Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

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

With all the resources of an infinite God available to those who seek, forgive us, Lord, for asking for thimblefuls when car loads of blessings are at hand, that strikes a match when we could have the sun. As You have directed Your children even from Old Testament times, so guide us today. At every desk, may there be heard the voice of Your counsel. Help us to weigh our words that our words may carry weight and, what is more, may echo Your will for Your people. Make us always willing to live and act like God's people that instead of nursing our scars we may be found reaching for the stars.

Thank You, Lord, for this privilege of 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.

The following was received.

February 9, 1989
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the House," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Appointment, Member, Ethics Commission, with term to expire May 31, 1991:

4th Congressional District:

William A. Coates, 214 Cleveland Street, Greenville, S.C. 29601 VICE Mike Burton (resigned)

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

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

January 20, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

As President of CASE (Citizens Asking For a Safe Environment) I would like to invite you and members of the South Carolina House of Representatives to a Mid-Morning Coffee Break which will be held in the First Floor Lobby of the State House on March 1, 1989 from 9 until 11 A.M.

We will look forward to seeing all of you there.

Sincerely,
Janet Lynam
(President)

January 13, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

On behalf of the 9600 members of the South Carolina Association of REALTORS, we would like to invite the members of the House and their spouses to our annual mid day reception. The reception is scheduled to be held on March 1, 1989 at the Radisson Hotel immediately after you recess for lunch. There will be no program.

We look forward with great anticipation to having the members of the House and their spouses with us on March 1.

Sincerely,
Richard F. Davis
Executive Vice President

March 18, 1988
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

The S.C. Association of School Administrators would like to invite the members of the House of Representatives, their spouses, attaches and clerks to a reception to be held in your honor. This occasion will be March 1, 1989 at the Radisson Hotel in Columbia beginning at 6:00 P.M. in the evening.

We hope that your committee will accept this invitation so that our members might indicate to you our gratitude for the services you provide to the citizens of South Carolina.
Sincerely,
Robert E. Scarborough
Assistant Executive Director

July 7, 1988
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

The South Carolina Chapter of the National Association of Social Workers would like to invite the members of the House to a legislative reception in their honor on Wednesday, March 1, 1989 from 8:00 P.M. to 10:00 P.M. at the Radisson Hotel, 937 Assembly Street, Columbia, S.C. It has been a pleasure for our members to work with the House of Representatives on a number of issues which affect the quality of life for South Carolinians. We look forward to continuing this relationship and are pleased to host this event for the House of Representatives on March 1, 1989.

Sincerely,
Marjorie Brittain Hammock, ACSW
President, SC-NASW

April 12, 1988
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

Confirming my telephone conversation on March 29 with Ms. Catherine Jeter, you have reserved Tuesday, March 7, 1989, on the House calendar for the Legislative Appreciation Dinner to be held by The Electric Cooperatives of South Carolina, Inc.

This event will be held at the Radisson Hotel beginning with a social hour at 6:00 P.M. and dinner at 7:00 P.M.

Thank you for your attention to this matter.

Sincerely,
Janet E. Gerhart
Government Relations Department

January 19, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

The Department of Health and Environmental Control, Center for Health Promotion, invites members of the House of Representatives to attend a Cardiovascular Health Check on Wednesday, March 8, 1989, from 9:00 A.M. to 4:00 P.M. in the main lobby of the State House.

Legislators will have the opportunity to experience some of the community services provided by DHEC as they have their blood cholesterol and blood pressure measured, a dietary evaluation by registered dietitians and receive valuable health information and samples of educational materials.

Should you have any questions, please contact Ms. Susan Clark, Center for Health Promotion, at 737-4120.

Sincerely,
Michael D. Jarrett
Commissioner

February 2, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

The South Carolina Petroleum Marketers Association would like to cordially invite the members of the House of Representatives to a reception on Wednesday, March 8, 1989. The reception will be held from 6:00 P.M. until 8:00 P.M. in the Grand Palm Ballroom at the Columbia Marriott Hotel. We will also have live entertainment furnished by The Company.

The members of our association look forward to being with you on the evening of March 8th.

With kind regards, I am

Sincerely yours,
Dave Reed
Executive Director

October 3, 1988
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

On behalf of the South Carolina Society of Professional Engineers and the Consulting Engineers of South Carolina, I wish to invite the House of Representatives of the State of South Carolina to a reception Wednesday, March 8, 1989, beginning at 8:00 P.M. Plans now call for this reception to be held at the Marriott Hotel on Main Street in Columbia, S.C.

The South Carolina Society of Professional Engineers and the Consulting Engineers of South Carolina have hosted receptions for the General Assembly for the past several years, and it is their pleasure to continue this tradition.

Sincerely,
Joe S. Jones
Executive Director
South Carolina Society of Professional Engineers
Consulting Engineers of South Carolina

March 17, 1988
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

The County Directors and Supervisors Association of the South Carolina Department of Social Services respectfully requests that you place an invitation to our annual legislature reception on the calendar for the evening of March 14, 1989 from 8:00 P.M. until 8:00 P.M., Radisson Hotel of Columbia.

We are pleased to be able to host such an occasion and thank you for affording us the opportunity to meet and talk with our elected representatives from all over this great state.

Sincerely,
Chester T. Tomson, Jr.
President

November 22, 1988
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

The Association of Public Library Administrators of South Carolina cordially invites all members of the House of Representatives to its Legislative Day Luncheon on Wednesday, March 15, 1989, in the ballrooms of the Radisson Hotel on Assembly Street.

