Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

O Lord, our God, we bow in these quiet moments in acknowledgement of Your greatness and our need of Your help. Deliver us from all that is petty and small and open our hearts to all that is good and true. Eradicate all forces which would obstruct Your will and wishes. Be patient with our mistakes; turn us around when our direction is wrong; assure us when we are right. Undergird our limited powers by Your supernatural powers. Above all the voices of the world may we hear Your voice, obey the call to duty, and heed the prompting of a good conscience.

Hear our prayer, and to You we give all praise and honor. Amen.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.

H. 4239 -- Reps. Kennedy and Harvin: A BILL TO AMEND ACT 632 OF 1980, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY, SO AS TO FURTHER PROVIDE FOR THE PREPARATION OF THE ANNUAL SCHOOL BUDGET FOR THE OPERATION OF THE DISTRICT AND THE TAX MILLAGE NECESSARY TO BE LEVIED IN CONNECTION WITH IT.

H. 4242 -- Reps. Wofford, H. Brown, Williams and Law: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO REDESIGNATE THE PRECINCTS, DELETE LOCATIONS OF POLLING PLACES, AND PROVIDE THAT POLLING PLACES MUST BE ESTABLISHED BY THE BERKELEY COUNTY ELECTION COMMISSION SUBJECT TO THE APPROVAL OF THE BERKELEY COUNTY LEGISLATIVE DELEGATION.

H. 4128 -- Rep. Canty: A BILL TO AMEND SECTION 59-63-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTENDANCE AT SCHOOLS IN ADJACENT COUNTIES, SO AS TO MAKE CERTAIN PROVISIONS OF THE SECTION PERMISSIVE RATHER THAN MANDATORY.

H. 3984 -- Rep. McAbee: 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 THE SALE OF TANGIBLE PERSONAL PROPERTY SOLD TO CHARITABLE HOSPITALS PREDOMINANTLY SERVING CHILDREN WHICH ARE ALSO EXEMPT FROM THE PROPERTY TAX, WHERE CARE IS PROVIDED WITHOUT CHARGE TO THE PATIENT.

H. 4208 -- Rep. Harrell: A JOINT RESOLUTION TO EXTEND THE EXPIRATION DATE OF EXISTING TRANSITIONAL REAL ESTATE APPRAISER LICENSES ISSUED UNDER SECTION 40-60-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO MAY 1, 1994, OR UNTIL AN APPRENTICE APPRAISER CLASSIFICATION IS ESTABLISHED BY STATUTE, WHICHEVER OCCURS FIRST.

H. 4210 -- Reps. Sheheen and Rhoad: A JOINT RESOLUTION TO PROVIDE THAT IF THE ENVIRONMENTAL PROTECTION AGENCY OR THE UNITED STATES CONGRESS EXTENDS CERTAIN EFFECTIVE DATES IN THE RCRA SUBTITLE D MUNICIPAL SOLID WASTE LANDFILL CRITERIA, ANY EXTENSION APPLIES TO ALL MUNICIPAL SOLID WASTE LANDFILLS IN THIS STATE TO WHICH THE CRITERIA APPLY.

H. 3336 -- Reps. Snow, Sharpe, Witherspoon, Rhoad, Riser and Worley: A BILL TO AMEND SECTION 56-1-2070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR DRIVERS OF COMMERCIAL VEHICLES TO HAVE COMMERCIAL DRIVERS' LICENSES AND THE EXCEPTIONS TO THE REQUIREMENT, SO AS TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ISSUE RESTRICTED COMMERCIAL DRIVERS' LICENSES IN ACCORDANCE WITH FEDERAL LAW AND APPLICABLE REGULATIONS AND TO ALLOW OPERATORS OF VEHICLES OF FARM-RELATED SERVICE INDUSTRIES TO OPERATE THESE VEHICLES WITH A RESTRICTED COMMERCIAL DRIVER'S LICENSE IF THE VEHICLES ARE OPERATED IN ACCORDANCE WITH APPLICABLE FEDERAL REGULATIONS.

