Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Almighty God, our Ruler, Guide and Judge, we thank You for the Divine Law revealed first on Sinai's Mountain top, which when obeyed bring light and life to man, but when these Ten Commandments are disobeyed bring ruin. Cause us here to walk and work hand in hand with each other, following the guidance of Your Word. If we have wavered in our devotion to our God or if our vision of higher things become dim, forgive us and restore us to the right path. We pray not only for those who make the laws, but also for those who interpret the laws, and for those who enforce the laws.

And to You, Father God, we give our praise and thanksgiving. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

Rep. KLAUBER moved that when the House adjourns, it adjourn in memory of Floyd M. Norman of Greenwood, which was agreed to.

March 20, 1996
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, Horry County Master-in-Equity, with term to commence July 31, 1991, and to expire July 31, 1997:

Honorable James Stanton Cross, Jr., 1040 Chelsey Circle, Conway, S.C. 29526 VICE John L. Breeden, Jr. (resigned)

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

March 20, 1996
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, Lee County Master-in-Equity, with term to commence December 31, 1995, and to expire December 31, 2001:

Honorable Robert D. Jennings, 1 Courthouse Square, Bishopville, S.C. 29010

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

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

H. 4518 -- Reps. Haskins, Carnell, Felder, Koon, J. Young, Witherspoon, Hutson, Limbaugh, Cain, Stuart, Allison, Quinn, Tripp and Vaughn: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CREDIT OF THE STATE AND ITS POLITICAL SUBDIVISIONS, SO AS TO REMOVE THE PROHIBITION ON THE STATE AND ITS POLITICAL SUBDIVISIONS FROM BECOMING JOINT OWNERS OF OR STOCKHOLDERS IN A COMPANY, ASSOCIATION, OR CORPORATION AND TO CONFORM OTHER LANGUAGE OF THE PARAGRAPH TO THIS REVISION.

Ordered for consideration tomorrow.

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

H. 4676 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-21-3320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF BINGO GAMES AND DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "NONPROFIT ORGANIZATION".

Ordered for consideration tomorrow.

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

H. 4681 -- Rep. Koon: A BILL TO AMEND SECTION 33-37-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS AND THE PROVISION THAT SUCH CORPORATIONS AND ITS SECURITIES ARE EXEMPT FROM TAXATION, SO AS TO PROVIDE THAT THE CORPORATION IS NOT SUBJECT TO ANY CORPORATION LICENSE TAX OR FEE IMPOSED BY CHAPTER 20 OF TITLE 12; TO AMEND SECTION 33-37-250, AS AMENDED, RELATING TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS AND THEIR POWERS, SO AS TO PERMIT THE BORROWING OF MONEY FROM "SUCH OTHER LENDING SOURCES WHICH ARE APPROVED BY THE BOARD OF DIRECTORS OF THE CORPORATION"; AND TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LOANS TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS BY MEMBERS, SO AS TO DELETE THE PROVISION THAT SUCH LOANS MUST BEAR INTEREST AT A CERTAIN RATE.

Ordered for consideration tomorrow.

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

H. 4774 -- Rep. Fulmer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-227 SO AS TO PROVIDE A METHOD FOR VALUING HOMEOWNERS' ASSOCIATION PROPERTY FOR AD VALOREM TAX PURPOSES; AND TO AMEND SECTION 12-43-230, RELATING TO THE DEFINITIONS OF CERTAIN TYPES OF PROPERTY FOR AD VALOREM TAX PURPOSES SO AS TO DEFINE HOMEOWNERS' ASSOCIATION PROPERTY.

Ordered for consideration tomorrow.

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

S. 1082 -- Senators Drummond and Giese: A BILL TO AMEND SECTION 1-11-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE MADE AVAILABLE BY THE STATE BUDGET AND CONTROL BOARD TO ACTIVE AND RETIRED STATE AND SCHOOL DISTRICT EMPLOYEES AND OTHERS, SO AS TO PROVIDE AN EXCLUSIVE REMEDY FOR RESOLVING CLAIMS WITH RESPECT TO THE PAYMENT OF BENEFITS.

Ordered for consideration tomorrow.

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

S. 1148 -- Senators Drummond, J. Verne Smith, Leventis, Peeler, Patterson, Washington and Giese: A BILL TO AMEND SECTION 10-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF INSURANCE PREMIUMS TO THE STATE BUDGET AND CONTROL BOARD, AND SECTION 15-78-160, RELATING TO THE STATE BUDGET AND CONTROL BOARD NOT BEING LIABLE FOR UNCOVERED OR UNFUNDED RISKS WHEN AN AGENCY OR POLITICAL SUBDIVISION FAILS TO PAY INSURANCE PREMIUMS UNDER THE TORT CLAIMS ACT, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES WHERE THE BOARD MAY CANCEL SUCH POLICIES FOR NONPAYMENT OF PREMIUMS; TO AMEND SECTION 11-9-75, RELATING TO STATE FUNDS BEING WITHHELD FROM COUNTIES AND MUNICIPALITIES WHICH ARE DELINQUENT IN PAYMENTS DUE THE STATE, SO AS TO REVISE THE TYPES OF ENTITIES TO WHICH THIS SECTION APPLIES, AND TO PERMIT AN AGENCY OR INSTITUTION TO WRITE OFF AS A BAD DEBT CERTAIN DELINQUENT PAYMENTS; AND TO REPEAL SECTION 10-7-110 RELATING TO DELINQUENT INSURANCE PREMIUMS PAYABLE TO THE STATE BUDGET AND CONTROL BOARD BEING DEDUCTED FROM CERTAIN GASOLINE TAX DISTRIBUTIONS.

Ordered for consideration tomorrow.

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

S. 1081 -- Senators Drummond and Giese: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC ENTITIES ELIGIBLE FOR PARTICIPATION IN THE STATE HEALTH AND DENTAL INSURANCE PLANS AND THE REQUIREMENTS FOR THIS PARTICIPATION, SO AS TO AUTHORIZE THE WITHHOLDING OF STATE FUNDS OTHERWISE DUE THESE ENTITIES SUFFICIENT TO COVER DELINQUENT PAYMENTS AND TO PROVIDE THE METHOD OF THE WITHHOLDING AND REMITTING OF THESE SUMS TO THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD.

Ordered for consideration tomorrow.

The following was introduced:

H. 4792 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN AND WOMEN WHO HAVE DIED ON THE JOB BY DECLARING APRIL 28, 1996, "WORKERS MEMORIAL DAY".

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

The Senate sent to the House the following:

S. 1275 -- Senator Setzler: A CONCURRENT RESOLUTION TO COMMEND CAMP DISCOVERY, A NONPROFIT THERAPEUTIC RECREATIONAL CAMP, LOCATED IN BLYTHEWOOD, FOR ITS CONTRIBUTIONS IN BUILDING THE SELF-ESTEEM, INDEPENDENCE, AND AWARENESS OF THE PARTICIPANTS AND CLIENTS IT SERVES, AND TO DECLARE SATURDAY, MARCH 30, 1996, AS "CAMP DISCOVERY DAY" IN SOUTH CAROLINA.

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

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

H. 4793 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO BUS SHELTERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1897, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4794 -- Rep. Williams: A BILL TO AMEND SECTION 56-3-4310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO RETIRED MEMBERS OF THE UNITED STATES ARMED FORCES, SO AS TO PROVIDE THAT THIS SPECIAL LICENSE PLATE ALSO MAY BE ISSUED TO THE SPOUSE OF A RETIRED MEMBER OF THE UNITED STATES ARMED FORCES.

Referred to Committee on Education and Public Works.

H. 4795 -- Rep. Gamble: A BILL TO AMEND SECTION 37-10-102, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, SO AS TO PROVIDE THAT THE ATTORNEY'S PREFERENCE AND THE INSURANCE AGENT'S PREFERENCE OF THE BORROWER REQUIRED TO BE ASCERTAINED BY THE CREDITOR IN CONNECTION WITH THESE LOANS ARE INDEPENDENT OF EACH OTHER AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE CREDITOR SHALL COMPLY WITH THIS REQUIREMENT; TO AMEND SECTION 37-10-105, RELATING TO PENALTIES FOR CERTAIN VIOLATIONS OF THE CONSUMER PROTECTION CODE, SO AS TO PROVIDE THAT VIOLATIONS OF SECTION 37-10-102 ABOVE RELATING TO THE ASCERTAINING OF THE ATTORNEY'S PREFERENCE AND THE INSURANCE AGENT'S PREFERENCE OF A BORROWER SHALL BE PUNISHED AS PROVIDED IN SECTION 37-5-202 BELOW; AND TO AMEND SECTION 37-5-202, RELATING TO VIOLATIONS OF THE CONSUMER PROTECTION CODE AND THE RIGHTS OF THE PARTIES IN REGARD THERETO INCLUDING THE RIGHT TO RECOVER DAMAGES, SO AS TO INCLUDE THEREIN VIOLATIONS OF SECTION 37-10-102 IN REGARD TO ATTORNEY AND INSURANCE AGENT PREFERENCES.

