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The following Joint Resolution was taken up.

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

Reps. THOMAS, KELLEY, MARTIN, WITHERSPOON, KEEGAN and J. YOUNG objected to the Joint Resolution.

The following Bill was taken up.

H. 3632 -- Reps. Jennings, Harwell, Knotts, Klauber and Shissias: A BILL TO CONFORM CERTAIN PROVISIONS OF LAW TO THE NEW SOUTH CAROLINA RULES OF EVIDENCE WHICH TAKE EFFECT SEPTEMBER 3, 1995, BY AMENDING SECTION 15-75-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPUTATION TO A FEMALE OF A WANT OF CHASTITY SO AS TO DELETE REFERENCES TO THE RULES OF EVIDENCE AT COMMON LAW; BY AMENDING SECTION 19-11-30, AS AMENDED, RELATING TO THE COMPETENCY OF SPOUSES AS WITNESSES IN LEGAL PROCEEDINGS, SO AS TO PROVIDE THAT SPOUSES ARE COMPETENT TO BE WITNESSES BECAUSE UNDER THE NEW RULES OF EVIDENCE EVERY PERSON IS DEEMED COMPETENT TO BE A WITNESS UNLESS OTHERWISE SPECIFIED; BY AMENDING SECTION 19-11-50, RELATING TO THE TESTIMONY OF A DEFENDANT IN CRIMINAL CASES, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CRIMINAL DEFENDANTS MAY TESTIFY; BY AMENDING SECTION 19-21-50, RELATING TO PROOF OF LOST PAPERS SO AS TO DELETE REFERENCES TO THE PROOF OF LOST PAPERS ACCORDING TO THE RULES OF EVIDENCE EXISTING AT COMMON LAW; BY AMENDING SECTION 24-21-990, AS AMENDED, RELATING TO THE RESTORATION OF A PERSON'S CIVIL RIGHTS UPON A PARDON, SO AS TO FURTHER PROVIDE FOR HIS RIGHT TO

Reps. JENNINGS, KLAUBER, SHISSIAS, HARWELL and KNOTTS proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21706SD.95), which was adopted.

Amend the bill, as and if amended, in Section 19-11-30 of the 1976 Code, as contained in SECTION 3, and inserting:

/"Section 19-11-30. In any trial or inquiry in any suit, action, or proceeding in any court or before any person having, by law or consent of the parties, authority to examine witnesses or hear evidence, the husband or wife of any party thereto or of any person in whose behalf the suit, action, or proceeding is brought, prosecuted, opposed, or defended is, except as hereinafter stated, competent and compellable to give evidence, the same as any other witness, on behalf of any party to the suit, action, or proceeding. However, no husband or wife may be required to disclose any confidential or, in a criminal proceeding, any communication made by one to the other during their marriage.

Notwithstanding the above provisions, a husband or wife is required to disclose any communication, confidential or otherwise, made by one to the other during their marriage where the suit, action, or proceeding concerns or is based on child abuse or neglect, the death of a child, criminal sexual conduct involving a minor, or the commission or attempt to commit a lewd act upon a minor."/

Amend the bill further, as and if amended, in Section 19-11-50 of the 1976 Code, as contained in SECTION 4, and inserting:

/"Section 19-11-50. In the trial of all criminal cases the defendant shall be allowed to testify if he desires to do so, and not otherwise, as to the facts and circumstances of the case. Testimony given under this section The testimony of a defendant in a criminal case shall not be afterwards used against the defendant in any other criminal case, except upon an indictment for perjury founded on that testimony."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. JENNINGS explained the amendment.

The amendment was then adopted.

On motion of Rep. JENNINGS, with unanimous consent, it was ordered that H. 3632 be read the third time tomorrow.

The following Bill was taken up.

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.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5753AC.95), which was adopted.

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

/SECTION 1. This act may be cited as the "Gift of Life Organ and Tissue Procurement Act of 1995".

SECTION 2. The 1976 Code is amended by adding:

"Section 12-7-2414. (A) Each taxpayer required to file a state income tax return who desires to contribute to the Gift of Life Trust Fund of South Carolina as created by Section 44-43-1310 may designate the contribution on the appropriate state income tax form. The contribution may not increase or decrease the income tax liability of the taxpayer and may be made by reducing the income tax refund of a taxpayer by the amount designated or by accepting additional payment from the taxpayer by the amount designated, whichever is appropriate.

