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

WEDNESDAY, MAY 2, 1990

Wednesday, May 2, 1990
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

O God our Lord, Who speaks in the quietness of listening hearts, give to each of us an untroubled life that comes to those whose faith is stayed in You. We confess that often we follow our own desires, not seeing far enough or high enough, and thus find ourselves caught up in confusion that blinds and cheats. Teach us that today's duties will be edged with gold only as we behold the mountains of Your greatness and glory pierced by the eyes of faith. So may we lift our eyes unto the hills from whence comes our help.

Thank you, Lord, for Your promise to hear us when we pray and to answer us when we call. 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.

H. 3169--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 1, 1990

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3169:
H. 3169 -- Reps. McLeod, Baxley, Blanding, G. Brown, McElveen and Harvin: A BILL TO PROVIDE FOR THE MAXIMUM AMOUNTS OF HAZARDOUS WASTE WHICH A LANDFILL MAY ACCEPT THROUGH JUNE 1, 1992; TO AMEND SECTION 44-56-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS RELATING TO HAZARDOUS WASTE, SO AS TO PROVIDE THAT A LANDFILL MAY NOT ACCEPT HAZARDOUS WASTE GENERATED IN ANOTHER STATE WHICH IS PROHIBITED BY THAT STATE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-125 SO AS TO LIMIT THE AMOUNT OF NONHAZARDOUS WASTE A LANDFILL WHICH ACCEPTS HAZARDOUS WASTE MAY ACCEPT AND TO PROVIDE THAT NONHAZARDOUS AND HAZARDOUS WASTE MUST BE DISPOSED OF OR STORED SEPARATELY.
and asks for a Committee of Conference and has appointed Senators Land, J. Verne Smith and Hinds of the Committee of Conference on the part of the Senate.

Very respectfully,
President

No. 011

Whereupon, the Chair appointed Reps. HALLMAN, McELVEEN and McEACHIN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

REPORTS OF STANDING COMMITTEES

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

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

Ordered for consideration tomorrow.

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

H. 4855 -- Rep. R. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-147 SO AS TO PROVIDE FOR A STATE ARCHERY STAMP, TO PROVIDE FOR THE USE OF THE REVENUE DERIVED FROM THE SALE OF THE STAMPS, PRINTS, AND RELATED ARTICLES, AND TO MAKE IT UNLAWFUL FOR A PERSON TO HUNT WITH ARCHERY EQUIPMENT WITHOUT A VALID STAMP IN HIS POSSESSION.

Ordered for consideration tomorrow.

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

S. 951 -- Senators Giese, Wilson, Bryan and Hinds: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST DUMPING LITTER ON PRIVATE OR PUBLIC PROPERTY, EXCEPTIONS, RESPONSIBILITY FOR REMOVAL, AND PENALTIES, SO AS TO INCREASE THE MAXIMUM FINE FROM TWO HUNDRED DOLLARS TO ONE THOUSAND DOLLARS.

Ordered for consideration tomorrow.

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

S. 1275 -- Senator Land: A BILL TO AMEND TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 SO AS TO ESTABLISH THE SOUTH CAROLINA AQUATIC PLANT MANAGEMENT PROGRAM FOR THE STATEWIDE MANAGEMENT OF NUISANCE AQUATIC PLANTS IN PUBLIC WATERS OF SOUTH CAROLINA, TO ESTABLISH THE SOUTH CAROLINA AQUATIC PLANT MANAGEMENT TRUST FUND, TO AUTHORIZE THE SOUTH CAROLINA WATER RESOURCES COMMISSION TO ADMINISTER THE AQUATIC PLANT MANAGEMENT PROGRAM AND TRUST FUND, AND TO ESTABLISH THE CONTINUATION OF THE SOUTH CAROLINA AQUATIC PLANT MANAGEMENT COUNCIL AND ITS MEMBERSHIP.

Ordered for consideration tomorrow.

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

S. 1465 -- Senators Peeler, Hinds and McGill: A BILL TO AMEND SECTIONS 46-13-60 AND 46-13-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PESTICIDES, SO AS TO PROVIDE REGULATIONS FOR PRIVATE PESTICIDE APPLICATORS, ALL OTHER PESTICIDE APPLICATORS, AND REGULATIONS WHICH APPLY TO BOTH, ADD THREE MEMBERS TO THE PESTICIDE ADVISORY COMMITTEE, AND CHANGE THE RECOMMENDING AUTHORITIES FOR THE APPOINTMENT OF SOME OF THE COMMITTEE MEMBERS.

Ordered for consideration tomorrow.

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

H. 4968 -- Reps. M.O. Alexander, J.W. Johnson, Hodges, H. Brown, Bruce, T.M. Burriss, Elliott, Holt, Kohn, Koon, L. Martin, McAbee, McBride, Quinn, Rhoad, Wells and Wright: A BILL TO AMEND SECTION 42-9-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS OF WORKERS' COMPENSATION HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO DELETE CERTAIN PROVISIONS, TO PROVIDE FOR THE MANNER FOR TERMINATION OR SUSPENSION OF TEMPORARY DISABILITY COMPENSATION AFTER PAYMENT OF THIS COMPENSATION HAS BEEN COMMENCED, TO PROVIDE THAT THE EMPLOYEE MAY REQUEST A HEARING TO HAVE TEMPORARY DISABILITY COMPENSATION REINSTITUTED AFTER TERMINATION, AND TO REVISE CERTAIN PENALTY PROVISIONS OF THE SECTION.

Ordered for consideration tomorrow.

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

H. 4969 -- Reps. M.O. Alexander, J.W. Johnson, Hodges, H. Brown, Bruce, T.M. Burriss, Elliott, Holt, Kohn, Koon, L. Martin, McAbee, McBride, Quinn, Rhoad, Wells and Wright: A BILL TO AMEND SECTION 42-9-301, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION LUMP-SUM PAYMENTS, SO AS TO DELETE THE AUTHORIZATION FOR CERTAIN LUMP-SUM PAYMENTS, TO PROVIDE THAT LUMP-SUM PAYMENTS OF NONACCRUED WEEKLY BENEFITS MAY NOT BE PERMITTED EXCEPT UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT THIS SECTION MAY NOT BE CONSTRUED TO PREVENT STRUCTURED SETTLEMENTS.

Ordered for consideration tomorrow.

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

H. 4972 -- Rep. L. Martin: A BILL TO AMEND SECTIONS 38-73-455 AND 38-73-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES AND THE UNIFORM STATISTICAL PLAN WHICH IS ESTABLISHED BY THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE THAT THE INSURANCE PREMIUMS OF OPERATORS OF COMMERCIAL VEHICLES MUST BE COMPUTED AS RATES FOR INSURANCE POLICIES OF INDIVIDUAL PRIVATE PASSENGER VEHICLES.

Ordered for consideration tomorrow.

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

H. 4984 -- Reps. R. Brown, Kay, Townsend and Carnell: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO FOUR HUNDRED SEVENTY-FIVE THOUSAND DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT FOR A COMMISSION OFFICE IN ABBEVILLE.

Ordered for consideration tomorrow.

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

S. 1537 -- Senators Waddell, 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 and Wilson: A CONCURRENT RESOLUTION TO PROVIDE THAT RESIDENT INDIVIDUALS AND SOUTH CAROLINA CORPORATIONS BIDDING ON STATE OR LOCAL GOVERNMENT CONTRACTS FOR HURRICANE HUGO DEBRIS REMOVAL MAY SUBSTITUTE FOR PERFORMANCE AND PAYMENT BONDS SECURITY IN THE FORM OF CASH, CERTIFICATES OF DEPOSIT, OR OTHER FORMS OF SECURITY CONSIDERED ACCEPTABLE TO THE AGENCY LETTING THE CONTRACT.

Ordered for consideration tomorrow.

Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, and Rep. LIMEHOUSE, for the minority, submitted an unfavorable report, on:

S. 971 -- Senator Passailaigue: A BILL TO AMEND SECTION 40-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS OF CERTIFIED PUBLIC ACCOUNTANTS, SO AS TO REVISE THE EDUCATIONAL REQUIREMENTS; AND SECTION 40-1-240, RELATING TO THE WAIVER OF THE EXAMINATION FOR ACCOUNTANTS AND THE REQUIREMENTS FOR NONRESIDENTS, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH A WAIVER IS ALLOWED.

Ordered for consideration tomorrow.

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

S. 1036 -- Senator Giese: A BILL TO AMEND SECTION 23-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE, STORAGE, TRANSPORTATION, OR USE OF IMPERMISSIBLE FIREWORKS AND THE ENUMERATION OF PERMISSIBLE FIREWORKS, SO AS TO REDEFINE PERMISSIBLE "BOTTLE TYPE ROCKETS".

Ordered for consideration tomorrow.

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

H. 4691 -- Reps. McAbee and Carnell: A BILL TO AMEND SECTION 34-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF AND PENALTIES FOR FRAUDULENT CHECK CASES, SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO KEEP A NONPUBLIC RECORD OF A FIRST OFFENSE VIOLATION WHICH IS EXPUNGED TO INSURE THAT NO PERSON TAKES ADVANTAGE OF THE RIGHT OF EXPUNGEMENT PERMITTED BY THIS SECTION MORE THAN ONCE.

Ordered for consideration tomorrow.

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

S. 1038 -- Senator Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-25-170 SO AS TO PROVIDE THAT JURORS FOR MUNICIPAL COURTS, AT THE DISCRETION OF THE MUNICIPAL GOVERNING BODY, MAY BE DRAWN AND SUMMONED BY COMPUTER IN THE MANNER THE SUPREME COURT BY ORDER DIRECTS.

Ordered for consideration tomorrow.

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

S. 1207 -- Senator McGill: A BILL TO AMEND SECTION 5-15-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT THE QUESTION ON A REFERENDUM FOR CHANGING THE NUMBER OF COUNCIL MEMBERS OR THE METHOD OF ELECTION OF COUNCIL MEMBERS MAY BE HELD NO SOONER THAN TWELVE MONTHS AFTER AN ELECTION ON THE SAME QUESTION.

Ordered for consideration tomorrow.

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

S. 1372 -- Senators Pope, Land and O'Dell: A BILL TO AMEND SECTION 46-17-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMODITIES MARKETING ORDERS, SO AS TO PROVIDE AN EXEMPTION FROM THE ADMINISTRATIVE PROCEDURES ACT FOR THE PROVISIONS PERTAINING TO AGRICULTURAL COMMODITIES MARKETING AND TO DELETE THE REFERENCE TO ASSESSMENTS, GRADING, AND QUALITY STANDARDS AS THE ONLY EXEMPTION.

Ordered for consideration tomorrow.

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

S. 1496 -- General Committee: A BILL TO AMEND CHAPTER 9, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES BY THE PUBLIC SERVICE COMMISSION, BY ADDING ARTICLE 21 SO AS TO PROVIDE FOR TELEPHONE SERVICE FOR HEARING AND SPEECH IMPAIRED PERSONS.

Ordered for consideration tomorrow.

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

S. 1515 -- Senator Williams: A BILL TO AMEND SECTION 7-13-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO APPOINT A CLERK FOR EACH POLLING PLACE IN A PRIMARY, SPECIAL, OR MUNICIPAL ELECTION, SO AS TO CLARIFY THAT THE AUTHORITY TO APPOINT A CLERK IS VESTED IN THE AUTHORITY RESPONSIBLE BY LAW FOR CONDUCTING THE ELECTION RATHER THAN IN THE COMMISSIONERS OF ELECTION.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 5071 -- Reps. M.O. Alexander, Baker, Blackwell, Clyborne, Fair, Fant, Haskins, Jaskwhich, Manly, Mattos, Vaughn and Wilkins: A CONCURRENT RESOLUTION TO CONGRATULATE THE GREENVILLE COUNTY SHERIFF'S OFFICE AND SHERIFF JOHNNY MACK BROWN UPON THE SHERIFF'S OFFICE BECOMING THE FIRST LAW ENFORCEMENT AGENCY IN SOUTH CAROLINA TO RECEIVE ACCREDITATION FROM THE COMMISSION ON ACCREDITATION OF LAW ENFORCEMENT AGENCIES, INC.

