Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear the words of Isaiah in that marvelous Fortieth Chapter (v. 31):
"Have you not known? Have you not heard?
The Lord is the everlasting God...
He does not faint or grow weary;...
He gives power to the faint,...
Even youths will faint and be weary,...
But those who wait for the Lord shall
renew their strength, they shall mount
up with wings like eagles,
They shall run and not be weary,
They shall walk and not faint."
Let us pray.
Our Father, the Ruler of the world and all of Creation, Judge of even us all: renew the strength of body, mind, and spirit of this Senate that we love, and all the staff, and all who bear any responsibility in this General Assembly, that no duty goes unfulfilled, and no worthy purpose of our people hindered, or obstructed, or frustrated, or defeated.
In this moment of prayer, we claim the promise that the renewal of strength is the gift of those who "wait upon the Lord."
Amen!

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

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, Chesterfield County Magistrates, with terms to commence April 30, 1994, and to expire April 30, 1998:
Honorable Richard R. Lee, Route 1, Box 366-A, Cheraw, S.C. 29520
Honorable Robin R. Johnson, Post Office Box 396, Jefferson, S.C. 29718
Honorable James H. Tilley, Route 2, Box 727, Cheraw, S.C. 29520

April 21, 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, Chesterfield County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:
Honorable Elizabeth E. Burch, Route 1, Box 40, Chesterfield, S.C. 29709

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

Document No. 2191
Promulgated by Department of Natural Resources
Hunt Units and Wildlife Management Areas
Received by Lt. Governor June 3, 1997
Referred to Senate Committee on Fish, Game and Forestry
120 day review expiration date October 1, 1997
(Subject to Sine Die Revision)

Senator RAVENEL introduced Dr. Warren Adkins of Mt. Pleasant, S.C., Doctor of the Day.

At 12:55 P.M., Senator WILLIAMS requested a leave of absence for the balance of the day.

At 1:15 P.M., Senator SETZLER requested a leave of absence for the balance of the day in order to attend a graduation ceremony for his daughter.

At 1:14 P.M., Senator DRUMMOND asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 2:45 P.M.
There was no objection and a message was sent to the House accordingly.

H. 4206 (Word version) -- Rep. G. Brown: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON SEPTEMBER 6, 1996, BY THE STUDENTS OF THE SCHOOL DISTRICT OF LEE COUNTY FOR SCHOOL YEAR 1996-97 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

Senator LEVENTIS asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Education.
There was no objection.

On motion of Senator LEVENTIS, with unanimous consent, the Joint Resolution was read the second time, passed and ordered to a third reading.

On motion of Senator LEVENTIS, with unanimous consent, H. 4206 was ordered to receive a third reading on Thursday, June 6, 1997.

H. 4036 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO DAMS AND RESERVOIRS SAFETY ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2160, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator LEVENTIS asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Agriculture and Natural Resources.
There was no objection.

The Joint Resolution was read the second time, passed and ordered to a third reading with notice of general amendments.

H. 3840 (Word version) -- Reps. Battle, M. Hines and Miller: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF UNITED STATES HIGHWAY 76 IN MARION COUNTY, FROM THE EASTERN CITY LIMITS OF THE CITY OF MULLINS TO THE LITTLE PEE DEE RIVER, THE "MCMILLAN HIGHWAY".

Senator ELLIOTT asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.

On motion of Senator ELLIOTT, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House of Representatives.

Columbia, S.C., June 3, 1997

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Bailey, Sandifer and Tripp of the Committee of Conference on the part of the House on:
S. 236 (Word version) -- Senators McConnell, Passailaigue and Giese: A BILL TO AMEND CHAPTER 9, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES, SO AS TO REVISE THE REQUIREMENTS FOR THESE CODES AND THE MANNER IN WHICH COUNTIES AND MUNICIPALITIES MUST ADOPT AND ENFORCE SUCH CODES, REVISE THE MEMBERSHIP OF THE BUILDING CODES COUNCIL, REVISE PENALTIES, PROVIDE FOR DUTIES OF THE STATE FIRE MARSHAL AND DEPUTY FIRE MARSHALS IN REGARD TO THESE CODES, AND PROVIDE FOR LIMITED APPLICATION OF THE CHAPTER; TO AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR BUILDING CODES ENFORCEMENT OFFICERS AND FOR THEIR FUNCTIONS, DUTIES, AND REGISTRATION; BY ADDING SECTION 38-7-35 SO AS TO PROVIDE THE FIRST TWO HUNDRED FIFTY THOUSAND DOLLARS OF THE PREMIUM TAX LEVIED ON FIRE INSURERS MUST BE USED FOR THE PURPOSE OF IMPLEMENTING THE TRAINING, CERTIFICATION, AND CONTINUING EDUCATION PROGRAM FOR BUILDING CODES ENFORCEMENT OFFICERS.
Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 3, 1997

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 510 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 56-3-1290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF LICENSE PLATES FROM ONE MOTOR VEHICLE TO ANOTHER MOTOR VEHICLE OF THE SAME VEHICLE OWNER OR LESSEE, SO AS TO ALLOW THE TRANSFER OF THE PLATE ONLY WHEN THE OWNER OR LESSEE HAS ASSIGNED TO ANOTHER THE TITLE TO OR LEASE ON THE VEHICLE FROM WHICH THE PLATE IS TRANSFERRED.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 4, 1997

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3180 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-17-665, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITS ON THE AMOUNT OF SHRIMP AUTHORIZED TO BE TAKEN OVER BAIT, SO AS TO IMPOSE CATCH AND POSSESSION LIMITS ON SHRIMP, AND TO REVISE THE PENALTIES FOR VIOLATIONS INCLUDING THE FORFEITURE OF SPECIFIED PERSONAL PROPERTY FOR CERTAIN VIOLATIONS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 3, 1997

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3207 (Word version) -- Reps. Seithel and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-35 SO AS TO PROHIBIT DRINKING GAMES IN ESTABLISHMENTS WHICH SELL ALCOHOLIC LIQUORS FOR CONSUMPTION ON THE PREMISES, TO PROVIDE PENALTIES, AND TO DEFINE "DRINKING GAMES" AND "ALCOHOLIC LIQUORS".
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 4, 1997

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3272 (Word version) -- Reps. Cato, Limehouse, H. Brown, Tripp, Cooper, Chellis, Seithel, Young-Brickell, Carnell, Mason, Meacham, Bailey, Haskins, Gamble, Allison, Trotter, Robinson, Sandifer, Lee, Govan, Law, Sharpe, Loftis, Phillips, Limbaugh, Harrell, J. Smith, J. Brown, Boan, Simrill, Wilkes and Neilson: A BILL TO AMEND SECTION 37-10-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR THE VIOLATION OF CERTAIN LOAN PROVISIONS UNDER THE CONSUMER PROTECTION CODE, SO AS TO DELETE CERTAIN PENALTY PROVISIONS, TO CREATE AN INDIVIDUAL CAUSE OF ACTION, AND TO PROHIBIT A CLASS ACTION FOR A VIOLATION OF THE CHAPTER; AND TO MAKE THESE PROVISIONS APPLY TO CAUSES OF ACTION, INCLUDING APPEALS, PENDING ON THE EFFECTIVE DATE OF THIS ACT AND TO ACTIONS FILED ON AND AFTER THAT DATE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 4, 1997

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3366 (Word version) -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-614 SO AS TO PROVIDE IMMUNITY FROM CIVIL OR CRIMINAL LIABILITY FOR A LAW ENFORCEMENT OFFICER WHO TAKES A CHILD INTO EMERGENCY PHYSICAL CUSTODY OR EMERGENCY PROTECTIVE CUSTODY.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 3, 1997

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3419 (Word version) -- Reps. Cobb-Hunter, R. Smith, Harrell, Kennedy and Harvin: A BILL TO AMEND SECTIONS 59-127-310, 59-127-320, 59-127-400, 59-127-440, AND 59-127-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL OBLIGATION BONDS OF SOUTH CAROLINA STATE UNIVERSITY, SO AS TO DEFINE "NET ATHLETIC REVENUES" AND ADD THESE REVENUES TO THOSE REVENUE SERVICES PREVIOUSLY AVAILABLE FOR DEBT SERVICE ON THESE BONDS, TO REMOVE THE THREE MILLION DOLLAR OUTSTANDING DEBT LIMIT FOR THESE BONDS, TO AUTHORIZE BOND PROCEEDS TO BE USED FOR ACQUIRING, CONSTRUCTING, RECONSTRUCTING, RENOVATING, OR EQUIPPING ATHLETIC FACILITIES, AND TO REFUND PREVIOUSLY ISSUED BONDS, AND TO DELETE PROVISIONS RELATING TO ADVERTISING OF ISSUES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 4, 1997

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3546 (Word version) -- Reps. Knotts, Whatley, Bauer, Rice and Koon: A BILL TO AMEND SECTION 20-7-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING EMERGENCY PHYSICAL OR PROTECTIVE CUSTODY OF A CHILD BY LAW ENFORCEMENT OFFICERS, SO AS TO CHANGE THE TIME WITHIN WHICH THE DEPARTMENT OF SOCIAL SERVICES SHALL CONDUCT A PRELIMINARY INVESTIGATION TO DETERMINE WHETHER GROUNDS FOR ASSUMING LEGAL CUSTODY OF THE CHILD EXIST; TO PROVIDE THAT UPON CONCLUDING AFTER A PRELIMINARY INVESTIGATION THAT THE CHILD SHOULD BE RETURNED TO THE CHILD'S PARENT, GUARDIAN, OR CUSTODIAN, THE DEPARTMENT SHALL CONSULT WITH THE LAW ENFORCEMENT AGENCY RATHER THAN THE LAW ENFORCEMENT OFFICER WHO TOOK EMERGENCY PHYSICAL CUSTODY OF THE CHILD, AND THAT IF THE AGENCY OBJECTS TO THE RETURN OF THE CHILD, THE DEPARTMENT MUST ASSUME LEGAL CUSTODY OF THE CHILD UNTIL A PROBABLE CAUSE HEARING CAN BE HELD; TO CHANGE THE TIME WITHIN WHICH THE DEPARTMENT OF SOCIAL SERVICES SHALL CONDUCT A PRELIMINARY INVESTIGATION UNDER THIS SECTION TO NINETY-SIX HOURS RATHER THAN SEVENTY-TWO HOURS AFTER THE CHILD WAS TAKEN INTO EMERGENCY PROTECTIVE CUSTODY BY A LAW ENFORCEMENT OFFICER; TO PROVIDE THAT THE FAMILY COURT SHALL SCHEDULE A PROBABLE CAUSE HEARING TO BE HELD WITHIN NINETY-SIX HOURS RATHER THAN SEVENTY-TWO HOURS OF THE TIME THE CHILD WAS TAKEN INTO EMERGENCY PROTECTIVE CUSTODY OR WITHIN SEVENTY-TWO HOURS OF THE TIME THE CHILD WAS TAKEN INTO EMERGENCY PHYSICAL CUSTODY IF LEGAL CUSTODY SUBSEQUENTLY WAS ASSUMED BY THE DEPARTMENT; AND TO PROVIDE THAT IF THE FOURTH DAY, RATHER THAN THE THIRD DAY, FALLS UPON A SATURDAY, SUNDAY, OR HOLIDAY, THE PROBABLE CAUSE HEARING MUST BE HELD NO LATER THAN THE NEXT WORKING DAY.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 4, 1997

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3551 (Word version) -- Rep. Boan: A BILL TO AMEND SECTION 12-37-251, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE PROPERTY TAX RELIEF FUND, SO AS TO PROVIDE FOR CALCULATION OF THE PROPERTY TAX EXEMPTION USING THE LOWER OF THE SCHOOL OPERATING MILLAGE IMPOSED FOR TAX YEAR 1995 OR FOR THE CURRENT TAX YEAR; TO AMEND SECTION 12-37-750, RELATING TO THE ASSESSMENT AND COLLECTION OF PROPERTY NOT RETURNED, SO AS TO INCLUDE BUSINESS PERSONAL RETURNS FILED WITH THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO THE EQUALIZATION AND ASSESSMENT OF PROPERTY, SO AS TO PROVIDE A REVISED FORMULA FOR CALCULATION OF FAIR MARKET VALUE FOR AGRICULTURAL PURPOSES; TO AMEND SECTION 12-51-40, AS AMENDED, RELATING TO LEVY AND EXECUTION BY DISTRESS AND SALE OF PROPERTY TO SATISFY DELINQUENT COUNTY TAXES, SO AS TO PROVIDE COUNTIES THE ALTERNATIVE COLLECTION PROCEDURES PROVIDED FOR IN CHAPTER 56, TITLE 12; AND TO AMEND SECTION 12-60-2150, RELATING TO THE RIGHT OF A CONTESTED HEARING IN REFUND DETERMINATIONS, SO AS TO REPLACE "COUNTY ASSESSOR" WITH "LOCAL GOVERNING BODY".
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 4, 1997

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3553 (Word version) -- Rep. Boan: A BILL TO AMEND SECTION 12-37-266, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMESTEAD EXEMPTIONS FOR DWELLINGS HELD IN TRUST, SO AS TO PROVIDE FOR APPLICATION FOR THE EXEMPTION EFFECTIVE UNTIL OWNERSHIP STATUS CHANGES AND TO PROVIDE FOR PENALTIES FOR UNREPORTED CHANGES IN CLASSIFICATION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 2, 1997

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3607 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTION 44-96-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991 AND THE STATE SOLID WASTE ADVISORY COUNCIL, SO AS TO, AMONG OTHER THINGS, INCREASE THE MEMBERSHIP OF THE COUNCIL, PROVIDE FOR VARIOUS TERMS OF OFFICE, AND DELETE THE PROVISION REGARDING EXPIRATION OF THE EXISTENCE OF THE COUNCIL; TO AMEND SECTION 44-96-100, RELATING TO ADDITIONAL POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE SOLID WASTE POLICY AND MANAGEMENT ACT, SO AS TO ADD PROVISIONS WHICH PROVIDE, AMONG OTHER THINGS, THAT THE DEPARTMENT MAY ISSUE AN ORDER REQUIRING COMPLIANCE WITH A REGULATION OR BRING A CIVIL ACTION FOR INJUNCTIVE RELIEF OR REQUEST THE ATTORNEY GENERAL TO BRING CIVIL OR CRIMINAL ENFORCEMENT ACTION UNDER CERTAIN CIRCUMSTANCES, THAT THE DEPARTMENT MAY IMPOSE CERTAIN CIVIL PENALTIES, AND THAT WILFUL VIOLATION OF CERTAIN REGULATIONS IS A MISDEMEANOR; AND TO AMEND SECTIONS 44-96-400, 44-96-410, AND 44-96-420, RELATING TO THE SOLID WASTE POLICY AND MANAGEMENT ACT AND PROVISIONS GOVERNING WASTE MANAGEMENT, SO AS TO DELETE REFERENCE TO "ARTICLE" AND SUBSTITUTE "CHAPTER" THEREFOR.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 4, 1997

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3626 (Word version) -- Rep. Harrell: A BILL TO AMEND CHAPTER 21, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS LICENSE TAXES, BY ADDING ARTICLE 27 SO AS TO ENACT THE TOURISM INFRASTRUCTURE TAX ACT AND WHICH PROVIDES THAT A PORTION OF ADMISSIONS TAXES PAID TO CERTAIN TOURISM AND RECREATION FACILITIES MAY BE USED FOR ADDITIONAL INFRASTRUCTURE IMPROVEMENTS, PROVIDES FOR THE FUND INTO WHICH THESE REVENUES MUST BE DEPOSITED AND THE USES TO WHICH THEY MAY BE PUT FOR THE ADMINISTRATION AND DURATION OF THE PROGRAM, AND FOR THOSE FACILITIES ELIGIBLE TO PARTICIPATE; AND TO REPEAL SECTION 12-21-2423, RELATING TO A SIMILAR USE OF A PORTION OF ADMISSIONS TAX REVENUES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 4, 1997

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3628 (Word version) -- Reps. Kelley, Harrison, Davenport, Allison, Keegan and Hodges: A BILL TO AMEND CHAPTER 25, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENT AND EXECUTION BY ADDING ARTICLE 5 SO AS TO REQUIRE THAT THE NAME OF A DEFENDANT CONVICTED FOR AN OFFENSE BASED ON CHILD SEXUAL OR PHYSICAL ABUSE BE ENTERED IN THE CENTRAL REGISTRY FOR CHILD ABUSE AND NEGLECT MAINTAINED BY THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES; TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO DUTIES OF THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES, SO AS TO REVISE THE PROCEDURES FOR ENTERING THE NAME OF A PERPETRATOR IN THE CENTRAL REGISTRY FOR CHILD ABUSE AND NEGLECT; TO AMEND SECTION 20-7-670, AS AMENDED, RELATING TO CHILD ABUSE AND NEGLECT IN RESIDENTIAL INSTITUTIONS AND FOSTER HOMES, SO AS TO REQUIRE THE NAME OF A PERPETRATOR OF SUCH ABUSE OR NEGLECT IMMEDIATELY TO BE ENTERED ON THE CENTRAL REGISTRY UPON A FINDING OF THE ABUSE OR NEGLECT AND TO PROVIDE NOTICE REQUIREMENTS AND PROCEDURES FOR APPEAL; AND TO AMEND SECTION 20-7-680, AS AMENDED, RELATING TO THE CENTRAL REGISTRY FOR CHILD ABUSE AND NEGLECT, SO AS TO REVISE THE PROCEDURES FOR MAINTAINING INFORMATION ON THE REGISTRY.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 3, 1997

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3780 (Word version) -- Reps. Young, Askins, Woodrum, Inabinett, Simrill, Bailey, Riser and Kirsh: A BILL TO AMEND SECTION 16-11-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARSON, SO AS TO REVISE THE ELEMENTS OF ARSON IN THE FIRST, SECOND, AND THIRD DEGREES, AND REVISE THE PENALTIES FOR ARSON IN THE FIRST AND SECOND DEGREES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 3, 1997

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3802 (Word version) -- Rep. Boan: A BILL TO AMEND SECTION 12-54-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE PROHIBITION AGAINST DISCLOSURE OF INFORMATION FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO EXCEPT A DISCLOSURE MADE TO A STATE OR FEDERAL LEVEL GOVERNMENT OFFICIAL ELECTED FROM THE STATE OF SOUTH CAROLINA FROM WHOM THE TAXPAYER HAS SOUGHT ASSISTANCE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 3, 1997

Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:

S. 29 (Word version) -- Senators Holland and Giese: A BILL TO AMEND SECTION 24-13-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE, SO AS TO INCREASE THE POSSIBLE PENALTY TO A MAXIMUM OF THIRTY YEARS IMPRISONMENT; TO AMEND SECTION 16-1-60, RELATING TO THE DEFINITION OF VIOLENT CRIMES, SO AS TO DEFINE THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE AS A VIOLENT CRIME; TO AMEND SECTION 16-1-90(A) AND (C) RELATING TO THE CLASSIFICATION OF CRIMES, SO AS TO CLASSIFY THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE AS A CLASS A FELONY; AND TO AMEND SECTION 17-25-45(C)(1), RELATING TO THE DEFINITION OF MOST SERIOUS OFFENSE, SO AS TO DEFINE THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE AS A MOST SERIOUS OFFENSE.
Very respectfully,
Speaker of the House

S. 29 (Word version) -- Senators Holland and Giese: A BILL TO AMEND SECTION 24-13-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE, SO AS TO INCREASE THE POSSIBLE PENALTY TO A MAXIMUM OF THIRTY YEARS IMPRISONMENT; TO AMEND SECTION 16-1-60, RELATING TO THE DEFINITION OF VIOLENT CRIMES, SO AS TO DEFINE THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE AS A VIOLENT CRIME; TO AMEND SECTION 16-1-90(A) AND (C) RELATING TO THE CLASSIFICATION OF CRIMES, SO AS TO CLASSIFY THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE AS A CLASS A FELONY; AND TO AMEND SECTION 17-25-45(C)(1), RELATING TO THE DEFINITION OF MOST SERIOUS OFFENSE, SO AS TO DEFINE THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE AS A MOST SERIOUS OFFENSE.

Senator THOMAS asked unanimous consent to make a motion to request return of the Bill from the House of Representatives.
There was no objection.

A message was sent to the House accordingly.

Senator THOMAS asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.

On motion of Senator THOMAS, with unanimous consent, the Senate receded from its amendments to S. 29, and a message was sent to the House accordingly.
The Senate proceeded to a consideration of the Bill. The question being concurrence in the House amendments.

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

S. 409 (Word version) -- Senators Drummond, Bryan, Ford, Hayes, Holland, Hutto, Jackson, Land, Lander, Leventis, Martin, Matthews, McGill, O'Dell, Patterson, Rankin, Reese, Short, Waldrep, Williams, Peeler, Moore and Saleeby: A BILL TO AMEND SECTION 4-9-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENACTMENT OF GENERAL LAWS AFFECTING COUNTIES' EXPENDITURES AND REVENUE RAISING, SO AS TO DELETE PROVISIONS IN THE GENERAL AND SPECIAL APPROPRIATION BILLS AS EXEMPTIONS; TO DESIGNATE SECTIONS 4-10-10 THROUGH 4-10-100 AS ARTICLE 1, ENTITLED "LOCAL OPTION SALES TAX"; TO AMEND SECTION 4-10-10, 1976 CODE, SO AS TO DEFINE "POSITIVE MAJORITY"; TO ADD SECTION 4-10-16, SO AS TO PROVIDE THAT A COUNTY MAY NOT BE SUBJECT TO MORE THAN ONE PERCENT LOCAL OPTION SALES TAX AT THE SAME TIME; TO ADD SECTION 4-10-21 TO PROVIDE FOR LOCAL OPTION SALES TAX BY ORDINANCE OF ONE PERCENT ENACTED BY A POSITIVE MAJORITY; TO AMEND SECTION 4-10-25, RELATING TO APPLICATION OF TAX TO CONSTRUCTION CONTRACTS, SO AS TO PROVIDE THAT THESE PROVISIONS APPLY TO SECTION 4-10-21; TO AMEND CHAPTER 10, TITLE 4, BY ADDING ARTICLE 3, ENTITLED "CAPITAL PROJECT SALES TAX ACT" SO AS TO ALLOW FOR A ONE PERCENT LOCAL SALES TAX TO FUND CAPITAL PROJECTS BY REFERENDUM; ALLOW A COUNTY TO CREATE A COMMISSION TO CONSIDER PROPOSALS FOR FUNDING CAPITAL PROJECTS WITHIN THE COUNTY AREA; TO PROVIDE FOR THE COMPOSITION OF THE COMMISSION; AND TO AMEND TITLE 6, CHAPTER 1, RELATING TO LOCAL GOVERNMENTS, BY DESIGNATING SECTIONS 6-1-10 THROUGH 6-1-110 AS ARTICLE 1, ENTITLED "GENERAL PROVISIONS"; TO ADD SECTION 6-1-85 TO REQUIRE THE BUDGET AND CONTROL BOARD, DIVISION OF BUDGET AND ANALYSES TO MONITOR AND REVIEW THE RELATIVE PROPERTY TAX BURDEN ON EACH CLASS OF TAXABLE PROPERTY AND DEVELOP MODELS TO ESTIMATE THE SHIFT IN PROPERTY TAX BURDENS AMONG THE CLASSES; TO ADD ARTICLE 3, ENTITLED "AUTHORITY OF LOCAL GOVERNMENTS TO ASSESS TAXES AND FEES", SO AS TO PROVIDE THAT A LOCAL GOVERNING BODY MAY NOT IMPOSE A NEW TAX AFTER DECEMBER 31, 1996, UNLESS SPECIFICALLY AUTHORIZED BY THE GENERAL ASSEMBLY; TO PROVIDE THAT A POSITIVE MAJORITY WOULD BE REQUIRED TO IMPOSE OR INCREASE A BUSINESS LICENSE TAX; TO PROVIDE THAT MILLAGE RATES MAY ONLY BE INCREASED ABOVE THE CONSUMER PRICE INDEX BY A POSITIVE MAJORITY VOTE AND TO LIST EXCEPTIONS; TO PROVIDE THAT FEES MUST BE ENACTED BY A POSITIVE MAJORITY AND THAT REVENUE FROM FEES MUST BE KEPT SEPARATE FROM THE GENERAL FUND UNLESS IT IS LESS THAN FIVE PERCENT OF THE TOTAL BUDGET; TO PROVIDE FOR UTILITY FEES; TO ADD ARTICLE 5, ENTITLED "LOCAL ACCOMMODATIONS TAX", TO ALLOW FOR A FOUR PERCENT LOCAL ACCOMMODATIONS TAX, AND TO SPECIFY HOW THE REVENUE MUST BE HELD AND USED; TO ADD ARTICLE 7, ENTITLED "LOCAL HOSPITALITY TAX" SO AS TO ALLOW FOR A TWO PERCENT HOSPITALITY TAX AND TO SPECIFY HOW THE REVENUE MUST BE HELD AND USED; AND TO AMEND CHAPTER 11, TITLE 6, RELATING TO SPECIAL PURPOSE DISTRICTS, BY ADDING ARTICLE 15, SO AS TO PROVIDE FOR DISSOLUTION OF SPECIAL PURPOSE DISTRICTS BY PETITION AND REFERENDUM.
The House returned the Bill with amendments.

