South Carolina General Assembly
110th Session, 1993-1994
Journal of the House of Representatives

TUESDAY, JANUARY 19, 1993

Tuesday, January 19, 1993
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Make us strong, Lord, in Your strength; wise in Your wisdom.
Forbid that we should ever pray for mountains to be removed when really all we need to do is to pray for strength and courage to climb them. Sober us, Lord, with this question: If God blessed us this week in proportion to the way we thanked Him last week, what would be our status today? Thank You, Heavenly Father, that while You see us as we ought to be, You love us as we are...

Enable us to hear clearly and constantly the words of the Psalmist: "The goodness of the Lord endures continually." (Psalm 52:1b)

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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. MARCHBANKS moved that when the House adjourns, it adjourn in memory of Mrs. Ernestine Morris of Pickens, which was agreed to.

INVITATIONS

The following were received and referred to the Committee on Invitations and Memorial Resolutions.

September 15, 1992
Honorable Robert J. Sheheen, Speaker
S. C. House of Representatives
P.O. Box 11867
Columbia, South Carolina 29211

Dear Speaker Sheheen:

Pursuant to my recent conversations with your office, relative to the S.C. Broadcasters Association most cordial invitation for the members of the South Carolina House of Representatives, their guest, and the senior members of their staffs to attend our annual Legislative Reception. I understand that our Reception will now be listed on the calendar of the House for Tuesday evening, February 2, 1993, from 6:00 P.M. to 8:00 P.M. at the Marriott Hotel in Columbia.

Your friends in the broadcasting industry in South Carolina look forward, with pleasure, to this opportunity to express again our deep appreciation for your efforts on our behalf.

Thank you.

Sincerely,
Dr. Richard M. Uray
Executive Manager

September 22, 1992
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

On Wednesday, February 3, 1993, the South Carolina Association of Christian Schools will host its thirteenth annual Legislators' Breakfast. I would like to extend this invitation to all the members of the South Carolina House and ask that the meeting be placed on the House calendar.

The breakfast will be at the Holiday Inn on Assembly Street. We will begin serving at 8:00 A.M. and will try to conclude no later than 8:50 A.M.

If this date is approved I will also be sending out individual invitations to all members of the House sometime in early January.

Thank you for your help.

Sincerely Yours,
Reece Yandle
Executive Director

September 17, 1992
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

This letter is to confirm the S. C. School Board Association's original invitation for the Governor's Conference on Education/Legislative Luncheon on Wednesday, February 3, 1993. The conference begins at 10 A.M. at the Moore Building on the State Fairgrounds and the luncheon starts at 12:30 P.M.

Please note that the Legislative Reception has been canceled and will not be held on Tuesday, February 2, 1993 as originally scheduled.

Sincerely,
Mimi Pollcok
Marketing & Meeting Planning Assistant

August 6, 1992
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

The South Carolina Soft Drink Association, Inc. would like to host a reception for the full Senate and House of Representatives and their staff personnel on February 3, 1993. We have made arrangements with the Columbia Marriott Hotel, 1200 Hampton Street, Columbia, South Carolina for the hours 6:00 - 8:00 P.M. for the reception.

Please advise me if there is any additional information you might need in reference to our request. With kindest personal regards, I am

Sincerely,
Marshall Hooks

November 11, 1992
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

Members of the House of Representatives of the South Carolina General Assembly are cordially invited to a Drop-In for Legislators on Thursday morning, February 4, 1993, from 9:00 to 10:00 A.M. in the first floor lobby of the State House.

Co-hosting the event are the Association for Retarded Citizens of South Carolina and the South Carolina Human Service Providers, Inc. We hope each of the House members will take a few minutes to join us for coffee and rolls and to meet representatives of our organizations.

The Association for Retarded Citizens of South Carolina is the oldest and largest parent-volunteer-advocacy organization for mental retardation in the State. Its members include family members, people with mental retardation, professionals, and friends.

The South Carolina Human Services Providers is made up of executive staff of county Mental Retardation Boards and other organizations. These boards are comprised of volunteers who provide direction and support for local county mental retardation programs serving citizens with mental retardation.

If you need further information or to contact me for any reason, please call me in Columbia at 787-0286. We look forward to the Representatives dropping in to meet us on February 4, 1993!

Sincerely,
Jackie Robey
Chair
ARC/SC Governmental Affairs Committee

October 27, 1992
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

This is to confirm that Carolinas Associated General Contractors intends to sponsor a Legislative Reception for all members of the House and Senate on Tuesday, February 9, 1993, from 6:00 P.M. until 8:00 P.M. at the Embassy Suites Hotel in Columbia. We very much look forward to spending an enjoyable evening with the members of the General Assembly at this annual event.

Please call Sharon Walkup at (803) 799-5380 in our Columbia office if you need additional information.

Thank you.

Sincerely,
Stephen P. Gennett
Executive Vice President

October 14, 1992
The Honorable Robert J. Sheheen, Speaker
South Carolina House of Representative
P.O. Box 11867
Columbia, South Carolina 29211
ATTN: Ms. Shirley Cockfield

Dear Speaker Sheheen:

The South Carolina Department of Archives and History would like to invite all members of the South Carolina House of Representatives to a coffee on February 10, 1993, from 8:30 to 10:00 A.M., Room 208, Blatt Building. This event will be hosted by the South Carolina Archives and History Foundation.

We hope House members will have an opportunity to meet key Archives staff and learn more about the work of the agency. We will appreciate your assistance in getting the event listed on the House calendar. If you have any questions, please call me at the Archives (734-8577) or (734-8595).

Sincerely,
Ben F. Hornsby, Jr.
Public Programs

December 14, 1992
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

On behalf of the Board of Directors of the South Carolina State Museum Foundation, I seek approval of the following as an official event of the South Carolina House of Representatives and ask that it be made part of your official calendar.

We wish to host a reception here at the State Museum on Wednesday, evening February 10, 1993, from 6:00 P.M. until 8:00 P.M., honoring the South Carolina General Assembly and Constitutional Officers and the executives of BMW Manufacturing Corp. We also wish to focus on the Anderson Automobile Exhibit currently on display.

All 6,500 members of the Friends of the State Museum will be invited, and the expected total attendance should be around 400-500.

The Anderson Motor Company of Rock Hill, South Carolina produced about 6,500 vehicles from 1915 until 1925, making it heretofore the only mass-producer of automobiles in South Carolina. There are six (6) known to be in existence today, five of which are in this exhibit, scheduled to be on display until June 1993.

With the recent ground-breaking for BMW Manufacturing in Greenville and the "next generation" of South Carolina-made automobiles on the horizon, it seems especially fitting to have this event to signal this new era and to have the members of the legislature as our special guests.

I will appreciate your serious consideration of this request. Please let me know if you need further information. (Telephone 737-4935)

Sincerely,
Patricia D. Cooper
Executive Vice President

January 8, 1993
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

This is a follow up to our previous cordial invitation to members of the General Assembly and their staff members to the Fourteenth Annual Legislative Appreciation Reception, sponsored by the National Guard Association, on February 16, 1993, 6:00 P.M. to 8:00 P.M., at the National Guard Armory, 1225 Bluff Road, Columbia, South Carolina.

Please be sure all members of the House of Representatives are made aware of this invitation and we look forward to seeing all of you on February 16. Formal invitations will be mailed to each member approximately three weeks prior to the reception.

Sincerely,
WILLIAM H. SHACKELFORD
COL (Ret), SCARNG
Executive Director

October 9, 1992
Honorable Robert J. Sheheen
Speaker of the House
S.C. House of Representatives
P.O. Box 11867
Columbia, South Carolina 29211

Dear Speaker Sheheen:

This is to confirm our conversation with Ms. Shirley Cockfield of your office concerning the invitation of the South Carolina Association of Counties to the members of the House of Representatives to attend a reception on Wednesday, February 17, 1993, from 6:00 to 7:30 P.M. at the Embassy Suites Hotel in Columbia. This function is in conjunction with the Association's Sixth Annual Mid-Year Conference for County Officials.

We would request that this event be placed on the House Calendar for 1993. Thanking you for your assistance in this matter, I am

Very truly yours,
Belle J. Kennette
President

April 7, 1992
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

It was nice talking with you by phone regarding the scheduling of the 1993 Farm Bureau Annual Legislative Banquet.

We appreciate your agreeing to hold the date of February 23, 1993. The banquet will begin at 6:00 P.M. and will end approximately 7:15 P.M. and will be held at the Ellison Building at the State Fairgrounds in Columbia. I have contacted Ms. Moseley of the Senate Invitations Committee. In October, we will send the official invitations.

Your interest and help in this matter is most appreciated.

Sincerely,
Pete Gustafson
Director of Public Affairs

April 30, 1992
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

The Municipal Association of South Carolina would like to extend an invitation to members of the South Carolina House of Representatives to attend a reception on Wednesday evening, February 24, 1993 from 6:30 P.M. to 8:00 P.M. at the Columbia Marriott Hotel. This reception is part of the Association's 19th Annual Winter Meeting and Legislative Conference.

Best wishes,

Sincerely,
Mary Y. Clark
Councilperson, Camden
PRESIDENT

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration.

Document No. 1521
Promulgated By Tax Commission
Repeal Sales and Use Tax Sections
Received By Speaker January 15, 1993
Referred to House Committee on Ways and Means
120 Day Review Expiration Date May 15, 1993

Document No. 1583
Promulgated By Coastal Council
Wetland Master Planning
Received By Speaker January 15, 1993
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 15, 1993

Document No. 1585
Promulgated By Board of Nursing
Computerized Adaptive Testing; Issuing Permit to Canadian Licenses Who Have Passed CGFNS
Received By Speaker January 14, 1993
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date May 14, 1993

Document No. 1575
Promulgated By Land Resources Conservation Commission
Construction and Maintenance Activities of the Department of Highways and Public Transportation
Received By Speaker January 14, 1993
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date May 14, 1993

Document No. 1572
Promulgated By Health and Human Services Finance Commission
Medicaid Elimination of Medically Needy Program
Received By Speaker January 18, 1993
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date May 18, 1993

Document No. 1588
Promulgated By Board of Architectural Examiners
Intern Development Program
Received By Speaker January 18, 1993
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date May 18, 1993

REGULATION WITHDRAWN

The following was received.

