Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

1995 HOUSE BILLS AND RESOLUTIONS

| Index to Bills 3000-3061 | Index to Bills 3062-3099 | Index to Bills 3100-3149 |
| Index to Bills 3150-3187 | Index to Bills 3188-3238 | Index to Bills 3239-3299 |
| Index to Bills 3300-3359 | Index to Bills 3360-3369 | Index to Bills 3370-3439 |
| Index to Bills 3440-3499 | Index to Bills 3500-3554 | Index to Bills 3555-3599 |
| Index to Bills 3600-3613 | Index to Bills 3614-3659 | Index to Bills 3660-3704 |
| Index to Bills 3705-3759 | Index to Bills 3760-3794 | Index to Bills 3795-3841 |
| Index to Bills 3842-3906 | Index to Bills 3907-3956 | Index to Bills 3957-4012 |
| Index to Bills 4013-4067 | Index to Bills 4068-4129 | Index to Bills 4130-4182 |
| Index to Bills 4183-4249 | Index to Bills 4250-4310 |

H. 3660 -- Reps. Scott and Harrison: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE FEASIBILITY OF IMPLEMENTING A STATEWIDE MASS TRANSPORTATION SYSTEM.

H. 3661 -- Reps. Sandifer, Seithel, Hallman, Herdklotz, Littlejohn, Sharpe, Cain, Cooper, Harrell, Lanford, Harrison, S. Whipper, Witherspoon, Whatley, Jaskwhich, Fulmer, Walker, Thomas, Robinson, Fleming, Phillips, Trotter, Wells, Rice, McCraw, Wofford, Huff, Stoddard, Haskins, Marchbanks, Riser, Cato, J. Young, Chamblee, Davenport, A. Young, Beatty, Cromer and Mason: A BILL TO AMEND SECTION 22-5-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED BY MUNICIPAL AUTHORITIES OR MAGISTRATES OF ANOTHER COUNTY, SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICERS OF A MUNICIPALITY, WITH THE ASSISTANCE OF LAW ENFORCEMENT OFFICIALS OF THE COUNTY IN WHICH THE MUNICIPALITY IS LOCATED, MAY SERVE A WARRANT ON A PERSON INCARCERATED IN THAT COUNTY'S JAIL OR DETENTION CENTER WHO IS CHARGED WITH A VIOLATION OF A MUNICIPAL ORDINANCE OR OTHER PROVISIONS OF LAW UNDER THE JURISDICTION OF THE MUNICIPALITY WITHOUT THE NECESSITY OF A MAGISTRATE OF THE COUNTY ENDORSING THE WARRANT.

H. 3662 -- Rep. Kirsh: A BILL TO AMEND SECTION 8-13-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO AUTHORIZE A COMPLAINANT TO WAIVE THE RIGHT OF CONFIDENTIALITY TO MATTERS INVOLVING A COMPLAINT FILED WITH THE COMMISSION.

H. 3663 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2340 SO AS TO CREATE AN ANTIQUE MOTOR VEHICLE DEALER LICENSE PLATE.

H. 3664 -- Reps. Simrill, Meacham, R. Smith, Whatley, Cato, Sharpe, Limehouse, Limbaugh, Gamble, Littlejohn, Trotter, Robinson, Davenport, Rice, Seithel, Walker, Lanford and Knotts: A BILL TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS, CONFIDENTIALITY, AND FINGERPRINTING OF JUVENILES, SO AS TO REMOVE THE CONFIDENTIALITY FOR THE NAME, IDENTITY, PICTURE, AND RECORDS OF JUVENILES FOURTEEN YEARS OLD AND OLDER.

H. 3665 -- Reps. Gamble, Cato, Worley, G. Brown and L. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-933 SO AS TO PROVIDE REQUIREMENTS FOR CONSUMER LEASES FOR AUTOMOBILES.

H. 3666 -- Education and Public Works Committee: A BILL TO AMEND TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 37 SO AS TO AUTHORIZE COUNTIES TO ESTABLISH OPTIONAL METHODS FOR THE FINANCING OF TRANSPORTATION FACILITIES INCLUDING THE ACQUISITION, CONSTRUCTION, EQUIPMENT, AND OPERATION OF HIGHWAYS, ROADS, STREETS, BRIDGES, AND OTHER TRANSPORTATION- RELATED PROJECTS EITHER ALONE, IN PARTNERSHIP WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, OR JOINTLY-OPERATED PROJECTS OF THE COUNTY AND OTHER GOVERNMENTAL ENTITIES, TO AMEND SECTION 57-3-615, RELATING TO TOLLS ADMINISTERED BY THE DEPARTMENT OF TRANSPORTATION SO AS TO PROVIDE THAT A TOLL PROJECT IN EXCESS OF ONE HUNDRED FIFTY MILLION DOLLARS MAY ONLY BE INITIATED AS PROVIDED IN CHAPTER 37 OF TITLE 4, AND AMEND SECTION 57-5-1330, RELATING TO THE POWERS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT MAY NOT DESIGNATE AS A TURNPIKE FACILITY ANY HIGHWAY, ROAD, BRIDGE, OR OTHER TRANSPORTATION FACILITY FUNDED IN WHOLE OR IN PART BY A LOCAL OPTION SALES AND USE TAX AS PROVIDED IN CHAPTER 37 OF TITLE 4.

