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

Thursday, April 13, 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 of mercy, we take courage in the knowledge that You are always near available for every need and ready to help in every situation even when we meet problems beyond our wisdom and when responsibilities are beyond our ability to carry. Look with forgiveness at our unkind words, unjust criticism, false ambitions, and every unworthy thought that has occupied our minds. Help Us to bridge the Chasms which separate Your people, to heal the festering sores so often felt, to foster goodwill among us and to promote cooperation among mankind as we hear: Follow not that which is evil, but that which is good. He that does good is of God" (III John 1:11).

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.

REPORTS OF STANDING COMMITTEE

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

H. 3523 -Reps. Moss and Felder: A BILL TO AMEND SECTION 40-71-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM LIABILITY OF MEMBERS OF CERTAIN PROFESSIONAL COMMITTEES, SO AS TO EXEMPT COMMITTEES APPOINTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REVIEW PATIENT MEDICAL AND HEALTH RECORDS IN ORDER TO STUDY THE CAUSES OF DEATH AND DISEASE; AND TO AMEND SECTION 40-71-20, RELATING TO THE CONFIDENTIALITY OF CERTAIN PROCEEDINGS, RECORDS, AND INFORMATION, SO AS TO PROVIDE THAT THE CONFIDENTIALITY PROVISIONS DO NOT PREVENT COMMITTEES APPOINTED BY THE DEPARTMENT FROM ISSUING REPORTS SOLELY CONTAINING NONIDENTIFYING DATA AND INFORMATION.

Ordered for consideration tomorrow.

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

H. 3577 -- Rep. Davenport: A BILL TO AMEND SECTION 23-45-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SMOKE DETECTORS IN APARTMENT HOUSES, SO AS TO REQUIRE THEM TO BE INSTALLED IN EVERY RENTED DWELLING.

Ordered for consideration tomorrow.

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

H. 3509 -- Rep. Fetter: A BILL TO AMEND ARTICLE 2, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEDICAID NURSING HOME PERMITS, SO AS TO PROVIDE FOR MEDICARE PATIENT DAYS AND DELETE THE NURSING HOME VIOLATION FOR EXCEEDING THE NUMBER OF PERMITTED MEDICAID PATIENT DAYS.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3869 -- Rep. Harvin: A CONCURRENT RESOLUTION COMMENDING AND THANKING DEBORAH D. MITCHUM OF CLARENDON COUNTY FOR HER TWELVE YEARS OF OUTSTANDING SERVICE AS THE EXECUTIVE DIRECTOR OF THE CLARENDON COUNTY MENTAL RETARDATION BOARD, INC., AND WISHING HER SUCCESS AND HAPPINESS IN HER NEW ENDEAVOR.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3870 - Reps. Farr and Phillips: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE JAMES ROBERT MARTIN OF UNION COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

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

S. 659- -- Senator Leatherman: A CONCURRENT RESOLUTION RECOGNIZING THE WEEK OF APRIL 9-15, 1989, AS NATIONAL BUILDING SAFETY WEEK, EXPRESSING HIGHEST TRIBUTE TO THE NUMEROUS CITY, COUNTY, AND STATE CODES-ENFORCEMENT OFFICIALS, AND COMMENDING THEM FOR THEIR COMMITMENT, DEDICATION, AND UNTIRING EFFORTS TO ASSURE THE HEALTH, SAFETY, AND WELFARE OF EVERY CITIZEN OF THIS STATE.

Whereas, the South Carolina Building Codes Council, the State Fire Marshal's Office, the State Fire Commission, and the Building Officials Association of South Carolina, as well as all city and county building, electrical, plumbing, mechanical, and fire prevention officials in the State, have joined together to support National Building Safety Week April 9-15, 1989; and

Whereas, the purpose of this event is to provide the citizens of this State with an awareness of the important health and safety services provided by codes-enforcement officials and inspectors and

Whereas, it is altogether fitting for the General Assembly to enhance public awareness and understanding of building safety, to recognize and commend publicly all city, county, and state codes-enforcement personnel, and to support the concept of National Building Safety Week. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, recognizes the week of April 9-15, 1989, as National Building Safety Week, expresses its highest tribute to the numerous city, county, and state codes-enforcement officials, and commends them for their commitment, dedication, and untiring efforts to assure the health, safety, and welfare of every citizen of this State.

Be it further resolved that a copy of this resolution be forwarded to Mr. William Anderson, Chairman of the South Carolina Building Codes Council, to Mr. Richard S. Campbell, State Fire Marshal, and to Mr. William Ramsey, President of the Building Officials Association of South Carolina.

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

CONCURRENT RESOLUTION

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

S. 640 -- Senators Pope, Macaulay and Courson: A CONCURRENT RESOLUTION DESIGNATING MAY 23, 1989, WHICH IS THE TWO HUNDRED FIRST ANNIVERSARY OF SOUTH CAROLINA'S RATIFICATION OF THE UNITED STATES CONSTITUTION, AS "RATIFICATION REAFFIRMATION DAY" IN SOUTH CAROLINA AND AUTHORIZING THE UNITED STATES CONSTITUTION BICENTENNIAL COMMISSION OF SOUTH CAROLINA TO PLAN APPROPRIATE: CEREMONIES TO TAKE PLACE IN THE STATE HOUSE AND ON THE STATE HOUSE GROUNDS THAT DAY, WITHOUT CHARGE, IN OBSERVANCE AND COMMEMORATION OF THIS HISTORIC OCCASION.

Whereas, the Constitution of the United States was ratified by the State of South Carolina on May 23, 1788, and the Palmetto State became the eighth state to do so; and

Whereas, the two hundred first anniversary of this important event in the history of South Carolina and the nation will fall on Tuesday, May 23, 1989; and

Whereas, it is desirable that this great event in the life of our State and Nation be observed by all of the people and that the ceremony be held at the State House to commemorate the ratification of the Constitution of the United States by this State in order that every South Carolinian may come to a better understanding of the importance of this great document of human liberty; and

Whereas, the primary purpose of the ceremony is to replace the 1938 time capsule with Constitution bicentennial-related memorabilia. The sesquicentennial documents that originally were in the time capsule are now in the care of the South Carolina Department of Archives and History at the request of the United states Constitution Bicentennial Commission of South Carolina: and

Whereas, the commission also will dedicate and unveil a plaque commemorating the ratification which names the commission members; and

Whereas, it behooves state and local government officials and the state's educators to emphasize and direct the attention of our citizens to the importance of the role that South Carolina played in the development of the Nation. Now, therefore,

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

That the members of the General Assembly designate May 23, 1989, which is the two hundred first anniversary of South Carolina's ratification of the United States Constitution, as "Ratification Reaffirmation Day" in South Carolina and authorize the United states Constitution Bicentennial Commission of south Carolina to plan appropriate ceremonies to take place in the State House and on the State House grounds that day, without charge, in observance and commemoration of this historic occasion.

Be it further resolved that a copy of this resolution be forwarded to the United States Constitution Bicentennial Commission of South Carolina.

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

INTRODUCTION OF BILLS

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

H. 3871 -- Rep. Washington: A BILL TO AMEND SECTION 16-3-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE PROVISIONS REGARDING THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO REDEFINE, IN PART, THE TERM "CRIME" AND TO DELETE THE TERM "RECKLESSLY OR INTENTIONALLY INFLICTED INJURY OR DEATH".

Referred to Committee on Judiciary.

H. 3872 -- Reps. Wilkins, Baxley, Barber, Hodges, Corning, Sheheen, Hayes, Cole, Nettles, Beasley, McEachin and Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-5-380 SO AS TO ALLOW STATE-EMPLOYED ATTORNEYS TO ENGAGE IN PRO BONO REPRESENTATION UNDER A PRO BONO PROGRAM ORGANIZED, SPONSORED, OR ENDORSED BY THE SOUTH CAROLINA BAR AND TO ESTABLISH REQUIREMENTS FOR THE REPRESENTATION.

Referred to Committee on Judiciary.

