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:

God of all wisdom, make of us channels through which Your plans and purposes are accomplished. During the remaining hours of this Legislative session, help us to do our best. Make us to use these remaining hours in which Your will is done as it is in heaven, seizing every minute in such a way that You can hallow them with Your blessing. Give us the radiant joy which is the constant reward of those who are workers together with our God. Endow us with good courage, meeting all of life's challenges with gallant-hearted devotion and dedication to the highest.

Give us Your peace which passes all human understanding. 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. WHATLEY moved that when the House adjourns, it adjourn in memory of Franklin E. West of North Charleston, which was agreed to.

The following was received.
Columbia, S.C., June 12, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3730:
H. 3730 -- Reps. J. Young, Allison, Askins, Bailey, Baxley, Beatty, Boan, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Huff, Hutson, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kinon, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Scott, Seithel, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Vaughn, Waldrop, Walker, Wells, Whatley, S. Whipper, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1995" AND TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN INDIVIDUALS TO CARRY CONCEALED WEAPONS.
Very respectfully,
President

The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

The following was introduced:

H. 5103 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF DR. GREG BAIRD OF ANDERSON COUNTY WHO DIED ON JUNE 10, 1996.

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

The Senate sent to the House the following:

S. 1446 -- Senators Peeler, Lander and Short: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE JACK BARTLEY WEBBER OF UNION COUNTY FOR HIS DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA AND UNION COUNTY AS MAGISTRATE OF THE PINCKNEY TOWNSHIP AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.

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

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

Allison                Anderson               Askins
Bailey                 Baxley                 Beck
Breeland               Brown, G.              Brown, H.
Brown, J.              Cain                   Canty
Cato                   Cave                   Chamblee
Clyburn                Cobb-Hunter            Cooper
Cromer                 Dantzler               Easterday
Felder                 Fleming                Fulmer
Gamble                 Hallman                Harrell
Harris, J.             Harris, P.             Haskins
Herdklotz              Hines, J.              Hines, M.
Howard                 Hutson                 Keegan
Kelley                 Keyserling             Kinon
Kirsh                  Knotts                 Koon
Lanford                Law                    Lee
Limbaugh               Limehouse              Littlejohn
Lloyd                  Loftis                 Marchbanks
Martin                 Mason                  McCraw
McKay                  Meacham                Moody-Lawrence
Neilson                Phillips               Rhoad
Rice                   Richardson             Riser
Robinson               Sandifer               Scott
Seithel                Sharpe                 Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Spearman               Stille
Stoddard               Stuart                 Townsend
Tripp                  Trotter                Tucker
Vaughn                 Waldrop                Walker
Wells                  Whatley                Whipper, S.
White                  Wilder                 Wilkes
Wilkins                Williams               Witherspoon
Wofford                Wright                 Young
Young-Brickell

I came in after the roll call and was present for the Session on Thursday, June 13.

Jennings G. McAbee                Douglas E. McTeer, Jr.
Curtis B. Inabinett               Lucille S. Whipper
Alma W. Byrd                      James H. Hodges
William D. Boan                   Timothy F. Rogers
William F. Cotty                  F.G. Delleney, Jr.
Kenneth Kennedy                   Richard M. Quinn, Jr.
Marion P. Carnell                 Joseph T. McElveen, Jr.
Michael F. Jaskwhich              G. Ralph Davenport, Jr.
Douglas Jennings, Jr.             Theodore A. Brown
Joseph H. Neal                    C. Alex Harvin III

The SPEAKER granted Rep. KLAUBER a leave of absence for the day due to military duty.

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

The following was received
June 12, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on S. 944, R. 448 by a vote of 46 to 0.
S. 944 (R448) -- Senators Greg Smith and Rose: AN ACT TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF GEORGETOWN COUNTY.
Very respectfully,
President

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

The motion of Rep. FELDER to reconsider the vote whereby the Senate amendments were concurred in to the following Bill was taken up.

S. 1216 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 5, TITLE 7, SO AS TO ENACT PROVISIONS FOR MULTIPLE SITE VOTER REGISTRATION AND RESPONSIBILITIES OF THE SOUTH CAROLINA STATE ELECTION COMMISSION IN IMPLEMENTING THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-20, RELATING TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO, AMONG OTHER THINGS, REQUIRE THE EXECUTIVE DIRECTOR TO MAINTAIN A COMPLETE MASTER FILE, RATHER THAN A ROSTER, OF ALL QUALIFIED ELECTORS, REQUIRE HIM TO DELETE THE NAME OF ANY ELECTOR WHO REQUESTS IN WRITING THAT HIS NAME BE REMOVED, AND DELETE CERTAIN PROVISIONS OF LAW; TO AMEND SECTION 7-3-30, RELATING TO NOTICE OF DELETION OF ELECTOR'S NAME FROM ROSTER OF ELECTORS, APPEAL BY ELECTOR, AND RESTORATION OF NAME, SO AS TO, AMONG OTHER THINGS, PROVIDE FOR A MASTER FILE, RATHER THAN A ROSTER, DELETE CERTAIN PROVISIONS, AND PROVIDE THAT IF THE DELETION IS FOR CONVICTION, THE APPEAL MUST BE TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-155, RELATING TO REGISTRATION OF ELECTORS BY MAIL, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT IF THE POSTMARK DATE IS MISSING OR ILLEGIBLE, THE COUNTY BOARD OF VOTER REGISTRATION SHALL ACCEPT THE APPLICATION IF IT IS RECEIVED BY MAIL NO LATER THAN FIVE DAYS AFTER THE CLOSE OF THE REGISTRATION BOOKS BEFORE ANY ELECTION, AND REQUIRE COUNTY BOARDS OF VOTER REGISTRATION TO DISTRIBUTE APPLICATION FORMS TO CITY HALLS AND PUBLIC LIBRARIES; TO AMEND SECTION 7-5-440, RELATING TO THE REQUIREMENT THAT AN ELECTOR'S NAME MUST APPEAR ON THE LIST OF VOTERS IN ORDER TO BE ELIGIBLE TO VOTE, SO AS TO ESTABLISH A PROCEDURE BY WHICH A QUALIFIED ELECTOR WHO HAS MOVED FROM ONE ADDRESS TO ANOTHER AND HAS FAILED TO NOTIFY THE COUNTY BOARD OF REGISTRATION OF A CHANGE OF ADDRESS MAY VOTE; TO AMEND SECTION 7-7-720, RELATING TO CERTIFICATES WHICH MUST BE MAILED TO PERSONS WHOSE REGISTRATION IS TRANSFERRED, SO AS TO CHANGE THE PROCEDURE BY WHICH AN ELECTOR'S NAME MAY BE DELETED FROM THE MASTER FILE; TO AMEND SECTION 7-7-910, RELATING TO THE PLACE REGISTERED ELECTORS ARE REQUIRED TO VOTE, SO AS TO PROVIDE THAT THE SECTION IS ALSO SUBJECT TO THE PROVISIONS OF SECTION 7-5-440, AND DELETE THE PROVISIONS WHICH REQUIRE AN ELECTOR TO VOTE AT THE VOTING PLACE NEAREST TO HIS RESIDENCE WITHIN THE WARD OR OTHER SUBDIVISION OF HIS RESIDENCE, AND TO PROVIDE THAT HE MUST VOTE AT HIS DESIGNATED POLLING PLACE; TO AMEND SECTION 7-13-810, RELATING TO THE POWERS OF THE MANAGERS OF ELECTIONS, SO AS TO ADD A PROVISION WHICH WOULD AUTHORIZE ANY CANDIDATE TO PROTEST AN ELECTION IN WHICH HE IS A CANDIDATE PURSUANT TO THE PROVISIONS OF SECTION 7-17-30, WHEN THE PROTEST IS BASED IN WHOLE OR IN PART ON EVIDENCE DISCOVERED AFTER THE ELECTION, AND PROVIDE WHAT THIS EVIDENCE MAY INCLUDE; AND TO AMEND SECTION 7-25-180, RELATING TO THE DISTRIBUTION OF CAMPAIGN LITERATURE ON ELECTION DAY WITHIN TWO HUNDRED FEET OF A BUILDING WHERE A POLLING PLACE IS LOCATED, SO AS TO PROVIDE THAT THE CANDIDATE MAY WEAR A LABEL IDENTIFYING HIMSELF AS A CANDIDATE AND THE OFFICE HE IS SEEKING AND PROVIDE CONDITIONS ON THE WEARING OF THE LABEL.

Rep. FELDER moved to adjourn debate upon the motion to reconsider, which was adopted.

The following Bill was taken up.

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

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9380AC.96), which was adopted.

Amend the bill, as and if amended, SECTION 8, Section 44-53-140(A), page 9, line 14, by striking /from/ and inserting /by/ so that when amended the subsection reads:

/(A)     Whenever When a holder of the privilege shall seek seeks counselling, treatment, or therapy for any a drug problem from a confidant, no statement made by such the holder and no observation or conclusion derived from by such the confidant shall be is admissible against such the holder in any proceeding. The results of any an examination to determine the existence of illegal or prohibited drugs in a holder's body shall are not be admissible in any proceeding against such the holder. The privilege belongs to the holder and if he the holder waives the right to claim the privilege the communication between the holder of the privilege and the confidant shall be is admissible in evidence in any proceeding. There is no privilege if the services of a confidant are sought to enable the holder of the privilege to commit or plan to commit a crime or a tort./

Amend further, SECTION 11, page 10, line 18, by striking /Section 8/ and inserting /Section 7/ so that when amended, the SECTION reads:

/SECTION     11.     The South Carolina Commission on Alcohol and Drug Abuse shall ensure that a staff position is designated to carry out the functions required by Section 44-49-40(c)(11) of the 1976 Code as added by Section 7 of this act./

Renumber sections to conform.

Amend totals and title to conform.

Rep. J. BROWN explained the amendment.

The amendment was then adopted.

Reps. WOFFORD and HUTSON proposed the following Amendment No. 2 (Doc Name P:\amend\JIC\6098DW.96), which was adopted.

Amend the bill, as and if amended, page 3, line 8, by inserting before the period /; and

Whereas, it is the policy in the State of South Carolina to prosecute women who use illegal drugs during pregnancy/

Amend further, SECTION 2, page 3, lines 21 and 22, by striking /Punitive or coercive measures should be used only as a last resort./

Amend further, SECTION 2, page 4, lines 13-16, by striking /In order to avoid deterring pregnant substance abusers from obtaining prenatal care at the earliest possible time, the privacy of the physician-patient relationship should be protected./

Amend further, SECTION 3, page 6, lines 8 and 9, as contained in Section 44-54-40, by striking /All records and reports regarding the pregnant woman are confidential./

Amend further, SECTION 3, page 7, by striking subsections (G) and (H), as contained in Section 44-54-50.

Amend further, SECTION 4, pages 7 and 8, by striking subsection (C).

Amend further, page 8, by striking SECTION 5 in its entirety.

Amend further, Section 8, page 9, by striking Section 44-53-140 in its entirety and inserting:

/Section 44-53-140.     Whenever When a holder of the privilege shall seek seeks counselling, treatment, or therapy for any a drug problem from a confidant, no statement made by such the holder and no observation or conclusion derived from such the confidant shall be is admissible against such the holder in any proceeding. The results of any an examination to determine the existence of illegal or prohibited drugs in a holder's body shall are not be admissible in any proceeding against such the holder. The privilege belongs to the holder and if he the holder waives the right to claim the privilege the communication between the holder of the privilege and the confidant shall be is admissible in evidence in any proceeding. There is no privilege if the services of a confidant are sought to enable the holder of the privilege to commit or plan to commit a crime or a tort. This shall not apply in any criminal prosecution involving a mother who harms an infant or viable unborn fetus through use of illegal or prohibited drugs or controlled substances./

Renumber sections to conform.

Amend title to conform.

Rep. WOFFORD explained the amendment.

Rep. SHISSIAS spoke against the amendment.

Rep. TRIPP spoke in favor of the amendment.

Rep. SHISSIAS spoke against the amendment.

Rep. HUTSON spoke in favor of the amendment.

Rep. SHISSIAS moved to table the amendment, which was agreed to.

Rep. TRIPP moved to table the Bill, which was agreed to.

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

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

The following was introduced:

H. 5104 -- Reps. Witherspoon, T. Brown, Keegan, Kelley, Martin, Allison, Anderson, Askins, Bailey, Baxley, Beck, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Wofford, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE HAROLD G. WORLEY OF HORRY COUNTY FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON HIS DECISION NOT TO SEEK RE-ELECTION TO THE HOUSE.

Whereas, the members of the General Assembly have learned with deep regret that the Honorable Harold G. Worley is not seeking re-election to the South Carolina House of Representatives; and

Whereas, since he began serving in the House in 1993, he has represented the people of District 104 in Horry County with great ability and dedication; and

Whereas, Harold Worley is a successful businessman, developer, and contractor who brought his experiences in the private sector to the public sector, and this gave him a unique insight into the problems that business and industry face; and

Whereas, he served as a member of the North Myrtle Beach City Council prior to being elected to the General Assembly and in both capacities was an effective voice for more efficient and responsive government; and

Whereas, he was especially effective as a member of the House Labor, Commerce and Industry Committee where he earned the respect and affection of colleagues and constituents alike; and

Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize and commend this outstanding public servant as his tenure in the South Carolina House of Representatives draws to a close. Now, therefore,

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

That the members of the General Assembly hereby commend the Honorable Harold G. Worley of Horry County for his distinguished service as a member of the South Carolina House of Representatives upon his decision not to seek re-election to the House.

Be it further resolved that a copy of this resolution be forwarded to Representative Worley.

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

Rep. SCOTT and the Legislative Black Caucus made a statement relative to Rep. L. WHIPPER's and Rep. WHITE's service in the House.

Rep. S. WHIPPER made a statement relative to Rep. LUCILLE S. WHIPPER's service in the House.

Rep. LUCILLE WHIPPER made a statement relative to her service in the House of Representatives.

Rep. CAVE made a statement relative to Rep. JUANITA M. WHITE's service in the House.

Rep. JUANITA WHITE made a statement relative to her service in the House of Representatives.

Rep. WILKINS and the Greenville Delegation made a statement relative to Rep. RALPH ANDERSON's service in the House.

Rep. BREELAND and the Greenville Delegation made a statement relative to Rep. RALPH ANDERSON's service in the House.

Rep. RALPH ANDERSON made a statement relative to his service in the House of Representatives.

Rep. NEAL and the Berkeley Delegation made a statement relative to Rep. DEWITT WILLIAMS' service in the House.

Rep. DEWITT WILLIAMS made a statement relative to his service in the House of Representatives.

Rep. SCOTT and the Richland Delegation and Rep. HODGES and Rep. COBB-HUNTER made a statement relative to Rep. TIMOTHY F. ROGERS' service in the House.

Rep. TIM ROGERS made a statement relative to his service in the House of Representatives.

Rep. KEEGAN and the Horry Delegation made a statement relative to Rep. L. MORGAN MARTIN's service in the House.

Rep. MORGAN MARTIN made a statement relative to his service in the House of Representatives.

Rep. CARNELL and the Anderson Delegation made a statement relative to Rep. PATRICK B. HARRIS' service in the House.

Rep. PAT HARRIS made a statement relative to his service in the House of Representatives.

On motion of Rep. CARNELL, Rep. P. HARRIS' remarks were ordered printed in the Journal as follows:

This will be my last appearance at this podium. My legislative career, after 27 years, is over. I will be replaced as a legislator and the old saying, "soon gone and quick forgotten" will apply to me as a legislator but I hope I will remain in your hearts forever. I know you will in mine.

I must take this opportunity to thank Jim Harrison for the many nice things he said about me from this podium before his departure for Bosnia--"Thank you Jim."

Age is apparently an issue in all decisions. When I announced that I would not seek reelection, the reporter asked, "How old are you?" I told him, "He would have to figure it out himself--that when I was a boy, the dead sea had just gotten sick!" My seat mate, Mr. John Tucker, said he wanted to correct a historical mistake--"That I was not wounded at Bunkerhill, that it was Gettysburg."

When asked how I felt about ending my legislative career, I replied, "It hurts too bad to laugh and I'm too big to cry." So I leave you with, "Till we meet again."

Rep. CAROLE C. WELLS made a statement relative to her service in the House of Representatives.

Rep. HARRELL and the Berkeley, Dorchester and Charleston Delegations made a statement relative to Reps. HALLMAN's, FULMER's, L. WHIPPER's, WOFFORD's, WILLIAMS' and HUTSON's service in the House.

Rep. HARRY M. HALLMAN made a statement relative to his service in the House of Representatives.

Rep. RON FULMER made a statement relative to his service in the House of Representatives.