H. 3667 -- Rep. Huff: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-895 SO AS TO PROVIDE THAT A PRIVATE AIRCRAFT HANGARED IN A JURISDICTION OTHER THAN WHERE THE OWNER RESIDES OR IS SITUATED MAY, AT THE OWNER'S ELECTION, BE TAXED IN THE JURISDICTION WHERE THE AIRCRAFT IS HANGARED AND TO PROVIDE THE METHOD OF MAKING THE ELECTION.

H. 3668 -- Reps. Neilson, Inabinett, Kirsh, Moody-Lawrence, Govan, Lloyd, Howard and Byrd: A BILL TO AMEND SECTION 20-7-1480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF THE FAMILY COURT SYSTEM BY RULE OF THE SUPREME COURT, SO AS TO PROVIDE FOR JURY TRIALS IN THE FAMILY COURT AND THE PROCEDURES FOR JURY TRIALS; AND TO AMEND SECTION 20-7-755, AS AMENDED, RELATING TO THE CONDUCT OF HEARINGS IN THE FAMILY COURT IN CASES INVOLVING CHILDREN, SO AS TO DELETE A PROHIBITION AGAINST SUCH CASES BEING CONDUCTED WITHOUT A JURY.

H. 3669 -- Reps. Neilson, Mason, Lloyd, Littlejohn, Cotty, Jaskwhich, Simrill, Hutson, Stuart, Tripp, Herdklotz, Vaughn, McMahand, Fair, Robinson, Davenport, Easterday, Marchbanks, Rice and Cato: A BILL TO AMEND SECTION 56-5-2940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR A PERSON WHO DRIVES WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, NARCOTICS, OR SIMILAR SUBSTANCES, SO AS TO MAKE A SECOND OFFENSE OR SUBSEQUENT OFFENSE A FELONY.

H. 3670 -- Reps. Neilson, Cobb-Hunter, Hines, Wilder, Rice, Easterday, Hutson, Tripp, Littlejohn, Herdklotz, Vaughn, Robinson, Davenport, Fair, Cato, Marchbanks and Stuart: 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 TIME EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR MORE BY WEIGHT OF ALCOHOL IN THE PERSON'S BLOOD.

H. 3671 -- Rep. Askins: A BILL TO AMEND SECTION 12-36-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALES TAX DUE ON THE SALE OF A MOTOR VEHICLE TO A RESIDENT OF ANOTHER STATE FOR LICENSING IN THE OTHER STATE, SO AS TO EXTEND THIS CALCULATION OF THE TAX DUE TO BOATS AND MOTORS SOLD TO A RESIDENT OF ANOTHER STATE FOR LICENSING IN THE OTHER STATE.

H. 3672 -- Reps. T. Brown and Thomas: A CONCURRENT RESOLUTION SALUTING KENNETH WRIGHT OF GEORGETOWN COUNTY FOR HIS ACTS OF HEROISM AND BRAVERY IN SAVING THE LIFE OF A FELLOW HUMAN BEING FROM A BURNING HOME.

H. 3673 -- Rep. T. Brown: A CONCURRENT RESOLUTION SALUTING DARELL NETTLES OF GEORGETOWN COUNTY FOR HIS ACTS OF HEROISM AND BRAVERY IN SAVING THE LIFE OF A FELLOW HUMAN BEING FROM A BURNING HOME.

H. 3674 -- Rep. Spearman: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 15, 1995, AND FRIDAY, JUNE 16, 1995.

H. 3675 -- Reps. Neilson, Sharpe, Simrill, Law, Mason, Easterday, Jaskwhich, Robinson, Limehouse, Tripp, Herdklotz, Vaughn, Rice, Cato, Davenport and Hutson: A CONCURRENT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY THE FEASIBILITY OF ESTABLISHING A VOUCHER OR CERTIFICATE SYSTEM FOR ATTENDING PUBLIC, PRIVATE, OR RELIGIOUS SCHOOLS, TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, AND TO PROVIDE THAT THE COMMITTEE SHALL REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY BY JANUARY 1, 1996.

