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

THURSDAY, MAY 19, 1994

Thursday, May 19, 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:

Eternal God, to Whom we turn with praise and gratitude, give us a clearer understanding of Your will and a keener appreciation of Your mission for our lives. Deliver us from discouragement. Enable us to see issues clearly, and help us to choose the right course. Take from us all fear except that of failing to do Your will. Teach us that our liberty is not the right to do as we please, but the opportunity to do what is right. May our conduct be of such a nature that we can invoke Your blessings upon its consequences.

Grant us Your peace, both now and always. 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.

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 concurs in the amendments proposed by the House to H. 4056:
H. 4056 -- Reps. Rogers, G. Bailey, Hallman, Wofford, Fulmer, Barber, Simrill, Baxley, Harvin, McAbee, Waldrop, Snow, Rudnick, Waites, J. Bailey, Wells, H. Brown and Meacham: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 16 SO AS TO CREATE THE CRIME VICTIM'S ADVOCATE OF SOUTH CAROLINA AND PROVIDE POWERS AND DUTIES.
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 18, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has reconsidered concurrence in the amendments proposed by the House to S. 992 and has amended the House amendments:
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.
Very respectfully,
President

Received as information.

S. 992--SENATE AMENDMENTS CONCURRED
IN AND BILL ENROLLED

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

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.

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.

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 concurs in the amendments proposed by the House to S. 73:
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.
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 18, 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. 872:
S. 872 -- Senators Moore, Leventis, Greg Smith, Short and Mescher: A BILL TO AMEND SECTION 20-7-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE CONDITIONS UNDER WHICH GRANDPARENT VISITATION MAY BE GRANTED.
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 18, 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. 4775:
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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

H. 4821--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 18, 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. 4821:
H. 4821 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1993-94.
Very respectfully,
President

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

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

H. 4822--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 18, 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. 4822:
H. 4822 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.
Very respectfully,
President

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

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

H. 4036--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

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

The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 4036:
H. 4036 -- Reps. Wilkins, Clyborne, Jaskwhich, Fair, G. Brown, R. Smith, Quinn, Hines, Sharpe, McAbee, Richardson, Cato, Jennings, Gamble, Wofford, Wells, J. Bailey, Stone, Hallman, G. Bailey, J. Wilder, Marchbanks, Trotter, H. Brown, P. Harris, Keegan, Mattos, Vaughn, Walker and Phillips: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 50 SO AS TO PROVIDE FOR THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES.
and asks for a Committee of Conference and has appointed Senators J. Verne Smith, Matthews and Hayes of the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. J. HARRIS, JASKWHICH and PHILLIPS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

REPORTS OF STANDING COMMITTEES

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

S. 1230 -- Senator Martin: A BILL TO AMEND SECTION 40-57-155 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION FOR REAL ESTATE AGENTS, SO AS TO EXEMPT LICENSED BROKERS OR SALES AGENTS WHO ARE ALSO ACTIVE MEMBERS OF THE SOUTH CAROLINA BAR FROM THE REQUIREMENTS OF THIS PROVISION.

Ordered for consideration tomorrow.

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

S. 436 -- Senator Richter: A BILL TO AMEND ARTICLE 5, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING A NEW SECTION 56-5-765, SO AS TO PROVIDE THAT WHEN A MOTOR VEHICLE OF A LAW ENFORCEMENT AGENCY IS INVOLVED IN A TRAFFIC COLLISION, THE INVESTIGATION OF THE COLLISION MUST BE PERFORMED BY AN INDEPENDENT LAW ENFORCEMENT AGENCY, EITHER THE STATE HIGHWAY PATROL OR THE COUNTY SHERIFF'S DEPARTMENT.

Ordered for consideration tomorrow.

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

S. 771 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-525 SO AS TO PROVIDE THAT HOUSING AUTHORITY COMMISSIONERS ARE DEEMED OWNERS OF HOUSING AUTHORITY PROPERTY FOR MATTERS PERTAINING TO OFFENSES AGAINST PROPERTY.

Ordered for consideration tomorrow.

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

S. 850 -- Senators Rose, McConnell, Passailaigue and Mescher: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 5, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY AMENDING SECTION 5, SO AS TO PROVIDE THAT ANY TAX, SUBSIDY, OR CHARGE WHICH IS ESTABLISHED, FIXED, LAID, OR LEVIED BY THE GENERAL ASSEMBLY MUST BE USED SOLEY FOR THE PURPOSE TO WHICH THE PROCEEDS OF THE TAX OR CHARGE WERE STATED TO BE APPLIED AT THE TIME THE LEGISLATION WAS PASSED AND FOR NO OTHER PURPOSE, UNLESS TWO-THIRDS OF BOTH HOUSES OF THE GENERAL ASSEMBLY STATE OTHERWISE.

Ordered for consideration tomorrow.

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

S. 886 -- Senators McConnell, Wilson and Reese: A BILL TO AMEND SECTION 62-3-603, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT OF BOND OF THE PERSONAL REPRESENTATIVE OR ADMINISTRATOR OF AN ESTATE UNDER CERTAIN CONDITIONS, SO AS TO PERMIT A BOND TO BE WAIVED ON ESTATES UNDER ONE HUNDRED THOUSAND DOLLARS UNDER CERTAIN CONDITIONS.

Ordered for consideration tomorrow.

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

S. 1062 -- Senators Hayes, Bryan, Courtney, Jackson, Lander, Patterson, Reese, Russell, Stilwell, Wilson, Courson, Gregory, Richter, Short, Ryberg, Rose, Peeler, J. Verne Smith, Giese, Mitchell, Ford, Mescher, Leventis, Macaulay and Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 TO TITLE 33 SO AS TO ENACT THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT" WHICH INCLUDES PROVISIONS REGULATING THE MANNER, CONDITIONS, AND PROCEDURES UNDER WHICH SOLICITATIONS OF CHARITABLE FUNDS MAY BE UNDERTAKEN IN THIS STATE, PROVISIONS ESTABLISHING CERTAIN REGISTRATION AND OTHER FEES, PROVISIONS ESTABLISHING CERTAIN CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, AND PROVISIONS STIPULATING THE AMOUNT THAT A PERSON MAY RECOVER AS A RESULT OF AN INJURY BY REASON OF CERTAIN TORTIOUS ACTS OF AN EMPLOYEE OF THE CHARITABLE ORGANIZATION; TO AMEND THE 1976 CODE BY ADDING SECTION 38-79-30 SO AS TO RECODIFY IN TITLE 38 A PROVISION CURRENTLY CONTAINED IN CHAPTER 55 OF TITLE 33 PERTAINING TO THE LIABILITY OF A LICENSED HEALTH CARE PROVIDER WHO RENDERS MEDICAL SERVICES VOLUNTARILY AND WITHOUT COMPENSATION; AND TO REPEAL CHAPTER 55, TITLE 33 OF THE 1976 CODE RELATING TO CHARITABLE ORGANIZATIONS AND THE SOLICITATIONS OF CHARITABLE FUNDS.

Ordered for consideration tomorrow.

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

S. 1199 -- Senator Hayes: A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY AND NOTIFICATION TO HIS PARENTS AND APPROPRIATE AGENCIES, SO AS TO PROVIDE THAT WHEN A CHILD IS TAKEN INTO CUSTODY FOR AN OFFENSE WHICH WOULD BE A MISDEMEANOR OR FELONY IF COMMITTED BY AN ADULT, THE LAW ENFORCEMENT OFFICER ALSO SHALL NOTIFY THE PRINCIPAL OF THE SCHOOL IN WHICH THE CHILD IS ENROLLED, IF ANY, OF THE NATURE OF THE OFFENSE, AND TO PROVIDE THAT THE PRINCIPAL MAY USE THIS INFORMATION FOR MONITORING AND SUPERVISORY PURPOSES BUT OTHERWISE MUST KEEP THIS INFORMATION CONFIDENTIAL.

Ordered for consideration tomorrow.

