Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

We admit, ever present Lord, that too often we wait to pray when all else fails. Help us to know that You are not a God of Last Resort. Deliver us from the habit of treating You like a spare tire, or a fire extinguisher or a parachute. Forbid that we should ever conduct ourselves on the assumption that we pray only when everything else fails.

This our prayer we make to our God Who waits patiently for us to pray and Who is ever ready to answer our prayers. 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.

Document No. 1361
Promulgated By Residential Builders Commission
Residential Builders and Specialty Contractors
Referred to House Committee on Labor, Commerce and Industry
Withdrawn May 8, 1991

The following was received and referred to the appropriate committee for consideration.

Document No. 1397
Promulgated By Clemson University Livestock-Poultry Health Division
Equine Sales Facility
Received By Speaker May 9, 1991
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 day review expiration date September 6, 1991

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

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

Ordered for consideration tomorrow.

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

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

Ordered for consideration tomorrow.

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

H. 3345 -- Reps. Wilkins, Hayes, Waites, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, H. Brown, J. Brown, Bruce, Burch, Burriss, Carnell, Cato, Chamblee, Cooper, Corbett, Cork, Corning, Cromer, Derrick, D. Elliott, L. Elliott, Faber, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hendricks, Holt, Houck, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Keegan, Kempe, Keyserling, Kirsh, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, McBride, McCraw, McGinnis, McKay, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Rogers, Rudnick, Scott, Sharpe, Sheheen, Shirley, Smith, Snow, Stoddard, Sturkie, Townsend, Tucker, Vaughn, Waldrop, Wells, Whipper, White, Wilder, Wilkes, D. Williams, Wofford, Wright, A. Young, and R. Young: A BILL TO AMEND ARTICLE 15, CHAPTER 7, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE GRAND JURY SYSTEM, SO AS TO REVISE THE JURISDICTION AND CERTAIN PROCEDURES OF THE SYSTEM.

Ordered for consideration tomorrow.

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

H. 3571 -- Reps. Rudnick, Baxley and Kempe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-325 SO AS TO PROVIDE THAT WHEN A MORTGAGEE OR ASSIGNEE OF A MORTGAGE IS A FINANCIAL INSTITUTION, IT MUST RECORD THE SATISFACTION OR CANCELLATION OF THE MORTGAGE WITHIN THIRTY DAYS OF RECEIPT OF THE AMOUNT NECESSARY TO SATISFY OR CANCEL THE DEBT SECURED BY THE MORTGAGE, TO AUTHORIZE INSTITUTIONS TO IMPOSE A REASONABLE FEE OF NOT MORE THAN TWENTY-FIVE DOLLARS TO COVER THE COST OF RECORDING THE SATISFACTION OR CANCELLATION, TO IMPOSE A PENALTY ON A FINANCIAL INSTITUTION WHICH FAILS TO RECORD THE SATISFACTION OR CANCELLATION, TO MAKE THIS PENALTY AN ALTERNATIVE TO OTHER REMEDIES, TO PROVIDE EXCEPTION, AND TO MAKE THE SECTION APPLICABLE TO MORTGAGES SATISFIED OR CANCELED AFTER DECEMBER 31, 1991.

Ordered for consideration tomorrow.

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

H. 3625 -- Reps. Kinon, Haskins, Quinn, Harwell, Burch, J. Harris, Carnell, McAbee, Cato, L. Elliott, Wright, Rama, J. Brown and Cooper: A BILL TO AMEND SECTION 58-3-23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR THE NOMINATION OF CANDIDATES FOR ELECTION TO THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, SO AS TO AUTHORIZE THE MERIT SELECTION PANEL BY A MAJORITY INSTEAD OF UNANIMOUS VOTE TO SUBMIT, IN ADDITION TO THE NUMBER OF NAMES AUTHORIZED, FOUR NAMES FOR A VACANCY.

Ordered for consideration tomorrow.

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

H. 3714 -- Rep. Hodges: A BILL TO AMEND SECTION 20-7-1440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES, COSTS, AND ALLOWANCES ALLOWED IN DELINQUENCY, DEPENDENCY, AND NEGLECT ACTIONS IN FAMILY COURT, SO AS TO ALLOW FOR A FEE FOR THE SERVICE OF PROCESS IN CONNECTION WITH A TITLE VI-D CHILD SUPPORT ACTION PURSUANT TO A COOPERATIVE AGREEMENT ENTERED INTO BY THE SHERIFF OR CLERK OF COURT AND THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES FOR THE REIMBURSEMENT OF FEDERAL MATCHING FUNDS.

Ordered for consideration tomorrow.

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

H. 3784 -- Rep. Quinn: A BILL TO AMEND SECTION 33-15-103, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A FOREIGN CORPORATION'S CERTIFICATE OF AUTHORITY TO TRANSACT BUSINESS IN THIS STATE, SO AS TO DELETE THE REQUIREMENT THAT THE APPLICATION FOR THE CERTIFICATE MUST BE SIGNED BY AN ATTORNEY LICENSED TO PRACTICE IN THIS STATE.

Ordered for consideration tomorrow.

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

H. 3813 -- Reps. Wilkins, Hayes, Gentry, Clyborne and Baxley: A BILL TO AMEND SECTION 16-3-1180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIME VICTIMS' COMPENSATION AWARDS, SO AS TO ALLOW A PREVIOUSLY DECIDED AWARD TO BE REOPENED FOR THE PURPOSE OF INCREASING THE COMPENSATION PREVIOUSLY AWARDED, TO PRESCRIBE THE PROCEDURE FOR REOPENING THE AWARD INCLUDING A TWELVE-MONTH LIMIT AFTER THE FINAL PAYMENT DURING WHICH THE REVIEW FOR REOPENING THE AWARD MUST BE MADE; AND TO AMEND SECTION 16-3-1220, AS AMENDED, RELATING TO PERSONS INELIGIBLE FOR CRIME VICTIM'S COMPENSATION, SO AS TO MAKE A PARENT OF A DECEASED VICTIM INELIGIBLE FOR AN AWARD IF THE DECEASED VICTIM COMMITTED OR AIDED IN THE COMMISSION OF THE CRIME UPON WHICH THE CLAIM IS BASED OR ENGAGED IN OTHER UNLAWFUL ACTIVITY WHICH CONTRIBUTED TO OR AGGRAVATED THE RESULTING INJURY.

Ordered for consideration tomorrow.

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

S. 431 -- Senator Drummond: A BILL TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAD CHECKS, SO AS TO SPECIFICALLY MAKE IT UNLAWFUL TO DRAW, MAKE, UTTER, ISSUE, OR DELIVER A BAD CHECK FOR PAYMENT ON A LEASE AGREEMENT OR TO PAY RENT.

Ordered for consideration tomorrow.

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

S. 666 -- Senators Nell W. Smith and Holland: A BILL TO AMEND SECTION 20-7-1775, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ACCOUNTING OF DISBURSEMENTS MADE BY OR ON BEHALF OF A PETITIONER IN CONNECTION WITH AN ADOPTION, SO AS TO INCLUDE RECEIPTS FOR REASONABLE LIVING EXPENSES ASSESSED AS COSTS.

Ordered for consideration tomorrow.

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

S. 789 -- Senator Bryan: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS GRANTED TO COUNTIES, SO AS TO REVISE AND REAUTHORIZE THE METHOD BY WHICH A SPECIAL TAX DISTRICT IS CREATED.

Ordered for consideration tomorrow.

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

S. 832 -- Senator Bryan: A BILL TO AMEND ACT 571 OF 1990, RELATING TO JUVENILE DETENTION SO AS TO CHANGE THE EFFECTIVE DATE FOR CERTAIN SECTIONS FROM JANUARY 1, 1992, TO JANUARY 1, 1993.

Ordered for consideration tomorrow.

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

S. 843 -- Judiciary Committee: A BILL TO AMEND SECTION 14-3-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPELLATE JURISDICTION OF THE SUPREME COURT IN LAW CASES, SO AS TO DELETE THE TIME PERIOD WITHIN WHICH NOTICE OF APPEAL MUST BE GIVEN IN ORDER TO CONFORM THE PROVISIONS OF THIS SECTION TO THE PROVISIONS OF THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 18-9-10, RELATING TO WHEN AN APPEAL MAY BE TAKEN TO THE SUPREME COURT, SO AS TO PROVIDE THAT THE PROCEDURE FOR TAKING AN APPEAL IS AS PROVIDED BY THE SOUTH CAROLINA APPELLATE COURT RULES; TO REPEAL SECTIONS 14-3-650, RELATING TO THE DOCKETING FEE IN CIVIL CASES, 18-9-250, RELATING TO THE PRINTING OF TESTIMONY, 18-9-300, RELATING TO THE CLERK OF THE SUPREME COURT ATTACHING A COPY OF THE OPINION OF THE COURT TO THE JUDGMENT REMITTED TO THE COURT BELOW, AND SECTION 20-7-2225, RELATING TO NOTICE OF APPEALS FROM THE FAMILY COURT, WHICH SECTIONS ARE REPLACED BY PROVISIONS CONTAINED IN THE SOUTH CAROLINA APPELLATE COURT RULES; AND TO PROVIDE THE SOUTH CAROLINA APPELLATE COURT RULES SHALL CONTROL WHEN IN CONFLICT WITH APPLICABLE PROVISIONS OF STATUTORY LAW EXCEPT THAT THESE RULES MAY NOT EFFECT ANY SUBSTANTIVE RIGHT OF ANY PARTY IN A CIVIL OR CRIMINAL MATTER, AND THAT IF A CIVIL OR CRIMINAL MATTER INVOLVES THE SUBSTANTIVE LEGAL RIGHTS OF ANY PARTY, THEN THE SUBSTANTIVE LEGAL PRINCIPLES, AS PROVIDED FOR IN STATUTES AND CASE LAW, MUST BE APPLIED.

Ordered for consideration tomorrow.

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

S. 927 -- Judiciary Committee: A BILL TO AMEND CHAPTER 8, TITLE 36, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTMENT SECURITIES UNDER THE UNIFORM COMMERCIAL CODE, SO AS TO FURTHER PROVIDE FOR THE ISSUANCE OF THESE SECURITIES, FOR THE RIGHTS, DUTIES, AND OBLIGATIONS OF THE HOLDERS AND ISSUES OF THESE SECURITIES, FOR THE PURCHASE, TRANSFER AND REGISTRATION OF THESE SECURITIES, AND FOR THE NEGOTIABILITY OF THESE SECURITIES AND OTHER RELATED PROVISIONS, AND TO AMEND SECTIONS 36-1-201, 36-5-114, 36-9-103, 36-9-105, 36-9-203, 36-9-302, 36-9-304, 36-9-305, 36-9-309, AND 36-9-312, RELATING TO OTHER PROVISIONS OF THE UNIFORM COMMERCIAL CODE, SO AS TO REVISE THESE PROVISIONS IN ORDER TO CONFORM THEM TO THE ABOVE PROVISIONS OF CHAPTER 8.

Ordered for consideration tomorrow.

The following was introduced:

H. 3989 -- Reps. Glover, Scott, Beatty, D. Williams, White, K. Bailey, J. Brown, Whipper, Inabinett and Waites: A CONCURRENT RESOLUTION TO DECLARE THAT THE CONFEDERATE FLAG SHOULD BE REMOVED FROM ATOP THE STATE HOUSE.

Five members objecting to immediate consideration, the Resolution was ordered referred to the Committee on Judiciary.

I hereby request my objection be recorded to the removal of the Confederate flag from the State House.

Rep. JARVIS R. KLAPMAN

The Senate sent to the House the following:

S. 980 -- Senators Setzler, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. F. W. "BILLY" CAUGHMAN, PROMINENT LEXINGTON COUNTY BUSINESS AND CIVIC LEADER, UPON HIS DEATH.

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

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

H. 3990 -- Reps. Jennings, Baxley, M. Martin, L. Elliott, Burch, White, Harrison, Houck, Farr, J. Harris, Hodges, Snow, McElveen, Beasley, Neilson and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-165 SO AS TO PROVIDE THAT THE PROPERTY DAMAGE COVERAGE CONTAINED IN ANY AUTOMOBILE INSURANCE POLICY WRITTEN IN THIS STATE AND THE COLLISION COVERAGE, IF ANY, IN THE POLICY IS DEEMED TO COVER THE COST OF REPLACING OR REPAIRING THE AIR BAGS IN AUTOMOBILES INVOLVED IN A CLAIM UNDER THE POLICY, AND TO PROVIDE THAT NO INSURER BY ENDORSEMENT TO THE POLICY MAY EXCEPT OUT OR NEGATE THIS PROVISION.

Referred to Committee on Labor, Commerce and Industry.

S. 831 -- Senator Pope: A BILL TO CREATE THE REGISTRATION AND ELECTIONS COMMISSION FOR NEWBERRY COUNTY AND TO ABOLISH THE NEWBERRY COUNTY ELECTIONS COMMISSION AND THE BOARD OF REGISTRATION OF NEWBERRY COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.

Referred to Newberry Delegation.

The following was introduced:

H. 3991 -- Reps. McAbee, J.C. Johnson and Carnell: A CONCURRENT RESOLUTION TO COMMEND FRED P. BRINKMAN FOR HIS SERVICE TO THE STATE OF SOUTH CAROLINA AS EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM SINCE 1973.

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

Rep. WILDER presented members representing "SHHH" (Self-Help for Hard of Hearing People), Lexington Medical Center and WIS-TV, thanking them for work on behalf of the hearing impaired people.

