South Carolina General Assembly
112th Session, 1997-1998
Journal of the House of Representatives

THURSDAY, FEBRUARY 6, 1997

Thursday, February 6, 1997
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

Almighty and everlasting God, Whose wise providence has given us this great country stored with blessings varied and without limit, we thank You for filling the earth with treasures, for star filled skies and mountains with forests, for making fertile the spreading fields, and for establishing a planting time and a harvest time. Help us to accept in gratitude the blessings of food and home and country, to accept them in trust and to share them in thoughtful appreciation.

Lord, in Your mercy, hear our prayer. Amen.

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

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

MOTION ADOPTED

Rep. KEEGAN moved that when the House adjourns, it adjourn in memory of Carroll A. Campbell, Sr., father of former Governor Carroll A. Campbell, Jr., which was agreed to.

SILENT PRAYER

On motion of Rep. KEEGAN, the House stood in silent prayer in memory of Carroll A. Campbell, Sr., father of former Governor Carroll A. Campbell, Jr.

INTRODUCTION OF BILLS

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

H. 3407 -- Reps. Young-Brickell, Chellis, Bailey, Maddox, Cobb-Hunter, Spearman, Gamble, Parks, Hinson, Seithel, Neilson, Stuart, Moody-Lawrence, Meacham, Allison, Martin, Lee, Mullen, Miller and Rodgers: A BILL TO AMEND SECTION 16-25-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR FIRST OFFENSE CRIMINAL DOMESTIC VIOLENCE, SO AS TO INCREASE THE MAXIMUM FINE FROM FIVE HUNDRED DOLLARS TO TWENTY-FIVE HUNDRED DOLLARS, TO INCREASE THE MAXIMUM IMPRISONMENT FROM THIRTY DAYS TO SIX MONTHS, AND TO AUTHORIZE THE COURT TO IMPOSE A FINE, IMPRISONMENT, OR BOTH; AND TO AMEND SECTION 16-25-60, AS AMENDED, RELATING TO CONDITIONS FOR SUSPENDING THE SENTENCE FOR CRIMINAL DOMESTIC VIOLENCE, SO AS TO REQUIRE A FIRST OFFENDER WHOSE SENTENCE IS SUSPENDED PENDING COMPLETION OF A PROGRAM FOR BATTERING SPOUSES TO BE PLACED ON SIX MONTHS PROBATION IF THE OFFENDER DOES NOT SUCCESSFULLY COMPLETE THE PROGRAM AND TO AUTHORIZE THE COURT TO IMPOSE A FINE AGAINST A SECOND OR SUBSEQUENT OFFENDER IN ADDITION TO ORDERING COMPLETION OF A PROGRAM FOR BATTERING SPOUSES.

Referred to Committee on Judiciary.

H. 3408 -- Rep. D. Smith: A BILL TO AMEND SECTION 17-22-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRETRIAL INTERVENTION APPLICATION AND PARTICIPATION FEES, SO AS TO INCREASE THE APPLICATION FEE FROM FIFTY DOLLARS TO ONE HUNDRED DOLLARS AND TO INCREASE THE AGGREGATE FEES FOR APPLICATION AND PARTICIPATION FROM THREE HUNDRED DOLLARS TO THREE HUNDRED FIFTY DOLLARS.

Referred to Committee on Judiciary.

H. 3409 -- Reps. Hodges and Boan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 9, TITLE 4 SO AS TO PROVIDE A PROCEDURE BY WHICH THE GOVERNING BODY OF A COUNTY AND OTHER ELECTED COUNTY OFFICES MAY BE ELECTED IN NONPARTISAN ELECTIONS.

Referred to Committee on Judiciary.

H. 3410 -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-25-315 SO AS TO PROVIDE FOR EMERGENCY CEASE AND DESIST ORDERS TO PREVENT THE UNAUTHORIZED TRANSACTION OF INSURANCE BUSINESS WITHIN THIS STATE AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 38-2-10, AS AMENDED, RELATING TO INSURANCE AND ADMINISTRATIVE PENALTIES, SO AS TO PROVIDE THAT TEN PERCENT OF THE AMOUNT COLLECTED AS PENALTIES MUST BE RETAINED BY THE DEPARTMENT OF INSURANCE AND CONSIDERED "OTHER FUNDS", REQUIRE THE DEPARTMENT TO SUBMIT AN ANNUAL REPORT FOR CERTAIN PURPOSES, AND ALLOW THESE COLLECTED FUNDS TO BE CARRIED FORWARD INTO SUCCEEDING FISCAL YEARS; AND TO AMEND SECTION 38-25-330, AS AMENDED, RELATING TO THE PENALTY FOR VIOLATING CHAPTER 25, TITLE 38, ON THE UNAUTHORIZED TRANSACTION OF INSURANCE BUSINESS, SO AS TO REQUIRE A WILFUL VIOLATION BEFORE A CONVICTION MAY BE HAD OR A PENALTY IMPOSED, AND CHANGE THE OFFENSE FROM A MISDEMEANOR TO A FELONY.

Referred to Committee on Labor, Commerce and Industry.

ROLL CALL

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

Allison                Altman                 Askins
Barfield               Barrett                Battle
Bauer                  Baxley                 Beck
Boan                   Bowers                 Breeland
Brown, H.              Brown, J.              Brown, T.
Campsen                Cato                   Cave
Chellis                Cobb-Hunter            Cooper
Cromer                 Dantzler               Delleney
Easterday              Edge                   Fleming
Gamble                 Gourdine               Hamilton
Harrell                Harrison               Harvin
Haskins                Hawkins                Hines, M.
Hinson                 Hodges                 Howard
Inabinett              Jennings               Jordan
Keegan                 Kelley                 Kinon
Kirsh                  Klauber                Knotts
Koon                   Leach                  Lee
Limbaugh               Limehouse              Littlejohn
Lloyd                  Mack                   Maddox
Martin                 Mason                  McCraw
McKay                  McLeod                 McMahand
Meacham                Miller                 Moody-Lawrence
Mullen                 Neal                   Neilson
Parks                  Phillips               Pinckney
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, F.              Smith, J.
Smith, R.              Spearman               Stille
Stuart                 Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   Whatley                Wilder
Wilkes                 Wilkins                Woodrum
Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, February 6.

