South Carolina General Assembly
110th Session, 1993-1994
Journal of the House of Representatives

TUESDAY, APRIL 6, 1993

Tuesday, April 6, 1993
(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:

You have seen us before, Lord - many times. You have heard us pray often. We know because we have felt Your all-seeing eye, and have experienced answers to our prayers. Continue Your companionship with us, we pray, guiding us along life's way since each day is a journey, not a destination. Help us to tackle old problems with wisdom; new ones with enthusiasm.

And, Lord, as we recall the events of the Passover and as we meditate upon the events leading up to Good Friday and Easter, impress upon us anew and increasingly to what extent God will go for His people.

O God of love, hear our prayer. 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.

MOTION ADOPTED

Rep. RISER moved that when the House adjourns, it adjourn in memory of Voigt Kleckley, which was agreed to.

REGULATION RECEIVED

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

Document No. 1633
Promulgated By Public Service Commission
Notice of Filing For Motor Carriers
Received By Speaker April 1, 1993
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date March 8, 1994

REPORTS OF STANDING COMMITTEE

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

H. 3783 -- Reps. Martin, Worley, Keegan, Kelley and Witherspoon: A CONCURRENT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PROVIDE ADDITIONAL TRAFFIC CONTROL SUPPORT TO THE GRAND STRAND AREA, UNTIL BETTER ACCESS CAN BE PROVIDED THROUGH THE CONSTRUCTION AND IMPROVEMENT OF THE HIGHWAY SYSTEM SERVING THE GRAND STRAND AREA.

Ordered for consideration tomorrow.

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

H. 3843 -- Reps. Gonzales, G. Bailey, Whipper, Hallman, Inabinett, H. Brown, Fulmer, Harrell, Holt, Barber, Hutson, J. Bailey, Law, R. Young, Wofford, Breeland and Williams: A CONCURRENT RESOLUTION TO DIRECT THE GOVERNOR TO CONTRIBUTE ONE HUNDRED THOUSAND DOLLARS TO FURTHER THE EFFORTS OF THE TRIDENT CHAMBER OF COMMERCE REGARDING THE CLOSURE OR ALIGNMENT OF FEDERAL MILITARY INSTALLATIONS AND TO RETAIN CERTAIN OTHER FUNDS FOR FUTURE CONTINGENCIES.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3846 -- Rep. Farr: A HOUSE RESOLUTION EXPRESSING PROFOUND SORROW AT THE DEATH OF MERLE P. PRINCE OF UNION COUNTY, AND EXTENDING DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3847 -- Reps. Waites, J. Brown, Byrd, Corning, Cromer, Harrison, Neal, Quinn, Rogers, Scott and Shissias: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF JOHN R. T. "BOB" MAJOR, RICHLAND COUNTY CLERK OF COURT, WHO DIED MARCH 9, 1993.

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

HOUSE RESOLUTION

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

H. 3848 -- Reps. Kelley, Keegan, Martin, Snow, Witherspoon and Worley: A HOUSE RESOLUTION TO CONGRATULATE THE COASTAL CAROLINA COLLEGE "CHANTICLEERS" MEN'S BASKETBALL TEAM FOR BEING THE WINNINGEST TEAM IN BIG SOUTH HISTORY IN NCAA CONFERENCE PLAY.

Whereas, the members of the General Assembly were delighted to learn that the Coastal Carolina College "Chanticleers" Men's Basketball Team has been recognized as the winningest team in Big South History in NCAA Conference; and

Whereas, the "Chanticleers" basketball team for the fourth time was recognized as Big South Regular Season Champions along with Big South Conference Tournament Champions for the third time. Now, therefore,

Be it resolved by the House of Representatives:

That the Coastal Carolina College "Chanticleers" Men's Basketball Team along with Coach Russ Bergman are given the privilege of the floor of the House of Representatives at a time to be determined by the Speaker on Wednesday, April 14, 1993, for the purpose of being recognized as the "Winningest Team in Big South History in Conference Play".

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3849 -- Reps. Kelley, Keegan, Martin, Snow, Witherspoon and Worley: A CONCURRENT RESOLUTION TO CONGRATULATE TONY DUNKIN, STUDENT AND OUTSTANDING ATHLETE AT COASTAL CAROLINA COLLEGE, FOR HIS BASKETBALL ACCOMPLISHMENTS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3850 -- Reps. Kelley, Keegan, Martin, Snow, Witherspoon and Worley: A CONCURRENT RESOLUTION TO CONGRATULATE THE COASTAL CAROLINA COLLEGE BASKETBALL TEAM FOR BEING THE WINNINGEST TEAM IN BIG SOUTH HISTORY IN CONFERENCE PLAY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3851 -- Reps. Kelley, Keegan, Martin, Snow, Witherspoon and Worley: A CONCURRENT RESOLUTION TO CONGRATULATE COACH RUSS BERGMAN FOR HIS OUTSTANDING COACHING ABILITIES IN LEADING THE COASTAL CAROLINA COLLEGE BASKETBALL TEAM TO NATIONAL ATHLETIC RECOGNITION.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 631 -- Senator Short: A CONCURRENT RESOLUTION CONGRATULATING THE CHESTER HIGH SCHOOL LADY CYCLONES ON WINNING THE 1993 GIRLS BASKETBALL STATE CHAMPIONSHIP.