Document No. 1482
Promulgated By Board of Nursing
Remediation Required Prior to Rewriting the Licensure Exam for the Third or More Time
Received By Speaker April 15, 1992
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date August 13, 1992; March 22, 1993
Withdrawn: January 14, 1993

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., January 14, 1993
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden (#4 only) the veto by the Governor on R. 637, H. 3044 by a vote of 36 to 0.
(R637) H. 3044 -- Reps. P. Harris, Waldrop and Whipper: AN ACT TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1992, AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTIONS 12-33-210 AND 12-33-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXES ON LICENSES GRANTED UNDER THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE FOR BIENNIAL LICENSES AND REVISE THE LICENSE TAXES; TO AMEND SECTION 61-3-610, RELATING TO ALCOHOLIC BEVERAGE CONTROL COMMISSION LICENSES TO PURCHASE ALCOHOLIC BEVERAGES FOR COOKING, SO AS TO REVISE THE LICENSE FEE AND CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTIONS 61-3-710 AND 61-5-70, RELATING TO EXPIRATION OF LICENSES ISSUED BY THE COMMISSION, SO AS TO REVISE THE EXPIRATION DATES AND THE LICENSING PERIOD AND CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 61-5-80, RELATING TO LICENSE FEES, SO AS TO REVISE THE FEES AND THE LICENSING PERIOD; TO AMEND SECTION 61-7-80, RELATING TO REGISTRATION OF PRODUCERS, SECTION 61-7-90, RELATING TO REGISTRATION OF BRANDS OF ALCOHOLIC LIQUORS, SECTION 61-7-110, RELATING TO THE REGISTRATION OF PRODUCER REPRESENTATIVES, SECTION 61-7-130, RELATING TO LICENSING OF PRODUCERS' WAREHOUSES, AND SECTION 61-9-220, RELATING TO PRODUCERS' CERTIFICATES OF REGISTRATION, SO AS TO REVISE THE FEES AND THE LICENSING PERIOD; TO AMEND SECTION 61-9-310, RELATING TO EXPIRATION OF PERMITS ISSUED BY THE COMMISSION, SO AS TO REVISE THE PERMIT FEES, EXPIRATION DATES, AND PERMITTING PERIOD; AND TO AMEND SECTION 61-9-1220, RELATING TO PERMITS FOR BREWERIES AND WINERIES, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL AND LICENSE TO PERMIT AND REVISE THE FEES AND THE PERMITTING PERIOD; TO AMEND THE 1976 CODE BY ADDING SECTION 33-55-45 SO AS TO PROVIDE FOR THE BIENNIAL LICENSING AND REGISTRATION OF CHARITABLE ORGANIZATIONS BY THE SECRETARY OF STATE; TO AMEND THE 1976 CODE BY ADDING SECTION 35-1-485 SO AS TO PROVIDE FOR THE BIENNIAL LICENSING AND REGISTRATION OF BROKER-DEALERS, AGENTS, AND INVESTMENT ADVISERS BY THE SECRETARY OF STATE; TO AMEND THE 1976 CODE BY ADDING SECTION 39-57-55 SO AS TO PROVIDE FOR THE BIENNIAL LICENSING AND REGISTRATION OF BUSINESS OPPORTUNITY SELLERS; TO AMEND THE 1976 CODE BY ADDING SECTION 41-25-35 SO AS TO PROVIDE FOR THE BIENNIAL LICENSING AND REGISTRATION OF PRIVATE PERSONNEL PLACEMENT SERVICE BUSINESSES; TO AMEND SECTION 33-55-40, RELATING TO THE REGISTRATION OF CHARITABLE ORGANIZATIONS, SO AS TO REVISE THE REGISTRATION PERIOD AND FEE AND CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 35-1-430 AND SECTION 35-1-480, AS AMENDED, RELATING TO THE REGISTRATION OF BROKER-DEALERS, AGENTS, AND INVESTMENT ADVISERS, SO AS TO REVISE THE REGISTRATION PERIOD AND FEE; TO AMEND SECTION 39-57-50, AS AMENDED, RELATING TO THE REGISTRATION OF BUSINESS OPPORTUNITY SELLERS, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL AND REVISE THE REGISTRATION FEE; AND TO AMEND SECTION 41-25-30, AS AMENDED, RELATING TO THE LICENSING OF PRIVATE PERSONNEL PLACEMENT SERVICE BUSINESSES, SO AS TO REVISE THE LICENSE FEE AND LICENSING PERIOD AND CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL; TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2719 SO AS TO REQUIRE THE TAX COMMISSION TO CONVERT COIN-OPERATED DEVICE LICENSES TO A BIENNIAL LICENSING PERIOD; TO AMEND SECTION 12-21-2720, AS AMENDED, RELATING TO THE LICENSE TAX ON COIN-OPERATED DEVICES OR MACHINES, SO AS TO REVISE THE LICENSING PERIOD AND TAX, DELETE THE EXEMPTION FOR BATTING MACHINES ON WHICH AN ADMISSIONS TAX IS IMPOSED, AND PROVIDE AN EXEMPTION FOR CERTAIN MACHINES IF AN ADMISSIONS TAX IS IMPOSED; TO AMEND SECTION 12-21-2722, RELATING TO TEMPORARY LICENSES FOR COIN-OPERATED DEVICES, SO AS TO REVISE THE LICENSING PERIOD AND CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL; TO AMEND SECTION 12-21-2728, RELATING TO AN OPERATOR'S LICENSE FOR COIN-OPERATED DEVICES, AND SECTION 12-21-2730, RELATING TO AN OPERATOR'S LICENSE FOR CERTAIN GAME TABLES, SO AS TO PROVIDE FOR BIENNIAL LICENSING AND REVISE THE LICENSE TAX; TO AMEND SECTION 12-21-2734, AS AMENDED, RELATING TO LICENSES TO ENGAGE IN THE BUSINESS OF COIN-OPERATED DEVICES, SO AS TO REVISE THE LICENSING PERIOD AND DELETE THE PROVISIONS FOR A SIX-MONTH LICENSE; TO AMEND SECTION 12-31-220, AS AMENDED, RELATING TO TEMPORARY PERMITS FOR MOTOR CARRIERS, AND SECTION 12-31-250, AS AMENDED, RELATING TO REGISTRATION CARDS, MARKERS, AND FEES FOR MOTOR CARRIERS, SO AS TO REVISE THE REGISTRATION PERIOD AND FEES AND CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 12-31-260, RELATING TO THE TERM OF REGISTRATION CARDS AND MARKERS, SO AS TO REVISE THE TERM AND PROVIDE FOR BIENNIAL CARDS AND MARKERS; AND TO REPEAL SECTION 3 C(2), PART II, ACT 170 OF 1987, RELATING TO COIN-OPERATED LICENSE RENEWALS AND PURCHASES; TO AMEND THE 1976 CODE BY ADDING SECTION 38-3-240 SO AS TO REQUIRE THE INSURANCE COMMISSION TO CONVERT ITS ANNUAL LICENSES TO A BIENNIAL LICENSING PERIOD; TO AMEND SECTION 38-7-10, RELATING TO THE LICENSE FEES FOR INSURERS, SO AS TO REVISE THE FEES AND THE LICENSING PERIOD AND CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 38-5-60, RELATING TO THE QUALIFICATIONS TO BECOME AN APPROVED REINSURER, SO AS TO PROVIDE FOR BIENNIAL INSTEAD OF ANNUAL FEES; TO AMEND SECTION 38-7-120, RELATING TO PAYMENTS AND REFUNDS OF INSURANCE FEES AND TAXES, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL; TO AMEND SECTION 38-17-160, RELATING TO CERTIFICATES OF AUTHORITY, AND SECTION 38-37-710, RELATING TO FRATERNAL BENEFIT ASSOCIATIONS, SO AS TO REVISE THE LICENSING PERIODS AND FEES; TO AMEND SECTION 38-43-70, RELATING TO NONRESIDENT INSURANCE AGENTS, OFFICERS, AND EMPLOYEES, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL; TO AMEND SECTION 38-43-80, RELATING TO LICENSE FEES FOR INSURANCE AGENTS, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL, REVISE THE FEES, AND DELETE THE AUTHORIZATION FOR SEMIANNUAL LICENSES; TO AMEND SECTION 38-43-110, RELATING TO THE DURATION OF AN AGENT'S LICENSE, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 38-45-20, AS AMENDED, RELATING TO THE REQUIREMENTS FOR LICENSURE AS AN INSURANCE BROKER, AND SECTION 38-45-30, AS AMENDED, RELATING TO THE REQUIREMENTS FOR LICENSURE OF A NONRESIDENT AS AN INSURANCE BROKER, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL AND REVISE THE LICENSE FEES; TO AMEND SECTION 38-45-50, RELATING TO THE DURATION OF A BROKER'S LICENSE AND NONPAYMENT OF THE LICENSE FEE, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 38-47-30, RELATING TO THE FEE FOR AN INSURANCE ADJUSTER'S LICENSE, SO AS TO REVISE THE FEE; TO AMEND SECTION 38-47-40, RELATING TO THE DURATION OF AN ADJUSTER'S LICENSE AND NONPAYMENT OF THE LICENSE FEE, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 38-49-20, RELATING TO LICENSES FOR MOTOR VEHICLE PHYSICAL DAMAGE APPRAISERS, SO AS TO PROVIDE FOR A BIENNIAL LICENSE AND REVISE THE LICENSE FEE; TO AMEND SECTION 38-49-30, RELATING TO CANCELLATION OF LICENSES FOR MOTOR VEHICLE PHYSICAL DAMAGE APPRAISERS, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; AND TO AMEND SECTION 38-70-50, RELATING TO PRIVATE REVIEW AGENTS, SO AS TO REVISE THE REGISTRATION FEE AND PERIOD; TO AMEND SECTION 11-9-820, OF THE 1976 CODE, RELATING TO THE BOARD OF ECONOMIC ADVISORS, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD; TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-825 SO AS TO PROVIDE FOR THE SUPPLEMENTAL ASSISTANCE TO THE FULL-TIME STAFF OF THE BOARD; TO AMEND SECTION 11-9-840, RELATING TO CERTAIN PROCEDURES OF THE BOARD INCLUDING ITS MEETING DATES, SO AS TO REVISE THE MEETING DATES; TO AMEND SECTION 11-9-880, RELATING TO THE FORECAST OF ECONOMIC CONDITIONS BY THE BOARD, SO AS TO REVISE THE MANNER IN WHICH THE BOARD MONITORS AND REVIEWS THE FLOW OF REVENUE FOR THE CURRENT FISCAL YEAR IN COMPARISON TO THE CURRENT YEAR'S FORECAST; AND TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-23 SO AS TO PROVIDE THAT VACANCIES IN THE POSITION OF DIRECTOR OF THE BUDGET DIVISION OF THE STATE BUDGET AND CONTROL BOARD MUST BE FILLED BY APPOINTMENT OF THE BUDGET AND CONTROL BOARD; TO AMEND THE 1976 CODE BY ADDING CHAPTER 52 IN TITLE 48, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, SO AS TO ESTABLISH THE STATE ENERGY OFFICE WITHIN THE DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD, TO PROVIDE THAT PERSONNEL AND FUNDING FOR THIS OFFICE MUST BE DERIVED FROM EXISTING STATE GOVERNMENT PERSONNEL AND FINANCIAL RESOURCES AVAILABLE TO THE STATE, AND TO ESTABLISH THE ENERGY ADVISORY COMMITTEE AND PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES; TO AMEND SECTION 48-23-100 OF THE 1976 CODE, RELATING TO THE SEEDLING PROGRAM OF THE STATE COMMISSION OF FORESTRY, SO AS TO AUTHORIZE THE REFUND OF DEPOSITS FOR SEEDLING ORDERS AND THE PURCHASE AND RESALE OF SEEDLINGS WHEN DEMAND EXCEEDS SUPPLY, AND TO REQUIRE THAT REVENUE RECEIVED FROM RESALE AND DISTRIBUTION OF SEEDLINGS MUST BE RETAINED IN A SEEDLING PURCHASE REVOLVING FUND AND EXPENDED ONLY FOR THAT PURPOSE; TO AMEND SECTION 44-56-160, AS AMENDED, OF THE 1976 CODE, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE FOR THE DISTRIBUTION OF FEES CREDITED TO THE FUND AND TO REQUIRE CERTAIN INTEREST ACCRUED ON THE FUND TO BE CREDITED TO THE GENERAL FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-163 SO AS TO PROVIDE FOR THE PINEWOOD HAZARDOUS WASTE CONTINGENCY FUND AND THE PINEWOOD DEVELOPMENT FUND; TO AMEND SECTION 44-56-165, RELATING TO HAZARDOUS WASTE REDUCTION AND MINIMIZATION ACTIVITIES, SO AS TO CONFORM THE FUNDING OF THESE ACTIVITIES TO OTHER PROVISIONS OF THIS SECTION; TO AMEND SECTION 44-56-170, AS AMENDED, RELATING TO HAZARDOUS WASTE FEES, SO AS TO INCREASE IN-STATE FEES FROM TWENTY-FIVE DOLLARS TO THIRTY-FOUR DOLLARS A TON, TO INCREASE OUT-OF-STATE FEES FROM THIRTY DOLLARS TO THIRTY-FOUR DOLLARS A TON, AND TO PROVIDE A TEN DOLLAR A TON FEE ON THE INCINERATION OF HAZARDOUS WASTE; TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-175 SO AS TO PROVIDE FOR THE DISTRIBUTION OF FEES FOR THE DISPOSAL OF HAZARDOUS WASTE AND NONHAZARDOUS WASTE AND TO PROVIDE THAT FEES FOR HAZARDOUS WASTE INCINERATION MUST BE CREDITED TO THE GENERAL FUND; TO AMEND SECTION 44-56-510, RELATING TO FEES FOR DISPOSING OF NONHAZARDOUS WASTE AT A HAZARDOUS WASTE SITE, SO AS TO INCREASE IN-STATE FEES FROM FIVE DOLLARS TO THIRTEEN DOLLARS AND SEVENTY CENTS A TON AND OUT-OF-STATE FEES FROM SEVEN DOLLARS TO THIRTEEN DOLLARS AND SEVENTY CENTS A TON; AND TO AMEND SECTION 44-56-810, RELATING TO THE HAZARDOUS WASTE MANAGEMENT RESEARCH FUND, SO AS TO CONFORM THE FINANCING OF THIS FUND TO OTHER PROVISIONS OF THIS ACT; TO AMEND SECTION 12-23-810 OF THE 1976 CODE, AS AMENDED, RELATING TO THE TAX ON LICENSED HOSPITALS, SO AS TO REVISE THE IMPOSITION FORMULA OF THE TAX; TO AMEND SECTION 44-93-170, AS AMENDED, OF THE 1976 CODE, RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE THAT THE INTEREST EARNED BY THE FUND BE CREDITED TO THE GENERAL FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 11-3-230 SO AS TO ALLOW PROFESSIONAL AND OCCUPATIONAL LICENSING AGENCIES (POLA'S) TO ESTABLISH SPECIAL COMPTROLLER GENERAL ACCOUNTS FOR THE CREDITING OF TEST FEES RECEIVED IN EXCESS OF AMOUNTS APPROPRIATED TO THESE AGENCIES FOR TEST EXPENSES, TO PROVIDE THAT FUNDS CREDITED TO THESE ACCOUNTS MAY BE USED ONLY TO PAY TEST EXPENSES, TO REQUIRE ACCOUNT BALANCES AT THE END OF A FISCAL YEAR TO BE REMITTED TO THE GENERAL FUND OF THE STATE, AND TO PROVIDE THE PROCEDURES FOR ESTABLISHING AND EXPENDING FUNDS FROM THESE ACCOUNTS; TO AMEND THE 1976 CODE BY ADDING SECTION 58-19-155, SO AS TO REQUIRE THE SOUTH CAROLINA PUBLIC RAILWAYS COMMISSION TO REMIT ONE HUNDRED FIFTY THOUSAND DOLLARS EACH FISCAL YEAR TO THE STATE TREASURER