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

WEDNESDAY, MAY 18, 1994

Wednesday, May 18, 1994
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

Almighty God, Who has called us to tasks beyond our wisdom and to labors beyond our strength, teach us to lean heavily upon Your strong right arm. Amid all the voices of this vast and varied world, save us from the terrible tragedy of missing Your beckoning. We admit that in the conceit of our own self-sufficiency, too often we have turned with our burning thirsts to the broken cisterns of worldly wisdom and to our own sophisticated cleverness. May the highest truths illuminate our nearest duty; the noblest aspirations transfigure our humblest tasks.

Make of us vehicles of Your gracious and Fatherly will. Hear us, Lord, in this our morning prayer. Amen.

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

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

MOTION ADOPTED

Rep. HARRELL moved that when the House adjourns, it adjourn in memory of Walter K. "Kenny" Smoak of Yonges Island, Charleston County, which was agreed to.

H. 4820--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 17, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to:

H. 4820
GENERAL APPROPRIATION BILL

Very respectfully,
President

On motion of Rep. BOAN, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. BOAN, HALLMAN and COBB-HUNTER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

H. 4283--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 17, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 4283:
H. 4283 -- Reps. Barber, Jennings, Gonzales, Quinn, Harvin, Wells, Wright, Harrison, R. Smith, Fulmer, D. Wilder, Klauber, A. Young and Corning: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 43 RELATING TO CORPORATIONS SO AS TO ENACT THE "SOUTH CAROLINA LIMITED LIABILITY COMPANY ACT" WHICH PERMITS A LIMITED LIABILITY COMPANY (LLC) FORMED PURSUANT TO THIS ACT TO BE TREATED AS A PARTNERSHIP FOR TAX PURPOSES TOGETHER WITH THE ABSENCE OF INDIVIDUAL LIABILITY OF THE MEMBERS OF THE LIMITED LIABILITY COMPANY FOR ITS OBLIGATIONS, WHICH PROVIDES FOR THE MANNER IN WHICH LIMITED LIABILITY COMPANIES ARE FORMED, FOR RELATIONS BETWEEN MEMBERS AND MANAGERS TO PERSONS DEALING WITH THE LIMITED LIABILITY COMPANIES, FOR THE RIGHTS AND DUTIES OF MEMBERS AND MANAGERS, FOR FINANCE MATTERS, FOR DISTRIBUTIONS AND WITHDRAWALS, FOR THE OWNERSHIP AND TRANSFER OF PROPERTY, FOR ADMISSION AND WITHDRAWAL OF MEMBERS, FOR DISSOLUTION, FOR THE MANNER IN WHICH FOREIGN LIMITED LIABILITY COMPANIES MAY OPERATE AND ARE GOVERNED, FOR PROFESSIONAL SERVICES LIMITED LIABILITY COMPANIES, FOR SUITS BY AND AGAINST THE LIMITED LIABILITY COMPANIES, FOR THE MERGER OF DOMESTIC OR FOREIGN LIMITED LIABILITY COMPANIES, AND FOR MISCELLANEOUS PROVISIONS AFFECTING THE LIMITED LIABILITY COMPANIES INCLUDING FILING AND OTHER FEES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-2-25 SO AS TO PROVIDE FOR CERTAIN DEFINITIONS FOR TAXATION PURPOSES INCORPORATING REFERENCES TO LIMITED LIABILITY COMPANIES.
and asks for a Committee of Conference and has appointed Senators Stilwell, McConnell and Passailaigue of the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. BARBER, CROMER and WILKES to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 17, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 674:
S. 674 -- Senator Land: A BILL TO AMEND SECTION 12-36-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF GROSS PROCEEDS OF SALES FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO PROVIDE THAT GROSS PROCEEDS DO NOT INCLUDE THAT PORTION OF A CHARGE SUBJECT TO AND USE TAX ATTRIBUTABLE TO THE COST SET BY STATUTE FOR A GOVERNMENTAL LICENSE OR PERMIT.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 17, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1410:
S. 1410 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 25, 1994, AS THE TIME TO ELECT AN ASSOCIATE JUSTICE OF THE SOUTH CAROLINA SUPREME COURT TO FILL THE UNEXPIRED TERM AS AN ASSOCIATE JUSTICE OF THE HONORABLE ERNEST A. FINNEY, JR., UPON HIS ELECTION AS CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, TO ELECT A FAMILY COURT JUDGE FROM THE EIGHTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM OF THE HONORABLE WILLIAM J. CRAINE, JR., WHOSE TERM EXPIRES JUNE 30, 1995, TO ELECT A FAMILY COURT JUDGE FROM THE ELEVENTH JUDICIAL CIRCUIT, SEAT 3, TO FILL THE UNEXPIRED TERM OF THE HONORABLE MARC H. WESTBROOK, WHOSE TERM EXPIRES JUNE 30, 1995, TO ELECT A FAMILY COURT JUDGE FROM THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM OF THE HONORABLE DAVID N. WILBURN, JR., WHOSE TERM EXPIRES JUNE 30, 1998, TO ELECT A JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 4, TO SERVE FOR A FIVE-YEAR TERM TO BEGIN FEBRUARY 1, 1995, TO ELECT A JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 5, TO SERVE FOR A THREE-YEAR TERM TO BEGIN FEBRUARY 1, 1995, AND TO ELECT A JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 6, TO SERVE FOR A ONE-YEAR TERM TO BEGIN FEBRUARY 1, 1995.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 17, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 992:
S. 992 -- Senator Land: A BILL TO AMEND SECTION 50-9-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POINT SYSTEM FOR SUSPENDING HUNTING AND FISHING PRIVILEGES, SO AS TO PROVIDE FOR AN ADDITIONAL HUNTING VIOLATION PERTAINING TO RACCOONS; TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO THE HUNTING SEASONS FOR SMALL GAME, SO AS TO REVISE THE SEASON FOR RACCOON AND OPOSSUM IN GAME ZONE 9; TO AMEND SECTION 50-11-140, AS AMENDED, RELATING TO REQUIREMENTS FOR HUNTING RACCOONS AND OPOSSUMS, SO AS TO INCLUDE FOX AND PROVIDE FOR ADDITIONAL REQUIREMENTS AND PENALTIES; AND TO AMEND SECTION 50-11-2500, AS AMENDED, RELATING TO PERMITS TO HOLD FUR AFTER THE SEASON FOR TAKING FURBEARERS, SO AS TO INCLUDE FURBEARERS AND THEIR PELTS WITHIN THE PERMIT APPLICATION AND RELATED REQUIREMENTS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 17, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3141:
H. 3141 -- Reps. McLeod, G. Brown, Farr, H. Brown, Holt, Houck, McCraw, Hines, Walker, Neal, M.O. Alexander, McMahand, Breeland, Shissias, J. Harris, Phillips, Byrd and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-25-15 SO AS TO PROVIDE THAT THE PROHIBITION ON CERTAIN SIGNS IN THE HIGHWAY RIGHT-OF-WAY DOES NOT EXTEND TO A WELCOME SIGN ERECTED BY THE GOVERNING BODY OF A MUNICIPALITY OR COUNTY IF THE SIGN PRESENTS NO TRAFFIC HAZARD.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 17, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor on R347, S. 520 by a vote of 0 to 46.
(R347) S. 520 -- Senators Thomas and Wilson: AN ACT TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, QUALIFICATIONS, IDENTIFICATION, AND CONDUCT OF POLL WATCHERS, SO AS TO SPECIFY THE MAXIMUM SIZE AND SIZE OF LETTERING ON IDENTIFICATION BADGES AND TO PROHIBIT BADGES IN FLUORESCENT COLORS AND TO AMEND SECTION 7-25-180, AS AMENDED, RELATING TO THE DISTRIBUTION OF CAMPAIGN LITERATURE ON ELECTION DAY WITHIN TWO HUNDRED FEET OF A BUILDING WHERE A POLLING PLACE IS LOCATED, SO AS TO AUTHORIZE A CANDIDATE TO APPEAR AND GREET VOTERS IF HE IS NOT INTIMIDATING, AND TO PROVIDE THAT THE CANDIDATE MAY WEAR A LABEL IDENTIFYING HIMSELF AS A CANDIDATE AND THE OFFICE HE IS SEEKING AND PROVIDE CONDITIONS ON THE WEARING OF THE LABEL.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 17, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor on R428, S. 1021 by a vote of 0 to 46.
(R428) S. 1021 -- Senator Washington: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-55 SO AS TO PROVIDE FOR THE RESPONSIBILITY FOR THE COSTS OF MEDICAL CARE FOR AN ARRESTED PERSON AND TO AMEND SECTION 20-7-3230, AS AMENDED, RELATING TO INSTITUTIONAL AND DETENTION SERVICES FOR JUVENILES, SO AS TO FURTHER PROVIDE FOR THE COST OF PROVIDING CERTAIN MEDICAL SERVICES TO JUVENILES IN DEPARTMENT OF JUVENILE JUSTICE FACILITIES.
Very respectfully,
President

Received as information.

REGULATION RECEIVED

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

Document No. 1740
Promulgated By Department of Insurance
Private Review Agents
Received By Speaker May 18, 1994
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date April 24, 1995

Special Presentation

Reps. WILLIAMS, WOFFORD, LAW and H. BROWN recognized the boys basketball team of Macedonia High School of Berkeley County, the coaches and school officials, winners of the 1994 State Championship in Class AA.

Special Presentation

Reps. ANDERSON, J. BROWN and members of the Greenville Delegation recognized the Reverend Joseph D. Mathis of Greenville County for his exemplary lifetime of service to others as a teacher, coach and minister.

H. 4821--SENATE AMENDMENTS AMENDED AND
RETURNED TO THE SENATE

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

H. 4821 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1993-94.

Rep. BOAN proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\JIC\6104HTC.94), which was adopted.

