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:

Lord, there are times when we fail to make Your way a reality in our lives. Forgive us for not believing that You can do all that You say. "Lord, increase our faith," and help us to put our faith into action.

And as we near the end of a work week here, help us to be encouraged by Your support to our effort. Take our words and deeds as humble offerings that seek daily to show Your Lordship. Keep our ears attuned to Your voice, give to us an ever increasing desire to rely upon You in challenges and opportunities which are continually before us. Enable us to hear clearly the words of the Psalmist: "The fear of the Lord is the beginning of wisdom." (Psalm 111:10a) 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 yesterday, the SPEAKER ordered it confirmed.

Rep. KEEGAN moved that when the House adjourns, it adjourn in memory of John M. Gleason of Charleston, which was agreed to.

The Annual Report of the Joint Insurance Study Committee was received and will be printed in the Senate Journal on Friday, January 20.

The following was received.
Columbia, S.C., January 18, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R628, H. 5146 by a vote of 45 to 0.
(R628) H. 5146 -- Rep. Whipper: AN ACT TO AUTHORIZE THE CHARLESTON COUNTY SCHOOL DISTRICT TO CHARGE MATRICULATION AND OTHER INCIDENTAL FEES; AND TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT SO AS TO REVISE THE MANNER IN WHICH CERTAIN VACANCIES ARE FILLED.
Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., January 18, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R537, S. 1040 by a vote of 45 to 0.
(R537) S. 1040 -- Senator Bryan: AN ACT TO AMEND SECTION 2-15-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO INCREASE THE NUMBER OF PUBLIC MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL FROM THREE TO FIVE AND TO PROVIDE THAT ONE MUST BE A LICENSED ATTORNEY, AND DELETE TWO EX OFFICIO MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE LIEUTENANT GOVERNOR; TO AMEND SECTION 2-15-20 RELATING TO THE COMPOSITION OF THE NOMINATING COMMITTEE CHOSEN TO PRESENT NOMINEES TO THE LEGISLATIVE AUDIT COUNCIL, SO AS TO DECREASE FROM SEVEN TO SIX THE NUMBER OF MEMBERS AND THE MANNER THE MEMBERS ARE CHOSEN, AND PROVIDE THE PROCEDURE FOR FILLING VACANCIES; TO AMEND SECTION 1-27-10 RELATING TO SOUTH CAROLINA ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS, SO AS TO MAKE THE COMMISSION A PART OF THE OFFICE OF THE EXECUTIVE DIRECTOR OF THE STATE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 1-27-60, RELATING TO THE FUNDING OF THE ADVISORY COMMISSION ON INTERGOVERNMENTAL COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT THE COMMISSION RECOMMEND AN ANNUAL BUDGET AND APPROPRIATION REQUEST TO THE BUDGET AND CONTROL BOARD.
Very respectfully,
President

Rep. SHEHEEN moved to adjourn debate upon the veto message until Tuesday, January 24, which was adopted.

The following was introduced:

H. 3315 -- Reps. L. Whipper, Phillips, S. Whipper, Breeland, Anderson and Moody-Lawrence: A HOUSE RESOLUTION TO DECLARE THE LADIES LOUNGE LOCATED INSIDE THE HOUSE OF REPRESENTATIVES CHAMBER A NO SMOKING AREA.

The Resolution was ordered referred to the Committee on Rules.

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

H. 3316 -- Rep. Kirsh: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA JAYCEES TO USE THE BLATT BUILDING AND UNDERGROUND PARKING FACILITY OF THE CAPITOL COMPLEX ON SATURDAY AND SUNDAY, JANUARY 28 AND 29, 1995, TO REQUEST THE DIVISION OF GENERAL SERVICES TO PROVIDE FOR REASONABLE USE OF THE UNDERGROUND PARKING FACILITY AND THE BLATT BUILDING, AND TO ARRANGE FOR ASSISTANCE AND ACCESS BY THE STATE HOUSE SECURITY FORCES.

Be it resolved by the House of Representatives:

That the South Carolina Jaycees are authorized to use the Blatt Building and underground parking facility of the Capitol Complex on Saturday and Sunday, January 28 and 29, 1995, if the House is not in statewide session on those days, for the purpose of involving the Jaycees in the legislative process and for the purpose of conducting a model legislature.

Be it further resolved that the Division of General Services is requested to provide for the underground parking facility and the Blatt Building to be made available for reasonable use by the Jaycees and that the State House security forces provide assistance and access necessary for this meeting in accordance with previous procedures.

The Resolution was adopted.

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

H. 3317 -- Reps. Thomas, Hallman, J. Young, Martin, Kelley, Rogers and A. Young: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO DELETE DETAILED REQUIREMENTS FOR THE REGULATION OF ALCOHOLIC LIQUORS AND BEVERAGES AND AUTHORIZE THE GENERAL ASSEMBLY TO REGULATE THEIR CONSUMPTION.

Referred to Committee on Ways and Means.

H. 3318 -- Reps. Thomas, Martin, Rogers, Quinn, Felder, J. Young, Law and Dantzler: A BILL TO AMEND SECTION 61-5-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSPORTATION, POSSESSION, AND CONSUMPTION OF ALCOHOLIC LIQUOR, SO AS TO DELETE THE PROVISIONS FOR ALCOHOLIC LIQUORS IN SEALED CONTAINERS OF TWO OUNCES OR LESS AND PROVIDE FOR ALCOHOLIC LIQUOR BY THE DRINK; AND TO AMEND SECTION 61-5-130, AS AMENDED, RELATING TO THE TAX ON ALCOHOLIC LIQUORS IN SEALED CONTAINERS OF TWO OUNCES OR LESS, SO AS TO DELETE THE TAX ON THE CONTAINERS AND RELATED REQUIREMENTS AND PROVIDE FOR A TAX ON EACH LITER.

Referred to Committee on Ways and Means.

H. 3319 -- Reps. Thomas, H. Brown, Rogers, Govan, Shissias, Kelley, Meacham, Harrison, A. Young, Cotty, Stille, Quinn, Cooper and Fleming: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION, SO AS TO AUTHORIZE THE COURT TO REQUIRE A PERSON DELINQUENT IN MAKING CHILD SUPPORT PAYMENTS TO PAY THE ARREARAGE AND INTEREST ON THE ARREARAGE AS PROVIDED FOR MONEY DECREES AND JUDGMENTS.

Referred to Committee on Judiciary.

