South Carolina General Assembly
111th Session, 1995-1996
Journal of the House of Representatives

THURSDAY, APRIL 20, 1995

Thursday, April 20, 1995
(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:

Almighty God, our constant Companion and never failing Counselor, may we confidently and continually avail ourselves of Your divine wisdom which does not err, of your strength that does not falter. Forbid that we should be cowardly when we should be courageous, confused when we ought to be calm, fickle when we ought to be faithful. Make us strong in the Lord and in the power of His might, as we see You as our God forever and ever Who will guide us all the days of ours lives. Enrich our joy in the realization of Your presence and in our faithful service to God and to mankind.

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.

MOTION ADOPTED

Rep. ROBINSON moved that when the House adjourns, it adjourn in memory of The Honorable B.L. Hendricks, former House member from Pickens County, which was agreed to.

REPORTS OF STANDING COMMITTEES

Rep. HUFF, from the Committee on Rules, submitted a favorable report, with amendments, on:

H. 3715 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO ADOPT THE JOINT RULES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES FOR THE 1995 AND 1996 SESSIONS OF THE GENERAL ASSEMBLY.

Ordered for consideration tomorrow.

Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:

S. 533 -- Finance Committee: 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 ALLOW A GOVERNING BODY OF A MUNICIPALITY BY ORDINANCE TO EXEMPT FROM MUNICIPAL AD VALOREM TAX FOR NOT MORE THAN FIVE YEARS PROPERTY LOCATED IN THE MUNICIPALITY RECEIVING THE FIVE-YEAR EXEMPTION FROM COUNTY AD VALOREM TAXES AS NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION FACILITIES, RESEARCH AND DEVELOPMENT FACILITIES, AND ADDITIONS TO SUCH FACILITIES, AND TO PROVIDE THAT THIS EXEMPTION FIRST IS ALLOWED WHEN THE STATE CONSTITUTION IS AMENDED SO AS TO AUTHORIZE THE EXEMPTION.

Ordered for consideration tomorrow.

Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:

S. 534 -- Finance Committee: A BILL TO RATIFY AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO PERMIT A MUNICIPAL GOVERNING BODY TO EXEMPT FROM MUNICIPAL AD VALOREM TAXES FOR NOT MORE THAN FIVE YEARS ALL NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION FACILITIES, AND ADDITIONS TO SUCH FACILITIES LOCATED IN THE MUNICIPALITY, AND TO AUTHORIZE A SIMILAR EXEMPTION FOR ALL NEW ENTERPRISES ENGAGED IN RESEARCH AND DEVELOPMENT ACTIVITIES AND ADDITIONS TO SUCH ENTERPRISES LOCATED IN THE MUNICIPALITY AND TO PROVIDE THAT THESE EXEMPTIONS ARE SUBJECT TO THOSE TERMS AND CONDITIONS THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.

Ordered for consideration tomorrow.

Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:

S. 548 -- Senators Waldrep, Courtney, Wilson, Martin, O'Dell, Moore, Courson, Hayes and Stilwell: A BILL TO AMEND SECTION 12-7-1260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFYING EXPENDITURES FOR THE CHILD CARE CREDIT, SO AS TO INCLUDE DONATIONS TO NONPROFIT CORPORATIONS FOR PURPOSES OF ESTABLISHING A CHILD CARE PROGRAM.

Ordered for consideration tomorrow.

Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:

S. 645 -- Senators Drummond and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 9-1-1970, 9-8-240, 9-9-240, AND 9-11-350 SO AS TO CONFORM THE COMPENSATION OF MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, GENERAL ASSEMBLY RETIREMENT SYSTEM, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM TAKEN INTO ACCOUNT FOR PURPOSES OF CALCULATING BENEFITS TO THE PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 AND TO PROVIDE EXCEPTIONS.

Ordered for consideration tomorrow.

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

H. 3300 -- Reps. Limehouse, Fleming, Allison, G. Brown, J. Brown, Cain, Chamblee, Cotty, Davenport, Delleney, Easterday, Fair, Felder, Fulmer, Hallman, Harrell, Harrison, Haskins, Herdklotz, Hodges, Huff, Hutson, Kinon, Knotts, Koon, Lanford, Limbaugh, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McCraw, McElveen, McKay, McTeer, Phillips, Rice, Robinson, Sandifer, Sharpe, Shissias, D. Smith, Stoddard, Tripp, Trotter, Vaughn, Wells, Whatley, Wilder, Wright, A. Young, Cobb-Hunter, Baxley, Kelley, Keyserling, Govan, Inabinett, H. Brown, Witherspoon, Simrill, Keegan, Townsend, Kennedy, Jaskwhich, Stuart, L. Whipper, Stille, Byrd, Meacham, Law, Riser, Dantzler, Richardson, J. Young, Seithel and Bailey: A BILL TO AMEND SECTIONS 23-3-400, 23-3-420, AND 23-3-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE FOR PUBLIC NOTIFICATION WHEN A SEX OFFENDER RESIDES OR INTENDS TO RESIDE IN A COMMUNITY, AND REQUIRE THE SHERIFF OF THE COUNTY WHERE THE OFFENDER INTENDS TO RESIDE OR IS RESIDING TO RELEASE THIS INFORMATION TO THE PUBLIC; AND TO REPEAL SECTION 23-3-490 RELATING TO THE CONFIDENTIALITY OF INFORMATION CONTAINED IN THE SEX OFFENDER REGISTRY.

Ordered for consideration tomorrow.

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

H. 3380 -- Reps. Lanford, Wilkins, Hallman, Koon, Mason, Sandifer, Simrill, Wright, Cain, Allison, Wells, Walker, A. Young, McCraw, Hines, Cato, Inabinett, Breeland, Herdklotz, S. Whipper, Davenport and Beatty: A BILL TO AMEND SECTION 20-7-2205, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST COMMITTING A STATUS OFFENDER TO THE CUSTODY OF A CORRECTIONAL INSTITUTION OR SECURE EVALUATION CENTER OPERATED BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT SUCH COMMITMENT MAY BE MADE TO A SECURE EVALUATION CENTER FOR AN INDETERMINATE PERIOD NOT TO EXCEED FORTY-FIVE DAYS.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, Rep. KNOTTS, for the minority, submitted an unfavorable report, on:

H. 3765 -- Reps. Meacham, Elliott, Herdklotz, Allison, Mason, Simrill, Wells, Moody-Lawrence, Littlejohn, Easterday, A. Young, Tripp, Rice, Fleming, Cato, Koon, Gamble and Riser: A BILL TO AMEND SECTION 16-25-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARRESTS IN DOMESTIC VIOLENCE CASES, SO AS TO REQUIRE THAT A PERSON WHO COMMITS OR THREATENS TO COMMIT AN ACT OF DOMESTIC VIOLENCE UPON A FAMILY OR HOUSEHOLD MEMBER MUST BE ARRESTED.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4133 -- Rep. Wilder: A CONCURRENT RESOLUTION CONGRATULATING AL ROEBUCK, VARSITY BASEBALL COACH AT CLINTON HIGH SCHOOL, ON BEING SELECTED "SOUTH CAROLINA HIGH SCHOOL BASEBALL COACH OF THE YEAR" IN 1994.

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

CONCURRENT RESOLUTION

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

S. 712 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO INVITE THE SOUTH CAROLINA YOUNG MEN'S CHRISTIAN ASSOCIATION'S MIDDLE SCHOOL MODEL LEGISLATURE PROGRAM TO OBSERVE THE HOUSE AND SENATE IN SESSION ON THURSDAY, MAY 4, 1995, AND TO AUTHORIZE THE SOUTH CAROLINA YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER AND THE CHAMBER OF THE HOUSE OF REPRESENTATIVES ON FRIDAY, MAY 5, 1995, TO CONDUCT A MIDDLE SCHOOL MODEL LEGISLATURE PROGRAM.

Whereas, the purpose of the Young Men's Christian Association's Middle School Model Legislature program is to encourage our youth to develop enthusiasm and appreciation for government and community affairs; and

Whereas, students taking part in the program will run for statewide office, pass legislation, and organize their own government; and

Whereas, through these activities, the program will promote a life-long interest in government and encourage good citizenship; and

Whereas, the Middle School Model Legislature program is an extension of the highly successful and award-winning South Carolina Youth in Government program. Now, therefore,

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

That the Members of the General Assembly invite the South Carolina Young Men's Christian Association to observe the General Assembly in session on Thursday, May 4, 1995, as a part of its Middle School Model Legislature program.

Be it further resolved that the members of the General Assembly authorize the South Carolina Young Men's Christian Association to use the Senate Chamber and the Chamber of the House of Representatives on Friday, May 5, 1995, to conduct its Middle School Model Legislature program. If either House is in statewide session, the chamber of that House may not be used.

Be it further resolved that the offices of the Sergeants at Arms of the Senate and of the House of Representatives shall provide assistance and access as necessary for this meeting in accordance with applicable procedures, Rules of the Senate, and Rules of the House of Representatives.

Be it further resolved that a copy of this resolution be forwarded to Ms. Mary Capers Bledsoe, Executive Director, YMCA Youth in Government, and the Honorable James R. Melton and the Honorable Mitchell G. Dorman, Sergeants at Arms of the Senate and of the House of Representatives, respectively.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 713 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER, THE CHAMBER OF THE HOUSE OF REPRESENTATIVES, AND THE COMMITTEE HEARING ROOMS IN THE BLATT AND GRESSETTE BUILDINGS ON THURSDAY, NOVEMBER 30, 1995, AND FRIDAY, DECEMBER 1, 1995, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 768 -- Senator Setzler: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. MARGARET L. SPIRES OF CAYCE WHO DIED APRIL 11, 1995.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 769 -- Senators Saleeby and Alexander: A CONCURRENT RESOLUTION COMMENDING AND THANKING JOHN G. RICHARDS FOR HIS DEDICATED AND EXEMPLARY PUBLIC SERVICE AS SOUTH CAROLINA'S CHIEF INSURANCE COMMISSIONER, AND WISHING HIM HAPPINESS AND SUCCESS IN HIS FUTURE ENDEAVORS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The following was introduced:

H. 4134 -- Rep. Tucker: A CONCURRENT RESOLUTION RECOGNIZING THE GROUNDBREAKING CEREMONIES OF SEKIDO TECHNOLOGIES, INC., IN ANDERSON COUNTY ON APRIL 26, 1995, AND EXPRESSING APPRECIATION FOR THE COOPERATIVE EFFORT THAT MADE THIS INVESTMENT A REALITY.