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

CONCURRENT RESOLUTION

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

H. 5072 -- Reps. Sheheen, J. Rogers, Beasley, Bennett, R. Brown, McLellan, McTeer, Moss and Wilkins: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 7, 1990, AT 5:00 P.M THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 8, 11, 12, 13, 14, AND 15, 1990, FOR CONSIDERATION OF LOCAL UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF AFFECTED DELEGATIONS AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON FRIDAY, JUNE 15, 1990, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION AT 11:30 A.M. ON MONDAY, JUNE 18, 1990, TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER ON JUNE 18, 1990, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE ON THURSDAY, JUNE 21, 1990 NO LATER THAN 5:00 P.M.

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

That the mandatory sine die adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that Code Section, to permit the General Assembly to continue in session under the following terms and conditions:

(1)     When the respective Houses adjourn on Thursday, June 7, 1990, at 5:00 p.m., they shall stand adjourned to meet at 10:00 a.m. on June 8, 11, 12, 13, 14, and 15, 1990, for consideration of local uncontested matters which have unanimous consent of the members of the delegation affected by the legislation, and for consideration of resolutions expressing sympathy or congratulations.

(2)     When the respective Houses of the General Assembly adjourn on June 15, 1990, they shall stand adjourned to meet in regular statewide session at 11:30 a.m. on Monday, June 18, 1990, and may continue in session daily for the consideration of:

(a)     gubernatorial vetoes;

(b)     receipt and confirmation of appointments;

(c)     appointment of conference and free conference committees;

(d)     conference and free conference reports;

(e)     ratification of acts;

(f)     local matters if the affected delegation is unanimous;

(g)     elections previously set by the General Assembly;

(h)     a resolution authorizing an earlier date or time, or both, for sine die adjournment.

However, the presiding officers of the respective houses may, between June 7, 1990, and June 18, 1990, call their respective houses into session only for the consideration of matters provided for in items (a) through (h) in paragraph (2) of this resolution. The provisions of this resolution are deemed to be in compliance with the requirements of Article III, Section 21 of the South Carolina Constitution. When the General Assembly adjourns on Thursday, June 21, 1990, no later than 5:00 p.m., and it may stay in session no later than 5:00 p.m., it shall stand adjourned sine die.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1579 -- Senators J. Verne Smith, Bryan, Mitchell, Thomas and Stilwell: A CONCURRENT RESOLUTION TO CONGRATULATE THE GREENVILLE COUNTY SHERIFF'S OFFICE AND SHERIFF JOHNNY MACK BROWN UPON THE SHERIFF'S OFFICE BECOMING THE FIRST LAW ENFORCEMENT AGENCY IN SOUTH CAROLINA TO RECEIVE ACCREDITATION FROM THE COMMISSION ON ACCREDITATION OF LAW ENFORCEMENT AGENCIES, INC.

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. 1580 -- Senator Helmly: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. MARTHA JO MCGLOTHLIN OF MONCKS CORNER IN BERKELEY COUNTY AS SHE LEAVES HER POSITION OF SERVICE ON THE SOUTH CAROLINA CHILDREN'S FOSTER CARE REVIEW BOARD, TO THANK HER FOR HER CONTRIBUTION TO THE QUALITY OF LIFE OF OUR STATE'S CHILDREN, AND TO WISH HER WELL IN HER 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. 1581 -- Senators Wilson, Shealy, Setzler, Courson and McConnell: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE THADDEUS PATRICK RAINES, JR., OF CAYCE IN LEXINGTON COUNTY.

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

INTRODUCTION OF JOINT RESOLUTION

The following Joint Resolution was introduced, read the first time, and referred to appropriate committee:

H. 5073 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO UNIFORM CLASSIFICATION AND TERRITORIAL PLANS - AUTOMOBILE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1258, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

CONCURRENT RESOLUTION

The following was introduced:

H. 5074 -- Reps. Koon, Klapman, Felder, Sharpe, Derrick, Sturkie and Wright: A CONCURRENT RESOLUTION TO COMMEND MRS. SARA FERGUSON BRUNER FOR OVER FIFTY YEARS OF SERVICE TO THE BATESBURG-LEESVILLE AREA THROUGH HER ASSOCIATION WITH THE TWIN CITY NEWS AND THROUGH NUMEROUS OTHER ENDEAVORS AND TO CONGRATULATE HER UPON HAVING THE 1990 SOUTH CAROLINA POULTRY FESTIVAL PARADE DEDICATED TO HER.

Whereas, Mrs. Sara Ferguson Bruner is the publisher and advertising manager of the Twin City News and has been a newspaperwoman and community and civic leader in the Batesburg-Leesville area for more than fifty years; and

Whereas, Mrs. Bruner was born in Allendale County, and moved to Batesburg-Leesville when she was in the second grade. Mrs. Bruner graduated from Batesburg-Leesville High School and earned her degree in business from Winthrop College; and

Whereas, she married Douglas Bruner in August, 1939. Douglas Bruner's father had come to the county in the mid-1920's and purchased the local paper. The paper's name was subsequently changed to the Twin City News because of its proximity to Batesburg and Leesville; and

Whereas, after his father's death, Douglas Bruner became editor and publisher of the paper until his retirement at which time Mrs. Bruner succeeded him as publisher; and

Whereas, she is not only a respected lady of letters as a result of her professional endeavors but is also an admired civic leader who has given of her time and talents unselfishly for the betterment of her community; and

Whereas, she is active in countless business, civic, and community activities and organizations. She is a member of St. John's Methodist Church, where she has served as Sunday school superintendent and teacher. She belongs to the Batesburg-Leesville Chamber of Commerce and is a charter member of the Batesburg-Leesville Order of the Eastern Star. She also is a charter member of the Batesburg-Leesville Business and Professional Women's Club; and

Whereas, in 1968, she was named the Career Woman of the Year by the Business and Professional Woman's Club of Batesburg-Leesville. In 1953, she was chosen Outstanding Newspaper Woman of South Carolina; and

Whereas, Mrs. Bruner and her husband have somehow found the time to raise a large and wonderful family which now includes three children and a foster son, and seven grandchildren and two foster grandchildren ranging in ages from five months to twenty-one years; and

Whereas, each year the South Carolina Poultry Festival honors a distinguished community leader at its Festival parade and Mrs. Bruner has been selected as the 1990 honoree; and

Whereas, the members of the General Assembly, by this resolution, are desirous of publicly recognizing and thanking this lovely, charming, and distinguished lady for her half-century of service to the people of Batesburg and Leesville upon the occasion of her being named as the 1990 honoree of the South Carolina Poultry Festival Parade. Now, therefore,

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

That the members of the General Assembly commend Mrs. Sara Ferguson Bruner for over fifty years of service to the Batesburg-Leesville area through her association with the Twin City News and through numerous other endeavors, and to congratulate her upon having the 1990 South Carolina Poultry Festival Parade dedicated to her.

Be it further resolved that a copy of this resolution be forwarded to Mrs. Sara Ferguson Bruner.

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

ROLL CALL

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

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

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on May 2, 1990.

C. Lenoir Sturkie                 John G. Felder
Grady Brown                       Terry E. Haskins
James H. Harrison                 James C. Johnson
Tim Rogers                        Roland Corning
Douglas McTeer                    Paul M. Burch
Larry Gentry                      Larry Koon
Alex Harvin, III
Total Present--121

STATEMENTS OF ATTENDANCE

Rep. QUINN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on May 1.

Rep. McELVEEN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, April 25.

Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, April 18 and Thursday, April 19.

DOCTOR OF THE DAY

Announcement was made that Dr. Mark Keisler of Columbia is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. KINON presented the Lake View High School "Gators" Football Team, the Class A State Champions, and their coaches.

SENT TO THE SENATE

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

H. 5067 -- Reps. Boan and Hodges: A BILL TO AMEND ACT 777 OF 1988, RELATING TO THE ESTABLISHMENT OF THE LANCASTER COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT A STATEMENT OF CANDIDACY FOR ELECTION TO THE DISTRICT BOARD MUST BE FILED NO LATER THAN THE FIRST DAY OF SEPTEMBER PRECEDING THE ELECTION RATHER THAN FORTY-FIVE DAYS BEFORE THE ELECTION AND TO PROVIDE THAT WHEN SEPTEMBER FIRST IS A SUNDAY, THE STATEMENT MUST BE FILED BY NOON OF THE FOLLOWING MONDAY.

H. 4700 -- Rep. T.M. Burriss: A BILL TO AMEND SECTIONS 23-45-30, 23-45-40, 23-45-60, 23-45-70, 23-45-80, 23-45-90, 23-45-100, 23-45-110, 23-45-120, 23-45-130, 23-45-135, 23-45-140, 23-45-150, AND 23-45-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, ENFORCEMENT PROVISIONS OF THE STATE FIRE MARSHAL, FEES AND LICENSES, PROCEDURES FOR ISSUANCE OF A LICENSE, LIMITATIONS AND CONDITIONS ON A LICENSE, EXPIRATION OF A LICENSE, REQUIREMENT THAT A FIRE PROTECTION SPRINKLER CONTRACTOR MUST DELIVER A COPY OF HIS LICENSE TO THE LOCAL BUILDING OFFICIAL IF HE DESIRES TO DO BUSINESS IN THAT JURISDICTION, THE EFFECT OF MUNICIPAL REGULATION ON CONTRACTORS, APPLICATION OF CHAPTER 45 OF TITLE 23, INAPPLICABILITY OF THE SAME CHAPTER, FEES FOR SPRINKLER PLAN AND SPECIFICATION REVIEW; AND ENFORCEMENT POWERS OF THE STATE FIRE MARSHAL, SO AS TO CHANGE THE NAME OF THE SOUTH CAROLINA LICENSING BOARD FOR CONTRACTORS' LICENSE TO SPRINKLER CONTRACTOR'S LICENSE, DELETE PROVISIONS REFERENCING THE STANDARD BUILDING CODE, DEFINE "BOARD" TO MEAN THE STATE LICENSING BOARD FOR CONTRACTORS, AUTHORIZE THE STATE LICENSING BOARD FOR CONTRACTORS RATHER THAN THE STATE FIRE MARSHAL TO ENFORCE PROVISIONS OF THIS CHAPTER, DELETE PROVISIONS RELATING TO THE REQUIREMENT OF A SWORN AFFIDAVIT FROM THREE PROFESSIONAL ENGINEERS AND OTHER REQUIREMENTS REQUIRED FOR APPLICATION FOR A LICENSE, MAKE THE PLANNING, INSTALLATION, OR ADDITION OF A FIRE PROTECTION SPRINKLER SYSTEM, WATER SPRAY SYSTEM, OR WATER FOAM SYSTEM ON THEIR OWN PROPERTY OR THAT OF THEIR NORMAL EMPLOYER APPLICABLE TO THE PROVISIONS OF CHAPTER 45 OF TITLE 23, PROVIDE THAT THE STATE FIRE MARSHAL MAY CHARGE FEES FOR PLAN AND SPECIFICATION REVIEW, AND PROVIDE THAT THE BOARD INSTEAD OF THE STATE FIRE MARSHAL MAY ENFORCE THE PROVISIONS OF CHAPTER 45 OF TITLE 23; TO REDESIGNATE SECTION 23-45-160, RELATING TO THE INSTALLATION OF SMOKE DETECTORS IN APARTMENT HOUSES HAVING NO FIRE PROTECTION SYSTEM, AS SECTION 23-9-155; AND REPEAL SECTION 23-45-155 RELATING TO WAIVER OF A NICET LEVEL III CERTIFICATE IN CERTAIN CIRCUMSTANCES.

ORDERED TO THIRD READING

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

S. 1568 -- Senator Nell W. Smith: A BILL TO APPROVE THE DISSOLUTION OF THE EAST CLEMSON WATER DISTRICT, A SPECIAL PURPOSE DISTRICT IN PICKENS COUNTY, AND TO PROVIDE FOR THE TRANSFER AND CONVEYANCE OF THE SYSTEM AND THE DISTRICT'S ASSETS TO THE CITIES OF CLEMSON AND CENTRAL, SOUTH CAROLINA.

