Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

We thank You, Heavenly Father, for Your constant care that sustains us along the way - that You love us as we are, but at the same time You love us too much as to leave us that way. Forbid it, Lord, that we say that God is alive but act as if He were dead. What lies in our past and what lies ahead are small matters as compared to what lies within us. Inspire us with the truth that when one has accomplished all that one planned, he or she has not planned enough.

So be our inspiration, Lord God, this day and every day with "Your Word as a lamp unto our feet and a light unto our path" (Psalm 119:105). 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.

The following was received.
Columbia, S.C., April 24, 1991

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Moore, Giese and Hayes of the Committee of Conference on the part of the Senate on S. 388:
S. 388 -- Senators Moore, Bryan, Hinds, Courson, Washington, Wilson and Giese: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 SO AS TO ESTABLISH THE POLICY OF THIS STATE REGARDING SOLID WASTE AND TO PROVIDE FOR THE MANAGEMENT OF SOLID WASTE; TO AMEND SECTION 16-11-700, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS OF THE LITTER LAWS; AND TO AMEND SECTION 56-1-720 SO AS TO ASSIGN POINTS FOR THE DUMPING OF LITTER ON PUBLIC OR PRIVATE PROPERTY OR WATERS; TO AMEND CHAPTER 7 OF TITLE 12 RELATING TO THE TAX LAWS BY ADDING SECTION 12-7-1255 TO PROVIDE A TAX CREDIT FOR QUALIFIED RECYCLING EQUIPMENT; AND TO AMEND CHAPTER 7 OF TITLE 12 BY ADDING AN APPROPRIATELY NUMBERED SECTION SO AS TO PROVIDE FOR A CHECKOFF ON STATE TAX RETURNS FOR CONTRIBUTIONS MADE TO THE SOLID WASTE MANAGEMENT TRUST FUND.
Very respectfully,
President

No. 376

Received as information.

The following was received from the Senate.

The following was received.
Columbia, S.C., April 24, 1991

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon it amendments to H. 3126:
H. 3126 -- Reps. Wilkins and Mattos: A BILL TO AMEND SECTIONS 14-1-210 AND 23-23-70, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PORTIONS OF FINES, BOND FORFEITURES, AND COST OF COURT FEES WHICH MUST BE USED TO FINANCE SPECIAL PROGRAMS, SO AS TO PROVIDE THAT IF A CRIMINAL OR TRAFFIC FINE IS SUSPENDED THE AMOUNT SUSPENDED MUST BE USED TO DETERMINE THE AMOUNT WHICH MUST BE ASSESSED FOR THE FUNDING OF SPECIAL PROGRAMS.
and asks for a Committee of Conference and has appointed Senators Drummond, Pope and Mitchell of the Committee of Conference on the part of the Senate.

Very respectfully,
President

No. 125

Received as information.

Whereupon, the Chair appointed Reps. MATTOS, NETTLES, and COLE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

The following was received.
Columbia, S.C., April 24, 1991

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. 569:
S. 569 -- Senator Drummond: A BILL TO AMEND SECTION 54-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSIONERS OF PILOTAGE FOR THE PORT OF CHARLESTON, SO AS TO DELETE THE REQUIREMENT FOR RECOMMENDATION BY A MAJORITY OF THE LICENSED PILOTS; TO AMEND SECTION 54-15-100, RELATING TO APPRENTICES FOR THE PORT, SO AS TO DELETE THE AGE LIMITATION FOR APPRENTICES OVER TWENTY-EIGHT YEARS OF AGE; TO AMEND SECTION 54-15-120, RELATING TO THE REQUIREMENTS FOR LICENSING PILOTS IN THE PORT, SO AS TO AUTHORIZE THE CONSIDERATION OF PREVIOUS MARITIME EXPERIENCE, REVISE THE LIMITATION OF THE NUMBER OF LICENSES GRANTED THROUGH REGULATIONS, AND PROVIDE FOR EMERGENCY AND TEMPORARY LICENSES; TO AMEND SECTION 54-15-130, RELATING TO THE LIMITATION OF THE NUMBER OF LICENSED PILOTS, SO AS TO REVISE THE LIMITATION THROUGH REGULATION; TO REPEAL SECTION 54-15-180 RELATING TO THE COMMISSION AND USE OF PILOT BOATS FOR PILOTAGE; TO REPEAL SECTION 54-15-200 RELATING TO THE RESTRICTIONS ON OTHER BUSINESSES OF A PILOT; AND TO REAUTHORIZE THE EXISTENCE OF THE COMMISSIONERS OF PILOTAGE FOR THE PORT FOR SIX YEARS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

April 24, 1991

Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 3728, R-73, an Act:
TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF BETA KAPPA LAMBDA CHAPTER OF ALPHA PHI ALPHA FRATERNITY, INC., IN CHARLESTON COUNTY.

Section 33-14-220, as amended by Act 10 of 1991, provides the procedure under which a charter revoked under Section 33-14-210 may be reinstated. Since the charter of Beta Kappa Lambda Chapter of Alpha Phi Alpha Fraternity, Inc. was forfeited according to Section 33-14-210, the corporation may apply for reinstatement at anytime with the Secretary of State.

This veto is based upon an opinion of the Attorney General's Office dated March 28, 1990, which states:

"Special legislation to reinstate a revoked charter for a specific corporation is proscribed by Article IX, Section 2, of our Constitution. It there provides:
'The General Assembly Shall provide by general law for the formation, organization, and regulation of corporations and shall prescribe their powers, rights, duties, and liabilities, including the powers, rights, duties and liabilities of their officers and stockholders or members.'

"Section 33-14-220 is a general law. A general law was defined in McKiever V. City of Sumter, 137 S.C. 266, 135 S.E. 60 to be:
'A law is general in the constitutional sense which applies to and operates uniformly on all members of any class of persons, places, or things requiring legislation peculiar to itself in matters covered by the law.'"

An act that would authorize the reinstatement of a revoked corporate charter beyond the procedure set forth in the limitation of Section 33-14-220 must be by general law applicable to all similar corporations.

In addition to the fact that, H. 3728, R-73, is special legislation and thus in violation of the Constitution, the necessity to reinstate a corporation through legislation is no longer necessary. The application for reinstatement after an administrative dissolution is no longer limited to the two years after the date of dissolution. The General Assembly adopted Act 10, of 1991, effective March 15, 1991, which eliminated the two year limitation so that a corporation may now apply for reinstatement anytime after dissolution.

Yours sincerely,
Carroll A. Campbell, Jr.
Governor

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Bailey, J.             Fulmer                 Hallman
Holt                   Inabinett              Martin, D.
Whipper

Those who voted in the negative are:

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

April 24, 1991

Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 3432, R-65, an Act:
TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF PARKRITE CAROLINA, INC.

Section 33-14-220, as amended by Act 10 of 1991, provides the procedure under which a charter revoked under Section 33-14-210 may be reinstated. Since the charter of Parkrite Carolina, Inc. was forfeited according to Section 33-14-210, the corporation may apply for reinstatement at anytime with the Secretary of State.

This veto is based upon an opinion of the Attorney General's Office dated March 28, 1990, which states:

"Special legislation to reinstate a revoked charter for a specific corporation is proscribed by Article IX, Section 2, of our Constitution. It there provides:
'The General Assembly Shall provide by general law for the formation, organization, and regulation of corporations and shall prescribe their powers, rights, duties, and liabilities, including the powers, rights, duties and liabilities of their officers and stockholders or members.'

"Section 33-14-220 is a general law. A general law was defined in McKiever V. City of Sumter, 137 S.C. 266, 135 S.E. 60 to be:
'A law is general in the constitutional sense which applies to and operates uniformly on all members of any class of persons, places, or things requiring legislation peculiar to itself in matters covered by the law.'"

An act that would authorize the reinstatement of a revoked corporate charter beyond the procedure set forth in the limitation of Section 33-14-220 must be by general law applicable to all similar corporations.

In addition to the fact that, H. 3432, R-65, is special legislation and thus in violation of the Constitution, the necessity to reinstate a corporation through legislation is no longer necessary. The application for reinstatement after an administrative dissolution is no longer limited to the two years after the date of dissolution. The General Assembly adopted Act 10, of 1991, effective March 15, 1991, which eliminated the two year limitation so that a corporation may now apply for reinstatement anytime after dissolution.

Yours sincerely,
Carroll A. Campbell, Jr.
Governor

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Brown, J.              Burriss                Corning
Cromer                 Harrison               Rogers
Scott

Those who voted in the negative are:

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

April 24, 1991

Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 3618, R-64, an Act:
TO PROVIDE THAT THE BOARD OF COMMISSIONERS OF THE MARION COUNTY HOSPITAL DISTRICT SHALL CONSIST OF NINE MEMBERS, TO PROVIDE FOR THE APPOINTING PROCESS AND AUTHORITY, AND TO PROVIDE FOR STAGGERING INITIAL TERMS.

This veto is based upon an opinion of the Attorney General's Office dated April 24, 1991, which states in concluding:

"The act bearing ratification number 64 of 1991 provides for the appointment of nine members of the Marion County Hospital Board and staggering the terms of members initially appointed thereunder. Marion County Hospital District is a special purpose district located wholly within Marion County. See Op. Atty. Gen. dated March 24, 1977. Thus, H. 3618, R-64 of 1991 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that '[n]o laws for a specific county shall be enacted.' Acts similar to H. 3618, R-64, have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7..."

Yours sincerely,
Carroll A. Campbell, Jr.
Governor

April 24, 1991
Mark R. Elam, Esquire
Senior Counsel to the Governor
Office of the Governor
Post Office Box 11369
Columbia, South Carolina 29211

Dear Mr. Elam:

By your letter of April 22, 1991, you have asked for the opinion of this Office as to the constitutionality of H. 3618, R-64, an act relative to the Marion County Hospital District. For the reasons following, it is the opinion of this Office that the Act is of doubtful constitutionality.

In considering the constitutionality of an act of the General Assembly, it is presumed that the act is constitutional in all respects. Moreover, such an act will not be considered void unless its unconstitutionality is clear beyond any reasonable doubt. Thomas v. Macklen, 186 S.C. 290, 195 S.E. 539 (1937); Townsend v. Richland County, 190 S.C. 270, 2 S.E.2d 777 (1939). All doubts of constitutionality are generally resolved in favor of constitutionality. While this Office may comment upon potential constitutional problems, it is solely within the province of the courts of this State to declare an act unconstitutional.

The act bearing ratification number 64 of 1991 provides for the appointment of nine members of the Marion County Hospital Board and staggering the terms of members initially appointed thereunder. Marion County Hospital District is a special purpose district located wholly within Marion County. See Op. Atty. Gen. dated March 24, 1977. Thus, H. 3618, R-64 of 1991 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that '[n]o laws for a specific county shall be enacted.' Acts similar to H. 3618, R-64, have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7. See Cooper River Parks and Playground Commission v. City of North Charleston, 273 S.C. 639, 259 S.E.2d 107 (1979); Torgerson v. Craver, 267 S.C. 558, 230 S.E.2d 228 (1976); Knight v. Salisbury, 262 S.C. 565, 206 S.E.2d 875 (1974).

Based on the foregoing, we would advise that H. 3618, R-64 would be of doubtful constitutionality. Of course, this Office possesses no authority to declare an act of the General Assembly invalid; only a court would have such authority.

Sincerely,
Patricia D. Petway
Assistant Attorney General

REVIEWED AND APPROVED BY:
Robert D. Cook
Executive Assistant for Opinions

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:
Elliott, L.

Those who voted in the negative are:

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

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

Document No. 1393
Promulgated By Department of Social Services
Repeal Regulations 114-43-10 Through 114-43-99 Relating To Adoption Services
Received By Speaker April 24, 1991
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day review expiration date August 22, 1991

Document No. 1394
Promulgated By Department of Social Services
Supplemental Benefits And Compact On Adoption And Medical Assistance
Received By Speaker April 24, 1991
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day review expiration date August 22, 1991

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

H. 3743 -- Judiciary Committee: A BILL TO ENACT "THE STANDARDS FOR PUBLIC OFFICIALS', PUBLIC MEMBERS', AND PUBLIC EMPLOYEES' CONDUCT ACT OF 1991" SO AS TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND SECTION 7-3-10, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE MEMBERSHIP OF THE COMMISSION; TO AMEND THE 1976 CODE, BY ADDING CHAPTER 27 TO TITLE 7 SO AS TO ENACT "THE SOUTH CAROLINA CAMPAIGN FINANCE ACT"; TO AMEND CHAPTER 13, TITLE 8 OF THE 1976 CODE, RELATING TO ETHICS, CONDUCT, CAMPAIGN PRACTICES, AND DISCLOSURES, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF ETHICS, CONDUCT, FORMS AND REPORTS BY CANDIDATES FOR ELECTION BY THE GENERAL ASSEMBLY, AND DISCLOSURES OF PUBLIC OFFICIALS, PUBLIC MEMBERS, AND PUBLIC EMPLOYEES; AND TO AMEND SECTIONS 16-9-210 AND 16-9-220, RELATING TO OFFENSES AGAINST PUBLIC JUSTICE, SO AS TO PROVIDE FOR PENALTIES FOR THE GIVING, OFFERING, OR ACCEPTANCE OF BRIBES.

Reps. WILKINS and HAYES proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11626.DW), which was adopted.

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

/SECTION     1.     Title 8 of the 1976 Code is amended by adding:

Section 8-14-10.     This act may be cited as the 'Ethics and Accountability in Government Act'.

Section 8-14-20.     As used in this chapter:

(1) 'Annual filing period' means a calendar year.

(2)     'Business' means a corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, and self-employed individual;

(3)     'Business with which he is associated' means a business of which the person or a member of his immediate family is a director, officer, owner, employee, or holder of stock worth ten thousand dollars or more at fair market value, and any business which is a client of the person or which constitutes five percent or more of the total outstanding stock of any class;

(4)     'Candidate' means a person who seeks appointment, nomination for election, or election to a state or local office, or authorizes or knowingly permits the collection or disbursement of money for the promotion of his candidacy or election. It does not include a person within the meaning of Section 431(b) of the Federal Election Campaign Act of 1976.

(5)     'Candidate committee' means the committee designated by a candidate to (1) promote the candidate's candidacy and (2) serve as the recipient of all contributions and the disburser of all expenditures.

(6)     'Commission' means the State Ethics Commission.

(7)     'Committee' means an association, club, organization, or group of persons which, for the purpose of influencing an election, receives contributions or makes expenditures in an aggregate amount in excess of five hundred dollars during a year. 'Committee' includes a candidate committee, a party committee, or a committee that is not a campaign committee for a candidate but that is organized for the purpose of influencing an election.

(8) 'Compensation' means any money, thing of value, "in-kind service" or economic benefit conferred on or received by a person.

(9) 'Confidential information' means information, whether transmitted orally or in writing, which is obtained by reason of the public position or office held and is of such nature that it is not, at that time, a matter of public record or public knowledge.

(10) 'Contribution' means a gift, subscription, loan, advance, in kind service or deposit of money or anything of value made to a candidate or committee for the purpose of influencing an election; or payment or compensation for the personal service of another person which is rendered for any purpose to a candidate or committee without charge. 'Contributions' do not include:

(a)     volunteer personal services on behalf of a candidate or committee for which the volunteer receives no compensation from any source;

(b)     payment by a state or local committee of a political party for the cost to prepare, display, mail, distribute, or publicize a printed sample ballot or listing of candidates;

(11)     'Direct business association' means commercial or professional dealings without intervening persons, conditions, or agencies in which the parties engage in a business activity of some regularity, continuity, and permanency for gain, benefit, advantage, or profit but does not include ordinary business exchanges in retail trade or commerce.

(12)     'Economic interest' means any business transaction by a person directly with the State or any administrative agency or department of it, or with a county, district, or other political subdivision thereof;

(13)     'Election' means (a) a general, special, primary or runoff election, (b) a convention or caucus of a political party held to nominate a candidate, and (c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States;

(14)     'Expenditure' means a purchase, payment, loan, forgiveness of a loan, advance, in kind, service deposit, transfer of funds, a gift of money or anything of value for any purpose, a payment to a lobbyist for compensation for expenses, or lobbying activities, including the direct payment of expenses incurred at the request or suggestion of a lobbyist. It also means a payment that directly benefits a public official or employee or a member of their immediate family.

(15)     'Gift' means anything of value, including entertainment, food, beverage, travel, and lodging given or paid to a public official or employee to the extent that consideration of equal or greater value is not received. This includes a rebate or discount on the price of anything of value unless it is made in the ordinary course of business without regard to that person's status. This excludes campaign contributions accepted pursuant to this chapter. 'Gift' does not include transportation by motor vehicle of not more than two hundred miles.

(16)     'In-kind services' mean any services provided which can be measured in monetary terms.

(17)     'In-kind' means anything provided which can be measured in monetary terms.

(18) 'Immediate family' means:

(a)     any child residing in a public official's or public employee's household;

(b)     a spouse of a public official or public employee; or

(c)     an individual claimed by the public official or public employee or the public official's or public employee's spouse, as a dependent for income tax purposes.

(19)     'Income' means the receipt or promise of any consideration, whether or not legally enforceable.

(20)     'Jurisdiction' means this State or a political subdivision of this State;

(21)     'Legislation' means bills, resolutions, amendments, reports, claims, acts, rules, standards, rates, vetoes, nominations, regulations, and any other matter which may be the subject of action by either the General Assembly, the Governor, other constitutional officers, a state agency, county, municipality, or other political subdivision governing bodies.

(22)     'Legislative caucus committee' means a committee created by a political party caucus.

(23)     'Lobbying' means influencing or attempting to influence legislation through oral or written communication; the solicitation of others to influence legislation; or an attempt to obtain the goodwill of public officials or employees.

(24)     'Lobbyist' means a person who is employed, appointed, or retained, with or without compensation, by another person to influence in any manner the act or vote of a public official or public employee concerning legislation pending or to be introduced. 'Lobbyist' also means a nonstate employee who is employed, appointed, or retained, with or without compensation, by a state agency, college, university, or other institution of higher learning. 'Lobbyist' does not include:

(a)     an individual expressing a personal opinion on legislative or administrative matters to a public official or public employee, or a person who receives no compensation to engage in lobbying activities and does not make expenditures or incur obligations in an aggregate amount in excess of one thousand dollars in conducting lobbying activities in an annual filing period;

(b)     a person who limits his lobbying activities to appearances before public sessions of committees of the General Assembly, public hearings of state agencies, public hearings before county or municipal governing bodies or other political subdivisions, public hearings before a public body of a quasi-judicial nature, or proceedings of a court of this State, provided that the person makes no expenditures for or on behalf of a public official or public employee in connection with lobbying;

(c)     any duly elected or appointed public official or public employee of the State, the United States, a county, municipality, school district, public service district, or other political subdivision, when appearing solely on matters pertaining to his office and public duties unless lobbying constitutes a regular and substantial portion of the official's or employee's duties; however, a public employee for whom lobbying does not constitute a regular and substantial portion of such employee's employment duties and job description who engages in lobbying as part of an organized effort of a particular group, must use unpaid leave time to engage in lobbying activity if the activity occurs during regular working hours of the employee unless the lobbying is limited to appearances before and at the request of a public body, a standing committee, or subcommittee of the public body or a delegation;

(d)     a person performing professional services in drafting legislation or in advising and rendering opinions to clients as to the construction and effect of proposed or pending legislation where the professional services are not otherwise connected with influencing legislative action;

(e)     persons who own, publish, or are employed by a radio station, television station, wire service, or other bona fide news medium in which the ordinary course of business disseminates news, editorials, columns, other comments, or other regularly published periodicals, if these persons engage in no further activities and represent no other person in connection with a legislative matter;

(f)     persons who represent established churches solely for the purpose of protecting the rights of their own members or for protecting the doctrines of the churches or on matters considered to have an adverse effect upon the moral welfare of the membership of the church;

(g)     persons who are running for office elected by the General Assembly or persons soliciting votes on their behalf.

