Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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1996 HOUSE BILLS AND RESOLUTIONS

Return to the Contents Page of the House Bills and Resolutions Index

H. 4217 -- Reps. Baxley, J. Harris, Jennings and Neilson: A BILL TO REPEAL ACT 467 OF 1969 RELATING TO EXTENDING THE JURISDICTION OF THE POLICE DEPARTMENT OF THE TOWN OF JEFFERSON IN CHESTERFIELD COUNTY TO INCLUDE CERTAIN AREAS OUTSIDE THE CORPORATE LIMITS OF JEFFERSON.

H. 4237 -- Reps. Scott and J. Brown: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME SOUTH CAROLINA HIGHWAY 555 IN RICHLAND COUNTY IN HONOR OF KAY PATTERSON.

H. 4245 -- Reps. Jennings, J. Harris, Kinon, Baxley, Martin and Thomas: A BILL TO RECOGNIZE THE CHICORA-WACCAMAW INDIAN TRIBE AND THE PEE DEE INDIAN TRIBE AS INDIAN TRIBES OF SOUTH CAROLINA REPRESENTING THE CHICORA-WACCAMAW INDIAN PEOPLE AND THE PEE DEE INDIAN PEOPLE RESPECTIVELY, AND TO CONFER UPON THEM SUCH RIGHTS AND PRIVILEGES AS ARE PROVIDED BY LAW TO INDIAN TRIBES OF THIS STATUS.

H. 4251 -- Rep. Hodges: A BILL TO AMEND SECTIONS 56-5-6520, 56-5-6530, AND 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF SAFETY BELTS, SO AS TO MAKE A DRIVER RESPONSIBLE FOR REQUIRING EACH OCCUPANT OF A MOTOR VEHICLE UNDER EIGHTEEN YEARS OF AGE TO WEAR A SAFETY BELT OR ANOTHER CHILD RESTRAINT SYSTEM, TO CREATE THE OFFENSE OF FAILURE TO SECURE A SAFETY BELT ON A MINOR, TO PROVIDE FOR PENALTIES AND EXCEPTIONS TO THIS OFFENSE, TO REVISE THE PROVISIONS WHICH EXCLUDE CERTAIN OCCUPANTS FROM WEARING A SAFETY BELT, TO REVISE THE PENALTIES FOR VIOLATING THE MANDATORY USE OF SAFETY BELT REQUIREMENT, AND TO ALLOW A LAW ENFORCEMENT OFFICER TO STOP A DRIVER AND ISSUE A CITATION FOR A VIOLATION OF THIS REQUIREMENT.

H. 4267 -- Reps. Cato and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-515 SO AS TO PROVIDE THAT INSURERS ISSUING A WORKERS' COMPENSATION INSURANCE POLICY SHALL OFFER, AS A PART OF THE POLICY OR AS AN OPTIONAL ENDORSEMENT TO THE POLICY, DEDUCTIBLES OPTIONAL TO THE POLICYHOLDER FOR BENEFITS PAYABLE UNDER TITLE 42, WORKERS' COMPENSATION, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS.

H. 4277 -- Reps. Walker, Baxley and Fleming: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-13-85 SO AS TO INCLUDE IN UNLAWFUL EMPLOYMENT PRACTICES THE CONDUCTING OF MEDICAL EXAMINATIONS AND INQUIRIES AND TO PROVIDE CONDITIONS UNDER WHICH THEY MAY BE CONDUCTED; TO AMEND SECTIONS 1-13-20, 1-13-30, AS AMENDED, 1-13-70, 1-13-80, AS AMENDED, 1-13-90, AND 1-13-100, RELATING TO THE STATE HUMAN AFFAIRS COMMISSION AND UNLAWFUL EMPLOYMENT PRACTICES AND THE PROHIBITION AGAINST DISCRIMINATION IN EMPLOYMENT BASED ON RACE, RELIGION, COLOR, SEX, NATIONAL ORIGIN, AND AGE, SO AS TO ALSO PROHIBIT DISCRIMINATION BASED ON DISABILITY AND TO DEFINE "DISABILITY" AND TO FURTHER PROVIDE HOW DISCRIMINATION BASED ON A DISABILITY IS AN UNLAWFUL EMPLOYMENT PRACTICE; TO AMEND SECTIONS 43-33-520, 43-33-530, 43-33-560, AND 43-33-570, ALL RELATING TO THE BILL OF RIGHTS FOR HANDICAPPED PERSONS, SO AS TO DELETE PROVISIONS RELATING TO EMPLOYMENT; TO REPEAL SECTION 43-33-550 RELATING TO THE JURISDICTION OF THE STATE HUMAN AFFAIRS COMMISSION OVER COMPLAINTS OF EMPLOYMENT DISCRIMINATION; TO REPEAL SECTION 43-33-580 RELATING TO THE EXEMPTION OF CONTRACTORS AND SUBCONTRACTORS FROM STATE DISCRIMINATION LAWS WHEN THEY ARE SUBJECT TO SUCH FEDERAL LAWS; TO ADD SECTION 58-9-2550 SO AS TO AUTHORIZE THE PUBLIC SERVICE COMMISSION TO ESTABLISH A DISTRIBUTION SYSTEM FOR TELECOMMUNICATIONS DEVICES FOR THE DEAF; TO AMEND SECTION 58-9-2510, RELATING TO DEFINITIONS REGARDING TELEPHONE SERVICE FOR HEARING AND SPEECH IMPAIRED PERSONS, SO AS TO ADD A DEFINITION FOR "DUAL SENSORY IMPAIRED PERSON" AND REVISE THE DEFINITION OF "TELECOMMUNICATIONS DEVICE"; TO AMEND SECTION 58-9-2520, RELATING TO STATEWIDE TELEPHONE ACCESS PROGRAMS FOR PERSONS SPEECH OR HEARING IMPAIRED, SO AS TO REVISE THE CONTENTS OF THE PROGRAM; TO AMEND SECTION 58-9-2530, RELATING TO CHANGES FOR A DUAL PARTY RELAY TELEPHONE SYSTEM, SO AS TO INCLUDE IN THIS FUNDING THE DISTRIBUTION SYSTEM FOR TELECOMMUNICATIONS DEVICES FOR THE DEAF; AND TO REAUTHORIZE THE SOUTH CAROLINA EDUCATIONAL TELEVISION COMMISSION UNTIL JULY 1, 2003.