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

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Bailey, K.             Baxley
Beasley                Beatty                 Bennett
Boan                   Brown, G.              Brown, H.
Brown, J.              Burch                  Burriss
Carnell                Cato                   Chamblee
Clyborne               Cole                   Cooper
Cork                   Corning                Cromer
Elliott, D.            Elliott, L.            Fair
Farr                   Foster                 Gentry
Gonzales               Hallman                Harris, J.
Harris, P.             Harrison               Harwell
Haskins                Hendricks              Hodges
Holt                   Houck                  Inabinett
Jennings               Johnson, J.W.          Keesley
Kempe                  Kinon                  Kirsh
Klapman                Littlejohn             Marchbanks
Martin, D.             Martin, L.             Martin, M.
Mattos                 McAbee                 McCain
McCraw                 McGinnis               McKay
Meacham                Neilson                Nettles
Phillips               Rama                   Rhoad
Rogers                 Ross                   Rudnick
Scott                  Sharpe                 Sheheen
Shirley                Short                  Smith
Snow                   Sturkie                Vaughn
Waites                 Waldrop                Wells
Whipper                White                  Wilder
Wilkes                 Wilkins                Williams, D.
Wofford                Wright                 Young, A.
Young, R.

I came in after the roll call and was present for the Session on Thursday, May 9.

Ronald C. Fulmer                  Mike Jaskwhich
Thomas E. Huff                    Tom Keegan
Robert Hayes                      Ken Corbett
George H. Bailey                  Harriet Keyserling
Danny Bruce                       John G. Felder
James C. Johnson                  Gene Stoddard
Dell Baker                        Joseph McElveen
Steve Lanford                     Maggie W. Glover
Robert Barber                     Douglas E. McTeer, Jr.
Alex Harvin, III                  Larry Koon
E.B. McLeod                       Jack Gregory

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

Reps. GENTRY and McELVEEN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, May 8.

Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, May 7.

Announcement was made that Dr. Clarence Coker of Manning is the Doctor of the Day for the General Assembly.

Rep. J. BROWN moved that when the House adjourns, it adjourn in memory of Mrs. Ruth Rolax, which was agreed to.

The following Bills and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.

S. 949 -- Senators J. Verne Smith and Stilwell: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO REDEFINE THE BOUNDARIES OF PRECINCT 56, PLEASANT GROVE, AND PROVIDE FOR A NEW POLLING PLACE FOR THAT PRECINCT, AND TO ESTABLISH A NEW PRECINCT, NAMELY, 56A, RIVERSIDE, AND PROVIDE FOR ITS POLLING PLACE.

S. 317 -- Senators Lourie, Giese and Passailaigue: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO DELETE THE PROVISION THAT EACH OWNER OF A PART OF THE FEE OR LIFE ESTATE OWNS EQUAL INTEREST IN THE HOMESTEAD.

S. 508 -- Senators Land and Holland: A BILL TO AMEND SECTION 8-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE FOR STATE EMPLOYEES, SO AS TO LIMIT THE PERIOD OF ADMINISTRATIVE LEAVE WITH PAY TO NINETY DAYS.

S. 662 -- Senator Waddell: A BILL TO AMEND SECTION 9-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYROLL DEDUCTION INSTALLMENT PURCHASE PLAN FOR ESTABLISHING CREDIT FOR OUT-OF-STATE SERVICE AND FEDERAL CIVILIAN SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO EXTEND THE INSTALLMENT PURCHASE PLAN TO MILITARY SERVICE AND OTHER SERVICE FOR WHICH CREDIT IS ESTABLISHED BY ONLY A MEMBER CONTRIBUTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 9-11-330 SO AS TO EXTEND THE INSTALLMENT PURCHASE PLAN OF THE SOUTH CAROLINA RETIREMENT SYSTEM TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM.

S. 70 -- Senators Rose and Wilson: A BILL TO AMEND CHAPTER 1, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-455, RELATING TO EDUCATION, SO AS TO REQUIRE ALL PUBLIC SCHOOLS TO DESIGNATE A TIME EACH SCHOOL DAY FOR THE "PLEDGE OF ALLEGIANCE".

S. 879 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL SAFETY ASSESSMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1371, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3630 -- Rep. Hodges: A BILL TO AMEND SECTION 33-16-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A CORPORATION IS REQUIRED TO REPORT TO SHAREHOLDERS SHARES ISSUED FOR PROMISSORY NOTES OR FOR PROMISES TO RENDER SERVICES IN THE FUTURE, SO AS TO EXEMPT A CORPORATION THAT IS SUBJECT TO THE REPORT REQUIREMENTS OF THE SECURITIES AND EXCHANGE ACT OF 1934, IF THE SHARES ARE ISSUED PURSUANT TO A PLAN THAT HAS BEEN APPROVED BY THE SHAREHOLDERS OF THE CORPORATION.

H. 3540 -- Rep. Corning: A JOINT RESOLUTION TO SUSPEND THE ENFORCEMENT AND APPLICATION OF PART E OF SECTION 3 OF INSURANCE DEPARTMENT REGULATION R69-44 (REQUIREMENT FOR HOME CARE) UNTIL JANUARY 1, 1992.

H. 3748 -- Reps. Sharpe, Smith and Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-617 SO AS TO AUTHORIZE PERMITTED DOMESTIC WINERIES TO SELL THEIR WINE AT RETAIL AND DELIVER.

H. 3948 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO AIR POLLUTION CONTROL STANDARDS, STANDARD NO. 8, TOXIC AIR POLLUTANTS (ADDITIONAL CHEMICALS), DESIGNATED AS REGULATION DOCUMENT NUMBER 1336, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3134 -- Rep. McTeer: A BILL TO AMEND SECTIONS 9-1-1140 AND 9-11-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITED SERVICE FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND TO THE PROVISIONS ALLOWING MERCHANT MARINE SEAMEN AND CIVIL SERVICE CREW MEMBERS TO ESTABLISH CREDIT FOR CERTAIN SERVICE BETWEEN 1941 AND 1945, SO AS TO EXTEND THE EXPIRATION OF THAT PERIOD OF SERVICE TO 1947.

H. 3667 -- Reps. Wright, Klapman and Koon: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AD VALOREM PROPERTY TAX EXEMPTIONS, SO AS TO INCLUDE THE RESIDENCE OF A HEMIPLEGIC PERSON AND DEFINE THE TERM.

H. 3713 -- Rep. Hodges: A BILL TO AMEND SECTION 43-5-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT ALLOWED COUNTIES, CIRCUIT SOLICITORS, AND CIRCUIT COURTS FROM THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES IN CONNECTION WITH CHILD SUPPORT COLLECTION AND PATERNITY DETERMINATION PROGRAMS, SO AS TO ALLOW REIMBURSEMENT FOR SHERIFFS.

H. 3773 -- Reps. Baker, Sharpe, Kirsh, Nettles, Keesley and Baxley: A BILL TO AMEND JOINT RESOLUTION 550 OF 1986, RELATING TO A MAXIMUM SALES TAX ON THE SALE OF MACHINERY FOR RESEARCH AND DEVELOPMENT FOR A PERIOD OF FIVE YEARS AND AN EXEMPTION FROM AD VALOREM TAXATION FOR A PERIOD OF FIVE YEARS OF CERTAIN FACILITIES ENGAGED IN RESEARCH AND DEVELOPMENT ACTIVITIES, SO AS TO MAKE THESE EXEMPTIONS PERMANENT RATHER THAN OF A FIVE-YEAR DURATION AND TO DESIGNATE SECTION 1 OF JOINT RESOLUTION 550 OF 1986 AS SECTION 12-36-2120(43), CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO DESIGNATE SECTION 2 OF JOINT RESOLUTION 550 OF 1986 AS SECTION 12-37-220 B.(34) OF THE 1976 CODE.

H. 3609 -- Reps. Hodges and Hayes: A BILL TO AMEND SECTION 56-3-2320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF DEALER OR WHOLESALER LICENSE PLATES, SO AS TO PROVIDE THAT THESE PLATES ONLY MAY BE ISSUED TO PERSONS WHO SELL TEN MOTOR VEHICLES IN A TWELVE-MONTH PERIOD.

H. 3709 -- Rep. Altman: A BILL TO AMEND SECTION 12-37-2740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF DRIVER'S LICENSE AND REGISTRATION, SO AS TO PROVIDE THAT WRITTEN NOTIFICATION OF SUSPENSION BE IN A MANNER PROVIDED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

H. 3768 -- Reps. Phillips and Wright: A BILL TO AMEND CHAPTER 59, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPRIETARY SCHOOLS, SO AS TO TRANSFER AUTHORITY FROM THE STATE BOARD OF EDUCATION TO THE STATE COMMISSION ON HIGHER EDUCATION; TO PROVIDE FOR THE STATE COMMISSION ON HIGHER EDUCATION TO PROMULGATE REGULATIONS AND PROVIDE FOR INTERIM REGULATIONS; AND TO REPEAL CHAPTER 61, TITLE 59, RELATING TO REGULATIONS PERTAINING TO COURSES OF INSTRUCTION.

H. 3721 -- Reps. Burriss and McAbee: A BILL TO AMEND SECTION 16-14-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE FINANCIAL TRANSACTION CARD CRIME ACT, SO AS TO DEFINE "ACQUIRER"; AND TO AMEND SECTION 16-14-60, RELATING TO FINANCIAL TRANSACTION CARD FRAUD, SO AS TO MAKE IT ILLEGAL FOR A PERSON TO FRAUDULENTLY REPRESENT TO AN ACQUIRER THAT HE HAS AUTHORIZATION TO USE A CREDIT CARD ACCOUNT NUMBER FOR THE PURPOSE OF RECEIVING MONEY, GOODS, SERVICES, OR ANYTHING ELSE OF VALUE, AND TO PROVIDE PENALTIES FOR VIOLATION.

Rep. PHILLIPS moved to reconsider the vote whereby the following Bill was given a second reading.

H. 3381 -- Reps. Gregory, Nettles, Short, Boan, Wilkins, Kirsh and J. Brown: A BILL TO AMEND SECTION 40-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE FITTING AND SELLING OF HEARING AIDS ACT, SO AS TO REVISE THE DEFINITION FOR AUDIOLOGIST; TO AMEND SECTION 40-25-30, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR REFUNDS AND ESTABLISHMENT OF LICENSING FEES; TO AMEND SECTION 40-25-40, RELATING TO THE COMMISSION OF HEARING AID DEALERS AND FITTERS, SO AS TO PROVIDE FOR MILEAGE AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 40-25-60, RELATING TO LICENSES, SO AS TO DELETE THE FILING REQUIREMENTS FOR CORPORATIONS, PARTNERSHIPS, TRUSTS, AND ASSOCIATIONS; TO AMEND SECTION 40-25-70, RELATING TO DUTIES OF LICENSEES, SO AS TO DELETE THE PROVISIONS PERTAINING TO THE EXAMINATION OF CHILDREN TWELVE YEARS OF AGE, REQUIRE MEDICAL EVALUATIONS, AND PROVIDE FOR WAIVERS; TO AMEND SECTION 40-25-100, RELATING TO THE ISSUANCE OF LICENSES AND, FOR PERSONS LICENSED IN ANOTHER STATE, OF CERTIFICATES OF ENDORSEMENT, SO AS TO PROVIDE FOR FEES TO BE SET BY REGULATION AND DELETE THE REQUIREMENTS FOR CHARACTER AND HEALTH; TO AMEND SECTION 40-25-110, RELATING TO QUALIFICATIONS OF APPLICANTS FOR EXAMINATIONS, SO AS TO DELETE OBSOLETE LANGUAGE, CHANGE THE AGE REQUIREMENT FROM TWENTY-ONE TO EIGHTEEN YEARS, DELETE THE HEALTH REQUIREMENT, PROVIDE FOR LICENSING OF AUDIOLOGISTS, AND PROVIDE FOR APPEALS; TO AMEND SECTION 40-25-120, RELATING TO TEMPORARY PERMITS, SO AS TO DELETE THE CHARACTER AND HEALTH REQUIREMENTS AND PROVIDE FOR FEES TO BE SET BY REGULATION; TO AMEND SECTION 40-25-150, RELATING TO RENEWAL AND DISPLAY OF LICENSES AND CONTINUING EDUCATION, SO AS TO PROVIDE FOR FEES TO BE SET BY REGULATION; TO AMEND SECTION 40-25-160, RELATING TO COMPLAINTS AGAINST LICENSEES AND SUSPENSION AND REVOCATION OF LICENSES, SO AS TO INCREASE THE TIME FOR SERVICE OF A COMPLAINT BEFORE A HEARING FROM TWENTY TO THIRTY DAYS AND PROVIDE FOR REFUNDS; AND TO REAUTHORIZE THE EXISTENCE OF THE COMMISSION FOR HEARING AID DEALERS AND FITTERS FOR SIX YEARS.

Rep. KIRSH moved to table the motion to reconsider.

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

Those who voted in the affirmative are:

Bailey, G.             Bailey, K.             Baker
Bennett                Brown, G.              Brown, H.
Burriss                Cato                   Chamblee
Cooper                 Corbett                Cork
Corning                Elliott, D.            Fair
Gonzales               Harrison               Haskins
Houck                  Huff                   Johnson, J.W.
Keegan                 Kirsh                  Klapman
Koon                   Littlejohn             Martin, M.
Mattos                 Rama                   Ross
Sharpe                 Sheheen                Shirley
Short                  Snow                   Sturkie
Vaughn                 Waldrop                Wilkins

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Barber                 Baxley
Beasley                Beatty                 Carnell
Cromer                 Farr                   Foster
Glover                 Hallman                Harris, J.
Harwell                Hayes                  Holt
Inabinett              Jaskwhich              Jennings
Kempe                  Kinon                  Marchbanks
Martin, L.             McCain                 McCraw
McElveen               McGinnis               McKay
McLeod                 Meacham                Neilson
Phillips               Rhoad                  Rogers
Rudnick                Scott                  Smith
Waites                 Wells                  Whipper
Wilkes                 Wofford                Wright
Young, A.

