South Carolina General Assembly
111th Session, 1995-1996
Journal of the House of Representatives

WEDNESDAY, MAY 15, 1996

Wednesday, May 15, 1996
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 11:00 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 God, Who has called us into ventures whose endings we cannot see and into paths as yet untrodden and even through perils as yet unknown, give us faith enough to go through this day with great courage possessed with the full knowledge that Your hand is leading us and Your concern supporting us. May Your wisdom save us from false choices, that in Your truths we may see the light and that in Your straight paths we stumble not. Save us from faithless fears and worldly anxieties. May no cloud hide from us the brilliance of Your never failing promises.

We make this prayer to our God Whose mercy is from everlasting to everlasting. 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 yesterday, the SPEAKER ordered it confirmed.

REPORTS OF STANDING COMMITTEES

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

S. 35 -- Senators Passailaigue and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 1 SO AS TO PROVIDE FOR A PRIVATIZATION POLICY BOARD BY SETTING FORTH DEFINITIONS, MEMBERS, AND DUTIES.

Ordered for consideration tomorrow.

Rep. TUCKER, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 72 -- Senators McConnell and Hayes: A BILL TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT A HUSBAND AND WIFE LIVING SEPARATE AND APART WITHOUT COHABITATION FOR A PERIOD OF ONE YEAR MEANS A VOLUNTARY OR INVOLUNTARY SEPARATION.

Ordered for consideration tomorrow.

Rep. TUCKER, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 73 -- Senators McConnell and Hayes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT THE GROUND OF CONTINUOUS SEPARATION FOR A PERIOD OF ONE YEAR MAY BE A VOLUNTARY OR INVOLUNTARY SEPARATION.

Ordered for consideration tomorrow.

Rep. TUCKER, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 556 -- Senator Russell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE 2 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO AUTHORIZE A PERSON WHO ATTAINS THE AGE OF EIGHTEEN BY THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER TO BE AN ELECTOR FOR THE CALENDAR YEAR IN WHICH THE PERSON HAS ATTAINED THE AGE OF EIGHTEEN.

Ordered for consideration tomorrow.

Rep. TUCKER, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 583 -- Senator Russell: A BILL TO AMEND SECTION 7-5-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS AND DISQUALIFICATIONS FOR REGISTRATION TO VOTE, SO AS TO CHANGE THE AGE QUALIFICATION TO BE CONSISTENT WITH PROPOSED CONSTITUTIONAL REQUIREMENTS FOR ALLOWING A CITIZEN WHO HAS NOT ATTAINED THE AGE OF EIGHTEEN TO BE A QUALIFIED ELECTOR.

Ordered for consideration tomorrow.

Rep. TUCKER, from the Committee on Judiciary, submitted a favorable report, on:

S. 776 -- Senators Lander, Giese and Matthews: A BILL TO AMEND SECTION 15-27-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTERPRETERS FOR THE DEAF IN LEGAL PROCEEDINGS, SO AS TO DEFINE "QUALIFIED INTERPRETER" AND "DEAF PERSON" AND TO FURTHER PROVIDE FOR THE TYPES OF HEARINGS AT WHICH INTERPRETERS MUST BE PROVIDED.

Ordered for consideration tomorrow.

Rep. TUCKER, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 921 -- Senators Bryan, Elliott, Reese, Wilson, Gregory, Leatherman and Washington: A BILL TO AMEND SECTION 1-23-120 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS, SO AS TO PROVIDE THAT ALL REGULATIONS REQUIRING GENERAL ASSEMBLY REVIEW SHALL EXPIRE FIVE YEARS AFTER THEIR EFFECTIVE DATE, UNLESS SUBSEQUENTLY APPROVED FOR ADDITIONAL PERIODS OF FIVE YEARS.

Ordered for consideration tomorrow.

Rep. TUCKER, from the Committee on Judiciary, submitted a favorable report, on:

S. 929 -- Senators McConnell, Ryberg and Wilson: A BILL TO AMEND SECTION 5-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGREEMENT UPON TERMS OF CONSOLIDATION, SO AS TO PROVIDE THAT WHEN THE CORPORATE LIMITS OF ANY MUNICIPALITY ARE ENLARGED BY INCLUSION OF TERRITORY OF ANOTHER ADJACENT MUNICIPALITY IN WHOLE OR IN PART, THE GOVERNING BODIES OF THE MUNICIPALITIES MAY, AFTER PUBLIC HEARING, STIPULATE AND AGREE UPON TERMS OF CONSOLIDATION OR BOUNDARY ADJUSTMENT BY ORDINANCE ADOPTED BY EACH MUNICIPALITY.

Ordered for consideration tomorrow.

Rep. TUCKER, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 1013 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY ANY LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT WHEREBY THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE; TO MAKE IT UNLAWFUL TO RAFFLE, ASK FOR DONATIONS, OR GIVE AWAY TICKETS OR HOLD DRAWINGS TO RECEIVE OR WIN ANY LIVE ANIMAL; AND TO PROVIDE PENALTIES.

Ordered for consideration tomorrow.

Rep. TUCKER, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 1028 -- Senators Hayes, Short and Peeler: A BILL TO AMEND SECTION 5-15-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF AUTHORITY TO CONDUCT A MUNICIPAL ELECTION FROM A MUNICIPAL ELECTION COMMISSION TO A COUNTY ELECTION COMMISSION, SO AS TO PROVIDE FOR THE ABOLISHMENT OF A MUNICIPAL ELECTION COMMISSION WHEN THE TOTAL RESPONSIBILITY FOR THE CONDUCT OF A MUNICIPAL ELECTION IS TRANSFERRED TO A COUNTY ELECTION COMMISSION.

