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:

Almighty and most merciful God, we praise You for Your many blessings. Make us always conscious of our debt of gratitude, as we are constantly aware that we live in God's world, the objects of God's love, the arena of God's achievements, the scene of man's struggle - exciting, and full of hope, though sometimes confusing and full of anxiety; that we are God's people, called into being and sustained by His strength. Keep us aware that, as God's children, we are to seek His truths and to do His will.

So use us, we pray, to Your glory and to Your Name's honor.

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. TRIPP moved that when the House adjourns, it adjourn in memory of Benjamin Adams of Mauldin, which was agreed to.

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of The Young Bankers Division of S.C. Bankers Association for an Oyster Roast, March 29, 1995, 6:00 P.M. at the Sterling Garden Center, 320 Senate Street, Columbia.

The invitation was accepted.

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of S.C. Horsemen's Council for a reception, April 5, 1995, 6:00 P.M. - 8:00 P.M. at Riverfront Bldg., 300 Senate Street, Columbia.

The invitation was accepted.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 3447 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 47-3-730 AND 47-3-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRAINT OF DANGEROUS ANIMALS AND PENALTIES, SO AS TO REVISE THE REQUIREMENTS OF RESTRAINT AND AUTHORIZE THE USE OF A SECURITY BOND IN THE REGISTRATION OF DANGEROUS ANIMALS.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

H. 3448 -- Reps. Spearman, McTeer and Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-27 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL ON LAKE MURRAY IN CERTAIN AREAS AND PROVIDE PENALTIES.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 3452 -- Reps. Riser, Hines, Inabinett, Rhoad and Witherspoon: A BILL TO AMEND SECTION 47-4-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIVESTOCK-POULTRY HEALTH COMMISSION, SO AS TO REVISE THE PROVISIONS EXECUTED BY THE COMMISSION; TO AMEND SECTION 47-4-20, RELATING TO DEFINITIONS PERTAINING TO THE COMMISSION, SO AS TO REVISE THE DEFINITION OF "PUBLIC LIVESTOCK MARKET"; TO AMEND SECTION 47-4-50, RELATING TO DISEASES IMPACTING THE LIVESTOCK-POULTRY INDUSTRY, SO AS TO CLARIFY A REFERENCE TO FEDERAL REGULATIONS; TO AMEND SECTION 47-4-60, RELATING TO REQUIREMENTS FOR CERTIFICATES OF VETERINARY INSPECTION, SO AS TO CORRECT PUNCTUATION; TO AMEND SECTION 47-4-110, RELATING TO COMMISSION EMPLOYEES, SO AS TO REVISE THE MAXIMUM NUMBER OF LIVESTOCK LAW ENFORCEMENT OFFICERS; TO AMEND SECTION 47-4-130, RELATING TO PENALTIES FOR VIOLATIONS, SO AS TO INCREASE THE FINE; TO AMEND SECTION 47-11-140, AS AMENDED, RELATING TO VETERINARIANS SERVING AUCTION SALES AT PUBLIC LIVESTOCK MARKETS, SO AS TO REVISE THE REQUIREMENTS FOR PROVISION OF SERVICE BY VETERINARIANS; AND TO AMEND SECTION 47-13-30, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS, SO AS TO CORRECT A REFERENCE IN THE 1976 CODE.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 3453 -- Reps. Riser, Hines, Inabinett, Rhoad and Witherspoon: A BILL TO AMEND SECTION 46-9-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES PERTAINING TO THE STATE CROP PEST COMMISSION, SO AS TO REVISE THE PENALTIES AND THE PROVISIONS TO WHICH THEY APPLY; AND TO AMEND SECTION 46-13-80, RELATING TO LICENSES UNDER THE PESTICIDE CONTROL ACT, SO AS TO REVISE THE RENEWAL DATE.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3042 -- Reps. Kirsh, Meacham and Richardson: A BILL TO AMEND SECTION 40-11-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FINANCIAL STATEMENT REQUIRED TO LICENSE A CONTRACTOR, SO AS TO REQUIRE AN AFFIDAVIT OF FINANCIAL CONDITION INSTEAD OF A FINANCIAL STATEMENT.