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

INTRODUCTION OF BILLS

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

H. 4135 -- Rep. J. Brown: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 76 SO AS TO PROVIDE FOR THE LICENSED DIETICIAN AND NUTRITIONIST ACT, INCLUDING PROVISIONS FOR DEFINITIONS, PROVIDING FOR THE ADVISORY BOARD OF DIETETICS AND NUTRITION, ESTABLISHING THE DUTIES OF THE BOARD, PROVIDING FOR THE PRACTICE OF DIETETICS AND NUTRITION AND THE USE OF THE TITLE LICENSURE AND EXAMINATION REQUIREMENTS, PROVIDING FOR THE CIRCUMSTANCES UNDER WHICH A PERSON MAY PRACTICE WITHOUT EXAMINATION; AND ESTABLISHING THE PUNISHMENT AND PENALTIES FOR VIOLATIONS.

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

H. 4136 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-250 SO AS TO PROVIDE THAT A PERSON WHO COLLECTS AND SUBMITS AN ANONYMOUS SAMPLE OF THE PERSON'S OWN BODY FLUID OR TISSUE FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV) TESTING IS NOT REQUIRED TO REPORT A POSITIVE TEST RESULT AND THAT THE RESULTS ARE CONFIDENTIAL; AND TO FURTHER PROVIDE THAT A POSITIVE RESULT MUST BE REPORTED BY THE LABORATORY TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITHOUT IDENTIFYING INFORMATION INCLUDED IN THE REPORT.

Without reference.

H. 4137 -- Reps. Spearman, McAbee and Clyburn: A BILL TO CREATE THE REGISTRATION AND ELECTIONS COMMISSION FOR SALUDA COUNTY AND TO ABOLISH THE SALUDA COUNTY ELECTION COMMISSION AND THE BOARD OF REGISTRATION OF SALUDA COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.

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

H. 4138 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-145 SO AS TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT WHEN A FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.

Without reference.

H. 4139 -- Ways and Means Committee: A BILL TO AMEND SECTION 2-7-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL GENERAL APPROPRIATIONS ACT, SO AS TO PROVIDE THAT BEGINNING WITH ITS 1996 SESSION THE GENERAL ASSEMBLY INCLUDING ITS APPROPRIATE COMMITTEES AND THE GOVERNOR USE A "ZERO-BASE" BUDGET PROCESS IN THE PREPARATION OF THE ANNUAL STATE GENERAL APPROPRIATIONS ACT.

Without reference.

S. 64 -- Senators McConnell, Rose, Wilson and Gregory: A BILL TO AMEND SECTION 24-21-680, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PRISONER'S VIOLATION OF PAROLE, SO AS TO PROVIDE FOR THE FORFEITURE OF EARNED CREDITS UPON A VIOLATION.

Referred to Committee on Judiciary.

ROLL CALL

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

Allison                Anderson               Askins
Baxley                 Beatty                 Boan
Breeland               Brown, G.              Brown, H.
Brown, J.              Brown, T.              Byrd
Cain                   Carnell                Cato
Cave                   Chamblee               Clyburn
Cobb-Hunter            Cooper                 Cotty
Cromer                 Dantzler               Delleney
Easterday              Elliott                Fair
Fleming                Fulmer                 Gamble
Govan                  Hallman                Harrell
Harris, J.             Harrison               Haskins
Herdklotz              Hines                  Hodges
Howard                 Huff                   Hutson
Inabinett              Jennings               Keegan
Kelley                 Kinon                  Kirsh
Klauber                Knotts                 Koon
Lanford                Law                    Limbaugh
Limehouse              Marchbanks             Martin
Mason                  McAbee                 McCraw
McKay                  McMahand               McTeer
Meacham                Moody-Lawrence         Neal
Neilson                Phillips               Rhoad
Rice                   Richardson             Riser
Robinson               Rogers                 Sandifer
Scott                  Seithel                Sharpe
Sheheen                Simrill                Smith, D.
Smith, R.              Spearman               Stille
Stoddard               Stuart                 Thomas
Townsend               Trotter                Tucker
Vaughn                 Waldrop                Walker
Wells                  Whipper, L.            Whipper, S.
White                  Wilder                 Wilkins
Williams               Witherspoon            Worley
Wright                 Young, A.              Young, J.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, April 20.

Lanny F. Littlejohn               Ralph W. Canty
Michael F. Jaskwhich              Richard M. Quinn, Jr.
Sandra S. Wofford                 Patrick B. Harris
G. Ralph Davenport, Jr.           George H. Bailey
William D. Keyserling             Timothy C. Wilkes
Michael S. Whatley                Kenneth Kennedy
B. Hicks Harwell                  Walter P. Lloyd
C. Alex Harvin, III               June S. Shissias
Total Present--121

LEAVES OF ABSENCE

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

The SPEAKER granted Rep. FELDER a leave of absence due to the death of his mother.

SILENT PRAYER

On motion of Rep. PHILLIPS, the House stood in silent prayer for the victims of the terrorist attack at the Alfred Murrah Federal Building in Oklahoma City and the continued well being of those persons still missing.

SPECIAL PRESENTATION

Rep. KLAUBER and the Greenwood County Delegation presented to the House the Greenwood High School "Lady Eagles" Varsity Basketball Team, winners of the 1995 Class AAAA State Championship, their coaches and other school officials.

DOCTOR OF THE DAY

Announcement was made that Dr. Robert Grube of Clinton is the Doctor of the Day for the General Assembly.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 18, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 22, S. 294 by a vote of 43 to 0.
(R22) S. 294 -- Senator Land: AN ACT TO AMEND SECTION 48-11-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERSHED CONSERVATION DISTRICTS, SO AS TO DELETE THE PROVISION FOR BACK SWAMP WATERSHED CONSERVATION DISTRICT IN LEE COUNTY WHICH NEVER HAS IMPLEMENTED A PROJECT OR WORK OF IMPROVEMENT; TO DISSOLVE THE DISTRICT; AND TO REPEAL ACT 602 OF 1961 RELATING TO THE AUTHORIZATION TO CREATE THE DISTRICT.
Very respectfully,
President

R. 22; S. 294--GOVERNOR'S VETO OVERRIDDEN
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

April 14, 1995
The Honorable Robert L. Peeler
President of the Senate
Post Office Box 142
Columbia, S.C. 29202

Dear Mr. President and Members of the Senate:

I am hereby returning without my approval S. 294, R. 22, an Act:
TO AMEND SECTION 48-11-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERSHED CONSERVATION DISTRICTS, SO AS TO DELETE THE PROVISION FOR BACK SWAMP WATERSHED CONSERVATION DISTRICT IN LEE COUNTY WHICH NEVER HAS IMPLEMENTED A PROJECT OR WORK OF IMPROVEMENT; TO DISSOLVE THE DISTRICT; AND TO REPEAL ACT 602 OF 1961 RELATING TO THE AUTHORIZATION TO CREATE THE DISTRICT.

This veto is based upon my belief that S. 294, R. 22 of 1995 is unconstitutional. It is clearly an act for a specific county. Article VIII, Section 7 states that "[n]o laws for a specific county shall be enacted."

For the above reason, I am returning S. 294, R. 22, without my signature.

Sincerely,
David M. Beasley

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 2; Nays 0

Those who voted in the affirmative are:

Baxley                 Brown, G.

Total--2

Those who voted in the negative are:

Total--0

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate.

H. 4089 -- Reps. Stille, Townsend, Carnell and McAbee: A BILL TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE CREATION OF THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO INCREASE THE MEMBERS OF THE COMMISSION FROM SEVEN TO ELEVEN.

H. 3808 -- Reps. Law, Wofford, Kirsh, Dantzler and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-735 SO AS TO PROVIDE FOR PAYMENT OF THE LICENSE TAX ON CIGARETTES AND TOBACCO PRODUCTS BY THE REPORTING METHOD RATHER THAN BY TAX STAMPS; AND TO REPEAL SECTIONS 12-21-720, 12-21-730, AND 12-21-820, RELATING TO CIGARETTE LICENSE TAX STAMPS.

H. 3101 -- Reps. Shissias, Cromer, Wells, Kelley, Spearman, Richardson, Gamble, Lloyd and Phillips: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO PROVIDE THAT CHILD SUPPORT MUST BE ORDERED WHEN A CHILD IS PAST AGE EIGHTEEN BUT BEFORE AGE NINETEEN WHEN THE CHILD IS IN HIGH SCHOOL AND MAKING PROGRESS TOWARD COMPLETING HIGH SCHOOL AND TO PROVIDE EXCEPTIONS.

H. 3824 -- Reps. Baxley, Keyserling, Martin, Thomas, Harrison, Shissias, Stuart, Moody-Lawrence, T. Brown, Wright, Riser, Harvin and McTeer: A BILL TO AMEND SECTION 56-3-4510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR THE NONGAME WILDLIFE AND NATURAL AREAS FUND, SO AS TO REVISE THE ANNUAL FEE FOR THE PLATES.

H. 3463 -- Reps. Harrison, Shissias, Neal, Klauber, Cromer, Sheheen, Stuart and Quinn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2386 SO AS TO PROHIBIT A PERSON FROM SERVING ON A LOCAL FOSTER CARE REVIEW BOARD IF THE PERSON IS THE SUBJECT OF A REPORT OF CHILD ABUSE OR NEGLECT OR HAS BEEN CONVICTED OF CERTAIN CRIMINAL OFFENSES; TO REQUIRE THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN TO OBTAIN RECORD CHECKS FROM THE DEPARTMENT OF SOCIAL SERVICES AND SLED, TO CERTIFY ELIGIBILITY TO SERVE ON LOCAL BOARDS, AND TO EXEMPT THE DIVISION FROM FEES FOR DEPARTMENT OF SOCIAL SERVICES RECORD CHECKS; AND TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF CHILD ABUSE AND NEGLECT RECORDS OF THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO AUTHORIZE THE DIVISION FOR THE REVIEW OF FOSTER CARE OF CHILDREN ACCESS TO INFORMATION TO CERTIFY THAT NOMINEES TO AND MEMBERS OF LOCAL FOSTER CARE REVIEW BOARDS ARE ELIGIBLE TO SERVE.

