HOUSE JOURNAL for Feb. 9, 1995 - South Carolina Legislature Online

South Carolina General Assembly
111th Session, 1995-1996
Journal of the House of Representatives

THURSDAY, FEBRUARY 9, 1995

Thursday, February 9, 1995
(Statewide Session)

~~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:

O God, in Whom we trust and by Whose care we have brought to this hour, bless the Members of this House of Representatives, its clerks, attaches, pages and all others connected with its important work. Give them good health to do their tasks, prudent judgement for the decisions to be made, wisdom beyond their own, and clear understanding for the opportunities at hand. Teach us to love fair play, honest dealings, straight talk, and a greater trust in God.

Reveal Your presence to us all, and grant us Your peace. 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.

MOTION ADOPTED

Rep. CAIN moved that when the House adjourns, it adjourn in memory of Howard Pettit of Walhalla, which was agreed to.

INVITATION

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

February 7, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

The South Carolina Department of Archives and History extends an invitation to you, your colleagues and staff in the House of Representatives, Members of the Senate and their staff to join us for coffee and refreshments during our 1995 Legislative Day.

The reception is scheduled for Wednesday, February 22, 8:30 A.M. until 10:00 A.M. in Room 208 of the Blatt Building. Refreshments will be provided, courtesy of the South Carolina Archives and History Foundation.

We will have some historic "gems" from the archives' collection for our guests to look at, as well as updates on our progress toward the new South Carolina History Center.

We hope you will add our event to the House Calendar, and plan to join us for an informal morning to hear about plans for the future of the Department of Archives and History.

Sincerely,
George Vogt
Director

REPORT OF STANDING COMMITTEE

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

H. 3206 -- Reps. P. Harris, Waldrop, Neilson, Baxley, J. Brown, Inabinett, Kelley, Rhoad, Shissias, Wilkes and Chamblee: A JOINT RESOLUTION TO DIRECT THE DIVISION ON AGING, OFFICE OF THE GOVERNOR, TO PROVIDE INFORMATION TO MEMBERS OF THE GENERAL ASSEMBLY ON THE WHITE HOUSE CONFERENCE ON AGING AND THE STATE CONFERENCE ON AGING, BOTH TO BE HELD IN 1995, AND TO PROVIDE THE MEMBERS RECOMMENDATIONS FROM THESE CONFERENCES FOR THE MEMBERS' USE IN DEVELOPING AGING POLICY AND LEGISLATION.

Ordered for consideration tomorrow.

ROLL CALL

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

Anderson               Askins                 Bailey
Baxley                 Beatty                 Boan
Breeland               Brown, G.              Brown, J.
Brown, T.              Byrd                   Cain
Carnell                Cato                   Cave
Chamblee               Clyburn                Cooper
Cromer                 Dantzler               Davenport
Easterday              Elliott                Fair
Felder                 Fleming                Fulmer
Gamble                 Govan                  Hallman
Harris, J.             Harrison               Haskins
Herdklotz              Hines                  Howard
Huff                   Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Keyserling             Kinon                  Kirsh
Klauber                Knotts                 Koon
Lanford                Law                    Limbaugh
Limehouse              Lloyd                  Marchbanks
Martin                 Mason                  McAbee
McCraw                 McElveen               McKay
McMahand               McTeer                 Meacham
Moody-Lawrence         Neal                   Neilson
Phillips               Rhoad                  Rice
Richardson             Riser                  Robinson
Sandifer               Seithel                Sharpe
Sheheen                Simrill                Smith, D.
Smith, R.              Stille                 Stoddard
Stuart                 Trotter                Tucker
Vaughn                 Waldrop                Whatley
Whipper, L.            Whipper, S.            Wilder
Wilkes                 Wilkins                Williams
Witherspoon            Wofford                Worley
Wright                 Young, A.              Young, J.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, February 9.

Molly M. Spearman                 Michael F. Jaskwhich
Patrick B. Harris                 F.G. Delleney, Jr.
Juanita M. White                  Carole C. Wells
Paula H. Thomas                   Heyward G. Hutson
Merita A. Allison                 William F. Cotty
Lanny F. Littlejohn               Henry E. Brown, Jr.
B. Hicks Harwell                  Gilda Cobb-Hunter
Ronald P. Townsend                Robert E. Walker
Timothy F. Rogers                 Robert W. Harrell, Jr.
June S. Shissias                  Ralph W. Canty
C. Alex Harvin, III               Dan L. Tripp
Richard M. Quinn, Jr.

Total Present--122

RECORD FOR JOURNAL

I was delayed due to a subcommittee meeting.

Rep. CAROLE C. WELLS

LEAVE OF THE HOUSE GRANTED

The SPEAKER granted Reps. BEATTY, THOMAS and DELLENEY a leave of the House due to the Joint Judicial Screening Committee hearings.

PRESENTATION

Rep. MARCHBANKS, on behalf of the Pickens County Delegation, presented to the House Dr. Constantine W. Curris, President Designate of Clemson University, and his wife.

SENT TO THE SENATE

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

H. 3505 -- Education and Public Works Committee: A BILL TO REPEAL ARTICLE 37, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OF VEHICLES.

H. 3506 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DISTRICT AND SCHOOL COMPREHENSIVE PLANNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1712, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3507 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CRITERIA FOR THE PROMOTION OF STUDENTS TO THE NEXT HIGHER GRADE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1741, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3508 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1742, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3509 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM - WRITING TEST: MINIMUM STANDARDS OF STUDENT ACHIEVEMENT; SCORING CRITERIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1753, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3510 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, GRADES 9-12, PROVISIONS FOR GRANTING HIGH SCHOOL CREDIT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1754, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3511 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COASTAL CAROLINA UNIVERSITY, RELATING TO PARKING AND TRAFFIC ON THE CAMPUS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1794, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3509--RECORD FOR JOURNAL

Please record in the Journal my opposition to H. 3509. My opposition is based in part on my desire to be consistent in my opposition to the State Department of Education's attempt to shift the testing of our children from objective standards to subject measures.