Ordered for consideration tomorrow.

The following was introduced:

H. 3645 -- Rep. J. Harris: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1995 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1995 SOUTH CAROLINA FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 19, 1995, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1995 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

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

The following was introduced:

H. 3646 -- Reps. Hodges and McElveen: A CONCURRENT RESOLUTION TO REQUEST CANDIDATES FOR JUDICIAL OFFICES TO BE FILLED BY ELECTION OF THE GENERAL ASSEMBLY DURING ITS 1995 SESSION TO REFRAIN FROM VISITING THE STATE HOUSE, BLATT BUILDING, GRESSETTE BUILDING, OR ANY OTHER BUILDINGS OF THE STATE CAPITOL COMPLEX FOR THE PURPOSE OF MEETING MEMBERS AND CAMPAIGNING FOR OFFICE UNTIL SUCH TIME AS THE LEGISLATIVE SCREENING COMMITTEE HAS RENDERED ITS REPORT REGARDING THE QUALIFICATIONS OF THE CANDIDATES FOR THE JUDICIAL OFFICES TO WHICH THE CANDIDATES SEEK ELECTION.

The Concurrent Resolution was ordered referred to the Committee on Judiciary.

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

H. 3647 -- Ways and Means Committee: A BILL TO SUSPEND THE LIMITATION ON GENERAL FUND APPROPRIATIONS PROVIDED PURSUANT TO SECTION 11-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, BEGINNING WITH APPROPRIATIONS FOR FISCAL YEAR 1995-96, TO PROVIDE FOR THE USE OF THE ADDITIONAL REVENUE FOR PROPERTY TAX RELIEF AND FOR THE CONTINUED SUSPENSION OF THE LIMITATION UNTIL SUFFICIENT RECURRING REVENUES ARE AVAILABLE FOR THE STATE PROPERTY TAX RELIEF FUND TO REPLACE OPERATING PROPERTY TAX REVENUES ON OWNER-OCCUPIED RESIDENTIAL PROPERTY, AND TO PROVIDE FOR THE REINSTATEMENT OF THE LIMITATION WHEN THESE RECURRING REVENUES ARE AVAILABLE.

Without reference.

H. 3648 -- Reps. D. Smith, Haskins, Huff, Cotty, Sheheen, Wilkins, Fleming, Cromer, Harrison, Limbaugh, McElveen, Delleney, Robinson, Thomas, Baxley, Beatty, J. Young and Hodges: A BILL TO AMEND SECTION 40-5-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PRACTICING OF LAW WITHOUT BEING ADMITTED AND SWORN AS AN ATTORNEY, SO AS TO AUTHORIZE THE ATTORNEY GENERAL OR APPROPRIATE SOLICITOR TO APPLY IN CIRCUIT COURT FOR INJUNCTIVE AND OTHER RELIEF AND TO PROVIDE THAT A PERSON INJURED BY A VIOLATION OF THE ABOVE PROVISIONS MAY BRING A CIVIL ACTION FOR DAMAGES AGAINST THE VIOLATOR.

Referred to Committee on Judiciary.

H. 3649 -- Reps. Jennings, J. Harris and Kinon: A BILL TO PROVIDE THAT THE BOARDS OF TRUSTEES OF THE SCHOOL ADMINISTRATIVE AREAS OF MARLBORO COUNTY ARE ABOLISHED AND THEIR POWERS AND DUTIES DEVOLVED UPON THE MARLBORO COUNTY BOARD OF EDUCATION, AND TO PROVIDE THAT THE ABOVE PROVISIONS SHALL NOT BE DEEMED TO ABOLISH THE ADMINISTRATIVE AREAS THEMSELVES.