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

/SECTION     1.     In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for fiscal year 1993-94 the following amounts:

(1)     Federal Retiree Settlement     $30,000,000

(2)     1994 General Election Expenses     1,200,000

(3)     Catawba Indian Settlement     3,000,000

(4)     Public Education

Textbooks     11,000,000

School bus parts and fuel     1,658,116

(5)     DSS-Welfare Reform

(a)     Welfare Reform Pilot

Program     2,500,000

(b)     Child Support Cooperative

Initiative     700,000

(6)     Department of Juvenile Justice

(a)     Housing Conditions     100,000

(b)     Music Therapy Residential

Program     18,500

(c)     Renovations, Furnishing for

Living Units     500,000

(d)     Emergency Repairs     100,000

(e)     Grant Matching Funds     250,000

(f)     School Buses, Vans, Cars     350,000

(g)     Computers     210,000

(h)     School House Safety Act     292,000

(7)     Department of Probation, Parole

& Pardon Services

(a)     Computers/Equipment for

Field Offices     737,600

(8)     Department of Corrections

(a)     Turbeville Correctional

Institution     275,000

(b)     Dutchman/Coastal Additions     125,000

(c)     Appalachian Shock Unit     55,000

(d)     Lee County Transition     2,229,098

(e)     Trenton Annualization     250,000

(f)     Institutional Maintenance     3,000,000

(g)     Ridgeland Water & Sewer     100,000

(9)     Forestry Commission

Fire Control Equipment     4,600,000

(10)     State House Renovation     500,000

(11)     Election Commission

Automated Voting Systems Match     700,000

(12)     John De La Howe School

Sewer Repairs     425,000

(13)     Budget & Control Board

Accounting System Analysis     200,000

(14)     Clemson PSA

T. Ed. Garrison Livestock Arena     1,749,686
__________

Total Capital Reserve Fund

Appropriation     $66,825,000

SECTION     2.     Appropriations in Section 1 of this joint resolution are subject to the following requirements:

(1)     Item 5(A) Welfare Reform Pilot Program

(a)     These funds must be used to implement, upon federal approval, the Self-Sufficiency Pilot Program as recommended by the January 14, 1994, Final Report of the Welfare Reform Task Force.

(b)     The Department of Social Services shall submit quarterly progress reports to the appropriate subcommittees of the Ways and Means Committee and Senate Finance Committee on the implementation of the pilot. These reports will be used to monitor and evaluate the effectiveness of the pilot and to assess and recommend statewide program changes, if any, to further self-sufficiency efforts.

(2)     Of the 11,000,000 for Public Education Textbooks in item number 4, 1,000,000 shall be used for library media resources within the public school system.

(3)     The first priority use of funds designated for automated voting systems shall be to aid counties presently using paper ballots in purchasing automated count voting systems. The State may reimburse up to 70% of the cost of such systems. These counties are Abbeville, Calhoun, Dillon, Lee, McCormick, Richland, Marlboro, and Williamsburg. The second priority use of these funds will be to repay up to 70% of cost incurred by counties that have previously purchased an automated count voting system to replace paper ballots. These counties include Charleston, Chesterfield, Clarendon, Horry, Lancaster, Laurens, Saluda and Union.

SECTION     3.     This joint resolution takes effect thirty days after the completion of the 1993-94 fiscal year in accordance with the provisions of Article III, Section 36(B)(3)(a), Constitution of South Carolina, 1895, and Section 11-11-320(D)(1) of the 1976 Code./

Renumber sections to conform.

Amend totals and title to conform.

The Senate amendments, as amended, were then agreed to and the Joint Resolution ordered returned to the Senate.

H. 4822--SENATE AMENDMENTS AMENDED AND
RETURNED TO THE SENATE

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

H. 4822 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.

Rep. BOAN proposed the following Amendment No. 17 (Doc Name L:\council\legis\amend\JIC\6105HTC.94), which was adopted.

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

/SECTION     1.     To the extent that fiscal year 1993-94 surplus revenues are available, the following sums are appropriated from the general fund of the State:

(1)     General Reserve Fund Transfer     $ 9,930,206

(2)     State Health Plan     10,156,250

(3)     State Employee Pay Plan     20,649,170

(4)     Public Education

(a)     School Bus Parts and Fuel     841,884

(b)     Fringe Equity     8,500,000

(5)     Higher Education

(a)     Formula     17,300,000

(b)     SC Alliance for Minority

Participation     600,000

(6)     Department of Probation,

Parole & Pardon Services Community

Control System Expansion     1,658,116

(7)     Clemson PSA

T Ed Garrison Livestock Arena     150,314

(8)     Archives & History

(a)     Mold Treatment     300,000

(b)     Equipment     49,000

(9)     State Library

Computer Upgrade         50,000

(10)     Arts Commission

(a)     Project Grants     35,000

(b)     Rural Community Project Grants     30,000

(11)     Department of Natural Resources

Equipment, Research & Development     250,000

(12)     Department of Agriculture

Laboratory Equipment     25,000

(13)     Dept of Parks, Recreation & Tourism

Special Project     25,000

(14)     Department of Corrections

Ridgeland Water and Sewer     10,000

(15)     Ridgeland Correctional Institution     1,174,686

(16)     Dutchman/Coastal Additions     575,000
__________

Total Appropriations     $72,309,626

SECTION     2.     The appropriations contained in this joint resolution are ranked in order of priority and each appropriation, beginning with item (1) must be fully funded from the available surplus revenues before the next appropriation is funded.

SECTION     3.     Subject to the provisions of Section 2 of this joint resolution, fiscal year 1993-94 surplus revenues remaining after the appropriations in Section 1 of this joint resolution are appropriated as follows:

(1)     Experimental Program to

Stimulate Competitive Research     $2,000,000

(2)     Beach Renourishment Project     5,250,000

(3)     Higher Education Tuition Grants

Scholarship Non-state     1,000,000

(4)     School House Safety Act     1,208,000

(5)     DSS Child Support

Automated Systems     2,500,000

(6)     Higher Education Formula     20,000,000

(7)     Vocational Rehabilitation     950,000

Archives & History Historic

Cemetary Restoration &

Maintenance     100,000

SECTION     4.     This joint resolution takes effect upon approval by the Governor, but no appropriation may be paid pursuant to this resolution until after the Comptroller General closes the books on fiscal year 1993-94./

Renumber sections to conform.

Amend totals and title to conform.

The Senate amendments, as amended, were then agreed to and the Joint Resolution ordered returned to the Senate.

REPORTS OF STANDING COMMITTEES

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

S. 732 -- Senator Holland: A BILL TO AMEND SECTION 23-45-30(5), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF SPRINKLER CONTRACTOR'S LICENSE, SO AS TO REQUIRE THAT THE CERTIFICATE HOLDER BE A FULL-TIME EMPLOYEE IN A RESPONSIBLE MANAGEMENT POSITION; TO AMEND SECTION 23-45-140, RELATING TO FEES FOR SPRINKLER PLAN AND SPECIFICATION REVIEW, SO AS TO UPDATE CODES AND STANDARDS TO THE LATEST EDITIONS, TO ADD CODES AND STANDARDS, AND TO DELETE LANGUAGE AUTHORIZING THE STATE FIRE MARSHAL TO CHARGE A FEE FOR SPRINKLER PLAN AND SPECIFICATION REVIEW; AND TO AMEND THE CODE BY ADDING SECTIONS 23-45-145 AND 23-45-147, SO AS TO INCLUDE IN THE "FIRE PROTECTION SPRINKLER SYSTEMS ACT" PROVISIONS OF LAW FOR A FIRE SPRINKLER SYSTEM SPECIFICATION SHEET AND PROVISIONS REGULATING SHOP DRAWINGS IN CONNECTION WITH A FIRE PROTECTION SPRINKLER SYSTEM.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

S. 927 -- Senators Giese, Passailaigue, Glover, Hayes, Holland, Lander, Mitchell, O'Dell, Reese, Short, Washington, Rose, Leventis, Wilson, Rankin and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-737 SO AS TO PROVIDE THAT AUTOMOBILE LIABILITY AND COLLISION INSURANCE RATES ARE SUBJECT TO A CREDIT IF AN INSURED HAS PASSED AN APPROVED DRIVER TRAINING COURSE, AND TO PROVIDE FOR THE REQUIREMENTS OF THE COURSE.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

S. 1328 -- Senators Short, Jackson and Gregory: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE CONSUMER FINANCE LAWS IN THIS STATE AS THEY RELATE TO RESTRICTED LOANS, SUPERVISED LOANS, AND SALES FINANCE CONTRACTS.

Ordered for consideration tomorrow.

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

H. 4010 -- Rep. Shissias: A BILL TO AMEND SECTION 20-7-1315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME WITHHOLDING FOR THE ENFORCEMENT OF CHILD SUPPORT, SO AS TO REVISE THE DEFINITION OF "ORDER FOR SUPPORT"; TO REVISE THE THRESHOLD FOR INITIATING INCOME WITHHOLDING; AND TO REVISE OTHER PROCEDURAL AND NOTICE REQUIREMENTS FOR INCOME WITHHOLDING, INCLUDING THE REQUIREMENT THAT EMPLOYERS AND PARENTS PAYING CHILD SUPPORT MUST NOTIFY THE CLERK OF COURT IF HEALTH INSURANCE IS AVAILABLE FOR CHILDREN ON WHOSE BEHALF THE CHILD SUPPORT IS PAID.

Ordered for consideration tomorrow.

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

H. 4983 -- Rep. Harrison: A BILL TO AMEND SECTION 29-3-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHODS OF ENTERING SATISFACTION OF MORTGAGES, SO AS TO PERMIT SATISFACTION OF MORTGAGES RECORDED IN COUNTERPARTS BY SATISFACTIONS EXECUTED IN COUNTERPARTS.

Ordered for consideration tomorrow.

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

S. 398 -- Senator Hayes: A BILL TO AMEND SECTIONS 27-40-710, AS AMENDED, AND 27-40-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SERVICE OF PROCESS TO A TENANT UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO PROVIDE THAT A LANDLORD'S OBLIGATION TO PROVIDE SERVICE UNDER THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE IS SATISFIED AFTER THE LANDLORD HAS GIVEN NOTICE ONE TIME, AND PROVIDE THE MANNER IN WHICH THIS NOTICE MUST BE GIVEN.

Ordered for consideration tomorrow.

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

S. 492 -- Senators Wilson, Thomas and Ryberg: A BILL TO AMEND SECTION 17-5-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A CORONER TO CARRY A PISTOL OR OTHER HANDGUN WHILE ENGAGED IN HIS OFFICIAL DUTIES, SO AS TO EXTEND THE AUTHORITY TO DEPUTY CORONERS.

Ordered for consideration tomorrow.

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

S. 506 -- Senators Rose and Leventis: A BILL TO REPEAL SECTION 22-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARREST FOR CRIMES COMMITTED IN MAGISTRATE'S PRESENCE.

Ordered for consideration tomorrow.

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

S. 953 -- Senator Courtney: A BILL TO AMEND SECTION 24-21-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRESENTENCE INVESTIGATIONS OF CRIMINAL SUSPECTS, SO AS TO PROVIDE THAT THE DEFENDANT MAY WAIVE THE PRESENTENCE INVESTIGATION IF PLEADING GUILTY OR NOLO CONTENDERE; AND TO AMEND SECTION 24-21-530, RELATING TO PRESENTENCE INVESTIGATIONS SO AS TO ALLOW WAIVER PURSUANT TO SECTION 24-21-530.

Ordered for consideration tomorrow.

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

S. 959 -- Senators Short and Leventis: A BILL TO AMEND ARTICLE 3, CHAPTER 17, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLERKS OF COURT, BY ADDING SECTION 14-17-375 SO AS TO REQUIRE THE CLERKS OF COURT TO PROVIDE REPORTS TO CONSUMER REPORTING AGENCIES OF PERSONS DELINQUENT IN CHILD SUPPORT PAYMENTS IN EXCESS OF ONE THOUSAND DOLLARS.

