HOUSE JOURNAL for Mar. 22, 1994 - South Carolina Legislature Online

South Carolina General Assembly
110th Session, 1993-1994
Journal of the House of Representatives

TUESDAY, MARCH 22, 1994

Tuesday, March 22, 1994
(Statewide Session)

~~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:

Almighty God, we thank You for another day to serve. Endue our fallible minds with Your wisdom. Give us spiritual stature to match the demands of this day. Grant us the willingness to follow Your teachings with confidence and courage, assured that when we pursue Your ways we shall not walk in darkness but have the light of life. Make us to surrender and dedicate ourselves anew to Your gracious and divine will. Give to all fairness of appraisal, poise in confusion, and a child-like faith in God.

We pray in praise and thanksgiving. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. McKAY moved that when the House adjourns, it adjourn in memory of Walter D. "Red" Tyler, his father-in-law, which was agreed to.

INVITATIONS

The following were received and referred to the Committee on Invitations and Memorial Resolutions.

February 8, 1994
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

The Governmental Affairs Committee of the Association of Citadel Men, on behalf of our Citadel alumni and friends of The Citadel, cordially extend an invitation to the members of the House of Representatives, their spouses and attaches to attend the Nineteenth Annual Association of Citadel Men Legislative Barbecue. This event is held to honor the members of the General Assembly, Constitutional Officers, Justices of the Supreme Court, Judges of the Court of Appeals and Judges of the Circuit Court.

The barbecue is scheduled for Tuesday, April 5 in the Cantey Building on the State Fairgrounds. Dress will be casual. Everyone attending must be at least 21 years of age.

We would request that this invitation be extended to the members of the House of Representatives by placing an announcement in the House calendar. A formal invitation will be sent to you and to the members of the House about ten days prior to the barbecue.

Very truly yours,
Rick M. Crosby, '75
President

March 2, 1994
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

Thank you for reserving April 6, on the House Calendar for our Legislative Appreciation Breakfast, hosted by the South Carolina Arts Alliance, in conjunction with our co-sponsorship of the South Carolina Arts Commission's 1994 Statewide Conference on the Arts. The breakfast will take place at the Ramada Town House, 8:00 until 9:00 A.M. and invitations will be sent to hundreds of conference attendees as well as the General Assembly.

Our keynote speaker will be Dr. Terry Peterson, Counsel to the U.S. Secretary of Education Richard W. Riley. Dr. Peterson will discuss the new national goals for education, "GOALS 2000: Educate America Act", which recently passed the House and Senate, and how it will affect all of us on the state and local level.

We hope you will be able to join your many constituents for this special event so we may personally recognize and thank you as part of a legislative team which has been so important to the growth of the arts and culture in our State. I am enclosing a public awareness brochure of which we are very proud: "In South Carolina, Arts Education Means Business", and which has gained much attention nationally in the field of arts education.

Thank you for your assistance in processing this invitation. Please let me know how I can be of further assistance.

Sincerely,
Betty J. Plumb
Executive Director

August 5, 1993
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

On behalf of the Home Builders Association of South Carolina, I am pleased to invite the members of the House to be our guests at our annual Bird Supper. This will be our twenty-third quail dinner for the legislature and other public officials.

The Bird Supper will be held on Wednesday, April 6, 1994, at the Moore Building, State Fairgrounds, Columbia, South Carolina. Cocktails will be served at 6:30 P.M. and dinner at 7:15 P.M.

We appreciate this opportunity to meet with our elected officials and express our concerns.

Sincerely,
Quenton L. Wood
President

March 16, 1994
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

My name is Katie Sweeney. I am 10 and I am President of S.C.A.F.L., the South Carolina Association of Ferret Lovers. I have been working very hard on House Bill 4574 and Senate Bill 1248 and getting more and more support.

On Thursday, April 7, 1994, a group of us is planning on being at the Capitol to show support for my Bills. There should be at least 200 people, mostly students and kids from colleges and schools, veterinarians and others. From 9:00 to 10:00 A.M. we would like to have a coffee, juice and donuts drop-in in the Capitol Lobby for Legislators. May we?

Thanking you in advance,

Katie Sweeney

April 20, 1993
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

The Clemson University Division of Agriculture and Natural Resources will sponsor an appreciation dinner on Tuesday, April 12, 1994, for members of the South Carolina General Assembly.

The event will be held at The Woman's Club of Columbia located at 1703 Blossom Street. We will begin with a social at 6:00 P.M. and dinner will follow at 7:00 P.M.

Please place this event on the House Calendar for 1994. If you need further information concerning this function or if there is a problem with this date, please call Louise Newell at 656-3015.

Sincerely,
Milton B. Wise
Vice President

February 17, 1994
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

On behalf of the Governor's Community Improvement Board and South Carolina Clean and Beautiful, we would like to invite members of the House of Representatives to a Breakfast Drop-In from 8:00-9:30 A.M., April 13, 1994, in room 208 of the Blatt building. This event will take place during the 25th Annual Governor's Community Improvement Conference.

We would appreciate your assistance in placing this event on the official House of Representatives Calendar. Please acknowledge this placement at your earliest convenience.

Sincerely,
Dolly Patton

March 1, 1994
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

On April 13, 1994, the Summary Court Judges' Association is hosting a reception for members of the South Carolina General Assembly, including the Clerk's staff.

The reception is being held at Seawell's, located at the S.C. State Fairgrounds, from 6:00 - 9:00 P.M. We hope that you will make your plans to be with us.

With warm personal regards, I am

Very truly yours,
Joe C. Cantrell, President
S.C. Summary Court Judges Association

October 27, 1993
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

The South Carolina Farm Bureau Federation cordially extends an invitation to the members of the House, Research Directors, Administrative Assistants, Secretaries, spouses and/or escorts, to attend our 50th anniversary celebration scheduled for April 19, 1994. A reception will be held from 6:00 P.M. to 7:30 P.M. at the Sheraton Hotel and Conference Center, 2100 Bush River Road, Columbia, South Carolina.

Your interest and help in this matter is most appreciated.

Sincerely,
Benjie Rhoad
Assistant to the President

November 8, 1993
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

I wanted to write you and confirm our earlier discussions about an event on Tuesday, April 26, 1994 in Columbia.

The Advisory Board of the South Carolina Agricultural Experiment Station System will be holding a reception for members of the S.C. House and Senate at the Lace House in the Governor's Mansion complex, beginning at 6:00 P.M. and ending at 8:00 P.M.

Please give me a call if you would like more information. Thanks again for your help.

Sincerely,
Gary L. McMahan
Assistant to the Dean

February 25, 1994
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

The Young Bankers Division of the South Carolina Bankers Association is hosting its annual Legislative Oyster Roast on April 27, 1994, at 6:00 P.M. at the Sterling Garden Center, 320 Senate Street, Columbia, South Carolina. We would like to cordially invite the members of the House to attend this function.

I would appreciate your reserving this date on the House Calendar and notifying me upon confirmation of this date. Should you need additional information please contact Anne Gillespie at the Association office.

Thank you for your assistance.

Sincerely yours,
Clarence P. Scott
President

REGULATION RECEIVED

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

Document No. 1708
Promulgated By Department of Consumer Affairs
Staff Leasing Services
Received By Speaker March 18, 1994
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date February 22, 1995

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., March 17, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 331, H. 4459 by a vote of 45 to 0.
(R331) H. 4459 -- Rep. McTeer: AN ACT TO AMEND ACT 445 OF 1947, AS AMENDED, THE SUPPLY BILL FOR HAMPTON COUNTY FOR FISCAL YEAR 1947-48, SO AS TO INCREASE THE SIZE OF THE BOARD OF DIRECTORS OF THE HAMPTON GENERAL HOSPITAL FROM FIVE TO NINE MEMBERS AND TO REVISE AND DELETE OBSOLETE REFERENCES.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., March 17, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor on R. 314, S. 1193 by a vote of 0 to 45.
(R314) S. 1193 -- Senator Courtney: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 21, 1994, MISSED BY THE STUDENTS OF COWPENS ELEMENTARY SCHOOL OF SPARTANBURG COUNTY SCHOOL DISTRICT THREE WHEN THIS SCHOOL WAS CLOSED DUE TO A MALFUNCTION OF THE HEATING SYSTEM IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Very respectfully,
President

Received as information.

REPORT OF STANDING COMMITTEE

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

H. 4827 -- Reps. McElveen, Neal, Shissias, Cobb-Hunter, Cromer, Mattos, Govan, Inabinett, Wofford, Hutson, Wells, Waldrop, Boan and Hodges: A CONCURRENT RESOLUTION ENDORSING THE PETITION REQUESTING AN ADMINISTRATIVE WAIVER REGULATION FROM THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ALLOW STATES TO DEVIATE FROM AID TO FAMILIES WITH DEPENDENT CHILDREN PROGRAM REGULATIONS FOR THE PURPOSE OF MAKING PROGRAM ADMINISTRATION MORE EFFICIENT AND EFFECTIVE.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

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

H. 4945 -- Rep. Wright: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE BOYS BASKETBALL TEAM OF IRMO HIGH SCHOOL, COACHING STAFF, AND SCHOOL OFFICIALS ON WEDNESDAY, APRIL 20, 1994, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE CLASS AAAA STATE CHAMPIONSHIP FOR 1994.

Be it resolved by the House of Representatives:

That the boys basketball team of Irmo High School, coaching staff, and school officials are extended the privilege of the floor of the House of Representatives on Wednesday, April 20, 1994, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the Class AAAA State Championship for 1994.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4946 -- Rep. Wright: A CONCURRENT RESOLUTION CONGRATULATING THE YELLOW JACKETS OF IRMO HIGH SCHOOL ON WINNING THE CLASS AAAA BOYS STATE BASKETBALL CHAMPIONSHIP FOR 1994.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1278 -- Senator Moore: A CONCURRENT RESOLUTION TO RECOGNIZE AND TO THANK MRS. ROSETTA A. MILLER OF NEW YORK CITY FOR HER GENEROUS DONATION OF TWO HUNDRED ACRES TO THE WILDLIFE AND MARINE RESOURCES DEPARTMENT FOR THE HERITAGE TRUST PROGRAM IN MEMORY OF HER GRANDFATHER, MR. FRANK PICKENS HENDERSON.

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

INTRODUCTION OF BILLS

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

H. 4947 -- Reps. Klauber, Kinon, Graham, McKay and McAbee: A BILL TO AMEND CHAPTER 111, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOLARSHIPS AND EDUCATION, BY ADDING ARTICLE 6 SO AS TO PROVIDE FOR FREE TUITION AT STATE-SUPPORTED COLLEGES AND UNIVERSITIES AND TECHNICAL SCHOOLS FOR PERSONS SERVING IN THE SOUTH CAROLINA NATIONAL GUARD, AND TO PROVIDE THE PROCEDURES FOR THE GRANTING OF SUCH FREE TUITION.

Referred to Committee on Education and Public Works.

H. 4948 -- Rep. M.O. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-55-2335 SO AS TO PROVIDE THAT IN A COMMUNITY SWIMMING POOL CLASSIFIED AS "CLASS B" POOL UNDER REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, CHILDREN WHO HAVE REACHED THE AGE OF EIGHT AND WHO HAVE PASSED A SWIMMING TEST ESTABLISHED BY THE GOVERNING AUTHORITY OF THE POOL ARE PERMITTED TO SWIM AND ARE ALLOWED IN THE POOL WITHOUT ADULT SUPERVISION.

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

H. 4949 -- Reps. Cobb-Hunter and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1641 SO AS TO REQUIRE ADULTS IN FOSTER HOMES AND EMPLOYEES AND VOLUNTEERS IN RESIDENTIAL GROUP HOMES AND CHILD CARING INSTITUTIONS TO UNDERGO CENTRAL REGISTRY CHILD ABUSE AND NEGLECT CHECKS AND CRIMINAL HISTORY BACKGROUND CHECKS AND TO PROHIBIT A PERSON WITH CERTAIN CONVICTIONS FROM SERVING IN THESE CAPACITIES.

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

H. 4950 -- Rep. G. Bailey: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION AND ASSESSMENT RATIOS OF PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO DELETE THE ROLLBACK TAX AND TO IMPOSE A CHANGE OF USE PENALTY IN THE AMOUNT OF FIFTY DOLLARS WHEN REAL PROPERTY IS CHANGED FROM AGRICULTURAL USE.

Referred to Committee on Ways and Means.

H. 4951 -- Rep. Cromer: A BILL TO AMEND SECTION 55-5-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF THE AERONAUTICS DIVISION OF THE DEPARTMENT OF COMMERCE, SO AS TO REVISE THE DIVISION'S AUTHORITY; TO PROVIDE FOR A STUDY OF SHUTTLE FLIGHTS, TO TRANSFER CERTAIN AIRCRAFT MAINTENANCE FUNDS FOR THE MEDICAL UNIVERSITY OF SOUTH CAROLINA TO THE AERONAUTICS DIVISION, AND TO PROVIDE FOR THE SALE OF ONE STATE AIRCRAFT AND DISPOSE OF THE PROCEEDS OF THE SALE.

Referred to Committee on Education and Public Works.