H. 4059 -- Rep. Felder: A BILL TO AMEND SECTION 8-17-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF PERSONS FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO EXEMPT ATHLETICS COACHES AND UNCLASSIFIED EMPLOYEES IN ATHLETICS DEPARTMENTS OF PUBLIC INSTITUTIONS OF HIGHER EDUCATION.

H. 4211 -- Reps. Cooper, Townsend, Stille, Chamblee and P. Harris: A BILL TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO THE BOUNDARIES OF WESTERN CAROLINA REGIONAL SEWER AUTHORITY, SO AS TO ADD A NEW AREA TO THE DISTRICT.

H. 4212 -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-13-175, SO AS TO PROVIDE THAT A CATCH LINE HEADING OR CAPTION WHICH IMMEDIATELY FOLLOWS THE SECTION NUMBER OF ANY SECTION OF THE CODE OF LAWS MUST NOT BE DEEMED TO BE A PART OF THE SECTION AND MUST NOT BE USED TO CONSTRUE THE SECTION MORE BROADLY OR NARROWLY THAN THE TEXT OF THE SECTION WOULD INDICATE.

H. 4081 -- Reps. Boan and Wilkins: A BILL TO ENACT THE "STATE GOVERNMENT ACCOUNTABILITY AND REFORM ACT OF 1993" INCLUDING PROVISIONS TO AMEND SECTION 2-47-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF PERMANENT PROJECTS BY THE BUDGET AND CONTROL BOARD, SO AS TO ALLOW AGENCIES AND INSTITUTIONS TO ADVERTISE FOR ARCHITECTURAL AND ENGINEERING SERVICES PRIOR TO BOARD APPROVAL OF THE PROJECT SO LONG AS THE ARCHITECTURAL AND ENGINEERING CONTRACT IS NOT AWARDED UNTIL AFTER A STATE PROJECT NUMBER HAS BEEN ASSIGNED; TO ADD SECTION 2-47-55 SO AS TO ESTABLISH THE ANNUAL PERMANENT IMPROVEMENT PROGRAM (APIP) REGARDING AN AGENCY'S PERMANENT IMPROVEMENT PROJECTS AND PROVIDE FOR THE APPROVAL OR DISAPPROVAL OF THE APIP; TO ADD SECTION 2-47-56 SO AS TO ALLOW AGENCIES AND INSTITUTIONS TO ACCEPT GIFTS-IN-KIND FOR ARCHITECTURAL AND ENGINEERING SERVICES AND CONSTRUCTION WITH ONLY STAFF LEVEL REVIEW BY THE COMMISSION ON HIGHER EDUCATION, THE JOINT BOND REVIEW COMMITTEE, AND THE BUDGET AND CONTROL BOARD; TO ADD SECTION 8-1-15 SO AS TO MANDATE THE ESTABLISHMENT OF COMPLIANCE AND ACCOUNTABILITY PROGRAMS BY EACH HIGHER EDUCATION INSTITUTION AND STATE AGENCY, AND PROVIDE THAT THE STATE AUDITOR SHALL ANNUALLY AUDIT THE INSTITUTION'S OR AGENCY'S PROGRAMS AND THAT THE BUDGET AND CONTROL BOARD SHALL REVIEW THE AUDIT REPORT AND MAY TAKE CERTAIN CORRECTIVE ACTION WHEN PROGRAM WEAKNESSES ARE NOT REMEDIED; TO ADD SECTION 8-11-15 SO AS TO ESTABLISH A MINIMUM THIRTY-SEVEN AND ONE-HALF HOUR WORKWEEK FOR AGENCY AND INSTITUTION EMPLOYEES WHO WORK FULL TIME, AND ALLOW THE USE OF ALTERNATIVE SCHEDULING TO MEET THE AGENCY'S OR INSTITUTION'S SERVICE NEEDS; TO AMEND SECTION 8-17-330, RELATING TO STATE AGENCY EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO FURTHER PROVIDE FOR CERTAIN SITUATIONS OR ACTIONS WHICH ARE NOT CONSIDERED GRIEVANCES; TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO THE PROCUREMENT CODE, SO AS TO REVISE THE DEFINITION OF "TERM CONTRACT" TO ALLOW STATE AGENCIES AND INSTITUTIONS TO PROCURE GOODS AND SERVICES FROM SOURCES OTHER THAN THE STATE'S TERM CONTRACTS WHEN IT IS MORE ECONOMICAL FOR THE AGENCY OR INSTITUTION; TO AMEND SECTION 11-35-710, RELATING TO EXEMPTIONS TO THE PROCUREMENT CODE, SO AS TO EXEMPT CERTAIN RENOVATIONS OR CONSTRUCTION OF SPACE FOR GRANT