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

TUESDAY, FEBRUARY 11, 1992

Tuesday, February 11, 1992
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

With grateful hearts, O God, we bow in acknowledgement that You are the Creator of the world and all that in it is, the Sustainer of life, and the solid Rock upon which to build our hopes. We thank You for the constancy of Your care and Your abounding blessings which are ours every day. Your mercies are everlasting, Your faithfulness endures through all generations, and Your goodness abides forever.

So, make us steadfast in thankfulness to God for His never failing blessings, enabling us to hear clearly the word of the Psalmist: "the goodness of the Lord endures continually". 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 Friday, the SPEAKER ordered it confirmed.

RESIGNATION

The following was received.

HOUSE OF REPRESENTATIVES
STATE OF SOUTH CAROLINA

February 6, 1992
The Honorable Robert J. Sheheen
Speaker of the House of Representatives
P.O. Box 11867
Columbia, S.C. 29211

RE:     House District 15

Dear Mr. Speaker:

My election by the General Assembly on February 5, 1992, as Resident Judge of the Eighth Judicial Circuit will make it necessary for me to resign as Representative of District 15. Therefore, please be advised that I herewith submit my resignation from the S.C. House of Representatives, District 15, effective March 5, 1992, at 5:00 P.M.

Very truly yours,
JAMES W. JOHNSON, JR.

Received as information.

MOTION ADOPTED

Rep. CORBETT moved that when the House adjourns it adjourn in memory of Billy Lee, which was agreed to.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration.

Document No. 1405
Promulgated By South Carolina Coastal Council
Marinas
Received By Speaker February 10, 1992
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 day review expiration date June 9, 1992

Document No. 1417
Promulgated By Board of Nursing
Nursing Education Programs
Received By Speaker February 7, 1992
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day review expiration date June 6, 1992

Document No. 1454
Promulgated By Board of Nursing
Proposed Date November 8, 1991
Proposed in Volume 15, Issue 11 of the State Register
Received By Speaker February 7, 1992
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day review expiration date June 6, 1992

Document No. 1456
Promulgated By Wildlife and Marine Resources Department
State Falconry Permit Regulations
Received By Speaker February 6, 1992
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 day review expiration date June 5, 1992

Document No. 1459
Promulgated By Department of Consumer Affairs
Merged Regulations for the Consumer Protection Code
Received By Speaker February 7, 1992
Referred to House Committee on Labor, Commerce and Industry
120 day review expiration date June 6, 1992

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1216 -- Senators Mullinax, O'Dell and Macaulay: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE DOUBLE BRIDGE ON STATE HIGHWAY 24 IN ANDERSON COUNTY AS THE CALVIN WESLEY BELCHER BRIDGE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1267 -- Senator Matthews: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO HONOR THE MEMORY OF HIGHWAY PATROLMAN MARVIN L. TITUS, WHO DIED IN THE LINE OF DUTY ON NOVEMBER 21, 1991, BY NAMING THE BAMBERG HIGHWAY PATROL OFFICE THE MARVIN L. TITUS BUILDING.

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

INTRODUCTION OF BILLS

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

H. 4384 -- Reps. Fair, Vaughn and Cato: A BILL TO AMEND ACT 544 OF 1982, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY, SO AS TO PROVIDE THAT THE TERMS OF OFFICE ARE FOR TWO YEARS RATHER THAN FOUR.

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

H. 4385 -- Reps. Fair, Vaughn, Cato and Clyborne: A BILL TO AMEND ACT 544 OF 1982, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY, SO AS TO PROVIDE THAT THE CANDIDATE RECEIVING THE MAJORITY OF VOTES RATHER THAN THE HIGHEST NUMBER IS ELECTED.

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

H. 4386 -- Reps. G. Brown and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-96-215 SO AS TO PROHIBIT THE SALE OF DISPOSABLE DIAPERS UNLESS THE DIAPERS ARE BIODEGRADABLE.

