South Carolina General Assembly
110th Session, 1993-1994
Journal of the House of Representatives

THURSDAY, FEBRUARY 11, 1993

Thursday, February 11, 1993
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

God and Father of us all, under the canopy of Your goodness and mercy which have followed us all our days, bless us with the supreme satisfaction of rendering our best service - undiluted by base motives or selfish interests. As keepers of the holy flame which our forefathers kindled with their lives, make us worthy of that trust. Use us as instruments in Your plans that mouths shall not cry out for bread, that hands and feet shall not be shackled, that free speech shall not be silenced, nor minds darkened by falsehood hiding in the light of Your truths.

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

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

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

INTRODUCTION OF BILLS

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

H. 3461 -- Reps. Richardson, White, G. Bailey, Holt, Law, Hallman, Gonzales, Harrell, Fulmer, Whipper, McMahand, H. Brown, McElveen, Cobb-Hunter, Shissias, J. Bailey, Mattos, Keyserling, Breeland, Govan, R. Young, Beatty, Barber, Anderson, Inabinett, Hutson, Wofford, Trotter, Baker, Harrelson, J. Harris, Scott, Williams, Klauber, Witherspoon, Stille, Worley, Martin, Kelley, Allison, Neal and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-925 SO AS TO ALLOW MUNICIPALITIES AND COUNTIES TO IMPOSE AN ADDITIONAL SALES TAX NOT EXCEEDING TWO PERCENT ON ACCOMMODATIONS FOR TRANSIENTS, TO PROVIDE THE REVENUE FROM THIS ADDITIONAL TAX MUST BE REMITTED TO THE JURISDICTION IMPOSING THE TAX AND USED ONLY FOR CERTAIN TOURISM-RELATED EXPENDITURES AND TO PROVIDE FOR A REFERENDUM TO REPEAL OR VARY THE RATE OF THE TAX UPON A PETITION OF AT LEASE FIFTEEN PERCENT OF THE QUALIFIED ELECTORS RESIDING IN THE JURISDICTION.

Referred to Committee on Ways and Means.

H. 3462 -- Reps. Rudnick, Huff, Sharpe, R. Smith and Stone: A BILL TO AMEND SECTION 12-45-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ON DELINQUENT TAXES, SO AS TO ALLOW THE COUNTY TREASURER TO WAIVE PENALTIES UNDER CERTAIN CIRCUMSTANCES.

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

H. 3463 -- Reps. Jennings, H. Brown, Kirsh, Huff, Houck, Neilson, Tucker, Baxley, Delleney, Wofford, Worley, McElveen, Martin, Cobb-Hunter, J. Wilder, Spearman, Elliott, McCraw, Phillips, Kinon, J. Harris and Askins: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO CREATE THE SCENIC HIGHWAYS COMMITTEE AND TO PRESCRIBE ITS POWERS AND DUTIES; BY ADDING SECTION 57-23-185 SO AS TO PROVIDE THAT JUST COMPENSATION BE PAID TO LANDOWNERS FOR REMOVAL OF SIGNS; AND TO AMEND SECTION 57-25-140, AS AMENDED, RELATING TO SIGNS PERMITTED ALONG INTERSTATE HIGHWAYS, SO AS TO ALLOW SIGNS PROVIDING DIRECTIONAL INFORMATION.

Referred to Committee on Education and Public Works.

H. 3464 -- Reps. McElveen, J. Bailey, Beatty, Cobb-Hunter, Kennedy, McLeod, Inabinett, Mattos, Houck and Keyserling: A BILL TO ENACT THE "RESPONSIBLE PARENTING ACT OF 1993" BY ADDING SECTION 43-5-67, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE BIRTH CONTROL COUNSELING FOR RECIPIENTS OF AID TO FAMILIES WITH DEPENDENT CHILDREN (AFDC); TO PROVIDE THE OPTION FOR A WOMAN ON AFDC TO RECEIVE NORPLANT OR A SIMILAR DEVICE AT STATE EXPENSE; TO PROHIBIT AN INCREASE IN AFDC PAYMENTS TO A FAMILY IN WHICH THE BIRTH CONTROL DEVICE WAS NOT CHOSEN AND IN WHICH A CHILD SUBSEQUENTLY WAS BORN; TO PROVIDE THAT A FAMILY THAT DISCONTINUES RECEIVING AFDC MAY NOT INCLUDE ADDITIONAL CHILDREN IN ITS FAMILY SIZE WHEN REAPPLYING FOR BENEFITS UNLESS THE FAMILY DID NOT RECEIVE BENEFITS FOR TWENTY-FOUR MONTHS; TO PROVIDE THAT A CHILD NOT INCLUDED IN THE FAMILY SIZE PURSUANT TO THIS SECTION MAY RECEIVE MEDICAID IF OTHERWISE ENTITLED; TO PROVIDE THAT A FAMILY MAY NOT BE PENALIZED IF THE WOMAN CHOSE TO HAVE NORPLANT OR A SIMILAR DEVICE AND A PREGNANCY RESULTED; TO PROVIDE IMMUNITY TO THE STATE; TO PROVIDE THAT THE STATE DEPARTMENT OF SOCIAL SERVICES MAY PROMULGATE REGULATIONS; TO PROVIDE REQUIREMENTS FOR FAMILIES CURRENTLY ON AFDC; TO DIRECT THE STATE DEPARTMENT OF SOCIAL SERVICES TO APPLY FOR A WAIVER IF NECESSARY TO IMPLEMENT THIS ACT WITHOUT A FINANCIAL PENALTY AND TO PROVIDE THAT THIS ACT DOES NOT TAKE EFFECT IF THE WAIVER IS DENIED UNLESS APPROVED BY THE GENERAL ASSEMBLY IN THE NEXT APPROPRIATIONS ACT.

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

H. 3465 -- Reps. McElveen and Keyserling: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 15 TO ARTICLE XVII SO AS TO ESTABLISH A SPECIFIED PROCEDURE FOR THE ENACTMENT OF LAWS AND CONSTITUTIONAL AMENDMENTS BY INITIATIVE PETITION.

Referred to Committee on Judiciary.

H. 3466 -- Reps. Rudnick, R. Smith, Stone, Cobb-Hunter, Harvin, Inabinett, Meacham and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1075, SO AS TO DEFINE THE CRIME OF CARJACKING, AND TO PROVIDE PENALTIES.

Referred to Committee on Judiciary.

H. 3467 -- Reps. Rudnick, Cobb-Hunter, and Inabinett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-29-75 SO AS TO PROHIBIT AFTER JUNE 30, 1994, THE SALE OR OFFER FOR SALE OF A MANUFACTURED HOME UNLESS A SPRINKLER SYSTEM IS INSTALLED, AND TO AUTHORIZE THE STATE FIRE MARSHAL TO PROMULGATE REGULATIONS RELATING TO THE TYPE OF SPRINKLER SYSTEM REQUIRED.

Referred to Committee on Labor, Commerce and Industry.

H. 3468 -- Reps. Rudnick, Govan, Cobb-Hunter, Inabinett and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-75 SO AS TO REQUIRE HOSPITALS TO DISPLAY A LIST OF THEIR STANDARD CHARGES AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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

H. 3469 -- Reps. Rudnick, Govan, Cobb-Hunter and Inabinett: A BILL TO PROVIDE THAT THE CHIEF INSURANCE COMMISSIONER SHALL REQUIRE A REDUCTION IN MOTOR VEHICLE LIABILITY INSURANCE RATES FOR A THREE-YEAR PERIOD FOR ANY PERSON WHO VOLUNTARILY ATTENDS AND SUCCESSFULLY COMPLETES A MOTOR VEHICLE ACCIDENT PREVENTION COURSE APPROVED BY THE COMMISSIONER.

Referred to Committee on Labor, Commerce and Industry.

H. 3470 -- Reps. Rudnick, Kirsh, Govan, Moody-Lawrence, Cobb-Hunter and Holt: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-11-215 SO AS TO PROVIDE THAT A CANDIDATE WHO EXECUTES A CERTAIN CANDIDACY PLEDGE WITH A POLITICAL PARTY FOR PURPOSES OF OFFERING FOR ELECTION TO A PARTICULAR OFFICE IN THAT PARTY'S PRIMARY ELECTION AND WHO IS LATER ELECTED TO THAT OFFICE IS REQUIRED TO RESIGN THIS OFFICE FIRST BEFORE HE MAY CHANGE HIS POLITICAL PARTY AFFILIATION.

Referred to Committee on Judiciary.

H. 3471 -- Rep. Rudnick: A BILL TO PROVIDE THAT AN INSURED UNDER A POLICY OF AUTOMOBILE INSURANCE WITH AN OTHERWISE CLEAN DRIVING RECORD WHO VIOLATES FOR THE FIRST TIME ANY OF THE STATE'S MOTOR VEHICLE LAWS, FOR WHICH VIOLATION POINTS ARE ASSESSED, IS SUBJECT TO ONLY A ONE-TIME SURCHARGE OR INCREASE IN RECOUPMENT FEE, BASED ON THE ASSESSMENT OF POINTS, OF ONE HUNDRED DOLLARS FOR THAT VIOLATION, AND TO PROVIDE THAT NO SURCHARGE OR INCREASE IN RECOUPMENT FEE, BASED ON THE ASSESSMENT OF POINTS, SHALL BE APPLIED TO OR ASSESSED AGAINST AN INSURED AFTER THE DATE ON WHICH SUCH POINTS ARE REMOVED OR ARE REQUIRED TO BE REMOVED FROM THE INSURED'S DRIVING RECORD WITH RESPECT TO ANY VIOLATION OF THE STATE'S MOTOR VEHICLE LAWS.

Referred to Committee on Labor, Commerce and Industry.

H. 3472 -- Reps. Rudnick, Corning, Shissias, Holt, Inabinett and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-290 SO AS TO PROHIBIT THE POSSESSION OF A WEAPON BY A STUDENT ON SCHOOL PROPERTY, TO PROVIDE ADMINISTRATIVE PENALTIES AND THAT THE STUDENT'S DRIVER'S LICENSE BE SUSPENDED FOR ONE YEAR AND IF A LICENSE HAS NOT BEEN ISSUED TO THE STUDENT IT MUST BE DELAYED FOR ONE YEAR, AND TO PROVIDE FOR THE REPORTING TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION; AND BY ADDING SECTION 56-1-285 SO AS TO PROVIDE THAT UPON RECEIPT OF A REPORT FROM A SCHOOL DISTRICT INDICATING A STUDENT POSSESSED A WEAPON ON SCHOOL PROPERTY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL SUSPEND THE DRIVER'S LICENSE OF THE STUDENT AND IF A LICENSE HAS NOT BEEN ISSUED TO THE STUDENT IT MUST BE DELAYED ONE YEAR.

Referred to Committee on Judiciary.

