Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

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

All wise God, You know us better than we know ourselves.

Help us, then, to lay aside attributes that are harmful to others:

Enable us to avoid loose talk that we may know the meaning of thoughtfulness.

Help us to avoid fault finding that we may know the value of friendship.

Keep us free from hasty judgement that we may know the meaning of understanding.

Deny us pettiness that we may enjoy the meaning of great-heartedness.

Make us free of bitterness that we may possess the meaning of forgiveness.

All knowing God, make us good enough to be good neighbors at all times and always. 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 Friday, the SPEAKER ordered it confirmed.

Rep. KIRSH moved that when the House adjourns, it adjourn in memory of Maj. John G. Barnett of Clover, which was agreed to.

The following was received and referred to the appropriate committee for consideration.

Document No. 2160
Promulgated By Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 49-11-240
Dams and Reservoirs Safety Act Regulations
Received By Speaker March 18, 1997
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date July 16, 1997
(Subject to Sine Die Revision)

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

H. 3663 -- Reps. Wilkins, Haskins, Harrison, J. Brown, Sharpe, Townsend, Cato, H. Brown and D. Smith: A BILL TO AMEND SECTION 10-1-163, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT ALL PORTRAITS, FLAGS, BANNERS, MONUMENTS, STATUES, AND PLAQUES WHICH MAY BE REMOVED FROM THE STATE HOUSE DURING RENOVATIONS BE RETURNED TO THEIR ORIGINAL LOCATIONS WHEN THE STATE HOUSE IS REOCCUPIED, SO AS TO AUTHORIZE THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE TO APPROVE THE LOCATION OF THESE ITEMS IN THEIR RESPECTIVE CHAMBERS AND PROVIDE THAT THE LOCATION OF THESE ITEMS LOCATED OUTSIDE OF THE RESPECTIVE CHAMBERS MUST NOT BE CHANGED UNLESS APPROVED BY AN ACT PASSED BY THE GENERAL ASSEMBLY.

On motion of Rep. CATO, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3664 -- Rep. Hodges: A BILL TO AMEND SECTION 56-5-3650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN EQUIPMENT THAT MUST BE MAINTAINED ON A MOTORCYCLE, SO AS TO DELETE THE PROVISION THAT REGULATES THE HEIGHT OF MOTORCYCLE HANDLEBARS.

Referred to Committee on Education and Public Works.

H. 3665 -- Ways and Means Committee: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA COMPREHENSIVE INFRASTRUCTURE DEVELOPMENT AND FINANCING ACT" SO AS TO ESTABLISH A STATE PROGRAM TO COORDINATE INFRASTRUCTURE PLANNING AMONG STATE, REGIONAL, AND LOCAL UNITS OF GOVERNMENT, ASSIST IN DEVELOPMENT OF COMPREHENSIVE REGIONAL INFRASTRUCTURE DEVELOPMENT PLANS, AND IDENTIFY AND PROVIDE FUNDING AND FINANCIAL ASSISTANCE FOR CONSTRUCTING AND IMPROVING INFRASTRUCTURE; TO AMEND SECTION 12-28-2720, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE GASOLINE TAX, SO AS TO REVISE THE MANNER IN WHICH IT IS DISTRIBUTED; TO AMEND SECTION 12-28-2910, AS AMENDED, RELATING TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO REVISE THE ACCOUNT TO WHICH INTEREST EARNINGS ON THE ECONOMIC DEVELOPMENT ACCOUNT MUST BE CREDITED; TO AMEND SECTION 56-3-660, AS AMENDED, RELATING TO TRUCK REGISTRATION FEES, SO AS TO REQUIRE CERTAIN AMOUNTS OF FEE REVENUES TO BE CREDITED TO THE STATE HIGHWAY ACCOUNT OF THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK; AND TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO THE STATE HIGHWAY FUND, SO AS TO REVISE THE ACCOUNT TO WHICH INTEREST INCOME FROM THE STATE HIGHWAY FUND MUST BE CREDITED.