H. 4284 -- Reps. McAbee and Harrison: A BILL TO AMEND SECTION 15-49-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICATION FOR A NAME CHANGE, SO AS TO REQUIRE THE PERSON TO SUBMIT A CERTIFIED COPY OF HIS BIRTH CERTIFICATE AND TO PROHIBIT PETITIONING FOR A NAME CHANGE IF THE PERSON IS INCARCERATED, ON PROBATION, OR PAROLE.

H. 4310 -- Reps. McElveen, G. Brown, Canty, Neal, J. Young, Harvin, Baxley, T. Brown and Kennedy: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE DAVID F. MCINNIS OF SUMTER COUNTY FOR HIS OUTSTANDING SERVICE AS JUDGE OF THE THIRD JUDICIAL CIRCUIT AND EXTENDING JUDGE MCINNIS OUR BEST WISHES FOR HAPPINESS FOLLOWING HIS RETIREMENT FROM THE CIRCUIT BENCH.

H. 4311 -- Reps. J. Brown, Harvin, Lloyd, Anderson, Byrd, T. Brown, Cobb-Hunter, Breeland, J. Hines, Inabinett and Cave: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 28 SO AS TO ENACT THE CRIMINALLY INSANE DEFENDANT ACT TO PROVIDE PROCEDURAL SAFEGUARDS IN THE PROSECUTION OF THESE DEFENDANTS, AND TO REQUIRE ADEQUATE CARE AND INDIVIDUALIZED TREATMENT FOR THESE DEFENDANTS.

H. 4312 -- Rep. Clyburn: 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 FOR A DETERMINATE PERIOD NOT TO EXCEED FORTY-FIVE DAYS.

H. 4313 -- Reps. Fulmer, Littlejohn, Inabinett, Hutson, Cain, Vaughn and Riser: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 147 SO AS TO ENACT THE HIGHER EDUCATION REVENUE BOND ACT WHICH PRESCRIBES THE MANNER IN WHICH AND CONDITIONS UNDER WHICH RESEARCH AND FOUR-YEAR PUBLIC INSTITUTIONS OF HIGHER EDUCATION MAY ISSUE CERTAIN REVENUE BONDS; AND TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO THE AUTHORIZATION TO ISSUE SPECIAL OBLIGATION BONDS FOR ATHLETIC FACILITIES AT THE UNIVERSITY OF SOUTH CAROLINA, SO AS TO REVISE CERTAIN DEFINITIONS IN REGARD THERETO INCLUDING THE TERMS "ATHLETIC FACILITIES" AND "IMPROVEMENTS", TO FURTHER PROVIDE FOR THE PURPOSES FOR WHICH SUCH BONDS MAY BE ISSUED, TO PERMIT THE ESTABLISHMENT OF A BOND RESERVE FUND RATHER THAN REQUIRE ITS ESTABLISHMENT, TO FURTHER PROVIDE FOR THE TYPES OF TAXES AND FEES FROM WHICH THESE BONDS AND THE INTEREST THEREON ARE EXEMPT, AND TO REVISE CERTAIN TERMS AND CONDITIONS IN REGARD TO THE ISSUANCE OF THESE BONDS.