Rep. LIMEHOUSE and the Charleston Delegation made a statement relative to Rep. HEYWARD G. HUTSON's service in the House.

Rep. HEYWARD HUTSON made a statement relative to his service in the House of Representatives.

On motion of Rep. HUTSON, his remarks were ordered printed as follows:

I want to thank you for your friendship. I have enjoyed a wonderful relationship with all of you and I hope our friendship will continue in the years ahead.

I would like to share three elements of my philosophy that have served me well through the years and I commend them to you because they will give you great strength at times such as this. The first element I learned in High School from an Episcopal Bishop. He said: "You love people and use things, you don't use people and love things."

The second element comes from Rudyard Kipling's poem "If" which I would like to read to you:

If you can keep your head when all about you
    Are losing theirs and blaming it on you,
If you can trust yourself when all men doubt you,
    But make allowance for their doubting too;
If you can wait and not be tired by waiting,
    Or being lied about, don't deal in lies,
Or being hated don't give way to hating,
    And yet don't look too good, nor talk too wise:
If you can dream--and not make dreams your master;
    If you can think--and not make thoughts your aim,
If you can meet with Triumph and Disaster
    And treat those two imposters just the same;
If you can bear to hear the truth you've spoken
    Twisted by knaves to make a trap for fools,
Or watch the things you gave your life to, broken,
    And stoop and build'em up with worn-out tools:
If you can make one heap of all your winnings;
    And risk it on one turn of pitch-and-toss,
And lose, and start again at your beginnings
    And never breathe a word about your loss;
If you can force your heart and nerve and sinew
    To serve your turn long after they after are gone,
And so hold on when there is nothing in you
    Except the Will which says to them: "Hold on!"
If you can talk with crowds and keep your virtue,
    Or walk with Kings--nor lose the common touch,
If neither foes nor loving friends can hurt you,
    If all men count with you, but none too much;
If you can fill the unforgiving minute
    With sixty seconds' worth of distance run,
Yours is the Earth and everything that's in it,
    And--which is more--you'll be a Man, my son!

The third element is from the Bible. It comes from the Book of St. Matthew, Chapter 5 which is one of my favorite parts of the Bible, the Sermon on the Mount. "Let your light so shine before men that they may see your good works, and glorify your Father which is in heaven." So taken together these three pillars of my philosophy mean work hard for other people but give the credit to the good Lord. These pillars have given me sustenance in my years of public service and I commend them to you.

Rep. HEYWARD G. HUTSON

Rep. SANDI WOFFORD made a statement relative to her service in the House of Representatives.

Rep. SPEARMAN presented to the House the Palmetto Girl State Constitutional officers and staff members.

The following was received.
Columbia, S.C., June 13, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 938:
S. 938 -- Senator Short: A BILL TO PROVIDE THAT THE MEMBERS OF THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES MUST BE ELECTED IN NONPARTISAN ELECTIONS HELD AT THE SAME TIME AS THE GENERAL ELECTION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., June 13, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has granted Free Conference Powers and appointed Senators Martin, Leventis and Lander of the Committee of Free Conference on the part of the Senate on H. 3446:
H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.
Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., June 13, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification:
H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.
Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., June 13, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 496, H. 5028 by a vote of 44 to 0.
(R496) H. 5028 -- Reps. Neilson, Baxley and J. Hines: AN ACT TO PROVIDE FOR A REFERENDUM FOR THE CREATION OF THE J.C. DANIEL CENTER DISTRICT IN DARLINGTON COUNTY TO DETERMINE IF THE ELECTORS VOTING IN THE REFERENDUM FAVOR A TWO MILL TAX LEVY TO BE USED EXCLUSIVELY FOR THE RENOVATION AND OPERATION OF THE CENTER, AND PROVIDE THAT THE MILLAGE MUST BE REMOVED AFTER A TEN-YEAR PERIOD.
Very respectfully,
President

Received as information.

The Senate returned to the House with amendments the following:

H. 4472 -- Reps. Klauber, Hallman, Seithel, H. Brown, Sandifer, Cain, Kirsh, Richardson, R. Smith, Bailey, Fulmer, Wofford, Young-Brickell, Dantzler, Koon, Wilkins, J. Young, Cato, Limbaugh, Carnell, J. Harris, Wells, Allison, Spearman, Waldrop and Phillips: A BILL TO AMEND TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTIONS AND PRISONERS, BY ADDING CHAPTER 27 SO AS TO REQUIRE SPECIFIED PAYMENTS OF FILING FEES AND COURT COSTS REGARDING INMATE LITIGATION, TO PROVIDE FOR THE LOSS OF EARNED WORK, EDUCATION, AND GOOD-TIME CREDITS BY A PRISONER IF THE COURT FINDS HE ENGAGED IN CERTAIN IMPROPER ACTIONS REGARDING LEGAL OR ADMINISTRATIVE PROCEEDINGS, AND TO PREVENT A PRISONER FROM BRINGING CERTAIN CIVIL ACTIONS OR APPEALS IF HE HAS BEEN FOUND ON THREE OR MORE PRIOR OCCASIONS OF HAVING INSTITUTED FRIVOLOUS LITIGATION.

Rep. LIMBAUGH explained the Senate amendments.

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

The following was received.
Columbia, S.C., June 13, 1996
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 1:00 P.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. HASKINS the invitation was accepted.

The following was received.
Columbia, S.C., June 13, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 1101:
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.
Very respectfully,
President

The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

The following was received.
Columbia, S.C., June 13, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senator Jackson as a replacement for Senator Stilwell of the Committee of Conference on the part of the Senate on H. 3515:
H. 3515 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 2-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE ADVANCE SHEETS OF STATUTES, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE ADVANCE SHEETS MUST BE DISTRIBUTED; AND TO AMEND SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF SETS OF THE CODE OF LAWS OF SOUTH CAROLINA, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE SETS MUST BE DISTRIBUTED.
Very respectfully,
President

Received as information.

The SPEAKER appointed Rep. YOUNG-BRICKELL to replace Rep. KLAUBER on the Conference Committee on H. 3515.

At 1:00 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.

(R497) S. 95 -- Senators McConnell, Courson, Rose, Gregory and O'Dell: AN ACT TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF ROBBERY AND ATTEMPTED ROBBERY WHILE ARMED WITH A DEADLY WEAPON, SO AS TO INCLUDE ALLEGING BEING ARMED AND REASONABLY BELIEVING THE PERSON TO BE ARMED AND TO DELETE PROVISIONS RELATING TO THE SENTENCING OF A YOUTHFUL OFFENDER GUILTY OF THESE CRIMES; TO AMEND SECTIONS 20-7-2170 AND 20-7-2195, BOTH AS AMENDED, BOTH RELATING TO THE TRANSFER OF JUVENILES TO THE YOUTHFUL OFFENDER DIVISION, SO AS TO PROVIDE THAT THE BOARD OF JUVENILE PAROLE RATHER THAN THE DEPARTMENT OF CORRECTIONS HAS AUTHORITY FOR RELEASE OF SUCH JUVENILES; TO AMEND SECTION 24-19-10, AS AMENDED, RELATING TO DEFINITIONS UNDER THE YOUTHFUL OFFENDER ACT, SO AS TO REVISE THE DEFINITION OF "YOUTHFUL OFFENDER" TO EXCLUDE PERSONS COMMITTING VIOLENT CRIMES AND CLASS A, B, C, AND D FELONIES; TO AMEND SECTION 24-19-50, RELATING TO DISPOSITIONAL POWERS OF THE COURT UPON CONVICTION OF A YOUTHFUL OFFENDER, SO AS TO CLARIFY THAT A PERSON ONLY MAY BE SENTENCED ONCE AS A YOUTHFUL OFFENDER; AND TO REPEAL SECTION 24-13-610 RELATING TO THE EXTENDED WORK RELEASE PROGRAM, SECTION 24-13-620 RELATING TO REQUIREMENTS TO PARTICIPATE IN THE EXTENDED WORK RELEASE PROGRAM, AND SECTION 24-13-630 RELATING TO DUTIES OF THE DEPARTMENT OF CORRECTIONS REGARDING THE EXTENDED WORK RELEASE PROGRAM.

(R498) S. 506 -- Senator Saleeby: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-415 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT UPON THE SUBMISSION OF DOCUMENTATION TO THE WORKERS' COMPENSATION COMMISSION THAT A CONTRACTOR OR SUBCONTRACTOR HAS REPRESENTED HIMSELF TO A HIGHER TIER SUBCONTRACTOR, CONTRACTOR, OR PROJECT OWNER AS HAVING WORKERS' COMPENSATION INSURANCE AT THE TIME THE CONTRACTOR OR SUBCONTRACTOR WAS ENGAGED TO PERFORM WORK, ONLY THE CONTRACTOR OR SUBCONTRACTOR WHO REPRESENTED HIMSELF AS HAVING WORKERS' COMPENSATION INSURANCE MAY BE CONSIDERED A STATUTORY EMPLOYER FOR CLAIMS FILED BY HIS EMPLOYEES UNDER THE WORKERS' COMPENSATION LAW, AND TO PROVIDE FOR THE IMPOSITION OF THE PENALTIES FOR FRAUD UNDER CERTAIN CIRCUMSTANCES.

(R499) S. 556 -- Senator Russell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE SOUTH CAROLINA SENATE OR HOUSE OF REPRESENTATIVES, AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VI RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW OR A VIOLATION OF CERTAIN ELECTION LAWS, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES, AND PROVIDE THAT THIS PROHIBITION DOES NOT APPLY TO A PERSON WHO HAS BEEN PARDONED UNDER STATE OR FEDERAL LAW OR TO A PERSON WHO FILES FOR PUBLIC OFFICE FIFTEEN YEARS OR MORE AFTER THE COMPLETION DATE OF SERVICE OF THE SENTENCE, INCLUDING PROBATION AND PAROLE TIME, NOR SHALL ANY PERSON SERVING IN OFFICE PRIOR TO THE RATIFICATION OF THESE AMENDMENTS BE REQUIRED TO VACATE THE OFFICE TO WHICH HE IS ELECTED; AND PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO AUTHORIZE A PERSON WHO ATTAINS THE AGE OF EIGHTEEN BY THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER TO BE AN ELECTOR FOR THE CALENDAR YEAR IN WHICH THE PERSON HAS ATTAINED THE AGE OF EIGHTEEN.

(R500) S. 938 -- Senator Short: AN ACT TO PROVIDE THAT THE MEMBERS OF THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES MUST BE ELECTED IN NONPARTISAN ELECTIONS TO BE HELD AT THE SAME TIME AS THE GENERAL ELECTION, TO PROVIDE FOR THE APPLICABILITY OF THE NONPARTISAN ELECTION PROVISIONS TO SPECIFIC SEATS IN SPECIFIC YEARS, AND TO PROVIDE FOR CERTAIN ELECTION PROCEDURES IN REGARD TO THE CONDUCT OF THESE ELECTIONS.

(R501) S. 1028 -- Senators Hayes, Short and Peeler: AN ACT TO AMEND SECTION 5-15-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF AUTHORITY TO CONDUCT A MUNICIPAL ELECTION FROM A MUNICIPAL ELECTION COMMISSION TO A COUNTY ELECTION COMMISSION, SO AS TO PROVIDE FOR THE ABOLISHMENT OF A MUNICIPAL ELECTION COMMISSION WHEN THE TOTAL RESPONSIBILITY FOR THE CONDUCT OF A MUNICIPAL ELECTION IS TRANSFERRED TO A COUNTY ELECTION COMMISSION, PROHIBIT A MUNICIPALITY WHICH TRANSFERS A PORTION OF THE RESPONSIBILITIES FOR THE CONDUCT OF A MUNICIPAL ELECTION FROM ABOLISHING THE MUNICIPAL ELECTION COMMISSION; AND TO AMEND SECTION 5-7-140, RELATING TO THE EXTENSION OF POLICE JURISDICTION AND AUTHORITY OF A MUNICIPALITY BORDERING ON THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN OR CERTAIN OTHER BODIES OF WATER TO THE AREA LYING BETWEEN THE HIGH-TIDE LINE AND THE LOW TIDE LINE, SO AS TO EXTEND THE CORPORATE LIMITS OF THESE MUNICIPALITIES TO INCLUDE ALL THAT AREA LYING BETWEEN THE HIGH-TIDE LINE AND ONE MILE SEAWARD OF THE HIGH-TIDE LINE, AND IF THE MUNICIPALITY BORDERS ON THE HIGH WATER MARK OF A NAVIGABLE BODY OF WATER OTHER THAN THE ATLANTIC OCEAN, TO EXTEND ITS LIMITS TO INCLUDE ALL THAT AREA LYING BETWEEN THE HIGH WATER MARK AND THE LOW WATER MARK, TO MAKE THESE AREAS SUBJECT TO ALL ORDINANCES AND REGULATIONS THAT MAY BE APPLICABLE TO AREAS LYING WITHIN THE CORPORATE LIMITS OF THE MUNICIPALITY, AND TO GIVE MUNICIPAL COURTS JURISDICTION TO PUNISH INDIVIDUALS VIOLATING MUNICIPAL ORDINANCES WHERE THE MISDEMEANORS OCCURRED IN THE AREA DEFINED IN THIS SECTION.

(R502) S. 1037 -- Senators Leventis and Washington: AN ACT TO AMEND SECTION 16-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ENTICING AN ENROLLED CHILD FROM ATTENDANCE IN PUBLIC SCHOOLS, SO AS TO CREATE A FIRST OFFENSE VIOLATION OF A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT LESS THAN THIRTY DAYS, OR BOTH, AND A SECOND OR SUBSEQUENT OFFENSE VIOLATION OF NOT LESS THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT LESS THAN TWO YEARS, OR BOTH.

(R503) S. 1286 -- Judiciary Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2725 SO AS TO PROHIBIT DAY CARE CENTERS OR HOMES FROM EMPLOYING PERSONS CONVICTED OF CERTAIN CRIMES OR PERSONS WHO ARE REQUIRED TO REGISTER UNDER THE SEX OFFENDER REGISTRY ACT, TO PROVIDE THAT A PERSON WHO HAS BEEN CONVICTED OF THESE DISQUALIFYING CRIMES WHO APPLIES FOR EMPLOYMENT WITH OR IS EMPLOYED BY SUCH A DAY CARE CENTER IS GUILTY OF A MISDEMEANOR AND PROVIDE PENALTIES FOR VIOLATION, TO REQUIRE EMPLOYMENT APPLICATIONS AT THESE DAY CARE CENTERS TO INCLUDE A STATEMENT NOTIFYING AN APPLICANT OF THIS CRIMINAL OFFENSE, TO REQUIRE FINGERPRINT REVIEWS FOR EMPLOYEES AND CAREGIVERS AT THESE DAY CARE CENTERS, TO ALLOW TEMPORARY OR PROVISIONAL EMPLOYMENT PENDING THE COMPLETION OF THE FINGERPRINT REVIEW IN CERTAIN CIRCUMSTANCES, TO WAIVE FINGERPRINT REVIEWS FOR CERTAIN PERSONS, AND TO PROVIDE FOR THE APPLICABILITY OF THIS SECTION IN REGARD TO EMPLOYEES AT THESE DAY CARE CENTERS; TO ADD SECTION 20-7-3092 SO AS TO PROVIDE THAT FINGERPRINT REVIEWS ARE NOT REQUIRED OF CERTAIN CERTIFIED EDUCATION PERSONNEL AND LICENSED FOSTER PARENTS; TO AMEND SECTION 17-22-90, RELATING TO AGREEMENTS REQUIRED OF OFFENDERS IN PRETRIAL INTERVENTION PROGRAMS, SO AS TO PROVIDE THAT IF THE OFFENSE IS COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT UPON A CHILD UNDER SIXTEEN YEARS OF AGE, THE OFFENDER IN HIS AGREEMENT WITH THE SOLICITOR'S OFFICE SHALL AGREE TO ALLOW INFORMATION ABOUT THE OFFENSE TO BE MADE AVAILABLE TO DAY CARE CENTERS AND OTHER FACILITIES PROVIDING CARE TO CHILDREN; TO AMEND SECTION 20-7-2700, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO CHILD DAY CARE FACILITIES, SO AS TO REVISE CERTAIN EXCEPTIONS AS TO WHAT IS NOT CONSIDERED A CHILD DAY CARE FACILITY; TO AMEND SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, 20-7-2860, AND 20-7-2900, ALL AS AMENDED, RELATING TO DAY CARE FACILITY LICENSING, APPROVAL, REGISTRATIONS, AND RENEWALS, SO AS TO REVISE THE CRIMINAL OFFENSES WHICH PRECLUDE A PERSON FROM OBTAINING A LICENSE, APPROVAL, REGISTRATION, OR RENEWAL, TO FURTHER PROVIDE FOR WHEN FINGERPRINT REVIEWS ARE REQUIRED, TO FURTHER PROVIDE FOR CERTAIN EMPLOYMENT CONDITIONS AT THESE FACILITIES, AND TO FURTHER PROVIDE FOR THE LICENSING AND APPROVAL PROCESS REGARDING THESE FACILITIES; TO AMEND SECTION 20-7-2905, RELATING TO FEES FOR CRIMINAL HISTORY REVIEWS, SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION MAY NOT IMPOSE A FEE GREATER THAN THAT OF THE FEDERAL BUREAU OF INVESTIGATION FOR CONDUCTING SUCH REVIEWS; TO AMEND SECTION 20-7-3097, RELATING TO FINGERPRINT REVIEWS OF EMPLOYEES OF THE DEPARTMENT OF SOCIAL SERVICES IN ITS DAY CARE LICENSING OR CHILD PROTECTIVE SERVICES DIVISION, SO AS TO REVISE THE LIST OF CRIMES WHICH PRECLUDE THE EMPLOYMENT OF SUCH PERSONS, PERMIT THE PROVISIONAL EMPLOYMENT OF THESE EMPLOYEES UNDER CERTAIN CONDITIONS, AND TO MAKE IT UNLAWFUL FOR A PERSON WHO HAS BEEN CONVICTED OF ONE OF THE DISQUALIFYING CRIMES REFERENCED ABOVE TO APPLY FOR SUCH EMPLOYMENT, TO PROVIDE FOR CERTAIN PERSONS WHO ARE NOT REQUIRED TO UNDERGO A STATE FINGERPRINT REVIEW, TO PROVIDE THAT PARTICIPATION IN THE STATE EMPLOYEE ADOPTION ASSISTANCE PROGRAM IS EXTENDED TO LOCAL LAW ENFORCEMENT OFFICERS; AND TO AMEND ARTICLE 7, CHAPTER 3 OF TITLE 23, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO FURTHER PROVIDE FOR THE ADMINISTRATION OF THE REGISTRY BY THE STATE LAW ENFORCEMENT DIVISION, FOR THE CRIMES AND OTHER CIRCUMSTANCES FOR WHICH REGISTRATION IS REQUIRED, AND FOR THE PERSONS TO WHOM THESE PROVISIONS APPLY, TO FURTHER PROVIDE FOR THE CONDITIONS OF AND PROCEDURES FOR REGISTRATION, TO REVISE THE PENALTIES FOR FAILURE TO REGISTER, TO MAKE IT UNLAWFUL TO KNOWINGLY GIVE FALSE INFORMATION WHEN REGISTERING AND PROVIDE PENALTIES FOR VIOLATION, TO PROVIDE FOR EXCEPTIONS AND MODIFICATIONS TO THE REGISTRATION REQUIREMENTS, AND TO PROVIDE FOR THE MANNER IN WHICH INFORMATION IN THE REGISTRY IS OPEN TO THE PUBLIC AND MAY BE DISCLOSED.