H. 3320 -- Reps. Cooper, Witherspoon, Meacham, Chamblee, Tripp, P. Harris, Cato, Trotter, Thomas, Townsend and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-870 SO AS TO RESTRICT THE USE OF PERSONAL WATERCRAFT INCLUDING JET SKIS AND PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Judiciary.

H. 3321 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-57-75 SO AS TO MAKE IT AN UNFAIR METHOD OF COMPETITION AND UNFAIR OR DECEPTIVE ACT OR PRACTICE FOR AN INSURER TO CONTRACT OR AGREE WITH ANY COMPANY OR OTHER BUSINESS ENTITY TO MANAGE, HANDLE, OR ARRANGE INSURANCE REPAIR WORK OR TO ACT AS AN AGENT FOR THE INSURER IN ANY MANNER WHERE THE COMPANY OR ENTITY SETS A PRICE WHICH MUST BE MET BY A REPAIR SHOP AS A CONDITION OF DOING CLAIMS REPAIR WORK FOR THE INSURER AND THEN RETAINS A PERCENTAGE OF THE CLAIM PAID BY THE INSURER.

Referred to Committee on Labor, Commerce and Industry.

H. 3322 -- Reps. McAbee, Kelley, Inabinett, Hutson, Shissias, J. Harris, Scott, Byrd and McCraw: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 32 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR REGIONAL TOURISM COMMISSIONERS.

Referred to Committee on Education and Public Works.

H. 3323 -- Reps. Martin, Kelley, Keegan, Thomas, Harrison, Baxley, Witherspoon, Riser, Hutson, Kinon, Canty, Harvin, Elliott, Sharpe, Jennings, H. Brown, Beatty, Quinn, Fleming, Hodges, J. Young, McAbee, Richardson, Sandifer, Rhoad, Govan, Townsend, Huff, Tucker, Cooper, Fulmer, McKay, Wilkins, Rogers, T. Brown, Wofford, D. Smith and Askins: A BILL TO AMEND TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 37 SO AS TO AUTHORIZE COUNTIES TO ESTABLISH OPTIONAL METHODS FOR THE FINANCING OF TRANSPORTATION FACILITIES INCLUDING THE ACQUISITION, CONSTRUCTION, EQUIPMENT, AND OPERATION OF HIGHWAYS, ROADS, STREETS, AND BRIDGES, EITHER ALONE OR IN PARTNERSHIP WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION.

Referred to Committee on Education and Public Works.

H. 3324 -- Rep. Davenport: A JOINT RESOLUTION TO DIRECT THE STATE DEPARTMENT OF EDUCATION TO COMPILE A LIST OF STATE AND LOCAL REGULATIONS IMPOSED ON SCHOOLS WHICH IT CONSIDERS AS UNNECESSARILY BURDENSOME, AND TO PROVIDE THAT THE FINDINGS OF THE DEPARTMENT SHALL BE REPORTED TO THE GENERAL ASSEMBLY BY JULY 1, 1995, AND MUST INCLUDE RECOMMENDATIONS TO ELIMINATE OUT-DATED, DUPLICATIVE, OR UNNECESSARY REGULATIONS IMPOSED ON SCHOOLS.

Referred to Committee on Education and Public Works.

H. 3325 -- Reps. Knotts, Haskins, Lanford, Cain, Wright, Riser, S. Whipper, Herdklotz, Townsend, Elliott, Kelley, Stille, Meacham, H. Brown, Keegan, Bailey, Quinn, Hallman, Keyserling, Wofford, Wilder, Sandifer, Vaughn, Littlejohn, Kennedy, Gamble, Simrill, Seithel, Shissias, Hutson, Chamblee, R. Smith, Richardson, Harrell, Marchbanks, Cato, Allison, Wells, Davenport, Stoddard, Wilder, Whatley, Thomas, A. Young, Witherspoon, Klauber, Baxley, McCraw, Cooper, Phillips, Cotty, Tucker, J. Harris, Kirsh and J. Young: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, BY ADDING SECTION 37 SO AS TO PROVIDE THAT ANY MEMBER OF THE GENERAL ASSEMBLY WHO PLEADS GUILTY OR NOLO CONTENDERE TO OR IS CONVICTED OF A CRIME IN STATE OR FEDERAL COURT THE PENALTY FOR WHICH INCLUDES A TERM OF IMPRISONMENT FOR TWO OR MORE YEARS IS EXPELLED FROM THE BODY OF WHICH HE IS A MEMBER UPON THE PLEA OR CONVICTION, AND TO PROVIDE THAT UPON EXPULSION A VACANCY IN THAT OFFICE SHALL EXIST WHICH MUST BE FILLED AS PROVIDED BY LAW.

Referred to Committee on Judiciary.

H. 3326 -- Reps. Richardson, Baxley, Beatty, Stoddard, L. Whipper, Fair and Herdklotz: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 117 SO AS TO CREATE THE INDIVIDUAL MEDICAL ACCOUNT ACT ALLOWING A PERSON TO DEPOSIT FUNDS IN AN ACCOUNT ESTABLISHED AS A TRUST FOR THE PURPOSE OF PAYING THE MEDICAL, DENTAL, AND LONG-TERM CARE EXPENSES OF THE ACCOUNT HOLDER AND TO PROVIDE FOR THE DUTIES OF THE TRUSTEE, TO PROVIDE A TAX EXEMPTION ON INTEREST EARNED, AND TO PROVIDE FOR THE WITHDRAWAL OF FUNDS.

Referred to Committee on Ways and Means.

H. 3327 -- Reps. J. Brown, Hines, Breeland, L. Whipper, Byrd, Clyburn, Lloyd, Anderson, Inabinett and Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-53-85 SO AS TO PROVIDE FOR EDUCATIONAL REQUIREMENTS FOR LICENSURE AS A BAIL BONDSMAN, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES.

Referred to Committee on Judiciary.

H. 3328 -- Reps. Richardson, Haskins, Keyserling, Hines, Fulmer, Byrd, Breeland, Tripp, J. Brown, Kelley, Lloyd, Cato, Robinson, Harvin, Inabinett, Koon, Littlejohn, Jaskwhich and Herdklotz: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION, ISSUANCE, RENEWAL, AND FEE FOR A BEGINNER'S DRIVING PERMIT, SO AS TO REVISE THE AGE TO OBTAIN A PERMIT AND TO REVISE THE AGE OF THE LICENSED DRIVER WHO ACCOMPANIES A PERSON HOLDING A PERMIT.

Referred to Committee on Education and Public Works.