Wine Reception 12:00 - 12:30

Luncheon 12:30 - 2:00

We hope that the Representatives will be our guests as their schedules permit during the lunch recess on that day 80 that we may express our appreciation on behalf of public libraries throughout the state for the Legislature's support.

Sincerely,
Association of Public Library
Administrators of South Carolina
Julie Zachowski, President

December 5, 1988
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

This is to confirm our invitation of the Members of the House of Representatives to a dinner given by the Alzheimer's Disease Association, Columbia Chapter, on March 15, 1989, 6:00 P.M. until 8:00 P.M., at the William S. Hall Psychiatric Institute. At that occasion we should like to bring up for discussion some of the issued raised by Alzheimer's victims and their families, and together try to resolve some of these issues.

I am looking forward to hearing from you and seeing you on March 15.

Sincerely,
Dolores Macey
State Liaison ADA
Vice President, Columbia Chapter

February 8, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

South Carolina Women Involved in Farm Economics extends an invitation to the South Carolina House of Representatives to a finger breakfast on Thursday, March 16 at Beau's at the Radisson from 8:00 to 10:00 A.M. This is in conjunction with the celebration of National Agriculture Week.

Yours truly,
Polly Marsh, President
S.C. W. I. F. E.

January 12, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

The Municipal Association of South Carolina will hold its 15th Annual Winter Meeting and Legislative Conference on March 22 and 23, 1989, in Columbia.

We would like to extend an invitation to members of the House of Representatives to be our guests at a reception on March 22, 1989, from 6:30 P.M. to 8:00 P.M. at the South Carolina State Museum, 301 Gervais Street, Columbia.

With best wishes.

Sincerely,
J. McDonald Wray
Executive Director

July 8, 1988
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

This letter serves as a formal invitation to the members of the House of Representatives, to the South Carolina Medical Association's reception. The reception will be March 22 from 8:00 P.M. until 10:00 P.M. at the Capital City Club. Please confirm on your calendar.

Sincerely,
Jan Maynard

January 13, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

This letter is written to request your assistance in placing a Winthrop College reception in honor of the South Carolina General Assembly and staff on the legislative calendar for Tuesday, March 28, 1989, 8:00 P.M. to 9:30 P.M. at the Radisson Hotel in Columbia. Each year Winthrop's alumni, faculty, trustees and president all look forward to hosting this event.

My appreciation is extended to you and to Ms. Jeter for your assistance in this regard.

Sincerely,
Rebecca McMillan
Vice President for Institutional Advancement

January 10, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

The South Carolina Petroleum Council cordially invites the members of the South Carolina House of Representatives to a reception on Wednesday, March 29, 1989, from 6:00 P.M. to 8:00 P.M. at the Capital City Club, AT&T Building, Gervais and Assembly Streets, Columbia.

We look forward to hosting this event in honor of the South Carolina General Assembly.

Cordially,
William F. Ross
Executive Director

October 24, 1988
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

The SCTMA Plant Managers' Division will hold their 1989 Annual Meeting March 30 - April 1 at The Radisson Hotel in Myrtle Beach, South Carolina. The Division invites all members and their spouses/guests of the House to be their special guests during the meeting. SCTMA and The Radisson Hotel will host all members of the General Assembly Thursday and Friday evenings. In addition to complimentary rooms, several social functions will be included in the weekend activities. We would appreciate your confirming this date on the House calendar.

Kindest regards.

Sincerely,
John G. Beasley
Executive Vice President

The following were received.

February 9, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C.     (Doc. No. 1089E)

House of Representatives

Dear Mrs. McKinney:

Pursuant to Act 176 of 1977, I have received on February 9, 1989 regulations concerning Student Fees from the S.C. Department of Education.

They are hereby referred to the Committee on Education and Public Works for consideration.

Sincerely,
Robert J. Sheheen

February 9, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C.     (Doc. No. 1057)

House of Representatives

Dear Mrs. McKinney:

Pursuant to Act 176 of 1977, I have received on February 9, 1989 regulations concerning Non-Student School Bus Drivers from the S.C. Department of Education.

They are hereby referred to the Committee on Education and Public Works for consideration.

Sincerely,
Robert J. Sheheen

February 3, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C.     (Doc. No. 1051)

House of Representatives

Dear Mrs. McKinney:

Pursuant to Act 176 of 1977, I have received on February 3, 1989 regulations concerning Highway Advertising from the S.C. Department of Highways and Public Transportation.

They are hereby referred to the Committee on Education and Public Works for consideration.

Sincerely,
Robert J. Sheheen

Received as information.

The following was received.

February 13, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C.     (Doc. No. 1064)

House of Representatives

Dear Mrs. McKinney:

The State of South Carolina Department of Labor is this date hereby withdrawing regulations pertaining to Docket No. 1064, Elevator Safety Code. These regulations have been referred to Labor, Commerce and Industry Committee.

Sincerely,
Robert J. Sheheen

Received as information.

The following were received.

February 10, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C.     (Doc. No. 1007)

House of Representatives

Dear Mrs. McKinney:

The State of South Carolina Department of Highways and Public Transportation is hereby withdrawing Regulations 63-600 through 607, "Tandem Trailer Combinations and Other Larger Vehicle Access Control Act" and simultaneously resubmitting them as R63-390 through 397. These regulations were referred to the Committee on Education and Public Works.

Sincerely,
Robert J. Sheheen

February 10, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C.     (Doc. No. 1060)

House of Representatives

Dear Mrs. McKinney:

The State of South Carolina Board of Education is hereby withdrawing and simultaneously resubmitting Regulation 43-246, "Instruction at a Place Other Than School". This Regulation was referred to the Committee on Education and Public Works.