Ordered for consideration tomorrow.

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

S. 1034 -- Senator Bryan: A BILL TO AMEND SECTION 17-13-140, RELATING TO THE ISSUANCE, EXECUTION, AND RETURN OF SEARCH WARRANTS, SO AS TO PROVIDE THAT IF A WARRANT IS ISSUED UPON AN AFFIDAVIT WHICH IS SUPPLEMENTED BY SWORN ORAL TESTIMONY, THE ISSUING JUDGE MUST MAKE CONTEMPORANEOUS WRITTEN NOTES OF THAT SWORN ORAL TESTIMONY AND THOSE NOTES MUST BE MADE PART OF THE RECORD; AND TO AMEND SECTION 17-13-141, RELATING TO RECORDS TO BE KEPT BY JUDICIARY OFFICERS AUTHORIZED TO ISSUE SEARCH WARRANTS, SO AS TO REQUIRE THAT THE CONTEMPORANEOUS WRITTEN NOTES OF ANY SWORN ORAL TESTIMONY WHICH SUPPLEMENTS AN AFFIDAVIT BE KEPT AS PART OF THE RECORD.

Ordered for consideration tomorrow.

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

S. 1040 -- Senator Bryan: A BILL TO AMEND SECTION 2-15-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO INCREASE THE NUMBER OF PUBLIC MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL FROM THREE TO FIVE AND TO PROVIDE THAT ONE MUST BE A LICENSED ATTORNEY.

Ordered for consideration tomorrow.

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

S. 1046 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO AMEND SECTION 3-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAND FOR GEORGETOWN JETTIES AND SPECIFIC GRANTS OR CESSIONS OF LAND JURISDICTION TO THE UNITED STATES, SO AS TO PROVIDE FOR THE FILING OF CERTAIN PLATS WITH THE REGISTER OF MESNE CONVEYANCES FOR GEORGETOWN COUNTY, RATHER THAN IN THE OFFICE OF THE SECRETARY OF STATE.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1414 -- Senators Passailaigue, McConnell, Richter, Greg Smith, McGill, Ford, Rose and Washington: A CONCURRENT RESOLUTION TO URGE THE UNITED STATES CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO APPROVE H. R. 4311 WHICH WOULD DELAY THE 1995 MILITARY BASE CLOSURES UNTIL 1997 AND TO URGE THE FEDERAL GOVERNMENT TO DIRECT REMEDIAL EFFORTS TO THE COMMUNITIES NOW STRUGGLING TO RECOVER FROM BASE CLOSURES IN 1988, 1991, AND 1993.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1415 -- Senators Leventis and Land: A CONCURRENT RESOLUTION CONGRATULATING ROSS S. MCKENZIE OF SUMTER ON RECEIVING THE SOUTH CAROLINA FEDERATION OF MUSEUMS' CERTIFICATE OF SPECIAL RECOGNITION.

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

HOUSE RESOLUTION

The following was introduced:

H. 5217 -- Reps. Robinson, Thomas, Keegan, Snow, Martin, Huff, Marchbanks, Fair, Graham and Cato: A HOUSE RESOLUTION TO AMEND THE RULES OF THE HOUSE OF REPRESENTATIVES BY ADDING RULE 10.10 SO AS TO PROHIBIT ANY PERSON ADMITTED WITHIN THE INNER DOORS OF THE HOUSE OF REPRESENTATIVES FROM WEARING ON HIS PERSON ANYTHING ASSOCIATED WITH A POLITICAL CAMPAIGN.

The Resolution was ordered referred to the Committee on Rules.

INTRODUCTION OF BILLS

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

H. 5218 -- Rep. McAbee: A BILL TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM S33-266 IN McCORMICK COUNTY.

Referred to Committee on Education and Public Works.

S. 1325 -- Senators Moore, Short and Jackson: A BILL TO AMEND SECTION 20-7-5910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO ADD A FORENSIC PATHOLOGIST AND TWO MEMBERS AT LARGE; TO AMEND SECTION 20-7-5915, RELATING TO DUTIES OF THE STATE LAW ENFORCEMENT DIVISION, DEPARTMENT OF CHILD FATALITIES, SO AS TO PROVIDE THAT AN AUTOPSY MUST BE PERFORMED BY A PATHOLOGIST WITH FORENSIC TRAINING RATHER THAN BY A FORENSIC PATHOLOGIST; AND TO AMEND SECTION 17-5-275, RELATING TO AN INSPECTION OF A HOME IN WHICH A CHILD FATALITY OCCURRED SO AS TO PROVIDE THAT THE PETITION MAY BE MADE TO AND AN INSPECTION WARRANT ISSUED BY A LOCAL MAGISTRATE RATHER THAN THE CIRCUIT COURT.

RULE 5.12 WAIVED

Rep. LANFORD moved to waive Rule 5.12, which was agreed to by a division vote of 70 to 0.

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

S. 1409 -- Senators McConnell and Passailaigue: A BILL TO RELOCATE THE FOLLY BEACH PUBLIC OYSTER GROUND.

RULE 5.12 WAIVED

Rep. J. BAILEY moved to waive Rule 5.12, which was agreed to by a division vote of 5 to 0.

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

HOUSE RESOLUTION

The following was introduced:

H. 5219 -- Rep. Simrill: A HOUSE RESOLUTION TO COMMEND THE NORTHWESTERN HIGH SCHOOL BANDS OF ROCK HILL, SOUTH CAROLINA, AND BAND DIRECTOR BENNY FERGUSON FOR THE MANY AWARDS AND HONORS BESTOWED UPON THE MARCHING AND CONCERT BANDS DURING THE 1993-94 SCHOOL YEAR.

The Resolution was adopted.

ROLL CALL

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

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

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, May 18.

James P. Harrelson                Joseph B. Wilder
Kenneth Kennedy                   Ronald P. Townsend
Joseph T. McElveen, Jr.           Richard M. Quinn, Jr.
Olin R. Phillips                  Jerry N. Govan, Jr.
Timothy F. Rogers                 Stephen E. Gonzales
Gilda Cobb-Hunter                 Larry L. Elliott
C. Lenoir Sturkie                 Ralph W. Canty
H. Howell Clyborne, Jr.
Total Present--123

LEAVE OF ABSENCE

The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence.

STATEMENT OF ATTENDANCE

Reps. HARVIN and McLEOD signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, May 17.

DOCTORS OF THE DAY

Announcement was made that Dr. Peter Hyman of Florence and Dr. Kenneth Varley of Columbia are the Doctors of the Day for the General Assembly.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the session on Thursday, March 25, 1993.

Rep. M.O. ALEXANDER

STATEMENT FOR THE JOURNAL

I inadvertently failed to sign in after roll call on Thursday, March 25, 1993, even though I was present and voted on other roll call votes that day.

Rep. M.O. ALEXANDER

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 18, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it requests the return of S. 1409:
S. 1409 -- Senators McConnell and Passailaigue: A BILL TO RELOCATE THE FOLLY BEACH PUBLIC OYSTER GROUND.
Very respectfully,
President

S. 1409--RETURNED TO SENATE

On motion of Rep. J. BAILEY, the Bill was ordered returned to the Senate.

LEAVE OF ABSENCE

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

S. 1403--DEBATE ADJOURNED

Rep. HODGES moved to adjourn debate upon the following Bill until Tuesday, May 24, which was adopted.

S. 1403 -- Senator Gregory: A BILL TO PROHIBIT THE CITY OF LANCASTER FROM DISCONTINUING SEWER SERVICE TO A PERSON WHO CHOOSES TO DISCONNECT FROM THAT MUNICIPALITY'S WATER SYSTEM AND PROHIBIT THE CITY OF LANCASTER FROM CHARGING AN ASSESSMENT OR FEE TO FORMER CUSTOMERS LOCATED OUTSIDE ITS CORPORATE LIMITS; AND TO EXEMPT FROM REGULATION GROUNDWATER WELLS LOCATED OUTSIDE OF THE CITY OF LANCASTER FOR USE AS A PERSON'S ONLY SOURCE OF WATER.

ORDERED ENROLLED FOR RATIFICATION

The following Bill 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. 712 -- Senator Hayes: A BILL TO AMEND SECTION 43-45-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMUNITY ECONOMIC OPPORTUNITY ACT OF 1983, ADMINISTERING AGENCY, AND DUTIES AND FUNCTIONS, SO AS TO DELETE THE PROVISIONS RELATING TO THE DUTY OF PRESCRIBING THE PERSONNEL PROCEDURES AND FINANCIAL SYSTEMS UNDER WHICH EACH COMMUNITY-BASED ORGANIZATION RECEIVING FUNDS UNDER CHAPTER 45 OF TITLE 43 MUST OPERATE AND RELATING TO THE DUTY OF REVIEWING AND APPROVING ALL BYLAWS FOR ORGANIZATIONS RECEIVING FUNDS UNDER THAT CHAPTER.

S. 1308 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION, RELATING TO FAILURE TO APPEAR AT HEARINGS BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD, DESIGNATED AS REGULATION DOCUMENT NUMBER 1743, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

RETURNED TO THE SENATE WITH AMENDMENT

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

S. 73 -- Senator Rose: A BILL TO AMEND CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 SO AS TO ALLOW THE QUALIFIED ELECTORS OF A COUNTY WITHOUT A RECREATION DISTRICT TO CREATE A RECREATION DISTRICT, TO AUTHORIZE THE MAXIMUM TAX MILLAGE FOR THE OPERATION OF THE DISTRICT, AND TO PROVIDE FOR THE CREATION OF A COMMISSION WITH CERTAIN POWERS AND DUTIES.

S. 1251 -- Senators Giese and Wilson: A BILL TO AMEND SECTION 12-45-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME FOR PAYING PROPERTY TAXES AND THE MANNER OF COLLECTION OF THESE TAXES, SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO ALLOW THE PAYMENT OF PROPERTY TAXES ON AN INSTALLMENT BASIS IN HARDSHIP CASES, TO DEFINE HARDSHIP CASES, AND TO PROVIDE THAT THE COUNTY TREASURER SHALL DETERMINE ELIGIBILITY ON A CASE-BY-CASE BASIS.

S. 778 -- Senator Setzler: A BILL TO AMEND SECTION 59-1-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM HOURS AND USE OF THE SCHOOL DAY, SO AS TO PROVIDE THAT THE REQUIRED INSTRUCTIONAL DAY OF SIX HOURS MAY ALSO CONSIST OF A WEEKLY EQUIVALENT AND TO PROVIDE AN APPROVAL PROCEDURE FOR THE EARLY DISMISSAL OF SCHOOLS NECESSITATED BY EMERGENCY CONDITIONS AND THAT THE DAYS MISSED ARE NOT REQUIRED TO BE MADE UP IF THE EARLY DISMISSAL IS APPROVED.

