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Rep. RICHARDSON explained the Bill.

H. 4497 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-77-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AUTOMOBILE INSURANCE", SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE THAT AN AUTOMOBILE INSURANCE POLICY INCLUDES A MOTOR VEHICLE LIABILITY POLICY DEFINED IN SECTION 56-9-20 AND ANY NAMED NONOWNER AUTOMOBILE INSURANCE POLICY.

Rep. RICHARDSON explained the Bill.

H. 4591 -- Reps. A. Young, Sharpe, Wofford, G. Bailey, Cato, Davenport, Allison, Robinson, Meacham, Witherspoon, Vaughn, Gamble, Sturkie, Haskins, Riser, Fair, Thomas, Klauber and Koon: A BILL TO AMEND ACT 582 OF 1990, RELATING TO, AMONG OTHER THINGS, THE APPLICATION OF ABOVEGROUND STORAGE PROVISIONS REGARDING PETROLEUM PRODUCTS, SO AS TO

Rep. M.O. ALEXANDER explained the Bill.

On motion of Rep. HARRELSON, with unanimous consent, it was ordered that H. 4779 be read the third time tomorrow.

On motion of Rep. WRIGHT, with unanimous consent, it was ordered that H. 4791 be read the third time tomorrow.

On motion of Rep. LANFORD, with unanimous consent, it was ordered that S. 505 be read the third time tomorrow.

On motion of Rep. RICHARDSON, with unanimous consent, it was ordered that H. 4491 be read the third time tomorrow.

On motion of Rep. RICHARDSON, with unanimous consent, it was ordered that H. 4497 be read the third time tomorrow.

On motion of Rep. M.O. ALEXANDER, with unanimous consent, it was ordered that H. 4591 be read the third time tomorrow.

The following Bill was taken up.

H. 4361 -- Reps. Stuart, Snow, Vaughn, Quinn, Allison, Waites, Marchbanks and Inabinett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ANY PERSON ELECTED TO A SCHOOL DISTRICT BOARD OF TRUSTEES AFTER JULY 1, 1994, WHO PREVIOUSLY HAS NOT BEEN ELECTED TO SUCH OFFICE SHALL BE A HIGH SCHOOL GRADUATE OR HOLD A GENERAL

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20389SD.94), which was tabled.

Amend the bill, as and if amended, by striking Section 59-19-45 of the 1976 Code, as contained in SECTION 1 and inserting:

/Section 59-19-45. In addition to all other qualifications and requirements provided by law, any person elected to a school district board of trustees after July 1, 1994, shall at least be a graduate of an accredited high school of this or any other state or hold a General Educational Development Tests Degree (GED).

The provisions of this section do not apply to any school board trustee who was serving in such office on July 1, 1994, and who is continuously reelected to such office thereafter./

Amend title to conform.

Rep. STUART moved to table the amendment, which was agreed to.

Reps. STUART, ANDERSON, LITTLEJOHN, WRIGHT, KENNEDY, PHILLIPS, JASKWHICH, ALLISON and FARR proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\20433SD.94).

Amend the Report of the Committee on Education and Public Works, as and if amended, by adding at the end of Section 59-19-45 of the 1976 Code:

/Within one year of taking office, all such new members of a school district board of trustees shall successfully complete an orientation in the powers, duties, and responsibilities of a board member including, but not limited to, topics on policy development, personnel, superintendent and board relations, instructional programs, district finance, school law, ethics, and community relations.

The orientation shall be approved by the State Board of Education and conducted by public or private entities approved by the State Board of Education such as the South Carolina School Boards Association./

Amend title to conform.

Rep. STUART explained the amendment.

The following Bill was taken up.

