South Carolina General Assembly
111th Session, 1995-1996
Journal of the House of Representatives

THURSDAY, FEBRUARY 16, 1995

Thursday, February 16, 1995
(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:

We thank You, Heavenly Father, for this another day added in which we are given the opportunity of serving You and our fellow beings. In this service, we desire Your Divine approval above all else. Make us to find in You a strong foundation that storms cannot shake, a deep well that droughts cannot exhaust, a citadel of strength that no foe can invade. And as we face decisions freighted with the destiny of many, unite our hearts and minds in a mighty purpose of achieving the best and noblest as measured by the standards of God.

We pray to Him Whose Name is above every name. 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. WILDER moved that when the House adjourns, it adjourn in memory of Henry Earl Pitts, Sr. of Clinton, which was agreed to.

INVITATION

The following was received and referred to the Committee on Invitations and Memorial Resolutions.

February 14, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

On behalf of The Society of the Plastics Industry, Inc. (SPI), its South Carolina members and other plastics industry professionals from the state, it is my pleasure to invite you and your House colleagues to attend a reception on Tuesday, March 28, 1995, from 6:00 until 8:00 P.M. at The Stadium Place, 1210 Bluff Road in Columbia. We are also inviting members of the Senate and their staff, the Governor and other Constitutional Officers and their staff members, and the members of the Recycling Market Development Advisory Committee and its staff.

We will be mailing reception invitations to individual members and will also encourage our industry representatives to contact their respective members personally.

This will be SPI's sixth annual South Carolina reception and we look forward again to a nice evening. With all respect, thank you for placing the event on the Legislative Calendar. I welcome your suggestions on additional ways we might publicize the event within the legislative community.

Please let me know if you require formal documentation of the event for record-keeping purposes. If you have any questions, Representative Quinn, please don't hesitate to call me.

Sincerely,
Loretta A. Capezzuto
Regional Manager

INTRODUCTION OF BILLS

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

H. 3617 -- Reps. Hallman, Herdklotz, Haskins, Fulmer, Mason, Meacham, Seithel, Hutson, Cato, Simrill, Fair, Jaskwhich, Limehouse, Fleming, Wofford, Tripp, Harrell, Easterday, Cromer and S. Whipper: A BILL TO AMEND SECTION 55-5-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF THE AERONAUTICS DIVISION OF THE DEPARTMENT OF COMMERCE, SO AS TO BRING ALL STATE AIRCRAFT UNDER THE CONTROL AND SUPERVISION OF THE DIVISION AND TO PROVIDE EXCEPTIONS.

Referred to Committee on Education and Public Works.

H. 3618 -- Reps. Lanford, Hines, Wofford, Felder, Askins, Vaughn, Rice, Stille, Wells, Cooper and Cato: A BILL TO AMEND SECTION 23-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSISTENCE ALLOWANCE FOR MUNICIPAL AND COUNTY LAW ENFORCEMENT OFFICERS, SO AS TO ADD PAID ON-DUTY FIREMEN.

Referred to Committee on Ways and Means.

