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 God, grant that we may meet the tasks of this day with a firm confidence in Your undergirding and sustaining presence. Fill us with an ever increasing desire to have our people blessed by what they hear in what we say and do. Grant us the ability to make right judgments, wise decisions, and take sound actions for the welfare of our people. Teach us to forgive as You have forgiven us, to practice charity as You deal charitably with us.

Lead us on, Lord God, lead us on. Amen.

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

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

Rep. NEILSON moved that when the House adjourns, it adjourn in memory of Thomas Stillwell of Inman, which was agreed to.

The proceedings taken in Room 522 on April 2nd, 1997 and Room 424 on April 7th, 1997, Blatt Building, Columbia, South Carolina, before Rita L. Creel, Certified Court Reporter and Notary Public in and for the State of South Carolina.

PRESENT - Wednesday, April 2, 1997

Representative Eugene C. Stoddard, Chairman
422B Blatt Building
Columbia, South Carolina 29201

Senator Addison "Joe" G. Wilson, Vice Chairman
211 Gressette Building
Columbia, South Carolina 29201

Senator Warren K. Giese
512 Gressette Building
Columbia, South Carolina 29201

Senator Maggie W. Glover
613 Gressette Building
Columbia, South Carolina 29201

Representative Curtis B. Inabinett
328D Blatt Building
Columbia, South Carolina 29201

Representative Olin Phillips
Blatt Building
Columbia, South Carolina 29201

PRESENT - Wednesday, April 9, 1997

Representative Eugene C. Stoddard, Chairman
422B Blatt Building
Columbia, South Carolina 29201

Representative Curtis B. Inabinett
328D Blatt Building
Columbia, South Carolina 29201

Representative Lanny F. Littlejohn
Blatt Building
Columbia, South Carolina 29201

Senator James E. Bryan, Jr.
Gressette Building
Columbia, South Carolina 29201

ALSO PRESENT:

Ms. Sophia Floyd

Coastal Carolina University (8 seats)
Mr. Delan Stevens                     Seat 2, 1st

Congressional District
Dr. James F. Kane                         Seat 4, 2nd

Congressional District
Mr. William L. Lyles, Jr.             Seat 6, 3rd

Congressional District
Mr. Keith S. Smith                     Seat 8, 4th

Congressional District
Mr. Robert D. Brown                 Seat 10, 5th

Congressional District
Mr. Ellis Rogers                         Seat 10, 5th

Congressional District
Mrs. Cathy Harvin                         Seat 12, 6th

Congressional District
Mr. Dean Hudson                         Seat 14 at-large
Mr. Joseph O. Burroughs, Jr.     Seat 15 at-large
Mr. J. Egerton Burroughs             Seat 15 at-large
Mr. Richard Harrington                 Seat 15 at-large

South Carolina State University (4 Seats)
Dr. James. W. Sanders                 Seat 5, 5th

Congressional District

Ms. Jannette Henry                     Seat 5, 5th

Congressional District
Mr. Edwin Givens                         Seat 6, 6th

Congressional District

Ms. Angela G. Brown                 Seat 6, 6th

Congressional District
Mr. Stephon Edwards                 Seat 8 at-large

Mr. Jim Furtick                             Seat 8 at-large
Mr. Warren Darby                         Seat 8 at-large
Mrs. Theresa Counts-Davis         Seat 8 at-large

Mr. J. D. Hydrick                         Seat 8 at-large
Dr. James A. Boykin                     Seat 10 at-large

Ms. Rhonda Parish                     Seat 10 at-large

Mr. William Clinkscales             Seat 10 at-large

Mr. Ellis Rogers                         Seat 10 at-large

Wil Lou Gray Opportunity School (4 Seats)

