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:

As in privilege we bow again in prayer, we thank You, Lord, that while you see us as we ought to be, You love us as we are. Make us to know that if we spent half as much time thanking God for His blessing we would have no time left to complain about our problems. We thank You for the crocus and the jonquil, a sure and certain sign that God's promise of the springtime is not far away. Make us content with our station in life, never with our achievement, and that our following God is like an airplane ride: the higher we rise, the smaller the problems on earth appear.

Lord, look with favor upon this our prayer. 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.

Rep. KINON moved that when the House adjourns, it adjourn in memory of Mr. Grover Gordon McLaurin, Sr., who practiced law in Dillon County for eighty-four years and died at the age of 106, which was agreed to.

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

Document No. 1603
Promulgated By Commission on Higher Education
Licensing Nonpublic Postsecondary Educational Institutions
Received By Speaker February 17, 1993
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date January 24, 1994

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

H. 3520 -- Reps. Byrd, J. Brown, Cobb-Hunter, Scott, Waites, Inabinett, White, Shissias, J. Bailey, Whipper, Neal, Harrell, Stille, Rogers, Hines, McMahand, Anderson, Breeland, Canty, Beatty, Corning, Wofford, Klauber, Harvin, Cromer, Moody-Lawrence, Barber and Kennedy: A CONCURRENT RESOLUTION DESIGNATING WEDNESDAY, MARCH 3, 1993, AS "NATIONAL COUNCIL OF NEGRO WOMEN LEGISLATIVE RECOGNITION DAY" IN SOUTH CAROLINA.

Whereas, Mary McLeod Bethune founded the National Council of Negro Women (NCNW) in l935; and

Whereas, her goal was to unite Black women's social, civic, religious, and professional organizations under one principal banner as a way to confront and overcome racism, lack of opportunity, and problems in health and education which plagued the Black community; and

Whereas, today NCNW represents thirty-three affiliated organizations with a membership of over four million women, and the Council's 250 local community-based sections mobilize their own communities around specific programs based on commitment, unity, and self-reliance; and

Whereas, NCNW makes its impact felt on behalf of African-American women, children, and families every day, and the excellent work of this outstanding organization is highly deserving of recognition. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, designates Wednesday, March 3, 1993, as "National Council of Negro Women Legislative Recognition Day" in South Carolina.

Be it further resolved that a copy of this resolution be forwarded to Mrs. Sarah C. Leonard, State Convener, National Council of Negro Women, Inc., South Carolina State Mechanism, P.O. Box 30704, Charleston, South Carolina 29417.

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

The Senate sent to the House the following:

S. 429 -- Senators Passailaigue, McConnell, Washington, Greg Smith, Rose, Richter and Ford: A CONCURRENT RESOLUTION CONGRATULATING MR. WILLIAM SAUNDERS, PRESIDENT AND GENERAL MANAGER OF WPAL IN CHARLESTON, SOUTH CAROLINA, FOR BEING INDUCTED INTO THE SOUTH CAROLINA BROADCASTER'S ASSOCIATION HALL OF FAME.

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

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

H. 3521 -- Reps. Wofford, H. Brown, Simrill and A. Young: A BILL TO AMEND SECTION 20-7-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITIONAL POWERS OF THE FAMILY COURT AND PROCEDURES USED IN ADJUDICATING CASES, SO AS TO PERMIT THE COURT TO IMPOSE BOTH MONETARY RESTITUTION AND COMMUNITY SERVICE RESTITUTION AS CONDITIONS OF PROBATION, TO REQUIRE JUVENILES PERFORMING COMMUNITY SERVICE RESTITUTION TO PAY A SUPERVISION FEE, TO REQUIRE JUVENILES PAYING MONETARY RESTITUTION TO PAY A SURCHARGE ON THE AMOUNT, AND TO ALLOW THE DEPARTMENT OF YOUTH SERVICES TO RETAIN AND CARRY FORWARD THESE FEES FOR THE PURPOSE OF ADMINISTERING THESE PROGRAMS.

Referred to Committee on Judiciary.

