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:

Cause us, Lord God, to see this day and this week as another opportunity to serve God and to serve our fellowbeings. We know not what lies ahead, but we feel Your beckoning. Inspire us in our tasks, teaching us that a person who tries and fails may be forgiven, but one who never tries is already a failure. Help us to know further that the "armor of God" is never a suitable apparel to wear in an armchair. God forbid that we should ever be a people who feel we know it all today and stop learning tomorrow lest we become uneducated the day after.

Father God, be our inspiring coach today, tomorrow, and always. 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 Thursday, the SPEAKER ordered it confirmed.

Rep. FARR moved that when the House adjourns, it adjourn in memory of Merle P. Prince of the Buffalo Community in Union County, which was agreed to.

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

Document No. 1637
Promulgated By Board of Nursing
Licenses; Revocation and Suspension; Renewal; Fees
Received By Speaker April 8, 1993
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date March 15, 1994

Document No. 1573
Promulgated By Public Service Commission
Service Supplied by Gas Utilities
Received By Speaker April 8, 1993
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date March 15, 1994

Document No. 1596
Promulgated By Public Service Commission
Customer Relations
Received By Speaker April 8, 1993
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date March 15, 1994

The following was received.
Columbia, S.C., April 7, 1993
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 304:
S. 304 -- Senators Leatherman, Moore, J. Verne Smith, Leventis and Drummond: 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.
and has ordered the Joint Resolution Enrolled for Ratification.

Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., April 7, 1993
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 295:
S. 295 -- Senator Reese: A BILL TO AMEND ACT 318 OF 1965, AS AMENDED, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL FOR THE DISTRICT TO BORROW A MAXIMUM OF ONE MILLION DOLLARS INSTEAD OF A MAXIMUM OF TWO HUNDRED THOUSAND DOLLARS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

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

H. 3141 -- Reps. McLeod, G. Brown, Farr, H. Brown, Holt, Houck, McCraw, Hines, Walker, Neal, M.O. Alexander, McMahand, Breeland, Shissias, J. Harris, Phillips, Byrd and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-25-15 SO AS TO PROVIDE THAT THE PROHIBITION ON CERTAIN SIGNS IN THE HIGHWAY RIGHT-OF-WAY DOES NOT EXTEND TO A WELCOME SIGN ERECTED BY THE GOVERNING BODY OF A MUNICIPALITY OR COUNTY IF THE SIGN PRESENTS NO TRAFFIC HAZARD.

Ordered for consideration tomorrow.

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

H. 3372 -- Reps. J. Bailey, Gonzales, Fulmer, Quinn, Hallman, Huff, Harrell, Holt, R. Young, Harrison, Scott, Hodges, Wilkins, Jennings, Tucker and H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 31 TO TITLE 6 SO AS TO ENACT THE "SOUTH CAROLINA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT".

Ordered for consideration tomorrow.

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

H. 3454 -- Reps. R. Young and Gonzales: A BILL TO AMEND SECTION 12-51-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DELINQUENT TAX SALES, SO AS TO REQUIRE THE COUNTY TREASURER TO MARK UPON THE PUBLIC TAX RECORDS REGARDING REAL PROPERTY SOLD FOR TAXES THAT THE FUNDS USED TO PAY THE DELINQUENT TAXES WERE DERIVED FROM A TAX SALE AND THE DATE OF THE SALE.

Ordered for consideration tomorrow.

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

S. 196 -- Senators Hayes, Stilwell, Waldrep, Wilson and Martin: A BILL TO AMEND CHAPTER 5 OF TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-130 SO AS TO ABROGATE THE COMMON LAW RULE WHICH REQUIRES THE WORDS "AND HIS HEIRS" IN A DEED OF REALTY TO CONVEY PROPERTY IN FEE SIMPLE ABSOLUTE.

Ordered for consideration tomorrow.

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

S. 455 -- Senator Holland: A BILL TO AMEND SECTION 22-3-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S OR MUNICIPAL COURT UPON PETITION OF THE SOLICITOR IN THAT CIRCUIT TO THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE, SO AS TO DELETE TEMPORARY EFFECTIVENESS OF THE SECTION, PROVIDE THAT A CASE MAY BE TRANSFERRED FROM THE GENERAL SESSIONS COURT UNLESS THE DEFENDANT OBJECTS ON THE RECORD AFTER NOTIFICATION BY THE SOLICITOR RATHER THAN REQUIRING THE DEFENDANT TO AGREE IN WRITING TO THE TRANSFER AND PROVIDE THAT THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE IN THE CIRCUIT SHALL SET THE TERMS OF COURT AND ORDER THE MAGISTRATES AND MUNICIPAL JUDGES TO HOLD TERMS OF COURT ON SPECIFIC TIMES AND DATES FOR THE DISPOSITION OF THESE CASES, AND TO REPEAL SECTION 2 OF ACT 310 OF 1992 RELATING TO THE REQUIREMENT THAT THE COMMISSION ON PROSECUTION COORDINATION MUST COMPILE DATA ON THE NUMBER OF CASES TRANSFERRED UNDER THE PROVISION OF SECTION 22-3-545 AND MAKE A REPORT TO THE GENERAL ASSEMBLY NO LATER THAN MARCH 1, 1994.

Ordered for consideration tomorrow.

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

H. 3596 -- Reps. R. Smith and Stone: A BILL TO AMEND SECTION 59-67-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SPEED LIMIT FOR PUBLIC SCHOOL BUSES AND EXCEPTIONS, SO AS TO PROVIDE THAT NO PUBLIC SCHOOL BUS MAY BE OPERATED IN EXCESS OF FORTY-FIVE, RATHER THAN THIRTY-FIVE, MILES AN HOUR, EXCEPT AS PROVIDED IN SECTION 59-67-525, OR WHEN TRAVELING TO AND FROM SPECIAL EVENTS WHICH NECESSITATE TRAVEL ON INTERSTATE OR STATE PRIMARY HIGHWAYS.

Ordered for consideration tomorrow.

The Senate sent to the House the following:

S. 663 -- Senators Bryan, Drummond and Giese: A CONCURRENT RESOLUTION TO COMMEND DR. JAMES F. KANE, DEAN OF THE UNIVERSITY OF SOUTH CAROLINA'S COLLEGE OF BUSINESS ADMINISTRATION, FOR HIS MORE THAN TWENTY-FIVE YEARS OF TRULY OUTSTANDING SERVICE AS DEAN UPON THE OCCASION OF HIS RETIREMENT FROM THIS POSITION.

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. 3899 -- Reps. Thomas, Kelley, Vaughn, Sharpe, Govan, Graham, Harrison, Allison, Askins, Cooper, Stille, D. Smith, Neal, Corning, Beatty, Witherspoon, Canty, Delleney, Lanford, Trotter, Stone, D. Wilder, Hutson and Snow: A BILL TO AMEND SECTION 20-7-1700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTENTS OF A CONSENT OR RELINQUISHMENT FOR THE PURPOSE OF AN ADOPTION AND SECTION 20-7-1720, RELATING TO WITHDRAWAL OF CONSENT OR RELINQUISHMENT, BOTH SO AS TO PROVIDE THAT WITHDRAWAL OF CONSENT OR RELINQUISHMENT IS PERMITTED WITHIN SEVENTY-TWO HOURS.

Referred to Committee on Judiciary.

H. 3900 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LICENSING NONPUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1603, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3901 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO DEFINED MINIMUM PROGRAM FOR WIL LOU GRAY OPPORTUNITY SCHOOL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1612, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3902 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEXTBOOK ADOPTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1592, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3903 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, RELATING TO LICENSING OF NURSING HOME AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1620, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3904 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO MEDICAID ELIMINATION OF MEDICALLY NEEDY PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1572, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3905 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-65 SO AS TO DEFINE "TELECOMMUNICATIONS" AND "INFORMATION SERVICES" FOR PURPOSES OF THE SALES AND USE TAX AND TO PROVIDE FOR THE APPLICATION OF THE SALES TAX TO SUCH SERVICES; AND TO AMEND SECTIONS 12-36-60, 12-36-70, 12-36-110, 12-36-120, AS AMENDED, 12-36-910, AS AMENDED, 12-36-1310, AND 12-36-2120, AS AMENDED, ALL RELATING TO THE SALES AND USE TAX, SO AS TO CONFORM THEM TO THE REVISED APPLICATION OF THE SALES AND USE TAX TO TELECOMMUNICATIONS AND INFORMATION SERVICES.

Referred to Committee on Ways and Means.

H. 3906 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO PROVIDE THAT THE RETIREMENT INCOME DEDUCTION IS THE FIRST THREE THOUSAND DOLLARS OF RETIREMENT INCOME UNTIL AGE SIXTY-FIVE, WHEN THE DEDUCTION IS THE FIRST TEN THOUSAND DOLLARS OF RETIREMENT INCOME.

Referred to Committee on Ways and Means.

