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

Wednesday, May 17, 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, supreme Ruler of the universe, in Whose will we find peace, in Whose love is our comfort, and in Whose service we receive joy, enable us to work diligently in the colorful tapestry of life which we are daily weaving. As the flowers respond in beautiful color and sweet fragrance through their partnership with light, so may our every thought, word and deed be clothed with the bright blossom of faith as we become partners with Him Who is "the Light of the world" and in Whom there is no darkness. With our hands confidently in Yours, make us able to bear the sting of criticism and the drudgery of unapplauded toil.

We pray in our Lord's Name. 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.

REPORT RECEIVED

The following was received.

May 17, 1989

MEMORANDUM TO:     Clerk of the House

Clerk of the Senate

FM: Joint Legislative Committee to

Screen Candidates for Boards of

Trustees of Colleges and Universities.

In compliance with the provisions of Act 119 of 1976, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.

Respectfully submitted,
/s/ Eugene C. Stoddard
Chairman

Pursuant to Act 119 of 1976 the Committee has completed the investigation required and respectfully submits its findings to the members of the General Assembly for consideration.

The following candidates are running for election or reelection to Boards of Trustees of State Colleges and Universities. Four of the five are incumbents and all are unopposed.

THE CITADEL--one at large seat vacant (six year term)

*William Rhett Risher

WIL LOU GRAY OPPORTUNITY SCHOOL--four at large seats vacant (four year terms)

*Elizabeth Tant Thrailkill
*Hannah Estelle Campbell Meadors
*Frances Parnell "Mickey" Lindler
Frank M. Hart

*INCUMBENT

Pursuant to Section 2-19-40 of the South Carolina Code of Laws which allows for the hearing of unopposed candidates to be waived, the Screening Committee deemed it unnecessary to hold a public hearing.

This committee has investigated each of the candidates and has duly considered the legal qualifications of each. Based thereon, the committee finds all of the candidates are duly qualified to seek election or reelection.

Respectfully submitted,
Rep. Eugene C. Stoddard, Chairman
/s/ Sen. Alexander S. Macaulay, Vice-Chairman
/s/ Rep. Daniel E. Martin, Jr., Secretary
/s/ Sen. Warren K. Giese
/s/ Rep. Jennings G. McAbee
/s/ Sen. Addison G. "Joe" Wilson
/s/ Rep. H. Howell Clyborne, Jr.
/s/ Sen. Nell W. Smith

On motion of Rep. STODDARD, the report was ordered printed in the Journal.

RULES AND REGULATIONS RECEIVED

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

May 15, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C.     (Doc. No. 1113)

House of Representatives

Dear Mrs. McKinney:

Pursuant to Act 176 of 1977, I have received on May 15, 1989 regulations concerning Health Maintenance Organization from the State of South Carolina Department of Insurance.

They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.

Sincerely,
Robert J. Sheheen

Received as information.

RULES AND REGULATIONS WITHDRAWN

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

May 15, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C.     (Doc. No. 863)

House of Representatives

Dear Mrs. McKinney:

By letter received this 15th day of May, 1989, the Department of Health and Environmental Control is hereby withdrawing regulations pertaining to Classified Waters: Chattoogo River. This Regulation was referred to Agriculture and Natural Resources.

Sincerely,
Robert J. Sheheen

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 12, 1989

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 307:
S. 307 -Finance Committee: A BILL TO AMEND SECTION 12-37-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO PROVIDE FOR THE EXEMPTION TO BE GRANTED FOR THE SUCCEEDING TAX YEAR IF APPLICATION IS MADE AFTER JULY FIFTEENTH AND IF THE PERSON QUALIFIES UNDER THIS SECTION WHEN THE APPLICATION IS MADE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 16, 1989

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators SALEEBY, MOORE and MULLINAX of the Committee of Conference on the part of the Senate on H. 3695:
H. 3695 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTIONS 38-77-30, AS AMENDED, 38-77-150, 38-77-160, AS AMENDED, 38-77-110, 38-77-140, 38-73-735, 38-73-10, 38-73-40, 38-73-720, 38-73-730, 38-73-750, 38-73-760, 38-73-770, 38-77-10, AS AMENDED, 38-77-910, 38-77-950, AS AMENDED, 38-77-280, AS AMENDED, 38-77-112, AS AMENDED, 38-77-580, AS AMENDED, 38-77-620, 38-77-920, 38-57-130, 38-55-170, 38-73-1210, 38-73-455, AS AMENDED, 38-77-590, AS AMENDED, 38-73-457, AS AMENDED, AND 38-57-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S INSURANCE LAWS, 56-9-330, 56-10-240, AS AMENDED, 56-10-40, 56-10-280, 56-1-80, AND 56-3-1350, RELATING TO THE MOTOR VEHICLE LAWS, 37-6-604 AND 37-6-605, RELATING TO THE DIVISION OF CONSUMER ADVOCACY IN THE DEPARTMENT OF CONSUMER AFFAIRS, 16-11-125, RELATING TO THE CRIME OF MAKING FALSE CLAIM OR STATEMENT IN SUPPORT OF A CLAIM TO OBTAIN INSURANCE BENEFITS FOR FIRE OR EXPLOSION LOSS, 16-11-130, RELATING TO THE CRIME OF BURNING PERSONAL PROPERTY TO DEFRAUD AN INSURER, 23-41-30, RELATING TO THE ARSON REPORTING-IMMUNITY ACT AND THE RELEASE OF INFORMATION BY AN INSURANCE COMPANY, AND ACT 683 OF 1988, RELATING TO THE WAITING PERIOD REQUIRED BY SECTION 38-73-960 AND ITS EXTENSION BY THE CHIEF INSURANCE COMMISSIONER, AND BY ADDING SECTIONS 38-77-341, 34-3-110, 38-77-114, 38-73-467, 38-77-25, 38-73-545, 38-73-550, 38-73-555, 38-77-111, 38-77-113, 38-73-1370, 38-73-1380, 38-73-1400, 38-73-1410, AND 38-73-1420 AND ARTICLE 48 TO CHAPTER 5, TITLE 56 (SAFETY BELTS AND PENALTY), SO AS TO ENACT THE "AUTOMOBILE INSURANCE REFORM ACT OF 1989"; TO DELETE SUBSECTION (E) OF SECTION 38-77-280, RELATING TO AUTHORIZATION FOR INSURERS OF AUTOMOBILE INSURANCE TO CHARGE A RATE FOR PHYSICAL DAMAGE INSURANCE COVERAGES DIFFERENT FROM THOSE PROVIDED FOR ELSEWHERE IN THE INSURANCE CODE AND TO THE PROVISION THAT NO POLICY OF AUTOMOBILE INSURANCE WHICH INCLUDES PHYSICAL DAMAGE INSURANCE COVERAGES OFFERED TO AN APPLICANT OR EXISTING POLICYHOLDER PURSUANT TO THIS SUBSECTION MAY BE CEDED TO THE REINSURANCE FACILITY: TO REPEAL SECTIONS 38-77-240, 38-77-250, 38-77-260, 38-77-270, 38-77-290, 38-77-300, AND 38-77-310, RELATING TO AUTOMOBILE INSURANCE: TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME IN SECTION 16-11-125 (IF THE CLAIM IS FIVE HUNDRED DOLLARS OR MORE), THE CRIMES IN SECTION 16-11-130, AND THE CRIMES RELATING TO WILFULLY INCLUDING IN A PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE FILING ANY EXPENSE OR LOSS WHICH WAS GENERATED IN WHOLE OR IN PART BY EITHER ANOTHER LINE OF INSURANCE OR GENERAL EXPENSES OR OVERHEAD APPLICABLE TO ALL LINES (EXCEPT UNDER CERTAIN CIRCUMSTANCES), OR RELATING TO ADOPTING A DIFFERENT METHOD OR USAGE OF ALLOCATING OR TREATING EXPENSES OR LOSSES FOR PURPOSES OF RATE FILINGS IN SOUTH CAROLINA FROM THAT WHICH IT USES IN OTHER STATES FOR SIMILAR LINES. OF INSURANCE (EXCEPT UNDER CERTAIN CONDITIONS, OR RELATING TO GIVING A FALSE AFFIDAVIT THAT AN INSURANCE COMPANY'S EXPENSES ARE BEING ALLOCATED AND TREATED PROPERLY AND THAT PRIVATE PASSENGER AUTOMOBILE INSUREDS ARE NOT BEING CHARGED AN INEQUITABLE OR UNFAIR SHARE OF THE INSURER'S EXPENSES, ACQUISITION COSTS, OVERHEAD, OR OTHER EXPENSES; AND, IN ENACTING THE "AUTOMOBILE INSURANCE REFORM ACT OF 1989", TO INCLUDE SEPARATE, ADDITIONAL PROVISIONS DEALING WITH, AMONG OTHER THINGS, PROVISIONS THAT NO UNINSURED ON UNDERINSURED MOTORIST COVERAGE NEED BE PROVIDED IN SOUTH CAROLINA BY ANY EXCESS OR UMBRELLA POLICY OF INSURANCE, PROVIDING THAT WITHIN FORTY-FIVE DAYS AFTER THE EFFECTIVE DATE OF THIS ACT ALL LICENSED INSURERS AND LICENSED RATING ORGANIZATIONS AUTHORIZED TO WRITE PRIVATE PASSENGER AUTOMOBILE INSURANCE OR TO FILE PRIVATE PASSENGER AUTOMOBILE INSURANCE RATES ON BEHALF OF THEIR MEMBERS OR SUBSCRIBERS MUST SUBMIT TO THE CHIEF INSURANCE COMMISSIONER REVISED BASE RATES AND OBJECTIVE STANDARD RATES FOR PRIVATE PASSENGER AUTOMOBILE BODILY INJURY LIABILITY COVERAGE AND UNINSURED MOTORIST COVERAGE AND PROVIDING THAT THESE REVISED RATES MUST REFLECT A DECREASE IN THE APPROVED PREMIUM CHARGE FOR EACH OF THESE COVERAGES OF NOT LESS THAN SIX AND NINE-TENTHS PERCENT, REQUIRING THE CHIEF INSURANCE COMMISSIONER AT LEAST ANNUALLY TO CAUSE TO HAVE PUBLISHED AND MAKE AVAILABLE A REPRESENTATIVE SAMPLE OF THE PRIVATE PASSENGER PREMIUMS BEING CHARGED BY AT LEAST THE TWENTY INSURANCE COMPANIES HAVING THE LARGEST MARKET SHARE IN EACH TERRITORY TO FACILITATE PRICE COMPARISONS BY INSUREDS AND PROSPECTIVE INSUREDS WHO ARE SEEKING NEW COVERAGE, PROVIDING THAT NO RATE FILING FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MAY INCLUDE OR BE BASED UPON ACTUAL OR PROJECTED LOSS OR EXPENSE DATA WHICH INCLUDES PAYMENTS MADE ON POLICIES WHEREIN THE AMOUNT OF THE SETTLEMENT, JUDGMENT, OR OTHER PAYMENT BY THE INSURER WAS IN EXCESS OF THE POLICY LIMITS EXCLUSIVE OF INTEREST AND COSTS, PROVIDING THAT NO RATE FILING FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MAY INCLUDE OR BE BASED UPON ACTUAL OR PROJECTED LOSS OR EXPENSE DATA WHICH INCLUDES PAYMENTS MADE AS A RESULT OF THE INSURER'S TORTIOUS BREACH OF ITS DUTY OF GOOD FAITH AND FAIR DEALING, PROVIDING THAT THERE IS NO PERSONAL INJURY PROTECTION COVERAGE MANDATED UNDER THE AUTOMOBILE INSURANCE LAWS OF THIS STATE BUT THAT IF AN INSURER OFFERS THIS COVERAGE, THE BENEFITS PAYABLE UNDER THE COVERAGE MAY BE ASSIGNED TO HOSPITALS, FUNERAL HOMES, PHYSICIANS, OR OTHER MEDICAL PROVIDERS, PROVIDING THAT MEDICAL PAYMENTS COVERAGE MAY BE OFFERED AS AN OPTIONAL COVERAGE UNDER THE AUTOMOBILE INSURANCE LAWS OF THE STATE BUT THAT THERE IS NO REQUIREMENT THAT MEDICAL PAYMENTS COVERAGE BE OFFERED AND THAT IF AN INSURER OFFERS THIS COVERAGE, THE BENEFITS PAYABLE UNDER THE COVERAGE MAY BE ASSIGNED TO HOSPITALS, FUNERAL HOMES, PHYSICIANS, OR OTHER MEDICAL PROVIDERS, REQUIRING THAT, TO INSURE THAT ALL AUTOMOBILE INSURANCE POLICIES ARE RATED TO REFLECT THE DRIVING RECORD OF ALL INSUREDS NAMED IN THE POLICY, ALL INSURERS OR THEIR AGENTS ARE REQUIRED TO OBTAIN A MOTOR VEHICLE REPORT ON EACH NAMED INSURED AT THE POINT OF SALE AND AT LEAST ANNUALLY AFTER THE SALE, AND REQUIRING THE CHIEF INSURANCE COMMISSIONER TO REVIEW ALL FORMS OF INSURANCE COVERED BY ANY SECTION OF THIS ACT AND TO ORDER RATE REDUCTIONS AS REQUIRED BY THIS ACT.
Very respectfully,
President

No. 042

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 12, 1989

Mr. Speaker and Members of the House:

The Senate respectfully informs your honorable Body that it concurs in the amendments proposed by the House to S. 245:
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 IT IS NOT ENACTED WITHIN THAT TIME PERIOD OR IF A RESOLUTION TO DISAPPROVE A REGULATION HAS NOT BEEN INTRODUCED BY A STANDING COMMITTEE TO WHICH IT WAS REFERRED, TO TOLL THE RUNNING OF THE ONE-HUNDRED-TWENTY-DAY PERIOD UPON THE INTRODUCTION OF A RESOLUTION TO DISAPPROVE, TO PROVIDE THAT EMERGENCY REGULATIONS MAY NOT BE INTRODUCED AFTER A RESOLUTION TO DISAPPROVE, TO PROVIDE FOR THE ONE-HUNDRED-TWENTY-DAY PERIOD TO RECOMMENCE AFTER A NEGATIVE VOTE ON A RESOLUTION TO DISAPPROVE; AND TO PROVIDE THAT IF LESS THAN NINETY DAYS REMAIN AFTER THE PERIOD BEGINS TO RUN AGAIN, ADDITIONAL DAYS MUST BE ADDED TO EQUAL NINETY DAYS.

and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 11, 1989

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3051:
H. 3051 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 3 OF TITLE 50 SO AS TO CREATE THE SOUTH CAROLINA WILDLIFE ENDOWMENT FUND TO BE FUNDED FROM GIFTS, GRANTS, AND CONTRIBUTIONS, THE PROCEEDS OF COMBINATION AND LIFETIME HUNTING AND FISHING LICENSES, TO PROVIDE FOR RESTRICTIONS AND LIMITATIONS ON EXPENDITURES FROM THE FUND, AND PROVIDE FOR INCREASES IN LIFETIME AND ANNUAL FISHING AND HUNTING LICENSES; TO AMEND THE 1978 CODE BY ADDING SECTIONS 50-9-11 AND 50-9-455 SO AS TO AUTHORIZE A RESIDENT OF THIS STATE TO OBTAIN A LIFETIME COMBINATION LICENSE GRANTING HIM THE SAME PRIVILEGES AS IN SECTION 50-9-10 (COMBINATION FISHING AND HUNTING LICENSE), PROVIDE A FEE SCHEDULE FOR THE TYPES OF LICENSES AUTHORIZED, AND AUTHORIZE A LIFETIME FISHING LICENSE AND PROVIDE A FEE FOR THE LICENSE; TO AMEND SECTION 50-9-30, RELATING TO THE PROOF OF RESIDENCY REQUIRED FOR ISSUANCE OF A HUNTING OR FISHING LICENSE, SO AS TO DEFINE "RESIDENT"; AND TO AMEND SECTION 50-9-120, RELATING TO FEES FOR RESIDENTS' STATEWIDE OR COUNTY HUNTING LICENSES, SO AS TO PROVIDE A FEE FOR THE ISSUANCE OF A RESIDENT LIFETIME STATEWIDE LICENSE.