John L. Scott, Jr.                Eugene C. Stoddard
Bill Cotty                        Jerry N. Govan, Jr.
Dwight A. Loftis                  James N. Law
George H. Bailey                  Thomas N. Rhoad
W. Jeffrey Young                  John G. Felder
G. Ralph Davenport, Jr.           Alma W. Byrd
Joe McMaster                      Jackson S. Whipper
Steve P. Lanford                  Ralph W. Canty
William Clyburn                   Grady A. Brown
Kenneth Kennedy
Total Present--119

LEAVE OF ABSENCE

The SPEAKER granted Rep. J. HINES a leave of absence for the day due to the death of his mother.

DOCTOR OF THE DAY

Announcement was made that Dr. Al Pakalnis of Columbia is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

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

H. 3169 -- Rep. Cato: A BILL TO AMEND TITLE 40, CHAPTER 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA REAL ESTATE COMMISSION, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND, AMONG OTHER THINGS, TO EXPAND THE RESPONSIBILITIES OF A "BROKER-IN-CHARGE", TO ESTABLISH THE PARAMETERS, DUTIES, AND RESPONSIBILITIES FOR AGENCY RELATIONSHIPS IN REAL ESTATE, AND TO REQUIRE LICENSEES TO HAVE A HIGH SCHOOL DIPLOMA OR THE EQUIVALENT, TO INCREASE THE HOURS REQUIRED FOR A BROKER'S LICENSE, TO ELIMINATE THE TWO-TIERED SALES EXAMINATION, TO ESTABLISH OPTIONS FOR SETTLING EARNEST MONEY DISPUTES AND TO REVISE FINES.

H. 3176 -- Reps. Felder and Boan: A BILL TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO UNIVERSITY OF SOUTH CAROLINA ATHLETICS FACILITIES REVENUE BONDS, SO AS TO PROVIDE A DEFINITION OF "NET ATHLETIC REVENUES" AND RESTORE THE DEFINITION REFERRING TO THE STATE BUDGET AND CONTROL BOARD; TO REMOVE THE OUTSTANDING DEBT LIMIT FOR THESE BONDS, AUTHORIZE THEIR USE FOR REFUNDING OF EARLIER ISSUES, AND MAKE THESE BONDS PAYABLE FROM ADMISSION FEES, SPECIAL STUDENT FEES, AND NET ATHLETIC REVENUES; TO DELETE PROVISIONS RELATED TO ADVERTISING OF ISSUES, TO PROVIDE THAT EXISTING FEES MUST BE SET AFTER THE CONSIDERATION OF NET ATHLETIC REVENUES, TO CONFORM USES OF THE BOND REVENUES AND THE SETTING OF FEES TO THE AMENDMENTS PROVIDED IN THIS ACT.

H. 3349 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF PHARMACY, RELATING TO EXAMINATION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2037, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3160--POINT OF ORDER

The following Bill was taken up.

H. 3160 -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 50-11-745 AND 50-13-1199 SO AS TO PROVIDE THE DEPARTMENT OF NATURAL RESOURCES A PROCEDURE TO RELEASE CERTAIN PROPERTY CONFISCATED FROM VIOLATORS OF GAME AND FISH PROVISIONS TO INNOCENT OWNERS OR LIENHOLDERS AND TO ALLOW THE DEPARTMENT TO MAINTAIN OR DISPOSE OF CERTAIN UNCLAIMED PROPERTY.

Rep. SHARPE explained the Bill.

POINT OF ORDER

Rep. KIRSH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

H. 3119--POINT OF ORDER

The following Bill was taken up.

H. 3119 -- Rep. Klauber: A BILL TO AMEND SECTION 8-7-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEAVES OF ABSENCE AUTHORIZED FOR PUBLIC OFFICERS AND EMPLOYEES IN THE NATIONAL GUARD OR RESERVE MILITARY FORCES, SO AS TO PROVIDE THAT THE TERMS "WORK DAY" AND "DAY" IN REGARD TO THESE LEAVES OF ABSENCE CONSIST OF A SPECIFIED NUMBER OF HOURS.

Rep. BREELAND explained the Bill.

POINT OF ORDER

Rep. T. BROWN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

H. 3253--POINT OF ORDER

The following Bill was taken up.

H. 3253 -- Reps. Klauber and Hawkins: A BILL TO AMEND SECTION 25-1-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE ADJUTANT GENERAL, SO AS TO ALLOW THE ADJUTANT GENERAL TO ORDER A MEMBER OF THE NATIONAL GUARD TO ACTIVE DUTY, SUBJECT TO CONSENT AND AVAILABLE FUNDING.

Rep. BREELAND explained the Bill.

POINT OF ORDER

Rep. T. BROWN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

H. 3243--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3243 -- Reps. Sharpe and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-20-55 SO AS TO PROVIDE FOR THE GENERAL PERMITTING OF CERTAIN MINING ACTIVITIES; AND TO AMEND SECTIONS 48-20-160 AND 48-20-220, RELATING TO PENALTIES FOR VIOLATIONS OF MINING PERMITS, SO AS TO PROVIDE FOR CIVIL PENALTIES FOR NONCOMPLIANCE WITH THE GENERAL PERMIT.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4046MM.97), which was adopted.

