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The Senate returned to the House with amendments the following:

H. 4750 -- Reps. Littlejohn, G. Bailey and Walker: A BILL TO AMEND TITLE 5, CHAPTER 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES AND FIRE PREVENTION, BY ADDING ARTICLE 11 SO AS TO PROVIDE FOR THE INSTALLATION AND USE OF SMOKE DETECTORS IN RENTAL DWELLINGS AND HOUSING AND PROVIDE FOR PENALTIES.

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

The Senate returned to the House with amendments the following:

H. 5053 -- Rep. M.O. Alexander: A BILL TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS AND PROVIDE THAT WHEN AN EMPLOYEE MAKES A CLAIM FOR BENEFITS PURSUANT TO TITLE 42 AND THE RECORDS OF THE WORKERS' COMPENSATION COMMISSION INDICATE THAT THE EMPLOYER IS OPERATING WITHOUT INSURANCE, THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND OR ANY PERSON DESIGNATED BY THE DIRECTOR MAY SUBPOENA THE EMPLOYER OR ITS AGENTS AND REQUIRE THE PRODUCTION OF ANY DOCUMENTS OR RECORDS WHICH THE FUND CONSIDERS RELEVANT TO ITS INVESTIGATION OF THE CLAIM.

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

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 5270 -- Reps. Meacham, Stoddard, Thomas, Houck, Gamble, Kirsh, Hodges, Chamblee, Neal, Stuart, R. Smith, Keegan, Cooper, Shissias, Wilkes, Lanford, J. Harris, Law, Robinson, Martin, Marchbanks, D. Wilder, Snow, Phillips, Huff, Clyborne, Moody-Lawrence, M.O. Alexander, Sturkie, Cato, Wilkins, Harrison, Hines, Fair, Baker, Vaughn, Riser, Quinn, A. Young, Govan, Simrill, Witherspoon, Jaskwhich, Waites, H. Brown, Hutson, Wofford, Farr, Stone, Stille, Sharpe, Neilson, Haskins, Trotter, Inabinett, Allison, Davenport, Harrelson, Kelley, Klauber and Walker: A HOUSE RESOLUTION TO REQUEST THE SUPREME COURT OF THE STATE OF SOUTH CAROLINA TO IMPLEMENT A NEW JUDICIAL STANDARDS COMMISSION PROCEDURE.

On motion of Rep. MEACHAM, with unanimous consent, the following House Resolution was taken up for immediate consideration.

H. 5270 -- Reps. Meacham, Stoddard, Thomas, Houck, Gamble, Kirsh, Hodges, Chamblee, Neal, Stuart, R. Smith, Keegan, Cooper, Shissias, Wilkes, Lanford, J. Harris, Law, Robinson, Martin, Marchbanks, D. Wilder, Snow, Phillips, Huff, Clyborne, Moody-Lawrence, M. O. Alexander, Sturkie, Cato, Wilkins, Harrison, Hines, Fair, Baker, Vaughn, Riser, Quinn, A. Young, Govan, Simrill, Witherspoon, Jaskwhich, Waites, H. Brown, Hutson, Wofford, Farr, Stone, Stille, Sharpe, Neilson, Haskins, Trotter, Inabinett, Allison, Davenport, Harrelson, Kelley, Klauber and Walker: A HOUSE RESOLUTION TO REQUEST THE SUPREME COURT OF THE STATE OF SOUTH CAROLINA TO IMPLEMENT A NEW JUDICIAL STANDARDS COMMISSION PROCEDURE.

Whereas, the members of the House of Representatives were distressed to learn of recent problems involving members of our Judiciary and handling thereof by the Judicial Standards Commission; and

Whereas, the House of Representatives feels the commission, its practices, and procedures are in need of reform; and

Whereas, recent events have reflected discredit upon our Judicial System in the eyes of the public; and

Whereas, the Supreme Court of the State of South Carolina is the governing authority of the State of South Carolina's Judicial System. Now, therefore,

Be it resolved by the House of Representatives:

That the House of Representatives of the State of South Carolina, by this resolution, requests the Supreme Court of South Carolina to implement a new Judicial Standards Commission procedure.

