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 of all creation, as the miracle of Springtime covers the earth with a tapestry of beauty, show us that every budding flower and in each blade of grass there is Your masterful handiwork. And as we come to the Passover and to Good Friday, our thanks are overwhelming that we have a God Whose compassion and concern for His people are so totally and completely revealed in these events. Seeing God's love, as so thoroughly revealed then and now, may we go forward in complete confidence that You are with us. May no disappointment lead us to despair, no failure extinguish the light of hope. Thus we pray that the words of our mouths, the thoughts of our minds and the emotions of our hearts be always acceptable in Your sight.

We pray to our God Who seeks us always to lead us on. 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. T. BROWN moved that when the House adjourns, it adjourn in memory of Camille Barber of Georgetown, which was agreed to.

Rep. J. BROWN moved that when the House adjourns it adjourn to meet in Local Session tomorrow and in Statewide Session on Tuesday, April 18 at 12:00 Noon, which was agreed to.

April 10, 1995
Dear Mr. Speaker and Members of the House:

I am hereby returning without my signature H. 3659, R. 54, an Act:
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.

This veto is based upon my belief that H. 3659, R. 54 of 1995, is unconstitutional. It is clearly an act for a specific county, since the North Greenville Fire District is located wholly within Greenville County. Article VIII, Section 7 states that "[n]o laws for a specific county shall be enacted."

For the above reason, I am returning H. 3659, R. 54, without my signature.

Sincerely,
David M. Beasley

The SPEAKER ordered the veto printed in the Journal.

The following was received.

April 11, 1995
Mr. Speaker and Members of the House of Representatives from the 6th Congressional District:

I am transmitting herewith an appointment for confirmation. This appointment is made with the advice and consent of the Members of the House of Representatives from the 6th Congressional District and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Initial Appointment, Member, Prisoner of War Commission, with term to commence July 1, 1993, and to expire July 1, 1997:

6th Congressional District:

Mr. Harry Everett Thomas, Jr., 1008 Woodstone Drive, Florence, S.C. 29501-5555 VICE MG Jones E. Bolt

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

On motion of Rep. H. BROWN, the House non-concurred in the Senate amendments to the following Bill, and a message was ordered sent to the Senate accordingly.

S. 662 -- Senators Passailaigue, McConnell, Rose, Washington, Ford, Richter and Greg Smith: A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEVELOPMENT AUTHORITIES, SO AS TO REVISE THE MEMBERSHIP OF A REDEVELOPMENT AUTHORITY BOARD AND ITS POWERS, DUTIES, AND RESPONSIBILITIES.

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

H. 3704 -- Reps. Knotts, Whatley, Limehouse, Askins, Delleney, H. Brown, G. Brown, Fleming, Easterday, Cotty, Haskins, Hallman, Cromer, Cobb-Hunter, Herdklotz, Rogers, Neilson, Inabinett, Allison, Wright, Thomas, Moody-Lawrence, Howard, Tripp, Harrison, Stille, Martin, Huff, Stoddard, Koon, Wilkins, Keyserling, Riser, Wells, Gamble, McCraw, Kirsh, Dantzler, Sandifer, Wilkes, Seithel, Shissias, Jennings, Boan, Sheheen, D. Smith, Littlejohn, McTeer, Harvin, Vaughn, Cato, Spearman, Kinon, Hutson, Mason, Baxley, Quinn, Lloyd, Davenport, J. Harris, T. Brown, Lanford, Harwell, Harrell, Cain, Wilder, Byrd and Beatty: A BILL TO AMEND SECTIONS 47-3-610, 47-3-620, AND 47-3-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING THE TEASING, MALTREATING, AND INJURING OF POLICE DOGS AND PENALTIES ASSOCIATED WITH THESE ACTIVITIES, SO AS TO EXTEND THESE PROHIBITIONS TO POLICE HORSES AND TO INCREASE THE PENALTIES.

Ordered for consideration tomorrow.

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

H. 3859 -- Reps. Riser, Hines, Inabinett, Rhoad, Witherspoon, Koon, Limehouse and Fulmer: A JOINT RESOLUTION TO DIRECT THE CLEMSON UNIVERSITY LIVESTOCK-POULTRY HEALTH DIVISION TO ESTABLISH A QUARANTINE FOR LARYNGOTRACHEITIS, AN INFECTIOUS AND COMMUNICABLE POULTRY DISEASE, AND TO PROVIDE REQUIREMENTS FOR THE QUARANTINE.

Ordered for consideration tomorrow.

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

S. 564 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 36 TO TITLE 48 SO AS TO PROVIDE FOR THE FOREST BEST MANAGEMENT PRACTICES ACT BY DEFINING TERMS AND SETTING FORTH REQUIREMENTS FOR THE COMMISSION OF FORESTRY.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

H. 3581 -- Reps. Sharpe, Herdklotz, Meacham, Bailey, Littlejohn, Fulmer, Law, A. Young, Rice, Davenport, Vaughn, Haskins, D. Smith, Cato, Mason and Riser: A BILL TO AMEND SECTION 1-23-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO REVISE THE DEFINITION OF REGULATION; TO AMEND SECTION 1-23-110, AS AMENDED, RELATING TO PROCEDURES FOR PROMULGATING REGULATIONS, SO AS TO FURTHER PROVIDE FOR THE CONTENTS OF THE PUBLIC HEARING NOTICE ON PROPOSED REGULATIONS; TO AMEND SECTION 1-23-111, RELATING TO PROCEDURES FOR CONDUCTING PUBLIC HEARINGS AND THE REPORT OF THE OFFICIAL PRESIDING AT THE PUBLIC HEARING AND THE AGENCY'S RESPONSE TO THE REPORT, SO AS TO PROVIDE THE BASIS FOR THE DETERMINATION OF THE NEED AND REASONABLENESS OF THE REGULATION AND TO REVISE THE OPTIONS AVAILABLE TO AN AGENCY IN RESPONDING TO A REPORT; TO AMEND SECTION 1-23-115, AS AMENDED, RELATING TO ASSESSMENT REPORTS ON REGULATIONS SO AS TO CLARIFY WHEN AN ASSESSMENT REPORT MAY BE REQUESTED AND TO AUTHORIZE A LEGISLATIVE COMMITTEE TO REQUEST A REPORT AND TO PROVIDE PROCEDURES UNDER WHICH THE ONE HUNDRED TWENTY DAY REVIEW PERIOD IS TOLLED UPON SUCH A REQUEST, AND TO MANDATE THE CONTENTS OF THE REPORT; TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, BOTH RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS, SO AS TO PROHIBIT AN AGENCY FROM WITHDRAWING OR MODIFYING A REGULATION EXCEPT UPON NOTICE BY THE LEGISLATIVE COMMITTEE.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

H. 3628 -- Reps. Thomas, Moody-Lawrence, Cobb-Hunter, Richardson, T. Brown, Knotts, Keegan, Wright, J. Harris, Gamble, J. Young, P. Harris, Baxley, Townsend, Dantzler, Witherspoon, Stille, Law, Scott, Riser and Cotty: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO EXAMINE STATE LAW RELATING TO THE REQUIREMENTS FOR THE TRANSPORTATION, POSSESSION, AND CONSUMPTION OF ALCOHOLIC LIQUORS IN MINIBOTTLES AND TO EXAMINE AMENDMENTS TO STATE LAW PERTAINING TO ALCOHOLIC LIQUOR BY THE DRINK.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

H. 3632 -- Reps. Jennings, Harwell, Knotts, Klauber and Shissias: A BILL TO CONFORM CERTAIN PROVISIONS OF LAW TO THE NEW SOUTH CAROLINA RULES OF EVIDENCE WHICH TAKE EFFECT SEPTEMBER 3, 1995, BY AMENDING SECTION 15-75-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPUTATION TO A FEMALE OF A WANT OF CHASTITY SO AS TO DELETE REFERENCES TO THE RULES OF EVIDENCE AT COMMON LAW; BY AMENDING SECTION 19-11-30, AS AMENDED, RELATING TO THE COMPETENCY OF SPOUSES AS WITNESSES IN LEGAL PROCEEDINGS, SO AS TO PROVIDE THAT SPOUSES ARE COMPETENT TO BE WITNESSES BECAUSE UNDER THE NEW RULES OF EVIDENCE EVERY PERSON IS DEEMED COMPETENT TO BE A WITNESS UNLESS OTHERWISE SPECIFIED; BY AMENDING SECTION 19-11-50, RELATING TO THE TESTIMONY OF A DEFENDANT IN CRIMINAL CASES, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CRIMINAL DEFENDANTS MAY TESTIFY; BY AMENDING SECTION 19-21-50, RELATING TO PROOF OF LOST PAPERS SO AS TO DELETE REFERENCES TO THE PROOF OF LOST PAPERS ACCORDING TO THE RULES OF EVIDENCE EXISTING AT COMMON LAW; BY AMENDING SECTION 24-21-990, AS AMENDED, RELATING TO THE RESTORATION OF A PERSON'S CIVIL RIGHTS UPON A PARDON, SO AS TO FURTHER PROVIDE FOR HIS RIGHT TO TESTIFY WITHOUT HAVING HIS CONVICTION INTRODUCED FOR IMPEACHMENT PURPOSES; AND BY REPEALING SECTIONS 19-1-40, 19-1-50, 19-5-410, 19-11-10, 19-11-25, 19-11-40, 19-11-60, AND 19-11-70 RELATING TO VARIOUS PROVISIONS OF LAW IN REGARD TO EVIDENTIARY MATTERS IN LEGAL PROCEEDINGS.

Ordered for consideration tomorrow.

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

H. 3023 -- Reps. Byrd, Baxley, Lloyd and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO TITLE 44, CHAPTER 43, SO AS TO ESTABLISH THE ORGAN AND TISSUE DONOR PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; AND TO ADD SECTION 56-1-143 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE AND TAXATION SHALL OFFER PERSONS OBTAINING OR RENEWING A DRIVER'S LICENSE THE OPPORTUNITY TO CONTRIBUTE ONE DOLLAR TO THE ORGAN AND TISSUE PROGRAM AND THESE FUNDS MUST BE CREDITED TO AN ACCOUNT IN THE STATE TREASURER'S OFFICE FOR USE BY THE DEPARTMENT FOR THIS PROGRAM.

Ordered for consideration tomorrow.

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

H. 3135 -- Reps. Hodges, Tucker, Knotts, Inabinett, Baxley and Whatley: A BILL TO AMEND SECTION 23-28-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF RESERVE POLICE OFFICERS, SO AS TO AUTHORIZE THE CHIEF, WITH THE APPROVAL OF THE MUNICIPALITY, TO PROVIDE FOR THE COMPENSATION OF RESERVE POLICE OFFICERS.

Ordered for consideration tomorrow.

Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 3170 -- Reps. Govan, Simrill, Inabinett, Lloyd and Hines: A JOINT RESOLUTION DIRECTING THE OFFICE OF HUMAN RESOURCES AND THE RETIREMENT SYSTEMS OF THE STATE BUDGET AND CONTROL BOARD TO CONDUCT A STUDY ON THE COSTS AND BENEFITS OF ALLOWING MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM TO RETIRE AT ANY AGE WITHOUT PENALTY ON ATTAINING AT LEAST TWENTY-FIVE YEARS OF CREDITED SERVICE AND TO REQUIRE THE STUDY'S FINDINGS AND CONCLUSIONS TO BE REPORTED TO THE GENERAL ASSEMBLY NO LATER THAN NOVEMBER 15, 1995.

Ordered for consideration tomorrow.

Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 3343 -- Rep. Rogers: A BILL TO AMEND SECTION 8-11-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPUTATION OF ANNUAL LEAVE ALLOWED STATE EMPLOYEES, SO AS TO DELETE THE PROVISION LIMITING THE MAXIMUM ANNUAL LEAVE ALLOWED IN ONE YEAR TO THIRTY DAYS.

Ordered for consideration tomorrow.

Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 3364 -- Reps. Tucker, P. Harris, McAbee and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 21 IN TITLE 25, RELATING TO MILITARY, CIVIL DEFENSE, AND VETERANS' AFFAIRS, SO AS TO ESTABLISH THE VETERANS' TRUST FUND OF SOUTH CAROLINA AND PROVIDE FOR ITS POWERS, DUTIES, AND GOVERNANCE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-2417 SO AS TO PROVIDE A DESIGNATION ON STATE INDIVIDUAL INCOME TAX FORMS ENABLING A TAXPAYER TO MAKE A CONTRIBUTION TO THE VETERANS' TRUST FUND OF SOUTH CAROLINA.

Ordered for consideration tomorrow.

Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:

H. 3423 -- Rep. P. Harris: A BILL TO AMEND SECTIONS 9-1-440 AND 9-11-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW MEMBERS ESTABLISHING SERVICE CREDIT FOR NONMEMBER SERVICE TO ELECT IRREVOCABLY TO ESTABLISH LESS THAN THE TOTAL OF THE NONMEMBER SERVICE.

Ordered for consideration tomorrow.

Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 3731 -- Reps. Cooper, Kinon, Askins, Quinn, Herdklotz, Neilson, Scott, Cobb-Hunter, Hines, Keyserling, Inabinett, Bailey, Mason, Easterday, Rogers, Wilder, Moody-Lawrence, White, Cato, Shissias, J. Harris, Stuart, Hutson, Wright, Koon, Allison, Trotter, Gamble, McCraw, Lloyd, Byrd, Littlejohn, Wells, Howard, J. Brown, Haskins, Limehouse, Phillips, Elliott, Seithel, Whatley and S. Whipper: A BILL TO AMEND SECTION 8-11-83, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYROLL DEDUCTION FOR DUES OF THE STATE EMPLOYEES' ASSOCIATION, SO AS TO ALSO AUTHORIZE A PAYROLL DEDUCTION FOR THE DUES OF THE SOUTH CAROLINA TROOPERS' ASSOCIATION.

Ordered for consideration tomorrow.

Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 3774 -- Rep. Rogers: A BILL TO AMEND SECTION 8-11-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL LEAVE AND A LUMP-SUM PAYMENT ALLOWED TO A STATE EMPLOYEE UPON TERMINATION OF EMPLOYMENT, DEATH, OR RETIREMENT, SO AS TO AUTHORIZE AN EMPLOYEE, UPON TERMINATION TO RECEIVE A LUMP-SUM PAYMENT FOR UNUSED LEAVE, NOT TO EXCEED FORTY-FIVE DAYS WITHOUT REGARD TO THE EARNED LEAVE TAKEN DURING THE CALENDAR YEAR IN WHICH THE EMPLOYEE TERMINATES.

Ordered for consideration tomorrow.

Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:

H. 3881 -- Reps. H. Brown, Boan and McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 9-1-1970, 9-8-240, 9-9-240, AND 9-11-350 SO AS TO CONFORM THE COMPENSATION OF MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, GENERAL ASSEMBLY RETIREMENT SYSTEM, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM TAKEN INTO ACCOUNT FOR PURPOSES OF CALCULATING BENEFITS TO THE PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 AND TO PROVIDE EXCEPTIONS.

Ordered for consideration tomorrow.

Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:

H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.

Ordered for consideration tomorrow.

Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:

S. 48 -- Senators Leatherman, Wilson, Leventis, Rankin, Elliott, Rose and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE THAT THE PRINCIPAL AMOUNT OF A LEASE PURCHASE OR FINANCING AGREEMENT IS SUBJECT TO THE CONSTITUTIONAL DEBT LIMIT FOR POLITICAL SUBDIVISIONS AND THAT PAYMENTS MADE BY THE STATE UNDER SUCH AN AGREEMENT ARE DEEMED GENERAL OBLIGATION DEBT SERVICE FOR PURPOSES OF THE CONSTITUTIONAL DEBT SERVICE LIMIT ON THE STATE, TO PROVIDE THAT THE CALCULATION OF THE LIMITATION ON GENERAL OBLIGATION BONDED INDEBTEDNESS FOR FUTURE GENERAL OBLIGATION BOND ISSUES MUST INCLUDE THE PRINCIPAL BALANCE OF ANY OUTSTANDING FINANCING AGREEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-17-120 SO AS TO PROVIDE THAT SCHOOL BONDS CALLED BEFORE MATURITY MAY BE REISSUED ONLY IF THE PAYOFF AMOUNT AND THE AMOUNT NECESSARY TO SERVICE THE REISSUED BONDS DOES NOT INCREASE BY MORE THAN EIGHT PERCENT IN A YEAR THE DEBT SERVICE ON THE ORIGINAL BONDED INDEBTEDNESS AND DOES NOT EXCEED THE DISTRICT'S DEBT LIMIT.

Ordered for consideration tomorrow.

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

H. 3988 -- Rep. Byrd: A HOUSE RESOLUTION TO GRANT THE USE OF THE CHAMBER OF THE HOUSE OF REPRESENTATIVES OF THE STATE HOUSE ON TUESDAY, APRIL 25, 1995, AT 5:00 P.M. FOR THE CEREMONY TO UNVEIL THE PORTRAIT OF MARY MODJESKA MONTEITH SIMKINS.

Be it resolved by the House of Representatives:

That the members of the House of Representatives grant the use of the Chamber of the House of Representatives of the State House on Tuesday, April 25, 1995, at 5:00 P.M. for the ceremony to unveil the portrait of Mary Modjeska Monteith Simkins.

The Resolution was adopted.

The following was introduced:

H. 3989 -- Reps. Govan and Byrd: A CONCURRENT RESOLUTION TO ENCOURAGE GOVERNMENTAL ENTITIES AND LAW ENFORCEMENT AGENCIES TO ADOPT PROCEDURES TO ENSURE THAT PROPERTY ON WHICH A CRIME OR ACCIDENT HAS OCCURRED IS PROPERLY DISINFECTED WHERE BLOOD, BODY FLUIDS, OR BODY TISSUE REMAIN AND THAT THESE ARE PROPERLY DISPOSED OF; AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE TECHNICAL ASSISTANCE IN THE DEVELOPMENT OF THESE PROCEDURES.

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

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

H. 3990 -- Reps. Felder, Townsend, Cobb-Hunter, Govan, Sharpe and Stuart: A BILL TO AMEND TITLE 59, CHAPTER 127, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 SO AS TO CREATE A SPECIAL SCHOOL DISTRICT AT SOUTH CAROLINA STATE UNIVERSITY, THE FELTON LABORATORY SCHOOL DISTRICT, TO ESTABLISH ITS BOARD AND THE BOARD'S DUTIES AND FUNCTIONS, AND TO PROVIDE FOR FUNDING FOR THE DISTRICT.

Referred to Committee on Education and Public Works.

H. 3991 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 20-4-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DURATION AND MODIFICATION OF ORDERS FOR PROTECTION FROM DOMESTIC VIOLENCE, SO AS TO PROVIDE THAT PROTECTIVE ORDERS AND PROVISIONS OF PROTECTIVE ORDERS RELATING TO OTHER ISSUES, INCLUDING CUSTODY AND FINANCIAL SUPPORT, ARE VALID FOR ONE YEAR.

Referred to Committee on Judiciary.