H. 4918 -- Rep. T.C. Alexander: A BILL TO AMEND CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER, SEWAGE, AND WASTE DISPOSAL, BY ADDING ARTICLE 23 SO AS TO PROVIDE FOR THE REGULATION OF PUBLIC SWIMMING POOLS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

Rep. MOSS explained the Bill.

S. 138 -- Senators Wilson, Giese, Thomas and Bryan: A BILL TO ENACT THE CLEAN INDOOR AIR AND PROMOTION OF PUBLIC HEALTH ACT OF 1989 AND TO PROVIDE PENALTIES FOR VIOLATIONS.

H. 5004 -- Reps. Washington, McLellan, Winstead, Kirsh, H. Brown, Rama, D. Martin, Kohn, Wofford, J. Bailey, Hallman, Whipper, G. Bailey, Barber, Mappus, Limehouse, D. Williams and J. Williams: A JOINT RESOLUTION TO AUTHORIZE THE BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON TO BORROW ONE MILLION TWO HUNDRED THOUSAND DOLLARS TO ISSUE BONDS OR NOTES FOR THE RENOVATION AND EXPANSION OF THE COLLEGE'S CAFETERIA FACILITIES.

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. 990 -- Senators Williams and Giese: A BILL TO AMEND SECTION 16-17-495, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL TRANSPORTING OF A CHILD UNDER SIXTEEN YEARS OF AGE OUTSIDE THE STATE WITH INTENT TO VIOLATE A CUSTODY ORDER, SO AS TO PROVIDE THAT IF A PERSON KEEPS A CHILD OUTSIDE THIS STATE FOR MORE THAN SEVENTY-TWO HOURS IN VIOLATION OF A CUSTODY ORDER, THIS IS NOT PRIMA FACIE EVIDENCE OF AN INTENTIONAL VIOLATION OF THIS SECTION BUT THAT IT IS PERMISSIBLE TO INFER THAT THE PERSON INTENDED TO COMMIT THIS VIOLATION.

H. 3521--OBJECTIONS

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2, Rep. WAITES having the floor.

H. 3521 -- Reps. Waites, T. Rogers, Keyserling, Rudnick, McElveen, Huff, Hayes, Whipper, Washington, Lockemy and G. Bailey: A BILL TO AMEND SECTIONS 8-13-20 AND 8-13-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ETHICS, SO AS TO CHANGE THE DEFINITION OF "CANDIDATE FOR PUBLIC OFFICE" AND TO PROVIDE ADDITIONAL REQUIREMENTS FOR THE REPORT OF CONTRIBUTIONS AND EXPENDITURES; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 8-13-640, 8-13-650, 8-13-660, 8-13-670, 8-13-680, 8-13-690, 8-13-700, 8-13-710, 8-13-720, AND 8-13-730 SO AS TO REGULATE CAMPAIGN PRACTICES.

Debate was resumed on Amendment No. 2, which was proposed on Tuesday, May 1, by Rep. WAITES.

Rep. WAITES continued speaking.

Reps. KOHN, GREGORY, McGINNIS and WINSTEAD objected to the Bill.

S. 1136--DEBATE ADJOURNED

Rep. WILKINS moved to adjourn debate upon the following Bill until Thursday, May 3, which was adopted.

S. 1136 -- Senators McLeod, Lourie, Nell W. Smith, Leatherman and Long: A BILL TO AMEND SECTION 44-77-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO THE DEATH WITH DIGNITY ACT, SO AS TO REVISE THE DEFINITIONS OF "LIFE-SUSTAINING PROCEDURES" AND "TERMINAL CONDITION"; SECTION 44-77-40, AS AMENDED, RELATING TO THE VALIDITY OF A DEATH WITH DIGNITY DECLARATION, SO AS TO DELETE THE REQUIREMENT THAT AN ACCOMPANYING AFFIDAVIT TO A DECLARATION MUST BE SUBSCRIBED AND SWORN TO BY THE TWO WITNESSES IN THE DECLARANT'S PRESENCE; SECTION 44-77-50, AS AMENDED, RELATING TO THE FORM OF A DECLARATION, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN AGENT, REVISE THE LANGUAGE PERTAINING TO THE REVOCATION OF A DECLARATION, AND PROVIDE FOR SPECIFIC DIRECTIONS IN A DECLARATION; AND SECTION 44-77-80, AS AMENDED, RELATING TO THE REVOCATION OF A DECLARATION, SO AS TO PROVIDE FOR REVOCATION BY A DECLARANT'S AGENT INSTEAD OF DESIGNEE.

H. 3605--AMENDED AND OBJECTIONS

The following Bill was taken up.

H. 3605 -- Rep. Huff: A BILL TO AMEND SECTION 17-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOPSIES, PRELIMINARY EXAMINATIONS, AND INQUESTS AND THE DUTIES OF A CORONER CONCERNING MOTOR VEHICLE, SWIMMING, OR BOATING ACCIDENT DEATHS, SO AS TO REDEFINE "DRIVER" AND "PEDESTRIAN", TO APPLY THE PROVISIONS OF THIS SECTION TO A "VEHICLE PASSENGER", TO REQUIRE EXAMINATION OF THE BODY IN A TIMELY MANNER AFTER DEATH RATHER THAN WITHIN EIGHT HOURS OF DEATH, AND TO PROVIDE FOR THE COUNTING AND RECORDING AS VICTIMS OF ACCIDENTS INVOLVING ALCOHOL OR DRUGS CERTAIN PERSONS WHO DIE WITHIN ONE YEAR OF THE ACCIDENT.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 0292l), which was adopted.

Amend the bill, as and if amended, in the last sentence of SECTION 1, by striking the words /one year/ and inserting the words /one hundred and eighty days/ so that the sentence, when amended, will read:

/"For reporting purposes, any victim of a motor vehicle or boating accident involving alcohol or drugs, whether that victim is a driver, vehicle passenger, pedestrian, swimmer, or boat occupant as described in this section, who dies at any time within one hundred and eighty days of the accident as a proximate result thereof must be counted and recorded as a victim of an accident involving alcohol or drugs."/

Further amend the bill by adding an appropriately numbered section to read:

/"The results of the analysis required by this section must be reported to SLED and may be used by state and local officials only for statistical purposes that do not reveal the identity of the deceased person, and are not to be put into the Coroner's Book of Inquisition. Nothing in this subsection restricts the tests as evidence in criminal or civil proceedings."/

Renumber and retitle to conform.

Rep. J. BROWN explained the amendment.

The amendment was then adopted.

Rep. J. BROWN explained the Bill.

Reps. FELDER, GORDON and BLANDING objected to the Bill.

H. 3384--OBJECTIONS

The following Bill was taken up.

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.

Debate was resumed on Amendment No. 1, which was proposed on Tuesday, January 23, by the Committee on Judiciary.

Rep. WILKINS explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. KIRSH moved to commit the Bill to the Committee on Ways and Means.

Rep. WILKINS moved to table the motion, which was agreed to.

Reps. KIRSH, HOLT and J.W. JOHNSON objected to the Bill.

S. 927--OBJECTION AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 927 -- Senators J. Verne Smith, Leatherman, McLeod, Nell W. Smith, Peeler, Long, Matthews and Giese: A BILL TO AMEND SECTION 44-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CERTIFICATE OF NEED APPLICATION, SO AS TO PROVIDE FOR THE PAYMENT OF AN INITIAL APPLICATION FEE, TO CHANGE THE TIME DURING WHICH AN APPLICANT IS REQUIRED TO PUBLISH NOTICE OF HIS APPLICATION, AND TO PROVIDE FOR ADDITIONAL INFORMATION TO COMPLETE THE APPLICATION; SECTION 44-7-210, AS AMENDED, RELATING TO THE COMPLETION OF THE APPLICATION, SO AS TO PROVIDE FOR THE TIME OF THE REVIEW PERIOD FOR THE APPLICATION, TO CHANGE THE EFFECTIVE DATE OF THE AGENCY DECISION ON THE APPLICATION, AND TO PROVIDE FOR A RECONSIDERATION HEARING; SECTION 44-7-220, AS AMENDED, RELATING TO JUDICIAL REVIEW OF THE DECISION OF THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR APPEAL TO THE CIRCUIT COURT INSTEAD OF THE APPROPRIATE STATE COURT, TO PROVIDE FOR THE REQUIREMENTS OF THE APPEAL AND OF A BOND, AND TO PROVIDE FOR THE ACTION TO BE TAKEN BY THE COURT; AND SECTION 44-7-230, AS AMENDED, RELATING TO THE LIMITATION ON A CERTIFICATE OF NEED, SO AS TO CHANGE THE TIME DURING WHICH A CERTIFICATE OF NEED IS VALID, TO REVISE THE CIRCUMSTANCES UNDER WHICH AN EXTENSION MAY BE GRANTED, AND TO PROVIDE THE REQUIREMENTS FOR COMPLETION OF THE PROJECT.

Rep. MOSS explained the Bill.

SPEAKER IN CHAIR

Rep. PHILLIPS objected to the Bill.

Rep. MOSS continued speaking.

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

H. 4934--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4934 -- Rep. Kirsh: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AMEND THE AUTHORIZATION FOR THE DENMARK TECHNICAL COLLEGE STUDENT SERVICE CENTER RENOVATION AND ADDITION BY ADDITIONALLY AUTHORIZING THE PROCEEDS FROM THE BONDS TO BE EXPENDED FOR THE COMPLETION OF THE PHYSICAL PLANT BUILDING.

Reps. McLELLAN, McABEE, CARNELL, BOAN and BLANDING proposed the following Amendment No. 1 (Doc. No. 1657X), which was adopted.

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

/SECTION     _____.         (A)     Sub-subitems (a) and (b) of subitem (1) (Department of Corrections) of item (f), Section 3, Act 1377 of 1968, as added by Section 30, Part II, Act 189 of 1989, are amended to read:

/(a)     808-Bed Medium/

Maximum Security Institution 28,000,000 $26,600,000

(b)     808-Bed Medium/

Maximum Security Institution 28,000,000 26,600,000/

(B)     Sub-subitem (c) of subitem 23 (Department of Corrections) of item (f), Section 3, Act 1377 of 1968, as added by Act 638 of 1988, is amended to read:

"(c)     Appalachian Region:

384-bed Female Institution 12,000,000 14,800,000".

(C)     It is the intent of the General Assembly to restore in the next bond bill the $2,800,000 transferred from the 808-Bed Medium/Maximum Security Institutions for the Department of Corrections to the 384-Bed Female Institution provided in subsections (A) and (B) of this section./

Renumber sections to conform.

Amend title to conform.

Rep. McLELLAN explained the amendment.

The amendment was then adopted.

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

H. 4907--OBJECTIONS

The following Bill was taken up.

H. 4907 -- Reps. Keyserling, T. Rogers, J. Harris, H. Brown and Nesbitt: A BILL TO AMEND SECTION 13-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE STATE DEVELOPMENT BOARD, SO AS TO ADD AN ADDITIONAL MEMBER REPRESENTING CULTURAL INTERESTS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 1627X).

Amend the bill, as and if amended, in Section 13-3-40 of the 1976 Code, as contained in SECTION 1, page 1, line 11, by inserting after /Affairs./ /In addition to the twenty members appointed by the Governor, the chairmen of the Labor, Commerce and Industry Committees of the House of Representatives and Senate, or their designees, shall serve ex officio./; on line 14 by inserting after /the/ /appointed/; and on line 16 by striking /a/ and inserting /a an appointed/ so that when amended Section 13-3-40 reads:

/Section 13-3-40.     The department is governed by a board consisting of nineteen twenty citizens of the State to be appointed by the Governor upon the advice and consent of the Senate. One member must be appointed from each of the sixteen judicial circuits, three must be appointed from the State at large, and one member must be the Commissioner of Agriculture, one shall represent cultural interests upon the recommendation of the Joint Legislative Committee on Cultural Affairs. In addition to the twenty members appointed by the Governor, the chairmen of the Labor, Commerce and Industry Committees of the House of Representatives and Senate, or their designees, shall serve ex officio. The Governor must shall appoint one of the at-large members to serve as chairman. The terms of the appointed members are for a period of five years and until their successors are appointed and qualify. After the service of two terms a an appointed member is not eligible for reappointment. The Governor in making subsequent appointments must give due consideration to the rotation of appointees among the counties of each judicial circuit. Any officers deemed considered necessary by the board in addition to the chairman must be selected by the board to serve for such terms as the board may designate. Vacancies must be filled in the manner of the original appointments for the unexpired portions of the terms only./

Amend title to conform.

