Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

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

In Your goodness, Lord, You have been with us during our absence from this place, and have brought us back to this place of service. Continue Your presence as we go about the business set before us. Teach us to know that the difference between obstacles and opportunities is often our attitudes; also to know that the way to the Promised Land is often through the wilderness. Give to each of us the courage of his or her convictions and the will to stand firm for them without ill will to anyone.

And to You, Lord God, we give all glory and honor. 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 Friday, the SPEAKER ordered it confirmed.

Rep. G. BROWN moved that when the House adjourns, it adjourn in memory of Mrs. Jessie T. Wright, which was agreed to.

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

Document No. 1607
Promulgated By Department of Archives and History
General Retention Schedule for State Financial Records
Received By Speaker February 5, 1993
Referred to House Committee on Ways and Means
120 Day Review Expiration Date June 5, 1993

Document No. 1606
Promulgated By Department of Archives and History
General Records Retention Schedule for Municipal Records
Received By Speaker February 5, 1993
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date June 5, 1993

The following was received.

Document No. 1588
Promulgated By Board of Architectural Examiners
Intern Development Program
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date May 18, 1993
Withdrawn and Resubmitted: February 4, 1993

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

H. 3314 -- Rep. Harvin: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO ALLOW FOREST LANDOWNERS WHO SUFFERED TREMENDOUS LOSS AS THE RESULT OF HURRICANE HUGO IN 1989 THE RIGHT TO PRACTICE FORESTRY WITHOUT UNDUE RESTRICTIONS FROM THE ENDANGERED SPECIES ACT, WETLANDS STATUTES, AND OTHER LAWS AND TO PROVIDE, OR TO CONTINUE, CERTAIN OTHER URGENT RELIEF.

Ordered for consideration tomorrow.

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

H. 3389 -- Reps. R. Young, Holt, Wofford, Whipper, J. Bailey, Harrell, Hallman, Gonzales, Fulmer and Barber: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION NOT TO REFLECT ON THE DRIVING RECORD OF ANY LICENSED SOUTH CAROLINA DRIVER VIOLATIONS OF COUNTY OR MUNICIPAL ORDINANCES FOR CARELESS DRIVING AND TO REMOVE ANY SUCH VIOLATIONS PREVIOUSLY PLACED ON THE DRIVING RECORD OF THESE DRIVERS.

Ordered for consideration tomorrow.

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

H. 3038 -- Reps. Hodges and Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-33 SO AS TO PROVIDE THAT AN APPROPRIATION BY A COUNTY GOVERNING BODY RELATING TO POLICE PROTECTION THAT WILL RESULT IN THE REORGANIZATION, RESTRUCTURING, DUPLICATION, OR LIMITATION OF THE DUTIES AND FUNCTIONS OF THE SHERIFF'S DEPARTMENT MAY NOT TAKE EFFECT UNLESS FIRST APPROVED BY THE QUALIFIED ELECTORS OF THE COUNTY IN A REFERENDUM.

Ordered for consideration tomorrow.

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

H. 3058 -- Reps. Wilkins, Rogers, Huff, Jaskwhich, Graham, T.C. Alexander, Boan, Hodges, Cato, Wells and Clyborne: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.

Ordered for consideration tomorrow.

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

H. 3059 -- Reps. Wilkins, Clyborne, Rogers, Huff, Jaskwhich, T.C. Alexander, Boan, Hodges, Wells, Cato and Graham: A BILL TO AMEND SECTIONS 2-1-180, 11-9-880, as amended, 11-11-30, 11-11-90, AND 11-11-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY AND THE BUDGETARY PROCESS, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, TO PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING, TO CHANGE THE DATE OF THE ANNUAL INITIAL FORECAST OF THE BOARD OF ECONOMIC ADVISORS FROM NOVEMBER TENTH TO OCTOBER FIFTEENTH AND TO PROVIDE THAT THE INITIAL FORECAST MAY BE ADJUSTED ONLY DOWNWARD, TO PROVIDE THAT THE FEBRUARY FIFTEENTH FORECAST MAY BE ADJUSTED DOWNWARD MONTHLY, TO CHANGE THE DATE OF ANNUAL ESTIMATES OF FINANCIAL NEEDS BY STATE ENTITIES FROM NOVEMBER FIRST TO OCTOBER FIRST, TO PROVIDE THAT JOINT COMMITTEE HEARINGS ON BUDGET REQUESTS SHALL BEGIN ON THE SECOND TUESDAY IN DECEMBER, TO PROVIDE THAT SUPPLEMENTAL APPROPRIATIONS MAY BE REQUESTED FROM UNEXPENDED FUNDS FROM THE PREVIOUS FISCAL YEAR, AND TO PROHIBIT SUPPLEMENTAL APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT.

Ordered for consideration tomorrow.

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

H. 3073 -- Reps. Cooper, Waldrop, Chamblee, Townsend, Cato, Gonzales, Beatty, P. Harris, Stille and Tucker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-870 SO AS TO RESTRICT THE USE OF PERSONAL WATERCRAFT INCLUDING JET SKIS AND PROVIDE PENALTIES FOR VIOLATIONS.

Ordered for consideration tomorrow.

Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, Rep. BAXLEY, for the minority, submitted an unfavorable report, on:

H. 3147 -- Reps. Corning, Hallman, Fulmer, Quinn, Clyborne, Jaskwhich, Holt, Barber, A. Young, Davenport, Richardson, Cato, Shissias, Harrison, Hodges, D. Smith, Vaughn, Riser, Beatty, J. Bailey, Gonzales, Littlejohn, Houck, Lanford, R. Young, Meacham, Harrell, Simrill, Rogers, Walker, Thomas, Wright and Waites: A BILL TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF CANDIDATES IN GENERAL ELECTIONS, SECTION 7-11-210, RELATING TO NOTICE OF CANDIDACY, SECTION 7-13-40, AS AMENDED, RELATING TO THE DATE OF PARTY PRIMARIES, CERTIFICATION OF NAMES FOR PRIMARY BALLOTS, AND FILING FEES, AND SECTION 7-13-350, RELATING TO PLACING THE NAME OF CERTIFIED CANDIDATES ON THE BALLOT NOMINATED BY PETITION, PRIMARY, OR CONVENTION, SO AS TO REVISE THE PRIMARY DATE AND RELATED FILING AND CERTIFICATION DATES AND PROVIDE FOR A PRIMARY ON THE FOURTH TUESDAY IN AUGUST.