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

S. 1232 -- Judiciary Committee: A BILL TO AMEND ARTICLE 9, CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION OF TRAINING AND CONTINUING EDUCATION UNDER THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO MAKE THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL AN ADVISORY COUNCIL, TO DEVOLVE THE FUNCTIONS OF THE COUNCIL UPON THE DEPARTMENT OF PUBLIC SAFETY AND THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY, TO REVISE THE MEMBERSHIP OF THE TRAINING COUNCIL, AND TO MAKE CONFORMING CHANGES THROUGHOUT THE ARTICLE.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 5220 -- Reps. J. Wilder, Baxley, Walker, Mattos, Barber, Shissias, J. Harris, Wells, Cromer and T.C. Alexander: A CONCURRENT RESOLUTION TO COMMEND THE ESTABLISHMENT OF THE DISABILITY COALITION OF SOUTH CAROLINA AND RECOGNIZE AND ENCOURAGE ITS ROLE TO ADVOCATE FOR INDIVIDUALS WITH DISABILITIES AND THEIR FAMILIES TO ASSURE EQUALITY OF OPPORTUNITY, FULL PARTICIPATION, INDEPENDENT LIVING, AND ECONOMIC SELF-SUFFICIENCY AND TO FURTHER ENSURE THAT THE STATE OF SOUTH CAROLINA PLAY AN ONGOING ROLE IN ENFORCING THE SPIRIT AND STANDARDS OF THE AMERICANS WITH DISABILITIES ACT IN THE CRITICAL AREAS OF TRANSPORTATION, COMMUNICATION, PUBLIC ACCOMMODATIONS, EDUCATION, EMPLOYMENT, HOUSING, RECREATION, HEALTH SERVICES, VOTING, AND ACCESS TO PUBLIC SERVICES ON BEHALF OF INDIVIDUALS WITH DISABILITIES.

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

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

H. 5221 -- Rep. Wells: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA STUDENT LEGISLATURE TO USE THE COMMITTEE AND CONFERENCE ROOMS OF THE GRESSETTE AND BLATT BUILDINGS ON OCTOBER 19 - 22, 1994, FOR ITS ANNUAL MEETING.

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

That the South Carolina State Student Legislature is authorized to use the committee and conference rooms of the Gressette and Blatt Buildings on October 19 - 22, 1994, for its annual meeting. If the Senate is in statewide session on any of these days, the Gressette Building may not be used on these days. If the House is in statewide session on any of these days, the Blatt Building may not be used on these days.

Be it further resolved that no expenses may be charged to the South Carolina State Student Legislature for use of these chambers and facilities and such use must be in accordance with the policy of each respective body.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5222 -- Rep. Harvin: A CONCURRENT RESOLUTION COMMEMORATING THE FORTIETH ANNIVERSARY OF BROWN VS. BOARD OF EDUCATION, THE LANDMARK UNITED STATES SUPREME COURT DECISION WHICH EFFECTIVELY ENDED RACIAL SEGREGATION IN THE NATION'S PUBLIC SCHOOLS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1418 -- Senators Lander, Setzler and Matthews: A CONCURRENT RESOLUTION TO COMMEND THE ESTABLISHMENT OF THE DISABILITY COALITION OF SOUTH CAROLINA AND RECOGNIZE AND ENCOURAGE ITS ROLE TO ADVOCATE FOR INDIVIDUALS WITH DISABILITIES AND THEIR FAMILIES TO ASSURE EQUALITY OF OPPORTUNITY, FULL PARTICIPATION, INDEPENDENT LIVING, AND ECONOMIC SELF-SUFFICIENCY AND TO FURTHER ENSURE THAT THE STATE OF SOUTH CAROLINA PLAY AN ONGOING ROLE IN ENFORCING THE SPIRIT AND STANDARDS OF THE AMERICANS WITH DISABILITIES ACT IN THE CRITICAL AREAS OF TRANSPORTATION, COMMUNICATION, PUBLIC ACCOMMODATIONS, EDUCATION, EMPLOYMENT, HOUSING, RECREATION, HEALTH SERVICES, VOTING, AND ACCESS TO PUBLIC SERVICES ON BEHALF OF INDIVIDUALS WITH DISABILITIES.

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

INTRODUCTION OF BILLS

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

H. 5223 -- Reps. Rudnick, Huff, Sharpe, R. Smith, Spearman and Stone: A BILL TO PROVIDE FOR THE AUTHORIZED TAX MILLAGE TO BE LEVIED FOR THE OPERATIONS OF THE SCHOOL DISTRICT OF AIKEN COUNTY FOR THE YEAR 1994.

RULE 5.12 WAIVED

Rep. RUDNICK moved to waive Rule 5.12, which was agreed to by a division vote of 12 to 0.

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

S. 1289 -- Senator McConnell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT SEPARATION, FOR PURPOSES OF WHEN A HUSBAND AND WIFE HAVE LIVED SEPARATE AND APART WITHOUT COHABITATION FOR A PERIOD OF ONE YEAR, MAY BE VOLUNTARY OR INVOLUNTARY.

Referred to Committee on Judiciary.

ROLL CALL

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

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

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, May 19.

Lindsey O. Graham                 C. Lenoir Sturkie
Curtis B. Inabinett               James H. Harrison
Merita A. Allison                 Douglas E. McTeer, Jr.
Ronald P. Townsend                Henry E. Brown, Jr.
Annette Young                     Harry C. Stille
Larry L. Koon                     Timothy F. Rogers
Sandra S. Wofford                 Stephen E. Gonzales
Lucille S. Whipper                E.B. McLeod, Jr.
Ralph W. Canty                    Alma W. Byrd
Jerry N. Govan, Jr.               Kenneth Kennedy
Joseph T. McElveen, Jr.           John J. Snow, Jr.
C. Alex Harvin, III
Total Present--121

SPECIAL PRESENTATION

Rep. WALKER recognized the Landrum High School "Cardinals" Boys Tract and Field team, their coaches and school officials, winners of the Class 1A track and field championship for 1994.

DOCTOR OF THE DAY

Announcement was made that Dr. William C. Gerard of Florence is the Doctor of the Day for the General Assembly.

H. 4811--DEBATE ADJOURNED ON MOTION TO RECONSIDER

Rep. RICHARDSON moved to reconsider the vote whereby the following Bill was tabled.

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. WORLEY moved to adjourn debate upon the motion to reconsider, which was adopted.

H. 5028--POINT OF ORDER

The following Bill was taken up.

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.

POINT OF ORDER

Rep. MARCHBANKS raised the Point of Order that the Bill was out of order as it did not have a fiscal impact statement attached.

The SPEAKER sustained the Point of Order.

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolution was read the third time, passed and, 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.

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.

SENT TO THE SENATE

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

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. 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.

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.

RETURNED TO THE SENATE WITH AMENDMENT

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

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.

S. 48--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up.

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.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\16095AC.94), which was adopted.

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

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

"Section     44-7-325.     (A)     A health care facility, as defined in Section 44-7-130, and a health care provider licensed pursuant to Title 40 may charge a fee for the search and duplication of a medical record, but the fee may not exceed sixty-five cents per page for the first thirty pages and fifty cents per page for all other pages, and a clerical fee for searching and handling not to exceed fifteen dollars per request plus actual postage and applicable sales tax. The facility or provider may charge a patient or the patient's representative no more than the actual cost of reproduction of an X-ray. Actual cost means the cost of materials and supplies used to duplicate the X-ray and the labor and overhead costs associated with the duplication.

(B)     Except for those requests for medical records pursuant to Section 42-15-95:

(1)     A health care facility shall comply with a request for copies of a medical record no later than forty-five days after the patient has been discharged or forty-five days after the request is received, whichever is later.

(2)     Nothing in this section may compel a health care facility to release a copy of a medical record prior to thirty days after discharge of the patient."

SECTION     2.     Section 38-77-341(5) of the 1976 Code, as added by Act 148 of 1989, is amended to read:

"(5)     charge for copies of medical records or other records provided more than fifty cents per page, except that a minimum charge of ten dollars for furnishing copies of these records is authorized to be charged by insurers or health care providers. A health care facility, as defined in Section 44-7-130, and a health care provider licensed pursuant to Title 40 may charge a fee for the search for and duplication of a medical record, but the fee may not exceed sixty-five cents per page for the first thirty pages and fifty cents per page for all other pages, and a clerical fee for searching and handling not to exceed fifteen dollars per request plus actual postage and applicable sales tax. The facility or provider may charge a patient or the patient's representative no more than the actual cost of reproduction of an X-ray. Actual cost means the cost of materials and supplies used to duplicate the X-ray and the labor and overhead costs associated with the duplication."