(R504) S. 1375 -- Senator Matthews: AN ACT TO PROVIDE THAT ORANGEBURG COUNTY ON JULY 1, 1997, SHALL CONSIST OF THREE CONSOLIDATED SCHOOL DISTRICTS, EACH TO BE COMPOSED OF CERTAIN OF THE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY WITH THESE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY BEING ABOLISHED ON JULY 1, 1997; TO PROVIDE THAT EACH CONSOLIDATED SCHOOL DISTRICT SHALL BE GOVERNED BY A BOARD OF TRUSTEES WHO SHALL BE ELECTED IN NONPARTISAN ELECTIONS ON SPECIFIED DATES; TO PROVIDE FOR THE COMPOSITION AND MANNER OF ELECTION OF EACH CONSOLIDATED BOARD; TO ESTABLISH AN ORANGEBURG COUNTY BOARD OF EDUCATION ON JULY 1, 1997, TO BE COMPOSED OF SEVEN MEMBERS ELECTED IN NONPARTISAN ELECTIONS IN THE MANNER SPECIFIED; TO PROVIDE FOR THE POWERS AND DUTIES OF THE COUNTY BOARD AND THE CONSOLIDATED BOARDS; TO PROVIDE FOR THE MANNER IN WHICH SCHOOL BUDGETS MUST BE PREPARED AND SCHOOL TAX MILLAGE DETERMINED AND LEVIED INCLUDING AN IMPOSITION OF COUNTYWIDE SCHOOL MILLAGE LEVIES TO BE DISTRIBUTED BASED ON SPECIFIED FORMULAS, TO PROVIDE PROCEDURES FOR THE REVISIONS OF THESE FORMULAS AND FOR A DELAY IN IMPLEMENTATION UNDER CERTAIN CONDITIONS; TO PROVIDE FOR THE TRANSFER OF THE ASSETS AND LIABILITIES OF THE EIGHT PRESENT SCHOOL DISTRICTS TO THE RESPECTIVE CONSOLIDATED DISTRICTS OF WHICH THEY ARE A PART WITH CERTAIN EXCEPTIONS; TO PROVIDE FOR THE MANNER IN WHICH THE CONSTITUTIONAL DEBT LIMITATION OF THE CONSOLIDATED SCHOOL DISTRICTS FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS SHALL BE DETERMINED; AND TO PROVIDE FOR THE REALIZATION OF CERTAIN ADMINISTRATIVE COST SAVINGS BY JULY 1, 2000.

(R505) H. 3116 -- Reps. Cato and Meacham: AN ACT TO AMEND SECTION 50-21-850, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT PERSONS WATERSKIING, SURFBOARDING, OR RIDING SIMILAR OBJECTS MUST WEAR A SKI BELT OR LIFE PRESERVER, SO AS TO PROVIDE THAT PERSONS WATERSKIING OR RIDING ANY OBJECT BEING TOWED BY A MOTORIZED WATERCRAFT MUST WEAR CERTAIN APPROVED PERSONAL FLOTATION DEVICES, AND TO PROVIDE FOR PERSONS EXEMPT FROM THE ABOVE PROVISIONS; TO AMEND SECTION 50-21-860, AS AMENDED, RELATING TO RESTRICTIONS ON THE USE OF AIRBOATS, SO AS TO PROVIDE FOR SPECIFIED AREAS WHERE IT IS UNLAWFUL TO OPERATE AIRBOATS DURING CERTAIN HOURS; AND TO AMEND SECTION 5-7-140, RELATING TO AREAS WHERE THE POLICE JURISDICTION AND SANITATION AUTHORITY OF MUNICIPALITIES BORDERING ON THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN OR THE HIGH-WATER MARK OF ANY OTHER NAVIGABLE BODY OF WATER IS EXTENDED, SO AS TO PROVIDE THAT THE CORPORATE LIMITS OF SUCH MUNICIPALITIES ARE EXTENDED OVER SPECIFIED AREAS BORDERING THE ATLANTIC OCEAN OR THESE BODIES OF WATER, AND TO PROVIDE THAT THESE MUNICIPALITIES HAVE JURISDICTION TO PUNISH INDIVIDUALS VIOLATING MUNICIPAL ORDINANCES IN SUCH AREAS.

(R506) H. 3201 -- Rep. Simrill: AN ACT TO AMEND SECTION 44-95-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES IN WHICH SMOKING IS PROHIBITED UNDER THE CLEAN INDOOR AIR ACT OF 1990, SO AS TO REVISE THE AREAS IN WHICH A PERSON MAY SMOKE IN PUBLIC SCHOOLS AND PROVIDE THAT LOCAL SCHOOL BOARDS MAY MAKE SCHOOL DISTRICT FACILITIES SMOKE FREE; BY ADDING SECTIONS 16-17-501, 16-17-502, 16-17-503, AND 16-17-504 SO AS TO PROVIDE DEFINITIONS RELATING TO THE DISTRIBUTION OF TOBACCO PRODUCTS, TO MAKE IT UNLAWFUL TO DISTRIBUTE A TOBACCO SAMPLE TO A MINOR, TO PROVIDE A PROCEDURE TO ENFORCE THE PROVISION MAKING IT ILLEGAL TO DISTRIBUTE A TOBACCO PRODUCT SAMPLE TO A MINOR, TO AMEND SECTION 16-17-500, RELATING TO SUPPLYING MINORS WITH TOBACCO OR CIGARETTES, SO AS TO REVISE THE PENALTIES.

(R507) H. 3228 -- Reps. Neilson, Cain, McMahand, Littlejohn, Meacham, Hallman, Rice, L. Whipper, White, Simrill, Jaskwhich, Elliott, Whatley, Herdklotz, Easterday, Haskins, Seithel, Davenport and Limehouse: AN ACT TO AMEND SECTION 20-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUAL RIGHTS OF PARENTS, SO AS TO PROVIDE THAT BOTH CUSTODIAL AND NONCUSTODIAL PARENTS HAVE THE RIGHT TO PARTICIPATE IN THEIR CHILDREN'S SCHOOL ACTIVITIES UNLESS PROHIBITED BY COURT ORDER.

(R508) H. 3273 -- Rep. Townsend: AN ACT TO AMEND SECTIONS 56-3-3310 AND 56-3-3320, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART, SO AS TO REVISE THE BIENNIAL FEE FOR THE LICENSE PLATE AND TO PROVIDE THAT THE PLATE MUST BE PERMANENT; BY ADDING SECTION 56-3-7610 SO AS TO PROVIDE SQUARE DANCE COMMEMORATIVE LICENSE PLATES; TO AMEND SECTION 56-3-1820, AS AMENDED, RELATING TO NATIONAL GUARD LICENSE PLATES, SO AS TO REVISE THE BIENNIAL FEE; AND BY ADDING SECTION 56-3-7100 SO AS TO PROVIDE FOR SHRINERS LICENSE PLATES.

(R509) H. 3285 -- Reps. Neilson, Lloyd, G. Brown, Hines, L. Whipper, Breeland, J. Young, Canty, Rice, Felder, Chamblee, Gamble, Keyserling, Robinson, Herdklotz, Davenport, Mason, Thomas and Byrd: AN ACT TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER JOINT OR DIVIDED CUSTODY TO PROVIDE THAT THE COURT MAY NOT PROHIBIT A CUSTODIAL PARENT FROM MOVING HIS RESIDENCE TO A LOCATION WITHIN THE STATE UNLESS THE COURT FINDS A COMPELLING REASON OR UNLESS THE PARTIES AGREE.

(R510) H. 3314 -- Rep. Rogers: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-75 SO AS TO PROHIBIT A MEMBER OF A COUNTY OR MUNICIPAL ELECTION COMMISSION, VOTER, REGISTRATION BOARD, OR COMBINED ELECTION AND VOTER REGISTRATION COMMISSION FROM PARTICIPATING IN POLITICAL MANAGEMENT OR IN A POLITICAL CAMPAIGN DURING THE MEMBER'S TERM OF OFFICE, TO PROHIBIT A MEMBER OF THE COMMISSION OR BOARD FROM MAKING A CONTRIBUTION TO A CANDIDATE OR KNOWINGLY ATTEND A FUNDRAISER HELD FOR THE BENEFIT OF A CANDIDATE, AND TO PROVIDE THAT THE MEMBER MAY BE REMOVED FOR A VIOLATION OF THIS SECTION; AND TO AMEND SECTION 7-3-10, AS AMENDED, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO PROHIBIT A MEMBER OF THE COMMISSION FROM PARTICIPATING IN POLITICAL MANAGEMENT OR IN A POLITICAL CAMPAIGN DURING THE MEMBER'S TERM OF OFFICE, TO PROHIBIT A MEMBER OF THE COMMISSION FROM MAKING A CONTRIBUTION TO A CANDIDATE OR KNOWINGLY ATTEND A FUNDRAISER HELD FOR THE BENEFIT OF A CANDIDATE, AND TO PROVIDE THAT THE MEMBER MAY BE REMOVED FOR A VIOLATION OF THIS SECTION.

(R511) H. 3838 -- Labor, Commerce and Industry Committee: AN ACT TO AMEND SECTION 42-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES", SO AS TO REVISE THE DEFINITION; TO AMEND SECTION 42-1-160, RELATING TO THE DEFINITIONS OF "INJURY" AND "PERSONAL INJURY", SO AS TO REVISE THE DEFINITIONS; TO AMEND SECTIONS 42-1-310 AND 42-1-320, RELATING TO THE APPLICATION AND EFFECT OF WORKERS' COMPENSATION PROVISIONS, SO AS TO PROVIDE THAT AN EMPLOYER OR EMPLOYEE MAY NOT ELECT TO NOT BE BOUND BY CERTAIN WORKERS' COMPENSATION PROVISIONS AND THAT THE STATE, ITS POLITICAL SUBDIVISIONS, ITS EMPLOYEES AND THE EMPLOYEES OF ITS SUBDIVISIONS ARE SUBJECT TO THE WORKERS' COMPENSATION PROVISIONS; TO AMEND SECTION 42-1-460, RELATING TO CONTRACTS SUBJECT TO THE WORKERS' COMPENSATION PROVISIONS, SO AS TO REVISE THE CONDITIONS UPON WHICH A CONTRACT IS SUBJECT TO THESE PROVISIONS; TO AMEND SECTION 42-9-260, AS AMENDED, RELATING TO THE NOTICE AN EMPLOYER MUST PROVIDE THE WORKERS' COMPENSATION COMMISSION WHEN CERTAIN PAYMENTS HAVE BEGUN AND THE SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO PROVIDE FOR THE CONDITIONS UPON WHICH TEMPORARY DISABILITY PAYMENTS MAY BE GRANTED; TO AMEND SECTION 42-9-360, RELATING TO ASSIGNMENTS OF COMPENSATION, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR AN AUTHORIZED HEALTH CARE PROVIDER TO PURSUE COLLECTION PROCEDURES AGAINST A WORKERS' COMPENSATION CLAIMANT UNDER CERTAIN CIRCUMSTANCES, PROVIDE PENALTIES FOR PERSONS RECEIVING CERTAIN ILLEGAL PAYMENTS AND THE PROCEDURE IN WHICH A HEALTH CARE PROVIDER MUST BE PAID; TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO EMPLOYERS' RECORDS AND REPORTS OF INJURIES, SO AS TO REVISE THE RECORDKEEPING PROCEDURE; BY ADDING SECTION 38-73-515 SO AS TO PROVIDE THAT AN INSURER ISSUING WORKERS' COMPENSATION INSURANCE SHALL OFFER DEDUCTIBLES OPTIONAL TO THE POLICYHOLDER FOR CERTAIN BENEFITS PAYABLE; TO REPEAL SECTIONS 42-1-330, 42-1-340, 42-1-510, AND 42-1-530, RELATING TO THE WAIVER OF CERTAIN EXEMPTIONS, THE EFFECTIVE DATE OF AND MANNER OF GIVING NOTICE OF NONACCEPTANCE OR WAIVER DEFENSES THAT ARE NOT AVAILABLE TO AN EMPLOYER UNDER THE WORKERS' COMPENSATION PROVISIONS, AND DEFENSES THAT ARE NOT AVAILABLE TO AN EMPLOYER WHEN NEITHER HE NOR AN EMPLOYEE IS COVERED BY THE WORKERS' COMPENSATION PROVISIONS; AND TO AMEND SECTION 42-1-520, RELATING TO DEFENSES AVAILABLE TO AN EMPLOYER OPERATING UNDER THE WORKERS' COMPENSATION PROVISIONS WHEN AN EMPLOYEE IS NOT OPERATING UNDER THESE PROVISIONS, SO AS TO SUBSTITUTE "OFFICER OF A CORPORATION" FOR "EMPLOYEE".