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

H. 3650 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - LICENSING BOARD FOR CONTRACTORS, RELATING TO DEFINITION OF ROOFING CLASSIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1747, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3651 -- Rep. H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-330 SO AS TO ESTABLISH THE STATE PROPERTY TAX CREDIT FUND AND REQUIRE ANNUAL APPROPRIATIONS TO THE FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-251 SO AS TO ALLOW A HOMESTEAD EXEMPTION FROM PROPERTY TAXES OTHER THAN THOSE LEVIED FOR BONDED INDEBTEDNESS EQUAL TO TWENTY-EIGHT THOUSAND FIVE HUNDRED DOLLARS OF FAIR MARKET VALUE ESCALATING, DEPENDING ON REVENUES IN THE STATE PROPERTY TAX CREDIT FUND TO A COMPLETE EXEMPTION FROM ALL TAXES EXCEPT THOSE LEVIED FOR BONDED INDEBTEDNESS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-217 SO AS TO REQUIRE TRIENNIAL REASSESSMENT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-75, AND 59-73-35 SO AS TO IMPOSE SPENDING LIMITS ON COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE DISTRICTS AND IMPOSE AN AD VALOREM TAX REVENUE LIMITATION ON SCHOOL DISTRICTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-350 SO AS TO PROVIDE A STANDARDIZED TAX BILL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-60 SO AS TO PROVIDE FOR NOTICE REQUIREMENTS FOR LOCAL GOVERNMENT BUDGETING.

Referred to Committee on Ways and Means.

H. 3652 -- Reps. Keegan, Meacham, A. Young, Cobb-Hunter, Wofford, Bailey, Delleney, Worley, Whatley, Kelley, Thomas, Gamble, Koon, Seithel, Wells, Huff, Witherspoon, Riser, Martin, Spearman, McTeer and Fulmer: A BILL TO AMEND SECTION 22-5-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPUNGEMENT OF A CRIMINAL RECORD, SO AS TO PROHIBIT THE EXPUNGEMENT OF A CRIMINAL RECORD FOR A CRIME CONTAINED IN CHAPTER 25 OF TITLE 16.

Referred to Committee on Judiciary.

H. 3653 -- Reps. Cato, H. Brown, G. Brown, Neilson, Bailey, A. Young, Knotts, Meacham, Davenport, Simrill, Shissias, Cooper, Wright, Jennings, Spearman, Marchbanks and Harrison: A BILL TO AMEND SECTION 56-9-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SO AS TO REVISE THE DEFINITION OF "MOTOR VEHICLE LIABILITY POLICY".

Referred to Committee on Labor, Commerce and Industry.

H. 3654 -- Reps. Kirsh, Moody-Lawrence, Meacham and Simrill: A BILL TO AMEND SECTION 20-7-1480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF THE FAMILY COURT SYSTEM BY RULE OF THE SUPREME COURT, SO AS TO PROVIDE FOR JURY TRIALS IN THE FAMILY COURT AND THE PROCEDURES FOR JURY TRIALS; AND TO AMEND SECTION 20-7-755, AS AMENDED, RELATING TO THE CONDUCT OF HEARINGS IN THE FAMILY COURT IN CASES INVOLVING CHILDREN, SO AS TO DELETE A PROHIBITION AGAINST SUCH CASES BEING CONDUCTED WITHOUT A JURY.

Referred to Committee on Judiciary.

S. 126 -- Senators Land and Washington: A BILL TO AMEND SECTION 9-8-110(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS ON THE DEATH OF A MEMBER OR BENEFICIARY OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE THE PROVISION TERMINATING BENEFITS PAID TO THE SURVIVING SPOUSE OF A MEMBER ON HER REMARRIAGE.

Referred to Committee on Ways and Means.

S. 273 -- Senators Richter, Courtney, Rose, O'Dell, Hayes, Elliott, Reese and Giese: A BILL TO AMEND SECTION 12-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT OF PROPERTY TAXES, SO AS TO PROVIDE THAT SURVIVING SPOUSES OF LAW ENFORCEMENT OFFICERS, AS DEFINED IN SECTION 23-6-400(D)(1), KILLED IN THE LINE OF DUTY SHALL RECEIVE THE SAME PROPERTY TAX EXEMPTION AS SURVIVING SPOUSES OF SERVICEMEN KILLED IN THE LINE OF DUTY.

