Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

========================= L P I T S
=========================

1996 HOUSE BILLS AND RESOLUTIONS

Return to the Contents Page of the House Bills and Resolutions Index

H. 4358 -- Reps. Robinson, Sandifer, Cain, D. Smith, Herdklotz, Kirsh and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-220 SO AS TO DEVOLVE THE FUNCTIONS OF THE JOINT BOND REVIEW COMMITTEE ON THE WAYS AND MEANS COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE SENATE FINANCE COMMITTEE AND TO REPEAL SECTIONS 2-47-20 AND 2-47-30, RELATING TO THE ESTABLISHMENT AND MEMBERSHIP OF THE JOINT BOND REVIEW COMMITTEE.

H. 4359 -- Reps. Lanford, Cain, Bailey, Simrill, Herdklotz, Seithel and Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-567 SO AS TO CREATE A MISDEMEANOR FOR KNOWINGLY MAKING A FALSE REPORT OF ABUSE OR NEGLECT AND TO PROVIDE PENALTIES; TO AMEND SECTION 20-7-540, RELATING TO IMMUNITY FROM LIABILITY FOR GOOD FAITH REPORTING OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT THERE IS NO IMMUNITY IF A PERSON DOES NOT ACT IN GOOD FAITH; AND TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF ABUSE AND NEGLECT REPORTS AND RECORDS, SO AS TO ALLOW THE RELEASE OF INFORMATION IDENTIFYING A REPORTER WHEN THE COURT FINDS PROBABLE CAUSE THAT THE REPORTER WAS NOT ACTING IN GOOD FAITH.

H. 4360 -- Reps. Hallman, Keyserling, Cain, Bailey, Simrill, Kirsh and Seithel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-45-73 SO AS TO REQUIRE REAL PROPERTY TAX BILLS TO CONTAIN A STATEMENT OF THE PRECEDING YEAR'S TAX DUE IN EACH CATEGORY OF TAX IMPOSED FOR THE CURRENT TAX YEAR AND TO PROVIDE EXCEPTIONS.

H. 4361 -- Reps. P. Harris, Waldrop, Neilson, Lanford, Inabinett, Keyserling, Cain, Shissias, T. Brown, J. Brown, Jennings, Harvin, Carnell, Rogers and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-36-325 SO AS TO DIRECT THE ALZHEIMER'S DISEASE AND RELATED DISORDERS RESOURCE COORDINATION CENTER TO DEVELOP A GRANT PROGRAM TO ASSIST WITH PROBLEMS RELATIVE TO THIS DISEASE AND TO REQUIRE THE GRANT RECIPIENT TO PROVIDE MATCHING FUNDS OR IN-KIND CONTRIBUTIONS.

H. 4362 -- Reps. Cromer, Hodges and D. Smith: A BILL TO AMEND SECTION 62-5-433, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURES FOR THE SETTLEMENT OF CLAIMS IN FAVOR OF OR AGAINST MINORS OR INCAPACITATED PERSONS, SO AS TO FURTHER PROVIDE FOR THE PARTICULAR CIRCUIT OR PROBATE COURT WHICH HAS JURISDICTION OVER SUCH CLAIMS.

H. 4363 -- Reps. Keyserling and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-470 SO AS TO LIMIT TO WHOM A PHARMACIST OR DRUG OUTLET MAY SELL PHARMACY RECORDS AND TO REQUIRE CONSENT FROM EACH CUSTOMER WHOSE RECORDS ARE TO BE SOLD.

H. 4364 -- Reps. Lloyd and Inabinett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-1035 SO AS TO PROHIBIT A STATE AGENCY, DEPARTMENT, COMMISSION, OR BOARD FROM COMMITTING OR EXPENDING FUNDS FROM FEDERAL BLOCK GRANTS WITHOUT PRIOR AUTHORIZATION OR THE APPROPRIATION OF THESE FUNDS IN THE GENERAL APPROPRIATIONS ACT.

