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

WEDNESDAY, FEBRUARY 16, 1994

Wednesday, February 16, 1994
(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:

Possess us, Lord, with such a measure of virtues to be a blessing not only now but for the days ahead, such virtues as: in society, make us courteous; in work, make us thorough; in play, keep us fair; to the unfortunate, give us pity; to the weak, give us the ability to help; and toward God, it is reverence and love.

All along life's way, may we "seek first the Kingdom of God and His righteousness," doing good as we go knowing that good deeds are like a river, the deeper it flows the less noise it makes.

In Your Holy Name we pray. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. BREELAND moved that when the House adjourns, it adjourn in memory of Eugene C. Hunt, retired educator of Charleston, which was agreed to.

INVITATIONS

The following were received and referred to the Committee on Invitations and Memorial Resolutions.

September 28, 1993
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

On behalf of the York County Council of Chambers and the "York County Day" Planning Committee, I would like to extend a cordial invitation to the members of the S.C. House to attend the annual York County Day reception from 6:00 P.M. until 8:00 P.M. on Tuesday, March 1, 1994, at the Columbia Marriott.

Event staff person, Rob Youngblood of the Rock Hill Chamber of Commerce, has previously requested this date through Ms. Collett Murray of your office. We realize that Committee approval is pending, however we would appreciate a brief written notice of receipt for this request and an approximate date that the Committee might address the request.

We appreciate the Committee's cooperation and helpfulness in coordinating this event in past years, and we look forward to hearing from you concerning the 1994 York County Day.

Should you have any questions, please contact Rob Youngblood at 324-7500.

Sincerely,
Carolyn Carpenter
Event Chairwoman

January 26, 1993
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

I am writing to ask that the annual South Carolina Chapter of the National Association of Social Workers' Legislative Reception be placed on the Calendar for Wednesday, March 2, 1994, from 6:00 P.M. to 9:00 P.M. The Reception will be held in the Marriott Hotel; 1200 Hampton Street at Main.

Thank you for your attention to this request.

Sincerely,
Jim Manning
President

January 17, 1994
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

On behalf of the 9,000 members of the South Carolina Association of REALTORS, I would like to invite the members of the House of Representatives to our annual Mid-Day Legislative Reception on Wednesday, March 9, 1994, at the Marriott Hotel immediately after you recess for lunch.

The reception is held in conjunction with "Capitol Conference 1994", our annual legislative convention where REALTORS from across the state attend seminars for half the day and conclude with visits to the General Assembly and the reception.

We look forward to having the members of the House of Representatives join us.

Sincerely,
James R. Peters, CAE, RCE
Executive Vice President

December 13, 1993
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

The National Association of Credit Managers; Carolinas Inc. would like to invite the South Carolina General Assembly and staff to a reception in their honor, Wednesday, March 9, 1994, from 6:00 P.M. till 8:00 P.M. at the Ramada Townhouse - 1615 Gervais Street.

Sincerely,
Ed Harris

September 29, 1993
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

The South Carolina AFL-CIO would like to take this opportunity to invite the Members of The House of Representatives to a reception on Tuesday, March 15, 1994.

The reception will be held at The Ramada Town House Hotel, 1615 Gervais Street, Columbia, S.C. from 6:00 to 8:00 P.M.

Thank you and we look forward to hearing from you.

Sincerely,
Jerry McDaniel
Secretary-Treasurer

January 12, 1994
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

The South Carolina School for the Deaf and the Blind will host a luncheon for all members of the House of Representatives and all members of the Senate as well as other friends of the agency on Wednesday, March 16, 1994.

The luncheon will be held in Room 208 of the Blatt Building beginning upon adjournment and lasting until 2:00 P.M. Guests are invited to drop by at their convenience during this time.

We would very much appreciate having this invitation announced in the House of Representatives Invitations Calendar.

Sincerely yours,
Joseph P. Finnegan, Jr.
President

January 14, 1994
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

I would like to take this opportunity to invite the members of the House and their guest to a legislative reception sponsored by the South Carolina Optometric Association. The date is March 16, 1994, and this event will be held at the Embassy Suites hotel on Stoneridge Drive beginning at 6:30 P.M. until 11:00 P.M.

Please call me if there are any questions and I look forward to seeing you at the reception.

Kindest regards,
Dr. Richard A. Brooks

February 8, 1994
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

The South Carolina Women's Consortium will host its first Legislative Luncheon for Senators and Representatives. We are expecting 75 to 100 women from low income communities, who wish to meet their Representatives and Senators.

This event marks the occasion of our annual legislative day for our membership and friends.

The luncheon is scheduled for Tuesday, March 22, 1994, at the Columbia Marriott Hotel from 12:30 to 2:00 P.M.

Please join us and allow us to express our appreciation.

Sincerely,
Marvella Peeples, Executive Director
South Carolina Women's Consortium

December 28, 1993
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

On behalf of the Board of Directors of the South Carolina State Museum Foundation, I seek approval of our March 22, 1994, event, listed below, as an official event of the South Carolina House and ask that it be made part of the House's official Calendar.

We are planning the opening reception for the exhibit, "THE BIG ONE THAT DIDN'T GET AWAY," which will focus on record fish caught in South Carolina. The hours will be from 6:00 P.M. until 8:00 P.M., and it will be held at the South Carolina State Museum.

Serving on the honorary committee for the exhibit are Governor Carroll A. Campbell, THE STATE outdoor sportswriter Pat Robertson, South Carolina Wildlife Executive Director Jim Timmerman, country music star and fisherman Aaron Tippin and outdoorsman and writer Jim Casada.

At this reception, we want to honor the South Carolina General Assembly and Constitutional Officers, as well as draw attention to one of South Carolina's most popular sporting activities. Also invited will be the anglers who caught these record fish as well as the 7,500 members of the Friends of the State Museum. The museum's major donors will also be our special guests. Total attendance should be around 400-500 people.

I am now in the process of seeking sponsors for the exhibit and reception, primarily from the fishing industry. If you need to know these names, I will be glad to provide them once they have agreed to take part.

Thank you for your serious consideration of this request. Please let me know if you need further information. (Telephone 737-4935)

Sincerely,
Patricia D. Cooper
Executive Vice President

January 25, 1994
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

I am writing to invite all members of the House of Representatives to attend a celebration honoring the 25th birthday of public kindergarten in South Carolina.

The celebration will take place Wednesday, March 23 at 1:00 P.M. in the lobby of the State House. Birthday cake will be served and kindergartners from local public schools will be on hand to provide entertainment. The event is sponsored by Southern Bell.

We hope all members of the House will join us in recognizing this important anniversary of early education.

Sincerely,
Dodie Magill
South Carolina Teacher of the Year

November 15, 1993
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

On behalf of the Manufactured Housing Institute of South Carolina, I am pleased to extend to the members of the South Carolina House, aides and attaches an invitation to join members of the Institute from throughout the State at a reception honoring the legislature. The reception will be from 6:00 P.M. until 8:00 P.M. on Wednesday, March 23, 1994.

The reception will be held on the McNair Mall, behind the Wade Hampton Building.

