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, the Giver of all good gifts, grant us the ability to know what is worth knowing, to love that which is worth loving, and to praise that which pleases You, to hold fast to that which is precious to You, and to reject that which is evil in Your sight. Teach us to value things according to their true worth, and enable us to honor You by our obedience to Your will. May we willingly accept the discipline of our work and through it confidently to declare our faith. Direct us with Your most gracious favor, and further us with Your continual help.

Thank You, Lord, for this privilege of prayer. 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.

TO:                 The Clerk of the Senate

The Clerk of the House
FROM:     C. Tyrone Courtney, Chairman

Jt. Legislative Screening Committee to Review Candidates

for the SC Consumer Affairs Commission
DATE:         May 17, 1995

In compliance with the provisions of Act No. 119, 1975 S.C. Acts 122, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.

Respectfully submitted,
/s/Senator C. Tyrone Courtney, Chairman
/s/Senator Robert W. Hayes, Jr.
/s/Senator Glenn G. Reese
/s/Senator Dick Elliott
/s/Representative George Bailey
/s/Representative James N. Law
/s/Representative Teddy N. Trotter
/s/Representative Lucille S. Whipper

The Screening Process

Pursuant to Act No. 119 of 1975 and Act. No. 181 of 1993, this Committee has considered the qualifications of candidates seeking election to vacancy No. 3 of the South Carolina Consumer Affairs Commission.

The Committee's report includes the Transcript of the Proceedings before the Screening Committee on May 10, 1995. The Transcript does not include all exhibits offered by candidates or witnesses at the hearing because of the length of some exhibits. Exhibits which are not reproduced as a part of the Transcript may be viewed in the Office of the Banking and Insurance Committee (Room 203 of the Gressette Building), since these exhibits were reviewed and considered by the Committee in making its findings.

THE CHAIRMAN:     Okay, we're going to go ahead and start our meeting here and we want to welcome all of your here and appreciate your coming. We appreciate your being willing to serve. When we do these screening committees, I want you to understand that we're not trying to rate you as far as your ability and so forth, merely to see that you're qualified to be a candidate. And it's not going to be something that you're going to feel like you've been put through the fire today. We've looked at your applications and each one of you look to be very well qualified and very good people. What we want to do though is ask you some questions. Most of the questions are kind of formal. We will ask you some questions, we hope they won't offend you, we've got to ask you if you have a criminal record and things like that. We have to ask everybody those questions. I hope you understand that. To be fair to everyone, we'd like to take them in alphabetical order and then have the others outside the room while we're asking one so you don't hear the questions and so forth, which would be an unfair advantage. Room 203, around the corner here, I think the Sergeant maybe can show you where that is. We will let the others stay there as we question.

Ms. Bloom, you're first in the alphabet, so we'll take you first and go through on that line. Have a seat around there, we'll be with you very soon.
COURT REPORTER:     I need to know his name, please.
THE CHAIRMAN:     His name is James Law, House Member.
Ms. Bloom, I need to put you under oath, would you raise your right hand for me, please?
MS. BLOOM, being duly sworn testifies as follows:

1.     Lillian C. Bloom

Home Address:

2207 Wade Hampton Blvd, Apt. C-205

Greenville, S.C. 29615

2.     She was born in New York, New York on 11/12/20. She is presently 74 years old. Social Security Number:     ***-**-****.

5.     She was married to Jack L. Bloom on October 19, 1963.

7.     Education:     Hunter College, A.B. 1941 (New York City).

New York University, M.A. 1952 (New York City).

8.     She is presently serving on the S.C. Consumer Affairs Commission and wishes to seek re-election. She was elected by the General Assembly on May 27, 1992. Her term expires June 30, 1995.

9.     CIVIC, CHARITABLE, RELIGIOUS, EDUCATIONAL, SOCIAL, AND FRATERNAL ORGANIZATIONS:     Greenville Hospital Center Advisory Committee, Board member (1974-1979), Chairman (1979-1982); Senior Center, Board Member (1979-1982); Greenville County Council For Community Action (Now, Share), Board Member (1970-1976); Head Start Health Advisory Committee, Chairman (1972-1979); United Way, Budget Allocation panel (1975-1980); CETA, Member (1981-1983), Served By Appointment of Governor; Greenville Free Medical Clinic, Board Member (1987-1990); Greenville Chapter American Red Cross, Board Member, Secretary (1990-Present); SC Appalachian Council of Governments, Member, Area Advisory Council On Aging (1998-Present); Greenville Literacy Association, Member, Tutor (1988- Present); Mental Health Association, Greenville County, Board Member (1982-1988), Y.W.C.A., Board Member (1970-1976) Member, Public Policy Committee(1990-Present), Congregation Beth Israel, Board Member (1985-1989); Greenville Section, National Council of Jewish Women, Board member (1965-Present); Furman University Learning In Retirement, Curriculum Chairman (1993-Present).

10.     CHRONOLOGICAL REVIEW OF EMPLOYMENT HISTORY:
Medical Records Librarian - Beth Israel Hospital, New York City, 1942-1950.
Administrative Assistant - New York University Medical Center, 1950-1956.
Field Representative - National Council of Jewish Women, 1956-1966.
Director, Neighborhood Youth Corps - In School Program, Greenville county, 1966-1969.
Liaison Teacher Counselor, Children's Re-Education Center, Marshall I. Pickens Hospital, 1969-1970.

21.     Five (5) letters of recommendation:     (1) Dr. Sarah Fletcher - FULIR Coordinator, Furman University, (2) Michael J. Stogner - Director Area Agency on Aging, (3) Ann M. Sutton -American Red Cross, Greenville Chapter, (4) Joanne E. Batson- Executive Director of YWCA in Greenville, (5) Bessie M. Lee -Executive Director of Greenville, Literacy Association, Inc., (6) Elaine Hallaert - Southern National Bank.

MS. BLOOM BEING EXAMINED BY MR. COURTNEY:
Q:     Ms. Bloom, you are currently on the board at this time and probably have been through this before, but we'll just go through the formal questions and see if any of the members of the committee here have any questions for you. First of all, do you or any members of your family own any contracts or do business with the state or federal government?
A:     No.
Q:     And do you or any family member own or operate any business that receives funds from the Consumer Affairs Department?
A:     No.
Q:     Have you ever been arrested, charged by any Federal or State law enforcement?
A:     No.
Q:     Have you, to your knowledge, been under any Federal, State or local investigation for possible violation of any statutory laws?
A:     No.
Q:     Have you ever been disciplined or cited for any breach of ethics or unprofessional conduct by any court or association?
A:     No.
Q:     Are you now or have you now or have you ever been employed as a lobbyist or acted as a lobbyist principal?
A:     No.
Q:     Is there any reason that you know of that would cause you difficulty in performing your duties as a member of the Consumer Affairs Commission?
A:     No, I have performed them for the last three years now. I have a perfect record of attendance.
Q:     I note that on here and I would like, at this time, to give you a few minutes to tell us about your experiences on the Commission and why you would like to continue.
A:     It's been a wonderful experience for me and I think at the beginning I wasn't quite sure what I was getting into but now I do know and I guess I'd like to have it even more now than I did at that time. I'm particularly interested in the education aspect of it, I guess that is my own sphere of expertise. A lot of it is very legalistic and we've got a wonderful department to carry out the functions of the legal aspect of the department, but it is in the area of education that I can be of great help. As a matter of fact, the course of the last three years that I served, I brought the public relations person to Greenville, I developed a course for... at Furman, for retirees, bringing all the staff members together to tell them their area of expertise and what the Consumer Affairs is all about. I'm on the senior advisory committee for counsel of governments and we've had the public affairs professional come and address that group. We always find that the aged are very vulnerable. It was a particularly good presentation she made so that the cog there is composed of six different counties and after that she was invited to various counties to make a presentation.
Q:     When you say you're working in education, are you talking about educating the public?
A:     Educating the public in regard to the problems that they may be confronted with as a consumer. And I think it's been a wonderful experience for me. I was very, I think, adept at up-dating the by-laws of the department, because it seemed to me to have... itself on in terms of by-laws. And it has been a very, I think, good experience for me and I think that the Consumer Affairs Commission and the department has profited by my being part of it.
Q:     I'm sure. What do you see as the primary purpose of the Consumer Affairs Commission? What is it's purpose?
A:     Well, probably the... I see several aspects, the advocacy role, the informational aspects of it, the receiving of the various complaints from the public which they try to adjudicate.
Q:     How does it function in it's advocacy role?
A:     Well, for example, they represent the public in front the utilities. The BellSouth right now, they're trying to see if they can reduce the rates in terms of what BellSouth has earned and trying to return to the public some of the funds. So that there are very many aspects of it and, of course, they license athletic clubs, they license mortgage brokers, the continuing care facilities and this is a very important aspect of the staff we've seen which is rather new, licensing as aspect of it. So that if it's statutory or whatever the legislature gives to the Consumer Affairs, they try to carry out their duties.
Q:     The commission, I think, is doing an admirable job over the years. How do you feel that it's doing now and the changes?
A:     I think it's doing tremendously well, I think. The newly elected executive director has been with the commission at the least, I would imagine, since the middle of the eighties. He was Steve Hamm's associate. He was a consumer advocate and last year he as been the acting co-director, and I think he's done an admirable job.
Q:     Anything else that you want to tell us before we start into the questions?
A:     No, I don't think so. Be glad to answer what anybody's asking.
Q:     For the benefit of the court reporter, she's needs to know who's seated where. Representative George Bailey, Representative Teddy Trotter. Do any of the members of the committee have any questions for Ms. Bloom?
MR. BAILEY:     I have just a couple of comments I'd like to     make.
THE CHAIRMAN:     Okay, go ahead.
MS. BLOOM BEING EXAMINED BY MR. BAILEY:
Q:     Ms. Lillian, I'm fortunate, I believe, to be on the committee that heard you one time before. I just want to tell you, your attendance record that I looked at earlier today was superb I wish that probably all the commissioners that we had appointed would have an attendance record such as this. And I don't mean anything derogatory, but I want to tell you something. I hope and pray that if I live to be seventy-four that I'm as active as you are.
A:     Well, that's what keeps you young.
Q:     That's all I've got to say. I'm impressed with your attendance record. I think that's great. It shows that you care about your job.
A:     I do. I make that second Tuesday of the month, that's my prime responsibility.
MS. BLOOM BEING EXAMINED BY MS. WHIPPLE:
Q:     I would certainly also like to commend you for that record. We don't see that very often so we're quite pleased. I would also like to commend you for using the information that you have gained by this experience in starting the course. About what was the average attendance?
A:     At the course?
Q:     Yes.
A:     Well, we had... we must have had about twenty registrants and, I think, were very faithful in their attendance and that was a very bad ... the weather was terrible and it was an early scheduled course and that's what the commission wanted, but they made it there. And it was a ten week course and every week there was another member of the staff who came to address the forum, and brought materials. I thought it proved a very valuable course for them. I would like to see it... as a matter of fact, I just came back from Charleston where we had a regional convention on institutes for learning in retirement and they were very impressed with this kind of course. And I think the College of Charleston looked at it and perhaps later will be putting on something similar to that.
Q:     That's what I wanted to know, if it would be something that could be continued...
A:     Oh, absolutely can.
Q:     ... or something that the Commission could follow through with.
A:     You know, sometimes these groups aren't aware of some of the resources that we have in this state and the only way that we become aware is that someone gets to them as they go in to make some kind of presentation. As a matter of fact, there was a brochure that the department just issued and I gave it to some of them, and I said, you know, to the Georgia group for example they came to join our group, I asked them would they see if they had a similar department or commission in Georgia or if not, even the aspects that were printed in that brochure were so good, perhaps to just be able to get the individuals who can speak on these things. And, like I say, I was particularly concerned when the older adult, the elderly we become so vulnerable to some of the scams.
THE CHAIRMAN:     Any other questions?
MS. BLOOM BEING RE-EXAMINED BY MR. COURTNEY:
Q:     Ms. Bloom I would like to ask you, because of the position you have held, do you have any recommendations or any ways that we can improve what the Consumer Affairs Commission does?
A:     I really... I'm so impressed with the staff that they do a good public information program. It's interesting that in Charleston, yesterday, or the day before, I went to Charleston then I went to Columbia yesterday for the Commission meeting and came back today. But early in the morning there was the senior report, I don't even know what station it was on, I just turned the television on in the hotel, and they were cautioning the older adult, and this was a television promotional, how to avoid some of the telemarketing scams. And I though this might be something that we could advocate to the other communities, certainly in Greenville or... and I conveyed this to our public relations staff members. I think that's one of the most important things, that not enough people in the state are aware of what the Consumer Affairs department is able to do and I think promoting that aspect is one of the most important recommendations that I would have.
THE CHAIRMAN:     Any other questions?
THE BOARD:     No.
THE CHAIRMAN:     Ms. Bloom, we appreciate your service and appreciate your wanting to serve. The Commission will file a report at some time within the future and let you know. I think elections are scheduled for May 25th, but until the reports are filed on the floors of the House and the Senate, you cannot solicit any commitments.
A:     Well can I send out letters just soliciting support. I realize I can't get any commitments.
THE CHAIRMAN:     You can send out letters stating that you are a candidate, but you cannot ask for any kind of commitment or support from anyone until the report has been filed on the floor of the House and the Senate.
A:     And about when does that take place?
THE CHAIRMAN:     Well, we're not really sure.
A:     There are only two weeks.
THE CHAIRMAN:     Yes. We'll get those out as soon as we can, I promise you that.
A:     All right.
MR. BAILEY:     Let me follow up, Ms. Bloom. I'm sure you heard what Mr. Chairman said. You surely can send a letter out to everybody just letting them know that you have been through screening.
A:     Okay.
MR. BAILEY:     But, you are a candidate seeking re-election. That you cannot solicit votes but you want to let them know that you are running for re-election.
A:     Oh, I realize that.
MR. BAILEY:     But in your letter a copy of your attendance record. That's important.
A:     All right.
MR. BAILEY:     Might surprise you.
A:     Thank you.
THE CHAIRMAN:     Thank you Ms. Bloom, you're free to go.
A:     Am I? Thank you so much.
THE CHAIRMAN:     Thank you. Would you get Mr. Hinton for us, please? (speaking to the Sergeant)

THE CHAIRMAN:     Mr. Hinton, if you would just have a seat there and make yourself comfortable, please. Mr. Hinton, we we're going to need to ask you some questions, some formal questions that we ask everybody and then once we finish with that we'll open the floor for any of the members of the committee may have some questions for you. It should be very simple and as I said before, I don't intend to put you through fire or anything like that but we do need to ask the necessary questions. Before I begin, I need to put you under oath. Would you raise your right hand for me please, sir?
MR. HINTON, being duly sworn testifies as follows:

1.     James H. Hinton

Home Address:

5 Sedgewood Court

N. Augusta, SC 29841

2.     He was born 10/19/32 in Baltimore, Md. He is presently 62 years old. Social Security #:     ***-**-****.

5.     He was married on 6/28/58 to Sara Margaret Harper Hinton. They have two children, Margaret Ellen Hinton Harper - age 33 and Henry Edward Hinton - age 31.

7.     Education:     Norman Park College, Norman Park, Ga. 1950-52. Auburn Univ., Auburn, Ala. 1952-1954 - BSChE. Auburn Univ., Auburn, Ala. 1954-1955 - MSChE

9.     Organizations:     Boy Scouts - Scout Master, etc. Presbyterian Church USA - Deacon and Elder

10.     Chronological review of employment history:     1956-1989, DuPont, Savannah River Plant. 1989-1994, Westinghouse SRP.

21.     Five (5) names of references:     Rodney Ingle, Security Federal, N. Augusta; Perjetta K. Smith; R.M. Smith; Charles I. Goodwin; Rodney W. Scherr; Joanne S. Folger; Mim Woodring.

MR. HINTON BEING EXAMINED BY MR. COURTNEY:
Q:     Mr. Hinton, do you or any member of your family own or operate any business which contracts with the State or Federal government?
A:     No, we do not.
Q:     Do you or any member of your family operate any business which receives funds from the Consumer Affairs?
A:     No, we do not.
Q:     Have you ever been arrested, charged or held by any Federal or State law enforcement authority for violation of any State or Federal or local law?
A:     No, sir.
Q:     Have you, to your knowledge, ever been under a Federal, State or local investigation for possible violations of criminal statutes?
A:     No, I have not.
Q:     Have you ever been disciplined or cited for breach of ethics for unprofessional conduct by any court, agency association or professional group?
A:     No, I have not.
Q:     Are you now or have you ever been employed as a lobbyist or acting in the capacity as a lobbyist principal?
A:     No, sir.
Q:     Do you know of any other legal reason why you might have difficulty performing the duties of this elected position?
A:     No, I haven't.
Q:     Mr. Hinton, we have your application and information that you have provided and it is certainly impressive, and we would like to give you some time now to tell us about yourself and what you... why you're interested in the Consumer Affairs Commission and how you feel like you could contribute to that and serve the people of South Carolina.
A:     Well, it was interesting, the notice came out in our local weekly newspaper and I had heard that there was such a commission but I knew nothing about the commission and started asking questions from various people in our area and the Chamber of Commerce, our newspaper editor and so forth, and just got real interested in it. As I gathered information on the commission and found out what it did for the citizens of South Carolina. And then I thought that well, my background and experience as an engineer for approximately thirty-eight years and my work with volunteer, civic and religious organizations, I felt that I was qualified and would be able to impact with new ideas on the committee. I also, in talking with people in my community, I found out that there was not very many of them that knew what the commission did for them or could do for them. I mentioned the Chamber of Commerce was no help, the local library was no help, the secretary of our delegation was no help, so... and even talking... I just mentioned talking to my friends and acquaintances and people I work with, they really did not know how the commission could help them in consumer complaints. I even went to the telephone directory and could not find a telephone number for them. Even the new directory that came out this week does not have a listing for the Consumer Affairs Commission under the State of South Carolina departments. It does have a number at the very beginning which was not in there previously. So as I continued the research I also found out that there are nine members of the commission, one of which is the Secretary of State. However, seven of those nine members come from the Columbia area to the northwest of the state. In other words, there's three in Greenville, one in Anderson, one's out of Columbia, the Secretary of State, I believe, is listed as Chapin and then Camden. There's one from Moncks Corner and one from Hartsville, so we're skewed distribution if you're concerned about distribution. We're in... I'm in North Augusta on a border community where most of the people in North Augusta do their business with... for goods and services out of Augusta, Georgia. So I was interested to try to find out how you could bring that together if we had a consumer complaint across the state line and I have not been able to answer that question. I also found out that most of the members... I take that back. I think that six of the nine members of the commission are primarily concerned with providing consumer goods or services. I'm not exactly sure about two of them who I was told are semi-retired. Now I don't know what semi-retired means, but, in other words, it looked like we're skewed not only geographically but skewed towards the people in business that are providers of goods and services and we don't have good representation for those people on the borders of the state, on the southeast or the coastal area of the state and for those people that are primarily receivers of goods and services. So with that and my experiences as an engineer, I felt that I would make a good representative on the commission and that that would be a more... make it a more diverse commission and I'll say that with my experience as an engineer I have been able to resolve some of the complaints myself by knowing the technical background of the issue on personal problems I've had with services and goods. So, with all that, I felt that I would... or someone with my background, not necessarily me, but someone with a technical background and someone that was primarily a receiver of goods and services would make a good addition to the commission.
Q:     Mr. Hinton, obviously you've done homework as far as members of the commission are concerned and all and about the commission. What did you see the purpose of the Consumer Affairs Commission to be?
A:     Well, the Consumer Affairs Commission is... well, the commissioners are the policy making group as I understand it. The Secretary of the State is the permanent member of the commission and there's four that's elected by the... or appointed by the Governor with agreement with the senate and then there's four that's appointed by the senate, I think, the way it is.
Q:     Your engineering background with a lot of technicalities, I can tell. Aside from the numbers and so forth, why do we need the Consumer Affairs agency? I guess that's what I'm asking.
A:     Well, the Consumer Affairs agency as I recall from reading about it is they have the advocacy group which has to do with the consumer complaints and they represent the citizens with the rate with the public service authority. Whether it be electricity, water or whatever. And also there is a legal group that, if I remember correctly, that reviews the complaints and, if necessary, they investigate they try to resolve, if they can't resolve then they help the people with their legal actions.
Q:     Do you feel like it's an honest job from what you know about it?
A:     From what I've seen, I've seen the 1993 annual report. Very impressive. One of the things I found in there, there was ninety-seven complaints from Aiken County. I didn't see any from North Augusta, but there were ninety-seven complaints from Aiken County, all of which I think were resolved satisfactorily.
Q:     Do the members of the commission have any questions?
MR. HINTON BEING EXAMINED BY MS. WHIPPLE:
Q:     I see you've been a Boy Scout Master for twenty-five years?
A:     Approximately twenty-five years. Two years after I came out of college I was Scout Master for about twelve years and then because of my age of my children I dropped out for about three or four years and then was... continued for another twelve years.
Q:     It seems that you've been very conscientious in your commitment to your community organizations and you feel that you'd be able to bring that same kind of commitment to this?
A:     Yes, I feel like that I... I don't want to get involved with something I can't devote my full attention to and do the best of my ability. Whether it's civic organization or with my church or even with my former employer. If I couldn't do the best job I could I don't want to undertake it. And I do have the time now to devote to something like this commission. I understand that it meets Tuesdays, second Tuesday of the month, I believe, is the way that it was stated.
THE CHAIRMAN:     Any other questions?
Response:     None
THE CHAIRMAN:     Mr. Hinton, we appreciate your willingness to     offer your time to this agency and appreciate your coming here today and answering the questions for us. We will file a report after several days, decide whose qualified and if qualified, we don't anticipate any problems finding you qualified. But, you need to understand that you cannot seek commitments from anyone in the House or the Senate until the report has been filed on the floor of the House and the Senate. You can certainly meet people and introduce yourself to the members of the general assembly, write a letter if you want to stating that you are a candidate and that you have been through screening but the report hasn't come out yet. You cannot ask for any kind of support or any commitment from anyone until that report is filed on the floor. Okay? Do you have any questions you would like to ask of us?
A:     No. You said there's a letter will come out in the next two or three days, is that...
THE CHAIRMAN:     The report of the commitment will come out in     the next several days. We'll do that as quick as we can but we don't know just yet when that will be. But you... I'm just telling you you can write a letter if you feel like you would like to do so to the members of the general assembly introducing yourself to them, giving them your background or resume or whatever you'd like to do. You're certainly welcome to meet the members of the general assembly and introduce yourself to the, but you cannot ask anyone to commit to vote for you or to support you until the report from the committee has to be filed on the floor of the House and the Senate.
A:     Then I will be notified of that?
THE CHAIRMAN:     Just as soon as we have it, we'll notify you of it and when it will be introduced on the floor.
A:     Okay. Very good. Well, thank you very much.
THE CHAIRMAN:     Thank you. The next is Mr. Lesselbaum.