(B) All South Carolina income tax return forms must contain a designation for a contribution to the Gift of Life Trust Fund of South

(C) Taxpayers who are entitled to refunds shall have the refunds reduced by the amount designated pursuant to subsection (B). The department annually shall determine the total amount designated plus the amount received in excess payments and shall report the total amount to the State Treasurer. The State Treasurer shall credit the total amount to the Gift of Life Trust Fund at the earliest possible time.

(D) The incremental cost of administration of the contribution must be paid by the trust fund from amounts received pursuant to this section before funds are expended for the purposes of the fund."

SECTION 3. Title 44, Chapter 43 of the 1976 Code is amended by adding:

Section 44-43-1310. There is established the Gift of Life Trust Fund, an eleemosynary corporation, the resources of which must be used to provide organ and tissue education including, but not limited to, public campaigns and school-based programs and to provide financial assistance to transplant recipients who have exhausted all other means of assistance available to procure anti-rejection medications. The trust fund shall accept gifts, bequests, and grants from individuals, foundations, organizations, associations, and any other source. The trust fund shall supplement and augment services provided by state agencies and does not take the place of these services.

Section 44-43-1320. (A) The Gift of Life Trust Fund is to be administered by a board of directors appointed by the Governor composed of the following including, but not limited to:

(1) one representative from a South Carolina certified organ procurement organization that is a member of and abides by the rules and regulations of United Network for Organ Sharing;

(2) one representative from a South Carolina tissue procurement organization that is a member of and abides by the rules and regulations of the American Association of Tissue Banks;

(3) one representative from a South Carolina eye bank that is a member of and abides by the rules and regulations of the Eye Bank Association of America;

(4) five members representing organ, tissue, and eye recipients, families of recipients, and families of donors that reside in South Carolina.

(5) one forensic pathologist who resides and practices in South Carolina.

(B) Members shall serve terms of four years and until successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. Members may serve no more than two terms.

Section 44-43-1330. Board members are not entitled to per diem but may be reimbursed for mileage and all necessary and reasonable expenses incurred in the performance of their duties under this article.

Section 44-43-1340. In administering this article, the board shall:

(1) develop and implement organ and tissue donation, educational programs, and campaigns;

(2) make policy recommendations for the promotion of organ and tissue donation;

(3) evaluate applications for and award financial assistance to organ and tissue recipients for anti-rejection medications in accordance with this chapter.

Section 44-43-1350. The board shall elect a chairman from among its members and shall adopt rules for the governance of its operations. The board shall meet at least semiannually. Five members constitute a quorum.

Section 44-43-1360. The board may employ a director and other staff as necessary to carry out the provisions of this article; however, administration of this article may not exceed twenty percent of the total funds credited to the trust fund, excluding the administrative fee paid to the Department of Revenue and Taxation pursuant to Sections 12-7-2414 and 59-1-143.

Section 44-43-1370. Funds credited to the trust fund, excluding the administrative fees paid to the Department of Revenue and Taxation may be used only for:

(1) administration of this article including, but not limited to, personnel and board expenses;

(2) development and promotion, in cooperation with the South Carolina Donor Network, organ and tissue donor public awareness educational programs using in-state production and advertising companies as long as they are cost effective in comparison to national production and advertising companies;

(4) incorporating organ and tissue donation into the medical school curriculums of the Medical University of South Carolina and the University of South Carolina School of Medicine; funds for this purpose must be transferred to the respective schools of medicine and the funds for each school may not exceed two and one-half percent of the funds received by the trust fund in that year. Each school annually shall conduct a survey to determine if attitudes of their students and graduates have been altered by the curriculums;

(5) financial assistance to transplant recipients who have exhausted all means available to cover the cost of the recipient's anti-rejection medications; however, no funds may be paid directly to the recipient; funds expended for this purpose may not exceed thirty-five percent of the funds received by the trust fund in that year. To be eligible to receive assistance from the trust fund, a transplant recipient must:

(a) be referred to the trust fund by the recipient's transplant center, attending physician, local physician, nurse coordinator, or social worker;

(b) complete an application and financial disclosure form as required by the board.