Referred to Committee on Ways and Means.

S. 368 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-8-125 SO AS TO AUTHORIZE A MEMBER OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE AND ELIGIBLE TO RECEIVE RETIREMENT BENEFITS FROM THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY BUT FOR THE MEMBER'S CURRENT EMPLOYMENT AS A JUDGE OR SOLICITOR TO ELECT TO RECEIVE THESE BENEFITS.

Referred to Committee on Ways and Means.

S. 369 -- Senator McGill: A BILL TO AMEND SECTION 9-1-1860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELIGIBILITY OF A CONTRIBUTING MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM TO ESTABLISH SERVICE CREDIT FOR THE MEMBER'S FORMER EMPLOYMENT BY A MUNICIPALITY WHICH WAS NOT A COVERED EMPLOYER AT THE TIME OF SUCH EMPLOYMENT, SO AS TO EXTEND THE ELIGIBILITY TO A CONTRIBUTING MEMBER WHO FORMERLY SERVED AS A MEMBER OF THE GOVERNING BODY OF SUCH A MUNICIPALITY AND TO PROVIDE THAT PAYMENT OF A SALARY TO THE MEMBER OF THE GOVERNING BODY IS NOT A REQUIREMENT FOR ELIGIBILITY TO ESTABLISH SUCH SERVICE.

Referred to Committee on Ways and Means.

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

Allison                Anderson               Askins
Bailey                 Baxley                 Beatty
Breeland               Brown, J.              Cain
Carnell                Cato                   Cave
Chamblee               Clyburn                Cobb-Hunter
Cooper                 Cotty                  Cromer
Dantzler               Delleney               Easterday
Fair                   Felder                 Fleming
Fulmer                 Gamble                 Govan
Hallman                Harrell                Harris, J.
Harris, P.             Harrison               Harvin
Harwell                Haskins                Herdklotz
Hines                  Hodges                 Howard
Hutson                 Inabinett              Jaskwhich
Jennings               Keegan                 Kelley
Kennedy                Keyserling             Kinon
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Limbaugh               Limehouse              Littlejohn
Lloyd                  Marchbanks             Mason
McAbee                 McCraw                 McKay
McMahand               McTeer                 Meacham
Moody-Lawrence         Neilson                Phillips
Rhoad                  Rice                   Richardson
Riser                  Robinson               Sandifer
Scott                  Seithel                Sharpe
Sheheen                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                 Williams
Witherspoon            Worley                 Wright
Young, A.              Young, J.

I came in after the roll call and was present for the Session on Wednesday, February 22.

G. Ralph Davenport, Jr.           Timothy F. Rogers
David H. Wilkins                  Thomas E. Huff
Grady A. Brown                    Alma W. Byrd
June S. Shissias                  Larry L. Elliott
L. Morgan Martin                  Henry E. Brown, Jr.
Sandra S. Wofford                 William D. Boan

I was not present during the Session but arrived in time to attend the Committee meetings on Wednesday, February 22.

Joseph T. McElveen, Jr.     Joseph H. Neal

Theodore A. Brown

Announcement was made that Dr. Patricia Westmoreland of Greenville is the Doctor of the Day for the General Assembly.

Reps. LITTLEJOHN and WELLS, on behalf of the Spartanburg delegation, presented to the House the Spartanburg Methodist College Men's Soccer Team, winners of the 1994 NJCAA National Championship, their coaches and other school officials.

Rep. ALLISON, on behalf of the Spartanburg delegation presented to the House the James F. Byrnes High School Rebel Regiment Band, winners of the 1994 Class AAAA State Championship, their directors and other school officials.

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

H. 3262 -- Reps. Harrison, Baxley, Jennings, Cobb-Hunter, Beatty, Huff, Martin, S. Whipper, L. Whipper and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-547 SO AS TO ENSURE THE RIGHT OF BREAST IMPLANT VICTIMS WHO ARE MEMBERS OF THE SETTLEMENT CLASS OF THE IN RE SILICONE GEL BREAST IMPLANT PRODUCTS LIABILITY LITIGATION (MDL 926) TO BRING AN ACTION FOR PERSONAL INJURIES OR DEATH.