H. 3873 -- Reps. Wilkins and Clyborne: A BILL TO REQUIRE MEMBERS OF STATE BOARDS, COMMITTEES, COUNCILS, AND COMMISSIONS TO ATTEND A MINIMUM NUMBER OF MEETINGS ANNUALLY, TO PROVIDE THAT FAILURE TO ATTEND THE REQUISITE NUMBER OF MEETINGS CONSTITUTES PERSISTENT NEGLECT OF DUTY FOR PURPOSES OF SECTION 1-3-240 OF THE 1976 CODE OF LAWS, AND TO PROVIDE THAT THIS ACT DOES NOT APPLY TO EX OFFICIO MEMBERS OR THEIR DESIGNEES.

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

H. 3874 -- Reps. Wilkins and Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-7-27 SO AS TO ALLOW A CREDIT AGAINST THE INSURANCE PREMIUM TAX ATTRIBUTABLE TO PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES WRITTEN IN AN AMOUNT EQUAL TO NINETY-FOUR HUNDREDTHS OF ONE PERCENT OF PREMIUM INCOME ON SUCH POLICIES, TO REQUIRE RATE REDUCTIONS ON THOSE POLICIES EQUAL TO THE CREDIT ATTRIBUTABLE TO THEM, TO REQUIRE A PLAIN LANGUAGE STATEMENT OF THE REASONS FOR THE REDUCTION ON THE APPROPRIATE APPLICATIONS AND RENEWAL NOTICES; AND TO AMEND SECTION 38-7-100, RELATING TO THE DISTRIBUTION OF INSURANCE PREMIUM TAXES, SO AS TO PROVIDE THAT ALL PREMIUM TAXES ATTRIBUTABLE TO PRIVATE PASSENGER CAR INSURANCE POLICIES MUST BE DISTRIBUTED TO COUNTIES.

Referred to Committee on Ways and Means.

H. 3875 -- Reps. Wilkins and Clyborne: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURE, BY ADDING CHAPTER 10 SO AS TO ENACT THE UNIFORM CRIMINAL EXTRADITION ACT (1936) AND TO REPEAL CHAPTER 9, TITLE 17, RELATING TO EXTRADITION.

Referred to Committee on Judiciary.

H. 3876 -- Rep. Washington: A BILL TO AMEND SECTION 52-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ATHLETIC COMMISSION, SO AS TO INCREASE THE MEMBERSHIP FROM SEVEN TO NINE MEMBERS AND TO PROVIDE FOR THE APPOINTMENT OF A MEMBER FROM THE SENATE AND A MEMBER FROM THE HOUSE OF REPRESENTATIVES.

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

H. 3877 -- Rep. McLellan: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 122 SO AS TO AUTHORIZE THE BOARD OF VISITORS OF THE CITADEL TO ISSUE STUDENT AND FACULTY HOUSING REVENUE BONDS IN ORDER TO PROVIDE FUNDS FOR THE ACQUISITION, CONSTRUCTION, RENOVATION, OR EQUIPPING OF STUDENT AND FACULTY HOUSING AND RELATED AUXILIARY FACILITIES, TO PROVIDE THAT THE BONDS MUST BE SECURED BY A LIEN ON AND PLEDGE OF REVENUES DERIVED FROM STUDENT AND FACULTY HOUSING AND AUXILIARY FACILITIES AND OPERATIONS, TO PROVIDE PROCEDURES RELATING TO THE AUTHORIZATION OF THE BONDS; AND TO REPEAL ACT 619 OF 1967 AND SECTION 7 OF ACT 194 OF 1979 RELATING TO THE AUTHORIZATION OF THE BOARD OF VISITORS TO ISSUE STUDENT HOUSING RENOVATION BONDS.

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

H. 3878 -- Reps. McEachin, Hayes and Corning: A BILL TO AMEND SECTIONS 58-7-20 AND 58-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFERRING ON PIPELINE AND WATER COMPANIES THE RIGHTS, POWERS, AND PRIVILEGES OF TELEGRAPH AND TELEPHONE COMPANIES TO CONDEMN PROPERTY, AND THE AUTHORITY OF WATER COMPANIES TO CONDEMN LAND FOR WATERWORKS, SO AS TO CORRECT REFERENCES, ADD COMPANIES PROVIDING SEWERAGE SERVICE TO THOSE COMPANIES AUTHORIZED TO CONDEMN PROPERTY, AND DELETE REFERENCES DESCRIBING THE PURPOSES FOR WHICH A COMPANY SUPPLYING WATER IS QUALIFIED TO CONDEMN PROPERTY.

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

H. 3879 -- Rep. Sheheen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1896, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO REQUIRE MEMBERS OF THE HOUSE AND SENATE TO BE ELECTED FROM SINGLE-MEMBER ELECTION DISTRICTS, TO REQUIRE REAPPORTIONMENT OF THESE ELECTION DISTRICTS EVERY TEN YEARS, TO PROVIDE THAT THE AGE REQUIREMENTS OF SENATORS AND REPRESENTATIVES AS CONTAINED IN THE CONSTITUTION ARE AS OF THE TIME THEIR TERM OF OFFICE BEGINS, TO PROVIDE THAT THE MEMBERS OF THE GENERAL ASSEMBLY SHALL RECEIVE AN ANNUAL SALARY AND ALLOWANCES AS PRESCRIBED BY LAW AND THAT ADDITIONAL SALARY AND ALLOWANCES MAY BE PROVIDED FOR SPECIAL SESSIONS, TO PROVIDE THAT EACH HOUSE OF THE GENERAL ASSEMBLY SHALL NOT JUDGE THOSE QUALIFICATIONS OF ITS OWN MEMBERS WHICH ARE SET OUT IN THE CONSTITUTION, TO REVISE THE IMMUNITY OF THE MEMBERS OF THE GENERAL ASSEMBLY FROM CIVIL PROCESS OR CRIMINAL ARREST FOR CERTAIN OFFENSES DURING THEIR ATTENDANCE AT THE GENERAL ASSEMBLY TO AUTHORIZE EITHER HOUSE TO PROVIDE BY RULE FOR THE SECOND READING OF BILLS AND JOINT RESOLUTIONS "VIVA VOCE" OR BY DISTRIBUTION OF PRINTED COPIES THEREOF TO EACH MEMBER, TO REQUIRE A ROLL CALL VOTE IN ALL ELECTIONS BY THE GENERAL ASSEMBLY OR EITHER HOUSE THEREOF EXCEPT UPON UNANIMOUS CONSENT TO DISPENSE WITH THE ROLL CALL, TO REQUIRE THE PROCEEDINGS OF EACH HOUSE TO BE PUBLIC EXCEPT WHEN TWO-THIRDS OF THE MEMBERS PRESENT IN EITHER HOUSE VOTE TO HAVE A CLOSED SESSION, TO PROVIDE THAT ANY VACANCY IN THE GENERAL ASSEMBLY WHERE THE UNEXPIRED TERM IS LESS THAN ONE YEAR MAY BE FILLED AS PROVIDED BY GENERAL LAW, TO DELETE LANGUAGE PROHIBITING THE MARRIAGE OF PERSONS OF A CERTAIN RACE AND LANGUAGE RELATING TO UNMARRIED WOMEN UNDER A CERTAIN AGE CONSENTING TO SEXUAL INTERCOURSE, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE FOR THE CODIFICATION OF THE LAWS OF THIS STATE AND FOR KEEPING THE CODIFICATION UP TO DATE.

Referred to Committee on Judiciary.

H. 3880 -- Reps. Elliott, Barfield and Keegan: A BILL TO AMEND SECTION 9-9-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERSHIP IN THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA, SO AS TO PROVIDE THAT A MEMBER OF THE GENERAL ASSEMBLY FROM THE YEARS 1956 TO 1970 WHO TERMINATED WITH AT LEAST SIX YEARS' SERVICE MAY ESTABLISH CREDIT FOR THE SERVICE BY PAYING THE AMOUNT PAID BY MEMBERS AT THE SAME TIME FOR THE SAME SERVICE, PLUS INTEREST AND TO ALLOW A FORMER MEMBER ELECTING TO REESTABLISH THE CREDIT TO RECEIVE A BENEFIT IF HE IS AT LEAST SIXTY YEARS OF AGE.

Referred to Committee on Ways and Means.