H. 4952 -- Reps. R. Smith, Rudnick, Stone, Huff and Sharpe: A JOINT RESOLUTION TO PROVIDE THAT THE FIVE SCHOOL DAYS MISSED BY THE STUDENTS OF L-B-C MIDDLE SCHOOL IN AIKEN COUNTY DURING SCHOOL YEAR 1993-94 WHEN THE SCHOOL WAS CLOSED DUE TO FIRE ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

H. 4953 -- Rep. R. Smith: A BILL TO AMEND SECTION 38-77-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTOMOBILE INSURANCE LAW AND THE REQUIREMENT UPON INSURERS TO INSURE AND EXCEPTIONS, SO AS TO PROVIDE THAT, WITH RESPECT TO THE NOTICE OF CANCELLATION FOR NONPAYMENT OF PREMIUM, IN CIRCUMSTANCES OF NONPAYMENT OF THE PREMIUM MADE TO THE INSURER OR AGENT WHERE THE INSURER OR AGENT HAS NOTIFIED THE PERSON BY FIRST CLASS, CERTIFIED MAIL OF ITS INABILITY TO COLLECT THE PREMIUM UTILIZING THE FINANCIAL INSTRUMENT PROVIDED BY THE PERSON, THE NOTICE OF CANCELLATION NOTIFIES THE PERSON THAT THE POLICY AND COVERAGE ARE CANCELED AT THE DATE AND TIME SUCH PREMIUM WAS DUE; TO AMEND SECTION 38-39-90, RELATING TO CANCELLATION OF INSURANCE CONTRACTS BY A PREMIUM SERVICE COMPANY, SO AS TO PROVIDE FOR A REFUND OF ANY EXCESS TO THE INSURED OR THE INSURANCE AGENT, AGENCY, OR BROKER PLACING THE INSURANCE FOR THE ACCOUNT OF THE INSURED; TO AMEND SECTION 38-43-410, RELATING TO THE ADVANCING OF PREMIUMS BY INSURANCE AGENTS, SERVICE CHARGE, AND THE PROVISION THAT AN UNPAID BALANCE AND SERVICE CHARGE CONSTITUTE A LIEN ON UNEARNED PREMIUMS, SO AS TO PROVIDE FOR THE ADVANCEMENT OF ALL OR ANY PART OF A PREMIUM FOR AN INSURANCE POLICY TO A PREMIUM SERVICE COMPANY, AND PROVIDE THAT THE AGENT OR AGENCY HAS A LIEN EQUAL TO THE AMOUNT OF THE UNPAID BALANCE AND SERVICE CHARGES UPON ANY SURPLUS OVER THE AMOUNT DUE FROM AN INSURED HELD BY A PREMIUM SERVICE COMPANY; AND TO AMEND SECTION 38-43-450, RELATING TO THE ADVANCING OF PREMIUMS BY INSURANCE AGENTS AND THE REQUIREMENT THAT THE EXCESS OF A RETURN PREMIUM OVER AN UNPAID BALANCE AND CHARGES MUST BE HELD IN TRUST, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE, AND PROVIDE FOR PAYMENT OF EXCESS OF RETURN PREMIUM BY A PREMIUM SERVICE COMPANY.

Referred to Committee on Labor, Commerce and Industry.

H. 4954 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-437 SO AS TO MAKE IT UNLAWFUL KNOWINGLY TO MAKE ANY FALSE STATEMENT WITH RESPECT TO INCOME FOR THE PURPOSES OF OBTAINING HOUSING FROM A PUBLIC HOUSING AUTHORITY.

Referred to Committee on Labor, Commerce and Industry.

H. 4955 -- Reps. Holt, J. Bailey, Gonzales, Barber, Whipper, Breeland, Inabinett, J. Harris, Harrell and Fulmer: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER TO A LOCAL PUBLIC ENTITY APPROVED BY THE BOARD, AN AMOUNT NOT TO EXCEED SIX HUNDRED THOUSAND DOLLARS FROM MONIES SET ASIDE FOR THE PATRIOT'S POINT DEVELOPMENT AUTHORITY PURSUANT TO THE PROVISIONS OF SECTION 51-13-860 OF THE 1976 CODE, AND PROVIDE THAT THESE MONIES MUST BE LOANED FOR A PERIOD NOT TO EXCEED THREE YEARS AT AN INTEREST RATE TO BE DETERMINED BY THE STATE TREASURER, WITH THE MONEY FROM THIS LOAN USED BY THE ENTITY EXCLUSIVELY FOR THE BENEFIT OF SPOLETO FESTIVAL, USA.

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

H. 4956 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-5-15 SO AS TO PROVIDE THAT A MECHANIC'S LIEN MAY BE FILED FOR ENVIRONMENTAL WORK OR SERVICES PERFORMED ON OR RENDERED TO REAL ESTATE.

Referred to Committee on Judiciary.

S. 25 -- Senators Bryan and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-737 SO AS TO REQUIRE AN OFFER OF COVERAGE FOR MENTAL ILLNESS IN GROUP HEALTH INSURANCE POLICIES AND PROVIDE EXEMPTIONS FOR HEALTH INSURANCE PLANS WHICH OFFER THE COVERAGE.

Referred to Committee on Labor, Commerce and Industry.

S. 894 -- Senators Hayes, Giese, Lander and Washington: A BILL TO AMEND SECTION 56-5-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF DRIVER INVOLVED IN ACCIDENT RESULTING IN DEATH OR PERSONAL INJURY, SO AS TO INCREASE THE PENALTIES FOR LEAVING THE SCENE OF AN ACCIDENT WHEN DEATH RESULTS.

Referred to Committee on Judiciary.

S. 1149 -- Senators Greg Smith, Rankin, McGill and Washington: A BILL TO AMEND SECTION 1-11-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO PROVIDE THAT COMMUNITY ACTION AGENCIES ARE ELIGIBLE FOR SUCH BENEFITS.

Referred to Committee on Ways and Means.

S. 1183 -- Senator Drummond: A BILL TO AMEND SECTION 1-1-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSTALLMENT PURCHASE PROGRAM OF THE DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD FOR LEASE OR RESALE OF EQUIPMENT TO STATE AGENCIES, SO AS TO MOVE THE ADMINISTRATION OF THE PROGRAM TO THE OFFICE OF THE STATE TREASURER AND PROVIDE THAT THE PROGRAM IS FOR THE PURPOSE OF LENDING TO STATE AGENCIES TO LEASE OR PURCHASE CERTAIN TYPES OF EQUIPMENT PURSUANT TO STATE PROCUREMENT LAWS AND REGULATIONS, TO PROVIDE ADDITIONAL EQUIPMENT WHICH MAY BE PURCHASED PURSUANT TO THE PROGRAM, AND TO PROVIDE LOWER STATED RATES OF INTEREST FOR AGENCIES BORROWING AND FOR INSURANCE RESERVE FUND LOANS FOR OPERATING THE PROGRAM.

Referred to Committee on Ways and Means.

S. 1245 -- Finance Committee: A BILL TO AMEND SECTIONS 27-18-180, 27-18-190, 27-18-240, AND 27-18-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO INCREASE FROM TWENTY-FIVE DOLLARS TO FIFTY DOLLARS THE THRESHOLD VALUE ABOVE WHICH CERTAIN UNCLAIMED PROPERTY MUST BE REPORTED, TO DELETE THE SEPARATE REPORTING AND NOTICE DATE FOR LIFE INSURANCE COMPANIES, TO ALLOW PAYMENT OF A FINDER'S FEE FOR THE DELIVERY OF UNCLAIMED PROPERTY HELD BY A NONRESIDENT AND TO ESTABLISH CONDITIONS FOR THE PAYMENT OF THIS FEE, TO MAKE MANDATORY THE PAYMENT OF INTEREST ON LATE DELIVERED PROPERTY, AND TO REPLACE SEPARATE PENALTY PROVISIONS WITH THE COLLECTION AND ENFORCEMENT PROVISIONS APPLICABLE TO TAXES FOR WHICH RETURNS MUST BE FILED WITH THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND TAXATION.

Referred to Committee on Ways and Means.

CONCURRENT RESOLUTION

The following was introduced:

H. 4957 -- Reps. J. Wilder, Felder and Haskins: A CONCURRENT RESOLUTION TO AUTHORIZE THE CONTINUED DISPOSAL AT THE BARNWELL FACILITY OF LOW-LEVEL RADIOACTIVE WASTE GENERATED OUTSIDE THE SOUTHEAST LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT REGION PURSUANT TO CODE SECTION 48-48-80(G) OF THE 1976 CODE FROM JULY 1, 1994, TO DECEMBER 31, 1995, AND ONLY TO THE EXTENT THAT THE SOUTHEAST LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT COMMISSION APPROVES.

Five members objecting to immediate consideration, the Resolution was ordered referred to the Committee on Judiciary.

HOUSE RESOLUTION

The following was introduced:

H. 4958 -- Rep. Keyserling: A HOUSE RESOLUTION TO CONGRATULATE THE BOYS AND GIRLS CLUB OF BEAUFORT FOR REACHING OVER HALF OF ITS $1.5 MILLION BUILDING FUND DRIVE AND COMMEND THE CLUB FOR THE IMPORTANT ROLE IT IS PLAYING IN THE LIVES AND FUTURES OF BEAUFORT'S YOUTH AND CHALLENGE THE CITIZENS OF BEAUFORT TO ASSIST IN REACHING THIS BUILDING FUND DRIVE.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4959 -- Reps. Snow, Wright, Witherspoon, Riser, Shissias, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Robinson, Rogers, Rudnick, Scott, Sharpe, Sheheen, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Wofford, Worley, A. Young and R. Young: A CONCURRENT RESOLUTION TO CONGRATULATE COACH FRANK HOWARD ON HIS 85TH BIRTHDAY ON MARCH 25, 1994.

Whereas, Coach Frank Howard has devoted all of his adult life to promoting and fostering collegiate athletics in South Carolina, especially football;

Whereas, Coach Frank Howard was on the Clemson University coaching staff for a period of 39 years, 30 of these years as Head Coach; and

Whereas, when Coach Frank Howard also served as Athletic Director of Clemson University for 32 years and was on the athletic department staff for 43 years; and

Whereas, Coach Frank Howard was honored by the Clemson University Board of Trustees by having the playing surface of Clemson Memorial Stadium (Death Valley) named "Frank Howard Field" in honor of his long service to the University; and

Whereas, when Coach Frank Howard retired as Clemson University Head Coach after the 1969 season, he was the nation's dean of coaches, having been the head coach at a major institution longer than anyone else in the United States; and

Whereas, Coach Frank Howard was named Coach of the Year of the Southern Conference in 1948, and of the Atlantic Coast Conference in both 1958 and 1966; and

Whereas, Coach Frank Howard retired from active coaching with a record of 165 victories, 118 losses and 12 ties; and

Whereas, Coach Frank Howard has become active in other endeavors since his retirement, having served as State Chairman of the South Carolina Heart Fund annual drive, and was roasted on several occasions on behalf of the Multiple Sclerosis Society, and is a staunch supporter of the State of South Carolina Athletic Hall of Fame. Now, therefore,

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

That the General Assembly of the State of South Carolina wishes Coach Frank Howard warm regards and the very best on his 85th birthday on March 25, 1994.

Be it further resolved that a copy of this resolution be forwarded to The Committee to Honor Coach Frank Howard.

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

CONCURRENT RESOLUTION

The following was introduced:

S. 1279 -- Senators Setzler, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION COMMENDING E. ROY STONE, JR., OF GREENVILLE FOR HIS OUTSTANDING AND DEDICATED SERVICE TO THE CITIZENS OF SOUTH CAROLINA AS A MEMBER AND CHAIRMAN OF THE GOVERNING BOARD OF THE VOCATIONAL REHABILITATION DEPARTMENT.

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

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Bailey, G.
Bailey, J.             Barber                 Baxley
Boan                   Breeland               Brown, G.
Brown, H.              Brown, J.              Byrd
Canty                  Carnell                Cato
Chamblee               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
Huff                   Hutson                 Inabinett
Keegan                 Kelley                 Kennedy
Keyserling             Kinon                  Kirsh
Klauber                Koon                   Lanford
Law                    Littlejohn             Marchbanks
Mattos                 McAbee                 McCraw
McElveen               McKay                  McMahand
McTeer                 Meacham                Moody-Lawrence
Neal                   Neilson                Phillips
Rhoad                  Richardson             Riser
Robinson               Rogers                 Scott
Sharpe                 Sheheen                Shissias
Simrill                Smith, R.              Snow
Spearman               Stille                 Stone
Stuart                 Townsend               Trotter
Tucker                 Vaughn                 Waites
Waldrop                Walker                 White
Wilder, D.             Wilder, J.             Wilkins
Williams               Witherspoon            Wofford
Wright                 Young, A.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, March 22.

Lucille S. Whipper                William S. Houck, Jr.
B. Hicks Harwell                  Dell Baker
Richard M. Quinn, Jr.             Michael F. Jaskwhich
Doug Smith                        G. Ralph Davenport, Jr.
Irene K. Rudnick                  E.B. McLeod, Jr.
H. Howell Clyborne, Jr.           Timothy C. Wilkes
C. Lenoir Sturkie                 Donald W. Beatty
Morgan Martin                     Harold G. Worley
Eugene C. Stoddard                Roger M. Young
Douglas Jennings, Jr.             Lindsey O. Graham

Total Present--121

LEAVES OF ABSENCE

The SPEAKER granted Rep. THOMAS a leave of absence due to illness.

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

DOCTOR OF THE DAY

Announcement was made that Dr. John B. DuBose of Camden is the Doctor of the Day for the General Assembly.

RETURNED TO THE SENATE WITH AMENDMENT

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

S. 1188 -- Senators Washington and Mescher: A BILL TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION FOR COLLETON COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR COLLETON COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE COLLETON COUNTY ELECTION COMMISSION AND THE COLLETON COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW COLLETON COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.

H. 4882--DEBATE ADJOURNED

Rep. G. BAILEY moved to adjourn debate upon the following Bill until Wednesday, March 23, which was adopted.

H. 4882 -- Reps. G. Bailey, Cobb-Hunter, Hutson, Harrell and A. Young: A BILL TO AMEND SECTION 7-7-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND PLACES IN DORCHESTER COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND DELETE THE SPECIFIC VOTING PLACES FOR EACH PRECINCT, PROVIDE THAT THE PRECINCTS ARE AS SHOWN ON OFFICIAL MAPS ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD DESIGNATED AS DOCUMENT P-35-94, AND PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS PROVIDED IN THIS SECTION MUST BE ESTABLISHED BY THE DORCHESTER COUNTY ELECTION COMMISSION.

H. 4889--DEBATE ADJOURNED

Rep. FELDER moved to adjourn debate upon the following Bill until Tuesday, March 29, which was adopted.

