South Carolina General Assembly
108th Session, 1989-1990
Journal of the House of Representatives

THURSDAY, MARCH 9, 1989

Thursday, March 9, 1989
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

O God our Father, in the quietness of this place and at this reverent period of prayer, make our resolution sincere and determined to dedicate our lives to the highest and the best. Be to us more than a name, more than a distant deity, but rather a quickening presence, a sustaining power always "nearer to us than breathing and closer to us than hands and feet". Help us to distinguish between the wise and the expedient, what is right from what is cunning. Keep us calm and confident, dependable and just, possessed with an abiding trust in an ever present and all sufficient God.

In Jesus' 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.

CONCURRENT RESOLUTION

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

H. 3649 Reps. White and Whipper: A CONCURRENT RESOLUTION TO PAY TRIBUTE AND TO RECOGNIZE THE HISTORICAL SIGNIFICANCE AND TREMENDOUS CONTRIBUTIONS OF "PENN CENTER" LOCATED ON ST. HELENA ISLAND IN BEAUFORT COUNTY.

Whereas, Penn Center was established in 1862 in the backroom of a plantation house as the first school for newly freed slaves during the Civil War; and

Whereas, freed slaves contributed a large tract of land and the Pennsylvania Freedman's Association provided the first formal schoolhouse, Penn grew over the years to include a fully developed fifty acre campus constructed by its students and a motto "Education Toward Self Help" and a curriculum including carpentry, nursing, food and home care, sewing, printing, and farming; and

Whereas, Penn graduates have become teachers, ministers, doctors, social workers, farmers, and business people throughout the State of South Carolina and the nation; and

Whereas, in 1948, Beaufort County announced plans for a public school for the residents of St. Helena Island and Penn announced its last graduating class and an appropriate new thrust as a community center to teach economic development, environmental and land planning and retention, child care, and other programs engendering self-reliance among rural blacks; and

Whereas, in 1974, Penn Center was recognized as one of South Carolina's three historic landmark districts; and

Whereas, in 1987, Penn Center's Board of Directors restated the institution's mission "To preserve the sea island's history, culture, and environment by serving as a local, national, and international resource center and catalyst for the development of programs for self-sufficiency; and

Whereas, the citizens of Beaufort County and the State of South Carolina currently are engaged in an effort to revitalize the Penn Center campus and expand programs to fulfill this mission; and

Whereas, it is fitting that we take this time to pay honor and tribute to this lasting legacy of our State.
Now, therefore,

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

That the members of the General Assembly endorse and support this effort by paying tribute and recognizing the historical significance and tremendous contributions of "Penn Center" located St. Helena Island in Beaufort County.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3650 -- Reps. McBride, J. Brown, M.D. Burriss, T.M. Burriss, Corning, Faber, Hearn, Quinn, T. Rogers, 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 MR. HARRELL P. STEPHENSON OF COLUMBIA.

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

CONCURRENT RESOLUTION

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

H. 3651 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hayes, Hearn, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Lockemy, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Sheheen, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION THANKING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, CENTER FOR HEALTH PROMOTION, FOR TAKING THE TIME TO PROVIDE A CARDIOVASCULAR HEALTH CHECK IN THE LOWER LOBBY OF THE STATE HOUSE ON WEDNESDAY, MARCH 8, 1989.

Whereas, the Department of Health and Environmental Control, Center for Health Promotion, provided the General Assembly with a "Cardiovascular Health Check" in the lower lobby of the State House on Wednesday, March 8, 1989; and

Whereas, the Cardiovascular Health Check offered the members of the General Assembly an excellent opportunity to find out where they stand "health-wise" and to learn more about ways to prolong their lives; and

Whereas, the members of the General Assembly are deeply appreciative of this wonderful service and grateful for the chance to learn more about improving their health. 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, thanks the Department of Health and Environmental Control, Center for Health Promotion, for taking the time to provide a "Cardiovascular Health Check" in the lower lobby of the State House on Wednesday, March 8, 1989.

Be it further resolved that a copy of this resolution be forwarded to the Commissioner of the Department of Health and Environmental Control, Mr. Michael D. Jarrett.

