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

WEDNESDAY, FEBRUARY 19, 1992

Wednesday, February 19, 1992
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 P.M.

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

Give to each of us, good Lord, a steadfastness which no unworthy thought can drag down, an unconquered heart that no tribulation can wear out, an upright mind which no littleness can pull us aside. Give us the understanding to know You, the diligence to seek You, and the faithfulness to remain steadfast to Your teachings. And hearing and heeding the voice divine, keep us loyal in "doing justly, loving mercy and walking humbly with our God".

Distill deeply within us the undying confidence of the Psalmist when he wrote: "Your Word is a lamp unto my feet, and a light unto my path" (Psalm 119:105) 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.

REGULATION RECEIVED

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

Document No. 1420
Promulgated By Department of Health and Environmental Control
Standards for Licensing Renal Dialysis Facilities
Received By Speaker February 18, 1992
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day review expiration date June 17, 1992

REGULATION WITHDRAWN AND RESUBMITTED

The following was received.

Document No. 1413
Promulgated By Licensing Board for Contractors
Roofing License/Late Renewal Penalty
Referred to House Committee on Labor, Commerce and Industry
120 day review expiration date May 13, 1992
Withdrawn and resubmitted February 18, 1992

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., February 18, 1992

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1266:
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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MOTION ADOPTED

Rep. ANDERSON moved that when the House adjourns it adjourn in memory of Leroy A. "Tony" Shelton, husband of former colleague Sara Shelton, which was agreed to.

REPORTS OF STANDING COMMITTEES

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

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.

Ordered for consideration tomorrow.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

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.

Ordered for consideration tomorrow.

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

H. 4136 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: 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.

Ordered for consideration tomorrow.

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

H. 4138 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: 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.

Ordered for consideration tomorrow.

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

H. 4277 -- Rep. Kirsh: A BILL TO AMEND SECTION 40-77-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR A REGISTERED PROFESSIONAL GEOLOGIST, SO AS TO DELETE THE REQUIREMENT FOR ORAL EXAMINATIONS AND REQUIRE APPROPRIATE EXAMINATIONS; TO AMEND SECTION 40-77-370, RELATING TO EXEMPTIONS FROM THE REQUIREMENTS, SO AS TO AUTHORIZE THE BOARD TO DETERMINE THE TIME LIMITS FOR PRACTICING WITH A TEMPORARY PERMIT AND DELETE THE REQUIREMENT FOR REGISTRATION IN A PERSON'S RESIDENT STATE OR COUNTRY FOR A TEMPORARY PERMIT; AND TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF REGISTRATION FOR GEOLOGISTS FOR THREE YEARS.

Ordered for consideration tomorrow.

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

H. 4135 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: 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.

Ordered for consideration tomorrow.

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

H. 4137 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-75-375 SO AS TO PROVIDE FOR PAYMENTS OF ASSESSMENTS OR INTEREST BY MEMBER COMPANIES TO THE WINDSTORM AND HAIL UNDERWRITING ASSOCIATION AND FOR PENALTIES; TO AMEND SECTION 38-75-370, RELATING TO DUTIES OF ASSOCIATION MEMBERS AND LIMITATION ON LIABILITY, SO AS TO AUTHORIZE THE ASSOCIATION TO RELY ON A MEMBER COMPANY'S ANNUAL STATEMENT IN DETERMINING PARTICIPATION IN PROFITS AND LOSSES AND PROVIDE REQUIREMENTS TO RECEIVE CREDIT FOR ESSENTIAL PROPERTY VOLUNTARILY WRITTEN IN THE COASTAL AREA; AND TO AMEND SECTION 38-75-410, RELATING TO APPEALS FROM ACTS, RULINGS, OR DECISIONS OF THE ASSOCIATION, SO AS TO PROVIDE FOR THE TIME OF APPEALS FOR CERTAIN ACTS.

Ordered for consideration tomorrow.

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

H. 4253 -- Reps. Rudnick, Byrd, Kirsh and McGinnis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-13-15 SO AS TO AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO CONDUCT AN AUDIT, AT ANY TIME, OF ANY INSURER IN THIS STATE.

Ordered for consideration tomorrow.

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

S. 371 -- Senator Setzler: A BILL TO AMEND SECTION 29-5-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE THAT THE AGGREGATE AMOUNT OF ANY LIENS FILED BY A SUB-SUBCONTRACTOR OR SUPPLIER AGAINST A SUBCONTRACTOR TO WHOM THE SUB-SUBCONTRACTOR OR SUPPLIER HAS SUPPLIED LABOR, MATERIAL, OR SERVICES SHALL NOT EXCEED THE AMOUNT DUE BY THE CONTRACTOR TO THAT SUBCONTRACTOR; AND TO AMEND SECTION 29-5-60, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE FOR A PRORATED PAYMENT TO LIENORS IN THE EVENT THE AMOUNT DUE A SUBCONTRACTOR BY THE CONTRACTOR IS INSUFFICIENT TO PAY ALL LIENORS.

Ordered for consideration tomorrow.

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

H. 3039 -- Reps. Whipper, M. O. Alexander and Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-90 SO AS TO MAKE IT UNLAWFUL FOR A BUSINESS WHICH IS LICENSED AS A RETAILER BY A MUNICIPALITY, COUNTY, OR THE STATE TO USE THE TERM "WHOLESALER" OR "DISTRIBUTOR" IN ITS NAME, TO PROVIDE AN EXCEPTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Ordered for consideration tomorrow.

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

H. 4103 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-20-375, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATION OF COUNTY MENTAL RETARDATION BOARDS BY COUNTY ORDINANCE, SO AS TO CLARIFY THAT THE APPOINTMENT PROCESS RATHER THAN THE APPOINTING AUTHORITY EXISTING ON JANUARY 1, 1991, MUST BE PRESERVED IN THE ORDINANCE AND PROVIDE EXCEPTIONS.

Ordered for consideration tomorrow.

