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The following Bill was taken up.

H. 4378 -- Reps. Scott, Rudnick and Corning: A BILL TO PROVIDE THAT, FOR PURPOSES OF PRIVATE PASSENGER AUTOMOBILE INSURANCE, IN AN ACCIDENT OR COLLISION WHERE THE PROPERTY DAMAGE IS SEVEN HUNDRED FIFTY DOLLARS OR MORE, A NONTICKETED VIOLATION IS NOT SUBJECT TO A RECOUPMENT CHARGE.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9213JM.94), which was adopted.

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

/SECTION 1. Section 38-73-455(A)(3) of the 1976 Code is amended to read:

"(3) has had two or more `chargeable' accidents within the thirty-six months immediately preceding the effective date of coverage. A `chargeable' accident is defined as one resulting in bodily injury to any person in excess of three six hundred dollars per person, death, or damage to the property of the insured or other person in excess of seven hundred fifty one thousand dollars. Accidents occurring under the circumstances enumerated below are not considered chargeable.

(a) The automobile was lawfully parked. An automobile rolling from a parked position is not considered as lawfully parked but is considered as operated by the last operator.

(b) The applicant or other operator or owner was reimbursed by or on behalf of a person responsible for the accident or has a judgment against this person.

(c) The automobile of an applicant or other operator was struck in the rear by another vehicle and the applicant or other operator has not been convicted of a moving traffic violation in connection with the accident.

(d) The operator of the other automobile involved in the accident was convicted of a moving traffic violation and the applicant or other operator was not convicted of a moving traffic violation in connection therewith.

(e) An automobile operated by the applicant or other operator is damaged as a result of contact with a `hit and run' driver, if the applicant or other operator so reports the accident to the proper authority within twenty-four hours or, if the person is injured, as soon as the person is physically able to do so.

(g) Accidents involving physical damage, limited to and caused by flying gravel, missiles, or falling objects.

(h) Accidents occurring as a result of the operation of any automobile in response to an emergency if the operator at the time of the accident was responding to a call of duty as a paid or volunteer member of any police or fire department, first aid squad, or any law enforcement agency. This exception does not include an accident occurring after the emergency situation ceases or after the private passenger motor vehicle ceases to be used in response to the emergency; or".

SECTION 2. The threshold amounts of six hundred dollars and one thousand dollars set forth in the introductory paragraph of Section 38-73-455(A)(3) of the 1976 Code, as amended by Section 1 of this act, apply only to accidents occurring after June 30, 1994, and also apply to any merit rating plan promulgated by the Chief Insurance Commissioner pursuant to Section 38-73-760 of the 1976 Code.

SECTION 3. Except as may otherwise be specifically provided in this act, this act takes effect upon approval by the Governor./

Amend title to conform.

Rep. J. BAILEY explained the amendment.

The amendment was then adopted.

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

On motion of Rep. J. BAILEY, with unanimous consent, it was ordered that H. 4378 be read the third time tomorrow.

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

The following Bill was taken up.

H. 4431 -- Rep. Gonzales: A BILL TO AMEND SECTION 27-40-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LANDLORD'S LIEN ON A TENANT'S HOUSEHOLD GOODS, SO AS TO CORRECT AN INTERNAL CROSS REFERENCE.

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

/SECTION . Section 15-41-30(3) of the 1976 Code is amended to read:

"(3) The debtor's interest, not to exceed two thousand five hundred dollars in aggregate value in household furnishings, household goods, wearing apparel, appliances, books, animals, crops, or musical instruments, that are held primarily for the personal, family, or household use of the debtor or a dependent of the debtor; however this exemption does not apply to household furnishings, household goods, wearing apparel, appliances, books, animals, crops, or musical instruments that are being purchased by the debtor through a consumer credit transaction."/

Renumber sections to conform.

Amend title to conform.

Rep. McLEOD explained the amendment and moved to table the amendment, which was agreed to.

Rep. KENNEDY proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\16256AC.94).

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

/SECTION . Notwithstanding any other provision of law, a person laying claim to any of the contents of a storage facility of any kind whatsoever located in this State shall pay to the owner of the storage facility all unpaid rents due for the use of the facility before taking possession of the contents. The owner of the storage facility is not responsible for any property taxes that may be due on any contents that have been in storage in the facility./

Renumber sections to conform.

Amend title to conform.

Rep. KENNEDY explained the amendment.

Rep. SCOTT objected to the Bill.

Rep. KENNEDY continued speaking.

Rep. DAVENPORT withdrew his objection to the following Bill.

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 EDUCATIONAL DEVELOPMENT TESTS DEGREE (GED), AND TO REQUIRE THESE PERSONS TO ALSO SUCCESSFULLY COMPLETE CERTAIN TRAINING WITHIN ONE YEAR OF TAKING OFFICE.

Rep. SIMRILL withdrew his objection to the following Bill.

H. 4196 -- Reps. Harvin and Whipper: A BILL TO ENACT THE "SOUTH CAROLINA SALE OF CHECKS ACT", PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ACT BY THE DEPARTMENT OF CONSUMER AFFAIRS, AND PROVIDE FOR RELATED MATTERS, INCLUDING A LICENSING PROCEDURE AND THE PROMULGATION OF REGULATIONS.

On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.

S. 1312 -- Senator Land: A BILL TO AMEND SECTION 29-3-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHODS OF ENTERING SATISFACTION OF MORTGAGES, SO AS TO PERMIT SATISFACTION OF MORTGAGES RECORDED IN COUNTERPARTS BY SATISFACTIONS EXECUTED IN COUNTERPARTS.

