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Amend title to conform.

Rep. RICHARDSON explained the amendment.

The amendment was then adopted.

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

On motion of Rep. ANDERSON, with unanimous consent, it was ordered that H. 3242 be read the third time tomorrow.

The following Bill was taken up.

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.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5728HTC.95).

Amend the bill, as and if amended, by striking Section 12-21-735, as contained in SECTION 1, page 1, and inserting:

/Section 12-21-735. Each person or distributor of tobacco products taxable under this article, first receiving untaxed tobacco products for sale or distribution in this State, is subject to the tax imposed in Section

The department shall require bonds or statements of financial stability satisfactory to the department to cover possible losses resulting from failure to remit taxes due./

Amend further, page 1, by striking SECTION 3, and inserting:

/SECTION 3. This act takes effect January 1, 1996./

Amend title to conform.

Rep. LAW explained the amendment.

Reps. ANDERSON, J. BROWN and McMAHAND objected to the Bill.

Rep. EASTERDAY moved to adjourn debate upon the Bill until Tuesday, April 18, which was adopted.

The following Bill was taken up.

H. 3535 -- Reps. Delleney, Martin, Baxley, Knotts, Littlejohn, A. Young, Harrison, Wright, Sheheen, J. Harris and Thomas: A BILL TO AMEND SECTION 20-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFER OF JUVENILE JURISDICTION, SO AS TO REQUIRE THE FAMILY COURT TO TRANSFER JURISDICTION OF A CHILD FOURTEEN YEARS OF AGE OR OLDER IF THE CHILD HAS BEEN CHARGED WITH AN OFFENSE THAT, IF COMMITTED BY AN ADULT, WOULD PROVIDE FOR A TERM OF IMPRISONMENT FOR TEN YEARS OR MORE AND THE CHILD HAS TWO PRIOR ADJUDICATIONS FOR OFFENSES CARRYING THE SAME SENTENCE.

Amend the bill, as and if amended, Section 1, page 1, line 35 by inserting after /adult./ /For the purpose of this item, an adjudication or conviction is considered a second adjudication or conviction only if the date of the commission of the second offense occurred subsequent to the imposition of the sentence for the first offense./

So that, when amended, item (10) reads:

/(10) If a child fourteen years of age or older is charged with an offense which, if committed by an adult, provides for a term of imprisonment of ten years or more and the child previously has been adjudicated delinquent in Family Court or convicted in Circuit Court for two prior offenses which, if committed by an adult, provide for a term of imprisonment of ten years or more, the court acting as committing magistrate shall bind over the child for proper criminal proceedings to a court which would have trial jurisdiction of the offense if committed by an adult. For the purpose of this item, an adjudication or conviction is considered a second adjudication or conviction only if the date of the commission of the second offense occurred subsequent to the imposition of the sentence for the first offense./

Amend title to conform.

Rep. DELLENEY explained the amendment.

Reps. HOWARD and SCOTT objected to the Bill.

The amendment was then adopted.

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

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3361 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.
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 Joint Resolution, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. From fiscal year 1993-94 surplus revenues, the following sums are appropriated from the general fund of the State for the purposes stated:

(1) BCB-Division of

Operations

Statehouse

Renovations. . . . .17,000,000

(2) Coordinating Council

for Economic Development

Economic Development

Projects. . . . .4,700,000

(3) Technical Education

Commission

Special Schools. . . . .3,775,731

(4) Guardian Ad

Litem

Operating. . . . .200,000

(5) Forestry Commission

Firefighting

Equipment. . . . .4,600,000

(6) Department of

Corrections

Ridgeland Institution. . . . .3,129,908

(7) Clemson-PSA

Garrison Livestock. . . . .1,900,000

Arena

(8) John de la Howe

Sewer Repairs. . . . .425,000

(10) University of Charleston

Center for Enterpreneurship. . . . .300,000

Total. . . . .38,787,632

SECTION 2. The Clerk of the House, the Clerk of the Senate, and the Director of the Division of Operations of the Budget and Control Board or their respective designees shall act as agents of the State House Committee and shall be responsible for the administration and implementation of the State House renovation project. Any changes or modifications to the project which would constitute a substantive modification of the overall project, as approved by the State House Committee, must be considered and approved by the State House Committee. Notwithstanding any other provision of law, regulation, code, or ordinance in effect or effective subsequent to the approval of this resolution (except H. 3816 if such legislation is adopted by the General Assembly or legislation substantially similar in content to H. 3816), these individuals shall have the authority to:

(1) approve the expenditure of funds appropriated pursuant to Section 1(1) of this resolution or any other funds appropriated for, or available for, the above referenced projects;

(2) manage and make all necessary decisions that may arise with regard to every aspect of the project including, but not limited to, the hiring and supervision of consultants or other personnel responsible for all aspects of the project.