Ordered for consideration tomorrow.

The following was introduced:

H. 3422 -- Rep. Spearman: A CONCURRENT RESOLUTION TO CONGRATULATE LOIS CROUCH MATHENY ADDY OF SALUDA COUNTY UPON REACHING HER 100TH BIRTHDAY.

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

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

H. 3423 -- Reps. Carnell, McAbee and Klauber: A HOUSE RESOLUTION TO CONGRATULATE THE LANDER UNIVERSITY MEN'S TENNIS TEAM AND ITS COACH, WINNERS OF THE 1992 NAIA NATIONAL CHAMPIONSHIP, AND GRANT THEM THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, FEBRUARY 24, 1993, AT A TIME TO BE DETERMINED BY THE SPEAKER.

Whereas, the House of Representatives congratulates Coach Joseph Cabri for his outstanding coaching abilities in leading Lander University's men's tennis team to the 1992 NAIA National Men's Tennis Championship, Lander's fourth national team championship in eight years; their twelfth consecutive NAIA District 6 Championship; and their first Peach Belt Athletic Conference Championship during their inaugural year in the NCAA Division II; and

Whereas, one of Coach Cabri's players brought home to South Carolina the 1992 National Men's Singles title; and

Whereas, Coach Cabri's accomplishments earned him his third NAIA National Coach of the Year Title. A two-time national ITCA/Wilson Coach of the Year, he was voted NAIA District 6 Coach of the Year for the sixth time and was named Peach Belt Athletic Conference Coach of the Year; and

Whereas, having coached players to twenty-eight All-American titles and to academic All-American titles, Coach Cabri has brought honor to Lander University and to the State of South Carolina. Sixty percent of his recent tennis graduates are in graduate school. We are proud of the role he has played in raising the profile of Lander and South Carolina in the national and international tennis community. Now, therefore,

Be it resolved by the House of Representatives:

That the Lander University Men's Tennis Team and its coach, winners of the 1992 NAIA National Championship, are granted the privilege of the floor of the House of Representatives on Wednesday, February 24, 1993, at a time to be determined by the Speaker.

The Resolution was adopted.

The Senate sent to the House the following:

S. 364 -- Senators J. Verne Smith, Mitchell, Stilwell, Thomas and Bryan: A CONCURRENT RESOLUTION TO RECOGNIZE BETTY PEACE STALL AND HER FAMILY FOR THEIR CONTINUING EFFORTS TO BRING INTO EXISTENCE THE PEACE CENTER FOR THE PERFORMING ARTS IN GREENVILLE, SOUTH CAROLINA, AND TO THANK HER FOR HER SERVICE AND DEDICATION TO THE GREENVILLE COMMUNITY AND TO THE STATE OF SOUTH CAROLINA.

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

The Senate sent to the House the following:

S. 365 -- Senators Setzler, Mitchell, O'Dell, Peeler, Courtney, Russell and Reese: A CONCURRENT RESOLUTION TO CONGRATULATE ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED BUSINESS AND CIVIC LEADERS, MR. ROGER MILLIKEN OF SPARTANBURG, UPON HIS INDUCTION INTO THE SOUTH CAROLINA HALL OF FAME.

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

The Senate sent to the House the following:

S. 366 -- Senators Land and Matthews: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY ON THE DEATH OF JOYCE KINLAW OF MANNING, SOUTH CAROLINA, WHO DIED ON FEBRUARY 3, 1993.

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

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

H. 3424 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-77-175 AND 56-7-12 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT WHEN THE OPERATOR OR OWNER OF AN INDIVIDUAL PRIVATE PASSENGER AUTOMOBILE IS ISSUED A TICKET FOR A MOVING VIOLATION BY A LAW ENFORCEMENT OFFICER, HE MUST BE FURNISHED A WRITTEN REQUEST FORM TO BE COMPLETED BY HIM AND HIS INSURER OR THE AGENT ISSUING THE POLICY TO VERIFY LIABILITY INSURANCE COVERAGE; AND TO AMEND SECTION 56-10-45, RELATING TO MOTOR VEHICLE FINANCIAL SECURITY AND THE CONFISCATION OF LICENSE PLATES, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT LOCAL LAW ENFORCEMENT AGENCIES ARE AUTHORIZED TO CONFISCATE MOTOR VEHICLE REGISTRATION CERTIFICATES AND PLATES WHERE THE SECURITY REQUIRED BY CHAPTER 10 OF TITLE 56 HAS LAPSED.

Without reference.

H. 3425 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-77-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISIONS PROHIBITING AN INCREASE IN AUTOMOBILE INSURANCE PREMIUMS AFTER CERTAIN FIRST OFFENSE VIOLATIONS, SO AS TO PROVIDE THAT A PERSON WHO IS ISSUED A CITATION FOR CARELESS OR NEGLIGENT DRIVING IN VIOLATION OF A COUNTY OR MUNICIPAL ORDINANCE AND WHO IS FOUND GUILTY OF THAT VIOLATION MAY NOT HAVE HIS PREMIUMS INCREASED AS A RESULT OF A FIRST OFFENSE.

Without reference.

H. 3426 -- Rep. P. Harris: A BILL TO AMEND SECTION 1-11-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYEES AND RETIREES OF CERTAIN ENTITIES ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO INCLUDE THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC.

Referred to Committee on Ways and Means.

H. 3427 -- Rep. Snow: A BILL TO AMEND SECTION 50-11-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NIGHT HUNTING, SO AS TO REVISE THE DEFINITION OF "NIGHT".

