South Carolina General Assembly
110th Session, 1993-1994
Journal of the House of Representatives

WEDNESDAY, FEBRUARY 10, 1993

Wednesday, February 10, 1993
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 P.M.

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

We thank You, Heavenly Father, for these unique places of service to which You have called us. May we always reflect courage, candor and conviction in both our private lives and in our public careers. Enable us to begin every day with a hope and to end it with fulfillment, as along the way we build bridges, not walls. And as we claim God as our Father, make us act like His children. Forgive our shortcomings, correct our errors, renew our minds with Your holy teachings.

Inspire us to pray regularly, knowing that no one is poor who can by prayer open the storehouse of God's blessings.

To You, Lord, be all honor and praise. Amen.

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

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

MOTION ADOPTED

Rep. D. SMITH moved that when the House adjourns, it adjourn in memory of Mr. James H. Strickler, Sr., which was agreed to.

REPORTS OF STANDING COMMITTEE

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

H. 3011 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-26-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUMAN RIGHTS COMMITTEES FOR MENTAL RETARDATION CLIENTS, SO AS TO DELETE THE DUTY OF THE COMMITTEES TO ADVISE ON PLANS FOR BEHAVIOR SUPPORT WHICH MAY RESTRICT PERSONAL FREEDOMS OR CLIENTS' RIGHTS AND SECTION 44-26-140, RELATING TO SUITABLE CARE AND HABILITATION FOR CLIENTS, SO AS TO PROVIDE THAT REQUIREMENTS FOR THE DEPARTMENT OF MENTAL RETARDATION TO DEVELOP SERVICES NECESSARY TO MEET CLIENTS' NEEDS ARE BASED ON AVAILABLE RESOURCES.

Ordered for consideration tomorrow.

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

H. 3013 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-15-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT AND APPOINTMENT OF MENTAL HEALTH BOARDS, SO AS TO INCLUDE PARENTS OF EMOTIONALLY DISTURBED CHILDREN AND ADOLESCENTS FOR CONSIDERATION AS CONSUMER AND FAMILY REPRESENTATIVES ON THE BOARDS.

Ordered for consideration tomorrow.

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

H. 3018 -- Reps. P. Harris, Waldrop, Neilson, Allison, Baxley, Cromer, Gamble, J. Harris, Harrison, Haskins, Inabinett, Jaskwhich, Littlejohn, Martin, Mattos, Phillips, Rhoad, Rudnick, Shissias, Stille, Vaughn, Walker, Waites, Wells, Whipper, J. Wilder, Wilkes, Marchbanks and Snow: A JOINT RESOLUTION TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON AGING TO FORM A BLUE RIBBON TASK FORCE TO STUDY THE PLANNING, COORDINATION, AND DELIVERY OF SERVICES TO ALZHEIMER'S VICTIMS AND THEIR FAMILIES, TO RECOMMEND AN ORGANIZATIONAL STRUCTURE TO HAVE PRIMARY RESPONSIBILITY FOR THESE FUNCTIONS, AND TO REPORT TO THE COMMITTEE.

Ordered for consideration tomorrow.

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

H. 3118 -- Reps. Cobb-Hunter, Waites, Williams, Govan, Whipper, McTeer, Inabinett, Breeland, Canty, Keyserling and J. Brown: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO OVERSEE THE IMPLEMENTATION OF THE RECOMMENDATIONS MADE BY THE TASK FORCE FOR SOLVING HOMELESSNESS; TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES; AND TO PROVIDE THAT THE MEMBERS SHALL SERVE WITHOUT COMPENSATION.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3438 -- Reps. Carnell, McAbee and Klauber: A HOUSE RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AT THE DEATH OF MR. O'NEAL JOHNSON OF COLUMBIA AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3439 -- Rep. Corning: A CONCURRENT RESOLUTION COMMENDING CHRISTOPHER POTOK OF RICHLAND COUNTY ON ATTAINING THE RANK OF EAGLE SCOUT.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 389 -- Senator Drummond: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DR. EDWIN B. JOSEPH, ONE OF SOUTH CAROLINA'S ABLEST ADMINISTRATORS IN THE FIELD OF MARINE FISHERIES MANAGEMENT AND RESEARCH, AND EXTENDING DEEPEST SYMPATHY TO HIS WONDERFUL FAMILY AND HIS MANY FRIENDS.

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

INTRODUCTION OF BILLS

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

H. 3440 -- Reps. J. Bailey, Corning, Scott, McElveen and Quinn: A BILL TO AMEND SECTION 42-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WORKERS' COMPENSATION FUND (FUND) AND THE PROVISIONS THAT SUBDIVISIONS OF THE STATE MAY COME UNDER THE ARTICLE RELATING TO THE FUND, SO AS TO, AMONG OTHER THINGS, ALLOW NONGOVERNMENTAL, PRIVATE EMPLOYERS THE OPTION OF PARTICIPATING UNDER THAT ARTICLE; TO AMEND SECTION 42-7-70, RELATING TO RATES AND PREMIUMS PAID BY EMPLOYERS INSURED IN THE FUND, SO AS TO PROVIDE THAT THE PREMIUMS COLLECTED AND INVESTMENT INCOME FROM PRIVATE EMPLOYERS MUST BE DETERMINED, MAINTAINED, AND ACCOUNTED FOR SEPARATELY FROM PREMIUMS OF GOVERNMENTAL ENTITIES AND THAT THE FUND MUST PAY A PREMIUM TAX ON PRIVATE EMPLOYERS' PREMIUMS; AND TO REQUIRE THAT THE PLAN OF OPERATION REQUIRED BY SECTION 42-7-50(C) MUST BE COMPLETED WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS ACT.

Referred to Committee on Labor, Commerce and Industry.

H. 3441 -- Reps. McElveen, Scott, Quinn and Corning: A BILL TO AMEND SECTION 56-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS EXEMPT FROM DRIVER'S LICENSE REQUIREMENTS, SO AS TO, AMONG OTHER THINGS, PROVIDE AN EXEMPTION FOR A NONRESIDENT WHO IS AT LEAST SEVENTEEN, RATHER THAN SIXTEEN, YEARS OF AGE AND FOR A CITIZEN OF GERMANY WHO IS AT LEAST EIGHTEEN YEARS OF AGE, IS EMPLOYED IN SOUTH CAROLINA, AND HAS A VALID DRIVER'S LICENSE ISSUED IN GERMANY; TO AMEND SECTION 56-1-40, RELATING TO PERSONS WHO SHALL NOT BE LICENSED FOR PURPOSES OF THE DRIVER'S LICENSE REQUIREMENTS AND TO BEGINNER'S OR INSTRUCTION PERMITS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MAY NOT ISSUE A MOTOR VEHICLE DRIVER'S LICENSE TO A PERSON UNDER SEVENTEEN, RATHER THAN SIXTEEN, YEARS OF AGE, EXCEPT THAT THE DEPARTMENT MAY ISSUE A BEGINNER'S OR INSTRUCTION PERMIT TO A PERSON WHO IS AT LEAST SIXTEEN, RATHER THAN FIFTEEN, YEARS OF AGE AND A SPECIAL RESTRICTED DRIVER'S LICENSE TO A PERSON WHO IS AT LEAST SIXTEEN, RATHER THAN FIFTEEN, YEARS OLD AND LESS THAN SEVENTEEN, RATHER THAN SIXTEEN, YEARS OF AGE AS PROVIDED IN SECTION 56-1-180; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO BEGINNER'S PERMIT AND DRIVER TRAINING COURSE, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT A PERSON WHO IS AT LEAST SIXTEEN, RATHER THAN FIFTEEN, YEARS OF AGE MAY APPLY TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR A BEGINNER'S PERMIT AND THAT, WHILE DRIVING, THE PERMITTEE MUST BE ACCOMPANIED BY A LICENSED DRIVER TWENTY-ONE, RATHER THAN EIGHTEEN, YEARS OF AGE OR OLDER; TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO SPECIAL RESTRICTED DRIVER'S LICENSES FOR CERTAIN MINORS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MAY ISSUE A SPECIAL RESTRICTED DRIVER'S LICENSE TO A PERSON WHO IS AT LEAST SIXTEEN, RATHER THAN FIFTEEN, AND LESS THAN SEVENTEEN, RATHER THAN SIXTEEN, YEARS OF AGE; TO AMEND SECTION 56-5-6540, RELATING TO SAFETY BELTS, PENALTIES, AND ENFORCEMENT, SO AS TO INCREASE THE MAXIMUM AMOUNTS OF CERTAIN FINES AND DELETE THE PROVISIONS, INCLUDING THOSE RELATING TO STOPPING A DRIVER FOR A VIOLATION OF THE SAFETY BELT PROVISIONS IN THE ABSENCE OF ANOTHER VIOLATION OF THE MOTOR VEHICLE LAWS AND EXCEPTIONS; AND TO REQUIRE THE CHIEF INSURANCE COMMISSIONER BY A CERTAIN DATE TO REVIEW THE EXPERIENCE OF AUTOMOBILE INSURERS ISSUING POLICIES OF PRIVATE PASSENGER AUTOMOBILE INSURANCE IN SOUTH CAROLINA TO DETERMINE WHETHER ANY RATE DECREASES ARE JUSTIFIED AS A RESULT OF THE PASSAGE OF THIS ACT.

Referred to Committee on Education and Public Works.

H. 3442 -- Rep. Cromer: A BILL TO ALLOW SCHOOL ADMINISTRATORS AND OFFICIALS TO CONDUCT SEARCHES OF STUDENT AREAS ON SCHOOL PROPERTY WITHOUT PROBABLE CAUSE.

Referred to Committee on Judiciary.

H. 3443 -- Rep. Davenport: A BILL TO AMEND SECTION 50-11-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON, BAG LIMITS, AND METHODS OF HUNTING AND TAKING ANTLERLESS DEER, SO AS TO PROVIDE FOR THE REQUIREMENTS FOR ANTLERED DEER TO APPLY TO ANTLERLESS DEER IN GAME ZONE 11; AND TO AMEND SECTION 50-11-410, RELATING TO THE PROHIBITIONS PERTAINING TO ANTLERLESS DEER, SO AS TO PROVIDE FOR THE EXCEPTION IN GAME ZONE 11.

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

H. 3444 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-425 SO AS TO PROVIDE REQUIREMENTS FOR A HUNT CLUB WHICH FEEDS DEER, PROVIDE PENALTIES, AND DEFINE "HUNT CLUB".

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

H. 3445 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-1055 SO AS TO REQUIRE THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO ASSIST DEER DEPREDATION PERMITTEES IN ELIMINATING A DAMAGE PROBLEM IF THE PERMIT IS INEFFECTIVE.

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

H. 3446 -- Reps. Wells, McAbee, Cobb-Hunter, Allison, Simrill, Cromer, Stoddard, Clyborne, Thomas, Wofford, Littlejohn, Walker, Gamble, Trotter, Marchbanks, J. Wilder, Shissias, Sharpe, Rhoad, Riser, Haskins, Farr, Stuart, Wilkins, D. Wilder, Klauber, Fair, McLeod, Graham, Waldrop, Wright, Quinn, Koon and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-57-75 SO AS TO MAKE IT AN UNFAIR METHOD OF COMPETITION AND UNFAIR OR DECEPTIVE ACT OR PRACTICE FOR AN INSURER TO CONTRACT OR AGREE WITH ANY COMPANY OR OTHER BUSINESS ENTITY TO MANAGE, HANDLE, OR ARRANGE INSURANCE REPAIR WORK OR TO ACT AS AN AGENT FOR THE INSURER IN ANY MANNER WHERE THE COMPANY OR ENTITY SETS A PRICE WHICH MUST BE MET BY A REPAIR SHOP AS A CONDITION OF DOING CLAIMS REPAIR WORK FOR THE INSURER AND THEN RETAINS A PERCENTAGE OF THE CLAIM PAID BY THE INSURER.

Referred to Committee on Labor, Commerce and Industry.