H. 3522 -- Reps. Barber, Quinn, Sturkie, Holt, Waites, Harrison, Robinson, Walker, Meacham, Haskins and Neal: A BILL TO AMEND CHAPTER 1, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS OF HIGHWAYS, BRIDGES AND FERRIES, SO AS TO RENAME CHAPTER 1, CREATE ARTICLE 1 GENERAL PROVISIONS, ARTICLE 3 OFFICE OF THE SECRETARY OF TRANSPORTATION, AND ARTICLE 5 TRANSPORTATION OVERSIGHT COMMISSION, TO REORGANIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION BY RENAMING IT AND ESTABLISHING THE GENERAL STRUCTURE OF THE DEPARTMENT AND TO PROVIDE FOR THE TRANSFER OF FUNCTIONS, POWERS, AND DUTIES FROM OTHER STATE AGENCIES, A SECRETARY OF TRANSPORTATION AS ITS CHIEF ADMINISTRATIVE OFFICER, TO CREATE AN OVERSIGHT COMMISSION, AND TO PROVIDE POWERS AND DUTIES; TO AMEND ARTICLE 1, CHAPTER 3, TITLE 57, RELATING TO GENERAL PROVISIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO PROVIDE FOR GENERAL PROVISIONS FOR THE RESPONSIBILITIES OF THE SECRETARY OF TRANSPORTATION; TO AMEND ARTICLE 3, CHAPTER 3, TITLE 57, RELATING TO THE STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION, SO AS TO ABOLISH THE COMMISSION AND PROVIDE FOR THE POWERS AND DUTIES OF THE DIVISIONS OF THE DEPARTMENT; TO AMEND ARTICLE 7, CHAPTER 3, TITLE 57, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, BY ADDING SECTIONS 57-3-600 SO AS TO PROVIDE FOR AN AFFIDAVIT FROM A DONOR OR CONTRACTOR BEFORE A COUNTY OR MUNICIPALITY ACCEPTS THE DEED TO A NEWLY CONSTRUCTED ROAD AND 57-3-780 SO AS TO REQUIRE THE DEPARTMENT TO PROVIDE A WRITTEN DETERMINATION ON PROVIDING CERTAIN FEATURES TO HIGHWAY BEFORE A HIGHWAY OR ROAD IS CONSTRUCTED; TO AMEND ARTICLE 11, CHAPTER 3, TITLE 57, RELATING TO THE INTERAGENCY COUNCIL ON PUBLIC TRANSPORTATION, SO AS TO REVISE ITS MEMBERSHIP TO CONFORM TO CHANGES IN THE DEPARTMENT; TO AMEND ARTICLE 3, CHAPTER 11, TITLE 57, RELATING TO HIGHWAY BONDS, SO AS TO CREATE A STATE HIGHWAY BOND FUND AND STATE HIGHWAY BOND DEBT SERVICE ACCOUNT; TO AMEND THE 1976 CODE BY ADDING SECTION 12-27-35 SO AS TO REQUIRE THAT GASOLINE TAXES IMPOSED BE REPORTED AND AGGREGATED BY COUNTY; TO AMEND SECTION 2-7-105, AS AMENDED, RELATING TO AUTHORIZATION FOR CAPITAL IMPROVEMENT BONDS, SO AS TO PROVIDE FOR THE ISSUANCE OF STATE HIGHWAY BONDS IN EVEN NUMBERED YEARS; TO AMEND SECTION 11-17-10, RELATING TO DEFINITION FOR BORROWING BY STATE AGENCIES, SO AS TO INCLUDE STATE HIGHWAY BONDS IN THE DEFINITION OF BONDS; TO AMEND SECTIONS 1-11-220, 1-11-230, 1-11-240, 1-11-250, 1-11-260, 1-11-270, 1-11-280, 1-11-290, 1-11-300, 1-11-310, AS AMENDED, 1-11-315, 1-11-320, AND 1-11-330, RELATING TO MANAGEMENT OF STATE FLEET VEHICLES, SO AS TO TRANSFER POWER FROM THE BUDGET AND CONTROL BOARD TO THE DEPARTMENT OF TRANSPORTATION AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-27-400, AS AMENDED, RELATING TO "C" CONSTRUCTION FUNDS, SO AS TO REVISE THE RATIO FOR APPORTIONMENT AND TO PROVIDE FOR EXPENDITURES BY THE COUNTY COUNCILS; TO DIRECT THE CODE COMMISSIONER TO CHANGE CERTAIN REFERENCES; TO PROVIDE FOR THE TERM OF DIRECTORS AND COMMISSIONERS OF CERTAIN BOARDS TO CONTINUE; AND TO REPEAL ARTICLE 5, CHAPTER 3, TITLE 57, RELATING TO THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND OTHER PERSONNEL, SECTIONS 12-27-1260, 12-27-1280, AND 12-27-1300, RELATING TO STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY PROGRAM (SHIMS), 1-11-340, RELATING TO EXEMPTING SCHOOL BUSES FROM APPLICABILITY OF MOTOR VEHICLES MANAGEMENT PROVISIONS, AND SECTION 2 OF ACT 383 OF 1986, RELATING TO CHANGING REFERENCES IN THE 1976 CODE ON EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

Referred to Committee on Judiciary.

H. 3523 -- Reps. Sharpe, M.O. Alexander, T.C. Alexander, G. Bailey, Cato, Davenport, Chamblee, Fulmer, Jaskwhich, Carnell, Kennedy, Lanford, Littlejohn, Riser, R. Smith, Townsend, Vaughn, Wells, Wilkins, Wofford, A. Young, Wright, R. Young, Harrison, J. Wilder, Stuart, Gamble, D. Wilder, Witherspoon, Simrill, Richardson, Waites, Law, Keegan, Shissias, Quinn, Allison, Walker, H. Brown, Robinson, Elliott, Koon, McAbee, Stone, J. Harris and Gonzales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-9-440 SO AS TO MAKE IT A FELONY FOR A PERSON BY FRAUDULENT CONDUCT TO ENABLE AN EMPLOYER, CARRIER, EMPLOYEE, DEPENDENT, OR SERVICE PROVIDER TO OBTAIN AN UNDESERVED ECONOMIC ADVANTAGE OR BENEFIT UNDER THE WORKERS' COMPENSATION LAW AND PROVIDE A PENALTY, TO PROVIDE, AMONG OTHER THINGS, THAT THE WORKERS' COMPENSATION COMMISSION SHALL PROMPTLY REFER ALL CASES OF SUSPECTED FRAUD TO THE OFFICE OF THE ATTORNEY GENERAL, AND TO ADD THE CRIME PROVIDED IN SECTION 42-9-440(A) TO THE LIST OF CRIMES CLASSIFIED AS FELONIES IN SECTION 16-1-10.