H. 4794 -- Reps. Hodges, Sheheen, Jennings, Harrison, Huff, Martin and J. Wilder: A BILL TO AMEND SECTION 1-23-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT CONTESTED CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A SPECIAL HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 1-23-650, RELATING TO RULES GOVERNING THE ADMINISTRATION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE RULES SHALL BE ADOPTED BY THE DIVISION RATHER THAN PROMULGATED BY THE DIVISION; TO AMEND SECTION 61-1-10, AS AMENDED, RELATING TO THE APPOINTMENT OF ATTORNEYS TO ACT AS ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS, SO AS TO PROVIDE THAT HEARING OFFICERS SHALL BE APPOINTED FOR THESE CASES INITIATED BEFORE MAY 1, 1994; AND TO AMEND SECTION 61-1-55, RELATING TO THE TRANSFER OF THE DUTIES AND RESPONSIBILITIES OF ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS TO THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGE CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE, AND TO DELAY FROM MARCH 1, 1994, TO MAY 1, 1994, THE REPEAL OF CERTAIN PROVISIONS OF LAW RELATING TO THE APPOINTMENT OF THESE HEARING OFFICERS.

Amend the bill, as and if amended, by striking Section 1-23-650 of the 1976 Code as contained in SECTION 2 and inserting:
/SECTION 2. Section 1-23-650 of the 1976 Code, as added by Section 19 of Act 181 of 1993, is amended to read:

"Section 1-23-650. Rules governing the administration of the Administration Law Judge Division shall be promulgated adopted by a majority of the judges of the division. Rules governing procedures before the division, not otherwise expressed in Chapter 23 of Title 1 of the 1976 Code, shall be promulgated by the division and subject to review by the General Assembly as are rules of procedure promulgated by the Supreme Court under Article V of the Constitution; provided, however, the division shall adopt temporary rules of procedure to remain in effect until permanent rules are promulgated pursuant to this section during the 1995 session of the General Assembly."/

Amend the bill further, as and if amended, in Section 61-1-10(B) of the 1976 Code, as contained in SECTION 3 by striking /initiated/ on line 32, page 2, and inserting /involving applications protested or administrative violations written/

Amend the bill further, as and if amended, by adding a new SECTION to be appropriately numbered to read:

/SECTION . Section 1-23-600(B) of the 1976 Code, as added by Section 19 of Act 181 of 1993, is amended to read:

"(B) An administrative law judge of the division shall preside over all hearings of contested cases as defined in Section 1-23-310 involving the departments of the executive branch of government in which a single hearing officer is authorized or permitted by law or regulation to hear and decide such cases, except those arising under the Occupational Safety and Health Act, or those other cases or hearings which are prescribed for or mandated by federal law or regulation to be conducted in a manner inconsistent with the provisions of this chapter or the rules of procedures of the Administrated Law Judge Division."/

Amend the bill further, as and if amended, by adding a new SECTION to be appropriately numbered to read:

/SECTION . Section 1-23-640 of the 1976 Code, as added by Section 19 of Act 181 of 1993, is amended to read:

"Section 1-23-640. The division shall maintain its principal offices in the City of Columbia. However, judges of the division shall hear contested cases at the offices or location of the involved department or

Amend the bill further, as and if amended, by adding a new SECTION to be appropriately numbered to read:

/SECTION . Section 8-11-260(d) of the 1976 Code is amended to read:

"(d) all judges within the unified court system, all officers and employees of the judicial department, and all employees of the Commission on Prosecution Coordination, and the Administrative Law Judge Division;"/

Amend the bill further, as and if amended, by adding a new SECTION to be appropriately numbered to read:

/SECTION . Section 8-17-370(4) of the 1976 Code is amended to read:

"(4) Supreme Court justices, circuit court judges, referees, receivers, magistrates, jurors, or masters-in-equity, and all employees of the Commission on Prosecution Coordination, and the Administrative Law Judge Division;"/

Renumber sections to conform.

Amend totals and title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Rep. CORNING proposed the following Amendment No. 5, which was ruled out of order.

Amend the bill, as and if amended, to add a section which amends Section 1-23-525 to delete "and for a period of four years after he ceases to be a member of the General Assembly."

Rep. CORNING explained the amendment.

Rep. QUINN raised the Point of Order that Amendment No. 5 was out of order as it was not germane in that the Bill dealt with the hearing cases and the date for which certain cases will be heard by certain judges and not the qualifications of the Administrative Law Judges.

Rep. CORNING argued contra the Point in stating that the Bill amended the section of the Code dealing with the South Carolina Administrative

The SPEAKER stated that Title 23 of Chapter 1 was a whole title and that the amendment amended Section 525.