H. 3978 -- Reps. Tucker, McAbee, Stoddard, Haskins and Robinson: A BILL TO AMEND SECTION 57-1-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT COMMISSIONERS SHALL CONTINUE TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.

H. 3984 -- Reps. Cotty, Sheheen, Baxley, Boan and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 TO CHAPTER 25, TITLE 50, SO AS TO PROVIDE RESTRICTIONS FOR MOTORBOATS ON LAKE WATEREE.

H. 3704 -- Reps. Knotts, Whatley, Limehouse, Askins, Delleney, H. Brown, G. Brown, Fleming, Easterday, Cotty, Haskins, Hallman, Cromer, Cobb-Hunter, Herdklotz, Rogers, Neilson, Inabinett, Allison, Wright, Thomas, Moody-Lawrence, Howard, Tripp, Harrison, Stille, Martin, Huff, Stoddard, Koon, Wilkins, Keyserling, Riser, Wells, Gamble, McCraw, Kirsh, Dantzler, Sandifer, Wilkes, Seithel, Shissias, Jennings, Boan, Sheheen, D. Smith, Littlejohn, McTeer, Harvin, Vaughn, Cato, Spearman, Kinon, Hutson, Mason, Baxley, Quinn, Lloyd, Davenport, J. Harris, T. Brown, Lanford, Harwell, Harrell, Cain, Wilder, Byrd, Beatty and J. Young: A BILL TO AMEND SECTIONS 47-3-610, 47-3-620, AND 47-3-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING THE TEASING, MALTREATING, AND INJURING OF POLICE DOGS AND PENALTIES ASSOCIATED WITH THESE ACTIVITIES, SO AS TO EXTEND THESE PROHIBITIONS TO POLICE HORSES AND TO INCREASE THE PENALTIES.

ORDERED ENROLLED FOR RATIFICATION

The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.

S. 732 -- Senator Drummond: A BILL TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMISSION FROM SEVEN TO ELEVEN MEMBERS.

S. 564 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 36 TO TITLE 48 SO AS TO PROVIDE FOR THE FOREST BEST MANAGEMENT PRACTICES ACT BY DEFINING TERMS AND SETTING FORTH REQUIREMENTS FOR THE COMMISSION OF FORESTRY.

H. 3745--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Tuesday, April 25, which was adopted.

H. 3745 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-330 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT CREATED FOR HISTORICAL PRESERVATION TO CONVEY PROPERTY.

H. 3628--OBJECTIONS

The following Joint Resolution was taken up.

H. 3628 -- Reps. Thomas, Moody-Lawrence, Cobb-Hunter, Richardson, T. Brown, Knotts, Keegan, Wright, J. Harris, Gamble, J. Young, P. Harris, Baxley, Townsend, Dantzler, Witherspoon, Stille, Law, Scott, Riser and Cotty: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO EXAMINE STATE LAW RELATING TO THE REQUIREMENTS FOR THE TRANSPORTATION, POSSESSION, AND CONSUMPTION OF ALCOHOLIC LIQUORS IN MINIBOTTLES AND TO EXAMINE AMENDMENTS TO STATE LAW PERTAINING TO ALCOHOLIC LIQUOR BY THE DRINK.

Reps. THOMAS, KELLEY, MARTIN, WITHERSPOON, KEEGAN and J. YOUNG objected to the Joint Resolution.

H. 3632--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3632 -- Reps. Jennings, Harwell, Knotts, Klauber and Shissias: A BILL TO CONFORM CERTAIN PROVISIONS OF LAW TO THE NEW SOUTH CAROLINA RULES OF EVIDENCE WHICH TAKE EFFECT SEPTEMBER 3, 1995, BY AMENDING SECTION 15-75-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPUTATION TO A FEMALE OF A WANT OF CHASTITY SO AS TO DELETE REFERENCES TO THE RULES OF EVIDENCE AT COMMON LAW; BY AMENDING SECTION 19-11-30, AS AMENDED, RELATING TO THE COMPETENCY OF SPOUSES AS WITNESSES IN LEGAL PROCEEDINGS, SO AS TO PROVIDE THAT SPOUSES ARE COMPETENT TO BE WITNESSES BECAUSE UNDER THE NEW RULES OF EVIDENCE EVERY PERSON IS DEEMED COMPETENT TO BE A WITNESS UNLESS OTHERWISE SPECIFIED; BY AMENDING SECTION 19-11-50, RELATING TO THE TESTIMONY OF A DEFENDANT IN CRIMINAL CASES, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CRIMINAL DEFENDANTS MAY TESTIFY; BY AMENDING SECTION 19-21-50, RELATING TO PROOF OF LOST PAPERS SO AS TO DELETE REFERENCES TO THE PROOF OF LOST PAPERS ACCORDING TO THE RULES OF EVIDENCE EXISTING AT COMMON LAW; BY AMENDING SECTION 24-21-990, AS AMENDED, RELATING TO THE RESTORATION OF A PERSON'S CIVIL RIGHTS UPON A PARDON, SO AS TO FURTHER PROVIDE FOR HIS RIGHT TO TESTIFY WITHOUT HAVING HIS CONVICTION INTRODUCED FOR IMPEACHMENT PURPOSES; AND BY REPEALING SECTIONS 19-1-40, 19-1-50, 19-5-410, 19-11-10, 19-11-25, 19-11-40, 19-11-60, AND 19-11-70 RELATING TO VARIOUS PROVISIONS OF LAW IN REGARD TO EVIDENTIARY MATTERS IN LEGAL PROCEEDINGS.

Reps. JENNINGS, KLAUBER, SHISSIAS, HARWELL and KNOTTS proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21706SD.95), which was adopted.

Amend the bill, as and if amended, in Section 19-11-30 of the 1976 Code, as contained in SECTION 3, and inserting:

/"Section 19-11-30.     In any trial or inquiry in any suit, action, or proceeding in any court or before any person having, by law or consent of the parties, authority to examine witnesses or hear evidence, the husband or wife of any party thereto or of any person in whose behalf the suit, action, or proceeding is brought, prosecuted, opposed, or defended is, except as hereinafter stated, competent and compellable to give evidence, the same as any other witness, on behalf of any party to the suit, action, or proceeding. However, no husband or wife may be required to disclose any confidential or, in a criminal proceeding, any communication made by one to the other during their marriage.

Notwithstanding the above provisions, a husband or wife is required to disclose any communication, confidential or otherwise, made by one to the other during their marriage where the suit, action, or proceeding concerns or is based on child abuse or neglect, the death of a child, criminal sexual conduct involving a minor, or the commission or attempt to commit a lewd act upon a minor."/

Amend the bill further, as and if amended, in Section 19-11-50 of the 1976 Code, as contained in SECTION 4, and inserting:

/"Section 19-11-50.     In the trial of all criminal cases the defendant shall be allowed to testify if he desires to do so, and not otherwise, as to the facts and circumstances of the case. Testimony given under this section The testimony of a defendant in a criminal case shall not be afterwards used against the defendant in any other criminal case, except upon an indictment for perjury founded on that testimony."/

Renumber sections to conform.

Amend totals and title to conform.

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. 3632--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. JENNINGS, with unanimous consent, it was ordered that H. 3632 be read the third time tomorrow.

H. 3023--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3023 -- Reps. Byrd, Baxley, Lloyd and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO TITLE 44, CHAPTER 43, SO AS TO ESTABLISH THE ORGAN AND TISSUE DONOR PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; AND TO ADD SECTION 56-1-143 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE AND TAXATION SHALL OFFER PERSONS OBTAINING OR RENEWING A DRIVER'S LICENSE THE OPPORTUNITY TO CONTRIBUTE ONE DOLLAR TO THE ORGAN AND TISSUE PROGRAM AND THESE FUNDS MUST BE CREDITED TO AN ACCOUNT IN THE STATE TREASURER'S OFFICE FOR USE BY THE DEPARTMENT FOR THIS PROGRAM.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5753AC.95), which was adopted.

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 "Gift of Life Organ and Tissue Procurement Act of 1995".

SECTION     2.     The 1976 Code is amended by adding:

"Section 12-7-2414.     (A)     Each taxpayer required to file a state income tax return who desires to contribute to the Gift of Life Trust Fund of South Carolina as created by Section 44-43-1310 may designate the contribution on the appropriate state income tax form. The contribution may not increase or decrease the income tax liability of the taxpayer and may be made by reducing the income tax refund of a taxpayer by the amount designated or by accepting additional payment from the taxpayer by the amount designated, whichever is appropriate.

(B)     All South Carolina income tax return forms must contain a designation for a contribution to the Gift of Life Trust Fund of South Carolina. The instructions accompanying income tax forms must contain a description of the purpose for which the Gift of Life Trust Fund was established and the use of monies from the income tax contribution.

(C)     Taxpayers who are entitled to refunds shall have the refunds reduced by the amount designated pursuant to subsection (B). The department annually shall determine the total amount designated plus the amount received in excess payments and shall report the total amount to the State Treasurer. The State Treasurer shall credit the total amount to the Gift of Life Trust Fund at the earliest possible time.

(D)     The incremental cost of administration of the contribution must be paid by the trust fund from amounts received pursuant to this section before funds are expended for the purposes of the fund."

SECTION     3.     Title 44, Chapter 43 of the 1976 Code is amended by adding:

"Article 13
Gift of Life Trust Fund

Section 44-43-1310.     There is established the Gift of Life Trust Fund, an eleemosynary corporation, the resources of which must be used to provide organ and tissue education including, but not limited to, public campaigns and school-based programs and to provide financial assistance to transplant recipients who have exhausted all other means of assistance available to procure anti-rejection medications. The trust fund shall accept gifts, bequests, and grants from individuals, foundations, organizations, associations, and any other source. The trust fund shall supplement and augment services provided by state agencies and does not take the place of these services.