SECTION     3.     Section 42-15-95 of the 1976 Code, as last amended by Act 476 of 1990, is further amended to read:

"Section 42-15-95.     All existing information compiled by a treatment health care facility, as defined in Section 44-7-130, or a physician health care provider licensed pursuant to Title 40 pertaining directly to a workers' compensation claim must be provided to the insurance carrier, the employer, the employee, their attorneys, or the South Carolina Workers' Compensation Commission, within fourteen days after receipt of written request. The cost for receiving this information is fifty cents a page, with a minimum charge of ten dollars. Actual postage costs, if any, also must be paid for receiving the information. A health care facility and a health care provider may charge a fee for the search and duplication of a medical record, but the fee may not exceed sixty-five cents per page for the first thirty pages and fifty cents per page for all other pages, and a clerical fee for searching and handling not to exceed fifteen dollars per request plus actual postage and applicable sales tax. The facility or provider may charge a patient or the patient's representative no more than the actual cost of reproduction of an X-ray. Actual cost means the cost of materials and supplies used to duplicate the X-ray and the labor and overhead costs associated with the duplication. If a treatment facility or physician fails to send the requested information within forty-five days after receipt of the request, the person or entity making the request may apply to the commission for an appropriate penalty payable to the commission, not to exceed two hundred dollars."

SECTION     4.     Section 44-115-80 of the 1976 Code, as added by Act 480 of 1992, is amended to read:

"Section     44-115-80.     A physician may charge a fee of fifty cents a page or a minimum fee of ten dollars, plus actual postage costs, for making copies of existing medical records for the search and duplication of a medical record, but the fee may not exceed sixty-five cents per page for the first thirty pages and fifty cents per page for all other pages, and a clerical fee for searching and handling not to exceed fifteen dollars per request plus actual postage and applicable sales tax. The physician may charge a patient or the patient's representative no more than the actual cost of reproduction of an X-ray. Actual cost means the cost of materials and supplies used to duplicate the X-ray and the labor and overhead costs associated with the duplication."

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

Renumber sections to conform.

Amend title to conform.

Rep. HOUCK explained the amendment.

Rep. HUTSON spoke against the amendment.

The amendment was then adopted.

Reps. HUTSON, CLYBORNE, WALDROP, STILLE, J. BROWN, VAUGHN, MOODY-LAWRENCE, STONE, CHAMBLEE, INABINETT, BYRD, NEAL, SCOTT, WHIPPER, BAKER, FULMER, BREELAND, HARRELL and SIMRILL proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\16220AC.94), which was tabled.

Amend the bill, as and if amended, Section 44-7-325(A), by deleting lines 34-36, on page 48-1 and inserting /a medical record of twenty-five cents per page/.

Amend further, Section 38-77-341(5), by deleting lines 25-28, page 48-2 and inserting:

/the search for and duplication of a medical record of twenty-five cents per page and a clerical fee for/.

Amend further, Section 42-15-95, by deleting lines 12-14 on page 48-3 and inserting /record of twenty-five cents per page and a clerical fee/.

Amend further, Section 42-115-80, by deleting lines 36-39 on page 48-3 and inserting:

/and duplication of a medical record of twenty-five cents per page and a clerical fee for searching and/.

Amend title to conform.

Rep. HUTSON explained the amendment.

Rep. WHITE moved to table the amendment.

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

Yeas 53; Nays 36

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Anderson
Askins                 Breeland               Brown, H.
Byrd                   Carnell                Chamblee
Cobb-Hunter            Govan                  Graham
Harris, J.             Harris, P.             Harwell
Hines                  Hodges                 Houck
Inabinett              Jennings               Keyserling
Kinon                  Klauber                Lanford
Marchbanks             Martin                 Mattos
McAbee                 McLeod                 McMahand
Neilson                Rhoad                  Richardson
Riser                  Robinson               Rogers
Scott                  Sheheen                Smith, D.
Smith, R.              Stoddard               Trotter
Tucker                 Waldrop                Whipper
White                  Wilder, D.             Wilder, J.
Williams               Witherspoon            Wofford
Worley                 Wright

Total--53

Those who voted in the negative are:

Allison                Bailey, J.             Baker
Barber                 Baxley                 Beatty
Cato                   Davenport              Delleney
Fair                   Fulmer                 Gamble
Gonzales               Hallman                Harrison
Haskins                Huff                   Hutson
Keegan                 Kelley                 Kirsh
Littlejohn             Meacham                Moody-Lawrence
Neal                   Rudnick                Simrill
Stone                  Stuart                 Sturkie
Thomas                 Vaughn                 Waites
Walker                 Wells                  Wilkins

Total--36

So, the amendment was tabled.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of amendments.

RECURRENCE TO THE MORNING HOUR

Rep. BAXLEY moved that the House recur to the Morning Hour, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 19, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Drummond, J. Verne Smith and Leventis of the Committee of Conference on the part of the Senate on H. 4820:

H. 4820
GENERAL APPROPRIATION BILL

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

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

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:25 A.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. BEATTY the invitation was accepted.

REPORT OF STANDING COMMITTEE

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

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.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 5224 -- Rep. Rhoad: A CONCURRENT RESOLUTION TO COMMEMORATE THE NAMING BY THE SOUTH CAROLINA FORESTRY COMMISSION OF AN AREA DEDICATED TO RECREATION AND SPORTING DOG FIELD TRIAL EVENTS, TO BE LOCATED ON SAND HILLS STATE FOREST IN CHESTERFIELD COUNTY, FOR THE HONORABLE DR. H. COOPER BLACK, JR.

Whereas, the members of the General Assembly wish to honor the late Dr. H. Cooper Black, Jr., of Columbia who died October 24, 1993; and

Whereas, Dr. Black, who was born in Orangeburg County, admirably served his fellowman through his chosen vocation as a surgeon in the midlands of South Carolina; and

Whereas, Dr. Black contributed greatly to the Palmetto State's time-honored tradition of sport hunting and the conservation of natural resources through his love for the great outdoors, his active participation in the Sandlapper Field Trial Club, and his service as Chairman of the South Carolina Sporting Dog Commission; and

Whereas, his lifelong interest in and dedication to all aspects of sport hunting and natural resources conservation has left a legacy of true sportsmanship and respect for our natural resources that will inspire generations of South Carolinians to come; and

Whereas, the General Assembly of South Carolina feels it is fitting and proper that this true sportsman, Dr. H. Cooper Black, Jr., is honored by naming an area dedicated to recreation and sporting dog field trial events for him. Now, therefore,

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

That the members of the General Assembly commemorate the naming by the South Carolina Forestry Commission of an area dedicated to recreation and sporting dog field trial events, to be located on Sand Hills State Forest in Chesterfield County, for the Honorable Dr. H. Cooper Black, Jr.

Be it further resolved that a copy of this resolution be forwarded to Dr. Black's widow, Mrs. Jackie Dubose Black.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5225 -- Reps. McMahand, M.O. Alexander, Anderson, Baker, Cato, Haskins, Jaskwhich, Mattos, Wilkins and Vaughn: A CONCURRENT RESOLUTION TO RECOGNIZE DR. THOMAS ELLIOTT KERNS OF GREENVILLE, SUPERINTENDENT OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY, UPON HIS RETIREMENT AFTER THIRTY-NINE YEARS OF SERVICE IN THE DISTRICT.

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

S. 48--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of amendments:

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.

Rep. HODGES proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\GJK\20934SD.94), which was adopted.

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

/SECTION __.     Section 44-29-230 of the 1976 Code is amended to read:

"Section 44-29-230.     (A)     While working with a patient person or a patient's person's blood or body fluids, if a health care worker or emergency response employee is involved in an incident resulting in possible exposure to Human Immunodeficiency Virus (HIV), and a health care professional has probable cause to believe that the incident may have caused infection, the professional may require the patient to be tested. The test results must be given to the professional who shall report the results to the worker and patient bloodborne diseases, and a health care professional based on reasonable medical judgment has cause to believe that the incident may pose a significant risk to the health care worker or emergency response employee, the health care professional may require the person, the health care worker, or the emergency response employee to be tested without their consent.