THE CHAIRMAN:     Mr. Lesselbaum, if you'll have a seat right there for me.
A:     Yes, sir.
THE CHAIRMAN:     Want to welcome you with us today and...
A:     Thank you, sir.
THE CHAIRMAN:     And thank you for your willingness to serve and providing us with information that you have. And also your admission that you're a "Damned Yankee", I believe is the way you termed it in your letter here.
A:     Two words now though, not one.
THE CHAIRMAN:     And though you say you have the accent that you are or consider yourself a South Carolinian.
A:     Yes, sir.
THE CHAIRMAN:     We have some formal questions that we have to ask you as we do the other candidates.
A:     Yes, sir.
THE CHAIRMAN:     Then we'll open the floor for any questions by members of the committee. And before I begin questioning, I need to put you under oath, would you raise your right hand for me, please, sir.
MR. LESSELBAUM, being duly sworn testifies as follows:

1.     Harold R. Lesselbaum

Home Address:

1829 Senate Street, Apt. 16-D

Columbia, South Carolina 29201

2.     He was born 12/18/19 in Newark, New Jersey. He is presently 75 years old. Social Security #:     ***-**-****.

5.     He was married 7/31/42 to Muriel Schulman Lesselbaum. They have one child, Judith Maziar, age 50. She is a school teacher is Atlanta.

6.     Military Service:     Enlisted April 1942 - Army corps of Engineers. Corporal - Serial # 12064042. Certified disability, Honorable Discharge 10/18/43

7.     Education:     B.S. Forestry, Univ. of Ga., June 1941. He was awarded a certificate in surveying given in an Engineering, Science and Defense training course at Wake Forest College.

8.     PUBLIC SERVICE:     Member permanent advisory Council of SC State Development Board - 11/86 - 7/88. President of Williamsburg County Health Planning commission (Physician Recruitment) 15 years. Member of Town of Kingstree zoning Board of Appeals - 2 years. Member of Town of Kingstree Beautification Committee. Past President of Temple Beth of Kingstree. Former member and director of Kingstree Chamber of Commerce.

9.     Organizations:     Kingstree Masonic Lodge. Past Deputy Dist. Governor Lions Inter. Score volunteer. Treas. for friends of the Library of Kingstree. Publicity chairman for Williamsburg Co. unit American Cancer Society. Currently secretary for State Legislative Committee AARP. Vice Pres. for Heritage Homeowners Assoc. Board of Directors.

10.     CHRONOLOGICAL REVIEW OF EMPLOYMENT HISTORY:     Florida Forest service - 1941. US Corps of Engineers in Charleston, SC - 1942. District Forester, SC Forest Service in Florence and Kingstree. Partner in Lane Lumber Co. (Lumber Mfg.), Lane, SC. Partner in Williamsburg Bldg. Supply Co. for 38 years in Kingstree, SC. Salesman for Real Estate - McGill Agency in Kingstree, SC for 8 years.

19.     Additional information that should be disclosed in connection with consideration of your nomination for this position:     He is a member of the Ford Dispute Settlement Board (Charlotte District) and they arbitrate consumer complaints against Ford Motor Co.

21.     Five (5) letters of recommendation:     (1) Jim Cherry, Pres. Williamsburg First National Bank, Kingstree, SC. (2) Herman Mischner, past chairman, Midlands Chapter of The Service Corps of Retired Executives (SCORE). (3) Dr. Jim Morris, Dean Emeritus, College of Business Adm., USC Columbia, SC. (4) Dr. John F. Clark, Joint Energy Committee, Blatt Bldg., Columbia, SC. (5) Frank Burgdorf, Real Estate Commission Columbia, SC. (6) Retired Lt. Col. Charles Davis Former member of Chemistry Dept. Faculty, USC, Columbia, SC.

MR. LESSELBAUM BEING EXAMINED BY MR. COURTNEY:
Q:     Mr. Lesselbaum?
A:     That's correct.
Q:     Mr. Lesselbaum, do you or any member of your family own or operate any businesses contracting with the State or Federal government?
A:     No, sir.
Q:     Do you or any member of your family own or operate any business which receives funds from the Consumer Affairs Commission?
A:     No, sir.
Q:     Have you ever been arrested, charged or held by Federal, State or other law enforcement authorities for violation of State or Federal or local laws?
A:     No, sir.
Q:     Have you, to your knowledge, ever been under Federal, State or local investigation for possible violations of the criminal statute?
A:     No, sir.
Q:     Have you ever been disciplined or cited for breach of ethics or unprofessional conduct by any court, agency, association or professional group?
A:     No, sir.
Q:     Are you now or have you ever been employed as a lobbyist or acted in the capacity of a lobbyist principal?
A:     No, sir. I had better interject to keep the record straight. I am a member of the AARP State Legislative Committee, so I am an unpaid lobbyist.
Q:     All right. In that capacity do you attend meetings here in the legislature?
A:     Periodically, to monitor certain bills that would be of benefit to senior citizens.
Q:     Okay. And in that capacity, do you discuss with the members of the legislature pending legislation, have you done that in the past?
A:     I have made some calls, yes, sir, to an individual member of the legislature.
Q:     How long has it been since you've been involved? Has it been recent?
A:     About a... a little over a year.
Q:     Are you a registered lobbyist?
A:     No, sir.
Q:     Just a member of the organization?
A:     That's right.
Q:     Any member of the committee have any other questions about that particular question?
MR. BAILEY:     No, sir. Just for the record, I don't see any conflict there as long as you're not, you know, registered and not a lobbyist.
A:     No, no.
MR. BAILEY:     You sure have your right to voice your opinion.
A:     Yes, sir.
Q:     Can you think of any reasons, any other legal reason why you may have difficulty performing your duties of this elected position?
A:     None whatsoever.
Q:     Mr. Lesselbaum, we've been provided with your application and letters of recommendation and all, but we'd like to hear from you a little bit about yourself, why you're interested in becoming a member of the Consumer Affairs Commission, how you think you can contribute to it as it serves the citizens of South Carolina.
A:     Yes, sir. I've covered a good bit of it in my letter that you have. I don't have to read that again, you've read it, I presume. Or do I read the statement I have here?
Q:     Each of us have that. It refers to a little background about yourself. The employment you had and what experience you've had you feel would help you in serving.
A:     Well, there's going in setting up this letter to you about my qualifications, there's something that in afterthought I did overlook that I want to bring up right now. When I came to South Carolina I started out in Camden in the district forest office as a forest technician. Soon thereafter, within the year, a vacancy opened in the Florence District and they made me district forester in Florence and subsequently the state passed a fire control act which created a new district office in Kingstree. I put in for that office mainly because I couldn't find a place to live in Florence at the time for my wife and eight months old baby. Having been involved as a district forester one of our aims and purposes is to aid and assist land owners in the management of their timer and that was my first experience where I was exposed to certain unethical practices, namely a farmer has a wood lot and he wants to sell his timber. He doesn't think in terms of a timber cruise or land examination. A logger comes along and says, "Here, I'll offer you X number of dollars for this piece of timber." He doesn't know whether he's getting too much or too little. The forest service would render a service where we would go in for the land owner or timber owner, make a woodland examination, give him a report and if he wants to sell his timber we would go in and selectively mark the trees to be cut so that he's insured of two things, an accurate estimate of what's he getting, the value he's getting for his timber and also setting up a sort of sustained yield basis so that maybe his children or grandchildren down the road will still have timber to cut. So this is my first experience with something that would be unethical and therefore, I became, back then, very sympathetic with the consumer. And I felt that has helped me with all these other things, maybe me to the point where I, myself, am a consumer so I'm also being kind of selfish, I want the consumer to be protected. I'm very impressed, I read the legislation or the legislation for the setup of your department for consumer affairs and I was very impressed. I'm retired, I'm still involved in some things, as you may have read. I just got back last week, the Ford Consumer Appeals Board, Charlotte District, where once a month we meet, a four member board, completely unbiased, no affiliation with Ford Motor Company, whatsoever. You as a consumer comes in with a complaint against a dealer or a company. You cannot have any reconciliation. You come before us and we analyze the thing. The board consists of a Ford dealer, a qualified automotive expert and two lay persons, or two consumers I should say. I'm one of the consumers on that board. It is so unbiased if it's a tie vote, if two vote for the consumer and two against the consumer automatically gets the decision. On the contrary if the vote goes to Ford Motor Company, that would have to be unanimous or three to one. The consumer still has restitution because he could go through litigation.
Q:     How were you placed on that board?
A:     There was an opening and I applied. In fact, I think in my resume I sent you the Ford... the Dispute Settlement Board application that shows the whole thing. My brother-in-law was on it prior and he knew he was getting off and frankly said, "Harold, this is a well worthwhile interesting experience." Incidently it's unpaid, it's strictly volunteer. They do pay my expenses to Charlotte and whatever, one hotel and all that. He said, "Harold, put in for it." I did put in for it and the selection is not made by Ford Motor Company, it's made from the University of Michigan by a fellow by the name of Doc Jim Brown and he is the... they have a division at the University of Michigan on consumer appeals. He does the analysis, he makes the decision and then he tells Ford Motor Company, this man is qualified to serve on this board.
Q:     How long have you been doing that?
A:     I'm in my second year now. And it is absolutely fascinating. The procedure is one week before I go to Charlotte, the meeting's on Friday. I get a packet, from Federal Express,... the maximum we ever had, I got a packet, it was twenty-five cases. You sit there... I sit there all week and go over these cases one by one, make by decision and then we meet Friday and take case by case and there were three other decisions there. We discuss it and arrive at a decision. On the application from the consumer it will say do you want to make a personal appearance. If they say yes... and some cases they have to in order for us to look at the car. Particularly on a paint job. They come before the board and we give them some time to further their request of what they want and then, in some cases, where's motor trouble we all go out and look at the car. Well, I'm a consumer, I don't know anything about automotive, so it's up to the automotive expert and he inspects the car and, in some cases, the consumer will have a legitimate excuse and sometimes they don't. So that's basically the modis operandi, you might say, and that's the way we do it. And I might go one step further. They also have another thing. Sometimes they get a decision they can turn in a rebuttal and we review the case a second time. So it's a very fair equitable method of protecting the consumer.
Q:     What do you know about he Consumer Affairs agency itself as far what it's purposes in the State of South Carolina?
A:     Well, I had one of the best briefings I could have ever had. At one of your state legislative committee meetings the AARP, about a year ago, Steve Hamm was our guest speaker and he spelled it out for us and that also made me very impressed with what the Consumer Affairs Commission is trying to do and I think it's... all state agencies are important. I think this is more... more important ones.
Q:     What does it do?
A:     Well, it's helping the consumer... well, I guess one of the big things is, incidently AARP was... monitored this utilities situation with telephone rates and electric utilities and all that. I think that might be a feather in Steve Hamm's cap. I think he was very instrumental in getting some good results there for the consumer.
Q:     I believe you would be a strong advocate for the consumer.
A:     You could depend on that, sir.
Q:     Any questions from the members of the committee?
Response:     None
Q:     Mr. Lesselbaum, again we appreciate your being here and appreciate your being willing to serve. It's not often that people are willing to sacrifice their time that it is necessary to serve in capacities such as this. We commend you for that. In the next several days we will release a report that defines as to who has qualified as candidates. You cannot seek commitments from any members of the legislature at this time or ask anyone to support you at this time,...
A:     Yes, sir.
Q:     ... until that has been released.
A:     Now is that released through the press or directly to me or...
Q:     We will inform you. Our staff will inform you and until it is actually reported on the floor of the house and the senate, you cannot seek commitments or support.
A:     I understand that, sir.
Q:     You are welcome, in the mean time, to write any letters that you want to members of the general assembly stating that you are a candidate and that you have gone through screening and that the report hasn't been released. You can introduce yourself to the members of the general assembly, around the buildings or at receptions and all that we have.
A:     Yes, sir.
Q:     You just can't ask cannot ask for commitments or support until that is filed.
A:     I understand, sir.
Q:     Do you have any questions of the committee?
A:     I believe that pretty well covers it. I do want to say that I appreciate thereafter opportunity of appearing before you and if I am appointed I assure you I'll do my best.
Q:     It will be elected, of course, not appointed.
A:     I'm sorry, I knew that. That procedure, that's a joint session of house and...
Q:     That is correct.
A:     I see.
Q:     Thank you.
A:     Thank you, very much.
Q:     Good to meet you.

THE CHAIRMAN:     Mr. Neeley, we appreciate your being here today. We appreciate your applying for this position and we have certainly have had a chance to look over your questionnaire some and all of the information that you provided. There are some formal questions that I need to ask you to begin with, that we've asked all the other candidates. And following that we'll probably open it to the committee to ask any other questions and you will have an opportunity to state anything to us you want to also. Before I ask you any question, I need to place you under oath. If you will raise your right hand for me please sir.
EDWARD NEELEY, being duly sworn testifies as follows:

1.     Edward B. Neeley

Home Address:

414 28th Ave. North #3

Myrtle Beach, South Carolina 29577

2.     He was born 1/26/26 in Spartanburg, South Carolina. He is presently 69 years old. Social Security #***-**-****.

5.     He was married May 12, 1951 to LaVerne B. Neeley.

6.     Military Service:     US Navy 1/44 to 4/45 - Fireman. Honorable - Medical was injured S.W. Pacific.

7.     Education:     USC 1943-1945. He left USC because he needed more commercial math. He graduated 1948 from Draughns Business College in Columbia, SC.

9.     Organizations:     Elks Lodge 1771, Myrtle Beach, SC. Life member Disabled American Veteran's, Myrtle Beach, SC.

10     Chronological review of employment history:     Commercial credit Corp. Baltimore, Md. - September 1948 retired May 31, 1986.

21.     Five (5) letters of recommendation from Myrtle Beach:     (1) E.S. Sinbaugh, (2) Ricky Browning, (3) Ms. Billie Johnson, (4) William Garvey, (5) Ron L. Paige, Southern National Bank.

MR. NEELEY BEING EXAMINED BY MR. COURTNEY:
Q:     Mr. Neeley do you or any member of your family own or operate any business which contracts with the State of Federal government?
A:     No, sir.
Q:     Do you or any member of your family own or operate any business which receives funds from the Consumer Affairs Commission?
A:     No, sir.
Q:     Have you ever been arrested, charged or held by Federal, State or other law enforcement authority for violation of State, Federal or local laws?
A:     No, sir.
Q:     Have you, to your knowledge, ever been under Federal, State or local investigation for possible violations of the criminal statute?
A:     No, sir.
Q:     Have you ever been disciplined or cited or breath of ethics or unprofessional conduct by any court or agency or association or professional group?
A:     No, sir.
Q:     Are you now or have you ever been employed as a lobbyist or acted in the capacity as a lobbyist principal?
A:     No, sir.
Q:     And do you know of any other legal reason that may cause you difficulty in performing the duties of this elected position?
A:     I can think of none.
Q:     Mr. Neeley, at this time we'd like to learn a little more about you and give you a few minutes and just tell us a little bit about your background. I know you come from a great place in South Carolina, that would be Spartanburg.
A:     Yes, sir.
Q:     That just happens to be where I'm from. And I recognize your name. I know some Neeleys up there. The lumber business for one thing...
A:     Mainly that's the N-E-E-L-Y-S. That separates me from the money ...
Q:     Okay.
A:     ... in Rock Hill and Denmark with the N-E-E-L-Y-S.
Q:     If you would give us a little bit of background about yourself, what your experiences have been so that we can... why you're interested in becoming a member of the Consumer Affairs Commission and what your feel you can contribute to it.
A:     Well, one thing I put on that application, I said I went to the University of South Carolina twice and I left because of lack of math. Well, I was a sixteen year old kid in '43 just out of Columbia High School. There was a war going on. And I was more hep on what I was going to do to get in service then and I had Furman Cannon my professor at the University twice in accounting which I did well in, but when it come to algebra and geography and Spanish, and I'm trying to get out of there and go fight a war I wasn't interested in that and when I came back, I was injured in the Southwest Pacific, I came back and I was discharged I think the day Roosevelt died in April 14th of '45. I went back to the University and it was still the algebra and the Spanish and everything, so I quit and went to Drawns Business College where it used to be on Sumter Street, the twelve hundred block, and I took a two year course and I finished it in eight months. And I had, I think, a ninety-six grade average in accounting and everything which that was what I liked. And right after that I went to work for Commercial Credit. The day after Labor Day, 1948. I started at the bottom at an outside representative. I worked myself up to assistant manager in Augusta, Georgia. I was the district sales representative for Greenville, assistant manager Columbia and Charleston, back into Greenville and I ended up being appointed as the regional operations manager for the Piedmont region which was over some of the offices from West Virginia down through the Carolinas. Then I was promoted to Baltimore as director of branch operations for the whole country. And I stayed there for about two years and they wanted me to clear up a bad situation in Chicago and I went there as a regional vice president and that took everything from Michigan to the Dakotas and then they moved me to Dallas which is the Southwest and then moved me back to Baltimore which I had everything from Baltimore to the Canadian border and then I came back to the Carolinas. I had a mother who had Alzheimer's and I don't have any family or anything, so I took over the State of South Carolina and then I retired May of 1986. I was also a member, when I was in Baltimore, of the executive committee of the National Consumer Credit Counseling Service. Served by people from Sears and Federated Stores, Montgomery Ward and everything and all these consumer credit counseling services that we have through the U.S. And I've dealt with the public. I knew several people. I Emery Hilton, director of the financial institutions. I know Steve Hamm, I've talked to him on a good many occasions. I talked to Ken Porter, I think, who now has his job.
Q:     Why did you become interested in Consumer Affairs?
A:     I feel that with my experience and everything the way I've picked up on the way this company operates, you know the people trying to take advantage of people and everything else, that I've got some experience that maybe I could help my fellow citizens in my last few years. That would be the only way I would want anything to do with it, if I couldn't help someone or be beneficial...
Q:     Do you know anything about the agency itself, had any experience with that?
A:     Not overly, too much. I know it's kind of to police to keep people from taking advantage of the citizens. All companies, I think telephone companies, I've seen a lot of Steve. Before I moved to Myrtle Beach he lived about four doors from me, but I haven't talked with him in, I'd say, the last eight or nine years. But I just thought that maybe I could do something to help.
Q:     Any questions from members of the commission?
EXAMINATION BY MR. BAILEY:
Q:     Mr. Neeley, I'm George Bailey. The latter part of last year the House and Senate put together a Consumer Finance Study Committee, an ad hoc committee to study... I notice you were with Commercial Credit for many, many years. From your letters you did a magnificent job. Did you sit any, by chance, any of the hearings that we had dealing with the consumer finance people, the latter part of last year and the first part of this year?
A:     No.
Q:     I was just wondering, your face looked familiar.
A:     No.
Q:     Okay, sir.
A:     I know when Emery Hempton was there and if I would see something that I didn't think was kosher, you know, going on and coming from out of state or something like that, I'd call up and have a little talk with him, Because I just don't approve of things like that.
THE CHAIRMAN:     Any other questions from the committee?
Response:     None
THE CHAIRMAN:     Anything else, Mr. Neeley, you'd like to tell us about?
A:     Well, I'm in good health. I was sixty-nine years old in January. I enjoy living in Myrtle Beach. I lived in Columbia a number of years. I've still got a house I want to sell here, but I enjoyed the work in the finance business. I enjoyed working with people. I've done sales, personnel, you name it. We have operations in ten or twelve states with a hundred and something offices and I've been president of I don't know how many corporations, state corporations, and everything. I was president of a bank and...
THE CHAIRMAN:     Well, you're certainly well qualified as I see it and again, on behalf of the committee, thank you for applying, to begin with. It's hard to get people to get involved sometimes and sacrifice the time that's involved with something like this. You do understand that this is an elected position.
A:     Yes.
THE CHAIRMAN:     Elected by the general assembly. We will, in     the next several days, issue a report of the committee citing the qualifications of everyone who has applied. Until that time, though, you cannot seek commitments from anyone in the Senate. You cannot ask for anybody's support. I want you to understand though that you are welcome to write any letters that you wish to, to members of the House and Senate telling them that you are a candidate, telling them your background and any information about yourself and that you've been through the screening, but you cannot ask for any commitment or any support from them. You certainly can roam the buildings here and introduce yourself to the members of the general assembly or attend any receptions that are held, anything like that that you want to do. Just understand that you cannot seek commitments or votes or support from anyone until the report is actually filed on the floor of the House and the Senate.
A:     Right.
THE CHAIRMAN:     Our staff will notify you when that will be.     The election is May 25th.
A:     Right.
THE CHAIRMAN:     And we hope to get this report out as soon as we can before then to give you ample time to seek a commitment and so forth.
A:     I don't think you'll have any problem with me on that because I don't like to get involved with these groups. Everything you get in, you know, somebody's got a group here, something there, and it causes a lot of dissension. I just like to stay level right across the board and I'm a friend with everybody. I don't want to go against one and one against this or anything like this. It's just not my nature. I appreciate your inviting me up. Thank you.
THE CHAIRMAN:     Thank you. Well, I appreciate all of you being here.
MR. BAILEY:     Yes, sir.
THE CHAIRMAN:     It appears to me that we have four good     candidates and it's a matter who they want to vote for. I guess we do need a motion by someone...
MR. BAILEY:     I make the motion to report all the four candidates as qualified.
MR. TROTTER:     Second it.
THE CHAIRMAN:     All in favor of that say, "Aye."
Response:     Aye.
THE CHAIRMAN:     Oppose, "No."
Response:     None
THE CHAIRMAN:     The aye's have it. The staff will prepare a     report to that effect and we'll issue a copy to each of you before we release it the general assembly.
MR. BAILEY:     Thank you, Mr. Chairman, good meeting.