Sincerely,
Robert J. Sheheen

Received as information.

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

H. 3268 -- Rep. Gentry: A BILL TO AMEND SECTION 62-3-603, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOND REQUIREMENTS FOR PERSONAL REPRESENTATIVES IN THE PROBATION OF ESTATES, SO AS TO PROVIDE THAT NO BOND IS REQUIRED IN THE PROBATING OF AN ESTATE WHEN THERE IS A SINGLE BENEFICIARY, AND UNDER INTESTATION, WHEN THERE IS ONLY ONE SURVIVING HEIR.

Ordered for consideration tomorrow.

The following was introduced:

H. 3475 -- Reps. Limehouse, T. Rogers, Wilkes, Kay, Sharpe, Nesbitt, Taylor, Haskins, P. Harris, Waites, M.D. Burriss, R. Brown, Huff, Chamblee, Rama, Cooper and Short: A HOUSE RESOLUTION TO EXPRESS THE OUTRAGE OF THE HOUSE OF REPRESENTATIVES THAT A MEMBER OF THE HOUSE, REPRESENTATIVE E.B. "MAC" McLEOD, JR., HAS BEEN ACCUSED IN THE MEDIA AND BY OTHERS OF LOBBYING FOR THE GSX CORPORATION.

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

The following was introduced:

H. 3476 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE GARY W. POLIAKOFF OF SPARTANBURG COUNTY FOR RECEIVING HIS SECOND PRO BONO LAWYER OF THE YEAR AWARD FROM THE SOUTH CAROLINA BAR ASSOCIATION.

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

The following was introduced:

H. 3477 -- Reps. Blackwell, Farr, Fant, Baker, M.O. Alexander, Mattos, Wilkins, Vaughn and Jaskwhich: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS AND THE NATIONAL WEATHER SERVICE TO KEEP OPEN THE SERVICE'S OFFICE AT GREENVILLE-SPARTANBURG AIRPORT.

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

The following was introduced:

H. 3478 -- Reps. T. Rogers, J. Brown, M.D. Burriss, T.M. Burriss, Corning, Faber, Hearn, McBride, Quinn, Taylor and Waites: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE JOE MORRISON, UNIVERSITY OF SOUTH CAROLINA FOOTBALL COACH.

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

The Senate sent to the House the following:

S. 360 -- Senators Lee, Russell and Horace C. Smith: A CONCURRENT RESOLUTION TO JOIN IN THE CELEBRATION OF ONE HUNDRED YEARS OF EXCELLENCE IN EDUCATION EXEMPLIFIED BY LONE OAK ELEMENTARY SCHOOL IN SPARTANBURG COUNTY.

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

The Senate gent to the House the following:

S. 361 -- Senators Helmly, Courson, Waddell, Setzler, Wilson, Giese, Lourie, Patterson, Shealy, Holland and Martin: A CONCURRENT RESOLUTION COMMEMORATING THE CENTENNIAL OF THE NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS AND CONGRATULATING THE HONORABLE HENRY G. YONCE OF COLUMBIA, SOUTH CAROLINA, FOR SERVING AS PRESIDENT OF THE ASSOCIATION DURING ITS CENTENNIAL YEAR.

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

The Senate sent to the House the following:

S. 362 -- Senator Rose: A CONCURRENT RESOLUTION CONGRATULATING MISS EVELYN MILLS CORY OF THE PRESBYTERIAN HOME IN SUMMERVILLE ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY.

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

The Senate sent to the House the following:

S. 363 -- Senators Shealy, Land, Long, Macaulay, Martschink, Mullinax, O'Dell, Passailaigue, Patterson, Pope, Russell, Setzler, Horace C. Smith, Nell W. Smith, Waddell, Wilson, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Leatherman, Lee, Leventis, Lindsay, Lourie, Martin, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Peeler, Rose, Saleeby, J. Verne Smith, Stilwell, Thomas and Williams: A CONCURRENT RESOLUTION COMMENDING THE SOUTH CAROLINA NATIONAL GUARD FOR ITS COMPETITIVENESS AND ITS TOP RANKING IN THE NATION AND THE NATIONAL GUARD ASSOCIATION OF SOUTH CAROLINA FOR ITS OUTSTANDING WORK.

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

The following was introduced:

H. 3479 -- Reps. Harvin and McLeod: A CONCURRENT RESOLUTION CONGRATULATING THE CLARENDON HALL SAINTS OF CLARENDON COUNTY UPON WINNING THE 1988 SCISAA 2-A STATE CHAMPIONSHIP IN FOOTBALL.

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

Rep. McLELLAN raised a Point of Order on the following Bills that they were inappropriately introduced in the Senate since they were revenue raising measures.

The SPEAKER sustained the Point of Order, and ordered the Bills returned to the Senate.

S. 308 -- Finance Committee: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM SALES TAX THE GROSS PROCEEDS OF SALES AND PURCHASES FOR RESALE BY CERTAIN NONPROFIT ORGANIZATIONS IF THE NET PROCEEDS ARE USED EXCLUSIVELY FOR EXEMPT PURPOSES AND DO NOT INURE TO THE PROFIT OF ANY INDIVIDUAL AND TO EXEMPT THE SAME NONPROFIT ORGANIZATIONS FROM THE RETAIL LICENSE TAX.

S. 306 -- Finance Committee: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE GROSS PROCEEDS OF SALES OF TANGIBLE PERSONAL PROPERTY USED IN A BUSINESS WHEN SOLD PURSUANT TO THE SALE OF THE BUSINESS.