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

H. 4108 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-17-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY COMMITMENT PROCEDURES FOR MENTAL ILLNESS, SO AS TO PROVIDE THAT IF A PERSON WHO IS COMMITTED IS FOUND NOT TO BE MENTALLY ILL BUT CHEMICALLY DEPENDENT AND IF PROCEDURES FOR EMERGENCY ADMISSION FOR CHEMICAL DEPENDENCE HAVE BEEN INITIATED, THEN THE PERSON MUST NOT BE DISCHARGED BUT MUST BE TRANSFERRED TO AN APPROPRIATE FACILITY; TO AMEND SECTIONS 44-17-430, 44-17-440, AND 44-17-530, RELATING TO TAKING INTO CUSTODY AND TRANSPORTING PERSONS FOR THE PURPOSE OF EMERGENCY COMMITMENT AND EXAMINATION FOR MENTAL ILLNESS, SO AS TO CHANGE REFERENCES FROM "OFFICER OF THE PEACE" TO "STATE OR LOCAL LAW ENFORCEMENT OFFICER"; TO AMEND SECTION 44-17-870, RELATING TO TAKING CUSTODY OF A PERSON INVOLUNTARILY COMMITTED TO A FACILITY WHO IS ABSENT WITHOUT AUTHORIZATION, SO AS TO DELETE OBSOLETE PROVISIONS; TO AMEND SECTION 44-52-60, AS AMENDED, RELATING TO EMERGENCY COMMITMENT PROCEDURES FOR CHEMICAL DEPENDENCY, SO AS TO PROVIDE THAT IF A PERSON WHO IS COMMITTED IS FOUND NOT TO BE CHEMICALLY DEPENDENT BUT MENTALLY ILL AND IF PROCEDURES FOR EMERGENCY ADMISSION FOR MENTAL ILLNESS HAVE BEEN INITIATED THEN THE PETITION MUST BE DISMISSED, AND IN COMPLIANCE WITH THE APPROPRIATE COMMITMENT PROCEDURES, THE PERSON MUST BE DETAINED AND MUST BE TRANSFERRED TO AN APPROPRIATE FACILITY.

Ordered for consideration tomorrow.

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

H. 4274 -- Reps. Carnell, Wofford, McAbee, Waldrop, Jennings, T.C. Alexander, Altman, G. Bailey, Barber, G. Brown, Bruce, K. Burch, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, D. Elliott, Fair, Farr, Felder, Foster, Fulmer, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Holt, Huff, J.C. Johnson, Keegan, Kempe, Keyserling, Kinon, Koon, Lanford, Littlejohn, Marchbanks, L. Martin, Mattos, McCraw, McGinnis, McKay, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Riser, Rudnick, Scott, Sharpe, Shirley, Shissias, Smith, Snow, Stoddard, Stone, Townsend, Tucker, Wells, White, Wilder, Wilkins, Wright, A. Young, Rogers, Sturkie and Baker: A BILL TO AMEND SECTION 9-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTIONAL FORMS OF RETIREMENT ALLOWANCES UNDER THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW A MEMBER UNDER A PARTICULAR OPTION TO RECEIVE A FULL RETIREMENT ALLOWANCE RATHER THAN A REDUCED ALLOWANCE PAYABLE DURING THE MEMBER'S LIFE WITH THE PROVISION THAT AT HIS DEATH THE ALLOWANCE CONTINUES AT ONE-HALF THE RATE PAID TO HIM FOR THE LIFE OF HIS NAMED BENEFICIARY, AND TO AMEND SECTION 9-11-210, AS AMENDED, RELATING TO CONTRIBUTIONS TO THE SYSTEM, SO AS TO INCREASE THE EMPLOYEE CONTRIBUTIONS OF CLASS ONE AND CLASS TWO MEMBERS BY EIGHTY-NINE HUNDREDTHS OF ONE PERCENT TO OFFSET THE ACTUARIAL COST OF THE ABOVE PROVISION.

Ordered for consideration tomorrow.

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

S. 1116 -- Senators Bryan, Peeler, Fielding, Hinds, Hinson and Rose: A BILL TO AMEND SECTION 44-22-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE RIGHTS OF MENTAL HEALTH PATIENTS, SO AS TO REVISE THESE DEFINITIONS; TO AMEND SECTION 44-22-60, RELATING TO RIGHTS OF PATIENTS UPON ADMISSION TO A FACILITY, SO AS TO CLARIFY THAT RIGHTS OF PATIENTS APPLY WHEN ADMITTED TO A DEPARTMENT OF MENTAL HEALTH FACILITY RATHER THAN TO ANY MENTAL HEALTH RESIDENTIAL PROGRAM; TO AMEND SECTION 44-22-70, RELATING TO INDIVIDUALIZED TREATMENT PLANS, SO AS TO PROVIDE THAT SUCH PLAN MUST BE REVIEWED IN A LONG-TERM CARE FACILITY EVERY NINETY DAYS RATHER THAN EVERY SIXTY DAYS; TO AMEND SECTION 44-22-100, RELATING TO CONFIDENTIALITY OF RECORDS, CERTIFICATES, APPLICATIONS, AND REPORTS, SO AS TO CLARIFY THAT THIS CONFIDENTIALITY EXTENDS TO CERTAIN OTHER CHAPTERS IN TITLE 44; TO AMEND SECTION 44-22-120, RELATING TO CERTAIN RIGHTS THAT PATIENTS ARE ASSURED, SO AS TO INCLUDE THE RIGHT TO CARE FOR ONE'S OWN CLOTHING WHEN ABLE TO DO SO AND TO PROVIDE FOR THE DISPOSITION OF UNCLAIMED PERSONAL PROPERTY WHEN A PATIENT IS DISCHARGED; TO AMEND SECTION 44-22-150, RELATING TO MECHANICAL RESTRAINTS ON PATIENTS, SO AS TO PROVIDE THAT THE RESTRAINTS MUST BE REMOVED EVERY TWO HOURS; TO AMEND SECTION 44-22-210, RELATING TO A PATIENT'S TEMPORARY LEAVE OF ABSENCE, SO AS TO EXTEND THE LIMITATION ON SUCH A LEAVE FROM FOURTEEN TO NINETY DAYS; AND TO REPEAL SECTIONS 44-17-650, 44-23-1010, 44-23-1060, AND 44-52-180 RELATING TO THE RIGHTS OF MENTAL HEALTH PATIENTS.