Summary

The following persons were unanimously found qualified for vacancy No. 3 on the SC Consumer Affairs Commission:
Ms. Lillian C. Bloom
Mr. James H. Hinton
Mr. Harold R. Lesselbaum
Mr. Edward B. Neeley

Respectfully submitted,
/s/Senator C. Tyrone Courtney, Chairman
/s/Senator Robert W. Hayes, Jr.
/s/Senator Glenn G. Reese
/s/Senator Dick Elliott
/s/Representative George Bailey
/s/Representative James N. Law
/s/Representative Teddy N. Trotter
/s/Representative Lucille S. Whipper

The following was received.
Columbia, S.C., May 17, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Gregory, Jackson and Short of the Committee of Conference on the part of the Senate on S. 602:
S. 602 -- Senators Short, Jackson, Gregory and Giese: A BILL TO AMEND SECTION 34-29-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS AND REPORTS OF RESTRICTED LENDERS, BY ADDING INFORMATION REQUIRED TO BE REPORTED IN THE ANNUAL REPORT MADE BY RESTRICTED LENDERS; TO AMEND SECTION 34-29-140 OF THE 1976 CODE, RELATING TO CHARGES PERMITTED TO RESTRICTED LENDERS, SO AS TO REVISE THE FINANCE CHARGES AND TO PROVIDE LIMITATIONS ON LOAN RENEWALS; TO AMEND SECTION 37-1-301 OF THE 1976 CODE, RELATING TO DEFINITIONS UNDER THE CONSUMER PROTECTION CODE, SO AS TO ADD A DEFINITION FOR "DEBT COLLECTOR"; TO AMEND SECTION 37-1-303 OF THE 1976 CODE, RELATING TO THE INDEX OF DEFINITIONS IN TITLE 37, SO AS TO ADD "DEBT COLLECTOR"; TO AMEND SECTION 37-3-201 OF THE 1976 CODE, RELATING TO LOAN FINANCE CHARGES FOR SUPERVISED LOANS, SO AS TO PROVIDE THAT SUPERVISED LOANS NOT EXCEEDING SIX HUNDRED DOLLARS SHALL BE MADE IN ACCORDANCE WITH SECTION 34-29-140 RELATING TO FINANCE CHARGES FOR RESTRICTED LOANS; TO AMEND SECTION 37-3-305 OF THE 1976 CODE, RELATING TO THE POSTING AND FILING OF MAXIMUM RATE SCHEDULES BY SUPERVISED LENDERS, SO AS TO PROVIDE THAT FOR LOANS NOT EXCEEDING SIX HUNDRED DOLLARS, A RATE MAY NOT BE POSTED WHICH EXCEEDS THE CHARGES IMPOSED IN SECTION 34-29-140; TO AMEND SECTION 37-3-505 OF THE 1976 CODE, RELATING TO RECORDS AND ANNUAL REPORTS FOR SUPERVISED LENDERS, SO AS TO ADD INFORMATION REQUIRED TO BE INCLUDED IN THE ANNUAL REPORT OF SUPERVISED LENDERS; TO AMEND PART 5, CHAPTER 3, TITLE 37 OF THE 1976 CODE, BY ADDING SECTION 37-3-515 SO AS TO PROVIDE A LIMITATION ON LOAN RENEWALS; TO AMEND SECTION 37-5-108 OF THE 1976 CODE, RELATING TO UNCONSCIONABILITY UNDER THE CONSUMER PROTECTION CODE, BY ADDING PARTICULAR CIRCUMSTANCES WHICH CONSTITUTE UNCONSCIONABILITY AND PROVIDING REMEDIES; TO AMEND SECTION 37-6-117 OF THE 1976 CODE, RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES OF THE ADMINISTRATION OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO REQUIRE THE ADMINISTRATION TO DEVISE A PAMPHLET FOR DISTRIBUTION TO CERTAIN CONSUMERS INFORMING THEM OF THEIR RIGHTS; AND TO AMEND SECTION 37-9-102 OF THE 1976 CODE, RELATING TO THE LICENSURE ELECTION, SO AS TO PROVIDE THAT CERTAIN SUPERVISED LENDERS MAY ELECT TO BE RESTRICTED LENDERS.
Very respectfully,
President

Received as information.

The following was received from the Senate.

Columbia, S.C., May 17, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3448:
H. 3448 -- Reps. Spearman, McTeer and Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-27 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL ON LAKE MURRAY IN CERTAIN AREAS AND PROVIDE PENALTIES.
and asks for a Committee of Conference and has appointed Senators Moore, Lander and Waldrep of the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. SPEARMAN, KOON and WITHERSPOON to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

The Senate returned to the House with amendments the following:

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

Rep. CATO explained the Senate amendment.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

May 17, 1995
Mr. Speaker and Members of the House:

I am hereby returning without my signature H. 3977, R.89, an Act:
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.

This veto is based upon my belief that H. 3977, R. 89 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 reason, I am returning H. 3977, R. 89, without my signature.

Sincerely,
David M. Beasley

Rep. WALKER moved to adjourn debate upon the veto, which was adopted.

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

S. 679 -- Senator Passailaigue: A BILL TO AMEND CHAPTER 7 OF TITLE 52, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 52-7-30, RELATING TO THE POWERS OF THE STATE ATHLETIC COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION MAY EXEMPT FROM ITS REGULATIONS CERTAIN SCHOOLS, BUSINESSES, AND ASSOCIATIONS THAT PROVIDE INSTRUCTION IN THE COMBATIVE SPORTS, TO DEFINE CERTAIN TERMS; AND TO FURTHER AMEND CHAPTER 7, BY ADDING SECTION 52-7-145 SO AS TO BAN CONTESTS INVOLVING MORE THAN ONE OF THE COMBATIVE SPORTS AND COMBATIVE SPORTS EVENTS INVOLVING THE USE OF WEAPONS.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

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

S. 624 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO APPLICATIONS FOR SELF-INSURANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1842, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

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

H. 3909 -- Reps. Wright, Askins, Bailey, Gamble, Harvin, Herdklotz, Kirsh, Knotts, McCraw, Riser, Robinson, Simrill, Spearman and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-660 SO AS TO PROVIDE UNDER THE WORKERS' COMPENSATION LAW THAT NO ARCHITECT, ENGINEER, LAND SURVEYOR, LANDSCAPE ARCHITECT, OR THEIR EMPLOYEES OR A CORPORATION, PARTNERSHIP, OR FIRM OFFERING THESE SERVICES WHO IS RETAINED TO PERFORM PROFESSIONAL SERVICES ON A CONSTRUCTION PROJECT IS LIABLE FOR ANY INJURY RESULTING FROM THE EMPLOYER'S FAILURE TO COMPLY WITH SAFETY STANDARDS ON A CONSTRUCTION PROJECT FOR WHICH COMPENSATION IS RECOVERABLE, UNLESS RESPONSIBILITY FOR SAFETY PRACTICES IS SPECIFICALLY ASSUMED BY CONTRACT, AND PROVIDE FOR RELATED MATTERS.

Ordered for consideration tomorrow.

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

H. 3742 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-212 SO AS TO PROVIDE CRIMINAL PENALTIES FOR PERFORMING DENTISTRY, DENTAL HYGIENE, OR DENTAL TECHNOLOGICAL WORK IN VIOLATION OF TITLE 40, CHAPTER 15; AND TO AMEND SECTIONS 40-15-120, 40-15-150, AND 40-15-340, ALL RELATING TO CRIMINAL PENALTIES FOR SPECIFIC VIOLATIONS, SO AS TO INCREASE THE MAXIMUM FINE FROM ONE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS.

Ordered for consideration tomorrow.

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

H. 3954 -- Reps. A. Young, Knotts, Harrison, Chamblee, Haskins, Easterday, Bailey, Inabinett, Mason, Waldrop, Robinson, Witherspoon, Herdklotz, Littlejohn, Riser, Davenport and Vaughn: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION TO ADOPT, SO AS TO FURTHER PROVIDE FOR SPECIFIC FINDINGS THE COURT MUST MAKE IN ALLOWING A NONRESIDENT TO ADOPT A CHILD IN SOUTH CAROLINA.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

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

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".

Ordered for consideration tomorrow.

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

S. 44 -- Senators Courson, Wilson and Gregory: A BILL TO AMEND SECTION 17-13-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CITIZEN ARREST, BY DELETING LANGUAGE RELATING TO EVIL INTENT SO AS TO PROVIDE THAT A CITIZEN'S ARREST MAY BE MADE WHEN A PERSON ENTERS A DWELLING HOUSE ILLEGALLY WITHOUT EXPRESS OR IMPLIED PERMISSION.

Ordered for consideration tomorrow.

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

S. 375 -- Senators Jackson and Courtney: A BILL TO AMEND SECTION 53-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNTY ACCOMMODATION TAX EXEMPTION FROM THE SUNDAY WORK LAWS, SO AS TO PROVIDE THAT A COUNTY MUST COLLECT THE REQUISITE REVENUE IN ONE YEAR AND TO PROVIDE THAT AFTER A COUNTY INITIALLY QUALIFIES, THIS EXEMPTION IS PERMANENT; AND TO PROVIDE A REFERENDUM TO BE HELD STATEWIDE AT THE TIME OF THE 1996 GENERAL ELECTION ON THE QUESTION OF WHETHER SUNDAY WORK SHALL CONTINUE TO BE PROHIBITED, SUBJECT TO AN EMPLOYEE'S RIGHT TO ELECT NOT TO WORK ON SUNDAY, WITH RESULTS TO BE DETERMINED ON A COUNTY-BY-COUNTY BASIS AND THE PROHIBITION EXPIRING JANUARY 1, 1997, IN A COUNTY WITH A MAJORITY "NO" VOTE.

Ordered for consideration tomorrow.

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

S. 397 -- Senator Ryberg: A BILL TO AMEND SECTION 61-1-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIRCUMSTANCES UNDER WHICH A PARTIAL REFUND IS ALLOWED OF A LICENSED BEER, WINE, OR ALCOHOLIC LIQUOR LICENSE OR PERMIT FEE, SO AS TO PROVIDE A PARTIAL REFUND FOR ANY REASON WHICH RESULTED IN THE CLOSE OF THE LICENSED OR PERMITTED ESTABLISHMENT DURING THE FIRST YEAR OF THE BIENNIAL PERIOD AND TO PROVIDE FOR SUCH REFUNDS FOR BIENNIAL LICENSES OR PERMITS ISSUED AFTER JUNE 30, 1992.

Ordered for consideration tomorrow.

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

S. 438 -- Senator Alexander: A BILL TO AMEND SECTION 56-5-750, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO STOP FOR A LAW ENFORCEMENT VEHICLE, SO AS TO REVISE THE PENALTIES AND PROVIDE DEFINITIONS.

Ordered for consideration tomorrow.

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

S. 654 -- Senator Greg Smith: A BILL TO AMEND CHAPTER 5, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT A PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX COLLECTIONS IN EXCESS OF SIX MILLION DOLLARS AND HAS PASSED A REFERENDUM AUTHORIZING THE ISSUANCE OF PERMITS PURSUANT TO SECTION 61-5-180.

Rep. HARRISON moved to waive Rule 5.12, which was agreed to by a division vote of 21 to 5.

Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:

H. 3856 -- Reps. Townsend and Allison: A BILL TO AMEND SECTION 59-24-10, AS AMENDED, AND SECTIONS 59-24-30 AND 59-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERFORMANCE AND LEADERSHIP ASSESSMENTS AND STANDARDS FOR SCHOOL ADMINISTRATORS, SO AS TO FURTHER PROVIDE FOR THESE ASSESSMENTS AND STANDARDS AND TO PROVIDE FOR PROFESSIONAL DEVELOPMENT PLANS AND EVALUATION PROCEDURES FOR THESE ADMINISTRATORS; AND TO AMEND SECTION 59-3-90, AS AMENDED, RELATING TO IN-SERVICE TRAINING PROGRAMS FOR TEACHERS, SO AS TO PROVIDE FOR PROFESSIONAL DEVELOPMENT PLANS FOR TEACHERS.

Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:

H. 3928 -- Rep. Hallman: A BILL TO AMEND CHAPTER 31, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-31-215 SO AS TO PROVIDE A MECHANISM FOR THE ADDITION OF EX OFFICIO MEMBERS ON A COMMISSION OF PUBLIC WORKS IN CITIES WITH MORE THAN THIRTY THOUSAND RESIDENTS AND LESS THAN FIFTY THOUSAND RESIDENTS.

Ordered for consideration tomorrow.

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

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

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. 3843 -- Reps. Cromer, J. Brown and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3910 SO AS TO PROHIBIT PERSONS UNDER FIFTEEN YEARS OF AGE FROM STANDING OR SITTING IN THE OPEN BED OF A PICKUP TRUCK OR TRAILER UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE PENALTIES.

Ordered for consideration tomorrow.

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

S. 180 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-710 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON TO DEVELOP WRITTEN POLICIES AND PROCEDURES FOR PAROLE HEARINGS TO BE HELD BY VIDEO CAMERA AND TO PROMULGATE CERTAIN REGULATIONS, ALLOW THE VICTIM OF THE CRIME FOR WHICH A PRISONER HAS BEEN SENTENCED TO SUBMIT ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY AT THE PRISONER'S PAROLE HEARING INFORMATION FOR CONSIDERATION BY THE BOARD OF PROBATION, PAROLE AND PARDON, ALLOW THE SAME PROCEDURE FOR THE PROSECUTING SOLICITOR, REQUIRE THE BOARD TO CONSIDER, IN MAKING ITS DETERMINATION REGARDING PAROLE FOR A PRISONER, MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING SUBMITTED BY THE PERSON WHOSE PAROLE IS BEING CONSIDERED AND MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY SUBMITTED BY THE PROSECUTING SOLICITOR OR THE VICTIM OR BOTH, AND PROVIDE FOR RELATED MATTERS AND DETAILS CONCERNING SUCH FILM, VIDEO TAPE, OTHER ELECTRONIC INSTRUMENT, OR RECORDING ALLOWED BY THIS SECTION; TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO INSTALL AND USE A CLOSED CIRCUIT TELEVISION SYSTEM IN EACH CORRECTIONAL INSTITUTION OF THE DEPARTMENT THAT HAS PERSONS ELIGIBLE FOR PAROLE, AND REQUIRE THE DEPARTMENT OF PROBATION, PAROLE AND PARDON TO INSTALL AND USE THE SAME SYSTEM AT THE PRINCIPAL OFFICE OF THE DEPARTMENT, FOR THE PURPOSE OF THE CONDUCT OF PAROLE HEARINGS BY MEANS OF A TWO-WAY CLOSED CIRCUIT TELEVISION SYSTEM, AND REQUIRE THAT PAROLE HEARINGS BE CONDUCTED BY MEANS OF THIS SYSTEM.

Ordered for consideration tomorrow.

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

S. 362 -- Senators Cork, Washington, Lander and Elliott: A BILL TO AMEND CHAPTER 5 OF TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, SO AS TO CREATE A RESERVE DETENTION OFFICER PROGRAM, AND TO DESIGNATE SECTIONS 24-5-10 THROUGH 24-5-170 AS ARTICLE 1, CHAPTER 5 OF TITLE 24.

Ordered for consideration tomorrow.

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

S. 609 -- Senators Leatherman, J. Verne Smith, Saleeby, Stilwell, Lander, Wilson and Ryberg: A BILL TO AMEND SECTION 43-7-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECOVERY FROM AN ESTATE FOR MEDICAL ASSISTANCE PAID UNDER MEDICAID, SO AS TO FURTHER SPECIFY SERVICES CONSIDERED TO BE MEDICAL ASSISTANCE AND TO REVISE FROM WHOM RECOVERY MAY BE SOUGHT.

Ordered for consideration tomorrow.

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

S. 691 -- Senator Giese: A BILL TO AMEND SECTION 44-6-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION AND RELEASE OF HEALTH CARE DATA, SO AS TO PROVIDE FOR THE DUTIES OF THE DATA OVERSIGHT COUNCIL; TO DIRECT THE OFFICE OF RESEARCH AND STATISTICS TO PROMULGATE REGULATIONS FOR THE COLLECTION OF INPATIENT AND OUTPATIENT INFORMATION; TO REVISE PROCEDURES FOR RELEASE OF INFORMATION; TO DELETE SPECIFIC INFORMATION TO BE REPORTED AND TO REQUIRE INFORMATION TO BE REPORTED IN ACCORDANCE WITH REGULATIONS; TO REQUIRE CERTAIN FACILITIES PROVIDING OUTPATIENT SERVICES TO REPORT OUTPATIENT INFORMATION; AND TO PROVIDE PENALTIES FOR FAILURE TO REPORT.

Ordered for consideration tomorrow.

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

H. 3806 -- Reps. Hutson, Meacham, Seithel, Simrill, J. Harris, Knotts, Whatley, Martin, Littlejohn, Wofford, Stille, Limehouse, Stuart, Harrison, Allison, Harwell, Fulmer, Phillips, Davenport, Dantzler, Riser, Vaughn, Fleming, Quinn, Tripp and P. Harris: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2780 SO AS TO PROVIDE FOR AND INCREASE PENALTIES FOR FAILING TO STOP WHEN MEETING OR OVERTAKING A STOPPED SCHOOL BUS; AND TO AMEND SECTION 56-5-2775, AS AMENDED, RELATING TO MISDEMEANOR VIOLATIONS FOR FAILING TO STOP FOR A STOPPED SCHOOL BUS, FOR ILLEGALLY ENTERING INTERSECTIONS AND CROSSWALKS, AND FOR PASSING A VEHICLE AT A RAILROAD CROSSING, SO AS TO DELETE THE REFERENCE TO FAILING TO STOP FOR A STOPPED SCHOOL BUS.

Ordered for consideration tomorrow.