(R512) H. 4012 -- Reps. Townsend, Trotter and Stille: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 71 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF A SPECIAL LICENSE PLATE FOR FOREST PRODUCT HAULERS; TO AMEND SECTION 56-3-120, RELATING TO EXEMPTIONS FROM REGISTERING AND LICENSING VEHICLES, SO AS TO EXEMPT CERTAIN KNUCKLEBOOM LOADERS FROM REGISTRATION AND LICENSING; TO AMEND SECTION 56-5-765, AS AMENDED, RELATING TO THE INVESTIGATION OF TRAFFIC COLLISIONS INVOLVING A MOTOR VEHICLE OF A LAW ENFORCEMENT AGENCY OR THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO REVISE THE TYPE OF COLLISIONS THAT MAY BE INVESTIGATED AND TO PROVIDE PENALTIES; TO AMEND SECTION 56-5-4090, AS AMENDED, RELATING TO THE LENGTH OF LOAD ON CERTAIN POLE TRAILERS AND CARRIERS, SO AS TO REVISE RESTRICTIONS TO THE HOURS CERTAIN VEHICLES CAN TRAVEL ON THE STATE'S HIGHWAYS; TO AMEND SECTION 56-5-4630, RELATING TO THE ATTACHMENT OF A LAMP OR FLAG ON LOADS EXTENDING CERTAIN LENGTHS BEYOND THE BED OR BODY OF A MOTOR VEHICLE, SO AS TO REVISE THE DIMENSIONS OF THE FLAG THAT MUST BE ATTACHED TO THE LOAD; TO AMEND SECTION 58-23-50, RELATING TO CERTAIN FORMS OF TRANSPORTATION THAT ARE EXEMPTED FROM PUBLIC SERVICE COMMISSION REGULATIONS, SO AS TO REVISE THE EXEMPTION OF TRANSPORTATION OF CERTAIN ITEMS FROM COMMISSION REGULATION; BY ADDING SECTION 56-3-7860 SO AS TO PROVIDE FOR SHRINERS LICENSE PLATES; TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO STUDY TOLLS ON FEDERAL HIGHWAYS; AND TO AMEND SECTION 56-3-1820, AS AMENDED, RELATING TO NATIONAL GUARD LICENSE PLATES, SO AS TO REVISE THE BIENNIAL FEE.

(R513) H. 4277 -- Reps. Walker, Baxley and Fleming: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-13-85 SO AS TO INCLUDE IN UNLAWFUL EMPLOYMENT PRACTICES THE CONDUCTING OF MEDICAL EXAMINATIONS AND INQUIRIES AND TO PROVIDE CONDITIONS UNDER WHICH THEY MAY BE CONDUCTED; TO AMEND SECTIONS 1-13-20, 1-13-30, AS AMENDED, 1-13-70, 1-13-80, AS AMENDED, 1-13-90, AND 1-13-100, RELATING TO THE STATE HUMAN AFFAIRS COMMISSION AND UNLAWFUL EMPLOYMENT PRACTICES AND THE PROHIBITION AGAINST DISCRIMINATION IN EMPLOYMENT BASED ON RACE, RELIGION, COLOR, SEX, NATIONAL ORIGIN, AND AGE, SO AS TO ALSO PROHIBIT DISCRIMINATION BASED ON DISABILITY AND TO DEFINE "DISABILITY" AND TO FURTHER PROVIDE HOW DISCRIMINATION BASED ON A DISABILITY IS AN UNLAWFUL EMPLOYMENT PRACTICE; TO AMEND SECTIONS 43-33-520, 43-33-530, 43-33-560, AND 43-33-570, ALL RELATING TO THE BILL OF RIGHTS FOR HANDICAPPED PERSONS, SO AS TO DELETE PROVISIONS RELATING TO EMPLOYMENT; TO REPEAL SECTION 43-33-550 RELATING TO THE JURISDICTION OF THE STATE HUMAN AFFAIRS COMMISSION OVER COMPLAINTS OF EMPLOYMENT DISCRIMINATION; TO REPEAL SECTION 43-33-580 RELATING TO THE EXEMPTION OF CONTRACTORS AND SUBCONTRACTORS FROM STATE DISCRIMINATION LAWS WHEN THEY ARE SUBJECT TO SUCH FEDERAL LAWS; TO ADD SECTION 58-9-2550 SO AS TO AUTHORIZE THE PUBLIC SERVICE COMMISSION TO ESTABLISH A DISTRIBUTION SYSTEM FOR TELECOMMUNICATIONS DEVICES FOR THE DEAF; TO AMEND SECTION 58-9-2510, RELATING TO DEFINITIONS REGARDING TELEPHONE SERVICE FOR HEARING AND SPEECH IMPAIRED PERSONS, SO AS TO ADD A DEFINITION FOR "DUAL SENSORY IMPAIRED PERSON" AND REVISE THE DEFINITION OF "TELECOMMUNICATIONS DEVICE"; TO AMEND SECTION 58-9-2520, RELATING TO STATEWIDE TELEPHONE ACCESS PROGRAMS FOR PERSONS SPEECH OR HEARING IMPAIRED, SO AS TO REVISE THE CONTENTS OF THE PROGRAM; TO AMEND SECTION 58-9-2530, RELATING TO CHANGES FOR A DUAL PARTY RELAY TELEPHONE SYSTEM, SO AS TO INCLUDE IN THIS FUNDING THE DISTRIBUTION SYSTEM FOR TELECOMMUNICATIONS DEVICES FOR THE DEAF; AND TO REAUTHORIZE THE SOUTH CAROLINA EDUCATIONAL TELEVISION COMMISSION UNTIL JULY 1, 2003.

(R514) H. 4338 -- Reps. Sharpe, Witherspoon, Riser and Seithel: AN ACT TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES, ON PRIVATE LAND, BETWEEN OCTOBER 11 AND JANUARY 1, MUST NOT ESTABLISH MORE THAN TWO CONSECUTIVE DAYS WHERE DEER MAY NOT BE HUNTED OR TAKEN WITH MODERN FIREARMS.

(R515) H. 4344 -- Reps. Jennings, Inabinett, Allison, Haskins, Harrison, Vaughn, Simrill, Herdklotz, Delleney, Kirsh, Richardson and McElveen: AN ACT TO AMEND SECTION 20-7-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF JUVENILE CASES, SO AS TO DELETE THE CAP ON THE AMOUNT OF RESTITUTION THAT A COURT MAY ORDER A JUVENILE TO PAY, TO PROVIDE THAT THIS AMOUNT IS IN THE COURT'S DISCRETION, AND TO PROVIDE FACTORS TO BE CONSIDERED IN ESTABLISHING THIS AMOUNT; AND TO AMEND SECTION 20-7-1335, RELATING TO DESTRUCTION OF RECORDS, SO AS TO CHANGE THE TERM "JUVENILE" TO "CHILD".

(R516) H. 4431 -- Reps. Townsend, P. Harris, Huff, H. Brown, Cooper and Stille: AN ACT TO AMEND SECTION 59-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF ALLOCATIONS TO SCHOOL DISTRICTS UNDER THE EDUCATION FINANCE ACT AND WEIGHTINGS TO ESTABLISH COST DIFFERENCES BETWEEN PROGRAMS, SO AS TO ADD PUPILS WITH AUTISM UNDER THE HANDICAPPED CLASSIFICATION; TO AMEND SECTION 59-21-510, RELATING TO DEFINITIONS IN REGARD TO THE EDUCATION OF PHYSICALLY AND MENTALLY HANDICAPPED CHILDREN, SO AS TO DEFINE "PUPILS WITH AUTISM"; TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL CONVENE A TASK FORCE TO REVIEW PROGRAMS TO SERVE STUDENTS WITH AUTISM AND TO RECOMMEND AN APPROPRIATE WEIGHT FOR THE EDUCATION FINANCE ACT; AND TO ADD SECTION 59-65-47 SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH PARENTS OR GUARDIANS MAY TEACH THEIR CHILDREN AT HOME.

(R517) H. 4443 -- Reps. Wright, Richardson, Cooper, Townsend, Allison, Littlejohn, Kelley and Jaskwhich: AN ACT TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 40 SO AS TO ENACT THE "SOUTH CAROLINA CHARTER SCHOOLS ACT OF 1996" WHICH PROVIDES FOR THE MANNER IN WHICH A CHARTER SCHOOL SHALL BE FORMED, FUNDED, REGULATED, AND GOVERNED.

(R518) H. 4469 -- Reps. Wilkins, Sharpe, Haskins, Cato, D. Smith, Townsend, J. Brown and Harrison: AN ACT TO ENACT THE "SOUTH CAROLINA EFFECTIVE DEATH PENALTY ACT OF 1996" INCLUDING PROVISIONS TO ADD SECTION 16-3-21, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE FOR VERBAL INSTRUCTIONS TO THE JURY CONCERNING DISCUSSION OF THE VERDICT IN ALL CASES IN WHICH A DEFENDANT IS SENTENCED TO DEATH; TO AMEND SECTION 17-25-380, RELATING TO NOTICES OF THE INTENT TO EXECUTE A DEATH SENTENCE, SO AS TO FURTHER PROVIDE FOR THESE NOTICE REQUIREMENTS; TO ADD SECTION 17-27-130 SO AS TO PROVIDE FOR CIRCUMSTANCES WHEN THE ATTORNEY-CLIENT PRIVILEGE IS DEEMED WAIVED IN POST-CONVICTION PROCEEDINGS OR COLLATERAL RELIEF PROCEDURES, AND TO PROVIDE FOR CERTAIN ACCESS OF NEW COUNSEL TO THE FILES OF PRIOR COUNSEL IN CASES OF DEFENDANTS SENTENCED TO DEATH; TO ADD SECTION 17-27-150 SO AS TO PROVIDE THE CONDITIONS UNDER WHICH A PARTY IN CAPITAL AND NONCAPITAL POST-CONVICTION RELIEF PROCEEDINGS IS ENTITLED TO INVOKE THE PROCESS OF DISCOVERY; AND TO ADD SECTION 17-27-160 SO AS TO PROVIDE FOR THE MANNER IN WHICH DEFENDANTS SENTENCED TO DEATH MUST FILE APPLICATIONS FOR POST-CONVICTION RELIEF, TO PROVIDE FOR THE ASSIGNMENT OF JUDGES TO HANDLE THESE APPLICATIONS, TO FURTHER PROVIDE FOR THE APPOINTMENT AND COMPENSATION OF COUNSEL IN THESE PROCEEDINGS, AND TO PROVIDE FOR OTHER PROCEDURAL MATTERS INCLUDING THE CERTAIN TIME LIMITATIONS IN THESE CAPITAL POST-CONVICTION RELIEF PROCEEDINGS.

(R519) H. 4557 -- Rep. Kirsh: AN ACT TO AMEND CHAPTER 21, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS LICENSE TAXES, BY ADDING ARTICLE 24 ENACTING THE BINGO TAX ACT OF 1996 SO AS TO REGULATE THE GAME OF BINGO AND PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO PROVIDE THAT ALL CURRENT BINGO LICENSES EXPIRE AFTER SEPTEMBER 30, 1997, TO SAVE PROCEEDINGS UNDERWAY ON OCTOBER 1, 1997, AND PROVIDE FOR THEIR DISPOSITION UNDER FORMER LAW; TO REPEAL ARTICLE 23, CHAPTER 21, TITLE 12, RELATING TO BINGO REGULATION; AND TO PROVIDE THAT THE BINGO TAX ACT OF 1996 TAKES EFFECT OCTOBER 1, 1997.

(R520) H. 4600 -- Ways and Means Committee: AN ACT GENERAL APPROPRIATION BILL--(ABBREVIATED TITLE)

(R521) H. 4602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.

(R522) H. 4614 -- Reps. Kelley, Easterday, Allison and Moody-Lawrence: AN ACT TO ENACT THE "CHILD PROTECTION REFORM ACT OF 1996" BY AMENDING SECTION 20-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL REPRESENTATION IN ABUSE AND NEGLECT PROCEEDINGS, SO AS TO CLARIFY A REFERENCE TO THE DEPARTMENT OF SOCIAL SERVICES; TO AMEND SUBARTICLE 1, ARTICLE 7, CHAPTER 7, TITLE 20, AS AMENDED, RELATING TO GENERAL PROVISIONS CONCERNING ABUSE AND NEGLECT, SO AS TO SET FORTH GUIDING PRINCIPLES AND POLICIES CONCERNING STATE INTERVENTION IN FAMILY LIFE AND CHILD WELFARE AND TO REVISE DEFINITIONS; TO AMEND SUBARTICLE 3, ARTICLE 7, CHAPTER 7, TITLE 20, AS AMENDED, RELATING TO THE IDENTIFICATION AND REPORTING OF CHILD ABUSE, SO AS TO EXPAND PERSONS REQUIRED TO REPORT, TO EXPAND MEDICAL EXAMINATIONS AND TESTS AUTHORIZED TO PROVIDE IMMUNITY TO EMPLOYEES OF THE DEPARTMENT OF SOCIAL SERVICES IN PERFORMING CHILD PROTECTIVE SERVICES IN GOOD FAITH; TO AMEND SECTION 20-7-610, AS AMENDED, RELATING TO EMERGENCY PROTECTIVE CUSTODY, SO AS TO REVISE THESE PROCEDURES AND TO INCLUDE EMERGENCY PHYSICAL CUSTODY; TO ADD SECTION 20-7-612 SO AS TO ESTABLISH PROCEDURES FOR LAW ENFORCEMENT TO ASSIST THE DEPARTMENT IN TAKING A CHILD INTO EMERGENCY CUSTODY; TO ADD SECTION 20-7-616 SO AS TO REQUIRE AN AGENCY HAVING SEX OFFENDER REGISTRIES TO RELEASE INFORMATION TO THE DEPARTMENT WHEN AN ALLEGEDLY ABUSED CHILD IS RESIDING IN AN OFFENDER'S HOME; TO ADD SECTION 20-7-618 SO AS TO AUTHORIZE A PHYSICIAN OR HOSPITAL TO DETAIN A CHILD IN EMERGENCY PHYSICAL CUSTODY; TO AMEND SUBARTICLE 7, ARTICLE 7, CHAPTER 7, TITLE 20, AS AMENDED, RELATING TO INTERVENTION BY CHILD WELFARE AGENCIES, SO AS TO AUTHORIZE DEVELOPMENT OF TEMPORARY CRISIS PLACEMENT HOMES, TO AUTHORIZE THE DEPARTMENT TO CONTRACT FOR THE DELIVERY OF PROTECTIVE SERVICES, TO REVISE INTERVENTION, INVESTIGATION, REPORTING, AND RECORDKEEPING AND RELEASING PROCEDURES; TO AMEND SECTION 20-7-736, AS AMENDED, RELATING TO REMOVAL PROCEEDINGS AND PROCEDURES, SO AS TO REVISE AND CLARIFY THESE PROCEEDINGS AND PROCEDURES AND TO ESTABLISH A PRESUMPTION THAT A NEWBORN IS ABUSED IF CERTAIN EVIDENCE OF SUBSTANCE ABUSE IS PRESENT; TO AMEND SECTION 20-7-738, AS AMENDED, RELATING TO PROCEDURES TO PROVIDE SERVICES IN NONREMOVAL CASES, SO AS TO REVISE THESE PROCEDURES; TO AMEND SECTION 20-7-762, AS AMENDED, RELATING TO COURT APPROVAL AND REVIEW OF TREATMENT PLANS, SO AS TO REQUIRE THE INCLUSION OF TREATMENT GOALS; TO AMEND SECTION 20-7-764, AS AMENDED, RELATING TO COURT APPROVAL OF PLACEMENT PLAN FOLLOWING REMOVAL, SO AS TO REVISE CONTENTS OF THE PLAN AND TO PROVIDE FOR AMENDMENT OF OBJECTIONS TO THE PLAN; TO ADD SECTION 20-7-765 SO AS TO SPECIFY TREATMENT PLAN CONDITIONS WHEN SUBSTANCE ABUSE IS INCLUDED IN GROUNDS FOR REMOVAL; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO COURT REVIEW OF CHILDREN REMOVED FROM THEIR HOMES, SO AS TO REQUIRE THE COURT TO REVIEW THE PERMANENCY PLAN AND TO REVISE THE STANDARDS AND CONTENT OF THE REVIEW; TO AMEND SUBARTICLE 3, ARTICLE 11, CHAPTER 7, TITLE 20, RELATING TO TERMINATION OF PARENTAL RIGHTS, SO AS TO REVISE WHO IS ENTITLED TO LEGAL REPRESENTATION AND TO CLARIFY THE DISPOSITIONAL POWERS OF THE COURT; TO ADD SECTION 20-7-2377 SO AS TO AUTHORIZE THE FOSTER CARE REVIEW BOARD TO PARTICIPATE IN JUDICIAL REVIEWS OF ABUSED AND NEGLECTED CHILDREN; TO AMEND SECTION 20-7-2379, AS AMENDED, RELATING TO THE FOSTER CARE REVIEW BOARD, SO AS TO DELETE OBSOLETE PROVISIONS AND INCLUDE THAT REGULATIONS SHALL INCLUDE PARTICIPATION IN JUDICIAL REVIEWS; TO AMEND SECTION 20-7-50, AS AMENDED, RELATING TO UNLAWFUL NEGLECT, SO AS TO REVISE THE STANDARD FOR UNLAWFUL NEGLECT; TO AMEND SECTION 20-7-70, RELATING TO CRUELTY TO CHILDREN, SO AS TO INCREASE THE PENALTY FROM ONE HUNDRED TO TWO HUNDRED DOLLARS AND TO DELETE OBSOLETE REFERENCES; TO ADD SECTION 20-7-95 SO AS TO ESTABLISH CRIMINAL IMMUNITY FOR PARENTS OF INCORRIGIBLE SEVENTEEN-YEAR-OLDS; TO AMEND SUBARTICLE 4, AS AMENDED, ARTICLE 3, CHAPTER 7, TITLE 20, RELATING TO THE GUARDIAN AD LITEM PROGRAM, SO AS TO ESTABLISH CRITERIA FOR THE DISCLOSURE OF INFORMATION AND TO REVISE INTERNAL REFERENCES; AND TO REPEAL SECTION 20-7-60, RELATING TO ILL-TREATING CHILDREN; TO REPEAL SECTION 20-7-80, RELATING TO ABANDONMENT OF CHILDREN; AND TO REPEAL SECTION 20-7-128, RELATING TO THE GUARDIAN AD LITEM PROGRAM ADVISORY BOARD.