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

H. 3428 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE TAKING OF CERTAIN FISH AND CRUSTACEANS, SO AS TO REVISE THE RESTRICTIONS PERTAINING TO RED DRUM.

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

H. 3429 -- Rep. Snow: A BILL TO AMEND SECTION 50-11-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEDERAL MIGRATORY BIRD TREATY ACT, SO AS TO REVISE PENALTIES.

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

H. 3430 -- Rep. Harrelson: A BILL TO ENACT THE SOUTH CAROLINA LAW ENFORCEMENT COMMISSION ACT OF 1993 BY ADDING CHAPTER 49 TO TITLE 23 OF THE 1976 CODE, SO AS TO CREATE THE SOUTH CAROLINA LAW ENFORCEMENT COMMISSION, PROVIDE FOR ITS MEMBERSHIP, DUTIES AND POWERS AND RESPONSIBILITIES; BY AMENDING SECTION 23-3-10, AND ARTICLES 3 AND 5, CHAPTER 3 OF TITLE 23, RELATING TO THE STATE LAW ENFORCEMENT DIVISION, CHAPTER 5, TITLE 23, RELATING TO THE STATE HIGHWAY PATROL; SECTIONS 57-3-10, 57-3-30, AND 57-3-610, AND ADDING SECTION 57-3-615 RELATING TO VARIOUS DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION PROVISIONS; ARTICLE 3, CHAPTER 3 OF TITLE 58, RELATING TO THE LAW ENFORCEMENT DEPARTMENT OF THE PUBLIC SERVICE COMMISSION; SECTIONS 61-1-60, 61-3-220, 61-5-100, 61-5-140, 61-9-1050, 61-13-410, 61-13-810, AND 61-13-836, RELATING TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION AND THE ENFORCEMENT OF CERTAIN ALCOHOLIC BEVERAGE LAWS, AND SO AS TO PROVIDE THAT THE SOUTH CAROLINA LAW ENFORCEMENT COMMISSION IS RESPONSIBLE FOR THE ENFORCEMENT OF ALL CRIMINAL LAWS, INCLUDING TRAFFIC OFFENSES, MISDEMEANORS, AND FELONIES, AND CIVIL LAWS, THE VIOLATION OF WHICH MAY RESULT IN A FINE OR OTHER PENALTY BEING ASSESSED AGAINST THE VIOLATOR, WHICH LAWS ARE NOW ENFORCED BY PERSONNEL EMPLOYED BY AND UNDER THE JURISDICTION OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE WILDLIFE AND MARINE RESOURCES COMMISSION, SOUTH CAROLINA LAW ENFORCEMENT COMMISSION, AND THE LAW ENFORCEMENT DEPARTMENT OF THE PUBLIC SERVICE COMMISSION; TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE COMMISSION MUST BE STRUCTURED AND FOR THE PERSONNEL THEREOF, TO PROVIDE FOR THE MAINTENANCE AND SERVICE OF VEHICLES OF THE DIVISION BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, TO PROVIDE FOR CERTAIN TRANSITIONAL PROVISIONS INCLUDING THE TRANSFER OF PERSONNEL, APPROPRIATIONS, AND PROPERTY; TO ABOLISH THE SOUTH CAROLINA ALCOHOLIC BEVERAGE CONTROL COMMISSION AND TRANSFER ITS REGULATORY POWERS, DUTIES, AND RESPONSIBILITIES TO THE SOUTH CAROLINA TAX COMMISSION AND ITS REGULATION AND LAW ENFORCEMENT AND INSPECTION RESPONSIBILITIES TO THE SOUTH CAROLINA LAW ENFORCEMENT COMMISSION; TO AMEND SECTIONS 61-1-10 AND 61-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, SO AS TO ABOLISH THE COMMISSION AND PROVIDE FOR THE APPOINTMENT OF AN ALCOHOLIC BEVERAGE CONTROL HEARING OFFICER WITHIN THE TAX COMMISSION TO BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, TO PROVIDE FOR THE TERM, DUTIES, POWERS, AND QUALIFICATIONS OF THE OFFICER; TO AMEND SECTIONS 61-1-60, 61-1-65, 61-1-70, 61-1-80, 61-1-90, 61-1-95, AND SECTION 61-3-20, RELATING TO THE ENFORCEMENT OF REGULATIONS GOVERNING ALCOHOLIC BEVERAGES AND BEER AND WINE, PROHIBITIONS AS TO CERTAIN ACTIVITIES OR INTERESTS BY MEMBERS OR EMPLOYEES OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION; AUTHORIZATION TO THE COMMISSION TO ISSUE REGULATIONS, AUTHORITY OF THE COMMISSION TO IMPOSE PENALTIES, APPEALS FROM DECISIONS OF THE COMMISSION, CONDITION UNDER WHICH LICENSE ISSUED BY THE COMMISSION MUST BE SURRENDERED, TRANSFERABILITY, SUSPENSION, OR REVOCATION OF THESE LICENSES AND DEFINITIONS USED IN CHAPTER 3 OF TITLE 61 (THE ALCOHOLIC BEVERAGE CONTROL ACT), SO AS TO DELETE REFERENCES TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION AND TRANSFER ITS DUTIES, POWERS, AND RESPONSIBILITIES TO THE TAX COMMISSION AND THE SOUTH CAROLINA LAW ENFORCEMENT COMMISSION; PROVIDE THAT THE REGULATIONS PROMULGATED BY THE ALCOHOLIC BEVERAGE CONTROL COMMISSION REMAIN IN FORCE UNTIL MODIFIED OR RESCINDED BY THE TAX COMMISSION; AND TO REPEAL SECTIONS 23-3-20 THROUGH 23-3-60, 50-3-110, 50-3-120, 61-1-30, 61-1-40, AND 61-1-50, RELATING TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SUPERVISION OF THE WARDEN FORCE BY THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES COMMISSION, DESIGNATION OF CONSERVATION OFFICERS, PROHIBITED ACTIVITIES OF THE MEMBERS OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, TRANSFER OF POWERS AND DUTIES FROM THE TAX COMMISSION TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, AND THE AUTHORITY OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO APPOINT AN ATTORNEY.

