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

WEDNESDAY, JANUARY 10, 1990

Wednesday, January 10, 1990
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 P.M.

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

O Lord our God, Who has abundantly blessed us under the all embracing canopy of goodness and mercy, we invoke Your continued blessings upon us as we go about the business to which we have been entrusted. Make of us Your servants with ears to hear Your guidance, eyes to see Your will, lips to speak Your truths, and hands to do Your work. Swing wide open the gate that we may see Your plans and purposes. And as we move forward, cause us to lean heavily upon Your strong right arm of support. Give us wisdom greater than our own. Spare us from policies without principle, from pleasures with purpose.

Shelter us in Your care; uphold us in Your strength. Amen.

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

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

MOTION ADOPTED

Rep. BLACKWELL moved that when the House adjourns it adjourn in honor of the birth of Rep. and Mrs. BAKER's daughter, Hillary Elizabeth, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., January 9, 1990

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has tabled:
H. 3015 -- Reps. Sturkie and Corning: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 93 SO AS TO PROVIDE FOR THE DISPOSAL AND TREATMENT OF HAZARDOUS INFECTIOUS WASTE AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Very respectfully,
President

No. 005

Received as information.

MESSAGE FROM THE SENATE

The following was received.

Columbia, S.C., January 10, 1990

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Land, Bryan and Stilwell of the Committee of Free Conference on the part of the Senate on H. 3739:
H. 3739 -- Reps. Sheheen, Huff, Rama, Felder, Smith, Hodges, G. Brown, Tucker, Wilder, Harvin, Keesley, Snow, Waites, Mappus, McCain, McEachin, McElveen, Jaskwhich, McLellan, Elliott, J.W. Johnson, Hendricks, Rhoad, McAbee, Burch, J. Bailey, Harwell, Wright, T. Rogers, R. Brown, Stoddard, McGinnis, Nettles, Lockemy, Gregory and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 4 SO AS TO PROVIDE FOR THE LEVY OF A SALES AND USE TAX IN A COUNTY AREA BY SETTING FORTH DEFINITIONS, PURPOSES, AND REQUIREMENTS FOR A REFERENDUM, COLLECTION, USES, AND DISTRIBUTION.
Very respectfully,
President

No. 076

Received as information.

S. 699--DEBATE ADJOURNED
MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., January 10, 1990

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it requests the return of S. 699:
S. 699 -- Senator Waddell: A BILL TO AMEND ARTICLE 11, CHAPTER 13 OF TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO FURTHER PROVIDE FOR ITS ORGANIZATION, STRUCTURE, PURPOSES, AND POWERS.
Very respectfully,
President

No. 016

Rep. HOLT moved to adjourn debate upon the message, which was adopted by a division vote of 17 to 9.

H. 3739--POINT OF ORDER
FREE CONFERENCE REPORT
The General Assembly, Columbia, S.C., January 9, 1990

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3739 -- Reps. Sheheen, Huff, Rama, Felder, Smith, Hodges, G. Brown, Tucker, Wilder, Harvin, Keesley, Snow, Waites, Mappus, McCain, McEachin, McElveen, Jaskwhich, McLellan, Elliott, J.W. Johnson, Hendricks, Rhoad, McAbee, Burch, J. Bailey, Harwell, Wright, T. Rogers, R. Brown, Stoddard, McGinnis, Nettles, Lockemy, Gregory and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 4 SO AS TO PROVIDE FOR THE LEVY OF A SALES AND USE TAX IN A COUNTY AREA BY SETTING FORTH DEFINITIONS, PURPOSES, AND REQUIREMENTS FOR A REFERENDUM, COLLECTION, USES, AND DISTRIBUTION.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/ SECTION 1. Title 4 of the 1976 Code is amended by adding:

"CHAPTER 10
Local Sales and Use Tax

Section 4-10-10. For purposes of this chapter:

(1) 'County area' means a county and all municipalities within its geographical boundaries.

(2) 'County' means the unincorporated areas of a county area or county government as the use of the term dictates.

(3) 'Municipality' means a municipal corporation created pursuant to Chapter 1 of Title 5 or a municipal government as the use of the term dictates.

(4) 'Minimum distribution' means an amount equal to two million dollars for the first distribution and after that adjusted annually on a cumulative basis by a percentage equal to the increase in revenues credited to the Education Improvement Act Fund for the most recently completed fiscal year over the revenues credited to that fund in the preceding fiscal year.

(5) 'Population' means population as determined in the most recent official United States Census.

Section 4-10-20. A county, upon referendum approval, may levy a sales and use tax of one percent on the gross proceeds of sales within the county area which are subject to tax under Chapter 35 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. The sale of items with a maximum tax levied in accordance with Sections 12-35-516, 12-35-518, and 12-35-519 and Article 11 of Chapter 35 of Title 12 are exempt from the local sales and use tax. The adopted rate also applies to tangible personal property subject to the use tax in Section 12-35-810. Taxpayers required to remit taxes under Section 12-35-810 shall identify the county or municipality in the county area in which tangible personal property purchased at retail is stored, used, or consumed in this State. Utilities are required to report sales in the county or municipality in which consumption of the tangible personal property occurs. A taxpayer subject to the tax imposed by Article 6, Chapter 35 of Title 12, who owns or manages rental units in more than one county or municipality shall report separately in his sales tax return the total gross proceeds from business done in each county or municipality.

Section 4-10-25. The gross proceeds of sales of tangible personal property delivered after the imposition date of the tax levied under Section 4-10-20 in a county, either under the terms of a construction contract executed before the imposition date, or a written bid submitted before the imposition date, culminating in a construction contract entered into before or after the imposition date, are exempt from the local sales and use tax provided in Section 4-10-20 if a verified copy of the contract is filed with the South Carolina Tax Commission within six months after the imposition of the local sales and use tax.

Section 4-10-30. (A) The county election commission in each county shall conduct a referendum on the Tuesday following the first Monday in November on the question of implementing the local option sales and use tax within the county area. The state election laws apply to the referendum mutatis mutandis. The county election commission shall publish the results of the referendum and certify them to the county council. The sales and use tax must not be imposed in the county area, unless a majority of the qualified electors voting in the referendum approve the question.

(B) The ballot must read substantially as follows:

'Must a one percent sales and use tax be levied in ________ County for the purpose of allowing a credit against a taxpayer's county and municipal ad valorem tax liability and for the purpose of funding county and municipal operations in the _________ County area?

Yes [ ]
No [ ]'

(C) If the question is not approved at the initial referendum, the county council may call for another referendum on the question. However, following the initial referendum, a referendum for this purpose must not be held more often than once in twelve months and must be held on the Tuesday following the first Monday in November.

(D) Two weeks before the referendum the county council and the municipal councils in the county area shall publish in a newspaper of general circulation within the jurisdiction the anticipated credit against property taxes in the first year of implementation of the property tax credit fund. The notice must show the anticipated credit on the following classes of property:

(1) a primary residence;

(2) personal property including, but not limited to, an automobile;

(3) a commercial facility;

(4) an industrial facility.

Section 4-10-35. (A) Upon petition of fifteen percent of the qualified electors of a county presented to the governing body of that county which has implemented the one percent sales and use tax authorized by this chapter requesting that this tax be rescinded, the county governing body shall conduct a referendum on the Tuesday following the first Monday in November next following on the question of rescinding the local option sales and use tax within the county area. The state election laws apply to the referendum mutatis mutandis. The county election commission shall publish the results of the referendum and certify them to the county council. The sales and use tax must be rescinded in the county area upon the certification of the results if a majority of the qualified electors voting in the referendum vote in favor of rescinding the tax.

(B) The ballot must read substantially as follows:

'Must the one percent local option sales and use tax levied in ______ County pursuant to Chapter 10, Title 4 of the 1976 Code be rescinded?

Yes [ ]
No [ ]'

(C) A referendum for rescission of this tax may not be held earlier than two years after the tax has been levied in the county. If a majority of the qualified electors voting in the rescission referendum vote against rescinding the tax, no further rescission referendums may be held for a period of two years. If a majority of the qualified electors vote in favor of rescinding the tax, the tax may not be reimposed in the county for a period of two years. The petition requesting rescission must be presented to the county governing body at least one hundred twenty days before the Tuesday following the first Monday of November of that year or the referendum must be held on the Tuesday following the first Monday of November of the following year.

Section 4-10-40. (A) The revenue allocated to the Property Tax Credit Fund, as provided in Section 4-10-90, must be distributed to the county and the municipalities in the county area as follows:

(1) sixty-seven percent to the county;

(2) thirty-three percent to the municipalities in the county area so that each municipality receives an amount equal to what its percentage of population bears to the total population in all the municipalities in the county area.

(B) All of the revenue received by a county and municipality from the Property Tax Credit Fund must be used to provide a credit against the property tax liability of taxpayers in the county and municipality in an amount determined by multiplying the appraised value of the taxpayer's taxable property by a fraction in which the numerator is the total estimated revenue received by the county or municipality from the Property Tax Credit Fund during the applicable tax year and the denominator is the total of the appraised value of taxable property in the county or municipality as of January first of the applicable taxable year.

(C) All interest accruing to the credit funds received by a county or a municipality from the Property Tax Credit Fund must be used to provide an additional credit as provided in this section.

(D) If a municipality has adopted or adopts a redevelopment plan for a tax increment financed redevelopment project pursuant to Chapter 6 of Title 31, a deficiency resulting from the application of this section in the tax allocation fund or separate fund established to pay project costs must be funded from the municipality's allocation from the County/Municipal Revenue Fund each year so as to provide full funding for the project. A tax increment financing bond holder, agent, or trustee may enforce this requirement.

Section 4-10-50. (A) The revenue generated in a county area and set aside and allocated to the County/Municipal Revenue Fund must be distributed to the county and the municipalities in the county area as follows:

(1) fifty percent based upon the location of the sale;

(2) fifty percent based on population.