Referred to Committee on Labor, Commerce and Industry.

H. 4796 -- Reps. Fulmer, Koon, Harvin, Carnell, Robinson, Stuart, Seithel, Shissias, Limehouse, Hallman, Harrell and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-37-2810, 12-37-2820, 12-37-2830, 12-37-2840, 12-37-2850, 12-37-2860, 12-37-2870, AND 12-37-2880 SO AS TO PROVIDE CERTAIN DEFINITIONS, THAT THE DEPARTMENT OF PUBLIC SAFETY ANNUALLY SHALL ASSESS, EQUALIZE, AND APPORTION THE VALUATION OF ALL MOTOR CARRIER VEHICLES, THAT THE VALUE OF MOTOR CARRIER VEHICLES SUBJECT TO PROPERTY TAX MUST BE DETERMINED BY THE DEPARTMENT OF PUBLIC SAFETY AND THAT THIS PROPERTY TAX MUST BE PAID TO THE DEPARTMENT ANNUALLY, THE METHOD THAT THE TAXES MUST BE DISBURSED, THAT IN LIEU OF THE PROPERTY TAX AND REGISTRATION REQUIREMENTS, A ONE-TIME FEE MAY BE PAID UNDER CERTAIN CIRCUMSTANCES AND THE DISTRIBUTION OF THIS FEE, AND TO PROVIDE AN EXEMPTION FROM PROPERTY TAXES FOR CERTAIN MOTOR VEHICLES.

Referred to Committee on Ways and Means.

H. 4800 -- Reps. Jaskwhich and Wright: A BILL TO AMEND SECTION 59-26-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION OF HIGHER EDUCATION IN REGARD TO TEACHER EDUCATION PROGRAMS, TEACHER EXAMINATIONS, AND TEACHER EVALUATION AND TRAINING PROCEDURES SO AS TO FURTHER PROVIDE FOR THESE DUTIES AND RESPONSIBILITIES; TO AMEND SECTION 59-26-40 RELATING TO TEACHER CONTRACTS AND CERTIFICATION SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH PUBLIC SCHOOL TEACHERS SHALL BE EMPLOYED, GRANTED CONTRACTS, AND LICENSED; AND TO REPEAL SECTION 59-26-30 RELATING TO CERTAIN TEACHER EXAMINATIONS AND EVALUATION INSTRUMENTS.

Referred to Committee on Education and Public Works.

H. 4801 -- Rep. Meacham: A BILL TO AMEND SECTION 8-13-1356, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A CANDIDATE FOR PUBLIC OFFICE FILE A STATEMENT OF ECONOMIC INTERESTS AT THE TIME THE CANDIDATE FILES A DECLARATION OF CANDIDACY OR A PETITION FOR NOMINATION AND OTHER FILING REQUIREMENTS, SO AS TO EXEMPT A PUBLIC OFFICIAL FROM THE PROVISIONS OF THIS SECTION IF HE HAS A CURRENT STATEMENT OF ECONOMIC INTERESTS ON FILE WITH HIS SUPERVISORY OFFICE REQUIRED BY SECTION 8-13-1140.

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

H. 4802 -- Rep. Harrison: A BILL TO AMEND SECTION 14-1-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIRED JUDGES OR JUSTICES BEING ASSIGNED TO PRESIDE IN CERTAIN COURTS BY THE CHIEF JUSTICE, SO AS TO ADD FAMILY COURT JUDGES TO THE LIST OF JUDGES WHO MAY BE ASSIGNED, TO PROVIDE THAT ALL SUCH JUDGES AND JUSTICES MAY SERVE IN ANY COURT WITHIN THE UNIFIED JUDICIAL SYSTEM, AND TO REVISE THE ELIGIBILITY REQUIREMENTS APPLICABLE TO SUCH JUDGES OR JUSTICES IN ORDER FOR THEM TO BE SO ASSIGNED.

Referred to Committee on Judiciary.

H. 4803 -- Reps. Harrison and Wilkins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 17, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES, SO AS TO PERMIT THE SUPREME COURT TO REMOVE ANY JUDGE WITHIN THE UNIFIED JUDICIAL SYSTEM FROM OFFICE FOR MISCONDUCT, BREACH OF ANY ETHICAL OBLIGATION, HABITUAL INTEMPERANCE, OR PERSISTENT FAILURE TO PERFORM THE DUTIES OF THE OFFICE, AND ALSO TO PERMIT THE SUPREME COURT TO REMOVE OR RETIRE ANY JUDGE FROM OFFICE UPON A FINDING OF MENTAL OR PHYSICAL INCAPACITY RATHER THAN DISABILITY WHICH SERIOUSLY INTERFERES WITH THE PERFORMANCE OF HIS DUTIES WHICH IS OR IS LIKELY TO BECOME PERMANENT.

Referred to Committee on Judiciary.

H. 4804 -- Reps. Keyserling and Sharpe: A BILL TO AMEND SECTION 50-17-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLANTING REQUIREMENTS OF SHELLFISH PERMITTEES, SO AS TO DECREASE FROM ONE HUNDRED TWENTY-FIVE TO FIFTY THE NUMBER OF BUSHELS REQUIRED TO BE PLANTED.