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

S. 632--ADOPTED AND SENT TO THE SENATE

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

S. 632 -- Senators Holland, Moore, Courtney and Jackson: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 14, 1993, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR TO THE MEMBER OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION FROM THE FOURTH CONGRESSIONAL DISTRICT FOR AN UNEXPIRED TERM WHICH WILL EXPIRE IN 1994.

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

That the Senate and the House of Representatives meet in joint assembly in the Hall of the House of Representatives on Wednesday, April 14, 1993, at 12:00 noon, for the purpose of electing a successor to the member of the South Carolina Public Service Commission from the Fourth Congressional District so as to fill an unexpired term which will expire in 1994.

Rep. FARR moved to adjourn debate upon the Resolution.

Rep. LITTLEJOHN moved to table the motion, which was agreed to by a division vote of 32 to 13.

The question then recurred to the adoption of the Resolution.

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

INTRODUCTION OF BILLS

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

H. 3852 -- Reps. Davenport, Allison, Wells, Walker, Littlejohn and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-5-69 SO AS TO REQUIRE AGENCIES AND OFFICES OF STATE, COUNTY, AND MUNICIPAL GOVERNMENT THAT ISSUE LICENSES TO ENGAGE IN PROFESSIONS, TRADES, OR BUSINESSES TO PROVIDE LICENSEE INFORMATION TO THE STATE DEPARTMENT OF SOCIAL SERVICES FOR THE PURPOSE OF ESTABLISHING AND ENFORCING CHILD SUPPORT OBLIGATIONS; TO REQUIRE THESE AGENCIES AND OFFICES AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD TO SUSPEND THE LICENSE OF A PERSON WHO IS IN AT LEAST TWO MONTHS' ARREARS IN CHILD SUPPORT PAYMENTS; TO PROVIDE REQUIREMENTS FOR REINSTATEMENT; AND TO PROVIDE FOR APPEALS.

Referred to Committee on Judiciary.

H. 3853 -- Reps. Cobb-Hunter, Govan, Inabinett, Whipper, Harrelson, Breeland, McElveen, Moody-Lawrence, Keyserling, Beatty, McMahand and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-1-60 SO AS TO REQUIRE THAT STATE AND LOCAL GOVERNMENTAL AGENCIES AND POLITICAL SUBDIVISIONS HOLDING TITLE TO AND DISPOSING OF RESIDENTIAL REAL PROPERTY SET ASIDE AT LEAST TWENTY PERCENT OF THIS PROPERTY FOR PURCHASE BY PUBLIC OR PRIVATE NONPROFIT CORPORATIONS PROVIDING HOUSING TO VERY LOW AND LOWER INCOME HOUSEHOLDS.

Referred to Committee on Judiciary.

H. 3854 -- Reps. Cobb-Hunter, Waites, Govan, Inabinett, Whipper, Jaskwhich, Jennings, Davenport, McMahand, Moody-Lawrence and Keyserling: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM AD VALOREM TAXES, SO AS TO PROVIDE AN EXEMPTION FOR REAL PROPERTY PROVIDING HOUSING THAT QUALIFIES FOR FEDERAL HOUSING AND URBAN DEVELOPMENT LOW INCOME SUBSIDIES.

Referred to Committee on Ways and Means.

H. 3855 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1235 SO AS TO PROHIBIT TINTING OR CHANGING THE COLOR OF A MOTOR VEHICLE LICENSE PLATE OR REVALIDATION STICKER AND TO PROVIDE PENALTIES.

Referred to Committee on Education and Public Works.

H. 3856 -- Reps. Houck, G. Bailey, McKay, Harwell, Wilkins, Jaskwhich, Stuart, Koon, Rogers, McTeer, Snow, Hines, Chamblee, Witherspoon, Kirsh and D. Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE LEASE-PURCHASE OR LEASE-BACK AGREEMENTS INVOLVING REAL PROPERTY ENTERED INTO BY THE STATE OR POLITICAL SUBDIVISIONS OF THE STATE WHEREIN THE STATE OR POLITICAL SUBDIVISION IS THE LESSEE CONSTITUTES GENERAL OBLIGATION DEBT FOR THE PERIOD OF THE LEASE AND TO PROVIDE THAT THIS GENERAL OBLIGATION DEBT MAY NOT VIOLATE THE CONSTITUTIONAL DEBT LIMITATIONS APPLICABLE TO THE STATE OR POLITICAL SUBDIVISION UNDER ARTICLE X OF THE STATE CONSTITUTION.

Referred to Committee on Ways and Means.

H. 3857 -- Reps. Harvin, Felder, Keegan, Stuart, G. Brown, Meacham, Wells, Govan, Neilson, Simrill, Elliott, Askins, Hines, Rhoad, Carnell, Moody-Lawrence, Stone, Kirsh, Mattos, Gamble, T.C. Alexander, Anderson, Stille, Wilkes, Hutson, Chamblee, Harrelson, H. Brown, Klauber, Kelley, Phillips, Wofford, Law, Witherspoon, Gonzales, Lanford, Williams, Townsend, Koon, D. Wilder, McTeer and McAbee: A BILL TO PROVIDE A PROCEDURE WHEREBY ANY MUNICIPAL FIRE DEPARTMENT, FIRE DISTRICT, FIRE PROTECTION AGENCY, OR OTHER EMERGENCY SERVICE ENTITY MAY PROVIDE MUTUAL AID ASSISTANCE, UPON REQUEST, FROM ANY OTHER MUNICIPAL FIRE DEPARTMENT, FIRE DISTRICT, FIRE PROTECTION AGENCY, OR OTHER EMERGENCY SERVICE DELIVERY SYSTEM IN SOUTH CAROLINA AT THE TIME OF A SIGNIFICANT INCIDENT SUCH AS FIRE, EARTHQUAKE, OR HURRICANE.