H. 3992 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 20-7-1440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT FEES, SO AS TO AUTHORIZE RATHER THAN REQUIRE THE COURT TO ASSESS A FEE AGAINST A DEFENDANT IN CHILD ABUSE AND NEGLECT CASES AND TO EXEMPT INDIGENT DEFENDANTS.

Referred to Committee on Judiciary.

H. 3993 -- Rep. Rogers: A BILL TO AMEND SECTION 8-13-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO INCLUDE THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AND SENATE WITHIN JURISDICTION OF THE COMMISSION; AND TO REPEAL SECTIONS 8-13-510 THROUGH 8-13-550, 8-13-100(2), AND 8-13-1300(1), RELATING TO THE HOUSE OF REPRESENTATIVES AND SENATE ETHICS COMMITTEES AND DEFINITIONS OF "APPROPRIATE SUPERVISORY OFFICE".

Referred to Committee on Judiciary.

H. 3994 -- Rep. McTeer: A BILL TO AMEND SECTION 56-3-1290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF A MOTOR VEHICLE LICENSE PLATE FROM ONE VEHICLE TO ANOTHER VEHICLE OWNED OR LEASED BY THE SAME PERSON, SO AS TO PROVIDE THAT A MOTOR VEHICLE LICENSE PLATE MAY BE TRANSFERRED FROM ONE INDIVIDUAL TO ANOTHER INDIVIDUAL UPON PAYMENT OF A FEE OF THREE DOLLARS.

Referred to Committee on Education and Public Works.

H. 3995 -- Rep. Scott: A BILL TO AMEND SECTION 24-25-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONNEL OF PALMETTO UNIFIED SCHOOL DISTRICT NO. 1 WITHIN THE DEPARTMENT OF CORRECTIONS, SO AS TO REQUIRE A TEMPORARY TEACHING CERTIFICATE WITH A LIMITED DURATION TO BE ISSUED TO CERTAIN PERSONS EMPLOYED OR FORMERLY EMPLOYED AS A CLASSROOM TEACHER BY THE DISTRICT.

Referred to Committee on Education and Public Works.

H. 3996 -- Reps. Richardson and Cato: A BILL TO AMEND SECTION 38-77-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE, THE SOUTH CAROLINA REINSURANCE FACILITY, AND DESIGNATED PRODUCERS, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT EVERY DESIGNATED PRODUCER SHALL PROVIDE A WRITTEN REPORT TO THE FACILITY GOVERNING BOARD EVERY TWO YEARS, ON THE ANNIVERSARY DATE OF THEIR DESIGNATIONS, OUTLINING ALL EFFORTS MADE TO ATTRACT A VOLUNTARY MARKET IN ORDER TO REDUCE THE PLACEMENT OF AUTOMOBILE INSURANCE IN THE FACILITY; AND TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-596 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT UPON NOTIFICATION TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, DESIGNATED PRODUCERS MAY CONTRACT WITH A VOLUNTARY MARKET OUTLET FOR ANY TYPE OF AUTOMOBILE INSURANCE CEDEABLE TO THE FACILITY.

Referred to Committee on Labor, Commerce and Industry.

H. 3997 -- Reps. Seithel, Whatley, Hallman and Fulmer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-107 SO AS TO PROHIBIT THE REMOVAL, HARVEST, LANDING, OR TAKING OF WILD "LIVE ROCK" FROM STATE WATERS, DEFINE TERMS, AND PROVIDE EXCEPTIONS, REQUIREMENTS FOR THE DEPARTMENT OF NATURAL RESOURCES, AND FOR PENALTIES.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3998 -- Reps. Seithel, Whatley, Hallman and Fulmer: A BILL TO AMEND SECTION 50-17-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, WHICH ESTABLISHES REQUIREMENTS PERTAINING TO THE TAKING OF SHARKS, SO AS TO CLARIFY CATCH, BAG, AND POSSESSION LIMITS WHEN NO VESSEL IS UTILIZED, PROVIDE AN EXEMPTION FROM PERMIT REQUIREMENTS, AND REVISE PERMIT REQUIREMENTS.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3999 -- Reps. Seithel, Whatley, Hallman and Fulmer: A BILL TO AMEND SECTION 50-17-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS PERTAINING TO SPOTTED SEA TROUT, RED DRUM, AND FLOUNDER, SO AS TO PROHIBIT THE SALE, PURCHASE, TRADE, AND BARTER OF SPOTTED SEA TROUT AND RED DRUM EXCEPT UNDER CERTAIN CONDITIONS, PROVIDE REQUIREMENTS FOR THE SALE OF THE FISH, AND PROVIDE PERMIT REQUIREMENTS FOR FINFISH AND FLOUNDER.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 4000 -- Reps. Meacham, Limehouse, Mason, Bailey, Wofford, Kirsh, Cato, Cooper, Simrill, Lanford, Trotter, McCraw, Vaughn, Law, Boan, Dantzler, A. Young, Neilson, Elliott, H. Brown, Haskins and Martin: 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 PROVIDE THAT THESE THRESHOLDS MUST BE ADJUSTED PERIODICALLY BY REGULATION OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE BASED UPON CHANGES IN THE CONSUMER PRICE INDEX; 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.

H. 4001 -- Reps. Neilson, Quinn, Cave, R. Smith, Sandifer, Simrill, Hines, Phillips, Fair, McCraw, Neal, Askins, J. Harris, Stille, Clyburn, Meacham, T. Brown, Wells, Wilder, Rice, Vaughn and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-935 SO AS TO AUTHORIZE THE COURT TO SUSPEND A PERSON'S SENTENCE AND ORDER THE PERSON TO PERFORM COMMUNITY SERVICE FOR VIOLATION OF AN ORDER FOR THE PAYMENT OF CHILD SUPPORT AND TO REQUIRE WITHHOLDING OF ANY COMPENSATION THE PERSON MAY BE ENTITLED TO FOR THIS SERVICE FOR THE PAYMENT OF THE SUPPORT.

Referred to Committee on Judiciary.

H. 4002 -- Rep. Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-212 SO AS TO DEFINE FEDERAL LAW ENFORCEMENT OFFICER, TO PERMIT A FEDERAL LAW ENFORCEMENT OFFICER TO ENFORCE THE STATE'S CRIMINAL LAWS UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT A FEDERAL LAW ENFORCEMENT OFFICER IS NOT AN OFFICER, EMPLOYEE, OR AGENT OF A STATE OR LOCAL LAW ENFORCEMENT AGENCY, MAY NOT CONDUCT AN INDEPENDENT INVESTIGATION INTO A VIOLATION OF STATE LAW, AND IS SUBJECT TO THE FEDERAL TORT CLAIMS ACT.

Referred to Committee on Judiciary.

H. 4003 -- Reps. Neal, Canty, Cave, Cobb-Hunter, Howard, Govan, Inabinett, Scott, Lloyd, White, L. Whipper and Moody-Lawrence: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL ESTABLISH A JUDICIAL MERIT SELECTION PANEL TO NOMINATE CANDIDATES FOR ELECTION TO JUDICIAL POSITIONS ON THE COURTS OF THIS STATE WHICH ARE FILLED BY ELECTION OF THE GENERAL ASSEMBLY AND TO PROVIDE THAT THE GENERAL ASSEMBLY MUST ELECT THESE JUDGES AND JUSTICES FROM AMONG THESE NOMINEES, EXCEPT THAT NOTHING HEREIN PREVENTS THE GENERAL ASSEMBLY FROM REJECTING THE NOMINEES OF THE PANEL AND REQUIRING FURTHER NOMINATIONS.

Referred to Committee on Judiciary.

H. 4004 -- Reps. Neal, Canty, Cave, Cobb-Hunter, Howard, Govan, White, Inabinett, Scott, Lloyd, L. Whipper, Moody-Lawrence and T. Brown: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE AND THE JUDGES THEREFOR, SO AS TO PROVIDE THAT THE JUDICIAL CIRCUITS OF THIS STATE SHALL BE THE SAME IN NUMBER AND SIZE AS ARE THE DISTRICTS FROM WHICH MEMBERS OF THE STATE SENATE ARE ELECTED, TO PROVIDE THAT RESIDENT JUDGES OF THE CIRCUIT COURTS MUST BE ELECTED BY THE QUALIFIED ELECTORS OF THE CIRCUIT IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW, AND TO DELETE AUTHORIZATION FOR AT-LARGE CIRCUIT JUDGES.

Referred to Committee on Judiciary.

H. 4005 -- Reps. Richardson and Cato: A BILL TO AMEND SECTION 38-77-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE AND THE SOUTH CAROLINA REINSURANCE FACILITY AND THE FACILITY'S DUTIES GENERALLY, SO AS TO PROVIDE THAT FOR MULTI-VEHICLE INSURANCE POLICIES, ONE OR MORE VEHICLES MAY BE CEDED TO THE FACILITY AS LONG AS THE INSURER IDENTIFIES TO THE FACILITY AND THE INSURED PRECISELY WHICH VEHICLES ARE RETAINED AND WHICH ARE CEDED AND THE RATE LEVEL FOR EACH VEHICLE.

Referred to Committee on Labor, Commerce and Industry.

H. 4006 -- Reps. Keyserling and Richardson: A BILL TO AMEND SECTION 56-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR HANDICAPPED PERSONS AND PERSONS OF CERTAIN AGES FOR PRIVATE PASSENGER-CARRYING VEHICLES AND PROPERTY-CARRYING VEHICLES WEIGHING FIVE THOUSAND POUNDS OR LESS, SO AS TO EXEMPT PERSONS WHO ARE SIXTY-FIVE YEARS OF AGE OR OLDER AND PERSONS WHO ARE HANDICAPPED FROM PAYING THE BIENNIAL REGISTRATION FEE FOR A PRIVATE PASSENGER-CARRYING VEHICLE, AND TO EXEMPT PERSONS WHO ARE SIXTY-FIVE YEARS OF AGE OR OLDER FROM PAYING THE BIENNIAL REGISTRATION FEE FOR A PROPERTY-CARRYING VEHICLE WITH A GROSS WEIGHT OF FIVE THOUSAND POUNDS OR LESS.

Referred to Committee on Education and Public Works.

H. 4007 -- Reps. Keyserling, Harvin, Cotty, Kirsh, Littlejohn, Cave, White, Witherspoon, Rhoad, Rogers, Simrill, Haskins, Knotts, Wilder, Riser, Richardson, McElveen and Jennings: A BILL TO AMEND SECTION 12-37-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VALUATION OF PROPERTY, DEPRECIATION ALLOWANCES FOR MANUFACTURER'S MACHINERY AND EQUIPMENT, AND THE DEPARTMENT OF REVENUE AND TAXATION'S AUTHORITY TO ADJUST DEPRECIATION ALLOWANCES, SO AS TO PROVIDE A PROCEDURE TO ESTABLISH THE FAIR MARKET VALUE OF A MOTOR VEHICLE LICENSED BY THE DEPARTMENT.

Referred to Committee on Ways and Means.

H. 4008 -- Reps. Govan, Cave, Cobb-Hunter, Stuart, Rhoad and Sharpe: A BILL TO AMEND ACT 346 OF 1975, RELATING TO THE TRICOUNTY COMMISSION ON ALCOHOL AND DRUG ABUSE, SO AS TO REVISE THE COMPOSITION OF THE COMMISSION; TO DELETE THE REQUIREMENT THAT THE CHAIRMANSHIP MUST ROTATE; TO ADD ADDITIONAL POWERS AND DUTIES; TO PROVIDE ADDITIONAL DISTRIBUTION OF COPIES OF THE COMMISSION AUDIT REPORT; AND TO PROVIDE THAT ALL MEMBERS CURRENTLY SERVING ON THE COMMISSION CONTINUE TO SERVE UNTIL THE EXPIRATION OF THEIR CURRENT TERMS.

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

H. 4009 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: CONSTRUCTION, DEMOLITION AND LAND-CLEARING DEBRIS LANDFILLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1786, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4010 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: USED OIL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1831, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4011 -- Reps. Huff and Clyburn: A BILL TO AMEND SECTION 20-7-3230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICES, DETENTION CENTERS, AND HOLDOVER FACILITIES FOR JUVENILES, SO AS TO PROVIDE THAT IN CENTERS AND FACILITIES OPERATED BY THE DEPARTMENT OF JUVENILE JUSTICE PER DIEM MUST BE PAID BY THE COUNTY COMMITTING A JUVENILE RATHER THAN THE GOVERNING BODY OF THE LAW ENFORCEMENT AGENCY HAVING ORIGINAL JURISDICTION WHERE THE OFFENSE OCCURRED.

Referred to Committee on Judiciary.

H. 4012 -- Reps. Townsend, Trotter and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 71 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF A SPECIAL LICENSE PLATE FOR FOREST PRODUCT HAULERS; TO AMEND SECTION 56-3-120, RELATING TO EXEMPTIONS FROM REGISTERING AND LICENSING VEHICLES, SO AS TO EXEMPT CERTAIN KNUCKLEBOOM LOADERS FROM REGISTRATION AND LICENSING; TO AMEND SECTION 56-5-4090, AS AMENDED, RELATING TO THE LENGTH OF LOAD ON CERTAIN POLE TRAILERS AND CARRIERS, SO AS TO DELETE RESTRICTIONS TO THE HOURS CERTAIN VEHICLES CAN TRAVEL ON THE STATE'S HIGHWAYS; TO AMEND SECTION 56-5-4630, RELATING TO THE ATTACHMENT OF A LAMP OR FLAG ON LOADS EXTENDING CERTAIN LENGTHS BEYOND THE BED OR BODY OF A MOTOR VEHICLE, SO AS TO REVISE THE DIMENSIONS OF THE FLAG THAT MUST BE ATTACHED TO THE LOAD; AND TO AMEND SECTION 58-23-50, RELATING TO CERTAIN FORMS OF TRANSPORTATION THAT ARE EXEMPTED FROM PUBLIC SERVICE COMMISSION REGULATIONS, SO AS TO EXEMPT THE TRANSPORTATION OF LOGS FROM COMMISSION REGULATION.

Referred to Committee on Education and Public Works.

H. 4013 -- Rep. Tucker: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 119 SO AS TO PROVIDE FOR RESEARCH, DETECTION, CONTROL, AND ABATEMENT OF RADON BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

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

H. 4014 -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2951 SO AS TO PROVIDE FOR AN ADMINISTRATIVE DRIVER'S LICENSE AND PERMIT REVOCATION PROCEDURE FOR A PERSON ARRESTED WHILE DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE AND TO PROVIDE THAT CERTAIN EVIDENCE PRESENTED IN THIS PROCEEDING MAY BE USED IN A CRIMINAL PROSECUTION; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF MOTOR VEHICLE LAWS, SO AS TO PROVIDE A DEFINITION FOR "ALCOHOL" AND "ALCOHOL CONCENTRATION"; TO AMEND SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF COMMERCIAL DRIVER'S LICENSES, SO AS TO ELIMINATE THE DEFINITION FOR "ALCOHOL" AND "ALCOHOL CONCENTRATION"; AND TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TEST OR BREATH, BLOOD, AND URINE TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS ON A MOTOR VEHICLE OPERATOR, SO AS TO REVISE THE NUMBER OF TESTS THAT MAY BE ADMINISTERED AND THE PROCEDURE FOR UTILIZING THE TEST RESULTS, TO DELETE THE DRIVER'S LICENSE AND PERMIT SUSPENSION PROCEDURE, AND TO MAKE TECHNICAL CHANGES.

Referred to Committee on Judiciary.

H. 4015 -- Rep. Wilkins: A BILL TO AMEND SECTION 33-37-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMENDMENTS TO CHARTERS FOR BUSINESS DEVELOPMENT CORPORATIONS, SO AS TO DELETE THE PROVISION PROHIBITING THE CREATION OF NEW CLASSES OF STOCK; TO AMEND SECTION 33-37-410, RELATING TO MEMBERS, STOCKHOLDERS, AND BONDHOLDERS OF THE CORPORATIONS, SO AS TO CLARIFY THE AUTHORIZED INVESTORS AND INVESTMENT LIMITS; TO AMEND SECTION 33-37-450, RELATING TO VOTING BY STOCKHOLDERS AND MEMBERS OF THE CORPORATION, SO AS TO REVISE THE PROVISIONS TO MAKE THEM CONSISTENT AND COMPATIBLE WITH HAVING NEW CLASSES OF STOCK; TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LOANS TO THE CORPORATION, SO AS TO REVISE THE PROVISIONS FOR LOAN LIMITS AND INVESTMENT LIMITS; TO AMEND SECTION 33-37-630, RELATING TO THE ELECTION OF THE BOARD OF DIRECTORS OF CORPORATIONS, SO AS TO CLARIFY THE REQUIREMENTS FOR ELECTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 33-37-470 SO AS TO AUTHORIZE THE ISSUANCE OF NEW CLASSES OF STOCK AND ARTICLE 9 TO CHAPTER 37, TITLE 33 SO AS TO PROVIDE FOR APPLICATION OF THE BUSINESS CORPORATIONS ACT.

Referred to Committee on Labor, Commerce and Industry.

H. 4016 -- Reps. Mason, Sharpe, Neilson, Kinon, Clyburn, Meacham, R. Smith, Richardson, Quinn, Huff and Spearman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-75-75 SO AS TO MAKE IT UNLAWFUL TO ENGAGE IN THE PRACTICE OF COUNSELING OR MARITAL AND FAMILY THERAPY UNLESS LICENSED UNDER CHAPTER 75 OR ANOTHER PROVISION OF STATE LAW AUTHORIZING SUCH PRACTICE AND TO PROVIDE PENALTIES.

Referred to Committee on Judiciary.

H. 4017 -- Reps. Cato, Tripp, Vaughn and Easterday: A BILL TO PROVIDE THAT THE SCHOOL DISTRICT OF GREENVILLE COUNTY IS SUBDIVIDED INTO FOUR SEPARATE SCHOOL DISTRICTS.

Referred to Committee on Education and Public Works.

H. 4018 -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-16-75 SO AS TO PROHIBIT A SPECIAL INSPECTOR FROM PERFORMING ELEVATOR INSPECTIONS UNDER CERTAIN CIRCUMSTANCES.

Referred to Committee on Labor, Commerce and Industry.

H. 4019 -- Reps. Simrill, Meacham and A. Young: A BILL TO AMEND SECTION 22-3-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING AND DOCKETING OF MAGISTRATE'S JUDGMENTS IN THE CIRCUIT COURT, SO AS TO PROVIDE THAT ANY PERSON WHO FAILS TO SATISFY A JUDGMENT AGAINST HIM IN A CIVIL ACTION RENDERED IN MAGISTRATE'S COURT WITHIN SIXTY DAYS AFTER IT HAS BEEN FILED AND DOCKETED IN THE CIRCUIT COURT AS PROVIDED ABOVE MAY BE PUNISHED BY A TERM OF IMPRISONMENT OF NOT MORE THAN SIXTY DAYS.

Referred to Committee on Judiciary.