Referred to Committee on Judiciary.

H. 3524 -- Reps. Sharpe, M.O. Alexander, T.C. Alexander, G. Bailey, Cato, Davenport, Chamblee, Fulmer, Jaskwhich, Carnell, Kennedy, Lanford, Littlejohn, Riser, R. Smith, Townsend, Vaughn, Wells, Wilkins, Wofford, A. Young, Wright, R. Young, Harrison, J. Wilder, Stuart, Gamble, D. Wilder, Witherspoon, Simrill, Richardson, Waites, Law, Keegan, Shissias, Quinn, Allison, Walker, H. Brown, Robinson, Elliott, Koon, McAbee, Stone, J. Harris and Corning: A BILL TO AMEND SECTION 42-9-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EMPLOYER'S NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS OF COMPENSATION HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT WHEN AN EMPLOYEE HAS BEEN OUT OF WORK DUE TO A REPORTED WORK RELATED INJURY OR OCCUPATIONAL DISEASE FOR EIGHT DAYS, AN EMPLOYER MAY START TEMPORARY TOTAL DISABILITY PAYMENTS IMMEDIATELY AND MAY CONTINUE THE PAYMENTS FOR UP TO ONE HUNDRED TWENTY DAYS WITHOUT WAIVER OF ANY GROUNDS FOR DENIAL OF A CLAIM AS MAY APPEAR FOLLOWING A GOOD FAITH INVESTIGATION AND THAT THE PENALTY FOR FAILURE TO COMPLY WITH THIS SECTION IS PERMISSIBLE RATHER THAN MANDATORY.

Referred to Committee on Labor, Commerce and Industry.

H. 3525 -- Reps. Sharpe, M.O. Alexander, T.C. Alexander, G. Bailey, Cato, Davenport, Chamblee, Fulmer, Jaskwhich, Carnell, Kennedy, Lanford, Littlejohn, Riser, R. Smith, Townsend, Vaughn, Wells, Wilkins, Wofford, A. Young, Wright, R. Young, Harrison, J. Wilder, Stuart, Gamble, D. Wilder, Witherspoon, Simrill, Richardson, Waites, Law, Keegan, Shissias, Quinn, Allison, Walker, H. Brown, Robinson, Elliott, Koon, McAbee, Stone, J. Harris and Gonzales: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND THE PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE THAT A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK IS PRESUMED, RATHER THAN DEEMED, TO BE TOTAL AND PERMANENT DISABILITY, AND TO PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE.

Referred to Committee on Labor, Commerce and Industry.

H. 3526 -- Reps. Shissias, Rogers, H. Brown, White, A. Young, Gonzales, Keyserling, Hallman, Simrill, Neal, Kirsh, R. Young, Wofford, Moody-Lawrence, Corning, Waites, Harrison, Jaskwhich, Gamble, Canty, Riser, Stuart, G. Bailey, Quinn, Harrell, Whipper, Richardson, McMahand, Askins, Chamblee, Vaughn, J. Wilder, Phillips, Hutson, Allison, Cato, Fair, Baker, Waldrop, Farr, J. Harris, Beatty, Meacham, Haskins, Hines, Neilson, Davenport and Wells: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-17-375 SO AS TO REQUIRE THE CLERKS OF COURT TO PROVIDE REPORTS OF PERSONS DELINQUENT IN CHILD SUPPORT PAYMENTS IN EXCESS OF ONE THOUSAND DOLLARS TO CONSUMER REPORTING AGENCIES.

Referred to Committee on Judiciary.

H. 3527 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EXPERIMENTAL PROGRAMS, THE DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1486, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3528 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TRADE AND INDUSTRIAL EDUCATION TEACHER CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1579, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3529 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BUILDINGS AND GROUNDS, DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1578, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3530 -- Reps. Barber, Hallman, R. Young, Holt, Whipper, J. Bailey and Breeland: A BILL TO AMEND SECTION 56-5-3860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANIMALS, BICYCLES, AND CERTAIN OTHER VEHICLES PROHIBITED ON CONTROLLED-ACCESS HIGHWAYS, SO AS TO PROVIDE FOR A WAIVER BY A COUNTY COUNCIL.

Referred to Committee on Education and Public Works.

H. 3531 -- Reps. Littlejohn, G. Bailey and Walker: A BILL TO AMEND CHAPTER 25, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 SO AS TO PROVIDE FOR SMOKE DETECTOR REQUIREMENTS IN RESIDENTIAL DWELLINGS, INCLUDING MANUFACTURED HOUSING, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Labor, Commerce and Industry.