H. 3676 -- Reps. Trotter, Meacham, Hutson, P. Harris, L. Whipper, Cooper, Townsend, Simrill, Tripp, Cain, Hines, S. Whipper, Neilson, Kirsh, Limehouse, Anderson, Robinson, Breeland, Rice, Chamblee, Marchbanks, Easterday, Stoddard, Waldrop, Spearman and Sandifer: A BILL TO AMEND SECTION 40-15-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS UNDER WHICH A PERSON IS CONSIDERED TO BE PRACTICING DENTAL HYGIENE, SO AS TO REVISE CIRCUMSTANCES IN SCHOOL SETTINGS UNDER WHICH A SEALANT MAY BE APPLIED AND A PROPHYLAXIS PERFORMED BY A DENTAL HYGIENIST.

H. 3677 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-9-120 SO AS TO AUTHORIZE A PERSON TO FILE AN ALLEGATION OF A CODE VIOLATION WITH THE CHIEF ADMINISTRATIVE OFFICER OF A MUNICIPALITY OR COUNTY, PROVIDE THAT IF THE MATTER IS NOT RESOLVED WITHIN FIFTEEN DAYS THE SOUTH CAROLINA BUILDING CODE COUNCIL MAY INVESTIGATE THE ALLEGATION AND TAKE ACTION IT DEEMS NECESSARY, INCLUDING THE AUTHORITY TO LEVY A FINE OR REVOKE A LICENSE.

H. 3678 -- Reps. Cotty and Cromer: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SUPREME COURT; SECTION 8, ARTICLE V, RELATING TO THE COURT OF APPEALS; SECTION 13, ARTICLE V, RELATING TO THE JUDICIAL CIRCUITS AND THE COURTS THEREOF; SECTION 17, ARTICLE V, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES OF THE UNIFIED COURT SYSTEM; AND SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, AND THE CIRCUIT COURT, SO AS TO PROVIDE THAT JUDGES OF THESE COURTS MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FROM A LIST OF NOMINEES SUBMITTED BY THE SOUTH CAROLINA JUDICIAL NOMINATING COMMISSION; AND TO AMEND ARTICLE V OF THE CONSTITUTION OF THIS STATE RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO ESTABLISH THE SOUTH CAROLINA JUDICIAL NOMINATING COMMISSION TO NOMINATE CANDIDATES FOR THE ABOVE JUDICIAL OFFICES AND FOR JUDGES OF OTHER COURTS OF UNIFORM JURISDICTION AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.

H. 3679 -- Reps. Cotty and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO CREATE THE JUDICIAL NOMINATING COMMISSION AND TO ESTABLISH ITS POWERS, DUTIES, AND FUNCTIONS; TO AMEND SECTIONS 1-23-510, 1-23-520, 1-23-525, 1- 23-530, AND 1-23-550, RELATING TO JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE JUDGES MUST BE APPOINTED BY THE GOVERNOR, UPON THE ADVICE AND CONSENT OF THE SENATE FROM A LIST OF NOMINEES SUBMITTED BY THE JUDICIAL NOMINATING COMMISSION; 2-19-10, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO REVIEW CANDIDATES, SO AS TO DELETE PROVISIONS ON ELECTING THE MEMBERS OF THE JUDICIARY; 14-1-215, AS AMENDED, RELATING TO RETIRED JUDGES OR JUSTICES PRESIDING IN CERTAIN COURTS, SO AS TO FURTHER PROVIDE FOR THE MANNER AND CONDITIONS OF THIS SERVICE; 14-3-10, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO PROVIDE THAT THEY BE APPOINTED BY THE GOVERNOR IN THE MANNER PROVIDED ABOVE INSTEAD OF ELECTED BY THE GENERAL ASSEMBLY; 14- 3-20, RELATING TO THE QUALIFICATIONS OF JUSTICES TO THE SUPREME COURT, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR INSTEAD OF ELECTION BY THE GENERAL ASSEMBLY; 14-3-40, RELATING TO THE VACANCIES IN THE SUPREME COURT, SO AS TO PROVIDE FOR APPOINTMENTS TO FILL A VACANCY; 14-5-110, RELATING TO THE QUALIFICATIONS OF CIRCUIT COURT JUDGES, SO AS TO REFER TO THEIR APPOINTMENT RATHER THAN THEIR ELECTION; 14-5-160, RELATING TO THE ASSIGNMENT OF A JUDGE TO FILL A VACANCY, SO AS TO PROVIDE THE PROCEDURE TO FILL A VACANCY; 14-5-610, AS AMENDED, RELATING TO JUDICIAL CIRCUITS AND ELECTION OF JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-20, RELATING TO THE ELECTION OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-30, RELATING TO THE QUALIFICATIONS OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; 14-8-40, RELATING TO THE OATH OF OFFICE, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; 14- 8-60, RELATING TO THE VACANCIES ON THE COURT OF APPEALS, SO AS TO PROVIDE FOR THE PROCEDURE TO FILL A VACANCY; 20-7-1370, AS AMENDED, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 20-7-1410, RELATING TO THE INITIAL ELECTION OF FAMILY COURT JUDGE, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; AND TO REPEAL SECTIONS 2-19-70 AND 2-19-80, RELATING TO THE PROHIBITION AGAINST PLEDGING AND REOPENING OF FILING WHERE INCUMBENT JUDGES WITHDRAW, DIE, OR ARE FOUND NOT QUALIFIED, RESPECTIVELY; AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE ESTABLISHING THE JUDICIAL NOMINATING COMMISSION TO ASSIST THE GOVERNOR IN APPOINTING JUDGES FOR THE ABOVE-REFERENCED COURTS.