Ms. Clotilda D. Diggs                 at-large

Mr. Russell Hart                         at-large

Ms. Elizabeth Thrailkill             at-large

Ms. Jennalyn Dalrymple             at-large

Mr. Dan Smith                             at-large

Mr. Robert Moeller                     at-large

CHAIRMAN STODDARD:     We appreciate all of you coming this morning. We are indeed lucky to have so many qualified people to appear to seek public service which is so oftentimes unrewarding. Our committee members are Representative Olin Phillips, on the far left; Representative Curtis Inabinett, on the left, Senator Giese on my right. Historically by law, we have always waived screening, that is, the formal part. We have cleared records and all of you have been searched pretty good. The only thing we found was one person with a misdemeanor, a minor incident. So I entertain a motion to waive screening for those unopposed candidates.
MR. INABINETT:     So moved.
CHAIRMAN STODDARD:     Mr. Inabinett moves, Mr. Giese seconds it. We waive screening for the unopposed candidates. Those of you who are unopposed may depart at your liberty, or you may remain for the rest of the screening session. That would be ...
MR. PHILLIPS:     Mr. Chairman?
CHAIRMAN STODDARD:     Yes, Mr. Phillips?
MR. PHILLIPS:     If you would, would you read the names of the unopposed for the record?
CHAIRMAN STODDARD:     Coastal CarolinA:     Mr. Delan Stevens, Dr. James F. Kane, Mr. William L. Lyles, Jr., Mr. Keith S. Smith, Ms. Cathy Harvin, Mr. Dean Hudson. I believe that's all of the unopposed. So we will commence now with those who have opposition. Mr. Robert Brown. Is Mr. Brown present?
MR. BROWN:     Here.
CHAIRMAN STODDARD:     Would you come forward, please, sir, to the podium there? Raise your right hand, please. Mr. Brown, do you swear that the foregoing testimony is the truth, nothing but the truth so help you God?
MR. BROWN:     I do.
MR. BROWN - EXAMINATION BY CHAIRMAN STODDARD:
Q:     Mr. Brown, do you have any health related problems the screening committee should be made aware of?
A:     No, I do not.
Q:         Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
A:     Yes, I could.
Q:     Do you have any interests, professionally or personally, that would present a conflict of interest because of your service on the board?
A:     No, I do not.
Q:     Do you now hold any public position of honor or trust that if elected to the board would cause you to violate the dual office holding clause of the Constitution?
A:     No, I do not.
CHAIRMAN STODDARD:     Any questions of Mr. Brown? Senator Giese.
EXAMINATION BY SENATOR GIESE:
Q:     Mr. Brown, what is of particular interest at Coastal Carolina for you?
A:     Well, I'm interested in all education. As you know from my letter you have here, I've been in education all my life. I've been an athletic coach on the college level for many, many years. I've dealt with youth, young people. I know how to talk to them, I understand them. I know accountability. Coastal is a tremendous opportunity there. It's sort of like a virgin college in that it is on its own now for the last four years. It's in a tremendous location. We have a fantastic student body there. There are opportunities there for growth and development, and I expect that in the not too distant future, it will be one of the greatest universities in our country and with respect to the nation. It has a lot of room for growth, and I feel that I could be helpful in that growth and development.
SENATOR GIESE:     Thank you.
CHAIRMAN STODDARD:     Any other questions, gentlemen?
MR. INABINETT:     I have one question.
CHAIRMAN STODDARD:     Mr. Inabinett.
EXAMINATION BY MR. INABINETT:
Q:     A lot of colleges and universities in most cases always need additional finances, financial support. Can you tell us if you have any projections as to what you might be able to do financially by way of bringing in funds for the college?
A:     Yes, I would like to address that. As from my vitae you have there, I was head football coach at Morris College in Sumter for a number of years. My brother was John Brown, Athletic Director of Benedict College. We played all the schools. We know a lot of people. I know tremendous people in the state. Ms. Glover has been to some of our meetings. And I am president of the Kershaw County Black Caucus, and we've had all politicians, republican and democrats in, and I do know a lot of people. And I don't see any problem in ... we do get communication from the ... our treasurer of the college asking us to exert ourselves to get two people aboard, donations and contributions, and we've been very successful at it.
Q:     Were you ever able to get large corporations to make financial contributions to the institutions that you were affiliated with?
A:     Yes. I'm affiliated with Johnson C. Smith University, also. I'm a graduate of that school in Charlotte, North Carolina. And I've coached at Shaw University, Howard University, and many other schools, and we're called upon many times to give donations to these institutions, along with Coastal Carolina. And what I intend to do is to use the people that I know throughout the state and outside of the state to let them know what the need is. I do not ask them for any set amount. But I do ask them if they can, please do whatever they can because we're in need.
SENATOR INABINETT:     Thank you, sir.
CHAIRMAN STODDARD:     Any other questions, gentlemen? Thank you, sir.
A:     Thank you.
CHAIRMAN STODDARD:     Next, we will hear from Mr. Ellis Rogers. Raise your right hand, please. Do you swear that the foregoing testimony is the truth, nothing but the truth so help you God?
MR. ROGERS:     Yes, sir.
MR. ROGERS - EXAMINATION BY CHAIRMAN STODDARD:
Q:     Do you have any health related problems the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
A:     No, sir, I don't.
Q:     Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
A:     Yes, sir.
Q:     Do you have any interests, professionally or personally, that would present a conflict of interest because of your service on the board?
A:     No, sir.
Q:     Do you know hold any public position of honor or trust that if elected to the board would cause you to violate the dual office holding clause of the Constitution?
A:     No, sir, I don't.
CHAIRMAN STODDARD:     Any questions of Mr. Rogers?
EXAMINATION BY MR. INABINETT:
Q:     I have the same question with reference to ...
CHAIRMAN STODDARD:     Mr. Inabinett.
MR. INABINETT:     Thank you ...
Q:     ... with reference to helping the college financially.
A:     Sir, I'm willing, able, and whatever it takes to bring in funds, if that means holding, you know, charity fund raisings, anything like that, getting to know people as a person in general. I'm willing to do it. I'm willing to give a hundred percent of my time.
MR. INABINETT:     Thank you, sir.
CHAIRMAN STODDARD:     Any other questions? Thank you, Mr. Rogers. Next, we have Seat 16 at-large, Mr. Joseph O. Burroughs, Jr. Good morning. Raise your hand, please. Mr. Burroughs, do you swear the foregoing testimony is the truth, nothing but the truth so help you God?
MR. BURROUGHS, JR:     I do.
MR. BURROUGHS - EXAMINATION BY CHAIRMAN STODDARD:
Q:     Mr. Burroughs, do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
A:     No, sir, I do not.
Q:     Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
A:     Yes, sir.
Q:     Do you have any interests, professionally or personally, that would present a conflict of interest because of your service on the board?
A:     I do not.
Q:     Do you now hold any public office, position of honor or trust that if elected to the board would cause you to violate the dual office holding clause of the Constitution?
A:     No, sir.
CHAIRMAN STODDARD:     Any questions of this gentleman?
MR. INABINETT:     I have the same question.
A:     I have served on the Coastal athletic board, the C-Note Club, the booster club board, for about ten years, and over those ten years, that's all we do, is try to raise money for the athletic program. I am not a person who has tremendous contacts throughout the state, but I think I've shown as president of their organization, and just being a member of that for ten years, that I am capable of raising money and don't mind going out and asking for it. I realize that the state has their budget problems as far as more money for universities and colleges throughout the state. I know that's falling on the private sector more and more now. So I realize that that's a part of what I'll be facing as a trustee if I'm elected. So I'm willing to do that and I do have some experience.
CHAIRMAN STODDARD:     Senator Giese?
EXAMINATION BY SENATOR GIESE:
Q:     Do you have any plans for a field house or basketball arena?
A:     I don't have any plans for it, but I think Coastal has definite plans for it. There has been a lot of talk on the booster club board about that. There is talk with the administration about it. I'm aware of all that. And it was talked at one time of trying to share the convention center in Myrtle Beach, and I don't believe that's working out. It's my personal feeling we are probably going to need a building like that on campus, but that's just a feeling here. I'm not aware of the money that's got to go into that sort of thing. I think I would be open either way to it.
SENATOR GIESE:     Thank you.
CHAIRMAN STODDARD:     Any other questions? Thank you, sir.
A:     Thank you.
CHAIRMAN STODDARD:     I might add that the other members of our committee have other commitments. Possibly some of them will be coming in from time to time. But all of this is a record, and will be, of course, reviewed by them. Next on the list, we have Mr. J. Egerton Burroughs.
MR. BURROUGHS:     Good morning.
CHAIRMAN STODDARD:     Yes. Mr. Burroughs, raise your hand, please, sir.
MR. BURROUGHS:     Yes, sir.
CHAIRMAN STODDARD:     Do you swear that the foregoing testimony is the truth, nothing but the truth so help you God?
MR. BURROUGHS:     I do.
MR. BURROUGHS - EXAMINATION BY CHAIRMAN STODDARD:
Q:     Do you have any health related problems the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
A:     No, sir.
Q:     Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
A:     Yes, sir.
Q:     Do you have any interests, professionally or personally, that would present a conflict of interest because of your service on the board?
A:     No, sir.
Q:     Do you now hold any public positions of honor or trust that if elected to the board would cause you to violate the dual office holding clause of the Constitution?
A:     No, sir.
CHAIRMAN STODDARD:     Any questions of this gentleman?
MR. INABINETT:     I have the same question.
CHAIRMAN STODDARD:     Mr. Inabinett.
EXAMINATION BY MR. INABINETT:
Q:     Thank you, sir ... with reference to your ability to bring financial assistance to the institution.
A:     I believe Coastal Carolina, like all the institutions of higher education in the state, will have increasingly difficult times coming by the necessary funds to operate from traditional sources. The state is heavily burdened by many obligations and requests for funds. I think Coastal Carolina, as all the other institutions, will have to aggressively go after innovative ways for financing. They will have to go to the business community, industry and look for innovative programs to not only obtain funds for the school, but to assist the students in funding for their education. I believe that I have many times before had to go to different federal sources, state, and other places working with committees and people raising funds for numerous sources in the private industry. And I would be delighted and work diligently to help secure these additional funds for Coastal.
MR. INABINETT:     Thank you, sir.
CHAIRMAN STODDARD:     Any other questions, gentlemen? Thank you, Mr. Burroughs.
A:     Thank you.
CHAIRMAN STODDARD:     We've just had Senator Glover to join us. Next on our agenda is Mr. Richard Harrington. Raise your hand, please, Mr. Harrington. Do you swear the foregoing testimony is the truth, nothing but the truth so help you God?
MR. HARRINGTON:     I do.
MR. HARRINGTON - EXAMINATION BY CHAIRMAN STODDARD:
Q:     Mr. Harrington, do you have any health related problems the screening committee should be aware of that would prevent you from serving on the board in a full capacity?
A:     No.
Q:     Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
A:     Yes, sir.
Q:     Do you have any interests, professionally or personally, that would present a conflict of interest because of your service on the board?
A:     No, sir.
Q:     Do you now hold any public positions of honor or trust that if elected to the board would cause you to violate the dual office holding clause of the Constitution?
A:     No, sir.
CHAIRMAN STODDARD:     Any questions, gentlemen? Mr. Inabinett?
EXAMINATION BY MR. INABINETT:
Q:     Sir, I have the same question, Mr. Harrington. Your contacts or projections for helping the institution financially.
A:     I do not have the present contacts, but in my past, I was very involved in fund raising. Not exactly fund raising, but getting money into the university, universities, Johns Hopkins University, for physically developing and program expansion. I was with the St. Judes Childrens Research Hospital for a number of years. I served as a member of the board of trustees. St. Judes is the largest fund raising institution in the country. They raise over $100 million a year. While I was in the operational part of that activity, the fund raising was under another part, but it had some interlocking trusteeships, the board of trustees and board of directors. I did not directly become involved in the everyday development of various contacts for fund raising, but I did become involved in the presentation and discussions and meetings with certain organizations for fund raising purposes.
MR. INABINETT:     Thank you, sir.
CHAIRMAN STODDARD:     Senator Giese?
EXAMINATION BY SENATOR GIESE:
Q:     When did you move to South Carolina?
A:     1990.
Q:     1990?
A:     Yes.
Q:     And your job you are retired from? I know you've got a little age on you here. I'm looking at this. You served ...
A:     I have not been inactive, sir. I've been active in the Myrtle Beach area.
CHAIRMAN STODDARD:     Senator, that's maturity.
SENATOR GIESE:     Maturity?
CHAIRMAN STODDARD:     That's right.
Q:     But your last job was at St. Judes?
A:     St. Judes Childrens Research Hospital. That's correct. I was there approximately fifteen years.
SENATOR GIESE:     Thank you.
CHAIRMAN STODDARD:     Any other questions, gentlemen? Thank you, sir. That completes our screening of Coastal Carolina contestants. We now move to South Carolina State University. If there are any of you who are unopposed, we have received and passed a motion that we waive screening on those who were unopposed. We appreciate your attendance. You may leave, though, if you desire. We have Dr. James W. Sanders, Seat 5. That is the 5th Congressional District. Dr. Sanders.
DR. SANDERS:     Good morning, sir.
CHAIRMAN STODDARD:     Raise your hand, please, sir. Do swear the foregoing testimony is the truth, nothing but the truth so help you God?
DR. SANDERS:     I do.
DR. SANDERS - EXAMINATION BY CHAIRMAN STODDARD:
Q:     Dr. Sanders, do you have any health related problems that the screening committee should be made aware of that would prevent you from serving the board in a full capacity?
A:     None that I know of, sir.
Q:     Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
A:     Yes.
Q:     Do you have any interests, professionally or personally, that present a conflict of interests because of your service on the board?
A:     No, sir.
Q:     Do you now hold any public position of honor or trust if elected to the board would cause you to violate the dual office holding clause of the Constitution?
A:     No, I don't.
CHAIRMAN STODDARD:     Any questions of this gentleman?
MR. INABINETT:     Yes, sir.
EXAMINATION BY MR. INABINETT:
Q:     Dr. Sanders ...
CHAIRMAN STODDARD:     Mr. Inabinett.
Q:     ... I have the same question with reference to your ability to bring in additional financing to the institution.
A:     I've really been working with the institution for the past four years and striving to do some of the things that I hear you talking about in regards to raising funds and activities of that sort. So, we have been working with them, we have been giving. We've been giving our personal resources in an effort to alleviate some of those financial burdens that are upon the school today that have to be met. We also have contacts throughout the state in many areas that we certainly continue to try to encourage to be supportive of those kinds of funds that would help the school make progress along the lines that you are talking about.
MR. INABINETT:     Thank you.
CHAIRMAN STODDARD:     Senator Giese?
EXAMINATION BY SENATOR GIESE:
Q:     You were on the board the last four years?
A:     Yes.
Q:     And surely you are aware of the situation with the school of nursing?
A:     That's correct.
Q:     And could you tell me what your feelings are about continuing the school of nursing?
A:     Well, we were elated to find out that we were able to continue that program there at the school because we feel that is a very needed program and one that certainly, we feel is on the upgrade and moving progressively to meet those kinds of needs that are there. So we are very much in favor of that, and we were just delighted to be given that opportunity once again to do so.
Q:     The point I'm trying to press is, is the board committed to giving the support that it needs to give to the president so that this can be successful?
A:     Yes. As vice-chair of the board, I would like to think that I have the ability of knowing that we are willing do that. It is an concerted effort of the board to try to make sure that that success is given and that we are giving the president the kind of support that is needed to help to make this program a success.
SENATOR GIESE:     Thank you.
CHAIRMAN STODDARD:     Any other questions of the doctor? Thank you, Doctor. Next, we have Ms. Jannette Henry. Raise your right hand, please, Ms. Henry. Do you swear the foregoing is the truth, nothing but the truth so help you God?
MS. HENRY:     I do.
MS. HENRY - EXAMINATION BY CHAIRMAN STODDARD:
Q:     Ms. Henry, do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
A:     No, I don't.
Q:     Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
A:     Yes, I will.
Q:     Do you have any interests, professionally or personally, that would present a conflict of interest because of your service on the board?
A:     No, I don't.
Q:     Do you now hold any public position of honor or trust that if elected to the board would cause you to violate the dual office holding clause of the Constitution?
A:     No, I do not.
CHAIRMAN STODDARD:     Questions?
EXAMINATION BY MR. INABINETT:
Q:     Ms. Henry, I have the same questions with reference to the additional financing for the institution. Can you tell us what your projections are or what you might be able to bring to the table by way of financial assistance?
A:     I have been fortunate to be able to work with small corporations and large corporations in order to get money for various things in our school district, such as the Fairfield Business Education Partnership Committee. I have learned the types of presentations that big businesses or corporations like to have when you go to ask for money, so I know how to do that. I also have had a lot of experience in working with a scholarship endowment where there was virtually no money, and I basically had to do all the planning, the fund raising, the whole nine yards. So I've had quite a bit of experience in working with businesses, with people, because I've had to get money from various individuals for things, and large corporations. And I feel I could bring that experience to the table.
MR. INABINETT:     Thank you.
CHAIRMAN STODDARD:     Any other questions of the lady?
MR. PHILLIPS:     Yes, Mr. Chairman.
CHAIRMAN STODDARD:     Mr. Phillips.
EXAMINATION BY MR. PHILLIPS:
Q:     Ms. Henry, can you give us any insight of what you could do as far as advancing the university plans, anything you can share with us at this time, reasons you are offering for this position?
A:     I feel after listening to Dr. Davis' speech about two weeks ago, some of the things that the university is going to be entering into, I have that educational experience. I'm particularly interested in the performance accountability funding. That's something that I'm very interested in and have read a lot on, and I think with my educational experience, I could bring a lot to the table with that. I also feel that with the experiences that I have had in the past, I can greatly enhance the organization's goals.
CHAIRMAN STODDARD:     Any other questions? Thank you, ma'am. Next, we have Seat 6, Mr. Edwin Givens. Raise your right hand, please, Mr. Givens. Do you swear the foregoing testimony is the truth, nothing but the truth so help you God?
MR. GIVENS:     I do.
MR. GIVENS - EXAMINATION BY CHAIRMAN STODDARD:
Q:     Mr. Givens, do you have any health related problems the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
A:     No, I don't.
Q:     Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
A:     Yes, I will.
Q:     Do you have any interests, professionally or personally, that would present a conflict of interest because of your service on the board?
A:     No, I don't.
Q:     Do you now hold any public position of honor or trust that if elected to the board would cause you to violate the dual office holding clause of the Constitution?
A:     No, I don't.
CHAIRMAN STODDARD:     Any questions of the gentleman? Senator Giese.
EXAMINATION BY SENATOR GIESE:
Q:     Mr. Givens, what led you to show an interest in the board, serving on the board?
A:     Thank you, Senator Giese. I became interested in the board some two years ago when I was first elected to the board. I'm a 1985 graduate of South Carolina State University. I'm a graduate of the University of South Carolina School of Law. And while at South Carolina State, while I matriculated there, I was very much involved in student activities. I was involved in fraternities and ROTC and campus government. And after attending South Carolina State, I felt South Carolina Stated equipped me with that I needed to be successful in life. I went on to law school and became involved in various civic activities, and also, a practicing attorney in civil litigation and contract law. And why I became interested in the board, I felt I had something to offer the board, and I couldn't think of a better way to serve my university than to give back what the university has given to me and afford what the university has afforded me. I bring to the university an array of skills. I'm involved ... I'm currently chairman of the student affairs committee. I feel that I have somewhat of a post-nexus to the students. Like I said, I'm an '85 graduate of the university. When I was first elected to the board, it was less than ten years since I had graduated from the university, so there were some concerns when I was in school that were still present when I came to the university as a board member. And I took it on personally to address some of these concerns, problems, and the dormitories with cleanliness and our maintenance staff, as far as their accountability. We have launched a task force from my committee, and I am happy to say that things are definitely shaping up. Students are being made to be more accountable. Also, I have also implemented on my committee a form where students can actually come to my committee and have input on concerns that they have at the university. I always felt that there was a big gap in the situation of students and the board and not being able to actually have ... not being able to actually come together and where students would actually have an opportunity to address the board. So my committee has a policy in place where students, if they have a concern, they can put it in writing, and that they can come and address the board for a five minute stint. And I'm happy to say that many of our students have taken advantage of this. Also, as far as fund raising, I've also participated on our annual fund campaign. I've been a participant of the steering committee on our scholarship gala, which I feel at this point, the board membership has his own personal niche as far as where he goes as far as fund raising. But my personal niche when I was on the steering committee for the scholarship gala, I contacted and I did everything I could through the legal community to bring in funds, and I'm happy to say that I sent a letter to every member of the South Carolina black lawyers and other lawyers, which I'm a member of the American Bar Association and co-chair of the Young Lawyers in the profession. And I'm happy to say that many of my constituents were willing and able and did contribute to our scholarship gala in which we raised over $100,000.00.
Q:     One question, yes or no answer. Do you consider taking a sabbatical and coming to the University, your second alma mater?
SENATOR WILSON:     Mr. Chairman.
CHAIRMAN STODDARD:     Senator Wilson.
SENATOR WILSON:     Well, as a former Charlestonian, I'm very impressed. Representative Inabinett can probably notice this, too, that you have your residence in Charleston.
A:     Yes.
Q:     And you work in Columbia?
A:     Right.
Q:     And do you commute daily?
A:     No, no, I don't. I commute mostly on weekends. Sometimes ... my practice actually is encompassing of Charleston, also. I have a home in Charleston on 100 Fishburn Street, and I also have a home here in Columbia at 1002 Beaufort Street, which is also in the 6th Congressional District. So I chose to just keep it with Charleston.
Q:     Well, I was just impressed that somebody would be such a commuter, and you get to know the State of South Carolina very well.
A:     Right.
Q:     And in fact, you drive by South Carolina state on a daily basis practically.
A:     Well, quite often. My firm has offices in three cities and a concentration in the Charleston area, too.
SENATOR WILSON:     Thank you.
CHAIRMAN STODDARD:     Any other questions? Senator Glover?
EXAMINATION BY SENATOR GLOVER:
Q:     Good morning.
A:     Good morning.
Q:     Mr. Givens, you filled when you first ran for the board, you came under the scrutiny of being one of the youngest, and people had problems with that. How do you think you faired?
A:     Well, I think I faired pretty well. Like I said earlier, I'm not that far removed as a student from the university, and I felt I was able to contribute to the board as far as coming in and being able to work more closely with the students. There are many occasions that I've had the opportunity to visit our student functions. I've worked closely with our student government presidents, and I've increased funding for the student government so they can have more activities on campus that will actually keep them on campus and keep them out of trouble. I think that's a very important skill to bring to the board, and I've been successful, I think, in bridging the gap. It's been said by some of my other colleagues that I can actually appear at functions on campus and not be noticed as a board member. So I'm somewhat of a spy through the dormitories, too.
Q:     Give me your thinking about female representation on your board. You know that before ... I even think the year you ran, we've always had female candidates for many of the boards trustees. But South Carolina State has been ... you know, we have not been able to elect a female in quite a few years. What is your thinking on that? Do you see, as the other minority there, do you see that as a ... well, just give me your thinking about that.
A:     Well, South Carolina State has a population of males and females. I think qualified females should offer for board seats. I have no problems with that. I think they should take on the task, the responsibility of offering for the board. But I do believe that the most ... well, not the most, but I should say the best qualified candidates should always be elected. We have to look at what this person actually brings to the board and make that decision. If the female who has offered for the seat is the most qualified person, then I think she should be elected.
SENATOR GLOVER:     Okay, thank you.
CHAIRMAN STODDARD:     Any other questions, gentlemen? Thank you, sir. Next, we have Ms. Angela G. Brown. We have had Senator Wilson to join us just recently, and of course, Senator Giese had another meeting, which he was running late for.
SENATOR WILSON:     The Finance Committee.
CHAIRMAN STODDARD:     Yes, ma'am, Ms. Brown, raise your hand, please. Do you swear the foregoing testimony is the truth, nothing but the truth so help you God?
MS. BROWN:     Yes, I do.
MS. BROWN - EXAMINATION BY CHAIRMAN STODDARD:
Q:     Ms. Brown, do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
A:     No, sir.
Q:     Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
A:     Yes, sir.
Q:     Do you have any interests, professionally or personally, that would present a conflict of interest because of you service on the board?
A:     No, sir.
Q:     Do you now hold any public positions of honor or trust that if elected to the board would cause you to violate the dual office holding clause of the Constitution?
A:     No, sir.
CHAIRMAN STODDARD:     And questions of the lady?
EXAMINATION BY MR. INABINETT:
Q:     Ms. Brown ...
CHAIRMAN STODDARD:     Mr. Inabinett.
Q:     ... I have the same question. Will you tell us, in your opinion, what you will be able to bring to the institution financially?
A:     In my position now as the college advisory specialist for the South Carolina Statute for Teacher Improvement, I'm constantly out seeking fundings for scholarships for some of the best and brightest students in the State of South Carolina. It is our vision this year that we would even move forward into major corporations. It is my vision not only that I seek monies from large corporations, but also to encourage the faculty members, as well as the school to seek more grants as another source of funding, as well as endowments. I believe that with the contacts that I have made across the state because of my job, I do travel across the entire State of South Carolina, I will be able to make even more contact than I've already made.
MR. INABINETT:     Thank you.
CHAIRMAN STODDARD:     Any other questions for the lady?
EXAMINATION BY SENATOR GLOVER:
Q:     Ms. Brown ...
CHAIRMAN STODDARD:     Ms. Glover.
SENATOR GLOVER:     Thank you. And excuse me.
Q:     Ms. Brown, do you see a specific role for females on the board?
A:     I do. I see females not being on the board like having salad with no dressing. You must have adversity. When we talk to the young ladies, we have them to look at the board as being a representative board for them to voice their concerns and look out for things that are of interest to them. We must have a female who can project that thinking and that image. It is important that females play a part on the board. Of course, because we have females through the State of South Carolina State University. Also, they need to see females as role models. We constantly talk about role models, and it is important that those students be able to see females on that board in a leadership position so that they will know that there is some future for them being able to play a role in that capacity.
CHAIRMAN STODDARD:     Any other questions of the lady? Thank you, ma'am. One thing I overlooked when we started and I introduced the members of the committee, I failed to introduce our secretary, Ms. Sophia Floyd.
SENATOR WILSON:     The most important person here.
CHAIRMAN STODDARD:     The backbone of the committee, and I'm certain all of you have talked with her already. Next, we go to Seat 8, Mr. Stephon Edwards. Mr. Edwards, raise your hand, please. Do you swear the foregoing testimony is the truth, nothing but the truth so help you God?
MR. EDWARDS:     I do.
MR. EDWARDS - EXAMINATION BY CHAIRMAN STODDARD:
Q:     Do you have any health related problems the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
A:     I do not.
Q:     Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
A:     Yes.
Q:     Do you have any interests, professionally or personally, that would present a conflict of interest because of your service on the board?
A:     No, I do not.
Q:     Do you now hold any public position of honor or trust that if elected to the board would cause you to violate the dual office holding clause of the Constitution?
A:     No, I do not.
CHAIRMAN STODDARD:     Questions of Mr. Edwards? Mr. Senator Wilson.
SENATOR WILSON:     Mr. Chairman.
EXAMINATION BY SENATOR WILSON:
Q:     Mr. Edwards, I was very impressed. I attended the inauguration of President Davis, and from the moment I arrived, even before I got there, the communication with me that ... inviting me and then the follow up, everything was done professionally, and the students were so friendly from the moment we got there. I met with family members. The program was excellent. And so I want to commend you as chairman of the board, and all the persons associated with it, that it was an upscale and very elevating experience for me, and I was delighted to see the media coverage. It was very positive for South Carolina State. And so I really just want to commend you for a very fine program and a good choice of president, too.
A:     Thank you, sir.
CHAIRMAN STODDARD:     Any other questions of this gentleman? Mr. Inabinett.
EXAMINATION BY MR. INABINETT:
Q:     Mr. Edwards, I have the same question. Having been on the board, you might want to tell us what you've done in the past to help the institution financially, what your future projections are.
A:     You're exactly right. Financial giving or financial support, in my opinion, begins at home. This year's chairman of the board, this is my first year as chairman of the board, I kicked off my annual fund raising drive, and we got a hundred percent of the board members to make pledges that they will support the university financially themselves. And I think that's the first time in my six years of being on the board that we've been able to do that. So, I was very proud of that. But as ... and when we go after those corporations, it has been my understanding and my experiences that those corporations want to know exactly what you've done. So we've got to get ourselves to be willing to put up before we can ask someone to put up as well. We've worked very closely with the National Alumni Association and have an excellent working relationship with them. Their giving has increased twofold. Our overall fund raising has increased tremendously under the new leadership of Dr. Davis. So we are very proud of what we are doing. We need to do more. As board members, we have to do more. And if I'm re-elected, of course, I will continue to do even more.
CHAIRMAN STODDARD:     Any other questions of the gentleman? Thank you, Mr. Edwards.
A:     Thank you very much.
CHAIRMAN STODDARD:     Next, we have Mr. Jim Furtick. Raise your hand, please. Do you swear the foregoing testimony is the truth, nothing but the truth so help you God?
MR. FURTICK:     I do.
MR. FURTICK - EXAMINATION BY CHAIRMAN STODDARD:
Q:     Mr. Furtick, do you have any health related problems the screening committee should be made aware that would prevent you from serving on the board in a full capacity?
A:     No, I don't.
Q:     Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
A:     Yes, I will.
Q:     Do you have any interests, professionally or personally, that would present a conflict of interest because of your service on the board?
A:     No, I don't.
Q:     Do you now hold any public position of honor or trust that if elected to the board would cause you to violate the dual office holding clause of the Constitution?
A:     No, I don't.
CHAIRMAN STODDARD:     Questions of the gentleman?
EXAMINATION BY MR INABINETT:
Q:     Sir, I have the same question in reference to ...
CHAIRMAN STODDARD:     Mr. Inabinett.
MR. INABINETT:     Thank you, sir.
Q:     ... with reference to financing or finances for the institution. Tell us what you feel that you will be able to do.
A:     Thank you very much. First of all, I would like to thank the screening committee, first of all, for being here and being a candidate. One of the things I think South Carolina State, in terms of funding, I heard earlier talking about corporate entities, private sector, and that sort of thing. Being and serving on the commission, there are also certain fund raising and that sort of thing in terms of the private sector and corporate. But serving on the board of trustees at South Carolina State, I believe that we also need to look in the private sector. I will certainly look in the private sector. But most importantly, I think we need bi-partisan support in terms of when we talk about the Governor's office and other entities in the state. I think personally that we also need to talk about private sector, but we need to find a resource in terms of what other colleges and universities are doing in the state in terms of funding and that sort of thing. And if they are doing it right, then we need to be about the business of networking with them and contacting them. For instance, the University of South Carolina, I think we need a more networking kind of approach in terms of their endowment and that sort of thing. But certainly, I would contact them and in terms of networking and see what kinds of resources that we could hook up in terms of fund raising.
MR. INABINETT:     Thank you.
MR STODDARD:     Any other questions? Senator Glover.
SENATOR GLOVER:     Yes.
EXAMINATION BY SENATOR GLOVER:
Q:     Mr. Furtick, you are a new applicant. Tell me your thinking on female representation on boards.
A:     Yes.
Q:     And this board in particular.
A:     I think that having all male candidates in terms of the board of trustees at South Carolina State University, it does not represent the people in terms of females. I wholeheartedly think that we do need female representation on the board of trustees, and certainly that would give some in in terms of what her problems that may be going on within the college, within the university institution.
CHAIRMAN STODDARD:     Senator Wilson?
SENATOR WILSON:     Mr. Chairman, I would like to thank you for sending out to us the background information that we received over the weekend so we would have a chance to prepare, and I was very impressed by the prepared statement of Mr. Furtick, and actually of the other persons that have applied. And I'd like to make an inquiry that it at least be included in the record to be presented to the General Assembly. And if not, I would like to move that the prepared statements be a part of the record for members of the General Assembly to have the opportunity to read because I thought they were all very helpful to me and showed a very keen and positive desire to serve.
CHAIRMAN STODDARD:     Senator Wilson moves.
MR. INABINETT:     I second that motion.
CHAIRMAN STODDARD:     Mr. Inabinett seconds. All in favor say aye; opposed, no. The ayes have it. So ordered. Any other questions of the gentleman? Next, we have Mr. Warren Darby. Raise your right hand, please, Mr. Darby. Do you swear that the foregoing testimony is the truth, nothing but the truth so help you God?
MR. DARBY:     I do.
MR. DARBY - EXAMINATION BY CHAIRMAN STODDARD:
Q:     Mr. Darby, do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
A:     No, sir.
Q:     Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
A:     I will.
Q:     Do you have any interests, professionally or personally, that would present a conflict of interest because of serving on the board?
A:     No, sir.
Q:     Do you now hold any public position of honor or trust that if elected to the board would cause you to violate the dual office holding clause of the Constitution?
A:     No, sir.
CHAIRMAN STODDARD:     Any questions of Mr. Darby?
SENATOR WILSON:     Mr. Chairman ...
CHAIRMAN STODDARD:     Senator Wilson.
SENATOR WILSON:     I'd like to point out that those of us who live in the Midlands are very proud to note that Mr. Darby very recently received a promotion as one of the top ranking officials now of one of the largest corporations, SCE&G, and certainly a very civic minded company, and we are proud of your success.
A:     Thank you very much.
CHAIRMAN STODDARD:     Mr. Inabinett?
EXAMINATION BY MR INABINETT:
Q:     Mr. Darby, I have the same question for you, sir, with reference to your ability to or projecting ability to bring in additional financing to the institution?
A:     Yes, sir, Mr. Inabinett. My position with Scana Corporation, I'll be glad to do what I can to make sure that our policies on promoting education in South Carolina include a contribution to SC State. In my previous term on the board, I presented the school with a check of $25,000.00 from the Scana Corporation. I hope that source will continue. But I also work with administrations and other large corporations in South Carolina and outside South Carolina that do business here, and I will see that they also support the school.
MR. INABINETT:     Thank you, sir.
CHAIRMAN STODDARD:     Any other questions of this gentleman? Thank you, Mr. Darby.
A:     Thank you very much.
CHAIRMAN STODDARD:     Next, we have Ms. Theresa Counts-Davis. Ms. Davis, raise your right hand, please. Do you swear the foregoing testimony is the truth, nothing but the truth so help you God?
MS. COUNTS-DAVIS:     I do.
MS. COUNTS-DAVIS - EXAMINATION BY CHAIRMAN STODDARD:
Q:     Ms. Davis, do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
A:     No, I do not.
Q:     Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
A:     Yes, I will.
Q:     Do you have any interests, professionally or personally, that would present a conflict of interest because of your service on the board?
A:     No, I do not.
Q:     Do you now hold any public position of honor or trust that if elected to the board would cause you to violate the dual office holding clause of the Constitution?
A:     No, I do not.
CHAIRMAN STODDARD:     Any questions of Ms. Davis? Mr. Inabinett.
EXAMINATION BY MR. INABINETT:
Q:     I have the same question with reference to financing for the institution. Can you tell us what you project you will be able to do to bring in additional financing for the institution?
A:     I think I would be able to provide assistance in making sure that the board has developed an effective, strategic plan in terms of what they would like to pursue regarding additional finances, and work to my fullest abilities to secure those. I consider myself as outgoing and energetic, and I have no fear of talking to people. I cannot say that I have enormous contacts across the state, but I do and have worked with other organizations on fund raising activities, my sorority, a couple of the Girl Scouts of the Midlands. And so I have had experience in raising funds.
MR. INABINETT:     Thank you.
CHAIRMAN STODDARD:     Any other questions of the lady?
SENATOR WILSON:     Mr. Chairman.
CHAIRMAN STODDARD:     Senator Wilson.
EXAMINATION BY SENATOR WILSON:
Q:     Ms. Counts-Davis may be a little bit modest. As a member of the Junior League of Columbia, Representative Inabinett, I bet she knows half the people in Columbia. So I want to add that. I noticed that in your resume.
A:     Yes, I am a member of the Junior League of Columbia and their role in terms of developing leadership skills in women, as well as raising money, we have done a tremendous job, I think, in promoting our Smart Dash program which promotes school readiness for children 0 to 5, and soliciting the corporate and communities support in that.
Q:     And it's one of the best networking organizations in America. Congratulations.
A:     That's absolutely correct.
CHAIRMAN STODDARD:     Any other questions of the lady? You may step down.
A:     Thank you.
CHAIRMAN STODDARD:     Next we have, and final on Seat 8, Mr. J. D. Hydrick. Raise your right hand, please, Mr. Hydrick. Do swear the foregoing testimony is the truth, nothing but the truth so help you God?
MR. HYDRICK:     I do.
MR. HYDRICK - EXAMINATION BY CHAIRMAN STODDARD:
Q:     Do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
A:     No, sir.
Q:     Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
A:     Yes, sir.
Q:     Do you have any interests, professionally or personally, that would present a conflict of interest because of your service on the board?
A:     No, sir.
Q:     Do you now hold any public position of honor or trust that if elected to the board would cause you to violate the dual office holding clause of the Constitution?
A:     No, sir.
CHAIRMAN STODDARD:     Questions, gentlemen?
EXAMINATION BY MR. INABINETT:
Q:     Sir, I have the same question.
CHAIRMAN STODDARD:     Mr. Inabinett.
MR. INABINETT:     Thank you.
Q:     With references to raising finances, can you tell us what in your opinion you will be able to do to increase the financial stability of the college?
A:     Yes, sir, Representative. I co-chaired and co-founded the Pat Davis Scholarship Tournament in the 70's for a good friend who passed away. We started at ground zero and we raised in excess of $80,000.00 over the years, which sent ten children from area schools in Orangeburg to various colleges. I'm very proud of that fact. Also, I'm currently involved in something with the State University now through the athletic department. I've been before the board trying to do something pertaining to the State University field. We've raised over a millon dollars. I know that we will be able to do that. Through my insurance background, my agents, regional agency, I have a lot of contacts with large corporations in my business end in Orangeburg and throughout the state where we can procure funds. I think also, Representative, when we talked about going to the corporate and the private sector, we also should not overlook going hack to our alumni association. The South Carolina State University has had a very proud tradition of sending wonderful athletes into the professional sports. They have enormous resources. Certainly they would be very receptive if approached probably to help us fund some athletic things, as well as educational endowments, and get funds there. So I would be very energetic in doing that.
MR. INABINETT:     Thank you, sir.
CHAIRMAN STODDARD:     Any other questions of the gentleman? Thank you, Mr. Hydrick. That completes Seat 8. Next, we go to Seat 10, Dr. James A. Boykin is first. Raise your right hand, please, Dr. Boykin. Do you swear the foregoing testimony is the truth, nothing but the truth so help you God?
MR. BOYKIN:     I do.
DR. BOYKIN - EXAMINATION BY CHAIRMAN STODDARD:
Q:     Dr. Boykin, do you have any health related problems that the screening committee should be aware of that would prevent you from serving on the board in a full capacity?
A:     No, sir.
Q:     Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
A:     I would be, sir.
Q:     Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the board?
A:     No, I do not.
Q:     Do you now hold any public position of honor or trust that if elected to the board would cause you to violate the dual office holding clause of the Constitution?
A:     No, sir.
CHAIRMAN STODDARD:     Any questions of the doctor? Mr. Inabinett.
EXAMINATION BY MR. INABINETT:
Q:     Dr. Boykin, I have the same question. Maybe you can tell us what you've done in the past and what your projections are for the future as it relates to bringing in additional finances to the college, or to the university.
A:     First, let me apologize for being a little bit late. It's not the same old thing as having car difficulty. I was lucky enough to anticipate what would happen if I had continued at a different time. But I'd like to thank all of you for allowing me to be here. Chairman Stoddard, Senator Wilson, Glover, Representative Inabinett. Fund raising is of vital importance to South Carolina State University. In addition to being involved in fund raising, I would say to you that I would like to bring continuity to this board with my experience, influence, vision, leadership, stability, and my concern with public relations. We need more than fund raising, but with respect to fund raising, I have excellent relationships and contacts with alumni, as well as the foundations, and other fund raising groups that might contribute, as well as with the board itself in which all of us contribute. Also, there are various corporations that we are able to secure funds from. I'd like to say that of vital importance to South Carolina State University at this time, which I have been involved in and have continued to promote during the years, I serve as a result of my sincere desire, my love, and my interest in the institution, to see it move forward ... we do have in place, which we are using now, a ten year master plan that we have established some years ago. We did a recent ground breaking for the new arts and ... music and arts building, even though it will take about eight years, we did break ground. But there are numerous other projects that we have on the drawing board that's going to be critical during in the years ahead. I will continue to promote fund raising, but the most vital issue that South Carolina State University faces at this time, and we are all aware of it, is that we are about to take up, what we call performance based funding. That's a most critical issue, not only for South Carolina State University, but for every institution in the state. It's a new experience for South Carolina State University. It's a new experience for other colleges. And it's going to be real critical in order for an institution to maintain itself, number one, in order to have quality students. They will have to be invited and hopefully will stay at the institution. We need to maintain a quality faculty, as well as that with the students. We need to continue expansion of the physical plans. We have got to continue to expand the curriculum, with respect to either of our twelve degrees. And at this time, the performance based funding is the critical issue facing particularly our administration. There are thirty-seven indicators that have to be reached. The committee itself has reached only fourteen. We pick up twelve in the next two year, and we'll need thirty-seven. Anybody who reads the book will find that it will be a ... I'd like to use my influence, interest, vision, continuity in providing a policy for this institution and university with which we can go forward to the year 2000 and maintain what we consider at South Carolina State University our number one status. But the fund raising that I mentioned is always involved in that we do need additional funds, and that will come through the alumni, corporations, as well as fund raising.
MR. INABINETT:     Thank you.
CHAIRMAN STODDARD:     Any other questions? Thank you, Doctor.
A:     Thank you.
CHAIRMAN STODDARD:     Next, we have Rhonda Parish. I believe she's out of the state. Mr. William Clinkscales. Mr. Clinkscales, raise your right hand please, sir. Do you swear the foregoing testimony is the truth, nothing but the truth so help you God?
MR. CLINKSCALES:     Yes, sir, I do.
MR. CLINKSCALES - EXAMINATION BY CHAIRMAN STODDARD:
Q:     Mr. Clinkscales, do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
A:     No, sir, I do not.
Q:     Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
A:     Yes, sir, I will.
Q:     Do you have any interests, professionally or personally, that would present a conflict of interest because of your service on the board?
A:     No, sir, I do not.
Q:     Do you now hold any public position of honor or trust that if elected to the board would cause you to violate the dual office holding clause of the Constitution?
A:     No, sir, I do not.
CHAIRMAN STODDARD:     Any questions of the gentleman? Mr. Inabinett.
EXAMINATION BY MR INABINETT:
Q:     Mr. Clinkscales, I have the same question. Can you or will you address your projections for bringing in additional financing to the institution?
A:     Yes, sir. Recently, within the last few years, I was appointed to the foundation board for the 4-H Youth Development Program with Clemson University to go out and seek dollars for individual scholarships who exceed and excel in the youth program in the State of South Carolina. Recently, we had begun to go out to industry, banks in order to secure that. I have a lot of experience with that particular foundation at this point. However, I probably will be getting a lot more experience. I can see utilizing that source, looking at a plan in terms of what we need at South Carolina State University, and also capitalizing on gaining dollars into the South Carolina State University. Also, I was very much involved in securing some dollars for our Palmetto Leadership Program through Clemson University, through the Kellog Foundation, which we worked in looking at developing local leadership throughout communities in South Carolina. The other thing I think that I would utilize, which I don't feel really has been tapped enough in South Carolina, since we are an agrarian state, is looking at getting through to the agriculture industry, which is very much a vital part of our state, and looking at not only the industry, but the farmers, the association throughout South Carolina and having them to contribute more in terms of doing research at the institution.
MR. INABINETT:     Thank you, sir.
CHAIRMAN STODDARD:     Any other questions of this gentleman? Thank you, sir. Next, we have Mr. Ellis Rogers. Raise your right hand, please, Mr. Rogers. Do you swear that the foregoing testimony is the truth, nothing but the truth so help you God?
MR. ROGERS:     Yes, sir.
MR. ROGERS - EXAMINATION BY CHAIRMAN STODDARD:
Q:     Do you have any health related problems the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
A:     No, sir.
Q:     Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
A:     I will.
Q:     Do you have any interests, professionally or personally, that would present a conflict of interest because of your service on the board?
A:     No, sir, I don't.
Q:     Do you now hold any public positions of honor or trust that if elected to the board would cause you to violate the dual office holding clause of the Constitution?
A:     No, sir, I don't.
CHAIRMAN STODDARD:     Any questions of this gentleman?
MR. PHILLIPS:     Mr. Chairman.
CHAIRMAN STODDARD:     Mr. Phillips.
EXAMINATION BY MR. PHILLIPS:
Q:     Mr. Rogers, first of all, I'd like to ask you to tell me how you are going to qualify for two universities, the University of Coastal Carolina and also South Carolina State, and how are you going to politic for both those positions?
A:     Well, sir, at the time that I applied, I really didn't ... I hadn't made a decision on which university I wanted to definitely apply for. And then when I finally made my final decision process, you know, the paperwork had already gone through the channels. I just said I would deal with it at the point ...
Q:     Chairman, I think that we ought to have Mr. Rogers declare here today before we screen him out, qualified or not. He certainly has the opportunity to run for whatever he wants to, but I don't know how we are going to let him screen for two and recommend him to the General Assembly to be elected. I think he ought to make a decision here today since he is here.
CHAIRMAN STODDARD:     What do you think, Senator Wilson?
SENATOR WILSON:     I defer to the chairman.
MR. ROGERS:     If it's okay, I will make a decision.
CHAIRMAN STODDARD:     Well, honestly, I think there is nothing to preclude this gentleman from running for all of them.
MR. PHILLIPS:     I don't think there are either, but I don't know how we can screen him if the General Assembly says he's eligible ...
CHAIRMAN STODDARD:     Just as a matter of ...
MR. PHILLIPS:     I think it is to his benefit to make a decision.
CHAIRMAN STODDARD:     Yes, yes.
MR. PHILLIPS:     That's what I'm trying to say.
CHAIRMAN STODDARD:     I think the success in any of them depends upon ...
MR. PHILLIPS:     I think it's to his benefit. I really don't care, but I just wanted ...
CHAIRMAN STODDARD:     Seeking one lone position.
MR. PHILLIPS:     Right.
A:     I would like to qualify for the 10th Seat at South Carolina State, sir.
CHAIRMAN STODDARD:     South Carolina State, and you would withdraw from ...
A:     Yes, sir, Coastal.
CHAIRMAN STODDARD:     All right. Any other questions of this gentleman since that's settled? Thank you, sir. We move now to Wil Lou Gray Opportunity School, Ms. Clotilda Diggs. Raise your right hand, please, Ms. Diggs. Do you swear the foregoing testimony is the truth, nothing but the truth so help you God?
MS. DIGGS:     I do.
MS. DIGGS - EXAMINATION BY CHAIRMAN STODDARD:
Q:     Do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
A:     No, I do not.
Q:     Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
A:     Yes, I will.
Q:     Do you have any interests, professionally or personally, that present a conflict of interest because of service on the board?
A:     No, I haven't.
Q:     Do you now hold any public position of honor or trust that if elected to the board would cause you to violate the dual office holding clause of the Constitution?
A:     No, I do not.
CHAIRMAN STODDARD:     Any questions of the lady?
SENATOR WILSON:     Mr. Chairman, actually a statement. I am very honored and privileged to represent Wil Lou Gray Opportunity School. It's located in the senate district that I represent next to Airport High School, next to the Columbia Metropolitan Airport. And I want you to know in our community that we are very proud of the institution and we appreciate your service on the board. But generically, for the other persons who have applied, I want to thank you for your interest in the Wil Lou Gray Opportunity School. It's a great institution that gives opportunities and fulfillment to a lot of young people in our state. And so I want to thank you for your interest, your service, and the other people who have applied.
A:     Thank you.
CHAIRMAN STODDARD:     Any other questions?
MR. PHILLIPS:     I'd like to ask a question.
CHAIRMAN STODDARD:     Mr. Phillips.
EXAMINATION BY MR. PHILLIPS:
Q:     Ms. Diggs, as the incumbent out there serving on the board now, do you have any future plans for really setting and making a real decision to have a real curriculum at Wil Lou Gray?
A:     Yes, I do. Yes, I do. I have served in the public schools where we work with programs to improve the offerings who are at risk students, and I hope to do that at the Wil Lou Gray School. At this time, we are working on improving the recruitment program and the diversity of the program so that the innovations that we set forth there will be inviting to those students to whom we've invited.
CHAIRMAN STODDARD:     Any other questions?
SENATOR GLOVER:     A comment.
CHAIRMAN STODDARD:     Dr. Glover.
SENATOR GLOVER:     To Representative Phillips and the other members of the committee, this is a life long educator out of Florence, South Carolina, and her prior service on the board has benefitted them and us. And I just wanted to say that, believe me, if there are curriculum innovations that the school needs, through this individual, I'm pretty sure we can get it.
A:     Thank you, Senator.
CHAIRMAN STODDARD:     Thank you, Doctor. Any other questions? Thank you, ma'am.
A:     Thank you.
CHAIRMAN STODDARD:     Next, we have Mr. Russell Hart. Raise your right hand, please, Mr. Hart. Do you swear the foregoing testimony is the truth, nothing but the truth so help you God?
MR. HART:     I do.
MR. HART - EXAMINATION BY CHAIRMAN STODDARD:
Q:     Mr. Hart, do you have any health related problems the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
A:     No, sir.
Q:     Considering your present occupation and other activities, will you be able to attend board meetings on a regular basis?
A:     Yes, sir.
Q:     Do you have any interests, professionally or personally, that would present a conflict of interest because of your service on the board?
A:     No, sir.
Q:     Do you now hold any public position of honor or trust if elected to the board that would cause you to violate the dual office holding clause of the Constitution?
A:     No, sir.
CHAIRMAN STODDARD:     Any questions of the gentleman? Mr. Phillips.
EXAMINATION BY MR. PHILLIPS:
Q:     The same question, I'd ask Mr. Hart what his feelings are toward expanding the curriculum and the recruitment at Wil Lou Gray?
A:     For the time, we have a committee appointed ... they haven't met yet ... to look into the possibility of how we may expand our recruitment. We have alumni people on there. We have board members. I think we should form and in cooperation with the Department of Juvenile Justice, maybe get some of the students just before they reach that point. Also, I think we should go into working with the schools, public schools, and take their kids that may show an aptitude of becoming at risk and getting those kids a little quicker before they get to the court system. And I feel that we need to take advantage of our JROTC program. It has been a tremendous help to us, and I've been on the board approximately two years. It's been a tremendous help to us out there in discipline and other things. I would like to see us go full scale with that, with all boarding students becoming JROTC. Not establish a military prep school, but operate it on the same basis because I think that teaches discipline and other things that we need there. And I still think ... also I think there are certain satellite programs that you have excellent instructors that can be available through satellite programs. It might be a little bit more economical for us to look into that possibility and get some excellent instruction into our curriculum there.
CHAIRMAN STODDARD:     Any other questions of Mr. Hart?
SENATOR WILSON:     Mr. Chairman.
CHAIRMAN STODDARD:     Senator Wilson.
SENATOR WILSON:     For the benefit of the committee members, I hope you have an opportunity to visit Wil Lou Gray to see the JROTC Program. I had the opportunity to be there for the installation of the program, and I was particularly impressed. The full-time active duty military who have been assigned are just the most competent people I have seen, and certainly have instilled in the young people a great pride that would just warm your heart, and I think all of you would get a lot out of it to see the JROTC Program there at the Wil Lou Gray Opportunity School.
CHAIRMAN STODDARD:     Thank you, sir. Any other questions? Thank you, Mr. Hart. Next on the list, we have Ms. Elizabeth Thrailkill. Raise your hand, please, Ms. Thrailkill. Do you swear the foregoing testimony is the truth, nothing but the truth so help you God?
MS. THRAILKILL:     Yes, I do.
EXAMINATION BY CHAIRMAN STODDARD:
Q:     Ms. Thrailkill, do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
A:     No.
Q:     Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
A:     Yes, sir.
Q:     Do you have any interests, professionally or personally, that would present a conflict of interest because of your service on the board?
A:     No, sir.
Q:     Do you now hold any public position of honor or trust that if elected to the board would cause you to violate the dual office holding clause of the Constitution?
A:     No, sir.
CHAIRMAN STODDARD:     Any questions of the lady?
EXAMINATION BY MR. PHILLIPS:
Q:     I would like to ask ...
CHAIRMAN STODDARD:     Representative Phillips.
Q:     ... the same question that I asked the others about the curriculum and recruitment in the future.
A:     Yes, sir. First of all, we know that in order to run the kind of school that any of us seeks selection to today, you must have funds. And that's the basis, I believe. First thing in that vein is that we are good stewards of the money that the General Assembly allows us to spend. The second thing that we have done towards this to improve curriculum and student attendance is to establish a foundation. I'm very proud of that because I was very instrumental in having that done. It has qualified us for a number of extras. Two of my very close friends and I worked very hard. That's one of my goals. And we have a very active foundation going and fund raisers through that. They have just established scholarships, provided extra funding for such things as a wildcat lab, a computer lab, and other bonuses for the students so that not just the curriculum itself is the attractive pull there, but when you have students fifteen and older who are going to have to do more than just sit in the library. And this has really provided a number of things. Our Ropes course is well known in the state and used by schools and businesses. And we are also working towards receiving grants. We have some grant writing that brings in a number of programs. Our curriculum is diversified and is ever changing to meet these ever changing populations of students. As you know, our school started off being a school for farmers who could not attend during crop season. Well, that has moved out of existence and we do have a variety of people we serve. Not just young people, but older people are welcome to attend. So, it is a diversified population that the curriculum has to meet their needs and be diversified, and there is not always one curriculum for one student.
CHAIRMAN STODDARD:     All right, any other questions? Thank you, ma'am. Next, we have Ms. Jennalyn Dalrymple. Raise your hand, please, Ms. Dalrymple. Do you swear that the foregoing is the truth, nothing but the truth so help you God?
MS. DALRYMPLE:     I do.
MS. DALRYMPLE - EXAMINATION BY CHAIRMAN STODDARD:
Q:     Ma'am, do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
A:     None that would prevent me from serving in a full capacity, but I do have diabetes.
Q:     You have my sympathy, yes, ma'am. I do, too. Concerning your present occupation and other activities, would you be able to attend board meetings on a regular basis?
A:     Yes, sir.
Q:     Do you now have any interests, professionally or personally, that would present a conflict of interest because of your service on the board?
A:     No, sir.
Q:     Do you now hold any public position of honor or trust that if elected would cause you to violate the dual office holding clause of the Constitution?
A:     Not that I know of.
CHAIRMAN STODDARD:     Any questions of the lady? Mr. Phillips.
EXAMINATION BY MR. PHILLIPS:
Q:     Ms. Dalrymple, tell us what you can do to enhance the Wil Lou Gray Opportunity School.
A:     Well, I think that it is a wonderful institution, and I would like to bring my background there and see it expand in not only the educational phases that it has, but in the practical application of the world and opportunities that the world has to give to people, and I would like to see them receive the training that will equip them to be successful in the opportunity they choose.
CHAIRMAN STODDARD:     Any other questions? Senator Wilson.
SENATOR WILSON:     Mr. Chairman, I would like to note that I am familiar with Ms. Dalrymple and her service at the probate court in Richland County. She was somebody you could always count on to do an excellent job. And then, I'm very impressed by your enterprising efforts to then going to law school. And so, congratulations on your success.
A:     Thank you.
CHAIRMAN STODDARD:     Thank you, ma'am. Our next candidate is Dan Smith. Raise your right hand, please, Mr. Smith. Mr. Smith, do you swear the foregoing testimony is the truth, nothing but the truth so help you God?
MR. SMITH:     I do.
MR. SMITH - EXAMINATION BY CHAIRMAN STODDARD:
Q:     Mr. Smith, do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
A:     No, sir.
Q:     Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
A:     Yes, sir.
Q:     Do you have any interests, professionally or personally, that would present a conflict of interest because of your service on the board?
A:     No, sir.
Q:     Do you now hold any public position of honor or trust that if elected to the board would cause you to violate the dual office holding clause of the Constitution?
A:     I am currently a member of the Election Commission for the City of Gaffney. If that was a violation, I would resign if elected to this position.
CHAIRMAN STODDARD:     Yes, sir, I do believe that would be.
A:     I would resign that seat.
CHAIRMAN STODDARD:     Any questions, gentlemen?
EXAMINATION BY MR. PHILLIPS:
Q:     Mr. Smith ... I happen to know Mr. Smith, too, Mr. Wilson, by virtue of being from Gaffney. Mr. Smith has had a long tenure with the School District Number One. Again, a member of the board of trustees for numbers ... a number of years, serving as vice-chairman of that committee and other positions. Secretary and good financial background. What do you think that you could add to Wil Lou Gray as far as curriculum in the public sector into the opportunity school? Would you give us what kind of background and what you think you can add to Wil Lou Gray?
A:     I have always championed the cause of education and trying to get all, encourage all young people to take advantage of the educational opportunities. I think this school is a very good school. It helps a lot of people in South Carolina. And I would like the opportunity to be a part of this process. I've had experience on school boards, as Olin said, the Representative said. And I've also worked with young people most of my life in various past businesses, the Boys Club of Cherokee County, which prides itself in offering opportunities to some of the less fortunate boys, and girls now. And I feel like that also my experience in administrative work and financial work, I would be able to be a contributing member as far as using the resources of Wil Lou Gray to the advantage of the students in getting the most out of our dollars. I've always prided myself in trying to stay abreast of the financial situation in any committee or any group that I serve, and I have served as treasurer of several organizations, including the Boys Club, Salvation Army, Advisory Board. I also promote the Terrific Kids program which offer opportunities for students who were not the top students in their class to gain some recognition. I feel that some of my ideas along that line would be beneficial to the students.
CHAIRMAN STODDARD:     Any other questions? Thank you, Mr. Smith. Our last candidate is Mr. Robert Moeller. Raise your hand, please, sir. Do swear that the foregoing testimony is the truth, nothing but the truth so help you God?
MR. MOELLER:     I do.
MR. MOELLER - EXAMINATION BY CHAIRMAN STODDARD:
Q:     Mr. Moeller, do you have any health related problems that the screening committee should be made aware of that would prevent you from serving on the board in a full capacity?
A:     No, sir.
Q:     Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
A:     Yes, sir.
Q:     Do you have any interests, professionally or personally, that would present a conflict of interest because of your service on the board?
A:     No, sir.
Q:     Do you now hold any public position of honor or trust that if elected to the board would cause you to violate the dual office holding clause of the Constitution?
A:     No, sir.
CHAIRMAN STODDARD:     Any questions of Mr. Moeller?
SENATOR WILSON:     Mr. Chairman.
CHAIRMAN STODDARD:     Senator Wilson.
EXAMINATION BY SENATOR WILSON:
Q:     Again, I'm familiar with the candidate as being a citizen of the Midlands, and we're very proud of his service on the Board of School District Two of Richland County, certainly one of the most dynamic school districts in South Carolina. And that you've served and survived for nearly ten years is certainly a tribute to your service. And I just want to thank you for what you've done for our community.
A:     Thank you, sir.
CHAIRMAN STODDARD:     Any other questions of this gentleman? Representative. Phillips.
MR. PHILLIPS:     Thank you, sir.
EXAMINATION BY MR. PHILLIPS:
Q:     Did you once work for Wil Lou Gray?
A:     Yes, sir. Five years, sir.
Q:     Five years of employment. What was your position at Wil Lou Gray?
A:     I was in the vocational education department as head of the carpentry shop, sir.
Q:     I guess while you were there, you have seen things that needed to be done that you couldn't do as a worker, but as a candidate for the board, did you see anything while you were there that you could improve on that you could expand on here this morning?
A:     I appreciate the question. First of all, I came speaking with no one upon applying. I wanted to approach Senator Wilson. I wanted to approach Senator Giese. I came as an individual. I've been around youth all my life. My wife and I did not have a child. We have an adopted son. I've had little league baseball, all the way to being the chairman of the school board. You'll notice on my vitae, most times I was re-elected to what I was doing. I think that shows credibility. What can be done at Wil Lou Gray. First of all, Senator Wilson's wife and family are super participants in the foundation. The signs that you saw around town, the carpentry shop built, Mr. George Smith does an excellent job. I view youth today ... I just read a publication yesterday, and being retired gives me time to read and to study and to dedicate. I don't want to be put out to pasture. I guess that's why I'm here this morning. But with Wil Lou Gray, I'm going to use a two phrase statement, which is tech-prep. Those of you in education are familiar with tech-prep. Tech-prep, as we see at Midlands Tech today with four-year college graduates, and I don't want to put down history or music or such, but they have four-year diplomas, a bachelor degree, but they don't have a job. They go to Midlands Tech and they come away with a job. Bose is coming to town, Cooper in Tamper, Square D. I don't want to leave anyone out. But my view of Wil Lou Gray is, this is a type of student that if you give them a textbook, if you give them a xerox copy with a board or with a tool or with a paint brush, there are artists out there, Senator Wilson, that I have seen that absolutely ... I hate to use a cliche, but blows your mind. But there art work is unreal. One youngster went directly to Atlanta. I have a student, one of my students that's going to a furniture manufacturing school. I couldn't be prouder of him. His father is a minister in Chester. These children are not bad. These children ... where do we get these children? We should go, being on the school board, we should go to the various districts, and we should write for permission to come and get, and appear before the board ... and as has happened here this morning, and I hope I'm not guilty, is be brief, but remind people that Wil Lou Gray is there, because Miss Wil Lou Gray, bless her heart, lived almost to the century mark, and she's still been going a good while. So let's go before these boards, get the message out. Give to the juvenile agencies, and finally, to me, just expand the tech-prep. Let the students get their hands on the welding machine. Let them get their hands on the saws. Let them get their hands on the automobile. Let them have a hobby shop. They have animals. They have a small collection of pet type animals. But enhance and embellish. There is nothing like ... I have tomato plants out and I was worried about them the last three days, about my tomato plants, whether the frost got them or not. So without making this last person just keep us here forever, I thank you all and have a good day.
CHAIRMAN STODDARD:     Thank you.
A:     Thank you.
CHAIRMAN STODDARD:     That concludes the testimony from our candidates. Senator Glover.
SENATOR GLOVER:     Mr. Chairman, I would like to ask before we adjourn to have Mr. Warren Darby remain a few minutes and ask for an executive session with the screening committee, please.
CHAIRMAN STODDARD:     Senator Glover moves to go into executive session with the gentleman mentioned. All in favor say aye; opposing, no. The ayes have it. Would you be excused please, all of you? You'll be notified soon as to your disposition.