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

H. 4805 -- Rep. Harrison: A BILL TO AMEND SECTIONS 1-3-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS OF OFFICERS REMOVED BY THE GOVERNOR; 1-23-390, RELATING TO JUDICIAL REVIEW OF CERTAIN ADMINISTRATIVE PROCEDURES ACT APPEALS; 4-27-320, RELATING TO APPEALS OF CIRCUIT COURT DECISIONS INVOLVING COUNTY BOARD OF ADJUSTMENT CASES; 4-27-630, RELATING TO APPEALS OF CERTAIN COUNTY PLANNING CASES; 6-7-790, RELATING TO APPEALS OF ZONING DECISIONS; 6-29-850, RELATING TO APPEALS OF BOARD OF ZONING APPEALS DECISIONS; 6-29-940, RELATING TO APPEALS OF BOARD OF ARCHITECTURAL REVIEW DECISIONS; 14-11-85, RELATING TO APPEALS FROM FINAL JUDGMENTS ENTERED BY A MASTER-IN-EQUITY; 17-27-100, RELATING TO JUDICIAL REVIEWS OF POST-CONVICTION RELIEF DECISIONS; 20-7-2220, RELATING TO APPEALS OF FAMILY COURT DECISIONS PERTAINING TO THE COMMITMENT OR CUSTODY OF CHILDREN; 34-29-180, RELATING TO JUDICIAL REVIEW OF CONSUMER FINANCE LAW DECISIONS; 37-6-108, RELATING TO REVIEW OF ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS; 37-6-415, RELATING TO JUDICIAL REVIEW OF CONTESTED CASES UNDER THE CONSUMER PROTECTION CODE; 39-37-100, RELATING TO JUDICIAL REVIEW OF CERTAIN DEPARTMENT OF AGRICULTURE DECISIONS; 41-31-630 AND 41-35-750, RELATING TO APPEAL OF CERTAIN EMPLOYMENT SECURITY COMMISSION DECISIONS; 42-17-40, AS AMENDED, RELATING TO APPEAL OF CERTAIN WORKER'S COMPENSATION COMMISSION AWARDS; 44-17-620, RELATING TO APPEALS OF PROBATE COURT ORDERS REGARDING THE COMMITMENT OF MENTALLY ILL PERSONS; 49-19-1080, RELATING TO APPEAL OF DRAINAGE AND WATER RECLAMATION DECISIONS; 57-5-1120, RELATING TO JUDICIAL REVIEW OF DEPARTMENT OF TRANSPORTATION DECISIONS PERTAINING TO PRIVATE DRIVEWAYS AND SIDE-ROAD ENTRANCES; 58-5-360, RELATING TO APPEALS OF PUBLIC SERVICE COMMISSION DECISIONS PERTAINING TO GAS, HEAT, WATER, AND SEWAGE COMPANIES; 58-9-1470, RELATING TO APPEALS OF ORDERS OF THE PUBLIC SERVICE COMMISSION PERTAINING TO TELEPHONE AND TELEGRAPH COMPANIES; 59-25-260, RELATING TO APPEALS OF STATE BOARD OF EDUCATION ORDERS PERTAINING TO TEACHERS; 59-25-480, RELATING TO APPEALS OF SCHOOL DISTRICT BOARD OF TRUSTEES' DECISIONS PERTAINING TO TEACHERS; AND 59-25-830, RELATING TO DECISIONS OF STATE BOARD OF EDUCATION PERTAINING TO DISCRIMINATION AGAINST TEACHERS, SO AS TO PROVIDE THAT THESE APPEALS OR REVIEWS MUST BE TAKEN IN THE MANNER PROVIDED BY THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTIONS 1-7-140, RELATING TO ANNUAL REPORTS TO THE GENERAL ASSEMBLY BY THE ATTORNEY GENERAL; 2-13-60, RELATING TO DUTIES OF THE CODE COMMISSIONER; 2-13-80, RELATING TO ANNUAL CUMULATIVE SUPPLEMENTS TO THE SOUTH CAROLINA CODE OF LAWS; 14-1-40, RELATING TO THE DEFINITION OF A CLERK FOR CERTAIN COURT PURPOSES; 14-8-210, AS AMENDED, RELATING TO REVIEW BY THE SUPREME COURT OF COURT OF APPEALS' DECISIONS; 15-1-60, RELATING TO THE DEFINITION OF A CLERK FOR PURPOSES OF CIVIL REMEDIES AND PROCEDURES; 15-1-260, RELATING TO PAYMENTS OF DEPOSITS IN LIEU OF BONDS; 15-17-550, RELATING TO ARREST AND BAIL APPEAL PROCEEDINGS; 17-4-70, RELATING TO DUTIES OF THE OFFICE OF APPELLATE DEFENSE, 17-15-200, RELATING TO PERSONS TO WHOM A DEPOSIT IN LIEU OF BOND OR RECOGNIZANCE MUST BE PAID; 18-1-20, RELATING TO CERTAIN DEFINITIONS IN REGARD TO CIVIL AND CRIMINAL APPEALS; 18-9-10, 18-9-30, 18-9-40, AND 18-9-270, ALL RELATING TO APPEALS TO THE SUPREME COURT; 27-40-800, RELATING TO LANDLORD AND TENANT APPEALS; 38-59-40, AS AMENDED, RELATING TO LIABILITY FOR ATTORNEYS' FEES WHERE AN INSURER HAS REFUSED TO PAY A CLAIM AND APPEALS THEREFROM; 38-63-90, RELATING TO AUTHORIZATION OF ATTORNEYS' FEES WHERE A LIFE INSURER REFUSES TO PAY A CLAIM AND APPEALS THEREFROM; 39-3-190, RELATING TO ENFORCEMENT OF TRUST AND MONOPOLY PROVISIONS BY THE ATTORNEY GENERAL; 42-1-650, RELATING TO LIMITATIONS ON CERTAIN WORKERS' COMPENSATION ACTIONS; 50-5-130, RELATING TO PROSECUTION OF FISH, GAME, AND WATERCRAFT VIOLATORS; 59-25-270, RELATING TO REVOCATION OR SUSPENSION OF TEACHERS' CERTIFICATES AND APPEALS THEREFROM; 62-1-308, RELATING TO APPEALS FROM THE PROBATE COURT UNDER THE SOUTH CAROLINA PROBATE CODE, SO AS TO INCLUDE REFERENCES THEREIN TO THE COURT OF APPEALS OR TO CLARIFY REFERENCES THEREIN TO THE COURT OF APPEALS OR OTHER COURTS; TO AMEND SECTIONS 1-7-40, RELATING TO APPEARANCES FOR THE STATE IN THE SUPREME COURT BY THE ATTORNEY GENERAL, SO AS TO CLARIFY A REFERENCE THEREIN TO THE SUPREME COURT; 14-1-70, RELATING TO THE LISTING OF THE COURTS OF JUSTICE IN THIS STATE, SO AS TO INCLUDE THE COURT OF APPEALS THEREIN AND DELETE VARIOUS OBSOLETE REFERENCES; 14-8-200, RELATING TO JURISDICTION OF THE COURT OF APPEALS, SO AS TO FURTHER PROVIDE FOR THIS JURISDICTION; 14-8-260, RELATING TO DETERMINATION OF CASES ASSIGNED TO THE COURT OF APPEALS, SO AS TO PROVIDE THAT THE SUPREME COURT SHALL SPECIFY BY RULE WHETHER OR NOT THE NOTICE OF APPEAL SHALL BE FILED INITIALLY WITH THE SUPREME COURT OR COURT OF APPEALS AND TO ESTABLISH PROCEDURES FOR THE FILING OF THESE NOTICES OF APPEAL; 15-51-42, RELATING TO APPROVAL OF SETTLEMENTS OF WRONGFUL DEATH OR SURVIVAL ACTIONS, SO AS TO SPECIFY THE PARTICULAR COURTS TO WHICH CERTAIN PETITIONS SHALL BE ADDRESSED; 18-9-150, RELATING TO DEPOSITS OR SURETY WHEN A JUDGMENT REQUIRES DELIVERY OF DOCUMENTS; 18-9-160, RELATING TO STAYING A JUDGMENT TO EXECUTE A CONVEYANCE; 18-9-220, RELATING TO WHEN NOTICE OF APPEAL STAYS LOWER COURT PROCEEDINGS, SO AS TO SPECIFY WHICH APPELLATE COURT IS ENTITLED TO ISSUE CERTAIN ORDERS OR ISSUE BINDING JUDGMENTS IN REGARD THERETO; TO REPEAL SECTIONS 14-8-540, RELATING TO PROCEDURES FOR APPEALS TO THE COURT OF APPEALS; 15-37-150, RELATING TO CASES ON APPEAL TO THE SUPREME COURT; AND 17-4-90, RELATING TO WHEN TIME TO APPEAL COMMENCES IN CERTAIN CASES INVOLVING INDIGENT PERSONS.

Referred to Committee on Judiciary.

H. 4806 -- Reps. Govan and Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 60 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE SPECIAL LICENSE PLATES FOR MEMBERS OF THE SHRINERS.

Referred to Committee on Education and Public Works.

H. 4807 -- Reps. Anderson, McMahand, Herdklotz and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-243 SO AS TO REQUIRE SCHOOL DISTRICTS TO DEVELOP ALTERNATIVE SCHOOLS AND TO REQUIRE A CHILD EXPELLED FOR MORE THAN ONE WEEK TO BE PLACED IN A PRIVATE OR ALTERNATIVE SCHOOL.

Referred to Committee on Education and Public Works.

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

H. 4797 -- Reps. Stoddard, Inabinett, Littlejohn and McAbee: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 10, 1996, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, THE COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, THE UNIVERSITY OF SOUTH CAROLINA, THE WIL LOU GRAY OPPORTUNITY SCHOOL, WINTHROP UNIVERSITY, AND THE BOARD OF VISITORS OF THE CITADEL, TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1996 OR WHOSE POSITIONS OTHERWISE MUST BE FILLED, AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

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

(1)     That the House of Representatives and the Senate meet in joint session in the Hall of the House at 12:00 noon on Wednesday, April 10, 1996, for the purpose of electing members of the Boards of Trustees of Clemson University, the College of Charleston, Francis Marion University, Lander University, the Medical University of South Carolina, South Carolina State University, the University of South Carolina, the Wil Lou Gray Opportunity School, Winthrop University, and the Board of Visitors of the Citadel, to succeed those members whose terms expire in 1996 or whose positions otherwise must be filled.

(2)     That all nominations be made by the chairman of the joint legislative committee which screened the candidates for the above offices and that no further nominating nor any seconding speeches be made during the joint session by members of the General Assembly on behalf of any of the candidates.

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

The following was introduced:

H. 4798 -- Reps. Stoddard, Wilder and Carnell: A CONCURRENT RESOLUTION TO COMMEND LAURENS COUNTY DEPUTY SHERIFF GARY H. GIBBS FOR HIS DISTINGUISHED CAREER AS A LAW ENFORCEMENT OFFICER UPON THE OCCASION OF HIS UPCOMING RETIREMENT.