Ordered for consideration tomorrow.

Rep. TUCKER, from the Committee on Judiciary, submitted a favorable report, on:

S. 1050 -- Senators McConnell, Lander, Giese and Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, BY ADDING SECTION 24 SO AS TO PROVIDE FOR THE "VICTIMS' BILL OF RIGHTS"; AND ALSO PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE I OF THE CONSTITUTION, RELATING TO THE RIGHT OF BAIL, CRUEL OR UNUSUAL PUNISHMENT, AND DETENTION OF WITNESSES, SO AS TO PROVIDE THAT BAIL MAY BE DENIED TO PERSONS CHARGED WITH VIOLENT OFFENSES.

Ordered for consideration tomorrow.

Rep. TUCKER, from the Committee on Judiciary, submitted a favorable report, on:

S. 1064 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-460 SO AS TO AUTHORIZE THE USE OF PAPER BALLOTS IN ELECTIONS CONDUCTED TO FILL VACANCIES.

Ordered for consideration tomorrow.

Rep. TUCKER, from the Committee on Judiciary, submitted a favorable report, on:

S. 1073 -- Senator McGill: A BILL TO AMEND SECTION 16-13-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THEFT OF ELECTRIC CURRENT, SO AS TO ADD A PENALTY FOR A SECOND OR SUBSEQUENT OFFENSE.

Ordered for consideration tomorrow.

Rep. TUCKER, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 1100 -- Senators Leventis, Giese, Russell, Reese and Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-5-40 SO AS TO DESIGNATE THE SECRETARY OF STATE TO MONITOR ALL ELECTED OR APPOINTED STATE BOARDS, COMMISSIONS, AND JUDICIAL OFFICES IN ORDER TO ASCERTAIN WHEN VACANCIES OCCUR AND PUBLICIZE THESE VACANCIES AND POSITIONS ON THESE BODIES WHOSE TERMS EXPIRE.

Ordered for consideration tomorrow.

Rep. TUCKER, from the Committee on Judiciary, submitted a favorable report, on:

S. 1114 -- Senator Greg Smith: A BILL TO AMEND SECTION 30-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD GEORGETOWN COUNTY TO THE LIST OF COUNTIES WHICH HAVE A REGISTER OF MESNE CONVEYANCES; AND TO AMEND SECTION 30-5-12, RELATING TO THE APPOINTMENT OF REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD GEORGETOWN COUNTY TO THE LIST OF COUNTIES WHICH SHALL APPOINT THE REGISTER OF MESNE CONVEYANCES FOR ITS COUNTY PURSUANT TO THE TERMS AND CONDITIONS AS IT MAY AGREE UPON.

Ordered for consideration tomorrow.

Rep. TUCKER, from the Committee on Judiciary, submitted a favorable report, on:

S. 1123 -- Senator Reese: A BILL TO AMEND SECTION 23-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASE OF RIFLES OR SHOTGUNS, SO AS TO ALLOW RESIDENTS OF ANY STATE RATHER THAN ONLY RESIDENTS OF CONTIGUOUS STATES TO PURCHASE RIFLES AND SHOTGUNS IN THIS STATE.

Ordered for consideration tomorrow.

Rep. TUCKER, from the Committee on Judiciary, submitted a favorable report, on:

S. 1147 -- Senator Hayes: A BILL TO AMEND SECTION 16-13-425, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL FAILURE TO RETURN A LEASED OR RENTED VIDEO OR CASSETTE TAPE, SO AS TO PROVIDE THAT NOTICE OF THE EXPIRATION OF THE LEASE OR RENTAL PERIOD MUST BE PROVIDED TO THE LESSOR OR RENTER.

Ordered for consideration tomorrow.

Rep. TUCKER, from the Committee on Judiciary, submitted a favorable report, on:

