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The amendment was then adopted.

Reps. TUCKER and WILKINS proposed the following Amendment No. 2, which was adopted.

Amend the Bill to add new paragraph 50-3-315 and insert:

(D) The Department by regulation shall establish a training program for Deputy Enforcement Officers commissioned after July 1, 1980.

Rep. TUCKER explained the amendment.

The amendment was then adopted.

Reps. ROBINSON, D. SMITH and TUCKER proposed the following Amendment No. 3 (Doc Name P:\amend\PFM\7805AC.96), which was tabled.

Amend the bill, as and if amended, page 3879-1, by deleting subsection (A), beginning on line 28, and inserting:

/(A) The director may appoint deputy enforcement officers to who serve without pay and who only may be removed upon the recommendation of the director and by a majority vote of the governing board of the department and shall establish their territorial jurisdiction. The officers, when acting in their official capacity, may enforce all laws and regulations relating to wildlife, marine, or natural resources within have statewide police power. However, the director may restrict their territorial jurisdiction. The powers and duties of the officers must be established by regulations of the department. Deputy enforcement officers serve at the pleasure of the director. No person may be appointed as an officer who holds another public office. The Secretary of State shall transmit to the director the commissions of all officers. The director shall transmit each commission to the office of the clerk of court for the county in which the officer resides only after he files the oaths and officers, except for designated department employees, shall obtain the bonds required by Section 50-3-330./

Amend title to conform.

Rep. ROBINSON explained the amendment.

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

Amend the bill, as and if amended, by deleting SECTION 2 of the bill and inserting:

/SECTION 2. Deputy enforcement officers appointed by the Director of the Department of Natural Resources before July 1, 1996, must comply with Section 50-3-315(G) of the 1976 Code, as added by SECTION 1 of this act, before July 1, 1997.

SECTION 3. This act takes effect July 1, 1996./

Renumber sections to conform.

Amend title to conform.

Rep. ROBINSON explained the amendment.

The amendment was then adopted.

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

The following Bill was taken up.

H. 3532 -- Reps. Wright, H. Brown, Cato, Cooper, Fulmer, Harvin, Harwell, Keegan, Knotts, Koon, Wilkins and A. Young: A BILL TO AMEND TITLE 52, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMUSEMENTS, GAMES, AND ATHLETIC CONTESTS BY ADDING CHAPTER 19 SO AS TO ESTABLISH IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH TO A PERSON ENGAGED IN A ROLLER SKATING ACTIVITY CAUSED BY AN INHERENT RISK OF ROLLER SKATING.

Reps. COTTY, FLEMING and INABINETT objected to the Bill.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21647SD), which was adopted.

Amend the bill, as and if amended, by striking Section 52-19-30 of the 1976 Code, as contained in SECTION 1, and inserting:

/"Section 52-19-30. Each roller skater must:

(1) maintain reasonable control of his speed and course at all times to the extent he is able;

(3) wear roller skates only in areas designated by the operator;

(4) maintain a proper lookout to avoid other roller skaters and objects;

(5) accept responsibility for knowing the range of his own ability to negotiate the intended direction of travel while on roller skates and to roller skate within the limits of that ability; and

(6) refrain from acting in a manner which may cause or contribute to the injury of himself or any other person."/

Amend the bill further, as and if amended, by striking Section 52-19-40 of the 1976 Code, as contained in SECTION 1, and inserting:

/"Section 52-19-40. Each spectator must:

(1) comply with all properly posted signs and warnings and follow the reasonable instructions of the operator;

(2) maintain a proper lookout to avoid roller skaters; and

(3) refrain from acting in a manner which may cause or contribute to the injury of himself, any other spectator or roller skaters."/

Amend the bill further, as and if amended, by striking Section 52-19-50(B) of the 1976 Code, as contained in SECTION 1, and inserting:

/"(B) Nothing in subsection (A) prevents or limits the liability of an operator to a roller skater, spectator, or their representative if the operator:

(1) breached his duty as provided in Section 52-19-20 and the breach is the proximate cause of the injury or death;

(2) committed an act or omission that constitutes wilful or wanton disregard for the safety of the roller skater or spectator and that act or omission caused the injury; or

(3) intentionally injured the roller skater or spectator."/

Amend the bill further, as and if amended, by striking Section 52-19-60 of the 1976 Code, as contained in SECTION 1, and inserting:

/"Section 52-19-60. (A) An operator must post and maintain signs which contain the warning notice specified in subsection (B). These signs must be placed in clearly visible locations within the roller skating rink.