Rep. MICHAEL L. FAIR

H. 3510--RECORD FOR JOURNAL

Please record in the Journal my opposition to H. 3510. My opposition is based in part on my desire to be consistent in my opposition to the State Department of Education's attempt to shift the testing of our children from objective standards to subject measures.

Rep. MICHAEL L. FAIR

H. 3512--DEBATE ADJOURNED

Rep. JASKWHICH moved to adjourn debate upon the following Joint Resolution until Wednesday, March 15, which was adopted.

H. 3512 -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO THE REPEAL OF PARENT-ORIENTED EDUCATION PROGRAMS AND THE PROMULGATION OF PARENT/FAMILY LITERACY PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1713, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3517--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Tuesday, February 14, which was adopted.

H. 3517 -- Rep. Hodges: A BILL TO AMEND SECTIONS 14-1-206 AND 14-1-209, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENTS TO BE IMPOSED IN CRIMINAL CASES IN CERTAIN COURTS, SO AS TO EXCLUDE THE FAMILY COURT; TO AMEND SECTION 16-19-10, RELATING TO THE UNLAWFUL SETTING UP OF LOTTERIES, SO AS TO FURTHER PROVIDE FOR THE PENALTIES TO BE IMPOSED AND FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 17-15-260, RELATING TO THE DISPOSITION OF CERTAIN BAIL AND RECOGNIZANCES, SO AS TO PROVIDE FOR THE MANNER IN WHICH FUNDS TO BE DEPOSITED IN THE STATE GENERAL FUND MUST BE TRANSMITTED TO THE STATE TREASURER; TO AMEND SECTION 23-31-190, AS AMENDED, RELATING TO THE PENALTIES FOR PISTOL OR FIREARM VIOLATIONS, SO AS TO FURTHER PROVIDE FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 56-5-6540, RELATING TO THE PENALTIES FOR SAFETY BELT VIOLATIONS, SO AS TO DELETE THE PROHIBITION AGAINST COURT COSTS BEING ASSESSED AGAINST THE PERSON CONVICTED; AND TO REPEAL SECTION 24-23-220, RELATING TO THE PAYMENT AND DISTRIBUTION OF CERTAIN ASSESSMENTS AND RESTITUTION CHARGES AND SECTION 47-1-160 RELATING TO THE DISPOSITION OF FINES FOR CRUELTY TO ANIMAL VIOLATIONS.

H. 3061--POINT OF ORDER

The following Bill was taken up.

H. 3061 -- Reps. Vaughn, Cato, Witherspoon, Simrill, Walker, Allison, Meacham, Elliott, Moody-Lawrence, Baxley, Lloyd and Richardson: A BILL TO AMEND SECTION 51-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF STATE PARK FACILITIES FREE OF CHARGE BY AGED, BLIND, AND DISABLED PERSONS SO AS TO PROVIDE THAT THE FREE USE OF FACILITIES INCLUDES NO ADMISSION CHARGES.

Rep. SHARPE explained the Bill.

POINT OF ORDER

Rep. McTEER 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.

ORDERED TO THIRD READING

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

H. 3073 -- Reps. Kirsh and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-19-25 SO AS TO PROVIDE FOR VOLUNTARY INSPECTION OF CERTAIN BIRDS BY THE LIVESTOCK-POULTRY HEALTH COMMISSION.

Rep. RISER explained the Bill.

H. 3033 -- Reps. Simrill, Haskins, Cromer, Walker, Vaughn, D. Smith, Meacham, Moody-Lawrence, Sandifer, Rice, Cain, Mason, Lloyd and Clyburn: A BILL TO AMEND SECTIONS 7-15-320 AND 7-15-340, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO LOWER FROM SEVENTY-TWO TO SIXTY-FIVE THE AGE OF A PERSON WHO QUALIFIES TO VOTE BY ABSENTEE BALLOT.

Rep. CROMER explained the Bill.

H. 3268 -- Reps. Richardson, Vaughn, Harvin, Bailey, Cotty, Limbaugh, Chamblee, Wofford, A. Young, Shissias, Stuart, Lloyd, Sandifer, Thomas, Witherspoon, Wells, Keyserling, Walker and Harrison: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO INCLUDE THE MURDER OF A WITNESS OR POTENTIAL WITNESS IN A CRIMINAL TRIAL TO DETER PROSECUTION AS AN AGGRAVATING CIRCUMSTANCE IN CONSIDERATION OF IMPOSING THE DEATH PENALTY.

Rep. MARTIN explained the Bill.

H. 3073--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. RISER, with unanimous consent, it was ordered that H. 3073 be read the third time tomorrow.

H. 3033--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SIMRILL, with unanimous consent, it was ordered that H. 3033 be read the third time tomorrow.

H. 3268--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. MARTIN, with unanimous consent, it was ordered that H. 3268 be read the third time tomorrow.

S. 414--POINT OF ORDER

The following Joint Resolution was taken up.

S. 414 -- Senator Peeler: A JOINT RESOLUTION EXTENDING THE EXPIRATION DATE FOR MOTOR CARRIER REGISTRATION CARDS AND IDENTIFICATION MARKERS FROM MARCH 31, 1995 TO DECEMBER 31, 1995 AS SPECIFIED IN SECTION 12-31-260 OF THE 1976 CODE AND SUSPENDING THE PENALTY FOR THE OPERATION OF A MOTOR CARRIER OR VEHICLE WHICH HAS A FADED, EXPIRED, OR MISSING MARKER DURING THIS PERIOD.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

H. 3020--POINT OF ORDER

The following Bill was taken up.

H. 3020 -- Reps. Vaughn, Meacham and Wells: A BILL TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THREATENING A PUBLIC OR SCHOOL OFFICIAL, SO AS TO PROVIDE THAT THE THREAT MUST BE A RESULT OF THE DUTIES OR BUSINESS OF THE OFFICIAL AND NOT A RESULT OF ANY PRIVATE OR PERSONAL BUSINESS.