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

H. 3480 -- Rep. Fair: A JOINT RESOLUTION TO DIRECT DR. CHARLIE G. WILLIAMS, STATE SUPERINTENDENT OF EDUCATION, TO INSTRUCT THE COUNTY SUPERINTENDENTS OF EDUCATION TO ADVISE THE PUBLIC SCHOOL TEACHERS OF THE SCHOOL DISTRICTS THAT THEY HAVE THE FREEDOM AND FLEXIBILITY TO SUPPLEMENT THE PRESENT SCIENCE CURRICULUM, TO PROVIDE FOR THE SUPPLEMENT, AND TO PROVIDE FOR THE COUNTY SUPERINTENDENTS TO PROVIDE A LIST OF CERTAIN TEXTBOOKS UPON REQUEST.

Referred to Committee on Education and Public Works.

H. 3481 -- Reps. Lanford, Moss, Limehouse, Cole, Davenport, Haskins, Clyborne, H. Brown and Wofford: A BILL TO AMEND SECTION 44-63-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VITAL STATISTICS, SO AS TO REQUIRE COUNTY CORONERS TO ISSUE BURIAL-REMOVAL-TRANSIT PERMITS FOR VIOLENT AND ACCIDENTAL DEATHS OCCURRING OUTSIDE HOSPITALS, NURSING HOMES, OR OTHER INSTITUTIONS.

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

H. 3482 -- Reps. Winstead, Harvin, Waldrop, Davenport, Haskins, J. Brown, Chamblee and Quinn: A BILL TO AMEND SECTION 40-45-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL THERAPISTS, SO AS TO REVISE THE DEFINITION OF PHYSICAL THERAPY AND DELETE THE DEFINITION OF A PRESCRIPTION; TO AMEND SECTION 40-45-200, RELATING TO THE GROUNDS FOR REFUSAL, SUSPENSION, OR REVOCATION OF THE REGISTRATION OF PHYSICAL THERAPISTS, SO AS TO DELETE THE GROUND PROVIDING FOR THOSE WHO PRACTICE INDEPENDENT OF THE PRESCRIPTION OF A LICENSED DOCTOR OF MEDICINE OR DENTISTRY; AND TO AMEND SECTION 40-45-220, RELATING TO TREATMENT BY PHYSICAL THERAPISTS AND SUPERVISION OF ASSISTANTS, SO AS TO DELETE THE PROVISION THAT A REGISTERED PHYSICAL THERAPIST MAY NOT PRACTICE INDEPENDENT OF THE PRESCRIPTION OF A LICENSED DOCTOR OF MEDICINE OR DENTISTRY.

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

H. 3483 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION COMMISSION, SO AS TO PROVIDE A PROCEDURE FOR DISMISSING A CLAIM WITHOUT PREJUDICE UPON THE OCCURRENCE OF CERTAIN CONDITIONS; TO AMEND SECTION 42-9-30, AS AMENDED, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE THAT PERMANENT DISFIGUREMENT OF THE FACE, HEAD, NECK, OR OTHER AREA NORMALLY EXPOSED IN EMPLOYMENT, RATHER THAN "SERIOUS PERMANENT DISFIGUREMENT" OF THESE PLACES, MUST BE VISIBLE FROM A DISTANCE OF SIX FEET; AND TO AMEND SECTION 42-17-50, RELATING TO REVIEW AND REHEARING BY THE WORKERS' COMPENSATION COMMISSION, SO AS TO CHANGE THE AMOUNT OF THE FEE WHICH MUST ACCOMPANY EACH APPLICATION FOR COMMISSION REVIEW IN ORDER TO DEFRAY THE COSTS OF THE REVIEW.

Without reference.

H. 3484 -- Reps. Waites, Sheheen, Wright, McElveen, Keyserling, Rama, J.C. Johnson, Baxley, Vaughn, G. Brown, Limehouse, T.M. Burriss, Nesbitt, L. Martin, Bennett, Felder, Neilson, Rhoad, Kirsh, McLellan, Haskins, Wilder, T. Rogers, Elliott, Davenport, Wells, P. Harris, Moss, Jaskwhich, J. Rogers, Altman, Foster, J. Harris, Harvin, Mappus, Washington, Hearn, Quinn, Huff, Keegan and M.D. Burriss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 4 SO AS TO PROVIDE PROCEDURES FOR THE CONSOLIDATION OF POLITICAL SUBDIVISIONS; AND TO ADD SECTION 4-9-41 SO AS TO PROVIDE FOR THE JOINT ADMINISTRATION OF FUNCTIONS OF POLITICAL SUBDIVISIONS.

Referred to Committee on Judiciary.

H. 3485 -- Reps. Wilkins, Vaughn and Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-583 SO AS TO PROVIDE FOR REIMBURSEMENT, UP TO ONE THOUSAND DOLLARS, TO CRIMESTOPPERS, INC., FOR MONEY PROVIDED FOR INFORMATION THAT LEADS TO THE ARREST OF INDIVIDUALS AND SUBSEQUENT CONFISCATION AND FORFEITURE OF MONIES IN NARCOTICS INVESTIGATIONS.

Referred to Committee on Ways and Means.

H. 3486 -- Reps. McCain, Fair, J.C. Johnson and Clyborne: A BILL TO AMEND SECTION 59-65-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS EXEMPT FROM THE COMPULSORY SCHOOL ATTENDANCE LAW, SO AS TO DELETE THE EXEMPTION FOR MARRIED PERSONS AND PREGNANT FEMALES AND TO DELETE AN OBSOLETE PROVISION.

Referred to Committee on Education and Public Works.