H. 3619 -- Reps. Boan, J. Harris, McTeer, Keegan and Kennedy: A BILL TO PROVIDE FOR A STATEWIDE REFERENDUM TO BE HELD NOVEMBER 7, 1995, ON THE QUESTION OF RAISING THE SALES, USE, AND CASUAL EXCISE TAX FROM FIVE TO SIX PERCENT IN ORDER TO PROVIDE AN EXEMPTION FROM SALES TAX ON FOOD AND TO PROVIDE PROPERTY TAX RELIEF, AND TO MAKE THE PROVISIONS OF THIS ACT RAISING THE TAX, ELIMINATING CERTAIN EXEMPTIONS, IMPOSING ADDITIONAL TAXES AND FEES ON VIDEO GAMES WITH A FREE PLAY FEATURE, AND GRANTING PROPERTY TAX RELIEF AND EXEMPTING FOOD FROM THE SALES TAX CONTINGENT UPON A FAVORABLE MAJORITY VOTE IN THE REFERENDUM; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 36 OF TITLE 12 SO AS TO INCREASE THE SALES, USE, AND CASUAL EXCISE TAX FROM FIVE TO SIX PERCENT, TO PROVIDE FOR THE ADDITIONAL TAX REVENUES TO BE CREDITED TO A SEPARATE FUND STYLED THE "PROPERTY TAX RELIEF FUND" AND PROVIDE FOR THE DISTRIBUTION OF REVENUES FROM THE FUND TO REIMBURSE LOCAL GOVERNMENTS FOR REVENUE LOSSES CAUSED BY PROPERTY TAX RELIEF; TO AMEND SECTION 12-36-940, RELATING TO AMOUNTS RETAILERS MAY ADD TO THE SALES PRICE, SO AS TO REFLECT THE ADDITIONAL TAX; TO AMEND SECTION 12-36-2110, AS AMENDED, RELATING TO THE THREE HUNDRED DOLLAR MAXIMUM TAX ON MOTOR VEHICLES AND CERTAIN OTHER PROPERTY, SO AS TO INCREASE THE MAXIMUM TAX; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR TOLL AND ACCESS CHARGES AND TELEGRAMS; TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO THE STATE HIGHWAY FUND, SO AS TO REQUIRE INTEREST EARNED ON THE FUND TO BE CREDITED TO THE FUND AND TO REQUIRE THESE ADDITIONAL FUNDS TO BE USED FOR ROAD CONSTRUCTION AND MAINTENANCE; TO AMEND SECTIONS 12-21-2772, 12-21-2774, 12-21-2776, 12-21-2778, 12-21-2780, 12-21-2782, 12-21-2794, 12-21-2796, AND 12-21-2804, RELATING TO THE REGULATION OF VIDEO GAMES WITH A FREE PLAY FEATURE PURSUANT TO THE VIDEO GAME MACHINES ACT, SO AS TO REVISE REQUIREMENTS RELATING TO THESE MACHINES; TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-21-2779, 12-21-2781, 12-21-2783, 12-21-2787, 12-21-2795, 12-21-2800, AND 12-21-2801 SO AS TO PROVIDE FURTHER FOR THE REGULATION OF VIDEO GAMES WITH A FREE PLAY FEATURE, TO IMPOSE A TAX EQUAL TO FIFTEEN PERCENT OF GROSS MACHINE PROCEEDS, AND TO REQUIRE ADDITIONAL LICENSES FOR VIDEO GAMES WITH A FREE PLAY FEATURE; TO REPEAL SECTIONS 12-21-2719, 12-21-2728, 12-21-2732, AND 12-21-2791 RELATING TO REGULATIONS OF VIDEO GAMES WITH A FREE PLAY FEATURE; TO AMEND THE 1976 CODE BY ADDING SECTION 59-1-460 SO AS TO REQUIRE ADDITIONAL ANNUAL APPROPRIATIONS FOR PUBLIC EDUCATION AND PROVIDE THE USE OF THESE ADDITIONAL FUNDS; TO AMEND SECTION 11-11-140, AS AMENDED, RELATING TO LIMITATION ON APPROPRIATIONS, SO AS TO DELETE FROM THE LIMITATION APPROPRIATIONS TO THE PROPERTY TAX RELIEF FUND; TO REPEAL CHAPTER 10, TITLE 4, RELATING TO THE LOCAL OPTION SALES TAX; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-257 SO AS TO PROVIDE ADDITIONAL HOMESTEAD EXEMPTIONS FROM PROPERTY TAX; TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO THE VALUATION AND DEPRECIATION OF PERSONAL PROPERTY FOR PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE FOR ADDITIONAL DEPRECIATION FOR PERSONAL PROPERTY USED IN MANUFACTURING; TO AMEND SECTION 12-7-435, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS, SO AS TO PROVIDE DEDUCTIONS FOR CERTAIN INCOME OF PARTNERS, SUBCHAPTER "S" CORPORATION SHAREHOLDERS, AND MEMBERS OF LIMITED LIABILITY COMPANIES; TO AMEND THE 1976 CODE BY ADDING SECTION 4-29-72 SO AS TO ELIMINATE THE MINIMUM INVESTMENT THRESHOLD FOR FEE IN LIEU OF TAXES AGREEMENTS; TO AMEND SECTION 4-29-10, RELATING TO DEFINITIONS FOR PURPOSES OF INDUSTRIAL DEVELOPMENT PROJECTS FINANCED BY SPECIAL SOURCE BONDS, SO AS TO EXTEND ELIGIBILITY FOR THESE PROJECTS TO UTILITY PROJECTS, TO PHASE-OUT THE SOFT DRINKS TAX OVER THREE YEARS; TO REPEAL ARTICLE 13, CHAPTER 21, TITLE 12, RELATING TO THE SOFT DRINK TAX EFFECTIVE JULY 1, 1998; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FOOD ELIGIBLE FOR PURCHASE WITH FOOD STAMPS FROM THE SALES TAX EFFECTIVE JULY 1, 1998, AND TO PROVIDE LOWER TRANSITION SALES TAX RATES ON FOOD; TO AMEND SECTION 12-4-310, AS AMENDED, RELATING TO DUTIES OF THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL COLLECT ALL PROPERTY TAXES ON PROPERTY ASSESSED BY IT EXCEPT FOR BUSINESS PERSONAL PROPERTY; TO AMEND SECTION 12-4-540, RELATING TO DUTIES OF THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL ASSESS BUSINESS PERSONAL PROPERTY; TO AMEND SECTION 12-37-970, AS AMENDED, RELATING TO PERSONAL PROPERTY TAX RETURNS, SO AS TO PROVIDE FOR THE FILING OF SUCH RETURNS WITH THE TAXPAYER'S INCOME TAX RETURN; TO REPEAL SECTION 12-37-905 RELATING TO RETURNS REQUIRED TO BE FILED WITH THE COUNTY AUDITOR; TO AMEND SECTION 12-43-250, RELATING TO SALES RATIO STUDIES, SO AS TO REQUIRE REASSESSMENTS EVERY THREE YEARS; TO AMEND SECTION 12-43-300, AS AMENDED, RELATING TO PROPERTY TAX APPEALS, SO AS TO PROVIDE A REVISED APPEALS PROCEDURE; TO AMEND THE 1976 CODE BY ADDING SECTION 12-4-580 SO AS TO ALLOW COUNTIES TO TRANSFER THE ASSESSING FUNCTION TO THE DEPARTMENT OF REVENUE AND TAXATION AND TO PROVIDE THE APPLICABLE PROCEDURES FOR THE TRANSFER; TO AMEND SECTION 12-37-90, RELATING TO COUNTY ASSESSOR, SO AS TO CONFORM IT TO THE PROVISIONS OF THIS ACT; TO AMEND SECTION 12-4-320, AS AMENDED, RELATING TO FUNCTIONS OF THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO ALLOW THE DEPARTMENT TO WAIVE THE RETROACTIVE ASSESSMENT OF A STATE TAX AND PROVIDE THE CIRCUMSTANCES REQUIRED FOR THE WAIVER; TO AMEND SECTION 12-54-160, RELATING TO AUTHORITY OF THE DEPARTMENT WITH RESPECT TO THE WAIVER OF PENALTIES AND INTEREST, SO AS TO PROVIDE CIRCUMSTANCES WHEN INTEREST MAY BE WAIVED; AND TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-60 SO AS TO PROVIDE NOTICE REQUIREMENTS WITH RESPECT TO THE BUDGET PROCESS AND TAXING POWER OF LOCAL GOVERNMENTS.

Referred to Committee on Ways and Means.