FOR DEPOSIT TO THE CREDIT OF THE GENERAL FUND OF THE STATE; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-145 SO AS TO EXEMPT FROM THE LICENSING AND OTHER REGULATORY REQUIREMENTS OF THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION PUBLIC SCHOOL STUDENTS AND INSTRUCTORS WHOSE CONTRACTING WORK IS PART OF A VOCATIONAL COURSE CURRICULUM; TO AMEND THE 1976 CODE BY ADDING SECTION 12-36-2645 SO AS TO IMPOSE THE SALES AND USE TAX ON GROSS PROCEEDS ACCRUING OR PROCEEDING FROM THE BUSINESS OF PROVIDING 900\976 TELEPHONE SERVICE, TO PROVIDE THAT THE APPLICABLE RATE OF THE TAX IS TEN PERCENT, AND TO CREDIT ALL OF THE PROCEEDS OF THE TAX TO THE GENERAL FUND OF THE STATE; TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-85 SO AS TO DIRECT THE COMPTROLLER GENERAL TO ACCRUE VARIOUS TAX AND FEE REVENUES FOR ACCOUNTING PURPOSES AND TO AMEND SECTIONS 12-21-1050 AND 12-33-450, RELATING TO THE PAYMENT OF BEER AND WINE AND ALCOHOLIC LIQUORS TAXES, SO AS TO DELETE THE REQUIREMENT FOR PAYING ESTIMATED TAXES FOR EACH JUNE; TO AMEND THE 1976 CODE BY ADDING SECTION 59-101-360, SO AS TO PROVIDE THAT SALES TAX REVENUES FROM CATALOG SALES WHICH EXCEED REVENUES FROM SUCH SALES IN FISCAL YEAR 1991-92 MUST BE CREDITED TO A SEPARATE FUND STYLED THE HIGHER EDUCATION SALES TAX FUND, TO PROVIDE FOR THE MANNER IN WHICH THESE REVENUES MUST BE USED IN THE FISCAL YEAR 1992-93 AND THEREAFTER, AND TO PROVIDE THAT FUND REVENUES MAY NOT BE USED TO SUPPLANT OTHER APPROPRIATIONS FOR HIGHER EDUCATION; TO AMEND SECTION 12-36-2610 OF THE 1976 CODE, RELATING TO THE DISCOUNT ALLOWED FOR TIMELY PAYMENT OF SALES AND USE TAX, SO AS TO REDUCE FROM TEN THOUSAND DOLLARS TO THREE THOUSAND DOLLARS THE TOTAL AMOUNT OF THE DISCOUNT PERMITTED A TAXPAYER IN ANY ONE STATE FISCAL YEAR; AND TO REPEAL SECTION 12-36-2600, RELATING TO THE PAYMENT OF ESTIMATED SALES TAX AND THE PENALTY FOR FAILURE TO MAKE THE APPROPRIATE ESTIMATED PAYMENT; TO AMEND SECTION 12-27-1260 OF THE 1976 CODE, RELATING TO THE CREDITING OF ADDITIONAL TAXES TO THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY FUND, SO AS TO DELETE THE PROVISION FOR EARNINGS ON INVESTMENTS FROM THE FUND TO BE DEPOSITED IN THE FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 12-27-1295 SO AS TO AUTHORIZE REVENUES CREDITED TO THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY FUND (SHIMS) TO BE USED TO MATCH FEDERAL HIGHWAY FUNDS WHEN FEDERAL MATCHING FUNDS WOULD OTHERWISE BE LOST BECAUSE OTHER FUNDS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, AVAILABLE TO MATCH FEDERAL FUNDS, EXCLUDING "C" FUNDS, ARE EXHAUSTED AND TO PROVIDE THAT SHIMS REVENUES NOT REQUIRED TO MATCH FEDERAL HIGHWAY FUNDS MUST BE EXPENDED ON SHIMS PROJECTS THAT ARE INELIGIBLE TO RECEIVE FEDERAL FUNDS; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE DEPARTMENT, SO AS TO PROVIDE THAT THE DEPARTMENT MUST PROCESS ALL VOUCHERS FOR THE PAYMENT OF GOODS, SERVICES, AND PERSONNEL SERVICES THROUGH THE OFFICE OF THE COMPTROLLER GENERAL; TO AMEND SECTION 11-35-45(B), RELATING TO THE DEPARTMENT'S LUMP SUM STATUS, SO AS TO ELIMINATE THE DEPARTMENT'S LUMP SUM STATUS; TO AMEND SECTION 57-3-450, RELATING TO THE SECRETARY-TREASURER OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO RENAME THE POSITION AND TO PROVIDE FOR APPOINTMENT BY THE EXECUTIVE DIRECTOR; TO AMEND SECTION 57-3-470, RELATING TO THE STATE HIGHWAY ENGINEER, SO AS TO RENAME THE POSITION AND TO PROVIDE FOR THE APPOINTMENT BY THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION; TO AMEND SECTION 57-3-760, RELATING TO THE ANNUAL REPORT, SO AS TO PROVIDE THAT ADDITIONAL INFORMATION BE INCLUDED; AND TO REPEAL SECTIONS 57-11-30, 57-11-40, 57-11-50, 57-11-60, AND 57-11-70 RELATING TO FINANCES OF THE DEPARTMENT EFFECTIVE JULY 1, 1993; TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-450 SO AS TO REQUIRE ALL STATE AGENCIES AND INSTITUTIONS TO PARTICIPATE IN THE STATE BUDGET AND CONTROL BOARD SUGGESTION AWARDS PROGRAM; TO AMEND SECTIONS 44-2-20, 44-2-40, AS AMENDED, 44-2-60, AS AMENDED, 44-2-70, AS AMENDED, 44-2-90, AS AMENDED, 44-2-110, AS AMENDED, 44-2-120, AND 44-2-130, AS AMENDED, RELATING TO THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO REVISE AND ADD CERTAIN DEFINITIONS, ESTABLISH A SECOND FUND ENTITLED THE "SUPERB FINANCIAL RESPONSIBILITY FUND" TO BE USED FOR COMPENSATING THIRD PARTY CLAIMS, TO PROVIDE THAT COSTS WHICH MAY BE REIMBURSED OR PAID FROM THE FIRST FUND ENTITLED THE SUPERB ACCOUNT INCLUDE THOSE THAT ARE USUAL, CUSTOMARY, AND REASONABLE, TO PERMIT PERSONS TO OBTAIN A DETERMINATION OF ELIGIBILITY FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO UTILIZE THE SUPERB ACCOUNT, TO ALLOW INTEREST TO BE PAID FROM THE SUPERB ACCOUNT FOR OVERDUE PAYMENTS FOR REMEDIAL WORK PERFORMED, TO FURTHER PROVIDE FOR THE FEES WHICH ARE AUTHORIZED TO BE IMPOSED AND FOR THE USE AND DISTRIBUTION OF THESE FEES, AND TO EXTEND THE EXPIRATION DATE OF THE GENERAL GRACE PERIOD OF THE EARLY DETECTION INCENTIVE PROGRAM TO JUNE 30, 1993; TO AMEND SECTIONS 50-21-160 AND 50-23-220 OF THE 1976 CODE, RELATING TO THE DISPOSITION OF FEES AND FINES FOR WATERCRAFT VIOLATIONS AND WATERCRAFT AND OUTBOARD MOTOR TITLE FEES, SO AS TO PERMIT THE FEES ALLOWED TO BE RETAINED BY THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT TO BE USED FOR ALL DEPARTMENTAL PURPOSES; TO AMEND SECTION 8-11-135 OF THE 1976 CODE, RELATING TO AUTHORITY OF A STATE AGENCY TO PAY CERTAIN EMPLOYEE MOVING EXPENSES, SO AS TO DELETE THE REQUIREMENT THAT THE PAYMENT AMOUNT MUST BE APPROVED BY THE STATE BUDGET AND CONTROL BOARD AND TO REQUIRE THE STATE AUDITOR IN THE REGULAR AGENCY AUDIT TO DETERMINE COMPLIANCE WITH THE APPLICABLE REQUIREMENTS FOR SUCH PAYMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 57-5-1140 SO AS TO PROVIDE FOR INSTALLATION OF RESIDENTIAL RIGHTS-OF-WAY ENTRANCES AND APRONS TO STATE HIGHWAYS BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION; TO AMEND SECTION 12-7-1235 OF THE 1976 CODE, RELATING TO THE STATE INCOME TAX CREDIT FOR PAYMENTS BY THE TAXPAYER TO INSTITUTIONS PROVIDING SKILLED OR INTERMEDIATE CARE, SO AS TO CHANGE THE REFERENCE TO SKILLED OR INTERMEDIATE CARE TO NURSING FACILITY LEVEL OF CARE AND TO EXTEND THE CREDIT TO PAYMENTS FOR IN-HOME OR COMMUNITY CARE FOR PERSONS DETERMINED TO MEET NURSING FACILITY LEVEL OF CARE CRITERIA AS CERTIFIED BY A LICENSED PHYSICIAN; TO AMEND SECTION 44-7-84, AS AMENDED, OF THE 1976 CODE, RELATING TO MEDICAID NURSING HOME BEDS, SO AS TO DELETE THE MEDICAID NURSING HOME BED FEE; TO PROVIDE THAT FOR FISCAL YEARS 1987-88, 1988-89, 1989-90, AND 1990-91, TEN FIFTY-FIFTHS OF DOCUMENTARY STAMP TAX REVENUES COLLECTED BY THE SOUTH CAROLINA TAX COMMISSION MUST BE PAID TO THE HERITAGE LAND TRUST FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-140 SO AS TO AUTHORIZE A STATE AGENCY TO CONTRACT BY THE COMPETITIVE BIDDING PROCESS, FOR THE SALE OF ADVERTISING SPACE, TO PROVIDE FOR THE DISTRIBUTION OF THE ADVERTISING REVENUE, TO PROVIDE THE REQUIREMENTS WHICH THE ADVERTISING AND THE SALE OF THE ADVERTISING MUST MEET TO PROVIDE A PROCEDURE FOR WRITTEN OBJECTION TO ADVERTISING PLACED PURSUANT TO THE PROVISIONS OF THIS SECTION; TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-3610 SO AS TO EXTEND THE SALES TAX TO THE GROSS PROCEEDS OF BINGO GAMES EXCEPT FOR BINGO GAMES HELD UNDER A CLASS E LICENSE; TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-725 SO AS TO PROVIDE THAT ANY PERSON CONVICTED OF, PLEADING GUILTY OR NOLO CONTENDERE TO, OR POSTING BOND FOR A TRAFFIC VIOLATION FOR WHICH POINTS ARE ASSESSED PURSUANT TO SECTION 56-1-720 MUST PAY AN ADDITIONAL ASSESSMENT OF FIVE DOLLARS, NO PORTION OF WHICH MAY BE SUSPENDED; TO AMEND THE 1976 CODE, BY ADDING SECTION 12-7-2419 SO AS TO PROVIDE A DESIGNATION ON INCOME TAX FORMS TO CONTRIBUTE TO AN ELDERCARE TRUST FUND; AND TO ADD SECTIONS 43-21-160, 43-21-170, AND 43-21-180 SO AS TO PROVIDE FOR THE CREATION AND ADMINISTRATION OF THE ELDERCARE TRUST FUND OF SOUTH CAROLINA; TO AMEND THE 1976 CODE BY ADDING SECTION 12-9-40, SO AS TO REQUIRE INCOME TAX WITHHOLDING ON DISTRIBUTIONS TO NONRESIDENT SHAREHOLDERS OF 'S' CORPORATIONS AND NONRESIDENT PARTNERS, TO PROVIDE THE RATE AND PROCEDURES FOR THE WITHHOLDING, AND TO PROVIDE EXCEPTIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-465, SO AS TO PROHIBIT THE USE OF FUNDS FROM THE INSURANCE RESERVE FUND OR OTHER RESERVE FUNDS TO PAY LEGAL FEES AND ASSOCIATED COSTS TO DEFEND STATE OR LOCAL OFFICERS FROM A 1983 ACTION ARISING OUT OF REDISTRICTING; TO AMEND CHAPTER 31, TITLE 56 OF THE 1976 CODE, RELATING TO THE RENTAL OF PRIVATE PASSENGER MOTOR VEHICLES, BY ADDING SECTION 56-31-50 SO AS TO PROVIDE THAT RENTAL COMPANIES ENGAGED IN THE BUSINESS OF RENTING PRIVATE PASSENGER MOTOR VEHICLES FOR PERIODS OF THIRTY-ONE DAYS OR LESS SHALL COLLECT CERTAIN SURCHARGES ON ALL RENTAL CONTRACTS, PROVIDE FOR THE USE OF THE REVENUE GENERATED BY THESE SURCHARGES, PROVIDE FOR A MISDEMEANOR OFFENSE AND PENALTIES, AND PROVIDE FOR THE PROMULGATION OF REGULATIONS BY THE TAX COMMISSION; TO AMEND SECTION 13-7-30 OF THE 1976 CODE, RELATING TO THE POWERS AND DUTIES OF THE STATE BUDGET AND CONTROL BOARD IN REGARD TO RADIOACTIVE WASTE, SO AS TO PROVIDE THAT NO MORE THAN TWO MILLION, FIVE HUNDRED THOUSAND DOLLARS A FISCAL YEAR MAY BE PAID TO THE GOVERNING BODY OF BARNWELL COUNTY FROM THE SURCHARGES AND PENALTY SURCHARGES COLLECTED AT THE BARNWELL FACILITY AND TO FURTHER PROVIDE FOR THE USE OF THE REMAINING FUNDS GENERATED FROM THE COLLECTION OF THESE SURCHARGES AND PENALTY SURCHARGES; TO AMEND SECTION 48-47-30, RELATING TO THE DEFINITIONS IN REGARD TO THE SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT, SO AS TO REVISE THE DEFINITION OF "REGIONAL FACILITY" TO AUTHORIZE THE BARNWELL FACILITY TO REMAIN THE REGIONAL FACILITY UNTIL JANUARY 1, 1996; TO AMEND SECTION 48-48-30, RELATING TO LIMITS ON THE AMOUNT OF WASTE WHICH MAY BE DISPOSED OF AT THE BARNWELL FACILITY, SO AS TO EXTEND THE LIMIT ON THE AMOUNT OF WASTE WHICH MAY BE DISPOSED OF AT THE BARNWELL FACILITY TO TEN MILLION CUBIC FEET THROUGH JANUARY 1, 1996, NOT TO EXCEED ONE MILLION, TWO HUNDRED THOUSAND CUBIC FEET OF WASTE FOR A CALENDAR YEAR; TO AMEND SECTION 48-48-80, RELATING TO LEGISLATIVE AUTHORIZATION FOR CONTINUED OPERATION OF THE LOW-LEVEL WASTE DISPOSAL FACILITY LOCATED NEAR BARNWELL, SO AS TO AUTHORIZE THAT FACILITY TO CONTINUE TO OPERATE, AND ALSO SERVE AS THE REGIONAL DISPOSAL FACILITY FOR THE SOUTHEAST REGION UNTIL JANUARY 1, 1996, UNDER CERTAIN CONDITIONS; TO AMEND SECTION 48-48-90, RELATING TO THE CARRY-FORWARD OF UNUSED ANNUALIZED SITE CAPACITY, SO AS TO PROVIDE THAT THE TOTAL AMOUNT OF WASTE WHICH MAY BE DISPOSED OF AT THE FACILITY PRIOR TO DECEMBER 31, 1995, IS TEN MILLION CUBIC FEET AND EXTEND THE CARRY-FORWARD PROVISION TO DECEMBER 31, 1995; AND TO PROVIDE THAT IF THE STATE OF NORTH CAROLINA ISSUES A PERMIT FOR A HAZARDOUS WASTE OR SOLID WASTE FACILITY AT A SITE LOCATED WITHIN ONE MILE OF THE BORDER OF A NEIGHBORING STATE AFTER THE EFFECTIVE DATE OF THIS SECTION, LOW-LEVEL WASTE GENERATED OUTSIDE OF THE STATE OF SOUTH CAROLINA MAY NOT BE DISPOSED AT THE LOW-LEVEL RADIOACTIVE WASTE FACILITY LOCATED AT BARNWELL AFTER THE DATE OF ISSUANCE OF THE PERMIT BY THE STATE OF NORTH CAROLINA OR JANUARY 1, 1993, WHICHEVER DATE IS LATER; TO AMEND SECTION 12-27-1270, AS AMENDED, OF THE 1976 CODE, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO INCREASE FROM TEN TO FIFTEEN MILLION DOLLARS OF THE AMOUNT SHIMS REVENUES THAT MUST BE CREDITED TO THE ACCOUNT IN A FISCAL YEAR AND TO AMEND A JOINT RESOLUTION OF 1992 BEARING RATIFICATION NUMBER 409, RELATING TO A TEN MILLION DOLLAR INCREASE IN THE ECONOMIC DEVELOPMENT ACCOUNT FOR FISCAL YEAR 1992-93, SO AS TO CONFORM THE RESOLUTION TO THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 6-10-30 OF THE 1976 CODE, RELATING TO BUILDING CODES, SO AS TO ALLOW CERTAIN EXCEPTIONS TO PROMOTE AFFORDABLE HOUSING; TO AMEND SECTIONS 58-25-40, AS AMENDED, AND 58-25-60, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO PROVIDE FOR PER DIEM OF MEMBERS UNDER CERTAIN CONDITIONS AND LIMIT SOURCES AND USES OF REVENUES; AND TO PROHIBIT INTEGRATED RESOURCE PLAN REQUIREMENTS FOR GAS UTILITIES UNDER CERTAIN CIRCUMSTANCES.
Very respectfully,
President