Referred to Committee on Judiciary.

H. 3431 -- Rep. Felder: A JOINT RESOLUTION TO PROVIDE THAT FOR THE YEAR 1993 IN GAME ZONE 3 THE SEASON FOR HUNTING QUAIL WITH WEAPONS IS EXTENDED THROUGH MARCH FIFTEENTH.

On motion of Rep. FELDER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 3432 -- Reps. Corning and Waites: A BILL TO AMEND SECTION 48-20-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MINING ACT AND CERTIFICATES OF EXPLORATION, SO AS TO PROVIDE THAT AN EXPLORER ENGAGING IN EXPLORATION INVOLVING AN AFFECTED AREA GREATER THAN TWO ACRES IS REQUIRED TO OBTAIN AN OPERATING PERMIT IN ACCORDANCE WITH SECTIONS 48-20-60 AND 48-20-70, AS WELL AS SECTION 48-20-75 (ENVIRONMENTAL IMPACT STATEMENT), PROVIDE THAT, IF THE EXPLORER DOES NOT RECEIVE NOTIFICATION OF DENIAL OF THE CERTIFICATE WITHIN SIXTY, RATHER THAN FIFTEEN, CALENDAR DAYS OF THE TENDERING OF THE APPLICATION, THE APPLICATION IS APPROVED, PROVIDE THAT, IF THE CERTIFICATE IS DENIED, THE EXPLORER MUST BE GIVEN AN ADDITIONAL TEN, RATHER THAN THIRTY, CALENDAR DAYS EITHER TO APPEAL OR TO MODIFY ITS APPLICATION FOR RECONSIDERATION, PROVIDE THAT PUBLIC NOTICE AND PUBLIC HEARING REQUIREMENTS OF CHAPTER 20 OF TITLE 48 APPLY TO AN APPLICATION FOR A CERTIFICATE AND THE PROCESSING AND GRANTING OF THE CERTIFICATE, DELETE PROVISIONS TO THE EFFECT THAT THE APPLICATION FOR A CERTIFICATE, AS WELL AS THE CERTIFICATE, IF ANY, AND ANY MATERIAL SUBMITTED WITH THE APPLICATION, MUST BE TREATED AS CONFIDENTIAL TRADE SECRETS AND PROPRIETARY BUSINESS INFORMATION, AND PROVIDE THAT THE APPLICATION, THE CERTIFICATE, IF ANY, AND ANY MATERIAL SUBMITTED WITH THE APPLICATION ARE NOT EXEMPT FROM DISCLOSURE AND CONSTITUTE PART OF THE PUBLIC RECORD; TO AMEND SECTIONS 48-20-60 AND 48-20-70, RELATING TO OPERATING PERMITS UNDER THE MINING ACT, SO AS TO REFERENCE THE REQUIREMENT OF AN ENVIRONMENTAL IMPACT STATEMENT, AND PROVIDE THAT AN OPERATING PERMIT MUST BE DENIED UPON FINDING THAT THE MINING OPERATION WILL CONSTITUTE A SUBSTANTIAL PHYSICAL HAZARD TO A PRIVATE ROAD OR OTHER PRIVATE PROPERTY; TO AMEND THE 1976 CODE BY ADDING SECTION 48-20-75 SO AS TO REQUIRE THE SUBMISSION OF AN ENVIRONMENTAL IMPACT STATEMENT TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL BEFORE AN OPERATING PERMIT MAY BE ISSUED UNDER THE MINING ACT; TO AMEND SECTION 48-20-80, RELATING TO MODIFICATION OF AN OPERATING PERMIT, SO AS TO REFERENCE THE REQUIREMENT FOR AN ENVIRONMENTAL IMPACT STATEMENT, AND PROVIDE THAT AN OPERATING PERMIT MAY BE MODIFIED TO INCLUDE LAND NEIGHBORING THE AFFECTED OR PERMITTED LAND AND OTHER LANDS; TO AMEND THE 1976 CODE BY ADDING SECTION 48-20-85 SO AS TO REQUIRE THE SUBMISSION OF AN ENVIRONMENTAL IMPACT STATEMENT TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL BEFORE AN OPERATING PERMIT ISSUED UNDER THE MINING ACT MAY BE MODIFIED; TO AMEND THE 1976 CODE BY ADDING SECTION 48-20-87 SO AS TO PROVIDE THAT AN APPEAL TO THE COURTS MUST BE TAKEN FROM ANY DECISION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO APPROVE OR DISAPPROVE, OR TO MODIFY OR REFUSE TO MODIFY, AN ENVIRONMENTAL IMPACT STATEMENT UNDER SECTIONS 48-20-75 OR 48-20-85, RESPECTIVELY, PROVIDE FOR WHO MAY APPEAL, AND PROVIDE FOR WHERE THE APPEAL MAY BE FILED; AND TO AMEND THE 1976 CODE BY ADDING SECTION 48-20-95 SO AS TO EXEMPT THE PROPOSED OPERATOR OR THE OPERATOR OF ANY SANDPIT OR ROCK QUARRY FROM THE REQUIRED ENVIRONMENTAL IMPACT STATEMENTS OF SECTIONS 48-70-75 AND 48-20-85.

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

H. 3433 -- Rep. Corning: A BILL TO AMEND SECTION 20-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE CHILDREN'S CODE, SO AS TO REVISE THE DEFINITION OF "CHILD".

Referred to Committee on Judiciary.

H. 3434 -- Reps. Quinn, Haskins, Shissias, Tucker and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-15-20 SO AS TO PROVIDE THAT A STATE EMPLOYEE WHOSE ANNUAL COMPENSATION IS IN EXCESS OF EIGHTY THOUSAND DOLLARS MAY NOT RECEIVE SUPPLEMENTAL EMPLOYMENT OR INCOME FROM SOURCES OUTSIDE THE STATE AGENCY PRIMARILY EMPLOYING HIM WHEN THE SUPPLEMENTAL INCOME IS DERIVED FROM THE STATE AND TO PROVIDE EXCEPTIONS.