H. 3447 -- Reps. Fair and Keegan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-13-890 SO AS TO PROHIBIT CERTAIN ACTIVITIES BY A PERSON EMPLOYED BY OR PERFORMING ACTIVITIES INCIDENTAL TO THE BUSINESS OF A PERSON LICENSED OR PERMITTED FOR THE SALE OF ALCOHOLIC LIQUORS, BEER, OR WINE AND PROVIDE EXCEPTIONS AND PENALTIES.

Referred to Committee on Labor, Commerce and Industry.

H. 3448 -- Reps. Canty, McLeod, Byrd, Govan, Cobb-Hunter, McElveen, Hallman, Harrell, Riser, Law, Neilson, Gonzales, Shissias, Whipper, Keyserling, Quinn, Breeland, Williams, R. Young, P. Harris, Stille, Kennedy, Davenport, Littlejohn, Hines, M.O. Alexander, Harvin, Walker, J. Harris, McCraw, Delleney, Wofford, Neal, McMahand, Anderson, Thomas, Beatty and Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-91 SO AS TO PROVIDE THAT SCHOOL TRUSTEES SHALL DEVELOP AND IMPLEMENT A POLICY, REGULATIONS, AND GUIDELINES ALLOWING SCHOOL AUTHORITIES TO SEARCH PERSONS OR PROPERTY ON SCHOOL PREMISES FOR WEAPONS OR DRUGS.

Referred to Committee on Education and Public Works.

H. 3449 -- Reps. Inabinett, McLeod, Harrelson, Rogers, R. Smith, Hutson, Canty, McMahand, Cobb-Hunter, Beatty, Govan, Law, Holt, Gamble, Waites, McCraw, Mattos, Shissias, Hines, Harrell, Robinson, Quinn, Breeland, Rhoad, Harrison, Corning, Neilson, Graham, A. Young, Meacham, Barber, Vaughn, Baxley, Harvin, Thomas, M.O. Alexander, Davenport, Walker, J. Wilder, Richardson, Haskins, Klauber, McElveen, Stone, Moody-Lawrence, Kirsh, Littlejohn, Allison, Wells, Cromer and Wofford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-958 SO AS TO REQUIRE A PREGNANT WOMAN TO NAME THE PUTATIVE FATHER OF HER CHILD AS A CONDITION OF ELIGIBILITY FOR MEDICAID, OTHER HEALTH SERVICES, OR OTHER GOVERNMENT OR PUBLIC ASSISTANCE; TO REQUIRE THIS INFORMATION TO BE REPORTED TO THE STATE DEPARTMENT OF SOCIAL SERVICES FOR THE PURPOSE OF ESTABLISHING PATERNITY; TO REQUIRE THE FATHER TO PAY A PROPORTIONATE SHARE OF THE MOTHER'S HEALTH CARE COSTS ASSOCIATED WITH THE PREGNANCY; TO REQUIRE THE PARENTS OF THE PUTATIVE FATHER TO BE MADE PARTIES TO THE ACTION IF THE PUTATIVE FATHER IS UNDER EIGHTEEN AND TO REQUIRE THEM TO ASSUME RESPONSIBILITY FOR THESE COSTS IF THE COURT DETERMINES THAT THE FATHER IS UNABLE TO MEET THIS OBLIGATION.

Referred to Committee on Judiciary.

H. 3450 -- Reps. Simrill, G. Bailey, McKay, Harwell, Moody-Lawrence, Meacham, Littlejohn, Wright and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2925 SO AS TO PROHIBIT NEGLIGENT DRIVING, PROVIDE A PENALTY, AND PROHIBIT THE ASSESSMENT OF POINTS; AND TO PROVIDE THAT SECTION 56-5-2925 SUPERSEDES ANY SIMILAR ORDINANCE OF A COUNTY OR MUNICIPALITY.

Referred to Committee on Education and Public Works.

H. 3451 -- Reps. Riser, Snow, Shissias, Corning and Witherspoon: A BILL TO AMEND SECTION 46-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPERIMENTAL STATIONS FOR FARM DEMONSTRATION AND TESTING WORK, SO AS TO PROVIDE FOR THE STATIONS TO ENGAGE IN FARM RESEARCH AS AN INTEGRAL PART OF ITS MISSION.

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

H. 3452 -- Reps. R. Young and Gonzales: A BILL TO AMEND SECTION 29-3-325, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A FINANCIAL INSTITUTION WHICH IS A MORTGAGEE OR ASSIGNEE OF A MORTGAGE MUST SATISFY THE MORTGAGE WITHIN NINETY DAYS UNDER CERTAIN CONDITIONS OR INCUR A PENALTY, SO AS TO PROVIDE THAT CONTRARY WRITTEN INSTRUCTIONS OF THE MORTGAGOR OR CLOSING AGENT MUST ALSO BE COMPLIED WITH BY THE FINANCIAL INSTITUTION WITHIN THIS NINETY-DAY PERIOD.

Referred to Committee on Judiciary.

H. 3453 -- Reps. R. Young and Gonzales: A BILL TO AMEND SECTION 29-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SATISFACTION OF MORTGAGES UPON FULL PAYMENT, SO AS TO AUTHORIZE LENDERS TO DESIGNATE AGENTS TO HOLD MORTGAGES, RECEIVE PAYMENTS, ISSUE SATISFACTIONS OR RELEASES, AND BRING FORECLOSURE ACTIONS UNDER CERTAIN CONDITIONS.

Referred to Committee on Judiciary.

H. 3454 -- Reps. R. Young and Gonzales: A BILL TO AMEND SECTION 12-51-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DELINQUENT TAX SALES, SO AS TO REQUIRE THE COUNTY TREASURER TO MARK UPON THE PUBLIC TAX RECORDS REGARDING REAL PROPERTY SOLD FOR TAXES THAT THE FUNDS USED TO PAY THE DELINQUENT TAXES WERE DERIVED FROM A TAX SALE AND THE DATE OF THE SALE.

Referred to Committee on Judiciary.

H. 3455 -- Reps. Spearman and Williams: A BILL TO AMEND SECTION 59-111-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE TUITION FOR CERTAIN VETERANS' CHILDREN, SO AS TO DELETE THE EIGHTEEN YEAR RESIDENCY REQUIREMENT.

Referred to Committee on Education and Public Works.

H. 3456 -- Reps. Harvin, G. Bailey, Harwell, Baxley, McKay, J. Wilder, Kinon, R. Smith, Neilson, Inabinett, Scott, Govan, Thomas, Kelley, Neal, Keegan, Shissias, Whipper, Wells, Breeland, Hines, Wofford, Askins, Gamble, Stuart, J. Harris, Allison, Walker, Williams, Houck, Keyserling and Richardson: A BILL TO AMEND SECTIONS 23-8-10, 23-8-20, AND 23-8-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE FIRE COMMISSION, SO AS TO REDUCE THE COMMISSION MEMBERSHIP FROM NINETEEN TO EIGHTEEN MEMBERS BY DELETING THE FIRE CHIEF ELECTED AT LARGE BY THE GENERAL ASSEMBLY WHO SERVES AS CHAIRMAN AND PROVIDING THAT THE COMMISSION SHALL ELECT THE CHAIRMAN, TO PROVIDE THAT THE CONSUMER REPRESENTATIVE ON THE COMMISSION MAY NOT BE FROM ONE OF THE PROFESSIONS MANDATED FOR OTHER BOARD MEMBERS, AND TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD MAY REQUIRE THE STATE FIRE COMMISSION TO RECOMMEND ADDITIONAL CANDIDATES FOR STATE FIRE MARSHAL AND TO DELETE REFERENCES TO THE REJECTION OF CANDIDATES.

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

H. 3457 -- Reps. McAbee, Carnell, D. Wilder, Waldrop, Stoddard, Klauber and Stille: A BILL TO AMEND ACT 670 OF 1976, AS AMENDED, RELATING TO GLEAAMS HUMAN RESOURCES COMMISSION, SO AS TO REMOVE ANDERSON COUNTY FROM AND ADD NEWBERRY COUNTY TO THE COMMISSION; TO AMEND SECTIONS 43-41-10 AND 43-41-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION AND COMPOSITION OF THE COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO GLEAMNS AND TO REMOVE ANDERSON COUNTY FROM AND ADD NEWBERRY COUNTY TO THE COMMISSION; TO AMEND SECTIONS 43-41-30 AND 43-41-80, BOTH RELATING TO COMPOSITION OF THE COMMISSION AND ADDING MEMBERS BY PETITION, SO AS TO DELETE OUTDATED FEDERAL REFERENCES; AND TO REPEAL SECTION 43-41-50 RELATING TO THE PROCESS FOR APPOINTING MEMBERS TO THE COMMISSION.

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

H. 3458 -- Rep. R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-130 SO AS TO PROVIDE THAT CERTAIN PIECES OR PARCELS OF LAND WHICH HAVE BEEN DEDICATED FOR USE AS A ROAD, STREET, PARK, OPEN SPACE, OR OTHER SIMILAR PURPOSE, AND WHICH HAVE NOT BEEN USED FOR THIS PURPOSE WITHIN TEN YEARS AFTER THE DEDICATION ARE PRESUMED ABANDONED FOR THE PURPOSE DEDICATED UNDER SPECIFIED CONDITIONS, TO PROVIDE FOR THE MANNER IN WHICH THIS ABANDONMENT WILL BE CONSIDERED NOT TO HAVE OCCURRED, TO PROVIDE FOR THE DISPOSITION OF PIECE OR PARCEL OF LAND INVOLVED, AND TO PROVIDE CERTAIN EXCEPTIONS TO THE ABOVE PROVISIONS.

Referred to Committee on Judiciary.

H. 3459 -- Rep. McAbee: A BILL TO AMEND SECTIONS 56-15-310, 56-15-320, AND 56-15-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEALER OR WHOLESALER LICENSES, SO AS TO ADD WHOLESALE MOTOR VEHICLE AUCTION TO PROVISIONS ON LICENSING AND REPORTING; TO AMEND SECTION 56-15-10, RELATING TO DEFINITIONS FOR THE CHAPTER ON REGULATION OF MANUFACTURERS, SO AS TO DEFINE WHOLESALER MOTOR VEHICLE AUCTION; AND TO AMEND SECTION 56-3-2320, AS AMENDED, RELATING TO DEALER AND WHOLESALER LICENSE PLATES, SO AS TO ADD WHOLESALE MOTOR VEHICLE AUCTION.

Referred to Committee on Labor, Commerce and Industry.

H. 3460 -- Reps. Tucker, Rogers, Hodges and Jennings: A BILL TO AMEND SECTION 20-7-2115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUVENILE AFTERCARE PROGRAMS, SO AS TO PROVIDE THAT THE JUVENILE PAROLE BOARD IS INDEPENDENT OF THE COMMISSIONER FOR DEPARTMENT OF YOUTH SERVICES.

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

S. 56 -- Senator Bryan: A BILL TO AMEND SECTION 44-13-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMISSION AND COMMITMENT FORMS TO BE KEPT BY PROBATE JUDGES, SO AS TO ADD REFERENCES TO CHAPTERS REQUIRING THESE FORMS.

Referred to Committee on Judiciary.

S. 378 -- Senators Rankin, Elliott and Greg Smith: A JOINT RESOLUTION TO PROVIDE FOR MAKING UP AN EDUCATION FINANCE ACT ALLOCATION UNDERPAYMENT TO A SCHOOL DISTRICT RESULTING FROM AN ERROR IN THE PREPARATION OF THE DISTRICT'S INDEX OF TAXPAYING ABILITY FOR SCHOOL YEAR 1992-93, TO REQUIRE THE UNDERPAYMENT TO BE MADE UP IN EFA DISTRIBUTIONS TO THE DISTRICT OVER THE SUCCEEDING TWO SCHOOL YEARS, TO PROVIDE FOR EFA ALLOTMENT CALCULATIONS DURING THE PAYBACK PERIOD, AND TO REQUIRE THE UNDERPAYMENT TO EXCEED TEN PERCENT FOR THE DISTRICT TO BE ELIGIBLE FOR THE MAKEUP PAYMENT.