No. 98

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., January 14, 1993
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor on R. 543, S. 283 by a vote of 0 to 35.
(R543) S. 283 -- Senator Hinds: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 6 SO AS TO PROVIDE FOR CONSOLIDATION OF EXISTING PLANNING ENABLING LEGISLATION; TO UPDATE EXISTING LEGISLATIVE ACTS; TO REPEAL CHAPTER 27 OF TITLE 4 RELATING TO THE COUNTY PLANNING ACT; TO REPEAL CHAPTER 23 OF TITLE 5 RELATING TO ZONING AND PLANNING BY MUNICIPALITIES; TO REPEAL SECTIONS 6-7-310 THROUGH 6-7-1110 OF CHAPTER 7 OF TITLE 6 RELATING TO PLANNING BY LOCAL GOVERNMENTS; AND TO REPEAL ACT 129 OF 1963 RELATING TO THE GREENVILLE COUNTY PLANNING COMMISSION.
Very respectfully,
President

No. 97

Received as information.

REPORTS OF STANDING COMMITTEES

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 3060 -- Reps. Whipper, Breeland, White, Waites and Cobb-Hunter: A JOINT RESOLUTION TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN TO ESTABLISH A TASK FORCE TO STUDY JUVENILE CRIME AND TO REPORT TO THE GENERAL ASSEMBLY AND THE GOVERNOR.

Ordered for consideration tomorrow.

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 3005 -- Rep. Waites: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, MARCH 24, 1993, AS "HOSPITAL DAY".

Ordered for consideration tomorrow.

Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 3010 -- Reps. Carnell, Felder, Boan, M.O. Alexander, Barber, Beatty, H. Brown, J. Brown, Cato, Clyborne, Cobb-Hunter, Corning, Cromer, Davenport, Delleney, Elliott, Fulmer, Gamble, Govan, Hallman, Harrelson, J. Harris, P. Harris, Harvin, Hodges, Holt, Jaskwhich, Jennings, Keegan, Kinon, Kirsh, Koon, Lanford, Mattos, McAbee, McCraw, McElveen, McKay, McTeer, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Riser, Rogers, Rudnick, Sheheen, Shissias, R. Smith, Snow, Stille, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Worley, R. Young, Marchbanks, Richardson, Huff, A. Young, Wofford, Graham, Chamblee, Klauber and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-140 SO AS TO LIMIT APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT TO AN AMOUNT NOT TO EXCEED THE BASE REVENUE ESTIMATE, TO DEFINE BASE REVENUE ESTIMATE, TO PROVIDE FOR AN INCREASE IN THE BASE REVENUE ESTIMATE ON THE WRITTEN CERTIFICATION OF THE BOARD OF ECONOMIC ADVISORS, AND TO PROVIDE WHEN AND FOR WHAT PURPOSES SURPLUS REVENUES MAY BE APPRORPRIATED.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3156 -- Reps. J. Brown, Holt, Kennedy, White, Whipper, G. Brown, J. Bailey, Inabinett, J. Wilder, Haskins, Jaskwhich, Cobb-Hunter, Elliott, Byrd, Hines, Neal, Canty, Breeland, Graham, Beatty, Rudnick, R. Young, Govan, Farr and Harvin: A HOUSE RESOLUTION TO AMEND RULE 10.1 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO PERSONS ADMITTED TO THE FLOOR, SO AS TO PROVIDE THAT THE STAFF DIRECTOR OF THE SOUTH CAROLINA LEGISLATIVE BLACK CAUCUS MAY BE ADMITTED TO THE FLOOR.

The Resolution was ordered referred to the Committee on Rules.

CONCURRENT RESOLUTION

The following was introduced:

H. 3157 -- Reps. Byrd, J. Brown, Scott, Jaskwhich, Cobb-Hunter, Phillips, Whipper, Littlejohn, Harwell, McMahand, Anderson, Haskins, White, J. Harris, Hines, Robinson, Kinon, J. Bailey, Neal, Govan, Elliott, Waites, Canty, J. Wilder, Beatty, D. Wilder, Inabinett, R. Young, Harrelson, G. Brown, Breeland, Rudnick and Harvin: A CONCURRENT RESOLUTION AUTHORIZING THE COMMISSIONING OF A PORTRAIT OF MODJESKA MONTEITH SIMKINS TO BE PLACED IN THE STATE HOUSE.

The Concurrent Resolution was ordered referred to the Committee on Ways and Means.

CONCURRENT RESOLUTION

The following was introduced:

H. 3158 -- Reps. Rudnick, Huff, R. Smith, Stone and Sharpe: A CONCURRENT RESOLUTION CONGRATULATING THE GREEN HORNETS OF AIKEN HIGH SCHOOL ON WINNING THE 1992 CLASS AAAA DIVISION II STATE FOOTBALL CHAMPIONSHIP.

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

H. 3159--ADOPTED AND SENT TO THE SENATE

The following was introduced:

H. 3159 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE ROGER MUNSON, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 24, 1993.

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

That the Honorable Roger Munson, National Commander of the American Legion, is invited to address the General Assembly in joint session at 12:00 Noon on Wednesday, March 24, 1993.

The question then recurred to the adoption of the Resolution.

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

Yeas 78; Nays 1

Those who voted in the affirmative are:

Alexander, M.O.        Allison                Anderson
Askins                 Barber                 Baxley
Boan                   Breeland               Brown, H.
Brown, J.              Byrd                   Carnell
Chamblee               Cooper                 Davenport
Delleney               Elliott                Felder
Gamble                 Govan                  Hallman
Harrell                Harris, J.             Harris, P.
Harrison               Hines                  Hodges
Holt                   Houck                  Hutson
Inabinett              Jennings               Keegan
Kelley                 Keyserling             Kinon
Kirsh                  Klauber                Law
Marchbanks             Mattos                 McAbee
McCraw                 McElveen               McMahand
McTeer                 Moody-Lawrence         Neal
Neilson                Phillips               Rhoad
Richardson             Robinson               Rudnick
Sheheen                Shissias               Simrill
Smith, R.              Snow                   Spearman
Stille                 Stone                  Stuart
Thomas                 Townsend               Trotter
Tucker                 Waldrop                Walker
Wells                  Wilder, D.             Wilder, J.
Wilkins                Williams               Witherspoon
Wofford                Worley                 Young, A.

Total--78

Those who voted in the negative are:
Young, R.

Total--1

So, the Concurrent Resolution was adopted and ordered sent to the Senate.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 217 -- Senator Peeler: A CONCURRENT RESOLUTION RECOGNIZING THE REVEREND STUART A. KERSEY, PASTOR OF CHEROKEE AVENUE BAPTIST CHURCH IN GAFFNEY, FOR HIS MANY YEARS OF OUTSTANDING SERVICE IN THE MINISTRY AND WISHING HIM HAPPINESS FOLLOWING HIS RETIREMENT.

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

INTRODUCTION OF BILLS

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

H. 3160 -- Reps. Corning, Cato, J. Bailey, Harrell, Quinn, Klauber, Simrill, Jaskwhich, A. Young, J. Harris, Shissias, Haskins, Harrison, Waites, Hallman, Gonzales, Meacham, Vaughn and Davenport: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 15 TO ARTICLE XVII SO AS TO PERMIT THE ENACTMENT OF LAWS AND CONSTITUTIONAL AMENDMENTS BY INITIATIVE PETITION.

Referred to Committee on Judiciary.

H. 3161 -- Rep. McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-9-505 SO AS TO PROVIDE THAT WHEN A PERSON'S DRIVER'S LICENSE HAS BEEN SUSPENDED FOR POINTS, THE PERSON SHALL NOT BE REQUIRED TO FURNISH PROOF OF RESPONSIBILITY UNDER SECTION 56-9-550 FOR A PERIOD EXCEEDING THREE YEARS FOLLOWING THE DATE OF THE TERMINATION OF THE SUSPENSION.

Referred to Committee on Education and Public Works.

H. 3162 -- Reps. Cobb-Hunter, Waites, Byrd, Stille, Rogers, Whipper, Canty, Mattos, Hines, McMahand, Harrelson, Harvin and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1227 SO AS TO AUTHORIZE A TAX CREDIT OF TWENTY PERCENT OF COSTS FOR CONSTRUCTING LOW INCOME HOUSING THAT QUALIFIES FOR FEDERAL HOUSING AND URBAN DEVELOPMENT SUBSIDIES.

Referred to Committee on Ways and Means.

H. 3163 -- Reps. Cobb-Hunter, Waites, Harwell, Wofford, Rogers, Stille, Baxley, Byrd, Thomas, Mattos, McMahand, Littlejohn, Whipper, Canty, Hines, Gonzales, Simrill, Wright, Harvin, McTeer, J. Harris, Meacham and Shissias: A JOINT RESOLUTION TO RENAME THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES.

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

H. 3164 -- Reps. Govan, Cobb-Hunter, Hutson, Breeland, Wofford, White, Wilkins, Simrill, Kennedy, Hines, Law, Chamblee, Waldrop, Kirsh, McMahand, A. Young, Farr and Meacham: A BILL TO AMEND SECTION 16-23-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL PUNISHMENT FOR POSSESSING A FIREARM OR KNIFE DURING THE COMMISSION OF A VIOLENT CRIME, SO AS TO INCREASE THE PENALTY FOR VIOLATION.

Referred to Committee on Judiciary.

H. 3165 -- Reps. P. Harris, Waldrop, Neilson, Allison, Cromer, Haskins, Jaskwhich, Littlejohn, Marchbanks, Mattos, Phillips, Rudnick, Shissias, Snow, Stille, Vaughn, Wells, Whipper, J. Wilder and Wilkes: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA COMMISSION ON AGING, 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.

Referred to Committee on Education and Public Works.

H. 3166 -- Rep. Kirsh: A BILL TO AMEND SECTION 40-11-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FINANCIAL STATEMENT REQUIRED TO LICENSE A CONTRACTOR, SO AS TO REQUIRE AN AFFIDAVIT OF FINANCIAL CONDITION INSTEAD OF A FINANCIAL STATEMENT.

Referred to Committee on Labor, Commerce and Industry.

H. 3167 -- Rep. Kirsh: A BILL TO AMEND SECTION 56-10-245, CODE OF LAWS OF S. C., 1976, RELATING TO THE PER DIEM FINE FOR A LAPSE IN REQUIRED COVERAGE, SO AS TO DECREASE THE FINE FROM FIVE DOLLARS TO ONE DOLLAR AND THE TOTAL FINE FROM A MAXIMUM OF TWO HUNDRED TO THIRTY DOLLARS FOR A FIRST OFFENSE FOR A LAPSE IN AUTOMOBILE LIABILITY INSURANCE COVERAGE, AND PROVIDE THAT THIS FINE BE REMITTED TO THE REINSURANCE FACILITY INSTEAD OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND MUST BE INCLUDED IN THE DETERMINATION OF THE RECOUPMENT FEE.

Referred to Committee on Education and Public Works.

H. 3168 -- Rep. Kirsh: A BILL TO AMEND SECTION 30-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR UNLAWFULLY REMOVING, DEFACING, OR DESTROYING A PUBLIC RECORD, SO AS TO INCREASE THE PENALTY FOR VIOLATION.

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

H. 3169 -- Rep. Kirsh: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X, SECTION 14, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE BONDED INDEBTEDNESS OF POLITICAL SUBDIVISIONS, SO AS TO INCREASE THE GENERAL OBLIGATION DEBT LIMIT FROM EIGHT TO TWELVE PERCENT OF THE ASSESSED VALUE OF ALL TAXABLE PROPERTY OF POLITICAL SUBDIVISIONS.

Referred to Committee on Ways and Means.

H. 3170 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-227 SO AS TO MAKE IT UNLAWFUL FOR A PERSON WITH INTENT TO DEFRAUD A PUBLIC BODY OF THIS STATE TO USE OR AUTHORIZE THE USE OF PUBLIC FUNDS, EMPLOYEES, OR PROPERTY FOR PRIVATE USE OR BENEFIT, MAKE IT UNLAWFUL FOR A PERSON TO DO OR ATTEMPT TO DO ANY OTHER ACT TO DEFRAUD A PUBLIC BODY OF THIS STATE, AND PROVIDE PENALTIES FOR VIOLATION.

Referred to Committee on Judiciary.

H. 3171 -- Reps. Corning, Cato, McLeod, A. Young, Huff, Gamble, Shissias, Harrison, Moody-Lawrence, Jaskwhich, Klauber, Gonzales, Haskins, Robinson, Elliott, R. Smith, Vaughn, Waites, Davenport, Meacham, Holt, Simrill, Allison, Walker, Clyborne, Beatty and Stone: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 11, TITLE 11, SO AS TO PROVIDE FOR A "ZERO-BASED" BUDGET REVIEW OF CERTAIN AGENCIES, DEPARTMENTS, COMMISSIONS, BOARDS, AND INSTITUTIONS EVERY EIGHT YEARS BY A JOINT COMMITTEE CONSISTING OF MEMBERS OF THE WAYS AND MEANS COMMITTEE AND SENATE FINANCE COMMITTEE FOR COMMITTEE MEMBERSHIP AND DUTIES, FOR THE SCOPE OF REVIEW, AND FOR THE ESTABLISHMENT OF A SCHEDULE OF REVIEW.

Referred to Committee on Ways and Means.