Referred to Committee on Ways and Means.

H. 3435 -- Rep. G. Bailey: A BILL TO AMEND SECTION 40-79-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "BURGLAR ALARM SYSTEM BUSINESS" AND ACTIVITIES WHICH ARE NOT CONSIDERED WITHIN THE MEANING OF THIS DEFINITION, SO AS TO REVISE THIS DEFINITION AND CERTAIN EXCEPTIONS TO IT; TO AMEND SECTION 40-79-50, AS AMENDED, RELATING TO LICENSING OF PERSONS TO ENGAGE IN AN ALARM SYSTEM BUSINESS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE LICENSING BOARD FOR CONTRACTORS MAY DENY A LICENSE APPLICATION; AND TO AMEND SECTION 40-79-140, AS AMENDED, RELATING TO STANDARDS AN APPLICANT MUST MEET TO QUALIFY FOR AN ALARM SYSTEM BUSINESS LICENSE, SO AS TO REVISE CERTAIN OF THESE STANDARDS.

Referred to Committee on Labor, Commerce and Industry.

H. 3436 -- Reps. Mattos, J. Bailey, Boan, Tucker, Harrell, Rogers, McElveen, Holt, Sheheen, H. Brown, Waites, G. Bailey, Cobb-Hunter, A. Young, Hines, R. Smith, McKay, Harwell, G. Brown, Quinn, Wilkins, White, P. Harris, Phillips, Neilson, M.O. Alexander, Littlejohn, Carnell, Cooper, Byrd, Anderson, Wright, Neal, Huff, McMahand, Wells, Wofford, Harrison, Walker, Rhoad, Riser, Kinon, Shissias, Stuart, Sturkie, Robinson, Delleney, Farr, Breeland, McLeod, T.C. Alexander, Worley, Cato, J. Wilder, Baxley, Trotter, Kelley, Davenport, Chamblee, Vaughn, Clyborne, Graham, Stille, Spearman, McCraw, Beatty, Hutson, Witherspoon, Baker, Gonzales, D. Smith, Williams, Fair, Inabinett, Gamble, Whipper, Stone, Hodges, Houck, Allison, Kirsh, Klauber, Moody-Lawrence, Marchbanks, D. Wilder, Law, McTeer, Haskins, Richardson, Corning and Barber: A BILL TO AMEND SECTION 44-29-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNIZATIONS REQUIRED OF SCHOOL PUPILS SO AS TO INCLUDE CHILDREN ATTENDING PUBLIC OR PRIVATE CHILD DAY CARE FACILITIES.

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

H. 3437 -- Reps. Wright and Quinn: A BILL TO PROVIDE FOR THE ELECTION OF THE LEXINGTON COUNTY BOARD OF EDUCATION IN A NONPARTISAN ELECTION HELD AT THE TIME OF THE GENERAL ELECTION, TO REDUCE THE TERMS OF BOARD MEMBERS FROM FIVE YEARS TO FOUR, AND TO PROVIDE TRANSITION PROVISIONS RELATING TO THE TERMS OF CURRENT MEMBERS, AND TO PROVIDE FOR THE METHOD OF FILLING VACANCIES ON THE LEXINGTON COUNTY BOARD OF EDUCATION AND ON SCHOOL DISTRICT BOARDS OF TRUSTEES IN LEXINGTON COUNTY INCLUDING THE RICHLAND COUNTY PORTION OF SCHOOL DISTRICT 5.

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

S. 319 -- Senator Greg Smith: A BILL TO REPEAL A JOINT RESOLUTION OF 1992 BEARING ACT NUMBER 314, RELATING TO THE REQUIREMENT THAT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ALLOW THE INCLUSION OF RIVER GRAVEL IN PROJECTS APPROVED BY BID.

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

S. 357 -- Senators Saleeby, McConnell, Passailaigue, Cork, Washington, Richter, Rose, Mescher, Ford, Courson, Bryan, Courtney, Drummond, Elliott, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McGill, Mitchell, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Russell, Ryberg, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Williams and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-365 SO AS TO PRECLUDE ANY INCREASE IN AUTOMOBILE INSURANCE PREMIUMS FOR FIRST OFFENSE CONVICTIONS OF CARELESS OR NEGLIGENT OPERATION OF A MOTOR VEHICLE, IN VIOLATION OF ANY MUNICIPAL ORDINANCE, IF THE VIOLATION OCCURRED PRIOR TO JUNE 1, 1993, AND TO PROVIDE FOR THE APPLICATION OF A CREDIT AGAINST RENEWAL PREMIUMS IN THE CASE OF AN INSURED WHOSE AUTOMOBILE INSURANCE PREMIUM HAS ALREADY INCREASED.

Referred to Committee on Labor, Commerce and Industry.

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

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Bailey, G.
Bailey, J.             Barber                 Baxley
Beatty                 Boan                   Breeland
Brown, G.              Brown, H.              Brown, J.
Carnell                Cato                   Chamblee
Clyborne               Cobb-Hunter            Corning
Cromer                 Davenport              Delleney
Elliott                Fair                   Farr
Felder                 Fulmer                 Gamble
Gonzales               Govan                  Graham
Hallman                Harrell                Harrelson
Harris, J.             Harris, P.             Harvin
Haskins                Hines                  Hodges
Holt                   Houck                  Hutson
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Keyserling
Kinon                  Kirsh                  Klauber
Koon                   Lanford                Law
Littlejohn             Marchbanks             Martin
Mattos                 McAbee                 McCraw
McElveen               McKay                  McLeod
McMahand               McTeer                 Meacham
Moody-Lawrence         Neilson                Phillips
Quinn                  Rhoad                  Richardson
Riser                  Robinson               Rogers
Rudnick                Scott                  Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Spearman
Stille                 Stone                  Stuart
Thomas                 Townsend               Trotter
Tucker                 Vaughn                 Waites
Waldrop                Walker                 Wells
Whipper                White                  Wilder, D.
Wilder, J.             Wilkes                 Williams
Witherspoon            Wofford                Worley
Wright                 Young, A.              Young, R.

