South Carolina General Assembly
109th Session, 1991-1992
Journal of the House of Representatives

THURSDAY, JANUARY 17, 1991

Thursday, January 17, 1991
(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:

Almighty God and Father, Whose will it is that Your children live in peace and brotherly love, kindle and sustain the spirit of good will in the hearts of all dwellers of the world. Guide with Your wisdom the leaders of the nations into the way of justice and truth, and establish among them that peace which is the fruit of righteousness. Let Your protection be upon all in the service of our Country, both abroad and in our own land. Sustain and comfort those at home in their loneliness and anxiety. And hasten the day when a lasting peace shall be established, to Your eternal glory and honor. Amen.

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

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

REPORT RECEIVED

The Report of the Joint Legislative Committee to study the problems of alcohol and drug abuse was received and will be printed in the Senate Journal on Friday, January 18.

REPORTS OF STANDING COMMITTEES

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

H. 3021 -- Rep. Gentry: A BILL TO REPEAL SECTION 14-23-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR A JUDGE OF PROBATE TO FILE A DESCRIPTION OF THE REAL ESTATE OF A DECEASED PERSON WITH THE COUNTY AUDITOR.

Ordered for consideration tomorrow.

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

H. 3059 -- Rep. Whipper: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 30, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO EXTRA COMPENSATION NOT PERMITTED BY THE GENERAL ASSEMBLY, SO AS TO ALLOW THE GENERAL ASSEMBLY TO ALLOW EXTRA COMPENSATION FOR SERVICE RENDERED DURING STATE EMERGENCIES, INCLUDING HAZARDOUS WEATHER.

Ordered for consideration tomorrow.

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

H. 3083 -- Rep. Manly: A BILL TO AMEND SECTION 7-11-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSTITUTION OF CANDIDATES WHEN A PARTY NOMINEE DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR LEGITIMATE NONPOLITICAL REASONS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY WHEN THE NOMINEE WAS NOMINATED BY PARTY PRIMARY ELECTION AND TO REVISE CERTAIN ELECTION PROCEDURES CONTAINED IN THE SECTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 7-11-55, SO AS TO REQUIRE A SPECIAL PRIMARY ELECTION TO FILL A VACANCY IN CASES WHERE A PARTY NOMINEE WHO WAS NOMINATED BY A PARTY PRIMARY ELECTION DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR LEGITIMATE NONPOLITICAL REASONS, AND TO PROVIDE FOR CERTAIN PROCEDURES AND ELECTION DATES IN REGARD TO THIS PROVISION.

Ordered for consideration tomorrow.

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

H. 3127 -- Reps. Wilkins, Sheheen, J.W. Johnson, T.C. Alexander, Keyserling, Beasley, Boan, Huff and McElveen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.

Ordered for consideration tomorrow.

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

H. 3128 -- Reps. Wilkins, Sheheen, J.W. Johnson, T.C. Alexander, Keyserling, Beasley, Boan, Corning, Huff and McElveen: A BILL TO AMEND SECTIONS 2-1-180, 11-9-880, 11-11-30, 11-11-90, AND 11-11-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY AND THE BUDGETARY PROCESS, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, TO CHANGE THE DATE OF THE ANNUAL INITIAL FORECAST OF THE BOARD OF ECONOMIC ADVISORS FROM NOVEMBER FIRST TO OCTOBER FIFTEENTH AND TO PROVIDE THAT THE INITIAL FORECAST MAY BE ADJUSTED ONLY DOWNWARD, TO PROVIDE THAT A FINAL FORECAST FOR THE NEXT FISCAL YEAR MUST BE MADE ON JANUARY FIFTEENTH RATHER THAN FEBRUARY FIFTEENTH, TO PROVIDE THAT THIS JANUARY FIFTEENTH FORECAST MAY BE ADJUSTED DOWNWARD MONTHLY, TO CHANGE THE DATE OF ANNUAL ESTIMATES OF FINANCIAL NEEDS BY STATE ENTITIES FROM NOVEMBER FIRST TO OCTOBER FIRST, TO PROVIDE THAT JOINT COMMITTEE HEARINGS ON BUDGET REQUESTS SHALL BEGIN ON THE SECOND TUESDAY IN DECEMBER, TO PROVIDE THAT SUPPLEMENTAL APPROPRIATIONS MAY BE REQUESTED FROM UNEXPENDED FUNDS FROM THE PREVIOUS FISCAL YEAR, AND TO PROHIBIT SUPPLEMENTAL APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3220 -- Reps. Phillips, McCraw, Farr, Beatty, Cole, Kempe, Littlejohn, Lanford, McGinnis, Bruce and Wells: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE CHAMBER BEHIND THE RAIL TO GAYLORD PERRY ON THURSDAY, JANUARY 17, 1991.

Be it resolved by the House of Representatives:

That the privilege of the Chamber to that area behind the rail is extended to Gaylord Perry on Thursday, January 17, 1991.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3221 -- Reps. Phillips, McCraw, Farr, Beatty, Cole, Kempe, Littlejohn, Lanford, McGinnis, Bruce and Wells: A HOUSE RESOLUTION TO CONGRATULATE GAYLORD PERRY, THE CURRENT BASEBALL COACH AT LIMESTONE COLLEGE, ON BEING ELECTED TO THE BASEBALL HALL OF FAME IN COOPERSTOWN, NEW YORK, ON JANUARY 8, 1991, AND TO PROCLAIM THURSDAY, JANUARY 17, 1991, AS "GAYLORD PERRY DAY" IN SOUTH CAROLINA.

Whereas, Gaylord Perry, the current baseball coach at Limestone College, was elected to the Baseball Hall of Fame in Cooperstown, New York, on January 8, 1991; and

Whereas, the native of Williamston, North Carolina, played in the majors for twenty-two years and had stints with the San Francisco Giants, Cleveland Indians, Texas Rangers, San Diego Padres, New York Yankees, Atlanta Braves, Seattle Mariners, and Kansas City Royals; and

Whereas, Perry is the winner of three hundred fourteen games and is the only pitcher in history to win the coveted Cy Young Award in both the American and National Leagues. He struck out one hundred or more batters for eighteen seasons and when he retired in 1983, he was third on the all-time strikeout list; and

Whereas, Gaylord Perry became the first baseball coach at Limestone College in November, 1986, and has compiled a commendable record of fifty-eight wins and forty-five losses. He has fielded teams in the NAIA District Six playoffs in each of the last two seasons; and

Whereas, Gaylord Perry has been more than a baseball coach. He works hard to teach his "boys" proper character traits and attitudes and to build them into men. He emphasizes academics as a priority and graduation as a goal. One of his players has signed a professional baseball contract and others are being considered; and

Whereas, Perry has worked hard to raise money and to prepare the fields and other facilities to help provide an excellent environment for baseball, as well as to raise funds to renovate the Winnie Davis classroom building and the Granberry gymnasium for students to use as an academic, recreational, and athletic facility. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives congratulate Gaylord Perry, the current baseball coach at Limestone College, on being elected to the Baseball Hall of Fame in Cooperstown, New York, on January 8, 1991, and to proclaim Thursday, January 17, 1991, as "Gaylord Perry Day" in South Carolina.