H. 4314 -- Reps. Govan, Inabinett, Meacham and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 73 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR ORGAN TRANSPLANT RECIPIENTS.

H. 4315 -- Reps. Herdklotz, Wilkes, Davenport, Young-Brickell, Cromer, Wilder, Vaughn, Bailey, Allison, Robinson, Stuart, Harvin, Keyserling, Sandifer, Quinn, Walker, Inabinett, Haskins, Cain, Harrison, Fulmer, Witherspoon, Klauber, Law, Simrill, Delleney, Seithel, Gamble, Cave, Richardson, Meacham and Easterday: A JOINT RESOLUTION TO ESTABLISH THE PERFORMANCE AUDIT STEERING COMMITTEE TO CONDUCT A COMPREHENSIVE PERFORMANCE AUDIT OF STATE GOVERNMENT FROM JUNE 30, 1996, THROUGH DECEMBER 31, 1997; TO PROVIDE FOR THE APPOINTMENT AND MEMBERSHIP OF THE COMMITTEE; TO PROVIDE FOR ITS DUTIES, TO ESTABLISH A SPECIAL ACCOUNT AND APPROPRIATE TWO MILLION DOLLARS FROM THE UNOBLIGATED 1994-95 GENERAL FUND SURPLUS FOR THE EXPENSES OF THE COMMITTEE, AND TO EXEMPT LEGISLATIVE AGENCIES FROM THE PERFORMANCE AUDIT.

H. 4316 -- Rep. Kirsh, Keyserling, Cain, Vaughn, Simrill and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-23-45 SO AS TO REQUIRE A DRUG DISPENSED BY FILLING OR REFILLING A WRITTEN OR ORAL PRESCRIPTION TO HAVE AN EXPIRATION DATE ON THE LABEL.

H. 4317 -- Reps. Kirsh, Inabinett, Keyserling, Cain, Vaughn, Simrill and Meacham: A BILL TO AMEND SECTION 56-5-6240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE, CONFISCATION, AND DISPOSITION OF VEHICLES SEIZED FROM PERSONS CONVICTED OF DRIVING WITH A SUSPENDED DRIVER'S LICENSE OR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS, SO AS TO REQUIRE THE FORFEITURE HEARING TO BE COMPLETED WITHIN THREE MONTHS FROM THE DATE THE FORFEITURE ACTION IS COMMENCED.

H. 4318 -- Reps. Kirsh and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-752 SO AS TO PROHIBIT A FAMILY MEMBER FROM BEING SUBJECT TO THE OFFICIAL RESPONSIBILITY OR SUPERVISION OR MANAGEMENT OF A FAMILY MEMBER WHO IS A PUBLIC EMPLOYEE, AND PROVIDE EXCEPTIONS.

H. 4319 -- Reps. Kirsh, Inabinett, Simrill and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2957 SO AS TO REQUIRE THE REVOCATION FOR AN ADDITIONAL PERIOD OF ONE YEAR OF THE DRIVER'S LICENSE OF A PERSON WHO IS LESS THAN TWENTY-ONE YEARS OF AGE AND WHO IS CONVICTED OF AN OFFENSE CONTAINED IN SECTION 56-5-2930 OR SECTION 56-5-2945.

H. 4320 -- Reps. Kirsh, Cain, Witherspoon, Wilder, Simrill, Richardson and Meacham: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES BY ADDING CHAPTER 34 SO AS TO ESTABLISH STANDARDS AND PROCEDURES FOR THE RECOVERY OF PUNITIVE DAMAGES IN CIVIL ACTIONS, INCLUDING A LIMIT ON THE MAXIMUM AMOUNT OF PUNITIVE DAMAGES WHICH MAY BE AWARDED, THE MANNER IN WHICH PUNITIVE DAMAGES MUST BE STATED AND PLED, THE RESPONSIBILITIES OF THE TRIER OF FACT AND THE COURT IN REGARD TO PUNITIVE DAMAGES, AND THE AWARDING OF ATTORNEY'S FEES IN DEFENSE OF FRIVOLOUS OR MALICIOUS PUNITIVE DAMAGE CLAIMS; AND TO REPEAL SECTION 15-33-135 OF THE 1976 CODE RELATING TO PUNITIVE DAMAGES AND THE BURDEN OF PROOF.

H. 4321 -- Reps. Kirsh, Littlejohn, Keyserling, Simrill and Meacham: A BILL TO AMEND SECTION 22-2-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE TO APPEAR FOR JURY SERVICE IN MAGISTRATE'S COURT AND THE NUMBER OF TIMES A PERSON MAY SERVE ON A JURY THEREIN, SO AS TO PROVIDE THAT NO PERSON SHALL SERVE ON A JURY IN MAGISTRATE'S COURT MORE THAN ONCE EVERY THREE CALENDAR YEARS RATHER THAN ONCE EVERY THREE MONTHS.