H. 4365 -- Reps. Lanford, Walker, Keyserling, Jennings, Cain, Bailey, Law, Simrill, Herdklotz and Seithel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-61-65 SO AS TO ESTABLISH LICENSURE REQUIREMENTS FOR FIRST RESPONDER EMERGENCY MEDICAL SERVICES ORGANIZATIONS; TO AMEND SECTION 44-61-20, RELATING TO DEFINITIONS FOR "THE EMERGENCY MEDICAL SERVICES ACT OF SOUTH CAROLINA" SO AS TO DEFINE EMT FIRST RESPONDER AGENCY; TO AMEND SECTION 44-61-30, RELATING TO STANDARDS FOR EMERGENCY MEDICAL SERVICES AND THE CREATION OF THE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL SO AS TO INCLUDE IN THE EMS PROGRAM THE LICENSING OF EMT FIRST RESPONDER AGENCIES, THE DESIGNATION OF TRAUMA CENTERS, AND THE CATEGORIZATION OF HOSPITAL EMERGENCY DEPARTMENTS AND TO EXPAND THE MEMBERSHIP OF THE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL; TO AMEND SECTION 44-61-40, RELATING TO EMERGENCY MEDICAL LICENSES AND PERMITS, SO AS TO REQUIRE A LICENSE AND PERMIT FOR PROVIDING EMT FIRST RESPONSE OR AMBULANCE SERVICE RATHER THAN FOR TRANSPORTING PATIENTS; TO AMEND SECTION 44-61-90, RELATING TO AMBULANCE SERVICE RECORDS SO AS TO REQUIRE RECORDKEEPING OF PATIENT CARE RATHER THAN OF AMBULANCE RUNS; AND TO AMEND SECTION 44-61-140, RELATING TO REQUIREMENTS FOR EXISTING RESCUE UNITS SO AS TO PROVIDE THAT IN PERFORMING THEIR FUNCTIONS THESE UNITS MAY NOT CONFLICT WITH LICENSED AGENCIES RATHER THAN WITH AMBULANCE SERVICES.

H. 4366 -- Reps. Cotty, Trotter, Allison, Cain, Shissias, Cobb-Hunter, Byrd, Wells and Seithel: A BILL TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLES, BY ADDING ARTICLE 28 SO AS TO ENACT THE CHILD BICYCLE SAFETY ACT AND TO REQUIRE CHILDREN TO USE BICYCLE HELMETS WHEN THEY ARE BICYCLE OPERATORS OR PASSENGERS, TO PROVIDE PENALTIES, AND TO ESTABLISH THE "BICYCLE SAFETY FUND" FOR USE IN PROVIDING BICYCLE SAFETY PROGRAMS AND ASSISTING LOW INCOME FAMILIES IN PURCHASING HELMETS.

H. 4367 -- Reps. Townsend, Littlejohn, Hutson, Bailey, Allison and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-601 SO AS TO EXEMPT PERSONS OWNING ANTIQUE MOTOR VEHICLES FROM THE REINSURANCE FACILITY RECOUPMENT CHARGE.

H. 4368 -- Reps. Martin and Robinson: A BILL TO AMEND TITLE 24, CHAPTER 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JAIL AND PRISON INSPECTION PROGRAMS, SO AS TO TRANSFER RESPONSIBILITIES UNDER THIS CHAPTER FROM THE DEPARTMENT OF CORRECTIONS TO THE STATE BUDGET AND CONTROL BOARD; TO ESTABLISH PROCEDURES FOR DEVELOPING AND ENFORCING MINIMUM STANDARDS; AND TO CREATE A RESOURCE, INFORMATION, AND TECHNICAL ASSISTANCE CENTER FOR CONFINEMENT FACILITIES.

H. 4369 -- Reps. Cato, Kirsh, Riser, Vaughn and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-39-40 SO AS TO PROVIDE FOR THE VOLUNTARY WITHHOLDING OF STATE AND FEDERAL INCOME TAXES FROM UNEMPLOYMENT COMPENSATION.

H. 4370 -- Reps. Govan, Moody-Lawrence and Clyburn: A BILL TO AMEND SECTION 59-19-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION OF A SCHOOL DISTRICT TO ESTABLISH THREE-YEAR-OLD AND FOUR-YEAR-OLD CHILD DEVELOPMENT PROGRAMS; AND TO AMEND SECTION 59-63-20, AS AMENDED, RELATING TO THE AGE OF ATTENDANCE IN THE PUBLIC SCHOOLS, SO AS TO PROVIDE THAT THREE-YEAR-OLD AND FOUR-YEAR-OLD CHILD DEVELOPMENT PROGRAMS ESTABLISHED BY A DISTRICT MUST BE OPEN TO ALL STUDENTS OF THE DISTRICT AND NOT JUST TO EDUCATIONALLY DISADVANTAGED OR HANDICAPPED STUDENTS.

