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

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

The following Bill was taken up.

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.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5914HTC.94), which was adopted.

Amend the bill, as and if amended, by striking Section 16-13-437, as contained in SECTION 1, and inserting:

/Section 16-13-437. It is unlawful for a person knowingly to make a false statement or representation with respect to the person's individual or family income to a public housing agency in obtaining or retaining public housing or with respect to the determination of rent due from the person for public housing. For purposes of this section public housing includes private housing provided through a housing program managed by a public housing agency. A person violating this provision is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than two years or fined not more than one thousand dollars and the person convicted must be ordered to pay restitution to the public housing agency./

Amend title to conform.

Rep. KLAUBER explained the amendment.

The amendment was then adopted.

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

The following Bill was taken up.

S. 665 -- Senator Leventis: A BILL TO AMEND SECTION 35-1-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR REGISTRATION OF A SECURITIES BROKER-DEALER, AGENT, INVESTMENT ADVISOR, OR INVESTMENT ADVISOR REPRESENTATIVE, SO AS TO REQUIRE A SOUTH CAROLINA LAW ENFORCEMENT DIVISION CRIMINAL RECORD HISTORY TO BE OBTAINED FOR EACH INITIAL APPLICANT AND ALL CONVICTIONS RECORDED WITHIN SEVEN YEARS OF THE DATE OF THE APPLICATION TO BE NOTED ON THE REGISTRATION, TO REQUIRE A SEARCH OF BANKRUPTCY RECORDS FOR INITIAL APPLICANTS AND ANY ADJUDICATION OF PERSONAL BANKRUPTCY TO BE NOTED ON THE REGISTRATION, AND TO IMPOSE AN ADDITIONAL INITIAL REGISTRATION FEE IN AN AMOUNT SUFFICIENT TO COVER THE COST OF THESE ADDITIONAL REQUIREMENTS.

Reps. T.C. ALEXANDER and WHIPPER proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6106HTC.94), which was adopted.

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

/SECTION 1. Section 35-1-440 of the 1976 Code, as last amended by Act 612 of 1990, is further amended by adding at the end:

"For all applicants who are not members of the National Association of Securities Dealers (NASD), a criminal record history must be obtained, at the rate set by law, from the South Carolina Law Enforcement Division on an applicant's initial application for registration under this section. All convictions of misdemeanors involving a security or any aspect of the securities business and all felonies recorded within ten years of the date of the application must be noted on the registration."/

Amend title to conform.

Rep. T.C. ALEXANDER explained the amendment.

The amendment was then adopted.

Amend the bill, as and if amended, page 2, by striking lines 5 through 7 and inserting:

/SECTION 2. Section 40-68-40(B) of the 1976 Code, as added by Act 169 of 1993, is amended to read:

"(B) The department shall conduct a background investigation of each individual applicant and of each controlling person of each applicant and require fingerprinting of each applicant and each controlling person to determine whether the applicant or controlling person is qualified under this chapter. The department may deny an application for the issuance or renewal of a license if it finds that a controlling person is not qualified under this chapter. The investigation may shall include:

(1) the submission of fingerprints for processing through appropriate local, state, and federal law enforcement agencies; and

(2) examination by the department, if necessary, of police or other law enforcement records maintained by local, state, or federal law enforcement agencies."

SECTION 3. Section 1 of this act takes effect July 1, 1994 and applies with respect to initial applications for registration filed after June 30, 1994. Section 2 of this act takes effect upon approval by the Governor./

Amend title to conform.

Rep. M.O. ALEXANDER explained the amendment.

The amendment was then adopted.

Rep. T.C. ALEXANDER moved to adjourn debate upon the Bill until Thursday, May 26, which was adopted.

The following Bill was taken up.

S. 861 -- Senator Greg Smith: A BILL TO AMEND SECTION 38-75-310(5), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINDSTORM AND HAIL INSURANCE, SO AS TO INCLUDE THE MURRELLS INLET PORTION OF GEORGETOWN COUNTY IN THE DEFINITION OF COASTAL AREA.

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

/SECTION 1. Section 38-75-310(5) of the 1976 Code is amended to read:

"(5) `Coastal area' means:

(a) all areas in Beaufort County and Colleton County which are east of the west bank of the intracoastal waterway;

(b) the following areas in Georgetown County: Cedar Island, DeBordieu Beach, Litchfield Beach, South Island, Pawley's Island, Retreat Beach, North Island, Magnolia Beach, and Garden City; and all areas between the Harrell Siau Bridge and Murrells Inlet which are east of a line paralleling and lying one hundred fifty feet east of U.S. Highway No. 17 Business and all areas in Murrells Inlet which are east of U.S. Highway No. 17 Business;

(c) all areas in Horry County east of a line paralleling and lying one hundred fifty feet east of U. S. Highway No. 17 (Kings Highway) Business;

(d) the following areas in Charleston County: Edingsville Beach, Kiawah Island, Botany Bay Island, Folly Island, Seabrook Island, Morris Island, and all areas north of the city of Charleston which are east of the west bank of the intracoastal waterway.