and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 11, 1989

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 414:
S. 414 -- Senators J. Verne Smith, Bryan, Courson, Drummond, Giese, Helmly, Hinds, Hinson, Holland, Leatherman, Long, Lourie, Macaulay, Moore, O'Dell, Pope, Saleeby, Setzler, Stilwell, Wilson, Rose, Horace C. Smith, Martschink, Mullinax, Leventis, McGill, Nell W. Smith and Hayes: A BILL TO AMEND CHAPTER 7 OF TITLE 32, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRENEED BURIAL CONTRACTS, SO AS TO CHANGE THE NAME OF THE CONTRACTS AUTHORIZED UNDER THE CHAPTER TO PRENEED FUNERAL CONTRACTS, TO DEFINE THE TERMS "SELLER", "PROVIDER", "PURCHASER", AND "BENEFICIARY", TO REQUIRE THAT WHEN ANY VAULT IS SOLD PRENEED BY A SELLER IN ACCORDANCE WITH THIS CHAPTER, ONE HUNDRED PERCENT OF ACTUAL COST TO THE SELLER AT THE TIME OF PAYMENT MUST BE HELD AS TRUST FUNDS AND DEPOSITED IN A FINANCIAL INSTITUTION, TO REQUIRE THAT ALL TAXES ON THE TRUST ACCOUNT MUST BE PAID IN ACCORDANCE WITH THE INTERNAL REVENUE CODE AND APPLICABLE RULES AND REGULATIONS, TO PROVIDE FOR A FUNERAL CONTRACT WHEN THE FULL CONTRACT PRICE AMOUNT IS PAID TO THE PROVIDER, TO REQUIRE THAT THE FUNDS HELD BY A FINANCIAL INSTITUTION IN TRUST FOR A BENEFICIARY MUST NOT BE PAID UNTIL A DEATH CERTIFICATE IS FURNISHED BY THE PROVIDER, TO PROVIDE FOR THE REFUND OF AMOUNTS DEPOSITED WITH THE PROVIDED WHEN THEY DO NOT CONSTITUTE PAYMENT IN FULL, TO PROVIDE THAT ALL CONTRACTS CONTAIN THE NAME AND FUNERAL SERVICE LICENSE NUMBER OF THE PROVIDER AND SELLER, TO PROVIDE FOR A PROCEDURE FOR ESTABLISHING A TRUST FOR THE PURCHASER OF A CONTRACT AND ESTABLISH REQUIREMENTS WITH REGARD TO THE ESTABLISHMENT AND MAINTENANCE OF A TRUST ACCOUNT, TO PROVIDE THAT THE CONTRACT IS VOIDABLE IF THE PURCHASER FAILS TO MAKE PAYMENTS AS PROVIDED IN THE CONTRACT, TO PROVIDE THAT IF THE MERCHANDISE SELECTED IS NOT AVAILABLE AT THE TIME OF NEED THAT THE PROVIDER MUST MAKE AVAILABLE TO THE PURCHASER MERCHANDISE OF EQUAL OR GREATER VALUE WHICH MUST BE APPROVED BY THE PURCHASER OR HIS REPRESENTATIVE, TO PROVIDE UNDER WHAT CONDITIONS CONTRACTS MAY BE MADE IRREVOCABLE, TO PROVIDE FOR A PROCEDURE FOR THE REFUND OF MONIES PAID FOR A CONTRACT, TO PROVIDE A PROCEDURE FOR THE TRANSFER TO ANOTHER PROVIDER OF A CONTRACT, TO DELETE PROVISIONS WITH REGARD TO THE MANNER IN WHICH TRUST FUNDS MUST BE ESTABLISHED AND MAINTAINED, TO PROVIDE FOR THE OCCURRENCE OF A PROVIDER GOING OUT OF BUSINESS, TO AUTHORIZE THE BOARD OF FINANCIAL INSTITUTIONS TO ESTABLISH AN AMOUNT RATHER THAN A TWO DOLLAR SERVICE CHARGE TO BE COLLECTED FROM EACH PURCHASER TO BE USED IN ADMINISTERING THE PROVISIONS OF THIS CHAPTER, TO DELETE PROVISIONS MAKING IT UNLAWFUL FOR ANY PERSON OTHER THAN A FUNERAL DIRECTOR OR HOME TO FURNISH OR PERFORM FUNERAL SERVICES TO ACCEPT OR HOLD PAYMENTS ON A PRENEED BURIAL CONTRACT EXCEPT FINANCIAL INSTITUTIONS, TO DELETE PROVISIONS RELATING TO COMMISSIONS ALLOWED PERSONS ON TRUST FUNDS WHICH ARISE OUT OF A PRENEED BURIAL CONTRACT, TO DELETE PROVISIONS WHICH MAKE IT UNLAWFUL FOR A LICENSEE WHO SELLS PRENEED BURIAL CONTRACTS TO SOLICIT OR PUBLICLY ADVERTISE THE AVAILABILITY OF THEM AND TO ESTABLISH A PROCEDURE FOR THE SOLICITATION AND ADVERTISING OF PRENEED FUNERAL CONTRACTS, AND TO PROVIDE FOR THE PROHIBITION ON THE SOLICITATION OF THESE CONTRACTS, AND TO AMEND SECTION 39-55-35, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA CEMETERY ACT OF 1984, SO AS TO REDEFINE "MERCHANDISE."

and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 16, 1989

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 575:
S. 575 -- Senators Horace C. Smith, Waddell, J. Verne Smith, Leatherman and Moore: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO EXPAND THE PURPOSES FOR WHICH BONDS WERE AUTHORIZED FOR THE RENOVATION OF THE ADMINISTRATION BUILDING, AIRPORT CAMPUS OF MIDLANDS TECHNICAL COLLEGE AND AUTHORIZE CLASSROOM BUILDING RENOVATIONS ON THE BELTLINE CAMPUS OF THE COLLEGE; AND TO AMEND ACT 638 OF 1988, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO DEAUTHORIZE AND REDUCE PRIOR AUTHORIZATION FOR THE DEPARTMENT OF MENTAL RETARDATION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 16, 1989

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators LONG, LEE and FIELDING of the Committee of Conference on the part of the Senate on H. 3161:
H. 3161 -- Reps. Gregory, Fair, McLellan, Short, Kirsh, J. Brown and Wilkins: A BILL TO REAUTHORIZE THE EXISTENCE OF THE PUBLIC SERVICE COMMISSION FOR SIX YEARS; TO AMEND SECTIONS 58-3-100, 58-5-240, 58-9-540, 58-21-10, 58-23-20, 58-23-330, AS AMENDED, 58-23-1010, AND 58-27-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE A PENALTY FOR COUNTIES WHICH DO NOT REMIT ASSESSMENTS TO THE COMMISSION IN A TIMELY MANNER, TO REQUIRE THE COMMISSION TO DOCUMENT REASONS FOR CHANGES IN RATES AND SPECIFY AN ALLOWABLE OPERATING MARGIN IN WATER AND WASTEWATER RATE ORDERS, TO PROVIDE THAT THE COMMISSION MAY NOT FIX OR APPROVE THE RATES, FARES, OR CHARGES FOR INTERURBAN RAILWAYS OR BUSES, TO PROVIDE THAT BUSES OF REGULATED UTILITIES ARE NOT EXEMPT FROM COMMISSION REGULATION BUT THAT MOTOR VEHICLES OF MOTOR CARRIERS USED INCIDENTAL TO THE CARRIER'S BUSINESS ARE NOT SUBJECT TO COMMISSION REGULATION, TO PROVIDE THAT CERTIFICATES OF MOTOR CARRIERS OR AMENDMENTS TO THEM MUST BE APPROVED ACCORDING TO CRITERIA ESTABLISHED BY THE COMMISSION, AND TO PROVIDE THAT REASONS FOR RESTRICTIONS ON CERTIFICATES OR AMENDMENTS MUST BE JUSTIFIED BY THE COMMISSION IN WRITING; AND TO REPEAL SECTIONS 58-11-10 THROUGH 58-11-160, SECTION 58-23-1510, AND ARTICLE 19, CHAPTER 9 OF TITLE 58 RELATING TO RADIO COMMON CARRIERS, BUSES, AND TAXIS IN CITIES OF THIRTY THOUSAND TO FIFTY THOUSAND POPULATION AND TELEGRAPH AND EXPRESS COMPANIES.
Very respectfully,
President

No. 043

Received as information.

REPORTS OF STANDING COMMITTEES

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

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.

Ordered for consideration tomorrow.

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

S. 201 -- Senators Lindsay, McConnell, Lourie, Williams, Martin, O'Dell and Mullinax: A BILL TO AMEND SECTIONS 58-13-910 AND 58-13-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL OFFICERS AND CONSTABLES OF RAILWAYS OR OTHER COMMON CARRIERS, SO AS TO PROVIDE THAT THEY MAY BE RESIDENTS OF OTHER STATES IF THEY ARE COMMISSIONED IN OTHER STATES WHERE THE RAILWAY OR COMMON CARRIER OPERATES AND MEET LAW ENFORCEMENT TRAINING STANDARDS OF THIS STATE AND THAT THE COMMISSIONS OF RESIDENTS EXTEND BEYOND THE TERM OF THE APPOINTING GOVERNOR.

Ordered for consideration tomorrow.

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

H. 3546 -- Reps. Mappus, Kohn, Holt, Rama, Whipper, Winstead, Barber, Hallman, J. Bailey, Washington and D. Martin: A BILL TO AMEND SECTION 55-9-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE AERONAUTICS COMMISSION AND POLITICAL SUBDIVISIONS OF THIS STATE IN REGARD TO THE ESTABLISHMENT OF AIRPORTS, SO AS TO GRANT TO THE POLITICAL SUBDIVISIONS OF THIS STATE BUT NOT TO THE AERONAUTICS COMMISSION CERTAIN ADDITIONAL POWERS IN REGARD TO THE LEASING OF REAL PROPERTY ACQUIRED FOR AIR TRANSPORTATION AND FACILITIES PURPOSES.

Ordered for consideration tomorrow.

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

S. 637 -- Senators Bryan, Hayes, Peeler and Fielding: A BILL TO AMEND SECTION 43-33-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., SO AS TO PROVIDE THAT FOUR ADDITIONAL MEMBERS MAY BE ELECTED BY THE BOARD.

RULE 5.12-WAIVED

Rule 5.12 was waived by a division vote of 31 to 0.

Ordered for consideration tomorrow.

Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:

S. 442 -- Senator Waddell: A BILL TO AMEND SECTION 49-5-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PENALTIES AND INJUNCTIVE RELIEF UNDER THE GROUNDWATER USE ACT, SO AS TO AUTHORIZE THE SOUTH CAROLINA WATER RESOURCES COMMISSION TO IMPOSE CIVIL PENALTIES AND TAKE CERTAIN CIVIL ADMINISTRATIVE ACTION FOR VIOLATIONS OF THE ACT, AND TO PROVIDE THE MANNER IN WHICH THESE CIVIL PENALTIES MAY BE APPLIED.

Ordered for consideration tomorrow.

Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:

S. 498 -- Senators Drummond, Hayes and Pope: A BILL TO AMEND SECTION 49-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALE OF DRIFTED OBJECTS, SO AS TO DELETE PROVISIONS RELATING TO WATERCRAFT; TO AMEND SECTIONS 50-23-10, 50-23-30, 50-23-60, 50-23-120, 50-23-170, 50-23-200, 50-23-205, 50-23-270, AND 50-23-280, RELATING TO TITLING OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO DELETE BOATS AND OTHER WATERCRAFT FROM PROVISIONS REGULATING MATERIALS FOUND DRIFTING, TO CHANGE AND ADD DEFINITIONS, TO EXEMPT COMMERCIAL BARGES, WINDSURFERS, AND WATERCRAFT PROPELLED EXCLUSIVELY BY HUMAN POWER OR WITH OARS, PADDLES, OR SIMILAR DEVICES FROM TITLING REQUIREMENTS, TO CHANGE PROCEDURES FOR APPLYING FOR A TITLE CERTIFICATE, TO PROVIDE FOR APPLICATION FOR DUPLICATE CERTIFICATES, TO PROVIDE A LATE FEE, TO PROVIDE FOR THE FORM OF THE MANUFACTURER'S OR IMPORTER'S CERTIFICATE, TO DEFINE "HOMEMADE WATERCRAFT OR OUTBOARD MOTOR", TO CHANGE PROVISIONS RELATING TO SERIAL NUMBERS AND IDENTIFICATION NUMBERS, TO ESTABLISH ACTS WHICH PROHIBIT THE LAWFUL OPERATION OF WATERCRAFT OR OUTBOARD MOTORS, TO PROVIDE THAT IT IS UNLAWFUL TO DEAL WITH A WATERCRAFT OR OUTBOARD MOTOR BY A PERSON WHO HAS REASON TO BELIEVE IT IS STOLEN, TO PROVIDE FOR DISPOSAL OF STOLEN, ABANDONED, JUNKED, ADRIFT, DESTROYED, OR SALVAGED WATERCRAFT OR OUTBOARD MOTORS, AND TO INCREASE PENALTIES FOR VIOLATIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 50-23-135, 50-23-185, 50-23-275, AND 50-23-290 SO AS TO PROVIDE FOR TITLING ABANDONED, JUNKED, ADRIFT, AND SALVAGED WATERCRAFT OR OUTBOARD MOTORS, TO PROVIDE FOR THE INSPECTION OF FACILITIES INVOLVED WITH WATERCRAFT AND OUTBOARD MOTORS, TO REQUIRE TITLING OF WATERCRAFT OR OUTBOARD MOTORS NOT PREVIOUSLY TITLED, AND TO PROVIDE FOR CONDITIONAL TITLES.

Ordered for consideration tomorrow.

Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:

S. 428 -- Senator Drummond: A BILL TO AMEND SECTION 50-13-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STRIPED BASS (ROCKFISH), SO AS TO PROVIDE THAT THE WILDLIFE AND MARINE RESOURCES DEPARTMENT MAY SET AND PUBLISH THE DAILY CREEL LIMITS AND SIZE LIMITS FOR STRIPED BASS AND BLACK BASS: TO AMEND SECTION 50-13-285, RELATING TO PENALTIES, SO AS TO PROVIDE THAT THE PENALTIES ASSESSED BY THE SECTION INCLUDE CONVICTIONS OF SECTION 50-13-235; AND TO REPEAL SECTIONS 50-13-220 AND 50-13-230 RELATING TO STRIPED BASS.

Ordered for consideration tomorrow.

Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:

S. 614 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO OPERATIONS OF FIELD TRIALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1103, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Rep. ELLIOTT, from the Committee on Horry Delegation, submitted a favorable report, on:

H. 4045 -- Rep. Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-925 SO AS TO CREATE THE SOUTH CAROLINA FUTURE FARMERS OF AMERICA CAMP WILDLIFE SANCTUARY IN THE LITTLE RIVER NECK SECTION OF HORRY COUNTY AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Ordered for consideration tomorrow.

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

S. 710 -- Senators Nell W. Smith and Hayes: A BILL TO AMEND SUBARTICLE 11, ARTICLE 13, CHAPTER 7, TITLE 20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD DAY CARE FACILITIES, SO AS TO REVISE THE REGULATION OF AND STANDARDS FOR THE FACILITIES.