H. 4322 -- Reps. Kirsh, Inabinett, Keyserling, Cain, Seithel and Cave: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FOOD WHICH MAY BE PURCHASED LAWFULLY WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS.

H. 4323 -- Reps. Knotts, Kinon, Lanford, Littlejohn, Keyserling, Haskins, Vaughn, Riser, Law and Simrill: A BILL TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.

H. 4324 -- Reps. Meacham, Littlejohn, Walker, Allison, Simrill and Delleney: A BILL TO AMEND SECTION 23-28-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF RESERVE POLICE OFFICERS, SO AS TO DELETE THE REQUIREMENT THAT A RESERVE POLICE OFFICER MUST BE ACCOMPANIED BY A CERTIFIED SOUTH CAROLINA POLICE OFFICER AND TO REQUIRE RESERVE POLICE OFFICERS TO BE IN PROXIMATE CONTACT WITH CERTIFIED SOUTH CAROLINA POLICE OFFICERS.

H. 4325 -- Reps. Richardson and Cain: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-313 SO AS TO AUTHORIZE A BIENNIAL ON-PREMISES CONSUMPTION BEER AND WINE PERMIT AT A FEE OF EIGHT HUNDRED DOLLARS FOR ESTABLISHMENTS LOCATED IN JURISDICTIONS WHERE SUNDAY SALES OF ALCOHOLIC BEVERAGES IN CONTAINERS OF TWO OUNCES OR LESS ARE AUTHORIZED.

H. 4326 -- Reps. Waldrop, Inabinett, Keyserling, Bailey, Simrill, Seithel and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-273 SO AS TO PROVIDE THAT A HEALTH BENEFIT POLICY OF INSURANCE MAY NOT REQUIRE AS A CONDITION TO THE COVERAGE OF DERMATOLOGICAL SERVICES THAT AN ENROLLEE, SUBSCRIBER, OR INSURED FIRST OBTAIN A REFERRAL FROM A PRIMARY CARE PHYSICIAN.

H. 4327 -- Reps. Witherspoon, Littlejohn, Walker, Cain, Vaughn and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-37-25 SO AS TO PROVIDE THAT ANY PERSON BRINGING OR DEFENDING A CIVIL ACTION IN TORT MUST PAY THE ATTORNEYS' FEES AND COSTS OF THE PREVAILING PARTY IN AN AMOUNT DETERMINED BY THE COURT, AND TO PROVIDE EXCEPTIONS.

H. 4328 -- Reps. J. Young, Littlejohn, Inabinett, Haskins, D. Smith, Klauber, Riser, Law, Sandifer, Simrill, Limbaugh and Meacham: A BILL TO AMEND SECTION 16-13-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PETIT AND GRAND LARCENY, SO AS TO PROVIDE THAT THE THEFT OF A FIREARM IS GRAND LARCENY AND TO PROVIDE PENALTIES.

H. 4329 -- Reps. P. Harris, Waldrop, Neilson, Lanford, Inabinett, Keyserling, Hutson, Cain, Shissias, T. Brown, J. Brown, Harvin, Carnell, Rogers, Scott, Meacham and Clyburn: A JOINT RESOLUTION TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON AGING IN CONJUNCTION WITH THE CENTER FOR HEALTH POLICY, INSTITUTE OF PUBLIC AFFAIRS, UNIVERSITY OF SOUTH CAROLINA, TO EVALUATE AND STUDY OPTIONS FOR CONSUMER FINANCING OF LONG-TERM CARE AND TO REPORT AND MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY.

H. 4330 -- Reps. P. Harris, Waldrop, Neilson, Lanford, Sandifer, Inabinett, Hutson, Cain, Shissias, T. Brown, J. Brown, Jennings, Harvin, Carnell, Rogers and Scott: A JOINT RESOLUTION TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON AGING IN CONJUNCTION WITH THE HEALTH CARE PLANNING AND OVERSIGHT COMMITTEE, THE STATE DEPARTMENT OF HEALTH AND HUMAN SERVICES, THE DIVISION ON AGING, OFFICE OF THE GOVERNOR, AND THE DEPARTMENT OF REVENUE AND TAXATION TO STUDY THE EFFECT OF INMIGRATION ON HEALTH CARE COSTS AND OTHER AGING NETWORK SERVICES AND TAX POLICIES RELATIVE TO INMIGRANTS AND TO SUBMIT A REPORT AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BY JANUARY 1, 1997.

H. 4331 -- Reps. P. Harris, Waldrop, Neilson, Inabinett, Cain, Shissias, T. Brown, J. Brown, Harvin, Carnell, Rogers, Scott, Cave and Clyburn: A JOINT RESOLUTION TO DIRECT THE DIVISION ON AGING, OFFICE OF THE GOVERNOR, THE SOUTH CAROLINA DEPARTMENT OF EDUCATION, AND THE SOUTH CAROLINA AREA AGENCIES ON AGING TO EXPLORE INTEGRATING TOPICS RELATING TO AGING INTO CURRENT PUBLIC SCHOOL CURRICULUM AND TO PROMOTE VOLUNTEERISM WITHIN THE SCHOOL SYSTEM.