Be it further resolved that a copy of this resolution be forwarded to Gaylord Perry.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3222 -- Reps. Harvin, McLeod, Littlejohn, McElveen, H. Brown, Quinn, Vaughn and McCraw: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO REPEAL A RECREATIONAL BOATING "USER FEE" WHICH RECENTLY WAS ADOPTED.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3223 -- Reps. Boan and McElveen: A CONCURRENT RESOLUTION DIRECTING THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS FOR THE CERTIFICATION OF LABORATORY AND RADIOLOGICAL TECHNICIANS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3224 -- Rep. McElveen: A CONCURRENT RESOLUTION TO RECOMMEND THAT THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AMEND SECTIONS OF THE DEPARTMENT'S NURSING HOME REGULATIONS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3225 -- Reps. Boan and McElveen: A CONCURRENT RESOLUTION DIRECTING THE CHIEF INSURANCE COMMISSIONER TO PROMULGATE REGULATIONS FOR PROCEDURES TO BE FOLLOWED BY UTILIZATION REVIEW FIRMS INCLUDING ACCREDITATION, NOTIFICATION REQUIREMENTS, APPEALS PROCEDURES, ACCESSIBILITY OF REVIEW AGENCIES, PERSONNEL QUALIFICATIONS, INFORMATIONAL MATERIAL, CONFIDENTIALITY, AND UTILIZATION REQUIREMENTS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3226 -- Rep. McElveen: A CONCURRENT RESOLUTION TO EXAMINE METHODS OF INCREASING THE LEVEL OF CARE PROVIDED BY BOARDING HOMES AND NURSING HOMES.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3227 -- Reps. Boan and McElveen: A CONCURRENT RESOLUTION DIRECTING THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO REVIEW THE MEDICAID ELIGIBILITY REQUIREMENTS AND DETERMINE THE NUMBER OF ELIGIBLE MEDICAID RECIPIENTS WHO ARE DENIED BENEFITS BECAUSE OF FAILURE TO COMPLY WITH MEDICAID PROCEDURAL REQUIREMENTS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3228 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, Boan, G. Brown, H. Brown, J. Brown, Bruce, Burch, Burriss, Carnell, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Cromer, Derrick, D. Elliott, L. Elliott, Faber, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Gregory, Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Houck, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Keegan, Keesley, Kempe, Keyserling, Kinon, Kirsh, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McAbee, McBride, McCain, McCraw, McElveen, McGinnis, McKay, McLeod, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Rogers, Ross, Scott, Sharpe, Sheheen, Shirley, Short, Smith, Snow, Stoddard, Sturkie, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF FORMER STATE SENATOR AND REPRESENTATIVE JOHN HENRY WILLIAMS OF AIKEN COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3229 -- Rep. Meacham: A CONCURRENT RESOLUTION CONGRATULATING THE FORT MILL HIGH SCHOOL BAND AND BAND DIRECTOR BOB COTTER UPON WINNING NUMEROUS CHAMPIONSHIPS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 482 -- Senator Macaulay: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF COLONEL JULIAN WALTER DAVIS, SR., OF OCONEE COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 483 -- Senators Shealy, Setzler and Wilson: A CONCURRENT RESOLUTION CONGRATULATING THE LEXINGTON COMPOSITE SQUADRON OF THE CIVIL AIR PATROL UPON BEING SELECTED AS THE TOP SQUADRON IN THE NATION FOR 1989.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 484 -- Senators Shealy, Wilson and Setzler: A CONCURRENT RESOLUTION CONGRATULATING THE LEXINGTON HIGH SCHOOL BAND FOR WINNING THE STATE MARCHING BANDS COMPETITION FOR THE SECOND YEAR IN A ROW.

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

INTRODUCTION OF BILLS

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

H. 3230 -- Rep. McAbee: A BILL TO AMEND SECTION 59-26-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION UNDER THE PROVISIONS OF LAW ON TRAINING, CERTIFICATION, AND EVALUATION OF PUBLIC EDUCATORS, SO AS TO ALLOW THE STATE SUPERINTENDENT OF EDUCATION TO MAKE AN EXCEPTION TO THE BASIC SKILLS EXAMINATION PASSING REQUIREMENTS FOR PROPOSED TEACHERS OF SPECIAL EDUCATION UNDER CERTAIN CONDITIONS.

Referred to Committee on Education and Public Works.

H. 3231 -- Rep. McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-354 SO AS TO PROHIBIT THE HUNTING OF DEER ACROSS PUBLIC ROADS, STREETS, OR HIGHWAYS, AND TO PROVIDE A PENALTY.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3232 -- Rep. L. Martin: A BILL TO AMEND SECTION 41-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING RULES, REGULATIONS, OR ORDERS OF THE COMMISSIONER OF LABOR UNDER THE OCCUPATIONAL HEALTH AND SAFETY LAWS, SO AS TO PROVIDE THAT ANY EMPLOYER WHO WILFULLY OR REPEATEDLY VIOLATES ANY OCCUPATIONAL SAFETY OR HEALTH RULE OR REGULATION PROMULGATED UNDER THESE LAWS MAY BE ASSESSED A CIVIL PENALTY OF NOT MORE THAN SEVENTY THOUSAND, RATHER THAN TEN THOUSAND, DOLLARS FOR EACH VIOLATION, AND TO CHANGE THE MAXIMUM CIVIL PENALTY WHICH MAY BE ASSESSED FOR VIOLATING CERTAIN OTHER RELATED RULES, REGULATIONS, OR ORDERS FROM ONE THOUSAND DOLLARS TO SEVEN THOUSAND DOLLARS.

Referred to Committee on Labor, Commerce and Industry.

H. 3233 -- Reps. Boan and McElveen: A BILL TO AMEND SECTION 44-6-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDICAID HOSPITAL PROSPECTIVE PAYMENT SYSTEM, SO AS TO PROVIDE FOR CERTAIN EXCEPTIONS TO COST CONTAINMENT INCENTIVES AND TO FURTHER PROVIDE FOR ALLOWABLE PAYMENTS.