H. 3680 -- Reps. Canty, Inabinett and Stuart: A CONCURRENT RESOLUTION SALUTING ROBERT W. DWYER OF SUMTER FOR HIS DEVOTION TO HIS NATION, STATE, AND COMMUNITY.

H. 3681 -- Rep. Keyserling: A CONCURRENT RESOLUTION RECOGNIZING AND APPLAUDING THE EFFORTS OF MAIN STREET BEAUFORT, USA AND CELEBRATING ITS TENTH ANNIVERSARY BY NOTING ITS MANY SUCCESSES.

H. 3682 -- Rep. Law: A CONCURRENT RESOLUTION TO CONGRATULATE THE BERKELEY HIGH SCHOOL FOOTBALL TEAM, HEAD COACH JERRY BROWN AND HIS STAFF, AND SCHOOL OFFICIALS FOR WINNING THE CLASS AAAA DIVISION II STATE FOOTBALL CHAMPIONSHIP, AND TO RECOGNIZE THE DEDICATION, DRIVE, AND HARD WORK OF THIS FINE TEAM OF FOOTBALL PLAYERS AND THEIR COACHES.

3H. 3683 -- Reps. Seithel, Cain, G. Brown, Herdklotz, J. Young, Haskins, Simrill, Hallman, Keegan, Sandifer, Jaskwhich, Harrell, Vaughn, Moody- Lawrence, Trotter, Rice, Phillips, Whatley, Easterday, Wells, Marchbanks, Davenport, S. Whipper and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5- 35 SO AS TO PROHIBIT DRINKING GAMES IN ESTABLISHMENTS WHICH SELL ALCOHOLIC LIQUORS FOR CONSUMPTION ON THE PREMISES, TO PROVIDE PENALTIES, AND TO DEFINE "DRINKING GAMES" AND "ALCOHOLIC LIQUORS".

H. 3684 -- Reps. Stille, Herdklotz, Bailey, Phillips, McCraw, Simrill, Tripp, Cooper and H. Brown: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA GARNISHMENT ACT OF 1995"; TO PROVIDE PROCEDURES WHICH GRANT TO PERSONS WHO HAVE SUED TO RECOVER CERTAIN DEBTS OR HAVE RECOVERED CERTAIN JUDGMENTS AGAINST ANOTHER PERSON A RIGHT TO A WRIT OF GARNISHMENT, SUBJECTING TO GARNISHMENT UP TO SPECIFIED LIMITATIONS INCOME, WAGES, INTEREST, RENTS, DIVIDENDS, AND OTHER PERSONAL PROPERTY OF THE DEBTOR.

H. 3685 -- Reps. Walker, Baxley, Fleming, Neilson, Hines, Allison, Townsend, Beatty, Chamblee, Littlejohn, Wells, Davenport, Trotter, Lanford, Marchbanks and D. Smith: A BILL TO AMEND SECTION 59- 30-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TESTING ARRANGEMENTS ON THE EXIT EXAMINATION FOR STUDENTS WITH LEARNING DISABILITIES, SO AS TO PROVIDE THAT STUDENTS WITH DYSCALCULIA, AND WITH OTHER DOCUMENTED LEARNING DISABILITIES IN MATHEMATICS AS STIPULATED BY GUIDELINES OR REGULATION OF THE STATE BOARD OF EDUCATION, MAY USE A CALCULATOR ON THE MATH PORTIONS OF THE EXIT EXAMINATION.

