South Carolina General Assembly
112th Session, 1997-1998
Journal of the House of Representatives

WEDNESDAY, APRIL 9, 1997

Wednesday, April 9, 1997
(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:

Thank You, Lord, for Your watchful care during the past night and for bringing us to this a new day with its opportunities. We are grateful for friends, among the most valuable of life's assets. We are grateful for memories that inspire us, for trials that cause us to trust You more. Cause us to face the duties of this day and of every day with strength and determination equal to the challenges at hand. When we make mistakes, correct us. When we fall, pick us up. Help us to serve with a sincere diligence.

And to You, Lord God, we give praise and thanksgiving. 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. COBB-HUNTER moved that when the House adjourns, it adjourn in memory of Cecil L. Williams of Orangeburg, which was agreed to.

REGULATION RECEIVED

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

Document No. 2177
Promulgated By Department of Social Services
Statutory Authority: 1976 Code Section 43-1-80
Family Independence Program
Received By Speaker April 8, 1997
Referred to House Committee on Ways and Means
120 Day Review Expiration Date August 6, 1997
(Subject to Sine Die Revision)

REGULATION WITHDRAWN AND RESUBMITTED

The following was received.

Document No. 2110
Promulgated By Department of Labor, Licensing and Regulation-Board of Cosmetology
Statutory Authority: 1976 Code Section 40-13-80
Qualifications and Provisions for Licensure
Received By Speaker January 17, 1997
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date Revised June 11, 1997
Senate Labor Commerce & Industry Committee Requested Withdrawal February 28, 1997
Withdrawn and Resubmitted March 19, 1997
Senate Labor Commerce & Industry Committee Requested Withdrawal April 2, 1997
Withdrawn and Resubmitted April 8, 1997

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 8, 1997
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. 70:
S. 70 -- Senator McConnell: A BILL TO AMEND SECTION 2-19-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY OF RETIRED JUSTICES OR JUDGES TO BE APPOINTED TO SERVE IN COURTS OF THIS STATE, SO AS TO PROVIDE THAT THESE JUSTICES OR JUDGES MUST BE FOUND QUALIFIED TO SERVE BY THE JUDICIAL MERIT SELECTION COMMISSION WITHIN FOUR YEARS RATHER THAN TWO YEARS OF THEIR DATE OF APPOINTMENT TO SERVE; AND TO AMEND SECTION 2-19-110, RELATING TO THE ELIGIBILITY OF PERSONS TO BE APPOINTED AS MASTER-IN-EQUITY AFTER REVIEW BY THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO REVISE THE APPOINTMENT PROCEDURE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

REPORTS OF STANDING COMMITTEES

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

H. 3137 -- Rep. J. Brown: A BILL TO AMEND TITLE 40, CHAPTER 67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEECH PATHOLOGISTS AND AUDIOLOGISTS SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40 AND, AMONG OTHER THINGS, TO REDUCE THE NUMBER OF BOARD MEMBERS FROM SIX TO FIVE, TO CLARIFY THE DUTIES AND RESPONSIBILITIES OF THE BOARD, TO CLARIFY THE SCOPE OF PRACTICE, TO AUTHORIZE DISPENSING AND FITTING DEVICES TO PROMOTE COMMUNICATION, TO ADD LICENSURE FOR SPEECH-LANGUAGE PATHOLOGY ASSISTANTS, TO PROVIDE FOR BIENNIAL LICENSURE, TO INCREASE FEES, TO REQUIRE CONTINUING EDUCATION, TO CLARIFY EXEMPTIONS FROM THE CHAPTER, AND TO ESTABLISH CRIMINAL PENALTIES.

Ordered for consideration tomorrow.

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

S. 553 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO EMERGENCY MEDICAL SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2161, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

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

H. 3291 -- Reps. Kelley, Witherspoon, Simrill, Young-Brickell, Edge, Keegan, Riser, Davenport, Lanford, Knotts, Robinson, Sandifer, McCraw, Law, Askins, Rice, Miller, Wilkins, Limbaugh and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-386 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO DISSEMINATE OR DISPLAY INDECENT MATERIAL TO MINORS AND TO PROVIDE PENALTIES; TO AMEND SECTIONS 16-15-345 AND 16-15-355, RELATING TO THE ILLEGAL DISTRIBUTION OF OBSCENE MATERIAL TO MINORS, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 16-15-375, AS AMENDED, RELATING TO DEFINITIONS REGARDING SEXUAL EXPLOITATION OF MINORS, SO AS TO PROVIDE THAT THESE DEFINITIONS APPLY TO THE PROVISIONS CONTAINED IN SECTION 16-15-386 CONCERNING DISPLAYING INDECENT MATERIAL TO MINORS, AND TO PROVIDE A DEFINITION FOR "INDECENT MATERIAL TO MINORS"; TO AMEND SECTION 44-53-391, RELATING TO THE UNLAWFUL ADVERTISEMENT FOR SALE, MANUFACTURE, POSSESSION, SALE OR DELIVERY OF PARAPHERNALIA, SO AS TO REVISE THE PENALTIES; AND TO PROVIDE A SEVERABILITY CLAUSE.

Ordered for consideration tomorrow.

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

H. 3403 -- Reps. Cato, Wilkins, Young-Brickell, Meacham, Haskins, Davenport, Tripp, Seithel, Limehouse, Law, Delleney, Gamble, Trotter, Harrison, Dantzler, Littlejohn, Quinn, Chellis, Bailey, Mason, Allison, Harrell, Sandifer, Jordan, Inabinett, Stuart, Kelley, Rice, Canty, Neilson, Simrill, Moody-Lawrence, Altman, Easterday, Leach, Stoddard, F. Smith, Barfield and Edge: A BILL TO AMEND CHAPTER 8, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "UNIFORM TRADE SECRETS ACT", SO AS TO, AMONG OTHER THINGS, CHANGE THE NAME AND SCOPE OF THE CHAPTER TO THE "SOUTH CAROLINA TRADE SECRETS ACT", CHANGE THE DEFINITION OF VARIOUS TERMS, ADD NEW DEFINITIONS, AND ADD CERTAIN PROVISIONS OF LAW.

Ordered for consideration tomorrow.

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

H. 3421 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-567 SO AS TO CREATE A MISDEMEANOR FOR KNOWINGLY MAKING A FALSE REPORT OF ABUSE OR NEGLECT AND TO PROVIDE PENALTIES; TO AMEND SECTION 20-7-540, AS AMENDED, RELATING TO IMMUNITY FROM LIABILITY FOR GOOD FAITH REPORTING OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT THERE IS NO IMMUNITY IF A PERSON DOES NOT ACT IN GOOD FAITH OR ACTS MALICIOUSLY IN MAKING A REPORT.

Ordered for consideration tomorrow.

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

H. 3506 -- Reps. Wilkins, Sharpe, Cobb-Hunter, Harrison, Cooper, Campsen and Hodges: A BILL TO AMEND SECTION 1-30-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND AGENCIES, BOARDS, AND COMMISSIONS TRANSFERRED TO THE DEPARTMENT PURSUANT TO THE GOVERNMENT RESTRUCTURING ACT OF 1993, SO AS TO PROVIDE THAT THE COASTAL COUNCIL MAY BE RELOCATED WITHIN THE DEPARTMENT BUT MUST CONTINUE AS AN ORGANIZATIONAL UNIT AND AT OR ABOVE THE BUREAU LEVEL.

Ordered for consideration tomorrow.

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

H. 3586 -- Rep. Harrison: A BILL TO AMEND SECTIONS 1-3-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS OF OFFICERS REMOVED BY THE GOVERNOR; 1-23-390, RELATING TO JUDICIAL REVIEW OF CERTAIN ADMINISTRATIVE PROCEDURES ACT APPEALS; 4-27-320, RELATING TO APPEALS OF CIRCUIT COURT DECISIONS INVOLVING COUNTY BOARD OF ADJUSTMENT CASES; 4-27-630, RELATING TO APPEALS OF CERTAIN COUNTY PLANNING CASES; 6-7-790, RELATING TO APPEALS OF ZONING DECISIONS; 6-29-850, RELATING TO APPEALS OF BOARD OF ZONING APPEALS DECISIONS; 6-29-940, RELATING TO APPEALS OF BOARD OF ARCHITECTURAL REVIEW DECISIONS; 14-11-85, RELATING TO APPEALS FROM FINAL JUDGMENTS ENTERED BY A MASTER-IN-EQUITY; 17-27-100, RELATING TO JUDICIAL REVIEWS OF POST-CONVICTION RELIEF DECISIONS; 20-7-2220, RELATING TO APPEALS OF FAMILY COURT DECISIONS PERTAINING TO THE COMMITMENT OR CUSTODY OF CHILDREN; 34-29-180, RELATING TO JUDICIAL REVIEW OF CONSUMER FINANCE LAW DECISIONS; 37-6-108, AS AMENDED, RELATING TO REVIEW OF ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS; 37-6-415, RELATING TO JUDICIAL REVIEW OF CONTESTED CASES UNDER THE CONSUMER PROTECTION CODE; 39-37-100, RELATING TO JUDICIAL REVIEW OF CERTAIN DEPARTMENT OF AGRICULTURE DECISIONS; 41-31-630 AND 41-35-750, RELATING TO APPEAL OF CERTAIN EMPLOYMENT SECURITY COMMISSION DECISIONS; 42-17-40, AS AMENDED, RELATING TO APPEAL OF CERTAIN WORKERS' COMPENSATION COMMISSION AWARDS; 44-17-620, RELATING TO APPEALS OF PROBATE COURT ORDERS REGARDING THE COMMITMENT OF MENTALLY ILL PERSONS; 49-19-1080, RELATING TO APPEAL OF DRAINAGE AND WATER RECLAMATION DECISIONS; 57-5-1120, RELATING TO JUDICIAL REVIEW OF DEPARTMENT OF TRANSPORTATION DECISIONS PERTAINING TO PRIVATE DRIVEWAYS AND SIDE-ROAD ENTRANCES; 58-5-360, RELATING TO APPEALS OF PUBLIC SERVICE COMMISSION DECISIONS PERTAINING TO GAS, HEAT, WATER, AND SEWAGE COMPANIES; 58-9-1470, RELATING TO APPEALS OF ORDERS OF THE PUBLIC SERVICE COMMISSION PERTAINING TO TELEPHONE AND TELEGRAPH COMPANIES; 59-25-260, RELATING TO APPEALS OF STATE BOARD OF EDUCATION ORDERS PERTAINING TO TEACHERS; 59-25-480, RELATING TO APPEALS OF SCHOOL DISTRICT BOARD OF TRUSTEES' DECISIONS PERTAINING TO TEACHERS; AND 59-25-830, RELATING TO DECISIONS OF STATE BOARD OF EDUCATION PERTAINING TO DISCRIMINATION AGAINST TEACHERS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE APPEALS OR REVIEWS MUST BE TAKEN INCLUDING AS PROVIDED BY THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTIONS 1-7-140, RELATING TO ANNUAL REPORTS TO THE GENERAL ASSEMBLY BY THE ATTORNEY GENERAL; 2-13-60, RELATING TO DUTIES OF THE CODE COMMISSIONER; 2-13-80, RELATING TO ANNUAL CUMULATIVE SUPPLEMENTS TO THE SOUTH CAROLINA CODE OF LAWS; 14-1-40, RELATING TO THE DEFINITION OF A CLERK FOR CERTAIN COURT PURPOSES; 14-8-210, RELATING TO REVIEW BY THE SUPREME COURT OF COURT OF APPEALS' DECISIONS; 15-1-60, RELATING TO THE DEFINITION OF A CLERK FOR PURPOSES OF CIVIL REMEDIES AND PROCEDURES; 15-1-260, RELATING TO PAYMENTS OF DEPOSITS IN LIEU OF BONDS; 15-17-550, RELATING TO ARREST AND BAIL APPEAL PROCEEDINGS; 17-4-70, RELATING TO DUTIES OF THE OFFICE OF APPELLATE DEFENSE; 17-15-200, RELATING TO PERSONS TO WHOM A DEPOSIT IN LIEU OF BOND OR RECOGNIZANCE MUST BE PAID; 18-1-20, RELATING TO CERTAIN DEFINITIONS IN REGARD TO CIVIL AND CRIMINAL APPEALS; 18-9-10, AS AMENDED, 18-9-30, 18-9-40, AND 18-9-270, ALL RELATING TO APPEALS TO THE SUPREME COURT; 27-40-800, RELATING TO LANDLORD AND TENANT APPEALS; 38-59-40, AS AMENDED, RELATING TO LIABILITY FOR ATTORNEYS' FEES WHERE AN INSURER HAS REFUSED TO PAY A CLAIM AND APPEALS THEREFROM; 38-63-90, RELATING TO AUTHORIZATION OF ATTORNEYS' FEES WHERE A LIFE INSURER REFUSES TO PAY A CLAIM AND APPEALS THEREFROM; 39-3-190, RELATING TO ENFORCEMENT OF TRUST AND MONOPOLY PROVISIONS BY THE ATTORNEY GENERAL; 42-1-650, RELATING TO LIMITATIONS ON CERTAIN WORKERS' COMPENSATION ACTIONS; 50-5-130, AS AMENDED, RELATING TO PROSECUTION OF FISH, GAME, AND WATERCRAFT VIOLATORS; 59-25-270, RELATING TO REVOCATION OR SUSPENSION OF TEACHERS' CERTIFICATES AND APPEALS THEREFROM; 62-1-308, AS AMENDED, RELATING TO APPEALS FROM THE PROBATE COURT UNDER THE SOUTH CAROLINA PROBATE CODE, SO AS TO INCLUDE REFERENCES THEREIN TO THE COURT OF APPEALS OR TO CLARIFY REFERENCES THEREIN TO THE COURT OF APPEALS OR OTHER COURTS; TO AMEND SECTIONS 1-7-40, RELATING TO APPEARANCES FOR THE STATE IN THE SUPREME COURT BY THE ATTORNEY GENERAL, SO AS TO CLARIFY A REFERENCE THEREIN TO THE SUPREME COURT; 14-1-70, RELATING TO THE LISTING OF THE COURTS OF JUSTICE IN THIS STATE, SO AS TO INCLUDE THE COURT OF APPEALS THEREIN AND DELETE VARIOUS OBSOLETE REFERENCES; 14-8-200, RELATING TO JURISDICTION OF THE COURT OF APPEALS, SO AS TO FURTHER PROVIDE FOR THIS JURISDICTION; 14-8-260, RELATING TO DETERMINATION OF CASES ASSIGNED TO THE COURT OF APPEALS, SO AS TO PROVIDE THAT THE SUPREME COURT SHALL SPECIFY BY RULE WHETHER OR NOT THE NOTICE OF APPEAL SHALL BE FILED INITIALLY WITH THE SUPREME COURT OR COURT OF APPEALS AND TO ESTABLISH PROCEDURES FOR THE FILING OF THESE NOTICES OF APPEAL; 15-51-42, AS AMENDED, RELATING TO APPROVAL OF SETTLEMENTS OF WRONGFUL DEATH OR SURVIVAL ACTIONS, SO AS TO SPECIFY THE PARTICULAR COURTS TO WHICH CERTAIN PETITIONS SHALL BE ADDRESSED; 18-9-150, RELATING TO DEPOSITS OR SURETY WHEN A JUDGMENT REQUIRES DELIVERY OF DOCUMENTS; 18-9-160, RELATING TO STAYING A JUDGMENT TO EXECUTE A CONVEYANCE; 18-9-220, RELATING TO WHEN NOTICE OF APPEAL STAYS LOWER COURT PROCEEDINGS, SO AS TO SPECIFY WHICH APPELLATE COURT IS ENTITLED TO ISSUE CERTAIN ORDERS OR ISSUE BINDING JUDGMENTS IN REGARD THERETO; TO REPEAL SECTIONS 14-8-540, RELATING TO PROCEDURES FOR APPEALS TO THE COURT OF APPEALS; 15-37-150, RELATING TO CASES ON APPEAL TO THE SUPREME COURT; AND 17-4-90, RELATING TO WHEN TIME TO APPEAL COMMENCES IN CERTAIN CASES INVOLVING INDIGENT PERSONS.