(B)     The test results must be given to the health care professional who shall report the results and assure the provision of post-test counseling to the health care worker or emergency response employee, and the person who is tested. The test results also shall be reported to the Department of Health and Environmental Control in a manner prescribed by law.

(C)     No physician, hospital, or other health care provider may be held liable for conducting the test or the reporting of test results under this section.

(D)     For purposes of this section:

(1)     'Person' means a patient at a health care facility or physician's office, an inmate at a state or local correctional facility, an individual under arrest, or an individual in the custody of or being treated by a health care worker or an emergency response employee.

(2)     'Emergency response employee' means firefighters, law enforcement officers, paramedics, emergency medical technicians, medical residents, medical trainees, trainees of an emergency response employee as defined herein, and other persons, including employees of legally organized and recognized volunteer organizations without regard to whether these employees receive compensation, who in the course of their professional duties respond to emergencies.

(3)     'Bloodborne diseases' means Hepatitis B or Human Immunodeficiency Virus infection, including Acquired Immunodeficiency Syndrome.

(4)     'Significant risk' means a finding of facts relating to a human exposure to an etiologic agent for a particular disease, based on reasonable medical judgments given the state of medical knowledge, about the:

(a)     nature of the risk;

(b)     duration of the risk;

(c)     severity of the risk;

(d)     probabilities the disease will be transmitted and will cause varying degrees of harm.

(5)     'Health care professional' means a physician, an epidemiologist, or infection control practitioner.

(6)     'Health care worker' means a person licensed as a health care provider under Title 40, a person registered under the laws of this State to provide health care services, an employee of a health care facility as defined in Section 44-7-130(10), or an employee in a physician's office.

(E)     The cost of any test conducted under this section must be paid by the:

(1)     person being tested;

(2)     State in the case of indigents; or

(3)     public or private entity employing the health care worker or emergency response employee if the cost is not paid pursuant to subitems (1) and (2) above."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Reps. SHEHEEN and D. SMITH proposed the following Amendment No. 4, which was adopted.

Add a new Section:

The patient is entitled to one copy of his or her medical records without charge.

Rep. D. SMITH explained the amendment.

Rep. TUCKER moved to table the amendment.

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

Yeas 11; Nays 70

Those who voted in the affirmative are:

Alexander, T.C.        Askins                 Carnell
Harris, J.             Harris, P.             Houck
Keyserling             McAbee                 Tucker
Waldrop                Wilkins

Total--11

Those who voted in the negative are:

Alexander, M.O.        Allison                Bailey, J.
Baker                  Barber                 Baxley
Beatty                 Brown, G.              Brown, H.
Cato                   Chamblee               Corning
Cromer                 Davenport              Delleney
Fair                   Farr                   Fulmer
Gamble                 Gonzales               Graham
Hallman                Harrison               Harwell
Haskins                Hodges                 Holt
Huff                   Hutson                 Jaskwhich
Jennings               Keegan                 Kelley
Kinon                  Kirsh                  Klauber
Lanford                Law                    Littlejohn
Marchbanks             Martin                 Mattos
McCraw                 McElveen               Meacham
Moody-Lawrence         Neilson                Phillips
Rhoad                  Richardson             Riser
Robinson               Rudnick                Sheheen
Simrill                Smith, R.              Stoddard
Stuart                 Sturkie                Thomas
Trotter                Vaughn                 Waites
Walker                 Wells                  Wilder, J.
Williams               Witherspoon            Wofford
Wright

Total--70

So, the House refused to table the amendment.

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

Rep. TUCKER moved to adjourn debate upon the Bill.

Rep. BAXLEY moved to table the motion, which was agreed to.

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

S. 1262--DEBATE ADJOURNED

Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, May 24, 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 was taken up, read the second time, and ordered to a third reading:

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.

Rep. LANFORD explained the Bill.

S. 1336--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. LANFORD, with unanimous consent, it was ordered that S. 1336 be read the third time tomorrow.

H. 5179--DEBATE ADJOURNED

Rep. COOPER moved to adjourn debate upon the following Bill until Tuesday, May 24, 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.

S. 1345--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

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.

Reps. NEILSON, BAXLEY and HINES proposed the following Amendment No. 1, which was adopted.

Add in SECTION 1, at line 25, the following, after "thereto;"

provided, however any decision to sell or otherwise transfer the property for use other than for library purposes must be made by two-thirds majority of the county governing body.

Rep. BAXLEY explained the amendment.

The amendment was then adopted.

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

S. 1345--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. BAXLEY, with unanimous consent, it was ordered that S. 1345 be read the third time tomorrow.

Further proceedings were interrupted by the Ratification of Acts.

RATIFICATION OF ACTS

At 11:25 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.

(R462) S. 443 -- Senators Richter, Rose, Giese and Reese: AN ACT TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT INFORMATION CONTAINED IN PUBLIC DOCUMENTS OR RECORDS OF A PERSONAL NATURE CONCERNING DISABLED PERSONS MAY NOT BE DISCLOSED FOR PERSON-TO-PERSON COMMERCIAL SOLICITATION OF DISABLED PERSONS.

(R463) S. 896 -- Senators Hayes, Peeler, Gregory and Short: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE YORK COUNTY CONVENTION AND VISITORS BUREAU/VISITOR INFORMATION CENTER AND THE LOCATION OF LAKE MURRAY AND THE TOWN OF LEXINGTON IN LEXINGTON COUNTY.

(R464) S. 907 -- Senators Passailaigue, McConnell and Giese: AN ACT TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF POWERS UNDER THE ALTERNATE FORMS OF GOVERNMENT, SO AS TO PROHIBIT THE LEVY OF COUNTY LICENSES FEES AND TAXES ON INSURANCE COMPANIES.

(R465) S. 920 -- Senators Leventis, J. Verne Smith, Thomas, Courson, Passailaigue, Giese, Lander, Reese, Rose and Mescher: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-215 SO AS TO REQUIRE THE LAND VALUE OF OWNER-OCCUPIED RESIDENTIAL REAL PROPERTY TO BE VALUED ON THE BASIS THAT ITS HIGHEST AND BEST USE IS FOR RESIDENTIAL PURPOSES; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE FOR TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND, TO PROVIDE THAT THE TEN ACRE MINIMUM DOES NOT APPLY IF A ONE THOUSAND DOLLAR A YEAR GROSS FARM INCOME TEST IS MET IN AT LEAST THREE OF THE PRECEDING FIVE YEARS AND TO MAKE A PERSON FIRST APPLYING FOR AGRICULTURAL USE ON A LESS THAN TEN ACRE TRACT ELIGIBLE FOR AGRICULTURAL USE, SUBJECT TO THE ROLLBACK TAX IF THE OWNER FAILS TO MEET THE SAME INCOME TEST IN THE FIRST FIVE YEARS OF OPERATION, TO ALLOW THE ASSESSOR TO OBTAIN TAX AND OTHER INFORMATION TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT UNIMPROVED REAL PROPERTY SUBJECT TO A CONSERVATION EASEMENT MUST BE CLASSIFIED AS AGRICULTURAL REAL PROPERTY, TO PROVIDE THAT A NONTIMBERLAND TRACT NOT MEETING THE ACREAGE REQUIREMENT MUST REMAIN CLASSIFIED AS AGRICULTURAL REAL PROPERTY IF THE PROPERTY WAS CLASSIFIED AS AGRICULTURAL USE PROPERTY IN 1994 AND THE CURRENT OWNER OR AN IMMEDIATE FAMILY MEMBER HAS OWNED THE TRACT FOR AT LEAST TEN YEARS AS OF JANUARY 1, 1994, TO DEFINE "IMMEDIATE FAMILY", TO PROVIDE THAT EITHER A LESSOR OR LESSEE MAY MEET THE REQUIREMENT OF THIS SECTION, TO REQUIRE APPLICANTS FOR AGRICULTURAL USE AND THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURAL PROPERTY TO CERTIFY THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO PROVIDE FOR TAXATION, INCLUDING PENALTIES, OF PROPERTY IN LIEU OF THE ROLLBACK TAX WHICH WAS NOT ELIGIBLE FOR AGRICULTURAL USE WHEN THE APPLICATION WAS MADE, AND TO PROVIDE FOR USE OF THE ADDITIONAL REVENUES; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL KNOWINGLY AND WILFULLY TO MAKE A FALSE STATEMENT ON THE AGRICULTURAL USE APPLICATION AND PROVIDE A PENALTY; TO AMEND SECTION 12-43-220(d)(3), AS AMENDED, RELATING TO THE VALUATION AND CLASSIFICATION OF PROPERTY FOR PURPOSES OF PROPERTY TAX, SO AS TO EXTEND THE TIME FOR MAKING THE AGRICULTURAL USE VALUE APPLICATION UNTIL THE FIRST TAX PENALTY DATE, TO PROVIDE THAT NO ROLLBACK TAX IS DUE ON PROPERTY INITIALLY CLASSIFIED AS AGRICULTURAL REAL PROPERTY WHEN CHANGED BY THIS ACT, TO REQUIRE ALL OWNERS TO REAPPLY FOR AGRICULTURAL USE VALUE TO MAINTAIN THAT USE AFTER 1994, AND TO MAKE THE PROVISION OF THIS ACT EFFECTIVE FOR PROPERTY TAX YEARS BEGINNING AFTER 1994.