So, the House refused to table the motion to reconsider.

The question then recurred to the motion to reconsider, which was agreed to by a division vote of 45 to 37.

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

S. 558 -- Finance Committee: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTERS 2 AND 4 SO AS TO REVISE AND CONSOLIDATE PROVISIONS RELATING TO TAXES AND THE SOUTH CAROLINA TAX COMMISSION AND TO DELETE OBSOLETE PROVISIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-54-227, 11-5-260, AND 11-5-270 SO AS TO PROVIDE FOR THE COLLECTION OF TAXES FROM OUT-OF-STATE TAXPAYERS AND TO MOVE PROVISIONS RELATING TO THE DISTRIBUTION OF TAX REVENUES DEDICATED TO AID TO SUBDIVISIONS FROM TITLE 12 TO THE CHAPTER DEALING WITH THE DUTIES OF THE STATE TREASURER; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO CONFIDENTIALITY OF TAX RETURNS, SO AS TO CONSOLIDATE EXISTING CONFIDENTIALITY REQUIREMENTS; AND TO REPEAL CHAPTERS 1 AND 3 OF TITLE 12 AND SECTION 12-7-60 OF THE 1976 CODE RELATING TO THE SOUTH CAROLINA TAX COMMISSION AND TO THE BOND REQUIRED FOR ITS OFFICERS, AGENTS, AND EMPLOYEES.

The following Bill was taken up.

H. 3447 -- Reps. Wilkins, J. Williams, Lanford, Clyborne, Sturkie, Wright, Chamblee, Hayes, Tucker, Farr, Cork, Hendricks, J. Bailey, Wofford, Burch, McKay, Rama, Bruce, Harvin, H. Brown, Baker, Fair, Baxley, Snow, L. Martin, Waldrop, Keyserling, Felder, Keegan and Phillips: A BILL TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REQUIRE THAT A CANDIDATE FOR SHERIFF BE AT LEAST TWENTY-SIX YEARS OF AGE, A RESIDENT OF THE COUNTY FOR TWO YEARS, HAVE FIVE YEARS OF LAW ENFORCEMENT EXPERIENCE, BE FINGERPRINTED AND HAVE A FINGERPRINT SEARCH CONDUCTED, AND FILE WITH THE CLERK OF COURT AN AFFIDAVIT.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3343.AL), which was adopted.

Amend the bill, as and if amended, Section 23-11-110, SECTION 1, by striking subsection (A) and inserting:

/(A)     All sheriffs in this State must have the following qualifications:

(1)     be a citizen of the United States;

(2)     be a resident of the county in which he seeks the office of sheriff for at least one year immediately preceding the date of the election for sheriff;

(3)     be a registered voter;

(4)     have attained the age of at least twenty-one twenty-six years prior to before the date of his qualifying for election to the office;

(5)     have obtained a high school diploma, its recognized equivalent in educational training as established by the State Department of Education, or and have at least five years' experience in the criminal justice field;

(6)     have not been convicted of or pled guilty to any a violation of Section 56-1-460 or 56-5-2930, or both, within the past ten years or any a felony or a crime of moral turpitude in this State or another state; and

(7)     be fingerprinted and have SLED make a search of local, state, and federal fingerprint files for a criminal record. Fingerprints are to be taken under the direction of a law enforcement agency and must be made available to SLED sixty days before the close of qualification for elections to the office. SLED shall file the results with the clerk of court no later than thirty days before the close of qualification./

Amend title to conform.

Rep. WILKINS explained the amendment.

Rep. BEASLEY moved to table the amendment, which was not agreed to by a division vote of 11 to 60.

Reps. WHITE, McLEOD, SHORT and BEATTY objected to the Bill.

The amendment was then adopted.

Rep. J. SCOTT proposed the following Amendment No. 2, which was tabled.

(4) Deleting age 26 back to 21

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

Rep. WILKINS moved to adjourn debate upon the Bill until Tuesday, May 14, which was adopted.

Rep. M.O. ALEXANDER moved to adjourn debate upon the following Bill until Tuesday, May 14, which was adopted.

H. 3631 -- Rep. Hodges: A BILL TO AMEND SECTION 33-6-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION THAT A CORPORATION MAY ACQUIRE ITS OWN SHARES, SO AS TO AUTHORIZE THE CORPORATION TO PROVIDE IN ITS ARTICLES OF INCORPORATION THAT REACQUIRED SHARES MAY BECOME TREASURY SHARES AND AUTHORIZE THE BOARD OF DIRECTORS TO ADOPT ARTICLES OF AMENDMENT PROVIDED THAT REACQUIRED SHARES BECOME TREASURY SHARES WITHOUT SHAREHOLDER ACTION.

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

H. 3712 -- Rep. Huff: A BILL TO AMEND SECTION 34-21-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT FUNDS RECEIVED OR HELD IN A TRUST DEPARTMENT AWAITING INVESTMENT OR DISTRIBUTION MUST BE SECURED TO THE TRUST DEPARTMENT UNDER CERTAIN CONDITIONS, SO AS TO ADD A TRUST COMPANY AS A FIDUCIARY UNDER THIS SECTION AND CLARIFY THAT A TRUST DEPARTMENT OR TRUST COMPANY MAY DEPOSIT FUNDS IN AN AFFILIATE BANK.

Rep. HUFF explained the Bill.

On motion of Rep. HUFF, with unanimous consent, it was ordered that H. 3712 be read the third time tomorrow.

Rep. BOAN moved to adjourn debate upon the following Bill until Tuesday, May 14, which was adopted.

H. 3845 -- Rep. Boan: A BILL TO AMEND SECTIONS 59-107-40, 59-107-50, 59-107-60, 59-107-70, 59-107-100, 59-107-160, 59-107-180, AND 59-107-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE INSTITUTION BONDS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE BONDS ARE AUTHORIZED AND ISSUED; TO AMEND SECTION 11-27-30, RELATING TO THE EFFECT OF THE CONSTITUTION OF THIS STATE ON ALL STATE BONDS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CERTAIN STATE BONDS AND NOTES MUST BE ISSUED AND DELIVERED, AND TO REPEAL SECTIONS 57-11-350, RELATING TO THE EXECUTION OF STATE HIGHWAY BONDS, 59-71-500, RELATING TO THE EXECUTION OF STATE SCHOOL BONDS, AND 59-107-130, RELATING TO THE EXECUTION OF STATE INSTITUTION BONDS.

Rep. FARR moved to adjourn debate upon the following Bill until Tuesday, May 14, which was adopted.

H. 3753 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO SHALL NOT BE LICENSED, SO AS TO ADD PERSONS WHOSE DRIVING PRIVILEGE IS SUBJECT TO BE SUSPENDED.

Rep. NEILSON moved to adjourn debate upon the following Bill until Tuesday, May 14, which was adopted.

H. 3381 -- Reps. Gregory, Nettles, Short, Boan, Wilkins, Kirsh and J. Brown: A BILL TO AMEND SECTION 40-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE FITTING AND SELLING OF HEARING AIDS ACT, SO AS TO REVISE THE DEFINITION FOR AUDIOLOGIST; TO AMEND SECTION 40-25-30, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR REFUNDS AND ESTABLISHMENT OF LICENSING FEES; TO AMEND SECTION 40-25-40, RELATING TO THE COMMISSION OF HEARING AID DEALERS AND FITTERS, SO AS TO PROVIDE FOR MILEAGE AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 40-25-60, RELATING TO LICENSES, SO AS TO DELETE THE FILING REQUIREMENTS FOR CORPORATIONS, PARTNERSHIPS, TRUSTS, AND ASSOCIATIONS; TO AMEND SECTION 40-25-70, RELATING TO DUTIES OF LICENSEES, SO AS TO DELETE THE PROVISIONS PERTAINING TO THE EXAMINATION OF CHILDREN TWELVE YEARS OF AGE, REQUIRE MEDICAL EVALUATIONS, AND PROVIDE FOR WAIVERS; TO AMEND SECTION 40-25-100, RELATING TO THE ISSUANCE OF LICENSES AND, FOR PERSONS LICENSED IN ANOTHER STATE, OF CERTIFICATES OF ENDORSEMENT, SO AS TO PROVIDE FOR FEES TO BE SET BY REGULATION AND DELETE THE REQUIREMENTS FOR CHARACTER AND HEALTH; TO AMEND SECTION 40-25-110, RELATING TO QUALIFICATIONS OF APPLICANTS FOR EXAMINATIONS, SO AS TO DELETE OBSOLETE LANGUAGE, CHANGE THE AGE REQUIREMENT FROM TWENTY-ONE TO EIGHTEEN YEARS, DELETE THE HEALTH REQUIREMENT, PROVIDE FOR LICENSING OF AUDIOLOGISTS, AND PROVIDE FOR APPEALS; TO AMEND SECTION 40-25-120, RELATING TO TEMPORARY PERMITS, SO AS TO DELETE THE CHARACTER AND HEALTH REQUIREMENTS AND PROVIDE FOR FEES TO BE SET BY REGULATION; TO AMEND SECTION 40-25-150, RELATING TO RENEWAL AND DISPLAY OF LICENSES AND CONTINUING EDUCATION, SO AS TO PROVIDE FOR FEES TO BE SET BY REGULATION; TO AMEND SECTION 40-25-160, RELATING TO COMPLAINTS AGAINST LICENSEES AND SUSPENSION AND REVOCATION OF LICENSES, SO AS TO INCREASE THE TIME FOR SERVICE OF A COMPLAINT BEFORE A HEARING FROM TWENTY TO THIRTY DAYS AND PROVIDE FOR REFUNDS; AND TO REAUTHORIZE THE EXISTENCE OF THE COMMISSION FOR HEARING AID DEALERS AND FITTERS FOR SIX YEARS.

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

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

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

H. 3992 -- Reps. D. Elliott, Corbett, Keegan and M. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-1-190 SO AS TO PROVIDE AN ADDITIONAL FEE FOR AN OFFENSE INVOLVING ALCOHOL OR DRUGS AND FOR ITS USE.

Referred to Committee on Judiciary.

The following Bill was taken up.

H. 3767 -- Reps. Foster, Kirsh, Hayes and Meacham: A BILL TO AMEND JOINT RESOLUTION 385 OF 1990, RELATING TO DESIGNATION OF A PORTION OF THE LITTLE PEE DEE RIVER AS A SCENIC RIVER, SO AS TO DESIGNATE SECTION 1 OF THAT ACT AS SECTION 49-29-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO DESIGNATE A PORTION OF THE BROAD RIVER AS A SCENIC RIVER.

Reps. STURKIE, MANLY, CORK, WILKES, KEMPE and ROGERS proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\Br1\1620.AC), 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 49-29-230.     The following are designated as scenic rivers:

(1)     that portion of the Little Pee Dee River located between the Highway 378 bridge crossing of the Little Pee Dee River and the confluence of the river with the Great Pee Dee River;

(2)     that portion of the Broad River located between the 99 Islands Dam and the confluence with the Pacolet River;

(3)     that portion of the Saluda River located between the old railroad abutments located three thousand feet below the Saluda Hydroelectric Plant and the confluence with the Broad River."

SECTION     2.     Section 1 of Joint Resolution 385 of 1990 is repealed.

SECTION     3.     This act takes effect upon approval by the Governor./     Renumber sections to conform.

Amend title to conform.

Rep. STURKIE explained the amendment.

The amendment was then adopted.

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

The following Bill was taken up.

H. 3364 -- Reps. Kirsh, Huff, Klapman, Beasley, L. Martin, Foster, Rama, Wilkins and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 118 TO TITLE 59, SO AS TO ENACT THE SOUTH CAROLINA PREPAID POSTSECONDARY EDUCATION EXPENSE PROGRAM; TO ESTABLISH THE SOUTH CAROLINA PREPAID POSTSECONDARY EDUCATION EXPENSE BOARD TO IMPLEMENT THE PROGRAM; AND TO REQUIRE THE BOARD TO OBTAIN RULINGS FROM THE INTERNAL REVENUE SERVICE AND THE SECURITIES AND EXCHANGE COMMISSION WITH RESPECT TO THE PROGRAM AND TO REQUIRE THE INFORMATION TO BE PROVIDED TO PARTICIPANTS.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\jic\5646.HC), which was adopted.

Amend the bill, as and if amended, by striking Section 59-118-20, as contained in SECTION 1, beginning on page 1, and inserting:

/Section 59-118-20.     As used in this chapter:

(1)     'Advance payment contract' means a contract entered into by the board and a purchaser pursuant to this chapter.

(2)     'Board' means the South Carolina Prepaid Postsecondary Education Expense Board.

(3) 'Fund' means the Prepaid Postsecondary Education Expense Trust Fund.

(4) 'Program' means the South Carolina Prepaid Postsecondary Education Expense Program.

(5) 'Purchaser' means a person who makes or is obligated to make advance registration or dormitory residence payments in accordance with an advance payment contract.

(6) 'Qualified beneficiary' means:

(a)     A resident of this State at the time a purchaser enters into an advance payment contract on behalf of the resident; or

(b)     A nonresident who is the child of a noncustodial parent who is a resident of this State at the time that the parent enters into an advance payment contract on behalf of the child.

(7) 'State postsecondary institution' means a public institution of higher learning as defined in Section 59-103-5.

(8) 'Registration fee' means the semester charges imposed to attend a state postsecondary institution and all mandatory fees required as a condition for enrolling as determined by the board.

(9)     'Two-year college' means a two-year state postsecondary institution offering an associate degree.