H. 3329 -- Reps. Richardson, Sharpe, Simrill, Keyserling, Byrd, Robinson, Herdklotz, Littlejohn, Fulmer, Jaskwhich, Lloyd, Koon and Mason: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-9-450 SO AS TO PROVIDE THAT THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION SHALL NOT ALLOW THE PAYMENT OF ANY BENEFITS UNDER TITLE 42 TO AN INJURED EMPLOYEE OR HIS DEPENDENTS WHO RECEIVE SIMILAR BENEFITS BY VIRTUE OF FEDERAL LAW FOR THE SAME INJURY, AND REQUIRE THE COMMISSION TO TAKE THE NECESSARY LEGAL ACTION TO RECOVER ANY BENEFITS UNDER TITLE 42 WHICH ARE PAID INADVERTENTLY OR OTHERWISE IN CONTRAVENTION OF THE PROVISIONS OF THIS SECTION.

Referred to Committee on Labor, Commerce and Industry.

H. 3330 -- Reps. Tucker, Chamblee, Hallman, Wilder, Seithel, Fulmer, Simrill, Elliott, Fleming, Herdklotz, Harvin, Jaskwhich, Cooper, Wofford, Law, Robinson, Tripp, J. Brown, Whatley, Lloyd, Rhoad, P. Harris, Cato, Haskins, Koon, Baxley and S. Whipper: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT BOATS AND MOTORS NOT USED IN A TRADE OR BUSINESS.

Referred to Committee on Ways and Means.

H. 3331 -- Rep. Kirsh: A BILL TO REPEAL SECTION 40-60-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION DATE OF THE SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD.

On motion of Rep. KIRSH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3332 -- Reps. Keyserling, Cave, Cain, Martin, Sandifer, Cotty, Stuart, Baxley, Moody-Lawrence, Canty, Chamblee, Lloyd, Scott, Tucker and Richardson: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO EXTEND THE FIVE DOLLAR A DAY SUBSISTENCE ALLOWANCE DEDUCTION ALLOWED LAW ENFORCEMENT OFFICERS TO FIREFIGHTERS AND EMERGENCY MEDICAL SERVICE PERSONNEL.

Referred to Committee on Ways and Means.

H. 3333 -- Reps. Keyserling, Hines, Sharpe, Inabinett, Cobb-Hunter, Spearman, Lloyd, Richardson, Shissias, Baxley, McCraw, Moody-Lawrence, Byrd, Scott, Neal, Phillips, J. Brown, Cave, J. Harris, Hutson and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 17, TITLE 37 SO AS TO PROVIDE FOR THE REGULATION AND LICENSING BY THE SOUTH CAROLINA DEPARTMENT OF CONSUMER AFFAIRS OF BUSINESSES SELLING CHECKS AND MONEY ORDERS AND CASHING CHECKS FOR CONSIDERATION; TO PROVIDE LICENSING REQUIREMENTS; TO AUTHORIZE LICENSE FEES; TO REQUIRE FINANCIAL SURETY, INCLUDING BONDS; TO PERMIT EXAMINATION OF RECORDS AND BOOKS; TO PROVIDE RESTRICTIONS ON FEES CHARGED FOR SERVICES; TO PROVIDE GROUNDS FOR REVOCATION AND SUSPENSION; AND TO PROVIDE PENALTIES.

Referred to Committee on Labor, Commerce and Industry.

H. 3334 -- Reps. Keyserling, Phillips, Inabinett, Meacham, Bailey, Limbaugh, Neal, Hines, Lloyd, Richardson, Klauber, Hutson, Vaughn, Clyburn, Neilson, Scott, Rhoad, Law, J. Harris, McCraw, Haskins, Cave, Moody-Lawrence, Keegan and Spearman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-43-720 SO AS TO PROHIBIT BODY PARTS FROM A DEAD BODY REMOVED DURING AN AUTOPSY TO BE USED FOR ORGAN OR TISSUE DONATION UNLESS CONSENT HAS BEEN OBTAINED; TO AMEND SECTION 17-5-260, RELATING TO AUTOPSIES PERFORMED ON PERSONS DYING AS A RESULT OF VIOLENCE OR IN ANY UNUSUAL OR SUSPICIOUS CIRCUMSTANCES, SO AS TO REQUIRE NOTICE TO THE FAMILY OF THE DECEDENT IF ORGANS OR TISSUE ARE REMOVED PERMANENTLY; TO AMEND SECTIONS 44-43-330 AND 44-43-950, BOTH AS AMENDED, AND BOTH RELATING TO CONSENT FOR ORGAN AND TISSUE DONATION, SO AS TO REQUIRE THAT COUNSELING BE PROVIDED AND WITNESSED AND A STATEMENT SIGNED THAT COUNSELING WAS RECEIVED AND TO REQUIRE THE FORM BE WRITTEN SO AS TO BE UNDERSTANDABLE TO A LAY PERSON; AND TO AMEND SECTION 44-43-710, RELATING TO CONSENT FOR AUTOPSIES, SO AS TO REQUIRE A CONSENT TO AN AUTOPSY BE WRITTEN SO AS TO BE UNDERSTANDABLE TO A LAY PERSON.

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

H. 3335 -- Reps. Cato, Tripp, Hallman, Fulmer, Trotter, Cooper, Law, Meacham, Mason, A. Young, Stuart and S. Whipper: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTOMOBILE INSURANCE LAW AND COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN PROVISIONS, PERMIT, RATHER THAN REQUIRE, COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE TO BE MADE AVAILABLE TO AN INSURED OR QUALIFIED APPLICANT, AND PROVIDE, AMONG OTHER THINGS, THAT INSURERS WRITING SINGLE INTEREST COLLISION COVERAGE SHALL PROVIDE AN APPLICANT FOR THE INSURANCE AT THE TIME OF HIS APPLICATION A CERTAIN NOTICE SEPARATE AND APART FROM ANY OTHER FORM USED IN THE APPLICATION AND THAT, IF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE FINDS THAT AN INSURER IS PARTICIPATING IN DISCRIMINATORY PRACTICES, THE DIRECTOR OR HIS DESIGNEE MAY IMPOSE A FINE ON THE INSURER OF UP TO TWO HUNDRED THOUSAND DOLLARS; AND TO REQUIRE ALL INSURERS SUBJECT TO THE PROVISIONS OF SECTION 38-77-280 TO SUBMIT RATE FILINGS TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT, WHICH FILINGS MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT.

Referred to Committee on Labor, Commerce and Industry.