POINT OF ORDER

Rep. TUCKER 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.

H. 3026--POINT OF ORDER

The following Bill was taken up.

H. 3026 -- Reps. Meacham, Cato, Marchbanks, Simrill, Cromer, Vaughn, Law, Keyserling, Elliott, Stille, Moody-Lawrence, Kelley, Richardson, Gamble, Walker, Phillips, Sandifer, Spearman and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-245 SO AS TO PROVIDE THAT A MEMBER OF A STATE BOARD, COUNCIL, COMMISSION, OR COMMITTEE WHO HAS THREE CONSECUTIVE UNEXCUSED ABSENCES FROM MEETINGS IS CONSIDERED REMOVED FROM OFFICE AND A VACANCY IS CREATED AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO EX OFFICIO MEMBERS OR THEIR DESIGNEES.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\18139AC.95).

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

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

"Section 1-3-245. (A) A member of a state board or commission who has three consecutive unexcused absences from regularly scheduled meetings held by the particular board or commission is considered removed from the board or commission and a vacancy is created. The chair of the board or commission immediately shall notify the Governor or appropriate appointment authority of the member's three consecutive unexcused absences and of the resulting vacancy. An unexcused absence must be defined by each respective board or commission in rules governing its own operation.

(B) This section does not apply to an ex officio member of a state board or commission or to a designee of an ex officio member."

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

Renumber sections to conform.

Amend title to conform.

Rep. CROMER explained the amendment.

POINT OF ORDER

Rep. McELVEEN 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.

H. 3037--AMENDED AND POINT OF ORDER

The following Bill was taken up.

H. 3037 -- Reps. Kirsh, Simrill, Meacham, S. Whipper, Stille, Walker, Sandifer, Cain, Whatley, Shissias, Riser and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2947 SO AS TO PROVIDE THAT WHEN A PERSON COMMITS CERTAIN DRUG AND ALCOHOL-RELATED MOTOR VEHICLE OFFENSES AND A MINOR WAS A PASSENGER IN THE VEHICLE AT THE TIME OF THE OFFENSE, THE PERSON IS GUILTY OF THE OFFENSE OF CHILD ENDANGERMENT AND MUST BE PENALIZED BY A MANDATORY FINE OR IMPRISONMENT NOT LESS THAN ONE-HALF OF THE MAXIMUM FINE OR IMPRISONMENT GIVEN FOR THE ORIGINAL OFFENSE, AND TO PROVIDE THAT A PERSON MAY BE CONVICTED OF CHILD ENDANGERMENT IN ADDITION TO THE OTHER OFFENSES.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3674CM.95), which was adopted.

Amend the bill, as and if amended, by striking Section 56-5-2947 as contained in SECTION 1 and inserting:

/Section 56-5-2947. (A) A person eighteen years of age or over is guilty of child endangerment when:

(1) the person is in violation of:

(a) Section 56-5-2930; or

(b) Section 56-5-2945; and

(2) a person under sixteen years of age was a passenger in the motor vehicle when the violation occurred.

(B) Upon conviction the person must be punished by:

(1) a fine of not more than one-half of the maximum fine allowed for committing the violation enumerated in subsection(A)(1), when the person is fined for that offense;

(2) a term of imprisonment of not more than one-half of the maximum term of imprisonment allowed for committing the violation enumerated in subsection (A)(1), when the person is imprisoned for the offense; or

(3) both a fine and imprisonment as prescribed in items (1) and (2) when the person is fined and imprisoned for the offense.

(C) No portion of the penalty assessed under subsection (B) may be suspended or revoked and probation may not be awarded.

(D) In addition to imposing the penalties for offenses enumerated in subsection (A)(1) and the penalties contained in subsection (B), the department must suspend the person's driver's license for sixty days. Sections 56-1-1320 and 56-5-2990 as they relate to enrollment in an alcohol and drug safety action program and to the issuance of a provisional driver's license will not be effective until the sixty-day suspension period is completed.

(E) A person may be convicted under this section for child endangerment in addition to being convicted for an offense enumerated in subsection (A)(1).

(F) The court that has jurisdiction over an offense enumerated in subsection (A)(1) has jurisdiction over the offense of child endangerment./

Amend title to conform.

Rep. MARTIN explained the amendment.

The amendment was then adopted.

POINT OF ORDER

Rep. DAVENPORT 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.

H. 3271--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3271 -- Reps. Richardson, Vaughn, McKay, Harvin, Limbaugh, Lloyd, Bailey, Cain, Sandifer, Walker, Baxley, Chamblee, Wofford, A. Young, Shissias, Stuart, Dantzler, Thomas, Keyserling, Jennings, Wells, Tucker, Harrison and Spearman: A BILL TO AMEND SECTION 16-9-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF INTIMIDATING COURT OFFICIALS, JURORS, OR WITNESSES, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5383HTC.95), which was adopted.

Amend the bill, as and if amended, in SECTION 1, PAGE 1, by striking Section 16-9-340(B) and inserting:

/(B) A person who violates the provisions of subsection (A) is guilty of a felony and, upon conviction, must be fined not more than ~~two~~ five thousand dollars or imprisoned not more than five years, or both./

Amend title and sections to conform.

Rep. MARTIN explained the amendment.

The amendment was then adopted.

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

H. 3271--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. MARTIN, with unanimous consent, it was ordered that H. 3271 be read the third time tomorrow.

H. 3091--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3091 -- Reps. Cromer, Keyserling, Kirsh, Knotts and Shissias: A BILL TO AMEND SECTION 30-4-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS WHICH MAY BE CLOSED TO THE PUBLIC UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT THE MEETINGS OF A LEGISLATIVE CAUCUS MAY NOT BE CLOSED TO THE PUBLIC.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\1706DW.95), which was adopted.

Amend the bill, as and if amended, by adding the following appropriately numbered SECTIONS.