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

Thomas E. Huff                    Ralph W. Canty
B. Hicks Harwell                  Michael F. Jaskwhich
Joseph H. Neal                    Dell Baker
C. Lenoir Sturkie                 Eugene C. Stoddard
Daniel T. Cooper                  David H. Wilkins
James H. Harrison

The SPEAKER granted Rep. SNOW a leave of absence for the week.

I was not present during the Session but arrived in time to attend the Committee meetings on Wednesday, February 3.

James P. Harrelson

Announcement was made that Dr. Stanley C. Baker of Greenwood is the Doctor of the Day for the General Assembly.

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

H. 3373 -- Reps. Kelley, Worley, Witherspoon, Snow and Keegan: A BILL TO AMEND ACT 166 OF 1977 RELATING TO DESIGNATING A PORTION OF HORRY COUNTY A COUNTY FAIR, SO AS TO PROVIDE THAT THE DESIGNATION IS NOT RESTRICTED DURING CERTAIN TIMES OF THE YEAR.

H. 3020 -- Reps. P. Harris, Waldrop, Neilson, Allison, Baxley, Cromer, Gamble, J. Harris, Harrison, Haskins, Inabinett, Jaskwhich, Littlejohn, Martin, Mattos, Phillips, Rhoad, Rudnick, Shissias, Stille, Vaughn, Waites, Walker, Wells, Whipper, J. Wilder, Wilkes, Marchbanks and Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-115 SO AS TO REQUIRE THE SOUTH CAROLINA COMMISSION ON AGING IN CONJUNCTION WITH THE SOUTH CAROLINA HOUSING FINANCE AND DEVELOPMENT AUTHORITY AND THE JOINT LEGISLATIVE COMMITTEE ON AGING TO ANNUALLY SPONSOR A "SENIOR HOUSING INSTITUTE" AND TO REPORT ANNUALLY TO THE GENERAL ASSEMBLY AND THE GOVERNOR.

H. 3115 -- Reps. T.C. Alexander, Snow, Riser and Witherspoon: A BILL TO AMEND SECTION 47-13-1370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF TESTS FOR EQUINE INFECTIOUS ANEMIA REQUIRED FOR THE PUBLIC ASSEMBLY OF HORSES, SO AS TO REVISE THE TIME PERIOD DURING WHICH CERTAIN TESTS MUST BE CONDUCTED, AND TO PROVIDE THAT THE COGGINS TEST FOR EQUINE INFECTIOUS ANEMIA, WHETHER ADMINISTERED WITHIN OR WITHOUT THIS STATE, IS REQUIRED TO BE ADMINISTERED ONLY ONCE A YEAR TO ANY HORSE OR ANIMAL REGARDLESS OF THE NUMBER OF TIMES THE ANIMAL IS SHOWN, SOLD, EXHIBITED, OR HOUSED IN A PUBLIC STABLE OR PLACE IN THIS STATE DURING THAT YEAR.

H. 3200 -- Rep. Snow: A BILL TO REPEAL SECTION 50-17-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION NUMBERS ON LICENSED SHRIMP TRAWLERS.

H. 3043 -- Rep. Scott: A BILL TO AMEND SECTION 22-3-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S AUTHORITY TO SUSPEND SENTENCES IN CERTAIN CASES, SO AS TO PROVIDE THAT UP TO ONE HUNDRED HOURS OF COMMUNITY SERVICE MAY BE IMPOSED WHERE AN AMOUNT IS NOT PROVIDED OTHERWISE.

H. 3289 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-54-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO EXTEND THE DEFINITION OF "CLAIMANT AGENCY" TO THE MUNICIPAL ASSOCIATION OF SOUTH CAROLINA AND THE SOUTH CAROLINA ASSOCIATION OF COUNTIES WHEN THESE ORGANIZATIONS SUBMIT CLAIMS ON BEHALF OF THEIR MEMBERS; AND TO AMEND SECTION 12-54-460, AS AMENDED, RELATING TO SETOFF PROCEDURES, SO AS TO DELETE THE EXEMPTION OF INTERNAL REVENUE SERVICE CLAIMS FROM THE ADMINISTRATIVE FEE.

H. 3366 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: FULL COST DISCLOSURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1490, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

The following Bill was taken up.

H. 3412 -- Rep. McLeod: A BILL TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION FOR SUMTER COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR SUMTER COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE SUMTER COUNTY ELECTION COMMISSION AND THE SUMTER COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW SUMTER COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.

Rep. McLEOD, with unanimous consent, proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8859DW.93), which was adopted.

Amend the bill, as and if amended, page 2, line 16, after /divisions/ by inserting /during the period from the effective date of this act until the general election of 1994/.

Amend further, page 2, line 20, after /division./ by inserting:

/After the general election of 1994, the members of the commission may organize the staff of the commission as it considers appropriate./

Amend title to conform.

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

The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

S. 276 -- Senators Drummond, Setzler, J. Verne Smith, Stilwell, Moore, Giese, Washington, Leventis, Ryberg, Ford, Lander, Courson, Cork, Land, Hayes and Waldrep: A BILL TO AMEND ACT 501 OF 1992, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR 1992-93, SO AS TO AUTHORIZE CERTAIN REALLOCATIONS FOR A PORTION OF EDUCATION IMPROVEMENT ACT FUNDS ORIGINALLY APPROPRIATED TO THE CAMPUS INCENTIVE PROGRAM.

The following Bill was taken up.

H. 3049 -- Rep. Cromer: A BILL TO AMEND SECTION 40-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPOSITION OF THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO DELETE THE REQUIREMENT THAT THE MEMBER REPRESENTING EACH CONGRESSIONAL DISTRICT MUST PRACTICE IN THAT DISTRICT, DELETE PROVISIONS RELATING TO STAGGERED TERMS FOR INITIAL APPOINTMENTS, AND MAKE TECHNICAL CORRECTIONS.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15094AC.93), which was adopted.