FUNDED RESEARCH PROJECTS; TO ADD SECTION 11-35-835 SO AS TO REQUIRE THE STATE ENGINEER OFFICE TO COMPLETE CERTAIN REVIEWS WITHIN A SPECIFIED TIME, AND PROVIDE THAT THE STATE ENGINEER'S APPROVAL IS ASSUMED IF THE REVIEW IS NOT COMPLETED WITHIN THE PRESCRIBED TIME PERIODS; TO ADD SECTION 11-35-845 SO AS TO ALLOW THOSE GOVERNMENTAL BODIES WHICH HAVE TOTAL MANAGEMENT CAPABILITY TO OVERSEE THE ADMINISTRATION OF PERMANENT IMPROVEMENT PROJECTS; TO AMEND SECTION 11-35-1520, AS AMENDED, RELATING TO COMPETITIVE SEALED BIDDING, SO AS TO REQUIRE THAT COMPETITIVE SEALED BIDDING MUST BE USED FOR CONTRACTS AMOUNTING TO FIFTY THOUSAND DOLLARS OR MORE; TO AMEND SECTION 11-35-1550, RELATING TO SMALL PURCHASES, SO AS TO ESTABLISH THE PROCEDURES WHICH MUST BE USED FOR SMALL PURCHASES VALUED AT FIFTY THOUSAND DOLLARS OR LESS; TO ADD SECTION 11-35-1825 SO AS TO DIRECT THE DIVISION OF GENERAL SERVICES TO ESTABLISH A PROCEDURE FOR PRE-QUALIFYING BIDDERS ON CONSTRUCTION PROJECTS; TO AMEND SECTION 11-35-2010, RELATING TO TYPES AND FORMS OF CONTRACTS, SO AS TO ALLOW AGENCIES AND INSTITUTIONS TO ENTER INTO RENTAL CONTRACTS FOR EQUIPMENT, WITHOUT USE OF THE STATE'S STANDARD EQUIPMENT FORM, WHEN THE EQUIPMENT IS VALUED AT TEN THOUSAND DOLLARS OR LESS AND THE CONTRACT DOES NOT EXCEED NINETY DAYS; TO AMEND SECTION 11-35-3020, AS AMENDED, RELATING TO CONSTRUCTION PROCUREMENT PROCEDURES, SO AS TO ALLOW AGENCIES AND INSTITUTIONS TO NEGOTIATE WITH THE LOW BIDDER ON A CONSTRUCTION CONTRACT WHEN THE BID EXCEEDS AVAILABLE FUNDS BY NOT MORE THAN FIVE PERCENT AND TO REVISE THE METHOD OF LISTING SUBCONTRACTORS FOR CONSTRUCTION BIDS; TO ADD SECTION 11-35-3025 SO AS TO ALLOW AGENCIES AND INSTITUTIONS TO APPROVE CHANGES IN ARCHITECTURAL AND ENGINEERING CONTRACTS AND CONSTRUCTION CONTRACTS WITHOUT THE APPROVAL OF THE STATE ENGINEER ONLY WHEN THE CHANGE DOES NOT ALTER THE PROJECT'S SCOPE AND DOES NOT EXCEED THE PROJECT'S BUDGET; TO AMEND SECTION 11-35-3030, RELATING TO BOND AND SECURITY, SO AS TO ALLOW AN AGENCY OR INSTITUTION TO REQUIRE BID SECURITY FOR CONSTRUCTION CONTRACTS VALUED AT ONE HUNDRED THOUSAND DOLLARS OR LESS IF THE AGENCY OR INSTITUTION DEEMS IT NECESSARY TO PROTECT THE BID, AND TO ALLOW BID SECURITY FOR CONSTRUCTION CONTRACTS OF ONE HUNDRED THOUSAND DOLLARS OR FEES TO BE WAIVED; TO AMEND SECTION 11-35-3230, RELATING TO EXCEPTIONS TO THE PROCUREMENT CODE FOR CERTAIN TYPES OF CONTRACTS, SO AS TO ALLOW HIGHER EDUCATION INSTITUTIONS OR STATE AGENCIES TO PROCURE SMALL DOLLAR ARCHITECTURAL AND ENGINEERING SERVICES WITHOUT THE APPROVAL OF THE STATE ENGINEER WHEN THE CONTRACT IS LESS THAN TWENTY-FIVE THOUSAND DOLLARS; TO AMEND SECTION 11-35-4210, RELATING TO AUTHORITY TO RESOLVE PROTESTED SOLICITATIONS AND AWARDS, SO AS TO REVISE THE PROTEST PROVISIONS OF THE PROCUREMENT CODE BY ALLOWING THE IMPOSITION OF SANCTIONS FOR PROTESTS WHICH ARE FRIVOLOUS, AND PROVIDE THAT A PROTEST BOND OR SECURITY MUST ACCOMPANY A PROTEST; AND TO AMEND SECTION 59-103-35, RELATING TO SUBMISSION OF BUDGET OF INSTITUTIONS OF HIGHER LEARNING, SO AS TO ALLOW PUBLIC INSTITUTIONS OF HIGHER EDUCATION TO SUBMIT SUMMARY BUDGETS TO THE COMMISSION ON HIGHER EDUCATION INSTEAD OF HAVING TO SUBMIT LINE-ITEM BUDGETS.