H. 5028--DEBATE ADJOURNED

Rep. LANFORD moved to adjourn debate upon the following Bill until Thursday, May 19, which was adopted.

H. 5028 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 20-7-5910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO ADD A FORENSIC PATHOLOGIST AND TWO MEMBERS AT LARGE; TO AMEND SECTION 20-7-5915, RELATING TO DUTIES OF THE STATE LAW ENFORCEMENT DIVISION, DEPARTMENT OF CHILD FATALITIES, SO AS TO PROVIDE THAT AN AUTOPSY MUST BE PERFORMED BY A PATHOLOGIST WITH FORENSIC TRAINING RATHER THAN BY A FORENSIC PATHOLOGIST; AND TO AMEND SECTION 17-5-275, RELATING TO AN INSPECTION OF A HOME IN WHICH A CHILD FATALITY OCCURRED SO AS TO PROVIDE THAT THE PETITION MAY BE MADE TO AND AN INSPECTION WARRANT ISSUED BY A LOCAL MAGISTRATE RATHER THAN THE CIRCUIT COURT.

S. 48--DEBATE ADJOURNED

Rep. HOUCK moved to adjourn debate upon the following Bill until Thursday, May 19, which was adopted.

S. 48 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-115-15 SO AS TO ADD THE DEFINITION OF "HEALTH CARE PROVIDER"; AND TO AMEND TITLE 44, CHAPTER 115, RELATING TO THE PHYSICIANS' PATIENT RECORDS ACT, SO AS TO CHANGE THIS CHAPTER TO THE "PATIENT MEDICAL RECORDS ACT" AND TO CHANGE REFERENCES FROM "PHYSICIAN" TO "HEALTH CARE PROVIDER" THROUGHOUT THE CHAPTER.

S. 1262--DEBATE ADJOURNED

Rep. WILKINS moved to adjourn debate upon the following Bill until Thursday, May 19, which was adopted.

S. 1262 -- Senators Giese, Land, Ford, Glover, Waldrep, Moore and Jackson: A BILL TO AMEND SECTION 24-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FURLOUGHS FOR QUALIFIED INMATES OF THE STATE PRISON SYSTEM, SO AS TO PROHIBIT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS FROM EXTENDING THE BENEFITS OF THIS SECTION TO A PERSON CONVICTED OF A VIOLENT CRIME AS DEFINED IN SECTION 16-1-60 UNLESS, WHERE APPLICABLE, THE VICTIM OF THE CRIME FOR WHICH THE OFFENDER IS CHARGED, OR THE RELATIVES OF THE VICTIM, THE LAW ENFORCEMENT AGENCY WHICH EMPLOYED THE ARRESTING OFFICER OF THE OFFENDER, AND THE SOLICITOR IN WHOSE CIRCUIT THE OFFENDER WAS CONVICTED RECOMMEND IN WRITING THAT THE OFFENDER BE ALLOWED TO PARTICIPATE IN THE FURLOUGH PROGRAM IN THE COMMUNITY WHERE THE OFFENSE WAS COMMITTED.

ORDERED TO THIRD READING

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

S. 1309 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, DEPARTMENT OF LABOR, LICENSING, AND REGULATION, RELATING TO SANITARY AND SAFETY RULES FOR SALONS AND SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1732, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 5159 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF CHIROPRACTIC EXAMINERS, DEPARTMENT OF LABOR, LICENSING, AND REGULATION, RELATING TO CORRECTION OF TERMINOLOGY INCONSISTENCIES REGARDING THERAPEUTIC MODALITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1758, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 5187 -- Reps. D. Smith, Tucker and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-45 SO AS TO CREATE THE STATE HOUSE PRESERVATION FUND TO CONSIST OF PUBLIC AND PRIVATE CONTRIBUTIONS TO PRESERVE, RENOVATE, AND MAINTAIN THE STATE CAPITOL BUILDING AND GROUNDS.

S. 1336--DEBATE ADJOURNED

Rep. HODGES moved to adjourn debate upon the following Bill until Thursday, May 19, which was adopted.

S. 1336 -- Corrections and Penology Committee: A BILL TO AMEND SECTION 24-13-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISONERS AND DEFINITIONS UNDER THE "HOME DETENTION ACT", SO AS TO MAKE CHANGES TO THE DEFINITIONS OF "COURT" AND "PARTICIPANT"; TO AMEND SECTION 24-13-1530, RELATING TO PRISONERS AND CORRECTIONAL PROGRAMS FOR WHICH HOME DETENTION MAY BE SUBSTITUTED, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT LOCAL GOVERNMENTS MAY ESTABLISH BY ORDINANCE A CERTAIN ALTERNATIVE TO INCARCERATION FOR PERSONS WHO ARE AWAITING TRIAL AND FOR OFFENDERS WHOSE SENTENCES DO NOT PLACE THEM IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-13-1560, RELATING TO THE USE OF AN ELECTRONIC MONITORING DEVICE UNDER THE "HOME DETENTION ACT", SO AS TO PROVIDE THAT THE PARTICIPANT'S USE OF SUCH A DEVICE IS CONDITIONED UPON BEING INSTRUCTED TO USE THE DEVICE; AND TO AMEND SECTION 24-13-1590, AS AMENDED, RELATING TO THE PROVISION THAT THE "HOME DETENTION ACT" IS NOT APPLICABLE TO CONTROLLED SUBSTANCES OFFENDERS AND TO THE PROVISION THAT PROBATION AND PAROLE AUTHORITY IS NOT DIMINISHED BY ANY OF THE PROVISIONS OF THE "HOME DETENTION ACT", SO AS TO DEFINE FURTHER AND LIMIT THE TYPE OF CONTROLLED SUBSTANCES OFFENDER TO WHOM THE "HOME DETENTION ACT" DOES NOT APPLY.

H. 5158--DEBATE ADJOURNED

Rep. J. BAILEY moved to adjourn debate upon the following Bill until Wednesday, May 25, which was adopted.

H. 5158 -- Rep. Kirsh: A BILL TO AMEND SECTION 51-13-860 OF THE 1976 CODE, RELATING TO THE LOAN AUTHORIZED FOR THE SETTLEMENT OF CLAIMS AGAINST PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO REDUCE THE MAXIMUM AUTHORIZED AMOUNT FROM SIX MILLION DOLLARS TO FIVE MILLION SIX HUNDRED THOUSAND DOLLARS AND TO PROVIDE FOR THE TRANSFER OF FOUR HUNDRED THOUSAND DOLLARS OF THE LOAN PROCEEDS HELD BY THE STATE BUDGET AND CONTROL BOARD TO THE ECONOMIC DEVELOPMENT ACCOUNT.

H. 5163--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 5163 -- Reps. J. Bailey and Holt: A BILL TO PROVIDE THAT THE APPOINTMENT AND BUDGETARY REVIEW POWERS OF THE CHARLESTON COUNTY LEGISLATIVE DELEGATION IN REGARD TO THE AREA COMMISSION FOR THE BERKELEY-CHARLESTON-DORCHESTER TECHNICAL EDUCATION CENTER ARE DEVOLVED UPON THE CHARLESTON COUNTY COUNCIL.

Reps. WOFFORD, H. BROWN and WILLIAMS proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20883SD.94), which was adopted.

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

/SECTION     .     Notwithstanding any other provision of law, the appointment and budgetary review powers of the Berkeley County Legislative Delegation in regard to the Area Commission for the Berkeley-Charleston-Dorchester Technical Education Center are hereby devolved upon the Berkeley County Council./

Renumber sections to conform.

Amend totals and title to conform.

    Reps. G. BAILEY, COBB-HUNTER, A. YOUNG, HUTSON and HARRELL proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\20882SD.94), which was adopted.

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

/SECTION     .     Notwithstanding any other provision of law, the appointment and budgetary review powers of the Dorchester County Legislative Delegation in regard to the Area Commission for the Berkeley-Charleston-Dorchester Technical Education Center are hereby devolved upon the Dorchester County Council./

Renumber sections to conform.

Amend totals and title to conform.

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

S. 1138--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

S. 1138 -- Senators J. Verne Smith, Courson and Bryan: A JOINT RESOLUTION TO PROVIDE THAT THE HUMAN SERVICES COORDINATING COUNCIL SHALL APPOINT AN ADVISORY COMMITTEE ON THE FUTURE OF PUBLIC HEALTH IN SOUTH CAROLINA, TO PROVIDE THE MEMBERSHIP AND PURPOSE OF THAT ADVISORY COMMITTEE, AND TO PROVIDE FOR ITS DISSOLUTION UPON COMPLETION OF ITS WORK.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\16149AC.94), which was adopted.

Amend the joint resolution, as and if amended, Section 1, by deleting item (1) and inserting:

/(1)     six must be faculty members from any of the state-supported institutions of higher learning in South Carolina and of these, two members must be well qualified minority individuals./

Amend title to conform.

Rep. HOUCK explained the amendment.

The amendment was then adopted.

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

H. 5179--DEBATE ADJOURNED

Rep. COOPER moved to adjourn debate upon the following Bill until Thursday, May 19, which was adopted.

H. 5179 -- Rep. Cooper: A BILL TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO THE BOUNDARIES OF WESTERN CAROLINA REGIONAL SEWER AUTHORITY, IS FURTHER AMENDED SO AS TO ADD A NEW AREA TO THE DISTRICT.

H. 5180--OBJECTIONS

The following Joint Resolution was taken up.

H. 5180 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1682, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

PARLIAMENTARY INQUIRIES

Rep. WILKES inquired whether the Joint Resolution was the one dealing with the regulations approved by the Department of Health and Environmental Control which were submitted to the House Agricultural, Natural Resources and Environmental Affairs Committee and passed out favorably by a vote of 16-2 or was it the regulations that since then DHEC had withdrawn and resubmitted.

The SPEAKER inquired which ones had been voted on in committee.

Rep. WILKES stated that the committee had voted on the regulations originally submitted allowing the five options for financial assurance.

The SPEAKER stated that he assumed that was what this regulation dealt with.

Rep. HUFF inquired about the subject matter of the resolution and the date.

The SPEAKER stated that this was what the committee voted on and it was the original version.

Rep. WILKES inquired about these regulations taking effect on May 11, 1994. He further stated that they had not been printed at the State Register and he requested that they be printed.

The SPEAKER stated that he did not have any authority over the State Register and that it was under the Code Commissioner and Legislative Council.

Rep. HUFF moved to adjourn debate upon the Joint Resolution until Tuesday, May 24, which was rejected by a division vote of 5 to 24.

PARLIAMENTARY INQUIRIES

Rep. HASKINS inquired about the regulations being the original ones before DHEC attempted to withdraw them and amend them.

The SPEAKER stated that the committee resolution stated that it was to approve regulations of DHEC relating to hazardous waste management designated as Regulation Document No. 1682.