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

S. 379 -- Senator Martin: A BILL TO AMEND SECTION 30-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD PICKENS COUNTY TO THE LIST OF COUNTIES WHICH HAVE A REGISTER OF MESNE CONVEYANCES; AND TO AMEND SECTION 30-5-12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD PICKENS COUNTY TO THE LIST OF COUNTIES WHICH SHALL APPOINT THE REGISTER OF MESNE CONVEYANCES FOR ITS COUNTY PURSUANT TO THE TERMS AND CONDITIONS AS IT MAY AGREE UPON.

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

S. 380 -- Senator Martin: A BILL TO AMEND ACT 610 OF 1984, RELATING TO THE SINKING FUND COMMISSION FOR THE SCHOOL DISTRICT OF PICKENS COUNTY, SO AS TO ADD THE SUPERINTENDENT OF EDUCATION FOR THE PICKENS COUNTY SCHOOL DISTRICT TO THE SINKING FUND COMMISSION.

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

PRESENTATION

Rep. COBB-HUNTER, on behalf of the Orangeburg Delegation, presented to the House Dr. Barbara R. Hatton, President of S.C. State University.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Bailey, G.
Bailey, J.             Baker                  Barber
Baxley                 Beatty                 Boan
Breeland               Brown, G.              Brown, H.
Byrd                   Canty                  Carnell
Cato                   Chamblee               Clyborne
Cobb-Hunter            Cooper                 Corning
Cromer                 Davenport              Delleney
Elliott                Fair                   Farr
Fulmer                 Gamble                 Gonzales
Graham                 Hallman                Harrell
Harrelson              Harris, J.             Harris, P.
Harvin                 Harwell                Haskins
Hines                  Hodges                 Holt
Houck                  Huff                   Hutson
Inabinett              Jaskwhich              Jennings
Keegan                 Kelley                 Kennedy
Keyserling             Kinon                  Kirsh
Klauber                Koon                   Lanford
Law                    Littlejohn             Marchbanks
Martin                 Mattos                 McAbee
McCraw                 McElveen               McKay
McLeod                 McMahand               McTeer
Moody-Lawrence         Neal                   Neilson
Phillips               Quinn                  Rhoad
Richardson             Riser                  Robinson
Rogers                 Rudnick                Scott
Sharpe                 Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Spearman               Stille                 Stoddard
Stone                  Stuart                 Sturkie
Thomas                 Townsend               Trotter
Tucker                 Vaughn                 Waites
Waldrop                Walker                 Wells
Whipper                White                  Wilder, D.
Wilder, J.             Wilkes                 Wilkins
Williams               Witherspoon            Wofford
Worley                 Young, A.              Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, February 10.

Jerry N. Govan, Jr.               Becky Meacham
Joe E. Brown                      James H. Harrison
John G. Felder
Total Present--122

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. March Seabrook of West Columbia is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

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

H. 3049 -- Rep. Cromer: A BILL TO AMEND SECTION 40-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPOSITION OF THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO DELETE THE REQUIREMENT THAT THE MEMBER REPRESENTING EACH CONGRESSIONAL DISTRICT MUST PRACTICE IN THAT DISTRICT, DELETE PROVISIONS RELATING TO STAGGERED TERMS FOR INITIAL APPOINTMENTS, AND MAKE TECHNICAL CORRECTIONS.

H. 3175 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-435 SO AS TO PROVIDE FOR AN OFFENSE FOR FRAUDULENT ACQUISITION OF PUBLIC FUNDS OR BENEFITS AND TO PROVIDE PENALTIES; AND TO REPEAL SECTION 16-13-430 RELATING TO FRAUDULENT ACQUISITION OR USE OF FOOD STAMPS.

H. 3278 -- Reps. Carnell, McAbee, Boan, H. Brown and J. Harris: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 206 OF 1989, RELATING TO APPROPRIATING MONIES FROM THE CAPITAL RESERVE FUND FOR 1988-89, SO AS TO CHANGE THE AUTHORIZATION FOR EDUCATIONAL TELEVISION.

H. 3365 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: WASTE TIRES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1488, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3367 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO HUNT UNITS AND WILDLIFE MANAGEMENT AREA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1576, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3368 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO REPEAL OF REGULATIONS CHANGED BY STATUTE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1577, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3151--AMENDED AND OBJECTIONS

The following Bill was taken up.

H. 3151 -- Reps. Wilkins, Hodges, Jennings and Clyborne: A BILL TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONIES, SO AS TO PROVIDE A CLASSIFICATION SYSTEM FOR ALL FELONY AND MISDEMEANOR CRIMES AND OFFENSES AND EXCEPTIONS; TO AMEND SECTION 16-1-20, RELATING TO CLASSIFICATION OF OTHER CRIMES, SO AS TO PROVIDE THE MAXIMUM TERM OF IMPRISONMENT, TO EXEMPT OFFENSES WHICH REFER TO A MANDATORY MINIMUM TERM OF IMPRISONMENT, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 16-1-30, RELATING TO CLASSIFICATION OF NEW OFFENSES, SO AS TO REQUIRE ALL NEW OFFENSES TO BE CLASSIFIED PURSUANT TO SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 16-1-40 AND 16-1-50, RELATING TO ACCESSORIES BEFORE THE FACT AND INDICTMENT AND CONVICTION OF ACCESSORIES, SO AS TO MAKE GRAMMATICAL CHANGES; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-55 SO AS TO CLASSIFY THE OFFENSE OF ACCESSORY AFTER THE FACT; TO AMEND SECTION 16-1-60, RELATING TO THE LIST OF VIOLENT CRIMES, SO AS TO ADD CRIMINAL SEXUAL CONDUCT WITH MINORS AND ASSAULT WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-80 SO AS TO CLASSIFY AN ATTEMPT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 16-1-90 AND 16-1-100 SO AS TO PROVIDE A LIST OF EACH CRIME AND OFFENSE AND ITS CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-110 SO AS TO PROVIDE FOR CRIMES OR OFFENSES INADVERTENTLY OMITTED FROM CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-11-325 SO AS TO PROVIDE THAT COMMON LAW ROBBERY IS A FELONY AND TO SET THE MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 7-25-50, 7-25-80, 7-25-190, 8-1-20, 12-7-2750, 12-9-840, 12-21-2716, 12-27-50, 12-29-610, 12-31-670, 12-45-110, 16-5-10, 16-7-160, AS AMENDED, 16-9-320, AS AMENDED, 16-9-340, 16-11-20, 16-11-170, 16-11-617, 16-11-740, AS AMENDED, 16-13-160, 16-13-170, 16-13-290, 16-15-140, 16-15-385, AS AMENDED, 16-17-410, 16-17-430, 16-17-600, AS AMENDED, 16-21-10, 16-21-40, 16-21-130, 16-21-140, 16-23-220, AS AMENDED, 16-23-230, AS AMENDED, 16-23-240, AS AMENDED, 16-23-260, AS AMENDED, 16-23-410, 16-23-420, 16-23-440, AS AMENDED, 16-23-480, 16-23-490, 16-23-520, 17-13-50, 17-15-90, 20-7-50, 20-7-60, 20-7-80, 23-31-340, AS AMENDED, 23-31-360, AS AMENDED, 24-1-270, 24-13-410, 24-13-420, 27-32-120, 34-13-90, 38-9-150, 38-13-170, 39-22-90, 39-23-80, 43-29-41, 43-30-100, AS AMENDED, 44-23-1150, 44-52-165, 44-53-40, 44-53-375, AS AMENDED, 44-53-390, 44-53-445, AS AMENDED, 44-55-1510, 46-41-30, 47-19-120, 55-1-30, 56-1-1100, 56-5-1030, 57-1-60, 58-13-740, 58-15-820, AND 58-17-4100, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM MISDEMEANORS TO FELONIES AND THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 12-54-40, AS AMENDED, 16-3-410, 16-9-10, 16-9-20, 16-11-140, 16-11-700, AS AMENDED, 16-11-920, AS AMENDED, 16-11-940, AS AMENDED, 16-14-40, 16-14-60, AS AMENDED, 16-14-70, 16-17-470, 20-7-2660, AS AMENDED, 47-3-760, AS AMENDED, 47-21-80, AND 48-43-550, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM FELONIES TO MISDEMEANORS, TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20 AND TO PROVIDE FOR PENALTIES; TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-10, 16-13-30, 16-13-40, 16-13-50, 16-13-70, 16-13-110, 16-13-180, AS AMENDED, 16-13-210, 16-13-230, 16-13-240, 16-13-260, 16-13-420, 16-13-425, 16-13-430, 16-21-80, 38-55-170, AS AMENDED, 46-1-20, 46-1-40, 46-1-60, 46-1-70, AND 49-1-50, AS AMENDED, RELATING TO VARIOUS CRIMES AND OFFENSES INVOLVING PROPERTY, SO AS TO CREATE A THREE TIER CLASSIFICATION BASED UPON THE VALUE OF THE PROPERTY INVOLVED THAT SPECIFIES WHETHER THE OFFENSE IS A MISDEMEANOR OR FELONY AND MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 2-17-140, 4-11-130, 4-17-70, 5-21-30, 5-21-40, 6-7-800, 6-7-1080, 6-7-1110, 7-25-10, 7-25-20, 7-25-60, 7-25-70, 7-25-100, 7-25-110, 7-25-120, 7-25-160, 7-25-170, 8-1-30, 8-9-10, 8-11-30, 8-13-320, AS AMENDED, 8-13-540, AS AMENDED, 9-1-1160, 10-11-360, 11-1-20, 11-1-40, 11-9-20, 12-2-70, 12-21-2540, 12-21-2714, 12-21-3070, 12-54-40, AS AMENDED, 16-3-50, 16-3-60, 16-3-70, 16-3-75, 16-5-40, 16-5-130, 16-7-170, 16-9-30, 16-9-410, 16-11-30, 16-11-190, 16-11-330, 16-11-380, 16-11-390, 16-11-560, 16-11-570, 16-13-150, 16-13-385, 16-14-80, 16-14-100, 16-15-50, 16-15-130, 16-15-250, 16-15-405, 16-15-425, 16-16-20, 16-17-510, 16-17-560, 16-17-700, 16-21-60, 16-23-50, AS AMENDED, 16-23-465, 16-23-470, 17-7-510, 17-15-150, 22-5-120, 22-9-140, 23-1-20, 23-17-110, 23-31-190, 23-35-130, 24-3-910, 25-1-150, 25-7-20, 25-7-50, 25-15-20, 27-29-150, 30-15-50, 34-19-110, 37-13-50, 38-7-140, 38-13-140, 38-25-330, 38-37-930, 38-37-1650, 38-43-190, 38-43-240, 38-47-60, 38-55-80, 38-55-150, 38-55-160, 38-59-50, 39-15-170, 39-15-470, 39-17-340, 40-5-320, 40-5-350, 40-5-360, 40-6-170, 40-11-300, 40-41-220, 40-43-140, AS AMENDED, 40-43-320, 41-15-50, 43-5-40, 43-33-40, 44-31-360, 44-53-370, AS AMENDED, 46-17-460, 46-19-270, 46-25-80, 48-27-230, 48-27-250, 48-49-60, 50-1-136, 50-13-350, 50-13-1460, 50-13-1470, 50-21-710, 54-1-40, 56-5-750, 56-5-2945, 56-29-30, 58-13-10, 59-25-250, 59-63-450, AND 61-13-810 RELATING TO CRIMES AND OFFENSES, SO AS TO CHANGE THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION ESTABLISHED FOR EACH OFFENSE; TO AMEND SECTION 12-7-1680, AS AMENDED, RELATING TO VIOLATION OF SECRECY OF INCOME INFORMATION, SO AS TO PROVIDE THAT THE OFFENSE IS A MISDEMEANOR; TO AMEND SECTION 16-3-615, RELATING TO SEXUAL BATTERY, SO AS TO CHANGE THE TERM OF IMPRISONMENT TO TEN YEARS; TO AMEND SECTION 16-3-1070, RELATING TO STALKING, SO AS TO PROVIDE THAT THE OFFENSE IS A MISDEMEANOR; TO AMEND SECTION 22-3-570, RELATING TO MAGISTRATES' JURISDICTION, SO AS TO PROVIDE THAT PETIT LARCENY AND ALL OTHER OFFENSES INVOLVING PERSONAL PROPERTY IN WHICH THE VALUE IS TWO HUNDRED DOLLARS OR LESS IS WITHIN THE MAGISTRATE'S JURISDICTION; TO AMEND SECTION 50-17-1190, RELATING TO PENALTIES FOR VIOLATIONS OF THE COASTAL FISHERIES LAWS, SO AS TO PROVIDE THAT THE OFFENSE IS A MISDEMEANOR; AND TO REPEAL SECTIONS 16-1-15 RELATING TO ALL DEGREES OF BURGLARY BEING A FELONY, 16-9-40 RELATING TO ADDITIONAL PERMISSIBLE PUNISHMENT FOR PERJURY, 16-13-20 RELATING TO PRIVILY STEALING FROM PERSON OR HOUSE AS GRAND LARCENY, 16-13-90 RELATING TO THEFT OF BEDDING AND OTHER FURNISHINGS FROM LODGING, 16-13-190 RELATING TO STEALING TIRES OR TUBES, 16-13-200 RELATING TO RECEIPT OF STOLEN TIRES AND TUBES, 16-15-30 RELATING TO ABDUCTING A MAID UNDER SIXTEEN YEARS OF AGE, 16-15-40 RELATING TO CONTRACTING MATRIMONY WITH AN ABDUCTED MAID UNDER THE AGE OF SIXTEEN, 24-5-40 RELATING TO SEPARATE LODGING FOR DEBTORS, 39-23-90 RELATING TO PENALTIES FOR VIOLATING SECTION 39-23-80, AND 54-9-80 RELATING TO IMPRESSING SEAMEN.