H. 3533 -- Reps. A. Young, Simrill, Meacham, Vaughn, Corning, Huff, Fulmer, Harrison, Harrell, Shissias and Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE IN THE CASE OF TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND, TO PROVIDE THAT THE TEN ACRE REQUIREMENT DOES NOT APPLY IF THERE IS AT LEAST ONE THOUSAND DOLLARS OF GROSS FARM INCOME FOR AT LEAST THREE OF THE FIVE TAXABLE YEARS PRECEDING THE APPLICATION FOR AGRICULTURAL USE, TO MAKE NEW OWNERS OF LESS THAN TEN ACRES ELIGIBLE FOR AGRICULTURAL USE SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATION, TO AUTHORIZE THE ASSESSOR TO OBTAIN TAX INFORMATION AND THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE FARM IDENTIFICATION NUMBER TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT IN THE CASE OF LEASE OPERATIONS, THE LESSOR OR LESSEE SHALL MEET THE REQUIREMENTS, AND TO REQUIRE APPLICANTS FOR AGRICULTURAL USE OR THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS TO CERTIFY THAT THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL TO MAKE A FALSE STATEMENT ON AN APPLICATION FOR AGRICULTURAL USE AND THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS AND PROVIDE A PENALTY; AND TO EXEMPT FROM THE ROLLBACK TAX LANDOWNERS MADE INELIGIBLE FOR AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.

Referred to Committee on Ways and Means.

H. 3537 -- Rep. McAbee: A BILL TO AMEND CHAPTER 5, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF TRANSPORTATION, POSSESSION, CONSUMPTION, AND SALE OF ALCOHOLIC BEVERAGES, BY ADDING SECTION 61-5-185 RELATING TO LICENSING OF BONA FIDE NONPROFIT ORGANIZATIONS AND BUSINESS ESTABLISHMENTS UNDER SECTION 61-5-50 WHEN LOCATED EAST OF THE INTERCOASTAL WATERWAY IN A COUNTY WHERE THE ANNUAL ACCOMMODATIONS TAX COLLECTIONS EXCEED SIX MILLION DOLLARS.

Referred to Committee on Labor, Commerce and Industry.

H. 3538 -- Rep. Davenport: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO IMPEACHMENT OF CERTAIN OFFICERS, BY ADDING SECTION 4, SO AS TO PROVIDE FOR RECALLING AND REMOVING FROM PUBLIC OFFICE PERSONS HOLDING STATE OR LOCAL GOVERNMENT OFFICES FILLED BY A VOTE OF QUALIFIED ELECTORS AND TO REQUIRE THE GENERAL ASSEMBLY TO ENACT IMPLEMENTING LEGISLATION.

Referred to Committee on Judiciary.

H. 3539 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 14 TO CHAPTER 13 OF TITLE 8 SO AS TO PROHIBIT ACTIVE PARTICIPATION IN PARTISAN POLITICAL MANAGEMENT OR IN PARTISAN POLITICAL CAMPAIGNS BY A PERSON EMPLOYED BY AN AGENCY OR INSTRUMENTALITY OF THE STATE OR BY A POLITICAL SUBDIVISION OF THE STATE WHOSE WAGES, SALARY, OR COMPENSATION IS PAID, IN WHOLE OR IN PART, BY STATE FUNDS, AND TO PROVIDE EXCEPTIONS.

Referred to Committee on Judiciary.

H. 3540 -- Rep. Cromer: A BILL TO AMEND ACT 503 OF 1990, RELATING TO THE ENACTMENT OF THE CLEAN INDOOR AIR ACT OF 1990, SO AS TO PROVIDE THAT, IN THE INDOOR FOOD CONSUMPTION OR DINING AREAS OF RESTAURANTS AND CAFETERIAS AND OTHER EATING OR DINING ESTABLISHMENTS WHICH SERVE FOOD FOR CONSUMPTION ON THE PREMISES TO THE GENERAL PUBLIC, THE OWNER, MANAGER, OR AGENT IN CHARGE OF THE PREMISES SHALL DISPLAY SIGNS DESIGNATING SMOKING AND MANDATORY NONSMOKING AREAS, TO PROVIDE FOR RELATED MATTERS, AND TO PROVIDE A PENALTY.

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

H. 3541 -- Rep. Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-145 SO AS TO ALLOW VOTER REGISTRATION AT CERTAIN STATE AGENCIES.

Referred to Committee on Judiciary.

S. 44 -- Senator Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-100 SO AS TO PROVIDE FOR EXPEDITED PROCESSING OF INDIVIDUAL INCOME TAX REFUNDS BY THE SOUTH CAROLINA TAX COMMISSION IN HARDSHIP CASES.

Referred to Committee on Ways and Means.

S. 47 -- Senators Passailaigue and Rose: A BILL TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-140 SO AS TO AUTHORIZE A STATE AGENCY TO CONTRACT BY THE COMPETITIVE BIDDING PROCESS, FOR THE SALE OF ADVERTISING SPACE, TO PROVIDE FOR THE DISTRIBUTION OF THE ADVERTISING REVENUE, TO PROVIDE THE REQUIREMENTS WHICH THE ADVERTISING AND THE SALE OF THE ADVERTISING MUST MEET, AND TO PROVIDE A PROCEDURE FOR WRITTEN OBJECTION TO ADVERTISING PLACED PURSUANT TO THE PROVISIONS OF THIS SECTION.