H. 3907 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO CLARIFY THE RETIREMENT INCOME EXCLUSION FOR SURVIVING SPOUSES; TO AMEND SECTION 12-7-437, RELATING TO THE DEDUCTION FROM TAXABLE INCOME OF A PORTION OF NET LONG-TERM CAPITAL GAIN, SO AS TO PROVIDE THAT THE DEDUCTION APPLIES TO NET CAPITAL GAIN; TO AMEND SECTION 12-7-1120, RELATING TO ALLOCATION OF INCOME, SO AS TO CLARIFY THE ALLOCATION OF DIVIDENDS OF SUBCHAPTER S CORPORATIONS; TO AMEND SECTION 12-7-1260, RELATING TO THE EMPLOYER'S CAPITAL EXPENDITURE CHILD CARE CREDIT, SO AS TO LIMIT THE CREDIT TO EMPLOYERS OF SOUTH CAROLINA RESIDENTS AND TO CAPITAL EXPENDITURES MADE IN THIS STATE; TO AMEND SECTION 12-7-1640, AS AMENDED, RELATING TO THE TIME FOR FILING INCOME TAX RETURNS, SO AS TO PROVIDE THAT ANY TAX DUE MUST BE PAID AT THE TIME THE RETURN IS FILED WITHOUT REGARD TO ANY EXTENSION; AND TO AMEND SECTION 12-7-2419, RELATING TO THE ELDERCARE TRUST FUND CHECKOFF, SO AS TO CLARIFY THAT THE CHECKOFF APPLIES ONLY TO INDIVIDUAL INCOME TAX RETURNS.

Referred to Committee on Ways and Means.

H. 3908 -- Rep. Kirsh: A BILL TO AMEND CHAPTER 4, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA TAX COMMISSION, BY ADDING ARTICLE 9 SO AS TO AUTHORIZE THE COMMISSION TO SEEK A DECLARATORY JUDGMENT TO DETERMINE THE CONSTITUTIONALITY OR LEGALITY OF A TAX LAW OR LAW PROVIDING FOR THE ADMINISTRATION OF TAXES, TO PROVIDE FOR THE CASE TO BE HEARD IN THE SUPREME COURT ON AN EXPEDITED BASIS, TO PROVIDE FOR THE APPLICATION OF TAX LAW SUBJECT TO THE ACTION, AND TO PROVIDE TAXPAYER REMEDIES.

Referred to Committee on Ways and Means.

H. 3909 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS CERTAIN PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.

Referred to Committee on Ways and Means.

H. 3910 -- Rep. Kirsh: A BILL TO AMEND SECTION 4-10-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTIONS FROM THE LOCAL SALES AND USE TAX COUNTY/MUNICIPAL REVENUE FUND, SO AS TO PROVIDE THAT ALL REVENUE FROM THE FUND MUST BE DISTRIBUTED TO COUNTIES AND MUNICIPALITIES BASED ON POPULATION RATHER THAN IN EQUAL PROPORTIONS BASED ON LOCATION OF SALES AND POPULATION.

Referred to Committee on Ways and Means.

H. 3911 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-462 SO AS TO REQUIRE THE STATE TO DEFEND GOVERNMENT OFFICERS AND EMPLOYEES ACTING WITHIN THE SCOPE OF THEIR EMPLOYMENT, TO REQUIRE THE STATE TO INDEMNIFY THEM FROM LOSS, WHETHER SUED IN THEIR OFFICIAL OR INDIVIDUAL CAPACITIES, OR BOTH, AND TO PROVIDE THAT SUCH OFFICERS AND EMPLOYEES ARE ACTING WITHIN THE SCOPE OF THEIR EMPLOYMENT WHEN ADMINISTERING A STATE LAW WHICH HAS NOT BEEN HELD UNCONSTITUTIONAL OR UNLAWFUL BY A FINAL DECISION OF A COURT OF COMPETENT JURISDICTION, AND TO DEFINE "FINAL DECISION".

Referred to Committee on Judiciary.

H. 3912 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-65 SO AS TO DEFINE "COMPUTER SOFTWARE" FOR PURPOSES OF THE SALES AND USE TAX; AND TO AMEND SECTION 12-36-60, RELATING TO THE DEFINITION OF TANGIBLE PERSONAL PROPERTY FOR PURPOSES OF THE SALES AND USE TAX, SO AS SPECIFICALLY TO INCLUDE COMPUTER SOFTWARE WITHIN THE DEFINITION.

Referred to Committee on Ways and Means.

H. 3913 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-36-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF GROSS PROCEEDS OF SALES FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO PROVIDE THAT GROSS PROCEEDS DO NOT INCLUDE THAT PORTION OF A CHARGE SUBJECT TO AND USE TAX ATTRIBUTABLE TO THE COST SET BY STATUTE FOR A GOVERNMENTAL LICENSE OR PERMIT.

Referred to Committee on Ways and Means.

H. 3914 -- Rep. Kirsh: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTERS 8, 10, AND 20, SO AS TO REVISE, REORGANIZE, AND RECODIFY STATE TAX LAWS IMPOSING THE INDIVIDUAL AND CORPORATE INCOME TAX, PROVIDING FOR THE WITHHOLDING OF INCOME TAXES, AND IMPOSING THE CORPORATION LICENSE TAX; TO AMEND TITLE 12 OF THE 1976 CODE BY ADDING CHAPTERS 56 AND 58, WHICH SHALL CONTAIN RESPECTIVELY THE FORMER PROVISIONS OF ARTICLE 3 OF CHAPTER 54, THE SETOFF DEBT COLLECTION ACT AND ARTICLE 5 OF CHAPTER 54, THE SOUTH CAROLINA TAXPAYERS' BILL OF RIGHTS; TO AMEND CHAPTER 54 OF TITLE 12 OF THE 1976 CODE BY ADDING SECTIONS 12-54-15, 12-54-17, 12-54-42, 12-54-47, 12-54-85, 12-54-127, AND 12-54-135 SO AS TO MOVE ENFORCEMENT PROVISIONS TO THE CHAPTER CONSTITUTING THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY THE SOUTH CAROLINA TAX COMMISSION; TO AMEND THE 1976 CODE BY ADDING SECTION 50-1-280, SO AS TO MOVE THE PROVISIONS RELATING TO THE NONGAME WILDLIFE AND NATURAL AREAS FUND TO THE APPROPRIATE LOCATION IN TITLE 50, RELATING TO FISH, GAME, AND WATERCRAFT; TO AMEND SECTION 12-4-330, RELATING TO WITNESSES BEFORE THE TAX COMMISSION, SO AS TO ALLOW COMMISSIONERS AND DESIGNATED OFFICERS TO ADMINISTER OATHS AND TAKE ACKNOWLEDGMENTS; TO AMEND SECTIONS 11-35-5230, 12-37-220, AS AMENDED, 12-54-30, AS AMENDED, 12-54-40, 12-54-55, AS AMENDED, 12-54-120, AS AMENDED, 12-54-210, 12-54-240, AS AMENDED, 41-44-10, 41-44-20, AND 41-44-70, ALL RELATING TO TAXATION, SO AS TO CONFORM THE SECTIONS TO THE RECODIFIED CHAPTERS ADDED BY THIS ACT, TO PROVIDE THAT A REPEAL OF A SECTION OF THE 1976 CODE BY THIS ACT DOES NOT PREVENT THE ASSESSMENT OR COLLECTION OF ANY TAX, INTEREST, OR PENALTIES DUE BEFORE THE EFFECTIVE DATE OF THIS ACT, TO PROVIDE FOR THE CONTINUAL APPLICATION OF CERTAIN TAX COMMISSION REGULATIONS PROMULGATED PURSUANT TO THE PREDECESSOR PROVISIONS OF THE CHAPTERS ADDED BY THIS ACT, TO PROVIDE FOR CROSS REFERENCES AND THE DUTIES OF THE CODE COMMISSIONER IN THE RECODIFICATION ACCOMPLISHED BY THIS ACT; AND TO REPEAL CHAPTERS 7, 9, AND 19 OF TITLE 12 AND SECTIONS 41-44-30, 41-44-40, 41-44-50, 41-44-90, AND 41-44-100, ALL OF THE 1976 CODE, AND ALL RELATING TO TAXATION, EFFECTIVE FOR TAXABLE YEARS BEGINNING AFTER 1992.

Referred to Committee on Ways and Means.

H. 3915 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVENUES UNDER COASTAL FISHERIES LAWS, SO AS TO REVISE THE SOURCES AND USES OF REVENUE AND PROVIDE FOR THE COASTAL FISHERIES FUND.

Referred to Committee on Ways and Means.

H. 3916 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-65 SO AS TO PROVIDE FOR THE TRAINING OF BIRD DOGS.

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

H. 3917 -- Rep. Snow: A BILL TO AMEND SECTION 50-9-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WILDLIFE MANAGEMENT AREAS, SO AS TO REVISE THE REQUIREMENTS FOR PERMITS FOR THE AREAS AND THE USE OF PERMIT FEES AND DELETE PROVISIONS FOR LEASING OF LAND FOR THE WILDLIFE MANAGEMENT AREA PROGRAM; AND TO AMEND SECTION 50-11-2200, RELATING TO HUNTING DEER IN THE AREAS, SO AS TO DELETE THE PROVISIONS FOR DEER AND PROVIDE REQUIREMENTS FOR LEASING THE AREAS AND HUNTING AND TAKING FISH AND WILDLIFE ON THE AREAS AND FOR RELATED PENALTIES.