H. 4889 -- Rep. Felder: A BILL TO PROVIDE THAT THE CALHOUN COUNTY SCHOOL DISTRICT SHALL BE GOVERNED AND MANAGED BY A BOARD OF TRUSTEES, THE NUMBER OF WHICH MUST BE THE SAME AS THE NUMBER OF MEMBERS COMPRISING THE CALHOUN COUNTY COUNCIL, PROVIDE FOR THE ELECTION OF THE SCHOOL TRUSTEES FROM SINGLE-MEMBER ELECTION DISTRICTS, PROVIDE FOR THE QUALIFICATIONS AND TERMS OF THE TRUSTEES AND FOR THE REAPPORTIONMENT OF THE TRUSTEES' ELECTION DISTRICTS, PROVIDE FOR THE FILLING OF VACANCIES, AND PROVIDE FOR THE ELECTION OF TRUSTEES ON A NONPARTISAN BASIS AND FOR THE ANNUAL ELECTION OF THE SCHOOL BOARD'S CHAIRMAN; TO PROVIDE THAT MEMBERS OF THE BOARD OF TRUSTEES OF THE CALHOUN COUNTY SCHOOL DISTRICT ELECTED IN 1992 SHALL CONTINUE IN OFFICE UNTIL THE PRESCRIBED EXPIRATION OF THEIR TERMS AND THAT ALL MEMBERS OF THE BOARD WHOSE TERMS WOULD OTHERWISE COMMENCE FOLLOWING THE 1994 ELECTION MUST BE ELECTED IN 1994 ACCORDING TO THE PROVISIONS OF THIS ACT; TO PROVIDE THAT THE INCUMBENT CHAIRMAN OF THE BOARD SHALL CONTINUE AS A MEMBER AND AS CHAIRMAN OF THE BOARD FOR THE REMAINDER OF HIS TERM AS A BOARD MEMBER; AND TO REPEAL SECTION 2 OF ACT 743 OF 1976, RELATING TO THE BOARD OF TRUSTEES OF THE CALHOUN COUNTY SCHOOL DISTRICT.

ORDERED TO THIRD READING

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

H. 4919 -- Reps. T.C. Alexander and Graham: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR OCONEE COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF OCONEE COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.

H. 4382 -- Rep. J. Bailey: A BILL TO AMEND SECTION 38-73-1425, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FINAL RATE OR PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE CONCERNING THE SAFE DRIVER DISCOUNT AND PROVIDE THAT THE ESTABLISHING OF A RATE FOR ALL BUSINESS CEDED TO THE FACILITY MUST BE PHASED IN OVER A TWO-YEAR PERIOD IN A PARTICULAR MANNER.

Rep. J. BAILEY explained the Bill.

S. 947 -- Senators Giese, Passailaigue, Glover, Rose and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-45 SO AS TO PROVIDE THAT THE GOVERNOR'S OFFICE, DIVISION ON AGING SHALL DESIGNATE AREA AGENCIES ON AGING WHO SHALL DESIGNATE AS FOCAL POINTS CERTAIN RECIPIENTS OF FUNDS THROUGH THE DIVISION ON AGING.

H. 4288 -- Reps. Shissias, Harrison, Gamble, Waites, Felder, Worley, Beatty, Kelley, Littlejohn, McElveen, Delleney, Klauber, Phillips, D. Wilder, Corning, Wright, Keyserling, Stone, Davenport, Witherspoon, Thomas, Baxley and Stoddard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2735 SO AS TO ESTABLISH EDUCATIONAL REQUIREMENTS FOR CAREGIVERS IN CHILD DAY CARE CENTERS AFTER JUNE 30, 1994, AND TO PROVIDE AN EXCEPTION.

Rep. SHISSIAS explained the Bill.

H. 4627 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A JOINT RESOLUTION TO REAUTHORIZE THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS FOR SIX YEARS.

Rep. CHAMBLEE explained the Joint Resolution.

H. 4628 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-67-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATION OF THE BOARD OF EXAMINERS IN SPEECH PATHOLOGY AND AUDIOLOGY, SO AS TO REVISE THE NAME OF THE BOARD; TO AMEND SECTION 40-67-80, RELATING TO MEMBERSHIP ON THE BOARD, SO AS TO PROVIDE FOR TWO SPEECH-LANGUAGE PATHOLOGISTS ON THE BOARD RATHER THAN TWO SPEECH PATHOLOGISTS AND TO PROVIDE THAT NOMINATION FOR BOARD APPOINTMENT MUST BE MADE ONLY FOR THE SPEECH-LANGUAGE PATHOLOGIST AND AUDIOLOGIST POSITIONS; AND TO REAUTHORIZE THE STATE BOARD OF EXAMINERS IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY FOR SIX YEARS.

Rep. CHAMBLEE explained the Bill.

H. 4629 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-36-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING REQUIREMENTS FOR OCCUPATIONAL THERAPY, SO AS TO REVISE BY WHOM AN EDUCATIONAL PROGRAM MUST BE ACCREDITED; TO AMEND SECTION 40-36-180, RELATING TO FEES, SO AS TO INCLUDE VERIFICATION FEES AMONG THOSE FEES THAT THE BOARD MAY PRESCRIBE IN REGULATION; AND TO REAUTHORIZE THE SOUTH CAROLINA BOARD OF OCCUPATIONAL THERAPY FOR SIX YEARS.

H. 4662 -- Rep. Hodges: A BILL TO AMEND SECTION 14-7-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAMES OF THOSE WHO ARE DRAWN AND SERVE AS JURORS, SO AS TO PERMIT A PERSON WHOSE NAME HAS BEEN PROPERLY DRAWN TO SERVE MORE THAN ONCE EVERY THREE YEARS.

Rep. HODGES explained the Bill.

H. 4681--OBJECTIONS

The following Bill was taken up.

H. 4681 -- Reps. McElveen, Sheheen, Wilkins, Phillips, McTeer, Rogers, Farr, McCraw, Shissias, J. Bailey, Meacham, G. Brown, Waites, Cobb-Hunter, Barber, Tucker, Houck, Martin, Kirsh, Wright, Moody-Lawrence, Chamblee, Stille, McLeod, Stoddard, Simrill, Sturkie, D. Wilder, Cooper, Townsend, Hodges, Stuart, Allison, Walker, Snow, Boan, Gamble, Vaughn, Jaskwhich, Delleney, Wells, Neilson, Haskins, Davenport, Hines, Littlejohn, Cato, Beatty, Robinson, Lanford and Jennings: A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994" SO AS TO ESTABLISH A SCHOOL-TO-WORK SYSTEM TO EQUIP ALL STUDENTS WITH RELEVANT ACADEMIC SKILLS, MARKETABLE OCCUPATIONAL SKILLS, AND APPROPRIATE WORK-PLACE BEHAVIORS, TO ACCOMPLISH THE ABOVE THROUGH REVISIONS IN ACADEMIC AND VOCATIONAL CURRICULUM, ESTABLISHMENT OF CAREER EXPLORATION AND COUNSELING INITIATIVES, AND A PROGRAM OF APPRENTICESHIPS, MENTORSHIPS, AND WORK-PLACE EXPERIENCES, TO PROVIDE THAT BEGINNING WITH THE 1995-96 SCHOOL YEAR AND UNDER CERTAIN CONDITIONS, COMPLETION OF APPLIED ACADEMIC COURSES IN MATHEMATICS, SCIENCE, AND COMMUNICATIONS SKILLS SHALL FULFILL HIGH SCHOOL COURSE PREREQUISITE REQUIREMENTS AS EQUIVALENT TO PRECOLLEGE CURRICULUM REQUIREMENTS FOR APPLICANTS TO FOUR-YEAR POST-SECONDARY INSTITUTIONS, TO ESTABLISH A COMMITTEE TO STUDY AND MAKE RECOMMENDATIONS CONCERNING STATE TAX CREDITS FOR WORK-BASED PROGRAMS, HOW TO MAXIMIZE GOVERNMENT AND PRIVATE FUNDING FOR EDUCATION, AND WORKERS' COMPENSATION, INSURANCE AND LIABILITY ISSUES RELATING TO THE SCHOOL-TO-WORK SYSTEM; AND TO AMEND SECTION 41-13-20, RELATING TO CHILD LABOR, SO AS TO PROVIDE THAT NO CHILD UNDER THE AGE OF EIGHTEEN DURING THE REGULAR SCHOOL YEAR MAY WORK MORE THAN TWENTY HOURS A WEEK AND TO PROVIDE EXCEPTIONS.

Reps. HASKINS, HUFF and MARCHBANKS objected to the Bill.

SENT TO THE SENATE

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

H. 4389 -- Reps. J. Wilder, Baxley, Walker, Allison, D. Wilder, Waites, Wilkes, Rudnick, Harvin and Corning: A BILL TO AMEND ACT 38 OF 1993, RELATING TO THE DEPARTMENT OF MENTAL RETARDATION FAMILY SUPPORT SERVICES, SO AS TO CHANGE THE NAME OF THE DEPARTMENT TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS AND TO INCLUDE INDIVIDUALS WITH HEAD INJURIES, SPINAL CORD INJURIES, OR SIMILAR DISABILITIES AMONG THOSE FOR WHOM SERVICES ARE TO BE PROVIDED.

H. 4937 -- Reps. Fair, Vaughn, Haskins, Cato, Jaskwhich, McMahand, M.O. Alexander, Wilkins, Anderson, Baker, Mattos, Clyborne and Stoddard: A BILL TO AUTHORIZE THE MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY TO RECEIVE AN ANNUAL SALARY SET BY THE BOARD BY RESOLUTION AND TO PROVIDE THAT ANY INCREASE MAY NOT TAKE EFFECT UNTIL AFTER THE NEXT REGULARLY SCHEDULED ELECTION FOR TRUSTEES.

H. 4820--DEBATE ADJOURNED

Rep. BOAN moved to adjourn debate upon the following Bill until Wednesday, March 23, which was adopted.

H. 4820
GENERAL APPROPRIATION BILL
H. 4821--DEBATE ADJOURNED

Rep. BOAN moved to adjourn debate upon the following Joint Resolution until Wednesday, March 23, which was adopted.

H. 4821 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1993-94.

H. 4822--DEBATE ADJOURNED

Rep. BOAN moved to adjourn debate upon the following Joint Resolution until Wednesday, March 23, which was adopted.

H. 4822 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.

H. 4373--AMENDED AND ORDERED TO THIRD READING

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

H. 4373 -- Reps. Cromer and Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-153 SO AS TO PROVIDE THAT IF A PHARMACIST SUBSTITUTES A GENERIC DRUG FOR A PRESCRIPTION DRUG THE GENERIC DRUG MUST BE LISTED FIRST FOLLOWED BY THE PRESCRIPTION DRUG IN PARENTHESES.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15720AC.94), which was adopted.

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

/SECTION 1. Section 39-24-40 of the 1976 Code is amended by adding at the end:

"When dispensing a prescribed medication, if a pharmacist substitutes a generic drug for a name brand prescribed drug, the generic drug name must be listed on the prescription label first followed by the words 'substituted for' and the name brand prescribed drug in parentheses."

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

Renumber sections to conform.

Amend title to conform.

Rep. HOUCK explained the amendment.

The amendment was then adopted.

Rep. CROMER proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\15925AC.94), which was adopted.

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

/SECTION 1. Section 39-24-40 of the 1976 Code is amended by adding at the end:

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

Renumber sections to conform.

Amend title to conform.

Rep. HOUCK explained the amendment.

The amendment was then adopted.

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

H. 4481--DEBATE ADJOURNED

Rep. RHOAD moved to adjourn debate upon the following Bill until Wednesday, April 20, which was adopted.

H. 4481 -- Reps. Snow, Inabinett and Riser: A BILL TO AMEND SECTION 50-13-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST TAKING STRIPED BASS UNDER CERTAIN CONDITIONS, SO AS TO REVISE THE LENGTH OF THE STRIPED BASS PROHIBITION AND THE RESTRICTED AREA IN THE SANTEE RIVER AND PROVIDE FOR A RESTRICTION IN THE TAILRACE CANAL AND THE COOPER AND WANDO RIVERS.

REPORT OF STANDING COMMITTEE

Rep. McTEER, from the Committee on Rules, submitted a favorable report, on:

H. 4900 -- Reps. A. Young, G. Bailey, Harrell, Hutson and Cobb-Hunter: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO JOHN MCKISSICK, LEGENDARY HEAD COACH OF THE SUMMERVILLE HIGH SCHOOL GREENWAVE FOOTBALL TEAM, ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING SALUTED FOR ATTAINING THE RECORD FOR MOST CAREER VICTORIES.

H. 4900--ADOPTED

On motion of Rep. McTEER, with unanimous consent, the following House Resolution was taken up for immediate consideration.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representative be extended to John McKissick, legendary head football coach of the Summerville High School Greenwave football team, on a date and at a time to be determined by the Speaker for the purpose of being saluted for attaining the record for most career victories.

Rep. McTEER explained the Resolution.

The Resolution was adopted.

REPORT OF STANDING COMMITTEE

Rep. McTEER, from the Committee on Rules, submitted a favorable report, on:

H. 4917 -- Reps. Carnell, Spearman, P. Harris and McAbee: A CONCURRENT RESOLUTION TO COMMEND BILL J. SAMS, DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF VETERANS AFFAIRS, FOR HIS OUTSTANDING SERVICE TO THE STATE AND ITS VETERANS UPON THE OCCASION OF HIS RETIREMENT DURING THE LEGISLATIVE INTERIM, AND TO PROVIDE THAT PURSUANT TO THE RULES OF THE HOUSE OF REPRESENTATIVES, BILL SAMS SHALL BE GRANTED THE PRIVILEGE OF THE FLOOR OF THE HOUSE ON WEDNESDAY, MARCH 23, 1994, DURING THE JOINT SESSION OF THE GENERAL ASSEMBLY TO HEAR THE ADDRESS OF THE NATIONAL COMMANDER OF THE AMERICAN LEGION AT A TIME TO BE DETERMINED BY THE LIEUTENANT GOVERNOR FOR THE PURPOSES OF BEING PRESENTED THIS RESOLUTION AND BEING RECOGNIZED FOR HIS OUTSTANDING SERVICE AS DIRECTOR OF THE DEPARTMENT OF VETERANS AFFAIRS.