H. 3881 -- Reps. Corning, Baker, Davenport, Haskins, Koon, G. Bailey, Blackwell, Rama, Bruce, McCain, Sturkie, Klapman, Clyborne, McGinnis, Wells, Elliott, Corbett, Fair, Wright, Littlejohn, Vaughn, Phillips and Wofford: A BILL TO AMEND TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLES, BY ADDING CHAPTER 2 SO AS TO ENACT PROVISIONS FOR THE REGISTRATION AND LICENSING OF UNINSURED MOTOR VEHICLES, AND BY ADDING CHAPTER 4 SO AS TO ENACT THE "MOTOR VEHICLE SAFETY RESPONSIBILITY ACT", INCLUDING PROVISIONS COVERING ADMINISTRATION AND ENFORCEMENT, SECURITY FOLLOWING AN ACCIDENT, PROOF OF FINANCIAL RESPONSIBILITY FOR THE FUTURE, MOTOR VEHICLE LIABILITY POLICIES, AND THE ASSOCIATED AUTOMOBILE INSURERS OF SOUTH CAROLINA, WHICH IS AN UNINCORPORATED, NONPROFIT, INDEPENDENT, LEGAL ENTITY FOR THE PROVIDING OF AUTOMOBILE INSURANCE FOR CERTAIN INSUREDS AND TO REPEAL ARTICLES 1, 3, AND 5, CHAPTER 77, TITLE 38, RELATING TO AUTOMOBILE INSURANCE, PURPOSES AND DEFINITIONS, THE "MANDATE TO WRITE" AND INSURANCE COVERAGE, AND THE REINSURANCE FACILITY AND DESIGNATED PRODUCERS, CHAPTER 9, TITLE 56, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, AND CHAPTER 10, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY.

Referred to Committee on Labor, Commerce and Industry.

H. 3882 -- Rep. McLellan: A BILL TO AMEND SECTION 11-13-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF AN INDEMNITY BOND OR COLLATERAL TO ENSURE STATE DEPOSITS, SO AS TO REQUIRE THAT WHEN THE STATE TREASURER DEPOSITS STATE FUNDS IN EXCESS OF THE INSURANCE COVERAGE WITH A BANK OR SAVINGS AND LOAN ASSOCIATION, IT SHALL FURNISH AN INDEMNITY BOND IN AN AMOUNT SUFFICIENT TO PROTECT THE STATE AGAINST LOSS IN THE EVENT OF INSOLVENCY OR LIQUIDATION, OR PLEDGE OTHER TYPES OF COLLATERAL AND TO REPEAL SECTION 11-13-50 RELATING TO THE REQUIREMENT THAT AN INDEMNITY BOND IS REQUIRED OF A BANK OR TRUST COMPANY WHICH IS MADE A STATE DEPOSITORY.

Referred to Committee on Ways and Means.

H. 3883 -- Rep. Baxley: A BILL TO AMEND SECTION 36-9-319, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF SECURED PROPERTY WITHOUT CONSENT UNDER THE UNIFORM COMMERCIAL CODE, SO AS TO INCREASE THE MONETARY PENALTY FOR VIOLATION AND TO INCREASE THE DOLLAR AMOUNT OF THE VALUE OF THE PROPERTY WHICH MAKES THE OFFENSE TRIABLE IN MAGISTRATE'S COURT.

Referred to Committee on Judiciary.

H. 3884 -- Rep. Baxley: A BILL TO AMEND SECTION 59-63-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF A PUBLIC SCHOOL STUDENT TO AN ADJOINING SCHOOL DISTRICT, SO AS TO PROVIDE FOR A LIMITATION ON THE FEE CHARGED FOR THE TRANSFER AND FOR THE APPLICABLE FEES.

Referred to Committee on Education and Public Works.

H. 3885 -- Rep. Keegan: A BILL TO AMEND SECTION 15-35-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENTS, SO AS TO PROVIDE THAT THE COURT MAY NOT ORDER AN EXCEPTION TO THE ENTRY OF JUDGMENTS ON THE ABSTRACT AS PROVIDED BY THE SECTION NOR MAY IT SEAL A CIVIL MONETARY JUDGMENT.

Referred to Committee on Judiciary.

H. 3886 -- Rep. Keegan: A BILL TO REPEAL CHAPTERS 15 AND 16 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTATE TAX.

Referred to Committee on Ways and Means.

H. 3887 -- Reps. Snow, Barfield, G. Brown, Bruce and Smith: A BILL TO AMEND SECTIONS 46-13-30 AND 46-13-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PESTICIDE CONTROL, SO AS TO AUTHORIZE THE PROMULGATION OF REGULATIONS AND TO PROVIDE THAT ANY PERSON MAY BE PENALIZED FOR VIOLATIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 46-13-55 AND 46-13-185 SO AS TO PROVIDE FOR THE REGULATION OF STRUCTURAL PEST CONTROL ACTIVITY AND TO AUTHORIZE THE DIRECTOR OF THE DIVISION OF REGULATORY AND PUBLIC SERVICE PROGRAMS OF CLEMSON UNIVERSITY TO EMPLOY COUNSEL.

Referred to Committee on Agriculture and Natural Resources.

H. 3888 -- Reps. Snow, Barfield, G. Brown, Bruce and Smith: A BILL TO AMEND SECTIONS 40-77-250, 40-77-260, 40-77-270, AND 40-77-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GEOLOGISTS, SO AS TO CHANGE QUALIFICATIONS FOR CERTIFICATION OF GEOLOGISTS AND GEOLOGISTS-IN-TRAINING AND THE ISSUANCE AND RENEWAL OF CERTIFICATES AND RENEWAL OF REGISTRATION CARDS AND TO REPEAL SECTION 40-77-170 RELATING TO ELIGIBILITY FOR RECOGNITION IN A SPECIALTY.

Referred to Committee on Agriculture and Natural Resources.

H. 3889 -- Reps. Snow, Barfield, G. Brown, Bruce and Smith: A BILL TO AMEND SECTION 46-17-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN COMMODITIES MARKETING LEGISLATION, SO AS TO INCLUDE "COTTON" IN THE DEFINITION OF "AGRICULTURAL COMMODITY".

Referred to Committee on Agriculture and Natural Resources.

H. 3890 -- Reps. Locke my, G. Bailey, Corbett, Gordon, Cooper, Farr, Waldrop, Glover, Elliott, Wofford, Vaughn and McGinnis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-1-60 SO AS TO PROHIBIT THE INTERRUPTION OF ELECTRIC OR GAS HEATING SERVICE BY A UTILITY TO A RESIDENTIAL CUSTOMER WHO FILES FOR RELIEF IN WHOSE HOUSEHOLD THERE IS A RESIDENT SIXTY-FIVE YEARS OF AGE OR OLDER DURING THE MONTHS OF DECEMBER, JANUARY, AND FEBRUARY OF ANY YEAR AND TO PROVIDE FOR APPEALS TO THE PUBLIC SERVICE COMMISSION.

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

H. 3891 -- Reps. Fair, J.C. Johnson, Davenport, Haskins, G. Bailey, Vaughn, Wells, Corbett, Wright, Quinn, Harvin, Nesbitt, G. Brown, Klapman and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-90 SO AS TO PROVIDE REQUIREMENTS FOR THE HUMANE DISPOSAL OF FETAL TISSUE.

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

H. 3892 -- 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 CERTAIN BOOKS WHEN TAUGHT ALONE DO NOT CONFORM TO STATE LAW.

Referred to Committee on Invitations and Memorial Resolutions.

H. 3893 -- Rep. Blackwell: A BILL TO AMEND SECTION 2-15-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION, QUALIFICATIONS, AND DUTIES OF THE DIRECTOR OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO PROVIDE THAT THE DIRECTOR SHALL HOLD OFFICE AT THE PLEASURE OF THE COUNCIL.

Referred to Committee on Judiciary.