(B) The population of the county is the population of the county area, and the population of the municipalities is the population within the corporate boundaries of the municipalities in the county area.

Section 4-10-60. (A) At the end of each fiscal year and before August first a percentage, to be determined by the State Treasurer and not to exceed five percent of collections, must be withheld from those county areas collecting five million dollars or more from the sales and use tax authorized by this chapter, and that amount must be distributed to assure that each county area receives a minimum distribution. The difference between the minimum distribution and the actual collections within a county area must be distributed to the eligible units within the county area based on population as provided for in this chapter.

(B) The amount withheld from those county areas collecting five million dollars or more must be apportioned among the county and the municipalities in the county area in the same proportion as those units received remittances as provided in this chapter. An amount withheld in excess must be distributed back to the county areas whose collections exceed five million dollars based on the ratio of the funds available to the collections by each county area.

(C) As a condition precedent to a county area being subject to an assessment by the State Treasurer or being a recipient of revenue pursuant to this section, the county area must have implemented the sales and use tax as authorized by this chapter.

(D) The provisions of subsection (A) do not apply if the total number of county areas adopting the sales and use tax authorized by this chapter, which are projected by the Tax Commission to collect five million dollars or more, generated fifty percent or less during the most currently available fiscal year of the total statewide collections from the levy of a one percent sales and use tax, then those county areas generating five million dollars or more must be assessed five percent of the amount generated in the county area, and that amount must be used as a supplement to those county areas generating less than the minimum distribution. The supplement to those county areas generating less than the minimum distribution must be distributed so that each county area receives an amount equal to what its percentage of population bears to the total population in all of the county areas generating less than the minimum distribution which have implemented the sales and use tax authorized by this chapter. Once the amount of the supplement has been determined for each of the county areas to be supplemented, then the supplement must be distributed to the eligible units within the county area based on population as provided for in this chapter. However, the supplement to the county area combined with collections within the county area may not exceed the minimum distribution.

Section 4-10-70. No eligible unit within a county area may receive less from the distribution of the sales and use tax authorized by this chapter than it received in the previous fiscal year. However, if the amount of collections from the sales and use tax in the county area is less than the preceding fiscal year's collections, then the distributions to the eligible units within the county area must be reduced on a proportional basis.

Section 4-10-80. Annually by August fifteenth the State Treasurer shall report to the county chief administrative officers, county treasurers, and municipal clerks in those county areas which levy the sales and use tax authorized by this chapter the total amount of revenue collected as reported by the Tax Commission in the county area for the preceding fiscal year.

Section 4-10-90. (A) The Tax Commission shall administer and collect the local sales and use tax in the manner that sales and use taxes are administered and collected pursuant to Chapter 35 of Title 12. The commission may prescribe forms and promulgate regulations in conformity with this chapter, including tables prescribing the amount to be added to the sales price. The county shall notify the Tax Commission and the State Treasurer through delivery of a certified copy of a resolution adopted by the county following the referendum within ten days of the date of the referendum for the tax to be imposed at the beginning of the next quarter. Failure to deliver the resolution within the ten days shall cause a delay of the imposition until the first day of the subsequent calendar quarter. Notwithstanding the provisions of this subsection, the local sales and use tax must not be imposed before July first following the first referendum held pursuant to Section 4-10-30.

(B) All revenues collected by the Tax Commission on behalf of a county area pursuant to this chapter must be remitted to the State Treasurer to be credited to a Local Sales and Use Tax Fund which is separate and distinct from the state general fund. After deducting the amount of refunds made and the costs to the Tax Commission of administering the tax, not to exceed one-half of one percent of the fund or seven hundred fifty thousand dollars, whichever is greater, the State Treasurer shall deposit the revenue into the Local Sales and Use Tax Fund which consists of two separate funds: the Property Tax Credit Fund and the County/Municipal Revenue Fund. The revenue collected pursuant to this chapter must be allocated to each fund as follows:

1) During the first year after the effective date of this act, sixty-three percent to the Property Tax Credit Fund and thirty-seven percent to the County/Municipal Revenue Fund.

2) During the second year after the effective date of this act, sixty-five percent to the Property Tax Credit Fund and thirty-five percent to the County/Municipal Revenue Fund.

3) During the third year after the effective date of this act, sixty-seven percent to the Property Tax Credit Fund and thirty-three percent to the County/Municipal Revenue Fund.

4) During the fourth year after the effective date of this act, sixty-nine percent to the Property Tax Credit Fund and thirty-one percent to the County/Municipal Revenue Fund.

5) During the fifth year after the effective date of this act, and each year thereafter, seventy-one percent to the Property Tax Credit Fund and twenty-nine percent to the County/Municipal Revenue Fund.

The allocation of revenue to each fund provided for in this section must remain uniform as to the percentage allocated to each fund regardless of the year in which a county adopts the local sales and use tax. The State Treasurer shall distribute monthly the revenues according to the provisions of this chapter.

(C) The Tax Commission shall furnish data to the State Treasurer and to the governing bodies of the counties and municipalities receiving revenues for the purpose of calculating distributions and estimating revenues. The information which may be supplied to counties and municipalities includes, but is not limited to, gross receipts, net taxable sales, and tax liability by taxpayers. Information by taxpayer received by appropriate county or municipal officials is considered confidential and is governed by the provisions of Section 12-54-240. A person violating this section is subject to the penalties provided in Section 12-54-240. If because of refunds by the Tax Commission or for any other reason, an overpayment is made to a county or municipality, the State Treasurer shall withhold from subsequent payments a sufficient amount to adjust for the overpayment and direct funds to the proper entity. However, all corrections of allocations from the Local Sales and Use Tax Fund must be made within the current fiscal year.

Section 4-10-100. Notwithstanding the date of general imposition of the local sales and use tax authorized pursuant to this chapter, with respect to services that are regularly billed on a monthly basis, the local sales and use tax is imposed beginning on the first day of the billing period beginning on or after the date of general imposition."

SECTION 2. Section 12-35-580 of the 1976 Code is amended by adding at the end:

"For the purposes of this section the imposition of a local option sales and use tax provided for in Chapter 10 of Title 4 must not be taken into account."

SECTION 3. (A) Of the funds appropriated in Part 1 of the 1990-91 General Appropriations Act under formula funded Aid to Counties and Municipalities, an amount not to exceed seven hundred fifty thousand dollars must be allocated to the South Carolina Tax Commission to defray the administrative start-up expenses incurred by the commission in fiscal year 1990-91 for the implementation of the local sales and use tax provided for in Chapter 10 of Title 4 of the 1976 Code and as added in Section 1 of this act. The State Treasurer shall withhold this amount from the income tax distribution with counties and municipalities sharing equally. No funds provided for in this section may be drawn upon by the commission before November, 1990. However, no funds may be drawn unless at least one favorable referendum has been conducted in which the electors of that county have approved the imposition of the tax. If the expenses are not incurred by the commission by May 31, 1991, the funds must be distributed to the counties and municipalities.

(B) The amount allocated to the commission pursuant to subsection (A) must be reimbursed by the commission from the administrative expense provided to the commission in Section 4-10-90(B) of the 1976 Code, as added in Section 1 of this act.

SECTION 4. This act takes effect upon approval by the Governor./

Amend title to conform.

John C. Land, III                 Larry E. Gentry
James E. Bryan, Jr.               William S. McCain
H. Samuel Stilwell                William D. Boan
On Part of the Senate.                 On Part of the House.

Rep. BOAN explained the Free Conference Report.

POINT OF ORDER

Rep. LIMEHOUSE raised the Point of Order that the Free Conference Report was out of order as it had not been printed in the Journal in compliance with Rule 5.15.

Rep. FELDER moved to waive Rule 5.15.

The yeas and nays were taken resulting as follows:

Yeas 65; Nays 51

Those who voted in the affirmative are:

Alexander, T.C.        Bailey, J.             Bailey, K.
Barfield               Bennett                Blanding
Boan                   Brown, G.              Brown, J.
Brown, R.              Burch                  Burriss, T.M.
Carnell                Elliott                Faber
Felder                 Foster                 Gentry
Glover                 Harris, J.             Harvin
Harwell                Hayes                  Hendricks
Hodges                 Huff                   Johnson, J.W.
Keesley                Kinon                  Klapman
Mappus                 Martin, D.             Martin, L.
McAbee                 McBride                McCain
McEachin               McElveen               McKay
McLellan               McLeod                 Nesbitt
Nettles                Phillips               Rhoad
Rogers, J.             Rogers, T.             Sheheen
Short                  Smith                  Snow
Sturkie                Tucker                 Waites
Waldrop                Washington             Whipper
White                  Wilder                 Wilkes
Wilkins                Williams, D.           Williams, J.
Winstead               Wright

Total--65

Those who voted in the negative are:

Alexander, M.O.        Altman                 Bailey, G.
Baker                  Barber                 Baxley
Blackwell              Brown, H.              Bruce
Burriss, M.D.          Chamblee               Clyborne
Cole                   Cooper                 Corbett
Cork                   Corning                Davenport
Derrick                Fair                   Fant
Farr                   Ferguson               Gordon
Hallman                Harrison               Haskins
Holt                   Jaskwhich              Johnson, J.C.
Kay                    Keegan                 Kirsh
Kohn                   Koon                   Limehouse
Littlejohn             Manly                  Mattos
McGinnis               Moss                   Neilson
Quinn                  Rama                   Rudnick
Simpson                Taylor                 Townsend
Vaughn                 Wells                  Wofford

Total--51

So, having failed to receive the necessary vote, Rule 5.15 was not waived.

The report was ordered printed in the journal by the SPEAKER.