H. 4020 -- Rep. Marchbanks: A BILL TO AMEND ACT 456 OF 1961, AS AMENDED, RELATING TO THE ISSUANCE OF BONDS BY CLEMSON UNIVERSITY FOR STUDENT AND FACULTY HOUSING FACILITIES, SO AS TO INCREASE FROM FORTY TO FORTY-FIVE MILLION DOLLARS THE AUTHORIZED AMOUNT OF THE BONDS AND TO EXTEND THE CAPITALIZED INTEREST PERIOD FROM ONE TO TWO YEARS.

Referred to Committee on Ways and Means.

H. 4021 -- Reps. Stille and Cooper: A JOINT RESOLUTION TO AMEND ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE, TAXATION, AND BONDED DEBT, BY ADDING SECTION 23 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF A RESERVE FUND FOR THE CONTINGENCY OF THE FEDERAL GOVERNMENT'S DECLARATION OF BANKRUPTCY SO THAT THE STATE OF SOUTH CAROLINA WILL HAVE SUFFICIENT FUNDS SET ASIDE AND IN RESERVE WHEN THAT ANTICIPATED DISASTER OCCURS.

Referred to Committee on Ways and Means.

H. 4022 -- Rep. Cooper: A BILL TO AMEND SECTION 40-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF "GENERAL CONTRACTOR" AND "MECHANICAL CONTRACTOR", SO AS TO INCREASE THE THRESHOLD AMOUNTS OF THE COST OF THE UNDERTAKING A PERSON WOULD AGREE TO ACCEPT TO COME WITHIN THE MEANING OF THESE TWO DEFINITIONS.

Referred to Committee on Labor, Commerce and Industry.

H. 4023 -- Rep. Davenport: A BILL TO AMEND SECTION 40-13-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL RENEWAL OF COSMETOLOGISTS LICENSES AND THE REQUIREMENT THAT APPLICANTS COMPLETE CERTAIN CONTINUING EDUCATION, SO AS TO PROVIDE THAT ANY PERSON WHO HAS HELD A LICENSE FOR AT LEAST TEN CONSECUTIVE YEARS MAY ONLY BE REQUIRED TO TAKE CONTINUING EDUCATION COURSES IN HEALTH-RELATED SUBJECTS.

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

H. 4024 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-657 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES SHALL NOTIFY A PERSON OF HIS RIGHTS WHEN THE PERSON IS IDENTIFIED AS THE PERPETRATOR IN AN ALLEGED CASE OF ABUSE OR NEGLECT; TO PROHIBIT THE DEPARTMENT FROM CONTACTING A MINOR FAMILY MEMBER OF THE SUBJECT OF A REPORT OF ABUSE OR NEGLECT UNLESS THE CHILD'S PARENTS CONSENT; AND TO AUTHORIZE ATTORNEY'S FEES TO AN ALLEGED PERPETRATOR OF ABUSE OR NEGLECT WHEN THE REPORT IS DETERMINED TO BE UNFOUNDED.

Referred to Committee on Judiciary.

H. 4025 -- Rep. Davenport: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY THE CHILD ABUSE AND NEGLECT LAWS OF THIS STATE; TO PROVIDE FOR ITS MEMBERSHIP, DUTIES, AND STAFFING; AND TO PROVIDE THAT THE TASK FORCE IS ABOLISHED UPON SUBMISSION OF ITS REPORT AND RECOMMENDATIONS.

Referred to Committee on Judiciary.

H. 4026 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-565 SO AS TO CREATE A MISDEMEANOR FOR KNOWINGLY MAKING A FALSE REPORT OF ABUSE OR NEGLECT AND TO SUBJECT A PERSON MAKING A FALSE REPORT TO LIABILITY FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; AND BY ADDING SECTION 20-7-567 SO AS TO SUBJECT THE DEPARTMENT OF SOCIAL SERVICES TO A FINE OF UP TO TEN THOUSAND DOLLARS AND LIABILITY FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS FOR VIGOROUSLY PURSUING THE INVESTIGATION OR PROSECUTION OF A REPORT OF ABUSE OR NEGLECT THAT THE DEPARTMENT KNEW OR SHOULD HAVE KNOWN WAS FALSE.

Referred to Committee on Judiciary.

H. 4027 -- Rep. Davenport: A BILL TO AMEND SECTION 5-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERNATE METHOD OF ANNEXATION WHERE PROPERTY MAY BE ANNEXED BY A PETITION SIGNED BY SEVENTY-FIVE PERCENT OF THE FREEHOLDERS OWNING SEVENTY-FIVE PERCENT OF THE ASSESSED VALUE OF THE PROPERTY, SO AS TO PROVIDE THAT NO PROPERTY MAY BE ANNEXED UNLESS THE ANNEXING MUNICIPALITY PUBLISHES A SERVICE PLAN AND REQUIRES A FISCAL IMPACT STATEMENT SHOWING THE FEES AND TAXES WHICH WOULD BE LEVIED ON ALL PROPERTY LOCATED IN THE AREA TO BE ANNEXED, AND TO PROVIDE AN ALTERNATE METHOD OF DEANNEXING PROPERTY ANNEXED USING THIS METHOD.

Referred to Committee on Judiciary.

H. 4028 -- Rep. Sharpe: A BILL TO AMEND SECTION 50-13-1750, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME FISH BREEDERS, SO AS TO REVISE LICENSE REQUIREMENTS, DEFINE CULTURED GAME FISH, AND REVISE PENALTIES.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 4029 -- Reps. Rhoad, Riser and Witherspoon: A BILL TO AMEND ARTICLE 8, CHAPTER 17, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHAD, HERRING AND STURGEON, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF SHAD, HERRING, AND STURGEON.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 4030 -- Reps. Fair, Allison and Cobb-Hunter: A JOINT RESOLUTION TO ESTABLISH THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES, TO PROVIDE FOR ITS MEMBERSHIP OF THREE MEMBERS OF THE HOUSE OF REPRESENTATIVES, THREE MEMBERS OF THE SENATE, AND THREE GUBERNATORIAL APPOINTEES, AND TO FURTHER PROVIDE THAT THE COMMITTEE SHALL STUDY ISSUES RELATING TO CHILDREN AND FAMILIES AS DIRECTED OR REQUESTED BY THE GENERAL ASSEMBLY.

On motion of Rep. FAIR, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4031 -- Reps. Meacham, Herdklotz, Cato, Lloyd, Simrill, Easterday, Mason, Harwell, Trotter, Wright, Kirsh, Vaughn, Tripp, Riser and D. Smith: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE FAMILY COURT TO ORDER CHILD SUPPORT, SO AS TO PROHIBIT THE COURT FROM ORDERING PAYMENT OF POST SECONDARY EDUCATIONAL EXPENSES OF A CHILD.

Referred to Committee on Judiciary.

H. 4032 -- Rep. Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-12 SO AS TO REQUIRE THE CLERK OF COURT IN EACH COUNTY TO PREPARE A MONTHLY PUBLIC REGISTER CONTAINING CERTAIN INFORMATION REGARDING DEFENDANTS RELEASED ON THEIR OWN RECOGNIZANCE, TO REQUIRE THE CLERK OF COURT OF EACH COUNTY TO ANNUALLY SUBMIT CERTAIN INFORMATION TO THE OFFICE OF COURT ADMINISTRATION REGARDING DEFENDANTS RELEASED ON THEIR OWN RECOGNIZANCE, AND TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO SUBMIT THE INFORMATION IT RECEIVES FROM THE CLERK OF COURT TO THE GOVERNOR AND GENERAL ASSEMBLY IN AN ANNUAL REPORT.

Referred to Committee on Judiciary.

H. 4033 -- Reps. Wilkins, Witherspoon and Sharpe: A BILL TO AMEND SECTION 50-3-316, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO DELETE THE PROVISIONS FOR EMPLOYMENT BASED ON COUNTY OF RESIDENCE.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 4034 -- Reps. Shissias, Meacham, J. Harris, Cromer, Cobb-Hunter, Inabinett, Seithel, Neilson, Cato, Lloyd, Wofford, Sharpe, Simrill, Allison, A. Young, Govan, Stuart, Neal, Moody-Lawrence, Rice, McElveen, Beatty, Littlejohn, Harrison, Harrell, Wells and Cave: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 122 SO AS TO DIRECT THE SOUTH CAROLINA HUMAN SERVICES COORDINATING COUNCIL TO DEVELOP AND COORDINATE THE IMPLEMENTATION OF COMMUNITY-BASED ADOLESCENT PREGNANCY PREVENTION PROGRAMS THROUGH FUNDING AVAILABLE FROM THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND TO PROVIDE REQUIREMENTS FOR LOCAL PROJECTS AND SELECTION PROCEDURES.

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

H. 4035 -- Rep. Richardson: A BILL TO AMEND SECTION 38-73-760, AS AMENDED, RELATING TO THE STATE RATING AND STATISTICAL DIVISION AND UNIFORM STATISTICAL PLANS, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, GRANT A SAFE DRIVER DISCOUNT BASED UPON THE INSURED'S THREE YEAR DRIVING RECORD OF NO LESS THAN TEN PERCENT SAFE DRIVER DISCOUNT AND REQUIRE NO LESS THAN TWENTY PERCENT SAFE DRIVER DISCOUNT FOR DRIVERS HAVING NO CHARGEABLE ACCIDENTS OR VIOLATIONS FOR FIVE YEARS RATHER THAN REQUIRE NO LESS THAN TWENTY PERCENT SAFE DRIVER DISCOUNT FOR THOSE ALL ELIGIBLE; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, AUTOMOBILE INSURERS, INCLUDING THOSE COMPANIES WRITING PRIVATE PASSENGER PHYSICAL DAMAGE COVERAGES ONLY, MAY, RATHER THAN "SHALL", MAKE COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE AVAILABLE TO AN INSURED OR QUALIFIED APPLICANT WHO REQUESTS THE COVERAGE, HOWEVER, ASSIGNED PRODUCERS "SHALL OFFER" AND "MAKE" COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE AVAILABLE TO AN INSURED OR QUALIFIED APPLICANT WHO REQUESTS THE COVERAGE, THAT BEGINNING JANUARY 1, 1996, AND ANNUALLY THEREAFTER, THE FACILITY PHYSICAL DAMAGE RATE FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE FACILITY MUST BE CALCULATED SO THAT THE PROJECTED LOSS RATIO FOR RISKS SUBJECT TO THE FACILITY PHYSICAL DAMAGE RATE IS NO MORE THAN ONE HUNDRED PERCENT; AND THAT ALL PHYSICAL DAMAGE COVERAGES ARE CEDED AT THE FACILITY PHYSICAL DAMAGE RATE; TO AMEND SECTION 38-77-540, RELATING TO THE DUTIES OF A CEDING INSURER, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE FACILITY SHALL ACCEPT CESSIONS OF PHYSICAL DAMAGE COVERAGES AT THE FACILITY PHYSICAL DAMAGE RATE, THAT A FACILITY PHYSICAL DAMAGE RATE FOR CEDED RISKS IS ESTABLISHED OVER TWO YEARS; TO AMEND SECTION 38-77-600, AS AMENDED, RELATING TO THE REINSURANCE FACILITY RECOUPMENT CHARGE, SO AS TO, AMONG OTHER THINGS, REVISE THE FORMULA USED TO CALCULATE RECOUPMENT FOR ALL PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES ISSUED OR RENEWED JUNE 30, 1995; AND TO REQUIRE ALL INSURERS SUBJECT TO 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, AND PROVIDE THAT THESE FILINGS MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT.

Referred to Committee on Labor, Commerce and Industry.

H. 4036 -- Rep. Boan: A BILL TO AMEND SECTION 12-7-1140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOCATION OF INCOME FOR PURPOSES OF THE STATE INCOME TAX FOR MULTISTATE BUSINESSES ENGAGED IN MANUFACTURING, OR ANY FORM OF COLLECTING, BUYING, ASSEMBLING, OR PROCESSING GOODS OR MATERIALS IN THIS STATE, OR SELLING, DISTRIBUTING, OR DEALING IN TANGIBLE PERSONAL PROPERTY IN THIS STATE, SO AS TO PROVIDE THAT FOR TAX YEARS BEGINNING AFTER 1994, THE SALES FACTOR MUST BE USED TWICE IN COMPUTING NET INCOME OF THE BUSINESS SUBJECT TO INCOME TAX IN THIS STATE.

Referred to Committee on Ways and Means.

H. 4037 -- Rep. Boan: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO ADD FORMER COUNTY COUNCIL MEMBERS WHO SERVED AT LEAST TWELVE YEARS ON COUNTY COUNCIL AND TO REQUIRE THESE MEMBERS TO PAY THE EMPLOYER AND EMPLOYEE CONTRIBUTIONS UNDER THE PLAN.

Referred to Committee on Ways and Means.

H. 4038 -- Rep. Klauber: A BILL TO AMEND SECTION 22-3-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTEMPT POWERS OF MAGISTRATES, SO AS TO FURTHER PROVIDE FOR THESE CONTEMPT POWERS.

Referred to Committee on Judiciary.

H. 4039 -- Rep. Richardson: A BILL TO AMEND SECTION 38-73-1425, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FINAL RATE OR PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT BEGINNING JANUARY 1, 1995, AND ANNUALLY THEREAFTER, THE FINAL RATE OR PREMIUM CHARGE FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE FACILITY MUST BE CALCULATED SO THAT THE PROJECTED COMBINED RATIO FOR RISKS SUBJECT TO THE FINAL RATE OR PREMIUM CHARGES IS NO MORE THAN ONE HUNDRED PERCENT; TO PROVIDE, AMONG OTHER THINGS, THAT THE PROVISIONS OF SECTION 38-73-1425, AS AMENDED BY THIS ACT, ARE EFFECTIVE ON JANUARY 1, 1996, AND THAT THIS RATE ADJUSTMENT TO A PROJECTED COMBINED RATIO OF ONE HUNDRED PERCENT OR LESS MUST OCCUR EVENLY OVER A TWO-YEAR PERIOD BEGINNING ON JANUARY 1, 1996; AND TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-458 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT INSURERS OF PRIVATE PASSENGER AUTOMOBILE INSURANCE AND INDIVIDUAL MEMBERS OF RATING ORGANIZATIONS MAY ELECT TO FILE PRIVATE PASSENGER AUTOMOBILE INSURANCE RATES OR PREMIUM CHARGES UNDER THE "INDEX FILE AND USE" RATING METHODOLOGY DESCRIBED IN THIS SECTION.

Referred to Committee on Labor, Commerce and Industry.

H. 4040 -- Rep. Cromer: A JOINT RESOLUTION DIRECTING THE STATE DEPARTMENT OF EDUCATION TO CONDUCT A STUDY ON THE FEASIBILITY OF SELLING ADVERTISING SPACE ON SCHOOL BUSES.

Referred to Committee on Education and Public Works.

H. 4041 -- Rep. Fulmer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2155 SO AS TO PROVIDE THE CONTENT OF THE SCHOOL BUS RESTRICTED AND SCHOOL ENDORSEMENT COMMERCIAL DRIVER'S LICENSE TESTS, TO REQUIRE A SCHOOL BUS DRIVER TO COMPLETE INSERVICE TRAINING, TO REQUIRE THE DEPARTMENT OF EDUCATION TO APPROVE THE CONTENT OF THE SCHOOL BUS RESTRICTED AND THE SCHOOL ENDORSEMENT COMMERCIAL DRIVER'S LICENSE TESTS, TO PROVIDE THE COST FOR TRAINING, PERMITTING, AND TESTING NECESSARY TO OBTAIN A SCHOOL BUS RESTRICTED COMMERCIAL DRIVER'S LICENSE, TO PROVIDE THE FEE STRUCTURE FOR THE SCHOOL ENDORSEMENT COMMERCIAL DRIVER'S LICENSE, AND TO REQUIRE APPLICANTS FOR THE SCHOOL BUS OR SCHOOL ENDORSEMENT COMMERCIAL DRIVER'S LICENSES TO COMPLETE A MEDICAL EXAM; TO AMEND SECTIONS 56-1-2030, AS AMENDED, 56-1-2050, AS AMENDED, 56-1-2070, 56-1-2080, 56-1-2090, 56-1-2100, AS AMENDED, 56-1-2110, AS AMENDED, AND 56-1-2150 RELATING TO THE SOUTH CAROLINA COMMERCIAL DRIVER LICENSE ACT, SO AS TO INCLUDE DEFINITIONS FOR "SCHOOL BUS DRIVER" AND "INSTRUCTOR OF DRIVER TRAINING AND SAFETY"; TO REQUIRE THE OPERATOR OF A SCHOOL BUS INVOLVED IN A TRAFFIC VIOLATION TO PROVIDE HIS EMPLOYER THIS INFORMATION, AND TO PROHIBIT A SCHOOL BUS DRIVER WHO VIOLATES THIS PROVISION FROM OPERATING A SCHOOL BUS; TO REQUIRE A PERSON WHO OBTAINS A COMMERCIAL DRIVER'S LICENSE TO OPERATE A SCHOOL BUS TO OBTAIN A SCHOOL BUS RESTRICTED OR A SCHOOL BUS ENDORSEMENT COMMERCIAL DRIVER'S LICENSE; TO SPECIFY WHO MAY ADMINISTER THE SCHOOL BUS RESTRICTED COMMERCIAL DRIVER'S LICENSE AND THE SCHOOL ENDORSEMENT FOR A COMMERCIAL DRIVER'S LICENSE SKILLS TESTS, AND TO PROHIBIT A SCHOOL BUS DRIVER FROM WAIVING THE SKILLS TESTS; TO REVISE THE FEE A PUBLIC SCHOOL BUS DRIVER MUST PAY TO OBTAIN A SCHOOL BUS RESTRICTED COMMERCIAL DRIVER'S LICENSE, AND TO PROVIDE THE PROCEDURE THE ISSUANCE AND RENEWAL OF COMMERCIAL DRIVER'S LICENSES, SCHOOL BUS DRIVER CERTIFICATIONS, SCHOOL BUS COMMERCIAL DRIVER'S LICENSES, AND SCHOOL ENDORSEMENT COMMERCIAL DRIVER'S LICENSES; TO REQUIRE A PERSON ISSUED A LICENSE WITH A SCHOOL BUS RESTRICTION TO ONLY OPERATE A SCHOOL BUS; TO DISQUALIFY PERSONS WHO HAVE COMMITTED CERTAIN ACTS TO BE DISQUALIFIED FROM OPERATING A SCHOOL BUS; TO PROVIDE THE TESTING A PERSON WHO HAS BEEN ISSUED A COMMERCIAL DRIVER'S LICENSE IN ANOTHER STATE MUST RECEIVE TO BE PERMITTED TO OPERATE A SCHOOL BUS IN THIS STATE, AND TO REQUIRE THE DEPARTMENT OF REVENUE AND TAXATION AND THE DEPARTMENT OF EDUCATION TO DETERMINE WHETHER ANOTHER STATE'S TESTING PROCEDURE IS ACCEPTABLE; AND TO PROVIDE THAT THE TERM "DRIVER LICENSE" SHALL MEAN "DRIVER'S LICENSE" WHEREVER IT APPEARS IN THE CODE AND TO PERMIT THE CODE COMMISSIONER TO MAKE THE APPROPRIATE CHANGES IN THE CODE TO CONFORM WITH THIS PROVISION.