H. 3894 -- Rep. Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-17-565 SO AS TO PROVIDE THAT ALL INVOLUNTARY COMMITMENT HEARINGS INVOLVING PATIENTS AT THE CRAFTS-FARROW HOSPITAL MUST BE HELD ON THE PREMISES OF THE HOSPITAL, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT A RESIDENT PROBATE JUDGE OF RICHLAND OR LEXINGTON COUNTY MAY PRESIDE AT THESE HEARINGS IF HE CONSENTS AND UPON THE REQUEST OF THE PROBATE COURT HAVING JURISDICTION OF THE PROCEEDINGS.

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

H. 3895 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE BY ADDING CHAPTER 70 SO AS TO PROVIDE FOR THE REGULATION OF "UTILIZATION REVIEWS" AND "PRIVATE REVIEW AGENTS" IN REGARD TO HEALTH CARE SERVICES GIVEN OR PROPOSED TO BE GIVEN TO A PATIENT OR A GROUP OF PATIENTS.

Without reference.

H. 3896 -- Reps. Neilson, Davenport, McGinnis, Taylor, Simpson and J. Harris: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-3-55 SO AS TO MAKE IT UNLAWFUL TO OWN OR POSSESS A PIT BULL DOG IN THIS STATE AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Agriculture and Natural Resources.

H. 3897 -- Reps. Barber, Hallman, Whipper and Rama: A BILL TO AMEND SECTION 12-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT ANY MOTOR VEHICLE LOANED TO A SCHOOL DISTRICT WITHOUT CHARGE FOR DRIVER TRAINING PURPOSES BY AN OWNER OR DEALER FOR ANY LENGTH OF TIME DURING A PARTICULAR YEAR, AND TO AMEND CHAPTER 3 OF TITLE 56, RELATING TO REGISTRATION AND LICENSING OF MOTOR VEHICLES BY ADDING ARTICLE 41 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL PERMANENT LICENSE PLATES TO A SCHOOL DISTRICT TO BE AFFIXED TO VEHICLES USED BY THE DISTRICT FOR DRIVER TRAINING PURPOSES.

Referred to Committee on Ways and Means.

H. 3898 -- Reps. Jaskwhich and Manly: A BILL TO AMEND ACT 275 OF 1985, AS LAST AMENDED BY ACT 269 OF 1987, RELATING TO THE TAX LEVY FOR THE SCHOOL DISTRICT OF GREENVILLE COUNTY.

Referred to Committee on Ways and Means.

H. 3899 -- Rep. Elliott: A JOINT RESOLUTION TO ROLL BACK WHOLESALE GASOLINE PRICES IN THIS STATE TO THE BASE PRICE ON APRIL 1, 1989, AT CERTAIN LOCATIONS, TO AUTHORIZE EXCESS PRICES UNDER CERTAIN CONDITIONS TO BE CONSIDERED AS A SURTAX, AND TO PROVIDE THE MANNER IN WHICH THE EXCESS SURTAX REVENUE MUST BE USED.

Referred to Committee on Ways and Means.

H. 3900 -- Rep. R. Brown: A BILL TO AMEND SECTION 23-9-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFORMANCE WITH MINIMUM FIRE PREVENTION AND PROTECTION STANDARDS, SO AS TO PROVIDE THAT THE DIVISION OF STATE FIRE MARSHAL MAY CHARGE FEES FOR PLAN AND SPECIFICATION REVIEW.

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

H. 3901 -- Rep. Wilkins: A BILL, TO AMEND SECTION 56-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS EXEMPT FROM DRIVERS' LICENSING REQUIREMENTS, SO AS TO EXEMPT CITIZENS OF FOREIGN COUNTRIES WHO HAVE A VALID DRIVER'S LICENSE ISSUED BY THAT NATION AND WHOSE COUNTRY GRANTS THE SAME EXEMPTION TO CITIZENS OF THIS STATE.

Referred to Committee on Education and Public Works.

H. 3902 -- Reps. McLeod, Blanding and G. Brown: A BILL TO AMEND SECTION 48-23-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION OF FORESTRY, SO AS TO RECONSTITUTE THE COMMISSION INTO A SEVEN MEMBER COMMISSION ELECTED BY THE GENERAL ASSEMBLY, ONE MEMBER ELECTED FROM EACH CONGRESSIONAL DISTRICT AND A CHAIRMAN ELECTED FROM THE STATE AT LARGE, TO PROHIBIT PERSONS OWNING MORE THAN FIVE THOUSAND ACRES OF FOREST LAND, OR WHO ARE EMPLOYED BY OR RETAINED TO REPRESENT PERSONS OR ENTITIES OWNING MORE THAN FIVE THOUSAND ACRES OF FOREST LAND FROM SERVING ON THE COMMISSION; AND TO REPEAL SECTIONS 48-23-20 AND 48-23-30, RELATING TO THE TERMS OF COMMISSIONERS AND ELECTION OF THE COMMISSION CHAIRMAN.

Referred to Committee on Agriculture and Natural Resources.

H. 3903 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIFICATIONS OF LICENSE PLATES, SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MAY REVALIDATE ALL LICENSE PLATES EXCEPT VEHICLES EXCEEDING TWENTY-FOUR THOUSAND POUNDS BY STICKER OR OTHER SUITABLE MEANS UPON PAYMENT OF THE SAME FEE PRESCRIBED FOR THE INITIAL ISSUANCE.

Referred to Committee on Education and Public Works.

H. 3904 -- Rep. Altman: A BILL TO AMEND SECTIONS 56-19-240 AND 56-19-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF TITLE FOR MOTOR VEHICLES, SO AS TO PROVIDE THAT ODOMETER DISCLOSURE STATEMENTS MUST COMPLY WITH FEDERAL GUIDELINES AND REQUIREMENTS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND TO ELIMINATE INFORMATION REQUIRED TO BE FURNISHED ON TITLE CERTIFICATES AND ON APPLICATIONS FOR CERTIFICATES.

Referred to Committee on Education and Public Works.

H. 3905 -- Rep. Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-1-95 SO AS TO PROVIDE FOR THE ESTABLISHMENT BY THE STATE DEPARTMENT OF SOCIAL SERVICES OF WRITTEN CRITERIA FOR EVALUATING A COUNTY DEPARTMENT OF SOCIAL SERVICES AND ITS DIRECTORS, THE CRITERIA REQUIREMENTS, AN ADVISORY COMMITTEE TO DESIGN A REVIEW PROCEDURE FOR COUNTY OPERATIONS, CORRECTIVE ACTION PLANS AND COMPLIANCE, AND THE COUNTY DIRECTOR'S REMOVAL.

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

H. 3906 -- Rep. T.C. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-330 SO AS TO REQUIRE A STATE INSTITUTION OF HIGHER LEARNING TO GIVE PRIORITY TO IN-STATE STUDENTS IN PROVIDING STUDENT HOUSING.

Referred to Committee on Education and Public Works.

H. 3907 -- Rep. Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-301 SO AS TO PROVIDE THAT WHENEVER THE DUE DATE FOR MAKING ANY RETURN OR ANY PAYMENT OF TAXES OR FOR FILING OR SUBMITTING ANY OTHER FORM OR DOCUMENT REGARDING REAL PROPERTY FALLS ON SATURDAY, SUNDAY, OR A LEGAL HOLIDAY, THE DEADLINE FOR MAKING THE RETURN OR THE PAYMENT OR FOR FILING OR SUBMITTING THE FORM OR DOCUMENT IS EXTENDED FOR TWO REGULAR WORKING DAYS.

Referred to Committee on Ways and Means.

H. 3908 -- Rep. Moss: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION AND ASSESSMENT RATIOS OF PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO PROVIDE THAT THE ROLLBACK TAX MAY NOT BE IMPOSED WHEN THE USE OF PROPERTY ASSESSED AS AGRICULTURAL IS CHANGED TO RESIDENTIAL USE AND IN LIEU OF THE ROLLBACK TAX A CHANGE OF USE PENALTY IN THE AMOUNT OF THIRTY DOLLARS IS TO BE IMPOSED IN THESE CASES.

Referred to Committee on Ways and Means.