(25)     'Lobbyist principal' means the person on whose behalf the lobbyist influences or attempts to influence legislation but does not include a person that belongs to an association or organization that employs a lobbyist, nor an employee, officer, or shareholder of a person that employs a lobbyist.

(26)     'Noncandidate committee' means a committee that is not a campaign committee for a candidate but that is organized for the purpose of influencing an election which receives contributions or makes expenditures in an aggregate amount in excess of five hundred dollars during a year. 'Noncandidate committee' does not include political action committees that contribute solely to federal campaigns.

(27)     'Party committee' means a committee established by a political party;

(28)     'Person' means an individual, partnership, committee, association, corporation, labor organization, and any other organization or groups of persons.

(29) 'Political party' means an association, committee, or organization which nominates a candidate whose name appears on the election ballot as the candidate of that association, committee, or organization.

(30)     'Procurement' means that term as defined in Section 11-35-310(22).

(31)     'Public employee' means a person employed by the State, a county, a municipality or other political subdivision of the State, including applicants for the position.

(32)     'Public official' means an elected or appointed official of the State, a county, a municipality or other political subdivision of the State, including candidates for the office. However, 'public official' does not mean a member of the judiciary except that for the purposes of campaign practices and campaign disclosure, a probate judge is considered a public official and must meet the requirements of this chapter.

(33)     'Voluntary membership organization' means an organization composed of persons who are members of it on a voluntary basis and who, as a condition of membership, are required to make regular payments to the organization.

Section 8-14-30.     No candidate for an office elected by the General Assembly may seek directly the pledge of a member of the General Assembly's vote until the qualifications of all candidates for that office have been determined by the appropriate joint committee to review candidates for that office. No member of the General Assembly may offer a pledge until the qualifications of all candidates for that office have been determined by the appropriate joint committee to review candidates for that office.

Section 8-14-210.     (A) The State Ethics Commission as constituted under law in effect before January 1, 1992, ceases to exist with the appointment and qualification of members as prescribed in this section. Under this section, members of the State Ethics Commission are to be appointed to begin service on January 1, 1992.

(B) The State Ethics Commission is composed of nine members, appointed by the Governor, upon the advice and consent of the General Assembly. Other than by virtue of membership on or employment with the State Ethics Commission no member or employee of the commission may be a public official, public employee, candidate, an official in a political party, lobbyist, or member of the immediate family of one of these individuals.

(C) The terms of the members of the commission are for five years and until their successors are appointed and qualify. One member shall represent each of the six congressional districts and three members must be appointed from the State at large. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term only. No member of the commission, including those filling vacancies, may serve more than one term. The commission shall elect a chairman, a vice-chairman, and other officers as it considers necessary. Five members of the commission constitute a quorum. Members of the commission, while serving on business of the commission, receive per diem, mileage, and subsistence as provided by law for members of the General Assembly. The commission must adopt a policy concerning the attendance of its members at commission meetings.

(D) The commission meets at the call of the chairman or a majority of its members. An affirmative vote of five or more members is necessary for commission action. The commission may employ and remove, at its pleasure, an executive director to perform its functions. The executive director has the responsibility for employing and terminating other personnel as may be necessary. The executive director administers the daily business of the commission and performs duties assigned by the commission.

(E) No member of the commission or its staff may participate in political management or in a political campaign during the member or employee's term of office or employment. No member of the commission or its staff may make a financial contribution to a candidate, or knowingly attend a fundraiser held for the benefit of a candidate. Violation of this provision subjects the employee to immediate dismissal, and the commissioner to removal by the Governor.

(F) The members of the State Ethics Commission serving on this chapter's effective date continue to serve until the expiration of their terms. These members shall serve until their successors are appointed and qualify and may serve one full five-year term under the provisions of this chapter. The initial appointments for the at-large members of the commission created by this chapter must be for a one, two, or three-year term but these at-large members are eligible subsequently for a full five-year term.

Section 8-14-220.     (A)     The commission may render advisory opinions concerning this chapter based upon real or hypothetical circumstances, upon its own initiative, or when requested in writing by a public official, public employee, lobbyist, or a person personally and directly involved in the matter.

(B)     An advisory opinion must be in writing and is considered rendered when approved by five or more commission members subscribing to the advisory opinion. An advisory opinion must be made available to the public unless the commission, by majority vote, requires the opinion to remain confidential. However, the identities of the parties involved must be withheld upon request.

Section 8-14-230.     (A)     The commission may conduct investigations, inquiries, and hearings concerning any matter covered by this chapter. All investigations, inquiries, hearings, and accompanying documents are to remain confidential until final disposition of a matter unless the respondent waives the right to confidentiality. If the commission determines that assistance is needed in conducting investigations, the commission shall request the assistance of appropriate agencies.

(B)     The commission may require the cooperation of a state agency, public official, public employee, lobbyist, or other person whose conduct is regulated by this chapter. On written request an individual shall make information reasonably related to an investigation available to the commission.

(C)     The commission may administer oaths and affirmation for the testimony of witnesses and issue subpoenas by a vote of five or more members, subject to judicial enforcement, for the procurement of witnesses and materials including books, papers, records, documents, or other tangible objects relevant to the agency's investigation. The commission also shall promulgate regulations to carry out the provisions of this chapter.

Section 8-14-240.     The commission shall prescribe and provide forms for reports, statements, notices and other documents required by this chapter. Documents filed with the commission as public records must be retained for at least four years from the date of their receipt. Upon request, the commission shall make statements and reports filed with the commission available for public inspection and copying during regular office hours. The commission shall provide copying facilities at a cost not to exceed the actual cost. A statement may be requested by mail, and the commission shall mail a copy of the requested information to the individual making the request upon payment of appropriate postage, copying, and employee labor costs. The commission shall publish and make available to the public and to persons subject to this chapter explanatory information concerning this chapter, the duties imposed by it, and the means for enforcing it.

Section 8-14-250.     The commission shall accept from an individual, whether personally or on behalf of an organization or governmental body, a verified complaint in writing that states the name of a person alleged to have committed a violation of this chapter, and sets forth the particulars of the violation. The commission shall forward a copy of the complaint and a general statement of the applicable law with respect to the complaint to the respondent. If the commission determines that the complaint does not allege facts sufficient to constitute a violation of the chapter, it shall dismiss the complaint and notify the complainant and the respondent. If the commission determines that the complaint alleges facts sufficient to constitute a violation of the chapter, an investigation may be conducted with respect to the alleged violation.

Section 8-14-260.     If the commission determines that the information the commission has received provides an adequate basis for the belief that a violation of the chapter has been committed, or that an investigation of a possible violation is warranted, an investigation may be conducted. If the commission during the course of an investigation, or upon the receipt of information finds probable cause to believe that a violation of the chapter has occurred, it may, upon its own motion, file a complaint. A complaint initiated by the commission must be signed by a majority of the members of the commission.

Section 8-14-270.     The commission, through its own investigators or with the investigatory assistance of other agencies, shall administer oaths and require by subpoena the attendance and testimony of witnesses and the production of documentary evidence relating to the investigation being conducted. The commission shall afford a public official, public employee, lobbyist, or lobbyist principal who is the subject of a complaint, the opportunity to be heard on the alleged violation under oath and to offer information which may tend to exonerate his conduct. The commission, in its discretion, may turn over to the Attorney General for prosecution apparent evidence of a violation of the chapter.

Section 8-14-280.     At the conclusion of its investigation, the commission staff, in a preliminary written decision with findings of fact and conclusions of law, shall make a determination whether probable cause exists to believe that a violation of the chapter has occurred. If the commission determines that probable cause does not exist, it shall send a written decision with findings of fact and conclusions of law to the respondent and the complainant. If the commission staff determines that there is probable cause to believe that a violation has been committed, its preliminary decision may contain an order setting forth a date for a hearing before a panel of three commissioners, selected at random, to determine whether a violation of the act has occurred. If the commission finds probable cause to believe that a violation of the chapter has occurred, the commission may waive further proceedings if the respondent takes action to remedy or correct the alleged violation. The commission decision to waive further proceedings, justification for this decision, and remedial or corrective action to be taken by the respondent may be a part of the public record upon request of the respondent.

Section 8-14-290.     A panel of three commissioners shall conduct a hearing in accordance with Chapter 23 of Title 1 (Administrative Procedures Act), except as otherwise expressly provided. During an investigation or hearing to determine whether a violation has occurred, the respondent may be represented by counsel. During a commission panel hearing conducted to determine whether a violation of the chapter has occurred, all evidence, including records the commission considers, must be offered fully and made a part of the record in the proceedings. The commission panel is not bound by the strict rules of evidence. The hearings must be held in executive session unless the respondent requests an open hearing.

Section 8-14-300.     (A) No later than sixty days after the conclusion of a hearing to determine whether a violation of the chapter has occurred, the commission shall set forth its determination in a written decision with findings of fact and conclusions of law containing one or more of the following recommendations, orders, or reports:

(1)     In the case of a public official, other than a member of the General Assembly, or in the case of a public employee, either classified or unclassified, a recommendation to the appropriate appointing or hiring authority that the public official or employee be censured, suspended, or removed from office or employment.

(2)     In the case of a member of the General Assembly, a report without recommendation to the presiding officer of the appropriate chamber of the legislature.

(3)     In the case of state official subject to impeachment under Article XV of the Constitution of South Carolina, 1895, a recommendation to the presiding officers of both chambers of the General Assembly that the official be removed from office.

(4)     An order requiring the public official or public employee to pay a civil penalty of not more than two thousand dollars for each violation.

(5)     An order requiring the forfeiture of gifts, receipts, or profits obtained in violation of the chapter, voiding nonlegislative state action obtained in violation of the chapter, or a combination of the above, as necessary and appropriate.

(B)     A fine imposed by the commission, disciplinary action taken by an appropriate authority, or a determination not to take a disciplinary action made by an appropriate authority is public record. This section does not limit the power of either chamber of the General Assembly to discipline its own members or to impeach a public official or of a department to discipline its officials or employees. This section does not preclude prosecution of public officials or employees for violation of any laws of this State.

Section 8-14-310.     Within ten days after service of an order, report, or recommendation, a respondent may apply to the commission for a full commission review of the decision made by the panel. The review must be made on the record established in the panel hearings. The petition for review stays all actions and recommendations until the commission makes its final decision for review and its actual review if it has agreed to a full commission hearing. This review is the final disposition of the complaint.

Section 8-14-320.     The Attorney General may initiate an action to recover a fee, compensation, gift, or profit received by a person as a result of a violation of the chapter no later than one year after a determination by the commission that this chapter has been violated.

Section 8-14-330.     Action may not be taken on a complaint filed more than four years after the violation is alleged to have occurred unless a person, who by fraud or other device, prevents discovery of the violation.

Section 8-14-340.     If an alleged violation is found to be groundless by the commission, the entire matter must be stricken from public record. If the commission finds that the complaining party was motivated with malice, the finding must be reported to the Attorney General. The wilful filing of a groundless complaint is a misdemeanor and, upon conviction, a person must be fined not more than one thousand dollars.

Section 8-14-350.     When hired, filing for office, or appointed and upon assuming the duties of employment, office, or position in state government, each public official and public employee shall receive a brochure prepared by the State Ethics Commission describing the general application of the chapter.

Section 8-14-360.     The State Ethics Commission, in the performance of its duties under this chapter, may utilize the resources of other state agencies.

Section 8-14-370.     No complaint may be accepted by the commission concerning a candidate for elective office in the sixty-day period before an election in which he is a candidate. Action on a complaint filed against the candidate which was received more than sixty days before the election, and which cannot be disposed of by the commission or by dismissal of the complaint not less than forty days before the election must be postponed until after the election.

Section 8-14-380.     The State Ethics Commission shall at the close of each fiscal year report to the General Assembly and the Governor concerning the action it has taken, the names, salaries, and duties of all persons in its employ and the money it has disbursed in an itemized accounting, and shall make further reports on matters within its jurisdiction and recommendations for further legislation as it may appear desirable.

Section 8-14-510.     There is created a House of Representatives Legislative Ethics Committee and a Senate Legislative Ethics Committee. Each committee is composed of six members. Terms are coterminous with the term for which members are elected to the House or Senate. Vacancies must be filled for the unexpired term in the manner of the original selection. The members of each committee must be elected by the House or the Senate, as appropriate. One member of each committee must be elected chairman by a majority of the members of the committee.

Section 8-14-520.     Each committee shall meet and recommend any changes in the law or rules to ethics considered proper to their respective houses. Any changes recommended must be consistent with the Constitution of the State of South Carolina, the provisions of this chapter, and any other applicable law.

Section 8-14-530.     (A) Upon receipt of a report from the State Ethics Commission of a violation of the provisions of this chapter by a member of the General Assembly, the presiding officer of the appropriate chamber shall refer the report to that chamber's Ethics Committee. The Ethics Committee then shall meet in executive session to discuss the matter and shall:

(1)     issue a public or private reprimand; or

(2)     make a recommendation to expel or otherwise punish the member charged in accordance with Section 12 of Article III of the Constitution of this State; or

(3)     in the case of an alleged criminal violation, refer the matter to the Attorney General for further inquiry and appropriate action; or

(4)     accept the report as information and take no action.

(B)     At the conclusion of the committee proceedings, a report of the committee's findings and order of punishment, if any, must be forwarded to the member and to the presiding officer of the appropriate body.

(C)     An individual has ten days from the date of the notification of the committee's action to appeal the action to the full legislative body.

Section 8-14-540.     (A) Upon receipt of an appeal of an order of the Ethics Committee by an individual, the presiding officer of the House or Senate shall call the House or Senate into open session at a time to be determined at his discretion, or in executive session if the House or Senate chooses, as a committee of the whole, to consider the action of the Ethics Committee. The House or Senate shall sustain or overrule the committee's action or order other action consistent with Section 8-14-530(A)1-4.

(B) Upon consideration of an Ethics Committee report by the House or Senate, whether in executive or open session, the results of the consideration, except in the case of the issuance of a private reprimand, are a matter of public record.

Section 8-14-550.     (A)     A public official who is indicted in a state court or a federal court for a crime that is a felony, a crime that involves moral turpitude, a crime that has a sentence of two or more years, or a crime that violates election laws, must be suspended without pay by the presiding officer of the Senate or House, or by the Governor, as appropriate, immediately. The suspension shall remain in effect until the public official is acquitted, convicted, pleads guilty, or pleads nolo contendere. In case of conviction, the office must be declared vacant. In the event of acquittal or dismissal of charges against the public official, he is entitled to reinstatement of back pay.

(B)     If the public official is involved in an election between the time of the suspension and final conclusion of the indictment, the presiding officer, Governor, as appropriate, shall again suspend him at the beginning of his next term. The suspended public official may not participate in the business of his office.

Section 8-14-560.     In addition to the responsibilities specified in this chapter, the Ethics Committees of the House and Senate also shall act as an advisory body for each chamber on questions pertaining to the disclosure and filing requirements of its members.

Section 8-14-710.     (A) A lobbyist shall register with the State Ethics Commission within fifteen days after becoming a lobbyist and then annually by the beginning of each calendar year. Each individual registering as a lobbyist shall pay a total fee of two hundred dollars a year. Each person registering as a lobbyist shall present to the State Ethics Commission a communication reflecting the authority of the registrant to represent the person by whom he is employed. There is no registration fee for lobbyists who are full-time employees of a state agency and lobbying on behalf of that state agency.

(B) The State Ethics Commission annually shall furnish to each constitutional officer and to each member of the General Assembly a list of all lobbyists registered with that office. The State Ethics Commission must furnish that same list to any state or local government agency, board, or commission at its cost upon request. The State Ethics Commission shall furnish monthly updates to the same persons, at cost.

Section 8-14-720.     (A) The registration form required under the provisions of this chapter must be in that form and contain that information as the State Ethics Commission prescribes, including the following:

(1)     the full name and address, telephone number, occupation, name of employer, principal place of business, and position held in that business by the lobbyist;

(2)     an identification, as far as possible, of each principal on whose behalf the lobbyist expects to perform services as a lobbyist, including the name, address, and telephone number of the principal, the principal's business, and each lobbyist employed by or representing the principal;

(3)     an identification, as far as possible, of the subject matter of the lobbying and the government entity the lobbyist expects to lobby;

(4)     an identification, by those corporate entities that register, of each individual who will act as a lobbyist on its behalf during the covered period.

(5)     an identification, as far as possible, of each individual who will act as a lobbyist on behalf of the reporting lobbyist during the covered period;

(6)     certification by the lobbyist that the information contained on the registration is true and correct.

(B) Each lobbyist who ceases to engage in activities requiring him to register under these provisions shall file a written statement with the State Ethics Commission acknowledging the termination of activities. Each lobbyist who files a notice of termination under this article shall file reports required by this article for any reporting period during which he was registered under these provisions. Termination does not become effective until approval by the State Ethics Commission based upon the completeness and accuracy of the report, the likelihood that the lobbying will continue, and any other circumstances that the State Ethics Commission considers appropriate.

(C)     A lobbyist shall file a supplemental registration indicating a substantial change in the information contained in the prior registration within fifteen days after the date of the change.

(D)     Each lobbyist shall maintain for not less than four years records which must be available to the State Ethics Commission for inspection and which must contain complete and itemized information on all contributions and expenditures made, paid, incurred, or promised in connection with promoting or opposing in any manner any legislation within the terms of this chapter including the following information:

(1)     the total income received by the lobbyist attributable to lobbying;

(2)     the identification of each person from whom income is received and the amount received, but in the case of a voluntary membership organization, a contribution during an annual filing period from a member need be recorded only if the contributions to the organization from the member are more than five hundred dollars and more than twenty percent of the total contributions to the organization during that annual filing period;

(3) the total expenditures of the lobbyist for lobbying.