Rep. HASKINS stated that the copy of Document No. 1682 was the one which had been attempted to be amended by DHEC after the action of the committee which would be a state agency amending the resolution of the committee and that they did not have the authority to do that.

The SPEAKER stated that Document No. 1682 was included in the resolution but that it did not have a date on it.

Rep. HASKINS stated that the question was whether Document No. 1682 had been altered since the committee took action on it and if so, then it violated the Administrative Procedures Act.

The SPEAKER stated that that was a question for the court to decide and not the Speaker.

Rep. WILKES inquired about what the House was voting on and whether it was the original regulations or the ones withdrawn and resubmitted.

The SPEAKER questioned when it was withdrawn.

Rep. WILKES stated that it was withdrawn about 15 minutes after the full committee voted it out.

The SPEAKER stated that it did not change the action of the committee. He further stated that he assumed that what was attached to the joint resolution when the House received it was the original version of the regulation.

Rep. WILKES then stated that Document No. 1682 that Mr. Haskins had was not the one being voted on.

The SPEAKER stated that he had not seen that, but that the House was voting on the version attached to the resolution.

Rep. WILKES explained the Joint Resolution.

POINTS OF ORDER

Rep. HASKINS raised the Point of Order that the Joint Resolution was improperly before the House under the Administrative Procedures Act in that the regulation went into effect on May 11, 1994. He further stated that they had been received by the Lt. Governor and the Speaker on December 17, 1993, and the 120 day review period expired on May 11, 1994, and the only thing that would have extended that time period would have been if the agency had properly withdrawn the amendments prior to the action by the committee and that was in accordance with Section 1-23-125 which provides the only method for an agency to withdraw a regulation was at the request of a committee and further provided the only time that an agency can withdraw was prior to the time the committee resolution approving or disapproving had been introduced. He further stated that in this case, the agency attempted to withdraw the regulation after the committee had already taken action to propose a resolution approving the regulation. He further stated that the withdrawal was invalid and therefore, the regulation as originally drafted became law on May 11, 1994, and this resolution was improperly before the House.

Rep. WILKES stated that the resolution was still on the Calendar and if the House approved of the regulation that went into effect on May 11, 1994, then it still needed to pass this out.

Rep. HASKINS stated that under Section 1-23-125, the procedure was laid out whereby an agency can withdraw regulations. He further stated that the regulation had already gone into effect.

The SPEAKER stated that he could not find anything that stated that it should come off of the Calendar or that the body cannot debate it once it becomes law and he overruled the Point of Order.

Rep. McELVEEN further raised the Point of Order that the Joint Resolution was improperly before the House in that the regulation had been withdrawn by DHEC before it was received by the Clerk of the House.

The SPEAKER stated that he could not tell that from the documents he had and he overruled the Point of Order.

Rep. WILKES continued speaking.

Rep. HASKINS spoke in favor of the Joint Resolution.

Rep. McELVEEN moved to table the Joint Resolution and demanded the yeas and nays, which were taken resulting as follows:

Yeas 14; Nays 69

Those who voted in the affirmative are:

Bailey, J.             Baxley                 Breeland
Brown, G.              Cobb-Hunter            Hallman
Harrelson              Holt                   Houck
Keyserling             McElveen               McLeod
McTeer                 Waites

Total--14

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Baker                  Beatty
Boan                   Brown, H.              Carnell
Cato                   Chamblee               Cooper
Corning                Davenport              Delleney
Fair                   Felder                 Fulmer
Gamble                 Graham                 Harris, P.
Harrison               Haskins                Hines
Huff                   Hutson                 Jennings
Keegan                 Kelley                 Kirsh
Klauber                Lanford                Law
Littlejohn             Marchbanks             McAbee
McMahand               Meacham                Neilson
Phillips               Quinn                  Riser
Robinson               Rudnick                Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Snow                   Spearman
Stille                 Stone                  Stuart
Thomas                 Trotter                Tucker
Vaughn                 Waldrop                Walker
Wells                  Whipper                Wilder, J.
Wilkes                 Wilkins                Wofford
Wright                 Young, A.              Young, R.

Total--69

So, the House refused to table the Resolution.

Reps. McLEOD, G. BROWN, KEYSERLING, BAXLEY, COBB-HUNTER and McELVEEN objected to the Resolution.

S. 1345--DEBATE ADJOURNED

Rep. HINES moved to adjourn debate upon the following Bill until Thursday, May 19, which was adopted.

S. 1345 -- Senator Saleeby: A BILL TO AMEND SECTION 4-9-39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFER OF ASSETS OF FORMER LIBRARIES, SO AS TO DELETE THE PROVISION REQUIRING SUCH TRANSFERRED ASSETS AND PROPERTY TO BE USED EXCLUSIVELY FOR LIBRARY PURPOSES.

S. 1377--DEBATE ADJOURNED

Rep. J. BAILEY moved to adjourn debate upon the following Bill until Wednesday, May 25, which was adopted.

S. 1377 -- Senators Washington and Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 TO TITLE 59 SO AS TO CREATE THE BEAUFORT-JASPER HIGHER EDUCATION COMMISSION AND PROVIDE FOR ITS MEMBERSHIP, MEETINGS, AUTHORITY, AND DUTIES; TO REPEAL ACT 90 OF 1959 RELATING TO THE BEAUFORT COUNTY HIGHER EDUCATION COMMISSION; AND TO PROVIDE FOR FINAL AND INITIAL TERMS.

H. 5188--DEBATE ADJOURNED

Rep. QUINN moved to adjourn debate upon the following Bill until Tuesday, May 24, which was adopted.

H. 5188 -- Rep. Quinn: A BILL TO PROVIDE THAT OF THE SEVEN MEMBERS OF THE TRUSTEES OF SCHOOL DISTRICT NUMBER 5 IN LEXINGTON AND RICHLAND COUNTIES, FOUR MUST RESIDE IN LEXINGTON COUNTY AND THREE MUST RESIDE IN RICHLAND COUNTY, TO PROVIDE THAT ALL MUST BE ELECTED FROM ELECTION SEATS WHICH ARE NUMBERED ONE THROUGH SEVEN, DECLARE THE MOST RECENTLY FILLED SEAT FOR AN UNEXPIRED TERM BY THE LEXINGTON COUNTY BOARD OF EDUCATION VACANT AND REQUIRE THAT IT MUST BE FILLED BY A QUALIFIED ELECTOR OF RICHLAND COUNTY AT AN ELECTION TO BE CONDUCTED AT THE TIME OF THE GENERAL ELECTION.

H. 4402--OBJECTION WITHDRAWN

Rep. CORNING withdrew his objection to H. 4402 however, other objections remained upon the Joint Resolution.

H. 3421--OBJECTION WITHDRAWN

Rep. CORNING withdrew his objection to H. 3421 however, other objections remained upon the Bill.

H. 4664--OBJECTION WITHDRAWN

Rep. CORNING withdrew his objection to H. 4664 however, other objections remained upon the Bill.

H. 4709--OBJECTIONS WITHDRAWN

Reps. HARRELL, FULMER and HOLT withdrew their objections to H. 4709 however, other objections remained upon the Bill.

S. 497--OBJECTIONS WITHDRAWN

Reps. D. SMITH, LANFORD, BEATTY and WELLS withdrew their objections to the following Bill.

S. 497 -- Senator Bryan: A BILL TO AMEND SECTION 8-21-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PROBATE COURT FEES AND COSTS, SO AS TO REVISE THESE FEES AND COSTS; TO AMEND SECTION 8-21-790, RELATING TO FEES FOR SETTLEMENT OF ESTATES, SO AS TO DELETE LANGUAGE AUTHORIZING THE TAX COMMISSION TO RETAIN CERTAIN OF THESE FEES; TO AMEND SECTION 20-1-230, RELATING TO THE ISSUANCE OF MARRIAGE LICENSES, SO AS TO REVISE A REFERENCE TO THE FEE FOR MARRIAGE LICENSES; AND TO REPEAL SECTION 8-21-780, RELATING TO FEES OF THE PROBATE COURT FOR PROVIDING COPIES OF CERTAIN STATEMENTS, AND SECTION 15-37-70, RELATING TO COSTS AND EXPENSES OF ADMINISTRATION AND SETTLEMENT OF SMALL ESTATES.

H. 4709--OBJECTIONS WITHDRAWN

Reps. WITHERSPOON, KELLEY and KEEGAN withdrew their objections to the following Bill.

H. 4709 -- Reps. Phillips, McKay, Kinon and Harwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-9-250 SO AS TO PROVIDE THAT IMPROVEMENTS TO PROPERTY LOCATED WITHIN A FIVE-MILE PERIMETER AROUND A PUBLICLY-OWNED AIRPORT RECEIVING STATE FUNDS MUST BE APPROVED BY THE GOVERNING BODY CHARGED BY LAW WITH THE OPERATION OF THE AIRPORT IF THE IMPROVEMENT CONSTITUTES A HAZARD TO AVIATION.

H. 3345--OBJECTION WITHDRAWN

Rep. G. BROWN withdrew his objection to H. 3345 however, other objections remained upon the Bill.

H. 3999--OBJECTION WITHDRAWN

Rep. KENNEDY withdrew his objection to H. 3999 however, other objections remained upon the Bill.

H. 3958--OBJECTION WITHDRAWN

Rep. HASKINS withdrew his objection to H. 3958 however, other objections remained upon the Bill.

H. 4691--MOTION TO RECONSIDER TABLED

The motion of Rep. QUINN to reconsider the vote whereby the Senate amendments on the following Bill were amended by Amendment No. 8 were taken up.

H. 4691 -- Ways and Means Committee: A BILL MAKING APPROPRIATIONS FROM FISCAL YEAR 1992-93 SURPLUS GENERAL FUND REVENUES AND TO REPEAL SECTION 12-47-447, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF TAX REFUNDS.

Rep. SHARPE moved to table the motion to reconsider, which was agreed to.

H. 4691--MOTION TO RECONSIDER TABLED

The motion of Rep. MOODY-LAWRENCE to reconsider the vote whereby the Senate amendments on the following Bill were amended by Amendment No. 10 were taken up.

H. 4691 -- Ways and Means Committee: A BILL MAKING APPROPRIATIONS FROM FISCAL YEAR 1992-93 SURPLUS GENERAL FUND REVENUES AND TO REPEAL SECTION 12-47-447, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF TAX REFUNDS.

Rep. SHARPE moved to table the motion to reconsider, which was agreed to.

S. 1378--RECALLED FROM THE
COMMITTEE ON EDUCATION AND PUBLIC WORKS

On motion of Rep. PHILLIPS, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Education and Public Works.

S. 1378 -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO OUTDOOR ADVERTISING AND THE HIGHWAY ADVERTISING CONTROL ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1764, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1379--RECALLED FROM THE
COMMITTEE ON EDUCATION AND PUBLIC WORKS

On motion of Rep. PHILLIPS, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Education and Public Works.