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

S. 90 -- Senators Wilson, Rose, Giese and Elliott: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMES OF ARMED ROBBERY AND ATTEMPTED ARMED ROBBERY, SO AS TO EXTEND THE OFFENSE TO CASES IN WHICH A PERSON ALLEGES HE IS ARMED WHILE USING A REPRESENTATION OF A DEADLY WEAPON OR AN OBJECT WHICH A PERSON MAY REASONABLY BELIEVE TO BE A DEADLY WEAPON.

Ordered for consideration tomorrow.

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

S. 96 -- Senators McConnell, Rose, Wilson, Giese and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-175 SO AS TO PROVIDE THAT A MOTOR VEHICLE USED AND OWNED BY A PERSON IN THE THEFT OF PROPERTY MAY BE CONFISCATED.

Ordered for consideration tomorrow.

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

S. 101 -- Senators Leventis, Ryberg, Rose, Giese and Elliott: A BILL TO AMEND SECTION 22-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S JURISDICTION OVER CERTAIN CRIMINAL OFFENSES AND A MAGISTRATE'S AUTHORITY TO IMPOSE SENTENCES, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST A MAGISTRATE SENTENCING ANY PERSON TO CONSECUTIVE TERMS OF IMPRISONMENT TOTALING MORE THAN NINETY DAYS DOES NOT APPLY TO SENTENCES FOR CONVICTIONS RESULTING FROM A VIOLATION OF CHAPTER 11 OF TITLE 34 PERTAINING TO FRAUDULENT CHECKS OR A VIOLATION OF SECTION 16-13-10 RELATING TO FORGERY WHICH INVOLVES A CHECK.

Ordered for consideration tomorrow.

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

S. 525 -- Senator Courtney: A BILL TO AMEND SECTION 47-3-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR TEASING, MALTREATING, OR INJURING POLICE DOGS, SO AS TO CHANGE THE VIOLATION OF THESE OFFENSES FROM A MISDEMEANOR TO A FELONY AND TO INCREASE THE PENALTY.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

The Senate sent to the House the following:

S. 851 -- Senator Leventis: A CONCURRENT RESOLUTION TO CONGRATULATE THE SUMTER HIGH SCHOOL BOYS TRACK TEAM FOR WINNING THE 1995 CLASS AAAA STATE CHAMPIONSHIP AND TO CONGRATULATE THE SUMTER HIGH SCHOOL GIRLS TRACK TEAM FOR AN EXCELLENT YEAR AND A FINE RUNNER-UP PERFORMANCE AT THE 1995 CLASS AAAA STATE CHAMPIONSHIP.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

The Senate sent to the House the following:

S. 829 -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME U.S. HIGHWAY 527 FROM THE SUMTER COUNTY LINE TO THE WILLIAMSBURG COUNTY LINE IN CLARENDON COUNTY THE JAMES HUGH MCFADDIN HIGHWAY AND TO PLACE APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY REFLECTING THE DESIGNATION.

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

The Senate sent to the House the following:

S. 852 -- Senators Mescher and Passailaigue: A CONCURRENT RESOLUTION TO CONGRATULATE COACH F. GERALD MOODY OF MONCKS CORNER FOR HIS INDUCTION INTO THE SOUTH CAROLINA ATHLETIC COACHES ASSOCIATION HALL OF FAME, AND TO RECOGNIZE HIS LIFELONG PROMOTION OF AND SUCCESSFUL PARTICIPATION IN SOUTH CAROLINA EDUCATION AND ATHLETICS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

The Senate sent to the House the following:

S. 854 -- Senators Jackson, Courson, Giese, Patterson, Alexander, Bryan, Cork, Courtney, Drummond, Elliott, Ford, Glover, Gregory, Hayes, Holland, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF EASTOVER MAYOR LEWIS N. SCOTT, WHO DIED SUNDAY, MAY 14, 1995.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

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

H. 4227 -- Rep. Harrell: A BILL TO AMEND TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY GOVERNMENT, BY ADDING CHAPTER 12 SO AS TO PROVIDE FOR A FEE IN LIEU OF PROPERTY TAXES AND TO PROVIDE THE REQUIREMENTS NECESSARY FOR PROJECTS ELIGIBLE FOR SUCH FEES, INCLUDING, AMONG OTHER THINGS, A MINIMUM INVESTMENT THRESHOLD OF TEN MILLION DOLLARS, AN ASSESSMENT RATIO OF NOT LESS THAN SIX PERCENT, AND A MAXIMUM PERIOD FOR THE FEE OF TWENTY YEARS PLUS EXTENSIONS NOT TO EXCEED A TOTAL OF TWENTY-SEVEN YEARS IN CASES OF PROPERTY PLACED IN SERVICE OVER A PERIOD OF YEARS, AND TO PROVIDE WHICH FEE IN LIEU OF TAXES PROVISIONS ARE AVAILABLE FOR PROJECTS BASED ON THE DATE AGREEMENTS ARE ENTERED INTO AND THE TOTAL AMOUNT OF THE PROJECT INVESTMENT; AND TO AMEND SECTIONS 4-29-68, AS AMENDED, AND 12-7-1220, AS AMENDED, RELATING TO THE FEE IN LIEU OF TAXES FOR SPECIAL SOURCE REVENUE BOND PROJECTS AND THE TARGETED JOBS STATE INCOME TAX CREDIT, SO AS TO CONFORM THESE PROVISIONS TO THE FEE IN LIEU OF TAXES OF THE CHAPTER ADDED BY THIS ACT.

Referred to Committee on Ways and Means.

H. 4228 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION - BOARD OF ACCOUNTANCY, RELATING TO REVOCATION OF REGISTRATION AND PENALTIES FOR REINSTATEMENT, OFFICE REGISTRATION, AND RESPONSIBILITIES AND PRACTICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1818, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4229 -- Reps. Klauber, Stille, Carnell and McAbee: A BILL TO AMEND SECTION 7-7-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO REVISE THESE PRECINCTS AND THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

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

H. 4230 -- Reps. Stoddard, Wilder and Carnell: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE LAURENS COUNTY TRANSPORTATION COMMITTEE.

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

H. 4231 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO EMERGENCY MEDICAL SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1848, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4232 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD - RESEARCH AND STATISTICS, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SUBMISSION OF AMBULATORY MEDICAL ENCOUNTER DATA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1859, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4233 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD - RESEARCH AND STATISTICS, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SOUTH CAROLINA HOSPITALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1860, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

S. 559 -- Senator Rose: A BILL TO AMEND ARTICLE 11, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF CASES BEFORE THE FAMILY COURT, BY ADDING SECTION 20-7-1530 SO AS TO PROVIDE FACTORS WHICH MUST BE CONSIDERED IN DETERMINING THE CUSTODY OF MINOR CHILDREN; AND TO ADD SUBARTICLE 2 SO AS TO PROVIDE FOR SPECIAL VISITATION PROVISIONS WHICH A COURT MAY ORDER WHEN AWARDING VISITATION IN CASES INVOLVING DOMESTIC AND FAMILY VIOLENCE.

Referred to Committee on Judiciary.

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

H. 4234 -- Rep. Meacham: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE FORT MILL HIGH SCHOOL "YELLOW JACKETS" MENS TENNIS TEAM OF YORK COUNTY AND ITS COACH FOR WINNING THE 1995 CLASS AAA STATE CHAMPIONSHIP ON WEDNESDAY, MAY 24, 1995, AT A TIME TO BE DETERMINED BY THE SPEAKER.

Be it resolved by the House of Representatives:

That the Fort Mill High School "Yellow Jackets" Mens Tennis Team of York County and its Coach be extended the privilege of the floor of the House of Representatives on Wednesday, May 24, 1995, at a time to be determined by the Speaker.

The Resolution was adopted.

The following was introduced:

H. 4235 -- Rep. Meacham: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FORT MILL HIGH SCHOOL "YELLOW JACKETS" MENS TENNIS TEAM OF YORK COUNTY AND ITS COACH FOR A TRULY OUTSTANDING SEASON BY WINNING THE 1995 CLASS AAA STATE CHAMPIONSHIP.

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

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

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

I came in after the roll call and was present for the Session on Thursday, May 18.

Timothy C. Wilkes                 Olin R. Phillips
B. Hicks Harwell                  Joseph H. Neal
Donald W. Beatty                  Gilda Cobb-Hunter
Richard M. Quinn, Jr.             Theodore A. Brown
Joseph T. McElveen, Jr.           Steve P. Lanford
Harold G. Worley

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

The SPEAKER granted Rep. HARVIN a leave of absence due to representing the State at the Southeastern Compact meeting in Atlanta.

Announcement was made that Dr. Coleman Floyd of Florence is the Doctor of the Day for the General Assembly.

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

H. 4215 -- Reps. Cain and Sandifer: A BILL TO AMEND ACT 613 OF 1992, RELATING TO THE OCONEE COUNTY SUPERINTENDENT OF EDUCATION AND THE SCHOOL DISTRICT OF OCONEE COUNTY, SO AS TO REDUCE FROM NINE TO FIVE THE NUMBER OF MEMBERS ON THE BOARD OF TRUSTEES, PROVIDE THAT AFTER SERVING THE COMPLETION OF THE CURRENT AT-LARGE TERMS THE DISTRICT IS GOVERNED BY TRUSTEES ELECTED ONLY FROM SINGLE-MEMBER DISTRICTS, PROVIDE FOR THE FILLING OF VACANCIES, AND REQUIRE A FILING FEE FOR A CANDIDATE FOR TRUSTEE.

H. 4218 -- Rep. McAbee: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE MCCORMICK COUNTY TRANSPORTATION COMMITTEE.

H. 4219 -- Reps. Carnell, Klauber, McAbee and Stille: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE GREENWOOD COUNTY TRANSPORTATION COMMITTEE.

H. 3844 -- Rep. Cromer: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF FEES AND COSTS TO BE COLLECTED IN EACH COUNTY BY CLERKS OF COURT, REGISTERS OF MESNE CONVEYANCES, AND COUNTY TREASURERS, SO AS TO REVISE CERTAIN OF THESE FEES AND COSTS.

H. 3848 -- Rep. Cromer: A BILL TO AMEND SECTION 30-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER IN WHICH MORTGAGE ASSIGNMENTS MUST BE EXECUTED AND PROBATED, SO AS TO REQUIRE THAT ASSIGNMENT OF MORTGAGE FORMS INCLUDE THE NAME AND ADDRESS OF THE MORTGAGOR AND OF THE MORTGAGEE AND THE BOOK, PAGE, AND DATE OF RECORDING OF THE ORIGINAL MORTGAGE.

H. 3421 -- Reps. Keegan, Kelley, Martin, Worley, Thomas and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-75 SO AS TO AUTHORIZE THE DEPARTMENT OF VETERANS AFFAIRS TO ESTABLISH ONE OR MORE STATE VETERANS' CEMETERIES IN THE STATE AND TO PROVIDE FOR THE MANNER IN WHICH THE CEMETERIES SHALL BE ACQUIRED, MAINTAINED, AND OPERATED.

H. 4216 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STATE PRIMARY DRINKING WATER, DESIGNATED AS REGULATION DOCUMENT NUMBER 1830, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. BAXLEY moved to adjourn debate upon the following Bill until Thursday, May 25, which was adopted.

H. 4217 -- Reps. Baxley, J. Harris, Jennings and Neilson: A BILL TO REPEAL ACT 467 OF 1969 RELATING TO EXTENDING THE JURISDICTION OF THE POLICE DEPARTMENT OF THE TOWN OF JEFFERSON IN CHESTERFIELD COUNTY TO INCLUDE CERTAIN AREAS OUTSIDE THE CORPORATE LIMITS OF JEFFERSON.

The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.

S. 814 -- Senator Holland: A BILL TO REPEAL ACT 467 OF 1969, RELATING TO THE JURISDICTION OF THE POLICE DEPARTMENT OF THE TOWN OF JEFFERSON IN CHESTERFIELD COUNTY.

S. 822 -- Senators Hayes, Peeler, Short and Gregory: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN YORK COUNTY, SO AS TO REDESIGNATE THE VOTING PRECINCTS AND DELETE ARCHAIC REFERENCES TO CERTAIN PRECINCTS' BOUNDARIES.

S. 828 -- Senators Waldrep and O'Dell: A BILL TO AMEND ACT 46 OF 1950, RELATING TO THE DESIGNATION AND AFFIRMATION OF THE SPECIFIC AUTHORITY, RESPONSIBILITIES, AND POWERS OF THE ANDERSON COUNTY BOARD OF EDUCATION, SO AS TO REAFFIRM THE AUTHORITY OF THE BOARD TO ISSUE TAX ANTICIPATION NOTES SIMILAR TO AND CONSISTENT WITH THE TERMS AND PROVISIONS OF PARAGRAPH FOUR OF SECTION 11-27-50 OF THE 1976 CODE.

S. 546 -- Senators Glover and Ford: A BILL TO AMEND CHAPTER 1, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-260 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR A PERSON PERFORMING AN EARLY PERIODIC SCREENING, DIAGNOSIS, AND TREATMENT SCREENING (EPSDT) OR EXAMINATION OF A CHILD TO REFER THE CHILD TO AN APPROPRIATE AGENCY FOR AN ASSISTIVE TECHNOLOGY EVALUATION IF IT IS DETERMINED THAT THE CHILD MAY BENEFIT FROM SUCH TECHNOLOGY.

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

H. 4224 -- Reps. Stille, Carnell, McAbee and Townsend: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE ABBEVILLE COUNTY TRANSPORTATION COMMITTEE.

H. 4226 -- Reps. Stuart, Cobb-Hunter, Sharpe, Felder and Govan: A BILL TO AUTHORIZE THE MEMBERS OF THE ORANGEBURG COUNTY TRANSPORTATION COMMITTEE TO BE REIMBURSED MILEAGE FROM FUNDS AVAILABLE FOR ADMINISTRATIVE EXPENSES OF THE COMMITTEE AND TO PROVIDE FOR THE ALLOWABLE RATE.

On motion of Rep. STUART, with unanimous consent, it was ordered that H. 4226 be read the third time tomorrow.

Rep. KIRSH moved to adjourn debate upon the following Bill until Tuesday, May 23, which was adopted.

S. 786 -- Senators Hayes, Peeler, Short and Gregory: A BILL TO AMEND ACT 959 OF 1954, AS AMENDED, RELATING TO THE CREATION OF THE YORK COUNTY NATURAL GAS AUTHORITY, SO AS TO EXPAND THE SERVICE AREA TO A PORTION OF CHEROKEE COUNTY; TO INCREASE THE BOARD OF DIRECTORS OF THE AUTHORITY FROM SIX TO TEN MEMBERS AND CHANGE ITS COMPOSITION; TO PROVIDE THAT ANY MEMBER OF THE AUTHORITY HAVING THREE UNEXCUSED ABSENCES DURING A CALENDAR YEAR MUST BE REMOVED BY THE GOVERNOR; TO AUTHORIZE THE AUTHORITY TO PURCHASE, MANUFACTURE, PRODUCE, AND TRANSPORT LIQUEFIED NATURAL GAS, COMPRESSED NATURAL GAS, AND PROPANE; TO CORRECT ARCHAIC REFERENCES; TO AUTHORIZE THE AUTHORITY TO ESTABLISH A RESERVE FUND; TO DELETE THE REQUIREMENT THAT ALL UNENCUMBERED REVENUES FROM THE SYSTEM BE PAID OVER TO YORK COUNTY AND THE MUNICIPALITIES SERVED BY THE AUTHORITY AND PROVIDE THAT THESE FUNDS MUST BE USED INSTEAD TO EXPAND THE SYSTEM OR TO REDUCE CUSTOMER RATES; AND TO PROVIDE THAT THE AUTHORITY MUST DURING THE MONTH OF DECEMBER OF EACH YEAR CONDUCT AN ANNUAL MEETING OF THE MEMBERS OF THE COUNTY LEGISLATIVE DELEGATION, COUNTY COUNCIL, AND MUNICIPAL COUNCILS FOR THE PURPOSE OF REPORTING THE PREVIOUS YEAR'S ACTIVITIES AND FUTURE EXPANSION PLANS OF THE AUTHORITY.

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

S. 533 -- Finance Committee: 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 ALLOW A GOVERNING BODY OF A MUNICIPALITY BY ORDINANCE TO EXEMPT FROM MUNICIPAL AD VALOREM TAX FOR NOT MORE THAN FIVE YEARS PROPERTY LOCATED IN THE MUNICIPALITY RECEIVING THE FIVE-YEAR EXEMPTION FROM COUNTY AD VALOREM TAXES AS NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION FACILITIES, RESEARCH AND DEVELOPMENT FACILITIES, AND ADDITIONS TO SUCH FACILITIES, AND TO PROVIDE THAT THIS EXEMPTION FIRST IS ALLOWED WHEN THE STATE CONSTITUTION IS AMENDED SO AS TO AUTHORIZE THE EXEMPTION.

The following Bill was taken up.

S. 370 -- Senators Bryan, Giese, Washington and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-5245 SO AS TO PROVIDE REQUIREMENTS FOR PLACEMENT OF EMOTIONALLY DISTURBED CHILDREN IN SUBSTITUTE CARE SETTINGS.

Rep. J. BROWN moved to recommit the Bill to the Committee on Medical, Military, Public and Municipal Affairs, which was agreed to.

The following Joint Resolution was taken up.

H. 3962 -- Reps. Wilkins, Harrison, D. Smith, Huff, Wells, Witherspoon, H. Brown, Sharpe, Meacham, Fulmer, Fleming, Mason, Wright, A. Young, Keegan, Cain, Tripp, Rice, Riser, Herdklotz, Seithel, Kelley, Trotter, Haskins, Simrill, Hutson, Wofford, Marchbanks, Cotty, Fair, R. Smith, Harrell, Stuart, Klauber, Walker and Sandifer: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SUPREME COURT; SECTION 8, ARTICLE V, RELATING TO THE COURT OF APPEALS; SECTION 13, ARTICLE V, RELATING TO THE JUDICIAL CIRCUITS AND THE COURTS THEREOF; SECTION 17, ARTICLE V, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES OF THE UNIFIED COURT SYSTEM; AND SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, AND THE CIRCUIT COURT, SO AS TO PROVIDE THAT JUDGES OF THESE COURTS MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION; AND TO AMEND ARTICLE V OF THE CONSTITUTION OF THIS STATE RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO ESTABLISH THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION TO NOMINATE CANDIDATES FOR THE ABOVE JUDICIAL OFFICES AND FOR JUDGES OF OTHER COURTS OF UNIFORM JURISDICTION AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.

Reps. HODGES, SCOTT, WILKES, KNOTTS, KIRSH, LLOYD, MOODY-LAWRENCE, HUFF, R. SMITH, HARRISON, D. SMITH, BYRD, INABINETT, HOWARD and EASTERDAY objected to the Joint Resolution.

The following Bill was taken up.

H. 3961 -- Reps. Wilkins, Harrison, D. Smith, Huff, Cromer, Fulmer, Wells, Meacham, Cotty, Witherspoon, Wright, Tripp, H. Brown, Sharpe, Sandifer, Cain, Fair, Rice, Fleming, Mason, A. Young, Kelley, Herdklotz, Seithel, Riser, Haskins, Simrill, Keegan, Trotter, Hutson, R. Smith, Marchbanks, Harrell, Stuart, Klauber, Waldrop and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO CREATE THE JUDICIAL MERIT SELECTION COMMISSION AND TO ESTABLISH ITS POWERS, DUTIES, AND FUNCTIONS; TO AMEND SECTIONS 1-23-510, 1-23-520, 1-23-525, 1-23-530, AND 1-23-550, RELATING TO JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE JUDGES MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE JUDICIAL MERIT SELECTION COMMISSION; 2-19-10, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO REVIEW CANDIDATES, SO AS TO DELETE PROVISIONS ON ELECTING THE MEMBERS OF THE JUDICIARY; 14-1-215, AS AMENDED, RELATING TO RETIRED JUDGES OR JUSTICES PRESIDING IN CERTAIN COURTS, SO AS TO FURTHER PROVIDE FOR THE MANNER AND CONDITIONS OF THIS SERVICE; 14-3-10, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO PROVIDE THAT THE JUSTICES THEREOF SHALL BE APPOINTED BY THE GOVERNOR IN THE MANNER PROVIDED ABOVE INSTEAD OF ELECTED BY THE GENERAL ASSEMBLY; 14-3-20, RELATING TO THE QUALIFICATIONS OF JUSTICES TO THE SUPREME COURT, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR INSTEAD OF ELECTION BY THE GENERAL ASSEMBLY; 14-3-40, RELATING TO THE VACANCIES IN THE SUPREME COURT, SO AS TO PROVIDE FOR APPOINTMENTS TO FILL A VACANCY; 14-5-110, RELATING TO THE QUALIFICATIONS OF CIRCUIT COURT JUDGES, SO AS TO REFER TO THEIR APPOINTMENT RATHER THAN THEIR ELECTION; 14-5-160, RELATING TO THE ASSIGNMENT OF A JUDGE TO FILL A VACANCY, SO AS TO PROVIDE THE PROCEDURE TO FILL A VACANCY; 14-5-610, AS AMENDED, RELATING TO JUDICIAL CIRCUITS AND ELECTION OF JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-20, RELATING TO THE ELECTION OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-30, RELATING TO THE QUALIFICATIONS OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; 14-8-40, RELATING TO THE OATH OF OFFICE OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-60, RELATING TO THE VACANCIES ON THE COURT OF APPEALS, SO AS TO PROVIDE FOR THE PROCEDURE TO FILL A VACANCY; 20-7-1370, AS AMENDED, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 20-7-1410, RELATING TO THE INITIAL ELECTION OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; TO REPEAL SECTIONS 2-19-70 AND 2-19-80, RELATING TO THE PROHIBITION AGAINST PLEDGING AND REOPENING OF FILING WHERE INCUMBENT JUDGES WITHDRAW, DIE, OR ARE FOUND NOT QUALIFIED, RESPECTIVELY; AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE ESTABLISHING THE JUDICIAL MERIT SELECTION COMMISSION TO ASSIST THE GOVERNOR IN APPOINTING JUDGES FOR THE ABOVE-REFERENCED COURTS.