(B) A sign described in subsection (A) must contain the following warning notice:

Under South Carolina law, an operator is not liable for an injury to or the death of a roller skater or spectator resulting from an inherent risk of roller skating, pursuant to Chapter 19 of Title 52, Code of Laws of South Carolina, 1976. `Inherent risk of roller skating' means those dangers or risks which are an integral part of roller skating including,

(C) Failure to comply with the requirements concerning warning signs and notices provided in this section prevents an operator from invoking the privileges of immunity provided by this chapter."/

Amend title to conform.

Rep. JENNINGS explained the amendment.

The amendment was then adopted.

Rep. MOODY-LAWRENCE demanded the yeas and nays on the passage of the Bill, which were not ordered.

The Bill, as amended, was read the second time and ordered to third reading by a division vote of 77 to 13.

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

H. 4442 -- Reps. Vaughn, McMahand, Cato, Rice, Anderson, Herdklotz, Tripp, Haskins, Wilkins, Easterday and Jaskwhich: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF AUGUST 28, 1995, MISSED BY THE STUDENTS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY WHEN THE DISTRICT'S SCHOOLS WERE CLOSED DUE TO RECORD-SETTING RAINS, HEAVY FLOODING, AND CLOSED ROADS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

The following Joint Resolution was taken up.

H. 4425 -- Ways and Means Committee: A JOINT RESOLUTION MAKING APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.

Rep. H. BROWN explained the Joint Resolution.

Reps. ROGERS, McELVEEN, HODGES, TUCKER and KEYSERLING proposed the following Amendment No. 2 (Doc Name P:\amend\DKA\3453HTC.96), which was tabled.

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

/SECTION 1. From fiscal year 1994-95 surplus general fund revenues there is appropriated from the general fund of the State the sum of $90,578,177, which must be rebated to resident individual state income taxpayers as prescribed in Section 2.

SECTION 2. The Department of Revenue and Taxation, from 1995 state individual income tax returns of residents timely filed, including any automatic extension granted, shall calculate, from the funds appropriated pursuant to Section 1 of this joint resolution, a uniform rebate for all returns filed showing a state tax income tax liability, doubled in the case of the returns of married individuals filing jointly, but in no case more than the total liability of the taxpayer for the 1995 taxable year. For purposes of this section, tax liability is the total amount of state individual income tax lawfully due as shown or adjusted on the return before any withholding, estimated, or other tax payment is reflected. The rebate must be paid no later than September 15, 1996, and for all matters relating to the proper distribution of this rebate, it is considered a refund of overpaid state individual income tax. The department may retain no more than $350,000 of the amount appropriated to defray its actual expense of calculating and distributing the rebates.

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

Amend totals and title to conform.

Rep. ROGERS explained the amendment.

Rep. H. BROWN moved to table the amendment.

Those who voted in the affirmative are:

Allison              Boan                 Brown, H.
Cain                 Cato                 Chamblee
Cooper               Cotty                Dantzler
Delleney             Easterday            Felder
Fleming              Fulmer               Gamble
Hallman              Harrell              Harris, J.
Harris, P.           Harrison             Harvin
Herdklotz            Hutson               Jaskwhich
Keegan               Kelley               Kinon
Klauber              Knotts               Koon
Lanford              Law                  Limbaugh
Limehouse            Littlejohn           Marchbanks
Mason                McCraw               McKay
Quinn                Rice                 Richardson
Riser                Robinson             Sandifer
Seithel              Sharpe               Shissias
Simrill              Smith, D.            Smith, R.
Spearman             Stoddard             Stuart
Thomas               Tripp                Trotter
Vaughn               Waldrop              Walker
Wells                Whatley              Wilkins
Witherspoon          Wofford              Wright
Young                Young-Brickell

Those who voted in the negative are:

Anderson             Askins               Bailey
Baxley               Breeland             Brown, G.
Brown, J.            Byrd                 Canty
Carnell              Cave                 Clyburn
Cobb-Hunter          Cromer               Govan
Hines, J.            Hines, M.            Hodges
Howard               Inabinett            Jennings
Kennedy              Keyserling           Kirsh
Lee                  Lloyd                McAbee

McElveen             McMahand             McTeer
Meacham              Moody-Lawrence       Neal
Neilson              Phillips             Rhoad
Rogers               Scott                Sheheen
Stille               Tucker               Whipper, L.
Whipper, S.          White                Wilder
Williams             

So, the amendment was tabled.

