SENATE JOURNAL for May 30, 1996 - South Carolina Legislature Online

South Carolina General Assembly
111th Session, 1995-1996
Journal of the Senate

THURSDAY, MAY 30, 1996

Thursday, May 30, 1996
(Statewide Session)

~~Indicates Matter Stricken~~
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear a word from Jeremiah, Chapter 23 (v. 28):

"Let the prophet who has a dream

tell the dream, but

Let him who has my word

speak my word faithfully,

What has straw in common with wheat?

says the Lord."
Let us pray.

Our Father and our God, You have spoken to us through the prophets: we know that straw is fit only to be cast onto the ground for cattle to walk on and lie upon, and that wheat is for bread, and strength, and life for the children of mankind.

Help us, at this stage in our General Assembly, to be able to decide between the essential and the inconsequential, between the shadow and the substance, between the glitter and the real gold.

Where we are led by empty dreams, give us a firm word, the right decisions, and courage to speak out.

As we make our plans for the remainder of this session, give us a sense of values and perspective.

May we not overlook any important cause crying for help, nor weaken any program by failing to take the needed action.

We pray in the name of the Giver of Life and Light.

Amen.

Point of Quorum

At 11:05 A.M., Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator MOORE moved that a call of the Senate be made. The following Senators answered the call:

Alexander                 Boan                      Bryan
Cork                      Courson                   Fair
Ford                      Giese                     Gregory
Hayes                     Holland                   Hutto
Land                      Lander                    Leatherman
Leventis                  Martin                    Matthews
McConnell                 McGill                    Mescher
Moore                     O'Dell                    Passailaigue
Patterson                 Peeler                    Rankin
Richter                   Rose                      Russell
Ryberg                    Setzler                   Short
Smith, G.                 Thomas                    Waldrep
Wilson

A quorum being present, the Senate resumed.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

ACTING PRESIDENT PRESIDES

At 11:10 A.M., Senator MARTIN assumed the Chair.

Doctor of the Day

Senator CORK introduced Dr. Oswald Mikell of Beaufort, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator MATTHEWS, at 11:40 A.M., Senator WASHINGTON was granted a leave of absence for the balance of the day.

Message from the House

Columbia, S.C., May 29, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that 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:

S. 507 -- Senator Wilson: A BILL TO AMEND SECTION 40-17-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF A PRIVATE DETECTIVE BUSINESS, SO AS TO REVISE THE QUALIFICATIONS AN APPLICANT WHO DESIRES TO OPERATE A PRIVATE DETECTIVE BUSINESS MUST POSSESS, AND TO ESTABLISH THE QUALIFICATIONS A PRIVATE DETECTIVE EMPLOYED BY A PRIVATE DETECTIVE BUSINESS MUST POSSESS.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 29, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3269 -- Reps. Richardson, P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Kelley, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-69-77 SO AS TO ALLOW A LICENSED CONTINUING CARE RETIREMENT COMMUNITY THAT OPERATES A HOME HEALTH AGENCY AND A NURSING HOME TO SHARE CERTAIN SERVICES BETWEEN THE HOME HEALTH AGENCY AND THE NURSING HOME; AND TO AMEND SECTION 44-69-75, RELATING TO REQUIRING A HOME HEALTH AGENCY TO OBTAIN A CERTIFICATE OF NEED BEFORE BEING LICENSED, SO AS TO EXEMPT CERTAIN CONTINUING CARE RETIREMENT COMMUNITIES WHICH PROVIDE HOME HEALTH SERVICES TO ITS RESIDENTS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

H. 3730--CONFERENCE COMMITTEE APPOINTED
Message from the House

Columbia, S.C., May 29, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:

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,
Speaker of the House

On motion of Senator PEELER, the Senate insisted upon its amendments to H. 3730 and asked for a Committee of Conference.

Senator PEELER spoke on the motion.

Whereupon, the PRESIDENT appointed Senators PEELER, COURTNEY and BRYAN of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 29, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3992 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 20-7-1440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT FEES, SO AS TO AUTHORIZE RATHER THAN REQUIRE THE COURT TO ASSESS A FEE AGAINST A DEFENDANT IN CHILD ABUSE AND NEGLECT CASES AND TO EXEMPT INDIGENT DEFENDANTS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 29, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Littlejohn, Allison and Townsend of the Committee of Conference on the part of the House on:

H. 4431 -- Reps. Townsend, P. Harris, Huff, H. Brown, Cooper and Stille: A BILL 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 A WEIGHTING FOR PUPILS WITH AUTISM.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 29, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has receded from its amendment to:

H. 4627 -- Reps. Cato, J. Brown, H. Brown, Boan, Vaughn, Wright, Tripp and Lanford: A BILL 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 AND PUBLIC ACCOUNTANTS PREVIOUSLY PROVIDED FOR IN CHAPTER 1 OF TITLE 40; TO AMEND TITLE 40, CHAPTER 1, AS AMENDED, RELATING TO THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS, 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.
Very respectfully,
Speaker of the House

Received as information.

H. 4627--Enrolled for Ratification

The House having receded from their amendments, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

A message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 29, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Jennings, Baxley and J. Young of the Committee of Conference on the part of the House on:

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

Received as information.

INTRODUCTION CARRIED OVER

H. 5041 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Sharpe, D. Smith, Townsend and Tucker: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21, OF THE CONSTITUTION OF THIS STATE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON TUESDAY, MAY 28, 1996, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON WEDNESDAY, JUNE 5, 1996, AND ON THURSDAY, JUNE 6, 1996, TO ADJOURN NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT PURSUANT TO SECTION 2-1-180 OF THE 1976 CODE, WHEN EACH HOUSE ADJOURNS ON THURSDAY, JUNE 6, 1996, NOT LATER THAN 5:00 P.M., IT SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON THURSDAY, JUNE 13, 1996, TO CONTINUE IF NECESSARY UNTIL FRIDAY, JUNE 14, 1996, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS, TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER THAN 5:00 P.M. ON FRIDAY, JUNE 14, 1996, IT SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON MONDAY, JUNE 24, 1996, TO CONTINUE IF NECESSARY UNTIL TUESDAY, JUNE 25, 1996, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF VETOES ONLY, AND TO PROVIDE THAT WHEN EACH HOUSE OF THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN 5:00 P.M. ON TUESDAY, JUNE 25, 1996, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.

The Senate proceeded to the order of business for the Introduction of Bills and Resolutions.

Senator MOORE was recognized to speak on the introduction of H. 5041.

On motion of Senator MOORE, with unanimous consent, the introduction of the Resolution was temporarily carried over pending distribution of copies of the Resolution.

Motion Adopted

On motion of Senator SETZLER, with unanimous consent, Senators DRUMMOND, COURTNEY and J. VERNE SMITH were granted leave to attend a meeting of the Committee of Conference on H. 4600, the General Appropriation Bill, and be counted in any quorum calls.

Call of the Senate

At 11:32 A.M., Senator MOORE, with unanimous consent, moved that a call of the Senate be made. The following Senators answered the call:

Alexander                 Boan                      Bryan
Cork                      Courson                   Courtney
Drummond                  Fair                      Ford
Giese                     Glover                    Gregory
Hayes                     Holland                   Hutto
Jackson                   Land                      Lander
Leatherman                Leventis                  Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell
Passailaigue              Patterson                 Peeler
Rankin                    Richter                   Rose
Russell                   Ryberg                    Saleeby
Setzler                   Short                     Smith, G.
Smith, J.V.               Thomas                    Waldrep
Wilson

A quorum being present, the Senate resumed.

PRESIDENT PRESIDES

At 11:42 A.M., the PRESIDENT assumed the Chair.

Presence Recorded

Senators DRUMMOND, J. VERNE SMITH, COURTNEY, REESE and ELLIOTT recorded their presence subsequent to the Call of the Senate.

CONSIDERATION INTERRUPTED

S. 378 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 60 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE SPECIAL LICENSE PLATES FOR MEMBERS OF THE SHRINERS.

The House returned the Bill with amendments.

Senator LAND moved to commit the Bill to the Committee on Transportation.

Senator WILSON moved to table the motion to commit.

Point of Order

Senator THOMAS raised a Point of Order that the motion to commit was out of order inasmuch as the Bill had already received three readings in both Houses.

The PRESIDENT overruled the Point of Order.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 27; Nays 12

AYES

Alexander                 Boan                      Cork
Courson                   Fair                      Giese
Gregory                   Hayes                     Hutto
Leatherman                Leventis                  Martin
McConnell                 McGill                    Mescher
Moore                     O'Dell                    Peeler
Richter                   Rose                      Russell
Ryberg                    Setzler                   Short
Thomas                    Waldrep                   Wilson

TOTAL--27

NAYS

Bryan                     Ford                      Glover
Holland                   Land                      Lander
Matthews                  Passailaigue              Patterson
Rankin                    Saleeby                   Smith, G.

TOTAL--12

The motion to commit was laid on the table.

Senator WILSON moved to concur in the House amendments.

Senator BRYAN argued contra to the motion to concur.

Senator LAND argued contra to the motion to concur.

OBJECTION

With Senator LAND retaining the floor, Senator COURTNEY asked unanimous consent to make a motion to take up H. 3838 for immediate consideration.

Senator MOORE objected.

Senator LAND continued arguing contra to the motion to concur.

With Senator LAND retaining the floor, Senator SALEEBY asked unanimous consent, to make a motion that the Senate stand in recess until 2:15 P.M.

Consideration was interrupted by recess, with Senator LAND retaining the floor.

RECESS

At 12:55 P.M., on motion of Senator SALEEBY, the Senate receded from business until 2:15 P.M.

AFTERNOON SESSION

The Senate reassembled at 2:20 P.M. and was called to order by the PRESIDENT.

Call of the Senate

Senator MARTIN moved that a call of the Senate be made. The following Senators answered the call:

Alexander                 Boan                      Bryan
Cork                      Courtney                  Drummond
Giese                     Glover                    Gregory
Hayes                     Holland                   Hutto
Land                      Lander                    Leatherman
Leventis                  Martin                    Matthews
McConnell                 Mescher                   Moore
Passailaigue              Patterson                 Peeler
Rankin                    Richter                   Rose
Ryberg                    Saleeby                   Setzler
Smith, G.                 Smith, J.V.               Waldrep
Wilson

A quorum being present, the Senate resumed.

RECOMMITTED

S. 378 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 60 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE SPECIAL LICENSE PLATES FOR MEMBERS OF THE SHRINERS.

The Senate resumed consideration of the Bill. The question being the concurrence with the House amendments.

Senator LAND argued contra to the motion to concur with the House amendments.

OBJECTION

Senator SALEEBY asked unanimous consent to make a motion to take up for immediate consideration, H. 5041.

Senator RYBERG objected.

Senator LAND argued contra to the motion to concur with the House amendments.

Senator LAND moved to reconsider the vote whereby the motion to commit the Bill was laid on the table.

On motion of Senator LAND, with unanimous consent, the motion to reconsider was withdrawn.

Senator LAND moved to recommit the Bill to the Committee on Transportation.

Senator WILSON moved to table the motion to recommit the Bill.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 8; Nays 30

AYES

Gregory                   Leventis                  Mescher
Peeler                    Russell                   Ryberg
Setzler                   Wilson

TOTAL--8

NAYS

Alexander                 Boan                      Bryan
Cork                      Courtney                  Drummond
Fair                      Giese                     Glover
Hayes                     Holland                   Hutto
Land                      Lander                    Martin
Matthews                  McConnell                 McGill
Moore                     O'Dell                    Passailaigue
Patterson                 Rankin                    Richter
Rose                      Saleeby                   Short
Smith, G.                 Smith, J.V.               Waldrep

TOTAL--30

The Senate refused to table the motion to recommit the Bill. The question then was the motion to recommit the Bill to the Committee on Transportation.

The Bill was recommitted to the Committee on Transportation.

THE SENATE PROCEEDED TO THE INTRODUCTION OF BILLS AND RESOLUTIONS.

CONSIDERATION INTERRUPTED

Senator MOORE was recognized to speak on the introduction of the Resolution.

Consideration was interrupted by the consideration of H. 4443.

ADOPTION OF AMENDMENT RECONSIDERED, AMENDED
READ THE THIRD TIME, RETURNED TO THE HOUSE

H. 4443 -- Reps. Wright, Richardson, Cooper, Townsend, Allison, Littlejohn, Kelley and Jaskwhich: A BILL 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 SCHOOL ACT WHICH PROVIDES FOR THE MANNER IN WHICH A CHARTER SCHOOL SHALL BE FORMED, FUNDED, REGULATED, AND GOVERNED, AND TO ESTABLISH A CHARTER SCHOOLS REVIEW COMMITTEE TO REVIEW THE IMPLEMENTATION AND EFFECTIVENESS OF THIS ACT.

With Senator MOORE retaining the floor, Senator SETZLER asked unanimous consent to take up the Bill for immediate consideration, and upon completion of H. 4443, resume consideration of H. 5041.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Motion to Reconsider Adopted
Amendment No. 5

Having voted on the prevailing side, Senator BRYAN moved to reconsider the vote whereby Amendment No. 5 was laid on the table.

The motion to reconsider was adopted.

The question then was the adoption of Amendment No. 5.

Senator BRYAN moved to table the amendment.

Amendment No. 5 was laid on the table.

Amendment No. 2

Senator MATTHEWS proposed the following Amendment No. 2 (S-EDUC\4443.11), which was adopted:

Amend the bill, as and if amended, on page 4, line 29 after /limitations./ by inserting:

/However, under no circumstances may a charter school enrollment differ from the racial composition of the school district by more than ten percent./.

Amend title to conform.

The amendment was adopted.

Amendment No. 3

Senator MATTHEWS proposed the following Amendment No. 3 (S-EDUC\4443.02), which was adopted:

Amend the bill, as and if amended, on page 6, line 35 by adding a new subitem to read:

/( ) a description of how the charter school plans to ensure that the enrollment of the school is similar to the racial composition of the school district;/

Renumber subitems to conform.

Amend title to conform.

The amendment was adopted.

The question then was the third reading of the Bill.

Senator PATTERSON spoke on the Bill.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

INTRODUCED, AMENDED AND ADOPTED

The Senate resumed consideration of the Resolution.

Senator MOORE was recognized.

Point of Order

Senator RYBERG raised a Point of Order that H. 5041 was not before the body inasmuch as it would take unanimous consent to take up the Resolution for immediate consideration.

Leave of Absence

At 3:20 P.M., Senator LEATHERMAN requested a leave of absence from 4:00 - 10:00 P.M.

Point of Personal Privilege

Senator RICHTER rose to a Point of Personal Privilege.

On motion of Senator REESE, with unanimous consent, the remarks of Senator RICHTER were ordered printed in the Journal:

Remarks by Senator RICHTER

Mr. President and ladies and gentlemen of the Senate, please allow me this opportunity to bid you farewell and to express to you my appreciation for your many kindnesses.

I am grateful to the Clerk and his staff, the Director of Research and his staff, the Sergeant at Arms and his staff, the committee employees, the pages and the Chaplain of the Senate. All of you never say no, you work in good spirits and you somehow, almost magically, almost impossibly, satisfy forty-six bosses, forty-six egos, forty-six personalities. Thank you.

I wish to thank my fellow Senators, my friends, for being my friends and for your service to our State. The decisions we make affect peoples' lives. The office we hold is difficult and important. But, the office doesn't belong to us. We hold this office now, but it doesn't belong to us. It is a public office. It belongs to the people. Someone held each of your seats before you did, and someone will hold each of your seats after you. So, don't get too attached. It belongs to the public. You only hold it temporarily, and you must do so with dignity and humility.

I thank those outside this body who have worked for worthy causes and who are not motivated by personal gain. Particularly, I thank those who have worked so tirelessly for victims rights, the environment, children and the aged.

And, I thank the public, the people of Senate District 44 who have given me their trust, and of whose trust I hope I have proven myself worthy.

Most of all, I thank my wife and daughters for their constant love and support and the generosity with which they allowed me to devote time and attention to public works. Nothing I have done in life, including my public service, would have been possible without them. I love them dearly.

I hope that I have made some small contribution during my term here. The battles over parole elimination or modification, uniforms and work details for inmates, for victims rights, and truth in sentencing, the battles which were so hard pitched in January of 1993 seem almost routine now. So much progress has been made. So much remains to be done. Special attention is needed to the problem of juvenile crime and punishment and to the needs of the juvenile offender. Please continue that work.

And continue the work of downsizing government, of making agencies even more accountable, of making this Senate even more efficient and productive, of maintaining the independence of this Senate as the upper chamber of the legislative branch of government, of keeping the legislative branch a co-equal branch of government, of ensuring that all members of this Senate enjoy the same rights and privileges and are treated co-equally.

It has been my great privilege and pleasure to serve with you, to renew and enhance my friendship with many of you, and to come to know and develop my friendship with the rest of you. You all honor me with your friendship. Please remember me. I will never forget any of you.

Senator MOORE asked unanimous consent to make a motion to take up the Resolution for immediate consideration.

Point of Order

Senator McCONNELL raised a Point of Order that unanimous consent was not required inasmuch as the motion by Senator SETZLER interrupted consideration of H. 5041, with Senator MOORE retaining the floor pending disposition of H. 4443, and, further, that when consideration of H. 4443 was completed, the Senate would resume consideration of H. 5041, and, therefore, under the terms of Senator SETZLER's motion, the Senate had already agreed to consideration of H. 5041.

Senators McCONNELL, BRYAN, LEATHERMAN, WILSON and SETZLER spoke on the Point of Order.

The PRESIDENT overruled the Point of Order by Senator RYBERG.

Point of Personal Privilege

Senator MOORE rose to a Point of Personal Privilege.

Leave of Absence

At 4:20 P.M., on motion of Senator FAIR, Senator RICHTER was granted a leave of absence for the balance of the day.

Leaves of Absence

On motion of Senator MATTHEWS, at 4:20 P.M., Senators GLOVER and PATTERSON were granted a leave of absence for the balance of the day.

Senator MOORE spoke on the Resolution.

Amendment No. 1

Senators HOLLAND, McCONNELL and MOORE proposed the following Amendment No. 1 (5041R009.TLM), which was adopted:

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

/(A) Pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180 of the 1976 Code, each house agrees that when the Senate and House of Representatives adjourn on Thursday, May 30, 1996, to adjourn not later than 8:00 p.m., each house shall stand adjourned to meet in statewide session at 11:00 a.m. on Wednesday, June 12, 1996, and on Thursday, June 13, 1996, to adjourn not later than 9:00 p.m. on Thursday, June 13, 1996, for consideration of the following matters:

(1) receipt, consideration, and disposition of conference or free conference reports;

(2) ratification of acts;

(3) consideration of vetoes;

(4) resolutions expressing sympathy or congratulations; and

(5) consideration and concurrence relating to H. 4434, H. 3201, H. 3838, H. 4469, H. 4443, H. 4706, H. 4755 and H. 4472.

(B) When each house adjourns not later than 9:00 p.m. on Thursday, June 13, 1996, it shall stand adjourned to meet in statewide session at 11:00 a.m. on Wednesday, June 26, 1996, and if necessary on Thursday, June 27, 1996, to adjourn not later than 5:00 p.m., for the ratification of acts and consideration of vetoes, and that when each house of the General Assembly adjourns not later than 5:00 p.m. on Thursday, June 27, 1996, the General Assembly shall stand adjourned sine die.

(C) Each house may also provide for local session days during the period between May 30, 1996, and June 12, 1996, for consideration of local legislation which has the unanimous consent of the affected delegation./

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

Amendment No. 3

Senator GREG SMITH proposed the following Amendment No. 3 (5041R002.GS), which was not adopted:

Amend the resolution, as and if amended, page 2, by striking lines 39 through 42 and inserting in lieu thereof the following:

/Tuesday, June 25, 1996, for the consideration of vetoes and then recede not later than 5:00 p.m. to reconvene at the joint call of the Speaker of the House and the President Pro Tempore of the Senate for the exclusive purpose of consideration of bills which reapportion the election districts of the House of Representatives or Senate which is required as a result of a decision of the United States Federal Court. Upon completion of that business, the General Assembly shall stand adjourned sine die, in no event shall sine die adjournment be later than October 1, 1996./

Renumber sections to conform.

Amend title to conform.

Senator GREG SMITH explained the amendment.

Senator GREG SMITH moved that the amendment be adopted.

Senator McCONNELL argued contra to the adoption of the amendment.

ACTING PRESIDENT PRESIDES

Senator MARTIN assumed the Chair.

Senator McCONNELL argued contra to the adoption of the amendment.

Senator HOLLAND argued contra to the adoption of the amendment.

The question then was the adoption of the amendment.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 10; Nays 32

AYES

Bryan                     Fair                      Gregory
Leventis                  Mescher                   Rankin
Setzler                   Short                     Smith, G.
Wilson

TOTAL--10

NAYS

Alexander                 Boan                      Cork
Courson                   Courtney                  Drummond
Ford                      Giese                     Glover*
Hayes                     Holland                   Hutto
Jackson                   Lander                    Martin
Matthews                  McConnell                 McGill
Moore                     O'Dell                    Passailaigue
Patterson*                Peeler                    Reese
Rose                      Russell                   Ryberg
Saleeby                   Smith, J.V.               Thomas
Waldrep                   Washington*

TOTAL--32

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

The amendment was not adopted.

Amendment No. 4

Senator LEVENTIS proposed the following Amendment No. 4 (5041R010.PPL), which was adopted:

Amend the resolution, as and if amended, page 2, line 12, item (A)(5), by adding the following:

/S. 1037, H. 3446, and H. 4704/

Renumber sections to conform.

Amend title to conform.

Senator LEVENTIS explained the amendment.

Senator LEVENTIS moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 7

Senator GREG SMITH proposed the following Amendment No. 7 (5041R015.GS), which was adopted:

Amend the resolution, as and if amended, page 2, line 12, item (A)(5), by adding the following:

/H. 4861/

Renumber sections to conform.

Amend title to conform.

Senator GREG SMITH moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 8

Senator RYBERG proposed the following Amendment No. 8 (5041R017.WGR), which was withdrawn:

Amend the resolution, as and if amended, by striking lines 36 through 42 and inserting in lieu thereof the following:

/(B) When each house adjourns not later than 9:00 p.m. on Thursday, June 13, 1996, it shall stand adjourned to meet in statewide session at 11:00 a.m. on Wednesday, June 26, 1996, and if necessary on Thursday, June 27, 1996, to adjourn not later than 5:00 p.m., for the ratification of acts, consideration of vetoes, and any further consideration on a conference report or free conference report on H. 3730 and that when each house of the General Assembly adjourns not later than 5:00 p.m. on Thursday, June 27, 1996, the General Assembly shall stand adjourned sine die./

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the amendment.

Senator BRYAN argued contra to the adoption of the amendment.

Senator BRYAN moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 7; Nays 30

AYES

Bryan                     Drummond                  Elliott
Land                      Matthews                  Passailaigue
Smith, G.

TOTAL--7

NAYS

Alexander                 Boan                      Cork
Courson                   Courtney                  Fair
Giese                     Gregory                   Hayes
Holland                   Hutto                     Lander
Leventis                  Martin                    McConnell
Mescher                   Moore                     O'Dell
Peeler                    Rankin                    Reese
Rose                      Russell                   Ryberg
Saleeby                   Setzler                   Short
Thomas                    Waldrep                   Wilson

TOTAL--30

The Senate refused to table the amendment. The question then was the adoption of the amendment.

Senator BRYAN argued contra to the adoption of the amendment.

PRESIDENT PRESIDES

At 4:57 P.M., the PRESIDENT assumed the Chair.

Senator BRYAN argued contra to the adoption of the amendment.

On motion of Senator RYBERG, with unanimous consent, Amendment No. 8 was withdrawn.

Amendment No. 9

Senator ROSE proposed the following Amendment No. 9 (5041R018.MTR), which was tabled:

Amend the resolution, as and if amended, page 2, line 12, item (A)(5), by adding the following:

/S. 119/

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

Senator MOORE moved to lay the amendment on the table.

The amendment was laid on the table.

The question was the adoption of the Resolution.

The Concurrent Resolution was adopted, ordered returned to the House with amendments.

MINORITY REPORT WITHDRAWN

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.

Senator GLOVER asked unanimous consent to take up the Bill for immediate consideration.

There was no objection.

On motion of Senator GLOVER, with unanimous consent, the Minority Report was withdrawn.

MOTION ADOPTED

On motion of Senator MOORE, with unanimous consent, the Senate reverted to the Morning Hour.

RETURN REQUESTED FROM THE HOUSE
RETURNED FROM THE HOUSE AS REQUESTED
HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

S. 1375 -- Senator Matthews: A BILL 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; TO AUTHORIZE FINANCIAL INCENTIVES FOR SCHOOL YEAR 1997-98 ONLY TO ENCOURAGE THE RETIREMENT OF SCHOOL DISTRICT PERSONNEL CURRENTLY WORKING BEYOND RETIREMENT AGE; TO PROVIDE FOR THE TRANSFER OF THE ASSETS, LIABILITIES, AND BONDED INDEBTEDNESS OF THE EIGHT PRESENT SCHOOL DISTRICTS TO THE COUNTY BOARD WITH CERTAIN EXCEPTIONS; TO PROVIDE FOR THE MANNER IN WHICH THE CONSTITUTIONAL DEBT LIMITATION OF THE COUNTY BOARD FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS MUST BE DETERMINED; AND TO PROVIDE FOR THE REALIZATION OF CERTAIN ADMINISTRATIVE COST SAVINGS BY JULY 1, 2000.

Senator MATTHEWS asked unanimous consent to make a motion to request return of the Bill from the House of Representatives.

There was no objection.

A message was sent to the House accordingly.

The Bill was returned as requested.

Senators MATTHEWS and HUTTO proposed the following amendment (S-EDUC\1375.09), which was adopted:

Amend the bill, as and if amended, on page 34, line 7, by deleting the entire line and inserting:

/ Any increase above this three mills for operations may be levied only after a /.

Amend title to conform.

There being no further amendments, the Bill was read the third time and ordered returned to the House with amendments.

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

May 15, 1996
Mr. President and Members of the Senate:

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

Respectfully,
David M. Beasley

Local Appointment

Initial Appointment, Lee County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

Honorable Carolyn H. Jackson, Route 1, Box 217, Camden, S.C. 29020 VICE Anna P. Chandler (resigned)

Received as information.

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

May 16, 1996
Mr. President and Members of the Senate:

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

Respectfully,
David M. Beasley

Local Appointment

Reappointment, Spartanburg County Voter Registration Board, with term to commence March 15, 1996, and to expire March 15, 1998:

Mr. F. Don Watson, 700 Holtfield Terrace, Spartanburg, S.C. 29303-7009

Received as information.

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

May 28, 1996
Mr. President and Members of the Senate:

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

Respectfully,
David M. Beasley

Local Appointment

Initial Appointment, Spartanburg County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable David C. Snow, 2548 Highway 101 South, Greer, S.C. 29651 VICE Georgia V. Anderson (resigned)

Received as information.

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

May 29, 1996
Mr. President and Members of the Senate:

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

Respectfully,
David M. Beasley

Local Appointment

Reappointment, Greenwood County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable Terri G. Warner, 107 St. Andrews Lane, Greenwood, S.C. 29646

Received as information.

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

May 29, 1996
Mr. President and Members of the Senate:

Due to the resignation of the nominee below, I respectfully request withdrawal from your consideration the appointment below.

Respectfully,
David M. Beasley

Withdrawal of Statewide Appointment

Initial Appointment, Board of Trustees for the Children's Trust Fund of South Carolina, with term to commence June 30, 1996, and to expire June 30, 2000:

5th Congressional District:

Ms. Caryn M. Proctor, Route 1, Box 178-C, Hamer, S.C. 29547 VICE Thomas Alexander Givens

Received as information.

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 1876
Promulgated by South Carolina Law Enforcement Division
Sex Offender Registry
Received by Lt. Governor October 10, 1995
Referred to Senate Committee on Judiciary
120 day review expiration date June 19, 1996 (Revised)
(Subject to Sine Die Revision)
Resubmitted May 30, 1996

S. 82--CONFERENCE COMMITTEE APPOINTED
Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:

S. 82 -- Senators McConnell, Rose and Wilson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY COMMENCING AT VARYING TIMES IN EVEN-NUMBERED YEARS AND ODD-NUMBERED YEARS AND FOR AN ORGANIZATIONAL SESSION FOR THE SENATE IN CERTAIN YEARS, DELETE CERTAIN OBSOLETE LANGUAGE, PROVIDE FOR ELECTION OF OFFICERS OF THE GENERAL ASSEMBLY, PROVIDE FOR CERTAIN MEETINGS FOR THE INTRODUCTION AND REFERRAL TO COMMITTEE OF LEGISLATION, AND PROVIDE FOR CERTAIN COMMITTEE MEETINGS.
Very respectfully,
Speaker of the House

On motion of Senator McCONNELL, the Senate insisted upon its amendments to S. 82 and asked for a Committee of Conference.

Whereupon, the PRESIDENT appointed Senators McCONNELL, MOORE and RUSSELL of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Felder, Knotts and D. Smith of the Committee of Conference on the part of the House on:

Received as information.

Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Rep. Whatley in lieu of Rep. Felder of the Committee of Conference on the part of the House on:

Received as information.

Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Rep. Felder in lieu of Rep. Whatley of the Committee of Conference on the part of the House on:

Received as information.

Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

S. 556 -- Senator Russell: A JOINT RESOLUTION 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 AND TO PROVIDE THAT A PERSON IS NOT CONSIDERED A QUALIFIED ELECTOR FOR PURPOSES OF HOLDING THE PUBLIC OFFICES REFERRED TO IN SECTION 7 OF ARTICLE III AND SECTION 1 OF ARTICLE VI IF HE HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.
and has ordered the Joint Resolution Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

S. 659--CONFERENCE COMMITTEE APPOINTED
Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:

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.
Very respectfully,
Speaker of the House

On motion of Senator CORK, the Senate insisted upon its amendments to S. 659 and asked for a Committee of Conference.

Whereupon, the PRESIDENT appointed Senators McGILL, CORK and RANKIN of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Kelley, Keegan and Richardson of the Committee of Conference on the part of the House on:

Received as information.

Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

S. 583 -- Senator Russell: A BILL TO AMEND SECTION 7-5-120 AND 7-5-180, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS AND DISQUALIFICATIONS FOR REGISTRATION TO VOTE, SO AS TO CHANGE THE AGE QUALIFICATION TO BE CONSISTENT WITH PROPOSED CONSTITUTIONAL REQUIREMENTS FOR ALLOWING A CITIZEN WHO HAS NOT ATTAINED THE AGE OF EIGHTEEN TO BE A QUALIFIED ELECTOR; TO AMEND THE 1976 CODE BY ADDING SECTION 7-5-185 SO AS TO PROVIDE THAT A PERSON IS NOT CONSIDERED A QUALIFIED ELECTOR FOR PURPOSES OF HOLDING ANY PUBLIC OFFICE OF THIS STATE OR A POLITICAL SUBDIVISION THEREOF IF HE HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES, AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF THIS AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF THIS STATE PERMITTING THE ABOVE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

S. 1028 -- Senators Hayes, Short and Peeler: A BILL 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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3141 -- Reps. Neilson, Inabinett, Hines, Lloyd and T. Brown: A BILL TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION AND BENEFITS FOR THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, SO AS TO PROVIDE FOR REIMBURSEMENT FOR EXPENSES ACTUALLY INCURRED, TO DELETE THE RESTRICTIONS ON INSURANCE BENEFITS, AND TO ALLOW THE DISTRICT TO SET THE AMOUNT OF PER DIEM.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

H. 3228--REPORT OF THE
COMMITTEE OF CONFERENCE ADOPTED

H. 3228 -- Reps. Neilson, Cain, McMahand, Littlejohn, Meacham, Hallman, Rice, L. Whipper, White, Simrill, Jaskwhich, Elliott, Whatley, Herdklotz, Easterday, Haskins, Seithel, Davenport and Limehouse: A BILL 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.

On motion of Senator BRYAN, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator BRYAN spoke on the report.

On motion of Senator BRYAN, the Report of the Committee of Conference to H. 3228 was adopted as follows:

H. 3228--Conference Report
The General Assembly, Columbia, S.C., May 30, 1996

The COMMITTEE OF CONFERENCE, to whom was referred:

That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the acting words and inserting the following:

/SECTION 1. Section 20-7-100 of the 1976 Code, as last amended by Act 512 of 1994, is further amended to read:

"Section 20-7-100. The mother and father are the joint natural guardians of their minor children and are equally charged with the welfare and education of their minor children and the care and management of the estates of their minor children; and the mother and father have equal power, rights, and duties, and neither parent has any right paramount to the right of the other concerning the custody of the minor or the control of the services or the earnings of the minor or any other matter affecting the minor. Each parent, whether the custodial or noncustodial parent of the child, has equal access and the same right to obtain all educational records and medical records of their minor children and the right to participate in their children's school activities unless prohibited by order of the court. Neither parent shall forcibly take a child from the guardianship of the parent legally entitled to custody of the child."

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

/s/Senator James Bryan Rep. Denny Neilson
Senator McKinley Washington /s/Rep. Michael Jaskwhich
/s/Senator William Mescher /s/Rep. William Cotty

for the Senate. for the House.

, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that 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:

Received as information.

Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

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: A BILL 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 CUSTODY.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has reconsidered the vote whereby the House concurred in the Senate amendments on:

Received as information.

Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. J. Young, Klauber and Simrill of the Committee of Conference on the part of the House on:

Received as information.

Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4344 -- Reps. Jennings, Inabinett, Allison, Haskins, Harrison, Vaughn, Simrill, Herdklotz, Delleney, Kirsh, Richardson and McElveen: A BILL 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 has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

H. 4431--REPORT OF THE
COMMITTEE OF CONFERENCE ADOPTED

On motion of Senator GREGORY, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator GREGORY spoke on the report.

