Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.

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

Beloved, the story of the Good Samaritan has many applications and may help us at budget time. Hear St. Luke, Chapter 10 (v.36f):

"Which of these three, do you think, was a

neighbor to the man who fell into the hands

of robbers?" He said, "The one who showed him

mercy." Jesus said to him, "Go and do likewise."
Let us pray.

Lord, God of our streets and villages: Help us to understand that the secret of being a good neighbor is seeing the real need of people and being willing to do something about it. The good people in the story of the Good Samaritan were so concerned about their own affairs that they really had no zeal for the man who really needed a friend.

Help us, as we seek to serve here, to hear not only the requests of those who come asking us to help them, but also may we be in touch, and in tune, with the needs of people who cannot send a representative to provide us with information about their needs.

May we remember even the least in the kingdom... in the spirit of Jesus.

Amen.

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

February 19, 1997
Mr. President and Members of the Senate:

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

Respectfully,
David M. Beasley

Reappointment, Commission on Consumer Affairs, with term to commence September 1, 1996, and to expire September 1, 2000:

At-Large:

Mr. William Patrick Flack, 2041 Bolt Drive, Anderson, S.C. 29621

Referred to the Committee on Banking and Insurance.

April 1, 1997
Mr. President and Members of the Senate:

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

Respectfully,
David M. Beasley

Reappointment, South Carolina Public Service Authority, with term to commence May 19, 1997, and to expire May 19, 2004:

Chairman:

Mr. John S. Rainey, Post Office Box 487, Columbia, S.C. 29202

Referred to the Committee on Judiciary.

April 14, 1997
Mr. President and Members of the Senate:

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

Respectfully,
David M. Beasley

Initial Appointment, Advisory Board to the Head and Spinal Cord Injury Division of the Department of Disabilities and Special Needs, with term to commence June 30, 1996, and to expire June 30, 2000:

4th Congressional District:

Mr. David L. White, 516 Hodgens Drive, Travelers Rest, S.C. 29690

Referred to the Committee on Medical Affairs.

April 17, 1997
Mr. President and Members of the Senate:

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

Respectfully,
David M. Beasley

Initial Appointment, South Carolina Arts Commission, with term to commence June 30, 1995, and to expire June 30, 1998:

At-Large:

Eligio Maoli, Ph.D., Maoli Consolidated Enterprises, Inc., 1201 Hampton Street, #2A-3, Columbia, S.C. 29201 VICE Frances B. Stogner

Referred to the Committee on Education.

April 18, 1997
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Reappointments, Residential Builders Commission, with terms to commence June 30, 1997, and to expire June 30, 2001:

2nd Congressional District - Builder:

Mr. M. Stewart Mungo, Michael J. Mungo Company, 441 Western Lane, Irmo, S.C. 29063-9071

At-Large - Specialty Contractor:

Mr. Carl Lyn Bailey, Bailey Heating & Controls, Inc., Post Office Box 112, Simpsonville, S.C. 29681

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina Workers' Compensation Commission, with term to commence April 27, 1997, and to expire April 27, 1999:

Chairman:

Mr. W. Lee Catoe, 9813 Highgate Road, Columbia, S.C. 29223 VICE Thomas M. Marchant, III (as Chairman only)

Referred to the Committee on Judiciary.

Reappointment, South Carolina State Housing Finance and Development Authority, with term to commence August 15, 1997, and to expire August 15, 2001:

At-Large:

Mr. Eddie C. Bines, Post Office Box 325, Jamestown, S.C. 29453

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, Commission on Women, with term to commence October 18, 1997, and to expire October 18, 2001:

At-Large:

Ms. Kristin S. Maguire, 216 King's Way, Clemson, S.C. 29631 VICE M. Janet K. Allgood

Referred to the General Committee.

Initial Appointment, Advisory Board to the Head and Spinal Cord Injury Division of the Department of Disabilities and Special Needs, with term to commence June 30, 1993, and to expire June 30, 1997:

At-Large:

Mr. Charles L. McLafferty, 1587 Tolly Ganly Circle, Orangeburg, S.C. 29118

Referred to the Committee on Medical Affairs.

The following was received:

Document No. 2106
Promulgated by State Ethics Commission
Ethics, Government Accountability, Campaign Reform
Received by Lt. Governor January 8, 1997
Referred to Senate Committee on Judiciary
120 day review expiration date revised May 26, 1997
Withdrawn and resubmitted May 1, 1997

At 2:15 P.M., Senator MESCHER requested a leave of absence until 4:00 P.M.

On motion of Senator McCONNELL, at 2:15 P.M., Senator LEVENTIS was granted a leave of absence for today.

On motion of Senator PATTERSON, at 4:15 P.M., Senator JACKSON was granted a leave of absence for the balance of the day.

H. 3595 -- Reps. Stuart, Gamble, Knotts, Koon, Riser and Spearman: A BILL TO AMEND SECTION 6-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR JOINT MUNICIPAL WATER SYSTEMS, SO AS TO REVISE THE MEANING OF THE TERMS "REVENUE BONDS" AND "BONDS"; TO AMEND SECTION 6-25-100, AS AMENDED, RELATING TO POWERS OF JOINT MUNICIPAL WATER SYSTEMS, SO AS TO ALLOW LOANS, BONDS, OR NOTES ISSUED TO A JOINT SYSTEM TO BE PAID FROM OTHER FUNDS AS MAY BE AVAILABLE AND TO ALLOW MEMBERS OF A JOINT SYSTEM TO CREATE, AS THEY CONSIDER NECESSARY, ADDITIONAL PROCEDURES WHICH GOVERN THE ISSUANCE OF ANY NOTES OR BONDS; TO AMEND SECTION 6-25-110, RELATING TO AUTHORIZATION OF A JOINT SYSTEM TO INCUR DEBT AND ISSUE BONDS, SO AS TO ALLOW A JOINT SYSTEM TO USE OTHER SOURCES OF FUNDS AVAILABLE TO IT TO PAY FOR ISSUED BONDS; TO AMEND SECTION 6-25-113, RELATING TO SOURCES FROM WHICH JOINT SYSTEM BONDS ARE PAYABLE, SO AS TO ALLOW A MEMBER COUNTY OR MUNICIPALITY TO PROVIDE A PLEDGE OF ALL OR PART OF ANY REVENUES DERIVED AS PAYMENTS IN LIEU OF TAXES WITH RESPECT TO A PROJECT; TO AMEND SECTION 6-25-120, RELATING TO PAYMENT OF NOTES, OBLIGATIONS, OR BONDS, SO AS TO REQUIRE ONLY REVENUES AND OTHER FUNDS AVAILABLE TO THE JOINT SYSTEM TO BE USED TO PAY OR PLEDGED TO THE AMOUNT OF ANY NOTES, OBLIGATIONS, OR BONDS; AND TO AMEND SECTION 6-25-128, RELATING TO CONTRACTS BETWEEN MUNICIPALITIES AND JOINT SYSTEMS, SO AS TO ALLOW A MUNICIPALITY UNDER CONTRACT FOR THE PURCHASE OF CAPACITY AND OUTPUT FROM A JOINT SYSTEM TO PAY FROM REVENUES DERIVED FROM THE OWNERSHIP AND OPERATION OF THE WATER SYSTEM AND FROM OTHER SOURCES OF FUNDS AS MAY BE AVAILABLE, INCLUDING ANY AMOUNTS RECEIVED AS PAYMENTS IN LIEU OF TAXES.

Senator SETZLER asked unanimous consent to recall the Bill from the Committee on Finance.

There was no objection.

On motion of Senator SETZLER, with unanimous consent, the Bill was ordered placed on the Calendar.

H. 3807 -- Reps. Sharpe and Witherspoon: A BILL TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GAME ZONES OF THIS STATE, SO AS TO REVISE THE COMPOSITION OF GAME ZONES 1 AND 2; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE OPEN SEASON FOR TAKING DEER IN GAME ZONES 1, 2, AND 4, AND TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES IN GAME ZONES 1, 2, AND 4 SHALL ESTABLISH THE METHODS FOR HUNTING AND TAKING OF DEER AND SHALL SET OTHER RESTRICTIONS FOR HUNTING AND TAKING DEER; TO AMEND SECTION 50-11-390, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO DECLARE OPEN SEASONS AND SET BAG LIMITS AND METHODS OF HUNTING OF ANTLERLESS DEER, SO AS TO FURTHER PROVIDE FOR THE AUTHORITY OF THE DEPARTMENT IN THIS REGARD; AND TO REPEAL SECTION 50-11-395 RELATING TO THE ISSUANCE OF ANTLERLESS DEER PERMITS IN GAME ZONES 1, 2, AND 4.

Senator PEELER asked unanimous consent to recall the Bill from the Committee on Fish, Game and Forestry.

There was no objection.

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

The Bill was read the second time and ordered placed on the third reading Calendar.

On motion of Senator PEELER, with unanimous consent, H. 3807 was ordered to receive a third reading on Wednesday, May 7, 1997.

The following were introduced:

S. 730 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-360 SO AS TO PROVIDE THAT THE ASSESSED VALUE OF AN AIRCRAFT PLACED IN SERVICE BEFORE 1951 IS DEEMED TO BE FIVE HUNDRED DOLLARS AND TO EXCLUDE AIRCRAFT OPERATED BY AIRLINE COMPANIES FROM THIS VALUATION.

Read the first time and referred to the Committee on Finance.

S. 731 -- Senator Anderson: A CONCURRENT RESOLUTION TO HONOR BISHOP WILLIAM EDWARD FULLER, SR., BY EXTENDING THE PORTION OF SOUTH CAROLINA HIGHWAY 81 IN GREENVILLE COUNTY PREVIOUSLY DESIGNATED IN HIS MEMORY.

Introduced and on motion of Senator ANDERSON, with unanimous consent, S. 731 was ordered placed on the Calendar without reference.

S. 732 -- Senator Anderson: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND DR. C. C. STEWART, SR., FOR HIS DEDICATION AND DEVOTION TO NICHOLTOWN BAPTIST CHURCH, ON THE OCCASION OF THE FIFTY-FIFTH ANNIVERSARY OF ITS FOUNDING ON MAY 25, 1997.

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

H. 3340 -- Reps. Hawkins, Littlejohn, Altman, Bauer, Simrill, Davenport, McCraw, Trotter, Mullen, Barrett, Hinson, Maddox, Beck, Campsen, Webb, Tripp, Battle, Miller and Pinckney: A BILL TO AMEND SECTION 50-11-940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF CERTAIN PROPERTY OF THE BELLE W. BARUCH FOUNDATION AS A BIRD AND GAME SANCTUARY, SO AS TO PERMIT EDUCATIONAL AND RESEARCH ACTIVITIES TO BE UNDERTAKEN IN SUCH SANCTUARY NOT ONLY BY THE UNIVERSITY OF SOUTH CAROLINA AND CLEMSON UNIVERSITY BUT ALSO BY ANY OTHER FULLY ACCREDITED, NOT-FOR-PROFIT PUBLIC OR PRIVATE COLLEGE OR UNIVERSITY HEADQUARTERED IN THIS STATE OR UNDERTAKEN UNDER THE SUPERVISION OF SUCH COLLEGE OR UNIVERSITY.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 3443 -- Rep. Askins: A BILL TO AMEND SECTION 12-36-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALES TAX DUE ON THE SALE OF A MOTOR VEHICLE TO A RESIDENT OF ANOTHER STATE FOR LICENSING IN THE OTHER STATE, SO AS TO EXTEND THIS CALCULATION OF THE TAX DUE TO BOATS AND MOTORS SOLD TO A RESIDENT OF ANOTHER STATE FOR LICENSING IN THE OTHER STATE.

Read the first time and referred to the Committee on Finance.

H. 3757 -- Reps. Hinson, Altman, Chellis, Woodrum, Gourdine, Seithel, Simrill, Dantzler, Howard, Allison and Limehouse: A BILL TO AMEND SECTION 9-1-1790, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON THE AMOUNT WHICH MAY BE EARNED BY A RETIREE UNDER THE STATE RETIREMENT SYSTEM UPON RETURN TO COVERED EMPLOYMENT; AND TO AMEND SECTION 9-11-90, AS AMENDED, RELATING IN PART TO THE LIMITATION ON THE AMOUNT WHICH MAY BE EARNED BY A RETIREE UNDER THE POLICE RETIREMENT SYSTEM UPON RETURN TO COVERED EMPLOYMENT, SO AS TO PROVIDE THAT CONSULTING FEES PAID TO RETIRED MEMBERS OF THESE SYSTEMS BY AN EMPLOYER COVERED BY THESE SYSTEMS ALSO ARE CONSIDERED EARNINGS WITHIN THE MEANING OF SUCH EARNINGS LIMITATIONS.

Read the first time and referred to the Committee on Finance.

H. 4103 -- Reps. Wilkins, Haskins, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young, Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE REVEREND DR. WILLIAM C. REID, PASTOR OF BUNCOMBE STREET UNITED METHODIST CHURCH IN GREENVILLE AND FATHER OF CHARLES REID, COUNSEL TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND EXTENDING DEEPEST SYMPATHY TO ALL THE MEMBERS OF THE REID FAMILY.

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

H. 4104 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO COMMEND MRS. CARRIE WHIPPER OF NORTH CHARLESTON FOR HER COURAGE AND COMPASSION IN HER DANGEROUS RESCUE OF AN ABANDONED WOMAN AND CHILDREN.

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

H. 4105 -- Reps. Cobb-Hunter, Felder, Govan, Sharpe, Stuart, 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, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Fleming, Gamble, Gourdine, 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, Scott, Seithel, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO RECOGNIZE DR. LEROY DAVIS, EIGHTH PRESIDENT OF SOUTH CAROLINA STATE UNIVERSITY IN ORANGEBURG, FOR HIS OUTSTANDING ACHIEVEMENTS AND TO EXTEND THE SINCERE WISHES OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO HIM AND TO THE UNIVERSITY FOR A SUCCESSFUL AND PRODUCTIVE TRANSITION INTO THE TWENTY-FIRST CENTURY.

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

Columbia, S.C., May 1, 1997

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has requested and been granted Free Conference powers and has appointed Reps. Harrison, Delleney and D. Smith of the Committee of Free Conference on the part of the House on:
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,
Speaker of the House

Received as information.

Columbia, S.C., May 1, 1997

Mr. President and Senators:

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

Received as information.

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

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

H. 4083 -- Rep. Bowers: A JOINT RESOLUTION TO PROVIDE THAT THE TEACHER IN-SERVICE DAY OF SEPTEMBER 5, 1996, MISSED IN SCHOOL DISTRICT NUMBER 1 OF HAMPTON COUNTY FOR SCHOOL YEAR 1996-97 BECAUSE OF A HURRICANE WARNING IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT DAYS MISSED BECAUSE OF EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(By prior motion of Senator HUTTO)

The following Bill and Joint Resolutions were read the third time and ordered sent to the House of Representatives:

S. 195 -- Senators Holland and Wilson: A BILL TO AMEND SECTION 7-13-1400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTE RECORDERS, SO AS TO DELETE A PROVISION WHICH REQUIRES A POLL MANAGER TO FURNISH FOR EACH VOTE RECORDER A SEAL FOR SEALING THE VOTE RECORDER AFTER THE POLLS ARE CLOSED.

S. 708 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO EXCESS PROFITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2146, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 709 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO LIFE INSURANCE ILLUSTRATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2149, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 710 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO MINIMUM RESERVE STANDARDS FOR INDIVIDUAL AND GROUP ACCIDENT AND HEALTH INSURANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2147, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 634 -- Senators Thomas and Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 20-7-6890, 20-7-6895, 20-7-6900, AND 20-7-6905, SO AS TO ESTABLISH THE YOUTH INDUSTRIES PROGRAM WITHIN THE DEPARTMENT OF JUVENILE JUSTICE AUTHORIZING THE DEPARTMENT TO CONTRACT WITH PRIVATE INDUSTRIES TO PROVIDE SERVICES RELATIVE TO PACKAGING, MANUFACTURING, AND PROCESSING GOODS AND TO ESTABLISH THE MANUFACTURING AND PROCESSING OF GOODS FOR STATE ENTITIES AND TO MAKE IT UNLAWFUL IN THIS STATE TO SELL GOODS MADE BY JUVENILE OFFENDERS AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 20-7-7815, RELATING TO THE PROHIBITION AGAINST COMMITTING TO THE DEPARTMENT OF JUVENILE JUSTICE A PERSON WHO IS SERIOUSLY HANDICAPPED BY MENTAL ILLNESS OR MENTAL RETARDATION, SO AS TO CHANGE THE REFERENCE FROM "PERSON" TO "JUVENILE" AND TO REQUIRE THE CONSENT OF THE JUVENILE PAROLE BOARD WHEN AN AGENCY TO WHICH A JUVENILE HAS BEEN COMMITTED SEEKS TO RELEASE THE CHILD; TO AMEND SECTION 20-7-8305, RELATING TO THE BOARD OF JUVENILE PAROLE, SO AS TO DELETE THE PROVISION THAT A JUVENILE HAS THE RIGHT TO APPEAR PERSONALLY BEFORE THE BOARD EVERY THREE MONTHS AND INSTEAD AUTHORIZE THE BOARD TO CONDUCT PAROLE HEARINGS BY TWO-WAY CLOSED CIRCUIT TELEVISION.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.