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

H. 3918 -- Reps. Wilkins, Jennings and Martin: A JOINT RESOLUTION TO APPROVE ADVISORY SENTENCING GUIDELINES OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION FOR THE COURTS OF GENERAL SESSIONS FOR OFFENSES WHICH CARRY A TERM OF IMPRISONMENT OF ONE YEAR OR GREATER PURSUANT TO THE PROVISIONS OF CHAPTER 26, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976.

Referred to Committee on Judiciary.

H. 3919 -- Rep. Simrill: A BILL TO AMEND SECTION 12-36-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR RETAILERS TO OBTAIN A RETAIL LICENSE BEFORE ENGAGING IN BUSINESS, SO AS TO INCLUDE FESTIVALS AMONG THOSE SPECIAL EVENTS FOR WHICH A RETAILER FILES A SPECIAL EVENTS SALES TAX RETURN AND IS NOT REQUIRED TO HAVE A RETAIL LICENSE AND TO DEFINE "FESTIVAL".

Referred to Committee on Ways and Means.

H. 3920 -- Rep. Sheheen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 18, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE FORMALITIES OF AN ACT OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT EITHER HOUSE OF THE GENERAL ASSEMBLY MAY PROVIDE BY RULE FOR THE SECOND READING OF ANY BILL OR JOINT RESOLUTION "VIVA VOCE" OR BY DISTRIBUTION OF PRINTED COPIES TO EACH MEMBER.

Referred to Committee on Judiciary.

H. 3921 -- Rep. Cromer: A BILL TO AMEND SECTION 16-17-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PURCHASE OR TRANSPORTATION OF COPPER WIRE OR PIPE, SO AS TO PROHIBIT THE PURCHASE OF COPPER WIRE AND COPPER PIPE IN EXCESS OF TWENTY-FIVE POUNDS WITHOUT PROPER IDENTIFICATION, TO REQUIRE CERTAIN IDENTIFICATION, AND TO INCREASE THE PENALTIES IMPOSED.

Referred to Committee on Judiciary.

H. 3922 -- Rep. Sheheen: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ALLOWED NONPROFIT HOUSING CORPORATIONS EXCLUSIVELY PROVIDING BELOW-COST HOUSING FOR HANDICAPPED PERSONS OR BOTH AGED AND HANDICAPPED PERSONS TO NONPROFIT CORPORATIONS EXCLUSIVELY PROVIDING BELOW-COST SUPPORTIVE HOUSING FOR ELDERLY PERSONS OR HOUSEHOLDS AUTHORIZED PURSUANT TO APPROPRIATE FEDERAL LAWS AND TO DELETE OBSOLETE LANGUAGE.

Referred to Committee on Ways and Means.

H. 3923 -- Rep. Waldrop: A BILL TO AMEND SECTION 9-1-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERSHIP IN THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO ALLOW A MEMBER TO MAKE A ONE-TIME PARTIAL REPAYMENT OF AMOUNTS PREVIOUSLY WITHDRAWN; AND TO AMEND SECTION 9-11-50, AS AMENDED, RELATING TO CREDITED SERVICE FOR PURPOSES OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW A MEMBER TO MAKE A ONE-TIME PARTIAL REPAYMENT OF CONTRIBUTIONS PREVIOUSLY WITHDRAWN.

Referred to Committee on Ways and Means.

H. 3924 -- Rep. Fair: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM PROPERTY TAXES, SO AS TO PROVIDE AN EXEMPTION FROM SCHOOL TAXES FOR OWNER-OCCUPIED REAL PROPERTY OWNED BY PERSONS WITH CHILDREN WHO ARE SCHOOLED AT HOME OR IN PRIVATE SCHOOLS.

Referred to Committee on Ways and Means.

H. 3925 -- Rep. Fair: A BILL TO AMEND SECTION 44-77-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE DEATH WITH DIGNITY ACT, SO AS TO REVISE THE DEFINITION OF "LIFE-SUSTAINING PROCEDURES" AND TO DEFINE "ARTIFICIAL NUTRITION AND HYDRATION"; TO AMEND SECTION 44-77-30, AS AMENDED, RELATING TO CONDITIONS FOR WITHHOLDING LIFE-SUSTAINING PROCEDURES, SO AS TO ADD THE INABILITY TO GIVE DIRECTIONS REGARDING THE USE OF LIFE-SUSTAINING PROCEDURES AS A CONDITION; TO AMEND SECTION 44-77-80, AS AMENDED, RELATING TO REVOCATION OF DECLARATION, SO AS TO PROVIDE THAT ANY DOUBT ON REVOCATION MUST BE RESOLVED IN FAVOR OF LIFE-SUSTAINING PROCEDURES; TO AMEND SECTION 44-77-100, AS AMENDED, RELATING TO EFFECTUATION OF DECLARATION WHEN A HEALTH CARE PROFESSIONAL DOES NOT WISH TO PARTICIPATE, SO AS TO SPECIFY THE BASIS FOR REFUSAL TO PARTICIPATE AND TO PROHIBIT ANY DISCIPLINARY OR EMPLOYMENT ACTION AGAINST THE PERSON; AND TO AMEND SECTION 44-77-130, AS AMENDED, RELATING TO CONSTRUCTION OF CHAPTER, SO AS TO PROVIDE THAT THE CHAPTER DOES NOT AUTHORIZE ASSISTED SUICIDE.

Referred to Committee on Judiciary.

H. 3926 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-15 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH AN ABORTION MAY BE PERFORMED; BY ADDING SECTION 44-41-45 SO AS TO PROVIDE EXEMPTIONS UNDER A MEDICAL EMERGENCY; BY AMENDING SECTION 44-41-10, AS AMENDED, RELATING TO DEFINITIONS RELATIVE TO ABORTIONS, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 44-41-30, AS AMENDED, RELATING TO CONSENT, SO AS TO DELETE PROVISIONS INCONSISTENT WITH CIRCUMSTANCES ALLOWING AN ABORTION; TO AMEND SECTION 44-41-70, RELATING TO DEPARTMENT REGULATIONS FOR HOSPITALS AND CLINICS, SO AS TO DELETE REFERENCES TO CLINICS; AND TO REPEAL SECTION 44-41-20 RELATING TO CIRCUMSTANCES UNDER WHICH AN ABORTION MAY BE PERFORMED.

Referred to Committee on Judiciary.

H. 3927 -- Reps. J. Bailey and Waites: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-555 SO AS TO PROVIDE A STATUTE OF LIMITATIONS FOR ACTIONS BASED ON SEXUAL ABUSE OR INCEST OF TEN YEARS FROM THE TIME A PERSON BECOMES EIGHTEEN OR WITHIN FOUR YEARS OF DISCOVERING THE INJURY AND THE CAUSAL RELATIONSHIP BETWEEN THE INJURY AND THE ABUSE OR INCEST; TO PROVIDE THAT PARENTAL IMMUNITY IS NOT A DEFENSE; TO PROVIDE THAT A LAW SUIT BASED ON ABUSE OR INCEST PREVIOUSLY BROUGHT AND BARRED BY THE STATUTE OF LIMITATIONS MAY BE BROUGHT WITHIN FOUR YEARS OF THIS ACT'S EFFECTIVE DATE; AND TO PROVIDE SEVERABILITY PROVISIONS.

Referred to Committee on Judiciary.

H. 3928 -- Rep. J. Bailey: A BILL TO PROVIDE THAT BEGINNING WITH THE 1994 GENERAL ELECTION THE BOARD OF TRUSTEES OF THE CHARLESTON COUNTY SCHOOL DISTRICT SHALL CONSIST OF ELEVEN MEMBERS ELECTED FROM SINGLE-MEMBER DISTRICTS, TO PROVIDE FOR THE FILLING OF VACANCIES FROM THE DISTRICTS, TO ESTABLISH THE ELEVEN SINGLE-MEMBER DISTRICTS, TO PROVIDE THAT TRUSTEES ELECTED IN 1992 SHALL SERVE UNTIL THE EXPIRATION OF THEIR TERMS, TO PROVIDE FOR THE 1994 ELECTION FOR TRUSTEES FROM DISTRICTS ONE, TWO, FIVE, SIX, NINE, AND ELEVEN, AND TO PROVIDE FOR THE 1996 ELECTION FOR TRUSTEES FROM DISTRICTS THREE, FOUR, SEVEN, EIGHT, AND TEN; AND TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO CONFORM THE PETITION REQUIREMENT FOR NOMINATION TO THE SYSTEM OF REPRESENTATION PROVIDED IN THIS ACT.

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

Rep. HALLMAN objected.

Referred to Charleston Delegation.

H. 3929 -- Rep. T.C. Alexander: A BILL TO AMEND SECTION 41-35-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT SECURITY AND ELIGIBILITY FOR EXTENDED BENEFITS, SO AS TO PROVIDE THAT AN INDIVIDUAL IS NOT ELIGIBLE TO RECEIVE EXTENDED BENEFITS WITH RESPECT TO ANY WEEK OF UNEMPLOYMENT IN HIS ELIGIBILITY PERIOD IF THE INDIVIDUAL HAS BEEN DISQUALIFIED FOR REGULAR OR EXTENDED BENEFITS BECAUSE HE OR SHE WAS DISCHARGED FOR "CAUSE", RATHER THAN FOR "MISCONDUCT"; AND TO PROVIDE FOR THE SUSPENSION OF CERTAIN PROVISIONS OF SECTION 41-35-420 FOR WEEKS OF UNEMPLOYMENT BEGINNING AFTER MARCH 6, 1993, AND BEFORE JANUARY 1, 1995.