(R466) S. 1212 -- Senators Setzler and Giese: AN ACT TO AMEND SECTION 8-17-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO REVISE THE DEFINITION OF A "PROBATIONARY EMPLOYEE", AS IT RELATES TO FACULTY AT STATE TECHNICAL COLLEGES, AND TO CLARIFY THIS DEFINITION'S EFFECTIVE DATE.

(R467) S. 1348 -- Senator Gregory: AN ACT TO ESTABLISH THE REGISTRATION AND ELECTION COMMISSION FOR LANCASTER COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR LANCASTER COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTION COMMISSION, AND PROVIDE THAT THE CURRENT MEMBERS OF THE LANCASTER COUNTY ELECTION COMMISSION AND THE LANCASTER COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW LANCASTER COUNTY REGISTRATION AND ELECTION COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.

(R468) H. 3094 -- Reps. Kirsh and Moody-Lawrence: AN ACT TO PROVIDE FOR SITE AND SITE APPROVAL, TESTING OF EQUIPMENT, MANAGEMENT OF THE OPERATION, OPERATING PROCEDURES, AND THE PROVISIONS AND EMERGENCY PROCEDURES RELATING TO BUNGEE JUMPING AND BUNGEE JUMPING FACILITIES AND OPERATIONS IN SOUTH CAROLINA, INCLUDING, AMONG OTHER THINGS, CERTAIN FEES, FINES, AND PENALTIES AND THE PROHIBITION OF CERTAIN ACTIVITY.

(R469) H. 3374 -- Reps. Harrison, Fulmer, Kelley and Phillips: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1535 SO AS TO PROHIBIT SPEEDING IN HIGHWAY WORK ZONES, PROVIDE PENALTIES, DEFINE TERMS, AND PROVIDE FOR APPLICATION OF THE SECTION AND POSTING OF SIGNS; AND SECTION 56-5-1895 SO AS TO PROHIBIT PASSING IN HIGHWAY WORK ZONES AND PROVIDE PENALTIES.

(R470) H. 3603 -- Reps. P. Harris, Sturkie, Carnell, Harrison, Corning, Shissias, Cooper, Stille, Tucker, Neal, McAbee, Snow, Townsend, Riser, Byrd, J. Bailey, J. Brown and Thomas: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-175 SO AS TO AUTHORIZE THE DIVISION OF GENERAL SERVICES TO ERECT A MEMORIAL ON THE STATE HOUSE GROUNDS TO HONOR STATE OR LOCAL LAW ENFORCEMENT OFFICERS WHO HAVE LOST THEIR LIVES IN THE LINE OF DUTY.

(R471) H. 3607 -- Rep. Hodges: AN ACT TO AMEND SECTION 23-24-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF UNIFORMS AND WEAPONS BY UNIFORMED LAW ENFORCEMENT OFFICERS, SO AS TO EXTEND THE AUTHORIZATIONS IN THE SECTION TO RESERVE POLICE OFFICERS, AS DEFINED IN SECTION 23-28-10.

(R472) H. 3935 -- Rep. Corning: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-17-595 SO AS TO PERMIT CLERKS OF COURT TO MAINTAIN ANY PUBLIC RECORD IN A COMPUTER SYSTEM SO LONG AS THERE IS A BACK-UP COPY MAINTAINED ON PERMANENTLY VALUABLE RECORDS; TO AMEND SECTION 14-23-1100, RELATING TO DUTIES OF CLERKS OF COURT AND SECTION 14-23-1130, AS AMENDED, RELATING TO RECORDS OF PROBATE COURT, SO AS TO REVISE THESE SECTIONS SO THAT COURT RECORDS MAY BE MAINTAINED AND DUTIES CARRIED OUT TO FACILITATE THE USE OF A COMPUTER SYSTEM OR RELATED EQUIPMENT.

(R473) H. 4054 -- Reps. M.O. Alexander and Phillips: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-19-35 SO AS TO PROVIDE THAT WHERE A VACANCY ON A BOARD OF TRUSTEES OF A COLLEGE OR UNIVERSITY OF THIS STATE, REQUIRING ELECTION BY THE GENERAL ASSEMBLY TO FILL, HAS OCCURRED FOR ANY REASON OTHER THAN EXPIRATION OF THE TERM AND IS UNFILLED AT THE BEGINNING OF AN ANNUAL SESSION OF THE GENERAL ASSEMBLY, A JOINT REVIEW COMMITTEE TO CONSIDER APPLICANTS FOR THIS VACANCY AND OTHERS OF SIMILAR CIRCUMSTANCES MUST BE APPOINTED WITHIN SIX LEGISLATIVE DAYS AFTER THE ANNUAL SESSION OF THE GENERAL ASSEMBLY CONVENES, AND THE ELECTION TO FILL THIS VACANCY MUST OCCUR WITHIN SIX WEEKS AFTER THE JOINT REVIEW COMMITTEE IS APPOINTED, AND TO PROVIDE EXCEPTIONS.

(R474) H. 4143 -- Reps. Hodges and Boan: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF NOVEMBER 30-DECEMBER 3, 1992, MISSED BY THE STUDENTS OF BARR STREET JUNIOR HIGH SCHOOL IN LANCASTER COUNTY, AND THE SCHOOL DAYS OF DECEMBER 3, 4, AND 7 OF 1992, MISSED BY THE STUDENTS OF THE DOBSON ELEMENTARY SCHOOL IN LANCASTER COUNTY WHEN THESE SCHOOLS WERE CLOSED DUE TO FIRE ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(R475) H. 4306 -- Reps. Kirsh, McCraw, Simrill, Meacham, Moody-Lawrence, Delleney and Rudnick: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE YORK COUNTY CONVENTION AND VISITORS BUREAU/VISITOR INFORMATION CENTER AND LAKE MURRAY AND THE TOWN OF LEXINGTON IN LEXINGTON COUNTY.

(R476) H. 4321 -- Reps. Gonzales, Jaskwhich, Harvin and Harrell: AN ACT TO AMEND SECTION 5-7-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLICE JURISDICTION OVER CERTAIN STREETS ALONG WHICH MUNICIPAL BOUNDARIES RUN, SO AS TO PROVIDE THAT POLICE JURISDICTION INCLUDES THE RIGHT OF WAY OF THE STREET ALONG WHICH THE BOUNDARY RUNS.

(R477) H. 4349 -- Reps. Wilkins, Wright, Harrell, Fulmer, Corning, Simrill, Hallman, H. Brown, Clyborne, Vaughn, Allison, Gamble, Marchbanks, Trotter, Stuart, Walker, Hutson, Littlejohn, Wells, Huff, D. Smith, Gonzales, Witherspoon, Haskins, Shissias, Thomas, Kelley, Harrison, Stone, Fair, Richardson, Riser, R. Smith, Graham, Law, Davenport, A. Young, Sharpe and Robinson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-25 SO AS TO ESTABLISH THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED COMMENCING WITH THE 1994 GENERAL ELECTION, TO DESIGNATE THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE HOUSE REAPPORTIONMENT PLAN CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT, AND TO REPEAL SECTION 2-1-10, RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES WERE FORMERLY ELECTED.