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

H. 3858 -- Reps. Harvin, Waites, Stone, G. Brown, Cromer, Wells, Hines, Simrill, Elliott, Neilson, Canty, Felder, J. Brown, Gamble, Wright, Riser, Govan, Quinn, Law, Rhoad, Snow, Shissias, Hutson, Fair, H. Brown, Harrelson, Phillips, Klauber, Williams, Wofford, Gonzales and Witherspoon: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 SO AS TO ENACT THE MEDICAL RADIATION HEALTH AND SAFETY ACT; TO CREATE THE SOUTH CAROLINA RADIOLOGIC TECHNOLOGISTS BOARD OF EXAMINERS; TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO ESTABLISH LICENSING REQUIREMENTS, PENALTIES, AND FEES.

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

H. 3859 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO CRITERIA FOR PHYSICIAN SUPERVISION OF NURSES IN THE EXTENDED ROLE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1546, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3860 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO PROFESSIONAL PRACTICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1602, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3861 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CORRECTIONS, RELATING TO SHOCK INCARCERATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1529, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3862 -- Rep. Simrill: A BILL TO AMEND SECTION 62-5-501, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROBATE CODE AND POWERS OF ATTORNEY, SO AS TO PROVIDE THAT A CONVEYANCE, TRANSFER, OR GIFT IN THE NAME OF A PRINCIPAL BY THE ATTORNEY IN FACT FOR THE EXCLUSIVE BENEFIT OF THE ATTORNEY IN FACT OR HIS IMMEDIATE FAMILY MEMBERS SHALL BE CONSTRUED AS A PRIMA FACIE VIOLATION OF THE FIDUCIARY DUTY OWED BY THE ATTORNEY IN FACT TO THE PRINCIPAL, PROVIDE FOR THE BURDEN OF PROOF AND STANDARD OF EVIDENCE FOR OVERCOMING THE PRESUMPTION OF THE PRIMA FACIE VIOLATION, AND TO PROHIBIT AND DISALLOW A TRANSACTION CONDUCTED BY AN ATTORNEY IN FACT FOR THE EXCLUSIVE BENEFIT OF THE ATTORNEY IN FACT OR HIS HEIRS AT LAW ON BEHALF OF AN INCAPACITATED PRINCIPAL.

Referred to Committee on Judiciary.

H. 3863 -- Rep. Phillips: A BILL TO AMEND SECTION 59-127-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY, SO AS TO FURTHER PROVIDE FOR THE TERMS OF MEMBERS OF THE BOARD AND THE MANNER IN WHICH THEY ARE ELECTED.

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

H. 3864 -- Reps. Meacham, Wofford, Simrill, Vaughn and A. Young: A JOINT RESOLUTION TO PROVIDE THAT OVER A PERIOD OF FIVE YEARS, BEGINNING IN THE FALL OF 1993, STATE COLLEGES, UNIVERSITIES, AND TECHNICAL COLLEGES SHALL INCREASE TUITION AND FEES FOR OUT-OF-STATE UNDERGRADUATE STUDENTS TO ELIMINATE EIGHTY PERCENT OF THE UNDERGRADUATE STATE GENERAL FUND SUBSIDIES TO OUT-OF-STATE STUDENTS ATTENDING THESE INSTITUTIONS AND TO PROVIDE THAT THE INCREASE IN REVENUE BE USED TO LOWER THE TUITION AND FEES OF IN-STATE UNDERGRADUATE STUDENTS.

Referred to Committee on Education and Public Works.

H. 3866 -- Rep. McTeer: A BILL TO AMEND SECTION 7-7-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN HAMPTON COUNTY SO AS TO CHANGE THE POLLING PLACE AT THE BRUNSON PRECINCT FROM THE BRUNSON TOWN HALL TO THE OLD BRUNSON FIRE STATION.

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

S. 355 -- Senators Martin, Giese and J. Verne Smith: A BILL TO AMEND SECTION 41-15-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT WHEN AN INDUSTRIAL ACCIDENT OR CATASTROPHIC RELEASE OCCURS WHICH MUST BE REPORTED TO THE COMMISSIONER OF LABOR, THE EMPLOYER SHALL PREVENT THE DESTRUCTION, ALTERATION, OR REMOVAL OF ANY ITEMS, DOCUMENTS, OR EQUIPMENT FROM THE WORKSITE UNLESS THE PRIOR APPROVAL OF THE COMMISSIONER OF LABOR OR HIS DESIGNATED REPRESENTATIVE HAS BEEN OBTAINED; TO AMEND SECTION 41-15-280 OF THE 1976 CODE, SO AS TO PROVIDE AN EXCEPTION TO THE PROHIBITION THAT A CITATION MAY NOT BE ISSUED UNDER THIS SECTION AFTER THE EXPIRATION OF SIX MONTHS FOLLOWING THE OCCURRENCE OF ANY VIOLATION BY PROVIDING THAT A CITATION MAY BE ISSUED NO MORE THAN ONE YEAR FOLLOWING THE OCCURRENCE OF A VIOLATION WHICH IS DISCOVERED DURING THE INVESTIGATION OF AN INDUSTRIAL ACCIDENT OR CATASTROPHIC RELEASE WHICH MUST BE REPORTED TO THE COMMISSIONER OF LABOR; AND TO AMEND SECTION 42-19-40 OF THE 1976 CODE, SO AS TO PROVIDE THAT SUCH RECORDS OF THE COMMISSION, WHICH ARE NOT OPEN TO THE PUBLIC, INSOFAR AS THEY REFER TO ACCIDENTS, INJURIES, AND SETTLEMENTS, MAY BE INSPECTED BY OTHER STATE AGENCIES SATISFYING THE COMMISSION OF THEIR INTEREST IN SUCH RECORDS AND OF THE RIGHT TO INSPECT THEM.