REPORTS OF STANDING COMMITTEES

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

S. 184 -- Senators Passailaigue and Fielding: A BILL TO AMEND SECTION 7-25-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DISTRIBUTION OF CAMPAIGN LITERATURE, SO AS TO REQUIRE THAT NO PERSON MAY DISTRIBUTE CAMPAIGN LITERATURE WITHIN TWO HUNDRED FEET OF THE MAIN ENTRANCE TO THE DOOR NORMALLY USED BY THE VOTERS TO ENTER THE POLLING PLACE INSTEAD OF FROM THE BUILDING IN WHICH A POLLING PLACE IS LOCATED.

Ordered for consideration tomorrow.

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

H. 3121 -- Reps. McElveen, Hodges, Huff and Corning: A BILL TO AMEND SECTION 20-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCES IN DIVORCE JUDGMENTS, SO AS TO ESTABLISH FACTORS FOR THE FAMILY COURT TO CONSIDER IN AWARDING ALIMONY OR MAINTENANCE AND IN ORDERING PAYMENT OF COSTS AND ATTORNEY FEES AND TO DELETE THE PROVISION WHICH PROHIBITS ALIMONY IN CASES OF ADULTERY.

Ordered for consideration tomorrow.

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

H. 3774 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-170 SO AS TO AUTHORIZE A FOOD FACILITY TO DONATE FOOD TO A NONPROFIT CHARITABLE ORGANIZATION OR A FOOD BANK AND TO LIMIT CIVIL LIABILITY THAT MAY RESULT FROM AN INJURY RESULTING FROM CONSUMING DONATED FOOD, AND LIMIT THE CIVIL AND CRIMINAL LIABILITY THAT MAY ARISE BECAUSE OF A VIOLATION OF REGULATORY LAWS.

Ordered for consideration tomorrow.

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

H. 4049 -- Reps. Hayes, Nesbitt, Foster and Kirsh: A BILL TO AMEND SECTION 5-5-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF THE BALLOT IN ANY ELECTION TO DETERMINE A CHANGE OF THE FORM OF GOVERNMENT OF A MUNICIPALITY, SO AS TO REVISE THE MANNER IN WHICH THE BALLOT IS EXECUTED.

Ordered for consideration tomorrow.

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

H. 3384 -- Reps. Neilson, G. Bailey, Lockemy, Harwell, McKay, Phillips, Farr, Littlejohn, Moss, Glover, Fant, Wells, Cole, McCain and J. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-222 SO AS TO REQUIRE THE SELLER TO GIVE WRITTEN NOTICE TO THE PURCHASER OF REAL PROPERTY CLASSIFIED AS "AGRICULTURAL REAL PROPERTY" FOR PURPOSES OF AD VALOREM TAXATION THAT THE PROPERTY MAY BE SUBJECT TO THE ROLLBACK TAX; AND TO AMEND SECTION 12-45-70, RELATING TO THE DUE DATES FOR THE PAYMENT OF AD VALOREM TAXES, SO AS TO REQUIRE TAX NOTICES SENT TO THE OWNER OF AGRICULTURAL REAL PROPERTY TO CONTAIN A STATEMENT GIVING NOTICE OF THE PROPERTY BEING SUBJECT TO THE ROLLBACK TAX WHEN THE PROPERTY'S USE IS CHANGED AND TO REQUIRE A SELLER TO GIVE NOTICE IN WRITING TO A PURCHASER BEFORE CLOSING THE TRANSACTION OF THE ROLLBACK TAXES.

Ordered for consideration tomorrow.

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

H. 3229 -- Rep. Hodges: A BILL TO PROVIDE THAT NO CAUSE OF ACTION EXISTS AGAINST A LICENSED HEALTH CARE PROVIDER, ANY OF ITS EMPLOYEES, A LICENSED PHYSICIAN, OR A LICENSED NURSE FOR THE FAILURE TO OBTAIN SPOUSAL CONSENT TO A PROCEDURE WHICH WOULD RENDER AN INDIVIDUAL UNABLE TO CONCEIVE CHILDREN, TO PROVIDE FOR THE REQUIREMENT THAT THE PROCEDURE BE PERFORMED WITH INFORMED CONSENT, AND TO PROVIDE FOR THE RESPONSIBILITY TO EXERCISE A REASONABLE DEGREE OF MEDICAL CARE.

Ordered for consideration tomorrow.

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

H. 3744 -- Reps. Short and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-7-120 SO AS TO PROVIDE THAT NOTWITHSTANDING A CONTRACT PROVISION REQUIRING AN ACTION ARISING UNDER THE CONTRACT TO BE BROUGHT IN A LOCATION OTHER THAN AS PROVIDED BY THE APPLICABLE LAWS AND COURT RULES OF THIS STATE, THE ACTION MAY BE BROUGHT AS PROVIDED IN THE APPLICABLE LAWS AND COURT RULES OF THIS STATE FOR SIMILAR CAUSES OF ACTION AND TO MAKE UNENFORCEABLE AN ARBITRATION AGREEMENT PROVISION REQUIRING ARBITRATION PROCEEDINGS OUTSIDE THIS STATE WITH RESPECT TO AN ACTION WHICH, BUT FOR THE AGREEMENT, IS TRIABLE IN THIS STATE AND TO PROVIDE FOR THE ENFORCEABILITY OF THE OTHER PROVISIONS OF THE ARBITRATION AGREEMENT AND THE METHOD OF SELECTING A FORUM FOR ARBITRATION PROCEEDINGS.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, and Rep. KIRSH, for the minority, submitted an unfavorable report on:

H. 3434 -- Rep. Littlejohn: A BILL TO AMEND SECTION 12-23-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF LICENSE TAXES, SO AS TO EXEMPT ELECTRIC POWER OR ENERGY GENERATED BY A FACILITY WHERE THE PRIMARY ENERGY SOURCE IS DERIVED FROM CERTAIN RESOURCES AND UNDER CERTAIN CONDITIONS OR THE FACILITY GENERATING THE ELECTRIC POWER OR ENERGY QUALIFIES UNDER THE PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978 (P.L. 95-617).

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:

H. 3852 -- Rep. McLellan: A BILL TO AMEND SECTIONS 8-11-720 AND 8-11-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEAVE-TRANSFER PROGRAM, SO AS TO PROVIDE THE AMOUNT OF LEAVE AN EMPLOYEE MAY DONATE IN ONE YEAR AND TO PROVIDE THAT APPROVAL BY THE BUDGET AND CONTROL BOARD OR ITS DESIGNEE IS FINAL.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

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

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 3975 -- Rep. McAbee: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE GOVERNING BODY OF A COUNTY, SO AS TO AUTHORIZE THE GOVERNING BODY TO FINANCE REDEVELOPMENT PROJECTS BY MEANS OF TAX-INCREMENT FINANCING.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

S. 536 -- Senators Lourie, Nell W. Smith, Leventis, Giese, Land, Fielding, Mitchell, Horace C. Smith, Saleeby, Pope, Setzler, Hinson, J. Verne Smith, Courson, Drummond, Rose and Passailaigue: A BILL TO AMEND SECTION 8-11-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTIFICATION OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION AND THE RECRUITMENT SECTION, DIVISION OF HUMAN RESOURCE MANAGEMENT OF THE BUDGET AND CONTROL BOARD, OF JOB VACANCIES IN STATE GOVERNMENT OFFICES, AGENCIES, DEPARTMENTS, DIVISIONS, AND OTHER BRANCHES SO AS TO PROVIDE THAT NOTIFICATION OF VACANCIES IN CLASSIFIED POSITIONS MUST BE REPORTED AT LEAST SEVEN WORKING DAYS PRIOR TO HOLDING INTERVIEWS TO FILL THE POSITIONS AND TO FURTHER PROVIDE FOR THE INFORMATION WHICH MUST BE CONTAINED IN SUCH NOTIFICATION.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:

S. 562 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE TAX COMMISSION, RELATING TO PROPERTY TAX, GENERAL REQUIREMENTS FOR RATIO STUDY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1002, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:

S. 563 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE TAX COMMISSION, RELATING TO PROPERTY TAX MAPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1022, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:

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

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:

S. 574 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 11-1-70 AND 11-9-660, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTMENT OF FUNDS OF THE STATE AND ITS POLITICAL SUBDIVISIONS, SO AS TO AUTHORIZE THEIR INVESTMENT IN SECURITIES ISSUED BY THE AFRICAN DEVELOPMENT BANK.

Ordered for consideration tomorrow.

REPORT OF STANDING COMMITTEE

Rep. WHITE, from the Beaufort Delegation, submitted a favorable report, with amendments, on:

H. 4197 -- Rep. White: A BILL TO AMEND ACT 589 OF 1986, RELATING TO THE BOARD OF EDUCATION OF BEAUFORT COUNTY, SO AS TO PROVIDE FOR A SPECIAL ELECTION TO FILL A VACANCY WHENEVER THE REMAINDER OF THE TERM EXCEEDS TWENTY-SIX MONTHS.

H. 4197--AMENDED AND ORDERED TO THIRD READING

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

H. 4197 -- Rep. White: A BILL TO AMEND ACT 589 OF 1986, RELATING TO THE BOARD OF EDUCATION OF BEAUFORT COUNTY, SO AS TO PROVIDE FOR A SPECIAL ELECTION TO FILL A VACANCY WHENEVER THE REMAINDER OF THE TERM EXCEEDS TWENTY-SIX MONTHS.

Rep. WHITE proposed the following Amendment No. 1 (Doc. No. 0443O), which was adopted.

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

/SECTION     1.     Section 1 of Act 589 of 1986 is amended to read:

"Section     1.     (A)     The members of the Board of Education of Beaufort County (hereafter called the board) must be elected in nonpartisan elections in the general election and shall serve terms of four years and until their successors are elected and qualify. The term of a member commences on January first next following his election. If a vacancy occurs and the remainder of the term exceeds twenty-six months, the office must be filled at the next general election. If the unexpired term is less than twenty-six months, the office must be filled by appointment by the Governor upon the recommendation of a majority of the legislative delegation representing Beaufort County.