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

H. 4387 -- Reps. Corning, Keyserling, Harrison, Kirsh, Wilkes, Waites and Wofford: A BILL TO AMEND SECTION 8-13-1342, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, CAMPAIGN PRACTICES, RESTRICTIONS ON CONTRIBUTIONS BY A CONTRACTOR TO A CANDIDATE WHO PARTICIPATED IN THE AWARDING OF A CONTRACT, AND THE BAN ON A PUBLIC OFFICIAL'S OR EMPLOYEE'S SOLICITATION OF CAMPAIGN CONTRIBUTIONS OR INVESTMENTS UNDER CERTAIN CIRCUMSTANCES, SO AS TO MAKE THE PROVISIONS OF THE SECTION APPLICABLE TO REFERRALS FOR THE RENDERING OR PROVIDING OF PROFESSIONAL SERVICES, INCLUDING LEGAL SERVICES, DELETE THE EXEMPTION RESPECTING CONTRACTS AWARDED THROUGH COMPETITIVE BIDDING, AND PROVIDE THAT "CONTRACT", FOR THE PURPOSES OF THIS SECTION, SPECIFICALLY INCLUDES A CONTRACT FOR PROFESSIONAL SERVICES, INCLUDING LEGAL SERVICES.

Referred to Committee on Judiciary.

H. 4388 -- Reps. G. Bailey, A. Young and Wofford: A BILL TO AMEND SECTION 56-5-4160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WEIGHING VEHICLES AND LOADS, SO AS TO PROVIDE THAT FIFTY PERCENT OF THE FINES COLLECTED FOR VIOLATION OF WEIGHT LOADS MUST BE REMITTED TO THE COUNTY TREASURER OF THE COUNTY IN WHICH THE CITATION WAS ISSUED.

Referred to Committee on Education and Public Works.

S. 808 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-15-65 SO AS TO PROVIDE THAT DAMAGE TO A PROSTHETIC DEVICE, EYE GLASSES, OR HEARING AID OF AN INJURED EMPLOYEE AS THE RESULT OF AN INJURY BY ACCIDENT ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT ENTITLES THE EMPLOYEE TO COMPENSATION ENSURING THAT THE PROSTHETIC DEVICE, EYE GLASSES, OR HEARING AID IS REPAIRED OR REPLACED.

Referred to Committee on Labor, Commerce and Industry.

S. 924 -- Senator Wilson: A BILL TO AMEND SECTION 33-1-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT COURTS AND OTHER OFFICIAL BODIES GIVE CERTAIN EVIDENTIARY EFFECT TO COPIES OF DOCUMENTS WHICH THE SECRETARY OF STATE CERTIFIES ARE ON FILE WITH HIS OFFICE, SO AS TO ALSO REQUIRE THE COURTS AND OTHER BODIES TO GIVE CERTAIN EVIDENTIARY EFFECT TO DOCUMENTS WHICH THE SECRETARY OF STATE BY AFFIDAVIT CERTIFIES ARE NOT ON FILE WITH HIS OFFICE.

Referred to Committee on Judiciary.

S. 1045 -- Senator Stilwell: A BILL TO AMEND SECTION 23-31-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR PURCHASING A PISTOL, SO AS TO PROVIDE THAT THE CONTENTS OF THE APPLICATION INCLUDE THE MILITARY IDENTIFICATION CARD NUMBER FOR AN APPLICANT ON ACTIVE DUTY IN THE MILITARY AND THAT RESIDENCY IS NOT REQUIRED OF AN APPLICANT WHO IS ON ACTIVE DUTY AND WHO HAS IN HIS POSSESSION A CURRENT MILITARY IDENTIFICATION CARD.

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

S. 1048 -- Senator Passailaigue: A BILL TO AMEND CHAPTER 39, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-39-85 SO AS TO PROVIDE FOR THE DEVELOPMENT BY THE COASTAL COUNCIL OF AN "ADOPT-A-BEACH" PROGRAM.

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

S. 1206 -- Senators Giese, Wilson, Courtney and Bryan: A BILL TO AMEND SECTION 23-1-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR CONSTABLES, SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICERS WHO HAVE RETIRED FROM THEIR DUTIES AS OFFICERS ARE NOT REQUIRED TO PAY A FEE.

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

S. 1260 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-9-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURANCE STANDARD VALUATION LAW, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS REGARDING OPINIONS OF QUALIFIED ACTUARIES FOR LIFE INSURANCE COMPANIES DOING BUSINESS IN THIS STATE AND PROVIDE FOR THE REQUIRED AMOUNT OF AGGREGATE RESERVES.

Referred to Committee on Labor, Commerce and Industry.

S. 1261 -- Banking and Insurance Committee: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE FOR SIX YEARS.

Referred to Committee on Labor, Commerce and Industry.

S. 1262 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-71-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR GROUP HEALTH, GROUP ACCIDENT, AND GROUP ACCIDENT AND HEALTH INSURANCE, SO AS TO DELETE THE "REASON OF AGE" REQUIREMENT FOR CONTRACTS OF ACCIDENT AND HEALTH INSURANCE DESIGNED TO SUPPLEMENT REIMBURSEMENTS UNDER MEDICARE.