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

The following was introduced:

H. 4799 -- Reps. Wilder, Stoddard and Carnell: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE JAMES R. BRASWELL, MAGISTRATE OF THE COUNTY OF LAURENS, FOR HIS MANY YEARS OF DISTINGUISHED SERVICE TO LAURENS COUNTY AND THE STATE OF SOUTH CAROLINA UPON HIS RETIREMENT.

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

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

H. 4757 -- Rep. Gamble: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO MR. JOE BONDS, SUPERINTENDENT OF LEXINGTON COUNTY SCHOOL DISTRICT TWO, MR. BARRY F. BOLEN, PRINCIPAL OF BROOKLAND-CAYCE HIGH SCHOOL, AND OTHER REPRESENTATIVES OF THE DISTRICT AND THE SCHOOL FOR THE PURPOSE OF RECEIVING CONGRATULATIONS ON BROOKLAND-CAYCE HIGH SCHOOL'S SELECTION AS A WINNER IN REDBOOK MAGAZINE'S "AMERICA'S BEST SCHOOLS" PROJECT.

On motion of Rep. GAMBLE, with unanimous consent, the following House Resolution was taken up for immediate consideration.

H. 4757 -- Rep. Gamble: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO MR. JOE BONDS, SUPERINTENDENT OF LEXINGTON COUNTY SCHOOL DISTRICT TWO, MR. BARRY F. BOLEN, PRINCIPAL OF BROOKLAND-CAYCE HIGH SCHOOL, AND OTHER REPRESENTATIVES OF THE DISTRICT AND THE SCHOOL FOR THE PURPOSE OF RECEIVING CONGRATULATIONS ON BROOKLAND-CAYCE HIGH SCHOOL'S SELECTION AS A WINNER IN REDBOOK MAGAZINE'S "AMERICA'S BEST SCHOOLS" PROJECT.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be extended to Mr. Joe Bonds, Superintendent of Lexington County School District Two, Mr. Barry F. Bolen, Principal of Brookland-Cayce High School, and other representatives of the district and the school, on a date and at a time to be determined by the Speaker, for the purpose of receiving congratulations on Brookland-Cayce High School's selection as a winner in Redbook magazine's "America's Best Schools" project.

The Resolution was adopted.

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

H. 4775 -- Rep. Kinon: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE SOUTH CAROLINA ROAD 17-198, NOW KNOWN AS EAST COUNTRY CLUB ROAD, CONNECTING UNITED STATES HIGHWAY 301 WITH SOUTH CAROLINA ROAD 17-61 NEAR THE TOWN OF HAMER IN DILLON COUNTY AS THE "SENATOR D. DIXON LEE ROAD" TO HONOR THE MEMORY OF THIS RECENTLY DECEASED, OUTSTANDING, AND DISTINGUISHED SOUTH CAROLINIAN AND REQUESTING THE DEPARTMENT TO ERECT APPROPRIATE MARKERS OR SIGNS GIVING EFFECT TO THIS DESIGNATION.

On motion of Rep. KINON, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.

H. 4775 -- Rep. Kinon: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE SOUTH CAROLINA ROAD 17-198, NOW KNOWN AS EAST COUNTRY CLUB ROAD, CONNECTING UNITED STATES HIGHWAY 301 WITH SOUTH CAROLINA ROAD 17-61 NEAR THE TOWN OF HAMER IN DILLON COUNTY AS THE "SENATOR D. DIXON LEE ROAD" TO HONOR THE MEMORY OF THIS RECENTLY DECEASED, OUTSTANDING, AND DISTINGUISHED SOUTH CAROLINIAN AND REQUESTING THE DEPARTMENT TO ERECT APPROPRIATE MARKERS OR SIGNS GIVING EFFECT TO THIS DESIGNATION.

Whereas, the Honorable D. Dixon Lee represented the citizens of Dillon County in the South Carolina Senate; and

Whereas, Senator Lee, who passed away recently, was a distinguished individual and an outstanding and dedicated public servant; and

Whereas, it is entirely fitting that his memory and his service be honored in a special and permanent manner. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, requests the Department of Transportation to designate South Carolina Road 17-198, now known as East Country Club Road, connecting United States Highway 301 with South Carolina Road 17-61 near the Town of Hamer in Dillon County as the "Senator D. Dixon Lee Road" to honor the memory of this recently deceased, outstanding, and distinguished South Carolinian and further requests the department to erect appropriate markers or signs giving effect to this designation.

Be it further resolved that copies of this resolution be forwarded to the Department of Transportation, the family of the late Senator D. Dixon Lee, and the Dillon County Council.

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

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

S. 1170 -- Senator Elliott: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE BRIDGE ON HIGHWAY 41 AT THE LITTLE PEE DEE RIVER IN DILLON COUNTY THE "HUGGINS BRIDGE" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.

On motion of Rep. KINON, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.

S. 1170 -- Senator Elliott: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE BRIDGE ON HIGHWAY 41 AT THE LITTLE PEE DEE RIVER IN DILLON COUNTY THE "HUGGINS BRIDGE" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.

Whereas, it is fitting and appropriate that the bridge on Highway 41 at the Little Pee Dee River in Dillon County be designated and named the "Huggins Bridge" as a lasting tribute to this distinguished South Carolina family. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, requests the Department of Transportation to designate and name the bridge on Highway 41 at the Little Pee Dee River in Dillon County the "Huggins Bridge" and to install appropriate markers or signs at or near the bridge as the department considers advisable containing the words "Huggins Bridge".

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

The Concurrent Resolution was adopted and ordered returned 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.              Brown, T.              Cain
Carnell                Cato                   Cave
Chamblee               Clyburn                Cobb-Hunter
Cooper                 Cotty                  Cromer
Dantzler               Delleney               Easterday
Fleming                Fulmer                 Gamble
Hallman                Harrell                Harris, J.
Harris, P.             Harrison               Haskins
Herdklotz              Hines, J.              Hines, M.
Hodges                 Howard                 Hutson
Inabinett              Jaskwhich              Jennings
Keegan                 Kelley                 Kennedy
Keyserling             Kinon                  Kirsh
Klauber                Knotts                 Koon
Lanford                Law                    Lee
Limbaugh               Littlejohn             Lloyd
Loftis                 Marchbanks             Martin
Mason                  McAbee                 McCraw
McKay                  McMahand               McTeer
Meacham                Moody-Lawrence         Neal
Neilson                Phillips               Quinn
Rhoad                  Rice                   Richardson
Riser                  Robinson               Rogers
Sandifer               Scott                  Seithel
Sharpe                 Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Spearman               Stille                 Stoddard
Stuart                 Townsend               Trotter
Vaughn                 Waldrop                Walker
Wells                  Whatley                Whipper, L.
Whipper, S.            White                  Wilder
Wilkes                 Wilkins                Williams
Witherspoon            Wofford                Worley
Wright                 Young                  Young-Brickell

I came in after the roll call and was present for the Session on Thursday, March 21.

John W. Tucker, Jr.               G. Ralph Davenport, Jr.
Jerry N. Govan, Jr.               Paula H. Thomas
Joseph T. McElveen, Jr.           H.B. Limehouse III
Daniel L. Tripp                   Alma W. Byrd
Ralph W. Canty                    John G. Felder
C. Alex Harvin III

Announcement was made that Dr. Marion McFarland of Columbia is the Doctor of the Day for the General Assembly.

Rep. D. SMITH, on behalf of the Spartanburg Delegation presented to the House the Spartanburg High School Vikings Varsity Football Team, winners of the 1995 Region II AAAA Championship, their coaches and other school officials.

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

The following Bill was taken up.

H. 4761 -- Reps. Gamble, Koon, Knotts, Riser, Spearman and Wright: A BILL TO PROHIBIT, UNDER CERTAIN CONDITIONS, A SERVICE CHARGE, TAX, OR BUSINESS LICENSE FEE IMPOSED IN ANY AREA OF LEXINGTON COUNTY THAT HAS BEEN ANNEXED BY A MUNICIPALITY AND TO PROVIDE EXCEPTIONS.

Rep. ROGERS raised the Point of Order that the Bill had statewide impact and should not be local legislation. He further stated that it should have been referred to a committee and that the Bill provided that if any city annexed areas within Lexington County, then certain conditions would be attached. He further stated that there were cities outside of Lexington County that have territory in Lexington County and the legislation could affect those cities and any other city in the future outside of Lexington County that might propose to annex an area within Lexington County.