(E) A lobbyist's principal shall maintain for not less than four years records which must be available to the State Ethics Commission for inspection and which must contain complete and itemized information on all contributions and expenditures made, paid, incurred, or promised in connection with promoting or opposing in any manner any legislation within the terms of this chapter including the following information:

(1) salaries, fees, and retainers paid to lobbyists attributable to lobbying;

(2) those portions of office rent, utilities, supplies, and compensation of support personnel attributable to lobbying activities;

(3) other lobbying expenditures;

(4) for each public official in whose behalf payment was made in one year that was initiated or made by the lobbyist's principal, the name of all public officials on whose behalf contributions or expenditures were made, the name of the person receiving the payment, amount of the payment, date of the payment, and items presented other than a monetary contribution or expenditure.

(F) The State Ethics Commission may require a person to submit information pursuant to the requirements of this chapter.

Section 8-14-730.     (A) A lobbyist shall file with the State Ethics Commission a separate report for each lobbyist principal containing all contributions and expenditures that were initiated or paid by the lobbyist on behalf of the principal during the prior reporting period. Each expenditure must be reported by financial categories as prescribed by the State Ethics Commission. Each report must be in that form and contain information as the State Ethics Commission prescribes, including, but not limited to:

(1)     the full name, address, and telephone number of the reporting lobbyist;

(2)     an identification of each person who acted as a lobbyist on behalf of the reporting lobbyist during the covered period;

(3)     each legislation the reporting lobbyist sought to influence during the covered period;

(4)     a description of all contributions or expenditures in an aggregate amount in excess of twenty-five dollars a day and one hundred fifty dollars a year initiated or made by a lobbyist on behalf of the principal to a public official or employee; the name of the official or employee receiving payment or in whose behalf the payment was made, and the date and amount of the payment;

(5)     the amount of fees, retainers, and expenses paid to the lobbyist by the lobbyist principal attributable to lobbying;

(6)     a statement detailing a direct business association, as defined in this chapter, with a public official or employee.

(B)     The report of contributions and expenditures required by subsection (A) must be filed semi-annually with the State Ethics Commission within ten days of June thirtieth and December thirty-first for the preceding six-month period. The December thirty-first report must include a cumulative total for the prior year for all categories. A final report must be filed at the time a lobbyist seeks to terminate his registration. Reports must be on forms prescribed by the State Ethics Commission.

Section 8-14-740.     Lobbyists of each state agency or department who spend a substantial amount of their time lobbying, shall file a report of contributions and expenditures semi-annually with the State Ethics Commission within ten days of June thirtieth and December thirty-first for the preceding six-month period. The December thirty-first report must include a cumulative total for the prior year for all categories. A final report must be filed at the time a lobbyist seeks to terminate his registration. Reports must be on forms prescribed by the State Ethics Commission and must include the information required under Section 8-14-730(A)(1)-(6).

Section 8-14-750.     The State Ethics Commission has the power:

(1)     to require a person to submit in writing reports and answers to questions as the commission may prescribe. The submission must be made within a reasonable period and under oath or otherwise as the commission may determine;

(2)     to administer oaths;

(3)     to require by subpoena the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of its duties;

(4)     to order testimony to be taken in any proceeding or investigation by deposition before a person who is designated by the commission and has the power to administer oaths and, in these instances, to compel testimony and the production of evidence in the same manner as authorized under item (3) of this section;

(5)     to request the Attorney General to initiate through civil proceedings for injunctive relief and through presentation to grand juries, prosecute, defend, or appear in a civil or criminal action in the name of the commission for the purpose of enforcing the provisions of this chapter;

(6)     to promulgate regulations to carry out provisions of this article. However, regulations promulgated by the commission under the provisions of this chapter must be limited to and include only the forms necessary to accomplish the purpose of this chapter;

(7)     in addition to any other penalty in this chapter, to require a person who files a late statement or fails to file a required statement to be assessed a civil penalty as follows:

(a)     a fine of one hundred dollars if not filed within five days after the established deadline provided in this chapter;

(b)     after notice has been given by certified or registered mail that a required statement has not been filed, a fine of ten dollars a day for each additional calendar day in which the required statement is not filed, not to exceed a total fine of five hundred dollars.

Section 8-14-760.     The State Ethics Commission has the following duties:

(1)     to develop forms for the filing of notices of registration, representation, and reports required by this chapter and to furnish the forms to lobbyists upon request;

(2)     to issue identification cards to each lobbyist before the lobbyist can engage in lobbying and before January tenth of each succeeding year;

(3)     to prepare a manual setting forth recommended uniform methods of bookkeeping and reporting and to furnish a manual to lobbyists upon request;

(4)     to develop a filing, coding, and cross-indexing system consistent with the purpose of this article;

(5)     to make the notices of registration and reports filed with it available for public inspection and copying as soon as may be practicable after receipt of them and to permit copying of a report or statement by hand or by duplicating machine, as requested by a person, at the expense of the person;

(6)     to preserve the originals or copies of notices and reports for four years from date of receipt;

(7)     to ascertain whether a lobbyist has failed to comply fully and accurately with the disclosure requirements of this chapter and promptly notify the person to file the necessary notices and reports to satisfy the requirements of this chapter or regulations promulgated by the commission under this chapter;

(8)     to have information, so compiled and summarized, made available for public inspection and copying within thirty days after the close of each filing period;

(9)     to receive complaints and make investigations with respect to the notices and reports filed under the provisions of this chapter, and with respect to alleged failure to file a statement or reports required under the provisions of this chapter, and, upon complaint by an individual, with respect to alleged violations of any part of this chapter;

(10)     to report apparent violations of this chapter to the Attorney General.

Section 8-14-770.     (A)     A lobbyist who is indicted in a state or federal court for a violation of this chapter must be suspended immediately from acting as a lobbyist by the State Ethics Commission. The suspension shall remain in effect until the lobbyist is acquitted, convicted, pleads guilty, or pleads nolo contendere.

(B) A lobbyist who knowingly or wilfully violates the provisions of this article or a person who knowingly or wilfully falsifies all or part of a registration form or report which is filed with the State Ethics Commission under this article is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand, five hundred dollars or imprisoned for not more than one year, or both. In addition, a lobbyist convicted of a misdemeanor under the provisions of this section is barred from acting as a lobbyist for three years from the date of the conviction.

(C) The payment of any fines does not in any way excuse or exempt any person required to file from the filing requirements of this chapter.

Section 8-14-780.     (A) No lobbyist may extend to a public official or public employee and no public official or public employee may accept an invitation to a function paid for by a lobbyist except for:

(1) as to members of the General Assembly, a function to which a member of the General Assembly is invited if the entire membership of the House, the Senate, or the General Assembly is invited, or one of the standing committees, standing subcommittees, legislative caucuses, or legislative delegations of the House, Senate, or General Assembly, of which the legislator is a member, is invited;

(2)     as to constitutional officers, a function to which a constitutional officer is invited if all of the constitutional officers are invited;

(3)     as to a public official of an agency, board, or commission, a function to which an official of a state agency, board, or commission is invited if the entire board or commission of which the public official is a member is invited;

(4)     as to members of the governing body of any other political subdivision, a function to which a member of the governing body is invited if the entire membership of that governing body is invited, or one of the standing committees or subcommittees of that governing body, of which the public official is a member, is invited.

(5)     as to public employees, a function to which a public employee is invited if a public official of the agency or department of which the public employee is employed also is invited under another provision of this section.

(B)     No lobbyist, lobbyist principal, or a person acting on behalf of a lobbyist or principal may offer, solicit, initiate, facilitate, or provide to or on behalf of a member of the General Assembly, a public official, or a public employee, and no official or employee may receive a loan or a promise of a loan other than a loan made by a financial institution authorized to transact business in the State.

(C)     The provisions of this section do not apply to a public official or public employee who pays for his food and beverage at a function to which he has been invited by a lobbyist.

Section 8-14-790.     (A) A lobbyist may not serve as a treasurer for a candidate or a committee.

(B)     No lobbyist or lobbyist principal or agent of a lobbyist or lobbyist principal may pay an honorarium for speaking before public or private groups to a public official or a public employee, other than the reimbursement of actual expenses incurred as long as the expenses were reasonable and were incurred in a reasonable time and manner in which to accomplish the purpose of the engagement.

(C)     A lobbyist may not be employed nor contract to receive or accept compensation dependent upon the success or failure of any legislation.

(D)     A lobbyist may not cause the introduction of legislation for the purpose of obtaining or maintaining employment to lobby in support of or in opposition to the legislation.

(E)     A lobbyist may not serve as a member of a state board or commission that is appointed or elected by the General Assembly or the Governor.

(F)     A lobbyist may not personally deliver campaign contributions to a public official.

(G)     A lobbyist including former members of the General Assembly may not enter the floor of the House of Representatives or Senate unless invited by the membership of the respective chamber during a session of the General Assembly.

(H)     A lobbyist or lobbyist principal or an agent of a lobbyist or lobbyist principal may not employ on retainer a public official, a public employee or immediate family member of the public official or public employee, or a firm or organization in which a public official, or public employee has a financial interest. A retainer, for purposes of this section is a payment for availability to perform services rather than for actual services rendered.

Section 8-14-800.     Except as otherwise specified in Section 8-14-780, no lobbyist may offer, solicit, initiate, facilitate, or provide to or on behalf of a public official or a public employee, and no public official or public employee may solicit or receive a gift from a lobbyist except as provided for under Section 8-14-1020(3).

Section 8-14-1010.     (A) No public official or public employee may use his official position or office to obtain financial gain for himself.

(B)     No public official or public employee may participate directly or indirectly in a procurement when he has knowledge or notice that:

(1)     he or any business with which he is associated has a financial interest pertaining to the procurement;

(2)     any other person, business, or organization with whom he or a member of his immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement.

(C)     Where a public official or public employee or any member of his immediate family holds a financial interest in a blind trust, he is not considered to have a conflict of interest with regard to matters pertaining to that financial interest, provided that disclosure of the existence of the blind trust has been made to the appropriate supervisory office.

(D)     The prohibition in this section does not extend to the incidental use of public materials, personnel, or equipment, subject to or available for a public official's use, as long as the activity does not detract from the performance of an employee's official duties, and does not result in any additional public expense.

Section 8-14-1020. In addition to the requirements of Section 8-14-780:

(1)     A public official or public employee receiving, accepting, taking, seeking, or soliciting, directly or indirectly, anything valued at twenty-five dollars or more, including employment or the promise of future employment, must report on their statement of economic interests pursuant to Section 8-14-1830 the gift, gratuity, or favor from:

(a)     any person, if there is reason to believe the donor would not give the gift, gratuity, or favor but for the official's or employee's office or position;

(b)     any person, or from an officer or director of a person, if the public official or public employee has reason to believe the person:

(i)     has or is seeking to obtain contractual or other business or financial relationships with the official's or employee's agency;

(ii)     conducts operations or activities which are regulated by the official's or employee's agency;

(2)     Nothing in this section requires a public official or public employee to report a gift from a parent, grandparent, or relative to a child, grandchild, or other immediate family member for love and affection.

(3)     A public official or public employee is not required to report a memento of an occasion or award in the form of a plaque, certificate, or other award having value only to the recipient.

Section 8-14-1030. No person may offer or pay to a public official or public employee and no public official or employee may solicit or receive any money in addition to that received by the public official or public employee in his official capacity for advice or assistance given in the course of his employment as a public official or public employee.

Section 8-14-1040. No public official or public employee may use or disclose confidential information gained in the course of or by reason of his official position or activities in any way that would result in financial gain for himself or for any other person.

Section 8-14-1050. Unless otherwise provided by law, no person may serve as a member of a governmental regulatory agency that regulates any business with which that person is associated. An employee of the regulatory agency which regulates a business with which he is associated shall annually file a statement of economic interest notwithstanding the provisions of Section 8-14-1820. No person may be an employee of the regulatory agency which regulates a business with which he is associated if this relationship creates a continuing or frequent conflict between his private interests and the performance of his public duties or that would impede the full and faithful discharge of his public duties.

Section 8-14-1060.     No public official or employee may make, participate in making, or in any way attempt to use his official position to influence a governmental decision in which he, an immediate family member, or a business with which he is associated has a financial interest. Any public official or public employee who, in the discharge of his official duties, would be required to take action or make a decision which would cause direct financial benefit or detriment to himself, an immediate family member or an individual, business, or profession with which he associated, and the direct economic benefit is (i) of more than a de minimis nature, and (ii) is distinct from that of the general public or his affected profession or industry at large, shall instead take the following actions:

(1)     prepare a written statement describing the matter requiring action or decisions, and the nature of his potential conflict of interest with respect to the action or decision;

(2)     if the public official is a member of the General Assembly, he shall deliver a copy of the statement to the presiding officer. The presiding officer shall have the statement printed in the journal and shall require that the member of the General Assembly be excused from votes, deliberations, and other action on the matter on which a potential conflict exists.

(3)     if he is a public employee, he shall furnish a copy to his superior, if any, who shall assign the matter to another employee who does not have a potential conflict of interest. If he has no immediate superior, he shall take such action as prescribed by the State Ethics Commission.

(4)     if he is a public official, other than a member of the General Assembly, he shall furnish a copy to the presiding officer and to the members of the governing body of any agency, commission, board, or of any county, municipality, or other political subdivision on which he serves, who shall cause the statement to be printed in the minutes and require that the member be excused from any votes, deliberations, and other actions on the matter on which the potential conflict of interest exists, and shall cause the disqualification and the reasons for it to be noted in the minutes.

Section 8-14-1070. No public official or public employee may appear before the South Carolina Public Service Commission, or the South Carolina Insurance Commission in rate or price fixing matters. This prohibition applies to partners or associates in the law firm of a member of the General Assembly. Whenever it is required by law for a member of the General Assembly to appear because of his business interest as an owner or officer of the business or in his official capacity as a member of the General Assembly, the provisions of this section do not apply.

Section 8-14-1080. No public official or public employee may advocate or cause the employment, appointment, promotion, transfer, or advancement of an immediate family member to a state or local office or position in which the official or employee serves, supervises, or manages.

Section 8-14-1090. No person may offer or give to a public official or public employee of a governmental regulatory agency or department that regulates a business with which the person is associated, and no public official or public employee of the agency or department may solicit or accept from that person, anything of value, or a favor or service, while the public official or public employee is associated with the regulatory agency or department. No former public official or public employee of the agency or department may serve as a lobbyist or represent clients before the agency or department in matters in which he was directly or substantially involved while employed with the agency or department.

Section 8-14-1100. No person may use government personnel, equipment, materials, or an office building in an election campaign. A government, however, may rent or provide public facilities for political meetings and other campaign-related purposes if they are available on similar terms to all candidates and committees. This section does not prohibit government personnel, where not otherwise prohibited, from participating in election campaigns on their own time and on nongovernment premises.

Section 8-14-1110.     (A)     The legislative members of the state boards and commissions listed below are deleted in the following code sections:

(1)     South Carolina Research Authority, Section 13-17-10 et seq.;

(2)     Board of Visitors of The Citadel, Sec. 59-121-10 et seq.;

(3) Educational Television Commission, Sec. 59-7-10 et seq.;

(4) Francis Marion College Board, Sec. 59-133-10 et seq.;

(5) Higher Education Tuition Grants Commission, Sec. 59-113-10 et seq.;

(6) Lander College Board, Sec. 59-135-10 et seq.;

(7) Medical University of South Carolina Board, Sec. 59-123-10 et seq.;

(8) South Carolina State College Board, Sec. 59-127-10 et seq.;

(9) University of South Carolina Board, Sec. 59-117-10 et seq.;

(10) Winthrop College Board, Sec. 59-125-10 et seq.;

(11) Commission on Aging, Sec. 43-21-10 et seq.;

(12) State Housing Finance and Development Authority, Sec. 31-3-110 et seq.;

(13) State Human Affairs Commission, Sec. 1-13-10 et seq.;

(14) Criminal Justice Hall of Fame, Sec. 23-25-10 et seq.;

(15) Department of Agriculture, Sec. 46-39-10 et seq.;

(16) Coastal Council, Sec. 48-39-10 et seq.;

(17) Forestry Commission, Sec. 48-23-10 et seq.;

(18) Jobs- Economic Development Authority, Sec. 41-43-10 et seq.;

(19) Old Exchange Building Commission, Sec. 51-19-10 et seq.;

(20) Migratory Waterfowl Committee, Sec. 50-11-20 et seq.;

(21) Water Resources Commission, Sec. 49-3-10 et seq.;

(22) Wildlife and Marine Resources Department, Sec. 50-3-10 et seq.;

(23) Department of Consumer Affairs, Sec. 37-1-101 et seq.

(24) Liquefied Petroleum Gas Board, Sec. 39-43-20 et seq.;

(25) State Board of Pyrotechnic Safety, Sec. 40-56-10 et seq.;

(26) Aeronautics Commission, Sec. 55-5-30 et seq.;

(27) Department of Highways and Public Transportation, Sec. 56-1-10 et seq.;

(28) Judicial Council, Sec. 14-27-10 et seq.;

(29) Commission on Appellate Defense, Sec. 17-4-10 et seq.;

(30) Sentencing Guidelines Commission, Sec. 24-26-10 et seq.;

(31) Procurement Review Panel, Sec. 11-35-4410 et seq.;

(32) Basic Skills Advisory Commission, Sec. 59-30-10 et seq.;

(33) Council on the Holocaust, Sec. 1-29-10 et seq.;

(34) Public/Private Child Care Council, Sec. 20-7-5810 et seq.;

(35) Council on Maternal, Infant and Child Health, Sec. 20-7-5410 et seq.;

(36) Continuum of Care for Emotionally Disturbed Children, Sec. 20-7-5620 et seq.;

(37) Education Council, Sec. 59-11-20 et seq.;

(38) State Advisory Council on Erosion and Sediment Reduction, sec. 48-18-10 et seq.;

(39) Interagency Council on Public Transportation, Sec. 57-3-1020 et seq.;

(40) Mining Council, Sec. 48-21-20 et seq.;

(41) Tobacco Advisory Commission, Sec. 46-32-10 et seq.;

(42) Heritage Trust Advisory Board, Sec. 51-17-10 et seq.;

(43) Voluntary Apprenticeship Council, Sec. 41-21-20 et seq.;

(44) Long Term Care Council, Sec. 43-21-130 et seq.;

(45) Business-Education Partnership for Excellence in Education, Sec. 59-6-15 et seq.;

(46) Clemson University Board, Sec. 46-7-10 et seq.;

(47) Interagency Coordinating Council for Infants and Toddlers with Handicapping Conditions, Sec. 44-7-2510 et seq.;

(48) Water Resources Coordinating Council, sec. 11-37-200 et seq.;

(49) Guardian ad Litem Program Advisory Board, Sec. 20-7-128 et seq.;

(50) Land Resources Conservation Commission, Sec. 48-9-230 et seq. and Sec. 2-71-10 et sec.

(51) Board of Trustees of Special School of Science and Mathematics, Sec. 59-48-10 et seq.; and

(52) Board of Trustees of College of Charleston, Sec 59-130-10 et seq.