Amend the bill, as and if amended, by Section 48-20-220, SECTION 3, page 2, line 30, after /permit/, by inserting / for areas over two acres, /.

When amended the Section 48-20-220 reads:

"Section 48-20-220.     Whenever an explorer engages in exploration without obtaining a certificate of exploration, or whenever an operator engages in mining without obtaining a valid operating permit or conducts mining outside of the permitted land or does not comply with the approved reclamation plan and schedule following termination of mining, the department may issue an immediate cease and desist order. A cease and desist order also may be issued against an operator who is engaged in mining before his receipt of written notification from the department that he is eligible to mine under the authority of a general permit for areas over two acres, or for not complying with the requirements of the general permit during mining. In addition to the issuance of the order, the department may seek a restraining order or injunction pursuant to Section 48-20-230.

Whenever an explorer engages in exploration without obtaining a certificate of exploration, or whenever an operator conducts mining without a valid operating permit or conducts mining outside of the permitted land or does not comply with the approved reclamation plan and schedule following termination of mining, the explorer or operator may be subject to a civil penalty assessed by the department of not more than one thousand dollars for each offense. Civil penalties may be levied against an operator who is engaged in mining before his receipt of written notification from the department that he is eligible to mine under the authority of a general permit or for not complying with the requirements of the general permit during mining. Each day of continued violation after issuance of a cease and desist order may be considered a further and separate offense. The severity of the violation, the need to deter future violations, and the magnitude of potential or actual gains resulting from the violation must be considered in determining the amount of the civil penalty. Orders and penalties issued pursuant to this section may be appealed under the provisions of Section 48-20-190.

No civil penalties may be assessed on existing permitted mining operations until July 1, 1991."

Amend title to conform.

Rep. SHARPE explained the amendment.

The amendment was then adopted.

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

H. 3243--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SHARPE, with unanimous consent, it was ordered that H. 3243 be read the third time tomorrow.

H. 3086--POINT OF ORDER

The following Bill was taken up.

H. 3086 -- Reps. Davenport, Cotty, Walker, Altman, Whatley, Sandifer, Vaughn, Wilkes, Stuart, Harrell, Riser, Gamble and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-160 SO AS TO PROVIDE THAT THERE IS NO LIABILITY FOR DAMAGES OR INJURY SUSTAINED BY A PERSON WHO HAS COMMITTED A FELONY WHEN THE PERSON IS INJURED OR DIES FROM INJURIES SUSTAINED WHILE COMMITTING THE CRIME.

POINT OF ORDER

Rep. HARRISON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

H. 3089--REQUESTS FOR DEBATE

The following Bill was taken up.

H. 3089 -- Reps. D. Smith, Hodges, Cobb-Hunter, Byrd, Cotty, Jennings, Clyburn, Delleney, Young, Maddox, Allison, Leach, Limbaugh, Klauber, Knotts, Felder, Stille, Seithel, Bailey, Walker, Wilkes, Kinon, Stuart, Battle, Harrison and J. Smith: A BILL TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLATIONS OF THE SAFETY BELT LAW, SO AS TO INCREASE THE PENALTIES FROM TEN TO TWENTY-FIVE DOLLARS FOR A VIOLATION AND FROM TWENTY TO FIFTY DOLLARS FOR EACH INCIDENT AND TO DELETE THE PROVISION PROHIBITING A LAW ENFORCEMENT OFFICER FROM STOPPING A DRIVER FOR A VIOLATION IN THE ABSENCE OF A VIOLATION OF ANOTHER MOTOR VEHICLE LAW.

Reps. D. SMITH, HARRISON, F. SMITH, HASKINS, HODGES, ROBINSON, COTTY and SHARPE requested debate on the Bill.

ORDERED TO THIRD READING

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

H. 3153 -- Reps. Simrill and Haskins: A BILL TO AMEND SECTION 44-77-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABSENCE OF A DECLARATION OF A DESIRE FOR A NATURAL DEATH NOT CREATING A PRESUMPTION AS TO INTENT TO CONSENT TO OR REFUSE "DEATH-PROLONGING" PROCEDURES, SO AS TO CHANGE THIS TERM TO "LIFE-SUSTAINING" PROCEDURES.

Rep. YOUNG explained the Bill.

H. 3153--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. YOUNG, with unanimous consent, it was ordered that H. 3153 be read the third time tomorrow.

H. 3157--POINT OF ORDER

The following Joint Resolution was taken up.