Ordered for consideration tomorrow.

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

S. 1142 -- Senators Nell W. Smith, Robert W. Hayes, Jr. and Moore: A JOINT RESOLUTION TO REQUIRE THE STATE TO PROVIDE CONTINUITY IN FISCAL MATTERS, INCLUDING UNINTERRUPTED PAYMENT OF PERSONNEL, IN THE TRANSFER OF THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM FROM THE UNIVERSITY OF SOUTH CAROLINA TO THE STATE WORKERS' COMPENSATION FUND.

Ordered for consideration tomorrow.

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

S. 1200 -- Senators Nell W. Smith, Moore and Robert W. Hayes, Jr.: A BILL TO AMEND SECTION 20-7-121, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO PROVIDE THAT THE PROGRAM MUST BE ADMINISTERED BY THE STATE WORKERS' COMPENSATION FUND; AND TO AMEND SECTION 5 OF ACT 441 OF 1988, RELATING TO THE ADMINISTRATION OF THIS PROGRAM, SO AS TO DELETE THE PROVISION IN WHICH THE ADMINISTRATION OF THE PROGRAM IS BY THE UNIVERSITY OF SOUTH CAROLINA TRIO PROGRAMS THROUGH A CONTRACT WITH THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

H. 4182 -- Reps. Waldrop, Chamblee and Cooper: A BILL TO AMEND SECTIONS 24-13-1310 AND 24-13-1340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR PARTICIPATION IN THE SHOCK INCARCERATION PROGRAM, SO AS TO PROVIDE THAT A PERSON MUST NOT HAVE ATTAINED THE AGE OF THIRTY YEARS RATHER THAN TWENTY-SIX YEARS AT THE TIME OF ADMISSION TO THE DEPARTMENT OF CORRECTIONS TO BE ELIGIBLE FOR THE PROGRAM.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

H. 4117 -- Rep. Kirsh: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 17, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES, SO AS TO AUTHORIZE THE SUPREME COURT, AFTER HEARING, TO REMOVE ANY JUDGE FROM OFFICE UPON A FINDING OF MISCONDUCT IN OFFICE.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

S. 261 -- Senator Fielding: A BILL TO ALTER THE COUNTY LINES OF BERKELEY AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF BERKELEY COUNTY TO CHARLESTON COUNTY AND TO MAKE PROVISIONS FOR LEGAL RECORDS AND TO AMEND SECTION 2-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPORTIONMENT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES INTO SPECIFIED HOUSE DISTRICTS AND SECTION 2-1-60, RELATING TO THE APPORTIONMENT OF MEMBERS OF THE SENATE INTO SPECIFIED SENATORIAL DISTRICTS, SO AS TO DELETE A PORTION OF LAND FROM HOUSE DISTRICT 92 AND SENATORIAL DISTRICT 38 OF DORCHESTER AND BERKELEY COUNTIES AND ADD IT TO HOUSE DISTRICT 117 AND SENATORIAL DISTRICT 41 OF CHARLESTON COUNTY.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 4125 -- Reps. Wilkins and Harwell: A BILL TO AMEND SECTION 14-1-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIRED JUSTICES AND JUDGES PRESIDING OR SERVING IN CERTAIN COURTS OF THIS STATE AND THE REQUIREMENT THAT THESE JUSTICES OR JUDGES BE SCREENED, SO AS TO PROVIDE THAT IF A JUSTICE OR JUDGE RETIRED BEFORE THE EXPIRATION OF HIS THEN CURRENT TERM, NO FURTHER SCREENING OF THAT JUSTICE OR JUDGE IS REQUIRED UNTIL THAT TERM WOULD HAVE EXPIRED IF HE IS TO BE ASSIGNED TO SIT IN THE COURT OF APPEALS OR THE SUPREME COURT.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 4129 -- Rep. McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-15-145 SO AS TO TRANSFER ALL POWERS, DUTIES, AND RESPONSIBILITIES FROM THE MUNICIPAL ELECTION COMMISSION TO THE COUNTY ELECTION COMMISSION IN THOSE MUNICIPALITIES CONDUCTING ELECTIONS AT THE TIME OF THE GENERAL ELECTION UPON THE ADOPTION OF AN ORDINANCE BY THE MUNICIPALITY EFFECTING THE TRANSFER.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1217 -- Senators Martschink, Passailaigue, Setzler, Rose, Giese, Courson and Washington: A CONCURRENT RESOLUTION COMMENDING BART DANIEL, UNITED STATES ATTORNEY FOR THE DISTRICT OF SOUTH CAROLINA, FOR HIS DEDICATION TO DUTY AND HIS UNCEASING EFFORTS TO RESTORE FAITH IN GOVERNMENT IN THIS STATE, AND WISHING HIM HAPPINESS AND SUCCESS IN HIS FUTURE ENDEAVORS.

The Concurrent Resolution was ordered referred to the Committee on Judiciary.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1305 -- Senators Reese, Courtney and Russell: A CONCURRENT RESOLUTION EXTENDING CONGRATULATIONS TO THE RESCUE 11 EMERGENCY MEDICAL SERVICES SQUAD OF LANDRUM IN SPARTANBURG COUNTY FOR BEING CHOSEN THE WINNER OF THE "STATE EMERGENCY MEDICAL SERVICES SYSTEM OF THE YEAR" AWARD, AND COMMENDING THE SQUAD FOR ITS OUTSTANDING WORK AND PUBLIC SERVICE.