H. 4917--ADOPTED AND SENT TO THE SENATE

On motion of Rep. McTEER, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.

Whereas, the members of the General Assembly learned with regret that Bill J. Sams, Director of the South Carolina Department of Veterans Affairs, retired from this position during the legislative interim; and

Whereas, Bill Sams is a native of West Virginia, an Army veteran who served with distinction in Korea and Vietnam, and he worked in private industry for ten years before joining the Department of Veterans Affairs in 1979; and

Whereas, he became director of the department in 1988, and his many accomplishments during his tenure include the automation of the department, the remodeling and renovation of its offices, the institution of a quarterly veterans newsletter, and the obtaining of federal funding for the construction of the Campbell Veterans Nursing Home; and

Whereas, without question, Bill Sams put the welfare of the veterans of South Carolina above all else, and if South Carolina has ever had a true veterans' advocate, Bill Sams has been it; and

Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize and thank this great American and South Carolinian for all he has done for the veterans of this State upon the occasion of his retirement as Director of the Department of Veterans Affairs. Now, therefore,

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

That the members of the General Assembly hereby commend Bill J. Sams, Director of the South Carolina Department of Veterans Affairs, for his outstanding service to the State and its veterans upon the occasion of his retirement from this position during the legislative interim.

Be it further resolved that pursuant to Rule 10.1 of the Rules of the House, Bill J. Sams shall be granted the privilege of the House floor on Wednesday, March 23, 1994, during the joint session of the General Assembly to hear the address of the National Commander of the American Legion at a time to be determined by the Lieutenant Governor for the purposes of being presented this resolution and being recognized for his service to the veterans of South Carolina as Director of the Department of Veterans Affairs.

Rep. McTEER explained the Concurrent Resolution.

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

REPORT OF STANDING COMMITTEE

Rep. McTEER, from the Committee on Rules, submitted a favorable report, on:

H. 4933 -- Reps. Jaskwhich, Kelley, Stuart, Harrison, Haskins, McMahand, Mattos, Phillips, Farr, Vaughn, Allison, Clyborne, Cato, M.O. Alexander, Askins, Kennedy, Fair, Baker, Huff and D. Wilder: A CONCURRENT RESOLUTION INVITING MS. DODIE BURNS MAGILL OF GREENVILLE COUNTY, SOUTH CAROLINA'S TEACHER OF THE YEAR, TO ADDRESS A JOINT SESSION OF THE GENERAL ASSEMBLY ON WEDNESDAY, MARCH 23, 1994, IN THE HALL OF THE HOUSE OF REPRESENTATIVES.

H. 4933--ADOPTED AND SENT TO THE SENATE

On motion of Rep. McTEER, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.

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

That the General Assembly of the State of South Carolina, by this resolution, invites Ms. Dodie Burns Magill of Greenville County, South Carolina's Teacher of the Year, to address a joint session of the General Assembly, to be held in the Hall of the House of Representatives, on Wednesday, March 23, 1994, at a time to be designated by the Speaker of the House of Representatives and the President of the Senate.

Be it further resolved that a copy of this resolution be forwarded to Ms. Magill.

Rep. McTEER explained the Concurrent Resolution.

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

REPORT OF STANDING COMMITTEE

Rep. McTEER, from the Committee on Rules, submitted a favorable report, on:

H. 4694 -- Reps. J. Brown, Anderson, Byrd, Beatty, Hines, Kennedy, Moody-Lawrence, McMahand, Whipper, Williams, Breeland, Canty, Govan, Inabinett, Cobb-Hunter, Neal, Scott, and White: A HOUSE RESOLUTION EXTENDING TO THE STUDENTS FROM SOUTH CAROLINA STATE UNIVERSITY WHO ARE PARTICIPATING IN THE INTERNSHIP PROGRAM WITH THE SOUTH CAROLINA LEGISLATIVE BLACK CAUCUS ACCESS TO THE FLOOR OF THE HOUSE OF REPRESENTATIVES FOR THE DURATION OF THEIR PARTICIPATION IN THE PROGRAM.

H. 4694--ADOPTED

On motion of Rep. McTEER, with unanimous consent, the following House Resolution was taken up for immediate consideration.

Be it resolved by the House of Representatives:

That the students from South Carolina State University who are participating in the internship program with the South Carolina Legislative Black Caucus are permitted full access to the floor of the House of Representatives for the duration of their participation in the program.

Rep. McTEER explained the House Resolution.

The Resolution was adopted.

S. 195--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 195 -- Senators Hayes, Stilwell, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-25 SO AS TO CREATE THE CRIME OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO PROVIDE A PENALTY FOR VIOLATION; BY ADDING SECTION 16-25-35 SO AS TO PROVIDE THAT WHEN A PERSON VIOLATES THE PROVISIONS OF SECTION 16-25-20 (CRIMINAL DOMESTIC VIOLENCE) FOR A FIRST OR SECOND OFFENSE, THE COURT MAY SUSPEND EXECUTION OF ALL OR PART OF THE SENTENCE AND PLACE THE OFFENDER ON PROBATION CONDITIONED UPON THE PARTICIPATION OF THE OFFENDER IN A PROGRAM DESIGNED TO TREAT BATTERING SPOUSES OR OTHER APPROPRIATE PSYCHIATRIC OR THERAPEUTIC TREATMENT OR COUNSELING; AND TO AMEND SECTION 20-4-20, RELATING TO THE DEFINITIONS USED IN THE "PROTECTION FROM DOMESTIC ABUSE ACT", SO AS TO INCLUDE WITHIN THE DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER" "PERSONS COHABITATING OR FORMERLY COHABITING".

Rep. HODGES proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\PT\1073DW.94), which was adopted.

Amend the Report of the Committee on Judiciary, as and if amended, Page 195-2, beginning on Line 8, by striking /~~, and persons cohabitating or formerly cohabiting~~./ and inserting /, and persons ~~cohabitating~~ cohabiting or formerly ~~cohabitating~~ cohabiting/.

Amend further by adding an appropriately numbered section to read:

/SECTION ___. Section 20-4-20(b) of the 1976 Code is amended to read:

"(b) 'Family or household member' means spouses, former spouses, parents and children, ~~and~~ persons related by consanguinity or affinity within the second degree, and persons cohabiting or formerly cohabiting."/

Renumber sections to conform.

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Rep. HODGES proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\PT\1092DW.94), which was adopted.

Amend further by adding an appropriately numbered section to read:

/SECTION ___. Section 20-4-20(b) of the 1976 Code is amended to read:

Renumber sections to conform.

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.

H. 4421--ORDERED TO THIRD READING

The following Bill was taken up.

H. 4421 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-73-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO, AMONG OTHER THINGS, INCREASE THE AMOUNT OF THE PREMIUM TO BE USED TO PROVIDE FUNDS FOR THE COSTS OF ADMINISTERING THE PROVISIONS OF SECTION 38-73-738, RATHER THAN ARTICLE 3, CHAPTER 10, TITLE 56, AND PROVIDE FOR THE TRANSFER OF THIS PORTION OF THE PREMIUM TO THE DEPARTMENT OF INSURANCE, RATHER THAN THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-738 SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF INSURANCE TO ISSUE TO A FIRST TIME DRIVER'S LICENSE APPLICANT WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE A DRIVER TRAINING VOUCHER; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-75 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A DRIVER'S LICENSE MUST NOT BE ISSUED TO A PERSON WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE UNTIL THE APPLICANT HAS PROVIDED EVIDENCE OF SATISFACTORY COMPLETION OF AN APPROVED DRIVER TRAINING COURSE AS PROVIDED IN SECTION 38-73-738.

Rep. KIRSH spoke against the Bill.

Rep. KIRSH moved to recommit the Bill to Ways and Means Committee.

Rep. CATO moved to table the motion, which was agreed to.

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

H. 4414--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4414 -- Reps. Phillips, Allison, Waites, Rudnick, J. Wilder, Jaskwhich, Walker, Corning, Rogers, Stuart, Waldrop and Gamble: A BILL TO ENACT THE "SCHOOLHOUSE SAFETY ALLIANCE ACT OF 1994" TO ATTACK THE PROBLEMS OF JUVENILE CRIME AND SCHOOL SAFETY INCLUDING PROVISIONS TO AMEND TITLE 59 OF THE 1976 CODE RELATING TO EDUCATION BY ADDING CHAPTER 143 SO AS TO PROVIDE FOR TRAINING OF SCHOOL FACULTY AND STAFF TO PREVENT STUDENT VIOLENCE, TO INSTITUTE IN EACH SCHOOL CASE MANAGEMENT TEAMS TO WORK AS UNITS ON BEHALF OF STUDENTS DISPLAYING SIGNS OF VIOLENT BEHAVIOR, TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO COLLECT DATA IDENTIFYING THE BEST PRACTICES IN DEALING WITH PROBLEMS ASSOCIATED WITH STUDENT VIOLENCE, TO REQUIRE THE DEPARTMENT OF EDUCATION TO PILOT TEST A CLUSTER SCHOOL CONCEPT IN URBAN AND RURAL SETTINGS IN HIGH CRIME AREAS, TOGETHER WITH A SPECIALIZED PROGRAM OF INTERVENTION AND PREVENTION, TO ESTABLISH AN ADVISORY COMMITTEE COMPOSED OF VARIOUS AGENCY REPRESENTATIVES CONVENED BY THE STATE LAW ENFORCEMENT DIVISION TO PROVIDE TRAINING AND TECHNICAL ASSISTANCE TO CLUSTER SCHOOLS SERVING AS DEMONSTRATION SITES, TO ESTABLISH A STATEWIDE SCHOOLHOUSE SAFETY RESOURCE CENTER AT THE DEPARTMENT OF EDUCATION TO PROVIDE TECHNICAL ASSISTANCE AND TRAINING TO SCHOOLS REGARDING SCHOOL VIOLENCE AND STRATEGIES FOR COLLABORATING WITH OTHER AGENCIES AND THE COURTS TO PREVENT THIS PROBLEM, TO REQUIRE CONFLICT RESOLUTION STRATEGIES TO BE TAUGHT TO JUVENILES IN CONFINEMENT FACILITIES, TO REQUIRE PARENTS OF CHILDREN IDENTIFIED AS IN NEED OF SERVICES OR COUNSELING TO PARTICIPATE IN CERTAIN CASE MANAGEMENT MEETINGS REGARDING THEIR CHILDREN AT THE REQUEST OF SCHOOL OFFICIALS AND TO PROVIDE PENALTIES FOR FAILURE TO PARTICIPATE, TO REQUIRE SCHOOL OFFICIALS TO REPORT CERTAIN CRIMINAL BEHAVIOR BY STUDENTS TO APPROPRIATE LAW ENFORCEMENT AGENCIES, TO REQUIRE THE STATE BOARD OF EDUCATION TO PROMULGATE CERTAIN REGULATIONS REGARDING PARENTING, FAMILY LITERACY, AND PARENTAL INVOLVEMENT PROGRAMS, TO PROVIDE FOR CONTINUING LEGAL EDUCATION SEMINARS IN ISSUES OF YOUTH VIOLENCE FOR ATTORNEYS LICENSED TO PRACTICE IN THIS STATE; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1331 SO AS TO AUTHORIZE FAMILY COURT JUDGES TO ORDER AS A CONDITION OF PROBATION CERTAIN CHILDREN TO PARTICIPATE IN A SPECIAL ALTERNATIVE CONFINEMENT UNIT; BY ADDING SECTION 20-7-1351 SO AS TO AUTHORIZE THE FAMILY COURT TO REQUIRE PARENTS TO APPEAR BEFORE IT REGARDING CERTAIN BEHAVIOR OF THEIR CHILD AND TO PARTICIPATE IN THE ASSESSMENT OF THE FAMILY OR IN FAMILY PARTICIPATION TREATMENT SERVICES TO IMPROVE THAT BEHAVIOR; BY ADDING SECTION 20-7-1352 SO AS TO PROVIDE THAT THE FAMILY COURT SHALL REQUIRE ACCEPTABLE SCHOOL ATTENDANCE AND APPROPRIATE BEHAVIOR AS A PART OF ANY PROBATION ORDER INVOLVING CHILDREN; BY ADDING SECTION 20-7-1353 SO AS TO PROVIDE THAT PROBATION AND PAROLE COUNSELORS ARE REQUIRED TO ASSIST IN THE RE-ENROLLMENT OF ALL THEIR CLIENTS WHO ARE CHILDREN IN THE PUBLIC SCHOOLS UPON THE CHILDREN BEING RELEASED FROM CONFINEMENT FACILITIES; AND BY ADDING SECTION 20-7-3236 SO AS TO PROVIDE THAT THE DEPARTMENT OF JUVENILE JUSTICE SHALL ESTABLISH A SHORT-TERM SPECIAL ALTERNATIVE CONFINEMENT UNIT FOR CERTAIN NONVIOLENT JUVENILES.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20348SD.94), which was adopted.