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

H. 4197 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO AREA VOCATIONAL CENTERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2128, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The House returned the Joint Resolution with amendments.

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

S. 705 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE CAUSEWAY RUNNING THROUGH THE POCOTALIGO NATURAL PRESERVE IN CLARENDON COUNTY IN HONOR OF VIRGINIA RICHARDS SAULS.
Returned with concurrence.
Received as information.

S. 804 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO RECOGNIZE DR. ARTHUR A. FLETCHER FOR A LIFETIME OF ACHIEVEMENT ON BEHALF OF THE AFRICAN-AMERICAN COMMUNITY AND THE STATE OF SOUTH CAROLINA.
Returned with concurrence.
Received as information.

Columbia, S.C., June 3, 1997

Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 343 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 12-51-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PROPERTY FOR DELINQUENT TAXES, SO AS TO PROVIDE AN ALTERNATIVE SITE FOR THE SALE AND TO SPECIFY FORMS OF PAYMENT.
Very respectfully,
Speaker of the House

On motion of Senator LEATHERMAN, the Senate insisted upon its amendments to S. 343 and asked for a Committee of Conference.

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

Columbia, S.C., June 3, 1997

Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 489 (Word version) -- Senator Elliott: A BILL TO AMEND TITLE 40, CHAPTER 38, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTICIANS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTICIANS INCLUDING INCREASING CONTINUING EDUCATION REQUIREMENTS FROM THREE HOURS TO FOUR HOURS FOR A LICENSED OPTICIAN AND AN ADDITIONAL HOUR FOR AN OPTICIAN ALSO LICENSED TO DISPENSE CONTACT LENSES.
asks for a Committee of Conference, and has appointed Reps. M. Hines, Battle and Parks of the committee on the part of the House.

Very respectfully,
Speaker of the House

Whereupon, the PRESIDENT Pro Tempore appointed Senators MOORE, O'DELL and ALEXANDER of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Columbia, S.C., June 3, 1997

Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

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

Very respectfully,
Speaker of the House

Whereupon, the PRESIDENT Pro Tempore appointed Senators J. VERNE SMITH, BRYAN and THOMAS of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Columbia, S.C., June 4, 1997

Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:

H. 3665 (Word version) -- Ways and Means Committee: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE BY ADDING CHAPTER 42 SO AS TO ESTABLISH THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK ACT AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO AUTHORIZE THE BANK TO PROVIDE LOANS AND OTHER FINANCIAL ASSISTANCE TO GOVERNMENT UNITS AND PRIVATE ENTITIES TO FINANCE PUBLIC HIGHWAY AND TRANSIT PROJECTS; TO AUTHORIZE THE DEPARTMENT OF TRANSPORTATION TO FUND THE BANK WITH UP TO FIVE PERCENT OF FUNDS APPROPRIATED FOR THE CONSTRUCTION AND MAINTENANCE OF STATE HIGHWAYS; TO ALLOW FEDERAL GRANTS, LOAN REPAYMENTS, AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE BANK; TO AUTHORIZE LENDING TO AND BORROWING BY GOVERNMENT UNITS AND PRIVATE ENTITLES THROUGH THE BANK; TO AUTHORIZE THE ISSUANCE OF TRANSPORTATION INFRASTRUCTURE BANK REVENUE BONDS; TO AUTHORIZE THE ISSUANCE OF TRANSPORTATION INFRASTRUCTURE BANK GENERAL OBLIGATION BONDS; TO AMEND SECTION 57-3-615, AS AMENDED, RELATING TO TOLL PROJECTS SO AS TO DELETE THE REQUIREMENT THAT CERTAIN TOLL PROJECTS BE INITIATED AS PROVIDED IN CHAPTER 37 OF TITLE 4 AND TO AUTHORIZE THE DEPARTMENT OF TRANSPORTATION TO TOLL INTERSTATE HIGHWAYS AND TO USE THE TOLL FOR PROJECTS OTHER THAN THE TOLLED INTERSTATE HIGHWAY; AND TO AMEND SECTION 56-3-910, AS AMENDED, RELATING TO DISPOSITION OF CERTAIN FEES AND PENALTIES SO AS TO PROVIDE FOR THE PLACEMENT OF THE FEES AND PENALTIES IN THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK.
Very respectfully,
Speaker of the House

On motion of Senator McCONNELL, the Senate insisted upon its amendments to H. 3665 and asked for a Committee of Conference.

Whereupon, the PRESIDENT Pro Tempore appointed Senators LAND, RANKIN and RAVENEL of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Columbia, S.C., June 4, 1997

Mr. President and Senators:
The House respectfully informs your Honorable Body that it requested and was granted Free Conference Powers and appointed Reps. Young, Haskins and Allison of the Committee of Free Conference on the part of the House on:

H. 3101 (Word version) -- 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.
Very respectfully,
Speaker of the House

Columbia, S.C., June 4, 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:
H. 3101 (Word version) -- 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.
Very respectfully,
Speaker of the House

H. 3101 (Word version) -- 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.

On motion of Senator COURTNEY, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator COURTNEY spoke on the report.

On motion of Senator COURTNEY, with unanimous consent, Free Conference Powers were granted.
Whereupon, the PRESIDENT Pro Tempore appointed Senators COURTNEY, GREGORY and HUTTO to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator COURTNEY, the Report of the Committee of Free Conference to H. 3101 was adopted as follows:

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3101 (Word version) -- 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.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the 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. It is permissible to infer that a person keeping a child outside the limits of this State for more than seventy-two hours without notice to a legal custodian intended to violate this subsection.
(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.   The 1976 Code is amended by adding:
"Section 20-1-100.   A male under the age of sixteen or a female under the age of fourteen is not capable of entering into a valid marriage, and all marriages hereinafter entered into by such persons are void ab initio. A common-law marriage hereinafter entered into by a male under the age of sixteen or a female under the age of fourteen is void ab initio."
SECTION   3.   Section 16-3-658 of the 1976 Code, as last amended by Act 139 of 1991, is further amended by adding at the end:
"This section is not applicable to a purported marriage entered into by a male under the age of sixteen or a female under the age of fourteen."
SECTION   4.   Section 16-3-615 of the 1976 Code, as last amended by Act 295 of 1994, is further amended by adding:
"(D)   This section is not applicable to a purported marriage entered into by a male under the age of sixteen or a female under the age of fourteen."
SECTION   5.   This act takes effect upon approval by the Governor./
Amend title to conform.

/s/Charles Tyrone Courtney        /s/Terry Edward Haskins
/s/Chauncey K. "Greg" Gregory     /s/Merita Ann Allison
/s/C. Bradley Hutto               /s/William Jeffrey Young
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Columbia, S.C., June 4, 1997

Mr. President and Senators:
The House respectfully informs your Honorable Body that the report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification:
H. 3101 (Word version) -- 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.
Very respectfully,
Speaker of the House

H. 3317 (Word version) -- Reps. Bailey, Young-Brickell, Allison, Altman, Askins, Barfield, Barrett, Battle, Bauer, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Carnell, Cato, Chellis, Cobb-Hunter, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, Hinson, Inabinett, Jordan, Keegan, Kennedy, Kinon, Kirsh, Klauber, Knotts, Lanford, Law, Leach, Limehouse, Littlejohn, Lloyd, Maddox, Martin, Mason, McCraw, McLeod, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Webb, Whatley, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-405 SO AS TO PROVIDE REIMBURSEMENT TO A MUNICIPALITY OR OTHER GOVERNMENTAL ENTITY FOR COSTS EXPENDED ON A LAW ENFORCEMENT OFFICER ATTENDING THE MANDATORY TRAINING PROGRAM REQUIRED PURSUANT TO THE PROVISIONS OF CHAPTER 6, TITLE 23.

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

Senator BRYAN spoke on the report.

On motion of Senator BRYAN, the Report of the Committee of Conference to H. 3317 was adopted as follows:

The COMMITTEE OF CONFERENCE, to whom was referred:

H. 3317 (Word version) -- Reps. Bailey, Young-Brickell, Allison, Altman, Askins, Barfield, Barrett, Battle, Bauer, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Carnell, Cato, Chellis, Cobb-Hunter, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, Hinson, Inabinett, Jordan, Keegan, Kennedy, Kinon, Kirsh, Klauber, Knotts, Lanford, Law, Leach, Limehouse, Littlejohn, Lloyd, Maddox, Martin, Mason, McCraw, McLeod, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Webb, Whatley, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-405 SO AS TO PROVIDE REIMBURSEMENT TO A MUNICIPALITY OR OTHER GOVERNMENTAL ENTITY FOR COSTS EXPENDED ON A LAW ENFORCEMENT OFFICER ATTENDING THE MANDATORY TRAINING PROGRAM REQUIRED PURSUANT TO THE PROVISIONS OF CHAPTER 6, TITLE 23.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION   1.   The 1976 Code is amended by adding:
"Section 23-6-405.   (A)   For purposes of this section, 'governmental entity' means the State or any of its political subdivisions.
(B)   After July 1, 1997, every governmental entity of this State intending to employ on a permanent basis a law enforcement officer who has satisfactorily completed the mandatory training as required under this article must comply with the provisions of this section.
(C)   If the law enforcement officer has satisfactorily completed his mandatory training while employed by a governmental entity of this State, and within two years from the date of satisfactory completion of the mandatory training, a subsequent hiring governmental entity shall reimburse the governmental entity with whom the law enforcement officer was employed at the time of attending the mandatory training:
(1)   one hundred percent of the cost of training the officer, which shall include the officer's salary paid during the training period and other training expenses incurred while the officer was attending the mandatory training, if the officer is hired within one year of the date of satisfactory completion of the mandatory training; or
(2)   fifty percent of the cost of training the officer, which shall include the officer's salary paid during the training period and other training expenses incurred while the officer was attending the mandatory training, if the officer is hired after one year but before the end of the second year after the date of satisfactory completion of the mandatory training.
(D)   If the law enforcement officer is employed by more than one successive governmental entity within the two-year period after the date of satisfactory completion of the mandatory training, a governmental entity which reimbursed the governmental entity that employed the officer during the training period may obtain reimbursement from the successive governmental entity employer for:
(1)   one hundred percent of the cost of training the officer, which shall include the officer's salary paid during the training period and other training expenses incurred while the officer was attending the mandatory training, if the officer is hired within one year of the date of satisfactory completion of the mandatory training; or
(2)   fifty percent of the cost of training the officer, which shall include the officer's salary paid during the training period and other training expenses incurred while the officer was attending the mandatory training, if the officer is hired after one year but before the end of the second year after the date of satisfactory completion of the mandatory training.
(E)   Under no circumstances shall the governmental entity that employed the officer during the training period or a governmental entity seeking reimbursement from a successive governmental entity employer be reimbursed for more than one hundred percent of the cost of the officer's salary paid during the training period and other training expenses incurred while the officer was attending the mandatory training."
SECTION   2.   This act takes effect upon approval by the Governor./
Amend title to conform.

/s/James E. Bryan, Jr.            /s/George H. Bailey
/s/Maggie W. Glover               /s/E. DeWitt McCraw
/s/Larry A. Martin                /s/James S. Klauber
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Columbia, S.C., June 4, 1997

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
H. 3317 (Word version) -- Reps. Bailey, Young-Brickell, Allison, Altman, Askins, Barfield, Barrett, Battle, Bauer, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Carnell, Cato, Chellis, Cobb-Hunter, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, Hinson, Inabinett, Jordan, Keegan, Kennedy, Kinon, Kirsh, Klauber, Knotts, Lanford, Law, Leach, Limehouse, Littlejohn, Lloyd, Maddox, Martin, Mason, McCraw, McLeod, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Webb, Whatley, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-405 SO AS TO PROVIDE REIMBURSEMENT TO A MUNICIPALITY OR OTHER GOVERNMENTAL ENTITY FOR COSTS EXPENDED ON A LAW ENFORCEMENT OFFICER ATTENDING THE MANDATORY TRAINING PROGRAM REQUIRED PURSUANT TO THE PROVISIONS OF CHAPTER 6, TITLE 23.
Very respectfully,
Speaker of the House

S. 157 (Word version) -- Senator Passailaigue: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
The House returned the Bill with amendments.

Senator PASSAILAIGUE proposed the following Amendment No. 1 (157R003.ELP):
Amend the bill, as and if amended, by striking the bill in its entirety and inserting in lieu thereof the following:
/ TO AMEND SECTION 12-6-1140 OF THE 1976 CODE, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSE OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO PROVIDE A DEDUCTION NOT TO EXCEED FIFTY THOUSAND DOLLARS FOR TAXPAYERS AT LEAST SIXTY-FIVE YEARS OF AGE PHASED IN OVER FIVE TAXABLE YEARS WITH A MAXIMUM DEDUCTION OF TWELVE THOUSAND DOLLARS FOR THE 1997 TAXABLE YEAR, AND TO PROVIDE PROCEDURES TO IMPLEMENT THIS DEDUCTION.
A.   Section 12-6-1140 of the 1976 Code, as added by Act 76 of 1995, is amended by adding an appropriately numbered item to read:
"( )   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, but for taxable year 1997 only, the maximum deduction allowed an eligible taxpayer pursuant to the unnumbered item added in Section 12-6-1140 of the 1976 Code by subsection A of this section is $11,500 reduced by the amount the taxpayer is eligible to deduct pursuant to Sections 12-6-1140(3) and 12-6-1170 of the 1976 Code for that taxable year. /
Amend title to conform.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator GIESE argued contra.
Senators THOMAS and WILSON argued in favor of the adoption of the amendment.
Senator DRUMMOND spoke on the amendment.
Senator PASSAILAIGUE spoke on the amendment.

Senator MARTIN assumed the Chair at 12:35 P.M.

Senator LAND spoke on the amendment.
Senator J. VERNE SMITH argued contra to the adoption of the amendment.
Senators BRYAN and GIESE argued contra to the adoption of the amendment.
Senator McCONNELL argued in favor of the adoption of the amendment.

Senator MOORE moved to continue the Bill.

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

Alexander                 Anderson                  Bryan
Courtney                  Drummond                  Ford
Giese                     Glover                    Holland
Hutto                     Jackson                   Land
Lander                    Leventis                  Martin
Matthews                  McGill                    Moore
O'Dell                    Patterson                 Rankin
Short                     Smith, J. Verne           Waldrep
Washington                

Courson                   Elliott                   Fair
Gregory                   Hayes                     Leatherman
McConnell                 Mescher                   Passailaigue
Peeler                    Ravenel                   Reese
Rose                      Russell                   Ryberg
Saleeby                   Setzler                   Thomas
Williams                  Wilson                    

The Bill was continued.

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

The House returned the Bill with amendments.
Senator McCONNELL spoke on the Bill.

With Senator McCONNELL retaining the floor, on motion of Senator DRUMMOND, with unanimous consent, consideration was interrupted by recess.

At 1:15 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 2:30 P.M.

The Senate reassembled at 2:30 P.M. and was called to order by the PRESIDENT.

At 2:34 P.M., on motion of Senator MARTIN, the Senate receded from business until 2:45 P.M.
At 2:45 P.M., the Senate resumed.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on June 4, 1997, at 2:45 P.M. and the following Acts and Joint Resolutions were ratified:

(R113) S. 38 (Word version) -- Senators Land and Giese: AN ACT TO AMEND SECTION 23-6-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE HIGHWAY PATROL DIVISION, AND STATE POLICE DIVISION AND THEIR DISTINCTIVE UNIFORMS AND EMBLEMS, SO AS TO REQUIRE THE HIGHWAY PATROL DIVISION TO TRANSFER THE SERVICE SIDEARM OF AN ACTIVE DUTY TROOPER KILLED IN THE LINE OF DUTY TO THE TROOPER'S SURVIVING SPOUSE AT NO CHARGE UPON REQUEST ONCE THE REVOLVER HAS BEEN RENDERED INOPERABLE.

(R114) S. 40 (Word version) -- Senators J. Verne Smith, Wilson and Giese: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-5655 SO AS TO PROVIDE FOR THE CONFIDENTIALITY OF RECORDS OF CLIENTS AND POTENTIAL CLIENTS OF THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN DIVISION, OFFICE OF THE GOVERNOR, AND TO PROVIDE EXCEPTIONS AND PENALTIES; AND TO REPEAL SECTION 20-7-5630 RELATING TO THE ADVISORY COUNCIL TO THE CONTINUUM OF CARE DIVISION.

(R115) S. 48 (Word version) -- Senators Rose, McConnell and Mescher: AN ACT TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATE COURTS IN DORCHESTER COUNTY, SO AS TO REVISE THE JURY AREAS IN THE COUNTY AND PROVIDE THAT CRIMINAL CASES AND TRAFFIC OFFENSES MUST BE TRIED IN THE JURY AREA WHERE THE OFFENSE WAS COMMITTED.

(R116) S. 133 (Word version) -- Senator Hayes: AN ACT TO AMEND SECTION 44-20-450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INVOLUNTARY ADMISSION OF A PERSON TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, SO AS TO PROVIDE THAT A SOLICITOR OR AN ASSISTANT SOLICITOR RESPONSIBLE FOR THE CRIMINAL PROSECUTION MAY INITIATE A PROCEEDING FOR INVOLUNTARY ADMISSION OF A PERSON IN PROBATE OR FAMILY COURT UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 44-23-430, RELATING TO A HEARING ON FITNESS TO STAND TRIAL, SO AS TO CHANGE A REFERENCE IN THE SECTION PERTAINING TO JUDICIAL ADMISSION PROCEEDINGS.

(R117) S. 178 (Word version) -- Senator Courtney: A JOINT RESOLUTION AUTHORIZING THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF TWO SURPLUS NATIONAL GUARD ARMORIES, ONE TO THE TOWN OF PACOLET MILLS AND ONE TO THE TOWN OF CHESTERFIELD AND THE COUNTY OF CHESTERFIELD .

(R118) S. 188 (Word version) -- Senators Drummond, Giese and Rose: AN ACT TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC ENTITIES ELIGIBLE FOR PARTICIPATION IN THE STATE HEALTH AND DENTAL INSURANCE PLANS AND THE REQUIREMENTS FOR THIS PARTICIPATION, SO AS TO AUTHORIZE THE WITHHOLDING OF STATE FUNDS OTHERWISE DUE THESE ENTITIES SUFFICIENT TO COVER DELINQUENT PAYMENTS AND TO PROVIDE THE METHOD OF THE WITHHOLDING AND REMITTING OF THESE SUMS TO THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 38-79-110, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION, SO AS TO EXTEND THE DEFINITION OF "LICENSED HEALTH CARE PROVIDERS" TO CERTAIN BLOOD CENTERS.

(R119) S. 207 (Word version) -- Senators Hayes, Short, Gregory, Thomas, Martin, Russell, Fair, Holland, Lander, Drummond, J. Verne Smith, Wilson, Ryberg and Moore: AN ACT TO AMEND SECTION 16-19-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONAPPLICATION OF THE GAMBLING OFFENSES TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE, SO AS TO CLARIFY THAT THIS PROVISION DOES NOT PROHIBIT REGULATION OF THESE MACHINES, INCLUDING THEIR PROHIBITION, PURSUANT TO THE VIDEO GAMES MACHINES ACT AND ITS COUNTY OPTION PROVISIONS; TO AMEND SECTION 12-21-2738, AS AMENDED, RELATING TO PENALTIES FOR LICENSING VIOLATIONS OF COIN-OPERATED DEVICES, SO AS TO DELETE THE NO SUSPENSION REQUIREMENT FOR PENALTIES IMPOSED ON LICENSE VIOLATIONS FOR DEVICES WITH A FREE PLAY FEATURE; TO AMEND SECTION 12-21-2791, RELATING TO LIMITATIONS ON PAYOUTS ON MACHINES AS DEFINED UNDER THE VIDEO GAMES MACHINES ACT, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS; TO AMEND SECTION 12-21-2804, RELATING TO REGULATION OF VIDEO MACHINES, SO AS TO PROVIDE CIVIL PENALTIES FOR MACHINES LOCATED IN COUNTIES WHERE PAYOUTS ARE PROHIBITED, INCLUDING MONETARY PENALTIES, LICENSE REVOCATION, AND SEIZURE OF MACHINES, PROVIDE FOR THESE PENALTIES TO APPLY IMMEDIATELY AND PROVIDE THE SOLE REMEDY FOR THESE PENALTIES; TO AMEND SECTION 12-21-2808, RELATING TO REFERENDUMS ALLOWED IN COUNTIES ON CONTINUING OR PROHIBITING CASH PAYOUTS, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS, DELETE OBSOLETE PROVISIONS, AND MAKE OTHER TECHNICAL REVISIONS; TO AMEND SECTION 12-21-2809, RELATING TO THE PROHIBITIONS ON LICENSING AND LOCATING MACHINES IN NONPAYOUT COUNTIES, SO AS TO DELETE CRIMINAL PENALTIES FOR VIOLATIONS AND SUBJECT VIOLATORS TO THE CIVIL PENALTIES PROVIDED BY THIS ACT AND TO PROVIDE THAT THE PENALTY EXTENDS TO OWNING OR POSSESSING THESE MACHINES; TO PROVIDE THAT COUNTIES IN WHICH A MAJORITY "NO" VOTE WAS CERTIFIED IN THE REFERENDUM PROVIDED PURSUANT TO SECTION 12-21-2806 ARE DEEMED TO HAVE MADE THAT CHOICE PURSUANT TO SECTION 12-21-2808, AS AMENDED BY THIS ACT, WITH AUTHORIZATION FOR THE DEPARTMENT OF REVENUE TO ISSUE PRORATED REFUNDS FOR MACHINES LICENSED IN SUCH COUNTIES; AND TO REPEAL SECTION 12-21-2806, RELATING TO THE INITIAL REFERENDUM ON CONTINUING CASH PAYOUTS.

(R120) S. 251 (Word version) -- Senators Lander, Short, Courson, McConnell, Leatherman, Moore, Rankin, Wilson, Bryan and Martin: AN ACT TO AMEND SECTION 7-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTESTS AND CONTESTS, SO AS TO DELETE MEMBERS OF THE HOUSE OF REPRESENTATIVES FROM THE LIST OF OFFICERS WHO MUST FILE PROTESTS WITH THE CHAIRMAN OF THE COUNTY PARTY EXECUTIVE COMMITTEE; TO AMEND SECTION 7-17-530, RELATING TO HEARINGS BY A COUNTY PARTY EXECUTIVE COMMITTEE, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL PAY FOR THE COSTS OF THE COURT REPORTER AND TRANSCRIPTS OF THE HEARING AND TO FURTHER PROVIDE THAT A TRANSCRIPT MUST BE FILED WITH THE STATE EXECUTIVE COMMITTEE; TO AMEND SECTION 7-17-550, RELATING TO THE HEARING OF APPEALS BY THE STATE EXECUTIVE COMMITTEE, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL PAY FOR THE COSTS OF THE COURT REPORTER AND THE TRANSCRIPT OF THE HEARING; AND TO AMEND SECTION 7-17-560, RELATING TO THE HEARING OF CERTAIN PROTESTS AND CONTESTS, SO AS TO PROVIDE THAT THE STATE EXECUTIVE COMMITTEE SHALL HEAR AND DECIDE PROTESTS AND CONTESTS FOR THE OFFICES OF STATE SENATE AND HOUSE OF REPRESENTATIVES.