Ordered for consideration tomorrow.

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

H. 3593 -- Rep. Limbaugh: A BILL TO AMEND SECTIONS 16-3-1110 AND 16-3-1210, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE THAT THE DEFINITION OF CRIME INCLUDES TERRORISM AS DEFINED BY FEDERAL LAW AND TO PROVIDE THAT CERTAIN VICTIMS OF TERRORISM OUTSIDE THE UNITED STATES MAY FILE FOR BENEFITS WITH THE VICTIM'S COMPENSATION FUND.

Ordered for consideration tomorrow.

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

H. 3603 -- Reps. Allison, Rice, Barrett, Seithel, Leach, Chellis, Simrill, Hinson, Spearman, Phillips, Bailey, Cato, McCraw, Sandifer, Walker, Limbaugh, Riser, Kinon, Young, R. Smith, Easterday, Rhoad, Mason, Gamble, Harvin, Bauer, Moody-Lawrence, Miller, Stuart, Limehouse, McMaster and Battle: A BILL TO AMEND SECTION 20-7-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL CONDUCT TOWARDS A CHILD BY PERSONS HAVING CHARGE OR CUSTODY OF THE CHILD, SO AS TO SUBSTITUTE A PERSON RESIDING IN THE HOUSE OF A CHILD, OR HAVING RECURRING ACCESS TO A CHILD, OR WHO HAS BEEN GIVEN RESPONSIBILITY TO CARE FOR A CHILD IN PLACE OF A PERSON WHO IS RESPONSIBLE FOR THE CARE AND SUPPORT OF A CHILD, AND TO MAKE IT UNLAWFUL FOR A PERSON WHO HAS CHARGE OR CUSTODY OF A CHILD TO PLACE THE CHILD IN A SITUATION THAT WOULD LIKELY LEAD TO ABANDONMENT.

Ordered for consideration tomorrow.

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

S. 77 -- Senators Holland and Giese: A BILL TO AMEND SECTION 22-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFERRING A CLAIM AND COUNTERCLAIM FROM MAGISTRATES COURT TO THE COURT OF COMMON PLEAS IF A SUCCESSFUL COUNTERCLAIM WOULD EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS, SO AS TO INCREASE TO FIVE THOUSAND DOLLARS THE AMOUNT OF A COUNTERCLAIM WHICH MAY BE FILED IN MAGISTRATES COURT.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3835 -- Reps. Bauer, Quinn and Riser: A HOUSE RESOLUTION CONGRATULATING THE STUDENTS, FACULTY, STAFF, AND ADMINISTRATION OF IRMO ELEMENTARY SCHOOL IN LEXINGTON-RICHLAND SCHOOL DISTRICT 5 ON BEING HONORED WITH THE CAROLINA FIRST PALMETTO'S FINEST AWARD.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 3836 -- Rep. Townsend: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE FAMILY OF SFC GERALD S. AND MIRIAM A. HANKS OF ANDERSON COUNTY ON THURSDAY, APRIL 10, 1997, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED FOR THEIR SELECTION AS THE FAMILY OF THE YEAR FOR 1996 BY THE SOUTH CAROLINA ARMY NATIONAL GUARD.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the family of SFC Gerald S. and Miriam A. Hanks of Anderson County on Thursday, April 10, 1997, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated for their selection as the Family of the Year for 1996 by the South Carolina Army National Guard.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3837 -- Reps. Stille, Parks, Carnell and Townsend: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME A SECTION OF S. C. HWY. 72 IN ABBEVILLE COUNTY IN HONOR OF CHARLES L. POWELL AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.

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

CONCURRENT RESOLUTION

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

H. 3838 -- Rep. Witherspoon: A CONCURRENT RESOLUTION WELCOMING HOUSE OF BLUES TO THE GRAND STRAND AND THE PALMETTO STATE AND DECLARING MAY 4, 1997 AS "HOUSE OF BLUES DAY" IN SOUTH CAROLINA.

Whereas, the Grand Strand is, with great excitement and anticipation, preparing for the opening of House of Blues-Myrtle Beach; and

Whereas, House of Blues is based in Hollywood, California, and House of Blues-Myrtle Beach, a premier entertainment complex and dining establishment, is set to open its doors to the public in May, 1997; the 57,000-square foot North Myrtle Beach site will feature a 300-seat restaurant and 200-seat outdoor patio, both of which will have stages with excellent sight lines for viewing live performances; set apart from the restaurant will be a magnificent concert hall which will accommodate up to 2,000 people; and

Whereas, as a live concert venue with music seven nights a week, House of Blues-Myrtle Beach will be "home" to nationally recognized musical artists and groups and will also be a springboard for up-and-coming local talent; and

Whereas, House of Blues-Myrtle Beach will be wonderful for the Grand Strand and the State of South Carolina and we are very happy that California based House of Blues will be a part of the Palmetto State's every-growing, first class entertainment industry. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, welcomes House of Blues to the Grand Strand and the Palmetto State and declares May 4, 1997 as "House of Blues Day" in South Carolina.

Be it further resolved that a copy of this resolution be forwarded to House of Blues, Corporate Publicity Office, 8439 Sunset Boulevard, Suite 306, West Hollywood, California, 90069.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3839 -- Rep. Harvin: A CONCURRENT RESOLUTION THANKING THE REVEREND CARNELL HAMPTON OF CLARENDON COUNTY FOR HIS MANY YEARS OF SERVICE AS A MEMBER AND CHAIRMAN OF THE BOARD OF TRUSTEES OF CLARENDON COUNTY SCHOOL DISTRICT THREE.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3840 -- Reps. Battle, M. Hines and Miller: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF UNITED STATES HIGHWAY 76 IN MARION COUNTY, FROM THE EASTERN CITY LIMITS OF THE CITY OF MULLINS TO THE LITTLE PEE DEE RIVER, THE "McMILLAN HIGHWAY".

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3841 -- Rep. McLeod: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF OLIN F. "SCRAP" BERRY OF SILVERSTREET, NEWBERRY COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

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

INTRODUCTION OF BILLS

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

H. 3842 -- Reps. Wilkins, J. Smith, Baxley, McMaster, Beck, Hawkins, Delleney, Cromer, Davenport, Young-Brickell, Keegan, Allison, Fleming, Barfield, Jennings, Kelley, Loftis, Hamilton, Sharpe, Limbaugh, Mason, Sandifer, Meacham, McCraw, Hinson, Harrison, Knotts, Harrell, Simrill, Haskins, Cooper, Cato, Walker, Woodrum, Rodgers, Easterday, Klauber, Chellis, Mullen, Littlejohn, Stuart, Whatley, Trotter, Barrett, Hodges, Riser and Leach: A BILL TO AMEND TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES BY ADDING CHAPTER 2, SO AS TO PROVIDE ADVISORY SENTENCING GUIDELINES; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO THE CATEGORIZATION OF FELONIES AND MISDEMEANORS, SO AS TO REVISE THE EXEMPT CATEGORY OF CRIMES; TO AMEND SECTION 16-1-20, AS AMENDED, RELATING TO PENALTIES FOR THE VARIOUS CLASSES OF CRIMES, SO AS TO REVISE THE SET OF CRIMES THE MINIMUM TERM OF IMPRISONMENT APPLIES TO; TO AMEND SECTION 16-1-30, AS AMENDED, RELATING TO THE CLASSIFICATION OF OFFENSES, SO AS TO PROVIDE THAT ALL OFFENSES ARE AUTOMATICALLY CLASSIFIED; TO AMEND SECTION 16-3-654, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 16-3-655, RELATING TO CRIMINAL SEXUAL CONDUCT WITH MINORS, SO AS TO PROVIDE PENALTY PROVISIONS AND MAKE TECHNICAL CHANGES; TO AMEND SECTION 16-3-1075, RELATING TO FELONY CARJACKING, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 16-11-110, AS AMENDED, RELATING TO ARSON, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 16-15-140, AS AMENDED, RELATING TO COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT UPON A CHILD, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO CONFINEMENT OF PRISONERS, AND WORK RELEASE PROGRAM ELIGIBILITY, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-125, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK RELEASE, SO AS TO SUBSTITUTE CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSES" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-150, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION, SO AS TO SUBSTITUTE CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE", AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO ELIGIBILITY FOR AND FORFEITURE OF GOOD CONDUCT CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME ANY PRISONER CAN EARN OFF HIS SENTENCE FOR GOOD BEHAVIOR TO THREE DAYS A MONTH, AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO ELIGIBILITY FOR EDUCATION CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME ANY PRISONER CAN EARN OFF HIS SENTENCE FOR PARTICIPATING IN AN EDUCATION PROGRAM TO SIX DAYS A MONTH, AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-430, RELATING TO RIOTING OR INCITING TO RIOT, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 24-13-650, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED THE CRIME, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTIONS 24-13-710 AND 24-13-720, BOTH AS AMENDED, RELATING TO THE SUPERVISED FURLOUGH PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-1310, AS AMENDED, RELATING TO THE SHOCK INCARCERATION PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-21-30, AS AMENDED, RELATING TO PAROLE, SO AS TO ELIMINATE PAROLE FOR ANY CRIME AND TO PROVIDE THAT CERTAIN OFFENDERS MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM; TO AMEND SECTION 24-21-560, RELATING TO PRISONERS WHO MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM OPERATED BY THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES BEFORE THEIR RELEASE FROM THE CRIMINAL JUSTICE SYSTEM, SO AS TO PROVIDE THAT A PERSON SENTENCED TO A TERM OF IMPRISONMENT OF TWENTY YEARS OR MORE MUST COMPLETE NOT MORE THAN TWO YEARS OF COMMUNITY SUPERVISION AS A PART OF HIS SENTENCE, AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 56-5-2940, RELATING TO PENALTIES FOR VIOLATING THE DRIVING UNDER THE INFLUENCE PROVISIONS, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 56-5-2945, AS AMENDED, RELATING TO CAUSING GREAT BODILY INJURY OR DEATH BY OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, SO AS TO REVISE THE PENALTY; TO REPEAL SECTIONS 2-13-66, 16-1-90, 16-1-100, AND 16-1-110, RELATING TO THE CLASSIFICATION OF FELONIES AND MISDEMEANORS; TO REPEAL SECTION 24-13-100, RELATING TO THE DEFINITION OF "NO PAROLE OFFENSE", AND TO PROVIDE A SEVERABILITY CLAUSE, AND THAT ALL PROCEEDINGS PENDING AT THE TIME THIS ACT TAKES EFFECT ARE SAVED AND THAT THE PROVISIONS OF THIS ACT APPLY PROSPECTIVELY.

Referred to Committee on Judiciary.