The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.

S. 567 -- Senators Moore, Short and Jackson: A BILL TO AMEND TITLE 20, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 26 SO AS TO ENACT THE SOUTH CAROLINA CHILD FATALITY REVIEW AND PREVENTION ACT, TO PROVIDE FOR THE POLICY OF THE STATE IN PREVENTING CHILD DEATHS, TO CREATE THE STATE CHILD FATALITY REVIEW TEAM WITHIN THE CENTER FOR FAMILY IN SOCIETY, UNIVERSITY OF SOUTH CAROLINA, TO PROVIDE FOR ITS MEMBERS, ITS PURPOSE, POWERS, AND DUTIES; TO PROVIDE FOR ACCESS TO AND CONFIDENTIALITY OF RECORDS RELATING TO CHILDREN WHO HAVE DIED AND SERVICES PROVIDED TO THESE CHILDREN AND THEIR FAMILIES; TO ADD SECTIONS 17-5-140 AND 17-5-265 SO AS TO REQUIRE CORONERS AND MEDICAL EXAMINERS TO NOTIFY THE CHAIRMAN OF THE CHILD FATALITY REVIEW TEAM WHEN A CHILD DIES UNDER CERTAIN CIRCUMSTANCES; TO ADD SECTIONS 17-5-150 AND 17-5-275 SO AS TO AUTHORIZE A CORONER OR A MEDICAL EXAMINER TO OBTAIN AN INSPECTION WARRANT IN THE COURSE OF CONDUCTING AN INVESTIGATION OF A CHILD'S DEATH; TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS IN THE CHILD ABUSE AND NEGLECT LAW, SO AS TO REVISE THE DEFINITION OF "ABUSED OR NEGLECTED CHILD"; TO AMEND SECTION 20-7-510, RELATING TO REPORTING OF CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE A CORONER, A MEDICAL EXAMINER, AND THEIR EMPLOYEES TO REPORT; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF CHILD ABUSE REPORTS, AND RECORDS, SO AS TO ALLOW THE RELEASE OF SUCH INFORMATION TO COUNTY MEDICAL EXAMINERS, CORONERS, AND THE STATE TEAM; TO AMEND SECTION 44-63-110, AS AMENDED, RELATING TO FEES FOR VITAL RECORDS, SO AS TO PROVIDE A TWO DOLLAR SURCHARGE ON AN ORIGINAL DEATH CERTIFICATE TO FUND THE CHILD FATALITY REVIEW TEAM; AND TO PROVIDE THAT FUNDS AND POSITIONS RELATED TO THE CHILD FATALITY REVIEW PROCESS IN THE DEPARTMENT OF SOCIAL SERVICES MUST BE TRANSFERRED TO THE CENTER FOR FAMILY IN SOCIETY.