Referred to Committee on Ways and Means.

S. 51 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-24-45 SO AS TO PROVIDE FOR THE RIGHT TO RE-EXAMINATION AFTER A DEFENDANT IS COMMITTED TO THE SOUTH CAROLINA STATE HOSPITAL FOLLOWING A VERDICT OF "NOT GUILTY BY REASON OF INSANITY".

Referred to Committee on Judiciary.

S. 74 -- Senator McConnell: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY ADJOURNMENT, SO AS TO PROVIDE FOR SINE DIE ADJOURNMENT IN NOVEMBER INSTEAD OF JUNE AND TO PROVIDE WHAT BUSINESS MAY BE CONSIDERED UNTIL SINE DIE ADJOURNMENT.

Referred to Committee on Judiciary.

S. 194 -- Senators Hayes, Stilwell, Waldrep, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-25-325 SO AS TO PROVIDE A JUDGMENT AND SENTENCE OF A COURT OF GENERAL SESSIONS IN A CRIMINAL CASE AGAINST AN INDIVIDUAL MAY BE ENFORCED AS A JUDGMENT IS ENFORCED IN THE COURT OF COMMON PLEAS IN CIVIL ACTIONS.

Referred to Committee on Judiciary.

S. 199 -- Senators Hayes, Martin and Waldrep: A BILL TO AMEND SECTION 5-23-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF A LOCAL BOARD OF ADJUSTMENT, SO AS TO PROVIDE THAT A MUNICIPALITY BY ORDINANCE MAY PERMIT OR PRECLUDE A VARIANCE FOR A USE OF A LAND, BUILDING, OR STRUCTURE.

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

The following was introduced:

H. 3532 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING MS. REBEKAH WALTER UPON BEING NAMED TEACHER OF THE YEAR FOR 1993-94 AT MORRISON ELEMENTARY SCHOOL IN CLEMSON.

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

The following was introduced:

H. 3534 -- Rules Committee: A HOUSE RESOLUTION TO AMEND RULE 5.3, RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE REQUIREMENT THAT THE GENERAL APPROPRIATIONS BILL, AND THE SUPPLEMENTAL APPROPRIATIONS BILL HAVE ATTACHED A CERTIFICATE FROM THE COMPTROLLER GENERAL, SO AS TO DELETE THE REQUIREMENT THAT THE HOUSE WAYS AND MEANS COMMITTEE VERSION, HOUSE VERSION, AND REPORT OF CONFERENCE, OR FREE CONFERENCE VERSION OF THE APPROPRIATIONS BILL MUST INCLUDE THE AMOUNTS APPROPRIATED FOR THE CURRENT YEAR AND THAT THE WAYS AND MEANS COMMITTEE VERSION NOT INCLUDE THE AMOUNTS RECOMMENDED BY THE BUDGET AND CONTROL BOARD.

Be it resolved by the House of Representatives:

That Rule 5.3a., b., and c. are amended to read:

"a.     The House Ways and Means Committee version of the Appropriations Bill must include the amounts appropriated for the current year, the amounts recommended by the Budget and Control Board, and the amounts recommended by the Ways and Means Committee.

b.     The House version of the Appropriations Bill must include the amounts appropriated for the current year, the amounts recommended by the Ways and Means Committee, and the amounts passed by the House.

c.     The Report of Conference or Free Conference Committee must include the amounts passed by the House, the amounts passed by the Senate, the amounts agreed upon by the Conference Committee, and the amounts appropriated for the current year."

Rep. McTEER explained the Resolution.

The question then recurred to the adoption of the Resolution.

The yeas and nays, were taken resulting as follows:

Those who voted in the affirmative are:

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

Those who voted in the negative are:

Baxley                 Brown, J.              Canty

So, the Resolution was adopted.

The following was introduced:

H. 3535 -- Reps. Harvin and Canty: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THAT PORTION OF HIGHWAY 378 BETWEEN INTERSTATE I-95 AND THE TOWN OF TURBEVILLE "CLARENCE E. COKER HIGHWAY" IN HONOR OF C.E. COKER AND TO PLACE APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY REFLECTING THE DESIGNATION.

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

The following was introduced:

H. 3536 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. LEROY LANGSTON (ROY) ANDERSON OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

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.             Baker                  Baxley
Beatty                 Boan                   Breeland
Brown, G.              Brown, H.              Brown, J.
Byrd                   Carnell                Cato
Clyborne               Cobb-Hunter            Cooper
Corning                Davenport              Delleney
Elliott                Fair                   Farr
Fulmer                 Gamble                 Gonzales
Graham                 Hallman                Harrelson
Harris, J.             Harris, P.             Harrison
Harvin                 Haskins                Hines
Hodges                 Holt                   Houck
Hutson                 Inabinett              Jaskwhich
Jennings               Keegan                 Kelley
Keyserling             Kinon                  Kirsh
Klauber                Koon                   Lanford
Law                    Littlejohn             Marchbanks
Martin                 Mattos                 McAbee
McCraw                 McKay                  McLeod
McMahand               McTeer                 Meacham
Moody-Lawrence         Neilson                Phillips
Rhoad                  Richardson             Riser
Robinson               Rogers                 Rudnick
Sharpe                 Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Spearman               Stille                 Stoddard
Stone                  Stuart                 Sturkie
Thomas                 Townsend               Trotter
Tucker                 Vaughn                 Waites
Waldrop                Walker                 Wells
Whipper                White                  Wilder, D.
Wilder, J.             Wilkes                 Wilkins
Williams               Witherspoon            Wofford
Worley                 Wright                 Young, A.
Young, R.