H. 3843 -- Reps. Bailey and Chellis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 33 TO TITLE 56 SO AS TO REQUIRE A MOTOR VEHICLE REPAIR FACILITY TO PROVIDE A CUSTOMER A WRITTEN ESTIMATE, TO REQUIRE CONSENT FROM THE CUSTOMER BEFORE SERVICE OR REPAIR BEGINS, TO PREVENT A MOTOR VEHICLE REPAIR FACILITY FROM EXCEEDING ITS APPROVED ESTIMATE, TO REQUIRE DISPLAY OF THESE REGULATIONS IN THE FACILITY, TO REQUIRE NOTICE OF USE OF "AFTER MARKET" OR USED PARTS, TO GIVE CUSTOMERS THE RIGHT TO INSPECT AND RETAIN REPLACED PARTS, AND TO PROVIDE REMEDIES AND PENALTIES FOR FAILURE TO COMPLY WITH THESE PROVISIONS; AND TO AMEND SECTION 29-15-10, RELATING TO LIENS FOR CHARGES FOR REPAIRS AND STORAGE, SO AS TO REQUIRE NOTICE BY CERTIFIED MAIL RETURN RECEIPT REQUESTED AND TO EXCLUDE CHARGES NOT AUTHORIZED AS PROVIDED IN THIS CHAPTER.

Referred to Committee on Judiciary.

H. 3844 -- Rep. Bauer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-45 SO AS TO PROVIDE THAT EMPLOYEES OF THE DEPARTMENT OF PUBLIC SAFETY PROVIDING SERVICES TO THE DEPARTMENT OF JUVENILE JUSTICE MUST BE COMMISSIONED AS STATE CONSTABLES; TO AMEND SECTIONS 1-30-90 AND 23-6-20, BOTH AS AMENDED, AND BOTH RELATING TO THE AUTHORITY OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO TRANSFER THE DEPARTMENT OF JUVENILE JUSTICE, DIVISION OF PUBLIC SAFETY, TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 20-7-6860, RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE CORRECTIONAL AND PUBLIC SAFETY OFFICERS, SO AS TO PROVIDE THAT THESE PUBLIC SAFETY EMPLOYEES ARE EMPLOYEES OF THE DEPARTMENT OF PUBLIC SAFETY; AND TO PROVIDE TRANSITION PROVISIONS FOR THE TRANSFER.

Referred to Committee on Judiciary.

H. 3845 -- Rep. Mullen: A BILL TO AMEND SECTION 50-16-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF IMPORTING WILDLIFE FOR CERTAIN PURPOSES, SO AS TO DELETE THE PROVISIONS PROHIBITING IMPORTATION OF SPECIES OF MARINE OR ESTUARINE FISH, CRUSTACEAN, MOLLUSK, OR OTHER MARINE INVERTEBRATE NOT ALREADY FOUND IN THE WILD OR NATIVE TO THIS STATE WITHOUT A PERMIT ISSUED BY THE DEPARTMENT OF NATURAL RESOURCES; AND BY ADDING SECTION 50-16-25 SO AS TO PROHIBIT THE IMPORTATION OF SPECIES OF MARINE OR ESTUARINE FISH, CRUSTACEAN, MOLLUSK, OR OTHER MARINE INVERTEBRATE NOT ALREADY FOUND IN THE WILD OR NATIVE TO THIS STATE WITHOUT A PERMIT ISSUED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

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

H. 3846 -- Reps. Sharpe, R. Smith, Rhoad, Sheheen, Webb, Witherspoon, Delleney and Riser: A BILL TO AMEND SECTION 12-36-2110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM TAX ON THE SALE OR LEASE OF CERTAIN ITEMS, SO AS TO ESTABLISH A CAP OF THREE HUNDRED DOLLARS ON THE SALES TAX IMPOSED ON THE SALE OF LIVESTOCK TRAILERS.

Referred to Committee on Ways and Means.

H. 3847 -- Reps. Meacham and Kirsh: A BILL TO AMEND SECTION 39-55-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM ACREAGE OF LAND REQUIRED FOR USE AS A CEMETERY, SO AS TO PROVIDE AN EXCEPTION.

Rep. MEACHAM asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. LANFORD objected.

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

H. 3848 -- Reps. Limbaugh and D. Smith: A BILL TO AMEND SECTIONS 1-1-110, AS AMENDED, 1-1-120, 1-1-1210, AS AMENDED, 1-3-215, 1-3-420, 1-5-30, 1-7-110, 1-9-30, 1-11-140, AS AMENDED, 1-19-230, 1-23-100, 2-1-50, 2-5-60, 2-7-80, AS AMENDED, 2-7-240, 2-11-10, AS AMENDED, 2-13-140, 2-13-190, AS AMENDED, 2-13-240, AS AMENDED, 2-17-17, 3-1-150, 3-3-210, AS AMENDED, 3-3-220, 3-3-340, 3-5-10, 3-5-30, 3-5-40, AS AMENDED, 3-5-310, 3-5-320, AS AMENDED, 3-5-330, AS AMENDED, 4-3-330, 4-3-360, 4-3-370, 4-3-410, 4-3-460, 4-3-490, 4-5-150, 4-5-190, AS AMENDED, 4-5-200, AS AMENDED, 4-7-110, 4-8-100, AS AMENDED, 4-9-10, 4-11-30, 4-11-290, 5-1-10, 5-1-30, AS AMENDED, 5-1-40, 5-1-50, 5-1-70, 5-1-80, 5-1-100, 5-3-90, AS AMENDED, 5-3-280, 5-5-10, 5-5-30, 6-11-1620, 6-11-1630, 6-11-1640, 6-13-20, 6-13-120, 6-16-50, 6-16-70, 6-19-40, 6-23-50, 6-25-50, 6-25-70, 7-9-10, 7-9-80, 7-9-100, AS AMENDED, 7-13-70, AS AMENDED, 7-13-72, 7-13-180, 7-13-320, 7-17-290, 7-17-300, 7-17-310, 7-17-320, 7-17-330, 7-17-340, 7-19-70, 7-19-80, 7-19-90, 7-19-100, 7-19-110, 7-19-120, 8-3-40, 8-3-140, 8-3-150, 8-11-20, 8-11-92, 8-11-94, 11-15-20, 11-25-260, 11-31-10, 12-6-5520, 12-8-540, 12-8-550, 12-20-30, 12-20-40, 12-49-90, AS AMENDED, 12-54-125, 12-54-240, 13-7-145, 13-12-15, AS AMENDED, 14-5-110, 14-11-20, AS AMENDED, 14-17-340, 15-9-245, AS AMENDED, 15-9-250, 15-9-280, AS AMENDED, 15-9-430, AS AMENDED, 15-9-440, 15-9-460, 15-63-200, 15-63-210, 15-78-30, AS AMENDED, 15-78-70, AS AMENDED, 15-78-120, AS AMENDED, 16-17-40, 17-13-80, AS AMENDED, 22-1-20, 23-7-30, 25-1-330, 26-1-10, 26-1-20, 26-1-30, 26-1-40, 26-1-70, 26-1-95, 27-15-30, 27-15-40, 27-16-30, 27-16-140, 27-19-10, 27-19-20, 27-19-30, 27-19-50, 27-19-60, 27-19-70, 27-19-80, 27-19-90, 27-19-100, 27-19-210, 27-19-310, 27-19-320, 27-19-330, 27-19-340, 27-19-360, 27-19-370, 27-19-390, 27-40-130, 30-7-10, 31-1-110, 31-3-340, AS AMENDED, 31-3-370, AS AMENDED, 31-10-30, 31-13-30, AS AMENDED, 33-1-200, 33-1-210, AS AMENDED, 33-1-220, AS AMENDED, 33-1-230, 33-1-240, 33-1-250, 33-1-260, 33-1-270, 33-1-280, 33-1-290, 33-1-300, 33-2-101, 33-2-103, 33-4-101, AS AMENDED, 33-4-102, AS AMENDED, 33-4-103, 33-5-102, 33-5-103, 33-6-102, 33-6-310, 33-10-102, 33-10-106, 33-10-107, 33-10-108, 33-11-104, 33-11-105, 33-11-107, 33-11-108, 33-14-101, 33-14-103, 33-14-104, 33-14-200, AS AMENDED, 33-14-210, 33-14-220, AS AMENDED, 33-14-230, 33-14-330, 33-15-101, AS AMENDED, 33-15-103, AS AMENDED, 33-15-104, 33-15-106, 33-15-108, 33-15-109, 33-15-200, 33-15-300, AS AMENDED, 33-15-310, AS AMENDED, 33-15-320, 33-15-330, AS AMENDED, 33-19-109, 33-19-420, 33-19-500, 33-19-520, 33-19-700, 33-31-120, 33-31-121, 33-31-122, 33-31-123, 33-31-124, 33-31-125, 33-31-126, 33-31-127, 33-31-128, 33-31-129, 33-31-130, 33-31-140, 33-31-201, 33-31-203, 33-31-401, 33-31-402, 33-31-403, 33-31-502, 33-31-503, 33-31-505, 33-31-704, 33-31-1001, 33-31-1002, 33-31-1005, 33-31-1006, 33-31-1007, 33-31-1102, 33-31-1104, 33-31-1106, 33-31-1401, 33-31-1403, 33-31-1404, 33-31-1405, 33-31-1420, 33-31-1421, 33-31-1422, 33-31-1423, 33-31-1433, 33-31-1501, 33-31-1503, 33-31-1504, 33-31-1506, 33-31-1508, 33-31-1509, 33-31-1515, 33-31-1520, 33-31-1530, 33-31-1531, 33-31-1532, 33-31-1601, 33-31-1701, 33-31-1706, 33-31-1707, 33-35-30, 33-35-40, 33-35-50, AS AMENDED, 33-35-60, 33-35-70, 33-35-120, 33-35-130, 33-35-140, 33-37-210, 33-37-260, AS AMENDED, 33-37-270, 33-39-210, 33-39-260, 33-39-270, 33-41-1110, 33-41-1160, AS AMENDED, 33-41-1170, 33-41-1180, 33-41-1190, 33-41-1200, 33-41-1210, 33-42-20, 33-42-40, 33-42-45, 33-42-210, 33-42-220, 33-42-230, 33-42-240, 33-42-250, 33-42-260, 33-42-280, 33-42-290, 33-42-310, 33-42-320, 33-42-440, 33-42-1620, AS AMENDED, 33-42-1630, 33-42-1640, 33-42-1650, 33-42-1660, 33-42-1670, 33-42-2040, 33-43-103, 33-43-104, 33-43-105, 33-43-201, 33-43-203, 33-43-204, 33-43-205, 33-43-206, 33-43-405, 33-43-901.1, 33-43-901.2, 33-43-901.3, 33-43-901.4, 33-43-906, 33-43-1002, AS AMENDED, 33-43-1003, 33-43-1005, 33-43-1006, 33-43-1007, 33-43-1008, 33-43-1105, 33-43-1202, 33-43-1304, 33-43-1401, 33-43-1402, 33-44-101, 33-44-105, 33-44-106, 33-44-107, 33-44-109, 33-44-110, 33-44-111, 33-44-202, 33-44-204, 33-44-205, 33-44-206, 33-44-207, 33-44-208, 33-44-210, 33-44-211, 33-44-704, 33-44-805, 33-44-809, 33-44-810, 33-44-811, 33-44-812, 33-44-902, 33-44-904, 33-44-905, 33-44-906, 33-44-1002, 33-44-1004, 33-44-1005, 33-44-1006, 33-44-1007, 33-44-1008, 33-44-1204, 33-44-1206, 33-45-40, 33-45-50, 33-45-140, 33-45-145, 33-45-200, 33-46-90, 33-46-230, 33-46-240, 33-46-600, 33-46-610, 33-46-620, 33-46-630, 33-46-650, 33-46-700, 33-46-740, 33-46-750, 33-46-770, 33-46-810, 33-46-830, 33-47-90, 33-49-80, 33-49-90, 33-49-100, 33-49-110, 33-49-230, 33-49-240, 33-49-810, 33-49-820, 33-49-830, 33-49-840, 33-49-1010, 33-49-1050, 33-49-1060, 33-49-1080, 33-49-1220, 33-49-1240, 33-49-1320, 33-53-10, 34-1-70, 34-3-810, 34-3-820, 34-9-60, 34-9-70, 34-27-40, 34-28-100, 34-28-130, 34-28-200, 34-28-220, 34-28-270, 34-28-800, 34-29-110, 35-1-320, 35-1-485, 36-9-401, AS AMENDED, 36-9-403, AS AMENDED, 36-9-404, AS AMENDED, 36-9-405, AS AMENDED, 36-9-406, AS AMENDED, 36-9-407, AS AMENDED, 37-1-203, 37-6-405, 37-6-406, 37-6-502, AS AMENDED, 38-3-80, AS AMENDED, 38-5-110, AS AMENDED, 38-25-510, AS AMENDED, 38-87-110, AS AMENDED, 39-3-160, 39-3-170, 39-15-420, 39-15-430, 39-15-440, 39-15-450, 39-15-490, 39-15-1105, AS AMENDED, 39-15-1115, 39-15-1190, 39-19-20, 39-57-50, AS AMENDED, 39-57-55, 39-61-70, 39-73-10, 39-73-330, 40-2-110, 40-11-30, 40-11-120, 40-22-40, 40-22-50, 40-22-90, 40-30-60, 40-33-270, 40-59-20, AS AMENDED, 40-59-110, AS AMENDED, 40-77-50, 40-77-130, 41-25-20, 41-25-35, 41-25-110, AS AMENDED, 41-29-130, 41-43-40, AS AMENDED, 42-7-200, AS AMENDED, 44-7-1830, 44-7-2030, 44-7-2120, 44-7-2153, 44-7-2154, 44-61-70, AS AMENDED, 44-61-150, 44-79-80, 46-5-10, AS AMENDED, 46-13-60, AS AMENDED, 46-15-30, 46-17-260, 46-19-20, 46-33-40, 46-39-30, 46-39-40, 46-39-130, 46-39-150, 46-39-160, 46-39-170, 48-4-30, 48-9-620, AS AMENDED, 48-9-630, AS AMENDED, 48-9-650, AS AMENDED, 48-9-850, AS AMENDED, 48-9-1040, AS AMENDED, 48-27-20, 48-27-220, 48-37-30, 48-43-40, AS AMENDED, 49-7-120, 49-19-320, 49-19-2540, 49-19-2580, 49-19-2610, 49-27-70, AS AMENDED, 49-27-80, AS AMENDED, 50-3-140, AS AMENDED, 50-3-315, AS AMENDED, 50-3-320, AS AMENDED, 50-19-2240, AS AMENDED, 50-19-2640, 51-11-40, AS AMENDED, 51-13-750, 51-15-520, 53-1-160, 54-3-170, 55-5-180, AS AMENDED, 55-11-210, 56-21-70, 57-1-325, 57-1-340, 57-5-180, AS AMENDED, 57-5-1410, 57-15-10, 57-21-20, 58-11-260, 58-15-10, 58-15-30, 58-15-40, 58-15-70, 58-15-80, 58-15-90, 58-15-100, 58-15-120, 58-15-130, 58-15-160, 58-15-170, 58-15-200, 58-17-340, 58-17-430, 58-17-620, 58-17-630, 58-17-660, 58-31-20, 58-31-50, AS AMENDED, 58-31-340, 59-3-10, 59-5-10, 59-11-30, 59-13-10, 59-27-30, 59-40-40, 59-49-90, 59-103-120, 59-115-100, 59-117-20, AS AMENDED, 59-121-10, AS AMENDED, 59-121-20, AS AMENDED, 59-123-50, AS AMENDED, 59-125-30, AS AMENDED, 59-125-50, 59-130-10, AS AMENDED, 59-133-10, AS AMENDED, 59-135-10, AS AMENDED, 59-136-110, 61-6-60, 61-6-510, 61-9-1240, 61-10-250, AND 62-5-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, THE POWERS, DUTIES, AND RESPONSIBILITIES OF THE SECRETARY OF STATE, SO AS TO DEVOLVE THESE POWERS, DUTIES, AND RESPONSIBILITIES ON SPECIFIED STATE AGENCIES, DEPARTMENTS, AND PUBLIC OFFICIALS; AND TO REPEAL SECTIONS 1-5-10, 1-5-20, 8-21-110, 12-4-40, 23-29-50, 23-29-60, 23-29-70, 23-29-80, 30-11-10, 30-11-20, 30-11-30, 30-11-40, 30-11-50, 47-9-260, 47-9-270, 47-9-280, 47-9-310, 47-9-320, 47-9-330, 47-9-340, 47-9-380, 47-9-390, AND 47-9-400 RELATING TO, AMONG OTHER THINGS, CERTAIN POWERS, DUTIES, AND RESPONSIBILITIES OF THE SECRETARY OF STATE, AND PROVIDE FOR A TRANSITION OF THE DEVOLUTION OF THE POWERS, DUTIES, AND RESPONSIBILITIES.