Sincerely,
Mitch Gault
MISC Chairman

January 31, 1994
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

On behalf of The Society of the Plastics Industry, Inc. (SPI), its South Carolina members and other plastics industry professionals from the State, it is my pleasure to invite you and your House colleagues to attend a reception on Tuesday, March 29, 1994, from 6:00 until 8:00 P.M. at Stadium Place, 1210 Bluff Road in Columbia. Your colleague members of the Senate, the Governor, Lt. Governor and their Executive Councils have also been invited to attend.

We will be mailing reception invitations to individual legislators and will also encourage our industry representatives to contact their respective members personally. I welcome your suggestions on additional ways we might publicize the event within the Legislative community (a calendar of events or newsletter, for example).

Also, Representative Williams, if a similar event is scheduled for the same evening, please let me know, as there may be a way to coordinate the schedules.

If you have any questions or need additional information, Representative, please don't hesitate to call me at 617/932-0012.

Sincerely,
Loretta A. Capezzuto
Regional Manager

January 5, 1994
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

For thirty-five consecutive years a group of men from the Columbia area have sponsored the South Carolina State Prayer Breakfast. The purpose of this breakfast is to pray for state and national leaders. This year it will be held on March 30, 1994, at 7:45 A.M. at the Embassy Suites Hotel in Columbia.

We request that this event be placed on the Calendar for the House. Each Representative will receive a personal invitation at a later date.

As in the past, your cooperation with this request is much appreciated.

Sincerely,
C.T. Young, Chairman
South Carolina Prayer Breakfast Committee

January 11, 1994
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

The South Carolina Recreation and Parks Association would like to host a Reception on Wednesday, March 30 from 6:00 - 7:30 P.M. at the Columbia Marriott for the entire House of Representatives.

Sincerely,
Gary Stuber
President, SCRPA

REGULATION WITHDRAWN

The following was received.

Document No. 1685
Promulgated By Chiropractic Examiners
Fee Waiver; Volunteer License
Received By Speaker November 19, 1993
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date May 11, 1994
Withdrawn February 15, 1994

REGULATION WITHDRAWN AND RESUBMITTED

The following was received.

Document No. 1701
Promulgated By Coastal Council
Applying for a Permit
Received by Speaker January 10, 1994
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 11, 1994
Withdrawn and Resubmitted February 14, 1994

REPORTS OF STANDING COMMITTEES

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

H. 4288 -- Reps. Shissias, Harrison, Gamble, Waites, Felder, Worley, Beatty, Kelley, Littlejohn, McElveen, Delleney, Klauber, Phillips, D. Wilder, Corning, Wright, Keyserling, Stone, Davenport, Witherspoon, Thomas, Baxley and Stoddard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2735 SO AS TO ESTABLISH EDUCATIONAL REQUIREMENTS FOR CAREGIVERS IN CHILD DAY CARE CENTERS AFTER JUNE 30, 1994, AND TO PROVIDE AN EXCEPTION.

Ordered for consideration tomorrow.

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

H. 4627 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A JOINT RESOLUTION TO REAUTHORIZE THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS FOR SIX YEARS.

Ordered for consideration tomorrow.

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

H. 4628 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-67-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATION OF THE BOARD OF EXAMINERS IN SPEECH PATHOLOGY AND AUDIOLOGY, SO AS TO REVISE THE NAME OF THE BOARD; TO AMEND SECTION 40-67-80, RELATING TO MEMBERSHIP ON THE BOARD, SO AS TO PROVIDE FOR TWO SPEECH-LANGUAGE PATHOLOGISTS ON THE BOARD RATHER THAN TWO SPEECH PATHOLOGISTS AND TO PROVIDE THAT NOMINATION FOR BOARD APPOINTMENT MUST BE MADE ONLY FOR THE SPEECH-LANGUAGE PATHOLOGIST AND AUDIOLOGIST POSITIONS; AND TO REAUTHORIZE THE STATE BOARD OF EXAMINERS IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY FOR SIX YEARS.

Ordered for consideration tomorrow.

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

H. 4629 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-36-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING REQUIREMENTS FOR OCCUPATIONAL THERAPY, SO AS TO REVISE BY WHOM AN EDUCATIONAL PROGRAM MUST BE ACCREDITED; TO AMEND SECTION 40-36-180, RELATING TO FEES, SO AS TO INCLUDE VERIFICATION FEES AMONG THOSE FEES THAT THE BOARD MAY PRESCRIBE IN REGULATION; AND TO REAUTHORIZE THE SOUTH CAROLINA BOARD OF OCCUPATIONAL THERAPY FOR SIX YEARS.

Ordered for consideration tomorrow.

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

H. 4347 -- Reps. Neilson, Corning and Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1555 SO AS TO ABOLISH THE "TENDER YEARS DOCTRINE" REGARDING THE PREFERENCE FOR AWARDING CUSTODY TO A MOTHER OF A CHILD OF TENDER YEARS.

Ordered for consideration tomorrow.

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

H. 4412 -- Rep. Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-525 SO AS TO PROVIDE THAT HOUSING AUTHORITY COMMISSIONERS ARE DEEMED OWNERS OF HOUSING AUTHORITY PROPERTY FOR MATTERS PERTAINING TO OFFENSES AGAINST PROPERTY.

Ordered for consideration tomorrow.

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

H. 4560 -- Reps. Hodges and J. Wilder: A BILL TO AMEND SECTION 7-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS AND DISQUALIFICATIONS FOR REGISTRATION TO VOTE, SO AS TO DELETE LANGUAGE WHICH PROVIDES THAT CONFINEMENT IN ANY PUBLIC PRISON DISQUALIFIES A PERSON FROM BEING REGISTERED OR VOTING AND PROVIDE THAT A PERSON IS DISQUALIFIED FROM VOTING IF HE IS SERVING A TERM OF IMPRISONMENT RESULTING FROM A CONVICTION OF A CRIME.

Ordered for consideration tomorrow.

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

H. 4662 -- Rep. Hodges: A BILL TO AMEND SECTION 14-7-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAMES OF THOSE WHO ARE DRAWN AND SERVE AS JURORS, SO AS TO PERMIT A PERSON WHOSE NAME HAS BEEN PROPERLY DRAWN TO SERVE MORE THAN ONCE EVERY THREE YEARS.

Ordered for consideration tomorrow.

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

S. 10 -- Senators Martin and Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-742 SO AS TO REQUIRE THAT A NONCUSTODIAL PARENT BE MADE A PARTY IN AN ABUSE, NEGLECT, OR DELINQUENCY MATTER BEFORE THE FAMILY COURT, AND TO AMEND SECTION 20-7-736, AS AMENDED, RELATING TO REMOVAL OF A CHILD FROM PARENTAL CUSTODY IN ABUSE AND NEGLECT CASES, SO AS TO INCLUDE AMONG THE FINDINGS REQUIRED THAT THERE IS NO RELATIVE, INCLUDING A NONCUSTODIAL PARENT, WITH WHOM THE CHILD MAY BE PLACED.

Ordered for consideration tomorrow.