(6) a reserve fund in an interest bearing account with five percent of the funds received by the trust fund annually to be placed in this account. No withdrawals may be made from this account until the minimum balance has reached one hundred thousand dollars and then these funds only may be used in years in which donations do not meet the average normal operating cost incurred by the trust fund and funds are needed to meet expenses. Once the balance in the reserve funds reaches one hundred thousand dollars, excess funds earned by interest and yearly allocations may be used at the discretion of the board to cover operating costs and to provide additional funds to the education fund and transplant recipient medication fund as provided for above.

Section 44-43-1380. The trust fund board annually shall submit a report to the General Assembly by February first concerning its expenditures of fund monies, activities, and the incidence of organ and tissue donation."

SECTION 4. The 1976 Code is amended by adding:

"Section 56-1-143. An applicant for a new or renewal driver's license, commercial driver's license, motorcycle driver's license, identification

SECTION 5. Of the initial appointments made to the Gift of Life Trust Fund Board of Directors pursuant to Section 44-43-1320 of the 1976 Code, as added by Section 3 of this act, the Governor shall designate three members to serve four years; three members to serve three years; and three members to serve two years. After the initial appointments, members appointed to the board of directors shall serve terms of four years as provided for in Section 44-43-1320 of the 1976 Code.

SECTION 6. This act takes effect upon approval by the Governor except that Section 2 takes effect beginning with filing dates for the 1995 tax year and Section 4 takes effect three months after approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. WILDER explained the amendment.

The amendment was then adopted.

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

On motion of Rep. WALDROP, with unanimous consent, it was ordered that H. 3023 be read the third time tomorrow.

The following Bill was taken up.

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

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7379AC.95), which was adopted.

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

/SECTION 1. Section 23-28-20 of the 1976 Code is amended to read:

"Section 23-28-20. (A) The chief may, in his discretion, or sheriff may appoint such number of reserve police officers as may be needed but not exceeding the number of regular full-time officers of his department. The number of full-time officers shall may not be decreased because of the institution or expansion of a reserve force. Each period of time reserves shall serve shall must be determined and specified by the chief or sheriff in writing. The powers and duties of reserves shall must be prescribed by the chief or sheriff and they shall be are subject to removal by him at any time.

(B) The chief or sheriff, with the approval of the governing body, also shall allow for the compensation of reserve police officers for work done pursuant to Section 23-24-10 when compensation for approved public activities would be paid by a party other than the municipality or county. Reserve officers must be paid for approved public activities the same as off-duty police officers. Work performed for compensation must be in excess of the minimum logged service time required by Section 23-28-70. No additional training, beyond what is required for reserve police officers, is required for reserve police officers who receive compensation.

(C) Before assuming their duties reserves shall must:

(A)(1) take the oath of office required by law.;

(B)(2) be bonded in an amount determined by the governing body of the county, municipality, or other political entity which shall may be not less than one thousand, five hundred dollars.;

(C)(3) successfully complete a course of training specified by the South Carolina Law Enforcement Training Advisory Council and endorsed by the chief or sheriff who appoints them.

SECTION 2. Section 23-28-70 of the 1976 Code is amended to read:

"Section 23-28-70. Reserves shall serve and function as law enforcement officers only on specific orders and directions of the chief or sheriff. To maintain status, reserves shall maintain a minimum logged service time of twenty hours per month or sixty hours per quarter.

Each department utilizing reserves shall have one full-time officer as coordinator-supervisor who shall must be responsible directly to the chief or sheriff."

SECTION 3. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. WALDROP explained the amendment.

The amendment was then adopted.

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

On motion of Rep. WALDROP, with unanimous consent, it was ordered that H. 3135 be read the third time tomorrow.

The following Joint Resolution was taken up.

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

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

/SECTION 1. The State Budget and Control Board shall conduct a study to determine the full costs and benefits of allowing members of the South Carolina Retirement System to retire at any age without penalty with at least twenty-five years of credited service. The study must address all actuarial issues raised by this proposal including the additional costs and options to meet those costs, and a thorough review of the potential benefits of the proposal, including any possible personnel expense reductions. The study should also include a review of other states' retirement benefit plans. The study shall address these issues with respect to both state and local government employers under the system. The study's findings and conclusions must be reported to the General Assembly no later than November 15, 1995./

Amend title to conform.

Rep. LANFORD explained the amendment.

The amendment was then adopted.

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

On motion of Rep. LANFORD, with unanimous consent, it was ordered that H. 3170 be read the third time tomorrow.

The following Bill was taken up.

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

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