Ordered for consideration tomorrow.

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

H. 3799 -- Reps. Townsend, Davenport, Baxley, Wells, Tucker, Kay, Huff, Chamblee and Lockemy: 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 NINE AND PROVIDE FOR THEIR APPOINTMENT.

Ordered for consideration tomorrow.

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

H. 3402 -- Reps. Faber and McBride: A BILL TO REQUIRE CANDIDATES FOR THE POSITION OF LAW ENFORCEMENT OFFICER TO UNDERGO PSYCHOLOGICAL SCREENING IN THE USE OF DEADLY FORCE AND FIREARMS, AS PART OF BASIC TRAINING, BEFORE BEING COMMISSIONED OR EMPLOYED AS A LAW ENFORCEMENT OFFICER; TO REQUIRE THE PSYCHOLOGICAL SCREENING TO BE ADMINISTERED BY THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY; AND TO PROVIDE FOR THE PROMULGATION OF REGULATIONS.

Ordered for consideration tomorrow.

SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 3990 -- Orangeburg Delegation: A BILL TO AMEND ACT 245 OF 1983, AS AMENDED, RELATING TO THE BUDGETS OF SCHOOL DISTRICTS IN ORANGEBURG COUNTY, SO AS TO PROVIDE ONE ADDITIONAL MILL TO BE LEVIED IN THE COUNTY AND USED BY THE ORANGEBURG COUNTY BOARD OF EDUCATION.

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.

SPECIAL INTRODUCTION

Rep. HARWELL introduced to the House Lt. Gen. Charles W. Bagnal, Commanding General for all U.S. Army Forces in the Pacific and Indian Arena.

CONCURRENT RESOLUTION

The following was introduced:

H. 4052 -- Reps. L. Martin, Hendricks and Simpson: A CONCURRENT RESOLUTION TO COMMEND ONE OF SOUTH CAROLINA'S MOST RESPECTED CHURCH LEADERS, DR. LLOYD ELLIS BATSON OF PICKENS, UPON THE OCCASION OF HIS UPCOMING RETIREMENT AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS.

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

INTRODUCTION OF BILLS

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

H. 4053 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1126, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4054 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS - LYNCHES RIVER, DESIGNATED AS REGULATION DOCUMENT NUMBER 1054, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

S. 567 -- Senators Giese and Rose: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 137 SO AS TO PROVIDE FOR EARLY INTERVENTION PROGRAMS FOR PRESCHOOL-AGE HANDICAPPED CHILDREN; TO AMEND SECTION 59-63-20; AS AMENDED, RELATING TO PUPILS AND AGE OF ATTENDANCE IN THE PUBLIC SCHOOLS, SO AS TO DELETE THE PROVISION THAT FOUR-YEAR-OLDS MAY ATTEND OPTIONAL CHILD DEVELOPMENT PROGRAMS AND TO PROVIDE THAT THREE-, FOUR-, AND FIVE-YEAR-OLD HANDICAPPED CHILDREN MAY ATTEND EARLY INTERVENTION PROGRAMS; TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO THE SOUTH CAROLINA EDUCATION FINANCE ACT OF 1977 AND THE DETERMINATION OF ANNUAL ALLOCATIONS AND WEIGHTINGS, SO AS TO INCLUDE UNDER "PUPIL CLASSIFICATION" THE CATEGORY OF "PRESCHOOL-AGE HANDICAPPED PUPILS" AND TO ESTABLISH A WEIGHTING; AND TO PROVIDE THAT OF THE FUNDING APPROPRIATED BY THE GENERAL ASSEMBLY TO IMPLEMENT THE PROVISIONS OF THIS ACT, INITIAL FUNDING MUST BE MADE AVAILABLE TO THE SCHOOL DISTRICTS OF THE STATE FOR IMPLEMENTATION BEGINNING WITH SCHOOL YEAR 1990-91.

Referred to Committee on Education and Public Works.

CONCURRENT RESOLUTION

The following was introduced:

H. 4055 -- Reps. Hallman, Rama, Mappus, Holt, Limehouse, Winstead, Washington, D. Martin, D. Williams, Barber, Kohn, Whipper, J. Bailey, G. Bailey, Wofford and H. Brown: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE TRAGIC AND UNTIMELY DEATH OF FIRST LT. JAMES T. RICHARDS, JR., WHO DIED IN THE SERVICE OF HIS COUNTRY, AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4056 -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND JAMIE MOON AT BOILING SPRINGS HIGH SCHOOL IN SPARTANBURG COUNTY FOR BEING NAMED AN "OUTSTANDING SCHOOL CITIZEN" FOR THE 1988-89 SCHOOL YEAR.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4057 -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND VALERIE VANOVER AT BOILING SPRINGS HIGH SCHOOL IN SPARTANBURG COUNTY FOR BEING NAMED AN "OUTSTANDING SCHOOL CITIZEN" FOR THE 1988-89 SCHOOL YEAR.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4058 -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND NANCY MARLING, JUNIOR MARSHALL AT BOILING SPRINGS HIGH SCHOOL IN SPARTANBURG COUNTY, FOR BEING NAMED AN "OUTSTANDING SCHOOL CITIZEN" FOR THE 1988-89 SCHOOL YEAR.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4059 -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND TRACY SCOTT, JUNIOR MARSHALL AT BOILING SPRINGS HIGH SCHOOL IN SPARTANBURG COUNTY, FOR BEING NAMED AN "OUTSTANDING SCHOOL CITIZEN" FOR THE 1988-89 SCHOOL YEAR.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4060 -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND SHANK PARRIS OF THE SOPHOMORE CLASS AT BOILING SPRINGS HIGH SCHOOL IN SPARTANBURG COUNTY FOR BEING NAMED AN "OUTSTANDING SCHOOL CITIZEN" FOR THE 1988-89 SCHOOL YEAR.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4061 -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND KIM FLYNN OF THE SOPHOMORE CLASS AT BOILING SPRINGS HIGH SCHOOL IN SPARTANBURG COUNTY FOR BEING NAMED AN "OUTSTANDING SCHOOL CITIZEN" FOR THE 1988-89 SCHOOL YEAR.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4062 -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND CATHERINE WEAVER, SALUTATORIAN AT BOILING SPRINGS HIGH SCHOOL IN SPARTANBURG COUNTY, FOR BEING NAMED AN "OUTSTANDING SCHOOL CITIZEN" FOR THE 1988-89 SCHOOL YEAR.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4063 -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND GREGORY PRUITT, VALEDICTORIAN AT BOILING SPRINGS HIGH SCHOOL IN SPARTANBURG COUNTY, FOR BEING NAMED AN "OUTSTANDING SCHOOL CITIZEN" FOR THE 1988-89 SCHOOL YEAR.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4064 -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND SHELLY ELLISON OF THE JUNIOR CLASS AT BOILING SPRINGS HIGH SCHOOL IN SPARTANBURG COUNTY FOR BEING NAMED AN "OUTSTANDING SCHOOL CITIZEN" FOR THE 1988-89 SCHOOL YEAR.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4066 -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND RITCHIE McSWAIN OF THE JUNIOR CLASS AT BOILING SPRINGS HIGH SCHOOL IN SPARTANBURG COUNTY FOR BEING NAMED AN "OUTSTANDING SCHOOL CITIZEN" FOR THE 1988-89 SCHOOL YEAR.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4066 -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND HENRY JOLLEY OF THE SENIOR CLASS AT BOILING SPRINGS HIGH SCHOOL IN SPARTANBURG COUNTY FOR BEING NAMED AN "OUTSTANDING SCHOOL CITIZEN" FOR THE 1988-89 SCHOOL YEAR.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4067 -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND MICHELLE SEAY OF THE SENIOR CLASS AT BOILING SPRINGS HIGH SCHOOL IN SPARTANBURG COUNTY FOR BEING NAMED AN "OUTSTANDING SCHOOL CITIZEN" FOR THE 1988-89 SCHOOL YEAR.

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

CONCURRENT RESOLUTION

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

H. 4068 -- Rep. J. Rogers: A CONCURRENT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE INDIGENT DEFENSE SYSTEM AND WAYS TO MAKE IT MORE EFFICIENT AND EFFECTIVE.

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

That there is created a committee to study the indigent defense system in this State and ways to make it more efficient and effective, in terms of costs, staffing, and delivery of services.

The committee consists of nine members. Three must be appointed by the Speaker of the House of Representatives from its membership, three must be appointed by the President of the Senate from its membership, and three must be appointed by the Governor. Two of the Governor's appointees must be attorneys licensed to practice law in this State, and one must be a member of the general public. The members shall meet as soon as practicable after appointment for the purpose of organizing and shall elect from among its membership a chairman and other officers it considers necessary. The members shall meet upon the call of the chairman or a majority of the membership. The members shall receive the usual mileage, subsistence, and per diem paid to members of state boards, commissions, and committees to be paid from the approved accounts of both houses.

The staff of the Legislative Council and the appropriate standing committees of both houses shall provide assistance to the committee as necessary in the performance of its duties. The committee shall make its report to the General Assembly at the beginning of the 1990 session at which time the committee is dissolved.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4069 -- Reps. Sharpe, 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, Rudnick, Sheheen, Short, Simpson, Smith, 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 MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO ENACT PENDING LEGISLATION ESTABLISHING A SCENIC BYWAYS PROGRAM IN FUTURE FEDERAL HIGHWAY CONSTRUCTION.

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

H. 4070-ADOPTED

The following was introduced:

H. 4070 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 3122, RELATING TO ABORTION, FOR SECOND READING OR OTHER CONSIDERATION AT 2:00 P.M. ON WEDNESDAY, MAY 17, 1989, AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 3122 UNTIL THIRD READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That H. 3122 be set by special order for second reading or other consideration at 2:00 p.m. on Wednesday, May 17, 1989, and continuing each legislative day thereafter immediately following the call of the uncontested calendar until H. 3122 is given third reading or it is otherwise disposed of.

Rep. HUFF explained the Resolution.

The Resolution was then adopted by a division vote of 74 to 20.

H. 4071-ADOPTED

The following was introduced:

H. 4071 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 321, RELATING TO EDUCATION, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING THIRD READING OF H. 3122 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 321 UNTIL THIRD READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That S. 321 be set by special order for second reading or other consideration immediately following third reading of H. 3122 and continuing each legislative day thereafter immediately following the call of the uncontested calendar until S. 321 is given third reading or it is otherwise disposed of.

Rep. HUFF explained the Resolution.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4072 -- Rep. Baxley: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO DR. WILLIAM P. KENNEDY OF HARTSVILLE IN DARLINGTON COUNTY ON RECEIVING THE 1989 GEORGE P. HOFFMAN, JR., D.D.S., DISTINGUISHED DENTIST AWARD FROM THE SOUTH CAROLINA DENTAL ASSOCIATION.

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

SPECIAL INTRODUCTION

Rep. McABEE introduced Anna Graham Reynolds, Miss South Carolina for 1988.

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                Bennett
Blackwell              Blanding               Boan
Brown, G.              Brown, H.              Brown, J.
Brown, R.              Bruce                  Burch
Carnell                Chamblee               Clyborne
Cole                   Cooper                 Corbett
Cork                   Corning                Davenport
Derrick                Elliott                Faber
Fair                   Fant                   Farr
Felder                 Ferguson               Foster
Glover                 Gordon                 Gregory
Hallman                Harris, P.             Harvin
Harwell                Haskins                Hayes
Hearn                  Hendricks              Hodges
Holt                   Huff                   Jaskwhich
Johnson, J.C.          Johnson, J.W.          Kay
Keegan                 Keesley                Keyserling
Kirsh                  Klapman                Kohn
Koon                   Lanford                Limehouse
Littlejohn             Manly                  Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McCain
McEachin               McGinnis               McKay
McLellan               McLeod                 McTeer
Moss                   Moss                   Neilson
Nettles                Phillips               Quinn
Rama                   Rhoad                  Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Short                  Simpson
Smith                  Snow                   Stoddard
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 May 17, 1989.

Mickey Burriss                    Larry Gentry
C. Lenoir Sturkie                 Joseph McElveen
T.M. Burriss                      Jean Harris
James E. Lockemy
Total Present-123

STATEMENTS OF ATTENDANCE

Rep. BAXLEY signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, May 11, 1989.

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 Thursday, May 11, 1989.

Rep. HEARN signed a statement with the Clerk that she came in after the roll call of the House and was present for the Session on Wednesday, May 10, 1989.

LEAVES OF ABSENCE

The SPEAKER granted Reps. J. HARRIS, CHAMBLEE and COOPER a temporary leave of absence.

DOCTOR OF THE DAY

Announcement was made that Dr. S.R. Littlepage of Greenville is the Doctor of the Day for the General Assembly.

SPECIAL INTRODUCTION

Rep. RUDNICK introduced to the House Mr. Arthur Dexter, of Aiken County recipient of the "Outstanding Older South Carolinian" Award.

H. 3336-RECONSIDERED, SENATE AMENDMENTS
AMENDED AND SENT TO THE SENATE

The following Bill was taken up.

H. 3336 -- Reps. Holt, Winstead, Washington, J. Bailey, D. Martin, Kohn and Hallman: A BILL TO AMEND SECTION 5-31-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMISSIONERS OF PUBLIC WORKS, SO AS TO PROVIDE THAT MUNICIPALITIES HAVING A POPULATION OF TWENTY THOUSAND OR LESS ACCORDING TO THE 1960 CENSUS MAY ELECT TWO ADDITIONAL COMMISSIONERS AT ANY GENERAL ELECTION AFTER AUTHORIZING THEM BY ORDINANCE.

The motion of Rep. J.W. JOHNSON to reconsider the vote whereby the House concurred in the Senate Amendments was taken up and agreed to.

Reps J.W. JOHNSON, JR. and STODDARD proposed the following Amendment No. 1 (Doc. No. 4679U), which was adopted.

Amend the bill, as and if amended, in Section 5-31-210 of the 1976 Code, as contained in SECTION 1, by striking /1925/ on line 17 of page 2 and inserting /1920/.

Amend title to conform.

Rep. J.W. JOHNSON explained the amendment.

The Senate Amendments, as amended, were then agreed to and the Bill ordered sent to the Senate.

ORDERED TO THIRD READING

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

S. 591 -- Senator Bryan: A BILL TO AMEND ACT 879 OF 1966, AS AMENDED, RELATING TO THE LAURENS COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO PROVIDE THAT THE TEN RESIDENT ELECTORS COMPOSING THE COMMISSION MUST BE APPOINTED AT LARGE BY THE GOVERNOR.

H. 4040 -- Rep. Lockemy: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR FISCAL YEAR BEGINNING JULY 1, 1989, AND ENDING JUNE 30, 1990.

S. 260 -- Senator Mullinax: A BILL TO PRESCRIBE THE PROCEDURE FOR DETERMINING THE ANNUAL BUDGET AND SCHOOL TAX MILLAGE FOR ANDERSON COUNTY SCHOOL DISTRICTS NO. 4 AND NO. 5 INCLUDING A LIMIT ON INCREASED MILLAGE BASED ON THE GROWTH OF PERSONAL INCOME IN THE STATE PLUS ONE PERCENT EXCEPT UPON FAVORABLE REFERENDUM VOTE FOR A LARGER INCREASE.

H. 4050-REFERRED TO SUMTER DELEGATION

The following Bill was taken up.

H. 4050 -- Reps. Blanding, Baxley, G. Brown, McElveen and McLeod: A BILL TO RECONSTITUTE THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF SUMTER SCHOOL DISTRICT 17 BY ESTABLISHING SEVEN SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH THESE MEMBERS MUST BE ELECTED BEGINNING WITH THE 1990 GENERAL ELECTION, AND TO PROVIDE FOR THE TERMS OF THESE MEMBERS.