Rep. WILKINS proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4197AL.93), which was adopted.

Amend the bill, as and if amended, Section 16-1-100(A), SECTION 8, page 38, by striking on lines 34 and 35:

/50-21-710     Placing of aids to navigation and regulator markers/.

Amend further, Section 50-21-710(6), SECTION 246, page 213, by striking beginning on line 8 /fined in the discretion of the court or imprisoned not more than three years, or both/ and inserting /punished as provided in Section 50-21-150(2)/.

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

Rep. ROGERS proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\DKA\4257AL.93).

Amend the bill, as and if amended, Section 16-1-90(F), SECTION 8, page 29, by adding after line 19:

/16-23-430     Carrying weapons on school property/

Amend further, Section 16-1-100(C), SECTION 8, page 51, by striking lines 19 and 20 which read /16-23-430 Carrying weapons on school property/.
Amend further, PART II, page 83, by adding after SECTION 45 an appropriately numbered SECTION to read:

/SECTION __.     Section 16-23-430(2) of the 1976 Code, as last amended by Act 579 of 1990, is further amended to read:

"(2)     Any A person violating who violates the provisions of this section is guilty of a misdemeanor felony and, upon conviction, must be fined in an amount not to exceed not more than one thousand dollars or imprisoned for a term not to exceed one year more than five years, or both. Any weapon or object used in violation of this section may be confiscated by the law enforcement division making the arrest."/

Renumber sections to conform.

Amend title to conform.

Rep. ROGERS explained the amendment.

Reps. DAVENPORT, WHIPPER, WHITE, J. BROWN, SCOTT and BREELAND objected to the Bill.

H. 3135--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3135 -- Reps. Corning, Quinn, Hallman, Cato, Jaskwhich, Shissias, Harrison, Harrell, Waites, Littlejohn, A. Young, Vaughn, Haskins, J. Bailey, Walker, Simrill, Robinson, D. Wilder, J. Wilder, G. Brown, Graham, Kirsh, Davenport, Stone, Meacham and Wells: A BILL TO AMEND ACT 610 OF 1990, RELATING TO THE JUDICIARY, SO AS TO EXTEND THE LIMIT ON DIRECT SOLICITING OF MEMBERS OF THE GENERAL ASSEMBLY FOR VOTES FOR JUDICIAL CANDIDATES BEFORE THE QUALIFICATIONS OF ALL CANDIDATES FOR THE OFFICE ARE DETERMINED BY THE JUDICIAL SCREENING COMMITTEE TO INDIRECT SOLICITATION, TO DEFINE INDIRECT SOLICITATION AND PROVIDE EXCEPTIONS TO REQUIRE THE COMMITTEE TO CONSIDER VIOLATIONS OF THIS SECTION WHEN CONSIDERING A CANDIDATE'S QUALIFICATIONS; AND TO DESIGNATE SECTION 6, PART IV, ACT 610 OF 1990 AS SECTION 2-19-70, CODE OF LAWS OF SOUTH CAROLINA, 1976.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Tuesday, February 9, by the Committee on Judiciary.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Reps. RUDNICK and WHITE proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JMG\1003PM.93), which was tabled.

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

/Section ___. No election may be held until after the expiration of 30 days following the screening committee report./

Renumber sections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. HODGES spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 80 to 11.

Reps. RUDNICK and WHITE proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\jmg\1004PM.93), which was tabled.

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

/SECTION ___. No election may be held until after the expiration of 20 legislative days following the screening committee report./

Renumber sections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. HODGES moved to table the amendment, which was agreed to.

Reps. RUDNICK and WHITE proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\jmg\1002PM.93), which was tabled.

Amend the bill, as and if amended, Section 2-19-70, by striking lines 4, 5, and 6 on page 2 and inserting:

/( ) Violations by a candidate shall disqualify the candidate for the office and violations by a member of the General Assembly shall subject the member to a fine of up to five hundred dollars as set by the Ethics Committee of the respective houses./

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. HODGES moved to table the amendment, which was agreed to by a division vote of 52 to 46.

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

H. 3421--RECALLED AND REFERRED TO THE COMMITTEE
ON LABOR, COMMERCE AND INDUSTRY

On motion of Rep. HODGES, with unanimous consent, the following Bill was recalled from the Committee on Judiciary and was referred to the Committee on Labor, Commerce and Industry.