The Committee on Corrections and Penology proposed the following amendment (PSD\7288AC.97), which was adopted:

Amend the bill, as and if amended, Section 20-7-6890, beginning on page 2, by deleting subsection (E) and inserting:

/"(E)   All monies collected by the department from the sale or disposition of articles and products manufactured or produced or from services rendered by juveniles in the Youth Industries Program must be deposited into a special account designated 'Youth Industries Account'. The monies collected and deposited into this account must be used solely for the purchasing of manufacturing supplies, equipment, machinery, and buildings for the Youth Industries Program to pay the wages of the juveniles employed in the program and the salaries of the necessary personnel in the program, and to defray the necessary expenses of the program. The director must deduct from wages paid to a juvenile:

(1)   state, federal, and local taxes;

(2)   allocations for support of children pursuant to law, court order, or agreement by the committed juvenile; and

(3)   contributions to any fund established by law to compensate the victims of crime of not more than twenty percent and not less than five percent of gross wages.

These deductions may not exceed eighty percent of gross wages."/

Amend the bill further, Section 20-7-6895, page 3, by deleting subsection (C) and inserting:

/"(C)   The wages of a juvenile authorized to work in the Youth Industries Program, if paid other than by the department, must be paid directly to the Department of Juvenile Justice and credited to the juvenile's account. If the wages are paid by an entity other than the department, these wages must be paid directly to the department, and the department shall credit the wages to the juvenile's account. The director must deduct from wages paid to a juvenile:

(1)   state, federal, and local taxes;

(2)   allocations for support of children pursuant to law, court order, or agreement by the committed juvenile; and

(3)   contributions to any fund established by law to compensate the victims of crime of not more than twenty percent and not less than five percent of gross wages.

These deductions may not exceed eighty percent of gross wages."/

Amend the bill further, SECTION 1, page 4, by inserting immediately after line 24:

/"Section 20-7-6910. There is created a fund within the Department of Juvenile Justice for the compensation of victims of crime. All contributions deducted from a juvenile's wages pursuant to Sections 20-7-6890(E)(3) or 20-7-6895(C)(3) must be deposited into this fund. Of the amount contributed to the fund by each juvenile, ninety-five percent must be paid by the department on behalf of the juvenile as restitution to the victim or victims of the juvenile's adjudicated crime as ordered by the family court or the Juvenile Parole Board, and five percent must be submitted to the South Carolina Victim's Compensation Fund. If the amount of restitution ordered has been paid in full or if there is no victim of the juvenile's adjudicated crime, the juvenile's contributions must be submitted to the South Carolina Victim's Compensation Fund."/

Renumber sections to conform.

Amend title to conform.

Senator BRYAN moved that the committee amendment be adopted.

There was no objection.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

S. 531 -- Senators Martin, Wilson, J. Verne Smith, Short, Moore, Washington, Ryberg and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-515 SO AS TO PROVIDE PROCEDURES FOR THE DEPARTMENT OF SOCIAL SERVICES ISSUING A NOTICE OF FINANCIAL RESPONSIBILITY TO PERSONS OWING CHILD SUPPORT; TO AMEND SECTION 12-6-3470, AS AMENDED, RELATING TO THE EMPLOYER TAX CREDIT FOR EMPLOYING PERSONS WHO RECEIVED AID TO FAMILIES WITH DEPENDENT CHILDREN (AFDC), SO AS TO CHANGE AFDC TO FAMILY INDEPENDENCE, TO REVISE HEALTH INSURANCE REQUIREMENTS TO OBTAIN THE TAX CREDIT AND TO REVISE PROCEDURES FOR EMPLOYERS OBTAINING INFORMATION ON THE AVAILABILITY OF POTENTIAL EMPLOYEES; TO AMEND SECTION 20-7-941, RELATING TO LICENSE REVOCATION FOR NONPAYMENT OF CHILD SUPPORT, SO AS TO REVISE THE DEFINITION OF "LICENSE" WITH REGARD TO HUNTING, FISHING, OR TRAPPING; TO AMEND SECTION 20-7-944, AS AMENDED, RELATING TO LICENSING ENTITIES WHICH MUST PROVIDE INFORMATION TO THE DEPARTMENT OF SOCIAL SERVICES FOR CHILD SUPPORT ENFORCEMENT, SO AS TO REVISE THE FORM IN WHICH THIS INFORMATION MUST BE PROVIDED; TO AMEND SECTION 20-7-9520, AS AMENDED, RELATING TO SERVING A NOTICE OF FINANCIAL RESPONSIBILITY ON PERSONS OWING CHILD SUPPORT DEBTS, SO AS TO PROVIDE NOTICE FOR A RESCHEDULED OR SUBSEQUENT HEARING; TO AMEND SECTION 20-7-9530, AS AMENDED, RELATING TO PROCEDURES FOR FAILING TO APPEAR FOR A NEGOTIATION CONFERENCE CONCERNING A CHILD SUPPORT OBLIGATION, SO AS TO REQUIRE THE CONFERENCE TO BE RESCHEDULED IF THE PERSON DID NOT RECEIVE PROPER NOTICE; TO AMEND ARTICLE 1, CHAPTER 5, TITLE 43, RELATING TO PUBLIC AID AND ASSISTANCE, SO AS TO, AMONG OTHER THINGS, CONFORM PROVISIONS TO THE FAMILY INDEPENDENCE ACT OF 1995, TO REVISE PROVISIONS TO ASSIST IMPLEMENTING THAT ACT AND TO DELETE OBSOLETE PROVISIONS; TO AMEND SECTION 43-5-580, AS AMENDED, RELATING TO ENFORCEMENT OF SUPPORT OBLIGATIONS OF ABSENT PARENTS, SO AS TO REVISE THE DEFINITION OF AN APPLICANT FOR FAMILY INDEPENDENCE BENEFITS; TO AMEND SECTION 43-5-1110, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA FAMILY INDEPENDENCE ACT OF 1995, SO AS TO CHANGE THE TERM "AFDC" TO "FAMILY INDEPENDENCE"; TO AMEND SECTION 43-5-1120, RELATING TO EMPLOYMENT AND TRAINING PROGRAMS FOR FAMILY INDEPENDENCE APPLICANTS, SO AS TO PROVIDE THAT REFERRING CERTAIN APPLICANTS TO A JOB CLUB IS OPTIONAL RATHER THAN MANDATORY; TO AMEND SECTION 43-5-1135, RELATING TO STATE AGENCY GOALS TO EMPLOY WELFARE RECIPIENTS, SO AS TO CONFORM TERMS AND TO ESTABLISH ADDITIONAL GOALS; TO AMEND SECTION 43-5-1150, RELATING TO THE JOB TRAINING AND PARTNERSHIP ACT (JTPA) INCENTIVE FUNDS, SO AS TO ESTABLISH A GOAL OF FORTY PERCENT OF FAMILY INDEPENDENCE RECIPIENTS PARTICIPATING IN JTPA PROGRAMS; TO AMEND SECTION 43-5-1185, RELATING TO FAMILY SKILLS TRAINING PROGRAMS, SO AS TO MAKE PARTICIPATION IN THIS PROGRAM BASED ON NEED RATHER THAN REQUIRED AS A CONDITION OF ELIGIBILITY; TO AMEND SECTION 43-5-1190, RELATING TO AFDC ELIGIBILITY REQUIREMENTS, SO AS TO CONFORM TERM TO "FAMILY INDEPENDENCE" ELIGIBILITY; TO AMEND SECTION 43-5-1200, RELATING TO VEHICLE AND OTHER ASSET LIMITS FOR AFDC ELIGIBILITY, SO AS TO CONFORM TERMS AND EXEMPT ONE VEHICLE FROM THE ASSET LIMIT; TO REPEAL SECTION 43-1-130, RELATING TO THE FEDERAL WORK INCENTIVE PROGRAM; AND TO REPEAL SECTIONS 43-5-510, 43-5-520, 43-5-530, 43-5-540, 43-5-550, 43-5-560, 43-5-570, AND 43-5-640, ALL RELATING TO THE SOUTH CAROLINA EMPLOYABLES PROGRAM ACT.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.

The General Committee proposed the following amendment (PT\1231AC.97), which was adopted:

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

/SECTION   1.   The 1976 Code is amended by adding:

"Section 20-7-9515.   The director shall issue a notice of financial responsibility to an obligor who owes a child support debt or who is responsible for the support of a child on whose behalf the custodian of that child is receiving support enforcement services from the division pursuant to Title IV-D of the Social Security Act. The notice shall state that:

(1)   the obligor is required to appear at the time and location indicated in the notice for a negotiation conference to determine the obligor's duty of support;

(2)   the division may issue an order of default setting forth the amount of the obligor's duty of support, if the obligor:

(a)   fails to appear for the negotiation conference as scheduled in the notice; and

(b)   fails to reschedule a negotiation conference before the date and time stated in the notice or within thirty days of service of the notice of financial responsibility, whichever is later; or

(c)   fails to send the division a written request for a court hearing before the time scheduled for the negotiation conference or within thirty days of service of the notice of financial responsibility, whichever is later."

SECTION   2.   Section 12-6-3470 of the 1976 Code, as last amended by Act 462 of 1996, is further amended to read:

"Section 12-6-3470.   (A)   A taxpayer An employer who employs a person who received Aid to Families with Dependent Children Family Independence payments within this State for three months before becoming immediately preceding the month the person becomes employed is eligible for an income tax credit of:

(1)   twenty percent of the wages paid to the employee for each full month of employment for the first twelve months of employment;

(2)   fifteen percent of the wages paid to the employee for each full month of employment during the second twelve months of employment;

(3)   ten percent of the wages paid to the employee for each full month during the third twelve months of employment.

The maximum aggregate credit that may be claimed in a tax year for a single employee under this subsection and Section 12-6-3360 is five thousand five hundred dollars.

(B)   In addition to the credits provided for in subsection (A) and Section 12-6-3360, a taxpayer an employer who employs a person who received AFDC Family Independence payments within this State for three months before becoming immediately preceding the month the person becomes employed and employs that person to work full time in a least developed county, as defined in Section 12-6-3360, is allowed a credit in an amount equal to one hundred seventy-five dollars for each full month during the first thirty-six months of employment.

(C)   The income tax credit provided by subsection (A) is not allowed unless the taxpayer employer also makes available full individual or participating family health care coverage paid for in part or in whole by the employer for the benefit of each qualified employee for which the credit is earned on the same basis that it is provided for other comparable employees. This credit is allowed from the date of hire for each full month of employment notwithstanding an employer imposed waiting period which must not exceed twelve months.

(D)   The Department of Social Services and the South Carolina Employment Security Commission must make information available to employers interested in hiring AFDC Family Independence recipients and must provide documentation to employers verifying a person's status as an AFDC recipient. An employer shall request documentation as to AFDC eligibility from the South Carolina Employment Security Commission in writing within five days of employment. The commission has sixty days in which to either issue or deny this documentation. An employer shall submit an employee release and shall request in writing certification of Family Independence eligibility from the Department of Social Services by the fifteenth day of the first month after the end of the taxable year in which the employer hires the Family Independence recipient. The department has thirty days from the date the employer submits the employee release and request in which to approve or deny in writing certification of Family Independence eligibility.

(E)   No income tax credit provided for in subsection (A) may be taken under this section if the position filled by the former AFDC recipient was made available due to the termination or forced resignation of an employee for the purpose of obtaining the tax credit. Nothing in this section creates a private cause of action which does not otherwise exist at law.

(F)   A credit claimed under this section but not used in a taxable year may be carried forward fifteen years from the taxable year in which the credit is earned.

(G)   For purposes of this section, 'Family Independence payments' means financial assistance provided under Title IV, Part A of the Social Security Act."

SECTION   3.   Section 20-7-941(4) of the 1976 Code, as added by Act 102 of 1995, is amended to read:

"(4)   'License' means:

(a)   a certificate, license, credential, permit, registration, or any other authorization issued by a licensing entity that allows an individual or is required of an individual to engage in a business, occupation, or profession and includes, but is not limited to, a medical license, teaching certificate, commission and certificate of training from the South Carolina Criminal Justice Academy for a sworn law enforcement officer, and a hunting, fishing, or trapping license for commercial use and the privilege to hunt, fish, or trap or hold a hunting, fishing, or trapping license for commercial use;

(b)   a driver's license and includes, but is not limited to, a beginner's or instruction permit, a restricted driver's license, a motorcycle driver's license, or a commercial driver's license;

(c)   a hunting, fishing, or trapping license for recreational purposes and the privilege to hunt, fish, or trap or hold a hunting, fishing, or trapping license for recreational purposes;

(d)   a watercraft registration."

SECTION   4.   Section 20-7-944 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 20-7-944.   In the manner and form prescribed by the division, All all licensing entities monthly shall provide the division information on licensees for use in the establishment, enforcement, and collection of child support obligations including, but not limited to:

(1)   name;

(2)   address of record;

(3)   social security number;

(4)   employer's name and address;

(5)   type of license;

(6)   effective date of license or renewal;

(7)   expiration date of license;

(8)   active or inactive license status.

If the information is in the licensing entity's records, the information must be submitted in the form maintained by the licensing entity, unless otherwise agreed upon by the licensing entity."

SECTION   5.   Section 20-7-9520 of the 1976 Code, as last amended by Act 452 of 1996, is further amended to read:

"Section 20-7-9520.   (A)   The division shall serve a notice of financial responsibility on the obligor not less than thirty days before the date stated in the notice for the negotiation conference:

(1)   in the manner prescribed for service of process in a civil action; or

(2)   by an employee appointed by the division to serve process; or

(3)   by certified mail, return receipt requested, signed by the obligor only. The receipt is prima facie evidence of service.

(B)   Notice of a rescheduled negotiation conference must be served on the obligor not less than ten days before the date stated in the notice of continuance of negotiation conference."

SECTION   6.   Section 20-7-9530 of the 1976 Code, as last amended by Act 452 of 1996, is further amended to read:

"Section 20-7-9530.   (A)   If an obligor fails to appear for a negotiation conference scheduled in the notice of financial responsibility or fails to reschedule the negotiation conference before the date and time stated in the notice of financial responsibility or if the obligor fails to serve the division with a written request for a court hearing before the time scheduled for the negotiation conference or within thirty days of the date of service of the notice of financial responsibility, whichever is later, the division shall issue an order of default in accordance with the notice of financial responsibility. The order of default must be approved by the court and shall include:

(1)   the amount of the monthly support obligation and instructions on the manner in which it must be paid;

(2)   the amount of the arrearage due and owing and instructions on the manner in which it must be paid;

(3)   the name of the custodian of the child and the name and birth date of the child for whom support is being sought;

(4)   other information as set forth in regulations promulgated pursuant to the Administrative Procedures Act.

(B)   A copy of an order of default issued pursuant to Subsection (A), proof of service, and an affidavit of default must be filed with the family court in the same manner and has the same force and effect as provided for in Section 20-7-9525(B).

(C)   The determination of the monthly support obligation must be based on the child support guidelines as set forth in Sections 20-7-852 and 43-5-580.

(D)   If an affidavit of service shows that the obligor has been afforded less than the required thirty days notice of the negotiation conference, the negotiation conference must be rescheduled. The obligor must be given at least ten days notice of the rescheduled conference, pursuant to Section 20-7-9520. If the obligor fails to appear for the rescheduled negotiation conference and fails to request a court hearing before the date of the rescheduled negotiation conference, the division shall issue an order of default in accordance with subsection (A)."

SECTION   7.   Article 1, Chapter 5, Title 43 of the 1976 Code is amended to read:

Section 43-5-10.   The Department of Social Services shall be responsible for maintaining uniformity in the administration of public welfare throughout the State. The director shall be the only person authorized to determine and implement the policies of the department. The department shall issue regulations pursuant to Sections 1-23-10, et seq., whenever changes in federal laws and regulations supersede existing state statutes. In adopting regulations the department shall strive for clarity of language which may be readily understood by those administering aid and by those who apply for or receive aid.

Section 43-5-15.   Applications for assistance under the provisions of this chapter shall be made as provided in this chapter and when no such provision has been made in accordance with the manner and form prescribed by the department.