(e) Notwithstanding any other provision of law, the Chief Insurance Commissioner is authorized to change the areas set forth in subitems (a) through (d) of this item (5) from time to time as the commissioner considers necessary in order to maintain an orderly market operation of the South Carolina Wind and Hail Underwriting Association."

SECTION 2. Section 38-75-310(1) of the 1976 Code, as last amended by Act 469 of 1990, is further amended to read:

"(1) `Essential property insurance' means insurance against direct and indirect loss to property as defined and limited in the wind and hail insurance policy and forms approved by the commissioner."

SECTION 3. Section 38-43-106 of the 1976 Code, as added by Act 141 of 1991, is amended by adding an appropriately lettered subsection to read:

"( ) The continuing insurance education requirements of this section also apply to persons licensed as adjusters, as well as applicants for such licensure, pursuant to Chapter 47 of this title, and the Chief Insurance

SECTION 4. Chapter 47, Title 38 of the 1976 Code is amended by adding:

"Section 38-47-90. Persons licensed as adjusters, as well as applicants for such licensure, pursuant to the provisions of this chapter are subject to the completion of continuing insurance education as required and provided for insurance agents pursuant to Section 38-43-106. The Chief Insurance Commissioner shall promulgate appropriate regulations giving effect to the provisions of this section."

SECTION 5. This act takes effect upon approval by the Governor, except for Sections 3 and 4, which take effect May 1, 1996./

Amend title to conform.

Rep. RICHARDSON explained the amendment.

The amendment was then adopted.

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

The following Bill was taken up.

S. 913 -- Senators Lander, J. Verne Smith and Giese: A BILL TO AMEND SECTION 27-40-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SECURITY DEPOSITS AND PREPAID RENT PAID BY RESIDENTIAL TENANTS TO LANDLORDS, SO AS TO CLARIFY THE RIGHTS OF A TENANT WHEN A LANDLORD WRONGFULLY WITHHOLDS A SECURITY DEPOSIT.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9196JM.94), which was adopted.

Amend the bill, as and if amended, pages 1 and 2, by striking SECTION 1 and inserting:

/SECTION 1. Section 27-40-410 of the 1976 Code is amended to read:

"Section 27-40-410. (a) Upon termination of the tenancy, property or money held by the landlord as security may be applied to the payment of must be returned less amounts withheld by the landlord for accrued rent

(b) If the landlord fails to return to the tenant any prepaid rent or security/rental deposit with the notice required to be sent by the landlord pursuant to subsection (a) required to be paid to the tenants under this chapter, the tenant may recover the property and money in an amount equal to three times the amount wrongfully withheld and reasonable attorney's fees.

(c) If a landlord (1) rents more than four adjoining dwelling units on the premises, and (2) imposes different standards for calculating security/rental deposits required of different tenants on the premises, then, prior to the consummation of the rental agreement, the landlord shall either post in a conspicuous place on the premises, or at the place at which rental is paid a statement clearly indicating the standards by which such security/rental deposits are calculated, or shall provide each prospective tenant with a statement setting forth the standards. If a landlord fails to comply with this subsection as to a tenant, the difference between the security/rental deposit required of the tenant and the lowest security/rental deposit required of any other tenant of a comparable dwelling unit on the premises is not subject to deductions for damages by reason of the tenant's noncompliance with Section 27-40-510.

(d) This section does not preclude the landlord or tenant from recovering other damages to which he may be entitled under this chapter or otherwise.

(e) Subject to the provisions of Section 27-40-450, the holder of the landlord's interest in the premises at the time of the termination of the tenancy is bound by this section."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. T.C. ALEXANDER explained the amendment.

Rep. KENNEDY proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\16273AC.94), which was adopted.

