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

THURSDAY, JANUARY 24, 1991

Thursday, January 24, 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, Whose mercies are new to us every morning even though we have in no way deserved Your goodness, purge the nations of the world of all error and corruption, overthrow the powers of all evil doers, and establish the kingdom of Your teachings in the doings of all mankind. Incline the hearts of all rulers to the Lord of lords and the King of peace. Enter with Your wisdom into the lives of all Your people and dwell there to govern all things by Your Word and way.

We pray in thankfulness to our God Who loves us with a love deeper than oceans, greater than anything we can imagine. 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.

CONCURRENT RESOLUTION

The following was introduced:

H. 3298 -- Reps. Burriss, J. Brown, Corning, Cromer, Faber, McBride, Quinn, Rogers, Scott, Waites, Wright, Derrick, Felder, Klapman, Koon, Sharpe, Sturkie, Short, Foster, McCain, Haskins, Baxley, McGinnis, Fair, Neilson, Wilkins, McKay, and Kinon: A CONCURRENT RESOLUTION CONGRATULATING MAJOR GENERAL T. ESTON MARCHANT, SOUTH CAROLINA'S DISTINGUISHED ADJUTANT GENERAL, FOR BEING NAMED "SOUTH CAROLINIAN OF THE YEAR".

Whereas, Major General T. Eston Marchant, Adjutant General, was named the 1990 "South Carolinian of the Year" by WIS-TV on January 21, 1991; and

Whereas, he is the thirty-seventh recipient of this distinguished award, which is given to honor an outstanding citizen who has brought national attention to the State; and

Whereas, he was recognized nationally in 1990 as a recipient of the highest peacetime award given, the United States Army Distinguished Service Medal which he received for his illustrious military career and dedicated service as South Carolina's Adjutant General; and

Whereas, he has a long history of distinguished service to his country, beginning in 1942 when he served in the United States Marine Corps including a combat tour in the Pacific Theater during World War II, followed by many years in the South Carolina Army National Guard, achieving the rank of Major General in 1979; and

Whereas, he has held many positions of great responsibility and trust in the South Carolina Army National Guard, including Commandant of the Palmetto Military Academy, Commander 2nd Brigade 30th Infantry Division, Assistant Commander 30th Infantry Division, Troop Commander of the South Carolina Army National Guard, and Adjutant General of the South Carolina National Guard from January, 1979, until the present; and

Whereas, as Adjutant General he is chief of the Military Department of the State and is commander of South Carolina's National Guard forces and under his leadership South Carolina Guard units consistently have received outstanding ratings, with the South Carolina Army National Guard being the top Army National Guard program in the nation; and

Whereas, during his distinguished years as State Adjutant General he has presided over an unprecedented peacetime expansion of the South Carolina National Guard. This growth includes a large number of personnel, modernization of equipment, and greatly increased responsibilities in the defense structure of the United States. As the National Guard has assumed a greater and more direct responsibility in our nation's defense, General Marchant's strength in leadership and force of personality has ensured that the South Carolina National Guard is prepared to take its place as a valuable and trusted force in the event of a national emergency and has taken its place in defense of this country with many South Carolina National Guard units serving now in the War in the Persian Gulf; and

Whereas, his outstanding leadership as Adjutant General has been acknowledged nationally among his colleagues and peers, having served as President of the Adjutant General's Association of the United States; and

Whereas, he is a native of South Carolina and has many years of dedicated public service to his community and State, having served on numerous boards and commissions including the University of South Carolina Board of Trustees serving as chairman for eight years and The Citadel Board of Visitors on which he continues to serve; and

Whereas, the members of the General Assembly are pleased to have this opportunity to recognize the illustrious career and outstanding achievements of this distinguished South Carolinian and congratulate him on this great honor. Now, therefore,

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

That the members of the General Assembly congratulate Major General T. Eston Marchant, Adjutant General of the State of South Carolina, upon being awarded the 1990 South Carolinian of the Year award by WIS-TV and recognize his dedication and untiring service to this State and his country.