(R523) H. 4627 -- Reps. Cato, J. Brown, H. Brown, Boan, Vaughn, Wright, Tripp and Lanford: AN ACT TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 SO AS TO REENACT THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS, PUBLIC ACCOUNTANTS, AND ACCOUNTING PRACTITIONERS PREVIOUSLY PROVIDED FOR IN CHAPTER 1 OF TITLE 40; TO AMEND TITLE 40, CHAPTER 1, AS AMENDED, RELATING TO THE LICENSURE AND REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS, PUBLIC ACCOUNTANTS, AND ACCOUNTING PRACTITIONERS SO AS TO DELETE ALL PROVISIONS AND TO PROVIDE, AMONG OTHER THINGS, FOR THE POWERS AND DUTIES COMMON TO ALL OCCUPATIONAL AND PROFESSIONAL LICENSING BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO REPEAL CHAPTER 73, TITLE 40, RELATING TO PROFESSIONS AND OCCUPATIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.

(R524) H. 4717 -- Reps. Sharpe and Rice: AN ACT TO AMEND SECTION 44-96-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS USED FOR GRANTING PERMITS TO PERSONS TO OPERATE A SOLID WASTE MANAGEMENT FACILITY, SO AS TO ALLOW THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE PERMITS FOR SHORT-TERM STRUCTURAL FILLS AND TO DEFINE TERMS.

(R525) H. 4755 -- Labor, Commerce and Industry Committee: AN ACT 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 AND DELETE CERTAIN LANGUAGE AND PROVISIONS; TO AMEND SECTION 42-1-130, RELATING TO THE DEFINITION OF "EMPLOYEE" UNDER THE WORKERS' COMPENSATION LAW, SO AS TO INSERT AN INTERNAL REFERENCE TO TITLE 32 OF THE UNITED STATES CODE; TO AMEND SECTION 42-7-67, AS AMENDED, RELATING TO THE STATE ACCIDENT FUND AND BENEFITS FOR STATE AND NATIONAL GUARD MEMBERS, SO AS TO DELETE PROVISIONS REGARDING, AMONG OTHER THINGS, THE REDUCTION OF WORKERS' COMPENSATION BENEFITS FOR THE PURPOSE OF COORDINATING BENEFITS PAYABLE BY THE FEDERAL AND STATE GOVERNMENTS FOR THE DEATH OR INJURY OF A MEMBER OF THE SOUTH CAROLINA NATIONAL GUARD; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.

(R526) H. 4782 -- Rep. Easterday: AN ACT TO AMEND SECTION 37-5-203, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, DEBTORS' REMEDIES, AND CIVIL LIABILITY FOR VIOLATION OF DISCLOSURE PROVISIONS, SO AS TO PROVIDE THAT NOTHING IN CERTAIN PROVISIONS OF THIS SECTION SHALL BE CONSTRUED TO IMPOSE CIVIL LIABILITY OR PENALTIES ON AN ARRANGER OF CREDIT WHEN DISCLOSURE CONSTITUTING A VIOLATION OF THE FEDERAL TRUTH IN LENDING ACT IS ACTUALLY COMMITTED BY ANOTHER PERSON AND THE ARRANGER OF THE CREDIT HAS NO KNOWLEDGE OF THE VIOLATION WHEN IT OCCURRED, AND TO REQUIRE THE CREDITOR TO PROVIDE A COPY OF THE FINAL CLOSING DOCUMENTS TO THE ARRANGER OF CREDIT; TO AMEND SECTION 40-58-20, AS AMENDED, RELATING TO DEFINITIONS UNDER THE LAW REGARDING REGISTRATION OF MORTGAGE LOAN BROKERS, SO AS TO ENACT DEFINITIONS FOR "REGULAR BUSINESS HOURS", AND "SATELLITE OFFICE"; TO AMEND SECTION 40-58-65, RELATING TO MAINTAINING, AVAILABILITY, AND EXAMINATION OF RECORDS FOR THE REGULATION OF MORTGAGE LOAN BROKERS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A REGISTERED MORTGAGE LOAN BROKER WITH AN OFFICIAL PLACE OF BUSINESS WITHIN SOUTH CAROLINA ALSO MAY MAINTAIN ONE OR MORE SATELLITE OFFICES; TO AMEND SECTION 40-58-110, AS AMENDED, RELATING TO REGISTRATION OF MORTGAGE LOAN BROKERS, FIRST TIME REGISTRANTS' PROCESSING FEE, ANNUAL RENEWAL OF REGISTRATION, RENEWAL FEE, FAILURE TO RENEW RESULTS IN CANCELLATION, AND LATE PENALTY, SO AS TO PROVIDE THAT A REGISTRANT SHALL PAY AN INITIAL FEE OF ONE HUNDRED FIFTY DOLLARS AND, THEREAFTER, A RENEWAL FEE OF ONE HUNDRED FIFTY DOLLARS FOR EACH SATELLITE LOCATION, TO PROVIDE THAT THE BROKER SHALL GIVE NOTICE IN WRITING TEN DAYS BEFORE OPENING A NEW OFFICIAL BRANCH OR SATELLITE LOCATION, AND TO PROVIDE THAT NO INITIAL FEE IS REQUIRED WHEN THE REGISTRANT GIVES NOTICE OF A CHANGE OF ADDRESS FOR AN OFFICIAL BRANCH OR SATELLITE LOCATION; TO AMEND SECTION 29-3-680, RELATING TO MORTGAGES AND DEEDS OF TRUST, FORECLOSURE, AND APPLICATION FOR ORDER OF APPRAISAL, SO AS TO PROVIDE 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 STATEMENT DURING THE TRANSACTION, TO PROVIDE THAT THIS WAIVER MAY BE IN ANY DOCUMENT RELATING TO THE TRANSACTION, AND TO PROVIDE THAT THE REQUIRED LANGUAGE MUST BE ON A PAGE CONTAINING THE SIGNATURE OF THE PERSON MAKING THE WAIVER AND THE CAPITALIZED SENTENCE MUST BE UNDERLINED, IN CAPITAL LETTERS, OR DISCLOSED IN ANOTHER PROMINENT MANNER; AND TO AMEND SECTION 29-3-700, RELATING TO MORTGAGES AND DEEDS OF TRUST, FORECLOSURE, AND ORDER FOR APPRAISAL, SO AS TO DELETE THE PROVISION REQUIRING PROPERTY TO BE APPRAISED BY THREE DISINTERESTED FREEHOLDERS OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED, AND TO PROVIDE INSTEAD FOR APPRAISAL BY THREE DISINTERESTED INDIVIDUALS WHO MUST BE STATE-CERTIFIED GENERAL REAL ESTATE APPRAISERS, STATE-CERTIFIED RESIDENTIAL REAL ESTATE APPRAISERS, OR STATE-LICENSED REAL ESTATE APPRAISERS.

(R527) H. 4789 -- Rep. Harrison: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-949 SO AS TO REQUIRE AN APPLICANT FOR A BUSINESS, OCCUPATIONAL, PROFESSIONAL, HUNTING, FISHING, OR DRIVER'S LICENSE OR WATERCRAFT REGISTRATION OR FOR RENEWAL OF A LICENSE OR REGISTRATION TO SUBMIT THE APPLICANT'S SOCIAL SECURITY NUMBER TO THE LICENSING ENTITY; TO AMEND SUBARTICLE 5, ARTICLE 9, CHAPTER 7, TITLE 20, AS AMENDED, RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, SO AS TO DEFINE "TRIBUNAL" AS NOT ONLY THE FAMILY COURTS OF THIS STATE BUT ALSO THE SUPPORT ENFORCEMENT AGENCY WHICH HAS CONCURRENT JURISDICTION REGARDING CHILD SUPPORT CASES UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND TO CHANGE REFERENCES FROM "FAMILY COURT" TO "TRIBUNAL"; TO AMEND SECTIONS 20-7-9505, 20-7-9510, 20-7-9515, 20-7-9520, 20-7-9525, 20-7-9530, 20-7-9540, 20-7-9545, AND 20-7-9560, ALL RELATING TO THE ADMINISTRATIVE PROCESS FOR ESTABLISHING AND ENFORCING PATERNITY AND CHILD SUPPORT, SO AS TO CLARIFY THAT THE "DIRECTOR" OF THE CHILD SUPPORT ENFORCEMENT DIVISION INCLUDES THE DIRECTOR'S DESIGNEES, TO CLARIFY THE NAME OF THE ADMINISTERING AGENCY, TO REVISE AND DELETE OBSOLETE TERMS, TO CLARIFY IN WHICH COUNTY VARIOUS DOCUMENTS MUST BE FILED, AND TO REVISE PROCEDURAL TIME FRAMES; TO AMEND SECTION 43-5-585, RELATING TO THE REPORTING OF CHILD SUPPORT ARREARAGES TO CONSUMER CREDIT REPORTING AGENCIES, SO AS TO PROVIDE THAT INFORMATION MUST BE PROVIDED ON PERSONS WHO ARE IN ARREARS IN AN AMOUNT EQUAL TO TWO MONTHS' SUPPORT OBLIGATION RATHER THAN ON PERSONS WHO HAVE NOT MADE A PAYMENT FOR TWO CONSECUTIVE MONTHS; TO AMEND SECTION 43-5-1125, RELATING TO SANCTIONS FOR FAILING TO COMPLY WITH WELFARE AGREEMENTS, SO AS TO CLARIFY THAT AN AFDC RECIPIENT WHO MEETS CERTAIN CRITERIA IS NOT REQUIRED TO COMPLY WITH EMPLOYMENT AND TRAINING PROVISIONS IN THE AGREEMENT; TO AMEND SECTION 43-5-1155, RELATING TO ENTREPRENEURIAL DEVELOPMENT, SO AS TO EXPAND THE DEPARTMENT'S AUTHORITY AND A CLIENT'S OPPORTUNITIES UNDER THIS PROGRAM; TO AMEND SECTION 43-5-1170, RELATING TO TIME LIMITATIONS PLACED ON RECEIVING WELFARE, SO AS TO PROVIDE THAT AN EXEMPTION APPLIES TO A PERSON WHO IS PERMANENTLY AND TOTALLY DISABLED RATHER THAN TO ONE WHO IS TOTALLY OR PERMANENTLY DISABLED; AND TO AMEND SECTION 43-5-1240, RELATING TO TRANSITIONAL MEDICAID AND CHILD CARE, SO AS TO PROVIDE TWO YEARS RATHER THAN ONE YEAR OF TRANSITIONAL CHILD CARE AND MEDICAID TO A PERSON WHO LOST ELIGIBILITY DUE TO BECOMING EMPLOYED OR WHO BECOMES EMPLOYED AFTER EXCEEDING THE TWENTY-FOUR-MONTH TIME LIMIT AND TO PROVIDE FURTHER CONDITIONS TO RECEIVING THESE BENEFITS.

(R528) H. 4834 -- Reps. Robinson, Herdklotz, Waldrop, Sandifer, Fulmer, Trotter, Marchbanks, Rice, Haskins and Harrell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-2-75 SO AS TO PROVIDE FOR THE METHOD OF SIGNING INCOME TAX RETURNS; TO AMEND SECTION 12-4-310, AS AMENDED, RELATING TO DUTIES OF THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO REVISE A REFERENCE TO THE BOND REQUIREMENT FOR DEPARTMENTAL OFFICERS AND EMPLOYEES; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE OF 1986 NOT ADOPTED IN THE DETERMINATION OF SOUTH CAROLINA TAXABLE INCOME, SO AS TO DELETE THE EXCLUSION OF PROVISIONS RELATING TO AN INNOCENT SPOUSE; TO AMEND SECTION 12-31-60, RELATING TO PENALTIES PROVIDED UNDER THE INTERNATIONAL FUEL TAX AGREEMENT, SO AS TO MAKE THESE PENALTIES APPLY IN LIEU OF OTHER PENALTIES AND INTEREST OTHERWISE REQUIRED; TO AMEND SECTIONS 12-36-110, 12-36-120, 12-36-1710, 12-36-2110, AND 12-36-2120, ALL AS AMENDED, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO REVISE THE DEFINITIONS OF "RETAIL SALE" AND "WHOLESALE SALE", CLARIFY A REFERENCE IN AN EXEMPTION UNDER THE CASUAL EXCISE TAX, REQUIRE LEASES TO BE IN WRITING FOR PURPOSES OF OBTAINING THE THREE HUNDRED DOLLARS MAXIMUM SALES TAX ON CERTAIN ITEMS, CLARIFY THE SALES TAX EXEMPTION FOR SUPPLIES REQUIRED BY DIABETICS, AND TO EXEMPT GOODS PROVIDED TO THE FEDERAL GOVERNMENT WHEN CERTAIN CONDITIONS ARE MET; TO AMEND SECTION 12-39-260, RELATING TO THE DUTIES OF THE COUNTY AUDITOR, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO APPROVE OTHER MEANS OF ACCOUNTING FOR AND REPORTING OF REAL ESTATE SALES; TO AMEND SECTION 12-54-35, RELATING TO THE INNOCENT SPOUSE RULE, SO AS TO PROVIDE THOSE INSTANCES WHEN THE RULE DOES NOT APPLY; TO AMEND SECTION 12-54-50, AS AMENDED, RELATING TO THE PENALTY ON A RETURNED CHECK FOR TAXES, SO AS TO EXTEND THE PENALTY TO ELECTRONIC PAYMENTS AND CLARIFY THIS PENALTY AS AN ADDITION TO ALL OTHER PENALTIES; TO AMEND SECTION 12-54-90, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REVOKE LICENSES ISSUED TAXPAYERS FOR VIOLATIONS OR OMISSIONS, SO AS TO CHANGE REFERENCES FROM "COMMISSION" TO "DEPARTMENT"; TO AMEND SECTION 12-54-210, AS AMENDED, RELATING TO THE REQUIREMENT TO MAINTAIN RECORDS FOR TAX PURPOSES, SO AS TO EXTEND THE REQUIREMENT TO LICENSES, FEES, AND SURCHARGES AND TO PROVIDE THE CIRCUMSTANCES UNDER WHICH MICROFILM RECORDS ARE ADEQUATE; TO REPEAL SECTION 12-6-5040, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REQUIRE COPIES OF FEDERAL TAX RETURNS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO GENERAL EXEMPTION FROM AD VALOREM TAXES, SO AS TO PROVIDE TECHNICAL CHANGES, SUBSTITUTE "WATERCRAFT" FOR "BOATS", TO PROVIDE THE MAXIMUM ASSESSMENT FOR WATERCRAFT THAT ARE EXEMPT FROM AD VALOREM TAXES, TO PROVIDE AN AD VALOREM TAX EXEMPTION FOR WATERCRAFT TRAILERS AND TO REVISE THE APPLICATION OF THE EXEMPTION FOR POLLUTION CONTROL EQUIPMENT IN GREIGE MILLS; TO AMEND SECTION 12-37-252, RELATING TO THE CLASSIFICATION AND ASSESSMENT OF PROPERTY QUALIFYING FOR EXEMPTION UNDER SECTION 12-37-250, SO AS TO PROVIDE THAT A PERSON QUALIFYING FOR THIS EXEMPTION ALSO MAY QUALIFY FOR A HOMESTEAD EXEMPT TAX REFUND; TO AMEND SECTION 12-37-275, RELATING TO THE DATE FOR SUBMISSION FOR REQUESTS FOR REIMBURSEMENT FOR CERTAIN UNCOLLECTED TAXES, SO AS TO PROVIDE FOR THE TREATMENT OF ACCOUNTS COVERED BY THIS PROVISION; TO AMEND SECTION 12-37-610, RELATING TO LIABILITY FOR PAYMENT OF PROPERTY TAXES, SO AS TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO THE VALUATION OF PROPERTY, DEPRECIATION ALLOWANCES FOR MANUFACTURER'S MACHINERY AND EQUIPMENT, AND ADJUSTMENTS IN CERTAIN ALLOWANCES, SO AS TO PROVIDE TECHNICAL CHANGES, SUBSTITUTE "WATERCRAFT AND AIRCRAFT" FOR "BOATS AND AIRPLANES" AND TO PROVIDE THAT THIS PROVISION APPLIES TO CERTAIN WATERCRAFT AND AIRCRAFT; TO AMEND SECTION 12-43-217, AS AMENDED, RELATING TO THE CONDUCTING OF CERTAIN PROPERTY REASSESSMENTS, SO AS TO REVISE THE REASSESSMENT PERIOD; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CERTAIN ASSESSMENT RATIOS FOR PROPERTY SUBJECT TO AD VALOREM TAXATION, PROCEDURES FOR CLAIMING CERTAIN AD VALOREM TAXATION CLASSIFICATIONS AND THE ROLL-BACK OF CERTAIN TAXES, SO AS TO PROVIDE CERTAIN TECHNICAL CHANGES, ESTABLISH ADDITIONAL REQUIREMENTS TO QUALIFY FOR THE FOUR PERCENT OWNER-OCCUPIED RESIDENTIAL PROPERTY ASSESSMENT RATIO AND VARIOUS METHODS OF PROVIDING DOCUMENTATION TO THE ASSESSOR OF ELIGIBILITY AND TO PROVIDE EXCEPTIONS, AND THAT STANDING TIMBER WILL NOT BE USED IN DETERMINING FAIR MARKET VALUE FOR CERTAIN REAL PROPERTY; TO AMEND SECTION 12-51-40, AS AMENDED, RELATING TO EXECUTION COSTS, THE LEVY OF A WARRANT OR EXECUTION, A NOTICE OF DELINQUENT TAXES, SEIZURE OF PROPERTY, AND AN ADVERTISEMENT OF SALE, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 12-51-55, RELATING TO THE REQUIRED BID ON BEHALF OF FORFEITED LAND COMMISSION WHEN PROPERTY IS SOLD FOR NONPAYMENT OF AD VALOREM TAXES, SO AS TO PROVIDE THE PROCEDURE FOR DISPOSING OF CONTAMINATED REAL PROPERTY; TO AMEND SECTION 12-60-2510, RELATING TO PROPERTY TAX ASSESSMENT NOTICES, SO AS TO REVISE THE DATE WHEN TAX ASSESSMENT NOTICES MUST BE MAILED, AND TO ELIMINATE CERTAIN INFORMATION FROM A PROPERTY TAX ASSESSMENT NOTICE; TO AMEND SECTION 12-60-2910, RELATING TO A REQUEST TO MEET WITH AN AUDITOR REGARDING A PERSONAL PROPERTY TAX ASSESSMENT, AND A WRITTEN PROTEST FOLLOWING THE MEETING, SO AS TO REVISE THE PERIOD WHEN A PERSON MAY MEET WITH AN AUDITOR; TO AMEND SECTION 12-51-60, AS AMENDED, RELATING TO TAX SALES, SO AS TO PROVIDE FOR NOTICE OF ANY EXCESS FOR THE SALE DUE THE DEFAULTING TAXPAYER; TO AMEND SECTION 12-51-120, AS AMENDED, RELATING TO REDEMPTION OF PROPERTY, SO AS TO REVISE NOTICE REQUIREMENTS AND CONFORM THE REFERENCE TO AN INTEREST RATE TO CURRENT LAW; TO AMEND SECTION 12-54-250, AS AMENDED, RELATING TO PAYMENT OF TAXES IN FUNDS IMMEDIATELY AVAILABLE, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE TO PRESCRIBE ALTERNATIVE MEANS FOR FILING TAX RETURNS AND REPORTS AND PROVIDE FOR THE TIME INTEREST AND PENALTIES MAY APPLY TO SUCH PAYMENTS; TO ADD SECTIONS 12-21-3920, 12-21-3940, 12-21-3950, AND 12-21-4060 SO AS TO PROVIDE DEFINITIONS AND LICENSING REQUIREMENTS FOR THE GAME OF BINGO; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO SOUTH CAROLINA INDIVIDUAL INCOME TAX DEDUCTIONS, SO AS TO DELETE THE DEDUCTIONS FOR BINGO PRIZES; TO ADD SECTION 12-21-3955 SO AS TO PROVIDE FOR THE DESIGNATION OF A PROMOTER FOR PURPOSES OF BINGO REGULATION; TO AMEND SECTIONS 12-21-4000 AND 12-21-4030, RELATING TO BINGO, SO AS TO DELETE CERTAIN REQUIREMENTS OF THE CALLER AND LIMIT CHARGES FOR CARDS; AND TO AMEND SECTION 12-36-90, AS AMENDED, RELATING TO THE DEFINITION OF GROSS PROCEEDS OF SALES FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO EXCLUDE FROM THE DEFINITION CERTAIN SOLID WASTE FEES.