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

H. 3234 -- Reps. Boan and McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-21-125 SO AS TO PROVIDE FOR ACQUISITIONS OF INSURERS NOT COVERED BY THE INSURANCE HOLDING COMPANY REGULATORY ACT; TO AMEND SECTION 38-21-90, RELATING TO THE INSURANCE COMMISSIONER'S APPROVAL OF AN ACQUISITION OF CONTROL OF AN INSURER, SO AS TO PROVIDE FOR APPLICATION OF THE COMPETITIVE STANDARD; TO AMEND SECTION 38-21-140, RELATING TO THE CONTENT OF INSURANCE REGISTRATION STATEMENTS SO AS TO INCLUDE A PLEDGE OF THE INSURER'S STOCK FOR A LOAN MADE TO A MEMBER OF THE INSURANCE HOLDING COMPANY SYSTEM; AND TO AMEND SECTION 38-21-270, RELATING TO NOTICE AND APPROVAL OF EXTRAORDINARY DIVIDENDS AND DISTRIBUTIONS BY INSURERS, SO AS TO REVISE THE DETERMINATION OF AN EXTRAORDINARY DIVIDEND AND DISTRIBUTION.

Referred to Committee on Labor, Commerce and Industry.

H. 3235 -- Reps. Boan and McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-185 SO AS TO REQUIRE SUFFICIENT FUNDING TO ENSURE THAT ALL PRESCHOOL AGED CHILDREN ARE IMMUNIZED TO MEET THE STATUTORY REQUIREMENT FOR ADMISSION TO SCHOOL.

Referred to Committee on Ways and Means.

H. 3236 -- Rep. McElveen: A BILL TO AMEND SECTION 37-4-203, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORMS AND SCHEDULES OF CONSUMER CREDIT INSURERS, AND SECTION 34-29-160, AS AMENDED, RELATING TO INSURANCE ON SECURITY AND THE BORROWER UNDER THE CONSUMER FINANCE LAW, SO AS TO REDUCE THE RATE FOR COVERAGE.

Referred to Committee on Labor, Commerce and Industry.

H. 3237 -- Reps. Boan and McElveen: A BILL TO AMEND SECTION 38-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPITAL AND SURPLUS OF STOCK INSURERS, SO AS TO INCREASE THE REQUIRED AMOUNTS, AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO REQUIRE ADDITIONAL CAPITAL AND SURPLUS, AND PROVIDE FOR THE INITIAL CAPITAL AND SURPLUS; TO AMEND SECTION 38-9-20, RELATING TO SURPLUS OF MUTUAL INSURERS, SO AS TO INCREASE THE REQUIRED AMOUNTS; TO AMEND SECTION 38-9-30, RELATING TO CAPITAL AND SURPLUS OF INSURERS LICENSED ON JULY 1, 1988, SO AS TO CHANGE THE DATE TO JULY 1, 1991, CHANGE RELATED DATES DETERMINING APPLICATION OF THE SECTION, AND PROVIDE REQUIREMENTS FOR AN INSURER WHICH IS THE SUBJECT OF A CHANGE OF CONTROL; AND TO AMEND SECTION 38-33-100, RELATING TO CERTIFICATES OF AUTHORITY FOR HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO INCREASE THE NET WORTH REQUIREMENTS, PROVIDE REQUIREMENTS FOR A STOCK HEALTH MAINTENANCE ORGANIZATION, AND PROVIDE FOR ORGANIZATIONS IN COMPLIANCE WITH THE LAW ON DECEMBER 31, 1990.

Referred to Committee on Labor, Commerce and Industry.

H. 3238 -- Reps. Boan and McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-9-200, 38-9-210, AND 38-9-220 SO AS TO PROVIDE REINSURANCE CREDITS AND LIABILITY REDUCTIONS ALLOWED FOR DOMESTIC CEDED INSURERS AND TO DEFINE TERMS; TO AMEND SECTION 38-9-170, RELATING TO UNEARNED PREMIUM RESERVES OF INSURERS, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH DEDUCTIONS MAY BE MADE FROM RESERVES; AND TO AMEND SECTION 38-9-190, RELATING TO LOSS AND CLAIM RESERVES OF INSURERS, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH CREDIT FOR REINSURANCE IS ALLOWED AS AN ASSET OR A DEDUCTION FROM RESERVES.

Referred to Committee on Labor, Commerce and Industry.

H. 3239 -- Reps. Boan and McElveen: A BILL TO AMEND SECTION 38-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGISLATIVE INTENT PERTAINING TO INVESTMENTS BY INSURERS, SO AS TO ESTABLISH STANDARDS FOR THE DEVELOPMENT AND ADMINISTRATION OF INVESTMENTS; AND SECTION 38-11-50, RELATING TO LIMITATIONS ON THE INVESTMENTS, SO AS TO PROVIDE FOR THE VALUATION OF INVESTMENTS AND PROMULGATION OF RELATED REGULATIONS.

Referred to Committee on Labor, Commerce and Industry.

H. 3240 -- Reps. Boan and McElveen: A BILL TO AMEND SECTION 38-31-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE ADDITIONAL POWERS PERTAINING TO MAXIMUM ASSESSMENTS ON ACCOUNTS OF PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION MEMBERS AND TO INSURANCE EMERGENCIES OR CATASTROPHES.

Referred to Committee on Labor, Commerce and Industry.

H. 3241 -- Reps. Boan and McElveen: A BILL TO AMEND SECTION 38-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVOCATION AND SUSPENSION OF INSURANCE CERTIFICATES OF AUTHORITY, SO AS TO PROVIDE STANDARDS FOR DETERMINING HAZARDOUS INSURANCE PROCEEDINGS AND TO AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO TAKE ACTION WHEN AN INSURER IS IN AN UNSOUND OR A HAZARDOUS CONDITION.

Referred to Committee on Labor, Commerce and Industry.

H. 3242 -- Reps. Boan and McElveen: A BILL TO AMEND SECTION 38-63-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIFE INSURANCE FOR AN INSURED'S SPOUSE, CHILDREN, AND DEPENDENTS AND CLAIMS OF THE INSURED'S CREDITORS, SO AS TO REVISE THE PROVISIONS FOR THE CREDITORS' RIGHTS UNDER LIFE INSURANCE POLICIES AND PROVIDE FOR THE CLAIMS OF CREDITORS OF THE INSURED UNDER VARIOUS OTHER INSURANCE CONTRACTS.

Referred to Committee on Labor, Commerce and Industry.

H. 3243 -- Reps. Boan and McElveen: A BILL TO AMEND SECTION 38-13-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INQUIRES BY THE INSURANCE COMMISSIONER, SO AS TO INCLUDE THE WORK PAPERS AND DRAFT REPORTS OF EXAMINERS IN THE CONFIDENTIALITY PROVISION AND PROVIDE EXCEPTIONS.

Referred to Committee on Labor, Commerce and Industry.

H. 3244 -- Reps. Boan and McElveen: A BILL TO AMEND SECTION 38-55-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATION OF RISK BY INSURERS, SO AS TO APPLY THE LIMITATION TO CAPTIVES AND DEFINE THE TERM.

Referred to Committee on Labor, Commerce and Industry.