H. 4371 -- Reps. Klauber, Herdklotz, Hutson, Robinson, Haskins, J. Young, Simrill, Riser, Vaughn, Law and Meacham: A BILL TO AMEND TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTIONS, 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.

H. 4372 -- Reps. Lanford, Herdklotz, Bailey and Clyburn: A BILL TO AMEND SECTIONS 49-11-10 AND 49-11-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITIONS AGAINST OVERFLOWING OR KEEPING WATER UPON THE LAND OF ANOTHER PERSON, SO AS TO PROVIDE THAT RELEASING RESERVED WATER MAY NOT INJURE THE PROPERTY OF ANOTHER AND TO AUTHORIZE A CIVIL ACTION FOR INJUNCTIVE RELIEF AND MONETARY DAMAGES FOR VIOLATIONS.

H. 4373 -- Reps. Fair, Herdklotz, Haskins, Vaughn and Easterday: A BILL TO AMEND SECTION 16-15-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDECENT EXPOSURE, SO AS TO PROHIBIT NUDITY AND TO DEFINE NUDITY.

H. 4374 -- Reps. Haskins, Fair, Herdklotz, Simrill, Vaughn, Walker and Easterday: A BILL TO AMEND TITLE 44, CHAPTER 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABORTIONS, BY ADDING ARTICLE 7 SO AS TO PROHIBIT POST-VIABILITY ABORTIONS, TO PROVIDE EXCEPTIONS, TO PROVIDE PROCEDURES TO FOLLOW IN MAKING AN EXCEPTION, AND TO PROVIDE CRIMINAL PENALTIES.

H. 4375 -- Reps. Hutson, Keyserling and Bailey: A JOINT RESOLUTION TO PROVIDE THAT AN EMPLOYEE OR CAREGIVER IN A CHILD DAYCARE CENTER IS NOT REQUIRED TO UNDERGO FINGERPRINT REVIEWS IF THE PERSON CONTINUOUSLY HAS BEEN EMPLOYED IN OR HAS PROVIDED CAREGIVER SERVICES IN A DAYCARE SETTING SINCE JULY 1, 1993.

H. 4376 -- Reps. Richardson, Keyserling and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-738 SO AS TO PROVIDE FOR A SYSTEM WHEREBY THE DEPARTMENT OF INSURANCE ISSUES TO EACH FIRST TIME DRIVER'S LICENSE APPLICANT WHO IS AT LEAST FIFTEEN YEARS OLD BUT LESS THAN SEVENTEEN YEARS OLD A DRIVER TRAINING VOUCHER, AND PROVIDE FOR RELATED MATTERS; BY ADDING SECTION 38-73-739 SO AS TO PROVIDE THAT THE RATE OR PREMIUM CHARGED BY INSURERS OF PRIVATE PASSENGER AUTOMOBILE INSURANCE MUST INCLUDE A THREE DOLLAR DRIVER EDUCATION FEE; AND BY ADDING SECTION 56-1-75 SO AS TO PROVIDE THAT A DRIVER'S LICENSE CANNOT BE ISSUED TO ANY PERSON WHO IS AT LEAST FIFTEEN YEARS OLD BUT UNDER SEVENTEEN YEARS OLD UNTIL THE PERSON HAS PROVIDED EVIDENCE OF SATISFACTORY COMPLETION OF AN APPROVED DRIVER TRAINING COURSE AS PROVIDED IN SECTION 38-73-738, AND PROVIDE FOR RELATED MATTERS.

H. 4377 -- Reps. Fair, Herdklotz and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO PROVIDE FOR THE CRIME OF FELONY CRIMINAL ASSISTANCE TO SUICIDE, AND TO PROVIDE PENALTIES.

H. 4378 -- Reps. Simrill, Hutson and Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-436 SO AS TO PROVIDE THAT A CHILD MAY BE CONSIDERED NEGLECTED AS TO PROPER EDUCATION FOR THE PURPOSES OF THE JURISDICTION OF THE FAMILY COURT IF HIS PARENTS OR GUARDIANS AFTER TWO REQUESTS FAIL TO ATTEND A MEETING CALLED BY THE PRINCIPAL OF THE SCHOOL IN WHICH THE CHILD IS ENROLLED TO ADDRESS ACADEMIC OR BEHAVIORAL PROBLEMS CONCERNING THE CHILD AND TO AUTHORIZE THE SCHOOL PRINCIPAL TO INSTITUTE NEGLECT PROCEEDINGS IN THE FAMILY COURT REGARDING THIS CHILD FOR HIS PARENT'S OR GUARDIAN'S FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION.