Section 43-5-20.   (a)   It is the intent of the General Assembly that all payments of aid to families with dependent children shall be utilized and managed in such manner as to support the needy child and his eligible caretaker. Such payments shall include current payments as well as any portion of past payments returned to a current or former recipient.

(b)   Whenever the department has reason to believe that any payment of aid to dependent children is not being or may not be used in the best interests of the child, the department shall provide counseling to the recipient and shall provide that continued failure to so use such payments for three months after counseling has begun will may result in substitution therefor of the appointment of a protective payments as provided for payee in accordance with Section 43-5-65, the appointment of a guardian or legal representative as provided in the Federal Social Security Act or referral to law enforcement officials for appropriate action.

Section 43-5-24.   When an individual applies for assistance through the Aid to Families with Dependent Children Program, the Department of Social Services must provide the applicant with information on methods of contraception and family planning, excluding abortion counseling. The Department of Health and Environmental Control shall provide a brochure or some similar information packet on contraceptive methods and family planning to the Department of Social Services which the Department of Social Services can easily reproduce and distribute. Abortion must not be included in the brochure or information packet provided by the Department of Health and Environmental Control. If the applicant expresses an interest in scheduling an appointment with a local health department to obtain further information and counseling on contraceptive methods and family planning, the Department of Social Services shall assist the applicant in scheduling the appointment.

Section 43-5-25.   Any person, other than a needy child, who wilfully and knowingly receives or uses any part of a payment of aid to dependent children for a purpose other than in the best interest of the needy children and any eligible caretaker is deemed guilty of a misdemeanor and, upon conviction, shall be fined not more than five hundred dollars or be imprisoned for not more than one year or both.

If such misuse occurs, a protective payee will be appointed in accordance with Section 43-5-65 to manage assistance funds intended for the otherwise eligible child.

Section 43-5-30.   (a)   If an overpayment or underpayment is made under Title IV, Part A, of the Social Security Act (Aid to Families with Dependent Children Program [AFDC]), the Family Independence Program, the department shall make every effort to correct such action in accordance with this chapter payment. If the agency decides to terminate benefits to a client and payments are made pending an appeal of the agency's decision, these payments must be considered overpayment if the agency's decision is upheld.

(b)   Overpayment means a financial assistance payment received which exceeds the amount for which the client was eligible. Underpayment means a financial assistance payment received which is less than the amount for which the client unit was eligible.

(c)   The agency can recover an overpayment by:

(1)   receiving a payment from the client, or former client; or

(2)   by reducing the amount of any future aid payable to the client. The adjustment in future aid shall not reduce the family's monthly income to less than ninety percent of the amount payable to a family of the same composition with no other income. If no payment is made for a month solely by reason of the recovery of an overpayment, that individual is still considered a recipient of assistance for that month for purposes of enrollment date.

(d)   If an individual has received an overpayment and does not repay the agency and is no longer receiving aid so that future payments cannot be reduced, the agency shall make recovery by taking appropriate action under the laws of the State against the income or resources of the individual or family.

(e)   Correction of underpayments of assistance must be made to current recipients and those who would be current recipients if the error causing the underpayment had not occurred. For the purposes of determining continued eligibility and amount of assistance, the retroactive corrective payments are not considered income or a resource in the month paid nor in the next following month.

Section 43-5-35.   Of the net amount collected by the State or any of its political subdivisions from a recipient of assistance as provided in Section 43-5-140, such portion of such net amount collected as was contributed from Federal funds shall be promptly paid to the United States Government.

Section 43-5-40.   It is unlawful for a person to solicit, disclose, receive, make use of, authorize, knowingly permit, participate in, or acquiesce in the use of a list, name of, or any information concerning persons applying for or receiving public aid or assistance, directly or indirectly derived from the records, papers, files, or communications of the State or county departments of social services or acquired in the course of the performance of official duties, except for purposes directly connected with the administration of Chapters 1, 3, 5, 7, 9, 19, and 23 or of old age assistance, aid to the blind, aid to dependent children, or general relief and in accordance with the regulations of the department.

A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.

Section 43-5-45.   The department shall provide timely and adequate notice in all cases of intended action to discontinue, terminate, suspend, or reduce an assistance grant except in those cases where adequate notice alone would be consistent with the requirements of Federal state law or regulation.

'Timely notice' means notice which is mailed at least ten days before the intended change would be effective.

'Adequate notice' means notice which is mailed not later than the date of action.

Both timely and adequate notice shall include a statement of what action the agency intends to take, the reasons for the intended action, the specific regulations or statutes supporting such action, an explanation of the individual's right to request an administrative hearing on the propriety of the intended action and the circumstances under which assistance is continued if a hearing is requested.

Section 43-5-50.   In the event that a recipient of aid to families with dependent children does not receive an assistance check, or if such check is lost, stolen, or destroyed after receipt but before it is cashed, the county office may authorize a one-time grant in the amount of the original check provided the recipient files an affidavit, under penalty of perjury, stating the facts of the loss, theft, destruction, or nonreceipt of the check and setting forth all material facts relative to its loss, theft, destruction, or nonreceipt. The affidavit shall further witness the recipient's understanding of his obligation, should the lost, stolen, destroyed, or nonreceived check come into his possession, to return such check immediately to the county office and that cashing or attempting to cash such check constitutes fraud.

Section 43-5-55.   Two copies of all reports required by the National Center for Social Statistics of the Department of Health, Education and Welfare shall be furnished to each house of the General Assembly when they are submitted to the Federal Government.

Section 43-5-60.   All assistance granted under Chapters 1, 3, 5, 7, 9, 19, and 23 shall be deemed to be granted and to be held subject to the provisions of any amending or repealing act that may be passed and no recipient shall have any claim for compensation, or otherwise, by reason of his assistance being affected in any way by an amending or repealing act, nor shall he have any claim against the State for any failure upon the part of the General Assembly in any year to appropriate sufficient funds to pay grants previously made.

Section 43-5-65.   (a)   As a condition of eligibility, a needy family applying for Aid to Families with Dependent Children Family Independence benefits shall complete a certificate an application of eligibility containing a written declaration of such information as may be required to establish eligibility and amount of aid. The certificate application shall include blanks, wherein must be stated the names, birth dates, and Social Security numbers of all children receiving aid, adults, or minor parents applying for or receiving aid, their birthdates and Social Security numbers; their present place of residence,; the names and Social Security number of the adult or emancipated minor applicant, any their income received through from employment, from the absent parent, governmental social insurance or aid programs, gifts, sale of real or personal property, interest, dividends, or from any other source; and any interest in property, real or personal. As a condition of eligibility for Aid to Families with Dependent Children, the applicant must provide, at a minimum, the following on an absent parent or putative father, or both:

(1) the first and last name and any known licenses as defined in Section 20-7-941(4) which may be subject to revocation; and

(2) at least two of the following items on each named:

(i) date of birth;

(ii) social security number;

(iii) last known home address;

(iv) last known employer's name and address;

(v) either of the absent parent's parent's name and address.

Failure to provide this information shall result in a finding of ineligibility of benefits for Aid to Families with Dependent Children unless the applicant or recipient asserts, and the department verifies, there is good cause for not providing this information. Good cause includes documentation of incest, rape, or the existence or the threat of physical abuse to the child or custodial parent Family Independence benefits. The department shall provide assistance as needed to complete the certificate application and shall insure ensure that all applicants or recipients have or promptly apply for and obtain a Social Security number. No assistance may be granted to Aid to Families for Dependent Children Family Independence applicants or recipients until a valid Social Security number has been provided to the department for each member of the family for whom aid is sought or when numbers are not available until there is proof that application for the Social Security number has been made. The department shall assist the applicant or recipient in obtaining a Social Security number through procedures adopted in cooperation with the Social Security Administration or the applicant or recipient may apply for a Social Security number at the Social Security Administration office. For purposes of Aid to Families for Dependent Children state-funded or Title IV-E Foster Care, the application for the Social Security number must be made by the state or local department. The certificate of application for eligibility also shall provide that, as a condition of eligibility for aid, each applicant or recipient shall:

(1)   Assign to the State any rights to support from any other person the applicant may have in his own behalf or in behalf of any other family member for whom the applicant is applying for or receiving aid and which have accrued at the time the assignment is executed or which may accrue in the future; however, by accepting public assistance for or on behalf of a child or children, or by making application for services under Title IV-D or through placement of a child or children in state-funded foster care or under Title IV-E, except where good cause as determined by the agency department exists, the recipient or applicant is considered to have made an assignment to the State Department of Social Services of any rights, title, and interest to any support obligation which is owed for the child or children or for the absent parent's spouse or former spouse who is the recipient or the applicant with whom the child is living, if and to the extent that a spousal support obligation has been established and the child support obligation is being enforced pursuant to Title IV-D of the federal Social Security Act. The assignment to the department is considered to have been made up to the amount of public assistance money or foster care board payments paid for or on behalf of the child or children for that period of time as the public assistance monies or foster care board payments are paid. The assignment consists of all rights and interest in any support obligation that the recipient may be owed past, present, or future by any person up to the amount of public assistance money paid to the recipient for or on behalf of the minor child or children or a child in foster care. The department is subrogated to the rights of the child or children or the person having custody of the child or children to collect and receive all support payments. The department has the right to initiate a support action in its own name or in the name of the recipient to recover payments ordered by the courts of this or any other state or to obtain a court order to initiate these payments including an action to determine the paternity of a child.

(2)   Cooperate with the State in establishing the paternity of a child born out of wedlock with respect to whom aid is claimed and in obtaining support payments for the applicant and for a child with respect to whom the aid is claimed or in obtaining any other payments or property due the applicant of the child and that, if the relative with whom a child is living is found to be ineligible because of failure to comply with the requirements of items (1) and (2), aid for which the child is eligible must be provided in the form of protective payments. The department shall establish criteria in accordance with federal regulations to determine whether action to establish paternity and secure support is not in the best interest of a child.

(b)   The term 'protective payments' shall mean payments with respect to any dependent child which are made to another individual who, as determined in accordance with standards prescribed by the department, is interested in or concerned with the welfare of such child or relative, or are made on behalf of such child or relative directly to a person furnishing food, living accommodations, or other goods, services, or items to or for such child.

(c)   Prior to determinations of eligibility, the department shall conduct a personal interview with the adult members of the family or with the caretaker relatives of the needy children.

(d)   Except as otherwise provided by federal law, The department shall redetermine all elements of eligibility periodically but not less frequently than every six twelve months. The department shall may require the family to complete a new certificate of eligibility form application at the time of each redetermination.

(e)   If the certificate application is mailed to the family, it must be accompanied by an addressed envelope for its return. In no event may the acts of mailing to the recipient or the recipient's return of a completed certificate application to the department be substituted in lieu of a personal interview. In the event the certificate is not completed and returned within ten days after it is mailed or personally delivered to the family, contact must be made with the family and the certificate shall then be completed with the assistance of the department if necessary. If there is a refusal to cooperate in completing the certificate, aid is denied or terminated consistent with appropriate notice requirements. In all cases where assistance is withheld or terminated for the above reason, the department shall investigate the welfare of any dependent child affected and, if necessary, the department shall take action on behalf of the child.

(f)   Each adult member of the family shall provide, under penalty of perjury the information necessary to complete the certificate application. The certificates applications used by the department shall contain at the end in large type a statement in a form approved by the Attorney General that the applicant or recipient understands that he has an obligation to report immediately to the department any changes in income or resources, composition of household, address, of address, household composition, employment, loss of employment, or any other factor which may affect eligibility and that the declarations in the certificate application are correct and complete to the best of the applicant's or recipient's knowledge or belief and are made under penalty of perjury. The statement shall clearly specify that failure to report changes in circumstances that may affect eligibility and grant amount within ten calendar days of the day on which the change becomes known to the recipient constitutes withholding of information and permits the department to recover any overpayment occasioned or caused by the withholding in accordance with Section 43-5-30. This application must be signed by the applicant or recipient of assistance or any person completing the application for an applicant or recipient unable to do so himself.

The person completing the application for an applicant or recipient unable to do so himself must sign a statement attesting to the fact that this section has been explained to the applicant and to the belief that the applicant understands.

Section 43-5-70.   The department shall require that all persons applying for assistance shall provide acceptable identification and proof of residence and the department shall by regulation specify what constitutes adequate identification and proof of residence. The department shall require that all reports of employment or income be verified by letter or direct contact with the employer of the applicant or recipient and if the verification is made by letter, a stamped self-addressed envelope shall be enclosed and request for prompt return shall be made. The department shall verify all other information related to the eligibility in any case in which there is reason to believe that the applicant has falsified, misrepresented, or omitted any material facts such as age and number of children, real and personal property, including bank accounts and insurance policies or any other resources. No person shall be eligible for aid to families with dependent children unless he is a resident of the State.

If a recipient is or will be absent from the State for a period of thirty days or longer, the Agency shall ascertain the intent of the recipient regarding residence department shall consider the recipient ineligible for assistance.

It is not the intent of the General Assembly in enacting this section to create any durational residence requirement.

Section 43-5-75.   The director or his authorized agent may, after signed authorization from the applicant or recipient, request and receive from any bank or other financial institution doing business in South Carolina information with respect to the transaction with any such institution of any applicant for or recipient of any form of aid or relief under this article and it shall be the duty of the officers and employees of such institution to furnish the information within ten working days to the department pursuant to the written request of the director.

Section 43-5-85.   The department shall, within thirty days from the end of each quarter transmit to the Employment Security Commission the Social Security numbers of all persons sixteen years of age or older who are not in school who received aid to families with dependent children during the second prior quarter. The Employment Security Commission shall determine the amount of wages reported by employers or the amount of unemployment compensation insurance benefits which have been paid during the second and third prior quarters to persons with those Social Security numbers and the commission shall return such information, including zero wages reports, to the department. The department shall transmit such wage reports to its county offices for comparison with earnings reported by recipients. County offices shall take prompt action to resolve discrepancies and shall refer promptly cases of suspect fraud for investigation.

Section 43-5-90.   Aid shall be granted under the provisions of this Section and, subject to the regulations of the department, to needy families with dependent children under the age of eighteen, except as provided in Section 43-5-95, in need thereof because they have been deprived of parental support or care due to:

(1)   The death, physical or mental incapacity or incarceration of a parent; or

(2)   the divorce, separation or desertion of a parent and resultant continued absence of a parent from the home for these and other reasons.

Section 43-5-95.   Aid may be granted under the provisions of this section to or in behalf of an eligible child over the age of eighteen but not yet nineteen, if he is a full-time student in a secondary school, or in the equivalent level of vocational or technical training, and reasonably expected to complete the program before reaching age nineteen.

Section 43-5-100.   For the purpose of determining eligibility for aid to dependent children on the basis of incapacity of a parent, pursuant to Section 43-5-90, physical or mental incapacity shall be deemed to exist when:

(1)   The incapacity is of such a debilitating nature as to reduce substantially the parent's ability to support or care for the otherwise eligible child;

(2)   he incapacity is verified by a medical doctor or psychiatrist, except that eligibility for supplemental security income benefits under Title XVI of the Federal Social Security Act on the basis of disability or eligibility to receive Federal OASDI benefits shall be considered sufficient evidence of incapacity for purposes of this Section

(3)   The incapacity is expected to continue for a period of at least thirty days.

The determination of incapacity in accordance with provisions set forth herein is a responsibility of the county office under the supervision of the department. Certification shall only be for that period during which the incapacity is expected to continue.

Section 43-5-105.   In any case in which application for aid to families with dependent children is based upon deprivation of parental support or care due to the continued absence of a parent from the home, such deprivation shall be deemed to exist when the nature of the absence for any reason interrupts or terminates the parent's functioning as a provider of maintenance, physical care or guidance for the child and the known or indefinite duration of the absence precludes continuing the parent's performance of his function in planning for the support or care of the child. Absence, in and of itself, shall not be deemed to constitute deprivation.

It shall be the duty of the department to verify the continued absence of the parent from the home. Such absence shall be verified from information regarding the absent parent supplied by the applicant on his certificate of eligibility or by requiring the applicant to provide, where known, the name, Social Security number, description, employer and present or last known address of the absent parent.

Section 43-5-110.   (a)   In any case in which eligibility for aid to dependent children is based upon deprivation due to the absence of a parent from the home, the applicant or recipient shall at the time of application and at the time of redetermination of eligibility certify to the best of his knowledge and belief whether the applicant's or recipient's spouse, or any other person legally responsible for the children is claiming to furnish support to the eligible dependent children for purposes of federal or state income tax.

(b)   If the applicant or recipient fails or refuses to provide the information required under Subsection (a), such action shall be deemed a failure or refusal to cooperate in obtaining support and such person shall be denied eligibility without regard to other eligibility factors. If the relative with whom a child is living is found to be ineligible for assistance because of failure to comply with the requirements of Subsection (a), any aid for which such child is eligible will be provided in the form of protective payments as defined in Section 43-5-65 (b).