H. 4332 -- Reps. Sharpe, Sandifer and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-423 SO AS TO REQUIRE THE USE OF APPROVED BYCATCH REDUCTION DEVICES IN SHRIMP TRAWLS.

H. 4333 -- Reps. Sharpe, Inabinett and Richardson: A BILL TO AMEND SECTION 50-17-665, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITS ON THE AMOUNT OF SHRIMP AUTHORIZED TO BE TAKEN OVER BAIT, SO AS TO IMPOSE CATCH AND POSSESSION LIMITS ON SHRIMP, AND TO REVISE THE PENALTIES FOR VIOLATIONS INCLUDING THE FORFEITURE OF SPECIFIED PERSONAL PROPERTY FOR CERTAIN VIOLATIONS.

H. 4334 -- Reps. Sharpe, Sandifer, Inabinett and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-800 SO AS TO PROVIDE REQUIREMENTS AND PENALTIES FOR THE TAKING OF EELS.

H. 4335 -- Reps. Sharpe, Seithel, Sandifer and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-357 SO AS TO PROVIDE REQUIREMENTS AND PENALTIES FOR IMPORTATION OF SHELLFISH.

H. 4336 -- Reps. T. Brown, Clyburn, Jennings, J. Brown, Wilder, Townsend, Allison, J. Young, Lloyd, Harvin, Breeland, Wells, Canty, Cobb-Hunter, Kennedy, Govan, Cave and Hutson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-456 SO AS TO AUTHORIZE AN EMPLOYEE UP TO EIGHT HOURS OF PAID LEAVE EACH YEAR FOR THE PURPOSE OF ATTENDING CERTAIN ELEMENTARY AND SECONDARY SCHOOL CONFERENCES OR ACTIVITIES DURING THE EMPLOYEE'S WORK HOURS, TO PROVIDE THAT AN EMPLOYEE WITH THE CONSENT OF HIS EMPLOYER MAY BE GRANTED UP TO TWELVE HOURS OF PAID LEAVE EACH YEAR DURING THE EMPLOYEE'S WORK HOURS TO ENGAGE IN CERTAIN VOLUNTEER TEACHING ACTIVITIES IN SUCH SCHOOLS, TO PROVIDE THAT THE EMPLOYERS OF THESE EMPLOYEES ARE ENTITLED TO STATE INCOME OR PREMIUM TAX CREDITS FOR THESE ACTIVITIES, AND TO PROVIDE THAT PROCEDURES NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.

H. 4337 -- Reps. Lanford, Inabinett, Vaughn, Kirsh and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-35 SO AS TO PROVIDE THAT CANDIDATES FOR ELECTION TO THE OFFICE OF SCHOOL BOARD TRUSTEE WHO MUST USE THE PETITION METHOD TO GET ON THE BALLOT ARE ONLY REQUIRED TO USE THIS PETITION METHOD ONCE AND THEREAFTER MAY GET ON THE BALLOT FOR ELECTION TO THIS OFFICE BY FILING A DECLARATION OF CANDIDACY, AND TO REQUIRE A FILING FEE TO BE PAID WITH THE DECLARATION OF CANDIDACY.

H. 4338 -- Reps. Sharpe, Witherspoon, Riser and Seithel: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES, ON PRIVATE LAND, BETWEEN OCTOBER 11 AND JANUARY 1, MUST NOT ESTABLISH MORE THAN TWO CONSECUTIVE DAYS WHERE DEER MAY NOT BE HUNTED OR TAKEN WITH MODERN FIREARMS.

H. 4339 -- Reps. Sharpe, J. Harris and Witherspoon: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR TAKING ANTLERED DEER, SO AS TO PROHIBIT THE PURSUIT OF DEER WITH DOGS EXCEPT ON TRACTS OF MORE THAN TWO HUNDRED FIFTY CONTIGUOUS ACRES WHICH ARE OWNED BY THE PERSON PURSUING DEER WITH DOGS OR WHICH THIS PERSON HAS THE WRITTEN PERMISSION OF THE OWNER THEREOF TO USE FOR THESE PURPOSES.

H. 4340 -- Reps. Spearman, Herdklotz, J. Hines, Rice, Sharpe, Cain, Riser, Seithel, Gamble, Meacham and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-390 SO AS TO PROVIDE FOR A SPECIAL GUEST FISHING LICENSE.