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

INTRODUCTION OF BILLS

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

H. 3652 -- Reps. Beasley, Keegan, Farr, Simpson, Jaskwhich, Faber, Kay, Nesbitt, Altman, J.C. Johnson, Phillips, Fair, Townsend, Wright, D. Williams, Fant and McGinnis: A BILL TO AMEND SECTION 56-5-2940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS OF SECTION 56-5-2930 (DUI), SO AS TO INCREASE THE FINE PENALTY FOR A FIRST OFFENSE CONVICTION AND PERMIT THE COURT TO ORDER THE SERVICE OF PUBLIC SERVICE, TO DELETE THE PROVISION WHICH ALLOWS THE SERVICE OF IMPRISONMENT AT TIMES WHEN THE PERSON CONVICTED IS NOT AT WORK, AND TO PROVIDE FOR A THIRTY DAY DRIVER'S LICENSE SUSPENSION; TO AMEND SECTION 56-1-1320, AS AMENDED, RELATING TO PROVISIONAL DRIVERS' LICENSES, SO AS TO PROVIDE THAT A PERSON MAY NOT OBTAIN A PROVISIONAL LICENSE UNTIL FORTY-FIVE DAYS AFTER HIS CONVICTION; TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO TESTS OF BREATH, BLOOD, OR URINE TO DETERMINE PRESENCE OF ALCOHOL OR DRUGS, SO AS TO CHANGE REFERENCES TO BREATHALYZER TO BREATH ANALYSIS, TO INCREASE THE DRIVER'S LICENSE SUSPENSION OR DENIAL FOR A PERSON WHO REFUSES TO SUBMIT TO SUCH A TEST FROM NINETY TO ONE HUNDRED TWENTY DAYS, TO PROVIDE THAT IF A PERSON SUBMITS TO SUCH A TEST AND THE TEST PROVES THAT HE HAS MORE THAN THE LAWFUL AMOUNT OF ALCOHOL OR DRUGS IN HIS SYSTEM THE PERIOD OF SUSPENSION OR DENIAL IS NINETY DAYS, TO PROVIDE FOR THE IMMEDIATE CONFISCATION OF THE DRIVER'S LICENSE OR PERMIT OF A PERSON WHO REFUSES SUCH A TEST OR WHO TESTS AS HAVING MORE THAN A LAWFUL AMOUNT OF ALCOHOL OR DRUGS IN HIS SYSTEM BY THE ARRESTING OFFICERS AND TO PROVIDE THAT THE NOTICE AND ORDER WHICH IS GIVEN TO THE PERSON AT THE TIME OF CONFISCATION SERVES AS A TEMPORARY TEN-DAY LICENSE, TO PROVIDE FOR A REVIEW OF THE NOTICE AND ORDER BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION IF REQUESTED WITHIN THE TEN-DAY PERIOD, TO PROVIDE A PROCEDURE FOR THE ADMINISTRATIVE REVIEW AS IT APPLIES TO A REFUSAL BY A PERSON TO SUBMIT TO A TEST OR TO A PERSON FOUND TO HAVE HAD MORE THAN A LAWFUL AMOUNT OF ALCOHOL IN HIS SYSTEM; TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-2951 SO AS TO MAKE IT UNLAWFUL FOR A PERSON BETWEEN THIRTEEN AND TWENTY-ONE YEARS OF AGE TO OPERATE A MOTOR VEHICLE AT A TIME WHEN TWO ONE-HUNDREDTHS OF ONE PERCENT BY WEIGHT OF ALCOHOL IS IN THE PERSON'S BLOOD; TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-2956 SO AS TO PROVIDE THAT A PERSON INVOLVED IN AN ACCIDENT RESULTING IN DEATH TO ANOTHER PERSON MAY BE COMPELLED TO SUBMIT TO BLOOD, BREATH, OR URINE TESTS; TO AMEND SECTION 17-7-80, RELATING TO CORONERS, SO AS TO PROVIDE A PROCEDURE FOR TESTS FOR THE PRESENCE OF ALCOHOL IN THE BLOOD OF A DRIVER, PASSENGER, PEDESTRIAN, SWIMMER, OR BOAT OCCUPANT DYING IN AN ACCIDENT; TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-745 SO AS TO PROVIDE FOR THE SUSPENSION OR DELAY OF ISSUANCE OF A DRIVER'S LICENSE OF A PERSON CONVICTED OF ACTS WHICH PERSONS AT LEAST THIRTEEN YEARS OF AGE AND UNDER TWENTY-ONE YEARS OF AGE ARE PROHIBITED FROM PERFORMING; TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO SUSPENSION OF DRIVERS' LICENSES FOR VIOLATIONS OF SECTION 56-5-2930 (DUI), SO AS TO PROVIDE THAT FOR A FIRST OFFENSE CONVICTION OF A PERSON UNDER THE AGE OF TWENTY-ONE THE SUSPENSION IS FOR ONE YEAR; TO AMEND CHAPTER 1 OF TITLE 56 BY ADDING ARTICLE 11 SO AS TO PROVIDE FOR THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON WHO PURCHASES BEER OR WINE FOR A PERSON WHO MAY NOT LAWFULLY PURCHASE IT OR WHO TRANSFERS OR GIVES SUCH A PERSON BEER, WINE, OR ALCOHOLIC BEVERAGES; TO AMEND THE 1976 CODE BY ADDING SECTION 61-13-837 SO AS TO REQUIRE VIOLATIONS OF SECTION 61-9-50, 61-9-60, 61-13-287, 20-7-370, OR 20-7-380 TO BE REPORTED TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION; TO AMEND SECTIONS 56-1-40, 56-1-50, AND 56-1-180, RELATING TO ISSUANCE OF DRIVERS' LICENSES, BEGINNERS' PERMITS, AND SPECIAL RESTRICTED LICENSES, SO AS TO INCREASE THE AGE WHEN A PERSON MAY OBTAIN A LICENSE FROM SIXTEEN TO SEVENTEEN, OBTAIN A BEGINNERS' OR INSTRUCTION PERMIT FROM FIFTEEN TO SIXTEEN, OR OBTAIN A SPECIAL RESTRICTED LICENSE FROM FIFTEEN TO SIXTEEN YEARS, SIX MONTHS; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO SPEED LIMITS, SO AS TO INCREASE THE PENALTIES FOR EXCEEDING THE LIMITS AND TO PROVIDE THAT THE PENALTY FOR EXCEEDING THE POSTED LIMIT BY TWENTY-FIVE MILES AN HOUR OR MORE INCLUDES A DRIVER'S LICENSE SUSPENSION FOR THIRTY DAYS, AND TO PROVIDE THAT A PORTION OF FINES FOR SPEEDING PAID TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MUST BE USED FOR MORE EXTENSIVE PATROL OF SECONDARY ROADS; TO AMEND SECTIONS 22-3-540 AND 22-3-550, RELATING TO MAGISTRATES, SO AS TO INCREASE THEIR CRIMINAL JURISDICTION FROM A FINE OF NOT EXCEEDING ONE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS TO A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT MORE THAN FORTY-FIVE DAYS, OR BOTH; TO AMEND SECTION 56-1-520, RELATING TO JURISDICTION OF RECORDERS AND MUNICIPAL COURTS, SO AS TO PROVIDE THAT THEY HAVE THE SAME JURISDICTION AS MAGISTRATES IN VIOLATIONS INVOLVING DRIVERS' LICENSES; TO AMEND SECTION 56-10-270, AS AMENDED, RELATING TO THE UNLAWFUL OPERATION OF AN UNINSURED MOTOR VEHICLE, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS AND TO PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN TEN YEARS IMMEDIATELY PRECEDING THE DATE OF THE LAST VIOLATION CONSTITUTE PRIOR CONVICTIONS; TO AMEND SECTIONS 56-9-340, 56-10-240, AND 56-10-260, ALL AS AMENDED, RELATING TO RETURN OF LICENSE PLATES AND REGISTRATIONS FOR NONCOMPLIANCE WITH THE FINANCIAL RESPONSIBILITY ACT AND MAKING FALSE CERTIFICATION IN REGARD TO INSURANCE, SO AS TO INCREASE THE PENALTY FOR FAILURE TO RETURN THEM AND FOR FALSE CERTIFICATION AND TO PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN TEN YEARS IMMEDIATELY PRECEDING THE DATE OF THE LAST VIOLATION CONSTITUTE PRIOR CONVICTIONS; TO AMEND SECTION 56-10-250, RELATING TO SELLING TO A FAMILY MEMBER A MOTOR VEHICLE WHOSE REGISTRATION AND LICENSE PLATES HAVE BEEN SUSPENDED, SO AS TO INCREASE PENALTIES FOR VIOLATIONS AND TO PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN TEN YEARS IMMEDIATELY PRECEDING THE DATE OF THE LAST VIOLATION CONSTITUTE PRIOR CONVICTIONS; TO AMEND SECTION 56-1-350, RELATING TO RETURN TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION OF SUSPENDED, CANCELLED, OR REVOKED DRIVERS' LICENSES, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 56-1-450 AND 56-1-460, AS AMENDED, RELATING TO DRIVING UNDER SUSPENSION, SO AS TO INCREASE THE PENALTIES; TO AMEND SECTION 56-1-1100, AS AMENDED, RELATING TO HABITUAL OFFENDERS, SO AS TO PROVIDE THAT A DRIVER'S LICENSE MAY NOT BE ISSUED OR REINSTATED TO A HABITUAL OFFENDER UNTIL FIVE YEARS AFTER THE EXPIRATION OF THE SUSPENSION TERM; TO AMEND SECTION 56-5-2775, RELATING TO SCHOOL BUSES, SO AS TO INCREASE THE PENALTIES FOR FAILURE TO STOP FOR THEM AND TO PROVIDE FOR A COURT TO ORDER PUBLIC SERVICE EMPLOYMENT; TO AMEND SECTION 56-1-720, AS AMENDED, RELATING TO THE POINT SYSTEM FOR VIOLATIONS OF MOVING VIOLATIONS, SO AS TO PROVIDE A SIX-POINT ASSESSMENT FOR DRIVING THROUGH, AROUND, OR UNDER A CLOSED RAILROAD CROSSING GATE OR BARRIER; TO AMEND SECTION 56-5-2715, RELATING TO HIGHWAY GRADE CROSSINGS AND RAILROAD SIGNS, SO AS TO PROVIDE PENALTIES FOR FAILURE TO STOP AT THEM; TO AMEND SECTION 56-5-2920, RELATING TO RECKLESS DRIVING, SO AS TO INCREASE PENALTIES AND PROVIDE A THIRTY-DAY DRIVER'S LICENSE SUSPENSION FOR CONVICTION OF A FIRST OFFENSE AND TO PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN TEN YEARS IMMEDIATELY PRECEDING THE DATE OF THE LAST VIOLATION CONSTITUTE PRIOR CONVICTIONS; TO AMEND SECTION 56-7-10, AS AMENDED, RELATING TO UNIFORM TRAFFIC TICKETS, SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL PROMULGATE PROCEDURES RELATIVE TO THEM; TO AMEND SECTION 56-5-6190, RELATING TO THE GENERAL PENALTY FOR VIOLATIONS OF TRAFFIC REGULATIONS, SO AS TO INCREASE THE FINE PENALTY FROM NOT MORE THAN ONE HUNDRED DOLLARS TO NOT MORE THAN TWO HUNDRED DOLLARS; TO AMEND SECTION 56-5-2910, RELATING TO RECKLESS HOMICIDE, SO AS TO PROVIDE FOR MANDATORY IMPRISONMENT OF A PERSON CONVICTED OF THE CRIME; TO AMEND SECTION 56-1-1020, RELATING TO HABITUAL OFFENDERS, SO AS TO PROVIDE AS A GROUND FOR DECLARING A PERSON A HABITUAL OFFENDER, DRIVING UNDER SUSPENSION FOR THE COMMISSION OF ANY CRIME; AND TO REPEAL SECTIONS 56-1-463, 56-1-465, 56-7-20, 56-7-30, AND 56-7-40 RELATING TO LACK OF NOTICE OF PAYMENT OF FINES OR PENALTIES AND NOTICE OF SUSPENSIONS AND UNIFORM TRAFFIC TICKETS.

Referred to Committee on Judiciary.

H. 3653 -- Rep. Stoddard: A BILL TO AMEND SECTIONS 16-23-10 AND 23-31-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR THE PURPOSE OF THE REGULATION OF PISTOLS, SO AS TO REVISE THE TERM "CRIME OF VIOLENCE."

Referred to Committee on Judiciary.

H. 3654 -- Reps. Rudnick, J.C. Johnson, Elliott, Keegan, Davenport, D. Williams and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-385 SO AS TO PROVIDE THAT A DEED EXECUTED BY A MASTER-IN-EQUITY DURING A FORECLOSURE PROCEEDING IS SUBJECT TO THE DOCUMENTARY STAMP TAX, AND TO PROVIDE THAT THIS TAX MUST BE PAID BY THE PARTY TO WHOM THE MASTER EXECUTES THE DEED.

Referred to Committee on Ways and Means.

H. 3655 -- Reps. McLeod, Felder and Moss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-15 SO AS TO PROVIDE THAT PETROLEUM PRODUCTS MAY BE STORED ABOVE GROUND.

Referred to Committee on Agriculture and Natural Resources.

H. 3656 -- Reps. Hearn, Waites, Whipper, J. Bailey and T.M. Burriss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-155 SO AS TO ALLOW ADOPTIVE PARENTS EMPLOYED BY THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS TO USE ACCRUED LEAVE FOR THE PURPOSES OF ARRANGING FOR THE ADOPTED CHILD'S PLACEMENT OR CARING FOR THE CHILD AFTER PLACEMENT.

Referred to Committee on Ways and Means.

H. 3657 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-9-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION FOR THE DEATH OF AN EMPLOYEE DUE TO AN ACCIDENT, SO AS TO PROVIDE FOR A MINIMUM WEEKLY PAYMENT OF NOT LESS THAN SEVENTY-FIVE DOLLARS A WEEK, RATHER THAN NOT LESS THAN TWENTY-FIVE DOLLARS A WEEK.

Referred to Committee on Labor, Commerce and Industry.