/SECTION _____. Section 2-17-10(11) of the 1976 Code is amended to read:

"(11) 'Legislative caucus' means:

(a) a committee of either house of the General Assembly, or a combination of both houses, controlled by the caucus of a political party or a caucus based upon racial or ethnic affinity, or gender;

(b) a party or group of either house of the General Assembly, or a combination of both houses, based upon racial or ethnic affinity, or gender. However, each house may establish only one committee for each racial-, ethnic-, or gender-based affinity."

SECTION _____. Section 30-4-70(a)(6) of the 1976 Code is amended to read:

"(6) Prior to going into executive session the public agency shall vote in public on the question and when ~~such~~ the vote is favorable the presiding officer shall announce the specific purpose of the executive session. No formal action may be taken in executive session. As used in this item 'formal action' means a recorded vote committing the body concerned to a specific course of action. No vote may be taken in executive session. The provisions of this section do not apply to a legislative caucus' organizational votes cast by secret ballot."

SECTION _____. Section 30-4-80(b) of the 1976 Code is amended to read:

"(b) Legislative committees must post their meeting times during weeks of the regular session of the General Assembly and must comply with the provisions for notice of special meetings during those weeks when the General Assembly is not in session. Subcommittees of standing legislative committees and legislative caucuses, as defined in Section 2-17-10(11), must give notice during weeks of the legislative session only if it is practicable to do so."/

Renumber sections to conform.

Amend title to conform.

Rep. JENNINGS explained the amendment.

The amendment was then adopted.

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

H. 3091--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. CROMER, with unanimous consent, it was ordered that H. 3091 be read the third time tomorrow.

H. 3118--RECOMMITTED

The following Bill was taken up.

H. 3118 -- Reps. Shissias, Simrill, Cromer, Elliott, Meacham and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-216 SO AS TO LIMIT THE TERMS OF MEMBERS OF STATE BOARDS AND COMMISSIONS APPOINTED BY THE GOVERNOR OR ELECTED BY THE GENERAL ASSEMBLY AND PROVIDE FOR EXCEPTIONS TO AND THE OPERATION OF THE PROVISIONS.

Rep. HARRISON moved to recommit the Bill to the Committee on Judiciary, which was agreed to.

H. 3338--INTERRUPTED DEBATE

The following Bill was taken up.

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.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\1705DW.95).

Amend the bill, as and if amended, Page 2, Line 11, by striking Section 8-13-1315(A) and inserting:

/(A) A candidate, committee, campaign worker, or political party official may not, directly or indirectly, give, transfer, offer, or promise anything of value to an election official in order to seek to affect the outcome of the election. 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, committee, campaign worker, or political party official which has been offered in order to seek to affect the outcome of the election./

Amend the bill further, Page 3, Line 35, in Section 8-13-1300(10)(B), by inserting after /appointed/ /where the election official has jurisdiction over any election in which the candidate, committee, campaign worker, or political party official is a candidate or seeks to affect the outcome of any election./

When amended, Section 8-13-1300(10)(B) shall read:

/(B) 'Election official' means a member or employee of a municipal, county, or state election commission, whether elected or appointed; a member or employee of a county voter registration board, whether elected or appointed; a member or employee of a combined election commission and voter registration board, whether elected or appointed; a member or employee of a municipal, county, or state party executive committee, whether elected or appointed; and a municipal, county, or state poll manager or poll worker, whether elected or appointed where the election official has jurisdiction over any election in which the candidate, committee, campaign worker, or political party official is a candidate or seeks to affect the outcome of any election/.

Amend the bill further, Page 3, by striking Lines 40 through 42, and Page 4, Lines 1 and 2 and inserting:

/(30) 'Transfer' means the movement or exchange of funds or anything of value between committees and candidates, or between a candidate, committee, campaign worker, or political party official and an election official, except the disposition of surplus funds or material assets by a candidate to a party committee, as provided in this article./

Amend the bill further, Page 4, by inserting immediately after Line 23:

/(2) Any campaign worker or other individual who shall receive a payment which is intended for further transfer to election-day workers or other ultimate payees shall make such further payments by check only payable to the ultimate payee, and the payment may not be made in currency, and such payments shall be documented as provided in subsection (4) below./

Amend the bill further, Page 4, Line 24, by striking /(2)/ and inserting /(3)/.

Amend the bill further, Page 4, Line 34, by striking /(3)/ and inserting /(4)/.

Amend the bill further, Page 4, by inserting immediately after Line 40 /(5)/:

/(5) Whenever any individual, partnership, association, or corporation provides to any candidate, campaign, or political party services, materials, facilities, or other things of value for which that individual, partnership, association, or corporation normally receives compensation and receives no compensation or compensation which is less than the fair market value of those services, materials, facilities, or other things of value, all such services, materials, facilities, or other things of value, with both their actual costs to the candidate, campaign, or political party and their fair market value must be documented. This documentation must be maintained and included in campaign reports. A candidate is deemed to have violated Section 7-25-50 and 7-25-60 (bribery at election) if he does not comply with the provisions of this section./

When amended, Section 8-13-1348(C) as contained in SECTION 5 shall read:

/(C)(1) An expenditure of more than twenty-five dollars must be made by a written instrument drawn upon the campaign account containing the name of the candidate or committee and the name of the recipient. Expenditures of twenty-five dollars or less that are not made by a written instrument containing the name of the candidate or committee and the name of the recipient must be accounted for by a written receipt or written record. Any payment to any individual which is related to efforts by or on behalf of a candidate, committee, public official, or political party in aid of or to promote the candidacy of an individual for nomination for election or for election to elective public office or the passage or defeat of a public question, or to efforts directly to promote or encourage the participation of voters in an election including, but not limited to, payments made to campaign workers and payments to other individuals which are intended for further transfer to election-day workers or other ultimate payees, must be made by check payable to the named individual, and the payment may not be made in currency.

(2) Any campaign worker or other individual who shall receive a payment which is intended for further transfer to election-day workers or other ultimate payees shall make such further payments by check only payable to the ultimate payee, and the payment may not be made in currency, and such payments shall be documented as provided in subsection (4) below.