H. 3620 -- Reps. Boan, J. Harris, McTeer, Keegan and Kennedy: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1(8), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ASSESSMENT RATIO APPLICABLE TO CERTAIN PERSONAL PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ESTABLISH A SEPARATE CLASS FOR CERTAIN PROPERTY REQUIRED TO BE TITLED BY A STATE OR FEDERAL AGENCY, TO PROVIDE THE ASSESSMENT RATIOS FOR THE NEW CLASS, AND TO PROVIDE THAT THE DETERMINATION OF THE FAIR MARKET VALUE OF MOTOR VEHICLES IN THIS CLASS MAY NOT BE BASED ON THE MILEAGE ON THE VEHICLE.

Referred to Committee on Ways and Means.

H. 3621 -- Reps. Boan, J. Harris, McTeer, Keegan and Kennedy: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF PROPERTY AND ASSESSMENT RATIOS FOR PURPOSES OF THE PROPERTY TAX, SO AS TO REDUCE THE ASSESSMENT RATIO ON MANUFACTURING AND UTILITY PROPERTY FROM TEN AND ONE-HALF PERCENT TO NINE PERCENT IN ONE-HALF PERCENT INCREMENTS BEGINNING IN TAX YEAR 1996 AND TO MAKE THIS AMENDMENT CONTINGENT ON A FAVORABLE VOTE IN A STATEWIDE REFERENDUM ON THE QUESTION OF INCREASING THE SALES, USE, AND CASUAL EXCISE TAX TO TAKE EFFECT JULY 1, 1996, WITH THE ADDITIONAL REVENUE USED FOR PROPERTY TAX RELIEF.

Referred to Committee on Ways and Means.

H. 3622 -- Reps. Boan, J. Harris, McTeer, Keegan and Kennedy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 4-9-142, 5-21-70, AND 6-1-60 SO AS TO PROVIDE A SPENDING LIMIT FOR COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE AND PUBLIC SERVICE DISTRICTS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-73-35 SO AS TO IMPOSE A LIMIT ON AD VALOREM TAX REVENUES FOR SCHOOL DISTRICTS.

Referred to Committee on Ways and Means.

H. 3623 -- Reps. Richardson, S. Whipper, Herdklotz, Simrill, Cotty, Kennedy, Jaskwhich, Haskins, Canty, Moody-Lawrence, Stuart, J. Harris, Cave, Wells, Witherspoon, Riser, Hines, Fleming, Easterday, Littlejohn, L. Whipper and Seithel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-3325 SO AS TO REQUIRE THAT A MINIMUM OF TWENTY-FIVE PERCENT OF THE GROSS PROCEEDS FROM THE SALE OF BINGO CARDS AND ENTRANCE FEES BE EXPENDED FOR CHARITABLE PURPOSES.

Referred to Committee on Ways and Means.

H. 3624 -- Rep. Sharpe: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 57 SO AS TO ENACT THE SOUTH CAROLINA ENVIRONMENTAL AUDIT ACT OF 1995 SO AS TO DEFINE ENVIRONMENTAL AUDITS AND AUDIT REPORTS AND TO CREATE A PRIVILEGE WITH REGARD TO CONTENTS OF THESE REPORTS AND TO PROVIDE EXCEPTIONS.

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

H. 3626 -- Rep. Stille: A BILL TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A VIOLATION OF THE MANDATORY USE OF A SEAT BELT PROVISION, SO AS TO ELIMINATE A LAW ENFORCEMENT OFFICER'S ABILITY TO STOP A MOTOR VEHICLE DRIVER FOR A VIOLATION OF THIS PROVISION SOLELY IN CONJUNCTION WITH A DRIVER'S LICENSE CHECK OR REGISTRATION CHECK CONDUCTED AT A CHECKPOINT ESTABLISHED TO STOP ALL DRIVERS ON A ROAD.

Referred to Committee on Judiciary.

HOUSE RESOLUTION

The following was introduced:

H. 3625 -- Reps. Cobb-Hunter and Felder: A HOUSE RESOLUTION TO WELCOME TO SOUTH CAROLINA THE GERMAN UNITED METHODIST SINGERS WHO WILL BE CONDUCTING THEIR SECOND UNITED STATES TOUR FEBRUARY 10-24, 1995, TO CELEBRATE AFRICA UNIVERSITY AND TO WISH THEM WELL DURING THEIR STAY IN THE UNITED STATES.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 528 -- Senator Drummond: A CONCURRENT RESOLUTION CONGRATULATING THE MEN'S TENNIS TEAM OF LANDER UNIVERSITY ON WINNING THE 1994 NCAA DIVISION II NATIONAL CHAMPIONSHIP, AS WELL AS THE NATIONAL DOUBLES TITLE.

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

ROLL CALL

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

Baxley                 Beatty                 Boan
Breeland               Brown, G.              Brown, H.
Brown, J.              Brown, T.              Cain
Carnell                Cato                   Cave
Chamblee               Cobb-Hunter            Cooper
Dantzler               Davenport              Delleney
Easterday              Elliott                Fleming
Fulmer                 Gamble                 Harrell
Harris, J.             Harris, P.             Harrison
Haskins                Herdklotz              Hodges
Huff                   Inabinett              Jaskwhich
Jennings               Keegan                 Kelley
Keyserling             Kinon                  Klauber
Knotts                 Lanford                Limbaugh
Limehouse              Littlejohn             Lloyd
Mason                  McAbee                 McCraw
McKay                  McMahand               Meacham
Moody-Lawrence         Phillips               Rhoad
Rice                   Richardson             Riser
Robinson               Sandifer               Scott
Seithel                Sharpe                 Sheheen
Shissias               Smith, D.              Smith, R.
Spearman               Stille                 Stuart
Thomas                 Tripp                  Trotter
Tucker                 Vaughn                 Waldrop
Walker                 Whatley                Whipper, L.
Whipper, S.            White                  Wilder
Wilkes                 Wilkins                Witherspoon
Wofford                Worley                 Wright
Young, A.              Young, J.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, February 16.