(R478) H. 4373 -- Reps. Cromer and Rudnick: AN ACT TO AMEND SECTION 39-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRUG PRESCRIPTION LABELING, SO AS TO PROVIDE THAT IF A PHARMACIST SUBSTITUTES A GENERIC DRUG FOR A NAME BRAND PRESCRIBED DRUG THE GENERIC DRUG MUST BE LISTED FIRST FOLLOWED BY THE WORDS "SUBSTITUTED FOR" AND THE NAME BRAND OR THIS INFORMATION MUST BE AFFIXED TO THE CONTAINER OR LABEL.

(R479) H. 4377 -- Reps. Kirsh, Farr, Walker, D. Wilder, Vaughn, Rudnick, Stille, Simrill, Harvin, Keyserling, Meacham, Delleney and Corning: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2675 SO AS TO PROHIBIT A TAX LEVY ON A MOTOR VEHICLE TO WHICH A LICENSE WAS TRANSFERRED UNTIL IT EXPIRES, SECTION 56-3-905 SO AS TO PROVIDE FOR THE REFUND OF A PORTION OF A MOTOR VEHICLE REGISTRATION FEE, AND SECTION 56-5-90 SO AS TO PROVIDE LIMITATIONS FOR AN INTRASTATE MOTOR CARRIER DRIVER; TO AMEND SECTION 56-3-620, AS AMENDED, RELATING TO FEES FOR CERTAIN PRIVATE PASSENGER-CARRYING VEHICLES AND PROPERTY-CARRYING VEHICLES, SO AS TO PROVIDE THE FEE FOR PRIVATE PASSENGER-CARRYING VEHICLES FOR PERSONS SIXTY-FOUR YEARS OF AGE; AND TO AMEND SECTION 56-3-670, AS AMENDED, RELATING TO FEES FOR FARM TRUCK LICENSES, SO AS TO PROVIDE FOR THE USE OF FARM TRUCKS WITH AN EMPTY WEIGHT OF LESS THAN 7,500 POUNDS AND REVISE FEES.

(R480) H. 4407 -- Rep. Hutson: AN ACT TO AMEND SECTION 44-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NEONATAL TESTING OF CHILDREN, SO AS TO PROVIDE FOR STORAGE REQUIREMENTS FOR BLOOD SAMPLES USED IN THESE TESTS, FUTURE AVAILABILITY OF THESE SAMPLES FOR TESTING, AND CONFIDENTIALITY OF INFORMATION.

(R481) H. 4412 -- Rep. Simrill: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-525 SO AS TO PROVIDE THAT HOUSING AUTHORITY COMMISSIONERS ARE DEEMED OWNERS OF HOUSING AUTHORITY PROPERTY FOR MATTERS PERTAINING TO OFFENSES AGAINST PROPERTY AND TO PROVIDE THAT NO COMMISSIONER MAY BE HELD PERSONALLY LIABLE FOR ANY LOSS, INJURY, OR DAMAGE SUFFERED BY A PERSON ON OR ADJACENT TO HOUSING AUTHORITY PROPERTY.

(R482) H. 4721 -- Rep. Kirsh: AN ACT TO AMEND SECTIONS 9-1-440, 9-1-1140, AND 9-1-1850, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE FROM FOUR TO SIX PERCENT OF EARNABLE COMPENSATION THE COST OF ESTABLISHING SERVICE WHEN THE MEMBER ORIGINALLY ELECTED NOT TO BE COVERED, TO INCREASE THE COST OF ESTABLISHING TIME FOR PREGNANCY LEAVE FROM EIGHT TO TWELVE PERCENT OF EARNABLE COMPENSATION, AND TO PROVIDE A SCHEDULE OF RATES FOR A MEMBER WITH AT LEAST TWENTY-FIVE YEARS SERVICE ESTABLISHING CREDIT FOR UP TO FIVE YEARS ADDITIONAL SERVICE; TO AMEND SECTIONS 9-11-50, AS AMENDED, 9-11-55, 9-11-210, AS AMENDED, AND 9-11-325, RELATING TO ESTABLISHING CREDIT FOR PRIOR SERVICE AND THE ACCOMPANYING CONTRIBUTION RATES FOR PURPOSES OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE THE COST OF ESTABLISHING PREGNANCY LEAVE, FEDERAL CIVILIAN SERVICE, AND OTHER ESTABLISHABLE NEW POLICE SERVICE, FROM TEN TO TWELVE PERCENT OF EARNABLE COMPENSATION, INCREASE THE CONTRIBUTION RATE TO ESTABLISH PRIOR POLICE SERVICE FROM SIXTEEN TO TWENTY-ONE DOLLARS A MONTH FOR CLASS ONE SERVICE AND FROM FIVE TO SIX AND ONE-HALF PERCENT OF MONTHLY COMPENSATION, AND TO INCREASE THE COST OF ESTABLISHING OUT-OF-STATE SERVICE FROM TEN TO TWELVE PERCENT OF SALARY; AND TO REPEAL SECTION 9-11-65, RELATING TO AN OBSOLETE PURCHASE OF ADDITIONAL SERVICE CREDIT BY MEMBERS WITH AT LEAST TWENTY-FIVE YEARS SERVICE.

(R483) H. 4878 -- Reps. Harrell, Law, A. Young, Wofford, Thomas, Graham, Clyborne, J. Brown, Cobb-Hunter, Wilkins and Fulmer: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-387 SO AS TO MAKE IT UNLAWFUL TO EMPLOY A PERSON UNDER THE AGE OF EIGHTEEN YEARS TO APPEAR IN A STATE OF SEXUALLY EXPLICIT NUDITY IN A PUBLIC PLACE, TO PROVIDE PENALTIES, AND TO AMEND SECTION 16-15-375, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF PROHIBITED SEXUAL ACTS OR EXPLOITATION OF MINORS, SO AS TO INCLUDE THE ABOVE OFFENSE WITHIN THIS LIST OF DEFINITIONS.

(R484) H. 4882 -- Reps. G. Bailey, Cobb-Hunter, Hutson, Harrell and A. Young: AN ACT TO AMEND SECTION 7-7-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND PLACES IN DORCHESTER COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND DELETE THE SPECIFIC VOTING PLACES FOR EACH PRECINCT, PROVIDE THAT THE PRECINCTS ARE AS SHOWN ON OFFICIAL MAPS ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD DESIGNATED AS DOCUMENT P-35-94, AND PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS PROVIDED IN THIS SECTION MUST BE ESTABLISHED BY THE DORCHESTER COUNTY ELECTION COMMISSION.

(R485) H. 4919 -- Reps. T.C. Alexander and Graham: AN ACT TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR OCONEE COUNTY, PROVIDE FOR THE COMPOSITION OF COMMISSION, AND ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF OCONEE COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.

(R486) H. 4974 -- Reps. Boan and Hodges: A JOINT RESOLUTION TO AMEND SECTION 56-3-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEALER AND WHOLESALER MOTOR VEHICLE LICENSE PLATES, SO AS TO AUTHORIZE THE USE OF A DEALER PLATE ON A MOTOR VEHICLE LENT BY THE DEALER TO A PUBLIC OR PRIVATE SCHOOL FOR A DRIVER EDUCATION PROGRAM AND PROVIDE FOR THE CONDITIONS UNDER WHICH A DEALER PLATE FOR THIS PURPOSE MAY BE OBTAINED AND USED, TO PROVIDE FOR THE USE OF FUNDS DERIVED FROM THE PRUDENTIAL BACHE SETTLEMENT, INCLUDING AMOUNTS WHICH MAY BE RETAINED BY THE SECRETARY OF STATE AND APPROPRIATIONS FOR INVESTOR RESTITUTION, THE ADMINISTRATIVE LAW JUDGE DIVISION, AND THE DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD, TO ALLOW FUNDS APPROPRIATED FOR THE ADMINISTRATIVE LAW JUDGE DIVISION TO BE CARRIED FORWARD INTO THE SUCCEEDING FISCAL YEAR, AND TO AUTHORIZE THE STATE DEPARTMENT OF EDUCATION TO TRANSFER EDUCATION FINANCE ACT FUNDS TO COVER OPERATING EXPENSES OF SCHOOL BUS SHOPS WITH ANY UNEXPENDED FUNDS FURTHER TRANSFERRED TO THE SCHOOL BUILDING FUND AFTER THE CLOSE OF FISCAL YEAR 1993-94.