Section 44-43-1320.     (A)     The Gift of Life Trust Fund is to be administered by a board of directors appointed by the Governor composed of the following including, but not limited to:

(1)     one representative from a South Carolina certified organ procurement organization that is a member of and abides by the rules and regulations of United Network for Organ Sharing;

(2)     one representative from a South Carolina tissue procurement organization that is a member of and abides by the rules and regulations of the American Association of Tissue Banks;

(3)     one representative from a South Carolina eye bank that is a member of and abides by the rules and regulations of the Eye Bank Association of America;

(4)     five members representing organ, tissue, and eye recipients, families of recipients, and families of donors that reside in South Carolina.

Appointments must be made so as to provide representation on the board from the Low Country, Pee Dee, Midlands, and Piedmont regions of the State;

(5)     one forensic pathologist who resides and practices in South Carolina.

(B)     Members shall serve terms of four years and until successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. Members may serve no more than two terms.

Section 44-43-1330.     Board members are not entitled to per diem but may be reimbursed for mileage and all necessary and reasonable expenses incurred in the performance of their duties under this article.

Section 44-43-1340.     In administering this article, the board shall:

(1)     develop and implement organ and tissue donation, educational programs, and campaigns;

(2)     make policy recommendations for the promotion of organ and tissue donation;

(3)     evaluate applications for and award financial assistance to organ and tissue recipients for anti-rejection medications in accordance with this chapter.

Section 44-43-1350.     The board shall elect a chairman from among its members and shall adopt rules for the governance of its operations. The board shall meet at least semiannually. Five members constitute a quorum.

Section 44-43-1360.     The board may employ a director and other staff as necessary to carry out the provisions of this article; however, administration of this article may not exceed twenty percent of the total funds credited to the trust fund, excluding the administrative fee paid to the Department of Revenue and Taxation pursuant to Sections 12-7-2414 and 59-1-143.

Section 44-43-1370.     Funds credited to the trust fund, excluding the administrative fees paid to the Department of Revenue and Taxation may be used only for:

(1)     administration of this article including, but not limited to, personnel and board expenses;

(2)     development and promotion, in cooperation with the South Carolina Donor Network, organ and tissue donor public awareness educational programs using in-state production and advertising companies as long as they are cost effective in comparison to national production and advertising companies;

(3)     implementation of organ and tissue donation awareness programs developed in cooperation with the South Carolina Donor Network for use in the primary and secondary school system; funds for this purpose must be transferred to the State Department of Education and may not exceed ten percent of the funds received by the trust fund in that year;

(4)     incorporating organ and tissue donation into the medical school curriculums of the Medical University of South Carolina and the University of South Carolina School of Medicine; funds for this purpose must be transferred to the respective schools of medicine and the funds for each school may not exceed two and one-half percent of the funds received by the trust fund in that year. Each school annually shall conduct a survey to determine if attitudes of their students and graduates have been altered by the curriculums;

(5)     financial assistance to transplant recipients who have exhausted all means available to cover the cost of the recipient's anti-rejection medications; however, no funds may be paid directly to the recipient; funds expended for this purpose may not exceed thirty-five percent of the funds received by the trust fund in that year. To be eligible to receive assistance from the trust fund, a transplant recipient must:

(a)     be referred to the trust fund by the recipient's transplant center, attending physician, local physician, nurse coordinator, or social worker;

(b)     complete an application and financial disclosure form as required by the board.

(6)     a reserve fund in an interest bearing account with five percent of the funds received by the trust fund annually to be placed in this account. No withdrawals may be made from this account until the minimum balance has reached one hundred thousand dollars and then these funds only may be used in years in which donations do not meet the average normal operating cost incurred by the trust fund and funds are needed to meet expenses. Once the balance in the reserve funds reaches one hundred thousand dollars, excess funds earned by interest and yearly allocations may be used at the discretion of the board to cover operating costs and to provide additional funds to the education fund and transplant recipient medication fund as provided for above.

Section 44-43-1380.     The trust fund board annually shall submit a report to the General Assembly by February first concerning its expenditures of fund monies, activities, and the incidence of organ and tissue donation."

SECTION     4.     The 1976 Code is amended by adding:

"Section 56-1-143.     An applicant for a new or renewal driver's license, commercial driver's license, motorcycle driver's license, identification card, issuance of a vehicle title or transfer of title, or issuance or renewal of a vehicle license plate must be given an opportunity in writing to make a contribution of one dollar to be credited to the Gift of Life Trust Fund established in Section 44-43-1310. The one dollar contribution must be added to the driver's license, identification card, title, or license plate fee and must be transferred to the State Treasurer and credited to the Gift of Life Trust Fund as provided for in Section 44-43-1310. The incremental cost of administration of the contribution must be paid by the trust fund from amounts received pursuant to this section before funds are expended by the trust fund."

SECTION     5.     Of the initial appointments made to the Gift of Life Trust Fund Board of Directors pursuant to Section 44-43-1320 of the 1976 Code, as added by Section 3 of this act, the Governor shall designate three members to serve four years; three members to serve three years; and three members to serve two years. After the initial appointments, members appointed to the board of directors shall serve terms of four years as provided for in Section 44-43-1320 of the 1976 Code.

SECTION     6.     This act takes effect upon approval by the Governor except that Section 2 takes effect beginning with filing dates for the 1995 tax year and Section 4 takes effect three months after approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. WILDER explained the amendment.

The amendment was then adopted.

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

H. 3023--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WALDROP, with unanimous consent, it was ordered that H. 3023 be read the third time tomorrow.

H. 3135--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3135 -- Reps. Hodges, Tucker, Knotts, Inabinett, Baxley and Whatley: A BILL TO AMEND SECTION 23-28-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF RESERVE POLICE OFFICERS, SO AS TO AUTHORIZE THE CHIEF, WITH THE APPROVAL OF THE MUNICIPALITY, TO PROVIDE FOR THE COMPENSATION OF RESERVE POLICE OFFICERS.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7379AC.95), which was adopted.

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

/SECTION     1.     Section 23-28-20 of the 1976 Code is amended to read:

"Section 23-28-20.     (A)     The chief may, in his discretion, or sheriff may appoint such number of reserve police officers as may be needed but not exceeding the number of regular full-time officers of his department. The number of full-time officers shall may not be decreased because of the institution or expansion of a reserve force. Each period of time reserves shall serve shall must be determined and specified by the chief or sheriff in writing. The powers and duties of reserves shall must be prescribed by the chief or sheriff and they shall be are subject to removal by him at any time.

(B)     The chief or sheriff, with the approval of the governing body, also shall allow for the compensation of reserve police officers for work done pursuant to Section 23-24-10 when compensation for approved public activities would be paid by a party other than the municipality or county. Reserve officers must be paid for approved public activities the same as off-duty police officers. Work performed for compensation must be in excess of the minimum logged service time required by Section 23-28-70. No additional training, beyond what is required for reserve police officers, is required for reserve police officers who receive compensation.

(C)     Before assuming their duties reserves shall must:

(A)(1)     take the oath of office required by law.;

(B)(2)     be bonded in an amount determined by the governing body of the county, municipality, or other political entity which shall may be not less than one thousand, five hundred dollars.;

(C)(3)     successfully complete a course of training specified by the South Carolina Law Enforcement Training Advisory Council and endorsed by the chief or sheriff who appoints them.

SECTION     2.     Section 23-28-70 of the 1976 Code is amended to read:

"Section 23-28-70.     Reserves shall serve and function as law enforcement officers only on specific orders and directions of the chief or sheriff. To maintain status, reserves shall maintain a minimum logged service time of twenty hours per month or sixty hours per quarter.

Each reserve shall be in proximate contact, by radio or otherwise, with the full-time officer to whom he is assigned While performing in any capacity as a reserve, a reserve police officer at all times must be accompanied by a full-time certified South Carolina police officer. Reserves shall in no case assume full-time duties of law enforcement officers without complying with all requirements for full-time officers.

Each department utilizing reserves shall have one full-time officer as coordinator-supervisor who shall must be responsible directly to the chief or sheriff."

SECTION     3.     This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. WALDROP explained the amendment.

The amendment was then adopted.

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

H. 3135--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WALDROP, with unanimous consent, it was ordered that H. 3135 be read the third time tomorrow.

H. 3170--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

H. 3170 -- Reps. Govan, Simrill, Inabinett, Lloyd and Hines: A JOINT RESOLUTION DIRECTING THE OFFICE OF HUMAN RESOURCES AND THE RETIREMENT SYSTEMS OF THE STATE BUDGET AND CONTROL BOARD TO CONDUCT A STUDY ON THE COSTS AND BENEFITS OF ALLOWING MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM TO RETIRE AT ANY AGE WITHOUT PENALTY ON ATTAINING AT LEAST TWENTY-FIVE YEARS OF CREDITED SERVICE AND TO REQUIRE THE STUDY'S FINDINGS AND CONCLUSIONS TO BE REPORTED TO THE GENERAL ASSEMBLY NO LATER THAN NOVEMBER 15, 1995.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5723HTC.95), which was adopted.

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

/SECTION     1.     The State Budget and Control Board shall conduct a study to determine the full costs and benefits of allowing members of the South Carolina Retirement System to retire at any age without penalty with at least twenty-five years of credited service. The study must address all actuarial issues raised by this proposal including the additional costs and options to meet those costs, and a thorough review of the potential benefits of the proposal, including any possible personnel expense reductions. The study should also include a review of other states' retirement benefit plans. The study shall address these issues with respect to both state and local government employers under the system. The study's findings and conclusions must be reported to the General Assembly no later than November 15, 1995./

Amend title to conform.

Rep. LANFORD explained the amendment.

The amendment was then adopted.

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

H. 3170--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. LANFORD, with unanimous consent, it was ordered that H. 3170 be read the third time tomorrow.

H. 3343--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3343 -- Rep. Rogers: A BILL TO AMEND SECTION 8-11-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPUTATION OF ANNUAL LEAVE ALLOWED STATE EMPLOYEES, SO AS TO DELETE THE PROVISION LIMITING THE MAXIMUM ANNUAL LEAVE ALLOWED IN ONE YEAR TO THIRTY DAYS.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5735HTC.95), which was adopted.