Without reference.

H. 3666 -- Reps. Wilkins, Haskins, J. Brown, H. Brown, Sharpe, Cato, Harrison, Townsend and D. Smith: A JOINT RESOLUTION TO ESTABLISH A 1998 SOUTHERN LEGISLATIVE CONFERENCE HOST COMMITTEE WHICH SHALL HAVE THE RESPONSIBILITY OF PLANNING AND MAKING ALL ARRANGEMENTS FOR THE 1998 ANNUAL MEETING OF THE SOUTHERN LEGISLATIVE CONFERENCE WHICH WILL BE HELD IN CHARLESTON, SOUTH CAROLINA, IN AUGUST 1998.

On motion of Rep. HASKINS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 3667 -- Reps. Kirsh and Simrill: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT THE COURT MAY NOT ISSUE AN ORDER PROHIBITING A CUSTODIAL PARENT FROM MOVING HIS RESIDENCE TO A LOCATION OUTSIDE OF THE STATE.

Referred to Committee on Judiciary.

H. 3668 -- Reps. Hodges and Boan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-330 SO AS TO AUTHORIZE THE GOVERNING BODY OF A SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICT WHOSE BOUNDARIES ARE CONTIGUOUS TO THOSE OF ANOTHER STATE TO ENTER INTO AGREEMENTS TO SUPPLY WATER OR SEWER SERVICE, OR BOTH, TO AREAS LOCATED IN THAT STATE.

Referred to Committee on Judiciary.

H. 3669 -- Reps. R. Smith, Wilkins, Boan, Harrell, Cobb-Hunter, Harvin, Webb, Jennings, Riser, Sharpe, Cromer, Felder, Cato, H. Brown and Witherspoon: A BILL TO AMEND CHAPTER 119, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLEMSON UNIVERSITY, BY ADDING ARTICLE 9, PROVIDING FOR CLEMSON UNIVERSITY ATHLETIC FACILITIES REVENUE BONDS.

Referred to Committee on Ways and Means.

H. 3670 -- Rep. Miller: A BILL TO AMEND SECTION 50-17-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF CRAB POTS FOR COMMERCIAL PURPOSES IN CERTAIN AREAS, SO AS TO PROHIBIT THE USE OF CRAB POTS FOR COMMERCIAL PURPOSES IN CERTAIN CREEKS ON PAWLEY'S ISLAND YEAR ROUND RATHER THAN BETWEEN SPECIFIED DATES.

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

H. 3671 -- Rep. Sheheen: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR TAKING ANTLERED DEER, SO AS TO PROHIBIT THE PURSUIT OF DEER WITH DOGS EXCEPT ON TRACTS OF MORE THAN SEVEN HUNDRED FIFTY CONTIGUOUS ACRES WHICH ARE OWNED OR LEASED BY THE PERSON PURSUING DEER WITH DOGS OR WHICH THIS PERSON HAS THE WRITTEN PERMISSION OF THE OWNER OR LESSEE THEREOF TO USE FOR THESE PURPOSES.

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

H. 3672 -- Reps. Simrill, Stille, Kirsh and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-196 SO AS TO PROVIDE THAT THE PRESIDENT OF ANY STATE-SUPPORTED INSTITUTION OF HIGHER LEARNING MAY NOT EARN ADDITIONAL INCOME OR CONSULTING FEES FROM ANY OTHER PUBLIC SOURCE IN AN AMOUNT EXCEEDING TEN PERCENT OF HIS COMPENSATION AS PRESIDENT AS PROVIDED IN THE ANNUAL GENERAL APPROPRIATIONS ACT, AND TO REQUIRE EARNED INCOME AND CONSULTING FEES FROM PRIVATE SOURCES TO BE APPROVED BY THE BOARD OF TRUSTEES OF THAT INSTITUTION AND THE STATE BUDGET AND CONTROL BOARD.

Referred to Committee on Ways and Means.