Rep. M.O. ALEXANDER explained the amendment.

Reps. CORK, KLAPMAN, HALLMAN, CORBETT, KIRSH, QUINN and WRIGHT objected to the Bill.

H. 4630--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4630 -- Reps. McAbee, Felder and Kinon: A BILL TO AMEND SECTION 8-7-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEAVES OF ABSENCE AUTHORIZED FOR PUBLIC OFFICERS AND EMPLOYEES FOR CERTAIN NATIONAL GUARD OR RESERVE MILITARY SERVICE, SO AS TO FURTHER PROVIDE FOR THE TERMS AND CONDITIONS OF THESE AUTHORIZED LEAVES OF ABSENCE, TO REVISE THE TYPES OF SERVICE OR TRAINING FOR WHICH THESE LEAVES OF ABSENCE ARE AUTHORIZED, AND TO PROVIDE FOR THE MANNER IN WHICH THESE PROVISIONS MUST BE CONSTRUED.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 0317l), which was adopted.

Amend the bill, as and if amended, by striking the second paragraph of SECTION 1, so that when amended the section reads:

/SECTION 1. Section 8-7-90 of the 1976 Code is amended to read:

"Section 8-7-90. All officers and employees of this State or any a political subdivision thereof of this State, who are either enlisted or commissioned members of the South Carolina National Guard, the United States Naval Reserve, the Officers Reserve Corps, the Enlisted Reserve Corps, the Reserve Corps of the Marines, the Coast Guard Reserve and the United States Air Force Reserve shall be entitled to leave of absence from their respective duties without loss of pay, time or efficiency rating, for a period not exceeding fifteen days in any one year during which they may be engaged in training or other such duties ordered by the Governor, the War Department, the Treasury Department, the Navy Department or the Air Force Department. In the event any such person is called upon to serve during an emergency he shall be entitled to such leave of absence for not exceeding thirty additional days.

The South Carolina Air National Guard, the United States Army Reserve, the United States Air Force Reserve, the United States Naval Reserve, the United States Marine Corps Reserve, or the United States Coast Guard Reserve are entitled to leaves of absence from their respective duties without loss of pay, time, or efficiency rating, for one or more periods not exceeding an aggregate of fifteen regularly scheduled work days in any one year during which they may engage in training or any other duties ordered by the Governor, the Department of Defense, the Department of the Army, the Department of the Air Force, the Department of the Navy, the Department of the Treasury, or any other department or agency of the government of the United States having authority to issue lawful orders requiring military service. Saturdays, Sundays, and state holidays may not be included in the fifteen-day aggregate unless the particular Saturday, Sunday, or holiday to be included is a regularly scheduled work day for the officer or employee involved.

As used in this section, the phrase 'in any one year' means either a calendar year or, in the case of members required to perform active duty for training or such other duties within or on a fiscal year basis, the fiscal year of the national guard National Guard or reserve component issuing the orders.

The provisions of this section must be construed liberally to encourage and allow full participation in all aspects of the National Guard and reserve programs of the armed forces of the United States, and to allow state officers and employees who are enlisted or commissioned members of the National Guard or reserve components to excel in military and emergency preparedness and service by taking full advantage of all career enhancing assignments and training opportunities."/

Amend title to conform.

Rep. J. BROWN explained the amendment.

The amendment was then adopted.

Rep. J. BROWN explained the Bill.

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

H. 4862--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4862 -- Rep. Rama: A BILL TO AMEND SECTION 13-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO THE ATOMIC ENERGY AND RADIATION CONTROL ACT, SO AS TO DEFINE "NONIONIZING RADIATION"; AMEND SECTION 13-7-40, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE ACT, SO AS TO AUTHORIZE THE TECHNICAL ADVISORY RADIATION CONTROL COUNCIL TO ADVISE THE DEPARTMENT ON MATTERS PERTAINING TO NONIONIZING AS WELL AS IONIZING RADIATION, REQUIRE TWO MEMBERS OF THE COUNCIL TO HAVE RECOGNIZED KNOWLEDGE IN THE FIELD OF RADIATION WITHOUT THE REQUIREMENT THAT IT BE TO IONIZING RADIATION, AND PROVIDE FOR DEPARTMENT REGULATIONS ON NONIONIZING AS WELL AS IONIZING RADIATION; AND AMEND SECTION 13-7-45, RELATING TO THE AUTHORIZATION OF THE DEPARTMENT TO PROMULGATE REGULATIONS FOR LICENSING, REGISTRATION, AND CERTIFICATION OF USERS OF THE SOURCES OF IONIZING RADIATION, SO AS TO AUTHORIZE THE DEPARTMENT TO PROMULGATE REGULATIONS REGARDING NONIONIZING RADIATION.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 0321l), which was adopted.

Amend the bill, as and if amended, by striking SECTION 1 (9) and inserting the following language:

/"(9) 'Nonionizing radiation' for the purpose of this section shall mean only ultraviolet radiation used for the purpose of tanning the human body, and shall include ultraviolet radiation with wavelengths in air between two hundred and four hundred nanometers."/

Further amend the bill in SECTION 2 (C) by striking the words /South Carolina Chiropractor's Association/ and inserting /South Carolina Chiropractic Association/

Further amend the bill in SECTION 2 (F) item (8) by dividing the item into two appropriately numbered items to read:

/"( ) collect and disseminate information relating to control of radiation sources.

( ) The department is authorized to provide, by rule and regulation, for the licensing or registration of radiation sources or devices or equipment utilizing these sources. Such rules or These regulations shall must provide for amendment, suspension, or revocation of licenses.;/

Further amend the bill in SECTION 2 (G) by adding the words /or nonionizing/ so it reads:

/No person shall may receive possess, use, possess, or transfer any a source of ionizing or nonionizing radiation unless registered, licensed, or exempted by the department./

Further amend the bill in SECTION 2 (L) by adding the words /the department, or,/ so that it reads:

/"(L) Whenever, in the judgment of the department, any a person has engaged in or is about to engage in any acts or practices which constitute a violation of any a provision of this article, or any rule, a regulation, or an order issued thereunder under it, the department, or, at the request of the department, the Attorney General may make application to the court of common pleas for any an order enjoining such these acts or practices, or for any an order directing compliance, and upon. Upon a showing by the department that such the person has engaged in or is about to engage in any such these acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted./

Further amend the bill in SECTION 2 (O) by deleting the words /now or/ and replacing them immediately after the words /in effect/ so that the section reads:

/(O) Ordinances, resolutions, or regulations now or hereafter in effect, now or in the future of the governing body of an agency or political subdivision of the State relating to radiation sources , shall are not be superseded by this article if such the ordinances or regulations are and continue to be consistent with the provisions of this article, amendments thererof to it, and rules and regulations thereunder under it./

Renumber and amend title to conform.

Rep. RAMA explained the amendment.

The amendment was then adopted.

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

H. 4923--OBJECTION AND DEBATE ADJOURNED

The following Bill was taken up.

H. 4923 -- Reps. Felder and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 9, TITLE 23 SO AS TO PROVIDE FOR THE STATE FIRE MARSHAL BOARD OF APPEALS AND ITS MEMBERS AND POWERS; TO AMEND SECTION 23-9-150, RELATING TO BUILDINGS DECLARED TO BE UNSAFE BY THE STATE FIRE MARSHAL, SO AS TO PROVIDE FOR AN ADMINISTRATIVE REVIEW BY THE STATE FIRE MARSHAL AND FOR APPEALS FROM DECISIONS OF THE STATE FIRE MARSHAL TO THE STATE FIRE MARSHAL BOARD OF APPEALS INSTEAD OF TO COURTS OF COMPETENT JURISDICTION; AND TO PROVIDE FOR THE APPOINTMENT AND TERMS OF THE INITIAL MEMBERS OF THE BOARD.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 0319l).

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

/"Article 5
State Fire Marshal Board of Appeals

Section 23-9-510. The State Fire Marshal Board of Appeals is created and is composed of nine members appointed by the Governor upon the advice and consent of the Senate. The appeals board includes one registered architect, one member of the South Carolina State Fire Commission appointed by its chairman, one general contractor, one certified building inspector, one consumer, one registered electrical engineer, one speciality licensed contractor, one building materials supplier, and one structural engineer. Not more than one type of profession or occupation may be represented on the board.

The terms of the members are four years and until their successors are appointed and qualify. Vacancies must be filled in the manner of the original appointments for the unexpired portion of the term only. The Governor shall appoint the chairman. At the first meeting in each year the appeals board shall elect a vice-chairman and other officers the appeals board considers necessary at the first meeting in each year and shall adopt appropriate rules of procedure.

Section 23-9-520. (A) The members of the State Fire Marshal Board of Appeals shall receive mileage, subsistence, and per diem as provided by law for members of state boards, committees, and commissions for attendance at board meetings or when engaged in business of the appeals board, payable from appropriations made from the general fund of the State upon the issuance of vouchers signed by the chairman of the appeals board.

(B) The appeals board shall meet within sixty days after notice of appeal has been received or at other times upon call of the chairman. Five members constitute a quorum for the conduct of business.

(C) The Division of State Fire Marshal of the State Budget and Control Board shall provide administrative support and other assistance as may be necessary to carry out the purposes of this article.

Section 23-9-530. (A) The State Fire Marshal Board of Appeals may hear appeals from a municipality, county, or state agency or an owner or occupant, or contractor of premises directly affected or aggrieved by a decision of the State Fire Marshal issued in accordance with Section 23-9-150 or any decision of the fire marshal issued enforcing or interpreting regulations promulgated by the fire commission. Notice of appeal must be in writing, must contain the specific grounds of appeal, and must be served by mail or otherwise on the fire marshal and the appeals board within thirty days after the decision appealed from is rendered.

(B) The hearing before the appeals board and the final decision or order of the appeals board must be in compliance with Chapter 23 of Title 1.

(C) The appeals board upon hearing the appeal may modify or reverse any decision rendered by the fire marshal in a case when, in the appeals board's opinion, the decision is unjust and is contrary to the purpose of the regulations promulgated by the fire commission or to the public interest.

(D) All appeals from a decision of the appeals board must be in accordance with Chapter 23 of Title 1.

(E) Before a hearing is scheduled before the appeals board, the fire marshal or his designee shall contact the appellant to review and resolve the appeal informally, if possible, in a manner consistent with applicable regulations or law governing fire and life safety codes. This review must be scheduled within thirty days of the notice of appeal.

If a review is not resolved by mutual agreement, the fire marshal or his designee promptly shall issue a review decision within ten days stating the reason for the action taken. If the appellant does not accept the review decision by the fire marshal, he shall request a hearing before the appeals board within twenty days of receipt of the review decision or the review decision is final and conclusive.

(F) The fire marshal or his designee may resolve code violations as specified in the 1988 Southern Standard Building Code and as outlined in Section 102.6, Alternate Material and Methods, and Section 101.5, Existing Conditions. Attempts to resolve appeals must include code and section interpretations from the Southern Building Code, Congress, or the National Fire Protection Associations, or any of them, as appropriate, of the individual case for evidence. Independent, competent cost analysis must be supplied by the appellant in a signed statement that details the equipment or labor, or both, necessary to achieve compliance with stated violations.

(G) Nothing in this chapter shall be construed to require an appellant to be represented by legal counsel during any phase of the appeals process."

SECTION 2. Section 23-9-150 of the 1976 Code is amended to read:

"Section 23-9-150. All buildings or structures referred to in Section 23-9-40, except single-family dwellings, duplexes, or one-story rooming houses, which are unsafe or not provided with adequate egress, or which constitute a fire hazard or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment are, severally in contemplation of this section, unsafe buildings. The use and occupancy of all such unsafe buildings is hereby declared illegal, and such the unsafe conditions shall must be corrected by repair, rehabilitation, or demolition in accordance with the following procedure:

(1) Whenever the State Fire Marshal shall find any finds a building, or structure, or portion thereof of a building or structure to be unsafe, as defined in this section, he shall give the owner, agent, or person in control of such the building or structure written notice, stating the defects found to exist. The notice shall must require the owner within a reasonable time as determined by the Marshal fire marshal to either complete specified repairs or improvements, or to demolish and remove the building, or structure, or unsafe portion thereof of the building or structure.