Referred to Committee on Labor, Commerce and Industry.

S. 1263 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-9-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF DEPOSIT OR SECURITIES REQUIRED OF INSURERS, SO AS TO AUTHORIZE THE INSURANCE COMMISSIONER TO REQUIRE DEPOSITS IN EXCESS OF THE LIMITS IN THE SECTION; TO AMEND SECTION 38-9-100, RELATING TO CONDITIONS UNDER WHICH DEPOSITS ARE NOT NECESSARY, SO AS TO AUTHORIZE THE COMMISSIONER TO REQUIRE A DEPOSIT OF QUALIFIED INSURERS INSTEAD OF REQUIRING THE INSURER TO BE RELIEVED OF MAKING THE DEPOSIT; AND TO AMEND SECTION 38-33-130, RELATING TO SECURITY DEPOSITS AND OTHER REQUIREMENTS FOR HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO REQUIRE THE ORGANIZATIONS TO SATISFY THE REQUIREMENTS APPLICABLE TO AN INSURER FOR THE RETURN OF DEPOSITED SECURITIES.

Referred to Committee on Labor, Commerce and Industry.

S. 1264 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-5-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVOCATION AND SUSPENSION OF CERTIFICATES OF AUTHORITY GRANTED TO INSURERS, SO AS TO REVISE THE CONDITIONS UNDER WHICH THE COMMISSIONER MAY ISSUE CERTAIN ORDERS WHEN AN INSURER IS IN AN UNSOUND OR HAZARDOUS CONDITION.

Referred to Committee on Labor, Commerce and Industry.

S. 1265 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-13-10 THROUGH 38-13-60, AS AMENDED, RELATING TO THE EXAMINATION, INVESTIGATION, REPORTS, PENALTIES, AND REMEDIES OF INSURERS, SO AS TO REVISE CURRENT PROVISIONS TO PROVIDE FOR SCHEDULING OF FINANCIAL EXAMINATIONS OF INSURERS, METHOD OF CONDUCTING EXAMINATIONS, CONTENT, FILING, ADOPTION, PUBLICATION, AND USE OF EXAMINATION REPORTS, CONFIDENTIALITY OF ANCILLARY INFORMATION, COST OF EXAMINATIONS, AND IMMUNITY FOR STATEMENTS MADE OR CONDUCT ENGAGED IN IF PERFORMED IN GOOD FAITH WHILE PERFORMING A FINANCIAL EXAMINATION.

Referred to Committee on Labor, Commerce and Industry.

S. 1266 -- Senators Robert W. Hayes, Jr., Peeler and Hinson: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN YORK COUNTY, SO AS TO DIVIDE ROCK HILL NO. 6 INTO ROCK HILL NO. 6A AND ROCK HILL NO. 6B.

Referred to York Delegation.

S. 1272 -- Senators Williams, Matthews, Fielding, Gilbert, Mitchell, Patterson and Washington: A JOINT RESOLUTION TO EMPOWER THE TRUSTEES OF SOUTH CAROLINA STATE COLLEGE TO ISSUE SPECIAL OBLIGATION BONDS TO PAY FOR THE COST OF ENLARGING AND IMPROVING DAWSON FOOTBALL STADIUM; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED; AND TO MAKE PROVISIONS FOR THEIR REPAYMENT.

On motion of Rep. BOAN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

CONCURRENT RESOLUTION

The following was introduced:

H. 4389 -- Reps. Wells, Beatty, Bruce, Cole, Kempe, Littlejohn, Lanford and McGinnis: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. BETTY M. MOORE, FORMER DIRECTOR OF REGISTRATION AND ELECTIONS FOR SPARTANBURG COUNTY, WHO DIED ON WEDNESDAY, FEBRUARY 5, 1992.