H. 3336 -- Reps. Cato, Tripp, Kelley, Fulmer, Hallman, Meacham, Trotter, Cooper, Cromer, A. Young, Rhoad, Neal, Easterday, Stuart, Law, Knotts, Hutson, Herdklotz, Kirsh and S. Whipper: A JOINT RESOLUTION TO REQUIRE THAT RECOUPMENT FEES FOR PRIVATE PASSENGER AUTOMOBILE LIABILITY INSURANCE POLICIES REMAIN AT FISCAL YEAR 1994-95 LEVELS AND PROHIBIT THEIR INCREASE UNTIL FURTHER ACTION OF THE GENERAL ASSEMBLY.

Referred to Committee on Labor, Commerce and Industry.

H. 3337 -- Rep. Scott: A BILL TO AMEND SECTION 38-73-455, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO RAISE THE THRESHOLD MONETARY LEVELS WITH RESPECT TO "CHARGEABLE" ACCIDENTS; AND TO PROVIDE THAT THE THRESHOLD AMOUNTS, AS CHANGED BY THIS ACT, APPLY ONLY TO ACCIDENTS OCCURRING AFTER JUNE 30, 1995, AND ALSO APPLY TO ANY MERIT RATING PLAN PROMULGATED PURSUANT TO SECTION 38-73-760.

Referred to Committee on Labor, Commerce and Industry.

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

Allison                Anderson               Askins
Bailey                 Baxley                 Beatty
Breeland               Brown, G.              Brown, H.
Brown, J.              Brown, T.              Byrd
Cain                   Carnell                Cato
Cave                   Chamblee               Clyburn
Cobb-Hunter            Cooper                 Cotty
Cromer                 Dantzler               Davenport
Delleney               Easterday              Elliott
Fair                   Felder                 Fleming
Fulmer                 Gamble                 Govan
Hallman                Harrell                Harris, J.
Harrison               Haskins                Herdklotz
Hines                  Hodges                 Howard
Huff                   Hutson                 Inabinett
Jaskwhich              Jennings               Keegan
Kelley                 Kennedy                Keyserling
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Limbaugh               Limehouse
Littlejohn             Lloyd                  Marchbanks
Martin                 Mason                  McAbee
McCraw                 McKay                  McTeer
Meacham                Moody-Lawrence         Neal
Neilson                Phillips               Rhoad
Rice                   Richardson             Riser
Rogers                 Sandifer               Scott
Seithel                Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Spearman               Stille                 Stoddard
Stuart                 Thomas                 Townsend
Tripp                  Trotter                Tucker
Vaughn                 Waldrop                Walker
Wells                  Whatley                Whipper, L.
Whipper, S.            White                  Wilder
Wilkes                 Wilkins                Williams
Witherspoon            Wofford                Worley
Wright                 Young, A.              Young, J.

I came in after the roll call and was present for the Session on Thursday, January 19.

Alfred B. Robinson, Jr.           C. Alex Harvin, III
B. Hicks Harwell                  William D. Boan
Patrick B. Harris                 Joseph T. McElveen, Jr.

Rep. McELVEEN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, January 18.

Announcement was made that Dr. Capers Hiott of Sumter is the Doctor of the Day for the General Assembly.

Rep. STUART, and the Lexington County Delegation, presented to the House the Swansea High School Tigers Football Team, winners of the 1994 State Class AA Championship, and its coaches.

The following Bill was read the third time, passed and, 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.

S. 334 -- Senators McGill, Glover and Leatherman: 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.

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

H. 3103 -- Reps. Shissias, Simrill, Cromer, L. Whipper, S. Whipper, Stille, Kelley, Richardson, Gamble, Phillips and Spearman: A BILL TO AMEND SECTION 43-5-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING SUPPORT PAYMENTS FROM ABSENT PARENTS, SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO PURSUE STATE AND FEDERAL TAX REFUND OFFSETS FOR DELINQUENT CHILD SUPPORT PAYMENTS EVEN IF PERIODIC PAYMENTS ON THE DELINQUENCY ARE BEING MADE OR EVEN IF THE DELINQUENT AMOUNT HAS BEEN PLACED IN ABEYANCE.

Rep. HUFF explained the Bill.

H. 3104 -- Reps. Shissias, Stille and Kelley: A BILL TO AMEND SECTION 20-7-1318, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN INCOME-WITHHOLDING TO ENFORCE SUPPORT ORDERS, SO AS TO REVISE THE DEFINITION OF "SUPPORT ORDER" AND TO CORRECT A CROSS-REFERENCE.

Rep. HUFF explained the Bill.

The following Bill was taken up.

H. 3140 -- Reps. McTeer and Lloyd: A BILL TO AMEND SECTION 7-13-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO DELETE THE REQUIREMENT THAT THE STATE BOARD OF VOTING MACHINE COMMISSIONERS BE PROVIDED WITH A MECHANICAL VOTING MACHINE MODEL SUITABLE FOR THE INSTRUCTION OF VOTERS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\1612DW.95).

Amend the bill, as and if amended, Page 2, by striking Lines 8 through 12 which read:

/(8)     be provided with a counter which shall show shows at all times during an election how many persons have voted; and

(9)     Be provided with a mechanical model, illustrating the manner of voting on the machine, suitable for the instruction of voters; and (Vacant)/
and inserting:

/(8)     be provided with a counter which shows at all times during an election how many persons have voted; and

(9)     be provided with a either an illustration or mechanical model, illustrating demonstrating the manner of voting on the machine, suitable for the instruction of voters; and/

Amend title to conform.

Rep. CROMER explained the amendment.

Rep. L. WHIPPER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Joint Resolution was taken up.

H. 3281 -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 2 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT HOUSE MEMBERS MAY SERVE ONLY SIX COMPLETE TWO-YEAR TERMS AND TO PROVIDE THAT HOUSE MEMBERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS SIX NEW TERMS THEREAFTER; PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 6 OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT SENATORS MAY SERVE ONLY THREE COMPLETE FOUR-YEAR TERMS, TO PROVIDE THAT SENATORS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW TERMS THEREAFTER, AND TO REVISE CERTAIN OBSOLETE REFERENCES; AND PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 7 OF THE CONSTITUTION, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT CONSTITUTIONAL OFFICERS MAY SERVE ONLY THREE COMPLETE FOUR-YEAR TERMS AND TO PROVIDE THAT CONSTITUTIONAL OFFICERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW TERMS THEREAFTER.

Reps. WELLS, D. SMITH, CATO, MASON, SHARPE, HARRISON, KELLEY, COOPER, J. YOUNG, A. YOUNG, WOFFORD, KLAUBER, KNOTTS and DANTZLER objected to the Joint Resolution.

The following Bill was taken up.