The department shall initiate an investigation in any case where there is reason to suspect the occurrence of fraud.

(c)   The department shall cooperate and exchange information with state and federal income tax authorities in all appropriate cases.

Section 43-5-115.   In the case of an employed applicant or recipient who resides with his children who receive aid to families with dependent children, such recipient or applicant shall be informed of his right to claim the maximum number of exemptions for federal income tax purposes to which he is entitled under federal law. Thirty days after such notification is given, such recipient or applicant shall be considered to be claiming the maximum number of exemptions and any earned income shall be computed accordingly. The department shall maintain tables that indicate the amount of withholding for various numbers of dependents and various income levels. The department shall determine the maximum number of exemptions to which the applicant or recipient is entitled and shall base withholding on this maximum number of exemptions. This determination shall be made at the time of application and at the time of the periodic redetermination of eligibility and when changes in a recipient's circumstances require that the amount of withholding be redetermined.

Section 43-5-120.   (a)   The Department of Revenue and Taxation shall provide the director or his designees an abstract of the income tax return requested, or provide information concerning any item of income or expense, including support claimed to have been provided to dependent children or step-children, contained in the income tax return or disclosed by any investigation of the income or return of the applicant or recipient.

(b)   The information obtained pursuant to this section shall be used or disclosed only for the purpose of enabling the department to verify or determine the eligibility of an applicant or recipient or to enable the Department of Revenue and Taxation to determine whether tax fraud has been committed.

(c)   The applicant or recipient whose income tax records have been requested from the Department of Revenue and Taxation shall be notified by mail that such request has been made at the time of the request.

(d)   Any violation or suspected violation of state or federal law determined under this section shall be referred to the appropriate state or federal law enforcement authorities.

(e)   The director or his designees shall be subject to the provisions of Section 12-7-1680 of the 1976 Code regarding the confidentiality of state income tax records.

Section 43-5-125.   The term 'living with' means that the caretaker relative and the child maintain a common place of residence. The requirement shall be considered met if a home and family setting is maintained or is being established and the caretaker relative exercises responsibility for the care and control of the child even though the child or caretaker is temporarily absent from time to time. A child is considered to be 'living with' the caretaker relative even though he is under the jurisdiction of the court or is in the legal custody of an agency that does not have physical possession of the child.

Temporary absences by either the caretaker relative or the child from the home for purposes such as vacationing, visiting, hospitalization, convalescing, and school attendance shall not constitute a break in the 'living with' requirement. The temporary absence may not exceed thirty days; however, the department may extend the absence, in extenuating circumstances, for up to an additional sixty days if it is determined that a longer absence would serve the best interests of the family.

Section 43-5-130.   (a)   Except as otherwise required by federal law, The department shall, in determining need, take into consideration any income or resources of any child or relative claiming aid to families with dependent children, whose needs the department determines would be considered in determining the need of a child or relative claiming such aid, as well as any expense reasonably attributed to the earning of any such income.

(b)   Income, as used in subsection (a), includes any benefit in cash which is in fact currently available to the individual or is received by him as a result of current or past labor or service, or business activities.

(c)   To be considered in determining eligibility for, and amount of grant, income must, in fact, be currently available to the applicant or recipient. However, the applicant or recipient shall, as a necessary condition of determining eligibility:

(1)   provide all information necessary to income determination.;

(2)   take all actions necessary to obtain unconditionally available income. Income shall be considered unconditionally available if the applicant or recipient has only to claim or accept such income, including any type of governmental benefits, social insurance, and private pension or benefits plan.

(d)   The department shall require evidence which establishes the gross and net amount of income received and the time and frequency of receipt. Documents and records in the possession of the applicant or recipient together with a written statement made under penalty of perjury that such information is correct and complete to the best of the applicant or recipient's knowledge or belief constitute adequate sources of evidence in absence of conflicts. Such documents or records shall be returned promptly to the applicant or recipient after necessary copies have been made and placed in the case records.

Section 43-5-140.   (a)   It shall be the duty of the department to insure ensure that ever applicant for or recipient of aid to families with dependent children be informed not less frequently than semiannually annually as to the provisions of eligibility and his responsibility for reporting all facts material to a correct determination of eligibility and amount of grant. After such information has been provided, the department shall require the recipient and caseworker to execute a formal acknowledgment, on a form prescribed for such purpose, describing what steps were taken to explain the eligibility and reporting requirements to the recipient and that such explanation was understood by the recipient.

(b)   Each applicant for or recipient or payee of such aid to families with dependent children shall be responsible to report accurately and completely, with his competence, those facts required of him, pursuant to the explanation provided by the department.

(c)   The failure of an applicant or recipient to report facts which may affect eligibility and grant determination within ten days of the date upon which the applicant or recipient became aware of such facts shall constitute a willful wilful withholding of such information and permit the department to recover any overpayment occasioned or caused by the willful wilful withholding. Such facts may include, but are not limited to, composition of household, address or any other factor which may affect eligibility, or failure or refusal to obtain unconditionally available income. If appropriate, recoupment proceedings may be initiated,.

(d)   When the department receives information that would result in a change in grant amount or eligibility, the department shall take action to adjust the grant or redetermine eligibility, consistent with notice requirements, within ten days of receipt of such information.

Section 43-5-145.   Investigation of each application shall be made by the county departments as provided in Chapters 1, 3, 5, 7, 9, 19, and 23 or as required by the state department.

Section 43-5-148.   Provided the eligible applicant is alive on the date the application is approved, assistance begins on the earlier of the two following dates:

(a)   the date the award is authorized if that date is in the same month as the month of application; or

(b)   the first day of the month in which the thirtieth day from the date of receipt of a completed and signed application falls. Family Independence benefits shall begin on the date of application if the benefit group met all the eligibility conditions on that date. Payments for partial months must be prorated by the ratio of the days in the month to the date of application.

Section 43-5-150.   In the event an application is denied or the amount or terms of a grant or of any withdrawal or modification thereof be deemed inadequate or unjust by the applicant or recipient, the applicant or recipient or anyone acting in his behalf may demand a review of his case before the department by filing his written request for such review with the county department not more than sixty days after notice of its action shall have been received. The county department shall, within ten days, certify its records and data on the case and such additional information as it deems relevant to the department. The department shall promptly grant to the applicant or recipient an opportunity for a fair hearing upon the questions raised by the applicant or recipient. At this hearing any party in interest may appear and present any relevant facts. The department shall produce such further evidence as it may deem necessary and shall certify its findings and decision on the case back to the county department concerned. Appeals from the decision of the department may be made to an administrative hearing examiner pursuant to the Administrative Procedures Act.

Section 43-5-155.   If an application is not acted upon by the county department within the time limitations specified in Section 43-5-148 the applicant may appeal to the state department in the manner and form prescribed in Section 43-5-150.

Section 43-5-160.   The state department may also, upon its own motion or at the request of the applicant, review any decision of a county department and may consider any application upon which a decision has not been made by the county department within a reasonable time.

Section 43-5-165.   Upon any appeal under Section 43-5-150 or any review under Section 43-5-160, the state department may make such additional investigation as it may deem necessary and shall make such decision as to the granting of assistance and the amount of assistance to be granted the applicant as in its opinion is justified and in conformity with the provisions of Chapters 1, 3, 5, 7, 9, 19, and 23. As to any action taken by the state department under this section, the state department shall grant the applicant or recipient an opportunity for a fair hearing as provided under Section 43-5-150.

Section 43-5-170.   The department may issue subpoenas for witnesses and compel their attendance and the production of papers and writings and the director and employees designated by him may administer oaths and examine witnesses under oath.

Section 43-5-175.   All decisions of the state department shall be binding upon the county department involved and shall be complied with by such county department.

Section 43-5-180.   No person shall make any charge or receive any fee for representing the applicant or recipient of assistance in connection with the granting of any assistance provided for in Chapters 1, 3, 5, 7, 9, 19, and 23, except as to criminal proceedings and except upon appeal to the department, and then only in a reasonable amount and subject to the regulations of the department.

Section 43-5-185.   Any public officer not charged with the administration of Chapters 1, 3, 5, 7, 9, 19, and 23 who attempts to influence a decision of the county department or state department respecting the application of any person for assistance or respecting the assistance to be paid or being paid shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding five hundred dollars or imprisonment not exceeding six months, or both, in the discretion of the court. The giving of information within the personal knowledge of such officer, in writing, shall not constitute an offense under this section.

Section 43-5-190.   All amounts paid or payable as assistance shall be exempt from any tax levied by the State or any subdivision thereof, shall be exempt from levy and sale, attachment or any other process whatsoever, and shall be inalienable and unassignable in advance in any form and, in case of bankruptcy, shall not pass to the trustee or other person acting on behalf of the creditors of the recipient of assistance.

Section 43-5-195.   If an applicant or recipient shall be found by the county department to be incapable of taking care of himself or his money or if, in the judgment of the county department, his interest will be best served, the State department or one designated by it may apply to the probate court of the county in which such applicant or recipient lives for the appointment of a guardian to whom the payments of assistance granted shall be made for the benefit of the applicant or recipient, and such guardian shall file a copy of his return with the county department, as well as the probate judge, as required by law, and such other reports as the county department shall require. The respective probate judges shall perform all necessary duties in connection with such guardianship without charging any fees, costs or commissions.

Section 43-5-200.   When a recipient dies after issuance but before delivery or negotiation of his assistance check for the month in which his death occurs, endorsement of such check without recourse by the county director of social services to the 'spouse or nearest living relative' of the recipient shall be sufficient authority to the drawee bank to pay such check.

Section 43-5-210.   (a)   Every individual, as a condition of initial and continuing eligibility for aid to families with dependent children (WIN) shall register with the Employment Security Commission for employment, training and manpower services, unless such individual is:

(1)   A child who is attending school or college on a full-time basis or who is under the age of sixteen.

(2)   Ill, incapacitated or of advanced age.

(3)   So remote from an Employment Security Commission office that effective participation in employment and training counseling is precluded.

(4)   Required to be present in the home because of illness or incapacity of another member of the household.

(5)   The mother or other relative of a child under the age of six who is caring for the child.

(6)   he mother or other caretaker of a child if the father or another adult male relative is in the home and not excluded from the requirement to register, unless such adult male relative has failed to register as herein required or has refused without good cause to accept employment or to participate in work experience or training.

(7)   Actively participating in the Federal Work Incentive Program or was certified to such program within the previous six months.

(b)   Registration shall include a personal interview conducted by the Employment Security Commission. A work application shall be completed, a self-support plan shall be developed and the individual's job search and reporting responsibilities shall be fully explained. If employment is available, the commission shall immediately refer the individual to such employment.

(c)   Any person excluded from the requirements of registration by reason of Subsection (a) of this Section may voluntarily register to participate in the South Carolina Employable Program. The department shall encourage participation in this program.

(d)   As a part of complying with the requirements set forth in this Section, each registrant shall be assisted in conducting an adequate job search in accordance with the instructions of the Employment Security Commission. Every person registered pursuant to this Section, other than persons who have been certified to the Federal Work Incentive Program and are actively participating in a work incentive component, shall report in writing on a form prescribed by the Employment Security Commission on the nature, extent and results of his job search efforts. The bureau shall notify each employable person of the reporting requirement and shall provide necessary copies of the report form.

(e)   To the extent permitted by federal law, any person who fails without good cause to fulfill his job search requirements shall be ineligible for aid to families with dependent children. If such person is the sole eligible dependent child in the family, the family shall be ineligible for aid to families with dependent children.

(f)   No person registered pursuant to Subsection (a) of this Section shall refuse to accept a bona fide offer of employment or training. The bona fide offer of employment, training or work experience must be consistent with the person's physical, mental and emotional capabilities, and to the extent feasible to previously acquired occupational skills. In order to be a bona fide offer of employment, there must be reasonable assurances that:

(1)   Appropriate standards for the health, safety and other conditions applicable to the performance of work and training in the employment are established and will be maintained.

(2)   The offer of employment will not result in a displacement of employed workers.

(3)   he wages will be no less than three-fourths of the federal minimum wage.

(g)   Any person required to register pursuant to Subsection (a) of this Section who fails to register or fulfill his reporting responsibilities required by Subsection (d) or refuses a bona fide offer of employment or training in violation of Subsection (f) shall be ineligible for aid to families with dependent children. Any aid for which such child is eligible will be provided in the form of protective payment as defined in Section 43-5-65(b).

Section 43-5-215.   To the extent permitted by federal law, the Employment Security Commission shall develop and implement a demonstration program of work experience. The Employment Security Commission and the department shall take all appropriate and necessary measures to obtain federal approval and assistance for this demonstration program.

The Employment Security Commission shall develop a plan for the phased implementation of work experience programs, designating specific geographic areas, consisting of counties or portions of counties within which work experience programs shall be established. The commission shall develop work experience programs through contracts with public entities or with nonprofit agencies or organizations, subject to the conditions and standards hereinafter set forth.

For the purpose of this Section, 'work experience' is a program to provide work experience and training for individuals who are not otherwise able to obtain employment or are not actively participating in training or education programs in order that such individuals may move into regular employment. Work experience programs shall be designed to develop employability through actual work experience. The facilities of the Employment Security Commission shall be utilized to find permanent employment opportunities for participants upon completion of this program. Work experience programs under this Section shall be confined to projects which serve a useful public purpose such as in the fields of health, social service, environmental protection, education, urban and rural development and redevelopment, welfare, recreation, public facilities, public safety and energy conservation. To the extent feasible, the prior training, experience and skills of a participant shall be utilized in making appropriate work experience assignments.

The Employment Security Commission shall designate the procedures for inclusion of recipients of aid to families with dependent children. No person exempted from registration by the provisions of Section 43-5-210 shall be required to participate in a work experience program.

Section 43-5-220.   (a)   Every approved applicant for aid to families with dependent children whose eligibility is based on deprivation due to absence of a parent from the home shall family independence benefits who has a child by a parent who is alive but not living in the home at the time of approval for aid to families with dependent children family independence must be immediately referred to the designated child support official of the department. The department shall be responsible for taking all steps necessary to identify, locate, and obtain support payments from absent parents.

(b)   The department shall establish a scale of suggested minimum contributions to assist courts in determining the amount that an absent parent should be expected to pay toward the support of a dependent child. The scale shall include consideration of gross income, shall authorize expense deductions including deductions for taxes for determining net income, shall designate other available resources to be considered and shall specify the circumstances which should be considered in reducing liability on the basis of hardship. Copies of this scale shall be made available to courts, county attorneys, circuit solicitors, and to the public. It is intended that the scale formulated pursuant to this section be optional, and that no court or support official be required to use it.

(c)   In all cases in which the whereabouts of the absent parent is known, the department shall, immediately upon approval of the application for assistance, notify the absent parent of the filing of the application and of his responsibility to complete and return a written statement of his current monthly income, his total income over the past twelve months, a description of real and personal property owned by him, together with an estimate of its value, the number of dependents for whom he is providing support, the amount he is contributing regularly toward the support of all children for whom application for aid to families with dependent children has been made, his Social Security number, his itemized monthly living expenses and such other information as the department determines to be pertinent in determining his ability to support his children.

The absent parent shall complete and return such statement to the department within ten days after notification by the department. The department may request the absent parent to report for a personal interview.

If the absent parent statement is not completed within ten days after notification, the department shall cause prompt personal service to be made. If the written statement is not completed and returned within ten days after personal service, the department shall immediately refer the matter for prosecution for nonsupport.

(d)   When the department has obtained sufficient information concerning the absent parent, it shall immediately determine his ability to support his children and shall obtain a court order specifying an appropriate amount of support in accordance with the scale of suggested minimum contributions as provided in subsection (b). If the absent parent is residing out of the county, but within the State, and his whereabouts is are known, the department shall obtain the court order in the court of competent jurisdiction as set forth in Section 14-21-830. Court orders of support shall in all cases specify that the payment of support shall be made directly to the department as reimbursement for assistance and not to the spouse of the absent parent. The support rights assigned to the State shall constitute an obligation owed to the State by the individual responsible for providing such support. Such obligation shall be deemed for collection purposes to be collectible under all applicable state and local processes. The amount of such obligations shall be:

(1)   The amount specified in a court order which covers the assigned support rights;

(2)   If there is no court order, an amount determined by the State in accordance with a formula approved by subsection (b);

(3)   Any amounts collected from an absent parent under the plan shall reduce, dollar for dollar, the amount of his obligation. A debt which is a child support obligation assigned to the department under this section is not released by a discharge in bankruptcy under the Bankruptcy Act.

(e)   Failure of the absent parent to comply with his support obligation shall be referred to the court having jurisdiction of the matter for appropriate proceedings.