The respective clerks shall have responsibility for any and all decisions relating to the renovations and upfitting in any areas of the State House currently being utilized by their respective bodies, which do not constitute substantive modifications to the overall project.

SECTION 3. Of the funds appropriated for the Coordinating Council for Economic Development in Section 1 of this joint resolution, an amount not to exceed $1,500,000 may be expended by the State Budget and Control Board in support of (1) any South Carolina military facility or activity identified as being at risk of closure by the Base Closure and Realignment Commission and/or (2) any other federal facility for which the reduction in forces or activities will result in the loss of three thousand five hundred or more jobs, as projected or announced by the federal government. These expenditures must be made in consultation with the leadership of the affected local community, but in no instance may more than $500,000 be used in support of any single entity or activity. If not committed by May 31, 1995, or sooner if released by the State Budget and

SECTION 4. Unexpended funds appropriated pursuant to this joint resolution may be carried forward to succeeding fiscal years and expended for the same purposes.

SECTION 5. This joint resolution takes effect upon approval by the Governor./

Amend title to conform.

/s/J. Verne Smith /s/Henry E. Brown, Jr.
/s/Ernest L. Passailaigue, Jr./s/Thomas G. Keegan
/s/Harvey S. Peeler /s/Herbert Kirsh

On Part of the Senate. On Part of the House.

Rep. H. BROWN explained the Conference Report.

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

Reps. SCOTT and HOWARD withdrew their objections to the following Bill.

H. 3535 -- Reps. Delleney, Martin, Baxley, Knotts, Littlejohn, A. Young, Harrison, Wright, Sheheen, J. Harris and Thomas: A BILL TO AMEND SECTION 20-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFER OF JUVENILE JURISDICTION, SO AS TO REQUIRE THE FAMILY COURT TO TRANSFER JURISDICTION OF A CHILD FOURTEEN YEARS OF AGE OR OLDER IF THE CHILD HAS BEEN CHARGED WITH AN OFFENSE THAT, IF COMMITTED BY AN ADULT, WOULD PROVIDE FOR A TERM OF IMPRISONMENT FOR TEN YEARS OR MORE AND THE CHILD HAS TWO PRIOR ADJUDICATIONS FOR OFFENSES CARRYING THE SAME SENTENCE.

Reps. TOWNSEND, WALDROP, SIMRILL, LIMBAUGH, FLEMING, KIRSH and HERDKLOTZ withdrew their objections to the following Bill.

H. 3907 -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND TITLE 44, CHAPTER 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HAZARDOUS WASTE, BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR DRYCLEANING FACILITY DISCHARGE REHABILITATION, TO CREATE THE DRYCLEANING FACILITY RESTORATION TRUST FUND AND PROVIDE FOR ITS USES, TO ESTABLISH PROCEDURES FOR RECEIVING SITE REHABILITATION FUNDS, TO REQUIRE DRYCLEANING FACILITIES TO REGISTER AND PAY FEES, TO ESTABLISH SURCHARGES FOR CONDUCTING A DRYCLEANING BUSINESS OR FOR PRODUCING OR IMPORTING DRYCLEANING SOLVENTS, AND TO ESTABLISH THE DRYCLEANING ADVISORY COUNCIL AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES.

Reps. COOPER and J. YOUNG withdrew their objections to S. 463 however, other objections remained upon the Bill.

Rep. COTTY withdrew his objection to H. 3203 however, other objections remained upon the Bill.

Reps. LIMEHOUSE and RICHARDSON withdrew their objections to S. 463 however, other objections remained upon the Bill.

Rep. MASON withdrew his objection to H. 3203 however, other objections remained upon the Bill.