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. 4426 -- Reps. Manly, Fair, Cato, Mattos, Anderson, Vaughn, M.O. Alexander, Haskins, Wilkins, Jaskwhich and Clyborne: A BILL TO AUTHORIZE A POLITICAL SUBDIVISION WHICH OPERATES A SEWER SYSTEM AUTHORIZED BY LAW TO PROVIDE FOR THE EXPENDITURE OF FUNDS COLLECTED BY WAY OF FRONT-FOOT ASSESSMENTS OR PER-PARCEL ASSESSMENTS FOR SEWER IMPROVEMENTS IN ACCORDANCE WITH THIS ACT.

Referred to Committee on Judiciary.

H. 4427 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS, RELATING TO RULES OF PROFESSIONAL CONDUCT, ORGANIZATION, GENERAL PROVISIONS, AND UNDERSTANDINGS WITH OTHER BOARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1442, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4428 -- Rep. Corning: 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, PROVIDE THAT "CONTRACT", FOR THE PURPOSES OF THIS SECTION, SPECIFICALLY INCLUDES A CONTRACT FOR PROFESSIONAL SERVICES, INCLUDING LEGAL SERVICES, AND DEFINE "PERSON" FOR THE PURPOSES OF THIS SECTION.

Referred to Committee on Judiciary.

H. 4429 -- Reps. Tucker, Haskins, Cobb-Hunter, Stone, McCraw, G. Bailey, Corning, Wells, Wofford, L. Elliott, Mattos, McAbee, D. Martin, Holt, Phillips, Kempe, J. Brown, K. Burch, Riser, Beatty, Wright, Harrison, Smith, Kinon, T.C. Alexander, Vaughn, McGinnis, Littlejohn, Rhoad, Barber, Chamblee, Gonzales, Meacham, Farr, L. Martin, Marchbanks and Hyatt: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 27-21-22 AND 27-21-24 SO AS TO PROVIDE THE MANNER IN WHICH A SHERIFF OR CHIEF OF POLICE SHALL USE ABANDONED OR RECOVERED STOLEN PROPERTY AND PROVIDE FOR THE NOTIFICATION TO OWNERS OF ABANDONED OR RECOVERED STOLEN PROPERTY BY THE SHERIFF OR CHIEF OF POLICE OF A MUNICIPALITY; AND TO AMEND SECTION 27-21-20, RELATING TO THE AUTHORIZATION OF A SHERIFF TO SELL ABANDONED OR RECOVERED STOLEN PROPERTY AT PUBLIC AUCTION WHEN THE OWNER CANNOT BE FOUND AND THE REQUIREMENTS FOR ADVERTISEMENT OF THE SALE AND THE DISPOSITION OF THE PROCEEDS OF THE SALE, SO AS TO REVISE THE PROCEDURE FOR SELLING THIS PROPERTY AND AUTHORIZE THE CHIEF OF POLICE OF A MUNICIPALITY TO SELL THE SAME PROPERTY.

Referred to Committee on Judiciary.

S. 1140 -- Senators Waddell, Leatherman, Gilbert and McGill: A BILL TO AMEND SECTION 12-7-1245, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORPORATE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS LOCATED IN THIS STATE, SO AS TO REVISE THE CATEGORIES OF JOBS WHICH MUST BE CREATED TO QUALIFY FOR THE CREDIT, TO ADD ADDITIONAL REQUIREMENTS FOR PERSONAL PROPERTY TO QUALIFY FOR THE CREDIT, TO EXPAND THE PERSONAL PROPERTY FOR WHICH THE CREDIT MAY BE CLAIMED, TO PROVIDE THE TAXABLE YEARS TO WHICH THE CREDIT APPLIES, TO REQUIRE RECAPTURE OF THE CREDIT IF STAFFING LEVELS ARE NOT TIMELY MET, TO ALLOW THE CREDIT WHEN A FEE IN LIEU OF TAXES ARRANGEMENT EXISTS, TO REQUIRE A REDUCTION IN THE INCOME TAX BASIS ONLY OF PROPERTY FOR WHICH THE CREDIT WAS CLAIMED, TO REVISE AND ADD ADDITIONAL DEFINITIONS, AND TO ALLOW TAXPAYERS RELYING ON RULINGS FROM THE SOUTH CAROLINA TAX COMMISSION IN THE APPLICATION OF THE FORMER PROVISIONS OF THE CODE SECTION TO CONTINUE TO RELY ON THE RULINGS AND ALLOW THE TAXPAYER TO BENEFIT FROM THE PROVISIONS OF THE SECTION.

On motion of Rep. BOAN, 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
Anderson               Bailey, G.             Bailey, J.
Barber                 Baxley                 Beasley
Beatty                 Bennett                Boan
Brown, G.              Brown, H.              Brown, J.
Bruce                  Byrd                   Canty
Carnell                Cato                   Chamblee
Clyborne               Cobb-Hunter            Cole
Cooper                 Corbett                Cork
Corning                Council                Cromer
Delleney               Elliott, D.            Elliott, L.
Fair                   Farr                   Foster
Gentry                 Glover                 Gonzales
Hallman                Harrelson              Harris, J.
Harris, P.             Harrison               Harwell
Haskins                Hendricks              Hodges
Holt                   Houck                  Huff
Hyatt                  Inabinett              Jaskwhich
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                  McTeer                 Meacham
Neilson                Nettles                Phillips
Quinn                  Rama                   Rhoad
Riser                  Rogers                 Ross
Rudnick                Scott                  Sharpe
Sheheen                Shirley                Shissias
Smith                  Snow                   Stone
Taylor                 Townsend               Tucker
Vaughn                 Waites                 Waldrop
Wells                  Whipper                White
Wilder                 Wilkes                 Wilkins
Williams, D.           Williams, J.           Wofford
Wright                 Young, A.              Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, February 19.