Referred to Committee on Judiciary.

H. 3849 -- Reps. Knotts, Altman, Whatley, Harrell, R. Smith, Sandifer, Inabinett, Barrett, McCraw, Rice, Hinson, Rodgers, Kennedy, Riser, Limbaugh, J. Hines, Young, Simrill, Dantzler, Wilder, Kirsh, Bauer and Haskins: A BILL TO AMEND SECTION 24-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF PRISON INMATE WAGES, SO AS TO REQUIRE MONIES IN AN AMOUNT REPRESENTING CHILD SUPPORT OBLIGATIONS TO BE WITHHELD FROM INMATE WAGES AND TO PROVIDE FOR DISBURSEMENT OF THOSE MONIES.

Referred to Committee on Judiciary.

H. 3850 -- Reps. Robinson and Vaughn: A BILL TO AMEND SECTION 12-2-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED SIGNATURES ON TAX RETURNS, SO AS TO OMIT REFERENCE TO SOUTH CAROLINA CODE AND TO ADD REFERENCE TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-21-2738, AS AMENDED, RELATING TO THE PENALTY FOR FAILURE TO COMPLY WITH LICENSING OF GAMING MACHINES, SO AS TO REQUIRE THAT ONE-HALF THE PENALTY BE RETAINED AND EXPENDED BY THE AGENCY CHARGING THE VIOLATION; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO CHANGE REFERENCE TO "GAS AND OTHER FUELS" TO "MOTOR FUEL, BLENDED FUEL, AND ALTERNATIVE FUEL" IN THE EXEMPTION PERTAINING THERETO; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO PENALTY FOR FAILURE TO MAKE A TIMELY PAYMENT OF TAX DUE THE STATE BECAUSE OF NEGLIGENCE OR FRAUD, SO AS TO UPDATE REFERENCE TO SOUTH CAROLINA CODE; TO AMEND SECTION 12-60-30, AS AMENDED, RELATING TO DEFINITIONS IN THE REVENUE PROCEDURES ACT, SO AS TO CLARIFY THE MEANING OF "ASSESSMENT"; TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO RULEMAKING, SO AS TO UPDATE REFERENCE TO INTERNAL REVENUE CODE; TO AMEND SECTION 8-21-790, AS AMENDED, RELATING TO THE DISPOSITION OF FEES FOR SETTLEMENT OF ESTATES, SO AS TO REQUIRE NO LESS THAN MONTHLY PAYMENTS BY THE DEPARTMENT OF REVENUE; AND TO AMEND SECTION 56-31-50, AS AMENDED, RELATING TO PRIVATE CAR RENTAL SURCHARGES, SO AS TO MAKE THEM PAYABLE TO THE DEPARTMENT OF REVENUE, NOT TO THE STATE TREASURER'S OFFICE.

Referred to Committee on Ways and Means.

H. 3851 -- Reps. Davenport, Altman, Neilson, J. Hines, Loftis, Lanford, Lee, Easterday, Tripp, Beck, Keegan, Whatley, Bauer, Haskins, Cato and Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-567 SO AS TO CREATE A MISDEMEANOR FOR KNOWINGLY MAKING A FALSE REPORT OF ABUSE OR NEGLECT, TO PROVIDE PENALTIES AND TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO CONVEY TO A PERSON MAKING A REPORT THAT IT IS UNLAWFUL TO MAKE A FALSE REPORT AND THE PENALTIES FOR DOING SO.

Referred to Committee on Judiciary.

H. 3852 -- Reps. Wilkins, Cato, Altman, Tripp, Jennings, Fleming, Sharpe, Mason, Sandifer, Littlejohn, Barfield, Meacham, Hinson, Robinson, Cooper, Haskins, Simrill, Walker, Woodrum, Loftis, Chellis, Stuart, Whatley, Leach, Barrett, Trotter, Harrison, Hamilton, Easterday, Allison and Davenport: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY SECURITIES, BY ADDING CHAPTER 30 SO AS TO AUTHORIZE THE CREATION OF A STATE SAVINGS BANK IN SOUTH CAROLINA; TO PROVIDE FOR ORGANIZATION OF, APPLICATION FOR AND APPROVAL OF, CORPORATE ADMINISTRATION OF, AND OPERATION OF A MUTUAL OR A STOCK STATE SAVINGS BANK; TO PROVIDE FOR CONVERSION OF A STATE SAVINGS BANK TO A FEDERAL BANK OR ASSOCIATION OR FROM A MUTUAL TO A STOCK SAVINGS BANK, OR FOR CONVERSION OF ANOTHER BANK OR ASSOCIATION TO A STATE SAVINGS BANK; TO PROVIDE FOR THE MERGER OF A STATE SAVINGS BANK WITH ANOTHER BANK OR ASSOCIATION; TO PROVIDE FOR VOLUNTARY DISSOLUTION; TO PROVIDE FOR REGULATION, SUPERVISION, CONSERVATORSHIP, AND RECEIVERSHIP BY THE STATE BOARD OF FINANCIAL INSTITUTIONS; TO PROVIDE FOR PROHIBITED PRACTICES AND PENALTIES FOR PARTICIPATION IN PROHIBITED PRACTICES; AND TO PROVIDE FOR LENDING AUTHORITY AND PROCEDURES.

Referred to Committee on Labor, Commerce and Industry.

H. 3853 -- Reps. Davenport, Lee, Tripp and Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE CHILD AUTOMOBILE SAFETY ACT OF 1997 BY ADDING SECTION 56-15-135 SO AS TO MAKE IT UNLAWFUL FOR A MOTOR VEHICLE DEALER TO SELL OR OFFER FOR SALE A MOTOR VEHICLE UNLESS THERE IS A PERMANENTLY AFFIXED LABEL ON THE DRIVER AND FRONT PASSENGER DOORS STATING "LOCK VEHICLE TO PREVENT DANGER TO CHILDREN" AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 20-7-50, AS AMENDED, RELATING TO UNLAWFUL CONDUCT TOWARDS CHILDREN, SO AS TO MAKE IT UNLAWFUL TO LEAVE A CHILD UNDER THE AGE OF TWELVE UNATTENDED IN A MOTOR VEHICLE.

Referred to Committee on Judiciary.

H. 3854 -- Reps. Davenport, Loftis, Lanford, Lee, Tripp, Kelley, Littlejohn, Keegan and Whatley: A BILL TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND BOTH RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO AUTHORIZE THE GENERAL ASSEMBLY TO AMEND REGULATIONS.

Referred to Committee on Judiciary.

H. 3855 -- Reps. Davenport, Loftis and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-15 SO AS TO PRESCRIBE INTEGRATED TEACHING APPROACHES FOR CERTAIN SUBJECTS; AND BY ADDING SECTION 59-63-65 SO AS TO REQUIRE LOCAL SCHOOL BOARDS OF TRUSTEES TO ADOPT A UNIFORM DRESS CODE FOR STUDENTS.

Referred to Committee on Education and Public Works.

H. 3856 -- Reps. H. Brown, McKay, Koon, Robinson, Vaughn, Keegan and Kelley: A BILL TO AMEND SECTION 4-10-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH LOCAL OPTION SALES AND USE TAX, SO AS TO DELETE REFERENCE TO "MINIMUM DISTRIBUTION"; TO AMEND SECTION 4-10-65, RELATING TO THE LOCAL OPTION SUPPLEMENTAL REVENUE FUND, SO AS TO DELETE REFERENCE TO "MINIMUM DISTRIBUTION" AND AUTHORIZE THE DEPARTMENT OF REVENUE TO DISTRIBUTE UNIDENTIFIED FUNDS TO PARTICIPATING COUNTIES; TO REPEAL SECTION 4-10-60 RELATING TO MINIMUM DISTRIBUTION OF FUNDS COLLECTED BY COUNTIES FROM THE LOCAL OPTION SALES TAX, AND TO PROVIDE TRANSITION PROVISIONS.

Referred to Committee on Ways and Means.

H. 3857 -- Rep. Felder: A BILL TO AMEND SECTION 20-7-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONAL ABUSE AND NEGLECT, SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO INVESTIGATE SUCH ABUSE AND NEGLECT, TO PROVIDE THE DEPARTMENT WITH THE POWERS PROVIDED FOR INVESTIGATION OF ABUSE AND EXPLOITATION OF VULNERABLE ADULTS, AND TO REMOVE FROM THE OMBUDSMAN IN THE OFFICE OF THE GOVERNOR AND ASSIGN TO THE DEPARTMENT THE AUTHORITY TO INVESTIGATE ALLEGATIONS OF ABUSE AND NEGLECT OCCURRING IN HEALTH FACILITIES LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR OPERATED BY THE DEPARTMENT OF MENTAL HEALTH.

Referred to Committee on Judiciary.

H. 3858 -- Reps. Vaughn, Haskins, Cato, Leach and Hamilton: A BILL TO AMEND ACT 432 OF 1947, AS AMENDED, RELATING TO THE GREENVILLE HOSPITAL SYSTEM, ITS CREATION, BOARD, POWERS, AND DUTIES, SO AS TO PROHIBIT THE BOARD FROM SELLING, LEASING, MERGING, CONSOLIDATING, OR TRANSFERRING CERTAIN OF ITS ASSETS OR ENTERING INTO A JOINT VENTURE OR OTHER BUSINESS RELATIONSHIP WITHOUT THE CONSENT OF THE GREENVILLE COUNTY LEGISLATIVE DELEGATION IF THE ACTION DISPOSES OF OR COMMITS TEN PERCENT OR MORE OF THE ASSETS; TO PROHIBIT THE BOARD FROM TRANSFERRING OR DELEGATING ITS RESPONSIBILITIES AND AUTHORITY OVER THE HOSPITAL SYSTEM TO ANY OTHER PERSONS, BOARD, OR ENTITY, AND TO PROVIDE THAT THE LEGISLATIVE DELEGATION ONLY MAY CALL FOR A REFERENDUM IF CONSENT IS REQUESTED TO TAKE SUCH ACTION; TO INCREASE THE BOARD FROM SEVEN TO NINE MEMBERS AND TO PROVIDE NOMINATING PROCEDURES AND TO PROVIDE ALTERNATIVE COMPOSITION AND PROCEDURES CONTINGENT UPON A GREENVILLE CITY COUNCIL STIPULATION BY ORDINANCE; TO AUTHORIZE THE BOARD TO PROVIDE SERVICES AND LOCATE FACILITIES OUTSIDE OF GREENVILLE COUNTY IF SUCH WOULD ENHANCE SERVICES; TO ENTER INTO JOINT VENTURES OR OTHER BUSINESS RELATIONSHIPS SUBJECT TO THE REQUIREMENT FOR OBTAINING CONSENT UNDER CERTAIN CONDITIONS; TO AUTHORIZE THE CHANGE OF NAME OF THE BOARD AND THE OPERATION OF THE BOARD UNDER A TRADE NAME; TO AUTHORIZE THE ESTABLISHMENT OF ONE OR MORE SUBSIDIARIES AND TO REQUIRE SUCH ENTITY TO COMPLY WITH THE FREEDOM OF INFORMATION ACT; TO ESTABLISH ADDITIONAL HOSPITALS OR OTHER CLINICS; TO AUTHORIZE THE EXERCISE OF CERTAIN POWERS GENERALLY CONFERRED ON REGIONAL HEALTH SERVICE DISTRICTS; TO AMEND ACT 1285 OF 1966, RELATING TO THE NAME OF THE GREENVILLE HOSPITAL SYSTEM, SO AS TO CHANGE THE NAME OF THE BOARD TO THE GREENVILLE HEALTH SYSTEM BOARD OF TRUSTEES; TO REQUIRE THE BOARD OF TRUSTEES TO REIMBURSE THE COUNTY FOR ANY DAMAGES THE COUNTY MAY BE REQUIRED TO PAY THE CITY UNDER A CONTRACT ARISING OUT OF ACT 432 OF 1947; AND TO REPEAL CERTAIN PROVISIONS CONTINGENT UPON STIPULATIONS OF GREENVILLE CITY COUNCIL.