H. 3673 -- Reps. Kirsh, Meacham, Simrill and Moody-Lawrence: A BILL TO AMEND CHAPTER 11 OF TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANK DEPOSITS, BY ADDING SECTION 34-11-140 SO AS TO AUTHORIZE STATE AGENCIES TO ESTABLISH, COLLECT, AND RETAIN FINES TO COVER THE COST OF COLLECTING DISHONORED CHECKS.

Referred to Committee on Ways and Means.

H. 3677 -- Rep. Klauber: A BILL TO AMEND CHAPTER 1, TITLE 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM SECURITIES ACT, SO AS TO REVISE THE PROVISIONS OF THE CHAPTER BY DELETING CERTAIN LANGUAGE AND PROVISIONS, ADDING NEW PROVISIONS, AND PROVIDING, AMONG OTHER THINGS, FOR DEFINITIONS FOR THE TERMS "FEDERAL COVERED ADVISER" AND "FEDERAL COVERED SECURITY", THAT INVESTIGATIVE RECORDS AND COMPLAINTS FILED WITH THE SECURITIES COMMISSIONER ARE NOT CONSIDERED PUBLIC INFORMATION BUT ISSUED ORDERS, INCLUDING CERTAIN COMPLAINTS, ARE CONSIDERED PUBLIC RECORDS, THAT CERTAIN BROKER-DEALERS ARE EXEMPT FROM THE LICENSING REQUIREMENTS OF SECTION 35-1-410, THAT CERTAIN ACTIVITY IS UNLAWFUL, THAT EVERY INVESTMENT ADVISER REGISTRATION OR NOTICE FILING EXPIRES TWO YEARS FROM ITS EFFECTIVE DATE UNLESS RENEWED, THAT REGISTRATION OF AN INVESTMENT ADVISER AUTOMATICALLY CONSTITUTES REGISTRATION OF ANY INVESTMENT ADVISER REPRESENTATIVE WHO IS A PARTNER, OFFICER, OR DIRECTOR OR A PERSON OCCUPYING A SIMILAR STATUS OR PERFORMING SIMILAR FUNCTIONS, FOR CHANGES IN CERTAIN FEES, THAT THE SECURITIES COMMISSIONER MAY REQUIRE, WITH RESPECT TO INVESTMENT ADVISERS, THAT CERTAIN INFORMATION BE FURNISHED OR DISSEMINATED AS NECESSARY OR APPROPRIATE IN THE PUBLIC INTEREST OR FOR THE PROTECTION OF INVESTORS AND ADVISORY CLIENTS, FOR NOTICE FILINGS FOR FEDERAL COVERED SECURITIES, THAT UNLESS PROHIBITED BY RULE OR ORDER OF THE SECURITIES COMMISSIONER, AN INVESTMENT ADVISER REGISTERED UNDER THE INVESTMENT ADVISERS ACT OF 1940 MAY TAKE OR RETAIN CUSTODY OF SECURITIES OR FUNDS OF A CLIENT, AND THAT THE SECURITIES COMMISSIONER MAY REFER AVAILABLE EVIDENCE CONCERNING VIOLATIONS OF THIS CHAPTER OR OF ANY RULE OR ORDER UNDER THIS CHAPTER TO THE APPROPRIATE DIVISION OF THE ATTORNEY GENERAL'S OFFICE OR OTHER APPROPRIATE PROSECUTION, LAW ENFORCEMENT, OR LICENSING AUTHORITIES WHO MAY INSTITUTE THE APPROPRIATE PROCEEDINGS UNDER THIS CHAPTER.

Referred to Committee on Judiciary.

S. 24 -- Senator Mescher: A BILL TO AMEND SECTION 47-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF WILD CARNIVORES AS PETS, SO AS TO DELETE THE REFERENCE TO FERRETS AND EXEMPT THEM FROM THE PROHIBITION.