H. 3307 -- Reps. J. Brown, Baxley, Jennings, Limbaugh, Law, H. Brown, Cotty, Knotts, Witherspoon, A. Young, Townsend, Clyburn, Moody-Lawrence, Rogers, Fleming, Walker, Scott, Hines, Stuart, R. Smith, Neal, Littlejohn, Anderson, Cave, Lanford, Kennedy, Inabinett, Tripp, Stille, Hallman, Phillips, G. Brown, Simrill, Govan, Wright, Wilder, Neilson, S. Whipper, Harwell, Richardson, Breeland, Shissias, Easterday, Fair, Harrison, L. Whipper, Vaughn, Wells, Spearman, McCraw, Herdklotz, Huff, Beatty, Williams, Riser, Kelley, Cooper, J. Young, T. Brown, Dantzler, Haskins, Sharpe, Klauber, Kirsh, Thomas, Byrd, Mason, Davenport and Jaskwhich: A BILL TO AMEND SECTION 40-51-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF PODIATRY, ITS MEMBERS, TERMS, AND REMOVAL, SO AS TO REVISE THE PROCEDURES FOR NOMINATING MEMBERS AND FOR REMOVAL FROM OFFICE AND TO DELETE THE PROVISIONS PERTAINING TO A MEDICAL CONSULTANT AND A LEGAL ADVISOR TO THE BOARD; TO AMEND SECTION 40-51-80, RELATING TO EXAMINATIONS TO PRACTICE PODIATRIC MEDICINE, SO AS TO REQUIRE THE BOARD TO OFFER THEM TWICE ANNUALLY; TO AMEND SECTION 40-51-110, RELATING TO RECIPROCITY, SO AS TO ALLOW RECIPROCAL LICENSING WITHOUT TAKING AN EXAMINATION; TO AMEND SECTION 40-51-130, RELATING TO RECORDING OF LICENSES WITH COUNTY CLERK OF COURT, SO AS TO DELETE THIS REQUIREMENT; TO AMEND SECTION 40-51-160, RELATING TO DISCIPLINARY ACTION BY THE BOARD, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; AND TO AMEND SECTION 44-7-70, RELATING TO REPORTS BY THE STATE BOARD OF MEDICAL EXAMINERS CONCERNING DISCIPLINARY ACTION AGAINST PHYSICIANS, SO AS TO REQUIRE SUCH REPORTS ON PODIATRISTS.