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

H. 3859 -- Reps. Robinson, Altman, Campsen, McMaster, Harrison, Riser and Delleney: A BILL TO AMEND SECTION 12-2-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS APPLYING TO LIMITED LIABILITY COMPANIES, SO AS TO EXCLUDE SINGLE-MEMBER LIABILITY COMPANIES AND GRANTOR TRUSTS FROM ALL STATE TAX LIABILITY IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 33-44-201, RELATING TO LIMITED LIABILITY COMPANIES AS LEGAL ENTITIES, SO AS TO EXCEPT CERTAIN SINGLE-MEMBER LIMITED LIABILITY COMPANIES; TO AMEND SECTION 33-44-1001, RELATING TO CHOICE OF LAW ISSUES FOR LIMITED LIABILITY COMPANIES, SO AS TO EXCEPT CERTAIN SINGLE-MEMBER LIMITED LIABILITY COMPANIES.

Referred to Committee on Ways and Means.

H. 3860 -- Rep. Beck: A BILL TO AMEND SECTION 56-1-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR DRIVERS' LICENSES AND PERMITS, SO AS TO REQUIRE THE APPLICATION TO ALLOW THE APPLICANT TO DISCLOSE A PERMANENT MEDICAL CONDITION WHICH MUST BE INDICATED BY A SYMBOL ON THE LICENSE AND CONTAINED IN THE DRIVER'S RECORD.

Rep. BECK asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. TOWNSEND objected.

Referred to Committee on Education and Public Works.

H. 3861 -- Reps. Haskins, Sharpe, Beck, R. Smith, Mason, Young-Brickell, Loftis, Campsen, Tripp, Bailey, Littlejohn, Simrill, Davenport, Witherspoon, Barrett, Leach, Limbaugh, Rodgers, Robinson, Gamble and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-100 SO AS TO PROVIDE THAT A MALE UNDER THE AGE OF SIXTEEN AND A FEMALE UNDER THE AGE OF FOURTEEN ARE NOT CAPABLE OF ENTERING INTO A VALID MARRIAGE AND THAT ANY SUCH MARRIAGE IS VOID AB INITIO; AND TO AMEND SECTION 16-3-658, AS AMENDED, RELATING TO EXCLUDING THE APPLICATION OF CRIMINAL SEXUAL CONDUCT OFFENSES TO ONE'S LEGAL SPOUSE, SO AS TO PROVIDE THAT THIS EXCLUSION DOES NOT APPLY TO PURPORTED MARRIAGES BETWEEN A MALE UNDER AGE SIXTEEN AND A FEMALE UNDER AGE FOURTEEN.

Rep. HASKINS asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. MOODY-LAWRENCE objected.

Referred to Committee on Judiciary.

H. 3862 -- Reps. Harrison, Rodgers, Edge, Koon, Limehouse, McMaster, Hawkins, H. Brown, Allison, Knotts, Meacham, Campsen, Barfield, Mason, Leach, Littlejohn, Young-Brickell, Cato, Sandifer, Law, Wilkins, Stuart, Woodrum, Simrill, Young, Kelley, Barrett, Sharpe, Whatley, Trotter, Vaughn, Cotty, D. Smith, Haskins, Loftis, Witherspoon, Harrell, Riser, Fleming, Martin and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 20-7-6890, 20-7-6895, 20-7-6900, AND 20-7-6905, SO AS TO ESTABLISH THE YOUTH INDUSTRIES PROGRAM WITHIN THE DEPARTMENT OF JUVENILE JUSTICE AUTHORIZING THE DEPARTMENT TO CONTRACT WITH PRIVATE INDUSTRIES TO PROVIDE SERVICES RELATIVE TO PACKAGING, MANUFACTURING, AND PROCESSING GOODS AND TO ESTABLISH THE MANUFACTURING AND PROCESSING OF GOODS FOR STATE ENTITIES AND TO MAKE IT UNLAWFUL IN THIS STATE TO SELL GOODS MADE BY JUVENILE OFFENDERS AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 20-7-7815, RELATING TO THE PROHIBITION AGAINST COMMITTING TO THE DEPARTMENT OF JUVENILE JUSTICE A PERSON WHO IS SERIOUSLY HANDICAPPED BY MENTAL ILLNESS OR MENTAL RETARDATION, SO AS TO CHANGE THE REFERENCE FROM "PERSON" TO "JUVENILE" AND TO REQUIRE THE CONSENT OF THE JUVENILE PAROLE BOARD WHEN AN AGENCY TO WHICH A JUVENILE HAS BEEN COMMITTED SEEKS TO RELEASE THE CHILD; TO AMEND SECTION 20-7-8305, RELATING TO THE BOARD OF JUVENILE PAROLE, SO AS TO DELETE THE PROVISION THAT A JUVENILE HAS THE RIGHT TO APPEAR PERSONALLY BEFORE THE BOARD EVERY THREE MONTHS AND INSTEAD AUTHORIZE THE BOARD TO CONDUCT PAROLE HEARINGS BY TWO-WAY CLOSED CIRCUIT TELEVISION.

Referred to Committee on Judiciary.

H. 3863 -- Reps. Witherspoon and Edge: A BILL TO AMEND SECTION 4-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE GOVERNING BODY OF A COUNTY FURNISH CERTAIN COUNTY OFFICERS WITH OFFICE SPACE, FURNITURE, AND EQUIPMENT, SO AS TO REQUIRE THE COUNTY GOVERNING BODY TO FURNISH ELECTED COUNTY OFFICERS WITH SUFFICIENT OFFICE SPACE, FURNITURE, EQUIPMENT, AND PERSONNEL TO TRANSACT THE BUSINESS OF THOSE OFFICERS, AND TO PROVIDE THAT THESE ELECTED OFFICERS HAVE TOTAL CONTROL OVER THEIR BUDGETS ONCE APPROVED, TO PROHIBIT A COUNTY ADMINISTRATOR, SUPERVISOR, OR GOVERNING BODY OF A COUNTY FROM REDUCING THE OFFICER'S BUDGET UNTIL THE NEXT BUDGET CYCLE AND PROVIDE AN EXCEPTION.

Referred to Committee on Judiciary.

H. 3865 -- Reps. Tripp, Cromer, Stille, Klauber, Barrett, Bailey, Phillips, McCraw, Simrill, Cooper, H. Brown, G. Brown, Maddox, Davenport, Koon, Littlejohn and Seithel: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA GARNISHMENT ACT OF 1997", WHICH PROVIDES PROCEDURES THAT GRANT TO PERSONS WHO HAVE RECOVERED CERTAIN JUDGMENTS AGAINST ANOTHER PERSON A RIGHT TO A WRIT OF GARNISHMENT, SUBJECTING TO GARNISHMENT UP TO SPECIFIED LIMITATIONS INCOME, WAGES, INTEREST, RENTS, DIVIDENDS, CAPITAL GAINS, BONUSES, AND COMMISSIONS OF THE DEBTOR; AND TO REPEAL SECTION 37-5-104 RELATING TO THE PROHIBITION AGAINST GARNISHMENT FOR DEBTS ARISING FROM A CONSUMER CREDIT SALE.

Referred to Committee on Judiciary.

H. 3866 -- Reps. Barfield, Witherspoon, Edge and Rhoad: A BILL TO AMEND CHAPTER 11 OF TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-2485 SO AS TO LIMIT THE NUMBER OF DOGS ALLOWABLE IN A "FOX PEN ENCLOSURE" AND TO LIMIT MOVEMENT OF FOXES FROM ONE PEN ENCLOSURE TO ANOTHER.

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

H. 3867 -- Reps. Kirsh and Moody-Lawrence: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, BY ADDING CHAPTER 22 SO AS TO PROVIDE FOR CERTAIN KAYAKING AND CANOEING LIABILITY IMMUNITY WHEREBY A KAYAKING OR CANOEING ACTIVITY SPONSOR OR A KAYAKING OR CANOEING PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT RESULTING FROM AN INHERENT RISK OF KAYAKING OR CANOEING ACTIVITY ABSENT SPECIFIED FACTORS.

Referred to Committee on Judiciary.

H. 3868 -- Reps. Koon, Trotter, Tripp, Witherspoon, Knotts, Bauer and Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-5-61 SO AS TO PROVIDE THAT IT IS LAWFUL FOR SUPPLIERS TO SELL RABIES VACCINE AND RELATED SUPPLIES TO A DOG OWNER WITHOUT A PRESCRIPTION, AND FOR ANY PERSON OWNING A DOG TO PURCHASE RABIES VACCINE AND RELATED SUPPLIES WITHOUT A PRESCRIPTION, FOR THE PURPOSE OF ALLOWING A DOG OWNER TO INOCULATE HIS OWN DOG AGAINST RABIES, AND TO PROVIDE FOR SERIALLY NUMBERED TAGS AND CERTIFICATES AS EVIDENCE OF INOCULATION OF A DOG BY THE DOG'S OWNER.

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

H. 3869 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-126 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF A SCHOOL DISTRICT TO IMPOSE A ONE-TIME CAPITAL COST IMPACT FEE ON RESIDENCES CONSTRUCTED OR SET UP IN THE DISTRICT, TO PROVIDE LIMITATIONS ON THESE FEES AND FOR THEIR USE AND PAYMENT, AND TO DEFINE "RESIDENTIAL PROPERTY" AND "SCHOOL DISTRICT" FOR PURPOSES OF THIS ACT.

Referred to Committee on Education and Public Works.

S. 609 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED PROGRAM 9-12, DESIGNATED AS REGULATION DOCUMENT NUMBER 2124, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 610 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED PROGRAM 6-8 (AMENDED TITLE), DESIGNATED AS REGULATION DOCUMENT NUMBER 2126, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 611 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED PROGRAM K-5, DESIGNATED AS REGULATION DOCUMENT NUMBER 2123, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 612 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STUDENT ATTENDANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2028, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

CONCURRENT RESOLUTION

The following was introduced:

H. 3864 -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO FORMULATE RECOMMENDATIONS FOR THE GENERAL ASSEMBLY TO CONSIDER FOR FUTURE LEGISLATION CONCERNING DRUG IMPAIRED INFANTS AND THE TREATMENT METHODS, COMMITMENT PROCEDURES, AND THE PROSECUTION OF MOTHERS OF DRUG IMPAIRED INFANTS, AND ALL OTHER RELATED ISSUES CONCERNING DRUG IMPAIRED INFANTS AND THEIR MOTHERS.

The Concurrent Resolution was ordered referred to the Committee on Judiciary.

CONCURRENT RESOLUTION

The following was introduced:

H. 3870 -- Reps. Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING NEW EBENEZER BAPTIST CHURCH OF COLUMBIA ON ITS EIGHTY-SEVENTH ANNIVERSARY.

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

ROLL CALL

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

Allison                Altman                 Bailey
Barfield               Barrett                Battle
Bauer                  Baxley                 Beck
Boan                   Bowers                 Breeland
Brown, G.              Brown, H.              Brown, J.
Byrd                   Campsen                Carnell
Cato                   Cave                   Chellis
Clyburn                Cobb-Hunter            Cooper
Cromer                 Dantzler               Delleney
Easterday              Edge                   Fleming
Gamble                 Gourdine               Govan
Hamilton               Harrell                Harvin
Haskins                Hawkins                Hines, J.
Hines, M.              Hinson                 Hodges
Howard                 Inabinett              Jennings
Jordan                 Keegan                 Kelley
Kennedy                Kinon                  Kirsh
Klauber                Knotts                 Lanford
Law                    Leach                  Lee
Limbaugh               Limehouse              Littlejohn
Lloyd                  Loftis                 Mack
Maddox                 Martin                 Mason
McCraw                 McKay                  McLeod
McMahand               McMaster               Meacham
Miller                 Moody-Lawrence         Mullen
Neilson                Parks                  Phillips
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Scott                  Seithel
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, F.              Smith, J.
Smith, R.              Spearman               Stille
Stoddard               Stuart                 Townsend
Trotter                Walker                 Webb
Whatley                Whipper                Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

STATEMENT OF ATTENDANCE

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

Lewis R. Vaughn                   G. Ralph Davenport, Jr.
Larry L. Koon                     Daniel L. Tripp
Harry R. Askins                   Bill Cotty
Clementa C. Pinckney              Joseph H. Neal
Ralph W. Canty                    John G. Felder
Theodore A. Brown
Total Present--122

DOCTOR OF THE DAY

Announcement was made that Dr. Marion F. McFarland III of Columbia is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Reps. BATTLE and M. HINES presented to the House the Mullins High School Auctioneers Basketball Team, 1997 AA State Champions, their coaches and other school officials.