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

H. 4197 -- Rep. McElveen: A BILL TO AMEND SECTION 7-11-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF CANDIDACY FOR PARTY PRIMARY ELECTIONS AND A PLEDGE TO ABIDE BY THE RESULTS OF THE PRIMARY ELECTIONS, SO AS TO PROVIDE THAT THE PERSON WHO IS DEFEATED AS A CANDIDATE FOR NOMINATION TO AN OFFICE IN A PARTY'S PRIMARY IS THEREAFTER INELIGIBLE TO RECEIVE VOTES FOR THAT OFFICE WHETHER WRITE-IN OR OTHERWISE, IN THE ENSUING GENERAL ELECTION, UNLESS THE PARTY'S NOMINEE FOR SUCH OFFICE HAS BECOME DECEASED OR IS OTHERWISE DISQUALIFIED FOR ELECTION IN THAT GENERAL ELECTION.

Ordered for consideration tomorrow.

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

H. 4511 -- Reps. Snow and D. Smith: A BILL TO PROVIDE THAT AN ASSIGNMENT OF A MORTGAGE GIVEN TO A FARM CREDIT SYSTEM INSTITUTION NEED NOT BE RECORDED IN ORDER TO PERFECT THE ASSIGNMENT IF THE UNDERLYING NOTE HAS BEEN ASSIGNED OR TRANSFERRED ACCORDING TO STATE LAW AND IS IN THE POSSESSION OF THE ASSIGNEE, AND TO PROVIDE FOR THE MANNER IN WHICH CERTAIN COLLATERAL ASSIGNMENTS OF NOTES AND MORTGAGES ARE VALID, ENFORCEABLE, AND PERFECTED.

Ordered for consideration tomorrow.

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

H. 4593 -- Reps. A. Young, Baxley, Wofford, Sharpe, Robinson, Sturkie, Kelley, Cobb-Hunter, G. Bailey, Vaughn, Witherspoon, Stuart, Davenport, Riser, Law, Meacham, Koon and Thomas: A BILL TO AMEND CHAPTER 13, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2, SO AS TO PROVIDE A PROCEDURE FOR COMBINING COUNTY BOARDS OF VOTER REGISTRATION AND COUNTY ELECTION COMMISSIONS, PROVIDE FOR THE APPOINTMENT OF THE COMMISSION MEMBERS, ESTABLISH REQUIREMENTS FOR MEMBERS, AND PROVIDE FOR REASONS FOR REMOVAL OF MEMBERS BY THE GOVERNOR.

Ordered for consideration tomorrow.

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

H. 4186 -- Reps. Corning, Sturkie, Sheheen, Shissias, Wright, Waites and Hallman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-75-355 SO AS TO PROVIDE THAT MEMBERS OF THE WINDSTORM AND HAIL UNDERWRITING ASSOCIATION ARE NOT REQUIRED TO WRITE PROPERTY INSURANCE TO COVER CERTAIN STRUCTURES SEAWARD OF THE SETBACK LINE ESTABLISHED BY THE COASTAL COUNCIL AND DEFINE TERMS.

Ordered for consideration tomorrow.

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

H. 4492 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-13-400, 38-13-410, AND 38-13-420 SO AS TO REQUIRE EVERY INSURER DOMICILED IN SOUTH CAROLINA TO FILE A REPORT WITH THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE DISCLOSING MATERIAL ACQUISITIONS AND DISPOSITIONS OF ASSETS OR MATERIAL NONRENEWALS, CANCELLATIONS, OR REVISIONS OF CEDED REINSURANCE AGREEMENTS EXCEPT UNDER CERTAIN CIRCUMSTANCES, AND ENACT RELATED AND INCIDENTAL PROVISIONS OF LAW, INCLUDING FURTHER EXCEPTIONS TO REPORTING; AND TO AMEND THE 1976 CODE BY ADDING SECTION 38-5-180 SO AS TO PROVIDE THAT NO INSURER MAY OPERATE FROM A LOCATION WITHIN SOUTH CAROLINA UNLESS IT IS LICENSED AS AN INSURER UNDER SECTION 38-5-10, PERMITTED TO OPERATE AS AN APPROVED REINSURER UNDER SECTION 38-5-60, OR QUALIFIED TO OPERATE AS AN ELIGIBLE SURPLUS LINES INSURER UNDER SECTION 38-45-90.

Ordered for consideration tomorrow.

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

H. 4494 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-31-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION, SO AS TO PROVIDE THAT A COVERED CLAIM DOES NOT INCLUDE ANY CLAIM FILED WITH THE ASSOCIATION AFTER THE FINAL DATE SET BY A COURT FOR THE FILING OF CLAIMS AGAINST THE LIQUIDATOR OR RECEIVER OF AN INSOLVENT INSURER OR ANY CLAIM FILED WITH THE ASSOCIATION MORE THAN EIGHTEEN MONTHS AFTER THE DECLARATION OF INSOLVENCY, WHICHEVER DATE OCCURS FIRST.

Ordered for consideration tomorrow.

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

H. 4496 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-31-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION, SO AS TO PROVIDE THAT, WITH RESPECT TO THE POWER TO SUE OR BE SUED, ANY ACTION BROUGHT DIRECTLY AGAINST THE ASSOCIATION MUST BE BROUGHT AGAINST THE ASSOCIATION IN THE STATE OF SOUTH CAROLINA AS A CONDITION PRECEDENT TO RECOVERY DIRECTLY AGAINST THE ASSOCIATION.

Ordered for consideration tomorrow.

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

H. 4498 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-31-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF CHAPTER 31 OF TITLE 38 DEALING WITH THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION, SO AS TO DEFINE "OCEAN MARINE INSURANCE" (AN AREA TO WHICH THE CHAPTER DOES NOT APPLY).

Ordered for consideration tomorrow.

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

H. 4566 -- Reps. Jennings, Askins, Baxley, Fulmer, P. Harris, Harrison, Hines, McAbee, Shissias, Snow, Spearman, Tucker, J. Wilder, Harwell, G. Brown, Neilson, Kinon, Beatty, Cobb-Hunter, Richardson, Keyserling, H. Brown, A. Young, Waldrop, Huff, T.C. Alexander, Stuart, Sturkie, R. Smith, Chamblee, Moody-Lawrence, Corning, Harrell, Thomas, Inabinett, Wilkins and Boan: A BILL TO AMEND CHAPTER 24 OF TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BANK HOLDING COMPANY ACT, SO AS TO REVISE AND FURTHER PROVIDE FOR DEFINITIONS AND REGULATORY PROVISIONS AND PROCEDURES IN ORDER TO PERMIT AFTER A SPECIFIED DATE AN OUT-OF-STATE BANK HOLDING COMPANY TO OPERATE AND MAKE ACQUISITIONS IN THIS STATE IN THE SAME MANNER THAT A SOUTHERN REGION BANK HOLDING COMPANY IS PERMITTED TO OPERATE AND MAKE ACQUISITIONS.

Ordered for consideration tomorrow.