Rep. BLANDING moved to refer the Bill to the Sumter Delegation, which was agreed to.

H. 4051-REFERRED TO SUMTER DELEGATION

The following Bill was taken up.

H. 4051 -- Reps. Blanding, Baxley, G. Brown, McElveen and McLeod: A BILL TO AMEND SECTION 7-7-501, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN SUMTER COUNTY, SO AS TO REVISE CERTAIN OF THESE PRECINCTS, AND TO AMEND SECTION 7-7-502, RELATING TO VOTING PLACES IN SUMTER COUNTY, SO AS TO REVISE CERTAIN OF THESE VOTING PLACES.

Rep. BLANDING moved to refer the Bill to the Sumter Delegation, which was agreed to.

S. 656-DEBATE ADJOURNED

Rep. McLELLAN moved to adjourn debate upon the following Bill until Thursday, May 18, which was adopted.

S. 656 -- Senator Macaulay: A BILL TO AMEND SECTION 7-7-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN OCONEE COUNTY, SO AS TO ADD A PRECINCT AND TO REVISE THE BOUNDARIES OF CERTAIN OTHER PRECINCTS.

RETURNED TO THE SENATE WITH AMENDMENT

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

S. 281 -- Senators Giese, Thomas, Bryan, Lourie, Lindsay and Passailaigue: A BILL TO AMEND CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 14 SO AS TO PROVIDE FOR THE DEFINITION OF "ANABOLIC STEROID", TO PROVIDE WHAT CONSTITUTES UNPROFESSIONAL CONDUCT FOR A PRACTITIONER, TO PROVIDE WHAT CONSTITUTES A VIOLATION OF THIS ARTICLE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

H. 3768-AMENDED AND SENT TO THE SENATE

H. 3768 -- Reps. Altman, Keegan and Snow: A BILL TO AMEND ARTICLES 1 AND 3, CHAPTER 25, TITLE 57, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OUTDOOR ADVERTISING, SO AS TO REVISE THE REQUIREMENTS OF THE HIGHWAY ADVERTISING CONTROL ACT BY PROVIDING FOR DEFINITIONS, AUTHORIZED SIGNS, THE ISSUANCE OF PERMITS, ILLEGAL ADVERTISING DEVICES, SIGNS ON RIGHTS-OF-WAY, REMOVAL OF AND COMPENSATION FOR SIGNS, REGULATION BY OTHER AUTHORITIES, EXPENDITURES FOR REMOVAL, VIOLATIONS, AND PENALTIES.

Rep. HASKINS, with unanimous consent, proposed the following Amendment No. 2, which was adopted.

Amend Amendment Number 1 so that after amended it shall read as follows:

/Section_____. No billboard shall be erected or displayed containing obscene or indecent words, photographs, or depictions.

(B) Obscene words, photographs, or depictions must be defined and interpreted as provided in Section 16-15-305(B), (C), (D), and (E).

(C) A billboard is indecent when:

(1) taken as a whole, it describes, in a patently offensive way, as determined by contemporary community standards, sexual acts, excretory functions, or parts of the human body; and

(2) taken as a whole, it lacks serious literary, artistic, political, or scientific value.

Rep. HASKINS explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the third time and ordered sent to the Senate.

SENT TO THE SENATE

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

H. 3554 -- Reps. Kirsh, J. Rogers, Wilkins, Beasley, Boan, H. Brown, Bruce, Clyborne, Cole, Corbett, Hallman, Haskins, Hearn, Huff, Keegan, Littlejohn, McLellan, Quinn, Rama, Sharpe, Short, Sturkie, Vaughn, Wells, Wilkes, Wofford, Wright, Foster, Nesbitt, Hayes, McAbee, G. Bailey and J.W. Johnson: A BILL TO AMEND CHAPTER 11, TITLE 55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AIRPORTS, BY ADDING ARTICLE 7 SO AS TO PROVIDE CERTAIN STATE FUNDING FOR AIRLINE HUB TERMINAL FACILITIES TO BE CONSTRUCTED IN THIS STATE; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT ALL PERSONAL PROPERTY OF AN AIRLINE COMPANY OPERATING AN AIRLINE HUB TERMINAL FACILITY IN THIS STATE.

H. 3552 -- Reps. Huff, L. Martin, J. Rogers, Littlejohn, Cole, Elliott, Davenport, Moas, Blanding, Hodges, Wells, Wilkes, Bruce, McGinnis, Wilder, Snow, Wright and Quinn: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES PAID TO CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCE, SO AS TO INCREASE VARIOUS FEES AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 12-49-250, RELATING TO THE FEE FOR RECORDING THE MORTGAGE NOTICE LIST, SO AS TO INCREASE THE FEE FOR EACH MORTGAGEE NOTICE; TO AMEND SECTION 15-49-30, RELATING TO THE APPLICABLE FEE FOR BRINGING AN ACTION FOR A CHANGE OF NAME, SO AS TO PROVIDE THAT THE APPLICABLE FILING FEE IS THE STANDARD FEE TO FILE CIVIL ACTIONS; TO AMEND SECTION 20-7-1510, RELATING TO THE DISPOSITION OF FINES AND FORFEITURES GENERATED BY THE CIRCUIT AND FAMILY COURT, SO AS TO PROVIDE SPECIFICALLY THAT FINES AND FORFEITURES FOR SHELLFISH VIOLATIONS ARE EXCLUDED FROM THE GENERAL DISTRIBUTION PROVISIONS; AND TO AMEND SECTION 44-53-580, RELATING TO THE DISPOSITION OF FINES GENERATED FROM NARCOTICS AND CONTROLLED SUBSTANCE OFFENSES, SO AS TO PROVIDE THAT ONE-FOURTH OF THE FINES MUST BE REMITTED TO THE COUNTY TREASURER OF THE COUNTY WHERE THE VIOLATION OCCURRED.

H. 4041 -- Rep. J.W. Johnson: A BILL TO AMEND ACT 1197 OF 1930, AS AMENDED, RELATING TO PRESBYTERIAN COLLEGE, SO AS TO REVISE THE MANNER IN WHICH MEMBERS OF ITS BOARD OF TRUSTEES ARE SELECTED.

H. 3898-AMENDED AND INTERRUPTED DEBATE

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

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.

AMENDMENT NO. 1-ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Tuesday, May 16, by the Committee on Ways and Means.

Rep. BLACKWELL continued speaking.

The question then recurred to the adoption of the amendment.

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

Yeas 13; Nays 0

Those who voted in the affirmative are:

Baker                  Blackwell              Clyborne
Fair                   Fant                   Haskins
Jaskwhich              Manly                  Mattos
McGinnis               Stoddard               Vaughn
Wilkins

Total-13

Those who voted in the negative are:

Total-0

So, the amendment was adopted.

Rep. BLACKWELL proposed the following Amendment No. 5 (Doc. No. 4683U), which was tabled.

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

/SECTION______. If the authorized tax millage for the operations of the School District of Greenville County ever equals or exceeds eighty-four mills, then notwithstanding any other provision of law, the terms of office of all trustees thereafter elected, including incumbents who are reelected, must be two years./

Renumber sections to conform.

Amend title to conform.

Rep. BLACKWELL explained the amendment.

Rep. WILKINS moved to table the amendment.

Rep. BLACKWELL demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 7 to 6.

Rep. WILKINS proposed the following Amendment No. 6 (Doc. No. 4767U), which was adopted.

Amend the report of the Committee on Ways and Means, as and if amended, by striking SECTION 5 in its entirety.

Renumber sections to conform.

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

Reps. JASKWHICH and MANLY proposed the following Amendment No. 7 (Doc. No. 4742U).

Amend the report of the Committee on Ways and Means, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. The board of trustees of the Greenville County School District may levy for the general operation of the school district in any year a tax millage not exceeding eighty-four mills, except when higher millage is authorized in the manner permitted in Sections 2, 3, and 4 of this act.

SECTION 2. An authorized tax levy for the general operations of the school district of Greenville County above eighty-four mills is authorized in the manner permitted in this section and Sections 3 and 4 of this act. Beginning in 1991 and thereafter, the board of trustees of the district, upon a two-thirds recorded vote of its membership, may increase this eighty-four mill authorization by not more than a total of three mills in any successive two-year period. In determining these two-year periods, a particular year is to be used once. That is to say by example that the 1991 and 1992 years constitute a two-year period, and the years 1993 and 1994 constitute the next successive two-year period. If the board determines that the millage needs of the district in any year exceed the authorized limits of this section, the excess millage desired must be approved by the qualified electors of the district in a referendum called for this purpose by the board to be conducted as provided in Section 4.

SECTION 3. (A) If in any year of equalization and reassessment the millage authorized to be levied for the benefit of the district is reduced pursuant to the provisions of Section 12-43-280 or any other provision of Article 3, Chapter 43, Title 12 of the 1978 Code, the reduced millage, for purposes of determining the millage limitation provisions of Section 2 only, must be adjusted upward by the county auditor to equalize on a value basis the number of mills that were levied before equalization and reassessment as compared to the number of mills that are authorized to be levied after equalization and reassessment. This adjusted millage must be used in all calculations pertaining to that year for purposes of determining the allowable millage increases without a referendum under the provisions of Section 2. However, the allowable millage increase so determined above must be added to the reduced millage for that year and not to the adjusted millage figure determined above.

(B) If in any year the qualified electors of the district in the manner authorized by this act approve of a millage levy in excess of that authorized to be levied in Section 2 without a referendum, this excess millage becomes the amount of millage for that year which must be used for purposes of determining the millage limitation provisions of Section 2.

SECTION 4. (A) The county commissioners of election shall conduct and supervise any referendum authorized by Section 2 in the manner governed by the election laws of this State mutatis mutandi. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the referendum, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the referendum sixty days preceding it in a newspaper of general circulation in the district and shall publish a second notice thirty days before the referendum. The costs of the referendum must be borne by the school district.

(B) The ballot must read substantially as follows:

"Must the tax millage for the year _____ authorized to be levied for the general operation School District of Greenville County be increased by a total of _______ mills above those levied in the past year?

Yes []

No []

SECTION 5. Before the provisions of Sections 2, 3, and 4 of this act may take effect, the qualified electors of the school district of Greenville County must first approve of its provisions in a referendum conducted by the election commissions of the respective counties in the school district. This referendum must be conducted at the 1990 general election. The board shall frame the question for the ballot. If multiple questions are used, each must receive approval for any of the provisions of Sections 2, 3, and 4 of this act to be considered approved and for this purpose the provisions of Sections 2, 3, and 4 of this act are declared to be nonseverable.

The county commissioners of election shall conduct and supervise this referendum in the manner governed by the election laws of this State mutatis mutandi. The commissioners shall prepare the necessary ballots after the questions for the ballot have been framed by the school board, appoint managers for the voting precincts, and do all things necessary to carry out the referendum, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the referendum sixty days preceding it in a newspaper of general circulation in the district and shall publish a second notice thirty days before the referendum. The costs of the referendum must be borne by the school district.

SECTION 6. Section 1 of Act 275 of 1985 is repealed.

SECTION 7. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. JASKWHICH explained the amendment.

Rep. BLACKWELL spoke against the amendment.

Reps. MANLY and WILKINS spoke in favor of the amendment.

Rep. VAUGHN spoke against the amendment.

Rep. FANT spoke in favor of the amendment.

Further proceedings were interrupted by a message from the Senate to Ratify Acts, the pending question being consideration of Amendment No. 7, Rep. FANT having the floor.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 17, 1989

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:00 A.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. WILKINS the invitation was accepted.

THE HOUSE RESUMES

At 11:10 A.M. the House resumed, the SPEAKER in the Chair.

H. 3898--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 7, Rep. FANT having the floor.

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.

AMENDMENT NO. 7-ADOPTED

Debate was resumed on Amendment No. 7, by Reps. JASKWHICH and MANLY.

Rep. FANT continued speaking.

The question then recurred to the adoption of the amendment.

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

Yeas 8; Nays 6

Those who voted in the affirmative are:

Alexander, M.O.        Baker                  Fant
Jaskwhich              Manly                  Mattos
McGinnis               Wilkins

Total-8

Those who voted in the negative are:

Blackwell              Clyborne               Fair
Haskins                Stoddard               Vaughn

Total-6

So, the amendment was adopted.

Rep. WILKINS proposed the following Amendment No. 8 (Doc. No. 4768U).

Amend Amendment No. 7, as and if amended, by striking the first two sentences of SECTION 5 and inserting:

/Before the provisions of Sections 2, 5 and 4 of this Act may take effect, the qualified electors of the school district of Greenville County must first approve of its provisions in a referendum conducted by the election commissions of the respective counties in the school district. This referendum must be called by the board and conducted on a date set by the board./

Amend the report further, as and if amended, in SECTION 5 by striking /sixty/ of page 7 and inserting /ninety/.

Amend title to conform.

Rep. WILKINS explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 8, Rep. WILKINS having the floor.

RECURRENCE TO THE MORNING HOUR

Rep. M.O. ALEXANDER moved that the House recur to the morning hour, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 17, 1989

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Waddell, Helmly and Giese of the Committee of Conference on the part of the Senate on H. 3528:
H. 3528 -- Reps. Sharpe, Hallman, Corbett, G. Brown, Koon, Rhoad, Sturkie, Bennett, Manly, Littlejohn, M.O. Alexander, K. Bailey, Waites, Snow, Bruce and Barfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-65, SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON TO STEAL FISH IN WHICH ANY OTHER PERSON HAS PROPERTY RIGHTS AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Very respectfully,
President

No. 044

Received as information.

REPORTS OF STANDING COMMITTEE

Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 686 -- General Committee: A BILL TO AMEND SECTION 40-6-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE FEES FOR AUCTIONEERS AND AUCTION FIRMS, SO AS TO PROVIDE THAT THE LICENSE FEES FOR AUCTIONEERS, APPRENTICE AUCTIONEERS, AND AUCTION COMPANIES ARE ONE HUNDRED FIFTY DOLLARS.

Ordered for consideration tomorrow.

Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

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.

Ordered for consideration tomorrow.

Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

S. 589 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-79-230, 38-81-340, AND 38-83-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURER PARTICIPATION IN THE EXPENSES, PROFITS, AND LOSSES OF THE JOINT UNDERWRITING ASSOCIATIONS FOR THE WRITING OF PROFESSIONAL LIABILITY INSURANCE, MEDICAL MALPRACTICE LIABILITY INSURANCE, AND LEGAL PROFESSIONAL LIABILITY INSURANCE, SO AS TO ELIMINATE THE CAPPING PROVISIONS ON PARTICIPATION BY AN INDIVIDUAL INSURER AT ONE PERCENT OF ITS SURPLUS TO POLICYHOLDERS AND TO PROVIDE FOR DEFERRAL OF PAYMENTS OF ASSESSMENTS UNDER CERTAIN CONDITIONS.

Ordered for consideration tomorrow.

Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

S. 615 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ATHLETIC TRAINERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1095, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments on:

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.

Ordered for consideration tomorrow.

Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

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.

Ordered for consideration tomorrow.

Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

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.

Ordered for consideration tomorrow.

Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3549 -- Reps. Rhoad, Keegan, M.D. Burriss, McBride, Sharpe, G. Bailey, L. Martin, Nesbitt, Blackwell, Bennett, Baker, Gordon, Manly, Derrick, Kay, Foster, Cooper, M.O. Alexander, Davenport, Cole, Altman, Snow, K. Bailey, McAbee, Corbett, D. Martin, Waites, Cork, Hallman, Kirsh, Wright, McTeer, McGinnis, Taylor, G. Brown, Gregory, Wilder, J. Bailey, Carnell, Burch, T. Rogers, Fant, Rama, Waldrop, Elliott, Hayes, White, Mappus and Whipper: A BILL TO AMEND SECTION 38-71-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AFFECTING AUTOMOBILE INSURANCE LEGISLATION, SO AS TO INCLUDE BUSES OWNED BY AMERICAN LEGION POSTS IN THE DEFINITION OF "SMALL COMMERCIAL RISK".

Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 4073 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA, RELATING TO ELECTRIC UTILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1105, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4074 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA, RELATING TO GAS UTILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1104, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1970 CODE.

Without reference.

H. 4075 -- Reps. Harvin, Barfield, D. Williams, Taylor, Hearn, Holt, Ferguson, Nesbitt, Blackwell, Wells, McGinnis, Rhoad, Tucker, Waites, Kay, Stoddard, Washington, J. Bailey, Elliott, Keegan, Felder, G. Bailey, Phillips, Baxley, Mattos, Fant and K. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-736 SO AS TO PROVIDE FOR A REDUCTION IN RATES FOR AUTOMOBILE LIABILITY INSURANCE FOR A PERSON FIFTY-FIVE YEARS OF AGE OR OLDER WHO SUCCESSFULLY COMPLETES A MOTOR VEHICLE ACCIDENT PREVENTION COURSE APPROVED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

Referred to the Committee on Labor, Commerce and Industry.

H. 4076 -- Rep. T.C. Alexander: A BILL TO AMEND CHAPTER 3 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND LICENSING OF MOTOR VEHICLES BY ADDING ARTICLE 34 SO AS TO AUTHORIZE A SPECIAL LICENSE PLATE FOR THE SOUTH CAROLINA TEACHER OF THE YEAR.

Referred to the Committee on Education and Public Works.

3898-AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 8, Rep. WILKINS having the floor.

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.

AMENDMENT NO. 8-ADOPTED

Debate was resumed on Amendment No. 8 by Rep. WILKINS.

Rep. WILKINS continued speaking.

The question then recurred to the adoption of the amendment.

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

Yeas 8; Nays 5

Those who voted in the affirmative are:

Alexander, M.O.        Baker                  Fant
Jaskwhich              Manly                  McGinnis
Stoddard               Wilkins

Total-8

Those who voted in the negative are:

Blackwell              Clyborne               Fair
Mattos                 Vaughn

Total-5

So, the amendment was adopted.

Reps. BLACKWELL, CLYBORNE and BAKER proposed the following Amendment No. 9, which was adopted.

Amend the bill by adding a new section to be appropriately numbered to read:

/Section______. Upon the approval of limited fiscal autonomy as provided in this act being approved by the voters in a referendum, then notwithstanding any other provision of law, the terms of office of all Greenville County School District trustees thereafter elected, including incumbents who are reelected, must be two years.

Rep. BLACKWELL explained the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 14; Nays 0

Those who voted in the affirmative are:

Alexander, M.O.        Baker                  Blackwell
Clyborne               Fair                   Fant
Haskins                Jaskwhich              Manly
Mattos                 McGinnis               Stoddard
Vaughn                 Wilkins

Total-14

Those who voted in the negative are:

Total-0

So, the amendment was adopted.

Reps. CLYBORNE, BAKER and VAUGHN proposed the following Amendment No. 11, which was adopted.

Amend the bill by adding a new section that states:

Section_____. Notwithstanding any other provision of law, the referendum required in Section 5 must be held on November 7, 1989, if the Greenville County School Trustees vote to hold the referendum.

Rep. BAKER explained the amendment.

The amendment was then adopted by a division vote of 12 to 0.

The question then recurred to the passage of the Bill, as amended, on second reading.

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

Yeas 8; Nays 6

Those who voted in the affirmative are:

Alexander, M.O.        Baker                  Fant
Jaskwhich              Manly                  Mattos
McGinnis               Wilkins

Total-8

Those who voted in the negative are:

Blackwell              Clyborne               Fair
Haskins                Stoddard               Vaughn

Total-6

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

OBJECTION TO MOTION

Rep. WILKINS asked unanimous consent that H. 3898 be read a third time tomorrow.

Rep. VAUGHN objected.

S. 521--OBJECTION WITHDRAWN,
AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 521 -- Senators Nell W. Smith, Giese and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 TO CHAPTER 7, TITLE 44 SO AS TO PROVIDE FOR THE INFANTS AND TODDLERS WITH HANDICAPPING CONDITIONS ACT BY SETTING FORTH DEFINITIONS, MEMBERS AND REQUIREMENTS OF A STATE INTERAGENCY COORDINATING COUNCIL, RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL INCLUDING A COMPREHENSIVE INTERAGENCY SYSTEM, REQUIREMENTS OF AN INDIVIDUALIZED FAMILY SERVICE PLAN, CHARGES FOR EARLY INTERVENTION SERVICES, FINANCIAL RESOURCES, AND EVALUATION OF THE COMPREHENSIVE SERVICE SYSTEM.

Rep. KLAPMAN, with unanimous consent, withdrew his objection to the Bill.

Rep. HEARN proposed the following Amendment No. 1 (Doc. No. 4694U), which was adopted.

Amend the bill, as and if amended, Section 44-7-2520, as contained in SECTION 2, by striking item (1), page 2, lines 33 and 34, and inserting:

/(1) 'Department' means the agency designated by the Governor by Executive Order pursuant to Title 20 of the United States Code, Section 1476(b)(9)./

Amend the bill further in Section 44-7-2530(B), as contained in SECTION 2, by striking item (4), page 3, lines 30 through 36, and inserting:

/(4) one representative of the General Assembly, the State Mental Retardation Department, tile State Health and Human Services Finance Commission, the State Department of Education, and the Department of Health and Environmental Control;/

Amend title to conform.

Rep. HEARN 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 were taken up, read the second time, and ordered to a third reading:

H. 3977 -- Reps. McAbee and Kay: A BILL TO AMEND SECTION 13-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE BOARD OF THE SAVANNAH VALLEY AUTHORITY, SO AS TO GRANT THE BOARD THE POWER OF EMINENT DOMAIN IN ABBEVILLE AND MCCORMICK COUNTIES.

H. 3723 -- Reps. Wilkins, McElveen and Huff: A BILL TO AMEND SECTION 15-49-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHANGING A NAME, SO AS TO REVISE THE REQUIREMENTS OF THE PETITION, PROVIDE FOR THE APPOINTMENT OF A GUARDIAN AD LITEM, AND PROVIDE FOR THE GRANTING OF THE PETITION.

Rep. WILKINS explained the Bill.

H. 3629-DEBATE ADJOURNED

Rep. BEASLEY moved to adjourn debate upon the following Bill until Wednesday, May 24, which was adopted.

H. 3629 -- Reps. Beasley, J. Rogers, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Bennett, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Burch, T.M. Burriss, Carnell, Corning, Davenport, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Glover, Gordon, Gregory, Hallman, J. Harris, Harwell, Haskins, Hayes, Hendricks, Hodges, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keyserling, Lockemy, Manly, D. Martin, McBride, McEachin, McElveen, McGinnis, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, T. Rogers, Rudnick, Short, Simpson, Snow, Stoddard, Townsend, Waites, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford, Wright, Limehouse, Harvin, Sharpe, Klapman, Mappus and Hearn: A BILL TO ENACT THE "TARGET 2000-SCHOOL REFORM FOR THE NEXT DECADE" ACT BY AMENDING SECTION 59-5-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWER AND RESPONSIBILITY OF THE STATE BOARD OF EDUCATION TO ESTABLISH THE MINIMUM STANDARDS FOR STUDENT CONDUCT, ATTENDANCE, AND ACHIEVEMENT, SO AS TO REVISE PROVISIONS REQUIRING THE STATE BOARD OF EDUCATION TO IMPLEMENT REGULATIONS PROVIDING AT LEAST ONE-HALF DAY EARLY CHILDHOOD DEVELOPMENT PROGRAMS FOR FOUR-YEAR OLD CHILDREN WHO HAVE PREDICTED SIGNIFICANT READINESS DEFICIENCIES BY MAKING THESE REGULATIONS APPLICABLE TO ALL SCHOOL DISTRICTS AND REQUIRING THAT SPECIAL EFFORTS BE MADE TO RECRUIT CHILDREN WHOSE PARTICIPATION IS DIFFICULT TO OBTAIN; TO ADD SECTION 59-1-451 SO AS TO PROVIDE FOR PARENT EDUCATION PROGRAMS; TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO DETERMINATION OF ANNUAL ALLOCATIONS UNDER THE EDUCATION FINANCE ACT, SO AS TO PROVIDE THAT NOT LATER THAN THE 1990-91 SCHOOL YEAR, THE GENERAL ASSEMBLY SHALL APPROPRIATE SUFFICIENT FUNDS TO PROVIDE COMPENSATORY AND REMEDIAL PROGRAMS FOR ALL STUDENTS WHO FAIL TO MEET THE STATEWIDE MINIMUM STANDARDS IN READING, WRITING, AND MATHEMATICS, TO PROVIDE THAT ARTS EDUCATION MUST BE CONSIDERED IN THE WEIGHTINGS USED TO PROVIDE FOR THE RELATIVE COST DIFFERENCES BETWEEN PROGRAMS, AND TO PROVIDE FOR THE MANNER IN WHICH FUNDS GENERATED FROM THIS ARTS WEIGHTING MUST BE USED; TO ADD ARTICLE 5 TO CHAPTER 65, TITLE 59 SO AS TO ESTABLISH A SCHOOL DROP-OUT PREVENTION AND RECOVERY PROGRAM; TO AMEND SECTIONS 56-1-40, 56-1-50, 56-1-180, AND TO ADD SECTION 56-1-45 SO AS TO PROHIBIT THE ISSUING OF DRIVERS' LICENSES TO PERSONS UNDER EIGHTEEN YEARS OF AGE WHO ARE NOT HIGH SCHOOL GRADUATES, WHO HAVE NOT EARNED A G.E.D. CERTIFICATE, OR WHO DO NOT PROVIDE DOCUMENTATION THAT THEY ARE PROPERLY ENROLLED IN SCHOOL AND IN COMPLIANCE WITH ATTENDANCE REQUIREMENTS, TO REQUIRE THE SUSPENSION OF THE DRIVER'S LICENSES OF SPECIFIED STUDENTS UNDER CERTAIN CONDITIONS AND TO PROVIDE EXCEPTIONS; TO ADD SECTION 59-63-70 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL IMPLEMENT CERTAIN ACTIVITIES DESIGNED TO ENCOURAGE YOUNG PEOPLE TO CONSIDER POST-SECONDARY EDUCATION OR TRAINING; TO AMEND SECTION 59-26-20, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION, SO AS TO PROVIDE THAT BEGINNING WITH THE 1991-92 SCHOOL YEAR, STUDENTS WHO ARE PURSUING CERTAIN COLLEGE INSTRUCTIONAL OR ADMINISTRATIVE CURRICULUMS SHALL SUCCESSFULLY COMPLETE TRAINING AND DEVELOPMENT EXPERIENCES IN TEACHING HIGHER ORDER THINKING SKILLS, AND SHALL SUCCESSFULLY COMPLETE TRAINING IN METHODS OF MAKING SCHOOL IMPROVEMENT COUNCILS AN ACTIVE AND EFFECTIVE FORCE IN IMPROVING SCHOOLS; TO AMEND SECTION 59-26-30, RELATING TO THE DEVELOPMENT OF TEACHER EXAMINATIONS AND EVALUATION INSTRUMENTS BY THE STATE BOARD OF EDUCATION, SO AS TO FURTHER PROVIDE FOR THESE TEACHER EXAMINATIONS AND EVALUATION INSTRUMENTS; TO ADD SECTION 59-31-600 SO AS TO ESTABLISH CERTAIN STANDARDS FOR TEXTBOOK ADOPTIONS; TO AMEND SECTION 59-29-180, RELATING TO THE EMPHASIS ON HIGHER ORDER PROBLEM SOLVING SKILLS, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL ASSIST THE SCHOOL DISTRICTS IN THE LOCATION AND DEVELOPMENT OF MATERIALS AND AIDS WHICH MAY BE USED FOR THESE PURPOSES; TO ADD SECTION 59-1-450 SO AS TO PROVIDE THAT WHEN SELECTING CERTAIN ACHIEVEMENT TESTS FOR STATEWIDE TESTING, THE STATE BOARD OF EDUCATION SHALL SELECT TESTS WITH A SUFFICIENT NUMBER OF ITEMS WHICH MAY BE RESCORED TO EVALUATE THE STUDENT'S HIGHER ORDER THINKING SKILLS; TO ADD SECTION 59-30-110 SO AS TO PROVIDE THAT WHEN TEST ITEMS FOR THE BASIC SKILLS ASSESSMENT PROGRAM ARE REVISED, THE STATE BOARD OF EDUCATION SHALL INCLUDE TEST ITEMS WHICH MAY BE RESCORED TO EVALUATE A STUDENT'S HIGHER ORDER THINKING SKILLS; TO AMEND SECTION 59-3-90, RELATING TO IN-SERVICE TRAINING PROGRAMS FOR TEACHERS, SO AS TO INCLUDE HIGHER ORDER THINKING AND PROBLEM-SOLVING SKILLS IN THESE IN-SERVICE TRAINING PROGRAMS; TO AMEND SECTION 59-29-170, RELATING TO PROGRAMS FOR TALENTED STUDENTS, SO AS TO PROVIDE THAT BEGINNING WITH THE 1991-92 SCHOOL YEAR, ALL GIFTED AND TALENTED STUDENTS AT THE ELEMENTARY AND SECONDARY LEVELS WHO ARE NOT INCLUDED IN STATE FUNDED ADVANCED PLACEMENT PROGRAMS MUST BE PROVIDED THE PROGRAMS FOR TALENTED STUDENTS CONTAINED IN THIS SECTION; TO ADD SECTION 59-18-15 SO AS TO PROVIDE FOR THE MANNER IN WHICH A SCHOOL WHICH HAS RECEIVED AN INCENTIVE GRANT TWICE DURING A THREE-YEAR PERIOD MUST BE GIVEN THE FLEXIBILITY OF RECEIVING AN EXEMPTION FROM THE REQUIREMENTS OF THE DEFINED MINIMUM PROGRAM AND FROM THE REPORTING REQUIREMENTS OF THE BASIC SKILLS ASSESSMENT PROGRAM; TO AMEND SECTION 59-18-20, RELATING TO THE COMPETITIVE GRANTS PROGRAM FOR IMPROVEMENT OF INSTRUCTION, SO AS TO ALSO ESTABLISH A COMPETITIVE SCHOOLWIDE INNOVATION GRANTS PROGRAM; TO ADD SECTION 59-18-25 SO AS TO ESTABLISH A "CENTER FOR THE ADVANCEMENT OF TEACHING AND SCHOOL LEADERSHIP" AT SELECTED PUBLIC COLLEGES OR UNIVERSITIES; TO ADD SECTION 59-25-55 SO AS TO REQUIRE THE SOUTH CAROLINA CENTER FOR TEACHER RECRUITMENT TO ESTABLISH A PROGRAM FOR THE PURPOSE OF EXPANDING THE NUMBER OF HIGH ACHIEVING MINORITY STUDENTS ENTERING AND COMPLETING TEACHER EDUCATION PROGRAMS; TO ADD SECTION 59-18-31 SO AS TO PROVIDE THAT BY THE 1991-92 SCHOOL YEAR, THE STATE BOARD OF EDUCATION IN CONSULTATION WITH THE SELECT COMMITTEE SHALL DEVELOP ADDITIONAL CRITERIA WHICH MUST BE USED TO EVALUATE THE QUALITY OF EDUCATION IN THE SCHOOL DISTRICTS; TO ADD SECTION 59-18-11 SO AS TO FURTHER PROVIDE FOR THE CRITERIA SCHOOLS SHALL MEET IN ORDER TO QUALIFY FOR SCHOOL INCENTIVE AWARDS; TO ADD SECTION 59-6-15 SO AS TO ESTABLISH THE BUSINESS-EDUCATION PARTNERSHIP FOR EXCELLENCE IN EDUCATION AND ITS BUSINESS-EDUCATION SUBCOMMITTEE AND TO PROVIDE FOR THEIR MEMBERSHIP, DUTIES, AND FUNCTIONS; TO AMEND SECTION 59-6-20, AS AMENDED, RELATING TO THE DUTIES OF THE GOVERNOR AND STATE SUPERINTENDENT OF EDUCATION AND OTHER OFFICIALS AND ENTITIES IN REGARD TO THE SOUTH CAROLINA EDUCATION IMPROVEMENT ACT OF 1984, AND SECTION 59-6-30 RELATING TO CERTAIN ASSESSMENTS AND REPORTS CONCERNING THE EDUCATION IMPROVEMENT ACT, SO AS TO DELETE REFERENCES TO CERTAIN ELIMINATED COMMITTEES, SUBCOMMITTEES AND PARTNERSHIPS, TO INCLUDE IN THOSE SECTIONS THE DUTIES AND RESPONSIBILITIES OF THE BUSINESS-EDUCATION PARTNERSHIP AND ITS BUSINESS-EDUCATION SUBCOMMITTEE IN REGARD TO THE EDUCATION IMPROVEMENT ACT, AND PROVIDE FOR THE REQUIREMENTS OF CERTAIN FUNDING; TO AMEND SECTION 59-24-30, RELATING TO THE PARTICIPATION OF SCHOOL SUPERINTENDENTS AND PRINCIPALS IN SEMINARS FOR THE IMPROVEMENT OF ADMINISTRATIVE SKILLS AND INSTRUCTIONAL LEADERSHIP, SO AS TO FURTHER PROVIDE FOR THESE SEMINARS; TO AMEND SECTION 59-24-50, RELATING TO THE DEVELOPMENT TRAINING PROGRAMS FOR SCHOOL ADMINISTRATORS, SO AS TO FURTHER PROVIDE FOR THESE TRAINING PROGRAMS TO AMEND SECTION 59-24-120, RELATING TO APPRENTICESHIP SCHOOL PRINCIPAL PROGRAMS, SO AS TO FURTHER PROVIDE FOR THESE PROGRAMS; TO AMEND SECTION 59-20-60, AS AMENDED, RELATING TO SPENDING PRIORITIES UNDER THE EDUCATION FINANCE ACT, THE ESTABLISHMENT OF SCHOOL IMPROVEMENT COUNCILS, AND AUDITS AND REPORTS SUBMITTED UNDER THE ACT, SO AS TO PROVIDE THAT ELECTIONS OF MEMBERS TO SCHOOL IMPROVEMENT COUNCILS MUST OCCUR DURING THE SECOND WEEK IN OCTOBER, AND TO PROVIDE THAT THE INFORMATION FORWARDED TO THE STATE DEPARTMENT OF EDUCATION SHALL ALSO IDENTIFY AT LEAST ONE MEMBER OF EACH SCHOOL IMPROVEMENT COUNCIL WHO SHALL RECEIVE AND DISTRIBUTE COUNCIL-RELATED INFORMATION TO OTHER COUNCIL MEMBERS; TO ADD SECTION 59-1-452 SO AS TO ESTABLISH A PUBLIC SCHOOL EMPLOYEES COST-SAVINGS PROGRAM FOR THE PURPOSE OF MAKING CASH AWARDS TO SCHOOL DISTRICT EMPLOYEES FOR COST SAVING IDEAS; TO ADD SECTION 59-6-16 SO AS TO REQUIRE THE BUSINESS-EDUCATION SUBCOMMITTEE TO APPOINT A LEADERSHIP NETWORK OF REPRESENTATIVES FROM THE PRIVATE SECTOR AND TO PROVIDE FOR THE FUNCTIONS OF THE LEADERSHIP NETWORK; TO AMEND SECTION 59-5-65, AS AMENDED, RELATING TO CERTAIN POWERS AND RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL WORK WITH THE LEADERSHIP NETWORK ESTABLISHED BY THE BUSINESS-EDUCATION SUBCOMMITTEE; AND TO ADD SECTION 59-24-41 SO AS TO PROVIDE FOR CERTAIN PRACTICES WHICH A PRINCIPAL MUST DEMONSTRATE TO RECEIVE A MINIMUM SATISFACTORY PERFORMANCE RATING BEGINNING WITH THE 1991-92 SCHOOL YEAR.