Be it further resolved that a copy of this resolution be forwarded to Major General T. Eston Marchant, Adjutant General, 1 National Guard Road, Columbia, South Carolina 29201-4766.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3299 -- Reps. R. Young, Fulmer and Rama: A CONCURRENT RESOLUTION TO CONGRATULATE DR. GERALD R. HASTY FOR RECEIVING THE TITLE OF PROFESSOR EMERITUS IN HISTORY AND POLITICAL SCIENCE FROM CHARLESTON SOUTHERN UNIVERSITY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3300 -- Reps. G. Brown and Baxley: A CONCURRENT RESOLUTION TO CONGRATULATE RAY ALEXANDER OF LEE COUNTY ON THE OCCASION OF HIS RETIREMENT AFTER SERVING CONTINUOUSLY SINCE 1970 AS A MEMBER OF LEE COUNTY COUNCIL.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 532 -- Senators Fielding and Washington: A CONCURRENT RESOLUTION TO CONGRATULATE JOHN A. "JACKY" FRAZIER OF ALLENDALE COUNTY ON BEING SELECTED THE 1991 SMALL FARMER OF THE YEAR BY THE STATE ASSOCIATION OF FARMERS.

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. 533 -- Senators Fielding, Martschink, McConnell, Passailaigue and Washington: A CONCURRENT RESOLUTION TO COMMEND TRINITY UNITED METHODIST CHURCH AND CONGREGATION ON THE OBSERVANCE AND CELEBRATION OF THE TWO HUNDREDTH YEAR OF THE FOUNDING OF THE CONGREGATION IN CHARLESTON, SOUTH CAROLINA.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3301 -- Reps. Boan and McElveen: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO CORRECT THE DISPARATE TREATMENT OF INSURED AND SELF-FUNDED HEALTH CARE BENEFITS BY PERMITTING STATE REGULATION OF SELF-FUNDED HEALTH CARE PLANS.

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

INTRODUCTION OF BILLS

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

H. 3302 -- Rep. Burch: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM ROAD S-13-153 IN CHESTERFIELD COUNTY.

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

H. 3303 -- Reps. P. Harris, Waldrop and Wilder: A JOINT RESOLUTION TO DIRECT THE LONG TERM CARE COUNCIL TO STUDY AND DEVELOP A SYSTEM FOR INVESTIGATING AND PROSECUTING ADULT ABUSE, NEGLECT, AND EXPLOITATION, TO CLARIFY THE ROLES AND RESPONSIBILITIES OF THOSE AGENCIES IN THIS SYSTEM, TO PROVIDE FOR AN ADVISORY COMMITTEE TO COLLABORATE ON THE STUDY, AND TO PROVIDE FOR THE COMMITTEE MEMBERSHIP AND STAFFING.

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

H. 3304 -- Reps. J. Harris, Tucker, Waldrop, Clyborne and Corning: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIMA FACIE EVIDENCE OF AND PROSECUTION FOR FRAUDULENT INTENT IN DRAWING A CHECK, SO AS TO INCREASE THE SERVICE CHARGE FROM FIFTEEN TO TWENTY DOLLARS.

Referred to Committee on Judiciary.

H. 3305 -- Rep. McElveen: A BILL TO AMEND SECTIONS 30-4-20, 30-4-40, AND 30-4-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF PUBLIC RECORD, MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, AND CERTAIN MATTERS WHICH ARE DECLARED PUBLIC INFORMATION, SO AS TO PROVIDE THAT RECORDS OF THE HOME ADDRESSES AND TELEPHONE NUMBERS OF EMPLOYEES AND OFFICERS OF PUBLIC BODIES ARE NOT PUBLIC RECORDS UNDER THE ACT AND MAY NOT BE DISCLOSED.

Referred to Committee on Judiciary.

H. 3306 -- Rep. Rama: A BILL TO AMEND SECTIONS 8-13-10, 8-13-20, AS AMENDED, 8-13-120, 8-13-610, 8-13-810, AND 8-13-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FINDINGS OF THE GENERAL ASSEMBLY REGARDING ETHICS, DEFINITION OF THE TERM 'SUPERVISORY OFFICE', DUTIES OF THE STATE ETHICS COMMISSION, FILING OF A STATEMENT OF ECONOMIC INTERESTS, FILING THE STATEMENT BEFORE TAKING OATH OR COMMENCING EMPLOYMENT, AND REPORTING ON NAME OF, PURCHASES BY, OR GIFTS FROM LOBBYISTS, SO AS TO INCLUDE MEMBERS OF THE SENATE AND HOUSE OF REPRESENTATIVES UNDER THE JURISDICTION OF THE STATE ETHICS COMMISSION; AND TO REPEAL ARTICLE 5, CHAPTER 13 OF TITLE 8 RELATING TO THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES.