Amend the bill, as and if amended, by striking subsection (B) of SECTION 2 and inserting:

/(B) The centerpiece proposal in the judicial response area referred to in subsection (A) involves the establishment of a 'boot camp' approach for confined juveniles as an intermediate sanction for nonviolent offenders. This is designed to provide a short-term intensive intervention program for nonviolent juvenile offenders in a disciplined and controlled setting. The objectives of the boot camp program are to:

(1) protect the public;

(2) provide an intense correctional experience in a strict disciplined and controlled setting emphasizing an environment of work, physical training, and personal development programs to begin a process of change in juveniles attitudes and behaviors;

(3) provide effective post-release community supervision, reinforcing lifestyle changes, and redirecting the juveniles to law abiding, productive lives;

(4) provide restitution to the citizens of this State by means of community service work performed by the juveniles;

(5) build on previous success by incorporating the successful elements of existing programs such as community service, community supervision, and other positive alternatives;

(6) provide flexibility to adapt to the changing characteristics of juvenile offenders; and

(7) provide cost effectiveness through usage of community-based juvenile offender facilities that are less costly than traditional correctional facilities and by serving more juvenile offenders each year because of the shorter period of confinement./

Amend the bill further, as and if amended, by striking Article 1, Chapter 143 of Title 59 of the 1976 Code, as contained in SECTION 3 and inserting:

/Article 1
Collaboration to Prevent School Violence

Section 59-143-100. A statewide Schoolhouse Safety Resource Center at the State Department of Education is established in the manner the General Assembly shall provide in the annual general appropriations act. The center's mission, in cooperation with the Southern Region Violence and Substance Abuse Center, is to provide technical assistance and training to all schools regarding violence prevention and intervention, strategies for collaboration with appropriate agencies, crisis management planning, and preparation for using the judicial system. The center also shall disseminate information on the best practices in dealing with school crime. The State Department of Education, with the approval of the board of trustees of the applicable schools, shall establish regional networks of model schools to serve as facilitators for assisting other schools with comprehensive planning and training to prevent school violence after the conclusion of the three-year pilot project provided for in this chapter.

Section 59-143-110. The State Department of Education through the Schoolhouse Safety Resource Center, in cooperation with the Southern Region Violence and Substance Abuse Center, shall establish by December 1, 1994, an evaluation procedure which includes the collection of data before the implementation of the programs provided for in Sections 59-143-130 and 59-143-140 so that the effects of the programs can be determined. The Schoolhouse Safety Resource Center shall work with the School Violence Prevention Advisory Committee provided for in Section 59-143-130 in determining the data collection procedure and the components of the external evaluation. The department shall conduct an external evaluation, to be completed by December 1, 1996, with an interim report of findings by June 1, 1995, consisting of identifying:

(1) the best practices for addressing the problems associated with student violence together with documented evidence of best practices as contained in appropriate literature and research;

(2) the best practices for addressing student violence in traditional school programs in this State including alternatives to suspension and expulsion; and

(3) effective initiatives in prevention and intervention including truancy prevention and a review of the Education Improvement Act attendance requirements.

Section 59-143-120. Based on the findings of the evaluation provided for in Section 59-143-110, the State Department of Education, through the Schoolhouse Safety Resource Center shall provide statewide school administrator training in the best practices for addressing student violence. The State Department of Education shall develop or select professional programs for faculty and designated staff of all schools to be trained in appropriate techniques, practices, and behavior to prevent student violence. Nonviolent problem solving curricula must be used in the professional development of the faculty and staff within a school to be applied in areas including, but not limited to:

(1) more effective adult interactions with students;

(2) adult modeling of nonviolent behaviors when problems erupt;

(3) expansion of wellness components in the comprehensive health curriculum promoting nonviolent living skills and other appropriate violence prevention approaches; and

(4) differentiation between acceptable student behavior and unacceptable behavior.

In implementing the provisions of this section, equal emphasis shall be placed in elementary, middle, and high schools.

Section 59-143-130. The State Department of Education, in cooperation with the Southern Region Violence and Substance Abuse Center, with the consent of the board of trustees of the applicable school districts, shall pilot different approaches to avoiding student violence by identifying cluster schools in urban and rural settings in high crime areas to serve as model projects for the prevention of school violence. Each cluster school must implement a specialized method of intervention or prevention in an intense three-year pilot project. An external evaluation of the process shall be conducted at the end of the third year of each pilot program by the State Department of Education through the Schoolhouse Safety Resource Center. A School Violence Prevention Advisory Committee consisting of service agency provider representatives including, but not limited to, representatives from the Department of Mental Health, the Department of Mental Retardation, the Department of Juvenile Justice, the Department of Health and Human Services, the Department of Social Services, the family court system, the Department of Health and Environmental Control, the Southern Region Violence and Substance Abuse Center, the State Department of Education, and local law enforcement officials, shall be convened by the State Law Enforcement Division. The committee, in conjunction with local schools boards of trustees, shall select the cluster schools to serve as pilot sites and shall work with each site to identify the approach to be implemented. The committee also shall assist in providing training and technical assistance to the cluster schools and shall monitor the progress of the programs on a regular basis during the three-year pilot period. Innovative techniques piloted may include peer mediation programs, school-within-a-school, intense volunteer mentoring, family focus groups, and other approaches that provide school outreach into neighborhoods. These pilot projects shall strive to make communities mirrors of safe schools rather than schools mirroring the violence in society.

Section 59-143-140. Each school district of this State shall institute in every school case management teams. The teams should consist of teachers, school administrators, parents, counselors, and representatives of health and social service agencies to work as units on behalf of students displaying signs of recurrent aggressive and violent behavior. The State Board of Education shall promulgate regulations to establish the criteria for these teams. Disciplinary records of students with recurrent aggressive and violent behaviors must be kept with clear anecdotal evidence of these behaviors and must show steps schools have taken to address these behaviors. The records must follow the student through school just as academic histories are maintained. In implementing the provisions of this section, equal emphasis shall be placed in elementary, middle, and high schools.

Section 59-143-150. Based on format recommendations from the School Violence Prevention Advisory Committee as established in Section 59-143-130, a cooperating team consisting of representatives of all local health and human service agencies in a county, including representatives from all school districts located within the county, shall be convened by the sheriff's office in each county to coordinate services designed to prevent school violence. In addition, the cooperating team shall develop a service coordination matrix. The service coordination matrix must outline services provided by agencies in response to risk factors identified by the committee. The sheriff's office in each county will submit a copy of the service coordination matrix, once completed, to the School Violence Prevention Advisory Committee.

Section 59-143-160. In conjunction with the Department of Corrections, the Department of Juvenile Justice, and the Southern Region Violence and Substance Abuse Center, the State Department of Education shall develop conflict resolution strategies to be taught to juveniles and young adults sentenced as youthful offenders in correctional facilities. These conflict resolution strategies also shall be offered as training programs to other public and private organizations for their use./

Amend the bill further, as and if amended, by striking Section 59-143-310 of the 1976 Code, as contained in SECTION 3 and inserting:

/ Section 59-143-310. The State Board of Education shall promulgate regulations requiring the parenting, family literacy, and parental involvement programs mandated by the Early Childhood Development and Academic Assistance Act to include instruction in nonviolent living skills./

Amend the bill further, as and if amended, by striking SECTION 4 of the bill and inserting:

/SECTION 4. (A) Section 20-7-3210 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 20-7-3210. The department shall provide such community services as the director shall assign to it which shall include, but not be limited to, the following:

(a) Family Court intake screening and referral counseling;

(b) serving, advising and counseling children placed on probation by the Family Court;

(c) serving, advising and counseling of children in the various institutions as may be necessary to the placement of the children in proper environment after release and the placement of children in suitable jobs where necessary and proper;

(d) supervising and guiding of children ~~released or~~ conditionally released from institutions;

(e) counseling children ~~released or~~ conditionally released by the parole board;

(f) coordinating the activities of supporting community agencies which aid in the social adjustment of children released by the parole board;

(g) providing or arranging for necessary services leading to the rehabilitation of delinquents either within the department or through cooperative arrangements with other appropriate agencies;

(h) providing counseling and supervision for any child under twelve years of age who has been adjudicated delinquent, convicted of a crime or has entered a plea of guilty or nolo contendere, when other suitable personnel is not available and upon request of the court concerned;

(i) providing detention screening services when a child is taken into custody for violation of a law or ordinance as provided in subsections (a) and (b) of Section 20-7-600;

(j) providing prevention services to include short and long range planning, establishing statewide priorities and standards, development of public awareness programs, and technical assistance to local government in the development of prevention programs;

(k) providing for the development of secure and nonsecure alternatives to jail;

(l) providing for a variety of community-based programs to augment regular probation services, such as volunteer services, restitution, community work programs, family counseling and contract probation with specific sanctions for various types of behavior;

(m) providing for a variety of community-based programs to serve as alternatives or intermediate sanctions into which juveniles committed to the Department of Juvenile Justice may be transferred ~~to institutions~~, such as halfway houses, work release, intensive probation, restitution, forestry and wilderness camps, residential boot camp programs, marine science programs, and other residential and nonresidential programs;

(n) providing for programs to divert juveniles, where proper and appropriate, from the juvenile justice system."

(B) The 1976 Code is amended by adding:

"Section 20-7-3215.(A) The Department of Juvenile Justice shall establish a self-contained residential boot camp program for juveniles adjudicated delinquent and committed to the department. The boot camp program shall be sixty days in duration and shall provide to the juveniles a highly structured and disciplined setting, a program of physical activity, work, and drill which emphasizes rehabilitation, education, self-sufficiency, and personal development of the juveniles and positive active intervention and interaction between the staff and juveniles.

(B) Juveniles adjudicated delinquent for nonviolent criminal acts which occur in or around school property shall be given priority consideration for transfer into the department's boot camp program. Juveniles adjudicated delinquent for violating Section 16-23-430 who are otherwise eligible to be transferred into this program shall be committed to the Department of Juvenile Justice and shall serve sixty days in the department's boot camp program. In addition, to be eligible to be transferred to the boot camp program, juveniles committed to the Department of Juvenile Justice must:

(1) be between the ages of twelve and seventeen years at the time of commitment;

(2) have been adjudicated for a nonviolent crime or burglary in the first or second degree;

(3) have a minimum parole guideline of twelve months or less;

(4) not have been transferred on a previous commitment to the boot camp program or a similar program;

(5) be physically and mentally able to participate in the program; and

(6) not have been specifically excluded from participating in the boot camp program by the family court at the time of commitment.

(C) A juvenile may be transferred to the Department of Juvenile Justice's Boot Camp Program either at the time of commitment or at any time prior to the juvenile reaching his minimum parole guidelines.

(D) The Director of the Department of Juvenile Justice shall transfer juveniles to this program based upon the recommendation of a Boot Camp Screening Committee which shall utilize a risk classification instrument in making its recommendations to the director. Juveniles who successfully complete this sixty-day program must be granted a conditional release from their commitment to the Department of Juvenile Justice. Juveniles who fail to successfully complete this program shall be transferred, consistent with due process, to a secure correctional facility operated by the department.

(E) Upon successful completion of this program and release of the juvenile by the Board of Juvenile Parole the juvenile shall be placed under intensive supervision in the juvenile's home community for up to three months and thereafter placed on regular parole supervision. Intensive supervision requires between four to seven contacts a week with the juvenile by the Department of Juvenile Justice.

(F) Transfer to the Boot Camp Program is a privilege and shall be on a space available basis. A juvenile has no right to participate in such a program or to continue to participate in such a program if his behavior is inappropriate.

"Section 20-7-1351. In addition to the jurisdiction of the family court as provided in Article 5 of this chapter, the family court has jurisdiction to order parents of children identified as in need of services or counseling to prevent violent behavior to appear before it, and upon finding that the child's behavior can be changed, the court may order an assessment of the family or family participation in treatment or services to improve the behavior. Parent may be held in contempt of court for failure to comply with the provisions of this section. Parents may be ordered by the family court to participate in family counseling or in other programs or services. The court may hold a parent in contempt and fine or otherwise sanction a parent for failure to comply. However, a contempt citation applied against an individual family member shall be applied only as a last resort, can only be applied if based upon noncompliance or noncooperation with the treatment, rehabilitative, or supervision services required by the court and then only until compliance with these requirements is obtained. Parents also may be referred to the Department of Juvenile Justice, the Department of Mental Health, the Continuum of Care for Emotionally Disturbed Children, the Department of Social Services, or to any recognized volunteer organization as appropriate, for family assessment, counseling, and service."

(D) The 1976 Code is amended by adding:

"Section 20-7-1352. The requirement of acceptable school attendance and appropriate behavior must be an integral part of all probation orders."

(E) The 1976 Code is amended by adding:

"Section 20-7-1353. Probation and parole counselors are required to assist in the re-enrollment of all their clients who are children in the public schools upon the children's release from confinement facilities, and to bring all instances of a school's refusal to reenroll or enroll a child to the attention of the State Department of Education and the appropriate local advocacy group for children."/

Renumber sections to conform.

Amend title to conform.

Rep. PHILLIPS explained the amendment.

The amendment was then adopted.

Rep. FAIR proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\20372SD.94), which was adopted.

Amend the report of the Committee on Education and Public Works, as and if amended, by striking Section 59-143-120 of the 1976 Code which begins on line 10, page 4414-3, and inserting:

/Section 59-143-120. Based on the findings of the evaluation provided for in Section 59-143-110, the State Department of Education, through the Schoolhouse Safety Resource Center shall provide statewide school administrator training in the best practices for addressing student violence. The State Department of Education shall develop or select professional programs for faculty and designated staff of all schools to be trained in appropriate techniques, practices, and behavior to prevent student violence. Nonviolent problem solving curricula must be used in the professional development of the faculty and staff within a school to be applied in areas including, but not limited to:

(1) more effective adult interactions with students;

(2) adult modeling of nonviolent behaviors when problems erupt;

(3) expansion of wellness components in the comprehensive health curriculum promoting nonviolent living skills as they apply to other appropriate school violence prevention approaches; and

(4) differentiation between acceptable student behavior and unacceptable behavior as it applies to the determination of students entering case management.

In implementing the provisions of this section, equal emphasis shall be placed in elementary, middle, and high schools./

Amend the report further, as and if amended, in Section 59-143-130 of the 1976 Code, which begins on line 30, page 4414-3, by inserting immediately before the last sentence:

/Peer mediators must have parental permission to participate in the peer mediation program./

Amend title to conform.

Rep. FAIR explained the amendment.

The amendment was then adopted.

Rep. HODGES proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\GJK\20648SD.94), which was adopted.