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

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

The Senate returned to the House with concurrence the following:

H. 4438 -- Reps. Wilder, Stoddard and Carnell: A CONCURRENT RESOLUTION CONGRATULATING A. CARROLL BARKER, POLICE CHIEF OF THE CITY OF CLINTON, ON HIS ELECTION AS POTENTATE OF HEJAZ SHRINE TEMPLE.

H. 4439 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Sharpe, Harrison, Townsend and Cato: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, DAVID M. BEASLEY, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 24, 1996, AT THE KOGER CENTER FOR THE ARTS.

At 4:25 P.M. the House in accordance with the motion of Rep. STODDARD adjourned in memory of W. Cecil Garrett of Laurens, to meet at 10:00 A.M. tomorrow.

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:

Lord, in the business of this day keep us focused on You. Work through us, we pray, to soothe pains and mend wounds. Where there is injustice, make of us Your healing hands. Forgive our failures and frailties which we try so desperately to hide. Grant us the peace of Your presence, and let us rest in the certainty that Your forgiveness will surely bless us tomorrow. At times we seem to loose a sense of purpose, and we drift like leaves driven in the wind. Keep steadfast, then, our sense of purpose anchored in Your infallible Word, and help us to know that whatever we do for You and for others is forever worthwhile.

Be with us, then, lest we forget, lest we forget. 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. COTTY moved that when the House adjourns, it adjourn in memory of James E. Georgaklis of Columbia, which was agreed to.

Rep. WELLS, from the Spartanburg Delegation, submitted a favorable report, on:

H. 3161 -- Rep. Littlejohn: A BILL TO AMEND ACT 388 OF 1969, AS AMENDED, RELATING TO THE CREATION OF THE GLENDALE AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BOARD OF FIRE CONTROL FROM THREE TO FIVE.

Ordered for consideration tomorrow.

The following was received.

January 2, 1996
Mr. Speaker and Members of the House of Representatives:

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

Respectfully,
David M. Beasley

Reappointment, State Ethics Commission, with term to commence June 30, 1996, and to expire June 30, 2001:

At-Large:

Mr. Richard Vance Davis, 117 Hialeah Road, Greenville, S.C. 29607

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

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

H. 4457 -- Rep. Wilkins: A HOUSE RESOLUTION TO SET THURSDAY, JANUARY 25, 1996, AT 10:30 A.M. AS THE TIME FOR ELECTING A MEMBER TO FILL A VACANCY ON THE HOUSE OPERATIONS AND MANAGEMENT COMMITTEE.

Be it resolved by the House of Representatives:

That the House of Representatives elect a member to fill a vacancy on the House Operations and Management Committee on Thursday, January 25, 1996, at 10:30 a.m. in the Hall of the House of Representatives.

The Resolution was adopted.

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

H. 4458 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2907 SO AS TO EXEMPT SUPERVISED VOLUNTEERS IN CHILD DAY CARE SETTINGS FROM REQUIRED FINGERPRINT REVIEWS AND TO PROVIDE THAT AN EMPLOYEE OR CAREGIVER IN A CHILD DAY CARE SETTING ONLY MUST OBTAIN A STATE FINGERPRINT REVIEW UPON A CHANGE OF EMPLOYMENT.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 4459 -- Rep. Townsend: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO CHANGE THE NUMBER OF REQUIRED HOURS OF SUCH EDUCATION BIENNIALLY.

Referred to Committee on Labor, Commerce and Industry.

H. 4460 -- Reps. J. Brown, McMahand, Williams and Byrd: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-270 SO AS TO PROVIDE THAT NOTHING IN TITLE 38 MAY LIMIT AN INSURER OR OTHER THIRD PARTY PAYOR FROM DETERMINING THE SCOPE OF ITS BENEFITS AND OTHER TERMS OF ITS CONTRACTS WITH PROVIDERS EXCEPT THAT THE CONTRACT PROVIDING COVERAGE TO AN INSURED MAY NOT EXCLUDE THE RIGHT OF ASSIGNMENT OF BENEFITS TO A PROVIDER AT THE SAME BENEFIT RATE AS PAID TO A CONTRACT PROVIDER.

Referred to Committee on Labor, Commerce and Industry.

H. 4461 -- Reps. Tucker, Herdklotz, G. Brown, J. Brown, Inabinett, Bailey, McMahand, Dantzler, S. Whipper, Richardson, Knotts, Whatley, Stuart, Fulmer, Shissias, Stoddard, Koon, Byrd, Vaughn, Waldrop, Martin, McCraw, Delleney, Easterday, J. Young, Law, Lloyd, Meacham, Tripp, Felder, Phillips, Lanford, McKay and Kinon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-75 SO AS TO PROVIDE THAT NO PERSON

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

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