ORDERED ENROLLED FOR RATIFICATION

The following Bill 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. 262 -- Senators Peeler and Setzler: A BILL TO AMEND SECTION 56-3-7860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL SHRINER LICENSE PLATES, SO AS TO DELETE THE PROVISION THAT ONLY ONE PLATE MAY BE ISSUED TO A SHRINER.

H. 3174--DEBATE ADJOURNED

The following Bill was taken up.

H. 3174 -- Reps. Knotts and Limehouse: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 52 SO AS TO PROVIDE FOR THE ISSUANCE OF "CHARTER LIMOUSINE" LICENSE PLATES.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4232CM.97).

Amend the bill, as and if amended, Section 56-3-5300(B), page 1, beginning on line 34, by deleting:

/(B)     The biennial fee for this special license plate is twenty-five dollars./

and inserting:

/(B)     The department must receive at least three hundred applications requesting a special charter limousine plate before the special license plate may be issued. The biennial fee for this special license plate is the regular motor vehicle registration fee plus the personalized license plate fee provided by Section 56-3-2020./

Amend title to conform.

Rep. TOWNSEND explained the amendment and moved to adjourn debate upon the Bill until Wednesday, April 16, which was adopted.

H. 3823--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3823 -- Reps. Carnell, Klauber, Stille and Parks: A BILL TO AMEND SECTION 56-1-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING OF CERTAIN CONVICTIONS OF A PERSON FROM ANOTHER STATE TO THE LICENSING AUTHORITY OF HIS HOME STATE, SO AS TO PROVIDE THAT CERTAIN OTHER STATES SHALL REPORT CERTAIN CONVICTIONS OF A PERSON FROM SOUTH CAROLINA THAT OCCUR IN THE OTHER STATE TO THE DEPARTMENT OF PUBLIC SAFETY WITHIN FIVE YEARS OF THE CONVICTION.

Rep. STODDARD proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20473HTC.97), which was adopted.

Amend the bill, as and if amended, in Section 56-1-640(B) of the 1976 Code as contained in SECTION 1, line 38, page 3823-1, by striking /five years/ and inserting /one year/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. STODDARD explained the amendment.

The amendment was then adopted.

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

S. 308--RECALLED FROM THE
COMMITTEE ON EDUCATION AND PUBLIC WORKS

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

S. 308 -- Senators McGill, Lander, Alexander, Anderson, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Rose, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington, Williams and Wilson: A BILL TO AMEND SECTION 56-2-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REFUSAL TO RENEW A DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION FOR NONPAYMENT OF PROPERTY TAXES, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE BIENNIAL LICENSE PLATES AND REVALIDATION DECALS.

OBJECTION TO RECALL

Rep. SCOTT asked unanimous consent to recall H. 3192 from the Committee on Ways and Means.

Rep. SIMRILL objected.

MOTION PERIOD

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

H. 3710--ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. G. BROWN having the floor.

H. 3710 -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-1-175 AND 56-1-176 SO AS TO PROVIDE FOR THE ISSUANCE OF A PROVISIONAL DRIVER'S LICENSE; BY ADDING SECTION 56-5-2953 SO AS TO PROVIDE THAT A DRIVER UNDER THE AGE OF TWENTY-ONE SHALL NOT OPERATE A MOTOR VEHICLE WITH ANY MEASURABLE AMOUNT OF ALCOHOL; BY ADDING SECTION 56-23-87 SO AS TO PROVIDE THAT A PERSON WHO SUCCESSFULLY COMPLETES CERTAIN DRIVER TRAINING COURSES MUST BE ISSUED A CERTIFICATE OF COMPLETION; TO AMEND SECTION 56-1-30, RELATING TO PERSONS EXEMPT FROM OBTAINING A DRIVER'S LICENSE, SO AS TO DEFINE "IMPLEMENTS OF HUSBANDRY"; TO AMEND SECTION 56-1-40, AS AMENDED, RELATING TO A PERSON WHO MAY NOT OBTAIN A DRIVER'S LICENSE OR HAVE HIS DRIVER'S LICENSE RENEWED, SO AS TO REVISE THE AGE OF A PERSON WHO MAY BE ISSUED A DRIVER'S LICENSE OR A SPECIAL RESTRICTED DRIVER'S LICENSE; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO THE APPLICATION, PROCEDURE, ISSUANCE, AND RENEWAL OF, AND FEE FOR A BEGINNER'S PERMIT, SO AS TO REVISE THE CONDITIONS UNDER WHICH A PERSON HOLDING A BEGINNER'S PERMIT MAY OPERATE A MOTOR VEHICLE, TO PROVIDE THAT BEFORE OBTAINING FULL LICENSURE CERTAIN PERSONS MUST HOLD A BEGINNER'S PERMIT FOR NINETY DAYS, AND TO DEFINE "DAYLIGHT HOURS"; TO AMEND SECTION 56-1-130, AS AMENDED, RELATING TO EXAMINATIONS FOR BASIC AND CLASSIFIED LICENSES, SO AS TO PROVIDE FOR THE CONDITIONS UPON WHICH THE HOLDER OF A PROVISIONAL OR SPECIAL RESTRICTED DRIVER'S LICENSE MAY OPERATE A FARM TRUCK; TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO THE SPECIAL RESTRICTED DRIVER'S LICENSE FOR MINORS, SO AS TO REVISE THE AGE OF A PERSON THAT MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, TO DELETE A REFERENCE TO AN INSTRUCTION PERMIT, TO REVISE THE CIRCUMSTANCES UPON WHICH A PERSON MAY OPERATE A VEHICLE WHILE HOLDING A SPECIAL RESTRICTED DRIVER'S LICENSE, TO PROVIDE CONDITIONS UPON WHICH A WAIVER OR MODIFICATION OF THE LICENSE RESTRICTIONS MAY BE GRANTED AND THE CONTENTS OF THE STATEMENT THAT MUST BE INCLUDED IN AN APPLICATION FOR WAIVER OR MODIFICATION OF THE RESTRICTIONS, AND TO DEFINE "DAYLIGHT HOURS"; AND TO AMEND SECTION 56-1-185, RELATING TO THE POSTPONEMENT OF THE REMOVAL OF RESTRICTIONS FROM A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT A HOLDER OF A BEGINNER'S PERMIT, PROVISIONAL OR SPECIAL RESTRICTED DRIVER'S LICENSE WHO IS CONVICTED OF CERTAIN TRAFFIC OFFENSES SHALL HAVE HIS LICENSE SUSPENDED FOR SIX MONTHS.

Rep. G. BROWN relinquished the floor.

Rep. KIRSH proposed the following Amendment No. 7 (Doc Name P:\AMEND\GJK\20471SD.97), which was tabled.

Amend the bill, as and if amended, by striking Section 56-1-175(A)(2), as contained in SECTION 1, which begins on line 33, page 2, and inserting:

/(2)     if a public school student, passed a driver education course offered by his school in which course the student was permitted to enroll, or if a private, church, or home-schooled student, passed a driver education course as defined in subsection (D). If a public school does not offer such a driver education course or enrollment therein was closed to that student at the time of application, the requirements of this subitem (2) do not apply in order for that person to be eligible to receive a provisional or other type of driver's license./

Renumber sections to conform.

Amend totals and title to conform.

Rep. KIRSH explained the amendment.

Rep. TOWNSEND spoke against the amendment and moved to table the amendment, which was agreed to.

Rep. CAMPSEN proposed the following Amendment No. 8 (Doc Name P:\AMEND\DKA\4315MM.97), which was tabled.

Amend the bill, as and if amended, Section 56-1-180(B)(1), SECTION 9, page 8, line 13, by deleting /six a.m./ and inserting / two hours before legal sunrise /.

Amend further, Section 56-1-180(D), SECTION 9, page 8, by deleting subsection (D) which begins on line 34 and inserting:

/(D)     Daylight hours, as used in this section, means two hours before legal sunrise to two hours after legal sunset. For purposes of this section, all other hours are designated as nighttime hours. /

Amend title to conform.

Rep. CAMPSEN explained the amendment.

Rep. TOWNSEND spoke against the amendment and moved to table the amendment, which was agreed to.

Rep. SIMRILL proposed the following Amendment No. 9, which was tabled.

Amend Section 9. Section 56-1-180.

(B)(1)     striking:     during daylight hours

and adding:     until 9:00 P.M.

Rep. SIMRILL explained the amendment.

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

Rep. STUART moved cloture on the entire matter, which was agreed to.

Rep. G. BROWN spoke against the Bill.

SPEAKER PRO TEMPORE IN CHAIR

Rep. G. BROWN continued speaking.

MOTION NOTED

Rep. MEACHAM moved to reconsider the vote whereby Amendment No. 9 was tabled and the motion was noted.

Rep. G. BROWN continued speaking.

AMENDMENT NO. 9--MOTION
TO RECONSIDER REJECTED

The motion of Rep. MEACHAM to reconsider the vote whereby Amendment No. 9 was tabled was taken up.

Rep. TOWNSEND moved to table the motion to reconsider, which was not agreed to by a division vote of 31 to 48.

The question then recurred to the motion to reconsider, which was rejected by a division vote of 41 to 44.

LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. BYRD a leave of absence.

AMENDMENT NO. 7--MOTION
TO RECONSIDER TABLED

Rep. CAVE moved to reconsider the vote whereby Amendment No. 7 was tabled.

Rep. TOWNSEND moved to table the motion to reconsider.

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

Yeas 70; Nays 40

Those who voted in the affirmative are:

Allison                Altman                 Askins
Barfield               Barrett                Beck
Brown, H.              Campsen                Cato
Chellis                Cooper                 Cotty
Cromer                 Dantzler               Easterday
Edge                   Gamble                 Gourdine
Hamilton               Harrell                Harrison
Haskins                Hawkins                Hines, J.
Hinson                 Hodges                 Jordan
Keegan                 Kelley                 Knotts
Koon                   Lanford                Law
Leach                  Limbaugh               Limehouse
Littlejohn             Loftis                 Maddox
Martin                 Mason                  McMahand
McMaster               Moody-Lawrence         Neilson
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Smith, F.              Smith, R.
Spearman               Stille                 Stoddard
Stuart                 Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   Whatley                Wilder
Wilkins                Woodrum                Young
Young-Brickell

Total--70

Those who voted in the negative are:

Battle                 Bauer                  Baxley
Bowers                 Breeland               Brown, G.
Canty                  Carnell                Cave
Clyburn                Davenport              Delleney
Felder                 Fleming                Govan
Harvin                 Howard                 Jennings
Kinon                  Kirsh                  Klauber
Lee                    Lloyd                  Mack
McCraw                 McLeod                 Meacham
Miller                 Mullen                 Neal
Parks                  Phillips               Pinckney
Rhoad                  Scott                  Sheheen
Simrill                Smith, J.              Whipper
Wilkes

Total--40

So, the motion to reconsider was tabled.

SPEAKER IN CHAIR

Rep. HOWARD spoke against the Bill.

SPEAKER PRO TEMPORE IN CHAIR

Rep. HOWARD continued speaking.

AMENDMENT NO. 8--MOTION
TO RECONSIDER TABLED

Rep. MEACHAM moved to reconsider the vote whereby Amendment No. 8 was tabled.

Rep. TOWNSEND moved to table the motion to reconsider.

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

Yeas 63; Nays 45

Those who voted in the affirmative are:

Altman                 Barrett                Beck
Brown, H.              Cato                   Cooper
Cotty                  Cromer                 Easterday
Edge                   Gamble                 Gourdine
Hamilton               Harrison               Haskins
Hawkins                Hines, J.              Hines, M.
Hinson                 Hodges                 Howard
Jordan                 Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Koon                   Leach                  Littlejohn
Loftis                 Maddox                 Martin
Mason                  McCraw                 McKay
McMahand               McMaster               Moody-Lawrence
Mullen                 Neal                   Parks
Pinckney               Quinn                  Rice
Riser                  Rodgers                Sandifer
Smith, J.              Smith, R.              Spearman
Stille                 Stoddard               Stuart
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Wilder                 Wilkins                Young-Brickell

Total--63

Those who voted in the negative are:

Allison                Askins                 Bailey
Barfield               Battle                 Bauer
Baxley                 Bowers                 Breeland
Brown, G.              Campsen                Canty
Carnell                Cave                   Chellis
Clyburn                Cobb-Hunter            Dantzler
Delleney               Govan                  Harrell
Harvin                 Inabinett              Jennings
Lanford                Law                    Limbaugh
Lloyd                  Mack                   McLeod
Meacham                Miller                 Neilson
Phillips               Rhoad                  Seithel
Sheheen                Simrill                Smith, D.
Smith, F.              Whatley                Whipper
Wilkes                 Woodrum                Young

Total--45

So, the motion to reconsider was tabled.

Rep. CAVE spoke against the Bill.