H. 4341 -- Reps. Wilkins, Sandifer, Walker, Allison, Haskins, Jennings, Cain, Harrison, Witherspoon, Vaughn, Simrill, Herdklotz, Kirsh, Delleney, Cotty, Limbaugh, Richardson, Meacham, Easterday and McElveen: A BILL TO AMEND SECTION 20-7-112, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REIMBURSEMENTS FOR COUNSEL APPOINTED FOR A CHILD IN A DELINQUENCY PROCEEDING, SO AS TO PROVIDE THAT THE COURT MAY ORDER THE CHILD'S PARENTS TO REIMBURSE THE INDIGENT DEFENSE FUND OR PAY THE COURT-APPOINTED ATTORNEY.

H. 4342 -- Rep. Govan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1525 SO AS TO PROVIDE A MAXIMUM SPEED LIMIT FOR TWO AND THREE-UNIT COMBINATION TRAILERS AND SEMITRAILERS AND TO RESTRICT THE MOVEMENT OF THESE VEHICLES ON MULTILANE HIGHWAYS.

H. 4343 -- Reps. D. Smith, Littlejohn, Walker, Allison, Haskins, Jennings, Hutson, Cain, Harrison, Vaughn, Wilder, Law, Simrill, Herdklotz, Kirsh, Limbaugh, Gamble, Richardson and Meacham: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO OFFICES BY ADDING SECTION 7A SO AS TO ABOLISH THE OFFICE OF SECRETARY OF STATE ON JULY 1, 1997, AND PROVIDE FOR ITS FUNCTIONS AND DUTIES TO BE DEVOLVED IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW.

H. 4344 -- Reps. Jennings, Inabinett, Allison, Haskins, Harrison, Vaughn, Simrill, Herdklotz, Delleney, Kirsh, Richardson and McElveen: A BILL TO AMEND SECTION 20-7-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF JUVENILE CASES, SO AS TO DELETE THE CAP ON THE AMOUNT OF RESTITUTION THAT A COURT MAY ORDER A JUVENILE TO PAY, TO PROVIDE THAT THIS AMOUNT IS IN THE COURT'S DISCRETION, AND TO PROVIDE FACTORS TO BE CONSIDERED IN ESTABLISHING THIS AMOUNT; AND TO AMEND SECTION 20-7-1335, RELATING TO DESTRUCTION OF RECORDS, SO AS TO CHANGE THE TERM "JUVENILE" TO "CHILD".

H. 4345 -- Reps. Elliott and Trotter: A BILL TO AMEND TITLE 39, CHAPTER 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRUG PRODUCT SELECTION, BY ADDING ARTICLE 3 SO AS TO ENACT THE FAIR PRICE ACT FOR PRESCRIPTION DRUGS, TO DEFINE TERMS, TO PRESCRIBE PRICING PROCEDURES UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE PENALTIES; AND TO DESIGNATE SECTIONS 39-24-10 THROUGH 39-24-60 AS ARTICLE 1 OF CHAPTER 24, TITLE 39 AND ENTITLED "DRUG PRODUCT SELECTION" AND TO RENAME TITLE 39, CHAPTER 24 AS "DRUG PRODUCT SELECTION AND DRUG PRICING".

H. 4346 -- Reps. Herdklotz, Allison, Anderson, Askins, Boan, Wilkins, G. Brown, T. Brown, Cain, Cato, Chamblee, Cooper, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, P. Harris, Harrison, Harvin, Haskins, Huff, Hutson, Jaskwhich, Keegan, Kelley, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Limbaugh, Limehouse, Littlejohn, Marchbanks, Mason, McCraw, McKay, McMahand, McTeer, Meacham, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Sandifer, Seithel, Sharpe, Simrill, R. Smith, Spearman, Stille, Stuart, Townsend, Tripp, Trotter, Vaughn, Waldrop, Walker, Wells, Whatley, Wilder, Witherspoon, Worley, Wright, J. Young, Young-Brickell, Bailey and Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "CRIMES AGAINST UNBORN CHILDREN ACT" BY ADDING SECTION 16-3-90 SO AS TO CREATE OFFENSES AGAINST AN UNBORN CHILD OF INTENTIONAL HOMICIDE, VOLUNTARY MANSLAUGHTER, INVOLUNTARY MANSLAUGHTER, BATTERY, AND AGGRAVATED BATTERY AND TO PROVIDE PENALTIES.

H. 4347 -- Reps. Keyserling and Richardson: A BILL TO AMEND SECTION 48-48-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPOSITION AND DISTRIBUTION OF TAXES ON LOW-LEVEL RADIOACTIVE WASTE DISPOSAL, SO AS TO PROVIDE THAT THE TAX MUST BE BASED ON PER CUBIC FOOT OR PER CURIE, WHICHEVER AMOUNT IS GREATER, AND TO ESTABLISH THE TAX AMOUNT PER CURIE.