Referred to Committee on Labor, Commerce and Industry.

H. 3930 -- Rep. T.C. Alexander: A BILL TO REPEAL SECTIONS 41-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT EMPLOYERS POST CERTAIN LABOR LAWS, 41-1-40, RELATING TO THE PROVISION THAT AN EMPLOYER REQUIRING NOTICE FROM AN EMPLOYEE QUITTING WORK SHALL POST NOTICE OF SHUTDOWN, 41-1-50, RELATING TO LABOR AND EMPLOYMENT AND THE PROVISION THAT ACCEPTANCE OF PAYMENT FROM A RELIEF FUND SHALL BE NO BAR TO AN ACTION FOR DAMAGES, 41-3-100, RELATING TO THE DEPARTMENT AND THE COMMISSIONER OF LABOR AND THE FURNISHING OF BLANKS AND FORMS, 41-13-40, RELATING TO THE LIABILITY OF EMPLOYERS OF MINORS TO PARENTS OR GUARDIANS, 41-15-10, RELATING TO THE LOCKING OF EMPLOYEES IN BUILDINGS, AND 41-15-50, RELATING TO THE PROVISION THAT A LIGHT AT THE ENTRANCE TO ELEVATOR SHAFTS IS REQUIRED WHEN AN ELEVATOR IS IN OPERATION, AND CHAPTER 19, TITLE 41, RELATING TO PERSONAL SERVICE CONTRACTS, CHAPTER 21, TITLE 41, RELATING TO VOLUNTARY APPRENTICESHIP, AND CHAPTER 23, TITLE 41, RELATING TO AGRICULTURAL LABOR CONTRACTS.

Referred to Committee on Labor, Commerce and Industry.

H. 3931 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-77 SO AS TO PERMIT THE TEACHING OF BIOLOGICAL ORIGINS OTHER THAN THROUGH MACROEVOLUTION.

Referred to Committee on Education and Public Works.

H. 3932 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-750 SO AS TO PROHIBIT A PRACTICING HOMOSEXUAL OR USER OF ILLEGAL INTRAVENOUS DRUGS FROM DONATING BLOOD AND TO PROVIDE FOR PENALTIES; AND TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME PROVIDED FOR IN THIS ACT.

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

H. 3933 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-225 SO AS TO REQUIRE MARRIAGE LICENSE APPLICANTS TO PRESENT CERTIFICATES STATING THEY HAVE BEEN GIVEN A STANDARD SEROLOGIC TEST FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV) AND PROVIDE REQUIREMENTS FOR THE CERTIFICATES AND PENALTIES.

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

H. 3935 -- Rep. Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-17-595 SO AS TO PERMIT CLERKS OF COURT TO MAINTAIN ANY PUBLIC RECORD IN A COMPUTER SYSTEM SO LONG AS THERE IS A BACK-UP COPY MAINTAINED; TO AMEND SECTION 14-23-1100, RELATING TO DUTIES OF CLERKS OF COURT, SECTION 14-23-1130, AS AMENDED, RELATING TO RECORDS OF PROBATE COURT, AND SECTION 16-3-25, RELATING TO REPORTS OF THE SUPREME COURT IN DEATH PENALTY CASES, SO AS TO REVISE THESE SECTIONS SO THAT ALL SUCH RECORDS MAY BE MAINTAINED, DUTIES CARRIED OUT, AND FORMS SET UP IN A STANDARD FORMAT TO FACILITATE THE USE OF A COMPUTER SYSTEM OR RELATED EQUIPMENT.

Referred to Committee on Judiciary.

H. 3934 -- Rep. Corning: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ALLOWED CERTAIN NONPROFIT ORGANIZATIONS WHEN NET PROCEEDS OF SALES ARE USED EXCLUSIVELY FOR EXEMPT PURPOSES TO A BUSINESS UNDER CONTRACT TO A NONPROFIT ORGANIZATION FOR THE SALE OF FOOD ITEMS WHEN THE AMOUNT PAID THE NONPROFIT ORGANIZATION FROM THE PROCEEDS OF THE SALES IS USED EXCLUSIVELY FOR EXEMPT PURPOSES AND TO DELETE OBSOLETE LANGUAGE.

Referred to Committee on Ways and Means.

H. 3936 -- Reps. Fair and Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-29-250 AND 59-29-260 SO AS TO PROHIBIT THE USE OF NEW AGE RELIGIOUS AND OCCULT PHILOSOPHIES AND METHODS OF INSTRUCTION IN THE PUBLIC SCHOOLS AND TO PROVIDE PENALTIES.

Referred to Committee on Education and Public Works.

H. 3937 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-12 SO AS TO PROVIDE THAT UNIFORM TRAFFIC TICKETS MAY NOT BE USED FOR PARKING OFFENSES.

Referred to Committee on Education and Public Works.

H. 3938 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-125 SO AS TO PROHIBIT SODOMY, DEFINE THE OFFENSE, PROVIDE PENALTIES, AND TO ADD THE OFFENSE TO THE LIST OF FELONIES IN SECTION 16-1-10.

Referred to Committee on Judiciary.

H. 3939 -- Reps. Gamble and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-253 SO AS TO EXEMPT FROM PROPERTY TAX THAT AMOUNT OF FAIR MARKET VALUE OF RESIDENTIAL PROPERTY QUALIFYING FOR THE HOMESTEAD EXEMPTION WHICH REPRESENTS INCREASES IN THE FAIR MARKET VALUE OF THE PROPERTY OCCURRING AFTER THE PROPERTY FIRST QUALIFIES FOR THE HOMESTEAD EXEMPTION AND AFTER THE OWNER HAS RESIDED IN THE PROPERTY FOR AT LEAST THIRTY YEARS, AND TO PROVIDE AN EXCEPTION.

Referred to Committee on Ways and Means.

H. 3944 -- Reps. Barber, Fulmer, Harrell and Holt: A BILL TO AMEND SECTION 48-39-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LENGTH OF TIME PERMIT APPROVED BY SOUTH CAROLINA COASTAL COUNCIL IS VALID, SO AS TO EXTEND THE TIME FROM THREE TO FIVE YEARS AND TO TEN YEARS FOR MARINA PERMITS AND TO PROVIDE FOR EXTENSIONS AND TOLLING DURING AN APPEAL.

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

H. 3945 -- Reps. Barber and Holt: A BILL TO AMEND SECTION 48-39-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALTERATIONS TO CRITICAL AREAS IN COASTAL TIDELANDS AND WETLANDS, SO AS TO PROVIDE THAT CRITICAL AREA DELINEATIONS ESTABLISHED BY COASTAL COUNCIL ARE VALID FOR FIVE YEARS, IF VALIDATED BY COASTAL COUNCIL, TO PROVIDE AN EXCEPTION, AND TO PROVIDE TEMPORARY RECOGNITION OF THOSE CRITICAL AREA DELINEATIONS EXISTING ON THIS ACT'S EFFECTIVE DATE.

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

H. 3946 -- Reps. Cromer, Tucker and Waites: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 TO CHAPTER 9, TITLE 4 SO AS TO PROVIDE A PROCEDURE BY WHICH THE COUNTY AUDITOR, TREASURER, AND CLERK OF COURT MAY BE ELECTED IN NONPARTISAN ELECTIONS.

Referred to Committee on Judiciary.

H. 3948 -- Rep. Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-65 SO AS TO AUTHORIZE THE ESTABLISHMENT OF YOUTH APPRENTICESHIP PROGRAMS IN WHICH ELEVENTH OR TWELFTH GRADE PUPILS AND CERTAIN OTHER PUPILS MAY PARTICIPATE FOR SECONDARY CREDIT, TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL ESTABLISH THE STANDARDS AND CRITERIA FOR THIS PROGRAM, AND TO PROVIDE FOR THE PILOT TESTING OF THE PROGRAM IN FISCAL YEARS 1995 AND 1996 WITH FULL IMPLEMENTATION IN ALL SCHOOL DISTRICTS BY FISCAL YEAR 1997.

Referred to Committee on Education and Public Works.

H. 3949 -- Reps. Wells, Quinn, Cromer, Walker, Allison, D. Smith, J. Wilder, Haskins, Littlejohn, J. Harris, Hines, Neilson and Lanford: A BILL TO AMEND SECTIONS 31-3-340 AND 31-3-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF COMMISSIONERS TO A HOUSING AUTHORITY CREATED BY A MUNICIPALITY AND THE ORGANIZATION AND OFFICERS OF THE AUTHORITY, SO AS TO PROVIDE FOR THE APPOINTMENT OF TWO ADDITIONAL COMMISSIONERS FROM AN EXTRATERRITORIAL AREA WHEN THE AUTHORITY EXERCISES JURISDICTION IN THAT AREA AND PROVIDE FOR A QUORUM WHEN THE TWO ADDITIONAL COMMISSIONERS ARE ALLOWED TO VOTE ON MATTERS WHICH AFFECT THE AREA FROM WHICH THEY ARE APPOINTED.