(B) The provisions of this section do not apply to the State Budget and Control Board, the Advisory Commission on Intergovernmental Relations, Legislative Audit Council, Legislative Council, Legislative Information Systems, the Reorganization Commission, or a joint legislative committee.

Section 8-14-1115.     A person who is running for an office elected by the General Assembly must file an expense report with the State Ethics Commission of money in excess of one hundred dollars spent by him or in his behalf in seeking the office. The report must include the period beginning with the time he first announces his intent to seek the office. The report shall not include travel expenses or room and board while campaigning. Contributions made to members of the General Assembly during the period from announcement of intent to election date must be included. The report must be updated quarterly with the final report filed thirty days after the election. Persons soliciting votes on behalf of candidates must submit expenses in excess of one hundred dollars to the candidate which must be included on the candidate's report. Provided, however this section does not apply to elections to judicial offices by the General Assembly.

Section 8-14-1120. A public official or public employee must not have an interest in a contract with the State or its political subdivisions if the public official or public employee is authorized to perform an official function relating to the contract. Official function means writing or preparing the contract specifications, acceptance of bids, award of the contract, or other action on the preparation or award of such contract. This section is not intended to infringe on or prohibit public employment contracts with this State or a political subdivision of this State.

SECTION 8-14-1130. At least once during each General Assembly, the Speaker of the House and the President of the Senate, without prior announcement, shall order a drug test for randomly-selected members of their respective chamber.

(1)     The Speaker of the House shall choose members for testing by placing the district numbers in five groups of opaque capsules as follows:

Group 1                     Districts 1 through 24

Group 2                     Districts 25 through 49

Group 3                     Districts 50 through 74

Group 4                     Districts 75 through 100

Group 5                     Districts 101 through 124.
From each group, the Clerk of the House shall draw two capsules. Those members representing the districts selected must be tested at the time and place ordered by the Speaker of the House when he announces the test. Expenses of the testing must be paid from approved accounts. Any member testing positive for illegal drugs may, at his request, be retested. The names of members who test positive for illegal drugs after retesting, or who test positive and who do not request a retesting, must be reported to the Clerk of the House, who shall forward the results to the House Ethics Committee. Test results are confidential and may not be disclosed except as provided by rules and laws applicable in matters before the House Ethics Committee. However, in the appropriate case the House Ethics Committee shall notify the proper authorities.

(2)     The President of the Senate shall choose members for testing by placing the district numbers in two equal groups of opaque capsules as follows:

(a)     Group 1     Districts 1 through 23

(b)     Group 2     Districts 24 through 46.
From each group, the Clerk of the Senate shall draw two capsules. Those members representing the districts selected must be tested at the time and place ordered by the President of the Senate when he announces the test. Expenses of the testing must be paid from approved accounts. Any member testing positive for illegal drugs may, at his request, be retested. The names of members who test positive for illegal drugs after retesting, or who test positive and who do not request a retesting, must be reported to the Clerk of the Senate, who shall forward the results to the Senate Ethics Committee. Test results are confidential and may not be disclosed except as provided by rules and laws applicable in matters before the Senate Ethics Committee. However, in the appropriate case the Senate Ethics Committee shall notify the proper authorities.

Section 8-14-1140.     No person convicted of distributing any controlled substance to a public official or employee in violation of Chapter 53 of Title 44 to influence the vote or official action of the public official or public employee may register as a lobbyist. Any registered lobbyist who violates this provision must be suspended immediately.

Section 8-14-1150.     No lobbyist who has paid money to an individual which payment has become the subject of an indictment pursuant to Operation Lost Trust may register as a lobbyist.

Section 8-14-1310. No candidate or anyone acting on the behalf of a candidate may solicit or accept:

(1)     cash contributions from any person in excess of one hundred dollars for an election;

(2)     a contribution from a registered lobbyist if that lobbyist engages in lobbying the public official or public body for which the candidate is seeking election;

(3)     a contribution for an election which exceeds two thousand dollars from an individual or five thousand dollars from an association, corporation, partnership, union, or committee except for a party committee otherwise provided for in Section 8-14-1320.

Section 8-14-1320. (A) A candidate may not accept or receive cash, services, in-kind, and other contributions from a political party through its party committees or legislative caucus committees which total in the aggregate of more than:

(1)     one hundred thousand dollars for an election for a statewide constitutional office;

(2)     twenty-five thousand dollars for an election for the state Senate, state House of Representatives, a multi-county, county, or municipal office.

(B)     Party expenditures for get-out-the-vote campaigns or multi-candidate promotions may not be included in the contribution limits under subsection (A).

Section 8-14-1330. Contributions by spouses are considered separate contributions and not aggregated. Contributions by unemancipated children under eighteen years of age are considered contributions by their parents. Fifty percent of the contributions are attributed to each parent, or in the case of a single custodial parent, the total amount is attributed to the custodial parent.

Section 8-14-1340.     (A) No candidate, committee, or political party may use campaign funds to defray personal living expenses for the candidate or the candidate's immediate family which are unrelated to the campaign or the office if the candidate is an officeholder. The prohibition of this subsection does not extend to the incidental personal use of campaign materials or equipment.

(B)     The payment of reasonable and necessary travel expenses for or food or beverages consumed by the candidate or members of the candidate's immediate family while at and in connection with a political or official event are permitted.

(C)     An expenditure of more than twenty-five dollars must be made by written instrument drawn upon the campaign account containing the name of the candidate and the name of the recipient. Expenditures of twenty-five dollars or less that are not made by a written instrument containing the name of the candidate and the name of the recipient must be accounted for by a written receipt or written record.

(D)     No expenditure may be made, other than for overhead or normal operating expenses, by a person on behalf of or for the benefit of a candidate unless the expenditure is reported by the candidate as if the expenditure were made directly by the candidate. A person making an expenditure on behalf of or for the benefit of a candidate must make all information required to be reported available to the candidate. No expenditure may be made that is clearly in excess of the fair market value of services, materials, facilities, or other things of value received in exchange.

(E)     A candidate or campaign treasurer may not withdraw more than one hundred dollars from the campaign account to establish or replenish a petty cash fund for the candidate at any time, and at no time may the fund exceed one hundred dollars. Expenditures from the petty cash fund may be made only for office supplies, food, transportation expenses, and other necessities and may not exceed twenty-five dollars.

Section 8-14-1350. No public official acting in an official capacity may receive a monetary honorarium for speaking before a public or private group. Reimbursement may be received for actual expenses incurred as long as the expenses were reasonable and were incurred in a reasonable time and manner in which to accomplish the purpose of the engagement.

Section 8-14-1360.     No public official or public employee may accept or solicit campaign contributions on behalf of himself or another candidate on the State Capitol grounds, including the office complexes located on them, except contributions delivered by mail.

Section 8-14-1370. A person may not make to a candidate and a candidate may not accept an anonymous contribution except for ticketed events where the value of the ticket is twenty-five dollars or less. The recipient of an anonymous contribution may not keep the contribution but within seven days shall remit the contribution to the State Treasurer for deposit in the general fund of the State.

Section 8-14-1510.     (A) Certified campaign reports must be filed detailing campaign contributions and expenditures containing the following information:

(1)     the total of contributions accepted by the candidate;

(2)     the full name and address of each person making a contribution of more than one hundred dollars and the date of receipt of each contribution;

(3)     the total expenditures made by or on behalf of the candidate;

(4)     the full name and address of each person to whom an expenditure is made from campaign funds, including the date, amount, purpose, and beneficiary of the expenditure.

(B)     Upon the receipt of campaign funds totaling, in an accumulated aggregate, five hundred dollars or more, a candidate or potential candidate for any office, any committee working on behalf of a candidate, any duly organized group or political party receiving or soliciting funds for the support of a political candidate, and must file an initial certified campaign report within ten days of the end of the current calendar quarter.

(C)     Following the filing of an initial certified campaign report, certified campaign reports must be filed within ten days following the end of each calendar quarter in which funds are received or expended, whether before or after an election.

(D)     At least fifteen days before an election, a certified campaign report must be filed showing contributions of more than one hundred dollars and expenditures to or by the candidate for the period ending twenty days before the election and must maintain a current list of all contributions of more than one hundred dollars during the twenty day period before the election, which must be open to public inspection upon request. In the event of a runoff election, candidates are not required to file another campaign report in addition to the reports already required under this section. However, a candidate's records must remain open to public inspection upon request between the election and the runoff.

(E)     (1) All persons required to file certified reports under this section must file those reports at the office of the State Ethics Commission except that candidates or potential candidates for the General Assembly must file certified reports at the office of the Chairman of the Senate Ethics Committee, or the Chairman of the House of Representatives Ethics Committee, as is appropriate.

(2)     The Senate Ethics Committee and the House of Representatives Ethics Committee must forward a copy of each statement filed with it to the State Ethics Commission within two business days of receipt.

(3)     A copy of all campaign disclosure forms received by the State Ethics Commission must be forwarded to the clerk of court in the county of residence of the filing official or employee.

Section 8-14-1520. Any noncandidate committee, including an out-of-state committee, which expends more than five hundred dollars in a year shall file a statement of organization with the State Ethics Commission no later than five days after making the contribution or expenditure to a public official.

Section 8-14-1530. (A) The statement of organization of a noncandidate committee must include:

(1)     the full name of the committee;

(2)     the complete mailing address and telephone number of the committee;

(3)     the date the committee was organized;

(4)     the area, scope, or jurisdiction of the committee;

(5)     an indication as to whether the committee is a noncandidate committee;

(6)     the name and mailing address of a corporation or an organization that sponsors the committee or is affiliated with the committee. If the committee is not sponsored by or affiliated with a corporation or an organization, the committee shall specify the trade, profession, or primary interest of contributors to the committee;

(7)     the full name, mailing address, telephone number, occupation, and principal place of business of the chairman and treasurer;

(8)     the full name, mailing address, telephone number, occupation, and principal place of business of the custodian of the books and accounts if other than the designated officers;

(9)     the full name and address of the depository in which the committee maintains its campaign account and the number of the account;

(10)     a certification of the statement by the chairman and the treasurer.

(B)     The name of the committee designated on the statement of organization must incorporate the full name of the sponsoring entity, if any. An acronym or abbreviation may be used in other communications if the acronym or abbreviation is known commonly or clearly recognized by the general public.

(C)     The chairman shall notify the State Ethics Commission in writing of a change in information previously reported in a statement of organization no later than ten business days after the change.

Section 8-14-1540. (A)     A candidate shall maintain and preserve an account of:

(1)     the total of contributions accepted by the candidate;

(2)     the full name and address of each person making a contribution and the date of receipt of each contribution;

(3)     the total of expenditures made by or on behalf of the candidate;         (4)     the full name and mailing address of each person to whom an expenditure is made including the date, amount, purpose, and beneficiary of the expenditure;

(5)     all receipted bills, canceled checks, or other proof of payment for each expenditure.

(B)     The candidate or campaign treasurer must maintain and preserve all receipted bills and accounts required by this chapter for four years.

Section 8-14-1550. A public official or candidate shall establish not more than one campaign checking account and one campaign savings account per office sought unless provisions under federal or state law require additional accounts. For purposes of this chapter, certificates of deposit or other interest bearing instruments are not considered separate accounts. The accounts must be established in a financial institution that conducts business within the State and in an office located within the State that conducts business with the general public. The candidate or campaign treasurer shall maintain the accounts in the name of the candidate. Acronyms may not be used. Except as otherwise provided under Section 8-14-1340(c), expenses paid on behalf of a candidate must be drawn from the campaign account and issued on a check signed by the candidate, or campaign treasurer. All contributions received by the candidate or campaign treasurer, directly or indirectly, must be deposited by the candidate or treasurer within ten days after receipt in the campaign account. All contributions received by an agent of a candidate must be forwarded to the candidate or treasurer not later than five days after receipt. A contribution may not be deposited until the candidate receives information regarding the full name and address of the contributor.

Section 8-14-1560.     (A) The State Ethics Commission must develop a contribution and expenditure reporting form which must include:

(1)     designation as preelection or quarterly, report and, if a preelection report, the election date;

(2)     the candidate's name and address or, in the case of a committee, the name and address of the committee treasurer;

(3)     the balance of campaign accounts on hand at the beginning and at the close of the reporting period and the location of those campaign accounts;

(4)     the total amount of all contributions received during the reporting period; the total amount of contributions of one hundred dollars or less in the aggregate from one source received during the reporting period; the name, address, of each person contributing more than one hundred dollars in the aggregate during the reporting period, the date and amount of the contribution, and the year to date total for each contributor. Written promises or pledges to make a contribution must be reported separately in the same manner as other monetary contributions;

(5)     the total amount of all loans received during the reporting period and the total amount of loans for the year to date. Additionally, the report must include the date and amount of each loan from one source during the reporting period and the name and address of each lender or endorser of each loan, the year to date total of each lender or endorser, the terms of the loan, including the interest rate, repayment terms, loan payments, and existing balances;

(6)     the date and amount of any in-kind contributions of more than one hundred dollars in the aggregate by one person during the reporting period, and the purchaser's name, address, and that purchaser's year-to-date total;

(7)     the total amount of all refunds, rebates, interest, and other receipts not previously identified during the reporting period, and their year-to-date total; the total amount of other receipts received of one hundred dollars or less in the aggregate from one source during the reporting period; the date and amount of each refund, rebate, interest, or other receipt not previously identified of more than one hundred dollars in the aggregate from one source, the name and address and the year-to-date total for each source;

(8)     the aggregate total of all contributions, loans, and other receipts during the reporting period and the year-to-date total; the amount, date and a brief description of each expenditure made during the reporting period, the name and address of the entity to which the expenditure was made, and the year-to-date total of expenditures to that entity. Credit card expenses and candidate reimbursements must be itemized so that the purpose and recipient of the expenditure are identified;

(9)     the total amount of all loans made during the reporting period and the year-to-date total; additionally, the report must include the date and amount of each loan to one entity during the reporting period and the name and address of each recipient of the loan; the terms of the loan, including the interest rate, repayment terms, purpose of the loan, the year-to-date total, and existing balances.

(B)     A public official or candidate must disclose all information required on the form developed under this section.

Section 8-14-1570.     (A) If a candidate has not accepted any contributions and has not made any expenditures during a reporting period, the candidate or campaign treasurer must file a statement of inactivity.

(B)     A statement of inactivity must include the candidate's name and address; the type of report, preelection, or quarterly, and a statement by the candidate or campaign treasurer verifying that no contributions were received and no expenditures were made during the reporting period. For the purpose of this report, interest earned is not a contribution.

Section 8-14-1580. The State Ethics Commission must send a notice of obligation to report and reporting forms by first class mail no less than thirty days before the filing date for each reporting period. A candidate is not relieved of its reporting responsibilities if the notice or forms are not sent or if the candidate does not receive a notice or form.

Section 8-14-1590. Certified campaign reports must be filed on a format specified by the State Ethics Commission. The reports filed must be typed or printed in ink on forms supplied by the commission. A report may be filed with the commission on a computerized printout if the commission approves the proposed format and style.

Section 8-14-1600.     (A) A candidate is not exempt from the campaign filing requirements as provided in this chapter until after a primary election or convention in which the candidate is defeated, or after the general election in which the candidate is a candidate on the ballot or seeking election as a qualified write-in candidate and after no longer accepting contributions or incurring expenditures.

(B)     Noncandidate committees may dissolve only after no longer accepting contributions or incurring expenditures.

(C)     If a committee owes or is owed money, the committee may dissolve but must report the status of the debt annually on the same schedule as active committees until all debts are resolved. The method of resolution, including contributions and expenditures to eliminate these debts, must be stated.

(D)     A final report may be filed at the time, or before a scheduled filing is due. The form must be marked 'final' and include a list of the material assets worth one hundred dollars or more and state their disposition.

Section 8-14-1610. All campaign reports must be made available for public inspection at the office of the State Ethics Commission or the clerk of court no later than two business days after the filing deadline. The commission or county clerk of court may not require any information or identification as a condition of viewing a report or reports. The commission or the county clerk of court shall insure that the reports are available for copying or purchase at a reasonable cost, which may not exceed fifteen cents a page.

Section 8-14-1620.     (A) Contributions received by a candidate that are in excess of expenditures may be used by the candidate:

(1)     to defray ordinary and necessary expenses incurred in connection with his duties in his public office;

(2)     may be contributed to an organization exempt from tax under Section 501(c)(3) of the Internal Revenue Code of 1986, a political party, or another candidate's designated campaign committee;         (3)     may be transferred to another campaign for that candidate. No candidate may expend any contributions for personal use;

(4)     may be returned pro rata to all contributors;

(5)     may be contributed to the state's general fund; or

(6)     may be distributed using a combination of these options.

(B)     Noncandidate committees, with an unexpended balance of funds not otherwise obligated for expenditures incurred to further the committee's purposes, must designate how the surplus funds are to be distributed. The surplus funds must:

(1)     be contributed to the state's general fund;

(2)     be returned pro rata to all contributors;

(3)     be donated to a political party or to another noncandidate committee;

(4)     be contributed to an organization exempt from tax under Section 501(c)(3) of the Internal Revenue Code of 1986; or

(5)     be distributed using a combination of these options.

Section 8-14-1630. A candidate, political party, committee, or another person or entity that pays for the production, distribution, or posting of campaign literature or other printed material related to an election shall place his or its name and address on the printed matter. Campaign buttons, balloons, or similar items are exempt from this requirement.

Section 8-14-1640. Campaign reporting errors or omissions that are brought to the attention of the State Ethics Commission either through a complaint or through knowledge of the State Ethics Commission, that the commission determines to be inadvertent and unintentional and not an effort to violate a requirement of this chapter, must be handled as technical violations and are not subject to the provisions of this chapter pertaining to ethical violations. Technical violations must remain confidential unless requested to be made public by the candidate filing the report. In lieu of all other penalties, the State Ethics Commission may assess a technical violations penalty not to exceed fifty dollars.

Section 8-14-1810. No member of the General Assembly, or elected public official, regardless of compensation, and no public employee or appointed official as designated below, regardless of compensation, may take the oath of office or enter upon his duties of employment unless he has filed a statement of economic interests in accordance with the provisions of this chapter.

Section 8-14-1820. The following individuals shall file a statement of economic interest regardless of compensation:

(1)     a member of the General Assembly;

(2)     candidates filing for the General Assembly;

(3)     a statewide public official or a candidate filing for the office;

(4)     an elected or appointed member of a state board, commission, or agency not considered advisory in nature;

(5)     candidates filing for an office elected by the General Assembly;

(6)     a person appointed to fill the unexpired term of an elective office;

(7)     the chief administrative official or employee and the deputy or assistant administrative official or employee or director of a division, institution, or facility of an agency or department of state government;

(8)     the city administrator, city manager, or chief municipal administrative official or employee, by whatever title;

(9)     the county manager, county administrator, county supervisor, or chief county administrative official or employee, by whatever title;

(10)     the chief administrative official or employee of each political subdivision including, but not limited to, school districts, libraries, regional planning councils, airport commissions, hospitals, community action agencies, water and sewer districts and development commissions;

(11)     all school district and county superintendents of education as well as school district board members and county board of education members;

(12)     the chief finance official or employee and the chief purchasing official or employee of each agency, institution, or facility of state, county, municipal government, or other political subdivisions including, but not limited to, those named in item (9) of this section.