Amend the bill, as and if amended, by striking Section 8-11-610, as contained in SECTION 1, and inserting:

/Section 8-11-610.     (A)     Any A permanent full-time state employee is entitled to annual leave with pay, which is computed as follows:

For the first ten years of state service, he shall earn the employee earns one and one-fourth working days' leave for each month of full-time employment a year. After ten years he shall earn the employee earns a bonus of one and one-fourth working days' annual leave for each year of continuous service; however, the combined regular and bonus earnings shall may not exceed thirty days in any one year. No An employee is not required to use all of his annual leave in any one year. Any and unused annual leave may be accumulated, not to exceed forty-five days. Any An employee of a department which allowed an accumulation in excess of forty-five days, who, as of June 2, 1972, had accumulated annual leave in excess of forty-five days may carry over and retain the excess leave which is the maximum amount the employee may carry over into future years. If the employee subsequently reduces the amount of the leave carried over, the reduced amount, if in excess of forty-five days, is the employee's maximum carry-over into future years. If the employee further reduces the amount of the leave carried over to forty-five days or less, forty-five days is the maximum amount of unused annual leave the employee may accumulate. It is at the discretion of the department heads to determine the maximum number of consecutive days any an employee may have in any one period of leave. Annual leave taken in excess of thirty days in a calendar year is subject to department head approval. The total number of days of annual leave used in any one calendar year may not exceed thirty days.

(B)     Provided, further, that Instructional personnel at the South Carolina School for the Deaf and Blind whose positions are unclassified shall be are entitled to receive annual leave in the same manner as state employees and to utilize annual leave only as specified in the annual contract. The annual contract shall enable such these instructional personnel to utilize up to but no more than nine days annual leave per a year over and above scheduled vacations, but no more than one day per a month of annual leave without the supervisor's permission except in cases of illness or maternity leave when all available sick leave has been taken. Such These employees shall be are entitled to accumulate up to the maximum accumulation allowed state employees. These provisions shall This subsection does not obligate the school to provide monetary compensation for unutilized days accumulated beyond the maximum allowed state employees./

Amend title to conform.

Rep. LANFORD explained the amendment.

The amendment was then adopted.

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

H. 3343--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. LANFORD, with unanimous consent, it was ordered that H. 3343 be read the third time tomorrow.

H. 3364--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3364 -- Reps. Tucker, P. Harris, McAbee and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 21 IN TITLE 25, RELATING TO MILITARY, CIVIL DEFENSE, AND VETERANS' AFFAIRS, SO AS TO ESTABLISH THE VETERANS' TRUST FUND OF SOUTH CAROLINA AND PROVIDE FOR ITS POWERS, DUTIES, AND GOVERNANCE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-2417 SO AS TO PROVIDE A DESIGNATION ON STATE INDIVIDUAL INCOME TAX FORMS ENABLING A TAXPAYER TO MAKE A CONTRIBUTION TO THE VETERANS' TRUST FUND OF SOUTH CAROLINA.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5736HTC.95), which was adopted.

Amend the bill, as and if amended, SECTION 1, page 3, by striking Section 25-21-40 and inserting:

/Section 25-21-40.     Until the assets of the Veterans' Trust Fund exceed one million dollars, not more than fifty percent of the amount deposited in the fund each year from contributions plus all earnings from the investment of monies of the fund credited during the previous fiscal year, after allowances for operating expenses, is available for disbursement upon authorization of the board of trustees.

When assets in the trust fund exceed one million dollars, all credited earnings plus all future annual deposits to the trust fund from contributions are available for disbursement upon the authorization of the board of trustees./

Amend title to conform.

Rep. LANFORD explained the amendment.

The amendment was then adopted.

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

H. 3364--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. TUCKER, with unanimous consent, it was ordered that H. 3364 be read the third time tomorrow.

H. 3423--INTERRUPTED DEBATE

The following Bill was taken up.

H. 3423 -- Rep. P. Harris: A BILL TO AMEND SECTIONS 9-1-440 AND 9-11-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW MEMBERS ESTABLISHING SERVICE CREDIT FOR NONMEMBER SERVICE TO ELECT IRREVOCABLY TO ESTABLISH LESS THAN THE TOTAL OF THE NONMEMBER SERVICE.

Reps. SHISSIAS, H. BROWN and P. HARRIS proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5766HTC.95).

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

/SECTION ___. In the case of a deceased member of the South Carolina Retirement System who

(1)     retired after December 31, 1991, with more than twenty-five years service credit;

(2)     was at least age sixty-five on the retirement date;

(3)     elected to receive maximum benefits; and

(4)     died less than six months after the effective date of retirement, the surviving spouse of the deceased member may revoke the payment election made by the deceased spouse and, upon repayment to the system of all contributions made by the deceased member plus interest, elect a method of payment under Option 2. This revocation request must be made in writing to the South Carolina Retirement System and any such request may be made only in the first thirty days following the effective date of this act./

Renumber sections to conform.

Amend title to conform.

Rep. SHISSIAS 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. SHISSIAS having the floor.

RECURRENCE TO THE MORNING HOUR

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

REPORTS OF STANDING COMMITTEE

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

H. 3786 -- Reps. Keyserling and Jaskwhich: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-785 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL SUBMIT TO THE GENERAL ASSEMBLY AND THE GOVERNOR A COPY OF THE STATE'S INTERMODAL TRANSPORTATION EFFICIENCY PLAN PREPARED PURSUANT TO THE FEDERAL INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991, TO REQUIRE A RAILROAD OWNER TO NOTIFY THE DEPARTMENT OF TRANSPORTATION OF HIS INTENT TO ABANDON A RIGHT-OF-WAY, TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO PROVIDE PROPOSED RIGHT-OF-WAY ABANDONMENT OR DISCONTINUANCE INFORMATION TO INTERESTED PARTIES AND TO THE PUBLIC, AND TO REQUIRE RAILROADS TO SUBMIT TO THE DEPARTMENT OF TRANSPORTATION ANNUALLY A LONG-RANGE PLAN FOR RAIL LINES IN THE STATE.

Ordered for consideration tomorrow.

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

S. 626 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO HOMEBOUND INSTRUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1819, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

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

S. 686 -- Transportation Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-112 SO AS TO ELIMINATE THE REQUIREMENT OF NOTARIZATION ON FORMS OR DOCUMENTS CONTAINED IN CHAPTERS 3, 15, 16, AND 19 OF TITLE 56 AND ARTICLE 5, CHAPTER 17 OF TITLE 31; TO AMEND SECTION 16-21-20, RELATING TO THE MISUSE OF A MOTOR VEHICLE CERTIFICATE OF TITLE, REGISTRATION CARD, OR LICENSE PLATE, THE FAILURE TO DELIVER A MOTOR VEHICLE CERTIFICATE OF TITLE OR APPLICATION, AND FILING A FRAUDULENT APPLICATION FOR A MOTOR VEHICLE TITLE OR REGISTRATION, SO AS TO REVISE THE PERIOD A PERSON MUST DELIVER A MOTOR VEHICLE CERTIFICATE OF TITLE OR APPLICATION TO THE DEPARTMENT OF REVENUE AND TAXATION; TO AMEND SECTION 56-19-370, RELATING TO THE PROCEDURES FOR THE VOLUNTARY TRANSFER OF A MOTOR VEHICLE CERTIFICATE OF TITLE WHEN A DEALER PURCHASES A MOTOR VEHICLE FOR RESALE, SO AS TO REVISE THE PERIOD THE TRANSFER OF THE CERTIFICATE OF TITLE MUST BE COMPLETED TO AVOID SENDING THE CERTIFICATE OF TITLE TO THE DEPARTMENT OF REVENUE.

Ordered for consideration tomorrow.

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 4140 -- Reps. Hodges, Inabinett, Cobb-Hunter, Neal, Scott, Spearman, Delleney, McTeer, Boan, Worley, Rogers, Askins and Tucker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-86 SO AS TO PROVIDE THAT THE PRIMARY BENEFICIARIES OF CORRECTIONS OFFICERS OF THE DEPARTMENT OF CORRECTIONS AND LAW ENFORCEMENT OFFICERS OF THE DEPARTMENT OF PUBLIC SAFETY AND THE STATE LAW ENFORCEMENT DIVISION KILLED IN THE LINE OF DUTY SHALL RECEIVE AS A DEATH BENEFIT UNDER THE STATE DEATH BENEFIT SALARY CONTINUATION PLAN TWICE THE ANNUAL SALARY OF THE OFFICERS, AND TO PROVIDE PROCEDURES TO IMPLEMENT THIS PROVISION INCLUDING A REQUIREMENT THAT EMPLOYERS PAY THE NECESSARY PREMIUMS OR FEES TO SECURE THIS COVERAGE.

Referred to Committee on Ways and Means.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 20, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Passailaigue, McConnell and Washington of the Committee of Free Conference on the part of the Senate on S. 662:
S. 662 -- Senators Passailaigue, McConnell, Rose, Washington, Ford, Richter and Greg Smith: A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEVELOPMENT AUTHORITIES, SO AS TO REVISE THE MEMBERSHIP OF A REDEVELOPMENT AUTHORITY BOARD AND ITS POWERS, DUTIES, AND RESPONSIBILITIES.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 20, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 662:
S. 662 -- Senators Passailaigue, McConnell, Rose, Washington, Ford, Richter and Greg Smith: A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEVELOPMENT AUTHORITIES, SO AS TO REVISE THE MEMBERSHIP OF A REDEVELOPMENT AUTHORITY BOARD AND ITS POWERS, DUTIES, AND RESPONSIBILITIES.
Very respectfully,
President

H. 3423--AMENDED AND DEBATE ADJOURNED

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

H. 3423 -- Rep. P. Harris: A BILL TO AMEND SECTIONS 9-1-440 AND 9-11-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW MEMBERS ESTABLISHING SERVICE CREDIT FOR NONMEMBER SERVICE TO ELECT IRREVOCABLY TO ESTABLISH LESS THAN THE TOTAL OF THE NONMEMBER SERVICE.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, by Reps. SHISSIAS, H. BROWN and P. HARRIS.

Rep. SHISSIAS continued speaking.

Rep. LANFORD spoke in favor of the amendment.

Rep. SHISSIAS spoke against the amendment.