S. 1379 -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO SPECIFIC INFORMATION SERVICE SIGNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1767, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

OBJECTION TO RECALL

Rep. WELLS asked unanimous consent to recall H. 4530 from the Committee on Ways and Means.

Rep. KIRSH objected.

OBJECTION TO RECALL

Rep. WALKER asked unanimous consent to recall S. 1315 from the Committee on Agriculture, Natural Resources and Environmental Affairs.

Rep. WELLS objected.

S. 699--RECALLED FROM THE
COMMITTEE ON WAYS AND MEANS

On motion of Rep. WILKES, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.

S. 699 -- Senator Land: A BILL TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE TERMS AND CONDITIONS UNDER WHICH THE CREDITS MAY BE USED BY A SUCCESSOR CORPORATION FOLLOWING A MERGER, CONSOLIDATION, OR REORGANIZATION WHERE TAX ATTRIBUTES SURVIVE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-1645 SO AS TO AUTHORIZE THE FILING OF A CONSOLIDATED CORPORATE INCOME TAX RETURN AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH SUCH RETURNS MAY BE FILED.

H. 5218--RECALLED FROM THE
COMMITTEE ON EDUCATION AND PUBLIC WORKS

On motion of Rep. McABEE, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.

H. 5218 -- Rep. McAbee: A BILL TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM S33-266 IN McCORMICK COUNTY.

S. 1358--RECALLED FROM THE
COMMITTEE ON WAYS AND MEANS

On motion of Rep. MATTOS, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.

S. 1358 -- Senators Leatherman, J. Verne Smith, Glover, Martin, Matthews, McGill and Peeler: A BILL TO AMEND SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME WITHHOLDING FOR CHILD SUPPORT BY ADDING SECTIONS 20-7-1200, 20-7-1210, 20-7-1220, 20-7-1230, 20-7-1240, 20-7-1250, 20-7-1260, 20-7-1270, AND 20-7-1280, SO AS TO PROVIDE PROCEDURES FOR MEDICAL CHILD SUPPORT AND INCOME WITHHOLDING, INCLUDING PROVISIONS REQUIRED IN A COURT ORDER IF A PARENT IS REQUIRED TO PROVIDE HEALTH COVERAGE; EMPLOYERS' AND HEALTH INSURERS' OBLIGATIONS UPON RECEIPT OF AN ORDER REQUIRING A PARENT TO PROVIDE HEALTH COVERAGE, INCLUDING THE WITHHOLDING OF WAGES FOR THE COST OF HEALTH INSURANCE PREMIUMS; AUTHORITY FOR THE STATE MEDICAID AGENCY TO SEEK INCOME WITHHOLDING FOR REIMBURSEMENT FOR EXPENDITURES ON BEHALF OF A CHILD; THE PRIORITY OF MEDICAL INCOME WITHHOLDING OVER OTHER LEGAL PROCESSES; PROHIBITING AN EMPLOYER FROM TAKING ACTION AGAINST AN EMPLOYEE BECAUSE OF AN INCOME WITHHOLDING ORDER FOR HEALTH COVERAGE AND PENALTIES; BY ADDING SECTION 38-71-143 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH HEALTH INSURANCE COVERAGE MUST BE PROVIDED FOR AN ADOPTED CHILD OR A CHILD PLACED FOR ADOPTION; BY ADDING SECTION 38-71-245 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH A HEALTH INSURER IS PROHIBITED FROM DENYING A CHILD ENROLLMENT IN A HEALTH PLAN; BY ADDING SECTION 38-71-250 SO AS TO REQUIRE A HEALTH INSURER TO ENROLL A CHILD AND PROVIDE COVERAGE IF THE CHILD'S PARENT IS ORDERED TO PROVIDE COVERAGE AND IS ELIGIBLE FOR FAMILY COVERAGE; BY ADDING SECTION 38-71-255 SO AS TO PROHIBIT A HEALTH INSURER FROM TREATING THE STATE MEDICAID AGENCY DIFFERENTLY FROM OTHER INDIVIDUALS IF THE AGENCY HAS BEEN ASSIGNED THE RIGHTS OF A PERSON COVERED UNDER THE INSURED'S PLAN; BY ADDING SECTION 38-71-260 SO AS TO REQUIRE A HEALTH INSURER TO PROVIDE CERTAIN INFORMATION AND RIGHTS TO A NONCUSTODIAL PARENT WHO PROVIDES COVERAGE OF THEIR CHILD THROUGH THAT INSURER; BY ADDING SECTION 38-71-265 SO AS TO PROHIBIT AN INSURER FROM CONSIDERING A PERSON'S ELIGIBILITY FOR MEDICAID WHEN ENROLLING A PERSON OR MAKING PAYMENTS UNDER ITS PLAN AND TO ASSIGN THE RIGHTS TO THE STATE FOR THIRD PARTY REIMBURSEMENT WHEN THE STATE HAS MADE PAYMENTS UNDER MEDICAID ON BEHALF OF A PERSON; AND BY ADDING SECTION 43-7-460 SO AS TO DIRECT THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO SEEK RECOVERY FROM THE ESTATE OF A PERSON FOR WHOM MEDICAL ASSISTANCE WAS PAID FOR UNDER MEDICAID AND TO PROVIDE CERTAIN CONDITIONS AND PROCEDURES FOR SEEKING THE RECOVERY; TO AMEND SECTION 43-7-410, RELATING TO DEFINITIONS PERTAINING TO REIMBURSEMENT FOR MEDICAID SERVICES, SO AS TO REVISE THE DEFINITION OF "PRIVATE INSURER"; TO AMEND SECTION 43-7-440, RELATING TO THE ENFORCEMENT AND ASSIGNMENT OF RIGHTS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION AND INSURANCE CONTRACT RIGHTS OF MEDICAID RECIPIENTS, SO AS TO PROHIBIT AN ISSUER FROM TAKING INTO ACCOUNT THAT AN APPLICANT IS ELIGIBLE FOR MEDICAID AND TO PROVIDE THAT THE STATE ACQUIRES THE RIGHTS OF AN INDIVIDUAL FOR MEDICAL PAYMENTS WHEN THE PERSON RECEIVED MEDICAL ASSISTANCE PAID FOR UNDER MEDICAID; TO AMEND SECTION 62-3-805, RELATING TO CLASSIFICATION OF CREDITORS' CLAIMS FROM A DECEDENT'S ESTATE, SO AS TO INCLUDE MEDICAL ASSISTANCE PAID FOR UNDER MEDICAID; TO DESIGNATE SECTIONS 20-7-1315 THROUGH 20-7-1329 AS PART II, SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20 ENTITLED "INCOME WITHHOLDING TO ENFORCE SUPPORT OBLIGATIONS"; AND TO RENAME SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20 "INCOME WITHHOLDING".

S. 1284--RECALLED FROM THE
COMMITTEE ON WAYS AND MEANS

On motion of Rep. BOAN, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.

S. 1284 -- Senator Hayes: A BILL TO AMEND SECTION 4-29-68, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL SOURCE REVENUE BONDS, SO AS TO CLARIFY THAT REVENUES RECEIVED AND RETAINED BY A COUNTY, MUNICIPALITY, OR SPECIAL PURPOSE DISTRICT FROM A PAYMENT IN LIEU OF TAXES PURSUANT TO THE PROVISIONS OF SECTION 4-1-170, 4-29-60, OR 4-29-67 AND THESE REVENUES ARE DERIVED IN WHOLE OR IN PART FROM A REDEVELOPMENT PROJECT AREA ESTABLISHED PURSUANT TO CHAPTER 6, TITLE 31, SHALL ALLOCATE THE REVENUES IN ACCORDANCE WITH THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 31-6-70 AS IF THESE REVENUES REMAINED AD VALOREM TAXES, PROVIDE THAT ALL TAXES COLLECTED IN THE REDEVELOPMENT PROJECT AREA NOT SUBJECT TO THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO SECTION 31-6-70 BECOME PAYMENTS IN LIEU OF TAXES AND THE PORTION COLLECTED BY THE MUNICIPALITY MAY BE PLEDGED TO SECURE SPECIAL SOURCE REVENUE BONDS.

H. 4079--SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

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

H. 4079 -- Reps. Breeland, J. Brown, Govan, Hines, Whipper, Inabinett, White, Holt, Neal, Byrd, Keyserling, Cobb-Hunter and McMahand: A JOINT RESOLUTION TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF YOUTH SERVICES AND THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS TO PROVIDE ACCOMMODATIONS AND JOB TRAINING APPLICABLE TO CURRENT AND FUTURE JOB MARKETS TO NONVIOLENT OFFENDERS BETWEEN THE AGES OF FIFTEEN AND TWENTY-ONE; TO REQUIRE THESE AGENCIES TO EVALUATE FACILITIES VACATED BY BASE CLOSING FOR USE AS RESIDENTIAL FACILITIES; TO ENCOURAGE THE USE OF SHOCK INCARCERATION METHODS WITH THESE OFFENDERS; AND TO DIVERT FUNDS AND STAFFING FROM TRADITIONAL COMMITMENT AND INCARCERATION TO THIS PROGRAM.

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

SPEAKER PRO TEMPORE IN CHAIR
H. 4794--NONCONCURRENCE IN SENATE AMENDMENTS

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

H. 4794 -- Reps. Hodges, Sheheen, Jennings, Harrison, Huff, Martin and J. Wilder: A BILL TO AMEND SECTION 1-23-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT CONTESTED CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A SPECIAL HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 1-23-650, RELATING TO RULES GOVERNING THE ADMINISTRATION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE RULES SHALL BE ADOPTED BY THE DIVISION RATHER THAN PROMULGATED BY THE DIVISION; TO AMEND SECTION 61-1-10, AS AMENDED, RELATING TO THE APPOINTMENT OF ATTORNEYS TO ACT AS ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS, SO AS TO PROVIDE THAT HEARING OFFICERS SHALL BE APPOINTED FOR THESE CASES INITIATED BEFORE MAY 1, 1994; AND TO AMEND SECTION 61-1-55, RELATING TO THE TRANSFER OF THE DUTIES AND RESPONSIBILITIES OF ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS TO THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGE CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE, AND TO DELAY FROM MARCH 1, 1994, TO MAY 1, 1994, THE REPEAL OF CERTAIN PROVISIONS OF LAW RELATING TO THE APPOINTMENT OF THESE HEARING OFFICERS.

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

H. 4811--TABLED

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

H. 4811 -- Rep. G. Bailey: A BILL TO AMEND SECTION 61-3-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE CONDUCT OF OTHER BUSINESS IN RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO AUTHORIZE THE SALE OF NONALCOHOLIC ITEMS INSTEAD OF NONALCOHOLIC BEVERAGES PACKAGED TOGETHER WITH ALCOHOLIC LIQUORS AND TO REQUIRE THE PACKAGING AT THE ALCOHOLIC LIQUOR PRODUCER'S PLACE OF BUSINESS.