CHAIRMAN STODDARD:     Do I hear a motion that we approve of all the candidates with an admonition of Mr. Darby for his letter.
MR. PHILLIPS:     Mr. Chairman, I would like to clarify. Are you saying all candidates or are you saying for all seats.
CHAIRMAN STODDARD:     All candidates.
MR. PHILLIPS:     In other words, you are saying it's all candidates screened here today are qualified for seat pledges from this point on? Is that what you said?
CHAIRMAN STODDARD:     Correct. That we approve of all candidates that we screened today.
MR. PHILLIPS:     Right.
CHAIRMAN STODDARD:     In approving Mr. Darby, we admonished him for his earlier letter.
MR. PHILLIPS:     That this doesn't free him to seek support?
SENATOR WILSON:     Yes.
CHAIRMAN STODDARD:     Yes.
SENATOR GLOVER:     What about Ms. Rhonda Parish?
SENATOR WILSON:     And I was going to ask ... I was going to ask that we consider that. That due to her employment, I think it may be difficult for her to get to a committee meeting. If you looked at her background, she's the deputy general counsel of Flagstar in Spartanburg, which is one of the largest corporations in South Carolina.
CHAIRMAN INABINETT:     Who is that?
SENATOR WILSON:     So it's not surprising.
CHAIRMAN STODDARD:     She tendered her statement, and the only thing missing is our questions of her, and I do not feel that they would be anything conclusive other than affirmative.
SENATOR WILSON:     Well, she had a very impressive background.
CHAIRMAN STODDARD:     Correct.
MR. INABINETT:     The only concern, Mr. Chairman, I would have is will we be setting a precedent that might come back to haunt us in the future.
SENATOR WILSON:     I would hope that ... it's my view that if there were a question that appeared on the face of what had been submitted to us, that in fact, this wouldn't be a precedent, that we would be able to request people to come in the future. But in looking at her background information, the SLED report, and looking at the report from the Clerk of Court, and then looking at her application and her statement of purpose, everything was very impressive, very positive, and no questions could arise.
SENATOR GLOVER:     I'm sorry, but I have the same concern, I think, that Representative Inabinett does with what we are about to do, and that is to ask for these ... that we start to submit guidelines to all of our candidates. I do have problems with them making it quite all right to appear or not to appear. Soon we will have no one. They would all take the opinion that if I can pass screening without coming, why come.
MR. INABINETT:     Correct.
CHAIRMAN STODDARD:     Correct.
SENATOR GLOVER:     So I would like to move that we approve all of the others with the exception ...
CHAIRMAN STODDARD:     Of her?
SENATOR GLOVER:     Uh-huh (affirmative response). And I'll leave it up to the chair to determine whether he would like to make arrangements for her to be screened at a later date. But at this time, I would not want to approve her.
SENATOR WILSON:     Mr. Chairman, could a later date be arranged?
CHAIRMAN STODDARD:     I suppose it could, yes. Do we hold up all these candidates for her?
SENATOR GLOVER:     No. Well, I'll just make my motion then. I move that we approve all of the candidates with the exception of Ms. Rhonda Parish who was not present.
MR. INABINETT:     Second the motion.
CHAIRMAN STODDARD:     With the stipulation about ...
SENATOR GLOVER:     With ... yes. Yes, that was an earlier motion, yes. With the stipulations to the admonishment to Mr. Darby.
CHAIRMAN STODDARD:     Is the motion clear to everyone?
SENATOR WILSON:     And with the understanding that Ms. Parish will be invited to appear for screening if it can be arranged.
SENATOR GLOVER:     Well, I didn't put that in the motion, but like I said, I'll leave that to the chair. That he'll make that decision. My motion is to approve all of the candidates with the exception of Ms. Rhonda Parish who was not present, and a letter of admonishment to Mr. Warren Darby for his previous letter.
MR. INABINETT:     I still second the motion.
CHAIRMAN STODDARD:     Motion made by Senator Glover, second by Mr. Inabinett. All in favor say aye. Opposed, no. The ayes have it. Now should we set a date for election or should we check first with the invitation committee and so forth to see about any conflicts?
MR. PHILLIPS:     There's a possibility we are having some more judges in Lexington this year. The three additional judges have been created in the budget if it passes the Senate.
CHAIRMAN STODDARD:     It's getting kind of late.
MR. PHILLIPS:     Well, I've been wondering about the time limit.
SENATOR WILSON:     Is it too late to include them in the current crop of judicial elections?
MR. INABINETT:     That won't give them a whole lot of time.
SENATOR WILSON:     I only asked that for purposes of inquiry. Certainly not ...
MR. PHILLIPS:     The only other thing that we have is the three new family court and three new circuits that's being created in the budget bill. That's all I know of, isn't it?
CHAIRMAN STODDARD:     Do we have a joint session any time in the next three weeks?
MR. PHILLIPS:     I'm not familiar with any.
SENATOR WILSON:     I believe we should leave it to the chairman to get with the chairman of both invitation committees and determine when it could be done in an expeditious fashion.
MR. PHILLIPS:     Suits me. Let the chairman set the resolution and do it whenever he sees fit. Mr. Chairman, Ms. Parish, is that the name?
SENATOR WILSON:     Yes, Ms. Parish.
MR. PHILLIPS:     There is a motion to allow her to extend time for her to come and be screened? Was that ...
MS. GLOVER:     No, there was not ...
SENATOR WILSON:     I would like to move that she be invited for screening to be set up as soon as possible by Chairman Stoddard.
MS. FLOYD:     I've talked with her and she says she's available any time next week. She's just out of town in a conference.
CHAIRMAN STODDARD:     We'll make contact with her and try and get her here next week.
MR. INABINETT:     Mr. Chairman, the only thing I'm again concerned about is the precedent we are setting. Once we do it ...
CHAIRMAN STODDARD:     We have met later to hear from some absentees. We have done that before.
MR. INABINETT:     Okay, I wasn't aware of that.
SENATOR WILSON:     And I think that maybe ...
CHAIRMAN STODDARD:     In other words, if we don't do it, we'll be ridiculed; and if we do do it, we'll be ridiculed. Yes.
MR. INABINETT:     I have no problem.
CHAIRMAN STODDARD:     Anything further?
MR. PHILLIPS:     I need to make my motion now. That in the future, that when a person signs for any board or commissions that we have the jurisdiction over, that we make a set of guidelines and we might do it at any time or leave it up to you to draft something to give to them at that time so we don't have to face this again.
CHAIRMAN STODDARD:     Rephrase your motion to where in the packet that we send, when they request ...
MR. PHILLIPS:     Right.
CHAIRMAN STODDARD:     ... that we include the rules and regulations ...
MR. PHILLIPS:     That's right.
CHAIRMAN STODDARD:     ... as far as ethics is concerned.
MR. PHILLIPS:     And underline ... if you would, underline, please do not solicit our ...
CHAIRMAN STODDARD:     Do you further make a motion that we adjourn?
MR. PHILLIPS:     I do so.
SENATOR WILSON:     Seconded.

WEDNESDAY - April 9, 1997
CHAIRMAN STODDARD:     The meeting is called to order. Ms. Parish, we have Senator Bryan on my right, Representative Littlejohn near you, Representative Inabinett near me, and I'm Representative Stoddard. Would you raise your right hand, Ms. Parish. Do you swear that the foregoing testimony is the truth, nothing but the truth, so help you God?
MS. PARISH:     I do.
MS. PARISH - EXAMINATION BY CHAIRMAN STODDARD:
Q:     Do you have any health related problems that the Screening Committee should be made aware of that would prevent you from serving on the board in a full capacity?
A:     No.
Q:     Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
A:     Yes.
Q:     Do you have any interests, professionally or personally, that would present a conflict of interest because of your service on the board?
A:     No.
Q:     Do you now hold any public position of honor or trust that if elected to the board would cause you to violate the dual office holding clause of the Constitution?
A:     I do no.
Q:     Any questions of the lady?
EXAMINATION BY MR. INABINETT:
Q:     Ms. Parish, I did ask each of the other candidates a question with reference to their ability to bring in additional financial gain or assistance to the colleges and universities should they be appointed to the board of trustees. Can you give us some information or idea of your corporate or other contacts that would enable you to help the institution financially?
A:     Sure. As you know from reading the bio that was sent in, I am in business. I'm a corporate attorney. We've all read a lot about the corporation I work for, that it has financial troubles. We are doing our best right now to get our debt restructured and be a more responsible corporate citizen. So, I would let you know that both within the corporation for which I work and with other corporate contacts that I have, business contacts throughout the state and the country, I would commit to trying to help raise funds for the university in that way.
CHAIRMAN STODDARD:     Any other questions of the lady?
MR. BRYAN:     Just a comment, Mr. Chairman.
CHAIRMAN STODDARD:     Yes, Senator Bryan.
MR. BRYAN:     You were born in Clinton, Arkansas.
CHAIRMAN STODDARD:     Well, that's a good place to be a long way from.
MR. LITTLEJOHN:     We won't hold that against you.
EXAMINATION BY MR. LITTLEJOHN:
Q:     I just have one overall question, it's a big question. Why do really want to serve? What makes you feel like you can do the job?
A:     Well, I'm glad you asked me that question. As I've already told you in written materials, I have a real interest in education. I came from a family of teachers. And having gone into the business world, I see every day the importance of education and the importance of higher education. Now that I've lived in South Carolina for two years, South Carolina is my home, and want to give back to the State of South Carolina, and I think a great way to do this is to serve on the board of higher education.
CHAIRMAN STODDARD:     Any other questions? Do I hear a motion.
MR. INABINETT:     So move.
CHAIRMAN STODDARD:     Representative Curtis moves and seconded by Senator Bryan that we find the lady qualified to seek Seat 10, an at large seat on the South Carolina State University board. All in favor say aye, opposed no. The ayes have it. Thank you, ma'am.
MS. PARISH:     Thank you.

The Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities finds the following candidates for Boards of Trustees qualified. Background reports from the State Law Enforcement Division show no felony charges against any of the candidates.

Coastal Carolina University (8 Seats)
Mr. Delan Stevens (Conway)                 Seat 2, 1st Congressional District
Dr. James F. Kane (Columbia)                 Seat 4, 2nd Congressional District
Mr. William L. Lyles, Jr. (Anderson)     Seat 6, 3rd Congressional District
Mr. Keith S. Smith (Greer)                     Seat 8, 4th Congressional District
Mr. Robert D. Brown (Camden)             Seat 10, 5th Congressional District
Mrs. Cathy Harvin (Summerton)             Seat 12, 6th Congressional District
Mr. Dean Hudson (Conway)                                 Seat 14 at-large
Mr. Joseph O. Burroughs, Jr (Conway)             Seat 15 at-large
Mr. J. Egerton Burroughs (Surfside Beach)         Seat 15 at-large
Mr. Richard Harrington (Myrtle Beach)             Seat 15 at-large

South Carolina State University(4 Seats)
Dr. James W. Sanders (Gaffney)             Seat 5, 5th Congressional District
Ms. Jannette Henry (Winnsboro)             Seat 5, 5th Congressional District
Mr. Edwin Givens (Charleston)             Seat 6, 6th Congressional District
Ms. Angela G. Brown (Columbia)         Seat 6, 6th Congressional District
Mr. Stephon Edwards (Orangeburg)                     Seat 8 at-large
Mr. Jim Furtick (Orangeburg)                             Seat 8 at large
Mr. Warren Darby (Columbia)                             Seat 8 at-large
Mrs. Theresa Counts-Davis (W. Columbia)         Seat 8 at-large
Mr. J. D. Hydrick (Orangeburg)                         Seat 8 at-large
Dr. James A. Boykin (Lancaster)                         Seat 10 at-large
Mr. William Clinkscales (Clemson)                     Seat 10 at-large
Mr. Ellis Rogers (Cheraw)                                 Seat 10 at-large
Ms. Rhonda Parish (Spartanburg)                         Seat 10 at-large
Wil Lou Gray Opportunity School (4 Seats)
Ms. Clotilda D. Diggs (Florence)                         at-large
Mr. Russell Hart (Laurens)                                 at-large
Ms. Elizabeth Thrailkill (Fort Lawn)                 at-large
Ms. Jennalyn Dalrymple (Blythewood)             at-large
Mr. Dan Smith (Gaffney)                                     at-large
Mr. Robert Moeller (Columbia)                         at-large

Respectfully submitted,
Rep. Eugene C. Stoddard, Chm.         Sen. Addison "Joe" Wilson, V-Chm.
Rep. Curtis B. Inabinett, Sec.             Sen. Warren K. Giese
Rep. Lanny F. Littlejohn                     Sen. Maggie W. Glover
Rep. Olin Phillips                                 Sen. James E. Bryan, Jr.

On motion of Rep. STODDARD, the report was ordered printed in the Journal.

On motion of Rep. QUINN, with unanimous consent, the following were taken up for immediate consideration and accepted:

March 24, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

I am writing to request that your committee place the Transportation Association of South Carolina's up-coming breakfast for the Legislature on the House of Representatives Invitations Calendar. The breakfast will be at the Clarion Town House Hotel in Columbia on Thursday, May 1, 1997, from 8:00 A.M. until 8:45 A.M.

We will invite the entire General Assembly and the value of the breakfast will not exceed $12.00. Thank you for your help in this endeavor.

Sincerely,
Lynnda C. Bassham
Vice President
February 27, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

The Officers and Board of Directors of the South Carolina Horsemen's Council cordially invite the Members of the South Carolina House of Representatives and the Members of the South Carolina Senate to attend a Legislative Reception on May 6, 1997. The reception will be held at the State Museum, 301 Gervais Street, from 6:00 P.M. until 8:00 P.M.

We look forward to being with you on May 6th, and with warmest regards, I am

Yours very truly,
Bobby R. Anderson
President

March 4, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

The South Carolina Nurses Association would like to invite the entire membership of the South Carolina House of Representatives to breakfast on May 7, 1997. This event will be in celebration of Nurses Week in South Carolina and the United States.

The breakfast will be held in Room 208 of the Blatt Building. It will be a drop-in from 7:30 A.M. until 9:00 A.M.

We shall plan to send individual invitations to all members of the House for this event.

We look forward to hearing from your committee and hope that this event will fit into your busy schedule.

Sincerely yours,
Latrell P. Fowler, RN, PhD
President
February 28, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

Walter P. Rawl & Sons would like to host the General Assembly with a buffet luncheon on Wednesday, May 7, 1997. The luncheon will be held at the Blatt Building, Room 208 beginning upon your adjournment for lunch, and until 2:00 P.M.

The Walter P. Rawl Farm is a 900-acre fresh vegetable operation, specializing in the production of leafy greens (collards, mustard, turnip and kale), green onions and summer squash. The farm proudly serves and promotes agriculture through active participation in the S.C. Farm Bureau, Clemson Extension Service, the S.C. Department of Agriculture and many other organizations.

We ask that you please include this event on the House Calendar, and we look forward to seeing the members of the House of Representatives.

With kindest personal regards,
Howard N. Rawl

April 3, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

I would like to invite you and the members of the South Carolina House to a reception hosted by Governor David M. Beasely and the South Carolina Department of Parks, Recreation and Tourism in conjunction with National Tourism Week. "A Night of Appreciation" will be held at the Lace House from 6:00-8:00 P.M. on Wednesday, May 7, 1997.

Tourism in our State continues to be a pillar of our economy, not only strengthening families through the job creation process, but also providing visiting families with the type of entertainment you and I demand in our own leisure time. Visitation to South Carolina increased to over 32 million visitors resulting in a total economic impact of over $13.1 billion in 1996.

The purpose of National Tourism Week (May 4-10, 1997) is to raise the awareness of the contribution of the tourism industry to the economic growth and quality of life of South Carolina. In particular, we would like to thank this broad based industry, our allies and customers for "making tourism work" for South Carolina.

Please join us as we celebrate the growth and contribution of tourism to an improved quality of life for all South Carolinians. We look forward to seeing you and members of the South Carolina House of Representatives on May 7.

Sincerely,
Grace G. Young

February 25, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

We would like to formally invite you, all members of the House of Representatives and their spouses as well as House staff members to attend the annual Governmental Affairs reception given by DuPont. The reception will be at the Capital City Club from 6:00 P.M. until 8:00 P.M. on May 13, 1997. We anticipate favorable action from the Invitations Committee.

We look forward every year to this reception which is sponsored by the DuPont manufacturing sites in Berkeley, Florence and Kershaw Counties as well as the Conoco gas station outlets in the State. This year's reception will give us an opportunity to visit with the governmental leaders of South Carolina.

We will also be inviting members of the Senate, all Constitutional Officers and selected Boards and Commissions that we work with on a routine basis. In addition, several trade associations to which we belong and our key customers in the State will be attending.

We look forward to seeing you and other members of the House of Representatives at the reception on May 13, 1997, at the Capital City Club. If you have any questions about the reception, please contact Ms. Jean Hopkins at the May Plant at 425-2212.

Sincerely,
John D. Strait - Site Manager, Camden
Francine P. Cheeseman - Site Manager, Florence
Murray D. Brockman - Site Manager, Cooper River

March 5, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

The South Carolina Dairy Association wishes to extend to the members of the South Carolina House of Representatives, their spouses, staff and attachés, an invitation to "Ice Cream Under the Veranda" scheduled for Wednesday, May 14, 1997, from 10:00 A.M. until 3:00 P.M. "Ice Cream Under the Veranda" will be held at the Carolina Plaza near the Pendleton Street entrance. Please call us if you have any questions.

Sincerely,
Bill Murray
SCDA President

The following was received.
Columbia, S.C., April 9, 1997
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has reconsidered concurrence in the amendments proposed by the House to:
S. 70 -- Senator McConnell: A BILL TO AMEND SECTION 2-19-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY OF RETIRED JUSTICES OR JUDGES TO BE APPOINTED TO SERVE IN COURTS OF THIS STATE, SO AS TO PROVIDE THAT THESE JUSTICES OR JUDGES MUST BE FOUND QUALIFIED TO SERVE BY THE JUDICIAL MERIT SELECTION COMMISSION WITHIN FOUR YEARS RATHER THAN TWO YEARS OF THEIR DATE OF APPOINTMENT TO SERVE; AND TO AMEND SECTION 2-19-110, RELATING TO THE ELIGIBILITY OF PERSONS TO BE APPOINTED AS MASTER-IN-EQUITY AFTER REVIEW BY THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO REVISE THE APPOINTMENT PROCEDURE.
Very respectfully,
President

Received as information.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3449 -- Reps. Haskins, Altman, H. Brown, Knotts, Mason, Lee, R. Smith, Davenport, Sandifer, Cooper, Littlejohn, Phillips, McMahand, F. Smith, Cato, Chellis, Koon, Vaughn, Hamilton, Leach, Rhoad, Campsen, Riser, Koon, Stille, Kinon, Limehouse, Young-Brickell, Battle, Meacham, Whatley, Byrd, Webb, Simrill and Barrett: A BILL TO AMEND SECTION 16-17-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EAVESDROPPING OR PEEPING, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO BE AN EAVESDROPPER OR A PEEPING TOM ON A PUBLIC PREMISE.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 292 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-31-216 SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION SHALL COLLECT AND MAINTAIN CONCEALABLE WEAPON APPLICATION, RENEWAL, AND REPLACEMENT FEES FOR THE ADMINISTRATION OF THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1996".

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3193 -- Reps. Young, Meacham and Bauer: A BILL TO AMEND SECTION 16-13-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PETIT AND GRAND LARCENY, SO AS TO PROVIDE THAT THE THEFT OF A FIREARM IS GRAND LARCENY AND TO PROVIDE PENALTIES.

Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, Rep. MOODY-LAWRENCE, for the minority, submitted an unfavorable report on:

H. 3310 -- Reps. Stille, Cooper, Townsend, Kelley, Limehouse, Campsen, Harrell, Witherspoon, Altman and Keegan: A BILL TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS TO THE STATE EMPLOYMENT GRIEVANCE PROCEDURE, SO AS TO PROVIDE THAT CERTAIN DEPARTMENT OF TRANSPORTATION EMPLOYEES ARE COVERED BY THESE EXEMPTIONS.

Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

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.

Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 3461 -- Reps. McMahand, F. Smith, Sheheen, Allison, Breeland, Spearman, Littlejohn, Lee, Stoddard and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-545 SO AS TO AUTHORIZE PARENTS AND OTHER ADULT SCHOOL VOLUNTEERS TO RIDE SCHOOL BUSES ON A SPACE AVAILABLE BASIS IN CONJUNCTION WITH THEIR VOLUNTEER SCHOOL ACTIVITIES UNDER CERTAIN CONDITIONS.

Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 3594 -- Reps. Chellis, Altman, Bailey, Barfield Barrett, Battle, Bauer, Baxley, Boan, Bowers, H. Brown, J. Brown, T. Brown, Campsen, Cato, Cave, Cobb-Hunter, Cooper, Dantzler, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Haskins, Hawkins, Hinson, Howard, Inabinett, Jordan, Kennedy, Kinon, Kirsh, Klauber, Law, Leach, Lee, Limbaugh, Limehouse, Lloyd, Loftis, Maddox, Martin, Mason, McCraw, Meacham, Miller, Moody-Lawrence, Mullen, Neilson, Pinckney, Quinn, Rice, Riser, Robinson, Rodgers, Sandifer, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Trotter, Walker, Webb, Whatley, Whipper, Wilder, Woodrum, Young and Young-Brickell: A BILL TO AMEND SECTION 59-20-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPENDING PRIORITIES, AUDITS, EVALUATIONS, AND REPORTS UNDER THE EDUCATION FINANCE ACT, SO AS TO PROVIDE THAT THE ANNUAL SCHOOL DISTRICT PROGRAMMATIC REPORTS TO THE PARENTS AND CONSTITUENTS OF THE DISTRICT MUST BE PROVIDED ON DECEMBER FIRST OF EACH YEAR RATHER THAN NOVEMBER FIFTEENTH.

Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:

S. 428 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PARAPROFESSIONAL PERSONNEL POSITIONS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1952, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:

S. 430 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PARAPROFESSIONAL PERSONNEL QUALIFICATIONS AND DUTIES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1953, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:

S. 433 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ATTENDANCE (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2097, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:

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.

Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:

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.

Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:

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.

Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:

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.

Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:

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.

Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:

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.

Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:

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.

Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:

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.

Ordered for consideration tomorrow.

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

H. 3893 -- Reps. Harrison, Bailey, Kirsh, Simrill, Edge and Sandifer: A BILL TO AMEND CHAPTER 7, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLANNING BY LOCAL GOVERNMENTS, BY ADDING ARTICLE 15 SO AS TO ESTABLISH UNIFORM STANDARDS FOR A LOCAL GOVERNMENTAL ENTITY TO REQUIRE A DEVELOPER TO PAY A PROPORTIONATE SHARE OF THE COST OF NEW PUBLIC FACILITIES NEEDED TO SERVE NEW GROWTH AND DEVELOPMENT, AND TO ESTABLISH PROCEDURES FOR ADOPTING A CAPITAL IMPROVEMENTS PLAN, FOR COMPUTING THE PROPORTIONATE SHARE OF COSTS, AND FOR PASSING AN ORDINANCE IMPOSING DEVELOPMENT IMPACT FEES.

Referred to Committee on Ways and Means.

H. 3894 -- Rep. Boan: A BILL TO AMEND CHAPTER 54, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX COLLECTION AND ENFORCEMENT, BY ADDING SECTION 12-54-255 SO AS TO PROHIBIT THE USE OF FORCE OR THREATS OF FORCE AGAINST AN OFFICER OR EMPLOYEE OF THE DEPARTMENT OF REVENUE ACTING IN THE COURSE OF THE DEPARTMENT'S DUTIES, TO PROHIBIT THE USE OF FORCE TO RESCUE PROPERTY SEIZED BY THE DEPARTMENT, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-3-1040, AS AMENDED, RELATING TO THREATS AGAINST THE LIFE OR FAMILY OF A PUBLIC OFFICIAL, SO AS TO INCLUDE "PUBLIC EMPLOYEES" AS A PROTECTED CLASS.

Referred to Committee on Judiciary.

H. 3895 -- Education and Public Works: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STUDENT ATTENDANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2028, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3896 -- Rep. Kirsh: A BILL TO AMEND SECTION 38-9-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS REGARDING INSURANCE COMPANIES, REINSURANCE CREDITS, AND LIABILITY REDUCTIONS, SO AS TO REVAMP THE SECTION BY DELETING CERTAIN PROVISIONS AND LANGUAGE AND BY ADDING PROVISIONS THAT PROVIDE, AMONG OTHER THINGS, THAT THE ASSUMING INSURER SHALL SUBMIT TO EXAMINATION OF ITS BOOKS AND RECORDS BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE AND BEAR THE EXPENSE OF EXAMINATION, THAT CREDIT FOR REINSURANCE SHALL NOT BE GRANTED UNLESS THE FORM OF THE TRUST AND ANY AMENDMENTS TO THE TRUST HAVE BEEN APPROVED BY THE INSURANCE COMMISSIONER OF THE STATE WHERE THE TRUST IS DOMICILED OR THE INSURANCE COMMISSIONER OF ANOTHER STATE WHO, PURSUANT TO THE TERMS OF THE TRUST AGREEMENT, HAS ACCEPTED PRINCIPAL REGULATORY OVERSIGHT OF THE TRUST, THAT THE FORM OF THE TRUST AND ANY TRUST AMENDMENTS MUST BE FILED WITH THE INSURANCE COMMISSIONER OF EVERY STATE IN WHICH CEDING INSURER BENEFICIARIES OF THE TRUST ARE DOMICILED, THAT THE TRUST FUND FOR A SINGLE ASSUMING INSURER SHALL CONSIST OF FUNDS IN TRUST IN AN AMOUNT NOT LESS THAN THE ASSUMING INSURER'S LIABILITIES ATTRIBUTABLE TO REINSURANCE CEDED BY UNITED STATES CEDING INSURERS, AND THAT THE ASSUMING INSURER SHALL MAINTAIN A TRUSTEED SURPLUS OF NOT LESS THAN TWENTY MILLION DOLLARS.