S. 1160 -- Senator Holland: A BILL TO AMEND SECTION 7-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS TO BE FURNISHED BY THE BUREAU OF VITAL STATISTICS, SO AS TO REQUIRE THAT THE BUREAU MUST FURNISH THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION WITH A MONTHLY REPORT OF PERSONS EIGHTEEN YEARS OF AGE OR OLDER WHO HAVE DIED INSTEAD OF PERSONS WHO ARE TWENTY-ONE YEARS OF AGE OR OLDER; TO AMEND SECTION 7-5-430, RELATING TO REGISTRATION BOOKS FOR GENERAL AND SPECIAL ELECTIONS, SO AS TO PROVIDE THAT A COUNTY BOARD OF REGISTRATION MUST FURNISH THE COUNTY ELECTION COMMISSIONERS WITH ONE REGISTRATION BOOK FOR EACH POLLING PRECINCT; TO AMEND SECTION 7-5-670, RELATING TO USE AND CUSTODY OF REGISTRATION BOOKS, SO AS TO DELETE THE REQUIREMENT THAT REGISTRATION BOOKS BE KEPT IN THE OFFICE OF THE CLERK OF COURT OF A COUNTY; TO AMEND SECTION 7-9-50, RELATING TO MEETINGS OF PARTY CLUBS, SO AS TO PROVIDE THAT THE PRESIDENT OR FIVE MEMBERS MAY CALL ALL SPECIAL MEETINGS OF THE CLUB; TO AMEND SECTION 7-13-35, RELATING TO NOTICE OF GENERAL, SPECIAL, AND PRIMARY ELECTIONS, SO AS TO PROVIDE THAT NOTICE MUST BE PUBLISHED FOR MUNICIPAL ELECTIONS, AND TO FURTHER PROVIDE THAT THE NOTICE MUST STATE WHERE ABSENTEE BALLOTS ARE TO BE COUNTED; TO AMEND SECTION 7-13-45, RELATING TO FILING REQUIREMENTS FOR CANDIDATES, SO AS TO REQUIRE THE COUNTY CHAIRMAN TO DESIGNATE A SPECIFIED PLACE OTHER THAN A PRIVATE RESIDENCE WHERE PERSONS MAY FILE A STATEMENT OF INTENTION OF CANDIDACY; TO AMEND SECTION 7-13-80, RELATING TO THE ORGANIZATION OF THE BOARD OF COMMISSIONERS, MANAGERS, AND CLERKS, SO AS TO PROVIDE THAT THE COUNTY ELECTION COMMISSION MUST APPOINT THE CHAIRMAN OF THE BOARD OF MANAGERS; TO AMEND SECTION 7-13-380, RELATING TO THE REPRINTING OF BALLOTS TO DELETE THE NAME OF A DECEASED OR WITHDRAWN CANDIDATE, SO AS TO PROVIDE THAT A BLANK LABEL COVER THE NAME OF THE DECEASED OR WITHDRAWN CANDIDATE ON VOTING SYSTEMS WHERE POSSIBLE OR APPROPRIATE; TO AMEND SECTION 7-13-740, RELATING TO THE NUMBER AND CONSTRUCTION OF VOTING BOOTHS, SO AS TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-820, RELATING TO VOTING BY A PERSON WHOSE NAME IS NOT ON THE REGISTRATION BOOK, SO AS TO PROVIDE THAT THE CHALLENGED VOTE IS A PROVISIONAL VOTE; TO AMEND SECTION 7-13-830, RELATING TO THE PROCEDURE WHEN A VOTER IS CHALLENGED, SO AS TO PROVIDE THAT THE MANAGER MUST EXPLAIN TO THE VOTER THAT A CHALLENGED VOTE IS PROVISIONAL; TO AMEND SECTION 7-13-860, RELATING TO POLL WATCHERS, SO AS TO PROVIDE THAT A POLL WATCHER MUST BE CERTIFIED BY THE CANDIDATE OR IN THE CASE OF WATCHERS JOINTLY REPRESENTING ALL CANDIDATES OF A POLITICAL PARTY, BY AN APPROPRIATE PARTY OFFICIAL; TO FURTHER PROVIDE THAT THE SIZE, COLOR OF, AND LETTERING ON BADGES OF POLL WATCHERS MUST MEET CERTAIN SPECIFICATIONS; TO AMEND SECTION 7-13-1700, RELATING TO INSTRUCTION OF MANAGERS AND CLERKS IN THE USE OF MACHINES, SO AS TO DELETE