Section 8-14-1830.         (A) Each person filing a statement of economic interest pursuant to Section 8-14-1820 shall include a full and complete statement containing:

(1)     name, business or government address, and workplace telephone number;

(2)     a brief description of all real estate in which a person or his immediate family has any interest, direct or indirect, including options to buy, if such interest can reasonably be expected to be a conflict of interest with his public position;

(3)     the nature, source, and amount of all fees, compensation, and benefits of any nature received directly from the State or any administrative agency or department thereof, or directly from the county, district, or political subdivision he represents or any subdivision of it;

(4)     source, type, and amount of earned income received during the preceding calendar year from a lobbyist or lobbyist principal, including expenditures initiated or made by a lobbyist or lobbyist principal of more than twenty-five dollars in one day and more than one hundred fifty dollars in the aggregate during the preceding calendar year;

(5)     the source and a brief description of any gifts, including transportation, lodging, food, or entertainment, valued at twenty-five dollars or more from:

(a)     a person, if there is reason to believe the donor would not give the gift, gratuity, or favor but for the official's or employee's office or position;

(b)     any person, or from an officer or director of a person, if the public official or public employee has reason to believe the person:

(i)     has or is seeking to obtain contractual or other business or financial relationship with the official's or employee's agency; or

(ii)     conducts operations or activities which are regulated by the official's or employee's agency;

(6)     the amount of income, including consultant fees, commissions, or legal fees, paid to the public official or an employee, partner, or associate of the public official's firm, partnership, or business enterprise for each case for which representation was provided before any government agency, board, commission, or council, as well as the docket number and the date of receipt of compensation.

(B)     This section does not apply to campaign contributions reported under Section 8-14-1510.

Section 8-14-1840. Each person who is required to file a statement of economic interests under this chapter shall file an updated statement at the office where the statements are required to be filed annually, no later than April fifteenth of each calendar year, listing any addition, deletion or change in his financial status with respect to which information is required to be supplied under this chapter. If the person has filed the description by name, amount, and schedule of payments of a continuing arrangement relating to an item required to be reported under this chapter an updated statement need not be filed for each payment under the continuing arrangement, but only if the arrangement is terminated or altered.

Section 8-14-1850. In addition to the requirements of Section 8-14-1840:

(1)     in the case of an individual nominated to be a public official, that individual must file a statement of economic interests no later than thirty days after the nomination;

(2)     in the case of a candidate to become a public official, the candidate must file a statement of economic interests at the time of filing for the public office;

(3)     in the case of a public employee required to file under Section 8-14-1820 employed after January first, the public employee must file a statement of economic interests the latter of April fifteenth or thirty days after employment.

Section 8-14-1860.     (A) In accordance with Section 8-14-1520, individuals required to file statements of economic interests must file as follows:

(1)     Members of the General Assembly must file statements of economic interests in accordance with the provisions of this chapter at the office of the Chairman of the Senate Ethics Committee, or the Chairman of the House of Representatives Ethics Committee, as is appropriate. The Senate Ethics Committee and the House of Representatives Ethics Committee must forward a copy of each statement filed with it to the State Ethics Commission within two business days of receipt.

(2)     All other individuals required to file a statement of economic interests in accordance with the provisions of this chapter must file the statement at the State Ethics Commission.     (B)     A copy of all statements of economic interests received by the State Ethics Commission must be forwarded to the clerk of court in the county of residence of the filing official or employee.

Section     8-14-1870.     Errors or omissions on statements of economic interests that are brought to the attention of the State Ethics Commission either through a complaint or through knowledge of the State Ethics Commission, the commission determines to be inadvertent and unintentional and not an effort to violate a requirement of this chapter, must be handled as technical violations and are not subject to the provisions of this chapter pertaining to ethical violations. In lieu of all other penalties, the State Ethics Commission may assess a technical violations penalty not to exceed fifty dollars. Technical violations must remain confidential unless requested to be made public by the public official or employee filing the statement.

Section 8-14-2010.     (A) A person may not, directly or indirectly, give, offer, or promise anything of value, including employment or future employment, to a public official or public employee with the intent to:

(1)     influence an official act;

(2)     influence a public official or public employee to commit, aid in committing, collude in, or allow fraud on the State, a county, municipality, or other political subdivision of the State; or

(3)     induce a public official or public employee to perform or fail to perform an act in violation of the public official's or public employee's lawful duty.

(B)     A public official or employee may not, directly or indirectly, ask, demand, exact, solicit, seek, accept, assign, receive, or agree to receive anything of value, including employment or future employment, for himself or for another person or entity, in return for being:

(1)     influenced in the performance of an official act;

(2)     influenced to commit, aid in committing, collude in, allow fraud, or make an opportunity for the commission of fraud on the State, a county, municipality, or other political subdivision of the State; or

(3)     induced to perform or fail to perform an act in violation of the public official's or public employee's official duty.

(C)     A person may not, directly or indirectly, give, offer, or promise to give anything of value, including employment or future employment, to another person, with intent to influence testimony under oath or affirmation in a trial or other proceeding before:

(1)     a court;

(2)     a committee of either house or both houses of the General Assembly; or

(3)     an agency, commission, or officer authorized to hear evidence or take testimony, or with intent to influence a witness to fail to appear.

(D)     A person may not, directly or indirectly, ask, demand, exact, solicit, seek, accept, assign, receive, or agree to receive anything of value, including employment or future employment, in return for influencing testimony under oath or affirmation in a trial or other proceeding before:

(1)     a court;

(2)     a committee of either house or both houses of the General Assembly; or

(3)     an agency, commission, or officer authorized to hear evidence or take testimony, or with intent to influence a witness to fail to appear.

(E)     Subsections (C) and (D) of this section do not prohibit the payment or receipt of witness fees provided by law or the payment by the party on whose behalf a witness is called and receipt by a witness of the reasonable costs of travel and subsistence at trial, hearing, or proceeding, or, in the case of an expert witness, of the reasonable fee for time spent in the preparation of the opinion, and in appearing or testifying.

(F)     A person who violates this section, upon conviction, is guilty of a felony and must forfeit his office, is forever disqualified to hold a public office, trust, or appointment under the laws of this State and must be punished by imprisonment for not more than ten years and a fine of not more than ten thousand dollars.

(G)     The provisions of this section do not apply to political contributions unless the contributions are conditioned upon the performance of specific actions of the person accepting the contributions nor do they prohibit a parent, grandparent, or other close relative from making a gift to a child, grandchild, or other close relative for love and affection except as otherwise provided.

Section 8-14-2020. Except as otherwise specifically provided for in this chapter, a person required to file a report or statement under this chapter who files a late statement or report or fails to file a required statement or report must be assessed a civil penalty as follows:

(1)     a fine of one hundred dollars if not filed within five days after the established deadline provided by law in this chapter;

(2)     after notice has been given by certified or registered mail that a required statement or report has not been filed, a fine of ten dollars a day for each additional calendar day in which the required statement is not filed, not to exceed five hundred dollars.

Section 8-14-2030. Except as otherwise specifically provided for in this chapter, any person who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or be imprisoned for not more than one year or both. A violation of this chapter does not necessarily subject a public official to the provisions of Section 8-14-550."

SECTION     2.     The felony offenses provided in this act are added to the list of crimes classified as felonies in Section 16-1-10 of the 1976 Code.

SECTION     3.     Chapter 17 of Title 2 and Chapter 13 of Title 8 of the 1976 Code are repealed.

SECTION     4.     This act takes effect January 1, 1992, except the provisions of Section 8-14-1110 of the 1976 Code, added by the provisions of this act, take effect January 1, 1993./

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

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

Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:

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

Ordered for consideration tomorrow.

Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:

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

Ordered for consideration tomorrow.

Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:

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

Ordered for consideration tomorrow.

Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:

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

Ordered for consideration tomorrow.

Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

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

Ordered for consideration tomorrow.

Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:

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

Ordered for consideration tomorrow.

Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:

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

Ordered for consideration tomorrow.

Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

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

Ordered for consideration tomorrow.

Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, Rep. KLAPMAN, for the minority, submitted an unfavorable report, on:

S. 660 -- Senator Waddell: A BILL TO AMEND SECTIONS 9-1-1620, AS AMENDED, 9-9-70, AS AMENDED, AND 9-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT BENEFIT OPTIONS FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT A MEMBER ELECTING A NEW RETIREMENT OPTION AFTER THE DEATH OF A SPOUSE MUST MAKE THE ELECTION BEFORE THE LATER OF JULY 1, 1992, OR THE FIRST ANNIVERSARY OF THE DEATH OF THE SPOUSE AND TO PROVIDE THAT A NEW OPTION MAY BE ELECTED AFTER A CHANGE IN MARITAL STATUS; TO AMEND SECTION 9-8-70, RELATING TO THE RETIREMENT BENEFIT OPTION FOR MEMBERS OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO ALLOW MULTIPLE BENEFICIARIES; AND TO AMEND SECTION 9-11-25, RELATING TO THE AUTHORITY FOR ALLOWING PROBATE JUDGES TO PARTICIPATE IN THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO DELETE THE SEPARATE PAYMENT PROVISIONS.

Ordered for consideration tomorrow.

Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:

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

Ordered for consideration tomorrow.

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, Rep. Townsend, for the minority, submitted an unfavorable report, on:

H. 3314 -- Reps. Rama, Whipper, Keyserling, J. Bailey, Houck, Waites, Jaskwhich, Wilkes and Beatty: A BILL TO AMEND SECTION 59-63-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWING CORPORAL PUNISHMENT IN THE PUBLIC SCHOOLS OF THIS STATE, SO AS TO PROHIBIT CORPORAL PUNISHMENT, PROVIDE EXCEPTIONS, AND DEFINE "CORPORAL PUNISHMENT".

Ordered for consideration tomorrow.

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 3559 -- Reps. Wilder, Baxley, Manly, Corning, Waites, Wells, Wright, L. Martin, T.C. Alexander, Kempe, Farr, Hendricks and Marchbanks: A BILL TO AMEND SECTION 59-26-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION, SO AS TO INCLUDE THAT PROGRAM APPROVAL STANDARDS AND APPROVED PROGRAM OF COURSE REQUIREMENTS FOR ADDING CERTIFICATION FOR SPECIAL EDUCATION IN THE AREA OF VISION INSURE THAT STUDENTS DEMONSTRATE COMPETENCE IN THE BRAILLE SYSTEM; AND TO AMEND TITLE 59, RELATING TO EDUCATION, BY ADDING CHAPTER 34 SO AS TO ENACT THE BLIND PERSONS' LITERACY RIGHTS AND EDUCATION ACT.

Ordered for consideration tomorrow.

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:

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

Ordered for consideration tomorrow.

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:

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

Ordered for consideration tomorrow.

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:

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

Ordered for consideration tomorrow.

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

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

Ordered for consideration tomorrow.

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:

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

Ordered for consideration tomorrow.

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:

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

Ordered for consideration tomorrow.

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

H. 3539 -- Rep. Corning: A BILL TO AMEND ACT 466 OF 1988, RELATING TO THE LONG-TERM CARE INSURANCE ACT, APPROVAL OF REGULATIONS, TERMS, AND CONDITIONS APPLICABLE TO LONG-TERM CARE INSURANCE POLICY AND GROUP POLICY, AND ADVERTISING RESTRICTIONS, SO AS TO PROVIDE THAT NO INSURER IS REQUIRED TO OFFER NECESSARY CARE IN THE HOME OR COMMUNITY WITH DAILY BENEFITS AT THE SAME LEVEL THAT WOULD BE PAID FOR CARE IN A NURSING HOME OR COMMUNITY RESIDENTIAL CARE FACILITY UNDER CERTAIN CONDITIONS, REQUIRE THE INSURER TO OFFER THIS NECESSARY CARE IN THE HOME OR COMMUNITY FOR THE INSURED'S OPTION BY MEANS OF A RIDER, AND PROVIDE AN EXCEPTION FOR OFFERING THE RIDER; AND TO PROVIDE THAT THREE YEARS FOLLOWING THE EFFECTIVE DATE OF THIS ACT, AND TWO YEARS AFTER THAT, THE COMMISSION ON AGING, IN COOPERATION WITH THE JOINT LEGISLATIVE COMMITTEE ON AGING AND THE DEPARTMENT OF INSURANCE, SHALL EVALUATE THE EFFECTS OF THIS ACT AND REPORT TO THE GENERAL ASSEMBLY.

Ordered for consideration tomorrow.

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

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

Ordered for consideration tomorrow.

The following was introduced:

H. 3949 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE THE AWARD WINNING MOUNT PLEASANT HIGH SCHOOL CHORUS, OF MOUNT PLEASANT HIGH SCHOOL IN LEE COUNTY, ON BEING SELECTED TO PERFORM AT CARNEGIE HALL IN NEW YORK CITY AND AT THE CAROWINDS CHORAL FESTIVAL.

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

The following was introduced:

H. 3950 -- Reps. Keegan, M. Martin, Corbett, D. Elliott and Harvin: A HOUSE RESOLUTION TO ALLOW THE COASTAL CAROLINA "CHANTICLEERS" BASKETBALL TEAM, COACH RUSS BERGMAN, CHANCELLOR OF COASTAL CAROLINA, DR. RON EAGLIN, AND UNIVERSITY OF SOUTH CAROLINA PRESIDENT, DR. JOHN PALMS THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MAY 15, 1991, FOR THE PURPOSE OF RECOGNIZING THE "CHANTICLEERS" ON WINNING THE BIG SOUTH TOURNAMENT.

Be it resolved by the House of Representatives:

That the Coastal Carolina "Chanticleers" Basketball Team, Coach Russ Bergman, Chancellor of Coastal Carolina, Dr. Ron Eaglin, and University of South Carolina President, Dr. John Palms be given the privilege of the floor of the House of Representatives at a time to be determined by the Speaker on Wednesday, May 15, 1991, for the purpose of recognizing the "Chanticleers" on winning the Big South Tournament.

The Resolution was adopted.

The following was introduced:

H. 3951 -- Rep. L. Martin: A CONCURRENT RESOLUTION TO CONGRATULATE FIRST BAPTIST CHURCH OF PICKENS AND ITS CONGREGATION ON THE OBSERVANCE AND CELEBRATION OF ITS CENTENNIAL ANNIVERSARY.

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

The Senate sent to the House the following:

S. 919 -- Senator Moore: A CONCURRENT RESOLUTION TO CONGRATULATE JARRELL M. BROWN ON HIS FIFTIETH ANNIVERSARY AT COWDEN PLANTATION IN JACKSON, SOUTH CAROLINA.

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

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

H. 3952 -- Reps. Gonzales, Barber, Rama, Holt, Hallman, Fulmer, J. Bailey, Whipper, Inabinett, D. Martin and R. Young: A BILL TO PERMIT THE NORTH CHARLESTON DISTRICT TO CONTINUE TO ENTER INTO A FRANCHISE AGREEMENT WITH AN ELECTRIC UTILITY OR SUPPLIER.

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

H. 3953 -- Rep. Wilder: A BILL TO AMEND SECTION 43-33-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF THE BOARD OF THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., SO AS TO CHANGE THE COMPOSITION OF THE BOARD AND THE MANNER IN WHICH THEY ARE ELECTED.

Rule 5.12 was waived with unanimous consent.

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

S. 540 -- Senator Pope: A BILL TO AMEND SECTION 17-15-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING REQUIREMENTS FOR A SURETY COMPANY WITH RESPECT TO GUARANTEED ARREST BOND CERTIFICATES ISSUED BY AN AUTOMOBILE CLUB OR ASSOCIATION, SO AS TO INCREASE THE LIMIT OF THE COMPANY'S OBLIGATION FROM FIVE HUNDRED TO ONE THOUSAND FIVE HUNDRED DOLLARS.

Referred to Committee on Labor, Commerce and Industry.

S. 610 -- Senators Rose, McGill, Reese and Thomas: A BILL TO AMEND SECTION 44-53-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE OF PROPERTY OBTAINED THROUGH OR USED FOR TRANSACTIONS INVOLVING ILLEGAL CONTROLLED SUBSTANCES, SO AS TO PROVIDE FOR PUBLIC DISCLOSURE OF PROPERTY SEIZED AND TO PROHIBIT LAW ENFORCEMENT OFFICERS FROM USING FORFEITED PROPERTY FOR PERSONAL PURPOSES; AND TO AMEND SECTION 44-53-530, AS AMENDED, RELATING TO DISPOSITION OF PROCEEDS OF SALES, SO AS TO PROVIDE FOR DOCUMENTATION AND PUBLIC DISCLOSURE OF THE USE OF SEIZED PROPERTY.

Referred to Committee on Judiciary.

S. 912 -- Senator Saleeby: A BILL TO AMEND SECTION 38-33-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE HEALTH MAINTENANCE ORGANIZATION ACT, SO AS TO DELETE THE DEFINITION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO AMEND SECTION 38-33-40, RELATING TO APPLICATIONS FOR A CERTIFICATE OF AUTHORITY, SO AS TO DELETE THE REQUIREMENTS OF THE DEPARTMENT PERTAINING TO THE APPLICATIONS AND REVISE THE REQUIREMENTS FOR AN ORGANIZATION'S PROPOSED PLAN OF OPERATION; TO AMEND SECTION 38-33-90, RELATING TO ORGANIZATION REPORTS, SO AS TO DELETE THE REQUIREMENT OF A COPY OF THE REPORTS FOR THE DEPARTMENT; TO AMEND SECTION 38-33-110, RELATING TO THE COMPLAINT SYSTEM, SO AS TO DELETE THE PROVISION FOR CONSULTATION WITH THE DEPARTMENT; TO AMEND SECTION 38-33-170, RELATING TO EXAMINATIONS OF THE ORGANIZATIONS, SO AS TO CHANGE THE REFERENCE TO EXAMINATION BY THE DEPARTMENT TO COMMISSION AND DELETE THE REFERENCE TO EXAMINATION OF PROVIDERS WITH WHOM AN ORGANIZATION HAS CONTRACTS, AGREEMENTS, OR OTHER ARRANGEMENTS; TO AMEND SECTION 38-33-180, RELATING TO SUSPENSION OR REVOCATION OF CERTIFICATES OF AUTHORITY, SO AS TO DELETE THE PROVISION FOR DEPARTMENT CERTIFICATION THAT THE ORGANIZATION IS UNABLE TO FULFILL ITS OBLIGATIONS TO FURNISH HEALTH CARE SERVICES; AND TO AMEND SECTION 38-33-270, RELATING TO CONTRACTUAL POWERS TO FULFILL OBLIGATIONS UNDER THE ACT, SO AS TO CHANGE THE REFERENCE TO DEPARTMENT TO COMMISSIONER AND PROVIDE FOR EXPENSES ASSESSED AGAINST AN ORGANIZATION TO BE REMITTED TO THE COMMISSIONER.