S. 322-AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 322 -- Senators Setzler, Nell W. Smith, Rose, Wilson, McConnell, Land, Leventis, Peeler, Helmly, Stilwell, Russell, Hayes , Mullinax, Lourie, Passailaigue, Courson , Moore, McGill, Martschink, McLeod and Horace C. Smith: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING SECTION 59-6-15 SO AS TO PROVIDE FOR THE COMPOSITION, ORGANIZATION, AND RESPONSIBILITIES OF THE BUSINESS-EDUCATION PARTNERSHIP FOR EXCELLENCE IN EDUCATION AND THE BUSINESS-EDUCATION SUBCOMMITTEE; BY AMENDING SECTION 59-6-20 SO AS TO DELETE ALL REFERENCES TO THE COMMITTEE ON FINANCING EXCELLENCE IN PUBLIC EDUCATION, THE STEERING COMMITTEE OF THE EDUCATION-BUSINESS PARTNERSHIP, AND THE JOINT SUBCOMMITTEE; TO PROVIDE FOR THE DUTIES AND POWERS OF THE BUSINESS-EDUCATION PARTNERSHIP FOR EXCELLENCE IN PUBLIC EDUCATION AND THE BUSINESS-EDUCATION SUBCOMMITTEE; AND BY AMENDING SECTION 59-6-30 SO AS TO DELETE ALL REFERENCES TO THE COMMITTEE ON FINANCING EXCELLENCE IN PUBLIC EDUCATION; TO REQUIRE THE STATE BOARD OF EDUCATION TO PROVIDE AN ASSESSMENT OF THE EDUCATION IMPROVEMENT ACT TO THE BUSINESS-EDUCATION SUBCOMMITTEE; TO REQUIRE THAT THE BUSINESS-EDUCATION SUBCOMMITTEE REPORT ON THE ASSESSMENT TO THE BUSINESS-EDUCATION PARTNERSHIP FOR EXCELLENCE IN EDUCATION; TO REQUIRE THE BUSINESS-EDUCATION PARTNERSHIP FOR EXCELLENCE IN EDUCATION TO PROVIDE A REPORT ON THE ASSESSMENT TO THE GENERAL ASSEMBLY ON FEBRUARY FIRST RATHER THAN ON JANUARY FIRST; AND TO PROVIDE FOR THE STAFFING OF THE BUSINESS-EDUCATION SUBCOMMITTEE.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 4173U), which was adopted.

Amend the bill, as and if amended, in Section 59-6-15 of the 1976 Code, as contained in SECTION 1, by striking items (1) and (2) of subsection (A) of Section 59-6-15 and inserting:

/(1) Thirty-two prominent civic and business leaders of which fourteen are appointed by the Governor; six appointed by the State Superintendent of Education; six appointed by the Speaker of the House of Representatives; and six appointed by the President of the Senate;

(2) Twenty educators of which eight are appointed by the State Superintendent of Education; four appointed by the Governor; four appointed by the Speaker of the House of Representatives; and four appointed by the President of the Senate;/.

Amend title to conform.

Rep. BEASLEY explained the amendment.

The amendment was then adopted.

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

S. 322-ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. BEASLEY, with unanimous consent, it was ordered that S. 322 be read the third time tomorrow.

S. 284-AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 284 -- Senators Peeler and Lee: A BILL TO AMEND SECTION 56-3-785, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMANENT LICENSING OF A SEMITRAILER, SO AS TO PROVIDE A FEE OF SEVENTY-FIVE DOLLARS FOR THE LICENSING AND TO PROVIDE FOR THE PAYMENT OF THE FEE AND FOR REPORTS TO THIS DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

The Committee on Education and Public Works proposed the following Amendment No. 1 (Doc. No. 4131U), which was adopted.

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

/SECTION 1. Section 56-3-785 of the 1976 Code is amended to read:

"Section 56-3-785. (A) Upon proper application, the Department of Highways and Public Transportation department may issue , upon proper application being submitted at the request of the owner of twenty-five trailers, as defined in Section 56-3-20, registration and license plate on a permanent basis for semitrailers, regular trailers, and utility trailers. The license may be transferred as provided by Section 56-3-1260.

(B) The annual fee for the license is the same as that of a regular trailer license or that of a utility trailer license whichever is applicable seventy- five dollars for each semitrailer, regular trailer, and utility trailer, and is not transferable. The fee must be paid in one sum. After the initial issuance of the license the owner shall remit annually to the Department the fees requested for yearly registration renewal department on a form furnished by the department a report of the units still in use and units which must be deleted and return the licenses issued to the units no longer in use. Failure to furnish required forms by the due date established by the department results in a fine not to exceed fifty dollars. A permanent license may be purchased for chassis, specially constructed to transport international shipping containers without being required to furnish a South Carolina address if the chassis is not for domicile.

(C) The license plate must be the same size of regular license plates and design as specified by the department."

SECTION 2. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. ALTMAN explained the amendment.

The amendment was then adopted.

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

S. 148--TABLED

The following Bill was taken up.

S. 148 -- Senators Leatherman, McLeod, Lourie and Nell W. Smith: 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, ESTABLISHMENT OF AN ESCROW ACCOUNT, SANCTIONS FOR NONCOMPLIANCE, THE APPEAL PROCESS, PENALTIES FOR VIOLATIONS, AND A WAIVER OF REQUIREMENTS.

Rep. BLACKWELL moved to table the Bill, which was agreed to.

S. 721-OBJECTIONS

The following Bill was taken up.

S. 721 -- Senators Waddell and Lindsay: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-47-445 SO AS TO PROVIDE THAT THE PROVISIONS OF SECTION 12-47-440 RELATING TO ABATEMENT AND REFUND DO NOT APPLY TO CLAIMS FOR ABATEMENT OR REFUND RESULTING FROM A FINAL DECISION OF A COURT OF COMPETENT JURISDICTION DECLARING A TAX LAW OF THIS STATE UNCONSTITUTIONAL OR OTHERWISE UNLAWFUL AND TO DEFINE "FINAL DECISION".

Reps. LIMEHOUSE, G. BAILEY and WOFFORD objected to the Bill.

H. 3520-DEBATE ADJOURNED

The following Bill was taken up.

H. 3520 -- Reps. Waites, Wright, T. Rogers, McElveen, Huff, Keyserling, Hayes, Lockemy and Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1015 SO AS TO PROVIDE A CIVIL PENALTY FOR FAILURE TO FILE OR TO FILE LATE A STATEMENT REQUIRED BY CHAPTER 13 OF TITLE 8 RELATING TO ETHICS.

Rep. WILKINS explained the Bill and moved to adjourn debate upon the Bill until Thursday, May 18, which was adopted.

Rep. McCAIN moved that the House recede until 2:00 P.M.

Rep. WASHINGTON moved that the House do now adjourn.

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

Yeas 34; Nays 64

Those who voted in the affirmative are:

Bailey, J.             Bailey, K.             Blackwell
Brown, J.              Burch                  Carnell
Davenport              Elliott                Faber
Foster                 Harris, P.             Hendricks
Holt                   Keyserling             Kirsh
Limehouse              Mappus                 Martin, D.
McAbee                 McBride                Phillips
Rhoad                  Rogers, T.             Sharpe
Sheheen                Simpson                Smith
Taylor                 Washington             Whipper
White                  Wilkes                 Williams, D.
Winstead

Total-34

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Bailey, G.
Baker                  Barber                 Barfield
Boan                   Brown, G.              Bruce
Burriss, M.D.          Clyborne               Cole
Cooper                 Corbett                Cork
Corning                Derrick                Fair
Farr                   Felder                 Gentry
Hallman                Haskins                Hearn
Hodges                 Jaskwhich              Johnson, J.C.
Johnson, J.W.          Keegan                 Keesley
Klapman                Kohn                   Koon
Lanford                Littlejohn             Martin, L.
McCain                 McEachin               McElveen
McGinnis               McLeod                 McTeer
Moss                   Neilson                Nesbitt
Nettles                Quinn                  Rama
Rudnick                Short                  Stoddard
Sturkie                Townsend               Tucker
Vaughn                 Waites                 Wells
Wilder                 Wilkins                Wofford
Wright

Total-64

So, the House refused to adjourn.

The question then recurred to the motion to recede until 2:00 P.M., which was rejected.

H. 3740-AMENDED AND
ORDERED TO THIRD READING

The following Bill was taken up.

H. 3740 -- Reps. Wilkins, McElveen and Huff: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO SET FORTH THE PROVISIONS ALLOWING SUIT MONEY AND ATTORNEY'S FEES IN A SEPARATE ITEM.

Rep. BURCH proposed the following Amendment No. 1 (Doc. No. 4347U), which was adopted.

Amend the bill, as and if amended, in Section 20-7-420 of the 1976 Code, as contained in SECTION 1, page 1, line 35, by inserting after /court./ /Suit money may not be assessed against the Department of Social Services when it is a party in or subject to the jurisdiction of the family court./

Amend title to conform.

Rep. BAXLEY moved that the House recede until 2:05 P.M.

POINT OF ORDER

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

Rep. BURCH explained the amendment.

The amendment was then adopted.

Rep. WILKINS explained the Bill.

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

RECURRENCE TO THE MORNING HOUR

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

S. 102-AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 102 -- Senator McConnell: A BILL TO AMEND SECTION 20-7-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF COURT JURISDICTION OVER JUVENILES, SO AS TO PROVIDE FOR A PETITION FOR TRANSFER FROM THE FAMILY COURT TO THE COURT OF GENERAL SESSIONS WITHIN TWENTY INSTEAD OF TWO DAYS AFTER A PETITION IS FILED IN THE FAMILY COURT IN MURDER AND CRIMINAL SEXUAL ASSAULT CASES.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3890U), which was adopted.

Amend the bill, as and if amended, in Section 20-7-430(6) of the 1976 Code, as contained in Section 1, by striking /twenty/ on line 27 of page 1 and inserting /thirty/.

When amended, Section 20-7-430(6) of the 1076 Code shall read:

/(6) Within two thirty days after the filing of a petition in the family court alleging the child has committed the offense of murder or criminal sexual conduct, the person executing such the petition may request in writing that the case be transferred to the court of general sessions with a view to proceeding against such the child as a criminal rather than as a child coming within the purview of this article. The judge of the family court is authorized to determine this request. In the event If the request is denied, the petitioner shall have the right of may appeal within five days to the circuit court. Upon the hearing of such the appeal, the judge of the circuit court shall be is vested with the discretion of exercising and asserting the jurisdiction of the court of general sessions or of relinquishing jurisdiction to the family court. In case If the circuit judge elects to exercise the jurisdiction of the general sessions court for trial of the case, he shall issue an order to that effect, and thereafter then the family court shall have has no further jurisdiction in the matter./

Amend title to conform.