(R529) H. 5027 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS, RELATING TO CONTINUING PROFESSIONAL COMPETENCY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1912, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. RICHARDSON moved that the House recede until 2:15 P.M., which was adopted.

At 2:15 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.

The question of a quorum was raised. A quorum was later present.

The SPEAKER Pro Tempore granted Rep. M. HINES a leave of absence for the remainder of the day.

June 4, 1996
The Honorable Robert L. Peeler
President of the Senate
Post Office Box 142
Columbia, S.C. 29202

Dear Mr. President and Members of the Senate:

I am hereby returning without my approval S. 944, R. 448, an Act:
TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF GEORGETOWN COUNTY.

This veto is based upon my belief that R. 448, S. 944 of 1996, is unconstitutional. It is clearly an act for a specific county. Article VIII, Section 7 of the South Carolina Constitution states that "[n]o laws for a specific county shall be enacted."

For the above reason, I am returning S. 944, R. 448, without my approval.

Sincerely,
David M. Beasley

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

Those who voted in the affirmative are:
Brown, T.

Those who voted in the negative are:

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

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

The following was introduced:

H. 5105 -- Reps. T. Brown, Keegan, Kelley, Witherspoon, Worley, Allison, Anderson, Askins, Bailey, Baxley, Beck, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Wofford, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE L. MORGAN MARTIN OF HORRY COUNTY, OUR DISTINGUISHED COLLEAGUE AND FRIEND, FOR HIS SIX YEARS OF OUTSTANDING LEGISLATIVE SERVICE TO THE PEOPLE OF SOUTH CAROLINA AND WISHING HIM CONTINUED SUCCESS IN HIS CAREER.

Whereas, The Honorable L. Morgan Martin of Horry County has represented the citizens of House District 58 in the General Assembly for the past six years and has chosen not to seek reelection to the House of Representatives in 1996; and

Whereas, L. Morgan Martin was born January 28, 1953, and is the son of Lonnie H. and Edna J. Martin; and

Whereas, Representative Martin is a graduate of Francis Marion College earning a B.S. Degree in 1975 and attended the University of South Carolina Law School where he graduated with a J.D. degree in 1978; and

Whereas, he resides in Conway with his wife, the former Sonya Joy Hardee, and they have three lovely children, Mary Ashley, Morgan O'Bryan, and Hayley Elizabeth; and

Whereas, Representative Martin received the Outstanding Political Science Student Award in 1974; served as the Chairman of the Horry County Democratic Party from 1984 to 1986 and on the Advisory Board of First Citizens Bank; member of Wildlife Action and Aynor Area Chamber of Commerce; and is currently a member of the First United Methodist Church of Conway; and

Whereas, Morgan was Assistant Solicitor of the Fifteenth Judicial Circuit from 1980 to 1984; and

Whereas, by serving in the House of Representatives, Morgan is known for his knowledge and understanding of the House Rules, always being guided by the utmost consideration for his fellow colleagues, and the desire to do the right thing; and

Whereas, Representative Martin has established a truly outstanding record for himself, his family, and his constituents; and

Whereas, it is appropriate, by this resolution, to recognize the contributions that Morgan Martin has made to the House of Representatives, to his community, and to the Palmetto State. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina commend The Honorable L. Morgan Martin of Horry County, our distinguished colleague and friend, for his six years of outstanding legislative service to the people of South Carolina.

Be it further resolved that a copy of this resolution be presented to The Honorable L. Morgan Martin.

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

The following was introduced:

H. 5106 -- Reps. Harvin, Kelley and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING AND CONGRATULATING THE TEAM MEMBERS FROM SOUTH CAROLINA WHO HAVE BEEN SELECTED BY INTERNATIONAL SOCCER USA TO PLAY IN THE GOTHIA CUP IN GOTHENBURG, SWEDEN AND THE GOLD COAST CLASSIC IN TORBAY, ENGLAND.

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

The following was received.
Columbia, S.C., June 13, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification:
S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO AUTHORIZE THE ISSUANCE OF SCHOOL REVENUE BONDS FOR SPECIFIED PURPOSES IN CONNECTION THEREWITH.
Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., June 13, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification:
H. 3845 -- Rep. Cromer: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF THE JURY LIST FOR EACH COUNTY FROM A TAPE OF PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE, SO AS TO PROVIDE THAT THIS JURY LIST SHALL BE FURNISHED IN 1995 AND EVERY THIRD YEAR THEREAFTER RATHER THAN EACH YEAR, AND TO REVISE THE MONTHS IN WHICH THE LIST IS COMPILED AND FURNISHED.
Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., June 13, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 4518:
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.
Very respectfully,
President

The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

The question of a quorum was raised. A quorum was later present.

Rep. FULMER moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

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.

The yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Anderson               Bailey                 Beck
Boan                   Breeland               Brown, H.
Brown, J.              Brown, T.              Byrd
Cain                   Canty                  Carnell
Cato                   Cave                   Clyburn
Cobb-Hunter            Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Felder                 Fleming
Fulmer                 Gamble                 Hallman
Harrell                Harris, J.             Haskins
Hines, J.              Hodges                 Howard
Hutson                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Keyserling             Kinon                  Kirsh
Lanford                Law                    Limbaugh
Limehouse              Littlejohn             Lloyd
Marchbanks             Mason                  McAbee
McCraw                 McElveen               McKay
Meacham                Moody-Lawrence         Neal
Neilson                Phillips               Rhoad
Rice                   Richardson             Riser
Robinson               Sandifer               Scott
Seithel                Sharpe                 Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Spearman               Stille
Stuart                 Townsend               Tripp
Trotter                Tucker                 Vaughn
Waldrop                Walker                 Wells
Whatley                Whipper, S.            Wilder
Wilkes                 Wilkins                Witherspoon
Wofford                Wright                 Young
Young-Brickell

Those who voted in the negative are:

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. FULMER, HARVIN and KOON to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
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.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/SECTION     1.     Chapter 37, Title 12 of the 1976 Code is amended by adding:

Section 12-37-2810.     As used in this article, unless the context requires otherwise:

(A)     'Motor carrier' means a person who owns, controls, operates, manages, or leases a motor vehicle for the transportation of property in intrastate or interstate commerce. Motor carriers are further defined as being a South Carolina based International Registration Plan registrant or owning or leasing real property within this State used directly in the transportation of freight.

(B)     'Motor vehicle' means a motor propelled vehicle used for the transportation of property on a public highway with a gross vehicle weight of greater than twenty-six thousand pounds.

(C)     'Highway' means all public roads, highways, streets, and ways in this State, whether within a municipality or outside of a municipality.

(D)     'Person' means any individual, corporation, firm, partnership, company or association, and includes a guardian, trustee, executor, administrator, receiver, conservator, or a person acting in a fiduciary capacity.

(E)     'Semitrailers' means every vehicle with or without motive power, other than a pole trailer, designed for carrying property and for being drawn by a motor vehicle and constructed so that a part of its weight and of its load rests upon or is carried by another vehicle.

(F)     'Trailers' means every vehicle with or without motive power, other than a pole trailer, designed for carrying property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle.

Section 12-37-2820.     The Department of Public Safety annually shall assess, equalize, and apportion the valuation of all motor vehicles of motor carriers. The valuation must be based on fair market value for the motor vehicles and an assessment ratio of nine and one-half percent as provided by Section 12-43-220(g). Fair market value is determined by depreciating the gross capitalized cost of each motor vehicle by an annual percentage depreciation allowance down to ten percent of the cost as follows:

(1)     Year One         -         .90

(2)     Year Two         -         .80

(3)     Year Three         -         .65

(4)     Year Four         -         .50

(5)     Year Five         -         .35

(6)     Year Six         -         .25

(7)     Year Seven         -         .20

(8)     Year Eight         -         .15

(9)     Year Nine         -         .10

Section 12-37-2830.     The value of motor carrier's vehicles subject to property taxes in this State must be determined by the Department of Public Safety based on the ratio of total mileage operated within this State during the preceding calendar year to the total mileage of its entire fleet operated within and without this State during the same preceding calendar year.

Section 12-37-2840.     Motor carriers must file an annual property tax return with the Department of Public Safety no later than the thirtieth day of June for the preceding calendar year with one-half or the entire tax due.

Section 12-37-2850.     The Department of Public Safety shall assess annually the taxes due based on the value determined in Section 12-28-2820 and an average millage for all purposes statewide for the current year. The average millage may be increased to cover any loss of revenue from not licensing trailers incurred by the Department of Public Safety. The taxes assessed must be paid to the Department of Public Safety no later than December thirty-first of each year and may be made in two equal installments. Distribution of the taxes must be made by the Treasurer's Office based on the distribution formula contained in Section 12-37-2870.

Section 12-37-2860.     In lieu of the property taxes and registration requirements after the initial registration on semitrailers and trailers, a one-time fee of eighty-seven dollars is due on all semitrailers and trailers currently registered and subsequently on each semitrailer and trailer before being placed in service. Twelve dollars of the one-time fee must be distributed to the Department of Public Safety. The remaining seventy-five dollars of the fee must be distributed based on the distribution formula contained in Section 12-37-2870.

Section 12-37-2870.     The distribution for each county must be determined on the ratio of total federal and state highway miles within each county during the preceding calendar year to the total federal and state highway miles within all counties of this State during the same preceding calendar year. The county must distribute the revenue from the payment-in-lieu of taxes received pursuant to this section to every governmental entity levying a property tax in the manner set forth below. For each governmental entity levying a property tax, the entire assessed value of the taxable property within its boundaries and the county area must be multiplied by the millage rate imposed by the governmental entity. That figure constitutes the numerator for that governmental entity. The total of the numerators for all property tax levying entities within the county area constitutes the denominator. The numerator for each governmental entity must be divided by the denominator. The resulting percentage must be multiplied by the payment-in-lieu of tax revenue received pursuant to this section and that amount distributed to the general fund of the appropriate governmental entity.

Section 12-37-2880.     Motor vehicles, as defined in Section 12-37-2810, owned, operated, managed, or leased by a motor carrier are exempt from property tax except as provided in this article."

SECTION     2.     For the taxes assessed and required to be paid in accordance with this act, under Section 12-37-2850 of the 1976 Code, credit shall be allowed for motor carrier's vehicle taxes previously paid for the 1998 tax year.

SECTION     3.     The first annual property tax return under this act, required to be filed by Section 12-37-2840 of the 1976 Code, is due June 30, 1998.

SECTION     4.     A.     Section 12-28-310 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-310.     Subject to the exemptions provided in this chapter, a tax of sixteen cents a gallon is imposed on all gasoline used or consumed in this State and upon all diesel fuel used or consumed in this State in producing or generating power for propelling motor vehicles. The tax levied on taxable motor fuel pursuant to this chapter is a levy and assessment on the consumer, and the levy and assessment on other persons as specified in this chapter are as agents of the State for the collection of the tax. This section does not affect the method of collecting the tax as provided in this chapter. The tax imposed by this section must be collected and paid at those times, in the manner, and by those persons specified in this chapter. The license tax imposed by this section shall be in lieu of all sales, use, or other excise tax which may otherwise be imposed by any municipality, county, or other local political subdivision of the State."

B.     Section 12-28-720 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-720.     The exemption for imports exports:

(1)     under Section 12-28-710(A)(1) must be perfected by a deduction on the report of the supplier which is otherwise responsible for tax on removal of the product from a terminal or refinery in this State;

(2)     under Section 12-28-710(A)(2) and 12-28-710(A)(4) may be perfected at the option of the exporter by a refund claim if the claim in the aggregate month to date exceeds one thousand dollars, by a refund claimed on the licensed exporter report for that month's activity, or under Section 12-28-710(A)(3) if a diversion by an unlicensed exporter upon a refund application is made to the department within three years."

C.     Section 12-28-740(2)(a)(iv) of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"(iv)     a list of government tax-exempt purchasers qualifying under subsubitem (iii) (c) of this subitem and estimated volumes for them;"

D.     Section 12-28-795 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-795.     If a claim for refund is not issued within thirty days of the filing required by Section 12-28-785, the department shall pay interest at the rate provided for in Section 12-54-30 from the date of filing of the claim for refund until a date, determined by the director, that does not precede by more than thirty days, the date on which the refund is made. Interest on a claim for refund must be paid at the rate and in the manner provided for in Section 12-54-25."