H. 3172 -- Reps. Vaughn, Moody-Lawrence, Hallman, G. Brown, Littlejohn, Chamblee, G. Bailey, Cato, Haskins, A. Young, Stone, Fulmer, Harwell, Cooper, Jaskwhich, Meacham, Allison, Wells, Huff, Neilson, Walker, Harrell, Hines, McMahand, Robinson, Byrd, Stoddard, Shissias, J. Wilder, Graham, Cromer, Elliott, T.C. Alexander, R. Smith, Corning, Kirsh, Hutson, Harrison, Quinn, Rudnick, D. Wilder and Fair: A BILL TO AMEND SECTION 56-3-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL REGISTRATION FEE FOR PRIVATE PASSENGER-CARRYING VEHICLES, SO AS TO PROVIDE THAT THE FEE OF TEN DOLLARS ANNUALLY IS AUTHORIZED FOR PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER WHO LEASES A VEHICLE.

Referred to Committee on Education and Public Works.

H. 3173 -- Rep. Waldrop: A BILL TO AMEND SECTION 40-39-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VESTING OF TITLE TO PROPERTY IN THE POSSESSION OF A PAWNBROKER, SO AS TO DECREASE THE DAYS FROM SIXTY TO THIRTY WITHIN WHICH VESTING OCCURS ON UNPAID PROPERTY.

Referred to Committee on Labor, Commerce and Industry.

H. 3174 -- Rep. Felder: A BILL TO AMEND SECTION 61-9-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF BEER MANUFACTURERS, BREWERS, IMPORTERS, WHOLESALERS, AND RETAILERS, SO AS TO DEFINE OWNERSHIP AND FINANCIAL INTEREST IN BEER OPERATIONS AS REGARDS TIERS IN THE INDUSTRY.

Referred to Committee on Labor, Commerce and Industry.

H. 3175 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-435 SO AS TO PROVIDE FOR AN OFFENSE FOR FRAUDULENT ACQUISITION OF PUBLIC FUNDS OR BENEFITS AND TO PROVIDE PENALTIES; AND TO REPEAL SECTION 16-13-430 RELATING TO FRAUDULENT ACQUISITION OR USE OF FOOD STAMPS.

Referred to Committee on Judiciary.

H. 3176 -- Rep. T.C. Alexander: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO CHANGE THE LENGTH OF THE SQUIRREL SEASON IN GAME ZONE 1.

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

H. 3177 -- Rep. T.C. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 46 SO AS TO REGULATE THE PROTECTION, COLLECTION, AND SALE OF GINSENG AND PROVIDE PENALTIES FOR VIOLATIONS.

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

H. 3178 -- Reps. T.C. Alexander, M.O. Alexander, Hodges and Mattos: A BILL TO AMEND SECTION 14-17-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIGNATURE OF CLERK OF COURT ON ALL PROCESSES AND JUDGMENTS, SO AS TO REQUIRE THE CLERK OF COURT TO DOCUMENT ON THE ORIGINAL JUDGMENT THE SOCIAL SECURITY NUMBER AND LAST KNOWN ADDRESS OF THE PARTY AGAINST WHOM JUDGMENT IS ENTERED.

Referred to Committee on Judiciary.

H. 3179 -- Reps. Wright, Riser, Quinn and Corning: A BILL TO AMEND SECTION 58-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF MUNICIPAL UTILITIES FROM REGULATION BY THE PUBLIC SERVICE COMMISSION, SO AS TO LIMIT THE EXEMPTION TO A PUBLIC UTILITY'S OPERATIONS WITHIN THE MUNICIPALITY'S CORPORATE LIMITS; AND TO AMEND SECTION 58-27-1010, RELATING TO THE PROHIBITION ON REGULATION BY THE PUBLIC SERVICE COMMISSION OF CONTRACTS MADE BY A MUNICIPALITY, SO AS TO LIMIT THE PROHIBITION TO CONTRACTS MADE BY A MUNICIPALITY WITH CUSTOMERS WHO ARE LOCATED WITHIN THE CORPORATE LIMITS OF THE MUNICIPALITY.

Referred to Committee on Judiciary.

H. 3180 -- Reps. Corning, Hallman, Rogers, Shissias, Scott, Klauber, Jaskwhich, Holt, R. Young, J. Bailey, Waites, Kelley and Graham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 61 SO AS TO PROVIDE FOR THE ESTABLISHMENT, OPERATION, AND PERMITTING OF BREWPUBS, PROMULGATION OF REGULATIONS INCLUDING PROVISIONS FOR FEES, AND PENALTIES.

Referred to Committee on Labor, Commerce and Industry.

H. 3181 -- Reps. Jennings, Delleney, Govan, Baxley, Tucker and Elliott: 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 AND TO PROVIDE THAT THIS AMOUNT IS IN THE COURT'S DISCRETION.

Referred to Committee on Judiciary.

S. 17 -- Senators Wilson and Lander: A BILL TO AMEND AN ACT OF 1992 BEARING RATIFICATION NUMBER R. 618, SO AS TO PROVIDE THAT ELECTIONS FOR THE SEATS OF MEMBERS OF THE BOARD OF TRUSTEES OF LEXINGTON SCHOOL DISTRICT FIVE WHOSE TERMS EXPIRE IN 1993 AND 1994 SHALL BE HELD IN ACCORDANCE WITH THE PROVISIONS OF ACT 1181 OF 1974.

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

S. 22 -- Senator Holland: A BILL TO AMEND ACT 584 OF 1984, RELATING TO THE CHESTERFIELD COUNTY SCHOOL DISTRICT, SO AS TO FURTHER PROVIDE FOR THE TERMS AND MANNER IN WHICH THE MEMBERS OF THE DISTRICT BOARD OF EDUCATION ARE ELECTED BEGINNING IN 1993.

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

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Baker
Barber                 Baxley                 Boan
Breeland               Brown, G.              Brown, H.
Brown, J.              Byrd                   Canty
Carnell                Cato                   Chamblee
Clyborne               Cobb-Hunter            Cooper
Corning                Cromer                 Davenport
Delleney               Elliott                Fair
Farr                   Felder                 Gamble
Govan                  Hallman                Harrell
Harrelson              Harris, J.             Harris, P.
Harrison               Haskins                Hines
Hodges                 Holt                   Houck
Huff                   Hutson                 Inabinett
Jaskwhich              Jennings               Keegan
Kelley                 Kennedy                Keyserling
Kinon                  Kirsh                  Klauber
Koon                   Lanford                Law
Littlejohn             Marchbanks             Mattos
McAbee                 McCraw                 McElveen
McLeod                 McMahand               McTeer
Meacham                Moody-Lawrence         Neilson
Phillips               Rhoad                  Richardson
Riser                  Robinson               Rogers
Rudnick                Scott                  Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Snow
Spearman               Stille                 Stoddard
Stone                  Stuart                 Sturkie
Thomas                 Townsend               Trotter
Tucker                 Vaughn                 Waites
Waldrop                Walker                 Wells
Whipper                White                  Wilder, D.
Wilder, J.             Wilkins                Williams
Witherspoon            Wofford                Worley
Wright                 Young, A.              Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, January 19.

James J. Bailey                   Joseph H. Neal
Woodrow M. McKay                  Richard M. Quinn, Jr.
Stephen E. Gonzales               Donald W. Beatty
Lindsey O. Graham                 B. Hicks Harwell
Total Present--119

LEAVES OF ABSENCE

The SPEAKER granted Reps. G. BAILEY and HARVIN a leave of absence for the week to attend the inaugural activities.

The SPEAKER granted Rep. GRAHAM a temporary leave of absence.

The SPEAKER granted Rep. FULMER a leave of absence to attend a funeral.

DOCTOR OF THE DAY

Announcement was made that Dr. J. Capers Hiott of Sumter is the Doctor of the Day for the General Assembly.

H. 3087--OBJECTIONS

The following Bill was taken up.

H. 3087 -- Reps. Waites, Quinn, Cromer, Neal, Rogers, Shissias, Harrison and Byrd: A BILL TO AMEND ACT 581 OF 1976 (FORMERLY CODIFIED AS SECTION 51-395.3 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1962, AS AMENDED), RELATING TO THE RECREATION COMMISSION OF RICHLAND COUNTY, SO AS TO PROVIDE THAT THE MEMBERS OF THE COMMISSION BE APPOINTED BY THE GOVERNOR UPON RECOMMENDATION BY A MAJORITY OF THE MEMBERS OF THE GOVERNING BODY OF RICHLAND COUNTY RATHER THAN BY A MAJORITY OF THE MEMBERS OF THE RICHLAND COUNTY LEGISLATIVE DELEGATION.

Reps. J. BROWN, SCOTT, CORNING and BYRD objected to the Bill.

H. 3143--OBJECTION AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3143 -- Reps. Meacham, Marchbanks, Delleney, Hodges, J. Wilder, Vaughn, Allison, Phillips, Worley, Klauber, Davenport, Simrill, A. Young, Carnell, Felder, Sharpe, Keegan, Harvin, Lanford, J. Harris, Farr, D. Smith, Gamble, Robinson, J. Brown, Walker, Clyborne, McMahand, Baxley, Witherspoon, Trotter, McAbee, R. Smith, Snow, Waldrop, Cato, Tucker, Fulmer, G. Bailey, Inabinett, Williams, Graham, Wilkins, Kelley, Thomas, Quinn, Wofford, Holt, Harwell, Littlejohn, Harrison, Cromer, Moody-Lawrence, Hutson, Wells, Stoddard, McLeod, Sturkie, G. Brown, Kinon, Elliott, Chamblee, Wright, Haskins, P. Harris, Rhoad, Neilson, McCraw, Huff, H. Brown, Stuart, Stone, J. Bailey, McTeer, Law, Kennedy, Harrell, Byrd, Anderson, Hines, Govan, Richardson, Riser, Jaskwhich, Stille, Hallman, Townsend and Spearman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-442 SO AS TO PROVIDE THAT PUBLIC SCHOOLS SHALL SET ASIDE A ONE-MINUTE PERIOD FOR VOLUNTARY SILENT PRAYER AT THE BEGINNING OF EACH SCHOOL DAY.

Rep. COBB-HUNTER objected to the Bill.

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

H. 3100--RECALLED AND REFERRED TO THE COMMITTEE
ON JUDICIARY

On motion of Rep. PHILLIPS, with unanimous consent, the Bill was recalled from the Committee on Education and Public Works and was referred to the Committee on Judiciary.

H. 3100 -- Reps. Simrill, Meacham, Kinon, J. Bailey, R. Smith, Walker, Fair, Littlejohn, Wells, Cato, Allison, Vaughn, Haskins, Stuart, Farr, A. Young, Beatty, Mattos, Hines, Boan, Wright, T.C. Alexander, Gamble, Lanford, M.O. Alexander, Elliott, Moody-Lawrence, D. Wilder and Trotter: A BILL TO AMEND SECTIONS 7-15-320 AND 7-15-340, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO LOWER FROM SEVENTY-TWO TO SIXTY-FIVE THE AGE OF A PERSON WHO QUALIFIES TO VOTE BY ABSENTEE BALLOT.

H. 3151--RECALLED FROM THE COMMITTEE ON JUDICIARY

On motion of Rep. WILKINS, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.