SOME OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-1750, RELATING TO THE PREPARATION OF MACHINES FOR ELECTIONS, SO AS TO DELETE THE PROVISION WHICH REQUIRES THE SEAL OF A MACHINE TO BE METAL; TO AMEND SECTION 7-15-10, RELATING TO THE DUTIES OF THE STATE ELECTION COMMISSION, SO AS TO DELETE THE PROVISION ALLOWING CERTAIN PERSONS TO REGISTER BY THE ABSENTEE METHOD; TO AMEND SECTION 7-15-110, RELATING TO PERSONS QUALIFIED TO REGISTER TO VOTE BY THE ABSENTEE METHOD, SO AS TO DELETE REFERENCES TO ABSENTEE REGISTRATION, AND TO PROVIDE THAT CERTAIN PERSONS MAY USE STANDARD 76 OR OTHER SIMILAR FEDERAL GOVERNMENT FORMS; TO AMEND SECTION 7-15-120, RELATING TO REGISTRATION FORMS, SO AS TO DELETE THE FORM; TO AMEND SECTION 7-15-260, RELATING TO RESPONSIBILITIES OF POLITICAL PARTIES CONDUCTING PRIMARIES, SO AS TO CLARIFY THAT THIS PROVISION APPLIES TO MUNICIPAL PRIMARIES ONLY; TO AMEND SECTION 7-15-320, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO INCLUDE CERTIFIED POLL WATCHERS IN THE LIST OF THOSE PERSONS ELIGIBLE TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-340, RELATING TO THE FORM OF APPLICATION FOR ABSENTEE BALLOT, SO AS TO DELETE THE FORM; TO AMEND SECTION 7-15-360, RELATING TO THE FURNISHING OF ABSENTEE BALLOTS AND ENVELOPES, SO AS TO REQUIRE A COUNTY BOARD OF VOTER REGISTRATION PROVIDE A BLANK BALLOT TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-15-365, RELATING TO BALLOTS AND INSTRUCTIONS FURNISHED BY A COUNTY BOARD OF REGISTRATION, SO AS TO PROVIDE THAT A BLANK BALLOT MUST BE GIVEN TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-15-370, RELATING TO THE FURNISHING OF ABSENTEE BALLOTS AND ENVELOPES, SO AS TO REQUIRE A COUNTY BOARD OF VOTER REGISTRATION PROVIDE A BLANK BALLOT TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-17-30, RELATING TO PROTESTS AND CONTESTS, SO AS TO CLARIFY THAT THE COUNTY BOARDS MUST DECIDE ALL CASES UNDER PROTEST OR CONTEST EXCEPT PRIMARIES AND MUNICIPAL ELECTIONS; AND TO REPEAL SECTIONS 7-11-410, RELATING TO ASSESSMENTS PAYABLE BY CANDIDATES; 7-11-430, RELATING TO AMOUNTS AND PRORATION OF ASSESSMENTS TO BE PAID BY CANDIDATES FOR THE HOUSE OF REPRESENTATIVES; 7-15-130, RELATING TO THE METHOD OF OBTAINING A REGISTRATION FORM; 7-15-140, RELATING TO COMPLETION AND RETURN OF A REGISTRATION FORM; 7-15-150, RELATING TO ENTRIES INTO REGISTRATION BOOKS; 7-15-160, RELATING TO THE VALIDITY AND EFFECT OF REGISTRATION; 7-15-170, RELATING TO PRESERVATION AND DESTRUCTION OF RECORD BOOKS AND REGISTRATION FORMS; 7-15-180, RELATING TO VERIFICATION OF REGISTRATION UPON REQUEST FOR AN ABSENTEE BALLOT; 7-15-190, RELATING TO THE FURNISHING OF NAMES OF REGISTERED VOTERS REQUESTING ABSENTEE BALLOTS; 7-15-240, RELATING TO ABSENTEE BALLOTS IN PRIMARY AND SPECIAL ELECTIONS; 7-15-250, RELATING TO DUTIES OF COUNTY COMMITTEES IN CONDUCTING PRIMARY ELECTIONS; AND 7-15-350, RELATING TO VERIFICATION OF REGISTRATION.