E.     Section 12-28-905 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-905.     (A)     Except as otherwise provided in this chapter, the tax imposed by Section 12-28-310 on taxable motor fuel measured by gallons imported from another state must be paid by the licensed occasional importer who has imported the nonexempt taxable motor fuel within three business days of the earlier of the time the nonexempt taxable motor fuel was entered into the State or the time a valid import verification number required by Section 12-28-1135 12-28-1125 was assigned by the department under regulations the department promulgates. However, if the supplier has made a blanket election to pre-collect tax under Section 12-28-910(B), he is jointly liable with the importer for the tax and shall remit the tax to the department on behalf of the importer under the same terms as a supplier payment under Section 12-28-920 12-28-915, and no import verification number is required.

(B)     Except as otherwise provided in this section, the tax imposed by Section 12-28-310 on taxable motor fuel measured by gallons imported from another state must be paid by the licensed bonded importer who has imported the nonexempt taxable motor fuel during a month before the twenty-second day of the following month unless the day falls upon a weekend or state or banking holiday, in which case the liability is due the next succeeding business day, if before the time of import the importer obtains a valid import verification number required by Section 12-28-1135 12-28-1125, assigned by the department under regulations promulgated by the department. However, if the supplier has made a blanket election to pre-collect tax under Section 12-28-910(3) 12-28-910(B), he is jointly liable with the importer for the tax and shall remit the tax to the department on behalf of the importer under the same terms as a supplier payment under Section 12-28-920 12-28-915, and no import verification number is required."

F.     Section 12-28-915(D) of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"(D)     A supplier shall remit give notification of late taxes remitted to the supplier by an eligible purchaser and give timely notification to the department of late remittances if that supplier previously gave notice to the department of an uncollectible tax amount pursuant to Section 12-28-940(B)."

G.     Section 12-28-925 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-925.     Each supplier and bonded importer who sells taxable motor fuel shall collect from the purchaser the motor fuel tax imposed under Section 12-28-310. At the election of an eligible purchaser evidenced by a written statement from the department as to the purchaser eligibility status as determined under Section 12-28-930, the seller may not require a payment of motor fuel tax on transport truckloads from the purchaser sooner than one business day before the date on which the tax is required to be remitted by the supplier or bonded importer under Section 12-28-915. This election is subject to a condition that the eligible purchaser's remittances of all amounts of tax due the seller must be paid by electronic funds transfer before the third preceding day before the date of the remittance by the supplier to the department. Failure of a supplier or bonded importer to comply with the requirements of this section may result in suspension or revocation of the license in accordance with Section 12-28-1180(B). The eligible purchaser's election under this subsection may be terminated by the seller if the eligible purchaser does not make timely payments to the seller as required by this section."

H.     Section 12-28-935 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-935.     The department may rescind a purchaser's eligibility and election to defer taxable motor fuel tax remittances after a hearing and upon a showing of good cause, including failure to make timely tax deferred payment to a supplier of tax under Section 12-28-930 12-28-925 by sending written notice to all suppliers or publishing notice of the revocation pursuant to regulations. The department may require further assurance of the purchaser's financial responsibility, may increase the bond requirement for that purchaser, or may take other action to ensure remittance of the taxable motor fuel tax. The department shall follow the revocation procedures under Section 12-28-1180 in rescinding eligible purchaser status."

I.     Section 12-28-940 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-940.     (A)     In computing the amount of motor fuel tax due, the supplier is entitled to a credit against the tax payable in the amount of tax paid by the supplier that is uncollectible from an eligible purchaser.

(B)     The supplier shall provide notice to the department of a failure to collect tax within ten days following the earliest date on which the supplier was entitled to collect the tax from the eligible purchaser under Section 12-28-925.

(C)     The department shall promulgate regulations establishing the evidence a supplier shall provide to receive the credit.

(D)     The credit must be claimed on the first return following the date of the failure of the eligible purchaser if the payment remains unpaid as of the filing date of that return or the deduction credit is disallowed.

(E)     The claim for credit must identify the defaulting eligible purchaser and any tax liability that remains unpaid.

(F)     If an eligible purchaser fails to make a timely payment of the amount of tax due, the supplier's credit is limited to the amount due from the purchaser, plus any tax that accrues from that purchaser for a period ending upon the date the supplier receives notice from the department of revocation of eligible purchaser status.

(G)     No additional credit is allowed to a supplier under this section until the department authorizes the purchaser to make a new election under Section 12-28-930 12-28-925."

J.     Section 12-28-970(A) of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"(A)     A backup tax equal to the tax imposed by Section 12-28-310 is imposed and must be administered in accordance with regulations promulgated by the department on the use on the highways of taxable motor fuel by an end user, including operators of state and local government vehicles, American Red Cross vehicles, and buses, and other persons exempted from the full federal highway tax, unless the person is exempted otherwise under Section 12-28-710(A)(12), upon the delivery in this State into the fuel supply tank of a highway vehicle of:

(1)     diesel fuel that contains a dye;

(2)     taxable motor fuel on which a claim for refund has been made;

(3)     alternative fuels; or

(4)     liquid on which tax previously has not been imposed by this chapter."

K.     Section 12-28-1130 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-1130.     Each person who is an importer of taxable motor fuel into this State by a tank wagon operating out of or controlling a bulk plant in another state, if the destination of that tank wagon is within twenty-five miles of the borders of South Carolina, shall make application for and obtain a license from the department before engaging in import activities. However, registration as a tank wagon operator-importer does not constitute authorization of the persons to acquire nonexempt motor fuel free of the tax imposed by this chapter at a terminal either within or outside this State for direct delivery to a location in South Carolina. A person who possesses a valid importer's license is eligible as a tank wagon operator-importer without issuance of a separate license if the importer also operates one or more bulk plants outside this State. The fee for a tank wagon operator-importer license is fifty dollars. Operators of tank wagon delivery product wagons delivering products into this State more than twenty-five miles from the border shall apply for an importer's license under Section 12-28-1125."

L.     Section 12-28-1135 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-1135.     (A)     Each person who engages in the business of selling taxable motor fuel at wholesale or retail or storing or distributing taxable motor fuel for resale within this State first shall obtain a fuel vendor license which is operative for all locations controlled or operated by that licensee in this State or in any other state from which the person removes fuel for delivery and use in South Carolina.

(B)     Each fuel vendor shall maintain detailed records of all purchases and sales for no less than three years.

(C)     All fuel vendor records must be maintained in English and Arabic numerals or acceptable to electronic formats.

(D)     Each fuel vendor shall make an annual report of taxable gallons sold at retail by county in accordance with Section 12-28-720 12-28-1390.

(E)     In its discretion, the department may exempt from subsection (A) persons who possess a valid supplier, terminal operator, carrier transporter, importer, tank wagon operator, or exporter license. The fee for the full fuel vendor license is fifty dollars."

M.     The 1976 Code is amended by adding:

"Section 12-28-1139.     Each person who is liable for the tax imposed by Sections 12-28-970 and 12-28-990(C) who is not licensed under Sections 12-28-1100 through 12-28-1135 shall obtain a miscellaneous fuel tax license. There is no registration fee for this license."

N.     Section 12-28-1150 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-1150.     Applicants, including corporate officers, partners, and individuals, for a license issued by the commissioner director, may be required to submit their fingerprints to the department at the time of applying. Officers of publicly-held corporations and their subsidiaries are exempt from this fingerprinting provision. Persons, other than applicants for an importer's license, who possessed licenses issued under a predecessor statute continuously for three years before the effective date of this chapter also are exempt from this provision. Fingerprints required by this section must be submitted on forms prescribed by the department. The department may forward to the Federal Bureau of Investigation or any other agency for processing all fingerprints submitted by license applicants. The receiving agency shall issue its findings to the department. The license application fee must be used to pay the cost of the investigation. The department or another state agency may maintain a file of fingerprints."

O.     Section 12-28-1155(D) of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"(D)     Fuel vendors defined in Section 12-28-1135, other than persons required to be licensed under provisions other than in that section those sections, and miscellaneous fuel tax licensees defined in Section 12-28-1139, are exempt from the bonding requirements of this section."

P.     Section 12-28-1180(B) of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"(B)     The department may suspend or revoke a license for failure to comply with this chapter after at least ten thirty days' notice to the licensee and a hearing, should such be requested, pursuant to the Administrative Procedures Act."

Q.     Section 12-28-1300(B) of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"(B)     The reports required by this section article must be filed with respect to information for the preceding calendar month on or before the twenty-second day of the current month."

R.     Section 12-28-1300(C)(13) of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"(13)     corrections made by the supplier pursuant to Section 12-28-795 12-28-1525 for changes in destination state which affect the supplier's or his customer's tax liability to this State;"

S.     Section 12-28-1320 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-1320.     Each licensed tank wagon operator importer shall file with the department monthly a verified sworn statement of operations within this State plus other information in respect of the source and means of transportation of nonexempt taxable motor fuel as the department in its discretion may require on forms it prescribes and furnishes. A person who knowingly violates or knowingly aids and abets another to violate this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days."

T.     Section 12-28-1390(A) of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"(A)     A fuel vendor shall file an annual report of total gallons of gasoline sold at retail through a retail outlet accessible to the general public by that vendor by county before January twenty-first February twenty-eighth annually for the preceding calendar year."

U.     The 1976 Code is amended by adding:

"Section 12-28-1395.     A person licensed as a miscellaneous fuel tax licensee in this State shall file monthly a sworn statement on forms prescribed by the department and furnish any information the department considers necessary to the enforcement of this chapter."

V.     Section 12-28-1505(A)(3)(b) of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"(b)     receives from the Secretary of State Department of Revenue and Taxation or its agent a verification number authorizing the diversion;"

W.     Section 12-28-2110 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-2110.     (A)     The department in its discretion may must collect in lieu of the tax imposed by this chapter on taxable motor fuels consumed on the highways by state and local government diesel and other federally exempt fuel-powered highway vehicles, a fuel replacement tax imposed on the operation and the use on the highways of the vehicles, to be collected and administered in accordance with subsections (B) and (C) Sections 12-28-1139 and 12-28-1395.

(B)     The tax imposed by this section must be paid before April first annually by the operator of each state and local government and other federally exempt vehicles used on the highways in this State. The amount of tax must be determined by the department to equate to the amount of motor fuel tax which would have been paid if that tax also is levied on diesel fuel consumed on the highways in the State and local government and other federally exempt diesel-powered highway vehicles by reference to a formula of reasonably expected mileage for that vehicle and fuel consumption for diesel powered vehicles of similar weight, design, and intended use.

(C)     No person charged with responsibility for operation of a vehicle covered by this section may permit the operation of any such vehicle on the highways of this State without the affixation of a decal issued annually by the department which establishes that the fuel replacement tax was paid with respect to that vehicle."

X.     Section 12-28-2360 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-2360.     A person may present to the department proof that he has paid an inspection fee on petroleum products in error or has paid an inspection fee on shipments of petroleum products subsequently diverted from the State, whereupon the department shall refund the amount of the inspection fee to the payee out of the petroleum products inspection fund, if the proof of the claim is submitted within six months from the date shown on the delivery manifest the time period provided for in Section 12-54-85."

Y.     Section 12-28-2380 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-2380.     All motor fuels placed into motor vehicles for use in their operation or for the operation of their parts or attachments are subject to the tax fees provided in this chapter article. This section does not apply to a seller-user of liquefied petroleum gas."

Z.     Section 12-28-2520 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-2520.     An oil company A motor fuel licensee may furnish the department with a statement of assets and liabilities, and if in the judgment of the department the property owned by the oil company motor fuel licensee is sufficient to protect the State in the payment of all gasoline motor fuel taxes due, a bond is not required."

AA.     Section 12-28-2510 of the 1976 Code is repealed.

BB.     Section 12-28-1575 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-1575.     In general, a notice stating: 'DYED DIESEL FUEL, NONTAXABLE USE ONLY, PENALTY FOR TAXABLE USE' must be:

(1) provided by the terminal operator to a person who receives dyed diesel fuel at a terminal rack of that terminal operator;

(2) provided by a seller of dyed diesel fuel to its buyer if the diesel fuel is located outside the bulk transfer/terminal system and is not sold from a retail pump or bulk plant posted in accordance with the requirements of item (3);

(3) posted by a seller on a retail pump or bulk plant where it sells dyed diesel fuel for use by its buyer."

CC.     Section 12-28-710(A)(1)(c) of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"(c)     which is destined for use other than for resale within the destination state for which an exemption has been made available by the destination state subject to procedural regulations promulgated by the department;"

DD.     Section 12-28-710(A)(7) of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"(7)     subject to determination by the department, that portion of diesel fuel taxable motor fuel used to operate equipment attached to a motor vehicle, if the diesel fuel taxable motor fuel was placed into the fuel supply tank of a motor vehicle that has a common fuel reservoir for travel on a highway and for the operation of equipment;"

EE.     Notwithstanding any other effective date provided in this act, this section takes effect May 1, 1996.

SECTION     5.     Section 56-5-4140 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"(1)(a)     The gross weight of a vehicle or combination of vehicles, operated or moved upon any interstate, highway or section of highway shall not exceed:

(1)     Single-unit vehicle with two axles     35,000 lbs.

(2)     Single-unit vehicle with three axles     46,000 lbs.

(3)     Single-unit vehicle with four or more axles     63,500 lbs.
Except, on the interstate, vehicles must meet axle spacing requirements and corresponding maximum overall gross weights, not to exceed 63,500 lbs., in accordance with the table in (b) plus tolerances.

(4)     Single unit vehicle with five or more axles     65,000 lbs.
Except, on the interstate, vehicles must meet axle spacing requirements and corresponding maximum overall gross weights, not to exceed 65,000 lbs., in accordance with the table in (b) plus tolerances.

(4)(5)     Combination of vehicles with three axles     50,000 lbs.

(5)(6)     Combination of vehicles with four axles     65,000 lbs.

(6)(7)     Combination of vehicles with five

or more axles     73,280 lbs.

The gross weight imposed upon any highway or section of highway other than the interstate by two or more consecutive axles in tandem articulated from a common attachment to the vehicle and spaced not less than forty inches nor more than ninety-six inches apart shall not exceed thirty-six thousand pounds, and no one axle of any such group of two or more consecutive axles shall exceed the load permitted for a single axle. The load imposed on the highway by two consecutive axles, individually attached to the vehicle and spaced not less than forty inches nor more than ninety-six inches apart, shall not exceed thirty-six thousand pounds and no one axle of any such group of two consecutive axles shall exceed the load permitted for a single axle.

The ten percent enforcement tolerance specified in Section 56-5-4160 applies to the vehicle weight limits specified in this section except, the gross weight on a single axle operated on the interstate may not exceed 20,000 pounds, including all enforcement tolerances; the gross weight on a tandem axle operated on the interstate may not exceed 35,200 pounds, including all enforcement tolerances; and the overall gross weight for vehicles operated on the interstate may not exceed 75,185 pounds, including all enforcement tolerances except as provided in (b).

(b)     Vehicles with an overall maximum gross weight in excess of 75,185 pounds may operate upon any highway or section of highway in the Interstate System up to an overall maximum of 80,000 pounds in accordance with the following:

The weight imposed upon the highway by any group of two or more consecutive axles may not, unless specially permitted by the department exceed an overall gross weight produced by the application of the following formula:

W=500 (LN/N-1 + 12N + 36)

In the formula W equals overall gross weight on any group of two or more consecutive axles to the nearest 500 pounds, L equals distance in feet between the extreme of any group of two or more consecutive axles, and N equals number of axles in the group under consideration.