H. 3487 -- Reps. T.C. Alexander and M.O. Alexander: A BILL TO AMEND SECTION 59-39-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIRED CONTENT OF HIGH SCHOOL DRIVER EDUCATION AND TRAINING PROGRAMS, SO AS TO REVISE THE REQUIRED CONTENT, AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-39-325 SO AS TO PROVIDE THAT SATISFACTORY COMPLETION OF THIS DRIVER EDUCATION COURSE IS A REQUIREMENT FOR A STATE HIGH SCHOOL DIPLOMA FOR ALL STUDENTS GRADUATING DURING OR AFTER THE 1990-91 SCHOOL YEAR.

Referred to Committee on Education and Public Works.

H. 3488 -- Rep. J. Rogers: A BILL TO AMEND SECTION 44-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO ADD TO THE BOARD THE CHAIRMAN OF THE HOUSE MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS COMMITTEE, OR HIS DESIGNEE, AND THE CHAIRMAN OF THE SENATE MEDICAL AFFAIRS COMMITTEE, OR HIS DESIGNEE.

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

H. 3490 -- Reps. Hearn, Hayes, Fair and Wells: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-745 SO AS TO PROVIDE FOR THE SUSPENSION OR DELAY OF THE ISSUANCE OF A DRIVER'S LICENSE TO A PERSON UNDER THE AGE OF TWENTY-ONE CONVICTED OF VIOLATING CERTAIN CRIMES RELATING TO UNLAWFUL PURCHASE, CONSUMPTION, OR POSSESSION OF BEER, WINE, OR ALCOHOLIC LIQUOR.

Referred to Committee on Education and Public Works.

H. 3491 -- Reps. McAbee, Kirsh, McLellan and Boan: A BILL TO REPEAL SECTION 11-9-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE STATE BUDGET AND CONTROL BOARD APPROVE AN INTEREST RATE IN EXCESS OF SEVEN PERCENT A YEAR ON OBLIGATIONS OF PUBLIC BODIES ALLOWED BY LAW TO INCUR DEBT.

Referred to Committee on Ways and Means.

H. 3492 -- Reps. Washington, J. Bailey and Whipper: A BILL TO AMEND SECTION 16-11-311, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BURGLARY IN THE FIRST DEGREE, SO AS TO INCREASE THE MINIMUM DISCRETIONARY FINE FROM FIFTEEN YEARS TO TWENTY-FIVE YEARS; TO AMEND SECTION 16-11-312, RELATING TO BURGLARY IN THE SECOND DEGREE, SO AS TO INCREASE THE MAXIMUM DISCRETIONARY PENALTY FROM FIFTEEN YEARS TO TWENTY-FIVE YEARS; AND TO AMEND SECTION 16-11-313, RELATING TO BURGLARY IN THE THIRD DEGREE, SO AS TO INCREASE THE MAXIMUM IMPRISONMENT TERMS FROM FIVE TO SEVEN YEARS ON A FIRST OFFENSE AND FROM TEN TO TWELVE YEARS ON A SECOND OFFENSE.

Referred to Committee on Judiciary.

H. 3493 -- Rep. Limehouse: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF BROOKFIELD SQUARE TOWNHOMES ASSOCIATED INC. IN DORCHESTER COUNTY.

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

S. 286 -- Senators Rose and Matthews: A BILL TO AMEND ACT 535 OF 1982, AS AMENDED, RELATING TO THE REQUIREMENT THAT MEMBERS OF THE BOARD OF TRUSTEES OF SUMMERVILLE SCHOOL DISTRICT NO. 2 OF DORCHESTER COUNTY MUST BE ELECTED RATHER THAN APPOINTED AND TO PROVIDE THE MANNER IN WHICH THESE TRUSTEES MUST BE ELECTED, SO AS TO DELETE THE LIMITATION ON ANY TRUSTEE SERVING MORE THAN TWO SUCCESSIVE FOUR-YEAR TERMS.

Referred to Dorchester Delegation.

S. 334 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO TEACHER LOAN PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 996, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 335 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PRINCIPAL EVALUATION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1097, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 336 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEACHER INCENTIVE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1062, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 353 -- Senators McGill, Hinds and Land: A BILL TO AMEND SECTION 50-13-1116, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MARKING OF NONGAME FISHING DEVICES, SO AS TO PROVIDE THAT THE REQUIREMENT THAT SET HOOKS MUST HAVE A CERTAIN IDENTIFICATION TAG DOES NOT APPLY IN GAME ZONE NO. 9.

Referred to Committee on Agriculture and Natural Resources.

S. 354 -- Senators Rose, Nell W. Smith, Land, Leatherman, Holland, Helmly, Mitchell, Giese, Gilbert, Wilson, Russell, Leventis, Peeler, Shealy, Long, McConnell, Williams, McLeod, Patterson, Matthews, Passailaigue, Fielding, O'Dell, McGill, Thomas, Bryan, Martschink, Saleeby, Courson, Mullinax, Stilwell, Lindsay, Hinson, Pope, Hinds, Martin, Hayes, Macaulay, Lee, Lourie, Waddell, Moore, Setzler, Drummond, J. Verne Smith and Horace C. Smith: A BILL TO REPEAL SECTION 59-63-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE PUPILS OF ONE RACE ATTENDING THE SCHOOLS PROVIDED BY THE BOARDS OF TRUSTEES FOR PERSONS OF ANOTHER RACE.

Referred to Committee on Education and Public Works.

The following was introduced:

H. 3489 -- Rep. J. Rogers: A CONCURRENT RESOLUTION TO COMMEND MR. AND MRS. HARDEN CREECH OF WALLACE IN MARLBORO COUNTY ON THE OCCASION OF THEIR FIFTY-FIFTH WEDDING ANNIVERSARY.