Referred to Committee on Labor, Commerce and Industry.

H. 3950 -- Reps. Inabinett, Holt, Canty, Cobb-Hunter, Byrd, Whipper, Breeland and Barber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-1-160 SO AS TO PROVIDE FOR ANNUAL APPROPRIATIONS TO MATCH FEDERAL FUNDS FOR THE WOMEN, INFANTS AND CHILDREN FARMERS' MARKET NUTRITION PROGRAM.

Referred to Committee on Ways and Means.

H. 3951 -- Rep. Wilkes: A BILL TO AMEND SECTION 59-26-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADES AND INDUSTRIAL EDUCATION TEACHER CERTIFICATION PROCESS, SO AS TO PROVIDE THAT A TEACHER WHO DOES NOT MEET THE REQUIREMENTS FOR A CONTINUING CONTRACT IN THE ALLOTTED TIME MAY BECOME ELIGIBLE BY SUBSEQUENTLY SATISFYING THESE REQUIREMENTS.

Referred to Committee on Education and Public Works.

H. 3952 -- Rep. Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 3, TITLE 47 SO AS TO PROVIDE FOR STATEWIDE ANIMAL CONTROL.

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

S. 35 -- Senator Passailaigue: A BILL TO AMEND ARTICLE 7, CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-55-695, RELATING TO SEPTIC TANKS IN COUNTIES WITH A CITY OF A POPULATION OVER 70,000 PERSONS, SO AS TO REQUIRE SEPTIC TANKS THAT HAVE BEEN PERMANENTLY DISCONNECTED FROM RESIDENTIAL DWELLINGS OR COMMERCIAL ESTABLISHMENTS TO BE DRAINED AND FILLED AND TO PROHIBIT EXPANSION OF EXISTING STRUCTURES OR NEW CONSTRUCTION OVER SEPTIC TANKS THAT HAVE NOT BEEN DRAINED AND FILLED.

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

S. 255 -- Senators Giese, Reese and Matthews: A BILL TO AMEND TITLE 44, CHAPTER 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEAD AND SPINAL CORD INJURIES, SO AS TO ADD ARTICLE 3 TO CREATE THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY SERVICE DELIVERY SYSTEM TO DEVELOP, COORDINATE, AND ENHANCE DELIVERY OF SERVICES; TO DESIGNATE AGENCY RESPONSIBILITIES IN THE SYSTEM; TO ESTABLISH AN ADVISORY COUNCIL; TO PROVIDE ELIGIBILITY CRITERIA FOR RECEIVING CASE MANAGEMENT SERVICES; TO PROVIDE THAT THIS ARTICLE DOES NOT CREATE AN ENTITLEMENT PROGRAM; AND TO DESIGNATE SECTIONS 44-38-10 THROUGH 44-38-90 AS ARTICLE 1 OF CHAPTER 38, TITLE 44, AND TO RENAME CHAPTER 38 OF TITLE 44.

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

S. 274 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-615 SO AS TO PROVIDE THAT NO HEARING MAY BE CONDUCTED BY THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES BETWEEN DECEMBER 15 AND THE SUCCEEDING JANUARY 15; AND TO AMEND SECTION 24-21-645, AS AMENDED, RELATING TO PAROLE, SO AS TO PROVIDE FOR A HEARING EVERY FIVE YEARS FOR A PERSON CONVICTED OF A VIOLENT CRIME.

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

S. 348 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-45-215 SO AS TO AUTHORIZE THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS TO IMPOSE A CIVIL PENALTY FOR VIOLATIONS; TO AMEND SECTION 40-45-30, RELATING TO THE STATE BOARD, SO AS TO AUTHORIZE THE BOARD TO PROMULGATE REGULATIONS REGULATING THE PRACTICE OF PHYSICAL THERAPY, QUALIFICATIONS FOR REGISTERING, ESTABLISHING A CODE OF ETHICS, AND FIXING FEES; TO AMEND SECTION 40-45-200, RELATING TO GROUNDS FOR REFUSAL, SUSPENSION, OR REVOCATION OF REGISTRATION OF PHYSICAL THERAPISTS, SO AS TO PROVIDE ADDITIONAL GROUNDS; AND TO AMEND SECTION 40-45-250, AS AMENDED, RELATING TO INVESTIGATIONS AND PROSECUTIONS OF PERSONS VIOLATING THE PHYSICAL THERAPY PRACTICE ACT, SO AS TO AUTHORIZE THE BOARD TO SEEK INJUNCTIVE RELIEF; AND TO REPEAL SECTION 40-45-60, RELATING TO THE AUTHORITY OF THE BOARD TO ADOPT RULES.

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

S. 466 -- Senators Thomas, Courson, Mitchell and Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 113 TO TITLE 44 SO AS TO ENACT THE PROVIDER SELF-REFERRAL ACT; TO PROHIBIT HEALTH CARE PROVIDERS FROM REFERRING PATIENTS TO FACILITIES AND SERVICES IN WHICH THE PROVIDER HAS A FINANCIAL INTEREST UNLESS CERTAIN CONDITIONS ARE MET; TO PROVIDE PENALTIES; TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO GATHER DATA AND TO REPORT TO THE GENERAL ASSEMBLY.

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

S. 487 -- Senator Rose: A BILL TO AMEND ARTICLE 3, CHAPTER 5, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORONERS, BY ADDING SECTION 17-5-130, SO AS TO PROVIDE FOR THE QUALIFICATIONS AND AGE REQUIREMENTS TO HOLD THE OFFICE OF CORONER.

Referred to Committee on Judiciary.

S. 488 -- Senator Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LAW ENFORCEMENT OFFICIALS, PROSECUTORS, ADMINISTRATIVE OFFICERS, AND THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW FOR THE AGE AND QUALIFICATIONS OF CORONERS.

Referred to Committee on Judiciary.

S. 579 -- Senator Williams: A BILL TO AMEND SECTION 7-5-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORM OF THE WRITTEN APPLICATION FOR VOTER REGISTRATION, SO AS TO PROVIDE FOR THE CONTENTS OF THE FORM.

Referred to Committee on Judiciary.

S. 580 -- Senator Williams: A BILL TO AMEND SECTION 7-17-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTION PROTESTS AND CONTESTS, SO AS TO PROVIDE THAT A PROTEST OR CONTEST MUST BE FILED IN WRITING WITH THE CHAIRMAN OF THE COUNTY BOARD OF CANVASSERS BY NOON WEDNESDAY FOLLOWING THE DATE OF THE DECLARATION BY THE BOARD OF THE RESULTS OF THE ELECTION; TO AMEND SECTION 7-17-50, RELATING TO HEARINGS ON PROTESTS OR CONTESTS, SO AS TO PROVIDE THAT THE BOARD SHALL HEAR A PROTEST OR CONTEST ON MONDAY NEXT FOLLOWING THE DEADLINE FOR FILING THE PROTEST OR CONTEST; TO AMEND SECTION 7-17-70, RELATING TO THE HEARING OF APPEALS, SO AS TO PROVIDE THAT THE BOARD OF STATE CANVASSERS SHALL MEET TO HEAR APPEALS NO LATER THAN NOON MONDAY NEXT FOLLOWING THE FILING OF ANY NOTICE; TO AMEND SECTION 7-17-260, RELATING TO PROTESTED OR CONTESTED CASES DECIDED BY THE BOARD OF STATE CANVASSERS, SO AS TO PROVIDE THAT THE STATE BOARD SHALL DECIDE ALL CASES UNDER PROTEST OR CONTEST THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE SENATE AND THE STATE HOUSE OF REPRESENTATIVES; AND TO AMEND 7-17-270, RELATING TO THE HEARING OF PROTESTS OR CONTESTS, SO AS TO PROVIDE THAT THE BOARD SHALL HEAR A PROTEST OR CONTEST NOT LATER THAN THE TWENTY-FIFTH DAY FOLLOWING RECEIPT OF THE PROTEST.

Referred to Committee on Judiciary.

S. 581 -- Senator Williams: A BILL TO AMEND SECTION 7-5-150, RELATING TO THE CLOSING OF REGISTRATION BOOKS BEFORE ELECTIONS, SO AS TO PROVIDE THAT ANY PERSON ELIGIBLE TO REGISTER WHO HAS BEEN HONORABLY DISCHARGED FROM THE ARMED FORCES OR WHO HAS BEEN SEPARATED FROM HIS SERVICE OVERSEAS AND RETURNED HOME TOO LATE TO REGISTER AT THE TIME WHEN REGISTRATION IS REQUIRED IS ENTITLED TO REGISTER FOR THE PURPOSE OF VOTING IN THE NEXT ENSUING ELECTION AFTER SUCH DISCHARGE OR SEPARATION FROM SERVICE UP TO 5:00 P.M. ON THE DAY OF THE ELECTION; AND TO AMEND SECTION 7-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTORS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO PROVIDE THAT PERSONS ATTENDING SICK OR PHYSICALLY DISABLED PERSONS, PERSONS SERVING AS JURORS IN A STATE OR FEDERAL COURT ON ELECTION DAY, AND PERSONS SEVENTY-TWO YEARS OF AGE OR OLDER MAY VOTE BY ABSENTEE BALLOT.