(B)     Notice of the general election must be published by the Beaufort County Election Commission in a newspaper of general circulation in the districts from which members of the board are elected, and the notice shall must contain appropriate information concerning the election. The notice must be published not earlier than one hundred fifty days, and not later than one hundred twenty days, before the date of the election.

(1)     To have his name placed on the ballot as a candidate in the general election, a person shall submit to the county election commission a petition which, notwithstanding the provisions of Section 7-11-70 of the 1976 Code, shall must contain the signatures of at least two and one-half percent of the qualified registered electors of the district.

(2)     The name of the candidate, if he is otherwise qualified, must be placed upon the ballot by the authority charged by law with preparing the ballot if the petition is submitted, as required by this section, not later than twelve o'clock noon on August first immediately preceding the date of the election or, if August first falls on Sunday, not later than twelve o'clock noon on the following Monday. The Beaufort County Board of Voter Registration shall check the petition at the request of the authority charged with preparing the ballot and shall certify the results to that authority not later than twelve o'clock noon on September first immediately preceding the date of the election or, if September first falls on Sunday, not later than twelve o'clock noon on the following Monday. Once submitted for verification, the petition may not be returned to the petitioner but must be retained by the authority to whom it was submitted and must become becomes a part of the public records of the election for which it was submitted.

(C)     If a vacancy occurs on the board and the unexpired term is twelve months or less, the office must be filled by appointment by the Governor upon the recommendation of a majority of the legislative delegation representing Beaufort County. If the unexpired term is more than twelve months, a special election must be conducted to fill the vacancy. The board, by the second Tuesday after the vacancy occurs, shall notify the Beaufort County Election Commission of the vacancy. Notice of the special election must be published by the Beaufort County Election Commission in a newspaper of general circulation in the district from which the vacancy is to be filled and the notice must contain appropriate information concerning the election. The notice must be published not later than the third Tuesday after the vacancy occurs. To have his name placed on the ballot as a candidate in the special election, a person shall submit to the county election commission a petition which, notwithstanding the provisions of Section 7-11-70 of the 1976 Code, must contain the signatures of at least two and one-half percent of the qualified registered electors of the district. The name of the candidate, if he is otherwise qualified, must be placed upon the special election ballot if the petition is submitted not later than twelve o'clock noon on the ninth Tuesday after the vacancy occurs. The Beaufort County Board of Voter Registration shall check the petition at the request of the authority charged with preparing the ballot and certify the results to that authority not later than twelve o'clock noon on the eleventh Tuesday after the vacancy occurs. Once submitted for verification, the petition may not be returned to the petitioner but must become a part of the public record of the special election. The special election must be set for the eighteenth Tuesday after the vacancy occurs. If any of the days dealing with the special election falls on a holiday, then the required date is set as the next normal working day. If a vacancy occurs in more than one office requiring separate special elections to be held within twenty-eight days under the provisions of this act, the authority responsible for the conduct of the special election shall conduct all of the special elections on the same date. The special elections must be held on the latest date required for a special election during the twenty-eight day period."

SECTION     2.     The provisions of this act apply to a vacancy existing on or after the effective date of this act.

SECTION     3.     This act takes effect upon approval by the Governor./

Amend title to conform.

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

H. 4197--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. WHITE, with unanimous consent, it was ordered that H. 4197 be read the third time tomorrow.

HOUSE RESOLUTION

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

H. 4303 -- Rep. Waites: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA JAYCEES TO USE THE HALL OF THE HOUSE OF REPRESENTATIVES ON SATURDAY AND SUNDAY, JANUARY 27 AND 28, 1990, AND TO ARRANGE FOR ASSISTANCE AND ACCESS BY THE STATE HOUSE SECURITY FORCES.

Be it resolved by the House of Representatives:

That the South Carolina Jaycees are authorized to use the Hall of the House of Representatives on Saturday and Sunday, January 27 and 28, 1990, if the House is not in statewide session on those days, for the purpose of involving the Jaycees in the legislative process and for the purpose of conducting a model legislature.

Be it further resolved that the State House security forces provide assistance and access necessary for this meeting in accordance with previous procedures.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4304 -- Reps. Rudnick, Kinon, 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, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Sheheen, Short, Simpson, 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 HOUSE RESOLUTION COMMENDING AND THANKING ALL OF THE EMPLOYEES OF THE HOUSE OF REPRESENTATIVES FOR THEIR DEDICATED HARD WORK DURING 1989 AND FOR THEIR CONTINUING EFFORTS ON BEHALF OF THE HOUSE IN 1990.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4305 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Sheheen, Short, Simpson, 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 HOUSE RESOLUTION COMMENDING AND THANKING THE STAFF OF WORD PROCESSING OF THE HOUSE OF REPRESENTATIVES FOR THEIR EXCELLENT WORK IN 1989 AND FOR THEIR CONTINUING EFFORTS ON BEHALF OF THE MEMBERS IN 1990.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4306 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Sheheen, Short, Simpson, 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 HOUSE RESOLUTION COMMENDING AND THANKING THE LEGISLATIVE COUNCIL FOR THEIR DEDICATED HARD WORK DURING 1989 AND FOR THEIR CONTINUING EFFORTS ON BEHALF OF THE HOUSE IN 1990.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4307 -- Reps. Rudnick, Kinon, 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, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Sheheen, Short, Simpson, 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 HOUSE RESOLUTION COMMENDING AND THANKING THE CLERK OF THE HOUSE OF REPRESENTATIVES AND THE HOUSE'S DESK STAFF FOR THEIR EXCELLENT WORK AND LOYALTY DURING 1989 AND FOR THEIR CONTINUING DEDICATION ON BEHALF OF THE HOUSE IN 1990.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4308 -- Reps. Rudnick, Kinon, 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, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Sheheen, Short, Simpson, 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 HOUSE RESOLUTION COMMENDING AND THANKING THE ACCOUNTING STAFF OF THE HOUSE OF REPRESENTATIVES FOR THE OUTSTANDING WORK THEY RENDERED IN 1989 AND FOR THEIR CONTINUING EFFORTS ON BEHALF OF THE HOUSE IN 1990.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 4309 -- Rep. Huff: A HOUSE RESOLUTION INVITING THE STATE CLASS AAAA CHAMPION NORTH AUGUSTA HIGH SCHOOL YELLOW JACKETS FOOTBALL TEAM AND ITS COACHES TO VISIT AND BE COMMENDED FOR THEIR ACCOMPLISHMENTS IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 11:00 A.M. ON THURSDAY, JANUARY 25, 1990.

Be it resolved by the House of Representatives:

That the North Augusta High School Yellow Jackets football team and its coaches are invited to visit in the Hall of the House of Representatives at 11:00 a.m. on Thursday, January 25, 1990, and be commended for their accomplishments as the 1989 State Class AAAA football champion.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4310 -- Rep. J. Rogers: A CONCURRENT RESOLUTION TO EXPRESS TO THE FAMILY AND FRIENDS OF DR. KATHRYN L. HINNANT, WHO WAS SENSELESSLY MURDERED AT BELLEVUE HOSPITAL IN NEW YORK CITY ON JANUARY 7, 1989, THE RESPECT OF THE GENERAL ASSEMBLY FOR HER, FOR HER WORK, AND FOR HER MEMORY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4311 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Sheheen, Short, Simpson, 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 EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MISS INEZ WATSON OF COLUMBIA, FORMER CLERK OF THE HOUSE OF REPRESENTATIVES, AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4312 -- Reps. Clyborne, D. Martin, White and McGinnis: A CONCURRENT RESOLUTION TO EXPRESS TO MS. SHEILA MCMILLAN OF COLUMBIA THE VERY BEST WISHES OF THE GENERAL ASSEMBLY FOR A QUICK AND COMPLETE RECOVERY FROM THE INJURIES SHE RECEIVED IN A RECENT AUTOMOBILE ACCIDENT.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4313 -- Reps. T.C. Alexander and McLellan: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF SPECIALIST PHILLIP SCOTT LEAR OF WESTMINSTER WHO WAS KILLED DURING COMBAT IN THE INVASION OF PANAMA BY AMERICAN MILITARY FORCES.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4314 -- Reps. P. Harris, Blackwell and Waldrop: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS EITHER TO REDUCE SOUTH CAROLINA MEDICARE PREMIUMS OR TO EQUALIZE BENEFITS TO PERSONS ACROSS THE NATION AND TO PROTECT MEDICARE IN ITS BUDGET DELIBERATIONS FOR FISCAL YEAR 1991.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4315 -- Reps. P. Harris, Blackwell and Waldrop: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO ALLOW EACH STATE TO REGULATE THE PAYBACK OF UTILITY TAXES.