Referred to Committee on Education and Public Works.

H. 4042 -- Reps. Simrill and Elliott: A JOINT RESOLUTION TO PROVIDE FOR TEMPORARY QUALIFICATIONS AND FEES FOR LICENSURE AS A HOME INSPECTOR.

Referred to Committee on Labor, Commerce and Industry.

H. 4043 -- Reps. Simrill and Elliott: A JOINT RESOLUTION TO EXTEND THE EFFECTIVE DATE OF SECTIONS 3 AND 4 OF ACT 463 OF 1994, RELATING TO HOME AND COMMERCIAL INSPECTORS.

Referred to Committee on Labor, Commerce and Industry.

H. 4044 -- Reps. Kinon, Jennings and Harwell: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1995, AND ENDING JUNE 30, 1996.

On motion of Rep. KINON, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4045 -- Rep. Rogers: A BILL TO AMEND SECTION 8-13-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO INCLUDE THE MEMBERS OF THE HOUSE OF REPRESENTATIVES WITHIN JURISDICTION OF THE COMMISSION; AND TO AMEND ARTICLE 5, CHAPTER 13, TITLE 8, RELATING TO THE HOUSE OF REPRESENTATIVES AND SENATE ETHICS COMMITTEES, SO AS TO DELETE REFERENCES TO THE HOUSE ETHICS COMMITTEE.

Referred to Committee on Judiciary.

H. 4046 -- Rep. Rogers: A BILL TO AMEND SECTIONS 59-117-10 AND 59-117-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF THE UNIVERSITY OF SOUTH CAROLINA, SO AS TO PROVIDE THAT THE STUDENT GOVERNMENT PRESIDENT OF THE UNIVERSITY OF SOUTH CAROLINA - COLUMBIA CAMPUS IS AN EX OFFICIO MEMBER OF THE BOARD.

Referred to Committee on Education and Public Works.

H. 4047 -- Rep. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-25 SO AS TO REQUIRE APPROPRIATIONS BY THE GENERAL ASSEMBLY TO VETERANS' ORGANIZATIONS TO INCLUDE AN APPROPRIATION IN A LIKE AMOUNT AND UNDER THE SAME TERMS AND CONDITIONS TO THE VIETNAM VETERANS OF AMERICA, INC., AND TO REQUIRE THIS APPROPRIATION TO BE IN ADDITION TO FUNDS PREVIOUSLY APPROPRIATED FOR VETERANS' ORGANIZATIONS.

Referred to Committee on Ways and Means.

H. 4048 -- Reps. Spearman and Rogers: A BILL TO AMEND SECTION 12-21-820, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS LICENSE TAXES ON TOBACCO PRODUCTS, SO AS TO DELETE BOND REQUIREMENTS FOR NONRESIDENTS.

Referred to Committee on Ways and Means.

H. 4049 -- Reps. Bailey and Wright: A BILL TO AMEND CHAPTER 49, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROFESSIONAL OCCUPATIONS OF PLUMBERS AND PLUMBING, SO AS TO ESTABLISH A MECHANICAL CONTRACTORS BOARD AND PROVIDE FOR DUTIES OF THE BOARD; TO AMEND SECTION 40-73-15, AS AMENDED, RELATING TO THE PROFESSIONS AND OCCUPATIONS TO BE ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION, SO AS TO ADD MECHANICAL CONTRACTORS; TO AMEND SECTION 40-59-15, AS AMENDED, RELATING TO RESIDENTIAL SPECIALTY CONTRACTORS, SO AS TO DELETE PLUMBERS, ELECTRICIANS, AND HEATING AND AIR CONDITIONING INSTALLERS AND REPAIRERS FROM THE LIST OF PROFESSIONAL OCCUPATIONS TO WHICH THE TERM "RESIDENTIAL SPECIALTY CONTRACTOR" IS LIMITED; AND TO AMEND CHAPTER 11, TITLE 40 RELATING TO CONTRACTORS, SO AS TO DELETE REFERENCES TO "MECHANICAL CONTRACTORS" AND PLUMBING, ELECTRICAL, OR HEATING AND AIR CONDITIONING CONTRACTORS.

Referred to Committee on Labor, Commerce and Industry.

H. 4050 -- Reps. Govan, Neal, Howard, Moody-Lawrence and Spearman: A BILL TO AMEND TITLE 44, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, BY ADDING ARTICLE 23 SO AS TO ENACT THE CHILDREN'S EMERGENCY MEDICAL SERVICES ACT, TO ESTABLISH THE EMERGENCY MEDICAL SERVICES FOR CHILDREN PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO PROVIDE FOR ITS DUTIES, AND TO CREATE AN ADVISORY COUNCIL TO THE PROGRAM.

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

H. 4051 -- Reps. Govan, S. Whipper and Byrd: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-595 SO AS TO PROVIDE DEFINITIONS, TO PROVIDE CIVIL LIABILITY FOR AND THE RECOVERY OF DAMAGES FROM A PERSON WHO PARTICIPATES IN THE ILLEGAL DRUG MARKET WITHIN THE STATE, TO PROVIDE A STATUTE OF LIMITATIONS FOR THE FILING OF A CIVIL ACTION, TO PROVIDE FOR THE REPRESENTATION OF A GOVERNMENTAL ENTITY IN A CIVIL ACTION FILED PURSUANT TO THIS SECTION, AND TO AUTHORIZE A STAY OF AN ACTION UNDER CERTAIN CIRCUMSTANCES.

Referred to Committee on Judiciary.

H. 4052 -- Rep. Carnell: A BILL TO AMEND SECTION 56-1-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EYE EXAMINATION REQUIRED FOR RENEWAL OF A DRIVER'S LICENSE, THE CERTIFICATION OF MINIMUM VISION STANDARDS, AND THE PENALTIES FOR OPERATING A MOTOR VEHICLE WHEN A PERSON'S VISION IS DEFECTIVE, SO AS TO PERMIT A PERSON WHOSE DEGREE OF VISION IS LESS THAN 20/40 BUT BETTER THAN 20/200 TO OBTAIN A DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES.

Referred to Committee on Education and Public Works.

H. 4053 -- Rep. McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-27-265 SO AS TO PROVIDE THAT PARTICIPANTS IN THE TECH PREP PROGRAM ARE INELIGIBLE FOR UNEMPLOYMENT COMPENSATION BENEFITS.

Referred to Committee on Labor, Commerce and Industry.

H. 4054 -- Rep. McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT THE PROVISIONS OF TITLE 42, WORKERS' COMPENSATION, APPLY TO AND INCLUDE ALL PARTICIPANTS IN THE TECH PREP PROGRAM, WHETHER COMPENSATED OR NOT, WHILE THEY ARE ON THE PREMISES OF A PARTICIPATING EMPLOYER, AND BY ADDING SECTION 42-1-55 SO AS TO PROVIDE THAT THE WORKERS' COMPENSATION RATE FOR TECH PREP PROGRAM PARTICIPANTS SHALL BE FIFTY PERCENT OF THE AVERAGE WEEKLY WAGE IN THE STATE FOR THE PRECEDING FISCAL YEAR OR THE SAME RATE THAT THE EMPLOYER PAYS TO COMPARABLE EMPLOYEES, AND REQUIRE THE WORKERS' COMPENSATION COMMISSION TO ENFORCE THIS SECTION BY THE PROMULGATION OF APPROPRIATE REGULATIONS.

Referred to Committee on Labor, Commerce and Industry.

H. 4055 -- Rep. Cato: A BILL TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING ACT, SO AS TO DEFINE "MANUFACTURED HOME CONTRACTOR", "MANUFACTURED HOME INSTALLER", AND "MANUFACTURED HOME REPAIRER"; TO AMEND SECTION 40-29-30, RELATING TO THE MANUFACTURED HOUSING BOARD, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO TEN; TO AMEND SECTION 49-29-100, AS AMENDED, RELATING TO LICENSES TO SELL MANUFACTURED HOMES, SO AS TO ALSO REQUIRE A MANUFACTURED HOME CONTRACTOR, INSTALLER, AND REPAIRER TO BE LICENSED AND TO PROVIDE ADDITIONAL LICENSING REQUIREMENTS; TO AMEND SECTION 40-29-110, AS AMENDED, RELATING TO EXAMINATION REQUIREMENTS FOR LICENSURE, SO AS TO ALSO PROVIDE THAT A MANUFACTURED HOME CONTRACTOR, INSTALLER, OR REPAIRER MUST COMPLETE ANY TRAINING REQUIRED BY THE BOARD; TO AMEND SECTION 40-29-120, RELATING TO SURETY BOND REQUIREMENTS, SO AS TO PROVIDE BOND REQUIREMENTS FOR MANUFACTURED HOME CONTRACTORS, INSTALLERS, AND REPAIRERS; TO AMEND SECTION 40-29-130, RELATING TO REQUIREMENTS FOR INDEMNIFICATION FROM SECURITY, SO AS TO INCLUDE MANUFACTURED HOME CONTRACTORS, INSTALLERS, AND REPAIRERS IN THESE REQUIREMENTS; TO AMEND SECTION 40-29-150, RELATING TO GROUNDS FOR DISCIPLINE, SO AS TO ALSO APPLY STANDARDS TO MANUFACTURED HOME INSTALLATION, REPAIR, AND MODIFICATION; TO AMEND SECTION 40-29-160, AS AMENDED, RELATING TO PENALTIES, SO AS TO PROVIDE THAT AN ADMINISTRATIVE PENALTY MAY APPLY TO A PERSON ENGAGING IN ANY ACTIVITY FOR WHICH A LICENSE IS REQUIRED UNDER CHAPTER 29; AND TO AMEND SECTION 40-29-170, RELATING TO WARRANTY REQUIREMENTS, SO AS TO INCLUDE REQUIREMENTS FOR MANUFACTURED HOME CONTRACTORS, INSTALLERS, AND REPAIRERS.

Referred to Committee on Labor, Commerce and Industry.

H. 4056 -- Reps. McTeer and Haskins: A BILL TO AMEND SECTION 12-14-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS FOR PURPOSES OF THE ECONOMIC IMPACT ZONE COMMUNITY DEVELOPMENT ACT OF 1995, SO AS TO REVISE THE DEFINITION OF "ECONOMIC IMPACT ZONE" TO INCLUDE THE TOTAL AREA OF THIS STATE.

Referred to Committee on Ways and Means.

H. 4057 -- Rep. McTeer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-14-35 SO AS TO INCLUDE AS AN ECONOMIC IMPACT ZONE FOR PURPOSES OF THE ECONOMIC IMPACT ZONE COMMUNITY DEVELOPMENT ACT OF 1995 A COUNTY OR MUNICIPALITY ANY PORTION OF WHICH IS WITHIN FIFTY MILES OF THE BOUNDARIES OF A SITE UNDER THE CONTROL OF THE UNITED STATES DEPARTMENT OF ENERGY USED TO PRODUCE FISSIONABLE MATERIAL FOR NUCLEAR WEAPONS.

Referred to Committee on Ways and Means.

H. 4058 -- Reps. Martin and Kelley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-385 SO AS TO ALLOW THE DEPARTMENT OF PUBLIC SAFETY TO AUTHORIZE THE ISSUANCE OF A DRIVER'S LICENSE TO A PERSON WHOSE LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE HAS BEEN SUSPENDED OR REVOKED FOR A PERIOD LONGER THAN FIVE YEARS WHEN THE PERSON HAS HAD NO VIOLATIONS AFFECTING HIS LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE FOR A PERIOD OF FIVE YEARS IMMEDIATELY BEFORE THE FILING OF HIS APPLICATION.

Referred to Committee on Education and Public Works.

H. 4059 -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2951 SO AS TO PROVIDE FOR AN ADMINISTRATIVE DRIVER'S LICENSE AND PERMIT REVOCATION PROCEDURE FOR A PERSON ARRESTED WHILE DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE AND TO PROVIDE THAT CERTAIN EVIDENCE PRESENTED IN THIS PROCEEDING MAY BE USED IN A CRIMINAL PROSECUTION; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF MOTOR VEHICLE LAWS, SO AS TO PROVIDE A DEFINITION FOR "ALCOHOL" AND "ALCOHOL CONCENTRATION"; TO AMEND SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF COMMERCIAL DRIVER'S LICENSES, SO AS TO ELIMINATE THE DEFINITION FOR "ALCOHOL" AND "ALCOHOL CONCENTRATION"; AND TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TEST OR BREATH, BLOOD, AND URINE TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS ON A MOTOR VEHICLE OPERATOR, SO AS TO REVISE THE NUMBER OF TESTS THAT MAY BE ADMINISTERED AND THE PROCEDURE FOR UTILIZING THE TEST RESULTS, TO DELETE THE DRIVER'S LICENSE AND PERMIT SUSPENSION PROCEDURE, AND TO MAKE TECHNICAL CHANGES.

Referred to Committee on Judiciary.

H. 4060 -- Rep. Wilkins: A BILL TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF MOTOR VEHICLE LAWS, SO AS TO PROVIDE A DEFINITION FOR "ALCOHOL" AND "ALCOHOL CONCENTRATION"; TO AMEND SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF COMMERCIAL DRIVER'S LICENSES, SO AS TO ELIMINATE THE DEFINITION FOR "ALCOHOL" AND "ALCOHOL CONCENTRATION"; TO AMEND SECTION 56-5-2930, RELATING TO THE UNLAWFUL USE OF NARCOTICS, LIQUOR, DRUGS, OR SIMILAR SUBSTANCES BY A MOTOR VEHICLE DRIVER, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH A PERSON MAY NOT OPERATE A MOTOR VEHICLE.

Referred to Committee on Judiciary.

H. 4061 -- Rep. Cotty: A BILL TO AMEND SECTIONS 56-1-40 AND 56-1-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF DRIVERS' LICENSES AND BEGINNERS' PERMITS, SO AS TO INCREASE THE AGE FROM FIFTEEN TO SIXTEEN WHEN A PERSON MAY OBTAIN A LICENSE OR PERMIT; AND TO REPEAL SECTION 56-1-180 RELATING TO SPECIAL RESTRICTED DRIVERS' LICENSES FOR CERTAIN MINORS.

Referred to Committee on Education and Public Works.

H. 4062 -- Reps. Haskins, Herdklotz, Townsend, Cooper, Wright, Simrill, Vaughn, Fair, Huff, Wells, Easterday, Klauber and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-25-30 SO AS TO PROVIDE THAT BUS SHELTERS MAY BE ERECTED AND MAINTAINED WITHIN THE RIGHTS-OF-WAY OF PUBLIC ROADS UPON AUTHORIZATION OF THE APPROPRIATE GOVERNMENTAL AUTHORITY, AND TO PROVIDE FOR THE MANNER IN WHICH ADVERTISING MAY BE PLACED IN THESE BUS SHELTERS.

Referred to Committee on Education and Public Works.

H. 4063 -- Reps. Haskins, Herdklotz, Easterday, Wells, Simrill, Klauber, Vaughn, Fair and Huff: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-160 SO AS TO MAKE IT UNLAWFUL FOR A BUSINESS ESTABLISHMENT SELLING GASOLINE OR OTHER MOTOR FUELS AND WHICH POSSESSES A PERMIT TO SELL BEER AND WINE TO SELL REFRIGERATED OR CHILLED BEER AND WINE, TO MAKE IT UNLAWFUL FOR SUCH ESTABLISHMENTS TO SELL FEWER THAN SIX SEPARATE CONTAINERS OF BEER TO ONE CUSTOMER, AND TO PROVIDE A PENALTY FOR VIOLATIONS.

Referred to Committee on Judiciary.

H. 4064 -- Rep. Cato: A BILL TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING ACT, SO AS TO DEFINE "MOBILE HOME" AND TO REVISE THE DEFINITION OF "MANUFACTURED HOME"; TO AMEND SECTION 40-29-40, RELATING TO STATE POLICY FOR SAFETY IN CONSTRUCTION OF MANUFACTURED HOMES, SO AS TO PROVIDE THAT THIS CHAPTER ALSO APPLIES TO MOBILE HOMES; AND TO AMEND SECTION 40-29-100, AS AMENDED, RELATING TO LICENSURE TO SELL MANUFACTURED HOMES, SO AS TO PROVIDE THAT GROUNDS FOR DENYING A LICENSE INCLUDE CRIMINAL CONDUCT AND VIOLATION OF CHAPTER 29, TITLE 40.

Referred to Committee on Labor, Commerce and Industry.

H. 4065 -- Reps. Knotts, Tucker, Wright, Riser and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-145 SO AS TO REQUIRE THE VICTIM COMPENSATION FUND TO COMPENSATE A PAWNBROKER FOR PROPERTY SEIZED UNDER CERTAIN CIRCUMSTANCES, TO REQUIRE THE FUND TO BE REIMBURSED BY AN OWNER RETRIEVING SEIZED PROPERTY, AND TO REQUIRE A LAW ENFORCEMENT AGENCY TO REIMBURSE THE FUND WITH THE PROCEEDS FROM THE SALE OF SEIZED PROPERTY.

Referred to Committee on Judiciary.

H. 4066 -- Rep. P. Harris: A BILL TO AMEND SECTION 44-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE MENTAL HEALTH FACILITIES SO AS TO REVISE THE USE OF CERTAIN FACILITIES.

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

H. 4067 -- Rep. D. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-425 SO AS TO PROVIDE THE CIRCUMSTANCES IN WHICH A PERSON MAY CARRY A CONCEALED OR NONCONCEALED WEAPON; TO AMEND SECTION 16-23-50, AS AMENDED, RELATING TO PENALTIES AND DISPOSITION OF FINES ASSOCIATED WITH THE UNLAWFUL CARRYING OF A WEAPON, SO AS TO PROVIDE THAT THE UNLAWFUL CARRYING OF A PISTOL IS A FELONY; TO AMEND SECTION 16-23-405, RELATING TO THE DEFINITION OF "WEAPON" AND THE CONFISCATION AND DISPOSITION OF WEAPONS USED DURING THE COMMISSION OR IN THE FURTHERANCE OF CRIME, SO AS TO REVISE THE DEFINITION OF "WEAPON"; TO AMEND SECTION 16-23-410, AS AMENDED, RELATING TO POINTING A FIREARM AT A PERSON, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 16-23-420, AS AMENDED, RELATING TO CARRYING OR DISPLAYING FIREARMS IN PUBLIC BUILDINGS OR ADJACENT BUILDINGS, SO AS TO REVISE THE AREAS WHERE A PERSON MAY NOT CARRY A WEAPON, THE TYPES OF WEAPONS THAT MAY NOT BE CARRIED, THE PENALTIES FOR CARRYING AN UNLAWFUL WEAPON, AND PERSONS WHO MAY CARRY A WEAPON; TO AMEND SECTION 16-23-440, AS AMENDED, RELATING TO DISCHARGING A FIREARM AT OR INTO A DWELLING OR OCCUPIED STRUCTURE AND THE PENALTIES FOR VIOLATING THIS PROVISION, SO AS TO REVISE THE PLACES A FIREARM MUST NOT BE DISCHARGED, REVISE THE PENALTIES, AND TO PROVIDE THAT CERTAIN PERSONS ARE EXEMPT FROM THIS PROVISION; TO REPEAL SECTION 16-23-20 RELATING TO THE UNLAWFUL CARRYING OF A PISTOL; AND TO REPEAL SECTION 16-23-460 RELATING TO CARRYING CONCEALED WEAPONS AND FORFEITURE OF CONCEALED WEAPONS UNDER CERTAIN CIRCUMSTANCES.