POINT OF ORDER

Rep. LANFORD raised the Point of Order that Amendment No. 1 was out of order under Rule 5.4 which states that no Bill or amendment providing an appropriation to pay a private claim against this State or a department thereof shall be introduced or considered.

Rep. HUFF stated that even though the impact maybe to affect one individual that it did not necessarily constitute a private claim. He further stated that the language applied to anyone that met within the exception.

Rep. SHISSIAS stated that it was a state claim and not a private one.

The SPEAKER stated that as the amendment was written it could apply to a number of people in that category and he overruled the Point of Order.

The amendment was then adopted by a division vote of 40 to 5.

Rep. BOAN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\5826HTC.95), which was adopted.

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

/SECTION ___. A member of the South Carolina Retirement System who retired on grounds of disability during fiscal year 1994-95 who was eligible to establish credit for military service and failed to do so in a timely manner may nevertheless establish such service upon written application therefor to the South Carolina Retirement System and payment of the amount specified by law. The application and payment must be made within ninety days after the effective date of this act. Upon receipt of the appropriate payment, the benefits due the retiree must be recalculated to reflect the additional service credit./

Renumber sections to conform.

Amend title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. BOAN moved to adjourn debate upon the Bill until Tuesday, April 25, which was adopted.

S. 662--FREE CONFERENCE POWERS GRANTED

Rep. FULMER moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

S. 662 -- Senators Passailaigue, McConnell, Rose, Washington, Ford, Richter and Greg Smith: A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEVELOPMENT AUTHORITIES, SO AS TO REVISE THE MEMBERSHIP OF A REDEVELOPMENT AUTHORITY BOARD AND ITS POWERS, DUTIES, AND RESPONSIBILITIES.

The yeas and nays were taken resulting as follows:

Yeas 105; Nays 0

Those who voted in the affirmative are:

Anderson               Askins                 Bailey
Baxley                 Boan                   Breeland
Brown, G.              Brown, H.              Brown, J.
Byrd                   Cain                   Cato
Cave                   Chamblee               Clyburn
Cooper                 Cotty                  Cromer
Dantzler               Davenport              Delleney
Easterday              Elliott                Fair
Fleming                Fulmer                 Gamble
Govan                  Hallman                Harrell
Harris, J.             Harrison               Harvin
Haskins                Herdklotz              Hines
Huff                   Hutson                 Inabinett
Jaskwhich              Jennings               Keegan
Kelley                 Keyserling             Kinon
Kirsh                  Knotts                 Koon
Lanford                Law                    Limehouse
Lloyd                  Marchbanks             Martin
Mason                  McCraw                 McElveen
McKay                  McMahand               McTeer
Meacham                Moody-Lawrence         Neal
Neilson                Phillips               Quinn
Rhoad                  Rice                   Richardson
Riser                  Robinson               Rogers
Sandifer               Seithel                Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Spearman
Stille                 Stoddard               Stuart
Thomas                 Townsend               Trotter
Tucker                 Waldrop                Walker
Wells                  Whatley                Whipper, L.
Whipper, S.            White                  Wilder
Wilkes                 Wilkins                Williams
Witherspoon            Wofford                Worley
Wright                 Young, A.              Young, J.

Total--105

Those who voted in the negative are:

Total--0

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. FULMER, A. YOUNG and LAW to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

S. 662---FREE CONFERENCE REPORT ADOPTED
FREE CONFERENCE REPORT
The General Assembly, Columbia, S.C., April 20, 1995

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 662 -- Senators Passailaigue, McConnell, Rose, Washington, Ford, Richter and Greg Smith: A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEVELOPMENT AUTHORITIES, SO AS TO REVISE THE MEMBERSHIP OF A REDEVELOPMENT AUTHORITY BOARD AND ITS POWERS, DUTIES, AND RESPONSIBILITIES.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/SECTION     1.     Section 31-12-40(D) of the 1976 Code is amended to read:

"(D)     If the federal property subject to disposal is contained wholly or partially within a county, all or a portion of which lies in an MSA which extends over more than one South Carolina county, the authority must include:

(1)     one representative who is a resident of each South Carolina county which contains all or a portion of the federal property subject to disposal, appointed by the respective county governing body Governor;

(2)     one representative who is a resident of each South Carolina county in the MSA not entitled to a resident representative under subsection (D)(1), appointed by the respective county governing body Governor;

(3)     one representative of each municipality located wholly or partly within the MSA with a population of at least 50,000 as determined by the latest official federal census, appointed by the respective municipal governing body;

(4) (3)     such additional representatives who are residents of the respective municipalities as may be necessary to provide assure that any municipality within whose boundaries the major portion of properties scheduled for disposal lies shall have a total number of representatives being two with one less than the collective number of representatives from all other appointing bodies or officers provided for in subsections (D)(1), (D)(2), and (D)(5) through (D)(8), appointed by the Governor from a slate of candidates submitted by the municipal governing body;

(5) (4)     if the major portion of properties scheduled for disposal lies within a single county but not within the boundaries of any single municipality, such additional representatives as may be necessary to provide assure that county with one two less than the collective number of representatives from all other appointing bodies or officers provided for in subsections (D)(1), (D)(2), and (D)(5), through (D)(8), appointed by the county governing body;

(6)     one member elected by a majority of the Senate;

(7)     one member elected by a majority of the House of Representatives; and

(8) (5)     one at-large appointment by the Governor, who shall be a resident of one of the counties which lie, wholly or partially, in the MSA which is entitled to an appointment representation under subsections (D)(1), or (D)(2), or (D)(4);

(6)     the Governor, in his discretion, may accept or reject the name of any individual submitted for his consideration pursuant to subsection (D)(3). If the name of an individual is rejected or is not submitted to the Senate as provided in subsection (H), the municipality may submit the name of another individual for the Governor's consideration as provided in subsection (D)(3); and

(7)     notwithstanding any other provision of law, an individual appointed pursuant to subsections (D)(1) through (D)(5) may be removed as provided in Section 1-3-240(B)."

SECTION     2.     Section 31-12-40(E) of the 1976 Code is amended to read:

"(E)     No member of an authority may be an elected official or have held an elected office within one year of the date on which the member begins service on an authority. Nor may any member hold another office of honor or profit of this State or any of its political subdivisions while serving on the authority as prohibited by the South Carolina Constitution. Nor may any member of an authority established pursuant to subsection (D) serve or have served as an officer of, or as a member of the executive committee of, any authority, commission, committee, or other entity relating to or concerned with the effects of the closure of a federal military installation which has been established by an executive order of the Governor prior to the effective date of this act, within one year prior to the date on which the member begins service on an authority. Each member of an authority must comply with the provisions of Chapter 13 of Title 8 of the 1976 Code of Laws including the requirement to file a statement of economic interests."

SECTION     3.     Section 31-12-40(H) of the 1976 Code is amended to read:

"(H)     The appointments made pursuant to subsections (B)(2), (B)(3), and (B)(4), subsections (C)(2), (C)(3), and (C)(4), and subsections (D)(1), (D)(2), (D)(3), (D)(4), and (D)(5), and (D)(8) shall be subject to the advice and consent of the Senate."

SECTION     4.     SECTION 31-12-40(I) of the 1976 Code is amended to read:

"(I)     An authority also may be created by resolutions of municipalities and of counties eligible to make the majority of the appointments to an authority pursuant to subsections (B), or (C), or (D), respectively."

SECTION     5.     Subsections (K) and (L) of Section 31-12-40 of the 1976 Code are amended to read:

"(K)     A vacancy occurring while the Senate is in session, including a vacancy occurring due to the failure of the Senate to give advice and consent to any appointment may be filled while the Senate is in session by an interim appointment of a different person by the appointing body or officer until Sine Die adjournment of that session an individual other than the one that failed to receive advice and consent. The appointment must be transmitted to the Senate for its consideration within one week after the appointment is made. If the vacancy occurs prior to May first and the Senate does not advise and consent to the appointment prior to Sine Die adjournment of that session, the office shall be vacant and the appointee shall not serve in holdover status notwithstanding any other provision of law to the contrary. In no event may the same individual be reappointed until such time as the term for which the appointee would have served expires. If the vacancy occurs on or after May first, the appointee is deemed to be an interim appointee and is subject to the provisions of subsection (J).

(L)     A vacancy due to the failure of the Senate to give advice and consent to any appointment may be filled during the recess of the Senate by an interim appointment by the appointing body or officer in the same manner as in subsection (I)."

SECTION     6.     Section 31-12-50(A) of the 1976 Code is amended to read:

"(A)     The term of office for members appointed pursuant to Sections 31-12-40(B) and 31-12-40(C) is as follows: one of the state representatives, one of the county representatives, and one of the municipality representatives shall serve a four-year term as designated by the respective delegation or governing body. The other members shall serve an initial two-year term, including the at-large appointment by the Governor. The term of office for members appointed pursuant to Section 31-12-40(D) shall be split as equally as possible as between two or four years, as determined by lot at their first organizational meeting, other than the appointment by the Governor pursuant to Section 31-12-40(D)(5), who shall serve an initial two-year term. After the initial terms, all members shall serve four-year terms. Each member shall hold office until his successor is appointed and qualified."

SECTION     7.     Section 31-12-60 of the 1976 Code is amended to read:

"The Governor's at-large appointment shall serve for a two-year term as chairman of any authority initially established. The authority shall select its vice chairman and such other officers as the authority may determine from its membership. The authority shall select its chairman at all times after the Governor's first at-large appointee ceases to serve his first term initial two-year period during which the Governor's at-large appointee serves as chairman.

The authority may employ or contract for technical experts and other agents and employees as it may require and may determine the qualifications and compensation of these persons. A majority of the members then in office shall constitute a quorum for its meeting. No member is liable personally for losses unless the losses are occasioned by the wilful misconduct of the member. An authority may delegate one or more of its members, agents, or employees any of its powers that it considers necessary to carry out the purposes of the authority subject always to the supervision and control of the whole authority."