H. 3473 -- Reps. Rudnick, Stone, Inabinett, Cobb-Hunter, Cromer, Waites, Scott, Baxley and Keyserling: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO IMPEACHMENT OF CERTAIN EXECUTIVE AND JUDICIAL OFFICERS OF THIS STATE BY ADDING SECTION 4, SO AS TO PROVIDE PROCEDURES FOR RECALLING AND REMOVING FROM PUBLIC OFFICE PERSONS HOLDING PUBLIC OFFICES OF THE STATE OR ITS POLITICAL SUBDIVISIONS IN THE EXECUTIVE AND LEGISLATIVE BRANCHES OF STATE OR LOCAL GOVERNMENTS.

Referred to Committee on Judiciary.

H. 3474 -- Reps. Rudnick, Holt, Govan, Cobb-Hunter and Inabinett: A BILL TO REQUIRE AN AUTOMOBILE INSURER TO ELIMINATE POINTS IMPOSED AGAINST ITS INSURED FOR INSURANCE PURPOSES WHEN THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION REMOVES POINTS FROM THE OPERATING RECORD OF THE INSURED PERSON WHICH WERE ASSESSED UNDER SECTION 56-1-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR CERTAIN VIOLATIONS.

Referred to Committee on Labor, Commerce and Industry.

H. 3475 -- Reps. Baxley, A. Young, Simrill, Kirsh, Stone, Haskins, Neal, Harrison, Quinn, Corning, Riser, Shissias, Hines, Canty, Cato, Wells, Robinson, Meacham and Hutson: A BILL TO AMEND SECTION 4-10-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REFERENDUM ON THE QUESTION OF IMPLEMENTING THE LOCAL OPTION ONE PERCENT SALES AND USE TAX WITHIN A COUNTY, SO AS TO DESCRIBE SUCH REFERENDUM AS AN "INITIAL REFERENDUM", PROVIDE THAT IT MUST OCCUR ON THE TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER IN A GENERAL ELECTION YEAR, AND PROVIDE THAT, FOLLOWING THE INITIAL REFERENDUM, A REFERENDUM FOR IMPLEMENTING THE TAX MUST NOT BE HELD MORE OFTEN THAN ONCE IN FORTY-EIGHT, RATHER THAN TWELVE, MONTHS AND MUST BE SIMILARLY HELD ON THE TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER IN A GENERAL ELECTION YEAR ONLY.

Referred to Committee on Ways and Means.

H. 3476 -- Reps. Baxley, Canty, Sturkie, Neal, Simrill, Sharpe, Martin, Haskins, Jennings, Stone, Neilson, Shissias, Rhoad, Tucker, Byrd, Hines, Riser, Huff, Townsend, Harrelson, G. Brown, Keyserling, Delleney, Barber, Witherspoon, Worley, McTeer, Hutson and D. Smith: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO ALLOW A DEDUCTION FOR THE WHOLESALE VALUE OF AGRICULTURAL PRODUCE WHICH A FARMER ALLOWS TO BE REMOVED FROM HIS LAND AFTER COMMERCIAL HARVESTING IF HIS DONATION OF PRODUCE QUALIFIES FOR THE CIVIL LIABILITY EXEMPTION FOR DONATED FOOD PROVIDED BY CHAPTER 74 OF TITLE 15 OF THE 1976 CODE, TO REQUIRE THE DONOR TO REPORT FARM INCOME OR LOSS ON HIS FEDERAL INCOME TAX RETURN, AND TO PROVIDE THAT THE SOUTH CAROLINA TAX COMMISSION SHALL PRESCRIBE PROCEDURES TO DETERMINE THE WHOLESALE VALUE OF THE DONATED PRODUCE.

Referred to Committee on Ways and Means.

H. 3477 -- Rep. J. Bailey: A BILL TO AMEND SECTION 5 OF ACT 113 OF 1991, RELATING TO THE PROVISION THAT, FOR PURPOSES OF AUTOMOBILE INSURANCE, TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS AS USED IN SECTION 38-77-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, DO NOT INCLUDE PREMIUMS ATTRIBUTABLE TO RISKS CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY THAT DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT FOR TWENTY-FOUR MONTHS FOLLOWING THE EFFECTIVE DATE OF ACT 113 OF 1991, SO AS TO EXTEND THIS PERIOD FROM TWENTY-FOUR TO FORTY-EIGHT MONTHS.

Referred to Committee on Labor, Commerce and Industry.

H. 3478 -- Rep. J. Bailey: A BILL TO AMEND SECTION 58-27-1530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST ANY ELECTRIC LIGHT OR POWER WIRE BEING ERECTED WITHIN FIFTY YARDS OF ANY PUBLIC HIGHWAY UNLESS IT MEETS CERTAIN STANDARDS, SO AS TO PROVIDE THAT NO ELECTRICAL LIGHT AND POWER WIRES, TRANSMISSION LINES, OR SYSTEMS CAPABLE OF TRANSMITTING MORE THAN FIFTY KILOVOLTS OF ELECTRICITY MAY BE PLACED WITHIN TWO HUNDRED FIFTY YARDS OF ANY PUBLIC OR PRIVATE SCHOOL, VOCATIONAL OR TECHNICAL SCHOOL, OR INSTITUTION OF HIGHER LEARNING, AND TO PROVIDE CERTAIN CIVIL PENALTIES FOR VIOLATION.

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

H. 3479 -- Reps. Sharpe, T.C. Alexander, G. Bailey, Cato, Davenport, Chamblee, Fulmer, Jaskwhich, Carnell, Kennedy, Lanford, Littlejohn, Riser, R. Smith, Townsend, Vaughn, Wells, Wilkins, Wofford, A. Young, Wright, R. Young, Harrison, J. Wilder, Stuart, Gamble, D. Wilder, Witherspoon, Simrill, Richardson, Waites, Law, Keegan, Shissias, Quinn, Allison, Walker, H. Brown, Robinson, Elliott, Koon, McAbee, Stone, J. Harris and Gonzales: A BILL TO AMEND SECTION 1-23-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ADMINISTRATIVE PROCEDURES ACT FOR PROMULGATING REGULATIONS, SO AS TO PROVIDE THAT TESTS, STANDARDS, AND CRITERIA USED BY AN AGENCY IN EVALUATING LICENSE OR PERMIT APPLICATIONS COME WITHIN THE DEFINITION OF A "REGULATION".

Referred to Committee on Judiciary.

H. 3480 -- Reps. Sharpe, T.C. Alexander, G. Bailey, Carnell, Cato, Chamblee, Davenport, Fulmer, Harrison, Jaskwhich, Kennedy, Lanford, Littlejohn, Meacham, Riser, Simrill, R. Smith, Townsend, Vaughn, Wells, Wilkins, Witherspoon, Wofford, Wright, A. Young, R. Young, J. Wilder, Stuart, Gamble, D. Wilder, Richardson, Waites, Law, Shissias, Quinn, Allison, Walker, H. Brown, Robinson, Elliott, Koon, McAbee, Stone, J. Harris, Keyserling, Gonzales and Keegan: A BILL TO AMEND SECTION 59-101-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CERTAIN SALES TAX REVENUES ON CATALOG SALES FOR THE SUPPORT OF HIGHER EDUCATION, SO AS TO PROVIDE THAT FORTY PERCENT OF THESE REVENUES MUST BE USED FOR K-12 PUBLIC SCHOOL CONSTRUCTION NEEDS, FORTY PERCENT FOR HIGHER EDUCATION FORMULA FUNDING, AND TWENTY PERCENT FOR HIGHER EDUCATION TUITION GRANTS, AND TO DELETE REQUIREMENTS FOR ANY FUND REVENUES TO BE CREDITED TO THE EDUCATION IMPROVEMENT ACT OF 1984 FUND.

Referred to Committee on Ways and Means.

H. 3481 -- Reps. Sharpe, T.C. Alexander, G. Bailey, Cato, Davenport, Chamblee, Fulmer, Jaskwhich, Carnell, Kennedy, Lanford, Littlejohn, Riser, R. Smith, Townsend, Vaughn, Wells, Wilkins, Wofford, A. Young, Wright, R. Young, Harrison, J. Wilder, Stuart, D. Wilder, Witherspoon, Simrill, Richardson, Waites, Law, Keegan, Shissias, Quinn, Allison, Walker, H. Brown, Robinson, Elliott, Koon, McAbee, Stone, Gonzales, J. Harris, Keyserling and Gamble: A BILL TO AMEND SECTION 1-23-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR PROMULGATING REGULATIONS, SO AS TO REQUIRE A SYNOPSIS AND THE STATUTORY AUTHORITY FOR PROMULGATING A REGULATION IN THE DRAFTING NOTICE.

Referred to Committee on Judiciary.

H. 3482 -- Reps. Sharpe, T.C. Alexander, G. Bailey, Cato, Davenport, Chamblee, Fulmer, Jaskwhich, Carnell, Kennedy, Lanford, Littlejohn, Riser, R. Smith, Townsend, Vaughn, Wells, Wilkins, Wofford, A. Young, Wright, R. Young, Harrison, J. Wilder, Stuart, Gamble, D. Wilder, Witherspoon, Simrill, Richardson, Waites, Law, Keegan, Shissias, Quinn, Allison, Walker, H. Brown, Robinson, Elliott, Koon, McAbee, Stone, J. Harris and Gonzales: A BILL TO AMEND SECTION 38-55-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PRESENTING OF A FALSE CLAIM FOR PAYMENT TO AN INSURER TRANSACTING BUSINESS IN THIS STATE, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION ALSO APPLY TO FALSE CLAIMS FOR PAYMENT MADE TO HEALTH MAINTENANCE ORGANIZATIONS AND ANY PERSON INCLUDING THE STATE OF SOUTH CAROLINA PROVIDING BENEFITS FOR HEALTH CARE IN THIS STATE.

Referred to Committee on Labor, Commerce and Industry.

H. 3483 -- Reps. Sharpe, T.C. Alexander, G. Bailey, Carnell, Cato, Chamblee, Davenport, Fulmer, Harrison, Jaskwhich, Kennedy, Lanford, Littlejohn, Meacham, Riser, Simrill, R. Smith, Townsend, Vaughn, Wells, Wilkins, Witherspoon, Wofford, Wright, A. Young, R. Young, Gonzales, Quinn, Allison, Walker, H. Brown, Robinson, Elliott, Koon, McAbee, Stone, J. Harris, J. Wilder, Stuart, Gamble, D. Wilder, Richardson, Waites, Law, Keegan and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 TO TITLE 48 SO AS TO ENACT THE "ENVIRONMENTAL PROTECTION FUND ACT" SO AS TO PROVIDE FUNDING BY FEES FOR THE ENVIRONMENTAL PROGRAMS OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

Referred to Committee on Ways and Means.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Bailey, G.             Bailey, J.
Baker                  Barber                 Baxley
Boan                   Breeland               Brown, G.
Brown, H.              Brown, J.              Canty
Carnell                Cato                   Chamblee
Clyborne               Cobb-Hunter            Cooper
Corning                Davenport              Delleney
Elliott                Fair                   Farr
Fulmer                 Gamble                 Gonzales
Govan                  Graham                 Hallman
Harrell                Harrelson              Harris, J.
Harris, P.             Harvin                 Haskins
Hines                  Hodges                 Holt
Houck                  Hutson                 Inabinett
Jaskwhich              Jennings               Keegan
Kelley                 Keyserling             Kinon
Kirsh                  Klauber                Lanford
Law                    Littlejohn             Marchbanks
Martin                 McAbee                 McCraw
McKay                  McLeod                 McMahand
McTeer                 Meacham                Moody-Lawrence
Neal                   Neilson                Phillips
Rhoad                  Richardson             Robinson
Rogers                 Rudnick                Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Spearman
Stille                 Stoddard               Stone
Stuart                 Thomas                 Townsend
Trotter                Tucker                 Vaughn
Waites                 Waldrop                Walker
Wells                  Whipper                White
Wilder, D.             Wilder, J.             Wilkes
Wilkins                Williams               Witherspoon
Wofford                Worley                 Wright
Young, A.              Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, February 11.

