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Referred to Committee on Education and Public Works.

H. 4097 -- Reps. Baxley, Neilson and Hines: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-21-820 SO AS TO PROVIDE THAT OF PROBATE COURT FEES RETAINED FOR DEPOSIT IN THE GENERAL FUND OF THE STATE SEVEN DOLLARS AND FIFTY CENTS FOR EACH ESTATE OPENED IN THE COUNTY PROBATE COURT MUST BE DEPOSITED IN THE PROBATE RELIEF FUND; AND BY ADDING SECTION 14-23-1160 SO AS TO ESTABLISH AND PROVIDE PROCEDURES FOR OPERATION OF THE PROBATE RELIEF FUND TO REIMBURSE PERSONS CONDUCTING BUSINESS IN THE PROBATE COURT WHO HAVE LOST FUNDS DUE TO THEFT OR FRAUD PERPETRATED WITHIN THE PROBATE COURT BY A PROBATE JUDGE OR PROBATE COURT PERSONNEL, AND TO PROVIDE FOR THE ABOLISHMENT OF THE FUND AND TERMINATION OF THE FEE TWO YEARS AFTER NO CLAIM IS FILED.

Referred to Committee on Judiciary.

H. 4098 -- Reps. Kelley and Harrison: A BILL TO AMEND TITLE 20, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE OMNIBUS FOSTER CARE REFORM ACT OF 1995.

Referred to Committee on Judiciary.

Referred to Committee on Ways and Means.

H. 4100 -- Rep. Thomas: A BILL TO AMEND SECTION 44-55-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A COUNTY TO COLLECT AND DISPOSE OF SOLID WASTE AND LEVY A SERVICE CHARGE FOR COLLECTION SERVICES, SO AS TO ADD THE AUTHORITY TO LEVY A SERVICE CHARGE FOR DISPOSAL OF SOLID WASTE, AND PROVIDE A PROCEDURE FOR COLLECTING A DELINQUENT SERVICE CHARGE.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 4101 -- Reps. Witherspoon and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 30 TO TITLE 46 SO AS TO PROVIDE FOR A REFERENDUM TO APPROVE AN ASSESSMENT ON MARKETED TOBACCO TO PROVIDE FUNDS FOR TOBACCO PRODUCTION RESEARCH.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 4102 -- Reps. Neal, Scott, Cobb-Hunter and Canty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 121 TO TITLE 44 SO AS TO ENACT THE ENVIRONMENTAL BILL OF RIGHTS ACT; TO AUTHORIZE A CIVIL ACTION FOR DECLARATORY OR EQUITABLE RELIEF BROUGHT IN THE NAME OF THE STATE FOR THE PROTECTION OF AIR, WATER, LAND, AND OTHER NATURAL RESOURCES; TO PROVIDE EXCEPTIONS AND PROCEDURES; AND TO AUTHORIZE A CIVIL ACTION FOR DECLARATORY OR EQUITABLE RELIEF AGAINST THE STATE CHALLENGING ENVIRONMENTAL QUALITY STANDARDS PROMULGATED OR ISSUED BY THE STATE.

Referred to Committee on Judiciary.

Referred to Committee on Education and Public Works.

H. 4104 -- Rep. Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-90, SO AS TO PROVIDE THAT A COUNTY OR MUNICIPALITY, BUT NOT BOTH, MAY BY ORDINANCE IMPOSE A FEE ON THE TRANSFER OF REAL PROPERTY, PROVIDE CERTAIN CONDITIONS UNDER WHICH THE FEE MAY BE IMPOSED, AND PROVIDE FOR RELATED MATTERS; AND TO REPEAL SECTION 6-1-70, RELATING TO LOCAL GOVERNMENT, REAL ESTATE TRANSFER FEES, AND REMITTANCE TO THE STATE TREASURER.

Referred to Committee on Labor, Commerce and Industry.

H. 4105 -- Reps. Neilson, Bailey, Cromer, Easterday, Kirsh, Simrill, Jaskwhich, Hines and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-3-455 SO AS TO PROVIDE THAT THE SUPREME COURT BY RULE SHALL ESTABLISH WITHIN THE JUDICIAL DEPARTMENT A CENTRALIZED DATA BASE WHERE MEMBERS OF THE GENERAL PUBLIC MAY OBTAIN INFORMATION WHICH IS AVAILABLE TO THE PUBLIC CONCERNING GRIEVANCES OR DISCIPLINARY ACTIONS TAKEN AGAINST ANY JUDGE OF A COURT OF THIS STATE OR ANY ATTORNEY AT LAW LICENSED TO PRACTICE IN THIS STATE.

Referred to Committee on Judiciary.

Referred to Committee on Ways and Means.