H. 3658 -- Rep. Wilkins: A BILL TO AMEND SECTION 16-3-1130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIM'S COMPENSATION FUND, SO AS TO REQUIRE THE DEPUTY DIRECTOR OF THE FUND TO ISSUE A WRITTEN DECISION REGARDING A CLAIM AND FURNISH THE CLAIMANT WITH A COPY; TO AMEND SECTION 16-3-1210, RELATING TO PERSONS ELIGIBLE FOR AWARDS FROM THE FUND, SO AS TO ALLOW RESIDENTS OF THIS STATE TO FILE FOR BENEFITS IF INJURED BY A CRIME COMMITTED OUT OF STATE AND TO REDUCE THE AWARD BY AMOUNTS PAID BY THE OTHER STATE; TO AMEND SECTION 16-3-1220, RELATING TO PERSONS INELIGIBLE FOR AWARDS, SO AS TO FURTHER PROVIDE FOR THOSE PERSONS; TO AMEND SECTION 16-3-1230, RELATING TO CLAIMS FILED ON BEHALF OF MINORS OR INCOMPETENTS AND THE TIME LIMITATIONS FOR FILING CLAIMS, SO AS TO REVISE AND FURTHER PROVIDE FOR THESE TIME LIMITATIONS AND TO CHANGE THE NAME OF THE SOUTH CAROLINA VICTIM'S COMPENSATION FUND TO THE STATE OFFICE OF VICTIM ASSISTANCE AND TO CHANGE THE NAME OF THE SOUTH CAROLINA CRIME VICTIM'S ADVISORY BOARD TO THE SOUTH CAROLINA ADVISORY BOARD FOR VICTIM ASSISTANCE EFFECTIVE JULY 1, 1989.

Referred to Committee on Judiciary.

H. 3659 -- Reps. Waites, Faber, McBride, Whipper, Farr, Jaskwhich, Manly, Barber, Davenport, Ferguson, McLeod, Taylor, M.O. Alexander, J. Bailey, Rhoad, Washington, McKay, Felder, Neilson, Glover, Moss, T.C. Alexander, Quinn, Burch, Wilder, Vaughn, R. Brown, Elliott, T. Rogers, Cole, Littlejohn, Phillips, Foster, Snow, Altman and J. Rogers: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY HOMELESSNESS IN THIS STATE, AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE TASK FORCE.

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

H. 3661 -- Reps. Wright and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 48 SO AS TO ENACT THE "STORMWATER MANAGEMENT AND SEDIMENT REDUCTION ACT" AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO REPEAL CHAPTER 13, TITLE 48 OF THE 1976 CODE, RELATING TO COUNTY SEDIMENT CONTROL PROGRAMS, AND TO DIRECT THE SOUTH CAROLINA LAND RESOURCES CONSERVATION COMMISSION TO PROMULGATE REGULATIONS.

Referred to Committee on Agriculture and Natural Resources.

H. 3662 -- Rep. Harvin: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE INSURANCE LAWS OF THIS STATE, SO AS TO INCLUDE "JOB PROTECTION INSURANCE" IN THE DEFINITION OF "CASUALTY INSURANCE", TO SET FORTH WHAT JOB PROTECTION INSURANCE DOES NOT APPLY TO, TO EXEMPT INDIVIDUALS WHO SOLICIT JOB PROTECTION INSURANCE ON BEHALF OF CERTAIN INSURANCE CARRIERS FROM HAVING TO TAKE AND PASS A WRITTEN EXAMINATION IN ORDER TO BE LICENSED, AND TO PROVIDE THAT COVERAGES PROVIDED UNDER THIS TYPE OF INSURANCE ARE NOT SUBJECT TO GUARANTY FUNDS UNLESS SPECIFICALLY INDICATED IN THE LAWS GOVERNING THOSE FUNDS.

Referred to Committee on Labor, Commerce and Industry.

H. 3663 -- Reps. McEachin, R. Brown, McKay, Nettles, Glover and Harwell: A BILL TO AMEND SECTION 50-9-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POINT SYSTEM FOR HUNTING AND FISHING VIOLATIONS, SO AS TO INCREASE THE POINTS ASSESSED FOR TRAPPING, NETTING, OR SEINING GAME FISH ILLEGALLY.

Referred to Committee on Agriculture and Natural Resources.

H. 3664 -- Reps. McEachin, R. Brown, McKay, Nettles, Glover and Harwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-61 SO AS TO PROVIDE THAT THE WILDLIFE AND MARINE RESOURCES DEPARTMENT MAY OPEN AND CLOSE SEASONS FOR FISHING AND SET CREEL AND SIZE LIMITS ON FISH ON THE LITTLE PEE DEE AND GREAT PEE DEE RIVERS.

Referred to Committee on Agriculture and Natural Resources.

CONCURRENT RESOLUTION

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

H. 3660 -- Reps. Stoddard, Clyborne, D. Martin and McAbee: A CONCURRENT RESOLUTION TO FIX TWELVE O'CLOCK NOON ON WEDNESDAY, MARCH 15, 1989, AS THE TIME FOR ELECTING A MEMBER OF THE BOARD OF VISITORS FOR THE CITADEL TO FILL THE UNEXPIRED PORTION OF THE TERM OF A MEMBER VACANCY.

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

That the House of Representatives and the Senate meet in joint assembly in the hall of the House of Representatives at twelve o'clock noon on Wednesday, March 15, 1989, for the purpose of electing a member of the Board of Visitors for the Citadel to fill the unexpired portion of the term of a member vacancy.

Rep. STODDARD explained the Resolution.

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

ROLL CALL

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

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

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on March 9, 1989.

Tom Limehouse                     John Felder
Ken Bailey                        Thomas E. Huff
Juanita M. White                  C. Lenoir Sturkie
Robert A. Kohn                    Denny W. Neilson
Steve Lanford                     Larry Koon
Total Present--118

STATEMENT OF ATTENDANCE

Reps. FAIR, KOON and McELVEEN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, March 8, 1989.

DOCTOR OF THE DAY

Announcement was made that Dr. Daniel W. Davis, Jr. of Columbia is the Doctor of the Day for the General Assembly.

LEAVE OF ABSENCE

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

MOTION ADOPTED

Rep. BLACKWELL moved that while debating H. 3600, the General Appropriations Bill, the Bills on the Calendar be printed by number only, which was agreed to.

SENT TO THE SENATE

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

H. 3104 -- Reps. J. Bailey, Harvin, Vaughn, Snow, Barber, Mappus, McEachin and Keyserling: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER.

H. 3447 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WORKERS' COMPENSATION INSOLVENCY FUND, SO AS TO PROVIDE FOR THE ADMINISTRATION OF THIS FUND BY THE DIRECTOR OF THE SECOND INJURY FUND INSTEAD OF THE DIRECTOR OF THE STATE WORKERS' COMPENSATION FUND, AND ACCORDINGLY TO EMPOWER THE DIRECTOR OF THE SECOND INJURY FUND TO ESTABLISH PROCEDURES FOR THE IMPLEMENTATION OF THIS SECTION.

H. 3448 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND EMPLOYERS' RECORDS AND REPORTS OF INJURIES, SO AS TO PROVIDE THAT AN INJURY RESULTING IN NO COMPENSABLE LOST-TIME FOR MEDICALS OF AN AMOUNT SPECIFIED BY REGULATION MAY BE FILED ON A FORM 12-M WITHIN A CERTAIN PERIOD.

H. 3573 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE APPROPRIATIONS FOR THE EXPENSES OF STATE GOVERNMENT SUPPLEMENTAL TO THOSE CONTAINED IN ACT 658 OF 1988, THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 1988-89, FOR DEFICIENCIES INCURRED IN THAT FISCAL YEAR.

H. 3578 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-200 SO AS TO PROVIDE THAT A PERSON APPOINTED TO A COUNTY BOARD, COMMISSION, OR OTHER ENTITY BY THE COUNTY LEGISLATIVE DELEGATION SERVES AT THE PLEASURE OF THE APPOINTIVE AUTHORITY.

H. 3588 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PROFESSIONAL PERSONNEL QUALIFICATIONS AND DUTIES, VOCATIONAL CENTERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1076, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3353 -- Reps. R. Brown, J. Rogers, McEachin, Beasley, Lockemy, Harwell, Davenport, M.O. Alexander, Glover, Manly, Farr, Cole, Littlejohn, Jaskwhich, Waldrop, G. Bailey and Keegan: A BILL TO AMEND TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 SO AS TO ENACT THE SOUTH CAROLINA SCENIC RIVERS ACT OF 1989; AND TO REPEAL CHAPTER 5, TITLE 51 OF THE 1976 CODE RELATING TO SCENIC RIVERS.

H. 3015 -- Reps. Sturkie and Corning: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 93 SO AS TO PROVIDE FOR THE DISPOSAL AND TREATMENT OF HAZARDOUS INFECTIOUS WASTE AND TO PROVIDE PENALTIES FOR VIOLATIONS.

H. 3598 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO JAPANESE BEETLE QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 986, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3599 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-95 SO AS TO PROVIDE THAT CONFIDENCES OR SECRETS OF A PATIENT IN THE COURSE OF DIAGNOSIS OR TREATMENT OF A MENTAL OR EMOTIONAL CONDITION MAY NOT BE REVEALED BY PROVIDERS OR SOCIAL WORKERS, AS DEFINED BY THIS ACT, SUBJECT TO EXCEPTIONS, AND TO ALLOW A CAUSE OF ACTION FOR VIOLATION OF THE SECTION.