(3) Any payment to a candidate, committee, public official, political party, or to any other person, association or group, by a candidate or committee or by any other person, association or group, which payment is related to efforts in aid of or to promote the candidacy of an individual for nomination for election or for election to elective public office or the passage or defeat of public questions, or to efforts directly to promote or encourage the participation of voters in an election must be made by check payable to the named committee, person, association, or group, and the payment may not be made in currency.

(4) When funds are paid to an individual recipient from a campaign account under the provisions of this subsection, all funds expended by this individual must be documented as to the specific goods and services obtained. This documentation must be maintained and included in campaign reports. A candidate is deemed to have violated Sections 7-25-50 and 7-25-60 (bribery at elections) if he does not comply with the provisions of this subsection.

(5) Whenever any individual, partnership, association, or corporation provides to any candidate, campaign, or political party services, materials, facilities, or other things of value for which that individual, partnership, association, or corporation normally receives compensation and receives no compensation or compensation which is less than the fair market value of those services, materials, facilities, or other things of value, all such services, materials, facilities, or other things of value, with both their actual costs to the candidate, campaign, or political party and their fair market value must be documented. This documentation must be maintained and included in campaign reports. A candidate is deemed to have violated Section 7-25-50 and 7-25-60 (bribery at election) if he does not comply with the provisions of this section./

Amend the bill further, Page 5, by striking Section 8-13-1348(D) and inserting:

/(D) (1) An expenditure may not be made that is clearly in excess of the fair market value of services, materials, facilities, or other things of value received in exchange.

(2) No candidate or duly authorized officer or committee may pay any person for transporting electors to polling places any amount other than reimbursement for actual costs and expenses of operating the vehicle, which amount may not exceed that mileage allowed by law for members of state boards and commissions.

(3) No candidate or duly authorized officer or committee may pay and no person may receive in payment for transporting electors to polling places any amount from any candidates or duly authorized officers or committees which payments alone or when aggregated for any election day would exceed the amount paid official poll managers by the State Election Commission pursuant to the provisions of Section 7-23-10, or fifty dollars, whichever is greater./

Renumber sections to conform.

Amend title to conform.

Rep. CROMER explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. CROMER having the floor.

S. 385--RECALLED FROM THE
COMMITTEE ON EDUCATION AND PUBLIC WORKS

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

S. 385 -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF AUGUST 19, 1994, MISSED BY THE STUDENTS OF SCHOOLS IN THE OCONEE COUNTY SCHOOL DISTRICT WHEN THESE SCHOOLS WERE CLOSED DUE TO WATER CONTAMINATION BROUGHT ABOUT BY HEAVY RAINS AND FLOODING OF THE WATER SUPPLY, AS DECLARED BY THE DEPARTMENT OF ENVIRONMENTAL CONTROL, IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 3158--SENT TO THE SENATE

The following Bill was taken up.

H. 3158 -- Reps. Quinn, Robinson and Harrell: A BILL TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS AND EMPLOYEES EXEMPT FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO EXEMPT EMPLOYEES OF THE OFFICE OF THE LIEUTENANT GOVERNOR, AND TO EXEMPT IN THE OFFICES OF OTHER STATEWIDE CONSTITUTIONAL OFFICE EMPLOYEES APPOINTED BY THE OFFICER AT OR ABOVE THE ORGANIZATIONAL LEVEL OF ASSISTANT DIRECTORS OF INDIVIDUAL PROGRAM COMPONENTS.

Rep. BAXLEY moved to adjourn debate upon the Bill.

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

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

SENT TO THE SENATE

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

H. 3083 -- Reps. Cromer, Baxley, Witherspoon, Vaughn, Riser, Allison, Meacham, Bailey, Haskins, Cato, Kirsh, Shissias, Stuart, Marchbanks, Gamble, Simrill, Cotty, Wilder, Stille, Walker, Tripp, Fulmer, Keyserling, Tucker, Knotts, Elliott, Wells, Fleming, Kelley, Richardson, Sandifer, Mason, Robinson and Whatley: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 7 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE SENATE AND HOUSE OF REPRESENTATIVES, AND TO ARTICLE VI, SECTION 1, RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.

RECURRENCE TO THE MORNING HOUR

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

INTRODUCTION OF BILLS

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

H. 3560 -- Reps. Cato and Shissias: A BILL TO REPEAL SECTIONS 34-3-380 THROUGH 34-3-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT CERTAIN BANKING INSTITUTIONS OF THIS STATE OR OTHER INSTITUTIONS ENGAGED IN THE BUSINESS OF LENDING MONEY AND RECEIVING DEPOSITS UNDER AUTHORITY GRANTED BY THE STATE MUST PUBLISH REPORTS OF CONDITION OR STATEMENTS OF ASSETS AND LIABILITIES IN NEWSPAPERS OF GENERAL CIRCULATION IN THE COUNTY WHERE THE INSTITUTION WAS ESTABLISHED AND MUST FORWARD COPIES THEREOF TO THE STATE BOARD OF FINANCIAL INSTITUTIONS.

Referred to Committee on Labor, Commerce and Industry.

H. 3561 -- Reps. Cato, A. Young, Chamblee, Sandifer, Wilkes, Hallman, Carnell, Vaughn, Sharpe, Richardson, Simrill, Rice, Fulmer, Davenport, Walker, Trotter, Cooper, Meacham, Wright, Herdklotz, Cain, Tripp, Robinson, Wells, Marchbanks, Littlejohn, Allison, Lanford and Fair: A BILL TO AMEND SECTION 42-9-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS OF WORKERS' COMPENSATION HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT WHEN AN EMPLOYEE HAS BEEN OUT OF WORK DUE TO A REPORTED WORK-RELATED INJURY OR OCCUPATIONAL DISEASE FOR EIGHT DAYS, AN EMPLOYER MAY START TEMPORARY TOTAL DISABILITY PAYMENTS IMMEDIATELY AND MAY CONTINUE SUCH PAYMENTS FOR UP TO ONE HUNDRED TWENTY DAYS WITHOUT WAIVER OF ANY GROUNDS FOR DENIAL OF A CLAIM AS MAY APPEAR FOLLOWING A GOOD FAITH INVESTIGATION, PROVIDE FOR THE TERMINATION OR SUSPENSION OF TEMPORARY DISABILITY COMPENSATION, AND PROVIDE FOR RELATED MATTERS.