(10)     'University' means a four-year state postsecondary institution which offers a baccalaureate degree./

Amend further, beginning on page 10, by striking Section 59-118-40(E) and inserting:

/(E)     (1)     No refund provided pursuant to Subsection (A)(7) may exceed the amount paid into the fund by the purchaser. If an advance payment contract is converted from a university to a two-year college registration plan, the refund amount must be reduced by the amount transferred to a two-year college on behalf of the qualified beneficiary. However, refunds may exceed the amount paid into the fund in the following circumstances:

(a)     If the beneficiary is awarded a scholarship, the terms of which cover the benefits included in the advance payment contracts, monies paid for the purchase of the advance payment contracts must be returned to the purchaser in semester installments coinciding with the matriculation by the beneficiary in amount of the original purchase price plus five percent compounded interest.

(b)     In the event of the death or total disability of the beneficiary, monies paid for the purchase of advance payment contracts must be returned to the purchaser together with five percent compounded interest.

(c)     (i)     If an advance payment contract is converted from a university plan to a two-year college plan or a two-year college plus university plan, or is converted from a two-year college plus university plan to a two-year college plan, the amount refunded must be the value of the original advance payment contract minus the value of the contract after the conversion.

(ii)     No refund is authorized through an advance payment contract for any school year partially attended but not completed. For purposes of this chapter, a school year partially attended but not completed means any one semester in which the student is still enrolled at the conclusion of the official drop-add period, but withdraws before the end of the semester. If a beneficiary does not complete a two-year college plan or university plan for reasons other than specified in this section, the purchaser shall receive a refund of the amount paid into the fund for the remaining unattended years of the advance payment contract pursuant to rules prescribed by the board./

Amend further, beginning on page 11, by striking Section 59-118-50 and inserting:

/Section 59-118-50.     At a minimum, the board shall make advance payment contracts available for three independent plans to be known as the two-year college plan, the university plan, and the dormitory residence plan, respectively.

(1)     Through the two-year college plan, the advance payment contract must provide prepaid registration fees for a specified number of undergraduate semester credit hours not to exceed the average number of hours required for the conference of an associate degree. The cost of participation in the two-year college plan must be based primarily on the average current and projected registration fees within the Technical Education System and the number of years expected to elapse between the purchase of the plan on behalf of a qualified beneficiary and the exercise of the benefits provided in the plan by the beneficiary. Qualified beneficiaries shall bear the cost of any laboratory fees associated with enrollment in specific courses. Each qualified beneficiary must be classified as a resident for tuition purposes regardless of his actual legal residence.

(2)     Through the university plan, the advance payment contract must provide prepaid registration fees for a specified number of undergraduate semester credit hours not to exceed the average number of hours required for the conference of a baccalaureate degree. The cost of participation in the university plan must be based primarily on the current and projected registration fees of state four-year postsecondary institutions and the number of years expected to elapse between the purchase of the plan on behalf of a qualified beneficiary and the exercise of the benefits provided in the plan by the beneficiary. Qualified beneficiaries must bear the cost of any laboratory fees associated with enrollment in specific courses. If a qualified beneficiary fails to be admitted to a state four-year postsecondary institution or chooses to attend a two-year college, the qualified beneficiary may convert the average number of semester credit hours required for the conference of an associate degree from a university plan to a two-year college plan and may retain the remaining semester credit hours in the university plan or may request a refund for prepaid credit hours in excess of the average number of semester or quarter credit hours required for the conference of an associate degree pursuant to Section 59-118-40(A)(7). Each qualified beneficiary must be classified as a resident for tuition purposes regardless of his actual legal residence.

(3)     Through the dormitory residence plan, the advance payment contract must provide prepaid housing fees for a maximum of ten semesters of full-time undergraduate enrollment in a state four-year postsecondary institution. Dormitory residence plans are optional and may be purchased only in conjunction with a university plan. Dormitory residence plans must be purchased in increments of two semesters. The cost of participation in the dormitory residence plan must be based primarily on the average current and projected housing fees for state four-year postsecondary institutions and the number of years expected to elapse between the purchase of the plan on behalf of a qualified beneficiary and the exercise of the benefits provided in the plan by the beneficiary. Qualified beneficiaries must bear the cost of any additional elective charges such as laundry service or long distance telephone service. Each four-year postsecondary institution may specify the residence halls eligible for inclusion in the plan. In addition, any such institution may request immediate termination of a dormitory residence contract based on a violation or multiple violations of rules of the residence hall. Qualified beneficiaries must have the highest priority in the assignment of housing within residence halls. If sufficient housing is not available for all qualified beneficiaries, the board shall refund the purchaser or qualified beneficiary an amount equal to the fees charged for dormitory residence during that semester.

(4)     A qualified beneficiary may apply a two-year college plan, university plan, or dormitory residence plan toward any eligible independent college or university in this State as defined in Section 59-113-50. In order to be eligible for participation in the dormitory residence plan, an eligible independent college or university must provide written certification to the board that it complies with the provisions of item (3) of this section. The board shall transfer or cause to have transferred to the eligible independent college or university designated by the qualified beneficiary an amount not to exceed the redemption value of the plan within a state postsecondary institution. If the cost of registration or housing fees at the independent college or university is less than the corresponding fees at a state postsecondary institution, the amount transferred may not exceed the actual cost of registration or housing fees. No transfer authorized pursuant to this item may exceed the number of semester credit hours or semesters of dormitory residence contracted on behalf of a qualified beneficiary./

Amend further, beginning on page 16, by striking Sections 59-118-70 through 59-118-110 and inserting:

/Section 59-118-70.     The assets of the fund must be maintained, invested, and expended solely for the purposes of this chapter and may not be loaned, transferred, or otherwise used by the State for any purpose other than the purposes of this chapter. This section may not be construed to prohibit the board from investing in, by purchase or otherwise, bonds, notes, or other obligations of the State or an agency or instrumentality of the State. Unless otherwise specified by the board, assets of the fund must be expended in the following order of priority:

(1)     to make payments to state postsecondary institutions on behalf of qualified beneficiaries;

(2)     to make refunds upon termination of advance payment contracts;

(3)     to pay the costs of program administration and operations.

Section 59-118-80.     Monies paid into or out of the fund by or on behalf of a purchaser or qualified beneficiary of an advance payment contract made under this chapter, which contract has not been terminated, are exempt from all claims of creditors of the purchaser or the beneficiary.

Section 59-118-90.     The State or a county, municipality, or other political subdivision may by contract agree with any employee to remit payments toward advance payment contracts through payroll deductions made by the appropriate officer or officers of the State, county, municipality, or political subdivision. The payments must be held and administered in accordance with this chapter.

Section 59-118-100.     Nothing in this chapter may be construed as a promise or guarantee that a qualified beneficiary will be admitted to a state postsecondary institution or to a particular state postsecondary institution, or will be allowed to continue enrollment at a state postsecondary institution after admission, or will be graduated from a state postsecondary institution.

Section 59-118-110.     If the State determines the program to be financially infeasible, the State may discontinue the program. Any qualified beneficiary who has been accepted by and is enrolled or is within five years of enrollment in an eligible independent college or university or state postsecondary institution is entitled to exercise the complete benefits for which he has contracted. All other contract holders shall receive a refund, pursuant to Section 58-118-40(A)(7), of the amount paid in and an additional amount in the nature of interest at a rate that corresponds, at a minimum, to the prevailing interest rates for savings accounts provided by banks and savings and loan associations./

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Rep. P. HARRIS proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\436\11692.HC), which was tabled.

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

/SECTION     1.     Title 59 of the 1976 Code is amended by adding:

Section 59-118-10.     This chapter may be cited as the South Carolina Prepaid Postsecondary Education Expense Program.

Section 59-118-20.     As used in this chapter:

(1)     'Advance payment contract' means a contract entered into by the commission and a purchaser pursuant to this chapter.

(2)     'Commission' means the Commission on Higher Education.

(3)     'Fund' means the Prepaid Postsecondary Education Expense Trust Fund.

(4)     'Program' means the South Carolina Prepaid Postsecondary Education Expense Program.

(5)     'Purchaser' means a person who makes or is obligated to make advance registration or dormitory residence payments in accordance with an advance payment contract.

(6)     'Qualified beneficiary' means:

(a)     A resident of this State at the time a purchaser enters into an advance payment contract on behalf of the resident; or

(b)     A nonresident who is the child of a noncustodial parent who is a resident of this State at the time that the parent enters into an advance payment contract on behalf of the child.

(7)     'State postsecondary institution' means a public institution of higher learning as defined in Section 59-103-5.

(8)     'Registration fee' means the semester charges imposed to attend a state postsecondary institution and all mandatory fees required as a condition for enrolling as determined by the commission.

(9)     'Two-year college' means a two-year state postsecondary institution offering an associate degree.
(10)     'University' means a four-year state postsecondary institution which offers a baccalaureate degree.

Section 59-118-25.     The commission has the powers necessary to carry out the provisions of this chapter, including, but not limited to, the power to:

(1)     adopt an official seal and rules;

(2)     sue and be sued;

(3)     make and execute contracts and other necessary instruments;

(4)     establish agreements or other transactions with federal, state, and local agencies, including state postsecondary institutions;

(5)     invest funds not required for immediate disbursement;

(6)     appear in its own behalf before boards, commissions, or other governmental agencies;

(7)     hold, buy, and sell any instruments, obligations, securities, and property determined appropriate by the commission;

(8)     require a reasonable length of state residence for qualified beneficiaries;

(9)     restrict the number of participants in the various plans. However, any person denied participation solely on the basis of the restriction must be granted priority for participation during the succeeding year.

(10)     segregate contributions and payments to the fund into various accounts and funds;

(11)     contract for necessary goods and services, employ necessary personnel, and engage the services of private consultants, actuaries, managers, legal counsel, and auditors for administrative or technical assistance;

(12)     solicit and accept gifts, grants, loans, and other aids from any source or participate in any other way in any government program to carry out the purposes of this chapter;

(13)     require and collect administrative fees and charges in connection with any transaction and impose reasonable penalties, including default, for delinquent payments or for entering into an advance payment contract on a fraudulent basis;

(14)     procure insurance against any loss in connection with the property, assets, and activities of the fund or the commission;

(15)     impose reasonable time limits on use of the tuition benefits provided by the program. However, any such limitation must be specified within the advance payment contract;

(16)     delineate the terms and conditions under which payments may be withdrawn from the fund and impose reasonable fees and charges for the withdrawal. The terms and conditions must be specified within the advance payment contract.

(17)     provide for the receipt of contributions in lump sums or installment payments;

(18)     establish other policies, procedures, and criteria to implement and administer the provisions of this chapter.

Section 59-118-30.     (A)     There is created the South Carolina Prepaid Postsecondary Education Expense Program to provide a medium through which the cost of registration and dormitory residence may be paid in advance of enrollment in a state postsecondary institution at a rate lower than the projected corresponding cost at the time of actual enrollment. These payments must be combined and invested in a manner that yields, at a minimum, sufficient interest to generate the difference between the prepaid amount and the cost of registration and dormitory residence at the time of actual enrollment. Students who enroll in a state postsecondary institution pursuant to this chapter may be charged no fees in excess of the terms delineated in the advance payment contract.

(B)     The commission shall administer the fund in a manner that is sufficiently actuarially sound to defray the obligations of the program. The commission shall annually evaluate or cause to be evaluated the actuarial soundness of the fund. If the commission perceives a need for additional assets in order to preserve actuarial soundness, the commission may adjust the terms of subsequent advance payment contracts to ensure such soundness.

(C)     The commission, acting with the approval of the State Budget and Control Board, shall establish a comprehensive investment plan for the purposes of this chapter. The comprehensive investment plan shall specify the investment policies to be utilized by the commission in its administration of the fund. The commission may place assets of the fund in savings accounts or use assets to purchase fixed or variable life insurance or annuity contracts, securities, evidence of indebtedness, or other investment products pursuant to the comprehensive investment plan and in the proportions as may be designated or approved under that plan. The insurance, annuity, savings, or investment products must be underwritten and offered in compliance with the applicable federal and state laws, regulations, and rules by persons who are authorized by applicable federal and state authorities. Within the comprehensive investment plan, the commission may authorize investment vehicles, or products incident to investment vehicles, as may be available or offered by qualified companies or persons.

(D)     The commission may delegate responsibility for administration of the comprehensive investment plan required in subsection (C) of this section to a person the commission determines to be qualified. This person must be compensated by the commission. Directly or through this person, the commission may contract with a private corporation or institution to provide those services as may be a part of the comprehensive investment plan or as considered necessary by the commission or the person, including, but not limited to, providing consolidated billing, individual and collective recordkeeping and accountings, and asset purchase, control, and safekeeping.

(E)     The commission shall annually prepare or cause to be prepared a report setting forth in appropriate detail an accounting of the fund and a description of the financial condition of the program at the close of each fiscal year. The report must be submitted to the President of the Senate, the Speaker of the House of Representatives, the State Budget and Control Board, and members of the Commission on Higher Education before March first of each year. In addition, the commission shall make the report available to purchasers of advance payment contracts. The accounts of the fund are subject to annual audits by the State Auditor or his designee.

(F)     The commission shall solicit answers to applicable ruling requests from the Internal Revenue Service regarding the tax status of fees paid pursuant to an advance payment contract to the purchaser or qualified beneficiary and from the Securities and Exchange Commission regarding the application of federal securities laws to the fund. The commission shall make the status of these requests known before entering into an advance payment contract.