Amend the bill, as and if amended, Section 40-47-10, page 1, line 39 by inserting before the period /in South Carolina/, so that when amended the first paragraph in Section 40-47-10 reads:

/Section 40-47-10. There is created the State Board of Medical Examiners to be composed of ten members, one of whom must be a lay member, one of whom must be a doctor of osteopathy, two of whom must be physicians or surgeons from the State-at-large, and six of whom must be physicians or surgeons representing each of six congressional districts. All members of the board must be residents of this State, and each member representing a congressional district shall reside and practice in the district he the member represents. All physician members of the board must be licensed by the board and must be practicing their profession in South Carolina./

Renumber sections to conform.

Amend title to conform.

Rep. HOUCK explained the amendment.

The amendment was then adopted.

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

The following Bill was taken up.

H. 3135 -- Reps. Corning, Quinn, Hallman, Cato, Jaskwhich, Shissias, Harrison, Harrell, Waites, Littlejohn, A. Young, Vaughn, Haskins, J. Bailey, Walker, Simrill, Robinson, D. Wilder, J. Wilder, G. Brown, Graham, Kirsh, Davenport, Stone, Meacham and Wells: A BILL TO AMEND ACT 610 OF 1990, RELATING TO THE JUDICIARY, SO AS TO EXTEND THE LIMIT ON DIRECT SOLICITING OF MEMBERS OF THE GENERAL ASSEMBLY FOR VOTES FOR JUDICIAL CANDIDATES BEFORE THE QUALIFICATIONS OF ALL CANDIDATES FOR THE OFFICE ARE DETERMINED BY THE JUDICIAL SCREENING COMMITTEE TO INDIRECT SOLICITATION, TO DEFINE INDIRECT SOLICITATION AND PROVIDE EXCEPTIONS TO REQUIRE THE COMMITTEE TO CONSIDER VIOLATIONS OF THIS SECTION WHEN CONSIDERING A CANDIDATE'S QUALIFICATIONS; AND TO DESIGNATE SECTION 6, PART IV, ACT 610 OF 1990 AS SECTION 2-19-70, CODE OF LAWS OF SOUTH CAROLINA, 1976.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5274HC.93).

Amend the bill, as and if amended, by striking Section 2-19-70, as contained in SECTION 1, and inserting:

/Section 2-19-70.     No candidate for judicial office may seek directly or indirectly 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 judicial screening committee, nor may a member offer the pledge until the qualifications of all candidates for that office have been determined by the judicial screening committee. For purposes of this section, indirectly seeking a pledge means the candidate or someone acting on behalf of and at the request of the candidate requesting a person, before screening, to contact a member of the General Assembly on behalf of the candidate. The prohibitions of this section do not extend to an announcement of candidacy by the candidate and statements by the candidate detailing the candidate's qualifications.

Violations of this section may be considered by the screening committee when it considers the candidate's qualifications./

Amend title to conform.

Rep. HODGES explained the amendment.

Rep. RUDNICK moved to adjourn debate upon the Bill until Wednesday, February 10, which was adopted.

The following Bill was taken up.

H. 3181 -- Reps. Jennings, Delleney, Govan, Baxley, Tucker and Elliott: A BILL TO AMEND SECTION 20-7-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF JUVENILE CASES, SO AS TO DELETE THE CAP ON THE AMOUNT OF RESTITUTION THAT A COURT MAY ORDER A JUVENILE TO PAY AND TO PROVIDE THAT THIS AMOUNT IS IN THE COURT'S DISCRETION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\12898AC.93).

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

/SECTION     1.     Section 20-7-1330(a) of the 1976 Code, as last amended by Act 615 of 1988, is further amended to read:

"(a)     place the child on probation or under supervision in his the child's own home or in the custody of a suitable person elsewhere, upon conditions as the court may determine. A child placed on probation by the court remains under the authority of the court only until the expiration of the specified term of his probation. This specified term of probation may expire before but not after the eighteenth birthday of the child. Probation means casework services during a continuance of the case. Probation must not be ordered or administered as punishment, but as a measure for the protection, guidance, and well-being of the child and his the child's family. Probation methods must be directed to the discovery and correction of the basic causes of maladjustment and to the development of the child's personality and character, with the aid of the social resources of the community. The court may impose monetary restitution, or participation in supervised work or community service, or both, as a condition of probation. The Department of Youth Services, in coordination with local community agencies, shall develop and encourage employment of a constructive nature designed to make reparation and to promote the rehabilitation of the child. If the court imposes as a condition of probation a requirement that restitution in a specified amount be paid, the amount to be paid as restitution may not exceed five hundred dollars is within the court's discretion. When considering the appropriate amount of monetary restitution to be ordered, the court shall establish the monetary loss suffered by the victim and then weigh and consider this amount against the number of individuals involved in causing the monetary loss, the juvenile's particular role in causing this loss, and the juvenile's ability to pay the amount over a reasonable period of time. The Department of Youth Services shall develop a system for the transferring of a court ordered restitution from the juvenile to the victim or owner of property injured, destroyed, or stolen;".

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

Amend title to conform.

Rep. HODGES explained the amendment.

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

The SPEAKER overruled the Point of Order.

Rep. WHIPPER moved to adjourn debate upon the Bill until Wednesday, February 10, which was adopted.

The following Bill was taken up.

H. 3175 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-435 SO AS TO PROVIDE FOR AN OFFENSE FOR FRAUDULENT ACQUISITION OF PUBLIC FUNDS OR BENEFITS AND TO PROVIDE PENALTIES; AND TO REPEAL SECTION 16-13-430 RELATING TO FRAUDULENT ACQUISITION OR USE OF FOOD STAMPS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\12899AC.93), which was adopted.