Amend the bill, as and if amended, by deleting Section 27-40-410(a) and inserting:

/(a) Upon termination of the tenancy, property or money held by the landlord as security may be applied to the payment of must be returned less amounts withheld by the landlord for accrued rent and the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with Section 27-40-510. The owner of a storage facility of any kind wheresoever located in this State may also require of a person laying claim to any of the contents of the storage facility that the claimant 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. Any deduction from the security/rental deposit must be itemized by the landlord in a written notice to the tenant together with the amount due, if any, within thirty days after termination of the tenancy and delivery of possession and demand by the tenant, whichever is later. The tenant shall provide the landlord in writing with a forwarding address or new address to which the written notice and amount due from the landlord may be sent. If the tenant fails to provide the landlord with the forwarding or new address, the tenant is not entitled to damages under this subsection provided the landlord (1) had no notice of the tenant's whereabouts and (2) mailed the written notice and amount due, if any, to the tenant's last known address./

Amend title to conform.

Rep. KENNEDY explained the amendment.

The amendment was then adopted.

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

Reps. SCOTT, McMAHAND, HINES, MOODY-LAWRENCE and ANDERSON withdrew their objections to the following Bill.

H. 4431 -- Rep. Gonzales: A BILL TO AMEND SECTION 27-40-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A

Rep. SIMRILL withdrew his objection to H. 4313 however, other objections remained upon the Bill.

Rep. SIMRILL withdrew his objection to S. 292 however, other objections remained upon the Bill.

Rep. ROBINSON withdrew his objection to the following Bill.

H. 4709 -- Reps. Phillips, McKay, Kinon and Harwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-9-250 SO AS TO PROVIDE THAT IMPROVEMENTS TO PROPERTY LOCATED WITHIN A FIVE-MILE PERIMETER AROUND A PUBLICLY-OWNED AIRPORT RECEIVING STATE FUNDS MUST BE APPROVED BY THE GOVERNING BODY CHARGED BY LAW WITH THE OPERATION OF THE AIRPORT IF THE IMPROVEMENT CONSTITUTES A HAZARD TO AVIATION.

The motion of Rep. RICHARDSON to reconsider the vote whereby the following Bill was tabled was taken up and agreed to.

H. 4811 -- Rep. G. Bailey: A BILL TO AMEND SECTION 61-3-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE CONDUCT OF OTHER BUSINESS IN RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO AUTHORIZE THE SALE OF NONALCOHOLIC ITEMS INSTEAD OF NONALCOHOLIC BEVERAGES PACKAGED TOGETHER WITH ALCOHOLIC LIQUORS AND TO REQUIRE THE PACKAGING AT THE ALCOHOLIC LIQUOR PRODUCER'S PLACE OF BUSINESS.

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

S. 1373 -- Senator McGill: A BILL TO AMEND ARTICLE 1, CHAPTER 31, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS LOCATED IN FLORENCE COUNTY, SO AS TO AUTHORIZE THE FORMER BOARD OF DIRECTORS OF A DISSOLVED NONPROFIT CORPORATION OR ELEEMOSYNARY ORGANIZATION TO DISTRIBUTE THE REMAINING ASSETS OF THE ORGANIZATION AND TO PROVIDE THAT EFFECTIVE TWO YEARS AFTER THE EFFECTIVE DATE OF THIS ACT, IF SUCH DISTRIBUTION IS NOT ACCOMPLISHED WITHIN FIVE YEARS OF DISSOLUTION, THE REMAINING ASSETS ESCHEAT TO THE STATE.

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

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

Rep. KEEGAN asked unanimous consent to recall S. 1134 from the Committee on Ways and Means.

Rep. KIRSH objected.

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

Rep. TROTTER objected.

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

S. 741 -- Senators Land and Giese: A BILL TO AMEND CHAPTER 43, TITLE 12 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENT AND EQUALIZATION OF REAL PROPERTY FOR PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE FOR THE COUNTY BOARD OF APPEAL IN MATTERS RELATING TO VALUATION OF PROPERTY AND APPEALS FROM THE FINDING OF THE BOARD TO THE TAX COMMISSION AND TO PROVIDE THE PROCEDURES APPLICABLE TO THESE APPEALS; AND TO AMEND SECTION 12-37-90, RELATING TO THE DUTIES OF THE COUNTY ASSESSOR, SO AS TO PROVIDE ADDITIONAL DUTIES FOR THE ASSESSOR RELATING TO THE KEEPING OF AN APPEAL LOG BOOK AND TAX MAPPING.

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

S. 742 -- Senator Land: A BILL TO AMEND SECTION 12-4-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE SOUTH CAROLINA TAX COMMISSION WITH RESPECT TO THE APPRAISAL, ASSESSMENT, AND EQUALIZATION OF CERTAIN BUSINESS PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO PROVIDE THAT THE COMMISSION SHALL PERFORM SUCH FUNCTIONS FOR ONLY THOSE DISTRIBUTION FACILITIES WITH MORE THAN

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