Reps. P. HARRIS, SCOTT, HODGES, HUFF, R. SMITH, EASTERDAY, D. SMITH, WILKES, HERDKLOTZ, KNOTTS, CAVE, MOODY-LAWRENCE, KIRSH, HOWARD and DAVENPORT objected to the Bill.

Upon the withdrawal of objections by Reps. NEILSON, SPEARMAN, R. SMITH, TUCKER, FELDER and WHATLEY the following Bill was taken up.

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.

Rep. CARNELL objected to the Bill.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7485BDW.95).

Amend the bill, as and if amended, Section 50-3-316, line 31, after /applicants./ by inserting /If an enforcement officer does not reside in the county or within fifteen miles of the county for which he is employed, he shall move to the county or within fifteen miles of the county at his expense within three months of employment./ so that when amended the section reads:

/Section 50-3-316.     The department shall, In employing enforcement officers, the department shall use the criteria as required by the Division of Human Resource Management and the department, which shall. The criteria must include, but is not limited to, a written examination, physical examination, and interview. Each applicant shall be is required to perform at minimal levels as required by the Division of Human Resource Management and the department. The department shall employ the most qualified applicants. If an enforcement officer does not reside in the county or within fifteen miles of the county for which he is employed, he shall move to the county or within fifteen miles of the county at his expense within three months of employment.

The department, when employing enforcement officers within a particular county, must hire those applicants, if any, who meet the minimum employment qualification requirements as required by the Division of Human Resource Management and the department and who reside within that particular county before the department may hire other qualified applicants who reside outside that county.

If more than one vacancy exists in a county, the resident candidate with the next highest score will be chosen to fill the second vacancy. Additional vacancies would be filled in the same manner.

If there are no candidates for that county who meet the minimum requirements, the vacancy will be filled by the top scoring candidate regardless of county of residence./

Amend title to conform.

Rep. SHARPE explained the amendment.

Rep. McABEE moved to adjourn debate upon the Bill until Tuesday, May 23.

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

Reps. BAXLEY and WHITE objected to the Bill.

The SPEAKER granted Rep. BAXLEY a temporary leave of absence to attend a meeting with the Attorney General.

Upon the withdrawal of objections by Reps. TUCKER, ROBINSON, R. SMITH, HINES, WITHERSPOON, SIMRILL, RISER, D. SMITH, SPEARMAN, LIMBAUGH and SHARPE the following Bill was taken up.

S. 688 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-13-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME FISH BREEDERS, SO AS TO PROVIDE THAT LICENSED INDIVIDUALS MAY SELL, OFFER FOR SALE, AND TRANSPORT CERTAIN CULTURED GAME FISH TO STOCK OR RESTOCK CULTURED GAME FISH THAT EXCEEDS FOUR INCHES IN OVERALL LENGTH, TO PROVIDE A DEFINITION FOR CULTURED GAME FISH, AND TO MAKE OTHER GRAMMATICAL AND TECHNICAL CHANGES.

Rep. SHARPE moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs, which was agreed to.

Rep. SPEARMAN withdrew her objection to H. 3057 however, other objections remained upon the Bill.

Rep. SCOTT asked unanimous consent to recall H. 3660 from the Committee on Education and Public Works.

Rep. TOWNSEND objected.

Rep. SIMRILL asked unanimous consent to recall H. 3474 from the Committee on Judiciary.

Rep. SCOTT objected.

Rep. GOVAN asked unanimous consent to recall H. 4051 from the Committee on Judiciary.

Rep. HARRISON objected.

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

H. 3900 -- Rep. Huff: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-115 SO AS TO PROVIDE THAT A FAMILY COURT-APPOINTED GUARDIAN AD LITEM IS IMMUNE FROM LIABILITY FOR ACTS OR OMISSIONS RELATING TO THE COURT APPOINTMENT; AND TO REPEAL SECTION 20-7-127 RELATING TO LIMITED IMMUNITY OF VOLUNTEER GUARDIANS AD LITEM IN FAMILY COURT PROCEEDINGS.

Rep. McABEE asked unanimous consent to recall H. 3746 from the Committee on Agriculture, Natural Resources and Environmental Affairs.

Rep. SHARPE objected.

The Senate amendments to the following Bill were taken up for consideration.

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

Rep. HARRISON explained the Senate amendment.

The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.

The Senate amendments to the following Bill were taken up for consideration:

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.

Rep. WILDER explained the Senate amendment.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The following Bill was taken up.

H. 4136 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-250 SO AS TO PROVIDE THAT A PERSON WHO COLLECTS AND SUBMITS AN ANONYMOUS SAMPLE OF THE PERSON'S OWN BODY FLUID OR TISSUE FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV) TESTING IS NOT REQUIRED TO REPORT A POSITIVE TEST RESULT AND THAT THE RESULTS ARE CONFIDENTIAL; AND TO FURTHER PROVIDE THAT A POSITIVE RESULT MUST BE REPORTED BY THE LABORATORY TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITHOUT IDENTIFYING INFORMATION INCLUDED IN THE REPORT.

Rep. FAIR moved to adjourn debate upon the Bill until Tuesday, May 23.

Rep. HUFF moved to table the motion, which was agreed to by a division vote of 41 to 19.

Rep. FAIR explained the Bill.

The Bill was read the third time and ordered sent to the Senate by a division vote of 53 to 20.

The motion period was dispensed with on motion of Rep. SHEHEEN.

Debate was resumed on the following Bill, the pending question being the consideration of the motion to reconsider the vote whereby Amendment No. 3 was rejected.

S. 46 -- Senators Jackson, Elliott, Rose and Washington: A BILL TO AMEND SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, AND 20-7-2900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF LICENSES FOR PRIVATE DAY CARE CENTERS AND RENEWAL THEREOF, APPROVAL OF PUBLIC DAY CARE CENTERS AND RENEWAL THEREOF, THE REGISTRATION OF OPERATORS OF FAMILY DAY CARE HOMES, AND THE ISSUANCE OF LICENSES FOR OR THE REGISTERING OF CHURCH DAY CARE CENTERS, SO AS TO REQUIRE THAT ALL PERSONS APPLYING FOR A LICENSE AS AN OPERATOR OF OR AN EMPLOYEE AT DAY CARE FACILITIES MUST UNDERGO A FINGERPRINT REVIEW TO BE CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION AND TO PROHIBIT THE ISSUANCE OF DAY CARE LICENSES IF SUCH OPERATORS OR EMPLOYEES HAVE BEEN CONVICTED OF CERTAIN CRIMES AND TO AMEND CHAPTER 7 OF TITLE 20 BY ADDING SECTION 20-7-2720, SO AS TO PROVIDE THAT THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION MAY NOT CHARGE MORE THAN TEN DOLLARS FOR STATE BACKGROUND CHECKS REQUIRED FOR CHILD CARE FACILITIES.

Debate was resumed on the motion to reconsider the vote whereby Amendment No. 3 was rejected, which was agreed to by a division vote of 37 to 29.

Reps. FAIR, HASKINS, HUFF, VAUGHN, ROBINSON and SIMRILL proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\DKA\4020AC.95), which was tabled.

Amend the bill, as and if amended, by deleting SECTION 7 of the bill in its entirety.

Renumber sections to conform.

Amend title to conform.

Rep. FAIR explained the amendment.

The ACTING SPEAKER HUFF granted Rep. G. BROWN a leave of absence for the remainder of the day.

Rep. FAIR continued speaking.

Rep. FAIR spoke in favor of the amendment.

Rep. GAMBLE spoke against the amendment.

Rep. ROBINSON spoke in favor of the amendment.

Rep. CROMER moved to table the amendment.

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

Those who voted in the affirmative are:

Anderson               Askins                 Baxley
Boan                   Breeland               Brown, J.
Brown, T.              Byrd                   Cave
Clyburn                Cobb-Hunter            Cotty
Cromer                 Dantzler               Felder
Fulmer                 Gamble                 Hallman
Harris, J.             Hines                  Hodges
Howard                 Hutson                 Inabinett
Jennings               Keegan                 Keyserling
Kirsh                  Knotts                 Lloyd
McAbee                 McElveen               McMahand
McTeer                 Moody-Lawrence         Neal
Neilson                Phillips               Rhoad
Richardson             Riser                  Rogers
Scott                  Sheheen                Shissias
Spearman               Stille                 Stoddard
Stuart                 Townsend               Trotter
Tucker                 Whipper, S.            White
Wilder                 Wilkes                 Witherspoon

Those who voted in the negative are:

Allison                Brown, H.              Cain
Carnell                Cato                   Chamblee
Davenport              Delleney               Easterday
Fair                   Fleming                Harvin
Herdklotz              Huff                   Kelley
Kinon                  Klauber                Law
Limbaugh               Limehouse              Littlejohn
Marchbanks             Meacham                Quinn
Rice                   Robinson               Sandifer
Seithel                Sharpe                 Simrill
Smith, R.              Tripp                  Vaughn
Waldrop                Walker                 Wells
Wilkins                Wofford                Young, A.
Young, J.

So, the amendment was tabled.

Rep. TRIPP moved that the House do now adjourn.

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

Those who voted in the affirmative are:

Anderson               Beatty                 Boan
Breeland               Brown, H.              Carnell
Chamblee               Clyburn                Cooper
Dantzler               Delleney               Fair
Felder                 Fleming                Herdklotz
Hines                  Huff                   Kinon
Kirsh                  Klauber                Littlejohn
Marchbanks             McAbee                 McCraw
McMahand               Phillips               Rhoad
Rice                   Robinson               Sharpe
Smith, R.              Stille                 Stoddard
Townsend               Tripp                  Trotter
Tucker                 Waldrop                Walker
Wells                  Whipper, S.            Young, J.

Those who voted in the negative are:

Allison                Askins                 Baxley
Brown, J.              Byrd                   Cain
Cato                   Cave                   Cobb-Hunter
Cotty                  Cromer                 Davenport
Easterday              Fulmer                 Gamble
Govan                  Hallman                Harris, J.
Harrison               Harvin                 Hodges
Howard                 Hutson                 Inabinett
Keegan                 Kelley                 Keyserling
Knotts                 Limbaugh               Limehouse
Lloyd                  Martin                 McElveen
McTeer                 Meacham                Moody-Lawrence
Neal                   Quinn                  Richardson
Riser                  Rogers                 Sandifer
Scott                  Seithel                Sheheen
Shissias               Simrill                Spearman
Stuart                 Thomas                 Vaughn
Whatley                White                  Wilder
Wilkes                 Wilkins                Witherspoon
Wofford                Wright                 Young, A.

So, the House refused to adjourn.

Reps. HASKINS and HUFF proposed the following Amendment No. 10, which was tabled.

Amend the bill, as and if amended, by deleting from page 9, line 22, beginning with word "Registration" through line 25.

Amend title to conform.

Rep. HUFF explained the amendment.

Reps. CROMER and SHISSIAS spoke against the amendment.

Rep. HUFF spoke in favor of the amendment.

Rep. NEAL spoke against the amendment.

Rep. SIMRILL moved that the House do now adjourn.

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

Those who voted in the affirmative are:

Anderson               Baxley                 Brown, H.
Carnell                Clyburn                Cooper
Davenport              Delleney               Easterday
Fair                   Felder                 Fleming
Herdklotz              Huff                   Jennings
Klauber                Marchbanks             McAbee
Rhoad                  Rice                   Robinson
Sharpe                 Simrill                Smith, D.
Smith, R.              Stille                 Stoddard
Tripp                  Trotter                Vaughn
Walker                 Wells                  Whipper, S.
Wilkins

Those who voted in the negative are:

Allison                Askins                 Boan
Breeland               Brown, J.              Byrd
Cain                   Canty                  Cato
Cave                   Cobb-Hunter            Cotty
Cromer                 Dantzler               Fulmer
Gamble                 Govan                  Hallman
Harrell                Harris, J.             Harrison
Harvin                 Harwell                Hines
Hodges                 Howard                 Hutson
Inabinett              Keegan                 Kelley
Keyserling             Kirsh                  Knotts
Koon                   Law                    Limbaugh
Limehouse              Littlejohn             Lloyd
McCraw                 McElveen               McMahand
McTeer                 Meacham                Moody-Lawrence
Neal                   Neilson                Phillips
Quinn                  Richardson             Riser
Rogers                 Sandifer               Seithel
Shissias               Spearman               Stuart
Thomas                 Whatley                White
Wilder                 Wilkes                 Wofford
Wright                 Young, A.

So, the House refused to adjourn.

Rep. NEAL moved to table the amendment.

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

Those who voted in the affirmative are:

Anderson               Askins                 Baxley
Boan                   Breeland               Brown, T.
Byrd                   Canty                  Cave
Clyburn                Cobb-Hunter            Cotty
Cromer                 Dantzler               Felder
Fulmer                 Gamble                 Govan
Hallman                Harrell                Harris, J.
Harrison               Harvin                 Hines
Hodges                 Howard                 Hutson
Inabinett              Jennings               Keyserling
Kirsh                  Knotts                 Koon
Law                    Lloyd                  Martin
McAbee                 McElveen               McMahand
McTeer                 Moody-Lawrence         Neal
Neilson                Phillips               Rhoad
Richardson             Riser                  Rogers
Seithel                Sheheen                Shissias
Spearman               Stille                 Stoddard
Stuart                 Thomas                 Whatley
White                  Wilder                 Wilkes
Witherspoon

Those who voted in the negative are:

Allison                Cain                   Carnell
Cato                   Chamblee               Cooper
Davenport              Delleney               Easterday
Fair                   Fleming                Herdklotz
Kelley                 Klauber                Limbaugh
Limehouse              Littlejohn             Marchbanks
Meacham                Quinn                  Rice
Robinson               Sandifer               Sharpe
Simrill                Smith, R.              Tripp
Trotter                Vaughn                 Walker
Wells                  Wilkins                Wright
Young, A.              Young, J.

So, the amendment was tabled.

Rep. DAVENPORT proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\BBM\10311AC.95), which was tabled.

Amend the bill, as and if amended, Section 20-7-2730 by adding an appropriately lettered subsection to read:

/( )     Before a person is employed by the State Department of Social Services to work in the department's Day Care Licensing Division the person must undergo psychological testing and the test results must indicate that the person is psychologically and emotionally suited to carry out the responsibilities of the position. The Department of Social Services, after consulting with the State Board of Examiners in Psychology, shall promulgate regulations to carry out the requirements of this section./

Renumber sections to conform.

Amend title to conform.

Rep. DAVENPORT explained the amendment.

Rep. GAMBLE raised the Point of Order that Amendment No. 11 was out of order as it was not germane in that the Bill dealt with the licensing of day care centers and those who work in day care centers and the amendment dealt with those who work in the Department of Social Services.

Rep. DAVENPORT argued contra the Point in stating that the employees could go in the facility and affect the license.

The SPEAKER stated that the amendment had been changed since yesterday and now it referred to the employees of the department's day care licensing division and it was germane and he overruled the Point of Order.

Rep. NEAL moved to table the amendment.

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

Those who voted in the affirmative are:

Anderson               Askins                 Baxley
Breeland               Brown, J.              Brown, T.
Byrd                   Canty                  Cave
Clyburn                Cobb-Hunter            Cotty
Cromer                 Dantzler               Fulmer
Gamble                 Hallman                Harrell
Harvin                 Hines                  Hodges
Howard                 Inabinett              Keegan
Keyserling             Kinon                  Kirsh
Knotts                 Koon                   Law
Lloyd                  Martin                 McElveen
McMahand               McTeer                 Moody-Lawrence
Neal                   Phillips               Riser
Rogers                 Seithel                Sheheen
Shissias               Spearman               Stille
Stuart                 Thomas                 Whipper, S.
White                  Wilder                 Wilkes
Witherspoon

Those who voted in the negative are:

Allison                Cain                   Cato
Chamblee               Cooper                 Davenport
Delleney               Easterday              Fair
Felder                 Fleming                Herdklotz
Huff                   Hutson                 Kelley
Klauber                Limbaugh               Limehouse
Marchbanks             Meacham                Neilson
Quinn                  Rhoad                  Rice
Richardson             Robinson               Sandifer
Sharpe                 Simrill                Smith, D.
Smith, R.              Stoddard               Tripp
Trotter                Vaughn                 Walker
Wells                  Whatley                Wilkins
Wright                 Young, J.

So, the amendment was tabled.

Rep. DAVENPORT proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\JIC\6017AC.95), which was tabled.

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

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

"Section 20-7-3097.     At any time the department cites a child day care center, group day care home, or family day care home for a violation of this chapter or regulations promulgated pursuant to this chapter and the violation is disproved or determined to be unfounded or without merit, in an administrative or judicial proceeding, the department may be ordered to pay attorney's fees, and the department publicly must issue a statement acknowledging the department's error."/

Renumber sections to conform.

Amend title to conform.

Rep. DAVENPORT explained the amendment.

Rep. NEAL moved to table the amendment.

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

Those who voted in the affirmative are:

Askins                 Baxley                 Boan
Breeland               Brown, J.              Brown, T.
Byrd                   Canty                  Carnell
Cave                   Clyburn                Cobb-Hunter
Cotty                  Cromer                 Dantzler
Fulmer                 Gamble                 Hallman
Harrell                Harris, J.             Harrison
Harvin                 Hines                  Howard
Inabinett              Jennings               Keegan
Kelley                 Keyserling             Kirsh
Klauber                Knotts                 Koon
Law                    Lloyd                  Martin
McAbee                 McElveen               McMahand
McTeer                 Moody-Lawrence         Neal
Phillips               Richardson             Riser
Rogers                 Seithel                Shissias
Stille                 Stuart                 Thomas
Whipper, S.            White                  Wilder
Witherspoon

Those who voted in the negative are:

Allison                Beatty                 Cain
Cato                   Chamblee               Cooper
Davenport              Delleney               Easterday
Fair                   Felder                 Fleming
Herdklotz              Huff                   Hutson
Kinon                  Limbaugh               Limehouse
Littlejohn             Marchbanks             Meacham
Neilson                Quinn                  Rhoad
Rice                   Robinson               Sandifer
Sharpe                 Simrill                Smith, D.
Smith, R.              Stoddard               Tripp
Vaughn                 Walker                 Wells
Whatley                Wilkes                 Wilkins
Young, J.

So, the amendment was tabled.

Rep. MARCHBANKS inquired about a fiscal impact statement being attached to the Bill.

The SPEAKER stated that in compliance with Rule 5.13 the Bill did have a fiscal impact statement attached.

Rep. HUFF raised the Point of Order that the Bill was out of order in that the revised fiscal impact statement was not attached to the Bill in compliance with Rule 5.13 and the fiscal impact statement in the Bill did not reflect the changes that had been made.

Rep. SHEHEEN stated that the fiscal impact statement in the Bill was all that was required under Rule 5.13 before the Bill received second reading.

Rep. HUFF continued to argue that the new revised fiscal impact statement should be attached to the Bill.

The SPEAKER stated that the fiscal impact statement in the Bill met the requirements of Rule 5.13 and he overruled the Point of Order.