H. 3157 -- Reps. Wilkins, Haskins, Cato, Harrison, Meacham, Sharpe, D. Smith, Vaughn, Allison, Bailey, Barfield, Barrett, Bauer, Baxley, Beck, Campsen, Chellis, Cotty, Cromer, Davenport, Felder, Gamble, Harrell, J. Harris, Hinson, Jordan, Kelley, Keegan, Kinon, Klauber, Law, Leach, Littlejohn, Limbaugh, Lloyd, Mason, McKay, McMaster, Rice, Riser, Robinson, Rodgers, Sandifer, Simrill, Tripp, Walker, Witherspoon, Woodrum, Young, Young-Brickell, Stuart, Mullen, Seithel, Edge, R. Smith, Knotts, Webb, Limehouse, Whatley and Hawkins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 2, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT NO MEMBER OF THE HOUSE MAY SERVE MORE THAN SIX COMPLETE TERMS, TO PROVIDE THAT FOR THOSE HOUSE MEMBERS ELECTED IN THE 1996 ELECTION WHETHER OR NOT THEY HAVE PRIOR HOUSE SERVICE, THIS LIMITATION ON TERMS BEGINS WITH THE TERM STARTING ON THE MONDAY FOLLOWING THE 1996 GENERAL ELECTION, AND TO PROVIDE THAT FOR THOSE MEMBERS ELECTED AFTER 1996, WHETHER OR NOT THEY HAVE PRIOR HOUSE SERVICE, THE LIMITATION BEGINS WITH THE TERMS THE MEMBERS FIRST SERVE AFTER 1996; PROPOSING AN AMENDMENT TO SECTION 6, ARTICLE III OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT NO MEMBER OF THE SENATE MAY SERVE MORE THAN THREE COMPLETE TERMS, TO PROVIDE THAT FOR THOSE SENATORS ELECTED IN THE 1996 ELECTION WHETHER OR NOT THEY HAVE PRIOR SENATE SERVICE, THIS LIMITATION ON TERMS BEGINS WITH THE TERMS STARTING ON THE MONDAY FOLLOWING THE 1996 GENERAL ELECTION, TO PROVIDE THAT FOR THOSE SENATORS ELECTED AFTER 1996 WHETHER OR NOT THEY HAVE PRIOR SENATE SERVICE, THE LIMITATION BEGINS WITH THE TERMS THE MEMBERS FIRST SERVE AFTER 1996, AND TO REVISE CERTAIN OBSOLETE REFERENCES; AND PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT NO CONSTITUTIONAL OFFICER MAY SERVE MORE THAN THREE COMPLETE TERMS, TO PROVIDE THAT FOR THOSE CONSTITUTIONAL OFFICERS ELECTED IN THE 1998 ELECTION WHETHER OR NOT THEY HAVE PRIOR SERVICE IN THAT CONSTITUTIONAL OFFICE, THIS LIMITATION ON TERMS BEGINS WITH THE TERMS STARTING IN JANUARY, 1999, AND TO PROVIDE THAT FOR THOSE CONSTITUTIONAL OFFICERS ELECTED AFTER 1998 WHETHER OR NOT THEY HAVE PRIOR SERVICE IN THAT CONSTITUTIONAL OFFICE, THE LIMITATION BEGINS WITH THE TERM THE CONSTITUTIONAL OFFICER FIRST SERVES AFTER 1998.

POINT OF ORDER

Rep. SCOTT made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

H. 3215--POINT OF ORDER

The following Bill was taken up.

H. 3215 -- Reps. Simrill and Meacham: A BILL TO AMEND SECTION 17-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A TOWN OR CITY POLICE OFFICER'S JURISDICTION OUTSIDE THE TOWN'S OR CITY'S CORPORATE LIMITS WHEN IN PURSUIT OF AN OFFENDER, SO AS TO INCREASE THE OFFICER'S JURISDICTION FROM A THREE-MILE RADIUS OF THE TOWN'S OR CITY'S CORPORATE LIMITS TO COUNTYWIDE JURISDICTION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PT\2893CM.97).

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

/SECTION     1.     Section 17-13-40 of the 1976 Code is amended to read:

"Section 17-13-40.     (A)     The police authorities of all towns a town and cities city of this State may make arrests of all offenders arrest an offender against the municipal ordinances and statutes of this State committed within the corporate limits or at any a place within a radius of three miles of the corporate limits the county in which the town or city is located, with or without a warrant, when such the police authorities are in pursuit of such an offender.

(B)     The police authorities of a county may arrest an offender against the county ordinances and statutes of this State committed within the unincorporated areas or at a place within a contiguous county with or without a warrant when the police authorities are in pursuit of an offender.

(C)     When a law enforcement officer's jurisdiction is expanded pursuant to this section, the authority, rights, privileges, and immunities, including coverage under the workers' compensation laws, and tort liability coverage obtained pursuant to the provisions of Chapter 78, Title 15, that are applicable to an officer within the jurisdiction in which he is employed are extended to and include the expanded areas of jurisdiction granted pursuant to this section."

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

Renumber sections to conform.

Amend totals and title to conform.

Rep. KLAUBER explained the amendment.

POINT OF ORDER

Rep. F. SMITH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

H. 3230--POINT OF ORDER

The following Bill was taken up.

H. 3230 -- Rep. Simrill: A BILL TO AMEND SECTION 33-56-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PENALTIES FOR A WILFUL VIOLATION OF CERTAIN PROVISIONS OF THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO INCREASE THE PENALTIES FOR VIOLATION.

Rep. KLAUBER explained the Bill.

POINT OF ORDER

Rep. SHEHEEN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

H. 3370--POINT OF ORDER

The following Joint Resolution was taken up.

H. 3370 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORKERS' COMPENSATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2116, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. FELDER made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

H. 3371--POINT OF ORDER

The following Joint Resolution was taken up.

H. 3371 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO SCHOOL SUPERINTENDENT QUALIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1937, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. TRIPP made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

H. 3372--POINT OF ORDER

The following Joint Resolution was taken up.

H. 3372 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO DISTRIBUTION OF LUNCHROOM DUTY TIME FOR TEACHERS, GRADES 1-6, DESIGNATED AS REGULATION DOCUMENT NUMBER 1949, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. FELDER made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

H. 3373--POINT OF ORDER

The following Joint Resolution was taken up.

H. 3373 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO ACCELERATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1971, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. COBB-HUNTER made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

H. 3374--POINT OF ORDER

The following Joint Resolution was taken up.

H. 3374 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO SCHOOL ADMISSION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1974, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. COBB-HUNTER made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

H. 3375--POINT OF ORDER

The following Joint Resolution was taken up.

H. 3375 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PROPRIETARY SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1979, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. COBB-HUNTER made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

H. 3376--POINT OF ORDER

The following Joint Resolution was taken up.

H. 3376 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PRINCIPAL EVALUATION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1984, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. COBB-HUNTER made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

H. 3377--POINT OF ORDER

The following Joint Resolution was taken up.