Amend the Report of the Committee on Education and Public Works, as and if amended, in Section 20-7-3210 of the 1976 Code, as contained in SECTION 4, by striking item (m) which begins on line 19 of page 4414-6 and inserting:

/(m) providing for a variety of community-based programs to serve as alternatives to institutions, such as halfway houses, work release, intensive probation, restitution, forestry and wilderness camps, residential boot camp programs which include an intensive supervision aftercare component, marine science programs, and other residential and nonresidential programs;/

Amend the Report further, as and if amended, by striking Section 20-7-3215 of the 1976 Code, which begins on line 29 of page 4414-6, and inserting:

/"Section 20-7-3215. The Department of Juvenile Justice shall establish a self-contained residential boot camp program for juveniles adjudicated delinquent and committed to the department. The boot camp program shall provide to the juveniles a highly structured and disciplined setting, a program of physical activity, work, and drill which emphasizes rehabilitation, education, self-sufficiency, and personal development of the juveniles and positive active intervention and interaction between the staff and juveniles."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Reps. JENNINGS, BAXLEY and KEYSERLING proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\CYY\15826AC.94), which was ruled out of order.

Amend the bill, as and if amended, by deleting Section 5 and inserting:

/SECTION 5. Chapter 31, Title 23 of the 1976 Code is amended by adding:

"Article 9
Children's Firearm Education
and Protection Act of 1994

Section 23-31-710. This act may be cited as the 'Children's Firearm Education and Protection Act of 1994'.

Section 23-31-720. As used in this article:

(1) 'Trigger-locking device' means a device which prevents the firearm from functioning and which, when applied to the weapon, renders the weapon inoperable.

(2) 'Loaded firearm' means a firearm which has an unexpended cartridge or shell, consisting of a case which holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip of it attached to the firearm. A muzzle-loader firearm is considered to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.

(3) 'Locked container' means a secure container which is fully enclosed and locked by a padlock key, lock, combination lock, or similar locking device. The term includes the locked utility or glove compartment of a motor vehicle.

(4) 'Minor' means a person under fourteen years of age.

Section 23-31-730. (A) Except as provided in Section 23-31-740, if a person keeps a loaded firearm on premises under his custody or control and he knows or reasonably should know that a minor is likely to gain access to the firearm without the supervision of the person who has custody or control of the premises and the minor obtains access to the firearm and causes death to himself or another person, the person is guilty of criminal storage of a firearm in the first degree, a misdemeanor. Upon conviction, the person must be imprisoned not more than three years or fined not more than three thousand dollars, or both.

(B) Except as provided in Section 23-31-740, if a person keeps a loaded firearm on premises under his custody or control and he knows or reasonably should know that a minor is likely to gain access to the firearm without the supervision of the person who has custody or control of the premises and the minor obtains access to the firearm and causes injury to himself or another person or causes the firearm to discharge, but death does not occur, the person is guilty of criminal storage of a firearm in the second degree, a misdemeanor. Upon conviction, the person must be imprisoned not more than one year or fined not more than one thousand dollars, or both.

Section 23-31-740. This article does not apply when:

(1) the person keeps or stores the loaded firearm in a place which reasonably assures that it is not accessible by and out of the sight of a minor;

(2) the minor obtains the firearm as a result of an illegal entry to any premises by any person;

(3) the firearm is kept in a locked container or in a location which a reasonable person would believe to be secure;

(4) the firearm is carried on the person or within such a close proximity so that the individual can readily retrieve and use the firearm as if carried on the person;

(5) the firearm is equipped with a trigger-locking device and the device is on;

(6) the minor obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person;

(7) the person who keeps a loaded firearm on premises under his custody or control has no reasonable expectation, based on objective facts and circumstances, that a minor is likely to be present on the premises;

(8) the minor obtains the firearm for target or sport shooting events or hunting.

Section 23-31-750. (A) If the person who violates this article is related within the third degree of consanguinity to a minor who is injured or dies as the result of an accidental shooting, the solicitor shall consider, among other factors, the impact of the injury or death on the person when deciding whether to prosecute a violation. It is the General Assembly's intent that a person related within the third degree of consanguinity to a minor who is injured or dies as the result of an accidental shooting must be prosecuted only in those instances in which the person related within the third degree of consanguinity behaved in a grossly negligent manner or where similarly egregious circumstances exist.

(B) This article may not restrict, in any manner, the factors that a solicitor may consider when deciding whether to prosecute a person who violated this article.

Section 23-31-760. (A) If the person who violates this article is the person related within the third degree of consanguinity to a minor who is injured or who dies as the result of an accidental shooting, no arrest of the person for the violation of this article may occur until at least seven days after the date upon which the accidental shooting occurred.

(B) In addition to the limitation contained in this article, a law enforcement officer shall consider the health status of a minor who suffers great bodily injury as the result of an accidental shooting before arresting a person for a violation of this section, if the person to be arrested is related within the third degree of consanguinity to the injured minor. The intent of this subsection is to encourage law enforcement officials to delay the arrest of a parent or guardian of a seriously injured minor while the minor remains on life-support equipment or is in a similarly critical medical condition.

Section 23-31-770. (A) The fact that the person who violates this article attended a firearm safety training course before the purchase of the firearm that is obtained by a minor in violation of this article must be considered a mitigating factor by a solicitor when he is deciding whether to prosecute the violation.

(B) In an action or trial commenced under this article, the fact that the person who violated this article attended a firearm safety training course before the purchase of the firearm that is obtained by a minor in violation of this article is admissible.

Section 23-31-780. (A) Upon the retail sale or transfer of a firearm, the seller shall deliver a written warning to the purchaser. The warning, written in block letters not less than one-fourth inch in height must state:
'IT IS UNLAWFUL AND PUNISHABLE BY IMPRISONMENT AND FINE FOR ANY ADULT TO STORE OR LEAVE A LOADED FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR.'

(B) A retail dealer who sells firearms shall conspicuously post at each purchase counter a warning written in block letters not less than one inch in height that states:
'IT IS UNLAWFUL TO STORE OR LEAVE A LOADED FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR.'

(C) A person who knowingly violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars."

SECTION 6. The 1976 Code is amended by adding:

"Section 44-1-250. The Department of Health and Environmental Control is directed to develop a multifaceted program for the state's citizens to educate them on the provisions of the Children's Firearm Education and Protection Act of 1994. The program should include a variety of public education activities which stress keeping guns away from children by keeping guns and ammunition locked and stored separately and out of reach of children, purchasing only guns with safety features and keeping those safety features engaged at all times, or removing guns from homes where children live and play. The public education activities recommended should include mass media campaigns, safety information available at the point of purchase for new gun owners, and gun safety courses for new gun owners. The department shall report to the General Assembly on the development of this program within three months after the passage of this act and shall implement the program promptly thereafter."

SECTION 7. This act takes effect upon approval by the Governor except that Section 5 of this act takes effect January 1, 1995, or six months after approval by the Governor, whichever occurs later./

Renumber sections to conform.

Amend title to conform.

POINT OF ORDER

Rep. HASKINS raised the Point of Order that Amendment No. 4 was out of order as it was not germane.

The SPEAKER sustained the Point of Order and ruled the amendment out of order.

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

H. 4737--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4737 -- Reps. Gamble, Waites, Cromer, Quinn, Neal, Sturkie, Stuart, Shissias, Harrison, Koon, Wright, Riser, Byrd, Rogers and J. Brown: A BILL TO AMEND SECTION 55-11-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE RICHLAND-LEXINGTON AIRPORT COMMISSION, SO AS TO MAKE TECHNICAL CORRECTIONS, PROVIDE THAT ANY MEMBER MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR NEGLECT OF DUTY, MISCONDUCT, OR MALFEASANCE IN OFFICE AFTER BEING GIVEN A WRITTEN STATEMENT OF REASONS AND AN OPPORTUNITY TO BE HEARD AND LIMIT A MEMBER OF THE COMMISSION TO TWO CONSECUTIVE TERMS.

Reps. GAMBLE, SPEARMAN, QUINN, WAITES, CORNING, STURKIE, KOON, RISER, HARRISON, SHISSIAS, STUART, CROMER, WRIGHT and SCOTT proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\1051DW.94), which was adopted.

Amend the bill, as and if amended, on Page 1, SECTION 1, Line 40, after /terms./ /A member serving on July 1, 1994, may serve until the expiration of the term for which he was elected and may serve two additional terms./

Amend title to conform.

Rep. GAMBLE explained the amendment.

The amendment was then adopted.

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

H. 4738--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4738 -- Reps. Gamble, Waites, Koon, Cromer, Sturkie, Stuart, Wright, Quinn, Riser, Neal, Harrison, Byrd, Rogers and J. Brown: A BILL TO AMEND SECTION 59-53-1710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE MIDLANDS TECHNICAL COLLEGE COMMISSION, INCREASE THE TERM OF THE MEMBERS OF THE COMMISSION FROM THREE TO FOUR YEARS, PROVIDE THAT A MEMBER MAY NOT SERVE MORE THAN TWO CONSECUTIVE TERMS AND PROVIDE THAT ANY MEMBER MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR NEGLECT OF DUTY, MISCONDUCT, OR MALFEASANCE IN OFFICE AFTER BEING GIVEN A WRITTEN STATEMENT OF REASONS AND AN OPPORTUNITY TO BE HEARD.

Reps. GAMBLE, QUINN, SCOTT, CORNING, KOON, STURKIE, SPEARMAN, WAITES, SHISSIAS, STUART, CROMER, WRIGHT, RISER and HARRISON proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\1050DW.94), which was adopted.

Amend the bill, as and if amended, on Page 1, SECTION 1, Line 37, after /terms./ by inserting /A member serving on July 1, 1994, may serve until the expiration of the term for which he was elected and may serve two additional terms./

Amend title to conform.

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

H. 4347--DEBATE ADJOURNED

The following Bill was taken up.

H. 4347 -- Reps. Neilson, Corning and Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1555 SO AS TO ABOLISH THE "TENDER YEARS DOCTRINE" REGARDING THE PREFERENCE FOR AWARDING CUSTODY TO A MOTHER OF A CHILD OF TENDER YEARS.

Rep. HODGES explained the Bill.

Rep. WILKINS moved to adjourn debate upon the Bill until Wednesday, March 23, which was adopted.

H. 4412--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4412 -- Rep. Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-525 SO AS TO PROVIDE THAT HOUSING AUTHORITY COMMISSIONERS ARE DEEMED OWNERS OF HOUSING AUTHORITY PROPERTY FOR MATTERS PERTAINING TO OFFENSES AGAINST PROPERTY.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15716AC.94), which was adopted.

Amend the bill, as and if amended, by inserting /sole/ before /purpose/ on page 1, line 22.

Amend further, Section 16-11-525, as contained in Section 1 of the bill, by adding at the end:

/Nothing in this section may be construed to create personal liability for a commissioner for loss, injury, or damage to the person or property of any other person or entity who suffer injury while on or adjacent to housing authority property as a tenant, an invitee, or a trespasser./

Amend title to conform.

Rep. SIMRILL explained the amendment.

RULE 6.1 WAIVED

Rep. WRIGHT moved to waive Rule 6.1, which was agreed to by a division vote of 82 to 10.

Rep. SIMRILL continued speaking.

The amendment was then adopted.

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

H. 4560--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4560 -- Reps. Hodges and J. Wilder: A BILL TO AMEND SECTION 7-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS AND DISQUALIFICATIONS FOR REGISTRATION TO VOTE, SO AS TO DELETE LANGUAGE WHICH PROVIDES THAT CONFINEMENT IN ANY PUBLIC PRISON DISQUALIFIES A PERSON FROM BEING REGISTERED OR VOTING AND PROVIDE THAT A PERSON IS DISQUALIFIED FROM VOTING IF HE IS SERVING A TERM OF IMPRISONMENT RESULTING FROM A CONVICTION OF A CRIME.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\WWW\30195DW.94), which was adopted.

Amend the bill, as and if amended, page 1, Section 7-5-120(B) as contained in SECTION 1, line 36, by inserting after /incompetent/ /as adjudicated by a court of competent jurisdiction/; so when amended Section 7-5-120(B) shall read:

/(B) A person is disqualified from being registered or voting if he:

~~(a)~~ (1) ~~persons who are~~ is mentally incompetent as adjudicated by a court of competent jurisdiction ~~or confined in any public prison~~; ~~and~~ or

(2) is serving a term of imprisonment resulting from a conviction of a crime; or

~~(b)~~ (3) ~~persons~~ is convicted of a felony or offenses against the election laws ~~are disqualified from being registered or voting~~, unless the disqualification has been removed by service of the sentence, including probation and parole time unless sooner pardoned./

Amend further by adding three appropriately numbered SECTIONS to read:

/SECTION ____. Section 7-15-120 of the 1976 Code, as last amended by Act 407 of 1986, is further amended to read:

"Section 7-15-120. Persons listed in items (1), (2), (3), or (4) of Section 7-15-110, their spouses, and dependents residing with them, and item (9) of such section may register by using either federal Standard Form 76, or any subsequent form replacing it issued by the federal government, or the state absentee registration form. In order to be registered, either form must reach the county board of registration not later than thirty days before the election. The State Election Commission shall have printed and shall furnish the board of registration of each county an adequate number of registration forms in the following form, substituting in each case the appropriate calendar year for which the cards are printed: ABSENTEE REGISTRATION FOR THE ELECTION TO BE HELD , 19____
________________ County No.: ________ READ CAREFULLY THE INSTRUCTIONS PRINTED ON THE REVERSE SIDE HEREOF BEFORE FILLING IN THIS FORM: I hereby swear (or affirm) that:

(1) My full name is: ________________

(2) I am a citizen of the United States and of the State of South Carolina.

(3) The date of my birth was: ________

(4) I am not disqualified from voting because of a felony conviction or offense against the election laws.

(5) I am (check appropriate ~~blank~~ box)

_ (a) in the armed forces of the United States

_ (b) in the Merchant Marine of the United States.

_ (c) serving with the American Red Cross or with the United Service Organization.

_ (d) a member _ or, employee _ of the ________ department of the United States Government serving overseas.