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

H. 3964 -- Rep. Baxley: A BILL TO AMEND SECTION 56-3-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DELINQUENT MOTOR VEHICLE REGISTRATION AND LICENSE PENALTIES, SO AS TO PROVIDE THAT NO DELINQUENCY PENALTY MAY BE CHARGED A VEHICLE OWNER WHO ON OR BEFORE THE REQUIRED RENEWAL DATE TURNS INTO THE DEPARTMENT THE LICENSE PLATE ON THE VEHICLE BUT WHO AFTER THE REQUIRED RENEWAL DATE DECIDES TO RENEW THE VEHICLE'S REGISTRATION AND LICENSING.

Ordered for consideration tomorrow.

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

H. 3996 -- Rep. Jennings: A BILL TO AMEND SECTION 56-3-375, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF MOTOR VEHICLES SO AS TO PROVIDE FOR REREGISTRATION OF A VEHICLE THAT WAS INOPERABLE OR IN STORAGE.

Ordered for consideration tomorrow.

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

S. 516 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-700 SO AS TO DESIGNATE THE SQUARE DANCE AS THE OFFICIAL AMERICAN FOLK DANCE OF THE STATE.

Ordered for consideration tomorrow.

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

H. 4630 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PHARMACY, SO AS TO PROVIDE THAT THREE NOMINEES FOR EACH CONGRESSIONAL DISTRICT APPOINTMENT TO THE BOARD MUST BE ELECTED BY PHARMACISTS RESIDING IN THAT DISTRICT FOR CONSIDERATION BY THE GOVERNOR FOR APPOINTMENT; TO AMEND SECTION 40-43-420, RELATING TO PHARMACY FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO PROVIDE THAT CERTAIN FEES ARE IN EFFECT UNTIL THEY ARE SET IN REGULATION; TO REPEAL SECTION 40-43-480, RELATING TO FUNDING IN THE 1986 APPROPRIATIONS ACT; AND TO REAUTHORIZE THE STATE BOARD OF PHARMACY FOR SIX YEARS.

Ordered for consideration tomorrow.

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

S. 926 -- Senators Giese, Passailaigue, Glover, Elliott, Hayes, Holland, Lander, Mitchell, O'Dell, Reese, Russell, Short, Stilwell, Waldrep, Washington, Wilson, Rose, Leventis and Martin: A BILL TO AMEND CHAPTER 36, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, RELATING TO THE ALZHEIMER'S DISEASE REGISTRY, SO AS TO CREATE THE ALZHEIMER'S DISEASE AND RELATED DISORDERS RESOURCE COORDINATION CENTER IN THE OFFICE OF THE GOVERNOR, DIVISION ON AGING AND TO PROVIDE FOR ITS DUTIES AND AN ADVISORY COUNCIL; TO RENAME CHAPTER 36, TITLE 44; AND TO DESIGNATE SECTIONS 44-36-10 THROUGH 44-36-30 AS ARTICLE 1 OF CHAPTER 36, TITLE 44; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE A REFERENCE TO CONFORM TO THE GOVERNMENT RESTRUCTURING ACT OF 1993.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4745 -- Reps. R. Smith, Sharpe, Rudnick, Jennings, McMahand, Harrison, Cromer, Huff, McElveen, Anderson, Williams, Hutson, Cobb-Hunter, Neal, R. Young, Gonzales, Askins, Scott, J. Brown, Byrd, Baxley, Quinn, G. Brown, Inabinett, Simrill, Snow, Hines, Neilson, McKay, White, Davenport, Beatty, Gamble, Phillips, J. Harris, Govan, Stille, Littlejohn, Whipper, Vaughn, Stuart, Breeland and Meacham: A CONCURRENT RESOLUTION SALUTING JAMES BROWN, "THE GODFATHER OF SOUL", FOR HIS OUTSTANDING CAREER AND HIS SUPREME TALENT OF INSPIRING PEOPLE WITH HIS MUSICAL GIFTS.

Whereas, in a prolific career that has dominated the rhythm-and-blues and the popular music charts for over three decades, James Brown, "The Godfather of Soul", has reached legendary status rarely attained in the music industry; and

Whereas, James Brown is a two-time Grammy Award winner and charter member of the Rock 'n' Roll Hall of Fame; and

Whereas, his mega hits include "Papa's Got a Brand New Bag", "I Got You (I Feel Good)", "Living in America", and "Say It Loud, I'm Black and I'm Proud"; and

Whereas, his dynamic showmanship, distinctive singing style, and revolutionary dance routines have been the focus of generations of music lovers around the world; and

Whereas, as an artist, he has been a major influence on the work of such diverse superstars as The Rolling Stones, The Beatles, Bruce Springsteen, Michael Jackson, Prince, George Michael, M.C. Hammer, and Sting; and

Whereas, beginning with the release of "I'll Go Crazy" in 1960, almost every James Brown single was a hit -- among them seventy-four R&B Top Twenty entries, including seventeen No. 1's and more than fifty million records sold; and

Whereas, he has amassed more charting pop singles than any other artist in history, with the exception of Elvis Presley; and

Whereas, despite his humble beginnings James Brown's determination helped him fight his way to the top; abandoned by his mother at the age of four, he was raised in the midst of poverty in Augusta, Georgia; although his formal education went only as far as the seventh grade, his "street smarts" and positive attitude enabled him to rise above his circumstances; and

Whereas, in December, 1988, he began serving a six and one-half year sentence for failing to stop his car for a police officer and for aggravated assault; many James Brown supporters expressed concern that he was sentenced unfairly; and

Whereas, after serving fifteen months at the State Park Correctional Center in Columbia and ten months in an Aiken work release program, he was released by a parole board on February 27, 1991; and

Whereas, James Brown's first public performance since 1988, a pay-per-view event, "James Brown - Living In America - Live! One Night Only!", occurred on June 10, 1991; the event was a joint venture presented by Dutch Lewis Productions, Black Entertainment Television, and Time Warner, Inc.; this was the largest pay-per-view concert of all time; and

Whereas, James Brown's songs have been scored to more than thirty movies; and

Whereas, in 1992-93, James Brown appeared on the "Today Show", "Good Morning America", "Regis and Kathie Lee", "Arsenio Hall", "Tonight Show with Jay Leno", "CBS This Morning", "The Robert Townsend Show", "In Living Color", "Joan Rivers", "The American Music Awards", "The Grammy's", and other shows, and his compact disc set on the Polygram label was the number one selling set of all time; and

Whereas, James Brown is clearly one of the greatest musicians and entertainers of all time; and

Whereas, his gifts and his wonderful talent have inspired and uplifted countless persons around the globe, and his accent on the positive has helped him attain one success after another. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, salutes James Brown, "The Godfather of Soul", for his outstanding career and his supreme talent of inspiring people with his musical gifts.

Be it further resolved that a copy of this resolution be forwarded to Mr. James Brown.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4746 -- Reps. Walker, Littlejohn, Allison, Lanford, Wells, Beatty, D. Smith and Davenport: A CONCURRENT RESOLUTION SALUTING THE NATIONAL BETA CLUB, WHICH WAS FOUNDED IN LANDRUM IN SPARTANBURG COUNTY, ON ITS SIXTIETH ANNIVERSARY AND WISHING THE CLUB MANY MORE YEARS OF SUCCESS.