Referred to Committee on Judiciary.

S. 626 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE RESIDENTIAL BUILDERS COMMISSION, RELATING TO RESIDENTIAL BUILDERS AND RESIDENTIAL SPECIALTY CONTRACTORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1526, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Labor, Commerce and Industry.

S. 641 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO CRITERIA FOR PHYSICIAN SUPERVISION OF NURSES IN THE EXTENDED ROLE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1546, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 642 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO PROFESSIONAL PRACTICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1602, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 644 -- Corrections and Penology Committee: A BILL TO AMEND SECTION 20-7-2205, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY, INDETERMINATE COMMITMENT FOR EVALUATION FOR NONCRIMINAL MISCONDUCT, SO AS TO DELETE THE PROVISION THAT AUTHORIZED COMMITMENT FOR AN INDETERMINATE PERIOD NOT TO EXCEED FORTY-FIVE DAYS FOR THE PURPOSE OF EVALUATION.

Referred to Committee on Judiciary.

S. 650 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CERTIFICATION OF NEED FOR HEALTH FACILITIES AND SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1597, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 651 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO REPLACING ALL EXISTING REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1501, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 652 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PODIATRY EXAMINERS, RELATING TO LICENSE AND FEES TO PRACTICE PODIATRY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1525, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 653 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF DENTISTRY, RELATING TO CONTINUING EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1531, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 654 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO PHYSICIAN ASSISTANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1625, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 657 -- Senators Waldrep and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 43 SO AS TO PROVIDE A PROCEDURE BY WHICH A COUNTY MAY CREATE A COUNTY HUMAN RESOURCES COMMISSION AND TO PROVIDE FOR THE EXPIRATION OF THE TERMS OF THE MEMBERS OF THE COMMISSION REPRESENTING ANDERSON COUNTY.

Referred to Committee on Judiciary.

The following was taken up for immediate consideration:

H. 3940 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO DECLARE THURSDAY, APRIL 22, 1993, AS "UNIVERSITY OF SOUTH CAROLINA COLLEGE OF LIBRARY AND INFORMATION SCIENCE DAY" IN RECOGNITION OF ITS 20TH ANNIVERSARY.

Whereas, the University of South Carolina College of Library and Information Science (CLIS) is the largest masters degree program in library and information science in the Southeast, fully accredited by the American Library Association, and has graduated more than one thousand five hundred students from its program in the past twenty years; and

Whereas, the University of South Carolina College of Library and Information Science continues to meet South Carolina's critical need for school library media specialists, while at the same time becoming a national leader in distance education with transmission of its programs to distant learners not only in South Carolina, but also in West Virginia and Georgia. Now, therefore,

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

That Thursday, April 22, 1993, be declared "University of South Carolina College of Library and Information Science Day" in recognition of its 20th Anniversary.

Be it further resolved that on April 22, 1993, the following citation be printed inside the front cover of the House calendar:

Dr. Fred W. Roper, Dean 1986-

Dr. John N. Olsgaard, Acting Dean 1985-1986

Dr. F. William Summers, Dean 1976-1985

Dr. Wayne S. Yenawine, Dean 1970-1976

Be it further resolved that a copy of this resolution be forwarded to Dr. Fred W. Roper.

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

The following was introduced:

H. 3941 -- Reps. Davenport, Beatty, Wells, Walker, Littlejohn, Allison, Lanford, D. Smith, Vaughn and D. Wilder: A HOUSE RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO DR. OLIN B. SANSBURY, JR., CHANCELLOR OF THE UNIVERSITY OF SOUTH CAROLINA AT SPARTANBURG, ON THE OCCASION OF HIS RETIREMENT AS CHANCELLOR.

The Resolution was adopted.

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

H. 3942 -- Reps. P. Harris and Tucker: A HOUSE RESOLUTION GRANTING THE MCDUFFIE HIGH SCHOOL BOYS BASKETBALL TEAM OF ANDERSON COUNTY AND THE TEAM'S COACHES THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 28, 1993, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1993 CLASS AA STATE BASKETBALL CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the McDuffie High School boys basketball team of Anderson County and the team's coaches are granted the privilege of the floor of the House of Representatives, at a time to be determined by the Speaker, on Wednesday, April 28, 1993, for the purpose of being recognized and congratulated on winning the 1993 Class AA state basketball championship.

The Resolution was adopted.

The following was introduced:

H. 3943 -- Reps. Kirsh, Simrill, Moody-Lawrence and Meacham: A CONCURRENT RESOLUTION TO CONGRATULATE DR. JOHN M. PRATT OF YORK COUNTY ON THE OCCASION OF HIS RETIREMENT FROM THE PRACTICE OF MEDICINE AND WISHING HIM THE BEST IN HIS RETIREMENT.

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

The following was introduced:

H. 3947 -- Reps. Carnell, Stoddard, McAbee and D. Wilder: A CONCURRENT RESOLUTION TO COMMEND DR. JAMES F. KANE, DEAN OF THE UNIVERSITY OF SOUTH CAROLINA'S COLLEGE OF BUSINESS ADMINISTRATION, FOR HIS MORE THAN TWENTY-FIVE YEARS OF TRULY OUTSTANDING SERVICE AS DEAN UPON THE OCCASION OF HIS RETIREMENT FROM THIS POSITION.

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                  Barber
Baxley                 Breeland               Brown, G.
Brown, H.              Brown, J.              Byrd
Canty                  Carnell                Cato
Chamblee               Clyborne               Cobb-Hunter
Cooper                 Corning                Cromer
Delleney               Elliott                Fair
Farr                   Felder                 Fulmer
Gamble                 Govan                  Hallman
Harrell                Harrelson              Harris, J.
Harris, P.             Harrison               Harvin
Haskins                Hines                  Hodges
Holt                   Hutson                 Inabinett
Jaskwhich              Jennings               Keegan
Kelley                 Kennedy                Kinon
Kirsh                  Klauber                Koon
Lanford                Law                    Littlejohn
Marchbanks             Mattos                 McAbee
McCraw                 McElveen               McKay
McMahand               McTeer                 Meacham
Moody-Lawrence         Neal                   Neilson
Phillips               Quinn                  Rhoad
Richardson             Riser                  Robinson
Scott                  Sharpe                 Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Snow                   Spearman
Stille                 Stoddard               Stone
Stuart                 Thomas                 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 Tuesday, April 13.

Lindsey O. Graham                 Ronald P. Townsend
Irene K. Rudnick                  E.B. McLeod, Jr.
William S. Houck, Jr.             William D. Boan
Timothy F. Rogers                 Thomas E. Huff
Donald W. Beatty                  B. Hicks Harwell

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

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

I was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, April 6.

Thomas E. Huff

Announcement was made that Dr. Debra Perina of Columbia is the Doctor of the Day for the General Assembly.

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

H. 3866 -- Rep. McTeer: A BILL TO AMEND SECTION 7-7-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN HAMPTON COUNTY SO AS TO CHANGE THE POLLING PLACE AT THE BRUNSON PRECINCT FROM THE BRUNSON TOWN HALL TO THE OLD BRUNSON FIRE STATION.

H. 3553 -- Reps. Hodges, Martin and Clyborne: A BILL TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO REQUIRE ALL MAGISTRATES TO COMPLETE A TRAINING PROGRAM OR PASS CERTIFICATION OR RECERTIFICATION EXAMINATIONS, OR BOTH, PURSUANT TO STANDARDS ESTABLISHED BY THE SOUTH CAROLINA SUPREME COURT, TO PROVIDE THE PERIOD WITHIN WHICH MAGISTRATES MUST COMPLETE THESE REQUIREMENTS, AND TO PROVIDE IF MAGISTRATES DO NOT COMPLY WITH THE PROVISIONS OF THIS SECTION THEIR OFFICE IS DECLARED VACANT AFTER NOTIFICATION BY THE SUPREME COURT.

H. 3859 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO CRITERIA FOR PHYSICIAN SUPERVISION OF NURSES IN THE EXTENDED ROLE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1546, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3860 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO PROFESSIONAL PRACTICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1602, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3861 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CORRECTIONS, RELATING TO SHOCK INCARCERATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1529, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3873 -- Rep. Walker: A JOINT RESOLUTION TO PROVIDE THAT, FOR THE 1992-93 SCHOOL YEAR, SCHOOL DISTRICTS ONE AND TWO IN SPARTANBURG COUNTY ARE EXEMPTED FROM THE REQUIREMENT THAT SCHOOL DAYS MISSED MUST BE MADE UP, AS A RESULT OF COMPLICATIONS RESULTING FROM A SEVERE WINTER STORM.

S. 551 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF DENTISTRY, RELATING TO GUIDELINES FOR ANESTHESIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1498, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 552 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN, RELATING TO MINIMUM ELIGIBILITY REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1480, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 557 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO X-RAYS (TITLE B), DESIGNATED AS REGULATION DOCUMENT NUMBER 1467, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

The following Bill was taken up.