_ (e) a student residing outside of the county of my residence and enrolled in an institution of learning.

_ (f) a spouse _, or dependent _ residing with any of the above.

_ (g) physically disabled due to illness or injury.

_ (h) a person whose employment is out of state.

_ (i) a spouse _, or dependent _ residing with a person whose employment is out of state.

_ (j) sixty-five years of age or older.

_ (k) currently confined in a pre-trial facility pending disposition of an arrest or trial.

(6) My home address in South Carolina is: ________

(7) My mailing address (address to which absentee ballot should be sent) is: ________

(8) My State House of Representative District Number (if known) is: ________

(9) My Social Security Number is: ________

Signature of Applicant On the back of each card shall be printed the following: INSTRUCTIONS. This registration form must be filled out and returned, in the envelope accompanying it, to your county board of registration. All entries except your signature should be printed or typewritten. You are required to sign the form. Conviction of a felony or offenses against the election laws disqualifies you from registering and voting, unless such disqualification shall have been removed by service of the sentence, including probation and parole time unless sooner pardoned. Except for persons in category (5)(g) of this form, registration by this form, if granted by your county board of registration, is valid only for the elections to be held during this calendar year. For elections which are held in subsequent calendar years, you must be registered again. Persons applying under category (5)(g), "physically disabled due to illness or injury", may, upon presentation of a written statement of such disability by their doctor and persons who are sixty-five years of age or older, may use this form instead of the regular registration form to be registered permanently. IN ORDER TO BE REGISTERED, THIS FORM MUST REACH YOUR COUNTY BOARD OF REGISTRATION NOT LATER THAN THIRTY DAYS BEFORE THE ELECTION."

SECTION ___. Section 7-15-320 of the 1976 Code, as last amended by Act 489 of 1992, is further amended to read:

"Section 7-15-320. A qualified elector in any of the following categories must be permitted to vote by absentee ballot in all elections when he is absent from his county of residence on election day during the hours the polls are open, to an extent that it prevents him from voting in person except that physically disabled persons, poll managers, county voter registration board members and staff, and county election commission members and staff working on election day, a person admitted to a hospital as an emergency patient on the day of an election or within a four-day period before an election, and persons whose employment obligations required that they be at their place of employment during the hours that the polls are open and present written certification of that obligation, signed by their employer, to the county registration board and persons confined to a jail or pre-trial facility pending disposition of arrest or trial may vote by absentee ballot whether or not absent from their county of residence:

(1) students, their spouses, and dependents residing with them;

(2) members of the Armed Forces and Merchant Marines of the United States, their spouses, and dependents residing with them;

(3) persons serving with the American Red Cross or with the United Service Organizations who are attached to and serving with the Armed Forces of the United States, their spouses, and dependents residing with them;

(4) persons in employment;

(5) physically disabled persons;

(6) governmental employees, their spouses, and dependents residing with them;

(7) electors with a death or funeral in the family within a three-day period before the election;

(8) persons on vacation (who by virtue of vacation plans will be absent from their county of residence on election day);

(9) poll managers, county voter registration board members and staff, county election commission members and staff working on election day;

(10) overseas citizens;

(11) persons attending sick or physically disabled persons;

(12) persons admitted to hospitals as emergency patients on the day of an election or within a four-day period before the election;

(13) persons who will be serving as jurors in a state or federal court on election day.

(14) persons seventy-two years of age or older.

(15) persons confined to a jail or pre-trial facility pending disposition of arrest or trial."

SECTION ___. Section 7-15-340 of the 1976 Code, as last amended by Act 489 of 1992, is further amended to read:

"Section 7-15-340. The application required in Section 7-15-330 to be submitted to such election officials must be in the following form; except that persons listed in Section 7-15-320(2), (3), (6), and (10) may use Standard Form 76, or any subsequent form replacing it, provided by the federal government as a simultaneous request for registration and an absentee ballot or a request for an absentee ballot if already registered. APPLICATION FOR ABSENTEE BALLOT TO THE BOARD OF VOTER

REGISTRATION: ________ COUNTY
I hereby apply for an absentee ballot and request that I be permitted to vote in the election to be held on the ____ day of ________ 19__. (If you will also be absent for any subsequent runoff election which is held two weeks after the initial election and wish for an absentee ballot for the runoff to be sent to your absentee address, check here: _) (If a ballot is requested for a primary election, print your political party preference in this space ________.) I am a qualified elector and am registered to vote in the ________ precinct and ________ State House of Representatives District (if known). My registration certificate number is ________. My full name is ________________.

Please Print I hereby swear or affirm, UNDER PENALTY OF LAW, that I will be absent from my county of residence on election day during the hours the polls are open or unable to appear at the polling place because of physical disability, employment obligations requiring that I be at my place of employment in my county of residence during the hours the polls are open, responsibilities as a poll manager, county registration board member or staff, or county election commission member or staff, and that I am eligible to vote by absentee ballot under one of the following categories:

(CHECK APPROPRIATE BOX)

_ 1. Students, their spouses, and dependents residing with them. (The term "students" shall mean all persons residing outside of the counties of their respective residences, enrolled in an institution of learning).

_ 2. Armed Forces, Merchant Marine, their spouses, and dependents residing with them.

_ 3. Persons serving with the American Red Cross or with the United Service Organizations who are attached to and serving with the Armed Forces of the United States, their spouses, and dependents residing with them.

_ 4. Employment. (The term "employment" means those persons who by virtue of their employment obligations will be absent from their county of residence on election day during the hours the polls are open and who will be unable to vote in person, or those persons who are required by their employment obligations to be at their place of employment in their county of residence during the entire hours that the polls are open and will be unable to vote in person; and further, must present written certification of such obligations, signed by their employer, to the county registration board).

_ 5. Physically disabled person. (The term "physically disabled person" means a person who because of injury or illness, cannot be present in person at his voting place on election day whether physically present inside or outside his county of residence).

_ 6. Governmental employees, their spouses, and dependents residing with them, who are out of their county of residence on election day during the hours the polls are open.

_ 7. Death in family, or attending funeral within a three-day period of election.

_ 8. Persons on vacation (who by virtue of vacation plans will be absent from their county of residence and unable to vote in person).

_ 9. Poll managers and county voter registration board members and staff, and county election commission members and staff working on election day. (Persons in this category are entitled to vote by absentee ballot whether physically present inside or outside of their county of residence on election day during the hours the polls are open).

_ 10. Overseas citizens.

_ 11. Persons attending sick or physically disabled persons.

_ 12. Persons admitted to hospitals as emergency patients on the day of an election or within a four-day period before the election.

_ 13. Persons who will be serving as jurors in a state or federal court on election day.

_ 14. Persons seventy-two years of age or older.

_ 15. Persons confined to a jail or pre-trial facility pending disposition of arrest or trial.
My home address in South Carolina as shown on my registration certificate is:

My absentee mailing address (address to which absentee ballot should be mailed) is:

Signature

Social Security or Identification Number."/

Renumber sections to conform

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.

S. 10--INTERRUPTED DEBATE

The following Bill was taken up.

S. 10 -- Senators Martin and Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-742 SO AS TO REQUIRE THAT A NONCUSTODIAL PARENT BE MADE A PARTY IN AN ABUSE, NEGLECT, OR DELINQUENCY MATTER BEFORE THE FAMILY COURT, AND TO AMEND SECTION 20-7-736, AS AMENDED, RELATING TO REMOVAL OF A CHILD FROM PARENTAL CUSTODY IN ABUSE AND NEGLECT CASES, SO AS TO INCLUDE AMONG THE FINDINGS REQUIRED THAT THERE IS NO RELATIVE, INCLUDING A NONCUSTODIAL PARENT, WITH WHOM THE CHILD MAY BE PLACED.

Rep. HODGES explained the Bill.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill, Rep. HODGES having the floor.

H. 4681--OBJECTION

Rep. DAVENPORT withdrew his objection to the following Bill whereupon an objection was raised by Rep. JASKWHICH.

H. 4124--OBJECTIONS WITHDRAWN

Reps. SCOTT and NEAL withdrew their objections to the following Bill.

H. 4124 -- Rep. Gonzales: A BILL TO AMEND SECTION 5-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDINANCES FOR UPKEEP OF PROPERTY IN A MUNICIPALITY, SO AS TO PROVIDE THAT THE COST TO THE MUNICIPALITY FOR CORRECTING PROPERTY CONDITIONS IS A LIEN WITH THE SAME PRIORITY AS MUNICIPAL TAXES.

H. 4574--OBJECTION WITHDRAWN

Rep. SIMRILL withdrew his objection to H. 4574 however, other objections remained upon the Bill.

H. 4681--OBJECTIONS

Reps. JASKWHICH, HASKINS and HUFF withdrew their objections to the following Bill whereupon objections were raised by Reps. McTEER, FARR, McELVEEN and DELLENEY.

H. 4124--OBJECTION WITHDRAWN

Rep. BYRD withdrew her objection to the following Bill.

H. 4140--OBJECTION WITHDRAWN

Rep. SCOTT withdrew his objection to H. 4140 however, other objections remained upon the Bill.

H. 4399--OBJECTION WITHDRAWN

Rep. SCOTT withdrew his objection to the following Bill.

H. 4399 -- Reps. J. Bailey and Corning: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT AUTOMOBILE INSURERS MAKE COLLISION AND COMPREHENSIVE COVERAGE AVAILABLE TO ANY INSURED, SO AS TO PROVIDE THAT AN INSURER IS NOT REQUIRED TO WRITE PRIVATE PASSENGER PHYSICAL COVERAGE FOR SPECIFIED TYPES OF VEHICLES, TO PROVIDE THAT A CERTAIN NOTICE MUST BE PROVIDED TO APPLICANTS PURCHASING SINGLE INTEREST COLLISION COVERAGE, TO PROVIDE THAT IN DETERMINING THE PREMIUM RATES TO BE CHARGED ON AUTOMOBILE INSURANCE, IT IS UNLAWFUL TO CONSIDER RACE, COLOR, CREED, RELIGION, NATIONAL ORIGIN, ANCESTRY, LOCATION OF RESIDENCE, OCCUPATION, OR ECONOMIC STATUS, TO PROVIDE AN INSURER OR ITS AGENT SHALL PROVIDE WRITTEN NOTICE TO AN INSURED OF THE REASON HE WAS NOT WRITTEN AT THE BASE RATE, AND TO PROVIDE THAT THE CHIEF INSURANCE COMMISSIONER ANNUALLY SHALL COMPILE A COMPARATIVE STATISTICAL ANALYSIS OF PERSONS FOR WHOM PHYSICAL DAMAGE COVERAGES ARE WRITTEN AND OF PERSONS FOR WHOM PHYSICAL DAMAGE COVERAGES ARE DENIED.

H. 4633--POINT OF ORDER ON MOTION TO RECONSIDER

Rep. HUFF raised the Point of Order that Rep. COBB-HUNTER's motion to reconsider the vote whereby H. 4633 was recommitted to Ways and Means was out of order as it was a procedural motion and could not be reconsidered.

The SPEAKER sustained the Point of Order and ruled the motion out of order.

Rep. QUINN moved that the House do now adjourn.

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

Yeas 6; Nays 97

Those who voted in the affirmative are:

Fair                   Harrell                Quinn
Snow                   Trotter                Wilkins

Total--6

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Bailey, G.             Bailey, J.             Baker
Baxley                 Beatty                 Boan
Breeland               Brown, H.              Brown, J.
Byrd                   Canty                  Carnell
Cato                   Chamblee               Clyborne
Cromer                 Delleney               Elliott
Farr                   Fulmer                 Gamble
Govan                  Graham                 Hallman
Harrelson              Harris, J.             Harvin
Harwell                Haskins                Hines
Hodges                 Holt                   Houck
Huff                   Hutson                 Inabinett
Jaskwhich              Keegan                 Kelley
Keyserling             Kinon                  Kirsh
Klauber                Koon                   Lanford
Law                    Littlejohn             Martin
Mattos                 McAbee                 McCraw
McElveen               McMahand               McTeer
Meacham                Moody-Lawrence         Neal
Neilson                Phillips               Rhoad
Richardson             Riser                  Robinson
Rogers                 Rudnick                Scott
Sharpe                 Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Spearman               Stille                 Stoddard
Stone                  Stuart                 Sturkie
Townsend               Tucker                 Vaughn
Waites                 Waldrop                Walker
White                  Wilder, D.             Wilder, J.
Wilkes                 Williams               Witherspoon
Wofford                Worley                 Wright
Young, A.

Total--97

So, the House refused to adjourn.

S. 1155--RECALLED FROM THE COMMITTEE ON
LABOR, COMMERCE AND INDUSTRY

On motion of Rep. T.C. ALEXANDER, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry.

S. 1155 -- Senators Martin and Setzler: A BILL TO AMEND SECTION 40-29-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENERGY EFFICIENCY LABELING ON MANUFACTURED HOMES, SO AS TO PROVIDE FOR A PERMANENT LABEL AND A CONSUMER NOTICE; AND TO AMEND SECTION 12-36-2110, AS AMENDED, RELATING TO SALES TAX ON MANUFACTURED HOMES SO AS TO PROVIDE THAT AN EQUIVALENT HEAT LOSS CALCULATION MAY BE USED IN DETERMINING IF STANDARDS HAVE BEEN MET TO QUALIFY FOR THE EXEMPTION FROM THE TAX DUE ABOVE THREE HUNDRED DOLLARS; TO PROVIDE THAT THE EXEMPTION APPLIES IN MANUFACTURED HOMES WHICH HAVE BEEN PREVIOUSLY OCCUPIED BUT MEET THE STANDARDS; AND TO PROVIDE THAT THE EDITION OF THE AMERICAN SOCIETY OF HEATING, REFRIGERATING, AND AIR CONDITIONING ENGINEERS GUIDE IN EFFECT AT THE TIME IS THE SOURCE FOR THE HEAT LOSS CALCULATION.