H. 3909 -- Rep. Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-37-190 SO AS TO PROVIDE FOR THE COASTAL COUNCIL TO APPROVE BEACH RENOURISHMENT UNDERTAKEN BY A MUNICIPALITY; AND TO AMEND SECTION 5-37-20, AS AMENDED, RELATING TO DEFINITIONS USED IN THE MUNICIPAL IMPROVEMENT ACT OF 1973, SO AS TO REDEFINE "IMPROVEMENTS", "IMPROVEMENT DISTRICT", AND "IMPROVEMENT PLAN"; SECTION 5-37-30, RELATING TO AUTHORIZATION AND FUNDING OF IMPROVEMENTS, SECTION 5-37-50, RELATING TO RESOLUTIONS FOR IMPROVEMENT PLANS, AND SECTION 5-37-70, RELATING TO THE PAYMENT OF THE COSTS OF IMPROVEMENTS, SO AS TO INCLUDE BEACH RENOURISHMENT; AND SECTION 5-37-90, RELATING TO IMPROVEMENTS AS MUNICIPAL PROPERTY AND SPECIAL ASSESSMENTS, SO AS TO EXCLUDE CERTAIN PARTS OF A BEACH RENOURISHMENT PROJECT.

Referred to Committee on Agriculture and Natural Resources.

H. 3910 -- Rep. Moss: A BILL TO ENACT THE SOUTH CAROLINA HOSPITAL DISCHARGE PLANNING ACT.

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

H. 3911 -- Rep. P. Harris: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-113-65 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL APPROPRIATE AN AMOUNT FOR HIGHER EDUCATION TUITION GRANTS NOT LESS THAN TEN PERCENT OF THE TOTAL AMOUNT APPROPRIATED FOR HIGHER EDUCATION AT THE CITADEL, COLLEGE OF CHARLESTON, CLEMSON UNIVERSITY, FRANCIS MARION COLLEGE, LANDER COLLEGE, THE UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE COLLEGE, AND WINTHROP COLLEGE IN A FISCAL YEAR, TO MAKE THE TEN PERCENT FUNDING FORMULA EFFECTIVE BEGINNING IN FISCAL YEAR 1992-93, AND TO PROVIDE A FOUR-YEAR PHASE-IN OF THE FORMULA BEGINNING WITH THE APPROPRIATION FOR HIGHER EDUCATION TUITION GRANTS IN FISCAL YEAR 1989-90.

Referred to Committee on Ways and Means.

H. 3912 -- Rep. McEachin: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME, SO AS TO ELIMINATE ALL DEDUCTIONS FOR FEDERAL OR STATE RETIREMENT OR PENSION BENEFITS OF ANY TYPE; TO AMEND SECTIONS 9-1-1680, AS AMENDED, 9-8-190, 9-9-180, AND 9-11-270, RELATING TO THE TAX EXEMPTION ALLOWED RETIREMENT BENEFITS OF THE VARIOUS STATE RETIREMENT SYSTEMS, SO AS TO DELETE THE EXEMPTION FROM THE STATE INDIVIDUAL INCOME TAX; TO REPEAL SECTION 12-7-436, RELATING TO PHASE-IN PROVISIONS OF CERTAIN RETIREMENT EXCLUSIONS; TO REPEAL SECTION 12-7-565, RELATING TO THE EXCLUSION FROM INCOME OF RETIREMENT BENEFITS CERTAIN TEACHERS AND EMPLOYEES OF THIS STATE LIVING IN OTHER STATES; AND TO REPEAL SECTION 12-7-570, RELATING TO THE EXCLUSION FROM INCOME OF RETIREMENT BENEFITS OF MEMBERS OF THE NATIONAL GUARD OR OTHER RESERVE COMPONENTS OF THE ARMED FORCES.

Referred to Committee on Ways and Means.

H. 3913 -- Reps. Cooper, Chamblee, P. Harris, Waldrop, Simpson, Blackwell, Townsend and Hendricks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-160 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF A GOLDEN PALMETTO CARD PROGRAM FOR PERSONS SIXTY YEARS OF AGE OR OLDER OR DISABLED.

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

H. 3914 -- Reps. Neilson, Sharpe and Davenport: A BILL TO AMEND SECTION 47-3-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DANGEROUS DOGS, SO AS TO MAKE VIOLATIONS OF PROVISIONS REGULATING DANGEROUS DOGS FELONIES AND TO INCREASE PENALTIES.

Referred to Committee on Agriculture and Natural Resources.

H. 3915 -- Reps. Vaughn and Fair: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 22 SO AS TO ESTABLISH THE SOUTH CAROLINA EQUAL ACCESS ACT.

Referred to Committee on Education and Public Works.

H. 3916 -- Rep. Elliott: A BILL TO RECONSTITUTE THE MEMBERSHIP OF THE HORRY COUNTY BOARD OF EDUCATION, AND TO PROVIDE FOR THE TERMS OF THESE MEMBERS.

Referred to Horry Delegation.

S. 493 -- Senator Leatherman: A BILL TO AMEND SECTION 41-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA PRIVATE PERSONNEL PLACEMENT SERVICES ACT, SO AS TO EXPAND THE DEFINITIONS OF "PRIVATE PERSONNEL PLACEMENT SERVICE" AND "PLACEMENT FEE" TO INCLUDE THE DESCRIPTION OF ACTIVITIES WHICH WOULD BE SUBJECT TO THE PROVISIONS OF CHAPTER 25 OF TITLE 41 (PRIVATE PERSONNEL PLACEMENT SERVICES ACT).

Referred to Committee on Labor, Commerce and Industry.

S. 502 -- Senators Nell W. Smith, Moore and Hayes: 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 Medical, Military, Public and Municipal Affairs.

S. 570 -- Senator Long: A BILL TO AMEND SECTION 6-17-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE REVENUE BOND REFINANCING ACT OF 1937, SO AS TO REVISE THE DEFINITION OF "MUNICIPALITY".

Referred to Committee on Ways and Means.

S. 571 -- Senators Lourie, Passailaigue, Wilson, Leatherman, Fielding, McGill, Waddell, Courson, Long and Rose: A BILL TO AMEND SECTION 7-9-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE CONVENTIONS OF POLITICAL PARTIES, SO AS TO CHANGE TIMES WHEN THE CONVENTIONS MUST BE HELD.

Referred to Committee on Judiciary.

ROLL CALL

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                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                Cork                   Corning
Davenport              Derrick                Elliott
Faber                  Fair                   Fant
Farr                   Ferguson               Foster
Gentry                 Glover                 Gordon
Gregory                Hallman                Harris, J.
Harris, P.             Harvin                 Harwell
Haskins                Hayes                  Hearn
Hendricks              Hodges                 Holt
Jaskwhich              Johnson, J.C.          Johnson, J.W.
Kay                    Keegan                 Keesley
Keyserling             Kirsh                  Klapman
Kohn                   Koon                   Lanford
Limehouse              Littlejohn             Lockemy
Manly                  Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McEachin
McGinnis               McKay                  McLellan
McLeod                 McTeer                 Moss
Neilson                Nesbitt                Nettles
Phillips               Quinn                  Rama
Rhoad                  Rogers, J.             Rogers, T.
Rudnick                Sharpe                 Sheheen
Short                  Simpson                Smith
Snow                   Stoddard               Sturkie
Taylor                 Townsend               Tucker
Vaughn                 Waites                 Waldrop
Washington             Wells                  Whipper
White                  Wilder                 Wilkes
Wilkins                Williams, D.           Winstead
Wofford                Wright

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on April 13, 1989.

Thomas Huff                       Joseph McElveen
John Felder
Total Present-122

LEAVE OF ABSENCE

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

STATEMENT OF ATTENDANCE

Rep. KOON signed a statement with the Clerk that he came in after the roll call of the House and was present for the session on Wednesday, April 12, 1989.