James H. Harrison                 Harry R. Askins
C. Lenoir Sturkie                 James G. Mattos
John L. Scott, Jr.                James L.M. Cromer, Jr.
John W. Riser                     Larry L. Koon
Richard M. Quinn, Jr.             John G. Felder
Donald W. Beatty                  Kenneth Kennedy
Joseph T. McElveen, Jr.           Alma W. Byrd
Total Present--121

STATEMENT RE ATTENDANCE

I was not present during the Session but arrived in time to attend the Committee meetings on Thursday, February 11.

B. Hicks Harwell

DOCTOR OF THE DAY

Announcement was made that Dr. Beverly Simons of Eastover is the Doctor of the Day for the General Assembly.

ORDERED TO THIRD READING

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

S. 379 -- Senator Martin: A BILL TO AMEND SECTION 30-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD PICKENS COUNTY TO THE LIST OF COUNTIES WHICH HAVE A REGISTER OF MESNE CONVEYANCES; AND TO AMEND SECTION 30-5-12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD PICKENS COUNTY TO THE LIST OF COUNTIES WHICH SHALL APPOINT THE REGISTER OF MESNE CONVEYANCES FOR ITS COUNTY PURSUANT TO THE TERMS AND CONDITIONS AS IT MAY AGREE UPON.

S. 380 -- Senator Martin: A BILL TO AMEND ACT 610 OF 1984, RELATING TO THE SINKING FUND COMMISSION FOR THE SCHOOL DISTRICT OF PICKENS COUNTY, SO AS TO ADD THE SUPERINTENDENT OF EDUCATION FOR THE PICKENS COUNTY SCHOOL DISTRICT TO THE SINKING FUND COMMISSION.

H. 3404 -- Rep. G. Bailey: A BILL TO AMEND SECTION 40-79-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "ALARM SYSTEM BUSINESS" FOR PURPOSE OF ITS REGULATION BY THE LICENSING BOARD FOR CONTRACTORS, AND ACTIVITIES WHICH ARE NOT CONSIDERED WITHIN THE MEANING OF THIS DEFINITION, SO AS TO PROVIDE THAT THIS TERM DOES NOT INCLUDE OR APPLY TO A BUSINESS OR INDIVIDUAL SUBJECT TO LICENSING OR REGISTRATION UNDER THE RESIDENTIAL HOME BUILDERS LAW WHO INSTALLS FIRE ALARM SYSTEMS THAT ARE NOT MONITORED IN RESIDENTIAL BUILDINGS OR STRUCTURES.

H. 3424 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-77-175 AND 56-7-12 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT WHEN THE OPERATOR OR OWNER OF AN INDIVIDUAL PRIVATE PASSENGER AUTOMOBILE IS ISSUED A TICKET FOR A MOVING VIOLATION BY A LAW ENFORCEMENT OFFICER, HE MUST BE FURNISHED A WRITTEN REQUEST FORM TO BE COMPLETED BY HIM AND HIS INSURER OR THE AGENT ISSUING THE POLICY TO VERIFY LIABILITY INSURANCE COVERAGE; AND TO AMEND SECTION 56-10-45, RELATING TO MOTOR VEHICLE FINANCIAL SECURITY AND THE CONFISCATION OF LICENSE PLATES, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT LOCAL LAW ENFORCEMENT AGENCIES ARE AUTHORIZED TO CONFISCATE MOTOR VEHICLE REGISTRATION CERTIFICATES AND PLATES WHERE THE SECURITY REQUIRED BY CHAPTER 10 OF TITLE 56 HAS LAPSED.

Rep. J. BAILEY explained the Bill.

S. 379--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. ROBINSON, with unanimous consent, it was ordered that S. 379 be read the third time tomorrow.

S. 380--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. ROBINSON, with unanimous consent, it was ordered that S. 380 be read the third time tomorrow.

H. 3404--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. G. BAILEY, with unanimous consent, it was ordered that H. 3404 be read the third time tomorrow.

SENT TO THE SENATE

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

H. 3135 -- Reps. Corning, Quinn, Hallman, Cato, Jaskwhich, Shissias, Harrison, Harrell, Waites, Littlejohn, A. Young, Vaughn, Haskins, J. Bailey, Walker, Simrill, Robinson, D. Wilder, J. Wilder, G. Brown, Graham, Kirsh, Davenport, Stone, Meacham and Wells: A BILL TO AMEND ACT 610 OF 1990, RELATING TO THE JUDICIARY, SO AS TO EXTEND THE LIMIT ON DIRECT SOLICITING OF MEMBERS OF THE GENERAL ASSEMBLY FOR VOTES FOR JUDICIAL CANDIDATES BEFORE THE QUALIFICATIONS OF ALL CANDIDATES FOR THE OFFICE ARE DETERMINED BY THE JUDICIAL SCREENING COMMITTEE TO INDIRECT SOLICITATION, TO DEFINE INDIRECT SOLICITATION AND PROVIDE EXCEPTIONS TO REQUIRE THE COMMITTEE TO CONSIDER VIOLATIONS OF THIS SECTION WHEN CONSIDERING A CANDIDATE'S QUALIFICATIONS; AND TO DESIGNATE SECTION 6, PART IV, ACT 610 OF 1990 AS SECTION 2-19-70, CODE OF LAWS OF SOUTH CAROLINA, 1976.

H. 3181--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3181 -- Reps. Jennings, Delleney, Govan, Baxley, Tucker and Elliott: A BILL TO AMEND SECTION 20-7-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF JUVENILE CASES, SO AS TO DELETE THE CAP ON THE AMOUNT OF RESTITUTION THAT A COURT MAY ORDER A JUVENILE TO PAY AND TO PROVIDE THAT THIS AMOUNT IS IN THE COURT'S DISCRETION.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Tuesday, February 9, by the Committee on Judiciary.

Rep. JENNINGS explained the amendment.

The amendment was then adopted.

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

H. 3371--OBJECTIONS

The following Bill was taken up.

H. 3371 -- Reps. Carnell and Farr: A BILL TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO INCREASE THE MEMBERSHIP OF THE JOINT COMMITTEE; TO AMEND SECTIONS 58-3-20 AND 58-3-24, RELATING TO THE PUBLIC SERVICE COMMISSION AND ITS MEMBERSHIP, SO AS TO DELETE REFERENCES TO THE PUBLIC SERVICE COMMISSION MERIT SELECTION PANEL; AND TO REPEAL SECTIONS 58-3-21, 58-3-22, 58-3-23, AND 58-3-25, RELATING TO THE PUBLIC SERVICE COMMISSION MERIT SELECTION PANEL.

Rep. KIRSH moved to commit the Bill to the Committee on Judiciary.

Rep. CARNELL moved to table the motion, which was agreed to.

Rep. CARNELL proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10229DW.93).

Amend the bill, as and if amended, page 2, line 8, by striking /, one from each congressional district,/

Amend title to conform.

Rep. CARNELL explained the amendment.

Reps. CLYBORNE, ROBINSON, BAKER and WOFFORD objected to the Bill.

S. 343--DEBATE ADJOURNED

The following Bill was taken up.

S. 343 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-20-23 SO AS TO PROVIDE THAT IN AN ASSESSMENT APPEAL OF MANUFACTURING PROPERTY WHEN THE AMOUNT IN DISPUTE EXCEEDS THIRTY PERCENT OF A SCHOOL DISTRICT'S ASSESSED VALUE AND THE APPEAL EXTENDS FOR MORE THAN TWO YEARS, THE INDEX OF TAXPAYING ABILITY FOR THE DISTRICT MUST BE COMPUTED USING THE VALUE ASSERTED BY THE TAXPAYER IN THE APPEAL.

Rep. McTEER proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5305HC.93).

Amend the bill, as and if amended, in Section 59-20-23, as contained in SECTION 1, by adding at the end:

/If the final settlement of the appeal provides for an assessed value greater than the value asserted in the taxpayer's appeal, the local school district, within twelve months, must remit to the general fund of the State any additional funds received from the State Department of Education due to the utilization of the value of the facility asserted in the taxpayer's appeal./

Amend title to conform.

Rep. McTEER explained the amendment.

Rep. J. BAILEY moved to adjourn debate upon the Bill until Tuesday, February 16, which was adopted.

H. 3038--DEBATE ADJOURNED

Rep. HODGES moved to adjourn debate upon the following Bill until Wednesday, February 17, which was adopted.

H. 3038 -- Reps. Hodges and Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-33 SO AS TO PROVIDE THAT AN APPROPRIATION BY A COUNTY GOVERNING BODY RELATING TO POLICE PROTECTION THAT WILL RESULT IN THE REORGANIZATION, RESTRUCTURING, DUPLICATION, OR LIMITATION OF THE DUTIES AND FUNCTIONS OF THE SHERIFF'S DEPARTMENT MAY NOT TAKE EFFECT UNLESS FIRST APPROVED BY THE QUALIFIED ELECTORS OF THE COUNTY IN A REFERENDUM.

H. 3058--OBJECTIONS

The following Joint Resolution was taken up.

H. 3058 -- Reps. Wilkins, Rogers, Huff, Jaskwhich, Graham, T.C. Alexander, Boan, Hodges, Cato, Wells and Clyborne: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.

The Committee on Judiciary proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10202JM.93).