Rep. A. YOUNG made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

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

H. 3238 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-435 SO AS TO ALLOW LOCAL GOVERNMENTS, SCHOOL DISTRICTS, AND CHARITABLE ORGANIZATIONS TO USE INMATES TO PERFORM CONSTRUCTION, REPAIR, AND MAINTENANCE SERVICES; BY ADDING SECTION 24-13-100 SO AS TO PROVIDE THE CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK RELEASE; BY ADDING SECTION 24-13-150 SO AS TO PROVIDE THE CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR EARLY RELEASE; BY ADDING SECTION 24-13-175 SO AS TO PROVIDE THAT SENTENCES IMPOSED AND TIME SERVED BE COMPUTED BASED UPON A THREE HUNDRED AND SIXTY-FIVE DAY YEAR; BY ADDING SECTION 24-21-560 SO AS TO PROVIDE A PERSON WHO COMMITS A CRIME SATISFACTORILY COMPLETE A COMMUNITY SUPERVISION PROGRAM BEFORE HIS RELEASE FROM THE CRIMINAL JUSTICE SYSTEM, TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO NOTIFY THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION OF AN INMATE'S PROJECTED RELEASE DATE, AND TO REQUIRE THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION TO NOTIFY VICTIMS AND THE LOCAL SHERIFF'S OFFICE OF THE PLACE WHERE THE INMATE IS TO BE RELEASED WHEN HE IS PLACED IN COMMUNITY SUPERVISION; TO AMEND SECTIONS 1-30-10 AND 1-30-85, RELATING TO DEPARTMENTS RESTRUCTURED WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF PROBATION, PARDON AND PAROLE TO THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION, RESPECTIVELY; TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE SEPARATE SENTENCING PROCEEDING TO DETERMINE WHETHER A SENTENCE SHOULD BE DEATH OR LIFE IMPRISONMENT FOR A PERSON CONVICTED OF MURDER, SO AS TO REVISE THE TERMS OF IMPRISONMENT THAT MAY BE IMPOSED DURING THIS PROCEEDING; TO AMEND SECTION 16-3-625, RELATING TO RESISTING ARREST WITH A DEADLY WEAPON, SO AS TO REVISE THE AGE OF A PERSON WHO MAY BE CHARGED WITH THE CRIME, REVISE THE PENALTY, AND TO REVISE THE DEFINITION OF "DEADLY WEAPON"; TO AMEND SECTION 16-3-1180, AS AMENDED, RELATING TO THE COMPENSATION OF CRIME VICTIMS, SO AS TO REVISE THE MAXIMUM AWARD A CRIME VICTIM MAY RECEIVE; TO AMEND SECTION 16-3-1260, RELATING TO THE REIMBURSEMENT OF THE STATE BY A CONVICTED PERSON FOR PAYMENT FROM THE VICTIM'S COMPENSATION FUND, SO AS TO ELIMINATE THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS' RIGHT TO MAKE PAYMENT OF THE DEBT OR A PORTION OF THE DEBT A CONDITION OF PAROLE, TO SUBSTITUTE "STATE OFFICE OF VICTIM ASSISTANCE" FOR "VICTIM'S COMPENSATION FUND" AND TO SUBSTITUTE "SOUTH CAROLINA DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "SOUTH CAROLINA BOARD OF PAROLE AND COMMUNITY CORRECTIONS"; TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES", TO ALLOW THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION AND THE DEPARTMENT OF CORRECTIONS TO DISCLOSE BETWEEN THE TWO DEPARTMENTS INFORMATION PROVIDED TO VICTIMS AND WITNESSES, AND TO ELIMINATE RESTITUTION AS A CONDITION OF PAROLE; TO AMEND SECTION 16-3-1550, AS AMENDED, RELATING TO THE VICTIM IMPACT STATEMENT, SO AS TO SUBSTITUTE THE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR THE "PAROLE AND COMMUNITY CORRECTIONS BOARD"; TO AMEND SECTION 16-11-311, RELATING TO BURGLARY IN THE FIRST DEGREE, SO AS TO ELIMINATE PAROLE FOR THE COMMISSION OF THE CRIME; TO AMEND SECTION 17-25-45, RELATING TO A SOLICITOR'S DISCRETION TO INVOKE A LIFE SENTENCE UPON A PERSON CONVICTED THREE TIMES FOR CERTAIN CRIMES, SO AS TO REDUCE THE NUMBER OF PRIOR CONVICTIONS TO TWO BEFORE A LIFE SENTENCE MAY BE IMPOSED, EXCEPT FOR A CRIME FOR WHICH A SENTENCE OF DEATH HAS BEEN IMPOSED, TO DEFINE "LIFE IMPRISONMENT", AND REQUIRE THE SOLICITOR TO GIVE WRITTEN NOTICE OF HIS DECISIONS TO INVOKE SENTENCING UNDER THIS PROVISION BEFORE TRIAL; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO A PRISONER'S PLACE OF CONFINEMENT, SO AS TO SUBSTITUTE "STATE CORRECTIONAL FACILITY" FOR "STATE PENITENTIARY"; TO ALLOW AN INMATE'S SENTENCE TO RUN CONCURRENTLY WITH A SENTENCE RENDERED IN ANOTHER STATE OR A SENTENCE RENDERED ON THE FEDERAL LEVEL, TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO NOTIFY THE SOLICITOR, SHERIFF, JUDGE, AND REGISTERED VICTIMS BEFORE RELEASING INMATES ON WORK RELEASE, TO ALLOW THE DEPARTMENT TO DENY WORK RELEASE BASED ON OPINIONS RECEIVED FROM THESE INDIVIDUALS, AND TO ALLOW INMATES TO PARTICIPATE IN THE DEPARTMENT OF CORRECTIONS RESTITUTION PROGRAM; TO AMEND SECTION 24-3-410, AS AMENDED, RELATING TO THE SALE OF PRISON-MADE PRODUCTS, SO AS TO ADD THE TERM "COMMUNITY SUPERVISION"; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO REDUCTION OF A SENTENCE FOR GOOD BEHAVIOR, SO AS TO MODIFY THE PROCEDURE FOR COMPUTING GOOD BEHAVIOR CREDITS, TO ELIMINATE AN INMATE'S ABILITY TO HAVE SERVED A FULL SENTENCE WHEN HE HAS SERVED THE TERM FOR WHICH HE WAS SENTENCED, LESS CREDIT FOR GOOD BEHAVIOR, AND TO PROVIDE THAT CREDITS EARNED UNDER THIS SECTION MAY NOT BE APPLIED TO PREVENT FULL PARTICIPATION IN A COMMUNITY SUPERVISION PROGRAM; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO REDUCTION OF A SENTENCE FOR PARTICIPATION IN AN ACADEMIC, TECHNICAL, OR VOCATIONAL TRAINING PROGRAM, SO AS TO MODIFY THE PROCEDURE FOR COMPUTING ACADEMIC AND WORK CREDITS, TO REDUCE THE MAXIMUM ANNUAL CREDIT FOR BOTH WORK CREDIT AND ACADEMIC CREDIT, TO NOT ALLOW A REDUCTION IN SENTENCE BELOW CERTAIN MINIMUMS, AND TO PROVIDE NO CREDIT EARNED UNDER THIS SECTION MAY BE APPLIED TO PREVENT FULL PARTICIPATION IN A COMMUNITY SUPERVISION PROGRAM; TO AMEND SECTION 24-13-1320, AS AMENDED, RELATING TO THE SHOCK INCARCERATION SELECTION COMMITTEE, SO AS TO SUBSTITUTE "DIRECTOR" FOR "COMMISSIONER" AND SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES"; AND TO AMEND SECTION 24-13-1330, AS AMENDED, RELATING TO AN INMATE'S PARTICIPATION IN THE SHOCK INCARCERATION PROGRAM, SO AS TO MODIFY THE PROCEDURE AN INMATE IS CONSIDERED FOR PARTICIPATION IN THE SHOCK INCARCERATION PROGRAM, TO SUBSTITUTE "DIRECTOR" FOR "COMMISSIONER", TO ELIMINATE PAROLE FOR INMATES WHO COMPLETE THE SHOCK INCARCERATION PROGRAM, BUT REQUIRE THEM TO BE RELEASED TO COMMUNITY SUPERVISION AND TO PAY RESTITUTION IF APPLICABLE; TO AMEND SECTION 24-13-1520, AS AMENDED, RELATING TO DEFINITIONS UNDER "HOME DETENTION ACT", SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SERVICES" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES"; TO AMEND SECTION 24-13-1590, AS AMENDED, RELATING TO THE PROVISION THAT PROBATION AND PAROLE AUTHORITY IS NOT DIMINISHED BY ANY PROVISION OF THE "HOME DETENTION ACT", SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES", AND TO NOT DIMINISH THE AUTHORITY OF THE COURTS, THE DEPARTMENT OF JUVENILE JUSTICE, OR THE DEPARTMENT OF PROBATION AND COMMUNITY SERVICES TO REGULATE OR IMPOSE CONDITIONS ON COMMUNITY SUPERVISION; TO AMEND SECTION 24-19-160, AS AMENDED, RELATING TO THE PROVISIONS THAT THE COURTS' POWERS AND THE JURISDICTION OF THE PROBATION, PAROLE, AND