Referred to Committee on Labor, Commerce and Industry.

H. 3897 -- Rep. Kirsh: A BILL TO AMEND SECTION 38-27-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REHABILITATION AND LIQUIDATION OF INSURERS, FORMAL PROCEEDINGS, AND LIABILITY OF THE REINSURER, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE ORIGINAL INSURED OR POLICYHOLDER SHALL NOT HAVE ANY RIGHTS AGAINST THE REINSURER WHICH ARE NOT SPECIFICALLY SET FORTH IN THE REINSURANCE CONTRACT OR OTHER AGREEMENT BETWEEN THE REINSURER AND THE ORIGINAL INSURED OR POLICYHOLDER.

Referred to Committee on Labor, Commerce and Industry.

H. 3898 -- Rep. Kirsh: A BILL TO AMEND SECTION 38-9-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS REGARDING INSURANCE COMPANIES AND THE REDUCTION FROM LIABILITY FOR REINSURANCE, SO AS TO, AMONG OTHER THINGS, MAKE THE PROVISIONS OF THIS SECTION APPLICABLE TO "AN ASSET".

Referred to Committee on Labor, Commerce and Industry.

H. 3899 -- Rep. Kirsh: A BILL TO AMEND SECTION 38-27-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REHABILITATION AND LIQUIDATION OF INSURERS, FORMAL PROCEEDINGS, AND SETOFFS AND COUNTERCLAIMS, SO AS TO DELETE THE RESTRICTIONS AGAINST COUNTERCLAIMS AND TO DELETE THE PROVISION THAT NO SETOFF IS ALLOWED IN FAVOR OF ANY PERSON WHERE THE OBLIGATION OF THE PERSON IS TO PAY PREMIUMS WHETHER EARNED OR UNEARNED TO THE INSURER.

Referred to Committee on Labor, Commerce and Industry.

H. 3900 -- Rep. Kirsh: A BILL TO AMEND SECTION 38-27-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURERS' REHABILITATION AND LIQUIDATION ACT, FORMAL PROCEEDINGS, AND PRIORITY OF DISTRIBUTION, SO AS TO REORDER THE PRIORITY OF DISTRIBUTION OF CLAIMS FROM AN INSURER'S ESTATE WITH RESPECT TO CLASSES OF CLAIMS, AND PROVIDE FOR A NEW CLASS COVERING THE "CLAIMS OF INSURERS AND REINSURERS" AND ESTABLISH THIS CLASS AS "CLASS 3" IN THE PRIORITY ORDER OF DISTRIBUTION.

Referred to Committee on Labor, Commerce and Industry.

H. 3901 -- Rep. Sharpe: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 SO AS TO ENACT THE SOUTHERN INTERSTATE DAIRY COMPACT ACT OF 1997, TO PROVIDE THAT THE GOVERNOR MAY EXECUTE AN INTERSTATE DAIRY COMPACT WITH THE DESIGNATED COMPACT STATES SO AS TO ADOPT THE SOUTHERN INTERSTATE DAIRY COMPACT, TO PROVIDE WHEN THE COMPACT BECOMES OPERATIVE AND EFFECTIVE, AND THAT WHEN THE COMPACT BECOMES EFFECTIVE, IT IS THE POLICY OF THIS STATE TO PERFORM AND CARRY OUT THE PROVISIONS OF THE COMPACT, TO PROVIDE THAT THE COMMISSIONER OF AGRICULTURE IS THE COMPACT ADMINISTRATOR FOR THIS STATE, TO PROVIDE FOR THE STATE'S DELEGATION TO THE SOUTHERN INTERSTATE DAIRY COMPACT COMMISSION, AND FOR MEMBERSHIP, APPOINTMENTS, TERMS, AND FILLING OF VACANCIES ON THE DELEGATION, TO PROVIDE FOR PER DIEM AND REIMBURSEMENT OF TRAVEL EXPENSES FOR MEMBERS OF THE DELEGATION, TO PROVIDE FOR FUNDING, FACILITIES, ASSISTANCE, AND ACCESS TO INFORMATION AND DATA FROM OTHER STATE OFFICERS, AGENCIES, AND EMPLOYEES, AND FROM PRIVATE PERSONS BY LAWFUL MEANS, TO ASSIST THE DELEGATION IN CARRYING OUT THE PURPOSES OF THE COMPACT, TO PROVIDE FOR THE ADOPTION OF RULES AND REGULATIONS AS NECESSARY TO CARRY OUT THE PURPOSES OF THE COMPACT AND THIS CHAPTER, INCLUDING PROVISIONS FOR THE REVOCATION OR FORFEITURE OF LICENSES, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THE COMPACT, RELATED RULES AND REGULATIONS, OR THE PROVISIONS OF THIS CHAPTER.

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

H. 3902 -- Reps. Sharpe, Whipper, Witherspoon, Littlejohn, Whatley and Limehouse: A BILL TO AMEND CHAPTER 11, TITLE 50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME, SO AS TO FURTHER PROVIDE FOR THE PROTECTION OF GAME IN THIS STATE; TO AMEND SECTION 50-1-60, AS AMENDED, RELATING TO THE DIVISION OF THE STATE INTO GAME ZONES, SO AS TO REVISE AND CONSOLIDATE THE GAME ZONES; BY ADDING SECTION 50-1-138 SO AS TO PROVIDE PENALTIES FOR CONSPIRING TO VIOLATE ANY PROVISIONS OF THE WILDLIFE, FISHERIES, MARINE, AND BOATING LAWS OF THIS STATE; BY ADDING SECTION 50-9-1115 SO AS TO PROVIDE THAT PERSONS CONVICTED OF CERTAIN OFFENSES WHO FAIL TO PAY THE FINE OR RESTITUTION ORDERED ARE INELIGIBLE FOR PERMITS, LICENSES, OR REGISTRATIONS ISSUED BY THE DEPARTMENT OF NATURAL RESOURCES; TO AMEND SECTION 50-17-810, AS AMENDED, RELATING TO CLOSED AND OPEN SEASONS ON SHAD, SO AS TO FURTHER PROVIDE FOR THE SEASON FOR TAKING SHAD; AND TO REPEAL SECTIONS 50-1-40, 50-1-90, 50-1-100, 50-1-125, 50-3-360, 50-13-20, 50-13-90, 50-13-110, 50-13-120, 50-13-190, 50-13-200, 50-13-320, 50-13-350, 50-13-360, 50-13-530, 50-13-610, 50-13-620, 50-13-680, 50-13-690, 50-13-700, 50-13-815, 50-13-980, 50-13-990, 50-13-1010, 50-13-1020, 50-13-1194, 50-13-1450, 50-13-1470, 50-13-1940, 50-13-2010, 50-17-35, 50-17-811, 50-17-812, 50-17-813, 50-17-814, 50-17-815, 50-17-816, 50-17-817, 50-17-820, 50-17-850, 50-17-855, 50-17-865, 50-19-10, 50-19-110, 50-19-120, 50-19-130, 50-19-210, 50-19-220, 50-19-230, 50-19-240, 50-19-310, 50-19-330, 50-19-410, 50-19-710, 50-19-720, 50-19-730, 50-19-740, 50-19-750, 50-19-760, 50-19-770, 50-19-780, 50-19-1010, 50-19-1020, 50-19-1110, 50-19-1120, 50-19-1130, 50-19-1140, 50-19-1150, 50-19-1160, 50-19-1170, 50-19-1180, 50-19-1510, 50-19-1710, 50-19-1720, 50-19-1730, 50-19-1910, 50-19-1920, 50-19-1925, 50-19-1930, 50-19-2220, 50-19-2310, 50-19-2330, 50-19-2400, 50-19-2520, 50-19-2530, 50-19-2620, 50-19-2630, AND 50-19-3010 RELATING TO VARIOUS PROVISIONS OF LAW IN REGARD TO WILDLIFE ARE REPEALED.

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

H. 3903 -- Reps. Gamble, Neilson, Cobb-Hunter, Spearman, Young-Brickell, Lanford, Kinon, Koon, Kelley, Keegan, Boan, Kennedy, H. Brown, Allison, Riser, Robinson, Vaughn and Harrell: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING SERVICE CREDIT IN THE SOUTH CAROLINA RETIREMENT SYSTEM FOR MATERNITY LEAVE, SO AS TO DELETE THE REQUIREMENT THAT TO BE ELIGIBLE TO ESTABLISH SUCH CREDIT AN EMPLOYEE MUST NOT BE ABSENT FROM WORK FOR A PERIOD GREATER THAN TWO YEARS FOR EACH PREGNANCY.

Referred to Committee on Ways and Means.

H. 3904 -- Reps. Fleming, Knotts, Koon and Tripp: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1(8), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ASSESSMENT RATIO APPLICABLE TO CERTAIN PERSONAL PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ESTABLISH A SEPARATE CLASS FOR CERTAIN PROPERTY REQUIRED TO BE TITLED BY A STATE OR FEDERAL AGENCY, AND TO PROVIDE THE ASSESSMENT RATIOS FOR THE NEW CLASS.

Referred to Committee on Ways and Means.

H. 3905 -- Reps. Fleming, Limehouse, Seithel, Meacham, Sandifer, Simrill, Keegan, Limbaugh, Battle, Davenport and Tripp: A BILL TO AMEND SECTION 23-3-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENDER REGISTRY INFORMATION NOT BEING AVAILABLE TO THE PUBLIC EXCEPT UPON WRITTEN REQUEST TO THE COUNTY SHERIFF, SO AS TO PROVIDE THAT INFORMATION COLLECTED FOR THE OFFENDER REGISTRY IS OPEN TO PUBLIC INSPECTION, AND TO DELETE REQUIREMENTS THAT A PERSON REQUEST THE INFORMATION FROM THE SHERIFF IN WRITING, AND THAT THE INFORMATION MUST BE DISCLOSED ONLY TO THE PERSON MAKING THE REQUEST.

Referred to Committee on Judiciary.

H. 3906 -- Reps. Fleming, Inabinett and Clyburn: A BILL TO AMEND SECTION 56-9-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT AND DEFINITIONS, SO AS TO PROVIDE A DEFINITION FOR "UNINSURED MOTORIST FUND"; TO AMEND CHAPTER 10, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, BY ADDING ARTICLE 5 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF AN UNINSURED MOTORIST FUND; TO AMEND SECTION 38-73-470, AS AMENDED, RELATING TO PROPERTY, CASUALTY, AND INLAND MARINE INSURANCE, SURETY RATES, RATE-MAKING ORGANIZATIONS, AND DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT ONE DOLLAR OF THE YEARLY PREMIUM BE PLACED ON DEPOSIT WITH THE STATE TREASURER IN THE "UNINSURED ENFORCEMENT FUND"; TO AMEND SECTION 38-77-10, AS AMENDED, RELATING TO THE DECLARATION OF THE PURPOSE OF THE AUTOMOBILE INSURANCE LAW, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, THAT ONE OF THE PURPOSES IS TO PROVIDE FOR AN ASSIGNED RISK PLAN KNOWN AS THE "SOUTH CAROLINA AUTOMOBILE INSURANCE PLAN" FOR CERTAIN PERSONS; BY ADDING SECTION 38-77-122 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO INSURER OR AGENT SHALL REFUSE TO ISSUE AN AUTOMOBILE INSURANCE POLICY AS DEFINED IN SECTION 38-77-30 BECAUSE OF THE APPLICANT'S AGE, SEX, LOCATION OF RESIDENCE IN SOUTH CAROLINA, RACE, COLOR, CREED, NATIONAL ORIGIN, ANCESTRY, MARITAL STATUS, INCOME LEVEL, PREVIOUS REFUSAL OF AUTOMOBILE INSURANCE BY ANOTHER INSURER, PRIOR PURCHASE OF INSURANCE THROUGH THE SOUTH CAROLINA AUTOMOBILE INSURANCE PLAN, OR LAWFUL OCCUPATION, INCLUDING MILITARY SERVICE; BY ADDING SECTION 38-77-123 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO INSURER SHALL REFUSE TO RENEW AN AUTOMOBILE INSURANCE POLICY BECAUSE OF CERTAIN SPECIFIED FACTORS AND THAT NOTHING IN THIS SECTION REQUIRES AN INSURER TO RENEW A POLICY OF AUTOMOBILE INSURANCE WHERE THE INSURED'S OCCUPATION HAS CHANGED SO AS TO MATERIALLY INCREASE THE RISK; BY ADDING SECTION 38-77-124 SO AS TO PROVIDE THAT NO INSURER OR AGENT SHALL REFUSE TO ISSUE OR FAIL TO RENEW A POLICY OF MOTOR VEHICLE LIABILITY INSURANCE SOLELY BECAUSE OF THE AGE OF THE MOTOR VEHICLE TO BE INSURED SO LONG AS THE MOTOR VEHICLE IS LICENSED; BY ADDING SECTION 38-77-151 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ALL FUNDS COLLECTED BY THE DIRECTOR OF THE DEPARTMENT OF REVENUE UNDER CHAPTER 10, TITLE 56 MUST BE PLACED ON DEPOSIT WITH THE STATE TREASURER AND HELD IN A SPECIAL FUND TO BE KNOWN AS THE "UNINSURED MOTORISTS FUND" TO BE DISBURSED AS PROVIDED BY LAW; BY ADDING SECTION 38-77-154 SO AS TO PROVIDE THAT THE UNINSURED MOTORISTS FUND SHALL BE UNDER THE SUPERVISION AND CONTROL OF THE DEPARTMENT OF INSURANCE, REQUIRE PAYMENTS FROM THIS FUND TO BE MADE ON WARRANTS OF THE COMPTROLLER GENERAL ISSUED ON VOUCHERS SIGNED BY A PERSON DESIGNATED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, AND SET FORTH THE PURPOSE OF THE FUND; BY ADDING SECTION 38-77-155 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE SHALL DISTRIBUTE MONIES ANNUALLY FROM THE UNINSURED MOTORISTS FUND AMONG THE SEVERAL INSURERS WRITING MOTOR VEHICLE BODILY INJURY AND PROPERTY DAMAGE LIABILITY INSURANCE ON MOTOR VEHICLES REGISTERED IN SOUTH CAROLINA; TO AMEND SECTION 38-77-530, AS AMENDED, RELATING TO THE PLAN OF OPERATION OF THE REINSURANCE FACILITY, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE PLAN MUST COMMENCE RECOUPMENT OF FACILITY ASSESSMENTS BY WAY OF A SURCHARGE ON PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE BUSINESS ISSUED BY A MEMBER OR THROUGH THE FACILITY, THAT THE SURCHARGE MUST BE A PERCENTAGE OF THE PREMIUM ADOPTED BY THE GOVERNING BOARD OF THE FACILITY, THAT THE CHARGES DETERMINED ON THE BASIS OF THE SURCHARGE MUST BE DISPLAYED AS A PART OF THE APPLICABLE PREMIUM CHARGES, AND THAT THE FACILITY SHALL CONVERT TO THE PERCENTAGE-OF-PREMIUM BASIS OF RECOUPMENT BY MARCH 1, 1998; TO AMEND CHAPTER 77, TITLE 38, RELATING TO AUTOMOBILE INSURANCE, BY ADDING ARTICLE 8 SO AS TO ENACT PROVISIONS OF LAW CONCERNING "ASSIGNMENT OF RISKS"; TO PROHIBIT PLACING AN INSURED IN THE SOUTH CAROLINA REINSURANCE FACILITY BASED ON, OR BECAUSE OF, CERTAIN CRITERIA SO LONG AS THE FACILITY REMAINS OPERATIONAL IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT; TO AMEND THE 1976 CODE BY ADDING SECTION 56-10-285 SO AS TO PROVIDE FOR THE ISSUANCE AND USE OF MOTOR VEHICLE STICKERS OR DECALS INDICATING THAT A VEHICLE IS AN INSURED VEHICLE, PROVIDE FOR THE PROMULGATION OF REGULATIONS, ESTABLISH A MISDEMEANOR OFFENSE AND PENALTIES, AND PROVIDE FOR RELATED MATTERS; TO REPEAL ARTICLE 5 CHAPTER 77, TITLE 38, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND DESIGNATED PRODUCERS, EFFECTIVE JANUARY 1, 2005; AND TO REPEAL SECTION 38-73-450, RELATING TO THE FAIRNESS OF AUTOMOBILE INSURANCE RATES OR PREMIUM CHARGES AND BURDEN ON THE INSURER TO PROVE FAIRNESS, SECTION 38-73-455, RELATING TO AUTOMOBILE INSURANCE RATES, SECTION 38-73-457, RELATING TO THE REQUIREMENT UPON AUTOMOBILE INSURERS AND RATING ORGANIZATIONS TO FILE INFORMATION ON BASE RATES, SECTION 38-73-460, RELATING TO THE EFFECT OF GAINS AND LOSSES INCURRED BY MEMBER INSURERS OF THE REINSURANCE FACILITY ON RATES FOR AUTOMOBILE INSURANCE, SECTION 38-73-465, RELATING TO AUTOMOBILE INSURANCE AND UNFAIRLY DISCRIMINATORY, EXCESSIVE, OR UNREASONABLE PROFITS OR RATES, SECTION 38-73-720, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND THE POWER TO ESTABLISH RISK AND TERRITORIAL CLASSIFICATIONS, SECTION 38-73-730, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND RISK CLASSIFICATION PLANS, SECTION 38-73-731, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, REMOVAL FROM THE YOUTHFUL DRIVER CLASSIFICATION, AND REFUND OF EXCESS PREMIUM PAID, SECTION 38-73-735, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND THE PLAN FOR CREDITS AND DISCOUNTS, SECTION 38-73-750, RELATING TO THE REQUIREMENT THAT AUTOMOBILE INSURERS FILE WITH THE STATE RATING AND STATISTICAL DIVISION THEIR PLANS OR SYSTEMS FOR ALLOCATING EXPENSES AND PROFIT AS RESPECTS THE VARIOUS KINDS OR TYPES OF AUTOMOBILE INSURANCE RISKS AND THE CLASSES OF RISKS THEREUNDER, SECTION 38-73-760, RELATING TO INSURANCE, THE STATE-RATING AND STATISTICAL DIVISION, AND UNIFORM STATISTICAL PLANS, SECTION 38-73-770, RELATING TO INSURANCE AND THE REQUIREMENT THAT EVERY CLASSIFICATION PLAN PROMULGATED BY THE DEPARTMENT OF INSURANCE BE SO STRUCTURED AS TO PRODUCE RATES OR PREMIUM CHARGES WHICH ARE ADEQUATE, NOT EXCESSIVE, AND NOT UNFAIRLY DISCRIMINATORY, SECTION 38-73-775, RELATING TO THE ANNUAL FILING OF THE PHYSICAL DAMAGE LOSS COMPONENT BY THE SOUTH CAROLINA REINSURANCE FACILITY, SECTION 38-77-110, RELATING TO THE "MANDATE TO WRITE", AUTOMOBILE INSURANCE COVERAGE, THE REQUIREMENT UPON INSURERS TO INSURE, AND EXCEPTIONS, SECTION 38-77-111, RELATING TO AUTOMOBILE INSURANCE POLICIES WHICH MAY BE CEDED TO THE REINSURANCE FACILITY, SECTION 38-77-115, RELATING TO THE AUTOMOBILE INSURANCE LAW AND THE SIGNS REQUIRED IN AN AGENT'S PLACE OF BUSINESS, SECTION 38-77-145, RELATING TO THE AUTOMOBILE INSURANCE LAW AND THE PROVISION THAT PERSONAL INJURY PROTECTION COVERAGE IS NOT MANDATED, SECTION 38-77-285, RELATING TO THE REQUIREMENT THAT ALL AUTOMOBILE INSURANCE COVERAGES ARE TO BE IN ONE POLICY, SECTION 38-77-360, RELATING TO THE PROHIBITION AGAINST AN INCREASE IN AUTOMOBILE INSURANCE PREMIUMS AFTER CERTAIN FIRST-OFFENSE VIOLATIONS, SECTION 38-77-600, RELATING TO AUTOMOBILE INSURANCE AND THE REINSURANCE FACILITY RECOUPMENT CHARGE, SECTION 38-77-605, RELATING TO THE REQUIREMENT THAT THE REINSURANCE FACILITY RECOUPMENT CHARGE MUST BE DISPLAYED IN A CERTAIN MANNER IN INSURANCE PREMIUM NOTICES OR BILLS, SECTION 38-77-610, RELATING TO AUTOMOBILE INSURANCE AND THE FILING OF REINSURANCE FACILITY RECOUPMENT CHARGES, SECTION 38-77-620, RELATING TO AUTOMOBILE INSURANCE AND THE INCLUSION OF FACILITY RECOUPMENT CHARGES IN AUTOMOBILE INSURANCE RATES, SECTION 38-77-625, RELATING TO THE PROVISION THAT IF AN INSURED IS INVOLVED IN A MOTOR VEHICLE ACCIDENT WHERE HE IS NOT THE AT-FAULT DRIVER, HIS REINSURANCE FACILITY RECOUPMENT CHARGE MAY NOT BE INCREASED BY HIS INSURER BECAUSE OF THIS OCCURRENCE, AND ARTICLE 9, CHAPTER 77, TITLE 38, RELATING TO THE AUTOMOBILE INSURANCE LAW AND CERTAIN UNLAWFUL ACTS.

Referred to Committee on Labor, Commerce and Industry.

H. 3907 -- Rep. Cooper: A BILL TO PROVIDE THAT THE TERM OF OFFICE OF THE SCHOOL TRUSTEE OF ANDERSON COUNTY SCHOOL DISTRICT NUMBER ONE ELECTED FROM AREA 2 EXPIRES IN THE YEAR 2000, AT WHICH TIME A SUCCESSOR SHALL BE ELECTED IN THE MANNER PROVIDED BY LAW.

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

H. 3908 -- Reps. Seithel, Breeland, Dantzler, Altman, Campsen, Harrell, Chellis, Inabinett, Limehouse, Whatley, Young-Brickell, Lloyd, Robinson and Clyburn: A BILL TO AMEND SECTION 12-51-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR EXECUTION, LEVY, NOTICE, AND SEIZURE AND SALE IN INSTANCES OF DELINQUENT COUNTY TAXES, SO AS TO CLARIFY THE MEANING OF "BEST ADDRESS", TO SPECIFY "RESTRICTED DELIVERY" OF CERTIFIED MAILED NOTICES, AND TO REQUIRE NOTICE TO THE OWNER OF RECORD; TO AMEND SECTION 12-51-50, RELATING TO SALE OF PROPERTY IN INSTANCES OF DELINQUENT COUNTY TAXES, SO AS TO PROVIDE FOR SITES ALTERNATIVE TO THE COUNTY COURTHOUSE; TO AMEND SECTION 12-51-60, AS AMENDED, RELATING TO PAYMENT BY SUCCESSFUL BIDDER AND DISPOSITION OF PROCEEDS, SO AS TO REQUIRE NOTICE TO THE OWNER OF RECORD OF THE PROPERTY; AND TO AMEND SECTION 12-51-100, RELATING TO REDEMPTION AND REFUND OF PURCHASE PRICE, SO AS TO CONFORM IT TO SECTION 12-51-90.

Referred to Committee on Judiciary.

H. 3909 -- Reps. Seithel, Breeland, Dantzler, Altman, Campsen, Harrell, Chellis, Inabinett, Limehouse, Whatley, Robinson, Byrd and J. Hines: A BILL TO AMEND SECTION 30-5-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXECUTION REQUIREMENTS FOR RECORDING OF DEEDS OR OTHER WRITTEN INSTRUMENTS, SO AS TO CLARIFY REQUIREMENTS FOR LIMITED POWERS OF ATTORNEY.

Referred to Committee on Judiciary.

H. 3910 -- Rep. Seithel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-37 SO AS TO MAKE IT AN "UNFAIR OR DECEPTIVE PRACTICE IN THE CONDUCT OF TRADE OR COMMERCE" FOR A PERSON ENGAGED IN THE BUSINESS OF REPAIRING MOTOR VEHICLES TO WITHHOLD INFORMATION FROM A VEHICLE OWNER AS TO WHETHER THE OWNER'S VEHICLE HAS BEEN REPAIRED WITH NEW OR USED PARTS, REQUIRE THE REPAIR BUSINESS TO PROVIDE TO THE OWNER A CERTAIN STATEMENT AND LIST, PROVIDE FOR A CAUSE OF ACTION FOR A VIOLATION OF THIS SECTION, AND PROVIDE FOR RELATED MATTERS.

Referred to Committee on Labor, Commerce and Industry.

H. 3911 -- Reps. Seithel, Breeland, Dantzler, Altman, Campsen, Harrell, Chellis, Inabinett, Limehouse, Whatley, Lloyd, Young-Brickell, Hinson and Byrd: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF RESIDENTIAL PROPERTY AND ASSESSMENT RATIOS, SO AS TO INCLUDE A RESIDENCE OWNED AND OCCUPIED PURSUANT TO A CONTRACT OF SALE.

Referred to Committee on Ways and Means.

H. 3912 -- Reps. Quinn and Seithel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-5080 SO AS TO PROVIDE A DESIGNATION ON INDIVIDUAL INCOME TAX FORMS ENABLING A TAXPAYER TO MAKE A CONTRIBUTION TO THE DRUG AWARENESS RESISTANCE EDUCATION FUND; AND BY ADDING ARTICLE 6 TO CHAPTER 53, TITLE 44 SO AS TO ESTABLISH THE DRUG AWARENESS RESISTANCE EDUCATION FUND, PROVIDE FOR ITS GOVERNANCE, DUTIES, AND THE EXPENDITURE OF FUNDS.

Referred to Committee on Ways and Means.

H. 3913 -- Rep. Haskins: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIREMENT SYSTEMS, BY ADDING CHAPTER 16, ENACTING THE "EQUITY INVESTMENT SAFEGUARDS ACT" SO AS TO AUTHORIZE THE INVESTMENT OF FUNDS OF THE VARIOUS STATE RETIREMENT SYSTEMS IN EQUITY SECURITIES AND TO ESTABLISH THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL AND PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES.

Referred to Committee on Ways and Means.

H. 3914 -- Reps. Seithel, Inabinett, Maddox, Whatley, Knotts, Martin, Robinson, Stille, Stuart, Simrill, Young-Brickell, Limbaugh, Byrd and Rodgers: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIME", SO AS TO INCLUDE THE COMMON LAW CRIME OF ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE.

Referred to Committee on Judiciary.

H. 3915 -- Reps. Seithel, Inabinett and Byrd: A BILL TO AMEND SECTIONS 42-15-95, AS AMENDED, 44-7-325, AND 44-115-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO MEDICAL RECORDS AND CHARGES FOR COPYING MEDICAL RECORDS, SO AS TO PROVIDE THAT A SEARCHING AND HANDLING FEE ONLY MAY BE CHARGED ONCE WHEN A PATIENT IS GATHERING INFORMATION IN CONNECTION WITH A CLAIM OR LEGAL DISPUTE.

Referred to Committee on Labor, Commerce and Industry.

H. 3916 -- Reps. Seithel, Knotts, Whatley, Sharpe, Fleming, Riser and Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-185 SO AS TO PROHIBIT THE PURCHASE, BARTER, OR TRADE OF MARINE PRODUCTS HANDLED OR TAKEN UNLAWFULLY AND PROVIDE PENALTIES.

Referred to Committee on Judiciary.

H. 3917 -- Rep. Klauber: A BILL TO AMEND SECTION 33-6-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS, SHARES AND DISTRIBUTIONS, AND SHARE OPTIONS, SO AS TO ADD PROVISIONS PROVIDING THAT IN THE CASE OF A PUBLIC CORPORATION THE TERMS AND CONDITIONS OF CERTAIN RIGHTS, OPTIONS, OR WARRANTS MAY INCLUDE RESTRICTIONS OR CONDITIONS THAT PRECLUDE OR LIMIT THE EXERCISE, TRANSFER, OR RECEIPT OF THE RIGHTS, OPTIONS, OR WARRANTS BY THE HOLDER OR HOLDERS OR BENEFICIAL OWNER OR OWNERS OF A SPECIFIED NUMBER OR PERCENTAGE OF THE OUTSTANDING VOTING SHARES OF THE PUBLIC CORPORATION.

Referred to Committee on Judiciary.

H. 3918 -- Rep. Klauber: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENUMERATED MATTERS EXEMPT FROM DISCLOSURE UNDER THE STATE FREEDOM OF INFORMATION LAW, SO AS TO PROVIDE FOR THE EXEMPTION FROM DISCLOSURE OF THE IDENTITY OF ANY INDIVIDUAL WHO, IN GOOD FAITH, MAKES A COMPLAINT OR OTHERWISE DISCLOSES INFORMATION, WHICH ALLEGE A VIOLATION OF LAW OR REGULATION, TO A STATE REGULATORY AGENCY.

Referred to Committee on Judiciary.

H. 3919 -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3365 SO AS TO ALLOW A TAXPAYER WHO OPERATES A QUALIFYING DISTRIBUTION FACILITY TO USE INCOME TAX CREDITS AGAINST OTHER STATE TAX LIABILITIES OTHER THAN PROPERTY TAX; TO AMEND SECTION 12-6-3490, RELATING TO THE LICENSE TAX CREDIT FOR CASH PAID TO PROVIDE INFRASTRUCTURE FOR A QUALIFIED PROJECT, SO AS TO ALLOW A PUBLICLY BUILT OFFICE PARK TO QUALIFY AS A QUALIFYING PROJECT AND DEFINE A QUALIFYING PROJECT; AND TO AMEND SECTION 12-14-60, RELATING TO THE ECONOMIC IMPACT ZONE INVESTMENT TAX CREDIT, SO AS TO ALLOW A TEN YEAR CARRY-OVER OF THE CREDIT.

Referred to Committee on Ways and Means.