H. 3377 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PRINCIPAL INCENTIVE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1987, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. COBB-HUNTER made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

H. 3393--POINT OF ORDER

The following Joint Resolution was taken up.

H. 3393 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADVISORY COUNCIL (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1982, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. COBB-HUNTER made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

H. 3394--POINT OF ORDER

The following Joint Resolution was taken up.

H. 3394 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL GRANTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1986, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. COBB-HUNTER made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

H. 3002--SENATE AMENDMENTS AMENDED
AND RETURNED TO THE SENATE

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

H. 3002 -- Reps. Wilkins, D. Smith, Hawkins, Harrell, Fleming, Maddox, Cromer, Cato, McMaster, Young, Robinson, Haskins, Felder, Campsen, Boan, Limbaugh, Vaughn, Young-Brickell, Witherspoon, Simrill, Bailey, Altman, Meacham, Riser, Harrison, Gamble, Lloyd and Beck: A BILL TO AMEND SECTION 2-1-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED BEGINNING IN 1994, SO AS TO REVISE CERTAIN OF THESE DISTRICTS, TO PROVIDE THAT A MEMBER OF THE HOUSE SHALL BE ELECTED FROM EACH OF THE ELECTION DISTRICTS SO REVISED AT A SPECIAL ELECTION TO BE CONDUCTED IN NOVEMBER, 1997, TO PROVIDE FOR THE TERM OF OFFICES OF SUCH MEMBERS ELECTED IN 1997, TO ESTABLISH FILING AND ELECTION DATES FOR THESE ELECTIONS, TO DESIGNATE THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE ELECTION DISTRICT REVISIONS CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT; AND TO REPEAL SECTION 2-1-15, RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES WERE FORMERLY ELECTED.

Reps. WILKINS, HARRISON and CROMER proposed the following Amendment No. 1A (Doc Name P:\AMEND\GJK\20027SD.97), which was adopted.

Amend the bill, as and if amended, by striking SECTION 6 in its entirety and inserting:

/SECTION     6.         For purposes of the 1997 election for the members of the House of Representatives to be elected from those election districts revised by the provisions of Section 2-1-25 of the 1976 Code, as amended by Section 1 of this act, and for the members of the Senate to be elected from those election districts revised by Section 4 of this act, the following provisions apply:

(1)     Notwithstanding the provisions of Section 7-11-15 of the 1976 Code, the dates for filing for all candidates seeking nomination by a political party primary or political party convention are between noon on June second and noon on June sixteenth.

(2)     Notwithstanding the provisions of Section 7-11-210 of the 1976 Code, the date for filing the notice of candidacy and pledge is by noon on June sixteenth.

(3)     Notwithstanding the provisions of Section 7-13-40 of the 1976 Code, certification of the names of all candidates to be placed on primary ballots must be made by the political party chairman, vice chairman, or secretary to the State Election Commission or the county election commission, whichever is responsible under law for preparing the ballot, not later than noon on June eighteenth.

(4)     Notwithstanding the provisions of Section 7-13-40 of the 1976 Code, the date for primary elections is the second Tuesday in August.

(5)     For these elections held in 1997 only, if run-off primary elections are necessary they must be held on August twenty-sixth.

(6)     Notwithstanding the provisions of Section 7-13-351 of the 1976 Code, all candidates seeking nomination by petition must file these petitions with the State Election Commission no later than noon on September ninth.

(7)     Notwithstanding the provisions of Section 7-13-350 of the 1976 Code, the names of all nominees to be placed on the special election ballots must be certified by the respective political party to the appropriate election commissioners by noon on September eleventh./

Amend the bill further, as and if amended, in SECTION 5 by striking /Section 1 of this act/ which begins on line 25, page 101, and inserting /Section 4 of this act/

Renumber sections to conform.

Amend title to conform.

Rep. HARRISON explained the amendment.

The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

SENT TO THE SENATE

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

H. 3143 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Harrison, Meacham, Sharpe, D. Smith, Townsend, Vaughn, Allison, Altman, Bailey, Barfield, Barrett, Bauer, Beck, Campsen, Chellis, Cotty, Davenport, Delleney, Felder, Gamble, Harrell, Hinson, Jordan, Kelley, Keegan, Kinon, Kirsh, Klauber, Law, Leach, Littlejohn, Limbaugh, Lloyd, Martin, McKay, McMaster, Rice, Riser, Robinson, Rodgers, Sandifer, Simrill, Spearman, Tripp, Walker, Witherspoon, Woodrum, Young, Young-Brickell, Stuart, Mullen, Seithel, Edge, Knotts, Mason, Limehouse, Hamilton, Whatley and Hawkins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, BY ADDING SECTION 15A SO AS TO REQUIRE THAT A BILL OR RESOLUTION OF THE GENERAL ASSEMBLY IMPOSING OR INCREASING A TAX OR FEE BE SUBMITTED TO A VOTE OF THE ELECTORS OF THE STATE IF THE BILL OR RESOLUTION DOES NOT RECEIVE THE APPROVAL OF TWO-THIRDS OF THE MEMBERSHIP OF THE HOUSE OF REPRESENTATIVES AND TWO-THIRDS OF THE MEMBERSHIP OF THE SENATE; AND TO REQUIRE THAT THE GENERAL ASSEMBLY PROVIDE A PROCEDURE BY WHICH ELECTORS SHALL VOTE IF THE BILL OR RESOLUTION DOES NOT RECEIVE THE REQUIRED TWO-THIRDS VOTE.