H. 3314 -- Rep. Rogers: A BILL TO AMEND SECTION 7-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO PROHIBIT A MEMBER OF THE COMMISSION FROM PARTICIPATING IN POLITICAL MANAGEMENT OR IN A POLITICAL CAMPAIGN DURING THE MEMBER'S TERM OF OFFICE, TO PROHIBIT A MEMBER OF THE COMMISSION FROM MAKING A CONTRIBUTION TO A CANDIDATE OR KNOWINGLY ATTEND A FUNDRAISER HELD FOR THE BENEFIT OF A CANDIDATE, AND TO PROVIDE THAT THE MEMBER MAY BE REMOVED FOR A VIOLATION OF THIS SECTION.

The following Bill was taken up.

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.

Rep. HODGES proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\21470SD.95), which was adopted.

Amend the bill, as and if amended, in Section 17-15-260 of the 1976 Code, as contained in SECTION 4, by striking the sentence which begins on line 19, page 3 and inserting /All funds to be deposited in the state general fund shall be transmitted to the State Treasurer./

Amend the bill further, as and if amended, by striking SECTION 7 on page 4 and inserting:

/SECTION     7.     Section 24-23-220 of the 1976 Code is repealed./

Renumber sections to conform.

Amend totals and title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

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

The following Bill was taken up.

H. 3115 -- Reps. Shissias, Gamble, Neilson, Baxley, Allison, Elliott, Stuart and Knotts: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO ORDER PARTIES IN A DIVORCE ACTION TO ATTEND THE PARENT AND CHILD TRANSITIONS PROGRAM, AN EDUCATIONAL PROGRAM CONDUCTED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES ON THE EFFECTS OF DIVORCE ON CHILDREN; AND TO ADD SECTION 44-49-90 SO AS TO DIRECT THE DEPARTMENT TO DEVELOP AND IMPLEMENT THIS PROGRAM AND TO AUTHORIZE THE DEPARTMENT TO CHARGE A FEE FOR THE PROGRAM.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21426AC.95).

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

/SECTION     1.     Section 20-7-420 of the 1976 Code is amended by adding an appropriately numbered item to read:

"( )     In a proceeding involving minor children in matters of divorce, custody, or separation the court on its own motion or the motion of either party may order the parties to attend the Parent and Child Transitions program, an educational program to be conducted by the Department of Alcohol and Other Drug Abuse Services on the effects of divorce on children. The court must require the parties to pay to participate in the program, unless the parties are financially indigent. The department must develop a sliding fee scale to apply in assessing fees for the cost of the program."

SECTION     2.     The 1976 Code is amended by adding:

"Section 44-49-90.     The department shall develop and implement the Parent and Child Transitions program for use with the department's clients and as may be ordered by the Family Court in proceedings involving minor children in matters of divorce, custody, or separation. The department must charge a fee to participants in the program and must develop a sliding fee scale to apply in assessing these fees to make the program totally self-sufficient after the first year."

SECTION     3.     The Legislative Audit Council must conduct a review of the Department of Alcohol and Other Drug Abuse Services' Parent and Child Transition program to evaluate the effectiveness of the program in assisting families and in particular children in coping with and adjusting to divorce. The council shall submit a report of its review and evaluation to the General Assembly before July 1, 1998.

SECTION     4.     This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend totals and title to conform.

Rep. JENNINGS explained the amendment.

Rep. HARRISON moved to adjourn debate upon the Bill until Thursday, February 23, which was adopted.

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

H. 3637 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO FOOD SERVICE ESTABLISHMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1808, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WILDER explained the Joint Resolution.

H. 3638 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO GROUP DAY CARE HOMES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1755, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. McTEER explained the Joint Resolution.