On motion of Senator GREGORY, the Report of the Committee of Conference to H. 4431 was adopted as follows:

H. 4431--Conference Report
The General Assembly, Columbia, S.C., May 30, 1996

The COMMITTEE OF CONFERENCE, to whom was referred:

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. Section 59-21-510 of the 1976 Code is amended by adding a new item to read:

"(11) "Pupils with autism" means pupils with a severe and chronic disorder that affects communication and behavior and which is manifested during early development by a characteristic pattern of social, communication, and learning behaviors. Autism is a behaviorally defined syndrome; the essential features of which include disturbances of: developmental rates or sequences; response to sensory stimuli; speech, language, and communication; and capacities to relate to people, objects, and events."

SECTION 2. Section 59-20-40(1)(c)(7) of the 1976 Code, as last amended by Act 135 of 1993, is further amended to read:

"(7) Handicapped 2.57

a. Visually handicapped pupils

b. Hearing handicapped pupils

c. pupils with autism.

SECTION 3. The Department of Education shall convene a task force of special education directors, district administrators, and parents of pupils with autism to review district reports on program costs to serve students with autism and to recommend an appropriate weight for the Education Finance Act. The findings of the task force shall be reported by the Department of Education to the Ways and Means Committee and Education and Public Works Committee of the House and the Finance Committee and Education Committee of the Senate no later than December 1, 1996.

SECTION 4. Title 59, Chapter 65 of the 1976 Code by adding a new section to read:

"Section 59-65-47. In lieu of the requirements of Section 59-65-40 or Section 59-65-45, parents or guardians may teach their children at home if the instruction is conducted under the auspices of an association for homeschools which has no fewer than fifty members and meets the requirements of this section. Bona fide membership and continuing compliance with the academic standards of the associations exempts the home school from the further requirements of Section 59-65-40 or Section 59-65-45.

The State Department of Education shall conduct annually a review of the association standards to insure that requirements of the association, at a minimum, include:

(a) a parent must hold at least a high school diploma or the equivalent general educational development (GED) certificate;

(b) the instructional year is at least one hundred eighty days;

(c) the curriculum includes, but is not limited to, the basic instructional areas of reading, writing, mathematics, science, and social studies, and in grades seven through twelve, composition and literature; and

(d) educational records shall be maintained by the parent-teacher and include:

(1) a plan book, diary, or other record indicating subjects taught and activities in which the student and parent-teacher engage;

(2) a portfolio of samples of the student's academic work; and

(3) a semiannual progress report including attendance records and individualized documentation of the student's academic progress in each of the basic instructional areas specified in item (c) above.

By January thirtieth of each year, all associations shall report the number and grade level of children home schooled through the association to the children's respective school districts."

SECTION 5. This act takes effect upon approval by the Governor./

Amend title to conform.

/s/The Honorable Greg Gregory     /s/The Honorable Ronald P. Townsend
/s/The Honorable Linda H. Short   /s/The Honorable Merita A. Allison
/s/The Honorable Michael L. Fair  /s/The Honorable Lanny F. Littlejohn
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:

Received as information.

Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that the Report 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:

Received as information.

H. 4434--CONFERENCE COMMITTEE APPOINTED
Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:

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,
Speaker of the House

On motion of Senator HOLLAND, the Senate insisted upon its amendments to H. 4434 and asked for a Committee of Conference.

Whereupon, the PRESIDENT appointed Senators HOLLAND, HAYES and COURTNEY of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Martin, D. Smith and Knotts of the Committee of Conference on the part of the House on:

Received as information.

Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4501 -- Reps. Fleming, Mason, G. Brown, Seithel, Clyburn, S. Whipper, Sandifer, Stoddard, L. Whipper, Vaughn, Littlejohn, Cato, Elliott and R. Smith: A BILL TO AMEND SECTION 12-56-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO EXCLUDE FROM THE DEFINITION OF "DELINQUENT DEBT" SUMS OWED A COUNTY HOSPITAL WHEN THE HOSPITAL AND THE DEBTOR HAVE ENTERED INTO A WRITTEN PAYMENT AGREEMENT AND THE DEBTOR IS CURRENT IN MEETING THE OBLIGATIONS OF THE AGREEMENT.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

H. 4518--CONFERENCE COMMITTEE APPOINTED
Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:

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,
Speaker of the House

On motion of Senator MOORE, the Senate insisted upon its amendments to H. 4518 and asked for a Committee of Conference.

Whereupon, the PRESIDENT appointed Senators DRUMMOND, THOMAS and JACKSON of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4589 -- Reps. Limehouse, Hallman, Cotty, Hutson, Fulmer, Felder, Knotts and Witherspoon: A BILL TO AMEND SECTION 56-5-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DEATH OR PERSONAL INJURY, SO AS TO REVISE THE PENALTY.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

H. 4614--CONFERENCE COMMITTEE APPOINTED
Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:

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

On motion of Senator FAIR, the Senate insisted upon its amendments to H. 4614 and asked for a Committee of Conference.

Whereupon, the PRESIDENT appointed Senators MOORE, RICHTER and FAIR of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Kelley, Easterday and Allison of the Committee of Conference on the part of the House on:

Received as information.

H. 4614--REPORT OF THE
COMMITTEE OF CONFERENCE ADOPTED

On motion of Senator MOORE, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator MOORE spoke on the report.

On motion of Senator MOORE, the Report of the Committee of Conference to H. 4614 was adopted as follows:

H. 4614--Conference Report
The General Assembly, Columbia, S.C., May 30, 1996

The COMMITTEE OF CONFERENCE, to whom was referred:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking SECTION 21 in its entirety.

Renumber SECTIONS to conform.

Amend title to conform.

/s/Thomas L. Moore                /s/Mark S. Kelley
Lawrence E. Richter               /s/Michael E. Easterday
/s/Michael L. Fair                /s/Merita Ann Allison
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:

Received as information.

Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

Received as information.

HOUSE RECEDES FROM AMENDMENTS
SENATE ENROLLED FOR RATIFICATION

The House having receded from their amendments, the Senate ordered the Bill enrolled for Ratification.

A message was sent to the House accordingly.

H. 4706--CONFERENCE COMMITTEE APPOINTED
Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:

H. 4706 -- Reps. Wilkins, Kennedy, Harrell, Hutson, Neilson, S. Whipper, J. Hines, Harvin, Howard, Askins, White, Fleming, Jennings, Keegan, Anderson, L. Whipper, M. Hines, Cobb-Hunter, Breeland, Neal, Young-Brickell, Easterday, J. Harris, Koon, Meacham, J. Young, Harrison, Clyburn, Herdklotz, Knotts, Inabinett, Wright, Lloyd, Law, Gamble, Delleney, Cave, Govan, H. Brown, Felder, Robinson, Mason, Carnell, D. Smith, Rice, Sharpe, Boan, Fulmer, Chamblee, Stuart, Shissias, Klauber, T. Brown, Spearman, Williams, Kinon, Limbaugh, Scott, Riser, McTeer, McElveen, Hodges and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA RURAL DEVELOPMENT ACT OF 1996" (Abbreviated Title)
Very respectfully,
Speaker of the House

SENSE OF THE SENATE MOTION ADOPTED

Senator LEVENTIS made a Sense of the Senate motion that it be the position of the Senate in the Committee of Conference on H. 4706 that the assessment ratio to be used in the calculation of the fee in lieu of tax provisions be established at six percent.

The motion was adopted.

On motion of Senator LEVENTIS, the Senate insisted upon its amendments to H. 4706 and asked for a Committee of Conference.

Whereupon, the PRESIDENT appointed Senators LEATHERMAN, LEVENTIS and MATTHEWS of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. R. Smith, Felder and Harrell of the Committee of Conference on the part of the House on:

Received as information.

Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4782 -- Rep. Easterday: A BILL 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 CERTAIN PROVISIONS OF THIS SUBSECTION SHALL NOT 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 PROVISIONS OF LAW ON THE REGISTRATION OF MORTGAGE LOAN BROKERS, SO AS TO DEFINE "REGULAR BUSINESS HOURS", "SATELLITE OFFICE", AND "TABLE-FUNDED TRANSACTION", AND TO MAKE CERTAIN CHANGES TO THE DEFINITION OF "EXEMPT PERSON OR ORGANIZATION"; TO AMEND THE 1976 CODE BY ADDING SECTION 40-58-35 SO AS TO PROVIDE THAT A MORTGAGE LOAN BROKER MAY CONTRACT FOR AND RECEIVE A LOAN BROKER'S FEE AS SET FORTH IN THE BROKER'S FEE AGREEMENT WITH THE APPLICANT, AND PERMIT THE AGREEMENT TO INCLUDE A NONREFUNDABLE APPLICATION FEE; TO AMEND SECTION 40-58-65, RELATING TO THE REGISTRATION OF MORTGAGE LOAN BROKERS, RECORDS, CONFIDENTIALITY, THE PHYSICAL PRESENCE OF A MORTGAGE BROKER IN THE STATE, AND OFFICIAL PLACE OF BUSINESS, 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 UNDER CERTAIN CONDITIONS; TO AMEND SECTION 40-58-110, AS AMENDED, RELATING TO THE REGISTRATION OF MORTGAGE LOAN BROKERS, FIRST TIME REGISTRANTS' PROCESSING FEES, AND ANNUAL RENEWAL OF REGISTRATION, SO AS TO PROVIDE THAT A BROKER SHALL PAY AN INITIAL FEE OF FIFTY DOLLARS WHEN REGISTERING EACH SATELLITE LOCATION AND THAT THERE SHALL BE NO RENEWAL FEE CHARGED A SATELLITE OFFICE, REQUIRE THE BROKER TO GIVE WRITTEN NOTICE OF TEN DAYS BEFORE THE OPENING OF A NEW, OFFICIAL BRANCH OR SATELLITE LOCATION, AND PROVIDE THAT NO FEE IS REQUIRED WHEN THE REGISTRANT GIVES NOTICE OF A CHANGE OF ADDRESS FOR AN OFFICIAL BRANCH OR SATELLITE LOCATION; TO AMEND SECTION 37-10-102, AS AMENDED, RELATING TO THE CONSUMER PROTECTION CODE, MISCELLANEOUS LOAN PROVISIONS, AND ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE INSTEAD THAT AN ATTORNEY LICENSED TO PRACTICE LAW IN SOUTH CAROLINA MUST BE INVOLVED IN THE CLOSING OF THE LOAN FOR CERTAIN PURPOSES, AND TO PROVIDE THAT THE TITLE INSURANCE MUST BE ISSUED THROUGH A TITLE INSURANCE COMPANY LICENSED TO CONDUCT BUSINESS IN SOUTH CAROLINA AND MUST BE ACCEPTABLE TO THE LENDER; AND TO AMEND SECTION 37-3-201, AS AMENDED, RELATING TO THE CONSUMER PROTECTION CODE, LOANS, MAXIMUM CHARGES, AND THE LOAN FINANCE CHARGE FOR CONSUMER LOANS OTHER THAN SUPERVISED LOANS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO A MORTGAGE LOAN BROKER AS DEFINED IN SECTION 40-58-20.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

H. 4789--CONFERENCE COMMITTEE APPOINTED
Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:

H. 4789 -- Rep. Harrison: A BILL 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 SECTION 12-6-3470, RELATING TO EMPLOYER TAX CREDITS FOR EMPLOYING AID TO FAMILIES WITH DEPENDENT CHILDREN RECIPIENTS, SO AS TO REVISE THE CRITERIA FOR OBTAINING THIS CREDIT AND TO PROVIDE THAT UNUSED CREDIT MAY BE CARRIED FORWARD; 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 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 43-5-1125, 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 43-5-585, 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 43-5-1155, 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 BECAME EMPLOYED AFTER LOSING ELIGIBILITY DUE TO EXCEEDING THE TWENTY-FOUR MONTH TIME LIMIT.
Very respectfully,
Speaker of the House

On motion of Senator SHORT, the Senate insisted upon its amendments to H. 4789 and asked for a Committee of Conference.

Whereupon, the PRESIDENT appointed Senators SHORT, COURTNEY and WASHINGTON of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has reconsidered the vote whereby the House nonconcurred in the Senate amendments on:

Received as information.

Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 5028 -- Reps. Neilson, Baxley and J. Hines: A BILL TO PROVIDE FOR A REFERENDUM FOR THE CREATION OF THE J.C. DANIEL CENTER DISTRICT IN DARLINGTON COUNTY.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

H. 5041--CONFERENCE COMMITTEE APPOINTED
Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:

Received as information.

On motion of Senator HOLLAND, the Senate insisted upon its amendments to H. 5041 and asked for a Committee of Conference.

COMMUNICATION

THE SENATE OF SOUTH CAROLINA

May 30, 1996
Members of the S.C. Senate
c/o Frank B. Caggiano, Clerk
Gresette Building
Columbia, S.C. 29202

Dear Senators:

As per Rule 19 of the South Carolina Senate, I have today appointed Senators HOLLAND, McCONNELL and MOORE to the Conference Committee on H. 5041, the 1996 Sine Die Resolution.

Sincerely,
JOHN W. DRUMMOND

Whereupon, the PRESIDENT appointed Senators HOLLAND, MOORE and McCONNELL of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. D. Smith, Boan and Harrell of the Committee of Free Conference on the part of the House on:

Received as information.

H. 5041--FREE CONFERENCE POWERS GRANTED
FREE CONFERENCE COMMITTEE APPOINTED
REPORT OF THE COMMITTEE
OF FREE CONFERENCE ADOPTED

On motion of Senator MOORE, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator MOORE spoke on the report.

H. 5041--Free Conference Powers Granted
Free Conference Committee Appointed

On motion of Senator MOORE, with unanimous consent, Free Conference Powers were granted.

Whereupon, the PRESIDENT appointed Senators MOORE, HOLLAND and McCONNELL to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator MOORE, the Report of the Committee of Free Conference to H. 5041 was adopted as follows:

H. 5041--Free Conference Report
The General Assembly, Columbia, S.C., May 30, 1996

The COMMITTEE OF FREE CONFERENCE, to whom was referred:

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 therein the following:

/(A) Pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180 of the 1976 Code, each house agrees that when the Senate and House of Representatives adjourn on Thursday, May 30, 1996, to adjourn not later than 8:00 p.m., each house shall stand adjourned to meet in statewide session at 11:00 a.m. on Wednesday, June 12, 1996, and on Thursday, June 13, 1996, to adjourn not later than 5:00 p.m. on Thursday, June 13, 1996, for consideration of the following matters:

(1) receipt, consideration, and disposition of conference or free conference reports, appointment of conference and free conference committees and messages pertaining to such reports and appointments;

(2) ratification of acts;

(3) consideration of vetoes;

(4) resolutions expressing sympathy or congratulations;

(5) consideration of S. 82, S. 95, S. 119, S. 659, S. 1037, S. 1117, S. 1216, H. 3201, H. 3446, H. 3584, H. 3730, H. 3838, H. 4443, H. 4469, H. 4472, H. 4518, H. 4557, H. 4704, H. 4706, H. 4755, H. 4789, H. 4833, and H. 4861;

(6) consideration and confirmation of appointments; and

(7) consideration of local legislation which has the unanimous consent of the affected delegation.

(B) When each house adjourns not later than 5:00 p.m. on Thursday, June 13, 1996, it shall stand adjourned to meet in statewide session at 11:00 a.m. on Wednesday, June 26, 1996, and if necessary on Thursday, June 27, 1996, to adjourn not later than 5:00 p.m., for the ratification of acts and consideration of vetoes, and that when each house of the General Assembly adjourns not later than 5:00 p.m. on Thursday, June 27, 1996, the General Assembly shall stand adjourned sine die.

Amend title to conform.

/s/Donald H. Holland              /s/William D. Boan
/s/Glenn F. McConnell             /s/William Douglas Smith
/s/Thomas L. Moore                /s/Robert William Harrell, Jr.
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has granted Free Conference Powers and appointed Reps. D. Smith, Boan and Harrell of the Committee of Free Conference on the part of the House on:

Received as information.

Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Free Conference on the following Resolution:

Received as information.

Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 5067 -- Reps. Govan, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, 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, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION TO DECLARE JUNE 1, 1996, AS "STAND FOR CHILDREN DAY" IN SOUTH CAROLINA, TO ENCOURAGE THE CITIZENS OF SOUTH CAROLINA TO PARTICIPATE IN NATIONAL AND LOCAL EVENTS COMMEMORATING THIS DAY AND TO MAKE A PERSONAL COMMITMENT IN THEIR LIVES TO IMPROVE THE QUALITY OF LIFE FOR CHILDREN IN SOUTH CAROLINA, AND TO RECOGNIZE AND COMMEND ABBIEGAIL HUGINE OF JACK & JILL OF ORANGEBURG AND STATE COORDINATOR FOR "STAND FOR CHILDREN" FOR SPEARHEADING THIS EFFORT IN SOUTH CAROLINA.
Very respectfully,
Speaker of the House

Received as information.

CONCURRENCE

S. 95 -- Senators McConnell, Courson, Rose, Gregory and O'Dell: A BILL TO AMEND SECTION 24-13-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENDED WORK RELEASE PROGRAM, SO AS TO PROVIDE THAT NO PERSON CONVICTED OF A VIOLENT CRIME AS DEFINED IN SECTION 16-1-60 MAY PARTICIPATE IN THIS PROGRAM; AND TO REPEAL SECTION 24-13-650 WHICH PROHIBITS A PERSON CONVICTED OF A VIOLENT CRIME FROM BEING RELEASED BACK INTO THE COMMUNITY IN WHICH HE COMMITTED THE OFFENSE UNDER THE WORK RELEASE PROGRAM.

The House returned the Bill with amendments.

On motion of Senator McCONNELL, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

CONCURRENCE

H. 4277 -- Reps. Walker, Baxley and Fleming: A BILL 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, 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; AND 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.

The House returned the Bill with amendments.

Senator J. VERNE SMITH asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

Senator J. VERNE SMITH explained the amendments.

On motion of Senator J. VERNE SMITH, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

CONCURRENCE

S. 506 -- Senator Saleeby: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-415 SO AS TO PROVIDE THAT UPON GIVING THE WORKERS' COMPENSATION COMMISSION DOCUMENTATION THAT A SUBCONTRACTOR HAS REPRESENTED HIMSELF TO A CONTRACTOR AS HAVING WORKERS' COMPENSATION INSURANCE AT THE TIME THE SUBCONTRACTOR WAS ENGAGED BY THE CONTRACTOR TO PERFORM WORK, THE CONTRACTOR IS RELIEVED OF RESPONSIBILITY FOR ALL CLAIMS FILED BY EMPLOYEES OF AN UNINSURED SUBCONTRACTOR, PROVIDE FOR THE EXCLUSIVE REMEDY OF THOSE EMPLOYEES, AND PROVIDE FOR THE CIRCUMSTANCES AND PENALTIES FOLLOWING THE FILING OF FALSE DOCUMENTATION OF WORKERS' COMPENSATION INSURANCE BY A SUBCONTRACTOR TO A CONTRACTOR OR A HIGHER TIER SUBCONTRACTOR.

The House returned the Bill with amendments.

On motion of Senator SALEEBY, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

CONCURRENCE

S. 1286 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2725 SO AS TO PROHIBIT DAY CARE CENTERS FROM EMPLOYING PERSONS CONVICTED OF CERTAIN CRIMES; TO PROVIDE THAT A PERSON WHO HAS BEEN CONVICTED OF CERTAIN ENUMERATED CRIMES WHO APPLIES FOR EMPLOYMENT AT OR IS EMPLOYED BY A DAY CARE CENTER IS GUILTY OF A MISDEMEANOR, AND TO REQUIRE AN EMPLOYMENT APPLICATION TO INCLUDE A STATEMENT NOTIFYING AN APPLICANT OF THIS CRIMINAL OFFENSE; TO REQUIRE FINGERPRINT REVIEWS FOR EMPLOYEES AND CAREGIVERS; TO ALLOW TEMPORARY OR PROVISIONAL EMPLOYMENT PENDING RESULTS OF THE FEDERAL BUREAU OF INVESTIGATION FINGERPRINT REVIEW IN CERTAIN CIRCUMSTANCES; TO PROVIDE THAT THE CRIMINAL HISTORY REVIEWS APPLY TO AN EMPLOYEE OR VOLUNTARY CAREGIVER OF A DAY CARE CENTER, GROUP DAY CARE HOME, FAMILY DAY CARE HOME, OR CHURCH OR RELIGIOUS DAY CARE CENTER WHO PROVIDES CARE TO A CHILD WITHOUT THE DIRECT PERSONAL SUPERVISION OF A PERSON LICENSED, REGISTERED, OR APPROVED UNDER THIS SUBARTICLE AND TO OTHER EMPLOYEES OR VOLUNTEERS WHO HAVE DIRECT ACCESS TO A CHILD OUTSIDE THE IMMEDIATE PRESENCE OF A PERSON WHO HAS UNDERGONE THE FINGERPRINT REVIEW REQUIRED UNDER THE SECTION; TO WAIVE FINGERPRINT REVIEWS FOR CERTAIN PERSONS; 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, AS AMENDED, RELATING TO DAY CARE LICENSING, APPROVAL, REGISTRATIONS AND RENEWALS, SO AS TO REVISE THE CRIMINAL OFFENSES WHICH PRECLUDE A PERSON FROM OBTAINING A LICENSE, APPROVAL, OR REGISTRATION; TO AMEND SECTION 20-7-2905, AS AMENDED, RELATING TO FEES FOR CRIMINAL HISTORY REVIEWS, SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION AND THE FEDERAL BUREAU OF INVESTIGATION TO PROVIDE TWO COPIES OF THE RESULTS OF THESE REVIEWS; AND TO AMEND SECTION 20-7-3095, RELATING TO THE SEPARATE CRIMINAL OFFENSE OF COMMITTING CERTAIN OFFENSES WITHIN A SPECIFIED RADIUS OF DAY CARE FACILITIES, SO AS TO AMEND THE LIST OF OFFENSES.

The House returned the Bill with amendments.

On motion of Senator ROSE, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

CONCURRENCE

H. 4338 -- Reps. Sharpe, Witherspoon, Riser and Seithel: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, AND SECTION 50-11-390, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES WITH RESPECT TO GAME ZONES, SO AS TO AUTHORIZE SUNDAY HUNTING ON PRIVATE LAND IN GAME ZONES 1, 2, AND 4 UNDER CERTAIN CONDITIONS.

The House returned the Bill with amendments.

On motion of Senator GREGORY, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

CONCURRENCE

H. 3838 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE.

The House returned the Bill with amendments.

On motion of Senator COURTNEY, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

CONCURRENCE

H. 4834 -- Reps. Robinson, Herdklotz, Waldrop, Sandifer, Fulmer, Trotter, Marchbanks, Rice, Haskins and Harrell: A BILL 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, AS AMENDED, 12-36-120, AS AMENDED, 12-36-1710, AS AMENDED, 12-36-2110, AS AMENDED, AND 12-36-2120, 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 PROVIDE NOTICE BY FIRST CLASS RATHER THAN CERTIFIED MAIL; 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 AMEND SECTION 12-54-227, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO CONTRACT WITH PRIVATE PARTIES TO COLLECT TAXES, SO AS TO ALLOW THE NOTICE TO TAXPAYERS TO BE MADE BY FIRST CLASS RATHER THAN CERTIFIED OR REGISTERED MAIL; AND TO REPEAL SECTION 12-6-5040, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REQUIRE COPIES OF FEDERAL TAX RETURNS.

The House returned the Bill with amendments.

On motion of Senator MOORE, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

CONCURRENCE

H. 3116 -- Reps. Cato and Meacham: A BILL TO AMEND SECTION 50-21-850, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SAFETY REQUIREMENTS FOR PERSONS WATER SKIING OR RIDING ON A SURFBOARD OR SIMILAR OBJECT, SO AS TO CHANGE THE REFERENCE TO SURFBOARD TO KNEEBOARD, PROVIDE FOR THE REQUIREMENTS TO APPLY TO PERSONS BEING TOWED BY A MOTORIZED WATERCRAFT, CLARIFY THE DEFINITION OF PERSONAL FLOTATION DEVICE REQUIREMENTS, AND EXEMPT SURFBOARDERS.

The House returned the Bill with amendments.

On motion of Senator GREG SMITH, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

CONCURRENCE

The House returned the Bill with amendments.

CONCURRENCE

H. 4012 -- Reps. Townsend, Trotter and Stille: A BILL 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 56-5-4090, AS AMENDED, RELATING TO THE LENGTH OF LOAD ON CERTAIN POLE TRAILERS AND CARRIERS, SO AS TO DELETE 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; AND TO AMEND SECTION 58-23-50, RELATING TO CERTAIN FORMS OF TRANSPORTATION THAT ARE EXEMPTED FROM PUBLIC SERVICE COMMISSION REGULATIONS, SO AS TO EXEMPT THE TRANSPORTATION OF LOGS FROM COMMISSION REGULATION.

The House returned the Bill with amendments.

On motion of Senator LAND, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

Leave of Absence

At 5:30 P.M., Senator GREGORY requested a leave of absence for the balance of the day.

NONCONCURRENCE

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 House returned the Bill with amendments.

On motion of Senator LAND, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

HOUSE CONCURRENCE

S. 871 -- Senators Leventis, Moore, Thomas and Lander: A CONCURRENT RESOLUTION MEMORIALIZING THE MEMBERS OF SOUTH CAROLINA'S CONGRESSIONAL DELEGATION TO BECOME THE FIRST CONGRESSIONAL DELEGATION IN THE UNITED STATES TO PROMISE PUBLICLY TO REFRAIN IN THE FUTURE FROM ACCEPTING GIFTS AND GRATUITIES FROM LOBBYISTS AND TO SUPPORT LEGISLATION PROHIBITING THE GIVING AND RECEIVING OF LOBBYISTS' GIFTS AND GRATUITIES TO MEMBERS OF CONGRESS AND THEIR STAFF MEMBERS AND EMPLOYEES.

Returned with concurrence.

Received as information.

Leave of Absence Rescinded

At 6:00 P.M., the leave of absence granted to Senator WASHINGTON for the balance of the day was rescinded.

HOUSE CONCURRENCE

S. 1433 -- Senator Peeler: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXTEND THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MRS. HAZEL LOVELACE OF GAFFNEY FOR HER LONG AND DISTINGUISHED CAREER AS AN EDUCATOR IN SOUTH CAROLINA UPON HER UPCOMING RETIREMENT AND WISH HER A FUTURE FULL OF GOOD HEALTH.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 1436 -- Senator Giese: A CONCURRENT RESOLUTION TO COMMEND ALBERT BELL, JR., REPRODUCTION DIRECTOR OF THE SOUTH CAROLINA LEGISLATIVE COUNCIL, FOR HIS LONG AND DEDICATED CAREER OF PUBLIC SERVICE TO THE STATE OF SOUTH CAROLINA UPON THE OCCASION OF HIS UPCOMING RETIREMENT.

Returned with concurrence.

Received as information.

RECALLED

H. 4829 -- Reps. Koon, Riser, Gamble, Wright, Stuart, Knotts and Spearman: A JOINT RESOLUTION TO PROHIBIT UNTIL JULY 1, 1997, THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM ISSUING A PERMIT OR APPROVING AN APPLICATION TO OPERATE A LANDFILL AT 104 OMAR COURT IN LEXINGTON COUNTY AND TO REQUIRE THE SECRETARY OF STATE TO SEND A COPY OF THIS JOINT RESOLUTION TO EACH BOARD MEMBER OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

Senator MOORE asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Medical Affairs.

There was no objection.

On motion of Senator MOORE, with unanimous consent, the Joint Resolution was ordered placed on the Calendar.

RECESS

At 6:45 P.M., on motion of Senator MOORE, the Senate receded from business not to exceed fifteen minutes.

At 7:15 P.M., the Senate resumed.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1437 -- Senator Courson: A SENATE RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE GRESSETTE BUILDING ON NOVEMBER 13, 1996, AND THE USE OF THE SENATE CHAMBER ON NOVEMBER 14 AND 15, 1996, FOR ITS ANNUAL MEETING.

Be it resolved by the Senate:

That the South Carolina Student Legislature is allowed the use of the Gressette Building on November 13, 1996, for its annual meeting. If the Senate is in statewide session on this day, the Gressette Building may not be used on this day.

Be it further resolved that the South Carolina Student Legislature is allowed the use of the Senate Chamber at its temporary location on November 14 and 15, 1996, for its annual meeting. If the Senate is in statewide session on any of these days, the Senate Chamber may not be used on these days.

Be it further resolved that no expense may be charged to the South Carolina Student Legislature for the use of the Gressette Building and the Senate Chamber and the use must be in strict accordance with the policies of the Senate.

Referred to the Committee on Invitations.

S. 1438 -- Senator Alexander: A CONCURRENT RESOLUTION COMMENDING WALHALLA HIGH SCHOOL'S SCHOOL TO WORK PROGRAM IN OCONEE COUNTY ON BEING ONE OF TEN PROGRAMS TO BE RECOGNIZED BY THE NATIONAL COUNCIL OF RESEARCH AND VOCATIONAL EDUCATION.

The Concurrent Resolution was adopted, ordered sent to the House.

S. 1439 -- Senators Ryberg, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Rose, Russell, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION TO RECOGNIZE SENATOR LAWRENCE E. "LARRY" RICHTER ON THE OCCASION OF HIS RETIREMENT FROM THE SOUTH CAROLINA SENATE FOR HIS DISTINGUISHED SERVICE TO CHARLESTON AND BERKELEY COUNTIES AND THE STATE OF SOUTH CAROLINA.

Whereas, the adjournment of the General Assembly this year will mark the end of Senator Lawrence E. "Larry" Richter's distinguished service as a member of the General Assembly; and

Whereas, Senator Larry Richter has ably represented District Number Forty-four in the South Carolina Senate since his election in 1992; and

Whereas, Senator Richter is married to the former Anne Claire Welch with whom he has three children: Alice Anne, Claire Ellen, and Anna Elizabeth; and

Whereas, Senator Richter graduated from Bishop England High School in 1964, from the University of North Carolina in 1968, and from the University of South Carolina School of Law in 1971; and

Whereas, Senator Richter served as a Family Court Judge for the Ninth Judicial Circuit from 1980 to 1982; and

Whereas, Senator Richter served as a Circuit Court Judge for the Ninth Judicial Circuit from 1982 to 1988; and

Whereas, Senator Richter has maintained a successful law practice since he left the judiciary, balancing his practice for the last four years with his service in the Senate; and

Whereas, Senator Richter has served ably on a number of committees during his tenure in the Senate, including the Agricultural and Natural Resources, Corrections and Penology, Medical Affairs, and Transportation committees; and

Whereas, Senator Richter has been at the forefront of reforms made in the criminal justice and corrections communities, being an early sponsor of legislation to eliminate parole and being the author of recent enactments which restricted the conduct of inmates and created a Sex Offender Registry; and

Whereas, Senator Richter's prior service as a member of the Judiciary provided a unique perspective to the General Assembly; and

Whereas, Senator Richter's tireless dedication provides a positive role model and example of service for all of his peers to emulate. Now, therefore,

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

That the members of the General Assembly recognize Senator Larry E. Richter for his distinguished accomplishments and contributions to Charleston and Berkeley counties and the State of South Carolina, and wish him a long and prosperous career.

Be it further resolved that a copy of this resolution be forwarded to Senator Larry Richter.

On motion of Senator RYBERG, with unanimous consent, the Concurrent Resolution was taken up for immediate consideration, unanimously adopted, and ordered sent to the House.

H. 5073 -- Reps. Hodges, McTeer, Rogers, Cobb-Hunter, Neal, Richardson, Canty, Keyserling, McElveen and Harvin: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES PROMPTLY TO REIMPOSE THE ENVIRONMENTAL TAXES AND FEES THAT HAVE LAPSED DUE TO UNRELATED BUDGETARY CONFLICTS, SO THAT THE IMPORTANT WORK OF FUNDING THE SUPERFUND ACCOUNT, OIL SPILL FUND ACCOUNT, AND THE LEAKING UNDERGROUND STORAGE TANK TRUST FUND ACCOUNT CAN GO FORWARD.

Whereas, endless budget conflict in the United States Congress has jeopardized the funding of vital environmental programs because the taxes and fees on the petroleum and chemical industries supporting the programs have lapsed and the budget impasse has prevented their reimposition; and

Whereas, among other things, the taxes and fees go to provide funding for the Superfund Program that steps in to clean up environmentally unsafe waste sites when private funds are not available for that purpose, and for the Oil Spill Fund Account and the Leaking Underground Storage Tank Trust Fund; and

Whereas, these taxes and fees paid by the chemical and petroleum industries are vital in ensuring a safe environment for all Americans and in themselves are not significant issues in the budget conflict. 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, by this resolution, memorialize the Congress of the United States promptly to reimpose the environmental taxes and fees that have lapsed due to unrelated budgetary conflicts, so that the important work of funding the Superfund Account, Oil Spill Trust Account, and the Leaking Underground Storage Tank Trust Fund Account can go forward.

Be it further resolved that a copy of this resolution be forwarded to the Speaker of the United States House of Representatives, the President of the United States Senate, and each member of this state's congressional delegation.

Referred to the Committee on Finance.