Dell Baker                        Gene C. Stoddard
C. Alex Harvin, III               John G. Felder
Morgan Martin                     C. Lenoir Sturkie
Total Present--120

LEAVE OF ABSENCE

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

STATEMENT RE ATTENDANCE

Rep. ROSS signed a statement with the Clerk that he was not present for the Session but arrived on time to attend Committee Meetings on Tuesday, February 18.

DOCTOR OF THE DAY

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

SENT TO THE SENATE

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

H. 4418 -- Reps. McAbee and Carnell: A BILL TO AMEND SECTION 7-7-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO CONSOLIDATE CERTAIN PRECINCTS AND REVISE OTHER PRECINCTS.

H. 4005 -- Reps. J. Bailey, Holt and Harvin: A JOINT RESOLUTION TO REQUIRE EACH PUBLIC SCHOOL DISTRICT IN THE STATE TO IMPLEMENT A NUTRITIONAL, WELL-BALANCED SCHOOL BREAKFAST PROGRAM FOR SCHOOL YEAR 1991-92.

H. 3095 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-23 SO AS TO PROVIDE THAT A PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO MURDER AND IS FOUND TO BE MENTALLY RETARDED MUST BE SENTENCED TO LIFE IMPRISONMENT, DEFINE MENTALLY RETARDED, AND PROVIDE A PROCEDURE TO DETERMINE MENTAL RETARDATION; AND TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO PROHIBIT THE EXECUTION OF A PERSON FOUND TO BE MENTALLY RETARDED.

H. 4226 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-3-75 SO AS TO PROVIDE THAT ANY PERSON, NOT A LICENSED VETERINARIAN, WHO BOARDS THE DOMESTIC ANIMALS OF OTHERS ON HIS OWN PREMISES FOR A FEE MAY TRANSFER THE ANIMAL TO AN APPROPRIATE ANIMAL SHELTER TEN DAYS AFTER THE DATE THE OWNER BY WRITTEN CONTRACT OR AGREEMENT AGREED TO PICK UP THE ANIMAL BUT FAILED TO DO SO IF SUCH ACTION IS PERMITTED IN THE WRITTEN CONTRACT OR AGREEMENT.

RETURNED TO THE SENATE WITH AMENDMENT

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.

S. 818 -- Senator Bryan: A BILL TO AMEND SECTION 1-11-350, CODE OF LAWS OF SOUTH CAROLINA,1976, RELATING TO THE LEGISLATIVE AUDIT COUNCIL, SO AS TO REQUIRE AUDITS OF THE DIVISION OF MOTOR VEHICLE MANAGEMENT AND OTHER AGENCIES EVERY FIVE YEARS RATHER THAN EVERY THREE YEARS.

S. 830--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 830 -- Senators Martschink, Moore, McConnell, Long, Land, Rose, Saleeby, Stilwell, Washington, Pope, Passailaigue, Bryan, Shealy, Helmly and Reese: A BILL TO AMEND SECTION 56-3-1250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION CARDS, SO AS TO REDUCE THE PENALTY FOR FAILURE OF THE OWNER TO SIGN THE REGISTRATION CARD IN THE SPACE PROVIDED.

Rep. RUDNICK proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\6163.HC), which was adopted.

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

/SECTION ___.     Section 38-77-120(a) of the 1976 Code is amended by adding:

"(4)     Shall state in bold type that motor vehicle registration and license plates must be surrendered to the Department of Highways and Public Transportation pursuant to Section 56-10-240 upon failure to renew or maintain insurance on an automobile and that additional penalties may be imposed by the department pursuant to Section 56-10-10, et seq., including reinstatement fees, per diem fines, and criminal penalties."/

Renumber sections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

POINT OF ORDER

Rep. FARR raised the Point of Order that Amendment No. 2 was out of order as it was not germane to the Bill.

Rep. RUDNICK argued contra the Point.

The SPEAKER stated that it was germane and he overruled the Point of Order.

Rep. RUDNICK continued speaking.

The amendment was then adopted by a division vote of 62 to 4.

Rep. FARR explained the Bill.

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

H. 4372--TABLED

The following Joint Resolution was taken up.

H. 4372 -- Reps. Felder, Foster, Bennett, Cobb-Hunter, Anderson, Beatty, J. Brown, Byrd, Canty, Glover, Inabinett, D. Martin, Scott, Taylor, Whipper, White, D. Williams, Rhoad and Council: 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.

Rep. BOAN moved to table the Joint Resolution, which was agreed to.

H. 4384--DEBATE ADJOURNED

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

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.

H. 4385--DEBATE ADJOURNED

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

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.

H. 4211--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4211 -- Reps. Sharpe, Sturkie, Smith, Huff, Klapman, Harvin, Bennett, J. Harris, Kennedy, Stone and Wilder: A BILL TO AMEND SECTION 24-13-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED A VIOLENT CRIME, SO AS TO PROVIDE AN EXCEPTION TO THIS PROHIBITION.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9727.JM), which was adopted.

Amend the bill, as and if amended, by striking Section 24-13-650, as contained in SECTION 1, and inserting:

/"Section 24-13-650.     No offender committed to incarceration under Section 16-1-60 of the 1976 Code can may be released back into the community in which he committed the offense under the work release program, except in those cases wherein the victim of the crime for which the offender is charged, or the victim's nearest living relative if the victim has died, the law enforcement agency employing the arresting officer, and the circuit solicitor all agree to recommend that the offender be allowed to participate in the work release program in the community where the offense was committed. The victim or the victim's nearest living relative, the law enforcement agency, and the solicitor must be asked to affirm, in writing, that the offender be allowed to return to the community in which he committed the offense to participate in the work release program."/

Amend title to conform.

Rep. LANFORD explained the amendment.

The amendment was then adopted.