Referred to Committee on Labor, Commerce and Industry.

S. 443 -- Senators Richter, Rose, Giese and Reese: A BILL TO AMEND SECTION 30-4-40(a)(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN MATTERS DECLARED EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT INFORMATION CONTAINED IN PUBLIC DOCUMENTS OR RECORDS OF A PERSONAL NATURE MAY NOT BE DISCLOSED FOR COMMERCIAL SOLICITATION.

Referred to Committee on Judiciary.

S. 597 -- Senator Saleeby: A JOINT RESOLUTION TO REQUIRE THE SOUTH CAROLINA CHIEF INSURANCE COMMISSIONER TO SOLICIT AN INVITATION FOR BIDS FOR ANY AND ALL SERVICES USED OR PAID FOR BY THE SOUTH CAROLINA REINSURANCE FACILITY AND TO CONDUCT CERTAIN AUDITS AND REPORT THE RESULTS TO THE GENERAL ASSEMBLY.

Referred to Committee on Labor, Commerce and Industry.

S. 609 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, RELATING TO AMUSEMENT RIDES SAFETY CODE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1571, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Labor, Commerce and Industry.

S. 610 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTIONS 40-59-70, 40-59-77, 40-59-80, 40-59-90, 40-59-100, 40-59-110, 40-59-130, 40-59-140, 40-59-160, ALL AS AMENDED, AND SECTIONS 40-59-75 AND 40-59-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO RESIDENTIAL HOME BUILDERS, SO AS TO ESTABLISH A FEE SCHEDULE UNTIL THE GENERAL ASSEMBLY APPROVES THE FEES BY REGULATION; DELETE THE AUTHORITY OF THE RESIDENTIAL BUILDERS COMMISSION TO CERTIFY A RESIDENTIAL SPECIALTY CONTRACTOR; REQUIRE THAT A RESIDENTIAL SPECIALTY CONTRACTOR POST A BOND IF THE COST OF THE UNDERTAKING EXCEEDS FIVE THOUSAND DOLLARS, AND PROVIDE FOR RECIPROCITY FOR A RESIDENTIAL BUILDER'S LICENSE TO THOSE BUILDERS IN GOOD STANDING IN OTHER STATES.

Referred to Committee on Labor, Commerce and Industry.

S. 611 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, RELATING TO PROCEDURES FOR HEARING CHILD LABOR ACT ADMINISTRATIVE APPEALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1642, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Labor, Commerce and Industry.

S. 612 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, RELATING TO SAFETY STANDARDS FOR ELEVATOR FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1570, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Labor, Commerce and Industry.

S. 613 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, RELATING TO PROCEDURES FOR HEARING PAYMENT OF WAGES ADMINISTRATIVE APPEALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1613, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Labor, Commerce and Industry.

S. 614 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-55-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PRESENTING OF A FALSE CLAIM FOR PAYMENT TO AN INSURER TRANSACTING BUSINESS IN THIS STATE, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION ALSO APPLY TO FALSE CLAIMS FOR PAYMENT MADE TO HEALTH MAINTENANCE ORGANIZATIONS AND ANY PERSON INCLUDING THE STATE OF SOUTH CAROLINA PROVIDING BENEFITS FOR HEALTH CARE IN THIS STATE.

Referred to Committee on Labor, Commerce and Industry.

S. 615 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEXTBOOK ADOPTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1592, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 616 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO THE SOUTH CAROLINA TEACHER LOAN PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1506, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

CONCURRENT RESOLUTION

The following was introduced:

H. 3865 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF ROBERT W. WILKES, SR., OF DUNCAN AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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.        Alexander, T.C.        Allison
Anderson               Askins                 Bailey, G.
Bailey, J.             Baxley                 Boan
Breeland               Brown, G.              Brown, H.
Brown, J.              Byrd                   Canty
Carnell                Cato                   Chamblee
Clyborne               Cobb-Hunter            Cooper
Corning                Cromer                 Davenport
Delleney               Fair                   Farr
Felder                 Fulmer                 Gamble
Govan                  Hallman                Harrell
Harrelson              Harris, J.             Harris, P.
Harrison               Harvin                 Haskins
Hines                  Hodges                 Holt
Houck                  Hutson                 Inabinett
Jaskwhich              Jennings               Keegan
Kelley                 Kennedy                Keyserling
Kinon                  Kirsh                  Klauber
Koon                   Lanford                Law
Littlejohn             Marchbanks             Mattos
McAbee                 McCraw                 McKay
McLeod                 McMahand               McTeer
Meacham                Neal                   Neilson
Phillips               Quinn                  Rhoad
Richardson             Riser                  Robinson
Rogers                 Rudnick                Scott
Sharpe                 Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Snow                   Spearman               Stille
Stoddard               Stone                  Stuart
Thomas                 Townsend               Trotter
Tucker                 Vaughn                 Waites
Waldrop                Walker                 Wells
Whipper                White                  Wilder, D.
Wilder, J.             Wilkes                 Wilkins
Williams               Witherspoon            Wofford
Wright                 Young, A.              Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, April 6.