Referred to Committee on Labor, Commerce and Industry.

H. 3562 -- Reps. Cato, A. Young, Hallman, Sandifer, Tripp, Sharpe, Carnell, Simrill, Fulmer, Davenport, Trotter, Walker, Herdklotz, Wright, Cooper, Richardson, Allison, Meacham, Cain, Rice, Robinson, Littlejohn, Riser, Vaughn, Wells, Marchbanks, Lanford and Fair: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE.

Referred to Committee on Labor, Commerce and Industry.

H. 3563 -- Reps. Cato, A. Young, Trotter, Sandifer, Allison, Sharpe, Carnell, Hallman, Simrill, Rice, Richardson, Herdklotz, Wright, Walker, Cooper, Cain, Meacham, Robinson, Littlejohn, Davenport, Vaughn, Tripp, Marchbanks, Wells, Chamblee, Lanford, Fair, D. Smith and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-9-45 SO AS TO PROVIDE THAT MENTAL ILLNESS RESULTING FROM WORK-RELATED STRESS IS NOT AN ACCIDENTAL INJURY ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT EXCEPT UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR RELATED MATTERS.

Referred to Committee on Labor, Commerce and Industry.

H. 3564 -- Reps. Cato, A. Young, Lanford, Hallman, Sandifer, Sharpe, Cain, Richardson, Simrill, Fulmer, Wright, Walker, Riser, Trotter, Tripp, Vaughn, Meacham, Cooper, Rice, Robinson, Littlejohn, Allison, Marchbanks, Wells, Fair, Carnell, Davenport and Herdklotz: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE; TO AMEND THE 1976 CODE BY ADDING SECTION 42-9-45 SO AS TO PROVIDE THAT MENTAL ILLNESS RESULTING FROM WORK-RELATED STRESS IS NOT AN ACCIDENTAL INJURY ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT EXCEPT UNDER CERTAIN CONDITIONS, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 42-9-260, AS AMENDED, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS OF WORKERS' COMPENSATION HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT WHEN AN EMPLOYEE HAS BEEN OUT OF WORK DUE TO A REPORTED WORK-RELATED INJURY OR OCCUPATIONAL DISEASE FOR EIGHT DAYS, AN EMPLOYER MAY START TEMPORARY TOTAL DISABILITY PAYMENTS IMMEDIATELY AND MAY CONTINUE SUCH PAYMENTS FOR UP TO ONE HUNDRED TWENTY DAYS WITHOUT WAIVER OF ANY GROUNDS FOR DENIAL OF A CLAIM AS MAY APPEAR FOLLOWING A GOOD FAITH INVESTIGATION, PROVIDE FOR THE TERMINATION OR SUSPENSION OF TEMPORARY DISABILITY COMPENSATION, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 42-1-40, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES" UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE THAT "AVERAGE WEEKLY WAGE" MUST BE CALCULATED BY TAKING THE TOTAL WAGES PAID FOR THE LAST FOUR QUARTERS IMMEDIATELY PRECEDING THE QUARTER IN WHICH THE INJURY OCCURRED AS REPORTED ON THE EMPLOYMENT SECURITY COMMISSION'S EMPLOYER CONTRIBUTION REPORTS DIVIDED BY FIFTY-TWO OR BY THE ACTUAL NUMBER OF WEEKS FOR WHICH WAGES WERE PAID, WHICHEVER IS LESS; TO AMEND SECTION 42-9-360, RELATING TO ASSIGNMENTS OF WORKERS' COMPENSATION AND EXEMPTIONS FROM THE CLAIMS OF CREDITORS AND TAXES, SO AS TO ADD PROVISIONS TO THE SECTION INCLUDING, AMONG OTHER THINGS, THE PROVISION THAT IT SHALL BE UNLAWFUL FOR AN AUTHORIZED HEALTH CARE PROVIDER TO ACTIVELY PURSUE COLLECTION PROCEDURES AGAINST A WORKERS' COMPENSATION CLAIMANT BEFORE THE FINAL ADJUDICATION OF THE CLAIMANT'S CLAIM; AND TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO THE WORKERS' COMPENSATION LAW AND EMPLOYERS' RECORDS AND REPORTS OF INJURIES, SO AS TO DELETE THE CURRENT PROVISIONS OF THE SECTION, AND PROVIDE, AMONG OTHER THINGS, THAT EVERY EMPLOYER SHALL KEEP A RECORD OF ALL INJURIES RECEIVED BY HIS EMPLOYEES IN THE COURSE OF THEIR EMPLOYMENT ON FORMS APPROVED BY THE WORKERS' COMPENSATION COMMISSION AND THAT CERTAIN INJURIES MUST BE REPORTED IN WRITING TO THE COMMISSION ACCORDING TO CERTAIN GUIDELINES.

Referred to Committee on Labor, Commerce and Industry.