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

ORDERED TO THIRD READING

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

H. 4248 -- Reps. Wright and Riser: A BILL TO AMEND SECTIONS 15-74-10 AND 15-74-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF LIABILITY EXEMPTION FOR DONATED FOOD AND THE NATURE AND EXTENT OF THE CIVIL LIABILITY EXEMPTION TO FOOD DONORS, SO AS TO INCLUDE WITHIN THE DEFINITION OF PERISHABLE FOOD CONSUMER AGRICULTURAL PRODUCTS WHICH THE DONOR ALLOWS TO BE REMOVED FROM HIS LAND AFTER COMMERCIAL HARVESTING AND TO EXTEND THE EXEMPTION FROM CIVIL LIABILITY TO INJURIES RESULTING FROM THE NATURE AND CONDITION OF THE LAND.

H. 4111 -- Rep. Kirsh: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE FOR SIX YEARS.

H. 4119 -- Reps. Haskins, Rama, Wilkins, Cato, Harrison, Smith, Felder, Baxley, Wells, A. Young, D. Elliott, Harvin, Lanford, Anderson, Riser, Gonzales, Manly, J. Williams, Waites, Kirsh, Keegan, Rudnick, Mattos, Harrelson, Stone, J. Brown, Keyserling and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 15 TO TITLE 37 SO AS TO ENACT THE PRIZES AND GIFTS ACT REQUIRING DISCLOSURE OF INFORMATION PERTAINING TO CONTESTS AND PROMOTIONS INCLUDING WHO IS CONDUCTING THE ACTIVITY, CONDITIONS A CONSUMER MUST MEET TO BE ELIGIBLE, AND COSTS THAT MUST BE INCURRED TO RECEIVE THE PRIZE OR GIFT; PROHIBITING USE OF NOTIFICATIONS THAT RESEMBLE CHECKS OR INVOICES; AND PROVIDING A CIVIL CAUSE OF ACTION, ENFORCEMENT PROVISIONS, AND EXEMPTIONS.

Reps. L. MARTIN and HASKINS explained the Bill.

H. 4120 -- Rep. Haskins: A BILL TO AMEND SECTION 44-79-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL FITNESS SERVICES CREDIT CONTRACTS, SO AS TO DEFINE THAT "BUSINESS DAY" MEANS MONDAY THROUGH FRIDAY EXCLUDING STATE AND FEDERAL HOLIDAYS.

H. 4141 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: 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.

Rep. NEILSON explained the Bill.

H. 3990--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3990 -- Reps. Jennings, Baxley, M. Martin, L. Elliott, Burch, White, Harrison, Houck, Farr, J. Harris, Hodges, Snow, McElveen, Beasley, Neilson and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-165 SO AS TO PROVIDE THAT THE PROPERTY DAMAGE COVERAGE CONTAINED IN ANY AUTOMOBILE INSURANCE POLICY WRITTEN IN THIS STATE AND THE COLLISION COVERAGE, IF ANY, IN THE POLICY IS DEEMED TO COVER THE COST OF REPLACING OR REPAIRING THE AIR BAGS IN AUTOMOBILES INVOLVED IN A CLAIM UNDER THE POLICY, AND TO PROVIDE THAT NO INSURER BY ENDORSEMENT TO THE POLICY MAY EXCEPT OUT OR NEGATE THIS PROVISION.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18810.SD), which was adopted.

Amend the bill, as and if amended, by inserting in Section 38-77-165 of the 1976 Code, as contained in Section 1, immediately after /policy/ on line 33 of page 1 /when an automobile accident occurs/.

When amended, Section 38-77-165 of the 1976 Code shall read:

/Section 38-77-165.     The property damage coverage contained in any automobile insurance policy written in this State and the collision coverage, if any, in the policy is deemed to cover the cost of replacing or repairing the air bags, if necessary, in automobiles involved in a claim under the policy when an automobile accident occurs. No insurer by endorsement to the policy may except out or negate this provision./

Amend title to conform.

Rep. JENNINGS explained the amendment.

The amendment was then adopted.

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

H. 4140--DEBATE ADJOURNED

The following Bill was taken up.

H. 4140 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-74-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEALTH INSURANCE POOL, SO AS TO PROVIDE ADDITIONAL POWERS FOR THE BOARD OF DIRECTORS OF THE POOL TO CONTAIN INSURANCE COSTS, REQUIRE THE CHIEF INSURANCE COMMISSIONER'S APPROVAL BEFORE THE POOL MAY ISSUE INSURANCE POLICIES, AND DELETE DETAILED PROVISIONS REGARDING PAYMENT OF BENEFITS.

Rep. NEILSON explained the Bill.

Rep. J. BROWN moved to adjourn debate upon the Bill until Tuesday, February 25, which was adopted.

S. 318--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 318 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-460 SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO PROMULGATE REGULATIONS WHICH WOULD ESTABLISH A PROCEDURE FOR THE ELECTRONIC TRANSMISSION OF AN ABSENTEE BALLOT.

The Committee on Judiciary proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9733.JM), which was adopted.

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

/SECTION     1.     The 1976 Code is amended by adding:

"Section 7-15-460.     In the event of an emergency, as defined in this section, the State Election Commission must, in cooperation with United States government agencies, take all steps and action as may be necessary, including, but not limited to, electronic transmissions of Standard Form 76 issued by the federal government as an application for voter registration and an application for absentee ballots and electronic transmissions of absentee ballots to or from any elector in the United States armed services, to ensure that all South Carolina residents located in the immediate area of the emergency, who are serving on active duty in the armed services of the United States, in the Reserve or Guard components of the United States armed services having been called to active military duty, or as civilian personnel with the armed forces of the United States, have the opportunity to receive and cast any ballot they would have been eligible to cast if they resided in and had remained in South Carolina.

'Emergency' means any war, conflict, military action, or military mobilization outside the continental United States in which United States forces are involved which would make it impractical for South Carolina citizens serving in the United States armed services to register to vote or vote in person in the normal manner.

The State Election Commission shall promulgate regulations necessary for the implementation of this section."