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

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

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

I came in after the roll call and was present for the Session on Thursday, April 25.

James C. Johnson                  Thomas E. Huff
Joseph T. McElveen                Paul Short

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

Rep. HUFF signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, April 24.

Announcement was made that Dr. Fletcher C. Derrick of Charleston is the Doctor of the Day for the General Assembly.

Rep. FELDER presented the Calhoun Academy Boys Basketball Team, recognizing them as winners of the South Carolina Independent School Association Class AAA Championship, their coaches and other school officials.

Rep. KLAPMAN moved to adjourn debate upon the following Bill until Tuesday, April 30, which was adopted.

H. 3172 -- Reps. Wright, Felder, Koon, Derrick, Sturkie and Sharpe: A BILL TO PROVIDE THAT THE ELECTION OF ALL MEMBERS OF BOARDS OF TRUSTEES OF SCHOOL DISTRICTS IN LEXINGTON COUNTY MUST BE HELD IN NONPARTISAN ELECTIONS AT THE TIME OF THE GENERAL ELECTION, PROVIDE FOR THE METHOD OF NOMINATION OF CANDIDATES AND CONDUCT OF THE ELECTION, AND TO EXTEND THE TERMS OF THOSE PERSONS AFFECTED BY THESE PROVISIONS.

The following Bill was taken up.

H. 3276 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTION 12-21-2726, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF LICENSING OF COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT PROOF OF LICENSING IS THE CONSPICUOUS DISPLAY OF THE LICENSE AT THE MACHINE LOCATION; TO AMEND SECTION 12-21-2738, RELATING TO PENALTIES FOR VIOLATIONS OF LICENSING LAWS FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT FAILURE TO HAVE THE APPROPRIATE LICENSES ON DISPLAY CONSTITUTES A VIOLATION AND THAT EACH MACHINE IN EXCESS OF THE APPROPRIATE LICENSE DISPLAYED IS A SEPARATE VIOLATION; TO AMEND SECTION 12-21-2720, AS AMENDED, RELATING TO LICENSES FOR COIN OPERATED DEVICES OR MACHINES, SO AS TO PROVIDE THAT A MUNICIPALITY OR COUNTY MAY NOT LIMIT THE NUMBER OF MACHINES WITHIN ITS BOUNDARIES; TO AMEND SECTION 12-21-2746, RELATING TO THE LEVY OF AN ADDITIONAL LOCAL LICENSE TAX, SO AS TO SPECIFICALLY DESIGNATE PREMISES WHICH ARE SUBJECT TO THE TAX AND PROCEDURES FOR LICENSING; AND TO REPEAL SECTION 12-21-2732, RELATING TO THE ATTACHMENT OF LICENSES TO MACHINES, AND SECTION 16-19-60, RELATING TO THE PROVISIONS THAT SECTIONS 16-19-40 (UNLAWFUL GAMES AND BETTING) AND 16-19-50 (KEEPING UNLAWFUL GAMING TABLES) DO NOT EXTEND TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE AND TO THE PROVISION THAT SECTION 16-19-60 DOES NOT AUTHORIZE THE LICENSING, POSSESSION, OR OPERATION OF A MACHINE WHICH DISBURSES MONEY TO THE PLAYER.

Reps. McCAIN, RAMA, R. YOUNG, CORK, FULMER, CORNING, BURRISS, BENNETT, JENNINGS, SNOW and GONZALES objected to the Bill.

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

H. 3506 -- Reps. Bennett, McTeer and Wilder: A JOINT RESOLUTION TO PROHIBIT THE TAKING AND ATTEMPTS TO TAKE STRIPED BASS AND WHITE BASS HYBRIDS NEAR THE MOUTH OF THE SAVANNAH RIVER UPSTREAM TO NEW SAVANNAH BLUFF LOCK DAM IN SOUTH CAROLINA WATERS UNTIL JULY 1, 1996.

H. 3291 -- Rep. J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-2030 SO AS TO PROVIDE THAT LAND OWNED BY THE STATE WHICH WAS ACQUIRED WITH FEDERAL LAND WATER CONSERVATION FUNDS MAY BE USED FOR PUBLIC PURPOSES, AND TO PROVIDE EXCEPTIONS.

H. 3287 -- Reps. Wright, Rama and Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 TO CHAPTER 25, TITLE 50, SO AS TO REGULATE THE LAWFUL NOISE LEVEL AND THE EXHAUST SYSTEMS OF MOTORS USED TO PROPEL WATERCRAFT; AND TO REPEAL ARTICLE 11, CHAPTER 25, TITLE 50 RELATING TO MOTORBOATS ON LAKE WYLIE.

H. 3775 -- Rep. Bennett: A BILL TO AMEND SECTION 50-13-1116, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MARKING AND IDENTIFICATION OF NONGAME FISHING DEVICES, SO AS TO REVISE THE REQUIREMENTS FOR FLOATING MARKERS; TO AMEND SECTION 50-13-1135, RELATING TO COMMERCIAL AND NONCOMMERCIAL FISHING LICENSES FOR TAKING FRESHWATER NONGAME FISH WITH CERTAIN FISHING DEVICES, SO AS TO REVISE THE REQUIREMENTS FOR A TROTLINE; TO AMEND SECTION 50-13-1145, RELATING TO THE MAXIMUM NUMBER OF DEVICES FOR FRESHWATER FISHING, SO AS TO REVISE THE NUMBER OF TROTLINE HOOKS; TO AMEND SECTION 50-13-1150, RELATING TO APPLICATIONS AND FEES FOR RESIDENT AND NONRESIDENT COMMERCIAL FISHING LICENSES, SO AS TO INCREASE THE FEE FOR NONRESIDENTS FROM FIVE HUNDRED TO SEVEN HUNDRED FIFTY DOLLARS; TO AMEND SECTION 50-13-1155, AS AMENDED, RELATING TO TAGS AND PERMITS FOR CERTAIN NONGAME FISHING DEVICES, SO AS TO INCREASE THE PURCHASE PRICE FOR THE TAGS AND PERMITS FOR NONRESIDENTS TO FIFTY DOLLARS; TO AMEND SECTION 50-13-1180, RELATING TO TROTLINES, SO AS TO REQUIRE TROTLINE HOOKS USED IN LAKES MARION AND MOULTRIE TO HAVE A GAP AND PROHIBIT STAINLESS STEEL HOOKS; TO AMEND SECTION 50-13-1192, RELATING TO THE TYPE AND NUMBER OF NONGAME FISHING DEVICES USED IN FRESHWATER, SO AS TO REVISE THE REQUIREMENTS FOR TROTLINES; AND TO AMEND SECTION 50-13-1195, RELATING TO PENALTIES IN THE PROTECTION OF NONGAME FISH, SO AS TO AUTHORIZE THE FORFEITURE OF TAGS AND PERMITS AND PROVIDE FOR THE INELIGIBILITY FOR OTHER TAGS AND PERMITS UPON FORFEITURE.

H. 3446 -- Reps. Stoddard, Hallman, G. Bailey, Waldrop, D. Elliott, Short, Clyborne, Bennett, Harvin, Phillips, Wells, Farr, Foster, J.W. Johnson and Baker: A BILL TO AMEND SECTION 16-23-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN DEFINITIONS IN REGARD TO THE REGULATION OF FIREARMS, SO AS TO REVISE THE DEFINITION OF A "MILITARY FIREARM".

H. 3731 -- Rep. P. Harris: A BILL TO AMEND SECTION 39-43-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE LIQUEFIED PETROLEUM GAS BOARD, SO AS TO REVISE THE PUBLICATIONS CONTAINING STANDARDS TO BE USED IN REGULATIONS PROMULGATED BY THE BOARD.

H. 3765 -- Reps. Koon and Klapman: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY AND RECOMMEND TO THE BUDGET AND CONTROL BOARD A PROCESS TO TRAIN STATE PERSONNEL TO INSTALL, SERVICE, AND REPAIR ANY TYPE OR BRAND OF AUTOMATIC FIRE EXTINGUISHING SYSTEM USED BY THE STATE.

H. 3752 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATION FOR LICENSE OR PERMIT, SO AS TO DELETE THE REQUIREMENT OF WRITTEN VERIFICATION OF LIABILITY INSURANCE COVERAGE FOR RENEWAL.

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

S. 177 -- Senators Martschink and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-50 SO AS TO PROHIBIT THE USE OF A FACSIMILE MACHINE TO TRANSMIT UNSOLICITED ADVERTISING MATERIAL WHICH OFFERS TO SELL GOODS OR SERVICES.

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

H. 3807 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ARCHITECTURAL EXAMINERS, RELATING TO THE PRACTICE OF ARCHITECTURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1369, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3253 -- Reps. Rudnick, Waites, Cromer, Smith, Wilder, Kempe and Klapman: A BILL TO AMEND SECTION 7-7-990, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BARRIER-FREE POLLING PLACES FOR PHYSICALLY HANDICAPPED ELECTORS, SO AS TO PROVIDE THAT AN ELECTOR WHO IS PERMANENTLY HANDICAPPED IS NOT REQUIRED TO REREGISTER IN ORDER TO VOTE AT THE BARRIER-FREE POLLING PLACE.

H. 3438 -- Rep. Burch: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO PROVIDE THAT THE COURT SHALL DETERMINE IF A CHILD IS SELF-SUPPORTING FOR PURPOSES OF TERMINATING CHILD SUPPORT AND TO EXTEND CHILD SUPPORT UNTIL AGE NINETEEN IF THE CHILD IS IN HIGH SCHOOL AND MAKING SATISFACTORY PROGRESS AND TO REVISE PROVISIONS RELATING TO EXTENDING CHILD SUPPORT BEYOND AGE EIGHTEEN WHEN THE CHILD IS MENTALLY OR PHYSICALLY DISABLED.

H. 3477 -- Reps. Barber, Wilkins, J. Williams, G. Bailey, Rama, Cole, L. Elliott, Chamblee, Kempe, A. Young, Klapman, Smith, Beatty, Haskins, Cato, Vaughn, Sturkie, Holt, J.W. Johnson, J. Brown, Scott, Huff, Lanford, Koon, Wilkes, Wright, Burch, Corning, Gregory, J.C. Johnson and Waites: A BILL TO AMEND SECTION 62-3-1001, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING IN PROBATE COURT OF CERTAIN DOCUMENTS BY A PERSONAL REPRESENTATIVE, SO AS TO EXTEND FROM THIRTY TO NINETY DAYS THE PERIOD THE DOCUMENTS MUST BE FILED AFTER THE REPRESENTATIVE RECEIVES A STATE OR FEDERAL ESTATE TAX CLOSING LETTER.

Rep. WILKINS explained the Bill.

H. 3603 -- Reps. Waites and Kinon: A BILL TO AMEND SECTION 27-18-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOLDING OF INTANGIBLE PROPERTY FOR THE OWNER BY A COURT, STATE, OR OTHER GOVERNMENT, SO AS TO INCREASE FROM ONE TO FIVE YEARS THE HOLDING TIME FOR PROPERTY BEFORE IT IS DECLARED ABANDONED.

Rep. WILKINS explained the Bill.

H. 3606 -- Reps. Waites, Kinon, Rogers, Corning, Quinn, Keyserling, Rama, Cork, Rudnick, Glover, McGinnis, Kempe, Burriss, Huff, Beasley and Cromer: A BILL TO AMEND SECTIONS 14-7-190 AND 14-7-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING OF PETIT JURORS TO SERVE AS JURY POOL, SO AS TO PROVIDE THAT JURORS BE DRAWN NOT LESS THAN FIFTEEN DAYS INSTEAD OF TEN DAYS BEFORE THE TERM OF COURT; TO AMEND SECTION 14-7-250, RELATING TO THE DISPOSITION OF NAMES OF THOSE DRAWN AND WHO SERVE ON JURIES, SO AS TO PROVIDE THAT A JUROR MAY ONLY SERVE ONCE WITHIN FIVE YEARS; TO AMEND SECTION 14-7-1550, RELATING TO THE DRAWING OF GRAND JURY VENIRE, SO AS TO INCREASE THE NUMBER DRAWN FROM THIRTY TO FIFTY; AND TO REPEAL SECTION 14-7-400 RELATING TO THE DATE BY WHICH THE SHERIFF MUST SUMMON JURORS.

Rep. WILKINS explained the Bill.

On motion of Rep. KEESLEY, with unanimous consent, it was ordered that H. 3477 be read the third time tomorrow.

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

On motion of Rep. WILKINS, with unanimous consent, it was ordered that H. 3606 be read the third time tomorrow.

The following Bill was taken up.

H. 3292 -- Reps. J. Bailey, Haskins and Wilder: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS SEVENTY-TWO YEARS OF AGE OR OLDER.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18292.SD), which was adopted.

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

/SECTION ____.     Section 7-15-340 of the 1976 Code, as last amended by Act 356 of 1990, is further amended by adding an appropriately numbered item to read:

"( )     Persons seventy-two years of age or older."/

Renumber sections to conform.

Amend title to conform.

Rep. WILKINS explained the amendment.

Reps. KIRSH and FOSTER objected to the Bill.

The amendment was then adopted.

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

Rep. J. BAXLEY asked unanimous consent that H. 3292 be read a third time tomorrow.

Rep. KIRSH objected.

Rep. HAYES moved to adjourn debate upon the following Bill until Wednesday, May 1, which was adopted.

H. 3312 -- Rep. Hayes: A BILL TO AMEND CHAPTER 35, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENTS AND DECREES, BY ADDING ARTICLE 11 SO AS TO ENACT THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT.

Rep. WOFFORD moved to adjourn debate upon the following Bill until Tuesday, April 30, which was adopted.

H. 3400 -- Reps. Wilkins, Nettles, Burch, Cole, Keesley, M. Martin, Huff, Hayes and D. Martin: A BILL TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONIES, SO AS TO PROVIDE A CLASSIFICATION SYSTEM FOR ALL FELONY AND MISDEMEANOR CRIMES AND OFFENSES AND EXCEPTIONS; TO AMEND SECTION 16-1-20, RELATING TO CLASSIFICATION OF OTHER CRIMES, SO AS TO PROVIDE THE MAXIMUM TERM OF IMPRISONMENT, TO EXEMPT OFFENSES WHICH REFER TO A MANDATORY MINIMUM TERM OF IMPRISONMENT, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 16-1-30, RELATING TO CLASSIFICATION OF NEW OFFENSES, SO AS TO REQUIRE ALL NEW OFFENSES TO BE CLASSIFIED PURSUANT TO SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 16-1-40 AND 16-1-50, RELATING TO ACCESSORIES BEFORE THE FACT AND INDICTMENT AND CONVICTION OF ACCESSORIES, SO AS TO MAKE GRAMMATICAL CHANGES; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-55 SO AS TO CLASSIFY THE OFFENSE OF ACCESSORY AFTER THE FACT; TO AMEND SECTION 16-1-60, RELATING TO THE LIST OF VIOLENT CRIMES, SO AS TO ADD CRIMINAL SEXUAL CONDUCT WITH MINORS AND ASSAULT WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-80 SO AS TO CLASSIFY AN ATTEMPT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 16-1-90 AND 16-1-100 SO AS TO PROVIDE A LIST OF EACH CRIME AND OFFENSE AND ITS CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-110, SO AS TO PROVIDE FOR CRIMES OR OFFENSES INADVERTENTLY OMITTED FROM CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-11-325 SO AS TO PROVIDE THAT COMMON LAW ROBBERY IS A FELONY AND TO SET THE MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 7-25-50, 7-25-60, 7-25-80, 7-25-190, 8-1-20, 12-7-2750, 12-9-840, 12-21-2716, 12-27-50, 12-29-610, 12-31-670, 12-45-110, 16-5-10, 16-7-160, AS AMENDED, 16-9-320, AS AMENDED, 16-9-340, 16-11-20, 16-11-170, 16-11-617, 16-11-740, AS AMENDED, 16-13-160, 16-13-170, 16-13-290, 16-15-140, 16-15-385, AS AMENDED, 16-17-410, 16-17-430, 16-17-600, AS AMENDED, 16-21-10, 16-21-40, 16-21-130, 16-21-140, 16-23-220, AS AMENDED, 16-23-230, AS AMENDED, 16-23-240, AS AMENDED, 16-23-260, AS AMENDED, 16-23-410, 16-23-420, 16-23-440, AS AMENDED, 16-23-480, 16-23-490, 16-23-520, 17-13-50, 17-15-90, 20-7-50, 20-7-60, 20-7-80, 23-31-340, 23-31-360, 24-1-270, 24-13-410, 24-13-420, 27-32-120, 34-13-90, 38-9-150, 38-13-170, 39-22-90, 39-23-80, 43-29-41, 43-30-100, AS AMENDED, 44-23-1150, 44-52-165, AS AMENDED, 44-53-40, 44-53-375, AS AMENDED, 44-53-390, 44-53-445, AS AMENDED, 44-55-1510, 46-41-30, 47-19-120, 55-1-30, 56-1-1100, AS AMENDED, 56-5-1030, 57-1-60, 58-13-740, 58-15-820, 58-17-4100, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM MISDEMEANORS TO FELONIES AND THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 12-54-40, AS AMENDED, 16-3-410, 16-9-10, 16-9-20, 16-11-140, 16-11-920, AS AMENDED, 16-11-940, AS AMENDED, 16-14-40, 16-14-60, 16-14-70, 16-17-470, 20-7-2660, AS AMENDED, 48-43-550, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM FELONY TO MISDEMEANORS, TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20 AND TO PROVIDE FOR PENALTIES; TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-10, 16-13-30, 16-13-40, 16-13-50, 16-13-70, 16-13-110, 16-13-180, AS AMENDED, 16-13-210, 16-13-230, 16-13-240, 16-13-260, 16-13-420, 16-13-425, AS AMENDED, 16-13-430, 16-21-80, 38-55-170, AS AMENDED, 46-1-20, 46-1-40, 46-1-60, 46-1-70, 49-1-50, AS AMENDED, RELATING TO VARIOUS CRIMES AND OFFENSES INVOLVING PROPERTY, SO AS TO CREATE A THREE TIER CLASSIFICATION BASED UPON THE VALUE OF THE PROPERTY INVOLVED THAT SPECIFIES WHETHER THE OFFENSE IS A MISDEMEANOR OR FELONY AND MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 4-11-130, 4-17-70, 5-21-30, 5-21-40, 6-7-800, 6-7-1080, 6-7-1110, 7-25-10, 7-25-20, 7-25-70, 7-25-100, 7-25-110, 7-25-120, 7-25-160, 7-25-170, 8-1-30, 8-9-10, 8-11-30, 9-1-1160, 10-11-360, 11-1-20, 11-1-40, 11-9-20, 12-1-90, 12-21-2540, 12-21-2714, 12-21-3070, 12-54-40, AS AMENDED, 16-3-50, 16-3-60, 16-3-70, 16-3-75, 16-3-910, 16-3-920, 16-3-1060, AS AMENDED, 16-5-40, 16-5-130, 16-7-170, 16-9-30, 16-9-410, 16-11-30, 16-11-190, 16-11-311, 16-11-330, 16-11-380, 16-11-390, 16-11-560, 16-11-570, 16-13-150, 16-13-385, 16-14-80, 16-14-100, 16-15-130, 16-15-250, 16-15-405, 16-15-425, 16-16-20, 16-17-510, 16-17-560, 16-17-700, 16-21-60, 16-23-50, AS AMENDED, 16-23-465, 16-23-470, 17-7-510, 17-15-150, 22-5-120, 22-9-140, 23-1-20, 23-17-110, 23-31-190, 23-35-130, 24-3-910, 25-1-150, 25-7-20, 25-7-50, 25-15-20, 27-29-150, 30-15-50, 34-19-110, 38-7-140, 38-13-140, 38-25-330, 38-37-930, 38-37-1650, 38-43-190, 38-43-240, 38-47-60, 38-55-80, 38-55-150, 38-55-160, 38-59-50, 39-15-170, 39-15-470, 39-17-340, 40-5-320, 40-5-350, 40-5-360, 40-6-170, 40-11-300, 40-41-220, 40-43-140, AS AMENDED, 40-43-320, 41-15-50, 43-5-40, 43-33-40, 44-31-360, 44-53-370, AS AMENDED, 46-17-460, 46-19-270, 46-25-80, 48-27-230, 48-27-250, 48-49-60, 50-1-136, 50-13-350, 50-13-1460, 50-13-1470, 50-21-710, 54-1-40, 56-5-750, AS AMENDED, 56-5-2945, AS AMENDED, 56-29-30, 58-13-10, 59-25-250, 59-63-450, 61-13-810 RELATING TO CRIMES AND OFFENSES, SO AS TO CHANGE THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION ESTABLISHED FOR EACH OFFENSE; TO AMEND SECTION 22-3-570, RELATING TO MAGISTRATES' JURISDICTION, SO AS TO PROVIDE THAT PETIT LARCENY AND ALL OTHER OFFENSES INVOLVING PERSONAL PROPERTY IN WHICH THE VALUE IS TWO HUNDRED DOLLARS OR LESS IS WITHIN THE MAGISTRATE'S JURISDICTION; TO REPEAL SECTIONS 16-1-15 RELATING TO ALL DEGREES OF BURGLARY BEING A FELONY, 16-9-40 RELATING TO ADDITIONAL PERMISSIBLE PUNISHMENT FOR PERJURY; 16-13-20 RELATING TO PRIVILY STEALING FROM PERSON OR HOUSE AS GRAND LARCENY, 16-13-90 RELATING TO THEFT OF BEDDING AND OTHER FURNISHINGS FROM LODGING, 16-13-190, RELATING TO STEALING TIRES OR TUBES, 16-13-200, RELATING TO RECEIPT OF STOLEN TIRES AND TUBES, 16-15-30, RELATING TO ABDUCTING A MAID UNDER SIXTEEN YEARS OF AGE; 16-15-40 RELATING TO CONTRACTING MATRIMONY WITH AN ABDUCTED MAID UNDER THE AGE OF SIXTEEN; 16-15-50 RELATING TO SEDUCTION UNDER PROMISE OF MARRIAGE, 16-15-60 RELATING TO ADULTERY OR FORNICATION, 16-15-70 RELATING TO DEFINITION OF ADULTERY, 16-15-80 RELATING TO DEFINITION OF FORNICATION, 16-15-120 RELATING TO BUGGERY, 16-17-10 RELATING TO PROHIBITION OF BARRATRY, 16-17-20 RELATING TO PERSON CONVICTED OF BARRATRY BARRED FROM PRACTICE OF LAW, 24-5-40 RELATING TO SEPARATE LODGING FOR DEBTORS, 39-23-90 RELATING TO PENALTIES FOR VIOLATING SECTION 39-23-80, AND 54-9-80 RELATING TO IMPRESSING SEAMAN.