H. 5085 -- Reps. Lloyd, Inabinett, Cobb-Hunter and White: A CONCURRENT RESOLUTION CONGRATULATING AND COMMENDING THE HONORABLE SCOTT HEAD RICHARDSON FOR OUTSTANDING AND DISTINGUISHED SERVICE IN THE HOUSE OF REPRESENTATIVES UPON LEARNING HE WILL NOT SEEK RE-ELECTION TO THE HOUSE OF REPRESENTATIVES AND EXTENDING BEST WISHES AS HE EMBARKS ON NEW ENDEAVORS AND CHALLENGES.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 5086 -- Reps. Lloyd, Inabinett, Cobb-Hunter and White: A CONCURRENT RESOLUTION HONORING THE HONORABLE DOUGLAS EVANS McTEER, JR., OF HAMPTON COUNTY FOR HIS DEDICATED AND DISTINGUISHED EIGHTEEN YEARS OF CONTINUOUS SERVICE IN THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND ON THE OCCASION OF HIS RETIREMENT FROM THIS LEGISLATIVE BODY.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 5087 -- Rep. Cooper: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION, TO ACCEPT THE PROVISIONS OF AN ACT OF 1996 (S.1162) AS THE STATUTORY AUTHORITY APPLYING TO TANDEM AXLE WEIGHTS AND GROSS WEIGHTS OF VEHICLES OPERATED ON THE INTERSTATE HIGHWAYS OF SOUTH CAROLINA, AND TO RESOLVE THAT THE STATE OF SOUTH CAROLINA SHALL CONTINUE TO ENFORCE ALL OTHER FEDERAL BRIDGE FORMULA REQUIREMENTS FOR VEHICLES OPERATING BETWEEN 75,185 AND 80,000 POUNDS OF GROSS WEIGHT.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 5088 -- Reps. Townsend and Wilkins: A CONCURRENT RESOLUTION TO EXPRESS APPRECIATION TO THE HONORABLE MICHAEL F. JASKWHICH OF GREENVILLE COUNTY ON THE ANNOUNCEMENT OF HIS RETIREMENT AND TO THANK HIM FOR HIS DEDICATED LEADERSHIP QUALITIES AND EFFORTS ON BEHALF OF THE CITIZENS OF THE STATE OF SOUTH CAROLINA.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 5089 -- Rep. Townsend: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 187 BETWEEN S.C. 24 AND U.S. 29 IN HONOR OF OUR DISTINGUISHED FRIEND AND COLLEAGUE, REPRESENTATIVE C. D. CHAMBLEE, OF ANDERSON.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 5090 -- Rep. Cain: A CONCURRENT RESOLUTION TO RECOGNIZE WALHALLA HIGH SCHOOL IN OCONEE COUNTY FOR THE HONOR OF BEING SELECTED AS A "NEW AMERICAN HIGH SCHOOL" FROM AMONG THREE HUNDRED SCHOOLS NOMINATED NATIONWIDE, AND TO CONGRATULATE AND COMMEND MR. JOHN H. HOSTETLER, PRINCIPAL OF WALHALLA HIGH SCHOOL, FOR HIS OUTSTANDING LEADERSHIP AND FOR THE DEDICATION AND COMMITMENT TO EXCELLENCE DEMONSTRATED BY MR. HOSTETLER AND HIS FACULTY IN ATTAINING THIS EXCEPTIONAL ACHIEVEMENT.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 5091 -- Reps. Lloyd, Inabinett, Cobb-Hunter and White: A CONCURRENT RESOLUTION TO THANK OUR FRIEND AND COLLEAGUE, THE HONORABLE WILLIAM D. "BILLY" KEYSERLING FOR HIS UNWAVERING COMMITMENT AND LOYAL SERVICE TO THE HOUSE OF REPRESENTATIVES AND TO EXTEND BEST WISHES ON THE OCCASION OF HIS RETIREMENT FROM THE GENERAL ASSEMBLY.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 5092 -- Rep. Rice: A CONCURRENT RESOLUTION COMMENDING OUR DISTINGUISHED FORMER COLLEAGUE IN THE GENERAL ASSEMBLY, THE HONORABLE JAMES GEORGE "JIM" MATTOS OF GREENVILLE COUNTY, FOR HIS TEN YEARS OF DEDICATED AND OUTSTANDING SERVICE TO THE PEOPLE OF SOUTH CAROLINA WHILE A MEMBER OF THE HOUSE OF REPRESENTATIVES AND EXTENDING TO HIM AND HIS FAMILY BEST WISHES FOR HAPPINESS AND SUCCESS IN ALL OF THEIR FUTURE ENDEAVORS.

Whereas, for ten years as a member of the House of Representatives, The Honorable James George "Jim" Mattos of Greenville County worked diligently for the betterment of the people of District 26 (Greenville and Pickens counties) and South Carolina; and

Whereas, Jim Mattos was born in Spartanburg and earned a Bachelor of Arts degree from Furman University in 1955 and a Master's degree in Education from Clemson University in 1972; and

Whereas, Jim served in the United States Army with distinction from 1955-57; and

Whereas, he was a teacher and coach at Berea High School for many years; and

Whereas, in 1978 Jim was honored by being selected as South Carolina Teacher of the Year; and

Whereas, during his career in the House of Representatives, he served on the Joint Committee on Mental Health and Mental Retardation and as Chairman of the Operations and Management Committee and Chairman of the Ways and Means Health and Human Services Subcommittee; and

Whereas, he was well respected in the General Assembly for his commitment to many worthy causes. Now, therefore,

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

That the members of the General Assembly commend our former colleague in the General Assembly, The Honorable James George "Jim" Mattos of Greenville County, for his ten years of dedicated and outstanding service to the people of South Carolina while a member of the House of Representatives and extend to him and his family best wishes for happiness and success in all of their future endeavors.

Be it further resolved that a copy of this resolution be forwarded to The Honorable James George Mattos.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 5093 -- Reps. Felder, Lanford, Carnell and P. Harris: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL ON RECEIVING RENEWAL ACCREDITATION ON ITS PUBLIC HEALTH PROGRAM BY THE COMMUNITY HEALTH ACCREDITATION PROGRAM, INC.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 5094 -- Reps. Townsend and Stille: A CONCURRENT RESOLUTION TO CONGRATULATE CRESCENT HIGH SCHOOL "LADY TIGERS" SOFTBALL TEAM ON CAPTURING THE 1996 CLASS AA STATE SOFTBALL CHAMPIONSHIP.

The Concurrent Resolution was adopted, ordered returned to the House.

REPORT OF STANDING COMMITTEE

Senator COURSON from the Committee on Invitations polled out S. 1437 favorable:

Poll of the Invitations Committee on S. 1437
Ayes 8; Nays 0; Not Voting 2

AYES

Courson                   Peeler                    Wilson
Matthews                  Russell                   O'Dell
Passailaigue              McGill

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Patterson                 Rose

TOTAL--2

Adopted

On motion of Senator COURSON, with unanimous consent, the Senate Resolution was taken up for immediate consideration and adopted.

NONCONCURRENCE

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.

The House returned the Bill with amendments.

Senator LANDER moved to nonconcur with the House amendments.

Senator LEVENTIS argued contra to the motion.

Senator SHORT argued in favor of the motion to nonconcur.

Senator LANDER spoke on the motion.

Senator LANDER moved to nonconcur in the House amendments.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 20; Nays 19

AYES

Alexander                 Boan                      Bryan
Courtney                  Fair                      Giese
Hayes                     Holland                   Hutto
Land                      Lander                    Martin
McGill*                   Peeler                    Reese
Russell                   Ryberg                    Setzler
Short                     Smith, J.V.

TOTAL--20

NAYS

Cork                      Courson                   Ford
Glover*                   Gregory*                  Jackson
Leventis                  Matthews                  McConnell
Mescher                   Moore                     O'Dell
Passailaigue              Rankin                    Rose
Smith, G.                 Waldrep                   Washington
Wilson

TOTAL--19

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

The Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

CONFERENCE REPORT ADOPTED
H. 4600 -- GENERAL APPROPRIATION BILL

On motion of Senator DRUMMOND, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator DRUMMOND spoke on the report.

Senator PASSAILAIGUE spoke on the report.

ACTING PRESIDENT PRESIDES

At 6:00 p.m., Senator MARTIN assumed the Chair.

Senator PASSAILAIGUE spoke on the report.

Senator DRUMMOND moved that the Report of the Committee of Conference be adopted.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 45; Nays 1

AYES

Alexander                 Boan                      Bryan
Cork                      Courson                   Courtney
Drummond                  Elliott                   Ford
Giese                     Glover                    Gregory
Hayes                     Holland                   Hutto
Jackson                   Land                      Lander
Leatherman                Leventis                  Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell
Passailaigue              Patterson                 Peeler
Rankin                    Reese                     Richter
Rose                      Russell                   Ryberg
Saleeby                   Setzler                   Short
Smith, G.                 Smith, J.V.               Thomas
Waldrep                   Washington                Wilson

TOTAL--45

NAYS

Fair

TOTAL--1

The Report of the Committee of Conference to H. 4600 was adopted and incorporated by reference in document (DKA\3784HTC.96), and a message was sent to the House accordingly.

Statement by Senator FAIR

I wish to be recorded as voting "no" on the budget because of the provision to fund full-day kindergarten. The following research data clearly indicates that children test at higher levels for readiness for first grade if they attend half-day kindergarten. Please note the research data comes from the State Department of Education.

Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:

H. 4600 -- GENERAL APPROPRIATION BILL
Very respectfully,
Speaker of the House

H. 4600--Enrolled for Ratification

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.

A message was sent to the House accordingly.

CONFERENCE REPORT ADOPTED

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

On motion of Senator DRUMMOND, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator DRUMMOND spoke on the report.

Senator DRUMMOND moved that the Report of the Committee of Conference be adopted.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 45; Nays 1

AYES

Alexander                 Boan                      Bryan
Cork                      Courson                   Courtney
Drummond                  Elliott                   Ford
Giese                     Glover                    Gregory
Hayes                     Holland                   Hutto
Jackson                   Land                      Lander
Leatherman                Leventis                  Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell
Passailaigue              Patterson                 Peeler
Rankin                    Reese                     Richter
Rose                      Russell                   Ryberg
Saleeby                   Setzler                   Short
Smith, G.                 Smith, J.V.               Thomas
Waldrep                   Washington                Wilson

TOTAL--45

NAYS

Fair

TOTAL--1

The Report of the Committee of Conference to H. 4602 was adopted as follows (JIC\6109HTC.96), and a message was sent to the House accordingly:

CONFERENCE REPORT
The General Assembly, Columbia, S.C., May 29, 1996

The COMMITTEE OF CONFERENCE, to whom was referred:

H. 4602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.
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 joint resolution, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for fiscal year 1995-96 the following amounts:

(1) Federal Retiree Settlement 11,500,000

(2) Catawba Indian Settlement 2,500,000

(3) Budget & Control Board-

State House Renovation 4,530,422

(4) State Election Commission-

1996 General Election Expenses 1,435,190

(5) Department of Public Education-

Instructional Materials 13,602,951

(6) The South Carolina School for

The Deaf and The Blind-

Facility and Equipment Upgrade 350,000

(7) Budget & Control Board-

Public Education Technology 10,000,000

(8) Commission on Higher Education-

Formula Funding 33,700,000

Funds appropriated for the Higher Education formula shall be used only for nonrecurring purposes.

(9) University of South Carolina-

Institute of Public Affairs 300,000

(10) South Carolina Department of

Labor, Licensing and Regulation-

Fire Academy-Equipment and

Dry Hydrants 450,000

The Department of Labor, Licensing and Regulation is directed to coordinate with the Low Country Resource Conservation and Development Council to distribute the funds provided herein for the purchase of materials associated with the installation of Dry Fire Hydrants.

(11) John De La Howe School-

Building Maintenance 65,000

(12) Human Affairs Commission-

Computer Upgrade 24,000

(13) Wil Lou Gray-

Dorm Furniture and Equipment 165,000

(14) Wil Lou Gray-

Replace Telephone System 50,000

(15) Department of Agriculture-

Horticulture Building 200,000

(16) Department of Natural Resources-

(a) Game-Construction/Renovate Facilities 509,775

(b) Marine Resources - Equipment 300,000

(d) Geology Equipment and Vehicles 53,520

(17) Clemson Public Service Activities-

Plant Industries Research Complex and

Other 600,000
Total Capital Reserve Fund

Appropriation 80,489,858

SECTION 2. This joint resolution takes effect thirty days after the completion of the 1995-96 fiscal year in accordance with the provisions of Article III, Section 36(B)(3)(a), Constitution of South Carolina, 1895, and Section 11-11-320(D)(1) of the 1976 Code./

Amend title to conform.

/s/Senator John Drummond          /s/Rep. Henry E. Brown, Jr.
/s/Senator J. Verne Smith         /s/Rep. William D. Boan
/s/Senator Ty Courtney            /s/Rep. Alfred B. Robinson, Jr.
On Part of the Senate.            On Part of the House.

Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:

H. 4602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.
Very respectfully,
Speaker of the House

H. 4602--Enrolled for Ratification

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.

A message was sent to the House accordingly.

HOUSE AMENDMENTS AMENDED

H. 3273 -- Rep. Townsend: A BILL 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 ELIMINATE THE BIENNIAL FEE FOR THE LICENSE PLATE, TO PROVIDE THAT THE PLATE MUST BE PERMANENT, AND TO ELIMINATE THE REQUIREMENT THAT THE LICENSE PLATE BE ISSUED ON A BIENNIAL BASIS.

The House returned the Bill with amendments.

Amendment No. 1

Senators LAND, SETZLER and PEELER proposed the following Amendment No. 1 (3273R002.JCL), which was adopted:

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

/SECTION ___. Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 60
Shriners License Plates

Section 56-3-7100. The department may issue special motor vehicle license plates to members of the Shriners for private motor vehicles registered in their names. The fee for the issuance of this special plate must be the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the Department of Revenue. Every five years the department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly. Only one plate may be issued to a Shriner."/

Renumber sections to conform.

Amend title to conform.

Senator LAND explained the amendment.

The amendment was adopted.

The Bill was ordered returned to the House with amendments.

Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

Very respectfully,
Speaker of the House

Received as information.

Motion to Ratify Adopted

At 7:45 P.M., Senator MOORE asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at their convenience.

There was no objection and a message was sent to the House accordingly.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

ORDERED ENROLLED FOR RATIFICATION

The following Bills and Joint Resolution were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 4699 -- Reps. Stuart, Wilkins and Harrison: A BILL TO AMEND SECTION 12-37-251, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION FROM SCHOOL OPERATING TAXES AND ROLLBACK MILLAGE LIMITATIONS, SO AS TO DEFINE "ROLLBACK MILLAGE".

Senator MATTHEWS asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

H. 4717 -- Reps. Sharpe and Rice: A BILL TO AMEND SECTION 44-96-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT, SO AS TO DEFINE "STRUCTURAL FILL"; TO AMEND SECTION 44-96-80, RELATING TO COUNTY OR REGIONAL SOLID WASTE MANAGEMENT PLANS, SO AS TO PROVIDE THAT THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT DOES NOT AUTHORIZE A LOCAL GOVERNMENT TO ENACT ORDINANCES OR RESOLUTIONS TO REGULATE STRUCTURAL FILLS; AND TO AMEND SECTION 44-96-290, 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.

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.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 3338 -- Reps. Jennings, Cobb-Hunter, Kennedy and Neal: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1315 SO AS TO PROVIDE THAT A CANDIDATE MAY NOT, DIRECTLY OR INDIRECTLY, GIVE, OFFER, OR PROMISE ANYTHING OF VALUE TO AN ELECTION OFFICIAL AND TO PROVIDE THAT AN ELECTION OFFICIAL MAY NOT, DIRECTLY OR INDIRECTLY, ASK, DEMAND, EXACT, SOLICIT, SEEK, ACCEPT, RECEIVE OR AGREE TO RECEIVE ANYTHING OF VALUE FROM A CANDIDATE; TO AMEND SECTIONS 7-25-50 AND 7-25-60, BOTH AS AMENDED, RELATING TO BRIBERY AT ELECTIONS, SO AS TO INCREASE THE PENALTIES; TO AMEND SECTION 8-13-1300, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL" AND TO AMEND THE DEFINITION OF "TRANSFER" TO INCLUDE TRANSFERS BETWEEN A CANDIDATE AND AN ELECTION OFFICIAL; AND TO AMEND SECTION 8-13-1348, AS AMENDED, RELATING TO THE USE OF CAMPAIGN FUNDS, SO AS TO ESTABLISH A PROCEDURE BY WHICH A CAMPAIGN RELATED PAYMENT MUST BE MADE BY CHECK, REQUIRE THE EXPENDITURE OF THESE FUNDS TO BE DOCUMENTED WHEN PAID TO AN INDIVIDUAL RECIPIENT, REQUIRE THE DOCUMENTATION BE MAINTAINED AND INCLUDED IN CAMPAIGN REPORTS, AND PROVIDE THAT A CANDIDATE IS DEEMED TO HAVE VIOLATED SECTIONS 7-25-50 AND 7-25-60 IF HE DOES NOT COMPLY WITH THE PROVISIONS OF THIS SECTION, PROVIDE THAT NO PERSON MAY BE REIMBURSED FOR TRANSPORTATION SERVICES IN AN AMOUNT WHICH WOULD EXCEED THE MILEAGE ALLOWED BY LAW FOR MEMBERS OF STATE BOARDS, COMMISSIONS, AND COMMITTEES, AND THE AMOUNT PAID MAY NOT EXCEED THE AMOUNT PAID TO OFFICIAL POLL MANAGERS BY THE STATE ELECTION COMMISSION PURSUANT TO THE PROVISIONS OF SECTION 7-23-10.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Amendment No. 1

Senator MOORE proposed the following Amendment No. 1 (JUD3338.002), which was adopted:

Amend the bill, as and if amended, page 3, beginning on line 31, in Section 8-13-1300(10), as contained in SECTION 3, by striking subsection (B) in its entirety and inserting therein the following:

/(B) 'Election official' means a member of a municipal, county, or state election commission, whether elected or appointed; a member of a county voter registration board, whether elected or appointed; a member of a combined election commission and voter registration board, whether elected or appointed; a member of a municipal, county, or state party executive committee, whether elected or appointed; and a municipal, county, or state poll manager or poll worker, whether elected or appointed where the election official has jurisdiction over any election in which the candidate, committee, campaign worker, or political party official is a candidate or seeks to affect the outcome of any election."/

Amend the bill further, as and if amended, beginning on page 4, line 11, by striking SECTION 5 in its entirety and inserting therein the following:

/SECTION 5. Section 8-13-1348(C) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(C)(1) An expenditure of more than twenty-five dollars must be made by a written instrument drawn upon the campaign account containing the name of the candidate or committee and the name of the recipient. Expenditures of twenty-five dollars or less that are not made by a written instrument containing the name of the candidate or committee and the name of the recipient must be accounted for by a written receipt or written record. Any payment to any person which is related to efforts by or on behalf of a candidate, committee, public official, or political party in aid of or to promote the candidacy of an individual for nomination for election or for election to elective public office or the passage or defeat of a ballot measure, or to efforts directly to promote or encourage the participation of voters in an election including, but not limited to, payments made to campaign workers and payments to other persons which are intended for further transfer to election-day workers or other ultimate payees, must be made by check payable to the named person, and the payment may not be made in currency.

(2) Any campaign worker or other person who shall receive a payment which is intended for further transfer to election-day workers or other ultimate payees shall make such further payments by check only payable to the ultimate payee, and the payment may not be made in currency, and such payments shall be documented as provided in subsection (4) below.

(3) Any payment to a candidate, committee, public official, political party, or to any other person, association or group, by a candidate or committee or by any other person, association or group, which payment is related to efforts in aid of or to promote the candidacy of an individual for nomination for election or for election to elective public office or the passage or defeat of ballot measures, or to efforts directly to promote or encourage the participation of voters in an election must be made by check payable to the named committee, person, association, or group, and the payment may not be made in currency.

(4) When funds are paid to a person from a campaign account under the provisions of this subsection, all funds expended by this person must be documented as to the specific goods and services obtained. This documentation must be maintained and included in campaign reports. A candidate is deemed to have violated Sections 7-25-50 and 7-25-60 (bribery at elections) if he does not comply with the provisions of this subsection.

(5) Whenever any person, partnership, association, or corporation provides to any candidate, campaign, or political party services, materials, facilities, or other things of value for which that person, partnership, association, or corporation normally receives compensation and receives no compensation or compensation which is less than the fair market value of those services, materials, facilities, or other things of value, all such services, materials, facilities, or other things of value, with both their actual costs to the candidate, campaign, or political party and their fair market value must be documented. This documentation must be maintained and included in campaign reports. A candidate is deemed to have violated Section 7-25-50 and 7-25-60 (bribery at election) if he does not comply with the provisions of this section."/

Amend title to conform.

Senator MOORE explained the amendment.

Senator MOORE moved that the amendment be adopted.

The amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

COMMITTEE AMENDMENT TABLED, AMENDED
READ THE THIRD TIME, RETURNED TO THE HOUSE

H. 4469 -- Reps. Wilkins, Sharpe, Haskins, Cato, D. Smith, Townsend, J. Brown and Harrison: A BILL 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, TO PROHIBIT, WITHOUT PRIOR COURT APPROVAL, CONTACT WITH JURORS WHO SENTENCED AN INDIVIDUAL TO DEATH BY ATTORNEYS OR AGENTS OF THAT INDIVIDUAL; BY ADDING SECTION 17-25-375 SO AS TO FURTHER PROVIDE FOR PROCEDURES FOR THE SETTING OF EXECUTION DATES; BY AMENDING SECTION 17-25-380, RELATING TO NOTICES OF THE INTENT TO EXECUTE A DEATH SENTENCE, SO AS TO FURTHER PROVIDE FOR THESE NOTICE REQUIREMENTS; BY ADDING SECTION 17-27-130 SO AS TO CLARIFY THE CIRCUMSTANCES WHEN THE ATTORNEY-CLIENT PRIVILEGE IS WAIVED IN STATE POST-CONVICTION PROCEEDINGS, AND TO PROVIDE FOR CERTAIN ACCESS OF NEW COUNSEL TO THE FILES OF PRIOR COUNSEL IN CASES OF DEFENDANTS SENTENCED TO DEATH; BY ADDING SECTION 17-27-140 SO AS TO REQUIRE THE SENTENCING TRIAL JUDGE IN CAPITAL CASES TO PRESIDE OVER COLLATERAL REVIEW PROCEEDINGS UNLESS ACTUAL BIAS OR PREJUDICE IS FOUND TO EXIST; BY ADDING SECTION 17-27-150 SO AS TO PROVIDE THAT DISCOVERY PROCESSES ARE ONLY AVAILABLE TO THE PARTIES IN A STATE POST-CONVICTION RELIEF CASE UPON A SHOWING OF GOOD CAUSE; AND BY ADDING SECTION 17-27-160 SO AS TO PROVIDE FOR TIME LIMITS IN CERTAIN MATTERS IN STATE POST-CONVICTION RELIEF CASES INVOLVING A SENTENCE OF DEATH FOR THE PURPOSE OF EXPEDITING REVIEW OF SUCH CASES, AND TO FURTHER PROVIDE FOR THE APPOINTMENT AND COMPENSATION OF COUNSEL IN THESE CASES.

Senator McCONNELL asked unanimous consent to make a motion to take up the Bill for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

On motion of Senator McCONNELL, with unanimous consent, the amendment (JUD4469.001) proposed by the Committee on Judiciary was laid on the table:

Amend the bill, as and if amended, page 2, beginning on line 33, in Section 16-3-21(B), as contained in SECTION 2, by striking lines 33 and 34 in their entirety and inserting therein:

/file; or

(2) upon a showing of good cause, the trial or post-conviction relief judge may allow for/.

Amend title to conform.

Amendment No. 1

Senator RICHTER proposed the following Amendment No. 1 (JUD4469.002), which was tabled:

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

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

"Section 40-5-375. A person who has been a member in good standing of the South Carolina Bar Association for at least twenty-five years must not be required to serve without compensation as an attorney or guardian ad litem in a legal proceeding."/

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

Senator McCONNELL moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 5

Senators McCONNELL and HUTTO proposed the following Amendment No. 5 (JUD4469.007), which was adopted:

Amend the bill, as and if amended, page 2, beginning on line 11, by striking SECTION 2 in its entirety and inserting therein the following:

/SECTION 2. The 1976 Code is amended by adding:

"Section 16-3-21. (A) In all cases in which an individual is sentenced to death, the trial judge shall, before the dismissal of the jury, verbally instruct the jury concerning the discussion of its verdict. A standard written instruction shall be promulgated by the Supreme Court for use in all capital cases.

(B) The verbal instruction shall include:

(1) The right of the juror to refuse to discuss the verdict;

(2) The right of the juror to discuss the verdict to the extent that the juror so chooses;

(3) The right of the juror to terminate any discussion pertaining to the verdict at any time the juror so chooses;

(4) The right of the juror to report any person who continues to pursue a discussion of the verdict or who continues to harass the juror after the juror has refused to discuss the verdict or communicated a desire to terminate discussion of the verdict; and

(5) The name, address, and phone number of the person or persons to whom the juror should report any harassment concerning the refusal to discuss the verdict or the juror's decision to terminate discussion of the verdict.

(C) In addition to the verbal instruction of the trial judge, each juror, upon dismissal from jury service, shall receive a copy of the written jury instruction set forth in subsection (A)."/

Amend the bill further, as and if amended, page 2, beginning on line 39, by striking SECTION 3 in its entirety.

Amend the bill further, as and if amended, page 4, beginning on line 37, in Section 17-27-130, as contained in SECTION 5, by striking lines 37 and 38 in their entirety and inserting therein the following:

/appellate counsel. The capital defendant's collateral counsel may inspect and photocopy the files, but the defendant's prior trial or appellate counsel shall maintain/.

Amend the bill further, as and if amended, page 5, beginning on line 1, in Section 17-27-150, as contained in SECTION 6, by striking lines 1 through 8 in their entirety and inserting therein the following:

/"Section 17-27-150. (A) A party in a non-capital post-conviction relief proceeding shall be entitled to invoke the processes of discovery available under the South Carolina Rules of Civil Procedure if, and to the extent that, the judge in the exercise of his discretion and for good cause shown grants leave to do so, but not otherwise. If necessary for the effective utilization of discovery procedures, counsel may be appointed by the judge for an applicant who qualifies for appointment pursuant to Section 17-27-60 or similar applicable provisions of law.

(B) A party in a capital post-conviction relief proceeding shall be entitled to invoke the processes of discovery available under the South Carolina Rules of Civil Procedure."/.

Amend the bill further, as and if amended, page 5, beginning on line 29, in Section 17-27-160(B), as contained in SECTION 7, by striking lines 29 through 43 in their entirety and inserting therein the following:

/If the applicant is indigent and desires representation by counsel, two counsel shall be immediately appointed to represent the petitioner in this action. At least one of the attorneys appointed to represent the applicant must have previously represented a death-sentenced inmate in state or federal post-conviction relief proceedings or (1) must meet the minimum qualifications set forth in Section 16-3-26(B) and Section 16-3-26(F) and (2) have successfully completed, within the previous two years, not less than twelve hours of South Carolina Bar approved continuing legal education or professional training primarily involving advocacy in the field of capital appellate and/or post-conviction defense. The Supreme Court may promulgate additional standards for qualifications of counsel in capital post-conviction proceedings. The court may not appoint an attorney as counsel under this section if the attorney represented the applicant at trial or in a direct appeal unless the applicant and the attorney request appointment on the record or the court finds good cause to make the appointment. Counsel appointed in these cases shall be compensated from the funding provided in Section 16-3-26 in the same manner and rate as appointed trial counsel, provided that Section 16-3-26(I) shall not apply to counsel appointed in post-conviction relief proceedings. Appointed counsel on appeal from state post-conviction relief cases shall be funded and compensated from the funds established for representation of indigents on appeal by the Office of Appellate Defense pursuant to Chapter 4 of Title 17. Nothing in this section shall preclude an out-of-state attorney from appearing pro hac vice./

Amend the bill further, as and if amended, page 6, line 7, in Section 17-27-160(C), as contained in SECTION 7, by striking the word /fifteen/ and inserting therein the word /thirty/.

Amend the bill, as and if amended, page 6, beginning on line 13, in Section 17-27-160(D), as contained in SECTION 7, by striking lines 13 through 16 in their entirety and inserting therein:

/(D) Within thirty days from the receipt of the transcript, or if the judge requests post trial briefs, within thirty days from the receipt of the post trial briefs, the hearing judge in writing shall make specific findings of fact and state expressly the judge's conclusions of law relating to each issue. This order is a final judgment subject to a motion for rehearing, a motion to alter or amend judgment, a motion for relief from judgment or order, or any other motion as allowed by the South Carolina Rules of Civil Procedure./

Renumber sections to conform.

Renumber subsections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

Senator HUTTO moved that the amendment be adopted.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 46; Nays 0

AYES

Alexander                 Boan                      Bryan
Cork                      Courson                   Courtney
Drummond                  Elliott                   Fair
Ford                      Giese                     Glover
Gregory                   Hayes                     Holland
Hutto                     Jackson                   Land
Lander                    Leatherman                Leventis
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore
O'Dell                    Passailaigue              Patterson
Peeler                    Rankin                    Reese
Richter                   Rose                      Russell
Ryberg                    Saleeby                   Setzler
Short                     Smith, G.                 Smith, J.V.
Thomas                    Waldrep                   Washington
Wilson

TOTAL--46

NAYS

TOTAL--0

The amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 4557 -- Rep. Kirsh: A BILL 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 AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO ALLOW THE DEDUCTION OF BINGO PRIZES AND WINNINGS; TO AMEND SECTION 12-8-530, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO EXEMPT BINGO PRIZES AND WINNINGS FROM WITHHOLDING, 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.

Senator GREG SMITH asked unanimous consent to make a motion to take up the Bill for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Amendment No. 1

Senator GREG SMITH proposed the following Amendment No. 1 (JIC\6107HTC.96), which was adopted:

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

/SECTION 1. Chapter 21, Title 12 of the 1976 Code is amended by adding:

"Article 24
Regulation of Bingo Games

Section 12-21-3910. This article may be cited as the Bingo Tax Act of 1996.

Section 12-21-3920. As used in this article:

(1) 'Bingo' or 'game' means a specific game of chance, commonly known as bingo, in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers and symbols selected at random.

(2) 'Department' means the South Carolina Department of Revenue and Taxation.

(3) 'Card' means a printed or nonprinted design on which there are arranged five horizontal rows and five vertical columns forming twenty-five squares. Numbers are printed in twenty-four of the squares, and the term 'free', 'free square', or 'free space' is printed in the square or space located in the center of the card. The five columns are denominated from left to right by the respective letters of the word 'B-I-N-G-O'. Each square in the 'B' column contains a number from one through fifteen inclusive; each square in the 'I' column contains a number from sixteen through thirty inclusive; except for the center space which is marked as free, each square in the 'N' column contains a number from thirty-one through forty-five inclusive; each square in the 'G' column contains a number from forty-six through sixty inclusive; and each square in the 'O' column contains a number from sixty-one through seventy-five inclusive. No number may appear twice on the same card.

(4) 'Promoter' means an individual, corporation, partnership, or organization who is hired by a nonprofit organization to manage, operate, or conduct the licensee's bingo game. The person hired under written contract is considered the promoter.

(5) 'Nonprofit organization' means an entity which is organized and operated exclusively for charitable, religious, or fraternal purposes which is exempt from federal income taxes pursuant to Internal Revenue Code Section 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19).

(6) 'Session' means a consecutive series of games which must occur only between one o'clock p.m. and one o'clock a.m. No more than one session may occur during the permitted twelve-hour period. These limitations do not apply to games operated by state or county fairs.

(7) 'Fair' means a recognized annual state or county fair. The fair must be recognized by the governing body of the county in which it is held, or in the case of the State, by the South Carolina Agricultural and Mechanical Society.

(8) 'Ball' means a ball, disk, square, or other object upon which is printed a letter and number which corresponds to the letter and number of a square on a bingo card.

(9) 'Cage' means a device, whether operated manually or by air blower, in which bingo balls are placed before the bingo game begins.

(10) 'Caller' means the house representative who is responsible for drawing bingo balls and announcing the configuration and the result of each drawing to the players.

(11) 'Drawing' means the indiscriminate selection of a single ball from the cage.

(12) 'House' means the nonprofit organization and promoter licensed with the department.

(13) 'Marker' means a device which indicates the number called.

(14) 'Master-board' means the receptacle used by the house to display balls which are drawn during the bingo game.

(15) 'Player' means one who participates in a game of bingo other than as an agent, promoter, or representative of the house.

(16) 'Fund' means the Parks and Recreation Development Fund.

(17) 'Building' means a structure surrounded by exterior walls or permanent firewalls.

(18) 'Manufacturer' means a person who manufactures bingo cards for use in this State and who is approved by the department.

(19) 'Distributor' means a person who brings or sells bingo cards in this State and who is approved by the department.

Section 12-21-3930. The game of bingo is not a lottery when:

(1) the nonprofit organization conducting the game has completed the application as described in Section 12-21-3940 and the application has been approved by the department;

(2) the promoter under contract with the nonprofit organization is licensed properly with the department;

(3) the nonprofit organization presents to the department upon application a certified copy of the statement issued by the Internal Revenue Service exempting it from federal income taxation;

(4) the game is conducted in accordance with the provisions of Sections 12-21-3990 and 12-21-4000 and approved cards are used.

Section 12-21-3940. (A) Before conducting a game of bingo, a nonprofit organization shall file with the department a written application in a form prescribed by the department, executed and notarized which must include:

(1) the name, address, and telephone number of the applicant and sufficient facts relating to its incorporation and organization to enable the department to determine whether it is an authorized organization;

(2) a copy of the organization's corporate charter and the Internal Revenue Service's statement exempting the applicant from federal income taxes;

(3) the names, addresses, and telephone numbers of the organization's officers;

(4) the place and time the applicant intends to conduct bingo under the license for which it applied;

(5) the specific purpose to which the bingo net proceeds are to be devoted;

(6) the designation of a 'promoter' as defined by this article;

(7) a copy of any contract or lease between a promoter and the nonprofit organization;

(8) the name, address, telephone number, birth date, and Social Security number of each person who will work at the proposed bingo games and receive compensation for the work, the nature of the work to be performed, and a statement as to whether or not the person has been convicted within the last twenty years of a state or federal felony, gambling offense, criminal fraud, or a crime that has a sentence of two or more years;

(9) other information considered necessary by the department.

(B) Upon application for a license, the department has thirty days to approve or reject the application based on the requirements of this article.

(C) The nonprofit organization does not need to apply for renewal of the license as long as there are no changes in the operation or location of the game. Changes in information supplied on the original application must be forwarded to the department, in writing, within thirty days of the change. In the case of a change in the place and time, notice must be given thirty days before the change.

Section 12-21-3950. (A) A promoter under contract with a licensed nonprofit organization to manage, operate, or conduct a game shall file a written application for a promoter's license in a form prescribed by the department, executed and notarized, which must include:

(1) the name, address, telephone number, and Social Security number of the promoter or of each officer if the promoter is a corporation;

(2) a copy of the promoter's contract or lease with the nonprofit organization. A contract must exist between the sponsoring organization and the promoter detailing all expenses;

(3) the name, address, telephone numbers, and Social Security number of any person working for the promoter at the bingo game and receiving compensation for the work;

(4) a notarized statement as to whether or not the applicant for a promoter's license or any of his employees have been convicted within the last twenty years of a state or federal felony, gambling offense, criminal fraud, or a crime that has a sentence of two or more years.