(R121) S. 267 (Word version) -- Senators Giese and Lander: AN ACT TO AMEND SECTION 14-7-1390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR NONATTENDANCE AS A JUROR IN ANY COURT OF THIS STATE, SO AS TO INCREASE THE PENALTY AND PROVIDE THAT IT SHALL BE A CIVIL PENALTY; TO AMEND SECTION 22-2-130, RELATING TO THE PENALTY FOR FAILURE OF A DULY SUMMONED JUROR IN MAGISTRATE'S COURT TO APPEAR, SO AS TO INCREASE THE PENALTY FOR VIOLATION AND PROVIDE THAT IT SHALL BE A CIVIL PENALTY; AND TO AMEND SECTION 22-3-950, RELATING TO A MAGISTRATE'S POWER TO PUNISH FOR CONTEMPT, SO AS TO INCREASE THE PENALTY FOR CONTEMPT.

(R122) S. 303 (Word version) -- Senators Courtney and Land: AN ACT TO AMEND SECTION 42-1-415, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBMISSION OF DOCUMENTATION TO THE WORKERS' COMPENSATION COMMISSION THAT A CONTRACTOR OR SUBCONTRACTOR HAS REPRESENTED HIMSELF TO A HIGHER TIER SUBCONTRACTOR, CONTRACTOR, OR PROJECT OWNER AS HAVING WORKERS' COMPENSATION INSURANCE AT THE TIME THE CONTRACTOR OR SUBCONTRACTOR WAS ENGAGED TO PERFORM WORK AND TO REIMBURSEMENT FROM THE UNINSURED EMPLOYERS' FUND, SO AS TO, AMONG OTHER THINGS, DELETE THE PROVISION THAT ONLY THE CONTRACTOR OR SUBCONTRACTOR WHO REPRESENTED HIMSELF AS HAVING WORKERS' COMPENSATION INSURANCE MAY BE CONSIDERED A STATUTORY EMPLOYER FOR CLAIMS FILED BY HIS EMPLOYEES UNDER TITLE 42, PROVIDE INSTEAD THAT THE HIGHER TIER SUBCONTRACTOR, CONTRACTOR, OR PROJECT OWNER MUST BE RELIEVED OF LIABILITY UNDER TITLE 42 EXCEPT AS SPECIFICALLY PROVIDED IN THIS SECTION, DELETE CERTAIN OTHER LANGUAGE AND PROVISIONS, PROVIDE THAT THE UNINSURED EMPLOYERS' FUND SHALL ASSUME RESPONSIBILITY FOR CLAIMS WITHIN THIRTY DAYS, RATHER THAN NINETY DAYS, OF A DETERMINATION OF RESPONSIBILITY MADE BY THE WORKERS' COMPENSATION COMMISSION, PROVIDE FOR THE "KNOWING AND WILFUL" FALSIFYING OF CERTAIN INFORMATION, THE "KNOWING AND WILFUL" FAILURE TO PROVIDE CERTAIN NOTIFICATION, AND CERTAIN "KNOWING AND WILFUL" FALSE DOCUMENTATION, AND PROVIDE FOR CERTAIN PENALTIES.

(R123) S. 340 (Word version) -- Senator Leatherman: AN ACT TO AMEND SECTION 12-54-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION AND ENFORCEMENT OF TAXES BY THE STATE, SO AS TO INCREASE THE FINE FOR FILING A FALSE RETURN FOR DELAY PURPOSES, TO REQUIRE AWARD OF DAMAGES BY THE ADMINISTRATIVE LAW JUDGE RATHER THAN THE CIRCUIT COURT FOR FRIVOLOUS OR DILATORY PROCEEDINGS, AND TO REDUCE JAIL SENTENCE FROM ONE YEAR TO THIRTY DAYS FOR WILFULLY SUPPLYING FALSE WITHHOLDING INFORMATION TO EMPLOYER; TO AMEND SECTION 12-54-46, RELATING TO FILING OF FALSE EXEMPTION CERTIFICATE, SO AS TO DELETE THE LIMIT ON THE TOTAL PENALTY AMOUNT; TO AMEND SECTION 12-8-1030, RELATING TO DETERMINATION OF PROPER WITHHOLDING EXEMPTION BY THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE FOR AN ADMINISTRATIVE PROCEDURE FOR APPEALING THE DETERMINATION; AND TO REPEAL SECTION 12-54-45 RELATING TO THE PENALTY FOR SUPPLYING EMPLOYER WITH FALSE INFORMATION.

(R124) S. 358 (Word version) -- Senator Bryan: AN ACT TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS INCLUDING CLARIFYING THAT THERAPEUTICALLY CERTIFIED OPTOMETRIC EDUCATION COURSES MAY BE TAKEN WHILE ATTENDING SCHOOL RATHER THAN AFTER GRADUATION.

(R125) S. 359 (Word version) -- Senator Giese: AN ACT TO AMEND CHAPTER 35, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING AND REGULATION OF LONG TERM HEALTH CARE ADMINISTRATORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF LONG TERM HEALTH CARE ADMINISTRATORS INCLUDING TO FURTHER PROVIDE FOR NURSING HOME REPRESENTATION ON THE BOARD AND TO REVISE TIME FRAMES FOR REINSTATING LAPSED LICENSES.

(R126) S. 397 (Word version) -- Senators J. Verne Smith, Fair, Thomas and Bryan: AN ACT TO AMEND SECTION 4-1-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MULTI-COUNTY INDUSTRIAL AND BUSINESS PARKS, SO AS TO REQUIRE THE PRIOR CONSENT OF A MUNICIPALITY ALL OR A PORTION OF WHICH IS TO BE INCLUDED IN THE PARK.

(R127) S. 451 (Word version) -- Senators McConnell and Giese: AN ACT TO REPEAL SECTION 2, ACT 394 OF 1994, RELATING TO THE THREE-YEAR PROSPECTIVE REPEAL WHICH PROHIBITS A HEALTH INSURANCE POLICY OR A HEALTH MAINTENANCE ORGANIZATION PLAN FROM RESTRICTING SELECTION OF A PHARMACIST OF CHOICE OR FROM RESTRICTING A PHARMACIST THE RIGHT TO PARTICIPATE AS A PROVIDER IF TERMS OF THE POLICY OR PLAN ARE MET.

(R128) S. 452 (Word version) -- Senator McConnell: AN ACT TO AMEND SECTION 38-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, INVESTMENTS, AND THE DEFINITION OF "POLICYHOLDER OBLIGATIONS", SO AS TO DELETE THE REFERENCE TO "MANDATORY SECURITIES VALUATION RESERVE" AND SUBSTITUTE THEREFOR "ASSET VALUATION RESERVE"; TO AMEND SECTION 38-13-300, AS AMENDED, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, AND CERTAIN REGULATIONS, SO AS TO, AMONG OTHER THINGS, DELETE THE REQUIREMENT UPON THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO PROMULGATE THESE REGULATIONS, AUTHORIZE, RATHER THAN REQUIRE, THE DIRECTOR TO HAVE CERTAIN INSURERS RECORD AND REPORT LOSS AND EXPENSE EXPERIENCE AND CERTAIN OTHER DATA, AND ALLOW THE DIRECTOR TO HAVE CERTAIN INSURERS SUBMIT A REPORT SHOWING DIRECT WRITINGS AND CERTAIN OTHER INFORMATION, RATHER THAN REQUIRING THE INSURERS TO DO THIS; TO AMEND SECTION 38-13-310, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, AND THE SUPPLEMENTAL REPORT REQUIRED BY SECTION 38-13-300, SO AS TO PERMIT, RATHER THAN REQUIRE, THAT THE SUPPLEMENTAL REPORT INCLUDE CERTAIN SPECIFIED TYPES OF INSURANCE WRITTEN BY THE INSURER; TO AMEND SECTION 38-13-320, AS AMENDED, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, AND THE DATA IN THE SUPPLEMENTAL REPORT, SO AS TO, AMONG OTHER THINGS, PERMIT, RATHER THAN REQUIRE, THAT THE SUPPLEMENTAL REPORT INCLUDE CERTAIN SPECIFIED DATA BOTH AS TO SOUTH CAROLINA AND THE UNITED STATES FOR THE PREVIOUS YEAR ENDING ON DECEMBER THIRTY-FIRST; TO AMEND SECTION 38-13-340, AS AMENDED, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, AND REVIEW OF THE SUPPLEMENTAL REPORTS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE INSURANCE DEPARTMENT'S ANNUAL COMPILATION AND REVIEW OF REPORTS SUBMITTED BY INSURERS BE IN ACCORDANCE WITH OR PURSUANT TO AN ORDER OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-19-50, AS AMENDED, RELATING TO DOMESTIC MUTUAL INSURERS, MEMBERS AND MEETINGS, AND USE OF PROXIES, SO AS TO PROVIDE THAT NO PROXY MAY BE USED BY A DOMESTIC MUTUAL INSURER UNLESS THE LANGUAGE AND FORM OF THE PROXY HAVE BEEN APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE, AND DELETE THE FIVE CONDITIONS SPECIFIED FOR THE USE OF THE PROXY; TO AMEND SECTION 38-33-30, AS AMENDED, RELATING TO THE INSURANCE LAWS, HEALTH MAINTENANCE ORGANIZATIONS, THE NECESSITY OF A CERTIFICATE OF AUTHORITY, AND FOREIGN CORPORATIONS, SO AS TO DELETE THE REQUIREMENT THAT EACH APPLICATION FOR A CERTIFICATE OF AUTHORITY BE FILED "IN TRIPLICATE"; TO AMEND SECTION 38-73-1060, AS AMENDED, RELATING TO THE INSURANCE LAWS, RATES, RATE-MAKING, AND RATE-FILING, AND STATUTORY PERMISSION TO USE RATES IN EXCESS OF THOSE WHICH ARE FILED, SO AS TO DELETE THE TERM "RATE IN EXCESS OF THAT PROVIDED BY A FILING OTHERWISE APPLICABLE" AND SUBSTITUTE THEREFOR "RATE DIFFERENT FROM THAT PROVIDED BY A FILING OTHERWISE APPLICABLE", AND ADD PROVISIONS WHICH PROVIDE THAT, UPON THE WRITTEN APPLICATION OF AN INSURED HAVING AGGREGATE INSURANCE PREMIUMS, OTHER THAN LIFE, ACCIDENT, AND HEALTH, IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS, A POLICY FORM DIFFERENT FROM THAT PROVIDED BY A FILING OTHERWISE APPLICABLE MAY BE USED ON ANY SPECIFIC RISK, UNDER CERTAIN CONDITIONS; TO REPEAL SECTIONS 38-13-330 AND 38-13-370 RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, THE REQUIREMENT THAT, FOR THE FIRST YEAR ONLY IN WHICH THE INSURER IS REQUIRED TO FILE THE SUPPLEMENTAL REPORT, THE DATA REQUIRED BY CERTAIN ITEMS OF SECTION 38-13-320 SHALL INCLUDE THE PREVIOUS CALENDAR YEAR AND EACH OF THE PRECEDING TWO CALENDAR YEARS, AND THE REQUIREMENT THAT FIRST REPORTS REQUIRED UNDER SECTIONS 38-13-300 THROUGH 38-13-360 MUST BE FILED ON JULY 1, 1988, AND ON JULY FIRST OF EACH FOLLOWING YEAR; TO AMEND SECTION 38-19-30, RELATING TO DOMESTIC MUTUAL INSURERS AND THE GENERAL RIGHTS OF MEMBERS, SO AS TO DELETE THE EXISTING PROVISIONS OF THE SECTION AND TO PROVIDE, AMONG OTHER THINGS, THAT EXCEPT AS OTHERWISE PROVIDED BY LAW, EVERY DOMESTIC MUTUAL INSURER MUST BE ORGANIZED, GOVERNED, AND OPERATED AS A DOMESTIC BUSINESS CORPORATION UNDER, AND IN ACCORDANCE WITH, THE SOUTH CAROLINA BUSINESS CORPORATION ACT OF 1988, AND PROVIDE FOR AN EXCEPTION; TO AMEND SECTION 38-27-490, RELATING TO THE "INSURERS' REHABILITATION AND LIQUIDATION ACT", FORMAL PROCEEDINGS, AND SETOFFS AND COUNTERCLAIMS, SO AS TO DELETE "COUNTERCLAIM" FROM THE PROHIBITION ON ALLOWING THE SAME OR ANY SETOFF IN FAVOR OF A PERSON UNDER CERTAIN SPECIFIED CONDITIONS AND CIRCUMSTANCES, AND DELETE CERTAIN LANGUAGE; AND TO AMEND SECTION 38-57-160, RELATING TO INSURANCE TRADE PRACTICES AND THE ADVERTISING GIFTS, SO AS TO ADD A PROVISION THAT NOTHING IN THIS SECTION PRECLUDES ANY LICENSED INSURANCE AGENT FROM PROVIDING REFRESHMENTS DURING A SALES PRESENTATION WHICH DO NOT EXCEED TEN DOLLARS A PERSON IN COST.

(R129) S. 456 (Word version) -- Senators Wilson and Giese: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1795 SO AS TO PROVIDE THAT IN THE CASE OF DOMESTICATING THE FOREIGN ADOPTION OF A FOREIGN CHILD, THE COURT SHALL TRANSMIT THE CERTIFICATE OF ADOPTION TO THE STATE REGISTRAR WITHOUT THE NECESSITY OF A HEARING UNLESS THE COURT FINDS THE REQUIRED DOCUMENTATION UNSATISFACTORY, TO PROVIDE FOR THE REQUIRED DOCUMENTATION, TO REQUIRE COURT ADMINISTRATION IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PREPARE AND MAKE AVAILABLE PETITION FORMS AND GUIDELINES FOR OBTAINING THE DOMESTICATION OF A FOREIGN ADOPTION, AND TO REQUIRE THE STATE REGISTRAR TO ISSUE AN AMENDED CERTIFICATE OF BIRTH PURSUANT TO THE ORDER; AND TO AMEND SECTION 44-63-140, AS AMENDED, RELATING TO SUPPLEMENTARY AND AMENDED BIRTH CERTIFICATES, SO AS TO PROVIDE THE FORM AND MANNER IN WHICH A CERTIFICATE OF FOREIGN BIRTH MUST BE ISSUED FOLLOWING AN ORDER PURSUANT TO SECTION 20-7-1795.

(R130) S. 458 (Word version) -- Banking and Insurance Committee: AN ACT TO AMEND SECTION 38-71-920, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SMALL EMPLOYER GROUP HEALTH INSURANCE AND DEFINITIONS, SO AS TO, AMONG OTHER THINGS, PROVIDE CHANGES FOR THE DEFINITIONS OF "CASE CHARACTERISTICS", "CLASS OF BUSINESS", AND "ACTUARIAL CERTIFICATION", DELETE THE DEFINITION OF "ACTUARIAL BASE RATE", AND PROVIDE DEFINITIONS FOR "NEW BUSINESS PREMIUM RATE", "BASE PREMIUM RATE", "INDEX RATE", AND RESTRICTED NETWORK PROVISION"; TO AMEND SECTION 38-71-940, AS AMENDED, RELATING TO SMALL EMPLOYER GROUP HEALTH INSURANCE PREMIUM RATES FOR HEALTH INSURANCE PLANS, RATING FACTORS, INVOLUNTARY BUSINESS CLASS TRANSFER, AND WELLNESS INCENTIVES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT THE INDEX RATE FOR A RATING PERIOD FOR A CLASS OF BUSINESS MAY NOT EXCEED THE INDEX RATE FOR ANY OTHER CLASS OF BUSINESS BY MORE THAN TWENTY PERCENT; TO AMEND SECTION 38-71-960, AS AMENDED, RELATING TO SMALL EMPLOYER GROUP HEALTH INSURANCE AND REQUIRED DISCLOSURE IN SOLICITATION AND SALES MATERIALS, SO AS TO PROVIDE THAT IN CONNECTION WITH OFFERING ANY HEALTH INSURANCE PLANS TO SMALL EMPLOYERS, EACH SMALL EMPLOYER INSURER SHALL MAKE REASONABLE DISCLOSURE IN SOLICITATION AND SALES MATERIALS PROVIDED TO SMALL EMPLOYERS OF THE EXTENT TO WHICH PREMIUM RATES FOR A SPECIFIC SMALL EMPLOYER ARE ESTABLISHED OR ADJUSTED DUE TO CASE CHARACTERISTICS, FAMILY COMPOSITION, CLASS OF BUSINESS, AND THE CLAIM EXPERIENCE, HEALTH STATUS, OR DURATION OF COVERAGE OF THE EMPLOYEES OR DEPENDENTS OF THE SMALL EMPLOYER; TO PROVIDE THAT IF A PROVISION OF THIS ACT OR THE APPLICATION OF THE PROVISION TO ANY PERSON OR CIRCUMSTANCE IS HELD TO BE UNCONSTITUTIONAL, THE REMAINDER OF THIS ACT AND THE APPLICATION OF THE PROVISIONS OF THE ACT TO ANY PERSON OR CIRCUMSTANCE SHALL NOT BE AFFECTED; AND TO AMEND SECTION 12-6-1140, RELATING TO THE SOUTH CAROLINA INCOME TAX ACT AND DEDUCTIONS FROM INDIVIDUAL TAXABLE INCOME, SO AS TO PROVIDE A DEDUCTION FOR THE PORTION OF INSURANCE PREMIUMS NOT DEDUCTIBLE PURSUANT TO INTERNAL REVENUE CODE SECTION 162(L) BECAUSE THE "APPLICABLE PERCENTAGE" AS DEFINED IN THAT SECTION IS LESS THAN ONE HUNDRED PERCENT.

(R131) S. 483 (Word version) -- Senators Fair and Giese: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-635 SO AS TO DEFINE "EMERGENCY MEDICAL SERVICE PROVIDER", "FIREFIGHTER", AND "HOME HEALTHCARE WORKER", TO PROVIDE THAT A PERSON WHO ASSAULTS THESE INDIVIDUALS UNDER CERTAIN CIRCUMSTANCES IS GUILTY OF EITHER A MISDEMEANOR OR A FELONY, TO PROVIDE PENALTIES, AND TO PROVIDE A SEVERABILITY CLAUSE.

(R132) S. 532 (Word version) -- Senators Martin, Wilson, J. Verne Smith, Moore, Short, Washington and Alexander: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 20-3-235, 20-7-853, AND 20-7-854 AND BY AMENDING SECTIONS 20-1-220, 20-1-350, 20-7-949, 20-7-957, 44-7-77, AS AMENDED, 44-63-60, AS AMENDED, 44-63-75, 44-63-80, AS AMENDED, 44-63-84, 44-63-86, AND 44-63-110, AS AMENDED, ALL RESPECTIVELY RELATING TO DIVORCE DECREES, ADMINISTRATIVE AND JUDICIAL ORDERS, MARRIAGE LICENSES, OCCUPATIONAL AND PROFESSIONAL LICENSES, BUSINESS LICENSES, DRIVERS' LICENSES, HUNTING, FISHING, OR TRAPPING LICENSES, PATERNITY ORDERS AND ACKNOWLEDGMENTS, BIRTH AND DEATH CERTIFICATES, SO AS TO REQUIRE SOCIAL SECURITY NUMBERS ON OR IN THESE DOCUMENTS AND TO EXEMPT THE DEPARTMENT OF SOCIAL SERVICES FROM PAYING A FEE FOR OBTAINING COPIES OF THESE DOCUMENTS IF THE DOCUMENT IS NEEDED FOR THE PURPOSE OF ESTABLISHING PATERNITY OR ESTABLISHING, MODIFYING, OR ENFORCING CHILD SUPPORT; TO AMEND SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20, RELATING TO INCOME WITHHOLDING FOR CHILD SUPPORT BY ADDING PART IA, SO AS TO ESTABLISH PROCEDURES FOR CREATING, PERFECTING, AND COLLECTING A LIEN FOR PAST-DUE CHILD SUPPORT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE THOUSAND DOLLARS; TO ADD SECTION 20-7-92 SO AS TO REQUIRE THE COURT TO ORDER TEMPORARY PAYMENT OF CHILD SUPPORT PENDING A JUDICIAL DETERMINATION OF PATERNITY UNDER CERTAIN CONDITIONS; TO ADD SECTION 20-7-855 SO AS TO PROVIDE THAT COPIES OF BILLS FOR TESTING FOR PARENTAGE AND PRENATAL AND POSTNATAL HEALTH CARE ARE PRIMA FACIE EVIDENCE IN PATERNITY ACTIONS FOR EXPENSES INCURRED; TO ADD SECTION 20-7-958 SO AS TO PROVIDE THAT A VERIFIED VOLUNTARY ACKNOWLEDGMENT OF PATERNITY CREATES A LEGAL FINDING OF PATERNITY; TO AMEND SECTION 20-7-956, RELATING TO ADMISSIBILITY OF EVIDENCE IN PATERNITY ACTIONS, SO AS TO PROVIDE THAT A VERIFIED VOLUNTARY ACKNOWLEDGMENT OF PATERNITY CREATES A CONCLUSIVE PRESUMPTION OF PATERNITY; TO AMEND SECTION 44-63-163, RELATING TO BIRTH CERTIFICATES SUBSEQUENT TO A PATERNITY DETERMINATION, SO AS TO PROVIDE THAT THE CHANGE ALSO MAY BE MADE UPON A DETERMINATION MADE BY AN ADMINISTRATIVE AGENCY; TO ADD SECTIONS 20-7-1124, 20-7-1126, 20-7-1127, 20-7-1128, 20-7-1129, 20-7-1153, 20-7-1155; TO AMEND SECTIONS 20-7-965, 20-7-1010, 20-7-1040, 20-7-1100, 20-7-1125, 20-7-1152, AND 20-7-1154, ALL AS AMENDED, ALL RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, SO AS TO CONFORM THIS ACT TO THE ACT AS REVISED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS; TO AMEND SECTION 20-7-1315, AS AMENDED, RELATING TO INCOME WITHHOLDING, SO AS TO REVISE DEFINITIONS, TO REVISE CONDITIONS UNDER WHICH INCOME WITHHOLDING IS IN EFFECT, AND TO PROVIDE FOR THE TRANSMITTAL OF INFORMATION TO THE DEPARTMENT; TO ADD SECTION 20-7-9570; TO AMEND SECTIONS 20-7-9505, AS AMENDED, AND 20-7-9510, RELATING TO THE ADMINISTRATIVE PROCESS FOR ESTABLISHING AND ENFORCING PATERNITY AND CHILD SUPPORT, SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO ADMINISTRATIVELY CHANGE A GOVERNMENTAL PAYEE WHEN THE CHILD SUPPORT CASE IS SUBJECT TO ASSIGNMENT OR REQUIRED TO BE PAID THROUGH A GOVERNMENTAL ENTITY AND TO REVISE DEFINITIONS; TO ADD SECTION 20-7-856 SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO REMIT TO THE FEDERAL GOVERNMENT ITS SHARE OF FINES COLLECTED FOR FAILING TO COMPLY WITH SUBPOENAS AND CERTAIN CHILD SUPPORT ENFORCEMENT REQUIREMENTS; TO ADD SECTION 20-7-9575 SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO ISSUE ADMINISTRATIVE SUBPOENAS; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ENFORCE ADMINISTRATIVE SUBPOENAS ISSUED BY THE DEPARTMENT; TO AMEND SECTION 27-23-10, RELATING TO VOIDING CONVEYANCES MADE TO DEFRAUD CREDITORS, SO AS TO PROVIDE CONDITIONS UNDER WHICH A REBUTTABLE PRESUMPTION IS CREATED THAT A CHILD SUPPORT DEBTOR INTENDED TO TRANSFER INCOME OR PROPERTY TO AVOID PAYMENT TO A CHILD SUPPORT CREDITOR; TO ADD SECTIONS 43-5-595, 43-5-596, AND 43-5-597; AND TO AMEND SECTION 41-29-170 AND SECTION 43-5-590, BOTH AS AMENDED, RELATING TO INFORMATION TO BE PROVIDED BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO THE DEPARTMENT OF SOCIAL SERVICES AND RELATING TO THE DEPARTMENT'S DUTIES RELATIVE TO THE STATE CHILD SUPPORT PLAN, SO AS TO CLARIFY EMPLOYERS WHO MUST PROVIDE INFORMATION TO THE DEPARTMENT FOR THE PURPOSE OF THE ESTABLISHMENT OF PATERNITY OR THE ESTABLISHMENT, NOTIFICATION, OR ENFORCEMENT OF A SUPPORT OBLIGATION, TO REQUIRE UTILITY COMPANIES AND FINANCIAL INSTITUTIONS TO PROVIDE INFORMATION ON ITS CUSTOMERS FOR SUCH PURPOSES, TO PROVIDE IMMUNITY FROM LIABILITY FOR DISCLOSURE OF SUCH INFORMATION AND TO SPECIFY INFORMATION THE EMPLOYMENT SECURITY COMMISSION MUST PROVIDE; TO ADD SECTION 43-5-598 SO AS TO REQUIRE EMPLOYEES TO REPORT INFORMATION TO THE DEPARTMENT ON EMPLOYEES WHO ARE NEWLY HIRED; TO AMEND SECTION 43-5-610, RELATING TO THE CENTRAL REGISTRY OF RECORDS MAINTAINED BY THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO REVISE THE INFORMATION TO BE MAINTAINED AND TO WHOM INFORMATION MAY BE RELEASED; AND TO REPEAL SECTION 43-5-222 RELATING TO THE PORTION OF CHILD SUPPORT PAYMENTS TO BE PAID TO WELFARE RECIPIENTS.