H. 3565 -- Reps. Cato, A. Young, Sandifer, Herdklotz, Allison, Sharpe, Hallman, Richardson, Simrill, Wright, Fulmer, Walker, Riser, Trotter, Davenport, Tripp, Vaughn, Meacham, Cooper, Cain, Rice, Robinson, Littlejohn, Marchbanks, Wells and Fair: A BILL TO AMEND SECTION 42-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES" UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE THAT "AVERAGE WEEKLY WAGE" MUST BE CALCULATED BY TAKING THE TOTAL WAGES PAID FOR THE LAST FOUR QUARTERS IMMEDIATELY PRECEDING THE QUARTER IN WHICH THE INJURY OCCURRED AS REPORTED ON THE EMPLOYMENT SECURITY COMMISSION'S EMPLOYER CONTRIBUTION REPORTS DIVIDED BY FIFTY-TWO OR BY THE ACTUAL NUMBER OF WEEKS FOR WHICH WAGES WERE PAID, WHICHEVER IS LESS; TO AMEND SECTION 42-9-360, RELATING TO ASSIGNMENTS OF WORKERS' COMPENSATION AND EXEMPTIONS FROM THE CLAIMS OF CREDITORS AND TAXES, SO AS TO ADD PROVISIONS TO THE SECTION INCLUDING, AMONG OTHER THINGS, THE PROVISION THAT IT SHALL BE UNLAWFUL FOR AN AUTHORIZED HEALTH CARE PROVIDER TO ACTIVELY PURSUE COLLECTION PROCEDURES AGAINST A WORKERS' COMPENSATION CLAIMANT BEFORE THE FINAL ADJUDICATION OF THE CLAIMANT'S CLAIM; AND TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO THE WORKERS' COMPENSATION LAW AND EMPLOYERS' RECORDS AND REPORTS OF INJURIES, SO AS TO DELETE THE CURRENT PROVISIONS OF THE SECTION, AND PROVIDE, AMONG OTHER THINGS, THAT EVERY EMPLOYER SHALL KEEP A RECORD OF ALL INJURIES RECEIVED BY HIS EMPLOYEES IN THE COURSE OF THEIR EMPLOYMENT ON FORMS APPROVED BY THE WORKERS' COMPENSATION COMMISSION AND THAT CERTAIN INJURIES MUST BE REPORTED IN WRITING TO THE COMMISSION ACCORDING TO CERTAIN GUIDELINES.

Referred to Committee on Labor, Commerce and Industry.

H. 3566 -- Reps. Harrison, Cobb-Hunter, Shissias, Quinn, Govan, Martin, Wright, Thomas, Kinon, Haskins, Allison, Neal and Limbaugh: A BILL TO AMEND TITLE 20, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 30 SO AS TO ENACT THE JUVENILE JUSTICE CODE BY CONSOLIDATING INTO ONE ARTICLE ALL PROVISIONS OF LAW IN VARIOUS PARTS OF TITLE 20, CHAPTER 7, RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE AND RELATING TO DELINQUENCY PROCEEDINGS AND PROCEDURES; TO REPEAL SECTIONS 20-7-330, 20-7-340, 20-7-350, 20-7-360, 20-7-370, 20-7-380, 20-7-390, 20-7-430, 20-7-600, 20-7-605, 20-7-620, 20-7-630, 20-7-740, 20-7-770, 20-7-780, 20-7-1330, 20-7-2080, 20-7-2095, 20-7-2105, 20-7-2115, 20-7-2125, 20-7-2135, 20-7-2145, 20-7-2155, 20-7-2170, 20-7-2175, 20-7-2180, 20-7-2185, 20-7-2190, 20-7-2195, 20-7-2200, 20-7-2203, 20-7-2205, 20-7-2210, 20-7-3100, 20-7-3110, 20-7-3120, 20-7-3130, 20-7-3170, 20-7-3180, 20-7-3190, 20-7-3200, 20-7-3210, 20-7-3220, 20-7-3230, 20-7-3235, 20-7-3240, 20-7-3260, 20-7-3270, 20-7-3280, 20-7-3290, 20-7-3300, 20-7-3310, 20-7-3320, 20-7-3330, 20-7-3340, 20-7-3350, 20-7-3360, 20-7-3370, 20-7-3380, AND 20-7-4000, ALL RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE AND DELINQUENCY PROCEEDINGS AND PROCEDURES IN TITLE 20, CHAPTER 7 WHICH ARE CONSOLIDATED INTO ARTICLE 30 AS PROVIDED ABOVE.

Referred to Committee on Judiciary.

H. 3567 -- Rep. Quinn: A BILL TO AMEND SECTION 61-1-95, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEER, WINE, AND ALCOHOLIC BEVERAGE PERMITS AND LICENSES, SO AS TO DELETE THE PROHIBITION ON THE ISSUE OF A PERMIT OR LICENSE FOLLOWING SUSPENSION OR REVOCATION TO ANY PERSON WITHIN THE THIRD DEGREE OF KINSHIP TO THE PERSON WHOSE PERMIT OR LICENSE WAS SUSPENDED AND TO DELETE THE PROHIBITION ON ISSUING A PERMIT OR LICENSE FOLLOWING SUSPENSION OR REVOCATION TO A PARTNER OR PERSON WITH A FINANCIAL INTEREST IN THE PREMISES OF THE ESTABLISHMENT FOR WHICH THE PERMIT OR LICENSE WAS SUSPENDED.

Referred to Committee on Labor, Commerce and Industry.

H. 3568 -- Reps. Hutson, Law, Hallman, Quinn, Meacham, Cato, Davenport, Gamble, Simrill, Seithel, Limbaugh, S. Whipper, Haskins, Wilder, Waldrop, Vaughn, Carnell, McCraw, Cain, Lanford, Marchbanks, J. Harris, Shissias, Limehouse, Trotter, Phillips, Fair, Wofford, Fulmer, Riser, Kinon, Whatley, Wells, Rhoad, Witherspoon, Easterday, Cromer, Dantzler and Stuart: A BILL TO AMEND SECTION 16-3-26, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO DEFENSE ATTORNEYS OF A SOLICITOR'S INTENTION TO SEEK THE DEATH PENALTY, THE APPOINTMENT OF ATTORNEYS, AND THE PROVISION OF INVESTIGATIVE, EXPERT, AND OTHER SERVICES FOR INDIGENTS FACING THE DEATH PENALTY, SO AS TO REQUIRE THE JUDICIAL DEPARTMENT TO SATISFY OUTSTANDING AWARDS OF ATTORNEY FEES OR EXPENSES IN DEATH PENALTY CASES UPON THE EXHAUSTION OF FUNDS PROVIDED BY THE OFFICE OF INDIGENT DEFENSE, TO REVISE THE OBLIGATION OF THE OFFICE OF INDIGENT DEFENSE FOR PAYMENT OF INVESTIGATIVE, EXPERT, AND OTHER SERVICES, AND TO REQUIRE THE JUDICIAL DEPARTMENT TO DEVELOP BIENNIALLY A LIST OF STANDARD FEES ASSOCIATED WITH THE DEFENSE OF AN INDIGENT PERSON IN A DEATH PENALTY CASE.