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

ROLL CALL

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

Alexander, M.O.        Altman                 Anderson
Bailey, G.             Bailey, J.             Barber
Baxley                 Beasley                Boan
Brown, G.              Brown, H.              Brown, J.
Bruce                  Burch, K.              Byrd
Canty                  Carnell                Cato
Chamblee               Clyborne               Cobb-Hunter
Cole                   Corbett                Cork
Corning                Council                Delleney
Elliott, D.            Elliott, L.            Fair
Farr                   Fulmer                 Glover
Hallman                Harrelson              Harris, J.
Harris, P.             Harrison               Harvin
Hendricks              Hodges                 Holt
Hyatt                  Inabinett              Jennings
Johnson, J.W.          Keegan                 Kempe
Kennedy                Keyserling             Kinon
Kirsh                  Klapman                Koon
Lanford                Littlejohn             Manly
Marchbanks             Martin, D.             Martin, L.
Mattos                 McAbee                 McCraw
McElveen               McGinnis               McKay
McLeod                 McTeer                 Meacham
Neilson                Nettles                Phillips
Quinn                  Rama                   Rogers
Ross                   Rudnick                Scott
Sharpe                 Sheheen                Shirley
Shissias               Smith                  Stoddard
Stone                  Taylor                 Townsend
Tucker                 Vaughn                 Waites
Waldrop                Wells                  Whipper
White                  Wilder                 Wilkes
Wilkins                Williams, D.           Williams, J.
Wofford                Wright                 Young, A.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, February 11.

Thomas Alexander                  John G. Felder
James L. Cromer Jr.               John W. Riser
Dell Baker                        Thomas N. Rhoad
W.S. Houck                        Thomas E. Huff
Mike Jackwhich                    Lenoir Sturkie
John J. Snow                      Don Beatty
Roger Young                       Samuel R. Foster
B. Hicks Harwell                  Larry Gentry
Daniel T. Cooper                  L. Edward Bennett
Total Present--120

DOCTOR OF THE DAY

Announcement was made that Dr. Donald G. Gregg of Greenville
is the Doctor of the Day for the General Assembly.

ACTING SPEAKER L. MARTIN IN CHAIR
STATEMENT BY REP. SHEHEEN

Rep. SHEHEEN made a statement relative to reapportionment.

SPEAKER IN CHAIR
H. 4158--AMENDED AND SENT TO THE SENATE

The following Bill was taken up.

H. 4158 -- Rep. Manly: A BILL TO AMEND ACT 251 OF 1991, RELATING TO THE TAX MILLAGE FOR THE GREENVILLE COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES MAY LEVY WITHOUT LIMITATION THAT TAX MILLAGE IT CONSIDERS NECESSARY TO PROVIDE FOR THE GENERAL OPERATIONS OF THE DISTRICT, AND TO DELETE CERTAIN PROVISIONS PERTAINING TO THE AUTHORIZED TAX MILLAGE OF THE DISTRICT AND ITS FISCAL AFFAIRS.

Rep. WILKINS, with unanimous consent, proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\CYY\18796.SD), which was adopted.

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

/SECTION     1.     (A)     Notwithstanding any other provision of law, the annual budget for the School District of Greenville County must be determined in accordance with the provisions of this act.

(B)     The board of trustees of the district shall annually prepare a budget and recommend to the county auditor the amount of tax millage, computed to the nearest whole mill, necessary to defray the cost of the budget. As used in this act, "budget" means that amount of the total cost of operating the schools of the district funded by ad valorem taxes on the taxable property within the district and shall not include funds obtained from other sources.

(C)     The board may recommend a budget increase not to exceed the dollar amount of the budget in the prior fiscal year plus a percentage of that amount based on the average increase in personal income in Greenville County for the previous three calendar years plus the maintenance increase provided for in subsection (D). The percentage increase in average personal income must be that percentage provided by the State Budget and Control Board based on data provided by the United States Department of Commerce.

(D)     In addition to the increase provided for in subsection (C), there may be added to the budget an amount equal to one percent of the school budget for the prior fiscal year to be used for necessary school maintenance.

(E)     In the event the board finds it necessary to increase the budget beyond the limits prescribed in subsection (C), it shall submit the question to the Greenville County Legislative Delegation and obtain their approval prior to increasing the levy beyond these permissible limitations. If a referendum is required on the increase as provided in subsection (F) because it exceeds four mills, the approval of the Greenville County Legislative Delegation is not required.

(F)     Notwithstanding other provisions or limitations contained in this Act, the amount of tax millage may not be increased by more than four mills in one year unless the increase is approved by the qualified electors of the district by referendum. However, no referendum or delegation approval is required if the proposed increase is necessary due to funding decreases from the state or federal government. For purposes of this subsection, a funding decrease is defined as an actual reduction in the total state or federal funds received by the school district when compared to the previous year.

(G)     Notwithstanding the limitation on budget increases prescribed in this act, the district is authorized to expend for school purposes any revenue in excess of the dollar amount of the authorized budget which is collected as a result of the increased assessed value of the property within the district provided the excess is added to the budget for the year in which it is expended to compute the authorized budget increase for the next year.