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

/SECTION     1.     It is proposed that Section 9, Article III of the Constitution of this State be amended to read:

"Section     9.     The annual session of the General Assembly heretofore elected, fixed by the Constitution of the year Eighteen hundred and Sixty-eight to convene on the fourth Tuesday of November, in the year Eighteen hundred and ninety-five, is hereby postponed, and the same shall be convened and held in the city of Columbia on the second Tuesday of January, in the year Eighteen hundred and Ninety-six. The first session of the General Assembly elected under this Constitution shall convene in Columbia on the second Tuesday in January, in the year Eighteen hundred and Ninety-seven, and thereafter annually at the same time and place. Provided, That the House of Representatives shall meet on the first Tuesday following the certification of the election of it's members for not more than three days following the general election in even-numbered years for the purpose of organizing. Should the casualties of war or contagious disease render it unsafe to meet at the seat of government, then the Governor may, by proclamation, appoint a more secure and convenient place of meeting. Members of the General Assembly shall not receive any compensation for more than forty days of any one session: Provided, That this limitation shall not affect the first four sessions of the General Assembly under this Constitution. The annual session of the General Assembly shall convene at the state capitol in the city of Columbia on the second Tuesday of January in even-numbered years and on the second Tuesday in February in odd-numbered years. The Senate and the House of Representatives shall meet on the first Tuesday following the certification of the election of its members for not more than three days following the general election in even-numbered years for the purpose of organizing and elections. Officers of the General Assembly, including the Speaker of the House and the President Pro Tempore of the Senate, and committee chairmen must be elected during the organizational session. During odd-numbered years, the presiding officers of the House and Senate shall convene on the second Tuesday in January for not more than two days for the limited purpose of accepting any bills or resolutions introduced by any member and referring any bills or resolutions to the appropriate committee which may then consider them at such times as the committee meets. Should the casualties of war or contagious disease render it unsafe to meet at the seat of government, then the Governor may, by proclamation, appoint a more secure and convenient place of meeting. Members of the General Assembly shall not receive any compensation for more than forty days of any one session."

SECTION     2.     The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Shall Section 9, Article III of the Constitution of this State be amended so as to provide for annual sessions of the General Assembly commencing at varying times in even-numbered years and odd-numbered years and for an organizational session for the Senate in certain years, delete certain obsolete language, provide for election of officers of the General Assembly, provide for certain meetings for the introduction and referral to committee of legislation, and provide for certain committee meetings?

Yes_
No_

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/

Amend title to conform.

Rep. HODGES explained the amendment.

Reps. KIRSH, McLEOD, CHAMBLEE, ANDERSON, McMAHAND, SIMRILL and RUDNICK objected to the Joint Resolution.

H. 3059--OBJECTIONS

The following Bill was taken up.

H. 3059 -- Reps. Wilkins, Clyborne, Rogers, Huff, Jaskwhich, T.C. Alexander, Boan, Hodges, Wells, Cato and Graham: A BILL TO AMEND SECTIONS 2-1-180, 11-9-880, AS AMENDED, 11-11-30, 11-11-90, AND 11-11-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY AND THE BUDGETARY PROCESS, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, TO PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING, TO CHANGE THE DATE OF THE ANNUAL INITIAL FORECAST OF THE BOARD OF ECONOMIC ADVISORS FROM NOVEMBER TENTH TO OCTOBER FIFTEENTH AND TO PROVIDE THAT THE INITIAL FORECAST MAY BE ADJUSTED ONLY DOWNWARD, TO PROVIDE THAT THE FEBRUARY FIFTEENTH FORECAST MAY BE ADJUSTED DOWNWARD MONTHLY, TO CHANGE THE DATE OF ANNUAL ESTIMATES OF FINANCIAL NEEDS BY STATE ENTITIES FROM NOVEMBER FIRST TO OCTOBER FIRST, TO PROVIDE THAT JOINT COMMITTEE HEARINGS ON BUDGET REQUESTS SHALL BEGIN ON THE SECOND TUESDAY IN DECEMBER, TO PROVIDE THAT SUPPLEMENTAL APPROPRIATIONS MAY BE REQUESTED FROM UNEXPENDED FUNDS FROM THE PREVIOUS FISCAL YEAR, AND TO PROHIBIT SUPPLEMENTAL APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT.

The Committee on Judiciary proposed the following Amendment No.1 (Doc Name L:\council\legis\amend\BBM\10144JM.93).

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

/SECTION     1.     Section 2-1-180 of the 1976 Code is amended to read:

"Section 2-1-180.     The regular annual session of the General Assembly shall adjourn sine die each year not later than 5:00 p.m. on the first second Thursday in June May. In any year that the House of Representatives fails to give third reading to the annual General Appropriations Bill by March thirty-first fifteenth, the date of sine die adjournment is extended by one statewide day for each statewide day after March thirty-first fifteenth that the House of Representatives fails to give the bill third reading. The session may also be extended by concurrent resolution adopted by a two-thirds vote of both the Senate and House of Representatives. During the time between 5:00 p.m. on the first second Thursday in June May and the extended sine die adjournment date, as set forth herein, no legislation or other business may be considered except the General Appropriations Bill and any matters approved for consideration by a concurrent resolution adopted by two-thirds vote in both houses."

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

Amend title to conform.

Rep. WILKINS explained the amendment.

Reps. KIRSH, J. BROWN, McLEOD, ANDERSON and HARRELSON objected to the Bill.

H. 3073--DEBATE ADJOURNED

Rep. COOPER moved to adjourn debate upon the following Bill until Wednesday, February 17, which was adopted.

H. 3073 -- Reps. Cooper, Waldrop, Chamblee, Townsend, Cato, Gonzales, Beatty, P. Harris, Stille and Tucker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-870 SO AS TO RESTRICT THE USE OF PERSONAL WATERCRAFT INCLUDING JET SKIS AND PROVIDE PENALTIES FOR VIOLATIONS.

H. 3425--INTERRUPTED DEBATE

The following Bill was taken up.

H. 3425 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-77-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISIONS PROHIBITING AN INCREASE IN AUTOMOBILE INSURANCE PREMIUMS AFTER CERTAIN FIRST OFFENSE VIOLATIONS, SO AS TO PROVIDE THAT A PERSON WHO IS ISSUED A CITATION FOR CARELESS OR NEGLIGENT DRIVING IN VIOLATION OF A COUNTY OR MUNICIPAL ORDINANCE AND WHO IS FOUND GUILTY OF THAT VIOLATION MAY NOT HAVE HIS PREMIUMS INCREASED AS A RESULT OF A FIRST OFFENSE.

Reps. J. BAILEY and T.C. ALEXANDER proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10218JM.93).

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/SECTION     1.     Section 38-77-360 of the 1976 Code, as added by Act 148 of 1989, is amended by adding:

"(C)     A person who is issued a citation for careless or negligent driving, in violation of any municipal or county ordinance prohibiting the operation of a motor vehicle without due care and caution for the safety of persons and property, and who is found guilty of that violation may not have his automobile insurance premiums for an individual private passenger automobile as defined in Section 38-77-30(5.5) increased as a result of a first offense.

Any insured whose automobile insurance premium has increased as a result of a first offense violation is entitled to a credit for this increase against renewal premiums due."/

Amend title to conform.

Rep. J. BAILEY explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. J. BAILEY having the floor.

H. 3371--OBJECTIONS

Reps. WOFFORD and BAKER withdrew their objections to the following Bill whereupon objections were raised by Reps. GRAHAM, WALKER and RICHARDSON.

H. 3371 -- Reps. Carnell and Farr: A BILL TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO INCREASE THE MEMBERSHIP OF THE JOINT COMMITTEE; TO AMEND SECTIONS 58-3-20 AND 58-3-24, RELATING TO THE PUBLIC SERVICE COMMISSION AND ITS MEMBERSHIP, SO AS TO DELETE REFERENCES TO THE PUBLIC SERVICE COMMISSION MERIT SELECTION PANEL; AND TO REPEAL SECTIONS 58-3-21, 58-3-22, 58-3-23, AND 58-3-25, RELATING TO THE PUBLIC SERVICE COMMISSION MERIT SELECTION PANEL.

MOTION TABLED

Rep. QUINN moved that the House recur to the Morning Hour.

Rep. WILKINS moved to table the motion, which was agreed to by a division vote of 74 to 11.

OBJECTION TO RECALL

Rep. CROMER asked unanimous consent to recall H. 3442 from the Committee on Judiciary.

Rep. HODGES objected.

MOTION TABLED

Rep. MATTOS moved that the House recur to the Morning Hour.

POINT OF ORDER

Rep. HODGES raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was not sustained by the Chair.

Rep. WILKINS moved to table the motion, which was agreed to by a division vote of 67 to 22.

SENT TO THE SENATE

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

H. 3137 -- Reps. Baker, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baxley, Beatty, Boan, Breeland, H. Brown, J. Brown, Byrd, Canty, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, Harrison, Harvin, Harwell, Haskins, Hines, Holt, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Koon, Lanford, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Robinson, Rogers, Rudnick, Scott, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stoddard, Stone, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-37-103 SO AS TO PROVIDE REQUIREMENTS FOR DIAGNOSTIC AND THERAPEUTIC CERTIFICATION OF AN OPTOMETRIST; BY ADDING SECTION 40-37-106 SO AS TO PROHIBIT AN OPTOMETRIST FROM ESTABLISHING A PHARMACY IN AN OPTOMETRY OFFICE AND TO PROVIDE THAT A CERTIFIED OPTOMETRIST MAY ADMINISTER OR SUPPLY PHARMACEUTICAL AGENTS TO PATIENTS TO INITIATE TREATMENT; BY ADDING SECTION 40-37-108 SO AS TO PROVIDE THAT A THERAPEUTICALLY CERTIFIED OPTOMETRIST MUST BE HELD TO THE STANDARD OF CARE OF PHYSICIANS AND SHALL MAINTAIN ONE MILLION DOLLARS IN MALPRACTICE INSURANCE; TO AMEND SECTION 40-37-20, RELATING TO THE AUTHORITY AND DUTIES OF THE SOUTH CAROLINA BOARD OF EXAMINERS IN OPTOMETRY, SO AS TO INCLUDE EXAMINING APPLICANTS FOR DIAGNOSTIC AND THERAPEUTIC CERTIFICATION; TO AMEND SECTION 40-37-105, RELATING TO THE USE OF TOPICAL APPLICATION OF PHARMACEUTICAL AGENTS BY OPTOMETRISTS, SO AS TO PROVIDE FOR THE DIAGNOSTIC AND THE THERAPEUTIC USE OF THESE AGENTS AND TO PROVIDE RESTRICTIONS; TO AMEND SECTION 40-37-107, RELATING TO REFERRALS OF PATIENTS BY OPTOMETRISTS TO PHYSICIANS, SO AS TO INCLUDE REFERRALS TO OTHER OPTOMETRISTS UNDER CERTAIN CONDITIONS; TO AMEND SECTION 40-37-140, RELATING TO LICENSE RENEWAL AND CONTINUING EDUCATION, SO AS TO REQUIRE TWENTY HOURS OF EDUCATION A YEAR WITH CERTAIN PHARMACOLOGICAL REQUIREMENTS FOR CERTIFIED OPTOMETRISTS; TO AMEND SECTION 40-43-150, AS AMENDED, RELATING TO WHO MAY PRESCRIBE DRUGS AND TO THE SALE OF DRUGS AT WHOLESALE, SO AS TO INCLUDE THERAPEUTICALLY CERTIFIED OPTOMETRISTS AMONG THOSE WHO MAY PRESCRIBE AND TO ALLOW THE SALE OF DRUGS AT WHOLESALE TO DIAGNOSTICALLY AND THERAPEUTICALLY CERTIFIED OPTOMETRISTS; TO AMEND SECTION 40-43-155, AS AMENDED, RELATING TO PHARMACISTS SELLING PHARMACEUTICAL AGENTS TO OPTOMETRISTS, SO AS TO PROVIDE THAT THEY MAY BE SOLD TO OPTOMETRISTS WHO ARE DIAGNOSTICALLY AND THERAPEUTICALLY CERTIFIED OPTOMETRISTS FOR CERTAIN PURPOSES; AND TO AMEND SECTION 40-43-360, AS AMENDED, RELATING TO DEFINITIONS IN THE PHARMACY ACT, SO AS TO INCLUDE A THERAPEUTICALLY CERTIFIED OPTOMETRIST AS A "PRACTITIONER" FOR THE PURPOSE OF DEFINING WHO MAY PRESCRIBE DRUGS.