H. 3421 -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-355 SO AS TO PROVIDE THAT IN A CLAIM OR ACTION FOR PERSONAL INJURY OR WRONGFUL DEATH ARISING OUT OF THE OWNERSHIP, OPERATION, USE, OR MAINTENANCE OF A MOTOR VEHICLE, THE COURT SHALL ADMIT INTO EVIDENCE THE TOTAL AMOUNT PAID TO THE CLAIMANT FROM COLLATERAL SOURCES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND TO COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO DELETE THE CURRENT PROVISIONS AND PROVIDE THAT NOTWITHSTANDING CERTAIN SECTIONS, AFTER A CERTAIN DATE AUTOMOBILE INSURERS MAY REFUSE TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO THE DEFINITION OF "DAMAGES" UNDER THE AUTOMOBILE INSURANCE LAWS, SO AS TO PROVIDE THAT THE TERM INCLUDES ACTUAL DAMAGES ONLY; TO AMEND SECTION 38-77-140, RELATING TO AUTOMOBILE INSURANCE AND BODILY INJURY AND PROPERTY DAMAGE LIMITS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT AN INSURER SHALL ALSO OFFER THE INSURED A RIDER OR ENDORSEMENT FOR AN ADDITIONAL PREMIUM TO COVER LIABILITY FOR PUNITIVE DAMAGES; TO AMEND SECTION 38-77-150, RELATING TO AUTOMOBILE INSURANCE, THE UNINSURED MOTORIST PROVISION, AND DEFENSE OF AN ACTION BY THE INSURER, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT INSURERS SHALL OFFER, AT THE OPTION OF THE INSURED, HIGHER LIMITS OF UNINSURED MOTORIST COVERAGE IN ACCORDANCE WITH SECTION 38-77-350; TO AMEND SECTION 38-77-160, AS AMENDED, RELATING TO ADDITIONAL UNINSURED MOTORIST COVERAGE, AND UNDERINSURED MOTORIST COVERAGE, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT AUTOMOBILE INSURERS SHALL OFFER ON A FORM PRESCRIBED BY THE CHIEF INSURANCE COMMISSIONER, AT THE OPTION OF THE INSURED IN ACCORDANCE WITH SECTION 38-77-350 UNDERINSURED MOTORIST COVERAGE UP TO THE LIMITS SELECTED FOR THE INSURED'S LIABILITY COVERAGE TO PROVIDE COVERAGE IN THE EVENT THE INSURED BECOMES LEGALLY ENTITLED TO COLLECT DAMAGES FROM THE OWNER OR OPERATOR OF AN UNDERINSURED MOTOR VEHICLE; TO AMEND SECTION 56-9-350, RELATING TO SECURITY FOLLOWING MOTOR VEHICLE ACCIDENTS, VERIFICATION OF INSURANCE COVERAGE FORM TO BE ISSUED FOLLOWING CERTAIN ACCIDENTS, EFFECT OF FAILURE TO RETURN THE FORM, AND UNINVESTIGATED ACCIDENTS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT WITHIN FIFTEEN DAYS AFTER AN ACCIDENT A WRITTEN REPORT OF THE ACCIDENT MUST BE FORWARDED TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ON A FORM PRESCRIBED BY THE DEPARTMENT; TO AMEND SECTION 56-10-10, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY AND THE SECURITY REQUIRED ON REGISTERED VEHICLES, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT SECURITY MUST BE MAINTAINED ON EVERY MOTOR VEHICLE REQUIRED TO BE REGISTERED IN SOUTH CAROLINA WHERE THE OWNERS OR OTHER OPERATORS NOT EXCLUDED IN ACCORDANCE WITH SECTION 38-77-340 RESIDE IN THE SAME HOUSEHOLD AND ARE INSUREDS UNDER THE SAME POLICY, IF ONE OF THE OWNERS OR OTHER OPERATORS DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT; TO AMEND SECTION 56-10-220, RELATING TO THE REQUIREMENT THAT A MOTOR VEHICLE SOUGHT TO BE REGISTERED MUST BE INSURED AND PROOF OF THE SAME, SO AS TO DESCRIBE THE PERSON APPLYING FOR REGISTRATION AS ONE "REQUIRED TO PROVIDE SECURITY ON A MOTOR VEHICLE AS PROVIDED IN SECTION 56-10-10"; TO AMEND SECTION 56-10-240, RELATING TO THE REQUIREMENT THAT UPON THE LOSS OF AUTOMOBILE INSURANCE THE INSURED MUST OBTAIN NEW INSURANCE OR SURRENDER THE REGISTRATION AND LICENSE PLATES, SO AS TO FURTHER DESCRIBE THE MOTOR VEHICLE WHICH IS THE SUBJECT OF THIS SECTION AS ONE "FOR WHICH SECURITY IS REQUIRED AS PROVIDED IN SECTION 56-10-10", DELETE CERTAIN LANGUAGE, AND DESCRIBE THE RESIDENT FOR WHOM LAPSE OR TERMINATION OCCURS AFTER THREE MONTHS AS ONE "WHO DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT IN SECTION 38-73-760"; TO AMEND CHAPTER 10, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, BY ADDING ARTICLE 5 SO AS TO PROVIDE FOR THE REGISTRATION AND LICENSING OF UNINSURED MOTOR VEHICLES; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE PROVISION THAT AUTOMOBILE INSURERS ARE REQUIRED TO INSURE AND EXCEPTIONS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT NO INSURER IS REQUIRED TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE INSURANCE IF THE RISK DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT, PROVIDE THAT NO INSURER MAY REFUSE TO WRITE OR RENEW A POLICY, COVERAGE, OR ENDORSEMENT OF AUTOMOBILE INSURANCE BECAUSE OF THE RACE, COLOR, CREED, NATIONAL ORIGIN, ANCESTRY, OR INCOME OF ANYONE WHO SEEKS TO BECOME INSURED, AND PROVIDE THAT AN APPLICANT DENIED COVERAGE MUST BE PROVIDED IN WRITING BY THE DENYING INSURER THE REASON OR REASONS FOR WHICH THE APPLICANT HAS BEEN REFUSED INSURANCE BY THAT INSURER, AT THE TIME OF THE DENIAL; TO AMEND THE 1976 CODE BY ADDING ARTICLE 13 TO CHAPTER 77 OF TITLE 38, SO AS TO ESTABLISH THE SOUTH CAROLINA JOINT UNDERWRITING ASSOCIATION (JUA), INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, THE ABOLITION OF THE SOUTH CAROLINA REINSURANCE FACILITY; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT AN AUTOMOBILE INSURER SHALL OFFER FOUR, RATHER THAN TWO, DIFFERENT RATES FOR AUTOMOBILE INSURANCE, AND PROVIDE THAT, NO LATER THAN NINETY DAYS AFTER THE PASSAGE OF THIS ACT, INSURERS OF AUTOMOBILE INSURANCE MUST FILE WITH THE CHIEF INSURANCE COMMISSIONER REVISED RATES FOR ALL OTHER PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES WRITTEN BY THEM; TO AMEND SECTION 38-73-760, AS AMENDED, RELATING TO THE STATE RATING AND STATISTICAL DIVISION FOR INSURANCE PURPOSES AND UNIFORM STATISTICAL PLANS, SO AS TO PROVIDE THAT NO SURCHARGE MAY BE ASSESSED FOR THE FIRST CONVICTION OF SPEEDING LESS THAN TWENTY-FIVE MILES PER HOUR IF THE PERSON CONVICTED HAS MAINTAINED THE SAFE DRIVER DISCOUNT FOR THE PREVIOUS THREE YEARS, AND PROVIDE THAT NO SURCHARGE MAY BE ASSESSED FOR CONVICTIONS OF CERTAIN VIOLATIONS OCCURRING ON OR AFTER A CERTAIN DATE; TO AMEND SECTION 56-10-270, RELATING TO THE OPERATION OF AN UNINSURED MOTOR VEHICLE AND PENALTIES, SO AS TO, AMONG OTHER THINGS, CHANGE THE PENALTIES, INCLUDING PROVIDING FOR THE PERFORMANCE OF PUBLIC SERVICE HOURS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-116 SO AS TO PROVIDE THAT, UPON ISSUANCE OF A NEW PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICY, THE INSURANCE COMPANY OR AGENT MUST REVIEW WITH THE NEW APPLICANT A LIST OF DRIVING OFFENSES AND THE RELATED FINE AND PUNISHMENT, AS WELL AS THE POSSIBLE INCREASE IN THE INSURANCE RATES, THE EFFECT OF ANY SURCHARGES, OR THE EFFECT OF THE LOSS OF THE SAFE DRIVER DISCOUNT, AND PROVIDE THAT THE LIST MUST BE ON A FORM APPROVED BY THE CHIEF INSURANCE COMMISSIONER AND MUST ACCOMPANY THE POLICY; TO PROVIDE THAT, AFTER A CERTAIN DATE, THE GOVERNING BOARD OF THE JOINT UNDERWRITING ASSOCIATION SHALL CONTRACT WITH ONE OR MORE INSURERS OR BUSINESS ENTITIES TO SERVE AS THE DESIGNATED CARRIER AND SHALL ESTABLISH A PROCEDURE FOR THE SELECTION OF THE DESIGNATED CARRIER, PROVIDE THAT COMMISSIONS PAID TO AGENTS FOR POLICIES CEDED TO OR PLACED IN THE JUA SHALL BE SET BY THE JUA'S BOARD OF DIRECTORS, AND PROVIDE FOR RELATED MATTERS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-175 AND 56-7-12 SO AS TO PROVIDE THAT, WHEN THE OPERATOR OR OWNER OF A MOTOR VEHICLE IS ISSUED A TRAFFIC TICKET FOR A MOVING VIOLATION BY A LAW ENFORCEMENT OFFICER, HE MUST BE FURNISHED A WRITTEN REQUEST FORM TO COMPLETE TO VERIFY LIABILITY INSURANCE COVERAGE, PROVIDE FOR THE RETURN OF THE COMPLETED AND VERIFIED FORM TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, PROVIDE FOR THE DEPOSIT OF SUCH COLLECTED FINES, AND PROVIDE FOR RELATED MATTERS; TO REPEAL ARTICLE 5, CHAPTER 77, TITLE 38, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND DESIGNATED PRODUCERS, SECTION 38-73-1420, RELATING TO THE REQUIREMENT THAT THE BOARD OF GOVERNORS OF THE REINSURANCE FACILITY SHALL FILE AN EXPENSE COMPONENT FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE OR PREMIUM CHARGES, SECTION 38-73-1425, RELATING TO THE PROVISION THAT THE FINAL RATE OR PREMIUM CHARGE FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY WHICH DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT IS THE FINAL RATE OR PREMIUM CHARGE REQUIRED BY SECTION 38-73-1420 OR THE FINAL RATE OR PREMIUM CHARGE APPROVED FOR USE BY THE INSURER, WHICHEVER IS GREATER, SECTION 38-77-285, RELATING TO THE REQUIREMENT THAT ALL AUTOMOBILE INSURANCE COVERAGES MUST BE IN ONE POLICY AND EXCEPTIONS, SECTION 38-77-920, RELATING TO THE PROVISION THAT AUTOMOBILE INSURERS AND AGENTS MAY NOT REFUSE ACCEPTANCE OF INSURANCE, PROPERTY RIGHTS OF CERTAIN AGENTS, AND RESTRICTION OF MAILINGS TO CERTAIN AREAS, SECTION 38-77-940, RELATING TO THE AUTOMOBILE INSURANCE LAW, AVOIDING CERTAIN CLASSES OR TYPES OF RISKS, EXCEPTIONS, AND CANCELING AN AGENT'S REPRESENTATION, SECTION 38-77-950, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER AND NOTICE TO AN AUTOMOBILE INSURANCE POLICYHOLDER THAT HIS POLICY IS IN THE FACILITY, AND SECTION 38-77-960, RELATING TO AUTOMOBILE INSURANCE AGENT'S BUSINESS; TO AMEND SECTION 38-77-111, RELATING TO THE COVERAGES OF AN AUTOMOBILE INSURANCE POLICY WHICH MAY BE CEDED TO THE REINSURANCE FACILITY AND THOSE COVERAGES WHICH CANNOT BE CEDED, SO AS TO DELETE THE REFERENCE TO THE FACILITY, REPLACE IT WITH THE "JOINT UNDERWRITING ASSOCIATION", AND ALLOW A CESSION EXCEPTION, WITH RESPECT TO COVERAGES UNDER A POLICY THAT AN AUTOMOBILE INSURER IS NOT MANDATED BY LAW TO WRITE, FOR TORT LIABILITY COVERAGE AND UNINSURED MOTORIST COVERAGE FOR THOSE RISKS THAT DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT; AND TO PROVIDE A SEVERABILITY CLAUSE.

REGULATION 1606--RECALLED AND REFERRED TO THE
COMMITTEE ON EDUCATION AND PUBLIC WORKS

On motion of Rep. PHILLIPS, with unanimous consent, the following Regulation was recalled from the Committee on Medical, Military, Public and Municipal Affairs and was referred to the Committee on Education and Public Works.

Regulation 1606

H. 3298--ADOPTED

The following House Resolution was taken up:

H. 3298 -- Reps. Fair, Felder, Klauber and Keegan: A HOUSE RESOLUTION IMPLORING CONGRESS TO RESIST ALL EFFORTS TO CHANGE THE LONG-STANDING POLICY OF THE ARMED SERVICES REGARDING HOMOSEXUALS AND HOMOSEXUAL ACTIVITY.

Whereas, for approximately fifty years the armed services of the United States have banned from service those who are admittedly homosexual and openly engage in homosexual activity while in military service; and

Whereas, this policy has been upheld by successive administrations of Democrats and Republicans alike; and

Whereas, the policy has also been supported by the American public and should be continued because it maintains morale and the discipline necessary to keep this country's armed forces fully prepared for their work and clearly focused on their purpose; and

Whereas, any change in this policy should be resisted as strongly as possible. Now, therefore,

Be it resolved by the House of Representatives:

That the House of Representatives of the State of South Carolina, by this resolution, implores Congress to resist all efforts to change the long-standing policy of the armed services regarding homosexuals and homosexual activity.

Be it further resolved that copies of this resolution be forwarded to the President of the United States Senate; the Speaker of the United States House of Representatives; the Honorable Sam Nunn, United States Senator from Georgia; the chairman of the Joint Chiefs of Staff; and all eight members of the South Carolina Congressional Delegation; all at Washington, D.C.

Rep. HOLT moved to continue the Resolution.

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

Yeas 15; Nays 85

Those who voted in the affirmative are:

Beatty                 Breeland               Brown, J.
Byrd                   Canty                  Cobb-Hunter
Holt                   Kennedy                Keyserling
Scott                  Waites                 Whipper
White                  Wilder, D.             Williams

Total--15

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Bailey, G.             Bailey, J.             Baker
Baxley                 Brown, G.              Brown, H.
Carnell                Cato                   Chamblee
Clyborne               Cooper                 Corning
Davenport              Delleney               Elliott
Fair                   Farr                   Felder
Fulmer                 Gamble                 Gonzales
Govan                  Graham                 Hallman
Harrell                Harrelson              Harris, J.
Harrison               Haskins                Houck
Huff                   Hutson                 Jennings
Keegan                 Kelley                 Kinon
Klauber                Koon                   Lanford
Law                    Littlejohn             Marchbanks
Martin                 Mattos                 McAbee
McCraw                 McKay                  McTeer
Meacham                Neilson                Phillips
Quinn                  Rhoad                  Richardson
Riser                  Robinson               Rudnick
Sharpe                 Shissias               Simrill
Smith, R.              Spearman               Stille
Stoddard               Stone                  Stuart
Sturkie                Thomas                 Townsend
Trotter                Tucker                 Vaughn
Waldrop                Walker                 Wells
Wilder, J.             Wilkins                Witherspoon
Wofford                Worley                 Young, A.
Young, R.

Total--85

So, the House refused to continue the Resolution.

Reps. HOLT, WHIPPER and KENNEDY spoke against the Resolution.

Rep. HUTSON spoke in favor of the Resolution.

Rep. J. BROWN spoke against the Resolution.

Rep. CANTY moved that the House do now adjourn.

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

Yeas 10; Nays 99

Those who voted in the affirmative are:

Beatty                 Byrd                   Canty
Harris, P.             Jennings               Keyserling
McElveen               Neal                   Whipper
White

Total--10

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Askins                 Bailey, J.             Baker
Barber                 Baxley                 Boan
Breeland               Brown, G.              Brown, H.
Carnell                Cato                   Chamblee
Clyborne               Cobb-Hunter            Cooper
Corning                Davenport              Delleney
Elliott                Fair                   Felder
Fulmer                 Gamble                 Gonzales
Govan                  Graham                 Hallman
Harrell                Harrelson              Harris, J.
Harrison               Harvin                 Harwell
Haskins                Hines                  Hodges
Holt                   Houck                  Huff
Hutson                 Inabinett              Keegan
Kelley                 Kennedy                Kinon
Kirsh                  Klauber                Law
Littlejohn             Marchbanks             McAbee
McCraw                 McKay                  McLeod
McMahand               McTeer                 Meacham
Moody-Lawrence         Neilson                Phillips
Quinn                  Rhoad                  Richardson
Riser                  Robinson               Rudnick
Scott                  Sharpe                 Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Spearman               Stille
Stoddard               Stone                  Stuart
Thomas                 Townsend               Trotter
Tucker                 Vaughn                 Waites
Waldrop                Walker                 Wells
Wilder, D.             Wilder, J.             Wilkes
Wilkins                Witherspoon            Wofford
Worley                 Young, A.              Young, R.

Total--99

So, the House refused to adjourn.

Rep. J. BROWN continued speaking.

Rep. HASKINS moved immediate cloture on the entire matter.