(H)     An independent auditor who reports directly to the board must periodically conduct fiscal and management audits of the district at the district's expense and a copy of the audit must be forwarded to the Greenville County Legislative Delegation.

SECTION     2.     Act 284 of 1989 and Act 251 of 1991 are repealed.

SECTION     3.     This act takes effect upon approval by the Governor./

Amend title to conform.

The Bill, as amended, was read the third time, and ordered sent to the Senate.

SENT TO THE SENATE

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

H. 3433 -- Rep. Koon: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO PROVIDE THAT SQUIRRELS MAY BE HUNTED WITH WEAPONS AND DOGS DURING THE ENTIRE HUNTING SEASON.

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.

H. 3850 -- Rep. Smith: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF A LOCAL CHILD PROTECTIVE AGENCY, SO AS TO PROVIDE THAT FACTS INDICATING A VIOLATION OF CRIMINAL LAW BE REPORTED TO APPROPRIATE LAW ENFORCEMENT AGENCIES WITHIN TWENTY-FOUR HOURS AND AN INCIDENT REPORT FILED, AND WHEN FACTS INDICATE SEXUAL ABUSE, LAW ENFORCEMENT AGENCIES MUST BE NOTIFIED WITHIN TWENTY-FOUR HOURS AND AN INCIDENT REPORT FILED.

H. 3885 -- Rep. J. Bailey: A BILL TO AMEND SECTION 59-19-125, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASING SCHOOL PROPERTY FOR PARTICULAR PURPOSES, SO AS TO DELETE THE PROVISION THAT LONG-TERM LEASES FOR CHILD CARE PROGRAMS MUST BE WITH NOT-FOR-PROFIT CORPORATIONS AND TO ALLOW THE SCHOOL DISTRICT TO ENTER INTO LEASES WITH ANY CORPORATION.

H. 4084 -- Rep. Harvin: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM ROAD S-14-342 IN CLARENDON COUNTY.

H. 4352 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO 61-68, WATER CLASSIFICATIONS AND STANDARDS, AND 61-69, WATER CLASSIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1385, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4354 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATIONS (BOHICKET CREEK, ET AL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1402, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4356 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS (ASHLEY RIVER), DESIGNATED AS REGULATION DOCUMENT NUMBER 1381, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4364 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF FUNERAL SERVICES, RELATING TO EXAMINATIONS, CONTINUING EDUCATION, AND RECIPROCITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1386, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

ORDERED ENROLLED FOR RATIFICATION

The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.

S. 263 -- Senator Nell W. Smith: A BILL TO AMEND SECTION 20-7-1780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADOPTION HEARINGS AND RECORDS, SO AS TO PROHIBIT THE RELEASE OF IDENTIFYING INFORMATION PERTAINING TO AN ADOPTION AND TO PROVIDE PENALTIES FOR VIOLATIONS.

S. 1067 -- Senators Setzler and Rose: A BILL TO AMEND SECTION 59-26-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE AREAS OF NEED WHICH JUSTIFY CANCELLATION OF THE STUDENT LOAN AT A SPECIFIED RATE AND TO PROVIDE THAT BEGINNING JULY 1, 1989, RECIPIENTS OF A SOUTH CAROLINA STUDENT LOAN MAY HAVE THEIR LOANS CANCELED AT AN ACCELERATED RATE IF THEY TEACH IN BOTH AN ACADEMIC CRITICAL NEED AREA AND IN A GEOGRAPHIC NEED AREA.

STATEMENT BY REP. BOAN

Rep. Boan made a statement relative to the 1992-93 State Budget.

H. 3296--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3296 -- Reps. Tucker, Huff, Smith, Clyborne and Wilkins: A BILL TO AMEND SECTION 44-53-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF LAWS PERTAINING TO ILLICIT TRAFFIC IN CONTROLLED AND COUNTERFEIT SUBSTANCES, SO AS TO PROVIDE FOR UNIFORM PROCEDURES FOR FORFEITED SUBSTANCES AND PROPERTY TO BE USED BY LAW ENFORCEMENT OFFICERS OF THE STATE AND ITS POLITICAL SUBDIVISIONS.

The Judiciary Committee proposed the following Amendment No. 1A (Doc Name L:\council\legis\amend\N05\8062.BD), which was adopted.