Referred to Committee on Judiciary.

H. 3307 -- Rep. Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-59-45 SO AS TO PROVIDE FOR THE TIMELY PAYMENT OF CLAIMS TO A HOSPITAL BY ACCIDENT AND HEALTH INSURERS, FOR PENALTIES, AND FOR EXCESSIVE AND IMPROPERLY PAID CLAIMS.

Referred to Committee on Labor, Commerce and Industry.

H. 3308 -- Rep. Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-11-140 SO AS TO PROHIBIT THE COPYING OF A CREDIT CARD ACCOUNT NUMBER WHEN A CREDIT CARD IS PRESENTED FOR CHECK IDENTIFICATION AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Judiciary.

H. 3309 -- Rep. Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 118 TO TITLE 59, SO AS TO ENACT THE SOUTH CAROLINA PREPAID POSTSECONDARY EDUCATION EXPENSE PROGRAM; TO ESTABLISH THE SOUTH CAROLINA PREPAID POSTSECONDARY EDUCATION EXPENSE BOARD TO IMPLEMENT THE PROGRAM; TO AMEND SECTION 12-7-435, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME, SO AS TO ALLOW THE DEDUCTION OF PAYMENTS FOR AND BENEFITS FROM AN ADVANCE PAYMENT CONTRACT FOR UNIVERSITY AND COMMUNITY COLLEGE ADVANCE PAYMENT PLANS, TO REQUIRE THE BOARD TO OBTAIN RULINGS FROM THE INTERNAL REVENUE SERVICE AND THE SECURITIES AND EXCHANGE COMMISSION WITH RESPECT TO THE PROGRAM AND TO REQUIRE THE INFORMATION TO BE PROVIDED TO PARTICIPANTS.

Referred to Committee on Ways and Means.

H. 3310 -- Rep. Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-55 SO AS TO REQUIRE APPLICANTS FOR A DRIVER'S LICENSE TO COMPLETE A COURSE ON SAFE DRIVING AND ALCOHOL AND DRUG EDUCATION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-29-51 SO AS TO REQUIRE AS A PART OF HIGH SCHOOL CURRICULUM A COURSE IN MOTOR VEHICLE OPERATION AND HIGHWAY SAFETY.

Referred to Committee on Education and Public Works.

H. 3311 -- Rep. Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-450 SO AS TO PROHIBIT THE SALE, LEASE, DISTRIBUTION, OR RENTAL OF RECORDS, AUDIOTAPES, COMPACT DISCS, MUSIC VIDEOTAPES, AND OTHER RECORDINGS THAT CONTAIN SEXUALLY EXPLICIT LYRICS, LYRICS THAT ADVOCATE VIOLENCE OR CRIMINAL CONDUCT, OR LYRICS CONTAINING SWEAR OR CURSE WORDS TO PERSONS UNDER THE AGE OF EIGHTEEN YEARS.

Referred to Committee on Judiciary.

H. 3312 -- Rep. Hayes: A BILL TO AMEND CHAPTER 35, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENTS AND DECREES, BY ADDING ARTICLE 11 SO AS TO ENACT THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT.

Referred to Committee on Judiciary.

H. 3313 -- Rep. McAbee: A BILL TO AMEND SECTION 59-39-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR PARTICIPATION IN INTERSCHOLASTIC ACTIVITIES AND THE RESPONSIBILITY FOR MONITORING THESE ACTIVITIES, SO AS TO PROVIDE THAT THE SOUTH CAROLINA HIGH SCHOOL LEAGUE SHALL HAVE JURISDICTION OVER ALL INTERSCHOLASTIC ACTIVITIES WHETHER ATHLETIC OR ACADEMIC.

Referred to Committee on Education and Public Works.

H. 3314 -- Reps. Rama, Whipper, Keyserling, J. Bailey, Houck, Waites, Jaskwhich, Wilkes and Beatty: A BILL TO AMEND SECTION 59-63-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWING CORPORAL PUNISHMENT IN THE PUBLIC SCHOOLS OF THIS STATE, SO AS TO PROHIBIT CORPORAL PUNISHMENT, PROVIDE EXCEPTIONS, AND DEFINE "CORPORAL PUNISHMENT".

Referred to Committee on Education and Public Works.