(B) Upon application for a license, the department has thirty days to approve or reject the application based on the requirements of this article.

(C) A promoter shall file a renewal application each year submitting any changes in information and documentation previously submitted as required by this section. The promoter is required to notify the department, in writing, of any changes in the information supplied on the application within thirty days of the change.

(D) The license authorized by this section is for the privilege of engaging in business as a bingo promoter and must be purchased from the department at a cost of one thousand dollars a year.

A promoter shall obtain a promoter's license for each organization for which he operates bingo games.

Section 12-21-3955. If a nonprofit organization intending to operate a Class AA or B license does not contract with an outside promoter, the organization shall designate a member as the promoter.

Section 12-21-3960. The promoter and the nonprofit organization are jointly and severally liable for all taxes, penalties, interest, and fines imposed by this article and Chapter 54 of this title.

Section 12-21-3970. For each licensed nonprofit organization the promoter manages, operates, or conducts bingo, the promoter must purchase a promoter's license as provided in Section 12-21-3950 before operating or conducting bingo. No promoter is permitted more than five licenses. This license must be prominently displayed at the location where bingo is conducted.

Section 12-21-3980. (A) The promoter's license authorized by this article must not be transferred to another person, organization, entity, or corporation. The promoter's license, upon written application to the department, may be transferred to a new location for the remainder of the license period if the licensed nonprofit organization has applied for a location transfer as provided in subsection (B) of this section. The written application must be on a form prescribed by the department and must state, under penalties of perjury, that the information on the transfer application and the original license application is true and correct, or, in the case of the original application, is still valid and unchanged. No additional license fee is required with respect to the transfer of the location and the promoter may not conduct bingo at the new location until the new license is issued.

(B) The nonprofit organization's license authorized by this article must not be transferred to another nonprofit organization and is valid and continues in force so long as the nonprofit organization to which it is issued continues to conduct the bingo games at the location authorized by the license.

The nonprofit organization's license, upon written application to the department, may be transferred to a new location. The written application must be on a form prescribed by the department and must state, under penalties of perjury, that the information on the transfer application and the original license application is true and correct or, in the case of the original application, is still valid and unchanged. The nonprofit organization cannot operate at the new location until the new license is issued.

(C) No promoter or nonprofit organization may lease, sell, rent, lend to, or exchange with another person, organization, corporation, or other entity a promoter's or bingo license issued pursuant to this article.

Section 12-21-3990. (A) The game of bingo must be played in the following manner:

(1) Bingo is played by more than one player and a caller who is associated with the house. Each player must pay no more than face value for each card to be played during the course of a game and may purchase the card for a specified number of games. After the player has purchased a card or cards for a specified number of games, the house cannot require or accept an additional payment or consideration by the player in order to complete the specified number of games.

(2) Before each game begins, the caller shall announce to the players the configuration or configurations that will win the game. A configuration consists of a number of grids covered in the manner announced by the caller. Any method of playing the games is allowed if the method is announced before each game beginning including, but not limited to, wild card games.

(3) The prize must be awarded to the winner of that game without delay. For multiple winners, the prize must be divided equally among the winners. In the case of a merchandise prize, the cash value of the merchandise may be divided among the winners. Purchase receipts of merchandise awarded as prizes must be made available to players and the department for confirmation of value.

(4) The caller shall draw and announce numbers from the cage one at a time. If a player has a card with the called number on it, he may use a marker to cover the square which contains the number. After the number is announced, it must be indicated on the master-board by the caller.

(5) When a player covers sufficient squares on a card to achieve the winning configuration, he may indicate to the caller. The caller shall require that the player's card be checked against the master-board in the presence of the other players to determine if the squares were covered accurately. If it is determined by the caller that the player accurately has covered the squares and achieved the preannounced configuration, the player is declared the winner. If it is determined that the player has not covered the squares accurately and achieved the preannounced configuration, play continues in that game.

(6) All devices, including the master-board, used to show what numbers have been called during a game must not be changed or turned off until the winners are verified.

Section 12-21-4000. In addition to the manner of play prescribed in Section 12-21-3990, the following procedures apply to the conduct of the game:

(1) Before the beginning of the first game, all seventy-five balls must be displayed openly on the master-board for the inspection of the players.

(2) Only one set of seventy-five balls and only one master-board is allowed in the room or area during the play of the game.

(3) Only one bet or payment is to be paid for each card.

(4) No bets or payments may be made while a game is in progress, except the sale of cards for subsequent games.

(5) Reserved.

(6) The house is required to identify the games for which a card may be used before the card is purchased.

(7) Before the start of play, the caller shall announce to all players the winning configuration of covered squares for that particular game.

(8) The prize must be awarded to the first person who successfully achieves the winning configuration of covered squares.

(9) Balls must be selected randomly by an indiscriminate process.

(10) Only one number may be called at a time.

(11) All balls drawn remain on the master-board until the conclusion of the game.

(12)(a) At least fifty percent of the gross proceeds of the sale of bingo cards taken in by the house during a single session must be returned to the players in the form of prizes. However, with respect to fair licenses, this requirement must be met during the course of the fair.

(b) A bingo operation may take in only two times more in gross proceeds than the prize for that session. Amounts in excess of this limit are subject to a tax, in addition to any other bingo license taxes and fees equal to the amount of the excess. These excess proceeds tax must be remitted to the department on the organization's quarterly bingo report and distributed as provided in Section 12-21-4190. Failure to remit this excess proceeds tax to the department shall result in immediate suspension of both the promoter's license and the organization's license. The department, after a conference with the promoter and organization, may permanently revoke the license of the promoter or the nonprofit organization, or both. If permanently revoked, the promoter, nonprofit organization, or any partner or member of the organization may no longer manage, conduct, or assist in any manner with a bingo operation in this State.

(13) The playing of bingo is restricted to the premises designated with the department by the sponsor organization.

(14) Bingo only may be played at the place designated by the bingo licensee on its original or amended application.

Section 12-21-4010. The provisions of Sections 12-21-3930 through 12-21-3950 do not apply to the holder of a fair bingo license. However, the department shall prescribe a separate application form for fairs to obtain a license.

Section 12-21-4020. The following are the classes of bingo licenses:

(1) CLASS AA: An organization operating a bingo game offering prizes with a minimum payout of fifty thousand dollars a session shall obtain a Class AA bingo license at a cost of four thousand dollars. The prizes offered at any one session may not exceed two hundred fifty thousand dollars. The holder of a Class AA license may not conduct more than one bingo session a month.

(2) CLASS B: An organization operating a bingo game offering prizes, which do not exceed eight thousand dollars a session, shall obtain a Class B bingo license at a cost of one thousand dollars. The holder of a Class B license may not conduct more than three bingo sessions a week.

(3) CLASS C: An organization operating a bingo game and offering prizes of twenty dollars or less a game during a single session shall obtain a Class C bingo license at no cost. However, the organization may offer a prize in cash or merchandise of no more than one hundred fifty dollars for six jackpot games a session.

(4) CLASS D: A person, organization, or corporation desiring to conduct a bingo game at a fair as defined in Section 12-21-3920 and who offers prizes for each game of no more than fifty dollars in merchandise shall obtain only a temporary Class D bingo license at a cost of one hundred dollars for not more than ten days or two hundred dollars for more than ten days.

(5) CLASS E: An organization which has a game of bingo and operates exclusively by bona fide members who are residents of this State and who do so on a strictly volunteer basis and whose gross bingo proceeds do not exceed forty thousand dollars a calendar quarter, and where prizes do not exceed four thousand dollars a session shall obtain a Class E license from the department at a cost of five hundred dollars. If the gross bingo proceeds for any calendar quarter exceed thirty thousand dollars, the person or organization within ten days is required to obtain a Class B license from the department and comply with all requirements of a Class B license. The holder of a Class E license may not conduct more than one bingo session a week.

Section 12-21-4030. (A) A promoter or organization may not impose a charge, other than as provided in subsection (B), on a player of more than the face value of each card sold to play bingo.

(B)(1) A holder of a Class AA license shall impose an entrance fee of eighteen dollars;

(2) A holder of a Class B license shall impose an entrance fee of five dollars.

(3) A holder of a Class D or Class E license may impose a five dollar entrance fee. The entrance fees collected are not required to be remitted as taxes and are not included in gross proceeds for purposes of the prize limitations provided in Section 12-21-4000(12)(a).

Section 12-21-4040. No nonprofit organization may hold more than one bingo license.

Section 12-21-4050. Only one nonprofit organization may operate or cause the operation of bingo in a building. This section applies to all buildings regardless of ownership, of primary use, or of original use.

Section 12-21-4060. A person who has been convicted within the last twenty years of violating a state or federal criminal statute relating to gaming or gambling, or who has been convicted of any other crime that has a sentence of two or more years, or where applicable, whose promoter's license has been revoked by the department is not permitted to manage or conduct a game or assist in any manner with the bingo operation.

Section 12-21-4070. No license, as provided by this article, may be issued to an organization, promoter, or individual that has not been domiciled in this State for at least three years immediately preceding the license application. In the case of the organization, the organization must also have been active in this State for at least three years.

Section 12-21-4080. (A) Upon completion of the session, the promoter shall deliver to the representative member of the organization the gross proceeds from the session less the amount paid out as prizes and collected as entrance fees.

(B) The representative member of the nonprofit organization shall deposit the funds into the bingo checking or savings account as described in Section 12-21-4090. For purposes of this section, a member of the licensed nonprofit organization is any individual who holds a full membership in the organization as defined by the organization's constitution, charter, articles of incorporation or by-laws and has been a member of the organization for at least one year. The term also includes those individuals who are members of an auxiliary or recognized junior affiliate of the parent organization.

Section 12-21-4090. (A) The provisions of this section apply to the licensed nonprofit organization which is responsible for the special checking and savings accounts established by this section.

(B) The organization shall control all deposits, transfers, and disbursements from these accounts, including the payment of compensation to the promoter and employees of the promoter or organization working the bingo games.

(C) An organization receiving an annual license to conduct bingo shall establish and maintain one regular checking account designated the 'bingo account' and also may maintain an interest-bearing savings account designated the 'bingo savings account'. All funds derived from the conduct of bingo, less the amount awarded as cash prizes, must be deposited in the bingo account. No other funds may be deposited in the bingo account. Deposits must be made no later than the next business day following the day of the bingo occasion on which the receipts were obtained. All accounts must be maintained in a financial institution in this State.

(D) Funds from the bingo account must be withdrawn by preprinted, consecutively-numbered checks or withdrawal slips, jointly signed by a properly authorized representative of the licensed nonprofit organization and promoter and made payable to a person or organization. Checks must be imprinted with the words 'Bingo Account' and must contain the organization's bingo license number on the face of the check. There also must be noted on the face of the check or withdrawal slip the nature of the payment made. No check or slip may be made payable to 'cash', 'bearer', or a fictitious payee. All checks, including voided checks and slips, must be kept and accounted for.

(E) Funds received by the nonprofit organization from the department as a result of the sale of bingo cards must be deposited into a separate account and maintained separately from bingo funds and the bingo account referenced in this section.

(F) Checks drawn on the bingo account must be for one or more of the following purposes:

(1) payment of necessary and reasonable bona fide expenses incurred and paid in connection with the conduct of bingo;

(2) payment of necessary and reasonable compensation incurred and paid in connection with the conduct of bingo for personnel and promoters managing and conducting the game;

(3) disbursement of net proceeds derived from the conduct of bingo to charitable purposes or the purpose for which the organization was established;

(4) transfer of net proceeds derived from the conduct of bingo to the bingo savings account pending a disbursement to a charitable purpose.

(G) The disbursement of net proceeds on deposit in the bingo savings account to a charitable purpose must be made by transferring the intended disbursement back into the bingo account and then withdrawing the amount by a check drawn on that account as prescribed in this section.

(H) Proceeds given to a person or an organization for a charitable purpose must not be used by the donee:

(1) to pay for services rendered or materials purchased in connection with the conducting of bingo by the donor organization; or

(2) for a cause, an act, or an activity that does not constitute a charitable purpose or other purpose for which the organization was established if the activity is conducted by the donor organization.

(I) Gross proceeds derived from the conduct of bingo must not be commingled with other funds of the licensed organization.

(J) A licensed organization that has stopped conducting bingo and has unexpended bingo funds shall disburse those funds to a charitable purpose or other purposes for which the organization was established within one year after the date it ceases to conduct bingo. However, unexpended funds to be used for a building fund may be retained for this purpose. The organization shall file a report with the department showing the establishment of a building fund, the amount of money from the special account to be retained for that purpose, and other information the department may consider necessary. If the organization is identified as a fictitious charity after originally licensed, any payments due the charity revert to the general fund.

(K) Net proceeds must not be used directly or indirectly by a licensed authorized nonprofit organization to support or oppose a candidate or slate of candidates for public office, to support or oppose a measure submitted to a vote of the people, or to influence or attempt to influence legislation. The records of these accounts are available for inspection, upon demand, by the department.

Section 12-21-4100. (A) Each licensed nonprofit organization conducting bingo games shall submit quarterly to the department on the last day of the month following the close of the calendar quarter a report under oath containing the following information:

(1) the amount of the gross proceeds derived from the games;

(2) each item of expense incurred or paid;

(3) each item of an expenditure made or to be made, with a detailed description of the merchandise purchased or the services rendered;

(4) the net proceeds derived from the games;

(5) the use to which the proceeds have been or are to be applied;

(6) a list of prizes offered and given, with their respective values;

(7) excess proceeds as provided in Section 12-21-4000(12)(b);

(8) number of players at each session;

(9) other information considered necessary by the department.

(B) Each licensed nonprofit organization shall maintain records to substantiate the contents of each report.

(C) The department may revoke the license of an organization that fails to file the reports and information required in this Article.

Section 12-21-4110. The department shall perform all functions incident to the administration, collection, enforcement, and operation of the tax and regulations imposed under this article. Local law enforcement officials are authorized to enforce the hours of operation.

Section 12-21-4120. A person who is found in violation of the provisions of this article and assessed additional taxes, penalties, fines, or interest is entitled to a conference upon request.

Section 12-21-4130. The department may seize bingo equipment or cards found in the possession of a promoter, a licensed nonprofit organization, or player which have been manufactured, altered, or changed in a manner so as to no longer make bingo a game of chance as defined in this article.

Section 12-21-4140. A penalty of up to five thousand dollars and revocation of the license at the discretion of the department may be imposed for a violation of this article. Each violation and each day in violation of a provision of this article constitutes a separate offense.

Section 12-21-4150. A person who poses as a bingo player or a person who conspires to have a person pose as a bingo player with the intent to defraud regular customers of the game, or a person who is using unauthorized bingo supplies, is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than five thousand dollars, or both.

Section 12-21-4160. The department or its designated agent or representative may enter upon the premises where bingo is played or the business premises of another person and examine books, papers, records, memoranda, commodities, or other things bearing upon the amount of taxes or fees payable or the proper conduct of a game and secure from the taxpayer or other person information directly or indirectly for the enforcement of this article.

Section 12-21-4170. The department, in its discretion, may compromise a criminal or civil action arising under the provisions of this article either before or after prosecution has begun.

Section 12-21-4180. The collection of the taxes and fees imposed by this article must not be stayed or prevented by an injunction, writ, or order issued by a court or its judge.

Section 12-21-4190. The department shall charge and retain sixteen and one-half cents for each dollar of face value for each bingo card sold except sales to Class C licensees pursuant to this article. The revenue retained must be distributed as follows:

(1) twenty-six percent of the revenue must be distributed to the sponsoring charity for which the bingo cards were purchased. The department shall make the distribution to the sponsoring charity by the last day of the next month following the month the revenue was collected. Distributions under this subsection must be reduced by any delinquent debts as defined in the Setoff Debt Collection Act;

(2) seventy-four percent pursuant to Section 12-21-4200.

Section 12-21-4200. The first nine hundred forty eight thousand dollars of the total revenues derived from the provisions of this article which is collected from bingo within this State must be deposited monthly in twelve equal amounts into an account in the Office of the State Treasurer and called 'Division On Aging Senior Citizen Centers Permanent Improvement Fund'. All interest earned on monies in the Division on Aging Senior Citizen Centers Permanent Improvement Fund must be credited to this fund. Of the remaining revenue:

(1) Seven and five one-hundredths percent of the annual revenue derived from the provisions of Section 12-21-4190(2) must be deposited with the State Treasurer to be credited to the account of the Division on Aging, Office of the Governor. This amount must be allocated to each county for distribution in home community services for the elderly as follows:

(a) One-half of the funds must be divided equally among the forty-six counties.

(b) The remaining one-half must be divided based on the percentage of the county's population age sixty and above in relation to the total state population using the latest report of the United States Bureau of the Census.

The aging service providers receiving these funds must be agencies recognized by the Division on Aging of the Office of the Governor and the area agencies on aging.

(2) Twenty and eight-tenths percent of the annual revenue derived from the provisions of Section 12-21-4190(2) must be deposited by the State Treasurer in a separate fund for the Department of Parks, Recreation and Tourism entitled the Parks and Recreation Development Fund. Interest earned by this fund must be added to it and credited to its various accounts in the same proportion that the annual allocation to each account bears to the total annual distribution to the fund. Unexpended amounts in the various fund accounts must be carried forward to succeeding fiscal years except as provided in Section 51-23-30. Fund proceeds must be distributed as provided in Chapter 23 of Title 51.

(3) Seventy-two and fifteen one-hundredths percent of the annual revenue derived from the provisions of Section 12-21-4190(2) must be deposited with the State Treasurer and credited to the general fund.

Section 12-21-4210. Bingo cards may not be sold or transferred between licensed organizations, between distributors, or between manufacturers. All unused bingo cards may be returned to the department for refund and destruction. The department is required to refund only the amount retained by the department previously based on the face value of each card and does not include the manufacturer's price or transportation charges to the consignee at destination and such additional charges.

Section 12-21-4220. Bingo cards shall meet the design and requirements of the department. The use of the cards is evidence of the payment of the license tax imposed upon bingo cards by this article.

Section 12-21-4230. Manufacturers, promoters, organizations, or distributors of bingo cards are required to furnish bond in an amount approved by the department to ensure faithful compliance with the regulations of the department.

Section 12-21-4240. Each manufacturer, distributor, organization, or promoter must be licensed to manufacture or distribute, or use bingo cards. The department shall charge an annual license fee of five thousand dollars for each manufacturer and two thousand dollars for each distributor. A license issued by the department under this section is renewable annually unless canceled or terminated. No license issued under this section is transferable or assignable.

Section 12-21-4250. A bingo card manufacturer may not be licensed to operate a game, as a bingo card distributor, or as a promoter. A bingo card distributor may not be a manufacturer, a licensed nonprofit organization, or promoter. A licensed nonprofit organization or a promoter may not be a manufacturer or distributor.

Section 12-21-4260. A person licensed as a bingo manufacturer, distributor, organization, or promoter shall submit to a background investigation. This includes each partner of a partnership and each director and officer and all stockholders of ten percent or more in a parent or subsidiary corporation of a bingo card manufacturer, distributor, organization, or promoter. The department has sole discretion to issue a license based on the background investigation.

Section 12-21-4270. Each licensed nonprofit organization or promoter, in the name of a licensed organization, may obtain bingo cards approved by the department by making application and remitting sixteen and one-half percent of the total face value of the cards to be purchased. Payment to the State for the issuance of bingo cards must be made by certified check within fifteen days of receipt of the application. Upon receipt of the application, the department shall notify a licensed distributor, who has purchased bingo cards from a licensed manufacturer that the licensed distributor may release the face value of the bingo cards requested to the licensed organization or promoter. However, no additional bingo cards must be released until payment is received for the prior application of bingo cards. The department is required to set forth procedures to ensure that there is a crosscheck between manufacturers, distributors, and licensed nonprofit organizations or promoters. A quarterly return is required by each manufacturer, distributor, and licensed nonprofit organization or promoter on or before the last day of the month following the close of the calendar quarter outlining those items the department determines necessary to verify the sale and distribution of bingo cards. The sale of bingo cards and entrance fees provided by Section 12-21-4030 are not subject to the admissions tax provided by Section 12-21-2420.

Section 12-21-4280. (A) The department may revoke a license issued under this article if it finds that a licensed nonprofit organization is not in compliance with the exemption requirements of the Internal Revenue Code.

(B) A license revoked under this section must not be reissued until a new application is made and the department determines that the applicant is complying with the applicable provisions of the Internal Revenue Code.

Section 12-21-4295. Proceeds after expenses derived from the game of bingo within South Carolina must not be expended for the benefit of charitable organizations located outside this State."

SECTION 2. Regardless of the date of issue and license period, all bingo licenses issued pursuant to Article 23, Chapter 21, Title 12 of the 1976 Code expire after September 30, 1997.

SECTION 3. All proceedings pending and rights and liabilities existing, acquired, or incurred at the time this act takes effect are saved and may be consummated according to the law in force when they were commenced. This act may not be construed to affect any prosecution pending or begun before the effective date of this act.

SECTION 4. Article 23, Chapter 21, Title 12 of the 1976 Code is repealed.

SECTION 5. This act takes effect October 1, 1997./

Renumber sections to conform.

Amend title to conform.

Senator GREG SMITH explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House with amendments.

SECOND READING BILL
WITH NOTICE OF GENERAL AMENDMENTS

The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:

H. 4704 -- Reps. McElveen, J. Young, Harvin, Neal, Canty and G. Brown: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 108 SO AS TO ESTABLISH THE MID-CAROLINA COMMISSION FOR HIGHER EDUCATION AND PROVIDE FOR THE MEMBERSHIP, FUNCTIONS, DUTIES, AND POWERS OF THE COMMISSION, TO DEVOLVE THE POWERS AND DUTIES OF THE SUMTER COUNTY COMMISSION FOR HIGHER EDUCATION UPON THE COMMISSION; AND TO REPEAL ACT 50 OF 1965 AND ACT 822 OF 1973 RELATING TO THE SUMTER COUNTY COMMISSION FOR HIGHER EDUCATION.

Senator LEVENTIS explained the Bill.

COMMITTEE AMENDMENT ADOPTED, READ THE SECOND
TIME WITH NOTICE OF GENERAL AMENDMENTS

Senator McCONNELL asked unanimous consent to make a motion to take up the Bill for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The Judiciary Committee proposed the following amendment (JUD4472.002), which was adopted:

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

/SECTION 1. Title 24 of the 1976 Code is amended by adding:

"CHAPTER 27
Inmate Litigation
Article 1
Filing Fees and Court Costs

Section 24-27-100. Unless another provision of law permits the filing of civil actions without the payment of filing fees by indigent persons, if a prisoner brings a civil action or proceeding, the court, upon the filing of the action, shall order the prisoner to pay as a partial payment of any filing fees required by law a first-time payment of twenty percent of the preceding six months' income from the prisoner's trust account administered by the Department of Corrections and thereafter monthly payments of ten percent of the preceding month's income for this account. The department shall withdraw the monies maintained in the prisoner's trust account for payment of filing fees and shall forward quarterly the monies collected to the appropriate court clerk or clerks until the filing fees are paid in full.

The prisoner must file a certified copy of his trust account with the court that reflects the prisoner's balance at the time the complaint is filed unless the prisoner does not have a trust account.

Section 24-27-110. Unless another provision of law permits the filing of civil actions without the payment of court costs by indigent persons, if a prisoner brings a civil action, the prisoner is responsible for the full payment of the court costs. For this purpose, the court shall order the prisoner to pay a partial first-time payment of twenty percent of the preceding six months' income from the prisoner's trust account administered by the Department of Corrections and thereafter monthly payments of ten percent of the preceding month's income of this account. The department shall withdraw the monies maintained in the prisoner's trust account for payment of court costs and shall forward quarterly the monies collected to the appropriate court clerk or clerks until the court costs are paid in full.

Section 24-27-120. Nothing in this chapter prevents a prisoner from authorizing payments beyond those required herein.

Section 24-27-130. The court may dismiss without prejudice any civil action pertaining to the prisoner's incarceration or apprehension brought by a prisoner who has previously failed to pay filing fees and court costs imposed under this chapter, except as otherwise provided in Section 24-27-150 or 24-27-400.

Section 24-27-140. For purposes of this chapter, a prisoner is defined as a person who has been convicted of a crime and is incarcerated for that crime or is being held in custody for trial or sentencing.

Section 24-27-150. If a prisoner does not have a trust account, or if the prisoner's trust account does not contain sufficient funds to make the first-time payments required by this chapter, the civil action may still be filed, but the prisoner shall remain responsible for the full payment of filing fees and court costs. Payments of ten percent of the preceding month's income of the prisoner's trust account, as set forth in this chapter, shall be made from the prisoner's trust account as soon as a trust account is created for the prisoner and funds are available in the account.

Article 2
Loss of Earned Release Credits

Section 24-27-200. A prisoner shall forfeit all or part of his earned work, education, or good conduct credits in an amount to be determined by the Department of Corrections upon recommendation of the court if the court finds that the prisoner has done any of the following in a case pertaining to his incarceration or apprehension filed by him in state or federal court or in an administrative proceeding while incarcerated:

(1) submitted a malicious or frivolous claim, or one that is intended solely to harass the party filed against;

(2) testified falsely or otherwise presented false evidence or information to the court;

(3) unreasonably expanded or delayed a proceeding; or

(4) abused the discovery process.

The court may make such findings on its own motion, on motion of counsel for the defendant, or on motion of the Attorney General, who is authorized to appear in the proceeding, if he elects, in order to move for the findings in a case in which the State or any public entity or official is a defendant.

Section 24-27-210. If the court does not make such findings in the original action brought by the prisoner, the Attorney General is authorized to initiate a separate proceeding in the court of common pleas for the court to recommend to the Department of Corrections the revocation of work, education, or good conduct credits as set forth in Section 24-27-200.

Section 24-27-220. Nothing in this chapter shall affect the discretion of the Director of the Department of Corrections in determining whether or not a prisoner's earned work, education, or good conduct credits shall be forfeited.

Article 3
Successive Claims

Section 24-27-300. The court may hold an prisoner in contempt of court if it finds that the prisoner has, on three or more prior occasions, while incarcerated, brought in a court of this State a civil action or appeal pertaining to his incarceration or apprehension that was dismissed prior to a hearing on the merits on the grounds that the action or appeal was frivolous, malicious, or meritless. However, if the court finds the prisoner was under imminent danger of great bodily injury, as defined by Section 56-5-2945, at the time of the filing of the present action or appeal, the prisoner shall not be held in contempt. The court may sentence the prisoner to a term of imprisonment not exceeding one year for this contempt to be served consecutively to any terms of imprisonment previously imposed.

Article 4
Inapplicability Where Access to Courts
Constitutionally Required

Section 24-27-400. This chapter is inapplicable to any case in which the Constitution of the United States or the Constitution of South Carolina requires that an indigent person be allowed access to the courts."

SECTION 2. If any portion of this act is for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such holding shall not affect the constitutionality or validity of the remaining portions of this act. The General Assembly hereby declares that it would have passed this act, and each section thereof, irrespective of the fact that any one or more other sections or portions thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

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

Amend title to conform.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

SECOND READING BILL

The following Bill having been read the second time was ordered placed on the third reading Calendar:

H. 3314 -- Rep. Rogers: A BILL TO AMEND SECTION 7-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, 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.

Senator MOORE explained the Bill.

H. 3314--Ordered to a Third Reading

On motion of Senator MOORE, with unanimous consent, H. 3314 was ordered to receive a third reading on the next legislative day.

SECOND READING BILL

S. 1435 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 19, TITLE 50, SO AS TO PROVIDE THE DEPARTMENT OF NATURAL RESOURCES THE AUTHORITY TO PROMULGATE REGULATIONS TO MANAGE AND PROTECT FISHERIES IN LAKE WILLIAM C. BOWEN, LAKE BLALOCK, AND SPARTANBURG MUNICIPAL RESERVOIR #1 IN SPARTANBURG COUNTY.

S.1435 -- Ordered to a Third Reading

On motion of Senator REESE, with unanimous consent, S1435 was ordered to receive a third reading on Friday, May 31, 1996.

AMENDED, READ THE SECOND TIME

H. 4689 -- Reps. Witherspoon, Worley, Martin, Keegan and Kelley: A BILL TO AMEND ACT 239 OF 1983, RELATING TO THE PROCEDURE BY WHICH THE BUDGET FOR THE OPERATION OF THE SCHOOLS IN HORRY COUNTY IS PREPARED, INCLUDING THE MILLAGE AND THE APPROVAL PROCESS, SO AS TO REVISE THE PROCEDURE FOR PREPARING THE ANNUAL SCHOOL BUDGET, TO REVISE THE DATE BY WHICH SCHOOL BUDGETS MUST BE SUBMITTED TO THE COUNTY BOARD OF EDUCATION, AND TO PROVIDE THAT THE HORRY COUNTY BOARD OF EDUCATION BEGINNING WITH THE YEAR 1996 MAY NOT INCREASE THE MILLS LEVIED FOR SCHOOL OPERATING PURPOSES BY MORE THAN TWO AND ONE-HALF MILLS, THAT INCREASES OVER TWO AND ONE-HALF MILLS BUT NOT EXCEEDING FIVE MILLS MUST BE FIRST APPROVED BY THE GOVERNING BODY OF HORRY COUNTY BY TWO-THIRDS VOTE, AND THAT INCREASES OVER FIVE MILLS MUST BE FIRST APPROVED BY THE QUALIFIED ELECTORS OF THE DISTRICT IN A REFERENDUM CALLED FOR THIS PURPOSE BY THE BOARD.

Senator RANKIN asked unanimous consent to make a motion to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Amendment No. 1

Senator RANKIN proposed the following Amendment No. 1 (4689R006.LAR), which was adopted:

Amend the bill, as and if amended, page 2, after line 14, by adding an appropriately numbered new SECTION to read:

/SECTION ___. Section 1 of Act 287 of 1989 is amended to read:

Section 1. (A) The Horry County Board of Education must be composed of those members selected in the manner provided by this act. For the purposes of this act, the single-member election districts from which members of the Horry County Council are elected also constitute the election districts from which members of the board must be elected and these county Board of Education single-member election districts must have the same numerical designations as the county council election districts. In the 1990 general election, one member must be elected to the board from districts 1, 2, 3, 6, 7, and 10 by the qualified electors of each respective district for terms of four years and until each successor is elected and qualifies, and one member must be elected to the board from districts 8, 9, and 11 by the qualified electors of each respective district for terms of two years and until each successor is elected and qualifies. The present members of the board who are residents of districts 4 and 5 and the present member of the board who is a resident of district 8 whose current term expires in 1992 shall also continue to serve as members of the board until the expiration of their current terms in 1992.

(B) In the 1992 general election, in addition to the successors to the members elected to the board in the 1990 election from districts 8, 9, and 11, one member must also be elected to the board from districts 4 and 5 by the qualified electors of each respective district for terms of four years and until each successor is elected and qualifies.

The successors to the members elected from single-member districts in 1990 and 1992 must be elected in the same manner at the general election every two or four years thereafter for terms of four years. Beginning with the 1998 general election, successors must be elected in a nonpartisan election to be held at the time of the general election.

(C) Beginning with candidates filing for the 1998 general election, all candidates for the board shall file a statement of candidacy with the county election commission not later than twelve o'clock noon on September first or, if September first falls on Sunday, not later than twelve o'clock noon on the following Monday.

~~(C)~~ (D) A member of the board elected from a defined single-member district must be a resident of that election district and must be elected by the qualified electors of that district. Vacancies must be filled by appointment of the board until the next scheduled election at which time the vacancy must be filled for the remainder of the unexpired term or for a new full term as the case may be.

~~(D)~~ (E) The board shall elect a chairman and those other officers it considers necessary from among its membership for terms as officers as set by the board. /

Amend the bill further, as and if amended, page 2, after line 14, by adding an appropriately numbered new SECTION to read:

/SECTION ___. All acts or parts of acts inconsistent herewith are repealed./

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

Recorded Vote

Senators GREG SMITH, RANKIN and ELLIOTT desired to be recorded as voting in favor of the adoption of the amendment.

Amendment No. 2

Senator RANKIN proposed the following Amendment No. 2 (4689R007.LAR), which was adopted:

Amend the bill, as and if amended, page 2, after line 14, by adding an appropriately numbered new SECTION to read:

/SECTION ___. Section 1 of Act 287 of 1989 is amended to read:

Section 1. (A) The Horry County Board of Education must be composed of those members selected in the manner provided by this act. Beginning after the 1998 general election, the board shall consist of twelve members, to include a chairman to be elected from the county at-large in a non-partisan election beginning with the 1998 general election, and eleven members elected from single member districts.

(B) Beginning with the 1998 general election the chairman must be elected from the county at-large in a non-partisan election to be held at the time of the general election for a term of office of four years and until his successor is elected and qualifies. Until the 1998 general election, the chairman shall continue to be elected by the members of the board from among the board membership.

(C)(1) For the purposes of this act, the single-member election districts from which members of the Horry County Council are elected also constitute the election districts from which members of the board must be elected and these county Board of Education single-member election districts must have the same numerical designations as the county council election districts.

(2) In the 1990 general election, one member must be elected to the board from districts 1, 2, 3, 6, 7, and 10 by the qualified electors of each respective district for terms of four years and until each successor is elected and qualifies, and one member must be elected to the board from districts 8, 9, and 11 by the qualified electors of each respective district for terms of two years and until each successor is elected and qualifies. The present members of the board who are residents of districts 4 and 5 and the present member of the board who is a resident of district 8 whose current term expires in 1992 shall also continue to serve as members of the board until the expiration of their current terms in 1992.

~~(B)~~ (3) In the 1992 general election, in addition to the successors to the members elected to the board in the 1990 election from districts 8, 9, and 11, one member must also be elected to the board from districts 4 and 5 by the qualified electors of each respective district for terms of four years and until each successor is elected and qualifies.

(4) The successors to the members elected from single-member districts in 1990 and 1992 must be elected in the same manner at the general election every two or four years thereafter for terms of four years. ~~(C)~~ (D) A member of the board elected from a defined single-member district must be a resident of that election district and must be elected by the qualified electors of that district. Vacancies must be filled by appointment of the board until the next scheduled election at which time the vacancy must be filled for the remainder of the unexpired term or for a new full term as the case may be.