Ordered for consideration tomorrow.

Rep. TUCKER, from the Committee on Judiciary, submitted a favorable report, on:

S. 1198 -- Senator Alexander: A BILL TO AMEND SECTION 4-9-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, POWERS, AND DUTIES OF COUNTY CODE ENFORCEMENT OFFICERS, SO AS TO LIMIT THE SCOPE OF THEIR DUTIES.

Ordered for consideration tomorrow.

Rep. TUCKER, from the Committee on Judiciary, submitted a favorable report, on:

S. 1213 -- Senator Holland: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE II, SECTION 4 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO DELETE THE REQUIREMENT THAT A CITIZEN OF THE UNITED STATES AND OF THIS STATE IS ENTITLED TO VOTE ONLY IN THE PRECINCT OF HIS RESIDENCE AND THAT ANY REGISTERED ELECTOR WHO HAS MOVED HIS PLACE OF RESIDENCE DURING THE THIRTY DAYS IMMEDIATELY PRIOR TO THE DATE OF AN ELECTION IS ENTITLED TO VOTE IN HIS PREVIOUS PRECINCT OF RESIDENCE.

Ordered for consideration tomorrow.

Rep. TUCKER, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 1216 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 5, TITLE 7, SO AS TO ENACT PROVISIONS FOR MULTIPLE SITE VOTER REGISTRATION AND RESPONSIBILITIES OF THE SOUTH CAROLINA STATE ELECTION COMMISSION IN IMPLEMENTING THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-20, RELATING TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO, AMONG OTHER THINGS, REQUIRE THE EXECUTIVE DIRECTOR TO MAINTAIN A COMPLETE MASTER FILE, RATHER THAN A ROSTER, OF ALL QUALIFIED ELECTORS, REQUIRE HIM TO DELETE THE NAME OF ANY ELECTOR WHO REQUESTS IN WRITING THAT HIS NAME BE REMOVED, AND DELETE CERTAIN PROVISIONS OF LAW; TO AMEND SECTION 7-3-30, RELATING TO NOTICE OF DELETION OF ELECTOR'S NAME FROM ROSTER OF ELECTORS, APPEAL BY ELECTOR, AND RESTORATION OF NAME, SO AS TO, AMONG OTHER THINGS, PROVIDE FOR A MASTER FILE, RATHER THAN A ROSTER, DELETE CERTAIN PROVISIONS, AND PROVIDE THAT IF THE DELETION IS FOR CONVICTION, THE APPEAL MUST BE TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-155, RELATING TO REGISTRATION OF ELECTORS BY MAIL, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT IF THE POSTMARK DATE IS MISSING OR ILLEGIBLE, THE COUNTY BOARD OF VOTER REGISTRATION SHALL ACCEPT THE APPLICATION IF IT IS RECEIVED BY MAIL NO LATER THAN FIVE DAYS AFTER THE CLOSE OF THE REGISTRATION BOOKS BEFORE ANY ELECTION, AND REQUIRE COUNTY BOARDS OF VOTER REGISTRATION TO DISTRIBUTE APPLICATION FORMS TO CITY HALLS AND PUBLIC LIBRARIES; TO AMEND SECTION 7-5-440, RELATING TO THE REQUIREMENT THAT AN ELECTOR'S NAME MUST APPEAR ON THE LIST OF VOTERS IN ORDER TO BE ELIGIBLE TO VOTE, SO AS TO ESTABLISH A PROCEDURE BY WHICH A QUALIFIED ELECTOR WHO HAS MOVED FROM ONE ADDRESS TO ANOTHER AND HAS FAILED TO NOTIFY THE COUNTY BOARD OF REGISTRATION OF A CHANGE OF ADDRESS MAY VOTE; TO AMEND SECTION 7-7-720, RELATING TO CERTIFICATES WHICH MUST BE MAILED TO PERSONS WHOSE REGISTRATION IS TRANSFERRED, SO AS TO CHANGE THE PROCEDURE BY WHICH AN ELECTOR'S NAME MAY BE DELETED FROM THE MASTER FILE; TO AMEND SECTION 7-7-910, RELATING TO THE PLACE REGISTERED ELECTORS ARE REQUIRED TO VOTE, SO AS TO PROVIDE THAT THE SECTION IS ALSO SUBJECT TO THE PROVISIONS OF SECTION 7-5-440, AND DELETE THE PROVISIONS WHICH REQUIRE AN ELECTOR TO VOTE AT THE VOTING PLACE NEAREST TO HIS RESIDENCE WITHIN THE WARD OR OTHER SUBDIVISION OF HIS RESIDENCE, AND TO PROVIDE THAT HE MUST VOTE AT HIS DESIGNATED POLLING PLACE; TO AMEND SECTION 7-13-810, RELATING TO THE POWERS OF THE MANAGERS OF ELECTIONS, SO AS TO ADD A PROVISION WHICH WOULD AUTHORIZE ANY CANDIDATE TO PROTEST AN ELECTION IN WHICH HE IS A CANDIDATE PURSUANT TO THE PROVISIONS OF SECTION 7-17-30, WHEN THE PROTEST IS BASED IN WHOLE OR IN PART ON EVIDENCE DISCOVERED AFTER THE ELECTION, AND PROVIDE WHAT THIS EVIDENCE MAY INCLUDE; AND TO AMEND SECTION 7-25-180, RELATING TO THE DISTRIBUTION OF CAMPAIGN LITERATURE ON ELECTION DAY WITHIN TWO HUNDRED FEET OF A BUILDING WHERE A POLLING PLACE IS LOCATED, SO AS TO PROVIDE THAT THE CANDIDATE MAY WEAR A LABEL IDENTIFYING HIMSELF AS A CANDIDATE AND THE OFFICE HE IS SEEKING AND PROVIDE CONDITIONS ON THE WEARING OF THE LABEL.

Ordered for consideration tomorrow.

Rep. TUCKER, from the Committee on Judiciary, submitted a favorable report, on:

S. 1284 -- Senator Thomas: A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY FOR VIOLATING THE LAW, SO AS TO INCLUDE AN ADDITIONAL REQUIREMENT FOR DETENTION IN A SECURE JUVENILE DETENTION FACILITY AND TO PROVIDE SPECIFIC TIME FRAMES FOR REVIEW OF A JUVENILE IN A DETENTION FACILITY; TO AMEND SECTION 20-7-780, AS AMENDED, RELATING TO CONFIDENTIALITY OF JUVENILE RECORDS, FINGERPRINTS, AND PHOTOGRAPHS, SO AS TO EXPAND THE CIRCUMSTANCES UNDER WHICH A JUVENILE MAY BE FINGERPRINTED AND TO EXPAND THE USE OF FINGERPRINTS; AND TO AMEND SECTION 20-7-2170, AS AMENDED, RELATING TO COMMITMENT OF CHILDREN TO THE DEPARTMENT OF JUVENILE JUSTICE AND TRANSFER TO THE DEPARTMENT OF CORRECTIONS, SO AS TO EXPAND THE CONDITIONS UNDER WHICH THE COURT MAY WAIVE THE TEMPORARY COMMITMENT OF A CHILD TO THE DEPARTMENT FOR EVALUATION.

Ordered for consideration tomorrow.

Rep. TUCKER, from the Committee on Judiciary, submitted a favorable report, on:

S. 1327 -- Senators Holland, McGill and Giese: A BILL TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT THE GOVERNOR SHALL NOT REAPPOINT A CURRENT MAGISTRATE WHO FAILED TO MEET THE TRAINING OR CERTIFICATION REQUIREMENTS TO A NEW TERM OR TO FILL A VACANCY IN AN EXISTING TERM.

Ordered for consideration tomorrow.

Rep. TUCKER, from the Committee on Judiciary, submitted a favorable report, on:

S. 1335 -- Senator Drummond: A BILL TO AMEND CHAPTER 9, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY MEASURES, BY ADDING ARTICLE 5 ENACTING THE SOUTHERN REGIONAL EMERGENCY MANAGEMENT ASSISTANCE COMPACT IN ORDER TO PROVIDE FOR MUTUAL ASSISTANCE BETWEEN THE MEMBER STATES IN MANAGING EMERGENCIES OR DISASTERS DULY DECLARED BY THE GOVERNOR OF THE AFFECTED STATE AND MUTUAL COOPERATION IN EMERGENCY-RELATED EXERCISES AND TRAINING ACTIVITIES.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