H. 3315 -- Rep. Clyborne: A BILL TO AMEND SECTION 20-7-1738, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY CUSTODY OF AN ADOPTEE FOLLOWING PLACEMENT, SO AS TO PROVIDE FOR A REMOVAL HEARING WHEN ADOPTIVE PARENTS HAVE RECEIVED AN ADOPTEE BUT NO PETITION HAS BEEN FILED.

Referred to Committee on Judiciary.

H. 3316 -- Reps. H. Brown, Wofford, J. Williams and D. Williams: A BILL TO AMEND SECTION 12-9-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHHOLDING REQUIREMENTS FROM CERTAIN PAYMENTS FOR STATE INCOME TAX PURPOSES, SO AS TO PROVIDE THAT THE EXEMPTION FROM WITHHOLDING REQUIREMENTS OF UTILITIES HIRING OR CONTRACTING WITH NONRESIDENT UTILITIES TO PERFORM SERVICES OF A TEMPORARY NATURE RELATING TO DAMAGE CAUSED BY NATURAL FORCES ALSO APPLIES TO COUNTIES MAKING SUCH PAYMENTS TO A PERSON NOT IN ITS REGULAR EMPLOY, AND TO PROVIDE THAT THESE PROVISIONS RELATING TO COUNTIES ARE RETROACTIVE TO DECEMBER 31, 1988.

Referred to Committee on Ways and Means.

H. 3317 -- Reps. Boan and McElveen: A BILL TO AMEND ACT 127 OF 1989, RELATING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO DESIGNATE A PORTION OF THAT ACT AS SECTION 38-74-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO PROVIDE THAT THE WAITING PERIOD WAIVER DOES NOT APPLY TO A PERSON WHOSE POLICY HAS BEEN TERMINATED OR RESCINDED INVOLUNTARILY DUE TO A MATERIAL MISREPRESENTATION AND TO CLARIFY THAT A PERSON IS INELIGIBLE FOR POOL COVERAGE IF OTHER HEALTH INSURANCE UNDER WHICH THEY ARE COVERED OR ELIGIBLE IS COMPARABLE TO THAT OFFERED BY THE POOL.

Referred to Committee on Labor, Commerce and Industry.

H. 3318 -- Reps. Boan and McElveen: A BILL TO AMEND ACT 127 OF 1989, RELATING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO DESIGNATE A PORTION OF THAT ACT AS SECTION 38-74-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO PROVIDE THAT THE COLLECTION OF ASSESSMENTS FROM MEMBERS OF THE POOL IS FOR CLAIMS INCURRED OR ESTIMATED TO BE INCURRED UNDER THE PLAN RATHER THAN FOR CLAIMS PAID UNDER THE PLAN.

Referred to Committee on Labor, Commerce and Industry.

H. 3319 -- Reps. Boan and McElveen: A BILL TO AMEND ACT 127 OF 1989, RELATING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO DESIGNATE A PORTION OF THAT ACT AS SECTION 38-74-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO INCLUDE IMMUNITY FOR AN ACT OR OMISSION IN THE PERFORMANCE OF THE POWERS AND DUTIES UNDER THE HEALTH INSURANCE POOL ACT.

Referred to Committee on Labor, Commerce and Industry.

H. 3320 -- Reps. Boan and McElveen: A BILL TO AMEND ARTICLE 1, CHAPTER 43, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AGENTS, BY ADDING SECTION 38-43-106 SO AS TO PROVIDE FOR BIENNIAL CONTINUING EDUCATION REQUIREMENTS FOR AGENTS LICENSED TO SELL PROPERTY AND CASUALTY INSURANCE AND TO AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THESE PROVISIONS.

Referred to Committee on Labor, Commerce and Industry.

H. 3321 -- Reps. Boan and McElveen: A BILL TO AMEND SECTION 38-71-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS FOR GROUP ACCIDENT AND HEALTH INSURANCE COVERAGE, SO AS TO REDUCE THE REQUIRED SIZE OF CERTAIN GROUPS TO WHICH VARIOUS DISCONTINUANCE AND REPLACEMENT PROVISIONS APPLY.

Referred to Committee on Labor, Commerce and Industry.