Rep. WILKINS 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 were taken up, read the second time, and ordered to a third reading:

S. 564 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-19-55 SO AS TO EXEMPT FROM DISCLOSURE CERTAIN APPLICATIONS, EXAMINATIONS, SCORES, EXAMINATION REPORTS, AND OTHER RELATED MATERIAL OF THE COOPERATIVE INTERAGENCY MERIT SYSTEM AND TO PROVIDE THAT THIS PROVISION DOES NOT RESTRICT THE ABILITY OF THE MERIT SYSTEM COUNCIL TO DISCLOSE NECESSARY INFORMATION FOR THE PURPOSE OF CONTRACTING FOR SERVICES.

Rep. WILKINS explained the Bill.

H. 3817 -- Reps. Felder, McAbee and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-5-22 SO AS TO EXTEND THE COVERAGE OF THE LABORER AND MATERIALMAN'S LIEN TO THE REASONABLE RENTAL VALUE OF TOOLS, APPLIANCES, MACHINERY, OR EQUIPMENT SUPPLIED FOR THE IMPROVEMENT OF REAL ESTATE AND TO AMEND SECTION 29-5-10, RELATING TO MECHANICS LIENS, SO AS TO EXTEND THE COVERAGE OF THE LIEN TO THE REASONABLE RENTAL VALUE OF TOOLS, APPLIANCES, MACHINERY, OR EQUIPMENT SUPPLIED FOR USE ON A PARTICULAR BUILDING OR STRUCTURE.

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.

Rep. BAXLEY explained the Bill.

S. 93-DEBATE ADJOURNED

Rep. WILKINS moved to adjourn debate upon the following Bill until Thursday, May 18, which was adopted.

S. 93 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-1460 SO AS TO PROVIDE FOR THE REQUIREMENTS FOR THE PURCHASE OF FURNITURE AND EQUIPMENT BY A GOVERNMENTAL BODY.

H. 3844-INTERRUPTED DEBATE

The following Bill was taken up.

H. 3844 -- Reps. Mattos, Davenport, Haskins, Moss, Blackwell, Townsend, H. Brown, Cooper, G. Bailey, Littlejohn, Phillips, Baker, Vaughn, Rama, Snow, Altman, Stoddard, Quinn, Waldrop, Wright, Chamblee, Wofford, J. Harris and Burch: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-11-75 SO AS TO PROVIDE FOR A CIVIL REMEDY FOR THE DRAWING AND UTTERING OF A FRAUDULENT CHECK, DRAFT, OR OTHER WRITTEN ORDER.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 4084U).

Amend the bill, as and if amended, Section 34-11-75, as contained in SECTION 1, by striking the first paragraph of item (1) and inserting:

/In addition to criminal penalties, a person who knowingly draws, makes, utters, or issues and delivers to another a check drawn on a bank or depository that refuses to honor it because the maker or drawer does not have sufficient funds on deposit in or credit with the bank or depository with which to pay the check upon presentation and who fails to pay the same amount in cash to the payee, within thirty days following written demand, is liable to the payee for the amount owing on the check and for damages of the lesser of five hundred dollars or three times the amount owing on the check. In an action under this section, the court or jury may waive all or part of the treble damages upon a finding that the defendant's failure to satisfy the dishonored check was due to economic hardship./

Amend title to conform.

Rep. WILKINS explained the amendment.

Rep. McCAIN moved that the House recede until 2:15 P.M.

Rep. HOLT moved that the House do now adjourn.

POINT OF ORDER

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

Yeas 48: Nays 56

Those who voted in the affirmative are:

Bailey, G.             Bailey, J.             Bailey, R
Barber                 Blackwell              Blanding
Brown, G.              Brown, J.              Burch
Burriss, T.M.          Carnell                Cork
Elliott                Faber                  Fant
Foster                 Glover                 Gordon
Gregory                Hallman                Harris, P.
Holt                   Keyserling             Kirsh
Limehouse              Mappus                 Martin, D.
McAbee                 McBride                McLeod
Nesbitt                Nettles                Phillipa
Rogers, T.             Rudnick                Sharpe
Sheheen                Short                  Simpson
Smith                  Stoddard               Taylor
Waites                 Washington             Whipper
White                  Wilkes                 Williams, D.

Total-48

Those who voted in the negative are:

Alexander, M.O.        Altman                 Baker
Barfield               Baxley                 Beasley
Boan                   Brown, H.              Brown, R.
Bruce                  Burriss, M.D.          Clyborne
Cole                   Cooper                 Corbett
Corning                Davenport              Fair
Farr                   Felder                 Gentry
Harvin                 Harwell                Haskins
Hearn                  Hendricks              Hodges
Jaskwhich              Johnson, J.C.          Johnson, J.W.
Keegan                 Keesley                Klapman
Kohn                   Koon                   Lanford
Littlejohn             Martin, L.             McCain
McEachin               McElveen               McGinnis
McKay                  McTeer                 Moss
Neilson                Quinn                  Rama
Rhoad                  Sturkie                Tucker
Vaughn                 Wells                  Wilder
Wilkins                Wright

Total-56

So, the House refused to adjourn.

The question then recurred to the motion to recede until 2:15 P.M.

Rep. FAIR demanded the yeas and nays, which were not ordered.

The motion to recede until 2:15 P.M. was agreed to by a division vote of 75 to 18.

Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 1, Rep. WILKINS having the floor.

THE HOUSE RESUMES

At 2:15 P.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

LEAVE OF ABSENCE

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

MOTION ADOPTED

Rep. M.D. BURRISS moved that when the House adjourns it adjourn in memory of Mrs. Margaret Y. Scaggs, resident of Richland County, which was agreed to.

H. 3122--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up.

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

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1520U), which was adopted.

Amend the bill, as and if amended, in Section 44-41-31(1) of the 1976 Code, as contained in SECTION 1, page 2, line 7, by striking /divorced/ and inserting /not presently married to each other/; page 2, line 13, by inserting after /custody/ /or legal guardian/ and on line 14, by inserting after /available/ /or legal guardian/ so that when amended Section 44-41-31(1) shall read:

/(1) the attending physician or his agent or the referring physician or his agent has secured the informed written consent, signed and notarized, of both parents or the legal guardian of the minor, and the informed written consent of the pregnant minor in every case. If the minor's parents are not presently married to each other or one parent is deceased or otherwise not available to the person performing the abortion or his agent, or the referring physician or his agent in a reasonable time or manner, then the informed written consent, signed and notarized, of the parent with custody or legal guardian or of the parent who is available or legal guardian is sufficient; or/

Amend further in Section 44-41-31(3), page 2, lines 1 and 2, by striking /either the circuit court or/ so that when amended Section 44-41-31(3) shall read:

/(3) the minor elects to petition the family court and has an order granting consent to the abortion, and the attending physician or his agent has received the informed signed written consent of the minor, and the order of the court. The procedure for this relief is the same as provided in Section 44-41-33./

/Amend the bill further, as and if amended, in Section 44-41-32 of the 1976 Code, as contained in SECTION 1, page 3, line 1, by inserting before /Every/ /If neither of the parents nor the legal guardian is available to the person performing the abortion or his agent or the referring physician or his agent within a reasonable time or manner, or the minor elects not to seek consent of those whose consent is required, or the parties from whom consent must be obtained pursuant to this section refuse to consent to the performance of the abortion, the minor may elect to petition, on her own behalf, the family court for a waiver of the consent requirement under the provisions of Sections 44-41-30 and 44-41-31 and pursuant to the procedures set forth in this section./; on line 2 by striking /circuit court or/; on page 3, by inserting immediately after line 7:

/(2) Notice of the hearing must be served on both parents or the legal guardian. If the parents are not presently married to each other or one parent is deceased or otherwise not available, then service must be on the custodial parent or legal guardian./; and in Section 44-41-32(2), page 3, knee 6 and 7 by striking /in a form containing the minor's initials only/ and inserting /in the name of Jane Doe/; in Section 44-41-32(3), page 3, line 3, by inserting after /her./ /When appointing a guardian ad litem, the judge shall take into consideration the preference of the minor./. Renumber items to conform so that when amended Section 44-41-32 shall read:

/Section 44-41-32. If neither of the parents nor the legal guardian is available to the person performing the abortion or his agent or the referring physician or his agent within a reasonable time or manner, or the minor elects not to seek consent of those whose consent is required, or the parties from whom consent must be obtained pursuant to this section refuse to consent to the performance of the abortion, the minor may elect to petition, on her own behalf, the family court for a waiver of the consent requirement under the provisions of Sections 44-41-30 and 44-41-31 and pursuant to the procedures set forth in this section. Every minor has the right to petition a family court for an order granting the right to self-consent to an abortion pursuant to the following procedures:

(1) The minor may prepare and file a petition setting forth the request of the minor for an order of consent to an abortion.

(2) Notice of the hearing must be served on both parents or the legal guardian. If the parents are not presently married to each other or one parent is deceased or otherwise not available, then service must be on the custodial parent or legal guardian.

(3) The court shall insure that the minor is given assistance in preparing and filing the petition and shall insure that the minor's identity is kept anonymous. For the purpose of preserving the minor's anonymity, the court may allow the petition to be filed in the name of Jane Doe.

(4) The minor may participate in proceedings in the court on her own behalf, and the court shall appoint a guardian ad litem for her. When appointing a guardian ad litem, the judge shall take into consideration the preference of the minor. The court shall advise her that she has a right to court-appointed counsel and shall provide her with this counsel upon her request.

(5) All proceedings under this section must be anonymous and must be given preference over other matters but the court shall rule within seventy-two hours of the time of application. The seventy-two hour limitation may be extended at the request of the minor.

(6) The court shall hold a hearing on the merits of the petition before reaching a decision. The court shall hear evidence at the hearing relating to the emotional development, maturity, intellect, and understanding of the minor; the nature, possible consequences, and alternatives to the abortion; and other evidence that the court may find useful in determining whether the minor should be granted majority rights for the purpose of consenting to the abortion or whether the abortion is in the best interest of the minor./

Amend further in Section 44-41-34(F), page 4, line 1, by striking /or circuit/ and on line 2, by striking /court of appeals/ and inserting /Supreme Court/ so that when amended Section 44-41-34(F) shall read:

/(F) Appeals from the family court must be to the Supreme Court./

Amend further in Section 44-41-10, as contained in SECTION 2, page 6, by inserting immediately after line 5:

/(o) 'Informed written consent' means consent with knowledge of the nature, possible consequences, and alternatives to abortion./

Amend title to conform.

Rep. HAYES explained the amendment.

Rep. HAYES continued speaking.

The amendment was then adopted.

Rep. HAYES proposed the following Amendment No. 2 (Doc. No. 1683U), which was adopted.

Amend the report by the Committee on Judiciary, as and if amended, page 3122-4, lines 38 through 40, and page 3122-5, lines 1 through 3, by striking:

/Amend further in Section 44-41-10, as contained in SECTION 2, page 6, by inserting immediately after line 5:

/(o) 'Informed written consent' means consent with knowledge of the nature, possible consequences, and alternatives to abortion./

Amend title to conform.

Rep. HAYES explained the amendment.

The amendment was then adopted.

Rep. HAYES proposed the following Amendment No. 3 (Doc. No. 1707U), which was adopted.

Amend the report by the Committee on Judiciary, as and if amended, page 3122-2, lines 40 through 43, and page 3122-3, lines 1 through 4, by striking /on page 3, by inserting immediately after line 7:

/(2) Notice of the hearing must be served on both parents or the legal guardian. If the parents are not presently married to each other or one parent is deceased or otherwise not available, then service must be on the custodial parent or legal guardian./.

Amend further in Section 44-41-32, page 3122-3, lines 35 through 40, by striking:

/(2) Notice of the hearing must be served on both parents or the legal guardian. If the parents are not presently married to each other or one parent is deceased or otherwise not available, then service must be on the custodial parent or legal guardian./

Renumber remaining items to conform.

Amend title to conform.

Rep. HAYES explained the amendment.

Rep. McEACHIN spoke against the amendment.

Rep. FAIR spoke in favor of the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. FAIR continued speaking.

Rep. McEACHIN moved to table the amendment, which was not agreed to by a division vote of 15 to 60.

The question then recurred to the adoption of the amendment, which was agreed to.

Rep. RUDNICK proposed the following Amendment No. 4 (Doc. No. 1908U), which was tabled.

Amend the bill, as and if amended, in Section 44-41-35 of the 1976 Code by adding at the end of this section the following:

/The requirements of Sections 44-41-31, 44-41-32, and 44-41-33 also do not apply when the pregnancy is the result of criminal sexual conduct or incest. A physician aborting a pregnancy, without meeting the above requirements, which resulted from criminal sexual conduct or incest must require and preserve reasonable proof of the criminal sexual conduct or incest through such items as police reports, court or public agency records or other physical records./

Amend title to conform.

Rep. KEYSERLING spoke upon the amendment.

On motion of Rep. RUDNICK, with unanimous consent, Rep. KEYSERLING's remarks were ordered printed in the Journal as follows:

"Last year I voted for this Bill, but this year I plan to vote against it -- unless amended -- and I would like to take a few minutes to explain why. This amendment would modify the Bill to make it more reasonable given our present-day society.

Most people think parental involvement in a young person's decisions is important -- and so do I. I agree with the stated intent of this Bill, that it is an important State interest to foster the family structure and preserve it as a viable social unit. And I agree with the authors that it is better for parents to participate in their daughter's decision to have, or not have, an abortion. In fact, this happens in most families now. Most minors already consult their parents when seeking an abortion -- and most doctors require that a parent be involved. I have checked with doctors and clinics and know this to be so. But did you know, there is already a South Carolina law requiring parental consent, and even though there has been a question of unconstitutionality, most doctors conform to this law and require girls to bring their parents in. The small percentage of those who will not involve their parents usually have good reasons. They come from families already in shambles.

When we write laws with noble ideas, these laws are like scattershot. They not only affect the people we are aiming at, they also can do great harm to others we don't see in our sights. A perfect example is this Parental Consent/Judicial Bypass Bill which could further victimize girls who are already victims.

These are the girls who come from unstable or violent homes, where one or both parents may be physically or emotionally abusive, substance abusers, mentally ill -- or absent altogether.

Girls who may be pregnant as a result of incest.

Girls who can't go to their mothers who are themselves victims of abuse and fear. In short, these girls already have the cards stacked against them. Mandatory consent laws without any escape valves can do nothing to help them, but could -- and does -- send them to another state a friend with a coathanger or suicide.

You may be sitting there thinking that I am exaggerating to make a point. I'm not. This year's statistics published by SLED show that 17% of reported rapes are incestuous -- girls raped by fathers, brothers, uncles, stepfathers and mother's boyfriends. Just think of that. Are these the families we think of when we talk about fostering better communication within families?

Have you visited your local child abuse shelters and spouse abuse programs lately? Last year there were 17,000 children in South Carolina reported as being physically or sexually abused and neglected. Will this Bill help them or their families communicate better?

But, you say, this Bill permits judicial - bypass in such cases. Despite all the reassurances of confidentiality, think about your town and your courthouse and a 14 or 16 year old girl finding her way to the judge. If it is difficult for her to talk to family about her trauma, how difficult will it be to talk to strangers in the courthouse about it, and with what chance of confidentiality?

Judicial bypass can harm a teenager's health by delaying an abortion. It can discriminate against disadvantaged teens who are poor, uneducated, rural and minority who don't understand the court system. Even worse, the judicial bypass is illogical. It puts judges in the paradoxical position of deciding that a young girl is either

1) mature enough to make her own decision about abortion -- and in several states the judges have ruled this way 99% of the time, or

2) too immature to make that decision about abortion, but somehow mature enough to continue the pregnancy and become a parent responsible for bringing up a child.

But even more to the point, by bypassing the parents you are not improving family cohesiveness. You are turning over parental authority to judges, thereby weakening family ties.

What is the real intent of making present parental law even more restrictive? I believe it is to simply put more roadblocks in the way of a girl who chooses to have an abortion, even though, at this time, the right to choose an abortion is still legal. Experience demonstrates that restrictive laws are simply punitive.