S. 455 -- Senator Holland: A BILL TO AMEND SECTION 22-3-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S OR MUNICIPAL COURT UPON PETITION OF THE SOLICITOR IN THAT CIRCUIT TO THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE, SO AS TO DELETE TEMPORARY EFFECTIVENESS OF THE SECTION, PROVIDE THAT A CASE MAY BE TRANSFERRED FROM THE GENERAL SESSIONS COURT UNLESS THE DEFENDANT OBJECTS ON THE RECORD AFTER NOTIFICATION BY THE SOLICITOR RATHER THAN REQUIRING THE DEFENDANT TO AGREE IN WRITING TO THE TRANSFER AND PROVIDE THAT THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE IN THE CIRCUIT SHALL SET THE TERMS OF COURT AND ORDER THE MAGISTRATES AND MUNICIPAL JUDGES TO HOLD TERMS OF COURT ON SPECIFIC TIMES AND DATES FOR THE DISPOSITION OF THESE CASES, AND TO REPEAL SECTION 2 OF ACT 310 OF 1992 RELATING TO THE REQUIREMENT THAT THE COMMISSION ON PROSECUTION COORDINATION MUST COMPILE DATA ON THE NUMBER OF CASES TRANSFERRED UNDER THE PROVISION OF SECTION 22-3-545 AND MAKE A REPORT TO THE GENERAL ASSEMBLY NO LATER THAN MARCH 1, 1994.

The following Bills and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.

S. 682 -- Senators Courson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 45 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR A SPECIAL LICENSE PLATE TO COMMEMORATE ENDANGERED SPECIES AND FOR THE USE OF RELATED REVENUE.

S. 740 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LICENSING NONPUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1603, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 293 -- Senators Mitchell and Mescher: A BILL TO AMEND SECTION 56-5-4580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL LIGHTING EQUIPMENT ON CERTAIN VEHICLES, SO AS TO PROVIDE THAT EVERY TRAILER, SEMITRAILER, POLE TRAILER, OR UTILITY TRAILER MUST BE PAINTED WITH A LIGHT REFLECTING PAINT OR AFFIXED WITH A LIGHT REFLECTING TAPE IN A STRIP TO ENCOMPASS THE ENTIRE PERIMETER OF THE VEHICLE.

S. 696 -- Senators Elliott and Rankin: A BILL TO AMEND SECTION 48-39-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LENGTH OF TIME PERMIT APPROVED BY SOUTH CAROLINA COASTAL COUNCIL IS VALID, SO AS TO EXTEND THE TIME FROM THREE TO FIVE YEARS AND TO TEN YEARS FOR MARINA PERMITS AND TO PROVIDE FOR EXTENSIONS AND TOLLING DURING AN APPEAL.

S. 716 -- Senator McConnell: A BILL TO AMEND SECTION 48-39-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COASTAL COUNCIL BEING THE ONLY STATE AGENCY AUTHORIZED TO PERMIT OR DENY ALTERATIONS OR UTILIZATIONS WITHIN CRITICAL AREAS, SO AS TO FURTHER PROVIDE FOR THE VALIDITY OF CRITICAL AREA DELINEATIONS, AND TO PROVIDE EXCEPTIONS.

At 11:00 A.M. the House in accordance with the motion of Rep. WILKINS adjourned to meet in Statewide Session on Monday, May 31, at 2:00 P.M.

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