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

SPEAKER IN CHAIR

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

Yeas 97; Nays 22

Those who voted in the affirmative are:

Allison                Altman                 Bailey
Barrett                Battle                 Beck
Boan                   Breeland               Brown, H.
Campsen                Carnell                Cato
Chellis                Cobb-Hunter            Cooper
Cotty                  Cromer                 Dantzler
Davenport              Delleney               Easterday
Edge                   Gamble                 Govan
Hamilton               Harrell                Harrison
Haskins                Hawkins                Hines, J.
Hines, M.              Hinson                 Hodges
Howard                 Jennings               Jordan
Keegan                 Kelley                 Kinon
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Leach                  Lee                    Limbaugh
Limehouse              Littlejohn             Loftis
Maddox                 Martin                 Mason
McCraw                 McKay                  McMahand
McMaster               Meacham                Miller
Moody-Lawrence         Mullen                 Neal
Neilson                Parks                  Pinckney
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Scott                  Seithel                Sheheen
Simrill                Smith, D.              Smith, F.
Smith, J.              Smith, R.              Spearman
Stille                 Stoddard               Stuart
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Whatley                Whipper                Wilder
Wilkins                Woodrum                Young
Young-Brickell

Total--97

Those who voted in the negative are:

Askins                 Barfield               Bauer
Baxley                 Bowers                 Brown, G.
Canty                  Cave                   Clyburn
Felder                 Fleming                Gourdine
Harvin                 Inabinett              Kennedy
Lloyd                  Mack                   McLeod
Phillips               Rhoad                  Sharpe
Wilkes

Total--22

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

RECURRENCE TO THE MORNING HOUR

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

INTRODUCTION OF BILLS

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

H. 3871 -- Rep. Stuart: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM AD VALOREM TAXATION, SO AS TO EXEMPT PROPERTY OWNED AND USED BY A COUNTY FAIR ASSOCIATION THAT IS EXEMPT FROM FEDERAL INCOME TAXATION UNDER SECTION 501(C) OF THE UNITED STATES INTERNAL REVENUE CODE.

Referred to Committee on Ways and Means.

H. 3872 -- Reps. Bowers and Mullen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3385 SO AS TO ALLOW A RESIDENT INDIVIDUAL TAXPAYER A TAX CREDIT OF UP TO FIVE HUNDRED DOLLARS A STUDENT FOR TUITION AND FEES PAID TO A PUBLIC OR PRIVATE INSTITUTION OF HIGHER LEARNING IN THIS STATE ON BEHALF OF HIMSELF, HIS SPOUSE, OR HIS DEPENDENTS, AND TO PROVIDE THE CONDITIONS UNDER WHICH THIS TAX CREDIT MAY BE CLAIMED.

Referred to Committee on Ways and Means.

H. 3873 -- Rep. Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 23 TO TITLE 13 SO AS TO ENACT THE "SOUTH CAROLINA GAMING AND ECONOMIC DEVELOPMENT ACT" WHICH PROVIDES FOR THE MANNER IN WHICH CERTAIN DOCKSIDE GAMING ACTIVITIES MAY BE CONDUCTED IN SPECIFIED COUNTIES OF THIS STATE AND INCLUDES PROVISIONS TO PROVIDE FOR THE IMPOSITION OF A WAGERING TAX AND THE MANNER IN WHICH IT IS IMPOSED AND DISTRIBUTED, TO ESTABLISH THE SOUTH CAROLINA GAMING COMMISSION, TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE COMMISSION, TO PROVIDE FOR THE MANNER IN WHICH GAMING LICENSES MAY BE ISSUED AND THE FEES FOR THESE GAMING LICENSES, TO PROVIDE FOR OTHER LICENSES IN CONNECTION WITH GAMING ACTIVITIES INCLUDING SUPPLIERS' LICENSES AND OCCUPATIONAL LICENSES AND FOR THE FEES FOR THESE OTHER LICENSES, TO PROVIDE FOR THE APPLICABILITY OF OTHER STATE AND LOCAL TAXES TO GAMING OPERATIONS, TO PROVIDE FOR CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF CERTAIN GAMING PROVISIONS, AND TO PROVIDE THAT ONE HUNDRED THOUSAND DOLLARS FROM THE CIVIL CONTINGENT FUND SHALL BE ADVANCED TO THE SOUTH CAROLINA GAMING COMMISSION FOR ITS START-UP COSTS.

Referred to Committee on Ways and Means.

H. 3874 -- Reps. Campsen, Young and Woodrum: A BILL TO AMEND SECTION 16-11-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PENALTIES FOR TRESPASS AGAINST REAL PROPERTY, AND SECTION 15-67-610, RELATING TO CIVIL REMEDIES FOR TRESPASS AGAINST REAL PROPERTY, SO AS TO EXEMPT THE OWNER OR LESSEE OF CERTAIN LAND FROM CRIMINAL AND CIVIL LIABILITY WHEN HIS ENTRY ONTO ANOTHER'S LAND IS NECESSARY FOR IMPROVEMENTS, REPAIRS, OR MAINTENANCE, UNDER CERTAIN CIRCUMSTANCES.

Referred to Committee on Judiciary.

H. 3875 -- Reps. Campsen, Loftis, Rodgers, Mack, Young, Woodrum and Limehouse: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF NATURAL RESOURCES TO LIMIT THE SALE OF SHRIMP TRAWLING LICENSES FOR A TWO-YEAR PERIOD AND TO EXAMINE THE FEASIBILITY OF CREATING A LIMITED ENTRY FISHERY THEREAFTER.

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

H. 3876 -- Reps. Campsen, Mack and Limehouse: A BILL TO AMEND CHAPTER 5, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GROUNDWATER USE ACT SO AS TO ENACT THE GROUNDWATER MANAGEMENT ACT.

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

H. 3877 -- Reps. Campsen, Altman, Young, Easterday, Haskins, Leach, Hamilton, Limehouse, Woodrum and Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3505 SO AS TO ALLOW A TAX CREDIT AGAINST THE SOUTH CAROLINA INCOME TAX LIABILITY OF A RESIDENT INDIVIDUAL FOR TUITION PAID BY THE TAXPAYER ON BEHALF OF A DEPENDENT CLAIMED BY THE TAXPAYER ON THE TAXPAYER'S FEDERAL INCOME TAX RETURN, TO LIMIT THE CREDIT TO EIGHT HUNDRED DOLLARS FOR EACH DEPENDENT, TO PROVIDE THAT TUITION FOR WHICH THE CREDIT MAY BE CLAIMED, ALLOW A FIVE-YEAR CARRYFORWARD FOR UNUSED CREDIT, AND AUTHORIZE THE DEPARTMENT OF REVENUE TO REQUIRE APPROPRIATE DOCUMENTATION.

Referred to Committee on Ways and Means.

H. 3878 -- Rep. Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-1230 SO AS TO ALLOW AN INCOME TAX CREDIT TO CERTAIN NEW BUSINESSES IN THIS STATE FOR SOCIAL SECURITY TAXES PAID ON AN EMPLOYEE'S WAGES.

Referred to Committee on Ways and Means.

H. 3879 -- Rep. Bowers: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO GRANT AN EXEMPTION TO CERTAIN NEW BUSINESSES IN THIS STATE.

Referred to Committee on Ways and Means.

H. 3880 -- Reps. Bowers and Bauer: A BILL TO AMEND SECTION 12-37-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXABLE PROPERTY, SO AS TO REPLACE PROPERTY TAX ON PERSONAL PASSENGER MOTOR VEHICLES WITH A UNIFORM FEE; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM PERSONAL PROPERTY TAXES, SO AS TO EXEMPT PERSONAL PASSENGER MOTOR VEHICLES; AND TO AMEND SECTIONS 12-37-2640 AND 12-37-2680, AS AMENDED, RELATING TO ASSESSMENT OF MOTOR VEHICLES BY THE COUNTY AUDITOR AND BY THE DEPARTMENT OF REVENUE FOR PURPOSES OF TAXATION, SO AS TO REQUIRE THE DEPARTMENT TO ESTABLISH AND DISSEMINATE A UNIFORM FEE FOR PERSONAL PASSENGER MOTOR VEHICLES.

Referred to Committee on Ways and Means.

H. 3881 -- Reps. Bowers and Bauer: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA GARNISHMENT ACT", WHICH PROVIDES PROCEDURES THAT GRANT TO PERSONS WHO HAVE RECOVERED CERTAIN JUDGMENTS AGAINST ANOTHER PERSON A RIGHT TO A WRIT OF GARNISHMENT, SUBJECTING TO GARNISHMENT UP TO SPECIFIED LIMITATIONS SALARY OR WAGES OF THE DEBTOR; AND TO REPEAL SECTION 37-5-104 RELATING TO THE PROHIBITION AGAINST GARNISHMENT FOR DEBTS ARISING FROM A CONSUMER CREDIT SALE.

Referred to Committee on Judiciary.

H. 3882 -- Rep. Davenport: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO ALLOW A DEDUCTION OF THE AMOUNT OF GAIN RECOGNIZED ON A TAXPAYER'S FEDERAL INCOME TAX RETURN ATTRIBUTABLE TO THE SALE OF REAL PROPERTY USED IN THE TAXPAYER'S TRADE OR BUSINESS WHEN THE PROCEEDS ARE INVESTED WITHIN TWO YEARS IN REAL PROPERTY ON WHICH THE TAXPAYER'S TRADE OR BUSINESS IS CONTINUED, TO LIMIT THIS DEDUCTION TO SUCH GAIN NOT EXCEEDING FIVE HUNDRED THOUSAND DOLLARS, AND TO REQUIRE AMOUNTS DEDUCTED TO BE ADDED TO INCOME IN A SUBSEQUENT YEAR WHEN THE REINVESTED REQUIREMENTS ARE NOT MET.

Referred to Committee on Ways and Means.

H. 3883 -- Reps. Miller, Kennedy, Neal, Mullen, Rodgers, Littlejohn, Sheheen, Scott, Mack, F. Smith, Bowers, Cobb-Hunter, J. Smith, J. Brown, Whipper, G. Brown, Neilson, Moody-Lawrence, Martin, Govan, Maddox, Inabinett, Lee, Cromer, Kelley, Phillips, Trotter, Pinckney, Breeland, Battle, McCraw, Harvin, Lloyd, Gourdine, Wilkes, Parks and McMahand: A BILL TO AMEND SECTION 1-30-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES TRANSFERRED TO THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PURSUANT TO GOVERNMENT RESTRUCTURING; TO AMEND SECTION 3-5-130, AS AMENDED, RELATING TO RESPONSIBILITIES OF THE COASTAL DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO AMEND SECTION 49-6-30, AS AMENDED, RELATING TO THE AQUATIC PLANT MANAGEMENT COUNCIL, ITS MEMBERSHIP, POWERS, AND DUTIES; TO AMEND CHAPTER 39, TITLE 48, RELATING TO COASTAL TIDELANDS AND WETLANDS; TO AMEND SECTION 48-55-10, AS AMENDED, RELATING TO THE SOUTH CAROLINA ENVIRONMENTAL AWARENESS AWARD; TO AMEND SECTION 50-17-390, AS AMENDED, RELATING TO JURISDICTION OVER NATURAL SHELLFISH DEPOSITS, ALL SO AS TO RECREATE THE SOUTH CAROLINA COASTAL COUNCIL AND TO TRANSFER ALL POWERS AND DUTIES FROM THE COASTAL DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO THE SOUTH CAROLINA COASTAL COUNCIL; AND PURSUANT TO CHAPTER 39, TITLE 48 TO REVISE THE APPOINTMENT PROCESS FOR MEMBERS OF THE COASTAL COUNCIL; TO CLARIFY ADVERTISEMENT PROCEDURES FOR PERMIT PUBLIC NOTICE; TO REQUIRE PERMIT APPLICANTS OF MARINA AND COMMERCIAL DOCK FACILITIES TO DEMONSTRATE A NEED FOR THE FACILITIES BEFORE THE APPLICATION IS CONSIDERED; TO REVISE PERMIT CONSIDERATIONS AFFECTING SHELLFISH AND MARINE LIFE AND WILDLIFE; AND TO REQUIRE THE COUNCIL TO HOLD A PUBLIC HEARING ON A PERMIT APPLICATION IF REQUESTED BY A MEMBER OF THE GENERAL ASSEMBLY.

Referred to Committee on Judiciary.

H. 3884 -- Reps. Stille, Barrett, Witherspoon, Dantzler and Littlejohn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-370 SO AS TO PROHIBIT REMEDIAL FRESHMEN OR REMEDIAL TRANSFER STUDENTS FROM ATTENDING STATE FOUR-YEAR HIGHER EDUCATION INSTITUTIONS BEGINNING WITH THE FALL TERM OF 1998 AND THEREAFTER.

Referred to Committee on Education and Public Works.

H. 3885 -- Reps. Stille, Witherspoon, Littlejohn and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-380 SO AS TO PROHIBIT PROVISIONAL FRESHMEN OR PROVISIONAL TRANSFER STUDENTS FROM ATTENDING STATE FOUR-YEAR HIGHER EDUCATION INSTITUTIONS BEGINNING WITH THE FALL TERM OF 1998 AND THEREAFTER.

Referred to Committee on Education and Public Works.

H. 3886 -- Reps. Neilson, J. Hines, Govan, Bailey, Knotts, Lloyd, Stoddard, Cato, Hinson, Barrett, Maddox, Bauer, Dantzler, H. Brown, Campsen, G. Brown, Inabinett, Barfield, Seithel, Battle, Rice, Phillips, Koon, Edge, Stille, Vaughn, McCraw, Littlejohn, Limbaugh, Davenport, Walker, Young-Brickell, Riser, Gamble, J. Smith, Askins, Harrison and Harvin: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO AUTHORIZE THE COURT TO REQUIRE A PARENT RECEIVING CHILD SUPPORT TO MAKE AN ACCOUNTING OF THE EXPENDITURES MADE FROM THE CHILD SUPPORT RECEIVED.

Referred to Committee on Judiciary.