H. 4107 -- Reps. Neilson, Kirsh, Moody-Lawrence, Jaskwhich and Hines: A BILL TO AMEND ARTICLE 1, CHAPTER 15, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COURT STENOGRAPHERS IN THE CIRCUIT COURT, SO AS TO PROVIDE THAT THESE COURT STENOGRAPHERS MUST BE EMPLOYED BY THE STATE COURT ADMINISTRATOR AND NOT THE JUDGES OF THESE COURTS; AND TO AMEND SECTION 20-7-1360, RELATING TO PERSONNEL OF THE FAMILY COURT SYSTEM, SO AS TO PROVIDE THAT COURT REPORTERS FOR THE FAMILY COURT MUST BE EMPLOYED BY THE STATE COURT ADMINISTRATOR AND NOT THE JUDGES OF THESE COURTS.

Referred to Committee on Judiciary.

H. 4108 -- Reps. Neilson, Herdklotz, A. Young, Fair, Easterday and Jaskwhich: A BILL TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE OF A PERSON WHO OPERATES A MOTOR VEHICLE UPON THE PUBLIC ROADS OF THIS STATE, SO AS TO DECREASE THE PERCENTAGES OF ALCOHOL IN A PERSON'S BLOOD USED TO CREATE PRESUMPTIONS OF UNDER THE INFLUENCE OR NO PRESUMPTION OF BEING UNDER THE INFLUENCE WHICH MUST BE USED IN DETERMINING THE GUILT OF A PERSON VIOLATING THE PROVISIONS OF SECTION 56-5-2930 AND TO PROVIDE THAT IT MUST BE INFERRED THAT A PERSON IS UNDER THE INFLUENCE OF ALCOHOL IF THERE WAS AT THAT

Referred to Committee on Judiciary.

H. 4109 -- Reps. Jennings and Cromer: A BILL TO AMEND SECTION 34-11-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FRAUDULENT CHECKS, SO AS TO PROVIDE THAT NO WARRANT FOR FRAUDULENT CHECK VIOLATIONS MAY BE OBTAINED MORE THAN NINETY DAYS RATHER THAN ONE HUNDRED EIGHTY DAYS AFTER THE DATE THE CHECK WAS UTTERED; TO AMEND SECTION 34-11-70, AS AMENDED, RELATING TO FRAUDULENT CHECKS, SO AS TO INCREASE THE SERVICE CHARGES AND ADMINISTRATIVE COSTS WHICH SHALL BE PAID TO THE PAYEE OF THE INSTRUMENT AND THE COURT FROM TWENTY TO TWENTY-FIVE DOLLARS AND TO PROVIDE THAT PERSONS APPLYING FOR A WARRANT FOR PROSECUTION WHO FAIL TO PROVIDE CERTAIN REQUIRED NOTICE TO THE COURT UPON SATISFACTION OF THE INSTRUMENT SHALL PAY A CIVIL PENALTY OF TWENTY-FIVE DOLLARS; TO AMEND SECTION 34-11-90, AS AMENDED, RELATING TO FRAUDULENT CHECKS, SO AS TO REFLECT THE ABOVE INCREASES IN THE SERVICE CHARGES AND ADMINISTRATIVE COSTS AND TO INCREASE THE AMOUNT OF THE FINES WHICH MAY BE IMPOSED FOR CERTAIN VIOLATIONS; BY ADDING SECTION 34-11-85 SO AS TO REQUIRE BANKS OR FINANCIAL INSTITUTIONS TO VERIFY ALL EMPLOYMENT AND FINANCIAL INFORMATION GIVEN ON THE APPLICATION FOR A CHECKING ACCOUNT, TO CAUSE THE DATE THE CHECKING ACCOUNT WAS OPENED TO BE PLACED ON THE FACE OF THE CHECKS THE CONSUMER ORDERS THROUGH THE BANK, AND TO REQUIRE THE BANK TO NUMBER THESE CHECKS BEGINNING WITH THE NUMBER `100'; BY ADDING SECTION 34-11-86 SO AS TO REQUIRE CERTAIN PERSONS WITH MULTIPLE FRAUDULENT CHECK CONVICTIONS TO PROVIDE A BOND OR OTHER FINANCIAL GUARANTEE TO THE BANK OR FINANCIAL INSTITUTION WHERE HIS CHECKING ACCOUNT IS OR WILL BE LOCATED TO INDEMNIFY A PAYEE, ENDORSEE, OR THIRD PARTY AGAINST LOSS; AND BY ADDING SECTION 37-17-10 SO AS TO REQUIRE CERTAIN PERSONS ENGAGING IN CHECK COLLECTION SERVICES FOR A FEE TO PROVIDE A BOND OR FINANCIAL GUARANTEE TO THE

Referred to Committee on Judiciary.

H. 4110 -- Reps. Jennings and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-45 SO AS TO PROVIDE THAT ANY PERSON WHO IS CONVICTED OF MULTIPLE FRAUDULENT CHECK VIOLATIONS IN EACH OF THREE SEPARATE CALENDAR YEARS IS CONSIDERED AN HABITUAL CHECK OFFENDER AND AS SUCH SHALL BE SUBJECT TO ADDITIONAL CRIMINAL PENALTIES FOR FRAUDULENT CHECK VIOLATIONS.