H. 4348 -- Reps. Keyserling, Richardson and McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-48-125 SO AS TO ENACT THE NUCLEAR WASTE DISPOSAL COMPETITIVE BIDDING ACT AND TO REQUIRE A LESSEE OF THE STATE-OWNED LOW-LEVEL RADIOACTIVE WASTE DISPOSAL SITE TO BE SELECTED THROUGH A COMPETITIVE BIDDING PROCUREMENT PROCESS, AND TO REQUIRE THE DIRECTOR OF THE STATE BUDGET AND CONTROL BOARD TO RENEGOTIATE THE LEASE AGREEMENT WITH THE CURRENT LESSEE OF THE SITE SO AS TO CONFORM TO THIS PROCUREMENT PROCESS.

H. 4349 -- Reps. Keyserling, Richardson and McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-27-815 SO AS TO PROHIBIT THE PUBLIC SERVICE COMMISSION FROM INCLUDING IN A UTILITY'S RATE BASE ANY COSTS FOR LOW-LEVEL RADIOACTIVE WASTE DISPOSAL UNLESS THE CHARGES FOR WASTE DISPOSAL AT A FACILITY ARE THE RESULT OF A COMPETITIVE PROCUREMENT PROCESS.

H. 4350 -- Reps. Keyserling, Richardson and McElveen: A BILL TO AMEND TITLE 58, CHAPTER 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF GAS, HEAT, WATER, SEWERAGE COLLECTION AND DISPOSAL, AND STREET RAILWAY COMPANIES BY ENACTING THE NUCLEAR WASTE DISPOSAL CONSUMER PROTECTION ACT, BY ADDING ARTICLE 11 SO AS TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION SHALL REGULATE THE RATES CHARGED BY LOW-LEVEL RADIOACTIVE WASTE FACILITY OPERATORS.

H. 4351 -- Reps. Walker, Byrd, D. Smith, Allison, Baxley, J. Brown, Cain, Chamblee, Cobb-Hunter, Cooper, Cromer, Davenport, Gamble, Harrell, J. Harris, Harvin, Haskins, Herdklotz, Huff, Jaskwhich, Kelley, Kinon, Lanford, Littlejohn, McMahand, Meacham, Phillips, Robinson, R. Smith, Stille, Townsend, Vaughn, Wells, Wilder, Wilkes, Wilkins, Wright, J. Young, Inabinett, Keyserling, Hutson, Bailey, Witherspoon, Riser, Law, Simrill, Seithel, Cave, Richardson and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE GIFT OF LIFE ORGAN AND TISSUE PROCUREMENT ACT OF 1996 BY ADDING SECTION 12-6-5065 SO AS TO PROVIDE FOR A DESIGNATION ON STATE INCOME TAX FORMS ENABLING A TAXPAYER TO MAKE A CONTRIBUTION TO THE GIFT OF LIFE TRUST FUND; BY ADDING ARTICLE 13 TO TITLE 44, CHAPTER 43 SO AS TO ESTABLISH THE GIFT OF LIFE TRUST FUND, TO PROVIDE FOR ITS BOARD OF DIRECTORS, DUTIES, AND FOR EXPENDITURE OF FUNDS; AND BY ADDING SECTION 56-1-143 SO AS TO REQUIRE THE DEPARTMENT OF REVENUE AND TAXATION TO OFFER PERSONS OBTAINING OR RENEWING A DRIVER'S LICENSE THE OPPORTUNITY TO VOLUNTARILY CONTRIBUTE ONE DOLLAR TO THE GIFT OF LIFE TRUST FUND, AND THESE FUNDS MUST BE CREDITED TO AN ACCOUNT IN THE STATE TREASURER'S OFFICE FOR USE BY THE TRUST FUND.

H. 4352 -- Reps. Robinson, D. Smith and Law: A BILL TO REPEAL TITLE 44, CHAPTER 56, ARTICLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT AND ADMINISTRATION OF THE DRYCLEANING FACILITY RESTORATION FUND, REGISTRATION AND ANNUAL FEES AND SURCHARGES ASSESSED AGAINST DRYCLEANING FACILITIES, AND THE ESTABLISHMENT OF THE DRYCLEANING ADVISORY COUNCIL.

H. 4353 -- Reps. Govan and Inabinett: A BILL TO AMEND ARTICLE 3, CHAPTER 11, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-11-230 SO AS TO PROVIDE THAT A CANDIDATE WHO EXECUTES A CANDIDACY PLEDGE WITH A POLITICAL PARTY FOR PURPOSES OF OFFERING FOR ELECTION AS PROVIDED IN SECTION 7-11-210 AND CHANGES HIS POLITICAL PARTY AFFILIATION DURING THE TERM OF THE OFFICE FOR WHICH HE IS DEEMED TO HAVE VACATED THE SEAT TO WHICH HE WAS ELECTED AND TO AMEND SECTION 7-11-210 RELATING TO NOTICE OF CANDIDACY AND PLEDGE, SO AS TO INCLUDE THIS LANGUAGE IN THE PLEDGE WHICH EVERY CANDIDATE MUST FILE AS ADDED IN SECTION 7-11-230 BY THIS ACT.