H. 3887 -- Reps. Neilson, Barrett, Rodgers, Dantzler, Leach, Hinson, Sandifer, H. Brown, Meacham, Campsen, Seithel, G. Brown, Gourdine, Bailey, Barfield, Battle, Stoddard, Inabinett, Koon, Rice, Keegan, Phillips, Lloyd, Govan, J. Hines, Vaughn, Walker, Kinon, Knotts, Littlejohn, Cato, Limbaugh, Beck, R. Smith, McCraw, Davenport, Mason, Miller, Riser, Chellis, Gamble, Stille, Harvin, Askins and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 8 SO AS TO AUTHORIZE CERTAIN DRUG AND ALCOHOL TESTING OF PROSPECTIVE STATE EMPLOYEES.

Referred to Committee on Labor, Commerce and Industry.

H. 3888 -- Reps. J. Smith, J. Hines, Hodges, Martin, Maddox, Miller, Byrd, Battle, Bauer, Parks and Lloyd: A BILL TO AMEND SECTION 16-17-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SUPPLYING OF MINORS WITH CIGARETTES, TOBACCO, OR CIGARETTE PAPER, SO AS TO ALSO MAKE IT UNLAWFUL TO SUPPLY ROLLING PAPER AND TO MAKE IT UNLAWFUL FOR A MINOR UNDER THE AGE OF EIGHTEEN TO POSSESS SAME.

Referred to Committee on Judiciary.

H. 3889 -- Reps. Kelley, Whatley, Knotts, Neilson, Simrill, Keegan, Edge, Clyburn, Robinson, Rodgers, J. Hines, Barrett, Witherspoon, Miller, Maddox, Byrd, Battle and McKay: A BILL TO AMEND TITLE 38, CHAPTER 71, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCIDENT AND HEALTH INSURANCE, BY ADDING ARTICLE 15 TO ENACT THE "EMERGENCY SERVICES ACT" SO AS TO PROVIDE THAT PROSPECTIVE AUTHORIZATION FOR TREATMENT IN AN EMERGENCY MEDICAL FACILITY IS NOT REQUIRED IF IN THE OPINION OF THE ATTENDING PHYSICIAN TREATMENT IS NEEDED TO STABILIZE THE CONDITION.

Referred to Committee on Labor, Commerce and Industry.

H. 3890 -- Reps. Hinson, Simrill, Martin, Cave, J. Hines, H. Brown, Altman, Neilson, Rodgers, Barrett, Dantzler, Woodrum, Gourdine, Byrd, Law and Young-Brickell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-115 SO AS TO PROVIDE THAT ALL PERSONS APPLYING FOR EMPLOYMENT IN ANY CAPACITY WITHIN ANY PUBLIC SCHOOL OR PUBLIC SCHOOL DISTRICT SHALL BE REQUIRED TO SUBMIT FINGERPRINTS FOR THE PURPOSE OF A BACKGROUND INVESTIGATION AND A CRIMINAL HISTORY CHECK.

Referred to Committee on Education and Public Works.

H. 3891 -- Reps. Robinson and Cooper: A BILL TO AMEND SECTIONS 12-24-20, 12-24-30, 12-24-40, AND 12-24-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A DEED RECORDING FEE, SO AS TO PROVIDE THAT THE FEE IS OWED BY THE GRANTEES IN THE CASE OF A DEED FROM A MASTER-IN-EQUITY, FROM A GOVERNMENT OR ITS SUBDIVISIONS, OR FROM AN INTERNAL REVENUE CODE TAX-EXEMPT RETIREMENT PLAN; TO CLARIFY THE MEANING OF "VALUE" AND TO PROVIDE FOR THE ELECTION TO USE THE PROPERTY TAX ASSESSMENT OF FAIR MARKET VALUE FOR PURPOSES OF CHAPTER 24; TO DELETE AND CLARIFY CERTAIN EXEMPTIONS FROM THE RECORDING FEE ON DEEDS AND TO REDEFINE "FAMILY"; AND TO PROVIDE FOR CONTENTS OF AFFIDAVITS FILED IN CONNECTION WITH EXEMPT DEEDS.

Referred to Committee on Judiciary.

CONCURRENT RESOLUTION

The following was introduced:

H. 3892 -- Reps. Howard, Scott, Neal, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING THE REVEREND E.W. DAVIS OF RICHLAND COUNTY ON HIS FOURTEENTH ANNIVERSARY AS PASTOR OF LITTLE ZION BAPTIST CHURCH IN BLYTHEWOOD.

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

Further proceedings were interrupted by the Joint Assembly.

JOINT ASSEMBLY

At 12:00 Noon the Senate appeared in the Hall of the House.

The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

ELECTION OF COURT OF APPEALS JUDGES,
CIRCUIT COURT JUDGES, AND
AN ADMINISTRATIVE LAW JUDGE

The Reading Clerk of the House read the following Concurrent Resolution:

S. 595 -- Senator McConnell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 9, 1997, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 5, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 6, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTH JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FOURTEENTH JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 3, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 4, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 5, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 6, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 7, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 8, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 9, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 10, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997.

The President recognized Senator McConnell, Chairman of the Judicial Merit Selection Commission.

ELECTION OF CHIEF JUDGE, COURT OF APPEALS, SEAT 5

The President announced that nominations were in order for a Chief Judge, Court of Appeals, Seat 5.

Senator McConnell, Chairman of the Commission, stated that the Honorable William T. Howell had been screened, found qualified, and placed his name in nomination.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the President announced that the Honorable William T. Howell was duly elected for the term prescribed by law.

ELECTION OF A COURT OF APPEALS JUDGE, SEAT 6

The President announced that nominations were in order for a Court of Appeals Judge, Seat 6.

Senator McConnell, Chairman of the Commission, stated that the Honorable Jasper M. Cureton had been screened, found qualified, and placed his name in nomination.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the President announced that the Honorable Jasper M. Cureton was duly elected for the term prescribed by law.

ELECTION OF A CIRCUIT COURT JUDGE,
FIFTH JUDICIAL CIRCUIT, SEAT 3

The President announced that nominations were in order for a Circuit Court Judge, Fifth Judicial Circuit, Seat 3.

Senator McConnell, Chairman of the Commission, stated that the Honorable Costa M. Pleicones had been screened, found qualified, and placed his name in nomination.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the President announced that the Honorable Costa M. Pleicones was duly elected for the term prescribed by law.

Senator Leventis desired to be recorded as voting in favor of the Honorable Costa M. Pleicones.

ELECTION OF A CIRCUIT COURT JUDGE,
NINTH JUDICIAL CIRCUIT, SEAT 3

The President announced that nominations were in order for a Circuit Court Judge, Ninth Judicial Circuit, Seat 3.

Senator McConnell, Chairman of the Commission, stated that the Honorable A. Victor Rawl had been screened, found qualified, and placed his name in nomination.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the President announced that the Honorable A. Victor Rawl was duly elected for the term prescribed by law.

ELECTION OF A CIRCUIT COURT JUDGE,
THIRTEENTH JUDICIAL CIRCUIT, SEAT 2

The President announced that nominations were in order for a Circuit Court Judge, Thirteenth Judicial Circuit, Seat 2.

Senator McConnell, Chairman of the Commission, stated that the Honorable Larry R. Patterson had been screened, found qualified, and placed his name in nomination.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the President announced that the Honorable Larry R. Patterson was duly elected for the term prescribed by law.

ELECTION OF A CIRCUIT COURT JUDGE,
FOURTEENTH JUDICIAL CIRCUIT, SEAT 1

The President announced that nominations were in order for a Circuit Court Judge, Fourteenth Judicial Circuit, Seat 1.

Senator McConnell, Chairman of the Commission, stated that the Honorable Jackson Gregory had been screened, found qualified, and placed his name in nomination.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the President announced that the Honorable Jackson Gregory was duly elected for the term prescribed by law.

ELECTION OF A CIRCUIT COURT JUDGE,
FIFTEENTH JUDICIAL CIRCUIT, SEAT 2

The President announced that nominations were in order for a Circuit Court Judge, Fifteenth Judicial Circuit, Seat 2.

Senator McConnell, Chairman of the Commission, stated that the Honorable David H. Maring, Sr., had been screened, found qualified, and placed his name in nomination.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the President announced that the Honorable David H. Maring, Sr., was duly elected for the term prescribed by law.

ELECTION OF A CIRCUIT COURT JUDGE,
AT-LARGE, SEAT 1

The President announced that nominations were in order for a Circuit Court Judge, At-Large, Seat 1.

Senator McConnell, Chairman of the Commission, stated that the Honorable Paula H. Thomas had been screened, found qualified, and placed her name in nomination.

Senator Martin seconded the nomination of the Honorable Paula H. Thomas.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the President announced that the Honorable Paula H. Thomas was duly elected for the term prescribed by law.

ELECTION OF A CIRCUIT COURT JUDGE,
AT-LARGE, SEAT 2

The President announced that nominations were in order for a Circuit Court Judge, At-Large, Seat 2.

Senator McConnell, Chairman of the Commission, stated that the Honorable R. Markley Dennis, Jr. had been screened, found qualified, and placed his name in nomination.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the President announced that the Honorable R. Markley Dennis, Jr. was duly elected for the term prescribed by law.

ELECTION OF A CIRCUIT COURT JUDGE,
AT-LARGE, SEAT 3

The President announced that nominations were in order for a Circuit Court Judge, At-Large, Seat 3.

Senator McConnell, Chairman of the Commission, stated that the Honorable Malcolm Duane Shuler had been screened, found qualified, and placed his name in nomination.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the President announced that the Honorable Malcolm Duane Shuler was duly elected for the term prescribed by law.

ELECTION OF A CIRCUIT COURT JUDGE,
AT-LARGE, SEAT 4

The President announced that nominations were in order for a Circuit Court Judge, At-Large, Seat 4.

Senator McConnell, Chairman of the Commission, stated that the Honorable Joseph J. Watson had been screened, found qualified, and placed his name in nomination.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the President announced that the Honorable Joseph J. Watson was duly elected for the term prescribed by law.

ELECTION OF A CIRCUIT COURT JUDGE,
AT-LARGE, SEAT 5

The President announced that nominations were in order for a Circuit Court Judge, At-Large, Seat 5.

Senator McConnell, Chairman of the Commission, stated that the Honorable Gary E. Clary had been screened, found qualified, and placed his name in nomination.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the President announced that the Honorable Gary E. Clary was duly elected for the term prescribed by law.

ELECTION OF A CIRCUIT COURT JUDGE,
AT-LARGE, SEAT 6

The President announced that nominations were in order for a Circuit Court Judge, At-Large, Seat 6.

Senator McConnell, Chairman of the Commission, stated that the Honorable James E. Lockemy had been screened, found qualified, and placed his name in nomination.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the President announced that the Honorable James E. Lockemy was duly elected for the term prescribed by law.

ELECTION OF A CIRCUIT COURT JUDGE,
AT-LARGE, SEAT 7

The President announced that nominations were in order for a Circuit Court Judge, At-Large, Seat 7.

Senator McConnell, Chairman of the Commission, stated that the Honorable H. Dean Hall had been screened, found qualified, and placed his name in nomination.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the President announced that the Honorable H. Dean Hall was duly elected for the term prescribed by law.

ELECTION OF A CIRCUIT COURT JUDGE,
AT-LARGE, SEAT 8

The President announced that nominations were in order for a Circuit Court Judge, At-Large, Seat 8.

Senator McConnell, Chairman of the Commission, stated that the Honorable Paul E. Short, Jr. had been screened, found qualified, and placed his name in nomination.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the President announced that the Honorable Paul E. Short, Jr. was duly elected for the term prescribed by law.

Senator Short desired to be recorded as abstaining from voting in this election.

ELECTION OF A CIRCUIT COURT JUDGE,
AT-LARGE, SEAT 9

The President announced that nominations were in order for a Circuit Court Judge, At-Large, Seat 9.

Senator McConnell, Chairman of the Commission, stated that the Honorable L. Henry McKellar had been screened, found qualified, and placed his name in nomination.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the President announced that the Honorable L. Henry McKellar was duly elected for the term prescribed by law.

ELECTION OF A CIRCUIT COURT JUDGE,
AT-LARGE, SEAT 10

The President announced that nominations were in order for a Circuit Court Judge, At-Large, Seat 10.

Senator McConnell, Chairman of the Commission, stated that James R. Barber, III, Alison R. Lee, and Glenn Walters had been screened and found qualified.

Senator McConnell stated that Alison R. Lee and Glenn Walters had withdrawn from the contest. He then placed the remaining candidate's name in nomination, James R. Barber III.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the President announced that the Honorable James R. Barber III was duly elected for the term prescribed by law.

ELECTION OF AN ADMINISTRATIVE LAW JUDGE, SEAT 2

The President announced that nominations were in order for an Administrative Law Judge, Seat 2.

Senator McConnell, Chairman of the Commission, stated that the Honorable Stephen P. Bates had been screened, found qualified, and placed his name in nomination.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the President announced that the Honorable Stephen P. Bates was duly elected for the term prescribed by law.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.

The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:30 P.M. the House resumed, the SPEAKER in the Chair.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3839 -- Rep. Harvin: A CONCURRENT RESOLUTION THANKING THE REVEREND CARNELL HAMPTON OF CLARENDON COUNTY FOR HIS MANY YEARS OF SERVICE AS A MEMBER AND CHAIRMAN OF THE BOARD OF TRUSTEES OF CLARENDON COUNTY SCHOOL DISTRICT THREE.

H. 3841 -- Rep. McLeod: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF OLIN F. "SCRAP" BERRY OF SILVERSTREET, NEWBERRY COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

ADJOURNMENT

At 12:35 P.M. the House in accordance with the motion of Rep. COBB-HUNTER adjourned in memory of Cecil L. Williams of Orangeburg, to meet at 10:00 A.M. tomorrow.

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This web page was last updated on Monday, June 29, 2009 at 10:39 A.M.