The question then recurred to the passage of the Bill on second reading.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Anderson               Askins                 Baxley
Boan                   Breeland               Brown, H.
Brown, J.              Brown, T.              Byrd
Cain                   Canty                  Carnell
Cave                   Clyburn                Cobb-Hunter
Cotty                  Cromer                 Dantzler
Fulmer                 Gamble                 Govan
Hallman                Harrell                Harris, J.
Harrison               Harvin                 Harwell
Hines                  Hodges                 Howard
Hutson                 Inabinett              Jennings
Keegan                 Kelley                 Keyserling
Kinon                  Kirsh                  Knotts
Koon                   Law                    Lloyd
Martin                 McAbee                 McElveen
McMahand               McTeer                 Moody-Lawrence
Neal                   Neilson                Phillips
Rhoad                  Richardson             Riser
Rogers                 Sandifer               Seithel
Sheheen                Shissias               Spearman
Stuart                 Thomas                 Waldrop
Whipper, S.            White                  Wilder
Wilkes                 Witherspoon            Wofford
Wright

Those who voted in the negative are:

Allison                Cato                   Chamblee
Cooper                 Davenport              Delleney
Easterday              Fair                   Fleming
Herdklotz              Huff                   Klauber
Limbaugh               Limehouse              Littlejohn
Marchbanks             Meacham                Quinn
Rice                   Robinson               Simrill
Smith, D.              Smith, R.              Stille
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Wells
Whatley                Wilkins                Young, A.
Young, J.

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

Bill #: S. 46

The reason for abstaining on the above reference legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. E. DeWITT McCRAW

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

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

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 80, S. 802 by a vote of 44 to 0.
(R80) S. 802 -- Senators Mescher, Rose and Richter: AN ACT TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING BERKELEY COUNTY TO THE GOVERNING BODY OF BERKELEY COUNTY.
Very respectfully,
President

Rep. HUFF moved to adjourn debate upon the message, which was adopted.

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

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 79, S. 767 by a vote of 44 to 0.
(R79) S. 767 -- Senators Matthews and Williams: AN ACT TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM THAT PORTION OF SECONDARY ROAD S-38-1840 IN ORANGEBURG COUNTY BETWEEN THE GATES AT EITHER END OF THE ORANGEBURG-WILKINSON HIGH SCHOOL.
Very respectfully,
President

Rep. HUFF moved to adjourn debate upon the message, which was adopted.