MOTION PERIOD

Rep. WILKINS moved to dispense with the Motion Period.

As a first substitute Rep. CARNELL moved to recall H. 3376 from the Judiciary Committee.

As a second substitute Rep. WILKINS moved to dispense with the balance of the Motion Period.

Rep. HASKINS moved to table the motion, which was rejected.

The question then recurred to the motion to dispense with the Motion Period, which was agreed to by a division vote of 68 to 9.

Rep. FARR moved that the House do now adjourn.

Rep. DAVENPORT demanded the yeas and nays, which were taken resulting as follows:

Yeas 3; Nays 96

Those who voted in the affirmative are:

Farr                   Lanford                Spearman

Total--3

Those who voted in the negative are:

Alexander, M.O.        Allison                Anderson
Askins                 Bailey, G.             Baker
Barber                 Baxley                 Boan
Brown, H.              Brown, J.              Carnell
Cato                   Chamblee               Clyborne
Cooper                 Corning                Cromer
Davenport              Delleney               Elliott
Fair                   Felder                 Fulmer
Gamble                 Gonzales               Govan
Graham                 Hallman                Harrell
Harrelson              Harris, J.             Harris, P.
Harrison               Haskins                Hines
Hodges                 Holt                   Hutson
Inabinett              Jennings               Keegan
Kelley                 Keyserling             Kinon
Kirsh                  Klauber                Koon
Law                    Marchbanks             Martin
Mattos                 McCraw                 McElveen
McKay                  McMahand               McTeer
Meacham                Moody-Lawrence         Neal
Neilson                Phillips               Quinn
Rhoad                  Richardson             Riser
Robinson               Rogers                 Rudnick
Sharpe                 Sheheen                Shissias
Simrill                Smith, R.              Stille
Stoddard               Stone                  Stuart
Thomas                 Trotter                Tucker
Vaughn                 Waites                 Waldrop
Walker                 Wells                  White
Wilder, D.             Wilder, J.             Wilkes
Wilkins                Witherspoon            Wofford
Worley                 Wright                 Young, A.

Total--96

So, the House refused to adjourn.

H. 3147--DEBATE ADJOURNED

Rep. CORNING moved to adjourn debate upon the following Bill until Tuesday, February 16, which was adopted.

H. 3147 -- Reps. Corning, Hallman, Fulmer, Quinn, Clyborne, Jaskwhich, Holt, Barber, A. Young, Davenport, Richardson, Cato, Shissias, Harrison, Hodges, D. Smith, Vaughn, Riser, Beatty, J. Bailey, Gonzales, Littlejohn, Houck, Lanford, R. Young, Meacham, Harrell, Simrill, Rogers, Walker, Thomas, Wright and Waites: A BILL TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF CANDIDATES IN GENERAL ELECTIONS, SECTION 7-11-210, RELATING TO NOTICE OF CANDIDACY, SECTION 7-13-40, AS AMENDED, RELATING TO THE DATE OF PARTY PRIMARIES, CERTIFICATION OF NAMES FOR PRIMARY BALLOTS, AND FILING FEES, AND SECTION 7-13-350, RELATING TO PLACING THE NAME OF CERTIFIED CANDIDATES ON THE BALLOT NOMINATED BY PETITION, PRIMARY, OR CONVENTION, SO AS TO REVISE THE PRIMARY DATE AND RELATED FILING AND CERTIFICATION DATES AND PROVIDE FOR A PRIMARY ON THE FOURTH TUESDAY IN AUGUST.

H. 3151--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3151 -- Reps. Wilkins, Hodges, Jennings and Clyborne: A BILL TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONIES, SO AS TO PROVIDE A CLASSIFICATION SYSTEM FOR ALL FELONY AND MISDEMEANOR CRIMES AND OFFENSES AND EXCEPTIONS; TO AMEND SECTION 16-1-20, RELATING TO CLASSIFICATION OF OTHER CRIMES, SO AS TO PROVIDE THE MAXIMUM TERM OF IMPRISONMENT, TO EXEMPT OFFENSES WHICH REFER TO A MANDATORY MINIMUM TERM OF IMPRISONMENT, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 16-1-30, RELATING TO CLASSIFICATION OF NEW OFFENSES, SO AS TO REQUIRE ALL NEW OFFENSES TO BE CLASSIFIED PURSUANT TO SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 16-1-40 AND 16-1-50, RELATING TO ACCESSORIES BEFORE THE FACT AND INDICTMENT AND CONVICTION OF ACCESSORIES, SO AS TO MAKE GRAMMATICAL CHANGES; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-55 SO AS TO CLASSIFY THE OFFENSE OF ACCESSORY AFTER THE FACT; TO AMEND SECTION 16-1-60, RELATING TO THE LIST OF VIOLENT CRIMES, SO AS TO ADD CRIMINAL SEXUAL CONDUCT WITH MINORS AND ASSAULT WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-80 SO AS TO CLASSIFY AN ATTEMPT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 16-1-90 AND 16-1-100 SO AS TO PROVIDE A LIST OF EACH CRIME AND OFFENSE AND ITS CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-110 SO AS TO PROVIDE FOR CRIMES OR OFFENSES INADVERTENTLY OMITTED FROM CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-11-325 SO AS TO PROVIDE THAT COMMON LAW ROBBERY IS A FELONY AND TO SET THE MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 7-25-50, 7-25-80, 7-25-190, 8-1-20, 12-7-2750, 12-9-840, 12-21-2716, 12-27-50, 12-29-610, 12-31-670, 12-45-110, 16-5-10, 16-7-160, AS AMENDED, 16-9-320, AS AMENDED, 16-9-340, 16-11-20, 16-11-170, 16-11-617, 16-11-740, AS AMENDED, 16-13-160, 16-13-170, 16-13-290, 16-15-140, 16-15-385, AS AMENDED, 16-17-410, 16-17-430, 16-17-600, AS AMENDED, 16-21-10, 16-21-40, 16-21-130, 16-21-140, 16-23-220, AS AMENDED, 16-23-230, AS AMENDED, 16-23-240, AS AMENDED, 16-23-260, AS AMENDED, 16-23-410, 16-23-420, 16-23-440, AS AMENDED, 16-23-480, 16-23-490, 16-23-520, 17-13-50, 17-15-90, 20-7-50, 20-7-60, 20-7-80, 23-31-340, AS AMENDED, 23-31-360, AS AMENDED, 24-1-270, 24-13-410, 24-13-420, 27-32-120, 34-13-90, 38-9-150, 38-13-170, 39-22-90, 39-23-80, 43-29-41, 43-30-100, AS AMENDED, 44-23-1150, 44-52-165, 44-53-40, 44-53-375, AS AMENDED, 44-53-390, 44-53-445, AS AMENDED, 44-55-1510, 46-41-30, 47-19-120, 55-1-30, 56-1-1100, 56-5-1030, 57-1-60, 58-13-740, 58-15-820, AND 58-17-4100, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM MISDEMEANORS TO FELONIES AND THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 12-54-40, AS AMENDED, 16-3-410, 16-9-10, 16-9-20, 16-11-140, 16-11-700, AS AMENDED, 16-11-920, AS AMENDED, 16-11-940, AS AMENDED, 16-14-40, 16-14-60, AS AMENDED, 16-14-70, 16-17-470, 20-7-2660, AS AMENDED, 47-3-760, AS AMENDED, 47-21-80, AND 48-43-550, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM FELONIES TO MISDEMEANORS, TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20 AND TO PROVIDE FOR PENALTIES; TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-10, 16-13-30, 16-13-40, 16-13-50, 16-13-70, 16-13-110, 16-13-180, AS AMENDED, 16-13-210, 16-13-230, 16-13-240, 16-13-260, 16-13-420, 16-13-425, 16-13-430, 16-21-80, 38-55-170, AS AMENDED, 46-1-20, 46-1-40, 46-1-60, 46-1-70, AND 49-1-50, AS AMENDED, RELATING TO VARIOUS CRIMES AND OFFENSES INVOLVING PROPERTY, SO AS TO CREATE A THREE TIER CLASSIFICATION BASED UPON THE VALUE OF THE PROPERTY INVOLVED THAT SPECIFIES WHETHER THE OFFENSE IS A MISDEMEANOR OR FELONY AND MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 2-17-140, 4-11-130, 4-17-70, 5-21-30, 5-21-40, 6-7-800, 6-7-1080, 6-7-1110, 7-25-10, 7-25-20, 7-25-60, 7-25-70, 7-25-100, 7-25-110, 7-25-120, 7-25-160, 7-25-170, 8-1-30, 8-9-10, 8-11-30, 8-13-320, AS AMENDED, 8-13-540, AS AMENDED, 9-1-1160, 10-11-360, 11-1-20, 11-1-40, 11-9-20, 12-2-70, 12-21-2540, 12-21-2714, 12-21-3070, 12-54-40, AS AMENDED, 16-3-50, 16-3-60, 16-3-70, 16-3-75, 16-5-40, 16-5-130, 16-7-170, 16-9-30, 16-9-410, 16-11-30, 16-11-190, 16-11-330, 16-11-380, 16-11-390, 16-11-560, 16-11-570, 16-13-150, 16-13-385, 16-14-80, 16-14-100, 16-15-50, 16-15-130, 16-15-250, 16-15-405, 16-15-425, 16-16-20, 16-17-510, 16-17-560, 16-17-700, 16-21-60, 16-23-50, AS AMENDED, 16-23-465, 16-23-470, 17-7-510, 17-15-150, 22-5-120, 22-9-140, 23-1-20, 23-17-110, 23-31-190, 23-35-130, 24-3-910, 25-1-150, 25-7-20, 25-7-50, 25-15-20, 27-29-150, 30-15-50, 34-19-110, 37-13-50, 38-7-140, 38-13-140, 38-25-330, 38-37-930, 38-37-1650, 38-43-190, 38-43-240, 38-47-60, 38-55-80, 38-55-150, 38-55-160, 38-59-50, 39-15-170, 39-15-470, 39-17-340, 40-5-320, 40-5-350, 40-5-360, 40-6-170, 40-11-300, 40-41-220, 40-43-140, AS AMENDED, 40-43-320, 41-15-50, 43-5-40, 43-33-40, 44-31-360, 44-53-370, AS AMENDED, 46-17-460, 46-19-270, 46-25-80, 48-27-230, 48-27-250, 48-49-60, 50-1-136, 50-13-350, 50-13-1460, 50-13-1470, 50-21-710, 54-1-40, 56-5-750, 56-5-2945, 56-29-30, 58-13-10, 59-25-250, 59-63-450, AND 61-13-810 RELATING TO CRIMES AND OFFENSES, SO AS TO CHANGE THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION ESTABLISHED FOR EACH OFFENSE; TO AMEND SECTION 12-7-1680, AS AMENDED, RELATING TO VIOLATION OF SECRECY OF INCOME INFORMATION, SO AS TO PROVIDE THAT THE OFFENSE IS A MISDEMEANOR; TO AMEND SECTION 16-3-615, RELATING TO SEXUAL BATTERY, SO AS TO CHANGE THE TERM OF IMPRISONMENT TO TEN YEARS; TO AMEND SECTION 16-3-1070, RELATING TO STALKING, SO AS TO PROVIDE THAT THE OFFENSE IS A MISDEMEANOR; TO AMEND SECTION 22-3-570, RELATING TO MAGISTRATES' JURISDICTION, SO AS TO PROVIDE THAT PETIT LARCENY AND ALL OTHER OFFENSES INVOLVING PERSONAL PROPERTY IN WHICH THE VALUE IS TWO HUNDRED DOLLARS OR LESS IS WITHIN THE MAGISTRATE'S JURISDICTION; TO AMEND SECTION 50-17-1190, RELATING TO PENALTIES FOR VIOLATIONS OF THE COASTAL FISHERIES LAWS, SO AS TO PROVIDE THAT THE OFFENSE IS A MISDEMEANOR; AND TO REPEAL SECTIONS 16-1-15 RELATING TO ALL DEGREES OF BURGLARY BEING A FELONY, 16-9-40 RELATING TO ADDITIONAL PERMISSIBLE PUNISHMENT FOR PERJURY, 16-13-20 RELATING TO PRIVILY STEALING FROM PERSON OR HOUSE AS GRAND LARCENY, 16-13-90 RELATING TO THEFT OF BEDDING AND OTHER FURNISHINGS FROM LODGING, 16-13-190 RELATING TO STEALING TIRES OR TUBES, 16-13-200 RELATING TO RECEIPT OF STOLEN TIRES AND TUBES, 16-15-30 RELATING TO ABDUCTING A MAID UNDER SIXTEEN YEARS OF AGE, 16-15-40 RELATING TO CONTRACTING MATRIMONY WITH AN ABDUCTED MAID UNDER THE AGE OF SIXTEEN, 24-5-40 RELATING TO SEPARATE LODGING FOR DEBTORS, 39-23-90 RELATING TO PENALTIES FOR VIOLATING SECTION 39-23-80, AND 54-9-80 RELATING TO IMPRESSING SEAMEN.