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

CONCURRENT RESOLUTION

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

H. 4316 -- Reps. Wilder and Baxley: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 28, 1990, AS "HANDICAPPED CHILDREN'S DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR HANDICAPPED CHILDREN" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 28, 1990, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

Whereas, the Easter Seal Society has again embarked upon its most worthwhile project to raise funds for children with disabilities, culminating in the thirty-eighth annual "B.A.C.-Coffee Day for Handicapped Children" in South Carolina on Good Friday, April 13, 1990; and

Whereas, under the statewide leadership of Heyward E. McDonald, State Easter Seal President, and Allen P. Corbett, State Campaign Chairman, ably assisted by Capt. William C. Dees, State President, Lt. Col. Alton T. Morris, "B.A.C." Project Chairman, and John L. Caudle, II, Executive Director, all from the South Carolina Law Enforcement Officers' Association, and Joseph W. Polinski, Executive Director, Harold L. Corley, "B.A.C." Project Chairman, and C. Scotty Langham, Jr., President, from the South Carolina Restaurant Association, this program is destined to raise thousands of dollars to aid our very deserving children and assist them in overcoming their disabilities; and

Whereas, the "B.A.C." buttons go on sale on Friday, March 30, 1990; and

Whereas, the "B.A.C." project and all other programs of the Easter Seal Society deserve the support, merit, and praise of all the citizens of the State. Now, therefore,

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

That Wednesday, March 28, 1990, is designated "Handicapped Children's Day" in South Carolina and that Joseph Shell Allen, son of Mr. and Mrs. Randy Allen of Georgetown County; Hollie Leigh Bottoms, daughter of Mr. and Mrs. Chris Bottoms of Oconee County; Ashley Elliot, daughter of Mr. and Mrs. Teddy Elliot of Kershaw County; Broderick Gibbs, son of Mr. and Mrs. Fredrick Gibbs of Richland County; and Bryant Shelley, son of Mr. and Mrs. Allen Shelley of Charleston County, who have been chosen to serve as State Easter Seal Representatives to represent all of our citizens with disabilities, be presented to the General Assembly, along with their parents, in a joint session in the Hall of the House of Representatives on Wednesday, March 28, 1990.

Be it further resolved that the General Assembly extends to the Easter Seal Society and its many dedicated supporters its sincere wishes for continued success in its many constructive and compassionate programs on behalf of persons with disabilities.

Be it further resolved that a copy of this resolution be forwarded to Herman L. Shealy, Jr., Executive Director of the Easter Seal Society, for distribution to the state chairmen of the various phases of the Easter Seal campaign and the "B.A.C." project, as well as to the State Easter Seal Representatives themselves.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4317 -- Spartanburg Delegation: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED SERVICE OF THE HONORABLE E. LEWIS MILLER AS MAYOR OF SPARTANBURG.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4318 -- Rep. Davenport: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILIES OF THE BRAVE PATRIOTS FROM SOUTH CAROLINA WHO LOST THEIR LIVES IN THE SERVICE TO THE UNITED STATES IN THE RECENT INVASION OF THE REPUBLIC OF PANAMA.

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

CONCURRENT RESOLUTION

Rep. DAVENPORT asked unanimous consent to introduce the following resolution.

Rep. BLANDING objected.

H. 4319 -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND REPRESENTATIVE MIKE FAIR, A MEMBER OF THE BOARD OF TRUSTEES OF THE UNIVERSITY OF SOUTH CAROLINA, FOR HIS COURAGEOUS ATTEMPT TO ELIMINATE OVERNIGHT, OPPOSITE SEX VISITATION BY UNMARRIED PERSONS IN STUDENT HOUSING FACILITIES AT THE UNIVERSITY OF SOUTH CAROLINA.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4320 -- Rep. Davenport: A CONCURRENT RESOLUTION TO EXPRESS THE WISHES OF THE GENERAL ASSEMBLY THAT EASTERN AIRLINES BE RESTORED TO ITS FULL OPERATIONS IN THIS STATE.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4321 -- Reps. Rudnick, Klapman, Kinon, 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, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kirsh, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Sheheen, Short, Simpson, 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 EXPRESSING APPRECIATION TO THE HONORABLE EDGAR L. MCGOWAN FOR HIS NINETEEN YEARS OF OUTSTANDING SERVICE AS COMMISSIONER OF LABOR AND WISHING HIM HAPPINESS IN HIS NEW ENDEAVORS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4322 -- Reps. Rudnick, Kinon, 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, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Sheheen, Short, Simpson, 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 EXPRESSING THE SORROW OF THE MEMBERS OF BOTH HOUSES OF THE GENERAL ASSEMBLY AT THE DEATH OF HARRY M. COKER OF RICHLAND COUNTY, DISTINGUISHED SERGEANT-AT-ARMS OF THE SENATE, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4323 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Sheheen, Short, Simpson, 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 EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. JULIA BURK BATES OF COLUMBIA AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4324 -- Aiken Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE JOHN L. HIXON OF AIKEN COUNTY, FORMER MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, AND EXTENDING 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. 4325 -- Aiken Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE CLYDE F. STROM OF AIKEN COUNTY, FORMER MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, AND EXTENDING 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. 4326 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Sheheen, Short, Simpson, 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 EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF CHARLES THOMAS MARSH OF AIKEN COUNTY AND EXTENDING 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. 4327 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Sheheen, Short, Simpson, 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 EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. JOHN G. LYON OF AIKEN COUNTY AND EXTENDING 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. 4328 -- Rep. Taylor: A CONCURRENT RESOLUTION TO COMMEND GENE'-GAP, INC., AN AIKEN BASED CORPORATION, FOR ORIGINATING AND IMPLEMENTING THE CONCEPT OF INTERGENERATIONAL DAY CARE WHERE OLDER ADULTS AND CHILDREN CAN INTERACT WITH EACH OTHER.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4329 -- Rep. Taylor: A CONCURRENT RESOLUTION TO CONGRATULATE MR. AND MRS. BERNARD D. SPRY OF COLUMBIA UPON THE OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4330 -- Reps. O. Phillips, Carnell, Nesbitt, Moss and L. Martin: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS TO ENACT WITHOUT DELAY APPROPRIATE LEGISLATION WHICH WOULD LIMIT THE AMOUNT OF TEXTILE AND APPAREL IMPORTS INTO THE UNITED STATES.

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

CONCURRENT RESOLUTION

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

H. 4331 -- Reps. Harvin, Klapman and Taylor: A CONCURRENT RESOLUTION TO FIX 2:00 P.M., ON WEDNESDAY, JANUARY 17, 1990, AS THE TIME FOR A JOINT SESSION OF THE GENERAL ASSEMBLY FOR THE PURPOSE OF COMMEMORATING THE UNITED STATES CONSTITUTION BICENTENNIAL ERA IN SOUTH CAROLINA.

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

That the House of Representatives and the Senate meet in joint assembly in the Hall of the House of Representatives at 2:00 p.m., Wednesday, January 17, 1990, for the purpose of commemorating the United States Constitution Bicentennial Era in South Carolina.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4332 -- Rep. Bruce: A CONCURRENT RESOLUTION TO COMMEND THE FUTURE HOMEMAKERS OF AMERICA CLUB OF CHAPMAN HIGH SCHOOL OF INMAN IN SPARTANBURG COUNTY FOR THE OUTSTANDING RECORD IT HAS ACHIEVED.

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

HOUSE RESOLUTION

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

H. 4333 -- Rep. Wilkes: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION TO USE THE CHAMBER OF THE HOUSE OF REPRESENTATIVES FOR A MEETING ON MONDAY, JANUARY 22, 1990, FROM 9:00 A.M. TO 1:00 P.M.

Be it resolved by the House of Representatives:

That the South Carolina Independent Schools Association is authorized to use the chamber of the House of Representatives for a meeting on Monday, January 22, 1990, from 9:00 a.m. to 1:00 p.m.

Be it further resolved that the State House security forces provide assistance and access as necessary for the meeting in accordance with previous procedures.

Be it further resolved that the South Carolina Independent Schools Association agrees in writing to reimburse the Division of General Services for any expenses incurred that are beyond the normal operational expenses of maintaining the House chamber on that date and time.

Be it further resolved that the authorization for the use of the House chamber is subject to cancellation if the House is in regular statewide session on Monday, January 22, 1990, between the hours of 9:00 a.m. and 1:00 p.m.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 870 -- Transportation Committee: A CONCURRENT RESOLUTION RECOGNIZING THE SOUTH CAROLINA FIVE-YEAR PUBLIC TRANSPORTATION DEVELOPMENT PLAN AND THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION'S CONTINUING COMMITMENT TO DEVELOP AND IMPLEMENT A GENERAL PUBLIC TRANSPORTATION PLAN AND POLICY FOR THE STATE SO AS TO ENCOURAGE THE EFFICIENT DEVELOPMENT, IMPLEMENTATION, OPERATION, EVALUATION AND MONITORING OF PUBLIC TRANSPORTATION SYSTEMS.