Rep. SHARPE moved to table the Bill.

SPEAKER IN CHAIR

Rep. G. BAILEY explained the Senate amendments.

Reps. RICHARDSON and KEEGAN spoke in favor of the Senate amendments.

Rep. SHARPE moved to table the Bill.

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

Yeas 67; Nays 21

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Bailey, J.             Baxley
Beatty                 Boan                   Brown, J.
Cato                   Chamblee               Cobb-Hunter
Cooper                 Davenport              Delleney
Farr                   Gamble                 Govan
Graham                 Harrelson              Harris, J.
Harwell                Hines                  Hodges
Holt                   Huff                   Hutson
Jaskwhich              Kennedy                Keyserling
Kinon                  Kirsh                  Lanford
Littlejohn             Marchbanks             Martin
Mattos                 McCraw                 McElveen
McKay                  McMahand               McTeer
Meacham                Neal                   Phillips
Richardson             Rogers                 Rudnick
Scott                  Sharpe                 Simrill
Smith, R.              Snow                   Spearman
Stille                 Stone                  Trotter
Vaughn                 Waites                 Waldrop
Walker                 White                  Wilder, D.
Wofford                Worley                 Wright
Young, A.

Total--67

Those who voted in the negative are:

Bailey, G.             Baker                  Brown, G.
Corning                Cromer                 Fulmer
Harrell                Keegan                 Kelley
Klauber                Law                    McAbee
Quinn                  Riser                  Robinson
Shissias               Stuart                 Sturkie
Thomas                 Witherspoon            Young, R.

Total--21

So, the Bill was tabled.

RECORD FOR VOTING

I was temporarily out of the Chamber to meet with a constituent. Had I have been present I would have voted in favor of H. 4811 (not to table).

Rep. C. ALEX HARVIN, III

Rep. DAVENPORT moved that the House recede until 2:30 P.M.

Rep. FAIR moved that the House do now adjourn.

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

Yeas 18; Nays 84

Those who voted in the affirmative are:

Baxley                 Beatty                 Breeland
Brown, J.              Davenport              Fair
Harris, J.             Marchbanks             Martin
McAbee                 McMahand               Phillips
Smith, D.              Whipper                Wilder, J.
Wilkes                 Wilkins                Young, R.

Total--18

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Askins                 Bailey, J.             Baker
Boan                   Brown, G.              Brown, H.
Byrd                   Cato                   Chamblee
Clyborne               Cobb-Hunter            Cooper
Corning                Cromer                 Delleney
Farr                   Fulmer                 Gamble
Gonzales               Govan                  Graham
Hallman                Harrell                Harrelson
Harrison               Harwell                Haskins
Hines                  Holt                   Houck
Huff                   Hutson                 Jaskwhich
Keegan                 Kelley                 Kennedy
Keyserling             Kinon                  Kirsh
Klauber                Lanford                Law
Littlejohn             Mattos                 McCraw
McElveen               McKay                  McLeod
McTeer                 Meacham                Neal
Quinn                  Rhoad                  Richardson
Riser                  Robinson               Rogers
Rudnick                Scott                  Sharpe
Sheheen                Simrill                Smith, R.
Spearman               Stille                 Stone
Stuart                 Sturkie                Thomas
Trotter                Tucker                 Vaughn
Waites                 Waldrop                Walker
Wells                  White                  Witherspoon
Wofford                Wright                 Young, A.

Total--84

So, the House refused to adjourn.

The question then recurred to the motion that the House recede until 2:30 P.M., which was rejected.

H. 4681--NONCONCURRENCE IN SENATE AMENDMENTS

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

H. 4681 -- Reps. McElveen, Sheheen, Wilkins, Phillips, McTeer, Rogers, Farr, McCraw, Shissias, J. Bailey, Meacham, G. Brown, Waites, Cobb-Hunter, Barber, Tucker, Houck, Martin, Kirsh, Wright, Moody-Lawrence, Chamblee, Stille, McLeod, Stoddard, Simrill, Sturkie, D. Wilder, Cooper, Townsend, Hodges, Stuart, Allison, Walker, Snow, Boan, Gamble, Vaughn, Jaskwhich, Delleney, Wells, Neilson, Haskins, Davenport, Hines, Littlejohn, Cato, Beatty, Robinson, Lanford and Jennings: A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994" SO AS TO ESTABLISH A SCHOOL-TO-WORK SYSTEM TO EQUIP ALL STUDENTS WITH RELEVANT ACADEMIC SKILLS, MARKETABLE OCCUPATIONAL SKILLS, AND APPROPRIATE WORK-PLACE BEHAVIORS, TO ACCOMPLISH THE ABOVE THROUGH REVISIONS IN ACADEMIC AND VOCATIONAL CURRICULUM, ESTABLISHMENT OF CAREER EXPLORATION AND COUNSELING INITIATIVES, AND A PROGRAM OF APPRENTICESHIPS, MENTORSHIPS, AND WORK-PLACE EXPERIENCES, TO PROVIDE THAT BEGINNING WITH THE 1995-96 SCHOOL YEAR AND UNDER CERTAIN CONDITIONS, COMPLETION OF APPLIED ACADEMIC COURSES IN MATHEMATICS, SCIENCE, AND COMMUNICATIONS SKILLS SHALL FULFILL HIGH SCHOOL COURSE PREREQUISITE REQUIREMENTS AS EQUIVALENT TO PRECOLLEGE CURRICULUM REQUIREMENTS FOR APPLICANTS TO FOUR-YEAR POST-SECONDARY INSTITUTIONS, TO ESTABLISH A COMMITTEE TO STUDY AND MAKE RECOMMENDATIONS CONCERNING STATE TAX CREDITS FOR WORK-BASED PROGRAMS, HOW TO MAXIMIZE GOVERNMENT AND PRIVATE FUNDING FOR EDUCATION, AND WORKERS' COMPENSATION, INSURANCE AND LIABILITY ISSUES RELATING TO THE SCHOOL-TO-WORK SYSTEM; AND TO AMEND SECTION 41-13-20, RELATING TO CHILD LABOR, SO AS TO PROVIDE THAT NO CHILD UNDER THE AGE OF EIGHTEEN DURING THE REGULAR SCHOOL YEAR MAY WORK MORE THAN TWENTY HOURS A WEEK AND TO PROVIDE EXCEPTIONS.

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

H. 4625--DEBATE ADJOURNED

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

H. 4625 -- Reps. Tucker, G. Bailey, Haskins, Harwell, J. Wilder, Davenport, Carnell, Hodges, D. Smith, Harrison, R. Young, Harvin, Gonzales and Graham: A BILL TO AMEND SECTION 9-8-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY AND RETIREMENT BENEFITS FOR MEMBERS OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO CONFORM THE ELIGIBILITY FOR ADDITIONAL BENEFITS BECAUSE OF LENGTH OF SERVICE FOR SOLICITORS TO THE YEARS OF SERVICE REQUIRED FOR A SOLICITOR TO BE ELIGIBLE TO RETIRE.

Rep. BOAN moved to adjourn debate upon the Senate amendments until Thursday, May 19, which was adopted.

H. 4780--SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

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

H. 4780 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-65 SO AS TO PROVIDE THAT A RESIDENT OF A NURSING HOME OF THIS STATE MAY CONTRACT WITH A PERSON NOT ASSOCIATED WITH THE NURSING HOME TO PERFORM CERTAIN SERVICES AND TO PROVIDE EXCEPTIONS.

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

H. 4460--SENATE AMENDMENTS AMENDED
AND RETURNED TO THE SENATE

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

H. 4460 -- Rep. McTeer: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING PRIOR SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT SERVICE CREDIT MAY BE ESTABLISHED FOR MATERNITY LEAVE AS PROVIDED BY LAW IF THE MEMBER APPLIED FOR REEMPLOYMENT WITHIN TWO YEARS OF GOING ON MATERNITY LEAVE AND WAS REHIRED WITHIN TWO AND ONE-HALF YEARS OF THE BEGINNING OF THE LEAVE.

Reps. TUCKER and WILKINS proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6098HTC.94), which was adopted.

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

/SECTION ___.     Section 1-11-730 of the 1976 Code, as added by Act 364 of 1992, is amended by adding an appropriately lettered subsection to read:

"( )     The director of the Division of Insurance Services of the State Budget and Control Board may waive the years of service requirements of subsection (C) in a hardship case."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. TUCKER explained the Senate amendment.

The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

H. 4775--INTERRUPTED DEBATE

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

H. 4775 -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4, CHAPTER 7, TITLE 44 SO AS TO ENACT THE HEALTH CARE COOPERATION ACT, WHICH PROVIDES FOR HEALTH CARE COOPERATIVE AGREEMENTS AND FOR THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CERTIFY, REGULATE, AND MONITOR THESE AGREEMENTS.

Rep. BOAN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\16283AC.94).

Amend the bill, as and if amended, by deleting Section 2 B.(2) on page 9, lines 18 and 19, and inserting /and filed to obtain a Certificate of Need for open heart surgical services before January 1, 1993; and/.

Renumber sections to conform.

Amend title to conform.

Rep. BOAN explained the amendment.

POINT OF ORDER

Rep. HOUCK raised the Point of Order that Amendment No. 1 was out of order as it was not germane to the original intent of the Bill.

The SPEAKER stated that he was probably correct in that the Senate amendment would not be germane to the House Bill but he could not control what the Senate did in its amendment process and when the Bill came back, Mr. BOAN's amendment was germane to the Senate amendment. He further stated that this amended the Senate amendment which was now a part of the Bill and it was germane to the Senate amendment and he overruled the Point of Order.

Rep. J. BROWN moved that the House recede until 2:00 P.M.

POINT OF ORDER

Rep. RUDNICK 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. BOAN continued speaking.

Rep. ROGERS spoke against the amendment.

Rep. LANFORD moved that the House recede until 2:15 P.M.

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

The motion to recede was agreed to by a division vote of 50 to 25.

Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 1, Rep. ROGERS having the floor.

THE HOUSE RESUMES

At 2:15 P.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

H. 4775--SENATE AMENDMENTS AMENDED
AND RETURNED TO THE SENATE

Debate was resumed on the Senate amendments to the following Bill, the pending question being the consideration of Amendment No. 1, Rep. ROGERS having the floor.

H. 4775 -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4, CHAPTER 7, TITLE 44 SO AS TO ENACT THE HEALTH CARE COOPERATION ACT, WHICH PROVIDES FOR HEALTH CARE COOPERATIVE AGREEMENTS AND FOR THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CERTIFY, REGULATE, AND MONITOR THESE AGREEMENTS.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, by Rep. BOAN.

Rep. ROGERS continued speaking.