Referred to Committee on Judiciary.

H. 4068 -- Rep. Jaskwhich: A BILL TO AMEND SECTION 4-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION TO CONDUCT REFERENDA TO DETERMINE A CHANGE IN THE FORM OF COUNTY GOVERNMENT, NUMBER OF COUNTY COUNCIL MEMBERS, OR METHODS OF ELECTION, SO AS TO AUTHORIZE REFERENDA TO BE HELD TO CHANGE THE METHODS OF ELECTION OF COUNTY COUNCILS, AND PROVIDE FOR AND LIMIT THE ALTERNATE METHODS OF ELECTION WHICH MAY BE ESTABLISHED.

Referred to Committee on Judiciary.

H. 4069 -- Rep. Cromer: A BILL TO AMEND SECTION 31-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING OF TRAVEL TRAILER DEALERS, SO AS TO PROHIBIT THE EXHIBITION SALE OF TRAVEL TRAILERS, FOLD-UP CAMPING TRAILERS AND MOTOR HOMES BEYOND FIFTY MILES FROM THE DEALERSHIP AT CERTAIN SHOWS AND EVENTS; TO AMEND SECTION 56-15-310, RELATING TO LICENSING FOR MANUFACTURERS AND DISTRIBUTORS, SO AS TO PROHIBIT THE EXHIBITION AND SALE OF MOTOR HOMES AT CERTAIN SHOWS AND EVENTS AND TO NOT PERMIT THE ISSUANCE OF TEMPORARY LICENSES FOR THIS PURPOSE BEYOND FIFTY MILES FROM THE DEALERSHIP.

Referred to Committee on Labor, Commerce and Industry.

H. 4070 -- Reps. Inabinett, Moody-Lawrence, Kennedy, J. Brown and T. Brown: A BILL TO AMEND SECTION 28-2-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPRAISAL OF PROPERTY BEFORE A CONDEMNATION ACTION IS INSTITUTED UNDER THE EMINENT DOMAIN PROCEDURE ACT, SO AS TO PROVIDE THAT IN CASES INVOLVING THE APPRAISAL OF OWNER-OCCUPIED RESIDENTIAL PROPERTY, THE APPRAISAL MUST BE THE VALUE DETERMINED BY THE CONDEMNOR'S APPRAISER OR ONE HUNDRED TWENTY-FIVE PERCENT OF THE APPRAISED VALUE OF THE PROPERTY AS DETERMINED BY THE LOCAL TAX ASSESSOR, WHICHEVER IS GREATER.

Referred to Committee on Judiciary.

H. 4071 -- Reps. Inabinett, Neal, J. Brown and Kennedy: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 33 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MARRIAGES OF WHITES AND NEGROES AND THE AGE OF CONSENT FOR AN UNMARRIED WOMAN, SO AS TO DELETE THE PROVISION MAKING MARRIAGE OF WHITES AND NEGROES UNLAWFUL.

Referred to Committee on Judiciary.

H. 4072 -- Rep. Jaskwhich: A BILL TO AMEND SECTION 59-39-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF UNIFORM HIGH SCHOOL DIPLOMAS AND THE UNITS REQUIRED FOR A DIPLOMA, SO AS TO PROVIDE THAT A STUDENT COMPLETING THE REQUIRED UNITS MUST BE ISSUED A STANDARD HIGH SCHOOL DIPLOMA AND TO DELETE A PROVISION WHICH SPECIFIES THAT ALL DIPLOMAS MUST BE UNIFORM IN RESPECT TO COLOR, SIZE, LETTERING, AND MARKING; TO AMEND THE 1976 CODE BY ADDING SECTION 59-39-101 SO AS TO PROVIDE THAT PUBLIC AND NONPUBLIC HIGH SCHOOL GRADUATES WHO MEET CERTAIN SPECIFIED CRITERIA ARE DESIGNATED AS SOUTH CAROLINA ACADEMIC SCHOLARS AND SHALL RECEIVE A DIPLOMA DESIGNATING THEM AS SUCH, TO PROVIDE FOR THE AUTOMATIC ADMISSION TO ANY STATE-SUPPORTED COLLEGE, UNIVERSITY, OR TECHNICAL SCHOOL OF SOUTH CAROLINA ACADEMIC SCHOLARS WHO MEET CERTAIN CRITERIA, AND TO PROVIDE THAT ACADEMIC SCHOLARS ATTENDING A STATE-SUPPORTED COLLEGE, UNIVERSITY, OR TECHNICAL SCHOOL ARE ENTITLED TO CERTAIN TUITION REDUCTIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 59-39-102 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH CRITERIA FOR THE ISSUANCE OF AN APPLIED ACADEMIC HONORS DIPLOMA WHICH IS A DIPLOMA SIGNIFYING CERTAIN ACCOMPLISHMENT BEYOND THAT REQUIRED FOR A STANDARD DIPLOMA AS CONTAINED IN SECTION 59-39-100.

Referred to Committee on Education and Public Works.

H. 4073 -- Rep. Fleming: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-56-25 SO AS TO PROVIDE THAT PROFITS MADE BY NONPROFIT ELEEMOSYNARY CORPORATIONS WHICH ARE USED FOR THE PURPOSES OF THE ORGANIZATION ARE NOT SUBJECT TO TAXATION.

Referred to Committee on Ways and Means.

H. 4074 -- Reps. McElveen, Rogers, Cobb-Hunter, Neal and Keyserling: A BILL TO AMEND TITLE 44, CHAPTER 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF MENTAL HEALTH, SO AS TO ABOLISH THE SOUTH CAROLINA MENTAL HEALTH COMMISSION, TO TRANSFER THE POWERS AND DUTIES OF THE COMMISSION TO THE DIRECTOR OF THE DEPARTMENT OF MENTAL HEALTH AND TO REVISE THESE POWERS AND DUTIES, AND TO PROVIDE THAT THE DIRECTOR IS TO BE APPOINTED BY THE GOVERNOR; TO AMEND SECTIONS 44-11-30, 44-11-60, 44-11-70, 44-11-80, AND 44-11-110, ALL RELATING TO VARIOUS POWERS AND DUTIES OF THE SOUTH CAROLINA MENTAL HEALTH COMMISSION, SO AS TO TRANSFER THESE POWERS AND DUTIES TO THE DIRECTOR OF THE DEPARTMENT OF MENTAL HEALTH.

Referred to Committee on Judiciary.

H. 4075 -- Reps. Herdklotz, Cato, Easterday, Haskins, Jaskwhich, Vaughn and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-340 SO AS TO CHANGE THE METHOD OF APPOINTMENT OF TRUSTEES OF ALL SPECIAL PURPOSE DISTRICTS WHICH WERE CREATED AND CURRENTLY EXIST FOR THE PURPOSE OF ERECTING, MAINTAINING, EQUIPPING, CONTROLLING, AND USING PUBLIC AUDITORIUMS.

Referred to Committee on Judiciary.

H. 4076 -- Reps. Allison, Wilkins, H. Brown, Harrison, Haskins, Spearman, Neilson, Sharpe, Lanford, Meacham, Cobb-Hunter, Stuart, Huff, Wells, D. Smith, Robinson, Seithel, Keegan, Fulmer, J. Harris, Law and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-61-60 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT HEALTH MAINTENANCE ORGANIZATIONS, INSURANCE COMPANIES, AND OTHER ENTITIES THAT PROVIDE HEALTH INSURANCE SHALL NOT LIMIT A FEMALE ENROLLEE'S DIRECT ACCESS TO PRIMARY AND PREVENTIVE OBSTETRIC AND GYNECOLOGICAL SERVICES FROM A QUALIFIED OBSTETRICIAN-GYNECOLOGIST OF HER CHOICE FROM WITHIN THE PLAN TO LESS THAN TWO EXAMINATIONS YEARLY FOR SUCH SERVICES OR ANY CARE RELATED TO A PREGNANCY.

Referred to Committee on Labor, Commerce and Industry.

H. 4077 -- Reps. Limehouse and Fulmer: 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 AN AMOUNT OF FAIR MARKET VALUE OF AN OWNER-OCCUPIED RESIDENTIAL PROPERTY DESIGNATED AS AN HISTORIC PROPERTY REPRESENTED BY THE DIFFERENCE IN THE FAIR MARKET VALUE OF THE DESIGNATED PROPERTY AND A SIMILAR PROPERTY NOT DESIGNATED.

Referred to Committee on Ways and Means.

H. 4078 -- Reps. Kelley, Keyserling, Thomas, Martin, Riser, Wilkes, Worley, Keegan, J. Young and T. Brown: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE BY ADDING CHAPTER 18 SO AS TO REGULATE PRACTICES AND AGREEMENTS CONCERNING THE LICENSING OF COPYRIGHTED NONDRAMATIC MUSICAL WORKS, TO AUTHORIZE CERTAIN CIVIL REMEDIES FOR VIOLATIONS INCLUDING INJUNCTIVE RELIEF AND PETITION FOR TERMINATION OF CONTRACT, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.

Referred to Committee on Labor, Commerce and Industry.

H. 4079 -- Reps. Govan, Felder, Cobb-Hunter, Stuart, Sharpe and Moody-Lawrence: A BILL TO AMEND SECTION 58-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, SO AS TO APPOINT A MEMBER OF THE BOARD FROM ORANGEBURG COUNTY.

Referred to Committee on Labor, Commerce and Industry.

H. 4080 -- Rep. Worley: A BILL TO PROVIDE FOR A STATEWIDE REFERENDUM TO BE HELD AT THE NOVEMBER 1996 GENERAL ELECTION ON THE QUESTION OF RAISING THE TAX ON GASOLINE, MOTOR FUELS, AND MOTOR CARRIERS BY FIVE CENTS A GALLON AND TO MAKE THE PROVISIONS OF THIS ACT RAISING THE TAX CONTINGENT UPON A FAVORABLE MAJORITY VOTE IN THE REFERENDUM; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 TO CHAPTER 27 OF TITLE 12 SO AS TO IMPOSE AN ADDITIONAL FIVE CENTS A GALLON TAX ON GASOLINE, MOTOR FUELS, AND MOTOR CARRIERS AND TO PROVIDE FOR THE USE OF THE REVENUE FOR THE CONSTRUCTION, IMPROVEMENT, AND MAINTENANCE OF THE STATE HIGHWAY SYSTEM.

Referred to Committee on Ways and Means.

H. 4081 -- Rep. Seithel: A BILL TO AMEND CHAPTER 43, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AGENTS AND AGENCIES, BY ADDING ARTICLE 5 SO AS TO ENACT PROVISIONS REGULATING THE CANCELLATION OF AN AGENT'S AGREEMENT WITH AN INSURER, AND BY ADDING ARTICLE 7 SO AS TO ENACT PROVISIONS REGARDING AGENT TERMINATION REVIEW PROCESS.

Referred to Committee on Labor, Commerce and Industry.

H. 4082 -- Reps. Seithel, S. Whipper, Fulmer and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-33-310 SO AS TO REQUIRE A HEALTH MAINTENANCE ORGANIZATION TO INCLUDE OPTICIANS AS DURABLE MEDICAL EQUIPMENT PROVIDERS IN THE ORGANIZATION.

Referred to Committee on Labor, Commerce and Industry.

H. 4083 -- Reps. Seithel, S. Whipper, Fulmer, Limehouse and Shissias: A BILL TO AMEND SECTION 20-7-1740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADOPTION INVESTIGATIONS AND REPORTS, SO AS TO PROVIDE THAT MEDICAL REPORTS ON THE ADOPTEE'S BIOLOGICAL FAMILY MUST BE COMPREHENSIVE AND MUST BE UPDATED AND SUBMITTED TO THE COURT EVERY FIVE YEARS; AND TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROMULGATE REGULATIONS CONTAINING THE CONTENTS OF THESE MEDICAL HISTORIES.

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

H. 4084 -- Reps. Klauber, Quinn, Limehouse, Littlejohn, Meacham, Simrill, H. Brown, Sandifer, Limbaugh, Robinson, Harrell, Wells, Fulmer, Easterday, Fleming, Lanford, Fair, Vaughn, J. Young, A. Young, Cooper, Law, D. Smith, Keegan, Huff, Haskins, Wofford, Cato, Wilkins, Marchbanks and Trotter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-456 SO AS TO PROVIDE THAT THE USE OF PUBLIC SCHOOL AND SCHOOL-DISTRICT EQUIPMENT AND SUPPLIES BY SCHOOL OR SCHOOL DISTRICT FACULTY, STAFF, OR STUDENTS TO LOBBY ANY STATE OFFICIAL OR AGENCY, INCLUDING THE GENERAL ASSEMBLY, OR ANY POLITICAL SUBDIVISION OF THE STATE IS PROHIBITED, PROVIDE EXCEPTIONS, AND PROVIDE FOR RELATED MATTERS.

Referred to Committee on Education and Public Works.

H. 4085 -- Reps. Keyserling, Cobb-Hunter, L. Whipper, Whatley, Sandifer, Jaskwhich and S. Whipper: A BILL TO AMEND SECTION 48-52-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENERGY SAVINGS CONTRACTS, SO AS TO REQUIRE A PUBLIC SCHOOL DISTRICT TO OBTAIN CERTIFICATION OF COMPLIANCE WITH CERTAIN DEPARTMENT OF EDUCATION PROCEDURES IN ORDER TO ENTER INTO A CONTRACT; AND TO REVISE THE DEFINITION OF "ENERGY CONSERVATION MEASURE".

Referred to Committee on Education and Public Works.

H. 4086 -- Reps. Keyserling, Cobb-Hunter, Whatley, L. Whipper, Sandifer and Jaskwhich: A BILL TO AMEND SECTION 58-25-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF TRANSPORTATION AUTHORITIES, SO AS TO REQUIRE THESE AUTHORITIES TO REPORT ANNUALLY TO THE GOVERNOR AND GENERAL ASSEMBLY AND TO PROVIDE THAT NO STATE OR FEDERAL PUBLIC OR HUMAN SERVICES TRANSPORTATION FUNDS MAY BE PROVIDED TO AN ENTITY UNLESS THE DEPARTMENT OF TRANSPORTATION HAS CERTIFIED THAT THE ENTITY HAS NOT FAILED TO COMPLY WITH A LOCAL OR REGIONAL COORDINATED TRANSPORTATION PLAN.

Referred to Committee on Education and Public Works.

H. 4087 -- Reps. Govan, Inabinett, Lloyd, Neal, Cobb-Hunter, Howard, White, Anderson, McMahand, Williams, Kennedy, Breeland, Cave, Scott, S. Whipper, J. Brown, T. Brown, Hines and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-5-27 SO AS TO PROVIDE THAT A PERSON WHO OTHERWISE MEETS THE REQUIREMENTS OF PRACTICING LAW IN THIS STATE IS NOT REQUIRED TO PAY A LICENSE FEE OR BE A MEMBER OF THE SOUTH CAROLINA STATE BAR IN ORDER TO PRACTICE LAW.

Referred to Committee on Judiciary.

H. 4088 -- Rep. Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-505 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO INVESTIGATE THE HEALTH AND WELL-BEING OF A CHILD IN A HOME IN WHICH DOMESTIC VIOLENCE OCCURS.

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

H. 4089 -- Reps. Stille, Townsend, Carnell and McAbee: A BILL TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE CREATION OF THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO INCREASE THE MEMBERS OF THE COMMISSION FROM SEVEN TO ELEVEN.

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

H. 4090 -- Rep. Harrison: A BILL TO ENACT THE FLEA MARKET VENDORS ACT; TO AMEND TITLE 40, CHAPTER 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 SO AS TO REQUIRE FLEA MARKET OPERATORS AND FLEA MARKET, TEMPORARY, AND TRANSIENT VENDORS TO MEET CERTAIN REQUIREMENTS TO CONDUCT BUSINESS, TO PROHIBIT THE SALE OF CERTAIN GOODS, AND TO PROVIDE CRIMINAL PENALTIES; TO AMEND SECTION 12-36-520, RELATING TO BOND REQUIREMENTS FOR RETAILERS WITHOUT PERMANENT SALES LOCATIONS, SO AS TO MAKE A BOND OR CASH DEPOSIT MANDATORY RATHER THAN PERMISSIVE; TO AMEND SECTION 16-13-110, AS AMENDED, RELATING TO SHOPLIFTING, SO AS TO AUTHORIZE THAT FINES AND IMPRISONMENT MAY BE DOUBLED FOR A FIFTH OR SUBSEQUENT OFFENSE; AND TO AMEND SECTION 16-13-180, AS AMENDED, RELATING TO RECEIVING STOLEN GOODS, SO AS TO ALSO MAKE IT UNLAWFUL TO REPACKAGE OR DISTRIBUTE REPACKAGED STOLEN GOODS AND TO AUTHORIZE INCREASED FINES FOR THIS OFFENSE AND TO PROVIDE MITIGATING CIRCUMSTANCES.

Referred to Committee on Labor, Commerce and Industry.

H. 4091 -- Reps. Elliott and Littlejohn: A BILL TO CREATE A BOARD TO ADMINISTER AND OVERSEE THE ACTIVITIES PERFORMED BY PRIVATE PARTIES ASSISTING THE DEPARTMENT OF PUBLIC SAFETY BY PROVIDING TOWING SERVICES RELATING TO MOTOR VEHICLE ACCIDENTS AND OTHER EMERGENCIES OCCURRING ALONG THE STATE'S HIGHWAYS.

Referred to Committee on Education and Public Works.

H. 4092 -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1376 SO AS TO IMPOSE A PER CAPITA CAMPAIGN LIMIT ON EXPENDITURES BY A CANDIDATE.

Referred to Committee on Judiciary.

H. 4093 -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-19-85 SO AS TO PROVIDE THAT CANDIDATES FOR JUDICIAL OFFICES TO BE FILLED BY ELECTION OF THE GENERAL ASSEMBLY MUST 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, AND TO PROVIDE EXCEPTIONS.

Referred to Committee on Judiciary.

H. 4094 -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 32-3-15 SO AS TO PROVIDE THAT NO WRITTEN CONTRACT OR AGREEMENT WHICH SPECIFICALLY PROVIDES THAT IT CAN BE CHANGED, MODIFIED, OR SUPERSEDED ONLY IN WRITING SIGNED BY THE PARTIES, CAN BE CHANGED, MODIFIED OR SUPERSEDED BY AN ORAL CONTRACT OR AGREEMENT.

Referred to Committee on Judiciary.