(G)     The commission shall solicit proposals for the marketing of the South Carolina Prepaid Postsecondary Education Expense Program pursuant to the South Carolina Consolidated Procurement Code. The entity designated pursuant to this subsection shall serve as a centralized marketing agent for the program and is solely responsible for the marketing of the program. Any materials produced for the purpose of marketing the program must be submitted to the commission for review. No materials may be made available to the public before the materials are approved by the commission. Any educational institution may distribute marketing materials produced for the program; however, all the materials must have been approved by the commission before distribution. Neither the State nor the commission shall be liable for misrepresentation of the program by a marketing agent.

(H)     The commission may establish a direct-support organization which is:

(1)     A South Carolina corporation, not for profit, organized under the applicable laws of this State.

(2)     Organized and operated exclusively to receive, hold, invest, and administer property and to make expenditures to or for the benefit of the program.

(3)     An organization which the commission, after review, has certified to be operating in a manner consistent with the goals of the program and in the best interests of the State. Unless so certified, the organization may not use the name of the program.

(4)     Subject to an annual postaudit by an independent certified public accountant in accordance with rules prescribed by the commission. The annual audit must be submitted to the Department of Insurance and the State Auditor for review. The Department of Insurance and the State Auditor may require and receive from the organization or its independent auditor any detail or supplemental data relative to the operation of the organization. The identity of donors who desire to remain anonymous must be protected, and this anonymity must be maintained in the auditor's report. All records of the organization other than the auditor's report and the supplemental data requested by the Department of Insurance or the State Auditor are not considered public records for the purpose of the Freedom of Information Act.
The Commissioner of the Commission on Higher Education must be directors of the direct-support organization and shall jointly name three other individuals to serve as directors of the organization.

(I)     The commission may endorse insurance coverage written exclusively for the purpose of protecting advance payment contracts, and the purchasers or beneficiaries of the contracts, which may be issued in the form of a group life policy.

Section 59-118-40.     (A)     The commission shall construct advance payment contracts for registration and advance payment contracts for dormitory residence in accordance with the provisions of this chapter. Advance payment contracts constructed for the purposes of this section are exempt from the provisions of the South Carolina insurance laws. The commission may request assistance from the Attorney General in the development of the advance payment contracts. The contents of both contracts must include, but not be limited to, the following:

(1)     the amount of the payment or payments and the number of payments required from a purchaser on behalf of a qualified beneficiary;

(2)     the terms and conditions under which purchasers shall remit payments, including, but not limited to, the date or dates upon which each payment is due;

(3)     provisions for late payment charges and for default;

(4)     provisions for penalty fees for withdrawals from the fund;

(5)     the name and date of birth of the qualified beneficiary on whose behalf the contract is drawn and the terms and conditions under which another person may be substituted as the qualified beneficiary;

(6)     the name of a person who may terminate the contract. The terms of the contract must specify whether the contract may be terminated by the purchaser, the qualified beneficiary, a specific designated person, or any combination of these persons;

(7)     the terms and conditions under which a contract may be terminated, the name of the person entitled to a refund due as a result of termination of the contract pursuant to the terms and conditions, and the amount of refund, if any, due to the person so named;

(8)     the time limitations, if any, within which the qualified beneficiary must claim his benefits through the program;

(9)     other terms and conditions considered by the commission to be appropriate.

(B)     In addition to the provisions of Subsection (A), an advance payment contract for registration must include, but not be limited to, the following:

(1)     the number of credit hours contracted by the purchaser;

(2)     the state postsecondary system toward which the contracted credit hours will be applied;

(3)     the assumption of a contractual obligation by the commission to the qualified beneficiary to provide for a specified number of credit hours of undergraduate instruction at a state postsecondary institution, not to exceed the average number of credit hours required for the conference of the degree that corresponds to the plan purchased on behalf of the qualified beneficiary.

(C)     In addition to the provisions of subsection (A), an advance payment contract for dormitory residence must include, but not be limited to, the following:

(1)     the number of semesters of dormitory residence contracted by the purchaser;

(2)     the assumption of a contractual obligation by the commission to the qualified beneficiary to provide for a specified number of semesters of dormitory residence at a state university, not to exceed the maximum number of semesters of full-time enrollment required for the conference of a baccalaureate degree.

(D)     An advance payment contract may provide that contracts which have not been terminated or the benefits exercised within a specified period of time are considered terminated. Time expended by a qualified beneficiary as an active duty member of any of the armed services of the United States must be added to the time specified pursuant to this subsection. No purchaser or qualified beneficiary whose advance payment contract is terminated pursuant to this subsection is entitled to a refund. The commission shall retain any monies paid by the purchaser for an advance payment contract that has been terminated in accordance with this subsection. Monies retained by the commission must be used by the commission to further the purposes of this chapter.

(E)     (1)     No refund provided pursuant to Subsection (A)(7) may exceed the amount paid into the fund by the purchaser. If an advance payment contract is converted from a university to a two-year college registration plan, the refund amount must be reduced by the amount transferred to a two-year college on behalf of the qualified beneficiary. However, refunds may exceed the amount paid into the fund in the following circumstances:

(a)     If the beneficiary is awarded a scholarship, the terms of which cover the benefits included in the advance payment contracts, monies paid for the purchase of the advance payment contracts must be returned to the purchaser in semester installments coinciding with the matriculation by the beneficiary in amount of the original purchase price plus five percent compounded interest.

(b)     In the event of the death or total disability of the beneficiary, monies paid for the purchase of advance payment contracts must be returned to the purchaser together with five percent compounded interest.

(c)     (i)     If an advance payment contract is converted from a university plan to a two-year college plan or a two-year college plus university plan, or is converted from a two-year college plus university plan to a two-year college plan, the amount refunded must be the value of the original advance payment contract minus the value of the contract after the conversion.

(ii)     No refund is authorized through an advance payment contract for any school year partially attended but not completed. For purposes of this chapter, a school year partially attended but not completed shall mean any one semester in which the student is still enrolled at the conclusion of the official drop-add period, but withdraws before the end of the semester. If a beneficiary does not complete a two-year college plan or university plan for reasons other than specified in this section, the purchaser shall receive a refund of the amount paid into the fund for the remaining unattended years of the advance payment contract pursuant to rules prescribed by the commission.

Section 59-118-50.     At a minimum, the commission shall make advance payment contracts available for three independent plans to be known as the two-year college plan, the university plan, and the dormitory residence plan, respectively.

(1)     Through the two-year college plan, the advance payment contract must provide prepaid registration fees for a specified number of undergraduate semester credit hours not to exceed the average number of hours required for the conference of an associate degree. The cost of participation in the two-year college plan must be based primarily on the average current and projected registration fees within the Technical Education System and the number of years expected to elapse between the purchase of the plan on behalf of a qualified beneficiary and the exercise of the benefits provided in the plan by the beneficiary. Qualified beneficiaries shall bear the cost of any laboratory fees associated with enrollment in specific courses. Each qualified beneficiary must be classified as a resident for tuition purposes regardless of his actual legal residence.

(2)     Through the university plan, the advance payment contract must provide prepaid registration fees for a specified number of undergraduate semester credit hours not to exceed the average number of hours required for the conference of a baccalaureate degree. The cost of participation in the university plan must be based primarily on the current and projected registration fees of state four-year postsecondary institutions and the number of years expected to elapse between the purchase of the plan on behalf of a qualified beneficiary and the exercise of the benefits provided in the plan by the beneficiary. Qualified beneficiaries must bear the cost of any laboratory fees associated with enrollment in specific courses. If a qualified beneficiary fails to be admitted to a state four-year postsecondary institution or chooses to attend a two-year college, the qualified beneficiary may convert the average number of semester credit hours required for the conference of an associate degree from a university plan to a two-year college plan and may retain the remaining semester credit hours in the university plan or may request a refund for prepaid credit hours in excess of the average number of semester or quarter credit hours required for the conference of an associate degree pursuant to Section 59-118-40(A)(7). Each qualified beneficiary must be classified as a resident for tuition purposes regardless of his actual legal residence.

(3)     Through the dormitory residence plan, the advance payment contract must provide prepaid housing fees for a maximum of ten semesters of full-time undergraduate enrollment in a state four-year postsecondary institution. Dormitory residence plans are optional and may be purchased only in conjunction with a university plan. Dormitory residence plans must be purchased in increments of two semesters. The cost of participation in the dormitory residence plan must be based primarily on the average current and projected housing fees for state four-year postsecondary institutions and the number of years expected to elapse between the purchase of the plan on behalf of a qualified beneficiary and the exercise of the benefits provided in the plan by the beneficiary. Qualified beneficiaries must bear the cost of any additional elective charges such as laundry service or long distance telephone service. Each four-year postsecondary institution may specify the residence halls eligible for inclusion in the plan. In addition, any such institution may request immediate termination of a dormitory residence contract based on a violation or multiple violations of rules of the residence hall. Qualified beneficiaries must have the highest priority in the assignment of housing within residence halls. If sufficient housing is not available for all qualified beneficiaries, the commission shall refund the purchaser or qualified beneficiary an amount equal to the fees charged for dormitory residence during that semester.

(4)     A qualified beneficiary may apply a two-year college plan, university plan, or dormitory residence plan toward any eligible independent college or university in this State as defined in Section 59-113-50. In order to be eligible for participation in the dormitory residence plan, an eligible independent college or university must provide written certification to the commission that it complies with the provisions of item (3) of this section. The commission shall transfer or cause to have transferred to the eligible independent college or university designated by the qualified beneficiary an amount not to exceed the redemption value of the plan within a state postsecondary institution. If the cost of registration or housing fees at the independent college or university is less than the corresponding fees at a state postsecondary institution, the amount transferred may not exceed the actual cost of registration or housing fees. No transfer authorized pursuant to this item may exceed the number of semester credit hours or semesters of dormitory residence contracted on behalf of a qualified beneficiary.

Section 59-118-60.     The commission shall solicit proposals for the operation of the South Carolina Postsecondary Education Expense Program pursuant to the South Carolina Consolidated Procurement Code, through which the commission shall contract for the services of a records administrator, a trustee services firm, and one or more product providers.

(1)     The records administrator must be the entity designated by the commission to conduct the daily operations of the program on behalf of the commission. The goals of the commission in selecting a records administrator must be to provide all purchasers with the most secure, well-diversified, and beneficially administered postsecondary education expense plan possible, to allow all qualified firms invested in providing the services equal consideration and to provide the services to the State at no cost and to the purchasers at the lowest cost possible. Evaluations of proposals submitted pursuant to this paragraph must include, but not be limited to, the following criteria:

(a)     fees and other costs charged to purchasers that affect account values or operational costs related to the program;

(b)     past experience in records administration and current ability to provide timely and accurate service in the areas of records administration, audit, and reconciliation, plan communication, participant service, and complaint resolution;

(c)     sufficient staff and computer capability for the scope and level of service expected by the commission;

(d)     financial history and current financial strength and capital adequacy to provide administrative services required by the commission.

(2)     The trustee services firm must be the entity designated by the commission to select and supervise investment programs on behalf of the commission. The goals of the commission in selecting a trustee services firm must be to obtain the highest standards of professional trustee services, to allow all qualified firms interested in providing these services equal consideration, and to provide the services to the State at no cost and to the purchasers at the lowest cost possible. The trustee services firm shall agree to meet the obligations of the commission to qualified beneficiaries if monies in the fund fail to offset the obligations of the commission as a result of imprudent selection or supervision of investment programs by the firm. Evaluation of proposals submitted pursuant to this item must include, but not be limited to, the following criteria:

(a)     adequacy of trustee services for supervision and management of the program, including current operations and staff organization and commitment of management to the proposal;

(b)     capability to execute program responsibilities within time and regulatory constraints;

(c)     past experience in trustee services and current ability to maintain regular and continuous interactions with the commission, records administrator, and product provider;

(d)     the minimum purchaser participation assumed within the proposal and any additional requirements of purchasers;

(e)     adequacy of technical assistance and services proposed for staff;

(f)     adequacy of a management system for evaluation and improving overall trustee services to the program;

(g)     adequacy of facilities, equipment, and electronic data processing services;

(h)     detailed projections of administrative costs, including the amount and type of insurance coverage, and detailed projections of total costs.

(3)     (a)     The product providers must be the entities designated by the commission to develop investment portfolios on behalf of the commission to achieve the purposes of this chapter. Product providers are limited to authorized insurers, banks, savings and loan associations, authorized Securities and Exchange Commission investment advisors, and investment companies as defined in the Investment Company Act of 1940. All product providers must have their principal place of business and corporate charter located and registered in the United States. In addition, each product provider must agree to meet the obligations of the commission to qualified beneficiaries if monies in the fund fail to offset the obligations of the commission as a result of imprudent investing by the provider. Each authorized insurer shall evidence superior performance overall on an acceptable level of surety in meeting its obligations to its policyholders and other contractual obligations. Only qualified public depositories approved by the Chief Insurance Commissioner and State Treasurer are eligible for commission consideration. Each investment company shall provide investment plans as specified within the request for proposals.

(b)     The goals of the commission in selecting a product provider company must be to provide all purchasers with the most secure, well-diversified, and beneficially administered postsecondary education expense plan possible, to allow all qualified firms interested in providing the services equal consideration, and to provide the services to the State at no cost and to the purchasers at the lowest cost possible. Evaluations of proposals submitted pursuant to this section must include, but not be limited to, the following criteria:

(i)     fees and other costs charged to purchasers that affect account values or operational costs related to the program;

(ii)     past and current investment performance, including investment and interest rate history, guaranteed minimum rates of interest, consistence of investment performance, and any terms and conditions under which monies are held;

(iii)     past experience and ability to provide timely and accurate service in the areas of records administration, benefit payments, investment management, and complaint resolution;

(iv)     financial history and current financial strength and capital adequacy to provide products, including operating procedures and other methods of protecting program assets.