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

Rep. L. MARTIN moved that when the House adjourns it adjourn to meet at 10:00 A.M. tomorrow, which was agreed to.

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

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barber                 Barfield
Baxley                 Beasley                Bennett
Blackwell              Blanding               Boan
Brown, H.              Brown, J.              Brown, R.
Bruce                  Burch                  Burriss, M.D.
Carnell                Chamblee               Clyborne
Cole                   Cooper                 Corbett
Cork                   Corning                Davenport
Derrick                Faber                  Fair
Fant                   Farr                   Ferguson
Foster                 Glover                 Hallman
Harris, J.             Harris, P.             Harvin
Harwell                Haskins                Hayes
Hearn                  Hendricks              Holt
Huff                   Jaskwhich              Johnson, J.C.
Johnson, J.W.          Kay                    Keegan
Keesley                Keyserling             Kirsh
Klapman                Kohn                   Koon
Lanford                Limehouse              Littlejohn
Manly                  Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McCain                 McEachin               McElveen
McGinnis               McKay                  McLellan
McLeod                 McTeer                 Moss
Neilson                Nesbitt                Nettles
Phillips               Quinn                  Rama
Rhoad                  Rogers, J.             Rogers, T.
Rudnick                Sharpe                 Sheheen
Simpson                Snow                   Stoddard
Taylor                 Townsend               Tucker
Vaughn                 Waites                 Waldrop
Washington             Wells                  Whipper
White                  Wilder                 Wilkes
Wilkins                Williams, D.           Williams, J.
Winstead               Wofford                Wright

I came in after the roll call and was present for the Session on February 14, 1989.

Grady Brown                       Paul Short
T.M. Burriss                      John G. Felder
Jack Gregory                      C. Lenoir Sturkie
Larry Gentry                      James E. Lockemy
D. Elliott

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

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

H. 3123 -- Rep. Baker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-2580 SO AS TO ALLOW THE USE OF SNARES FOR BEAVERS IN WATER-SETS.

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.

H. 3101 -- Rep. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-230 SO AS TO REQUIRE LICENSED HEALTH CARE PROVIDERS TO PROVIDE NOTIFICATION OF THEIR PROCEDURES FOR FILING CLAIMS, REQUIRE CERTAIN ORGANIZATIONS PROVIDING HEALTH CARE TO ACCEPT STANDARDIZED CLAIM FORMS, PROVIDE THAT A DEBTOR MUST BE NOTIFIED BY MAIL OF THE CREDITOR'S INTENTIONS OF SUBMITTING A DEBT TO A CREDIT BUREAU OR CREDIT REPORTING AGENCY, AND PROVIDE A PENALTY FOR VIOLATION.

Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 9, by Rep. WHIPPER.

The amendment was then adopted.

Rep. CORNING proposed the following Amendment No. 2 (Doc. No. 1753U), which was tabled.

Amend the bill, as and if amended, by striking SECTION 2 in its entirety.

Renumber sections to conform.

Amend title to conform.

Rep. CORNING explained the amendment.

Rep. WHIPPER moved to table the amendment, which was agreed to by a division vote of 44 to 19.

Rep. CORNING objected to the Bill.

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

The following Bill was taken up.

H. 3017 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 71 TO TITLE 2 SO AS TO PROVIDE FOR ADDITIONAL LEGISLATIVE MEMBERS ON BOARDS AND COMMISSIONS UNDER THE SUBJECT MATTER JURISDICTION OF THE AGRICULTURE AND NATURAL RESOURCES COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE.

Reps. WAITES and HALLMAN proposed the following Amendment No. 1 (Doc. No. 1691U), which was rejected.

Amend the bill, as and if amended, page 1, by striking line 43 and inserting:

/or subsistence, and these members are ex officio, nonvoting members of the boards or commissions, without exception."/

Amend title to conform.

Rep. WAITES explained the amendment.

Rep. HALLMAN spoke in favor of the amendment.

The amendment was then rejected by a division vote of 37 to 37.

Reps. HEARN, WAITES, JASKWHICH, HUFF, VAUGHN, T. ROGERS, WASHINGTON, RAMA, D. WILLIAMS, KEYSERLING and HALLMAN objected to the Bill.

Rep. WILKINS moved to adjourn debate upon the following Bill until the end of the uncontested calendar, which was adopted.

H. 3135 -- Reps. P. Harris, J. Harris and Carnell: A BILL TO AMEND SECTION 44-52-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY COMMITMENT TO ALCOHOL AND DRUG ABUSE FACILITIES, SO AS TO PROVIDE THAT THE COURT, UPON REQUEST, MAY ORDER A PETITIONER FOR THE EMERGENCY COMMITMENT, IF A FAMILY MEMBER, TO COOPERATE WITH AND PARTICIPATE IN THE TREATMENT PROCESS.

The following Bill was taken up.

H. 3388 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-135 SO AS TO PROVIDE THAT THE SEPARATELY MAINTAINED HEALTH INSURANCE AND DENTAL INSURANCE ACCOUNTS IN THE STATE TREASURY MAY BE COMMINGLED FOR THE PURPOSES OF PAYING CLAIMS.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 1690U), which was adopted.

Amend the bill, as and if amended, by striking Section 11-9-135 as contained in SECTION 1 and inserting:

/Section 11-9-135. The health insurance and dental insurance accounts maintained separately in the State Treasury may be commingled for the purpose of paying clams but a reserve must be maintained in the Dental Insurance Account of not less than an average of one and one-half month's claims on that account./

Amend title to conform.