H. 3322 -- Reps. Boan and McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-725 SO AS TO REQUIRE THAT THE RATES FOR ANY HEALTH INSURANCE POLICY FORM PROPOSED TO BE USED FOR GROUPS FROM TWO TO TWENTY-FOUR MUST BE FIXED WITH REFERENCE TO THE COMBINED EXPERIENCE OF THE INSURER WITH RESPECT TO RELEVANT POLICIES, TO PROVIDE FOR THE APPLICATION OF CERTAIN RISK AND BENEFIT FACTORS, AND TO LIMIT THE EXTENT TO WHICH EXPERIENCE ADJUSTMENT AT ANY RENEWAL DATE CAN BE MADE FOR THESE POLICIES TO AN AMOUNT TWENTY PERCENT, GREATER OR LESS, THAN THE COMBINED RATE.

Referred to Committee on Labor, Commerce and Industry.

H. 3323 -- Reps. Boan and McElveen: A BILL TO AMEND SECTION 38-71-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO REQUIRE THAT THESE POLICIES PROPOSED TO BE USED FOR ANY GROUP OF FROM TWO TO TWENTY-FOUR PERSONS MAY NOT BE CANCELED OR NONRENEWED EXCEPT FOR NONPAYMENT OF PREMIUMS, FRAUD, OR MATERIAL MISREPRESENTATION IN THE APPLICATION, FAILURE TO MAINTAIN PARTICIPATION REQUIREMENTS, OR BREACH OF OTHER CONTRACT PROVISIONS UNLESS ALL POLICIES ISSUED ON THE SAME FORM ARE CANCELED OR NONRENEWED AT THE SAME TIME.

Referred to Committee on Labor, Commerce and Industry.

H. 3324 -- Reps. Boan and McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-650 SO AS TO GRANT TO ANY PERSON PURCHASING AN INDIVIDUAL ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICY AFTER JULY 1, 1991, THE RIGHT TO TRANSFER TO ANY OTHER INDIVIDUAL POLICY OF EQUAL OR LESSER BENEFITS OFFERED FOR SALE BY THE INSURER AT THE TIME THE TRANSFER IS SOUGHT, WITH WAITING PERIODS AND PREEXISTING CONDITION PERIODS TO BE SERVED AFTER THE TRANSFER.

Referred to Committee on Labor, Commerce and Industry.

H. 3325 -- Reps. Boan and McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-325 SO AS TO PROVIDE FOR ADDITIONAL REQUIREMENTS FOR THE APPROVAL OF INDIVIDUAL MAJOR MEDICAL EXPENSE COVERAGE POLICIES.

Referred to Committee on Labor, Commerce and Industry.

H. 3326 -- Reps. Boan and McElveen: A BILL TO AMEND SECTION 38-71-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS FOR GROUP ACCIDENT AND HEALTH INSURANCE COVERAGE, DISCONTINUANCE, AND REPLACEMENT, SO AS TO ESTABLISH WHEN A REPLACEMENT CARRIER BECOMES A SUCCEEDING CARRIER; AND TO AMEND SECTION 38-71-770, AS AMENDED, RELATING TO MANDATORY CONTINUATION AND CONVERSION PRIVILEGES FOR ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO ESTABLISH THE STANDARD BY WHICH A GROUP POLICY BECOMES A SUCCESSOR POLICY.

Referred to Committee on Labor, Commerce and Industry.

H. 3327 -- Reps. Boan and McElveen: A BILL TO AMEND SECTION 38-71-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO REDUCE THE SIZE OF THE GROUPS FOR WHICH INDIVIDUAL EVIDENCE OF INSURABILITY MAY NOT BE REQUIRED FROM TWENTY-FIVE PERSONS TO TWO PERSONS, AND TO REQUIRE AN INSURER TO GIVE CREDIT FOR THE SATISFACTION OF A PREEXISTING CONDITION PERIOD IF A COVERED PERSON MOVES FROM ONE INSURED GROUP TO ANOTHER.

Referred to Committee on Labor, Commerce and Industry.

H. 3328 -- Reps. Beasley, Waites, Fair, Wright and Cromer: A BILL TO AMEND CHAPTER 137 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EARLY INTERVENTION PROGRAMS FOR PRESCHOOL-AGE HANDICAPPED CHILDREN, SO AS TO FURTHER PROVIDE FOR THESE PROGRAMS; TO AMEND SECTION 59-63-20, AS AMENDED, RELATING TO PUPILS AND AGE OF ATTENDANCE IN THE PUBLIC SCHOOLS, SO AS TO PROVIDE THAT THREE-YEAR OLD, FOUR-YEAR-OLD, AND FIVE-YEAR-OLD HANDICAPPED CHILDREN ARE ELIGIBLE TO PARTICIPATE IN ANY PRESCHOOL HANDICAPPED PROGRAM RATHER THAN JUST IN EARLY INTERVENTION PROGRAMS, AND TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO THE SOUTH CAROLINA EDUCATION FINANCE ACT AND THE DETERMINATION OF ANNUAL ALLOCATIONS AND WEIGHTINGS, SO AS TO PROVIDE FOR CERTAIN ADDITIONAL WEIGHTINGS IN REGARD TO PRESCHOOL HANDICAPPED PUPILS.