Reps. SHARPE and KIRSH spoke in favor of the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 55; Nays 42

Those who voted in the affirmative are:

Alexander, T.C.        Allison                Bailey, G.
Baker                  Baxley                 Beatty
Boan                   Brown, H.              Cato
Chamblee               Clyborne               Davenport
Delleney               Felder                 Gamble
Graham                 Harris, J.             Hines
Hodges                 Huff                   Hutson
Jennings               Kirsh                  Klauber
Lanford                Marchbanks             Martin
Mattos                 McAbee                 McCraw
McLeod                 McMahand               Meacham
Neilson                Phillips               Rhoad
Riser                  Rudnick                Sharpe
Simrill                Smith, R.              Snow
Spearman               Stone                  Trotter
Tucker                 Vaughn                 Waldrop
Wells                  Wilder, D.             Wilder, J.
Wilkins                Wofford                Worley
Young, A.

Total--55

Those who voted in the negative are:

Alexander, M.O.        Bailey, J.             Barber
Breeland               Brown, J.              Byrd
Canty                  Cobb-Hunter            Cromer
Gonzales               Govan                  Harrell
Harris, P.             Harrison               Harwell
Houck                  Jaskwhich              Keegan
Kelley                 Kennedy                Keyserling
Kinon                  Koon                   Law
Littlejohn             Quinn                  Robinson
Rogers                 Scott                  Sheheen
Shissias               Stille                 Stoddard
Stuart                 Thomas                 Townsend
Waites                 Walker                 Whipper
White                  Witherspoon            Wright

Total--42

So, the amendment was adopted.

Rep. ROBINSON proposed the following Amendment No. 3, which was tabled.

Amend the bill, as and if amended, by deleting Section 2(A)(7) on page 9, lines 2, 3 and 4, and inserting / the findings and recommendations./

Rep. ROBINSON explained the amendment.

Rep. McLEOD moved to table the amendment, which was agreed to by a division vote of 40 to 21.

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

H. 4932--AMENDED, ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 4932 -- Reps. Jaskwhich, Phillips, Allison, Farr, Wright, Keegan, Kelley, Stille, Littlejohn, Byrd, Anderson, McMahand and Stuart: A CONCURRENT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY THE FEASIBILITY OF MANDATORY FULL-DAY PUBLIC KINDERGARTENS IN SOUTH CAROLINA, TO PROVIDE THAT THE MEMBERSHIP OF THE COMMITTEE SHALL BE APPOINTED BY THE STATE DEPARTMENT OF EDUCATION AND SHALL INCLUDE REPRESENTATIVES OF CERTAIN PUBLIC AND PRIVATE AGENCIES AND ENTITIES, AND TO PROVIDE THAT THE COMMITTEE SHALL REPORT ITS FINDINGS TO THE RESPECTIVE EDUCATION COMMITTEES OF THE GENERAL ASSEMBLY BY MARCH 1, 1995.

Amend title to conform.

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

That a committee to study the feasibility of mandatory full-day public kindergartens is established as follows:
(A)     The members of the committee shall be appointed by the Department of Education, and the department, in consultation with the House Education and Public Works Committee and the Senate Education Committee, shall include representatives from appropriate community and professional organizations or entities. The 1994 State Teacher of the Year shall also be a member of the committee and shall serve as its chair. The Department of Education shall provide staff support to the committee and it shall be convened no later than August 1, 1994.

(B)     The committee shall study the feasibility of mandatory full-day public kindergartens in South Carolina. The committee shall examine relevant research and review the varying effects of current programs in terms of teaching methods, staff training, developmental appropriateness of curricula, and generally in terms of how well public prekindergarten and kindergarten programs are working. The committee shall make recommendations about the following issues:

1.     the short-term and long-range effects of full-day kindergarten programs in terms of readiness for first grade;

2.     the effects of reducing the teacher-pupil ratios in kindergarten and the level of significance of various ratios;

3.     the effects of expanding three and four-year-old programs in terms of readiness for first grade;

4.     the extent of integration of 0-5 parenting programs with preschool and kindergarten programs both as a precursor to public preschool programs and as ongoing parental involvement and training in prekindergarten and kindergarten programs; and

5.     the effects of collaboration with Head Start and other preschool programs, and also with health and human service agencies.

(C)     The committee shall report its findings to the House Education and Public Works Committee and the Senate Education Committee by March 1, 1995, at which time it shall be dissolved.

(D)     Members of the committee shall receive the usual mileage, subsistence, and per diem paid by law to members of state boards, commissions, and committees to be paid from funds appropriated to the Department of Education.

Be it further resolved that a copy of this resolution be forwarded to the State Department of Education.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20776SD.94), which was adopted.

Amend the resolution, as and if amended, by striking subsection (A) which begins on line 27, page 1, and inserting:

/(A)     The members of the committee shall be appointed by the Department of Education, and the department, in consultation with the House Education and Public Works Committee and the Senate Education Committee, shall include representatives from appropriate community and professional organizations or entities. The 1994 State Teacher of the Year shall also be a member of the committee and shall serve as its chair. The Department of Education shall provide staff support to the committee and it shall be convened no later than August 1, 1994./

Renumber sections to conform.

Amend totals and title to conform.

Rep. JASKWHICH explained the amendment.

The amendment was then adopted.

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

S. 1284--RULE 5.12 WAIVED

Rule 5.12 was waived on the following recalled Bill by a division vote of 49 to 0.

S. 1284 -- Senator Hayes: A BILL TO AMEND SECTION 4-29-68, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL SOURCE REVENUE BONDS, SO AS TO CLARIFY THAT REVENUES RECEIVED AND RETAINED BY A COUNTY, MUNICIPALITY, OR SPECIAL PURPOSE DISTRICT FROM A PAYMENT IN LIEU OF TAXES PURSUANT TO THE PROVISIONS OF SECTION 4-1-170, 4-29-60, OR 4-29-67 AND THESE REVENUES ARE DERIVED IN WHOLE OR IN PART FROM A REDEVELOPMENT PROJECT AREA ESTABLISHED PURSUANT TO CHAPTER 6, TITLE 31, SHALL ALLOCATE THE REVENUES IN ACCORDANCE WITH THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 31-6-70 AS IF THESE REVENUES REMAINED AD VALOREM TAXES, PROVIDE THAT ALL TAXES COLLECTED IN THE REDEVELOPMENT PROJECT AREA NOT SUBJECT TO THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO SECTION 31-6-70 BECOME PAYMENTS IN LIEU OF TAXES AND THE PORTION COLLECTED BY THE MUNICIPALITY MAY BE PLEDGED TO SECURE SPECIAL SOURCE REVENUE BONDS.

H. 5218--RULE 5.12 WAIVED

Rule 5.12 was waived on the following recalled Bill by a division vote of 26 to 0.

H. 5218 -- Rep. McAbee: A BILL TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM S33-266 IN McCORMICK COUNTY.

MOTION REJECTED

Rep. LANFORD moved that the House recur to the Morning Hour, which was not agreed to.

H. 4986--DEBATE ADJOURNED

The following Concurrent Resolution was taken up.

H. 4986 -- Reps. Townsend, Stille and Allison: A CONCURRENT RESOLUTION TO ESTABLISH A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, STRUCTURE, AND OPERATION OF HIGHER EDUCATION IN SOUTH CAROLINA AND TO PROVIDE FOR THE MANNER IN WHICH THE REPORT OF THE COMMITTEE DUE NO LATER THAN JANUARY 1, 1996, SHALL BE COMPILED AND SUBMITTED WHICH SHALL INCLUDE REGIONAL PUBLIC HEARINGS.

Rep. TOWNSEND moved to adjourn debate upon the Concurrent Resolution until Thursday, May 19, which was adopted.

H. 5198--TABLED

The following Concurrent Resolution was taken up.

H. 5198 -- Reps. Koon, McCraw, McAbee, Cromer, Sturkie, Fulmer, Whipper, Byrd, J. Bailey, Holt, Harrell and J. Brown: A CONCURRENT RESOLUTION FORMALLY REQUESTING THE UNIVERSITY OF SOUTH CAROLINA TO ALLOW THE COLLEGE OF CRIMINAL JUSTICE AT THE UNIVERSITY TO REMAIN A COLLEGE RATHER THAN BE RENAMED THE "SCHOOL OF CRIMINAL JUSTICE" AND PLACED UNDER THE COLLEGE OF HUMANITIES.

Rep. KOON explained the Concurrent Resolution.

Rep. JENNINGS spoke against the Concurrent Resolution.

Rep. J. BROWN spoke in favor of the Concurrent Resolution.

Rep. JENNINGS moved to table the Concurrent Resolution.

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

Yeas 77; Nays 23

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Askins                 Bailey, G.             Baker
Barber                 Baxley                 Boan
Brown, G.              Brown, H.              Canty
Carnell                Cato                   Chamblee
Clyborne               Corning                Davenport
Delleney               Fair                   Farr
Felder                 Govan                  Harrelson
Harris, J.             Harris, P.             Harrison
Harvin                 Harwell                Hodges
Houck                  Huff                   Jaskwhich
Jennings               Kelley                 Keyserling
Kirsh                  Klauber                Law
Marchbanks             Martin                 Mattos
McAbee                 McKay                  Neilson
Phillips               Quinn                  Rhoad
Richardson             Riser                  Robinson
Rogers                 Rudnick                Sharpe
Sheheen                Smith, R.              Snow
Spearman               Stille                 Stoddard
Stuart                 Thomas                 Trotter
Tucker                 Vaughn                 Waites
Waldrop                Walker                 Wells
Whipper                White                  Wilder, D.
Wilkins                Witherspoon            Wofford
Worley                 Wright

Total--77

Those who voted in the negative are:

Anderson               Bailey, J.             Breeland
Brown, J.              Cooper                 Cromer
Gonzales               Graham                 Hallman
Harrell                Keegan                 Kennedy
Koon                   Lanford                Littlejohn
McLeod                 McMahand               Meacham
Neal                   Shissias               Simrill
Stone                  Townsend

Total--23

So, the Resolution was tabled.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

Bill #: H. 5198     General Subject Matter: USC College of Criminal                                                                             Justice

The reason for abstaining on the above reference legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B). I am an employee of the University of South Carolina.

Rep. MARGARET J. GAMBLE

Rep. KLAUBER moved that the House recur to the Morning Hour.

Rep. HODGES moved that the House do now adjourn.

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

The motion to adjourn was agreed to by a division vote of 50 to 38.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5120 -- Rep. McAbee: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF SOUTH CAROLINA HIGHWAY 23 AS "R. CLARK DUBOSE HIGHWAY".

ADJOURNMENT

At 3:10 P.M. the House in accordance with the motion of Rep. HARRELL adjourned in memory of Walter K. "Kenny" Smoak, of Yonges Island, Charleston County, to meet at 10:00 A.M. tomorrow.

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