H. 3686 -- Reps. Baxley, Walker, Fleming, Neilson, Hines, Davenport, Spearman, Littlejohn, Chamblee, Allison, Clyburn, Trotter, Wells, Beatty, Townsend, Lanford and Marchbanks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 54 TO TITLE 39 SO AS TO ENACT THE "ASSISTIVE TECHNOLOGY WARRANTY ACT"; TO DEFINE TERMS; TO PROVIDE FOR EXPRESS WARRANTIES; TO PROVIDE FOR THE DURATION OF THE WARRANTIES; TO PROVIDE FOR REPAIR OF NONCONFORMITIES; TO PROVIDE FOR RETURN AND REPLACEMENT OF ASSISTIVE TECHNOLOGY DEVICES; TO PROVIDE FOR PROCEDURES FOR RETURN OF NONCONFORMING ASSISTIVE TECHNOLOGY DEVICES; TO PROVIDE FOR CALCULATION OF REFUNDS OWING TO CONSUMERS AND SECURITY INTEREST HOLDERS; TO PROVIDE PROCEDURES AND REQUIREMENTS FOR TRANSFERRING REAL AND LEGAL POSSESSION OF A NONCONFORMING ASSISTIVE TECHNOLOGY DEVICE FROM THE CONSUMER TO THE MANUFACTURER; TO PROHIBIT RESALE OF RETURNED NONCONFORMING ASSISTIVE TECHNOLOGY DEVICES WITHOUT FULL DISCLOSURE; TO PROVIDE FOR THE RETURN OR REPLACEMENT OF ASSISTIVE TECHNOLOGY DEVICES RECOMMENDED BY THE ASSISTIVE TECHNOLOGY DEVICE MANUFACTURER OR DEALER IF THE DEVICE DOES NOT MEET THE NEEDS OF THE PERSON WITH A DISABILITY; TO PROVIDE THAT THIS CHAPTER DOES NOT LIMIT ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO THE CONSUMER; TO PROVIDE THAT ANY WAIVER OF A CONSUMER'S RIGHTS UNDER THIS CHAPTER IS VOID; TO AUTHORIZE CONSUMER ACTIONS FOR DAMAGES, FEES, COSTS, AND EQUITABLE RELIEF.

H. 3687 -- Reps. Keyserling, L. Whipper, Cobb-Hunter, Bailey, Inabinett, Richardson, Neal, Jennings, Lloyd, Breeland and Davenport: A BILL TO AMEND CHAPTER 9, TITLE 6, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES, SO AS TO REVISE THE REQUIREMENTS FOR THESE CODES, AND THE MANNER IN WHICH COUNTIES AND MUNICIPALITIES MUST ADOPT AND ENFORCE SUCH CODES, REVISE THE MEMBERSHIP OF THE BUILDING CODES COUNCIL, REVISE PENALTIES, PROVIDE FOR DUTIES OF THE STATE FIRE MARSHAL AND DEPUTY FIRE MARSHALS IN REGARD TO THESE CODES, AND PROVIDE FOR LIMITED APPLICATION OF THE CHAPTER; TO AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR BUILDING CODES ENFORCEMENT OFFICERS, AND FOR THEIR FUNCTIONS, DUTIES, AND REGISTRATION; AND ADDING SECTION 38-7-35 SO AS TO PROVIDE THE FIRST TWO HUNDRED FIFTY THOUSAND DOLLARS OF THE PREMIUM TAX LEVIED ON FIRE INSURERS MUST BE USED FOR THE PURPOSE OF IMPLEMENTING THE TRAINING, CERTIFICATION, AND CONTINUING EDUCATION PROGRAM FOR BUILDING CODES ENFORCEMENT OFFICERS.

H. 3688 -- Rep. Harvin: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 91 SO AS TO ENACT PROVISIONS FOR HEALTH CARE PURCHASING ALLIANCES, AND PROVIDE FOR RELATED MATTERS.