H. 4095 -- Rep. Tripp: A BILL TO AMEND CHAPTER 55, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA CEMETERY ACT OF 1984, SO AS TO, AMONG OTHER THINGS, ESTABLISH THE SOUTH CAROLINA CEMETERY BOARD, PROVIDE FOR ITS POWERS AND DUTIES, AND REVISE THE PROVISIONS OF THE CHAPTER REGARDING THE REQUIREMENTS FOR FUNERAL VAULTS, CEMETERIES, AND LICENSES; AND TO TERMINATE THE PROGRAMS, FUNCTIONS, AND REGULATIONS OF THE SOUTH CAROLINA CEMETERY BOARD JUNE 30, 2000.

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

H. 4096 -- Rep. Fulmer: A BILL TO AMEND SECTION 59-121-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF VISITORS OF THE CITADEL, SO AS TO PROVIDE THAT THE GOVERNOR AS A MEMBER OF THE BOARD MAY PROVIDE FOR A DESIGNEE, WHO MUST BE A GRADUATE OF THE CORPS OF CADETS, TO SERVE IN HIS STEAD ON THE BOARD.

Referred to Committee on Education and Public Works.

H. 4097 -- Reps. Baxley, Neilson and Hines: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-21-820 SO AS TO PROVIDE THAT OF PROBATE COURT FEES RETAINED FOR DEPOSIT IN THE GENERAL FUND OF THE STATE SEVEN DOLLARS AND FIFTY CENTS FOR EACH ESTATE OPENED IN THE COUNTY PROBATE COURT MUST BE DEPOSITED IN THE PROBATE RELIEF FUND; AND BY ADDING SECTION 14-23-1160 SO AS TO ESTABLISH AND PROVIDE PROCEDURES FOR OPERATION OF THE PROBATE RELIEF FUND TO REIMBURSE PERSONS CONDUCTING BUSINESS IN THE PROBATE COURT WHO HAVE LOST FUNDS DUE TO THEFT OR FRAUD PERPETRATED WITHIN THE PROBATE COURT BY A PROBATE JUDGE OR PROBATE COURT PERSONNEL, AND TO PROVIDE FOR THE ABOLISHMENT OF THE FUND AND TERMINATION OF THE FEE TWO YEARS AFTER NO CLAIM IS FILED.

Referred to Committee on Judiciary.

H. 4098 -- Reps. Kelley and Harrison: A BILL TO AMEND TITLE 20, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE OMNIBUS FOSTER CARE REFORM ACT OF 1995.

Referred to Committee on Judiciary.

H. 4099 -- Rep. Hallman: A BILL TO PROVIDE THAT THE PATRIOT'S POINT DEVELOPMENT AUTHORITY SHALL BE UNDER THE JURISDICTION, SUPERVISION, AND ADMINISTRATION OF THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM.

Referred to Committee on Ways and Means.

H. 4100 -- Rep. Thomas: A BILL TO AMEND SECTION 44-55-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A COUNTY TO COLLECT AND DISPOSE OF SOLID WASTE AND LEVY A SERVICE CHARGE FOR COLLECTION SERVICES, SO AS TO ADD THE AUTHORITY TO LEVY A SERVICE CHARGE FOR DISPOSAL OF SOLID WASTE, AND PROVIDE A PROCEDURE FOR COLLECTING A DELINQUENT SERVICE CHARGE.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 4101 -- Reps. Witherspoon and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 30 TO TITLE 46 SO AS TO PROVIDE FOR A REFERENDUM TO APPROVE AN ASSESSMENT ON MARKETED TOBACCO TO PROVIDE FUNDS FOR TOBACCO PRODUCTION RESEARCH.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 4102 -- Reps. Neal, Scott, Cobb-Hunter and Canty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 121 TO TITLE 44 SO AS TO ENACT THE ENVIRONMENTAL BILL OF RIGHTS ACT; TO AUTHORIZE A CIVIL ACTION FOR DECLARATORY OR EQUITABLE RELIEF BROUGHT IN THE NAME OF THE STATE FOR THE PROTECTION OF AIR, WATER, LAND, AND OTHER NATURAL RESOURCES; TO PROVIDE EXCEPTIONS AND PROCEDURES; AND TO AUTHORIZE A CIVIL ACTION FOR DECLARATORY OR EQUITABLE RELIEF AGAINST THE STATE CHALLENGING ENVIRONMENTAL QUALITY STANDARDS PROMULGATED OR ISSUED BY THE STATE.

Referred to Committee on Judiciary.

H. 4103 -- Reps. Neal, Scott and Cobb-Hunter: A BILL TO AMEND SECTION 59-101-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION THAT STATE-SUPPORTED COLLEGES AND UNIVERSITIES EMPHASIZE TEACHING AS A CAREER OPPORTUNITY, SO AS TO PROVIDE THAT THE EDUCATIONAL CURRICULUM AT STATE-SUPPORTED COLLEGES AND UNIVERSITIES OFFERING AN "EDUCATION" MAJOR SHALL INCLUDE COMPONENTS ON THE NATIONAL TEACHER EXAMINATION, AND TO PROVIDE THAT STUDENTS AT THESE INSTITUTIONS MAY NOT BE AWARDED THEIR DEGREE IF "EDUCATION" IS THEIR PRIMARY MAJOR UNLESS THEY HAVE FIRST SCORED SUFFICIENTLY HIGH ON THE NATIONAL TEACHER EXAMINATION IN SPECIFIC TEACHING AREAS TO BE CERTIFIED UNDER THE LAWS OF THIS STATE IN THOSE AREAS.

Referred to Committee on Education and Public Works.

H. 4104 -- Rep. Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-90, SO AS TO PROVIDE THAT A COUNTY OR MUNICIPALITY, BUT NOT BOTH, MAY BY ORDINANCE IMPOSE A FEE ON THE TRANSFER OF REAL PROPERTY, PROVIDE CERTAIN CONDITIONS UNDER WHICH THE FEE MAY BE IMPOSED, AND PROVIDE FOR RELATED MATTERS; AND TO REPEAL SECTION 6-1-70, RELATING TO LOCAL GOVERNMENT, REAL ESTATE TRANSFER FEES, AND REMITTANCE TO THE STATE TREASURER.

Referred to Committee on Labor, Commerce and Industry.

H. 4105 -- Reps. Neilson, Bailey, Cromer, Easterday, Kirsh, Simrill, Jaskwhich, Hines and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-3-455 SO AS TO PROVIDE THAT THE SUPREME COURT BY RULE SHALL ESTABLISH WITHIN THE JUDICIAL DEPARTMENT A CENTRALIZED DATA BASE WHERE MEMBERS OF THE GENERAL PUBLIC MAY OBTAIN INFORMATION WHICH IS AVAILABLE TO THE PUBLIC CONCERNING GRIEVANCES OR DISCIPLINARY ACTIONS TAKEN AGAINST ANY JUDGE OF A COURT OF THIS STATE OR ANY ATTORNEY AT LAW LICENSED TO PRACTICE IN THIS STATE.

Referred to Committee on Judiciary.

H. 4106 -- Reps. Neilson, Breeland, Stoddard, Moody-Lawrence, S. Whipper and Hines: A BILL TO AMEND SECTION 59-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL TEACHERS' AND ADMINISTRATORS' MINIMUM SALARY SCHEDULES UNDER THE EDUCATION FINANCE ACT, SO AS TO PROVIDE THAT CERTIFIED TEACHERS WITH AT LEAST SEVENTEEN YEARS EXPERIENCE MUST RECEIVE THE INCREMENTAL PAY INCREASE EACH YEAR WHICH SHALL BE OVER AND ABOVE THE TOTAL SALARY THEY RECEIVED FOR THE PREVIOUS YEAR.

Referred to Committee on Ways and Means.

H. 4107 -- Reps. Neilson, Kirsh, Moody-Lawrence, Jaskwhich and Hines: A BILL TO AMEND ARTICLE 1, CHAPTER 15, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COURT STENOGRAPHERS IN THE CIRCUIT COURT, SO AS TO PROVIDE THAT THESE COURT STENOGRAPHERS MUST BE EMPLOYED BY THE STATE COURT ADMINISTRATOR AND NOT THE JUDGES OF THESE COURTS; AND TO AMEND SECTION 20-7-1360, RELATING TO PERSONNEL OF THE FAMILY COURT SYSTEM, SO AS TO PROVIDE THAT COURT REPORTERS FOR THE FAMILY COURT MUST BE EMPLOYED BY THE STATE COURT ADMINISTRATOR AND NOT THE JUDGES OF THESE COURTS.

Referred to Committee on Judiciary.

H. 4108 -- Reps. Neilson, Herdklotz, A. Young, Fair, Easterday and Jaskwhich: A BILL TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE OF A PERSON WHO OPERATES A MOTOR VEHICLE UPON THE PUBLIC ROADS OF THIS STATE, SO AS TO DECREASE THE PERCENTAGES OF ALCOHOL IN A PERSON'S BLOOD USED TO CREATE PRESUMPTIONS OF UNDER THE INFLUENCE OR NO PRESUMPTION OF BEING UNDER THE INFLUENCE WHICH MUST BE USED IN DETERMINING THE GUILT OF A PERSON VIOLATING THE PROVISIONS OF SECTION 56-5-2930 AND TO PROVIDE THAT IT MUST BE INFERRED THAT A PERSON IS UNDER THE INFLUENCE OF ALCOHOL IF THERE WAS AT THAT TIME SIX ONE-HUNDREDTHS OF ONE PERCENT OR MORE BY WEIGHT OF ALCOHOL IN THE PERSON'S BLOOD.

Referred to Committee on Judiciary.

H. 4109 -- Reps. Jennings and Cromer: A BILL TO AMEND SECTION 34-11-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FRAUDULENT CHECKS, SO AS TO PROVIDE THAT NO WARRANT FOR FRAUDULENT CHECK VIOLATIONS MAY BE OBTAINED MORE THAN NINETY DAYS RATHER THAN ONE HUNDRED EIGHTY DAYS AFTER THE DATE THE CHECK WAS UTTERED; TO AMEND SECTION 34-11-70, AS AMENDED, RELATING TO FRAUDULENT CHECKS, SO AS TO INCREASE THE SERVICE CHARGES AND ADMINISTRATIVE COSTS WHICH SHALL BE PAID TO THE PAYEE OF THE INSTRUMENT AND THE COURT FROM TWENTY TO TWENTY-FIVE DOLLARS AND TO PROVIDE THAT PERSONS APPLYING FOR A WARRANT FOR PROSECUTION WHO FAIL TO PROVIDE CERTAIN REQUIRED NOTICE TO THE COURT UPON SATISFACTION OF THE INSTRUMENT SHALL PAY A CIVIL PENALTY OF TWENTY-FIVE DOLLARS; TO AMEND SECTION 34-11-90, AS AMENDED, RELATING TO FRAUDULENT CHECKS, SO AS TO REFLECT THE ABOVE INCREASES IN THE SERVICE CHARGES AND ADMINISTRATIVE COSTS AND TO INCREASE THE AMOUNT OF THE FINES WHICH MAY BE IMPOSED FOR CERTAIN VIOLATIONS; BY ADDING SECTION 34-11-85 SO AS TO REQUIRE BANKS OR FINANCIAL INSTITUTIONS TO VERIFY ALL EMPLOYMENT AND FINANCIAL INFORMATION GIVEN ON THE APPLICATION FOR A CHECKING ACCOUNT, TO CAUSE THE DATE THE CHECKING ACCOUNT WAS OPENED TO BE PLACED ON THE FACE OF THE CHECKS THE CONSUMER ORDERS THROUGH THE BANK, AND TO REQUIRE THE BANK TO NUMBER THESE CHECKS BEGINNING WITH THE NUMBER '100'; BY ADDING SECTION 34-11-86 SO AS TO REQUIRE CERTAIN PERSONS WITH MULTIPLE FRAUDULENT CHECK CONVICTIONS TO PROVIDE A BOND OR OTHER FINANCIAL GUARANTEE TO THE BANK OR FINANCIAL INSTITUTION WHERE HIS CHECKING ACCOUNT IS OR WILL BE LOCATED TO INDEMNIFY A PAYEE, ENDORSEE, OR THIRD PARTY AGAINST LOSS; AND BY ADDING SECTION 37-17-10 SO AS TO REQUIRE CERTAIN PERSONS ENGAGING IN CHECK COLLECTION SERVICES FOR A FEE TO PROVIDE A BOND OR FINANCIAL GUARANTEE TO THE DEPARTMENT OF CONSUMER AFFAIRS TO INDEMNIFY THOSE RETAINING THE SERVICES OF THAT PERSON FROM ANY LOSS THEY MAY SUSTAIN.

Referred to Committee on Judiciary.

H. 4110 -- Reps. Jennings and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-45 SO AS TO PROVIDE THAT ANY PERSON WHO IS CONVICTED OF MULTIPLE FRAUDULENT CHECK VIOLATIONS IN EACH OF THREE SEPARATE CALENDAR YEARS IS CONSIDERED AN HABITUAL CHECK OFFENDER AND AS SUCH SHALL BE SUBJECT TO ADDITIONAL CRIMINAL PENALTIES FOR FRAUDULENT CHECK VIOLATIONS.

Referred to Committee on Judiciary.

H. 4111 -- Reps. L. Whipper, Cromer, Kennedy, Inabinett, Breeland, Cobb-Hunter, Neal, Hallman, Allison, White, Cave, Moody-Lawrence, Howard, J. Brown, McMahand, Scott, S. Whipper, Phillips, Chamblee, Byrd, T. Brown, Wells, Seithel and Townsend: A BILL TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR A THREE-MEMBER JOINT COMMITTEE COMPOSED OF ACTIVE AND RETIRED JUDGES TO REVIEW THE QUALIFICATIONS OF INCUMBENT JUDGES WHO DESIRE TO BE RE-ELECTED TO THE SAME JUDICIAL OFFICE AND TO REVIEW THE QUALIFICATIONS OF OTHER CANDIDATES FOR THAT JUDICIAL OFFICE.

Referred to Committee on Judiciary.

H. 4112 -- Reps. Hutson, Chamblee, Limehouse, Stoddard, Wright, Seithel, Cromer, Thomas, Quinn, Witherspoon, Stille, Shissias, Wofford, Hallman, Riser, Harrell, Cato, Haskins, Fulmer, Dantzler, Vaughn, Fleming, Knotts, H. Brown and J. Harris: A BILL TO AMEND SECTION 56-5-1350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TABULATION, ANALYSIS, AND PUBLICATION OF STATISTICAL INFORMATION REGARDING ACCIDENT REPORTS, SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO COMPILE THIS INFORMATION FOR EACH ONE HUNDRED METER STRETCH OF HIGHWAY WHERE TWO OR MORE TRAFFIC ACCIDENTS HAVE OCCURRED, AND TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO USE THIS INFORMATION TO DEVELOP, IMPLEMENT, AND SUBMIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY AN ANNUAL PLAN TO IMPROVE SAFETY CONDITIONS ALONG THESE SEGMENTS OF HIGHWAY.

Referred to Committee on Education and Public Works.

H. 4113 -- Reps. Cotty and Hodges: A BILL TO AMEND SECTION 29-3-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES AND DEEDS OF TRUST, FORECLOSURE, AND APPLICATION FOR ORDER OF APPRAISAL, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT, EXCEPT IN ANY REAL ESTATE FORECLOSURE PROCEEDING RELATING TO A DWELLING PLACE OR TO A CONSUMER CREDIT TRANSACTION, A DEFENDANT AGAINST WHOM A PERSONAL JUDGMENT MAY BE TAKEN ON A REAL ESTATE SECURED TRANSACTION MAY WAIVE THE APPRAISAL RIGHTS IF THE DEBTORS, MAKERS, BORROWERS, AND/OR GUARANTORS ARE NOTIFIED IN WRITING BEFORE THE TRANSACTION THAT A WAIVER OF APPRAISAL RIGHTS WILL BE REQUIRED AND UPON SIGNING A CERTAIN STATEMENT DURING THE TRANSACTION; AND TO AMEND SECTION 29-3-700, RELATING TO MORTGAGES AND DEEDS OF TRUST, FORECLOSURE, AND THE ORDER FOR APPRAISAL, SO AS TO PROVIDE THAT THE APPRAISAL BE CONDUCTED BY THREE DISINTERESTED STATE CERTIFIED GENERAL REAL ESTATE APPRAISERS, RATHER THAN "THREE DISINTERESTED FREEHOLDERS OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED".

Referred to Committee on Judiciary.

H. 4114 -- Reps. Hines, Clyburn, Inabinett, R. Smith, Lloyd and Huff: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-235 SO AS TO PROVIDE THAT SHERIFFS IN UNINCORPORATED AREAS OF A COUNTY AND MUNICIPAL LAW ENFORCEMENT DEPARTMENTS IN INCORPORATED AREAS OF A COUNTY SHALL PROVIDE APPROPRIATE POLICE ESCORTS FOR FUNERAL PROCESSIONS IN THESE AREAS UPON REQUEST OF THE FUNERAL HOME DIRECTOR SUPERVISING THE FUNERAL.

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

S. 119 -- Senator Rose: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 54 SO AS TO CREATE THE SOUTH CAROLINA DRUG IMPAIRED INFANTS ACT, TO AMEND SECTION 20-7-290, RELATING TO THE RENDERING OF HEALTH SERVICES TO MINORS WITHOUT PARENTAL CONSENT, SO AS TO PROVIDE THAT A PHYSICIAN PROVIDING CARE FOR A NEWBORN CHILD MAY ORDER TESTING FOR ALCOHOL AND OTHER DRUGS WITHOUT THE CONSENT OF PARENTS UNDER CERTAIN CIRCUMSTANCES, TO AMEND SECTION 20-7-510, RELATING TO THE REQUIREMENT THAT CERTAIN PERSONS REPORT INSTANCES OF CHILD ABUSE OR NEGLECT, SO AS TO ADD SUBSECTION (D) TO PROVIDE THE CIRCUMSTANCES UNDER WHICH PERSONS ARE REQUIRED TO REPORT POSITIVE RESULTS OF DRUG OR ALCOHOL TESTING PERFORMED ON A NEWBORN, TO AMEND SECTION 44-7-260, RELATING TO HOSPITALS, ETC. AND REQUIREMENTS FOR LICENSURE, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO FACILITY OR SERVICE THAT PROVIDES DIAGNOSTIC TREATMENT OR REHABILITATIVE SERVICES RELATED TO ALCOHOL OR OTHER DRUGS MAY REFUSE TO PROVIDE THESE SERVICES TO A WOMAN SOLELY BECAUSE THE WOMAN IS PREGNANT, TO AMEND SECTION 44-49-40, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CONCERNING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO COORDINATE SERVICES OF THE DEPARTMENT RELATING TO PRENATAL SUBSTANCE ABUSE, TO AMEND SECTION 44-53-140, RELATING TO THE ALCOHOL AND DRUG ABUSE COMMITMENT, SO AS TO PROVIDE THAT EVIDENCE OBTAINED IN THE ADMINISTERING OF HEALTH CARE MAY NOT BE USED AGAINST THE PERSON SEEKING TREATMENT IN ANY PROCEEDING EXCEPT PROCEEDINGS INITIATED BY THE DEPARTMENT OF SOCIAL SERVICES, AND TO AMEND SECTIONS 59-32-20 AND 59-32-30, RELATING TO EDUCATION, SO AS TO PROVIDE FOR THE DEVELOPMENT AND INCLUSION OF APPROPRIATE DRUG EDUCATION CURRICULA CONCERNING THE EFFECTS OF ALCOHOL AND DRUG ABUSE.