H. 3144 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Harrison, Meacham, Sharpe, D. Smith, Townsend, Vaughn, Allison, Altman, Bailey, Barfield, Barrett, Bauer, Beck, Campsen, Chellis, Cotty, Davenport, Delleney, Felder, Gamble, Harrell, Hinson, Jordan, Kelley, Keegan, Kinon, Kirsh, Klauber, Law, Leach, Littlejohn, Limbaugh, Lloyd, Martin, McKay, McMaster, Rice, Riser, Robinson, Rodgers, Sandifer, Simrill, Spearman, Tripp, Walker, Witherspoon, Woodrum, Young, Young-Brickell, Stuart, Mullen, Seithel, Edge, Knotts, Mason, Sharpe, Hamilton, Webb and Whatley: A BILL TO AMEND SECTION 11-11-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON GENERAL TAX INCREASES AND NEW GENERAL TAXES, SO AS TO REQUIRE A TWO-THIRDS VOTE IN EACH HOUSE FOR SUCH IMPOSITION.

S. 244--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

S. 244 -- Senator McGill: A CONCURRENT RESOLUTION TO REQUEST THAT THE UNITED STATES FISH AND WILDLIFE SERVICES AND THE CAPE ROMAIN NATIONAL WILDLIFE REFUGE KEEP THE SOUTH CAROLINA SENATE FISH, GAME, AND FORESTRY COMMITTEE AND THE AGRICULTURE AND NATIONAL RESOURCES COMMITTEE OF THE HOUSE OF REPRESENTATIVES ABREAST OF ALL ACTIVITIES RELATING TO THE PROPOSED CREATION OF A NATIONAL WILDLIFE REFUGE IN GEORGETOWN, HORRY, AND MARION COUNTIES, NORTH OF WINYAH BAY.

Whereas, the United States Fish and Wildlife Service has recommended the creation of a national wildlife refuge that would total nearly 50,000 acres comprised of wetlands and forest in Georgetown, Horry and Marion Counties; and

Whereas, this proposal presents a unique opportunity to preserve the largest contiguous block of freshwater tidal wetlands in the State; and

Whereas, this environmentally-significant coastal habitat is within one of the Nation's fastest growing areas; and

Whereas, it is essential for the counties involved and the State to understand and comment on the impact that the creation of this refuge may have upon the infrastructure and fiscal needs of the Grand Strand area; and

Whereas, the Senate Fish, Game, and Forestry Committee and the Agriculture and Natural Resources Committee of the House of Representatives are intricately involved in insuring that the citizens of this State continue to have the opportunity to enjoy the natural resources of this State for recreational activities, and protection of wildlife, farming, timber, and private property ownership rights. Now, therefore,

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

That the United States Fish and Wildlife Service and the Cape Romain National Wildlife Refuge are requested to advise the South Carolina Senate Fish, Game, and Forestry Committee and the Agriculture and Natural Resources Committee of the House of Representatives of all activities relating to the proposed creation of a National Wildlife Refuge in Georgetown, Horry, and Marion Counties, north of Winyah Bay.

Be it further resolved:

That these committees shall conduct public hearings as the respective chairs deem appropriate on the potential effects of the proposed refuge.

Be it further resolved:

That a copy of this resolution be forwarded to the United States Fish and Wildlife Service and the Cape Romain National Wildlife Refuge.

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

RECURRENCE TO THE MORNING HOUR

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3411 -- Reps. Cromer, Bauer, Cobb-Hunter, Neilson, J. Smith, Stuart, Harrison, Scott, Howard, Knotts, Cotty, Neal, Koon, Riser, Gamble, Young, Spearman, McMaster, J. Brown, Wilkes, Byrd and Hodges: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO PROVIDE FOR A NATIONAL CEMETERY TO BE LOCATED AT FORT JACKSON IN SOUTH CAROLINA.

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

INTRODUCTION OF BILLS

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

H. 3412 -- Reps. Seithel, Cato and Mason: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-74-90; TO AMEND SECTION 38-74-10, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE HEALTH INSURANCE POOL; TO AMEND SECTION 38-74-30, AS AMENDED, RELATING TO ELIGIBILITY FOR POOL COVERAGE; AND SECTION 38-74-60, AS AMENDED, RELATING TO MAJOR MEDICAL EXPENSE COVERAGE, ALL SO AS TO MAKE THE POOL AN ACCEPTABLE ALTERNATIVE MECHANISM UNDER THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 AND TO INCREASE THE AGGREGATE BENEFIT LIMIT, DELETE THE EXCLUSION OF INDIVIDUALS DIAGNOSED AS BEING INFECTED WITH AIDS, REDUCE THE PREMIUM CAP ON CERTAIN ASSESSMENTS, ALLOW FEDERALLY DEFINED ELIGIBLE INDIVIDUALS TO ENTER THE POOL WITHOUT SATISFYING CURRENT ELIGIBILITY REQUIREMENTS, REDUCE THE RESIDENCY REQUIREMENT, REQUIRE FEDERALLY DEFINED ELIGIBLE INDIVIDUALS TO BE RESIDENTS, ENSURE THAT THE PREEXISTING CONDITION EXCLUSION IS NOT APPLIED TO FEDERALLY DEFINED ELIGIBLE INDIVIDUALS, REMOVE THE PROVISIONS ALLOWING EXTRA CHARGES WHERE A PREEXISTING CONDITION EXCLUSION IS WAIVED, AND ENSURE THAT FEDERALLY DEFINED ELIGIBLE INDIVIDUALS ARE PROVIDED A CHOICE OF COVERAGE.

Referred to Committee on Labor, Commerce and Industry.