Referred to Committee on Ways and Means.

H. 3329 -- Rep. Nettles: A BILL TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO EXTEND THE CREDIT TO SUBCHAPTER S CORPORATIONS.

Referred to Committee on Ways and Means.

H. 3330 -- Rep. Kirsh: A BILL TO AMEND SECTION 9-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPTIONAL RETIREMENT PROGRAM FOR PUBLICLY-SUPPORTED FOUR-YEAR AND POSTGRADUATE INSTITUTIONS OF HIGHER LEARNING, SO AS TO AUTHORIZE TECHNICAL EDUCATION COLLEGES TO PARTICIPATE IN THIS PROGRAM.

Referred to Committee on Ways and Means.

H. 3331 -- Reps. Altman and Keegan: A BILL TO AMEND SECTION 56-5-1620, CODE OF LAWS OF SOUTH CAROLINA, RELATING TO PENALTIES FOR RACING A MOTOR VEHICLE, SO AS TO INCREASE THE PENALTIES, PROVIDE FOR CONFISCATION, FORFEITURE, AND SALE OF THE VEHICLE, AND CONFORM CERTAIN PROVISIONS FOR DRIVERS AND PERSONS WHO ACQUIESCE IN OR PERMIT DRIVING WHEN A MOTOR VEHICLE IS RACED.

Referred to Committee on Judiciary.

H. 3333 -- Reps. P. Harris, White, Short, Rama, Felder and Houck: A JOINT RESOLUTION TO APPROPRIATE EXCESS MEDICAID NURSING HOME FEES TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION FOR MEDICAID NURSING HOME CARE, TO USE INCREASED FEDERAL MEDICAID MATCHING FUNDS FOR UNANTICIPATED MEDICAID EXPENDITURES, AND TO REQUIRE THAT FUNDS GENERATED MUST BE USED FOR MEDICAID SERVICES.

Referred to Committee on Ways and Means.

H. 3302--ORDERED TO BE READ SECOND
TIME TOMORROW

On motion of Rep. BURCH, with unanimous consent, it was ordered that H. 3302 be read the second time tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3332 -- Rep. J.C. Johnson: A HOUSE RESOLUTION TO AMEND RULE 12.3 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO ACCEPTANCE OF A CONTRIBUTION BY A CANDIDATE FOR THE HOUSE, SO AS TO DELETE REFERENCES TO THE ACCEPTANCE OF A CONTRIBUTION FOR ANY GIVEN CAMPAIGN AND ADD PROVISIONS THAT THE CONTRIBUTION BE RECEIVED IN A CALENDAR YEAR.

Be it resolved by the House of Representatives:

That Rule 12.3 of the House be amended to read:

"12.3     A member of the House, a candidate for the House, any committee working on behalf of a candidate for the House, or any duly organized group or political party receiving or soliciting funds for the support of a political candidate or candidates for the House may not accept a contribution:

(1)     of currency of the United States or currency of a foreign country from a contributor which, in the aggregate from that contributor, exceeds fifty dollars for any given campaign in a calendar year;

(2)     from a registered lobbyist or lobbyist's employer in an amount to exceed two hundred fifty dollars for any given campaign in a calendar year."

The Resolution was ordered referred to the Committee on Rules.

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

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on January 24, 1991.

Ken Corbett                       Thomas E. Huff
C. Lenoir Sturkie                 Denny W. Neilson
Paul Short
Total Present--107

LEAVES OF ABSENCE

The SPEAKER granted Reps. L. MARTIN, MARCHBANKS, HENDRICKS, ROSS, BAKER and JASKWHICH leaves of absence for the day.

DOCTORS OF THE DAY

Announcement was made that Dr. Bartolo Barone and Dr. Brian Cuddy are the Doctors of the Day for the General Assembly.

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

ADJOURNMENT

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

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