H. 3151 -- Reps. Wilkins, Hodges, Jennings and Clyborne: A BILL TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONIES, SO AS TO PROVIDE A CLASSIFICATION SYSTEM FOR ALL FELONY AND MISDEMEANOR CRIMES AND OFFENSES AND EXCEPTIONS; TO AMEND SECTION 16-1-20, RELATING TO CLASSIFICATION OF OTHER CRIMES, SO AS TO PROVIDE THE MAXIMUM TERM OF IMPRISONMENT, TO EXEMPT OFFENSES WHICH REFER TO A MANDATORY MINIMUM TERM OF IMPRISONMENT, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 16-1-30, RELATING TO CLASSIFICATION OF NEW OFFENSES, SO AS TO REQUIRE ALL NEW OFFENSES TO BE CLASSIFIED PURSUANT TO SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 16-1-40 AND 16-1-50, RELATING TO ACCESSORIES BEFORE THE FACT AND INDICTMENT AND CONVICTION OF ACCESSORIES, SO AS TO MAKE GRAMMATICAL CHANGES; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-55 SO AS TO CLASSIFY THE OFFENSE OF ACCESSORY AFTER THE FACT; TO AMEND SECTION 16-1-60, RELATING TO THE LIST OF VIOLENT CRIMES, SO AS TO ADD CRIMINAL SEXUAL CONDUCT WITH MINORS AND ASSAULT WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-80 SO AS TO CLASSIFY AN ATTEMPT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 16-1-90 AND 16-1-100 SO AS TO PROVIDE A LIST OF EACH CRIME AND OFFENSE AND ITS CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-110 SO AS TO PROVIDE FOR CRIMES OR OFFENSES INADVERTENTLY OMITTED FROM CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-11-325 SO AS TO PROVIDE THAT COMMON LAW ROBBERY IS A FELONY AND TO SET THE MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 7-25-50, 7-25-80, 7-25-190, 8-1-20, 12-7-2750, 12-9-840, 12-21-2716, 12-27-50, 12-29-610, 12-31-670, 12-45-110, 16-5-10, 16-7-160, AS AMENDED, 16-9-320, AS AMENDED, 16-9-340, 16-11-20, 16-11-170, 16-11-617, 16-11-740, AS AMENDED, 16-13-160, 16-13-170, 16-13-290, 16-15-140, 16-15-385, AS AMENDED, 16-17-410, 16-17-430, 16-17-600, AS AMENDED, 16-21-10, 16-21-40, 16-21-130, 16-21-140, 16-23-220, AS AMENDED, 16-23-230, AS AMENDED, 16-23-240, AS AMENDED, 16-23-260, AS AMENDED, 16-23-410, 16-23-420, 16-23-440, AS AMENDED, 16-23-480, 16-23-490, 16-23-520, 17-13-50, 17-15-90, 20-7-50, 20-7-60, 20-7-80, 23-31-340, AS AMENDED, 23-31-360, AS AMENDED, 24-1-270, 24-13-410, 24-13-420, 27-32-120, 34-13-90, 38-9-150, 38-13-170, 39-22-90, 39-23-80, 43-29-41, 43-30-100, AS AMENDED, 44-23-1150, 44-52-165, 44-53-40, 44-53-375, AS AMENDED, 44-53-390, 44-53-445, AS AMENDED, 44-55-1510, 46-41-30, 47-19-120, 55-1-30, 56-1-1100, 56-5-1030, 57-1-60, 58-13-740, 58-15-820, AND 58-17-4100, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM MISDEMEANORS TO FELONIES AND THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 12-54-40, AS AMENDED, 16-3-410, 16-9-10, 16-9-20, 16-11-140, 16-11-700, AS AMENDED, 16-11-920, AS AMENDED, 16-11-940, AS AMENDED, 16-14-40, 16-14-60, AS AMENDED, 16-14-70, 16-17-470, 20-7-2660, AS AMENDED, 47-3-760, AS AMENDED, 47-21-80, AND 48-43-550, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM FELONIES TO MISDEMEANORS, TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20 AND TO PROVIDE FOR PENALTIES; TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-10, 16-13-30, 16-13-40, 16-13-50, 16-13-70, 16-13-110, 16-13-180, AS AMENDED, 16-13-210, 16-13-230, 16-13-240, 16-13-260, 16-13-420, 16-13-425, 16-13-430, 16-21-80, 38-55-170, AS AMENDED, 46-1-20, 46-1-40, 46-1-60, 46-1-70, AND 49-1-50, AS AMENDED, RELATING TO VARIOUS CRIMES AND OFFENSES INVOLVING PROPERTY, SO AS TO CREATE A THREE TIER CLASSIFICATION BASED UPON THE VALUE OF THE PROPERTY INVOLVED THAT SPECIFIES WHETHER THE OFFENSE IS A MISDEMEANOR OR FELONY AND MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 2-17-140, 4-11-130, 4-17-70, 5-21-30, 5-21-40, 6-7-800, 6-7-1080, 6-7-1110, 7-25-10, 7-25-20, 7-25-60, 7-25-70, 7-25-100, 7-25-110, 7-25-120, 7-25-160, 7-25-170, 8-1-30, 8-9-10, 8-11-30, 8-13-320, AS AMENDED, 8-13-540, AS AMENDED, 9-1-1160, 10-11-360, 11-1-20, 11-1-40, 11-9-20, 12-2-70, 12-21-2540, 12-21-2714, 12-21-3070, 12-54-40, AS AMENDED, 16-3-50, 16-3-60, 16-3-70, 16-3-75, 16-5-40, 16-5-130, 16-7-170, 16-9-30, 16-9-410, 16-11-30, 16-11-190, 16-11-330, 16-11-380, 16-11-390, 16-11-560, 16-11-570, 16-13-150, 16-13-385, 16-14-80, 16-14-100, 16-15-50, 16-15-130, 16-15-250, 16-15-405, 16-15-425, 16-16-20, 16-17-510, 16-17-560, 16-17-700, 16-21-60, 16-23-50, AS AMENDED, 16-23-465, 16-23-470, 17-7-510, 17-15-150, 22-5-120, 22-9-140, 23-1-20, 23-17-110, 23-31-190, 23-35-130, 24-3-910, 25-1-150, 25-7-20, 25-7-50, 25-15-20, 27-29-150, 30-15-50, 34-19-110, 37-13-50, 38-7-140, 38-13-140, 38-25-330, 38-37-930, 38-37-1650, 38-43-190, 38-43-240, 38-47-60, 38-55-80, 38-55-150, 38-55-160, 38-59-50, 39-15-170, 39-15-470, 39-17-340, 40-5-320, 40-5-350, 40-5-360, 40-6-170, 40-11-300, 40-41-220, 40-43-140, AS AMENDED, 40-43-320, 41-15-50, 43-5-40, 43-33-40, 44-31-360, 44-53-370, AS AMENDED, 46-17-460, 46-19-270, 46-25-80, 48-27-230, 48-27-250, 48-49-60, 50-1-136, 50-13-350, 50-13-1460, 50-13-1470, 50-21-710, 54-1-40, 56-5-750, 56-5-2945, 56-29-30, 58-13-10, 59-25-250, 59-63-450, AND 61-13-810 RELATING TO CRIMES AND OFFENSES, SO AS TO CHANGE THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION ESTABLISHED FOR EACH OFFENSE; TO AMEND SECTION 12-7-1680, AS AMENDED, RELATING TO VIOLATION OF SECRECY OF INCOME INFORMATION, SO AS TO PROVIDE THAT THE OFFENSE IS A MISDEMEANOR; TO AMEND SECTION 16-3-615, RELATING TO SEXUAL BATTERY, SO AS TO CHANGE THE TERM OF IMPRISONMENT TO TEN YEARS; TO AMEND SECTION 16-3-1070, RELATING TO STALKING, SO AS TO PROVIDE THAT THE OFFENSE IS A MISDEMEANOR; TO AMEND SECTION 22-3-570, RELATING TO MAGISTRATES' JURISDICTION, SO AS TO PROVIDE THAT PETIT LARCENY AND ALL OTHER OFFENSES INVOLVING PERSONAL PROPERTY IN WHICH THE VALUE IS TWO HUNDRED DOLLARS OR LESS IS WITHIN THE MAGISTRATE'S JURISDICTION; TO AMEND SECTION 50-17-1190, RELATING TO PENALTIES FOR VIOLATIONS OF THE COASTAL FISHERIES LAWS, SO AS TO PROVIDE THAT THE OFFENSE IS A MISDEMEANOR; AND TO REPEAL SECTIONS 16-1-15 RELATING TO ALL DEGREES OF BURGLARY BEING A FELONY, 16-9-40 RELATING TO ADDITIONAL PERMISSIBLE PUNISHMENT FOR PERJURY, 16-13-20 RELATING TO PRIVILY STEALING FROM PERSON OR HOUSE AS GRAND LARCENY, 16-13-90 RELATING TO THEFT OF BEDDING AND OTHER FURNISHINGS FROM LODGING, 16-13-190 RELATING TO STEALING TIRES OR TUBES, 16-13-200 RELATING TO RECEIPT OF STOLEN TIRES AND TUBES, 16-15-30 RELATING TO ABDUCTING A MAID UNDER SIXTEEN YEARS OF AGE, 16-15-40 RELATING TO CONTRACTING MATRIMONY WITH AN ABDUCTED MAID UNDER THE AGE OF SIXTEEN, 24-5-40 RELATING TO SEPARATE LODGING FOR DEBTORS, 39-23-90 RELATING TO PENALTIES FOR VIOLATING SECTION 39-23-80, AND 54-9-80 RELATING TO IMPRESSING SEAMEN.

H. 3087--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3087 -- Reps. Waites, Quinn, Cromer, Neal, Rogers, Shissias, Harrison and Byrd: A BILL TO AMEND ACT 581 OF 1976 (FORMERLY CODIFIED AS SECTION 51-395.3 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1962, AS AMENDED), RELATING TO THE RECREATION COMMISSION OF RICHLAND COUNTY, SO AS TO PROVIDE THAT THE MEMBERS OF THE COMMISSION BE APPOINTED BY THE GOVERNOR UPON RECOMMENDATION BY A MAJORITY OF THE MEMBERS OF THE GOVERNING BODY OF RICHLAND COUNTY RATHER THAN BY A MAJORITY OF THE MEMBERS OF THE RICHLAND COUNTY LEGISLATIVE DELEGATION.

Rep. WAITES proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8775DW.93), which was adopted.

Amend the bill, as and if amended, page 2, line 5, by striking /five/ and inserting /four/;

Amend further by adding an appropriately numbered Section to read:

/Section __.     The members of the Richland County Recreation Commission serving on the effective date of this act shall continue to serve the remainder of the terms for which they were elected. All members elected after the effective date of this act, must be appointed for terms of four years as provided in Section 1 of this act./

Renumber sections to conform.

Amend title to read:

/TO AMEND ACT 581 OF 1976 (FORMERLY CODIFIED AS SECTION 51-395.3 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1962, AS AMENDED), RELATING TO THE RECREATION COMMISSION OF RICHLAND COUNTY, SO AS TO PROVIDE THAT THE MEMBERS OF THE COMMISSION BE APPOINTED BY THE GOVERNOR UPON RECOMMENDATION BY A MAJORITY OF THE MEMBERS OF THE GOVERNING BODY OF RICHLAND COUNTY RATHER THAN BY A MAJORITY OF THE MEMBERS OF THE RICHLAND COUNTY LEGISLATIVE DELEGATION, and REDUCE FROM FIVE TO FOUR YEARS THE LENGTH OF THE TERM OF MEMBERS OF THE COMMISSION./

Rep. WAITES explained the amendment.

The amendment was then adopted.