Kenneth Kennedy                   Ronald P. Townsend
Harry R. Askins                   J. Gary Simrill
Harry M. Hallman, Jr.             James N. Law
Dewitt Williams                   Ralph Anderson
Timothy F. Rogers                 Leon Howard
Michael L. Fair                   William F. Cotty
Denny W. Neilson                  Jesse E. Hines
Jerry N. Govan, Jr.               L. Morgan Martin
Douglas E. McTeer, Jr.            George H. Bailey
Claude V. Marchbanks              Carole C. Wells
Alma W. Byrd                      Herbert Kirsh
Eugene C. Stoddard                C. Alex Harvin, III
B. Hicks Harwell                  Larry L. Koon
James L.M. Cromer, Jr.            William Clyburn
Richard M. Quinn, Jr.             John G. Felder
Joseph T. McElveen, Jr.           Heyward G. Hutson
Joseph H. Neal                    Ralph W. Canty
Total Present--123

RECORD FOR JOURNAL

My key did not fit properly during roll call.

Rep. WILLIAM CLYBURN

LEAVES OF ABSENCE

The SPEAKER granted Rep. ALLISON a leave of absence for the day due to illness in the family.

The SPEAKER granted Rep. KENNEDY a leave of absence for the remainder of the day due to illness.

LEAVE OF THE HOUSE GRANTED

The SPEAKER granted Reps. KIRSH, WELLS, McTEER, BAILEY and MARCHBANKS a leave of the House due to a Compliance Review for Motor Vehicle Resources meeting.

SPECIAL PRESENTATION

Rep. T. BROWN presented to the House the Choppee Indian High School Varsity Football Team, its coaches and other school officials, winners of the 1994 Class A State Championship.

POINT OF PERSONAL PRIVILEGE

Rep. FELDER arose to a Point of Personal Privilege.

ORDERED ENROLLED FOR RATIFICATION

The following Bills 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. 278 -- Senators Mescher and Rose: A BILL TO AMEND ACT 1093 OF 1966, AS LAST AMENDED BY ACT 437 OF 1973, RELATING TO THE GOOSE CREEK PARK AND PLAYGROUND COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE GOOSE CREEK RECREATION COMMISSION.

S. 474 -- Senator Holland: A BILL TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF SECONDARY ROAD S28-539 IN KERSHAW COUNTY.

H. 3590--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3590 -- Reps. Harrell, Dantzler, Fulmer, Hallman, Hutson, Limehouse, Seithel, Whatley, L. Whipper, Inabinett and Breeland: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, COMMISSIONS, AND TO THE GOVERNING BODIES OF SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING CHARLESTON COUNTY TO THE GOVERNING BODY OF CHARLESTON COUNTY.

Rep. L. WHIPPER proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3709DW.95), which was tabled.

Amend the bill, as and if amended, SECTION 1, page 2, line 41, by deleting:

/(23) Magistrates.................Section 22-1-10/

Renumber items to conform.

Amend title to conform.

Rep. HARRELL moved to table the amendment, which was agreed to by a division vote of 8 to 4.

Rep. L. WHIPPER proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\DKA\3707DW.95), which was tabled.

Amend the bill, as and if amended, SECTION 1, page 1, by inserting after /County/ on line 29 /only after the governing body of the county has adopted a method of electing its members from single member districts/.

Amend title to conform.

Rep. HARRELL moved to table the amendment, which was agreed to by a division vote of 8 to 3.

Rep. L. WHIPPER proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\DKA\3706DW.95), which was tabled.

Amend the bill, as and if amended, SECTION 1, page 1, line 29, by inserting at the end: /All recommendations must be made so as to avoid discrimination because of race, religion, color, sex, or national origin./

Amend title to conform.

Rep. HARRELL moved to table the amendment, which was agreed to by a division vote of 7 to 4.

Rep. HARRELL proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\DKA\3714DW.95), which was adopted.

Amend the bill, as and if amended, SECTION 1, page 1, line 29, by inserting at the end: /All recommendations must be made without regard to race, religion, color, sex, or national origin./

Amend title to conform.

Rep. L. WHIPPER moved to table the amendment, which was not agreed to by a division vote of 4 to 8.

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

Rep. HARRELL proposed the following Amendment No. 5 (Doc Name L:\COUNCIL\LEGIS\AMEND\JIC\5418DW.95), which was adopted.

Amend the bill, as and if amended, SECTION 1, page 1, line 27, by inserting after /County/ /these appointments and recommendations/

Amend title to conform.

Rep. BREELAND demanded the yeas and nays on the adoption of the amendment, which were not ordered.

The amendment was then adopted by a division vote of 8 to 3.

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

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

Yeas 8; Nays 4

Those who voted in the affirmative are:

Dantzler               Fulmer                 Hallman
Harrell                Hutson                 Limehouse
Seithel                Whatley

Total--8

Those who voted in the negative are:

Breeland               Inabinett              Whipper, L.
Whipper, S.

Total--4

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

ORDERED TO THIRD READING

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

H. 3603 -- Reps. Wright and Riser: A BILL TO AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE IRMO FIRE DISTRICT, SO AS TO DELETE THE REQUIREMENT TO HAVE ONLY VOLUNTEER FIREMEN WORK FOR THE DISTRICT, AND DELETE THE AUTHORITY FOR A FIVE MILL TAX LEVY FOR THE DISTRICT AND AUTHORIZE A TAX EQUAL TO THE AMOUNT LEVIED BY LEXINGTON COUNTY FOR COUNTYWIDE FIRE PROTECTION BE LEVIED FOR THE BENEFIT OF THE DISTRICT.

H. 3614 -- Reps. A. Young, Harrell, Cobb-Hunter, Bailey and Hutson: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.

H. 3574 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FOOD STAMP ISSUANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1769, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. McTEER explained the Joint Resolution.