If necessary, such the notice shall also must require the building, structure, or portion thereof of the building or structure to be vacated forthwith immediately and not reoccupied until the specified repairs and improvements are completed, inspected, and approved by the State Fire Marshal fire marshal.

(2) The Marshal fire marshal shall cause to be posted at each entrance to such the building a notice as follows: 'THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE STATE FIRE MARSHAL.' Such The notice shall must remain posted until the required repairs are made or demolition is completed.

It shall be is unlawful for any a person, firm, or corporation, or its agents, to remove such the notice without written permission of the State Fire Marshal fire marshal, or for any a person to enter the building except for the purpose of making the required repairs or demolishing such the building.

(3) The owner, agent, or person in control of any a building subject to repair shall have the right, except in cases of emergency, to may appeal, within thirty days, from the decision of the State fire marshal to any court of competent jurisdiction, stating in the notice of appeal the grounds therefor, and the court shall affirm, modify or revoke the decision of the Fire Marshal within thirty days of receipt of the notice of appeal. as provided in Section 23-9-530. Emergency decisions of the fire marshal are not stayed pending appeal to the appeals board.

(4) If the owner, agent, or person in control of a property cannot be found within the stated time limit or, if such the owner, agent, or person in control shall, after notice fail, neglect or refuse , fails, neglects, or refuses to comply with notice to repair, rehabilitate, demolish, or remove the building or , structure, or portion thereof of the building or structure, the State Fire Marshal fire marshal shall cause such the building, structure, or portion thereof of the building or structure to be vacated and secured.

SECTION 3 . The members of the State Fire Marshal Board of Appeals must be appointed within ninety days after this act's effective date, and their terms are as follows:

(1) Registered architect, certified building inspector, and consumer: one year;

(2) Member of the South Carolina State Fire Commission, General Contractor, and the specialty licensed contractor: two years;

(3) Registered electrical engineer, structural engineer, and building materials supplier: three years.

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

Amend title to conform.

Rep. FELDER explained the amendment.

Rep. McLEOD objected to the Bill.

Rep. FELDER moved to adjourn debate upon the Bill until Tuesday, May 8, which was adopted.

H. 4924--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4924 -- Rep. Blackwell: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 36 SO AS TO ESTABLISH A STATEWIDE ALZHEIMER'S DISEASE AND RELATED DISORDERS REGISTRY.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 0320l), which was adopted.

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

/SECTION 1. The 1976 Code is amended by adding:

"CHAPTER 36
Statewide Alzheimer's Disease and
Related Disorders Registry

Section 44-36-10. There is established the Statewide Alzheimer's Disease and Related Disorders Registry. Each hospital, clinic, individual practitioner, or other agency or facility providing health care may participate in this registry by making available to the School of Public Health, University of South Carolina, abstracts of their records of patients who have been diagnosed as having Alzheimer's disease or a related disorder, after receiving a written authorization from the patient or other legally responsible party for the release of the information. These abstracts may include the name, address, sex, race, and any other pertinent identifying information regarding each patient.

From the abstracts received, the School of Public Health shall establish and maintain a Statewide Alzheimer's Disease and Related Disorders Registry. The purpose of the state registry includes, but is not limited to:

(1) collecting data to evaluate the incidence and causes of Alzheimer's disease and related disorders,

(2) providing data to support research on Alzheimer's disease and related disorders.

Section 44-36-20. The School of Public Health shall appoint an advisory committee to assist in maintaining this registry which must include, but is not limited to, the Commissioners of the Department of Mental Health and the Department of Mental Retardation or their designees and one representative of each of the following groups: practicing physicians treating patients with Alzheimer's disease and related disorders, clinical psychologists evaluating and treating patients with Alzheimer's disease and related disorders, neuropathologists, researchers engaged in clinical investigations related to dementias, basic science researchers engaged in studies related to dementias, nursing home administrators, the Medical University of South Carolina, and the University of South Carolina Medical School.

The advisory committee shall assist the School of Public Health in developing protocols, choosing necessary psychometric validation instruments and other technical mechanisms.

Section 44-36-30. The School of Public Health and all persons to whom data is released shall keep all patient information confidential. No publication of information, biomedical research, or medical data may be made which identifies the patients. However, the School of Public Health may contact the families and physicians of patients diagnosed as having Alzheimer's disease or a related disorder to collect relevant data and to provide them with information about available public and private health care resources.

The School of Public Health also may distribute any protocols or other materials provided by the advisory committee to practicing physicians and clinical psychologists."

SECTION 2. This act takes effect July 1, 1990."/

Amend title to conform.

Rep. MOSS explained the amendment.

The amendment was then adopted.

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

H. 3273--OBJECTIONS WITHDRAWN

Reps. WINSTEAD, HOLT, DAVENPORT and J. BAILEY withdrew their objections to the following Joint Resolution.

H. 3273 -- Reps. Nesbitt, Kirsh, Klapman, Boan, Hayes, Short, Foster and McGinnis: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X, SECTION 15, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE BONDED INDEBTEDNESS OF SCHOOL DISTRICTS, SO AS TO INCREASE THE GENERAL OBLIGATION DEBT LIMIT FROM EIGHT TO TWELVE PERCENT OF THE ASSESSED VALUE OF ALL TAXABLE PROPERTY OF SCHOOL DISTRICTS.

OBJECTION TO RECALL

Rep. WILKINS asked unanimous consent to recall S. 1204 from the Committee on Judiciary, and when received at the desk, refer the Bill to the Committee on Education and Public Works.

Rep. SIMPSON objected.

OBJECTION TO MOTION

Rep. MOSS asked unanimous consent to recommit H. 3585 to the Committee on Medical, Military, Public and Municipal Affairs.

Rep. SIMPSON objected.

OBJECTION TO RECALL

Rep. HASKINS asked unanimous consent to recall H. 3618 from the Committee on Agriculture and Natural Resources.

Rep. G. BROWN objected.

OBJECTION TO MOTION

Rep. TUCKER asked unanimous consent to recommit S. 1049 to the Committee on Medical, Military, Public and Municipal Affairs.

Rep. SIMPSON objected.

OBJECTION TO RECALL

Rep. WILKES asked unanimous consent to recall S. 1547 from the Committee on Ways and Means.

Rep. SIMPSON objected.

STATEMENT BY REP. KLAPMAN

Rep. KLAPMAN, with unanimous consent, made a short statement relative to an article in the State Newspaper.

STATEMENT BY REP. BEASLEY

Rep. BEASLEY, with unanimous consent, made a short statement relative to an article in the State Newspaper.

S. 710--MOTION TO RECONSIDER TABLED

The motion of Rep. HAYES to reconsider the vote whereby the following Bill was continued was taken up.

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

Rep. DAVENPORT moved to table the motion to reconsider.

Rep. J.C. JOHNSON demanded the yeas and nays, which were not ordered.

The motion to reconsider was tabled by a division vote of 46 to 5.

H. 4444--SENATE AMENDMENTS CONCURRED IN AND
BILL ENROLLED

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

H. 4444 -- Reps. P. Harris, Blackwell, Waldrop, Felder, Ferguson, Moss, Cooper and White: A BILL TO AMEND SECTION 62-5-304, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF A GUARDIAN FOR AN INCAPACITATED PERSON, SO AS TO DEFINE THE COURT'S AUTHORITY PERTAINING TO THE PERSON AND THE APPOINTMENT OF A GUARDIAN; SECTION 62-5-309, RELATING TO NOTICES IN A GUARDIANSHIP PROCEEDING, SO AS TO REQUIRE NOTICE TO AN ATTORNEY IN FACT UNDER A DURABLE POWER OF ATTORNEY; SECTION 62-5-310, RELATING TO THE COURT EXERCISING GUARDIAN POWERS AND A TEMPORARY GUARDIAN, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES UNDER WHICH THE POWERS ARE EXERCISED AND A TEMPORARY GUARDIAN IS APPOINTED, DEFINE EMERGENCY, AND PROVIDE FOR NOTICE AND HEARING AFTER THE APPOINTMENT; SECTION 62-5-311, RELATING TO GUARDIANS, SO AS TO PROVIDE FOR ADDITIONAL PERSONS WHO MAY BE APPOINTED AS GUARDIAN SUBJECT TO A FINDING OF GOOD CAUSE INSTEAD OF THE COURT'S DISCRETION; AND SECTION 62-5-501, RELATING TO THE APPOINTMENT OF A POWER OF ATTORNEY NOT AFFECTED BY PHYSICAL DISABILITY OR MENTAL INCOMPETENCE, SO AS TO REVISE THE REQUIREMENTS FOR THE CONTENT OF THE APPOINTMENT AND PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A POWER IS TERMINATED.

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. 1114--SENATE AMENDMENTS CONCURRED IN AND
BILL ENROLLED

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

S. 1114 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-75-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO WINDSTORM AND HAIL INSURANCE; SECTION 38-75-320, RELATING TO THE PURPOSE OF THE WINDSTORM AND HAIL INSURANCE PROVISIONS; AND SECTION 38-75-330, RELATING TO THE CREATION AND MEMBERS OF THE WINDSTORM AND HAIL UNDERWRITING ASSOCIATION, SO AS TO CHANGE THE REFERENCES TO WINDSTORM TO WIND.

Rep. KOHN explained the amendment.

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

H. 3700--SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

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

H. 3700 -- Reps. Felder, R. Brown, G. Bailey, Nettles, Altman and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-270 SO AS TO DECLARE THAT ALL PSYCHOLOGICAL IMPACTS OR STIGMAS WHICH ARE ASSOCIATED WITH REAL PROPERTY ARE NOT MATERIAL FACTS AND NEED NOT BE DISCLOSED TO A POTENTIAL PURCHASER OR LESSEE.

Rep. WILKINS explained the Senate amendment.

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

S. 689--SENATE AMENDMENTS CONCURRED IN
AND JOINT RESOLUTION ENROLLED

The Senate amendments to the following Joint Resolution were taken up for consideration.

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.

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

H. 3121--DEBATE ADJOURNED

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

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.

Rep. WILKINS explained the Senate amendment and moved to adjourn debate upon the Senate amendments until Thursday, May 3, which was adopted.

H. 3104--NON-CONCURRENCE IN SENATE AMENDMENTS

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

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

Rep. WILKINS explained the Senate amendment.

The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.

S. 1137--SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

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

S. 1137 -- Senators McLeod, Lourie, Nell W. Smith, Leatherman and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 66 TO TITLE 44 SO AS TO PROVIDE FOR THE ADULT HEALTH CARE CONSENT ACT.

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

H. 3768--DEBATE ADJOURNED

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

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

Rep. ALTMAN moved to adjourn debate upon the Senate amendments until Thursday, May 3, which was adopted.

SENT TO THE SENATE

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

H. 5059 -- Reps. Holt, J. Bailey, Barber, Hallman, Mappus, D. Martin, Rama, Washington, Whipper and Winstead: A BILL TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1990-91 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1990-91.

H. 4964--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 4964 -- Rep. Kirsh: A CONCURRENT RESOLUTION REQUESTING THE JOINT OPERATIONS AND MANAGEMENT COMMITTEE TO ESTABLISH A PROGRAM TO ORIENT NEWLY ELECTED MEMBERS OF THE GENERAL ASSEMBLY ABOUT THE OPERATIONS OF AGENCIES OF THE STATE OF SOUTH CAROLINA, TO PROVIDE THAT THE PROGRAM SHALL SUPPLEMENT ANY ORIENTATION PROVIDED BY THE HOUSE OR SENATE ABOUT ITS INTERNAL OPERATIONS, TO PROVIDE THAT THE MEMBERS PARTICIPATING IN THE PROGRAM ARE AUTHORIZED PER DIEM, MILEAGE, AND SUBSISTENCE TO BE PAID FROM THE APPROVED ACCOUNTS OF THE HOUSE OR SENATE AND TO PROVIDE THAT THE JOINT OPERATIONS AND MANAGEMENT COMMITTEE IMPLEMENT THIS ORIENTATION PROGRAM FOR NEWLY ELECTED MEMBERS IN THE 1990 GENERAL ELECTION AND FOR EVERY GENERAL ELECTION CONDUCTED AFTER 1990.