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

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 1143 -- Senator Wilson: A CONCURRENT RESOLUTION PROCLAIMING FEBRUARY 27 THROUGH MARCH 5, 1994, AS "MIDLANDS FIGHTING BACK WEEK".

Whereas, over the past few years, thousands of citizens have joined forces to create Midlands FIGHTING BACK, a movement to combat alcohol and other drug abuse on a comprehensive scale by involving all segments of the community in Fairfield, Lexington, Newberry, and Richland counties; and

Whereas, families, youth, physicians, religious leaders, health care providers, educators, law enforcement, business leaders, government officials, the media, and other concerned citizens in all four counties have been working together to develop a comprehensive plan for the Midlands; and

Whereas, surveys have shown that sixty percent of Midlands youth have used alcohol and other drugs; and

Whereas, alcohol is a leading factor in individual and family crime and violence; and

Whereas, underage drinking is a primary health risk to youth in the Midlands; and

Whereas, each year in South Carolina, 3,350 children and adults die from alcohol and other drug-related tragedies; and

Whereas, the abuse of alcohol and other drugs affects everyone in the Midlands; and

Whereas, the citizens of Fairfield, Lexington, Newberry, and Richland counties are unwilling to let this tragedy continue without a fight. Now, therefore,

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

That February 27 through March 5, 1994, is proclaimed Midlands FIGHTING BACK Week.

Be it further resolved that residents of the Midlands are called upon to participate in appropriate observances of the week.

Be it further resolved that a copy of this resolution be forwarded to Mr. James E. Brown, Regional Director, Midlands Fighting Back, PO Box 50597, Columbia, SC 29250.

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

INTRODUCTION OF BILLS

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

H. 4747 -- Rep. T.C. Alexander: A BILL TO AMEND SECTION 56-5-750, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO STOP FOR A LAW ENFORCEMENT VEHICLE, SO AS TO REVISE THE PENALTIES AND PROVIDE DEFINITIONS.

Referred to Committee on Judiciary.

H. 4748 -- Reps. Quinn, Meacham, Waldrop, Harrison, Keegan, Koon, Riser, Sturkie, Vaughn, A. Young, Wilkes, Wright, Chamblee, Hallman, D. Smith, Baker, Haskins, Clyborne, Fulmer, Littlejohn, Hutson, Simrill, Robinson, R. Young, Wells, Walker, Klauber, Fair, Harrell, Shissias, Kelley, Corning and Cooper: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY ADDING AN APPROPRIATELY NUMBERED SECTION SO AS TO PROVIDE THAT STATE TAXES MAY NOT BE INCREASED AND NEW STATE TAXES MAY NOT BE IMPOSED EXCEPT UPON A FAVORABLE VOTE OF THE QUALIFIED ELECTORS OF THE STATE IN A REFERENDUM, TO LIMIT INCREASES IN STATE SPENDING TO THE INCREASE IN THE CONSUMER PRICE INDEX AND PROVIDE EXCEPTIONS, TO AUTHORIZE THE GOVERNOR TO DECLARE A FISCAL EMERGENCY THAT SUSPENDS THE LIMITATIONS IMPOSED BY THIS SECTION FOR THE DURATION OF THE EMERGENCY AND ESTABLISH HOW THE LIMITATIONS ARE REIMPOSED AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW FOR THE IMPLEMENTATION OF THESE LIMITATIONS.

Referred to Committee on Ways and Means.

H. 4749 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO LIABILITY INSURANCE FOR MOTOR CARRIERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1700, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4750 -- Reps. Littlejohn, G. Bailey and Walker: A BILL TO AMEND TITLE 5, CHAPTER 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES AND FIRE PREVENTION, BY ADDING ARTICLE 11 SO AS TO PROVIDE FOR THE INSTALLATION AND USE OF SMOKE DETECTORS IN RENTAL DWELLINGS AND HOUSING AND PROVIDE FOR PENALTIES.

Referred to Committee on Labor, Commerce and Industry.

H. 4751 -- Reps. Wofford, Waldrop and P. Harris: A BILL TO AMEND SECTION 44-7-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR LICENSURE FOR CERTAIN HEALTH FACILITIES AND SERVICES, SO AS TO EXEMPT COMMUNITY-BASED HOUSING SPONSORED, LICENSED, OR CERTIFIED BY THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS.

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

H. 4752 -- Reps. Kelley, Martin, Witherspoon and Snow: A BILL TO PROVIDE THAT MEMBERS OF THE COUNTY BOARD OF EDUCATION FOR HORRY COUNTY MUST BE ELECTED IN A NONPARTISAN ELECTION HELD AT THE TIME OF THE GENERAL ELECTION, TO PROVIDE THAT PERSONS MAY BECOME CANDIDATES BY FILING A STATEMENT OF CANDIDACY, AND TO PROVIDE THE METHOD OF DETERMINING RESULTS AND THE DATE THE MEMBER TAKES OFFICE.

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

H. 4753 -- Reps. Kelley, Martin, Worley, Witherspoon, Keegan, Riser and Snow: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO AUTHORIZE THE CREATION OF A REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS, AND TO PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, ITS POWERS, DUTIES, AND RESPONSIBILITIES.

Referred to Committee on Judiciary.

H. 4754 -- Reps. Baker, G. Bailey and T.C. Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE REQUIREMENT IN SECTION 40-79-140 OF THE 1976 CODE OF LAWS MANDATING APPLICANTS FOR AN ALARM SYSTEM BUSINESS LICENSE TO PROVIDE EVIDENCE OF COMPLETION OF THE "NATIONAL INSTITUTE FOR CERTIFICATION IN ENGINEERING TECHNOLOGIES (NICET) LEVEL III FIRE ALARM SYSTEMS ENGINEERING TECHNICIAN'S COMPETENCY TEST" IS SUSPENDED AND SHALL NOT BE ENFORCED FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS.

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

H. 4755 -- Rep. Rogers: A BILL TO AMEND SECTION 8-11-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPUTATION OF ANNUAL LEAVE ALLOWED STATE EMPLOYEES, SO AS TO DELETE THE PROVISION LIMITING THE MAXIMUM ANNUAL LEAVE ALLOWED IN ONE YEAR TO THIRTY DAYS.

Referred to Committee on Ways and Means.

H. 4756 -- Reps. Waites, Inabinett, Moody-Lawrence, Graham, Whipper, Waldrop, Neilson, Scott, Snow, Shissias, Harrelson, Breeland, Govan, Neal, Corning, Rudnick, Rogers, Thomas, Riser and T.C. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 32 SO AS TO ENACT THE "SAFE CREMATION ACT" AND TO PROVIDE FOR THE AUTHORIZATION OF, THE PROCEDURES FOR, AND REGULATION OF CREMATION; BY ADDING SECTION 17-5-305 SO AS TO REQUIRE THAT THE REMAINS OF AN UNIDENTIFIED DEAD PERSON MAY NOT BE CREMATED BUT MUST BE BURIED; TO AMEND SECTION 17-5-310, RELATING TO CREMATION PERMITS, SO AS TO PROVIDE THAT A CORONER MAY ISSUE SUCH PERMIT; AND TO AMEND SECTION 17-5-320, RELATING TO REPORTING THE ABSENCE OF AN INVESTIGATION OF VIOLENT OR SUSPICIOUS DEATHS, SO AS TO PROVIDE THAT THE REPORT MAY BE MADE TO A CORONER.