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

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

Allison                Anderson               Askins
Bailey                 Baxley                 Beatty
Boan                   Breeland               Brown, G.
Brown, H.              Brown, J.              Brown, T.
Byrd                   Canty                  Carnell
Cato                   Cave                   Chamblee
Clyburn                Cooper                 Cotty
Cromer                 Dantzler               Davenport
Delleney               Easterday              Elliott
Fair                   Felder                 Fulmer
Gamble                 Govan                  Hallman
Harrell                Harris, J.             Harris, P.
Harwell                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                 McElveen               McKay
McMahand               McTeer                 Meacham
Moody-Lawrence         Neal                   Neilson
Phillips               Quinn                  Rhoad
Richardson             Riser                  Robinson
Rogers                 Sandifer               Scott
Seithel                Sharpe                 Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Spearman               Stoddard
Stuart                 Thomas                 Townsend
Trotter                Tucker                 Vaughn
Waldrop                Walker                 Whatley
Whipper, L.            White                  Wilder
Wilkins                Williams               Witherspoon
Wofford                Worley                 Wright
Young, A.              Young, J.

I came in after the roll call and was present for the Session on Wednesday, April 12.

Timothy C. Wilkes                 Dan L. Tripp
Jackson S. Whipper                Carole C. Wells
Harry C. Stille                   Ronald N. Fleming
Gilda Cobb-Hunter                 James H. Harrison
C. Alex Harvin, III

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

Reps. SHARPE and McELVEEN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, April 11.

Announcement was made that Dr. Larry Winn of Easley is the Doctor of the Day for the General Assembly.

Rep. WRIGHT and the Lexington County Delegation, presented to the House the Irmo-Chapin Senior Basketball Team, winners of the United States National Senior Olympics, and their coach.

The following was received.
Columbia, S.C., April 6, 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 R. 27, S. 585 by a vote of 45 to 0.
(R27) S. 585 -- Senator Reese: AN ACT TO AMEND ACT 813 OF 1946, AS AMENDED, RELATING TO THE CREATION OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE COMMISSION.
Very respectfully,
President

April 4, 1995
The Honorable Robert L. Peeler
President of the Senate
Post Office Box 142
Columbia, S.C. 29202

Dear Mr. President and Members of the Senate:

I am hereby returning without my approval S. 585, R. 27, an Act:
TO AMEND ACT 813 OF 1946, AS AMENDED, RELATING TO THE CREATION OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE COMMISSION.

This veto is based upon my belief that S. 585, R. 27 of 1995, is unconstitutional. It is clearly an act for a specific county or city. Article VIII, Section 7 states that "[n]o laws for a specific county shall be enacted;" similarly, Article VIII, Section 10 states that "[n]o laws for a specific municipality shall be enacted."

For the above reasons, I am returning S. 585, R. 27, without my signature.

Sincerely,
David M. Beasley

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Allison                Beatty                 Lanford
Smith, D.              Wells

Those who voted in the negative are:

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

The following was received.
Columbia, S.C., April 6, 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 R. 25, S. 494 by a vote of 45 to 0.
(R25) S. 494 -- Senator Courtney: AN ACT TO PROVIDE A MINIMUM DISTANCE WITHIN WHICH A COMMERCIAL CONSTRUCTION, DEMOLITION, AND LAND-CLEARING LANDFILL IN SPARTANBURG COUNTY MAY NOT BE LOCATED FROM AN EXISTING AQUACULTURE FARM OR FACILITY AND TO PROVIDE EXCEPTIONS AND DEFINITIONS.
Very respectfully,
President

April 4, 1995
The Honorable Robert L. Peeler
President of the Senate
Post Office Box 142
Columbia, S.C. 29202

Dear Mr. President and Members of the Senate:

I am hereby returning without my approval S. 494, R. 25, an Act:
TO PROVIDE A MINIMUM DISTANCE WITHIN WHICH A COMMERCIAL CONSTRUCTION, DEMOLITION, AND LAND-CLEARING LANDFILL IN SPARTANBURG COUNTY MAY NOT BE LOCATED FROM AN EXISTING AQUACULTURE FARM OR FACILITY AND TO PROVIDE EXCEPTIONS AND DEFINITIONS.

This veto is based upon my belief that S. 494, R. 25 of 1995, is unconstitutional. It is clearly an act for a specific county. Article VIII, Section 7 states that "[n]o laws for a specific county shall be enacted."

For the above reasons, I am returning S. 494, R. 25, without my signature.

Sincerely,
David M. Beasley

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Allison                Beatty                 Lanford
Wells

Those who voted in the negative are:

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

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

H. 3977 -- Rep. Davenport: A BILL TO AMEND ACT 172 OF 1969, RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT BOARD OF FIRE AND RESCUE CONTROL, SO AS TO INCREASE THE MEMBERS ON THE BOARD FROM FIVE TO SEVEN AND TO PROVIDE FOR TERMS OF FOUR RATHER THAN SIX YEARS.

H. 3504 -- Reps. Delleney, Felder, Mason, Martin, Harrison, Elliott, Seithel, Hodges, Witherspoon, Jaskwhich, Limbaugh, Cain, Vaughn, Herdklotz, Fair, Rice, McCraw, Huff, Quinn, Haskins, Wilkins, Sheheen, Phillips, Wells and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-112 SO AS TO PROVIDE THAT IN DETERMINING INDIGENCY FOR THE PURPOSE OF APPOINTING LEGAL COUNSEL FOR A CHILD IN A DELINQUENCY PROCEEDING, THE COURT MUST DETERMINE THE PARENTS' ABILITY TO RETAIN COUNSEL FOR THE CHILD AND TO REQUIRE THE PARENTS TO REIMBURSE THE INDIGENT DEFENSE FUND IF COUNSEL IS APPOINTED FOR THE CHILD.

Rep. DELLENEY explained the Bill.

H. 3758 -- Reps. Cotty and Kinon: A BILL TO AMEND SECTION 1-3-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO AUTHORIZE THE GOVERNOR, WITH THE CONSENT OF CONGRESS, TO ENTER INTO COMPACTS AND AGREEMENTS FOR THE DEPLOYMENT OF THE NATIONAL GUARD WITH GOVERNORS OF OTHER STATES CONCERNING DRUG INTERDICTION AND RELATED ACTIVITIES; AND BY ADDING SECTION 1-3-490 SO AS TO ADOPT THE NATIONAL GUARD MUTUAL ASSISTANCE COUNTERDRUG ACTIVITIES COMPACT TO PROVIDE FOR MUTUAL ASSISTANCE AND SUPPORT AMONG THE PARTY STATES IN THE UTILIZATION OF THE NATIONAL GUARD IN DRUG INTERDICTION, COUNTERDRUG ACTIVITIES, AND DEMAND REDUCTION ACTIVITIES.

Rep. COTTY explained the Bill.

On motion of Rep. BEATTY, with unanimous consent, it was ordered that H. 3977 be read the third time tomorrow.

On motion of Rep. COTTY, with unanimous consent, it was ordered that H. 3758 be read the third time tomorrow.

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

H. 3733 -- Reps. Elliott, Inabinett, G. Brown, Neilson, Hines, Cain, Wright, Lloyd, Littlejohn, Jaskwhich, T. Brown, Govan, Stoddard, Bailey, Jennings, Rhoad, Phillips, Meacham, Kinon, Davenport and Chamblee: A BILL TO AMEND SECTION 27-40-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO ADD CERTAIN LANGUAGE TO THE DEFINITION OF "FAIR-MARKET RENTAL VALUE", AND ADD A DEFINITION FOR "SECURITY DEPOSIT"; TO AMEND SECTION 27-40-240, RELATING TO NOTICE PROVISIONS UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO, AMONG OTHER THINGS, CLARIFY CERTAIN REFERENCES, AND DELETE THE REFERENCE TO A REPEALED CODE SECTION; TO AMEND SECTION 27-40-530, RELATING TO TENANT OBLIGATIONS AND ACCESS, SO AS TO PROVIDE THAT A TENANT MAY NOT CHANGE LOCKS ON THE DWELLING UNIT WITHOUT THE PERMISSION OF THE LANDLORD; TO AMEND SECTION 27-40-610, RELATING TO TENANT REMEDIES AND NONCOMPLIANCE BY THE LANDLORD IN GENERAL, SO AS TO PROVIDE THAT THE TENANT MAY RECOVER ACTUAL DAMAGES AND OBTAIN INJUNCTIVE RELIEF IN A MAGISTRATE'S OR CIRCUIT COURT, WITHOUT POSTING BOND, FOR "UNREASONABLE" RATHER THAN "ANY" NONCOMPLIANCE BY THE LANDLORD WITH THE RENTAL AGREEMENT OR SECTION 27-40-440; TO AMEND SECTION 27-40-650, RELATING TO TENANT REMEDIES AND FIRE OR CASUALTY DAMAGE, SO AS TO PROVIDE THAT AN ACCOUNTING FOR RENT IN THE EVENT OF TERMINATION OR APPORTIONMENT MUST BE MADE AS OF THE DATE OF THE FIRE OR CASUALTY UNLESS THE FIRE OR CASUALTY WAS DUE TO THE TENANT'S NEGLIGENCE OR CAUSED BY THE TENANT; TO AMEND SECTION 27-40-720, RELATING TO LANDLORD REMEDIES AND NONCOMPLIANCE AFFECTING HEALTH AND SAFETY, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE TENANT SHALL REIMBURSE THE LANDLORD FOR CERTAIN COSTS; TO AMEND SECTION 27-40-730, RELATING TO LANDLORD REMEDIES FOR ABSENCE, NONUSE, AND ABANDONMENT OF A DWELLING UNIT, SO AS TO PROVIDE THAT IF THE TENANT HAS VOLUNTARILY TERMINATED THE UTILITIES AND THERE IS AN UNEXPLAINED ABSENCE OF A TENANT AFTER DEFAULT IN PAYMENT OF RENT, ABANDONMENT IS CONSIDERED IMMEDIATE AND THE FIFTEEN-DAY RULE DOES NOT APPLY; AND TO AMEND SECTION 27-40-790, RELATING TO THE RESIDENTIAL LANDLORD AND TENANT ACT AND THE PAYMENT OF RENT INTO COURT, SO AS TO DELETE THE WORD "JUDGMENT" AND REPLACE IT WITH THE WORD "DECISION".

The following Bill was taken up.

H. 3578 -- Reps. Wilkins, McMahand, Tripp, Haskins, Walker, Littlejohn, Allison, Rice, Easterday, D. Smith, Davenport, Jaskwhich, Herdklotz, Wells, Lanford, Cato and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 5-3-15 AND 55-11-185 SO AS TO PROVIDE THAT THE REAL PROPERTY OWNED BY AN AIRPORT DISTRICT COMPRISED OF MORE THAN ONE COUNTY MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GOVERNING BODY OF THE DISTRICT, AND PROVIDE THAT THE REAL PROPERTY OWNED BY THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GREENVILLE-SPARTANBURG AIRPORT COMMISSION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\1831DW.95), which was adopted.

Amend the bill, as and if amended, SECTION 1, Page 1, Section 5-3-15, Line 29, by striking /comprised/ and inserting /composed/. When amended, Section 5-3-15 as added in SECTION 1 shall read:

/"Section 5-3-15.     No municipality may annex, under the provisions of this chapter, any real property owned by an airport district composed of more than one county without prior written approval of the governing body of the district."/

Amend title to conform.

Rep. HARRISON explained the amendment.

The amendment was then adopted.

Rep. VAUGHN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\PT\1853DW.95), which was adopted.

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

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

"Section 55-11-220.     No such airport district property shall be a barrier to the contiguity requirements for the purposes of annexation. Any municipality or political subdivision which is contiguous to property owned by such multi-county airport district may annex, as provided by law, any property contiguous to such airport district property. Provided, that this provision shall be applicable to annexations taking place after October 1, 1994."/

Renumber sections to conform.

Amend title to conform.

Rep. VAUGHN explained the amendment.

The amendment was then adopted.

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

Rep. VAUGHN moved to adjourn debate upon the following Bill until Tuesday, April 18, which was adopted.

H. 3604 -- Reps. Wilkins, McMahand, Herdklotz, Haskins, Littlejohn, Wells, Rice, Jaskwhich, D. Smith, Tripp, Walker, Davenport, Fair, Allison, Lanford and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-11-220 SO AS TO CREATE AN AIRPORT ENVIRONS AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT AND PROVIDE THAT AN AIRPORT ENVIRONS AUTHORITY IS CREATED AND CONFERRED CERTAIN POWERS TO ENSURE COMPATIBLE LAND USE OF PROPERTY IN THE ENVIRONS AREA, PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, AND PROVIDE THAT IF THERE IS A CONFLICT BETWEEN THE POWERS CONFERRED ON THE AUTHORITY AND OTHER REGULATIONS APPLICABLE TO THE SAME AREA, THE PROVISIONS CONFERRED TO THE AUTHORITY PURSUANT TO THE PROVISIONS OF THIS ACT CONTROL.

The following Bill was taken up.

H. 3608 -- Reps. Govan, Beatty, Moody-Lawrence and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-485 SO AS TO PROVIDE A PROCEDURE FOR DESIGNATING CERTAIN MOTOR VEHICLES AS "WRECKAGE" OR "SALVAGE" IN A MANNER WHICH SUFFICES TO INFORM THE TRANSFEREE OF SUCH A VEHICLE OF THE VEHICLE'S TRUE CONDITION.

The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10051JM.95), which was adopted.

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

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

"Section 56-19-485.     Notwithstanding any other provision of law, whenever any motor vehicle which qualifies as 'wreckage' or 'salvage' is transferred in this State pursuant to Section 56-19-480, whether the vehicle was, immediately before such transfer, titled in this State or in another state, the vehicle shall be designated as 'wreckage' or 'salvage', as may be applicable, to the extent necessary to inform the transferee of the exact condition of the vehicle. No wrecked or salvaged out-of-state vehicle or South Carolina-registered vehicle shall be registered under the laws of this State without such designation, and this designation must be applied to all subsequent transfers of the vehicle.

The provisions of this section apply to transfers of vehicles in all of the circumstances described in Section 56-19-480, whether the vehicle is 'totaled', declared a total loss, 'junked', or 'salvaged'."/

Amend title to conform.

Rep. GAMBLE explained the amendment.

The amendment was then adopted.

Rep. ELLIOTT moved to table the Bill.

Rep. CATO demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Elliott                Fulmer                 Hallman
Harrell                Harvin                 Lanford
Limehouse              Rhoad                  Robinson
Seithel                Sharpe                 Spearman

Those who voted in the negative are:

Allison                Anderson               Bailey
Baxley                 Beatty                 Breeland
Brown, H.              Brown, J.              Brown, T.
Byrd                   Carnell                Cato
Chamblee               Cobb-Hunter            Cotty
Dantzler               Delleney               Gamble
Govan                  Harris, J.             Harrison
Harwell                Hines                  Howard
Inabinett              Jaskwhich              Keegan
Kennedy                Keyserling             Kirsh
Klauber                Koon                   Law
Lloyd                  Marchbanks             McAbee
McCraw                 McElveen               McKay
McMahand               McTeer                 Meacham
Moody-Lawrence         Neilson                Phillips
Quinn                  Richardson             Rogers
Sandifer               Scott                  Sheheen
Shissias               Stille                 Townsend
Tripp                  Waldrop                Wells
Whatley                Whipper, L.            Whipper, S.
White                  Wilder                 Wilkins
Witherspoon            Wofford                Young, A.

So, the House refused to table the Bill.

Reps. ELLIOTT, ROBINSON, LANFORD, RHOAD, SPEARMAN, SHARPE, R. SMITH, WRIGHT, GOVAN, SCOTT, HOWARD, MOODY-LAWRENCE, WHITE and KNOTTS objected to the Bill.

Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, April 20, which was adopted.

H. 3745 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-330 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT CREATED FOR HISTORICAL PRESERVATION TO CONVEY PROPERTY.

The following Bill was taken up.

H. 3624 -- Rep. Sharpe: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 57 SO AS TO ENACT THE SOUTH CAROLINA ENVIRONMENTAL AUDIT ACT OF 1995 SO AS TO DEFINE ENVIRONMENTAL AUDITS AND AUDIT REPORTS AND TO CREATE A PRIVILEGE WITH REGARD TO CONTENTS OF THESE REPORTS AND TO PROVIDE EXCEPTIONS.

Reps. CROMER, ROGERS, COBB-HUNTER, L. WHIPPER, THOMAS, LLOYD, McELVEEN, BAXLEY, J. HARRIS, WHITE, SHISSIAS and BYRD objected to the Bill.

The following Joint Resolution was taken up.

H. 3242 -- Reps. Anderson, McMahand and Breeland: A JOINT RESOLUTION REQUIRING THE CHIEF INSURANCE COMMISSIONER TO RECOMMEND TO THE GENERAL ASSEMBLY LEGISLATIVE CHANGES THAT WILL ENCOURAGE A GREATER NUMBER OF INSURANCE COMPANIES TO OPERATE IN THIS STATE IN SUCH A MANNER AS TO FOSTER BROAD-BASED COMPETITION IN THE MARKET PLACE AND RESULT IN REDUCED PREMIUMS FOR THE STATE'S CONSUMERS.

Rep. RICHARDSON proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10164JM.95), which was adopted.

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

/SECTION     .     Section 38-3-70 of the 1976 Code, as last amended by Section 532 of Act 181 of 1993, is further amended to read:

"Section 38-3-70.     The department shall annually submit to the General Assembly, through the Governor, a report of its official acts and doings, together with a report of all insurers under the department doing business in this State, with condensed statements of their reports made to it, together with a statement of all licenses, taxes, and fees received by it through insurers and paid by it to the State Treasurer. The department shall report to the General Assembly any change which in its opinion should be made in the laws relating to insurance and other subjects pertaining to the department. The department shall also report to the General Assembly any statutory changes which are needed to encourage a greater number of insurance companies to do business in this State in such a manner as to foster broad-based competition in the market place and result in reduced premiums for the State's consumers. By February first, it shall make to the Governor the recommendations called for in this section, to be transmitted to the General Assembly with its last annual report, including a statement of its receipts and disbursements."/

Renumber sections to conform.

Amend title to conform.

Rep. RICHARDSON explained the amendment.

The amendment was then adopted.

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

On motion of Rep. ANDERSON, with unanimous consent, it was ordered that H. 3242 be read the third time tomorrow.

The following Bill was taken up.

H. 3808 -- Reps. Law, Wofford, Kirsh, Dantzler and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-735 SO AS TO PROVIDE FOR PAYMENT OF THE LICENSE TAX ON CIGARETTES AND TOBACCO PRODUCTS BY THE REPORTING METHOD RATHER THAN BY TAX STAMPS; AND TO REPEAL SECTIONS 12-21-720, 12-21-730, AND 12-21-820, RELATING TO CIGARETTE LICENSE TAX STAMPS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5728HTC.95).