S. 508 -- Senators Hayes and Short: A BILL TO PROVIDE FOR SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH THE MEMBERS OF THE BOARDS OF TRUSTEES OF YORK SCHOOL DISTRICT NO. 1, CLOVER DISTRICT NO. 2, ROCK HILL DISTRICT NO. 3, AND FORT MILL DISTRICT NO. 4 MUST BE ELECTED, TO PROVIDE FOR STAGGERING OF THE TERMS OF ALL TRUSTEES AND PROVIDE THAT THE ELECTION OF THESE TRUSTEES FROM THESE DISTRICTS BEGINS AT THE TIME OF THE GENERAL ELECTION OF 1994.

Rep. KIRSH moved to table the Bill.

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

Those who voted in the affirmative are:

Delleney               Holt                   Kirsh
McCraw                 Moody-Lawrence         Simrill

Those who voted in the negative are:
Meacham

So, the Bill was tabled.

The following Bill was taken up.

H. 3124 -- Reps. Lanford, Littlejohn, Beatty, Wofford, Stone, Clyborne, Allison, McMahand, McLeod, Davenport, Hines, Byrd, G. Brown, Shissias and Walker: A BILL TO AMEND SECTION 4-18-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES UNDER THE PROVISIONS OF LAW REGULATING WRECKERS AT THE SCENE OF ACCIDENTS, SO AS TO PROVIDE FOR A MAXIMUM FINE IN AN AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS, RATHER THAN NOT EXCEEDING TWO HUNDRED DOLLARS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4506AL.93), which was adopted.

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

/SECTION     1.     Section 4-18-30 of the 1976 Code is amended to read:

"Section 4-18-30.     If a wrecker company or a representative or agent of it proceeds to the scene in violation of any of the provisions of this chapter, the owner of the wrecker shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined in an amount not to exceed two hundred dollars or imprisoned for a term not to exceed thirty days punished as provided for by county or municipal ordinance. However, no county or municipal ordinance may impose a fine of more than five hundred dollars or imprisonment for a term of more than thirty days. Penalties provided for by county or municipal ordinance may include the revocation of any license issued to conduct business as a wrecker for a period not to exceed six months."

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

Amend title to conform.

Rep. HODGES 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. 3142 -- Reps. Wilkins and Clyborne: A BILL TO AMEND SECTION 16-13-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECEIVING STOLEN GOODS, SO AS TO REVISE THE ELEMENT OF "KNOWINGLY" TO MEAN "KNOWLEDGE" OR "REASON TO BELIEVE".

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4512AL.93), which was adopted.

Amend the bill, as and if amended, by striking the first paragraph of Section 16-13-180 and inserting:

/It is unlawful for any a person knowingly to buy, or receive, or possess stolen goods, chattels, or other property if the person knows or has reason to believe the goods, chattels, or property are stolen. A person is guilty of this offense whether or not anyone is convicted of the theft of the property. Any A person violating who violates the provisions of this section may be punished as follows is guilty of a:/

Amend title to conform.

Rep. HODGES 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. 3517 -- Reps. D. Smith, Tucker, Beatty, Baxley, Govan, Harrison, Haskins, Thomas, Graham, Trotter, Walker, Cato, Wells, Littlejohn, McElveen, Harrell, Delleney, R. Young, Lanford, Cromer, Davenport, Corning and Martin: A BILL TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-30, 16-13-50, 16-13-80, 16-13-180, AS AMENDED, 16-13-230, 16-13-240, 16-13-260, AND 16-13-420 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS CRIMES INVOLVING PROPERTY OR PERSONAL GOODS AND CHATTELS, SO AS TO PROVIDE THAT THE OFFENSE IS TRIABLE IN MAGISTRATE'S COURT IF THE VALUE OF THE PROPERTY, GOODS, OR CHATTEL IS NOT MORE THAN ONE THOUSAND DOLLARS AND TO INCREASE THE FINE IN MAGISTRATE'S COURT TO ONE THOUSAND DOLLARS; TO AMEND SECTION 22-3-550, RELATING TO MAGISTRATE'S JURISDICTION OVER MINOR OFFENSES, SO AS TO INCREASE THE FINE TO ONE THOUSAND DOLLARS; AND TO AMEND SECTION 22-3-570, RELATING TO MAGISTRATE'S JURISDICTION FOR LARCENY, SO AS TO INCREASE JURISDICTION OVER THE VALUE OF STOLEN PROPERTY TO ONE THOUSAND DOLLARS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4536AL.93), which was adopted.

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

/SECTION     1.     The first paragraph of Section 5-7-30 of the 1976 Code, as last amended by Act 495 of 1988, is further amended to read:

"Section 5-7-30.     Each municipality of the State, in addition to the powers conferred to its specific form of government, may enact regulations, resolutions, and ordinances, not inconsistent with the Constitution and general law of this State, including the exercise of powers in relation to roads, streets, markets, law enforcement, health, and order in the municipality or respecting any subject which appears to it necessary and proper for the security, general welfare, and convenience of the municipality or for preserving health, peace, order, and good government in it, including the authority to levy and collect taxes on real and personal property and as otherwise authorized in this section, make assessments, and establish uniform service charges relating to them; the authority to abate nuisances; grant franchises for the use of public streets and make charges for them; engage in the recreation function; levy a business license tax on gross income, but a wholesaler delivering goods to retailers in a municipality is not subject to the business license tax unless he maintains within the corporate limits of the municipality a warehouse or mercantile establishment for the distribution of wholesale goods; and a business engaged in making loans secured by real estate is not subject to the business license tax unless it has premises located within the corporate limits of the municipality and no entity which is exempt from the license tax under another law nor a subsidiary or affiliate of such an exempt entity is subject to the business license tax; borrow in anticipation of taxes; and pledge revenues to be collected and the full faith and credit of the municipality against its note and conduct advisory referenda. The municipal governing body may fix fines and penalties for the violation of municipal ordinances and regulations not exceeding two five hundred dollars or imprisonment not exceeding thirty days, or both."

SECTION     2.     Section 14-25-65 of the 1976 Code is amended to read:

"Section 14-25-65.     Whenever the municipal judge finds a party guilty of violating a municipal ordinance or a state law within the jurisdiction of such the court he may impose a fine or imprisonment, or both, not to exceed two of not more than five hundred dollars or imprisonment for thirty days, or both."

SECTION     3.     Section 16-11-510 of the 1976 Code is amended to read:

"Section 16-11-510.     Whoever shall It is unlawful for a person wilfully, unlawfully, and maliciously to cut, shoot, maim, wound, or otherwise injure, or destroy any a horse, mule, neat cattle, hog, sheep, goat, or any other kind, class, article, or description of personal property, the goods, and chattels of another, shall be. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall must be fined or imprisoned, at in the discretion of the judge before whom the case shall be tried; provided, that when the injury or loss of the property affected by such act is less than two hundred dollars the case shall be triable in the magistrate's court and the punishment shall be not more than is permitted by law without presentment or indictment by the grand jury court. A violation of this section is triable in magistrate's court if the injury or loss of property is less than one thousand dollars and, upon conviction, the person must be fined not more than five hundred dollars or imprisoned not more than thirty days."

SECTION     4.     Section 16-11-520 of the 1976 Code is amended to read:

"Section 16-11-520.     Whoever shall It is unlawful for a person wilfully, unlawfully, and maliciously to cut, mutilate, deface, or otherwise injure any a tree, house, outside fence, or fixture of another, or to commit any other trespass upon real property in the possession of another shall be. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall must be fined and imprisoned, at the discretion of the judge before whom the case shall be tried; provided, that when court. When the damage to such the property is less than two hundred one thousand dollars, the case shall be is triable in the magistrate's court and, the punishment shall be not more than is permitted by law without presentment or indictment of the grand jury upon conviction, the person must be fined not more than five hundred dollars or imprisoned not more than thirty days."

SECTION     5.     Section 16-13-30 of the 1976 Code is amended to read:

"Section 16-13-30. Any simple Simple larceny of any article of goods, choses in action, bank bills, bills receivable, chattels, or other article articles of personalty, of which by law larceny may be committed or of any such fixture, or part or product of the soil as was severed from the soil by an unlawful act, or the having a value of less than two hundred one thousand dollars, shall be a misdemeanor and considered is petit larceny, shall be triable in the magistrate's court and the punishment shall be not more than is permitted by law without presentment or indictment by the grand jury for a first offense and, upon conviction, the person must be fined not more than five hundred dollars or imprisoned not more than thirty days. Conviction for a second offense is a felony and the person must be fined not more than two thousand dollars and imprisoned not less than three years or more than ten years."

SECTION     6.     Section 16-13-50 of the 1976 Code is amended to read:

"Section 16-13-50.     Any A person found guilty convicted of the larceny of any a horse, mule, cow, hog, or any other livestock shall is guilty of a misdemeanor and, upon conviction for:

(a)     For(1)     the first offense, must be imprisoned for a period of not less than three months nor more than ten years or be fined not more than five hundred dollars, or both, in the discretion of the court;

(b)     For(2)     the second offense, must be imprisoned for a period of not less than one year nor more than fifteen years or be fined not more than twenty-five hundred dollars, or both, in the discretion of the court; and

(c)     For(3)     a subsequent offense, must be imprisoned for a period of not less than five years nor more than twenty-five years.