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

/SECTION     1.     Section 44-53-120 of the 1976 Code is amended by adding an appropriately numbered item to read:

"( )     promulgate regulations to provide uniform procedures for the seizure, inventory, reporting, auditing, handling, testing, storage, preservation for evidentiary use, and destruction or other lawful disposition of controlled substances."

SECTION     2.     The 1976 Code is amended by adding:

"Section 44-53-485.     (A)     Controlled substances seized pursuant to this article must be inventoried, reported, audited, handled, tested, stored, preserved, or destroyed pursuant to procedures promulgated by the South Carolina Law Enforcement Division.

(B)     The chief law enforcement official of the seizing agency, his designee, or the clerk of court, after one year following the conviction, guilty plea, plea by nolo contendere, or other disposition of the criminal case, may order the destruction or other lawful disposition of the substances unnecessary for evidentiary purposes in accordance with procedures promulgated by the division.

(C)     The chief law enforcement official of the seizing agency or his designee, after a reasonable period of time following the seizure, may order the destruction or other lawful disposition of substances that do not come within the jurisdiction of court.

(D)     When large amounts of substances are seized and storage is impractical, a law enforcement officer, only with the prior written approval and consent of the solicitor, may substitute photographs or video tapes of the substances at trial so long as a representative sample is analyzed for proof of the matter that the substances actually are present. When substitutions are used, the chief law enforcement official or his designee may authorize the destruction of the substances ten days following seizure.

(E)     In all subsequent court proceedings following the disposition of the case, all evidence presented at the original proceedings is admissible through introduction of the certified record of the case."

SECTION     3.     This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. NETTLES explained the amendment.

The amendment was then adopted.

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

S. 984--AMENDED AND DEBATE ADJOURNED

The following Bill was taken up.

S. 984 -- Senators Drummond, Martschink, McConnell, Fielding, Long, Hinds, Passailaigue and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-5 SO AS TO DEFINE THE CENTER LINE OF WATERWAYS FOR PURPOSES OF DESCRIBING COUNTIES AND JURY AREAS; TO AMEND SECTIONS 4-3-70, 4-3-100, 4-3-150, 4-3-270, 4-3-310, AND 4-3-320, RELATING TO THE BOUNDARIES OF THE COUNTIES OF BEAUFORT, CHARLESTON, COLLETON, GEORGETOWN, HORRY, AND JASPER, SO AS TO REDEFINE THEIR BOUNDARIES; TO AMEND SECTION 22-2-190, AS AMENDED, RELATING TO JURY AREAS IN VARIOUS COUNTIES, SO AS TO REDEFINE THE JURY AREAS IN BEAUFORT, CHARLESTON, COLLETON, GEORGETOWN, HORRY, AND JASPER COUNTIES; AND TO REPEAL SECTION 4-3-160 RELATING TO THAT PORTION OF CHARLESTON COUNTY WHICH WAS TRANSFERRED TO COLLETON COUNTY.

Rep. J. Williams proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\436\12084.DW), which was adopted.

Amend the bill, as and if amended, in Section 4-3-100 of the 1976 Code, as contained in SECTION 3, page 9, line 21, by inserting after /River/ /as shown on the National Oceanic and Atmospheric Administration, National Ocean Survey chart 11524, 38th edition, dated March 23, 1991/.

Amend title to conform.

Rep. J. WILLIAMS explained the amendment.

The amendment was then adopted.

Rep. HARRELSON proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\JIC\6114.DW).

Amend the bill, as and if amended, SECTION 1, page 1, line 41, by adding after /tide/: /, except when an island is present; then the center line follows the main channel around the island and is the line described by a series of points equidistant from the banks of the main channel as delineated at mean high tide/.

Amend further, SECTION 1, page 2, line 2, by adding after /mark/: /, except when an island is present; then the center line follows the main channel around the island and is the line described by a series of points equidistant from the banks of the main channel as delineated by the ordinary high-water mark."/.

Amend title to conform.

Rep. HARRELSON explained the amendment.

Rep. HOLT moved to adjourn debate upon the Bill until Thursday, February 20, which was adopted.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4389 -- Reps. Wells, Beatty, Bruce, Cole, Kempe, Littlejohn, Lanford and McGinnis: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. BETTY M. MOORE, FORMER DIRECTOR OF REGISTRATION AND ELECTIONS FOR SPARTANBURG COUNTY, WHO DIED ON WEDNESDAY, FEBRUARY 5, 1992.

ADJOURNMENT

At 12:50 P.M. the House in accordance with the motion of Rep. CORBETT adjourned in memory of Billy Lee, to meet at 2:00 P.M. tomorrow.

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