Whereas, it is the general policy of this State to provide members of the General Assembly the orientation and information needed for legislators to make informed decisions. Now, therefore,

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

That the Joint Operations and Management Committee is requested to establish a program to orient newly elected members of the General Assembly about the operations of agencies of this State. The committee is responsible for approving the content of the program and may designate the agency or institution it considers appropriate to administer the program. The program must supplement any orientation provided by the House or the Senate about its internal operations.

The program must focus on the purpose, structure, funding, and operations of the agencies, institutions, departments, divisions, and offices of this State, which shall cooperate with the Joint Operations and Management Committee in making necessary presentations and arranging visitations to any facility.

The members participating in the program are authorized per diem, mileage, and subsistence at the rate established for members of the General Assembly to be paid from the approved accounts of the House or Senate.

The Joint Operations and Management Committee shall take steps as necessary to implement this orientation program for members newly elected in the 1990 general election and for the general elections conducted after 1990. Incumbent members of the General Assembly may participate in this program on the same basis as newly elected members of the General Assembly.

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

S. 1477--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

S. 1477 -- Senators McConnell, Martschink, Passailaigue and Fielding: A CONCURRENT RESOLUTION TO INFORM THE SOUTH CAROLINA CONGRESSIONAL DELEGATION OF SOUTH CAROLINA'S CONCERN REGARDING THE URGENCY TO INTRODUCE AND SUPPORT LEGISLATION IMPLEMENTING THE NECESSARY FEDERAL PROGRAMS TO SAVE AND RESTORE FOLLY ISLAND AND FOLLY BEACH AND REPAIR THE DAMAGE CAUSED BY JETTIES.

Whereas, Folly Island and Folly Beach have great potential to serve as a public beach and ocean access for the tri-county area including Berkeley, Charleston, and Dorchester Counties; and

Whereas, Folly Island and Folly Beach should be part of the overall economic growth in the tri-county area because of the recreational and tourist value; and

Whereas, all of the people of South Carolina are concerned about beach erosion and the need to insure that anything done in this matter is in concert with an overall plan and is compatible with nature; and

Whereas, since 1878 when the jetties were first cut into Charleston Harbor to aid navigation, Folly Beach literally has been crumbling into the Atlantic Ocean, and the coast along Folly Beach is vanishing at the rate of 4.2 feet a year; and

Whereas, consultants have indicated that without the jetties, Folly Beach would have more than 810 feet of beach equal to 545 acres of oceanfront property; and

Whereas, the consultants have indicated that there is a need for an aggressive beach renourishment program which requires the participation of the federal government and the United States Corps of Engineers; and

Whereas, the members of the General Assembly believe that beach renourishment for Folly Beach must be aided and implemented as soon as possible. Now, therefore,

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

That the members of the General Assembly wish to inform the South Carolina Congressional Delegation of South Carolina's concern regarding the urgency to introduce and support legislation implementing the necessary federal programs to save and restore Folly Island and Folly Beach and repair the damage caused by jetties.

Be it further resolved that a copy of this resolution be forwarded to the Congressional Delegation of South Carolina at Washington, D.C.

The Concurrent Resolution was adopted and ordered returned to the Senate.

S. 1505--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

S. 1505 -- Senators Horace C. Smith, Waddell, Leatherman, Moore and J. Verne Smith: A CONCURRENT RESOLUTION EXPRESSING THE INTENTION OF THE GENERAL ASSEMBLY TO MAKE AVAILABLE TO THE OFFICE OF THE ADJUTANT GENERAL AUTHORIZATIONS FOR CAPITAL IMPROVEMENT BONDS FOR THE 251ST EVACUATION HOSPITAL ARMORY AND THE 51ST AVIATION GROUP ARMORY PROJECT.

Whereas, the General Assembly recognizes that there is a need for state matching funds in order to receive federal funds for the construction of two armories; and

Whereas, the state matching funds for these capital improvement projects are not available immediately; and

Whereas, the General Assembly has the intention of providing to the federal government these needed funds. Now, therefore,

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

That the members of the General Assembly use this concurrent resolution as a means of indicating to the Office of the Adjutant General their intention to make available to it authorizations for capital improvement bonds in the amounts of one hundred seventy-three thousand dollars for the 251st Evacuation Hospital Armory and five hundred forty-one thousand dollars for the 51st Aviation Group Armory project.

Be it further resolved that it is the intent of the General Assembly to provide these authorizations in the next bond bill.

Be it further resolved that a copy of this resolution be forwarded to Adjutant General Major General T. Eston Marchant, Office of the Adjutant General.

The Concurrent Resolution was adopted and ordered returned to the Senate.

MOTION PERIOD
S. 1405, S. 1547, S. 966, S. 243--RECALLED
H. 3585--RECOMMITTED

Rep. TUCKER moved to recommit S. 1049 to the Medical, Military, Public and Municipal Affairs Committee.

As a first substitute Rep. SIMPSON moved to recall H. 3618 from the Agriculture and Natural Resources Committee.

As a second substitute Rep. CORBETT moved to recall S. 1405 from the Ways and Means Committee, which was agreed to.

Rep. TUCKER moved to recommit S. 1049 to the Medical, Military, Public and Municipal Affairs Committee.

As a first substitute Rep. WINSTEAD moved to dispense with the balance of the Motion Period.

As a second substitute Rep. McEACHIN moved to recall H. 3171 from the Agriculture and Natural Resources Committee, which was rejected by a division vote of 23 to 31.

As a second substitute Rep. McABEE moved to recall S. 1547 from the Ways and Means Committee, which was agreed to.

Rep. FELDER moved to recall S. 966 from the Medical, Military, Public and Municipal Affairs Committee, which was agreed to.

Rep. RUDNICK moved to recall H. 4188 from the Ways and Means Committee.

As a first substitute Rep. TUCKER moved to recommit S. 1049 to the Medical, Military, Public and Municipal Affairs Committee.

As a second substitute Rep. WINSTEAD moved to dispense with the balance of the Motion Period, which was rejected.

As a second substitute Rep. L. MARTIN moved to recall H. 3618 from the Agriculture and Natural Resources Committee.

Rep. CARNELL moved to table the motion, which was agreed to by a division vote of 38 to 35.

As a second substitute Rep. FELDER moved to recommit H. 3585 to the Medical, Military, Public and Municipal Affairs Committee, which was agreed to.

Rep. M.O. ALEXANDER moved to recall S. 243 from the Agriculture and Natural Resources Committee.

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

Yeas 74; Nays 13

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, K.             Barber
Barfield               Baxley                 Bennett
Blackwell              Brown, G.              Brown, H.
Brown, R.              Bruce                  Chamblee
Clyborne               Cole                   Cooper
Corbett                Cork                   Corning
Davenport              Derrick                Elliott
Faber                  Fair                   Fant
Farr                   Hallman                Harris, J.
Harrison               Harwell                Haskins
Jaskwhich              Johnson, J.C.          Kay
Keegan                 Keyserling             Klapman
Koon                   Littlejohn             Manly
Mappus                 Martin, L.             McBride
McEachin               McGinnis               McKay
McLellan               Neilson                Nettles
Phillips               Quinn                  Rama
Rhoad                  Rogers, J.             Rogers, T.
Rudnick                Sheheen                Simpson
Snow                   Townsend               Tucker
Vaughn                 Waites                 Waldrop
Wells                  Whipper                White
Wilder                 Wilkes                 Wilkins
Williams, J.           Wofford

Total--74

Those who voted in the negative are:

Boan                   Burch                  Carnell
Felder                 Johnson, J.W.          Keesley
Kohn                   Limehouse              McAbee
Moss                   Smith                  Taylor
Winstead

Total--13

So, the motion to recall S. 243 was agreed to.

Further proceedings were interrupted by expiration of the Motion Period.

SPECIAL PRESENTATION

Rep. T. ROGERS, on behalf of the Richland Delegation presented the Eau Claire Richland District I Academic Bowl Competition Champions.

Rep. TAYLOR, on behalf of the Richland Delegation presented the Eau Claire Shamrock Boys Basketball Team, the 1990 State Class AAAA Basketball Champions and their coaches.

H. 4131--DEBATE ADJOURNED

Rep. QUINN moved to adjourn debate upon the following Bill until Thursday, May 3, which was adopted.

H. 4131 -- Rep. Quinn: A BILL TO AMEND ACT 140 OF 1969, AS AMENDED, RELATING TO SCHOOL DISTRICTS AND THE COUNTY LIBRARY IN RICHLAND COUNTY, SO AS TO PROVIDE THAT BEFORE THE ALTERATION OF THE BOUNDARIES OF THE SCHOOL DISTRICTS IN RICHLAND COUNTY, A REFERENDUM IN EACH SCHOOL DISTRICT IN RICHLAND COUNTY AFFECTED BY THE CHANGE MUST BE CONDUCTED, PROVIDE FOR A METHOD OF INITIATING THE REFERENDUM, PROVIDE THAT THE RICHLAND COUNTY LEGISLATIVE DELEGATION SHALL INTRODUCE APPROPRIATE LEGISLATION ADDRESSING THE ALTERATION OF THE BOUNDARIES OF THE SCHOOL DISTRICTS IN THE COUNTY IF A MAJORITY OF THE QUALIFIED ELECTORS IN EACH DISTRICT AFFECTED BY THE CHANGE IN RICHLAND COUNTY FAVOR THEIR ALTERATION, PROVIDE A SCHEDULE FOR CONDUCTING THE REFERENDUM, AND TO PROVIDE THAT IF THE GENERAL ASSEMBLY BY ACT ALTERS ANY SCHOOL DISTRICT BOUNDARIES IN RICHLAND COUNTY OTHER THAN AS PROVIDED ABOVE, THESE ALTERATIONS MUST BE APPROVED BY THE QUALIFIED ELECTORS OF THE DISTRICTS CONCERNED BEFORE THEY MAY TAKE EFFECT.

RECURRENCE TO THE MORNING HOUR

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

REPORTS OF STANDING COMMITTEE

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

H. 4677 -- Reps. Gregory, Kirsh, Short, Fair, J. Brown, McLellan, Wilkins and Klapman: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA CEMETERY BOARD FOR SIX YEARS AND TO AMEND SECTIONS 39-55-55, 39-55-95, 39-55-125, AND 39-55-185, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CEMETERIES, SO AS TO DELETE THE PROVISION THAT TWO MEMBERS OF THE SOUTH CAROLINA CEMETERY BOARD MUST BE NOMINATED BY THE SOUTH CAROLINA CEMETERY ASSOCIATION AND TO PROVIDE THAT NOMINATIONS MAY BE RECEIVED FROM ANY INDIVIDUAL, GROUP, OR ASSOCIATION, TO REQUIRE A CEMETERY GENERAL MANAGER TO HAVE ONE YEAR'S EXPERIENCE INSTEAD OF TWO YEARS' EXPERIENCE, TO PROVIDE FOR REGULATIONS TO REGULATE MERCHANDISE OR MONUMENTS INSTALLED IN A CEMETERY, TO REGULATE THE PLACEMENT OF MONUMENTS OR MARKERS, TO REGULATE FEES, TO REQUIRE INSURANCE ON INSTALLERS OF MONUMENTS OR MARKERS, AND TO REQUIRE FINANCIAL REPORTS TO BE SIGNED BY A LICENSED ACCOUNTANT.

Ordered for consideration tomorrow.

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

S. 974 -- Senators Rose and Wilson: A BILL TO AMEND CHAPTER 13, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 SO AS TO PROVIDE FOR ELECTRONIC HOME DETENTION AS AN ALTERNATIVE TO PRISON INCARCERATION.

Ordered for consideration tomorrow.