The yeas and nays were taken resulting as follows:

Yeas 79; Nays 34

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Askins                 Bailey, G.             Bailey, J.
Baker                  Barber                 Baxley
Brown, G.              Brown, H.              Cato
Chamblee               Clyborne               Cooper
Corning                Cromer                 Davenport
Delleney               Fair                   Farr
Gamble                 Gonzales               Graham
Hallman                Harrell                Harris, J.
Harrison               Harwell                Haskins
Hodges                 Houck                  Huff
Hutson                 Jaskwhich              Kelley
Kinon                  Klauber                Lanford
Law                    Littlejohn             Marchbanks
McCraw                 McKay                  McLeod
McMahand               McTeer                 Meacham
Neilson                Phillips               Quinn
Rhoad                  Richardson             Riser
Robinson               Rudnick                Sharpe
Shissias               Simrill                Smith, D.
Smith, R.              Stoddard               Stone
Stuart                 Thomas                 Trotter
Tucker                 Vaughn                 Waldrop
Walker                 Wells                  Wilder, D.
Wilder, J.             Wilkins                Witherspoon
Wofford                Worley                 Young, A.
Young, R.

Total--79

Those who voted in the negative are:

Anderson               Beatty                 Breeland
Brown, J.              Byrd                   Canty
Carnell                Cobb-Hunter            Elliott
Felder                 Govan                  Harrelson
Harris, P.             Hines                  Holt
Inabinett              Jennings               Keegan
Kennedy                Keyserling             Kirsh
McAbee                 McElveen               Moody-Lawrence
Neal                   Scott                  Sheheen
Spearman               Stille                 Townsend
Waites                 White                  Wilkes
Williams

Total--34

So, having received the necessary vote, immediate cloture was ordered.

Rep. J. BROWN continued speaking.

Rep. COBB-HUNTER spoke against the Resolution.

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

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

Rep. BAKER moved to table the motion to recur.

Rep. McLEOD moved that the House do now adjourn.

Rep. RUDNICK demanded the yeas and nays.

POINT OF ORDER

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

The question then recurred to the motion to table the motion to recur to the morning hour, which was agreed to.

H. 3247--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 3247 -- Reps. Chamblee, Cooper, P. Harris, Stille, Townsend and Tucker: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF STATE HIGHWAY 24 IN ANDERSON COUNTY AS THE "CHRISTOPHER LEE TAYLOR MEMORIAL HIGHWAY" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.

Whereas, Anderson County Deputy Sheriff Christopher Lee Taylor died in the line of duty on December 7, 1992, and previously has been praised by the General Assembly as "an outstanding law enforcement officer, a devoted public servant, a good man whose presence will be missed greatly"; and

Whereas, it is entirely fitting and proper that the portion of South Carolina Highway 24 in Anderson County from the South Carolina Highway 28 Bypass to the Double Bridge on Highway 24 be designated and named the "Christopher Lee Taylor Memorial Highway" as a lasting tribute to this good man's supreme sacrifice. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, requests the Department of Highways and Public Transportation to designate and name that portion of State Highway 24 in Anderson County described above in this resolution as the "Christopher Lee Taylor Memorial Highway" and to install appropriate markers or signs at places along the highway as the department considers advisable containing the words "Christopher Lee Taylor Highway".

Be it further resolved that a copy of this resolution be forwarded to the Department of Highways and Public Transportation and to the family of Christopher Lee Taylor.

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

H. 3347--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 3347 -- Rep. Allison: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE AT STATE HIGHWAY 290 AND INTERSTATE 85 IN DUNCAN, SOUTH CAROLINA FOR J. PETER GRACE.

Whereas, J. Peter Grace is one of American industry's bluntest and most colorful executives; and

Whereas, Mr. Grace is retiring from W. R. Grace and Co. where he has been chief executive since 1945, a span unmatched by any other chief executive of a leading American industrial concern; and

Whereas, during the forty-seven year period, Mr. Grace has transformed the company from a steamship line founded by his grandfather over one hundred thirty-seven years ago to a multibillion dollar conglomerate with nearly fifty thousand employees; and

Whereas, Mr. Grace will remain chairman of the company which is one of the world's largest manufacturers of special chemicals and a leading provider of health care services; and

Whereas, W. R. Grace and Co. is the parent company of Cryovac which is headquartered in Duncan, South Carolina; and

Whereas, Cryovac employs more than twenty-five hundred people in South Carolina; and

Whereas, in order to recognize the contributions and achievements of J. Peter Grace, the members of the General Assembly believe it would be fitting to name the bridge currently under construction on State Highway 290 and Interstate 85 in honor of this man. Now, therefore,

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

That the members of the General Assembly request the Department of Highways and Public Transportation to name the bridge on State Highway 290 and Interstate 85 in Duncan, South Carolina, the "J. Peter Grace Bridge".

Be it further resolved that a copy of this resolution be forwarded to Mr. Grace and to the Department of Highways and Public Transportation.

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

H. 3348--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 3348 -- Rep. Harrelson: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE AND NAME THE INTERCHANGE ON INTERSTATE I-95 AT THE INTERSECTION WITH ROAD S-15-34 IN COLLETON COUNTY AS THE "WALTON J. MCLEOD, JR., INTERCHANGE" AND TO INSTALL APPROPRIATE MARKERS AND SIGNS.

Whereas, Walton J. McLeod, Jr., prominent Walterboro attorney, served with great distinction as vice chairman of the South Carolina Highway Commission from 1949-50 while serving as a member of the commission for the Fourteenth Circuit for the years 1946-50; and

Whereas, the South Carolina Highway Commission, now known as the South Carolina Highways and Public Transportation Commission, undertook a massive post-World War II roadbuilding program in which Walton J. McLeod, Jr., as a commissioner and vice chairman, was one of the leaders who instituted and implemented the expansion of the secondary road system to provide hard-surfaced roads in rural areas; and

Whereas, these state roads became known as farm-to-market roads, the addition of which more than doubled the state highway system from 5900 miles to 12,371 miles during years 1946-50; and

Whereas, during his tenure as a state highway commissioner and vice chairman, Walton J. McLeod, Jr., was instrumental in securing the completion of the road that later was designated as U.S. Highway 17A, from coastal Georgetown via Walterboro to Pocataligo in the Carolina Lowcountry, thus providing a shorter, and more inland, alternate federal highway to coastal U.S. Highway 17, as well as benefiting McLeod's home county of Colleton; and

Whereas, Walton J. McLeod, Jr., also secured many other highway improvements for Walterboro, Colleton County, and the Lowcountry, such as the provision of a four-lane highway for north and south access and egress to Walterboro, which greatly aided the city's commercial activity, growth, and development; and

Whereas, Walton J. McLeod, Jr., as a prominent lawyer and political leader, has been steadfast in his continuing effort to assure a highly effective highway transportation system to serve the needs of the citizens of South Carolina, the Lowcountry, Colleton County, and Walterboro; and

Whereas, his outstanding efforts over the years are highly deserving of recognition and commendation. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, requests the Department of Highways and Public Transportation to designate and name the interchange on Interstate I-95 at the intersection with Road S-15-34 in Colleton County as the "Walton J. McLeod, Jr., Interchange" and to install appropriate markers or signs as the department considers advisable containing the words "Walton J. McLeod, Jr., Interchange".

Be it further resolved that a copy of this resolution be forwarded to the Department of Highways and Public Transportation and to the Honorable Walton J. McLeod, Jr., at Walterboro.

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

H. 3349--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 3349 -- Reps. Harrelson, Richardson, White and Keyserling: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE AND NAME THE BATTERY CREEK BRIDGE IN BEAUFORT COUNTY AS THE "RUSSELL BELL BRIDGE" IN MEMORY OF BEAUFORT COUNTY DEPUTY SHERIFF RUSSELL BELL, WHO WAS SHOT AND KILLED IN THE LINE OF DUTY, AND FURTHER REQUESTING THE DEPARTMENT TO INSTALL APPROPRIATE MARKERS OR SIGNS.

Whereas, Beaufort County Deputy Sheriff Russell Bell made the supreme sacrifice as a law enforcement officer by giving up his life when he was shot and killed in the line of duty; and

Whereas, he was an outstanding and highly dedicated law enforcement officer who was respected and admired by his colleagues in law enforcement and by the citizens of Beaufort County whom he so generously served; and

Whereas, he was a devoted public servant whose presence will be missed greatly; and

Whereas, it is entirely fitting and proper that the Battery Creek Bridge in Beaufort County be designated and named as the "Russell Bell Bridge" as a lasting memorial and tribute to this good man's supreme sacrifice. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, requests the Department of Highways and Public Transportation to designate and name the Battery Creek Bridge in Beaufort County as the "Russell Bell Bridge" in memory of Beaufort County Deputy Sheriff Russell Bell, who was shot and killed in the line of duty, and to install appropriate markers or signs at places at, on, or near the bridge as the department considers advisable containing the words "Russell Bell Bridge".

Be it further resolved that copies of this resolution be forwarded to the Department of Highways and Public Transportation, the family of Russell Bell, and the Sheriff of Beaufort County.

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

H. 3287--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 3287 -- Reps. Inabinett, Kelley, Gonzales, Holt, Govan, Byrd, Waites, Corning, Shissias, Harrell, Whipper, Riser, Canty, J. Brown, R. Young, Law, Keyserling, Williams and Stille: A CONCURRENT RESOLUTION DESIGNATING THE FIRST THURSDAY IN MAY (MAY 6, 1993) AS "LEGISLATIVE FAMILY DAY 1993" IN RECOGNITION AND APPRECIATION OF THE PATIENCE AND UNDERSTANDING SHOWN BY THE FAMILIES OF THE MEMBERS OF THE GENERAL ASSEMBLY AND THE WONDERFUL SUPPORT GIVEN BY THESE GREAT FAMILIES TO THE MEMBERS AS THEY CARRY OUT THEIR LEGISLATIVE DUTIES, AND INVITING A FAMILY MEMBER OF EACH MEMBER OF THE GENERAL ASSEMBLY TO THE STATE HOUSE AS SPECIAL GUESTS OF THE GENERAL ASSEMBLY TO ATTEND AND OBSERVE THE RESPECTIVE SESSIONS IN THE SENATE AND THE HOUSE OF REPRESENTATIVES ON "LEGISLATIVE FAMILY DAY 1993".

Whereas, the families of the members of the General Assembly make tremendous sacrifices when their loved ones go to Columbia week after week during a large part of each year to render legislative services to the people of the State and the citizens of their respective districts who elected them to public office; and

Whereas, these are sacrifices that the families of legislators nobly and willingly make for the good of the State; and

Whereas, the members of the House of Representatives and the Senate should be, and are, truly appreciative of the patience, understanding, and support given them by their loved ones back home and feel strongly that the legislative families deserve recognition and thanks in a very special manner. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, designate the first Thursday in May (May 6, 1993) as "Legislative Family Day 1993" in recognition and appreciation of the patience and understanding shown by the families of the members of the General Assembly and the wonderful support given by these great families to the members as they carry out their legislative duties.

Be it further resolved that each member of the General Assembly invite a member of his or her family to the State House as special guests of the General Assembly to attend and observe the respective sessions in the Senate and the House of Representatives on "Legislative Family Day 1993".

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

H. 3314--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 3314 -- Rep. Harvin: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO ALLOW FOREST LANDOWNERS WHO SUFFERED TREMENDOUS LOSS AS THE RESULT OF HURRICANE HUGO IN 1989 THE RIGHT TO PRACTICE FORESTRY WITHOUT UNDUE RESTRICTIONS FROM THE ENDANGERED SPECIES ACT, WETLANDS STATUTES, AND OTHER LAWS AND TO PROVIDE, OR TO CONTINUE, CERTAIN OTHER URGENT RELIEF.