H. 4354 -- Reps. Robinson, Walker, Allison, D. Smith, Simrill and Kirsh: A BILL TO AMEND SECTIONS 23-28-20 AND 23-28-70, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF RESERVE POLICE OFFICERS AND THEIR POWERS AND DUTIES, SO AS TO REQUIRE AN AUXILIARY AND A RESERVE POLICE OFFICER TO BE ACCOMPANIED BY A FULL-TIME CERTIFIED SOUTH CAROLINA POLICE OFFICER OR A DEPUTY SHERIFF UNDER CERTAIN CIRCUMSTANCES, TO REQUIRE A RESERVE POLICE OFFICER TO BE IN PROXIMATE CONTACT WITH THE FULL-TIME OFFICER TO WHOM HE IS ASSIGNED, AND TO REQUIRE A CHIEF TO OBTAIN APPROVAL FROM CERTAIN OFFICIALS TO APPOINT RESERVE POLICE OFFICERS.

H. 4355 -- Reps. Haskins, Bailey, Riser, Simrill and Kirsh: A BILL TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMITS, SO AS TO REVISE THE MAXIMUM SPEED ALONG THE STATE'S HIGHWAYS; AND TO REPEAL SECTION 56-5-1510 RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.

H. 4356 -- Reps. Haskins, Littlejohn, Walker, Cain, Cromer and Cotty: A BILL TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY OBTAIN A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A PERSON SIXTEEN YEARS OF AGE WHO HAS NOT COMPLETED SUCCESSFULLY A DRIVER TRAINING COURSE MAY NOT OBTAIN A DRIVER'S LICENSE; AND TO AMEND SECTION 56-1-210, AS AMENDED, RELATING TO THE RENEWAL OF A DRIVER'S LICENSE, SO AS TO REQUIRE A PERSON UNDER SIXTY-FIVE YEARS OF AGE TO COMPLETE SUCCESSFULLY THE ROAD TEST CONTAINED IN SECTION 56-1-130.

H. 4357 -- Reps. Marchbanks, Wofford, Lanford, Harvin, Rogers, Haskins, Kinon, Wilkins, T. Brown, Herdklotz, Young-Brickell, Vaughn, Hallman, Fulmer, P. Harris, Sandifer, Hutson, Byrd, J. Brown, Carnell Wells, Walker, Inabinett, Allison, Keyserling, Cain, Bailey, Witherspoon, Klauber, Law, Simrill, Robinson, Seithel, Kirsh, Gamble, Richardson, Meacham, Easterday and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-25 SO AS TO PROHIBIT A STATE AGENCY FROM EXPENDING GENERAL FUND REVENUES IN EXCESS OF THE AMOUNT APPROPRIATED IN THE ANNUAL GENERAL APPROPRIATIONS ACT OR SUPPLEMENTAL APPROPRIATIONS ACT DURING A FISCAL YEAR, TO PROHIBIT THE BUDGET AND CONTROL BOARD OR ANY OTHER OFFICER FROM TRANSFERRING FUNDS WHICH VIOLATE THE PROVISIONS OF THIS SECTION OR AUTHORIZE THE EXPENDITURES OF FUNDS IN EXCESS OF THE APPROPRIATED OR AUTHORIZED AMOUNTS, MAKE THE AGENCY HEAD RESPONSIBLE FOR COMPLIANCE WITH THIS SECTION, TO MAKE IT UNLAWFUL KNOWINGLY TO ALLOW EXCESS SPENDING AND PROVIDE A PENALTY, TO MAKE A CONVICTION OF MALFEASANCE IN OFFICE IN CONNECTION WITH COLLECTING UNDER ANY SURETY BOND, TO REQUIRE NOTICE TO THE STATE BUDGET AND CONTROL BOARD OF POTENTIAL AGENCY DEFICITS AND AUTHORIZE THE BOARD TO NOTIFY THE GENERAL ASSEMBLY OF ITS FINDING THAT AN AGENCY DEFICIT IS UNAVOIDABLE, TO PROHIBIT THE RECOGNITION OF AGENCY DEFICITS BY THE BOARD, AND TO PROVIDE THAT THIS SECTION MAY NOT BE AMENDED OR REPEALED EXCEPT IN SEPARATE LEGISLATION ENACTED BY A TWO-THIRDS VOTE OF THE TOTAL MEMBERSHIP OF EACH HOUSE OF THE GENERAL ASSEMBLY.

Last Updated: Monday, June 29, 2009 at 1:45 P.M.