H. 3245 -- Reps. Boan and McElveen: A BILL TO AMEND SECTION 38-87-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OUT-OF-STATE CHARTERED RISK RETENTION GROUPS, SO AS TO PROVIDE FOR THE EXAMINATION REGARDING FINANCIAL CONDITION TO BE CONDUCTED IN ACCORDANCE WITH THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS' EXAMINER'S HANDBOOK INSTEAD OF THE STANDARDS AND PROCEDURES APPLICABLE TO EXAMINATIONS OF ADMITTED INSURERS; AND TO AMEND SECTION 38-87-90, RELATING TO THE PURCHASE OF LIABILITY INSURANCE FROM A NONSTATE APPROVED SURPLUS LINES INSURER, SO AS TO PROVIDE THE CONDITIONS UNDER WHICH INSURANCE MAY BE PURCHASED FROM A RISK RETENTION GROUP NOT CHARTERED OR AN INSURER NOT ADMITTED IN THE STATE.

Referred to Committee on Labor, Commerce and Industry.

H. 3246 -- Reps. Wright, Wilkes, D. Elliott and Sharpe: A BILL TO AMEND SECTION 52-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOXING, WRESTLING, OR SPARRING EVENTS NOT SUBJECT TO REGULATION BY THE STATE ATHLETIC COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION MAY APPROVE EXEMPTION FROM REGULATION EVENTS OF AMATEUR ASSOCIATIONS OR GROUPS AND TO DELETE PROVISIONS RELATING TO CIRCUMSTANCES IN WHICH AN AMATEUR BOXER MAY APPEAR ON A PROFESSIONAL CARD; AND TO AMEND SECTION 52-7-310, AS AMENDED, RELATING TO COUNTY ATHLETIC COMMISSIONS, SO AS TO PROVIDE THAT SUCH COMMISSIONS ARE APPOINTED BY THE GOVERNING BODY OF THE COUNTY FOR TERMS OF FOUR YEARS.

Referred to Committee on Labor, Commerce and Industry.

H. 3247 -- Reps. Manly, Keyserling and Whipper: A BILL TO AMEND SECTION 59-63-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SCHOOLS OF THE STATE AND THE PROHIBITION AGAINST DISCRIMINATION ON ACCOUNT OF RACE, CREED, COLOR, OR NATIONAL ORIGIN, SO AS TO INCLUDE GENDER AS A PROHIBITED BASIS OF DISCRIMINATION.

Referred to Committee on Education and Public Works.

H. 3248 -- Reps. Rudnick, Rogers, Cromer, Waites and Kempe: A BILL TO AMEND SECTION 8-13-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTION CAMPAIGN RECORDS, SO AS TO REQUIRE CAMPAIGN CONTRIBUTIONS AND EXPENDITURES TO BE REPORTED TO THE STATE ETHICS COMMISSION AT LEAST TEN DAYS BEFORE ELECTION DAY, TO REQUIRE SUPPLEMENTAL FILINGS WITHIN TWENTY-FOUR HOURS OF INDIVIDUAL CONTRIBUTIONS OF ONE THOUSAND DOLLARS OR MORE RECEIVED BEFORE THE ELECTION AND NOT PREVIOUSLY REPORTED, AND TO PROVIDE THE INFORMATION TO BE REPORTED.

Referred to Committee on Judiciary.

H. 3249 -- Reps. Rudnick and Cromer: A BILL TO AMEND SECTION 3, PART 1, ACT 612 OF 1990, THE GENERAL APPROPRIATIONS ACT FOR 1990-91, RELATING TO LEGISLATIVE BRANCH APPROPRIATIONS, SO AS TO PROVIDE THAT ADDITIONAL LEGISLATIVE SUPPORT PERSONNEL PROVIDED FOR A HOUSE MEMBER MAY WORK IN THE MEMBER'S DISTRICT.

Referred to Committee on Ways and Means.

H. 3250 -- Rep. Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-65 SO AS TO ESTABLISH THE CRIME OF RECKLESS ENDANGERMENT AND PROVIDE A PENALTY FOR VIOLATION.

Referred to Committee on Judiciary.

H. 3251 -- Reps. Rudnick, Cromer and Derrick: A BILL TO REPEAL CHAPTER 10, TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LOCAL OPTION SALES AND USE TAX; TO AMEND SECTION 12-36-2600, RELATING TO THE PAYMENT OF SALES TAXES, SO AS TO DELETE REFERENCES TO THE LOCAL OPTION SALES AND USE TAX; TO REPEAL ACT 317 OF 1990 RELATING TO THIS TAX; AND GRANDFATHERING THOSE COUNTIES APPROVING THE IMPOSITION OF THE TAX PURSUANT TO A REFERENDUM CONDUCTED AT THE TIME OF THE GENERAL ELECTION OF 1990.

Referred to Committee on Ways and Means.

H. 3252 -- Reps. Rudnick, Cromer and Waites: A BILL TO AMEND SECTION 59-65-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOME SCHOOLING PROGRAMS, SO AS TO REQUIRE A STUDENT TO ATTEND A SCHOOL DURING THE APPLICATION PERIOD FOR APPROVAL OF HOME SCHOOLING, INCLUDING REQUIRED APPEALS.

Referred to Committee on Education and Public Works.

H. 3253 -- Reps. Rudnick, Waites, Cromer, Smith, Wilder, Kempe and Klapman: A BILL TO AMEND SECTION 7-7-990, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BARRIER-FREE POLLING PLACES FOR PHYSICALLY HANDICAPPED ELECTORS, SO AS TO PROVIDE THAT AN ELECTOR WHO IS PERMANENTLY HANDICAPPED IS NOT REQUIRED TO REREGISTER IN ORDER TO VOTE AT THE BARRIER-FREE POLLING PLACE.

Referred to Committee on Judiciary.

H. 3254 -- Reps. Meacham, Cromer, Townsend, Baker, McLeod, Corbett, Wofford, Cork, Wells, Waites, Hallman, Rogers, Sturkie, Gonzales, A. Young, Cato, Quinn, Burriss, Rama, Keyserling, Barber, Koon, Wilkes, Clyborne, McGinnis, P. Harris, L. Martin, Fulmer, H. Brown, R. Young, Klapman, McCain, Kirsh, Haskins, Scott, Manly, Felder, Wright, Tucker and Shirley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-835 SO AS TO REQUIRE A PUBLIC OFFICIAL WHO IS AN ATTORNEY TO DISCLOSE ALL FEES PAID TO THE FIRM WITH WHICH THE OFFICIAL IS ASSOCIATED THAT INVOLVE A STATE AGENCY.

Referred to Committee on Judiciary.