Rep. J. BROWN asked unanimous consent to recall H. 4533 from the Committee on Judiciary.

Rep. MARCHBANKS objected.

Rep. WALKER asked unanimous consent to recall S. 1315 from the Committee on Agriculture, Natural Resources and Environmental Affairs.

Rep. HOLT objected.

Rep. KIRSH asked unanimous consent to recall S. 741 from the Committee on Ways and Means.

Rep. ANDERSON objected.

On motion of Rep. BOAN, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Ways and Means.

S. 1113 -- Senators Mescher and Rose: A JOINT RESOLUTION TO GRANT THE DEPARTMENT OF REVENUE AND TAXATION THE DISCRETIONARY AUTHORITY TO DELAY IMPLEMENTATION OF SECTION 22 OF ACT 164 OF 1993 IF REQUESTED BY A COUNTY GOVERNING BODY AND TO PROVIDE THAT THE DELAY AND IMPLEMENTATION MAY NOT EXTEND BEYOND JANUARY 1, 1995.

On motion of Rep. BOAN, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.

S. 967 -- Senators Ryberg and Leventis: A BILL TO AMEND SECTION 12-51-96, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REDEMPTION OF MOBILE AND MODULAR HOMES AFTER DELINQUENT TAX SALES, SO AS TO PROVIDE FOR A MAXIMUM AMOUNT THAT MAY BE CHARGED AS RENT WHEN AN OWNER REDEEMS A MOBILE OR MODULAR HOME.

On motion of Rep. MARTIN, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.

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.

Rep. PHILLIPS asked unanimous consent to recall S. 397 from the Committee on Education and Public Works.

Rep. KIRSH objected.

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

H. 3599 -- Rep. Davenport: A BILL TO AMEND SECTION 59-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF COMMISSIONERS OF THE SCHOOL FOR THE DEAF AND THE BLIND, SO AS TO ADD A MEMBER WHO REPRESENTS THE INTEREST OF PERSONS WITH MULTIPLE HANDICAPS.

Rep. McABEE asked unanimous consent to recall S. 1077 from the Committee on Ways and Means.

Rep. KIRSH objected.

On motion of Rep. MARTIN, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.

S. 897 -- Senator Reese: A BILL TO AMEND SECTION 16-3-1070, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STALKING, SO AS TO INCREASE THE PENALTIES.

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

H. 4625 -- Reps. Tucker, G. Bailey, Haskins, Harwell, J. Wilder, Davenport, Carnell, Hodges, D. Smith, Harrison, R. Young, Harvin, Gonzales and Graham: A BILL TO AMEND SECTION 9-8-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY AND RETIREMENT BENEFITS FOR MEMBERS OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO CONFORM THE ELIGIBILITY FOR ADDITIONAL BENEFITS BECAUSE OF LENGTH OF SERVICE FOR SOLICITORS TO THE YEARS OF SERVICE REQUIRED FOR A SOLICITOR TO BE ELIGIBLE TO RETIRE.

Rep. SHEHEEN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6113HTC.94), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___. Any increase in retirement benefits as a result of any recalculation pursuant to Section 9-8-60(5) of the 1976 Code, as amended by this act, applies only with respect to benefits paid after the effective date of this act./

Renumber sections to conform.

Amend title to conform.

Rep. SHEHEEN explained the amendment.

The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

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

H. 4494 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-31-60, AS AMENDED, CODE OF

Rep. J. BAILEY made the Point of Order that the Senate amendments were improperly before the House for consideration since printed copies of the Senate amendments have not been upon the desks of the members for one day.

The SPEAKER Pro Tempore sustained the Point of Order.

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

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. J. BAILEY made the Point of Order that the Senate amendments were improperly before the House for consideration since printed copies of the Senate amendments have not been upon the desks of the members for one day.

The SPEAKER Pro Tempore sustained the Point of Order.

Rep. G. BROWN moved that the House do now adjourn.

The motion to adjourn was agreed to by a division vote of 56 to 26.

Rep. HODGES moved to reconsider the vote whereby S. 48 was given a second reading and the motion was noted.

The Senate returned to the House with concurrence the following:

H. 5122 -- Rep. Keyserling: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A CROSSING IN BEAUFORT COUNTY AS THE "MARINE CORPS MEMORIAL CROSSING".

At 12:20 P.M. the House in accordance with the motion of Rep. G. BROWN adjourned to meet at 10:00 A.M. tomorrow.

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

God our Father, we thank You for this another day and for the high privilege of serving You and our people in this place. Grant that we waste none of the hours of this day, that we soil none of its moments, or neglect none of its opportunities, or fail none of its duties. Direct our energies; control our thoughts and our words. May Your Kingdom come and Your will be done in us. Shepherd us through the problems and perils of this day and bring us to evening with peace with ourselves, with each other, and with our God in the knowledge of work well done.

May we grow more like the Lord of all life, in Whose Name we pray. Amen.

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

To the Honorable Carroll A. Campbell, Jr., Governor of South Carolina, and Members of the General Assembly of South Carolina:

The South Carolina Legislative-Governor's Committee on Mental Health and Mental Retardation is pleased to offer their Report on the One Hundred and Tenth General Assembly of South Carolina for your consideration.

The Committee is divided into two distinct working subcommittees. Senator Bryan chairs the Mental Health Subcommittee. Senator Washington, Representative Mattos, Representative Patrick B. Harris, Ms. Naomi Dreher, and Mr. Jim Harrison complete the membership of the Mental Health Subcommittee. Their hard work has resulted in landmark

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