SENT TO THE SENATE

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

H. 3705 -- Rep. Farr: A BILL TO PROVIDE FOR NINE MEMBERS OF THE UNION COUNTY BOARD OF SCHOOL TRUSTEES, PROVIDE FOR ELECTION OF MEMBERS IN NONPARTISAN ELECTIONS IN THE GENERAL ELECTION, PROVIDE FOR DEFINED SINGLE-MEMBER ELECTION DISTRICTS WITH ONE TRUSTEE EACH, PROVIDE FOR THE TERMS OF THE MEMBERS, PROVIDE FOR THE FILLING OF VACANCIES ON THE BOARD, PROVIDE FOR THE EXPIRATION OF THE TERMS OF CURRENT MEMBERS, AND PROVIDE THAT IF A MEMBER OF THE BOARD MOVES HIS RESIDENCE FROM THE SINGLE-MEMBER ELECTION DISTRICT FROM WHICH HE WAS ELECTED, HIS OFFICE BECOMES VACANT AUTOMATICALLY; AND TO REPEAL ACTS 615 AND 616 OF 1984, RELATING TO THE UNION COUNTY BOARD OF SCHOOL TRUSTEES AND NONPARTISAN ELECTIONS, TERMS OF OFFICE OF THE MEMBERS SO ELECTED, THE MANNER IN WHICH THE NONPARTISAN ELECTIONS MUST BE CONDUCTED, AND THE MANNER IN WHICH VACANCIES MUST BE FILLED.

H. 3612 -- Rep. M.D. Burriss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-35 SO AS TO AUTHORIZE COUNTIES AND MUNICIPALITIES TO PRESERVE AND PROTECT ABANDONED CEMETERIES.

H. 3845 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PHYSICAL THERAPY EXAMINERS, RELATING TO THE PRACTICE OF PHYSICAL THERAPY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1080, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3846 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR THE BLIND, RELATING TO THE RANDOLPH-SHEPPARD VENDING FACILITY PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1081, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3832-DEBATE ADJOURNED

Rep. McTEER moved to adjourn debate upon the following Bill until Tuesday, April 18, which was adopted.

H. 3892 -- Rep. McTeer: A BILL TO PROVIDE FOR THE COMPOSITION AND ELECTION OF HAMPTON COUNTY SCHOOL DISTRICTS 1 AND 2 TRUSTEES AND A METHOD FOR FILLING VACANCIES, AND TO REPEAL ACTS 547 AND 549 OF 1982.

H. 3224-DEBATE ADJOURNED

Rep. G. BAILEY moved to adjourn debate upon the following Bill until Tuesday, April 18, which was adopted.

H. 3224 -- Reps. J. Brown, Washington, Felder, J. Bailey, White, D. Martin, Harvin, Glover, K. Bailey, Taylor, McBride, Davenport, Altman, Mattos, Gordon, Fant and G. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-17-45 SO AS TO REQUIRE A RETAIL DEALER IN MOBILE HOMES TO CERTIFY THAT THE PURCHASER'S LOT MEETS APPLICABLE ZONING REQUIREMENTS AND APPLICABLE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGULATION FOR WELLS AND SEPTIC TANKS AND TO PROVIDE THAT A CONTRACT OF SALE NOT CONTAINING THE CERTIFICATE IS VOIDABLE BY THE PURCHASER.

H. 3636--AMENDED AND
ORDERED TO THIRD READING

The following Bill was taken up.

H. 3636 -- Rep. Locke my: A BILL TO AMEND SECTION 44-6-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MEDICALLY INDIGENT ASSISTANCE ACT AND, AMONG OTHER THINGS, TO CONFIDENTIAL INFORMATION, SO AS TO PROVIDE FOR THE RELEASE OF UNIFORM BILLING SYSTEM DATA AND OTHER NECESSARY DATA WITH PATIENT AND HOSPITAL IDENTIFICATION TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONDUCT DISEASE AND INJURY SURVEILLANCE STUDIES, RESTRICT THE RELEASE OF THE INFORMATION PROVIDED TO THE DEPARTMENT, AND ALLOW THE DEPARTMENT TO PUBLISH THE RESULTS OF ITS SURVEILLANCE STUDIES; AND TO AMEND SECTION 44-6-180, RELATING TO THE MEDICALLY INDIGENT ASSISTANCE ACT AND THE CONFIDENTIALITY OF PATIENT RECORDS, SO AS TO PROVIDE THAT NOTHING IN THIS SECTION MAY BE CONSTRUED AS LIMITING ACCESS TO INFORMATION NEEDED BY THE DEPARTMENT TO CONDUCT DISEASE AND INJURY SURVEILLANCE STUDIES.

The Committee on Medical, Military, Public and Municipal Affairs proposed the following Amendment No. 1 (Doc. No. 3223U), which was adopted.

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

/SECTION 1. Section 44-6-170(A)(10)(p) and (q) are amended to read:

"(p) Principal source of payment; and

(q) Total charges and components of those charges.;"

SECTION 2. section 44-6-170(A)(10) is amended by adding:

"(r) Patient medical record or chart number; and

(s) Attending physician and primary surgeon."

SECTION 3. Section 44-6-170(B) of the 1976 Code is amended to read:

"(B) It is the intent of the South Carolina Medically Indigent Assistance Act and of regulations promulgated pursuant to it to protect the confidentiality of individual patient information and the proprietary information of hospitals. Only the data collected pursuant to the Health Care Planning and Oversight Committee recommendations as provided in this section may be collected, analyzed, and released to the public as directed by that committee. All other hospital-specific information collected pursuant to subsection (A) of this section is confidential and must not be released to any other governmental agency or made public unless release is made of statistical information so that no individual hospital can be identified, except that release must be made of the patient medical record information listed in Section 44-6-170(A)(10) (a) through (r) to those bureaus and divisions of the Department of Health and Environmental Control which are authorized to conduct disease and injury surveillance studies. The information provided to the Department of Health and Environmental Control must not be released pursuant to the Freedom of Information Act in the form in which it was provided. The Department of Health and Environmental Control may publish the results of its surveillance studies, except that no Publication of data may be made which identifies an individual hospital without the permission of that hospital. However, if the hospital industry exceeds the target rate of increase for a given year, the commission shall have full access to hospital specific data on any hospital which exceeded the target rate of increase. All meetings of the expert panel and the commission concerning those hospitals which exceeded the target rate of increase are subject to the South Carolina Freedom of Information Act, as are the individual financial statements of the hospitals reviewed."

SECTION 4. Section 44-6-180(A) of the 1976 Code is amended to read:

"(A) Patient records; received by counties, the commission, or other entities involved in the administration of the fund created pursuant to Section 44-6-150 are confidential. Patient records and physician identifiers gathered pursuant to Section 44-6-170 are also confidential. This information collected pursuant to Section 44-6-170(A)(10)(a) through (s) must not be released or made public unless release is made of statistical information so that no individual person patient can be identified. Nothing in this subsection may be construed as limiting access to information needed by the Department of Health and Environmental Control to conduct disease and injury surveillance studies as provided in Section 44-6-170(B) or by agencies involved with the administration of the fund, including utilization review and peer review committees."

SECTION 5. This act takes effect upon approval by the Governor./

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.

ORDERED TO THIRD READING

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

H. 3240 -- Rep. Lime house: A BILL TO REPEAL SECTIONS 17-7-50 AND 17-7-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF A CORONER OR MAGISTRATE FROM HOLDING AN INQUEST OVER A DEAD BODY EXCEPT UPON THE WRITTEN REQUEST OF TWO REPUTABLE CITIZENS RESIDING IN THE NEIGHBORHOOD WHERE THE DEAD BODY IS FOUND, AND TO THE PROVISIONS WHICH MAKE SECTION 17-7-60 NOT APPLICABLE TO COUNTIES IN WHICH CORONERS ARE PAID SALARIES, WITH CERTAIN EXCEPTIONS.

Rep. LIMEHOUSE explained the Bill.

S. 237 -- Senators Lee, Horace C. Smith, Leventis, Thomas, Giese, Setzler, Wilson, Courson, Peeler, Shealy, Stilwell, Pope, Hayes, Saleeby, Patterson, Bryan, Land, Matthews, Drummond, McConnell, Leatherman, Lourie, McLeod and Fielding: A BILL TO AMEND SECTION 23-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACANCIES IN THE OFFICE OF SHERIFF, SO AS TO PROVIDE THAT THE CHIEF DEPUTY OR SECOND-IN-COMMAND OF THE SHERIFF'S OFFICE SHALL ACT AS SHERIFF, AND IS SUBJECT TO THE DUTIES AND LIABILITIES INCIDENT TO THE OFFICE OF SHERIFF, UNTIL THE VACANCY IS FILLED; AND TO REPEAL SECTIONS 23-11-50, 23-11-60, 23-11-70, 23-11-80, 23-11-90, AND 23-11-100 RELATING TO THE RESPONSIBILITIES OF THE COUNTY CORONER AND CLERK WHEN THERE IS A VACANCY IN THE OFFICE OF SHERIFF.