H. 4379 -- Reps. Byrd, Moody-Lawrence, Harvin, J. Brown, White and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-225 TO ENACT THE BONE MASS MEASUREMENT COVERAGE ACT SO AS TO REQUIRE INDIVIDUAL OR GROUP ACCIDENT AND HEALTH OR HEALTH INSURANCE POLICIES TO INCLUDE COVERAGE FOR BONE MASS MEASUREMENT FOR THE PREVENTION, DIAGNOSIS, AND TREATMENT OF OSTEOPOROSIS.

H. 4380 -- Reps. Haskins, Littlejohn, Herdklotz, Simrill, Vaughn, Walker and Easterday: A BILL TO AMEND TITLE 44, CHAPTER 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABORTIONS BY ADDING ARTICLE 5 SO AS TO ENACT THE PARTIAL-BIRTH ABORTION BAN ACT WHICH PROHIBITS PARTIAL-BIRTH ABORTIONS AND WHICH PROVIDES CRIMINAL PENALTIES AND A CIVIL CAUSE OF ACTION.

H. 4381 -- Reps. Bailey, Keyserling, Jennings, Simrill, Riser and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-215 SO AS TO PROHIBIT A HEALTH BENEFIT POLICY FROM REQUIRING AS A CONDITION FOR THE COVERAGE OF DERMATOLOGICAL SERVICES THAT THE INSURED FIRST OBTAIN A REFERRAL FROM A PRIMARY CARE PHYSICIAN.

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

H. 4383 -- Reps. Martin and Haskins: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION AND ASSESSMENT RATIOS OF PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO DELETE THE ROLLBACK TAX AND TO IMPOSE A CHANGE OF USE PENALTY IN THE AMOUNT OF FIFTY DOLLARS WHEN REAL PROPERTY IS CHANGED FROM AGRICULTURAL USE.

H. 4384 -- Reps. Harrison, Keyserling, Simrill, Riser, Allison, Gamble and Richardson: A BILL TO AMEND SECTION 8-13-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991, SO AS TO INCLUDE WITHIN THE DEFINITION OF "ECONOMIC INTEREST" THE ASSUMPTION THAT A PUBLIC OFFICIAL OR PUBLIC MEMBER HAS AN ECONOMIC INTEREST IN ANY BUDGETARY OR APPROPRIATION MATTER AFFECTING ANY PUBLIC AGENCY BY WHICH THE PUBLIC OFFICIAL OR PUBLIC MEMBER OR MEMBER OF HIS IMMEDIATE FAMILY IS EMPLOYED; AND TO AMEND SECTION 8-13-700, AS AMENDED, RELATING TO PROHIBITING A PUBLIC OFFICIAL FROM USING HIS OFFICIAL POSITION OR OFFICE FOR FINANCIAL GAIN, SO AS TO PROHIBIT A PUBLIC OFFICIAL OR PUBLIC MEMBER EMPLOYED BY ANY PUBLIC AGENCY FROM DELIBERATING OR VOTING ON ANY MATTER AFFECTING THE BUDGET OR APPROPRIATION OF THE PUBLIC AGENCY BY WHICH HE IS EMPLOYED, AND TO PROVIDE AN EXCEPTION.

H. 4385 -- Reps. Davenport, J. Hines, Wells, Littlejohn, Haskins, Bailey and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-36-40 SO AS TO ESTABLISH THE MINIMUM REQUIREMENTS OF THE BEST MANAGEMENT PRACTICES GUIDELINES OF THE STATE COMMISSION ON FORESTRY, TO MAKE COMPLIANCE WITH THE GUIDELINES MANDATORY, AND TO PROVIDE A CIVIL PENALTY FOR VIOLATIONS.

H. 4386 -- Reps. Cotty, Bailey and Riser: A BILL TO AMEND SECTION 8-11-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIOR SERVICE CREDIT FOR STATE EMPLOYEES FOR PURPOSES OF CALCULATING AN EMPLOYEE'S ANNUAL LEAVE, SO AS TO PROVIDE STATE SERVICE CREDIT FOR FULL-TIME PRIOR EMPLOYMENT FOR A COUNTY GOVERNMENT.