PARDON BOARD ARE NOT AFFECTED BY THE DEPARTMENT OF CORRECTION'S TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SERVICES" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES" AND TO ELIMINATE THE PROVISION THAT MAKES FOR PAROLE PURPOSES A SENTENCE PURSUANT TO SECTION 24-19-5, SIX YEARS; TO AMEND SECTION 24-21-10, AS AMENDED, RELATING TO THE STRUCTURE OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES AND THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES" AND SUBSTITUTE "BOARD OF PARDONS" FOR "BOARD OF PROBATION, PAROLE, AND PARDON SERVICES"; TO AMEND SECTION 24-21-13, AS AMENDED, RELATING TO THE DUTIES OF THE DIRECTOR AND BOARD OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO REQUIRE THE DIRECTOR TO DEVELOP POLICIES AND PROCEDURE TO PLACE AND SUPERVISE OFFENDERS ON COMMUNITY SUPERVISION, TO DEFINE COMMUNITY SUPERVISION AND AN INMATE'S RIGHT TO BE PLACED IN THIS PROGRAM, AND TO LIMIT THE CASES THE BOARD MUST CONSIDER; TO AMEND SECTION 24-21-30, RELATING TO THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES MEETINGS, SO AS TO ELIMINATE GRANTING PAROLE TO INMATES WHO COMMIT A CRIME AFTER JUNE 30, 1996, AND TO MODIFY THE PROCEDURE FOR GRANTING PAROLES; TO AMEND SECTION 24-21-50, RELATING TO HEARINGS, ARGUMENTS, AND APPEARANCES BEFORE THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO LIMIT THE BOARD TO CONSIDER ONLY HEARINGS FOR PAROLE OR PARDONS AND NOT TO ALLOW AN INMATE THE RIGHT TO CONFRONTATION DURING THESE HEARINGS; TO AMEND SECTION 24-21-60, AS AMENDED, RELATING TO PUBLIC AGENCY AND OFFICIALS COOPERATING WITH THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO ELIMINATE THE DIRECTOR OF THE BOARD'S ABILITY TO CONDUCT SURVEYS OF CORRECTIONAL FACILITIES; TO AMEND SECTION 24-21-80, AS AMENDED, RELATING TO SUPERVISION FEES PAID BY PROBATIONERS AND PAROLEES, SO AS TO INCLUDE COMMUNITY SUPERVISION IN THE PROGRAMS COVERED BY SUPERVISION FEES, TO GRANT THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION THE AUTHORITY TO DETERMINE SUPERVISION FEES, TO MAKE PAYMENT OF A SUPERVISION FEE A CONDITION OF PROBATION, PAROLE, OR COMMUNITY SUPERVISION, TO SUBSTITUTE "DEPARTMENT" FOR "BOARD" AND "COMMUNITY SUPERVISION PROGRAM" FOR "SUPERVISED FURLOUGH PROGRAM", AND TO REVISE THE CONDITIONS FOR WHICH A PERSON MAY BE EXEMPTED FROM PAYING SUPERVISION FEES; TO AMEND SECTION 24-21-220, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO INCLUDE COMMUNITY SUPERVISION AMONG THE PROGRAMS HE MUST EMPLOY STAFF TO CARRY OUT HIS DUTIES; TO AMEND SECTION 24-21-230, AS AMENDED, RELATING TO THE EMPLOYMENT AND TRAINING AND EXAMINING OF PROBATION AGENTS AND CLERICAL ASSISTANTS, SO AS TO FURTHER PROVIDE FOR THE TRAINING AND EXAMINATION OF CERTAIN AGENTS; TO AMEND SECTION 24-21-280, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO REQUIRE PROBATION AGENTS TO PROVIDE PERSONS RELEASED ON PAROLE OR COMMUNITY SUPERVISION A WRITTEN STATEMENT OF THE TERMS OF THEIR RELEASE AND MAINTAIN CONTACT WITH AND ENCOURAGE THOSE IN COMMUNITY SUPERVISION TO IMPROVE THEIR CONDUCT AND CONDITION, AND TO MAKE PROBATION AGENTS OFFICIAL REPRESENTATIVES OF THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION AND THE BOARD OF PARDONS; TO AMEND SECTION 24-21-300, RELATING TO THE ISSUING OF A CITATION AND AFFIDAVIT THAT A PERSON RELEASED PURSUANT TO THE PRISON OVERCROWDING ACT IS IN VIOLATION OF HIS TERMS OF RELEASE, SO AS TO ALLOW PROBATION AGENTS TO ISSUE CITATIONS AND AFFIDAVITS TO COMMUNITY SUPERVISION RELEASEES, TO SUBSTITUTE "OFFENDER MANAGEMENT SYSTEMS ACT" FOR "PRISON OVERCROWDING POWERS ACT", AND TO ALLOW A CERTIFICATE OF SERVICE TO BE SUFFICIENT PROOF OF SERVICE THAT A CITATION HAS BEEN SERVED; TO AMEND SECTION 24-21-910, RELATING TO THE DUTY OF THE PROBATION, PAROLE, AND PARDON SERVICES BOARD WITH RESPECT TO REPRIEVES OR COMMUTATION OF DEATH SENTENCES, SO AS TO SUBSTITUTE "BOARD OF PARDONS" FOR "PROBATION, PAROLE, AND PARDON SERVICES BOARD"; TO AMEND SECTION 24-21-950, RELATING TO GUIDELINES FOR DETERMINING ELIGIBILITY FOR PARDONS, SO AS TO ALLOW A CRIME VICTIM OR A MEMBER OF A CONVICTED PERSON'S FAMILY TO PETITION FOR A PARDON FOR A PERSON WHO HAS COMPLETED COMMUNITY SUPERVISION OR HAS BEEN DISCHARGED FROM A SENTENCE AND TO ALLOW PERSONS DISCHARGED FROM A SENTENCE WITHOUT BENEFIT OF SUPERVISION BE CONSIDERED FOR A PARDON UPON THE REQUEST OF THE INDIVIDUAL ANYTIME AFTER DISCHARGE; TO AMEND SECTION 24-23-20, RELATING TO THE CASE CLASSIFICATION SYSTEM, SO AS TO MAKE TECHNICAL REVISIONS; TO AMEND SECTION 24-23-30, RELATING TO THE COMMUNITY CORRECTIONS PLAN, SO AS TO SUBSTITUTE "SUPERVISED PRISONERS" FOR "PAROLEES", TO INCLUDE COMMUNITY SUPERVISION PROGRAMS IN THE COMMUNITY CORRECTIONS PLAN, SUBSTITUTE "STATE PROBATION AGENTS" FOR "STATE PROBATION AND PAROLE AGENTS", AND TO SUBSTITUTE "COMMUNITY SUPERVISION" FOR "PAROLE"; TO AMEND SECTION 24-23-40, AS AMENDED, RELATING TO THE DEVELOPMENT OF A COMMUNITY CORRECTIONS PLAN, SO AS TO INCLUDE COMMUNITY SUPERVISION RELEASEES AMONG INDIVIDUALS OBTAINING TREATMENT UNDER THE PLAN AND TO ELIMINATE THE CONDUCT OF RESEARCH AND SPECIAL STUDIES ON THE ISSUE OF PAROLE OUTCOMES BY THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES; TO AMEND SECTION 24-23-115, AS AMENDED, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES"; TO AMEND SECTION 24-23-130, AS AMENDED, RELATING TO THE TERMINATION OF SUPERVISION OF A PROBATIONER UPON RECOMMENDATION OF THE RESPONSIBLE COUNTY PROBATION OFFICE, SO AS TO ELIMINATE THE TWO-YEAR PERIOD A PROBATIONER OR SUPERVISED PRISONER MUST WAIT AFTER SATISFACTORILY COMPLETING THE CONDITIONS OF HIS PROBATION OR COMMUNITY SUPERVISION TO BECOME ELIGIBLE FOR TERMINATION OF SUPERVISION; TO AMEND SECTION 24-23-220, AS AMENDED, RELATING TO THE PAYMENT OF ASSESSMENTS AS A CONDITION OF PROBATION AND SUPERVISION FROM RELEASE FROM PRISON, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES", AND TO SUBSTITUTE "TREASURER" FOR "TREASURY"; TO REPEAL SECTION 24-1-200, RELATING TO THE DIRECTOR OF THE DEPARTMENT OF CORRECTION'S ABILITY TO INQUIRE INTO INMATE'S SENTENCES, THE CONDITIONS UNDER WHICH INMATES ARE CONFINED AND RECOMMENDATIONS FOR CLEMENCY; SECTION 24-13-60, RELATING TO THE REQUIREMENT THAT CLERKS OF COURT MUST NOTIFY THE DEPARTMENT OF CORRECTIONS OF THE NUMBER OF PERSONS CONVICTED EACH TERM; SECTION 24-13-270, RELATING TO THE PREMATURE RELEASE OF PRISONERS; SECTION 24-13-610, RELATING TO THE EXTENDED WORK RELEASE PROGRAM; SECTION 24-13-620, RELATING TO THE REQUIREMENTS OF EXTENDED WORK RELEASE PROGRAM PARTICIPANTS; SECTION 24-13-630, RELATING TO THE DUTIES OF THE DEPARTMENT OF CORRECTIONS REGARDING THE EXTENDED WORK RELEASE PROGRAM; SECTION 24-13-710, RELATING TO THE IMPLEMENTATION OF GUIDELINES AND ELIGIBILITY CRITERIA FOR THE SUPERVISED FURLOUGH PROGRAM; AND SECTION 24-13-720, RELATING TO INMATES WHO MAY BE PLACED IN A SUPERVISED FURLOUGH PROGRAM; TO DIRECT THE CODE COMMISSIONER TO MAKE APPROPRIATE REVISIONS TO THE CODE; AND TO SAVE PENDING MATTERS.