Bessie Moody-Lawrence             Harold G. Worley
Stephen E. Gonzales               Robert A. Barber, Jr.
Morgan Martin                     Donald W. Beatty
Lindsey O. Graham                 B. Hicks Harwell
Joseph T. McElveen, Jr.           C. Lenoir Sturkie
Dell Baker
Total Present--122

STATEMENT OF ATTENDANCE

Rep. J. BROWN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, March 25.

POINT OF PRIVILEGE OF THE HOUSE

Rep. RICHARDSON arose to a point of privilege of the House.

ORDERED TO THIRD READING

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

H. 3842 -- Reps. Stuart, Koon, Riser, Spearman and Sturkie: A BILL TO PROVIDE THAT OF THE MEMBERS OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT 1 ELECTED IN 1994, ONE MUST BE A RESIDENT OF THE PELION SCHOOL ATTENDANCE AREA AND ANOTHER MUST BE A RESIDENT OF THE GILBERT SCHOOL ATTENDANCE AREA, TO REQUIRE THEIR SUCCESSORS TO ALSO BE RESIDENTS OF THESE SCHOOL ATTENDANCE AREAS, AND TO AUTHORIZE THE ENTITY CHARGED WITH CONDUCTING THESE TRUSTEE ELECTIONS TO REQUIRE THAT PROOF OF RESIDENCY IN THESE ATTENDANCE AREAS AS IT CONSIDERS NECESSARY.

H. 3030--ORDERED TO THIRD READING

The following Bill was taken up.

H. 3030 -- Rep. J. Bailey: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE CHARLESTON SCHOOL DISTRICT AND THE MANNER IN WHICH THE ANNUAL TAX MILLAGE FOR THE DISTRICT IS DETERMINED, SO AS TO REVISE THIS PROCEDURE INCLUDING PROVISIONS TO REQUIRE THE COUNTY COUNCIL TO APPROVE ANY MILLAGE IN EXCESS OF NINETY MILLS FOR A PARTICULAR YEAR.

Rep. WHIPPER demanded the yeas and nays on the passage of the Bill on second reading, which were taken resulting as follows:

Yeas 6; Nays 5

Those who voted in the affirmative are:

Bailey, J.             Fulmer                 Hallman
Harrell                Hutson                 Young, R.

Total--6

Those who voted in the negative are:

Barber                 Breeland               Holt
Inabinett              Whipper

Total--5

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

H. 3031--ORDERED TO THIRD READING

The following Bill was taken up.

H. 3031 -- Rep. J. Bailey: A BILL TO AMEND ACT 452 OF 1973, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SUBSTANCE ABUSE COMMISSION, SO AS TO PROVIDE THAT MEMBERS ARE APPOINTED UPON RECOMMENDATION OF THE COUNTY COUNCIL RATHER THAN RECOMMENDATION OF THE COUNTY DELEGATION.

Rep. WHIPPER demanded the yeas and nays on the passage of the Bill on second reading, which were not ordered.

The Bill was read the second time and ordered to third reading by a division vote of 6 to 4.

H. 3733--ORDERED TO THIRD READING

The following Bill was taken up.

H. 3733 -- Reps. Gonzales, Hallman, Fulmer, Harrell, Hutson, J. Bailey and R. Young: A BILL TO PROVIDE PROCEDURES FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS IN THE GOVERNING BODY OF CHARLESTON COUNTY WHICH ARE NOT A PART OF A STATEWIDE SYSTEM ESTABLISHED AND PROVIDED BY A CODIFIED, GENERAL LAW OR THE CONSTITUTION OF THIS STATE.

Rep. WHIPPER demanded the yeas and nays on the passage of the Bill on second reading, which were not ordered.

The Bill was read the second time and ordered to third reading by a division vote of 7 to 4.

SENT TO THE SENATE

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

H. 3607 -- Rep. Hodges: A BILL TO AMEND SECTION 23-24-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF UNIFORMS AND WEAPONS BY UNIFORMED LAW ENFORCEMENT OFFICERS, SO AS TO EXTEND THE AUTHORIZATIONS IN THE SECTION TO RESERVE POLICE OFFICERS, AS DEFINED IN SECTION 23-28-10.

H. 3801 -- Rep. Hodges: A BILL TO AMEND SECTION 9-8-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO REENACT THE PROVISIONS OF ACT 43 OF 1985 ALLOWING A BENEFICIARY RETURNING TO SERVICE AS A MEMBER OF THE GENERAL ASSEMBLY TO CONTINUE TO RECEIVE BENEFITS UPON FILING A STATEMENT WITH THE STATE BUDGET AND CONTROL BOARD ELECTING NOT TO PARTICIPATE IN THE GENERAL ASSEMBLY RETIREMENT SYSTEM AND TO MAKE THIS PROVISION RETROACTIVE TO ITS ORIGINAL EFFECTIVE DATE.