H. 4387 -- Reps. McElveen and J. Young: A BILL TO ENACT THE OMNIBUS HIGHWAY SAFETY ACT BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-285 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS AN ALCOHOL CONCENTRATION IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY; BY ADDING SECTION 56-5-2951 SO AS TO PROVIDE FOR AN ADMINISTRATIVE DRIVER'S LICENSE AND PERMIT REVOCATION PROCEDURE FOR A PERSON ARRESTED WHILE DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE; BY AMENDING SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF MOTOR VEHICLE LAWS, SO AS TO DEFINE "ALCOHOL" AND "ALCOHOL CONCENTRATION"; BY AMENDING SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF COMMERCIAL DRIVER'S LICENSES, SO AS TO DELETE THE DEFINITION FOR "ALCOHOL" AND "ALCOHOL CONCENTRATION"; BY AMENDING SECTION 56-5-2930, RELATING TO THE UNLAWFUL USE OF NARCOTICS, LIQUOR, DRUGS, OR SIMILAR SUBSTANCES BY A MOTOR VEHICLE DRIVER, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH A PERSON MAY NOT OPERATE A MOTOR VEHICLE; BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS ON A MOTOR VEHICLE OPERATOR, SO AS TO REVISE THE PROCEDURE FOR UTILIZING THE TEST RESULTS, TO DELETE THE DRIVER'S LICENSE AND PERMIT SUSPENSION PROCEDURE, AND TO MAKE TECHNICAL CHANGES; AND BY AMENDING SECTION 56-5-6540, RELATING TO ENFORCEMENT AND PENALTIES FOR FAILING TO WEAR A SAFETY BELT, SO AS TO INCREASE THE FINE FROM TEN TO TWENTY-FIVE DOLLARS, AND TO AUTHORIZE ENFORCEMENT OF SAFETY BELT VIOLATIONS IN THE ABSENCE OF OTHER VIOLATIONS.

H. 4388 -- Reps. McElveen, Keyserling and J. Young: A BILL TO AMEND SECTION 8-21-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST A STATE AGENCY OR DEPARTMENT SETTING A FEE FOR PERFORMING ANY DUTY OR RESPONSIBILITY UNLESS THE FEE IS AUTHORIZED BY LAW AND THE EXCEPTIONS THERETO, SO AS TO DELETE A PROVISION WHICH AUTHORIZES A STATE AGENCY TO CHARGE FEES FOR SERVICES TO OTHER STATE AGENCIES AND INSTEAD PROVIDE THAT NO SUCH FEE MAY BE CHARGED UNLESS IT IS SPECIFICALLY REQUIRED BY LAW.

H. 4389 -- Reps. Keyserling and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-407 SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY MAY CONFISCATE AND DISPOSE OF A TOOL OR DEVICE USED DURING THE COMMISSION OF A CRIME.

H. 4390 -- Reps. Cave and Keyserling: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES TO BE CONDUCTED BY THE STATE, TO ALLOW ANY COUNTY, BY REFERENDUM TO ELECT NOT TO PARTICIPATE IN THE STATE-RUN LOTTERY, TO PROVIDE THAT LOTTERY PROCEEDS MUST BE USED FOR EDUCATIONAL PURPOSES AND THE GENERAL ASSEMBLY BY LAW SHALL PROVIDE FOR THE MANNER IN WHICH THE LOTTERY PROCEEDS, LESS APPROPRIATE EXPENSES NOT TO EXCEED FIFTEEN PERCENT OF LOTTERY REVENUES, SHALL BE EXPENDED, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL HAVE THE AUTHORITY TO PROHIBIT LOTTERY REVENUES FROM BEING EXPENDED FOR THE BENEFIT OF A COUNTY OR ITS RESIDENTS THAT DO NOT PARTICIPATE IN THE LOTTERY.

H. 4391 -- Reps. Haskins, Law and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1527 SO AS TO PROVIDE A MAXIMUM SPEED LIMIT FOR TWO OR THREE-UNIT COMBINATION TRAILERS AND SEMITRAILERS.

H. 4392 -- Reps. Byrd, Moody-Lawrence, J. Brown, Lloyd, Kinon, J. Hines, T. Brown, Harvin, Cobb-Hunter, White and Cave: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 125 TO ENACT THE OSTEOPOROSIS PREVENTION AND TREATMENT EDUCATION ACT SO AS TO ESTABLISH THE OSTEOPOROSIS EDUCATION FUND TO BE ADMINISTERED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO ESTABLISH THE PURPOSE OF THE FUND AND THE DEPARTMENT'S RESPONSIBILITIES IN CARRYING OUT THE PURPOSE OF THE FUND.