H. 3689 -- Reps. Byrd, Scott, Inabinett and Lloyd: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "GIFT OF LIFE ORGAN AND TISSUE PROCUREMENT ACT OF 1995" BY ADDING SECTION 12-7-2414 SO AS TO PROVIDE FOR AN INCOME TAX CHECKOFF FOR THE GIFT OF LIFE TRUST FUND; BY ADDING SECTION 44-43-720 SO AS TO REQUIRE CONSENT WHEN AN ORGAN REMOVED DURING AN AUTOPSY IS USED FOR ORGAN DONATION; BY ADDING SECTION 44-43-1012 SO AS TO PROHIBIT THE RELEASE OF THE IDENTITY OF AN ORGAN DONOR OR RECIPIENT WITHOUT CONSENT; BY ADDING SECTION 44-43-1014 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ANNUALLY REVIEW HOSPITAL DEATH RECORDS TO DETERMINE THE HOSPITALS' COMPLIANCE WITH ORGAN AND TISSUE PROTOCOLS; TO AMEND TITLE 44, CHAPTER 43, RELATING TO DISPOSITION OF HUMAN BODIES BY ADDING ARTICLE 13 SO AS TO ESTABLISH THE GIFT OF LIFE TRUST FUND AND ITS BOARD OF DIRECTORS AND TO PROVIDE FOR ITS PURPOSE, POWERS, AND DUTIES; TO ADD SECTION 56-1-143 SO AS TO REQUIRE THE DEPARTMENT OF REVENUE AND TAXATION TO GIVE PERSONS RENEWING THEIR DRIVER'S LICENSE AN OPPORTUNITY TO CONTRIBUTE ONE DOLLAR TO THE GIFT OF LIFE TRUST FUND; TO AMEND SECTION 17-5-260, RELATING TO NOTIFICATION TO THE MEDICAL EXAMINER OF CERTAIN DEATHS, SO AS TO REQUIRE THE MEDICAL EXAMINER TO PROVIDE THE AUTOPSY REPORT TO THE NEXT OF KIN IF REQUESTED AND TO STATE IF ANY ORGANS WERE REMOVED PERMANENTLY; TO AMEND SECTION 44-43-40, RELATING TO DRIVERS' LICENSES REFLECTING ORGAN DONATIONS, SO AS TO REQUIRE THE DEPARTMENT OF REVENUE AND TAXATION TO PLACE DONOR INFORMATION OBTAINED THROUGH DRIVER'S LICENSE ISSUANCE AND RENEWAL IN THE DEPARTMENT'S DATA BASE AND TO MAKE THIS AVAILABLE TO CERTAIN MEDICAL AND LAW ENFORCEMENT PERSONNEL; TO AMEND SECTION 44-43- 320, RELATING TO DEFINITIONS IN THE UNIFORM ANATOMICAL GIFT ACT, SO AS TO REVISE THE DEFINITION OF HOSPITAL; TO AMEND SECTION 44-43-330, AS AMENDED, RELATING TO PERSONS WHO MAY BE ORGAN DONORS, SO AS TO ALLOW SIXTEEN OR SEVENTEEN YEAR OLDS TO BE DONORS WITH PARENTAL CONSENT, TO PROVIDE THAT AN ORGAN DONATION GIFT MADE BY A PERSON BEFORE DEATH TAKES PRECEDENCE OVER THE WISHES OF SURVIVING FAMILY AND TO PROVIDE PROCEDURES FOR OBTAINING CONSENT FROM RELATIVES; TO AMEND SECTION 44-43-710, RELATING TO CONSENT TO PERFORM AN AUTOPSY, SO AS TO REQUIRE THAT THE FORM MUST BE WRITTEN IN PLAIN LANGUAGE; TO AMEND SECTION 44-43-910, RELATING TO DEFINITIONS UNDER HOSPITAL PROTOCOLS FOR ORGAN DONATION, SO AS TO REVISE DEFINITIONS; TO AMEND SECTION 44-43-920, RELATING TO HOSPITAL POLICIES FOR ORGAN DONATION, SO AS TO REQUIRE A HOSPITAL TO CONTACT THE SOUTH CAROLINA ORGAN DONOR NETWORK AT THE TIME OF EACH HOSPITAL DEATH TO DETERMINE SUITABILITY OF THE DECEDENT FOR ORGAN DONATION; TO AMEND SECTION 44-43-930, RELATING TO HOSPITAL CONTACT WITH FAMILIES OF POTENTIAL ORGAN DONORS, SO AS TO PROVIDE PROCEDURES FOR OBTAINING ORGAN DONATIONS FROM POTENTIAL DONORS; TO AMEND SECTION 44-43-950, RELATING TO WHO MAY CONSENT TO ORGAN DONATION, SO AS TO PROVIDE PROCEDURES FOR OBTAINING CONSENT; TO AMEND SECTION 44-43-970, RELATING TO AGENCIES WHICH MAY RECEIVE ORGAN REFERRALS AND DONATIONS, SO AS TO FURTHER DEFINE THESE AGENCIES; TO AMEND SECTION 44-43-990, RELATING TO PHYSICIAN NOTIFICATION OF POTENTIAL ORGAN DONATIONS, SO AS TO REVISE THE NOTICE REQUIREMENT; AND TO AMEND SECTION 44-43-1000, RELATING TO MEDICAL RECORDS OF ORGAN DONORS, SO AS TO REVISE THE REQUIRED CONTENTS OF THE RECORDS.