H. 3615--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3615 -- Reps. Allison, G. Bailey, Haskins, Littlejohn, Jaskwhich, Harrison, Shissias, Wells, R. Smith, Neal, Farr, Walker, Davenport, Beatty, Cooper, Sturkie, Stone, Hutson, Robinson, Riser, Byrd, Stoddard, Thomas, Lanford, D. Smith, Phillips, D. Wilder and Snow: A BILL TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION FOR THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, SO AS TO PROVIDE THAT THE GOVERNING BODY OF SUCH A DISTRICT MAY RECEIVE IN MILEAGE AND SUBSISTENCE EXPENSES AMOUNTS NOT EXCEEDING THOSE ALLOWED BY LAW FOR STATE BOARDS, COMMITTEES, AND COMMISSIONS; AND TO ALLOW THE GOVERNING BODY TO ESTABLISH A PER DIEM NOT TO EXCEED ONE HUNDRED DOLLARS.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5723HC.93), which was adopted.

Amend the bill, as and if amended, by striking Section 6-11-91, as contained in SECTION 1, page 1, and inserting:

/Section 6-11-91.     Notwithstanding any other provision of law The governing body of any a public service district or special purpose district may by resolution or ordinance may fix or change the compensation or other benefits including insurance benefits for the members of the district governing body subject to the following limitations:

(1)     mileage may not exceed that allowed by law for members of state boards, committees, and commissions;

(2)     subsistence may not exceed one hundred dollars;

(3)     insurance benefits may not exceed those provided state employees; and

(4)     per diem may not exceed thirty-five dollars a day. Compensation shall not exceed the amounts authorized for mileage for members of state boards, committees and commissions, insurance benefits shall not exceed those provided for state employees and per diem shall not exceed thirty-five dollars a day./

Amend title and totals to conform.

Rep. LANFORD explained the amendment.

The amendment was then adopted.

Rep. LANFORD proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\5741HC.93), which was adopted.

Amend the bill, as and if amended, by striking Section 6-11-91, as contained in SECTION 1, page 1, and inserting:

/Section 6-11-91.     Notwithstanding any other provision of law The governing body of any a public service district or special purpose district may by resolution or ordinance may fix or change the compensation or other benefits including insurance benefits for the members of the district governing body subject to the following limitations:

(1)     mileage may not exceed that allowed by law for members of state boards, committees, and commissions;

(2)     subsistence may not exceed one hundred dollars; and

(3)     per diem may not exceed thirty-five dollars a day. Compensation shall not exceed the amounts authorized for mileage for members of state boards, committees and commissions, insurance benefits shall not exceed those provided for state employees and per diem shall not exceed thirty-five dollars a day./

Amend title and totals 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.

H. 3493--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3493 -- Reps. Neilson, Sturkie, Holt, Hines, G. Brown, Law, Hutson, McLeod, Shissias, Littlejohn, Walker, Beatty, Canty, Davenport, Gonzales, Chamblee, Vaughn, McMahand, Allison, Rudnick, Inabinett, Barber, Stone, Fair, M.O. Alexander, Stille and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-731 SO AS TO PROVIDE FOR THE REMOVAL OF PERSONS FROM THE YOUTHFUL DRIVER CLASSIFICATION UNDER CERTAIN CIRCUMSTANCES FOR THE PURPOSES OF AUTOMOBILE INSURANCE, AND PROVIDE FOR THEIR RECLASSIFICATION AND FOR THE REFUNDING OF EXCESS PREMIUMS.

The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10437JM.93), which was adopted.

Amend the bill, as and if amended, by striking SECTION 2 and inserting:

/SECTION     2.     This act takes effect October 1, 1993, for renewal business or new business written on or after that date./

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.

S. 114--DEBATE ADJOURNED

Rep. T.C. ALEXANDER moved to adjourn debate upon the following Bill until Wednesday, April 7, which was adopted.

S. 114 -- Senators Giese, Passailaigue, Leventis, Gregory, Lander, Martin, Moore, Richter, Rose, Waldrep, Glover, Reese, Rankin and Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-737 SO AS TO PROVIDE THAT AUTOMOBILE LIABILITY AND COLLISION INSURANCE RATES ARE SUBJECT TO A CREDIT IF AN INSURED HAS PASSED AN APPROVED DRIVER TRAINING COURSE.

ORDERED TO THIRD READING

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

H. 3239 -- Rep. Snow: A BILL TO REPEAL SECTION 50-11-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING, FISHING, OR TRAPPING ON LAND WITHOUT CONSENT.

Rep. SNOW explained the Bill.

H. 3257 -- Rep. Snow: A BILL TO AMEND SECTION 50-11-1440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COMMERCIAL QUAIL BREEDERS LICENSE, SO AS TO CHANGE THE TIME DURING WHICH A LICENSE IS EFFECTIVE.

Rep. SNOW explained the Bill.

H. 3276 -- Rep. Snow: A BILL TO AMEND SECTION 50-13-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPORTATION, POSSESSION, OR SALE OF CERTAIN UNLAWFUL FISH SPECIES, SO AS TO INCLUDE RUDD (SCARDINIUS ERYTHROPHTALMU-LINNEAUS).

Rep. SNOW explained the Bill.

H. 3451 -- Reps. Riser, Snow, Shissias, Corning and Witherspoon: A BILL TO AMEND SECTION 46-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPERIMENTAL STATIONS FOR FARM DEMONSTRATION AND TESTING WORK, SO AS TO PROVIDE FOR THE STATIONS TO ENGAGE IN FARM RESEARCH AS AN INTEGRAL PART OF THEIR MISSION.

Rep. RISER explained the Bill.