S. 506 -- Senator Saleeby: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-415 SO AS TO PROVIDE THAT UPON GIVING THE WORKERS' COMPENSATION COMMISSION DOCUMENTATION THAT A SUBCONTRACTOR HAS REPRESENTED HIMSELF TO A CONTRACTOR AS HAVING WORKERS' COMPENSATION INSURANCE AT THE TIME THE SUBCONTRACTOR WAS ENGAGED BY THE CONTRACTOR TO PERFORM WORK, THE CONTRACTOR IS RELIEVED OF RESPONSIBILITY FOR ALL CLAIMS FILED BY EMPLOYEES OF AN UNINSURED SUBCONTRACTOR, PROVIDE FOR THE EXCLUSIVE REMEDY OF THOSE EMPLOYEES, AND PROVIDE FOR THE CIRCUMSTANCES AND PENALTIES FOLLOWING THE FILING OF FALSE DOCUMENTATION OF WORKERS' COMPENSATION INSURANCE BY A SUBCONTRACTOR TO A CONTRACTOR OR A HIGHER TIER SUBCONTRACTOR.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

S. 66 -- Senators McConnell, Rose and Leventis: A BILL TO AMEND CHAPTER 9, TITLE 6, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES, SO AS TO REVISE THE REQUIREMENTS FOR THESE CODES, AND THE MANNER IN WHICH COUNTIES AND MUNICIPALITIES MUST ADOPT AND ENFORCE SUCH CODES, REVISE THE MEMBERSHIP OF THE BUILDING CODES COUNCIL, REVISE PENALTIES, PROVIDE FOR DUTIES OF THE STATE FIRE MARSHAL AND DEPUTY FIRE MARSHALS IN REGARD TO THESE CODES, AND PROVIDE FOR LIMITED APPLICATION OF THE CHAPTER; TO AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR BUILDING CODES ENFORCEMENT OFFICERS, AND FOR THEIR FUNCTIONS, DUTIES, AND REGISTRATION; AND ADDING SECTION 38-7-35 SO AS TO PROVIDE THE FIRST TWO HUNDRED FIFTY THOUSAND DOLLARS OF THE PREMIUM TAX LEVIED ON FIRE INSURERS MUST BE USED FOR THE PURPOSE OF IMPLEMENTING THE TRAINING, CERTIFICATION, AND CONTINUING EDUCATION PROGRAM FOR BUILDING CODES ENFORCEMENT OFFICERS.

Ordered for consideration tomorrow.

Rep. TUCKER, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 659 -- Senators Cork, Greg Smith, Elliott, McConnell and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 5, TITLE 61 SO AS TO PROVIDE FOR HOSPITALITY CABINETS.

Ordered for consideration tomorrow.

Rep. TUCKER, from the Committee on Judiciary, submitted a favorable report, on:

S. 739 -- Senators Bryan and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-212 SO AS TO DEFINE FEDERAL LAW ENFORCEMENT OFFICER, TO PERMIT A FEDERAL LAW ENFORCEMENT OFFICER TO ENFORCE THE STATE'S CRIMINAL LAWS UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT A FEDERAL LAW ENFORCEMENT OFFICER IS NOT AN OFFICER, EMPLOYEE, OR AGENT OF A STATE OR LOCAL LAW ENFORCEMENT AGENCY, MAY NOT CONDUCT AN INDEPENDENT INVESTIGATION INTO A VIOLATION OF STATE LAW, AND IS SUBJECT TO THE FEDERAL TORT CLAIMS ACT.

Ordered for consideration tomorrow.

Rep. TUCKER, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 926 -- Senators Patterson, Giese, Gregory and Mescher: A BILL TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO CONFIDENTIALITY OF RECORDS, NAMES, PICTURES, AND FINGERPRINTS OF JUVENILES CHARGED WITH COMMITTING A CRIME, SO AS TO PROVIDE THAT THE NAME, IDENTITY, OR PICTURE OF A CHILD MAY BE MADE PUBLIC BY A NEWSPAPER OR RADIO OR TELEVISION STATION IF THE CHILD IS CHARGED WITH A VIOLENT CRIME, GRAND LARCENY OF A MOTOR VEHICLE, A CRIME IN WHICH A WEAPON WAS USED, OR DISTRIBUTION OR TRAFFICKING IN UNLAWFUL DRUGS.

Ordered for consideration tomorrow.

Rep. TUCKER, from the Committee on Judiciary, submitted a favorable report, on:

S. 1152 -- Senator Fair: A BILL TO AMEND SECTION 16-15-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT UPON CERTAIN CHILDREN, SO AS TO REVISE THE AGES OF A VICTIM AND A PERPETRATOR OF THIS OFFENSE.

Ordered for consideration tomorrow.

Rep. TUCKER, from the Committee on Judiciary, submitted a favorable report, on:

S. 1306 -- Senator Giese: A BILL TO AMEND SECTION 50-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ARREST OF AND BAIL FOR PERSONS APPREHENDED BY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE FOR AN OFFICIAL SUMMONS TO BE USED BY THE OFFICERS FOR CERTAIN OFFENSES AND REVISE THE PROVISIONS FOR ARREST AND BAIL.

Ordered for consideration tomorrow.

Rep. TUCKER, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 82 -- Senators McConnell, Rose and Wilson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BAIL, CRUEL, UNUSUAL AND CORPORAL PUNISHMENT, AND DETENTION OF WITNESSES, SO AS TO PROVIDE FOR THE OFFENSES FOR WHICH AND THE CIRCUMSTANCES UNDER WHICH BAIL MAY BE DENIED.

Ordered for consideration tomorrow.