H. 4393 -- Reps. Limehouse, Haskins, Simrill, Bailey, Law and Gamble: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 16 TO CHAPTER 13, TITLE 24, SO AS TO PROVIDE ELECTRONIC HOME DETENTION AS AN ALTERNATIVE TO PRETRIAL OR PREADJUDICATORY DETENTION OF HIGH-RISK AND VIOLENT ADULTS AND JUVENILES.

H. 4394 -- Reps. Byrd, Harvin, J. Brown, White, Cave, Moody-Lawrence, Clyburn and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-3-95 SO AS TO PROVIDE THAT AS PART OF ANNUAL IN-SERVICE TRAINING, TEACHERS AND SCHOOL ADMINISTRATORS SHALL RECEIVE INSTRUCTION IN CONFLICT RESOLUTION AND PEER MEDIATION IN THE MANNER THE STATE DEPARTMENT OF EDUCATION SHALL PROVIDE.

H. 4395 -- Reps. Fair, Haskins, Simrill and Vaughn: A BILL TO AMEND SECTION 44-41-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INFORMATION REQUIRED TO BE PROVIDED TO A WOMAN PRIOR TO PERFORMING AN ABORTION, SO AS TO INCLUDE INFORMATION REGARDING RESEARCH WHICH LINKS ABORTION TO BREAST CANCER; AND TO AMEND SECTION 44-41-340, RELATING TO MATERIALS WHICH MUST BE PUBLISHED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO INCLUDE IN THESE MATERIALS A SUMMARY OF THE RESEARCH LINKING ABORTION TO BREAST CANCER.

H. 4396 -- Reps. Harvin, Herdklotz, Riser, Moody-Lawrence and Clyburn: A BILL TO ESTABLISH AN AFRICAN-AMERICAN HISTORY MONUMENT TO BE ERECTED ON THE STATE HOUSE GROUNDS, TO CREATE A COMMISSION TO SELECT THE DESIGN AND PLACEMENT OF THE MONUMENT, AND TO FURTHER DIRECT THE COMMISSION TO CONDUCT A FEASIBILITY STUDY FOR AN AFRICAN AMERICAN HISTORY MUSEUM.

H. 4397 -- Reps. Wilkins, Huff, Sharpe, H. Brown, D. Smith, Cato, Townsend, Haskins, J. Brown, Littlejohn, Herdklotz, Hutson, J. Young, Jennings, Simrill, Bailey, Harrell, Allison, Law, Walker, Gamble and Richardson: A BILL ENACTING THE ECONOMIC DEVELOPMENT INDUSTRIAL CLUSTER ACT OF 1996, BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-6-3480, 38-7-190, 12-10-45, AND 12-20-105 SO AS TO ALLOW CERTAIN INCOME TAX CREDITS TO BE APPLIED AGAINST INSURANCE PREMIUM TAX LIABILITIES AND VICE VERSA, TO ALLOW CERTAIN INCOME TAX CREDITS TO BE APPLIED AGAINST CORPORATE LICENSE FEES, AND TO PROVIDE FOR THE DESIGNATION OF ADDITIONAL ENTERPRISE ZONES IN THE CASE OF PROJECTS OF QUALIFYING TIRE MANUFACTURERS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO EXTEND THE TAX CREDIT CARRY FORWARD PERIOD FROM TEN TO FIFTEEN YEARS; TO AMEND SECTION 12-10-70, RELATING TO ADDITIONAL TAX CREDITS ALLOWED IN ENTERPRISE ZONES AND OTHER SITUATIONS RELATED TO SOCIO-ECONOMIC STATUS, SO AS TO EXTEND THESE PROVISIONS TO QUALIFYING TIRE MANUFACTURERS AND ALLOW THE QUALIFICATION OF A PERCENTAGE OF TRANSFERRED EMPLOYEES AS NEW EMPLOYEES IN THE CASE OF AN ELIGIBLE TIRE MANUFACTURER; TO AMEND SECTION 12-10-80, RELATING TO THE JOB DEVELOPMENT FEES ALLOWED QUALIFYING BUSINESSES, SO AS TO CLARIFY THE STATUS OF THE FEES IN THE EVENT OF DISQUALIFICATION AND PROVIDE ADDITIONAL CIRCUMSTANCES UNDER WHICH JOB DEVELOPMENT FEES MAY BE EXPENDED; TO AMEND SECTION 12-14-30, RELATING TO DEFINITIONS UNDER THE ECONOMIC IMPACT ZONE COMMUNITY DEVELOPMENT ACT OF 1995, SO AS TO PROVIDE ADDITIONAL ELIGIBILITY FOR QUALIFYING FOR THE BENEFITS ALLOWED IN THE ACT; TO AMEND SECTION 12-21-2423, AS AMENDED, RELATING TO THE RETENTION OF A PORTION OF ADMISSIONS LICENSE TAXES FOR MAJOR TOURISM OR RECREATION PROJECTS, SO AS TO CLARIFY THE APPLICATION OF THE PROVISION ALLOWING THE RETENTION OF THESE TAX REVENUES; TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY AND ALLOWABLE DEPRECIATION OF PROPERTY FOR PURPOSES OF PROPERTY TAXATION, SO AS TO ALLOW A HIGHER DEPRECIATION RATE FOR RUBBER PRODUCTS AND ALLOW A LOWER DEPRECIATION LIMIT FOR QUALIFYING TIRE MANUFACTURERS; AND TO PROVIDE THE DUTIES OF THE CODE COMMISSIONER IN THE PREPARATION OF THE CUMULATIVE SUPPLEMENT WITH RESPECT TO SECTION 12-10-70 AS AMENDED BY THIS ACT.