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

S. 264 -- Senators Stilwell, Moore, Rose and Jackson: A BILL TO AMEND SECTION 1-3-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNOR FILLING VACANCIES IN AN OFFICE OF THE EXECUTIVE DEPARTMENT BY APPOINTMENT UNDER CERTAIN CONDITIONS, SO AS TO EXCLUDE THE OFFICE OF LIEUTENANT GOVERNOR BECAUSE THE MANNER IN WHICH VACANCIES IN THIS OFFICE ARE FILLED ARE PROVIDED FOR IN OTHER PROVISIONS OF LAW; SECTION 1-3-240, AS AMENDED, RELATING TO THE REMOVAL OF STATE AND COUNTY OFFICERS, BY THE GOVERNOR, SO AS TO REVISE A REFERENCE TO THE DEPARTMENT OF REVENUE AND TAXATION AND ITS COMMISSION; SECTION 1-7-920, RELATING TO THE COMMISSION ON PROSECUTION COORDINATION, SO AS TO CORRECT A REFERENCE TO A REPRESENTATIVE ON THE COMMISSION FROM THE DEPARTMENT OF PUBLIC SAFETY; SECTION 1-7-940, RELATING TO THE DUTIES OF THE COMMISSION ON PROSECUTION COORDINATION, SO AS TO REQUIRE THE COMMISSION TO PROVIDE TRAINING FOR VICTIM/WITNESS ASSISTANCE UNITS WITHIN THE SOLICITORS' OFFICES; SECTION 1-11-310, AS AMENDED, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE STATE BUDGET AND CONTROL BOARD, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 1-19-60, RELATING TO THE COMPOSITION OF THE STATE DEVELOPMENT BOARD, SO AS TO PROVIDE THAT ONE OF THE GUBERNATORIAL APPOINTEES MAY BE THE DIRECTOR OF THE DEPARTMENT OF COMMERCE OR HIS DESIGNEE RATHER THAN A MEMBER OF THE STATE DEVELOPMENT BOARD; SECTION 1-23-10, RELATING TO DEFINITIONS UNDER THE STATE REGISTER AND CODE OF REGULATIONS, SO AS TO PROVIDE THAT THE DEFINITION OF "REGULATION" DOES NOT INCLUDE RULES OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 1-23-111, RELATING TO THE PROCESS FOR PROMULGATING REGULATIONS, SO AS TO AUTHORIZE THE CHAIRMAN OF THE BOARD OF A DEPARTMENT TO DESIGNATE A MEMBER OF THE BOARD TO PRESIDE DURING SUCH HEARINGS; SECTION 1-23-600, AS AMENDED, RELATING TO HEARINGS AND PROCEDURES UNDER THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT ALL DECISIONS OF THE DEPARTMENT OF REVENUE MUST BE MADE PUBLIC EXCEPT WHERE REDACTED COPIES ARE WARRANTED AND TO CLARIFY THE TYPES OF HEARINGS OVER WHICH ADMINISTRATIVE LAW JUDGES SHALL PRESIDE; SECTION 1-30-10, RELATING TO THE DEPARTMENTS OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT, SO AS TO CORRECT A REFERENCE TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 1-30-25, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 1-30-35, RELATING TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, SO AS TO CORRECT CERTAIN CITATIONS TO PROVISIONS OF THE 1976 CODE CONTAINED IN THIS SECTION; SECTION 1-30-85, RELATING TO THE DEPARTMENT OF PROBATION, PARDON AND PAROLE, SO AS TO CORRECT THE NAME OF THE DEPARTMENT TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; TO AMEND SECTION 2-7-73, AS AMENDED, RELATING TO LEGISLATIVE ENACTMENTS AND THE REQUIREMENT THAT BILLS AND RESOLUTIONS MANDATING HEALTH INSURANCE COVERAGE MUST HAVE FISCAL IMPACT STATEMENTS, SO AS TO DELETE CERTAIN LANGUAGE WHICH PREVIOUSLY REFERRED TO THE FORMER "CHIEF INSURANCE COMMISSIONER"; SECTION 2-13-190, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE ANNUAL ACTS AND JOINT RESOLUTIONS OF THE GENERAL ASSEMBLY, SO AS TO CORRECT THE REFERENCES TO CERTAIN OFFICIALS TO WHOM THESE ACTS AND JOINT RESOLUTIONS ARE PROVIDED AND TO FURTHER PROVIDE FOR THEIR DISTRIBUTION; SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO CORRECT THE REFERENCES TO CERTAIN OFFICIALS TO WHOM THESE CODES ARE PROVIDED AND TO FURTHER PROVIDE FOR THEIR DISTRIBUTION; SECTION 2-19-10, RELATING TO THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO REFER TO AN EXCEPTION CONTAINED IN THE RESTRUCTURING ACT PERTAINING TO THE ELECTION OF MEMBERS OF THE PUBLIC SERVICE COMMISSION; SECTION 4-10-25, AS AMENDED, RELATING TO THE EXEMPTION OF GROSS PROCEEDS OF SALES OF TANGIBLE PERSONAL PROPERTY FROM THE LOCAL SALES AND USE TAX, SO AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-10-60, AS AMENDED, RELATING TO THE WITHHOLDINGS FROM THE AMOUNT OF SALES AND USE TAX COLLECTED BY COUNTIES, SO AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-10-65, RELATING TO THE DISTRIBUTION OF UNIDENTIFIED LOCAL SALES AND TAX REVENUES, SO AS TO CHANGE A REFERENCE TO TAX COMMISSION TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-10-80, AS AMENDED, RELATING TO REPORTS OF THE TOTAL AMOUNT OF REVENUE COLLECTED FROM THE LOCAL SALES AND USE TAX, SO AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-10-90, AS AMENDED, RELATING TO ADMINISTRATION OF THE LOCAL SALES AND USE TAX BY THE DEPARTMENT OF REVENUE, SO AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE REQUIRED IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-29-69, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES ALLOWED CERTAIN INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 6-19-30, RELATING TO AN ADVISORY COMMITTEE FOR STATE WATER AND SEWER AUTHORITY GRANTS, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO DELETE OBSOLETE LANGUAGE; SECTION 9-1-1535, RELATING TO RETIREMENT OF WILDLIFE CONSERVATION OFFICERS, SO AS TO REVISE THE NAMES OF THE OFFICERS, THE LAW ENFORCEMENT SECTION, AND THE WILDLIFE AND MARINE RESOURCES DEPARTMENT; SECTION 10-1-100, RELATING TO REQUIREMENTS IN STATE CONTRACTS FOR APPLICABLE POLLUTION PREVENTION AND NATURAL RESOURCE PROTECTION REQUIREMENTS, SO AS TO CONFORM A REFERENCE TO THE HIGHWAY DEPARTMENT TO THE RESTRUCTURING ACT; SECTION 11-9-825, AS AMENDED, RELATING TO ADDITIONAL STAFF FOR THE BOARD OF ECONOMIC ADVISORS, SO AS TO CONFORM THE REFERENCE TO THE CHAIRMAN OF THE DEPARTMENT OF REVENUE TO THE PROVISIONS OF THE RESTRUCTURING ACT EFFECTIVE FEBRUARY 1, 1995; SECTION 11-35-1520, AS AMENDED, RELATING TO COMPETITIVE SEALED BIDS, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 12-4-15, RELATING TO THE DIVISIONS OF THE DEPARTMENT OF REVENUE, SO AS TO DELETE THE STATUTORY DIVISIONS; SECTION 12-4-30, AS AMENDED, RELATING TO THE COMMISSIONERS OF THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE REQUIREMENTS FOR THE DEPARTMENT'S DIRECTOR; TO AMEND SECTIONS 12-4-40, 12-4-50, 12-4-60, AND 12-4-70, AS AMENDED, RELATING TO THE TAX COMMISSION, SO AS TO REVISE REFERENCES TO THE COMMISSIONER AND COMMISSION; SECTION 12-4-340, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE TO CONTRACT WITH A COLLECTION AGENCY TO COLLECT DELINQUENT TAXES, SO AS TO CONFORM A REFERENCE TO THE RESTRUCTURING ACT; SECTION 12-4-760, RELATING TO APPEALS FROM THE TAX COMMISSION TO THE TAX BOARD OF REVIEW, SO AS TO CHANGE REFERENCES OF THE TAX COMMISSION TO THE ADMINISTRATIVE LAW JUDGE DIVISION AND CHANGE REFERENCES TO THE TAX BOARD OF REVIEW TO THE CIRCUIT COURT; SECTION 12-21-2423, AS AMENDED, RELATING TO THE TEMPORARY DEDICATION OF A PORTION OF ADMISSIONS TAX REVENUES TO THE DEVELOPMENT OF MAJOR TOURISM OR RECREATION FACILITY, SO AS TO CONFORM REFERENCES TO VARIOUS STATE AGENCIES TO THE RESTRUCTURING ACT AND TO DELETE ADVISORY FROM THE NAME OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT OF THE DEPARTMENT OF COMMERCE; SECTION 12-21-2720, AS AMENDED, RELATING TO FEES FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO CONFORM REFERENCES TO TAX COMMISSION TO THE RESTRUCTURING ACT; SECTION 12-21-2738, AS AMENDED, RELATING TO THE PENALTIES FOR VIOLATION OF THE COIN-OPERATED DEVICE LICENSING LAWS, SO AS TO CONFORM A REFERENCE TO THE RESTRUCTURING ACT; ARTICLE 20, CHAPTER 21, TITLE 12, THE VIDEO GAME MACHINES ACT, SO AS TO CONFORM REFERENCES IN THE ARTICLE TO THE SOUTH CAROLINA TAX COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTIONS 12-21-5020, 12-21-5030, 12-21-5040, 12-21-6010, 12-21-6040, AND 12-21-6050, RELATING TO THE MARIJUANA AND CONTROLLED SUBSTANCE TAX ACT, SO AS TO CHANGE REFERENCES TO THE TAX COMMISSION TO CONFORM TO THE RESTRUCTURING ACT; SECTION 12-27-390, AS AMENDED, RELATING TO THE DISTRIBUTION TO COUNTIES OF A PORTION OF GASOLINE TAXES THROUGH THE WATER RECREATIONAL RESOURCES FUND, SO AS TO CHANGE REFERENCES TO THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES TO THE PROVISIONS OF THE RESTRUCTURING ACT EFFECTIVE JULY 1, 1994; SECTION 12-27-400, AS AMENDED, RELATING TO THE USE OF "C" FUNDS, SO AS TO CONFORM REFERENCES TO STATE AGENCIES TO THE RESTRUCTURING ACT; SECTION 12-27-1270, AS AMENDED, RELATING TO THE PORTION OF THE SHIMS GASOLINE TAX REVENUES SET ASIDE IN THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO CONFORM THE REFERENCE TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO THE APPROPRIATE DIVISION OF THE DEPARTMENT OF COMMERCE AND TO DELETE AN OBSOLETE PROVISION; SECTION 12-36-1710, AS AMENDED, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO REVISE THE REFERENCE TO THE DEPARTMENT OF REVENUE AND TAXATION AND CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 12-36-2570, AS AMENDED, RELATING TO THE TIME OF PAYMENT OF SALES AND USE TAX, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 12-36-2610, AS AMENDED, RELATING TO THE DISCOUNT ALLOWED FOR TIMELY PAYMENT OF THE SALES TAX, SO AS TO CONFORM REFERENCE TO THE TAX COMMISSION TO THE RESTRUCTURING ACT; SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY AND THE DEPRECIATION SCHEDULE FOR MANUFACTURING MACHINERY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 12-37-2680, AS AMENDED, RELATING TO THE DETERMINATION OF ASSESSED VALUE OF A VEHICLE, SO AS TO PROVIDE THAT AN APPEAL MUST BE MADE TO THE ADMINISTRATIVE LAW JUDGE DIVISION WITHIN THIRTY DAYS OF THE BOARD'S DECISION AND TO FURTHER PROVIDE THAT APPEALS ARE CONFINED TO THE RECORD; SECTION 12-43-300, AS AMENDED, RELATING TO BOARD OF ASSESSMENT APPEALS, SO AS TO PROVIDE THAT ANY PROPERTY OWNER, HIS AGENT, OR THE ASSESSOR MAY APPEAL FROM THE FINDING OF THE BOARD UPON WRITTEN NOTICE TO THE ADMINISTRATIVE LAW JUDGE DIVISION WITHIN THIRTY DAYS FROM THE DATE OF THE BOARD'S FINDING AND TO FURTHER PROVIDE THAT APPEALS ARE CONFINED TO THE RECORD; SECTION 12-53-220, AS AMENDED, RELATING TO TAX COLLECTION AND POSTING OF BONDS FOR JEOPARDY ASSESSMENTS, SO AS TO CORRECTLY SET FORTH THE NAME OF THE DEPARTMENT OF INSURANCE OF SOUTH CAROLINA; SECTION 13-1-10, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO CHANGE THE DIVISION NAMES FROM DIVISION OF AERONAUTICS TO STATE AVIATION ADMINISTRATION AND FROM ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT; ARTICLE 7, CHAPTER 1 OF TITLE 13, RELATING TO THE DIVISION OF AVIATION, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; ARTICLE 11 OF CHAPTER 1 OF TITLE 13, AS AMENDED, RELATING TO THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO DELETE ADVISORY FROM THE NAME OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT OF THE DEPARTMENT OF COMMERCE; SECTION 13-17-40, AS AMENDED, RELATING TO THE BOARD OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO CORRECT A REFERENCE TO THE FORMER CHAIRMAN OF THE STATE DEVELOPMENT BOARD; SECTION 15-9-410, AS AMENDED, RELATING TO PROVISIONS CONCERNING NONRESIDENT AIRCRAFT OPERATORS, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AERONAUTICS ADMINISTRATION; SECTION 16-3-1120, AS AMENDED, RELATING TO THE DIRECTOR OF THE VICTIM'S COMPENSATION FUND, SO AS TO PROVIDE THAT THE DIRECTOR, AFTER CONSULTATION WITH THE CRIME VICTIM'S ADVISORY BOARD, MUST DEVELOP AND ADMINISTER A PLAN FOR INFORMING THE PUBLIC OF THE AVAILABLE BENEFITS; SECTION 16-3-1130, AS AMENDED, RELATING TO CLAIMS UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1140, AS AMENDED, RELATING TO APPEALS UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1150, AS AMENDED, RELATING TO EMERGENCY AWARDS UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1200, RELATING TO THE VICTIM'S COMPENSATION FUND AND THE CONDUCT OF A VICTIM OR INTERVENOR CONTRIBUTING TO INFLICTION OF INJURY, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1230, RELATING TO CLAIMS FILED IN BEHALF OF A MINOR OR INCOMPETENT UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1260, RELATING TO REIMBURSEMENT FOR PAYMENT FROM THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGE THE NAME OF CERTAIN DEPARTMENTS; SECTION 16-3-1300, AS AMENDED, RELATING TO PAYMENT OF AN AWARD UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1340, AS AMENDED, RELATING TO THE ATTORNEY FOR A CLAIMANT UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO DELETE THE PROVISION REQUIRING ATTORNEYS OF THE WORKERS' COMPENSATION FUND TO REPRESENT THE VICTIM'S COMPENSATION FUND; SECTION 16-3-1410, RELATING TO THE RESPONSIBILITIES OF THE VICTIM COMPENSATION FUND RELATING TO THE VICTIM/WITNESS ASSISTANCE PROGRAM, SO AS TO DELETE THE REQUIREMENT THAT THE FUND PROVIDE TRAINING FOR THE SOLICITORS' OFFICES; SECTION 16-3-1550, AS AMENDED, RELATING TO VICTIM IMPACT STATEMENTS, SO AS TO EXTEND THE PROVISIONS OF THE SECTION TO FAMILY COURT IN CONJUNCTION WITH THE PROSECUTION OF JUVENILE OFFENDERS, TO REQUIRE THE EXECUTIVE DIRECTOR OF THE COMMISSION ON PROSECUTION COORDINATION TO DEVELOP THE FORM RATHER THAN THE ATTORNEY GENERAL, AND TO CORRECT THE NAME OF THE BOARD OF PAROLE AND COMMUNITY CORRECTIONS; SECTION 17-17-100, RELATING TO THE TRANSFER OF WRIT OF HABEAS CORPUS PETITIONS TO THE COURT IN THE COUNTY WHERE THE PRISONER IS LOCATED, SO AS TO CHANGE THE NAME OF THE BOARD OF CORRECTIONS; SECTION 17-22-120, AS AMENDED, RELATING TO INDIVIDUAL INTERVENTION AGREEMENTS ENTERED INTO BY A DEFENDANT AND THE SOLICITOR IN A PRETRIAL INTERVENTION PROGRAM, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 17-25-80, RELATING TO THE AUTHORITY OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS REGARDING HARD LABOR, SO AS TO CHANGE THE NAME OF THE COMMISSIONER; SECTION 17-25-145, RELATING TO IMPLEMENTATION OF COMMUNITY PENALTIES PROGRAM, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS; SECTION 17-25-370, RELATING TO EXECUTION OF DEATH SENTENCE, SO AS TO CHANGE THE NAME OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS; SECTION 17-25-380, RELATING TO COPIES AND FORM OF NOTICE OF DEATH PENALTY, SO AS TO CHANGE THE NAME OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS; SECTION 17-25-400, RELATING TO SERVICE OF NOTICE ON PRISONER, SO AS TO CHANGE THE NAME OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS; SECTION 20-7-640, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO DELETE THE REQUIREMENT THAT THE COUNTY BOARD APPOINT AN ADVISORY COMMITTEE; SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF DEPARTMENT OF SOCIAL SERVICES RECORDS, SO AS TO REVISE THE NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT; SECTION 20-7-2020, RELATING TO APPROVAL OF AGREEMENTS UNDER THE INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF SOCIAL SERVICES; SECTION 20-7-2340, RELATING TO ADOPTION FEES ESTABLISHED BY THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO REVISE THE AUTHORITY TO ESTABLISH THESE FEES; SECTION 20-7-2379, AS AMENDED, RELATING TO THE DIVISION FOR REVIEW OF FOSTER CARE OF CHILDREN, SO AS TO DELETE THE INAPPLICABLE PROVISION FOR THE DIVISION DIRECTOR'S SALARY; SECTION 20-7-2640, AS AMENDED, RELATING TO THE INTERSTATE COMPACT FOR ADOPTION AND MEDICAL ASSISTANCE, MEDICAL ASSISTANCE IDENTIFICATION, BENEFITS, AND EXCEPTIONS, SO AS TO CLARIFY THAT DEPARTMENT AS USED IN SUBSECTION (C) MEANS THE DEPARTMENT OF SOCIAL SERVICES; SECTION 20-7-2880, AS AMENDED, RELATING TO FAMILY DAY CARE LICENSES, SO AS TO CLARIFY AN ADMINISTRATIVE LAW JUDGE MUST HEAR APPEALS; SECTIONS 20-7-2930 AND 20-7-2940, AS AMENDED, RELATING TO CHURCH DAY CARE CENTERS, SO AS TO CLARIFY THAT APPEALS FROM A REGISTRATION SUSPENSION MUST BE HEARD BY AN ADMINISTRATIVE LAW JUDGE; SECTION 20-7-3230, AS AMENDED, RELATING TO INSTITUTIONAL SERVICES PROVIDED BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF YOUTH SERVICES; SECTION 20-7-5420, AS AMENDED, RELATING TO THE STATE COUNCIL ON MATERNAL, INFANT, AND CHILD HEALTH, SO AS TO DELETE CERTAIN OBSOLETE MEMBERS FROM THE COUNCIL AND TO CORRECT CERTAIN REFERENCES; SECTION 20-7-5910, AS AMENDED, RELATING TO THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO REVISE THE NAMES OF CERTAIN STATE AGENCIES AND THE TITLES OF CERTAIN ADMINISTRATIVE HEADS OF STATE AGENCIES; SECTION 23-4-20, RELATING TO CRIMINAL JUSTICE COMMITTEES AND PROGRAMS OF THE OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT THE DIVISION OF PUBLIC SAFETY PROGRAMS REFERRED TO IN THIS SECTION MEANS THE DEPARTMENT OF PUBLIC SAFETY RATHER THAN OF THE OFFICE OF THE GOVERNOR; SECTION 23-4-110, AS AMENDED, RELATING TO THE GOVERNOR'S COMMITTEE ON CRIMINAL JUSTICE, CRIME AND DELINQUENCY, SO AS TO CONFORM THE MEMBERSHIP OF THE COMMITTEE TO THE REVISIONS OF THE RESTRUCTURING ACT; SECTION 23-4-520, RELATING TO THE DUTIES OF THE GOVERNOR'S OFFICE OF CRIMINAL JUSTICE PROGRAMS, SO AS TO CORRECT A REFERENCE TO THE FORMER DEPARTMENT OF YOUTH SERVICES; SECTION 23-6-10, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE THE DEFINITION OF "DEPUTY DIRECTOR"; SECTION 23-6-40, AS AMENDED, RELATING TO THE DIRECTOR AND DEPUTY DIRECTORS FOR THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE THE PROVISIONS FOR DEPUTY DIRECTORS; SECTION 23-9-10, AS AMENDED, RELATING TO THE STATE FIRE MARSHAL, SO AS TO CORRECT AN INTERNAL CODE SECTION REFERENCE; SECTION 23-11-110, AS AMENDED, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO CORRECT A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE TRAINING COUNCIL; TO AMEND CHAPTER 25 OF TITLE 23, AS AMENDED, RELATING TO THE LAW ENFORCEMENT OFFICERS HALL OF FAME, SO AS TO CLARIFY THAT THE COMMITTEE IS ADVISORY, TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY TO SERVE AS CHAIRMAN OF THE COMMITTEE, AND TO MAKE CONFORMING CHANGES THROUGHOUT; TO AMEND SECTION 24-1-10, RELATING TO CONSTRUCTION OF REFERENCES, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 24-13-730, RELATING TO PROGRAM CHANGES SUBJECT TO APPROPRIATIONS BY THE GENERAL ASSEMBLY, SO AS TO REVISE CODE SECTIONS; SECTION 24-21-300, RELATING TO CITATION AND AFFIDAVIT OF PERSON RELEASED, SO AS TO ADD THE REFERENCE OF OFFENDER MANAGEMENT SYSTEM ACT AND TO CHANGE THE REFERENCE OF BOARD OF PROBATION, PAROLE AND PARDON SERVICES TO DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 24-22-30, RELATING TO ELIGIBILITY TO PARTICIPATE IN THE OFFENDER MANAGEMENT SYSTEM, SO AS TO CHANGE THE REFERENCE OF THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 24-22-150, RELATING TO FUNDING REQUIRED, SO AS TO CHANGE THE REFERENCE OF COMMISSION TO DIRECTOR; SECTION 24-23-30, RELATING TO THE COMMUNITY CORRECTIONS PLAN, SO AS TO CHANGE THE REFERENCE OF BOARD OF PROBATION, PAROLE AND PARDON SERVICES TO DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 24-26-10, RELATING TO THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO CORRECT REFERENCES TO CERTAIN NONVOTING MEMBERS OF THE COMMISSION; SECTION 25-19-20, RELATING TO THE PRISONER OF WAR COMMISSION, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF VETERANS' AFFAIRS TO CONFORM TO ACT 181 OF 1993, RESTRUCTURING OF STATE GOVERNMENT; SECTION 31-13-30, RELATING TO MEMBERSHIP ON THE SOUTH CAROLINA STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 31-17-330, RELATING TO EXCEPTIONS FOR MOBILE HOME LICENSES, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF REVENUE; SECTION 33-14-210, RELATING TO ADMINISTRATIVE DISSOLUTION OF A CORPORATION BY THE SECRETARY OF STATE, SO AS TO CONFORM A REFERENCE TO THE TAX COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 33-39-250, RELATING TO THE POWERS OF COUNTY BUSINESS DEVELOPMENT CORPORATIONS, SO AS TO CONFORM A REFERENCE TO THE STATE DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; SECTION 38-3-110, AS AMENDED, RELATING TO DUTIES OF THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE THAT REGULATIONS ARE PROMULGATED BY THE COMMISSIONER; SECTION 38-27-520, AS AMENDED, RELATING TO RECOVERY OF PREMIUMS OWED, SO AS TO PROVIDE THAT AN APPEAL IS TO THE CIRCUIT COURT AND NOT THE ADMINISTRATIVE LAW JUDGE DIVISION; SECTION 38-43-106, AS AMENDED, RELATING TO CONTINUING EDUCATION REQUIREMENTS, SO AS TO REESTABLISH THE MEMBERSHIP OF THE CONTINUING EDUCATION ADVISORY COMMITTEE; SECTION 38-73-1380, AS AMENDED, RELATING TO PRIVATE PASSENGER AUTOMOBILE INSURANCE, APPROVAL OF FINAL RATE OR PREMIUM CHARGE, AND APPROVAL OF EXPENSE COMPONENT, SO AS TO DELETE AN INCORRECT REFERENCE TO "THE DIVISION" AND SUBSTITUTE A REFERENCE TO "THE DEPARTMENT", MEANING THE DEPARTMENT OF INSURANCE AND TO CHANGE REFERENCES FROM DIRECTOR TO COMMISSIONER; SECTION 38-77-580, AS AMENDED, RELATING TO THE GOVERNING BOARD OF THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO ELIMINATE AN UNNECESSARY REQUIREMENT THAT THE COMMISSIONER OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE ACT THROUGH THE DEPARTMENT IN PERFORMING A CERTAIN FUNCTION; SECTION 38-79-270, AS AMENDED, RELATING TO APPEALING ACTIONS OF THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION, SO AS TO PROVIDE THAT THE APPEAL IS TO THE COMMISSIONER AND NOT THE DEPARTMENT; SECTION 38-81-270, AS AMENDED, RELATING TO THE LEGAL PROFESSIONAL LIABILITY INSURANCE JOINT UNDERWRITING ASSOCIATION AND THE GATHERING OF DATA, SO AS TO DELETE A REFERENCE TO DEPARTMENT (MEANING THE DEPARTMENT OF INSURANCE) AND SUBSTITUTE COMMISSIONER (MEANING CHIEF INSURANCE COMMISSIONER OF THE DEPARTMENT OF INSURANCE); CHAPTER 23 OF TITLE 39, RELATING TO ADULTERATED, MISBRANDED, OR NEW DRUGS AND DEVICES, SO AS TO CONFORM THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ACT 181 OF 1993, RESTRUCTURING OF STATE GOVERNMENT; SECTION 40-6-180, AS AMENDED, RELATING TO AUCTIONEERS, SO AS TO REINSERT LANGUAGE TO PROVIDE THAT AN APPRENTICE'S SUPERVISING AUCTIONEER BE NOTIFIED IF CHARGES ARE BROUGHT AGAINST THE APPRENTICE; SECTION 40-15-210, AS AMENDED, RELATING TO THE AUTHORITY OF A PERSON WHOSE LICENSE OR REGISTRATION CERTIFICATE TO PRACTICE DENTISTRY, DENTAL HYGIENE, OR PERFORM DENTAL TECHNOLOGICAL WORK HAS BEEN SUSPENDED OR REVOKED PURSUANT TO THE PROVISIONS OF ARTICLE 5, CHAPTER 23 OF TITLE 1 (ADMINISTRATIVE LAW JUDGE DIVISION), SO AS TO REENACT THE CRIMINAL PENALTY PROVISIONS WHICH WERE INADVERTENTLY OMITTED BY ACT 181 OF 1993 (RESTRUCTURING); SECTION 40-22-150, AS AMENDED, RELATING TO ENGINEERS AND LAND SURVEYORS, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION MAY EMPLOY AN EXECUTIVE DIRECTOR FOR THE BOARD; SECTION 40-25-40, AS AMENDED, RELATING TO RECOMMENDATIONS FOR MEMBERSHIP ON THE COMMISSION OF HEARING AID SPECIALISTS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING; SECTION 40-35-10, AS AMENDED, RELATING TO DEFINITIONS CONCERNING THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, SO AS TO CHANGE REFERENCES IN THE DEFINITION OF "QUALIFIED MENTAL RETARDATION PROFESSIONAL" FROM THE SOUTH CAROLINA DEPARTMENT OF MENTAL RETARDATION TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; SECTION 40-35-140, AS AMENDED, RELATING TO THE REQUIREMENT THAT HABILITATION CENTERS FOR THE MENTALLY RETARDED MUST BE UNDER THE SUPERVISION OF A LICENSED NURSING HOME ADMINISTRATOR, SO AS TO CHANGE A REFERENCE FROM THE DEPARTMENT OF MENTAL RETARDATION TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; SECTION 40-47-140, AS AMENDED, RELATING TO MINIMUM STANDARDS TO BE OBTAINED ON EXAMINATION REQUIRED BY THE BOARD OF MEDICAL EXAMINERS, SO AS TO CHANGE A REFERENCE FROM THE STATE MENTAL RETARDATION DEPARTMENT TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; SECTIONS 41-10-70, 41-10-80, 41-10-90, 41-10-110, AS AMENDED, SECTION 41-13-20, SECTION 41-13-25, AS AMENDED, SECTIONS 41-13-50, 41-13-60, 41-15-90, 41-15-100, 41-15-210, 41-15-220, 41-15-230, 41-15-240, 41-15-250, 41-15-260, 41-15-270, 41-15-280, 41-15-290, 41-15-300, SECTION 41-15-320, AS AMENDED, SECTION 41-15-520, SECTIONS 41-16-20, 41-16-40, AS AMENDED, SECTIONS 41-16-50, 41-16-60, 41-16-70, 41-16-80, 41-16-90, SECTIONS 41-16-100, 41-16-110, AS AMENDED, SECTIONS 41-16-120, 41-16-130, SECTION 41-16-140, AS AMENDED, SECTIONS 41-16-150, 41-16-160, SECTION 41-16-180, AS AMENDED, SECTIONS 41-17-10, 41-17-20, 41-17-40, 41-17-50, 41-17-60, 41-17-70, SECTION 41-18-40, AS AMENDED, SECTION 41-18-50, SECTIONS 41-18-60, 41-18-70, 41-18-80, 41-18-100, 41-18-110, AS AMENDED, SECTIONS 41-18-120, 41-18-130, SECTIONS 41-18-150, 41-21-20, AS AMENDED, SECTIONS 41-21-30, 41-21-40, 41-21-70, 41-21-80, 41-21-90, 41-21-100, 41-25-110, RELATING TO THE COMMISSIONER OF LABOR, THE DEPARTMENT OF LABOR, AND VARIOUS DIVISIONS WITHIN THE DEPARTMENT, SO AS TO CONFORM THOSE REFERENCES TO THE PROVISIONS OF SECTION 977 OF ACT 181 OF 1993 (RESTRUCTURING ACT) AND DELETE OBSOLETE PROVISIONS; SECTION 41-43-40, AS AMENDED, RELATING TO THE DIRECTOR OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE CHAIRMAN OF THE STATE DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; SECTION 41-43-190, RELATING TO THE EXPORT PROGRAMS OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE STATE DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; SECTION 41-44-90, AS AMENDED, RELATING TO THE INCOME AND PREMIUM TAX CREDIT ALLOWED A TAXPAYER WITH A QUALIFIED INVESTMENT IN A BUSINESS RECEIVING FINANCING FROM THE PALMETTO SEED CAPITAL FUND, SO AS TO CONFORM REFERENCES TO "COMMISSION" TO THE RESTRUCTURING ACT; SECTION 42-5-60, RELATING TO INSURANCE DEEMED SUBJECT TO TITLE 42 (WORKERS' COMPENSATION) AND APPROVAL OF FORMS, SO AS TO CONFORM A REFERENCE TO THE CHIEF INSURANCE COMMISSIONER; SECTION 43-1-115, RELATING TO COUNTY DEPARTMENT OF SOCIAL SERVICES BIENNIAL PERFORMANCE AUDITS, SO AS TO REVISE THE NAME OF THE ADMINISTRATIVE HEAD OF THE STATE DEPARTMENT AND TO CORRECT A REFERENCE; SECTION 43-5-150, AS AMENDED, RELATING TO APPEALS TO THE DEPARTMENT OF SOCIAL SERVICES FOR DENIAL OF PUBLIC ASSISTANCE, SO AS TO CLARIFY THAN AN ADMINISTRATIVE LAW JUDGE RATHER THAN A HEARING EXAMINER HEARS AN APPEAL PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT; SECTIONS 43-7-410, 43-7-420, 43-7-430, AND SECTION 43-7-440, AS AMENDED, RELATING TO ASSIGNMENT AND SUBROGATION OF CLAIMS FOR REIMBURSEMENT FOR MEDICAID SERVICES, SO AS TO DELETE REFERENCES TO THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION AND SUBSTITUTE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 43-21-10, AS AMENDED, RELATING TO THE ADVISORY COMMISSION ON AGING, SO AS TO REVISE THE MEMBERSHIP AND RESPONSIBILITIES; SECTION 43-21-130, AS AMENDED, RELATING TO THE LONG TERM CARE COUNCIL, SO AS TO REVISE THE NAME, MEMBERSHIP, AND RESPONSIBILITIES OF THE COUNCIL; SECTION 43-21-150, AS AMENDED, RELATING TO THE EDUCATIONAL AND INFORMATIONAL PROGRAM OF THE DIVISION ON AGING, SO AS TO REVISE THE REFERENCE TO THE LONG TERM CARE COUNCIL IN ORDER TO CONFORM TO A PRIOR NAME CHANGE; TO AMEND SECTION 43-35-310, RELATING TO THE ADULT PROTECTION COORDINATING COUNCIL, SO AS TO REVISE THE NAME OF THE MEMBER AGENCIES AND ADMINISTRATIVE TITLES; TO AMEND SECTION 44-1-50, AS AMENDED, RELATING TO THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL HEARING APPEALS FROM THE DECISIONS OF AN ADMINISTRATIVE LAW JUDGE, SO AS TO CORRECT CERTAIN CITATIONS TO PROVISIONS OF THE 1976 CODE CONTAINED IN THIS SECTION; SECTION 44-2-75, AS AMENDED, RELATING TO THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT OF 1988 AND INSURANCE POOLS, SO AS TO MAKE A TECHNICAL CORRECTION WITH RESPECT TO A REFERENCE TO THE DEPARTMENT OF INSURANCE; SECTION 44-6-5, AS AMENDED, RELATING TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, SO AS TO DELETE A REFERENCE TO COMMISSION AND SUBSTITUTE FOR IT DEPARTMENT UNDER THE DEFINITION OF MARKET BASKET INDEX; SECTION 44-6-60, AS AMENDED, RELATING TO THE ADVISORY COMMITTEE TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, SO AS TO REVISE THE NAMES OF THE DEPARTMENTS REPRESENTED ON THE COMMITTEE AND THE TITLES OF THE DEPARTMENT ADMINISTRATORS; SECTION 44-6-140, AS AMENDED, RELATING TO MEDICAID HOSPITAL PROSPECTIVE PAYMENT SYSTEM AND COST CONTAINMENT MEASURES, SO AS TO DELETE COMMISSION IN TWO INSTANCES AND SUBSTITUTE DEPARTMENT, WITH REFERENCE TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 44-6-146, AS AMENDED, RELATING TO COUNTY ASSESSMENTS FOR INDIGENT MEDICAL CARE AND PENALTIES FOR FAILURE TO PAY ASSESSMENTS IN A TIMELY MANNER, SO AS TO DELETE A REFERENCE TO COMMISSION AND SUBSTITUTE DEPARTMENT, WITH REFERENCE TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 44-6-170, AS AMENDED, RELATING TO THE HEALTH DATA OVERSIGHT COUNCIL, SO AS TO REVISE THE TITLES OF THE ADMINISTRATIVE HEADS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION; SECTION 44-6-520, AS AMENDED, RELATING TO THE SALE, LEASE, OR MORTGAGE OF A NURSING HOME IN RECEIVERSHIP, SO AS TO CHANGE A REFERENCE TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 44-6-540, RELATING TO THE REGULATION-MAKING AUTHORITY UNDER THE "INTERMEDIATE SANCTIONS FOR MEDICAID CERTIFIED NURSING HOME ACT", SO AS TO DELETE THE REFERENCE TO COMMISSION (MEANING THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION) AND SUBSTITUTE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTIONS 44-6-720 AND 44-6-730, RELATING TO MEDICAID QUALIFYING TRUSTS, SO AS TO REVISE THE NAME OF THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION; SECTION 44-7-90, RELATING TO VIOLATIONS OF THE LAW CONCERNING MEDICAID NURSING HOME PERMITS AND PENALTIES, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF MENTAL RETARDATION; SECTION 44-7-370, AS AMENDED, RELATING TO THE APPOINTMENT OF MEMBERS TO THE RESIDENTIAL CARE COMMITTEE, SO AS TO REVISE THE TITLE OF THE DEPARTMENT ADMINISTRATOR; SECTION 44-23-10, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO MENTALLY ILL AND MENTALLY RETARDED PERSONS, SO AS TO CLARIFY THE DEFINITION OF DIRECTOR; SECTION 44-38-380, AS AMENDED, RELATING TO THE ADVISORY COUNCIL TO THE SOUTH CAROLINA HEAD AND SPINAL CORD SERVICE DELIVERY SYSTEM, SO AS TO REVISE THE NAME OF A MEMBER OF THE COUNCIL AND THE NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-40-60, RELATING TO SOUTH CAROLINA AGENT ORANGE ADVISORY COUNCIL, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF VETERANS AFFAIRS; SECTION 44-53-480, RELATING TO SOUTH CAROLINA LAW ENFORCEMENT DIVISION ENFORCEMENT OF CONTROLLED SUBSTANCE LAWS, SO AS CONFORM REFERENCES TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-53-490, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL DRUG INSPECTORS, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-53-500, RELATING TO THE ISSUANCE AND EXECUTION OF ADMINISTRATIVE INSPECTION WARRANTS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITH RESPECT TO THE REGULATION OF CONTROLLED SUBSTANCES, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-53-720, RELATING TO RESTRICTIONS ON THE USE OF METHADONE, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-55-120, RELATING TO THE SAFE DRINKING WATER ACT, SO AS TO REVISE THE NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-56-60, AS AMENDED, RELATING TO HAZARDOUS WASTE MANAGEMENT, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-67-90, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S FUNDS FOR LITTER CONTROL RESEARCH, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT; SECTION 44-96-440, RELATING TO UNLAWFUL ACTS UNDER SOLID WASTE MANAGEMENT, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 46-13-60, AS AMENDED, RELATING TO STANDARDS FOR CERTIFICATION OF PESTICIDE APPLICATORS, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 48-9-30, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO SOIL AND WATER CONSERVATION DISTRICTS, SO AS TO DEFINE THE ADVISORY COUNCIL; SECTION 48-9-610, AS AMENDED, RELATING TO THE APPOINTMENT OF TWO COMMISSIONERS TO SERVE WITH THE ELECTED COMMISSIONERS OF SOIL AND WATER CONSERVATION DISTRICTS, SO AS TO AUTHORIZE THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES TO MAKE THE APPOINTMENT; SECTION 48-9-1210, AS AMENDED, RELATING TO THE QUALIFICATIONS OF APPOINTED COMMISSIONERS OF SOIL AND WATER CONSERVATION DISTRICTS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES UPON THE RECOMMENDATION OF THE ADVISORY COUNCIL INSTEAD OF BY THE BOARD OF THE DEPARTMENT; SECTION 48-9-1230, AS AMENDED, RELATING TO THE TERMS, VACANCIES, AND REMOVAL OF THE DISTRICT COMMISSIONERS, SO AS TO DELETE OBSOLETE LANGUAGE AND REVISE THE PROCEDURE FOR THE FILLING OF VACANCIES AND FOR REMOVAL; SECTION 48-9-1820, AS AMENDED, RELATING TO THE ELIGIBILITY AND COMPENSATION OF MEMBERS OF BOARDS OF ADJUSTMENT, SO AS TO PROVIDE FOR MEMBERS OF THE ADVISORY COUNCIL INSTEAD OF THE BOARD OF THE DEPARTMENT TO BE INELIGIBLE TO SERVE AND TO CLARIFY REFERENCES TO THE BOARDS OF ADJUSTMENT; SECTION 48-9-1840, AS AMENDED, RELATING TO HARDSHIP PETITIONS FILED WITH BOARDS OF ADJUSTMENT, SO AS TO CLARIFY REFERENCES TO THE BOARDS, AND SECTION 48-9-1850, AS AMENDED, RELATING TO HEARINGS AND ACTION BY THE BOARDS, SO AS TO CLARIFY REFERENCES TO THE BOARDS; SECTION 48-39-150, AS AMENDED, RELATING TO THE APPEALS PROCESS FOR THE DENIAL OF COASTAL ZONE PERMITS; SECTION 48-39-210, AS AMENDED, RELATING TO CRITICAL AREA DELINEATIONS, SO AS TO REVISE THE NAME OF THE COASTAL COUNCIL; SECTION 48-39-280, AS AMENDED, RELATING TO BEACH NOURISHMENT PROJECT PERMITS AND SETBACK LINES; SECTION 48-39-290, AS AMENDED, RELATING TO REBUILDING STRUCTURES OTHER THAN EROSION CONTROL STRUCTURES SEAWARD OF THE BASELINE, SO AS TO CLARIFY THE APPEALS PROCESS AS ESTABLISHED BY THE RESTRUCTURING ACT OF 1993; SECTION 48-49-70, RELATING TO THE MOUNTAIN RIDGE PROTECTION ACT OF 1984, SO AS TO TRANSFER THE JURISDICTION AND MANAGEMENT FROM THE DEPARTMENT OF PARKS, RECREATION AND TOURISM TO THE DEPARTMENT OF NATURAL RESOURCES; SECTION 49-1-15, AS AMENDED, RELATING TO PERMITS FOR HYDROELECTRIC PROJECTS INVOLVING IMPOUNDMENT OR DIVERSION OF WATERS OF NAVIGABLE STREAMS, SO AS TO REQUIRE A PERMIT FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR ANY CONSTRUCTION, ALTERATION, DREDGING, FILLING, OR OTHER ACTIVITY IN ANY WATERS OF NAVIGABLE STREAMS; SECTION 49-4-15, AS AMENDED, RELATING TO THE SOUTH CAROLINA WATER USE REPORTING AND COORDINATION ACT, SO AS TO MAINTAIN THE PROGRAM UNDER THE DEPARTMENT OF NATURAL RESOURCES RATHER THAN TRANSFERRING IT TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AS PROVIDED BY THE RESTRUCTURING ACT OF 1993; SECTION 49-7-70, RELATING TO THE POWERS OF THE BUSHY PARK AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE STATE HIGHWAY DEPARTMENT TO THE RESTRUCTURING ACT; SECTION 50-3-90, AS AMENDED, RELATING TO CONDUCTING GAME AND FISH CULTURAL OPERATIONS, SO AS TO CHANGE A REFERENCE FROM BOARD TO DEPARTMENT; SECTION 50-3-310, AS AMENDED, RELATING TO THE APPOINTMENT OF ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION, SO AS TO CLARIFY THAT THE DIRECTOR OF THE DEPARTMENT IS RESPONSIBLE FOR HIRING AND FIRING THE OFFICERS; SECTION 50-3-315, AS AMENDED, RELATING TO DEPUTY ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION, SO AS TO REVISE THEIR AUTHORITY; SECTION 50-3-510, AS AMENDED, RELATING TO THE CUTTING OF TIMBER BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO CHANGE THE REFERENCES TO WILDLIFE AND FRESHWATER FISH DIVISION TO WILDLIFE AND FRESHWATER FISHERIES DIVISION; SECTION 50-5-20, AS AMENDED, RELATING TO THE JURISDICTION OF THE MARINE RESOURCES DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES SO AS TO CLARIFY THAT THE DEPARTMENT HAS CONTINUING JURISDICTION OVER STRIPED BASS; SECTION 50-5-110, AS AMENDED, RELATING TO THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO CHANGE THE REFERENCE TO DIVISION TO DEPARTMENT TO CONFORM TO OTHER CHANGES IN THE SECTION; SECTION 50-7-10, AS AMENDED, RELATING TO THE MEMBERSHIP OF THE ATLANTIC STATES MARINE FISHERIES COMMISSION, SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES TO APPOINT A DESIGNEE TO SERVE IN HIS PLACE ON THE COMMISSION; SECTION 50-9-70, RELATING TO THE ESTABLISHMENT OF HUNTER EDUCATION PROGRAMS, SO AS TO REVISE THE NAME OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT; SECTION 50-9-470, AS AMENDED, RELATING TO TEMPORARY NONRESIDENT FISHING LICENSES, SO AS TO CHANGE THE REFERENCES TO WILDLIFE AND FRESHWATER FISH DIVISION TO WILDLIFE AND FRESHWATER FISHERIES DIVISION; SECTION 50-17-320, AS AMENDED, RELATING TO THE CLOSURE OF SHELLFISH GROUNDS, SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES RATHER THAN THE BOARD TO REMOVE CLOSED AREAS FROM A PERMIT ACREAGE AGREEMENT; SECTION 50-17-365, AS AMENDED, RELATING TO THE CLOSED SEASON FOR SHELLFISH, SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES RATHER THAN THE BOARD TO OPEN OR CLOSE AREAS; SECTION 50-17-730, AS AMENDED, RELATING TO THE REQUIREMENT FOR PEELER AND SOFT SHELL CRABS, SO AS TO DELETE THE REFERENCE TO MARINE RESOURCES DIVISION TO CONFORM TO OTHER CHANGES IN THE SECTION; SECTION 51-3-60, RELATING TO FREE USE OF STATE PARK FACILITIES BY DISABLED PERSONS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING AND THE STATE DEPARTMENT OF PARKS, RECREATION AND TOURISM; SECTION 51-13-860, RELATING TO A SPECIAL LOAN TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT; SECTION 53-3-100, RELATING TO THE COMMITTEE WHICH HONORS THE "SOUTH CAROLINA FAMILY OF THE YEAR", SO AS TO REVISE THE NAMES OF CERTAIN DEPARTMENTS AND COMMISSIONS ON THE COMMITTEE; SECTION 55-1-1, RELATING TO THE DIVISION OF AERONAUTICS, SO AS TO CHANGE THE NAME TO THE STATE AVIATION ADMINISTRATION; SECTION 55-1-5, AS AMENDED, RELATING TO DEFINITION FOR UNIFORM STATE AERONAUTICAL REGULATORY LAW, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 55-5-50, AS AMENDED, RELATING TO THE DEPUTY DIRECTOR OF AERONAUTICS, SO AS TO REINSERT THE REQUIREMENT THAT HE BE A COMMERCIAL PILOT WITH INSTRUMENT RATING; SECTION 55-5-190, AS AMENDED, RELATING TO COOPERATION BETWEEN PUBLIC DEPARTMENTS, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 55-8-10, AS AMENDED, RELATING TO THE UNIFORM AIRCRAFT FINANCIAL RESPONSIBILITY ACT, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 55-11-10, AS AMENDED, RELATING TO PARTICULAR AIRPORTS, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 55-15-10, AS AMENDED, RELATING TO RELOCATION ASSISTANCE, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 56-1-80, AS AMENDED, RELATING TO THE APPLICATION FOR A DRIVER'S LICENSE OR PERMIT, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF REVENUE AND TAXATION AND TO CLARIFY REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY; SECTION 56-1-135, AS AMENDED, RELATING TO DESIGNATED DRIVERS FOR FIRE EXTINGUISHMENT, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY; SECTION 56-1-221, RELATING TO THE MEDICAL ADVISORY BOARD, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT AND TO CLARIFY THAT THE BOARD MUST ADVISE THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY; SECTION 56-1-225, AS AMENDED, RELATING TO THE REEXAMINATION OF DRIVERS INVOLVED IN FOUR ACCIDENTS WITHIN TWENTY-FOUR MONTHS, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY; SECTION 56-1-1320, AS AMENDED, RELATING TO THE ISSUANCE OF PROVISIONAL DRIVERS' LICENSES, SO AS TO CLARIFY REFERENCES IN THE SECTION; SECTION 56-1-1330, AS AMENDED, RELATING TO PROVISIONAL DRIVER'S LICENSE, SO AS TO CHANGE REFERENCES FROM THE SOUTH COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; SECTION 56-1-2100, AS AMENDED, RELATING TO COMMERCIAL DRIVERS LICENSES, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 56-3-1010, RELATING TO DEFINITIONS FOR REGISTRATION OF CORPORATE OWNED FLEET MOTOR VEHICLES, SO AS TO CHANGE THE REFERENCE OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF REVENUE; SECTION 56-5-1520, AS AMENDED, RELATING TO MOTOR VEHICLE SPEED LIMITS, SO AS TO REVISE THE REQUIREMENTS FOR DEPOSIT OF FINES; SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE, SO AS TO DELETE A SENTENCE WHICH HAS BEEN DECLARED UNCONSTITUTIONAL; SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON CONVICTED OF CERTAIN VIOLATIONS, SO AS TO CHANGE REFERENCES FROM THE SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; SECTION 56-5-4160, AS AMENDED, RELATING TO THE DISPOSITION OF FINES FOR WEIGHT VIOLATIONS OF VEHICLES AND LOADS, SO AS TO REQUIRE THE FINES BE DEPOSITED INTO THE SIZE AND WEIGHT REVITALIZATION PROGRAM FUND FOR PERMANENT IMPROVEMENTS RATHER THAN INTO THE GENERAL FUND; SECTION 56-5-5810, AS AMENDED, RELATING TO THE DEFINITIONS FOR THE DISPOSITION OF ABANDONED OR DERELICT MOTOR VEHICLES, SO AS TO CHANGE A REFERENCE TO THE DIRECTOR OF THE DEPARTMENT OF REVENUE AND TAXATION TO THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY; SECTION 56-10-240, AS AMENDED, RELATING TO NOTICE OF INSURANCE CANCELLATION, SO AS TO CORRECT REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY, THE DEPARTMENT OF REVENUE, AND THE CHIEF INSURANCE COMMISSIONER; SECTION 57-3-610, AS AMENDED, RELATING TO NAMING A ROAD, BRIDGE, OR HIGHWAY IN HONOR OF A PERSON, SO AS TO DELETE THE REFERENCE TO COUNTY LEGISLATIVE DELEGATION AND SUBSTITUTE COUNTY TRANSPORTATION COMMITTEE AND PROVIDE FOR LIMITATION OF ACTUAL EXPENSES FOR DEDICATIONS ON AN INTERSTATE HIGHWAY; SECTION 57-5-1340, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF TRANSPORTATION REGARDING TURNPIKES, SO AS TO CHANGE REFERENCES OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTION 57-25-150, AS AMENDED, RELATING TO PERMIT FEES FOR DIRECTIONAL SIGNS, SO AS TO CHANGE THE REFERENCE OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTIONS 57-25-470 AND 57-25-680, RELATING TO COMPENSATION FOR REMOVAL OF OUTDOOR ADVERTISING SIGNS, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTION 57-27-70, RELATING TO ACQUISITION OF LANDS FOR JUNKYARDS, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; ARTICLE 3, CHAPTER 3, TITLE 58, RELATING TO THE LAW ENFORCEMENT DEPARTMENT OF THE PUBLIC SERVICE COMMISSION, SO AS TO DEVOLVE ITS DUTIES AND FUNCTIONS UPON THE DEPARTMENT OF PUBLIC SAFETY, STATE POLICE DIVISION; SECTION 59-36-20, RELATING TO DEVELOPMENT OF A COMPREHENSIVE SYSTEM OF SPECIAL EDUCATION, SO AS TO REVISE THE NAME OF THE CONTINUUM OF CARE; SECTION 59-53-20, RELATING TO THE SOUTH CAROLINA TECHNICAL EDUCATION SYSTEM, SO AS TO CONFORM THE NAME OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT OF THE DEPARTMENT OF COMMERCE; SECTION 59-63-31, RELATING TO RESIDENCY REQUIREMENTS TO ATTEND PUBLIC SCHOOLS, SO AS TO CONFORM THE NAME OF THE DEPARTMENT OF YOUTH SERVICES TO ACT 181 OF 1993; SECTION 59-65-30, AS AMENDED, RELATING TO EXCEPTIONS TO MANDATORY ATTENDANCE REQUIREMENTS OF CHILDREN IN PUBLIC OR PRIVATE SCHOOLS, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF YOUTH SERVICES; SECTION 59-67-535, RELATING TO THE USE OF BOATS OPERATED BY THE DEPARTMENT OF EDUCATION TO TRANSPORT DISABLED PERSONS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING; SECTION 59-111-20, AS AMENDED, RELATING TO FREE TUITION FOR CERTAIN VETERANS' CHILDREN, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF VETERANS AFFAIRS; SECTIONS 61-1-120 AND 61-1-125, RELATING TO REQUIREMENTS FOR APPLICANTS FOR LICENSES AND PERMITS ISSUED PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO CHANGE REFERENCES TO ALCOHOLIC BEVERAGE CONTROL COMMISSION AND COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTIONS 61-5-320 AND 61-5-360, AS AMENDED, RELATING TO THE DISBURSEMENT OF FUNDS TO COUNTIES FOR EDUCATIONAL PURPOSES RELATING TO USE OF ALCOHOLIC LIQUORS AND THE REHABILITATION OF ALCOHOLICS, DRUG ABUSERS, AND DRUG ADDICTS, SO AS TO CHANGE REFERENCES FROM THE SOUTH CAROLINA COMMISSION ON ALCOHOLISM AND THE COMMISSIONER OF NARCOTICS AND CONTROLLED SUBSTANCES TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; SECTION 61-9-35, RELATING TO REQUIREMENTS FOR THE SALE OF BEER AND WINE AND THE RESTRICTIONS ON BEER OR BEER AND WINE PERMITTEE IN PAYING WHOLESALERS AND THE PENALTY FOR VIOLATIONS, SO AS TO CHANGE REFERENCES TO ALCOHOLIC BEVERAGE CONTROL COMMISSION AND COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 61-13-590, RELATING TO THE SALE OF ALCOHOLIC BEVERAGES SEIZED IN ENFORCEMENT ACTIONS, SO AS TO CONFORM A REFERENCE TO THE TAX COMMISSION TO THE RESTRUCTURING ACT; SECTION 1613 OF ACT 181 OF 1993, RELATING TO TRANSITION PROVISIONS, SO AS TO PROVIDE THAT AN EMPLOYEE'S PERSONNEL RECORDS ARE TRANSFERRED AND BELONG TO THE AGENCY TO WHICH THE EMPLOYEE IS TRANSFERRED; SECTION 1618 OF ACT 181 OF 1993, RELATING TO THE EFFECTIVE DATES OF THE STATE GOVERNMENT RESTRUCTURING ACT, SO AS TO MAKE TECHNICAL CORRECTIONS IN REGARD TO CERTAIN EFFECTIVE DATES AND EFFECTIVE DATE REFERENCES; TO AMEND THE 1976 CODE BY ADDING SECTION 40-73-17, SO AS TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION SHALL PROVIDE LEGAL SERVICES TO ALL ITS DIVISIONS; SECTIONS 48-9-215 AND 48-9-225, SO AS TO ESTABLISH AND PROVIDE FOR THE STATE LAND RESOURCES AND CONSERVATION DISTRICTS ADVISORY COUNCIL; TO AMEND CHAPTER THREE OF TITLE 49 BY ADDING SECTION 49-3-60, SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES TO NEGOTIATE AGREEMENTS RELATING TO THE WITHDRAWAL, TRANSFER, OR DIVERSION OF WATER CONNECTED TO WATERS OF THIS STATE; TO AMEND THE 1976 CODE BY ADDING CHAPTER 27 TO TITLE 50, SO AS TO CHANGE THE PLACEMENT OF THE STATUTORY AUTHORITY FOR THE HERITAGE TRUST PROGRAM FROM TITLE 51 TO TITLE 50; TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-1720 SO AS TO PROVIDE FOR A SPECIAL LICENSE PLATE FOR LAW ENFORCEMENT MOTOR VEHICLES OPERATED BY LINE LAW ENFORCEMENT PERSONNEL OF THE DEPARTMENT OF PUBLIC SAFETY; TO DIRECT THE CODE COMMISSIONER TO CHANGE CERTAIN REFERENCES TO CONFORM WITH THE PROVISIONS OF THIS ACT; AND TO REPEAL SECTIONS 41-15-310, 43-21-120, 43-21-140, 48-9-230, 49-5-130, 49-21-80, CHAPTER 5 OF TITLE 12, CHAPTER 61 OF TITLE 40, AND CHAPTER 17 OF TITLE 51.