Be it further resolved that a copy of this resolution be forwarded to the Chief Justice of the South Carolina Supreme Court.

The Resolution was adopted.

The following was introduced:

H. 5284 -- Rep. Tucker: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE ANDERSON'S 1109 SOUTH MAIN RESTAURANT UPON RECEIVING THE DIRONA AWARD BY THE DISTINGUISHED RESTAURANTS OF NORTH AMERICA.

The Resolution was adopted.

The following was introduced:

H. 5285 -- Rep. Davenport: A HOUSE RESOLUTION TO RECOGNIZE THE ACADEMIC AND CIVIC ACCOMPLISHMENTS OF BOILING SPRINGS HIGH SCHOOL SENIOR, CHRISTINA FLYNN.

The Resolution was adopted.

The following was introduced:

H. 5286 -- Rep. Meacham: A CONCURRENT RESOLUTION COMMENDING AND THANKING CHIEF BOBBY KIMBRELL FOR HIS EXEMPLARY SERVICE TO LAW ENFORCEMENT AND AS

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

The following was introduced:

H. 5287 -- Reps. G. Brown, Hines and Harvin: A CONCURRENT RESOLUTION TO HONOR W. M. JEFFERSON UPON HIS RETIREMENT AS ASSISTANT SUPERINTENDENT FROM THE LEE COUNTY SCHOOL DISTRICT.

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

The following was introduced:

H. 5288 -- Reps. Shissias, J. Brown, Byrd, Corning, Cromer, Harrison, Neal, Quinn, Rogers, Scott and Waites: A CONCURRENT RESOLUTION COMMENDING DR. JOHN H. HUDGENS FOR HIS OUTSTANDING SERVICE AS SUPERINTENDENT OF RICHLAND SCHOOL DISTRICT TWO, AND WISHING HIM HAPPINESS AND SUCCESS IN HIS FUTURE ENDEAVORS.

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

The following was introduced:

H. 5289 -- Reps. Harrison, J. Brown, Byrd, Cromer, Neal, Quinn, Rogers, Scott, Shissias and Waites: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE ROLAND S. CORNING, OF RICHLAND COUNTY FOR HIS EXCELLENT PUBLIC SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES, AND EXPRESSING APPRECIATION FOR HIS FRIENDSHIP AND WISHING HIM THE BEST IN HIS NEW POSITION ON THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION.

Whereas, the Honorable Roland S. Corning, of Richland County has been a distinguished member of the General Assembly since his election to the House of Representatives in 1986; and

Whereas, his colleagues have admired his skill, his dedication, and his hard work and have appreciated his friendship; and

Whereas, he has chosen not to seek reelection to the House of Representatives in 1994; and

Whereas, he has been appointed to serve on the South Carolina Workers' Compensation Commission; and

Whereas, we want him to know that we will always consider him a good friend. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, commend the Honorable Roland S. Corning, of Richland County for his excellent public service as a member of the House of Representatives and express appreciation for his friendship and wish him the best in his new position on the South Carolina Workers' Compensation Commission.

Be it further resolved that a copy of this resolution be presented to Representative Roland Corning.

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

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 4, Rep. HARRISON having the floor.

S. 1062 -- Senators Hayes, Bryan, Courtney, Jackson, Lander, Patterson, Reese, Russell, Stilwell, Wilson, Courson, Gregory, Richter, Short, Ryberg, Rose, Peeler, J. Verne Smith, Giese, Mitchell, Ford, Mescher, Leventis, Macaulay and Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 TO TITLE 33 SO AS TO ENACT THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT" WHICH INCLUDES PROVISIONS REGULATING THE MANNER, CONDITIONS, AND PROCEDURES UNDER WHICH SOLICITATIONS OF CHARITABLE FUNDS MAY BE UNDERTAKEN IN THIS STATE, PROVISIONS ESTABLISHING CERTAIN REGISTRATION AND OTHER FEES, PROVISIONS ESTABLISHING CERTAIN CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS,

Debate was resumed on Amendment No. 4, by Rep. BAXLEY.