H. 3920 -- Rep. Kennedy: A JOINT RESOLUTION TO PROVIDE THAT FORMER MEMBERS OF THE GENERAL ASSEMBLY WHOSE "LOST TRUST" INDICTMENTS WERE DISMISSED BY THE ORDER OF THE HONORABLE FALCON HAWKINS, SENIOR UNITED STATES DISTRICT COURT JUDGE FOR THE DISTRICT OF SOUTH CAROLINA, ARE DEEMED TO HAVE CONTINUOUS SERVICE IN THE GENERAL ASSEMBLY FOR THE PURPOSES OF COMPENSATION AND BENEFITS THROUGH THE EFFECTIVE DATE OF THIS JOINT RESOLUTION.

Referred to Committee on Judiciary.

H. 3921 -- Reps. Felder and Fleming: A BILL TO AMEND SECTION 43-7-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECOVERY FROM ESTATES OF CERTAIN INDIVIDUALS FOR MEDICAL ASSISTANCE, SO AS TO ESTABLISH CONDITIONS FOR UNDUE HARDSHIP UNDER WHICH SUCH RECOVERY MUST BE WAIVED UNTIL THE SECRETARY OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES ESTABLISHES CRITERIA.

Referred to Committee on Ways and Means.

H. 3922 -- Reps. Fleming and Limehouse: A BILL TO AMEND SECTION 40-22-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR REGISTRATION AS A CATEGORY A PROFESSIONAL ENGINEER, SO AS TO PROVIDE THAT THE MINIMUM EVIDENCE SATISFACTORY FOR AN APPLICANT TO QUALIFY FOR REGISTRATION AS A CATEGORY A PROFESSIONAL ENGINEER INCLUDES GRADUATION IN A TAC/ABET ACCREDITED ENGINEERING TECHNOLOGY CURRICULUM OF FOUR OR MORE YEARS FROM A SCHOOL OR COLLEGE APPROVED BY THE BOARD AS BEING IN SATISFACTORY STANDING, SUPPLEMENTAL POST GRADUATE STUDIES IN APPROVED ENGINEERING SCIENCE COURSES SUFFICIENT TO ENABLE THE APPLICANT TO PASS THE WRITTEN EXAMINATION REQUIRED FOR REGISTRATION AS A CATEGORY A PROFESSIONAL ENGINEER, A SPECIFIC RECORD AFTER GRADUATION OF EIGHT OR MORE YEARS OF EXPERIENCE IN ENGINEERING WORK OF A CHARACTER SATISFACTORY TO THE BOARD AND WHICH INDICATES THAT THE APPLICANT IS COMPETENT TO PRACTICE ENGINEERING, PASSING A WRITTEN EXAMINATION DESIGNED TO SHOW KNOWLEDGE AND SKILL APPROXIMATING THAT ATTAINED THROUGH GRADUATION IN AN EAC/ABET ACCREDITED FOUR-YEAR ENGINEERING CURRICULUM, AND THEN PASSING THE WRITTEN EXAMINATION REQUIRED FOR REGISTRATION AS A CATEGORY A PROFESSIONAL ENGINEER.

Referred to Committee on Labor, Commerce and Industry.

H. 3923 -- Rep. Rhoad: A BILL TO AMEND SECTION 56-5-4160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WEIGHING OF VEHICLES AND LOADS, EXCESS WEIGHT, AND PENALTIES FOR EXCESS WEIGHT, SO AS TO PROVIDE FOR CERTAIN ADDITIONAL WEIGHT TOLERANCES OF TRUCKS CARRYING FOREST PRODUCTS AND FOR THE FINES WHICH MAY BE IMPOSED FOR WEIGHT VIOLATIONS OF VEHICLES TRANSPORTING FOREST PRODUCTS.

Referred to Committee on Education and Public Works.

H. 3924 -- Reps. Bailey, G. Brown, Mason and Cato: A BILL TO AMEND CHAPTER 49, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLUMBERS AND PLUMBING, SO AS TO PROVIDE FOR STATEWIDE ADMINISTRATIVE CERTIFICATION OF PLUMBERS, ELECTRICIANS, AND HEATING AND AIR CONDITIONING MECHANICS, AND PROVIDE FOR RELATED MATTERS.

Referred to Committee on Labor, Commerce and Industry.

H. 3925 -- Reps. Young, Woodrum, Campsen and Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-17-16 SO AS TO REQUIRE A LOBBYIST TO WEAR A NAME TAG THAT IDENTIFIES WHO HE REPRESENTS WHILE IN THE LOBBY OF THE STATE HOUSE OR AT THE CAROLINA PLAZA.

Referred to Committee on Judiciary.

H. 3926 -- Reps. Koon and Cato: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO PROVIDE THAT IF AN AGENT TURNS FIFTY-FIVE YEARS OF AGE IN LESS THAN ONE YEAR OF THE TWENTY-FOUR MONTH CONTINUING EDUCATION CYCLE THEN THAT AGENT IS DEEMED TO HAVE COMPLIED WITH THE INTENT OF THE CODE SECTION AND IS NOT REQUIRED TO TAKE THE REQUISITE HOURS OF CONTINUING EDUCATION FOR THAT PARTICULAR CYCLE.

Referred to Committee on Labor, Commerce and Industry.

H. 3927 -- Rep. Seithel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY ANY LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT WHEREBY THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE; TO MAKE IT UNLAWFUL TO RAFFLE, ASK FOR DONATIONS, OR GIVE AWAY TICKETS OR HOLD DRAWINGS TO RECEIVE OR WIN ANY LIVE ANIMAL; AND TO PROVIDE PENALTIES.

Referred to Committee on Judiciary.

H. 3928 -- Rep. Seithel: A BILL TO AMEND SECTION 50-17-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR CERTAIN FISHING NETS, SO AS TO REQUIRE THE USE OF TURTLE EXCLUDER DEVICES IN CHANNEL NETS USED FOR TAKING SHRIMP.

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

H. 3929 -- Reps. Leach, Easterday and Harrell: A BILL TO AMEND SECTION 24-21-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STRUCTURE OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, AND THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES, AND THE PROCEDURE FOR APPOINTING PERSONS TO THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO PROVIDE THAT THE MEMBERS OF THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES SERVE AT THE WILL OF THE GOVERNOR.

Referred to Committee on Judiciary.

H. 3930 -- Rep. Kirsh: A BILL TO AMEND SECTION 42-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S WORKERS' COMPENSATION LAW AND THE SECOND INJURY FUND, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE SECOND INJURY FUND SHALL OPERATE UNDER THE DEPARTMENT OF INSURANCE RATHER THAN THE BUDGET AND CONTROL BOARD.

Referred to Committee on Labor, Commerce and Industry.

H. 3931 -- Medical, Military, Public and Municipal Affairs: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CONTROLLED SUBSTANCES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2162, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3932 -- Reps. Wilkins, H. Brown, Easterday, Klauber, Haskins, Young-Brickell, Cato, Cooper, Sharpe, Sandifer, Bailey, Robinson, Harrell, Boan, Knotts, Whatley, Young and Altman: A BILL TO AMEND CHAPTER 36 OF TITLE 12, RELATING TO SALES AND USE TAX, BY ADDING SECTION 12-36-160 SO AS TO ADD APPROPRIATE DEFINITIONS; TO AMEND SECTIONS 12-36-60, AS AMENDED, 12-36-70, AS AMENDED, 12-36-110, AS AMENDED, 12-36-120, AS AMENDED, 12-36-910, AS AMENDED, AND 12-36-1310, RELATING TO TAXING PROCEEDS OF RETAIL AND WHOLESALE SALES OF TANGIBLE PERSONAL PROPERTY, SO AS TO IMPOSE A FIVE PERCENT SALES AND USE TAX ON LOCAL TELECOMMUNICATION SERVICES, CABLE TELEVISION SUBSCRIBER SERVICES, AND PAGING SERVICES; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO DELETE THE EXEMPTION FOR TOLL CHARGES FOR VOICE OR MESSAGE TRANSMISSION, CHARGES FOR TELEGRAPH MESSAGES AND CARRIER AND CUSTOMER ACCESS LINE CHARGES; AND TO REPEAL SECTION 12-36-2645 RELATING TO TAXES ON THE PROCEEDS OF 900/976 TELEPHONE SERVICES.

Referred to Committee on Ways and Means.

H. 3933 -- Reps. Cave, Bowers and Pinckney: A BILL TO AMEND SECTION 20-7-1410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF FAMILY COURT JUDGES FOR EACH JUDICIAL CIRCUIT, SO AS TO PROVIDE THAT IN THOSE JUDICIAL CIRCUITS MADE UP OF FIVE COUNTIES, AT LEAST ONE FAMILY COURT JUDGE MUST BE A RESIDENT OF ONE OF THE THREE COUNTIES WITH THE SMALLEST POPULATION IN THE CIRCUIT AND TO PROVIDE THAT THE REQUIREMENT NOT APPLY TO INCUMBENTS SEEKING REELECTION.

Referred to Committee on Judiciary.

H. 3934 -- Rep. Davenport: A BILL TO AMEND TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING CHAPTER 8, THE INITIATIVE PETITION ACT, SO AS TO PROVIDE REQUIREMENTS FOR THE ENACTMENT OF LAWS AND CONSTITUTIONAL AMENDMENTS BY INITIATIVE PETITIONS AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Judiciary.

H. 3935 -- Rep. Davenport: A BILL TO AMEND TITLE 44, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, TUBERCULOSIS CAMPS, AND HEALTH SERVICE DISTRICTS BY ADDING ARTICLE 24, SO AS TO ESTABLISH THE HOSPITAL RATE COMMISSION, TO PROVIDE FOR ITS POWERS AND DUTIES, AND TO ESTABLISH PROCEDURES UNDER WHICH HOSPITALS MUST OBTAIN APPROVAL OF HOSPITAL RATES AND INCREASES IN RATES.

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

H. 3936 -- Rep. Davenport: A BILL TO AMEND SECTION 20-7-471, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPORTIONMENT OF PROPERTY ACQUIRED DURING MARRIAGE, SO AS TO FURTHER PROVIDE FOR THE APPORTIONMENT OF BUSINESS AND RESIDENTIAL PROPERTY.

Referred to Committee on Judiciary.

H. 3937 -- Reps. Limehouse, Seithel, Cobb-Hunter, Whatley, Govan, Bailey, McKay, Howard and Fleming: A BILL TO AMEND CHAPTER 111, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOLARSHIPS, BY ADDING ARTICLE 11 ENACTING THE DIGITAL ARTS SCHOLARSHIPS PROGRAM SO AS TO PROVIDE TUITION ASSISTANCE FOR STUDENTS ENROLLED IN DIGITAL ANIMATION PROGRAMS AT IN-STATE PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER EDUCATION, TO PLACE THE PROGRAM UNDER THE JURISDICTION OF THE STATE COMMISSION ON HIGHER EDUCATION, TO REQUIRE COMMISSION APPROVAL FOR PROGRAMS IN WHICH STUDENTS RECEIVING ASSISTANCE ARE ENROLLED, AND TO PROVIDE FOR REPORTS TO THE GENERAL ASSEMBLY ON JOB PLACEMENTS IN THIS STATE OF SCHOLARSHIP RECIPIENTS.

Referred to Committee on Ways and Means.

H. 3938 -- Reps. Limehouse, Seithel, Cobb-Hunter, Altman, Bailey, Inabinett, Hawkins, Loftis, Felder, Fleming, Cooper, Govan, Howard, McKay, Sharpe, Whatley, Scott and Klauber: A BILL TO AMEND SECTION 44-53-370, AS AMENDED, RELATING TO CERTAIN PROHIBITED ACTS AND PENALTIES ASSOCIATED WITH THE MANUFACTURE, DISTRIBUTION, DELIVERY, AND PURCHASE OF CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO ADMINISTER, DISTRIBUTE, DISPENSE, OR DELIVER A CONTROLLED SUBSTANCE TO AN INDIVIDUAL WITH THE INTENT TO COMMIT CERTAIN CRIMES.

Referred to Committee on Judiciary.

H. 3939 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-360, SO AS TO SHIFT CERTAIN FEATURES OF THE SOUTH CAROLINA STORM WATER MANAGEMENT AND SEDIMENT REDUCTION ACT TO THE SOUTH CAROLINA POLLUTION CONTROL ACT, AND TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS CONSISTENT WITH FEDERAL REQUIREMENTS TO IMPLEMENT THESE CHANGES; AND TO REPEAL CHAPTER 14, TITLE 48, RELATING TO THE SOUTH CAROLINA STORM WATER MANAGEMENT AND SEDIMENT REDUCTION ACT.

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

H. 3940 -- Reps. Klauber, McLeod, Kinon, Young, Hawkins, Harrison and Wilkins: A BILL TO AMEND CHAPTER 1, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MILITARY CODE, BY ADDING ARTICLE 25 SO AS TO ENACT THE "SOUTH CAROLINA TRUTH IN MILITARY CONFINEMENT ACT" WHEREBY NO EARLY RELEASES MAY BE GRANTED TO MILITARY PERSONNEL SERVING CONFINEMENT PURSUANT TO A SPECIAL, GENERAL, OR SUMMARY COURT MARTIAL.

Referred to Committee on Judiciary.

H. 3941 -- Rep. Davenport: A BILL TO AMEND CHAPTER 139, TITLE 59 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE ACT, SO AS TO REVISE THE PROVISIONS OF THIS CHAPTER; TO AMEND SECTION 59-5-65, AS AMENDED, RELATING TO THE RESPONSIBILITY OF THE STATE BOARD OF EDUCATION TO DEVELOP ONE-HALF DAY EARLY CHILDHOOD DEVELOPMENT PROGRAMS, SO AS TO FURTHER PROVIDE FOR THEIR RESPONSIBILITY; AND TO AMEND SECTION 59-20-60, AS AMENDED, RELATING TO SPENDING PRIORITIES UNDER THE EDUCATION FINANCE ACT, SO AS TO REVISE THE SPENDING PRIORITIES.

Referred to Committee on Ways and Means.

H. 3942 -- Rep. Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-96-205 SO AS TO PROVIDE THAT, NOTWITHSTANDING ANY OTHER PROVISION OF THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT, LAND-CLEARING DEBRIS MAY BE PLACED IN A LANDFILL OF TWO ACRES OR LESS.

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

H. 3943 -- Reps. Walker, Littlejohn, Lee, Vaughn, Lanford, Allison, Hawkins, Davenport and D. Smith: A BILL TO PROHIBIT A COMMISSIONER OF A VOLUNTEER FIRE DEPARTMENT ESTABLISHED BY A SPECIAL PURPOSE DISTRICT IN SPARTANBURG COUNTY FROM SERVING OR ACTING AS A FIREFIGHTER FOR THAT VOLUNTEER FIRE DEPARTMENT.

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

H. 3944 -- Rep. Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-390 SO AS TO PROVIDE THAT ONLY ONE-HALF OF THE FRESHMEN STUDENT APPLICANTS TO STATE FOUR-YEAR HIGHER EDUCATION INSTITUTIONS WHO FALL IN THE LOWER FIFTY PERCENT OF THEIR PUBLIC HIGH SCHOOL CLASS MAY BE ADMITTED IN THE FALL TERM OF 1998 AND THEREAFTER, AND NO APPLICANTS IN THE LOWER FIFTY PERCENT OF THEIR PUBLIC HIGH SCHOOL CLASS MAY BE ADMITTED IN THE FALL TERM OF 1999 AND THEREAFTER.

Referred to Committee on Education and Public Works.

H. 3945 -- Reps. Young-Brickell, Cato, Barrett, Woodrum, Seithel, Sandifer, Sheheen, H. Brown, Law, Meacham, Harrell, Chellis, Hamilton, Kinon, Sharpe, Bailey, Witherspoon, Hinson, Littlejohn, Keegan, Harrison and Haskins: A BILL TO AMEND SECTION 38-73-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MERIT RATING SYSTEM FOR WORKERS' COMPENSATION INSURANCE, SO AS TO REQUIRE THE INCLUSION OF A CREDIT FOR AN INSURED WHO PARTICIPATES IN A PROGRAM DESIGNED TO PREVENT THE USE OF DRUGS ON THE JOB BY EMPLOYEES OF THE INSURED, PROVIDE FURTHER FOR THE CREDIT, AND PROVIDE FOR THE PROMULGATION OF CERTAIN REGULATIONS; TO ADD SECTION 41-1-15 SO AS TO PROVIDE FOR WORKPLACE PROCEDURES DESIGNED TO PREVENT DRUGS ON THE JOB; AND TO AMEND SECTION 42-5-10, RELATING TO AN EMPLOYER'S WORKERS' COMPENSATION LIABILITY AND INSURANCE, SO AS TO ESTABLISH PROCEDURES WHERE CREDITS SHALL BE GIVEN FOR EMPLOYEES WHO ARE DRUG-FREE ON THE JOB.

Referred to Committee on Labor, Commerce and Industry.

H. 3947 -- Reps. McMahand, Inabinett, Lee, F. Smith, Hamilton, Mack, Trotter, Miller, Battle, Breeland, Littlejohn, Cato and Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-115-160 SO AS TO PROHIBIT THE USE OF MEDICAL INFORMATION, INCLUDING MEDICATIONS PRESCRIBED, FOR COMMERCIAL PURPOSES WITHOUT THE CONSENT OF A PATIENT.

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

H. 3948 -- Rep. Bowers: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF PROPERTY FOR AD VALOREM TAX PURPOSES AND THE ASSESSMENT RATIOS APPLICABLE TO SUCH PROPERTY, SO AS TO PROVIDE THAT PRIVATE PASSENGER MOTOR VEHICLES USED FOR NONCOMMERCIAL PURPOSES SHALL BE TAXED ON AN ASSESSMENT EQUAL TO SIX PERCENT OF FAIR MARKET VALUE.

Referred to Committee on Ways and Means.

H. 3949 -- Rep. Bowers: A BILL TO AMEND SECTION 40-2-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFIED PUBLIC ACCOUNTANT LICENSURE RENEWAL, SO AS TO GRANT AN EXTENSION TO A PERSON WHO IS OUT OF THE UNITED STATES AND PUERTO RICO ON THE DATE THE LICENSE IS DUE TO BE RENEWED.

Referred to Committee on Labor, Commerce and Industry.

H. 3950 -- Rep. Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-250 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP AND PROVIDE A HEALTH AWARENESS PROGRAM FOR PUBLIC SCHOOLS.

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

H. 3951 -- Rep. Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-515 SO AS TO PROVIDE THAT THE DUE DATE FOR FILING STATE INDIVIDUAL INCOME TAX RETURNS BEGINNING IN 1998 SHALL BE THE SAME DAY AND MONTH IN THE PREVIOUS YEAR WHEN THE DEPARTMENT OF REVENUE HAS CALCULATED THE AVERAGE SOUTH CAROLINIAN STOPPED WORKING TO PAY TAXES AT ALL LEVELS AND BEGAN WORKING COMPLETELY FOR HIS OWN BENEFIT, AND TO DECLARE THIS DATE TO BE "TAX FREEDOM DAY".

Referred to Committee on Ways and Means.

H. 3952 -- Rep. Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-31-175 SO AS TO PROVIDE THAT NEW BUSINESSES IN SOUTH CAROLINA SHALL BE ASSESSED THE LOWEST RATE FOR UNEMPLOYMENT INSURANCE UNTIL CLAIMS ARE FILED INDICATING THE JUSTIFICATION FOR HIGHER RATES.

Referred to Committee on Labor, Commerce and Industry.

H. 3953 -- Rep. Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-5-85 SO AS TO PROVIDE THAT NEW BUSINESSES IN SOUTH CAROLINA SHALL BE ASSESSED THE LOWEST RATE FOR WORKER'S COMPENSATION INSURANCE UNTIL CLAIMS ARE FILED INDICATING THE JUSTIFICATION FOR HIGHER RATES.

Referred to Committee on Labor, Commerce and Industry.

H. 3954 -- Reps. Hinson and Young-Brickell: A BILL TO AMEND SECTION 59-65-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESPONSIBILITY OF A PARENT OR GUARDIAN TO SEND THEIR CHILD OR WARD TO SCHOOL OR KINDERGARTEN, SO AS TO REQUIRE FIVE-YEAR OLD CHILDREN TO ATTEND KINDERGARTEN, AND DELETE PROVISIONS WHICH MAKE FIVE-YEAR OLD KINDERGARTEN OPTIONAL UPON THE EXECUTION OF A WAIVER.

Referred to Committee on Education and Public Works.

H. 3955 -- Rep. J. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-29-735 SO AS TO EXEMPT A BUSINESS WHOSE PRIMARY PURPOSE IS THE LAUNDERING OF MATERIAL WHICH CONTAINS RADIOACTIVE MATERIALS AND IS REGULATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PURSUANT TO THE PROVISIONS OF REGULATION 61-63 (RADIOACTIVE MATERIALS).

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

H. 3956 -- Reps. Loftis, Seithel, Robinson, Trotter, Davenport and McMahand: A BILL TO AMEND TITLE 44, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, TUBERCULOSIS CAMPS, AND HEALTH SERVICE DISTRICTS, BY ADDING ARTICLE 22 SO AS TO ENACT THE SOUTH CAROLINA PUBLIC HOSPITAL ACCOUNTABILITY ACT AND TO PROHIBIT A TRANSACTION WHICH RESULTS IN THE TRANSFER OF ASSETS OF A PUBLIC HOSPITAL OR THE SHARING, DELEGATION, OR TRANSFER OF CONTROL OF ANY HOSPITAL OWNED BY OR FUNCTIONS PROVIDED BY A PUBLIC HOSPITAL OR THE ACQUISITION OF AN ACUTE CARE HOSPITAL UNLESS CERTAIN DISCLOSURE REQUIREMENTS ARE MET AND THE TRANSACTION, TRANSFER, OR ACQUISITION IS APPROVED BY A MAJORITY OF THE ELECTORS IN THE HOME COUNTY OF THE PUBLIC HOSPITAL; TO PROHIBIT ANTITRUST IMMUNITY BASED ON ANY VOTE CONDUCTED UNDER THIS ARTICLE OR ON ANY COUNTY COUNCIL PUBLIC HOSPITAL BOARD APPROVAL ACTION; AND TO PROVIDE REMEDIES FOR VIOLATIONS.

Referred to Committee on Judiciary.

H. 3957 -- Reps. Cato, Vaughn, McMahand, Leach and F. Smith: A BILL TO AFFIRM THE AUTHORITY OF THE STROUD MEMORIAL HOSPITAL DISTRICT COMMISSION IN GREENVILLE COUNTY TO SELL THE ASSETS OF THE DISTRICT TO THE STROUD FAMILY CARE CENTER, INC., AND TO AFFIRM THIS SALE; TO DISSOLVE THE DISTRICT, DISCHARGE THE COMMISSION MEMBERS FROM ALL DUTIES AND RESPONSIBILITIES, AND PROVIDE THAT THE ASSETS AND LIABILITIES OF THE DISTRICT ARE TRANSFERRED IN ACCORDANCE WITH THE AGREEMENT BETWEEN THE PARTIES; AND TO REPEAL ACT 1239 OF 1964 AND ACTS 613 AND 624 OF 1965, ALL RELATING TO THE STROUD MEMORIAL HOSPITAL DISTRICT.

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

H. 3958 -- Rep. Cato: A BILL TO AMEND SECTION 38-73-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DECLARATION OF THE PURPOSE AND THE CONSTRUCTION OF THE CHAPTER ON PROPERTY, CASUALTY, AND INLAND MARINE INSURANCE AND SURETY RATES AND RATEMAKING ORGANIZATIONS, SO AS TO REPLACE REFERENCES TO "DEPARTMENT OF INSURANCE" WITH "DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE", ALLOW FOR APPROVAL OF RISK CLASSIFICATION AND TERRITORIAL PLANS, AND DELETE CERTAIN LANGUAGE.

Referred to Committee on Labor, Commerce and Industry.

H. 3959 -- Rep. Cato: A BILL TO AMEND SECTION 38-73-1420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE BOARD OF GOVERNORS OF THE REINSURANCE FACILITY FILE AN EXPENSE COMPONENT FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE OR PREMIUM CHARGES, SO AS TO DELETE THE CURRENT PROVISIONS OF THE SECTION AND PROVIDE, AMONG OTHER THINGS, THAT BEGINNING APRIL 30, 1998 THE BOARD OF GOVERNORS OF THE FACILITY, UTILIZING DATA PROVIDED TO IT BY THE INSURANCE DEPARTMENT'S STATE RATING AND STATISTICAL DIVISION AND BY ANY CONTRACT STATISTICAL AGENT FOR THE FACILITY, ANNUALLY MUST FILE A PURE LOSS COMPONENT FOR PRIVATE PASSENGER AUTOMOBILE LIABILITY INSURANCE, THAT THE PURE LOSS COMPONENT MUST BE DEVELOPED AS AN AVERAGE FOR ALL INSURED VEHICLES REGISTERED IN SOUTH CAROLINA, AND THAT UPON THE APPROVAL OF THAT PURE LOSS COMPONENT BY THE ADMINISTRATIVE LAW JUDGE DIVISION PURSUANT TO THE PROVISIONS OF SECTION 38-73-1370, BUT IN NO EVENT LATER THAN JUNE THIRTIETH, THE BOARD OF GOVERNORS ANNUALLY MUST FILE AN EXPENSE COMPONENT FOR PRIVATE PASSENGER AUTOMOBILE LIABILITY INSURANCE; TO AMEND SECTION 38-77-590, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE, THE REINSURANCE FACILITY, AND DESIGNATED PRODUCERS, SO AS TO ADD PROVISIONS WHICH PROVIDE, AMONG OTHER THINGS, FOR THE REDESIGNATION OF CERTAIN TERMINATED PRODUCERS WITHOUT HAVING TO MEET CERTAIN SPECIFIED REQUIREMENTS OF THIS SECTION; AND TO AMEND SECTION 38-77-950, AS AMENDED, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN AUTOMOBILE INSURER, SO AS TO PROVIDE THAT PRIVATE PASSENGER AUTOMOBILE LIABILITY INSURANCE PREMIUMS WRITTEN THROUGH A PRODUCER CONTRACTING BY CERTAIN PROVISIONS OF SECTION 38-77-590 MUST NOT COUNT TOWARD THAT THIRTY-FIVE PERCENT CESSION LIMITATION DURING THE FIRST TWENTY-FOUR MONTHS THAT THAT PRODUCER IS UNDER CONTRACT.

Referred to Committee on Labor, Commerce and Industry.

H. 3960 -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-5-200 SO AS TO PROVIDE THAT AN INSURER, ITS AGENT, OR AN INSURANCE BROKER DOING BUSINESS IN THIS STATE MAY NOT REQUIRE A PERSON TO USE A PARTICULAR INSURANCE PREMIUM FINANCE COMPANY OR OTHER INSTALLMENT PLAN FOR WHICH A FINANCE CHARGE OR OTHER FEE IN CONNECTION WITH AN INSTALLMENT PAYMENT HAS BEEN OR WILL BE IMPOSED, AND PROVIDE FOR RELATED MATTERS.

Referred to Committee on Labor, Commerce and Industry.

H. 3961 -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF THE STATE OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2115 SO AS TO PROVIDE FOR THE MANNER IN WHICH A PERSON WHO HAS BEEN DISQUALIFIED FROM DRIVING A COMMERCIAL VEHICLE FOR ONE YEAR OR MORE MAY BE RE-EXAMINED TO OBTAIN A COMMERCIAL DRIVER LICENSE; TO AMEND SECTION 56-1-2030, RELATING TO DEFINITIONS CONTAINED IN THE COMMERCIAL DRIVER LICENSE ACT, SO AS TO REVISE THE DEFINITION OF "OUT-OF-SERVICE ORDER"; TO AMEND SECTION 56-1-2060, RELATING TO AN EMPLOYER'S RESPONSIBILITY REGARDING THE OPERATION OF A COMMERCIAL MOTOR VEHICLE BY HIS EMPLOYEE, SO AS TO PROVIDE THAT AN EMPLOYER WHO KNOWINGLY ALLOWS, PERMITS, OR AUTHORIZES A PERSON TO DRIVE A COMMERCIAL MOTOR VEHICLE DURING A PERIOD WHICH THE VEHICLE OR DRIVER IS SUBJECT TO AN OUT-OF-SERVICE ORDER IS SUBJECT TO A CIVIL FINE; TO AMEND SECTION 56-1-2070, RELATING TO PROHIBITIONS AGAINST AND EXCEPTIONS TO CERTAIN PROHIBITIONS AGAINST DRIVING A COMMERCIAL MOTOR VEHICLE WITHOUT A VALID DRIVER'S LICENSE, SO AS TO DELETE AN OBSOLETE REFERENCE, AND TO PROVIDE PENALTIES FOR A PERSON WHO ILLEGALLY OPERATES A COMMERCIAL MOTOR VEHICLE; TO AMEND SECTION 56-1-2080, RELATING TO QUALIFICATIONS FOR A COMMERCIAL DRIVER LICENSE, THE ADMINISTRATION OF THE DRIVER SKILLS TEST, CERTAIN PERSONS TO WHOM A COMMERCIAL DRIVER LICENSE MAY NOT BE ISSUED, AND THE COMMERCIAL DRIVER INSTRUCTION PERMIT, SO AS TO DELETE THE PROVISIONS THAT PERMIT A WAIVER OF THE COMMERCIAL DRIVER LICENSE SKILLS TESTS TO CERTAIN COMMERCIAL DRIVER LICENSE APPLICANTS; TO AMEND SECTION 56-1-2100, AS AMENDED, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER LICENSE, SO AS TO REVISE THE PROVISIONS RELATING TO CLASSIFICATIONS, ENDORSEMENTS, AND RESTRICTIONS; TO AMEND SECTION 56-1-2120, RELATING TO THE PROHIBITION AGAINST DRIVING A COMMERCIAL VEHICLE WITH A MEASURABLE AMOUNT OF ALCOHOL, SO AS TO PROHIBIT AN ON-DUTY DRIVER OF A COMMERCIAL VEHICLE FROM POSSESSING AN ALCOHOLIC BEVERAGE WHICH IS NOT PART OF THE MANIFEST AND TRANSPORTED AS PART OF THE SHIPMENT.

Referred to Committee on Education and Public Works.