H. 3847 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 11 TO TITLE 37 SO AS TO PROVIDE FOR THE LICENSING AND REGULATION OF CONTINUING CARE RETIREMENT COMMUNITIES BY SETTING FORTH RELATED DEFINITIONS, LICENSING AND REGULATING REQUIREMENTS, FINANCIAL DUTIES, DISCLOSURE REQUIREMENTS, THE ESTABLISHMENT OF A COMPLAINT SYSTEM, BILLING REQUIREMENTS, EXAMINATION OF THE COMMUNITIES, EXEMPTIONS, ESTABLISHMENT OF AN ESCROW ACCOUNT, SANCTIONS FOR NONCOMPLIANCE, THE APPEAL PROCESS, PENALTIES FOR VIOLATIONS, A WAIVER OF REQUIREMENTS, AND EFFECTIVE DATE OF CHAPTER REQUIREMENTS FOR CERTAIN COMMUNITIES.

H. 3782 -- Rep. Keyserling: A JOINT RESOLUTION TO PROVIDE FOR THE OBSERVANCE OF THE QUINCENTENNIAL OF COLUMBUS' DISCOVERY OF THE NEW WORLD AND SUBSEQUENT EUROPEAN EXPLORATION AND SETTLEMENT OF SOUTH CAROLINA AND TO ESTABLISH THE COLUMBIAN QUINCENTENNIAL COMMISSION OF SOUTH CAROLINA.

Rep. KEYSERLING explained the Joint Resolution.

H. 3859 -- Rep. Baxley: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF PANTS PAVILION, INC., IN RICHLAND COUNTY.

H. 3782--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. KEYSERLING, with unanimous content, it was ordered that H. 3782 be read the third time tomorrow.

H. 3859 ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. BAXLEY, with unanimous consent, it was ordered that H. 3859 be read the third time tomorrow.

H. 3574-POINT OF ORDER

The following Bill was taken up.

H. 3574 -- Rep. Beasley: A BILL TO AMEND SECTION 59-48-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SPECIAL SCHOOL FOR SCIENCE AND MATHEMATICS FOR THE PURPOSE OF FOSTERING EDUCATIONAL DEVELOPMENT OF HIGH SCHOOL JUNIORS AND SENIORS IN THIS STATE WHO ARE ACADEMICALLY TALENTED, SO AS TO PROVIDE THAT DESIGNEES OF THE EX OFFICIO MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL MAY SERVE IN THEIR PLACE ON THE BOARD.

POINT OF ORDER

Rep. KLAPMAN 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.

RECURRENCE TO THE MORNING HOUR

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

INTRODUCTION OF BILLS

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

H. 3917 -- Rep. J. Bailey: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AD VALOREM PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE FOR THE EXEMPTIONS OF REHABILITATED HISTORIC REAL PROPERTY THAT MEETS CERTAIN QUALIFICATIONS AND OF RESIDENTIAL RENTAL PROJECTS UNDERTAKEN BY THE PRIVATE SECTOR FOR PERSONS AND FAMILIES OF LOW INCOME AND OF MODERATE TO LOW INCOME.

Referred to Committee on Ways and Means.

H. 3918 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-9-400, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER IN WHICH THE EMPLOYER OR INSURANCE CARRIER MUST BE REIMBURSED FROM THE SECOND INJURY FUND WHEN DISABILITY RESULTS FROM PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO DELETE THE PROVISION REGARDING UNKNOWN CONDITIONS, AND TO AMEND SECTION 42-9-410, RELATING TO THE MANNER IN WHICH THE EMPLOYER OR CARRIER MAY RECEIVE ADDITIONAL BENEFITS FROM THE SECOND INJURY FUND, BY DELETING REFERENCES TO UNKNOWN CONDITIONS.

Referred to Committee on Labor, Commerce and Industry.

H. 3919 -- Rep. Hearn: A BILL TO AMEND SECTION 42-15-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE REQUIREMENT THAT FEES FOR ATTORNEYS AND PHYSICIANS AND CHARGES OF HOSPITALS FOR SERVICES UNDER TITLE 42 ARE SUBJECT TO THE APPROVAL OF THE WORKERS' COMPENSATION COMMISSION, SO AS TO DELETE CERTAIN PROVISIONS, INCLUDING THE CRIMINAL OFFENSE AND PENALTIES, TO PROVIDE A PROCEDURE FOR OBTAINING FEES OR CHARGES, AND TO ESTABLISH A CIVIL PENALTY WHICH MAY BE IMPOSED UPON ATTORNEYS, PHYSICIANS, OR HOSPITALS WHO REPEATEDLY AND WILFULLY CHARGE FEES IN EXCESS OF THE COMMISSION'S GUIDELINES.

Referred to Committee on Labor, Commerce and Industry.

H. 3920 -- Reps. Hearn, J.W. Johnson, Lockemy and Corning: A BILL TO AMEND SECTION 38-73-1080, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INFORMATION TO BE FURNISHED INSUREDS, SO AS TO PROVIDE THAT RATING ORGANIZATIONS AND THEIR MEMBERS AND INSURERS ARE SUBJECT TO PROVISIONS OF THE FREEDOM OF INFORMATION ACT FOR CERTAIN PURPOSES.

Referred to Committee on Labor, Commerce and Industry.

H. 3921 -- Reps. Hearn, J.W. Johnson, Lockemy and Corning: A BILL TO AMEND SECTION 42-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION, AWARDS PROCEDURE, AND AGREEMENT AS TO COMPENSATION, SO AS TO ALLOW AN EMPLOYER AND A CARRIER TO INITIATE PAYMENT WITHOUT AN AGREEMENT UPON FILING A NOTICE OF CONDITIONAL PAYMENT, AND TO ADD SECTION 42-9-265 SO AS TO PROVIDE THAT UPON FILING WITH THE COMMISSION A NOTICE OF CONDITIONAL PAYMENT AS DESCRIBED IN SECTION 42-17-110, THE EMPLOYER'S CARRIER OR THE EMPLOYER, IF SELF-INSURED, MAY BEGIN PAYMENT OF BENEFITS PURSUANT TO TITLE 42 WHILE THE CARRIER OR THE EMPLOYER CONDUCTS AN INVESTIGATION AS TO LIABILITY, TO FURTHER PROVIDE THAT THE EMPLOYER OR CARRIER MAY, WITHIN SIXTY DAYS AFTER THE COMMENCEMENT OF PAYMENT, CEASE FURTHER PAYMENT IF INVESTIGATION DETERMINES THE CLAIM IS NOT COMPENSABLE, TO PROVIDE FOR A HEARING ON WHY PAYMENT WAS STOPPED AND TO PROVIDE FOR A FIFTY PERCENT PENALTY WHERE PAYMENTS ARE STOPPED ARBITRARILY, AND TO REQUIRE PAYMENT OF THE PENALTY TO THE EMPLOYEE.

Referred to Committee on Labor, Commerce and Industry.

H. 3922 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1236 SO AS TO PROVIDE A TAX CREDIT FOR PARENTS OR GUARDIANS OF PERSONS WITH SEVERE MENTAL RETARDATION.

Referred to Committee on Ways and Means.

H. 3923 -- Rep. J. Harris: A BILL TO AMEND SECTION 12-37-930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VALUATION OF PROPERTY AND DEPRECIATION FOR PURPOSES OF PROPERTY TAXATION, SO AS TO PROVIDE THAT ON THE SALE OF AN ITEM OF DEPRECIATED PROPERTY BETWEEN CORPORATIONS THE PURCHASER MAY USE THE SELLER'S DEPRECIATED VALUE OF THE PROPERTY AS ITS BASIS FOR PURPOSES OF PROPERTY TAX VALUATION AND TO PROVIDE EXCEPTIONS.