I came in after the roll call and was present for the Session on Thursday, February 18.

Kenneth Kennedy                   Ralph W. Canty
James L.M. Cromer, Jr.            Robert W. Harrell, Jr.
Jerry N. Govan, Jr.               Joseph T. McElveen, Jr.
John G. Felder                    B. Hicks Harwell
Robert A. Barber, Jr.             Joseph H. Neal

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

Rep. McLEOD 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, February 17.

I was not present during the Session but arrived in time to attend the Committee meetings on Wednesday, February 17.

Marion P. Carnell

Announcement was made that Dr. Lawrence Heavrin of Spartanburg is the Doctor of the Day for the General Assembly.

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

H. 3495 -- Reps. Baxley and J. Harris: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO KEEP OPEN THE SATELLITE OFFICE FOR RENEWING DRIVER'S LICENSES AND REGISTRATIONS IN CHESTERFIELD COUNTY.

H. 3498 -- Reps. Vaughn, Wilkins, Cato, Fair, Clyborne, Jaskwhich, Haskins, Anderson, McMahand, Mattos, M.O. Alexander and Baker: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO REDESIGNATE CERTAIN POLLING PLACES.

S. 239 -- Senator Washington: A BILL TO AMEND SECTION 2-281, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO THE WALTERBORO-COLLETON COUNTY AIRPORT COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE COMMISSION.

H. 3014 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 21 TO TITLE 44 SO AS TO PROVIDE FOR FAMILY SUPPORT SERVICES THROUGH THE DEPARTMENT OF MENTAL RETARDATION.

H. 3295 -- Reps. Tucker and D. Smith: A BILL TO AMEND SECTION 27-21-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF PROPERTY RECOVERED BY THE SHERIFF OR POLICE CHIEF, SO AS TO CHANGE THE TIME FOR A PUBLIC AUCTION TO SIXTY DAYS.

Rep. KLAUBER explained the Bill.

S. 172 -- Senators Giese, Passailaigue, Elliott, Holland, Lander, McGill, Mitchell, Russell, Short, Greg Smith, Waldrep, Washington, Glover and Rose: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA COMMISSION ON AGING IN COOPERATION WITH THE SOUTH CAROLINA HOUSING FINANCE AND DEVELOPMENT AUTHORITY TO ESTABLISH A TASK FORCE TO STUDY HOME EQUITY CONVERSION MORTGAGES AND TO REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON AGING.

H. 3015 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 40-35-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, SO AS TO DEFINE "ACCREDITED COLLEGE OR UNIVERSITY" AND CHANGE THE BOARD NAME TO THE BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS.

H. 3165 -- Reps. P. Harris, Waldrop, Neilson, Allison, Cromer, Haskins, Jaskwhich, Littlejohn, Marchbanks, Mattos, Phillips, Rudnick, Shissias, Snow, Stille, Vaughn, Wells, Whipper, J. Wilder and Wilkes: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA COMMISSION ON AGING, THE SOUTH CAROLINA DEPARTMENT OF EDUCATION, AND THE SOUTH CAROLINA AREA AGENCIES ON AGING TO EXPLORE INTEGRATING TOPICS RELATING TO AGING INTO CURRENT PUBLIC SCHOOL CURRICULUM AND TO PROMOTE VOLUNTEERISM WITHIN THE SCHOOL SYSTEM.

H. 3022 -- Rep. M.O. Alexander: A BILL TO AMEND SECTION 44-53-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE SALE AND USE OF CLEANING AGENTS CONTAINING PHOSPHATES, SO AS TO PROVIDE THAT CLEANING AGENTS USED BY INDUSTRY FOR FABRIC OR FIBER CLEANING IS EXEMPT FROM THESE RESTRICTIONS.

Rep. WILKES explained the Bill.

H. 3507 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO ADJUSTMENT OF DOLLAR AMOUNTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1517, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3508 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO THE MODULAR BUILDINGS CONSTRUCTION ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1483, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. McLEOD explained the Joint Resolution.

On motion of Rep. VAUGHN, with unanimous consent, it was ordered that H. 3498 be read the third time tomorrow.

On motion of Rep. HARRELSON, with unanimous consent, it was ordered that S. 239 be read the third time tomorrow.

Rep. WOFFORD asked unanimous consent that H. 3014 be read a third time tomorrow.

Rep. BEATTY objected.

On motion of Rep. KLAUBER, with unanimous consent, it was ordered that H. 3295 be read the third time tomorrow.

On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that H. 3165 be read the third time tomorrow.

On motion of Rep. WILKES, with unanimous consent, it was ordered that H. 3022 be read the third time tomorrow.

The following Bill was taken up.