Rep. McLELLAN explained the amendment.

The amendment was then adopted.

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

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

H. 3393 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SCREENING FOR INBORN METABOLIC ERRORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 856, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. BAKER explained the Joint Resolution.

S. 130 -- Senators Bryan, Peeler and Hayes: A BILL TO AMEND SECTION 44-52-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY COMMITMENT TO ALCOHOL AND DRUG ABUSE FACILITIES, SO AS TO PROVIDE THAT THE COURT, UPON REQUEST, MAY ORDER A PETITIONER FOR THE EMERGENCY COMMITMENT, IF A FAMILY MEMBER, TO COOPERATE WITH AND PARTICIPATE IN THE TREATMENT PROCESS.

Rep. SHORT explained the Bill.

H. 3429 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO COMPLAINTS OF DISCRIMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 999, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. LANFORD explained the Joint Resolution.

H. 3430 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 990, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3431 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO MINIMUM STANDARDS FOR LICENSING HOME HEALTH AGENCIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1058, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3432 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CRIME VICTIMS' COMPENSATION FUND, RELATING TO LEGAL FEES, DIRECT AWARD, SAME HOUSEHOLD, AND AGE OF CONSENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1009, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 221 -- Judiciary Committee: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIMA FACIE EVIDENCE OF FRAUDULENT INTENT IN DRAWING A CHECK AND DETERMINATION OF PROBABLE CAUSE FOR PROSECUTION, SO AS TO ADD A PROVISION REQUIRING A SERVICE CHARGE PAYABLE BY THE DRAWER OF A DRAFT, CHECK, OR OTHER WRITTEN ORDER TO THE PAYEE OF THE INSTRUMENT WHEN IT IS PRESENTED FOR PAYMENT IN WHOLE OR IN PART OF ANY DEBT EXISTING AT THAT TIME.

Rep. WILKINS explained the Bill.

The following Bill was taken up.

H. 3326 -- Reps. Sheheen, McElveen, Hallman and McLeod: A BILL TO AMEND SECTION 44-56-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS REGARDING HAZARDOUS WASTE, SO AS TO PROHIBIT THE TREATMENT, STORAGE, OR DISPOSAL OF HAZARDOUS WASTE IN THIS STATE GENERATED IN ANOTHER STATE WHICH PROHIBITS THE TREATMENT, STORAGE, OR DISPOSAL OF THAT SUBSTANCE WITHIN ITS OWN BORDERS.

Rep. SHARPE moved to adjourn debate upon the Bill until Thursday, February 16.

Rep. McLEOD moved to table the motion, which was not agreed to by a division vote of 8 to 54.

The question then recurred to the motion to adjourn until Thursday, February 16, which was agreed to.

The following Bill was taken up.

H. 3419 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-63-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR CHILDREN TO ATTEND PUBLIC SCHOOL, SO AS TO DELETE THE PROVISION ALLOWING ATTENDANCE IN A DISTRICT IF THE CHILD OWNS CERTAIN REAL ESTATE AND TO PROVIDE FOR THE CHILDREN ATTENDING SCHOOL PURSUANT TO THAT PROVISION ON THIS ACT'S EFFECTIVE DATE.

Rep. McGINNIS explained the Bill.

Reps. TAYLOR, BLANDING and McLEOD objected to the Bill.

The following Bill was taken up.

H. 3030 -- Rep. McAbee: A BILL TO AMEND CHAPTER 1, TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-1-160 SO AS TO PROVIDE THAT IF A COUNTY BY CONTRACT AUTHORIZES A PRIVATE ENTITY TO OPERATE A COUNTY HEALTH CARE FACILITY, THE CONTRACT ALSO MAY REQUIRE THE PRIVATE ENTITY TO IMPLEMENT GRIEVANCE PROCEDURES FOR THE EMPLOYEES OF THE FACILITY, AND THESE GRIEVANCE PROCEDURES APPLY TO THESE EMPLOYEES REGARDLESS OF WHETHER OR NOT THEY ARE CONSIDERED COUNTY EMPLOYEES.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 1502U), which was adopted.

Amend the bill, as and if amended, in Section 4-1-160 of the 1976 Code, as contained in SECTION 1, by adding the following at the end of the section:

/Nothing in this section may be construed to apply to existing contracts between the governing body of a county and a private entity operating the county health care facility, without the express and written consent of both the county and the private entity./

When amended, Section 4-1-160 of the 1976 Code shall read:

/Section 4-1-160. If the governing body of a county enters into a contract with a private entity to have the entity operate a county health care facility, the governing body of the county in the contract also may require the private entity to implement and be responsible for grievance procedures for employees of the facility regardless of whether or not these employees are considered county employees. In this event, the grievance procedures implemented by the private entity apply to those employees and not any other grievance procedures which otherwise may be applicable to county employees.

Nothing in this section may be construed to apply to existing contracts between the governing body of a county and a private entity operating the county health care facility, without the express and written consent of both the county and the private entity./

Amend title to conform.

Rep. BAKER explained the amendment.

The amendment was then adopted.

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

Rep. T. ROGERS moved to adjourn debate upon the following Bill until Tuesday, February 21, which was adopted.