H. 3690 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES AND TO PROVIDE FOR THE EXPENDITURE OF THESE APPROPRIATIONS, TO APPROPRIATE FUNDS FOR ARENA PROJECTS CONTINGENT UPON RECEIPT OF AN EQUIVALENT AMOUNT FROM THE SOUTHEAST COMPACT FOR LOW-LEVEL NUCLEAR WASTE AND THE APPROVAL OF A FINANCING PLAN BY THE STATE BUDGET AND CONTROL BOARD, TO PROVIDE FOR THE REDUCTION OF THE BALANCE OF THE INTERGOVERNMENTAL LOAN MADE TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY BY AN AMOUNT EQUAL TO THE VALUE OF THE IMPROVEMENTS MADE WITH LOAN PROCEEDS AND PROVIDE FOR VALUATION OF THE ASSETS, TO PROVIDE FOR THE USE OF UNALLOCATED FISCAL YEAR 1994-95 EDUCATION FINANCE ACT FUNDS, TO PROVIDE FOR FTE AND APPROPRIATIONS TRANSFERS BETWEEN THE DEPARTMENT OF REVENUE AND TAXATION AND THE DEPARTMENT OF PUBLIC SAFETY, TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-80 SO AS TO PROVIDE PROCEDURES FOR THE NOTICE REQUIREMENTS FOR ADOPTING LOCAL GOVERNMENT AND SCHOOL DISTRICT BUDGETS, AND TO AMEND SECTIONS 44-2-20, 44-2-50, AND 44-2-80, ALL AS AMENDED, RELATING TO DEFINITIONS, REGULATIONS, AND THE CONTAINMENT, REMOVAL, AND ABATEMENT OF RELEASED REGULATED SUBSTANCES FOR PURPOSES OF THE SUPERB PROGRAM, SO AS TO PROVIDE ADDITIONAL DEFINITIONS, TO EXEMPT FROM CERTAIN CORRECTIVE ACTIONS PERSONS WHO DO NOT MANAGE TANKS OR ENGAGE IN THE PETROLEUM BUSINESS WHOSE QUALITY OF OWNERSHIP IS PRIMARILY TO PROTECT OR ENFORCE A SECURITY INTEREST IN THE TANK, TO CHANGE REFERENCES FROM REMOVAL TO ABATEMENT AND SITE REHABILITATION, AND TO EXEMPT FROM CERTAIN SITE REHABILITATION ACTIONS PERSONS WHO DO NOT MANAGE TANKS OR ENGAGE IN THE PETROLEUM BUSINESS WHOSE QUALITY OF OWNERSHIP IS PRIMARILY TO PROTECT OR ENFORCE A SECURITY INTEREST IN THE TANK AND CERTAIN PERSONS WHO ACQUIRE PROPERTY FROM AN UNDERGROUND TANK THAT HAS BEEN REMOVED.

H. 3691 -- Rep. H. Brown: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY SINE DIE ADJOURNMENT DATE OF THE GENERAL ASSEMBLY SO AS TO PROVIDE THAT THE SINE DIE ADJOURNMENT DATE IS EXTENDED BY ONE STATEWIDE LEGISLATIVE DAY FOR EACH STATEWIDE DAY AFTER MAY TWENTY-FIFTH THAT THE ANNUAL GENERAL APPROPRIATIONS ACT IS NOT ENROLLED FOR RATIFICATION.

H. 3692 -- Rep. Kelley: A HOUSE RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO ADOPT H. R. 842, THE "TRUTH IN BUDGETING ACT".

H. 3693 -- Reps. Robinson, Rice, Marchbanks and Trotter: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE THE MEMBERS OF THE RICHARD H. GETTYS MIDDLE SCHOOL CHEERLEADING SQUAD OF PICKENS COUNTY UPON RECENTLY BEING SELECTED FIRST RUNNER-UP IN THE JUNIOR HIGH DIVISION OF THE NATIONAL CHEERLEADERS ASSOCIATION NATIONAL CHAMPIONSHIP IN DALLAS, TEXAS, FOR THE PURPOSE OF BEING RECOGNIZED IN THE HOUSE BALCONY ON MARCH 2, 1995.