H. 3413 -- Reps. Seithel, Cato and Mason: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-41-45; TO AMEND ARTICLE 3, CHAPTER 71, TITLE 38, RELATING TO INDIVIDUAL ACCIDENT AND HEALTH INSURANCE POLICIES BY ADDING SUBARTICLE 7; TO AMEND ARTICLE 5, CHAPTER 71, TITLE 38, RELATING TO GROUP ACCIDENT AND HEALTH INSURANCE BY ADDING SUBARTICLE 2; TO AMEND SECTION 38-71-135, RELATING TO MINIMUM POSTPARTUM HOSPITALIZATION SERVICES FOR MOTHERS AND NEWBORNS; TO AMEND SECTION 38-71-335, AS AMENDED, RELATING TO CANCELLATION AND RENEWAL POLICIES FOR ACCIDENT AND HEALTH INSURANCE; TO AMEND SECTION 38-71-730, AS AMENDED, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT AND HEALTH POLICIES; TO AMEND SECTION 38-71-737, RELATING TO REQUIREMENTS OF COVERAGE FOR PSYCHIATRIC CONDITIONS IN GROUP HEALTH INSURANCE POLICIES; TO AMEND SECTION 38-71-920, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH SMALL GROUP HEALTH INSURANCE; TO AMEND SECTION 38-71-960, RELATING TO REQUIRED DISCLOSURE IN SOLICITATION AND SALES MATERIAL FOR SMALL GROUP HEALTH INSURANCE; TO AMEND SECTION 38-71-1330, RELATING TO DEFINITIONS USED IN CONNECTION WITH SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY; TO AMEND SECTION 38-71-1360, RELATING TO THE REQUIREMENT THAT INSURERS MARKET TWO PLANS FOR SMALL EMPLOYERS; TO AMEND SECTION 38-71-1370, RELATING TO THE APPLICABILITY OF CERTAIN CODE SECTIONS TO INSURANCE PLANS REQUIRED TO BE OFFERED BY SMALL EMPLOYER INSURERS AND PREEXISTING CONDITION COVERAGE FOR LATE ENROLLEES; TO AMEND SECTION 38-71-1410 RELATING TO THE SOUTH CAROLINA SMALL EMPLOYER INSURER REINSURANCE PROGRAM; TO AMEND SECTION 38-71-1440, RELATING TO REQUIREMENTS FOR SMALL EMPLOYER INSURERS, ALL SO AS TO COMPLY WITH CERTAIN REQUIREMENTS OF THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, INCLUDING GUARANTEED AVAILABILITY IN THE SMALL GROUP MARKET, GUARANTEED RENEWABILITY IN THE LARGE GROUP MARKET, THE SMALL GROUP MARKET, THE INDIVIDUAL MARKET, AND FOR MULTIPLE EMPLOYER WELFARE ARRANGEMENTS; REVISIONS TO REQUIRED HOSPITALIZATION SERVICES FOR MOTHERS AND NEWBORNS; EQUALITY IN THE APPLICATION OF CERTAIN LIMITS TO MENTAL HEALTH BENEFITS, ANTIDISCRIMINATION REQUIREMENTS IN THE LARGE AND SMALL GROUP MARKETS, AND LIMITATIONS ON PREEXISTING CONDITION EXCLUSIONS IN THE LARGE AND SMALL GROUP MARKETS; AND TO REPEAL SECTION 38-71-950, RELATING TO RENEWABILITY AND NOTICE OF NONRENEWAL OF SMALL GROUP HEALTH INSURANCE.

Referred to Committee on Labor, Commerce and Industry.

H. 3414 -- Reps. D. Smith and Robinson: A BILL TO AMEND TITLE 58, CODE OF THE LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS, BY ADDING CHAPTER 28 SO AS TO ENACT THE "SOUTH CAROLINA COMPETITIVE POWER ACT" WHICH PROVIDES FOR LEGISLATIVE FINDINGS AND DECLARATIONS, REQUIRES THE PUBLIC SERVICE COMMISSION TO ADOPT A PLAN FOR RESTRUCTURING THE ELECTRIC UTILITY INDUSTRY, REQUIRES ELECTRIC UTILITIES TO FILE WITH THE PUBLIC SERVICE COMMISSION A RESTRUCTURING PLAN PROVIDING FOR CUSTOMER CHOICE, PROVIDES THAT ALL RETAIL CUSTOMERS SHALL BE PERMITTED TO CHOOSE THEIR PROVIDERS OF ELECTRIC GENERATION SERVICES BY A CERTAIN DATE, PROVIDES THAT LOCAL UTILITIES SHALL BE RELIEVED OF THE TRADITIONAL OBLIGATION TO SERVE BUT SHALL HAVE AN OBLIGATION TO CONNECT ALL CUSTOMERS WITHIN THEIR SERVICE TERRITORY ON NONDISCRIMINATORY TERMS AND CONDITIONS, REQUIRES ELECTRIC UTILITIES TO FILE WITH THE PUBLIC SERVICE COMMISSION A PLAN FOR RECOVERING STRANDED COSTS, CREATES A LEGISLATIVE OVERSIGHT COMMITTEE ON ELECTRIC UTILITY RESTRUCTURING, AND PROVIDES FOR RELATED MATTERS; AND TO REPEAL ARTICLES 3 AND 5, CHAPTER 27 OF TITLE 58 OF THE 1976 CODE RELATING TO SERVICE RIGHTS AND RATES AND CHARGES OF ELECTRIC SUPPLIERS.

Referred to Committee on Labor, Commerce and Industry.