(f)   Nothing in this section shall be construed to relieve the department from complying with the provisions of Section 402 (a) (11) of the Social Security Act.

(g)   Material falsification of information on the statement provided pursuant to Subsection (d) shall constitute a misdemeanor.

(h)   In the case of an individual not otherwise eligible for collection services, a fee may be imposed in accordance with federal law, regulations, and guidelines.

(i)   The department may submit to the Department of Revenue and Taxation for collection and set off any debt for past-due support, including health care expenses, owed to the department or owed to an individual not otherwise eligible for collection services who has made application to the department. The debt for past-due support must be at least sixty days in arrears and is in excess of twenty-five dollars as provided in Section 12-7-2240. At the time of the submission, the department shall notify the debtor that his state tax refund will be subject to a debt for past-due support. The notice shall set forth the name of the debtor, the amount of the claimed debt, the intention to set off the refund against the debt, the taxpayer's opportunity to give written notice to contest the set off within thirty days of the date of mailing of the notice, the appropriate office of the department to which the application for a hearing must be sent, and the fact that failure to apply for a hearing in writing within the thirty-day period will be considered a waiver of the opportunity to contest the set off. If the debtor makes written application to contest the set off within thirty days of notification, the department shall provide an opportunity for a hearing and is responsible for refunding any monies wrongfully collected. If no application is made, the debtor's refund must be used to set off the amount owed. From the amount transferred from the Department of Revenue, the department shall reimburse the Department of Revenue for expenses incurred in administering this program. In the case of an individual not otherwise eligible for collection services, a fee must be imposed by the department to cover all costs. The department shall request that the Department of Revenue send to the department notice of the home address, corrected social security number, or additional Social Security numbers, if more than one is used, of any taxpayer whose name is submitted to the Department of Revenue under this subsection.

(j)   The department may submit to the Internal Revenue Service and the State Department of Revenue, for federal and state tax refund offsets, the name of any obligor who is delinquent in paying court-ordered child support and who qualifies for submittal under federal or state law even if the obligor is in compliance with a court order requiring periodic payments toward satisfaction of the delinquency or even if the delinquent amount has been placed in abeyance by court order.

Section 43-5-222.   From the amounts collected by the South Carolina State Department of Social Services for children and the parents of such children who are currently recipients of Aid to Families with Dependent Children (AFDC), pursuant to Section 43-5-220 of the 1976 Code, the department may distribute these amounts as follows:

(1)   of amounts collected which represent monthly monetary support obligations, the first seventy-five dollars of the monthly payment must be paid to the AFDC family and thereafter must be increased up to the amount of the monthly support obligation;

(2)   if the amount collected is in excess of the amounts required to be distributed under item (1), the excess must be retained by the department as reimbursement for AFDC payments made to the family for which the State has not been reimbursed. Of the amount retained by the department, the department shall determine the federal government's share so that the department may reimburse the federal government, if required, to the extent of its participation in the financing of the AFDC payment.

(3)   if the amount collected is in excess of the amounts required to be distributed under (1) and (2) the family must be paid the excess.

(4)   payments made to the family in item (1) may not be used in determining the amount paid, if any, in AFDC or other welfare benefits.

Section 43-5-225.   (a)   A central registry of records shall be maintained in the department showing as far as it is known with respect to any parent who has deserted or abandoned any child receiving aid to families with dependent children:

(1)   The full and true name of such parent together with any known aliases.

(2)   Date and place of birth.

(3)   Physical description.

(4)   Social Security number.

(5)   Occupation and any special skills he may have.

(6)   Military status and Veterans Administration or military service serial number.

(7)   Last known address and the date thereof.

(8)   Number of the driver's license.

(9)   Any further information that may be of assistance in locating the person.

(b)   To effectuate the purposes of this section, the department shall request from all departments, commissions, boards or other agencies of the State or any of its political subdivisions such assistance and data as will enable the department and other public agencies to carry out their duties to locate deserting parents and to enforce their liability for the support of their children. The department shall utilize the 'Parent Locator Service' pursuant to establishment in the Department of Health, Education and Welfare by filing in accordance with Section 453(b) of the Social Security Act.

(c)   Any records established pursuant to the provisions of this Section shall be available only to public welfare offices, county attorneys, circuit solicitors, probation departments, the Attorney General, central registries in other states and courts having jurisdiction in support or abandonment proceedings or action and only for the purposes for which the records have been established.

Section 43-5-230.   There is hereby created in the office of the State Treasurer a revolving fund to be designated as the Public Welfare Cooperative Support Program Fund which shall be used by the department in carrying out such purposes as it deems necessary. All moneys monies in the funds are hereby appropriated to the department for such purposes and shall be paid without further appropriation under requisition or voucher drawn on the State Treasurer in the usual manner.

Section 43-5-235.   To the extent permitted by federal law, the department may enter into annual agreements with county governments, clerks of court, sheriffs, and other law enforcement entities having jurisdiction in that county to reimburse and to pay federal financial participation and incentives pursuant to the terms of the agreement to the appropriate contracting entity for a portion of the cost of developing and implementing a child support collection and paternity determination program for:

(1)   securing support for persons receiving state public assistance and reimbursement of medical assistance from the legally responsible spouse or parent of assistance recipients;

(2)   establishing paternity of children born out of wedlock who are receiving aid to families with dependent children and to secure support for them;

(3)   all children who have sought assistance in securing support whether or not they are eligible for aid to families with dependent children and regardless of the economic circumstances. To the extent permitted by federal law, a fiscal incentive and federal financial participation must be paid to the department and provided to the entity providing the service for the collection and enforcement of child support obligations. These monies must be paid to the appropriate county treasurer or county finance office on a monthly basis and deposited into a separate account for the entity providing the service for the exclusive use by this entity for all activities related to the establishment, collection, and enforcement of child support obligations for the fiscal year in which the payments are earned and may be drawn on and used only by the entity providing the service for which the account was established. Monies paid to the contracting entity pursuant to this section may not be used to replace operating funds of the budget of the entity providing the service. Funds in the special account not encumbered for child support activities revert to the general fund of the county at the end of the fiscal year in which they were earned. Each local entity shall enter into a support enforcement agreement with the department as a condition of receiving the fiscal incentive and federal financial participation. To the extent that fiscal incentives are paid to the department and are not owed under the agreement to the contracting entity, these fiscal incentives must be reinvested in the department's Child Support Enforcement Program to increase collections of support at the state and county levels in a manner consistent with the federal laws and regulations governing incentive payments.

Section 43-5-240.   Any county desiring to obtain the benefits of appropriations from the Public Welfare Support Reimbursement Fund shall secure the formal joinder of the circuit solicitor and of the court having jurisdiction of support cases in that county in a joint plan and a cooperative support program agreement with the department and the execution of a cooperative support program agreement with the department. The execution of such agreement is hereby authorized.

Section 43-5-245.   (a)   The department shall prescribe the time at and the form on which the counties and judicial districts shall submit to the department annual plans for the total staff and equipment needs and annual estimates of the expenditures of the county for the staffing and operations of the child support program for the coming agreement year.

(b)   Upon approval of an annual plan and the estimated expenditures for an improved program the department shall enter into a contract pursuant to Section 43-5-235.

SECTION 43-5-255.   (a)   Funds derived from savings, and to the extent necessary additional general funds, shall be utilized to increase the direct monthly payments to Aid to Families with Dependent Children recipients so that beginning on July 1, 1978, each eligible individual shall receive an additional benefit of one dollar and sixty-five cents per month.

(b)   Nothing in this Section shall prohibit increases in excess of that described in Subsection (a).

SECTION   8.   Section 43-5-580(a) of the 1976 Code is amended to read:

"Section 43-5-580.   (a)   Every applicant for assistance whose eligibility is based on deprivation due to absence of a parent from a home Family Independence benefits who has a child or children whose parent is alive but not residing in the home must be referred to the Office of Child Support Enforcement within two working days of the furnishing of aid or the determination that an individual is a recipient of public assistance Family Independence benefits. The department is responsible for taking all steps necessary to identify, locate, and obtain support payments from absent parents."

SECTION   9.   Section 43-5-1110 of the 1976 Code, as added by Act 102 of 1995, is amended to read:

"Section 43-5-1110.   As used in this act article:

(1)   'Family Independence' or 'Aid to Families with Dependent Children' or 'FI' or 'AFDC' means cash payments or stipends paid to individuals who meet established eligibility criteria.

(2)   'Department' means the South Carolina State Department of Social Services.

(3)   'Welfare' means cash assistance payments through the Family Independence program formerly known as the Aid to Families with Dependent Children program which must be provided as a stipend to assist families to become employed.

SECTION   10.   Section 43-5-1120(B) of the 1976 Code, as added by Act 102 of 1995, is amended to read:

"(B)   An applicant who appears to be eligible for welfare assistance and who would be required to participate or who volunteers to participate in the department's employment and training program must be referred to an employment and training unit. An applicant referred must conduct an initial job search and shall provide evidence of this search by listing the employer contacted, the date of the visit with the employer, and the name and telephone number of the person with whom the applicant spoke. An applicant who does not provide this information must not be approved for assistance until the information is provided. An employment assessment must be conducted on an applicant who is unsuccessful in securing employment to determine if the applicant is job ready. An applicant who has been employed twelve out of the previous twenty-four months or who has graduated from high school or has obtained a GED must be considered job ready and must be enrolled in a job club or referred for evaluation or assessment or other services conducive to employment. Following participation in a job club, the applicant must conduct a job search for an additional period of no more than sixty days or until the applicant obtains employment, whichever occurs first. An applicant who is not job ready or a job-ready participant who is unsuccessful in the job search must be evaluated for barriers to employment. An individual agreement containing training and employment requirements must be developed for the participant. For purposes of this subsection 'job club' means a group or individual job readiness training session where participants learn job finding and job retention skills."

SECTION 11.   Section 43-5-1135 of the 1976 Code, as added by Act 102 of 1995, is amended to read:

"Section 43-5-1135.   Each state agency which is a member of the South Carolina Retirement System shall establish recruitment and hiring goals which shall target ten percent of all jobs requiring a high school diploma or less to be filled with welfare family independence or food stamp recipients. A question concerning receipt of AFDC Family Independence benefits or food stamps may be added to the state employment application for purposes of targeting these applicants. Each agency annually shall report to the department State Office of Human Resources the number of welfare Family Independence and food stamp recipients employed in comparison to the established goal."

SECTION   12.   Sections 43-5-1185 and 43-5-1190 of the 1976 Code, as added by Act 102 of 1995, are amended to read:

"Section 43-5-1185.   As a condition of eligibility for AFDC Family Independence benefits, each adult recipient determined to be in need of family skills by his Family Independence case manager, and minor mother recipient must participate in a family skills training program which must include, but is not limited to, parenting skills, financial planning, and health information. Whenever possible and practical, the department shall coordinate with comparable staff of other state and local agencies in providing these services.

This program must include an alcohol and other drug assessment when it is determined by the department that an assessment is appropriate. The department shall coordinate with the Department of Alcohol and Other Drug Abuse Services to provide the proper assessment of the recipient and training of the department personnel who are to conduct the assessment. If the recipient is determined to be in need of alcohol and other drug abuse treatment, the department shall coordinate the services with the Department of Alcohol and Other Drug Abuse Services and shall include the individually determined terms and conditions of the treatment in the recipient's agreement with the department.

This program must include a family planning assessment if it is determined by the department that an assessment is appropriate. The department shall coordinate with the Department of Health and Environmental Control to provide the AFDC family with education, evaluation, and counseling, consistent with Medicaid regulations. State funds appropriated for family planning must not be used to pay for an abortion.

Section 43-5-1190.   An AFDC A Family Independence recipient who, while receiving AFDC FI benefits, has been identified as requiring alcohol and other drug abuse treatment service or who has been convicted of an alcohol related offense or a controlled substance violation or gives birth to a child with evidence of the effects of maternal substance abuse and the child subsequently is shown to have a confirmed positive test performed on a suitable specimen within twenty-four hours of birth, is ineligible for AFDC FI assistance unless the recipient submits to random drug tests and/or participates in an alcohol or drug treatment program approved by the Department of Alcohol and Other Drug Abuse Services. Upon completion of the program, if a subsequent random test or subsequent conviction for a controlled substance violation occurs, the recipient is ineligible for AFDC FI benefits. Benefits may be reinstated at a later time upon reapplication, if the recipient first undergoes a conciliation assessment, including review and/or modification of the prescribed individual treatment program and agreement, and then agrees to comply with its terms and demonstrates compliance for a period of not less than sixty days. Testing of a child's specimen pursuant to this section must be conducted by a medical laboratory certified by the College of American Pathologists or the National Institute of Drug Abuse for Forensic Urine Drug Testing."

SECTION   13.   Section 43-5-1200 of the 1976 Code, as added by Act 102 of 1995, is amended to read:

"Section 43-5-1200.   One licensed vehicle per licensed driver is exempt from the asset limit for Family Independence participants in work or training. The asset limit for families on AFDC is ten thousand dollars book value for a vehicle and a total of all other assets is two thousand five hundred dollars for all other assets."

SECTION   14.   Sections 43-1-130, 43-5-510, 43-5-520, 43-5-530, 43-5-540, 43-5-550, 43-5-560, 43-5-570, and 43-5-640 of the 1976 Code are repealed.

SECTION   15.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the Bill.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

S. 564 -- Senator Martin: A BILL TO AMEND SECTION 12-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE DEED RECORDING FEE, SO AS TO INCLUDE AN EXEMPTION FOR DEEDS GRANTING RIGHT-OF-WAY EASEMENTS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.

The Committee on Judiciary proposed the following amendment (JUD0564.003), which was adopted:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:

TO AMEND SECTION 12-24-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIABILITY FOR A DEED RECORDING FEE, SO AS TO PROVIDE THAT THE FEE IS OWED BY THE GRANTEES IN THE CASE OF A DEED FROM A MASTER-IN-EQUITY, FROM A GOVERNMENT OR ITS SUBDIVISIONS, OR FROM AN INTERNAL REVENUE CODE TAX-EXEMPT RETIREMENT PLAN; TO AMEND SECTION 12-24-30, RELATING TO THE DEFINITION OF "VALUE" AS IT CONCERNS A DEED RECORDING FEE, SO AS TO CLARIFY THE MEANING OF "VALUE" AND TO PROVIDE FOR THE ELECTION TO USE THE PROPERTY TAX ASSESSMENT OF FAIR MARKET VALUE FOR PURPOSES OF CHAPTER 24; TO AMEND SECTION 12-24-40, RELATING TO EXEMPTIONS FROM A DEED RECORDING FEE, SO AS TO DELETE AND CLARIFY CERTAIN EXEMPTIONS FROM THE RECORDING FEE ON DEEDS AND TO REDEFINE "FAMILY"; AND TO AMEND SECTION 12-24-70, RELATING TO AFFIDAVITS REQUIRED FOR RECORDING A DEED, SO AS TO PROVIDE FOR CONTENTS OF AFFIDAVITS FILED IN CONNECTION WITH EXEMPT DEEDS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   Section 12-24-20 of the 1976 Code, as added by Part II, Act 458 of 1996, is amended to read:

"Section 12-24-20.   (A)   Except as provided in subsection (B), the fee imposed by this chapter is the liability of the grantor, or the joint or and several liability of the grantors, but the grantee is secondarily liable for the payment of the fee.

(B)   In the case of a master-in-equity deed, the liability for a deed from the federal government, a state or any of a state's political subdivisions, or a qualified retirement plan exempt from income taxes under the Internal Revenue Code to another person, the fee imposed by this chapter is on the grantee or grantees the liability of the grantee, or the joint and several liability of the grantees, and not the grantor."

SECTION   2.   Section 12-24-30 of the 1976 Code, as added by Part II, Act 458 of 1996, is amended to read:

"Section 12-24-30.   (A)   For purposes of this chapter, the term 'value' means the realty's fair market value. In arm's-length real property transactions, this value is the sales price consideration paid or to be paid in money or money's worth for the realty including other realty, personal property, stocks, bonds, partnership interests and other intangible property, the forgiveness or cancellation of a debt, the assumption of a debt, and the surrendering of a right. The fair market value of the consideration must be used in calculating the consideration paid in money's worth. Taxpayers may elect to use the fair market value of the realty being transferred in determining fair market value of the consideration under the provisions of this section. However, in the case of realty transferred between a corporation, a partnership, or other entity and its stockholder, partner, or owner, and in the case of realty transferred to a trust or as a distribution to a trust beneficiary, 'value' means the realty's fair market value.

(B)   A deduction from value is allowed for the amount of any lien or encumbrance existing on the land, tenement, or realty before the transfer and remaining on the land, tenement, or realty after the transfer.

(C)   Taxpayers may elect to use the fair market value as determined for property tax purposes in determining fair market value under the provisions of this section."