H. 3694 -- Reps. Wright, Allison, Bailey, Byrd, Cooper, Fulmer, Harrell, J. Harris, Hodges, Keegan, Kelley, Knotts, Koon, Lanford, Limehouse, Mason, McMahand, Meacham, Phillips, Sharpe, Shissias, Stuart, Townsend, Walker, Wilder, Wofford, Kennedy, Cain and Stille: A BILL TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR AND ENFORCEMENT OF VIOLATIONS OF THE MANDATORY USE OF SEAT BELTS PROVISION, SO AS TO DELETE THE PROVISION THAT BOTH REQUIRES A VIOLATION NOT TO CONSTITUTE NEGLIGENCE PER SE OR CONTRIBUTORY NEGLIGENCE AND NOT BE ADMISSIBLE AS EVIDENCE IN A CIVIL ACTION.

H. 3695 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.3534, RELATING TO THE ENTERPRISE ZONE ACT OF 1995, FOR SECOND READING OR OTHER CONSIDERATION ON FEBRUARY 28, 1995, IMMEDIATELY FOLLOWING THE CALL OF THE MOTION PERIOD AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H.3534 UNTIL THIRD READING OR OTHER DISPOSITION.

H. 3696 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.3613, RELATING TO THE SOUTH CAROLINA FAMILY INDEPENDENCE ACT OF 1995, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER DISPOSITION OF H.3534 AND TO PROVIDE FOR THE THIRD READING SPECIAL ORDER CONSIDERATION OF H.3613 IMMEDIATELY FOLLOWING THE THIRD READING OR OTHER DISPOSITION OF H.3534.

H. 3697 -- Reps. Scott, Neal, Cotty, Byrd, Shissias, Cromer, Rogers, Harrison, Howard and J. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE THE PROGRESSIVE CHURCH OF OUR LORD JESUS CHRIST LOCATED IN LUGOFF ON ITS FORTIETH ANNIVERSARY AND HONOR THE MEMORY OF ITS ORGANIZER, SISTER MABLE SCOTT-ETHERIDGE.

H. 3698 -- Reps. D. Smith, Lanford, Wells, Littlejohn, Allison, Beatty, Davenport and Wilder: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. JERRY RICHARDSON, CHAIRMAN OF FLAGSTAR COMPANIES, INC., FOR HIS EXTRAORDINARY CONTRIBUTIONS AND LOYALTY TO THE CITY OF SPARTANBURG AND THE STATE OF SOUTH CAROLINA.

H. 3699 -- Reps. P. Harris and Tucker: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF C. F. "FROG" REAMES OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 3700 -- Reps. Harrison and Wilkins: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:30 P.M. ON TUESDAY, MARCH 14, 1995.

H. 3701 -- Rep. Simrill: A BILL TO AMEND SECTION 17-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A TOWN OR CITY POLICE OFFICER'S JURISDICTION OUTSIDE THE TOWN'S OR CITY'S CORPORATE LIMITS WHEN IN PURSUIT OF AN OFFENDER, SO AS TO INCREASE THE OFFICER'S JURISDICTION FROM A THREE-MILE RADIUS OF THE TOWN'S OR CITY'S CORPORATE LIMITS TO COUNTYWIDE JURISDICTION.

H. 3702 -- Reps. Wells and Allison: A BILL 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.

H. 3703 -- Reps. Hallman, Baxley, Quinn, Cobb-Hunter, Kirsh, Jennings, A. Young, Stuart, R. Smith, Lloyd, Herdklotz, Harrison, Littlejohn, Meacham, Sharpe, Simrill, G. Brown, Robinson, Fulmer, Stoddard, Seithel, Fair, Wright, H. Brown, Limehouse, Vaughn, Jaskwhich, Inabinett, Haskins, Wells, Beatty, Tripp, Easterday, Wofford, Walker, Law, Marchbanks, Waldrop, Riser, Stille, D. Smith, Sandifer, Cotty, Cain, Whatley, Gamble, Hutson, Koon, Lanford, Tucker, Davenport, Harwell, Limbaugh, Felder, Cooper, Mason, Chamblee, J. Harris, Wilkes, Boan, Carnell, Fleming, Spearman, Hodges, J. Young, Dantzler, Martin, Klauber, Bailey, Richardson and Witherspoon: A BILL TO AMEND SECTION 24-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPITAL PUNISHMENT BY ELECTROCUTION, SO AS TO REQUIRE CAPITAL PUNISHMENT BY ELECTROCUTION OR LETHAL INJECTION UNDER CERTAIN CIRCUMSTANCES.

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.

Last Updated: Monday, June 29, 2009 at 1:54 P.M.