(R133) S. 559 (Word version) -- Senators Setzler and Bryan: AN ACT TO AMEND SECTION 59-26-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTENT AND GUIDELINES FOR THE EVALUATION OF PUBLIC EDUCATORS, SO AS TO FURTHER PROVIDE FOR SUCH INTENT AND GUIDELINES; SECTION 59-26-20, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION IN REGARD TO TEACHER EDUCATION PROGRAMS, TEACHER EXAMINATIONS, AND TEACHER EVALUATION AND TRAINING PROCEDURES; SECTION 59-26-30, AS AMENDED, RELATING TO CERTAIN TEACHER EXAMINATIONS AND EVALUATION INSTRUMENTS; SECTION 59-26-40, RELATING TO TEACHER CONTRACTS AND CERTIFICATION, SO AS TO REVISE THE MANNER IN WHICH AND PROCEDURES UNDER WHICH TEACHERS ARE ASSISTED, CERTIFIED, EMPLOYED, AND EVALUATED; AND TO REPEAL SECTION 59-26-80 RELATING TO THE EDUCATION ENTRANCE EXAMINATION.

(R134) S. 564 (Word version) -- Senator Martin: AN ACT 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.

(R135) S. 577 (Word version) -- Senators Fair, Holland, Bryan, Moore, McConnell, Glover and Courtney: A JOINT RESOLUTION TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO ESTABLISH A PILOT CHILD PROTECTIVE SERVICES SYSTEM IN ONE REGION OF THE STATE WHICH ALLOWS THE DEPARTMENT TO DIVERT CHILD ABUSE AND NEGLECT CASES TO AN ASSESSMENT TRACK RATHER THAN FOLLOWING NORMAL PROTOCOL WHEN CERTAIN MORE SERIOUS FORMS OF ALLEGED ABUSE OR NEGLECT ARE NOT PRESENT; TO ESTABLISH THE PROCEDURES UNDER WHICH THE DEPARTMENT SHALL OPERATE THIS PILOT; TO DIRECT THE DEPARTMENT TO COLLABORATE WITH THE COMMUNITY TO IDENTIFY FORMAL AND INFORMAL SERVICES FOR ABUSED CHILDREN AND FAMILIES OF ABUSED CHILDREN; AND TO DIRECT THE DEPARTMENT TO GATHER INFORMATION CONCERNING REPORTS OF EXCESSIVE CORPORAL PUNISHMENT AND TO REPORT TO THE GOVERNOR AND HOUSE AND SENATE JUDICIARY COMMITTEES WHETHER CHILD ABUSE DEFINITIONS AND HANDLING OF SUCH REPORTS SHOULD BE MODIFIED.

(R136) S. 594 (Word version) -- Senator Ryberg: AN ACT TO AMEND ARTICLE 27, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BICYCLISTS, BY ADDING SECTION 56-5-3515, SO AS TO AUTHORIZE AN AUTHORIZED POLICE PATROL BICYCLE USED AS A PART OF A POLICE BICYCLE PATROL TO EXERCISE THE PRIVILEGES OF AN EMERGENCY VEHICLE, TO AUTHORIZE THE BICYCLE TO BE EQUIPPED WITH A SIREN OR THE OFFICER TO USE A WHISTLE, OR BOTH, AND TO AUTHORIZE THE BICYCLE TO ACT AS AN EMERGENCY VEHICLE IF IT MAKES USE OF AN AUTHORIZED AUDIBLE SIGNAL OR AUTHORIZED VISUAL SIGNALS; AND TO AMEND SECTION 56-5-3480, AS AMENDED, RELATING TO THE PROHIBITION ON THE USE OF SIRENS AND WHISTLES ON BICYCLES, SO AS TO EXEMPT AUTHORIZED POLICE PATROL BICYCLES FROM THIS PROHIBITION.

(R137) S. 622 (Word version) -- Senator Drummond: A JOINT RESOLUTION TO ALLOW THE DEPARTMENT OF PUBLIC SAFETY TO RETAIN AND EXPEND MOTOR CARRIER REGISTRATION FEES FOR FISCAL YEAR 1996-97.

(R138) S. 624 (Word version) -- Senators Setzler, Ryberg, Lander, Wilson and Drummond: AN ACT 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 BONDS OR NOTES ISSUED TO A JOINT SYSTEM TO BE PAID FROM OTHER FUNDS AS MAY BE AVAILABLE, TO PROVIDE FOR A TWO-THIRDS VOTE REQUIREMENT OF THE COMMISSIONERS TO BORROW MONEY AND ISSUE BONDS OR NOTES FOR PAYMENT, AND TO ALLOW MEMBERS OF A JOINT SYSTEM TO PRESCRIBE, AS THEY CONSIDER NECESSARY, ADDITIONAL PROCEDURES AND REQUIREMENTS 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 AND TO REVISE THE MANNER IN WHICH JOINT SYSTEM PROJECTS ARE APPROVED; TO AMEND SECTION 6-25-111, RELATING TO ISSUANCE, SALE, AND EXECUTION OF BONDS BY JOINT SYSTEMS, SO AS TO FURTHER PROVIDE FOR THE APPROVAL PROCESS REQUIRED FOR PROJECTS REQUIRED TO BE FINANCED BY SUCH 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.

(R139) S. 634 (Word version) -- Senators Thomas and Holland: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 20-7-6890, 20-7-6895, 20-7-6900, 20-7-6905, AND 20-7-6910, 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, TO ESTABLISH THE MANUFACTURING AND PROCESSING OF GOODS FOR STATE ENTITIES, TO MAKE IT UNLAWFUL IN THIS STATE TO SELL GOODS MADE BY JUVENILE OFFENDERS AND TO PROVIDE EXCEPTIONS AND TO ESTABLISH A FUND WITHIN THE DEPARTMENT OF JUVENILE JUSTICE FOR THE COMPENSATION OF CRIME VICTIMS FROM WAGES EARNED BY JUVENILES WORKING IN THE YOUTH INDUSTRIES PROGRAM AND TO PROVIDE FOR THE DISBURSEMENT OF THESE FUNDS; 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.

(R140) S. 637 (Word version) -- Senators Peeler, Alexander and Lander: AN ACT 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 MAY PROMULGATE REGULATIONS TO ESTABLISH THE METHODS FOR HUNTING AND TAKING OF DEER AND FOR 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; TO REPEAL SECTION 50-11-395 RELATING TO THE ISSUANCE OF ANTLERLESS DEER PERMITS IN GAME ZONES 1, 2, AND 4; TO AMEND SECTION 50-17-615, RELATING TO AREAS WHERE IT IS LAWFUL TO TRAWL FOR SHRIMP OR PRAWN DURING CERTAIN PERIODS, SO AS TO ESTABLISH GENERAL AND RESTRICTED TRAWLING AREAS WHERE IT IS LAWFUL TO TRAWL FOR SHRIMP OR PRAWN DURING CERTAIN TIMES AND SEASONS AND TO PROVIDE EXCEPTIONS; TO REPEAL SECTION 50-17-610 RELATING TO LAWFUL WATERS IN WHICH TO TRAWL FOR SHRIMP OR PRAWN DURING CERTAIN TIMES AND SECTION 50-17-618 RELATING TO WATERS CLOSED TO TRAWLING; AND TO AMEND SECTION 50-17-50, AS AMENDED, RELATING TO PERMITS FOR TAKING MARINE LIFE FOR EXPERIMENTAL OR SCIENTIFIC PURPOSES, SO AS TO FURTHER PROVIDE FOR THESE PERMITS, THE MARINE LIFE TO WHICH THE PERMITS APPLY, AND THE PURPOSES FOR WHICH SUCH MARINE LIFE MAY BE TAKEN.

(R141) S. 645 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CONTROLLED SUBSTANCES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2162, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R142) S. 653 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF COSMETOLOGY, RELATING TO QUALIFICATIONS AND PROVISIONS FOR LICENSURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2110, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R143) S. 708 (Word version) -- 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.

(R144) S. 709 (Word version) -- 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.

(R145) S. 710 (Word version) -- 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.

(R146) S. 712 (Word version) -- Senator Bryan: AN ACT TO AMEND ACT 1182 OF 1968, AS AMENDED, RELATING TO THE DUNKLIN FIRE DISTRICT IN GREENVILLE COUNTY SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD OF FIRE CONTROL FOR THE DISTRICT FROM THREE TO FIVE MEMBERS EFFECTIVE WITH THE 1998 GENERAL ELECTION, TO REQUIRE THE MEMBERS TO BE PUBLICLY ELECTED AT LARGE FROM THE DISTRICT AND TO PROVIDE FOR THE TERMS FOR THE EXISTING AND NEW MEMBERS OF THE RECONSTITUTED BOARD.

(R147) S. 737 (Word version) -- Senators Hayes, Peeler, Gregory and Short: AN ACT TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN YORK COUNTY, SO AS TO COMBINE ROCK HILL NO. 1 AND NORTHSIDE PRECINCTS INTO THE NORTHSIDE PRECINCT AND REVISE THE MAP DOCUMENT NUMBER ON THE OFFICIAL MAP ON WHICH THE LINES OF THE PRECINCTS ARE DELINEATED.

(R148) S. 739 (Word version) -- Senator Elliott: AN ACT TO AMEND ACT 742 OF 1946, AS AMENDED, RELATING TO THE LORIS COMMUNITY HOSPITAL DISTRICT, SO AS TO EXPAND THE BOUNDARIES OF THE DISTRICT, ADD TWO MEMBERS TO THE GOVERNING BODY OF THE DISTRICT, PROVIDE FOR THE REPRESENTATION OF THE MEMBERS OF THE GOVERNING BODY, AND PROVIDE FOR THE TERMS OF THE TWO NEW MEMBERS.

(R149) S. 751 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO TURTLE EXCLUDER DEVICES REQUIRED IN CHANNEL NETS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2165, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R150) S. 761 (Word version) -- Senator Reese: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 19, TITLE 50, SO AS TO PROVIDE THE DEPARTMENT OF NATURAL RESOURCES THE AUTHORITY TO PROMULGATE REGULATIONS TO MANAGE AND PROTECT FISHERIES IN LAKE WILLIAM C. BOWEN, LAKE BLALOCK, AND SPARTANBURG MUNICIPAL RESERVOIR #1 IN SPARTANBURG COUNTY.

(R151) H. 3063 (Word version) -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Carnell, Cato, Harrison, Meacham, Quinn, Sharpe, D. Smith, Townsend, Vaughn, Stille, Cotty, Witherspoon, Seithel, Bailey, Walker, Altman, Whatley, Kirsh, Young-Brickell, Sandifer, Wilkes, Simrill, Robinson, Stuart, Harrell, Riser, Gamble, Littlejohn and J. Smith: AN ACT RATIFYING AN AMENDMENT TO SECTION 15, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS FOR JUSTICES OF THE SUPREME COURT AND JUDGES OF THE COURT OF APPEALS AND THE CIRCUIT COURT, SO AS TO INCREASE FROM TWENTY-SIX TO THIRTY-TWO THE AGE REQUIREMENT FOR ELECTION TO THESE OFFICES, TO INCREASE FROM FIVE TO EIGHT THE NUMBER OF YEARS WHICH A PERSON MUST HAVE BEEN A LICENSED ATTORNEY AT LAW IN ORDER TO BE ELIGIBLE FOR ELECTION TO THESE OFFICES, AND TO PROVIDE THAT ANY JUSTICE OR JUDGE SERVING IN OFFICE ON THE EFFECTIVE DATE OF THE PROVISIONS OF THIS SECTION REQUIRING A JUSTICE OR JUDGE TO BE THIRTY-TWO YEARS OF AGE AND TO HAVE EIGHT YEARS OF SERVICE AS A LICENSED ATTORNEY AT LAW WHO IS NOT OF THAT AGE OR WHO HAS NOT BEEN LICENSED FOR THIS REQUIRED PERIOD OF TIME MAY CONTINUE TO SERVE FOR THE REMAINDER OF HIS THEN CURRENT TERM AND IS CONSIDERED TO HAVE THE REQUISITE AGE AND YEARS OF SERVICE AS A LICENSED ATTORNEY FOR PURPOSES OF FUTURE RE-ELECTIONS TO THAT JUDICIAL OFFICE; AND RATIFYING AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION, RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL ESTABLISH A JUDICIAL MERIT SELECTION COMMISSION TO CONSIDER THE QUALIFICATIONS AND FITNESS OF CANDIDATES FOR JUDICIAL POSITIONS ON THE COURTS OF THIS STATE WHICH ARE FILLED BY ELECTION OF THE GENERAL ASSEMBLY, TO PROVIDE THAT NO PERSON MAY BE ELECTED TO THESE JUDICIAL POSITIONS UNLESS HE OR SHE HAS BEEN FOUND QUALIFIED BY THE COMMISSION AND THAT THE GENERAL ASSEMBLY MUST ELECT THESE JUSTICES AND JUDGES FROM AMONG THE NOMINEES OF THE COMMISSION, TO PROVIDE THAT BEFORE A SITTING MEMBER OF THE GENERAL ASSEMBLY MAY SUBMIT AN APPLICATION WITH THE COMMISSION AND BEFORE IT MAY ACCEPT OR CONSIDER IT, THE MEMBER OF THE GENERAL ASSEMBLY MUST FIRST RESIGN HIS OFFICE AND HAVE BEEN OUT OF OFFICE FOR A PERIOD ESTABLISHED BY LAW, AND TO PROVIDE THAT BEFORE A MEMBER OF THE COMMISSION MAY SUBMIT AN APPLICATION AND BEFORE THE COMMISSION MAY ACCEPT OR CONSIDER IT, THAT PERSON MUST NOT HAVE BEEN A MEMBER OF THE COMMISSION FOR A PERIOD ESTABLISHED BY LAW.

(R152) H. 3064 (Word version) -- Reps. Wilkins, Haskins, Sharpe, Townsend, Meacham, Carnell, Quinn, Harrison, Cato, J. Brown, Vaughn, D. Smith, H. Brown, Stille, Kirsh, Cotty, Young-Brickell, Sandifer, Witherspoon, Baxley, Simrill, Seithel, Bailey, Robinson, Walker, Stuart, Altman, Harrell, Riser, Rodgers, Gamble, Harvin and Littlejohn: AN ACT RATIFYING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PUBLIC-FUNDED RETIREMENT SYSTEMS, SO AS TO AUTHORIZE THE INVESTMENT AND REINVESTMENT OF ASSETS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS IN EQUITY SECURITIES OF CORPORATIONS WITHIN THE UNITED STATES REGISTERED ON A NATIONAL SECURITIES EXCHANGE OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATIONS SYSTEM, TO PROVIDE FOR THE ESTABLISHMENT OF THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL AND PROVIDE FOR ITS MEMBERSHIP, AND TO PROVIDE THAT THE PANEL SHALL NOT EXIST UNTIL THE GENERAL ASSEMBLY ENACTS IMPLEMENTING LEGISLATION ESTABLISHING THE PANEL, PROVIDING THE TERMS, DUTIES, AND COMPENSATION OF ITS MEMBERS, AUTHORIZING THE INVESTMENTS ALLOWED PURSUANT TO THIS AMENDMENT AND WHICH ALSO MAY PROVIDE THOSE LIMITATIONS ON INVESTMENTS IN EQUITY SECURITIES CONSIDERED PRUDENT BY THE GENERAL ASSEMBLY.

(R153) H. 3103 (Word version) -- Reps. J. Brown and Clyburn: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-260 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR A PERSON PERFORMING AN EARLY PERIODIC SCREENING, DIAGNOSIS, AND TREATMENT SCREENING (EPSDT) OR EXAMINATION OF A CHILD TO REFER THE CHILD TO AN APPROPRIATE AGENCY FOR AN ASSISTIVE TECHNOLOGY EVALUATION IF IT IS DETERMINED THAT THE CHILD MAY BENEFIT FROM SUCH TECHNOLOGY.

(R154) H. 3112 (Word version) -- Rep. Byrd: AN ACT TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 125 TO ENACT THE OSTEOPOROSIS PREVENTION, TREATMENT, AND EDUCATION ACT SO AS TO ESTABLISH THE OSTEOPOROSIS EDUCATION FUND TO BE ADMINISTERED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO PROVIDE FOR THE PURPOSE OF THE FUND AND THE DEPARTMENT'S RESPONSIBILITIES IN CARRYING OUT THE PURPOSE OF THE FUND.

(R155) H. 3240 (Word version) -- Reps. Spearman, Wilkins, Beck, Edge, Altman, Bauer, Barfield, Barrett, Knotts, Rice, Harrell, Young-Brickell, Meacham, Limehouse, Klauber, Young, Sandifer, Mullen, Stuart, McCraw, Harrison, Mason, Allison, Davenport, Townsend, Martin, Kelley, Riser, Witherspoon, Hawkins, Keegan, Campsen, Rodgers, Chellis and Seithel: AN ACT TO ENACT "THE SOUTH CAROLINA SCHOOL SAFETY ACT OF 1997" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-612 SO AS TO PROVIDE THAT IF A STUDENT COMMITS AN ASSAULT AND BATTERY THAT IS NOT AGGRAVATED ON SCHOOL GROUNDS OR AT A SCHOOL-SPONSORED EVENT AGAINST ANY PERSON AFFILIATED WITH THE SCHOOL IN AN OFFICIAL CAPACITY, THE STUDENT IS GUILTY OF THE CRIME OF ASSAULT AND BATTERY ON SCHOOL PERSONNEL AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 20-7-7210, AS AMENDED, RELATING TO JUVENILE DETENTION PROCEDURES, SO AS TO AUTHORIZE A CHILD TO BE DETAINED IN A SECURE JUVENILE DETENTION FACILITY IF THE CHILD IS CHARGED WITH ASSAULT AND BATTERY OR AN ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE ON SCHOOL GROUNDS OR AT A SCHOOL-SPONSORED EVENT AGAINST ANYONE AFFILIATED WITH THE SCHOOL IN AN OFFICIAL CAPACITY; TO AMEND SECTION 22-3-560, RELATING TO A MAGISTRATE'S AUTHORITY TO PUNISH ASSAULTS AND BATTERIES AND OTHER BREACHES OF THE PEACE AND EXCEPTIONS THERETO, SO AS TO INCREASE THE PENALTIES FOR VIOLATION AND PROVIDE THAT AN ASSAULT AND BATTERY ON SCHOOL PERSONNEL SHALL BE PUNISHED AS PROVIDED IN SECTION 16-3-612; TO ADD SECTION 59-63-370 SO AS TO REQUIRE THE DEPARTMENT OF JUVENILE JUSTICE, THE DEPARTMENT OF CORRECTIONS, OR THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES WHEN A STUDENT IS ASSIGNED TO IT, TO NOTIFY THE SENIOR ADMINISTRATOR OF THE SCHOOL IN WHICH THE STUDENT IS ENROLLED OF A STUDENT'S CONVICTION OF CERTAIN CRIMES, TO PROVIDE FOR OTHER TYPES OF NOTIFICATION TO THE STUDENT'S SCHOOL DISTRICT WHEN THE STUDENT IS NOT INCARCERATED UPON CONVICTION FOR THESE OFFENSES, TO PROVIDE FOR NOTIFICATION TO EACH TEACHER IN WHOSE CLASS THE STUDENT IS ENROLLED OF SUCH CONVICTIONS, AND TO PROVIDE FOR THE INCLUSION OF THIS INFORMATION IN THE STUDENT'S PERMANENT RECORD; TO ADD SECTION 59-63-380 SO AS TO GRANT CIVIL AND CRIMINAL IMMUNITY TO PERSONS AFFILIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY MAKING A REPORT OF A SCHOOL-RELATED CRIME IN GOOD FAITH; AND TO ADD SECTION 59-63-390 SO AS TO REQUIRE THE SENIOR ADMINISTRATOR OF EACH SCHOOL TO INCLUDE A SUMMARY OF THE SCHOOL CRIME REPORT ACT AND THE PROVISIONS OF SECTION 16-3-612 IN THE SCHOOL'S STUDENT HANDBOOK EACH YEAR.

(R156) H. 3286 (Word version) -- Rep. Sharpe: AN ACT TO AMEND SECTIONS 40-30-40 AND 40-30-65, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE ADVISORY PANEL AND DISCIPLINARY PANEL, RESPECTIVELY, FOR MASSAGE/BODYWORK, SO AS TO ALLOW A MEMBER OF EITHER PANEL TO SERVE MORE THAN TWO TERMS AND TO REQUIRE COMPENSATION FOR PANEL MEMBERS AS AUTHORIZED FOR MEMBERS OF BOARDS AND COMMISSIONS; TO AMEND SECTION 40-30-80, AS AMENDED, RELATING TO FEES SO AS TO PROVIDE FOR APPLICATION, RENEWAL, AND LATE FEES; TO AMEND SECTION 40-30-180, RELATING TO MASSAGE/BODYWORK LICENSE RENEWAL, SO AS TO PROVIDE REACTIVATION PROCEDURES WHEN CONTINUING EDUCATION REQUIREMENTS ARE NOT MET FOR RENEWAL; TO AMEND SECTION 40-30-220, RELATING TO RESTRAINING ORDERS, SO AS TO PROVIDE THAT THE ADMINISTRATIVE PROCEDURES ACT RATHER THAN RULES OF CIVIL PROCEDURE APPLIES WHEN SEEKING AN ORDER; SECTION 40-30-310, RELATING TO VIOLATIONS OF THE CHAPTER, SO AS TO PROVIDE THAT AN ACTION FOR INJUNCTIVE RELIEF MAY BE BROUGHT THROUGH THE ADMINISTRATIVE LAW JUDGE DIVISION RATHER THAN CIRCUIT COURT; TO AMEND ACT 387 OF 1996, RELATING TO GRANDFATHERING PROVISIONS FOR MASSAGE/BODYWORK THERAPISTS, SO AS TO PROVIDE FOR THE WAIVER OF THE EXAMINATION UNDER CERTAIN CIRCUMSTANCES; AND TO PROVIDE THAT INITIAL PANEL APPOINTEES ARE NOT REQUIRED TO BE LICENSED TO PRACTICE MASSAGE/BODYWORK UNTIL JANUARY 1, 1998, IF OTHER REQUIREMENTS ARE MET.

(R157) H. 3340 (Word version) -- Reps. Hawkins, Littlejohn, Altman, Bauer, Simrill, Davenport, McCraw, Trotter, Mullen, Barrett, Hinson, Maddox, Beck, Campsen, Webb, Tripp, Battle, Miller and Pinckney: AN ACT 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, AND TO PROVIDE THAT NOTHING CONTAINED IN SECTION 50-11-940 SHALL BE CONSTRUED TO BE IN CONFLICT WITH THE PROVISIONS OR INTENT OF THE LAST WILL AND TESTAMENT OF BELLE W. BARUCH WHICH LAST WILL AND TESTAMENT SHALL CONTROL WITH RESPECT TO THE PROVISIONS OF SECTION 50-11-940.