Rep. GAMBLE argued contra the Point in stating that the Bill did not have any impact on any property that is already incorporated by a municipality outside of Lexington County and that it only made reference to unincorporated areas in Lexington County.

Rep. ROGERS stated that if any municipal body outside of Lexington County proposed to annex in Lexington County, then the Bill would affect the activities that could be conducted by that annexing city.

Rep. GAMBLE stated that speculative type situations had never been allowed in dealing with local legislation.

The SPEAKER inquired if there had been any annexation since Jan. 1, 1996.

Rep. GAMBLE stated that there had not been any annexation since that time.

Rep. ROGERS continued to argue in stating that the Bill provided that a city in another county may not levy taxes or collect fees in an annexed portion of an adjoining county except by the permission of the adjoining County Council.

The SPEAKER stated that it could affect other counties but at this point it appeared that it affected only Lexington County. He further stated that he would research the Point and rule at a later time.

The SPEAKER stated that based on the research he had done on the precedents that he would overrule the earlier Point of Order raised by Rep. ROGERS on H. 4761.

Rep. ROGERS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

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

H. 4791 -- Reps. Walker, Littlejohn, Allison, Cato, Davenport, Wells, D. Smith, Lee, Lanford and Phillips: A JOINT RESOLUTION TO PROVIDE THAT CERTAIN SCHOOL DAYS MISSED BY STUDENTS OF SPECIFIED SCHOOL DISTRICTS IN SPARTANBURG COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO WEATHER OR OTHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

On motion of Rep. WALKER, with unanimous consent, it was ordered that H. 4791 be read the third time tomorrow.

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

H. 4660 -- Reps. Rhoad, Anderson, Breeland, Fleming, Loftis, Seithel, Knotts, Stoddard, Sandifer, Wright, Quinn, Bailey, Cato, Sharpe, J. Hines, Spearman, Herdklotz, Townsend, McCraw, J. Brown, Neilson, Harrison, Baxley, Harvin, McMahand, H. Brown, Byrd, Davenport, Lloyd, M. Hines, Kinon, Limehouse, Waldrop, L. Whipper, Cobb-Hunter, Phillips, Felder and Cain: A BILL TO AMEND SECTION 38-7-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURANCE PREMIUM TAX EXEMPTIONS ALLOWED INSURANCE COMPANIES THAT INSURE ONLY CHURCHES, SO AS TO EXTEND THE EXEMPTION TO WORKERS' COMPENSATION INSURANCE PREMIUMS AND TO CLARIFY A REFERENCE.

H. 4542 -- Reps. Klauber, Herdklotz, Simrill, McCraw, Richardson, Shissias, J. Young and Jaskwhich: A BILL TO AMEND SECTION 12-56-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO INCLUDE MUNICIPAL, COUNTY, AND REGIONAL HOUSING AUTHORITIES WITHIN THE DEFINITION OF "CLAIMANT AGENCY".

H. 4387 -- Reps. McElveen and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-65 SO AS TO GRANT EMPLOYERS IMMUNITY, BOTH ABSOLUTE AND QUALIFIED DEPENDING ON THE SCOPE OF THE INFORMATION, FOR RESPONDING TO PROSPECTIVE EMPLOYERS' REQUESTS FOR REFERENCES.

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

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

S. 598 -- Senator Bryan: A BILL TO AMEND SECTION 40-15-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCIPLINARY GROUNDS, SO AS TO AUTHORIZE THE STATE BOARD OF DENTISTRY UNDER CERTAIN CIRCUMSTANCES TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS.

S. 421 -- Senator Rose: A BILL TO AMEND SECTIONS 4-20-20 AND 4-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMUNITY RECREATION SPECIAL TAX DISTRICT ACT OF 1994, SO AS TO PROVIDE THAT THE REFERENDUM TO CREATE A DISTRICT MAY BE HELD EITHER AT THE TIME OF THE GENERAL ELECTION OR IN A SPECIAL ELECTION AS DETERMINED BY THE COUNTY COUNCIL AND THAT THE COUNTY COUNCIL SHALL APPOINT MEMBERS TO THE COMMISSION IN ACCORDANCE WITH ANY AGREEMENT EXISTING BETWEEN SUCH COUNTY AND A MUNICIPALITY.

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

H. 4313 -- Reps. Fulmer, Littlejohn, Inabinett, Hutson, Cain, Vaughn and Riser: A BILL TO AMEND SECTION 59-122-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE CITADEL TO ISSUE REVENUE BONDS FOR STUDENT HOUSING, FACULTY HOUSING, AND AUXILIARY FACILITIES, SO AS TO INCREASE THE MAXIMUM PRINCIPAL AMOUNT OF THESE REVENUE BONDS AUTHORIZED TO BE OUTSTANDING AT ANY TIME FROM TWENTY-FIVE MILLION DOLLARS TO THIRTY-FIVE MILLION DOLLARS.

H. 4548 -- Rep. Boan: A BILL TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO, AMONG OTHER THINGS, THE UNIVERSITY OF SOUTH CAROLINA ATHLETIC FACILITIES REVENUE BONDS, SO AS TO REVISE DEFINITIONS, DELETE ISSUANCE APPROVAL REQUIREMENTS BY THE STATE BUDGET AND CONTROL BOARD, EXTEND THE BOND AUTHORITY TO RECONSTRUCTION, RENOVATION, AND EQUIPPING OF ATHLETIC FACILITIES, CONFORM PROVISIONS TO REVISED DEFINITIONS, DELETE THE REQUIREMENT THAT ALL HOME FOOTBALL GAMES BE PLAYED AT THE UNIVERSITY'S STADIUM, TO ALLOW THE ISSUE OF TERM BONDS, AND DELETE SPECIFIC REQUIREMENTS RELATING TO BOND MATURITIES, TO EXTEND THE TAX EXEMPTIONS OF SUCH BONDS AND DELETE AN OBSOLETE REFERENCE, TO DELETE LIMITATIONS AND OBSOLETE PROVISIONS RELATING TO THE SALE OF THESE BONDS, TO MAKE VOLUNTARY THE ESTABLISHMENT OF A BOND RESERVE FUND AND TO ALLOW OTHER PROCEEDS TO BE CREDITED TO THE DEBT SERVICE FUND OR BOND RESERVE FUND, AND TO AUTHORIZE TRUSTEES ADDITIONAL POWERS WITH RESPECT TO THE USE OF PROCEEDS OF THESE BONDS.

H. 4550 -- Rep. Boan: A BILL TO AMEND CHAPTER 117, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIVERSITY OF SOUTH CAROLINA, BY ADDING ARTICLE 5 ENACTING THE UNIVERSITY OF SOUTH CAROLINA REVENUE BOND ACT AUTHORIZING THE UNIVERSITY TO ISSUE REVENUE BONDS TO FINANCE IMPROVEMENTS AND EQUIPMENT AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED.

H. 4553 -- Reps. Koon and McKay: A BILL TO AMEND SECTION 12-43-232, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL REQUIREMENTS FOR REAL PROPERTY TO RECEIVE THE AGRICULTURAL USE CLASSIFICATION FOR PROPERTY TAX VALUATION PURPOSES, SO AS TO EXTEND THE "GRANDFATHER" PROVISIONS ALLOWED CROPLAND TO TIMBERLAND.

H. 4750 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO MEDICAL INSTITUTION VENDOR PAYMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1881, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4751 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO MEDICAID, FAIR HEARINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1875, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4752 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO SUPERVISED INDEPENDENT LIVING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1863, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4755 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISK, SO AS TO, AMONG OTHER THINGS, AUTHORIZE THE MAKING OF ASSIGNED RISK AGREEMENTS AMONG INSURERS, DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT A RESIDUAL MARKET AGREEMENT AND ANY MECHANISM DESIGNED TO IMPLEMENT SUCH AGREEMENT MUST BE SUBMITTED IN WRITING TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE FOR APPROVAL PRIOR TO USE, PROVIDE THAT THE DIRECTOR OR HIS DESIGNEE MAY ALLOW INSURERS TO SUBMIT WRITTEN REQUESTS TO BE DESIGNATED AS A STATE SERVICING CARRIER FOR THE ASSIGNED RISK POOL FOR WORKERS' COMPENSATION INSURANCE, AND PROVIDE FOR RELATED MATTERS.

The following Bill was read the third time, passed and, 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.