The following Bill was taken up.

H. 3412 -- Rep. Waldrop: A BILL TO AMEND SECTION 12-31-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN CONTINUING EDUCATION REQUIREMENTS FOR COUNTY AUDITORS, AND TO AMEND SECTION 12-45-15, RELATING TO CERTAIN CONTINUING EDUCATION REQUIREMENTS FOR COUNTY TREASURERS, SO AS TO REVISE THESE REQUIREMENTS AND THE PENALTIES FOR FAILURE TO SATISFACTORILY COMPLETE THEM.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18293.SD), which was adopted.

Amend the bill, as and if amended, by striking Section 12-31-15 of the 1976 Code, as contained in SECTION 1, and inserting:

/Section 12-31-15. (A) County auditors annually shall complete satisfactorily an annual one week a minimum of eighteen hours of continuing education course courses which the Comptroller General establishes or causes to be established. Failure to complete satisfactorily the course these courses in any year results in the auditor forfeiting one thousand dollars of his state salary supplement for that year as this supplement is provided in the annual general appropriations act. The course content, cost, and dates of the course courses must be determined by the Comptroller General.

(B)     The Comptroller General, for reasonable cause, may excuse a county auditor from attending this annual course these courses for any year. because of a death in the immediate family of the auditor occurring during the course or within three days of the beginning of the course or due to sickness which a medical doctor certifies will prevent the auditor from attending or completing the course. If excused, the auditor does not forfeit one thousand dollars of his state salary supplement for that year. No auditor may be excused for two consecutive years./

Amend the bill further, as and if amended, by striking Section 12-45-15 of the 1976 Code, as contained in SECTION 2, and inserting:

/Section 12-45-15.     (A) County treasurers annually shall complete satisfactorily an annual one week a minimum of eighteen hours of continuing education course courses which the Comptroller General establishes or causes to be established. Failure to satisfactorily complete the course these courses in any year results in the treasurer forfeiting one thousand dollars of his state salary supplement for the year as this supplement is provided in the annual general appropriations act. The course content, cost, and dates thereof of the courses must be determined by the Comptroller General.

(B) The Comptroller General, for reasonable cause, may excuse a county treasurer from attending this annual course these courses for any year. because of a death in the immediate family of the treasurer occurring during the course or within three days of the beginning of the course or due to sickness which a medical doctor certifies will prevent the treasurer from attending or completing the course. If excused, the treasurer does not forfeit one thousand dollars of his state salary supplement for that year. No treasurer may be excused for two consecutive years./

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

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

On motion of Rep. WILKINS, with unanimous consent, it was ordered that H. 3412 be read the third time tomorrow.

The following Bill was taken up.

H. 3466 -- Rep. Altman: A BILL TO AMEND SECTION 30-5-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DERIVATION CLAUSES OF DEEDS AND MORTGAGES, SO AS TO PROVIDE THAT A DERIVATION CLAUSE ALSO IS NOT REQUIRED ON A DEED OR MORTGAGE OF PROPERTY DEVOTED TO A HIGHWAY PURPOSE AND TO MAKE GRAMMATICAL CHANGES.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3215.AL), which was adopted.

Amend the bill, as and if amended, Section 30-5-35 as contained in SECTION 1, page 2, line 2, by striking /clause is not required on a deed or mortgage of/ and inserting /clause is not required on a deed, or mortgage, or easement of/

Amend further, page 2, line 4, by inserting /public/ before /highway/.

When amended Section 30-5-35 reads:

/"Section 30-5-35.     (A)     All deeds conveying an interest in land and all mortgages of real estate executed after July 1, 1976, must include a derivation clause in the property description and there must be inscribed on the deed or mortgage the mailing address of the grantee or mortgagee. When the grantor's or mortgagor's title was acquired by deed, the derivation clause must include the name of the grantor and the recording date of that deed. However, when the deed of derivation simultaneously has been simultaneously executed and delivered and has not then been recorded it is sufficient to set forth in the deed or mortgage the name of the grantor of the deed of derivation and its date and that it is to be recorded. When the grantor's or mortgagor's title was obtained by inheritance or devise, the derivation clause must include the name of the person from whom the title was acquired, the approximate date of acquisition, and, in the case of property acquired under a probated will or administered estate, the probate court in which such the estate was filed. However, a derivation clause is not required on a deed, or mortgage, or easement of property devoted to a utility, or railroad, or public highway purpose of by any private or public utility, or railroad or public entity responsible for construction and maintenance of highways. Further, a derivation clause is not required on a quitclaim or nonwarranty deed of real property.

(b) (B)     A No clerk of court or register of mesne conveyance shall not record any a deed or mortgage after July 1, 1976, unless it contains a derivation clause as prescribed in subsection (a) (A); provided, however, that. However, he may record a deed or mortgage without such the clause upon a showing satisfactory to him that the necessary information for such the clause was not available.

(c) (C)     The provisions of this section are intended to be regulatory in nature and will not affect the legality, force, effect validity, or record notice of any instrument recorded in violation hereof of this statute."/

Amend title to conform.

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

The following Bill was taken up.

H. 3476 -- Reps. Barber, Wilkins, J. Williams, Cole, Rama, L. Elliott, Mattos, Burch, Haskins, Jaskwhich, Gregory, Hodges, Koon, J.C. Johnson, Corning, Scott and Sturkie: A BILL TO AMEND SECTION 62-7-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND RESPONSIBILITIES OF A FIDUCIARY, SO AS TO AUTHORIZE FIDUCIARIES TO INVEST IN MUTUAL FUNDS SPONSORED BY AFFILIATED ORGANIZATIONS.

Rep. BARBER explained the Bill and moved to adjourn debate upon the following Bill until Tuesday, April 30, which was adopted.

The following Bill was taken up.

H. 3550 -- Reps. Cromer and Manly: A BILL TO AMEND SECTION 56-3-1970, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR VIOLATING THE PROVISIONS OF LAW ON HANDICAPPED PARKING, SO AS TO INCREASE THE PENALTIES FOR FIRST, SECOND, THIRD, AND SUBSEQUENT OFFENSES AND PROVIDE THAT, IN THE CASE OF A THIRD OR SUBSEQUENT OFFENSE, THE DRIVER'S LICENSE OF THE VIOLATOR MUST BE SUSPENDED FOR NINETY DAYS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3214.AL), which was adopted.

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

/SECTION     1.     The third paragraph of Section 56-3-1970 of the 1976 Code, as last amended by Act 429 of 1988, is further amended to read:

"Any A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five one hundred dollars nor more than one two hundred dollars or imprisoned for not more than thirty days for a first offense, must be fined not less than fifty dollars nor more than one hundred dollars or imprisoned for not more than thirty days for a second offense, and must be fined not less than one hundred dollars or imprisoned for not more than thirty days for a third or subsequent offense each offense."/

Amend title to conform.

Rep. CROMER explained the amendment.

The amendment was then adopted.

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

On motion of Rep. CROMER, with unanimous consent, it was ordered that H. 3550 be read the third time tomorrow.

The following Bill was taken up.

H. 3582 -- Reps. M. Martin and D. Elliott: A BILL TO AMEND SECTION 17-22-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS NOT ELIGIBLE FOR A PRETRIAL INTERVENTION PROGRAM, SO AS TO DELETE A PROVISION WHICH STATES THAT PERSONS CONVICTED OF A FISH, GAME, WILDLIFE, OR COMMERCIAL FISHERY-RELATED OFFENSE WHICH IS PUNISHABLE BY A FINE OR LOSS OF POINTS MAY NOT BE CONSIDERED FOR THIS PROGRAM, AND TO AMEND THE 1976 CODE BY ADDING SECTION 50-9-115 SO AS TO PROVIDE THAT IF A PERSON CHARGED WITH ONE OF THESE OFFENSES IS ACCEPTED INTO A PRETRIAL INTERVENTION PROGRAM, HIS HUNTING OR FISHING LICENSE MUST NEVERTHELESS BE SUSPENDED, IF REQUIRED BY LAW, IN THE SAME MANNER AS IF HE WAS CONVICTED OF THAT OFFENSE.

Rep. WILKINS moved to recommit the Bill to the Committee on Judiciary retaining its place on the calendar, which was agreed to.

Rep. NEILSON moved that when the House adjourns it adjourn in memory of Hazel Beasley Dolak, which was agreed to.

The following Bill was taken up.

H. 3607 -- Reps. Waites, Kinon, Corning, Quinn, Keyserling, Beasley, Burriss, Kempe, McGinnis, Rogers, Huff, Cromer and Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-17-725 SO AS TO PROVIDE THAT WHERE GENERAL SESSIONS FINES OR RESTITUTION PAYMENTS ARE PAID THROUGH INSTALLMENTS, A COLLECTION COST CHARGE OF THREE PERCENT OF THE PAYMENT MUST ALSO BE COLLECTED BY THE CLERK OF COURT AND TRANSFERRED TO THE COUNTY TREASURER FOR DEPOSIT TO CREDIT OF THE COUNTY GENERAL FUND.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3213.AL), which was adopted.

Amend the bill, as and if amended, Section 14-17-725 as contained in SECTION 1, page 1, by inserting after /court/ on line 29: /from the defendant/.

When amended Section 14-17-725 reads:

/"Section 14-17-725.     Where general sessions fines or restitution payments are paid through installments, a collection cost charge of three percent of the payment also must be collected by the clerk of court from the defendant and transferred to the county treasurer for deposit to credit of the county general fund in the same manner other funds collected by the clerk of court are transferred to the county treasurer for deposit to the county general fund."/

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

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

On motion of Rep. WILKINS, with unanimous consent, it was ordered that H. 3607 be read the third time tomorrow.

The following Bill was taken up.

S. 18 -- Senator Passailaigue: A BILL TO AMEND SECTION 7-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLITICAL CANDIDATE NOMINATIONS BY PETITION, SO AS TO EXTEND THE TIME FOR FILING THE PETITION IN THE EVENT OF AN EMERGENCY DECLARED BY THE GOVERNOR AND THE CONDITIONS PRECIPITATING THE EMERGENCY DECLARATION PREVENT THE CANDIDATE FROM TIMELY FILING THE PETITION.

Rep. J. BAILEY proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\1614.AC), which was adopted.

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

/SECTION     1.     Section 7-13-351 of the 1976 Code is amended by adding at the end:

"In the event of an emergency declared by the Governor and the conditions precipitating the emergency declaration prevent a candidate from filing the nominating petition within the time required by this section, the candidate has an additional five days to submit the nominating petition to the appropriate office."

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

Renumber sections to conform.

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

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

On motion of Rep. WILKINS, with unanimous consent, it was ordered that S. 18 be read the third time tomorrow.

Rep. GONZALES withdrew his objection to the following Bill.

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

On motion of Rep. STURKIE, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.

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

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

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

Those who voted in the affirmative are:

Bailey, K.             Baker                  Beatty
Bennett                Brown, H.              Burriss
Carnell                Clyborne               Cole
Corbett                Cork                   Corning
Cromer                 Gonzales               Harris, P.
Harrison               Harvin                 Johnson, J.C.
Keegan                 Keesley                Kempe
Kirsh                  Klapman                Littlejohn
Martin, L.             McAbee                 McCain
McGinnis               Quinn                  Sharpe
Smith                  Snow                   Townsend
Tucker                 Wells                  White
Wofford

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Bailey, G.
Barber                 Beasley                Boan
Brown, G.              Brown, J.              Cato
Chamblee               Cooper                 Elliott, D.
Elliott, L.            Fair                   Farr
Foster                 Gentry                 Glover
Harris, J.             Haskins                Hayes
Hendricks              Hodges                 Houck
Inabinett              Johnson, J.W.          Keyserling
Manly                  Marchbanks             Martin, D.
McCraw                 McLeod                 McTeer
Neilson                Phillips               Rama
Rhoad                  Ross                   Rudnick
Scott                  Sheheen                Stoddard
Vaughn                 Waldrop                Wilder
Wilkes                 Wilkins                Wright

So, the House refused to recur to the morning hour.

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

H. 3380 -- Reps. Gregory, Nettles, Short, Boan, Wilkins, Kirsh and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-17-55 SO AS TO PROVIDE THE QUALIFICATIONS OF APPLICANTS AND REQUIREMENTS OF APPLICATIONS FOR PRIVATE DETECTIVE BUSINESSES; TO AMEND SECTION 40-17-20, RELATING TO DEFINITIONS IN THE PRIVATE DETECTIVE AND PRIVATE SECURITY AGENCIES ACT, SO AS TO CHANGE THE REFERENCE TO LICENSED PRIVATE DETECTIVE TO REGISTERED PRIVATE DETECTIVE; TO AMEND SECTION 40-17-30, RELATING TO THE POWERS AND DUTIES OF THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO PROVIDE SEPARATE POWERS AND DUTIES FOR PRIVATE SECURITY AND DETECTIVE BUSINESSES; TO AMEND SECTION 40-17-50, RELATING TO QUALIFICATIONS OF APPLICANTS AND REQUIREMENTS OF APPLICATIONS FOR PRIVATE SECURITY AND DETECTIVE BUSINESSES, SO AS TO DELETE REFERENCES TO PRIVATE DETECTIVE BUSINESSES AND THE CHARACTER REQUIREMENT; TO AMEND SECTION 40-17-60, RELATING TO BONDS OF APPLICANTS, SO AS TO PROVIDE FOR THE BOND REQUIREMENTS TO APPLY TO PRIVATE SECURITY BUSINESSES; TO AMEND SECTION 40-17-70, RELATING TO LICENSES FOR PRIVATE DETECTIVE AND SECURITY BUSINESSES, SO AS TO PROVIDE FOR REGISTRATION INSTEAD OF LICENSING OF PRIVATE DETECTIVES AND DELETE THE CHARACTER REQUIREMENT; TO AMEND SECTION 40-17-80, RELATING TO REGISTRATION OF EMPLOYEES OF LICENSEES, SO AS TO DELETE THE REFERENCES TO AGENTS AND CHARACTER; TO AMEND SECTION 40-17-120, RELATING TO PERMITS TO CARRY FIREARMS, SO AS TO CHANGE THE REFERENCE TO LICENSED PRIVATE DETECTIVE TO REGISTERED PRIVATE DETECTIVE; TO AMEND SECTION 40-17-140, RELATING TO SUSPENSION AND REVOCATION OF LICENSES AND REGISTRATIONS, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO REGISTERED PRIVATE DETECTIVES; AND TO REAUTHORIZE THE EXISTENCE OF THE PRIVATE DETECTIVE AND PRIVATE SECURITY PROGRAM FOR SIX YEARS.

Rep. M.O. ALEXANDER explained the Senate amendment.