H. 3962 -- Reps. Edge, Kelley, Witherspoon, T. Brown, Trotter, Keegan and Barfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2729 SO AS TO PROVIDE NOTICE REQUIREMENTS AND PROCEDURES FOR PROTESTING ISSUING OF PREMISES LICENSE FOR VIDEO GAMES WITH A FREE PLAY FEATURE AND PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING SECTION 12-21-2805 SO AS TO ALLOW COUNTIES AND MUNICIPALITIES TO REGULATE VIDEO GAMES WITH A FREE PLAY FEATURE; TO AMEND SECTION 16-19-60, RELATING TO THE EXEMPTION FROM APPLICATION OF THE GAMBLING OFFENSES TO COIN-OPERATED DEVICES WITH A FREE PLAY FEATURE, SO AS TO CLARIFY THAT THIS SECTION DOES NOT PROHIBIT STATE OR LOCAL REGULATION OF THESE MACHINES; TO AMEND SECTIONS 12-21-2720, AS AMENDED, AND 12-21-2746, RELATING TO COIN-OPERATED DEVICE LICENSES AND COUNTY AND MUNICIPAL BUSINESS LICENSE TAXES ON COIN-OPERATED DEVICES, SO AS TO ALLOW COUNTIES AND MUNICIPALITIES TO IMPOSE LOCAL LICENSE FEES ON GAMES WITH A FREE PLAY FEATURE, AND TO DELETE THE PROHIBITION ON MUNICIPAL REGULATION OF THE NUMBER OF MACHINES; TO AMEND SECTION 12-21-2804, RELATING TO THE REGULATION OF VIDEO MACHINES, SO AS TO PROHIBIT LICENSING OF MACHINES IN LOCATIONS WHERE MORE THAN FIFTY PERCENT OF GROSS PROCEEDS IS FROM MACHINES, TO DELETE OBSOLETE LANGUAGE, TO PROVIDE A CIVIL PENALTY FOR ENFORCEMENT, REDUCE THE CRIMINAL PENALTIES AND PUT THE JURISDICTION TO TRY THESE OFFENSES IN THE MAGISTRATES COURTS; TO AMEND SECTION 12-21-2728, AS AMENDED, RELATING TO MACHINE OPERATORS' LICENSES, SO AS TO PROVIDE FOR CIVIL AND CRIMINAL PENALTIES TO ENFORCE THIS LICENSE REQUIREMENT; AND TO AMEND SECTION 12-21-2791, RELATING TO THE LIMITATION ON PAYMENTS FOR A TWENTY-FOUR HOUR PERIOD, SO AS TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS.

Referred to Committee on Judiciary.

H. 3963 -- Rep. D. Smith: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF CIRCUIT COURT JURY LISTS FROM A TAPE OF THOSE PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO DELETE THIS PROVISION AND PROVIDE THAT THESE JURY LISTS MUST BE PREPARED BY THE STATE ELECTION COMMISSION FROM THE NAMES OF THE REGISTERED VOTERS IN THE COUNTY.

Referred to Committee on Judiciary.

H. 3964 -- Rep. D. Smith: A BILL TO AMEND SECTION 17-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF THE CRIMINAL RECORD OF A PERSON WHOSE CRIMINAL CHARGE HAS BEEN DISCHARGED, DISMISSED, OR WHO HAS BEEN FOUND INNOCENT, SO AS TO PROVIDE THAT A PERSON WHO HAS BEEN PARDONED OF A CONVICTION MUST HAVE HIS CRIMINAL RECORD DESTROYED.

Referred to Committee on Judiciary.

H. 3965 -- Rep. D. Smith: A BILL TO AMEND CHAPTER 21, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROBATION, PAROLE, AND PARDON, BY ADDING ARTICLE 12 SO AS TO PROVIDE A SYSTEM OF COMMUNITY SUPERVISION; TO AMEND SECTION 24-3-40, AS AMENDED, RELATING TO THE DISPOSITION OF THE WAGES OF CERTAIN PRISONERS, SO AS TO REVISE THE DISPOSITION OF WAGES BY THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-13-1910, AS AMENDED, RELATING TO THE ESTABLISHMENT, CONSTRUCTION, OPERATION, AND RESPONSIBILITIES OF CENTERS FOR ALCOHOL AND DRUG REHABILITATION, SO AS TO DELETE A PROVISION THAT ALLOWS THE DEPARTMENT OF CORRECTIONS TO CONSTRUCT ONE OR MORE CENTERS UPON THE NECESSARY APPROPRIATION OF FUNDS BY THE GENERAL ASSEMBLY; TO AMEND CHAPTER 3, TITLE 24, RELATING TO THE STATE PRISON SYSTEM BY ADDING ARTICLE 4, SO AS TO PROVIDE FOR RESEARCH INTO AND THE DEVELOPMENT OF PROGRAMS TO IMPROVE REHABILITATIVE SERVICES, REDUCE RECIDIVISIM RATES, AND PREPARE INMATES FOR RELEASE; AND BY ADDING SECTION 24-12-310 SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES SHALL EVALUATE THE EFFECTIVENESS OF "CRIMINAL THINKING" COUNSELING.

Referred to Committee on Judiciary.

H. 3966 -- Reps. Trotter, Breeland, Chellis, Meacham, Hinson, Riser, Sandifer, Cooper, F. Smith, Barrett, McMahand, Webb, Stille, Fleming, Robinson, Law, Dantzler, Cato, Leach, Loftis, Kelley, Townsend, Kirsh, Lanford, Edge and Witherspoon: A BILL TO AMEND SECTIONS 58-35-40, 58-35-60, 58-35-80, AND 58-35-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNDERGROUND UTILITY DAMAGE PREVENTION ACT, SO AS TO MAKE CERTAIN TECHNICAL CHANGES, REVISE A NOTICE OF INTENT TO EXCAVATE OR DEMOLISH THAT MUST BE SERVED, TO REVISE THE DEFINITION OF "THE APPROXIMATE LOCATION OF UNDERGROUND UTILITIES", AND TO PROVIDE A LIABILITY PROVISION FOR A PERSON WHO DAMAGES AN UNDERGROUND UTILITY BELONGING TO AN OPERATOR WHO IS NOT A MEMBER OF CERTAIN ASSOCIATIONS FOR MUTUAL RECEIPT OF NOTICE.

Referred to Committee on Labor, Commerce and Industry.

H. 3967 -- Rep. Simrill: A BILL TO AMEND SECTION 56-5-750, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO STOP FOR A LAW ENFORCEMENT VEHICLE, SO AS TO PROVIDE FOR THE FORFEITURE OF A MOTOR VEHICLE UPON A CONVICTION OF WILFUL FAILURE TO STOP WHEN SIGNALED BY A LAW ENFORCEMENT VEHICLE.

Referred to Committee on Judiciary.

H. 3968 -- Reps. Simrill, Kirsh, Meacham and Moody-Lawrence: A BILL TO ALLOW THE YORK COUNTY LEGISLATIVE DELEGATION THE AUTHORITY TO OVERRIDE A DECISION OF THE DEPARTMENT OF TRANSPORTATION CONCERNING THE PLACEMENT OF ELECTRICAL TRAFFIC-CONTROL DEVICES.

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

H. 3969 -- Reps. Cotty and Campsen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1(3), ARTICLE X, OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE FOUR PERCENT ASSESSMENT RATIO ON A LEGAL RESIDENCE, SO AS TO ALLOW A SIMILAR ASSESSMENT RATIO ON A SECOND RESIDENCE AND NOT MORE THAN FIVE CONTIGUOUS AREAS IF THE SECOND RESIDENCE IS NOT HELD FOR THE PRODUCTION OF INCOME AND MEETS OTHER REQUIREMENTS THE GENERAL ASEMBLY MAY PROVIDE BY LAW.

Referred to Committee on Ways and Means.

H. 3970 -- Rep. J. Smith: A BILL TO AMEND SECTION 12-21-2720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES FOR COIN-OPERATED DEVICES OR MACHINES, SO AS TO FURTHER DESCRIBE CERTAIN MACHINES WHICH ARE SUBJECT TO A LICENSE TAX OF TWO HUNDRED DOLLARS PER MACHINE.

Referred to Committee on Ways and Means.

H. 3971 -- Reps. Campsen, Woodrum, Young, Klauber, Altman and Harrison: A BILL TO AMEND SECTION 62-1-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECTIVE DATE OF THE PROBATE CODE, SO AS TO CLARIFY THAT SUBSTANTIVE RIGHTS IN AN ESTATE ARE DETERMINED BY THE LAW IN EFFECT AT THE DATE OF DEATH; TO AMEND SECTION 62-1-201, RELATING TO THE DEFINITION OF "MINOR", SO AS TO EXCLUDE THOSE PERSONS UNDER THE AGE OF EIGHTEEN WHO ARE EITHER MARRIED OR EMANCIPATED; TO AMEND SECTION 62-1-302, AS AMENDED, RELATING TO SUBJECT MATTER JURISDICTION OF THE PROBATE COURT, SO AS TO PROVIDE THE PROBATE COURT EXCLUSIVE ORIGINAL JURISDICTION OVER ACCOUNTS AND DISPUTES ARISING UNDER THE UNIFORM GIFTS TO MINORS ACT; TO AMEND SECTION 62-1-308, AS AMENDED, RELATING TO APPEALS, SO AS TO PROVIDE FOR ALLOWING PARTIES NOT IN DEFAULT TO APPEAL DIRECTLY TO THE SOUTH CAROLINA SUPREME COURT; TO AMEND SECTION 62-1-403, RELATING TO THE REPRESENTATIVE CAPACITY OF PARENTS, SO AS TO ADD "UNBORN CHILD"; TO AMEND SECTION 62-2-109, AS AMENDED, RELATING TO THE MEANING OF "CHILD", SO AS TO CLARIFY WHEN AND HOW PATERNITY MAY BE ESTABLISHED; TO AMEND SECTION 62-2-302, AS AMENDED, RELATING TO PRETERMITTED CHILDREN, SO AS TO SUBSTITUTE "SPOUSE" FOR "PARENT OF THE OMITTED CHILD"; TO AMEND SECTION 62-2-501, RELATING TO WHO MAY MAKE A WILL, SO AS TO PROHIBIT MINORS, AS DEFINED IN SECTION 62-1-201 FROM MAKING A WILL; TO AMEND SECTION 62-2-802, RELATING TO THE DEFINITION OF "SURVIVING SPOUSE", SO AS TO NOT INCLUDE A COMMON LAW SPOUSE UNLESS HE OR SHE HAS BEEN ESTABLISHED AS SUCH BY AN ADJUDICATION COMMENCED WITHIN A SPECIFIED PERIOD; TO AMEND SECTION 62-2-803, RELATING TO THE EFFECTS OF HOMICIDE ON INTESTATE SUCCESSION, SO AS TO PROVIDE THAT A KILLER WHO DIES WITHIN ONE HUNDRED AND TWENTY HOURS OF THE DECEDENT IS CONSIDERED TO HAVE PREDECEASED THE DECEDENT; TO AMEND SECTION 62-3-203, AS AMENDED, RELATING TO THE PRIORITY AMONG PERSONS SEEKING APPOINTMENT AS A PERSONAL REPRESENTATIVE, SO AS TO REALIGN LANGUAGE CONVEYING THE PRIORITY OF A NOMINATOR TO THE NOMINEE WITH THE QUALIFICATION THAT PERSONS NOMINATED BY THE DECEDENT SHALL HAVE THE HIGHEST PRIORITY; TO AMEND SECTION 62-3-603, AS AMENDED, RELATING TO BOND REQUIRED OF PERSONAL REPRESENTATIVES, SO AS TO CLARIFY WHEN BOND IS REQUIRED; TO AMEND SECTION 62-3-610, RELATING TO THE TERMINATION OF APPOINTMENT OF A PERSONAL REPRESENTATIVE, SO AS TO CLARIFY THE PROCESS FOR RESIGNATION OF A PERSONAL REPRESENTATIVE; TO AMEND SECTION 62-3-614, RELATING TO THE APPOINTMENT OF A SPECIAL ADMINISTRATOR, SO AS TO PROVIDE FOR INFORMAL APPOINTMENT UPON THE APPLICATION OF A CREDITOR OF THE DECEDENT'S ESTATE; TO AMEND SECTION 62-3-719, AS AMENDED, RELATING TO THE COMPENSATION OF A PERSONAL REPRESENTATIVE, SO AS TO CLARIFY THAT COMPENSATION IS BASED UPON THE VALUE OF THE PROBATE ESTATE; TO AMEND SECTION 62-3-914, AS AMENDED, RELATING TO THE DISPOSITION OF UNCLAIMED ASSETS, SO AS TO DELETE THE TIME REQUIREMENT FOR FIRST NOTICE AND TO PROVIDE THAT UNCLAIMED DEVISES OF ONE HUNDRED DOLLARS OR LESS MAY BE TRANSFERRED TO THE SOUTH CAROLINA STATE TREASURER; TO AMEND SECTION 62-3-1001, RELATING TO PETITION FOR SETTLEMENT, SO AS TO CLARIFY THAT THE PROPOSAL FOR DISTRIBUTION PERTAINS ONLY TO ASSETS NOT YET DISTRIBUTED; TO AMEND SECTION 62-3-1101, RELATING TO THE EFFECT OF APPROVAL OF AGREEMENTS INVOLVING TRUSTS, INALIENABLE INTERESTS, OR INTERESTS OF THIRD PERSONS, SO AS TO CLARIFY THAT SETTLEMENTS PURSUANT TO THIS SECTION NEED NOT COMPLY WITH SECTION 62-5-433; TO AMEND SECTION 62-5-103, AS AMENDED, RELATING TO PAYMENT OR DELIVERY TO A MINOR OR INCAPACITATED PERSON, SO AS TO CLARIFY FOR WHAT PURPOSES SUMS RECEIVED ON BEHALF OF THE MINOR OR INCAPACITATED PERSON MAY BE USED; TO AMEND SECTION 62-5-104, RELATING TO THE DELEGATION OF A GUARDIAN'S POWERS, SO AS TO PROVIDE FOR THE POWERS TO BE DELEGATED TO ANOTHER PERSON FOR A PERIOD NOT TO EXCEED THIRTY DAYS; TO AMEND SECTION 62-5-310, AS AMENDED, RELATING TO TEMPORARY GUARDIANS, SO AS TO REQUIRE A HEARING TO REVIEW THE APPOINTMENT OF A TEMPORARY GUARDIAN WITHIN THIRTY DAYS OF THAT APPOINTMENT; TO AMEND SECTION 62-5-405, RELATING TO NOTICE OF APPOINTMENT OF A CONSERVATOR, SO AS TO REQUIRE THAT ONLY THE PERSON TO BE PROTECTED BE SERVED PERSONALLY WITH NOTICE AT LEAST TWENTY DAYS BEFORE THE HEARING; TO AMEND SECTION 62-5-424, RELATING TO THE POWERS OF THE CONSERVATOR, SO AS TO PROVIDE FOR LIMITED POWERS OF THE CONSERVATOR TO THOSE SET FORTH IN THE SECTION AND TO PROVIDE THAT A CONSERVATOR, WITH COURT APPROVAL, MAY ENCUMBER ASSETS FOR PERIODS WITHIN OR BEYOND HIS TERM OF CONSERVATORSHIP; TO AMEND SECTION 62-5-425, RELATING TO DISTRIBUTIVE DUTIES AND POWERS OF THE CONSERVATOR, SO AS TO CLARIFY THAT ONLY MAJORITY OR EMANCIPATION RESULTING FROM A PROCEEDING BEGUN PRIOR TO THE BEGINNING OF THE CONSERVATORSHIP, AND NOT MARRIAGE, END A CONSERVATORSHIP; TO AMEND SECTION 62-5-428, RELATING TO CLAIMS AGAINST PROTECTED PERSONS, SO AS TO PROVIDE THAT ANY CLAIM DENIED BY THE CONSERVATOR REMAINS BARRED UNLESS THE CLAIMANT FILES A PETITION WITH THE COURT WITHIN THIRTY DAYS OF RECEIPT OF THE NOTICE OF THE DISALLOWANCE; TO AMEND SECTION 62-5-501, AS AMENDED, RELATING TO POWERS OF ATTORNEY NOT AFFECTED BY DISABILITY, SO AS TO DELETE THE COURT'S REQUIREMENT OF AN INVENTORY AND A SURETY BOND; TO AMEND SECTION 62-7-705, AS AMENDED, RELATING TO THE RESIGNATION OF A TRUSTEE, SO AS TO PROVIDE FOR RESIGNATION ONLY UPON SPECIFIED CONDITIONS; TO AMEND SECTION 20-1-550, RELATING TO SERVICE UPON A NONRESIDENT OR ABSENT DEFENDANT IN AN ACTION TO ANNUL A MARRIAGE, SO AS TO ELIMINATE THE DUTY OF THE PLAINTIFF TO FORWARD NOTICE TO THE PROBATE COURT; TO AMEND SECTION 20-7-150, RELATING TO DEFINITIONS UNDER THE UNIFORM GIFTS TO MINORS ACT, SO AS TO CLARIFY THE DEFINITIONS OF "COURT" AND "MINOR"; AND TO REPEAL SECTION 14-23-650, RELATING TO THE DESCRIPTION OF DEVISED LANDS.

Referred to Committee on Judiciary.

H. 3972 -- Reps. Campsen, Altman and Woodrum: A BILL TO AMEND SECTION 20-7-1642, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING FOSTER CARE PLACEMENTS WITH PERSONS WITH A HISTORY OF CHILD ABUSE OR NEGLECT OR WITH A CRIMINAL RECORD FOR CERTAIN CRIMES, SO AS TO ALSO PROHIBIT SUCH PLACEMENTS WITH A PERSON WHO IS THE PARENT, GUARDIAN, OR IN LOCO PARENTIS TO A CHILD WHO HAS BEEN ADJUDICATED DELINQUENT.

Referred to Committee on Judiciary.

H. 3973 -- Reps. Campsen, Woodrum, Altman and Seithel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1644 SO AS TO PROHIBIT A PARENT, GUARDIAN, OR A PERSON STANDING IN LOCO PARENTIS FROM SERVING AS A FOSTER PARENT IF THAT PERSON HAS A CHILD UNDER THE JURISDICTION OF THE DEPARTMENT OF JUVENILE JUSTICE.

Referred to Committee on Judiciary.

H. 3974 -- Reps. Campsen, Seithel, Woodrum, Altman and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1635 SO AS TO PROHIBIT PLACING A MINOR IN A FOSTER HOME IF THE MINOR HAS BEEN ADJUDICATED OR CONVICTED OF OR PLED GUILTY TO A SEX OFFENSE, AND TO PROVIDE AN EXCEPTION FOR PLACEMENT IN A THERAPEUTIC FOSTER HOME IF NO OTHER MINORS ARE IN THE HOME.

Referred to Committee on Judiciary.

H. 3975 -- Reps. Breeland, M. Hines, Mack, Whipper, Cave, Lloyd, J. Hines, Inabinett, Gourdine, Govan, Moody-Lawrence, Trotter, Byrd, Clyburn, J. Brown, McMahand, Cobb-Hunter, Parks, Scott, F. Smith, Howard, Pinckney and T. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-455 SO AS TO PROVIDE THAT THE RACIAL COMPOSITION OF THE ENROLLMENT OF ANY SPECIALIZED SCHOOLS ESTABLISHED BY A SCHOOL DISTRICT, INCLUDING ACADEMIC MAGNET, MILITARY MAGNET, MONTESSORI, PROGRESSIVE, AND AUTONOMOUS SCHOOLS, MAY NOT DIFFER FROM THE RACIAL COMPOSITION OF THE ENROLLMENT OF THE SCHOOL DISTRICT AS A WHOLE BY MORE THAN TEN PERCENT.

Referred to Committee on Education and Public Works.

H. 3976 -- Reps. Hamilton, F. Smith, Loftis, Sandifer, Young-Brickell, Easterday, Allison, Miller, Sheheen, Gourdine, Barrett, Leach and McLeod: A BILL TO AMEND SECTION 12-36-1360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILING A RETURN FOR AND PAYING OF TAX ON CATALOG SALES AND SALES TRANSACTED OUTSIDE THIS STATE FOR STORAGE, USE, OR OTHER CONSUMPTION IN THIS STATE, SO AS TO REQUIRE FILING A RETURN FOR THE TAX WHEN THE TAX LIABILITY IS IN EXCESS OF FIFTY DOLLARS FOR A SINGLE SALE.

Referred to Committee on Ways and Means.

H. 3977 -- Rep. Bowers: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF PROPERTY FOR AD VALOREM TAX PURPOSES AND THE ASSESSMENT RATIOS APPLICABLE TO SUCH PROPERTY, SO AS TO PROVIDE THAT RESIDENTIAL PROPERTY WHICH A RENTAL-OCCUPANT OCCUPIES AS HIS PRINCIPAL RESIDENCE ON THE SAME BASIS AS AN OWNER-OCCUPANT, EXCEPT FOR THE FACT THAT OWNERSHIP IS VESTED IN ANOTHER PERSON, ALSO QUALIFIES FOR THE FOUR PERCENT ASSESSMENT RATIO.

Referred to Committee on Ways and Means.

H. 3978 -- Rep. Bowers: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF PROPERTY FOR AD VALOREM TAX PURPOSES AND THE ASSESSMENT RATIOS APPLICABLE TO SUCH PROPERTY, SO AS TO PROVIDE THAT MULTI-UNIT RESIDENTIAL REAL PROPERTY CONTAINING FOUR UNITS OR LESS WHICH EACH UNIT OCCUPANT OCCUPIES AS HIS PRINCIPAL RESIDENCE ON A RENTAL OR OWNERSHIP BASIS SHALL BE TAXED ON AN ASSESSMENT EQUAL TO FOUR PERCENT OF THE FAIR MARKET VALUE OF SUCH PROPERTY.

Referred to Committee on Ways and Means.

H. 3979 -- Reps. Neilson, Altman, Phillips, Sharpe, Limehouse, Govan, Leach, Loftis, Littlejohn, Clyburn and Felder: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA COURT ADMINISTRATION TO DEVELOP A GUIDELINES AND PROCEDURES MANUAL FOR COURT-APPOINTED GUARDIANS AD LITEM AND TO PROVIDE FOR ITS CONTENTS AND DISTRIBUTION.

Referred to Committee on Judiciary.

H. 3980 -- Reps. Neilson, Limehouse, Loftis, Phillips and Littlejohn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1435 SO AS TO REQUIRE FAMILY COURT JUDGES TO WRITE THEIR OWN ORDERS.

Referred to Committee on Judiciary.

H. 3981 -- Reps. Neilson, Altman, Sharpe, Limehouse, Loftis, Phillips, Leach, Beck, Lee, Littlejohn, Battle and Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1550 SO AS TO PROVIDE THAT THE BEST INTERESTS OF THE CHILD IS THE GUIDING PRINCIPLE IN RESOLVING CHILD CUSTODY AND VISITATION DISPUTES, TO PROVIDE THAT THE BEST INTERESTS OF THE CHILD ARE SERVED WHEN THE CHILD'S RELATIONSHIP WITH EACH PARENT IS EQUALLY PROMOTED AND ENCOURAGED, TO PROVIDE THAT THE COURT MUST STRIVE TO EQUALIZE EACH PARENT'S TIME WITH AND OPPORTUNITIES TO BE INVOLVED IN THE CHILD'S LIFE, AND TO PROVIDE THAT JOINT CUSTODY IS NOT REQUIRED BY THIS SECTION NOR MAY VISITATION AWARDED IN ACCORDANCE WITH THIS SECTION BE CONSTRUED AS JOINT CUSTODY.

Referred to Committee on Judiciary.

H. 3982 -- Reps. Battle, M. Hines and Miller: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO DEFINE "NEW JOB" TO INCLUDE OTHERWISE QUALIFYING JOBS FILLED BY LEASED EMPLOYEES.

Referred to Committee on Ways and Means.

H. 3983 -- Rep. D. Smith: A BILL TO AMEND SECTION 44-23-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF A PERSON'S CAPACITY TO STAND TRIAL, SO AS TO PROVIDE THAT THE PROSECUTING OFFICER MAY DESIGNATE A THIRD EXAMINER FOR CERTAIN EXAMINATIONS, AND TO AMEND SECTION 44-23-420, RELATING TO A REPORT OF EXAMINERS OF CAPACITY TO STAND TRIAL, SO AS TO ALLOW AN EXAMINATION ON THE ISSUES OF INSANITY OR CRIMINAL RESPONSIBILITY BY AN EXAMINER DESIGNATED BY THE PROSECUTION.

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

H. 3984 -- Reps. Miller, Campsen, Altman, Seithel, Battle, G. Brown, Sandifer, Martin, Simrill, Beck, Littlejohn, Harrison, Barrett, Moody-Lawrence, Stille, Allison, Phillips, McLeod, Sheheen, Davenport, Leach, Mack and Limehouse: A BILL TO AMEND SECTION 20-7-127, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNITY FROM LIABILITY FOR GUARDIANS AD LITEM, SO AS TO EXPAND THIS IMMUNITY TO INCLUDE ALL ACTS PERFORMED BY A GUARDIAN WITHIN THE SCOPE OF THE APPOINTMENT.

Referred to Committee on Judiciary.

H. 3985 -- Reps. Seithel, Allison, Spearman, Meacham, Altman, Mason, Fleming, Campsen, Lee, Rodgers, Neilson, Cobb-Hunter, Byrd, Cato, Hinson, Simrill, Loftis, Mullen, Miller, Moody-Lawrence, Limehouse, Gamble and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE OMNIBUS HEALTH BENEFITS AND EDUCATION ACT OF 1997 BY ADDING SECTION 38-33-325 SO AS TO REQUIRE HEALTH BENEFIT PLANS TO ALLOW FEMALE PARTICIPANTS DIRECT ACCESS, WITHOUT REFERRAL, TO OBSTETRICAL AND GYNECOLOGICAL HEALTH CARE SERVICES WITHIN THE PLAN BENEFITS AND TO REQUIRE THE PLAN TO INFORM FEMALE PARTICIPANTS IN WRITING OF THIS REQUIREMENT; BY ADDING SECTION 38-71-125 SO AS TO REQUIRE THAT INDIVIDUAL AND GROUP HEALTH INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS PROVIDING FOR HOSPITALIZATION FOR MASTECTOMIES TO PROVIDE HOSPITALIZATION FOR AT LEAST FORTY-EIGHT HOURS IF CONSIDERED MEDICALLY NECESSARY BY THE ATTENDING PHYSICIAN AND PROVIDE FOR RELATED MATTERS; BY ADDING SECTION 38-71-145 SO AS TO REQUIRE AN INSURER TO INCLUDE COVERAGE FOR MAMMOGRAMS, PAP SMEARS, PROSTATE CANCER EXAMINATIONS, SCREENING, AND DIAGNOSTIC LABORATORY WORK; BY ADDING SECTION 38-71-225 SO AS TO REQUIRE INDIVIDUAL OR GROUP ACCIDENT AND HEALTH OR HEALTH INSURANCE POLICIES TO INCLUDE COVERAGE FOR BONE MASS MEASUREMENT FOR THE PREVENTION, DIAGNOSIS, AND TREATMENT OF OSTEOPOROSIS; BY ADDING SECTION 44-1-280 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP AND IMPLEMENT A HEART DISEASE EDUCATION AND PREVENTION PROGRAM; AND BY ADDING CHAPTER 125 TO TITLE 44 SO AS TO ESTABLISH THE OSTEOPOROSIS EDUCATION FUND TO BE ADMINISTERED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO PROVIDE FOR THE PURPOSE OF THE FUND AND THE DEPARTMENT'S RESPONSIBILITIES IN CARRYING OUT THE PURPOSE OF THE FUND.

Referred to Committee on Labor, Commerce and Industry.

H. 3986 -- Rep. Seithel: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THE AREA SEEKING TO BE INCORPORATED TO BE CONTIGUOUS, AND TO FURTHER PROVIDE THAT AN AREA IS DEEMED TO BE CONTIGUOUS IF IT IS INTERRUPTED BY PUBLIC MARSH LANDS OR WATERWAYS, SO LONG AS THE AREA INCLUDES HIGHLAND ON THE OTHER SIDE OF THE PUBLIC MARSH LAND OR WATERWAY, WHETHER OR NOT THE PUBLIC MARSH LAND OR WATERWAY IS AN ANNEXED PART OF ANOTHER MUNICIPALITY.

Referred to Committee on Judiciary.

H. 3987 -- Reps. Seithel, Keegan and Fleming: A BILL TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF THE BLOOD OF A PERSON WHO OPERATES A MOTOR VEHICLE UPON THE PUBLIC ROADS OF THIS STATE, SO AS TO DECREASE THE PERCENTAGES OF ALCOHOL IN A PERSON'S BLOOD USED TO CREATE PRESUMPTIONS WHICH MUST BE USED IN DETERMINING THE GUILT OF PERSONS VIOLATING THE PROVISIONS OF SECTION 56-5-2930 AND TO PROVIDE THAT ON AND AFTER JULY 1, 1998, IT MUST BE INFERRED THAT A PERSON IS UNDER THE INFLUENCE OF ALCOHOL IF THERE WAS AT THAT TIME EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR MORE BY WEIGHT OF ALCOHOL IN THE PERSON'S BLOOD; TO PROVIDE A TRANSITION PERIOD FOR THE FURTHER REDUCTION OF THE PERCENTAGES; TO AMEND SECTION 56-5-3660, AS AMENDED, RELATING TO THE WEARING OF HELMETS BY CERTAIN OPERATORS OF AND PASSENGERS ON A TWO-WHEELED MOTORIZED VEHICLE, SO AS TO DELETE THE REQUIREMENT THAT THIS PROVISION APPLIES ONLY TO A PERSON UNDER THE AGE OF TWENTY-ONE; AND TO AMEND SECTION 56-5-6540, RELATING TO THE PENALTIES AND ENFORCEMENT OF CERTAIN PROVISIONS THAT REQUIRE THE WEARING OF A SAFETY BELT BY THE DRIVER AND EVERY PASSENGER OF A MOTOR VEHICLE, SO AS TO ALLOW A LAW ENFORCEMENT OFFICER TO STOP A DRIVER AND ISSUE A CITATION FOR A VIOLATION OF THIS PROVISION.

Referred to Committee on Judiciary.

H. 3988 -- Rep. Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-22 SO AS TO REQUIRE THE USE OF SYSTEMATIC PHONICS INSTRUCTION IN A SPECIFIED MANNER IN THE SCHOOLS OF THIS STATE INCLUDING GRADES K-3; BY ADDING SECTION 59-101-365 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION, IN COLLABORATION WITH COLLEGES AND UNIVERSITIES OFFERING TEACHER EDUCATION CURRICULUMS, SHALL REVISE TEACHER EDUCATION AND PROFESSIONAL DEVELOPMENT COURSES TO INCLUDE PHONICS MATERIAL; AND TO REQUIRE THE STATE BOARD OF EDUCATION TO DEVELOP AND DISSEMINATE TO SPECIFIED ENTITIES A COMPREHENSIVE PLAN RELATING TO THIS REQUIRED PHONICS INSTRUCTION.