AMENDMENT NO. 2--ADOPTED

Debate was resumed on Amendment No. 2, which was proposed on Wednesday, February 10, by Rep. ROGERS.

The amendment was then adopted.

Reps. ROGERS and WILKINS proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\DKA\4247AL.93), which was adopted.

Amend the bill, as and if amended, Section 16-13-10(B)(2) and (3), SECTION 103, page 125, by striking the items and inserting:

/(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the amount of the forgery is less than one thousand dollars. If the forgery does not involve a dollar amount, the person is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years./

Amend further, Section 16-13-110(B), SECTION 108, page 130, by adding:

/(4)     felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than five years, or both, for a fourth and subsequent offenses./

Renumber items to conform.

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

Reps. RUDNICK, ALLISON, BAXLEY and HARRISON proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\DKA\4261AL.93), which was tabled.

Amend the bill, as and if amended, Section 16-1-10(D), SECTION 1, page 9, by inserting after line 36:

/16-3-1075(B)(3)     Carjacking (if sentenced for murder)/

Amend further, Section 16-1-90(C), SECTION 8, page 17, by inserting after line 6:

/16-3-1075(B)(2)     Carjacking (if serious bodily injury)/

Amend further, Section 16-1-90(E), SECTION 8, page 19, by inserting after line 10:

/16-3-1075(B)(1)     Carjacking/

Amend further SECTION 8 by adding on page 62 at the end a Section 16-3-1075 which reads:

/"Section 16-3-1075.     (A)     For purposes of this section:

(1)     'Serious bodily injury' means injury involving extreme physical pain or the impairment of a function of a bodily member, organ, or mental faculty; or requiring medical intervention such as surgery, hospitalization, or physical or mental rehabilitation; or a disfigurement that is likely to be permanent.

(2)     'Deadly weapon' means an instrument capable of inflicting death or serious bodily injury.

(B)     It is unlawful for a person while possessing a deadly weapon to take by force and violence or by intimidation, or attempts to do so, a motor vehicle from another while that person is operating the vehicle or while a person is in the vehicle. A person who violates the provisions of this section is guilty of carjacking, a felony, and, upon conviction, must be:

(1)     imprisoned not more than ten years; or

(2)     imprisoned not more than twenty years if serious bodily injury results; or

(3)     punished for murder, as provided in Section 16-3-20, if death results.

For purposes of Section 16-3-20, carjacking is considered a robbery while armed with a deadly weapon and is an aggravating circumstance contained in Section 16-3-20(C)(a)(1)(e)."/

Renumber sections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. HODGES spoke against the amendment and moved to table the amendment.

Rep. RUDNICK demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 51 to 42.

The question then recurred to the passage of the Bill, as amended, on second reading.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 101; Nays 0

Those who voted in the affirmative are:

Alexander, M.O.        Allison                Anderson
Askins                 Baker                  Baxley
Boan                   Breeland               Brown, H.
Brown, J.              Carnell                Cato
Chamblee               Clyborne               Cooper
Corning                Cromer                 Davenport
Delleney               Elliott                Fair
Farr                   Felder                 Fulmer
Gamble                 Gonzales               Govan
Graham                 Hallman                Harrell
Harrelson              Harris, J.             Harris, P.
Haskins                Hines                  Hodges
Holt                   Hutson                 Inabinett
Jaskwhich              Jennings               Keegan
Kelley                 Kennedy                Keyserling
Kinon                  Kirsh                  Klauber
Koon                   Lanford                Law
Littlejohn             Marchbanks             Mattos
McCraw                 McElveen               McKay
McLeod                 McMahand               McTeer
Meacham                Moody-Lawrence         Neal
Neilson                Phillips               Rhoad
Richardson             Riser                  Robinson
Rogers                 Rudnick                Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Spearman
Stille                 Stoddard               Stone
Stuart                 Sturkie                Thomas
Trotter                Tucker                 Vaughn
Waites                 Walker                 Wells
Whipper                White                  Wilder, D.
Wilder, J.             Wilkes                 Wilkins
Witherspoon            Wofford                Worley
Wright                 Young, A.

Total--101

Those who voted in the negative are:

Total--0

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

H. 3151--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WILKINS, with unanimous consent, it was ordered that H. 3151 be read the third time tomorrow.

RECORD FOR VOTING

I wish to be recorded as voting in favor of the passage of H. 3151.

Rep. DAVE C. WALDROP, JR.

RECURRENCE TO THE MORNING HOUR

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

INTRODUCTION OF BILLS

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

H. 3484 -- Rep. Clyborne: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT BUSINESS PERSONAL PROPERTY.

Referred to Committee on Ways and Means.

H. 3485 -- Rep. Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-591 SO AS TO ESTABLISH PROCEDURES WHEREBY THE ADJUSTMENT OF ANY CLAIM OR LOSS ARISING OUT OF A POLICY OF AUTOMOBILE LIABILITY INSURANCE WHICH HAS BEEN CEDED TO THE REINSURANCE FACILITY MUST BE ROTATED AMONG ADJUSTERS LICENSED TO DO BUSINESS IN THIS STATE.

Referred to Committee on Labor, Commerce and Industry.

H. 3486 -- Rep. Clyborne: A BILL TO AMEND SECTION 20-7-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITIONAL POWERS OF FAMILY COURT, SO AS TO PROVIDE THAT THE FAMILY COURT MAY COMMIT CERTAIN JUVENILES FOR AN INDETERMINATE PERIOD NOT TO EXCEED THEIR TWENTY-FIRST BIRTHDAYS, BUT MAY BE RELEASED AFTER COMMITMENT FOR A MINIMUM PERIOD.

Referred to Committee on Judiciary.

H. 3487 -- Rep. Clyborne: A JOINT RESOLUTION TO ENACT THE SOUTH CAROLINA FULL EMPLOYMENT ACT OF 1993 WHICH IS A THREE-YEAR PILOT TESTING PROGRAM IN SPECIFIED COUNTIES TO PROVIDE PARTICIPANTS IN GOVERNMENT ASSISTANCE PROGRAMS, INCLUDING WELFARE, CERTAIN OPTIONS TO ACQUIRE ADDITIONAL SKILL LEVELS AND GAINFUL REGULAR EMPLOYMENT, TO SUSPEND NORMAL PUBLIC AID ASSISTANCE TO RECIPIENTS PARTICIPATING IN THE PROGRAM IN THESE SPECIFIED COUNTIES IN LIEU OF THE GRANTING OF CERTAIN PUBLIC OR PRIVATE SECTOR JOBS, TO PROVIDE FOR THE MANNER IN WHICH THE FULL EMPLOYMENT PROGRAM MUST BE FUNDED INCLUDING AN ADJUSTMENT IN EMPLOYERS' REQUIRED UNEMPLOYMENT COMPENSATION CONTRIBUTIONS, AND TO PROVIDE FOR OTHER PROCEDURES NECESSARY TO IMPLEMENT THIS PROGRAM.

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

H. 3488 -- Reps. Hodges, Haskins and Fair: A BILL TO AMEND SECTION 12-21-2720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES FOR COIN-OPERATED DEVICES, SO AS TO PROVIDE THAT NO COUNTY OR MUNICIPALITY MAY LIMIT THE NUMBER OF MACHINES WITHIN THE JURISDICTION AND DELETE REFERENCES TO LOCAL LICENSE FEE LIMITS; TO AMEND SECTION 12-21-2746, RELATING TO THE LEVY OF AN ADDITIONAL LOCAL LICENSE TAX, SO AS TO AUTHORIZE COUNTIES AND MUNICIPALITIES TO LICENSE THE PREMISES ON WHICH CERTAIN TYPES OF COIN-OPERATED DEVICES MAY BE INSTALLED AND TO PROVIDE MAXIMUM FEES FOR SUCH LICENSES, TO PROVIDE THE PROCEDURES FOR PAYING THESE FEES, TO MAKE IT UNLAWFUL TO MAINTAIN THE DEVICES WITHOUT THE APPLICABLE LOCAL LICENSE, AND TO PROVIDE PENALTIES FOR VIOLATIONS, TO PROVIDE FOR PERIODS OF REVOCATION OF THE LICENSE IF A LICENSEE OR AGENT OF THE LICENSEE IS CONVICTED OF A GAMBLING OFFENSE; AND TO REPEAL SECTION 16-19-60, RELATING TO NONAPPLICATION OF VARIOUS GAMBLING OFFENSES TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE AND THE CLARIFICATION THAT THE SECTION DOES NOT AUTHORIZE MACHINES WHICH DISPENSE MONEY TO PLAYERS.