~~(D)~~ (E) The board shall elect ~~a chairman and~~ those other officers it considers necessary from among its membership for terms as officers as set by the board. /

Amend the bill further, as and if amended, page 2, after line 14, by adding an appropriately numbered new SECTION to read:

/SECTION ___. All acts or parts of acts inconsistent herewith are repealed./

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

Recorded Vote

Senators RANKIN and ELLIOTT desired to be recorded as voting in favor of the adoption of the amendment.

Recorded Vote

Senator GREG SMITH desired to be recorded as voting against the adoption of the amendment.

Amendment No. 3

Senator RANKIN proposed the following Amendment No. 3 (4689R012.LAR), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 of Act 239 of 1983 as contained in SECTION 1 of the bill and inserting:

/Section 1. The advisory boards of trustees, superintendents, or principals of the several schools of Horry County shall prepare a budget for the next succeeding school year and submit it to the county board of education on or before ~~March~~ April first of each year. The county board of education shall prepare a budget based on the budgets submitted by the trustees, superintendents, or principals and shall determine the necessary millage for the operation of schools for the next succeeding school year. ~~This budget shall be submitted to the senator and House members of Horry County on or before June first of each year.~~ The ~~senator and the House members~~ county board of education shall instruct the county auditor to levy the millage which in ~~their~~ its discretion is necessary for school purposes on or before August first, provided that, for the year 1996, the county board may increase the millage levied for school operating purposes by not more than two and one-half mills over that levied for the previous year after the previous year's levy has been adjusted in the current year for the EFA inflation factor and sufficiently to meet the requirements of Section 59-21-1030 of the 1976 Code, if applicable.

A referendum shall be held in Horry County at the same time as the 1996 general election on the question of whether or not the qualified electors of the Horry County school district desire to give to the governing body of Horry County or to the Horry County legislative delegation the authority to increase the millage levy for school operating purposes between two and one-half mills and five mills for any year beginning in 1997. The referendum must be conducted by the county commissioners of election. The county commissioners of election shall conduct and supervise the referendum in the manner governed by the election laws of this State, mutatis mutandi. The commissioners shall frame the question for the ballot, prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the referendum, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the referendum as provided by law. The cost of the referendum shall be paid by the school district.

The question put before the qualified electors of the district at the 1996 referendum shall read as follows:

"Do you favor granting to the governing body of the county or to the county legislative delegation the right to increase school millage in any year beginning in 1997 between two and one-half mills and five mills?"

County Governing Body

County Legislative Delegation

Those voting in favor of the county governing body shall deposit a ballot with a check or cross mark in the square after the words "county governing body", and those voting in favor of the county legislative delegation shall deposit a ballot with a check or cross mark in the square after the words "county legislative delegation". The entity selected by the qualified electors at this referendum beginning in 1997 shall have the authority to impose such millage increases.

Based on the results of the referendum provided for above, beginning with the year 1997 the following procedure applies with regard to millage levied for school operating purposes. Beginning in year 1997, the county board in any year may increase the millage levy for school operating purposes by not more than two and one-half mills above that levied for the previous year, after the previous year's levy has been adjusted in the current year for the EFA inflation factor and sufficiently to meet the requirements of Section 59-21-1030 of the 1976 Code, if applicable. Any increase above two and one-half mills, but not exceeding five mills, must first be approved by either the governing body of the county or the county legislative delegation as determined by the results of the referendum provided for above. Any increase above five mills must first be approved by the qualified electors of the district in a referendum called for this purpose by the county board.

The above millage limitations do not apply to millage levied for school bonded indebtedness purposes./

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

Recorded Vote

Senators RANKIN and ELLIOTT desired to be recorded as voting in favor of the adoption of the amendment.

Recorded Vote

Senator GREG SMITH desired to be recorded as voting against the adoption of the amendment.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

H. 4689--Ordered to a Third Reading

On motion of Senator RANKIN, with unanimous consent, H. 4689 was ordered to receive a third reading on Friday, May 31, 1996.

OBJECTION

H. 3203 -- Rep. Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ANY PERSON ELECTED TO A SCHOOL DISTRICT BOARD OF TRUSTEES OR APPOINTED OR ELECTED TO A COUNTY BOARD OF EDUCATION AFTER JULY 1, 1995, WHO PREVIOUSLY HAS NOT SERVED IN SUCH OFFICE, SHALL SUCCESSFULLY COMPLETE AN ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING OFFICE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL REIMBURSE LOCAL SCHOOL DISTRICTS AND BOARDS OF EDUCATION FOR THE COST OF THESE ORIENTATIONS UP TO A MAXIMUM AMOUNT PER YEAR.

Senator MATTHEWS asked unanimous consent to make a motion to take the Bill up for immediate consideration.

Senator FAIR objected.

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 7:55 P.M. and the following Acts and Joint Resolutions were ratified:

(R439) S. 62 -- Senators McConnell, Rose, Ryberg, Rankin, Elliott, Courson, Wilson and O'Dell: AN ACT TO AMEND SECTION 24-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFINEMENT OF PRISONERS, SO AS TO PROVIDE THAT A PRISONER WHO HAS BEEN SENTENCED TO IMPRISONMENT FOR MORE THAN THREE MONTHS WHO ESCAPES OR ATTEMPTS TO ESCAPE FROM CUSTODY UNDER CERTAIN CIRCUMSTANCES MAY NOT SERVE HIS SENTENCE FOR THE ORIGINAL CONVICTION OR AN ADDITIONAL SENTENCE FOR THE ESCAPE OR ATTEMPTED ESCAPE IN A MINIMUM SECURITY FACILITY FOR A CERTAIN PERIOD AND TO DELETE AN OBSOLETE REFERENCE; AND TO AMEND SECTION 24-13-410, AS AMENDED, RELATING TO ESCAPING OR ATTEMPTING TO ESCAPE FROM PRISON, SO AS TO REVISE THE SENTENCE.

(R440) S. 507 -- Senator Wilson: AN ACT TO AMEND SECTION 40-17-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF A PRIVATE DETECTIVE BUSINESS, SO AS TO REVISE THE QUALIFICATIONS AN APPLICANT WHO DESIRES TO OPERATE A PRIVATE DETECTIVE BUSINESS MUST POSSESS, AND TO ESTABLISH THE QUALIFICATIONS A PRIVATE DETECTIVE EMPLOYED BY A PRIVATE DETECTIVE BUSINESS MUST POSSESS; AND TO AMEND SECTION 16-23-20, AS AMENDED, RELATING TO THE UNLAWFUL CARRYING OF A PISTOL, SO AS TO REVISE THE GROUP OF PERSONS WHO MAY LAWFULLY CARRY A PISTOL.

(R441) S. 583 -- Senator Russell: AN ACT TO AMEND SECTIONS 7-5-120 AND 7-5-180, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS AND DISQUALIFICATIONS FOR REGISTRATION TO VOTE, SO AS TO CHANGE THE AGE QUALIFICATION TO BE CONSISTENT WITH PROPOSED CONSTITUTIONAL REQUIREMENTS FOR ALLOWING A CITIZEN WHO HAS NOT ATTAINED THE AGE OF EIGHTEEN TO BE A QUALIFIED ELECTOR, AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF THIS AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF THIS STATE PERMITTING THE ABOVE.

(R442) S. 846 -- Senator Giese: AN ACT TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 72 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL OLYMPICS LICENSE PLATES.

(R443) S. 876 -- Senator Bryan: AN ACT TO AMEND ACT 171 OF 1967, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56 AND THEIR ANNUAL OPERATING BUDGETS AND TAX LEVIES, SO AS TO ALLOW BOTH DISTRICTS TO LEVY A PERMANENT SIX MILLS FOR ALTERNATIVE SCHOOLS AND OTHER CLASSROOM ENHANCEMENTS.

(R444) S. 913 -- Senators Passailaigue, Ford, McConnell, Reese, Washington and Rose: AN ACT TO AMEND SECTION 12-6-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.

(R445) S. 921 -- Senators Bryan, Elliott, Reese, Wilson, Gregory, Leatherman and Washington: AN ACT TO AMEND SECTION 1-23-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO REVISE THE DEFINITION OF A 'REGULATION'; TO AMEND SECTION 1-23-110, AS AMENDED, RELATING TO PROCEDURES FOR PUBLISHING NOTICE OF PROPOSED REGULATIONS AND CONTENT OF SUCH NOTICES, SO AS TO REQUIRE PUBLISHING THE TEXT OF THE REGULATION AND A JUSTIFICATION FOR REGULATIONS NOT REQUIRED FOR COMPLIANCE WITH FEDERAL LAWS AND TO CLARIFY THE BASIS FOR THE STATEMENT OF THE NEED AND REASONABLENESS OF THE REGULATION; TO AMEND SECTION 1-23-111, RELATING TO THE PROCESS FOR AGENCY PROMULGATION OF REGULATIONS, SO AS TO CLARIFY THE BASIS FOR THE STATEMENT OF THE NEED AND REASONABLENESS OF THE REGULATION AND TO REVISE THE OPTIONS AN AGENCY MAY ELECT WHEN THE OFFICIAL PRESIDING AT THE PUBLIC HEARING FINDS THAT THE NEED FOR OR REASONABLENESS OF THE REGULATION HAS NOT BEEN ESTABLISHED; TO AMEND SECTION 1-23-115, AS AMENDED, RELATING TO ASSESSMENT REPORTS ON REGULATIONS, SO AS TO CLARIFY WHEN AN ASSESSMENT REPORT MAY BE REQUESTED, TO PROVIDE THAT THE ONE-HUNDRED-TWENTY-DAY REVIEW PERIOD IS TOLLED WHEN A REPORT IS REQUESTED AFTER THE REGULATION HAS BEEN SUBMITTED FOR GENERAL ASSEMBLY REVIEW AND TO CLARIFY WHAT FACTORS MUST BE ANALYZED IN DETERMINING THE NEED AND REASONABLENESS OF A REGULATION; TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO CLARIFY UNDER WHAT CONDITIONS AN AGENCY MAY WITHDRAW A REGULATION FROM GENERAL ASSEMBLY REVIEW AND TO REQUIRE EACH AGENCY TO REVIEW ITS REGULATIONS EVERY FIVE YEARS; TO AMEND SECTION 1-23-125, RELATING TO APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO FURTHER CLARIFY UNDER WHAT CONDITIONS AN AGENCY MAY WITHDRAW A REGULATION FROM GENERAL ASSEMBLY REVIEW.

(R446) S. 929 -- Senators McConnell, Ryberg and Wilson: AN ACT TO AMEND SECTION 5-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGREEMENT UPON TERMS OF CONSOLIDATION, SO AS TO PROVIDE THAT WHEN THE CORPORATE LIMITS OF ANY MUNICIPALITY ARE ENLARGED BY INCLUSION OF TERRITORY OF ANOTHER ADJACENT MUNICIPALITY IN WHOLE OR IN PART, THE GOVERNING BODIES OF THE MUNICIPALITIES MAY, AFTER PUBLIC HEARING, STIPULATE AND AGREE UPON TERMS OF CONSOLIDATION OR BOUNDARY ADJUSTMENT BY ORDINANCE ADOPTED BY EACH MUNICIPALITY.

(R447) S. 941 -- Senators Wilson, Lander, Leventis and Reese: AN ACT TO PROMOTE MAJOR GENERAL T. ESTON MARCHANT TO THE RANK OF LIEUTENANT GENERAL OF THE SOUTH CAROLINA ARMY NATIONAL GUARD EFFECTIVE JANUARY 10, 1995.

(R448) S. 944 -- 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.

(R449) S. 949 -- Senator Hayes: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS, TO PROVIDE FOR THE MANNER IN WHICH STUDENTS AFTER DECEMBER 1, 1996, WHO HAVE FAILED TO ACHIEVE A PASSING SCORE ON ALL SECTIONS OF THE EEE AFTER TWO ATTEMPTS MAY RETAKE THE EXAMINATION FOR A THIRD AND FOURTH TIME, AND TO PROVIDE THAT BEFORE A STUDENT MAY ENTER A TEACHER EDUCATION PROGRAM AFTER DECEMBER 1, 1996, HE OR SHE MUST HAVE PASSED THE EEE.

(R450) S. 1049 -- Senator Rankin: AN ACT TO AMEND SECTION 23-6-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPOSITION OF THE SOUTH CAROLINA PUBLIC SAFETY COORDINATING COUNCIL, SO AS TO EXPAND THE MEMBERSHIP TO INCLUDE A VICTIM REPRESENTATIVE TO BE APPOINTED BY THE GOVERNOR.

(R451) S. 1050 -- Senators McConnell, Lander, Giese and Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, BY ADDING SECTION 24 SO AS TO PROVIDE FOR THE "VICTIMS' BILL OF RIGHTS"; AND ALSO PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE I OF THE CONSTITUTION, RELATING TO THE RIGHT OF BAIL, CRUEL OR UNUSUAL PUNISHMENT, AND DETENTION OF WITNESSES, SO AS TO PROVIDE THAT BAIL MAY BE DENIED TO PERSONS CHARGED WITH VIOLENT OFFENSES.

(R452) S. 1084 -- Judiciary Committee: AN ACT TO AMEND TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOL AND ALCOHOLIC BEVERAGES, BEER AND WINE, BY ADDING CHAPTERS 2, 4, 6, 8, 10, AND 12 SO AS TO PROVIDE FOR THE REGULATION, TRANSPORTATION, POSSESSION, CONSUMPTION, LICENSING, SALE, AND PENALTIES REGARDING ALCOHOLIC BEVERAGES, BEER AND WINE, AND TO MAKE CERTAIN TECHNICAL CHANGES; BY ADDING SECTION 12-33-245 SO AS TO PROVIDE FOR THE RATE AT WHICH MINIBOTTLES MUST BE TAXED; BY ADDING SECTION 12-33-475 SO AS TO PROVIDE FOR THE TAX EXEMPTION OF ALCOHOLIC LIQUORS SOLD TO THE UNITED STATES GOVERNMENT INSTRUMENTALITY FOR MILITARY PURPOSES; TO AMEND SECTION 6-27-40, AS AMENDED, RELATING TO THE DISTRIBUTION OF MONIES APPROPRIATED TO THE LOCAL GOVERNMENT FUND, SO AS TO CHANGE A CODE REFERENCE; AND TO REPEAL CHAPTERS 1, 3, 5, 7, 9, 11, AND 13 OF TITLE 61 RELATING TO GENERAL PROVISIONS REGARDING ALCOHOLIC BEVERAGES, BEER AND WINE, AND LICENSES, ALCOHOLIC BEVERAGE CONTROL ACT, REGULATION OF THE TRANSPORTATION, POSSESSION, CONSUMPTION, AND SALE OF ALCOHOLIC BEVERAGES; IMPORTATION OF ALCOHOLIC BEVERAGES, BEER, WINE, ALE, PORTER, ALCOHOL; AND NUISANCES AND ENFORCEMENT.

(R453) S. 1102 -- Senator Holland: AN ACT TO AMEND SECTIONS 7-15-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS AND THE OATH OF AN ABSENTEE BALLOT APPLICANT; AND 7-15-385, AS AMENDED, RELATING TO ABSENTEE VOTING AND MARKING OF BALLOTS, SO AS TO PROVIDE THAT, IN THE EVENT THE VOTER CANNOT WRITE BECAUSE OF A PHYSICAL HANDICAP OR ILLITERACY, HE MUST MAKE HIS MARK AND HAVE THE MARK WITNESSED BY SOMEONE HE DESIGNATES.

(R454) S. 1114 -- Senator Greg Smith: AN ACT TO AMEND SECTION 30-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD GEORGETOWN COUNTY TO THE LIST OF COUNTIES WHICH HAVE A REGISTER OF MESNE CONVEYANCES AND INCLUDE A REFERENCE TO HORRY COUNTY HAVING A REGISTER OF MESNE CONVEYANCES; AND TO AMEND SECTION 30-5-12, RELATING TO THE APPOINTMENT OF REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD GEORGETOWN COUNTY TO THE LIST OF COUNTIES WHICH SHALL APPOINT THE REGISTER OF MESNE CONVEYANCES FOR ITS COUNTY PURSUANT TO THE TERMS AND CONDITIONS AS IT MAY AGREE UPON WITH THE ADDITIONAL REQUIREMENT THAT THE GOVERNING BODY OF GEORGETOWN COUNTY MUST ADVERTISE THE APPOINTMENT BEFORE TAKING ACTION ON IT.

(R455) S. 1123 -- Senator Reese: AN ACT TO AMEND SECTION 23-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASE OF RIFLES OR SHOTGUNS, SO AS TO ALLOW RESIDENTS OF ANY STATE RATHER THAN ONLY RESIDENTS OF CONTIGUOUS STATES TO PURCHASE RIFLES AND SHOTGUNS IN THIS STATE.

(R456) S. 1147 -- Senator Hayes: AN ACT TO AMEND SECTION 16-13-425, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL FAILURE TO RETURN A LEASED OR RENTED VIDEO OR CASSETTE TAPE, SO AS TO PROVIDE THAT NOTICE OF THE EXPIRATION OF THE LEASE OR RENTAL PERIOD MUST BE PROVIDED TO THE LESSOR OR RENTER AS A PREREQUISITE FOR A WARRANT TO BE ISSUED PURSUANT TO THIS PROVISION.

(R457) S. 1152 -- Senator Fair: AN ACT TO AMEND SECTION 16-15-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT UPON CERTAIN CHILDREN, SO AS TO REVISE THE AGE OF A VICTIM OF THIS OFFENSE.

(R458) S. 1160 -- Senator Holland: AN ACT TO AMEND SECTION 7-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS TO BE FURNISHED BY THE BUREAU OF VITAL STATISTICS, SO AS TO REQUIRE THAT THE BUREAU MUST FURNISH THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION WITH A MONTHLY REPORT OF PERSONS EIGHTEEN YEARS OF AGE OR OLDER WHO HAVE DIED INSTEAD OF PERSONS WHO ARE TWENTY-ONE YEARS OF AGE OR OLDER; TO AMEND SECTION 7-5-430, RELATING TO REGISTRATION BOOKS FOR GENERAL AND SPECIAL ELECTIONS, SO AS TO PROVIDE THAT A COUNTY BOARD OF REGISTRATION MUST FURNISH THE COUNTY ELECTION COMMISSIONERS WITH ONE REGISTRATION BOOK FOR EACH POLLING PRECINCT; TO AMEND SECTION 7-5-670, RELATING TO USE AND CUSTODY OF REGISTRATION BOOKS, SO AS TO DELETE THE REQUIREMENT THAT REGISTRATION BOOKS BE KEPT IN THE OFFICE OF THE CLERK OF COURT OF A COUNTY; TO AMEND SECTION 7-9-50, RELATING TO MEETINGS OF PARTY CLUBS, SO AS TO PROVIDE THAT THE PRESIDENT OR FIVE MEMBERS MAY CALL ALL SPECIAL MEETINGS OF THE CLUB; TO AMEND SECTION 7-13-35, RELATING TO NOTICE OF GENERAL, SPECIAL, AND PRIMARY ELECTIONS, SO AS TO PROVIDE THAT NOTICE MUST BE PUBLISHED FOR MUNICIPAL ELECTIONS, AND TO FURTHER PROVIDE THAT THE NOTICE MUST STATE WHERE ABSENTEE BALLOTS ARE TO BE COUNTED; TO AMEND SECTION 7-13-45, RELATING TO FILING REQUIREMENTS FOR CANDIDATES, SO AS TO REQUIRE THE COUNTY CHAIRMAN TO DESIGNATE A SPECIFIED PLACE OTHER THAN A PRIVATE RESIDENCE WHERE PERSONS MAY FILE A STATEMENT OF INTENTION OF CANDIDACY; TO AMEND SECTION 7-13-80, RELATING TO THE ORGANIZATION OF THE BOARD OF COMMISSIONERS, MANAGERS, AND CLERKS, SO AS TO PROVIDE THAT THE COUNTY ELECTION COMMISSION MUST APPOINT THE CHAIRMAN OF THE BOARD OF MANAGERS; TO AMEND SECTION 7-13-380, RELATING TO THE REPRINTING OF BALLOTS TO DELETE THE NAME OF A DECEASED OR WITHDRAWN CANDIDATE, SO AS TO PROVIDE THAT A BLANK LABEL COVER THE NAME OF THE DECEASED OR WITHDRAWN CANDIDATE ON VOTING SYSTEMS WHERE POSSIBLE OR APPROPRIATE; TO AMEND SECTION 7-13-740, RELATING TO THE NUMBER AND CONSTRUCTION OF VOTING BOOTHS, SO AS TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-820, RELATING TO VOTING BY A PERSON WHOSE NAME IS NOT ON THE REGISTRATION BOOK, SO AS TO PROVIDE THAT THE CHALLENGED VOTE IS A PROVISIONAL VOTE; TO AMEND SECTION 7-13-830, RELATING TO THE PROCEDURE WHEN A VOTER IS CHALLENGED, SO AS TO PROVIDE THAT THE MANAGER MUST EXPLAIN TO THE VOTER THAT A CHALLENGED VOTE IS PROVISIONAL; TO AMEND SECTION 7-13-860, AS AMENDED, RELATING TO POLL WATCHERS, SO AS TO PROVIDE THAT A POLL WATCHER MUST BE CERTIFIED BY THE CANDIDATE OR IN THE CASE OF WATCHERS JOINTLY REPRESENTING ALL CANDIDATES OF A POLITICAL PARTY, BY AN APPROPRIATE PARTY OFFICIAL; TO FURTHER PROVIDE THAT THE SIZE, COLOR OF, AND LETTERING ON BADGES OF POLL WATCHERS MUST MEET CERTAIN SPECIFICATIONS; TO AMEND SECTION 7-13-1700, RELATING TO INSTRUCTION OF MANAGERS AND CLERKS IN THE USE OF MACHINES, SO AS TO DELETE SOME OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-1750, RELATING TO THE PREPARATION OF MACHINES FOR ELECTIONS, SO AS TO DELETE THE PROVISION WHICH REQUIRES THE SEAL OF A MACHINE TO BE METAL; TO AMEND SECTION 7-15-10, RELATING TO THE DUTIES OF THE STATE ELECTION COMMISSION, SO AS TO DELETE THE PROVISION ALLOWING CERTAIN PERSONS TO REGISTER BY THE ABSENTEE METHOD; TO AMEND SECTION 7-15-110, RELATING TO PERSONS QUALIFIED TO REGISTER TO VOTE BY THE ABSENTEE METHOD, SO AS TO DELETE REFERENCES TO ABSENTEE REGISTRATION, AND TO PROVIDE THAT CERTAIN PERSONS MAY USE STANDARD 76 OR OTHER SIMILAR FEDERAL GOVERNMENT FORMS; TO AMEND SECTION 7-15-120, RELATING TO REGISTRATION FORMS, SO AS TO DELETE THE FORM; TO AMEND SECTION 7-15-260, RELATING TO RESPONSIBILITIES OF POLITICAL PARTIES CONDUCTING PRIMARIES, SO AS TO CLARIFY THAT THIS PROVISION APPLIES TO MUNICIPAL PRIMARIES ONLY; TO AMEND SECTION 7-15-320, AS AMENDED, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO INCLUDE CERTIFIED POLL WATCHERS IN THE LIST OF THOSE PERSONS ELIGIBLE TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-340, AS AMENDED, RELATING TO THE FORM OF APPLICATION FOR ABSENTEE BALLOT, SO AS TO DELETE THE FORM; TO AMEND SECTION 7-15-360, RELATING TO THE FURNISHING OF ABSENTEE BALLOTS AND ENVELOPES, SO AS TO REQUIRE A COUNTY BOARD OF VOTER REGISTRATION TO PROVIDE A BLANK BALLOT TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-15-365, RELATING TO BALLOTS AND INSTRUCTIONS FURNISHED BY A COUNTY BOARD OF REGISTRATION, SO AS TO PROVIDE THAT A BLANK BALLOT MUST BE GIVEN TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-15-370, RELATING TO THE FURNISHING OF ABSENTEE BALLOTS AND ENVELOPES, SO AS TO REQUIRE A COUNTY BOARD OF VOTER REGISTRATION TO PROVIDE A BLANK BALLOT TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-17-30, RELATING TO PROTESTS AND CONTESTS, SO AS TO CLARIFY THAT THE COUNTY BOARDS MUST DECIDE ALL CASES UNDER PROTEST OR CONTEST EXCEPT PRIMARIES AND MUNICIPAL ELECTIONS; AND TO REPEAL SECTIONS 7-11-410 RELATING TO ASSESSMENTS PAYABLE BY CANDIDATES; 7-11-430 RELATING TO AMOUNTS AND PRORATION OF ASSESSMENTS TO BE PAID BY CANDIDATES FOR THE HOUSE OF REPRESENTATIVES; 7-15-130 RELATING TO THE METHOD OF OBTAINING A REGISTRATION FORM; 7-15-140 RELATING TO COMPLETION AND RETURN OF A REGISTRATION FORM; 7-15-150 RELATING TO ENTRIES INTO REGISTRATION BOOKS; 7-15-160 RELATING TO THE VALIDITY AND EFFECT OF REGISTRATION; 7-15-170 RELATING TO PRESERVATION AND DESTRUCTION OF RECORD BOOKS AND REGISTRATION FORMS; 7-15-180 RELATING TO VERIFICATION OF REGISTRATION UPON REQUEST FOR AN ABSENTEE BALLOT; 7-15-190 RELATING TO THE FURNISHING OF NAMES OF REGISTERED VOTERS REQUESTING ABSENTEE BALLOTS; 7-15-240 RELATING TO ABSENTEE BALLOTS IN PRIMARY AND SPECIAL ELECTIONS; 7-15-250 RELATING TO DUTIES OF COUNTY COMMITTEES IN CONDUCTING PRIMARY ELECTIONS; AND 7-15-350 RELATING TO VERIFICATION OF REGISTRATION.