The Concurrent Resolution was ordered referred to the Committee on Education and Public Works.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 993 -- Senators Martschink, Drummond, Giese, Hayes, Hinds, Lee, Leventis, Lindsay, Macaulay, Moore, Patterson, Rose, Russell, Shealy, J. Verne Smith, Stilwell and Wilson: A CONCURRENT RESOLUTION COMMENDING THE NATIONAL GUARD OF SOUTH CAROLINA FOR EXEMPLARY SERVICE IN CONNECTION WITH THE DIFFICULTIES POSED BY HURRICANE HUGO, SEPTEMBER 21-22, 1989, AND THE AFTERMATH.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 994 -- Senators Martschink, Drummond, Giese, Hayes, Hinds, Lee, Leventis, Lindsay, Macaulay, Moore, Peeler, Rose, Russell, Shealy, J. Verne Smith, Stilwell and Wilson: A CONCURRENT RESOLUTION COMMENDING THE CITIZENS OF THE STATE OF SOUTH CAROLINA FOR THEIR BRAVERY, PATIENCE, FORTITUDE, AND GENEROSITY IN CONNECTION WITH HURRICANE HUGO, SEPTEMBER 21-22, 1989, AND THE AFTERMATH.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 995 -- Senators Martschink, Drummond, Giese, Hayes, Hinds, Hinson, Lee, Leventis, Lindsay, Macaulay, McConnell, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Peeler, Rose, Russell, Saleeby, Shealy, J. Verne Smith, Stilwell and Wilson: A CONCURRENT RESOLUTION THANKING THE INDIVIDUALS, BUSINESSES, AND OTHERS WHO CAME TO THE AID OF SO MANY SOUTH CAROLINIANS WHO WERE ADVERSELY AFFECTED BY HURRICANE HUGO.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 996 -- Senator Martschink: A CONCURRENT RESOLUTION COMMENDING RADIO STATION WPDQ OF JACKSONVILLE, FLORIDA, FOR ITS OUTSTANDING PUBLIC SERVICE TO RESIDENTS OF THE SOUTH CAROLINA LOWCOUNTRY DURING AND AFTER HURRICANE HUGO IN SEPTEMBER, 1989.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 997 -- Senator Shealy: A CONCURRENT RESOLUTION CONGRATULATING THE LEXINGTON HIGH SCHOOL MARCHING BAND AND BAND DIRECTOR DAN WARD UPON WINNING THE STATE 5A CHAMPIONSHIP.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 998 -- Senator Rose: A CONCURRENT RESOLUTION TO THANK AND COMMEND DR. ERBERT F. CICENIA UPON HIS RETIREMENT FROM THE SOUTH CAROLINA DEPARTMENT OF MENTAL RETARDATION FOR HIS DEDICATED SERVICE TO THE DEPARTMENT AND TO THE PEOPLE OF SOUTH CAROLINA, AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 999 -- Senators Rose and Martschink: A CONCURRENT RESOLUTION TO THANK AND COMMEND MAYOR BERLIN G. MYERS FOR HIS MANY YEARS OF CONTINUED SERVICE TO THE TOWN OF SUMMERVILLE, SOUTH CAROLINA, AND ITS CITIZENS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1002 -- Senators Lourie and Matthews: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE T. M. "BABE" NELSON OF CALHOUN COUNTY, FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES AND FORMER MEMBER AND CHAIRMAN OF THE STATE WORKERS' COMPENSATION COMMISSION, AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND HIS MANY FRIENDS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1003 -- Senator Macaulay: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF SPECIALIST PHILLIP SCOTT LEAR OF WESTMINSTER WHO WAS KILLED DURING COMBAT IN THE INVASION OF PANAMA BY AMERICAN MILITARY FORCES.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1004 -- Senator Macaulay: A CONCURRENT RESOLUTION TO RECOGNIZE MR. CHARLES KNIGHT THOMPSON OF WALHALLA IN OCONEE COUNTY UPON BEING NAMED THE 1989 AMERICAN TRUCKING ASSOCIATION'S TRUCK DRIVER OF THE YEAR.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1005 -- Senators McConnell, Fielding, Martschink, McLeod and Passailaigue: A CONCURRENT RESOLUTION THANKING SOUTH CAROLINA ELECTRIC & GAS COMPANY AND ITS OUTSTANDING EMPLOYEES FOR STANDING BY THE CHARLESTON COMMUNITY SO FAITHFULLY DURING HURRICANE HUGO.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1006 -- Senators McConnell, Fielding, Martschink, McLeod and Passailaigue: A CONCURRENT RESOLUTION EXPRESSING GRATITUDE TO SOUTHERN BELL TELEPHONE & TELEGRAPH COMPANY AND ITS EXCELLENT EMPLOYEES FOR STANDING BY THE CHARLESTON COMMUNITY SO FAITHFULLY DURING HURRICANE HUGO.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1007 -- Senator Moore: A CONCURRENT RESOLUTION TO CONGRATULATE RYGHT JORDAN OF AIKEN COUNTY ON WINNING THE NATIONAL JUNIOR OLYMPIC CHAMPIONSHIP IN THE LONG JUMP AT THE NATIONAL MEET HELD AT SPOKANE, WASHINGTON.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1008 -- Senator Pope: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF LARKIN HAMILTON JENNINGS, JR., OF UNION, AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND FRIENDS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1009 -- Senators Russell, Lee and Horace C. Smith: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED SERVICE OF SPARTANBURG MAYOR E. LEWIS MILLER.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1010 -- Senator Pope: A CONCURRENT RESOLUTION TO ACKNOWLEDGE THE ACHIEVEMENT OF HOWARD J. BREWINGTON OF NEWBERRY FOR DISCOVERING A COMET.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1011 -- Senators Setzler, Shealy and Wilson: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. DEE DEE CHEWNING OF GILBERT IN LEXINGTON COUNTY UPON BEING NAMED THE 1989 SOUTH CAROLINA SCHOOL HEALTH NURSE OF THE YEAR.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1012 -- Senators Shealy, Wilson and Setzler: A CONCURRENT RESOLUTION CONGRATULATING LEXINGTON MIDDLE SCHOOL'S ACADEMIC TEAM UPON PLACING FIRST IN THE NATION BY WINNING THE FALL 1989 KNOWLEDGE MASTER OPEN.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1013 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO COMMEND DR. JOSEPHINE YOUNG (JO) SULLIVAN, OF GREENVILLE COUNTY, FOR HER OUTSTANDING ATHLETIC ABILITY AND FOR THE MANY VICTORIES AND AWARDS SHE HAS GARNERED IN THE NATIONAL MASTERS TRACK AND FIELD EVENTS AND IN THE NATIONAL SENIOR OLYMPICS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1014 -- Senators McLeod, Lourie and Nell W. Smith: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS EITHER TO REDUCE SOUTH CAROLINA MEDICARE PREMIUMS OR TO EQUALIZE BENEFITS TO PERSONS ACROSS THE NATION AND TO PROTECT MEDICARE IN ITS BUDGET DELIBERATIONS FOR FISCAL YEAR 1991.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1015 -- Senators Holland, Moore, Matthews, Wilson, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, McConnell, McGill, McLeod, Mitchell, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell and Williams: A CONCURRENT RESOLUTION TO EXPRESS TO MS. SHEILA MCMILLAN OF COLUMBIA THE VERY BEST WISHES OF THE GENERAL ASSEMBLY FOR A QUICK AND COMPLETE RECOVERY FROM THE INJURIES SHE RECEIVED IN A RECENT AUTOMOBILE ACCIDENT.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1016 -- Senators Fielding, Helmly, Martschink, Matthews, McConnell, McLeod, Passailaigue, Rose, Bryan, Courson, Drummond, Giese, Gilbert, Hayes, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, McGill, Mitchell, Moore, Mullinax, O'Dell, Patterson, Peeler, Pope, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION COMMENDING CHARLESTON MAYOR JOSEPH P. RILEY, JR., FOR THE SUPERB LEADERSHIP HE HAS PROVIDED TO THE CITY OF CHARLESTON THROUGHOUT THE TRAGEDY OF HURRICANE HUGO.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1017 -- Senators Williams, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF HARRY M. COKER OF RICHLAND COUNTY, SERGEANT-AT-ARMS OF THE STATE SENATE, AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND HIS MANY FRIENDS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1018 -- Senators Rose, Courson, Drummond, Giese, Gilbert, Helmly, Hinson, Leatherman, Lee, Leventis, Long, Macaulay, McGill, McLeod, O'Dell, Peeler, Russell, Shealy, Stilwell, Thomas, Wilson, Bryan, Fielding, Hayes, Hinds, Holland, Land, Lindsay, Lourie, Martin, Martschink, Matthews, McConnell, Mitchell, Moore, Mullinax, Passailaigue, Patterson, Pope, Saleeby, Setzler, Horace C. Smith, J. Verne Smith, Nell W. Smith, Waddell and Williams: A CONCURRENT RESOLUTION TO COMMEND GOVERNOR CARROLL A. CAMPBELL, JR., FOR HIS OUTSTANDING PERSONAL LEADERSHIP OF OUR STATE DURING THE HURRICANE HUGO DISASTER.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1019 -- Senators Williams, Waddell, Lindsay and Martin: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, CARROLL A. CAMPBELL, JR., GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 17, 1990.

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

That His Excellency, Carroll A. Campbell, Jr., Governor of the State of South Carolina, is invited to address the General Assembly in joint session at 7:00 p.m. on Wednesday, January 17, 1990, in the Hall of the House of Representatives.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1050 -- Senator McLeod: A CONCURRENT RESOLUTION TO CONGRATULATE MR. AND MRS. JOHN MOUZON SMOAK, SR., OF ROUND O COMMUNITY IN COLLETON COUNTY, UPON THE OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1051 -- Senators Courson, Patterson, Giese and Lourie: A CONCURRENT RESOLUTION TO COMMEND TERRELL L. GLENN, SR., ESQUIRE, OF RICHLAND COUNTY, FOR HIS GREAT PUBLIC SPIRIT IN SERVING AS A BOARD MEMBER OF THE SOUTH CAROLINA ARTS FOUNDATION.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1052 -- Senators Courson, Patterson, Giese and Lourie: A CONCURRENT RESOLUTION TO COMMEND WILLIAM N. GEIGER, JR., OF RICHLAND COUNTY, FOR HIS GREAT PUBLIC SPIRIT IN SERVING AS A BOARD MEMBER OF THE SOUTH CAROLINA ARTS FOUNDATION.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1053 -- Senators Courson, Hayes, Peeler and Hinson: A CONCURRENT RESOLUTION TO COMMEND STEVE MCCRAE, JR., ESQUIRE, OF YORK COUNTY, FOR HIS GREAT PUBLIC SPIRIT IN SERVING AS A BOARD MEMBER OF THE SOUTH CAROLINA ARTS FOUNDATION.

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

INTRODUCTION OF BILLS

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

H. 4334 -- Rep. Corning: A JOINT RESOLUTION TO SUSPEND THE ENFORCEMENT AND APPLICATION OF INSURANCE DEPARTMENT REGULATION R69-44 ("LONG-TERM CARE INSURANCE") UNTIL JUNE 7, 1990.