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

H. 3489 -- Reps. Jaskwhich, Vaughn, Gonzales, R. Young, Fair, Barber, Marchbanks, A. Young, Baker, D. Wilder, Clyborne, Phillips and Meacham: A BILL TO AMEND SECTION 59-39-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF UNIFORM HIGH SCHOOL DIPLOMAS AND THE UNITS REQUIRED FOR A DIPLOMA, SO AS TO PROVIDE THAT A STUDENT COMPLETING THE REQUIRED UNITS MUST BE ISSUED A STANDARD HIGH SCHOOL DIPLOMA AND TO DELETE A PROVISION WHICH SPECIFIES THAT ALL DIPLOMAS MUST BE UNIFORM IN RESPECT TO COLOR, SIZE, LETTERING, AND MARKING; TO AMEND THE 1976 CODE BY ADDING SECTION 59-39-101 SO AS TO PROVIDE THAT PUBLIC AND NONPUBLIC HIGH SCHOOL GRADUATES WHO MEET CERTAIN SPECIFIED CRITERIA ARE DESIGNATED AS SOUTH CAROLINA ACADEMIC SCHOLARS AND SHALL RECEIVE A DIPLOMA DESIGNATING THEM AS SUCH, TO PROVIDE FOR THE AUTOMATIC ADMISSION TO ANY STATE-SUPPORTED COLLEGE, UNIVERSITY, OR TECHNICAL SCHOOL OF SOUTH CAROLINA ACADEMIC SCHOLARS WHO MEET CERTAIN CRITERIA, AND TO PROVIDE THAT ACADEMIC SCHOLARS ATTENDING A STATE-SUPPORTED COLLEGE, UNIVERSITY, OR TECHNICAL SCHOOL ARE ENTITLED TO CERTAIN TUITION REDUCTIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 59-39-102 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH CRITERIA FOR THE ISSUANCE OF AN APPLIED ACADEMIC HONORS DIPLOMA WHICH IS A DIPLOMA SIGNIFYING CERTAIN ACCOMPLISHMENT BEYOND THAT REQUIRED FOR A STANDARD DIPLOMA AS CONTAINED IN SECTION 59-39-100.

Referred to Committee on Education and Public Works.

H. 3490 -- Reps. Neilson, Farr, G. Bailey, Hines, Corning, Shissias, Hutson, Wells, Jaskwhich, Harrelson, Vaughn, Anderson, Davenport, Chamblee, Allison, Littlejohn, Cato, Stone, Haskins, Fair, Walker, Robinson and Marchbanks: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO AUTHORIZE THE COURT TO REQUIRE A PARENT RECEIVING CHILD SUPPORT TO MAKE AN ACCOUNTING OF THE EXPENDITURES MADE FROM THE CHILD SUPPORT RECEIVED.

Referred to Committee on Judiciary.

H. 3491 -- Reps. Neilson, Quinn, Govan, Cobb-Hunter, G. Brown, Sturkie, Hutson, Holt, Harwell, Richardson, McLeod, Hines, Breeland, Canty, Shissias, Davenport, Fair, Trotter, Harrell, Chamblee, McMahand, Allison, Vaughn, Wright, Inabinett, Gonzales, Harrison, Corning, Lanford, Walker, Meacham, D. Wilder and Stone: A BILL TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICES AND EMPLOYEES BY ADDING CHAPTER 10 SO AS TO AUTHORIZE CERTAIN DRUG AND ALCOHOL TESTING OF PROSPECTIVE STATE EMPLOYEES.

Referred to Committee on Labor, Commerce and Industry.

H. 3492 -- Reps. Neilson, G. Bailey, Farr, Stone, R. Smith, Hines, Wilkins, Shissias, J. Wilder, Jaskwhich, Simrill, Harrelson, Wells, Vaughn, Walker, Davenport, Littlejohn, Haskins, Hutson, Moody-Lawrence, Fair, Allison, and Marchbanks: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA COURT ADMINISTRATION TO DEVELOP A GUIDELINES AND PROCEDURES MANUAL FOR COURT-APPOINTED GUARDIANS AD LITEM AND TO PROVIDE FOR ITS CONTENTS AND DISTRIBUTION.

Referred to Committee on Judiciary.

H. 3493 -- Reps. Neilson, Sturkie, Holt, Hines, G. Brown, Law, Hutson, McLeod, Shissias, Littlejohn, Walker, Beatty, Canty, Davenport, Gonzales, Chamblee, Vaughn, McMahand, Allison, Rudnick, Inabinett, Barber, Stone, Fair, M.O. Alexander, Stille and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-731 SO AS TO PROVIDE FOR THE REMOVAL OF PERSONS FROM THE YOUTHFUL DRIVER CLASSIFICATION UNDER CERTAIN CIRCUMSTANCES FOR THE PURPOSES OF AUTOMOBILE INSURANCE, AND PROVIDE FOR THEIR RECLASSIFICATION AND FOR THE REFUNDING OF EXCESS PREMIUMS.

Referred to Committee on Labor, Commerce and Industry.

H. 3425--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. J. BAILEY having the floor.

H. 3425 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-77-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISIONS PROHIBITING AN INCREASE IN AUTOMOBILE INSURANCE PREMIUMS AFTER CERTAIN FIRST OFFENSE VIOLATIONS, SO AS TO PROVIDE THAT A PERSON WHO IS ISSUED A CITATION FOR CARELESS OR NEGLIGENT DRIVING IN VIOLATION OF A COUNTY OR MUNICIPAL ORDINANCE AND WHO IS FOUND GUILTY OF THAT VIOLATION MAY NOT HAVE HIS PREMIUMS INCREASED AS A RESULT OF A FIRST OFFENSE.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, by Reps. J. BAILEY and T.C. ALEXANDER.

Rep. J. BAILEY continued speaking.

Rep. LANFORD moved that the House recede until 2:00 P.M., which was rejected.

The question then recurred to the adoption of the amendment, which was agreed to.

Reps. J. BAILEY and T.C. ALEXANDER proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BBM\10227JM.93), which was adopted.

Amend the bill, as and if amended, by striking Section 38-77-360(C), as contained in SECTION 1, and inserting:

/"(C)     A person who is issued a citation for careless or negligent driving, in violation of any municipal or county ordinance prohibiting the operation of a motor vehicle without due care and caution for the safety of persons and property, and who is found guilty of that violation may not have his automobile insurance premiums for an individual private passenger automobile as defined in Section 38-77-30(5.5) increased as a result of a first offense. A person may have his automobile insurance premiums increased as a result of a second or subsequent violations of the offense described in this subsection only for such violations occurring after June 30, 1993./"

Amend title to conform.

Rep. J. BAILEY explained the amendment.

The amendment was then adopted.

Reps. J. BAILEY and T.C. ALEXANDER proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\CYY\15149JM.93), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION __.     Section 38-77-360 of the 1976 Code, as added by Act 148 of 1989, is amended by adding the following appropriately-lettered subsection:

"( )     Notwithstanding any other provision of law, the maximum fine which may be imposed upon any person for a first offense violation of the offense of careless or negligent driving, in violation of any municipal or county ordinance prohibiting the operation of a motor vehicle without due care and caution for the safety of persons and property, is one hundred dollars."/

Renumber sections to conform.

Amend title to conform.

Rep. J. BAILEY explained the amendment.

Rep. GONZALES spoke against the amendment.

Rep. HARRELL spoke in favor of the amendment.

LEAVE OF ABSENCE

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

Reps. GONZALES and BAXLEY spoke against the amendment.

The question then recurred to the adoption of the amendment.

Rep. HARRELL demanded the yeas and nays, which were not ordered.

The amendment was then adopted by a division vote of 61 to 28.

RECORD FOR JOURNAL

Please record an abstention on Amendment No. 3 for me. I am currently awaiting an appearance in Traffic Court in Greenville which deals directly with the issue before the House in Amendment No. 3 on H. 3425.

Rep. MICHAEL L. FAIR

Reps. WALKER and T.C. ALEXANDER proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\BBM\10228JM.93), which was adopted.

Amend the bill, as and if amended, by adding an appropriately-numbered SECTION to read:

/SECTION     __.     Section 38-77-360 of the 1976 Code, as added by Act 148 of 1989, is amended by adding the following appropriately-lettered subsection:

"( )     A person who is guilty of a violation for a first offense for (1) failing to dim lights, (2) operating with improper lights, (3) operating with improper brakes, or (4) operating a vehicle in unsafe conditions may not have his automobile insurance premiums increased as a result of that violation. This subsection applies only to violations occurring after June 30, 1993."/
Renumber sections to conform.

Amend title to conform.

Rep. WALKER explained the amendment.

The amendment was then adopted.

Rep. WRIGHT moved to adjourn debate upon the Bill, which was rejected.

Rep. RUDNICK proposed the following Amendment No. 5, which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

Section __. Notwithstanding any other provision of law, whenever points under Section 56-1-720 of the 1976 Code of Laws are removed by the Department of Highways and Public Transportation from the motor vehicle operating record of a person who was assessed the points for one or more violations of the motor vehicle laws of this State, the department shall send written notice of the removal to the person's automobile insurer named in the department's records, and the insurer shall immediately eliminate all points imposed against the person by the insurer for insurance purposes for the same violation or violations or with respect to accidents or collisions giving rise to such violation or violations.

Renumber sections to conform.

Rep. RUDNICK explained the amendment.

Rep. T.C. ALEXANDER spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 52 to 31.

Rep. SIMRILL proposed the following Amendment No. 6, which was adopted.

To amend the bill so as to prohibit points from being assessed for driving without lights on while wipers are being used.

Rep. SIMRILL explained the amendment.

The amendment was then adopted.

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

H. 3425--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. J. BAILEY, with unanimous consent, it was ordered that H. 3425 be read the third time tomorrow.

Rep. ELLIOTT moved that the House do now adjourn.

POINT OF ORDER

Rep. MATTOS raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.

Rep. QUINN demanded the yeas and nays, which were taken resulting as follows:

Yeas 16; Nays 78

Those who voted in the affirmative are:

Askins                 Carnell                Delleney
Elliott                Felder                 Harris, J.
Harris, P.             Houck                  Inabinett
Kirsh                  Law                    Marchbanks
McKay                  Stille                 Trotter
Walker

Total--16

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Bailey, J.
Baker                  Baxley                 Beatty
Brown, H.              Brown, J.              Canty
Cato                   Chamblee               Clyborne
Cobb-Hunter            Cooper                 Corning
Cromer                 Davenport              Fair
Farr                   Fulmer                 Gamble
Gonzales               Govan                  Graham
Hallman                Harrell                Harrelson
Harrison               Haskins                Hines
Holt                   Hutson                 Keegan
Kelley                 Keyserling             Kinon
Klauber                Koon                   Littlejohn
Martin                 Mattos                 McCraw
McMahand               McTeer                 Meacham
Moody-Lawrence         Neal                   Neilson
Phillips               Quinn                  Richardson
Riser                  Robinson               Rudnick
Scott                  Sharpe                 Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Spearman               Stoddard
Stone                  Thomas                 Tucker
Vaughn                 Waites                 Waldrop
Wells                  Wilder, D.             Wilkes
Wilkins                Witherspoon            Wofford
Worley                 Wright                 Young, A.