Section 59-118-70.     The assets of the fund must be maintained, invested, and expended solely for the purposes of this chapter and may not be loaned, transferred, or otherwise used by the State for any purpose other than the purposes of this chapter. This section may not be construed to prohibit the commission from investing in, by purchase or otherwise, bonds, notes, or other obligations of the State or an agency or instrumentality of the State. Unless otherwise specified by the commission, assets of the fund must be expended in the following order of priority:

(1)     to make payments to state postsecondary institutions on behalf of qualified beneficiaries;

(2)     to make refunds upon termination of advance payment contracts;

(3)     to pay the costs of program administration and operations.

Section 59-118-80.     Monies paid into or out of the fund by or on behalf of a purchaser or qualified beneficiary of an advance payment contract made under this chapter, which contract has not been terminated, are exempt from all claims of creditors of the purchaser or the beneficiary.

Section 59-118-90.     The State or a county, municipality, or other political subdivision may by contract agree with any employee to remit payments toward advance payment contracts through payroll deductions made by the appropriate officer or officers of the State, county, municipality, or political subdivision. The payments must be held and administered in accordance with this chapter.

Section 59-118-100.     Nothing in this chapter may be construed as a promise or guarantee that a qualified beneficiary will be admitted to a state postsecondary institution or to a particular state postsecondary institution, will be allowed to continue enrollment at a state postsecondary institution after admission, or will be graduated from a state postsecondary institution.

Section 59-118-110.     If the State determines the program to be financially infeasible, the state may discontinue the program. Any qualified beneficiary who has been accepted by and is enrolled or is within five years of enrollment in an eligible independent college or university or state postsecondary institution is entitled to exercise the complete benefits for which he has contracted. All other contract holders shall receive a refund, pursuant to Section 58-118-40(A)(7), of the amount paid in and an additional amount in the nature of interest at a rate that corresponds, at a minimum, to the prevailing interest rates for savings accounts provided by banks and savings and loan associations."     SECTION 2.     This act takes effect July 1, 1991./

Amend title to conform.

Rep. P. HARRIS explained the amendment.

Rep. KIRSH spoke against the amendment and moved to table the amendment.

Rep. HOLT demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 31 to 22.

Rep. P. HARRIS spoke upon the Bill.

Rep. WRIGHT moved to commit the Bill to the Committee on Education and Public Works.

Rep. RAMA moved to table the motion.

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

Those who voted in the affirmative are:

Alexander, T.C.        Bailey, J.             Bailey, K.
Barber                 Baxley                 Beatty
Boan                   Brown, H.              Bruce
Clyborne               Cole                   Cork
Cromer                 Elliott, D.            Felder
Foster                 Glover                 Gonzales
Harwell                Hayes                  Huff
Jennings               Keesley                Kempe
Kirsh                  Klapman                Koon
Martin, L.             Martin, M.             Mattos
McCraw                 McElveen               McGinnis
McLeod                 Meacham                Rama
Rhoad                  Ross                   Rudnick
Scott                  Sharpe                 Sheheen
Short                  Smith                  Sturkie
Waldrop                Wells                  White
Young, A.              Young, R.

Those who voted in the negative are:

Alexander, M.O.        Altman                 Baker
Beasley                Bennett                Brown, J.
Carnell                Cato                   Chamblee
Cooper                 Corbett                Corning
Fair                   Farr                   Hallman
Harris, J.             Harris, P.             Harrison
Harvin                 Haskins                Holt
Houck                  Inabinett              Jaskwhich
Johnson, J.C.          Keegan                 Lanford
Littlejohn             Marchbanks             McAbee
McCain                 McKay                  Neilson
Phillips               Shirley                Snow
Stoddard               Vaughn                 Waites
Wilkes                 Wofford                Wright

So, the motion to commit the Bill was tabled.

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

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

The following Bill was taken up.

S. 190 -- Senator Rose: A BILL DIRECTING THE OPERATIONS AND MANAGEMENT COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE SENATE TO ESTABLISH A PROGRAM TO ORIENT NEWLY ELECTED MEMBERS OF THE GENERAL ASSEMBLY ABOUT THE OPERATIONS OF AGENCIES OF THE STATE OF SOUTH CAROLINA; TO PROVIDE THAT THE PROGRAM SHALL SUPPLEMENT ANY ORIENTATION PROVIDED BY THE HOUSE OR SENATE ABOUT ITS INTERNAL OPERATION; TO PROVIDE THAT THE MEMBERS PARTICIPATING IN THE PROGRAM SHALL BE AUTHORIZED PER DIEM, MILEAGE AND SUBSISTENCE TO BE PAID FROM THE APPROVED ACCOUNTS OF THE HOUSE OR SENATE, RESPECTIVELY; AND TO PROVIDE THAT THE JOINT OPERATIONS AND MANAGEMENT COMMITTEE IMPLEMENT THIS ORIENTATION PROGRAM FOR NEWLY ELECTED MEMBERS IN THE 1992 GENERAL ELECTION AND FOR EVERY GENERAL ELECTION THEREAFTER.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5651.HC), which was adopted.

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

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

Amend further, by striking Section 1 and inserting:

/SECTION 1.     Chapter 1, Title 2 of the 1976 Code is amended by adding:

"Section 2-1-215.     Beginning with members of the General Assembly first elected in the 1992 General Election, the Operations and Management Committees of the House of Representatives and the Senate acting as a joint committee shall establish a program for newly elected members of the General Assembly to familiarize them with the operations of state agencies. The joint Committee shall approve the content of the program and may designate an appropriate agency or institution to administer the program. This orientation program must supplement any orientation provided by the House of Representatives or the Senate about their internal operations.

The program must focus on the purpose, structure, funding and operations of the various agencies, institutions, departments, divisions, and offices of state government. Agencies shall cooperate with the joint committee in making necessary presentations and arranging visitations to facilities. All programs must be scheduled on legislative days. All members of the General Assembly may participate in the orientation program."/

Amend title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

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

On motion of Rep. G. BAILEY, with unanimous consent, it was ordered that S. 190 be read the third time tomorrow.

Rep. BOAN moved to adjourn debate upon the following Bill until Tuesday, May 14, which was adopted.

H. 3790 -- Rep. Boan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-11-155 SO AS TO PROVIDE THAT FOR PURPOSES OF REINSTATEMENT OF A CONTRACTOR'S LICENSE, A PERSON WHO PREVIOUSLY STOOD AND PASSED THE CONTRACTOR'S LICENSING EXAMINATION JOINTLY MUST BE TREATED AS IF HE STOOD AND PASSED THE EXAMINATION INDIVIDUALLY.

The following Bill was taken up.

S. 784 -- Senator Wilson: A BILL TO AMEND SECTION 11-27-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECT OF NEW ARTICLE X ON STATE BONDS, SO AS TO PROVIDE FOR THE SIGNATURE OF THE SECRETARY OF STATE BY FACSIMILE; AND TO AMEND SECTION 59-107-130, RELATING TO EXECUTION OF BONDS, SO AS TO PROVIDE FOR THE SIGNATURE OF THE SECRETARY OF STATE BY FACSIMILE.

Reps. QUINN and WILKINS proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5706.HC), which was ruled out of order.

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

/SECTION ___. (A) Section 12-45-220 of the 1976 Code, as last amended by Act 326 of 1990, is further amended by adding at the end:

"(E)     A person who sells securities or other investments to a governmental body, who knows that the securities or investments are unsuitable under this section, is personally liable to the governing body in accordance with Article 13, Chapter 1 of Title 35, the Uniform Securities Act. The governing body may bring suit under this section no later than three years after a majority of the governing body becomes aware of the illegal sale. The rights and remedies under this section are in addition to all other rights, remedies, or penalties which exist at law or equity."

(B)     Section 6-5-10 of the 1976 Code, as last amended by Act 326 of 1990, is further amended by adding at the end:

"(d)     A person who sells securities or other investments to a governmental body, who knows that the securities or investments are unsuitable under this section, is personally liable to the governing body in accordance with Article 13, Chapter 1 of Title 35, the Uniform Securities Act. The governing body may bring suit under this section no later than three years after a majority of the governing body becomes aware of the illegal sale. The rights and remedies under this section are in addition to all other rights, remedies, or penalties which exist at law or equity."

(C)     The amendments to Sections 12-45-220 and 6-5-10 of the 1976 Code contained in this section apply with respect to all causes of action arising both before or after the effective date of this act./

Renumber sections to conform.

Amend totals and title to conform.

Rep. BOAN raised the Point of Order that Amendment No. 1 was out of order as it was not germane.

The SPEAKER sustained the Point of Order and ruled the Amendment out of order.

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

On motion of Rep. BOAN, with unanimous consent, it was ordered that S. 784 be read the third time tomorrow.

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

S. 940 -- Senator Washington: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF UNITED WE STAND IN CHRIST IN COLLETON COUNTY.

S. 941 -- Senators Martschink and Giese: A BILL TO AMEND SECTION 43-33-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF THE BOARD OF THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., SO AS TO CHANGE THE COMPOSITION OF THE BOARD AND THE MANNER IN WHICH THEY ARE ELECTED.

S. 290 -- Senator Stilwell: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO PROVIDE THAT IF A PERSON IS CONVICTED OR PLEADS GUILTY OR NOLO CONTENDERE IN MUNICIPAL COURT, THE FEE MUST BE REMITTED TO THE MUNICIPALITY.

H. 3705 -- Reps. Quinn, H. Brown, Corning, Wright and Beasley: A BILL TO AMEND SECTION 33-55-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARITABLE ORGANIZATIONS, SOLICITATION OF CHARITABLE FUNDS, REGISTRATION OF PROFESSIONAL FUND-RAISING COUNSEL AND PROFESSIONAL SOLICITORS, REGISTRATION FEE, AND BONDS, SO AS TO AUTHORIZE THE SECRETARY OF STATE TO ACCEPT A DEPOSIT OF CASH OF FIVE THOUSAND DOLLARS IN LIEU OF THE BOND FOR THE SAME AMOUNT REQUIRED OF THE APPLICANT UNDER THIS SECTION.

Rep. J. BROWN explained the Bill.

H. 3708 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PARKING FOR HANDICAPPED PERSON, SO AS TO PROVIDE THAT A LICENSED PHYSICIAN SHALL CERTIFY DISABILITY UNLESS THE APPLICANT IS AN AGENCY OR ORGANIZATION COMPLYING WITH SECTION 56-3-1910.

H. 3724 -- Reps. Waldrop and Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-7-112 SO AS TO PROVIDE THAT A PERSON PERFORMING BARBERING OR COSMETOLOGY SERVICES MAY NOT BE ARRESTED FOR VIOLATIONS OF THE BARBERING OR COSMETOLOGY ACTS AND TO PROVIDE THAT SUCH PERSON MAY BE ISSUED A CITATION AND SUMMONS.

On motion of Rep. WILDER, with unanimous consent, it was ordered that S. 941 be read the third time tomorrow.

On motion of Rep. J. BROWN, with unanimous consent, it was ordered that H. 3705 be read the third time tomorrow.

On motion of Rep. WALDROP, with unanimous consent, it was ordered that H. 3708 be read the third time tomorrow.

Rep. WALDROP asked unanimous consent that H. 3724 be read a third time tomorrow.

Rep. KLAPMAN objected.

The following Bill was taken up.

H. 3496 -- Reps. Waites, Corning, Wright, Manly and Whipper: A BILL TO AMEND SECTION 20-7-2700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO CHILD DAY CARE FACILITIES, SO AS TO REVISE THE DEFINITIONS OF REGULAR AND PROVISIONAL LICENSES; AND TO AMEND SECTION 20-7-2840, RELATING TO THE REGISTRATION OF FAMILY DAY CARE HOMES, SO AS TO PROVIDE FOR THEIR ELECTION TO BE LICENSED.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7525.BD), which was adopted.

Amend the bill, as and if amended, by striking Section 20-7-2840(C), page 2, beginning on line 24, and inserting:

/(C)     A family day care home which elects to participate in a federal program which requires licensing as a prerequisite to participation may elect to be licensed under the procedures in Section 20-7-2850. A family day care home electing licensing shall demonstrate compliance with the suggested standards developed by the department under Section 20-7-2980 and shall comply with provisions of Sections 20-7-2730 and 20-7-2740 relating to criminal history conviction records checks upon original licensing and upon renewal. Operators and caregivers of licensed family day care homes are held to the standards in Sections 20-7-2730 and 20-7-2740 regarding criminal convictions./

Amend title to conform.

Rep. WOFFORD explained the amendment.

The amendment was then adopted.

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

On motion of Rep. WALDROP, with unanimous consent, it was ordered that H. 3496 be read the third time tomorrow.

The following Bill was taken up.

H. 3766 -- Reps. Waldrop and Scott: A BILL TO AMEND SECTIONS 32-7-10 AND 32-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND CONTRACT REQUIREMENTS FOR PRENEED FUNERAL CONTRACTS, SO AS TO PROVIDE A DEFINITION OF "COMMON TRUST FUND" AND CLARIFY THE DISPOSITION OF FUNDS FOR THE PRENEED SALE OF A BURIAL VAULT.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5683.HC), which was adopted.

Amend the bill, as and if amended, by striking SECTION 3 and inserting:

/SECTION 3.     This act takes effect upon approval by the Governor except for Section 1, which is effective for taxable years beginning after 1991./

Amend title to conform.

Rep. CHAMBLEE explained the amendment.

The amendment was then adopted.

Rep. WAITES moved to adjourn debate upon the Bill.

Rep. WALDROP moved to table the motion, which was not agreed to by a division vote of 20 to 34.

The question then recurred to the motion to adjourn debate, which was agreed to.

Rep. KLAPMAN moved to adjourn debate upon the following Joint Resolution until Tuesday, May 14, which was adopted.