(R459) S. 1162 -- Senator Martin: AN ACT TO AMEND SECTIONS 7-13-710, 8-11-10, 12-36-1710, 12-37-220, 12-37-2660, 12-37-2725, 12-37-2727, 12-43-220, 12-43-300, 12-45-70, 12-49-225, 12-49-271, 12-49-310, 12-54-240, 14-7-130, 15-9-350, 15-9-36, 15-9-370, 23-31-140, 24-3-110, 31-17-320, 31-17-360, 31-17-380, 31-17-410, 36-9-307, 36-9-316, 38-73-455, 38-77-113, 38-77-340, 43-5-620, 44-43-30, 44-34-70, 56-1-10, 56-1-270, 56-1-290, 56-1-300, 56-1-310, 56-1-320, 56-1-330, 56-1-340, 56-1-350, 56-1-360, 56-1-365, 56-1-380, 56-1-410, 56-1-420, 56-1-460, 56-1-475, 56-1-510, 56-1-540, 56-1-630, 56-1-740, 56-1-770, 56-1-790, 56-1-810, 56-1-850, 56-1-1030, 56-1-1090, 56-1-1130, 56-1-1320, 56-1-1340, 56-1-1730, 56-1-1760, 56-1-2050, 56-1-2110, 56-1-2140, 56-5-6230, 56-10-10, 56-10-20, 56-10-40, AND 56-10-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PROVISIONS, BUSINESS HOURS FOR DEPARTMENTS OF STATE GOVERNMENT, EXCISE TAXES ON CERTAIN MOTOR VEHICLE SALES, EXEMPTION FROM TAXES, THE LISTING OF LICENSE REGISTRATION APPLICATIONS, THE CANCELLATION OF CERTAIN LICENSE PLATE AND REGISTRATION CERTIFICATES, THE RETROACTIVE APPLICATION OF SECTION 12-37-2750, THE EQUALIZATION AND REASSESSMENT OF TAXES, THE TIME FOR PAYING AND COLLECTING TAXES, THE ENFORCED COLLECTION OF TAXES, THE REQUIREMENT AS TO COMPLIANCE WITH THE DEPARTMENT OF REVENUE AND TAXATION REGULATIONS, THE PREPARATION OF JURY LISTS, SUMMONS, PUBLICATION AND SERVICE, THE PURCHASE OF A PISTOL, MANUFACTURING LICENSE PLATES, MOBILE HOME LICENSING REQUIREMENTS, MOBILE HOME MOVING PERMITS, MOVING MOBILE HOMES, OBTAINING A MOBILE HOME CERTIFICATE OF TITLE, MOBILE HOME BUYER PROTECTION, SALE OF SECURED PROPERTY WITHOUT CONSENT, EXCEPTIONS TO CHANGING THE BASE RATE FOR AUTOMOBILE INSURANCE, CONDITIONS FOR WAIVING THE LICENSE REINSTATEMENT FEE, EXCLUSIONS FROM AUTOMOBILE INSURANCE COVERAGE, PROVIDING CERTAIN MOTOR VEHICLE INFORMATION TO THE DEPARTMENT OF SOCIAL SERVICES, DISTRIBUTING FORMS AUTHORIZING ORGAN DONATION UPON LICENSE RENEWAL, RECRUITMENT FOR ORGAN DONORS AND DISSEMINATION OF INFORMATION, DRIVER'S LICENSES, THE SUSPENSION OF THE REGISTRATION OF VEHICLES REPORTED AS STOLEN, THE REQUIREMENT OF PROOF OF PAYMENT OF THE FEDERAL USE TAX, THE ISSUANCE OF FIRST-TIME REGISTRATION AND LICENSE PLATES, PAYMENT OF A FINE OR FORFEITURE OF A BOND FOR A TRAFFIC VIOLATION, MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, THE FULFILLMENT OF WARRANTY AGREEMENTS AND DEFINITIONS RELATING TO THE MOTOR VEHICLE CHOP SHOP, STOLEN, AND ALTERED PROPERTY ACT, SO AS TO DEVOLVE CERTAIN FUNCTIONS OF THE DEPARTMENT OF REVENUE AND TAXATION MOTOR VEHICLE DIVISION UPON THE DEPARTMENT OF PUBLIC SAFETY, AND TO REVISE CERTAIN OTHER DEPARTMENTAL REFERENCES; TO AMEND SECTION 56-3-2320, AS AMENDED, RELATING TO RESTRICTIONS ON THE USE OF DEALER LICENSE PLATES, SO AS TO PROVIDE THAT A DEALER LICENSE PLATE IS ALLOWED ON A MOTOR VEHICLE LOANED TO AN ECONOMIC DEVELOPMENT ENTITY; TO AMEND SECTION 1-11-310, AS AMENDED, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT'S ACQUISITION AND DISPOSITION OF VEHICLES, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 1-30-90, AS AMENDED, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO REVISE ITS AUTHORITY; TO AMEND SECTION 1-30-95, AS AMENDED, RELATING TO THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO REVISE ITS AUTHORITY; TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS TO THE PROCUREMENT CODE, SO AS TO REVISE EXEMPTED ITEMS THE DEPARTMENT OF PUBLIC SAFETY MAY PROCURE; TO AMEND SECTIONS 12-4-10 AND 12-4-15, BOTH AS AMENDED, RELATING TO THE CREATION OF THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO REVISE ITS AUTHORITY; TO AMEND SECTION 12-37-2650, AS AMENDED, RELATING TO THE ISSUANCE OF TAX NOTICES AND PAID RECEIPTS, SO AS TO REVISE THE PROCESS OF ISSUING NOTICES AND RECEIPTS AND TO TRANSFER CERTAIN AUTHORITY FROM THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 12-49-290, AS AMENDED, RELATING TO THE RIGHTS OF MORTGAGEES AND OTHERS, SO AS TO REVISE THE AUTHORITY OF THE DEPARTMENT OF REVENUE AND TAXATION; TO AMEND SECTION 12-49-330, AS AMENDED, RELATING TO THE RIGHTS OF A LIENHOLDER WITH A SECURITY INTEREST FILED WITH THE DEPARTMENT OF REVENUE AND TAXATION MOTOR VEHICLE DIVISION, SO AS TO REVISE THE AUTHORITY OF THIS AGENCY; TO AMEND SECTION 16-17-680, AS AMENDED, RELATING TO THE UNLAWFUL PURCHASE OR TRANSPORTATION OF CERTAIN ITEMS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 17-5-130, AS AMENDED, RELATING TO QUALIFICATIONS FOR CORONER, SO AS TO TRANSFER CERTAIN AUTHORITY FROM THE LAW ENFORCEMENT TRAINING COUNCIL TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 19-5-30, AS AMENDED, RELATING TO THE ADMISSIBILITY OF CERTAIN COPIES OF MOTOR VEHICLE RECORDS, SO AS TO REVISE THE TYPES OF COPIES THAT ARE ADMISSIBLE AND TO TRANSFER CERTAIN AUTHORITY TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 20-7-944, AS AMENDED, RELATING TO INFORMATION TO BE PROVIDED ON VARIOUS LICENSES TO BE USED TO COLLECT CHILD SUPPORT OBLIGATIONS, SO AS TO REVISE THE INFORMATION THAT MUST BE PROVIDED; TO AMEND SECTION 20-7-945, AS AMENDED, RELATING TO THE REVOCATION OF THE LICENSE OF CERTAIN LICENSES, SO AS TO REVISE THE REVOCATION REVIEW PROCEDURE AND TO PROVIDE A PROCEDURE TO INDEMNIFY A LICENSING ENTITY FROM CONSEQUENCES THAT MAY RESULT FROM THE REVOCATION OF A LICENSE; TO AMEND SECTIONS 23-6-20 AND 23-6-30, BOTH AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO REVISE ITS DUTIES AND POWERS; TO AMEND SECTION 23-6-50, AS AMENDED, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S ANNUAL AUDIT, SO AS TO PROVIDE THAT CERTAIN REVENUES GENERATED BY THE DEPARTMENT DURING A PRIOR FISCAL YEAR MAY BE CARRIED FORWARD TO THE CURRENT FISCAL YEAR; TO ADD SECTIONS 23-6-90 AND 23-6-145 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL PROVIDE SECURITY FOR CERTAIN GOVERNMENTAL FACILITIES AND TO PROVIDE THAT CERTAIN DEPARTMENT OFFICERS MAY STOP CERTAIN MOTOR VEHICLES AND REQUIRE THE DRIVER TO PRODUCE CERTAIN INFORMATION; TO AMEND SECTION 26-6-300, AS AMENDED, RELATING TO THE CREATION OF THE DIVISION OF MOTOR VEHICLE RECORDS AND VEHICLE INSPECTIONS, SO AS TO CHANGE ITS NAME AND REVISE ITS RESPONSIBILITIES; TO AMEND SECTION 23-11-110, AS AMENDED, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REVISE CERTAIN QUALIFICATIONS; TO AMEND CHAPTER 25 OF TITLE 23, AS AMENDED, RELATING TO LAW ENFORCEMENT OFFICERS HALL OF FAME, SO AS TO TRANSFER ADMINISTRATION OF THE HALL OF FAME FROM A COMMITTEE TO THE DEPARTMENT OF PUBLIC SAFETY, TO MAKE THE COMMITTEE ADVISORY, TO CHANGE CHAIRMANSHIP OF THE COMMITTEE, TO CLARIFY REFERENCES, TO DIRECT THE COMMITTEE TO PROVIDE TOURS AND PROGRAMS, AND TO REMOVE THE COMMITTEE'S AUTHORITY TO EMPLOY STAFF; TO AMEND SECTIONS 23-28-20, AS AMENDED, 23-28-30, 23-28-40, 23-28-60, 23-28-80, AND 23-28-90, ALL RELATING TO RESERVE LAW ENFORCEMENT OFFICER TRAINING, SO AS TO TRANSFER VARIOUS DUTIES TO THE DEPARTMENT OF PUBLIC SAFETY AND ITS CRIMINAL JUSTICE ACADEMY DIVISION, AND TO DELETE OBSOLETE REFERENCES; TO AMEND SECTION 23-47-20, RELATING TO 911 SYSTEM REQUIREMENTS, SO AS TO TRANSFER OPERATOR TRAINING DUTIES TO THE CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY, AND TO DELETE OBSOLETE REFERENCES; TO AMEND SECTION 31-17-340, AS AMENDED, RELATING TO MOBILE HOME LICENSES, SO AS TO CLARIFY REFERENCES; TO AMEND SECTIONS 38-55-530 AND 38-55-570, BOTH AS AMENDED, BOTH RELATING TO INSURANCE FRAUD AND REPORTING, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF REVENUE AND TAXATION; TO AMEND SECTION 38-77-1120, AS AMENDED, RELATING TO DEFINITIONS FOR MOTOR VEHICLE THEFT AND FRAUD REPORTING, SO AS TO DELETE REFERENCES TO THE DIVISION OF THE STATE HIGHWAY PATROL; TO AMEND SECTION 56-1-40, AS AMENDED, RELATING TO PERSONS PROHIBITED FROM OBTAINING A DRIVER'S LICENSE, SO AS TO CLARIFY PROVISIONS PERTAINING TO NONRESIDENTS; TO AMEND SECTION 56-1-80, AS AMENDED, RELATING TO PROCEDURES FOR OBTAINING A DRIVER'S LICENSE, SO AS TO TRANSFER CERTAIN DUTIES FROM THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF PUBLIC SERVICE, TO REVISE THESE PROCEDURES, AND TO DELETE PENALTIES; TO AMEND SECTION 56-1-90, AS AMENDED, RELATING TO IDENTIFICATION REQUIRED TO OBTAIN A DRIVER'S LICENSE, SO AS TO TRANSFER CERTAIN DUTIES FROM THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF PUBLIC SAFETY AND TO CLARIFY DOCUMENTATION REQUIRED; TO AMEND SECTION 56-1-130, AS AMENDED, RELATING TO DRIVER'S LICENSE EXAMINATIONS, FEES, AND CLASSES OF LICENSES, SO AS TO PROVIDE FOR AN "APPROPRIATE" RATHER THAN A FIXED FEE AND TO REVISE THE WEIGHT OF VEHICLES FOR CERTAIN LICENSE CLASSES; TO ADD SECTION 56-1-141, SO AS TO PROVIDE THAT A PASSING GRADE FROM A QUALIFIED EDUCATION PROGRAM FROM A SECONDARY SCHOOL IS CERTIFICATION THAT DEPARTMENT STANDARDS HAVE BEEN MET; TO AMEND SECTION 56-1-210, AS AMENDED, RELATING TO EXPIRATION AND RENEWAL OF DRIVER'S LICENSES, SO AS TO AUTHORIZE RENEWAL BY MAIL OF A DIGITIZED LICENSE; TO AMEND SECTION 56-1-280, AS AMENDED, RELATING TO MANDATORY SUSPENSION AND REVOCATION OF DRIVER'S LICENSES, SO AS TO DELETE PROVISIONS AUTHORIZING THE DEPARTMENT TO REVOKE OR SUSPEND LICENSES FOR CAUSES REQUIRED BY OTHER LAWS OF THIS STATE; TO ADD SECTION 56-1-285 SO AS TO AUTHORIZE THE DEPARTMENT TO REVOKE OR REFUSE TO RENEW A LICENSE FOR FAILURE TO PAY A FEE OR TAX; TO ADD SECTION 56-1-288 SO AS TO AUTHORIZE THE DEPARTMENT TO GARNISH AN INCOME TAX REFUND IN LIEU OF REVOCATION FOR FAILURE TO COMPLY WITH FINANCIAL RESPONSIBILITY; TO AMEND SECTION 56-1-37O, RELATING TO THE RIGHT OF A LICENSEE TO REQUEST A REVIEW AFTER NOTIFICATION OF A SUSPENSION OR OTHER ACTION BY THE DEPARTMENT, SO AS TO CHANGE A REFERENCE FROM COUNTY TO JUDICIAL CIRCUIT AND CLARIFY OTHER REFERENCES; TO AMEND SECTION 56-1-390, RELATING TO THE FEE FOR REINSTATEMENT OF THE LICENSE, SO AS TO CLARIFY A REFERENCE AND AUTHORIZE THE DIRECTOR OR HIS DESIGNEE TO WAIVE OR RETURN THE REINSTATEMENT FEE UNDER CERTAIN CONDITIONS; TO AMEND SECTION 56-1-400, RELATING TO THE REQUIREMENT THAT THE DEPARTMENT OF PUBLIC SAFETY, UPON SUSPENDING OR REVOKING A LICENSE, REQUIRE THAT THE LICENSE BE SURRENDERED TO THE DEPARTMENT, SO AS TO CLARIFY REFERENCES AND DELETE REFERENCES TO THE SURRENDERING OF THE LICENSE TO THE DEPARTMENT OF REVENUE AND TAXATION AND THE NOTIFICATION REQUIREMENTS; TO AMEND SECTION 56-1-463, RELATING TO THE REQUIREMENT THAT SECTION 56-1-560 DOES NOT APPLY IF AND WHEN THE PROPOSED SUSPENSION IS BASED SOLELY ON THE LACK OF NOTICE BEING GIVEN TO THE DEPARTMENT, SO AS TO CLARIFY THE REFERENCE AND SPECIFY THAT FINES OR PENALTIES ARE DUE TO THE COURT; TO ADD SECTION 56-1-478 SO AS TO AUTHORIZE THE DEPARTMENT TO ENTER INTO RECIPROCAL AGREEMENTS WITH OTHER STATES AND POLITICAL SUBDIVISIONS FOR THE COLLECTION OF FINES, FEES, OR OTHER COSTS WHICH RESULTED IN THE REVOCATION OF A PERSON'S DRIVING PRIVILEGES OF PERSON APPLYING FOR A DRIVER'S LICENSE OR RENEWING A DRIVER'S LICENSE IN THIS STATE; TO AMEND SECTION 56-1-640 TO CHANGE A REFERENCE FROM THE LICENSING AUTHORITY OF THE PARTY STATE TO THE DEPARTMENT AND FROM A REFERENCE TO JURISDICTION TO SOUTH CAROLINA; TO AMEND SECTION 56-1-650, RELATING TO THE REPORTING OF CERTAIN VIOLATIONS BY THE LICENSING AUTHORITY IN THE HOME STATE, SO AS TO DELETE REFERENCES TO LICENSING AUTHORITY AND SUBSTITUTE THE REQUIREMENT THAT A STATE THAT IS A MEMBER OF THE DRIVER'S LICENSE COMPACT SHALL REPORT TO ANOTHER MEMBER STATE OF THE COMPACT A CONVICTION FOR CERTAIN CRIMES, CLARIFY DESCRIPTIONS OF CERTAIN CRIMES, PROVIDE THAT IF THE VIOLATIONS LISTED IN THIS SECTION ARE NOT PRECISELY THE SAME WORDS USED BY A MEMBER STATE, THE MEMBER STATE SHALL CONSTRUE THE DESCRIPTION TO APPLY TO OFFENSES OF THE MEMBER STATE THAT ARE SUBSTANTIALLY SIMILAR TO THE ONES DESCRIBED, REQUIRE THAT A STATE AS A MEMBER OF THE COMPACT SHALL REPORT TO ANOTHER MEMBER STATE OF THE COMPACT A CONVICTION WHERE ANY OTHER OFFENSE OR ANY OTHER INFORMATION CONCERNING CONVICTIONS THAT THE MEMBER STATES AGREE TO REPORT, PROVIDE THAT FOR A CONVICTION THAT IS NOT REQUIRED TO BE REPORTED UNDER THIS SECTION, THE PROVISIONS OF SECTION 56-1-320 SHALL GOVERN THE EFFECT OF THE REPORT CONVICTION IN THIS STATE AND PROVIDE THAT FOR A CONVICTION THAT IS NOT REQUIRED TO BE REPORTED UNDER THIS SECTION NOTICE OF THE CONVICTION MUST BE RECEIVED BY THE DEPARTMENT FOR PURPOSES OF SUSPENSION OR REVOCATION WITHIN ONE YEAR OF THE DATE OF CONVICTION; TO AMEND SECTION 56-1-670, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT AND TO SOUTH CAROLINA; TO AMEND SECTION 56-1-680, SO AS TO CHANGE REFERENCES FROM THE HEAD OF THE LICENSING AUTHORITY OF EACH PARTY STATE TO THE DIRECTOR OR HIS DESIGNEE OF THE DEPARTMENT FOR PURPOSES OF FORMULATING NECESSARY PROCEDURES FOR THE EXCHANGE OF INFORMATION UNDER THE COMPACT; TO AMEND SECTION 56-1-746, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE FOR OFFENSES RELATING TO THE POSSESSION, SALE, AND CONSUMPTION OF BEER, WINE, AND ALCOHOLIC BEVERAGES, SO AS TO CHANGE A REFERENCE FOR AN OFFENSE FROM SECTION 56-1-510(4) TO SECTION 56-1-510(5); TO AMEND SECTION 56-1-800, RELATING TO COPIES OF PROCEEDINGS HELD UNDER THE PROVISIONS OF ARTICLE 3, CHAPTER 1 OF THIS TITLE, SO AS TO INCLUDE A REFERENCE TO AN OPTICAL DISK AND TO PROVIDE THAT IT IS DEEMED A TRUE COPY WHEN CERTIFIED BY THE DIRECTOR OR HIS DESIGNEE; TO AMEND SECTION 56-1-810, RELATING TO THE RIGHT OF A LICENSEE TO REQUEST IN WRITING A REVIEW AFTER NOTICE OF SUSPENSION, SO AS TO DELETE REFERENCES TO REVIEW AND PROVIDE THAT HE HAS THE RIGHT TO AN ADMINISTRATIVE HEARING AND TO CLARIFY A REFERENCE; TO AMEND SECTION 56-1-1020, RELATING TO THE MEANING OF A HABITUAL OFFENDER, AS DETERMINED BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO CLARIFY REFERENCES AND DELETE THE DEFINITION OF CONVICTION UNDER THIS SECTION AND A REFERENCE TO THE APPLICABILITY OF ARTICLE 5, CHAPTER 1 OF THIS TITLE TO CONVICTIONS WHICH OCCURRED PRIOR TO JUNE 14, 1973; TO AMEND SECTION 56-1-1100, RELATING TO THE OPERATION OF A MOTOR VEHICLE IN THIS STATE WHILE THE DECISION OF THE DEPARTMENT PROHIBITING ITS OPERATION IS IN EFFECT, SO AS TO DELETE THE CRIME OF UNLAWFULLY OPERATING A MOTOR VEHICLE WHILE THE DECISION OF THE DEPARTMENT REMAINS IN EFFECT, AND CLARIFYING REFERENCES; TO AMEND SECTION 56-1-1330, RELATING TO PROVISIONAL DRIVER'S LICENSE, SO AS TO CORRECT CERTAIN REFERENCES TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES AND OTHER REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 56-1-2100, RELATING TO A COMMERCIAL DRIVER'S LICENSE, SO AS TO DELETE A REFERENCE TO THE DEPARTMENT OF PUBLIC SAFETY AND CHANGE FROM THE FOURTH TO THE FIFTH CALENDAR YEAR AFTER THE CALENDAR YEAR IN WHICH IT WAS ISSUED THE EXPIRATION OF THE LICENSE; TO AMEND SECTION 56-1-2130, RELATING TO TESTS FOR ALCOHOL OR DRUGS AND THE PRESUMPTION OF CONSENT, SO AS TO CLARIFY A REFERENCE AND DELETE A REFERENCE TO THE REQUIREMENT THAT THE DEPARTMENT BE NOTIFIED IF THE DRIVER IS DISQUALIFIED FROM DRIVING A COMMERCIAL MOTOR VEHICLE; TO AMEND SECTION 56-1-3350, RELATING TO SPECIAL IDENTIFICATION CARDS ISSUED BY THE DEPARTMENT, SO AS TO CHANGE REFERENCES FROM THE MOTOR VEHICLE DIVISION OF THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF PUBLIC SAFETY, DELETE THE REQUIREMENT FOR THE SIGNATURE OF THE DIRECTOR OF A FACILITY THAT PROVIDES CARE OR SHELTER TO A HOMELESS PERSON CERTIFYING THAT THE PERSON NAMED IN THE LETTER IS HOMELESS BE DELETED, AND DELETE THE REQUIREMENT THAT THE DEPARTMENT MAY PROMULGATE REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION; TO AMEND TITLE 56 OF THE 1976 CODE BY ADDING CHAPTER 2 SO AS TO PROVIDE THAT THE DEPARTMENT MUST REFUSE TO RENEW THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF A PERSON WHO HAS NOT PAID PROPERTY TAXES WITHIN THE TIME LIMITS PRESCRIBED, TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE TO COUNTY TREASURERS OR COUNTY TAX COLLECTORS BIENNIAL LICENSE PLATES AND REVALIDATION DECALS, AND THAT THESE OFFICIALS SHALL GIVE THEM TO A MOTOR VEHICLE OWNER, AND TO PROVIDE THAT VALIDATION DECALS MUST BE ISSUED FOR A PERIOD NOT TO EXCEED TWELVE MONTHS; TO AMEND SECTION 56-3-240, RELATING TO CONTENTS OF AN APPLICATION FOR REGISTRATION AND LICENSING, SO AS TO REVISE THE REQUIREMENTS OF THE ODOMETER DISCLOSURE STATEMENT; TO AMEND SECTION 56-3-376, RELATING TO THE ESTABLISHMENT OF A SYSTEM OF REGISTRATION OF CERTAIN MOTOR VEHICLES ON A MONTHLY BASIS AND THE ASSIGNMENT OF ANNUAL REGISTRATION PERIODS, SO AS TO PROVIDE FOR BIENNIAL REGISTRATIONS OF THESE VEHICLES; TO AMEND SECTION 56-3-620, RELATING TO BIENNIAL REGISTRATION FEES FOR PERSONS OVER SIXTY-FIVE OR WHO ARE HANDICAPPED AND SECTION 56-3-630, RELATING TO FEES FOR COMMON CARRIER PASSENGER VEHICLES, SO AS TO REVISE AND FURTHER PROVIDE FOR CERTAIN TERMS; TO AMEND SECTION 56-3-660, RELATING TO FEES FOR SELF-PROPELLED PROPERTY CARRYING VEHICLES, SO AS TO REVISE THE MANNER IN WHICH THE LICENSE FEES SHALL BE DEPOSITED AND USED; TO AMEND SECTION 55-3-670, RELATING TO FEES FOR FARM TRUCK LICENSES, SO AS TO DELETE LANGUAGE REQUIRING A PERSON TO CERTIFY TO THE DEPARTMENT THAT HE IS A BONA FIDE FARMER; TO AMEND SECTION 56-3-710, RELATING TO FEES FOR HOUSE TRAILERS, SO AS TO CHANGE CERTAIN REFERENCES; TO AMEND SECTION 56-3-720, RELATING TO FEES FOR CAMPUS AND TRAVEL TRAILERS, SO AS TO REVISE THE MANNER IN WHICH VEHICLES ARE INCLUDED IN THIS CLASSIFICATION; TO AMEND SECTION 56-3-780, RELATING TO PERMANENT LICENSE PLATES FOR CERTAIN GOVERNMENTAL VEHICLES, SO AS TO REVISE THE TYPES OF GOVERNMENTS TO WHICH THE SECTION APPLIES AND THE WORDS SUCH PLATES MUST BEAR; TO AMEND SECTIONS 56-3-1010, 56-3-1020, AND 56-3-1040, RELATING TO FLEET MOTOR VEHICLES, SO AS TO CHANGE CERTAIN REFERENCES AND PROVIDE THE DEPARTMENT MAY AUTHORIZE SELECT FLEET OPERATORS TO ISSUE SPECIAL LICENSE PLATES AND REGISTRATION CARDS FOR THEIR OWN FLEET VEHICLES; TO AMEND SECTION 56-3-1110, RELATING TO FREE VEHICULAR REGISTRATION FOR DISABLED VETERANS, SO AS TO REVISE THE VEHICLES TO WHICH THE SECTION APPLIES AND PROVIDE THAT SURVIVING SPOUSES OF SUCH VETERANS ARE ALSO ELIGIBLE TO OBTAIN SUCH PLATE SO LONG AS THEY DO NOT REMARRY; TO AMEND SECTION 56-3-1150, RELATING TO FREE VEHICULAR REGISTRATION FOR FORMER PRISONERS OF WAR, SO AS TO REVISE THE VEHICLES TO WHICH THE SECTION APPLIES; TO AMEND SECTION 56-3-1320, RELATING TO FEES FOR REPLACEMENT PLATES AND STICKERS, SO AS TO REVISE THE MANNER IN WHICH THE FEES ARE DETERMINED; TO AMEND SECTION 56-3-1330, RELATING TO SUSPENSION, CANCELLATION, OR REVOCATION OF REGISTRATIONS AND LICENSINGS, SO AS TO DELETE CERTAIN JURISDICTION OF THE CIRCUIT COURT OVER THESE MATTERS; TO AMEND SECTIONS 56-3-1510, 56-3-1520, AND 56-3-1530, RELATING TO SPECIAL LICENSE PLATES FOR AMATEUR RADIO OPERATORS, SO AS TO CHANGE CERTAIN VEHICLE REFERENCES, THE APPLICATION PROCEDURE FOR SUCH PLATES, AND THE LICENSING PERIOD THEREOF; TO AMEND SECTIONS 56-3-1610, 56-3-1620, AND 56-3-1630, RELATING TO SPECIAL LICENSE PLATES FOR EMERGENCY MEDICAL TECHNICIANS, SO AS TO CHANGE CERTAIN VEHICLE REFERENCES, THE APPLICATION PROCEDURES FOR SUCH PLATES, AND THE LICENSING PERIOD THEREOF; TO AMEND SECTION 56-3-1710, RELATING TO THE DESIGN OF PLATES FOR PUBLICALLY-OWNED VEHICLES, SO AS TO FURTHER PROVIDE FOR SUCH DESIGN AND THE APPLICABILITY OF THE PROVISIONS OF THE SECTION; TO AMEND SECTIONS 56-3-1750, RELATING TO SPECIAL LICENSE PLATES FOR MEMBERS OF THE MILITARY RESERVE, 56-3-1810, RELATING TO SPECIAL LICENSE PLATES FOR MEMBERS OF THE NATIONAL GUARD, AND 56-3-1850, RELATING TO SPECIAL LICENSE PLATES FOR MEDAL OF HONOR RECIPIENTS, SO AS TO FURTHER PROVIDE FOR THE TYPE OF VEHICLES TO WHICH THESE SECTIONS APPLY; TO AMEND SECTIONS 56-3-1971, 56-3-1972, 56-3-1973, AND 56-3-1974, RELATING TO THE UNIFORM PARKING VIOLATIONS TICKET, SO AS TO REVISE THE PROCEDURES GOVERNING ITS ISSUANCE, FORM, AND CONTENT; TO AMEND SECTIONS 56-3-2010 AND 56-3-2030, RELATING TO PERSONALIZED LICENSE PLATES, SO AS TO REVISE THE MANNER IN WHICH AND VEHICLES FOR WHICH THESE PLATES MAY BE ISSUED; TO AMEND SECTION 56-3-2150, RELATING TO SPECIAL LICENSE PLATES FOR MEMBERS OF MUNICIPAL AND COUNTY COUNCILS, SO AS TO REVISE THE TYPE OF VEHICLES TO WHICH THE SECTION APPLIES; TO AMEND SECTION 56-3-2320, RELATING TO DEALER LICENSE PLATES, SO AS TO FURTHER PROVIDE FOR THE APPLICABILITY OF THE SECTION IN REGARD TO THE TESTING OR DEMONSTRATION OF TRUCKS; TO AMEND SECTION 56-3-2380, RELATING TO DENIAL OF APPLICATIONS FOR REGISTRATION AND LICENSING, SO AS TO REVISE THE AUTHORITY OF THE DEPARTMENT TO PROMULGATE REGULATIONS IN REGARD THERETO;TO AMEND SECTION 56-3-2810, RELATING TO SPECIAL LICENSE PLATES FOR VOLUNTEER FIREMEN, AND SECTION 56-3-3310, RELATING TO SPECIAL LICENSE PLATES FOR PURPLE HEART RECIPIENTS, SO AS TO FURTHER PROVIDE FOR THE TYPES OF VEHICLES TO WHICH THE SECTION APPLIES; TO AMEND SECTION 56-3-3710, RELATING TO SPECIAL COLLEGE OR UNIVERSITY LICENSE PLATES, SO AS TO FURTHER PROVIDE FOR THE ISSUANCE OF THESE PLATES AND FOR THE DISTRIBUTION OF THE FUNDS COLLECTED FROM THE FEES THEREFOR; TO AMEND SECTION 56-3-3910, RELATING TO COMMEMORATIVE LICENSE PLATES FOR THE STATE DANCE, SECTION 56-3-3950, RELATING TO "KEEP SOUTH CAROLINA BEAUTIFUL" LICENSE PLATES, AND SECTION 56-3-4310, RELATING TO SPECIAL LICENSE PLATES FOR RETIRED MEMBERS OF THE UNITED STATES ARMED FORCES, SO AS TO FURTHER PROVIDE FOR THE TYPES OF VEHICLES TO WHICH THESE SECTIONS APPLY; TO AMEND SECTION 56-3-4510, AS AMENDED, RELATING TO SPECIAL COMMEMORATIVE LICENSE PLATES FOR NONGAME WILDLIFE AND NATURAL AREAS FUND, SO AS TO PROVIDE THE DEPARTMENT OF REVENUE AND TAXATION SHALL ISSUE A SPECIAL COMMEMORATIVE MOTOR VEHICLE LICENSE PLATE FOR USE BY THE OWNER ON HIS PRIVATE PASSENGER MOTOR VEHICLE; TO AMEND SECTION 56-3-4710, AS AMENDED, RELATING TO THE ISSUANCE OF SOUTH CAROLINA STATE GUARD LICENSE PLATES, SO AS TO PROVIDE THE DEPARTMENT MAY ISSUE A SPECIAL MOTOR VEHICLE LICENSE PLATE TO A MEMBER OF THE GUARD FOR A MOTOR VEHICLE OWNED BY THE MEMBER; TO AMEND SECTION 56-3-4910, AS AMENDED, RELATING TO SOUTH CAROLINA FIREFIGHTERS' LICENSE PLATES, SO AS TO PROVIDE THE DEPARTMENT MAY ISSUE SOUTH CAROLINA FIREFIGHTERS LICENSE PLATES TO A RESIDENT FOR A PRIVATE PASSENGER MOTOR VEHICLE OWNED BY HIM AND TO PROVIDE FOR THE DISBURSEMENT OF THE FUNDS; TO AMEND SECTION 56-3-5910, RELATING TO PEARL HARBOR SURVIVORS' LICENSE PLATES, SO AS TO PROVIDE AN OWNER OF A PRIVATE PASSENGER MOTOR VEHICLE MAY APPLY FOR A PEARL HARBOR SURVIVOR'S LICENSE PLATE; TO AMEND SECTION 56-3-5930, RELATING TO PROOF OF ELIGIBILITY FOR A PEARL HARBOR LICENSE PLATE, SO AS TO PROVIDE A PEARL HARBOR LICENSE PLATE MAY BE ISSUED ONLY TO AN APPLICANT FOR HIS PRIVATE PASSENGER MOTOR VEHICLE; TO AMEND SECTION 56-5-60, AS AMENDED, RELATING TO REQUIREMENTS FOR ENVELOPES MAILED BY THE DEPARTMENT CONTAINING CERTAIN NOTICES, SO AS TO DELETE THE PHRASE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 56-5-750, AS AMENDED, RELATING TO AN INDIVIDUAL'S FAILURE TO STOP HIS MOTOR VEHICLE WHEN SIGNALED BY A LAW ENFORCEMENT VEHICLE, SO AS TO PROVIDE THE DEPARTMENT MUST SUSPEND A PERSON'S DRIVER'S LICENSE FOR A FIRST OFFENSE FOR AT LEAST THIRTY DAYS FOR FAILURE TO STOP WHEN SIGNALED BY A LAW ENFORCEMENT VEHICLE BY MEANS OF A SIREN OR FLASHING LIGHT AND FOR A SECOND OFFENSE THE PERSON'S DRIVER'S LICENSE MUST BE REVOKED BY THE DEPARTMENT FOR A PERIOD OF ONE YEAR AND TO DELETE THE TERM "CONVICTION" AND ITS DEFINITION AND TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO KEEP A NONPUBLIC RECORD OF A PERSON'S OFFENSE FOR FAILING TO STOP FOR A SIGNALING LAW ENFORCEMENT VEHICLE AFTER THE OFFENDER'S RECORD IS EXPUNGED; TO AMEND SECTION 56-5-765, AS AMENDED, RELATING TO THE INVESTIGATION OF A TRAFFIC COLLISION INVOLVING A MOTOR VEHICLE OR MOTORCYCLE OF A LAW ENFORCEMENT AGENCY, SO AS TO DELETE THE PHRASE "SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY" AND TO ADD THE TERM "DEPARTMENT"; TO AMEND SECTION 56-5-1270, RELATING TO ACCIDENT REPORTS WHICH STATE AN INJURY OR DEATH OCCURRED OR PROPERTY DAMAGE OF FOUR HUNDRED DOLLARS OR MORE, SO AS TO REQUIRE AN OWNER OR OPERATOR INVOLVED IN AN ACCIDENT NOT INVESTIGATED BY A LAW ENFORCEMENT OFFICER WITH TOTAL PROPERTY DAMAGE OF ONE THOUSAND DOLLARS OR MORE TO FORWARD A WRITTEN REPORT AND PROOF OF LIABILITY INSURANCE TO THE DEPARTMENT AND TO REQUIRE A LAW ENFORCEMENT OFFICER WHO INVESTIGATES A MOTOR VEHICLE ACCIDENT THAT RESULTS IN INJURY TO OR DEATH OF ANY PERSON OR TOTAL PROPERTY DAMAGE TO AN APPARENT EXTENT OF ONE THOUSAND DOLLARS OR MORE TO FORWARD A WRITTEN REPORT OF THE ACCIDENT TO THE DEPARTMENT INCLUDING THE NAMES OF INTERVIEWED PARTICIPANTS AND WITNESSES; TO AMEND SECTION 56-5-1350, RELATING TO THE DEPARTMENT'S ANALYSIS AND STATISTICS ON REPORTED ACCIDENTS, SO AS TO LIMIT THE DEPARTMENT'S REPORT TO ACCIDENT REPORTS FILED PURSUANT TO SECTION 56-5-1270; TO AMEND SECTION 56-5-2585, RELATING TO THE EXEMPTION OF MUNICIPAL PARKING METER FEES BY DISABLED VETERANS, SO AS TO DELETE THE PHRASE "DEPARTMENT OF REVENUE AND TAXATION" AND TO ADD THE TERM "DEPARTMENT"; TO AMEND SECTION 56-5-2980, RELATING TO COPIES OF ACCIDENT REPORTS PURSUANT TO SECTION 56-5-2970 AS PRIMA FACIE EVIDENCE OF A PREVIOUS CONVICTION, SO AS TO ALLOW COPIES OF AN ACCIDENT REPORT ON AN OPTICAL DISK TO BE USED A PRIMA FACIE EVIDENCE OF ONLY A PRIOR CONVICTION AGAINST AN OFFENDER AND TO DELETE THE PHRASE "MOTOR VEHICLE DIVISION" AND REPLACE IT WITH THE TERM "DEPARTMENT"; TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF A CONVICTED PERSON'S DRIVER'S LICENSE, SO AS TO DELETE THE PHRASE "DEPARTMENT OF REVENUE AND TAXATION" AND ADD THE TERM "DEPARTMENT" AND TO DELETE THE PHRASE "SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE" AND REPLACE IT WITH THE PHRASE "DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES"; TO AMEND SECTION 56-5-3750, AS AMENDED, RELATING TO THE SALE OF MOPEDS, SO AS TO DELETE THE PHRASE "DEPARTMENT OF REVENUE AND TAXATION" AND ADD THE TERM "DEPARTMENT"; TO AMEND SECTION 56-5-4035, RELATING TO PERMITS FOR VEHICLES CARRYING CULVERT PIPES, SO AS TO DELETE THE PROVISION THAT THE DEPARTMENT OF PUBLIC SAFETY MAY INSTITUTE REGULATIONS FOR THE SALE OF PERMITS TO VEHICLES CARRYING CULVERT PIPES AND TO MAKE OTHER TECHNICAL CHANGES; TO AMEND SECTION 56-5-4070, AS AMENDED, RELATING TO THE REGULATION OF LENGTH OF VEHICLES ON HIGHWAYS, SO AS TO DELETE THE PHRASE "DEPARTMENT OF PUBLIC SAFETY" AND ADD THE TERM "DEPARTMENT"; TO AMEND SECTION 56-5-4075, AS AMENDED, RELATING TO REGULATIONS GOVERNING VEHICULAR TRAFFIC ON HIGHWAYS, SO AS TO DELETE THE PHRASES "DEPARTMENT OF PUBLIC SAFETY" AND "THE DEPARTMENT OF REVENUE AND TAXATION" AND TO ADD THE TERM "DEPARTMENT"; TO AMEND SECTION 56-5-4095, AS AMENDED, RELATING TO THE TRANSPORTATION OF MODULAR OR SECTIONAL HOUSING UNITS ON THE STATE'S PUBLIC HIGHWAYS, SO AS TO DELETE THE PHRASE "DEPARTMENT OF REVENUE AND TAXATION" AND ADD THE PHRASE "DEPARTMENT OF TRANSPORTATION"; TO AMEND SECTION 56-5-4140, AS AMENDED, RELATING TO THE GROSS WEIGHT OF VEHICLES OPERATED ON A HIGHWAY IN THE STATE, SO AS TO PROVIDE THAT A VEHICLE OR COMBINATION OF VEHICLES OPERATED OR MOVED ON THE HIGHWAY OR INTERSTATE MUST MEET AXLE SPACING REQUIREMENTS AND MAXIMUM OVERALL GROSS WEIGHTS AS PROVIDED IN SUBSECTION (B) AND TO PROVIDE THAT VEHICLES UP TO EIGHTY THOUSAND POUNDS MAY OPERATE UPON ANY HIGHWAY WITH RESTRICTIONS AS PROVIDED IN THIS SECTION AND TO DELETE GUIDELINES FOR THE GROSS WEIGHT OF VEHICLES WITH ONE AND TWO AXLES AND VEHICLES WHICH HAVE BEEN ISSUED A SPECIAL PERMIT BY THE DEPARTMENT OF REVENUE AND TAXATION AND TO MAKE CHANGES IN THE TABLE WHICH DENOTES THE MAXIMUM WEIGHT VEHICLES ARE ALLOWED WITH TWO OR MORE CONSECUTIVE AXLES, AND TO DELETE PROVISIONS REGARDING THE ENFORCEMENT OF A MORATORIUM OF THE THIRTY-FOUR THOUSAND POUNDS TANDEM AXLE LIMIT AND THE FEDERAL BRIDGE FORMULA AND TO PROVIDE CERTAIN TYPES OF VEHICLES ARE LIMITED TO A WEIGHT OF TWENTY THOUSAND POUNDS FOR EACH AXLE AND TO REQUIRE CONCRETE MIXING TRUCKS WORKING WITHIN A FIFTEEN MILE RADIUS OF THEIR HOME BASE MAY NOT WEIGH MORE THAN SIXTY-SIX THOUSAND POUNDS AND TO PROVIDE WEIGHT GUIDELINES FOR WELL-DRILLING, BORING RIGS, AND TENDER TRUCKS AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-4150, AS AMENDED, RELATING TO THE REGISTRATION AND INVESTIGATION BY THE DEPARTMENT OF REVENUE AND TAXATION OF VEHICLES WHICH TRANSPORT PROPERTY OR TEN OR MORE PERSONS, SO AS TO DELETE THE PHRASE "DEPARTMENT OF REVENUE AND TAXATION" AND TO ADD THE TERM "DEPARTMENT"; TO AMEND SECTION 56-5-4160, AS AMENDED, RELATING TO PENALTIES FOR VEHICLES WHICH EXCEED THE GROSS WEIGHT IMPOSED BY SECTION 56-5-4130 OR 56-5-4140, SO AS TO PROVIDE FOR THE DISBURSEMENT OF FINES COLLECTED FROM VEHICLES WHICH CARRY EXCESS WEIGHT; TO AMEND SECTION 56-5-4192, AS AMENDED, RELATING TO THE MOVEMENT OF A MOBILE HOME ON HIGHWAYS OF THIS STATE ON SATURDAYS, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-4720, AS AMENDED, RELATING TO THE USE OF OSCILLATING, ROTATING, OR FLASHING RED LIGHTS ON STATE DEPARTMENT HIGHWAYS AND PUBLIC TRANSPORTATION VEHICLES, SO AS TO DELETE THE TERM "DEPARTMENT" AND ADD THE PHRASE "DEPARTMENT OF TRANSPORTATION"; TO AMEND SECTION 56-5-4880, AS AMENDED, RELATING TO THE INSPECTION OF BRAKES OF MOTOR-DRIVEN CYCLES BY THE DEPARTMENT, SO AS TO DELETE THE PHRASE "DEPARTMENT OF REVENUE AND TAXATION" AND ADD THE TERM "DEPARTMENT"; TO AMEND SECTION 56-5-5010, AS AMENDED, RELATING TO THE SAFETY GLASS IN MOTOR VEHICLES, SO AS TO DELETE THE PHRASE "DEPARTMENT OF REVENUE AND TAXATION" AND ADD THE TERM "DEPARTMENT"; TO AMEND SECTION 56-5-5670, AS AMENDED, RELATING TO THE DUTIES OF A PERSON WHO DEMOLISHES VEHICLES, SO AS TO DELETE THE PHRASE "DEPARTMENT OF REVENUE AND TAXATION" AND ADD THE TERM "DEPARTMENT"; TO AMEND SECTION 56-5-5810, RELATING TO DEFINITIONS FOR PURPOSES OF ABANDONED VEHICLES, SO AS TO REVISE DEFINITIONS WITH RESPECT TO SUCH VEHICLES AND TRANSFER ENFORCEMENT AUTHORITY; TO ADD SECTION 56-5-5820 SO AS TO DECLARE THAT ABANDONED AND DERELICT VEHICLES CONSTITUTE A HEALTH AND SAFETY HAZARD; TO AMEND SECTION 56-5-5840, RELATING TO ABANDONED VEHICLES, SO AS TO DELETE OBSOLETE PROVISIONS; TO AMEND SECTION 56-5-5850, AS AMENDED, RELATING TO PROCEDURES EMPLOYED IN THE REMOVAL OF ABANDONED OR DERELICT VEHICLES, SO AS TO REVISE THESE PROCEDURES; TO AMEND SECTION 56-5-5870, AS AMENDED, RELATING TO AUTHORITY TO CONTRACT TO PREPARE FOR THE DISPOSAL OF ABANDONED VEHICLES, SO AS TO EXTEND THIS AUTHORITY TO LOCAL GOVERNMENTS AND DELETE REFERENCES TO THE AUTHORITY OF THE DIRECTOR; TO AMEND SECTION 56-5-5880, RELATING TO AUTHORITY TO ENTER ONTO PROPERTY TO ENFORCE ABANDONED VEHICLE PROVISIONS, SO AS TO EXTEND THIS AUTHORITY TO LOCAL GOVERNMENTS; TO AMEND SECTION 56-5-5890, RELATING TO THE REQUIREMENT NOT TO HARM ABANDONED VEHICLES IN THE PROCESS OF REMOVAL, SO AS TO MAKE GRAMMATICAL CHANGES; TO AMEND SECTION 56-5-5900, RELATING TO THIRD PARTY LIABILITY FOR PENALTIES AND FEES WITH RESPECT TO ABANDONED VEHICLES, SO AS TO MAKE GRAMMATICAL CHANGES AND AUTHORIZE RECEIPT OF STOLEN VEHICLE REPORTS FROM OTHER STATES; TO AMEND SECTION 56-5-5910, RELATING TO PENALTIES FOR TAMPERING WITH IDENTIFYING TAGS, SO AS TO INCREASE THE MAXIMUM FINE; TO AMEND SECTION 56-5-5920, RELATING TO THE CIRCUMSTANCES UNDER WHICH VEHICLES ARE SUBJECT TO THE ABANDONMENT PROVISIONS, SO AS TO MAKE GRAMMATICAL CHANGES AND LIMIT THE APPLICATION OF THE ARTICLE TO VEHICLES PRESENTING AN IMMEDIATE HAZARD; TO AMEND SECTION 56-5-5940, RELATING TO ENFORCEMENT OF THE ABANDONED VEHICLE LAW, SO AS TO AUTHORIZE THE LANDOWNER WHERE A VEHICLE IS ABANDONED TO APPLY TO THE APPROPRIATE LAW ENFORCEMENT JURISDICTION TO ENFORCE THE ARTICLE; TO ADD SECTION 56-5-5945, SO AS TO PROVIDE FOR THE DUTIES OF DEMOLISHERS RECEIVING ABANDONED CARS; TO AMEND SECTION 56-5-5950, RELATING TO THE OFFENSE OF ABANDONING A VEHICLE, SO AS TO INCREASE THE MAXIMUM FINE; TO AMEND SECTION 56-7-10, AS AMENDED, RELATING TO THE UNIFORM TRAFFIC TICKET, SO AS TO REQUIRE APPROVAL OF THE TICKET FORM BY THE ATTORNEY GENERAL WITHIN THIRTY DAYS AND TO AUTHORIZE AUTOMATED TICKETS UPON APPROVAL BY THE DEPARTMENT; TO AMEND SECTION 56-7-12, AS AMENDED, RELATING TO INSURANCE VERIFICATION FOLLOWING A MOVING VIOLATION, SO AS TO AUTHORIZE RATHER THAN REQUIRE THE FURNISHING OF THE INSURANCE VERIFICATION REQUEST FORM TO THE ALLEGED VIOLATOR AND TO TRANSFER ENFORCEMENT OF THIS PROVISION; TO AMEND SECTION 56-9-330, RELATING TO FEES FOR DRIVING RECORD ABSTRACTS AND ACCIDENT REPORTS, SO AS TO DELETE REFERENCES TO SPECIFIC FEES; TO ADD SECTION 56-9-505, SO AS TO AUTHORIZE A WAIVER OF THE FINANCIAL RESPONSIBILITY REQUIREMENTS FOR SUSPENSIONS FOR FAILURE TO PAY PROPERTY TAXES UPON PROOF OF PAYMENT; TO AMEND SECTION 56-10-45, AS AMENDED, RELATING TO SUSPENSION AND REVOCATION IN ENFORCING MANDATORY INSURANCE REQUIREMENTS, SO AS TO AUTHORIZE AGREEMENTS FOR ENFORCEMENT, TO IMPOSE AN ADDITIONAL FIFTY DOLLAR FINE FOR ITEMS RECOVERED TO BE CREDITED TO THE GENERAL FUND OF THE LOCAL JURISDICTION, AND TO TRANSFER GENERAL ENFORCEMENT AUTHORITY; TO AMEND SECTION 56-10-240, AS AMENDED, RELATING TO THE CRIMINAL AND CIVIL PENALTIES FOR FAILING TO MAINTAIN INSURANCE ON A VEHICLE, SO AS TO DELETE THE INCREASED REINSTATEMENT FEE FOR SUBSEQUENT INSURANCE LAPSES, TO LIMIT TO TEN YEARS THE PERIOD REQUIRED TO BE CONSIDERED IN DETERMINING PRIOR CONVICTIONS FOR PURPOSES OF THE CRIMINAL PENALTY, AND TO TRANSFER ENFORCEMENT AUTHORITY; TO ADD CHAPTER 11 IN TITLE 56, RELATING TO MOTOR VEHICLES, SO AS TO PROVIDE FOR THE REVISED IMPOSITION OF THE ROAD TAX ON MOTOR CARRIERS AND PROVIDE FOR THE ENFORCEMENT OF THE CHAPTER; TO AMEND SECTION 56-15-310, RELATING TO MOTOR VEHICLES AND THE REQUIREMENT OF A LICENSE, SO AS TO, AMONG OTHER THINGS, CHANGE THE LICENSING PERIOD; TO AMEND SECTION 56-15-340, RELATING TO MOTOR VEHICLE RECORDS, SO AS TO REORGANIZE THE PROVISIONS OF THE SECTION; TO AMEND SECTION 56-15-570, RELATING TO WHOLESALE MOTOR VEHICLE AUCTIONS AND THE REQUIREMENT OF A SURETY BOND, SO AS TO, AMONG OTHER THINGS, DELETE THE PROVISION THAT A NEW BOND OR A PROPER CONTINUATION CERTIFICATE MUST BE DELIVERED TO THE ADMINISTERING AGENCY ANNUALLY BEFORE RENEWAL OF LICENSE; TO AMEND SECTION 56-16-140, RELATING TO REGULATION OF MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS, AND WHOLESALERS AND THE LICENSE FOR A DEALER OR WHOLESALER, FEES, AND PENALTIES FOR NONCOMPLIANCE, SO AS TO, AMONG OTHER THINGS, RESTATE THE LICENSING PERIOD; TO AMEND SECTION 56-16-170, RELATING TO RECORDS PERTAINING TO THE TRANSFER OF MOTORCYCLES AND PENALTIES FOR FAILURE TO KEEP RECORDS OR TO MAKE THEM AVAILABLE, SO AS TO REORGANIZE THE SECTION; TO AMEND TITLE 56, RELATING TO MOTOR VEHICLES, BY ADDING CHAPTER 17 SO AS TO ENACT PROVISIONS FOR CRIMINAL PENALTIES; TO AMEND SECTION 56-19-10, AS AMENDED, RELATING TO PROTECTION OF TITLES TO AND INTERESTS IN MOTOR VEHICLES AND DEFINITIONS, SO AS TO DEFINE "MOPED"; TO AMEND SECTION 56-19-240, AS AMENDED, RELATING TO APPLICATION FOR A MOTOR VEHICLE CERTIFICATE OF TITLE, FORM, AND CONTENTS, SO AS TO, AMONG OTHER THINGS, DELETE THE PROVISION THAT A TRANSFEROR MAY COMPLETE THE ODOMETER DISCLOSURE STATEMENT ON EITHER A NOTARIZED BILL OF SALE IN AN APPROVED FORM OR ON THE PREVIOUS CERTIFICATE OF TITLE; TO AMEND SECTION 56-19-280, RELATING TO MOTOR VEHICLE CERTIFICATES OF TITLE, REFUSAL OF A CERTIFICATE, AND A VEHICLE WHICH IS REPORTED STOLEN OR CONVERTED, SO AS TO PROVIDE THAT A TITLE MAY BE ISSUED ON A VEHICLE THAT IS REPORTED STOLEN ONLY IN CASES WHERE THE SETTLEMENT TO AN INSURANCE COMPANY IS INVOLVED; TO AMEND SECTION 56-19-310, RELATING TO NUMBERING MOTOR VEHICLE CERTIFICATES ISSUED TO SUCCESSIVE OWNERS AND TWO TRANSFERS WHEN AN AUCTIONEER GIVES TITLE, SO AS TO DELETE THE PROVISION THAT TRANSFER OR SALE OF A VEHICLE THROUGH AN AUCTION SALE WHERE THE AUCTIONEER GIVES TITLE SHALL BE CONSIDERED A SALE; TO AMEND SECTION 56-19-340, RELATING TO THE MAILING OF THE MOTOR VEHICLE CERTIFICATE OF TITLE TO THE FIRST LIENHOLDER OR, IF NONE, TO THE OWNER, SO AS TO PROVIDE ALTERNATIVELY FOR THE CERTIFICATE OF TITLE TO BE GIVEN TO THE LIENHOLDER'S AUTHORIZED AGENT; TO AMEND SECTION 56-19-480, RELATING TO THE TRANSFER AND SURRENDER OF CERTIFICATES, LICENSE PLATES, REGISTRATION CARDS, AND MANUFACTURER'S SERIAL PLATES OF VEHICLES SOLD AS SALVAGE, ABANDONED, SCRAPPED, OR DESTROYED, SO AS TO, AMONG OTHER THINGS, REQUIRE A REPORT INDICATING THE TYPE AND SEVERITY OF ANY DAMAGE TO THE VEHICLE; TO AMEND SECTION 56-19-650, RELATING TO THE PROCEDURE TO BE FOLLOWED WHEN AN OWNER CREATES A SECURITY INTEREST IN A MOTOR VEHICLE, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE AND PROVISIONS AND PROVIDE FOR THE SITUATION WHERE A SUPPLEMENTAL LIEN IS CREATED BY THE OWNER; TO AMEND SECTION 56-23-10, AS AMENDED, RELATING TO THE REQUIREMENT THAT DRIVER TRAINING SCHOOLS BE LICENSED, SO AS TO DELETE UNNECESSARY LANGUAGE DEFINING "DEPARTMENT"; TO AMEND SECTION 56-25-10, AS AMENDED, RELATING TO NONRESIDENT TRAFFIC VIOLATOR COMPACTS, SO AS TO, AMONG OTHER THINGS, DELETE THE AUTHORIZATION TO PROMULGATE REGULATIONS; TO AMEND SECTION 56-25-20, RELATING TO SUSPENSION OF DRIVER'S LICENSE FOR FAILURE TO COMPLY WITH A TRAFFIC CITATION ISSUED IN SOUTH CAROLINA OR ANY JURISDICTION HAVING THE NONRESIDENT TRAFFIC VIOLATOR COMPACTS, SO AS TO, AMONG OTHER THINGS, PERMIT, RATHER THAN REQUIRE, THE SUSPENSION OF THE DRIVER'S LICENSE, AND PROVIDE FOR THE OPTION OF REFUSING TO RENEW THE LICENSE; TO AMEND SECTION 56-28-10, RELATING TO ENFORCEMENT OF MOTOR VEHICLE EXPRESS WARRANTIES AND DEFINITIONS, SO AS TO PROVIDE THAT "MOTOR VEHICLE" MEANS A PRIVATE PASSENGER MOTOR VEHICLE AND REMOVE THE PROVISION EXCLUDING TRUCKS WITH A GROSS VEHICLE WEIGHT OVER SIX THOUSAND POUNDS FROM BEING COVERED UNDER THE TERM "MOTOR VEHICLE", AND TO PROVIDE THAT A "NEW MOTOR VEHICLE" MEANS, AMONG OTHER THINGS, A PRIVATE PASSENGER VEHICLE; TO AMEND SECTION 56-29-50, AS AMENDED, RELATING TO THE "MOTOR VEHICLE CHOP SHOP, STOLEN, AND ALTERED PROPERTY ACT" AND FORFEITURE OF THE MOTOR VEHICLE, TOOLS, IMPLEMENTS, OR OTHER INSTRUMENTALITY, SO AS TO TRANSFER ADMINISTERING-AGENCY AUTHORITY FROM THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF PUBLIC SAFETY, AND TO PROVIDE FOR THE CERTIFICATION OF THE SEIZING AGENCY RATHER THAN ITS AFIDAVIT; TO AMEND SECTION 56-31-50, AS AMENDED, RELATING TO RENTAL OF PRIVATE PASSENGER AUTOMOBILES AND THE SURCHARGE ON THE RENTAL OF SUCH VEHICLES FOR THIRTY-ONE DAYS OR LESS, SO AS TO, AMONG OTHER THINGS, TRANSFER ADMINISTERING-AGENCY AUTHORITY FROM THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF PUBLIC SAFETY, PROVIDE FOR REMITTING CERTAIN EXCESS SURCHARGE REVENUES TO THE STATE TREASURER'S OFFICE, RATHER THAN THE DEPARTMENT OF REVENUE AND TAXATION, AND DELETE CERTAIN PROVISIONS; TO REPEAL CHAPTER 31 OF TITLE 12, RELATING TO THE ROAD TAX ON MOTOR CARRIERS, AND SECTIONS 12-4-400, RELATING TO THE DIVISION OF COMMERCIAL MOTOR VEHICLE SERVICES; 12-4-410, RELATING TO THE DUTIES AND POWERS OF THE DIVISION OF COMMERCIAL MOTOR VEHICLE SERVICES; 12-37-2740, RELATING TO ASSESSMENT OF PROPERTY TAXES, MOTOR VEHICLES, AND SUSPENSION OF DRIVER'S LICENSE AND REGISTRATION; 20-7-947, RELATING TO CHILD SUPPORT, SUPPORT ENFORCEMENT THROUGH VEHICLE LICENSE REVOCATION, AND INTERAGENCY AGREEMENTS; 23-6-10(3), RELATING TO THE DEPARTMENT OF PUBLIC SAFETY AND THE DEFINITION OF "DEPUTY DIRECTOR"; 23-6-200, RELATING TO THE DIVISION OF PUBLIC SAFETY OF THE DEPARTMENT OF PUBLIC SAFETY; 56-1-225(B), RELATING TO THE RE-EXAMINATION OF DRIVERS INVOLVED IN FOUR ACCIDENTS WITHIN TWENTY-FOUR MONTHS AND THE AUTHORITY TO PROMULGATE REGULATIONS; 56-1-520, RELATING TO ADMINISTRATION AND ENFORCEMENT OF ARTICLE 1 OF CHAPTER 1, TITLE 56, REGARDING DRIVER'S LICENSES; 56-1-530, RELATING TO THE PROMULGATION OF RULES AND REGULATIONS FOR THE ENFORCEMENT OF ARTICLE 1 OF CHAPTER 1, TITLE 56, REGARDING DRIVER'S LICENSES; 56-1-550, RELATING TO THE USE OF FEES COLLECTED UNDER ARTICLE 1 OF CHAPTER 1, TITLE 56, REGARDING DRIVER'S LICENSES; 56-1-560, RELATING TO THE PROVISION THAT ARTICLE 1 OF CHAPTER 1 OF TITLE 56, REGARDING DRIVER'S LICENSES, SHALL NOT BE HELD TO REPEAL ANY OTHER LAWS BUT SHALL BE HELD TO BE CUMULATIVE; 56-1-830, RELATING TO JUDICIAL REVIEW OF THE SUSPENSION OF A DRIVER'S LICENSE; 56-1-840, RELATING TO ADMINISTRATION AND ENFORCEMENT OF ARTICLE 3 OF CHAPTER 1, TITLE 56, REGARDING THE POINT SYSTEM FOR EVALUATING OPERATING RECORDS OF DRIVERS, AND PROMULGATION OF RULES AND REGULATIONS; 56-1-1120, RELATING TO THE REQUIREMENT THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL REVIEW AND CERTIFY CERTAIN DRIVER'S LICENSE RECORDS; 56-1-3390, RELATING TO PROMULGATION OF RULES AND REGULATIONS TO IMPLEMENT ARTICLE 15 OF CHAPTER 1, TITLE 56, REGARDING IDENTIFICATION CARDS; 56-3-20(21), RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING AND THE DEFINITION OF "DEPARTMENT"; 56-3-251, RELATING TO BIENNIAL LICENSE PLATES OR REVALIDATION DECALS FOR MOTOR VEHICLES; 56-3-420, RELATING TO THE GROUNDS FOR REFUSING TO LICENSE AND REGISTER AN AUTOMOBILE UTILITY TRAILER; 56-3-880, RELATING TO THE PROMULGATION OF RULES AND REGULATIONS AS TO UNCERTIFIED CHECKS TENDERED FOR MOTOR VEHICLE LICENSE FEES; 56-3-1010(3), RELATING TO CORPORATE-OWNED FLEET MOTOR VEHICLES AND THE DEFINITION OF "DEPARTMENT"; 56-3-1950(1), RELATING TO FREE PARKING FOR HANDICAPPED PERSONS AND THE DEFINITION OF "DEPARTMENT"; 56-3-2410, RELATING TO PROVISIONS REGARDING ADMINISTERING AND ENFORCING CHAPTER 3, TITLE 56, AS TO REGISTRATION AND LICENSING OF MOTOR VEHICLES AND RULES AND REGULATIONS; 56-3-2500, RELATING TO RULES AND REGULATIONS GOVERNING CHANGE OR SUBSTITUTION OF MOTOR VEHICLE ENGINES; 56-3-2670, RELATING TO PROMULGATION OF REGULATIONS NECESSARY TO IMPLEMENT ARTICLE 29 OF CHAPTER 3, TITLE 56, REGARDING CERTAIN TEMPORARY LICENSE PLATES; 56-3-2750, RELATING TO PROMULGATION OF REGULATIONS NECESSARY TO IMPLEMENT ARTICLE 30 OF CHAPTER 3, TITLE 56, REGARDING TEMPORARY LICENSE PLATES AND CERTIFICATES OF REGISTRATION OF MOTOR VEHICLES USED ONLY FOR CORPORATE RESEARCH AND DEVELOPMENT; 56-5-370, RELATING TO TRAFFIC REGULATION, GOVERNMENTAL AGENCIES, PEDESTRIANS, POLICE OFFICERS, AND OTHER PERSONS AND THE DEFINITION OF "DEPARTMENT"; 56-5-2960, RELATING TO TRAFFIC REGULATION AND THE PROVISION THAT PLEAS OF GUILTY OR NOLO CONTENDERE OR FORFEITURE OF BAIL ARE THE SAME AS A CONVICTION; 56-5-5015(L), RELATING TO PROMULGATION OF REGULATIONS PRESCRIBING ENFORCEMENT OF THE PROCEDURE AND MECHANISM FOR TESTING LIGHT TRANSMITTANCE IN VEHICLE GLASS; 56-5-5610, RELATING TO DEFINITIONS UNDER THE LAWS ON DISPOSITION OF ABANDONED MOTOR VEHICLES ON THE HIGHWAYS; 56-5-5680, RELATING TO PENALTIES UNDER THE LAWS ON DISPOSITION OF ABANDONED MOTOR VEHICLES ON THE HIGHWAYS; 56-5-5830, RELATING TO DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF REVENUE AND TAXATION, AND THE REQUIREMENT THAT COUNTY AND MUNICIPAL OFFICERS COOPERATE WITH THE DIRECTOR, REGARDING DISPOSITION OF ABANDONED OR DERELICT MOTOR VEHICLES ON PUBLIC OR PRIVATE PROPERTY; 56-5-5860, RELATING TO THE REQUIREMENT THAT TITLES SHALL VEST IN THE STATE OF WOUTH CAROLINA WITH RESPECT TO THE DISPOSITION OF ABANDONED OR DERELICT MOTOR VEHICLES ON PUBLIC OR PRIVATE PROPERTY; 56-5-5930, RELATING TO IMPLEMENTATION OF THE PROVISIONS OF ARTICLE 41 OF CHAPTER 5, TITLE 56, REGARDING DISPOSITION OF ABANDONED OR DERELICT MOTOR VEHICLES ON PUBLIC OR PRIVATE PROPERTY; 56-5-6180, RELATING TO PROMULGATION OF RULES AND REGULATIONS FOR THE ADMINISTRATION OF ARTICLE 43 OF CHAPTER 5, TITLE 56, REGARDING TRAFFIC VIOLATIONS PROCEDURE; 56-9-20(1), RELATING TO THE DEFINITION OF "CONVICTION" UNDER THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT; 56-9-20(2), RELATING TO THE DEFINITION OF "DEPARTMENT" UNDER THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT; 56-9-310, RELATING TO THE ADMINISTRATION OF CHAPTER 9, TITLE 56, REGARDING THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, AND TO THE HEARINGS AND THE PROMULGATION OF RULES AND REGULATIONS THEREUNDER; 56-10-210(3), RELATING TO THE DEFINITION OF "DEPARTMENT" UNDER THE LAWS REGARDING INSURANCE REQUIREMENTS RELATING TO MOTOR VEHICLE REGISTRATION; 56-10-290, RELATING TO ENFORCEMENT OF THE PROVISIONS OF ARTICLE 3 OF CHAPTER 10, TITLE 56, REGARDING INSURANCE REQUIREMENTS AS TO MOTOR VEHICLE REGISTRATION; 56-10-300, RELATING TO THE POWER TO PRESCRIBE, ADOPT, PROMULGATE, RESCIND, AND ENFORCE REGULATIONS WITH RESPECT TO ARTICLE 3 OF CHAPTER 10, TITLE 56, REGARDING INSURANCE REQUIREMENTS RELATING TO MOTOR VEHICLE REGISTRATION; 56-15-10(R), RELATING TO THE DEFINITION OF "DEPARTMENT" UNDER THE LAWS ON MOTOR VEHICLES AND THE REGULATION OF MANUFACTURERS, DISTRIBUTORS, AND DEALERS; 56-15-360, RELATING TO THE PROMULGATION OF REGULATIONS NECESSARY FOR THE ENFORCEMENT OF CHAPTER 15, TITLE 56, REGARDING REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS; 56-16-10(R), RELATING TO THE DEFINITION OF "DEPARTMENT" UNDER THE LAWS REGARDING THE REGULATION OF MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS, AND WHOLESALERS; 56-16-190, RELATING TO AUTHORITY TO PROMULGATE REGULATIONS NECESSARY FOR THE ENFORCEMENT OF CHAPTER 16, TITLE 56, REGARDING REGULATION OF MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS, AND WHOLESALERS; 56-19-10(5), RELATING TO THE DEFINITION OF "DEPARTMENT" UNDER THE LAWS REGARDING PROTECTION OF TITLES TO AND INTERESTS IN MOTOR VEHICLES; 56-19-30, RELATING TO ADOPTION AND ENFORCEMENT OF RULES AND REGULATIONS NECESSARY TO CARRY OUT THE PROVISIONS OF CHAPTER 19, TITLE 56, REGARDING PROTECTION OF TITLES TO AND INTERESTS IN MOTOR VEHICLES, AND RELATING TO ADOPTION AND ENFORCEMENT OF RULES AND REGULATIONS NECESSARY TO CARRY OUT THE PROVISIONS OF CHAPTER 21, TITLE 16, REGARDING OFFENSES INVOLVING MOTOR VEHICLE TITLES; 56-27-10(C), RELATING TO THE DEFINITION OF "DEPARTMENT" UNDER THE LAWS ON PROFESSIONAL HOUSEMOVING; 38-73-456, RELATING TO THE PROVISION THAT AN INCREASE IN AUTOMOBILE INSURANCE PREMIUMS, OR ADDITIONAL SURCHARGES, FOR A DRIVING VIOLATION IS PROHIBITED UNTIL A CONVICTION OCCURS; AND 38-77-175, RELATING TO VERIFICATION OF AUTOMOBILE INSURANCE COVERAGE UPON THE ISSUANCE OF A TRAFFIC TICKET, FORM, AND PENALTY; AND TO PROVIDE THAT, WITH RESPECT TO THE REPEAL OF ITEMS OR SUBSECTIONS OF PROVISIONS OF LAW IN THIS ACT, THE CODE COMMISSIONER SHALL RENUMBER, OR RELETTER, ALL REMAINING ITEMS OR SUBSECTIONS AS NECESSARY TO CONFORM TO THE REPEALER.