H. 3415 -- Reps. Townsend, Rodgers, H. Brown, Parks, Wilder, Neal, Limehouse, Govan, Lloyd, Sharpe, Neilson, Allison, Bailey, Jordan, McLeod, Law, Walker, Littlejohn, Trotter, Leach, Inabinett, Stille, Martin, Harrison, Stuart, Young-Brickell, Hinson, Easterday, Riser, Cato, Wilkins, Hamilton, Harrell, D. Smith, J. Brown, Kirsh, J. Smith, Klauber, Webb, Woodrum, McMahand, Sandifer, Maddox, McKay, Haskins, Cooper and Barrett: A BILL TO AMEND SECTION 59-39-100 OF THE 1976 CODE, RELATING TO THE ISSUANCE OF UNIFORM HIGH SCHOOL DIPLOMAS AND THE NUMBER OF UNITS REQUIRED TO RECEIVE A DIPLOMA, SO AS TO PROVIDE THAT, BEGINNING WITH THE NINTH GRADE CLASS OF SCHOOL YEAR 1997-98 AND THEREAFTER, THE NUMBER OF UNITS REQUIRED FOR A DIPLOMA IS TWENTY-FOUR, RATHER THAN TWENTY, TO SPECIFY WHAT THESE FOUR ADDITIONAL UNITS MUST CONSIST OF, AND TO REVISE THE MANNER IN WHICH OTHER UNITS MAY BE APPLIED TOWARD THESE REQUIREMENTS.

Referred to Committee on Education and Public Works.

CONCURRENT RESOLUTION

The following was introduced:

H. 3416 -- Reps. Wilkins, Haskins, Miller, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING PROFOUND SORROW AT THE DEATH OF CARROLL A. CAMPBELL, SR., THE FATHER OF OUR DISTINGUISHED FORMER GOVERNOR, AND EXTENDING DEEPEST SYMPATHY TO GOVERNOR CAMPBELL AND ALL THE MEMBERS OF THE CAMPBELL FAMILY.

Whereas, Carroll Ashmore Campbell, Sr., died February 3, 1997, at the age of eighty-one; and

Whereas, Mr. Campbell, the father of our distinguished former Governor, was born in Piedmont in 1915 and retired from a career in textile management, furniture and interior design, and motel management; and

Whereas, he attended Furman University and graduated from the University of Pennsylvania in textile engineering; he was also a World War II Navy veteran, serving as a lieutenant commander; and

Whereas, he was very active in his community, his church, and civic clubs; he was a true gentleman and an outstanding individual in every way; throughout his life he earned the respect, admiration, and love of everyone who knew him; and

Whereas, we want Mr. Campbell's family to know that we realize how much they will miss this wonderful man and outstanding South Carolinian and that they are uppermost in our thoughts and prayers. 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, express profound sorrow at the death of Carroll A. Campbell, Sr., the father of our distinguished former Governor, and extend deepest sympathy to Governor Campbell and all the members of the Campbell family.

Be it further resolved that a copy of this resolution be forwarded to Mr. Campbell's family.

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

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3416 -- Reps. Wilkins, Haskins, Miller, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING PROFOUND SORROW AT THE DEATH OF CARROLL A. CAMPBELL, SR., THE FATHER OF OUR DISTINGUISHED FORMER GOVERNOR, AND EXTENDING DEEPEST SYMPATHY TO GOVERNOR CAMPBELL AND ALL THE MEMBERS OF THE CAMPBELL FAMILY.

H. 3362 -- Reps. Sharpe, T. Brown, Carnell, Stoddard, Koon, Rhoad, Riser, Witherspoon, Barfield and G. Brown: A CONCURRENT RESOLUTION TO COMMEND SOUTH CAROLINA'S FFA MEMBERS, THEIR ADVISORS, SCHOOL ADMINISTRATORS, PARENTS, AND ALL WHO SUPPORT AND ENCOURAGE THESE STUDENTS OF NATURAL, ENVIRONMENTAL, AND AGRICULTURAL RESOURCES EDUCATION ON THE OCCASION OF THE CELEBRATION OF NATIONAL FFA WEEK, FEBRUARY 15-22, 1997.

H. 3364 -- Reps. Spearman, Lee, Allison, Byrd, Cobb-Hunter, Gamble, Hinson, Martin, Meacham, Miller, Moody-Lawrence, Mullen, Neilson, Parks, Rodgers, Seithel and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING OUR DISTINGUISHED COLLEAGUE, THE HONORABLE ELSIE RAST STUART, ON HER ELECTION AS PRESIDENT OF THE NATIONAL ORDER OF WOMEN LEGISLATORS.

H. 3386 -- Reps. Harvin and Young: A CONCURRENT RESOLUTION CONGRATULATING BILL FENTERS OF CLARENDON COUNTY ON BEING SELECTED AS POTENTATE OF OMAR SHRINE TEMPLE.

H. 3387 -- Reps. Harvin and Young: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE D. LESLIE TINDAL, STATE COMMISSIONER OF AGRICULTURE, ON BEING CHOSEN PRESIDENT-ELECT OF THE NATIONAL ASSOCIATION OF STATE DEPARTMENTS OF AGRICULTURE (NASDA).

H. 3406 -- Reps. T. Brown, Barfield, Edge, Kennedy, Harvin, Askins and Miller: A CONCURRENT RESOLUTION TO COMMEND THE THREE RIVERS HISTORICAL SOCIETY OF HEMINGWAY AND ITS OFFICERS AND MEMBERS FOR THEIR OUTSTANDING WORK IN CHRONICLING AND PRESERVING THE HISTORY AND GENEALOGY OF THE CITIZENS WHO LIVE IN HEMINGWAY, IN WILLIAMSBURG COUNTY, AND IN SURROUNDING COMMUNITIES AND COUNTIES LOCATED IN THE PEE DEE, BLACK, AND LYNCHES RIVERS REGION OF SOUTH CAROLINA.

ADJOURNMENT

At 10:50 A.M. the House in accordance with the motion of Rep. KEEGAN adjourned in memory of Carroll A. Campbell, Sr., father of former Governor Carroll A. Campbell, Jr., to meet at 10:00 A.M. tomorrow.

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