(R158) H. 3408 (Word version) -- Rep. D. Smith: AN ACT TO AMEND SECTION 17-22-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRETRIAL INTERVENTION APPLICATION AND PARTICIPATION FEES, SO AS TO INCREASE THE APPLICATION FEE FROM FIFTY DOLLARS TO ONE HUNDRED DOLLARS AND TO INCREASE THE AGGREGATE FEES FOR APPLICATION AND PARTICIPATION FROM THREE HUNDRED DOLLARS TO THREE HUNDRED FIFTY DOLLARS.

(R159) H. 3450 (Word version) -- Reps. Vaughn, Simrill, Rice, F. Smith, Easterday, Quinn, Townsend, Hawkins, Haskins, Maddox, Allison, Lee, Leach, Stille, Hamilton, Cato, McMahand, Tripp, Riser, Loftis, Littlejohn, Robinson, Walker, Davenport, Martin, Bowers, Rodgers, Miller, Battle, Lanford, Witherspoon and Mason: AN ACT TO AMEND SECTION 12-28-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION AND USE OF "C" FUND GASOLINE TAX REVENUES, SO AS TO PROVIDE THAT EARNINGS ON THE COUNTY TRANSPORTATION FUND MUST BE CREDITED TO COUNTIES IN THE PROPORTION THE COUNTY'S DISTRIBUTION OF "C" FUNDS IS OF THE TOTAL OF SUCH DISTRIBUTIONS STATEWIDE AND TO PROVIDE THAT THESE DISTRIBUTIONS SHALL NOT INCLUDE COUNTIES THAT ADMINISTER THEIR OWN "C" FUNDS.

(R160) H. 3462 (Word version) -- Rep. Davenport: AN ACT TO AMEND SECTION 39-19-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZED CHARGES AND COMMISSIONS FOR HANDLING AND SELLING LEAF TOBACCO, SO AS TO PROVIDE TWO OPTIONAL METHODS FOR DETERMINING THESE CHARGES AND COMMISSIONS.

(R161) H. 3528 (Word version) -- Rep. H. Brown: AN ACT TO AMEND SECTION 2-7-71, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR A REVENUE IMPACT STATEMENT ON BILLS RELATING TO STATE TAXES REPORTED OUT OF STANDING COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND SENATE, SO AS TO PROVIDE THAT THIS STATEMENT MUST BE CERTIFIED BY THE BOARD OF ECONOMIC ADVISORS RATHER THAN AN AGENT OF THE DEPARTMENT OF REVENUE, AND TO PROVIDE THAT THE BOARD MAY REQUEST THE TECHNICAL ADVICE OF THE DEPARTMENT OF REVENUE WITH RESPECT TO THE PREPARATION OF THESE STATEMENTS.

(R162) H. 3548 (Word version) -- Rep. Boan: AN ACT TO AMEND SECTION 12-8-1520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILING OF RETURNS AND PAYMENT BY A WITHHOLDING AGENT, SO AS TO DELETE REFERENCE TO "MAKE A RETURN"; TO AMEND SECTION 12-8-1530, RELATING TO FILING OF QUARTERLY RETURNS BY A WITHHOLDING AGENT, SO AS TO PROVIDE A DEADLINE FOR FILING THE FOURTH QUARTER RETURN; TO AMEND SECTION 12-8-1550, RELATING TO FILING OF STATEMENTS BY A WITHHOLDING AGENT, SO AS TO PROVIDE THAT INFORMATION MUST BE FILED ON MAGNETIC MEDIA; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS FOR MATERIAL HANDLING SYSTEMS AND EQUIPMENT USED IN A DISTRIBUTION OR MANUFACTURING FACILITY, SO AS TO REQUIRE AN INVESTMENT OF AT LEAST THIRTY-FIVE MILLION DOLLARS INSTEAD OF FORTY MILLION DOLLARS.

(R163) H. 3550 (Word version) -- Rep. Boan: AN ACT TO AMEND SECTION 12-54-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITION OF DISCLOSURE OF INFORMATION FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO ALLOW EXAMINATION OF INFORMATION BY PERSONS CONTRACTED WITH FOR AUDIT OF STATEWIDE FINANCIAL STATEMENTS OR COLLECTION OF DELINQUENT TAXES, AND TO SUBSTITUTE "DEPARTMENT" FOR "COMMISSION".

(R164) H. 3554 (Word version) -- Rep. Boan: AN ACT TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO CLARIFY THE CIRCUMSTANCES FOR EXEMPTION OF TANGIBLE PERSONAL PROPERTY PURCHASED PURSUANT TO A CONTRACT WITH THE FEDERAL GOVERNMENT.

(R165) H. 3556 (Word version) -- Rep. Boan: AN ACT TO AMEND SECTION 12-54-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TIME LIMITS FOR ASSESSMENT OF TAXES, SO AS TO DELETE REFERENCES TO FEES AND TO CLARIFY THE TIME LIMIT FOR FILING A CLAIM FOR CREDIT OR REFUND.

(R166) H. 3557 (Word version) -- Reps. Wilkins and H. Brown: AN ACT TO AMEND SECTION 6-4-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCOMMODATIONS TAX OVERSIGHT COMMITTEE, SO AS TO ELIMINATE THE COMMITTEE AND DEVOLVE ITS OVERSIGHT FUNCTION ON THE DEPARTMENT OF REVENUE AND TO DEVOLVE THE REPORTING REQUIREMENT ON THE DEPARTMENT OF PARKS, RECREATION AND TOURISM.

(R167) H. 3641 (Word version) -- Rep. Harvin: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON SEPTEMBER 5 AND 6, 1996, BY THE STUDENTS OF CLARENDON COUNTY SCHOOL DISTRICTS 1, 2, AND 3 IN CLARENDON COUNTY FOR SCHOOL YEAR 1996-97 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP, AND TO REPEAL A JOINT RESOLUTION OF 1997 BEARING RATIFICATION NUMBER 45 RELATING TO SCHOOL DAYS NOT REQUIRED TO BE MADE UP IN CLARENDON COUNTY.

(R168) H. 3708 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RESIDENTIAL BUILDERS COMMISSION, RELATING TO LICENSING OF RESIDENTIAL BUILDERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2157, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R169) H. 3771 (Word version) -- Rep. Sharpe: AN ACT TO AMEND SECTION 44-2-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSES AND USES OF THE SUPERB ACCOUNT AND THE SUPERB FINANCIAL RESPONSIBILITY FUND SO AS TO CLARIFY THAT THE SUPERB FINANCIAL RESPONSIBILITY FUND CAN PAY CLAIMS DIRECTLY, TO REQUIRE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S INTERVENTION COSTS NOT AFFECT THE PER OCCURRENCE COVERAGE AMOUNTS, AND TO CLARIFY THAT, AS ACCOUNT AND FUND ADMINISTRATORS, THE STATE AND DEPARTMENT DO NOT ASSUME ADDITIONAL LIABILITY WHEN FUNDING IS INSUFFICIENT; TO AMEND SECTION 44-2-50, AS AMENDED, RELATING TO UNDERGROUND STORAGE TANK REQUIREMENTS SO AS TO CLARIFY THAT ANY LENDER LIABILITY EXEMPTION IS EXTENDED ONLY TO OWNERS OF PETROLEUM PRODUCT TANKS; TO AMEND SECTION 44-2-60, AS AMENDED, RELATING TO REGISTRATION OF UNDERGROUND STORAGE TANKS, SO AS TO REQUIRE AN ANNUAL REGISTRATION FEE FOR REGULATED TANKS, TO AUTHORIZE THE DEPARTMENT TO ASSESS PENALTIES FOR LATE FEES AND TO PROHIBIT THE DEPARTMENT FROM DISBURSING MONIES FROM THE SUPERB ACCOUNT OR SUPERB FINANCIAL RESPONSIBILITY FUND TO OWNERS OR OPERATORS WHO OWE FEES OR PENALTIES; TO AMEND SECTION 44-2-80, AS AMENDED, RELATING TO RELEASE OF REGULATED SUBSTANCES, SO AS TO CLARIFY THAT ANY LENDER LIABILITY EXEMPTION IS EXTENDED ONLY TO OWNERS OF PETROLEUM PRODUCT TANKS; AND TO AMEND SECTION 44-2-140, RELATING TO ENFORCEMENT OF THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO CLARIFY THE DEPARTMENT'S AUTHORITY TO ENFORCE THE ACT AND TO AUTHORIZE THE DEPARTMENT TO SUSPEND THE DISPENSING OF A PETROLEUM PRODUCT FROM TANKS THAT POSE AN IMMINENT HAZARD.

(R170) H. 3801 (Word version) -- Reps. Wilkins, F. Smith, Loftis, Haskins, Cato, Tripp, Hamilton, Vaughn, Easterday, McMahand, Rice and Leach: AN ACT TO AMEND SECTION 9-13-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF THE PENSION FUND FOR MUNICIPAL FIREMEN, SO AS TO CHANGE THE COMPOSITION OF THE BOARD.

(R171) H. 3802 (Word version) -- Rep. Boan: AN ACT TO AMEND SECTION 12-54-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE PROHIBITION AGAINST DISCLOSURE OF INFORMATION FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO EXCEPT A DISCLOSURE MADE TO A STATE AGENCY OR COUNTY AUDITOR OR ASSESSOR AS TO THE FILING OF A RETURN BY A PARTICULAR TAXPAYER AND A DISCLOSURE MADE TO A STATE OR FEDERAL LEVEL GOVERNMENT OFFICIAL ELECTED FROM THE STATE OF SOUTH CAROLINA FROM WHOM THE TAXPAYER HAS SOUGHT ASSISTANCE.

(R172) H. 3852 (Word version) -- Reps. Wilkins, Cato, Altman, Tripp, Jennings, Fleming, Sharpe, Mason, Sandifer, Littlejohn, Barfield, Meacham, Hinson, Robinson, Cooper, Haskins, Simrill, Walker, Woodrum, Loftis, Chellis, Stuart, Whatley, Leach, Barrett, Trotter, Harrison, Hamilton, Easterday, Allison and Davenport: AN ACT TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY SECURITIES, BY ADDING CHAPTER 30 SO AS TO AUTHORIZE THE CREATION OF A STATE SAVINGS BANK IN SOUTH CAROLINA; TO PROVIDE FOR ORGANIZATION OF, APPLICATION FOR AND APPROVAL OF, CORPORATE ADMINISTRATION OF, AND OPERATION OF A MUTUAL OR A STOCK STATE SAVINGS BANK; TO PROVIDE FOR CONVERSION OF A STATE SAVINGS BANK TO A FEDERAL BANK OR ASSOCIATION OR FROM A MUTUAL TO A STOCK SAVINGS BANK, OR FOR CONVERSION OF ANOTHER BANK OR ASSOCIATION TO A STATE SAVINGS BANK; TO PROVIDE FOR THE MERGER OF A STATE SAVINGS BANK WITH ANOTHER BANK OR ASSOCIATION; TO PROVIDE FOR VOLUNTARY DISSOLUTION; TO PROVIDE FOR REGULATION, SUPERVISION, CONSERVATORSHIP, AND RECEIVERSHIP BY THE STATE BOARD OF FINANCIAL INSTITUTIONS; TO PROVIDE FOR PROHIBITED PRACTICES AND PENALTIES FOR PARTICIPATION IN PROHIBITED PRACTICES; AND TO PROVIDE FOR LENDING AUTHORITY AND PROCEDURES.

(R173) H. 3859 (Word version) -- Reps. Robinson, Altman, Campsen, McMaster, Harrison, Riser and Delleney: AN ACT TO AMEND SECTION 12-2-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS APPLYING TO LIMITED LIABILITY COMPANIES, SO AS TO EXCLUDE SINGLE-MEMBER LIABILITY COMPANIES AND GRANTOR TRUSTS FROM ALL STATE TAX LIABILITY IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 33-44-201, RELATING TO LIMITED LIABILITY COMPANIES AS LEGAL ENTITIES, SO AS TO EXCEPT CERTAIN SINGLE-MEMBER LIMITED LIABILITY COMPANIES; TO AMEND SECTION 33-44-1001, RELATING TO CHOICE OF LAW ISSUES FOR LIMITED LIABILITY COMPANIES, SO AS TO EXCEPT CERTAIN SINGLE-MEMBER LIMITED LIABILITY COMPANIES.

(R174) H. 3907 (Word version) -- Rep. Cooper: AN ACT TO PROVIDE THAT THE TERM OF OFFICE OF THE SCHOOL TRUSTEE OF ANDERSON COUNTY SCHOOL DISTRICT NUMBER ONE ELECTED FROM AREA 2 EXPIRES IN THE YEAR 2000, AT WHICH TIME A SUCCESSOR SHALL BE ELECTED IN THE MANNER PROVIDED BY LAW.

(R175) H. 3945 (Word version) -- Reps. Young-Brickell, Cato, Barrett, Woodrum, Seithel, Sandifer, Sheheen, H. Brown, Law, Meacham, Harrell, Chellis, Hamilton, Kinon, Sharpe, Bailey, Witherspoon, Hinson, Littlejohn, Keegan, Harrison and Haskins: AN ACT TO AMEND SECTION 38-73-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MERIT RATING SYSTEM FOR WORKERS' COMPENSATION INSURANCE, SO AS TO REQUIRE THE INCLUSION OF A CREDIT OF AT LEAST FIVE PERCENT FOR AN INSURED WHO PARTICIPATES IN A PROGRAM DESIGNED TO PREVENT THE USE OF DRUGS ON THE JOB BY EMPLOYEES OF THE INSURED, PROVIDE FURTHER FOR THE CREDIT TO BE ACTUARIALLY SOUND, PROVIDE FOR THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO ALLOW AND ORDER A CREDIT LESS THAN FIVE PERCENT WHEN THE CREDIT IS DETERMINED NOT TO BE ACTUARIALLY SOUND, PROVIDE FOR THE PROMULGATION OF CERTAIN REGULATIONS AND THE CERTIFICATION OF AN EMPLOYER DRUG PREVENTION PROGRAM, AND PROVIDE FOR RANDOM TESTING PROCEDURES; TO ADD SECTION 41-1-15, SO AS TO PROVIDE FOR WORKPLACE PROCEDURES DESIGNED TO PREVENT DRUGS ON THE JOB; AND PROVIDE THAT WORKERS' COMPENSATION POLICIES ISSUED OR RENEWED ON AND AFTER OCTOBER 1, 1997, SHALL BE GRANTED PREMIUM REDUCTION OF NOT LESS THAN FIVE PERCENT.

(R176) H. 3961 (Word version) -- Rep. Townsend: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2115 SO AS TO PROVIDE FOR THE MANNER IN WHICH A PERSON WHO HAS BEEN DISQUALIFIED FROM DRIVING A COMMERCIAL VEHICLE FOR ONE YEAR OR MORE MAY BE RE-EXAMINED TO OBTAIN A COMMERCIAL DRIVER LICENSE; TO AMEND SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN THE COMMERCIAL DRIVER LICENSE ACT, SO AS TO REVISE THE DEFINITION OF "OUT-OF-SERVICE ORDER"; TO AMEND SECTION 56-1-2060, RELATING TO AN EMPLOYER'S RESPONSIBILITY REGARDING THE OPERATION OF A COMMERCIAL MOTOR VEHICLE BY HIS EMPLOYEE, SO AS TO PROVIDE THAT AN EMPLOYER WHO KNOWINGLY ALLOWS, PERMITS, OR AUTHORIZES A PERSON TO DRIVE A COMMERCIAL MOTOR VEHICLE DURING A PERIOD WHICH THE VEHICLE OR DRIVER IS SUBJECT TO AN OUT-OF-SERVICE ORDER IS SUBJECT TO A CIVIL FINE; TO AMEND SECTION 56-1-2070, RELATING TO PROHIBITIONS AGAINST AND EXCEPTIONS TO CERTAIN PROHIBITIONS AGAINST DRIVING A COMMERCIAL MOTOR VEHICLE WITHOUT A VALID DRIVER'S LICENSE, SO AS TO DELETE AN OBSOLETE REFERENCE, AND TO PROVIDE PENALTIES FOR A PERSON WHO ILLEGALLY OPERATES A COMMERCIAL MOTOR VEHICLE; TO AMEND SECTION 56-1-2080, RELATING TO QUALIFICATIONS FOR A COMMERCIAL DRIVER LICENSE, THE ADMINISTRATION OF THE DRIVER SKILLS TEST, CERTAIN PERSONS TO WHOM A COMMERCIAL DRIVER LICENSE MAY NOT BE ISSUED, AND THE COMMERCIAL DRIVER INSTRUCTION PERMIT, SO AS TO DELETE THE PROVISIONS THAT PERMIT A WAIVER OF THE COMMERCIAL DRIVER LICENSE SKILLS TESTS TO CERTAIN COMMERCIAL DRIVER LICENSE APPLICANTS; TO AMEND SECTION 56-1-2100, AS AMENDED, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER LICENSE, SO AS TO REVISE THE PROVISIONS RELATING TO CLASSIFICATIONS, ENDORSEMENTS, AND RESTRICTIONS; TO AMEND SECTION 56-1-2120, RELATING TO THE PROHIBITION AGAINST DRIVING A COMMERCIAL VEHICLE WITH A MEASURABLE AMOUNT OF ALCOHOL, SO AS TO PROHIBIT AN ON-DUTY DRIVER OF A COMMERCIAL VEHICLE FROM POSSESSING AN ALCOHOLIC BEVERAGE WHICH IS NOT PART OF THE MANIFEST AND TRANSPORTED AS PART OF THE SHIPMENT; BY ADDING SECTION 56-5-5315 SO AS TO PROVIDE PROVISIONS THAT GOVERN THE OPERATION OF AN INTERMODAL TRAILER, CHASSIS, OR CONTAINER.

(R177) H. 4035 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORKERS' COMPENSATION REPEAL: FILING AND SERVICE OF FORMS AND MOTIONS, TERMINATING TEMPORARY COMPENSATION BENEFITS, COMPENSATION RATE, AVERAGE WEEKLY WAGE, AND COMPENSATION RATE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2115, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R178) H. 4048 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF REVENUE, RELATING TO REPEAL OF OBSOLETE REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2058, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R179) H. 4053 (Word version) -- Ways and Means Committee: AN ACT TO AMEND SECTION 43-7-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECOVERY FROM ESTATES OF CERTAIN INDIVIDUALS FOR MEDICAL ASSISTANCE, SO AS TO ESTABLISH CONDITIONS FOR UNDUE HARDSHIP UNDER WHICH SUCH RECOVERY MUST BE WAIVED UNTIL THE SECRETARY OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES ESTABLISHES CRITERIA.

(R180) H. 4054 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BUDGET AND CONTROL BOARD, RELATING TO SURPLUS PROPERTY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2114, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R181) H. 4055 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FAMILY INDEPENDENCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2177, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R182) H. 4056 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO NEED-BASED GRANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2167, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R183) H. 4106 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, CONTRACTORS' LICENSING BOARD, RELATING TO APPLICATION FOR LICENSE; EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2152, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R184) H. 4130 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADMINISTRATIVE PERSONNEL COMPENSATION GUIDE AND CONTRACTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1939, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R185) H. 4147 (Word version) -- Rep. Littlejohn: AN ACT TO AMEND ACT 189 OF 1995, RELATING TO THE SPARTANBURG COUNTY BOARD OF EDUCATION, SO AS TO ALLOW A CANDIDATE FOR A SEAT ON THE SPARTANBURG COUNTY BOARD OF EDUCATION TO QUALIFY HIS CANDIDACY FOR A PLACE ON THE BALLOT BY THE FILING OF A STATEMENT OF CANDIDACY.

(R186) H. 4148 (Word version) -- Reps. Boan and Hodges: AN ACT TO DEVOLVE THE AUTHORITY TO LEVY TAXES FOR SCHOOL OPERATING EXPENSES FROM THE GOVERNING BODY OF LANCASTER COUNTY TO THE LANCASTER COUNTY SCHOOL DISTRICT, TO PROVIDE A LIMITATION, AND TO PROVIDE FOR A REFERENDUM TO EXCEED THE LIMITATION.

(R187) H. 4156 (Word version) -- Rep. Littlejohn: AN ACT TO AMEND ACT 898 OF 1966, AS AMENDED, RELATING TO THE PACOLET STATION FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE MEMBERS OF THE BOARD OF FIRE CONTROL FOR THE DISTRICT FROM FIVE TO SEVEN.

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

Senator BRYAN asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.

On motion of Senator PEELER, with unanimous consent, the Bill was taken up for immediate consideration.

Senators BRYAN and PEELER proposed the following Amendment No. 1 (JUD3215.002), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION   .   The Department of Public Safety, in cooperation with the South Carolina Police Chiefs Association and the South Carolina Sheriffs Association, shall conduct a study concerning the number and character of accidents which result from high speed chases. The study shall determine the number of chases which result in accidents; the number of injuries and fatalities among law enforcement, persons being chased, and persons not involved in a chase; and other information related to high speed chases that the department considers appropriate. The study shall also include suggestions on how to curtail accidents resulting from high speed chases. The department shall report its findings to the General Assembly by the second Tuesday in January 1998./
Renumber sections to conform.
Amend title to conform.

Senator PEELER explained the amendment.

The amendment was adopted.

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

On motion of Senator PEELER, with unanimous consent, H. 3215 was ordered to receive a third reading on Thursday, June 5, 1997.

H. 4215 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LAW ENFORCEMENT DIVISION, RELATING TO CONCEALABLE WEAPONS PERMIT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2196, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator HOLLAND asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Judiciary.
There was no objection.

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

The Joint Resolution was read the second time, passed and ordered to a third reading.

On motion of Senator HOLLAND, with unanimous consent, H. 4215 was ordered to receive a third reading on Thursday, June 5, 1997.

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

Consideration resumed on the Bill.
Senator McCONNELL resumed speaking on the Bill.

H. 3695 (Word version) -- Ways and Means Committee: A BILL TO AMEND TITLE 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLANNING, RESEARCH, AND DEVELOPMENT, BY ADDING CHAPTER 4 SO AS TO CREATE THE SOUTH CAROLINA ECONOMIC DEVELOPMENT AUTHORITY AND PROVIDE FOR ITS GOVERNANCE, POWERS, AND DUTIES, AND PROVIDE FOR THE DEVOLUTION ON IT OF VARIOUS FUNCTIONS, POWERS, AND DUTIES OF THE DEPARTMENT OF COMMERCE THAT IT CONSIDERS NECESSARY TO ENHANCE ECONOMIC DEVELOPMENT AND GROWTH AND ON APPROVAL BY THE STATE BUDGET AND CONTROL BOARD; TO AMEND SECTION 1-11-720, AS AMENDED, RELATING TO ENTITIES ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE GROUP PLANS, SO AS TO INCLUDE THE AUTHORITY CREATED BY THIS ACT; TO AMEND SECTIONS 8-11-260 AND 8-17-370, BOTH AS AMENDED, RELATING TO EMPLOYEES EXEMPT FROM THE STATE EMPLOYEE CLASSIFICATION AND COMPENSATION PLAN AND THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO EXEMPT OFFICERS AND EMPLOYEES OF THE AUTHORITY CREATED BY THIS ACT; AND TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO THE DEFINITIONS OF "GOVERNMENTAL BODY" FOR PURPOSES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO EXCLUDE THE AUTHORITY CREATED BY THIS ACT FROM THE DEFINITION.

With Senator McCONNELL retaining the floor, Senator MOORE asked unanimous consent to take up the Bill for immediate consideration
Senator REESE objected.

Consideration resumed on H. 3919.
Senator McCONNELL resumed speaking on H. 3919.
Senator McCONNELL moved to adjourn debate on the Bill.

Debate was adjourned on the Bill.

The following was introduced:

S. 812 (Word version) -- Senators Peeler and Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE RUTH NAGY OF CAYCE, SOUTH CAROLINA, UPON BEING SELECTED TO RECEIVE THE SOUTH CAROLINA TAX COUNCIL 1997 SERVICE AWARD AND TO COMMEND HER FOR HER CONTRIBUTION TO THE ADVANCEMENT OF THE TAX PROFESSION AND FOR HER SERVICE TO THE COMMUNITY AND THE SOUTH CAROLINA TAX COUNCIL.
On motion of Senator PEELER, the Concurrent Resolution was taken up for immediate consideration.