H. 3255 -- Reps. Gregory, Wilkins, Boan and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 IN TITLE 40, RELATING TO PROFESSIONS AND OCCUPATIONS, SO AS TO REVISE AND RECODIFY THE LAW RELATING TO THE REGISTRATION OF ENGINEERS AND LAND SURVEYORS BY THE SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS AND PROVIDE PENALTIES FOR VIOLATIONS, TO REPEAL CHAPTER 21, TITLE 40 OF THE 1976 CODE, RELATING TO THE REGISTRATION OF ENGINEERS AND LAND SURVEYORS, TO PROVIDE FOR THE CONTINUATION OF REGULATIONS PROMULGATED UNDER PRIOR LAW, TO AUTHORIZE A FEE FOR THE TEMPORARY REGISTRATION OF ENGINEERS, TO PROVIDE FOR THE CONTINUATION IN OFFICE OF THE MEMBERS OF THE SOUTH CAROLINA STATE BOARD FOR REGISTRATION OF ENGINEERS AND LAND SURVEYORS, AND TO SAVE PROCEEDINGS BEFORE THE BOARD ARISING UNDER PRIOR LAW.

Referred to Committee on Labor, Commerce and Industry.

H. 3256 -- Rep. Harvin: A BILL TO AMEND SECTIONS 47-1-100, 47-1-120, 47-1-140, AND 47-1-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRUELTY TO ANIMALS, SO AS TO PROVIDE FOR THE OWNER OR PERSON HAVING CHARGE OR CUSTODY OF AN ANIMAL CRUELLY USED TO FORFEIT OWNERSHIP, CHARGE, OR CUSTODY OF THE ANIMAL AND REVISE THE PROVISIONS REQUIRING THE OWNER OR PERSON TO PAY COSTS TO CARE FOR THE ANIMAL AND RELATED EXPENSES.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3257 -- Reps. Rudnick, Wilder, Baxley, Klapman, Rama, Wright, Waites and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-290 SO AS TO REQUIRE THE OWNER OR OPERATOR OF A GASOLINE STATION WHICH SELLS GASOLINE AT A LOWER PRICE WHEN THE CUSTOMER DISPENSES THE GASOLINE ON A SELF-SERVICE BASIS TO HAVE THIS GASOLINE DISPENSED TO A DISABLED DRIVER AT THE SAME PRICE OTHERWISE CHARGED FOR GASOLINE PURCHASED ON A SELF-SERVICE BASIS AND TO PROVIDE EXCEPTIONS.

Referred to Committee on Labor, Commerce and Industry.

H. 3258 -- Reps. M. Martin, Baxley, Neilson, D. Elliott, Keegan, Corbett, Kinon, Harwell, L. Elliott, McKay, Bennett, Nettles, Houck and Beasley: A BILL TO AMEND SECTION 12-7-1215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INCOME TAX CREDIT FOR CERTAIN ENERGY CONSERVATION AND RENEWABLE ENERGY PRODUCTION MEASURES, SO AS TO EXTEND THE CREDIT TO THE PURCHASE AND INSTALLATION OF OVERHEAD AGRICULTURAL IRRIGATION SYSTEMS.

Referred to Committee on Ways and Means.

H. 3259 -- Rep. McLeod: A JOINT RESOLUTION TO CREATE A "COMMITTEE TO STUDY OFFERING VOCATIONAL EDUCATION AT AN EARLIER AGE", AND TO PROVIDE FOR THE COMMITTEE'S MEMBERSHIP AND DUTIES.

Referred to Committee on Education and Public Works.

H. 3260 -- Rep. McLeod: A BILL TO PROVIDE FOR THE SOURCE OF PAYMENT OF THE COSTS OF REMEDIATION OF A STUDENT ENROLLED AT A STATE-SUPPORTED INSTITUTION OF HIGHER LEARNING.

Referred to Committee on Education and Public Works.

H. 3261 -- Reps. Koon and Wright: A BILL TO DECLARE PLEASURE ISLAND ROAD IN LEXINGTON COUNTY A PUBLIC RIGHT-OF-WAY.

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

H. 3262 -- Reps. Hayes, Fair and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2952 SO AS TO MAKE IT UNLAWFUL FOR PERSONS UNDER THE AGE OF TWENTY-ONE TO OPERATE A MOTOR VEHICLE WITH A BLOOD ALCOHOL CONTENT OF TWO ONE-HUNDREDTHS OF ONE PERCENT OR GREATER BY WEIGHT OF ALCOHOL, TO PROVIDE PENALTIES FOR VIOLATIONS, TO PROVIDE THAT THOSE PERSONS HAVE GIVEN THEIR IMPLIED CONSENT TO CERTAIN TESTS TO DETERMINE THE ALCOHOL CONTENT OF THEIR BLOOD, TO PROVIDE THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE TESTS MUST BE ADMINISTERED, AND TO PROVIDE FOR CERTAIN SUSPENSIONS OF THE DRIVING PRIVILEGES OF THOSE PERSONS WHO REFUSE TO TAKE TESTS OR WHOSE BLOOD ALCOHOL CONTENT, AS A RESULT OF THE TESTS, IS TWO ONE-HUNDREDTHS OF ONE PERCENT OR GREATER.

Referred to Committee on Judiciary.

H. 3263 -- Rep. Gregory: A BILL TO AMEND SECTION 7-7-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN COLLETON COUNTY, SO AS TO REDEFINE THE VOTING PRECINCTS.

Referred to the Colleton County Delegation.

S. 151 -- Senator Land: A BILL TO AMEND ACT 375 OF 1947, AS AMENDED, RELATING TO THE CLARENDON HOSPITAL DISTRICT, SO AS TO AUTHORIZE THE DISTRICT'S BOARD OF TRUSTEES TO CONVEY REAL ESTATE, WATER RIGHTS, AND PROPERTY RIGHTS IN ADDITION TO ITS OTHER POWERS.

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

S. 463 -- Senator Waddell: A JOINT RESOLUTION TO APPROVE THE DISSOLUTION OF THE BEAUFORT COUNTY RECREATION DISTRICT IN BEAUFORT COUNTY, TO PROVIDE FOR THE TRANSFER AND CONVEYANCE OF THE FUNCTIONS AND ASSETS OF THE DISTRICT TO A DEPARTMENT OF BEAUFORT COUNTY GOVERNMENT, AND TO REPEAL ACT 1732 OF 1972, RELATING TO THE CREATION OF THE BEAUFORT COUNTY RECREATION DISTRICT.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3264 -- Rep. Farr: A CONCURRENT RESOLUTION CONGRATULATING THE UNION HIGH SCHOOL RIFLE TEAM FOR BEING SELECTED THE 1990 NATIONAL RIFLE ASSOCIATION NATIONAL HIGH SCHOOL SMALLBORE RIFLE CHAMPION AND CONGRATULATING CHRIS MARCY FOR BEING NAMED THE NATIONAL JROTC INDIVIDUAL SMALLBORE RIFLE CHAMPION.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3265 -- Reps. Smith and Sharpe: A CONCURRENT RESOLUTION TO CONGRATULATE THE SILVER BLUFF HIGH SCHOOL FOOTBALL TEAM FOR WINNING THE 1990 STATE CLASS AA FOOTBALL CHAMPIONSHIP.