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

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

H. 3120 -- Rep. Harwell: A BILL TO AMEND SECTION 50-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF USING ARTIFICIAL LIGHTS TO OBSERVE OR HARASS WILDLIFE, SO AS TO PROVIDE FOR THE OFFENSE TO OCCUR AT ANYTIME INSTEAD OF AFTER 11:00 P.M., LIMIT THE OFFENSE TO GAME ZONE 10, AND PROVIDE A PRIVATE PROPERTY EXCEPTION.

Rep. KLAPMAN moved to adjourn debate upon the Senate Amendments until Tuesday, April 30, which was adopted.

The following Bill was taken up.

H. 3276 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTION 12-21-2726, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF LICENSING OF COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT PROOF OF LICENSING IS THE CONSPICUOUS DISPLAY OF THE LICENSE AT THE MACHINE LOCATION; TO AMEND SECTION 12-21-2738, RELATING TO PENALTIES FOR VIOLATIONS OF LICENSING LAWS FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT FAILURE TO HAVE THE APPROPRIATE LICENSES ON DISPLAY CONSTITUTES A VIOLATION AND THAT EACH MACHINE IN EXCESS OF THE APPROPRIATE LICENSE DISPLAYED IS A SEPARATE VIOLATION; TO AMEND SECTION 12-21-2720, AS AMENDED, RELATING TO LICENSES FOR COIN OPERATED DEVICES OR MACHINES, SO AS TO PROVIDE THAT A MUNICIPALITY OR COUNTY MAY NOT LIMIT THE NUMBER OF MACHINES WITHIN ITS BOUNDARIES; TO AMEND SECTION 12-21-2746, RELATING TO THE LEVY OF AN ADDITIONAL LOCAL LICENSE TAX, SO AS TO SPECIFICALLY DESIGNATE PREMISES WHICH ARE SUBJECT TO THE TAX AND PROCEDURES FOR LICENSING; AND TO REPEAL SECTION 12-21-2732, RELATING TO THE ATTACHMENT OF LICENSES TO MACHINES, AND SECTION 16-19-60, RELATING TO THE PROVISIONS THAT SECTIONS 16-19-40 (UNLAWFUL GAMES AND BETTING) AND 16-19-50 (KEEPING UNLAWFUL GAMING TABLES) DO NOT EXTEND TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE AND TO THE PROVISION THAT SECTION 16-19-60 DOES NOT AUTHORIZE THE LICENSING, POSSESSION, OR OPERATION OF A MACHINE WHICH DISBURSES MONEY TO THE PLAYER.

Rep. KIRSH spoke in favor of the Bill.

Rep. McCAIN spoke against the Bill.

The following was received.
Columbia, S.C., April 25, 1991

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:30 A.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

Rep. RAMA moved acceptance of the invitation to Ratify Acts.

Rep. HODGES moved to table the motion, which was agreed to by a division vote of 49 to 37.

Rep. McCAIN continued speaking.

Rep. HOLT moved that the House do now adjourn.

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

Those who voted in the affirmative are:

Altman                 Bailey, J.             Bailey, K.
Baker                  Barber                 Baxley
Bennett                Brown, G.              Brown, J.
Burriss                Carnell                Cole
Corbett                Cork                   Corning
Cromer                 Elliott, D.            Foster
Glover                 Gonzales               Hallman
Harrison               Harvin                 Harwell
Holt                   Houck                  Inabinett
Jennings               Kirsh                  Lanford
Littlejohn             Marchbanks             Martin, D.
McAbee                 McCain                 McGinnis
McKay                  Rama                   Rhoad
Rogers                 Scott                  Snow
Tucker                 Whipper                White
Wilkes                 Wofford

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Beasley
Beatty                 Boan                   Cato
Chamblee               Clyborne               Cooper
Elliott, L.            Fair                   Farr
Gentry                 Harris, J.             Harris, P.
Haskins                Hayes                  Hodges
Huff                   Johnson, J.C.          Johnson, J.W.
Keegan                 Keesley                Kempe
Koon                   Manly                  Martin, L.
Mattos                 McCraw                 McElveen
McTeer                 Meacham                Neilson
Phillips               Quinn                  Rudnick
Sharpe                 Sheheen                Smith
Stoddard               Sturkie                Townsend
Vaughn                 Waldrop                Wells
Wilder                 Wilkins                Wright
Young, A.

So, the House refused to adjourn.

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

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

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Baker                  Baxley
Beasley                Boan                   Brown, G.
Brown, H.              Carnell                Cato
Chamblee               Clyborne               Cole
Cooper                 Corbett                Elliott, D.
Elliott, L.            Fair                   Farr
Foster                 Gentry                 Hallman
Harris, J.             Harris, P.             Harrison
Harvin                 Harwell                Haskins
Hayes                  Hodges                 Houck
Huff                   Jaskwhich              Johnson, J.C.
Johnson, J.W.          Keegan                 Keesley
Kempe                  Kirsh                  Klapman
Koon                   Lanford                Manly
Marchbanks             Martin, L.             Mattos
McCraw                 McElveen               McKay
McTeer                 Meacham                Neilson
Phillips               Quinn                  Rama
Rogers                 Ross                   Rudnick
Scott                  Sharpe                 Sheheen
Smith                  Snow                   Stoddard
Sturkie                Townsend               Tucker
Vaughn                 Waldrop                Wilder
Wilkes                 Wilkins                Wofford
Wright                 Young, A.

Those who voted in the negative are:

Beatty                 Bennett                Brown, J.
Burriss                Cork                   Cromer
Gonzales               Holt                   Jennings
McAbee                 McCain                 McGinnis
Rhoad                  White

So, the Bill, as amended, was read the third time, and ordered sent to the Senate.

Rep. L. MARTIN moved to dispense with the Motion Period.

As a first substitute, Rep. CARNELL moved to recommit H. 3090 to the Judiciary Committee.

As a second substitute, Rep. MATTOS moved to commit S. 474 to the Committee on Ways and Means, retaining its place on the calendar, which was agreed to.

Rep. CARNELL moved to dispense with the balance of the Motion Period, which was agreed to.

Rep. FAIR moved that the house recur to the morning hour.

Rep. HODGES moved to table the motion, which was agreed to by a division vote of 51 to 20.

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 4, Rep. RUDNICK having been recognized.

H. 3090 -- Reps. Keyserling, Hodges, P. Harris, Waldrop, Rudnick, Wilder, Kempe, Mattos, Manly, Whipper and Waites: A BILL TO AMEND CHAPTER 77, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEATH WITH DIGNITY ACT, BY ADDING SECTION 44-77-85 SO AS TO AUTHORIZE A DECLARANT TO DESIGNATE AN AGENT TO ACT ON HIS BEHALF TO ENSURE THAT THE DECLARATION IS GIVEN EFFECT; TO AMEND SECTION 44-77-20, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITIONS OF "LIFE-SUSTAINING PROCEDURES" AND "TERMINAL CONDITION" AND ADD THE DEFINITIONS OF "PERMANENT UNCONSCIOUSNESS" AND "AGENT"; SECTION 44-77-30, AS AMENDED, RELATING TO WITHHOLDING LIFE-SUSTAINING PROCEDURES, SO AS TO CLARIFY THAT ACTIVE TREATMENT MUST BE ADMINISTERED BEFORE GIVING EFFECT TO A DECLARATION; SECTION 44-77-40, AS AMENDED, RELATING TO QUALIFICATIONS FOR WITNESSES TO A DEATH WITH DIGNITY DECLARATION, SO AS TO FURTHER LIMIT WHO MAY BE A WITNESS TO A DECLARATION; SECTION 44-77-50, AS AMENDED, RELATING TO THE FORM OF A DECLARATION, SO AS TO INCLUDE THE REVISED DEFINITION OF TERMINAL CONDITION, PROVIDE SPECIFIC DIRECTIONS REGARDING TUBE FEEDING WHICH A DECLARANT MAY CHOOSE, PROVIDE FOR THE APPOINTMENT OF AN AGENT, AND REVISE THE LANGUAGE PERTAINING TO THE REVOCATION OF A DECLARATION; AND SECTION 44-77-80, AS AMENDED, RELATING TO REVOCATION OF A DECLARATION, SO AS TO REMOVE THE AUTHORITY OF AN AGENT TO REVOKE A DECLARATION AND INCLUDE THAT THE DECLARANT MAY REVOKE A DECLARATION BY EXECUTING A SUBSEQUENT DECLARATION.

Debate was resumed on Amendment No. 4, which was proposed on Wednesday, April 24, by Rep. RUDNICK.

Reps. RUDNICK and HODGES explained the amendment.

The amendment was then adopted.

Rep. HASKINS proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\BR1\1600.AC), which was tabled.

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

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

"Section 44-77-145.     Nothing contained in this chapter prohibits a health care provider, by reason of conscience, from refusing to perform any procedure authorized by this chapter."/

Renumber sections to conform.

Amend title to conform.

Rep. HASKINS explained the amendment.

The following was received.
Columbia, S.C., April 25, 1991

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:50 A.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. L. MARTIN the invitation was accepted.

Rep. L. MARTIN moved that upon the completion of the Ratification of Acts, that the House stand adjourned, which was agreed to.

Rep. HODGES spoke against the amendment.

Rep. HASKINS spoke in favor of the amendment.

Rep. HODGES moved to table the amendment.

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

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Barber                 Baxley                 Beatty
Bennett                Boan                   Brown, G.
Brown, J.              Burriss                Carnell
Cole                   Cork                   Cromer
Farr                   Foster                 Gentry
Glover                 Hallman                Harris, P.
Harvin                 Hayes                  Hodges
Huff                   Inabinett              Jennings
Johnson, J.W.          Keesley                Kempe
Keyserling             Kirsh                  Klapman
Lanford                Manly                  Martin, D.
Mattos                 McAbee                 McCraw
McElveen               McGinnis               McLeod
McTeer                 Meacham                Phillips
Rhoad                  Rogers                 Ross
Rudnick                Scott                  Sheheen
Snow                   Townsend               Tucker
Waldrop                Whipper                Wilder
Wilkes                 Young, A.

Those who voted in the negative are:

Beasley                Cato                   Chamblee
Clyborne               Corbett                Corning
Elliott, D.            Elliott, L.            Fair
Harrison               Harwell                Haskins
Holt                   Houck                  Johnson, J.C.
Keegan                 Koon                   Littlejohn
Martin, L.             McCain                 McKay
Neilson                Quinn                  Rama
Sharpe                 Smith                  Sturkie
Vaughn                 Wells                  Wilkins
Wofford                Wright

So, the amendment was tabled.

Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of amendments.

At 11:50 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified:

(R83) S. 506 -- Senators Land and Holland: AN ACT TO AMEND SECTION 23-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATION OF LAW ENFORCEMENT OFFICERS, SO AS TO ALLOW CANDIDATES FOR CERTIFICATION AS CLASS II-SCO UNDER THE DEPARTMENT OF CORRECTIONS IN A COUNTY WITH A PRISON SYSTEM THAT BORDERS ANOTHER STATE TO HOLD A VALID CURRENT DRIVER'S LICENSE FROM ANY JURISDICTION.

(R84) S. 615 -- Senators Nell W. Smith, Hayes, Courson, Martschink, Bryan, Drummond, Fielding, Giese, Gilbert, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Macaulay, Martin, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: AN ACT TO AMEND ACT 114 OF 1989 AND ARTICLE 21, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INFANTS AND TODDLERS WITH HANDICAPPING CONDITIONS, SO AS TO REVISE THE LEGISLATIVE FINDINGS TO CONFORM TO THE AMENDMENTS IN THIS ACT AND TO REVISE THE DEFINITIONAL SECTION, PROVIDE THE PURPOSE OF THE ARTICLE, PROVIDE DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, REQUIRE THE COMPREHENSIVE INTERAGENCY SYSTEM TO IMPLEMENT COMPONENTS OF THE SYSTEM, TO PROVIDE CERTAIN REQUIREMENTS FOR THE DELIVERY OF EARLY INTERVENTION SERVICES, TO INCLUDE PROVISIONS AND REQUIREMENTS FOR INDIVIDUALIZED FAMILY SERVICE PLANS, TO CLARIFY CONFIDENTIALITY OF INFORMATION, TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO SUBMIT AN ANNUAL REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND TO PROVIDE FOR CONTENTS OF THE REPORT, TO REQUIRE THE ESTABLISHMENT OF LOCAL INTERAGENCY COORDINATING COUNCILS, AND TO PROVIDE FOR THEIR MEMBERSHIP, FUNCTIONS, AND INTERFACING WITH THE STATE INTERAGENCY COORDINATING COUNCIL.

(R85) S. 560 -- Senator Washington: AN ACT TO PROVIDE THAT THE COLLETON COUNTY SUPERINTENDENT OF EDUCATION MUST BE APPOINTED BY AND SHALL SERVE AT THE PLEASURE OF THE BOARD OF TRUSTEES OF THE COLLETON COUNTY SCHOOL DISTRICT RATHER THAN BE ELECTED AND TO MAKE THIS CHANGE IN THE METHOD OF CHOOSING THE SUPERINTENDENT EFFECTIVE AFTER THE GENERAL ELECTION OF 1992.

(R86) S. 667 -- Senator Washington: AN ACT TO REVISE THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF COLLETON COUNTY MUST BE ELECTED BEGINNING IN 1992, INCLUDING THE ESTABLISHMENT OF NONPARTISAN ELECTIONS AND THE ESTABLISHMENT OF SEVEN SINGLE-MEMBER ELECTION DISTRICTS FOR THE ELECTION OF CERTAIN MEMBERS, AND TO PROVIDE FOR THE TERMS OF THESE MEMBERS ELECTED.

(R87) S. 793 -- Senators Washington and Waddell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 IN CHAPTER 13, TITLE 51, RELATING TO REGIONAL DISTRICTS, COMMISSIONS, AND AUTHORITIES FOR PURPOSES OF PARKS, RECREATION, AND TOURISM, SO AS TO ESTABLISH THE LOWCOUNTRY AND RESORT ISLANDS TOURISM COMMISSION AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION.

(R88) H. 3649 -- Agriculture, Natural Resources and Environmental Affairs Committee: AN ACT TO AMEND SECTION 50-11-390, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT REGARDING ANTLERLESS DEER, SO AS TO REVISE THE DEPARTMENT'S AUTHORITY AND RELATED PENALTIES.

(R89) H. 3046 -- Reps. P. Harris, Waites, Whipper and Waldrop: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA COMMISSION ON AGING IN CONNECTION WITH THE SOUTH CAROLINA STATE HOUSING, FINANCE, AND DEVELOPMENT AUTHORITY TO STUDY THE HOUSING NEEDS OF LOW AND MODERATE INCOME ELDERLY WITH SPECIAL ATTENTION TO REVERSE MORTGAGE PROGRAMS AND REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON AGING.

(R90) H. 3349 -- Rep. Cork: AN ACT TO AMEND SECTION 50-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPOTTED SEA TROUT AND RED DRUM, SO AS TO REDUCE THE LEGAL CATCH LIMITS FOR SPOTTED SEA TROUT FROM TWENTY TO FIFTEEN A DAY AND FOR RED DRUM FROM TWENTY TO FIVE A DAY, TO EXTEND THE CLOSED SEASON FOR GIGGING FOR THESE FISH BY ONE MONTH, TO PROVIDE A CATCH OR POSSESSION LIMIT OF TWENTY A DAY FOR FLOUNDER, AND TO PROVIDE FOR EMERGENCY REGULATIONS BECAUSE OF NATURAL OR MAN-INDUCED PHENOMENA.

(R91) H. 3808 -- Rep. Wilkins: AN ACT TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE THE POLLING PLACES FOR PRECINCT 6, GREENVILLE, AND PRECINCT 117, WARE PLACE.

(R92) H. 3385 -- Rep. Altman: AN ACT TO AMEND SECTION 56-3-1240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPLAY OF LICENSE PLATES, SO AS TO PROHIBIT A CHANGE IN THE APPEARANCE OF A LICENSE PLATE ISSUED BY THE DEPARTMENT.

(R93) H. 3069 -- Reps. Farr, Haskins, Short, Sheheen, Waites, Wilkins and Rama: AN ACT TO AMEND SECTION 7-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF PARTY CONVENTIONS OR PARTY PRIMARY ELECTIONS, SO AS TO ALLOW A CERTIFIED POLITICAL PARTY TO HOLD A PRESIDENTIAL PRIMARY ELECTION, AND TO REQUIRE THE STATE COMMITTEE OF THE PARTY TO SET THE DATE AND THE HOURS FOR THE PRESIDENTIAL PRIMARY ELECTION AND THE FILING REQUIREMENTS.

(R94) H. 3246 -- Reps. Wright, Wilkes, D. Elliott and Sharpe: AN ACT TO AMEND SECTION 52-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOXING, WRESTLING, OR SPARRING EVENTS NOT SUBJECT TO REGULATION BY THE STATE ATHLETIC COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION MAY APPROVE EXEMPTION FROM REGULATION EVENTS OF AMATEUR ASSOCIATIONS OR GROUPS AND TO DELETE PROVISIONS RELATING TO CIRCUMSTANCES IN WHICH AN AMATEUR BOXER MAY APPEAR ON A PROFESSIONAL CARD; AND TO AMEND SECTION 52-7-310, AS AMENDED, RELATING TO COUNTY ATHLETIC COMMISSIONS, SO AS TO PROVIDE THAT COMMISSIONERS ARE APPOINTED BY THE GOVERNING BODY OF THE COUNTY FOR TERMS OF FOUR YEARS AND TO PROVIDE THAT THE OFFICE OF A COMMISSIONER IS DECLARED VACANT IF THE COMMISSIONER FAILS TO ATTEND THREE CONSECUTIVE MEETINGS UNLESS EXCUSED BY A UNANIMOUS VOTE OF THE UNAFFECTED COMMISSIONERS.

(R95) H. 3838 -- Reps. Jennings and Beasley: AN ACT TO CREATE THE MARLBORO COUNTY BOARD OF ELECTIONS AND REGISTRATION AND TO ABOLISH THE MARLBORO COUNTY ELECTION COMMISSION AND MARLBORO COUNTY REGISTRATION BOARD AND DEVOLVE THEIR POWERS AND DUTIES UPON THIS NEW BOARD.

The Senate returned to the House with concurrence the following:

H. 3949 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE THE AWARD WINNING MOUNT PLEASANT HIGH SCHOOL CHORUS, OF MOUNT PLEASANT HIGH SCHOOL IN LEE COUNTY, ON BEING SELECTED TO PERFORM AT CARNEGIE HALL IN NEW YORK CITY AND AT THE CAROWINDS CHORAL FESTIVAL.

H. 3951 -- Rep. L. Martin: A CONCURRENT RESOLUTION TO CONGRATULATE FIRST BAPTIST CHURCH OF PICKENS AND ITS CONGREGATION ON THE OBSERVANCE AND CELEBRATION OF ITS CENTENNIAL ANNIVERSARY.

At 11:58 A.M. the House in accordance with the motion of Rep. NEILSON adjourned in memory of Hazel Beasley Dolak, to meet at 10:00 A.M. tomorrow.

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