Whereas, the woodlands of Clarendon County, South Carolina were more than fifty percent devastated by Hurricane Hugo in 1989 and occupy fifty-three percent of the land area contributing to the economic stability of that county; and

Whereas, the American public uses a tremendous amount of products from our country's "renewable" forests -- i.e., lumber, pulp, and paper products, and it requires a minimum of twenty to sixty years to grow trees for these future uses; and

Whereas, a new national philosophy is needed to support the long-term period required to grow America's needs to avoid future shortages, and less restrictive laws, economic relief, and adequate incentive are needed in the form of capital gains tax laws restored for timber growing; and

Whereas, it is necessary that the Hugo-damaged woodland areas of South Carolina receive continued federal seventy-five percent cost-share funding for reforesting, where needed; and

Whereas, the right to practice forestry without undue restrictions from the Endangered Species Act, wetlands statutes, and other laws unduly restricting land use is imperative, including the self-policing of forestry practices under voluntary Best Management Practices (BMP's); and

Whereas, support for the wise use and conservation of our natural resources for the benefit of the United States, such as efficient timber production, wildlife, soil, and water protection, and preservation of aesthetic values, should be encouraged and maintained, but, at the same time, there must be reason in resource laws, including a revision of the Endangered Species Act and a revision of wetlands laws or interpretations to include the original intent of Congress, i.e., swamps, bogs, and marshes and not low coastal plains areas that are traditional timber-growing areas;

Whereas, the relief recommended to Congress by this resolution is entirely feasible and practical and is of the greatest urgency. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, memorializes Congress to allow forest landowners who suffered tremendous loss as the result of Hurricane Hugo in 1989 the right to practice forestry without undue restrictions from the Endangered Species Act, wetlands statutes, and other laws and to provide, or to continue, certain other urgent relief.

Be it further resolved that copies of this resolution be forwarded to all eight members of the South Carolina Congressional Delegation at Washington, D.C.

Rep. HARVIN explained the Resolution.

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

H. 3389--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 3389 -- Reps. R. Young, Holt, Wofford, Whipper, J. Bailey, Harrell, Hallman, Gonzales, Fulmer and Barber: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION NOT TO REFLECT ON THE DRIVING RECORD OF ANY LICENSED SOUTH CAROLINA DRIVER VIOLATIONS OF COUNTY OR MUNICIPAL ORDINANCES FOR CARELESS DRIVING AND TO REMOVE ANY SUCH VIOLATIONS PREVIOUSLY PLACED ON THE DRIVING RECORD OF THESE DRIVERS.

Whereas, the members of the General Assembly have been aware that for a period of several years some municipalities and counties of this State under appropriate ordinances have been issuing traffic citations for careless driving; and

Whereas, the person ticketed under these local ordinances for careless driving is not assessed any points against his driving record pursuant to Section 56-1-720 of the 1976 Code, and it was also the intent of these ordinances not to affect the automobile insurance premiums of that person; and

Whereas, until recently the Department of Highways and Public Transportation has not been placing these violations on the driving record of the person ticketed; and

Whereas, due to an unfortunate change in policy, the driving record of these persons as reported by the department is now being adjusted to show these violations including violations which happened months and even years ago; and

Whereas, the result of the department's new policy of placing these violations on the driving record of the individual is that in many cases the individual's automobile liability insurance premiums are increasing; and

Whereas, the members of the General Assembly, by this resolution, would like to correct this problem by instructing the department to take appropriate action to remove the violations from the individual's driving record in conformity with the intent of the General Assembly as expressed in this resolution. Now, therefore,

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

That the Department of Highways and Public Transportation is directed not to reflect on the driving record of any licensed South Carolina driver violations of county or municipal ordinances for careless driving and is further directed to remove any such violations previously placed on the driving record of these individuals before the date of the adoption of this resolution.

Be it further resolved that a copy of this resolution be forwarded to the State Highways and Public Transportation Commission and to the Executive Director of the Department of Highways and Public Transportation.

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

MOTION PERIOD

The motion period was dispensed with on motion of Rep. HASKINS.

H. 3137--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3137 -- Reps. Baker, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baxley, Beatty, Boan, Breeland, H. Brown, J. Brown, Byrd, Canty, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, Harrison, Harvin, Harwell, Haskins, Hines, Holt, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Koon, Lanford, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Robinson, Rogers, Rudnick, Scott, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stoddard, Stone, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-37-106 SO AS TO PROVIDE THAT AN OPTOMETRIST MAY SUPPLY PHARMACEUTICAL AGENTS TO PATIENTS TO INITIATE PROPER TREATMENT; TO AMEND SECTION 40-37-20, RELATING TO THE AUTHORITY AND DUTIES OF THE SOUTH CAROLINA BOARD OF EXAMINERS IN OPTOMETRY, SO AS TO INCLUDE IN THEIR LICENSING AUTHORITY, CERTIFICATION FOR PURCHASING, PRESCRIBING, AND DISPENSING PHARMACEUTICAL AGENTS; TO AMEND SECTION 40-37-105, RELATING TO APPLICATION OF PHARMACEUTICAL AGENTS BY OPTOMETRISTS, SO AS TO PROVIDE FOR THEIR USE IN DIAGNOSIS AND TREATMENT; TO AMEND SECTION 40-37-107, RELATING TO REFERRALS OF PATIENTS BY OPTOMETRISTS TO PHYSICIANS, SO AS TO ALLOW REFERRALS TO ANY HEALTH CARE PROVIDER AND TO DEFINE "HEALTH CARE PROVIDER"; TO AMEND SECTION 40-43-150, AS AMENDED, RELATING TO WHO MAY PRESCRIBE DRUGS, SO AS TO INCLUDE OPTOMETRISTS; TO AMEND SECTION 40-43-155, AS AMENDED, RELATING TO PHARMACISTS SELLING PHARMACEUTICAL AGENTS TO OPTOMETRISTS, SO AS TO PROVIDE THAT THEY MAY BE SOLD TO OPTOMETRISTS WHO ARE CERTIFIED TO PRESCRIBE AND DISPENSE THESE AGENTS FOR DIAGNOSTIC AND THERAPEUTIC PURPOSES; AND TO AMEND SECTION 40-43-360, AS AMENDED, RELATING TO DEFINITIONS IN THE PHARMACY ACT, SO AS TO INCLUDE OPTOMETRISTS AS A "PRACTITIONER" FOR THE PURPOSE OF DEFINING WHO MAY PRESCRIBE DRUGS.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\12932AC.93), which was adopted.

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

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

"Section 40-37-103.     (A)     The board shall certify a licensed optometrist as a diagnostically certified optometrist if the optometrist has:

(1)     complied with the educational requirements promulgated by the board; and

(2)     has passed a pharmaceutical agent examination which must be administered by the board.

(B)     The board shall certify a licensed optometrist as a therapeutically certified optometrist if the optometrist has:

(1)     satisfied the requirements for diagnostic certification;

(2)     passed the Treatment and Management of Ocular Disease Examination administered by the National Board of Examiners in Optometry; and

(3)     taken at least one hundred ten hours of optometric education courses since December 31, 1988, approved by the board."

SECTION     2.     The 1976 Code is amended by adding:

"Section 40-37-106.         (A)     An optometrist may not establish a pharmacy in an optometry office or sell pharmaceutical agents prescribed in treatment unless there is a licensed pharmacist on staff and present when these prescriptions are filled. However, nothing in this section or in any other provision of law prohibits an optometrist who is diagnostically certified from administering pharmaceutical agents to a patient or an optometrist who is therapeutically certified from administering or supplying pharmaceutical agents to a patient, without charge for the pharmaceutical agents, to initiate appropriate treatment.

(B)     Notwithstanding subsection (A) or any other provision of law, an optometrist may purchase, possess, administer, sell, prescribe, or dispense contact lenses, contact lens solutions, and topically applied dyes."

SECTION     3.     The 1976 Code is amended by adding:

"Section 40-37-108.     A therapeutically certified optometrist must be held to the same standard of care as persons licensed under Title 40, Chapter 47, 'Physicians, Surgeons, and Osteopaths and shall maintain a minimum of one million dollars in malpractice insurance converge."

SECTION     4.     Section 40-37-20 of the 1976 Code is amended to read:

"Section 40-37-20.         (A)     There is hereby created the South Carolina Board of Examiners in Optometry which shall consist consists of seven members. Five members shall must be licensed optometrists appointed by the Governor upon nomination by all licensed optometrists in this State through an election conducted by the board. The Governor may reject any or all of those nominated upon satisfactory showing as to of the unfitness of those rejected. If the Governor declines to appoint any of such the nominees so submitted, additional nominees shall must be submitted in the same manner. Vacancies shall must be filled in like manner by appointment by the Governor for the unexpired portion of the term. Two members of the board shall must be members of the general public who do not derive their income or support from any optical or related business or who are not related to any members of these professions. These public members shall may be nominated by any individual, group, or association, and are appointed by the Governor.

(B)     The board shall be is responsible for examining applicants for optometric licenses and for diagnostic and therapeutic certifications, for investigating complaints, and for investigating and prosecuting violations of this chapter.

(C)     The members of the board shall be are appointed for terms of four years and until their successors are appointed and qualify. No person may serve more than two consecutive four-year terms on the board, except that if any a person is appointed to fill an unexpired term on the board, he the person may be reappointed for two additional four-year terms. The Governor may remove any a member of the board who has been guilty of continued neglect of his board duties or who is found to be incompetent, or for just cause. No member shall may be removed without first giving him the member an opportunity to refute the charges filed against him. He shall the member, who must be given a copy of the charges at the time they are filed."

SECTION     5.     Section 40-37-105 of the 1976 Code is amended to read:

"Section 40-37-105.     A. (A) Nothing contained in this chapter or in Notwithstanding any other provision of law prohibits the topical application of , a diagnostically certified optometrist may purchase, possess, and administer pharmaceutical agents, including pharmaceutical agents for topical application, other than controlled substances as defined in Section 44-53-110, to the eye for diagnostic purposes in the practice of optometry. For the purposes of this section, "pharmaceutical agent" means: anesthetics, mydriatics, cycloplegics, miotics, dyes, and over-the-counter drugs. Miotics may be used only pursuant to the following restrictions:

(1) miotics may not be used for treatment purposes;

(2) miotics may be used only for emergency purposes involving the buildup of pressure within the eyeball;

(3) where miotics are used for emergency purposes involving the buildup of pressure within the eyeball, and immediately upon this emergency use the optometrist shall immediately refer the patient to an ophthalmologist and file with the South Carolina Board of Examiners in Optometry a written report of the incident in the manner prescribed by the board by regulation; and

(4) (3) the South Carolina Board of Examiners in Optometry shall ensure that the quality and quantity of miotics possessed by any a diagnostically certified optometrist is consistent with the use of miotics only for emergency purposes involving the buildup of pressure within the eyeball.
B. (B) No licensed Notwithstanding any other provision of law, a therapeutically certified optometrist may purchase, possess, or, administer, supply, and prescribe any pharmaceutical agent agents unless the optometrist has obtained a certificate from the South Carolina Board of Examiners in Optometry certifying that (1) the optometrist has complied with the educational requirements promulgated by the board and (2) the optometrist has passed a pharmaceutical agent examination which must be administered by the board ,other than Schedule I and II controlled substances as defined in Section 44-53-110, for diagnostic and therapeutic purposes in the practice of optometry, except that:

    (1)     when supplying or prescribing oral pharmaceutical agents, documentation must be made in the patient's chart;

(2)     when prescribing analgesics, the prescription must be limited to a seven-day supply;

(3)     when prescribing topical steroids, the prescription period may not exceed twenty-eight days;

(4)     no medications may be given by injection or intravenously."

(C)     For purposes of this chapter 'supply' is limited to pharmaceutical agents given to a patient by a therapeutically-certified optometrist for the purpose of initiating treatment until the patient's prescription can be filled by a registered pharmacist.

SECTION     6.     Section 40-37-107 of the 1976 Code is amended to read:

"Section 40-37-107.     (A)     In the diagnosis or treatment of eye disease An an optometrist, using judgment and that degree of skill, care, knowledge, and attention ordinarily possessed and exercised by optometrists in good standing under like circumstances, shall refer a patient to an appropriate medical or osteopathic doctor including, but not limited to, corneal, glaucoma, or retinal opthamological specialists when the optometric examination of the patient indicates signs or symptoms of disease, which signs or symptoms require additional medical evaluation or treatment is necessary. However, an optometrist who is not therapeutically certified may refer a patient to a therapeutically certified optometrist when additional evaluation or treatment is necessary or to a medical or osteopathic doctor as provided for in this section, and any optometrist may refer a patient to another optometrist for the purpose of fitting or dispensing eye glasses, contact lenses, or low vision aids. The South Carolina Board of Examiners in Optometry shall promulgate regulations for the maintenance of records of referrals by optometrists in accordance with the provisions of this section.