H. 3583 -- Rep. Rhoad: A BILL TO AMEND SECTION 50-11-2480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS EXEMPTED FROM THE REQUIREMENTS OF A FUR DEALER, BUYER, AND PROCESSOR'S LICENSE, SO AS TO INCLUDE PERMITTED PERSONS WHO OWN A FOX HUNTING ENCLOSURE UNDER CERTAIN CONDITIONS; AND TO REPEAL SECTION 50-11-2580 RELATING TO EXCEPTIONS FROM WILDLIFE AND MARINE RESOURCES DEPARTMENT REQUIREMENTS FOR PERSONS WHO OWN A FOX HUNTING ENCLOSED PRESERVE OR PUP TRAINING FACILITY.

Rep. RHOAD explained the Bill.

S. 374 -- Fish, Game & Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO ONE-QUARTER MILE OFF-SHORE LINE AND TAKING AMERICAN EELS AND CATFISH IN CERTAIN WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1589, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3355 -- Rep. Hodges: A BILL TO AMEND SECTION 33-15-103, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A FOREIGN CORPORATION'S CERTIFICATE OF AUTHORITY TO TRANSACT BUSINESS IN THIS STATE, SO AS TO DELETE THE REQUIREMENT THAT THE APPLICATION FOR THE CERTIFICATE MUST BE SIGNED BY AN ATTORNEY LICENSED TO PRACTICE IN THIS STATE.

H. 3385 -- Rep. Cromer: A BILL TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, METHODS OF NOMINATION, AND QUALIFICATIONS TO RUN AS A CANDIDATE IN GENERAL ELECTIONS, SO AS TO DELETE THE PROVISIONS RELATING TO CANDIDATES SEEKING NOMINATION BY PETITION; AND TO AMEND SECTION 7-13-190, AS AMENDED, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO PROVIDE FOR A SEPARATE FILING PERIOD FOR CANDIDATES SEEKING NOMINATION BY PETITION IN PARTISAN ELECTIONS, AND CHANGE A CODE REFERENCE.

Rep. HODGES explained the Bill.

S. 3 -- Senator Williams: A BILL TO AMEND SECTION 14-7-200, AS AMENDED, AND SECTION 14-7-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF PETIT JURORS THE JURY COMMISSIONERS ARE REQUIRED TO DRAW AND SUMMON, SO AS TO PROVIDE THAT THE JURY COMMISSIONERS SHALL DRAW AND SUMMON AT LEAST SEVENTY-FIVE JURORS BUT THAT THE CHIEF ADMINISTRATIVE JUDGE OR THE PRESIDING JUDGE OF THAT CIRCUIT MAY INCREASE OR DECREASE THE NUMBER OF JURORS DRAWN AND SUMMONED; HOWEVER, AT LEAST SEVENTY-FIVE JURORS MUST BE DRAWN AND SUMMONED.

S. 56 -- Senator Bryan: A BILL TO AMEND SECTION 44-13-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMISSION AND COMMITMENT FORMS TO BE KEPT BY PROBATE JUDGES, SO AS TO ADD REFERENCES TO CHAPTERS REQUIRING THESE FORMS.

S. 344 -- Senator Saleeby: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING 41-35-115, RELATING TO THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW AND THE CONDITIONS OF ELIGIBILITY FOR UNEMPLOYMENT BENEFITS, SO AS TO PROVIDE THAT NO INDIVIDUAL OTHERWISE ELIGIBLE SHALL BE DENIED BENEFITS WITH RESPECT TO ANY WEEK IN WHICH HE IS REQUIRED BY LAW TO APPEAR IN COURT AS A WITNESS OR TO SERVE AS A JUROR.

S. 438 -- Judiciary Committee: A BILL TO AMEND SECTION 14-1-215(B), CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, 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 REQUIRE THAT EXCEPT AS PROVIDED FOR RETIRED JUDGES, PRIOR TO ANY PERSON BEING APPOINTED OR ELECTED TO SERVE AS A FAMILY COURT JUDGE, THAT PERSON MUST BE SCREENED IN THE MANNER PROVIDED BY LAW AND FOUND QUALIFIED TO SERVE.

Rep. HODGES explained the Bill.

H. 3825 -- 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 AND STANDARDS (TRIENNIAL REVIEW), DESIGNATED AS REGULATION DOCUMENT NUMBER 1565, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WILKES explained the Joint Resolution.

H. 3826 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO PARR HYDROELECTRIC PROJECT FISH AND GAME MANAGEMENT AREA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1590, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. SNOW explained the Joint Resolution.

H. 3827 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOIL CLASSIFIERS BOARD OF REGISTRATION, RELATING TO AMENDING SOIL CLASSIFIERS' REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1614, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. RISER explained the Joint Resolution.

H. 3271--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3271 -- Reps. McKay, Jennings and Askins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-87 SO AS TO PROHIBIT A PERSON FROM OPERATING A VESSEL WITHIN FIFTY FEET OF ANOTHER VESSEL OR DIVER DISPLAYING A DIVER DOWN FLAG TO PROVIDE THE CONDITIONS WHICH MUST EXIST FOR THE PROHIBITION TO EXIST AND PROVIDE EXCEPTIONS.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8982BD.93), which was adopted.