H. 3311 -- Rep. Rogers: A BILL TO AMEND SECTION 7-5-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF ELECTORS BY MAIL, SO AS TO DELETE THE REQUIREMENT THAT AN APPLICATION BE WITNESSED BY A QUALIFIED ELECTOR FROM THE RESPECTIVE COUNTY AND PROVIDE THAT IT ONLY BE WITNESSED BY A QUALIFIED ELECTOR.

Rep. CROMER explained the Bill.

H. 3207 -- Reps. P. Harris, J. Harris, Shissias and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-5245 SO AS TO PROVIDE REQUIREMENTS FOR PLACEMENT OF EMOTIONALLY DISTURBED CHILDREN IN SUBSTITUTE CARE SETTINGS.

Rep. McTEER explained the Bill.

H. 3602 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO ADJUSTMENT OF DOLLAR AMOUNTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1775, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. GAMBLE explained the Joint Resolution.

S. 351 -- Senators Giese, Passailaigue, Glover, Bryan, Lander, Reese, Rose, Russell and J. Verne Smith: A BILL TO AMEND SECTION 43-21-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELDERCARE TRUST FUND MONIES AND DISBURSEMENTS, SO AS TO MAKE ALL ASSETS OF THE FUND AVAILABLE FOR DISBURSEMENT AFTER ALLOWANCES FOR OPERATING EXPENSES RATHER THAN ONLY SEVENTY-FIVE PERCENT OF THE FUNDS UNTIL FIVE MILLION DOLLARS ACCRUE; AND TO PROVIDE THAT ANY ASSETS HELD IN THE FUND UNDER THE FORMER PROVISIONS OF SECTION 43-21-180 MUST BE RELEASED AND DISBURSED IN ACCORDANCE WITH THIS SECTION.

Rep. CANTY explained the Bill.

H. 3603--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WRIGHT, with unanimous consent, it was ordered that H. 3603 be read the third time tomorrow.

H. 3614--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. A. YOUNG, with unanimous consent, it was ordered that H. 3614 be read the third time tomorrow.

H. 3207--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. J. BROWN, with unanimous consent, it was ordered that H. 3207 be read the third time tomorrow.

S. 351--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. CANTY, with unanimous consent, it was ordered that S. 351 be read the third time tomorrow.

SENT TO THE SENATE

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

H. 3037 -- Reps. Kirsh, Simrill, Meacham, S. Whipper, Stille, Walker, Sandifer, Cain, Whatley, Shissias, Riser and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2947 SO AS TO PROVIDE THAT WHEN A PERSON COMMITS CERTAIN DRUG AND ALCOHOL-RELATED MOTOR VEHICLE OFFENSES AND A MINOR WAS A PASSENGER IN THE VEHICLE AT THE TIME OF THE OFFENSE, THE PERSON IS GUILTY OF THE OFFENSE OF CHILD ENDANGERMENT AND MUST BE PENALIZED BY A MANDATORY FINE OR IMPRISONMENT NOT LESS THAN ONE-HALF OF THE MAXIMUM FINE OR IMPRISONMENT GIVEN FOR THE ORIGINAL OFFENSE, AND TO PROVIDE THAT A PERSON MAY BE CONVICTED OF CHILD ENDANGERMENT IN ADDITION TO THE OTHER OFFENSES.

H. 3575 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO PROFESSIONAL PRACTICES, THERAPEUTIC MODALITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1758, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3576 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF MEDICAL EXAMINERS, RELATING TO REQUIREMENTS TO TAKE STEP 3 OF THE UNITED STATES MEDICAL LICENSING EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1773, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3577 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CAMPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1807, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3593 -- Rep. McMahand: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO INSTALL AN ELECTRONIC TRAFFIC SIGNAL AT THE INTERSECTION OF SOUTH CAROLINA ROUTE 20 AND LENHARDT ROAD IN GREENVILLE COUNTY.

H. 3517--AMENDED AND DEBATE ADJOURNED

The following Bill was taken up.

H. 3517 -- Rep. Hodges: A BILL TO AMEND SECTIONS 14-1-206 AND 14-1-209, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENTS TO BE IMPOSED IN CRIMINAL CASES IN CERTAIN COURTS, SO AS TO EXCLUDE THE FAMILY COURT; TO AMEND SECTION 16-19-10, RELATING TO THE UNLAWFUL SETTING UP OF LOTTERIES, SO AS TO FURTHER PROVIDE FOR THE PENALTIES TO BE IMPOSED AND FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 17-15-260, RELATING TO THE DISPOSITION OF CERTAIN BAIL AND RECOGNIZANCES, SO AS TO PROVIDE FOR THE MANNER IN WHICH FUNDS TO BE DEPOSITED IN THE STATE GENERAL FUND MUST BE TRANSMITTED TO THE STATE TREASURER; TO AMEND SECTION 23-31-190, AS AMENDED, RELATING TO THE PENALTIES FOR PISTOL OR FIREARM VIOLATIONS, SO AS TO FURTHER PROVIDE FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 56-5-6540, RELATING TO THE PENALTIES FOR SAFETY BELT VIOLATIONS, SO AS TO DELETE THE PROHIBITION AGAINST COURT COSTS BEING ASSESSED AGAINST THE PERSON CONVICTED; AND TO REPEAL SECTION 24-23-220, RELATING TO THE PAYMENT AND DISTRIBUTION OF CERTAIN ASSESSMENTS AND RESTITUTION CHARGES AND SECTION 47-1-160 RELATING TO THE DISPOSITION OF FINES FOR CRUELTY TO ANIMAL VIOLATIONS.

Rep. HODGES proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21428SD.95), which was adopted.

Amend the bill, as and if amended, in Section 17-15-260 of the 1976 Code, as contained in SECTION 4, by striking the sentence which begins on line 19, page 3 and inserting /All funds to be deposited in the state general fund shall be transmitted to the State Treasurer./

Renumber sections to conform.

Amend totals and title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Rep. TRIPP moved to adjourn debate upon the Bill until Tuesday, February 21, which was adopted.