S. 996 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 31-6-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX INCREMENT FINANCING FOR REDEVELOPMENT PROJECTS, SO AS TO REVISE THE DEFINITION OF VACANT LAND.

The following Bill was taken up.

H. 4396 -- Reps. Harvin, Herdklotz, Riser, Moody-Lawrence and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-135 SO AS TO REQUIRE INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS TO PAY FOR HOSPITALIZATION FOR AT LEAST FORTY-EIGHT HOURS FOR A MOTHER AND HER CHILD AFTER A VAGINAL DELIVERY AND NINETY-SIX HOURS AFTER A CAESARIAN SECTION.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\8079AC.96).

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

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

"Section 38-71-135.     All individual and group health insurance and health maintenance organization policies providing coverage for the hospitalization of a mother and her newborn child or children, if medically necessary, at the discretion of the attending physician, shall provide for the mother and her newborn child or children to remain in the hospital for a period not to exceed the second postpartum day after the vaginal delivery, not including the day of delivery, and the third postoperative day following a Caesarian Section, not including the day of surgery. Nothing in this section may be construed to prohibit the attending physician from requesting additional time or releasing the mother or her newborn child or children before the expiration time provided in this section."

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

Amend title to conform.

Rep. NEILSON explained the amendment.

Rep. SHEHEEN spoke against the amendment.

Rep. CLYBURN moved to adjourn debate upon the Bill until Tuesday, March 26, which was adopted.

The following Bill was taken up.

H. 4763 -- Reps. Haskins and Harrell: A BILL TO AMEND SECTION 47-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF WILD CARNIVORES AS PETS, SO AS TO DELETE THE REFERENCE TO FERRETS AND EXEMPT THEM FROM THE PROHIBITION.

Rep. RISER moved to commit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs.

Rep. HASKINS moved to table the motion to commit.

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

Those who voted in the affirmative are:

Cato                   Cooper                 Cromer
Delleney               Easterday              Fleming
Harrell                Harrison               Haskins
Jaskwhich              Klauber                Limbaugh
Limehouse              Marchbanks             Mason
McKay                  Meacham                Quinn
Rice                   Robinson               Sandifer
Seithel                Simrill                Smith, D.
Thomas                 Tripp                  Trotter
Vaughn                 Whatley

Those who voted in the negative are:

Allison                Anderson               Bailey
Baxley                 Boan                   Breeland
Brown, G.              Brown, H.              Brown, J.
Brown, T.              Byrd                   Cain
Cave                   Chamblee               Clyburn
Cobb-Hunter            Cotty                  Dantzler
Davenport              Gamble                 Hallman
Harris, J.             Harris, P.             Herdklotz
Hines, J.              Hines, M.              Hodges
Howard                 Hutson                 Inabinett
Jennings               Keegan                 Kelley
Kennedy                Keyserling             Kinon
Kirsh                  Knotts                 Koon
Lanford                Law                    Lee
Littlejohn             Lloyd                  Martin
McAbee                 McCraw                 McElveen
McMahand               McTeer                 Moody-Lawrence
Neal                   Phillips               Riser
Scott                  Sharpe                 Sheheen
Shissias               Smith, R.              Spearman
Stille                 Stoddard               Stuart
Waldrop                Walker                 Wells
Whipper, L.            Whipper, S.            Wilder
Wilkes                 Williams               Witherspoon
Wofford                Worley                 Wright
Young                  Young-Brickell

So, the House refused to table the motion to commit.

The question then recurred to the motion to commit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs, which was agreed to.

The following Bill was taken up.

H. 4480 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-1767, SO AS TO AUTHORIZE THE RUNNING OF COYOTES WITH DOGS FOR PURPOSES OF TRAINING THE DOGS IN A PRIVATE ENCLOSED FOX-HUNTING-DOG-TRAINING FACILITY.

Rep. EASTERDAY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 4608 -- Reps. Sharpe, Cobb-Hunter, Cave, Felder, Clyburn, Rhoad, Stuart, R. Smith, Spearman, McAbee and Govan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-16-105 SO AS TO AUTHORIZE A MEMBER OF A JOINT AGENCY TO CONTRACT WITH THE JOINT AGENCY FOR COLLECTION, TRANSFER, AND/OR DISPOSAL OF SOLID WASTE AND TO FURTHER PROVIDE FOR THE TERMS AND CONDITIONS OF THIS CONTRACT; AND TO AMEND SECTION 6-16-120, RELATING TO GOVERNING BODIES APPROVING JOINT AGENCY PROJECTS FINANCED BY BONDS, SO AS TO REVISE WHICH GOVERNING BODIES MUST APPROVE THE PROJECT.

Rep. McMAHAND made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

S. 614 -- Senator McConnell: A BILL TO AMEND SECTION 50-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF AREAS FOR THE GATHERING OF OYSTERS, SO AS TO INCLUDE CLAMS, PROVIDE FOR PERSONS WHO MAY GATHER THE OYSTERS AND CLAMS, REVISE THE REQUIREMENTS FOR DESIGNATION AND MAINTENANCE OF THE AREAS, AND PROVIDE REQUIREMENTS FOR CRITICAL AREAS DESIGNATED AS PUBLIC SHELLFISH GROUNDS.

Rep. G. BROWN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 4666 -- Reps. Young-Brickell, H. Brown, Cato, Wofford and Law: A BILL TO AMEND SECTION 13-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO PROVIDE THAT THE AUTHORITY ALSO MAY BE KNOWN AS "THE SCRA"; AND TO AMEND THE 1976 CODE BY ADDING SECTION 13-17-180 SO AS TO ALLOW THE SOUTH CAROLINA RESEARCH AUTHORITY TO ESTABLISH NOT-FOR-PROFIT CORPORATIONS, AND PROVIDE FOR THE POWERS OF THESE CORPORATIONS.

Rep. YOUNG-BRICKELL explained the Bill.

Rep. HODGES made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 4716 -- Reps. D. Smith, Tucker, Jennings and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-1015 SO AS TO MAKE AGREEMENTS BETWEEN A BEER WHOLESALER AND AN IMPORTER OF BEER PRODUCED BY A BREWER OUTSIDE OF THE UNITED STATES BINDING ON ANY SUCCESSOR IMPORTER OF BEER PRODUCED BY THAT FOREIGN BREWER AND TO GIVE THIS PROVISION PROSPECTIVE APPLICATION.

Rep. ROGERS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 3883 -- Reps. Rice, Whatley and Knotts: A BILL TO AMEND SECTION 56-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRACE PERIOD FOR PROCURING A MOTOR VEHICLE REGISTRATION AND LICENSE, SO AS TO REQUIRE A PLACARD CONTAINING CERTAIN INFORMATION BE DISPLAYED ON THE MOTOR VEHICLE BEFORE THE REGISTRATION AND LICENSE PLATE ARE RECEIVED.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\amend\DKA\3485CM.96), which was adopted.

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

/SECTION     1.     Section 56-3-210 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:

"Section 56-3-210.     (A)     Persons newly acquiring vehicles and owners of foreign vehicles being moved into this State and required to be registered under this chapter may have not more than forty-five days in which to register and license them.

(B)     Before obtaining a motor vehicle registration and license plate pursuant to subsection (A), the following information must be displayed on the lower left corner of the rear windshield or in the space designated for the placement of a license plate containing the:

(1)     motor vehicle owner's driver's license number;

(2)     motor vehicle's purchase date; and

(3)     date the grace period expires.

(C)     Information displayed pursuant to subsection (B) must consist of letters and numbers at least two inches in height and visible for a distance of fifty feet.

(D)     A person subject to the provisions contained in subsection (B) is responsible for the accuracy of the information displayed. Failure to properly display the information required in this section shall result in a fine of not more than twenty-five dollars. Display of false information shall result in a fine of not more than two hundred dollars with three-fourths of the fine to be remitted to the South Carolina Reinsurance Facility."

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

Amend title to conform.

Rep. COOPER 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. RICE, with unanimous consent, it was ordered that H. 3883 be read the third time tomorrow.

The following Bill was taken up.

H. 3987 -- Reps. Townsend and Cooper: A BILL TO AMEND SECTION 56-3-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR FARM TRUCK LICENSES, SO AS TO PROVIDE THAT THE FEES APPLY TO THE GROSS VEHICLE WEIGHT AND TO REVISE THE FEES.

Rep. COOPER explained the Bill.