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

S. 671 -- Senator Land: A BILL TO AMEND SECTIONS 12-19-20, AS AMENDED, 12-19-100, 12-19-110, AND 33-1-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATE LICENSE FEES, LICENSE FEES ON UTILITIES AND ELECTRIC COOPERATIVES, AND FILING FEES CHARGED FOR DOCUMENTS FILED WITH THE SECRETARY OF STATE, SO AS TO PROVIDE THAT THE CORPORATE LICENSE FEE FOR FOREIGN CORPORATIONS MUST BE PAID WHEN FILING WITH THE SECRETARY OF STATE AND TO DELETE OBSOLETE PROVISIONS RELATING TO THE LICENSE TAX ON UTILITIES AND ELECTRIC COOPERATIVES.

Referred to Committee on Judiciary.

S. 1096 -- Senators Land, Moore, Waldrep and Giese: A BILL TO AMEND SECTION 20-7-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF CERTAIN VIOLATIONS BY JUVENILES, SO AS TO REQUIRE THE FAMILY COURTS TO REPORT ALSO VIOLATIONS THAT AFFECT THE JUVENILE'S PRIVILEGE TO DRIVE; TO AMEND SECTION 56-1-745, AS AMENDED, RELATING TO SUSPENSION OF DRIVER'S LICENSES FOR CONTROLLED SUBSTANCE VIOLATIONS, SO AS TO MAKE TECHNICAL CORRECTIONS AND TO DEFINE CONTROLLED SUBSTANCE VIOLATIONS; TO AMEND SECTION 56-1-747, RELATING TO WHAT CONSTITUTES A CONVICTION FOR SUSPENSION PURPOSES, SO AS TO INCLUDE JUVENILE PROCEEDINGS.

Referred to Committee on Judiciary.

CONCURRENT RESOLUTION

The following was introduced:

H. 4757 -- Rep. Fulmer: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PROPOSE AN AMENDMENT TO ARTICLE V OF THE UNITED STATES CONSTITUTION THAT WILL ENABLE THREE-FOURTHS OF THE STATES TO AMEND THE CONSTITUTION SUBJECT TO CONGRESSIONAL VETO.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4758 -- Rep. Fulmer: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF INTERSTATE I-526 BETWEEN GENERAL WESTMORELAND BRIDGE AT THE ASHLEY RIVER AND U.S. HIGHWAY 17 THE THEODORE TOBIAS MAPPUS, JR., EXCHANGE.

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

HOUSE RESOLUTION

The following was introduced:

H. 4759 -- Reps. Snow, A. Young, Rudnick, Houck, Moody-Lawrence, Davenport, Chamblee, Wilkins, McMahand, Carnell, Anderson, Askins, Worley, Elliott, Stone, Phillips, Gamble, M.O. Alexander, Cato, Baker, G. Bailey, Wells, Mattos, McCraw, Kinon, Kirsh, Kelley, Waldrop, Trotter, D. Smith, D. Wilder, Richardson, Keegan, Harrelson, Spearman, P. Harris, Jaskwhich, Felder, Quinn, G. Brown, J. Wilder, Wright, Littlejohn, Meacham, Baxley, Kennedy, Rogers, Inabinett, White, Holt, R. Smith, Whipper, Canty, Govan, Simrill, J. Brown, Neilson, Breeland, Williams, Law, Scott, Harrell, Corning, Waites and Allison: A HOUSE RESOLUTION TO GRANT SPECIAL LEAVE OF THE HOUSE OF REPRESENTATIVES TO ADMIT JAMES BROWN OF AIKEN, WORLD-RENOWNED AMERICAN VOCAL ARTIST, TO THE FLOOR OF THE HOUSE FOR THE PURPOSE OF BEING RECOGNIZED FOR HIS MANY MUSICAL ACCOMPLISHMENTS AND HONORS.

The Resolution was ordered referred to the Committee on Rules.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Bailey, G.             Bailey, J.
Baxley                 Beatty                 Boan
Breeland               Brown, G.              Brown, H.
Brown, J.              Canty                  Carnell
Cato                   Chamblee               Clyborne
Cooper                 Corning                Cromer
Davenport              Delleney               Elliott
Fair                   Farr                   Felder
Fulmer                 Gamble                 Gonzales
Govan                  Graham                 Hallman
Harrelson              Harris, J.             Harris, P.
Harrison               Harwell                Haskins
Hines                  Hodges                 Holt
Houck                  Huff                   Hutson
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Keyserling
Kinon                  Kirsh                  Klauber
Koon                   Lanford                Law
Littlejohn             Marchbanks             Mattos
McAbee                 McCraw                 McElveen
McKay                  McLeod                 McMahand
McTeer                 Meacham                Moody-Lawrence
Neal                   Neilson                Phillips
Quinn                  Rhoad                  Richardson
Riser                  Robinson               Rudnick
Scott                  Sharpe                 Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Snow                   Spearman
Stille                 Stoddard               Stone
Stuart                 Sturkie                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 Wednesday, February 16.

Harold G. Worley                  Gilda Cobb-Hunter
Morgan Martin                     Dell Baker
Michael F. Jaskwhich              Robert A. Barber, Jr.
Harry R. Askins                   Timothy F. Rogers
Robert W. Harrell, Jr.            C. Alex Harvin, III
Total Present--123

LEAVE OF ABSENCE

The SPEAKER granted Rep. BYRD a leave of absence to attend a funeral.

DOCTOR OF THE DAY

Announcement was made that Dr. Beverly Simons from Columbia is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Reps. CORNING, SHISSIAS and SCOTT presented to the House the Richland Northeast High School's Model United Nations team and faculty advisors.

ORDERED TO THIRD READING

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

H. 4732 -- Reps. Richardson, White, Harrelson and Keyserling: A BILL TO CREATE THE BEAUFORT COUNTY BOARD OF ELECTIONS AND REGISTRATION, PROVIDE FOR THE NUMBER AND MANNER OF APPOINTMENT OF ITS MEMBERS, TERMS, FILLING OF VACANCIES, ELECTION OF THE BOARD'S CHAIRMAN, AND RELATED MATTERS AND TO ABOLISH THE BEAUFORT COUNTY ELECTION COMMISSION AND BEAUFORT COUNTY REGISTRATION BOARD AND DEVOLVE THEIR POWERS AND DUTIES UPON THIS NEW BOARD.