(B)     Notwithstanding subsection (A) if a patient being treated by a therapeutically certified optometrist for glaucoma does not respond appropriately within ninety days of the initiation of treatment, the optometrist shall refer the patient to an ophthalmologist.

(C)     Notwithstanding subsection (A) an optometrist may remove only superficial ocular or adnexa oculi foreign bodies; removal of other foreign bodies must be referred to an ophthalmologist."

SECTION     7.     Section 40-37-140 of the 1976 Code is amended to read:

"Section 40-37-140.     Every An optometrist practicing in this State who desires to continue to be licensed annually shall annually, on or pay before the first second day of October of each year, pay a renewal fee, to be fixed by regulation. In case of default in making such this payment by any person, his the license shall be of an optometrist is automatically terminated provided the board gives the licensee thirty days' notice in writing prior to before the imposition of the mandatory termination. The deposit of such this notice in the United States Post Office addressed to the licensee at his the licensee's last current address as registered with the board, with postage prepaid, shall be is due and legal service of such the notice. If within the thirty-day period the person so notified shall pay such the licensee pays a penalty as that the board may impose, not to exceed fifty dollars, as well as his and the renewal fee, his the license shall must be renewed. Any A person whose license is terminated because of a failure to pay a renewal fee may apply to have it regranted reinstated upon payment to the board of all renewal fees that should have been paid had the license remained active, together with and a penalty of one hundred dollars. If the license has lapsed for a period greater more than two years, the licensee shall appear before the board who shall then determine whether or upon what conditions the license should may be reinstated.

(B)     Each active South Carolina An optometrist annually shall annually attend a minimum of twelve twenty hours of continuing educational courses or meetings. The instruction shall must be on subjects relative to optometry, exclusive of office management or administration, at board approved and recognized educational seminars and courses or accredited institutions of learning. For optometrists diagnostically or therapeutically certified, eight of the twenty hours must be pharmacology related. Satisfactory proof of compliance with this requirement is a prerequisite for annual license renewal."

SECTION     8.     Section 40-43-150 of the 1976 Code, as last amended by Act 303 of 1992, is further amended to read:

"Section 40-43-150.     (A)     It is unlawful for a person to sell, give away, barter, exchange, distribute, or possess in the State, except on a prescription of a licensed medical or osteopathic physician, podiatrist, dentist, therapeutically certified optometrist, nurse practitioner, or veterinarian a drug bearing on its manufacturer's or distributor's original commercial container the legend, 'CAUTION: Federal law prohibits dispensing without a prescription' and those which, in the discretion of the Board of Pharmacy, are classified as 'dangerous drugs' within the meaning of this section.

(B)     The prescription must be compounded only by a licensed pharmacist, licensed assistant pharmacist, or under the direct personal supervision of a licensed pharmacist. No prescription may be refilled except upon the authorization of a the licensed medical or osteopathic physician, podiatrist, dentist, therapeutically certified optometrist, nurse practitioner, or veterinarian who prescribed it.

(C)     This section does not apply to the sale at wholesale by recognized drug jobbers or wholesalers or drug manufacturers to pharmacists or drug outlets or licensed medical or osteopathic physicians, podiatrists, dentists, diagnostically or therapeutically certified optometrists, or veterinarians qualified to practice their professions according to the laws of this State, nor to the sale by pharmacists in drug outlets to one another. This section applies to the sale by a manufacturer, wholesaler, or retailer to a person other than those legally qualified and authorized to purchase and hold them for resale in this State."

SECTION     9.     Section 40-43-155 of the 1976 Code, as last amended by Act 548 of 1988, is further amended to read:

"Section 40-43-155.     (A)     Licensed pharmacists may sell pharmaceutical agents, other than controlled substances as defined in Section 44-53-110, to optometrists who are diagnostically certified by the South Carolina Board of Examiners in Optometry to purchase, possess, and administer these agents for the purpose of topically applying the agents to the eye for diagnostic purposes diagnostic purposes in the practice of optometry in accordance with Section 40-37-105(A). In this section subsection, 'pharmaceutical agent' means anesthetics, mydriatics, cycloplegics, miotics, dyes, and over-the-counter drugs.

(B)     Licensed pharmacists may sell pharmaceutical agents, other than Schedule I and Schedule II controlled substances as defined in Section 44-53-110, to optometrists who are therapeutically certified by the South Carolina Board of Examiners in Optometry for diagnostic and therapeutic purposes in the practice of optometry in accordance with Section 40-37-105(B)."

SECTION     10.     The third paragraph of Section 40-43-360 of the 1976 Code, as last amended by Act 303 of 1992, is further amended to read:

"'Pharmacy' means an outlet dispensing drugs on the order of a practitioner licensed to prescribe drugs. 'Practitioner' means a physician, dentist, osteopath, podiatrist, therapeutically certified optometrist, nurse practitioner, or veterinarian licensed by any state or territory (,other than pharmacists engaged in the practice of pharmacy), to prescribe with regard to drugs or devices in the course of professional practice or research. Nothing in this section supersedes the Nursing Dispensing Act."

SECTION     11.     This act takes effect upon approval by the Governor./

Amend title to read:

/A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-37-103 SO AS TO PROVIDE REQUIREMENTS FOR DIAGNOSTIC and THERAPEUTIC CERTIFICATION OF AN OPTOMETRIST; BY ADDING SECTION 40-37-106 SO AS TO PROHIBIT AN OPTOMETRIST FROM ESTABLISHING A PHARMACY IN AN OPTOMETRY OFFICE and TO PROVIDE THAT A CERTIFIED OPTOMETRIST MAY ADMINISTER OR SUPPLY PHARMACEUTICAL AGENTS TO PATIENTS TO INITIATE TREATMENT; BY ADDING SECTION 40-37-108 SO AS TO PROVIDE THAT A THERAPEUTICALLY CERTIFIED OPTOMETRIST MUST BE HELD TO THE STANDARD OF CARE OF PHYSICIANS and SHALL MAINTAIN ONE MILLION DOLLARS IN MALPRACTICE INSURANCE; TO AMEND SECTION 40-37-20, RELATING TO THE AUTHORITY and DUTIES OF THE SOUTH CAROLINA BOARD OF EXAMINERS IN OPTOMETRY, SO AS TO INCLUDE EXAMINING APPLICANTS FOR DIAGNOSTIC and THERAPEUTIC CERTIFICATION; TO AMEND SECTION 40-37-105, RELATING TO THE USE OF TOPICAL APPLICATION OF PHARMACEUTICAL AGENTS BY OPTOMETRISTS, SO AS TO PROVIDE FOR THE DIAGNOSTIC and THE THERAPEUTIC USE OF THESE AGENTS and TO PROVIDE RESTRICTIONS; TO AMEND SECTION 40-37-107, RELATING TO REFERRALS OF PATIENTS BY OPTOMETRISTS TO PHYSICIANS, SO AS TO INCLUDE REFERRALS TO OTHER OPTOMETRISTS UNDER CERTAIN CONDITIONS; TO AMEND SECTION 40-37-140, RELATING TO LICENSE RENEWAL and CONTINUING EDUCATION, SO AS TO REQUIRE TWENTY HOURS OF EDUCATION A YEAR WITH CERTAIN PHARMACOLOGICAL REQUIREMENTS FOR CERTIFIED OPTOMETRISTS; TO AMEND SECTION 40-43-150, AS AMENDED, RELATING TO WHO MAY PRESCRIBE DRUGS and TO THE SALE OF DRUGS AT WHOLESALE, SO AS TO INCLUDE THERAPEUTICALLY CERTIFIED OPTOMETRISTS AMONG THOSE WHO MAY PRESCRIBE and TO ALLOW THE SALE OF DRUGS AT WHOLESALE TO DIAGNOSTICALLY and THERAPEUTICALLY CERTIFIED OPTOMETRISTS; TO AMEND SECTION 40-43-155, AS AMENDED, RELATING TO PHARMACISTS SELLING PHARMACEUTICAL AGENTS TO OPTOMETRISTS, SO AS TO PROVIDE THAT THEY MAY BE SOLD TO OPTOMETRISTS WHO ARE DIAGNOSTICALLY and THERAPEUTICALLY CERTIFIED OPTOMETRISTS FOR CERTAIN PURPOSES; and TO AMEND SECTION 40-43-360, AS AMENDED, RELATING TO DEFINITIONS IN THE PHARMACY ACT, SO AS TO INCLUDE A THERAPEUTICALLY CERTIFIED OPTOMETRIST AS A "PRACTITIONER" FOR THE PURPOSE OF DEFINING WHO MAY PRESCRIBE DRUGS./

Rep. BAKER explained the amendment.

Rep. BAKER spoke in favor of the amendment.

The amendment was then adopted.

Rep. HOUCK proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\436\12957.93), which was tabled.
Committee, dated February 2, 1993, Doc. Name 436\12928AC.93.

Amend the amendment, as and if amended, in Section 40-37-107, page 9, by inserting a new subsection to read:

/(D)     The use of surgery or other invasive modalities, or both, is prohibited. "Invasive modalities" is defined to include lasers, ionizing radiation, therapeutic ultrasound, drugs by injection, and removal of embedded foreign bodies./

Reletter subsections to conform.

Amend title to conform.

Rep. HOUCK explained the amendment.

LEAVE OF ABSENCE

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

Rep. HOUCK continued speaking.

Rep. MEACHAM moved to table the amendment, which was agreed to.

Rep. HOUCK proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\436\12959.93), which was tabled.

Amend the amendment, as and if amended, in Section 40-37-107, page 9, by striking subsection (B) and inserting:

/(B)     Optometrists are prohibited from prescribing any therapeutic agent or other treatment modality of any kind for glaucoma, but are authorized to examine patients with glaucoma in collaboration with an ophthalmologist. In cases of acute glaucoma only, an optometrist may initiate the appropriate therapy and make immediate referral to an ophthalmologist./

Amend title to conform.

Rep. HOUCK explained the amendment.

Rep. BAKER spoke against the amendment.

Rep. HOUCK spoke in favor of the amendment.

Rep. BAKER moved to table the amendment, which was agreed to.

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

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 109; Nays 3

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Bailey, G.
Bailey, J.             Baker                  Barber
Baxley                 Beatty                 Boan
Brown, G.              Brown, H.              Brown, J.
Byrd                   Canty                  Cato
Chamblee               Clyborne               Cobb-Hunter
Cooper                 Corning                Cromer
Davenport              Delleney               Fair
Farr                   Felder                 Fulmer
Gamble                 Gonzales               Govan
Graham                 Hallman                Harrell
Harrelson              Harris, J.             Harris, P.
Harrison               Harvin                 Harwell
Haskins                Hines                  Hodges
Holt                   Huff                   Hutson
Jaskwhich              Jennings               Keegan
Kelley                 Kennedy                Keyserling
Kirsh                  Klauber                Koon
Law                    Littlejohn             Marchbanks
Martin                 Mattos                 McAbee
McCraw                 McElveen               McKay
McLeod                 McMahand               Meacham
Moody-Lawrence         Neal                   Neilson
Phillips               Quinn                  Rhoad
Richardson             Robinson               Rogers
Rudnick                Scott                  Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Spearman
Stille                 Stone                  Stuart
Thomas                 Townsend               Trotter
Tucker                 Vaughn                 Waites
Waldrop                Walker                 Wells
Whipper                White                  Wilder, D.
Wilder, J.             Wilkins                Williams
Witherspoon            Wofford                Young, A.
Young, R.

Total--109

Those who voted in the negative are:

Carnell                Riser                  Wilkes

Total--3

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

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

ADJOURNMENT

At 4:30 P.M. the House in accordance with the motion of Rep. D. SMITH adjourned in memory of Mr. James H. Strickler, Sr., to meet at 10:00 A.M. tomorrow.

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