SECTION   3.   Section 12-24-40 of the 1976 Code, as added by Part II, Act 458 of 1996, is amended to read:

"Section 12-24-40.   Exempted from the fee imposed by this chapter are deeds:

(1)   transferring realty to the federal government in which the value of the realty, as defined in Section 12-24-30, is equal to or less than one hundred dollars;

(2)   transferring realty to the federal government or to a state, its agencies and departments, and its political subdivisions, including school districts;

(3)   that are otherwise exempted under the laws and Constitution of this State or of the United States;

(4)   transferring realty in which no gain or loss is recognized by reason of Section 1041 of the Internal Revenue Code as defined in Section 12-6-40(A);

(5)   transferring realty from an agent to the agent's principal in which the realty was purchased with the funds of the principal in order to partition realty, as long as no consideration is paid for the transfer other than the interests in the realty that are exchanged in order to effect the partition;

(6)   transferring an individual grave space at a cemetery owned by a cemetery company licensed under Chapter 55 of Title 39;

(7)   transferring realty to a member of the family or to a family trust or to a family partnership. "Family" means spouse, parents, sisters, brothers, grandparents, grandchildren, and lineal descendants. A "family trust" is a trust whose beneficiaries are all members of the family of the transferor. A "family partnership" is a partnership whose partners are all members of the family of the transferor that constitute a contract for the sale of timber to be cut;

(8)   transferring realty to a legal heir or devisee corporation, a partnership, or a trust as a stockholder, partner, or trust beneficiary of the entity or so as to become a stockholder, partner, or trust beneficiary of the entity as long as no consideration is paid for the transfer other than stock in the corporation, interest in the partnership, beneficiary interest in the trust, or the increase in value in the stock or interest held by the grantor. However, except for transfers from one family trust to another family trust without consideration, the transfer of realty from a corporation, a partnership, or a trust to a stockholder, partner, or trust beneficiary of the entity is subject to the fee, even if the realty is transferred to another corporation, a partnership, or trust;

(9)   that constitute a contract for the sale of timber to be cut transferring realty from a family partnership to a partner or from a family trust to a beneficiary, as long as no consideration is paid for the transfer other than a reduction in the grantee's interest in the partnership or trust. A 'family partnership' is a partnership whose partners are all members of the same family. A 'family trust' is a trust in which the beneficiaries are all members of the same family. 'Family' means the grantor, the grantor's spouse, parents, grandparents, sisters, brothers, children, stepchildren, grandchildren, and the spouses and lineal descendant of any of them, and the grantor's and grantor's spouse's heirs under a statute of descent and distribution. A 'family partnership' or 'family trust' also includes charitable entities, other family partnerships and family trusts of the grantor, and charitable remainder and charitable lead trusts, if all the beneficiaries are charitable entities or members of the grantor's family. A 'charitable entity' means an entity which may receive deductible contributions under Section 170 of the Internal Revenue Code as defined in Section 12-6-40(A);

(10)   transferring realty from an individual to a partnership, limited liability company, or corporation upon the formation of the entity if the individual is transferring the realty in order to become a partner, member, or shareholder in the entity. All other transfers of realty to or from the partnership, limited liability company, or corporation, not otherwise exempt, are subject to the fee;

(11) transferring realty in a statutory merger or consolidation from a constituent corporation to the continuing or new corporation;

(11)   transferring realty in a merger or consolidation from a constituent partnership to the continuing or new partnership;

(12)   transferring realty between a parent corporation and its subsidiary corporation, provided that no consideration of any kind is paid or is to be paid for the transfer;

(13) transferring realty to a nonprofit corporation organized and operated exclusively for either a religious, scientific, charitable, or educational purpose, and provided that no consideration of any kind is paid or is to be paid for the transfer;

(14)   that constitute a corrective deed or a quitclaim deed used to confirm title already vested in the grantee, provided that as long as no consideration of any kind is paid or is to be paid under the corrective or quitclaim deed;

(15) transferring realty from an individual to a partnership or limited liability company of which the individual is a partner or a member, provided that the transfer is subject to the fee to the extent that the transfer is a transfer of an undivided interest in the realty to partners or members other than the transferor. The determination as to the portion of the realty's value upon which the fee must be paid must be based on the percentage interest in the partnership or limited liability company of the partners or members other than the transferor."

SECTION   4.   Section 12-24-70 of the 1976 Code, as added by Part II, Act 458 of 1996, is amended to read:

"Section 12-24-70.   (A)   An affidavit must accompany every deed presented for recording and must set forth the true, full, and complete value of the realty as defined in Section 12-24-30. In addition, the clerk or register of mesne conveyances may require any other information considered necessary. However, the clerk or register of mesne conveyances, at his discretion, may waive the affidavit requirement.

If the deed is exempt under Section 12-24-40, the affidavit must state that the deed is exempt and state the reason for the exemption. This affidavit must be signed by a responsible person connected with the transaction and the affidavit must state that connection. The clerk of court or register of mesne conveyances shall require an affidavit showing the value of the realty to be filed with a deed.

For deeds exempt under the provisions of this chapter, the value is not required to be stated on the affidavit, but the affidavit must state the reason the deed is exempt from the fee. The affidavit required by this section must be signed by a responsible person connected with the transaction, and the affidavit must state that connection. The clerk of court or register of mesne conveyances, at his discretion, may waive the affidavit requirement.

(B)   The clerk of court or register of mesne conveyances shall file these affidavits in his office.

(C)   A person required to furnish the affidavit who wilfully furnishes a false or fraudulent affidavit is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both."

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

Senator MARTIN explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

H. 3101 -- Reps. Allison, Kirsh, Meacham and Knotts: A BILL TO AMEND SECTION 16-17-495, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSPORTING A CHILD UNDER AGE SIXTEEN OUTSIDE THE STATE WITH THE INTENT TO VIOLATE A CUSTODY ORDER, SO AS TO MAKE IT UNLAWFUL TO TAKE OR TRANSPORT A CHILD OUTSIDE OF THE STATE WITH THE INTENT TO CIRCUMVENT A CUSTODY PROCEEDING WHEN A PETITION HAS BEEN FILED SEEKING A CUSTODY DETERMINATION, TO INCREASE THE PENALTY FOR VIOLATIONS, TO INCLUDE APPLICATION OF THE SECTION TO CHILDREN BORN OUT OF WEDLOCK, TO INCREASE THE PENALTY IF PHYSICAL FORCE IS USED OR THREATENED, AND TO AUTHORIZE ASSESSING TRAVEL AND OTHER EXPENSES INCURRED IN THE PROSECUTION OF THE ACTION.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.

The Committee on Judiciary proposed the following amendment (JUD3101.002), which was adopted:

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

/ SECTION   1.   Section 16-17-495 of the 1976 Code, as last amended by Act 28 of 1995, is further amended to read:

"Section 16-17-495.   (A)(1)   When any a court of competent jurisdiction in this State or another state has awarded custody of a child under the age of sixteen years or when custody of a child under the age of sixteen years is established pursuant to Section 20-7-953B, it is a felony unlawful for a person with the intent to violate the court order or Section 20-7-953B to take or transport, or cause to be taken or transported, the child from any point within this State to any point outside the limits of this State or to keep the child outside the limits of this state from the legal custodian for the purpose of concealing the child, or circumventing or avoiding the custody order or statute.

(2)   When a pleading has been filed and served seeking a determination of custody of a child under the age of sixteen, it is unlawful for a person with the intent to circumvent or avoid the custody proceeding to take or transport, or cause to be taken or transported, the child for the purpose of concealing the child, or circumventing or avoiding the custody proceeding.

(B)   This crime is punishable by a fine A person who violates subsection (A)(1) or (2) is guilty of a felony and, upon conviction, must be fined in the discretion of the court or by imprisonment for not more than five imprisoned not more than five years, or both. It is permissible to infer that a person keeping a child outside the limits of the State in violation of a court order for a period in excess of seventy-two hours intended to violate the order at the time of taking.

(C)   If the a person violating the provisions of this section who violates subsection (A)(1) or (2) returns the child to the legal custodian or to the jurisdiction of the court issuing the order within seven days after removing the child from this State, in which the custody petition was filed within three days of the violation, the person is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.

(D)   Notwithstanding the provisions of this section, if the taking or transporting of a child in violation of subsections (A)(1) or (2), is by physical force or the threat of physical force, the person is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both.

(E)   A person who violates the provisions of this section may be required by the court to pay necessary travel and other reasonable expenses including, but not limited to, attorney's fees incurred by the party entitled to the custody or by a witness or law enforcement."

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

Amend title to conform.

Senator BRYAN explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

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

H. 3459 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FOOD STAMP PROGRAM ELECTRONIC BENEFITS TRANSFER, DESIGNATED AS REGULATION DOCUMENT NUMBER 2101, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3363 -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE THE TRADITIONAL FAMILY UNIT AS THE CORNERSTONE FOR FAMILY LIFE IN SOUTH CAROLINA AND TO RELY UPON THE TRADITIONAL FAMILY UNIT IN SHAPING PUBLIC POLICY IN THE STATE.

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

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

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

H. 3747 -- Rep. Spearman: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 12, 1997, AND FRIDAY, JUNE 13, 1997.

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

H. 4075 -- Reps. Cobb-Hunter and Miller: A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN AND WOMEN OF SOUTH CAROLINA WHO DIED ON THE JOB BY DECLARING APRIL 28, 1997, "WORKERS' MEMORIAL DAY".

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

S. 625 -- Senator Alexander: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION, IN CONSULTATION WITH THE OCONEE COUNTY LEGISLATIVE DELEGATION AND THE OCONEE COUNTY VETERANS AFFAIRS OFFICER, DEDICATE A PORTION OF UNITED STATES HIGHWAY 123 IN OCONEE COUNTY TO SOUTH CAROLINA'S VETERANS.

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

S. 692 -- Senators Courtney, Elliott, Reese, and Hayes: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 21, 1997, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR TO THE MEMBERS OF THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEAT 1, SO AS TO FILL THE TERM WHICH EXPIRES AUGUST 31, 1997.

The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the Resolution.

Senator DRUMMOND proposed the following amendment (692R001.JWD), which was adopted:

Amend the bill, as and if amended, by adding on line 24, the following:

/To be elected in this joint assembly a candidate must receive a receive a majority of the votes cast by the members of the House of Representatives and a majority of the votes cast by the members of the Senate./

Amend title to conform.

There being no further amendments, the Concurrent Resolution was adopted, ordered sent to the House.

S. 565 -- Senator Moore: A BILL TO AMEND ACT 178 OF 1995, RELATING TO THE BOARD OF ELECTION AND REGISTRATION OF MCCORMICK COUNTY, SO AS TO FURTHER DEFINE THE PROCEDURE FOR APPOINTING MEMBERS TO THAT BOARD.

Senator MOORE asked unanimous consent to commit the Bill to the McCormick County Delegation.

There was no objection.

The following Bills and Joint Resolution were carried over:

S. 401 -- Senators Leventis and Giese: A BILL TO AMEND CHAPTER 11, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF CONTRACTORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER1,TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF CONTRACTORS INCLUDING, BUT NOT LIMITED TO, REVISING THRESHOLD PROJECT COSTS REQUIRING A LICENSED CONTRACTOR, REVISING QUALIFYING PARTY REQUIREMENTS AND RESPONSIBILITIES, AND PROVIDING A GRANDFATHER CLAUSE FOR CURRENT QUALIFIERS, ESTABLISHING FINANCIAL STATEMENT LICENSE GROUPS, AND REVISING REQUIREMENTS FOR FINANCIAL STATEMENTS, REDUCING BIDDERS' LICENSE FEES, EXPANDING GROUNDS FOR DISCIPLINARY ACTION AND SANCTIONS AGAINST UNLICENSED CONTRACTORS, AUTHORIZING CEASE AND DESIST ORDERS, AUTHORIZING EXAMINATION WAIVERS FOR CERTAIN CONTRACTORS LICENSED IN OTHER STATES, PROVIDING FOR THE REGULATION OF CONSTRUCTION MANAGEMENT SERVICES, ESTABLISHING BIDDING REQUIREMENTS FOR PRIME CONTRACTORS, REVISING LICENSING SUBCLASSIFICATIONS, PROVIDING CRITERIA FOR OWNERS TO OBTAIN BUILDING PERMITS, AND PROVIDING LICENSURE EXEMPTIONS.

On motion of Senator MOORE, the Bill was carried over.

H. 3402 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1996-97.

On motion of Senator DRUMMOND, the Joint Resolution was carried over.

H. 3503 -- Reps. Tripp, Maddox, R. Smith, Wilder, Jordan, Townsend, Seithel, Baxley, Moody-Lawrence, Sandifer, Cobb-Hunter, Spearman, Askins, Neilson, Leach, Kennedy, Mason, Barrett, Inabinett, Hamilton, Knotts, Edge, Bailey, Cooper, Govan, Scott, Law, Hodges, Altman, Hawkins, Rice, Chellis, Stille, Neal, Kinon, Stoddard, Fleming, Miller, Robinson, D. Smith, Klauber, Carnell, Trotter, Lee, Martin, Whatley, Limehouse, Quinn, McMaster, Cato, Allison, Webb, Riser, Dantzler, Loftis, Lanford, Young-Brickell, Witherspoon, Harrell, Cromer, Harrison, Kelley, Gamble, Limbaugh, Parks, Keegan, Meacham, Simrill, Lloyd, McKay, McLeod, Harvin, Sharpe, Kirsh, Vaughn, J. Hines, McCraw, Bauer, Littlejohn, Jennings, Beck, Hinson, Battle and Davenport: A BILL TO AMEND SECTION 8-13-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE WITHIN THE DEFINITION A CORPORATION, AND INCLUDE THE INFLUENCING OF THE OUTCOME OF MATTERS CONSIDERED BY THE GENERAL ASSEMBLY WHEN THE LIKENESS, IMAGE, VOICE, OR ENDORSEMENT OF A PUBLIC OFFICIAL IS USED; AND TO REQUIRE THAT AFFECTED ENTITIES ARE SUBJECT TO THE REPORTING AND RECORDKEEPING REQUIREMENTS UNDER ARTICLE 13, CHAPTER 13, TITLE 8 FROM JULY 1, 1996, WHEN THE FIRST REPORT IS DUE AFTER THE EFFECTIVE DATE OF THIS ACT.

On motion of Senator LEATHERMAN, the Bill was carried over.

H. 3694 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS AND CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED BY THIS ACT.

On motion of Senator DRUMMOND, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF H. 3400, THE GENERAL APPROPRIATION BILL.

The Senate proceeded to a consideration of the committee amendment. The question being the adoption of the report proposed by the Committee on Finance.

Senator DRUMMOND asked unanimous consent to make a motion that, when the Senate begins consideration of H. 3400, the General Appropriation Bill, a limited number of persons from the staff of the Budget and Control Board, and the staff of the Senate Finance Committee be granted the Privilege of the Floor.

There was no objection and the motion was adopted.

Senator DRUMMOND spoke on the Bill.

On motion of Senator DRUMMOND, with unanimous consent, the Senate agreed to proceed to a consideration of Part II upon resuming after the recess.

Senator McCONNELL asked unanimous consent to make a Sense of the Senate motion that as to the application of the provisions of Rule 24B, if the main provision to be amended required a two-thirds vote, then the corresponding amendment(s) to the main provision would also require a two-thirds vote. That, in addition, the motion to reconsider those questions which required a two-thirds vote, would also require a two-thirds vote.

Senator RYBERG objected.

On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by recess.

At 12:50 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 1:50 P.M.

The Senate reassembled at 1:52 P.M. and was called to order by the PRESIDENT.

At 1:53 P.M., on motion of Senator MARTIN, the Senate receded from business until 2:00 P.M.

At 2:03 P.M., the Senate resumed.

The Senate resumed consideration of the committee amendment. The question being the adoption of the report proposed by the Committee on Finance.

Section 1 received the requisite vote under the provisions of Rule 24B.

Senators PASSAILAIGUE, ROSE and WILSON proposed the following Amendment No. 2 (3400R404.ELP), which was adopted:

Amend the bill, as and if amended, Part II, SECTION 2, page 547, by deleting lines 23 through 38 in their entirety and inserting in lieu thereof the following:

/"( )   South Carolina taxable income received by a resident individual taxpayer who before or during the applicable taxable year has attained the age of sixty-five. If a married taxpayer eligible for this deduction files a joint federal income tax return with a spouse who is not eligible for this deduction, then their joint income must be allocated between them on a pro-rata basis in the manner the department shall provide."