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

S. 1167 -- Senators Bryan, Hayes, Peeler and Fielding: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO TITLE 44 SO AS TO PROVIDE FOR THE MENTAL RETARDATION AND RELATED DISABILITIES ACT BY SETTING FORTH THE ORGANIZATION AND A SYSTEM FOR THE DELIVERY OF SERVICES, REQUIREMENTS FOR LICENSURE AND REGULATION OF FACILITIES AND PROGRAMS, AND CAPITAL IMPROVEMENTS FOR MENTAL RETARDATION; TO REPEAL CHAPTER 19, TITLE 44 RELATING TO THE STATE MENTAL RETARDATION DEPARTMENT AND CHAPTER 21, TITLE 44 RELATING TO THE CARE AND COMMITMENT OF MENTALLY RETARDED PERSONS.

Ordered for consideration tomorrow.

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

S. 1238 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE FOR SIX YEARS; TO AMEND SECTIONS 40-19-20, 40-19-100, 40-19-170, AND 40-19-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMBALMERS AND FUNERAL DIRECTORS, SO AS TO DECREASE THE NUMBER OF MEMBERS OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE FROM ELEVEN TO NINE AND TO CHANGE THE METHOD FOR THEIR APPOINTMENT, TO CHANGE QUALIFICATIONS FOR LICENSURE, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROHIBIT LICENSEES FROM SERVING AS CORONERS; TO EXEMPT BUSINESSES LICENSED TO PROVIDE FUNERAL SERVICE BEFORE JANUARY 1, 1984, FROM FACILITY REQUIREMENTS; AND TO REPEAL SECTION 40-19-230 RELATING TO PARKING SPACE REQUIREMENTS.

Ordered for consideration tomorrow.

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

S. 1267 -- Senators Giese, Rose, Gilbert, Hinson, Long, Lee, J. Verne Smith, Shealy, Martschink, Helmly, Stilwell and Passailaigue: A BILL TO AMEND SECTION 40-43-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RENEWAL OF LICENSES FOR PHARMACISTS, FEES, AND REINSTATEMENT OF LAPSED LICENSES, SO AS TO ALLOW THE STATE BOARD OF PHARMACY TO ISSUE AN INACTIVE STATUS LICENSE TO A LICENSED PHARMACIST NOT ACTIVELY ENGAGED IN THE PRACTICE OF PHARMACY IN THE STATE, AND PROVIDE FOR THE REACTIVATION OF THE PHARMACIST'S LICENSE; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 40-43-265 SO AS TO PERMIT THE BOARD TO REFUSE TO GRANT A LICENSE TO PRACTICE PHARMACY TO AN OTHERWISE QUALIFIED PERSON UPON ANY OF THE GROUNDS FOR WHICH A LICENSE CAN BE REVOKED OR SUSPENDED, AND 40-43-270 SO AS TO PROVIDE THAT ACTS OR OMISSIONS BY A LICENSEE CAUSING THE DENIAL, REVOCATION, SUSPENSION, OR RESTRICTION OF A LICENSE TO PRACTICE PHARMACY IN ANOTHER STATE SUPPORT THE ISSUANCE OF A FORMAL COMPLAINT AND THE COMMENCEMENT OF DISCIPLINARY PROCEEDINGS AS SET FORTH IN SECTION 40-43-260.

Ordered for consideration tomorrow.

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

S. 1474 -- Corrections and Penology Committee: A BILL TO AMEND SECTION 24-21-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAROLE, SO AS TO REQUIRE THE PAROLE BOARD TO REVIEW A PRISONER'S DISCIPLINARY RECORD IN DETERMINING WHETHER TO AUTHORIZE PAROLE AND TO PROVIDE THAT A PRISONER'S IN-PRISON DISCIPLINARY RECORD IS SUBJECT TO THE PROVISIONS OF CHAPTER 4 OF TITLE 30.

Ordered for consideration tomorrow.

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

S. 1533 -- Senator Peeler: A BILL TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING APPROVED CHILD SUPPORT PLANS, SO AS TO PROVIDE THAT WHEN A FAMILY CEASES RECEIVING PUBLIC ASSISTANCE WHEN AN ASSIGNMENT HAS BEEN MADE IT CONVERTS TO A NONPUBLIC ASSISTANCE ASSIGNMENT AND THE RECIPIENT MAY SUBMIT A WRITTEN REQUEST TO HAVE THE ASSIGNMENT TERMINATED.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 5075 -- Reps. Kay, T.C. Alexander, Chamblee, Cooper, P. Harris, McLellan, Townsend and Tucker: A CONCURRENT RESOLUTION TO COMMEND L. DANNY SHAW, PRINCIPAL OF CALHOUN STREET ELEMENTARY SCHOOL OF ANDERSON SCHOOL DISTRICT 5 FOR HIS OUTSTANDING CONTRIBUTION TO EDUCATION AS PRESIDENT OF THE SOUTH CAROLINA ASSOCIATION OF ELEMENTARY AND MIDDLE SCHOOL PRINCIPALS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5076 -- Reps. Tucker, Quinn, Fant, Townsend, Kay, P. Harris, Hendricks, Beasley, Cooper, T.M. Burriss, Chamblee, Simpson, L. Martin, McLellan, Mattos, Harrison, Limehouse, Rama, Corbett, G. Bailey, Farr, Haskins, Vaughn, T.C. Alexander, Phillips, McAbee, Wright and Carnell: A CONCURRENT RESOLUTION TO REQUEST THAT THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY NAME THE BASEBALL FIELD AT THE UNIVERSITY BILL WILHELM FIELD.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5077 -- Reps. Klapman, Keyserling, Harrison, T. Rogers, Quinn, Sturkie, Nesbitt, Koon, Rama, Keegan, M.D. Burriss, T.M. Burriss, Taylor, Barber, Mappus, Foster, Winstead, Hallman, Wright, Derrick, McElveen, Keesley, Burch, Cork, Corning, Waites and McBride: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF COUNTRY AND BLUEGRASS MUSICIAN DEWITT "SNUFFY" JENKINS OF COLUMBIA, UPON HIS DEATH.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5078 -- Reps. Tucker, Townsend, Kay, Blackwell, H. Brown, Quinn, Harrison, M.D. Burriss, Simpson, P. Harris, T.C. Alexander, Hendricks, Fant, Cooper, McLellan, T.M. Burriss, Chamblee, L. Martin, Phillips, Barber, Wofford, Rama, Mattos, Baxley, Farr, Cole, Wells, Neilson, Nettles, Beasley, Wright, Corbett, Limehouse, Haskins, G. Bailey, J. Rogers, Vaughn, McAbee and Carnell: A CONCURRENT RESOLUTION TO CONGRATULATE CLEMSON UNIVERSITY BASEBALL COACH BILL WILHELM UPON HIS ONE THOUSANDTH CAREER VICTORY AND TO WISH HIM WELL AS HE CONTINUES TO DISTINGUISH HIMSELF, CLEMSON UNIVERSITY, AND THE PALMETTO STATE.

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

H. 4179--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up.

H. 4179 -- Rep. Kirsh: A BILL TO AMEND SECTION 56-5-4580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL LIGHTING EQUIPMENT REQUIRED ON BUSES, TRUCKS, TRAILERS, SEMITRAILERS, AND POLE TRAILERS, SO AS TO REQUIRE EVERY TRAILER AND SEMITRAILER, RATHER THAN JUST THOSE OVER THREE THOUSAND POUNDS OF GROSS WEIGHT, TO HAVE CERTAIN LIGHTING EQUIPMENT, INCLUDING A STOP LIGHT.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 1664X), which was adopted.

Amend the bill, as and if amended, by striking Section 56-5-4580 of the 1976 Code, as contained in SECTION 1, and inserting:

/Section 56-5-4580.     In addition to other equipment required in this chapter, the following vehicles shall must be equipped as herein stated stated in this section under the conditions stated in Section 56-5-4570;:

(1)     on every bus or truck, whatever its size, there shall be on the rear, two reflectors, one on each side on the rear, and one stop light,;

(2)     on every bus or truck eighty inches or more in overall width, in addition to the requirements in item (1),;

(a)     on the front, two clearance lamps, one at each side,;

(b)     on the rear, two clearance lamps, one at each side,;

(c)     on each side, two side-marker lamps, one at or near the front and one at or near the rear; and

(d)     on each side, two reflectors, one at or near the front and one at or near the rear;

(3)     on every truck tractor,:

(a)     on the front, two clearance lamps, one at each side; and

(b)     on the rear, one stop light;

(4)     on every trailer or semitrailer having a gross weight in excess of three thousand pounds,:

(a)     on the front, two clearance lamps, one at each side,;

(b)     on each side, two side-marker lamps, one at or near the front and one at or near the rear,;

(c)     on each side, two reflectors, one at or near the front and one at or near the rear and;

(d)     on the rear, two clearance lamps, one at each side, and also two reflectors, one at each side, and one stop light;

(5)     on every pole trailer in excess of three thousand pounds gross weight,:

(a)     on each side, one side-marker lamp and one clearance lamp, which may be in combination, to show to the front, side, and rear and;

(b)     on the rear of the pole trailer or load, two reflectors, one at each side; and

(6)     on every trailer, semitrailer, or pole trailer weighing three thousand pounds gross or less there shall must be on the rear two reflectors, one on each side. If any trailer or semitrailer is so loaded or is of such those dimensions as to obscure the stop light on the towing vehicle then such the vehicle shall must also be equipped with one stop light. Additionally, if the trailer or semitrailer is operated during the times specified in Section 56-5-4450, it must be equipped as provided in subsection (4) of this section./

Amend title to conform.

Rep. ALTMAN explained the amendment.

The amendment was then adopted.

Rep. RUDNICK proposed the following Amendment No. 4 (Doc. No. 1777X).

Amend the Report of the Committee on Education and Public Works, as and if amended, by adding an appropriately numbered section to read:

/SECTION ___.     Section 56-5-4100(E) of the 1976 Code, added by Act 532 of 1988, is amended to read:

"(E)     Any A person who violates the provisions of subsection subsection (A), (B), (C), or (D), is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars."/

Renumber sections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

POINT OF ORDER

Rep. ALTMAN raised the Point of Order that Amendment No. 4 was out of order as it was not germane to the Bill.

Rep. RUDNICK argued contra the Point.

The SPEAKER stated that the Amendment dealt with the same Code Section and he overruled the Point of Order.

Rep. RUDNICK continued speaking.

Rep. WALDROP moved to table the amendment, which was not agreed to by a division vote of 22 to 26.

Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of Amendment No. 4, Rep. RUDNICK having the floor.

JOINT ASSEMBLY

At 12:00 Noon the Senate appeared in the Hall of the House.

The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

ELECTION OF HEALTH AND HUMAN SERVICES
FINANCE COMMISSION MEMBERS

The Reading Clerk of the Senate read the following Concurrent Resolution:

S. 1357 -- Senator Macaulay: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 2, 1990, AT 12:00 NOON, AS THE TIME FOR ELECTING SUCCESSORS TO THE MEMBERS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION FROM THE FIRST, THIRD, AND FIFTH CONGRESSIONAL DISTRICTS.

FIRST AND FIFTH CONGRESSIONAL DISTRICTS

The President announced that nominations were in order for members of the Commission from the First and Fifth Congressional District.

Senator Macaulay, on behalf of the Joint Screening Committee, nominated Mr. George Pinckney Knight of Harleyville for the First Congressional District and Mr. James Thomas McCray for the Fifth Congressional District.

On motion of Senator Macaulay, nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominees.

Whereupon, the President announced that Mr. George Pinckney Knight and Mr. James Thomas McCray were duly elected for the terms prescribed by law.

THIRD CONGRESSIONAL DISTRICT

The President announced that nominations were in order for a member from the Third Congressional District.

Senator Macaulay, on behalf of the Joint Screening Committee, nominated Ms. Mary Catherine L. Scott of Easley and Mr. George Fred Tolly, Jr. of Anderson.

