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The following Bills and Joint Resolution 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. 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.

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.

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.

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

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

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.

The following Bill was taken up.

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.

Rep. SHARPE moved to adjourn debate upon the Bill until Tuesday, May 30.

Rep. A. YOUNG moved to table the motion, which was not agreed to.

The question then recurred to the motion to adjourn debate until Tuesday, May 30, which was agreed to.

The following Bill was taken up.

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.

Rep. BAXLEY moved to adjourn debate upon the Bill until Tuesday, May 30.

Rep. A. YOUNG moved to table the motion, which was agreed to by a division vote of 29 to 6.

Reps. BAXLEY, DELLENEY, CLYBURN, LLOYD, KEEGAN, MEACHAM, ASKINS, SPEARMAN, HUFF, WRIGHT, KNOTTS, CATO, COBB-HUNTER and KELLEY objected to the Bill.

The following Bill was taken up.

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.

Amend the bill, as and if amended, Section 20-7-1670, page 1, line 39, by deleting /20-7-1690/ and inserting /20-7-1690(F)/ so that when amended the second paragraph of Section 20-7-1670 reads:

"Before a child is placed within or outside the boundaries of this State for adoption with nonresidents of this State, compliance with Subarticle 11, Article 11, Chapter 7 of Title 20 (Interstate Compact on the Placement of Children) is required, and a judicial determination must be made in this State that one of the circumstances in items (a) through (e) of this section applies, whether or not the adoption proceedings are instituted in South Carolina. Additionally, in order to determine if any of the circumstances in items (a) through (e) of this section apply so as to permit placement with a nonresident for the purpose of adoption or adoption by a nonresident, a petition may be brought for the determination before the birth of the child or before placement of the child with the prospective adoptive parents. In ruling on this question the court must include in its order specific findings of fact as to the circumstances allowing the placement of a child with a nonresident or the adoption of a child by a nonresident. The court also must analyze the facts against the objective criteria established in Sections 16-3-1060 and 20-7-1690(F) and make specific findings in accordance with the pertinent law and evidence presented. The order resulting from this action does not prohibit or waive the right to refuse to consent to a release of rights or relinquish rights at a later time nor to withdraw a consent or relinquish at a later time as provided in this chapter. The order must be merged with and made a part of any subsequent adoption proceeding initiated in South Carolina."/

Amend further, by adding after Section 1:

/SECTION 2. Section 20-7-1700(A) of the 1976 Code, as last amended by Act 653 of 1988, is further amended to read:

"(A) Consent or relinquishment for the purpose of adoption, pursuant to Section 20-7-1690, must be made by a sworn document, signed by the person or the head of the agency giving consent or relinquishment after the birth of the adoptee, and shall specify the following:

(1) the permanent address of the person or agency making the sworn written statement;

(2) the date, time, and place of the signing of the statement;

(3) the date of birth, race, and sex of the adoptee and any names by which the adoptee has been known;

(5) the name and address of the adoptee's mother or father;

(6) that the consent or relinquishment by the person or agency forfeits all rights and obligations of the person or agency with respect to the named adoptee;

(7) that consent or relinquishment once given must not be withdrawn except by order of the court upon a finding that it is in the best interests of the child, and that the consent or relinquishment was not given voluntarily or was obtained under duress or through coercion; and that the entry of the final decree of adoption renders any consent or relinquishment irrevocable;

(8) that the person or agency giving the consent or relinquishment understands that consent or relinquishment must not be given if psychological or legal advice, guidance, or counseling is needed or desired and that none is needed or desired;

(9) that the person or agency giving the consent or relinquishment waives further notice of the adoption proceedings, unless the proceedings are contested by another person or agency;

(10) that the person or agency giving the consent or relinquishment is doing so voluntarily, and the consent or relinquishment is not being obtained under duress or through coercion; and.

(11) that the person or agency giving the consent or relinquishment has received a copy of the document./

Renumber sections to conform.

Amend totals and title to conform.

Rep. HUFF explained the amendment.

The amendment was then adopted.

Rep. HUFF explained the Bill.

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

The following Bill was taken up.

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

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\18468AC.95), which was adopted.

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

/SECTION 1. Section 20-4-70 of the 1976 Code is amended to read:

"Section 20-4-70. (A) Any An order of protection issued under subsection (a) of Section 20-4-60 shall must be for a fixed time not to exceed six months, but of a minimum of six months not to exceed one year unless the parties have reconciled as evidenced by an order of dismissal and may be extended by order of the court upon motion by the petitioner, showing good cause, with notice to the respondent. A respondent shall have has the right to a hearing on the extension of an order issued pursuant to this section within thirty days of the date upon which the order will expire.