Rep. HARRISON moved to table the amendment, which was not agreed to by a division vote of 67 to 2.

Rep. BAXLEY proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\CYY\16340AC.94), which was adopted.

Amend the bill, as and if amended, by deleting Section 33-56-180 and inserting:

/Section 33-56-180. (A) Any person sustaining an injury or dying by reason of the tortious act of commission or omission of an employee of a charitable organization, when the employee is acting within the scope of his employment, may only recover in an action brought against the charitable organization for the actual damages he may sustain in an amount not exceeding two hundred fifty thousand dollars. An action against the charitable organization under this section constitutes a complete bar to any recovery by the claimant, by reason of the same subject matter, against the employee of the charitable organization whose act or omission gave rise to the claim unless it is alleged and proved in the action that the employee acted in a reckless, wilful, or grossly negligent manner, and the employee must be properly joined as a party defendant. No judgment against an employee of a charitable organization may be returned unless a specific finding is made that the employee acted in a reckless, wilful, or grossly negligent manner. If the charitable organization for which the employee was acting cannot be determined at the time the action is instituted, the plaintiff may name as a party defendant the employee, and the entity for which the employee was acting must be added or substituted as party defendant when it can be reasonably determined.

Amend further: Section 38-77-160 is amended as follows:

By inserting "or in excess of any damages cap or limitation imposed by statute." after the words "by an at-fault insured or underinsured motorist."

Renumber sections to conform.

Amend title to conform.

Rep. BAXLEY explained the amendment.

The amendment was then adopted.

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

The following Bill was taken up.

S. 1199 -- Senator Hayes: A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY AND NOTIFICATION TO HIS PARENTS AND APPROPRIATE AGENCIES, SO AS TO PROVIDE THAT WHEN A CHILD IS TAKEN INTO CUSTODY FOR AN OFFENSE WHICH WOULD BE A MISDEMEANOR OR FELONY IF COMMITTED BY AN ADULT, THE LAW ENFORCEMENT OFFICER ALSO SHALL NOTIFY THE PRINCIPAL OF THE SCHOOL IN WHICH THE CHILD IS ENROLLED, IF ANY, OF THE NATURE OF THE OFFENSE, AND TO PROVIDE THAT THE PRINCIPAL MAY USE THIS INFORMATION FOR MONITORING AND SUPERVISORY PURPOSES BUT OTHERWISE MUST KEEP THIS INFORMATION CONFIDENTIAL.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\16292AC.94), which was tabled.

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

/SECTION 1. This act may be cited as the "School Safety and Juvenile Justice Reform Act of 1994".

SECTION 2. Before January 1, 1995, the Department of Juvenile Justice shall develop a long-term plan to be phased in over the next five years beginning on July 1, 1995 which:

(1) Decentralizes the centralized Department of Juvenile Justice facilities in Columbia and reduce the number of secure beds utilized for nonviolent, nonrepeat offenders through the use of programs involving more intense supervision and treatment services at the community level. The department shall consider closing a significant number of its secure bed facilities in Columbia and opening smaller sized, regional secure facilities in at least four areas of the State: the Upstate, the Midlands, the Low Country, and the Pee Dee. Each regional secure facility also shall provide pre-adjudicatory detention facilities in agreement with county or regional plans.

(2) Explores the possibility of leasing some of its facilities, which would close with decentralization of the Columbia facilities, to the Department of Corrections and using the lease money to help fund the decentralized and reoriented Department of Juvenile Justice budget.