Rep. P. HARRIS nominated George Fred Tolly, Jr. as follows:

"Mr. President, members of the Joint Assembly...It is with much pride and pleasure that I rise to place in nomination for the Health and Human Service Finance Commission from the third district, the name of Mr. G. Fred Tolly. Mr. Tolly is a native of Anderson. He is president of the Savings and Loan, has served on our hospital board for ten years, is presently serving there, and he has a good and thorough knowledge of the healthcare needs and our Health and Human Service Finance Commission is responsible for so many dollars that are involved in healthcare. I think we really need a person with some background and experience in finance and hospital administration, which he would lend those qualifications admirably to this office. It is with a great deal of pride that I place in nomination the name of Mr. George Fred Tolly."

Rep. COOPER and Senator Mullinax seconded the nomination of Mr. Tolly.

Rep. HENDRICKS and Senator N. W. Smith seconded the nomination of Ms. Scott.

On motion of Senator Macaulay, nominations were closed.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Ms. Scott:

Courson                Giese                  Gilbert
Hinds                  Hinson                 Holland
Land                   Leventis               Martin
Matthews               McLeod                 Moore
Passailaigue           Peeler                 Pope
Shealy                 Smith, H.C.            Smith, J.V.
Smith, N.W.            Stilwell               Thomas
Williams               Wilson

Total--23

The following named Senators voted for Mr. Tolly:

Bryan                  Drummond               Fielding
Leatherman             Lee                    Long
Lourie                 Macaulay               Martschink
McConnell              McGill                 Mitchell
Mullinax               O'Dell                 Patterson
Rose                   Russell                Saleeby
Setzler

Total--19

On motion of Rep. BLACKWELL, with unanimous consent, the members of the House voted by electronic roll call:

The following named Representatives voted for Ms. Scott:

Alexander, M.O.        Altman                 Bailey, J.
Baker                  Barber                 Brown, H.
Bruce                  Burriss, T.M.          Clyborne
Corbett                Faber                  Fair
Gentry                 Glover                 Haskins
Hendricks              Jaskwhich              Johnson, J.W.
Keegan                 Klapman                Koon
Lanford                Littlejohn             Manly
Mappus                 Martin, L.             Mattos
McCain                 McGinnis               Rogers, T.
Sheheen                Simpson                Smith
Sturkie                Waites                 Wells
Whipper                Wilkins                Wofford
Wright

Total--40

The following named Representatives voted for Mr. Tolly:

Alexander, T.C.        Barfield               Baxley
Beasley                Blackwell              Blanding
Boan                   Brown, G.              Brown, J.
Burch                  Carnell                Chamblee
Cole                   Cooper                 Cork
Davenport              Derrick                Farr
Felder                 Foster                 Hallman
Harris, J.             Harris, P.             Harrison
Hodges                 Holt                   Johnson, J.C.
Kay                    Keesley                Keyserling
Kirsh                  Kohn                   Martin, D.
McAbee                 McBride                McKay
McLellan               McLeod                 McTeer
Moss                   Neilson                Nesbitt
Nettles                Phillips               Quinn
Rama                   Rhoad                  Rudnick
Snow                   Townsend               Tucker
Vaughn                 Waldrop                White
Wilder                 Wilkes                 Williams, J.

Total--57
RECAPITULATION

Total Number of Senators voting     42
Total Number of Representatives voting     97
Grand Total     139
Necessary to a choice     70

Of which Ms. Scott received     63

Of which Mr. Tolly received     76

Whereupon, the President announced that Mr. George Fred Tolly, Jr., having received a majority of the votes cast, was duly elected for the term prescribed by law.

ELECTION OF OLD EXCHANGE BUILDING
COMMISSION MEMBER

The Reading Clerk of the Senate read the following Concurrent Resolution:

H. 4734 -- Reps. J. Bailey and Holt: A CONCURRENT RESOLUTION TO FIX TWELVE O'CLOCK NOON ON WEDNESDAY, MAY 2, 1990, AS THE TIME FOR ELECTING A MEMBER OF THE OLD EXCHANGE BUILDING COMMISSION TO SERVE THE UNEXPIRED TERM OF THE MEMBER OF THE COMMISSION WHO HAS RESIGNED.

The President announced that nominations were in order for a member of the Old Exchange Building Commission.

POINT OF ORDER

Rep. HASKINS raised the Point of Order that the election set to elect a member of the Old Exchange Building Commission was out of order as the law which created the Old Exchange Building Commission did not provide for a method to fill a vacancy on the Commission and that when the vacancy occurred, the Attorney General's office was consulted and the Attorney General issued an opinion on December 6, 1989 advising the Governor's office, since the law did not provide a mechanism for filling a vacancy, to appoint a replacement to fill the vacancy for the remainder of the term. He further stated that on January 5, 1990, the Governor appointed Dr. John Coussons to fill the vacancy and to continue until the term expired on July 30, 1994. He further stated, citing South Carolina Code Section 1-3-220, that the officer should be appointed by the Governor to fill any vacancy in an office of the executive department occurring during a recess of the General Assembly and that term of such appointment shall be until the vacancy is filled by general election or by the General Assembly in the mode provided by law and in this case, the only mode provided by law is for the General Assembly to elect on the dates that the terms come up, and there is no provision to allow the General Assembly to elect a replacement in mid-term.

Rep. J. ROGERS stated, citing Code Section 1-3-220, Subsection (1), that the statute did provide for the Governor to make the appointment when the General Assembly was in recess, but once the General Assembly came back into session, that they would be entitled to fill the vacancy.

Rep. HASKINS further argued that the subsection cited stated that the term of such appointment shall be until the vacancy is filled by a general election or by the General Assembly in the mode provided by law and that the Attorney General's opinion had stated that the General Assembly might consider legislation to provide a mechanism for filling vacancies of the Commission as its enabling legislation was silent as to the filling of vacancies and therefore, there was no mode provided by law to fill the vacancies.

Rep. J. ROGERS further stated that the precedence was that when a vacancy occurs and the Governor fills it during the interim, that the General Assembly would elect a person to fill the position when they came back into session.

Rep. HASKINS further stated that there was no precedence for this Commission and therefore, the General Assembly would be bound to the law.

Senator Williams stated that if there was no provision, then with the Attorney General's opinion, the Governor had the right to make the appointment for the unexpired term.

LT. GOVERNOR THEODORE stated that the resolution to set a time for this election had been passed by both Houses and that was the purpose of this Joint Assembly, and he overruled the Point of Order and ordered that the General Assembly proceede to the election.

Rep. HASKINS moved that the Joint Assembly do now adjourn, which was rejected.

Rep. J. BAILEY nominated Mrs. Lavonne N. Phillips of Charleston as follows.

"Mr. President, members of the General Assembly...For several days, you have been receiving various pieces of information regarding the Old Exchange Building Commission and this election. One such piece of correspondence came from Rep. Keyserling and the Joint Cultural Affairs Committee, and she correctly pointed out that her committee had been following the affairs of the Old Exchange Building for several years, particularly the problems that have been inherent almost since the inception of this Commission. But, today, as the representative from the House of Representatives to the Old Exchange Commission...When you talk about the budget, all of the morale of the personnel and the programs and the direction which they are heading and the community involvement and the Old Exchange Building, it is very antithesis of what occurred a year or more ago. However, what is still missing, in the Old Exchange Building and the Commission is the involvement of the historic groups and the preservation groups in Charleston. It is with that in mind, that when I heard that there would be a vacancy, that I asked the Charleston Historic Foundation to submit a name to me which I would be honored to submit for consideration. The name of Mrs. Ashton Phillips was given to me. Mrs. Phillips is the long-time member of the Board of Directors of the Charleston Historic Foundation, known throughout the state, the region and indeed, the nation for her devotion and energy towards the preservation ethics. Keeping in mind that the Old Exchange Building is one of the three most important buildings in America, I would ask you to concur with the Charleston Historic Foundation and indeed, the majority of the Charleston Delegation to put the the name of Lavone Phillips, Mrs. Ashton Phillips, to fill the vacancy. I submit Mrs. Phillips' name for consideration."

Rep. KOHN nominated Dr. John S. Coussons of Charleston as follows:

"I noticed that Governor Campbell gave a name to the Secretary of State, appointing Dr. John Coussons, a graduate of the Citadel in Charleston. I have tried to check about him, but I am not familiar with much about him, but if the Governor thought highly enough of him to appoint him to the Commission, then I would like to place Governor Campbell's selection of Dr. John Coussons in nomination."

Senator Williams seconded the nomination of Dr. Coussons.

On motion of Rep. FOSTER, nominations were closed.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Ms. Phillips:

Bryan                  Fielding               Gilbert
Hinds                  Land                   Leventis
Lourie                 Matthews               Mitchell
Passailaigue           Patterson              Saleeby

Total--12

The following named Senators voted for Mr. Coussons:

Drummond               Giese                  Leatherman
Lee                    Long                   Macaulay
Martin                 Martschink             McConnell
McGill                 McLeod                 Moore
Mullinax               O'Dell                 Peeler
Pope                   Rose                   Smith, H.C.
Williams               Wilson

Total--20

On motion of Rep. BLACKWELL, with unanimous consent, the members of the House voted by electronic roll call:

The following named Representatives voted for Ms. Phillips:

Altman                 Bailey, J.             Barber
Beasley                Blanding               Boan
Brown, G.              Brown, J.              Carnell
Chamblee               Faber                  Farr
Foster                 Gentry                 Harris, P.
Harvin                 Hendricks              Holt
Johnson, J.C.          Johnson, J.W.          Keesley
Keyserling             Kirsh                  Manly
Martin, D.             McAbee                 McBride
McLeod                 Nesbitt                Phillips
Rogers, J.             Rogers, T.             Rudnick
Sheheen                Smith                  Snow
Taylor                 Tucker                 Waites
Waldrop                Whipper                White
Wilkes

Total--43

The following named Representatives voted for Mr. Coussons:

Alexander, M.O.        Alexander, T.C.        Baker
Barfield               Blackwell              Bruce
Burriss, T.M.          Clyborne               Cole
Cooper                 Cork                   Davenport
Fair                   Felder                 Hallman
Harrison               Haskins                Hodges
Jaskwhich              Keegan                 Klapman
Kohn                   Koon                   Lanford
Littlejohn             Mappus                 Martin, L.
Mattos                 McCain                 McGinnis
McKay                  McLellan               McTeer
Moss                   Neilson                Nettles
Quinn                  Rama                   Rhoad
Sharpe                 Sturkie                Vaughn
Wells                  Wilder                 Wilkins
Williams, J.           Wofford                Wright

Total--48
RECAPITULATION

Total Number of Senators voting     32
Total Number of Representatives voting     91
Grand Total     123
Necessary to a choice     62

Of which Ms. Phillips received     55

Of which Mr. Coussons received     68

Whereupon, the President announced that Dr. John S. Coussons, having received a majority of the votes cast, was duly elected for the term prescribed by law.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.

The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:45 P.M. the House resumed, the SPEAKER in the Chair.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5071 -- Reps. M.O. Alexander, Baker, Blackwell, Clyborne, Fair, Fant, Haskins, Jaskwhich, Manly, Mattos, Vaughn and Wilkins: A CONCURRENT RESOLUTION TO CONGRATULATE THE GREENVILLE COUNTY SHERIFF'S OFFICE AND SHERIFF JOHNNY MACK BROWN UPON THE SHERIFF'S OFFICE BECOMING THE FIRST LAW ENFORCEMENT AGENCY IN SOUTH CAROLINA TO RECEIVE ACCREDITATION FROM THE COMMISSION ON ACCREDITATION OF LAW ENFORCEMENT AGENCIES, INC.

H. 5074 -- Reps. Koon, Klapman, Felder, Sharpe, Derrick, Sturkie and Wright: A CONCURRENT RESOLUTION TO COMMEND MRS. SARA FERGUSON BRUNER FOR OVER FIFTY YEARS OF SERVICE TO THE BATESBURG-LEESVILLE AREA THROUGH HER ASSOCIATION WITH THE TWIN CITY NEWS AND THROUGH NUMEROUS OTHER ENDEAVORS AND TO CONGRATULATE HER UPON HAVING THE 1990 SOUTH CAROLINA POULTRY FESTIVAL PARADE DEDICATED TO HER.

ADJOURNMENT

At 12:47 P.M. the House in accordance with the motion of Rep. CARNELL adjourned to meet at 10:00 A.M. tomorrow.

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