Rep. CORNING stated that it added a section.

The SPEAKER stated that it amended Section 525 by deleting some language in the present law and that this Bill did not amend Section 525.

Rep. QUINN stated that the title of the Bill was the key and not the fact that it dealt with the Administrative Law Judges.

The SPEAKER stated that the Bill did not address the election or the qualifications for elections of Administrative Law Judges.

Rep. CORNING stated that the amendment amended Section 1-23-650 relating to rules governing the administration of the Administration Law Judge Division.

The SPEAKER stated that it was not germane and he 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.

Rep. QUINN asked unanimous consent that H. 4794 be read a third time tomorrow.

Rep. CORNING objected.

The following Bill was taken up.

S. 968 -- Senators Jackson, Ford, Reese and Washington: A BILL TO AMEND SECTION 17-5-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF DEAD BODIES, SO AS TO PROVIDE THAT UNIDENTIFIED BODIES MUST BE PRESERVED AT THE MEDICAL UNIVERSITY OF SOUTH CAROLINA OR OTHER SUITABLE FACILITY FOR A PERIOD OF THIRTY DAYS.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15757AC.94), which was adopted.

Amend the bill, as and if amended, Section 17-5-290, page 2, by inserting after /University./ on line 8 /If an unidentified body is preserved

Amend title to conform.

Rep. LANFORD explained the amendment.

The amendment was then adopted.

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

Rep. LANFORD asked unanimous consent that S. 968 be read a third time tomorrow.

Rep. MOODY-LAWRENCE objected.

The following Bill was taken up.

H. 4659 -- Reps. Hodges, Gonzales, Cromer and Delleney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-205 SO AS TO PROVIDE THAT ALL COSTS, FEES, FINES, PENALTIES, FORFEITURES, AND OTHER REVENUE GENERATED BY THE CIRCUIT COURTS AND FAMILY COURTS MUST BE REMITTED 56 PERCENT TO THE COUNTY AND 44 PERCENT TO THE STATE AND TO PROVIDE EXCEPTIONS; BY ADDING SECTION 14-1-206 SO AS TO PROVIDE AN ASSESSMENT EQUAL TO 62 PERCENT OF A CRIMINAL FINE IMPOSED IN GENERAL SESSIONS AND FAMILY COURT AND TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF THE ASSESSMENT; BY ADDING SECTION 14-1-207 SO AS TO PROVIDE AN ASSESSMENT EQUAL TO 88 PERCENT OF A CRIMINAL FINE IMPOSED IN MAGISTRATES' COURT AND TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF THE ASSESSMENT; BY ADDING SECTION 14-1-208 SO AS TO PROVIDE AN ASSESSMENT EQUAL TO 68 PERCENT OF A CRIMINAL FINE IMPOSED IN MUNICIPAL COURT AND TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF THE ASSESSMENT; BY ADDING SECTION 11-5-175 SO AS TO REQUIRE THE STATE TREASURER TO PROVIDE A QUARTERLY REPORT TO EACH DEPARTMENT OR AGENCY THAT RECEIVES MONEY COLLECTED PURSUANT TO SECTIONS 14-1-205, 14-1-206, 14-1-207, AND 14-1-208; AND BY

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3273AL.94), which was adopted.

Amend the bill, as and if amended, by striking SECTIONS 1 through 6 and inserting:

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

"Section 14-1-205. Except as provided in Sections 17-15-260, 34-11-90, 50-1-150, 50-1-170, and 56-5-4160, on January 1, 1995, 56 percent of all costs, fees, fines, penalties, forfeitures, and other revenues generated by the circuit courts and the family courts must be remitted to the county in which the proceeding is instituted and 44 percent of the revenues must be delivered to the county treasurer to be remitted monthly by the fifteenth day of each month to the State Treasurer on forms and in a manner prescribed by him. When a payment is made to the county in installments, the state's portion must be remitted to the State Treasurer by the county treasurer on a monthly basis. The 44 percent remitted to the State Treasurer must be deposited as follows:

(1) 72.93 percent to the general fund;

(2) 16.73 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities;

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