S. 752 -- Senators Lourie and Courson: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 617 OF 1990, RELATING TO THE TASK FORCE TO STUDY HOMELESSNESS, SO AS TO PROVIDE ADDITIONAL MEMBERS AND CHANGE THE DATES FOR THE PRESENTATION OF THE TASK FORCE'S INTERIM AND FINAL REPORTS.

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

Reps. CROMER and KIRSH withdrew their objections to the following Bill.

S. 722 -- Senators Lourie, Land, Saleeby and Passailaigue: A BILL TO AMEND SECTION 40-59-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE CONTRACTORS INCLUDED AS RESIDENTIAL SPECIALTY CONTRACTORS FOR PURPOSES OF REGULATION BY THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION, SO AS TO PROVIDE THAT PEST CONTROLLERS ARE NOT CONSIDERED RESIDENTIAL SPECIALTY CONTRACTORS.

Reps. RAMA and HASKINS withdrew their objections to H. 3774, however, other objections remained upon the Bill.

Rep. SCOTT withdrew his objection to the following Bill.

S. 722 -- Senators Lourie, Land, Saleeby and Passailaigue: A BILL TO AMEND SECTION 40-59-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE CONTRACTORS INCLUDED AS RESIDENTIAL SPECIALTY CONTRACTORS FOR PURPOSES OF REGULATION BY THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION, SO AS TO PROVIDE THAT PEST CONTROLLERS ARE NOT CONSIDERED RESIDENTIAL SPECIALTY CONTRACTORS.

Reps. McCAIN and CLYBORNE withdrew their objections to the following Bill.

H. 3774 -- Reps. Kempe, Rogers, Wilkes, Beatty, Hallman, Fulmer, Bruce, Beasley, Keyserling, Cole, Sturkie, Neilson, Waites, Farr, Corbett, Wells, Keegan, Cork, Cato, Whipper, Jaskwhich, Littlejohn, Manly, Cooper, T.C. Alexander, Wilder, Burch, Glover, D. Martin, Phillips, A. Young, McGinnis, Tucker, Cromer, McElveen, L. Elliott, Gonzales, R. Young, Houck, Meacham, Rhoad, Mattos, Barber, McCraw, Jennings, Kinon, Marchbanks, Altman, J. Harris and Lanford: A BILL TO AMEND SECTION 48-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR DISCHARGES OF WASTES OR AIR CONTAMINANTS, SO AS TO PROVIDE THAT BEFORE ISSUING A PERMIT PUBLIC NOTICE MUST BE GIVEN BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

Rep. KLAPMAN withdrew his objection to H. 3590 however, other objections remained upon the Bill.

Reps. ROGERS and KLAPMAN withdrew their objection to the following Bill whereupon objections were raised by Reps. HOLT and J. BAILEY.

S. 722 -- Senators Lourie, Land, Saleeby and Passailaigue: A BILL TO AMEND SECTION 40-59-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE CONTRACTORS INCLUDED AS RESIDENTIAL SPECIALTY CONTRACTORS FOR PURPOSES OF REGULATION BY THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION, SO AS TO PROVIDE THAT PEST CONTROLLERS ARE NOT CONSIDERED RESIDENTIAL SPECIALTY CONTRACTORS.

Rep. SMITH withdrew his objection to the following Bill.

H. 3774 -- Reps. Kempe, Rogers, Wilkes, Beatty, Hallman, Fulmer, Bruce, Beasley, Keyserling, Cole, Sturkie, Neilson, Waites, Farr, Corbett, Wells, Keegan, Cork, Cato, Whipper, Jaskwhich, Littlejohn, Manly, Cooper, T.C. Alexander, Wilder, Burch, Glover, D. Martin, Phillips, A. Young, McGinnis, Tucker, Cromer, McElveen, L. Elliott, Gonzales, R. Young, Houck, Meacham, Rhoad, Mattos, Barber, McCraw, Jennings, Kinon, Marchbanks, Altman, J. Harris and Lanford: A BILL TO AMEND SECTION 48-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR DISCHARGES OF WASTES OR AIR CONTAMINANTS, SO AS TO PROVIDE THAT BEFORE ISSUING A PERMIT PUBLIC NOTICE MUST BE GIVEN BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

Rep. BOAN, with unanimous consent, made a short statement.

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

Rep. M.O. ALEXANDER moved that the House do now adjourn.

Rep. RAMA demanded the yeas and nays, which were not ordered.

The House refused to adjourn by a division vote of 8 to 80.

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

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

H. 3993 -- Reps. Wilkins, Snow, Altman, Keyserling and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-5 SO AS TO DEFINE THE CENTER LINE OF WATERWAYS FOR PURPOSES OF DESCRIBING COUNTIES AND JURY AREAS; TO AMEND SECTIONS 4-3-70, 4-3-100, 4-3-150, 4-3-270, 4-3-310, AND 4-3-320, RELATING TO THE BOUNDARIES OF THE COUNTIES OF BEAUFORT, CHARLESTON, COLLETON, GEORGETOWN, HORRY, AND JASPER, SO AS TO REDEFINE THEIR BOUNDARIES; TO AMEND SECTION 22-2-190, AS AMENDED, RELATING TO JURY AREAS IN VARIOUS COUNTIES, SO AS TO REDEFINE THE JURY AREAS IN BEAUFORT, CHARLESTON, COLLETON, GEORGETOWN, HORRY, AND JASPER COUNTIES; AND TO REPEAL SECTION 4-3-160 RELATING TO THAT PORTION OF CHARLESTON COUNTY WHICH WAS TRANSFERRED TO COLLETON COUNTY.

Referred to Committee on Judiciary.

Rep. BAKER moved to adjourn debate upon the following Joint Resolution until Tuesday, May 14, which was adopted.

S. 812 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO GUIDELINES FOR OPERATION OF COSMETOLOGY SCHOOLS AND PROGRAMS IN PUBLIC SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1367, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. BAKER moved to adjourn debate upon the following Joint Resolution until Tuesday, May 14, which was adopted.

S. 814 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD (DIVISION OF STATE FIRE MARSHAL), RELATING TO FIRE AND LIFE SAFETY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1379, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3197 -- Reps. J. Brown, Scott, Glover and Cato: A BILL TO REQUIRE CERTAIN SECURITY DEVICES FOR CERTAIN LEASED OR RENTED ROOMS, LODGINGS, AND ACCOMMODATIONS, TO MAKE THE VIOLATION OF THIS REQUIREMENT A MISDEMEANOR OFFENSE, TO PROVIDE PENALTIES, AND TO PROVIDE THAT EVERY INSTANCE IN WHICH THE REQUIRED SECURITY DEVICES ARE NOT PROVIDED CONSTITUTES A SEPARATE OFFENSE FOR THE PURPOSES OF PROSECUTION AND CONVICTION.

Rep. J. BROWN explained the Bill.

H. 3859 -- Rep. J. Bailey: A BILL TO AMEND SECTION 56-10-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DURATION AND CANCELLATION OF CERTAIN MOTOR VEHICLE LIABILITY INSURANCE POLICIES ISSUED TO MEET FINANCIAL RESPONSIBILITY REQUIREMENTS, SO AS TO PERMIT CANCELLATION OF THE POLICY IF THE INSURED HAS SECURED ANOTHER POLICY THAT MEETS THESE FINANCIAL RESPONSIBILITY REQUIREMENTS.

Rep. J. BAILEY explained the Bill.

S. 513 -- Senators Drummond, J. Verne Smith and Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 IN TITLE 40, RELATING TO PROFESSIONS AND OCCUPATIONS, SO AS TO REVISE AND RECODIFY THE LAW RELATING TO THE REGISTRATION OF ENGINEERS AND LAND SURVEYORS BY THE SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS AND PROVIDE PENALTIES FOR VIOLATIONS, TO REPEAL CHAPTER 21, TITLE 40 OF THE 1976 CODE, RELATING TO THE REGISTRATION OF ENGINEERS AND LAND SURVEYORS, TO PROVIDE FOR THE CONTINUATION OF REGULATIONS PROMULGATED UNDER PRIOR LAW, TO AUTHORIZE A FEE FOR THE TEMPORARY REGISTRATION OF ENGINEERS, TO PROVIDE FOR THE CONTINUATION IN OFFICE OF THE MEMBERS OF THE SOUTH CAROLINA STATE BOARD FOR REGISTRATION OF ENGINEERS AND LAND SURVEYORS, AND TO SAVE PROCEEDINGS BEFORE THE BOARD ARISING UNDER PRIOR LAW.

H. 3966 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO INFECTIOUS WASTE MANAGEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1374, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Rep. J. BAILEY, with unanimous consent, it was ordered that H. 3859 be read the third time tomorrow.

On motion of Rep. BENNETT, with unanimous consent, it was ordered that H. 3966 be read the third time tomorrow.

Rep. T.C. ALEXANDER moved to recommit the following Bill to the Committee on Labor, Commerce and Industry, retaining its place on the Calendar, which was agreed to.

H. 3531 -- Reps. Rama, J. Williams, H. Brown, G. Bailey, Barber, Whipper, T.C. Alexander, Klapman, Gonzales, R. Young, Beasley, Wofford, Waites, Rogers, J. Bailey, Keegan, Wright, Cork, L. Elliott, Houck, Burriss, M.O. Alexander, Cato, J.C. Johnson, Corning, McLeod, Kirsh, Wells, McGinnis, Rudnick and Quinn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-59-45, SO AS TO PROVIDE FOR THE TIMELY PAYMENT OF CLAIMS DUE A LICENSED HEALTH CARE PROVIDER FROM ACCIDENT AND HEALTH INSURERS, TO PROVIDE FOR CONTESTED CLAIMS INCLUDING NOTICE REQUIREMENTS FOR TIMELY ACTION ON DISPUTED CLAIMS, TO PROVIDE THAT FAILURE OF AN INSURER TO PAY CONTESTED CLAIMS IN A TIMELY MANNER IS A BAD FAITH DENIAL UNLESS THE INSURER CAN PROVE ITS FAILURE TO PAY WAS IN GOOD FAITH, TO PROVIDE FOR LIABILITY FOR BAD FAITH DENIAL, TO PROVIDE FOR INTEREST ON DELAYED CLAIMS UNLESS THE INSURER PROVES ITS TIMELY FAILURE TO PAY WAS IN GOOD FAITH, AND TO PROVIDE FOR REFUNDS OF IMPROPER OR EXCESSIVE PAYMENTS, INCLUDING INTEREST ON REFUNDS.

Rep. J. BAILEY moved to adjourn debate upon the following Bill until Wednesday, May 15, which was adopted.

S. 707 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-1425 SO AS TO PROVIDE FOR THE FINAL RATE OR PREMIUM CHARGE FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-73-455, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO LIMIT THE PROHIBITION ON MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS IN UTILIZING DIFFERENT FILED RATES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO AUTHORIZE THE REFUSAL TO WRITE CERTAIN COVERAGE; AND TO AMEND SECTION 38-77-950, AS AMENDED, RELATING TO USE OF THE REINSURANCE FACILITY BY AN INSURER, SO AS TO REQUIRE NOTICE TO POLICYHOLDERS OF CERTAIN RISKS CEDED TO THE FACILITY.

Rep. WOFFORD moved to adjourn debate upon the following Bill until Tuesday, May 14, which was adopted.

S. 741 -- Senators Hayes, Bryan, Fielding, Matthews, Hinds, Nell W. Smith, Wilson, Gilbert, Moore, Leatherman, Holland, Mitchell, Thomas, Helmly, Russell, Waddell, Lourie, Land and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2975 SO AS TO REQUIRE CHILD DAY CARE FACILITIES TO HAVE ON ITS PREMISES AT LEAST ONE CAREGIVER WITH A CURRENT CERTIFICATE FOR THE PROVISION OF BASIC FIRST AID AND CHILD-INFANT CARDIOPULMONARY RESUSCITATION.

The following Bill was taken up.

H. 3967 -- Rep. Wilkins: A BILL TO AMEND ACT 284 OF 1989, RELATING TO THE TAX MILLAGE WHICH THE BOARD OF TRUSTEES OF THE GREENVILLE COUNTY SCHOOL DISTRICT MAY LEVY FOR THE GENERAL OPERATION OF THE SCHOOL DISTRICT IN ANY YEAR, SO AS TO INCREASE BY THREE MILLS THE TAX MILLAGE WHICH MAY BE LEVIED.

Rep. M.O. ALEXANDER moved to adjourn debate upon the Bill.

Rep. BAKER moved to table the motion, which was agreed to by a division vote of 6 to 3.

Reps. VAUGHN and JASKWHICH proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18575.SD).

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

/SECTION     1.     Beginning in 1992, the Board of Trustees of the Greenville County School District is authorized to increase the tax millage levied for the operation of the district by not more than two mills in any one year and by not more than a total of three mills in any two-year period. A two-thirds vote plus one member of the board is also required to increase the millage in any year as permitted by this section.

SECTION     2.     An independent auditor who reports directly to the board must periodically conduct fiscal and management audits of the district at the district's expense and a copy of the audit must be forwarded to the Greenville County Legislative Delegation.

SECTION     3.     Beginning with the Greenville County school board elections in 1992, all members elected shall be elected for terms of two years each and until their successors are elected and qualify.

SECTION     4.     Notwithstanding the above provisions of this act, when the Greenville County School District under the Education Finance Act is considered to be providing one hundred percent of the local effort required, no millage increases may thereafter be imposed while such circumstances exist.

SECTION     5.     For any tax millage to be levied above the limits contained in this act, the qualified electors of the district must approve such excess in a referendum called for this purpose by the board. Notice of the referendum must be published in a newspaper of general circulation in the district at least sixty days before the referendum and again at least thirty days before the referendum. The board shall frame the question for the referendum and the costs of the referendum must be borne by the district.