Rep. TUCKER, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 943 -- Senators Waldrep, Wilson, Rose, Elliott, Courson, Reese, Lander, Setzler, Leatherman, Mescher and Hayes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE JUDICIAL DEPARTMENT, BY ADDING SECTION 1A SO AS TO PROVIDE THAT NO PERSON WHO HAS BEEN CONVICTED OF A FELONY OR AN ELECTION LAW VIOLATION UNDER STATE OR FEDERAL LAW OR WHO HAS PLED GUILTY OR NOLO CONTENDERE TO AN ELECTION LAW OFFENSE IS ELIGIBLE TO SERVE AS A JUSTICE OF THE SUPREME COURT, AS A JUDGE OF THE COURT OF APPEALS, AS A CIRCUIT COURT JUDGE, OR AS A JUDGE OR MEMBER OF ANY OTHER COURT PROVIDED FOR OR ESTABLISHED BY THE CONSTITUTION OR BY GENERAL LAW THAT IS A PART OF THE UNIFIED JUDICIAL SYSTEM.

Ordered for consideration tomorrow.

Rep. TUCKER, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 1286 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2725 SO AS TO PROHIBIT DAY CARE CENTERS FROM EMPLOYING PERSONS CONVICTED OF CERTAIN CRIMES; TO PROVIDE THAT A PERSON WHO HAS BEEN CONVICTED OF CERTAIN ENUMERATED CRIMES WHO APPLIES FOR EMPLOYMENT AT OR IS EMPLOYED BY A DAY CARE CENTER IS GUILTY OF A MISDEMEANOR, AND TO REQUIRE AN EMPLOYMENT APPLICATION TO INCLUDE A STATEMENT NOTIFYING AN APPLICANT OF THIS CRIMINAL OFFENSE; TO REQUIRE FINGERPRINT REVIEWS FOR EMPLOYEES AND CAREGIVERS; TO ALLOW TEMPORARY OR PROVISIONAL EMPLOYMENT PENDING RESULTS OF THE FEDERAL BUREAU OF INVESTIGATION FINGERPRINT REVIEW IN CERTAIN CIRCUMSTANCES; TO PROVIDE THAT THE CRIMINAL HISTORY REVIEWS APPLY TO AN EMPLOYEE OR VOLUNTARY CAREGIVER OF A DAY CARE CENTER, GROUP DAY CARE HOME, FAMILY DAY CARE HOME, OR CHURCH OR RELIGIOUS DAY CARE CENTER WHO PROVIDES CARE TO A CHILD WITHOUT THE DIRECT PERSONAL SUPERVISION OF A PERSON LICENSED, REGISTERED, OR APPROVED UNDER THIS SUBARTICLE AND TO OTHER EMPLOYEES OR VOLUNTEERS WHO HAVE DIRECT ACCESS TO A CHILD OUTSIDE THE IMMEDIATE PRESENCE OF A PERSON WHO HAS UNDERGONE THE FINGERPRINT REVIEW REQUIRED UNDER THE SECTION; TO WAIVE FINGERPRINT REVIEWS FOR CERTAIN PERSONS; TO AMEND SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, 20-7-2860, AND 20-7-2900, AS AMENDED, RELATING TO DAY CARE LICENSING, APPROVAL, REGISTRATIONS AND RENEWALS, SO AS TO REVISE THE CRIMINAL OFFENSES WHICH PRECLUDE A PERSON FROM OBTAINING A LICENSE, APPROVAL, OR REGISTRATION; TO AMEND SECTION 20-7-2905, AS AMENDED, RELATING TO FEES FOR CRIMINAL HISTORY REVIEWS, SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION AND THE FEDERAL BUREAU OF INVESTIGATION TO PROVIDE TWO COPIES OF THE RESULTS OF THESE REVIEWS; AND TO AMEND SECTION 20-7-3095, RELATING TO THE SEPARATE CRIMINAL OFFENSE OF COMMITTING CERTAIN OFFENSES WITHIN A SPECIFIED RADIUS OF DAY CARE FACILITIES, SO AS TO AMEND THE LIST OF OFFENSES.

Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, Reps. S. WHIPPER and TRIPP, for the minority, submitted an unfavorable report, on:

S. 119 -- Senator Rose: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 54 SO AS TO CREATE THE SOUTH CAROLINA DRUG IMPAIRED INFANTS ACT, TO AMEND SECTION 20-7-290, RELATING TO THE RENDERING OF HEALTH SERVICES TO MINORS WITHOUT PARENTAL CONSENT, SO AS TO PROVIDE THAT A PHYSICIAN PROVIDING CARE FOR A NEWBORN CHILD MAY ORDER TESTING FOR ALCOHOL AND OTHER DRUGS WITHOUT THE CONSENT OF PARENTS UNDER CERTAIN CIRCUMSTANCES, TO AMEND SECTION 20-7-510, RELATING TO THE REQUIREMENT THAT CERTAIN PERSONS REPORT INSTANCES OF CHILD ABUSE OR NEGLECT, SO AS TO ADD SUBSECTION (D) TO PROVIDE THE CIRCUMSTANCES UNDER WHICH PERSONS ARE REQUIRED TO REPORT POSITIVE RESULTS OF DRUG OR ALCOHOL TESTING PERFORMED ON A NEWBORN, TO AMEND SECTION 44-7-260, RELATING TO HOSPITALS, ETC. AND REQUIREMENTS FOR LICENSURE, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO FACILITY OR SERVICE THAT PROVIDES DIAGNOSTIC TREATMENT OR REHABILITATIVE SERVICES RELATED TO ALCOHOL OR OTHER DRUGS MAY REFUSE TO PROVIDE THESE SERVICES TO A WOMAN SOLELY BECAUSE THE WOMAN IS PREGNANT, TO AMEND SECTION 44-49-40, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CONCERNING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO COORDINATE SERVICES OF THE DEPARTMENT RELATING TO PRENATAL SUBSTANCE ABUSE, TO AMEND SECTION 44-53-140, RELATING TO THE ALCOHOL AND DRUG ABUSE COMMITMENT, SO AS TO PROVIDE THAT EVIDENCE OBTAINED IN THE ADMINISTERING OF HEALTH CARE MAY NOT BE USED AGAINST THE PERSON SEEKING TREATMENT IN ANY PROCEEDING EXCEPT PROCEEDINGS INITIATED BY THE DEPARTMENT OF SOCIAL SERVICES, AND TO AMEND SECTIONS 59-32-20 AND 59-32-30, RELATING TO EDUCATION, SO AS TO PROVIDE FOR THE DEVELOPMENT AND INCLUSION OF APPROPRIATE DRUG EDUCATION CURRICULA CONCERNING THE EFFECTS OF ALCOHOL AND DRUG ABUSE.