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                 Baxley
Beatty                 Bennett                Boan
Brown, G.              Brown, H.              Brown, J.
Bruce                  Burch                  Burriss
Carnell                Cato                   Chamblee
Clyborne               Cole                   Cooper
Corbett                Cork                   Corning
Cromer                 Derrick                Elliott, D.
Elliott, L.            Faber                  Fair
Farr                   Foster                 Gentry
Glover                 Gonzales               Gregory
Hallman                Harris, J.             Harris, P.
Harvin                 Harwell                Haskins
Hayes                  Hendricks              Hodges
Houck                  Huff                   Jaskwhich
Johnson, J.C.          Johnson, J.W.          Keegan
Keesley                Kempe                  Keyserling
Kinon                  Kirsh                  Klapman
Koon                   Lanford                Littlejohn
Manly                  Marchbanks             Martin, D.
Martin, L.             Martin, M.             Mattos
McAbee                 McBride                McCain
McCraw                 McElveen               McGinnis
McKay                  McLeod                 McTeer
Meacham                Neilson                Nettles
Phillips               Rhoad                  Rogers
Ross                   Scott                  Sharpe
Sheheen                Shirley                Short
Smith                  Snow                   Stoddard
Tucker                 Vaughn                 Waites
Waldrop                Wells                  Whipper
White                  Wilder                 Wilkes
Wilkins                Wofford                Wright
Young, A.              Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on January 17, 1991.

C. Lenoir Sturkie                 Irene Rudnick
John G. Felder
Total Present--110

STATEMENT OF ATTENDANCE

Rep. STURKIE 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, January 16, 1991.

H. 3213-TABLED

The following House Resolution was taken up.

H. 3213 -- Rules Committee: A HOUSE RESOLUTION TO AMEND RULE 10.1 OF THE HOUSE OF REPRESENTATIVES, RELATING TO PROHIBITING PERSONS FROM BEING ADMITTED IN THE CHAMBER OF THE HOUSE, SO AS TO PROHIBIT A LOBBYIST, INCLUDING FORMER MEMBERS AND FORMER HOUSE MEMBERS OR SITTING SENATORS SEEKING VOTES AS A CANDIDATE OR ANY POSITION ELECTED BY THE GENERAL ASSEMBLY, WITHIN THE HALL OF THE HOUSE WITHOUT SPECIAL LEAVE AND DELETE CERTAIN EXCEPTIONS REGARDING FORMER HOUSE MEMBERS OR SITTING SENATORS BEING ADMITTED TO THE HALL.

Rep. McTEER explained the resolution.

Rep. BAXLEY spoke against the resolution and moved to table the resolution.

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

Yeas 67; Nays 36

Those who voted in the affirmative are:

Alexander, T.C.        Bailey, G.             Bailey, K.
Baker                  Baxley                 Brown, G.
Brown, H.              Brown, J.              Bruce
Burch                  Burriss                Carnell
Cato                   Chamblee               Clyborne
Cole                   Cooper                 Corbett
Corning                Derrick                Elliott, D.
Elliott, L.            Faber                  Farr
Foster                 Glover                 Gonzales
Gregory                Hallman                Harris, J.
Harris, P.             Harwell                Haskins
Houck                  Huff                   Jaskwhich
Johnson, J.C.          Keegan                 Kirsh
Koon                   Lanford                Littlejohn
Martin, D.             Martin, L.             McAbee
McBride                McCain                 McCraw
McKay                  McLeod                 Neilson
Nettles                Ross                   Scott
Sharpe                 Shirley                Smith
Snow                   Tucker                 Vaughn
Whipper                White                  Wilkes
Williams, D.           Wofford                Wright
Young, A.

Total--67

Those who voted in the negative are:

Alexander, M.O.        Altman                 Bailey, J.
Beasley                Beatty                 Bennett
Boan                   Cork                   Cromer
Fair                   Gentry                 Hayes
Hendricks              Hodges                 Johnson, J.W.
Kempe                  Keyserling             Kinon
Klapman                Manly                  Marchbanks
Martin, M.             Mattos                 McElveen
McGinnis               McTeer                 Meacham
Rama                   Rhoad                  Rogers
Sheheen                Short                  Waites
Waldrop                Wells                  Wilder

Total--36

So, the resolution was tabled.

H. 3216--AMENDED AND ADOPTED

The following House Resolution was taken up.

H. 3216 -- Rules Committee: A HOUSE RESOLUTION TO AMEND RULE 5.17 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE NUMBER OF OBJECTIONS BY MEMBERS REQUIRED TO PREVENT THE CONSIDERATION OF AN UNCONTESTED BILL OR RESOLUTION, SO AS TO CHANGE THE NUMBER OF OBJECTIONS REQUIRED FROM THREE TO SEVEN FOUR FIVE.

Amend Title To Conform

Be it resolved by the House of Representatives:

That Rule 5.17 of the Rules of the House of Representatives be amended to read:

5.17     (A)     Upon the consideration of any statewide uncontested bill or joint resolution an objection by three (3) seven (7) four (4) five (5) members at any time shall prevent prevents the consideration of such the statewide bill or resolution and it shall then must be placed upon the statewide contested calendar and remain thereon on it until one (1) or more objections are formally withdrawn from the floor, and if there are not further objections entered at that time bringing the total number of outstanding objections to three (3) seven (7) four (4) five (5) or more, such the statewide bill or resolution shall then receive immediate consideration if there is any time remaining in the applicable period for that day for that statewide bill or resolution.

(B) Upon the consideration of any local uncontested bill or joint resolution an objection by three (3) members at any time prevents the consideration of the local bill or resolution and it then must be placed upon the local contested calendar and remain on it until one (1) or more objections are formally withdrawn from the floor, and if there are not further objections entered at that time bringing the total number of outstanding objections to three (3) or more, the local bill or resolution shall then receive immediate consideration if there is any time remaining in the applicable period for that day for that local bill or resolution.

The Rules Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11163.DW), which was adopted.

Amend the resolution, as and if amended, in Rule 5.17 of the Rules of the House, page 1, line 23, by inserting after /5.17/ / (A)/, by inserting after /any/ /statewide/, on line 26, by inserting after /the/ /statewide/, on line 28, by inserting after /the/, on line 33, by inserting after /the/, and on line 36, by inserting after /that/ /statewide/.
Amend the resolution further, line 36, by striking /"/ and inserting immediately after line 36:

/(B) Upon the consideration of any local uncontested bill or joint resolution an objection by three (3) members at any time prevents the consideration of the local bill or resolution and it then must be placed upon the local contested calendar and remain on it until one (1) or more objections are formally withdrawn from the floor, and if there are not further objections entered at that time bringing the total number of outstanding objections to three (3) or more, the local bill or resolution shall then receive immediate consideration if there is any time remaining in the applicable period for that day for that local bill or resolution./

When amended Rule 5.17 shall read:

5.17 "(A) Upon the consideration of any statewide uncontested bill or joint resolution an objection by three (3) seven (7) members at any time shall prevent prevents the consideration of such the statewide bill or resolution and it shall then must be placed upon the statewide contested calendar and remain thereon on it until one (1) or more objections are formally withdrawn from the floor, and if there are not further objections entered at that time bringing the total number of outstanding objections to three (3) seven (7) or more, such the statewide bill or resolution shall then receive immediate consideration if there is any time remaining in the applicable period for that day for that statewide bill or resolution.