Referred to Committee on Education and Public Works.

H. 3989 -- Rep. Tripp: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION RESTORATION ACT" WHICH PROVIDES FOR THE MANNER IN WHICH MORE LOCAL AUTONOMY AND CONTROL ARE GIVEN TO THE SEVERAL SCHOOL DISTRICTS OF THIS STATE.

Referred to Committee on Education and Public Works.

H. 3990 -- Reps. Limehouse, Kelley and Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-2430 SO AS TO PROVIDE THAT IT IS ILLEGAL TO SELL ALCOHOLIC BEVERAGES TO A MINOR OVER THE INTERNET AND TO PROVIDE PENALTIES.

Referred to Committee on Judiciary.

H. 3991 -- Reps. Easterday, Robinson, Haskins, Quinn, Hamilton, Boan and Wilkins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 36, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GENERAL RESERVE FUND, THE CAPITAL RESERVE FUND, AND THE PURPOSES FOR WHICH THE MONIES IN SUCH FUNDS MAY BE USED, SO AS TO ELIMINATE "OTHER NONRECURRING PURPOSES" FROM THE PURPOSES FOR WHICH MONIES FROM THE CAPITOL RESERVE FUND MAY BE APPROPRIATED BY THE GENERAL ASSEMBLY.

Referred to Committee on Ways and Means.

H. 3992 -- Reps. Fleming, Loftis, Rodgers, Mullen, Altman, H. Brown, Whipper, Battle, Cobb-Hunter, Neilson, Barfield, Seithel, R. Smith, Breeland, Sharpe, Cotty, Lee, Campsen, Sheheen, Walker, Delleney, Beck, Miller, Vaughn, Davenport, Kelley, M. Hines, Trotter, Witherspoon, Easterday, Wilder, Littlejohn, McCraw, Kirsh, McLeod, Keegan, Felder, Stille, Edge, Knotts, Whatley, Lanford, Limehouse, Phillips, Pinckney, Mack, J. Smith, Harrell, Wilkes and Harvin: A BILL TO AMEND SECTION 12-37-2680, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VALUATION OF MOTOR VEHICLES FOR PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE THAT A VEHICLE WHICH QUALIFIES IN A TAX YEAR FOR A REDUCED VALUE BECAUSE OF HIGH MILEAGE SHALL CONTINUE TO RECEIVE THE HIGH MILEAGE DEDUCTION FOR SUBSEQUENT TAX YEARS WITHOUT A NEW APPLICATION.

Referred to Committee on Ways and Means.

S. 203 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-114 SO AS TO PROVIDE THAT PASSENGER VANS OWNED OR OPERATED BY LOCAL CHAPTERS OF THE NATIONAL FEDERATION OF THE BLIND OF SOUTH CAROLINA MUST BE INSURED FOR CERTAIN MINIMUM AUTOMOBILE INSURANCE COVERAGES, AND REQUIRE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO ENFORCE THESE PROVISIONS BY APPROPRIATE REGULATIONS, RULINGS, OR ORDERS.

Referred to Committee on Labor, Commerce and Industry.

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

H. 3946 -- Reps. Stoddard, Phillips, Littlejohn and Inabinett: A CONCURRENT RESOLUTION TO FIX 11:00 A.M. ON WEDNESDAY, APRIL 23, 1997, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY, COASTAL CAROLINA UNIVERSITY, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1997 OR WHOSE OFFICES OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

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

(1)     That the House of Representatives and the Senate meet in joint session in the Hall of the House of Representatives at 11:00 A.M. on Wednesday, April 23, 1997, for the purpose of electing members of the boards of trustees of South Carolina State University, Coastal Carolina University, and the Wil Lou Gray Opportunity School to succeed those members whose terms expire in 1997 or whose positions otherwise must be filled.

(2)     That all nominations be made by the Chairman of the Joint Legislative Committee which screened the candidates for the above offices and that no further nominating nor any seconding speeches be made during the joint session by members of the General Assembly on behalf of any of the candidates.

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

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

Allison                Altman                 Askins
Bailey                 Barfield               Barrett
Battle                 Bauer                  Beck
Boan                   Bowers                 Breeland
Brown, G.              Brown, H.              Brown, J.
Brown, T.              Byrd                   Campsen
Carnell                Cato                   Cave
Chellis                Clyburn                Cobb-Hunter
Cooper                 Cromer                 Dantzler
Davenport              Delleney               Easterday
Edge                   Felder                 Fleming
Gamble                 Gourdine               Govan
Hamilton               Harrell                Harrison
Harvin                 Haskins                Hawkins
Hines, J.              Hines, M.              Hinson
Hodges                 Howard                 Inabinett
Jennings               Jordan                 Keegan
Kelley                 Kennedy                Kinon
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Leach                  Lee                    Limbaugh
Limehouse              Littlejohn             Lloyd
Loftis                 Mack                   Martin
Mason                  McCraw                 McKay
McLeod                 McMahand               Meacham
Miller                 Moody-Lawrence         Mullen
Neilson                Parks                  Phillips
Pinckney               Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Scott                  Seithel
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, F.              Smith, J.
Smith, R.              Spearman               Stille
Stoddard               Stuart                 Townsend
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 Thursday, April 10.

Bill Cotty                        Joe McMaster
Joseph H. Neal                    Jackson S. Whipper
Ralph W. Canty                    Richard M. Quinn, Jr.
Daniel L. Tripp

The SPEAKER granted Rep. MADDOX a leave of absence for the day.

The SPEAKER granted Rep. BAXLEY a leave of absence to participate in the U.S. State Department American Council of Young Political Leaders exchange program for the United States to the countries of Hungary and Poland.

Rep. HARRISON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, April 9.

Rep. TOWNSEND presented to the House SFC Gerald S. and Miriam A. Hanks of Anderson County, the 1996 Family of the Year, selected by the South Carolina Army National Guard.

Rep. COBB-HUNTER presented to the House the Holly Hill-Roberts High School Bulldogs Basketball Team, winners of the 1997 Class AAA State Championships, their coaches, staff and other school officials.

The following Bill was taken up.

H. 3858 -- Reps. Vaughn, Haskins, Cato, Leach and Hamilton: A BILL TO AMEND ACT 432 OF 1947, AS AMENDED, RELATING TO THE GREENVILLE HOSPITAL SYSTEM, ITS CREATION, BOARD, POWERS, AND DUTIES, SO AS TO PROHIBIT THE BOARD FROM SELLING, LEASING, MERGING, CONSOLIDATING, OR TRANSFERRING CERTAIN OF ITS ASSETS OR ENTERING INTO A JOINT VENTURE OR OTHER BUSINESS RELATIONSHIP WITHOUT THE CONSENT OF THE GREENVILLE COUNTY LEGISLATIVE DELEGATION IF THE ACTION DISPOSES OF OR COMMITS TEN PERCENT OR MORE OF THE ASSETS; TO PROHIBIT THE BOARD FROM TRANSFERRING OR DELEGATING ITS RESPONSIBILITIES AND AUTHORITY OVER THE HOSPITAL SYSTEM TO ANY OTHER PERSONS, BOARD, OR ENTITY, AND TO PROVIDE THAT THE LEGISLATIVE DELEGATION ONLY MAY CALL FOR A REFERENDUM IF CONSENT IS REQUESTED TO TAKE SUCH ACTION; TO INCREASE THE BOARD FROM SEVEN TO NINE MEMBERS AND TO PROVIDE NOMINATING PROCEDURES AND TO PROVIDE ALTERNATIVE COMPOSITION AND PROCEDURES CONTINGENT UPON A GREENVILLE CITY COUNCIL STIPULATION BY ORDINANCE; TO AUTHORIZE THE BOARD TO PROVIDE SERVICES AND LOCATE FACILITIES OUTSIDE OF GREENVILLE COUNTY IF SUCH WOULD ENHANCE SERVICES; TO ENTER INTO JOINT VENTURES OR OTHER BUSINESS RELATIONSHIPS SUBJECT TO THE REQUIREMENT FOR OBTAINING CONSENT UNDER CERTAIN CONDITIONS; TO AUTHORIZE THE CHANGE OF NAME OF THE BOARD AND THE OPERATION OF THE BOARD UNDER A TRADE NAME; TO AUTHORIZE THE ESTABLISHMENT OF ONE OR MORE SUBSIDIARIES AND TO REQUIRE SUCH ENTITY TO COMPLY WITH THE FREEDOM OF INFORMATION ACT; TO ESTABLISH ADDITIONAL HOSPITALS OR OTHER CLINICS; TO AUTHORIZE THE EXERCISE OF CERTAIN POWERS GENERALLY CONFERRED ON REGIONAL HEALTH SERVICE DISTRICTS; TO AMEND ACT 1285 OF 1966, RELATING TO THE NAME OF THE GREENVILLE HOSPITAL SYSTEM, SO AS TO CHANGE THE NAME OF THE BOARD TO THE GREENVILLE HEALTH SYSTEM BOARD OF TRUSTEES; TO REQUIRE THE BOARD OF TRUSTEES TO REIMBURSE THE COUNTY FOR ANY DAMAGES THE COUNTY MAY BE REQUIRED TO PAY THE CITY UNDER A CONTRACT ARISING OUT OF ACT 432 OF 1947; AND TO REPEAL CERTAIN PROVISIONS CONTINGENT UPON STIPULATIONS OF GREENVILLE CITY COUNCIL.

Rep. VAUGHN 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.

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

H. 3823 -- Reps. Carnell, Klauber, Stille and Parks: A BILL TO AMEND SECTION 56-1-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING OF CERTAIN CONVICTIONS OF A PERSON FROM ANOTHER STATE TO THE LICENSING AUTHORITY OF HIS HOME STATE, SO AS TO PROVIDE THAT CERTAIN OTHER STATES SHALL REPORT CERTAIN CONVICTIONS OF A PERSON FROM SOUTH CAROLINA THAT OCCUR IN THE OTHER STATE TO THE DEPARTMENT OF PUBLIC SAFETY WITHIN FIVE YEARS OF THE CONVICTION.

The following Bill was taken up.

H. 3137 -- Rep. J. Brown: A BILL TO AMEND TITLE 40, CHAPTER 67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEECH PATHOLOGISTS AND AUDIOLOGISTS SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40 AND, AMONG OTHER THINGS, TO REDUCE THE NUMBER OF BOARD MEMBERS FROM SIX TO FIVE, TO CLARIFY THE DUTIES AND RESPONSIBILITIES OF THE BOARD, TO CLARIFY THE SCOPE OF PRACTICE, TO AUTHORIZE DISPENSING AND FITTING DEVICES TO PROMOTE COMMUNICATION, TO ADD LICENSURE FOR SPEECH-LANGUAGE PATHOLOGY ASSISTANTS, TO PROVIDE FOR BIENNIAL LICENSURE, TO INCREASE FEES, TO REQUIRE CONTINUING EDUCATION, TO CLARIFY EXEMPTIONS FROM THE CHAPTER, AND TO ESTABLISH CRIMINAL PENALTIES.

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.

The following Joint Resolution was taken up.

S. 553 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO EMERGENCY MEDICAL SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2161, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. J. BROWN 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.

The following Bill was taken up.

H. 3291 -- Reps. Kelley, Witherspoon, Simrill, Young-Brickell, Edge, Keegan, Riser, Davenport, Lanford, Knotts, Robinson, Sandifer, McCraw, Law, Askins, Rice, Miller, Wilkins, Limbaugh and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-386 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO DISSEMINATE OR DISPLAY INDECENT MATERIAL TO MINORS AND TO PROVIDE PENALTIES; TO AMEND SECTIONS 16-15-345 AND 16-15-355, RELATING TO THE ILLEGAL DISTRIBUTION OF OBSCENE MATERIAL TO MINORS, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 16-15-375, AS AMENDED, RELATING TO DEFINITIONS REGARDING SEXUAL EXPLOITATION OF MINORS, SO AS TO PROVIDE THAT THESE DEFINITIONS APPLY TO THE PROVISIONS CONTAINED IN SECTION 16-15-386 CONCERNING DISPLAYING INDECENT MATERIAL TO MINORS, AND TO PROVIDE A DEFINITION FOR "INDECENT MATERIAL TO MINORS"; TO AMEND SECTION 44-53-391, RELATING TO THE UNLAWFUL ADVERTISEMENT FOR SALE, MANUFACTURE, POSSESSION, SALE OR DELIVERY OF PARAPHERNALIA, SO AS TO REVISE THE PENALTIES; AND TO PROVIDE A SEVERABILITY CLAUSE.

Rep. SCOTT 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.

The following Bill was taken up.

H. 3403 -- Reps. Cato, Wilkins, Young-Brickell, Meacham, Haskins, Davenport, Tripp, Seithel, Limehouse, Law, Delleney, Gamble, Trotter, Harrison, Dantzler, Littlejohn, Quinn, Chellis, Bailey, Mason, Allison, Harrell, Sandifer, Jordan, Inabinett, Stuart, Kelley, Rice, Canty, Neilson, Simrill, Moody-Lawrence, Altman, Easterday, Leach, Stoddard, F. Smith, Barfield and Edge: A BILL TO AMEND CHAPTER 8, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "UNIFORM TRADE SECRETS ACT", SO AS TO, AMONG OTHER THINGS, CHANGE THE NAME AND SCOPE OF THE CHAPTER TO THE "SOUTH CAROLINA TRADE SECRETS ACT", CHANGE THE DEFINITION OF VARIOUS TERMS, ADD NEW DEFINITIONS, AND ADD CERTAIN PROVISIONS OF LAW.

Rep. DAVENPORT 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.

The following Bill was taken up.

H. 3421 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-567 SO AS TO CREATE A MISDEMEANOR FOR KNOWINGLY MAKING A FALSE REPORT OF ABUSE OR NEGLECT AND TO PROVIDE PENALTIES; TO AMEND SECTION 20-7-540, AS AMENDED, RELATING TO IMMUNITY FROM LIABILITY FOR GOOD FAITH REPORTING OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT THERE IS NO IMMUNITY IF A PERSON DOES NOT ACT IN GOOD FAITH OR ACTS MALICIOUSLY IN MAKING A REPORT.

Rep. SPEARMAN 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.

The following Bill was taken up.

H. 3506 -- Reps. Wilkins, Sharpe, Cobb-Hunter, Harrison, Cooper, Campsen and Hodges: A BILL TO AMEND SECTION 1-30-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND AGENCIES, BOARDS, AND COMMISSIONS TRANSFERRED TO THE DEPARTMENT PURSUANT TO THE GOVERNMENT RESTRUCTURING ACT OF 1993, SO AS TO PROVIDE THAT THE COASTAL COUNCIL MAY BE RELOCATED WITHIN THE DEPARTMENT BUT MUST CONTINUE AS AN ORGANIZATIONAL UNIT AND AT OR ABOVE THE BUREAU LEVEL.

Rep. MILLER 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.

The following Bill was taken up.

H. 3586 -- Rep. Harrison: A BILL TO AMEND SECTIONS 1-3-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS OF OFFICERS REMOVED BY THE GOVERNOR; 1-23-390, RELATING TO JUDICIAL REVIEW OF CERTAIN ADMINISTRATIVE PROCEDURES ACT APPEALS; 4-27-320, RELATING TO APPEALS OF CIRCUIT COURT DECISIONS INVOLVING COUNTY BOARD OF ADJUSTMENT CASES; 4-27-630, RELATING TO APPEALS OF CERTAIN COUNTY PLANNING CASES; 6-7-790, RELATING TO APPEALS OF ZONING DECISIONS; 6-29-850, RELATING TO APPEALS OF BOARD OF ZONING APPEALS DECISIONS; 6-29-940, RELATING TO APPEALS OF BOARD OF ARCHITECTURAL REVIEW DECISIONS; 14-11-85, RELATING TO APPEALS FROM FINAL JUDGMENTS ENTERED BY A MASTER-IN-EQUITY; 17-27-100, RELATING TO JUDICIAL REVIEWS OF POST-CONVICTION RELIEF DECISIONS; 20-7-2220, RELATING TO APPEALS OF FAMILY COURT DECISIONS PERTAINING TO THE COMMITMENT OR CUSTODY OF CHILDREN; 34-29-180, RELATING TO JUDICIAL REVIEW OF CONSUMER FINANCE LAW DECISIONS; 37-6-108, AS AMENDED, RELATING TO REVIEW OF ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS; 37-6-415, RELATING TO JUDICIAL REVIEW OF CONTESTED CASES UNDER THE CONSUMER PROTECTION CODE; 39-37-100, RELATING TO JUDICIAL REVIEW OF CERTAIN DEPARTMENT OF AGRICULTURE DECISIONS; 41-31-630 AND 41-35-750, RELATING TO APPEAL OF CERTAIN EMPLOYMENT SECURITY COMMISSION DECISIONS; 42-17-40, AS AMENDED, RELATING TO APPEAL OF CERTAIN WORKERS' COMPENSATION COMMISSION AWARDS; 44-17-620, RELATING TO APPEALS OF PROBATE COURT ORDERS REGARDING THE COMMITMENT OF MENTALLY ILL PERSONS; 49-19-1080, RELATING TO APPEAL OF DRAINAGE AND WATER RECLAMATION DECISIONS; 57-5-1120, RELATING TO JUDICIAL REVIEW OF DEPARTMENT OF TRANSPORTATION DECISIONS PERTAINING TO PRIVATE DRIVEWAYS AND SIDE-ROAD ENTRANCES; 58-5-360, RELATING TO APPEALS OF PUBLIC SERVICE COMMISSION DECISIONS PERTAINING TO GAS, HEAT, WATER, AND SEWAGE COMPANIES; 58-9-1470, RELATING TO APPEALS OF ORDERS OF THE PUBLIC SERVICE COMMISSION PERTAINING TO TELEPHONE AND TELEGRAPH COMPANIES; 59-25-260, RELATING TO APPEALS OF STATE BOARD OF EDUCATION ORDERS PERTAINING TO TEACHERS; 59-25-480, RELATING TO APPEALS OF SCHOOL DISTRICT BOARD OF TRUSTEES' DECISIONS PERTAINING TO TEACHERS; AND 59-25-830, RELATING TO DECISIONS OF STATE BOARD OF EDUCATION PERTAINING TO DISCRIMINATION AGAINST TEACHERS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE APPEALS OR REVIEWS MUST BE TAKEN INCLUDING AS PROVIDED BY THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTIONS 1-7-140, RELATING TO ANNUAL REPORTS TO THE GENERAL ASSEMBLY BY THE ATTORNEY GENERAL; 2-13-60, RELATING TO DUTIES OF THE CODE COMMISSIONER; 2-13-80, RELATING TO ANNUAL CUMULATIVE SUPPLEMENTS TO THE SOUTH CAROLINA CODE OF LAWS; 14-1-40, RELATING TO THE DEFINITION OF A CLERK FOR CERTAIN COURT PURPOSES; 14-8-210, RELATING TO REVIEW BY THE SUPREME COURT OF COURT OF APPEALS' DECISIONS; 15-1-60, RELATING TO THE DEFINITION OF A CLERK FOR PURPOSES OF CIVIL REMEDIES AND PROCEDURES; 15-1-260, RELATING TO PAYMENTS OF DEPOSITS IN LIEU OF BONDS; 15-17-550, RELATING TO ARREST AND BAIL APPEAL PROCEEDINGS; 17-4-70, RELATING TO DUTIES OF THE OFFICE OF APPELLATE DEFENSE; 17-15-200, RELATING TO PERSONS TO WHOM A DEPOSIT IN LIEU OF BOND OR RECOGNIZANCE MUST BE PAID; 18-1-20, RELATING TO CERTAIN DEFINITIONS IN REGARD TO CIVIL AND CRIMINAL APPEALS; 18-9-10, AS AMENDED, 18-9-30, 18-9-40, AND 18-9-270, ALL RELATING TO APPEALS TO THE SUPREME COURT; 27-40-800, RELATING TO LANDLORD AND TENANT APPEALS; 38-59-40, AS AMENDED, RELATING TO LIABILITY FOR ATTORNEYS' FEES WHERE AN INSURER HAS REFUSED TO PAY A CLAIM AND APPEALS THEREFROM; 38-63-90, RELATING TO AUTHORIZATION OF ATTORNEYS' FEES WHERE A LIFE INSURER REFUSES TO PAY A CLAIM AND APPEALS THEREFROM; 39-3-190, RELATING TO ENFORCEMENT OF TRUST AND MONOPOLY PROVISIONS BY THE ATTORNEY GENERAL; 42-1-650, RELATING TO LIMITATIONS ON CERTAIN WORKERS' COMPENSATION ACTIONS; 50-5-130, AS AMENDED, RELATING TO PROSECUTION OF FISH, GAME, AND WATERCRAFT VIOLATORS; 59-25-270, RELATING TO REVOCATION OR SUSPENSION OF TEACHERS' CERTIFICATES AND APPEALS THEREFROM; 62-1-308, AS AMENDED, RELATING TO APPEALS FROM THE PROBATE COURT UNDER THE SOUTH CAROLINA PROBATE CODE, SO AS TO INCLUDE REFERENCES THEREIN TO THE COURT OF APPEALS OR TO CLARIFY REFERENCES THEREIN TO THE COURT OF APPEALS OR OTHER COURTS; TO AMEND SECTIONS 1-7-40, RELATING TO APPEARANCES FOR THE STATE IN THE SUPREME COURT BY THE ATTORNEY GENERAL, SO AS TO CLARIFY A REFERENCE THEREIN TO THE SUPREME COURT; 14-1-70, RELATING TO THE LISTING OF THE COURTS OF JUSTICE IN THIS STATE, SO AS TO INCLUDE THE COURT OF APPEALS THEREIN AND DELETE VARIOUS OBSOLETE REFERENCES; 14-8-200, RELATING TO JURISDICTION OF THE COURT OF APPEALS, SO AS TO FURTHER PROVIDE FOR THIS JURISDICTION; 14-8-260, RELATING TO DETERMINATION OF CASES ASSIGNED TO THE COURT OF APPEALS, SO AS TO PROVIDE THAT THE SUPREME COURT SHALL SPECIFY BY RULE WHETHER OR NOT THE NOTICE OF APPEAL SHALL BE FILED INITIALLY WITH THE SUPREME COURT OR COURT OF APPEALS AND TO ESTABLISH PROCEDURES FOR THE FILING OF THESE NOTICES OF APPEAL; 15-51-42, AS AMENDED, RELATING TO APPROVAL OF SETTLEMENTS OF WRONGFUL DEATH OR SURVIVAL ACTIONS, SO AS TO SPECIFY THE PARTICULAR COURTS TO WHICH CERTAIN PETITIONS SHALL BE ADDRESSED; 18-9-150, RELATING TO DEPOSITS OR SURETY WHEN A JUDGMENT REQUIRES DELIVERY OF DOCUMENTS; 18-9-160, RELATING TO STAYING A JUDGMENT TO EXECUTE A CONVEYANCE; 18-9-220, RELATING TO WHEN NOTICE OF APPEAL STAYS LOWER COURT PROCEEDINGS, SO AS TO SPECIFY WHICH APPELLATE COURT IS ENTITLED TO ISSUE CERTAIN ORDERS OR ISSUE BINDING JUDGMENTS IN REGARD THERETO; TO REPEAL SECTIONS 14-8-540, RELATING TO PROCEDURES FOR APPEALS TO THE COURT OF APPEALS; 15-37-150, RELATING TO CASES ON APPEAL TO THE SUPREME COURT; AND 17-4-90, RELATING TO WHEN TIME TO APPEAL COMMENCES IN CERTAIN CASES INVOLVING INDIGENT PERSONS.

Rep. STUART 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.

The following Bill was taken up.

H. 3593 -- Rep. Limbaugh: A BILL TO AMEND SECTIONS 16-3-1110 AND 16-3-1210, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE THAT THE DEFINITION OF CRIME INCLUDES TERRORISM AS DEFINED BY FEDERAL LAW AND TO PROVIDE THAT CERTAIN VICTIMS OF TERRORISM OUTSIDE THE UNITED STATES MAY FILE FOR BENEFITS WITH THE VICTIM'S COMPENSATION FUND.

Rep. SPEARMAN 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.

The following Bill was taken up.

H. 3603 -- Reps. Allison, Rice, Barrett, Seithel, Leach, Chellis, Simrill, Hinson, Spearman, Phillips, Bailey, Cato, McCraw, Sandifer, Walker, Limbaugh, Riser, Kinon, Young, R. Smith, Easterday, Rhoad, Mason, Gamble, Harvin, Bauer, Moody-Lawrence, Miller, Stuart, Limehouse, McMaster and Battle: A BILL TO AMEND SECTION 20-7-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL CONDUCT TOWARDS A CHILD BY PERSONS HAVING CHARGE OR CUSTODY OF THE CHILD, SO AS TO SUBSTITUTE A PERSON RESIDING IN THE HOUSE OF A CHILD, OR HAVING RECURRING ACCESS TO A CHILD, OR WHO HAS BEEN GIVEN RESPONSIBILITY TO CARE FOR A CHILD IN PLACE OF A PERSON WHO IS RESPONSIBLE FOR THE CARE AND SUPPORT OF A CHILD, AND TO MAKE IT UNLAWFUL FOR A PERSON WHO HAS CHARGE OR CUSTODY OF A CHILD TO PLACE THE CHILD IN A SITUATION THAT WOULD LIKELY LEAD TO ABANDONMENT.

Rep. SPEARMAN 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.

The following Bill was taken up.

S. 77 -- Senators Holland and Giese: A BILL TO AMEND SECTION 22-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFERRING A CLAIM AND COUNTERCLAIM FROM MAGISTRATES COURT TO THE COURT OF COMMON PLEAS IF A SUCCESSFUL COUNTERCLAIM WOULD EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS, SO AS TO INCREASE TO FIVE THOUSAND DOLLARS THE AMOUNT OF A COUNTERCLAIM WHICH MAY BE FILED IN MAGISTRATES COURT.

Rep. YOUNG-BRICKELL 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.

The following Bill was taken up.

S. 308 -- Senators McGill, Lander, Alexander, Anderson, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Rose, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington, Williams and Wilson: A BILL TO AMEND SECTION 56-2-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REFUSAL TO RENEW A DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION FOR NONPAYMENT OF PROPERTY TAXES, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE BIENNIAL LICENSE PLATES AND REVALIDATION DECALS.

Rep. YOUNG-BRICKELL 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.

Rep. HARRISON asked unanimous consent to recall H. 3791 from the Committee on Judiciary.

Rep. HOWARD objected.

On motion of Rep. LIMBAUGH, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.

S. 480 -- Senator Courtney: A BILL TO AMEND SECTIONS 16-3-1110 AND 16-3-1210, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE THAT THE DEFINITION OF CRIME INCLUDES TERRORISM AS DEFINED BY FEDERAL LAW AND TO PROVIDE THAT CERTAIN VICTIMS OF TERRORISM OUTSIDE THE UNITED STATES MAY FILE FOR BENEFITS WITH THE VICTIM'S COMPENSATION FUND.

Rep. STUART asked unanimous consent to recall H. 3871 from the Committee on Ways and Means.

Rep. H. BROWN objected.

Rep. SCOTT asked unanimous consent to recall H. 3201 from the Committee on Agriculture, Natural Resources and Environmental Affairs.

Rep. HARRISON objected.

On motion of Rep. SHARPE, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3756 -- Reps. Limehouse, Bailey, Battle, Bauer, Bowers, J. Brown, T. Brown, Campsen, Canty, Chellis, Dantzler, Delleney, Edge, Gamble, Gourdine, Harrell, Hinson, Hodges, Jordan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Koon, Leach, Mason, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Pinckney, Rhoad, Rice, Rodgers, Scott, Seithel, Sharpe, Sheheen, F. Smith, Spearman, Stille, Stuart, Tripp, Walker, Whatley, Whipper and Witherspoon: A BILL TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON TAKING CERTAIN FISH, SO AS TO REQUIRE THAT BLACK SEA BASS BE PROCESSED, MARKETED, AND SOLD WITH THE HEAD AND TAIL FINS INTACT.

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

H. 3710 -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-1-175 AND 56-1-176 SO AS TO PROVIDE FOR THE ISSUANCE OF A PROVISIONAL DRIVER'S LICENSE; BY ADDING SECTION 56-5-2953 SO AS TO PROVIDE THAT A DRIVER UNDER THE AGE OF TWENTY-ONE SHALL NOT OPERATE A MOTOR VEHICLE WITH ANY MEASURABLE AMOUNT OF ALCOHOL; BY ADDING SECTION 56-23-87 SO AS TO PROVIDE THAT A PERSON WHO SUCCESSFULLY COMPLETES CERTAIN DRIVER TRAINING COURSES MUST BE ISSUED A CERTIFICATE OF COMPLETION; TO AMEND SECTION 56-1-30, RELATING TO PERSONS EXEMPT FROM OBTAINING A DRIVER'S LICENSE, SO AS TO DEFINE "IMPLEMENTS OF HUSBANDRY"; TO AMEND SECTION 56-1-40, AS AMENDED, RELATING TO A PERSON WHO MAY NOT OBTAIN A DRIVER'S LICENSE OR HAVE HIS DRIVER'S LICENSE RENEWED, SO AS TO REVISE THE AGE OF A PERSON WHO MAY BE ISSUED A DRIVER'S LICENSE OR A SPECIAL RESTRICTED DRIVER'S LICENSE; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO THE APPLICATION, PROCEDURE, ISSUANCE, AND RENEWAL OF, AND FEE FOR A BEGINNER'S PERMIT, SO AS TO REVISE THE CONDITIONS UNDER WHICH A PERSON HOLDING A BEGINNER'S PERMIT MAY OPERATE A MOTOR VEHICLE, TO PROVIDE THAT BEFORE OBTAINING FULL LICENSURE CERTAIN PERSONS MUST HOLD A BEGINNER'S PERMIT FOR NINETY DAYS, AND TO DEFINE "DAYLIGHT HOURS"; TO AMEND SECTION 56-1-130, AS AMENDED, RELATING TO EXAMINATIONS FOR BASIC AND CLASSIFIED LICENSES, SO AS TO PROVIDE FOR THE CONDITIONS UPON WHICH THE HOLDER OF A PROVISIONAL OR SPECIAL RESTRICTED DRIVER'S LICENSE MAY OPERATE A FARM TRUCK; TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO THE SPECIAL RESTRICTED DRIVER'S LICENSE FOR MINORS, SO AS TO REVISE THE AGE OF A PERSON THAT MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, TO DELETE A REFERENCE TO AN INSTRUCTION PERMIT, TO REVISE THE CIRCUMSTANCES UPON WHICH A PERSON MAY OPERATE A VEHICLE WHILE HOLDING A SPECIAL RESTRICTED DRIVER'S LICENSE, TO PROVIDE CONDITIONS UPON WHICH A WAIVER OR MODIFICATION OF THE LICENSE RESTRICTIONS MAY BE GRANTED AND THE CONTENTS OF THE STATEMENT THAT MUST BE INCLUDED IN AN APPLICATION FOR WAIVER OR MODIFICATION OF THE RESTRICTIONS, AND TO DEFINE "DAYLIGHT HOURS"; AND TO AMEND SECTION 56-1-185, RELATING TO THE POSTPONEMENT OF THE REMOVAL OF RESTRICTIONS FROM A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT A HOLDER OF A BEGINNER'S PERMIT, PROVISIONAL OR SPECIAL RESTRICTED DRIVER'S LICENSE WHO IS CONVICTED OF CERTAIN TRAFFIC OFFENSES SHALL HAVE HIS LICENSE SUSPENDED FOR SIX MONTHS.