But some say, although it is legal, abortion is not moral.

Recently, I was intrigued by several comments in the State newspaper attributed to a legislator. He was quoted as effectively saying, if you are not for morality, you are for immorality. I assume this means that if we don't agree with this legislator's definition of morality, we are immoral. I won't accept such service.

Whose morality are we talking about? That of this Bill? This Bill under discussion, as written and passed by Judiciary, has only one concern -- the life of a fetus, no matter the age, no matter the circumstances. It does not protect the lives of those young girls who often resort to attempt to self-abort, even suicide. My morality also extends to those girls, who are already on this earth, those girls whose lives could be affected by this Bill -- they are often frightened, abused victims whose entire lives will be determined by our mandates, rather than their personal choices. I feel it my moral duty to consider them, as well as the unwanted children they bring into the world who will also suffer, as will society. But it is not easy to defend this position when morality and immorality are tossed about so cavalierly.

I have been asked by the press if I am pro-abortion. I am not. I am pro-choice. And I am also pro-life. I have lived side-by-side with my physician husband who has spent most of his waking hours, for over 40 years, saving and protecting lives.

In this same newspaper article, we were reminded that fornication is illegal. I ran to my dictionary to look it up, and as I had thought, fornication is defined as "sex outside of marriage". I also checked my Code of Laws and there it was -- fornication is illegal in South Carolina. I thought, how ironic! Here we are trying to stop abortions, which are legal, but doing nothing about fornication, which is illegal. So why don't we attack the root cause of abortion, which is fornication?

I would suggest to you the laws against fornication are not observed because no legislature can force a morality on people which is so different from the customs of the time. We couldn't do it with Prohibition, we couldn't do it with abortion when it was illegal, and we can't enforce a law against fornication today.

I am as interested in a moral society as anyone in this room. But there are limits to what I, as a legislator can do, or should do, to make all citizens conform to my particular moral and religious standards. That is not what the Constitution of the United States means for me to do."

Rep. HASKINS spoke against the amendment.

LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. McELVEEN a temporary leave of absence.

Rep. RUDNICK spoke in favor of the amendment.

SPEAKER IN CHAIR

Rep. RUDNICK continued speaking.

Reps J. ROGERS, GLOVER, WASHINGTON and HAYES spoke in favor of the amendment.

Rep. HAYES spoke against the amendment.

Rep. FELDER moved to table the amendment.

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

Yeas 53; Nays 42

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Baker
Barfield               Baxley                 Beasley
Blackwell              Boan                   Brown, H.
Bruce                  Chamblee               Clyborne
Cole                   Cooper                 Corbett
Corning                Davenport              Derrick
Elliott                Fair                   Felder
Gentry                 Hallman                Harvin
Haskins                Hayes                  Hendricks
Hodges                 Huff                   Johnson, J.W.
Kay                    Keegan                 Kohn
Lanford                Lockemy                Martin, L.
McCain                 McEachin               McGinnis
McLellan               Quinn                  Rama
Sharpe                 Sheheen                Simpson
Smith                  Townsend               Tucker
Vaughn                 Waldrop                Wells
Winstead               Wofford

Total-53

Those who voted in the negative are:

Altman                 Bailey, K.             Barber
Bennett                Blanding               Brown, J.
Burch                  Burriss, M.D.          Burriss, T.M.
Faber                  Fant                   Farr
Ferguson               Foster                 Glover
Harris, J.             Harwell                Hearn
Jaskwhich              Keyserling             Kirsh
Littlejohn             Manly                  Martin, D.
Mattos                 McBride                McLeod
McTeer                 Moss                   Neilson
Nesbitt                Phillips               Rogers, J.
Rogers, T.             Rudnick                Short
Snow                   Taylor                 Waites
Washington             Whipper                White

Total-42

So, the amendment was tabled.

Reps. WILKINS and HAYES proposed the following Amendment No. 5 (Doc. No. 1962U), which was adopted.

Amend the report by the Committee on Judiciary, as and if amended, on page 3122-5, by inserting immediately after line 3:

/Amend further in Section 44-41-34(C), page 4, line 29, by striking /five/ and inserting /fifteen/.

/Amend title to conform.

Rep. HAYES explained the amendment.

The amendment was then adopted.

AMENDMENT NO. 5--
MOTION TO RECONSIDER TABLED

Rep. GLOVER moved to reconsider the vote whereby Amendment No. 5 was adopted.

Rep. HAYES moved to table the motion to reconsider, which was agreed to by a division vote of 51 to 15.

Reps. KEYSERLING, WHITE, BURCH, GLOVER, WAITES, T. ROGERS, MOSS, MANLEY, RUDNICK and HEARN proposed the following Amendment No. 10 (Doc. No. 2185U), which was adopted.

Amend the bill, as and if amended, by striking Section 44-41-35 of the 1976 Code, as contained in SECTION 1, page 4, lines 43 through 45, and page 5, lines 1 through 6, and inserting:

/Section 44-41-35. The requirements of Sections 44-41-31, 44-41-32, and 44-41-33 do not apply when:

(1) in the judgment of the physician based on the facts of the case before him, a medical emergency exists that so complicates the pregnancy as to require an immediate abortion; or

(2) the pregnancy is the result of incest.

A physician who does not comply with these sections shall certify in writing the medical indications upon which his judgment was based./

Amend title to conform.

Rep. KEYSERLING explained the amendment.

Rep. FAIR spoke against the amendment.

Rep. J. ROGERS spoke in favor of the amendment.

Rep. HAYES moved to table the amendment.

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

Yeas 43; Nays 54

Those who voted in the affirmative are:

Baker                  Barfield               Baxley
Beasley                Brown, H.              Bruce
Carnell                Chamblee               Clyborne
Cooper                 Corbett                Corning
Derrick                Fair                   Felder
Gentry                 Hallman                Haskins
Hayes                  Hendricks              Huff
Johnson, J.C.          Johnson, J.W.          Keegan
Keesley                Littlejohn             Martin, L.
McCain                 McEachin               McGinnis
Nettles                Quinn                  Rama
Sharpe                 Simpson                Sturkie
Vaughn                 Waldrop                Wells
Wilkins                Winstead               Wofford
Wright

Total-43

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, K.             Barber                 Bennett
Blackwell              Blanding               Boan
Brown, G.              Brown, J.              Burriss, M.D.
Davenport              Elliott                Faber
Fant                   Farr                   Ferguson
Foster                 Glover                 Harvin
Harwell                Hearn                  Hodges
Jaskwhich              Kay                    Keyserling
Kirsh                  Lanford                Lockemy
Manly                  Martin, D.             Mattos
McBride                McLellan               McLeod
McTeer                 Moss                   Neilson
Nesbitt                Phillips               Rogers, J.
Rogers, T.             Rudnick                Sheheen
Short                  Smith                  Snow
Taylor                 Tucker                 Waites
Washington             Whipper                White

Total-54

So, the House refused to table the amendment.

Res. HAYES and BEASLEY spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 58; Nays 44

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, K.             Barber                 Bennett
Blackwell              Blanding               Boan
Brown, G.              Brown, J.              Burch
Burriss, M.D.          Burriss, T.M.          Corning
Davenport              Faber                  Fant
Farr                   Ferguson               Foster
Glover                 Harris, J.             Harvin
Harwell                Hearn                  Hodges
Jaskwhich              Kay                    Keyserling
Kirsh                  Lockemy                Manly
Martin, D.             Mattos                 McAbee
McBride                McLellan               McLeod
McTeer                 Moss                   Neilson
Nesbitt                Nettles                Phillips
Rogers, J.             Rogers, T.             Rudnick
Sheheen                Short                  Snow
Taylor                 Tucker                 Waites
Washington             Whipper                White
Wilkes

Total-58

Those who voted in the negative are:

Baker                  Barfield               Baxley
Beasley                Brown, H.              Bruce
Chamblee               Clyborne               Cole
Cooper                 Corbett                Derrick
Elliott                Fair                   Felder
Hallman                Haskins                Hayes
Hendricks              Huff                   Johnson, J.C.
Johnson, J.W.          Keegan                 Klapman
Lanford                Littlejohn             Martin, L.
McCain                 McEachin               McGinnis
Quinn                  Rama                   Sharpe
Simpson                Smith                  Sturkie
Townsend               Vaughn                 Waldrop
Wells                  Wilkins                Winstead
Wofford                Wright

Total-44

So, the amendment was adopted.

Rep. BLACKWELL moved that the House do now adjourn.

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

Yeas 54; Nays 39

Those who voted in the affirmative are:

Alexander, T.C.        Bailey, K.             Baker
Bennett                Blackwell              Blanding
Boan                   Brown, G.              Brown, H.
Burch                  Burriss, T.M.          Clyborne
Elliott                Faber                  Fair
Fant                   Farr                   Felder
Ferguson               Foster                 Glover
Hallman                Haskins                Kay
Keyserling             Kirsh                  Littlejohn
Manly                  Martin, L.             Mattos
McAbee                 McCain                 McEachin
McLellan               McLeod                 Nesbitt
Nettles                Rama                   Rogers, T.
Rudnick                Sharpe                 Short
Simpson                Smith                  Snow
Taylor                 Vaughn                 Waldrop
Washington             Whipper                White
Wilkes                 Wilkins                Wofford

Total-54

Those who voted in the negative are:

Alexander, M.O.        Altman                 Bailey, G.
Barber                 Barfield               Baxley
Beasley                Bruce                  Burriss, M.D.
Chamblee               Cole                   Cooper
Davenport              Derrick                Harris, J.
Harvin                 Harwell                Hayes
Hearn                  Huff                   Jaskwhich
Johnson, J.W.          Keegan                 Kohn
Lanford                Lockemy                McGinnis
McTeer                 Moss                   Neilson
Quinn                  Rogers, J.             Sheheen
Townsend               Tucker                 Waites
Wells                  Winstead               Wright

Total-39

So, the motion to adjourn was agreed to.

Further proceedings were interrupted by adjournment, the pending question being consideration of amendments.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4043 -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE TRAGIC DEATH OF THE HONORABLE GEORGE R. TINDAL, A CLARENDON COUNTY FARMER AND THE THIRD JUDICIAL CIRCUIT STATE AGRICULTURE COMMISSIONER, WHO DIED FRIDAY, MAY 12, 1989, AND TO EXTEND HEARTFELT SYMPATHY TO HIS FAMILY AND MANY FRIENDS AND ADMIRERS.

H. 4044 -- Reps. Wright, Derrick, Felder, Klapman, Koon, Sharpe, Sturkie and Quinn: A CONCURRENT RESOLUTION EXPRESSING THE SORROW AND GRIEF OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE MISS MARY R. WHITEHEAD OF IRMO.

H. 4052 -- Reps. L. Martin, Hendricks and Simpson: A CONCURRENT RESOLUTION TO COMMEND ONE OF SOUTH CAROLINA'S MOST RESPECTED CHURCH LEADERS, DR. LLOYD ELLIS BATSON OF PICKENS, UPON THE OCCASION OF HIS UPCOMING RETIREMENT AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS.

H. 4055 -- Reps. Hallman, Rama, Mappus, Holt, Limehouse, Winstead, Washington, D. Martin, D. Williams, Barber, Kohn, Whipper, J. Baxley, G. Bailey, Wofford and H. Brown: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE TRAGIC AND UNTIMELY DEATH OF FIRST LT. JAMES T. RICHARDS, JR., WHO DIED IN THE SERVICE OF HIS COUNTRY, AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 4056 -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND JAMIE MOON AT BOILING SPRINGS HIGH SCHOOL IN SPARTANBURG COUNTY FOR BEING NAMED AN "OUTSTANDING SCHOOL CITIZEN" FOR THE 1988-89 SCHOOL YEAR.

H. 4057 -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND VALERIE VANOVER AT BOILING SPRINGS HIGH SCHOOL IN SPARTANBURG COUNTY FOR BEING NAMED AN "OUTSTANDING SCHOOL CITIZEN" FOR THE 1988-89 SCHOOL YEAR.

H. 4058 - Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND NANCY MARLING, JUNIOR MARSHALL AT BOILING SPRINGS HIGH SCHOOL IN SPARTANBURG COUNTY, FOR BEING NAMED AN "OUTSTANDING SCHOOL CITIZEN" FOR THE 1988-89 SCHOOL YEAR.

H. 4059 -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND TRACY SCOTT, JUNIOR MARSHALL AT BOILING SPRINGS HIGH SCHOOL IN SPARTANBURG COUNTY, FOR BEING NAMED AN "OUTSTANDING SCHOOL CITIZEN" FOR THE 1988-89 SCHOOL YEAR.

H. 4060 -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND SHANK PARRIS OF THE SOPHOMORE CLASS AT BOILING SPRINGS HIGH SCHOOL IN SPARTANBURG COUNTY FOR BEING NAMED AN "OUTSTANDING SCHOOL CITIZEN" FOR THE 1988-89 SCHOOL YEAR.

H. 4061 - Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND KIM FLYNN OF THE SOPHOMORE CLASS AT BOILING SPRINGS HIGH SCHOOL IN SPARTANBURG COUNTY FOR BEING NAMED AN "OUTSTANDING SCHOOL CITIZEN" FOR THE 1988-89 SCHOOL YEAR.

H. 4062 - Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND CATHERINE WEAVER, SALUTATORIAN AT BOILING SPRINGS HIGH SCHOOL IN SPARTANBURG COUNTY, FOR BEING NAMED AN "OUTSTANDING SCHOOL CITIZEN" FOR THE 1988-89 SCHOOL YEAR.

H. 4063 -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND GREGORY PRUITT, VALEDICTORIAN AT BOILING SPRINGS HIGH SCHOOL IN SPARTANBURG COUNTY, FOR BEING NAMED AN "OUTSTANDING SCHOOL CITIZEN" FOR THE 1988-89 SCHOOL YEAR.

H. 4064 -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND SMELLY ELLISON OF THE JUNIOR CLASS AT BOILING SPRINGS HIGH SCHOOL IN SPARTANBURG COUNTY FOR BEING NAMED AN "OUTSTANDING SCHOOL CITIZEN" FOR THE 1988-89 SCHOOL YEAR.

H. 4065 -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND RITCHIE McSWAIN OF THE JUNIOR CLASS AT BOILING SPRINGS HIGH SCHOOL IN SPARTANBURG COUNTY FOR BEING NAMED AN "OUTSTANDING SCHOOL CITIZEN" FOR THE 1988-89 SCHOOL YEAR.

H. 4066 -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND HENRY JOLLEY OF THE SENIOR CLASS AT BOILING SPRINGS HIGH SCHOOL IN SPARTANBURG COUNTY FOR BEING NAMED AN "OUTSTANDING SCHOOL CITIZEN" FOR THE 1988-89 SCHOOL YEAR.

H. 4067 -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND MICHELLE SEAY OF THE SENIOR CLASS AT BOILING SPRINGS HIGH SCHOOL IN SPARTANBURG COUNTY FOR BEING NAMED AN "OUTSTANDING SCHOOL CITIZEN" FOR THE 1988-89 SCHOOL YEAR.

H. 4072 -- Rep. Baxley: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO DR. WILLIAM P. KENNEDY OF HARTSVILLE IN DARLINGTON COUNTY ON RECEIVING THE 1989 GEORGE P. HOFFMAN, JR., D.D.S., DISTINGUISHED DENTIST AWARD FROM THE SOUTH CAROLINA DENTAL ASSOCIATION.

ADJOURNMENT

At 4:40 P.M. the House in accordance with the motion of Rep. M.D. BURRISS adjourned in memory of Mrs. Margaret Y. Scaggs, resident of Richland County, to meet at 10:00 A.M. tomorrow.


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