Amend the bill, as and if amended, by striking Section 12-21-735, as contained in SECTION 1, page 1, and inserting:

/Section 12-21-735.     Each person or distributor of tobacco products taxable under this article, first receiving untaxed tobacco products for sale or distribution in this State, is subject to the tax imposed in Section 12-21-620. Each distributor required to pay the tax shall make a report to the department, in the form the department prescribes, of all tobacco products sold or disposed of in this State, and pay taxes due thereon not later than the twentieth day of the month next succeeding the month of the sale or disposition. However, any person or distributor making shipments of tobacco products to retail locations in and out of this State shall apply to the department for a license which enables them to purchase tobacco products free of tax, and report and pay tax as provided in this section on sales of tobacco products sold to locations in this State.

The department shall require bonds or statements of financial stability satisfactory to the department to cover possible losses resulting from failure to remit taxes due./

Amend further, page 1, by striking SECTION 3, and inserting:

/SECTION     3.     This act takes effect January 1, 1996./

Amend title to conform.

Rep. LAW explained the amendment.

Reps. ANDERSON, J. BROWN and McMAHAND objected to the Bill.

Rep. EASTERDAY moved to adjourn debate upon the Bill until Tuesday, April 18, which was adopted.

The following Bill was taken up.

H. 3535 -- Reps. Delleney, Martin, Baxley, Knotts, Littlejohn, A. Young, Harrison, Wright, Sheheen, J. Harris and Thomas: A BILL TO AMEND SECTION 20-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFER OF JUVENILE JURISDICTION, SO AS TO REQUIRE THE FAMILY COURT TO TRANSFER JURISDICTION OF A CHILD FOURTEEN YEARS OF AGE OR OLDER IF THE CHILD HAS BEEN CHARGED WITH AN OFFENSE THAT, IF COMMITTED BY AN ADULT, WOULD PROVIDE FOR A TERM OF IMPRISONMENT FOR TEN YEARS OR MORE AND THE CHILD HAS TWO PRIOR ADJUDICATIONS FOR OFFENSES CARRYING THE SAME SENTENCE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5732AC.95), which was adopted.

Amend the bill, as and if amended, Section 1, page 1, line 35 by inserting after /adult./ /For the purpose of this item, an adjudication or conviction is considered a second adjudication or conviction only if the date of the commission of the second offense occurred subsequent to the imposition of the sentence for the first offense./

So that, when amended, item (10) reads:

/(10)     If a child fourteen years of age or older is charged with an offense which, if committed by an adult, provides for a term of imprisonment of ten years or more and the child previously has been adjudicated delinquent in Family Court or convicted in Circuit Court for two prior offenses which, if committed by an adult, provide for a term of imprisonment of ten years or more, the court acting as committing magistrate shall bind over the child for proper criminal proceedings to a court which would have trial jurisdiction of the offense if committed by an adult. For the purpose of this item, an adjudication or conviction is considered a second adjudication or conviction only if the date of the commission of the second offense occurred subsequent to the imposition of the sentence for the first offense./

Amend title to conform.

Rep. DELLENEY explained the amendment.

Reps. HOWARD and SCOTT objected to the Bill.

The amendment was then adopted.

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

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3361 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/SECTION     1.     From fiscal year 1993-94 surplus revenues, the following sums are appropriated from the general fund of the State for the purposes stated:

(1)     BCB-Division of

Operations

Statehouse

Renovations     17,000,000

(2)     Coordinating Council

for Economic Development

Economic Development

Projects     4,700,000

(3)     Technical Education

Commission

Special Schools     3,775,731

(4)     Guardian Ad

Litem

Operating     200,000

(5)     Forestry Commission

Firefighting

Equipment     4,600,000

(6)     Department of

Corrections

Ridgeland Institution     3,129,908

(7)     Clemson-PSA

Garrison Livestock     1,900,000

Arena

(8)     John de la Howe

Sewer Repairs     425,000

(9)     Higher Education Formula     2,756,993

(10)     University of Charleston

Center for Enterpreneurship     300,000

Total     38,787,632

SECTION     2.     The Clerk of the House, the Clerk of the Senate, and the Director of the Division of Operations of the Budget and Control Board or their respective designees shall act as agents of the State House Committee and shall be responsible for the administration and implementation of the State House renovation project. Any changes or modifications to the project which would constitute a substantive modification of the overall project, as approved by the State House Committee, must be considered and approved by the State House Committee. Notwithstanding any other provision of law, regulation, code, or ordinance in effect or effective subsequent to the approval of this resolution (except H. 3816 if such legislation is adopted by the General Assembly or legislation substantially similar in content to H. 3816), these individuals shall have the authority to:

(1)     approve the expenditure of funds appropriated pursuant to Section 1(1) of this resolution or any other funds appropriated for, or available for, the above referenced projects;

(2)     manage and make all necessary decisions that may arise with regard to every aspect of the project including, but not limited to, the hiring and supervision of consultants or other personnel responsible for all aspects of the project.

The respective clerks shall have responsibility for any and all decisions relating to the renovations and upfitting in any areas of the State House currently being utilized by their respective bodies, which do not constitute substantive modifications to the overall project.

SECTION     3.     Of the funds appropriated for the Coordinating Council for Economic Development in Section 1 of this joint resolution, an amount not to exceed $1,500,000 may be expended by the State Budget and Control Board in support of (1) any South Carolina military facility or activity identified as being at risk of closure by the Base Closure and Realignment Commission and/or (2) any other federal facility for which the reduction in forces or activities will result in the loss of three thousand five hundred or more jobs, as projected or announced by the federal government. These expenditures must be made in consultation with the leadership of the affected local community, but in no instance may more than $500,000 be used in support of any single entity or activity. If not committed by May 31, 1995, or sooner if released by the State Budget and Control Board, any remaining funds may be expended as appropriate by the Coordinating Council for Economic Development.

SECTION     4.     Unexpended funds appropriated pursuant to this joint resolution may be carried forward to succeeding fiscal years and expended for the same purposes.

SECTION     5.     This joint resolution takes effect upon approval by the Governor./

Amend title to conform.

/s/J. Verne Smith                 /s/Henry E. Brown, Jr.
/s/Ernest L. Passailaigue, Jr.    /s/Thomas G. Keegan
/s/Harvey S. Peeler               /s/Herbert Kirsh
On Part of the Senate.                 On Part of the House.

Rep. H. BROWN explained the Conference Report.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

Reps. SCOTT and HOWARD withdrew their objections to the following Bill.

H. 3535 -- Reps. Delleney, Martin, Baxley, Knotts, Littlejohn, A. Young, Harrison, Wright, Sheheen, J. Harris and Thomas: A BILL TO AMEND SECTION 20-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFER OF JUVENILE JURISDICTION, SO AS TO REQUIRE THE FAMILY COURT TO TRANSFER JURISDICTION OF A CHILD FOURTEEN YEARS OF AGE OR OLDER IF THE CHILD HAS BEEN CHARGED WITH AN OFFENSE THAT, IF COMMITTED BY AN ADULT, WOULD PROVIDE FOR A TERM OF IMPRISONMENT FOR TEN YEARS OR MORE AND THE CHILD HAS TWO PRIOR ADJUDICATIONS FOR OFFENSES CARRYING THE SAME SENTENCE.

Reps. TOWNSEND, WALDROP, SIMRILL, LIMBAUGH, FLEMING, KIRSH and HERDKLOTZ withdrew their objections to the following Bill.

H. 3907 -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND TITLE 44, CHAPTER 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HAZARDOUS WASTE, BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR DRYCLEANING FACILITY DISCHARGE REHABILITATION, TO CREATE THE DRYCLEANING FACILITY RESTORATION TRUST FUND AND PROVIDE FOR ITS USES, TO ESTABLISH PROCEDURES FOR RECEIVING SITE REHABILITATION FUNDS, TO REQUIRE DRYCLEANING FACILITIES TO REGISTER AND PAY FEES, TO ESTABLISH SURCHARGES FOR CONDUCTING A DRYCLEANING BUSINESS OR FOR PRODUCING OR IMPORTING DRYCLEANING SOLVENTS, AND TO ESTABLISH THE DRYCLEANING ADVISORY COUNCIL AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES.

Reps. COOPER and J. YOUNG withdrew their objections to S. 463 however, other objections remained upon the Bill.

Rep. COTTY withdrew his objection to H. 3203 however, other objections remained upon the Bill.

Reps. LIMEHOUSE and RICHARDSON withdrew their objections to S. 463 however, other objections remained upon the Bill.

Rep. MASON withdrew his objection to H. 3203 however, other objections remained upon the Bill.

The motion of Rep. G. BROWN to reconsider the vote whereby the following Bill was given a second reading was taken up.

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.

Rep. COOPER moved to table the motion to reconsider, which was agreed to.

On motion of Rep. SPEARMAN, with unanimous consent, the following Concurrent Resolution was ordered recalled from the Committee on Invitations and Memorial Resolutions.

H. 3886 -- Reps. Spearman, McAbee and Clyburn: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF HIGHWAY 378 IN SALUDA COUNTY AS THE "CANDLER GRADY MATTHEWS, SR. HIGHWAY".

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

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.

The following Concurrent Resolution was taken up.

H. 3784 -- Rep. Waldrop: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF STATE HIGHWAY 121 IN NEWBERRY COUNTY AS THE "J. C. NEEL MEMORIAL HIGHWAY" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.

Whereas, the late J. C. Neel of Newberry County was an outstanding individual and greatly beloved by his fellow citizens; and

Whereas, Mr. Neel was primarily responsible for the development of South Carolina Highway 121 in Newberry County; and

Whereas, it is fitting and proper that the portion of South Carolina Highway 121 in Newberry County from the City of Newberry to the juncture of Highway 121 with United States Highway 176 be designated and named the "J. C. Neel Memorial Highway" as a lasting tribute to this distinguished South Carolinian. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the General Assembly of the State of South Carolina, by this resolution, requests the Department of Transportation to designate and name the portion of South Carolina Highway 121 in Newberry County from the City of Newberry to the juncture of Highway 121 with United States Highway 176 as the "J. C. Neel Memorial Highway" and to install appropriate markers or signs at places along the highway as the department considers advisable containing the words "J. C. Neel Memorial Highway".

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and to the family of J. C. Neel.

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

Rep. TOWNSEND 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 referred to appropriate committees:

H. 4115 -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-470 SO AS TO REQUIRE A SCHOOL DISTRICT TO NOTIFY LOCAL LAW ENFORCEMENT WHEN A STUDENT IS DISCIPLINED FOR CARRYING A WEAPON ON SCHOOL GROUNDS.

Referred to Committee on Education and Public Works.

H. 4116 -- Reps. Easterday, Sandifer, Wilder, J. Young, Witherspoon, Robinson and Tripp: A BILL TO AMEND SECTION 40-17-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR DETECTIVE AND PRIVATE SECURITY AGENTS TO CARRY FIREARMS, SO AS TO DELETE THE PROVISION PROHIBITING ISSUANCE OF SUCH PERMITS TO PERSONS REGISTERED AS PRIVATE DETECTIVES.

Referred to Committee on Judiciary.

H. 4117 -- Reps. S. Whipper, Phillips, Beatty, Huff and Harvin: A BILL TO AMEND SECTION 8-27-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL ACTIONS AGAINST A PUBLIC BODY FOR RETALIATION AGAINST AN EMPLOYEE, SO AS TO PROVIDE THAT THE EMPLOYEE MAY INSTITUTE A JURY CIVIL ACTION INSTEAD OF NONJURY, AND MAKE THE REMEDIES CONSISTENT WITH THOSE PROVIDED IN THE GOVERNMENTAL TORT CLAIMS ACT.

Referred to Committee on Judiciary.

H. 4118 -- Rep. Kirsh: A BILL TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL CARRYING OF PISTOL AND EXCEPTIONS, SO AS TO ALLOW RESERVE POLICE OFFICERS TO CARRY A PISTOL IN ALL CIRCUMSTANCES.

Referred to Committee on Judiciary.

H. 4119 -- Rep. Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-210 SO AS TO PROVIDE THAT THE MINIMUM SALARY SCHEDULE FOR PUBLIC SCHOOL TEACHERS OR ADMINISTRATORS APPLIES TO ACADEMIC FACULTY OF STATE INSTITUTIONS OF HIGHER LEARNING WHEN THE PROFESSIONAL OR EDUCATIONAL REQUIREMENTS ARE MET.

Referred to Committee on Ways and Means.

H. 4120 -- Rep. Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-15-70 SO AS TO AUTHORIZE ANY EMPLOYEE OF THE STATE TO APPLY FOR A VACANCY IN A CLASSIFIED POSITION FOR WHICH THEY ARE QUALIFIED AND RECEIVE THE SALARY ADVERTISED FOR THE POSITION.

Referred to Committee on Ways and Means.

H. 4121 -- Rep. Moody-Lawrence: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM TAXABLE INCOME, SO AS TO INCLUDE AS A DEDUCTION PAYMENTS FOR HEALTH INSURANCE PREMIUMS FOR PUBLIC SCHOOL TEACHERS WHO RETIRED BEFORE 1970.

Referred to Committee on Ways and Means.

H. 4122 -- Rep. Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-30-25 SO AS TO PROVIDE THAT STUDENTS IN THE THIRD GRADE WHOSE RESULTS ON STANDARDIZED TESTS TAKEN IN THEIR THIRD GRADE YEAR SHOW THAT THE STUDENT IS SIX MONTHS OR MORE BEHIND THE NATIONWIDE NORM FOR STUDENTS OF THEIR AGE AND GRADE MUST BE GIVEN AND SUCCESSFULLY COMPLETE A PROGRAM OF INTENSIVE READING INSTRUCTION BEFORE BEING PROMOTED TO THE FOURTH GRADE.

Referred to Committee on Education and Public Works.

H. 4123 -- Rep. Moody-Lawrence: A BILL TO AMEND SECTION 56-5-4580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL LIGHTING EQUIPMENT ON CERTAIN VEHICLES, SO AS TO PROVIDE THAT EVERY POLE TRUCK OR TRAILER MUST BE PAINTED WITH A STRIP OF LIGHT REFLECTING PAINT, TAPE, OR REFLECTORS ON THE EXTERNAL SIDES OF THE POLE SUPPORT FRAME OR BOLSTERS.

Referred to Committee on Education and Public Works.

H. 4124 -- Rep. Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-75 SO AS TO PROVIDE THAT IN SECONDARY SCHOOLS OF THIS STATE WHICH SERVE A HIGH-RISK STUDENT POPULATION AS DETERMINED BY THE STATE DEPARTMENT OF EDUCATION, REPRESENTATIVES OF THE DEPARTMENTS OF YOUTH SERVICES, MENTAL HEALTH, AND HEALTH SHALL VISIT SUCH SCHOOLS ONE FULL DAY EACH MONTH DURING THE SCHOOL YEAR TO PROVIDE SERVICES AND CONSULTATIONS IN THEIR PARTICULAR AREAS TO INTERESTED STUDENTS.

Referred to Committee on Education and Public Works.

H. 4125 -- Rep. Harrison: A BILL TO AMEND SECTION 12-21-2793, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTANCE REQUIREMENTS FOR THE PLACEMENT OF VIDEO GAMES WITH A FREE PLAY FEATURE TO SCHOOLS, PARKS, PLAYGROUNDS, AND HOUSES OF WORSHIP, SO AS TO PROVIDE THAT IN THE CASE OF HOUSES OF WORSHIP, THE MINIMUM DISTANCE REQUIREMENT MUST BE MEASURED FROM THE MAIN ENTRANCE DOOR OF THE LOCATION WHERE THE MACHINE IS LOCATED TO THE MAIN ENTRANCE DOOR OF THE HOUSE OF WORSHIP.

Referred to Committee on Judiciary.

H. 4126 -- Reps. Neal, Moody-Lawrence, T. Brown, Canty, Inabinett, Howard, Clyburn, White, Hines, Anderson, McMahand, Lloyd, Cave and S. Whipper: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE AND THE JUDGES THEREFOR, SO AS TO PROVIDE THAT THE JUDICIAL CIRCUITS OF THIS STATE SHALL BE THE SAME IN NUMBER AND SIZE AS ARE THE DISTRICTS FROM WHICH MEMBERS OF THE STATE SENATE ARE ELECTED, TO PROVIDE THAT RESIDENT JUDGES OF THE CIRCUIT COURTS MUST BE ELECTED BY THE QUALIFIED ELECTORS OF THE CIRCUIT IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW, AND TO DELETE AUTHORIZATION FOR AT-LARGE CIRCUIT JUDGES; AND PROPOSING AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION, RELATING TO THE JUDICIAL DEPARTMENT, BY ADDING SECTION 28 SO AS TO PROVIDE THAT NO SITTING MEMBER OF THE GENERAL ASSEMBLY, NO MEMBER OF HIS FAMILY WITHIN THE SECOND DEGREE, AND NO LAW PARTNER OR ASSOCIATE OF THE LAW FIRM OF A SITTING MEMBER MAY BE ELECTED TO A JUDICIAL OFFICE WHICH IS FILLED BY ELECTION OF THE GENERAL ASSEMBLY WHILE SUCH PERSON IS A SITTING MEMBER OF THE GENERAL ASSEMBLY AND FOR A PERIOD OF FOUR YEARS THEREAFTER.

Referred to Committee on Judiciary.

Rep. WILKINS moved to reconsider the vote whereby H. 3578 was given a second reading and the motion was noted.

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

The Senate returned to the House with concurrence the following:

H. 3969 -- Reps. Scott, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Harwell, 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, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. SANDRA R. LEATHERWOOD OF ST. MARTIN DE PORRES CATHOLIC SCHOOL IN COLUMBIA UPON BEING NOMINATED FOR THE NATIONAL AWARD OF "OUTSTANDING TEACHER OF MATH AND SCIENCE" AND TO EXPRESS APPRECIATION FOR HER MANY YEARS OF DEDICATED SERVICE TO THE CATHOLIC SCHOOL SYSTEM.

H. 3970 -- Reps. Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Harwell, 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, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA TO THE FRIENDS AND FAMILY OF WILLIAM WALTER WILKINS, SR., FATHER OF OUR SPEAKER OF THE HOUSE OF REPRESENTATIVES, DAVID H. WILKINS, WHO DIED ON FRIDAY, APRIL 7, 1995.

H. 3972 -- Rep. Stuart: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE SWANSEA HIGH SCHOOL "LADY TIGERS" VARSITY BASKETBALL TEAM UPON WINNING THE 1995 CLASS AA STATE CHAMPIONSHIP.

H. 3974 -- Reps. Klauber, Carnell, McAbee and Stille: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE GREENWOOD HIGH SCHOOL "LADY EAGLES" VARSITY BASKETBALL TEAM AND COACHES FOR A TRULY OUTSTANDING SEASON BY WINNING THE 1995 CLASS AAAA STATE CHAMPIONSHIP.

At 12:20 P.M. the House in accordance with the motion of Rep. T. BROWN adjourned in memory of Camille Barber of Georgetown, to meet at 10:00 A.M. tomorrow in Local Session.

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