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

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

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

H. 4347--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 4347 -- Reps. Keyserling, Barber, Hendricks, Whipper and Rogers: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS AND THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO STRENGTHEN ENERGY EFFICIENCY STANDARDS FOR MANUFACTURED HOUSING AND TO ALLOW STATES TO REQUIRE GREATER ENERGY EFFICIENCY MEASURES THAN REQUIRED BY THE FEDERAL STANDARDS AND THAT IF THESE MEASURES ARE NOT ACTED UPON BY THE UNITED STATES CONGRESS AND THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT BY 1993, THEN THE STATE OF SOUTH CAROLINA WILL SEEK OTHER REMEDIES TO ENSURE THAT ONLY ENERGY-EFFICIENT MANUFACTURED HOUSING IS ALLOWED TO BE SOLD IN THIS STATE.

Whereas, South Carolina imports almost all of its energy fuels; and

Whereas, South Carolina ranks forty-second in per capita income; and

Whereas, every energy dollar saved is effectively put to use within South Carolina and results in adding three to four dollars to South Carolina's economy; and

Whereas, South Carolina ranks first in the nation in the percentage of residences which are manufactured housing; and

Whereas, manufactured homes comprise about forty percent of new residential electricity connections in South Carolina; and

Whereas, heating and cooling costs of energy-inefficient manufactured homes of similar size can be ten times higher than efficient models; and

Whereas, energy-efficiency standards for manufactured homes are set at the federal level by the Department of Housing and Urban Development, and states cannot require stronger standards for energy-efficiency measures; and

Whereas, South Carolina is in the process of improving energy efficiency in all sectors and manufactured housing represents a very significant energy wasting sector; and

Whereas, South Carolina cannot afford the unnecessary environmental pollution and loss to the State's citizens of millions of dollars that result from wasteful energy construction practices by the manufactured housing industry; and

Whereas, the United States Department of Housing and Urban Development has given no indication of action on the four-year-old Congressional mandate to review and upgrade the nation's manufactured housing standards. Now, therefore,

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

That the South Carolina General Assembly, by this resolution, memorializes the United States Congress and the United States Department of Housing and Urban Development to strengthen energy-efficiency standards for manufactured housing and to allow states to require greater energy-efficiency measures than required by the federal standards.

Be it further resolved that if the United States Congress and the United States Department of Housing and Urban Development do not take the measures as urged in this resolution by 1993, the State of South Carolina will seek other remedies to ensure that only energy-efficient manufactured housing is allowed to be sold in this State.

Be it further resolved that a copy of this resolution be sent to the South Carolina Congressional Delegation members and to the Director of the United States Department of Housing and Urban Development.

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

MOTION PERIOD

Rep. L. MARTIN moved to dispense with the Motion Period.

As a first substitute Rep. CROMER moved to recall H. 3576 from the Judiciary Committee.

As a second substitute Rep. L. MARTIN moved to dispense with the balance of the Motion Period, which was agreed to by a division vote of 56 to 35.

H. 3117--RECOMMITTED

The following Joint Resolution was taken up.

H. 3117 -- Reps. Wilkins, Harwell, Huff, Clyborne, Haskins, Corning and Cato: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE OFFICES OF SECRETARY OF STATE, ATTORNEY GENERAL, STATE TREASURER, SUPERINTENDENT OF EDUCATION, COMPTROLLER GENERAL, COMMISSIONER OF AGRICULTURE, AND ADJUTANT GENERAL, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT HE BE APPOINTED BY THE GOVERNOR FOR A TERM COTERMINOUS WITH THAT OF THE GOVERNOR.

Rep. WILKINS moved to recommit the Joint Resolution to the Committee on Judiciary, which was agreed to.

RECURRENCE TO THE MORNING HOUR

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

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 4430 -- Reps. Sharpe, Smith, Huff, Corning, Stone, Tucker, Rudnick, Wilder and Bennett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-520 SO AS TO MAKE IT UNLAWFUL TO DISCHARGE A FIREARM IN A MANNER LIKELY TO CAUSE BODILY INJURY OR DEATH OF PERSONS OR DOMESTIC ANIMALS OR DAMAGE TO OR DESTRUCTION OF PROPERTY, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A PENALTY FOR VIOLATIONS.

Referred to Committee on Judiciary.

S. 1017--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1017 -- Senator Drummond: A BILL TO AMEND SECTION 7-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT THE COMMISSION MEET "AT ITS OFFICES IN COLUMBIA" AND PROVIDE INSTEAD THAT THE COMMISSION MEET AT PLACES AS THE COMMISSION DETERMINES; TO AMEND SECTION 7-17-70, RELATING TO COUNTY BOARDS OF CANVASSERS AND THE HEARING OF APPEALS BY THE BOARD OF STATE CANVASSERS UNDER THE ELECTION LAWS, SO AS TO DELETE THE REQUIREMENT THAT THE STATE BOARD MEET "IN COLUMBIA" FOR THIS PURPOSE; AND TO AMEND SECTION 7-17-220, RELATING TO THE MEETING OF THE BOARD OF STATE CANVASSERS AFTER A GENERAL ELECTION, SO AS TO DELETE THE REQUIREMENT THAT THE BOARD MEET "AT THE OFFICE OF THE ELECTION COMMISSION".

The Committee on Judiciary proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9731.JM), which was adopted.

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

/SECTION     1.     Section 7-3-10(c) of the 1976 Code is amended to read:

"(c)     The commission shall meet at its offices in Columbia at least once each month at such times as it may determine. However, the commission may change the location of the meeting if the change is more convenient for the commission or any parties scheduled to appear before the commission."