(3) Includes alternatives to incarceration for those juveniles under the supervision of the department but not adjudicated delinquent for the commission of violent offenses as defined in Section 16-1-60. The alternatives to incarceration shall maximize integrated, highly individualized home, school, and neighborhood based services and programs and shall include the purchase of diversified services on the community level. These services and programs shall include, but are not limited to, juvenile arbitration, mentor homes, halfway homes, wilderness experiences, diversion programs such as family group conferences, day treatment centers, after school reporting systems and supervision, electronic monitoring, community service work programs, teen court programs, restitution programs, and intensive supervision including electronic monitoring, counseling, home visits, school visits, group counseling, urinalysis, and phone calls all on an ongoing basis and staffed seven days a week, twenty-four hours a day.

(4) Includes a budget which reflects a shift from spending monies to support the large facilities in Columbia to spending monies to enhance and support the personnel and programs on a local level. The budget shall reflect innovative management practices and the use of objective criteria, such as a risk assessment grid, for placement decisions. The department shall explore the development and use of Medicaid reimbursable programs for the therapeutic treatment of its clients.

(6) Includes, in conjunction with the circuit solicitors and the family court, programs to be presented annually in every middle and high school in the State to educate the students on the consequences of committing delinquent and criminal acts.

SECTION 3. The 1976 Code is amended by adding:

"Section 20-7-753. (A) In a juvenile delinquency proceeding before the family court, the court may designate a state agency as the lead agency to provide a family assessment to the court. The assessment shall include, but is not limited to, the strengths and weaknesses of the family, problems interfering with the functioning of the family and with the best interests of the child, and recommendations for a comprehensive service plan to strengthen the family and assist in resolving these issues.

(B) The lead agency shall provide the family assessment to the court in a timely manner and the court shall conduct a hearing to review the proposed plan and adopt a plan as part of its order that will best meet the needs and best interest of the child. In arriving at a comprehensive plan, the court shall consider:

(1) additional testing or evaluation that may be needed;

(2) economic services including, but not limited to, employment services, job training, food stamps, and aid to families with dependent children;

(3) counseling services including, but not limited to, marital counseling, parenting skills, and alcohol and drug abuse counseling;

(4) and any other programs or services appropriate to the child's and family's needs.

(C) The lead agency is responsible for monitoring compliance with the court ordered plan and shall report to the court at such times as the court requires."

SECTION 4. Section 20-7-420 of the 1976 Code is amended by adding an appropriately numbered item to read:

"( ) to require the parent of a child brought before the court for adjudication of a delinquency matter and agencies providing services to the family to cooperate and participate in a plan adopted by the court to meet the needs and best interests of the child and to hold a parent or agency in contempt for failing to cooperate and participate in the plan adopted by the court."

SECTION 5. Section 20-7-3230(5) of the 1976 Code is amended by adding at the end:

SECTION 6. Section 16-23-430(2) of the 1976 Code, as last amended by Section 48, Act 184 of 1993, is further amended to read:

"(2) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than one three thousand dollars or imprisoned not more than five years, or both. Any A weapon or object used in violation of this section may must be confiscated by the law enforcement division making the arrest."

SECTION 7. Section 20-7-390 of the 1976 Code is amended to read:
"Section 20-7-390. When used in this article, unless the context otherwise requires, `child' means a person less than seventeen years of age, where the child is dealt with as a juvenile delinquent. `Child' does not mean a person sixteen years of age or older who is charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more. However, a person sixteen years of age or older who is charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more may be remanded to the family court for disposition of the charge at the discretion of the solicitor. Where the child is dealt with as a dependent or neglected child the term `child' shall mean means a person under eighteen years of age."

SECTION 8. Section 20-7-430 of the 1976 Code, as last amended by Act 579 of 1990, is further amended to read:

"Section 20-7-430. Jurisdiction over a case involving a juvenile may child must be transferred in the following instances or retained as follows:

(1) If, during the pendency of a criminal or quasi-criminal charge against any minor a child in a circuit court of this State, it shall be is ascertained that the minor child was under the age of seventeen years at

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