(R460) S. 1213 -- Senator Holland: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE II, SECTION 4 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO DELETE THE REQUIREMENT THAT A CITIZEN OF THE UNITED STATES AND OF THIS STATE IS ENTITLED TO VOTE ONLY IN THE PRECINCT OF HIS RESIDENCE AND THAT ANY REGISTERED ELECTOR WHO HAS MOVED HIS PLACE OF RESIDENCE DURING THE THIRTY DAYS IMMEDIATELY PRIOR TO THE DATE OF AN ELECTION IS ENTITLED TO VOTE IN HIS PREVIOUS PRECINCT OF RESIDENCE.

(R461) S. 1260 -- Senators Leventis, McGill, Moore, Richter, McConnell, Gregory, Russell, Jackson, Greg Smith, Passailaigue, Courson, Land and Thomas: AN ACT TO AMEND SECTION 47-3-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOGS AND OTHER DOMESTIC ANIMALS, REGULATION BY COUNTIES, AND THE TRANSFER OF A DOMESTIC ANIMAL TO AN ANIMAL SHELTER TEN DAYS AFTER THE DATE THE OWNER WAS TO PICK UP THE ANIMAL, SO AS TO PROVIDE THAT THE ANIMAL MAY BE TRANSFERRED ONLY IF THE WRITTEN CONTRACT OR AGREEMENT PROVIDES FOR THE TRANSFER AND IF AN ATTEMPT IS MADE TO NOTIFY THE OWNER BY REGULAR MAIL, AND ALSO BY CERTIFIED MAIL, AT THE OWNER'S LAST KNOWN ADDRESS ON THE DATE THE OWNER FAILED TO PICK UP THE ANIMAL AS AGREED, TO REFERENCE THE BOARDING OF ANIMALS OF OTHERS PURSUANT TO SUBSECTION (A) OF THIS SECTION, AND TO PROVIDE THAT A PERSON WHO FAILS TO PICK UP AN ANIMAL AS PROVIDED FOR IN SUBSECTION (A) OF THIS SECTION, WHO FAILS TO PAY HIS BOARDING FEES IN A TIMELY MANNER, OR WHO ABANDONS AN ANIMAL AT AN ANIMAL HOSPITAL, A DOG KENNEL, A CAT KENNEL, ANOTHER ANIMAL CARE FACILITY, OR BOARDING FACILITY IS GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, MAY BE IMPRISONED NOT MORE THAN THIRTY DAYS OR FINED NOT MORE THAN TWO HUNDRED DOLLARS.

(R462) S. 1293 -- Senators Thomas, Giese, Courson, Fair, Hayes, Jackson, Passailaigue, Russell and Wilson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1535 SO AS TO PROVIDE THAT LAW ENFORCEMENT AGENCIES SHALL PROVIDE A CRIME VICTIM A COPY OF THE CRIME INCIDENT REPORT RELATING TO HIS CASE AND CERTAIN OTHER INFORMATION; TO AMEND SECTION 17-25-322, AS AMENDED, RELATING TO THE PAYMENT OF RESTITUTION TO A CRIME VICTIM BY A PERSON CONVICTED OF A CRIME, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL HAS THE RIGHT TO BE PRESENT AND HEARD AT A RESTITUTION HEARING, TO PROVIDE THAT A MONTHLY PAYMENT SCHEDULE SHALL BE IMPOSED SO THAT RESTITUTION MAY BE COLLECTED, TO PROVIDE FOR THE DISTRIBUTION OF UNCLAIMED RESTITUTION FUND, AND THAT AN OFFENDER MAY NOT BE GRANTED A PARDON UNTIL CERTAIN REQUIREMENTS OF THE RESTITUTION ORDER HAVE BEEN FULFILLED; TO AMEND SECTION 17-25-323, AS AMENDED, RELATING TO THE ENFORCEMENT AND EXECUTION OF A JUDGMENT IN A CRIMINAL CASE, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL MAY MAKE A MOTION TO HOLD A HEARING TO REQUIRE A DEFENDANT TO SHOW CAUSE WHY HIS DEFAULT OF COURT-ORDERED PAYMENTS SHOULD NOT BE TREATED AS A CIVIL JUDGMENT AND A JUDGMENT LIEN ATTACHED; TO AMEND SECTION 17-25-326, AS AMENDED, RELATING TO THE ALTERATION, MODIFICATION, OR RESCISSION OF CERTAIN JUDGMENTS AND EXECUTIONS, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL MAY FILE A PETITION TO ALTER, MODIFY, OR RESCIND CERTAIN ORDERS; BY ADDING SECTION 24-21-490 SO AS TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF RESTITUTION FROM PERSONS UNDER PROBATIONARY AND INTENSIVE PROBATIONARY SUPERVISION; TO AMEND SECTION 16-3-1110, AS AMENDED, RELATING TO DEFINITIONS RELATING TO THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE A DEFINITION OF "RESTITUTION"; BY ADDING SECTION 17-25-324 SO AS TO PROVIDE FOR THE PAYMENT OF RESTITUTION TO CERTAIN SECONDARY VICTIMS AND THIRD-PARTY PAYEES, TO REQUIRE THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES TO PREPARE AND PROVIDE A REPORT CONTAINING RECOMMENDATIONS FOR COLLECTION AND DISTRIBUTION OF RESTITUTION AND ISSUES RELATING TO INDIGENT OFFENDERS AND THE USE OF CIVIL REMEDIES, AND TO PROVIDE THAT A MINIMUM NUMBER OF RESTITUTION BEDS MUST BE MAINTAINED.

(R463) S. 1335 -- Senator Drummond: AN ACT TO AMEND CHAPTER 9, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY MEASURES, BY ADDING ARTICLE 5 ENACTING THE SOUTHERN REGIONAL EMERGENCY MANAGEMENT ASSISTANCE COMPACT IN ORDER TO PROVIDE FOR MUTUAL ASSISTANCE BETWEEN THE MEMBER STATES IN MANAGING EMERGENCIES OR DISASTERS DULY DECLARED BY THE GOVERNOR OF THE AFFECTED STATE AND MUTUAL COOPERATION IN EMERGENCY-RELATED EXERCISES AND TRAINING ACTIVITIES.

(R464) S. 1366 -- Senator Holland: AN ACT TO AMEND SECTION 58-23-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING CERTAIN MOTOR VEHICLE CARRIER LAWS, SO AS TO PROVIDE THAT CORPORATE OFFICERS, AGENTS, OR EMPLOYEES OR OTHER PERSONS OPERATING AS A PASSENGER CARRIER WHO VIOLATE OR WHO AID AND ABET IN THE VIOLATION OF CERTIFICATION AND REGISTRATION REQUIREMENTS ARE GUILTY OF A MISDEMEANOR AND ARE SUBJECT TO SPECIFIED PENALTIES FOR VIOLATION, AND TO PROVIDE THAT CORPORATE OFFICERS, AGENTS, OR EMPLOYEES OR OTHER PERSONS OPERATING AS A CARRIER OF HOUSEHOLD GOODS OR AS A CARRIER OF HAZARDOUS WASTE FOR DISPOSAL WHO VIOLATE OR WHO AID AND ABET IN THE VIOLATION OF CERTIFICATION AND REGISTRATION REQUIREMENTS ARE GUILTY OF A MISDEMEANOR AND ARE SUBJECT TO OTHER SPECIFIED PENALTIES FOR VIOLATION; AND TO REPEAL SECTION 15-9-340 OF THE 1976 CODE RELATING TO SERVICE OF PROCESS ON MOTOR VEHICLE CARRIERS.