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

H. 3182--ADOPTED

The following was introduced:

H. 3182 -- Rules Committee: A HOUSE RESOLUTION TO AMEND RULE 8.11 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO MOTIONS, SO AS TO ALLOW A MOTION TO RECUR TO THE MORNING HOUR TO BE PERMITTED AT THE SAME STAGE OF A BILL OR PROPOSITION AFTER ONE HOUR OF TIME HAS ELAPSED SINCE THE SAME QUESTION HAS BEEN NEGATIVED.

Be it resolved by the House of Representatives:

That Rule 8.11b. of the Rules of the House of Representatives is amended to read:

"b.     The following motions shall must be permitted at the same stage of the bill or proposition after one hour of time has elapsed since the same question was before negatived:

for the previous questions;

to lay on the table;

to postpone or adjourn a debate;

to continue;

to commit or recommit;

To recur to the morning hour."

Rep. McTEER explained the Resolution.

The Resolution was adopted.

H. 3183--ADOPTED

The following was introduced:

H. 3183 -- Rules Committee: A HOUSE RESOLUTION TO AMEND RULE 10 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO MISCELLANEOUS RULES BY ADDING RULE 10.9, SO AS TO PROVIDE A PROCEDURE FOR SPECIAL PRESENTATIONS TO HONOR INDIVIDUALS, GROUPS, OR TEAMS.

Be it resolved by the House of Representatives that:

Rule 10 of the Rules of the House of Representatives is amended by adding:

"Rule 10.9.         Special presentations to honor individuals, groups, or teams must be limited to five minutes and no presentations of this kind are permitted after the third Thursday in May. A House passed resolution that mentions allotted time for the presentation and date shall prevail. This rule does not apply to a concurrent resolution."

Rep. McTEER explained the Resolution.

The Resolution was adopted.

H. 3184--ADOPTED

The following was introduced:

H. 3184 -- Rules Committee: A HOUSE RESOLUTION TO AMEND RULE 7.3 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO OPERATION OF THE ELECTRONIC VOTING SYSTEM, SO AS TO PROVIDE FOR THE USE AND CARE OF THE KEYS AND KEY LOCKS.

Be it resolved by the House of Representatives that:

Rule 7.3 of the House of Representatives is amended by adding:

"i.     Each member must be issued one key by the Sergeant at Arms to activate the key lock on the voting console on his desk to operate the electronic voting system. That key may not be duplicated by the member nor may a duplicate be issued to a member. The key must not be left in the key lock at any time while the member is not within the outer doors of the Chamber. If a member loses his key, a replacement will be issued by the Sergeant at Arms at the member's expense. If a member is temporarily without his key while the House is in session, the Sergeant at Arms will provide a temporary key to that member at the member's request for that day only, and that key may not be removed from the House Chamber."

Rep. McTEER explained the Resolution.

The Resolution was adopted.

H. 3185--ADOPTED

The following was introduced:

H. 3185 -- Rules Committee: A HOUSE RESOLUTION TO AMEND RULE 9.2, RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO AMENDMENT OF A BILL ON THIRD READING, SO AS TO AUTHORIZE THE CHAIRMAN OF ANY COMMITTEE TO OFFER A TECHNICAL AMENDMENT TO ANY BILL WHICH HAS BEEN REPORTED FROM HIS COMMITTEE IF HE GIVES NOTICE AT THE SECOND READING OF THE BILL OF HIS INTENTION TO OFFER AN AMENDMENT AT THIRD READING.

Be it resolved by the House of Representatives:

That the first paragraph of Rule 9.2 is amended to read:

"At the third reading of a bill, no amendment shall be permitted without unanimous consent, except that the Chairman of the Committee on Ways and Means may (if he shall have given notice at the second reading of his intention to offer amendments at the third) be permitted to offer amendments to any bill to raise supplies or to make appropriations, such as may be pertinent to the bill; and, the chairman of any committee may (if he has given notice at the second reading of his intention to offer an amendment at the third) be permitted to offer a technical amendment to any bill which has been reported from his committee; and,"

Rep. McTEER explained the Resolution.

The Resolution was adopted.

H. 3186--ADOPTED

The following was introduced:

H. 3186 -- Rules Committee: A HOUSE RESOLUTION TO AMEND RULE 10.1 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO ACCESS TO THE FLOOR OF THE HOUSE OF REPRESENTATIVES, SO AS TO CHANGE THE MANNER IN WHICH FORMER MEMBERS OF THE HOUSE ARE ADMITTED WITHIN THE HALL OF THE HOUSE WITHOUT SPECIAL LEAVE.

Be it resolved by the House of Representatives that:

The second paragraph of Rule 10.1 of the Rules of the House of Representatives is amended to read:

"The present and former members and officers of the House of Representatives; the members of the Press as designated by the Speaker of the House of Representatives; the Governor; the present members and officers of the Senate; the present members and employees of the Legislative Council; employees of the respective legislative delegations; and such persons as may be invited by order of the House; provided, no seat in the House shall be occupied by any one except the members thereof. No lobbyist, including former members while engaging in such activity, nor former members, except for sitting Senators, seeking votes or other personal favors shall be admitted within the Hall without special leave of the House No lobbyist, including former members registered as lobbyists, shall be admitted within the Hall without special leave of the House. No former member seeking votes or other personal favors shall be admitted within the Hall without special leave of the House.

Access to the House shall not be denied to sitting Senators."

Rep. McTEER explained the Resolution.

The Resolution was adopted.

H. 3187--TABLED

The following was introduced:

H. 3187 -- Rules Committee: A HOUSE RESOLUTION TO AMEND RULE 6.1 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE TIME OF MEETINGS OF THE HOUSE, SO AS TO PROVIDE THAT THE HOUSE MAY NOT MEET ON THURSDAYS DURING THE FIRST FOUR WEEKS IN AN ODD-NUMBERED YEAR, AND PROVIDE THAT PROVISIONS RELATING TO MEETING AT 2:00 P.M. ON WEDNESDAYS DURING THE FIRST SIX WEEKS OF THE LEGISLATIVE SESSIONS ONLY APPLY IN EVEN-NUMBERED YEARS.

Be it resolved by the House of Representatives:

That Rule 6.1 of the Rules of the House of Representatives is amended to read:

"6.1     The House shall meet each legislative day at 12:00 Noon every Tuesday, 10:00 a.m. every Wednesday, and 10:00 a.m. every Thursday and Friday unless otherwise ordered by the House or provided by rule. Provided, that by motion made at any time the House by majority vote may fix the day and hour at which time the House shall next meet (not to exceed constitutional limitations) and this shall be decided without debate.

Provided, further, that the House may not meet on Thursdays during the first four weeks in an odd-numbered year.

Provided, further, that during the first six weeks of the legislative sessions, unless a majority of the House members present object the House shall adjourn at 2:15 p.m. on Tuesdays for the purpose of insuring a time for committees to meet and hearings to be held. This 2:15 p.m. adjournment on Tuesdays shall not apply when the General Appropriations Bill is under consideration by the House.

Provided, further, that during the first six weeks of legislative sessions in even-numbered years, unless a majority of the House members present object, on Wednesdays the House shall meet at 2:00 p.m. to provide time in the morning hours for committees to meet and hearings to be held., On and on Thursdays during the first six weeks the House shall meet at l0:00 a.m.

Provided, further, that unless a majority of the House members object, the House shall recede at 1:00 p.m. for luncheon and reconvene at 2:15 p.m. This proviso shall not apply when the House is debating on Special Orders.

Provided, further, that unless ordered otherwise the House shall consider only local uncontested matters on Friday of each week."

Rep. McTEER explained the Resolution.

RULE 6.1 WAIVED

Rep. McTEER moved to waive Rule 6.1, which was agreed to.

Rep. McTEER continued speaking.

Rep. HOLT moved to continue the Resolution.

Rep. McTEER moved to table the motion to continue.

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

Yeas 39; Nays 60

Those who voted in the affirmative are:

Alexander, T.C.        Barber                 Beatty
Brown, H.              Byrd                   Canty
Cato                   Cobb-Hunter            Davenport
Delleney               Fair                   Harrell
Harris, J.             Harris, P.             Haskins
Huff                   Jaskwhich              Keyserling
Law                    Marchbanks             Mattos
McElveen               McTeer                 Meacham
Neal                   Neilson                Rhoad
Rogers                 Scott                  Sheheen
Stille                 Tucker                 Vaughn
Waites                 Waldrop                Whipper
Wilder, D.             Wofford                Young, A.

Total--39

Those who voted in the negative are:

Alexander, M.O.        Allison                Anderson
Askins                 Bailey, J.             Baker
Baxley                 Boan                   Breeland
Brown, G.              Carnell                Chamblee
Clyborne               Corning                Cromer
Elliott                Felder                 Gamble
Gonzales               Hallman                Harrelson
Hines                  Hodges                 Holt
Houck                  Inabinett              Keegan
Kelley                 Kinon                  Kirsh
Klauber                Koon                   Lanford
McAbee                 McCraw                 McLeod
McMahand               Moody-Lawrence         Quinn
Richardson             Riser                  Robinson
Rudnick                Sharpe                 Shissias
Simrill                Smith, D.              Smith, R.
Spearman               Stoddard               Sturkie
Thomas                 Trotter                Walker
Wells                  White                  Wilder, J.
Witherspoon            Wright                 Young, R.

Total--60

So, the House refused to table the motion to continue.

Rep. HUFF moved to table the Resolution, which was agreed to.

H. 3188--ADOPTED

The following was introduced:

H. 3188 -- Rules Committee: A HOUSE RESOLUTION TO AMEND RULE 10.1 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO ACCESS TO THE FLOOR OF THE HOUSE OF REPRESENTATIVES, SO AS TO DENY ACCESS TO ANY FORMER HOUSE MEMBER WHO HAS BEEN CONVICTED OF A CRIME, THE CONVICTION OF WHICH IMPOSES A MAXIMUM PENALTY OF IMPRISONMENT OF ONE YEAR OR MORE, OR PLED GUILTY OF NOLO CONTENDERE TO THE CRIME, AND PROVIDE THAT THIS RESTRICTION DOES NOT APPLY TO A FORMER HOUSE MEMBER WHO IS REELECTED TO EITHER HOUSE OF THE GENERAL ASSEMBLY AFTER THE CONVICTION OF THAT CRIME.

Be it resolved by the House of Representatives that:

Rule 10.1 of the Rules of the House of Representatives is amended by adding at the end:

"Provided, that notwithstanding other provisions of this rule, access within the outer doors of the Chamber is denied to any former House member who has been convicted of a crime, the conviction of which would impose a maximum penalty of imprisonment of one year or more. This paragraph does not apply to a former House member who is reelected to either House of the General Assembly after the conviction of the crime referred to in this paragraph."

Rep. McTEER explained the Resolution.

The Resolution was adopted.

Rep. HUFF proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\EGM\18081DW.93), which was tabled.

Amend the House Resolution, as and if amended, Page 1, Line 38, by inserting after /paragraph/ /or has been granted a pardon or amnesty of that crime/.

Amend title to conform.

Rep. HUFF explained the amendment.

Reps. HASKINS and HARRELSON spoke against the amendment.

Rep. HUFF spoke in favor of the amendment.

Rep. HARRELSON moved to table the amendment, which was agreed to by a division vote of 91 to 12.

Rep. WILKINS moved that the House do now adjourn, which was adopted.

ADJOURNMENT

At 1:30 P.M. the House in accordance with the motion of Rep. MARCHBANKS adjourned in memory of Mrs. Ernestine Morris of Pickens, to meet at 2:00 P.M. tomorrow.

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