As an exception, two consecutive sets of tandem axles may carry a gross load of 68,000 pounds if the overall distance between the first and last axles of the consecutive sets of tandem axles is 36 feet or more. The formula is expressed by the following table:

Distance in feet

between the extremes Maximum load in pounds

of any group of 2 or carried on any group of 2

more consecutive axles or more consecutive axles

2     3     4     5     6     7

axles     axles     axles     axles     axles     axles
4     35,200
5     35,200
6     35,200
7     35,200

Distance in feet

between the extremes Maximum load in pounds

of any group of 2 or carried on any group of 2

more consecutive axles or more consecutive axles

2     3     4     5     6     7

axles     axles     axles     axles     axles     axles
8 and
less     35,200     35,000

35,200
more
than 8     38,000     42,000
8     35,200     35,200
9     39,000     43,000

42,500
10     40,000     43,500
11         44,500

44,000
12         45,000     50,000
13         46,000     50,500

45,500
14         46,500     51,500
15         47,500     52,000
16         48,000     52,500     58,000
17         49,000     53,500     58,500

48,500
18         49,500     54,000     59,500

59,000
19         50,500     54,500     60,000
20         51,000     55,500     60,500     66,000
21         52,000     56,000     61,000     66,500

51,500
22         52,500     56,500     62,000     67,000

61,500
23         53,500     57,500     62,500     68,000

53,000
24         54,000     58,000     63,000     68,500     74,000
25         55,000     58,500     63,500     69,000     74,500

54,500
26         55,500     59,500     64,500     69,500     75,000

64,000

Distance in feet

between the extremes Maximum load in pounds

of any group of 2 or carried on any group of 2

more consecutive axles or more consecutive axles

2     3     4     5     6     7

axles     axles     axles     axles     axles     axles
27         56,500     60,000     65,000     70,000     75,500

56,000
28         57,000     60,500     65,500     71,000     76,500
29         58,000     61,500     66,000     71,500     77,000

57,500
30         58,500     62,000     67,000     72,000     77,500

66,500
31         59,500     62,500     67,500     72,500     78,000

59,000
32         60,000     63,500     68,000     73,000     78,500
33         64,000     68,500     74,000     79,000

64,000     68,500     74,000     79,000
34         64,500     69,500     74,500     80,000

64,500     69,000     74,500         80,000
35         65,500     70,000     75,000

65,500     70,000     75,000
36         68,000     70,500     75,500

68,000     70,500     75,500
37         68,000     71,000     76,000

68,000     71,000     76,000
38         68,000     72,000     77,000

68,000     71,500     77,000
39         68,000     72,500     77,500

68,000     72,500     77,500
40         68,500     73,000     78,000

68,500     73,000     78,000
41         69,500     73,500     78,500

69,500     73,500     78,500
42         70,000     74,500     79,000

70,000     74,000     79,000
43         70,500     75,000     80,000

70,500     75,000     80,000
44         71,500     75,500

71,500     75,500

Distance in feet

between the extremes Maximum load in pounds

of any group of 2 or carried on any group of 2

more consecutive axles or more consecutive axles

2     3     4     5     6     7

axles     axles     axles     axles     axles     axles
45         72,000     76,000

72,000     76,000
46         72,500     77,000

72,500     76,500
47         73,500     77,500

73,500     77,500
48         74,000     78,000

74,000     78,000
49         74,500     78,500

74,500     78,500
50         75,500     79,500

75,500     79,000
51         76,000     80,000

76,000     80,000
52         76,500     76,500
53         77,500     77,500
54         78,000     78,000
55         78,500     78,500
56         79,500     79,500
57         80,000     80,000

(2)     Except on the interstate highway system:

(a)     Dump trucks, dump trailers, trucks carrying agricultural products, concrete mixing trucks, fuel oil trucks, line trucks, and trucks designated and constructed for special type work or use are not required to conform to the axle spacing requirements of this section. However, the vehicle is limited to a weight of twenty thousand pounds for each axle plus scale tolerances and the maximum gross weight of these vehicles may not exceed the maximum weight allowed by this section for the appropriate number of axles, irrespective of the distance between axles, plus allowable scale tolerances.

(b)     Concrete mixing trucks which operate within a fifteen-mile radius of their home base are not required to conform to the requirements of this section. However, these vehicles are limited to a maximum load of the rated capacity of the concrete mixer, the true gross load not to exceed sixty-six thousand pounds. All of these vehicles shall have at least three axles each with brake-equipped wheels.

(c)     Well-drilling, boring rigs, and tender trucks are not required to conform to the axle spacing requirements of this section. However, the vehicle is limited to seventy thousand pounds gross vehicle weight and twenty-five thousand pounds for each axle plus scale tolerances."

SECTION     6.     Section 57-11-20(A) of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:

"(A)     All state revenues and state monies dedicated by statute to the operation of the department must be deposited into one fund to be known as the 'state highway fund' and all federal revenues and federal monies must be deposited into the 'federal aid highway fund'. These funds must be held and managed by the State Treasurer separate and distinct from the general fund, except as to monies utilized by the State Treasurer for the payment of principal or interest on state highway bonds as provided by law. Interest income from the state highway fund must be deposited to the credit of the state highway fund. The commission may commit up to the maximum annual debt service provided in Article X, Section 13 of the South Carolina Constitution into a special fund to be used for the sole purpose of paying the principal and interest, as it comes due, on bonds issued for the construction and/or maintenance of state highways. This special account will be designated as the State Highway Construction Debt Service Fund."

SECTION     7.     Sections 1, 2, and 3 of this act are effective for calendar years beginning after December 31, 1997. Section 4 of this act is effective May 1, 1996. Sections 5 and 6 of this act take effect upon approval by the Governor./

Amend title to conform.

/s/Thomas L. Moore                C. Alexander Harvin III
/s/Luke A. Rankin                 /s/Ronald C. Fulmer
/s/Thomas C. Alexander            /s/Larry L. Koon
On Part of the Senate.                 On Part of the House.

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

The motion of Rep. FELDER to reconsider the vote whereby the Senate amendments were concurred in to the following Bill was taken up.

S. 1216 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 5, TITLE 7, SO AS TO ENACT PROVISIONS FOR MULTIPLE SITE VOTER REGISTRATION AND RESPONSIBILITIES OF THE SOUTH CAROLINA STATE ELECTION COMMISSION IN IMPLEMENTING THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-20, RELATING TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO, AMONG OTHER THINGS, REQUIRE THE EXECUTIVE DIRECTOR TO MAINTAIN A COMPLETE MASTER FILE, RATHER THAN A ROSTER, OF ALL QUALIFIED ELECTORS, REQUIRE HIM TO DELETE THE NAME OF ANY ELECTOR WHO REQUESTS IN WRITING THAT HIS NAME BE REMOVED, AND DELETE CERTAIN PROVISIONS OF LAW; TO AMEND SECTION 7-3-30, RELATING TO NOTICE OF DELETION OF ELECTOR'S NAME FROM ROSTER OF ELECTORS, APPEAL BY ELECTOR, AND RESTORATION OF NAME, SO AS TO, AMONG OTHER THINGS, PROVIDE FOR A MASTER FILE, RATHER THAN A ROSTER, DELETE CERTAIN PROVISIONS, AND PROVIDE THAT IF THE DELETION IS FOR CONVICTION, THE APPEAL MUST BE TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-155, RELATING TO REGISTRATION OF ELECTORS BY MAIL, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT IF THE POSTMARK DATE IS MISSING OR ILLEGIBLE, THE COUNTY BOARD OF VOTER REGISTRATION SHALL ACCEPT THE APPLICATION IF IT IS RECEIVED BY MAIL NO LATER THAN FIVE DAYS AFTER THE CLOSE OF THE REGISTRATION BOOKS BEFORE ANY ELECTION, AND REQUIRE COUNTY BOARDS OF VOTER REGISTRATION TO DISTRIBUTE APPLICATION FORMS TO CITY HALLS AND PUBLIC LIBRARIES; TO AMEND SECTION 7-5-440, RELATING TO THE REQUIREMENT THAT AN ELECTOR'S NAME MUST APPEAR ON THE LIST OF VOTERS IN ORDER TO BE ELIGIBLE TO VOTE, SO AS TO ESTABLISH A PROCEDURE BY WHICH A QUALIFIED ELECTOR WHO HAS MOVED FROM ONE ADDRESS TO ANOTHER AND HAS FAILED TO NOTIFY THE COUNTY BOARD OF REGISTRATION OF A CHANGE OF ADDRESS MAY VOTE; TO AMEND SECTION 7-7-720, RELATING TO CERTIFICATES WHICH MUST BE MAILED TO PERSONS WHOSE REGISTRATION IS TRANSFERRED, SO AS TO CHANGE THE PROCEDURE BY WHICH AN ELECTOR'S NAME MAY BE DELETED FROM THE MASTER FILE; TO AMEND SECTION 7-7-910, RELATING TO THE PLACE REGISTERED ELECTORS ARE REQUIRED TO VOTE, SO AS TO PROVIDE THAT THE SECTION IS ALSO SUBJECT TO THE PROVISIONS OF SECTION 7-5-440, AND DELETE THE PROVISIONS WHICH REQUIRE AN ELECTOR TO VOTE AT THE VOTING PLACE NEAREST TO HIS RESIDENCE WITHIN THE WARD OR OTHER SUBDIVISION OF HIS RESIDENCE, AND TO PROVIDE THAT HE MUST VOTE AT HIS DESIGNATED POLLING PLACE; TO AMEND SECTION 7-13-810, RELATING TO THE POWERS OF THE MANAGERS OF ELECTIONS, SO AS TO ADD A PROVISION WHICH WOULD AUTHORIZE ANY CANDIDATE TO PROTEST AN ELECTION IN WHICH HE IS A CANDIDATE PURSUANT TO THE PROVISIONS OF SECTION 7-17-30, WHEN THE PROTEST IS BASED IN WHOLE OR IN PART ON EVIDENCE DISCOVERED AFTER THE ELECTION, AND PROVIDE WHAT THIS EVIDENCE MAY INCLUDE; AND TO AMEND SECTION 7-25-180, RELATING TO THE DISTRIBUTION OF CAMPAIGN LITERATURE ON ELECTION DAY WITHIN TWO HUNDRED FEET OF A BUILDING WHERE A POLLING PLACE IS LOCATED, SO AS TO PROVIDE THAT THE CANDIDATE MAY WEAR A LABEL IDENTIFYING HIMSELF AS A CANDIDATE AND THE OFFICE HE IS SEEKING AND PROVIDE CONDITIONS ON THE WEARING OF THE LABEL.

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

Rep. TOWNSEND and the Anderson Delegation made a statement relative to Rep. JOHN W. TUCKER, JR.'s service in the House.

Rep. JOHN TUCKER made a statement relative to his service in the House of Representatives.

The House stood at ease subject to the call of Chair.

At 3:30 P.M. the House resumed, the SPEAKER in the Chair.

Rep. MARTIN moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

H. 4434 -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN SUSPENDED FOR A FIFTH OFFENSE.

The yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Allison                Anderson               Askins
Bailey                 Breeland               Brown, G.
Brown, H.              Brown, T.              Byrd
Cain                   Carnell                Cave
Clyburn                Cobb-Hunter            Cooper
Dantzler               Delleney               Fleming
Gamble                 Harrell                Harris, J.
Harvin                 Hines, J.              Howard
Inabinett              Jaskwhich              Jennings
Keegan                 Kelley                 Kennedy
Keyserling             Kinon                  Knotts
Koon                   Lanford                Law
Lee                    Lloyd                  Martin
McAbee                 McKay                  Moody-Lawrence
Neal                   Neilson                Rhoad
Richardson             Riser                  Robinson
Rogers                 Scott                  Sheheen
Smith, D.              Smith, R.              Spearman
Stille                 Stoddard               Stuart
Townsend               Tripp                  Tucker
Walker                 Wells                  Whipper, L.
Whipper, S.            White                  Wilkins
Witherspoon            Wofford                Wright
Young                  Young-Brickell

Those who voted in the negative are:

Beck                   Cato                   Cotty
Cromer                 Davenport              Easterday
Fulmer                 Hallman                Herdklotz
Hodges                 Hutson                 Kirsh
Limehouse              Littlejohn             Marchbanks
Mason                  McCraw                 McElveen
Meacham                Phillips               Quinn
Rice                   Sandifer               Seithel
Shissias               Simrill                Trotter
Waldrop                Wilder                 Wilkes

So, Free Conference Powers were rejected.

The following was received.
Columbia, S.C., June 13, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has granted Free Conference Powers and appointed Senators Moore, Rankin and Alexander of the Committee of Free Conference on the part of the Senate on H. 4796:
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.
Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., June 13, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 4796:
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.
Very respectfully,
President

Received as information.

Rep. KELLEY moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

S. 659 -- Senators Cork, Greg Smith, Elliott, McConnell and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 5, TITLE 61 SO AS TO PROVIDE FOR HOSPITALITY CABINETS.

The yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Allison                Askins                 Bailey
Beck                   Boan                   Brown, G.
Brown, H.              Brown, J.              Brown, T.
Byrd                   Carnell                Cato
Clyburn                Cooper                 Dantzler
Easterday              Felder                 Fulmer
Gamble                 Hallman                Harrell
Harris, J.             Harvin                 Hines, J.
Hutson                 Keegan                 Kelley
Keyserling             Kinon                  Knotts
Koon                   Lanford                Lee
Limbaugh               Limehouse              Mason
McAbee                 McKay                  Neilson
Phillips               Quinn                  Rhoad
Rice                   Richardson             Riser
Robinson               Seithel                Sharpe
Shissias               Smith, D.              Smith, R.
Stille                 Stuart                 Townsend
Tripp                  Trotter                Vaughn
Wells                  Whatley                Wilkins
Witherspoon            Wofford                Wright
Young                  Young-Brickell

Those who voted in the negative are:

Cain                   Cotty                  Davenport
Delleney               Hodges                 Howard
Inabinett              Jaskwhich              Kennedy
Kirsh                  Littlejohn             Lloyd
Loftis                 Marchbanks             McCraw
McElveen               Moody-Lawrence         Neal
Sandifer               Scott                  Sheheen
Simrill                Stoddard               Waldrop
Walker                 Wilder                 Wilkes

So, Free Conference Powers were rejected.

The following was received.
Columbia, S.C., June 13, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has granted Free Conference Powers and appointed Senators Holland, Hayes and Courtney of the Committee of Free Conference on the part of the Senate on H. 4434:
H. 4434 -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN SUSPENDED FOR A FIFTH OFFENSE.
Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., June 13, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 4434:
H. 4434 -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN SUSPENDED FOR A FIFTH OFFENSE.
Very respectfully,
President

Received as information.

Rep. MARTIN moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

H. 4434 -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN SUSPENDED FOR A FIFTH OFFENSE.

The yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Allison                Askins                 Bailey
Beck                   Breeland               Brown, G.
Brown, H.              Brown, J.              Brown, T.
Byrd                   Cain                   Cato
Cave                   Clyburn                Cromer
Dantzler               Delleney               Felder
Fleming                Fulmer                 Gamble
Harrell                Harris, J.             Harvin
Hines, J.              Howard                 Inabinett
Jaskwhich              Jennings               Kelley
Keyserling             Kinon                  Knotts
Koon                   Lanford                Law
Lee                    Limbaugh               Limehouse
Lloyd                  Martin                 Mason
McKay                  Neilson                Rhoad
Richardson             Riser                  Rogers
Scott                  Sharpe                 Sheheen
Smith, D.              Smith, R.              Stille
Stoddard               Stuart                 Townsend
Wells                  Whipper, S.            White
Wilkins                Witherspoon            Wofford
Wright                 Young

Those who voted in the negative are:

Carnell                Cotty                  Davenport
Easterday              Hodges                 Hutson
Kennedy                Kirsh                  Littlejohn
Loftis                 Marchbanks             McAbee
McCraw                 McElveen               Meacham
Moody-Lawrence         Phillips               Quinn
Rice                   Sandifer               Seithel
Shissias               Simrill                Tripp
Trotter                Waldrop                Walker
Wilder                 Wilkes

So, Free Conference Powers were rejected.

The following was received.
Columbia, S.C., June 13, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification:
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.
Very respectfully,
President

Received as information.

The Senate returned to the House with concurrence the following:

H. 5103 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF DR. GREG BAIRD OF ANDERSON COUNTY WHO DIED ON JUNE 10, 1996.

H. 5104 -- Reps. Witherspoon, T. Brown, Keegan, Kelley, Martin, Allison, Anderson, Askins, Bailey, Baxley, Beck, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Wofford, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE HAROLD G. WORLEY OF HORRY COUNTY FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON HIS DECISION NOT TO SEEK RE-ELECTION TO THE HOUSE.

H. 5105 -- Reps. T. Brown, Keegan, Kelley, Witherspoon, Worley, Allison, Anderson, Askins, Bailey, Baxley, Beck, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Wofford, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE L. MORGAN MARTIN OF HORRY COUNTY, OUR DISTINGUISHED COLLEAGUE AND FRIEND, FOR HIS SIX YEARS OF OUTSTANDING LEGISLATIVE SERVICE TO THE PEOPLE OF SOUTH CAROLINA AND WISHING HIM CONTINUED SUCCESS IN HIS CAREER.

At 5:00 P.M. the House in accordance with the motion of Rep. WHATLEY adjourned in memory of Franklin E. West of North Charleston and in accordance with H. 5041, the Sine Die Adjournment Resolution, adjourned to meet on Wednesday, June 26 in Statewide Session, at 11:00 A.M.

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