Rep. SHEHEEN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 4430 -- Reps. Wright, Mason, Simrill, Askins, Felder, Cain, Sandifer, H. Brown, Inabinett, Stuart, M. Hines, Rice, Spearman, T. Brown, Richardson, Herdklotz, Wofford, Dantzler, Klauber, Koon, Law, Stoddard, Witherspoon, Quinn, Lloyd, Gamble, Easterday, Riser, Limbaugh and Waldrop: A BILL TO AMEND ARTICLE 4, CHAPTER 63, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHOOL CRIME REPORT ACT, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL FORWARD ALL INFORMATION CONCERNING SCHOOL-RELATED CRIME TO THE ATTORNEY GENERAL WHICH SHALL BE USED BY HIM IN THE SUPERVISION OF THE PROSECUTION OF SCHOOL CRIME; TO PROVIDE THAT LOCAL LAW ENFORCEMENT OFFICIALS ARE REQUIRED TO CONTACT THE ATTORNEY GENERAL'S "SCHOOL SAFETY PHONE LINE" WHEN CERTAIN CRIMES OCCUR; TO PROVIDE THAT UPON REQUEST OF A LOCAL SCHOOL DISTRICT, THE ATTORNEY GENERAL MAY PETITION THE LOCAL SCHOOL BOARD TO EXPEL STUDENTS CHARGED WITH CERTAIN CRIMES; AND TO PROVIDE THAT THE ATTORNEY GENERAL IS AUTHORIZED TO REPRESENT THE LOCAL SCHOOL DISTRICT WHEN SUCH CASES ARE APPEALED TO AN APPELLATE COURT.

Rep. HODGES made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 4586 -- Rep. Kelley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-17-375 SO AS TO ESTABLISH A SEPARATE GRIEVANCE PROCEDURE FOR DEPARTMENT OF TRANSPORTATION EMPLOYEES EXEMPTED FROM THE GENERAL STATE EMPLOYEES GRIEVANCE PROCESS; BY ADDING SECTION 57-1-360 SO AS TO DIRECT THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION TO FOSTER THE CREATION OF PRIVATE/PUBLIC PARTNERSHIPS AND TO REQUIRE ANNUAL PROGRAM REPORTS; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO STATE EMPLOYEES EXEMPT FROM THE EMPLOYEE GRIEVANCE PROCESS, SO AS TO EXEMPT VARIOUS CATEGORIES OF DEPARTMENT OF TRANSPORTATION EMPLOYEES; AND TO AMEND SECTION 57-3-20, AS AMENDED, RELATING TO DIVISION DEPUTY DIRECTORS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO REQUIRE A FUTURE APPOINTEE TO THE POSITION OF DIVISION DEPUTY FOR CONSTRUCTION, ENGINEERING, AND PLANNING TO BE A PROFESSIONAL ENGINEER.

Rep. NEAL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

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

S. 627 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FACILITY SPECIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1765, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. JASKWHICH explained the Joint Resolution.

H. 4382 -- Reps. Harrison, Herdklotz, J. Young, Jennings, Riser and Allison: A BILL TO AMEND SECTION 20-4-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDERS FOR PROTECTION FROM DOMESTIC ABUSE, SO AS TO CONFORM THE STATEMENT PERTAINING TO CRIMINAL VIOLATIONS REQUIRED IN SUCH AN ORDER TO AN INCREASE IN THE CRIMINAL PENALTY FOR THIS OFFENSE.

Rep. HARRISON explained the Bill.

H. 4780 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO DESIGNATION OF PLANT PESTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1889, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. RISER explained the Joint Resolution.

On motion of Rep. TOWNSEND, with unanimous consent, it was ordered that S. 627 be read the third time tomorrow.

On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 4382 be read the third time tomorrow.

On motion of Rep. RISER, with unanimous consent, it was ordered that H. 4780 be read the third time tomorrow.

The following Joint Resolution was taken up.

H. 3812 -- Reps. Limbaugh, Tripp, Mason, McElveen, Herdklotz, Knotts, Cain, Dantzler, J. Young, R. Smith, Martin, Wilkins, Hallman, Whatley, Law, Felder, Rice, Sandifer, A. Young, Wofford, Simrill, Allison, Harrell, Keegan, Fair, Cotty, Cooper, Easterday, Quinn, Wells, Kelley, Shissias, Limehouse, Fulmer, Seithel, Huff, Fair, Cotty, Harrison, Walker, D. Smith, Robinson, Fleming, Hutson, Witherspoon, Riser, Davenport, Vaughn, Cato, Wright, Littlejohn, Klauber, Lanford, J. Harris, Sharpe and Haskins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 16 SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN THE OPERATION OF THE STATE'S SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING.

Rep. COBB-HUNTER made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

S. 1101 -- Senator Holland: A BILL TO AMEND SECTION 7-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-35, RELATING TO ELECTION AND REGISTRATION COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-70, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION AND MANAGERS OF ELECTION, SO AS TO PROVIDE THAT COMMISSIONERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION, TO FURTHER DELETE PROVISIONS RELATING TO THE APPOINTMENT OF MANAGERS; AND TO ADD SECTION 7-13-72, RELATING TO THE APPOINTMENT OF MANAGERS AND CLERKS.

Rep. ROBINSON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Joint Resolution was taken up.

H. 4779 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK (SUPERB) SITE REHABILITATION AND FUND ACCESS REGULATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1915, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. ROBINSON made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Joint Resolution was taken up.

H. 3021 -- Reps. Scott, Kelley and Lloyd: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.

Rep. MARCHBANKS made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

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

The following was received and referred to the appropriate committee for consideration.

Document No. 1925
Promulgated By Department of Health and Environmental Control
61-47. Shellfish
Received By Speaker March 21, 1996
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Period Expiration Date July 19, 1996 (subject to sine die revision)

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

H. 4808 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-2025 SO AS TO PROVIDE THAT THE BOARD OF DIRECTORS OF THE SPARTANBURG COUNTY REGIONAL MEDICAL CENTER MUST BE APPOINTED BY A MAJORITY OF THE LEGISLATIVE DELEGATION REPRESENTING THE AREA THE CENTER SERVES.

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

H. 4809 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-2027 SO AS TO REQUIRE THE BOARD OF DIRECTORS OF THE SPARTANBURG REGIONAL MEDICAL CENTER TO OBTAIN THE APPROVAL OF THE MEMBERS OF THE LEGISLATIVE DELEGATION REPRESENTING THE CENTER'S SERVICE AREA BEFORE THE DIRECTORS MAY MERGE WITH, OR SELL OR LEASE ITS FACILITIES TO A FOR PROFIT CORPORATION.

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

H. 4810 -- Reps. Martin, Jennings, Kelley, J. Young and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-13-465 SO AS TO PROVIDE THAT NO UNDERCOVER AGENT UNDER THE AGE OF TWENTY-ONE OF THE DEPARTMENT OF REVENUE AND TAXATION OR ANY OTHER STATE OR LOCAL LAW ENFORCEMENT AGENCY MAY PURCHASE OR ATTEMPT TO PURCHASE BEER, WINE, OR ALCOHOLIC LIQUOR FOR ON OR OFF-PREMISES CONSUMPTION AT AN ESTABLISHMENT LICENSED TO MAKE SUCH SALES UNLESS THE DEPARTMENT OR AGENCY HAS TWO DOCUMENTED INSTANCES THAT THE ESTABLISHMENT HAS VIOLATED PROVISIONS OF LAW PROHIBITING THE SALE OF BEER, WINE, OR ALCOHOLIC LIQUOR TO MINORS, AND TO PROVIDE REMEDIES FOR VIOLATIONS.

Referred to Committee on Judiciary.

H. 4811 -- Reps. Canty, Anderson, Cromer, S. Whipper, Breeland, Cobb-Hunter, Neal, Rogers, Cave, McMahand, L. Whipper, Lloyd, Inabinett, J. Hines, Byrd, Scott and Williams: A JOINT RESOLUTION TO CREATE THE COMMITTEE FOR IMPROVED RACE RELATIONS, TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES, AND SPECIFICALLY TO REQUIRE THE COMMITTEE TO SUBMIT TO THE GENERAL ASSEMBLY BY MAY 13, 1996, RECOMMENDATIONS TO ALLEVIATE RACIAL PROBLEMS AND TENSIONS IN SOUTH CAROLINA AT WHICH TIME THE COMMITTEE IS DISSOLVED.

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

Rep. MARCHBANKS objected.

Referred to Committee on Judiciary.