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

H. 4335 -- Reps. M.O. Alexander, T.C. Alexander, Mappus, J. Bailey, R. Brown and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1255 SO AS TO REQUIRE A PERSON OWNING OR OPERATING A MOTOR VEHICLE TO CARRY PROOF OF HIS MOTOR VEHICLE LIABILITY INSURANCE, TO REQUIRE THE OWNER OR OPERATOR OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT TO PROVIDE OTHER PERSONS INVOLVED WITH INFORMATION CONCERNING HIS PROOF OF INSURANCE, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 56-5-1270, AS AMENDED, RELATING TO WRITTEN REPORTS OF CERTAIN MOTOR VEHICLE ACCIDENTS, SO AS TO REQUIRE WRITTEN REPORTS OF LAW ENFORCEMENT OFFICERS INVESTIGATING ACCIDENTS TO CONTAIN LIABILITY INSURANCE INFORMATION REGARDING THE OWNERS OR OPERATORS OF THE VEHICLES INVOLVED; AND TO AMEND SECTION 56-5-1300, RELATING TO ACCIDENT REPORT FORMS PREPARED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO PROVIDE THAT REPORTING FORMS DESIGNATED BY THE DEPARTMENT MUST INCLUDE THE LIABILITY INSURANCE OF THE OWNERS OR OPERATORS OF THE VEHICLES INVOLVED.

Referred to Committee on Labor, Commerce and Industry.

H. 4336 -- Ways and Means Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X, SECTION 14, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BONDED INDEBTEDNESS OF POLITICAL SUBDIVISIONS, SO AS TO AUTHORIZE COUNTIES TO INCUR INDEBTEDNESS FOR THE PURPOSE OF REDEVELOPMENT AND THAT THIS DEBT SERVICE BE PROVIDED BY MEANS OF TAX INCREMENT FINANCING.

Without reference.

H. 4337 -- Rep. Taylor: A BILL TO MAKE IT UNLAWFUL FOR A MINING OPERATION WHICH EXTRACTS A PRECIOUS METAL FROM A PARTICULAR MINE IN THE STATE TO IMPORT A RAW MATERIAL EXISTING OUTSIDE AN AREA HAVING A TWELVE-MILE RADIUS IN EVERY DIRECTION FROM THE PROCESSING FACILITY FOR THE MINE INTO THE PRESCRIBED AREA FOR PROCESSING PURPOSES, OR ANY OTHER PURPOSE, AT THAT PROCESSING FACILITY, AND TO PRESCRIBE PENALTIES.

Referred to Committee on Agriculture and Natural Resources.

H. 4338 -- Reps. Waites, Hayes, Keyserling, T. Rogers, Rudnick and Washington: A BILL TO AMEND SECTION 8-13-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ETHICS COMMISSION, SO AS TO PROVIDE FOR THE PROCESSING OF COMPLAINTS BY THE COMMISSION AGAINST PERSONS ALLEGED TO HAVE VIOLATED THE PROVISIONS OF ETHICS LEGISLATION.

Referred to Committee on Judiciary.

H. 4339 -- Reps. McLellan, Sharpe, Tucker, M.O. Alexander, Cole, Harvin and J. Harris: A BILL TO AMEND SECTIONS 44-2-40, 44-2-60, BOTH AS AMENDED, 44-2-70, 44-2-90, AND 44-2-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO IMPOSE A ONE-HALF CENT A GALLON ENVIRONMENTAL IMPACT FEE AND TO PROVIDE FOR THE MANNER IN WHICH IT IS TO BE USED AND COLLECTED, TO REVISE UNDERGROUND STORAGE TANK REGISTRATION FEES, TO ESTABLISH A MAXIMUM AND MINIMUM AMOUNT FOR THE SUPERB ACCOUNT FROM WHICH FUNDS ARE DISBURSED TO IMPLEMENT THE PROVISIONS OF THIS ACT, TO REVISE THE FINANCIAL RESPONSIBILITY REQUIREMENTS OF OWNERS OF UNDERGROUND STORAGE TANKS, TO DELETE THE PROHIBITION AGAINST CERTAIN EXPENSES BEING DIRECTLY BILLED TO OR REIMBURSED FROM THE SUPERB ACCOUNT, AND TO EXTEND THE DURATION OF CERTAIN PROVISIONS OF THIS ACT UNTIL DECEMBER 31, 1998.

Referred to Committee on Ways and Means.

H. 4340 -- Rep. McLellan: A BILL TO AMEND SECTION 38-7-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETALIATORY TAXES, PENALTIES, INTEREST, AND FEES BY OTHER STATES ON INSURANCE COMPANIES CHARTERED BY THIS STATE DOING BUSINESS IN THOSE STATES, SO AS TO DELETE LANGUAGE RELATING TO WHAT THE APPLICATION OF THIS SECTION IS BASED, TO CHANGE THE MANNER IN WHICH THIS SECTION IS APPLIED, AND PROVIDE THAT THIS SECTION IS EFFECTIVE FOR ALL INSURANCE PREMIUMS COLLECTED AFTER DECEMBER 31, 1989, AND TO ALL INSURANCE PREMIUM TAX RATES FILED BEGINNING WITH QUARTERLY RETURNS DUE SEPTEMBER 1, 1990, AND QUARTERLY AND ANNUAL RETURNS FILED BEFORE THAT TIME.

Referred Committee on Ways and Means.

H. 4341 -- Reps. R. Brown, McKay, Snow and Harwell: A JOINT RESOLUTION TO DESIGNATE A PORTION OF THE LITTLE PEE DEE RIVER A SCENIC RIVER.

Referred to Committee on Agriculture and Natural Resources.

H. 4342 -- Reps. Mappus, Barber and J. Bailey: A BILL TO AMEND SECTION 50-17-660, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAKING AND CATCHING OF SHRIMP, SO AS TO PERMIT THE TAKING OF SHRIMP BY CAST NET OVER BAIT DURING THE OPEN SEASON FROM A DOCK OR PIER.

Referred to Committee on Agriculture and Natural Resources.

H. 4343 -- Reps. Mappus, Rama and Sturkie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3815 SO AS TO PROVIDE THAT NO CHILD TWELVE YEARS OF AGE OR YOUNGER MAY RIDE IN AN OPEN NONCAB OR NONCOVERED PORTION OF A PICKUP TRUCK, AND TO PROVIDE PENALTIES FOR VIOLATIONS TO THE DRIVER OF A PICKUP TRUCK IN WHICH CHILDREN ARE RIDING IN VIOLATION OF THE PROVISIONS OF THIS SECTION.     Referred to Committee on Education and Public Works.

H. 4344 -- Reps. Elliott, Corbett and Barfield: A BILL TO AMEND SECTION 12-9-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX WITHHOLDING, SO AS TO DELETE THE REQUIREMENT FOR WITHHOLDING ON PROCEEDS OF SALES OF REAL PROPERTY AND TANGIBLE PERSONAL PROPERTY TO NONRESIDENTS.

Referred to Committee on Ways and Means.

H. 4345 -- Reps. Rudnick, D. Martin, Burch, Short, Blanding, McLeod and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-11-100 SO AS TO ESTABLISH THE LEGISLATIVE DISCRETIONARY ACCOUNT WITHIN THE STATE HIGHWAYS AND PUBLIC TRANSPORTATION FUND, TO PROVIDE FOR ITS FUNDING, AND TO PROVIDE THE MANNER AND AMOUNT IN WHICH ACCOUNT PROCEEDS MAY BE EXPENDED.

Referred to Committee on Ways and Means.

H. 4346 -- Reps. Rudnick, Huff, D. Martin, Tucker, Burch, Short, Whipper, Waites, Bennett, McLeod, Blanding and K. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-780 SO AS TO REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PROVIDE ADEQUATE SEATING FOR PERSONS WHO, BECAUSE OF THEIR AGE OR INFIRMITY, CANNOT STAND FOR LONG PERIODS OF TIME IN OFFICES IN WHICH THE DEPARTMENT REGISTERS AND LICENSES MOTOR VEHICLES.

Referred to Committee on Education and Public Works.

H. 4347 -- Reps. Rudnick, Huff, D. Martin and Whipper: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS TO ESTABLISH CREDITABLE SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT BEGINNING IN 1990, MILITARY SERVICE BEFORE JULY 1, 1956, MAY BE CREDITED WITHOUT PAYMENT.

Referred to Committee on Ways and Means.

H. 4348 -- Reps. Rudnick, Huff, Smith, D. Martin, Burch, Short and Whipper: A BILL TO AMEND SECTION 12-9-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE INCOME TAX WITHHOLDING EXEMPTIONS, SO AS TO ALLOW A TAXPAYER TO CLAIM ADDITIONAL EXEMPTIONS PURSUANT TO REGULATIONS PROMULGATED BY THE SOUTH CAROLINA TAX COMMISSION AND TO REQUIRE THE COMMISSION TO PROMULGATE REGULATIONS FOR CLAIMING ADDITIONAL EXEMPTIONS.

Referred to Committee on Ways and Means.

H. 4349 -- Rep. McCain: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FRAUDULENT INTENT IN DRAWING AND UTTERING CHECKS, SO AS TO PROVIDE THAT WHERE THE ACCOUNT OF THE MAKER OR DRAWER OF THE DRAFT, CHECK, OR OTHER WRITTEN ORDER WAS CLOSED BEFORE THE DATE OF THE DRAFT, CHECK, OR OTHER WRITTEN ORDER, A PERSON OTHERWISE ENTITLED TO INSTITUTE PROSECUTION UNDER THE PROVISIONS OF THIS SECTION MAY DO SO WITHOUT GIVING THE NOTICE REQUIRED BY THIS SECTION.

Referred to Committee on Judiciary.

S. 786 -- Medical Affairs 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.

Referred to Committee on Agriculture and Natural Resources.

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

Total--122

STATEMENT OF ATTENDANCE

I was not present during the session but arrived in time to attend the Committee meetings on Tuesday, January 9, 1990.

Tee Ferguson

DOCTOR OF THE DAY

Announcement was made that Dr. John W. Simmons of Spartanburg is the Doctor of the Day for the General Assembly.