H. 3604 -- Reps. Carnell, Phillips, McKay, Sheheen, McLellan, McAbee, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, K. Bailey, Baker, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, R. Brown, Burch, Chamblee, Cooper, Corbett, Cork, Elliott, Faber, Farr, Felder, Ferguson, Foster, Gentry, Gordon, Gregory, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hendricks, Huff, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Koon, Lockemy, L. Martin, Mattos, McBride, McCain, McGinnis, McLeod, McTeer, Moss, Neilson, Nesbitt, Rhoad, J. Rogers, Rudnick, Sharpe, Short, Simpson, Snow, Stoddard, Taylor, Townsend, Tucker, Vaughn, Waldrop, Washington, Wells, White, Wilder, Wilkes, D. Williams, J. Williams, Wofford, Wilkins, Keyserling and Bruce: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-5-89 SO AS TO ESTABLISH A RURAL AIRPORT EMERGENCY/ECONOMIC DEVELOPMENT FUND TO BE USED TO AID AN AIRPORT OR LANDING STRIP USED BY THE PUBLIC WHICH REQUIRES EMERGENCY CONSTRUCTION AND PROVIDE FOR AUTHORIZATION OF THE USE OF THE FUND, REQUIREMENTS OF THE AERONAUTICS COMMISSION, BUDGET AND CONTROL BOARD, AND JOINT BOND REVIEW COMMITTEE, AND APPROPRIATIONS TO THE FUND.

H. 3141 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1235 SO AS TO PROHIBIT TINTING OR CHANGING THE COLOR OF A MOTOR VEHICLE LICENSE PLATE OR REVALIDATION STICKER AND TO PROVIDE PENALTIES.

ORDERED ENROLLED FOR RATIFICATION

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

S. 303 -- Agriculture and Natural Resources Committee: A BILL TO AMEND CHAPTER 2, TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, THE "SOUTH CAROLINA COORDINATE ACT", SO AS TO ESTABLISH THE STATE AS ONE ZONE INSTEAD OF DIVIDING IT INTO A NORTH AND SOUTH ZONE AND TO MAKE ADJUSTMENTS IN THE COORDINATE SYSTEM, MAPPING, AND GEODETIC DATA DISSEMINATION.

S. 305 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTION 46-10-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOLL WEEVIL ERADICATION, SO AS TO PROVIDE THAT AN ASSESSMENT FOR ERADICATION FUNDS MUST BE IMPOSED ON COMMERCIAL COTTON GROWERS INSTEAD OF ON COMMERCIAL APPLICATORS.

H. 3053-OBJECTIONS

The following Bill was taken up.

H. 3053 -- Reps. Kirsh and Mappus: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3885 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO OPERATE A MOTOR VEHICLE IN THIS STATE WHICH HAS AFFIXED TO IT AN OBSCENE BUMPER STICKER AND TO PROVIDE PENALTIES FOR VIOLATION.

Reps. KEESLEY, WILKES and WAITES objected to the Bill.

MOTION NOTED

Rep. J. ROGERS moved to reconsider the vote whereby H. 3015 was given a third reading and the motion was noted.

H. 3088-AMENDED AND OBJECTIONS

The following Bill was taken up.

H. 3088 -- Reps. Taylor, D. Martin, Clyborne, White and Corning A BILL TO AMEND SECTIONS 7-13-35, AS AMENDED, 7-13-40, AS AMENDED, 7-13-50, AS AMENDED, 7-13-60, 7-13-70, AS AMENDED, 7-13-610, 7-13-830, AS AMENDED, 7-15-450, 7-17-510, 7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-560, 7-17-570, AND 7-25-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE RESPECTIVE COUNTY ELECTION COMMISSIONS, AND PROVIDE FOR HEARING AND DECIDING PROTESTS AND CONTESTS THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE HOUSE OF REPRESENTATIVES AT THE STATE LEVEL RATHER THAN AT THE COUNTY LEVEL; TO AMEND ARTICLE 5, CHAPTER 13, TITLE 7, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF EVERY "OFFICIAL COUNTY BALLOT" AND OF EVERY "OFFICIAL STATE BALLOT"; TO PROVIDE THAT NOTHING IN THIS ACT OR ANY OTHER PROVISION OF LAW MAY BE CONSTRUED AS PROHIBITING POLITICAL PARTIES FROM CONDUCTING PRESIDENTIAL PREFERENCE PRIMARIES; TO PROVIDE THAT, IN THE CASE OF ANY COUNTY WHICH OPERATES ITS ELECTIONS THROUGH AN ELECTION AND REGISTRATION COMMISSION COMPOSED OF SEVEN MEMBERS, THE STRUCTURE AND COMPOSITION ARE NOT AFFECTED OR CHANGED BY THE PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 7-9-110, RELATING TO PERMITTING COUNTY POLITICAL PARTY COMMITTEES TO ESTABLISH A COUNTY PARTY ELECTION COMMISSION FOR CERTAIN PURPOSES, AND 7-13-90, RELATING TO THE APPOINTMENT OF MANAGERS OF PRIMARIES; AND TO PROVIDE THAT CERTAIN PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE COUNTY ELECTION COMMISSIONS ON THE SECOND TUESDAY IN JUNE OF EACH GENERAL ELECTION YEAR.

Rep. M.D. BURRISS proposed the following Amendment No. 8 (Doc. No. 2412U), which was adopted.

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

/SECTION _____. Notwithstanding any other provision of law, the operation permitting a qualified elector to vote a straight party ticket in one operation on any vote recording device shall include within that operation voting for President and Vice President./

Renumber sections to conform.

Amend title to conform.

Rep. M.D. BURRISS explained the amendment.

POINT OF ORDER

Rep. TAYLOR raised the Point of Order that Amendment No. 8 was out of order as it was not germane to the Bill in that the Bill deals with primary elections and the proposed amendment deals with general elections.

Rep. M.D. BURRISS argued contra the Point.

The SPEAKER stated that the House had previously adopted an amendment that amended Section 4 of the Bill which specifically stated 'for the purpose of conducting general or special elections' and he overruled the Point of Order.

Rep. M.D. BURRISS continued speaking.

The amendment was then adopted.

Rep. RUDNICK moved to reconsider the vote whereby Amendment No. 8 was adopted.

Rep. T. ROGERS moved to table the motion which was agreed to.

Reps. FARR, WILKINS, T. ROGERS and TAYLOR proposed the following Amendment No. 9 (Doc. No. 2465U), which was adopted.

Amend the Committee report, as and if amended, p. 3088-12, by striking SECTION 10 and inserting:

/SECTION 10. Section 7-17-520 of the 1976 Code is amended to read:

"Section 7-17-520. The protests and contests in the case of county officers, and less than county officers and members of the State House of Representatives shall must be filed in writing by any candidate with the chairman of the county party executive committee board of canvassers for primaries for the political party primary in which he was a candidate, together with a copy for each candidate in the race not later than noon Monday following the day of the declaration by the county committee board of canvassers for primaries of the result of the election. Provided, however, that service Service may be perfected by depositing with the county sheriff one copy of the protest for the chairman to be served by him, together with a sufficient number of copies to be served upon all candidates in the protested or contested race. The sheriff shall take immediate steps to deliver such the copies to the chairman. The protest shall must contain each ground thereof of protest concisely stated separately. The chairman shall forthwith serve upon each candidate in the protested race a copy of the protest, and serve a notice of the time and place of the meeting of the executive committee for the purpose of hearing the protest."/

Amend further, pages 3088-12 and 3088-13, by striking SECTION 11 and inserting:

/SECTION 11. Section 7-17-530 of the 1976 Code is amended to read:

"Section 7-17-530. Before the party primary, each party holding primaries shall submit names of persons from that party to the State Election Commission. The number of names must be determined as follows:

(1) if the county election commission appointed pursuant to Section 7-13-70 consists of five commissioners, each party shall submit four names;

(2) if the county election commission appointed pursuant to Section 7-13-70 consists of six commissioners, each party shall submit five names; and

(3) if the county election commission appointed pursuant to Section 7-13-70 consists of seven commissioners, each party shall submit six names.

In the event of a protest by a candidate from a minority party, in a primary, these persons so designated by that candidate's partY shall sit with the county board of canvassers for primaries to hear and determine the protests involving that party's candidates. The executive committee county board of canvassers for primaries shall hear the protest or contest on Thursday following the deadline for filing same. Testimony at the hearing of the protest shall must be limited to the grounds stated in the written protest.

The protestant and each other candidate in the protested race shall have the right to be present at the hearing set by the committee, to be represented by counsel, to examine and cross-examine witnesses, and to produce evidence relevant to the grounds of protest.

The chairman of the committee county board of canvassers for primaries shall provide and conduct the hearing as nearly as possible in accordance with the procedures and rules of evidence observed by the circuit courts of this State. The chairman shall have has authority to administer oaths and subpoena witnesses. Upon the conclusion of the hearing on the protests the committee county board of canvassers for primaries shall determine all issues by majority vote and forthwith certify the results of the election.