H. 4812 -- Reps. McElveen, Harrison, Wilkins and Hodges: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 21, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE REQUIREMENT THAT NEITHER HOUSE DURING THE SESSION OF THE GENERAL ASSEMBLY SHALL ADJOURN WITHOUT THE CONSENT OF THE OTHER FOR MORE THAN THREE DAYS, SO AS TO CHANGE THIS PERIOD TO SEVEN DAYS AND PROVIDE THAT THIS REQUIREMENT IS NOT APPLICABLE TO A PARTICULAR HOUSE IF THERE ARE NO PENDING MESSAGES FROM THE GOVERNOR ON THE CALENDAR OF THAT HOUSE OR IF THERE ARE NO BILLS OR JOINT RESOLUTIONS FROM THE OTHER HOUSE ON THE CONTESTED OR UNCONTESTED CALENDAR OF THAT HOUSE FOR SECOND OR THIRD READING.

Referred to Committee on Judiciary.

The following was introduced:

H. 4813 -- Reps. Neal and Cromer: A CONCURRENT RESOLUTION EXPRESSING THE SINCERE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. LAURA TOLIVER "MOTHER" JEFFERSON OF RICHLAND COUNTY AND EXTENDING DEEPEST SYMPATHY TO MRS. JEFFERSON'S FAMILY AND MANY FRIENDS.

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

The following Bill was taken up.

H. 4570 -- Rep. Keyserling: A BILL TO AMEND SECTION 44-96-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WASTE TIRES, SO AS TO INCREASE THE MEMBERSHIP OF THE WASTE TIRE GRANT COMMITTEE BY ADDING THE AUTO RECYCLERS AND DISMANTLERS ASSOCIATION.

Rep. SHEHEEN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 4614 -- Reps. Kelley, Easterday, Allison and Moody-Lawrence: A BILL TO AMEND TITLE 7, CHAPTER 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILDREN, SO AS TO ENACT THE CHILDREN'S CODE REFORM ACT OF 1996.

Rep. HARRISON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 4445 -- Reps. Harrison, Baxley, Martin, D. Smith, Wofford, Jennings, Kelley and J. Young: A BILL TO AMEND SECTION 1-23-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES IN CONTESTED CASES UNDER THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO PROVIDE THAT ALL CONTESTED CASE PROCEEDINGS BEFORE AN ADMINISTRATIVE LAW JUDGE SHALL BE GOVERNED BY THE RULES OF PROCEDURE OF THE ADMINISTRATIVE LAW JUDGE DIVISION; TO AMEND SECTION 1-23-330, RELATING TO EVIDENTIARY MATTERS IN CONTESTED CASES, SO AS TO PROVIDE THAT THE STANDARD OF PROOF SHALL BE THE PREPONDERANCE OF THE EVIDENCE EXCEPT IN PROFESSIONAL LICENSING CASES IN WHICH THE STANDARD OF PROOF SHALL BE CLEAR AND CONVINCING EVIDENCE; TO AMEND SECTION 1-23-570, RELATING TO THE CHIEF JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION BEING RESPONSIBLE FOR THE ADMINISTRATION OF THE DIVISION, SO AS TO PROVIDE THAT THE CHIEF JUDGE SHALL ASSIGN JUDGES TO HEAR ALL CASES RATHER THAN CONTESTED CASES COMING BEFORE THE DIVISION; TO AMEND SECTION 1-23-580, RELATING TO THE CLERK OF THE ADMINISTRATIVE LAW JUDGE DIVISION AND OTHER SUPPORT STAFF, SO AS TO FURTHER PROVIDE FOR THE AUTHORITY OF THE CHIEF JUDGE TO HIRE AND SUPERVISE CERTAIN SUPPORT STAFF, AND TO PROVIDE THAT EACH ADMINISTRATIVE LAW JUDGE MAY APPOINT, HIRE, CONTRACT, AND SUPERVISE AN ADMINISTRATIVE ASSISTANT AS INDIVIDUALLY ALLOTTED AND AUTHORIZED IN THE ANNUAL GENERAL APPROPRIATIONS ACT; TO AMEND SECTION 1-23-650, AS AMENDED, RELATING TO RULES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO FURTHER PROVIDE FOR THESE RULES AND THEIR PROMULGATION AND REVIEW; AND TO AMEND SECTION 48-39-160, AS AMENDED, RELATING TO JURISDICTION OF THE CIRCUIT COURT TO RESTRAIN VIOLATIONS OF COASTAL ZONE PROVISIONS, SO AS TO TRANSFER THIS JURISDICTION TO THE ADMINISTRATIVE LAW JUDGE DIVISION.

Rep. HODGES made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 4790 -- Labor, Commerce and Industry Committee: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING AND FINANCIAL INSTITUTIONS, BY ADDING CHAPTER 25 SO AS TO ENACT THE "SOUTH CAROLINA BANKING AND BRANCHING EFFICIENCY ACT OF 1996" WHICH PROVIDES THE PROCEDURES AND CONDITIONS UNDER WHICH ACQUISITIONS OF SOUTH CAROLINA BANKS AND SOUTH CAROLINA BANK HOLDING COMPANIES MAY BE EFFECTED, UNDER WHICH SOUTH CAROLINA BANKS MAY ENTER INTO INTERSTATE MERGER TRANSACTIONS WITH OUT-OF-STATE BANKS, UNDER WHICH THE OUT-OF-STATE BANKS RESULTING FROM SUCH TRANSACTIONS MAY OPERATE AND MAINTAIN BRANCHES IN THIS STATE, AND UNDER WHICH SOUTH CAROLINA STATE BANKS MAY OPERATE BRANCHES OUTSIDE THIS STATE; TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND TO REPEAL CHAPTER 24 OF TITLE 34, RELATING TO SOUTH CAROLINA BANK HOLDING COMPANY ACT.

Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

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

H. 4647 -- Reps. Vaughn, Rice, Easterday, Littlejohn, Allison, Anderson, Herdklotz, Loftis, Haskins, Cato, McMahand, Wilkins, Tripp, Wells, Jaskwhich and Lanford: A BILL TO AMEND SECTION 55-11-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF AN AIRPORT ENVIRONS AREA AND SUB-AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT, SO AS TO FURTHER PROVIDE FOR THE ENVIRONS AREA, AND DELAY THE DATE FOR COMPLETION OF THE TASKS REQUIRED BY THE AIRPORT ENVIRONS PLANNING COMMISSION.

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.

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

The Senate returned to the House with concurrence the following:

H. 4787 -- Reps. Seithel, Whatley, Dantzler, Limehouse, Harrell, L. Whipper, Breeland, Inabinett, Hallman, Fulmer, Hutson and S. Whipper: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MR. THOMAS R. JOHNSON, SR., VETERANS AFFAIRS OFFICER FOR CHARLESTON COUNTY, WHO HAS PROVIDED OUTSTANDING SERVICE TO VETERANS AND BENEFICIARIES OF VETERANS IN HIS SERVICE AREA AND FOR THE MANY OTHER CONTRIBUTIONS HE HAS MADE IN THIS CAPACITY WHICH HE HAS HELD FOR THE PAST THIRTY YEARS.

H. 4798 -- Reps. Stoddard, Wilder and Carnell: A CONCURRENT RESOLUTION TO COMMEND LAURENS COUNTY DEPUTY SHERIFF GARY H. GIBBS FOR HIS DISTINGUISHED CAREER AS A LAW ENFORCEMENT OFFICER UPON THE OCCASION OF HIS UPCOMING RETIREMENT.

H. 4799 -- Reps. Wilder, Stoddard and Carnell: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE JAMES R. BRASWELL, MAGISTRATE OF THE COUNTY OF LAURENS, FOR HIS MANY YEARS OF DISTINGUISHED SERVICE TO LAURENS COUNTY AND THE STATE OF SOUTH CAROLINA UPON HIS RETIREMENT.

H. 4813 -- Reps. Neal and Cromer: A CONCURRENT RESOLUTION EXPRESSING THE SINCERE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. LAURA TOLIVER "MOTHER" JEFFERSON OF RICHLAND COUNTY AND EXTENDING DEEPEST SYMPATHY TO MRS. JEFFERSON'S FAMILY AND MANY FRIENDS.

At 11:30 A.M. the House in accordance with the motion of Rep. KLAUBER adjourned in memory of Floyd M. Norman of Greenwood, to meet at 10:00 A.M. tomorrow.

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