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

S. 267 -- Senators Giese and Lander: A BILL TO AMEND SECTION 14-7-1390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR NONATTENDANCE AS A JUROR IN ANY COURT OF THIS STATE, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 22-2-130, RELATING TO THE PENALTY FOR FAILURE OF A DULY SUMMONED JUROR IN MAGISTRATE'S COURT TO APPEAR, SO AS TO INCREASE THE PENALTY FOR VIOLATION; AND TO AMEND SECTION 22-3-950, RELATING TO A MAGISTRATE'S POWER TO PUNISH FOR CONTEMPT, SO AS TO INCREASE THE PENALTY FOR CONTEMPT.

Referred to Committee on Judiciary.

S. 269 -- Senators Setzler and Moore: A BILL TO AMEND CHAPTER 7, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION AND LICENSURE OF BARBERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR PROFESSIONAL AND OCCUPATIONAL BOARDS AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF BARBERS.

Referred to Committee on Labor, Commerce and Industry.

S. 271 -- Senator J. Verne Smith: A BILL TO AMEND CHAPTER 3, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND, AMONG OTHER THINGS, TO CLARIFY REQUIREMENTS FOR FIRM LICENSURE; TO PROVIDE THAT THE BOARD MAY INITIATE AN INVESTIGATION; TO EXPAND GROUNDS FOR DISCIPLINARY ACTION; AND REVISE EXAMINATION PROCEDURES.

Referred to Committee on Labor, Commerce and Industry.

S. 275 -- Senators Leventis, Ryberg, McConnell, Land, McGill, Jackson, Russell, Courson, Glover, O'Dell, Ravenel, Moore, Gregory, Reese, Thomas, Waldrep, Rose, Hutto and Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 TO CHAPTER 3, TITLE 47, SO AS TO PROVIDE FOR THE STERILIZATION OF DOGS AND CATS.

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

S. 359 -- Senator Giese: A BILL TO AMEND CHAPTER 35, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING AND REGULATION OF LONG TERM HEALTH CARE ADMINISTRATORS, 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 TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF LONG TERM HEALTH CARE ADMINISTRATORS INCLUDING TO FURTHER PROVIDE FOR NURSING HOME REPRESENTATION ON THE BOARD AND TO REVISE TIME FRAMES FOR REINSTATING LAPSED LICENSES.

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

S. 512 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2138, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 513 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO INSTRUCTIONAL RESOURCES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2133, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 514 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SUPPLEMENTARY MATERIALS SELECTION AND ADOPTION (WORKBOOKS) (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2019, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 515 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SCHEDULING FOR INSTRUCTION (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2132, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 516 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO STUDENT RECORDS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2139, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 517 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SCHOOL LIBRARIES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2134, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 518 -- Education Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CREATING MORE EFFECTIVE PARTNERSHIPS AMONG THE SCHOOLS, PARENTS, COMMUNITY, AND BUSINESS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2032, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 519 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO ACCREDITATION STANDARDS FILED (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2117, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 520 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO COLLEGE PREPARATORY PROGRAMS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2125, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 521 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO PILOT PROJECTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2122, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 522 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DRUG EDUCATION (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2129, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 523 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO CLASS SIZE (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2131, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 524 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO FIELD TRIPS AND EXCURSIONS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2135, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 525 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SUMMER PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2130, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 526 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO GUIDANCE PROGRAM (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2136, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 527 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO ADVANCED PLACEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2137, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 528 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO CURRICULUM FOR GRADES 9-12 (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2127, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 535 -- Banking and Insurance Committee: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 91 SO AS TO PROVIDE THAT GENETIC INFORMATION PERTAINING TO ACCIDENT AND HEALTH INSURANCE SHALL BE PRIVATE UNDER SPECIFIED CONDITIONS, TO PROVIDE FOR THE MANNER IN WHICH SUCH INFORMATION MAY BE USED AND DISCLOSED, AND TO PROVIDE CERTAIN CIVIL REMEDIES FOR VIOLATIONS.