SENT TO THE SENATE

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

H. 4532 -- Reps. Hodges, Corning, Cromer, Harwell, Jennings, Scott, D. Smith, J. Wilder, R. Young, Wilkins, Harrell, Clyborne and Boan: A BILL TO AMEND SECTION 58-9-570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FACTORS WHICH THE PUBLIC SERVICE COMMISSION MUST CONSIDER IN DETERMINING RATES FOR TELEPHONE COMPANIES, SO AS TO PROVIDE THAT, UNDER CERTAIN CONDITIONS, THE COMMISSION MAY ADOPT ANY ALTERNATIVE REGULATORY PLAN THE COMMISSION CONSIDERS APPROPRIATE AND IN THE PUBLIC INTEREST UPON DETERMINING THAT A TELEPHONE UTILITY IS SUBJECT TO COMPETITION WITH RESPECT TO A PARTICULAR SERVICE OR WITH RESPECT TO ITS SERVICES GENERALLY.

H. 4691--INTERRUPTED DEBATE

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

H. 4691 -- Ways and Means Committee: A BILL MAKING APPROPRIATIONS FROM FISCAL YEAR 1992-93 SURPLUS GENERAL FUND REVENUES AND TO REPEAL SECTION 12-47-447, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF TAX REFUNDS.

Rep. R. YOUNG proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\GJK\20347SD.94).

Amend the bill, as and if amended, by adding the following new section to be appropriately numbered which shall read:

/SECTION     _____     No taxpayer entitled to refund of state income taxes paid as a result of the Davis v. Michigan decision may have his refund reduced for the payment of any attorney fees resulting from the settlement of the cases of Bass v. The State of South Carolina and Perri v. The State of South Carolina unless he was a member of the class of plaintiffs bringing these actions prior to their time of settlement and not joined in the class thereafter./

Renumber sections to conform.

Amend title to conform.

Rep. R. YOUNG explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. R. YOUNG continued speaking.

Rep. SHEHEEN spoke against the amendment.

Rep. R. YOUNG spoke in favor of the amendment.

Rep. SHEHEEN spoke against the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 3, Rep. SHEHEEN having the floor.

Rep. BOAN moved that the House do now adjourn.

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

Yeas 43; Nays 65

Those who voted in the affirmative are:

Anderson               Askins                 Bailey, J.
Barber                 Boan                   Breeland
Brown, H.              Carnell                Clyborne
Cobb-Hunter            Elliott                Farr
Hallman                Harrelson              Harris, J.
Harris, P.             Hines                  Hodges
Holt                   Houck                  Inabinett
Keegan                 Keyserling             Kinon
Kirsh                  McAbee                 McCraw
McKay                  McMahand               Moody-Lawrence
Neal                   Phillips               Rogers
Rudnick                Scott                  Shissias
Townsend               Tucker                 Waites
Whipper                White                  Wilder, D.
Wilkes

Total--43

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Baker                  Baxley                 Beatty
Cato                   Cooper                 Corning
Cromer                 Davenport              Delleney
Fair                   Felder                 Fulmer
Gamble                 Gonzales               Graham
Harrell                Harrison               Haskins
Huff                   Hutson                 Jaskwhich
Jennings               Kelley                 Kennedy
Klauber                Koon                   Lanford
Law                    Littlejohn             Marchbanks
Martin                 McTeer                 Meacham
Neilson                Quinn                  Rhoad
Richardson             Riser                  Robinson
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, R.              Snow
Spearman               Stille                 Stoddard
Stone                  Stuart                 Sturkie
Thomas                 Trotter                Vaughn
Walker                 Wells                  Wilkins
Witherspoon            Wofford                Wright
Young, A.              Young, R.

Total--65

So, the House refused to adjourn.

MOTION REJECTED

Rep. CROMER moved that the House recur to the morning hour.

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

Yeas 49; Nays 59

Those who voted in the affirmative are:

Anderson               Bailey, J.             Baxley
Breeland               Brown, G.              Brown, H.
Brown, J.              Carnell                Cobb-Hunter
Cromer                 Farr                   Felder
Fulmer                 Gonzales               Govan
Hallman                Harrell                Harrelson
Harrison               Hines                  Holt
Huff                   Hutson                 Inabinett
Jennings               Kennedy                Keyserling
Law                    Mattos                 McAbee
McElveen               McTeer                 Neal
Neilson                Richardson             Rogers
Rudnick                Scott                  Sheheen
Shissias               Snow                   Stille
Stone                  Townsend               Waites
Whipper                Wilkins                Young, A.
Young, R.

Total--49

Those who voted in the negative are:

Alexander, M.O.        Allison                Askins
Baker                  Beatty                 Boan
Cato                   Chamblee               Clyborne
Cooper                 Corning                Davenport
Delleney               Elliott                Gamble
Harris, J.             Harris, P.             Harwell
Haskins                Houck                  Jaskwhich
Keegan                 Kelley                 Kinon
Kirsh                  Klauber                Koon
Lanford                Littlejohn             Marchbanks
Martin                 McCraw                 McKay
Meacham                Moody-Lawrence         Phillips
Quinn                  Rhoad                  Riser
Robinson               Sharpe                 Simrill
Smith, D.              Smith, R.              Spearman
Stoddard               Stuart                 Sturkie
Thomas                 Trotter                Tucker
Vaughn                 Walker                 Wells
Wilder, D.             Witherspoon            Wofford
Worley                 Wright

Total--59

So, the House refused to recur to the morning hour.

SPEAKER IN CHAIR
S. 511--OBJECTIONS WITHDRAWN

Reps. CORNING and SIMRILL withdrew their objections to the following Bill.

S. 511 -- Senators Greg Smith and Williams: A BILL TO AMEND SECTION 50-13-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME FISH BREEDER'S LICENSES, SO AS TO PROVIDE THAT LICENSED INDIVIDUALS MAY SELL, OFFER FOR SALE, AND TRANSPORT CULTURED GAME FISH TO STOCK OR RESTOCK PRIVATE PONDS; TO PROVIDE THAT CULTURED GAME FISH FOUR INCHES OR LARGER MUST BE PRODUCED FROM SOUTH CAROLINA RAISED BROOD STOCK; AND TO PROVIDE A DEFINITION FOR CULTURED GAME FISH.

H. 3765--OBJECTION WITHDRAWN

Rep. SIMRILL withdrew his objection to H. 3765 however, other objections remained upon the Bill.

H. 3835--DEBATE ADJOURNED

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

H. 3835 -- Rep. Fair: A BILL TO AMEND SECTION 44-79-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL FITNESS SERVICE CREDIT CONTRACTS, SO AS TO INCREASE THE DURATION OF CONTRACTS FROM ONE TO THREE MONTHS AND THE AMOUNT FROM FIFTY DOLLARS TO FIFTY DOLLARS A MONTH FOR THOSE CONTRACTS THAT MUST CONFORM TO STATUTORY REQUIREMENTS; AND TO AMEND SECTION 44-79-80, AS AMENDED, RELATING TO CERTIFICATES OF AUTHORITY, SO AS TO REQUIRE THE POST OF THESE CERTIFICATES WITHIN VIEW OF THE FRONT ENTRANCE AND TO REQUIRE POSTING OF THE NUMBER OF COMPLAINTS FILED AGAINST THE CENTER.

Rep. FAIR moved to adjourn debate upon the Senate amendments until Thursday, February 17, which was adopted.

MOTION PERIOD

Rep. HODGES moved to dispense with the Motion Period.