The committee county board of canvassers for primaries shall remain in session until a conclusion has been reached. All candidates in the protested or contested race, and the chairman of the State state executive committee, and the executive director of the State Election Commission shall must be immediately notified of the decisions."/

Amend further, p. 3088-13, by striking SECTION 12 and inserting:

/SECTION 12. Section 7-17-540 of the 1976 Code is amended to read:

"Section 7-17-540. The decision of the county executive committee board of canvassers for primaries may be appealed to the Board of State executive committee Canvassers by any candidate adversely affected thereby by the decision. Notice of such the appeal and the grounds thereof of the appeal shall must be made not later than three o'clock P.M., Friday noon Monday next following such the decision by serving such the notice on the chairman or the Board of State committee Canvassers. Provided, that service Service may be perfected by depositing at the office of the Chief of the State Law-Enforcement Law Enforcement Division a copy of the notice and grounds of appeal. A sufficient number of copies to be served upon all candidates in the protested race shall must also be delivered to the county sheriff. Such These officers shall take all steps necessary to deliver the notices to the respective parties."/

Amend further, p. 3088-14, by striking SECTION 13 and inserting:

/SECTION 13. Section 7-17-550 of the 1976 Code is amended to read:

"Section 7-17-550. Prior to the primary, each state political party chairman shall submit four names to the State Election Commission. In the event of an appeal by a candidate from the county board of canvassers for primaries, the four persons from the protestant's party must sit with the State Board of Canvassers if they are needed to give the protestant a majority on the State Board of Canvasser or that protest. The Board of State executive committee Canvassers shall meet in Columbia not later than twelve noon, Saturday Wednesday next following the filing of any notice perfected under Section 7-17-540, for the purpose of hearing appeals. The appellant and each all other candidate candidates in the protested race shall have the right to be present at such the hearing, to be represented by counsel, and to be heard on the merits of the appeal. The Board of State committee Canvassers shall be is bound by the facts as determined by the county committee board of canvassers for primaries. Provided, however, that if If in the opinion of at least eighteen a majority of the members of the Board of State committee Canvassers such the facts should be reviewed, then a hearing de novo shall must be held by the Board of State committee Canvassers. In the event of such this review, the Board of State committee Canvassers may receive any new evidence or exhibits as it, shall in its discretion, deem considers necessary to determine the appeal. The Board of State committee Canvassers shall remain in session until all such appeals have been disposed of. /

Amend further, pages 3088-14 and 3088-15, by striking SECTION 14 and inserting:

/SECTION 14. Section 7-17-560 of the 1976 Code is amended to read:

"Section 7-17-560. The Board of State executive committee Canvassers shall meet in Columbia at such a place as may be designated by the chairman to hear and decide protests and contests that may arise in the case of Federal federal officers, State state officers, members of the State House of Representatives, and officers involving more than one county. Any such protest or contest shall must be filed in writing by any candidate for the political party primary which he was a candidate with the chairman of the committee, together with a copy for each candidate in the race, not later than noon on Monday of the fifth day following the canvassing of the votes for such these officers by the committee; Board of State Canvassers. provided, however, that service Service upon the chairman may be perfected by depositing at the office of the Chief of the State Law-Enforcement Law Enforcement Division a copy of the protest, together with a copy for each candidate in the race. The Chief shall take immediate steps to deliver such the copies to the chairman. The protest shall must contain each ground thereof of protest concisely stated separately. The chairman of the committee shall forthwith serve upon each candidate in the protested race a copy of the protest and serve a notice of the time and place of the meeting of the committee for the purposes of hearing the protest."/

Amend further, pages 3088-15 and 3088-16, by striking SECTION 15 and inserting:

/SECTION 15. Section 7-17-570 of the 1976 Code is amended to read:

"Section 7-17-570. The executive committee Board of State Canvassers shall hear the protest or contest on Thursday not earlier than the fifth nor later than the tenth day following the deadline for filing the same receipt of the protest. Testimony at the hearing shall be is limited to the grounds stated in the written protest.

The protestant and each all other candidate candidates in the protested race shall have the right to be present at the hearing, to be represented by counsel, to examine and cross-examine witnesses, and to produce evidence relevant to the grounds of the protest. The chairman of the committee Board of State Canvassers shall provide for and conduct the hearing as nearly as possible in accordance with the procedures and rules of evidence observed by the circuit courts of this State. The chairman shall have has authority to administer oaths and subpoena witnesses. Upon the conclusion of the hearing of the protest the committee Board of State Canvassers shall determine all issues by majority vote and forthwith certify the results of the election.

The committee Board of State Canvassers shall remain in session until a conclusion has been reached. All candidates in the protested or contested race shall must be immediately notified of the committee's decision of the Board of State Canvassers."/

Amend further, p. 3088-16, by striking SECTION 19 and inserting:

/SECTION 19. If a county operates its elections through an election and registration commission composed of seven members, the structure and composition are not affected or changed by the provisions of this act. However, the provisions for inclusion of majority and minority party representatives, as described in Section 7-13-70 of the 1976 Code of Laws, must be applied to the seven-member commission. Also, the provisions in Section 7-17-530 for each party providing names of persons to sit with the county board of canvassers to hear and determine protests involving that party's candidates must be applied to the seven-member commission, except that each party shall submit six names to sit with the county board of canvassers./

Amend further, p. 3088-5, by striking lines 35 and 36 and inserting:

/shall meet to appoint not less than five nor more than seven commissioners of election for each county. If a delegation does/.

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

Rep. J. ROGERS objected to the Bill.

AMENDMENT NO. 3-TABLED

Debate was resumed on Amendment No. 3, which was proposed on Tuesday, March 17, by Rep. FARR.

Rep. FARR moved to table the amendment, which was agreed to.

Reps. McGINNIS and RUDNICK objected to the Bill.

H. 3015--RECONSIDERED

The motion of Rep. J. ROGERS to reconsider the vote whereby the following Bill was given a third reading was taken up and agreed to.

H. 3015 -- Reps. Sturkie and Corning: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 93 SO AS TO PROVIDE FOR THE DISPOSAL AND TREATMENT OF HAZARDOUS INFECTIOUS WASTE AND TO PROVIDE PENALTIES FOR VIOLATIONS.

H. 3167--DEBATE ADJOURNED

Rep. GREGORY moved to adjourn debate upon the following Bill until Wednesday, March 22, which was adopted.

H. 3167 -- Reps. Gregory, Fair, McLellan, Short, Kirsh, J. Brown and Wilkins: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA ENVIRONMENTAL CERTIFICATION BOARD FOR SIX YEARS AND TO AMEND SECTION 40-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE ENVIRONMENTAL CERTIFICATION BOARD, SO AS TO DECREASE THE NUMBER OF MEMBERS FROM FOURTEEN TO SEVEN AND PROVIDE FOR THEIR APPOINTMENT.

H. 3209--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3209 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INCREASE IN WORKERS' COMPENSATION WHICH IS NOT PAID WHEN DUE, SO AS TO SHORTEN THE PERIOD BEFORE WHICH FURTHER MONIES MUST BE ADDED TO AN UNPAID INSTALLMENT OR PAYMENT OF COMPENSATION, AND CHANGE THE PENALTY FROM TEN PERCENT OF THE UNPAID AMOUNT TO TWENTY-FIVE PERCENT THEREOF OR A MINIMUM OF TWENTY-FIVE DOLLARS, AND TO AMEND SECTION 42-9-230, RELATING TO THE DATE ON WHICH WORKERS' COMPENSATION PAYABLE UNDER THE TERMS OF AN AGREEMENT BECOMES DUE, SO AS TO PROVIDE THAT INSTALLMENTS PAID WEEKLY MUST BE PAID ON THE SAME DAY OF THE WEEK, INSTALLMENTS PAID MONTHLY MUST BE PAID ON THE SAME DAY OF THE MONTH, AND INSTALLMENTS PAID ON SOME PERIOD OTHER THAN WEEKLY OR MONTHLY MUST BE PAID ON THE SAME DAY OF EACH PERIOD.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, March 8, by the Committee on Labor, Commerce and Industry.

Rep. HEARN explained the amendment.

The amendment was then adopted.

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

RECURRENCE TO THE MORNING HOUR

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3665 -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE THE FIRM OF CHRISTMAN AND PARSONS, INCORPORATED, GENERAL CONTRACTORS IN SPARTANBURG, UPON ITS GROWTH IN THE RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL FIELDS AND FOR ITS CONTRIBUTIONS TO THE QUALITY OF LIFE FOR THE CITIZENS OF SOUTH CAROLINA.

Whereas, the firm of Christman and Parsons, Incorporated, General Contractors in Spartanburg County, was organized as a partnership in 1946 by the late Milon S. Christman and L.L. "Jack" Parsons. At that time fifty percent of the work was commercial, and fifty percent was residential. The firm employed approximately twenty-five people then; and

Whereas, the company continued to grow in the residential, commercial, and industrial fields under the guidance and leadership of Mr. Christman and Mr. Parsons, and, of course, employment rose steadily as work increased; and

Whereas, in August of 1966, Mr. Christman passed away. Christman and Parsons, Incorporated, was formed in January, 1967, with Mr. Parsons as president and treasurer and Mr. Thomas E. Boggs, Jr., who continuously has served the company in the field as well as in the estimating and drafting areas, as vice-president and secretary of the new corporation; and

Whereas, the sudden illness and death of Mr. Parsons in February, 1970, brought about certain organizational changes, and in April, 1970, Mr. Boggs succeeded Mr. Parsons as president of the firm as well as a director and served in these capacities until his death in November, 1970; and

Whereas, upon the death of Mr. Boggs, Mr. Robert L. McGarr was elected as director of the firm and succeeded Mr. Boggs as president. Glen B. Boggs was appointed director and treasurer and Frances Gilliam, secretary. Under the direction of Mr. McGarr the company flourished; and

Whereas, Mr. Dudley L. Myers joined the firm in January, 1972, and succeeded Glen B. Boggs as a director and further assumed responsibilities as vice-president and treasurer; and

Whereas, in 1979, Mr. McGarr died, and Mr. E. Lea Salter joined the firm as a director and president with the other officers remaining the same; and

Whereas, during the forty-plus years that Christman and Parsons has been building in the Carolinas and Georgia the company has grown to more than one hundred thirty employees and an annual return of over ten million dollars. There are employees who have been with the company for over forty years; and

Whereas, the company remains versatile and is a general contractor in the truest sense. It will repair door knobs but also design and build one hundred thousand square foot manufacturing plants. Now, therefore,

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

That the members of the General Assembly recognize the firm of Christman and Parsons, Incorporated, general contractors in Spartanburg, upon its growth in the residential, commercial, and industrial fields and for its contributions to the quality of life for the citizens of South Carolina.