H. 3204--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3204 -- Reps. Limbaugh, McKay, Harrison and Huff: A BILL TO AMEND SECTION 15-3-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE STATUTE OF LIMITATIONS ON CIVIL ACTIONS FOR PERSONS UNDER DISABILITY, SO AS TO ELIMINATE THE EXCEPTION FOR PERSONS IMPRISONED FOR CERTAIN OFFENSES.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21387SD.95), which was adopted.

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

/SECTION     2.     This act takes effect upon approval by the Governor and applies to causes of action accruing on or after July 1, 1995./

Renumber sections to conform.

Amend totals and title to conform.

Rep. HARRISON explained the amendment.

The amendment was then adopted.

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

H. 3262--POINT OF ORDER

The following Bill was taken up.

H. 3262 -- Reps. Harrison, Baxley, Jennings, Cobb-Hunter, Beatty, Huff, Martin, S. Whipper, L. Whipper and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-547 SO AS TO ENSURE THE RIGHT OF BREAST IMPLANT VICTIMS WHO ARE MEMBERS OF THE SETTLEMENT CLASS OF THE IN RE SILICONE GEL BREAST IMPLANT PRODUCTS LIABILITY LITIGATION (MDL 926) TO BRING AN ACTION FOR PERSONAL INJURIES OR DEATH.

POINT OF ORDER

Rep. HARRISON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 3314--POINT OF ORDER

The following Bill was taken up.

H. 3314 -- Rep. Rogers: A BILL TO AMEND SECTION 7-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO PROHIBIT A MEMBER OF THE COMMISSION FROM PARTICIPATING IN POLITICAL MANAGEMENT OR IN A POLITICAL CAMPAIGN DURING THE MEMBER'S TERM OF OFFICE, TO PROHIBIT A MEMBER OF THE COMMISSION FROM MAKING A CONTRIBUTION TO A CANDIDATE OR KNOWINGLY ATTEND A FUNDRAISER HELD FOR THE BENEFIT OF A CANDIDATE, AND TO PROVIDE THAT THE MEMBER MAY BE REMOVED FOR A VIOLATION OF THIS SECTION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9890DW.95).

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

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

"Section 7-13-75.     No member of a county or municipal election commission, voter registration board, or combined election and voter registration commission may participate in political management or in a political campaign during the member's term of office. No member may make a contribution to a candidate or knowingly attend a fundraiser held for the benefit of a candidate over whose election the member has jurisdiction. Violation of this section subjects the member to removal by the Governor or appropriate appointive authority."/

Renumber sections to conform.

Amend title to conform.

Rep. CROMER explained the amendment.

POINT OF ORDER

Rep. HUFF made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 3185--POINT OF ORDER

The following Bill was taken up.

H. 3185 -- Reps. P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Rhoad and Shissias: A BILL TO AMEND THE CODE OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-35-13 SO AS TO PROVIDE THAT NO VULNERABLE ADULT MAY BE CONSIDERED ABUSED OR NEGLECTED FOR THE SOLE REASON THAT THE VULNERABLE ADULT IS BEING FURNISHED NONMEDICAL REMEDIAL TREATMENT BY SPIRITUAL MEANS.

Rep. CANTY explained the Bill.

POINT OF ORDER

Rep. FAIR made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 3115--POINT OF ORDER

The following Bill was taken up.

H. 3115 -- Reps. Shissias, Gamble, Neilson, Baxley, Allison, Elliott, Stuart and Knotts: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO ORDER PARTIES IN A DIVORCE ACTION TO ATTEND THE PARENT AND CHILD TRANSITIONS PROGRAM, AN EDUCATIONAL PROGRAM CONDUCTED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES ON THE EFFECTS OF DIVORCE ON CHILDREN; AND TO ADD SECTION 44-49-90 SO AS TO DIRECT THE DEPARTMENT TO DEVELOP AND IMPLEMENT THIS PROGRAM AND TO AUTHORIZE THE DEPARTMENT TO CHARGE A FEE FOR THE PROGRAM.

POINT OF ORDER

Rep. HARRISON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

RECURRENCE TO THE MORNING HOUR

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

HOUSE RESOLUTION

On motion of Rep. KLAUBER, with unanimous consent, the following was taken up for immediate consideration:

H. 3627 -- Reps. Klauber, Carnell, McAbee and Stille: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE LANDER UNIVERSITY MEN'S TENNIS TEAM AND ITS COACHES ON THURSDAY, FEBRUARY 16, 1995, FOR THE PURPOSE OF BEING RECOGNIZED ON WINNING THE NATIONAL TENNIS CROWN.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the Lander University men's tennis team and its coaches, at a time to be determined by the Speaker, on Thursday, February 16, 1995, for the purpose of being recognized on winning the national tennis crown.

The Resolution was adopted.

SPECIAL PRESENTATION

Rep. KLAUBER presented to the House the Lander University Men's Tennis Team, its coaches and other school officials, winners of the National Tennis Crown.

INTRODUCTION OF BILLS

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

H. 3628 -- Reps. Thomas, Moody-Lawrence, Cobb-Hunter, Richardson, T. Brown, Knotts, Keegan, Wright, J. Harris, Gamble, J. Young, P. Harris, Baxley, Townsend, Dantzler, Witherspoon, Stille, Law, Scott, Riser and Cotty: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO EXAMINE STATE LAW RELATING TO THE REQUIREMENTS FOR THE TRANSPORTATION, POSSESSION, AND CONSUMPTION OF ALCOHOLIC LIQUORS IN MINIBOTTLES AND TO EXAMINE AMENDMENTS TO STATE LAW PERTAINING TO ALCOHOLIC LIQUOR BY THE DRINK.

Referred to Committee on Judiciary.

H. 3629 -- Rep. H. Brown: A JOINT RESOLUTION SUSPENDING THE LIMITATIONS ON APPROPRIATIONS PROVIDED PURSUANT TO SECTION 11-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR FISCAL YEAR 1995-96 AND TO PROVIDE THAT ANY ADDITIONAL REVENUES MADE AVAILABLE FOR APPROPRIATION RESULTING FROM THIS SUSPENSION MUST BE USED FOR PROPERTY TAX RELIEF.