H. 4865--RECALLED FROM THE COMMITTEE ON
EDUCATION AND PUBLIC WORKS

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

H. 4865 -- Reps. Keyserling, White, Richardson and Harrelson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 TO TITLE 59 SO AS TO CREATE THE BEAUFORT-JASPER HIGHER EDUCATION COMMISSION AND PROVIDE FOR ITS MEMBERSHIP, MEETINGS, AUTHORITY, AND DUTIES; TO REPEAL ACT 90 OF 1959 RELATING TO THE BEAUFORT COUNTY HIGHER EDUCATION COMMISSION; AND TO PROVIDE FOR FINAL AND INITIAL TERMS.

H. 4306, S. 1186 AND S. 1216--RECALLED FROM
THE COMMITTEE ON EDUCATION AND PUBLIC WORKS

On motion of Rep. PHILLIPS, with unanimous consent, the following Joint Resolutions were ordered recalled from the Committee on Education and Public Works.

H. 4306 -- Reps. Kirsh, McCraw, Simrill, Meacham, Moody-Lawrence, Delleney and Rudnick: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE YORK COUNTY CONVENTION AND VISITORS BUREAU/VISITOR INFORMATION CENTER.

S. 1186 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EXTRACURRICULAR SERVICES AND TRANSPORTATION OF HANDICAPPED STUDENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1636, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1216 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO THE ADULT EDUCATION CURRICULUM AND ADULT EDUCATION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1670, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3857--SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

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

H. 3857 -- Reps. Harvin, Felder, Keegan, Stuart, G. Brown, Meacham, Wells, Govan, Neilson, Simrill, Elliott, Askins, Hines, Rhoad, Carnell, Moody-Lawrence, Stone, Kirsh, Mattos, Gamble, T.C. Alexander, Anderson, Stille, Wilkes, Hutson, Chamblee, Harrelson, H. Brown, Klauber, Kelley, Phillips, Wofford, Law, Witherspoon, Gonzales, Lanford, Williams, Townsend, Koon, D. Wilder, McTeer and McAbee: A BILL TO PROVIDE A PROCEDURE WHEREBY ANY MUNICIPAL FIRE DEPARTMENT, FIRE DISTRICT, FIRE PROTECTION AGENCY, OR OTHER EMERGENCY SERVICE ENTITY MAY PROVIDE MUTUAL AID ASSISTANCE, UPON REQUEST, FROM ANY OTHER MUNICIPAL FIRE DEPARTMENT, FIRE DISTRICT, FIRE PROTECTION AGENCY, OR OTHER EMERGENCY SERVICE DELIVERY SYSTEM IN SOUTH CAROLINA AT THE TIME OF A SIGNIFICANT INCIDENT SUCH AS FIRE, EARTHQUAKE, OR HURRICANE.

POINT OF ORDER

Rep. HASKINS raised the Point of Order that consideration of Senate amendments at this point in the Calendar was out of order as Third Reading Statewide Contested Bills should be the next order of business. He further stated, citing Rule 6.3, Subsection 12, that Senate amendments did not show up in the daily order of business under House Rules.

The SPEAKER stated that the daily order of business under Rule 6.3 did not provide a place for consideration of Senate amendments but only provided for House consideration of Bills. He further stated that by the precedent of the House in the 18 years he had been here that consideration of Senate amendments had been done right after the unanimous consent requests and he overruled the Point of Order.

Rep. HARVIN explained the Senate amendment.

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

H. 4842--DEBATE ADJOURNED

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

H. 4842 -- Reps. Thomas, Kennedy and Snow: A BILL TO PROVIDE THAT TRUSTEES OF THE GEORGETOWN COUNTY SCHOOL DISTRICT MUST BE ELECTED IN A NONPARTISAN ELECTION HELD AT THE TIME OF THE GENERAL ELECTION, TO PROVIDE THAT PERSONS MAY BECOME CANDIDATES BY FILING A STATEMENT OF CANDIDACY, AND TO PROVIDE THE METHOD OF DETERMINING RESULTS AND THE DATE THE TRUSTEES TAKE OFFICE.

Rep. SNOW moved to adjourn debate upon the Senate amendments, which was adopted.

H. 4532--SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

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

H. 4532 -- Reps. Hodges, Corning, Cromer, Harwell, Jennings, Scott, D. Smith, J. Wilder, R. Young, Wilkins, Harrell, Clyborne and Boan: A BILL TO AMEND SECTION 58-9-570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FACTORS WHICH THE PUBLIC SERVICE COMMISSION MUST CONSIDER IN DETERMINING RATES FOR TELEPHONE COMPANIES, SO AS TO PROVIDE THAT, UNDER CERTAIN CONDITIONS, THE COMMISSION MAY ADOPT ANY ALTERNATIVE REGULATORY PLAN THE COMMISSION CONSIDERS APPROPRIATE AND IN THE PUBLIC INTEREST UPON DETERMINING THAT A TELEPHONE UTILITY IS SUBJECT TO COMPETITION WITH RESPECT TO A PARTICULAR SERVICE OR WITH RESPECT TO ITS SERVICES GENERALLY.

H. 4332--SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

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

H. 4332 -- Reps. Sheheen, Rudnick and Stuart: A BILL TO AMEND SECTION 7-19-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONGRESSIONAL DISTRICTS, SO AS TO REAPPORTION AND FURTHER PROVIDE FOR THE COMPOSITION OF THE DISTRICTS IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 1990, TO FURTHER PROVIDE FOR CONGRESSIONAL DISTRICT REPRESENTATIVES ON BOARDS, COMMITTEES, AND COMMISSIONS, AND TO PROVIDE FOR THE MANNER IN WHICH CERTAIN VACANCIES MUST BE FILLED.

Rep. HODGES explained the Senate amendment.

Reps. R. YOUNG, HASKINS and HUFF spoke against the Senate amendments.

The question then recurred to the motion to concur in the Senate amendments.

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

Yeas 60; Nays 48

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Bailey, G.
Bailey, J.             Baxley                 Boan
Breeland               Brown, G.              Brown, J.
Byrd                   Canty                  Carnell
Chamblee               Cobb-Hunter            Cromer
Delleney               Farr                   Govan
Harrelson              Harris, J.             Harris, P.
Harwell                Hines                  Hodges
Holt                   Houck                  Inabinett
Kennedy                Keyserling             Kinon
Kirsh                  Martin                 Mattos
McAbee                 McCraw                 McElveen
McLeod                 McTeer                 Moody-Lawrence
Neilson                Phillips               Rhoad
Rogers                 Rudnick                Scott
Sheheen                Snow                   Spearman
Stoddard               Townsend               Tucker
Waites                 Waldrop                Whipper
White                  Wilder, D.             Wilder, J.
Wilkes                 Williams               Worley

Total--60

Those who voted in the negative are:

Allison                Baker                  Brown, H.
Cato                   Clyborne               Cooper
Davenport              Fair                   Fulmer
Gamble                 Graham                 Hallman
Harrell                Haskins                Huff
Hutson                 Jaskwhich              Keegan
Kelley                 Klauber                Koon
Lanford                Law                    Littlejohn
Marchbanks             Meacham                Quinn
Richardson             Riser                  Robinson
Sharpe                 Shissias               Simrill
Smith, D.              Smith, R.              Stille
Stone                  Stuart                 Sturkie
Trotter                Vaughn                 Walker
Wilkins                Witherspoon            Wofford
Wright                 Young, A.              Young, R.

Total--48

So, the Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.

Rep. WILKINS moved that the House do now adjourn.

POINT OF ORDER

Rep. HASKINS raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.

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

Yeas 44; Nays 63

Those who voted in the affirmative are:

Alexander, M.O.        Anderson               Bailey, J.
Beatty                 Breeland               Byrd
Carnell                Chamblee               Clyborne
Fair                   Harris, P.             Haskins
Hines                  Hodges                 Holt
Houck                  Huff                   Inabinett
Kennedy                Kirsh                  Klauber
Lanford                Marchbanks             Mattos
McAbee                 McMahand               Moody-Lawrence
Neilson                Rogers                 Rudnick
Scott                  Stille                 Stoddard
Stone                  Trotter                Waites
Waldrop                Walker                 Whipper
Wilder, D.             Wilder, J.             Wilkes
Wilkins                Williams

Total--44

Those who voted in the negative are:

Alexander, T.C.        Allison                Baker
Baxley                 Boan                   Brown, G.
Brown, H.              Brown, J.              Canty
Cato                   Cobb-Hunter            Cooper
Corning                Cromer                 Davenport
Delleney               Farr                   Fulmer
Gamble                 Govan                  Graham
Hallman                Harrell                Harrelson
Harris, J.             Harwell                Hutson
Jaskwhich              Keegan                 Kelley
Keyserling             Kinon                  Koon
Law                    Littlejohn             McCraw
McElveen               McLeod                 McTeer
Meacham                Rhoad                  Richardson
Riser                  Robinson               Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Snow
Spearman               Stuart                 Sturkie
Tucker                 Vaughn                 White
Witherspoon            Wofford                Worley
Wright                 Young, A.              Young, R.

Total--63

So, the House refused to adjourn.

H. 4681--SENT TO THE SENATE

The following Bill was taken up.

Rep. FAIR spoke against the Bill.

Rep. WALDROP moved that the House do now adjourn.

POINT OF ORDER

Rep. HUFF raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.

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

Yeas 31; Nays 69

Those who voted in the affirmative are:

Alexander, M.O.        Anderson               Beatty
Breeland               Brown, H.              Brown, J.
Byrd                   Carnell                Chamblee
Cobb-Hunter            Davenport              Govan
Harris, P.             Hines                  Hodges
Houck                  Law                    Marchbanks
Martin                 McAbee                 Moody-Lawrence
Rhoad                  Spearman               Stille
Stone                  Waldrop                Whipper
White                  Wilder, D.             Wilder, J.
Williams

Total--31

Those who voted in the negative are:

Alexander, T.C.        Allison                Askins
Bailey, G.             Bailey, J.             Baxley
Boan                   Cato                   Cooper
Corning                Cromer                 Delleney
Fair                   Farr                   Gamble
Graham                 Hallman                Harrell
Harrelson              Harris, J.             Harwell
Haskins                Holt                   Huff
Hutson                 Inabinett              Jaskwhich
Keegan                 Kelley                 Kennedy
Keyserling             Kinon                  Kirsh
Koon                   Littlejohn             Mattos
McCraw                 McElveen               McMahand
McTeer                 Meacham                Neilson
Phillips               Quinn                  Richardson
Riser                  Robinson               Rudnick
Scott                  Sharpe                 Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Snow                   Stoddard
Stuart                 Trotter                Tucker
Vaughn                 Waites                 Walker
Wilkes                 Witherspoon            Wofford
Worley                 Wright                 Young, A.

Total--69

So, the House refused to adjourn.

Rep. FAIR continued speaking.

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

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

Yeas 103; Nays 1

Those who voted in the affirmative are:

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

Total--103

Those who voted in the negative are:
Fair

Total--1

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

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3157 -- Reps. Byrd, J. Brown, Scott, Jaskwhich, Cobb-Hunter, Phillips, Whipper, Littlejohn, Harwell, McMahand, Anderson, Haskins, White, J. Harris, Hines, Robinson, Kinon, J. Bailey, Neal, Govan, Elliott, Waites, Canty, J. Wilder, Beatty, D. Wilder, Inabinett, R. Young, Harrelson, G. Brown, Breeland, Rudnick and Harvin: A CONCURRENT RESOLUTION AUTHORIZING THE COMMISSIONING OF A PORTRAIT OF MODJESKA MONTEITH SIMKINS TO BE PLACED IN THE STATE HOUSE.

H. 4922 -- Reps. Carnell, Spearman, P. Harris and McAbee: A CONCURRENT RESOLUTION TO COMMEND BILL J. SAMS, DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF VETERANS AFFAIRS, FOR HIS OUTSTANDING SERVICE TO THE STATE AND ITS VETERANS UPON THE OCCASION OF HIS RETIREMENT DURING THE LEGISLATIVE INTERIM, AND TO PROVIDE THAT BILL SAMS SHALL BE PRESENTED THIS RESOLUTION AND RECOGNIZED FOR HIS SERVICE TO THE VETERANS OF SOUTH CAROLINA ON WEDNESDAY, MARCH 23, 1994, DURING THE JOINT SESSION OF THE GENERAL ASSEMBLY TO HEAR THE ADDRESS OF THE NATIONAL COMMANDER OF THE AMERICAN LEGION.

H. 4924 -- Reps. Thomas, Snow and Kennedy: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MAJOR SPENCER GUERRY, GEORGETOWN DEPUTY CHIEF OF POLICE, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 4926 -- Rep. J. Harris: A CONCURRENT RESOLUTION CONGRATULATING THE FFA SOIL IDENTIFICATION AND LAND TREATMENT TEAM OF MCBEE HIGH SCHOOL IN CHESTERFIELD COUNTY AND THE TEAM'S ADVISOR, MR. PAT EARLE, ON PLACING FIRST IN THE ANNUAL SOUTH CAROLINA FFA SOIL IDENTIFICATION AND LAND TREATMENT CONTEST.

H. 4927 -- Rep. J. Harris: A CONCURRENT RESOLUTION CONGRATULATING THE LADY PANTHERS VOLLEYBALL TEAM OF MCBEE HIGH SCHOOL IN CHESTERFIELD COUNTY AND THE TEAM'S COACH, MS. LAURIE ROBERTS, ON WINNING THEIR FIFTH CONSECUTIVE CLASS A STATE CHAMPIONSHIP.

H. 4929 -- Rep. McMahand: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING THE REVEREND ROBERT EARL DENNIS FOR HIS TWENTY-FIVE YEARS OF OUTSTANDING AND DEDICATED SERVICE AS PASTOR OF CEDAR GROVE BAPTIST CHURCH IN GREENVILLE COUNTY.

ADJOURNMENT

At 2:22 P.M. the House in accordance with the motion of Rep. McKAY adjourned in memory of Walter D. "Red" Tyler, his father-in-law, to meet at 10:00 A.M. tomorrow.

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