Be it further resolved that a copy of this resolution be forwarded to Mr. E. Lea Salter, President of Christman and Parsons, Incorporated.

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

INTRODUCTION OF BILLS

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

H. 3666 -- Rep. J. Harris: A BILL TO AMEND SECTION 12-7-1220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JOBS TAX CREDIT, SO AS TO FURTHER PROVIDE FOR THIS CREDIT AND FOR THE ENTITIES AND AREAS THAT QUALIFY FOR THIS CREDIT, PROVIDE THAT THE CREDIT ALSO APPLIES TO INSURANCE PREMIUM TAXES, AND PROVIDE FOR DEFINITIONS TO BE USED FOR PURPOSES OF THIS CREDIT.

Referred to Committee on Ways and Means.

H. 3667 -- Reps. Harvin, Gordon, Snow and McLeod: A BILL TO REPEAL SECTION 14-7-1110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PEREMPTORY CHALLENGES IN CRIMINAL CASES.

Referred to Committee on Judiciary.

H. 3668 -- Reps. McLeod, G. Brown, Nesbitt, Gregory and Waites: A BILL TO ESTABLISH A TOLL FREE TELEPHONE LINE TO RECEIVE CITIZENS' COMPLAINTS OF PROBLEMS WITH STATE GOVERNMENT BUREAUCRACY, TO REQUIRE THE COMPLAINTS TO BE RECORDED AND TRANSCRIBED AND FORWARDED TO THE APPROPRIATE AGENCY HEAD AND THE MEMBER OF THE GENERAL ASSEMBLY REPRESENTING THE CALLER, TO PROVIDE THAT TRANSCRIPTIONS MUST BE KEPT ON FILE AND ARE A PUBLIC RECORD, AND TO REQUIRE THE COMPLAINT LINE TELEPHONE NUMBER TO BE WIDELY ADVERTISED AND DISPLAYED PROMINENTLY IN STATE GOVERNMENT OFFICES THAT RECEIVE THE GENERAL PUBLIC.

Referred to Committee on Ways and Means.

H. 3669 -- Rep. Huff: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-35 SO AS TO REQUIRE SPECIFIC STANDARDS AND SPECIFICATIONS FOR ALL BUSES USED FOR THE TRANSPORTATION OF SCHOOL CHILDREN; BY ADDING SECTION 59-67-145 SO AS TO REQUIRE SCHOOL BUS DRIVERS TO WEAR SAFETY BELTS WHILE OPERATING A SCHOOL BUS; AND BY ADDING SECTION 59-67-155 SO AS TO REQUIRE THE STATE BOARD OF EDUCATION TO IMPLEMENT A PROGRAM FOR ALCOHOL AND DRUG TESTING; TO AMEND SECTION 59-67-470, RELATING TO SELECTION, ELIGIBILITY, TRAINING, AND CERTIFICATION OF BUS DRIVERS, SO AS TO REQUIRE CERTIFICATES TO BE RENEWED EVERY TWO YEARS INSTEAD OF THREE AND TO REQUIRE DRIVERS TO COMPLETE AN ANNUAL REFRESHER COURSE TO MAINTAIN THEIR CERTIFICATION.

Referred to Committee on Education and Public Works.

H. 3670 -- Reps. J. Rogers, J. Bailey, Blanding, Chamblee, Davenport, Elliott, Farr, Felder, Ferguson, Gregory, Harvin, Huff, Keesley, Keyserling, Manly, D. Martin, McElveen, T. Rogers, Rudnick, Short, Stoddard, Vaughn, Washington, J. Williams and Winstead: A BILL TO AMEND SECTION 42-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERIODS WITHIN WHICH MEDICAL TREATMENT AND SUPPLIES MUST BE FURNISHED TO AN EMPLOYEE UNDER WORKERS' COMPENSATION LAWS AND THE REFUSAL BY THE EMPLOYEE TO ACCEPT THE TREATMENT, SO AS TO FURTHER PROVIDE FOR THE PERIODS WHEN THIS TREATMENT MUST BE FURNISHED, THE PERSONS AUTHORIZED TO FURNISH THIS TREATMENT, AND THE CONDITIONS OF AND THE PROCEDURES FOR THE FURNISHING OF THIS TREATMENT; AND TO AMEND SECTION 42-15-70, RELATING TO THE LIABILITY OF AN EMPLOYER FOR THE MEDICAL TREATMENT PROVIDED, SO AS TO FURTHER PROVIDE FOR THIS LIABILITY AND FOR THE CONDITIONS UNDER WHICH AN EMPLOYER IS LIABLE FOR THE CHARGES FOR THE MEDICAL SERVICES OR TREATMENT PROVIDED.

Referred to Committee on Labor, Commerce and Industry.

H. 3671 -- Reps. McLeod, G. Bailey, Blanding, Wright, Wells, Rama, Waites, Manly, Hearn, J. Brown, Gregory, Cooper, Keyserling, Harvin, Wilkes, Farr, McGinnis, Keegan, J.C. Johnson and Gordon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1445 SO AS TO IMPOSE A DELINQUENCY FEE OF FIVE PERCENT ON LATE CHILD SUPPORT PAYMENTS PAID THROUGH THE FAMILY COURT, TO PROVIDE THAT THE LATE PAYMENT PENALTY MUST BE FORWARDED BY THE COURT TO THE CUSTODIAL PARENT, AND TO PROVIDE THAT THE LATE PAYMENT FEE IS CONSIDERED CHILD SUPPORT.

Referred to Committee on Judiciary.

H. 3672 -- Reps. T. Rogers and M.D. Burriss: A BILL TO AMEND SECTION 39-29-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORNMEAL, SO AS TO PROVIDE THAT ITS PROVISIONS APPLY TO CORN GRITS.

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

H. 3673 -- Reps. Beasley, Hayes and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2382 SO AS TO PROVIDE FOR A MEMBER NOT TO BE LIABLE FOR DAMAGES IN THE DISCHARGE OF HIS DUTIES AFTER PARTICIPATING IN A TRAINING PROGRAM OF THE SYSTEM FOR THE REVIEW OF THE FOSTER CARE OF CHILDREN; AND TO AMEND SECTION 20-7-2385, RELATING TO LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO PROVIDE FOR MEMBERS' TERMS TO CONTINUE UNTIL THEIR SUCCESSORS ARE APPOINTED AND QUALIFY AND FOR NOTICE OF A BOARD VACANCY BY CERTIFIED INSTEAD OF REGISTERED MAIL.

Referred to Committee on Judiciary.

H. 3674 -- Reps. Beasley, Hayes and Fair: A BILL TO AMEND SECTION 20-7-2379, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF DIRECTORS FOR REVIEW OF FOSTER CARE OF CHILDREN, SO AS TO PROVIDE FOR BOARD MEMBERS TO RECEIVE SUBSISTENCE.

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

H. 3014--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3014 -- Rep. J. Rogers: A BILL TO AMEND SECTION 42-9-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT OF WORKERS' COMPENSATION BENEFITS WHEN A DECEASED EMPLOYEE LEAVES NO DEPENDENTS OR PARTIAL DEPENDENTS, SO AS TO PROVIDE THAT IF THE DECEASED EMPLOYEE LEAVES NO DEPENDENTS, THE EMPLOYER SHALL PAY THE COMMUTED AMOUNTS PROVIDED FOR IN SECTION 42-9-290 FOR WHOLE DEPENDENTS, LESS BURIAL EXPENSES WHICH MUST BE DEDUCTED FROM THOSE COMMUTED AMOUNTS, TO HIS SURVIVING NONDEPENDENT CHILDREN AND TO PROVIDE FOR PAYMENT WHEN THERE ARE NO SURVIVING NONDEPENDENT CHILDREN; TO AMEND SECTION 42-9-280, RELATING TO THE PAYMENT OF THE UNPAID BALANCE OF WORKERS' COMPENSATION WHEN THE EMPLOYEE DIES, SO AS TO PROVIDE THAT THE PAYMENT OF THE UNPAID BALANCE MUST BE MADE IN ACCORDANCE WITH SECTION 42-9-140, RATHER THAN BEING MADE TO THE DECEASED EMPLOYEE'S "NEXT OF KIN DEPENDENT UPON HIM FOR SUPPORT"; AND TO AMEND SECTION 42-9-290, AS AMENDED, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION FOR THE DEATH OF AN EMPLOYEE DUE TO AN ACCIDENT, SO AS TO PROVIDE THAT IF A STUDENT'S FULL-TIME ENROLLMENT IN AN ACCREDITED EDUCATIONAL INSTITUTION ENDS, THE CHILD NO LONGER IS CONSIDERED A DEPENDENT, RATHER THAN PROVIDE THAT BENEFITS TERMINATE PERMANENTLY, AND PROVIDE THAT WHEN ALL THE DECEASED EMPLOYEE'S CHILDREN ARE NO LONGER DEPENDENT, THE REMAINDER OF THE BENEFITS MUST BE DIVIDED EQUALLY AMONG ALL THE CHILDREN.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6737k), which was adopted.

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

Renumber sections to conform.

Amend title to conform.

Rep. HEARN explained the amendment.

The amendment was then adopted.