Total--78

So, the House refused to adjourn.

ORDERED TO THIRD READING

The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:

H. 3431 -- Rep. Felder: A JOINT RESOLUTION TO PROVIDE THAT FOR THE YEAR 1993 IN GAME ZONE 3 THE SEASON FOR HUNTING QUAIL WITH WEAPONS IS EXTENDED THROUGH MARCH FIFTEENTH.

H. 3436 -- Reps. Mattos, J. Bailey, Boan, Tucker, Harrell, Rogers, McElveen, Holt, Sheheen, H. Brown, Waites, G. Bailey, Cobb-Hunter, A. Young, Hines, R. Smith, McKay, Harwell, G. Brown, Quinn, Wilkins, White, P. Harris, Phillips, Neilson, M.O. Alexander, Littlejohn, Carnell, Cooper, Byrd, Anderson, Wright, Neal, Huff, McMahand, Wells, Wofford, Harrison, Walker, Rhoad, Riser, Kinon, Shissias, Stuart, Sturkie, Robinson, Delleney, Farr, Breeland, McLeod, T.C. Alexander, Worley, Cato, J. Wilder, Baxley, Trotter, Kelley, Davenport, Chamblee, Vaughn, Clyborne, Graham, Stille, Spearman, McCraw, Beatty, Hutson, Witherspoon, Baker, Gonzales, D. Smith, Williams, Fair, Inabinett, Gamble, Whipper, Stone, Hodges, Houck, Allison, Kirsh, Klauber, Moody-Lawrence, Marchbanks, D. Wilder, Law, McTeer, Haskins, Richardson, Corning and Barber: A BILL TO AMEND SECTION 44-29-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNIZATIONS REQUIRED OF SCHOOL PUPILS SO AS TO INCLUDE CHILDREN ATTENDING PUBLIC OR PRIVATE CHILD DAY CARE FACILITIES.

H. 3437 -- Reps. Wright and Quinn: A BILL TO PROVIDE FOR THE ELECTION OF THE LEXINGTON COUNTY BOARD OF EDUCATION IN A NONPARTISAN ELECTION HELD AT THE TIME OF THE GENERAL ELECTION, TO REDUCE THE TERMS OF BOARD MEMBERS FROM FIVE YEARS TO FOUR, AND TO PROVIDE TRANSITION PROVISIONS RELATING TO THE TERMS OF CURRENT MEMBERS, AND TO PROVIDE FOR THE METHOD OF FILLING VACANCIES ON THE LEXINGTON COUNTY BOARD OF EDUCATION AND ON SCHOOL DISTRICT BOARDS OF TRUSTEES IN LEXINGTON COUNTY INCLUDING THE RICHLAND COUNTY PORTION OF SCHOOL DISTRICT 5.

S. 319 -- Senator Greg Smith: A BILL TO REPEAL A JOINT RESOLUTION OF 1992 BEARING ACT NUMBER 314, RELATING TO THE REQUIREMENT THAT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ALLOW THE INCLUSION OF RIVER GRAVEL IN PROJECTS APPROVED BY BID.

H. 3011 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-26-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUMAN RIGHTS COMMITTEES FOR MENTAL RETARDATION CLIENTS, SO AS TO DELETE THE DUTY OF THE COMMITTEES TO ADVISE ON PLANS FOR BEHAVIOR SUPPORT WHICH MAY RESTRICT PERSONAL FREEDOMS OR CLIENTS' RIGHTS AND SECTION 44-26-140, RELATING TO SUITABLE CARE AND HABILITATION FOR CLIENTS, SO AS TO PROVIDE THAT REQUIREMENTS FOR THE DEPARTMENT OF MENTAL RETARDATION TO DEVELOP SERVICES NECESSARY TO MEET CLIENTS' NEEDS ARE BASED ON AVAILABLE RESOURCES.

Rep. SHISSIAS explained the Bill.

H. 3013 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-15-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT AND APPOINTMENT OF MENTAL HEALTH BOARDS, SO AS TO INCLUDE PARENTS OF EMOTIONALLY DISTURBED CHILDREN AND ADOLESCENTS FOR CONSIDERATION AS CONSUMER AND FAMILY REPRESENTATIVES ON THE BOARDS.

Rep. SHISSIAS explained the Bill.

H. 3018 -- Reps. P. Harris, Waldrop, Neilson, Allison, Baxley, Cromer, Gamble, J. Harris, Harrison, Haskins, Inabinett, Jaskwhich, Littlejohn, Martin, Mattos, Phillips, Rhoad, Rudnick, Shissias, Stille, Vaughn, Walker, Waites, Wells, Whipper, J. Wilder, Wilkes, Marchbanks and Snow: A JOINT RESOLUTION TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON AGING TO FORM A BLUE RIBBON TASK FORCE TO STUDY THE PLANNING, COORDINATION, AND DELIVERY OF SERVICES TO ALZHEIMER'S VICTIMS AND THEIR FAMILIES, TO RECOMMEND AN ORGANIZATIONAL STRUCTURE TO HAVE PRIMARY RESPONSIBILITY FOR THESE FUNCTIONS, AND TO REPORT TO THE COMMITTEE.

Rep. SHISSIAS explained the Joint Resolution.

H. 3118 -- Reps. Cobb-Hunter, Waites, Williams, Govan, Whipper, McTeer, Inabinett, Breeland, Canty, Keyserling and J. Brown: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO OVERSEE THE IMPLEMENTATION OF THE RECOMMENDATIONS MADE BY THE TASK FORCE FOR SOLVING HOMELESSNESS; TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES; AND TO PROVIDE THAT THE MEMBERS SHALL SERVE WITHOUT COMPENSATION.

Rep. J. BROWN explained the Joint Resolution.

H. 3457 -- Reps. McAbee, Carnell, D. Wilder, Waldrop, Stoddard, Klauber and Stille: A BILL TO AMEND ACT 670 OF 1976, AS AMENDED, RELATING TO GLEAAMS HUMAN RESOURCES COMMISSION, SO AS TO REMOVE ANDERSON COUNTY FROM AND ADD NEWBERRY COUNTY TO THE COMMISSION; TO AMEND SECTIONS 43-41-10 AND 43-41-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION AND COMPOSITION OF THE COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO GLEAMNS AND TO REMOVE ANDERSON COUNTY FROM AND ADD NEWBERRY COUNTY TO THE COMMISSION; TO AMEND SECTIONS 43-41-30 AND 43-41-80, BOTH RELATING TO COMPOSITION OF THE COMMISSION AND ADDING MEMBERS BY PETITION, SO AS TO DELETE OUTDATED FEDERAL REFERENCES; AND TO REPEAL SECTION 43-41-50 RELATING TO THE PROCESS FOR APPOINTING MEMBERS TO THE COMMISSION.

H. 3431--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. FELDER, with unanimous consent, it was ordered that H. 3431 be read the third time tomorrow.

H. 3436--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. MATTOS, with unanimous consent, it was ordered that H. 3436 be read the third time tomorrow.

H. 3437--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WRIGHT, with unanimous consent, it was ordered that H. 3437 be read the third time tomorrow.

H. 3011--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SHISSIAS, with unanimous consent, it was ordered that H. 3011 be read the third time tomorrow.

H. 3013--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SHISSIAS, with unanimous consent, it was ordered that H. 3013 be read the third time tomorrow.

H. 3018--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SHISSIAS, with unanimous consent, it was ordered that H. 3018 be read the third time tomorrow.

H. 3118--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WALDROP, with unanimous consent, it was ordered that H. 3118 be read the third time tomorrow.

Rep. M.O. ALEXANDER moved that the House do now adjourn, which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3005 -- Rep. Waites: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, MARCH 24, 1993, AS "HOSPITAL DAY".

H. 3189 -- Reps. P. Harris, Felder, Sturkie, Byrd, Sharpe, Law, J. Brown, Neal, Carnell, McAbee, J. Bailey, Witherspoon, Klauber, Riser and McElveen: A CONCURRENT RESOLUTION TO RECOGNIZE THE SIGNIFICANCE AND MANY ACCOMPLISHMENTS OF THE SOUTH CAROLINA TUITION GRANTS PROGRAM, AND TO DECLARE THURSDAY, MARCH 25, 1993, AS "TUITION GRANTS DAY" IN SOUTH CAROLINA.

H. 3347 -- Rep. Allison: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE AT STATE HIGHWAY 290 AND INTERSTATE 85 IN DUNCAN, SOUTH CAROLINA FOR J. PETER GRACE.

H. 3348 -- Rep. Harrelson: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE AND NAME THE INTERCHANGE ON INTERSTATE I-95 AT THE INTERSECTION WITH ROAD S-15-34 IN COLLETON COUNTY AS THE "WALTON J. MCLEOD, JR., INTERCHANGE" AND TO INSTALL APPROPRIATE MARKERS AND SIGNS.

H. 3349 -- Reps. Harrelson, Richardson, White and Keyserling: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE AND NAME THE BATTERY CREEK BRIDGE IN BEAUFORT COUNTY AS THE "RUSSELL BELL BRIDGE" IN MEMORY OF BEAUFORT COUNTY DEPUTY SHERIFF RUSSELL BELL, WHO WAS SHOT AND KILLED IN THE LINE OF DUTY, AND FURTHER REQUESTING THE DEPARTMENT TO INSTALL APPROPRIATE MARKERS OR SIGNS.

H. 3415 -- Rep. Wright: A CONCURRENT RESOLUTION TO COMMEND THE INSTITUTE OF INTERNAL AUDITORS AND ITS FIFTY THOUSAND MEMBERS WORLDWIDE FOR ITS MANY CONTRIBUTIONS IN THE FIELDS OF BUSINESS, INDUSTRY, GOVERNMENT, AND EDUCATION, TO ALSO COMMEND THE PALMETTO CHAPTER OF THE INSTITUTE AND ITS DISTINGUISHED MEMBERS FOR THEIR PROFESSIONALISM AND ACCOMPLISHMENTS IN INTERNAL AUDITING, AND TO REQUEST THE GOVERNOR TO DECLARE THE MONTH OF FEBRUARY, 1993, AS "CERTIFIED INTERNAL AUDITOR MONTH" IN SOUTH CAROLINA.

H. 3439 -- Rep. Corning: A CONCURRENT RESOLUTION COMMENDING CHRISTOPHER POTOK OF RICHLAND COUNTY ON ATTAINING THE RANK OF EAGLE SCOUT.

ADJOURNMENT

At 11:50 A.M. the House in accordance with the motion of Rep. M.O. ALEXANDER adjourned to meet at 10:00 A.M. tomorrow.

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