B.   This section applies for taxable years beginning after 1996. In taxable years beginning in 1997, the person eligible for this deduction under Section 12-6-1140( ) above may not receive a deduction of more than $11,500. In taxable years beginning after 1997, one hundred percent of taxable income for persons eligible under this subitem is allowed as a deduction./

Amend sections, totals and title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator PASSAILAIGUE moved that the amendment be adopted.

The PRESIDENT stated that as each Part II section was considered on the question of the Rule 24B requirement, he would ascertain if any member objected to the provision and failing an objection, the section would be deemed to have met the Rule 24B requirement. The PRESIDENT further stated if an objection was noted, he would order a division absent a request for a roll call.

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

Alexander                 Anderson                  Bryan
Cork                      Courson                   Courtney
Drummond                  Elliott                   Fair
Ford                      Giese                     Glover
Gregory                   Hayes                     Hutto
Jackson                   Land                      Leatherman
Martin                    Matthews                  McConnell
McGill                    Moore                     O'Dell
Passailaigue              Patterson                 Peeler
Rankin                    Ravenel                   Reese
Rose                      Russell*                  Ryberg
Saleeby                   Setzler                   Short
Thomas                    Washington                Williams
Wilson                    

Smith, J. Verne           Waldrep                   

Lander

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

Having received the requisite vote under Rule 24B, the amendment was adopted.

I refrained from voting to avoid even the appearance of conflict of interest because this provision would apply to me since I am 65 years old.

Section 2 received the requisite vote under the provisions of Rule 24B.

Section 3 received the requisite vote under the provisions of Rule 24B.

Senator PASSAILAIGUE proposed the following Amendment No. 12 (3400R415.ELP), which was adopted:

Amend the bill, as and if amended, Part II, Section 4, page 549, by striking lines 1 through 38, continuing on page 550, lines 1 through 37, continuing on page 551, lines 1 through 21, and inserting in lieu thereof:

/(3)   'Board' means the State Budget and Control Board.

(4)   'Director' means the head of the South Carolina Tuition Prepayment Program.

(5)   'Contributor' means a person who makes or is obligated to make advance payments in accordance with a prepaid tuition contract.

(6)   'The Tuition Prepayment Contract' means the contract entered into by the Director of the South Carolina Tuition Prepayment Program or his designee on behalf of the program and a contributor pursuant to this chapter for the advance payment by the contributor of undergraduate tuition at a fixed, guaranteed level for a designated beneficiary to attend a public educational institution of higher learning in the State or to another educational institution of higher learning that may be provided in this chapter to which the designated beneficiary is admitted.

(7)   'College or university' means a state-chartered public educational institution of higher learning located in this State.

(8)   'Independent institution of higher education' means any independent eleemosynary junior or senior college in South Carolina whose major campus and headquarters are located within South Carolina and which is accredited by the Southern Association of Colleges and Secondary Schools.

(9)   'Tuition' means the credit-hour charges imposed by a public higher education institution in this State and all mandatory fees required as a condition of enrollment of all students.

(10)   'Designated beneficiary' means the individual who is designated as the beneficiary of amounts paid or to be paid to the South Carolina Tuition Prepayment Program or, in the case of a change in beneficiaries as permitted under this chapter, the individual who is the new beneficiary.

Section 59-4-30.   (A)   The South Carolina Tuition Prepayment Program is created as a program within the Budget and Control Board. The chief administrative and operating official for the program is the director who must be appointed and supervised by the executive director of the board. The director must be a state official or employee.

(B)   The board is responsible for developing and adopting the investment policies, guidelines, and strategies for the fund and determining the costs, termination, and withdrawal options of the prepaid tuition contracts. The board shall promulgate regulations in accordance with the Administrative Procedures Act which:

(1)   provide for the number and types of contract plans to be offered, to include both public and independent colleges and universities;

(2)   prescribe the terms and conditions of the prepaid tuition contracts, including the terms and conditions under which funds may be withdrawn or refunds made from the fund;

(3)   prescribe the requirements, procedures, and guidelines regarding advanced payment contracts;

(4)   provide for the contract contents to include, at a minimum, tuition and credit hour guarantees, beneficiary substitutions, default, withdrawal, refund, termination and penalty information, and contributor payment amounts and conditions;

(5)   provide for the receipt of advance payments;

(6)   prescribe guidelines governing the program;

(7)   provide for the charging and retention of fees for the cost of services and administration of the fund;

(8)   prescribe the investment and management policies of the fund; and

(9)   prescribe other policies, procedures, and criteria necessary to implement and administer the program.

These regulations shall be developed in consultation with the chairmen or their designees of the Senate Finance Committee, the Senate Education Committee, the House Ways and Means Committee and the House Education and Public Works Committee and submitted in sufficient time for the General Assembly to begin its approval process by January 15, 1998. It is the intent of the General Assembly to have these regulations in force in time so that the program may begin to offer contracts by July 1, 1998.

Section 59-4-40.   The fund is created as a nonpublic special, revolving fund to be established and maintained by the State of South Carolina. The fund shall consist of monies received from contributors, other monies acquired from governmental and private sources, and proceeds from the investments of the fund. The fund is to expend funds only for the purposes of this chapter and is at no time to be considered public funds. There must be a separate accounting for each designated beneficiary.

The fund must be invested as directed by the board. However, earnings in the fund or any portion of the fund must not be used as security for a loan. An attempt to use the fund, a contract, or a portion of either as security for a loan is void. The fund may be invested in any manner authorized by law. The custody and management of the fund is directed by the board. The earnings from fund investments become a part of the fund and may be expended only for the purposes of this chapter.

Section 59-4-50. An act or undertaking of the program shall not constitute a debt of the State or any agency, department, institution, or political subdivision thereof, or a pledge of the full faith and credit of the State or any agency, department , institution, or political subdivision, but is payable solely from the monies in the fund.

Section 59-4-60.   All of the agencies, departments, and institutions of higher learning of the State are required to provide reasonable cooperation and assistance to the board and the director in the implementation of the program under this chapter. Colleges and universities shall make every effort to restrict tuition increases to no more than the annual higher education price index.

Section 59-4-70.   Upon implementation of the program, the director or his designee shall prepare an annual financial report of the fund and the program. This report must be submitted to the board on the date required by the board and in the format prescribed by the board. The program and the fund also must be subject to audit by the State Auditor or his designee. The director or his designee annually shall evaluate the actuarial soundness of the fund and report this information to the board.

Section 59-4-80.   The director shall solicit answers to applicable ruling requests from the Internal Revenue Service regarding the tax status of fees paid pursuant to a prepaid tuition contract to the contributor and to the designated beneficiary and from the Securities and Exchange Commission regarding the application of federal securities laws to the program. The director shall make the status of these requests known to the board. In accordance with any applicable law or Internal Revenue Service ruling, the board shall structure the program in order to allow for federal tax deferral on contributions to the fund./

Amend sections, totals and title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

Having received the requisite vote under Rule 24B, the amendment was adopted.

Section 4 received the requisite vote under the provisions of Rule 24B.

Section 5 received the requisite vote under the provisions of Rule 24B.

Senator McGILL proposed the following Amendment No. 17 (GJK\20672SD.97), which was adopted:

Amend the bill, as and if amended, Part II, Section 6, by striking the last paragraph of Section 59-39-100 of the 1976 Code which begins on line 33, page 552, and inserting:

/Beginning with the graduating class of school year 2000-2001, the minimum number of units required for a high school diploma is twenty-four units as prescribed by the State Board of Education, with one additional unit required in mathematics, science, and computer science. Students who earn two units of science and six or more units in a specific occupational service area shall meet the science requirements for a state high school diploma.

Nothing herein prohibits local boards of trustees from establishing additional requirements for recognizing academic achievement beyond the minimum requirements for a high school diploma. No student is required to satisfy these additional requirements in order to receive a state high school diploma./

Amend the bill further, as and if amended, by striking the caption to SECTION 6 which begins on line 15, page 552, and inserting:

/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 GRADUATING CLASS OF SCHOOL YEAR 2000-2001 AND THEREAFTER, THE NUMBER OF UNITS REQUIRED FOR A DIPLOMA IS TWENTY-FOUR, RATHER THAN TWENTY, TO SPECIFY WHAT UNITS MUST BE EARNED; AND TO REPEAL SECTION 59-29-160 RELATING TO UNITS OF MATHEMATICS REQUIRED FOR HIGH SCHOOL GRADUATION./

Renumber sections to conform.

Amend totals and title to conform.

Senator McGILL explained the amendment.

Senator SETZLER spoke on the amendment.

Senator SETZLER moved that the amendment be adopted.

Having received the requisite vote under Rule 24B, the amendment was adopted.

The question then was the vote required under Rule 24B on Section 6, as amended.

Senator SHORT objected.

Senator SETZLER spoke on the question

Senator SHORT argued contra to Section 6.

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

Alexander                 Bryan                     Cork
Courson                   Courtney                  Drummond
Elliott                   Giese                     Gregory
Hayes                     Hutto                     Land
Lander                    Leatherman                Martin
McConnell                 McGill                    Mescher
Moore                     O'Dell                    Passailaigue
Patterson                 Peeler                    Rankin
Reese                     Rose                      Ryberg
Saleeby                   Setzler                   Smith, J. Verne
Waldrep                   Washington                Wilson

Anderson                  Fair                      Ford
Glover                    Jackson                   Short
Thomas                    

Section 6 received the requisite vote under the provisions of Rule 24B.

Section 10 received the requisite vote under the provisions of Rule 24B.

Section 13 received the requisite vote under the provisions of Rule 24B.

Section 17 received the requisite vote under the provisions of Rule 24B.

Section 19 received the requisite vote under the provisions of Rule 24B.

Section 20 received the requisite vote under the provisions of Rule 24B.

Senator SETZLER explained the section.

Section 22 received the requisite vote under the provisions of Rule 24B.

Senator PASSAILAIGUE desired to be recorded as voting against Section 22.

Senator DRUMMOND explained the section.

Section 23 received the requisite vote under the provisions of Rule 24B.

Senators LANDER and BRYAN proposed the following Amendment No. 19 (GJK\20673SD.97), which was not adopted:

Amend the bill, as and if amended, Part II, Section 27, by striking subsection B. which begins on line 5, page 561, and inserting:

/B.   Section 20-7-1410 of the 1976 Code, as last amended by Part II, Section 85E, Act 145 of 1995, is further amended by adding a new paragraph at the end to read:

"In addition to the above judges authorized by this section, there must be three additional family court judges elected by the General Assembly from the State at large for terms of office for six years. These additional judges must be elected without regard to county or circuit of residence. Each office of the at-large family court judges is a separate office and is assigned numerical designations of Seat No. 1 through Seat No. 3 respectively. These judges shall be assigned within the family court system in the manner the Chief Justice shall direct."/

Amend further, as and if amended, in Part, II, by striking /SO AS TO ADD AN ADDITIONAL JUDGE FOR THE FIRST, NINTH, AND SIXTEENTH CIRCUITS/ in the caption of SECTION 27, which begins on line 10, page 560, and inserting

/SO AS TO ADD THREE ADDITIONAL AT-LARGE FAMILY COURT JUDGES/

Renumber sections to conform.

Amend totals and title to conform.

Senator BRYAN explained the amendment.

Senator BRYAN moved that the amendment be adopted.

Senators ROSE and LAND argued contra to the adoption of the amendment.

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

Anderson                  Bryan                     Courson
Elliott                   Giese                     Lander
Saleeby                   Setzler                   Thomas
Wilson                    

Alexander                 Cork                      Courtney
Fair                      Glover                    Gregory
Hayes                     Hutto                     Jackson
Land                      Leatherman                Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell
Passailaigue              Patterson                 Peeler
Rankin                    Ravenel                   Reese
Rose                      Ryberg                    Short
Smith, J. Verne           Waldrep                   Washington
Williams                  

Amendment No. 19 failed to receive the requisite vote under Rule 24B and was not adopted.

Senator BRYAN proposed the following Amendment No. 49 (3400R308.JEB), which was not adopted:

Amend the bill, as and if amended, Part II, page 560, by striking lines 18 through 38 and continuing on to page 561, by striking lines 1 through 3 and inserting in lieu thereof the following:

/"Section 14-5-610.   The State is divided into sixteen judicial circuits as follows:

(1)   The first circuit is composed of the counties of Calhoun, Dorchester, and Orangeburg.

(2)   The second circuit is composed of the counties of Aiken, Bamberg, and Barnwell.

(3)   The third circuit is composed of the counties of Clarendon, Lee, Sumter, and Williamsburg.

(4)   The fourth circuit is composed of the counties of Chesterfield, Darlington, Marlboro, and Dillon.

(5)   The fifth circuit is composed of the counties of Kershaw and Richland.

(6)   The sixth circuit is composed of the counties of Chester, Lancaster, and Fairfield.

(7)   The seventh circuit is composed of the counties of Cherokee and Spartanburg.

(8)   The eighth circuit is composed of the counties of Abbeville, Greenwood, Laurens, and Newberry.

(9)   The ninth circuit is composed of the counties of Charleston and Berkeley.

(10)   The tenth circuit is composed of the counties of Anderson and Oconee.

(11)   The eleventh circuit is composed of the counties of Lexington, McCormick, Saluda, and Edgefield.

(12)   The twelfth circuit is composed of the counties of Florence and Marion.

(13)   The thirteenth circuit is composed of the counties of Greenville and Pickens.

(14)   The fourteenth circuit is composed of the counties of Allendale, Hampton, Colleton, Jasper, and Beaufort.

(15)   The fifteenth circuit is composed of the counties of Georgetown and Horry.

(16)   The sixteenth circuit is composed of the counties of York and Union.

One judge must be elected from the first, second, sixth, twelfth, and sixteenth circuits. Two judges must be elected from the third, fourth, seventh, eighth, tenth, eleventh, fourteenth, and fifteenth circuits. Three judges must be elected from the fifth, ninth, and thirteenth circuits.

In addition to the above judges authorized by this section, there must be thirteen sixteen additional circuit judges elected by the General Assembly from the State at large for terms of office of six years. These additional judges must be elected without regard to county or circuit of residence. Each office of the at-large judges is a separate office and is assigned numerical designations of Seat No. 1 through Seat No. 13 16 respectively."/

Amend sections, totals and title to conform.

Senator BRYAN explained the amendment.

Senator MARTIN assumed the Chair at 3:50 P.M.

Senator BRYAN explained the amendment.

Senator LAND argued contra to the adoption of the amendment.

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

Bryan                     Courson                   Elliott
Ford                      Giese                     Lander
Saleeby                   Setzler                   Smith, J. Verne
Thomas                    Wilson                    

Alexander                 Anderson                  Cork
Courtney                  Fair                      Glover
Gregory                   Hayes                     Hutto
Jackson                   Land                      Leatherman
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore
O'Dell                    Passailaigue              Patterson
Peeler                    Rankin                    Ravenel
Reese                     Rose                      Ryberg
Short                     Waldrep                   Washington
Williams                  

Amendment No. 49 failed to receive the requisite vote under Rule 24B and was not adopted.

Senator HUTTO proposed the following Amendment No. 35 (3400R204.CBH), which was not adopted:

Amend the bill, as and if amended, Part II, SECTION 27, page 561, by striking lines 8 through 37 and inserting in lieu thereof the following:

/"Section 20-7-1410.   (A)   The General Assembly shall elect a number of family court judges from each judicial circuit as follows:

First Circuit                 Two Three Judges

Second Circuit               Two Judges

Third Circuit                 Three Judges

Fourth Circuit               Three Judges

Fifth Circuit                 Four Judges

Sixth Circuit                 Two Judges

Seventh Circuit               Three Judges

Eighth Circuit               Three Judges

Ninth Circuit                 Five Six Judges

Tenth Circuit                 Three Judges

Eleventh Circuit               Three Judges

Twelfth Circuit               Three Judges

Thirteenth Circuit             Five Judges

Fourteenth Circuit             Three Judges

Fifteenth Circuit             Three Judges

Sixteenth Circuit             Two Three Judges

(B)   In the following judicial circuits at least one family court judge must be a resident of each county in the circuit: fifth, seventh, ninth, tenth, twelfth, thirteenth, fifteenth, and sixteenth. In those judicial circuits made up of three or more counties at least one family court judge must be a resident of one of the counties which does not have the largest population in the circuit. In the ninth circuit, both counties in the circuit must have at least two resident family court judges.

(C)   No county in the sixth circuit shall have more than one resident family court judge."

(D)   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, except that this requirement does not apply to incumbent family court judges seeking reelection in those judicial circuits made up of five counties."

C.   Those additional circuit court and family court judges authorized by the provisions of subsections (A) and (B) of this section shall take office May 17, 1998, and the Judicial Merit Selection Commission on the effective date of this section shall begin the process of nominating candidates for these offices and the General Assembly shall then elect such judges from the nominees of the commission so that these judges may take office on May 17, 1998. Section 20-7-1410(D) takes effect May 1, 1998./

Amend sections, totals and title to conform.