Referred to Committee on Ways and Means.

H. 3630 -- Reps. Kelley, Keegan, Worley, Martin, Trotter, Witherspoon and Thomas: A BILL TO AMEND SECTION 61-3-990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON SALES BY RETAIL DEALERS OF ALCOHOLIC BEVERAGES, SO AS TO AUTHORIZE THE SALE OF ALCOHOLIC BEVERAGES IN SEALED CONTAINERS OF TWO OUNCES OR LESS FOR CONSUMPTION IN COMMERCIAL AIRCRAFT ENGAGED IN INTERSTATE COMMERCE.

Referred to Committee on Ways and Means.

H. 3631 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-33-75 SO AS TO REQUIRE ALL HOSPITAL BASED HEALTH CARE SERVICES AND ALL HEALTH CARE SERVICES OFFERED IN OR THROUGH A HOSPITAL PROVIDER UNDER A HEALTH MAINTENANCE ORGANIZATION (HMO) ALSO MUST BE PROVIDERS UNDER THAT HMO.

Referred to Committee on Labor, Commerce and Industry.

H. 3632 -- Reps. Jennings, Harwell, Knotts, Klauber and Shissias: A BILL TO CONFORM CERTAIN PROVISIONS OF LAW TO THE NEW SOUTH CAROLINA RULES OF EVIDENCE WHICH TAKE EFFECT SEPTEMBER 3, 1995, BY AMENDING SECTION 15-75-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPUTATION TO A FEMALE OF A WANT OF CHASTITY SO AS TO DELETE REFERENCES TO THE RULES OF EVIDENCE AT COMMON LAW; BY AMENDING SECTION 19-11-30, AS AMENDED, RELATING TO THE COMPETENCY OF SPOUSES AS WITNESSES IN LEGAL PROCEEDINGS, SO AS TO PROVIDE THAT SPOUSES ARE COMPETENT TO BE WITNESSES BECAUSE UNDER THE NEW RULES OF EVIDENCE EVERY PERSON IS DEEMED COMPETENT TO BE A WITNESS UNLESS OTHERWISE SPECIFIED; BY AMENDING SECTION 19-11-50, RELATING TO THE TESTIMONY OF A DEFENDANT IN CRIMINAL CASES, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CRIMINAL DEFENDANTS MAY TESTIFY; BY AMENDING SECTION 19-21-50, RELATING TO PROOF OF LOST PAPERS SO AS TO DELETE REFERENCES TO THE PROOF OF LOST PAPERS ACCORDING TO THE RULES OF EVIDENCE EXISTING AT COMMON LAW; BY AMENDING SECTION 24-21-990, AS AMENDED, RELATING TO THE RESTORATION OF A PERSON'S CIVIL RIGHTS UPON A PARDON, SO AS TO FURTHER PROVIDE FOR HIS RIGHT TO TESTIFY WITHOUT HAVING HIS CONVICTION INTRODUCED FOR IMPEACHMENT PURPOSES; AND BY REPEALING SECTIONS 19-1-40, 19-1-50, 19-5-410, 19-11-10, 19-11-25, 19-11-40, 19-11-60, AND 19-11-70 RELATING TO VARIOUS PROVISIONS OF LAW IN REGARD TO EVIDENTIARY MATTERS IN LEGAL PROCEEDINGS.

Referred to Committee on Judiciary.

H. 3633 -- Reps. Shissias, Neal, Cobb-Hunter, Beatty, Keyserling, Inabinett, Neilson, L. Whipper, Howard, Scott, Lloyd, Harvin, Stuart, Hodges, Spearman, S. Whipper, Askins and Lanford: A BILL TO ENACT THE ECONOMIC SELF-SUFFICIENCY AND PARENTAL RESPONSIBILITY ACT OF 1995 SO AS TO ESTABLISH THE WELFARE POLICY OF THE STATE; TO EXPAND THE DEPARTMENT OF SOCIAL SERVICES WORK SUPPORT PROGRAM STATEWIDE; TO REVISE THE REQUIREMENTS FOR PARTICIPATION IN THE WORK SUPPORT PROGRAM; TO REQUIRE AID TO FAMILIES WITH DEPENDENT CHILDREN (AFDC) RECIPIENTS TO ENTER INTO AGREEMENTS AND TO ALLOW SANCTIONS FOR NONCOMPLIANCE; TO INCREASE THE FAMILY ASSETS LIMIT AND TO REMOVE THE AUTOMOBILE RESOURCE VALUE LIMIT; TO EXCLUDE FROM INCOME INTEREST AND DIVIDENDS AND A MINOR CHILD'S EARNINGS; TO ALLOW INDIVIDUAL DEVELOPMENT ACCOUNTS; TO REVISE THE AMOUNT A FAMILY MAY DISREGARD AS INCOME; TO DEVELOP A TRANSITION FROM AFDC INCOME WHICH ALLOWS A FAMILY TO RECEIVE CERTAIN BENEFITS AFTER THEY ARE NO LONGER ELIGIBLE; TO LIMIT RECEIVING AFDC TO THIRTY-SIX MONTHS EXCEPT UNDER CERTAIN CONDITIONS; TO ELIMINATE THE FAMILY DEPRIVATION RULE; TO PROVIDE INCENTIVES TO BUSINESS AND INDUSTRY TO HIRE AFDC RECIPIENTS; TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO SEEK FEDERAL FUNDS FOR ENTREPRENEURIAL DEVELOPMENT INCENTIVES FOR AFDC RECIPIENTS; TO INCREASE THE AMOUNT RETURNED TO AFDC FAMILIES FROM CHILD SUPPORT COLLECTED; TO PROVIDE OUTREACH SERVICES; TO ENDORSE LOCAL EFFORTS FOR A STATEWIDE MASS TRANSIT NETWORK; TO PROVIDE THAT FUNDS MUST BE APPROPRIATED TO MATCH FEDERAL CHILD CARE FUNDS; TO EXTEND CERTAIN FEDERAL FUNDS TO LOCAL ENTITIES TO PROVIDE LOW INCOME RENTAL HOUSING; TO REQUIRE UNEMPLOYED NONCUSTODIAL PARENTS TO PARTICIPATE IN THE DEPARTMENT'S WORK SUPPORT PROGRAM; TO PROMOTE ADOLESCENT PREGNANCY PREVENTION EFFORTS AND THE EXPANSION OF FAMILY PLANNING SERVICES; AND TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL BY 2001 TO MAKE FAMILY PLANNING SERVICES AVAILABLE TO WOMEN UNDER ONE HUNDRED EIGHTY-FIVE PERCENT OF THE FEDERAL POVERTY LEVEL.