H. 3462 -- Reps. Rudnick, Huff, Sharpe, R. Smith and Stone: A BILL TO AMEND SECTION 12-45-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ON DELINQUENT TAXES, SO AS TO ALLOW THE COUNTY TREASURER TO WAIVE PENALTIES UNDER CERTAIN CIRCUMSTANCES.

Rep. RUDNICK, with unanimous consent, proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\12990HC.93), which was adopted.

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

/SECTION     2.     This act takes effect upon approval by the Governor and applies with respect to taxes due in 1992./

Amend title to conform.

Rep. RUDNICK explained the amendment.

The amendment was then adopted.

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

The following Bill was taken up.

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.

Rep. HODGES moved to adjourn debate upon the Bill until Wednesday, February 24, which was adopted.

Rep. HODGES moved to adjourn debate upon the following Bill until Tuesday, February 23, which was adopted.

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.

The following Bill was taken up.

H. 3098 -- Rep. Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 35 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR SELECTIVE SERVICE BOARD MEMBERS, INCLUDING PROVISIONS THAT MAKE IT UNLAWFUL KNOWINGLY TO PERMIT THE LICENSE PLATE TO BE DISPLAYED ON A VEHICLE OTHER THAN THE ONE AUTHORIZED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

Rep. PHILLIPS explained the Bill.

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

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 3099 -- Rep. Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 47 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR MEMBERS OF THE SOUTH CAROLINA STATE GUARD, INCLUDING PROVISIONS WHICH SET AN ANNUAL FEE AND WHICH MAKE IT UNLAWFUL KNOWINGLY TO PERMIT THE LICENSE PLATE TO BE DISPLAYED ON A VEHICLE OTHER THAN THE ONE AUTHORIZED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

Rep. KIRSH objected to the Bill.

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

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 3208 -- Rep. Spearman: A BILL TO AMEND SECTIONS 56-3-1850 AND 56-3-1870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDAL OF HONOR LICENSE PLATES, SO AS TO PROVIDE THAT THE LICENSE PLATE MAY BE ISSUED AND TRANSFERRED TO A LEASED VEHICLE; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTION FOR AD VALOREM TAXES, SO AS TO PROVIDE THAT A LEASED VEHICLE WITH A MEDAL OF HONOR LICENSE PLATE IS EXEMPT FROM AD VALOREM TAXATION.

The Bill was read the second time and ordered to third reading by a division vote of 57 to 1.

On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that H. 3208 be read the third time tomorrow.

The following Bill was taken up.

H. 3310 -- Reps. Phillips, Rogers, McTeer, A. Young and Meacham: A BILL TO AMEND SECTION 59-63-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGE OF ATTENDANCE FOR THE PUBLIC SCHOOLS OF THIS STATE AND SECTION 59-65-10, RELATING TO THE RESPONSIBILITY OF PARENTS OR GUARDIANS TO CAUSE THEIR CHILDREN TO ATTEND SCHOOL SO AS TO CHANGE FROM NOVEMBER FIRST TO SEPTEMBER FIRST THE DATE IN A PARTICULAR SCHOOL YEAR WHICH DETERMINES A CHILD'S ELIGIBILITY FOR ATTENDANCE BASED ON AGE.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15168SD.93).

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

/SECTION_____.     Section 59-19-340 of the 1976 Code is amended to read:

"Section 59-19-340.     The board of trustees of each school district may establish and provide for the education of children who will attain the age of four on or before November September first of the applicable school year in child development programs. The board of trustees of school districts having programs serving three and four-year-olds on the date of enactment of this section may continue to serve three-year-old children."

Amend the bill further, as and if amended, by striking SECTION 3 and inserting:

/SECTION 3.     The provisions of Sections 59-19-340, 59-63-20 and 59-65-10 of the 1976 Code, as amended by this act, are applicable only to prekindergarten and kindergarten students for school year 1993-94 and beginning with the school year 1994-95 are applicable to all students in prekindergarten and grades K-12./

Renumber sections to conform.

Amend title to conform.

Rep. PHILLIPS explained the amendment.

Reps. WHIPPER, WHITE, GONZALES, KEYSERLING, CANTY, BEATTY, INABINETT, MOODY-LAWRENCE and J. BROWN objected to the Bill.

The following Bill was taken up.

H. 3053 -- Rep. Keyserling: A BILL TO AMEND SECTION 48-39-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON CONSTRUCTION, RECONSTRUCTION, AND ALTERATIONS UNDER THE BEACH MANAGEMENT ACT, SO AS TO PROVIDE AN EXEMPTION FROM THE PROHIBITION ON NEW EROSION CONTROL STRUCTURES OR DEVICES SEAWARD OF THE SETBACK LINE.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4258AL.93), which was adopted.

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

/SECTION     1.     Section 48-39-290(B)(2) of the 1976 Code, as last amended by Act 607 of 1990, is further amended by adding an appropriately lettered subitem to read:

"( )     Subitem (a) does not apply to a private island with an Atlantic Ocean shoreline of twenty thousand, two hundred ten feet of which twenty thousand, ninety feet of shoreline is revetted with existing erosion control devices and one hundred twenty feet of shoreline is not revetted with existing erosion control devices. Nothing contained in this subitem makes this island eligible for beach renourishment funds."/

Amend title to conform.