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

S. 806 (Word version) -- Senator Mescher: A BILL TO AUTHORIZE THE STATE RETIREMENT SYSTEM TO ESTABLISH A SCHEDULE OF FLEXIBLE CONTRIBUTION RATES AND/OR OTHER MECHANISMS OR PLANS TO OFFER TO ELIGIBLE EMPLOYEES WITH A MINIMUM OF TWENTY-FIVE YEARS OF CREDITED SERVICE IN THE SYSTEM SO AS TO ENABLE AN ELIGIBLE EMPLOYEE TO RETIRE WITH LESS THAN THIRTY YEARS OF CREDITED SERVICE WITHOUT CAUSING A NEGATIVE ACTUARIAL IMPACT ON THE STATE RETIREMENT SYSTEM AND AT THE SAME TIME ALLOWING AN ELIGIBLE EMPLOYEE TO RETIRE WITH LESS THAN THIRTY YEARS OF CREDITED SERVICES WITHOUT A PENALTY TO THE EMPLOYEE OR A DIMINUTION OF THE RETIREMENT BENEFIT OF THE EMPLOYEE.
Read the first time and referred to the Committee on Finance.

S. 807 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 23-3-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RELEASE OF INFORMATION TO THE PUBLIC CONCERNING THE NAMES OF PERSONS REQUIRED TO REGISTER WITH THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE FURTHER CIRCUMSTANCES UNDER WHICH THE NAME OF AN OFFENDER MAY BE RELEASED TO A PERSON WHO HAS REASON TO BELIEVE THAT AN OFFENDER IS LIVING WITHIN A ONE-MILE RADIUS OF HIS RESIDENCE.
Read the first time and referred to the Committee on Judiciary.

S. 808 (Word version) -- Senators Ford, Peeler, Wilson, Anderson and Glover: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 2 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO INCREASE FROM FIVE TO SEVEN THE NUMBER OF JUSTICES COMPRISING THE SUPREME COURT; TO SECTION 3, ARTICLE V, RELATING TO THE ELECTION OF MEMBERS OF THE SUPREME COURT, SO AS TO PROVIDE THAT ASSOCIATE JUSTICES OF THE SUPREME COURT SHALL BE POPULARLY ELECTED FROM CONGRESSIONAL DISTRICTS BY THE QUALIFIED VOTERS OF EACH DISTRICT AND THAT THE CHIEF JUSTICE OF THE SUPREME COURT SHALL BE ELECTED FROM THE STATE AT-LARGE; TO SECTION 8, ARTICLE V, RELATING TO ELECTION OF MEMBERS OF THE COURT OF APPEALS, SO AS TO PROVIDE THAT JUDGES OF THE COURT OF APPEALS SHALL BE POPULARLY ELECTED FROM CONGRESSIONAL DISTRICTS BY THE QUALIFIED VOTERS OF EACH DISTRICT; AND TO SECTION 13, ARTICLE V, RELATING TO JUDICIAL CIRCUIT JUDGES, SO AS TO PROVIDE THAT CIRCUIT COURT JUDGES SHALL BE POPULARLY ELECTED FROM SENATORIAL DISTRICTS BY THE QUALIFIED VOTERS OF EACH DISTRICT AND THAT THE CHIEF JUSTICE SHALL ASSIGN CIRCUIT JUDGES TO THE JUDICIAL CIRCUITS WITH REASONABLE EFFORTS MADE TO ACCOUNT FOR GEOGRAPHICAL LOCATION.
Read the first time and referred to the Committee on Judiciary.

S. 809 (Word version) -- Senator Jackson: A BILL TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS, BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF DIETETICS; TO ESTABLISH THE COMMITTEE OF DIETICIANS AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH FEES AND TO PROVIDE PENALTIES.
Read the first time and referred to the Committee on Medical Affairs.

S. 810 (Word version) -- Senator Holland: A JOINT RESOLUTION TO PERMIT THE GOVERNOR TO RESUBMIT THE NAME OF THE INTERIM DIRECTOR SERVING AT THE DEPARTMENT OF PUBLIC SAFETY IF THE INTERIM APPOINTEE IS NOT CONFIRMED BY THE SENATE PRIOR TO THE GENERAL ASSEMBLY ADJOURNING, SINE DIE AND TO PROVIDE THAT IF THE INTERIM APPOINTEE'S NAME IS RESUBMITTED BY THE GOVERNOR, THAT THE APPOINTEE MAY CONTINUE TO SERVE UNTIL FEBRUARY 1, 1998, AT WHICH TIME THE OFFICE SHALL BE VACANT IF THE APPOINTEE IS NOT CONFIRMED.
Read the first time, and on motion of Senator HOLLAND, with unanimous consent, ordered placed on the Calendar without reference.

S. 811 (Word version) -- Senator Holland: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 5, 1997, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, JUNE 17, 1997, AND TO CONTINUE, IF NECESSARY, UNTIL WEDNESDAY, JUNE 18, 1997, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS ON WEDNESDAY, JUNE 18, 1997, NOT LATER THAN 5:00 P.M., THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
The Concurrent Resolution was adopted, ordered sent to the House.

S. 813 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA AREA HEALTH EDUCATION CONSORTIUM IN CONDUCTING ITS STATEWIDE NEEDS ASSESSMENT OF ALL HEALTH PROFESSIONALS TO EXAMINE THE PROBLEMS OF THE RECRUITMENT AND RETENTION OF NURSES AIDES IN SOUTH CAROLINA NURSING HOMES AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 1998.
The Concurrent Resolution was adopted, ordered sent to the House.

S. 814 (Word version) -- Senators Leventis, Courtney, Lander, Short, Alexander, Peeler, Wilson, Waldrep, Martin, Setzler, Fair, O'Dell and Jackson: A SENATE RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO RETAIN THE EXISTING NATIONAL AMBIENT AIR QUALITY STANDARDS.
The Senate Resolution was adopted.

S. 815 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MR. WILLIAM "BILLY" R. JUDD OF CHARLESTON COUNTY FOR HIS OUTSTANDING PUBLIC SERVICE DEDICATED TO PRESERVING THE CIVIL WAR EARTHWORKS ON JAMES ISLAND.
The Concurrent Resolution was adopted, ordered sent to the House.

S. 816 (Word version) -- Senator Williams: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND MS. LAURA SMALL OF BERKELEY COUNTY AND THANK HER FOR HER COMMITMENT TO THE EDUCATIONAL SYSTEM OF BERKELEY COUNTY UPON THE OCCASION OF HER RETIREMENT AND TO WISH HER WELL IN HER FUTURE ENDEAVORS.
The Senate Resolution was adopted.

S. 817 (Word version) -- Senators Alexander, Courson, Peeler, Elliott and Drummond: A SENATE RESOLUTION TO CONGRATULATE CHARLES WARREN OF THE CLEMSON UNIVERSITY GOLF TEAM ON WINNING THE 1997 NCAA NATIONAL TOURNAMENT.
The Senate Resolution was adopted.

S. 818 (Word version) -- Senator Wilson: A SENATE RESOLUTION SALUTING HARVEY LAMBERT OF LEXINGTON COUNTY, THE PROPRIETOR AND SOLE OPERATOR OF LAMBERT'S BARBER SHOP IN TRIANGLE CITY IN WEST COLUMBIA, FOR HIS MANY YEARS OF SERVICE TO THE COMMUNITY AND WISHING HIM HAPPINESS UPON HIS RETIREMENT.
The Senate Resolution was adopted.

S. 819 (Word version) -- Senator Fair: A BILL TO AMEND ACT 437 OF 1988, RELATING TO THE COMPREHENSIVE HEALTH EDUCATION ACT, SO AS TO REVISE THE PURPOSE OF THE ACT AND STATE ITS GOALS; AND TO AMEND CHAPTER 32, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPREHENSIVE HEALTH EDUCATION ACT AND THE PROGRAM OF COMPREHENSIVE HEALTH EDUCATION, SO AS TO REVISE THE CONTENTS AND REQUIREMENTS OF THE PROGRAM.
Read the first time and referred to the Committee on Education.

S. 820 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-65 SO AS TO PROVIDE THAT A PERSON MAY USE FORCE IN DEFENSE OF HIMSELF OR OTHER PERSONS UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT A DEFENDANT MAY PROVIDE CERTAIN EVIDENCE DURING CERTAIN PROSECUTIONS OF HIS BELIEF THAT FORCE WAS NECESSARY TO DEFEND HIMSELF.
Read the first time and referred to the Committee on Judiciary.

S. 821 (Word version) -- Senators Ford, Glover and Wilson: A JOINT RESOLUTION TO AMEND SECTION 20-7-1370 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE THAT FAMILY COURT JUDGES SHALL BE POPULARLY ELECTED FROM SENATORIAL DISTRICTS BY THE QUALIFIED VOTERS OF EACH DISTRICT; TO REPEAL SECTION 20-7-1410 OF THE 1976 CODE, RELATING TO THE NUMBER OF FAMILY COURT JUDGES ASSIGNED TO EACH JUDICIAL CIRCUIT; AND TO PROVIDE FOR AN EFFECTIVE DATE OF JANUARY 1, 1999, FOR THESE PROVISIONS.
Read the first time and referred to the Committee on Judiciary.

S. 822 (Word version) -- Senator Moore: A BILL TO AMEND CHAPTER 5, TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDING, BY ADDING SECTION 30-5-34, SO AS TO REQUIRE ALL DOCUMENTS SUBMITTED FOR RECORDING BY THE CLERK OF COURT OR REGISTER OF MESNE CONVEYANCES PURSUANT TO SECTIONS 30-5-30 AND 30-9-30 TO CONTAIN THE TYPEWRITTEN OR PRINTED NAMES OF ALL SIGNATORS EITHER IMMEDIATELY ABOVE OR IMMEDIATELY BELOW THEIR SIGNATURES.
Read the first time and referred to the Committee on Judiciary.

H. 3690 (Word version) -- Rep. Askins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-3-640 SO AS TO PROVIDE THAT CANINES CERTIFIED TO WORK WITH LAW ENFORCEMENT OFFICERS OR FIRE SERVICE PERSONNEL FOR THE PURPOSE OF FIRE INVESTIGATIONS, TRAINING, OR OTHER RELATED MATTERS MUST BE PERMITTED TO STAY OVERNIGHT WITH THESE OFFICIALS WHEN THEY ARE STAYING IN A PLACE OF PUBLIC ACCOMMODATIONS ON OFFICIAL BUSINESS AND TO PROVIDE CIVIL PENALTIES FOR VIOLATIONS.
Read the first time and referred to the Committee on Judiciary.

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

H. 4237 (Word version) -- Reps. Stoddard, Phillips, Littlejohn and Inabinett: A CONCURRENT RESOLUTION TO FIX TUESDAY, JUNE 17, 1997, IMMEDIATELY FOLLOWING THE ELECTION OF A CIRCUIT COURT JUDGE AND FAMILY COURT JUDGES AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING A MEMBER OF THE BOARD OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY, SEAT 2, FIRST CONGRESSIONAL DISTRICT, TO SUCCEED THE MEMBER WHOSE TERM EXPIRES IN 1997; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THIS OFFICE DURING THE JOINT SESSION.
Introduced and referred to the Committee on Invitations.

H. 4275 (Word version) -- Rep. Miller: A CONCURRENT RESOLUTION CONGRATULATING WACCAMAW HIGH SCHOOL OF PAWLEYS ISLAND ON BEING SELECTED TO RECEIVE THE DOE TECHNOLOGY INNOVATION GRANT BASED UPON THE EFFORTS AND STUDIES OF MARY GINNY DUBOSE, ENGLISH DEPARTMENT CHAIR AT THE SCHOOL.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4276 (Word version) -- Reps. Cave, Wilder, Meacham, Young-Brickell, Cobb-Hunter, Campsen, Simrill, J. Hines, M. Hines, Kennedy, Bailey, Lee, Parks, Knotts, Koon, J. Brown, Byrd, Clyburn, Cave, Inabinett, Lloyd, McMahand, Neal, Howard, Seithel, McCraw, Rice, Robinson, Breeland, Fleming, Cotty, Wilkes, Hamilton, Miller, Leach, Mason, Jordan, Stille, Mack, Phillips, Rodgers, Pinckney, Martin, Kinon, Barrett, Kirsh, McLeod, Klauber, Sandifer and Whatley: A CONCURRENT RESOLUTION TO EXPRESS THE SINCEREST CONGRATULATIONS OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA TO MR. AND MRS. CARL F. MCINTOSH ON THE JOYOUS OCCASION OF THEIR FIRST WEDDING ANNIVERSARY ON JUNE 29, 1997, AND TO EXTEND BEST WISHES FOR A LONG AND HAPPY LIFE TOGETHER.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4277 (Word version) -- Rep. Limehouse: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND COUNTLESS FRIENDS OF THE HONORABLE THEODORE B. GUERARD OF CHARLESTON, A FORMER LEGISLATOR AND PROMINENT ATTORNEY, WHO RECENTLY PASSED AWAY.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4180 (Word version) -- Reps. Gourdine, H. Brown, Law, Hinson and Dantzler: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 45 IN BERKELEY COUNTY "DEWITT WILLIAMS BOULEVARD".

The question then was the adoption of the Concurrent Resolution.

Senators ANDERSON and McGILL moved that the Concurrent Resolution be adopted.
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                     Holland
Hutto                     Jackson                   Land
Lander                    Leatherman                Leventis
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore
O'Dell                    Passailaigue              Patterson
Peeler                    Rankin                    Ravenel
Reese                     Rose                      Russell
Ryberg                    Saleeby                   Setzler
Short                     Smith, J. Verne           Thomas
Waldrep                   Washington                Williams
Wilson                    

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

H. 4281 (Word version) -- Reps. Barfield, G. Brown, Allison, Altman, Askins, Bailey, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, 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, A. Harris, 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, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE GRATITUDE OF THE GENERAL ASSEMBLY, ON BEHALF OF THE CITIZENS OF THE PALMETTO STATE, FOR THE TEN YEARS OF DEVOTED AND OUTSTANDING SERVICE OF FRED R. SHEHEEN AS COMMISSIONER OF THE STATE COMMISSION ON HIGHER EDUCATION.
The Concurrent Resolution was adopted, ordered returned to the House.

Columbia, S.C., June 4, 1997

Mr. Presideny and Senators:
The House respectfully informs your Honorable Boady that it refuses to concur in the amendments proposed by the Senate to:

H. 3819 (Word version) -- Reps. Harrell, Beck, J. Hines, Walker, Altman, Leach, Mason, Jennings, Simrill, Kinon, Limbaugh, Dantzler, Sandifer, R. Smith, Allison, Campsen, Knotts, Barrett, Seithel, Cobb-Hunter, Cooper, Young, Townsend, Felder, Kennedy, Woodrum, Hinson, Haskins, M. Hines, Harvin, Klauber, Fleming, Kelley, Limehouse, Young-Brickell, Whatley, Wilkins, Boan, McMahand, Littlejohn, Cato, H. Brown, Stuart, Robinson, Phillips, Riser, McKay, Lanford, Keegan, Edge, Jordan, Witherspoon, Gourdine, Hodges, Wilder, J. Smith, Chellis, Baxley, Kirsh and Sharpe: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 TO TITLE 12 SO AS TO ENACT THE "FEE IN LIEU OF TAX SIMPLIFICATION ACT OF 1997" SO AS TO PROVIDE FOR SIMPLIFICATION OF FEE IN LIEU OF PROPERTY TAX TRANSACTIONS; TO DEFINE CERTAIN TERMS, INCLUDING "ECONOMIC DEVELOPMENT PROPERTY"; TO PROVIDE FOR APPROVAL BY LOCAL COUNTY COUNCILS OF FEE AGREEMENTS; TO PROVIDE FOR CALCULATION OF THE REQUIRED FEE PAYMENTS; TO PROVIDE FOR APPLICATION OF THE FEE TO REPLACEMENT PROPERTY AND A CREDIT AGAINST THE FEE FOR COSTS OF CERTAIN IMPROVEMENTS; TO PROVIDE FOR DISTRIBUTION OF THE FEE, PENALTIES FOR FAILING TO COMPLY WITH THE PROVISIONS OF THIS CHAPTER OR THE FEE AGREEMENTS, CONSEQUENCES OF TRANSFERS OF ECONOMIC DEVELOPMENT PROPERTY AND OF TERMINATION OF FEE AGREEMENTS, AND REQUIREMENTS FOR AFFILIATE SPONSORS; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS OF CERTAIN CLASSES OF PROPERTY FROM AD VALOREM TAXATION, SO AS TO INCLUDE ECONOMIC DEVELOPMENT PROPERTY AS AN EXEMPTION.
Very Respectfully,
Speaker of the House

On motion of Senator LEATHERMAN, the Senate insisted upon its amendments to H. 3819 and asked for a Committee of Conference.

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

H. 3850 (Word version) -- Reps. Robinson and Vaughn: AN ACT TO AMEND SECTION 1-23-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RULEMAKING, SO AS TO UPDATE REFERENCE TO INTERNAL REVENUE CODE; TO AMEND SECTION 4-20-40, AS AMENDED, RELATING TO RECREATION SPECIAL TAX DISTRICTS, SO AS TO PROVIDE FOR LOCAL FUNDING AND SERVICES; TO AMEND SECTION 8-13-725, RELATING TO DISCLOSURE OF CONFIDENTIAL INFORMATION, SO AS TO PROHIBIT CERTAIN DISCLOSURES BY PUBLIC OFFICIALS, MEMBERS, AND EMPLOYEES AND TO PROVIDE FOR CRIMINAL PENALTIES AND IMMEDIATE DISCHARGE; TO AMEND SECTION 8-21-790, AS AMENDED, RELATING TO THE DISPOSITION OF FEES FOR SETTLEMENT OF ESTATES, SO AS TO REQUIRE NO LESS THAN MONTHLY PAYMENTS BY THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-2-75, RELATING TO REQUIRED SIGNATURES ON TAX RETURNS, SO AS TO OMIT REFERENCE TO SOUTH CAROLINA CODE AND TO ADD REFERENCE TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-21-2738, AS AMENDED, RELATING TO THE PENALTY FOR FAILURE TO COMPLY WITH LICENSING OF GAMING MACHINES, SO AS TO REQUIRE THAT THE PENALTY BE CREDITED TO THE GENERAL FUND; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO CHANGE REFERENCE TO "GAS AND OTHER FUELS" TO "MOTOR FUEL, BLENDED FUEL, AND ALTERNATIVE FUEL" IN THE EXEMPTION PERTAINING THERETO; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO PENALTY FOR FAILURE TO MAKE A TIMELY PAYMENT OF TAX DUE THE STATE BECAUSE OF NEGLIGENCE OR FRAUD, SO AS TO UPDATE REFERENCE TO SOUTH CAROLINA CODE; TO AMEND SECTION 12-60-30, AS AMENDED, RELATING TO DEFINITIONS IN THE REVENUE PROCEDURES ACT, SO AS TO CLARIFY THE MEANING OF "ASSESSMENT"; AND TO AMEND SECTION 56-31-50, AS AMENDED, RELATING TO PRIVATE CAR RENTAL SURCHARGES, SO AS TO MAKE THEM PAYABLE TO THE DEPARTMENT OF REVENUE, NOT TO THE STATE TREASURER'S OFFICE.
On motion of Senator LEATHERMAN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

H. 4231 (Word version) -- Reps. Delleney, Canty and D. Smith: A CONCURRENT RESOLUTION TO FIX 12:30 P.M. ON TUESDAY, JUNE 17, 1997, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE SIXTH JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001.
The House returned the Concurrent Resolution with amendments.

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

S. 200 (Word version) -- Senators Courtney, Holland, Land, Peeler, Rankin, Alexander, Martin, McGill, Waldrep, Lander, O'Dell, Reese, Rose, Glover, Ford, Thomas, Fair, Anderson, Washington and Elliott: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-440 SO AS TO ENACT THE SOUTH CAROLINA EYE CARE SERVICES ACT AND TO PROHIBIT HEALTH MAINTENANCE ORGANIZATIONS (HMO) AND HEALTH BENEFIT PLANS OFFERING MEDICAL EYE CARE OR VISION CARE BENEFITS FROM UNNECESSARILY RESTRICTING THE PRACTICE OF OPTOMETRISTS PARTICIPATING IN THE HMO OR PLAN; TO PROHIBIT DISCRIMINATION AGAINST OPTOMETRISTS OR OPTHALMOLOGISTS IN THE OPPORTUNITY TO PARTICIPATE OR WITH REGARD TO THE TERMS AND CONDITIONS OF THE HMO OR PLAN; TO REQUIRE AN HMO OR PLAN TO CONTRACT WITH OPTHALMOLOGISTS FOR EYE SURGERY ONLY SERVICES; AND TO PROVIDE PROCEDURES FOR GRIEVANCES RESULTING FROM VIOLATIONS.
The House returned the Bill with amendments.

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

H. 4285 (Word version) -- Rep. Meacham: A CONCURRENT RESOLUTION CONGRATULATING THE INDIAN LAND HIGH SCHOOL LADY WARRIORS ON THEIR FIRST EVER SOFTBALL STATE CHAMPIONSHIP, CAPPED BY A SIX INNING, 12-2 WIN IN THE FINAL GAME OF THE TITLE SERIES.
The Concurrent Resolution was adopted, ordered returned to the House.

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

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

H. 3379 (Word version) -- Rep. Haskins: A BILL TO AMEND TITLE 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 SO AS TO ENACT THE UNIFORM TRANSFER ON DEATH SECURITY REGISTRATION ACT WHICH PERMITS A PERSON TO REGISTER A SECURITY IN BENEFICIARY FORM INDICATING HIMSELF AS THE PRESENT OWNER WITH A DESIGNATION OF A BENEFICIARY TO TAKE OWNERSHIP AT HIS DEATH.

Senator BRYAN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.

On motion of Senator BRYAN, with unanimous consent, the amendment previously proposed and printed on May 27, 1997, was withdrawn.
There was no objection.

There being no further amendments, the Bill was read the third time and ordered enrolled for Ratification.

H. 3862 (Word version) -- Reps. Harrison, Rodgers, Edge, Koon, Limehouse, McMaster, Hawkins, H. Brown, Allison, Knotts, Meacham, Campsen, Barfield, Mason, Leach, Littlejohn, Young-Brickell, Cato, Sandifer, Law, Wilkins, Stuart, Woodrum, Simrill, Young, Kelley, Barrett, Sharpe, Whatley, Trotter, Vaughn, Cotty, D. Smith, Haskins, Loftis, Witherspoon, Harrell, Riser, Fleming, Martin and Walker: 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.
Senator THOMAS explained the Bill.

H. 4150 (Word version) -- Reps. Jennings and Kinon: A BILL TO REPEAL ACT 524 OF 1996 RELATING TO THE MARLBORO COUNTY ECONOMIC DEVELOPMENT BOARD.
(By prior motion of Senator SALEEBY)

H. 4197 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO AREA VOCATIONAL CENTERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2128, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

The following House Bills were read the third time and ordered returned to the House with amendments:

H. 3038 (Word version) -- Reps. Vaughn, Haskins, Kirsh and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 26-1-25, SO AS TO PROVIDE ADDITIONAL METHODS FOR THE LEGISLATIVE DELEGATION MEMBERS ENDORSEMENTS REQUIRED FOR APPLICATIONS FOR NOTARY PUBLIC COMMISSIONS CONSISTING OF THE SIGNATURES OF THE CHAIRMAN AND SECRETARY OF A COUNTY LEGISLATIVE DELEGATION AND THE DELEGATION CHAIRMAN AND ADMINISTRATIVE ASSISTANT TO THE DELEGATION AND TO PROVIDE FOR NOTIFICATION TO THE SECRETARY OF STATE OF A DELEGATION'S USE OF THESE ADDITIONAL METHODS.
Senator COURTNEY explained the Bill.

H. 3563 (Word version) -- Reps. Sandifer, Parks, Canty and Lanford: A BILL TO AMEND CHAPTER 19, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS.