Referred to Committee on Labor, Commerce and Industry.

The following was introduced:

H. 3674 -- Rep. R. Smith: A HOUSE RESOLUTION CONGRATULATING DOT KING OF AIKEN COUNTY ON BEING NAMED A FINALIST IN THE NATIONAL FAMILY LITERACY TEACHER OF THE YEAR COMPETITION AND COMMENDING HER FOR HER MANY YEARS OF EXEMPLARY SERVICE AND COUNTLESS CONTRIBUTIONS TO PUBLIC EDUCATION AND HER COMMUNITY.

The Resolution was adopted.

The following was introduced:

H. 3675 -- Reps. Cobb-Hunter, Stuart, Felder and Sharpe: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF UNITED STATES HIGHWAY 301 IN ORANGEBURG COUNTY FROM INTERSTATE HIGHWAY 26 TO UNITED STATES HIGHWAY 178 BYPASS IN HONOR OF THE HONORABLE MARSHALL BURNS WILLIAMS.

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

The following was introduced:

H. 3676 -- Rep. Tripp: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME SOUTH CAROLINA HIGHWAY 8 IN WARE PLACE, SOUTH CAROLINA, AS "WILLIAM CAMPBELL HIGHWAY" IN HONOR OF WILLIAM CAMPBELL AND TO ERECT THE APPROPRIATE SIGNS OR MARKERS.

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

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

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

I came in after the roll call and was present for the Session on Tuesday, March 18.

J. Michael Baxley                 Walter P. Lloyd
Douglas Jennings, Jr.             James Emerson Smith, Jr.
Ralph W. Canty                    Harry R. Askins
Jackson S. Whipper

The SPEAKER granted Rep. GOVAN a leave of absence for the week due to illness.

The SPEAKER granted Rep. DELLENEY a leave of absence for the day due to illness.

Announcement was made that Dr. John L. Eady of Columbia is the Doctor of the Day for the General Assembly.

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

H. 3641 -- Rep. Harvin: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON SEPTEMBER 5 AND 6, 1996, BY THE STUDENTS OF CLARENDON COUNTY SCHOOL DISTRICTS 1, 2, AND 3 IN CLARENDON COUNTY FOR SCHOOL YEAR 1996-97 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 3470 -- Reps. Kirsh, Edge, Barfield, Meacham and Simrill: A BILL TO AMEND CHAPTER 18, TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE, SO AS TO CHANGE THE TERM "COMMISSIONER" TO "DIRECTOR" AND TO CONFORM THE NAME OF THE DEPARTMENT OF LABOR TO THE GOVERNMENT RESTRUCTURING ACT OF 1993.

The following Joint Resolution was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

S. 14 -- Senator Short: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF OCTOBER 16, 1996, MISSED BY THE STUDENTS OF MCCROREY-LISTON ELEMENTARY SCHOOL OF THE FAIRFIELD COUNTY SCHOOL DISTRICT DUE TO THE LACK OF WATER IN THE SCHOOL, IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN.

The following Bill was taken up.

H. 3175 -- Rep. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR BUILDING CODES ENFORCEMENT OFFICERS, AND FOR THEIR FUNCTIONS, DUTIES, AND REGISTRATION; BY ADDING SECTION 38-7-35 SO AS TO PROVIDE THE FIRST TWO HUNDRED FIFTY THOUSAND DOLLARS OF THE PREMIUM TAX LEVIED ON FIRE INSURERS MUST BE USED FOR THE PURPOSE OF IMPLEMENTING THE TRAINING, CERTIFICATION, AND CONTINUING EDUCATION PROGRAM FOR BUILDING CODES ENFORCEMENT OFFICERS; TO AMEND CHAPTER 9, TITLE 6, AS AMENDED, RELATING TO BUILDING CODES, SO AS TO REVISE THE REQUIREMENTS FOR THESE CODES, AND THE MANNER IN WHICH COUNTIES AND MUNICIPALITIES MUST ADOPT AND ENFORCE THOSE CODES, REVISE THE MEMBERSHIP OF THE BUILDING CODES COUNCIL, REVISE PENALTIES, PROVIDE FOR DUTIES OF THE STATE FIRE MARSHAL AND DEPUTY FIRE MARSHALS IN REGARD TO THESE CODES, AND PROVIDE FOR LIMITED APPLICATION OF THE CHAPTER; AND TO REPEAL CHAPTER 10 OF TITLE 6 RELATING TO THE SOUTH CAROLINA BUILDING ENERGY EFFICIENCY STANDARD ACT.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20360DW.97), which was adopted.