SECTION     8.     If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION     9.     This act takes effect upon approval by the Governor subject to the provisions of this section. Upon the appointment of a chairman pursuant to Section 31-12-40(D)(5), as amended by this act, the term of each member appointed to an authority pursuant to Section 31-12-40(D), adopted as a part of Act 462 of 1994, is terminated. Until three other individuals are appointed pursuant to Section 31-12-40(D)(1)-(5), the chairman is empowered to exercise any and all authority granted to an authority board as specified in Act 462 of 1994. Individuals appointed pursuant to Section 12-31-40(D)(1), (2), and (5) may begin serving as members of an authority board effective upon the date of the appointment letter of the Governor. The right of these individuals to continue service beyond the date of Sine Die adjournment of the General Assembly in 1995 will be determined as specified in Section 31-12-40, as amended./

Amend title to conform.

/s/Glenn F. McConnell             /s/James N. Law
/s/McKinley Washington            /s/Ronald C. Fulmer
/s/Ernest L. Passailaigue         /s/Annette D. Young
On part of the Senate.                 On part of the House.

The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

S. 662--ORDERED ENROLLED FOR RATIFICATION

The report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

H. 3731--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3731 -- Reps. Cooper, Kinon, Askins, Quinn, Herdklotz, Neilson, Scott, Cobb-Hunter, Hines, Keyserling, Inabinett, Bailey, Mason, Easterday, Rogers, Wilder, Moody-Lawrence, White, Cato, Shissias, J. Harris, Stuart, Hutson, Wright, Koon, Allison, Trotter, Gamble, McCraw, Lloyd, Byrd, Littlejohn, Wells, Howard, J. Brown, Haskins, Limehouse, Phillips, Elliott, Seithel, Whatley and S. Whipper: A BILL TO AMEND SECTION 8-11-83, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYROLL DEDUCTION FOR DUES OF THE STATE EMPLOYEES' ASSOCIATION, SO AS TO ALSO AUTHORIZE A PAYROLL DEDUCTION FOR THE DUES OF THE SOUTH CAROLINA TROOPERS' ASSOCIATION.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21705SD.95), which was adopted.

Amend the bill, as and if amended, in Section 8-11-83 of the 1976 Code, as contained in SECTION 1, by adding a new paragraph at the end to read:

/No membership dues or any portion thereof deducted pursuant to this section may be paid to any national or multi-state association or group./

When amended Section 8-11-83 of the 1976 Code shall read:

"Section 8-11-83.     The Comptroller General and all other state agencies, upon request of employees of the State, shall make deductions from the compensation of the employees for the payment of membership dues for the South Carolina State Employees' Association and for the South Carolina Troopers' Association. The Comptroller General and state agencies shall pay over to the association the respective associations all amounts so collected or withheld. Retirees from a state agency also may have withheld from their state retirement benefits their membership dues for the South Carolina State Employees' Association and for the South Carolina Troopers' Association. No deduction is permitted if the association associations at any time engages engage in collective bargaining or encourages its encourage their members to strike.

No membership dues or any portion thereof deducted pursuant to this section may be paid to any national or multi-state association or group."

Renumber sections to conform.

Amend totals and title to conform.

Rep. FULMER explained the amendment.

The amendment was then adopted.

Rep. LANFORD proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\21692SD.95), which was adopted.

Amend the bill, as and if amended, in Section 8-11-83 of the 1976 Code, as contained in SECTION 1, by adding a new paragraph at the end to read:

/Dues for the South Carolina Law Enforcement Officers' Association may also be deducted from the compensation of state employees and retirees and paid over to this association in the same manner other dues under this section are deducted and paid over. The same restrictions and conditions as apply to the other deductions under this section also apply to the deductions of dues for the South Carolina Law Enforcement Officers' Association./

Renumber sections to conform.

Amend totals and title to conform.

Rep. LANFORD explained the amendment.

Rep. COOPER moved to table the amendment.

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

Yeas 1; Nays 79

Those who voted in the affirmative are:
Cooper

Total--1

Those who voted in the negative are:

Anderson               Askins                 Bailey
Baxley                 Breeland               Byrd
Cain                   Cato                   Chamblee
Clyburn                Cotty                  Cromer
Dantzler               Davenport              Delleney
Easterday              Elliott                Fair
Fleming                Gamble                 Govan
Harrell                Harris, J.             Harrison
Harvin                 Haskins                Herdklotz
Hutson                 Inabinett              Jaskwhich
Jennings               Keegan                 Kelley
Keyserling             Kinon                  Kirsh
Knotts                 Koon                   Lanford
Law                    Limehouse              Littlejohn
Lloyd                  Marchbanks             McCraw
McKay                  McMahand               McTeer
Meacham                Moody-Lawrence         Neal
Neilson                Phillips               Quinn
Rhoad                  Rice                   Richardson
Riser                  Rogers                 Sandifer
Scott                  Seithel                Sheheen
Shissias               Simrill                Smith, R.
Stuart                 Townsend               Tucker
Waldrop                Walker                 Whatley
Whipper, L.            White                  Wilkes
Wofford                Worley                 Wright
Young, A.

Total--79

So, the House refused to table the amendment.

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

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

H. 3731--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. LANFORD, with unanimous consent, it was ordered that H. 3731 be read the third time tomorrow.

H. 3774--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3774 -- Rep. Rogers: A BILL TO AMEND SECTION 8-11-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL LEAVE AND A LUMP-SUM PAYMENT ALLOWED TO A STATE EMPLOYEE UPON TERMINATION OF EMPLOYMENT, DEATH, OR RETIREMENT, SO AS TO AUTHORIZE AN EMPLOYEE, UPON TERMINATION TO RECEIVE A LUMP-SUM PAYMENT FOR UNUSED LEAVE, NOT TO EXCEED FORTY-FIVE DAYS WITHOUT REGARD TO THE EARNED LEAVE TAKEN DURING THE CALENDAR YEAR IN WHICH THE EMPLOYEE TERMINATES.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5737HTC.95), which was adopted.

Amend the bill, as and if amended, by striking Section 8-11-620, as contained in SECTION 1, page 1, and inserting:

/Section 8-11-620. Upon termination from state employment, an employee may take both annual leave and a lump-sum payment for unused leave, but in no event shall such combination exceed forty-five days in a calendar year except as provided for in Section 8-11-610 is entitled to a lump-sum payment for the employee's terminal leave. For purposes of this section, terminal leave is accrued annual leave less annual leave taken in the year of termination, but in no case more than forty-five days except as provided in Section 8-11-610. No terminal leave payment is due an employee terminated for conviction of a felony arising out of the performance of official duties. If an employee dies, his legal representative shall be is entitled to a lump-sum payment for his unused leave, not to exceed forty-five working days, except as provided for in Section 8-11-610. Upon retirement from state employment or upon the death of an employee, a lump-sum payment will be made for unused leave, not to exceed forty-five days, unless a higher maximum is approved under the provisions of Section 8-11-610, and without regard to the earned leave taken during the calendar year in which the employee retires./

Amend further, by striking SECTION 2 and inserting:

/SECTION     2.     The provisions of Section 8-11-620 of the 1976 Code relating to the denial of payment for terminal leave for a state employee terminated for conviction of a felony arising out of the performance of official duties applies to employees first hired on and after the effective date of this act.

SECTION     3.     This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. LANFORD explained the amendment.

The amendment was then adopted.

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

H. 3774--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. LANFORD, with unanimous consent, it was ordered that H. 3774 be read the third time tomorrow.

H. 3881--DEBATE ADJOURNED

Rep. LANFORD moved to adjourn debate upon the following Bill until Tuesday, April 25, which was adopted.

H. 3881 -- Reps. H. Brown, Boan and McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 9-1-1970, 9-8-240, 9-9-240, AND 9-11-350 SO AS TO CONFORM THE COMPENSATION OF MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, GENERAL ASSEMBLY RETIREMENT SYSTEM, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM TAKEN INTO ACCOUNT FOR PURPOSES OF CALCULATING BENEFITS TO THE PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 AND TO PROVIDE EXCEPTIONS.

ORDERED TO THIRD READING

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

H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.

Rep. HARRELL explained the Bill.

H. 3901--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HARRELL, with unanimous consent, it was ordered that H. 3901 be read the third time tomorrow.

S. 48--OBJECTION AND INTERRUPTED DEBATE

The following Bill was taken up.

S. 48 -- Senators Leatherman, Wilson, Leventis, Rankin, Elliott, Rose and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE THAT THE PRINCIPAL AMOUNT OF A LEASE PURCHASE OR FINANCING AGREEMENT IS SUBJECT TO THE CONSTITUTIONAL DEBT LIMIT FOR POLITICAL SUBDIVISIONS AND THAT PAYMENTS MADE BY THE STATE UNDER SUCH AN AGREEMENT ARE DEEMED GENERAL OBLIGATION DEBT SERVICE FOR PURPOSES OF THE CONSTITUTIONAL DEBT SERVICE LIMIT ON THE STATE, TO PROVIDE THAT THE CALCULATION OF THE LIMITATION ON GENERAL OBLIGATION BONDED INDEBTEDNESS FOR FUTURE GENERAL OBLIGATION BOND ISSUES MUST INCLUDE THE PRINCIPAL BALANCE OF ANY OUTSTANDING FINANCING AGREEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-17-120 SO AS TO PROVIDE THAT SCHOOL BONDS CALLED BEFORE MATURITY MAY BE REISSUED ONLY IF THE PAYOFF AMOUNT AND THE AMOUNT NECESSARY TO SERVICE THE REISSUED BONDS DOES NOT INCREASE BY MORE THAN EIGHT PERCENT IN A YEAR THE DEBT SERVICE ON THE ORIGINAL BONDED INDEBTEDNESS AND DOES NOT EXCEED THE DISTRICT'S DEBT LIMIT.

Rep. HERDKLOTZ proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5822HTC.95).

Amend the bill, as and if amended, Section 11-27-110(A)(5), as contained in SECTION 1, page 2, line 25, by striking /December 31, 1995/ and inserting /the ratification of constitutional amendments raising the constitutional debt limit for political subdivisions and school districts from eight to twelve percent/

Amend title to conform.

Rep. HERDKLOTZ explained the amendment.

Rep. WALKER moved to adjourn debate upon the Bill until Thursday, April 27.

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

Rep. WALKER objected to the Bill.

Rep. SHEHEEN spoke against the amendment.