Rep. HEARN explained the Bill.

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

S. 333--DEBATE ADJOURNED

Rep. HEARN moved to adjourn debate upon the following Bill until Tuesday, March 21, which was adopted.

S. 333 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-71-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPROVAL OF ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICIES ISSUED OR DELIVERED IN THIS STATE, SO AS TO REVISE THE MANNER IN WHICH PREMIUM RATES FOR CERTAIN ACCIDENT AND HEALTH INSURANCE POLICIES ARE APPROVED.

ORDERED TO THIRD READING

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

S. 298 -- Judiciary Committee: A BILL TO AMEND SECTION 38-3-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PETITIONS FOR JUDICIAL REVIEW OF ORDERS OR DECISIONS OF THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE THAT APPEALS FROM THESE ORDERS OR DECISIONS MUST BE HEARD IN THE COURT OF COMMON PLEAS OF RICHLAND COUNTY BUT MAY BE BROUGHT IN ANY COUNTY.

Rep. HEARN explained the Bill.

H. 3133 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20 TO CHAPTER 53, TITLE 59, SO AS TO CREATE THE MIDLANDS TECHNICAL COLLEGE COMMISSION, DEFINE THE FUNCTIONS, POWERS, AND DUTIES OF THE COMMISSION, AND PROVIDE FOR THE TRANSFER OF ASSETS AND LIABILITIES AND THE CONTINUED OPERATION OF MIDLANDS TECHNICAL COLLEGE AND TO REPEAL ARTICLE 19, CHAPTER 53, TITLE 59, RELATING TO THE RICHLAND-LEXINGTON COUNTIES COMMISSION FOR TECHNICAL EDUCATION.

H. 3359 -- Rep. Corning: A BILL TO AMEND SECTION 56-5-6140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO MAIL MOVING TRAFFIC CHARGES AGAINST AN UNEMANCIPATED MINOR TO HIS PARENT OR GUARDIAN, SO AS TO DELETE THE REFERENCE TO AN UNEMANCIPATED MINOR, TO PROVIDE FOR THE SECTION TO APPLY TO A PERSON UNDER EIGHTEEN YEARS OF AGE, TO REQUIRE THE NOTICE TO BE MAILED TO THE OWNER OF THE VEHICLE, AND TO DELETE NOTICE TO THE PARENT OR GUARDIAN.

Rep. ALTMAN explained the Bill.

H. 3643 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO INSURANCE HOLDING COMPANY SYSTEM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1075, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3644 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO INDIVIDUAL ACCIDENT AND HEALTH INSURANCE MINIMUM STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1063, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. NEILSON explained the Joint Resolution.

H. 3133--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. T. ROGERS, with unanimous consent, it was ordered that H. 3133 be read the third time tomorrow.

S. 246-POINT OF ORDER

The following Joint Resolution was taken up.

S. 246 -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND JURIES, PETIT JURIES, AND THE STATE GRAND JURY, AND TO SECTION 11, ARTICLE I OF THE CONSTITUTION, RELATING TO INDICTMENTS BY COUNTY GRAND JURIES AND THE STATE GRAND JURY SO AS TO RESTRICT THE JURISDICTION OF THE STATE GRAND JURY TO CRIMES INVOLVING NARCOTICS, DANGEROUS DRUGS, OR CONTROLLED SUBSTANCES AND CRIMES INVOLVING OBSCENITY OR ANY ATTEMPT, SOLICITATION, OR CONSPIRACY TO COMMIT ANY OF THESE CRIMES IF THE CRIMES ARE OF A MULTI-COUNTY NATURE OR HAVE TRANSPIRED, ARE TRANSPIRING, OR HAVE SIGNIFICANCE IN MORE THAN ONE COUNTY OF THIS STATE.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

S. 222-POINT OF ORDER

The following Bill was taken up.

S. 222 -- Judiciary Committee: A BILL TO AMEND SECTION 36-9-103, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERFECTION OF SECURITY INTEREST IN MULTIPLE-STATE TRANSACTIONS, SO AS TO PROVIDE THAT WITH CERTAIN EXCEPTIONS PERFECTION AND THE EFFECT OF PERFECTION OR NONPERFECTION OF A SECURITY INTEREST IN COLLATERAL ARE GOVERNED BY THE LAW OF THE JURISDICTION WHERE THE COLLATERAL IS WHEN THE LAST EVENT OCCURS ON WHICH IS BASED THE ASSERTION THAT THE SECURITY INTEREST IS PERFECTED OR NONPERFECTED.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

H. 3301-POINT OF ORDER

The following Bill was taken up.

H. 3301 -- Reps. Rudnick, Kirsh, Whipper, Harvin and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-5-11 SO AS TO PROVIDE THAT IF A VACANCY OCCURS IN THE OFFICE OF REGISTER OF MESNE CONVEYANCES IN A COUNTY WHICH ELECTS ITS REGISTER OF MESNE CONVEYANCES IT MUST BE FILLED FOR THE REMAINDER OF THE UNEXPIRED TERM BY APPOINTMENT OF THE GOVERNOR UPON THE RECOMMENDATION OF A MAJORITY OF THE MEMBERS OF THE GENERAL ASSEMBLY REPRESENTING THAT COUNTY.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

H. 3314--POINT OF ORDER

The following Bill was taken up.

H. 3314 -- Reps. Rama, G. Bailey, Littlejohn, Hearn, Mappus, J. Bailey and Hallman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-295 SO AS TO PROVIDE THAT VIOLATIONS OF ORDINANCES OR REGULATIONS OF SPECIAL PURPOSE DISTRICTS RELATING TO GARBAGE OR TRASH COLLECTION ARE UNLAWFUL AND TO PROVIDE PENALTIES FOR THESE VIOLATIONS.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

S. 33--POINT OF ORDER

The following Bill was taken up.

S. 33 -- Senator Waddell: A BILL TO AMEND SECTION 1-11-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL PROPERTY TRANSACTIONS OF GOVERNMENTAL BODIES OF THE STATE, SO AS TO PROVIDE FOR THE FILING OF A CERTIFICATE OF APPROVAL WITH THE DEED AND TO REQUIRE GIFTS OF PERSONAL PROPERTY TO BE ACCOMPANIED BY AN ACKNOWLEDGMENT OF ACCEPTANCE.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

S. 245--POINT OF ORDER

The following Bill was taken up.

S. 245 -- Judiciary Committee: A BILL TO AMEND SECTIONS 1-23-110 AND 1-23-120, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976 RELATING TO THE STATE REGISTER, SO AS TO REQUIRE A STATE AGENCY TO GIVE NOTICE OF THE OPPORTUNITY FOR AN ORAL HEARING AND TO REQUIRE A HEARING NO SOONER THAN THIRTY DAYS FROM PUBLICATION OF THE NOTICE IN THE STATE REGISTER IF REQUESTED BY TWENTY-FIVE PERSONS AND TO PROVIDE THAT A REGULATION BECOMES EFFECTIVE ONE HUNDRED TWENTY DAYS AFTER SUBMISSION TO THE GENERAL ASSEMBLY IF A RESOLUTION TO APPROVE OR DISAPPROVE IT IS NOT ENACTED WITHIN THAT TIME PERIOD.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

Rep. GREGORY moved that the House do now adjourn.

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

Yeas 5; Nays 82

Those who voted in the affirmative are:

Barfield               Gregory                Keegan
Rhoad                  Wilkes

Total-5

Those who voted in the negative are:

Alexander, T.C.        Bailey, G.             Bailey, J.
Baker                  Barber                 Baxley
Beasley                Blackwell              Brown, G.
Brown, H.              Brown, J.              Brown, R.
Bruce                  Burch                  Burriss, M.D.
Chamblee               Clyborne               Cole
Cooper                 Corbett                Corning
Elliott                Faber                  Fair
Farr                   Ferguson               Foster
Gentry                 Glover                 Gordon
Harris, P.             Harvin                 Harwell
Hayes                  Hearn                  Hendricks
Hodges                 Holt                   Huff
Jaskwhich              Johnson, J.C.          Johnson, J.W.
Kay                    Keesley                Keyserling
Kirsh                  Koon                   Lanford
Littlejohn             Lockemy                Manly
Mappus                 Martin, D.             Martin, L.
McBride                McEachin               McElveen
McGinnis               McKay                  McTeer
Neilson                Nesbitt                Quinn
Rama                   Rogers, J.             Rogers, T.
Rudnick                Sharpe                 Sheheen
Simpson                Stoddard               Tucker
Vaughn                 Waites                 Waldrop
Wells                  Wilder                 Wilkins
Williams, J.           Winstead               Wofford
Wright

Total-82

So, the House refused to adjourn.

H. 3355-DEBATE ADJOURNED

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

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. BLACKWELL explained the Senate Amendment.

Rep. BAXLEY moved to adjourn debate upon the Senate Amendments until Thursday, March 23, which was adopted.

H. 3136--SENATE AMENDMENTS CONCURRED
IN AND BILL ENROLLED

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

H. 3136 -- Reps. P. Harris, J. Harris and Carnell: A BILL TO AMEND SECTION 44-52-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY COMMITMENT TO ALCOHOL AND DRUG ABUSE FACILITIES, SO AS TO PROVIDE FOR AN EXAMINATION OF REPORTS TO THE COURT OF FINDINGS AND FOR THE DETENTION OR RELEASE OF THE PERSON BY THE COURT.

Rep. WILKINS explained the Senate Amendment.