Amend the bill, as and if amended, by striking SECTION 2 and inserting the following:

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

"Section 38-7-35.     (A) The first one hundred and seventy-five thousand dollars of the revenue collected annually pursuant to Section 38-7-30 must be transferred to the Department of Labor, Licensing and Regulation for the purpose of implementing the training, certification, and continuing education program for building codes enforcement officers as provided in Section 6-8-70 and by law.

(B) The Department of Labor, Licensing and Regulation shall report annually to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee detailing actual program expenditures including, but not limited to, the number of instructors employed, the number of training sessions conducted, and the number of certifications issued. This report must be submitted to the respective chairman no later than January fifteenth of each year."/

Amend the bill further, as and if amended, page 7, by striking Section 6-9-50(A), as contained in Section 3, lines 1-16, and inserting:

/SECTION     3.     Section 6-9-50(A) of the 1976 Code is amended to read:

"Section 6-9-50.     (A)     County governing bodies have the authority to establish codes and promulgate regulations under this chapter for the entire unincorporated area of the county or for any specified portion of the unincorporated area. Municipalities and counties shall adopt by reference only those provisions of the latest editions of the following nationally known codes and the standards referenced in the codes for regulation of construction which directly relate to building and safety standards within their respective jurisdictions: Standard Building Code, Standard Gas Code, Standard Plumbing Code, Standard Mechanical Code, the Standard Fire Prevention Code, as published by the Southern Building Code Congress International, Inc., the Model Energy Code as published by the Council of American Building Officials, and the National Electrical Code, as published by the National Fire Protection Association. The appendixes of the codes provided in this section may be adopted as needed by a municipality or county, but this fact must be referenced by name or letter designation in the adoption ordinance. However, the provisions of the codes provided in this section concerning the qualification, removal, dismissal, duties, responsibilities, and administrative procedures regarding all building officials, deputy building officials, chief inspectors, any inspector, and assistants do not apply unless otherwise adopted by the applicable governing body."/

Amend further, page 7, by striking Section 6-9-60(A) as contained in SECTION 3, beginning on line 39 and continuing on page 8, lines 1-21, and inserting:

/(A)     Municipalities or and counties are authorized to may adopt by reference only those provisions of the latest editions of the following nationally known codes and the standards referenced in the codes for regulation of construction which directly relate to building and safety standards within their respective jurisdictions: Standard Building Code, Standard Housing Code, Standard Gas Code, Standard Plumbing Code, Standard One and Two Family Dwelling Code, Standard Mechanical Code, Standard Fire Prevention Code Standard Existing Building Code, Standard Swimming Pool Code, the Standard Excavation and Grading Code, National Electrical Code, and National Fire Protection Association Gas Codes as published by the Southern Building Code Congress International, Inc., and the One and Two Family Dwelling Code, as published by the Council of American Building Officials. The appendixes of the codes provided in this section may be adopted as needed by a municipality or county, but this fact must be referenced by name or letter designation in the adopting ordinance. However, the provisions of the codes provided in this section concerning the qualification, removal, dismissal, duties, responsibilities, and administrative procedures regarding all building officials, deputy building officials, chief inspectors, any inspector, and assistants do not apply unless otherwise adopted by the applicable governing body. If a county or municipality adopts the One and Two Family Dwelling Code, the One and Two Family Dwelling Code shall take precedence over the Standard Building Code for dwellings as defined in the Standard Building Code. Should any city, town, If a municipality or county contend contends that the codes authorized by this chapter do not meet its needs due to local physical or climatological conditions, the variations and modifications must be submitted for approval to a the South Carolina Building Code Codes Council of thirteen fifteen members which is established in this section."/