Rep. HARRELL spoke against the amendment.

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

RECURRENCE TO THE MORNING HOUR

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4141 -- Rep. Tucker: A CONCURRENT RESOLUTION COMMENDING BUD DURHAM, OLIN HOWARD, AND BOB PERRY FOR THEIR HEROIC EFFORTS IN APPREHENDING A PAIR OF PURSE SNATCHERS IN PENDLETON'S TOWN SQUARE AND EXPRESSING APPRECIATION ON BEHALF OF THE FEMALE TOURIST FROM STONE MOUNTAIN, GEORGIA.

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

INTRODUCTION OF BILL

The following Joint Resolution was introduced, read the first time, and referred to appropriate committee:

H. 4142 -- Reps. Hodges, Rogers, Cobb-Hunter, Neal and Tucker: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY THE ADEQUACY OF THE COMPENSATION OF CORRECTIONS OFFICERS OF THE DEPARTMENT OF CORRECTIONS AND OFFICERS OF THE DEPARTMENT OF JUVENILE JUSTICE CHARGED WITH SUPERVISION OF THE PERSONS COMMITTED TO THE DEPARTMENT.

Referred to Committee on Ways and Means.

S. 48--OBJECTIONS

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

S. 48 -- Senators Leatherman, Wilson, Leventis, Rankin, Elliott, Rose and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE THAT THE PRINCIPAL AMOUNT OF A LEASE PURCHASE OR FINANCING AGREEMENT IS SUBJECT TO THE CONSTITUTIONAL DEBT LIMIT FOR POLITICAL SUBDIVISIONS AND THAT PAYMENTS MADE BY THE STATE UNDER SUCH AN AGREEMENT ARE DEEMED GENERAL OBLIGATION DEBT SERVICE FOR PURPOSES OF THE CONSTITUTIONAL DEBT SERVICE LIMIT ON THE STATE, TO PROVIDE THAT THE CALCULATION OF THE LIMITATION ON GENERAL OBLIGATION BONDED INDEBTEDNESS FOR FUTURE GENERAL OBLIGATION BOND ISSUES MUST INCLUDE THE PRINCIPAL BALANCE OF ANY OUTSTANDING FINANCING AGREEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-17-120 SO AS TO PROVIDE THAT SCHOOL BONDS CALLED BEFORE MATURITY MAY BE REISSUED ONLY IF THE PAYOFF AMOUNT AND THE AMOUNT NECESSARY TO SERVICE THE REISSUED BONDS DOES NOT INCREASE BY MORE THAN EIGHT PERCENT IN A YEAR THE DEBT SERVICE ON THE ORIGINAL BONDED INDEBTEDNESS AND DOES NOT EXCEED THE DISTRICT'S DEBT LIMIT.

AMENDMENT NO. 1--TABLED

Debate was resumed on Amendment No. 1, by Rep. HERDKLOTZ.

Rep. HARRELL continued speaking.

Rep. HARRELL moved to table the amendment, which was agreed to.

Rep. HERDKLOTZ proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\5821HTC.95), which was tabled.

Amend the bill, as and if amended, Section 11-27-110(A)(5), as contained in SECTION 1, page 2, line 25, by striking /1995/ and inserting /1996/.

Amend title to conform.

Rep. HERDKLOTZ explained the amendment.

Rep. HARRELL spoke against the amendment and moved to table the amendment, which was agreed to.

Reps. HERDKLOTZ, ALLISON, LITTLEJOHN, DAVENPORT, LANFORD, WELLS, WILDER and STODDARD objected to the Bill.

ORDERED TO THIRD READING

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

H. 4008 -- Reps. Govan, Cave, Cobb-Hunter, Stuart, Rhoad and Sharpe: A BILL TO AMEND ACT 346 OF 1975, RELATING TO THE TRICOUNTY COMMISSION ON ALCOHOL AND DRUG ABUSE, SO AS TO REVISE THE COMPOSITION OF THE COMMISSION; TO DELETE THE REQUIREMENT THAT THE CHAIRMANSHIP MUST ROTATE; TO ADD ADDITIONAL POWERS AND DUTIES; TO PROVIDE ADDITIONAL DISTRIBUTION OF COPIES OF THE COMMISSION AUDIT REPORT; AND TO PROVIDE THAT ALL MEMBERS CURRENTLY SERVING ON THE COMMISSION CONTINUE TO SERVE UNTIL THE EXPIRATION OF THEIR CURRENT TERMS.

H. 4008--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. GOVAN, with unanimous consent, it was ordered that H. 4008 be read the third time tomorrow.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 20, 1995
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:45 A.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. SHEHEEN the invitation was accepted.

MOTION ADOPTED

Rep. SHEHEEN moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.

RATIFICATION OF ACTS

At 11:45 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.

(R57) S. 322 -- Senator Rose: A JOINT RESOLUTION RATIFYING AN AMENDMENT TO SECTION 24, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LAW ENFORCEMENT OFFICIALS, PROSECUTORS, ADMINISTRATIVE OFFICERS, AND THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW FOR THE AGE AND QUALIFICATIONS OF CORONERS.

(R58) S. 623 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO THE REMOVAL OF INTRASTATE REGULATION OF THE PRICES, ROUTES, AND SERVICE FOR CERTAIN FOR-HIRE MOTOR CARRIERS OF PROPERTY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1843, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R59) S. 646 -- Senators Land and Drummond: AN ACT TO AMEND SECTION 56-5-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVING LIMITATIONS FOR INTRASTATE MOTOR CARRIER DRIVERS, SO AS TO SUBSTITUTE "MOTOR CARRIERS" FOR "COMMON CARRIERS" IN CERTAIN REFERENCES CONTAINED IN THIS SECTION.

(R60) S. 662 -- Senators Passailaigue, McConnell, Rose, Washington, Ford, Richter and Greg Smith: AN ACT TO AMEND SECTION 31-12-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF REDEVELOPMENT AUTHORITIES, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD OF A REDEVELOPMENT AUTHORITY; SECTION 31-12-50 RELATING TO THE TERMS AND FILLING OF VACANCIES OF MEMBERS OF THE AUTHORITY, SO AS TO ADD A REFERENCE TO CONFORM TO THE AMENDMENT OF SECTION 31-12-40 AND REQUIRE THE TERMS OF MEMBERS APPOINTED PURSUANT TO SECTION 31-12-40 BE SPLIT EQUALLY BETWEEN TWO OR FOUR YEARS; AND TO AMEND SECTION 31-12-60, RELATING TO THE GOVERNOR'S AT-LARGE APPOINTMENT AND CERTAIN POWERS OF THE AUTHORITY, SO AS TO CHANGE THE MANNER IN WHICH THE GOVERNOR'S APPOINTEE SERVES AS CHAIRMAN.

(R61) H. 3107 -- Reps. Sheheen and S. Whipper: AN ACT TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 18 SO AS TO PROVIDE FOR THE PROCEDURES APPLICABLE FOR THE VARIOUS RETIREMENT SYSTEMS IN ACTING ON JUDICIAL ORDERS PROVIDING FOR ALIMONY OR MARITAL PROPERTY RIGHTS AFFECTING CERTAIN BENEFITS PAYABLE BY THE SYSTEM.

(R62) H. 3361 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS GENERAL FUND REVENUES, TO PROVIDE THAT THE RESPECTIVE CLERKS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE AND THE DIRECTOR OF THE DIVISION OF OPERATIONS OF THE STATE BUDGET AND CONTROL BOARD SHALL ACT AS AGENTS OF THE STATE HOUSE COMMITTEE IN THE ADMINISTRATION AND IMPLEMENTATION OF THE STATE HOUSE RENOVATION PROJECT AND TO PROVIDE LIMITATIONS, TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO EXPEND NOT MORE THAN $1,500,000 OF THE SUM APPROPRIATED FOR THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT IN SUPPORT OF MILITARY BASES OR OTHER FEDERAL FACILITIES AT RISK OF CLOSURE OR REDUCED OPERATION, AND TO PROVIDE FOR THE CARRYFORWARD OF UNEXPENDED FUNDS.

(R63) H. 3728 -- Reps. Hallman, Fulmer, Seithel, Whatley, Harrell, Hutson, S. Whipper and Limehouse: AN ACT TO PROVIDE THAT THE CHARLESTON COUNTY BOARD OF ASSESSMENT CONTROL IS ABOLISHED AND ITS POWERS AND DUTIES DEVOLVED UPON THE CHARLESTON COUNTY COUNCIL.

(R64) H. 3788 -- Reps. Limehouse, Hallman, Fulmer, Whatley, L. Whipper, Seithel and S. Whipper: AN ACT TO AMEND ACT 1595 OF 1972, AS AMENDED, RELATING TO THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT, SO AS TO DELETE THE PROVISION FOR THE MAINTENANCE OF GOLF COURSES.

(R65) H. 3853 -- Rep. Davenport: AN ACT TO AMEND ACT 172 OF 1969, RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT, SO AS TO AUTHORIZE THE BOARD OF THE DISTRICT TO EMPLOY FIREMEN AND OTHER EMPLOYEES NECESSARY TO CARRY OUT THE RESPONSIBILITIES OF THE BOARD.

(R66) H. 3863 -- Reps. Beatty, Walker, Lanford, Littlejohn, Allison and Davenport: AN ACT TO PROVIDE FOR THE FISCAL AUTONOMY OF THE SEVEN LOCAL SCHOOL DISTRICTS IN SPARTANBURG COUNTY; TO PROVIDE FOR THE POWERS OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY; TO PROVIDE FOR THE OPERATIONAL BUDGET OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY; TO PROVIDE FOR THE EQUITABLE DISTRIBUTION OF ASSETS OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY; TO PROVIDE FOR THE COUNTY BOARD'S MEETINGS; AND TO REPEAL ACT 610 OF 1994, RELATING TO THE ABOLITION OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY.

THE HOUSE RESUMES

At 11:59 A.M. the House resumed, the SPEAKER in the Chair.

ADJOURNMENT

At 12:00 Noon the House in accordance with the motion of Rep. ROBINSON adjourned in memory of The Honorable B.L. Hendricks, former House member from Pickens County, to meet at 10:00 A.M. tomorrow.

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