(B) Upon the consideration of any local uncontested bill or joint resolution an objection by three (3) members at any time prevents the consideration of the local bill or resolution and it then must be placed upon the local contested calendar and remain on it until one (1) or more objections are formally withdrawn from the floor, and if there are not further objections entered at that time bringing the total number of outstanding objections to three (3) or more, the local bill or resolution shall then receive immediate consideration if there is any time remaining in the applicable period for that day for that local bill or resolution./

Amend title to conform.

Rep. McTEER explained the amendment.

Rep. KIRSH moved to table the resolution.

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

Yeas 48; Nays 56

Those who voted in the affirmative are:

Alexander, T.C.        Bailey, J.             Bailey, K.
Baker                  Baxley                 Beatty
Bennett                Brown, H.              Brown, J.
Carnell                Cato                   Chamblee
Clyborne               Cole                   Cooper
Corning                Derrick                Elliott, D.
Faber                  Farr                   Foster
Glover                 Gonzales               Gregory
Harris, P.             Johnson, J.C.          Kirsh
Koon                   Martin, D.             McAbee
McBride                McLeod                 Neilson
Phillips               Rhoad                  Ross
Scott                  Sharpe                 Shirley
Short                  Smith                  Tucker
Vaughn                 Wells                  Whipper
White                  Williams, D.           Wright

Total--48

Those who voted in the negative are:

Alexander, M.O.        Altman                 Bailey, G.
Beasley                Boan                   Brown, G.
Bruce                  Burch                  Burriss
Corbett                Cork                   Cromer
Elliott, L.            Fair                   Gentry
Hallman                Harris, J.             Harwell
Haskins                Hayes                  Hendricks
Hodges                 Houck                  Huff
Jaskwhich              Johnson, J.W.          Keegan
Keesley                Kempe                  Keyserling
Kinon                  Klapman                Lanford
Littlejohn             Manly                  Marchbanks
Martin, L.             Martin, M.             McCain
McCraw                 McElveen               McGinnis
McKay                  McTeer                 Meacham
Nettles                Rama                   Rogers
Sheheen                Snow                   Waites
Waldrop                Wilder                 Wilkes
Wofford                Young, A.

Total--56

So, the House refused to table the resolution.

PARLIAMENTARY INQUIRY

Rep. BAXLEY inquired whether it would be appropriate to make a change in the amendment from the floor.

The SPEAKER stated that the member could not make the changes in the amendment from the floor because amendments had to be in writing, but that the member could strike through a previous amendment making the changes and then submit that to the desk as an amendment.

The question then recurred to the adoption of the amendment, which was agreed to by a division vote of 52 to 37.

Rep. CARNELL proposed the following Amendment No. 2, which was adopted.

Amend resolution by striking seven on lines 16, 25, 33 and inserting four.

Rep. CARNELL explained the amendment.

Rep. McTEER moved to table the amendment.

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

Yeas 37; Nays 68

Those who voted in the affirmative are:

Alexander, M.O.        Bailey, J.             Barber
Beasley                Bennett                Boan
Brown, G.              Corbett                Cork
Cromer                 Elliott, L.            Fair
Gentry                 Haskins                Hayes
Hendricks              Hodges                 Houck
Johnson, J.W.          Kempe                  Keyserling
Lanford                Manly                  Marchbanks
Martin, M.             Mattos                 McCraw
McElveen               McTeer                 Meacham
Rhoad                  Rogers                 Sheheen
Stoddard               Waites                 Waldrop
Wilder

Total--37

Those who voted in the negative are:

Alexander, T.C.        Altman                 Bailey, G.
Bailey, K.             Baker                  Baxley
Beatty                 Brown, H.              Brown, J.
Bruce                  Burch                  Carnell
Cato                   Chamblee               Clyborne
Cole                   Cooper                 Corning
Derrick                Elliott, D.            Faber
Farr                   Felder                 Foster
Glover                 Gonzales               Gregory
Hallman                Harris, J.             Harris, P.
Harwell                Huff                   Jaskwhich
Johnson, J.C.          Keegan                 Keesley
Kinon                  Kirsh                  Klapman
Koon                   Littlejohn             Martin, D.
Martin, L.             McAbee                 McBride
McCain                 McGinnis               McLeod
Neilson                Nettles                Phillips
Ross                   Rudnick                Scott
Sharpe                 Short                  Smith
Snow                   Tucker                 Vaughn
Wells                  Whipper                White
Wilkes                 Williams, D.           Wofford
Wright                 Young, A.

Total--68

So, the House refused to table the amendment.

Rep. McTEER spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 60; Nays 42

Those who voted in the affirmative are:

Alexander, T.C.        Bailey, G.             Bailey, K.
Baker                  Baxley                 Beatty
Brown, H.              Brown, J.              Burch
Carnell                Cato                   Chamblee
Clyborne               Cole                   Corning
Derrick                Elliott, D.            Faber
Fair                   Farr                   Felder
Foster                 Glover                 Gonzales
Gregory                Hallman                Harris, J.
Harris, P.             Harwell                Huff
Johnson, J.C.          Keegan                 Kinon
Kirsh                  Klapman                Koon
Littlejohn             Martin, D.             Martin, L.
McAbee                 McBride                McCain
McCraw                 McLeod                 Phillips
Ross                   Rudnick                Scott
Sharpe                 Short                  Smith
Tucker                 Vaughn                 Whipper
White                  Wilkes                 Williams, D.
Wofford                Wright                 Young, R.

Total--60

Those who voted in the negative are:

Alexander, M.O.        Altman                 Bailey, J.
Barber                 Beasley                Bennett
Boan                   Brown, G.              Bruce
Corbett                Cork                   Cromer
Elliott, L.            Gentry                 Haskins
Hayes                  Hendricks              Hodges
Houck                  Jaskwhich              Johnson, J.W.
Keesley                Kempe                  Keyserling
Lanford                Manly                  Marchbanks
Martin, M.             Mattos                 McElveen
McGinnis               McTeer                 Nettles
Rhoad                  Rogers                 Sheheen
Snow                   Stoddard               Waites
Waldrop                Wells                  Wilder

Total--42

So, the amendment was adopted.

Rep. BEASLEY proposed the following Amendment No. 4, which was adopted.