H. 4398 -- Reps. Harrison, Cromer, Jennings, Hutson, Bailey and Allison: A BILL TO AMEND TITLE 40, CHAPTER 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 SO AS TO DEFINE "RETAILER", TO REQUIRE A RETAILER TO KEEP A RECORD OF THE SOURCE OF NEW MERCHANDISE THAT THE RETAILER OFFERS FOR SALE, TO SPECIFY THE TYPE OF RECORD OR DOCUMENTATION THAT IS REQUIRED, TO PROVIDE THAT THE MERCHANDISE MAY BE CONFISCATED BY A LAW ENFORCEMENT OFFICER UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE EXEMPTIONS, AND TO PROVIDE A PENALTY FOR VIOLATION.

H. 4399 -- Reps. Whatley, Herdklotz, Hutson, Haskins, Bailey, Law and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-1-130 SO AS TO PROHIBIT THE SUBMISSION TO THE DEPARTMENT OF REVENUE AND TAXATION OF AN APPLICATION FOR A RETAIL LIQUOR LICENSE FOR A LOCATION WITHIN TWO YEARS OF THE REJECTION OF A SIMILAR LICENSE FOR THE SAME LOCATION, TO REQUIRE ALL APPLICATIONS FOR BEER, WINE, AND ALCOHOLIC LIQUOR PERMIT AND LICENSE RENEWALS FILED WITH THE DEPARTMENT TO CONTAIN THE APPLICANT'S STATEMENT OF COMPLIANCE WITH THE REQUIREMENTS OF LAW RELATING TO THESE PERMITS AND LICENSES OR A RECORD OF VIOLATIONS FOR THE LOCATION, AND TO ALLOW THE DEPARTMENT TO REJECT AN APPLICATION WHEN IT DETERMINES A PATTERN OF VIOLATIONS FOR THE LOCATION; AND TO AMEND SECTION 61-3-440, AS AMENDED, RELATING TO THE DISTANCE FROM A CHURCH, SCHOOL, OR PLAYGROUND REQUIRED FOR A PLACE OF BUSINESS TO BE LICENSED TO SELL ALCOHOLIC LIQUORS, SO AS TO REQUIRE A MINIMUM ONE THOUSAND FEET REGARDLESS OF LOCATION, AND TO EXEMPT FROM THE REQUIREMENT RENEWAL OF LICENSES OF ESTABLISHMENTS OR LOCATIONS LICENSED AS OF JULY 1, 1996.

H. 4400 -- Rep. Wilkins: A HOUSE RESOLUTION TO SET THURSDAY, JANUARY 11, 1996, AT 10:30 A.M. AS THE TIME FOR ELECTING MEMBERS TO FILL VACANCIES ON THE HOUSE LEGISLATIVE ETHICS COMMITTEE.