Referred to Committee on Judiciary.

H. 4111 -- Reps. L. Whipper, Cromer, Kennedy, Inabinett, Breeland, Cobb-Hunter, Neal, Hallman, Allison, White, Cave, Moody-Lawrence, Howard, J. Brown, McMahand, Scott, S. Whipper, Phillips, Chamblee, Byrd, T. Brown, Wells, Seithel and Townsend: A BILL TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR A THREE-MEMBER JOINT COMMITTEE COMPOSED OF ACTIVE AND RETIRED JUDGES TO REVIEW THE QUALIFICATIONS OF INCUMBENT JUDGES WHO DESIRE TO BE RE-ELECTED TO THE SAME JUDICIAL OFFICE AND TO REVIEW THE QUALIFICATIONS OF OTHER CANDIDATES FOR THAT JUDICIAL OFFICE.

Referred to Committee on Judiciary.

H. 4112 -- Reps. Hutson, Chamblee, Limehouse, Stoddard, Wright, Seithel, Cromer, Thomas, Quinn, Witherspoon, Stille, Shissias, Wofford, Hallman, Riser, Harrell, Cato, Haskins, Fulmer, Dantzler, Vaughn, Fleming, Knotts, H. Brown and J. Harris: A BILL TO AMEND SECTION 56-5-1350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TABULATION, ANALYSIS, AND PUBLICATION OF STATISTICAL INFORMATION REGARDING ACCIDENT REPORTS, SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO COMPILE THIS INFORMATION FOR EACH ONE HUNDRED METER STRETCH OF HIGHWAY WHERE TWO OR MORE TRAFFIC ACCIDENTS HAVE OCCURRED, AND TO

Referred to Committee on Education and Public Works.

H. 4113 -- Reps. Cotty and Hodges: A BILL TO AMEND SECTION 29-3-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES AND DEEDS OF TRUST, FORECLOSURE, AND APPLICATION FOR ORDER OF APPRAISAL, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT, EXCEPT IN ANY REAL ESTATE FORECLOSURE PROCEEDING RELATING TO A DWELLING PLACE OR TO A CONSUMER CREDIT TRANSACTION, A DEFENDANT AGAINST WHOM A PERSONAL JUDGMENT MAY BE TAKEN ON A REAL ESTATE SECURED TRANSACTION MAY WAIVE THE APPRAISAL RIGHTS IF THE DEBTORS, MAKERS, BORROWERS, AND/OR GUARANTORS ARE NOTIFIED IN WRITING BEFORE THE TRANSACTION THAT A WAIVER OF APPRAISAL RIGHTS WILL BE REQUIRED AND UPON SIGNING A CERTAIN STATEMENT DURING THE TRANSACTION; AND TO AMEND SECTION 29-3-700, RELATING TO MORTGAGES AND DEEDS OF TRUST, FORECLOSURE, AND THE ORDER FOR APPRAISAL, SO AS TO PROVIDE THAT THE APPRAISAL BE CONDUCTED BY THREE DISINTERESTED STATE CERTIFIED GENERAL REAL ESTATE APPRAISERS, RATHER THAN "THREE DISINTERESTED FREEHOLDERS OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED".

Referred to Committee on Judiciary.

H. 4114 -- Reps. Hines, Clyburn, Inabinett, R. Smith, Lloyd and Huff: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-235 SO AS TO PROVIDE THAT SHERIFFS IN UNINCORPORATED AREAS OF A COUNTY AND MUNICIPAL LAW ENFORCEMENT DEPARTMENTS IN INCORPORATED AREAS OF A COUNTY SHALL PROVIDE APPROPRIATE POLICE ESCORTS FOR FUNERAL PROCESSIONS IN THESE AREAS UPON REQUEST OF THE FUNERAL HOME DIRECTOR SUPERVISING THE FUNERAL.

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

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

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

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

I came in after the roll call and was present for the Session on Wednesday, April 12.

Timothy C. Wilkes        Dan L. Tripp
Jackson S. Whipper       Carole C. Wells
Harry C. Stille          Ronald N. Fleming
Gilda Cobb-Hunter        James H. Harrison
C. Alex Harvin, III

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

Reps. SHARPE and McELVEEN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, April 11.

Announcement was made that Dr. Larry Winn of Easley is the Doctor of the Day for the General Assembly.

Rep. WRIGHT and the Lexington County Delegation, presented to the House the Irmo-Chapin Senior Basketball Team, winners of the United States National Senior Olympics, and their coach.

The following was received.
Columbia, S.C., April 6, 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. 27, S. 585 by a vote of 45 to 0.
(R27) S. 585 -- Senator Reese: AN ACT TO AMEND ACT 813 OF 1946, AS AMENDED, RELATING TO THE CREATION OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE COMMISSION.
Very respectfully,
President

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