(R465) S. 1416 -- Senator Gregory: AN ACT TO AMEND SECTION 7-7-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LANCASTER COUNTY, SO AS TO REDESIGNATE THE PRECINCTS AND ADD AN OFFICIAL DOCUMENT DESIGNATION WHICH IS MAINTAINED AND KEPT ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD, AND TO AUTHORIZE THE POLLING PLACES FOR THE PRECINCTS IN LANCASTER COUNTY BE ESTABLISHED BY THE COUNTY BOARD OF ELECTIONS AND VOTER REGISTRATION SUBJECT TO THE APPROVAL BY A MAJORITY OF THE LANCASTER COUNTY LEGISLATIVE DELEGATION.

(R466) H. 3141 -- Reps. Neilson, Inabinett, Hines, Lloyd and T. Brown: AN ACT TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION AND BENEFITS FOR THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, SO AS TO PROVIDE FOR REIMBURSEMENT FOR EXPENSES ACTUALLY INCURRED SUBJECT TO THE LIMITS IMPOSED FOR MEMBERS OF STATE BOARDS, COMMITTEES, AND COMMISSIONS, AND TO ALLOW THE DISTRICT TO SET THE AMOUNT OF PER DIEM.

(R467) H. 3182 -- Reps. L. Whipper, Breeland, J. Brown, Davenport, Harvin, Inabinett, Kirsh, Lloyd and Vaughn: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-43-720 SO AS TO REQUIRE INFORMED CONSENT FOR CERTAIN AUTOPSIES AND POST MORTEM EXAMINATIONS AND TO LIMIT THE USE OF REMOVED BODY PARTS FOR THE DETERMINATION OF THE CAUSE OF DEATH UNLESS INFORMED CONSENT IS OBTAINED AND TO PROVIDE FOR THE MANNER AND FORM OF INFORMED CONSENT; TO AMEND SECTION 17-5-260, RELATING TO NOTIFICATION TO THE MEDICAL EXAMINER ON CERTAIN DEATHS AND FINDINGS OF THE MEDICAL EXAMINER, SO AS TO REQUIRE NOTICE TO NEXT-OF-KIN THAT BODY PARTS MAY BE REMOVED AND RETAINED AS PART OF THE INVESTIGATION OF THE DEATH AND TO LIMIT THE USE OF REMOVED BODY PARTS TO THE INVESTIGATION UNLESS INFORMED CONSENT IS OBTAINED AND TO PROVIDE FOR THE MANNER AND FORM OF INFORMED CONSENT.

(R468) H. 3269 -- Reps. Richardson, P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Kelley, Rhoad and Shissias: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-69-77 SO AS TO ALLOW A LICENSED CONTINUING CARE RETIREMENT COMMUNITY THAT OPERATES A HOME HEALTH AGENCY AND A NURSING HOME TO SHARE CERTAIN SERVICES BETWEEN THE HOME HEALTH AGENCY AND THE NURSING HOME; AND TO AMEND SECTION 44-69-75, RELATING TO REQUIRING A HOME HEALTH AGENCY TO OBTAIN A CERTIFICATE OF NEED BEFORE BEING LICENSED, SO AS TO EXEMPT CONTINUING CARE RETIREMENT COMMUNITIES FROM OBTAINING A CERTIFICATE OF NEED TO PROVIDE HOME HEALTH SERVICES TO ITS RESIDENTS IF CERTAIN CONDITIONS ARE MET.

(R469) H. 3447 -- Rep. Sharpe: AN ACT TO AMEND SECTIONS 47-3-730 AND 47-3-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRAINT OF DANGEROUS ANIMALS AND PENALTIES, SO AS TO REVISE THE REQUIREMENTS OF RESTRAINT, TO AUTHORIZE THE USE OF A SECURITY BOND IN THE REGISTRATION OF DANGEROUS ANIMALS, AND TO EXPAND OFFENSES TO WHICH PENALTIES APPLY; AND TO AMEND SECTION 47-3-750, AS AMENDED, RELATING TO SEIZURE AND IMPOUNDMENT OF DANGEROUS ANIMALS, SO AS TO AUTHORIZE VARIOUS ANIMAL CONTROL OFFICERS TO SEIZE AND IMPOUND SUCH ANIMALS.

(R470) H. 3566 -- Reps. Harrison, Cobb-Hunter, Shissias, Quinn, Govan, Martin, Wright, Thomas, Kinon, Haskins, Allison, Neal and Limbaugh: AN ACT TO AMEND CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 30 SO AS TO ENACT THE JUVENILE JUSTICE CODE BY CONSOLIDATING INTO ONE ARTICLE ALL PROVISIONS OF LAW IN VARIOUS PARTS OF CHAPTER 7, TITLE 20, RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE AND RELATING TO DELINQUENCY PROCEEDINGS AND PROCEDURES AND TO FURTHER PROVIDE FOR THE DETENTION, FINGERPRINTING, TRANSFER, DISPOSITION, COMMITMENT, AND EDUCATION OF JUVENILES; TO REPEAL SECTIONS 20-7-112, 20-7-330, 20-7-340, 20-7-350, 20-7-360, 20-7-370, 20-7-380, 20-7-390, 20-7-430, 20-7-600, 20-7-605, 20-7-620, 20-7-630, 20-7-740, 20-7-770, 20-7-780, 20-7-1330, 20-7-1333, 20-7-1340, 20-7-2080, 20-7-2095, 20-7-2105, 20-7-2115, 20-7-2125, 20-7-2135, 20-7-2145, 20-7-2155, 20-7-2170, 20-7-2175, 20-7-2180, 20-7-2185, 20-7-2190, 20-7-2195, 20-7-2200, 20-7-2203, 20-7-2205, 20-7-2210, 20-7-3100, 20-7-3110, 20-7-3120, 20-7-3130, 20-7-3170, 20-7-3180, 20-7-3190, 20-7-3200, 20-7-3210, 20-7-3220, 20-7-3230, 20-7-3235, 20-7-3240, 20-7-3260, 20-7-3270, 20-7-3280, 20-7-3290, 20-7-3300, 20-7-3310, 20-7-3320, 20-7-3330, 20-7-3340, 20-7-3350, 20-7-3360, 20-7-3370, 20-7-3380, AND 20-7-4000, ALL RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE AND DELINQUENCY PROCEEDINGS AND PROCEDURES IN CHAPTER 7, TITLE 20 WHICH ARE CONSOLIDATED INTO ARTICLE 30 AS PROVIDED ABOVE.

(R471) H. 3624 -- Rep. Sharpe: AN ACT TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 57 SO AS TO ENACT THE SOUTH CAROLINA ENVIRONMENTAL AUDIT PRIVILEGE AND VOLUNTARY DISCLOSURE ACT OF 1996 SO AS TO DEFINE ENVIRONMENTAL AUDITS AND AUDIT REPORTS AND TO CREATE A PRIVILEGE WITH REGARD TO CONTENTS OF THESE REPORTS AND TO PROVIDE EXCEPTIONS.

(R472) H. 3663 -- Rep. Kirsh: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2345 SO AS TO CREATE AN ANTIQUE MOTOR VEHICLE DEALER LICENSE PLATE.

(R473) H. 3740 -- Rep. Davenport: AN ACT TO AMEND SECTION 46-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE MIGRANT FARM WORKERS COMMISSION, SO AS TO REVISE THE NAME AND TO ADD A MEMBER; TO AMEND SECTION 46-43-40, RELATING TO THE COOPERATION OF STATE AGENCIES AND DEPARTMENTS WITH THE COMMISSION, SO AS TO REVISE REPORTING REQUIREMENTS AND TO REQUIRE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO PROVIDE A PRE-OCCUPANCY HOUSING INSPECTION PROGRAM AND TO PROVIDE CONDITIONS AND IMMUNITY; AND TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO EXCEPTIONS TO WAIVER OF IMMUNITY UNDER THE TORT CLAIMS ACT, SO AS TO INCLUDE THE PRE-OCCUPANCY HOUSING INSPECTION PROGRAM.

(R474) H. 3785 -- Reps. Sharpe, Knotts, Hutson, Limehouse, Littlejohn, A. Young, Whatley, Fleming, Bailey, Fair, Easterday, Allison, Meacham, Walker, Moody-Lawrence, R. Smith, Neal, Tripp, Neilson, Stille, Davenport, Witherspoon, Hines, Vaughn, Rice, Cato, Haskins, Sandifer, Shissias, Mason, Riser, J. Brown, Wright, Wofford, Richardson, J. Harris, Dantzler and Harrison: AN ACT TO AMEND CHAPTER 30, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MASSEURS AND MASSEUSES, TO ENACT THE MASSAGE/BODYWORK PRACTICE ACT SO AS TO ESTABLISH LICENSURE AND REGULATION BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO PROVIDE LICENSE RENEWAL REQUIREMENTS FOR MASSAGE/BODYWORK THERAPISTS; TO DEFINE ACTS OF MISCONDUCT AND TO PROVIDE DISCIPLINARY ACTION AND PROCEDURES FOR MISCONDUCT, AND TO PROVIDE PENALTIES.

(R475) H. 3879 -- Rep. Witherspoon: AN ACT TO AMEND SECTION 50-3-315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPUTY ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REVISE THEIR AUTHORITY, POWERS, AND REQUIREMENTS; AND TO REQUIRE THE DEPARTMENT TO ESTABLISH A TRAINING PROGRAM FOR CERTAIN DEPUTY ENFORCEMENT OFFICERS.

(R476) H. 3905 -- Reps. Wright, Quinn and Riser: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-45 SO AS TO PROVIDE A PROCEDURE FOR REIMBURSING A SCHOOL DISTRICT FOR COSTS TO THE DISTRICT OF EDUCATING A CHILD NOT A RESIDENT OF THE SCHOOL DISTRICT HE ATTENDS AND PROVIDE THAT ANY NONRESIDENT STUDENT OF A DISTRICT ENROLLED NO LATER THAN SEPTEMBER 9, 1996, IS NOT REQUIRED TO MEET CERTAIN CONDITIONS OF THIS SECTION.

(R477) H. 3915 -- Education and Public Works Committee: AN ACT TO AMEND CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, BY ADDING ARTICLE 25 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA (MUSC) TO ENTER INTO LEASE, SALE, AND OTHER AGREEMENTS TO TRANSFER THE MANAGEMENT AND OPERATIONS OF THE MEDICAL UNIVERSITY HOSPITAL INCLUDING ITS LAND, FACILITIES, AND ASSETS TO ONE OR MORE PRIVATE OPERATORS UNDER CERTAIN TERMS AND CONDITIONS, TO DESCRIBE THE LAND, FACILITIES, AND ASSETS WHICH ARE THE SUBJECT OF THESE AGREEMENTS, AND TO PROVIDE THAT UNIVERSITY MEDICAL ASSOCIATES (UMA) IS A PUBLIC BODY FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT; TO REQUIRE THE PRIVATE OPERATOR, THE COLUMBIA/HCA HEALTHCARE CORPORATION (HCA), UPON APPROVAL OF THE SALE OR LEASE OF MUSC'S FACILITIES AND ASSETS, TO CREATE AN EMPLOYEE GRIEVANCE COMMITTEE FOR REVIEW OF ALL EMPLOYEE DISCIPLINARY ACTIONS AND TERMINATIONS BY HCA, AND TO PROVIDE THAT THE FINAL DECISION IN ANY GRIEVANCE INVOLVING A FORMER MUSC EMPLOYEE RESTS WITH THE BOARD OF DIRECTORS OF MUSC AND THAT THE FINAL DECISION IN GRIEVANCES INVOLVING HCA EMPLOYEES RESTS WITH THE OFFICIAL DESIGNATED BY HCA; TO REQUIRE THE BUDGET AND CONTROL BOARD TO CONSULT WITH THE SOUTH CAROLINA COMMISSION ON HIGHER EDUCATION BEFORE AUTHORIZING THESE TRANSACTIONS; TO PROHIBIT A CURRENT EMPLOYEE OF MUSC OR UMA FROM PERSONALLY PROFITING FROM ANY TRANSACTION AUTHORIZED HEREBY IF THAT PERSON PLAYED A SUBSTANTIAL ROLE IN THE NEGOTIATION PROCESS AND TO DEFINE THE TERM "SUBSTANTIAL ROLE" FOR THIS PURPOSE, TO PROVIDE THAT NO CONDITION OF ANY LEASE OR AGREEMENT SHALL RESTRICT MUSC EMPLOYEES TO SHARED PARTICIPATION WITH ONE COMPANY'S HEALTH CARE THIRD PARTY PROVIDERS, TO PROVIDE THAT AT THE TIME OF DEFAULT BY HCA OR AT THE END OF THE LEASE, MUSC SHALL NOT BE REQUIRED TO PURCHASE THE MEDICAL CENTER AS A GOING CONCERN BUT RATHER AT THE APPRAISED VALUE OF THE TANGIBLE ASSETS OWNED BY THE LESSEE AS PERSONAL PROPERTY INVENTORY; TO REQUIRE THE CONSENT OF THE MUSC BOARD OF TRUSTEES FOR ANY DISCONTINUATION OR TRANSFER OF ANY INPATIENT CLINICAL SERVICE OFFERED AT THE MEDICAL CENTER; TO PROVIDE THAT UMA AGREEMENTS WITH ITS SERVANTS, AGENTS, SUBSIDIARIES, AND PARTNERS ARE SUBJECT TO REVIEW AND APPROVAL BY THE MUSC BOARD OF TRUSTEES AND MAY NOT CONFLICT WITH THE TERMS AND CONDITIONS OF THE TRANSACTIONS AUTHORIZED HEREBY; TO REQUIRE MEMBERS OF THE GENERAL ASSEMBLY TO PAY CO-PAYMENTS OR DEDUCTIBLES FOR SERVICES RECEIVED AT A HOSPITAL FACILITY IN THIS STATE WHETHER OR NOT THE SERVICES ARE PROVIDED BY THE MUSC HOSPITAL; TO REQUIRE MUSC, UPON APPROVAL OF THESE TRANSACTIONS, TO MAINTAIN THE CURRENT LEVEL OF SERVICES OFFERED TO INDIGENT PATIENTS AT CHARLESTON MEMORIAL HOSPITAL UNLESS THE MUSC BOARD APPROVES OTHERWISE; AND TO REQUIRE ANY FINANCIAL OBLIGATIONS UNDER AGREEMENTS ENTERED INTO BY A SUBSIDIARY CORPORATION TO BE UNCONDITIONALLY GUARANTEED BY THE PARENT CORPORATION OF THE PURCHASER OR TENANT.

(R478) H. 3961 -- Reps. Wilkins, Harrison, D. Smith, Huff, Cromer, Fulmer, Wells, Meacham, Cotty, Witherspoon, Wright, Tripp, H. Brown, Sharpe, Sandifer, Cain, Fair, Rice, Fleming, Mason, A. Young, Kelley, Herdklotz, Seithel, Riser, Haskins, Simrill, Keegan, Trotter, Hutson, R. Smith, Marchbanks, Harrell, Stuart, Klauber, Waldrop and Davenport: AN ACT TO AMEND CHAPTER 19, AS AMENDED, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR THE MANNER IN WHICH JUSTICES AND JUDGES OF THE COURTS OF THIS STATE, INCLUDING ADMINISTRATIVE LAW JUDGES, WHO ARE ELECTED BY THE GENERAL ASSEMBLY SHALL BE SELECTED INCLUDING THE ESTABLISHMENT OF A JUDICIAL MERIT SELECTION COMMISSION, TO ESTABLISH THE MEMBERSHIP, POWERS, DUTIES, FUNCTIONS, AND PROCEDURES OF THE COMMISSION, TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL NOT ELECT A PERSON TO THESE JUDICIAL OFFICES WHO HAS NOT BEEN NOMINATED BY THE COMMISSION, TO PROVIDE THAT NO MEMBER OF THE GENERAL ASSEMBLY OR THE COMMISSION MAY BE ELECTED TO THESE JUDICIAL OFFICES WHILE HE IS SERVING IN THE GENERAL ASSEMBLY OR ON THE COMMISSION AND FOR A CERTAIN PERIOD THEREAFTER, TO RESTRICT OR REGULATE CERTAIN ACTIVITIES OF MEMBERS, FORMER MEMBERS, AND OTHERS IN REGARD TO JUDICIAL ELECTIONS, INCLUDING A PROHIBITION AGAINST TRADING VOTE PLEDGES AND TO PROVIDE PENALTIES FOR VIOLATION, TO PROVIDE THAT THE COMMISSION SHALL ESTABLISH PROCEDURES TO REVIEW THE QUALIFICATIONS OF RETIRED JUSTICES AND JUDGES FOR CONTINUED JUDICIAL SERVICE AFTER RETIREMENT, TO PROVIDE THAT THE COMMISSION SHALL ESTABLISH PROCEDURES TO REVIEW THE QUALIFICATIONS OF MASTERS-IN-EQUITY APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, AND TO PROVIDE THAT IF A NOMINEE IS FOUND NOT QUALIFIED, THE GOVERNOR SHALL SUBMIT ANOTHER NOMINEE; TO AMEND TITLE 2 OF THE 1976 CODE, RELATING TO THE ADMINISTRATION OF GOVERNMENT AND THE GENERAL ASSEMBLY, BY ADDING CHAPTER 20 SO AS TO PROVIDE FOR SCREENING PROCEDURES AND CERTAIN OTHER ELECTION PROCEDURES FOR NONJUDICIAL OFFICES FILLED BY ELECTION OF THE GENERAL ASSEMBLY; TO AMEND SECTION 20-7-1370, AS AMENDED, RELATING TO QUALIFICATIONS OF FAMILY COURT JUDGES, SO AS TO REVISE THE AGE QUALIFICATIONS, THE TIME THEY MUST HAVE BEEN A LICENSED ATTORNEY AT LAW, AND TO PROVIDE FOR THE MANNER IN WHICH THESE PROVISIONS SHALL APPLY WITH REGARD TO CURRENT FAMILY COURT JUDGES; TO AMEND SECTION 14-1-215, AS AMENDED, RELATING TO RETIRED JUSTICES OR JUDGES BEING ASSIGNED BY THE CHIEF JUSTICE TO SERVE IN SPECIFIED COURTS, SO AS TO PROVIDE THAT THESE RETIRED JUSTICES OR JUDGES MUST HAVE BEEN REVIEWED BY THE JUDICIAL MERIT SELECTION COMMISSION AND FOUND QUALIFIED TO SERVE WITH CERTAIN EXCEPTIONS; TO AMEND SECTION 14-11-20, AS AMENDED, RELATING TO THE APPOINTMENT OF MASTERS-IN-EQUITY BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, SO AS TO REVISE THE AGE QUALIFICATIONS OF MASTERS-IN-EQUITY, THE TIME THEY MUST HAVE BEEN A LICENSED ATTORNEY AT LAW, AND REQUIRE THEM TO BE FOUND QUALIFIED BY THE COMMISSION, TO PROVIDE FOR TRANSITION PROVISIONS IN REGARD TO THE ABOVE INCLUDING THE IMMEDIATE DEVOLVEMENT OF THE RESPONSIBILITIES OF THE JOINT COMMITTEE TO REVIEW JUDICIAL CANDIDATES UPON THE COMMISSION, TO PROVIDE THAT THE REVISIONS TO CHAPTER 19, TITLE 2, THE ADDITION OF CHAPTER 20, TITLE 2, AND THE ESTABLISHMENT OF THE JUDICIAL MERIT SELECTION COMMISSION ARE CONTINGENT UPON THE RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE AUTHORIZING THE ESTABLISHMENT OF THE COMMISSION TO ASSIST THE GENERAL ASSEMBLY IN THE ELECTION OF SUPREME COURT JUSTICES, JUDGES OF THE COURT OF APPEALS AND CIRCUIT COURT, AND JUDGES OF OTHER COURTS OF THIS STATE WHO ARE ELECTED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT THE AMENDMENTS TO SECTION 20-7-1370, RELATING TO THE QUALIFICATIONS OF FAMILY COURT JUDGES ARE CONTINGENT UPON RATIFICATION OF AN AMENDMENT TO SECTION 15, ARTICLE V OF THE CONSTITUTION OF THIS STATE PROVIDING FOR A THIRTY-TWO YEAR-OLD AGE REQUIREMENT AND AN EIGHT-YEAR REQUIREMENT AS A LICENSED ATTORNEY AT LAW FOR SUPREME COURT JUSTICES AND JUDGES OF THE COURT OF APPEALS AND THE CIRCUIT COURT.

(R479) H. 3962 -- Reps. Wilkins, Harrison, D. Smith, Huff, Wells, Witherspoon, H. Brown, Sharpe, Meacham, Fulmer, Fleming, Mason, Wright, A. Young, Keegan, Cain, Tripp, Rice, Riser, Herdklotz, Seithel, Kelley, Trotter, Haskins, Simrill, Hutson, Wofford, Marchbanks, Cotty, Fair, R. Smith, Harrell, Stuart, Klauber, Walker and Sandifer: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE V, OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS FOR JUSTICES OF THE SUPREME COURT AND JUDGES OF THE COURT OF APPEALS AND THE CIRCUIT COURT, SO AS TO INCREASE FROM TWENTY-SIX TO THIRTY-TWO THE AGE REQUIREMENT FOR ELECTION TO THESE OFFICES, TO INCREASE FROM FIVE TO EIGHT THE NUMBER OF YEARS WHICH A PERSON MUST HAVE BEEN A LICENSED ATTORNEY AT LAW IN ORDER TO BE ELIGIBLE FOR ELECTION TO THESE OFFICES, AND TO PROVIDE THAT ANY JUSTICE OR JUDGE SERVING IN OFFICE ON THE EFFECTIVE DATE OF THE PROVISIONS OF THIS SECTION REQUIRING A JUSTICE OR JUDGE TO BE THIRTY-TWO YEARS OF AGE AND TO HAVE EIGHT YEARS OF SERVICE AS A LICENSED ATTORNEY AT LAW WHO IS NOT OF THAT AGE OR WHO HAS NOT BEEN LICENSED FOR THIS REQUIRED PERIOD OF TIME MAY CONTINUE TO SERVE FOR THE REMAINDER OF HIS THEN CURRENT TERM AND IS CONSIDERED TO HAVE THE REQUISITE AGE AND YEARS OF SERVICE AS A LICENSED ATTORNEY FOR PURPOSES OF FUTURE RE-ELECTIONS TO THAT JUDICIAL OFFICE, AND PROPOSING AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION, RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL ESTABLISH A JUDICIAL MERIT SELECTION COMMISSION TO CONSIDER THE QUALIFICATIONS AND FITNESS OF CANDIDATES FOR JUDICIAL POSITIONS ON THE COURTS OF THIS STATE WHICH ARE FILLED BY ELECTION OF THE GENERAL ASSEMBLY, TO PROVIDE THAT NO PERSON MAY BE ELECTED TO THESE JUDICIAL POSITIONS UNLESS HE OR SHE HAS BEEN FOUND QUALIFIED BY THE COMMISSION AND THAT THE GENERAL ASSEMBLY MUST ELECT THESE JUSTICES AND JUDGES FROM AMONG THE NOMINEES OF THE COMMISSION, TO PROVIDE THAT BEFORE A SITTING MEMBER OF THE GENERAL ASSEMBLY MAY SUBMIT AN APPLICATION WITH THE COMMISSION AND BEFORE IT MAY ACCEPT OR CONSIDER IT, THE MEMBER OF THE GENERAL ASSEMBLY MUST FIRST RESIGN HIS OFFICE AND HAVE BEEN OUT OF OFFICE FOR A PERIOD ESTABLISHED BY LAW, AND TO PROVIDE THAT BEFORE A MEMBER OF THE COMMISSION MAY SUBMIT AN APPLICATION AND BEFORE THE COMMISSION MAY ACCEPT OR CONSIDER IT, THAT PERSON MUST NOT HAVE BEEN A MEMBER OF THE COMMISSION FOR A PERIOD ESTABLISHED BY LAW.

(R480) H. 3987 -- Reps. Townsend and Cooper: AN ACT TO AMEND SECTION 56-3-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR FARM TRUCK LICENSES, SO AS TO PROVIDE THAT THE FEES APPLY TO THE GROSS VEHICLE WEIGHT, TO REVISE THE FEES, AND TO PROVIDE THAT THIS PROVISION DOES NOT EXEMPT FARM VEHICLES FROM CERTAIN GROSS WEIGHT-AXLE REQUIREMENTS.

(R481) H. 3992 -- Rep. Cobb-Hunter: AN ACT TO AMEND SECTION 20-7-1440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT FEES, SO AS TO REQUIRE CERTAIN COURT PAPERS TO BE SERVED WITHOUT A FEE BEING CHARGED AND AUTHORIZE RATHER THAN REQUIRE THE COURT TO ASSESS A FEE AGAINST A DEFENDANT IN CHILD ABUSE AND NEGLECT CASES AND TO EXEMPT INDIGENT DEFENDANTS.

(R482) H. 4101 -- Reps. Witherspoon and Riser: AN ACT TO AMEND SECTION 46-17-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE AGRICULTURAL COMMODITIES MARKETING ACT, SO AS TO DELETE THE PROVISION EXEMPTING TOBACCO FROM THE DEFINITION OF AN "AGRICULTURAL COMMODITY".

(R483) H. 4501 -- Reps. Fleming, Mason, G. Brown, Seithel, Clyburn, S. Whipper, Sandifer, Stoddard, L. Whipper, Vaughn, Littlejohn, Cato, Elliott and R. Smith: AN ACT TO AMEND SECTION 12-56-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO EXCLUDE FROM THE DEFINITION OF "DELINQUENT DEBT" SUMS OWED A COUNTY HOSPITAL WHEN THE HOSPITAL AND THE DEBTOR HAVE ENTERED INTO A WRITTEN PAYMENT AGREEMENT AND THE DEBTOR IS CURRENT IN MEETING THE OBLIGATIONS OF THE AGREEMENT AND TO DELETE THE REQUIREMENT THAT A DELINQUENT DEBT BE A "LIQUIDATED" SUM.

(R484) H. 4522 -- Reps. Allison, Wells, Littlejohn, Walker and Lee: AN ACT TO AMEND SECTION 20-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PETITIONS FOR ORDERS OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROVIDE THAT NO FEE MAY BE CHARGED FOR FILING A PETITION; AND TO AMEND SECTION 20-4-60, RELATING TO ORDERS FOR PROTECTION, SO AS TO PROHIBIT GRANTING A MUTUAL ORDER OF PROTECTION EXCEPT UNDER CERTAIN CONDITIONS.

(R485) H. 4544 -- Reps. Cotty, Mason, T. Brown, Inabinett, Richardson, Rogers, Seithel, Neilson, Easterday, Kirsh, Shissias, Stuart, Hutson, McMahand, Rhoad, J. Harris, Wilkes, Stille, Cato, Bailey, Harrison, Gamble, Dantzler, Witherspoon, Delleney, Fleming, Harrell, Koon, Cromer and S. Whipper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-5-190 SO AS TO AUTHORIZE CERTAIN INSURANCE OR INSURANCE-RELATED ENTITIES, ORGANIZATIONS, OR AGENCIES TO CAUSE RECORDS RELATING TO POLICY APPLICATIONS, CHANGES, REFUNDS, TERMINATIONS, CLAIMS, OR PREMIUM PAYMENTS TO BE COPIED OR REPRODUCED BY CERTAIN MEANS, AND PROVIDE FOR RELATED MATTERS.

(R486) H. 4589 -- Reps. Limehouse, Hallman, Cotty, Hutson, Fulmer, Felder, Knotts and Witherspoon: AN ACT TO AMEND SECTION 56-5-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DEATH OR PERSONAL INJURY, SO AS TO REVISE THE PENALTY; AND TO AMEND SECTION 56-5-1220, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DAMAGE TO AN ATTENDED VEHICLE, SO AS TO REVISE THE PENALTY.

(R487) H. 4637 -- Reps. Townsend, Allison, Howard and Wright: AN ACT TO AMEND CHAPTER 125, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINTHROP UNIVERSITY, BY DESIGNATING SECTIONS 59-125-10 THROUGH 59-125-120 AS ARTICLE 1, ENTITLED "GENERAL PROVISIONS", AND BY ADDING ARTICLE 3 ENACTING THE WINTHROP UNIVERSITY FACILITIES REVENUE BOND ACT SO AS TO PROVIDE AUTHORITY FOR THE UNIVERSITY TO ISSUE REVENUE BONDS TO ACQUIRE, CONSTRUCT, RENOVATE, AND EQUIP CERTAIN REVENUE-PRODUCING FACILITIES, AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH THESE BONDS MAY BE ISSUED, INCLUDING THOSE REVENUES THAT MAY BE PLEDGED FOR THEIR REPAYMENT.

(R488) H. 4663 -- Rep. Tucker: AN ACT TO AMEND SECTION 18-1-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRANTING OF BAIL FOR A DEFENDANT APPEALING A CONVICTION, SO AS TO MAKE THE GRANTING OF BAIL DISCRETIONARY FOR DEFENDANTS CONVICTED OF CERTAIN OFFENSES.

(R489) H. 4699 -- Reps. Stuart, Wilkins and Harrison: AN ACT TO AMEND SECTION 12-37-251, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION FROM SCHOOL OPERATING TAXES AND ROLLBACK MILLAGE LIMITATIONS, SO AS TO DEFINE "ROLLBACK MILLAGE".

(R490) H. 4726 -- Rep. Witherspoon: A JOINT RESOLUTION TO AMEND ACT 239 OF 1991, RELATING TO THE PROHIBITION AGAINST THE TAKING AND ATTEMPTS TO TAKE STRIPED BASS AND WHITE BASS HYBRIDS NEAR THE MOUTH OF THE SAVANNAH RIVER UPSTREAM TO NEW SAVANNAH BLUFF LOCK DAM IN SOUTH CAROLINA WATERS, SO AS TO EXTEND THE MORATORIUM AND EXPAND THE AREA COVERED BY THE MORATORIUM.

(R491) H. 4727 -- Rep. Witherspoon: AN ACT TO AMEND SECTION 50-13-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE TAKING OF STRIPED BASS LESS THAN TWENTY-ONE INCHES UNDER CERTAIN CONDITIONS, SO AS TO FURTHER PROVIDE FOR THOSE RIVERS, RESERVOIRS, AND THEIR TRIBUTARIES WHERE IT IS UNLAWFUL TO TAKE OR POSSESS STRIPED BASS LESS THAN TWENTY-ONE INCHES.

(R492) H. 4774 -- Rep. Fulmer: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-227 SO AS TO PROVIDE A METHOD FOR VALUING HOMEOWNERS' ASSOCIATION PROPERTY FOR AD VALOREM TAX PURPOSES; AND TO AMEND SECTION 12-43-230, RELATING TO THE DEFINITIONS OF CERTAIN TYPES OF PROPERTY FOR AD VALOREM TAX PURPOSES SO AS TO DEFINE HOMEOWNERS' ASSOCIATION PROPERTY.

(R493) H. 4779 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK (SUPERB) SITE REHABILITATION AND FUND ACCESS REGULATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1915, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R494) H. 4818 -- Reps. Harrison, Sheheen, Whatley, Tucker, Spearman, Rice, Herdklotz, Seithel, Young-Brickell, Stuart, Wilkins, Knotts, Klauber, Wofford, Fleming, Chamblee, D. Smith, Sandifer, Cain, Riser, Meacham, Cato, Robinson, H. Brown and Wright: AN ACT TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY FOR VIOLATING THE LAW, SO AS TO INCLUDE AN ADDITIONAL REQUIREMENT FOR DETENTION IN A SECURE JUVENILE DETENTION FACILITY AND TO PROVIDE SPECIFIC TIME FRAMES FOR REVIEW OF A JUVENILE IN A DETENTION FACILITY; TO AMEND SECTION 20-7-780, AS AMENDED, RELATING TO CONFIDENTIALITY OF JUVENILE RECORDS, FINGERPRINTS, AND PHOTOGRAPHS, SO AS TO EXPAND THE CIRCUMSTANCES UNDER WHICH A JUVENILE MAY BE FINGERPRINTED AND TO EXPAND THE USE OF FINGERPRINTS; AND TO AMEND SECTION 20-7-2170, AS AMENDED, RELATING TO COMMITMENT OF CHILDREN TO THE DEPARTMENT OF JUVENILE JUSTICE AND TRANSFER TO THE DEPARTMENT OF CORRECTIONS, SO AS TO EXPAND THE CONDITIONS UNDER WHICH THE COURT MAY WAIVE THE TEMPORARY COMMITMENT OF A CHILD TO THE DEPARTMENT FOR EVALUATION.

(R495) H. 4973 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSIONERS OF PILOTAGE FOR THE PORT OF CHARLESTON, RELATING TO CONTROL OF VESSELS DURING DOCKING AND UNDOCKING OPERATIONS; INCREASE IN REGISTRATION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1910, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(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.

LOCAL APPOINTMENTS
Confirmations

Having received a favorable report from the Greenwood County Delegation, the following appointment was confirmed in open session:

Reappointment, Greenwood County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable Terri G. Warner, 107 St. Andrews Lane, Greenwood, S.C. 29646

Having received a favorable report from the Lee County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Lee County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

Honorable Carolyn H. Jackson, Route 1, Box 217, Camden, S.C. 29020 VICE Anna P. Chandler (resigned)

Having received a favorable report from the Spartanburg County Delegation, the following appointments were confirmed in open session:

Reappointment, Spartanburg County Voter Registration Board, with term to commence March 15, 1996, and to expire March 15, 1998:

Mr. F. Don Watson, 700 Holtfield Terrace, Spartanburg, S.C. 29303-7009

Initial Appointment, Spartanburg County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable David C. Snow, 2548 Highway 101 South, Greer, S.C. 29651 VICE Georgia V. Anderson (resigned)

MOTION ADOPTED
Time Fixed

Senator MOORE moved that when the Senate adjourns today, it stand adjourned to meet on Friday, May 31, 1996, at 11:00 A.M. for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up, and that when the Senate adjourns on Friday, it stand adjourned to meet on Monday, June 3, 1996, at 11:00 A.M., for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up, and that when the Senate adjourns on Monday, it stand adjourned to meet in statewide session, pursuant to the provisions of H. 5041, the Sine Die Resolution, on Wednesday, June 12, 1996, at 11:00 A.M.

The motion was adopted.

ADJOURNMENT

At 8:15 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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