H. 3819 (Word version) -- Reps. Harrell, Beck, J. Hines, Walker, Altman, Leach, Mason, Jennings, Simrill, Kinon, Limbaugh, Dantzler, Sandifer, R. Smith, Allison, Campsen, Knotts, Barrett, Seithel, Cobb-Hunter, Cooper, Young, Townsend, Felder, Kennedy, Woodrum, Hinson, Haskins, M. Hines, Harvin, Klauber, Fleming, Kelley, Limehouse, Young-Brickell, Whatley, Wilkins, Boan, McMahand, Littlejohn, Cato, H. Brown, Stuart, Robinson, Phillips, Riser, McKay, Lanford, Keegan, Edge, Jordan, Witherspoon, Gourdine, Hodges, Wilder, J. Smith, Chellis, Baxley, Kirsh and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 TO TITLE 12 SO AS TO ENACT THE "FEE IN LIEU OF TAX SIMPLIFICATION ACT OF 1997" SO AS TO PROVIDE FOR SIMPLIFICATION OF FEE IN LIEU OF PROPERTY TAX TRANSACTIONS; TO DEFINE CERTAIN TERMS, INCLUDING "ECONOMIC DEVELOPMENT PROPERTY"; TO PROVIDE FOR APPROVAL BY LOCAL COUNTY COUNCILS OF FEE AGREEMENTS; TO PROVIDE FOR CALCULATION OF THE REQUIRED FEE PAYMENTS; TO PROVIDE FOR APPLICATION OF THE FEE TO REPLACEMENT PROPERTY AND A CREDIT AGAINST THE FEE FOR COSTS OF CERTAIN IMPROVEMENTS; TO PROVIDE FOR DISTRIBUTION OF THE FEE, PENALTIES FOR FAILING TO COMPLY WITH THE PROVISIONS OF THIS CHAPTER OR THE FEE AGREEMENTS, CONSEQUENCES OF TRANSFERS OF ECONOMIC DEVELOPMENT PROPERTY AND OF TERMINATION OF FEE AGREEMENTS, AND REQUIREMENTS FOR AFFILIATE SPONSORS; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS OF CERTAIN CLASSES OF PROPERTY FROM AD VALOREM TAXATION, SO AS TO INCLUDE ECONOMIC DEVELOPMENT PROPERTY AS AN EXEMPTION.
(By prior motion of Senator LEATHERMAN, with unanimous consent)

H. 3277 (Word version) -- Reps. Stuart, Felder and Govan: A BILL TO AMEND ACT 526 OF 1996, RELATING TO THE CONSOLIDATION OF ORANGEBURG COUNTY SCHOOL DISTRICTS, SO AS TO PROHIBIT THE ISSUING OF GENERAL OBLIGATION BONDS AND THE CONDUCTING OF ANY REFERENDUM NECESSARY TO ISSUE BONDS BY ANY SCHOOL DISTRICT IN ORANGEBURG COUNTY BEFORE JULY 1, 1997.

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

Senator MATTHEWS proposed the following amendment (3277R001.JWM), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 2A of Act 526 of 1996 is amended to read:
"(A)   Each consolidated school district shall be governed by a board of trustees of seven members who must be elected in nonpartisan elections to be held beginning in 1997 in the manner hereinafter provided. Each member of the board must be a resident of and elected from single-member election districts provided in this act. The members of each board shall elect a chairman and such other officers as they deem necessary to serve for terms of one year in these capacities. The 1997 nonpartisan election shall be held on the third Tuesday in January, 1997. After the 1997 election, members of each board shall thereafter be elected at nonpartisan elections to be conducted on the first Tuesday after the first Monday of November every two or four years thereafter as applicable beginning in 1999. Members of each board shall be elected for four-year terms and until their successors are elected and qualify, except that of the seven members of each board elected in 1997, the members elected from election districts one, three, five, and seven shall serve for initial terms to expire in November, 2001, when their successors elected at the 2001 election qualify and take office, and the members elected from election districts two, four, and six shall serve for initial terms to expire in November, 1999, when their successors elected at the 1999 election qualify and take office. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within one hundred eighty days of a regular trustee election. In this case, the vacancy must be filled for the unexpired term through appointment by the county legislative delegation. All members of each board shall serve until their successors are elected and qualify.
Each member of the board must be elected by the qualified electors of the single-member district from which he seeks election. All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission on forms furnished by the commission. This notice of candidacy must be a sworn statement and must include the candidate's name, age, election district from which he resides and seeks election, voting precinct, period of residence in the county and election district, and other information as the county election commission requires. The filing period opens on the first day of November, 1996, at noon to run for two weeks for the 1997 election to expire at noon of the last day of the filing period and, thereafter, is as provided in Section 7-13-352 of the 1976 Code. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code.
The county commissioners of election shall conduct and supervise the elections for members of each board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commission shall publish notices of the elections in the same manner provided in Section 7-13-35 of the 1976 Code. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code.
The members of each board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code."
SECTION   2.   Section 4(C) of Act 526 of 1996 is amended to read:
"(C)   For purposes of 1997 only, the millage levied for the previous year of a consolidated district must be derived by dividing the total revenue raised in 1996 from school tax millage by each of the former school districts of the county now a part of that consolidated district by the total 1996 assessed value of all taxable property of those former districts less thirty twenty-five mills for general operations."
SECTION   3.   Section 5 of Act 526 of 1996 is amended to read:
"Section   5.   (A)   Beginning with the year 1997, a countywide school tax millage levy of twenty-five mills for operating purposes is hereby imposed and shall be distributed by the county board to the consolidated school districts on the following formula:
Step 1.   Determine the countywide wealth per student by dividing the total value of a countywide mill by the total average daily membership (ADM) of the three consolidated districts. The ADM will be determined by the prior year one hundred thirty-five day report for each district.
Step 2.   Determine each district's wealth per student by dividing the total value of the district's mill by its ADM.
Step 3.   Determine the variance of each district's wealth per student from the highest district's wealth per student.
Step 4.   Equalize the wealth per student for the least wealthy district by multiplying that district's variance from the highest wealth per student by the district's ADM and multiplying by 25 mills; equalize the next least wealthy district by multiplying that district's variance from ninety-five percent of the highest wealth per student by the district's ADM and multiplying by 25 mills.
Step 5.   The district with the lowest wealth per student is assigned one mill.
Step 6.   Consolidated District Five will receive five mills for hold harmless purposes. These mills will be phased out by reducing the hold harmless mills by one each year beginning in 1998 1999 so that the hold harmless for District Five totals three mills. The amount of hold harmless funds will be calculated by multiplying the value of a countywide mill times the number of hold harmless mills; less the district's equalized funds from the wealth per student calculation; plus the district share of the mill assigned to the district with the lowest wealth per student. The value of the mills phased out from the hold harmless for Consolidated District Five shall be shared equally by Consolidated Districts Three and Four.
Step 7.   The remaining funds from the countywide millage shall be divided equally among the three districts based on their percentage of the county's ADM.
(B)   Beginning with the year 1997, a countywide school tax millage levy of five mills for capital improvements, lease purchase payments, or debt service purposes is hereby imposed and shall be distributed by the county board to the consolidated school districts on the following formula:
Step 1.   Determine the countywide wealth per student by dividing the total value of a countywide mill by the total average daily membership (ADM) of the three consolidated districts. The ADM will be determined by the prior year one hundred thirty-five day report for each district.
Step 2.   Determine each district's wealth per student by dividing the total value of the district's mill by its ADM.
Step 3.   Determine the variance of each district's wealth per student from the highest district's wealth per student.
Step 4.   Equalize the wealth per student for the least wealthy district by multiplying that district's variance from the highest wealth per student by the district's ADM and multiplying by 25 mills; equalize the next least wealthy district by multiplying that district's variance from ninety-five percent of the highest wealth per student by the district's ADM and multiplying by 25 mills.
Step 5.   The district with the lowest wealth per student is assigned one mill.
Step 6.   The remaining funds from the countywide millage shall be divided equally among the three districts based on their percentage of the county's ADM.
(C)   The county board of education shall make the determinations and allocations required by the formula established in this section.
(D)   The county board of education, before July first of each year beginning in 1998, shall determine whether the countywide tax millage levy of twenty-five mills is sufficient to meet the five-year phase-in of equalization of funding. Before September second of each year, the board shall notify the county auditor and treasurer in writing of the increase in countywide millage required for the equalization of funding. The notice by the county board constitutes authority for the levying and collection of the increase in countywide millage upon all the real and personal property within the county. Beginning in 1998, the county board may raise the countywide millage by no more than three mills over that levied for the previous year. This millage shall be added to the formula as the county board determines best contributes to the phase-in of equalization.
(E)   The county board shall hold a public hearing prior to its final approval of any increase in the countywide millage. Notice of these public hearings must be placed in a newspaper of general circulation in the county at least fifteen days before the public hearing.
(F)   Notwithstanding the requirements of this section, if new construction and improvements are not exempted from any roll back millage requirement, the formula shall not be implemented until the millage can be adjusted to generate the projected revenue needed to fund the formula."
SECTION   4.   Section 6(5) of Act 526 of 1996 is amended to read:
"(5)   adopt and modify attendance zones of schools within the school district except that through school year 1998-99, existing attendance zones cannot be changed; however, from 1998-99 through 2002-2003, no school may be closed unless a referendum of qualified electors held within the affected attendance area approves such a closing;"
SECTION   5.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

The amendment was adopted.

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

H. 3366 (Word version) -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-614 SO AS TO PROVIDE IMMUNITY FROM CIVIL OR CRIMINAL LIABILITY FOR A LAW ENFORCEMENT OFFICER WHO TAKES A CHILD INTO EMERGENCY PHYSICAL CUSTODY OR EMERGENCY PROTECTIVE CUSTODY.

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

Senator COURTNEY proposed the following amendment (JUD3366.001), which was adopted:
Amend the bill, as and if amended, line 38, by striking SECTION 3 in its entirety and inserting therein:
/SECTION ____.   Within twelve months after the effective date of this act, the department shall establish statewide guidelines for intervention in cases of excessive corporal punishment, including the circumstances in which removal of the child from the home is appropriate, and a plan for training appropriate personnel concerning these guidelines.
SECTION ___. This act takes effect upon approval by the Governor./
Renumber remaining sections to conform.
Amend title to conform.

Senator COURTNEY explained the amendment.

The amendment was adopted.

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

H. 3605 (Word version) -- Reps. Sharpe and Harrison: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDIA OF PAYMENT OF TAXES COLLECTED BY COUNTY TREASURERS, SO AS TO PROVIDE FOR THE COLLECTION OF CHECKS TENDERED IN PAYMENT OF COUNTY AND MUNICIPAL TAXES THAT ARE DISHONORED BY THE DRAWEE BANK OR FINANCIAL INSTITUTION OR OTHERWISE RETURNED TO THE TREASURER UNPAID, TO PROVIDE THAT PAYMENT OF CHECKS TENDERED AS PAYMENT FOR COUNTY OR MUNICIPAL TAXES THAT ARE DISHONORED OR RETURNED UNPAID BY THE DRAWEE BANK OR FINANCIAL INSTITUTION MAY BE ENFORCED IN THE MANNER PRESCRIBED BY CHAPTER 11, TITLE 34, SO LONG AS NO PERSON SHALL BE TWICE PUT IN JEOPARDY FOR THE SAME OFFENSE, TO PROVIDE THAT COUNTY OR MUNICIPAL TAXES REMAINING UNPAID AS A RESULT OF THE DISHONOR OR RETURN OF A CHECK BY THE DRAWEE BANK REMAIN A LIEN ON PROPERTY SUBJECT TO THE TAX UNTIL THE TAXES AND ALL PENALTIES, INTEREST AND OTHER CHARGES DUE THEREON ARE PAID IN FULL, AND TO PROVIDE THAT THE REMEDIES PROVIDED BY THIS SECTION ARE CUMULATIVE TO ALL OTHER REMEDIES PROVIDED BY LAW FOR THE COLLECTION OF TAXES.

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

Senator PASSAILAIGUE proposed the following amendment (3605R002.ELP), which was adopted:
Amend the bill, as and if amended, page 2, after line 22, by adding an appropriately numbered new SECTION to read:
/SECTION   ___.   Section 12-24-40 of the 1976 Code is amended by adding a new item to read:
"(16)     transferring realty to a mortgagee pursuant to a foreclosure sale."/
Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

The amendment was adopted.

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

H. 3850 (Word version) -- Reps. Robinson and Vaughn: A BILL TO AMEND SECTION 12-2-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED SIGNATURES ON TAX RETURNS, SO AS TO OMIT REFERENCE TO SOUTH CAROLINA CODE AND TO ADD REFERENCE TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-21-2738, AS AMENDED, RELATING TO THE PENALTY FOR FAILURE TO COMPLY WITH LICENSING OF GAMING MACHINES, SO AS TO REQUIRE THAT ONE-HALF THE PENALTY BE RETAINED AND EXPENDED BY THE AGENCY CHARGING THE VIOLATION; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO CHANGE REFERENCE TO "GAS AND OTHER FUELS" TO "MOTOR FUEL, BLENDED FUEL, AND ALTERNATIVE FUEL" IN THE EXEMPTION PERTAINING THERETO; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO PENALTY FOR FAILURE TO MAKE A TIMELY PAYMENT OF TAX DUE THE STATE BECAUSE OF NEGLIGENCE OR FRAUD, SO AS TO UPDATE REFERENCE TO SOUTH CAROLINA CODE; TO AMEND SECTION 12-60-30, AS AMENDED, RELATING TO DEFINITIONS IN THE REVENUE PROCEDURES ACT, SO AS TO CLARIFY THE MEANING OF "ASSESSMENT"; TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO RULEMAKING, SO AS TO UPDATE REFERENCE TO INTERNAL REVENUE CODE; TO AMEND SECTION 8-21-790, AS AMENDED, RELATING TO THE DISPOSITION OF FEES FOR SETTLEMENT OF ESTATES, SO AS TO REQUIRE NO LESS THAN MONTHLY PAYMENTS BY THE DEPARTMENT OF REVENUE; AND TO AMEND SECTION 56-31-50, AS AMENDED, RELATING TO PRIVATE CAR RENTAL SURCHARGES, SO AS TO MAKE THEM PAYABLE TO THE DEPARTMENT OF REVENUE, NOT TO THE STATE TREASURER'S OFFICE.

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

Senator RANKIN proposed the following amendment (3850R004.LAR), which was adopted:
Amend the bill, as and if amended, page 5, after line 28, by adding an appropriately numbered new SECTION at the end to read:
/SECTION ___.   Section 4-20-40 of the 1976 Code is amended to read:
"Section 4-20-40.   County council shall by ordinance provide for the operations of the community recreation special tax district which shall include the creation of a commission consisting of three to seven members appointed by the county council. Appointments by county council to the commission shall be in accordance with any written agreement entered into between the county and any municipality having any part of its territory within the district. County council shall set the term of office for the members of the commission. All members appointed by the county council to the commission must reside in the district, and no member of the commission shall receive compensation for service on the commission. The public works department, with county council approval, may provide services to a recreation special tax district at the same cost as incurred and charged for those same services in non-recreation special tax districts. County council may provide funding from general fund tax revenue to a recreation special tax district at the same level and for the same purposes as for non-recreation special tax districts."/
Amend title to conform.

Senator RANKIN explained the amendment.

The amendment was adopted.

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

H. 3155 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-290 SO AS TO MAKE IT UNLAWFUL, EXCEPT AS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW, TO BUY, SELL, OR POSSESS FOR SALE ANY WILDLIFE NATIVE TO THIS STATE, INCLUDING LIVE OR DEAD WHOLE ANIMALS OR PARTS OF SUCH ANIMALS, AND TO PROVIDE A PENALTY.

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

Senator THOMAS proposed the following amendment (3155R001.DLT), which was adopted:
Amend the bill, as and if amended, page 1, by striking lines 24-29 and inserting in lieu thereof the following:
/"Section 50-1-290.   It is unlawful to buy, sell, trade, or barter or offer for sale or offer to buy any protected wild mammals and birds or parts of mammals or birds except as specifically allowed by this title. Except as provided in Section 50-11-170, this section shall not apply to the sale of rabbits and grey squirrels taken during the legally established seasons. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars and not more than five hundred dollars or imprisoned up to thirty days."/
Amend title to conform.

The amendment was adopted.

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

H. 3546 (Word version) -- Reps. Knotts, Whatley, Bauer, Rice and Koon: A BILL TO AMEND SECTION 20-7-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING EMERGENCY PHYSICAL OR PROTECTIVE CUSTODY OF A CHILD BY LAW ENFORCEMENT OFFICERS, SO AS TO CHANGE THE TIME WITHIN WHICH THE DEPARTMENT OF SOCIAL SERVICES SHALL CONDUCT A PRELIMINARY INVESTIGATION TO DETERMINE WHETHER GROUNDS FOR ASSUMING LEGAL CUSTODY OF THE CHILD EXIST; TO PROVIDE THAT UPON CONCLUDING AFTER A PRELIMINARY INVESTIGATION THAT THE CHILD SHOULD BE RETURNED TO THE CHILD'S PARENT, GUARDIAN, OR CUSTODIAN, THE DEPARTMENT SHALL CONSULT WITH THE LAW ENFORCEMENT AGENCY RATHER THAN THE LAW ENFORCEMENT OFFICER WHO TOOK EMERGENCY PHYSICAL CUSTODY OF THE CHILD, AND THAT IF THE AGENCY OBJECTS TO THE RETURN OF THE CHILD, THE DEPARTMENT MUST ASSUME LEGAL CUSTODY OF THE CHILD UNTIL A PROBABLE CAUSE HEARING CAN BE HELD; TO CHANGE THE TIME WITHIN WHICH THE DEPARTMENT OF SOCIAL SERVICES SHALL CONDUCT A PRELIMINARY INVESTIGATION UNDER THIS SECTION TO NINETY-SIX HOURS RATHER THAN SEVENTY-TWO HOURS AFTER THE CHILD WAS TAKEN INTO EMERGENCY PROTECTIVE CUSTODY BY A LAW ENFORCEMENT OFFICER; TO PROVIDE THAT THE FAMILY COURT SHALL SCHEDULE A PROBABLE CAUSE HEARING TO BE HELD WITHIN NINETY-SIX HOURS RATHER THAN SEVENTY-TWO HOURS OF THE TIME THE CHILD WAS TAKEN INTO EMERGENCY PROTECTIVE CUSTODY OR WITHIN SEVENTY-TWO HOURS OF THE TIME THE CHILD WAS TAKEN INTO EMERGENCY PHYSICAL CUSTODY IF LEGAL CUSTODY SUBSEQUENTLY WAS ASSUMED BY THE DEPARTMENT; AND TO PROVIDE THAT IF THE FOURTH DAY, RATHER THAN THE THIRD DAY, FALLS UPON A SATURDAY, SUNDAY, OR HOLIDAY, THE PROBABLE CAUSE HEARING MUST BE HELD NO LATER THAN THE NEXT WORKING DAY.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator COURTNEY proposed the following amendment (JUD3546.003), which was adopted:
Amend the bill, as and if amended, beginning on page 6, beginning on line 41, in Section 20-7-610(K), as contained in SECTION 2, by striking line 41 through line 8 on page 7 in their entirety.
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION   .   Section 20-7-612 of the 1976 Code, as added by Act 450 of 1996, is amended to read:
"Section 20-7-612.   A law enforcement officer investigating a case of suspected child abuse or neglect or responding to a request for assistance by the department as it investigates a case of suspected child abuse or neglect has authority to take emergency physical custody or emergency protective custody of the child pursuant to Section 20-7-610 in all counties and municipalities.
Immediately upon taking emergency physical custody or emergency protective custody, the law enforcement officer shall notify the local office of the department responsible to the county in which the activity under investigation occurred.
The department shall designate by policy and procedure the local department office responsible for procedures required by Section 20-7-610 when a child resides in a county other than the one in which the activity under investigation occurred. The probable cause hearing required by Section 20-7-610 may be held in the county of the child's residence or the county of the law enforcement officer's jurisdiction."/
Renumber sections to conform.
Amend title to conform.

Senator COURTNEY explained the amendment.

The amendment was adopted.

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

H. 3499 (Word version) -- Reps. Knotts, Whatley, Cobb-Hunter, Neal, Kennedy, Govan, Lanford, Fleming, Simrill, Bailey, Altman, Stille, Harrell, Young, Sandifer, McCraw, Clyburn, Wilkins, Scott, Chellis, Davenport, Harrison, D. Smith, Riser, Webb, Barrett, Tripp, Klauber, J. Smith, Keegan, Delleney, Bauer, Campsen, Hawkins, McMaster and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-45 SO AS TO PROVIDE THAT WHEN A LAW ENFORCEMENT OFFICER RESPONDS TO A DISTRESS CALL IN A NEIGHBORING JURISDICTION, THE AUTHORITY, RIGHTS, PRIVILEGES, AND IMMUNITIES THAT APPLY TO AN OFFICER WITHIN THE JURISDICTION IN WHICH HE IS EMPLOYED, ARE EXTENDED TO AND INCLUDE THE NEIGHBORING JURISDICTION.

Senator PEELER asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.

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

Senator PEELER proposed the following amendment (3499R001.HSP), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION   .   The Department of Public Safety, in cooperation with the South Carolina Police Chiefs Association and the South Carolina Sheriffs Association, shall conduct a study concerning the number and character of accidents which result from high speed chases. The study shall determine the number of chases which result in accidents; the number of injuries and fatalities among law enforcement, persons being chased, and persons not involved in a chase; and other information related to high speed chases that the department considers appropriate. The study shall also include suggestions on how to curtail accidents resulting from high speed chases. The department shall report its findings to the General Assembly by the second Tuesday in January 1998./
Renumber sections to conform.
Amend title to conform.

The amendment was adopted.

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

H. 4101 (Word version) -- Reps. Edge, Kelley, Keegan, Witherspoon and Barfield: A BILL TO AMEND ACT 287 OF 1989, RELATING TO THE HORRY COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE THAT BEGINNING IN 1998, THE CHAIRMAN OF THE BOARD SHALL CONSTITUTE A TWELFTH SEPARATE SEAT ON THE BOARD, AND THE CHAIRMAN SHALL BE ELECTED BY THE QUALIFIED ELECTORS OF THE COUNTY AT LARGE.

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

Senators ELLIOTT and RANKIN proposed the following amendment (4101R001.DE), which was adopted:
Amend the bill, as and if amended, page 1, by striking lines 23 through 36 and inserting:
/"(D)   The board shall elect a chairman and those other officers it considers necessary from among its membership for terms as officers as set by the board; provided, that beginning in 1998, the office of chairman of the board shall constitute a twelfth separate seat on the board. The chairman at the 1998 general election and at the general election every four years thereafter shall be elected for a term of four years and until his successor is elected and qualifies by the qualified electors of the county at large. A person desiring to be elected chairman must specifically file for this office. If a vacancy occurs in the office of chairman, it shall be filled at the next regularly scheduled general election for a full term, irrespective of the remaining time in the unexpired term. Until the vacancy in the office of chairman is filled, the vice-chairman of the board shall perform the duties of the chairman."/
Amend title to conform.

The amendment was adopted.

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

The following Bills and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:

H. 4122 (Word version) -- Reps. Battle and M. Hines: A BILL TO AMEND ACT 608 OF 1986, RELATING TO THE CREATION OF THE REGISTRATION AND ELECTIONS COMMISSION FOR MARION COUNTY, SO AS TO PROVIDE FOR NINE COMMISSION MEMBERS INSTEAD OF SEVEN.

On motion of Senator ELLIOTT, H. 4122 was ordered to receive a third reading on Thursday, June 5, 1997.

S. 803 (Word version) -- Senators Washington, Matthews, Rose and Williams: A BILL TO AMEND SECTION 3 OF ACT 117 OF 1961, AS LAST AMENDED BY ACT 587 OF 1984, PERTAINING TO THE COMPENSATION OF MEMBERS OF THE COLLETON COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT EACH MEMBER SHALL RECEIVE AN ANNUAL SALARY OF TWO THOUSAND FOUR HUNDRED DOLLARS.
(By prior motion of Senator WASHINGTON)

H. 4198 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CHARTER SCHOOLS REGULATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2164, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4041 (Word version) -- Rep. Jennings: A BILL TO AMEND ACT 205 OF 1993, AS AMENDED, RELATING TO THE BOARD OF EDUCATION OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT A VACANCY MUST BE FILLED BY SPECIAL ELECTION CALLED BY THE BOARD RATHER THAN BY AN APPOINTMENT MADE BY THE BOARD.