H. 4401 -- Reps. Wilkins, Harrison and H. Brown: A BILL TO AMEND SECTION 24-13-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFINEMENT OF PRISONERS, AND WORK RELEASE PROGRAM ELIGIBILITY, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-125, AS AMENDED, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK RELEASE, SO AS TO SUBSTITUTE CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSES" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-150, AS AMENDED, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION, SO AS TO SUBSTITUTE CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE", AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO ELIGIBILITY FOR AND FORFEITURE OF GOOD CONDUCT CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME ANY PRISONER CAN EARN OFF HIS SENTENCE FOR GOOD BEHAVIOR TO THREE DAYS A MONTH, AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO ELIGIBILITY FOR EDUCATION CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME ANY PRISONER CAN EARN OFF HIS SENTENCE FOR PARTICIPATING IN AN EDUCATION PROGRAM TO SIX DAYS A MONTH, AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-610, AS AMENDED, RELATING TO EXTENDED WORK RELEASE PROGRAMS, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-650, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED THE CRIME, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTIONS 24-13-710 AND 24-13-720, BOTH AS AMENDED, RELATING TO THE SUPERVISED FURLOUGH PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-1310, AS AMENDED, RELATING TO THE SHOCK INCARCERATION PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-21-30, AS AMENDED, RELATING TO PAROLE, SO AS TO ELIMINATE PAROLE FOR ANY CRIMES; TO AMEND SECTION 24-21-560, AS AMENDED, RELATING TO PRISONERS WHO MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM OPERATED BY THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES BEFORE THEIR RELEASE FROM THE CRIMINAL JUSTICE SYSTEM, SO AS TO PROVIDE THAT A PERSON SENTENCED TO A TERM OF IMPRISONMENT OF TWENTY YEARS OR MORE MUST COMPLETE NOT MORE THAN TWO YEARS OF COMMUNITY SUPERVISION AS A PART OF HIS SENTENCE, AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; AND TO PROVIDE THAT ALL PROCEEDINGS PENDING AT THE TIME THIS ACT TAKES EFFECT ARE SAVED AND THAT THE PROVISIONS OF THIS ACT APPLY PROSPECTIVELY.

H. 4402 -- Rep. Cobb-Hunter: A JOINT RESOLUTION AUTHORIZING THE COMMISSION FOR MINORITY AFFAIRS TO RECEIVE FUNDS FROM PUBLIC AND PRIVATE SOURCES FOR RESEARCH, FORUMS, TRAINING, AND INSTITUTES AND TO ALLOW THESE FUNDS TO BE RETAINED BY THE COMMISSION AND CARRIED FORWARD INTO FISCAL YEAR 1996-97 AND EXPENDED FOR THE SAME PURPOSES.

H. 4403 -- Rep. P. Harris: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-1035 SO AS TO REQUIRE A DEPARTMENT, AGENCY, BOARD, OR COMMISSION OF THE STATE TO PAY FINES LEVIED AGAINST IT FROM APPROPRIATED FUNDS RATHER THAN FROM OTHER SOURCES.

H. 4404 -- Rep. Richardson: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERAN'S AFFAIRS OFFICERS, SO AS TO PROVIDE THAT BY RESOLUTION OF THE COUNTY LEGISLATIVE DELEGATION, THE AUTHORITY TO RECOMMEND THE APPOINTMENT OR REMOVAL OF THESE OFFICERS MAY BE DEVOLVED ON THE GOVERNING BODY OF THE COUNTY AND TO PROVIDE THOSE CIRCUMSTANCES UNDER WHICH THIS DEVOLUTION MAY BE REVERSED.

H. 4405 -- Rep. Fulmer: A BILL TO AMEND SECTION 38-77-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE STATE'S AUTOMOBILE INSURANCE LAW, SO AS TO ADD A DEFINITION FOR "RETIRING DESIGNATED INSURER"; AND TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE, THE REQUIREMENT THAT INSURERS MUST INSURE, AND EXCEPTIONS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT RETIRING DESIGNATED INSURERS MAY CANCEL OR REFUSE TO RENEW ONLY CEDED REINSURANCE FACILITY POLICIES WRITTEN THROUGH DESIGNATED AGENTS.

H. 4406 -- Rep. P. Harris: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-1035 SO AS TO REQUIRE A DEPARTMENT, AGENCY, BOARD, OR COMMISSION OF THE STATE TO PAY FINES LEVIED AGAINST IT FROM APPROPRIATED FUNDS RATHER THAN FROM OTHER SOURCES.

Last Updated: Monday, June 29, 2009 at 1:45 P.M.