(R487) H. 4994 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO CHILD DEVELOPMENT PROGRAMS (REPEALED IN ITS ENTIRETY), DESIGNATED AS REGULATION DOCUMENT NUMBER 1714, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R488) H. 4995 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO HALF-DAY CHILD DEVELOPMENT PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1715, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R489) H. 4996 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO STATE FUNDED REMEDIAL EDUCATION PROGRAMS (REPEALED IN ITS ENTIRETY) AND ACADEMIC ASSISTANCE PROGRAMS (GRADES 4-12), DESIGNATED AS REGULATION DOCUMENT NUMBER 1716, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R490) H. 4997 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO STATE FUNDED COMPENSATORY EDUCATION PROGRAMS (REPEALED IN ITS ENTIRETY) AND EARLY CHILDHOOD ASSISTANCE PROGRAMS, GRADES K-3 (REPLACES), DESIGNATED AS REGULATION DOCUMENT NUMBER 1717, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R491) H. 4998 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULES FOR SCHOOL DISTRICTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1736, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R492) H. 4999 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE COLLEGES AND UNIVERSITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1737, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R493) H. 5039 -- Reps. Snow, Harvin and Kennedy: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO THREE HUNDRED THIRTY-SIX THOUSAND FIVE HUNDRED DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF ERECTING A BUILDING FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION IN WILLIAMSBURG COUNTY.

(R494) H. 5106 -- Reps. Sheheen and Marchbanks: AN ACT TO AMEND SECTION 20-7-5010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT AND PURPOSE OF THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA AND SECTION 20-7-5030, RELATING TO THE BOARD OF TRUSTEES OF THE TRUST FUND, SO AS TO PROVIDE THAT THE PURPOSE OF THE FUND AND THE POWERS AND DUTIES OF THE BOARD ARE FOR THE PREVENTION OF CHILD ABUSE AND NEGLECT RATHER THAN FOR A BROAD ARRAY OF PREVENTION AND TREATMENT PROGRAMS FOR CHILDREN.

THE HOUSE RESUMES

At 11:40 A.M. the House resumed, the SPEAKER in the Chair.

S. 1154--OBJECTIONS AND DEBATE ADJOURNED

The following Bill was taken up.

S. 1154 -- Senators Lander, Matthews and Setzler: A BILL TO AMEND CHAPTER 5, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSTRUCTION OF PUBLIC BUILDINGS FOR ACCESS BY HANDICAPPED PERSONS, SO AS TO ADOPT THE REQUIREMENTS FOR ACCESSIBILITY FOR PEOPLE WITH PHYSICAL DISABILITIES IN THE STANDARD BUILDING CODE AND TO REVISE VARIOUS PROVISIONS IN THIS ARTICLE TO CONFORM; TO REVISE THE EX OFFICIO MEMBERS OF THE SOUTH CAROLINA BOARD FOR BARRIER-FREE DESIGN; TO PROVIDE THAT THE BOARD IS EXEMPT FROM REVIEW UNDER CHAPTER 20, TITLE 1; TO PROVIDE THAT THE BOARD IS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION WHICH MUST PROVIDE CERTAIN SERVICES AND FACILITIES; TO AUTHORIZE THE BOARD TO DELEGATE ENFORCEMENT TO COUNTY BUILDING OFFICIALS OR TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO AUTHORIZE A PERSON WHO IS DEPRIVED OF RIGHTS UNDER THIS CHAPTER TO SEEK AN INJUNCTION; AND TO AMEND SECTION 1-20-50, AS AMENDED, RELATING TO DATES FOR TERMINATION OF CERTAIN BOARDS UNDER REVIEW BY THE REORGANIZATION COMMISSION, SO AS TO DELETE THE BOARD FOR BARRIER-FREE DESIGN.

Reps. WELLS, ALLISON, DAVENPORT and CATO objected to the Bill.

Rep. J. WILDER explained the Bill and moved to adjourn debate upon the Bill until Tuesday, May 24, which was adopted.

S. 1370--DEBATE ADJOURNED

The following Bill was taken up.

S. 1370 -- Senators Bryan and O'Dell: 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.

Rep. CATO moved to adjourn debate upon the Bill until Tuesday, May 31.

Rep. CHAMBLEE moved to table the motion, which was not agreed to by a division vote of 6 to 7.

The question then recurred to the motion to adjourn debate, which was agreed to by a division vote of 8 to 1.

H. 4378--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4378 -- Reps. Scott, Rudnick and Corning: A BILL TO PROVIDE THAT, FOR PURPOSES OF PRIVATE PASSENGER AUTOMOBILE INSURANCE, IN AN ACCIDENT OR COLLISION WHERE THE PROPERTY DAMAGE IS SEVEN HUNDRED FIFTY DOLLARS OR MORE, A NONTICKETED VIOLATION IS NOT SUBJECT TO A RECOUPMENT CHARGE.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9213JM.94), which was adopted.

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

/SECTION     1.     Section 38-73-455(A)(3) of the 1976 Code is amended to read:

"(3)     has had two or more 'chargeable' accidents within the thirty-six months immediately preceding the effective date of coverage. A 'chargeable' accident is defined as one resulting in bodily injury to any person in excess of three six hundred dollars per person, death, or damage to the property of the insured or other person in excess of seven hundred fifty one thousand dollars. Accidents occurring under the circumstances enumerated below are not considered chargeable.

(a) The automobile was lawfully parked. An automobile rolling from a parked position is not considered as lawfully parked but is considered as operated by the last operator.

(b) The applicant or other operator or owner was reimbursed by or on behalf of a person responsible for the accident or has a judgment against this person.

(c) The automobile of an applicant or other operator was struck in the rear by another vehicle and the applicant or other operator has not been convicted of a moving traffic violation in connection with the accident.

(d) The operator of the other automobile involved in the accident was convicted of a moving traffic violation and the applicant or other operator was not convicted of a moving traffic violation in connection therewith.

(e) An automobile operated by the applicant or other operator is damaged as a result of contact with a 'hit and run' driver, if the applicant or other operator so reports the accident to the proper authority within twenty-four hours or, if the person is injured, as soon as the person is physically able to do so.

(f) Accidents involving damage by contact with animals or fowl.

(g) Accidents involving physical damage, limited to and caused by flying gravel, missiles, or falling objects.

(h) Accidents occurring as a result of the operation of any automobile in response to an emergency if the operator at the time of the accident was responding to a call of duty as a paid or volunteer member of any police or fire department, first aid squad, or any law enforcement agency. This exception does not include an accident occurring after the emergency situation ceases or after the private passenger motor vehicle ceases to be used in response to the emergency; or".

SECTION     2.     The threshold amounts of six hundred dollars and one thousand dollars set forth in the introductory paragraph of Section 38-73-455(A)(3) of the 1976 Code, as amended by Section 1 of this act, apply only to accidents occurring after June 30, 1994, and also apply to any merit rating plan promulgated by the Chief Insurance Commissioner pursuant to Section 38-73-760 of the 1976 Code.

SECTION     3.     Except as may otherwise be specifically provided in this act, this act takes effect upon approval by the Governor./

Amend title to conform.

Rep. J. BAILEY explained the amendment.

The amendment was then adopted.

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

H. 4378--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. J. BAILEY, with unanimous consent, it was ordered that H. 4378 be read the third time tomorrow.

LEAVE OF ABSENCE

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

H. 4431--OBJECTION AND INTERRUPTED DEBATE

The following Bill was taken up.

H. 4431 -- Rep. Gonzales: A BILL TO AMEND SECTION 27-40-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LANDLORD'S LIEN ON A TENANT'S HOUSEHOLD GOODS, SO AS TO CORRECT AN INTERNAL CROSS REFERENCE.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\16132AC.94), which was tabled.