(B) Any Provisions included in an order of protection granting relief pursuant to Section 20-4-60(c) shall dissolve without motion sixty days must be enforced until further order of the court following the issuance of such the order unless, prior to before the expiration of such the period, the court has scheduled a hearing pursuant to the filing of an action for divorce or separate support and maintenance to determine the temporary rights and obligations of the parties with respect to support of a spouse or children, custody and visitation, or the distribution of personal property. If such the hearing has been scheduled, relief granted under Section 20-4-60(c) shall remain remains in effect beyond the sixty day period only until an order pursuant to the hearing is issued by the court.

(C) The Family Court may modify the terms of any order issued under this section.

(D) Any An order of protection issued by a magistrate shall expire expires as provided under the terms of the order or upon the issuance of a subsequent order by the Family Court, whichever occurs first."

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

Renumber sections to conform.

Amend title to conform.

Rep. COTTY explained the amendment.

The amendment was then adopted.

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

The following Bill was taken up.

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".

Reps. SCOTT and LLOYD objected to the Bill.

Rep. COTTY proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10327JM.95), which was adopted.

Amend the bill, as and if amended, by striking SECTION 2 (i.e., lines 30 through 40) on page 2, and inserting:

/SECTION 2. Section 29-3-700 of the 1976 Code is amended to read:

"Section 29-3-700. Upon the filing of such petition and deposit with the clerk of a sufficient sum to pay the costs of the subsequent proceedings he shall issue an order that the property be appraised at its true value as of

Amend title to conform.

Rep. COTTY explained the amendment.

The amendment was then adopted.

Rep. SCOTT moved to adjourn debate upon the Bill.

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

Reps. GOVAN, WHITE and CAVE objected to the Bill.

The following Bill was taken up.

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.

Rep. CROMER explained the Bill.

Reps. KLAUBER, KIRSH, COOPER, MARCHBANKS, TRIPP and DAVENPORT objected to the Bill.

The following Bill was taken up.

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.

Rep. FAIR proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6039HTC.95), which was ruled out of order.

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

/SECTION . A. Article 3, Chapter 9, Title 61 of the 1976 Code is amended by adding:

"Section 61-9-415. (A) In addition to any other licensing requirements provided by law, a holder of a permit authorizing the sale of beer who sells beer by the keg for off premise consumption must comply with the provisions of this section. No person may be issued a permit to sell beer or wine unless the person complies with the provisions of this section.

(B) For purposes of this section, a `keg of beer' or `keg beer' means a brewery sealed, individual container of beer having a liquid capacity of seven gallons or more.

(C) The retailer shall maintain a record in which is recorded the name, address, date of birth, driver's license number of the person obtaining the keg, and the keg number if available. If the keg has no number from the manufacturer, a self-adhesive sticker numbered sequentially must be affixed to the keg and its number recorded. The retailer shall retain records for not less than six months and these records may be reviewed by any law enforcement officer upon request.

(D) The retailer shall require a deposit of not less than fifty dollars for the keg's return which must be paid in cash, by check, or by credit card. If a keg is not returned, the deposit must be forfeited to the retailer. The dealer shall inform the person obtaining the keg of the deposit forfeit policy.

(F) The requirements of this section are cumulative to all requirements regulating retail sales and purchases of beer and a violation of any provision of this section is a ground for the revocation or suspension of the retailer's permit."

B. This section takes effect July 1, 1995./

Renumber sections to conform.

Amend title to conform.

Rep. FAIR explained the amendment.

Rep. KLAUBER raised the Point of Order that Amendment No. 1 was out of order as it was not germane in that the Bill dealt with biennial licenses and the amendment dealt with kegs.

Rep. FAIR argued contra the Point.

SPEAKER Pro Tempore HASKINS stated that the Bill dealt with the refund of biennial licenses and permit fees.

Rep. KLAUBER stated that the issue of germaneness should be narrowly construed.

Rep. FLEMING stated that Page 2, Line 1, of the Bill helped make it germane.

Rep. KLAUBER stated that it was not a condition of the law now.

Rep. FLEMING continued to argue that it was germane.

SPEAKER Pro Tempore HASKINS stated that the thrust of the Bill was to deal with the conditions for a refund and the amendment was not germane to that and he sustained the Point of Order and ruled the amendment out of order.

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

The following Bill was taken up.

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

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