Referred to Committee on Ways and Means.

H. 3569 -- Reps. Rice, Phillips, Neilson, Robinson, Vaughn, Huff, Mason and Easterday: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 64 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR SPECIAL PURPOSE DISTRICT COMMISSIONERS.

Referred to Committee on Education and Public Works.

H. 3570 -- Reps. Knotts, Wright, Davenport, Bailey and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-3-435 SO AS TO MAKE AN ALCOHOLIC BEVERAGE RETAIL DEALER'S LICENSE TRANSFERABLE TO ANOTHER HOLDER BY SALE OR WILL OR OPERATION OF LAW AND PRESCRIBE THE TERMS AND CONDITIONS UNDER WHICH THIS TRANSFER MAY OCCUR; TO AUTHORIZE A RETAIL LICENSE TO BE MOVED TO A NEW LOCATION AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH THIS MOVE MAY OCCUR; TO AMEND SECTION 12-33-210, AS AMENDED, RELATING TO ALCOHOLIC BEVERAGE LICENSE TAXES, SO AS TO INCREASE THE LICENSE TAX ON THE BIENNIAL RETAIL DEALER'S LICENSE FROM ONE THOUSAND TWO HUNDRED DOLLARS TO TWO THOUSAND FOUR HUNDRED DOLLARS; TO AMEND SECTION 61-3-480, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE AND TAXATION TO LIMIT THE NUMBER OF ALCOHOLIC BEVERAGE RETAIL OUTLETS IN A POLITICAL SUBDIVISION, SO AS TO PROVIDE A MAXIMUM NUMBER OF RETAIL DEALER'S LICENSES ALLOWED IN A COUNTY BASED ON POPULATION, ALLOW CURRENT LICENSES TO BE RENEWED REGARDLESS OF THE LIMIT, AND ALLOW A LICENSE IN A MUNICIPALITY WITH NO LOCATION REGARDLESS OF THE LIMITATION, AND PROVIDE FOR THE ISSUING OF RETAIL LICENSES BY LOT WHEN THE NUMBER OF APPLICANTS EXCEED THE NUMBER OF LICENSES AVAILABLE.

Referred to Committee on Labor, Commerce and Industry.

H. 3571 -- Rep. Littlejohn: A BILL TO AMEND SECTION 12-43-305, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF PROPERTY TAXES UNDER APPEAL AND INTEREST ON UNDERPAYMENTS AND OVERPAYMENTS, SO AS TO REDUCE THE MONTHLY INTEREST RATE ON OVERPAYMENTS AND UNDERPAYMENTS FROM ONE PERCENT A MONTH TO SIXTY-SEVEN HUNDREDTHS OF A PERCENT A MONTH AND TO AUTHORIZE A TAXPAYER DUE A REFUND TO WAIVE THE RECEIPT OF INTEREST.

Referred to Committee on Ways and Means.

H. 3572 -- Reps. Littlejohn, Trotter, Tripp, Haskins, Vaughn, Fair, Seithel, S. Whipper, Moody-Lawrence, Harrison, Delleney, Stuart, A. Young, Fleming, Hutson, G. Brown, H. Brown, Cave, Wilder, Richardson, White, Meacham, Lloyd, Cotty, Neilson, Kennedy, Jaskwhich, Hines, Bailey, Simrill, Walker, Wofford, Phillips, Stille, Shissias, Kelley, Sandifer, Inabinett, Limehouse, Huff, Anderson, McMahand, L. Whipper, R. Smith, Beatty, Witherspoon, Easterday, Herdklotz, Jennings, Keegan, Neal, Askins, Quinn, Koon, Thomas, Byrd, Keyserling, Gamble, Canty, T. Brown, J. Harris, Cooper, Dantzler, Klauber, McAbee, Knotts, Law, Rice, Kirsh, J. Young, Harvin, Cromer, Kinon, Martin and Carnell: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMESTEAD EXEMPTION, SO AS TO INCREASE THE EXEMPTION FROM TWENTY TO FORTY THOUSAND DOLLARS PHASED IN OVER FOUR PROPERTY TAX YEARS.

Referred to Committee on Ways and Means.

H. 3573 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-3-50 SO AS TO PROVIDE THAT A PUBLIC HOUSING AUTHORITY MAY OBTAIN DATA FROM THE DEPARTMENT OF REVENUE AND TAXATION AND THE EMPLOYMENT SECURITY COMMISSION TO VERIFY A PERSON'S ELIGIBILITY FOR A PUBLIC HOUSING PROGRAM AND TO PROVIDE THE METHOD OF MAKING AND RESPONDING TO THESE REQUESTS; AND TO AMEND SECTIONS 12-54-240, AS AMENDED, AND 41-29-170 OF THE 1976 CODE, RELATING TO AUTHORITY OF THE DEPARTMENT OF REVENUE AND TAXATION AND EMPLOYMENT SECURITY COMMISSION TO DISCLOSE OFFICIAL INFORMATION, SO AS TO AUTHORIZE DISCLOSURE TO A PUBLIC HOUSING AUTHORITY, AND PROVIDE FOR THE DISCLOSURE OF AN APPLICANT'S CURRENT AND PREVIOUS EMPLOYERS.

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. BAILEY a temporary leave of absence for the remainder of the day to attend a meeting at DHEC.

H. 3338--AMENDED, OBJECTION AND POINT OF ORDER

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. CROMER having the floor.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\1705DW.95), which was adopted.