As a first substitute Rep. ROBINSON moved to recall H. 3243 from the Ways and Means Committee.

As a second substitute Rep. HODGES moved to dispense with the balance of the Motion Period, which was agreed to.

H. 3267--INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 9, Rep. RUDNICK having the floor.

H. 3267 -- Reps. Corning, Cato, Sturkie, Haskins, Fulmer, Quinn, Wells, Klauber, Robinson, A. Young, Cooper, Davenport, R. Smith, Fair, Meacham, Simrill, Walker, Moody-Lawrence, Delleney, Felder, Littlejohn, H. Brown, Baker, Worley, Gonzales, Stone, Harwell, Marchbanks, Sharpe, Wofford, Allison, Chamblee, Vaughn, Clyborne, Huff, Wright, Koon, Lanford, R. Young, Wilkins, Graham and Jaskwhich: A BILL TO DESIGNATE SECTIONS 44-41-10 THROUGH 44-41-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS ARTICLE 1 OF CHAPTER 41, TITLE 44, AND TO ENTITLE THE ARTICLE "ABORTIONS GENERALLY"; TO AMEND CHAPTER 41, TITLE 44, RELATING TO ABORTIONS, BY ADDING ARTICLE 3 SO AS TO ENACT THE "WOMAN'S RIGHT TO KNOW ACT", INCLUDING PROVISIONS FOR PENALTIES; TO PROVIDE THAT THE PRINTED MATERIALS REQUIRED TO BE PUBLISHED PURSUANT TO SECTION 44-41-340, AS ADDED BY THIS ACT, MUST BE PUBLISHED ON OR BEFORE THE EFFECTIVE DATE OF ARTICLE 3, CHAPTER 41, TITLE 44, AS ADDED BY THIS ACT; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS, WORDS, PHRASES, AND CLAUSES OF THIS ACT.

AMENDMENT NO. 9

Debate was resumed on Amendment No. 9, which was proposed on Thursday, February 10, by Reps. RUDNICK and COBB-HUNTER.

Rep. RUDNICK continued speaking.

Rep. J. BAILEY moved to continue the Bill.

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

Yeas 27; Nays 62

Those who voted in the affirmative are:

Bailey, J.             Beatty                 Boan
Breeland               Brown, G.              Brown, J.
Canty                  Cobb-Hunter            Harris, J.
Hines                  Hodges                 Houck
Kirsh                  McAbee                 McKay
McLeod                 Moody-Lawrence         Neal
Phillips               Rogers                 Rudnick
Scott                  Shissias               Spearman
Waites                 Whipper                White

Total--27

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Askins                 Baker                  Barber
Baxley                 Brown, H.              Cato
Chamblee               Clyborne               Corning
Cromer                 Davenport              Delleney
Elliott                Fair                   Felder
Gamble                 Govan                  Graham
Hallman                Harrell                Harris, P.
Harrison               Haskins                Huff
Hutson                 Jaskwhich              Keegan
Kelley                 Kennedy                Klauber
Koon                   Lanford                Law
Littlejohn             Marchbanks             McCraw
Meacham                Quinn                  Rhoad
Riser                  Robinson               Sharpe
Sheheen                Simrill                Smith, D.
Smith, R.              Stille                 Stoddard
Stuart                 Sturkie                Vaughn
Walker                 Wilder, J.             Wilkins
Witherspoon            Wofford                Worley
Young, A.              Young, R.

Total--62

So, the House refused to continue the Bill.

Rep. HASKINS moved immediate cloture on the entire matter.

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

Yeas 60; Nays 51

Those who voted in the affirmative are:

Alexander, M.O.        Allison                Baker
Brown, H.              Cato                   Chamblee
Clyborne               Corning                Cromer
Delleney               Fair                   Farr
Felder                 Gonzales               Graham
Hallman                Harrell                Harwell
Haskins                Houck                  Huff
Hutson                 Jaskwhich              Jennings
Keegan                 Kelley                 Kennedy
Klauber                Koon                   Lanford
Law                    Littlejohn             Marchbanks
Mattos                 McCraw                 McKay
Meacham                Quinn                  Riser
Robinson               Sharpe                 Simrill
Smith, D.              Smith, R.              Stille
Stone                  Stuart                 Sturkie
Trotter                Vaughn                 Walker
Wells                  Wilder, D.             Wilder, J.
Wilkins                Witherspoon            Wofford
Wright                 Young, A.              Young, R.

Total--60

Those who voted in the negative are:

Alexander, T.C.        Anderson               Askins
Bailey, J.             Barber                 Baxley
Beatty                 Boan                   Breeland
Brown, G.              Brown, J.              Canty
Carnell                Cobb-Hunter            Davenport
Elliott                Gamble                 Govan
Harrelson              Harris, J.             Harris, P.
Hines                  Holt                   Inabinett
Keyserling             Kinon                  Kirsh
Martin                 McAbee                 McLeod
McMahand               McTeer                 Moody-Lawrence
Neal                   Neilson                Phillips
Rogers                 Rudnick                Scott
Sheheen                Shissias               Snow
Spearman               Stoddard               Thomas
Tucker                 Waites                 Whipper
White                  Wilkes                 Worley

Total--51

So, immediate cloture was ordered.

Rep. BEATTY moved that the House do now adjourn.

POINT OF ORDER

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

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

Yeas 58; Nays 45

Those who voted in the affirmative are:

Anderson               Askins                 Bailey, G.
Bailey, J.             Barber                 Baxley
Beatty                 Boan                   Breeland
Brown, G.              Brown, J.              Canty
Carnell                Elliott                Farr
Felder                 Gamble                 Govan
Harrelson              Harris, J.             Harris, P.
Hines                  Hodges                 Holt
Houck                  Inabinett              Jennings
Kennedy                Keyserling             Kinon
Kirsh                  Martin                 Mattos
McAbee                 McCraw                 McKay
McLeod                 McMahand               Moody-Lawrence
Neal                   Neilson                Phillips
Rogers                 Rudnick                Sheheen
Shissias               Smith, D.              Snow
Spearman               Stille                 Stoddard
Thomas                 Tucker                 Waites
Whipper                White                  Wilder, D.
Wilkes

Total--58

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Baker                  Brown, H.              Cato
Chamblee               Clyborne               Corning
Cromer                 Davenport              Delleney
Fair                   Gonzales               Graham
Hallman                Harrell                Harrison
Hutson                 Kelley                 Klauber
Koon                   Lanford                Law
Littlejohn             Marchbanks             Meacham
Quinn                  Riser                  Robinson
Sharpe                 Simrill                Smith, R.
Stone                  Stuart                 Sturkie
Trotter                Vaughn                 Walker
Wells                  Wilkins                Witherspoon
Wofford                Young, A.              Young, R.

Total--45

So, the motion to adjourn was agreed to.

Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 9, immediate cloture having been ordered.

ADJOURNMENT

At 3:40 P.M. the House in accordance with the motion of Rep. BREELAND adjourned in memory of Eugene C. Hunt, retired educator of Charleston, to meet at 10:00 A.M. tomorrow.

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