Ordered for consideration tomorrow.

December 19, 1994
Dear Mr. Speaker and Members of the House:

I am transmitting herewith an appointment for confirmation. This appointment is made with the advice and consent of the General Assembly, and is therefore submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.
Governor

Initial Appointment, State Ethics Commission, with term to commence July 1, 1994, and to expire July 1, 1999:

At-Large:

Mr. H. Bowen Woodruff, Young, Clement, Rivers & Tisdale, P.O. Box 993, Charleston, S.C. 29402

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

December 20, 1994
Dear Mr. Speaker and Members of the House:

I am transmitting herewith an appointment for confirmation. This appointment is made with the advice and consent of the Senate, and is therefore submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.
Governor

Reappointment, State Ethics Commission, with term to commence June 1, 1991, and to expire May 31, 1995:

2nd Congressional District:

Mr. Edward E. Duryea, 3 Riverside Lane, Beaufort, S.C. 29902

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

February 27, 1995
Dear Mr. Speaker and Members of the House:

I am transmitting herewith an appointment for confirmation. This appointment is made with the advice and consent of the General Assembly, and is therefore submitted for your consideration.

Respectfully,
David M. Beasley

Reappointment, State Ethics Commission, with term to commence May 31, 1995, and to expire May 31, 2000:

2nd Congressional District:

Mr. Edward E. Duryea, 3 Riverside Lane, Beaufort, S.C. 29902

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

March 29, 1995
Dear Mr. Speaker and Members of the House:

I am transmitting herewith an appointment for confirmation. This appointment is made with the advice and consent of the General Assembly, and is therefore submitted for your consideration.

Respectfully,
David M. Beasley

Initial Appointment, State Ethics Commission, with term to commence June 30, 1993, and to expire June 30, 1996:

At-Large:

Mr. Richard Vance Davis, 117 Hialeah Road, Greenville, S.C. 29607 VICE John S. Simmons (resigned)

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

April 13, 1995
Dear Mr. Speaker and Members of the House:

I am transmitting herewith an appointment for confirmation. This appointment is made with the advice and consent of the General Assembly, and is therefore submitted for your consideration.

Respectfully,
David M. Beasley

Initial Appointment, State Ethics Commission, with term to commence June 30, 1995, and to expire June 30, 2000:

At-Large:

Mr. Frank B. Washington, 2225 Lorick Avenue, Columbia, S.C. 29203 VICE Adriene B. Wright

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

December 15, 1994
Dear Mr. Speaker and Members of the House:

I am transmitting herewith an appointment for confirmation. This appointment is made with the advice and consent of the General Assembly, and is therefore submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.
Governor

Initial Appointment, State Ethics Commission, with term to commence June 1, 1991, and to expire May 31, 1995:

4th Congressional District:

Mr. Raymond B. Smith, 466 Pimlico Road, Greenville, S.C. 29607 VICE William A. Coates (resigned)

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

February 21, 1995
Dear Mr. Speaker and Members of the House:

I am transmitting herewith an appointment for confirmation. This appointment is made with the advice and consent of the General Assembly, and is therefore submitted for your consideration.

Respectfully,
David M. Beasley
Governor

Reappointment, State Ethics Commission, with term to commence May 31, 1995, and to expire May 31, 2000:

4th Congressional District:

Mr. Raymond B. Smith, 466 Pimlico Road, Greenville, S.C. 29607

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

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

At 12:55 P.M. the House in accordance with the motion of Rep. J. BROWN adjourned to meet at 10:00 A.M. tomorrow.

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