SECTION     6.     This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend totals and title to conform.

Rep. VAUGHN moved to adjourn debate upon the amendment, which was adopted.

Reps. VAUGHN and JASKWHICH proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\18574.SD).

Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:

/SECTION ____.     The tax millage which may be levied by the Board of Trustees of the Greenville County School District for the operation of the district for the year 1991 may not exceed eighty-seven mills, provided that a two-thirds vote plus one member of the board is required to increase the millage above the present authorized millage of eighty-four mills./

Renumber sections to conform.

Amend title to conform.

Rep. VAUGHN moved to adjourn debate upon the amendment, which was adopted.

Rep. J. BAILEY moved that the House do now adjourn.

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.

Rep. WILKINS proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\BBM\9453.JM).

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

/SECTION     1.     Beginning in 1992, the Board of Trustees of the Greenville County School District is authorized to increase the tax millage levied for the operation of the district by not more than two mills in any one year and by not more than a total of three mills in any two-year period.

SECTION     2.     Beginning with the Greenville County school board elections in 1992, all members elected shall be elected for terms of two years each and until their successors are elected and qualify.

SECTION     3.     Notwithstanding the above provisions of this act, when the Greenville County School District under the Education Finance Act is considered to be providing one hundred percent of the local effort required, no millage increases may thereafter be imposed while such circumstances exist.

SECTION     4.     For any tax millage to be levied above the limits contained in this act, the qualified electors of the district must approve such excess in a referendum called for this purpose by the board. Notice of the referendum must be published in a newspaper of general circulation in the district at least sixty days before the referendum and again at least thirty days before the referendum. The board shall frame the question for the referendum and the costs of the referendum must be borne by the district.

SECTION     5.     This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. WILKINS moved to adjourn debate upon the amendment, which was adopted.

Rep. WILKINS proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\BBM\9452.JM).

Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:

/SECTION ____.     The tax millage which may be levied by the Board of Trustees of the Greenville County School District for the operation of the district for the year 1991 may not exceed eighty-seven mills./

Renumber sections to conform.

Amend title to conform.

Rep. WILKINS moved to adjourn debate upon the amendment, which was adopted.

Rep. WILKINS proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\BBM\9449.JM).

Amend the bill, as and if amended, by striking SECTION 2 and inserting:

/SECTION     2.     Section 2 of Act 284 of 1989 is amended to read:

"SECTION     2.     An authorized tax levy for the general operations of the school district of Greenville County above eighty-four eighty-seven mills is authorized in the manner permitted in this section and Sections 3 and 4 of this act. Beginning in the year after the referendum provided for in Section 5 is conducted and approved, if conducted and approved, and thereafter, the The board of trustees of the district, upon a two-thirds majority recorded vote of its membership, may increase this eight-four eighty-seven mill authorization by not more than a total of three two mills in any successive two-year period year. In determining these two-year periods, a particular year is to be used once. That is to say by example that the first two years after the referendum provided for in Section 5 is conducted and approved, if conducted and approved, constitute a two-year period, and the two years immediately following constitute the next successive two-year period. If the board determines that the millage needs of the district in any year exceed the authorized limits of this section, the excess millage desired must be approved by the qualified electors of the district in a referendum called for this purpose by the board to be conducted as provided in Section 4."/

Amend further, by adding an appropriately numbered SECTION to read:

/SECTION     ___.     Section 7 of Act 284 of 1989 is amended to read:

SECTION     7.     Upon the approval of limited fiscal autonomy as provided in this act being approved by the voters in a referendum, then notwithstanding Notwithstanding any other provision of law, the terms of office of all Greenville County school district trustees thereafter elected after 1989, including incumbents who are reelected, must be two years."/

Amend further, by adding an appropriately numbered SECTION to read:

/SECTION     ___.     Section 5 of Act 284 of 1989 is repealed./

Renumber SECTIONS to conform.

Amend title to conform.

Rep. WILKINS moved to adjourn debate upon the amendment, which was adopted.

Reps. WILKINS and HASKINS proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\BBM\9454.JM).

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/SECTION     1.     Section 1 of Act 284 of 1989 is amended to read:

"SECTION     1.     The board of trustees of the Greenville County School District may levy for the general operation of the school district in any year a tax millage not exceeding eighty-four eighty-eight mills, except when higher millage is authorized in the manner permitted in Sections 2, 3, and 4 of this act."/

Amend further, by striking SECTION 2 and inserting:

/SECTION     2.     Section 2 of Act 284 of 1989 is amended to read:

"SECTION     2.     An authorized tax levy for the general operations of the school district of Greenville County above eighty-four eighty-eight mills is authorized in the manner permitted in this section and Sections 3 and 4 of this act. Beginning in the year after the referendum provided for in Section 5 is conducted and approved, if conducted and approved, and thereafter, the board of trustees of the district, upon a two-thirds majority recorded vote of its membership, may increase this eighty-four eighty-eight mill authorization by not more than a total of three two mills in any successive two-year period year. In determining these two-year periods, a particular year is to be used once. That is to say by example that the first two years after the referendum provided for in Section 5 is conducted and approved, if conducted and approved, constitute a two-year period, and the two years immediately following constitute the next successive two-year period. If the board determines that the millage needs of the district in any year exceed the authorized limits of this section, the excess millage desired must be approved by the qualified electors of the district in a referendum called for this purpose by the board to be conducted as provided in Section 4."/

Amend title to conform.

Rep. WILKINS moved to adjourn debate upon the amendment, which was adopted.

Reps. WILKINS and M.O. ALEXANDER proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\BBM\9457.JM).

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/SECTION     1.     Section 1 of Act 284 of 1989 is amended to read:

"SECTION     1.     The board of trustees of the Greenville County School District may levy for the general operation of the school district in any year a tax millage not exceeding eighty-four eighty-nine mills, except when higher millage is authorized in the manner permitted in Sections 2, 3, and 4 of this act."/

Amend further, by striking SECTION 2 and inserting:

/SECTION     2.     Section 2 of Act 284 of 1989 is amended to read:

"SECTION     2.     An authorized tax levy for the general operations of the school district of Greenville County above eighty-four eighty-nine mills is authorized in the manner permitted in this section and Sections 3 and 4 of this act. Beginning in the year after the referendum provided for in Section 5 is conducted and approved, if conducted and approved, and thereafter, the board of trustees of the district, upon a two-thirds majority recorded vote of its membership, may increase this eighty-four eighty-nine mill authorization by not more than a total of three two mills in any successive two-year period year. In determining these two-year periods, a particular year is to be used once. That is to say by example that the first two years after the referendum provided for in Section 5 is conducted and approved, if conducted and approved, constitute a two-year period, and the two years immediately following constitute the next successive two-year period. If the board determines that the millage needs of the district in any year exceed the authorized limits of this section, the excess millage desired must be approved by the qualified electors of the district in a referendum called for this purpose by the board to be conducted as provided in Section 4."/

Amend title to conform.

Rep. WILKINS moved to adjourn debate upon the amendment, which was adopted.

Rep. M.O. ALEXANDER proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\CYY\18595.SD).

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

/SECTION 1.     The board of trustees of the Greenville County School District may levy for the general operation of the school district in any year a tax millage not exceeding eighty-four eighty-nine mills, except when higher millage is authorized in the manner permitted in Sections 2, 3, and 4 of this act.

SECTION     2.     This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. M.O. ALEXANDER moved to adjourn debate upon the amendment, which was adopted.

Rep. VAUGHN proposed the following Amendment No. 9 (Doc Name L:\council\legis\amend\CYY\18593.SD).

Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:

/SECTION ____.     An independent auditor who reports directly to the board must periodically conduct fiscal and management audits of the district at the district's expense and a copy of the audit must be forwarded to the Greenville County Legislative Delegation./

Renumber sections to conform.

Amend title to conform.

Rep. VAUGHN moved to adjourn debate upon the amendment, which was adopted.

Reps. BAKER, WILKINS, HASKINS, CATO, VAUGHN, CLYBORNE and JASKWHICH proposed the following Amendment No. 10 (Doc Name L:\council\legis\amend\CYY\18575.SD).

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

/SECTION     1.     Beginning in 1992, the Board of Trustees of the Greenville County School District is authorized to increase the tax millage levied for the operation of the district by not more than two mills in any one year and by not more than a total of three mills in any two-year period.

SECTION     2.     Beginning with the Greenville County school board elections in 1992, all members elected shall be elected for terms of two years each and until their successors are elected and qualify.

SECTION     3.     Notwithstanding the above provisions of this act, when the Greenville County School District under the Education Finance Act is considered to be providing one hundred percent of the local effort required, no millage increases may thereafter be imposed while such circumstances exist.

SECTION     4.     For any tax millage to be levied above the limits contained in this act, the qualified electors of the district must approve such excess in a referendum called for this purpose by the board. Notice of the referendum must be published in a newspaper of general circulation in the district at least sixty days before the referendum and again at least thirty days before the referendum. The board shall frame the question for the referendum and the costs of the referendum must be borne by the district.

SECTION     5.     The board of trustees of the Greenville County School District may levy for the general operation of the school district in any year a tax millage not exceeding eighty-four eighty-eight mills. This limit does not apply to increases approved by the school board pursuant to Section 1 of this amendment.

SECTION     6.     A two-thirds vote plus one member of the board is also required to increase the millage in any year as permitted by this amendment.

SECTION     7.     This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. BAKER moved to divide the question, Section by Section, which was agreed to.

/SECTION     1:         Beginning in 1992, the Board of Trustees of the Greenville County School District is authorized to increase the tax millage levied for the operation of the district by not more than two mills in any one year and by not more than a total of three mills in any two-year period.

Rep. BAKER explained the Section.

Section 1 was adopted by a division vote of 6 to 4.

SECTION     2.     Beginning with the Greenville County school board elections in 1992, all members elected shall be elected for terms of two years each and until their successors are elected and qualify.

Section 2 was rejected by a division vote of 5 to 5.

SECTION     3.     Notwithstanding the above provisions of this act, when the Greenville County School District under the Education Finance Act is considered to be providing one hundred percent of the local effort required, no millage increases may thereafter be imposed while such circumstances exist.

Section 3 was adopted by a division vote of 10 to 0.

SECTION     4.     For any tax millage to be levied above the limits contained in this act, the qualified electors of the district must approve such excess in a referendum called for this purpose by the board. Notice of the referendum must be published in a newspaper of general circulation in the district at least sixty days before the referendum and again at least thirty days before the referendum. The board shall frame the question for the referendum and the costs of the referendum must be borne by the district.

SECTION     5.     The board of trustees of the Greenville County School District may levy for the general operation of the school district in any year a tax millage not exceeding eighty-four eighty-eight mills. This limit does not apply to increases approved by the school board pursuant to Section 1 of this amendment.

Rep. BAKER explained the Section.

Section 5 was rejected by a division vote of 5 to 5.

SECTION     6.     A two-thirds vote plus one member of the board is also required to increase the millage in any year as permitted by this amendment.

Rep. BAKER explained the Section.

Section 6 was rejected by a division vote of 3 to 7.

SECTION     7.     This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. WILKINS proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\BBM\9462.JM), which was adopted.

Add a new Section to read:

SECTION     ( )     The board of trustees of the Greenville County School District may levy for the general operation of the school district in any year a tax millage not exceeding eighty-nine mills. This limit does not apply to increases approved by the school board pursuant to Section 1 of this act.

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted by a division vote of 6 to 4.

Debate was resumed on Amendment No. 1 by Reps. VAUGHN and JASKWHICH.

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

Debate was resumed on Amendment No. 2 by Reps. VAUGHN and JASKWHICH.

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

Debate was resumed on Amendment No. 3 by Rep. WILKINS.

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

Debate was resumed on Amendment No. 4 by Rep. WILKINS.

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

Debate was resumed on Amendment No. 5 by Rep. WILKINS.

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

Debate was resumed on Amendment No. 6 by Reps. WILKINS and HASKINS.

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

Debate was resumed on Amendment No. 7 by Reps. WILKINS and M.O. ALEXANDER.

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

Debate was resumed on Amendment No. 8 by Rep. M.O. ALEXANDER.

Rep. M.O. ALEXANDER moved to table the amendment, which was agreed to.

Debate was resumed on Amendment No. 9 by Rep. VAUGHN.

Rep. VAUGHN explained the amendment.

The amendment was then adopted by a division vote of 10 to 0.

Rep. M.O. ALEXANDER inquired as to whether or not Amendment No. 9 had a fiscal impact statement attached.

The SPEAKER stated that amendments were not required to have fiscal impact statements attached.

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

The Bill, as amended, was read the second time and ordered to third reading by a division vote of 6 to 4.

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

The Senate returned to the House with concurrence the following:

H. 3517 -- Reps. Sharpe, Smith, Keesley, Huff, Gentry and Rudnick: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO DESIGNATE AND NAME IN AIKEN COUNTY THAT PORTION OF SOUTH CAROLINA HIGHWAY 302 BETWEEN KITCHEN'S MILL AND THE LEXINGTON COUNTY LINE AS THE OTIS BAUGHMAN, SR., MEMORIAL HIGHWAY.

H. 3991 -- Reps. McAbee, J.C. Johnson and Carnell: A CONCURRENT RESOLUTION TO COMMEND FRED P. BRINKMAN FOR HIS SERVICE TO THE STATE OF SOUTH CAROLINA AS EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM SINCE 1973.

At 12:20 P.M. the House in accordance with the motion of Rep. J. BROWN adjourned in memory of Mrs. Ruth Rolax, to meet at 10:00 A.M. tomorrow.

This web page was last updated on Tuesday, June 30, 2009 at 8:53 A.M.