Senator HUTTO explained the amendment.

Senator HUTTO moved that the amendment be adopted.

Senator CORK argued contra to the adoption of the amendment.

Senator MATTHEWS argued in favor of the adoption of the amendment.

Senator CORK moved to lay the amendment on the table.

The PRESIDENT ordered a division vote.

By a division vote of 16-10, the Senate refused to table the amendment.

The question then was the adoption of the amendment.

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

Anderson                  Bryan                     Elliott
Fair                      Glover                    Hutto
Jackson                   Land                      Matthews
McGill                    Moore                     O'Dell
Patterson                 Peeler                    Rankin
Reese                     Setzler                   Short
Waldrep                   Washington                Williams

Alexander                 Cork                      Courson
Courtney                  Giese                     Gregory
Lander                    Martin                    McConnell
Mescher                   Ravenel                   Rose
Ryberg                    Saleeby                   Wilson

The amendment failed to receive the requisite vote under Rule 24B and was not adopted.

Section 28 received the requisite vote under the provisions of Rule 24B.

Senator DRUMMOND explained the section.

Section 30 received the requisite vote under the provisions of Rule 24B.

Senator DRUMMOND explained the section.

Section 31 received the requisite vote under the provisions of Rule 24B.

Senator J. VERNE SMITH proposed the following Amendment No. 23 (BBM\9435MM.97), which was adopted:

Amend the bill, as and if amended, by striking SECTION 32, page 564, beginning on line 7 and inserting:

TO AMEND SECTION 56-3-2350, AS AMENDED, OF THE 1976 CODE, RELATING TO TRANSPORTER MOTOR VEHICLE LICENSE PLATES, SO AS TO LIMIT THEIR USE TO MOVEMENT OF MOTOR VEHICLES FROM A MANUFACTURER TO A DEALER OR DISTRIBUTOR, IN CONNECTION WITH THE CONSTRUCTION OF VEHICLE CABS OR BODIES, AND MOVING FORECLOSED OR REPOSSESSED VEHICLES AND TO PROHIBIT THE USE OF THESE PLATES ON VEHICLES LOANED, RENTED, OR LEASED TO EMPLOYEES OF THE TRANSPORTER OR ANY OTHER INDIVIDUALS; TO AMEND SECTION 56-19-220, RELATING TO EXEMPTIONS FROM MOTOR VEHICLE TITLING REQUIREMENTS, SO AS TO EXEMPT CERTAIN VEHICLES USED BY AN AUTOMOBILE MANUFACTURER IN ITS EMPLOYEE BENEFIT PROGRAM OR FOR TESTING AND PROMOTIONAL PURPOSES; AND BY ADDING SECTION 56-3-2332 SO AS TO AUTHORIZE THE DEPARTMENT OF PUBLIC SAFETY TO ISSUE REGULAR LICENSE PLATES FOR CERTAIN VEHICLES USED IN AN AUTOMOBILE MANUFACTURER'S EMPLOYEE BENEFIT PROGRAM OR FOR TESTING AND PROMOTIONAL PURPOSES, TO PROVIDE AN ANNUAL FEE OF SIX HUNDRED NINETY SEVEN DOLLARS AND FORTY-SIX CENTS FOR THESE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF THE FEE REVENUE, AND TO PROVIDE FOR REEVALUATING THE ANNUAL FEE.

(A)   Section 56-3-2350 of the 1976 Code, as amended by Act 497 of 1994, is further amended to read:

"Section 56-3-2350.   A person engaged in a the business of limited operation of motor vehicles to facilitate the manufacture or the movement of vehicles from a manufacturer to a dealer or distributor, or for the movement of vehicles to further the construction of cabs or bodies, or in connection with the foreclosure or repossession of these motor vehicles may apply to the department for special registration to be issued to and used by the person upon the following conditions:

(1)   The application must be in a form prescribed by the department to include the applicable liability insurance as prescribed by statute and filed with the department each year. The application must include the name and residence address of the applicant as follows:

(a)   if an individual, the name under which he intends to conduct business;

(b)   if a partnership, the name and residence address of each member of the partnership and the name under which the business is to be conducted;

(c)   if a corporation, the name and company addresses of the corporation and the name and residence address of each of its officers.

(2)   The application must be certified by the applicant and by an agent of the department to verify the facts set forth in the application.

(3)   The annual fee for registration is fifty dollars, plus an annual fee of ten dollars for each license plate.

(4)   License plates authorized by this section must not be used on vehicles that are loaned, rented, or leased by the licensed transporter to employees or any other individuals."

(B)   Section 56-19-220 of the 1976 Code is amended by adding at the end:

"(10)   A vehicle used by its manufacturer in a benefit program for the manufacturer's employees.

(11)   A vehicle used by its manufacturer for testing, distribution, evaluation, and promotion, subject to the limitation in Section 56-3-2332(B)(2)."

(C)   Article 25, Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Section 56-3-2332.   (A)   Upon application and payment of the required fee, the department may issue a standard license plate to a manufacturer for vehicles it has manufactured and which are used in a benefit program for the manufacturer's employees or used by the manufacturer for testing, distribution, evaluation, and promotion.

(B)   The annual registration fee for this plate is six hundred ninety-seven dollars and forty-six cents.

(1)   The plates issued in connection with an employee benefit program may be used only on vehicles provided for the applicant's employees. In the application, the manufacturer shall notify the department in which county the employee assigned the vehicle resides. Twenty dollars of the fee must be credited to the general fund of the State and six hundred seventy-seven dollars and forty-six cents must be remitted to the county noted on the application. Amounts received by a county pursuant to this subsection must be credited to the accounts of taxing entities in the county as if it were a county property tax and are instead of state sales or use taxes. If the employee resides outside this State, the fee must be credited pro rata to all other counties due amounts under this section. The names and addresses of the employees are not required to be submitted to the department, but the department may require the documentation it determines necessary to ensure compliance with the provisions of this section.

(2)   The plates issued in connection with testing, distribution, evaluation, and promotion, not to exceed fifty plates, may be used only for those purposes. Twenty dollars of the fee must be credited to the general fund of the State and six hundred seventy-seven dollars and forty-six cents must be remitted to the county in which the principal facility of the manufacturer is located. Amounts received by a county pursuant to this subsection must be credited to the accounts of taxing entities in the county as if it were a county property tax and are instead of state sales or use taxes. The department may require the documentation it determines necessary to ensure compliance with the provisions of this subsection.

(C)   The annual registration fee provided for in this section is derived by computing the average price of the vehicle manufacturer's fleet times the property tax rate times the state's average millage rate. Before December thirty-first of each odd numbered year, the manufacturer shall review the average price of its fleet and submit the cost to the House Ways and Means Committee and the Senate Finance Committee. The annual registration fee must be adjusted to reflect changes in the average cost of the manufacturer's fleet, the state's average millage rate, and the property tax rate. Any adjustment must be reflected in the annual appropriations act."/

Amend title to conform.

Senator J. VERNE SMITH explained the amendment.

Having received the requisite vote under the provisions of Rule 24B, the amendment was adopted.

Section 32 received the requisite vote under the provisions of Rule 24B.

The PRESIDENT assumed the Chair at 4:25 P.M.

Section 36 received the requisite vote under the provisions of Rule 24B.

Section 37 received the requisite vote under the provisions of Rule 24B.

Section 39 received the requisite vote under the provisions of Rule 24B.

Senator DRUMMOND explained the section.

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

Alexander                 Anderson                  Bryan
Cork                      Courson                   Courtney
Drummond                  Elliott                   Fair
Giese                     Glover                    Gregory
Hayes                     Hutto                     Land
Lander                    Leatherman                Martin
McConnell                 McGill                    Moore
O'Dell                    Passailaigue              Patterson
Peeler                    Rankin                    Ravenel
Reese                     Rose                      Saleeby
Setzler                   Short                     Smith, J. Verne
Thomas                    Waldrep                   Washington

Mescher                   Ryberg                    Wilson

Section 42 received the requisite vote under the provisions of Rule 24B.

Section 43 received the requisite vote under the provisions of Rule 24B.

Section 44 received the requisite vote under the provisions of Rule 24B.

Section 45 received the requisite vote under the provisions of Rule 24B.

Senator DRUMMOND explained the section.

On motion of Senator MOORE, with unanimous consent, Section 46 was carried over.

Senator DRUMMOND explained the section.

On motion of Senator MOORE, with unanimous consent, Section 47 was carried over.

Section 48 received the requisite vote under the provisions of Rule 24B.

Senator PASSAILAIGUE proposed the following Amendment No. 42 (PT\1255DW.97), which was adopted:

Amend the bill, as and if amended, Part II, SECTION 49, Section 1-1-1045, page 573, line 17, after /agency/, by striking /or institution/ and inserting /, excluding institutions of higher education,/.

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

Having received the requisite vote under the provisions of Rule 24B, the amendment was adopted.

Section 49 was carried over.

Senator DRUMMOND explained the section.

Section 50 received the requisite vote under the provisions of Rule 24B.

Senator ELLIOTT spoke on the section.

Senator LAND explained the section.

Section 51 received the requisite vote under the provisions of Rule 24B.

Senator DRUMMOND explained the section.

Senator DRUMMOND proposed the following Amendment No. 52 (3400R311.JWD), which was adopted:

Amend the bill, as and if amended, Part II, page 575, beginning on line 1, by striking Section 52 in its entirety and inserting in lieu thereof the following:

TO AMEND THE 1976 CODE BY ADDING SECTION 2-1-225 SO AS TO PROVIDE THAT CANDIDATES ELECTED BY THE GENERAL ASSEMBLY MUST RECEIVE A MAJORITY OF THE VOTES CAST BY MEMBERS OF THE HOUSE OF REPRESENTATIVES AND A MAJORITY OF THE VOTES CAST BY MEMBERS OF THE SENATE, AND TO PROVIDE THAT FUNDS MAY NOT BE EXPENDED BY EFFECTED ENTITIES UNLESS THE PROVISIONS OF THIS SECTION ARE FOLLOWED.

A.   Chapter 1, Title 2 of the 1976 Code is amended by adding:

"Section 2-1-225.   (A)   Notwithstanding any other provision of law, for those offices which are elected in a joint assembly of the General Assembly, in order to be elected and qualified to take office a candidate must receive a majority of the votes cast by the members of the House of Representatives and a majority of the votes cast by members of the Senate.

(B)   Effective on and after the date for an election occurring after the effective date of this act, no funds may be expended by an agency, department, board, commission whose governing body (in whole or in part) or officials within that particular entity are elected by a joint vote of the General Assembly unless the individual positions scheduled for election in FY 97-98 and thereafter are elected as provided in this section. The provisions of this section do not apply in FY 97-98 to those entities for which elections are not scheduled during the fiscal year."

B.   This section takes effect upon approval by the Governor./

Amend sections, totals and title to conform.

Having received the requisite vote under the provisions of Rule 24B, the amendment was adopted.

Section 52 received the requisite vote under the provisions of Rule 24B.

Section 53 was carried over.

Senator GIESE proposed the following Amendment No. 20 (GJK\20680SD.97), which was not adopted:

Amend the bill, as and if amended, PART II, SECTION 54, beginning on page 576, by adding an appropriately lettered subsection to read:

/( )   (1)   Article 20, Chapter 21, Title 12 of the 1976 Code is amended by adding:

"Section 12-21-2777.   (A)   An additional license fee at the rate of ten percent is imposed on the gross revenue derived from a machine licensed pursuant to Section 12-21-2720(A).

(B)   The license fee is due and payable on a monthly basis, on or before the twentieth day of the month, and the person liable for the license fee on the due date shall make a return to the department, in a form it prescribes, showing the total gross revenue of the machine for the previous month, and remit the license fee with it.

(C)   The person making the report required pursuant to Section 12-21-2776(B) is liable for the license fee.

(D)   Enforcement and collection of this license fee are as provided in Chapter 54 of this title. The tax must be credited to the Children's Education Endowment as provided in Chapter 143 of Title 59.

(E)   The license fee imposed by the provisions of this section is in addition to all other taxes and license fees provided by law on these machines."

(2)   The provisions of this subsection take effect June 15, 1998./

Amend further, by adding at the end of the caption to SECTION 54 beginning on line 2, page 578, the following:

/TO AMEND ARTICLE 20, CHAPTER 21, TITLE 12, OF THE 1976 CODE, RELATING TO REGULATION OF VIDEO GAME MACHINES, BY ADDING SECTION 12-21-2777 SO AS TO IMPOSE A TEN PERCENT ADDITIONAL LICENSE FEE ON THE GROSS REVENUE FROM LICENSED MACHINES, TO PROVIDE FOR THE PROCESS FOR ENFORCEMENT AND COLLECTION OF THE LICENSE FEE, AND TO PROVIDE THAT FUNDS RAISED FROM THE LICENSE FEE BE CREDITED TO THE CHILDREN'S EDUCATION ENDOWMENT./

Renumber sections to conform.

Amend totals and title to conform.

Senator GIESE explained the amendment.

Senator PASSAILAIGUE raised a Point of Order that the amendment was out of order inasmuch as it was violative of Article III, Section 15 of the S.C. Constitution.

Senators LEATHERMAN, GIESE, HAYES and PASSAILAIGUE spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator GIESE explained the amendment.

Senator LAND argued contra to the adoption of the amendment.

Senator LAND moved to lay the amendment on the table.

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

Cork                      Courtney                  Elliott
Ford                      Glover                    Hutto
Land                      McConnell                 Mescher
Passailaigue              Patterson                 Peeler
Rose                      Saleeby                   Washington

Alexander                 Anderson                  Bryan
Courson                   Drummond                  Fair
Giese                     Gregory                   Hayes
Lander                    Leatherman                Martin
Matthews                  McGill                    Moore
O'Dell                    Rankin                    Ravenel
Reese                     Ryberg                    Smith, J. Verne
Thomas                    Waldrep                   Williams
Wilson                    

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

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

Alexander                 Anderson                  Bryan
Courson                   Drummond                  Fair
Giese                     Gregory                   Hayes
Lander                    Leatherman                Martin
Matthews                  McGill                    Moore
O'Dell                    Rankin                    Ravenel
Reese                     Rose                      Ryberg
Smith, J. Verne           Thomas                    Waldrep
Wilson                    

Cork                      Courtney                  Elliott
Ford                      Glover                    Hutto
Land                      McConnell                 Mescher
Passailaigue              Patterson                 Peeler
Saleeby                   Washington                Williams

Having failed to receive the requisite vote under the provisions of Rule 24B, the amendment was not adopted.

I voted against the Giese amendment because we do not know how much money will be raised and this spending priority should be weighed against all others based on the set amount available. There are other programs that should be weighed against this and we should know what ten (10%) percent means.

Senator PASSAILAIGUE proposed the following Amendment No. 44 (3400R316.ELP), which was tabled:

Amend the bill, as and if amended, Part II, Section 54, page 585, by striking line 23 and inserting in lieu thereof the following:

/Subsections A, I, L, M, N, P, and R of this section are effective May 31, 1998. The remaining subsections are /

Amend sections, totals and title to conform.

Senator PASSAILAIGUE explained the amendment.

Senators HAYES, PEELER and RYBERG argued contra to the adoption of the amendment.

Senator DRUMMOND spoke on the amendment.

Senator GREGORY argued contra to the adoption of the amendment.

Senator LAND spoke on the amendment.

On motion of Senator LAND, with unanimous consent, the following amendment was taken up for immediate consideration.

Senator LAND proposed the following Amendment No. 69 (3400R322.JCL), which was adopted:

Amend the bill, as and if amended, page 581, line 7, by striking /June 1, 1999/ and inserting in lieu thereof the following:

/   April 1, 1998   /

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

On motion of Senator LAND, with unanimous consent, the amendment was adopted.

Senator HAYES moved to lay Amendment No. 44 on the table.

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

Alexander                 Anderson                  Bryan
Courson                   Drummond                  Fair
Giese                     Gregory                   Hayes
Lander                    Leatherman                Martin
McConnell                 McGill                    Moore
O'Dell                    Peeler                    Rankin
Ravenel                   Reese                     Rose
Ryberg                    Short                     Smith, J. Verne
Thomas                    Waldrep                   Wilson

Cork                      Courtney                  Elliott
Ford                      Glover                    Land
Matthews                  Mescher                   Passailaigue
Patterson                 Saleeby                   Washington
Williams                  

Amendment No. 44 was laid on the table.

Section 54 received the requisite vote under the provisions of Rule 24B.

On motion of Senator DRUMMOND, debate was interrupted by adjournment.

On motion of Senator PASSAILAIGUE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Frederick William "Gunner" Ohlandt, Jr. of Charleston, S.C.

At 5:55 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 10:00 A.M.

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