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

The following was introduced:

H. 3655 -- Reps. J. Brown, Clyburn, Anderson, Williams and Breeland: A CONCURRENT RESOLUTION COMMENDING ALLEN UNIVERSITY FOR ONE HUNDRED TWENTY-FIVE YEARS OF PROGRESS, COMMITMENT, AND DEDICATION IN THE SHAPING OF PRODUCTIVE LIVES, PLEDGING SUPPORT TO THE POSITIVE ASPIRATIONS OF ALLEN UNIVERSITY AND EXTENDING TO THE UNIVERSITY BEST WISHES AND HOPES FOR A PRODUCTIVE FUTURE THAT CONTINUES THE ACCOMPLISHMENTS OF THE PAST.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 3656 -- Rep. Anderson: A CONCURRENT RESOLUTION COMMENDING MARTHA GAMBLE HALL OF MAULDIN ON HER TENURE AS NATIONAL ALUMNI PRESIDENT OF THE JOHNSON C. SMITH UNIVERSITY GENERAL ALUMNI ASSOCIATION.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 3657 -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE MR. WAYNE TATE AND HIS FAMILY FOR THE TIRELESS WORK AND COUNTLESS HOURS DONATED TO THE BOILING SPRINGS HIGH SCHOOL BAND BOOSTER CLUB.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

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

H. 3658 -- Reps. Scott and J. Brown: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS A TO DELETE AN EXEMPTION FOR THE NAME, ADDRESS, AND TELEPHONE NUMBER OF A PERSON WHOSE NAME A MOTOR VEHICLE LICENSE PLATE IS REGISTERED.

Referred to Committee on Judiciary.

H. 3659 -- Rep. Cato: A BILL TO AMEND ACT 199 OF 1971, AS AMENDED, RELATING TO THE NORTH GREENVILLE FIRE DISTRICT, SO AS TO PROVIDE THAT MEMBERS OF THE GOVERNING BODY MUST BE ELECTED ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF ODD-NUMBERED YEARS AND PROVIDE THAT THE TERMS OF MEMBERS SERVING ON THE EFFECTIVE DATE OF THIS ACT ARE EXTENDED UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.

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

H. 3660 -- Reps. Scott and Harrison: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE FEASIBILITY OF IMPLEMENTING A STATEWIDE MASS TRANSPORTATION SYSTEM.

Rep. SCOTT asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.

Rep. FLEMING objected.

Referred to Committee on Education and Public Works.

Rep. HODGES moved to recall H. 3646 from the Judiciary Committee.

As a first substitute Rep. CROMER moved to recall H. 3247 from the Judiciary Committee.

As a second substitute Rep. HASKINS moved to recall H. 3646 from the Judiciary Committee, which was agreed to.

Rep. SHEHEEN moved to dispense with the balance of the Motion Period, which was agreed to.

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

The Senate returned to the House with concurrence the following:

H. 3640 -- Reps. Waldrop and Wilder: A CONCURRENT RESOLUTION TO CONGRATULATE DEBRA TEMPLIN, A TEACHER AT NEWBERRY MIDDLE SCHOOL, UPON BEING NAMED AS STATE TEACHER OF THE YEAR FOR 1995.

H. 3641 -- Reps. Kennedy, T. Brown and Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE MR. JOSEPH WASHINGTON OF THE TOWN OF NESMITH FOR HIS MANY YEARS OF SERVICE TO THE CITIZENS OF WILLIAMSBURG COUNTY.

H. 3644 -- Rep. Harrison: A CONCURRENT RESOLUTION TO COMMEND THE INTERNATIONAL ASSOCIATION OF LIONS CLUBS AND EACH OF THE LIONS CLUBS IN SOUTH CAROLINA FOR THE OUTSTANDING WORK THAT THEY DO IN SERVING THEIR FELLOW MAN AND TO WELCOME INTERNATIONAL DIRECTOR ALBERT F. BRANDEL TO SOUTH CAROLINA AS HE SPEAKS AT THE LIONS DISTRICT 32-D MID-WINTER RALLY.

At 10:53 A.M. the House in accordance with the motion of Rep. TRIPP adjourned in memory of Benjamin Adams of Mauldin, to meet at 10:00 A.M. tomorrow.

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