Amend the resolution, lines 16, 25, and 33 from "four" to "five".

Rep. BEASLEY explained the amendment.

Rep. CARNELL spoke against the amendment.

Rep. KEYSERLING spoke in favor of the amendment.

Rep. CARNELL moved to table the amendment.

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

Yeas 51; Nays 53

Those who voted in the affirmative are:

Bailey, G.             Bailey, K.             Baker
Beatty                 Brown, H.              Brown, J.
Carnell                Clyborne               Cole
Corning                Elliott, D.            Faber
Farr                   Felder                 Foster
Glover                 Gonzales               Gregory
Hallman                Harris, J.             Harris, P.
Harwell                Johnson, J.C.          Keegan
Kinon                  Kirsh                  Klapman
Koon                   Martin, D.             McAbee
McBride                McCain                 McGinnis
McLeod                 Phillips               Ross
Rudnick                Scott                  Sharpe
Shirley                Short                  Smith
Tucker                 Vaughn                 Wells
Whipper                White                  Williams, D.
Wofford                Young, A.              Young, R.

Total--51

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Barber                 Baxley
Beasley                Bennett                Boan
Brown, G.              Bruce                  Burch
Cato                   Cooper                 Corbett
Cork                   Cromer                 Elliott, L.
Gentry                 Haskins                Hayes
Hendricks              Hodges                 Houck
Huff                   Jaskwhich              Johnson, J.W.
Keesley                Kempe                  Keyserling
Manly                  Marchbanks             Martin, L.
Martin, M.             Mattos                 McCraw
McElveen               McKay                  McTeer
Meacham                Neilson                Nettles
Rhoad                  Rogers                 Sheheen
Snow                   Stoddard               Sturkie
Waites                 Waldrop                Wilder
Wilkins                Wright

Total--53

So, the House refused to table the amendment.

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

The question then recurred to the adoption of the resolution, as amended, which was agreed to.

H. 3219--DEBATE ADJOURNED

The following House Resolution was taken up.

H. 3219 -- Rules Committee: A HOUSE RESOLUTION TO AMEND RULE 12.4 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE REQUIREMENT THAT A CANDIDATE FOR OFFICE OR COMMITTEE WORKING ON HIS BEHALF MUST MAINTAIN A RECORD OF ALL FUNDS AND CONTRIBUTIONS RECEIVED, SO AS TO REQUIRE THE FULL ADDRESS OF EACH INDIVIDUAL OR GROUP CONTRIBUTING TO THE CANDIDATE.

Rep. McLEOD proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11155.DW).

Amend the Resolution, as and if amended, in Rule 12.4 of the Rules of the House, page 2, line 4, by inserting after /distribution./ /The provisions of this rule do not apply if the funds or contributions received amount to one hundred dollars or less from one contributor./

Amend title to conform.

Rep. McLEOD explained the amendment.

Rep. McTEER spoke against the amendment.

Rep. McLEOD spoke in favor of the amendment.

LEAVE OF ABSENCE

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

Rep. McTEER moved to table the amendment, which was not agreed to by a division vote of 41 to 56.

Rep. McTEER spoke against the amendment.

Rep. McTEER moved to adjourn debate upon the resolution, which was adopted.

SENT TO THE SENATE

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

H. 3164 -- Rep. McAbee: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF ROAD S-33-256 IN MCCORMICK COUNTY, SUBJECT TO CERTAIN RIGHTS OF THE COMMISSION OF PUBLIC WORKS OF THE TOWN OF MCCORMICK.

H. 3190 -- Reps. Keyserling and Cork: A BILL TO AMEND SECTIONS 27-9-20 AND 27-9-21, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSERVATION RESTRICTIONS OR EASEMENTS, SO AS TO AUTHORIZE THE BEAUFORT COUNTY OPEN LAND TRUST, INCORPORATED, TO ACQUIRE AND DISPOSE OF THESE RESTRICTIONS OR EASEMENTS IN THE SAME MANNER AND WITH THE SAME PRIVILEGES AS GOVERNMENTAL BODIES AND OTHER CONSERVATION ORGANIZATIONS.

ORDERED TO THIRD READING

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

H. 3165 -- Rep. McAbee: A BILL TO DESIGNATE A ROAD IN McCORMICK COUNTY AS "GARTRELL ROAD".

H. 3065 -- Reps. P. Harris, Carnell, J. Harris, Mattos and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-20-385 SO AS TO PROVIDE THE POWERS AND DUTIES OF COUNTY MENTAL RETARDATION BOARDS.

Rep. CARNELL explained the Bill.

H. 3165--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. McABEE, with unanimous consent, it was ordered that H. 3165 be read the third time tomorrow.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3212 -- Reps. J. Harris and Burch: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE STAFF OF THE CHESTERFIELD COUNTY OFFICE OF THE SOUTH CAROLINA DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES ON BEING AWARDED THE THIRD ANNUAL EXECUTIVE DIRECTOR'S OFFICE EXCELLENCE AWARD.

H. 3228 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, Boan, G. Brown, H. Brown, J. Brown, Bruce, Burch, Burriss, Carnell, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Cromer, Derrick, D. Elliott, L. Elliott, Faber, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Gregory, Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Houck, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Keegan, Keesley, Kempe, Keyserling, Kinon, Kirsh, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McAbee, McBride, McCain, McCraw, McElveen, McGinnis, McKay, McLeod, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Rogers, Ross, Scott, Sharpe, Sheheen, Shirley, Short, Smith, Snow, Stoddard, Sturkie, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF FORMER STATE SENATOR AND REPRESENTATIVE JOHN HENRY WILLIAMS OF AIKEN COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 3229 -- Rep. Meacham: A CONCURRENT RESOLUTION CONGRATULATING THE FORT MILL HIGH SCHOOL BAND AND BAND DIRECTOR BOB COTTER UPON WINNING NUMEROUS CHAMPIONSHIPS.

H. 3264 -- Rep. Farr: A CONCURRENT RESOLUTION CONGRATULATING THE UNION HIGH SCHOOL RIFLE TEAM FOR BEING SELECTED THE 1990 NATIONAL RIFLE ASSOCIATION NATIONAL HIGH SCHOOL SMALLBORE RIFLE CHAMPION AND CONGRATULATING CHRIS MARCY FOR BEING NAMED THE NATIONAL JROTC INDIVIDUAL SMALLBORE RIFLE CHAMPION.

H. 3265 -- Reps. Smith and Sharpe: A CONCURRENT RESOLUTION TO CONGRATULATE THE SILVER BLUFF HIGH SCHOOL FOOTBALL TEAM FOR WINNING THE 1990 STATE CLASS AA FOOTBALL CHAMPIONSHIP.

ADJOURNMENT

At 11:20 A.M. the House in accordance with the motion of Rep. FARR adjourned to meet at 10:00 A.M. tomorrow.

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