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

Senator WASHINGTON proposed the following amendment (4041R001.MW), which was adopted:
Amend the bill, as and if amended, by adding a new Section 2 to read as follows:
/SECTION   2.   Section 3 of Act 117 of 1961 (Section 21-2173 of the 1962 Code) as last amended by Act 587 of 1984 is further amended to read:
"Section 3. The board shall annually elect one of its members as chairman and another as vice-chairman. Persons holding such offices must be eligible to succeed themselves. The county superintendent of education shall, ex officio, act as the secretary to the board, and is under the duty of keeping proper records for the board, including the minutes of its meetings. The board shall hold regular monthly meetings which shall be open to the public, and special meetings at other times as may be necessary. The members of the board shall receive an annual salary of two thousand four hundred dollars. Each member shall also receive an expense allotment of fifty dollars per meeting except for and the chairman thereof who shall receive an expense allotment of one hundred dollars per meeting a month for expenses. Members in attendance at a special meeting shall receive fifty dollars for such meeting but provided that in no event shall the total amount of expense payments made to any member in a year exceed one thousand, two hundred dollars annually for each member."/
Renumber remaining sections to conform
Amend the title to read as follows:

TO AMEND ACT 205 OF 1993, AS AMENDED, RELATING TO THE BOARD OF EDUCATION OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT A VACANCY MUST BE FILLED BY SPECIAL ELECTION CALLED BY THE BOARD RATHER THAN BY AN APPOINTMENT MADE BY THE BOARD AND T O AMEND SECTION 3 OF ACT 117 OF 1961, AS LAST AMENDED BY ACT 587 OF 1984, PERTAINING TO THE COMPENSATION OF MEMBERS OF THE COLLETON COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT EACH MEMBER SHALL RECEIVE AN ANNUAL SALARY OF TWO THOUSAND FOUR HUNDRED DOLLARS.

The amendment was adopted.

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

On motion of Senator HOLLAND, H. 4041 was ordered to receive a third reading on Thursday, June 5, 1997.

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

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

Senator LANDER proposed the following amendment (3253R001.JAL), which was adopted:
Amend the bill, as and if amended, page 1, line 25, by adding after /National Guard/ the following:
/or State Guard/
Amend the bill further, as and if amended, page 1, after line 27 by adding the following:
/However, no member may exceed fifteen days state active duty service under this section in any federal fiscal year./
Amend title to conform.

Senator LANDER explained the amendment.

The amendment was adopted.

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.

On motion of Senator LANDER, with unanimous consent, H. 3253 was ordered to receive a third reading on Thursday, June 5, 1997.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

S. 171 (Word version) -- Senator Courtney: A BILL TO AMEND SECTION 38-71-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON DISCRIMINATION IN ACCIDENT AND HEALTH INSURANCE POLICIES AND BENEFITS FOR CERTAIN LICENSED SERVICES, SO AS TO INCLUDE SERVICES OF A LICENSED MASTER SOCIAL WORKER, LICENSED INDEPENDENT SOCIAL WORKER, LICENSED MARRIAGE AND FAMILY THERAPIST, LICENSED PROFESSIONAL COUNSELOR, OR PSYCHIATRIC CLINICAL NURSE SPECIALIST.

Senator COURTNEY asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.

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

Senator SALEEBY proposed the following Amendment No. 1 (171I002.EES), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1.   Section 38-71-200 of the 1976 Code, as last amended by Act 396 of 1994, is amended to read:
"Section 38-71-200.   (A) Discrimination between individuals of the same class in the amount of premiums or rates charged for any policy of insurance covered by this chapter, in the benefits payable thereon, in any of the terms or conditions of the policy, or in any other manner whatsoever is prohibited except as provided in Sections 38-57-140 and 38-71-1110. Whenever any policy of insurance governed by this chapter provides for payment or reimbursement for any service which is within the scope of practice of a licensed podiatrist, licensed oral surgeon, or licensed optometrist, the insured or other person entitled to benefits under the policy is entitled to payment or reimbursement in accordance with the usual and customary fee for the services whether the services are performed by a licensed physician or a licensed podiatrist, a licensed oral surgeon, or a licensed optometrist, notwithstanding any provision contained in the policy, and the policyholder, insured, or beneficiary has the right to choose the provider of the services.
(B)   If an insurer offers a policy containing a provision for mental health benefits, it shall offer as a part thereof an optional rider or endorsement, which defines such benefits as including payment to licensed master social workers, licensed independent social workers, licensed marriage and family therapists, licensed professional counselors, and psychiatric clinical nurse specialists for mental health services specified in the policy which are within the respective scope of practice of each of these provider groups. Any additional premium cost must be reasonably related to benefits provided. Nothing in this section shall be construed to prohibit a health maintenance organization or other health benefit plan from professionally credentialing and evaluating individual providers or limiting the number of providers to maintain a network."
SECTION 2.   This act takes effect upon approval by the Governor./

Amend title to conform.

Senator COURTNEY explained the amendment.

The amendment was adopted.

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

Senator MARTIN assumed the Chair at 4:55 P.M.

H. 3669 (Word version) -- Reps. R. Smith, Wilkins, Boan, Harrell, Cobb-Hunter, Harvin, Webb, Jennings, Riser, Sharpe, Cromer, Felder, Cato, H. Brown and Witherspoon: A BILL TO AMEND CHAPTER 119, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLEMSON UNIVERSITY, BY ADDING ARTICLE 9, PROVIDING FOR CLEMSON UNIVERSITY ATHLETIC FACILITIES REVENUE BONDS.
Senator COURTNEY moved that the Bill be made a Special Order, in lieu of the slot on Special Orders previously taken by S. 171.
Senator GIESE objected.

Senator COURTNEY raised a Point of Order that the motion to set the Bill for Special Order did not require unanimous consent inasmuch as the motion was made during the Motion Period.
The PRESIDENT stated that unanimous consent would be required if the motion were to set the Bill for Special Order ahead of another Bill that was already set as a Special Order.

Senator COURTNEY advised that the motion to make the Bill a Special Order was not intended to give it priority status over any other Bill currently in the category of Special Order.

The question then was the motion to make the Bill a Special Order.

Senator GIESE raised a Point of Order under Rule 333 that the Bill had not been on the Calendar a minimum of six statewide legislative days.
The PRESIDENT sustained the Point of Order.

S. 249 (Word version) -- Senators Ford, Glover, Matthews, Hutto, Washington, Anderson, Land, Williams and Jackson: A BILL TO AMEND SECTION 53-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL HOLIDAYS, SO AS TO PROVIDE THAT MARTIN LUTHER KING'S BIRTHDAY AND CONFEDERATE MEMORIAL DAY SHALL BE REGULAR, RATHER THAN OPTIONAL, HOLIDAYS; TO DELETE REFERENCES TO ROBERT E. LEE'S BIRTHDAY AND JEFFERSON DAVIS' BIRTHDAY AS HOLIDAYS; AND TO MAKE GENERAL ELECTION DAY AN OPTIONAL, RATHER THAN REGULAR, HOLIDAY.

Senator ROSE asked unanimous consent to make a motion to request the return of the Bill from the House of Representatives.
Senator ROSE spoke on the motion.
Senator McCONNELL argued contra to the motion.
Senator McCONNELL moved to lay the amendment on the table.

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

Alexander                 Anderson                  Bryan
Courson                   Courtney                  Elliott
Ford                      Glover                    Gregory
Holland                   Hutto                     Jackson
Land                      Lander                    Leventis
Matthews                  McConnell                 McGill
Moore                     O'Dell                    Passailaigue
Patterson                 Rankin                    Ravenel
Russell                   Short                     Smith, J. Verne
Washington                Wilson                    

Fair                      Giese                     Hayes
Leatherman                Martin                    Mescher
Peeler                    Reese                     Rose
Ryberg                    Thomas                    Waldrep

The motion to request the return of the Bill from the House of Representatives was laid on the table.

H. 3695 (Word version) -- Ways and Means Committee: A BILL TO AMEND TITLE 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLANNING, RESEARCH, AND DEVELOPMENT, BY ADDING CHAPTER 4 SO AS TO CREATE THE SOUTH CAROLINA ECONOMIC DEVELOPMENT AUTHORITY AND PROVIDE FOR ITS GOVERNANCE, POWERS, AND DUTIES, AND PROVIDE FOR THE DEVOLUTION ON IT OF VARIOUS FUNCTIONS, POWERS, AND DUTIES OF THE DEPARTMENT OF COMMERCE THAT IT CONSIDERS NECESSARY TO ENHANCE ECONOMIC DEVELOPMENT AND GROWTH AND ON APPROVAL BY THE STATE BUDGET AND CONTROL BOARD; TO AMEND SECTION 1-11-720, AS AMENDED, RELATING TO ENTITIES ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE GROUP PLANS, SO AS TO INCLUDE THE AUTHORITY CREATED BY THIS ACT; TO AMEND SECTIONS 8-11-260 AND 8-17-370, BOTH AS AMENDED, RELATING TO EMPLOYEES EXEMPT FROM THE STATE EMPLOYEE CLASSIFICATION AND COMPENSATION PLAN AND THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO EXEMPT OFFICERS AND EMPLOYEES OF THE AUTHORITY CREATED BY THIS ACT; AND TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO THE DEFINITIONS OF "GOVERNMENTAL BODY" FOR PURPOSES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO EXCLUDE THE AUTHORITY CREATED BY THIS ACT FROM THE DEFINITION.

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

H. 3847 (Word version) -- Reps. Meacham and Kirsh: A BILL TO AMEND SECTION 39-55-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM ACREAGE OF LAND REQUIRED FOR USE AS A CEMETERY, SO AS TO PROVIDE AN EXCEPTION.

Senator BRYAN asked unanimous consent to take up the Bill for immediate consideration.
There was no objection.

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

The Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

S. 238 (Word version) -- Senators Giese, Passailaigue, Holland, Reese, Ravenel, Rose and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-262 SO AS TO REQUIRE A NURSING HOME, AS A CONDITION OF LICENSURE, TO ESTABLISH MINIMUM PATIENT-STAFF RATIOS FOR STAFF PROVIDING NURSING CARE, EXCLUDING REGISTERED NURSES AND LICENSED PRACTICAL NURSES.
Senator GIESE moved that the Bill be made a Special Order.

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

Bryan                     Giese                     Mescher

Alexander                 Anderson                  Courson
Courtney                  Elliott                   Fair
Ford                      Glover                    Hayes
Holland                   Hutto                     Land
Lander                    Leatherman                Leventis
Martin                    Matthews                  McConnell
Moore                     O'Dell                    Passailaigue
Patterson                 Peeler                    Rankin
Ravenel                   Reese                     Rose
Russell                   Ryberg                    Short
Smith, J. Verne           Thomas                    Waldrep
Washington                

Having failed to receive the necessary vote, the motion failed.

On motion of Senator ROSE, with unanimous consent, Senators ROSE, WASHINGTON and SHORT were granted leave to attend a conference committee meeting and to be counted in any quorum calls.

On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.

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

Senator HOLLAND asked unanimous consent to make a motion to take up the Bill for immediate consideration.
There was no objection.

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

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

H. 3300 (Word version) -- Reps. Breeland, Cave, Inabinett, Mack, J. Hines, Govan, M. Hines, J. Brown, Lloyd, Pinckney and Byrd: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE FOR THE ISSUANCE OF FRATERNITY AND SORORITY LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED.

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

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

H. 3764 (Word version) -- Reps. Cato, Harrison, Cromer, Altman, Hawkins, J. Hines, Bauer, Lee, Limehouse, Wilder, Campsen, Fleming, Haskins, Kelley, Mason, Walker, Mullen, Barrett, Neilson, Hinson, Seithel, Inabinett, Cobb-Hunter, Scott, Chellis, McKay, Webb, Sandifer, Young, Woodrum, Young-Brickell, Bailey, Simrill, Sharpe, Stuart, Spearman, Koon, McCraw, Kirsh, Trotter, H. Brown, Boan, Limbaugh, Knotts, Gourdine, Kinon, Dantzler, Law, Meacham, Robinson, Riser, D. Smith, Bowers, Baxley, Quinn, Edge, Maddox, Whatley, Vaughn, McMahand, F. Smith, Battle, Miller, Davenport, Harrell, Hodges, Harvin, Pinckney, Littlejohn, Gamble, Wilkins and Clyburn: A BILL TO AMEND SECTION 40-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF THE TITLE AND DESIGNATIONS AS "CERTIFIED PUBLIC ACCOUNTANT" AND THE FORM OF PRACTICES THAT MAY BE USED SO AS TO DELETE CERTAIN PROVISIONS FOR FORMS OF PRACTICE; TO AMEND SECTION 40-2-190, RELATING TO REGISTRATION REQUIREMENTS, SO AS TO DELETE THE PROVISION THAT THE EXPERIENCE REQUIREMENT MUST BE EXPERIENCE SATISFACTORY TO THE SOUTH CAROLINA BOARD OF ACCOUNTANCY, TO PROHIBIT A MINIMUM EXPERIENCE REQUIREMENT FOR AUDITING FINANCIAL STATEMENTS; AND TO AMEND SECTION 40-2-380, RELATING TO THE PROMULGATION OF REGULATIONS BY THE BOARD OF ACCOUNTANCY SO AS TO REQUIRE THE BOARD OF ACCOUNTANCY TO PROMULGATE REGULATIONS CONFORMING TO AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS STANDARDS FOR CONTINGENT FEES, COMMISSIONS, AND FORMS OF PRACTICE AND TO PROVIDE THAT UNTIL THESE REGULATIONS ARE PROMULGATED, THE INSTITUTE STANDARDS APPLY.

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

Senator PASSAILAIGUE argued in favor of the Bill.

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

With Senator PASSAILAIGUE retaining the floor, Senator GIESE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (3669R001.GFM) proposed by Senator McCONNELL and previously printed in the Journal of May 27, 1997.

On motion of Senator McCONNELL, with unanimous consent, the amendment was withdrawn.

Senator GIESE proposed the following Amendment No. 2 (3669R002.WKG), which was adopted:
Amend the bill, as and if amended, by adding a new appropriately numbered SECTION to read:
/SECTION   .   Section 59-121-30 of the 1976 Code is amended to read:
"Section 59-121-30.   The General Assembly shall hold an election to fill vacancies occurring due to expiration of terms no earlier than the first day of April of the year the term expires and as necessary to fill unexpired terms which are caused by the death, resignation, or removal of a trustee, except that vacancies of unexpired terms of members elected by the Association of Citadel Men shall be filled in the same manner as is provided for by Section 59-121-10. No elective member shall be elected or re-elected either by the General Assembly or by the Association of Citadel Men to fill any term of office, the duration of which shall extend beyond the member's seventy-fifth birthday. However, beginning with the elections for members of the board occurring on or after July 1, 1997, the seventy-fifth birthday limit no longer applies."/
Renumber sections to conform.
Amend title to conform.

Senator GIESE explained the amendment.

The amendment was adopted.

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

The Senate resumed consideration of H. 3764.
Senator PASSAILAIGUE resumed speaking on the Bill.

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

With Senator PASSAILAIGUE retaining the floor, Senator MOORE asked unanimous consent to take up the Bill for immediate consideration.
There was no objection.

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

The Committee on Finance proposed the following amendment (GJK\20772SD.97), which was adopted:
Amend the bill, as and if amended, in Section 11-35-1520 of the 1976 Code, as contained in SECTION 1, by striking subsection (3) which begins on line 3, page 22, and inserting:
/(4)(3)   Notice. Adequate notice of the invitation for bids shall be given at a reasonable time prior to the date set forth therein for the opening of bids. Such notice shall include utilization of bidders' lists and may shall include publications in a newspaper of general circulation in the State such as 'South Carolina Business Opportunities' or through a means of central electronic advertising as approved by the Office of General Services. /
Amend further, as and if amended, in Section 11-25-1524(C)(3) of the 1976 Code, as contained in SECTION 1, page 28, line 40, by striking / $10,000 / and inserting / $30,000 / .
Amend further, as and if amended, in Section 11-35-3030(4)(a), page 56, beginning on line 20, by striking
/ Upon substantial completion of a project, the agency may withhold three times the value of the uncompleted work as estimated by the owner's representative, in addition to any retained amounts, until final completion and final payment./
Amend further, as and if amended, by striking Section 11-35-4215 of the 1976 Code which begins on page 4026-71 and inserting:
/Section 11-35-4215.   The agency may request that the appropriate chief procurement officer require any bidder or offeror who files an action protesting the intended award or award of a contract valued at one million dollars or more to post with the appropriate chief procurement officer a bond or irrevocable letter of credit payable to the State of South Carolina in an amount equal to one percent of the total potential value of the contract as determined by the appropriate chief procurement officer. The chief procurement officer's decision to require a bond or irrevocable letter of credit is not appealable under Section 11-35-4210. The bond or irrevocable letter of credit shall be conditioned upon the payment of all reasonable reimbursement costs which may be adjudged against the bidder or offeror filing the protest in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding. For protests of intended award or award of a contract of the purchasing agency's request for sole source or emergency procurements, the bond or irrevocable letter of credit shall be in an amount equal to one percent of the requesting agency's estimate of the contract amount for the sole source or emergency procurement requested. In lieu of a bond or irrevocable letter of credit , the appropriate chief procurement officer may accept a cashier's check or money order in the amount of the bond or irrevocable letter of credit. If, after completion of the administrative hearing process and any appellate court proceedings, the agency prevails, it may request that the Procurement Review Panel allow it to recover all reasonable reimbursement costs and charges associated with the protest which shall be included in the final order or judgment, excluding attorney's fees. Upon payment of such costs and charges by the bidder or offeror protesting the intended award or award of a contract, the bond, irrevocable letter of credit, cashier's check, or money order shall be returned to the bidder or offeror. Failure to pay such costs and charges by the bidder or offeror protesting the intended award or award of a contract shall result in the forfeiture of the bond, irrevocable letter of credit, cashier's check, or money order to the extent necessary to cover the payment of all reasonable reimbursement costs adjudged against the protesting bidder or offeror. If the bidder or offeror prevails in the protest, the cost of providing the bond, irrevocable letter of credit or cashier's check may be sought from the agency requesting the bond or irrevocable letter of credit./
Amend further, as and if amended, beginning on page 78, by striking Section 11-35-4810 of the 1976 Code, as contained in SECTION 1, and inserting:
/Section 11-35-4810.   Any public procurement unit may participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of any supplies, services, or construction with one or more public procurement units or external procurement activities in accordance with an agreement entered into between the participants. Such cooperative purchasing may include, but is not limited to, joint or multi-party contracts between public procurement units and open-ended state public procurement unit contracts which shall be made available to local public procurement units, except as provided in Section 11-35-4820 or except as may otherwise be limited by the board through regulations./
Amend further, as and if amended, page 79, by striking Section 11-35-4815 of the 1976 Code.
Amend further, as and if amended, in Section 11-35-410 of the 1976 Code, as contained in SECTION 1, by striking the last paragraph which begins on line 30, page 11 and inserting:
/At the time of submitting a proposal or bid, the party supplying a bid or proposal must identify any portions of the proposal or bid considered by the party to be a trade secret and thus eligible to be withheld from public inspection and copying. If the information identified by the party is a trade secret, as defined in Section 30-4-40(a)(1), it may be withheld from public inspection and copying. If the party fails to identify information as a trade secret, the entire bid or proposal is to be made available for public inspection and copying./
Renumber sections to conform.
Amend title to conform.

The amendment was adopted.

Senator LEATHERMAN proposed the following Amendment No. 1 (GJK\20786SD.97), which was adopted:
Amend the bill, as and if amended, by adding at the end of Section 11-35-4810 of the 1976 Code, beginning on page 78, the following:
/However, thirty days notice of a proposed multi-state solicitation shall be provided through central advertising and such contracts may be only awarded to manufacturers who will be distributing the products to South Carolina governmental bodies through South Carolina vendors./
Renumber sections to conform.
Amend title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

Senator LEATHERMAN proposed the following Amendment No. 2 (GJK\20800SD.97), which was adopted:
Amend the bill, as and if amended, in Section 11-35-4215 of the 1976 Code by inserting immediately after /contract / as it first appears in the first sentence of the section /solicited under Article 5 of this code and/
Renumber sections to conform.
Amend title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

Senator MOORE proposed the following Amendment No. 3A (4026R007.TLM), which was adopted:
Amend the bill, as and if amended, page 4026-21, by striking lines 25 through 42 and continuing on to page 4026-22 and striking lines 1 through 6, and inserting in lieu thereof the following:
/(2)   Beginning with the first quarter of fiscal year 1981-82 and each quarter thereafter, in consultation with the Legislative Audit Council, the Comptroller General The Division of Budget Analysis, or other office or division within the Budget and Control Board, in consultation with the Comptroller General, shall assume responsibility for operation and maintenance of the automated quarterly fiscal reporting procedures that have been developed under Section 1-1-930. The Comptroller General and the Division of Budget Analysis, or other office or division within the Budget and Control Board, shall assume responsibility for providing quarterly reports to the General Assembly regarding the status of personnel positions, budgets, transfers, and expenditures in all state agencies, departments, and institutions in a format developed in consultation with the Legislative Audit Council. The Legislative Audit Council shall periodically review the reporting system and coordinate legislative information needs with the Office of the Comptroller General and the Division of Budget Analysis, or other office or division within the Budget and Control Board, as necessary. All agencies, departments and institutions of state government shall report to the Comptroller General and the Division of Budget Analysis, or other office or division within the Budget and Control Board, the any required information required under Section 1-1-940.
Beginning in the first quarter of fiscal year 1981-82, the The Legislative Audit Council shall undertake a periodic review of the reporting and data analysis system developed by the division for reporting both commodities purchased and those not purchased through the division's central purchasing system, and shall make recommendations for incorporating these reporting procedures into the Statewide Accounting and Reporting System (STARS) as necessary to reduce unnecessary duplication and improve efficiency, effectiveness and accountability./
Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

Senator SETZLER proposed the following Amendment No. 5 (GJK\20845AC.97), which was adopted:
Amend the bill, as and if amended, in Section 11-35-1524, page 4026-30, by deleting line 13 and inserting:
/Section 11-35-1524.   (A)   A preference of seven percent must be provided to vendors who are residents of South Carolina or whose products are made, manufactured, or grown in South Carolina as set forth in this section.
(B)   As used in this section, unless the/
Amend the bill further, as and if amended, in Section 11-35-1524, page 4026-30, line 34, by deleting /five/ and inserting the following: /seven/
Amend the bill further, in Section 11-35-1524, page 4026-32, immediately after line 19 by inserting:
/(E)   If a vendor qualifies as a resident vendor and is bidding a product made, manufactured, or grown in South Carolina, an additional three percent preference must be given if claimed by the bidder. /
Renumber sections to conform.
Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

Senator MOORE proposed the following Amendment No. 6 (4026R003.TLM), which was adopted:
Amend the bill, as and if amended, page 4026-78, by striking lines 16 through 21 in their entirety.
Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

Senator McCONNELL proposed the following Amendment No. 7 (4026R008.GFM), which was adopted:
Amend the bill, as and if amended, page 8, by striking lines 34 through 42 and inserting in lieu thereof the following:
/(18)   'Governmental body' means a state government department, commission, council, board, bureau, committee, institution, college, university, technical school, legislative body, agency, government corporation, or other establishment or official of the executive, or judicial branch, or legislative branches of this State. Governmental body excludes the General Assembly or its respective branches or its committees, Legislative Council, the Office of Legislative Printing and Information Technology Resources, and all local political subdivisions such as counties, municipalities, school districts, or public service or special purpose districts or any entity created by act of the General Assembly for the purpose of erecting monuments or memorials or commissioning art that is being procured exclusively by private funds./
Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

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

The Senate resumed consideration of H. 3764.

Senator PASSAILAIGUE continued speaking on the Bill.
Senator ALEXANDER argued contra to the Bill.

With Senator ALEXANDER retaining the floor, on motion of Senator MOORE, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.

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

Reappointments, Chesterfield County Magistrates, with terms to commence April 30, 1994, and to expire April 30, 1998:
Honorable Elizabeth E. Burch, Route 1, Box 40, Chesterfield, S.C. 29709
Honorable Robin R. Johnson, Post Office Box 396, Jefferson, S.C. 29718
Honorable Richard R. Lee, Route 1, Box 366-A, Cheraw, S.C. 29520
Honorable James H. Tilley, Route 2, Box 727, Cheraw, S.C. 29520

At 5:40 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.

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