Referred to Committee on Judiciary.

H. 3634 -- Reps. Hutson, R. Smith, Tripp, Law, Vaughn, Cotty, Meacham, Lanford, Fulmer, Simrill, Hallman, Whatley, Stille, Limehouse, Shissias, Walker, Trotter, Robinson, Davenport, Seithel, Littlejohn, Hallman, Wofford, Rice, Haskins, Cato, D. Smith, A. Young, Klauber, Kirsh and Dantzler: A JOINT RESOLUTION IMPOSING A HIRING FREEZE ON STATE GOVERNMENT THROUGH JUNE 30, 1997, AND PROVIDING EXCEPTIONS AND TO REQUIRE A FIVE PERCENT REDUCTION IN FULL-TIME EQUIVALENT POSITIONS IN STATE AGENCIES WITH MORE THAN TWENTY FTE'S IN FISCAL YEAR 1995-96 AND AN ADDITIONAL FIVE PERCENT REDUCTION IN FISCAL YEAR 1996-97.

Referred to Committee on Ways and Means.

H. 3635 -- Rep. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1142 SO AS TO ALLOW A MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM TO ESTABLISH SERVICE CREDIT FOR SERVICE IN THE PEACE CORPS UNDER THE SAME TERMS AND CONDITIONS AS MILITARY SERVICE.

Referred to Committee on Ways and Means.

H. 3636 -- Rep. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-115 SO AS TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY OR A FORMER MEMBER WITHIN TWO YEARS OF THE END OF HIS TERM FROM BEING ELECTED TO AN OFFICE OF HONOR OR PROFIT WHICH THE GENERAL ASSEMBLY ELECTS.

Referred to Committee on Judiciary.

OBJECTION TO RECALL

Rep. SCOTT asked unanimous consent to recall H. 3043 from the Committee on Labor, Commerce and Industry.

Rep. KIRSH objected.

H. 3338--DEBATE ADJOURNED

Rep. JENNINGS moved to adjourn debate upon the following Bill until Tuesday, February 21, which was adopted.

H. 3338 -- Reps. Jennings, Cobb-Hunter, Kennedy and Neal: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1315 SO AS TO PROVIDE THAT A CANDIDATE MAY NOT, DIRECTLY OR INDIRECTLY, GIVE, OFFER, OR PROMISE ANYTHING OF VALUE TO AN ELECTION OFFICIAL AND TO PROVIDE THAT AN ELECTION OFFICIAL MAY NOT, DIRECTLY OR INDIRECTLY, ASK, DEMAND, EXACT, SOLICIT, SEEK, ACCEPT, RECEIVE OR AGREE TO RECEIVE ANYTHING OF VALUE FROM A CANDIDATE; TO AMEND SECTIONS 7-25-50 AND 7-25-60, BOTH AS AMENDED, RELATING TO BRIBERY AT ELECTIONS, SO AS TO INCREASE THE PENALTIES; TO AMEND SECTION 8-13-1300, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL" AND TO AMEND THE DEFINITION OF "TRANSFER" TO INCLUDE TRANSFERS BETWEEN A CANDIDATE AND AN ELECTION OFFICIAL; AND TO AMEND SECTION 8-13-1348, AS AMENDED, RELATING TO THE USE OF CAMPAIGN FUNDS, SO AS TO ESTABLISH A PROCEDURE BY WHICH A CAMPAIGN RELATED PAYMENT MUST BE MADE BY CHECK, REQUIRE THE EXPENDITURE OF THESE FUNDS TO BE DOCUMENTED WHEN PAID TO AN INDIVIDUAL RECIPIENT, REQUIRE THE DOCUMENTATION BE MAINTAINED AND INCLUDED IN CAMPAIGN REPORTS, AND PROVIDE THAT A CANDIDATE IS DEEMED TO HAVE VIOLATED SECTIONS 7-25-50 AND 7-25-60 IF HE DOES NOT COMPLY WITH THE PROVISIONS OF THIS SECTION, PROVIDE THAT NO PERSON MAY BE REIMBURSED FOR TRANSPORTATION SERVICES IN AN AMOUNT WHICH WOULD EXCEED THE MILEAGE ALLOWED BY LAW FOR MEMBERS OF STATE BOARDS, COMMISSIONS, AND COMMITTEES, AND THE AMOUNT PAID MAY NOT EXCEED THE AMOUNT PAID TO OFFICIAL POLL MANAGERS BY THE STATE ELECTION COMMISSION PURSUANT TO THE PROVISIONS OF SECTION 7-23-10.

Rep. FLEMING move that the House do now adjourn, which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3611 -- Reps. Waldrop and Wilder: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF FEBRUARY 20-26, 1995, AS "NEWBERRY COUNTY JUNIOR MISS WEEK" IN NEWBERRY COUNTY.

ADJOURNMENT

At 11:15 A.M. the House in accordance with the motion of Rep. WILDER adjourned in memory of Henry Earl Pitts, Sr., of Clinton, to meet at 10:00 A.M. tomorrow.

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