H. 3919-OBJECTION

The following Bill was taken up.

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.

POINT OF ORDER

Rep. J. ROGERS raised the Point of Order that H. 3919 was out of order as the sponsor of the Bill was no longer a member of the House. He further stated that the Bill had not become a committee Bill and upon the sponsor's resignation, had lost its position on the calendar.

Rep. M.O. ALEXANDER stated that the House had previously considered Bills that had sponsors who were no longer members of the House at the time of consideration.

The SPEAKER stated that once a Bill had been reported out of committee with a committee report, placed on the desk and an action taken on the Bill, then it became property of the Body and he overruled the Point of Order.

Rep. J. ROGERS moved to recommit the Bill.

Rep. L. MARTIN moved to table the motion to recommit.

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

Yeas 71; Nays 23

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Bailey, G.
Baker                  Barfield               Bennett
Blackwell              Brown, G.              Brown, R.
Bruce                  Burriss, M.D.          Burriss, T.M.
Carnell                Clyborne               Cole
Cooper                 Cork                   Corning
Davenport              Derrick                Elliott
Fair                   Farr                   Gentry
Hallman                Harris, J.             Harris, P.
Haskins                Hayes                  Hendricks
Holt                   Jaskwhich              Johnson, J.C.
Kay                    Keegan                 Kirsh
Klapman                Kohn                   Limehouse
Littlejohn             Manly                  Mappus
Martin, L.             Mattos                 McAbee
McCain                 McGinnis               McKay
McLellan               McLeod                 Moss
Neilson                Nesbitt                Nettles
Phillips               Quinn                  Rama
Sharpe                 Sheheen                Simpson
Smith                  Sturkie                Townsend
Tucker                 Vaughn                 Waites
Wells                  Wilder                 Winstead
Wofford                Wright

Total--71

Those who voted in the negative are:

Bailey, J.             Bailey, K.             Blanding
Brown, H.              Brown, J.              Chamblee
Corbett                Ferguson               Glover
Gordon                 Harvin                 Huff
Johnson, J.W.          Keesley                Kinon
Rhoad                  Rogers, J.             Rudnick
Snow                   Waldrop                Washington
White                  Williams, D.

Total--23

So, the motion to recommit was tabled.

RECORD FOR VOTING

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.

If I had not been experimenting with my vote display, I would have voted yea. Rep. H. BROWN.

Rep. J. ROGERS spoke against the Bill.

POINT OF ORDER

Rep. T.M. BURRISS raised the Point of Order that the time the member was being allowed to speak was out of order as the House was in the uncontested period and that he should be allowed only a brief explanation during this time period.

The SPEAKER stated that the member had two more minutes and he overruled the Point of Order.

Rep. HUFF objected to the Bill.

SENT TO THE SENATE

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

H. 3800 -- Reps. Hearn, Wilder and Baxley: A BILL TO AMEND SECTION 40-35-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR THE PURPOSE OF NURSING HOME ADMINISTRATORS, SO AS TO DEFINE THE TERM "COMMUNITY RESIDENTIAL CARE FACILITY" AND THE TERM "COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATOR"; TO ADD SECTION 40-35-35 SO AS TO PROVIDE FOR THE LICENSURE OF COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS; TO ADD SECTION 44-7-275, SO AS TO PROVIDE FOR A CRIMINAL RECORDS CHECK FOR APPLICATIONS FOR LICENSURE UNDER ARTICLE 3, CHAPTER 7, TITLE 34 WHICH IS THE "STATE CERTIFICATION OF NEED ON HEALTH FACILITY LICENSURE ACT"; TO AMEND SECTION 44-7-370, AS AMENDED, RELATING TO THE RESIDENTIAL CARE COMMITTEE TO ASSIST THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING THE LICENSING AND INSPECTION OF COMMUNITY RESIDENTIAL CARE, SO AS TO REVISE THE MEMBERSHIP OF THE COMMITTEE; AND TO REPEAL SECTION 44-7-310, RELATING TO CERTAIN INFORMATION RECEIVED BY THE OFFICE OF HEALTH LICENSING NOT TO BE PUBLICLY DISCLOSED.

RETURNED TO THE SENATE WITH AMENDMENT

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

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.

S. 329 -- Senators Lourie, Fielding, Drummond, Mitchell, Peeler, Patterson, Matthews, Leventis, Lee, Setzler, Moore, Hinson, Long, Macaulay, Helmly, Wilson, McLeod, Mullinax, Passailaigue, Leatherman, Thomas, Giese, Holland, Martin and Shealy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-645 SO AS TO PROVIDE THAT A DECISION OR DETERMINATION BY ANY HOSPITAL OR MEDICAL PERSONNEL, WHICH COULD RESULT IN THE DENIAL OF PAYMENTS OR BENEFITS TO A BENEFICIARY OF A HEALTH INSURANCE POLICY, MUST BE MADE OR PERFORMED BY A PRACTICING LICENSED PHYSICIAN OR NURSE.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, 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.

S. 49 -- Senators Martschink, Drummond, Patterson, Bryan, Giese, Helmly, Passailaigue, Wilson and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-30-15 SO AS TO PROVIDE SPECIAL TESTING ARRANGEMENTS FOR STUDENTS WITH DISABILITIES WHO TAKE THE HIGH SCHOOL EXIT EXAM.

S. 689-RECOMMITTED

The following Joint Resolution was taken up.

S. 689 -- Senator McLeod: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY HEALTH CARE COVERAGE FOR THE MEDICALLY INDIGENT IN SOUTH CAROLINA AND PROVIDE FOR ITS MEMBERS, COMPENSATION, AND DUTIES.

Rep. MOSS moved to recommit the Joint Resolution to the Committee on Medical, Military, Public and Municipal Affairs, which was agreed to.

S. 623-TABLED

The following Bill was taken up.

S. 623 -- Senator Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-9-75 SO AS TO PROVIDE THAT IN ALL CASES WHERE INDICES AFFECTING REAL PROPERTY ARE REQUIRED TO BE MAINTAINED IN THE OFFICES OF THE CLERK OF COURT OR REGISTER OF MESNE CONVEYANCES AND WHERE THESE INDICES ARE MAINTAINED BY ELECTRONIC OR COMPUTER MEANS, THE CLERK OF COURT OR REGISTER OF MESNE CONVEYANCES SHALL PROVIDE AT LEAST A SECOND OR BACKUP COPY OF THE INDICES WHICH MUST BE AVAILABLE FOR USE BY THE PUBLIC IN THE EVENT OF DESTRUCTION OR UNAVAILABILITY OF THE ELECTRONIC INDICES.

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

S. 668-INTERRUPTED DEBATE

The following Bill was taken up.

S. 668 -- Senators Rose and McConnell: A BILL TO AMEND CHAPTER 101, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPENSATION OF ANY PHYSICIAN OR OTHER EMPLOYEE OF A MEDICAL SCHOOL OF THE STATE OF SOUTH CAROLINA, SO AS TO PROVIDE THAT ANY COMPENSATION OF A PHYSICIAN OR OTHER EMPLOYEE OF THE STATE OF SOUTH CAROLINA SHALL BE APPROVED IN ADVANCE ANNUALLY BY THE PRESIDENT OR THE BOARD OF TRUSTEES OF THAT MEDICAL SCHOOL AND TO PROVIDE THAT COMPENSATION SHALL INCLUDE ALL REMUNERATION, OBTAINED THROUGH A PROFESSIONAL SERVICE ORGANIZATION OR OTHERWISE, WITH USE OF PUBLICLY OWNED FACILITIES, EQUIPMENT OR SUPPLIES.

Rep. McLELLAN was recognized.

Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of the Bill, Rep. McLELLAN having been recognized.

MOTION REJECTED

Rep. M.O. ALEXANDER moved that the House recur to the morning hour, which was not agreed to.

H. 3748--OBJECTION WITHDRAWN

Rep. HASKINS withdrew his objection to the following Bill.

H. 3748 -- Rep. J. Bailey: A BILL TO AMEND SECTION 6-7-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOARDS OF ZONING APPEALS AND ZONING BOARDS OF ADJUSTMENT, SO AS TO REQUIRE A TWO-THIRDS VOTE OF THE BOARD MEMBERS FOR A USE VARIANCE FROM THE TERMS OF AN ORDINANCE OR A RESOLUTION ADOPTED BY A LOCAL GOVERNING BODY.

H. 3244-SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

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

H. 3244 -- Reps. Koon, Sturkie and Klapman: A BILL TO PROVIDE THAT PUBLIC AGENCIES IN NEGOTIATING CONTRACTS FOR ARCHITECTS' SERVICES, SUBJECT TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SHALL CONSIDER COST OF SERVICES AS ONE OF THE CONSIDERATIONS IN SELECTING AN ARCHITECTURAL FIRM.

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.

S. 699-DEBATE ADJOURNED

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

S. 699 -- Senator Waddell: A BILL TO AMEND ARTICLE 11, CHAPTER 13 OF TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO FURTHER PROVIDE FOR ITS ORGANIZATION, STRUCTURE, PURPOSES, AND POWERS.

Rep. WINSTEAD moved to adjourn debate upon the Senate Amendments, which was adopted.

MOTION REJECTED

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

Rep. T.M. BURRISS moved to table the motion, which was agreed to by a division vote of 52 to 31.

MOTION NOTED

Rep. SHARPE moved to reconsider the vote whereby S. 623 was tabled and the motion was noted.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4252 -- Rep. Sheheen: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, CARROLL A. CAMPBELL, JR., GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 17, 1990.

ADJOURNMENT

At 3:50 P.M. the House in accordance with the motion of Rep. BLACKWELL adjourned in honor of the birth of Rep. and Mrs. BAKER'S daughter, Hillary Elizabeth to meet at 10:00 A.M. tomorrow.

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