Referred to Committee on Ways and Means.

H. 3924 -- Reps. Hall man, Rama, Holt, L. Martin, Wofford, Mappus, Elliott and Barber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-215, SO AS TO PROVIDE THAT THE REQUIREMENTS AND STANDARDS FOR INMATE OCCUPANCY FOR EACH CELL IN STATE AND LOCAL CORRECTIONAL OR DETENTION FACILITIES ARE THE SAME AS THOSE OF FEDERAL CORRECTIONAL OR DETENTION FACILITIES.

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

H. 3925 -- Rep. Harvin: A BILL TO AMEND CHAPTER 29 OF TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA LIFE AND ACCIDENT AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT, SO AS TO REVISE AND FURTHER PROVIDE FOR THE PROVISION OF THIS ACT.

Referred to Committee on Labor, Commerce and Industry.

H. 3926 -- Rep. Phillips: A BILL TO AMEND CHAPTER 11, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VETERANS' AFFAIRS BY ADDING SECTION 25-11-45 SO AS TO ESTABLISH AN ADVISORY COMMITTEE IN EACH COUNTY FOR THE PURPOSE OF MAKING NOMINATIONS TO THE COUNTY LEGISLATIVE DELEGATION FOR APPOINTMENT OF THE COUNTY VETERANS' AFFAIRS OFFICER.

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

H. 3927 -- Reps. J. Brown, Ferguson, D. Martin and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 76 TO TITLE 44 SO AS TO PROVIDE FOR THE LICENSED DIETITIAN/LICENSED NUTRITIONIST ACT BY DETAILING DEFINITIONS, PROVIDING FOR THE ADVISORY BOARD OF DIETETICS AND NUTRITION, ESTABLISHING THE DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, PROVIDING FOR THE PRACTICE OF DIETETICS AND NUTRITION AND THE USE OF THE TITLE 'LICENSED DIETITIAN' AND 'LICENSED NUTRITIONIST', CLARIFYING THEIR EMPLOYMENT AND REIMBURSEMENT, PROVIDING FOR THE LICENSURE AND EXAMINATION REQUIREMENTS, PROVIDING THE CIRCUMSTANCES UNDER WHICH A PERSON MAY PRACTICE WITHOUT EXAMINATION, AND ESTABLISHING THE PUNISHMENT AND PENALTIES FOR VIOLATIONS; AND TO PROVIDE FOR THE LICENSURE REQUIREMENTS AFTER JANUARY 1, 1990, AND THE INITIAL TERM OF A BOARD MEMBER.

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

H. 3928 -- Reps. Sharpe and Simpson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-715 SO AS TO PROHIBIT THE USE OF STYROFOAM CONTAINERS TO PACKAGE FOOD OR CONTAIN BEVERAGES FOR CONSUMPTION OFF THE PREMISES OF ESTABLISHMENTS SELLING FOOD AND BEVERAGES, AND TO PROVIDE PENALTIES.

Referred to Committee on Agriculture and Natural Resources.

H. 3929 -- Rep. Burch: A BILL TO AMEND ACT 1010 OF 1968, AS AMENDED, RELATING TO CHESTERFIELD COUNTY SCHOOL DISTRICT, SO AS TO LIMIT THE AMOUNT THE ANNUAL MILLAGE MAY BE INCREASED TO THREE MILLS.

Referred to Chesterfield Delegation.

H. 3930 -- Reps. Whipper, Barber, Washington, Wilkes, Mappus, D. Martin, Winstead and Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-90 SO AS TO MAKE IT UNLAWFUL FOR A BUSINESS WHICH IS LICENSED AS A RETAILER BY A MUNICIPALITY, COUNTY, OR THE STATE TO USE THE TERM "WHOLESALER" OR "DISTRIBUTOR" IN ITS NAME, TO PROVIDE AN EXCEPTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Labor, Commerce and Industry.

H. 3931 -- Reps. Cole, Ferguson, Lanford, Littlejohn, Bruce and Wells: A BILL TO AMEND SECTION 29-3-780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTRY OF RELEASE OF MORTGAGE ON LAND SOLD IN A FORECLOSURE SALE, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND TO REQUIRE THE OFFICER OF THE COURT MAKING THE SALE TO CAUSE TO BE RECORDED IN THE OFFICE WHERE THE FORECLOSED MORTGAGE IS RECORDED A RELEASE, CANCELLATION, AND SATISFACTION OF THE LIEN IN THE PRESCRIBED FORM; TO AMEND SECTION 29-3-790, RELATING TO MORTGAGES AND DEEDS OF TRUST, FORECLOSURE, AND THE FORM OF RELEASE OF THE LIEN, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND TO PROVIDE THAT THE RELEASE, CANCELLATION, AND SATISFACTION OF LIEN REQUIRED UNDER SECTION 29-3-780 MUST BE MADE IN WRITING AND SIGNED BY THE OFFICER AND MUST BE SET FORTH IN A SPECIFIED FORM; AND TO REPEAL SECTION 45-97.1, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO THE PROVISION OF LAW THAT SECTION 45-97 OF THE 1962 CODE (THE MARKING OF SATISFACTION OF FORECLOSED MORTGAGES) DOES NOT APPLY IN SPARTANBURG COUNTY.

Referred to Committee on Judiciary.

H. 3932 -- Rep. Altman: A BILL TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 SO AS TO ENACT THE SOUTH CAROLINA COMMERCIAL DRIVER LICENSE ACT.

Referred to Committee on Education and Public Works.

H. 3933 -- Rep. R. Brown: A BILL TO AMEND SECTIONS 37-2-201 AND 37-3-201, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT SERVICE AND LOAN FINANCE CHARGES SO AS TO PROVIDE THAT A LENDER WHO HAS FILED RATES BUT HAS NOT POSTED THEM IS ONLY SUBJECT TO A FINE FOR THE FIRST OFFENSE IN ANY THIRTY-SIX MONTH PERIOD.

Referred to Committee on Labor, Commerce and Industry.

H. 3934 -- Reps. T. Rogers, Felder and Winstead: A BILL TO AMEND SECTION 9-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE RETIREMENT SYSTEM, SO AS TO ALLOW SCHOOL DISTRICT EMPLOYEES TO ELECT TO INCLUDE IN THEIR "AVERAGE FINAL COMPENSATION" PAYMENTS FOR UNUSED SICK LEAVE, NOT TO EXCEED FORTY-FIVE DAYS AND MERIT PAY; AND SECTIONS 9-1-1020, AS AMENDED, AND 9-1-1180, RELATING TO THE PAYMENT OF RETIREMENT CONTRIBUTIONS, SO AS TO REQUIRE PAYMENT OF CONTRIBUTIONS ON PAYMENTS OF UNUSED SICK LEAVE AND MERIT PAY FOR SCHOOL DISTRICT EMPLOYEES.

Referred to Committee on Ways and Means.

H. 3935 -- Rep. Map pus: A BILL TO AMEND SECTION 38-77-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO PROVIDE THAT THE COLLISION COVERAGE WHICH MUST BE MADE AVAILABLE BY THE PROVISIONS OF THIS SECTION MUST COVER PRIVATE PASSENGER AUTOMOBILES RENTED BY THE INSURED.

Referred to Committee on Labor, Commerce and Industry.

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

MOTION NOTED

Rep. DAVENPORT moved to reconsider the vote whereby Amendment No. 29 was rejected and the motion was noted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3869 -- Rep. Harvin: A CONCURRENT RESOLUTION COMMENDING AND THANKING DEBORAH D. MITCHUM OF CLARENDON COUNTY FOR HER TWELVE YEARS OF OUTSTANDING SERVICE AS THE EXECUTIVE DIRECTOR OF THE CLARENDON COUNTY MENTAL RETARDATION BOARD, INC., AND WISHING HER SUCCESS AND HAPPINESS IN HER NEW ENDEAVOR.

H. 3870 -- Reps. Farr and Phillips: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE JAMES ROBERT MARTIN OF UNION COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

ADJOURNMENT

At 10:50 A.M. the House in accordance with the motion of Rep. LIMEHOUSE adjourned to meet at 10:00 A.M. tomorrow.


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