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

/SECTION _____.     Section 15-41-30(3) of the 1976 Code is amended to read:

"(3)     The debtor's interest, not to exceed two thousand five hundred dollars in aggregate value in household furnishings, household goods, wearing apparel, appliances, books, animals, crops, or musical instruments, that are held primarily for the personal, family, or household use of the debtor or a dependent of the debtor; however this exemption does not apply to household furnishings, household goods, wearing apparel, appliances, books, animals, crops, or musical instruments that are being purchased by the debtor through a consumer credit transaction."/

Renumber sections to conform.

Amend title to conform.

Rep. McLEOD explained the amendment and moved to table the amendment, which was agreed to.

Rep. KENNEDY proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\16256AC.94).

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

/SECTION     __.     Notwithstanding any other provision of law, a person laying claim to any of the contents of a storage facility of any kind whatsoever located in this State shall pay to the owner of the storage facility all unpaid rents due for the use of the facility before taking possession of the contents. The owner of the storage facility is not responsible for any property taxes that may be due on any contents that have been in storage in the facility./

Renumber sections to conform.

Amend title to conform.

Rep. KENNEDY explained the amendment.

Rep. SCOTT objected to the Bill.

Rep. KENNEDY continued speaking.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 2, Rep. KENNEDY having the floor.

H. 4361--OBJECTION WITHDRAWN

Rep. DAVENPORT withdrew his objection to the following Bill.

H. 4361 -- Reps. Stuart, Snow, Vaughn, Quinn, Allison, Waites, Marchbanks and Inabinett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ANY PERSON ELECTED TO A SCHOOL DISTRICT BOARD OF TRUSTEES AFTER JULY 1, 1994, WHO PREVIOUSLY HAS NOT BEEN ELECTED TO SUCH OFFICE SHALL BE A HIGH SCHOOL GRADUATE OR HOLD A GENERAL EDUCATIONAL DEVELOPMENT TESTS DEGREE (GED), AND TO REQUIRE THESE PERSONS TO ALSO SUCCESSFULLY COMPLETE CERTAIN TRAINING WITHIN ONE YEAR OF TAKING OFFICE.

H. 4196--OBJECTION WITHDRAWN

Rep. SIMRILL withdrew his objection to the following Bill.

H. 4196 -- Reps. Harvin and Whipper: A BILL TO ENACT THE "SOUTH CAROLINA SALE OF CHECKS ACT", PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ACT BY THE DEPARTMENT OF CONSUMER AFFAIRS, AND PROVIDE FOR RELATED MATTERS, INCLUDING A LICENSING PROCEDURE AND THE PROMULGATION OF REGULATIONS.

S. 1312--RECALLED FROM THE COMMITTEE ON JUDICIARY

On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.

S. 1312 -- Senator Land: 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.

OBJECTION TO RECALL

Rep. J. BROWN asked unanimous consent to recall H. 4533 from the Committee on Judiciary.

Rep. MARCHBANKS objected.

OBJECTION TO RECALL

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

Rep. HOLT objected.

OBJECTION TO RECALL

Rep. KIRSH asked unanimous consent to recall S. 741 from the Committee on Ways and Means.

Rep. ANDERSON objected.

S. 1113--RECALLED FROM THE COMMITTEE
ON WAYS AND MEANS

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

S. 1113 -- Senators Mescher and Rose: A JOINT RESOLUTION TO GRANT THE DEPARTMENT OF REVENUE AND TAXATION THE DISCRETIONARY AUTHORITY TO DELAY IMPLEMENTATION OF SECTION 22 OF ACT 164 OF 1993 IF REQUESTED BY A COUNTY GOVERNING BODY AND TO PROVIDE THAT THE DELAY AND IMPLEMENTATION MAY NOT EXTEND BEYOND JANUARY 1, 1995.

S. 967--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. 967 -- Senators Ryberg and Leventis: A BILL TO AMEND SECTION 12-51-96, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REDEMPTION OF MOBILE AND MODULAR HOMES AFTER DELINQUENT TAX SALES, SO AS TO PROVIDE FOR A MAXIMUM AMOUNT THAT MAY BE CHARGED AS RENT WHEN AN OWNER REDEEMS A MOBILE OR MODULAR HOME.

S. 894--RECALLED FROM THE COMMITTEE ON JUDICIARY

On motion of Rep. MARTIN, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.

S. 894 -- Senators Hayes, Giese, Lander and Washington: A BILL TO AMEND SECTION 56-5-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF DRIVER INVOLVED IN ACCIDENT RESULTING IN DEATH OR PERSONAL INJURY, SO AS TO INCREASE THE PENALTIES FOR LEAVING THE SCENE OF AN ACCIDENT WHEN DEATH RESULTS.

OBJECTION TO RECALL

Rep. PHILLIPS asked unanimous consent to recall S. 397 from the Committee on Education and Public Works.

Rep. KIRSH objected.

H. 3599--RECALLED FROM THE COMMITTEE ON
EDUCATION AND PUBLIC WORKS

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

H. 3599 -- Rep. Davenport: A BILL TO AMEND SECTION 59-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF COMMISSIONERS OF THE SCHOOL FOR THE DEAF AND THE BLIND, SO AS TO ADD A MEMBER WHO REPRESENTS THE INTEREST OF PERSONS WITH MULTIPLE HANDICAPS.

OBJECTION TO RECALL

Rep. McABEE asked unanimous consent to recall S. 1077 from the Committee on Ways and Means.

Rep. KIRSH objected.

S. 897--RECALLED FROM THE COMMITTEE ON JUDICIARY

On motion of Rep. MARTIN, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.

S. 897 -- Senator Reese: A BILL TO AMEND SECTION 16-3-1070, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STALKING, SO AS TO INCREASE THE PENALTIES.

SPEAKER PRO TEMPORE IN CHAIR
H. 4625--SENATE AMENDMENTS AMENDED AND
RETURNED TO THE SENATE

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. SHEHEEN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6113HTC.94), which was adopted.

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

/SECTION ___.     Any increase in retirement benefits as a result of any recalculation pursuant to Section 9-8-60(5) of the 1976 Code, as amended by this act, applies only with respect to benefits paid after the effective date of this act./

Renumber sections to conform.

Amend title to conform.

Rep. SHEHEEN explained the amendment.

The amendment was then adopted.

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

H. 4494--POINT OF ORDER

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

H. 4494 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-31-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION, SO AS TO PROVIDE THAT A COVERED CLAIM DOES NOT INCLUDE ANY CLAIM FILED WITH THE ASSOCIATION AFTER THE FINAL DATE SET BY A COURT FOR THE FILING OF CLAIMS AGAINST THE LIQUIDATOR OR RECEIVER OF AN INSOLVENT INSURER OR ANY CLAIM FILED WITH THE ASSOCIATION MORE THAN EIGHTEEN MONTHS AFTER THE DECLARATION OF INSOLVENCY, WHICHEVER DATE OCCURS FIRST.

POINT OF ORDER

Rep. J. BAILEY made the Point of Order that the Senate amendments were improperly before the House for consideration since printed copies of the Senate amendments have not been upon the desks of the members for one day.

The SPEAKER Pro Tempore sustained the Point of Order.

H. 4497--POINT OF ORDER

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

H. 4497 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-77-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AUTOMOBILE INSURANCE", SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE THAT AN AUTOMOBILE INSURANCE POLICY INCLUDES A MOTOR VEHICLE LIABILITY POLICY DEFINED IN SECTION 56-9-20 AND ANY NAMED NONOWNER AUTOMOBILE INSURANCE POLICY.

POINT OF ORDER

Rep. J. BAILEY made the Point of Order that the Senate amendments were improperly before the House for consideration since printed copies of the Senate amendments have not been upon the desks of the members for one day.

The SPEAKER Pro Tempore sustained the Point of Order.

SPEAKER IN CHAIR

Rep. G. BROWN moved that the House do now adjourn.

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

The motion to adjourn was agreed to by a division vote of 56 to 26.

MOTION NOTED

Rep. HODGES moved to reconsider the vote whereby S. 48 was given a second reading and the motion was noted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5122 -- Rep. Keyserling: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A CROSSING IN BEAUFORT COUNTY AS THE "MARINE CORPS MEMORIAL CROSSING".

ADJOURNMENT

At 12:20 P.M. the House in accordance with the motion of Rep. G. BROWN adjourned to meet at 10:00 A.M. tomorrow.

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