Amend further, page 8, by striking Section 6-9-60(B), as contained in SECTION 3, beginning on line 22 and continuing on page 9, lines 1-33, and inserting:

/"(B)     Members of this the council must be appointed by the Governor for terms of four years each and until a successor is appointed and qualifies. The council shall consist of include an (1) architect registered in South Carolina, representatives (2) a municipal administrator, manager, or elected official from the Municipal Association of South Carolina, (3) a county administrator, manager, or elected official the South Carolina Association of Counties, the Building Officials' Association of South Carolina, South Carolina Building Trade Council, (4) a representative from of the electric utility electrical industry who is either an engineer or master electrician registered in South Carolina, a representative of the Carolinas Branch of the Associated General Contractors of America, Inc., representatives from the gas, electric, and plumbing industries, a representative of the Home Builders Association of South Carolina, (5) a general contractor licensed in South Carolina, (6) a residential home builder licensed in South Carolina, (7) a handicapped disabled person, and the Chief Engineer of the State Budget and Control Board (8) a representative of the mechanical and gas industries who is either an engineer registered in South Carolina or a master mechanic, (9) a representative of the plumbing industry who is either an engineer registered in South Carolina or a master plumber, (10) a representative designated by the State Engineer of the Budget and Control Board, (11) a structural engineer registered in South Carolina, (12) a representative of the general public who is not in the practice of home or safety inspection, construction, or building, who does not have any financial interest in these professions, and who does not have any immediate family member in these professions, (13) a representative designated by the State Fire Marshal, (14) a representative from the Manufactured Housing Institute of South Carolina who shall serve as a nonvoting member, and (15) a representative designated by the Director of the State Energy Office of the Budget and Control Board who shall serve as a nonvoting member. At least one member of the council must be a member of each of the congressional districts, to be appointed, if positions become vacant, in the order provided below or as resignations occur. A vacancy must be filled in the manner of the original appointment for the unexpired portion of the term. The primary function of the council is to decide to what extent any a jurisdiction may vary from the series of codes listed in this section chapter in the establishment of construction standards. The council shall monitor the adoption of building codes by cities municipalities and counties to insure ensure compliance with this chapter. Of the members initially appointed by the Governor, four shall serve for terms of two years, four shall serve for four years, and five shall serve for terms of six years. After the initial appointment, all appointments are for terms of six years. Members of the council shall receive mileage, subsistence, and per diem as provided for other state boards, committees, or commissions for attendance at board meetings called by the chairman. The council shall elect from its appointive members a chairman, vice-chairman, and secretary. The council shall adopt regulations not inconsistent consistent with this chapter. Meetings may be called by the chairman on his own initiative and must be called by him at the request of three or more members of the council. All members must be notified by the chairman in writing of the time and place of meeting at least seven days in advance of the meeting. Seven members constitute a quorum. All meetings are open to the public. At least two-thirds vote of those members in attendance at the meeting constitutes an official decision of the council."/

Amend further, page 10, by striking lines 19-28, Section 6-9-70(A), as contained in SECTION 3, and inserting:

/Section 6-9-70(A) of the Code of Laws is amended to read:

"Section 6-9-70.     (A)     The violation of any of the codes or regulations adopted pursuant to the provisions of this chapter is declared to be a misdemeanor, and any A person violating found to be in violation of the building codes or regulations adopted pursuant to the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed one hundred dollars or imprisonment of not more than thirty days fined, by civil fine, in an amount not more than two hundred dollars. Each day the violation continues is a separate offense. However, this provision does not prevent a county or municipality from exercising its authority to impose by ordinance criminal sanctions of a fine of not more than two hundred dollars or imprisonment for not more than thirty days in lieu of the civil penalties required by this provision."/