The motion of Rep. G. BROWN to reconsider the vote whereby the following Bill was given a second reading was taken up.

H. 3320 -- Reps. Cooper, Witherspoon, Meacham, Chamblee, Tripp, P. Harris, Cato, Trotter, Thomas, Townsend and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-870 SO AS TO RESTRICT THE USE OF PERSONAL WATERCRAFT INCLUDING JET SKIS AND PROVIDE PENALTIES FOR VIOLATIONS.

Rep. COOPER moved to table the motion to reconsider, which was agreed to.

On motion of Rep. SPEARMAN, with unanimous consent, the following Concurrent Resolution was ordered recalled from the Committee on Invitations and Memorial Resolutions.

H. 3886 -- Reps. Spearman, McAbee and Clyburn: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF HIGHWAY 378 IN SALUDA COUNTY AS THE "CANDLER GRADY MATTHEWS, SR. HIGHWAY".

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

H. 3320 -- Reps. Cooper, Witherspoon, Meacham, Chamblee, Tripp, P. Harris, Cato, Trotter, Thomas, Townsend and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-870 SO AS TO RESTRICT THE USE OF PERSONAL WATERCRAFT INCLUDING JET SKIS AND PROVIDE PENALTIES FOR VIOLATIONS.

The following Concurrent Resolution was taken up.

H. 3784 -- Rep. Waldrop: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO

Whereas, the late J. C. Neel of Newberry County was an outstanding individual and greatly beloved by his fellow citizens; and

Whereas, Mr. Neel was primarily responsible for the development of South Carolina Highway 121 in Newberry County; and

Whereas, it is fitting and proper that the portion of South Carolina Highway 121 in Newberry County from the City of Newberry to the juncture of Highway 121 with United States Highway 176 be designated and named the "J. C. Neel Memorial Highway" as a lasting tribute to this distinguished South Carolinian. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, requests the Department of Transportation to designate and name the portion of South Carolina Highway 121 in Newberry County from the City of Newberry to the juncture of Highway 121 with United States Highway 176 as the "J. C. Neel Memorial Highway" and to install appropriate markers or signs at places along the highway as the department considers advisable containing the words "J. C. Neel Memorial Highway".

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and to the family of J. C. Neel.

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

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

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

H. 4115 -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-470 SO AS TO REQUIRE A SCHOOL DISTRICT TO NOTIFY LOCAL LAW ENFORCEMENT WHEN A STUDENT IS DISCIPLINED FOR CARRYING A WEAPON ON SCHOOL GROUNDS.

Referred to Committee on Education and Public Works.

Referred to Committee on Judiciary.

H. 4117 -- Reps. S. Whipper, Phillips, Beatty, Huff and Harvin: A BILL TO AMEND SECTION 8-27-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL ACTIONS AGAINST A PUBLIC BODY FOR RETALIATION AGAINST AN EMPLOYEE, SO AS TO PROVIDE THAT THE EMPLOYEE MAY INSTITUTE A JURY CIVIL ACTION INSTEAD OF NONJURY, AND MAKE THE REMEDIES CONSISTENT WITH THOSE PROVIDED IN THE GOVERNMENTAL TORT CLAIMS ACT.

Referred to Committee on Judiciary.

H. 4118 -- Rep. Kirsh: A BILL TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL CARRYING OF PISTOL AND EXCEPTIONS, SO AS TO ALLOW RESERVE POLICE OFFICERS TO CARRY A PISTOL IN ALL CIRCUMSTANCES.

Referred to Committee on Judiciary.

H. 4119 -- Rep. Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-210 SO AS TO PROVIDE THAT THE MINIMUM SALARY SCHEDULE FOR PUBLIC SCHOOL TEACHERS OR ADMINISTRATORS APPLIES TO ACADEMIC FACULTY OF STATE INSTITUTIONS OF HIGHER LEARNING WHEN THE PROFESSIONAL OR EDUCATIONAL REQUIREMENTS ARE MET.

Referred to Committee on Ways and Means.

H. 4120 -- Rep. Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-15-70 SO AS TO AUTHORIZE ANY EMPLOYEE OF THE STATE TO APPLY FOR A VACANCY IN A CLASSIFIED POSITION FOR

Referred to Committee on Ways and Means.

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