The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 3419--DEBATE ADJOURNED

Rep. FELDER moved to adjourn debate upon the following Bill until Tuesday, March 21, which was adopted.

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.

SENT TO THE SENATE

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

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.

H. 3053--INTERRUPTED DEBATE

The following Bill was taken up.

H. 3053 -- Reps. Kirsh and Mappus: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3885 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO OPERATE A MOTOR VEHICLE IN THIS STATE WHICH HAS AFFIXED TO IT AN OBSCENE BUMPER STICKER AND TO PROVIDE PENALTIES FOR VIOLATION.

Rep. WILKES spoke against the Bill.

LEAVE OF ABSENCE

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

Rep. KEESLEY spoke against the Bill.

Rep. WILKES moved to commit the Bill to the Committee on Judiciary.

Rep. ALTMAN moved to table the motion.

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

Yeas 54; Nays 46

Those who voted in the affirmative are:

Alexander, T.C.        Altman                 Baker
Barfield               Baxley                 Beasley
Brown, G.              Brown, H.              Brown, R.
Burriss, M.D.          Carnell                Chamblee
Clyborne               Cooper                 Corbett
Davenport              Elliott                Fant
Farr                   Ferguson               Foster
Gentry                 Harris, P.             Harvin
Hayes                  Hearn                  Hendricks
Holt                   Jaskwhich              Johnson, J.C.
Johnson, J.W.          Keegan                 Kirsh
Lockemy                Mappus                 Martin, L.
McAbee                 McCain                 McEachin
McGinnis               McLellan               Neilson
Nesbitt                Quinn                  Rama
Sharpe                 Simpson                Snow
Stoddard               Vaughn                 Waldrop
Wells                  Wilder                 Wright

Total-54

Those who voted in the negative are:

Bailey, J.             Bailey, K.             Barber
Bennett                Blanding               Boan
Brown, J.              Bruce                  Burch
Cole                   Corning                Derrick
Faber                  Felder                 Glover
Gordon                 Gregory                Harris, J.
Hodges                 Huff                   Kay
Keesley                Keyserling             Koon
Lanford                Limehouse              Littlejohn
Manly                  Martin, D.             McBride
McElveen               McLeod                 Moss
Nettles                Rogers, T.             Rudnick
Sheheen                Short                  Sturkie
Taylor                 Waites                 Washington
Whipper                White                  Wilkes
Winstead

Total-46

So, the motion to table was agreed to.

Rep. McBRIDE moved to adjourn debate upon the Bill until Thursday, March 23.

Rep. ALTMAN moved to table the motion.

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

Yeas 66; Nays 34

Those who voted in the affirmative are:

Alexander, T.C.        Altman                 Bailey, G.
Baker                  Barfield               Baxley
Beasley                Boan                   Brown, G.
Brown, H.              Brown, R.              Bruce
Burriss, M.D.          Carnell                Chamblee
Clyborne               Cole                   Cooper
Corbett                Corning                Davenport
Elliott                Fair                   Farr
Ferguson               Foster                 Gentry
Glover                 Gordon                 Harris, J.
Harvin                 Hayes                  Hearn
Hendricks              Holt                   Jaskwhich
Johnson, J.C.          Johnson, J.W.          Keegan
Kirsh                  Littlejohn             Mappus
Martin, L.             McAbee                 McCain
McEachin               McElveen               McGinnis
McKay                  McLellan               Moss
Neilson                Nesbitt                Nettles
Quinn                  Rama                   Sheheen
Simpson                Snow                   Stoddard
Waldrop                Wells                  Wilder
Wilkins                Wofford                Wright

Total-66

Those who voted in the negative are:

Bailey, J.             Bailey, K.             Barber
Bennett                Blanding               Brown, J.
Burch                  Derrick                Faber
Fant                   Felder                 Gregory
Hodges                 Huff                   Kay
Keesley                Keyserling             Koon
Limehouse              Manly                  Martin, D.
McLeod                 Rogers, T.             Rudnick
Short                  Sturkie                Taylor
Vaughn                 Waites                 Washington
Whipper                White                  Wilkes
Winstead

Total-34

So, the motion to table was agreed to.

Rep. GREGORY moved that the House do now adjourn.

POINT OF ORDER

Rep. HUFF 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.

The question then recurred to the motion that the House do now adjourn.

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

Yeas 18; Nays 82

Those who voted in the affirmative are:

Blanding               Burch                  Elliott
Faber                  Gregory                Harris, P.
Hodges                 Keesley                Keyserling
Manly                  McBride                Rogers, T.
Taylor                 Waites                 Washington
Whipper                White                  Wilkes

Total-18

Those who voted in the negative are:

Alexander, T.C.        Altman                 Bailey, G.
Bailey, J.             Baker                  Barber
Barfield               Baxley                 Beasley
Boan                   Brown, G.              Brown, H.
Brown, J.              Brown, R.              Bruce
Burriss, M.D.          Carnell                Chamblee
Clyborne               Cole                   Cooper
Corbett                Corning                Davenport
Derrick                Fair                   Fant
Farr                   Felder                 Ferguson
Foster                 Gentry                 Glover
Gordon                 Harris, J.             Harvin
Harwell                Hayes                  Hearn
Hendricks              Holt                   Huff
Jaskwhich              Johnson, J.C.          Johnson, J.W.
Keegan                 Kirsh                  Lanford
Limehouse              Littlejohn             Lockemy
Mappus                 Martin, L.             McAbee
McEachin               McElveen               McGinnis
McKay                  McLellan               McLeod
McTeer                 Moss                   Neilson
Nesbitt                Nettles                Quinn
Rama                   Rudnick                Sharpe
Sheheen                Short                  Simpson
Snow                   Sturkie                Vaughn
Waldrop                Wells                  Wilder
Wilkins                Winstead               Wofford
Wright

Total-82

So, the House refused to adjourn.

Rep. STURKIE spoke upon the Bill.

Rep. HOLT moved that the House do now adjourn.

POINT OF ORDER

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

Yeas 53; Nays 49

Those who voted in the affirmative are:

Bailey, G.             Bailey, J.             Bailey, K.
Barber                 Bennett                Blanding
Brown, G.              Brown, J.              Brown, R.
Burch                  Burriss, M.D.          Corning
Faber                  Fant                   Gregory
Harris, P.             Hendricks              Hodges
Holt                   Kay                    Keesley
Keyserling             Kohn                   Limehouse
Manly                  Martin, D.             Mattos
McAbee                 McBride                McEachin
McLellan               McLeod                 Nesbitt
Nettles                Rogers, T.             Rudnick
Sheheen                Short                  Simpson
Snow                   Stoddard               Sturkie
Taylor                 Townsend               Waites
Waldrop                Washington             Whipper
White                  Wilkes                 Wilkins
Williams, J.           Winstead

Total--53

Those who voted in the negative are:

Alexander, T.C.        Altman                 Baker
Barfield               Baxley                 Beasley
Blackwell              Boan                   Brown, H.
Carnell                Chamblee               Clyborne
Cole                   Cooper                 Corbett
Davenport              Derrick                Fair
Farr                   Felder                 Ferguson
Foster                 Glover                 Harvin
Hayes                  Huff                   Jaskwhich
Johnson, J.C.          Johnson, J.W.          Keegan
Kirsh                  Lanford                Littlejohn
Lockemy                Mappus                 Martin, L.
McElveen               McGinnis               McKay
McTeer                 Neilson                Quinn
Rama                   Sharpe                 Vaughn
Wells                  Wilder                 Wofford
Wright

Total-49

So, the motion to adjourn was agreed to.

Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill, Rep. STURKIE having the floor.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3649 -- Reps. White and Whipper: A CONCURRENT RESOLUTION TO PAY TRIBUTE AND TO RECOGNIZE THE HISTORICAL SIGNIFICANCE AND TREMENDOUS CONTRIBUTIONS OF "PENN CENTER" LOCATED ON ST. HELENA ISLAND IN BEAUFORT COUNTY.

H. 3650 -- Reps. McBride, J. Brown, M.D. Burriss, T.M. Burriss, Corning, Faber, Hearn, Quinn, T. Rogers, 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 MR. HARRELL P STEPHENSON OF COLUMBIA.

H. 3651 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hayes, Hearn, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Lockemy, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Sheheen, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION THANKING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, CENTER FOR HEALTH PROMOTION, FOR TAKING THE TIME TO PROVIDE A CARDIOVASCULAR HEALTH CHECK IN THE LOWER LOBBY OF THE STATE HOUSE ON WEDNESDAY, MARCH 8, 1989.

H. 3660 -- Reps. Stoddard, Clyborne, D. Martin and McAbee: A CONCURRENT RESOLUTION TO FIX TWELVE O'CLOCK NOON ON WEDNESDAY, MARCH 15, 1989, AS THE TIME FOR ELECTING A MEMBER OF THE BOARD OF VISITORS FOR THE CITADEL TO FILL THE UNEXPIRED PORTION OF THE TERM OF A MEMBER VACANCY.

H. 3665 -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE THE FIRM OF CHRISTMAN AND PARSONS, INCORPORATED, GENERAL CONTRACTORS IN SPARTANBURG, UPON ITS GROWTH IN THE RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL FIELDS AND FOR ITS CONTRIBUTIONS TO THE QUALITY OF LIFE FOR THE CITIZENS OF SOUTH CAROLINA.

ADJOURNMENT

At 12:05 P.M. the House in accordance with the motion of Rep. HOLT adjourned to meet at 10:00 A.M. tomorrow.


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