Amend further, page 11, by striking Section 6-9-90, as contained in SECTION 3, lines 9-18, and inserting:

/"Section 6-9-90.     County or municipal governing bodies are authorized to appropriate and expend funds to implement the provisions of this chapter. Notwithstanding any other provision of law, the governing body of a county or municipality may impose fees necessary to implement and continue the programs required by this chapter."/

Amend further, page 12, lines 17-22, by striking SECTION 5, and inserting:

/SECTION     5.     The public policy of South Carolina is to maintain reasonable standards of construction in buildings and other structures in the State consistent with the public health, safety, and welfare of its citizens. To secure these purposes a person performing building codes enforcement must be certified by the South Carolina Building Codes Council, and this act is necessary to provide for certification. To clarify the intent of the General Assembly and address questions which might arise or have arisen with respect to provisions of the nationally known codes which have been or are in place, only those portions or provisions of the nationally known building and safety codes which relate to building standards and safety are binding upon any state or local governmental entity or agency which adopts the building and safety codes authorized or required by Chapter 9 of Title 6 of the South Carolina Code of Laws./

Renumber sections to conform.

Amend totals and title to conform.

Rep. BAILEY explained the amendment.

The amendment was then adopted.

Rep. BAILEY proposed the following Amendment No. 2 (Doc Name P:\AMEND\PSD\7119AC.97), which was adopted.

Amend the bill, as and if amended, Section 6-9-110, Page 11, Line 37 by deleting /excluding/ and inserting /including/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. BAILEY explained the amendment.

The amendment was then adopted.

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

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

H. 3635 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF FINANCIAL INSTITUTIONS, RELATING TO ADJUSTMENT OF DOLLAR AMOUNTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2069, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. GAMBLE explained the Joint Resolution.

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

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.

Rep. R. SMITH explained the Senate amendments.

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

Rep. HASKINS moved that when the House adjourns it adjourn to meet at 11:30 A.M. tomorrow, which was agreed to.

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

The Senate returned to the House with concurrence the following:

H. 3645 -- Rep. Beck: A CONCURRENT RESOLUTION RECOGNIZING AND THANKING THOMAS W. (TOM) GREENE FOR HIS MANY YEARS OF OUTSTANDING AND DEDICATED SERVICE AS MAYOR OF NORTH AUGUSTA AND AS A NORTH AUGUSTA CITY COUNCILMAN AND WISHING HIM SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT FROM PUBLIC OFFICE.

H. 3646 -- Rep. Beck: A CONCURRENT RESOLUTION COMMENDING MAYOR PRO TEM WILLIAM L. (BILL) GRAY OF NORTH AUGUSTA FOR HIS MANY YEARS OF EXCELLENT PUBLIC SERVICE AS A NORTH AUGUSTA CITY COUNCILMAN AND WISHING HIM SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT FROM OFFICE.

H. 3660 -- Rep. Hinson: A CONCURRENT RESOLUTION CONGRATULATING THE STRATFORD HIGH SCHOOL KNIGHTS OF GOOSE CREEK AND COACH JOHN CHALUS FOR THEIR FIRST EVER AAAA STATE BASEBALL CHAMPIONSHIP.

H. 3662 -- Rep. Hinson: A CONCURRENT RESOLUTION COMMENDING THE STRATFORD HIGH SCHOOL LADY KNIGHTS OF GOOSE CREEK, SOUTH CAROLINA, AND COACH DEBRA TOLAR FOR THEIR 31-6 SEASON, CAPPED BY WINNING THE AAAA STATE SOFTBALL CHAMPIONSHIP.

At 12:40 P.M. the House in accordance with the motion of Rep. KIRSH adjourned in memory of Maj. John G. Barnett of Clover, to meet at 11:30 A.M. tomorrow.

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