H. 3122 -- Reps. Hayes, Fair, Huff, Haskins, McCain, Felder, Beasley, Corning, Sturkie, Davenport, Wells, Cole, Littlejohn, Lanford, Corbett, Wright, Rama, McGinnis, L. Martin, McElveen, Derrick, Koon and Klapman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 44-41-31 THROUGH 44-41-38 SO AS TO PROVIDE REQUIREMENTS THAT MUST BE FOLLOWED BEFORE PERFORMING AN ABORTION UPON A MINOR AND TO PERMIT A MINOR TO PETITION THE FAMILY OR CIRCUIT COURT FOR AN ORDER GRANTING AN ABORTION; AND TO AMEND SECTIONS 44-41-10, 44-41-30, AND 44-41-70, RELATING TO ABORTIONS, SO AS TO DEFINE "MINOR" AND "EMANCIPATED MINOR", REDEFINE "ABORTION", DELETE PROVISIONS RELATING TO WHAT CONSTITUTES CONSENT FROM CERTAIN PERSONS BEFORE THE PERFORMANCE OF AN ABORTION, AND PROVIDE PENALTIES FOR VIOLATIONS.

The following Bill was taken up.

H. 3355 -- Rep. Blackwell: A BILL TO AMEND SECTION 26-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENDORSEMENTS ON NOTARY PUBLIC APPLICATIONS, SO AS TO PROVIDE AN ADDITIONAL METHOD BY WHICH A COUNTY LEGISLATIVE DELEGATION SHALL ENDORSE THESE APPLICATIONS, AND TO PROVIDE THAT A COUNTY LEGISLATIVE DELEGATION SHALL NOTIFY THE SECRETARY OF STATE OF THE METHOD OF ENDORSEMENT IT CHOOSES TO UTILIZE.

Rep. CARNELL proposed the following Amendment No. 1 (Doc. No. 1759U), which was adopted.

Amend the bill, as and if amended, in Section 26-1-20 of the 1976 Code, as contained in SECTION 1, page 1, lines 37 and 38, by striking /of the method to be used/ and inserting /if it chooses to utilize method (2)/.

Amend title to conform.

Rep. BLACKWELL explained the amendment.

The amendment was then adopted.

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

The following Bill was taken up.

H. 3099 -- Rep. Hayes: A BILL TO AMEND SECTION 38-53-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SURRENDER OF A DEFENDANT WHEN THE SURETY HOLDING THE BOND WISHES TO REMOVE THE BOND, SO AS TO PROVIDE FOR A HEARING BEFORE A JUDICIAL OFFICER BEFORE THE DEFENDANT'S RECOMMITMENT TO CUSTODY.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1219U), which was adopted.

Amend the bill, as and if amended, in SECTION 1, line 1, by striking /The first paragraph of/; on line 6 by striking /proper judicial officer/ and inserting /court before which the defendant has been held to answer or the court in which the preliminary examination, warrant, indictment, information, or appeal is pending/; and by inserting after the last line of the section.

/Upon the presentation of the copy of the undertaking and the certificate of the official, the court before which the defendant has been held to answer or the court in which the preliminary examination, warrant, indictment, information, or appeal is pending, upon notice of three days given by the person making the surrender to the prosecuting officer of the court having jurisdiction of the offense, together with a copy of the undertakings and certificate, shall order that the obligors be exonerated from liability of their undertakings. If money or bonds have been deposited as bail, the money or bonds must be refunded./

When amended SECTION 1 shall read:

/SECTION I. Section 38-53-50 of the 1976 Code, as last amended by Act 155 of 1987, is further amended to read:

/The person desiring to make a surrender of the defendant surety shall take the defendant before the court before which the defendant has been held to answer or the court in which the preliminary examination, warrant, indictment, information, or appeal is pending to obtain a copy of the undertaking commitment order and deliver it together with the defendant to the official in whose custody the defendant was at the time bail was taken or to the official into whose custody he would have been given had he been committed. The official shall detain the defendant in his custody and by a certificate in writing acknowledge the surrender.

Upon the presentation of the copy of the undertaking and the certificate of the official, the court before which the defendant has been held to answer or the court in which the preliminary examination, warrant, indictment, information, or appeal is pending, upon notice of three days given by the person making the surrender to the prosecuting officer of the court having jurisdiction of the offense, together with a copy of the undertakings and certificate, shall order that the obligors be exonerated from liability of their undertakings. If money or bonds have been deposited as bail, the money or bonds must be refunded./

Amend title to conform.

Rep. HAYES explained the amendment.

The amendment was then adopted.

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

Rep. WHIPPER, with unanimous consent, made a statement relative to the S.C. Human Affairs Commission Report.

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

The Senate returned to the House with concurrence the following:

H. 3476 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE GARY W. POLIAKOFF OF SPARTANBURG COUNTY FOR RECEIVING HIS SECOND PRO BONO LAWYER OF THE YEAR AWARD FROM THE SOUTH CAROLINA BAR ASSOCIATION.

H. 3478 -- Reps. T. Rogers, J. Brown, M,D. Burriss, T.M. Burriss, Corning, Faber, Hearn, McBride, Quinn, Taylor and Waites: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE JOE MORRISON, UNIVERSITY OF SOUTH CAROLINA FOOTBALL COACH.

H. 3479 -- Reps. Harvin and McLeod: A CONCURRENT RESOLUTION CONGRATULATING THE CLARENDON HALL SAINTS OF CLARENDON COUNTY UPON WINNING THE 1988 SCISAA 2-A STATE CHAMPIONSHIP IN FOOTBALL.

H. 3489 -- Rep. J. Rogers: A CONCURRENT RESOLUTION TO COMMEND MR. AND MRS. HARDEN CREECH OF WALLACE IN MARLBORO COUNTY ON THE OCCASION OF THEIR FIFTY-FIFTH WEDDING ANNIVERSARY.

At 1:05 P.M. the House in accordance with the motion of Rep. WILKINS adjourned to meet at 10:00 A.M. tomorrow.

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