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

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

"Section 16-13-435.         (A)     It is unlawful for a person by means of a false statement or representation, an impersonation, a failure to disclose information, or by other fraudulent device knowingly or intentionally to obtain, attempt to obtain, or aid, abet, or assist another person in obtaining or attempting to obtain a grant or payment of public assistance, Food Stamp Program benefits, medical assistance (Medicaid), or other assistance to which the person is not entitled under a social, health, or nutritional program except as authorized by a federal or state law or regulations. A person who violates this subsection is guilty of a felony and, upon conviction, if the assistance acquired or used is of a value of one thousand dollars or more, must be fined not more than five thousand dollars, or imprisoned for not more than five years, or both. If the assistance acquired or used is less than one thousand dollars, the person is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than three years, or both; however, if the assistance acquired or used is of a value not exceeding two hundred dollars, the case must be prosecuted in magistrate's court and the punishment is not more than is permitted by law without presentment or indictment of the grand jury.

(B)     It is unlawful for an individual, partnership, corporation, or other legal entity to issue Food Stamp Program benefits in a manner not authorized by federal law and regulations or state law and regulations or to use, transfer, acquire, or possess in any other manner benefits from the Food Stamp Program other than as authorized by federal or state law or federal or state regulations. An individual, partnership, corporation, or other legal entity that violates this subsection is guilty of a felony and, upon conviction, if the food stamp benefits are of a value of one hundred dollars or more, must be fined not more than ten thousand dollars or imprisoned for not more than five years, or both, or is guilty of a misdemeanor and, upon conviction, if the benefits are of a value of less than one hundred dollars, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both. Punishment for an offense under this subsection also may include suspension from participation in the Food Stamp Program for a period of time as provided by federal law or regulation.

(C)     The State through the prosecuting entity has the option to consider each benefit paid a separate offense or may elect to consider the cumulative total of all past benefits paid as one offense under this section."

SECTION     2.     Section 16-13-430 of the 1976 Code is repealed.

SECTION     3.     This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. HUFF explained the amendment.

The amendment was then adopted.

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

The following Joint Resolution was taken up.

H. 3278 -- Reps. Carnell, McAbee, Boan, H. Brown and J. Harris: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 206 OF 1989, RELATING TO APPROPRIATING MONIES FROM THE CAPITAL RESERVE FUND FOR 1988-89, SO AS TO CHANGE THE AUTHORIZATION FOR EDUCATIONAL TELEVISION.

Reps. RHOAD, CARNELL, McABEE and P. HARRIS proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5301DW.93), which was adopted.

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

/SECTION ___.     Section 32B(1), Part II, Act 171 of 1991 is amended to read:

"B. (1)     Monies credited to the Commission on Aging Fund may be used only for funding authorized in this section for the projects identified in the Senior Citizens Center Survey published by the Commission on Aging in October, 1989, and updated August, 1990. Projects must be established in the order of priority and the project funding amounts within the limits established proscribed in subsection (C) of this section as identified in the Commission on Aging's 1990 Overall Permanent Improvement Plan Submission. The order of priority and the project funding amounts can be changed by the Joint Bond Review Committee and the State Budget and Control Board at the request of the Commission on Aging."/

Amend title to conform.

Rep. McABEE explained the amendment.

The amendment was then adopted.

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

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

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

H. 3365 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: WASTE TIRES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1488, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. SHARPE explained the Joint Resolution.

H. 3367 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO HUNT UNITS AND WILDLIFE MANAGEMENT AREA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1576, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3368 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO REPEAL OF REGULATIONS CHANGED BY STATUTE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1577, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

The following Bill was taken up.

H. 3371 -- Reps. Carnell and Farr: A BILL TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO INCREASE THE MEMBERSHIP OF THE JOINT COMMITTEE; TO AMEND SECTIONS 58-3-20 AND 58-3-24, RELATING TO THE PUBLIC SERVICE COMMISSION AND ITS MEMBERSHIP, SO AS TO DELETE REFERENCES TO THE PUBLIC SERVICE COMMISSION MERIT SELECTION PANEL; AND TO REPEAL SECTIONS 58-3-21, 58-3-22, 58-3-23, AND 58-3-25, RELATING TO THE PUBLIC SERVICE COMMISSION MERIT SELECTION PANEL.

Rep. CARNELL explained the Bill.

Rep. KIRSH objected to the Bill.

Rep. BAXLEY moved to adjourn debate upon the Bill until Wednesday, February 10, which was adopted.

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

The Senate returned to the House with concurrence the following:

H. 3354 -- Reps. Scott, J. Bailey, J. Wilder, Allison, Neal, Harrell, Rhoad, Harrison, Gonzales, P. Harris, Thomas, Riser, Townsend, Snow, Robinson, Jennings, Canty, Spearman, Delleney, Worley, D. Smith, Hines, Hodges, Lanford, T.C. Alexander, Carnell, Wells, Corning, Witherspoon, Williams, McAbee, Kennedy, Richardson, Haskins, McTeer, McMahand, Boan, Baker, Inabinett, Breeland, Govan, G. Bailey, Sheheen, G. Brown, Jaskwhich, Graham, Law, Sturkie, Koon, Wright, White, Cooper, Baxley, Harrelson, McLeod, Byrd, Shissias, Neilson, Stille, Sharpe, Tucker, Holt, Whipper, Waites and Hallman: A CONCURRENT RESOLUTION TO COMMEND FORMER GOVERNOR RICHARD W. RILEY ON BEING SELECTED AS SECRETARY OF THE UNITED STATES DEPARTMENT OF EDUCATION.

H. 3410 -- Reps. Phillips, Carnell, Kinon, Marchbanks and Robinson: A CONCURRENT RESOLUTION TO CONGRATULATE ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED BUSINESS AND CIVIC LEADERS, MR. ROGER MILLIKEN OF SPARTANBURG, UPON HIS INDUCTION INTO THE SOUTH CAROLINA HALL OF FAME.

H. 3422 -- Rep. Spearman: A CONCURRENT RESOLUTION TO CONGRATULATE LOIS CROUCH MATHENY ADDY OF SALUDA COUNTY UPON REACHING HER 100TH BIRTHDAY.

At 12:55 P.M. the House in accordance with the motion of Rep. G. BROWN adjourned in memory of Mrs. Jessie T. Wright, to meet at 2:00 P.M. tomorrow.

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