Rep. KOON moved that the House recur to the morning hour, which was agreed to.

The following Bills and Joint Resolution were introduced, read the first time, and refered to appropriate committee.

H. 3338 -- Reps. Jennings, Cobb-Hunter, Kennedy and Neal: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1315 SO AS TO PROVIDE THAT A CANDIDATE MAY NOT, DIRECTLY OR INDIRECTLY, GIVE, OFFER, OR PROMISE ANYTHING OF VALUE TO AN ELECTION OFFICIAL AND TO PROVIDE THAT AN ELECTION OFFICIAL MAY NOT, DIRECTLY OR INDIRECTLY, ASK, DEMAND, EXACT, SOLICIT, SEEK, ACCEPT, RECEIVE OR AGREE TO RECEIVE ANYTHING OF VALUE FROM A CANDIDATE; TO AMEND SECTIONS 7-25-50 AND 7-25-60, BOTH AS AMENDED, RELATING TO BRIBERY AT ELECTIONS, SO AS TO INCREASE THE PENALTIES; TO AMEND SECTION 8-13-1300, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL" AND TO AMEND THE DEFINITION OF "TRANSFER" TO INCLUDE TRANSFERS BETWEEN A CANDIDATE AND AN ELECTION OFFICIAL; AND TO AMEND SECTION 8-13-1348, AS AMENDED, RELATING TO THE USE OF CAMPAIGN FUNDS, SO AS TO ESTABLISH A PROCEDURE BY WHICH A CAMPAIGN RELATED PAYMENT MUST BE MADE BY CHECK, REQUIRE THE EXPENDITURE OF THESE FUNDS TO BE DOCUMENTED WHEN PAID TO AN INDIVIDUAL RECIPIENT, REQUIRE THE DOCUMENTATION BE MAINTAINED AND INCLUDED IN CAMPAIGN REPORTS, AND PROVIDE THAT A CANDIDATE IS DEEMED TO HAVE VIOLATED SECTIONS 7-25-50 AND 7-25-60 IF HE DOES NOT COMPLY WITH THE PROVISIONS OF THIS SECTION, PROVIDE THAT NO PERSON MAY BE REIMBURSED FOR TRANSPORTATION SERVICES IN AN AMOUNT WHICH WOULD EXCEED THE MILEAGE ALLOWED BY LAW FOR MEMBERS OF STATE BOARDS, COMMISSIONS, AND COMMITTEES, AND THE AMOUNT PAID MAY NOT EXCEED THE AMOUNT PAID TO OFFICIAL POLL MANAGERS BY THE STATE ELECTION COMMISSION PURSUANT TO THE PROVISIONS OF SECTION 7-23-10.

Referred to Committee on Judiciary.

H. 3339 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1538 SO AS TO REQUIRE DRIVERS OF MOTOR VEHICLES TRAVELING THROUGH AN EMERGENCY SCENE TO USE CAUTION AND DRIVE AT A REASONABLE SPEED, PROVIDE PENALTIES, AND PROVIDE EMERGENCY WORKERS CONTROL OVER THE EMERGENCY SCENE.

Referred to Committee on Judiciary.

H. 3340 -- Reps. Seithel, Hallman and Fulmer: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 2 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT HOUSE MEMBERS MAY SERVE ONLY FOUR COMPLETE TWO-YEAR TERMS AND TO PROVIDE THAT HOUSE MEMBERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW WHO HAVE SERVED AT LEAST FOUR TWO-YEAR TERMS MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING AFTER WHICH THEY ARE BARRED FROM FURTHER SERVICE; AND PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 6 OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT SENATORS MAY SERVE ONLY TWO COMPLETE FOUR-YEAR TERMS, TO PROVIDE THAT SENATORS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW WHO HAVE SERVED AT LEAST TWO FOUR-YEAR TERMS MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING AFTER WHICH THEY ARE BARRED FROM FURTHER SERVICE, AND TO REVISE CERTAIN OBSOLETE REFERENCES.

Referred to Committee on Judiciary.

The following was introduced:

H. 3341 -- Reps. Fulmer, Hallman and Seithel: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PROPOSE AN AMENDMENT TO ARTICLE V OF THE UNITED STATES CONSTITUTION THAT WILL ENABLE THREE-FOURTHS OF THE STATES TO AMEND THE CONSTITUTION SUBJECT TO CONGRESSIONAL VETO.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

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

At 10:50 A.M. the House in accordance with the motion of Rep. KEEGAN adjourned in memory of John M. Gleason of Charleston, to meet at 10:00 A.M. tomorrow.

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