Amend the bill, as and if amended, Section 50-21-87(A), SECTION 1, line 25, by striking /or/ and inserting /when a / and after /driver/ by inserting /is/ so that when amended subsection (A) reads:

/(A)     A person may not operate a vessel within fifty feet of another vessel when a diver is displaying a diver down flag (red with a diagonal white stripe) to mark the location of the diver. When the flag is being displayed in a water body too narrow to allow passage of another vessel other than within fifty feet, a vessel operator may proceed only past the displayed flag at a no-wake speed and allowing as much clearance between his vessel and the displayed flag as is safe and practical./

Amend title to conform.

Rep. SNOW explained the amendment.

The amendment was then adopted.

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

H. 3492--POINT OF ORDER

The following Joint Resolution was taken up.

H. 3492 -- Reps. Neilson, G. Bailey, Farr, Stone, R. Smith, Hines, Wilkins, Shissias, J. Wilder, Jaskwhich, Simrill, Harrelson, Wells, Vaughn, Walker, Davenport, Littlejohn, Haskins, Hutson, Moody-Lawrence, Fair, Allison, and Marchbanks: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA COURT ADMINISTRATION TO DEVELOP A GUIDELINES AND PROCEDURES MANUAL FOR COURT-APPOINTED GUARDIANS AD LITEM AND TO PROVIDE FOR ITS CONTENTS AND DISTRIBUTION.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

H. 3553--POINT OF ORDER

The following Bill was taken up.

H. 3553 -- Reps. Hodges, Martin and Clyborne: A BILL TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO REQUIRE ALL MAGISTRATES TO COMPLETE A TRAINING PROGRAM OR PASS CERTIFICATION OR RECERTIFICATION EXAMINATIONS, OR BOTH, PURSUANT TO STANDARDS ESTABLISHED BY THE SOUTH CAROLINA SUPREME COURT, TO PROVIDE THE PERIOD WITHIN WHICH MAGISTRATES MUST COMPLETE THESE REQUIREMENTS, AND TO PROVIDE IF MAGISTRATES DO NOT COMPLY WITH THE PROVISIONS OF THIS SECTION THEIR OFFICE IS DECLARED VACANT AFTER NOTIFICATION BY THE SUPREME COURT.

Rep. HODGES explained the Bill.

POINT OF ORDER

Rep. HOLT 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 statewide day.

The SPEAKER sustained the Point of Order.

S. 304--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

S. 304 -- Senators Leatherman, Moore, J. Verne Smith, Leventis and Drummond: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 206 OF 1989, RELATING TO APPROPRIATING MONIES FROM THE CAPITAL RESERVE FUND FOR 1988-89, SO AS TO CHANGE THE AUTHORIZATION FOR EDUCATIONAL TELEVISION.

Reps. WORLEY, BOAN and CARNELL proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\WWW\30084DW.93), which was adopted.

Amend the joint resolution, as and if amended, by adding an appropriately numbered section to read:

/SECTION _______.     Subitem 26 (Coastal Council) of Item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 522 of 1992 is further amended by adding at the end:

"Any funds in excess to those needed for the Folly Beach Restoration Project, as determined by the United States Corps of Engineers, shall revert to the Coastal Council to be disbursed in their discretion for other beach restoration projects. Priority will be given to projects already permitted as of January 1, 1993. To qualify for a beach restoration project pursuant to the provisions of this section, the local area must provide twenty percent of the total funds necessary for the completion of the project."/

Renumber sections to conform.

Amend title to conform.

Rep. BOAN explained the Senate amendment.

The amendment was then adopted.

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

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. 3833 -- Rep. Meacham: A CONCURRENT RESOLUTION COMMENDING THE TOWN OF FORT MILL IN YORK COUNTY UPON ITS PILOT PROGRAM TO START CURBSIDE RECYCLING EFFORTS AND TO ENCOURAGE ALL RESIDENTS OF WHITEVILLE PARK TO ACTIVELY PARTICIPATE.

H. 3847 -- Reps. Waites, J. Brown, Byrd, Corning, Cromer, Harrison, Neal, Quinn, Rogers, Scott and Shissias: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF JOHN R. T. "BOB" MAJOR, RICHLAND COUNTY CLERK OF COURT, WHO DIED MARCH 9, 1993.

H. 3849 -- Reps. Kelley, Keegan, Martin, Snow, Witherspoon and Worley: A CONCURRENT RESOLUTION TO CONGRATULATE TONY DUNKIN, STUDENT AND OUTSTANDING ATHLETE AT COASTAL CAROLINA COLLEGE, FOR HIS BASKETBALL ACCOMPLISHMENTS.

H. 3850 -- Reps. Kelley, Keegan, Martin, Snow, Witherspoon and Worley: A CONCURRENT RESOLUTION TO CONGRATULATE THE COASTAL CAROLINA COLLEGE BASKETBALL TEAM FOR BEING THE WINNINGEST TEAM IN BIG SOUTH HISTORY IN CONFERENCE PLAY.

H. 3851 -- Reps. Kelley, Keegan, Martin, Snow, Witherspoon and Worley: A CONCURRENT RESOLUTION TO CONGRATULATE COACH RUSS BERGMAN FOR HIS OUTSTANDING COACHING ABILITIES IN LEADING THE COASTAL CAROLINA COLLEGE BASKETBALL TEAM TO NATIONAL ATHLETIC RECOGNITION.

H. 3865 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF ROBERT W. WILKES, SR., OF DUNCAN AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

ADJOURNMENT

At 12:55 P.M. the House in accordance with the motion of Rep. RISER adjourned in memory of Voigt Kleckley, to meet at 10:00 A.M. tomorrow.

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