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

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

H. 3993 -- Rep. Tripp: A BILL TO AMEND CHAPTER 13, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDUCT OF ELECTIONS, BY ADDING SECTION 7-13-630, SO AS TO PROVIDE FOR CERTAIN INFORMATION TO BE PRINTED ON BALLOTS IN RELATION TO SUPPORT OR NONSUPPORT OF TERM LIMITS FOR FEDERAL LEGISLATORS BY FEDERAL CANDIDATES, TO PROVIDE FOR A TERM LIMITS PLEDGE, TO PROVIDE FOR DETERMINATION AND APPEAL OF DECISION TO PLACE INFORMATION ON BALLOTS, AND TO PROVIDE A REPEALER.

Referred to Committee on Judiciary.

H. 3994 -- Rep. Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-94 SO AS TO ESTABLISH A RIGHT FOR WOMEN TO BREAST FEED CHILDREN IN PUBLIC WITHOUT HARASSMENT; AND TO PROVIDE THAT IT MAY NOT BE CONSIDERED INDECENT EXPOSURE.

Referred to Committee on Judiciary.

H. 3995 -- Reps. Lanford, Lee, Mack, T. Brown, Kennedy, Trotter, Knotts, M. Hines, Stuart, Miller, Battle, D. Smith, Spearman, Seithel, J. Hines, Bauer, F. Smith and Riser: A BILL TO AMEND SECTION 53-1-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION OF A COUNTY FROM THE SUNDAY CLOSING (BLUE) LAWS BASED ON ACCOMMODATIONS TAX REVENUES IN THE COUNTY, SO AS TO LOWER THE EXEMPTION THRESHHOLD FROM NINE HUNDRED THOUSAND DOLLARS IN A FISCAL YEAR TO FOUR HUNDRED FIFTY THOUSAND DOLLARS.

Referred to Committee on Ways and Means.

H. 3996 -- Reps. Whipper, M. Hines, Cave, Rice, J. Smith, Mack, Cromer, Klauber and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-70 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL MEET IN STATEWIDE SESSION ON WEDNESDAY, THURSDAY, AND FRIDAY AND TO PROVIDE EXCEPTIONS.

Referred to Committee on Judiciary.

H. 3997 -- Reps. F. Smith and McMahand: A BILL TO AMEND SECTION 44-7-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONS AND TRANSACTIONS EXEMPT FROM STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE REQUIREMENTS, TO INCLUDE CERTAIN COUNTY AFFILIATED FACILITIES FOR CHEMICALLY DEPENDENT OR ADDICTED PERSONS AND TO REQUIRE EVERY COUNTY WITH A POPULATION IN EXCESS OF TWO HUNDRED THOUSAND TO OFFER A FACILITY TO ITS CITIZENS.

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

H. 3998 -- Reps. F. Smith and McMahand: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COUNTY'S POWER TO OFFER PUBLIC TRANSPORTATION, SO AS TO REQUIRE EVERY COUNTY WITH A POPULATION IN EXCESS OF TWO HUNDRED FIFTY THOUSAND TO OFFER OR CONTINUE TO FUND PUBLIC TRANSPORTATION, AND TO PROHIBIT THE DISCONTINUANCE OR DIMINUTION OF SERVICE ONCE IT IS IN EFFECT.

Referred to Committee on Education and Public Works.

H. 3999 -- Rep. Wilkins: A BILL TO AMEND SECTION 30-4-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OR COPYING OF PUBLIC RECORDS AND THE AVAILABILITY OF PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO REVISE THE PROCEDURE FOR MAKING RECORDS AVAILABLE AND TO REQUIRE CERTAIN PUBLIC RECORDS TO BE MADE AVAILABLE FOR PUBLIC INSPECTION ON A CONTINUOUS BASIS; TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO SPECIFY THAT CERTAIN PUBLIC EMPLOYEE RECORDS CONCERNING EVALUATIONS, DISCIPLINARY MATTERS, AND THOSE USED RELATING TO INDIVIDUALS SELECTED FOR INTERVIEWS AND UTILIZED IN CONNECTION WITH APPLICATIONS FOR PUBLIC EMPLOYMENT ARE NOT EXEMPT FROM DISTRIBUTION ON THE BASIS IT WOULD CONSTITUTE AN UNREASONABLE INVASION OF PERSONAL PRIVACY, AND TO SPECIFY THAT DOCUMENTS CONCERNING CONTRACTUAL ARRANGEMENTS OF SALES OR PROPOSED SALES OR PURCHASES OF PROPERTY MUST BE MADE AVAILABLE WHEN THE TRANSACTION TO WHICH THE DOCUMENTS RELATE IS ENTERED INTO OR THE PROPERTY IS SOLD OR PURCHASED; TO AMEND SECTION 30-4-50, AS AMENDED, RELATING TO INFORMATION DECLARED PUBLIC INFORMATION UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO DELETE "INCIDENT" AS THE ONLY TYPE OF REPORTS DISCLOSING CERTAIN INFORMATION INVOLVING A CRIME OR ALLEGED CRIME; TO AMEND SECTION 30-4-70, RELATING TO MEETINGS THAT MAY BE CLOSED TO THE PUBLIC PURSUANT TO THE FREEDOM OF INFORMATION ACT, SO AS TO SPECIFY THAT AN EXECUTIVE SESSION FOR RECEIPT OF LEGAL ADVICE IS PERMITTED ONLY WHEN THE LEGAL ADVICE RELATES TO A PENDING, THREATENED, OR POTENTIAL CLAIM, TO DEFINE THE TERM "SPECIFIC PURPOSE", TO PROVIDE THAT WHEN THE EXECUTIVE SESSION IS HELD PURSUANT TO SECTION 30-4-70(a)(1), THE IDENTITY OF THE INDIVIDUAL BEING DISCUSSED DOES NOT HAVE TO BE DISCLOSED TO SATISFY THE REQUIREMENT THAT THE SPECIFIC PURPOSE OF THE EXECUTIVE SESSION IS STATED, TO DELETE THE DEFINITION OF "FORMAL ACTION", AND TO PROVIDE THAT MEMBERS OF PUBLIC BODIES MAY NOT COMMIT THE BODY TO A COURSE OF ACTION BY A VOTE OR BY POLLING OF MEMBERS IN EXECUTIVE SESSION.

Referred to Committee on Judiciary.

H. 4000 -- Reps. Govan, Cave, Limehouse, Scott, Howard, Rhoad, Askins, Kennedy, Dantzler, Kelley, Lee, Young-Brickell, Jennings, Whipper, Seithel, Cobb-Hunter, J. Hines, Rodgers, Spearman, Cotty, Cromer, Breeland, Lloyd, Mason, Harrell, Inabinett, Parks, Bailey, Clyburn, Whatley, Hinson, Quinn, Knotts, Bowers, Riser, Mack and Stoddard: A JOINT RESOLUTION TO PROVIDE FOR A STATEWIDE NONBINDING REFERENDUM ON NOVEMBER 4, 1997, TO ASCERTAIN THE WISHES OF THE QUALIFIED ELECTORS OF THE STATE AS TO WHETHER OR NOT THEY FAVOR A STATE-RUN LOTTERY WITH THE PROCEEDS GOING TO FUND PUBLIC EDUCATION AND TO PROVIDE COLLEGE TUITION GRANTS FOR STUDENTS WITH A "B" OR BETTER AVERAGE.

Referred to Committee on Judiciary.

H. 4001 -- Reps. Whipper, Cobb-Hunter, Fleming, Knotts, Rice, Hodges, Haskins, Klauber and Riser: A BILL TO AMEND SECTION 15-78-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WHEN AND WHERE TO COMMENCE AN ACTION AND THE REQUIREMENT OF A SPECIAL VERDICT TO SPECIFY PROPORTIONATE LIABILITY UPON MULTIPLE DEFENDANTS, SO AS TO PROVIDE THAT CERTAIN CAUSES OF ACTION MUST BE FILED IN MAGISTRATE COURT; AND TO AMEND SECTION 15-78-120, AS AMENDED, RELATING TO LIMITATIONS ON LIABILITY, THE PROHIBITION AGAINST THE RECOVERY OF PUNITIVE OR EXEMPLARY DAMAGES OR PREJUDGMENT INTEREST, AND AN ATTORNEY'S SIGNATURE ON PLEADINGS, MOTIONS, OR OTHER PAPERS, SO AS TO PROVIDE THAT A STATE AGENCY OR POLITICAL SUBDIVISION MAY BE REPRESENTED BY A DEPARTMENT MANAGER, STAFF PERSON, OR ANOTHER OFFICIAL IN CERTAIN ACTIONS.

Referred to Committee on Judiciary.

H. 4002 -- Reps. Townsend, Stille, Martin, Maddox, Jordan, Sandifer, Trotter and Barrett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-790 SO AS TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO SUBMIT TO THE HOUSE EDUCATION AND PUBLIC WORKS COMMITTEE AND THE SENATE TRANSPORTATION COMMITTEE A REPORT ENUMERATING ALL CONSTRUCTION AND MAINTENANCE PROJECTS UNDER CONSTRUCTION OR PROPOSED FOR THE CURRENT OR SUBSEQUENT FISCAL YEAR AND TO PROHIBIT THE DEPARTMENT FROM EXPENDING FUNDS IN THE UPCOMING FISCAL YEAR ON THESE PROJECTS UNTIL THE REPORT IS APPROVED IN ITS ENTIRETY.

Referred to Committee on Education and Public Works.

H. 4003 -- Reps. F. Smith, R. Smith, Inabinett, Lee, Fleming, Hawkins, Harrison, Sandifer, Law, McMahand, Webb, Trotter, Stille, Littlejohn, Felder, Lloyd, Beck, Allison, McLeod, Howard, Scott, Cooper, Hinson, Altman, J. Hines, Cobb-Hunter, Vaughn, Barrett, Mason, Breeland, Leach, T. Brown, Phillips, Lanford, Mack, Davenport, Jordan, Cato, Limehouse, Harrell and Loftis: A BILL TO AMEND SECTION 20-7-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL CONDUCT TOWARDS CHILDREN, SO AS TO MAKE IT UNLAWFUL TO LEAVE A CHILD UNDER THE AGE OF TEN UNATTENDED IN A MOTOR VEHICLE.

Referred to Committee on Judiciary.

H. 4004 -- Reps. Knotts, Simrill, Gourdine, McCraw, Hawkins, Cave, Limehouse, Cato, McMaster, Mason, Rhoad, Whipper, Seithel, Whatley, Lanford, Lee, R. Smith, Barfield, Jennings, Davenport, Neal, Trotter, Kelley, Dantzler, Govan, Edge, Cooper, Martin, Young, McMahand, Harrell, D. Smith, Barrett, Delleney, Bailey, Harvin, Felder, Miller, Klauber, Mack, Wilkes, McLeod, Spearman, Lloyd, Battle, Sandifer, Webb, M. Hines, Bauer, Keegan, Stoddard, Phillips, Stuart, Fleming, Howard, Leach and F. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-27 SO AS TO PROHIBIT THE FLUCTUATING WORKWEEK METHOD OF CALCULATING OVERTIME PAYMENTS FOR AGENTS AND OTHER EMPLOYEES OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION AND MAKE THIS PROHIBITION EFFECTIVE NO LATER THAN JULY 1, 1997.

Referred to Committee on Ways and Means.

H. 4005 -- Reps. H. Brown, Seithel, Gourdine, Altman, Harrell, Hinson, Limehouse, Law, Robinson, Whatley, Kelley, Dantzler and Boan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-200 SO AS TO PROVIDE FOR THE COLLECTION OF GOVERNMENT SERVICE FEES AND CHARGES IMPOSED BY COUNTIES BY MEANS OF LIENS ON THE AFFECTED REAL PROPERTY SUPERIOR TO ALL OTHER LIENS EXCEPT LIENS FOR PROPERTY TAXES, TO PROVIDE FOR THE IMPOSITION OF THESE FEES OR THE INCREASE OF EXISTING FEES OR CHARGES FALLING MATURE AND A HEARING TO AFFECTED PROPERTY OWNERS, TO PROVIDE A REMEDY FOR AGGRIEVED PARTIES, AND TO PROVIDE THAT THE LIENS CREATED BY THESE FEES OR CHARGES ARE A SUPPLEMENT TO EXISTING REMEDIES AVAILABLE TO THE COUNTY TO COLLECT THE FEES OR CHARGES.

Referred to Committee on Ways and Means.

H. 4006 -- Rep. Mason: A BILL TO AMEND SECTION 16-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOTTERIES SO AS TO AUTHORIZE A LOTTERY TO BE CONDUCTED WHICH IS INTENDED TO RAISE MONEY FOR CHARITABLE PURPOSES.

Referred to Committee on Ways and Means.

H. 4007 -- Reps. Harrell and Limehouse: A BILL TO AMEND SECTION 51-13-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATRIOTS POINT DEVELOPMENT AUTHORITY, SO AS TO FURTHER PROVIDE FOR THE APPOINTMENT AND TERMS OF BOARD MEMBERS AND VACANCIES OF THE AUTHORITY; TO AMEND SECTION 51-13-725, RELATING TO THE PATRIOTS POINT DEVELOPMENT AUTHORITY, SO AS TO PROVIDE THAT THE MT. PLEASANT MAYOR SHALL SERVE EX OFFICIO AS A MEMBER OF THE AUTHORITY; TO AMEND SECTION 51-13-740, RELATING TO THE PATRIOTS POINT DEVELOPMENT AUTHORITY, SO AS TO PROVIDE THAT THE AUTHORITY SHALL BE EXEMPT FROM PERSONNEL RULES AND THE STATEWIDE GRIEVANCE ACT; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO THE STATE GRIEVANCE PROCEDURE ACT, SO AS TO PROVIDE THAT EMPLOYEES OF THE PATRIOTS POINT DEVELOPMENT AUTHORITY BE EXEMPT FROM STATE EMPLOYEE GRIEVANCE PROCEDURES; BY ADDING SECTION 51-13-745 SO AS TO PROVIDE THAT THE AUTHORITY SHALL BE EXEMPT FROM THE PROVISIONS OF SECTION 1-70-80; BY ADDING SECTION 51-13-765 SO AS TO ALLOW THE PATRIOTS POINT DEVELOPMENT AUTHORITY TO MAINTAIN FUNDS IN SPECIAL ACCOUNTS WHICH SHALL BE RETAINED AND CARRIED OVER FROM YEAR TO YEAR, AND THAT ALL EARNINGS AND INTEREST ON THESE ACCOUNTS SHALL BE HELD FOR THE BENEFIT OF THE AUTHORITY; AND BY ADDING SECTION 51-13-775 SO AS TO PROVIDE THAT THE AUTHORITY SHALL BE EXEMPT FROM THE REQUIREMENTS OF THE STATE PROCUREMENT CODE IN PROCUREMENT OF GOODS AND SERVICES.

Referred to Committee on Ways and Means.

H. 4008 -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-71-155 SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH BONDED INDEBTEDNESS OF SCHOOL DISTRICTS SHALL BE PAID.

Referred to Committee on Ways and Means.

H. 4009 -- Rep. Govan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-58-15 SO AS TO PROVIDE THAT A MORTGAGE BROKER, A BANK, OR OTHER PERSON MAKING A FIRST MORTGAGE LOAN ON RESIDENTIAL REAL PROPERTY, WHERE MORTGAGE GUARANTY INSURANCE IS REQUIRED, MUST DISCLOSE TO THE BORROWER THAT ONCE THE LOAN TO VALUE RATIO IS LESS THAN EIGHTY PERCENT, THE MORTGAGE GUARANTY INSURANCE REQUIREMENT MAY BE ELIMINATED.

Referred to Committee on Labor, Commerce and Industry.

H. 4010 -- Rep. Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-441 SO AS TO REAFFIRM THAT PRAYER IS PERMISSIBLE AT ALL PUBLIC ACTIVITIES AND EVENTS.

Referred to Committee on Judiciary.

H. 4012 -- Rep. Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1315 SO AS TO AUTHORIZE THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS TO INVEST AND REINVEST IN EQUITY SECURITIES OF ANY CORPORATION WITHIN THE UNITED STATES THAT IS REGISTERED ON A NATIONAL SECURITIES EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934.

Referred to Committee on Ways and Means.

H. 4013 -- Rep. Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-255 SO AS TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION SHALL REQUIRE COUNTYWIDE TOLL FREE CALLING TO BE PROVIDED BY ALL TELEPHONE UTILITIES OPERATING WITHIN A COUNTY BY DECEMBER 31, 1997, AND PROVIDE FOR RELATED MATTERS.

Referred to Committee on Labor, Commerce and Industry.

H. 4014 -- Rep. Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-470 SO AS TO REQUIRE THE STATE BUDGET AND CONTROL BOARD TO PREPARE FOR EVERY BILL AND RESOLUTION INTRODUCED IN THE SENATE AND THE HOUSE OF REPRESENTATIVES A STATEMENT OF THE LEGISLATION'S IMPACT UPON THE CITIZENS OF SOUTH CAROLINA, AND PROVIDE FOR RELATED MATTERS.

Referred to Committee on Ways and Means.

H. 4015 -- Rep. Cromer: A BILL TO AMEND SECTION 12-36-2610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A TAXPAYER DISCOUNT FOR TIMELY FILING OF RETURN AND PAYMENT OF SALES OR USE TAX, SO AS TO PROVIDE FOR THE APPLICATION OF THE DISCOUNT TO EACH UNIT OF AN ENTITY COMPOSED OF MULTIPLE LOCATIONS.

Referred to Committee on Ways and Means.

H. 4016 -- Reps. Limehouse and Harrell: A BILL TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON TAKING CERTAIN FISH, SO AS TO INCREASE THE MINIMUM SIZE LIMIT FOR SPOTTED SEA TROUT FROM TWELVE INCHES TO THIRTEEN INCHES AND TO DECREASE THE CATCH LIMIT ON SPOTTED SEA TROUT FROM FIFTEEN TO TEN FISH.

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

H. 4017 -- Rep. Stille: A BILL TO AMEND SECTION 12-56-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SET OFF DEBT COLLECTION ACT, SO AS TO INCLUDE A DESIGNATED AGENT OF THE NAMED CLAIMANT AGENCIES AS A "CLAIMANT AGENCY".

Referred to Committee on Labor, Commerce and Industry.

H. 4018 -- Reps. Mack, Altman, Keegan, Parks, Sandifer, Knotts, Campsen, Whipper, J. Hines, Govan, Cato, Scott, Limehouse, Harrell, McMahand, Whatley, M. Hines, Cromer, Allison, Tripp, Fleming, Trotter, Littlejohn, McLeod, Breeland, F. Smith, T. Brown, Hodges, Lloyd, H. Brown, Moody-Lawrence, Cave, Jordan, Barrett, Klauber, Edge and Miller: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-93-250 SO AS TO REQUIRE ALL PERSONS TO DISPOSE OF HYPODERMIC SYRINGES, SHARPS, OR OTHER NEEDLES USED FOR HOME MEDICAL PURPOSES IN SPECIAL CONTAINERS.

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

S. 315 -- Senator Thomas: A BILL TO AMEND SECTION 24-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITNESSES AT AN EXECUTION, SO AS TO REVISE THE NUMBER OF PERSONS WHO MAY WITNESS AN EXECUTION.

Referred to Committee on Judiciary.

The following was introduced:

H. 4011 -- Rep. Bowers: A CONCURRENT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY THE DEVELOPMENT OF A METHOD FOR ELECTRONIC VOTING OR VOTING ON THE INTERNET IN PRIMARIES AND GENERAL ELECTIONS IN SOUTH CAROLINA, AND TO PROVIDE FOR A REPORT BY THE COMMITTEE.

The Concurrent Resolution was ordered referred to the Committee on Judiciary.

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

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

H. 4019 -- Rep. Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-25 SO AS TO PROVIDE THAT THE SEVERAL SCHOOL DISTRICTS OF THIS STATE MUST BE OF A CERTAIN MINIMUM SIZE BASED ON STUDENT ENROLLMENT AND TO PROVIDE THE PROCEDURES NECESSARY TO CONSOLIDATE THE DISTRICTS WHICH FALL BELOW THIS MINIMUM SIZE.

Referred to Committee on Education and Public Works.

H. 4020 -- Reps. Scott and Howard: A BILL TO AMEND ACT 613 OF 1986, AS AMENDED, RELATING TO THE MANNER OF ELECTION OF TRUSTEES OF RICHLAND COUNTY SCHOOL DISTRICTS ONE AND TWO, SO AS TO PROVIDE THAT BEGINNING IN 1998, MEMBERS OF THE BOARD OF TRUSTEES OF RICHLAND COUNTY SCHOOL DISTRICT TWO SHALL BE ELECTED FROM A COMBINATION OF FOUR SPECIFIED ELECTION DISTRICTS AND THREE AT-LARGE DISTRICTS IN THE SAME MANNER THAT TRUSTEES OF RICHLAND COUNTY DISTRICT ONE ARE ELECTED.

Referred to Richland Delegation.

H. 4021 -- Rep. Boan: A BILL TO AMEND SECTION 59-107-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM AMOUNT OF OUTSTANDING STATE INSTITUTION BONDS, SO AS TO INCREASE THE MAXIMUM AMOUNT OF SUCH BONDS.

Referred to Committee on Ways and Means.

H. 4022 -- Reps. Jennings and Allison: A BILL TO AMEND SECTION 19-1-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OUT-OF-COURT STATEMENTS OF CHILDREN UNDER AGE TWELVE FOR USE IN FAMILY COURT PROCEEDINGS, SO AS TO PROVIDE THAT SUCH STATEMENTS ALSO MAY BE MADE BY A CHILD WHO FUNCTIONS COGNITIVELY, ADAPTIVELY, OR DEVELOPMENTALLY UNDER THE AGE OF TWELVE.

Referred to Committee on Judiciary.

H. 4023 -- Rep. Campsen: A BILL TO AMEND SECTION 16-15-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDECENT EXPOSURE, SO AS TO DELETE THE CURRENT PROVISIONS AND TO REVISE THE MANNER IN WHICH PUBLIC NUDITY IS UNLAWFUL.

Referred to Committee on Judiciary.

H. 4024 -- Reps. Tripp, Campsen, Quinn, Barrett, Haskins, Loftis, Hodges and Limehouse: A JOINT RESOLUTION TO PROHIBIT THE USE OF A BUILDING, PROPERTY, OR FACILITY OF THE STATE, OF A POLITICAL SUBDIVISION OF THE STATE, OR OF A STATE AGENCY OR DEPARTMENT, INCLUDING A STATE-SUPPORTED INSTITUTION OF HIGHER EDUCATION, FOR A CONCERT OR PERFORMANCE BY MARILYN MANSON.

Referred to Committee on Education and Public Works.

H. 4025 -- Rep. Kelley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-17-525 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH A RALLY FOR RECREATIONAL VEHICLES AT WHICH ARE DISPLAYED OR EXHIBITED SUCH VEHICLES MAY BE HELD INCLUDING A REQUIREMENT THAT A PERMIT BE OBTAINED FROM THE DEPARTMENT OF PUBLIC SAFETY AT A FEE OF TWO HUNDRED FIFTY DOLLARS IN ORDER TO CONDUCT SUCH A RALLY, TO LIMIT SUCH RALLIES TO NO MORE THAN EIGHT A YEAR AT A CAMPGROUND, TO PROHIBIT THE SALE OF VEHICLES AT A PERMITTED RALLY; AND TO DEFINE "CAMPGROUND" AND "RALLY" FOR THE ABOVE PURPOSES.

Referred to Committee on Judiciary.

H. 4026 -- Rep. H. Brown: A BILL TO AMEND CHAPTER 35, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO REVISE THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, TO PROVIDE GENERAL PROVISIONS APPLICABLE TO THE CONSOLIDATED PROCUREMENT CODE, TO PROVIDE FOR WRITTEN DETERMINATIONS AND FINDINGS REQUIRED BY THIS CODE, TO PROVIDE FOR DEFINITIONS OF TERMS USED IN THIS CODE, TO PROVIDE FOR PUBLIC ACCESS TO PROCUREMENT INFORMATION, TO PROVIDE FOR REPORTING THE PURCHASE OF FURNITURE AND CERTAIN OTHER PURCHASES, TO PROVIDE FOR PROCUREMENT ORGANIZATION AND FOR EXCEPTIONS, TO PROVIDE FOR THE CREATION OF OFFICES AND FOR THE RESPONSIBILITY AND AUTHORITY OF THOSE OFFICES UNDER THIS CODE, TO PROVIDE FOR ADVISOR COMMITTEES AND TRAINING, TO PROVIDE FOR AUDITING AND FISCAL REPORTING, TO PROVIDE FOR SOURCE SELECTION, CONTRACTS AND AUDITS, TO PROVIDE FOR METHODS OF SOURCE SELECTION, TO PROVIDE FOR CANCELLATION OF SOLICITATIONS, TO PROVIDE FOR TYPES AND FORMS OF CONTRACTS, TO PROVIDE FOR INSPECTION OF PLANTS AND PLACES OF BUSINESS AND AUDIT OF RECORDS, TO PROVIDE FOR DETERMINATIONS AND REPORTS IN CONNECTION WITH COMPETITIVE SEALED BIDDING, CORRECTION OR WITHDRAWAL OF BIDS, AND CANCELLATION OF AWARDS, TO PROVIDE FOR REGULATION OF SPECIFICATIONS, TO PROVIDE FOR CONSTRUCTION, ARCHITECT-ENGINEER, CONSTRUCTION MANAGEMENT AND LAND SURVEYING SERVICES, TO PROVIDE FOR INDEFINITE DELIVERY CONTRACTS, AND FOR MODIFICATIONS AND TERMINATION OF CONTRACTS FOR SUPPLIES AND SERVICES, TO PROVIDE FOR COST PRINCIPLES, SUPPLY MANAGEMENT, WAREHOUSES AND INVENTORY, TO PROVIDE FOR THE REGULATION OF SALE, LEASE, TRANSFER, AND DISPOSAL OF SURPLUS SUPPLIES AND OTHER PROPERTY, TO PROVIDE FOR CERTAIN LEGAL AND CONTRACTUAL REMEDIES, THE ADMINISTRATIVE RESOLUTION OF CONTROVERSIES, AND FOR THE SOUTH CAROLINA PROCUREMENT REVIEW PANEL, TO PROVIDE FOR INTERGOVERNMENTAL RELATIONS AND FOR COOPERATIVE PURCHASING, AND TO PROVIDE FOR CERTIFICATION AND ASSISTANCE TO MINORITY BUSINESSES; TO ADD SECTION 1-11-55 SO AS TO PROVIDE FOR LEASING OF REAL PROPERTY, TO ADD SECTION 1-11-56 SO AS TO PROVIDE FOR BUDGET AND CONTROL BOARD MANAGEMENT OF STATE AGENCY LEASING OF SPACE, TO ADD SECTION 1-11-57 SO AS TO PROVIDE FOR THE EXCHANGE OF TITLE TO REAL PROPERTY BY GOVERNMENTAL BODIES OTHER THAN POLITICAL SUBDIVISIONS, AND TO ADD SECTION 1-11-58 SO AS TO PROVIDE FOR INVENTORY AND ANNUAL REPORTS OF ALL RESIDENTIAL PROPERTY OWNED BY STATE AGENCIES, AND TO REPEAL SECTIONS 1-1-1110 AND 1-11-35 RELATING TO CERTAIN PROCUREMENT AND INVENTORY PROVISIONS.

Referred to Committee on Ways and Means.

H. 4027 -- Rep. Moody-Lawrence: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF EDUCATION, IN CONSULTATION WITH THE DEPARTMENT OF MENTAL HEALTH, TO STUDY THE DISCIPLINARY PROBLEMS OF MALES IN PRIMARY AND MIDDLE SCHOOLS AND TO REQUIRE THE DEPARTMENT TO SUBMIT ITS FINDINGS TO THE HOUSE AND SENATE EDUCATION COMMITTEES.

Referred to Committee on Education and Public Works.

H. 4028 -- Rep. T. Brown: A BILL TO AMEND SECTION 7-7-270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GEORGETOWN COUNTY, SO AS TO REVISE CERTAIN OF THESE PRECINCTS.

Referred to Georgetown Delegation.

Rep. LOFTIS asked unanimous consent to recall H. 3992 from the Committee on Ways and Means.

Rep. BAILEY objected.

On motion of Rep. STUART, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.

H. 3871 -- Rep. Stuart: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM AD VALOREM TAXATION, SO AS TO EXEMPT PROPERTY OWNED AND USED BY A COUNTY FAIR ASSOCIATION THAT IS EXEMPT FROM FEDERAL INCOME TAXATION UNDER SECTION 501(C) OF THE UNITED STATES INTERNAL REVENUE CODE.

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

The Senate returned to the House with concurrence the following:

H. 3870 -- Reps. Scott, 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, Haskins, 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, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, 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, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING NEW EBENEZER BAPTIST CHURCH OF COLUMBIA ON ITS EIGHTY-SEVENTH ANNIVERSARY.

H. 3892 -- Reps. Howard, Scott, Neal, 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, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, 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, Miller, Moody-Lawrence, Mullen, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, 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, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING THE REVEREND E.W. DAVIS OF RICHLAND COUNTY ON HIS FOURTEENTH ANNIVERSARY AS PASTOR OF LITTLE ZION BAPTIST CHURCH IN BLYTHEWOOD.

At 11:45 A.M. the House in accordance with the motion of Rep. NEILSON adjourned in memory of Thomas Stillwell of Inman, to meet at 10:00 A.M. tomorrow.

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