SECTION     2.     Section 7-17-70 of the 1976 Code is amended to read:

"Section 7-17-70.     Unless otherwise provided in Section 7-3-10(c), the State Board shall meet in Columbia not later than noon Wednesday next following the filing of any notice perfected under Section 7-17-60 for the purpose of hearing appeals. The appellant and each other candidate in the protested race shall have the right to be present at such hearing, to be represented by counsel and to be heard on the merits of the appeal. The State Board shall be bound by the facts as determined by the county board. Provided, however, that if in the opinion of at least two members of the State Board such facts should be reviewed, then a hearing de novo shall be held by the State Board. In the event of such review, the State Board may receive any new evidence or exhibits as it shall in its discretion deem necessary to determine the appeal. The State Board shall remain in session until all such appeals have been disposed of."

SECTION     3.     Section 7-17-220 of the 1976 Code is amended to read:

"Section 7-17-220. Unless otherwise provided in Section 7-3-10(c), the Board of State Canvassers shall meet at the office of the Election Commission within ten days after any general election for the purpose of canvassing the vote for all officers voted for at such election, including the vote for the electors for President and Vice-President, and for the purpose of canvassing the vote on all Constitutional Amendments and questions and other issues."

SECTION     4.     This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

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

H. 4267--DEBATE ADJOURNED

Rep. WILKINS moved to adjourn debate upon the following Bill until Thursday, February 27, which was adopted.

H. 4267 -- Reps. Wilkins and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 16-15-460 AND 16-15-470 SO AS TO PROVIDE FOR DISPLAYING CERTAIN VIDEO CASSETTES FOR SALE OR RENTAL IN A SEPARATE AREA, AND TO PROVIDE FOR AN OFFICIAL RATING ON THE SALE, RENTAL, OR LOAN OF CERTAIN VIDEO MOVIES.

ORDERED TO THIRD READING

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

H. 4398 -- Reps. McAbee, Rogers, G. Bailey, Shirley, Carnell, Phillips, Keegan, Wells, Tucker, Chamblee, Marchbanks, P. Harris, Shissias, Rhoad, Snow, Corning, Altman, Beasley, Riser, Bennett, Council, Wright, T.C. Alexander, Cato, Koon, Kempe, Neilson, Cromer, Townsend, D. Elliott, M.O. Alexander, Baxley, Hendricks, L. Martin, Mattos, Bruce, Waldrop, Jaskwhich and J.C. Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-675 SO AS TO DESIGNATE THE CLEMSON UNIVERSITY BOTANICAL GARDEN AS THE STATE BOTANICAL GARDEN.

H. 4400 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORKERS' COMPENSATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1432, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. M.O. ALEXANDER explained the Joint Resolution.

S. 1290 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO JAPANESE BEETLE QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1383, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4399--DEBATE ADJOURNED

The following Joint Resolution was taken up.

H. 4399 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOFT DRINK BOTTLING PLANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1443, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. M.O. ALEXANDER explained the Joint Resolution.

Rep. JENNINGS moved to adjourn debate upon the Joint Resolution until Thursday, February 27, which was adopted.

S. 1088--DEBATE ADJOURNED

Rep. CORBETT moved to adjourn debate upon the following Bill until Thursday, February 27, which was adopted.

S. 1088 -- Senator Hinds: A BILL TO AMEND SECTION 5-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENSION OF POLICE JURISDICTION AND AUTHORITY OF MUNICIPALITIES BORDERING ON THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN, SO AS TO PROVIDE THAT THE CITY LIMITS OF MUNICIPALITIES BORDERING THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN BE EXTENDED TO INCLUDE ALL THAT AREA LYING BETWEEN THE HIGH-TIDE LINE AND THE LOW-TIDE LINE.

S. 903--DEBATE ADJOURNED

The following Bill was taken up.

S. 903 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-545 SO AS TO PROVIDE A PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S COURT UPON PETITION OF THE SOLICITOR IN THAT CIRCUIT TO THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE, REQUIRE A TIME LIMIT ON THE REMOVAL OF THE CASE FROM THE DOCKET OF THE GENERAL SESSIONS COURT, REQUIRE THE SOLICITOR'S OFFICE TO PROSECUTE ALL TRANSFERRED CASES, AND REQUIRE ALL TRANSFERRED CASES TO BE RECORDED ON TAPE AND MAINTAINED BY THE CLERK OF COURT.

Reps. KIRSH and ROGERS proposed the following Amendment No. 13 (Doc Name L:\council\legis\amend\JIC\6185.HC).

Amend the bill, as and if amended, in Section 22-3-545, as contained in SECTION 1, page 2, by adding an appropriately numbered subsection to read:

/( ) Notwithstanding any other provision of law, all fines imposed by a magistrate or municipal judge presiding pursuant to this section must be distributed as if the fine were imposed by a circuit court pursuant to Section 20-7-1510. However, these fines are also subject to the provisions of Section 56-5-2940. This section must not result in increased compensation to a magistrate presiding over a trial or hearing pursuant to this section or in other additional or increased costs to the county./

Renumber subsections to conform.

Amend title to conform.

Rep. KIRSH explained the amendment.

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

H. 3687--OBJECTIONS

The following Bill was taken up.

H. 3687 -- Reps. Fair, Wright, Corbett, Keegan and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-240 SO AS TO PROHIBIT THE USE OF NEW AGE RELIGIOUS AND OCCULT PHILOSOPHIES AND METHODS OF INSTRUCTION IN THE PUBLIC SCHOOLS IN SOUTH CAROLINA AND TO PROVIDE PENALTIES.

Reps. WILKES, FAIR, HASKINS, T.C. ALEXANDER, ROSS, WELLS, McGINNIS, GONZALES, CLYBORNE, FELDER, COBB-HUNTER, GLOVER, RAMA, MANLY, R. YOUNG, SHISSIAS, WOFFORD, COUNCIL, KLAPMAN and RISER objected to the Bill.

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

ADJOURNMENT

At 3:15 P.M. the House in accordance with the motion of Rep. ANDERSON adjourned in memory of Leroy A. "Tony" Shelton, husband of former colleague Sara Shelton, to meet at 10:00 A.M. tomorrow.

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