Rep. WILKES 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. WILKES, with unanimous consent, it was ordered that H. 3053 be read the third time tomorrow.

The following Bill was taken up.

H. 3136 -- Reps. J. Brown, Rudnick, Snow, McMahand, Byrd, Anderson, Holt, Canty, Haskins and Jaskwhich: A BILL TO AMEND SECTION 40-51-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF PODIATRY EXAMINERS SO AS TO CHANGE THE NAME OF THE BOARD TO THE BOARD OF PODIATRIC EXAMINERS, TO ADD AN ADDITIONAL MEMBER OF THE BOARD WHO MUST BE ENGAGED IN THE PRACTICE OF PODIATRY, AND TO REVISE AND FURTHER PROVIDE FOR THE QUALIFICATIONS OF MEMBERS OF THE BOARD AND FOR THE MANNER IN WHICH THE PODIATRIST MEMBERS OF THE BOARD ARE SELECTED.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15169SD.93), which was adopted.

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

/SECTION     1.     Section 40-51-30 of the 1976 Code is amended to read:

"Section 40-51-30.         For the purpose of carrying out the provisions of this chapter, the Governor shall appoint a Board of Podiatry Examiners, to consist of three four podiatrists, actually engaged in such this practice in the State and one consumer member. All members of the board must be residents of South Carolina. Nominations of the podiatrists for appointment to the board shall must be received by the Governor from any individual, group or association the South Carolina Board of Podiatry Examiners with all licensed active practicing podiatrists residing in this State having an opportunity to vote and being eligible to be candidates during a pre-announced election. The Governor shall appoint the consumer member from the State at large. The Governor may reject any or all of the nominees upon satisfactory showing as to the unfitness of those rejected. If the Governor declines to appoint any of the nominees submitted, additional nominees must be submitted in the same manner. The members of the board shall must be appointed by the Governor for terms of two years, respectively. The Governor may remove from office members of the Board of Podiatry Examiners for neglect of duties as required by this chapter or for malfeasance in office for unprofessional conduct. The State Board of Medical Examiners shall designate one medical doctor as a consultant to the board. The Attorney General of South Carolina shall act as is the legal advisor to the board with power to prosecute any violation of the provisions of this chapter."

SECTION     2.     The election of podiatric board member nominees, as provided for in Section 40-51-30 as amended in Section 1 of this act, must be conducted for those existing podiatric board member seats as the terms of those members expire.

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

Renumber sections to conform.

Amend title to conform.

Rep. WALDROP 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. WALDROP, with unanimous consent, it was ordered that H. 3136 be read the third time tomorrow.

The motion of Rep. QUINN to reconsider the vote whereby the following Bill was rejected was taken up.

S. 343 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-20-23 SO AS TO PROVIDE THAT IN AN ASSESSMENT APPEAL OF MANUFACTURING PROPERTY WHEN THE AMOUNT IN DISPUTE EXCEEDS THIRTY PERCENT OF A SCHOOL DISTRICT'S ASSESSED VALUE AND THE APPEAL EXTENDS FOR MORE THAN TWO YEARS, THE INDEX OF TAXPAYING ABILITY FOR THE DISTRICT MUST BE COMPUTED USING THE VALUE ASSERTED BY THE TAXPAYER IN THE APPEAL.

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

On motion of Rep. PHILLIPS, with unanimous consent, the following Bill was recalled from the Committee on Education and Public Works and was referred to the Committee on Ways and Means.

H. 3303 -- Reps. Neilson, J. Brown, R. Smith, G. Brown, Rudnick, Davenport, Elliott, Harwell, Hines, Byrd, Kinon, Breeland, Neal, Canty and Corning: A BILL TO AMEND SECTION 59-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS THAT MUST BE MET REGARDING THE LEVEL OF STATE CONTRIBUTION TO EACH SCHOOL DISTRICT UNDER THE PROVISIONS OF THE EDUCATION IMPROVEMENT ACT OF 1984, SO AS TO REQUIRE THE DEPARTMENT OF EDUCATION TO DEVELOP A MINIMUM SALARY SCHEDULE WHICH MUST INCLUDE MINIMUM SALARIES FOR TEACHERS WITH ZERO TO THIRTY YEARS' EXPERIENCE AND PROVIDE THAT THIS SCHEDULE BE PHASED IN BASED ON A DETERMINATION MADE EACH YEAR IN THE ANNUAL GENERAL APPROPRIATIONS ACT.

Rep. J. BAILEY, with unanimous consent, made a statement relative to a meeting with the S.C. Highway Department concerning the careless driving Bill.

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

The Senate returned to the House with concurrence the following:

H. 3532 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING MS. REBEKAH WALTER UPON BEING NAMED TEACHER OF THE YEAR FOR 1993-94 AT MORRISON ELEMENTARY SCHOOL IN CLEMSON.

H. 3536 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. LEROY LANGSTON (ROY) ANDERSON OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

At 11:15 A.M. the House in accordance with the motion of Rep. KINON adjourned in memory of Mr. Grover Gordon McLaurin, Sr., who practiced law in Dillon County for eighty-four years and died at the age of 106, to meet at 10:00 A.M. tomorrow.

This web page was last updated on Monday, June 29, 2009 at 3:45 P.M.