Provided, that if If the value of such the property stolen is less than fifty one thousand dollars, the case shall be is triable in the magistrate's court and, the punishment shall be not more than is permitted by law without presentment or indictment by the grand jury upon conviction, the person must be fined not more than five hundred dollars or imprisoned not more than thirty days.

Any A motor vehicle or other chattel used by or found in possession of any a person engaged in the commission of the above crime shall be is subject to confiscation and shall must be confiscated and sold under the provisions of Section 27-21-10."

SECTION     7.     Section 16-13-80 of the 1976 Code is amended to read:

"Section 16-13-80. The larceny of any a bicycle shall be is a misdemeanor and, upon conviction, the person must be punishable at the discretion of the court; provided, that when. When the value of the bicycle is less than one hundred thousand dollars the case shall be is triable in the magistrate's court and, and upon conviction, the punishment shall the person must be fined not more than is permitted by law without presentment or indictment by the grand jury five hundred dollars or imprisoned not more than thirty days".

SECTION     8.     Item 1 of Section 16-13-110(B) of the 1976 Code is amended to read:

"(1)     By a fine of not more than six hundred dollars or imprisonment for not more than six months, or both, for the first offense. If the value of the shoplifted merchandise is less than fifty one thousand dollars, the punishment must be a fine of not more than two five hundred dollars or imprisonment for not more than thirty days."

SECTION     9.     Section 16-13-180 of the 1976 Code, as last amended by Act 640 of 1988, is further amended to read:

"Section 16-13-180.     It is unlawful for any a person knowingly to buy or receive stolen goods, chattels, or other property. A person is guilty of this offense whether or not anyone is convicted of the theft of the property. Any A person violating who violates the provisions of this section may be punished as follows:

(1)     if the value of the property is two hundred one thousand dollars or less, by a fine not to exceed two hundred five hundred dollars, or by imprisonment for not more than thirty days. The offense shall be is triable in magistrate's court.

(2)     if the value of the property exceeds two hundred dollars but is less than one thousand dollars, by a fine of not less than one thousand dollars or imprisonment for not less than one year nor more than five years. This offense shall be is a misdemeanor.

(3)     for a second offense of Section 16-13-180, subitem (1) or (2), or if the value of the property exceeds one thousand dollars, by a fine of not less than two thousand dollars and imprisonment for not less than three years nor more than ten years. This or any subsequent offense shall be is a felony.

(4)     for a third or subsequent offense, by imprisonment for not less than ten years; provided, however. However, no part of the minimum sentence may be suspended.

(5)     for the purposes of this section, the receipt of multiple items in a single transaction or event shall constitute constitutes a single offense."

SECTION     10.     Section 16-13-230 of the 1976 Code is amended to read:

"Section 16-13-230. Any A person committing who commits a breach of trust with a fraudulent intention shall be held guilty of larceny and so shall any person or who shall hire hires or counsel any other person counsels another to commit a breach of trust with a fraudulent intention is guilty of larceny and, upon conviction, must be punished as provided by law. If the value of the property is one thousand dollars or less, the case is triable in magistrate's court and, upon conviction, the person must be fined not more than five hundred dollars or imprisoned not more than thirty days."

SECTION     11.     Section 16-13-240 of the 1976 Code is amended to read:

"Section 16-13-240.     Any A person who shall by any false pretense or representation obtain obtains the signature of any a person to any a written instrument or shall obtain obtains from any other another person any chattel, money, valuable security, or other property, real or personal, with intent to cheat and defraud any the person of such the property shall be is guilty of a misdemeanor and shall, on upon conviction, must be sentenced to pay a fine fined not exceeding more than five hundred dollars and undergo an imprisonment imprisoned not exceeding more than three years; provided, that if. If the sum in the written instrument or the value of the property so obtained does not exceed two hundred is not more than one thousand dollars, the case shall be is triable in the magistrate's court and, the punishment shall be not more than is permitted by law without presentment or indictment of the grand jury upon conviction, the person must be fined not more than five hundred dollars or imprisoned not more than thirty days."

SECTION     12.     Section 16-13-260 of the 1976 Code is amended to read:

"Section 16-13-260. Whoever shall A person who falsely and deceitfully obtain obtains or get gets into his hands or possession any money, goods, chattels, jewels, or other things of any other another person by color and means of any a false token or counterfeit letter made in any other another person's name shall is guilty of a misdemeanor and, upon conviction thereof, suffer such imprisonment as must be imprisoned in the discretion of the court may adjudge; provided, that when. When the value of the money, goods, chattels, and other things so obtained do not exceed in value fifty is not more than one thousand dollars, then the offense may be tried is triable in the magistrate's court and, upon conviction, the person must be fined not more than five hundred dollars or imprisoned not more than thirty days. Punishment shall be not more than is permitted by law without presentment or indictment by the grand jury."

SECTION     13.     Section 16-13-420 of the 1976 Code is amended to read:

"Section 16-13-420.     Any A person having who has any motor vehicle, trailer, appliance, equipment, or tool in his possession or under his control by virtue of a lease or rental agreement who wilfully and fraudulently fails to return the motor vehicle, trailer, appliance, equipment, or tool within seventy-two hours after the lease or rental agreement has expired, or who fraudulently secretes or appropriates the property to any use or purpose not within the due and lawful execution of his lease or rental agreement shall be is guilty of larceny. If the original dollar amount of the property is one thousand dollars or less, the offense is triable in magistrate's court and, upon conviction, the person must be fined not more than five hundred dollars or imprisoned not more than thirty days. Provided, that the The provisions of this section shall do not apply to lease-purchase agreements or conditional sales type contracts."

SECTION     14.     Section 22-3-550 of the 1976 Code is amended to read:

"Section 22-3-550. Magistrates shall have jurisdiction of all offenses which may be subject to the penalties of either fine or forfeiture not exceeding two hundred five hundred dollars or imprisonment in the jail or workhouse not exceeding thirty days and may impose any sentence within those limits, singly or in the alternative. In addition, a magistrate may order restitution he considers appropriate."

SECTION     15.     Section 22-3-570 of the 1976 Code is amended to read:

"Section 22-3-570.     Magistrates shall have jurisdiction of larcenies by stealing of the property of another,; of money, goods, or chattels,; of any bank note, bond, promissory note, bill of exchange, or other bill, order, or certificate,; of any book of accounts for or concerning money or goods due, to become due or to be delivered,; of any deed or writing containing a conveyance of land,; of any other valuable contract in force,; of any receipt, release, or defeasance,; or of any writ, process, or public record, if the property stolen does not exceed twenty one thousand dollars in value."

SECTION     16.     This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Reps. WILKINS, HODGES and MARTIN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\DKA\4546AL.93), which was adopted.

Amend the bill, as and if amended, by striking the first paragraph of Section 16-13-180, and inserting:

/Section 16-13-180.     It is unlawful for any a person knowingly to buy, or receive, or possess stolen goods, chattels, or other property if the person knows or has reason to believe the goods, chattels, or property are stolen. A person is guilty of this offense whether or not anyone is convicted of the theft of the property. Any A person violating who violates the provisions of this section may be punished as follows:/

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Rep. D. SMITH moved to adjourn debate upon the Bill until Wednesday, April 14, which was adopted.

The following Bill was taken up.

H. 3213 -- Rep. Wofford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-11-75 SO AS TO CREATE A CRIMINAL OFFENSE FOR TRESPASSING ONTO OR REFUSING TO LEAVE A STATE MENTAL HEALTH FACILITY AND TO PROVIDE PENALTIES AND MUNICIPAL AND MAGISTRATE'S COURT JURISDICTION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JMG\1058AC.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 44-11-75.         (A)     It is unlawful for a person without legal cause or good excuse to enter on the premises of a state mental health facility after having been warned by the facility director or, in his absence, by the Director's representative, in writing, within the six months preceding not to enter on the premises.

(B)     It is unlawful for a person without legal cause or good excuse to fail or refuse immediately to leave the premises of a state mental health facility upon being ordered or requested to leave by the facility director or, in his absence, by the facility director's representative.

(C)     A person violating subsection (A) or (B), upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.

(D)     A municipal court or magistrate's court has jurisdiction over violations of this section occurring within the respective limits of the municipality or magisterial district."

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

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

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

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

The Senate returned to the House with concurrence the following:

H. 3798 -- Rep. Spearman: A CONCURRENT RESOLUTION RECOGNIZING THE VALUE AND SIGNIFICANCE OF EXCELLENCE IN CRAFTSMANSHIP AND CALLING UPON THE PEOPLE OF SOUTH CAROLINA TO OBSERVE THE "YEAR OF AMERICAN CRAFT: A CELEBRATION OF THE CREATIVE WORK OF THE HAND" WITH APPROPRIATE CEREMONIES AND ACTIVITIES.

At 12:55 P.M. the House in accordance with the motion of Rep. FARR adjourned in memory of Merle P. Prince of the Buffalo Community in Union County, to meet at 10:00 A.M. tomorrow.

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