Ordered for consideration tomorrow.

Rep. TUCKER, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 95 -- Senators McConnell, Courson, Rose, Gregory and O'Dell: A BILL TO AMEND SECTION 24-13-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENDED WORK RELEASE PROGRAM, SO AS TO PROVIDE THAT NO PERSON CONVICTED OF A VIOLENT CRIME AS DEFINED IN SECTION 16-1-60 MAY PARTICIPATE IN THIS PROGRAM; AND TO REPEAL SECTION 24-13-650 WHICH PROHIBITS A PERSON CONVICTED OF A VIOLENT CRIME FROM BEING RELEASED BACK INTO THE COMMUNITY IN WHICH HE COMMITTED THE OFFENSE UNDER THE WORK RELEASE PROGRAM.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 5025 -- Reps. McAbee, P. Harris and Carnell: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 81 FROM ANDERSON TO INTERSTATE 85 IN HONOR OF OUR DISTINGUISHED FRIEND AND COLLEAGUE, REPRESENTATIVE JOHN W. TUCKER, JR., OF ANDERSON.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

HOUSE RESOLUTION

The following was introduced:

H. 5026 -- Rep. Gamble: A HOUSE RESOLUTION TO COMMEND MRS. KAY BLACK, A TEACHER WITH LEXINGTON SCHOOL DISTRICT TWO, FOR HER DISTINGUISHED TWENTY-EIGHT YEAR CAREER IN EDUCATION UPON HER RETIREMENT.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 1414 -- Senators J. Verne Smith and Thomas: A CONCURRENT RESOLUTION TO EXPRESS DEEP CONCERN OF THE GENERAL ASSEMBLY REGARDING RECENT MIDDLE EASTERN TERRORIST THREATS AND DEMANDS, AND TO CONDEMN THESE TYPES OF TERRORIST ACTIONS WHICH UNDERMINE THE PEACEFUL EXISTENCE OF PEOPLES OF ALL RACES, FAITHS, AND NATIONALITIES THROUGHOUT THE WORLD.

Whereas, the members of the General Assembly have learned with grave concern that an anonymous person is threatening the murder of twelve hundred Jewish executives and physicians in the United States unless Israel withdraws its forces from Lebanon and a twelve billion dollar payment is made to compensate for Lebanese killed in Middle Eastern fighting; and

Whereas, these type actions threaten the efforts led by the United States over the past two decades to bring peace to the Middle East and also threaten the rights of people of all races, faiths, and nationalities to live peacefully without fear of senseless brutality; and

Whereas, Jews throughout the world and in Israel are unfortunately the continued targets of many terrorist groups whose acts of terrorism ultimately say more about their lack of courage and character than they do about the courage and character of their intended victims; and

Whereas, this most recent example of threats to Jewish individuals and groups shows that the capacity of human beings to commit atrocities is not over; and

Whereas, it is the obligation of free people everywhere to speak out against this type of inhuman activity and the citizens of South Carolina should continually rededicate themselves to the principle of equal justice for all people, should remain eternally vigilant against all tyranny, and recognize that bigotry provides a breeding ground for tyranny to flourish; and

Whereas, the members of the General Assembly, by this resolution, express their deep concern about this situation and publicly condemn those who would undertake such brutal and inhumane actions. Now, therefore,

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

That the members of the General Assembly hereby express their deep concern regarding Middle Eastern terrorist threats and demands, and further condemn these types of terrorist actions which undermine the peaceful existence of peoples of all races, faiths, and nationalities throughout the world.

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

INTRODUCTION OF BILLS

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

H. 5027 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS, RELATING TO CONTINUING PROFESSIONAL COMPETENCY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1912, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 5028 -- Reps. Neilson, Baxley and J. Hines: A BILL TO PROVIDE FOR A REFERENDUM FOR THE CREATION OF THE J.C. DANIEL CENTER DISTRICT IN DARLINGTON COUNTY.

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

H. 5029 -- Reps. Boan and Hodges: A BILL TO AMEND SECTION 7-7-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LANCASTER COUNTY, SO AS TO REDESIGNATE THE PRECINCTS AND ADD AN OFFICIAL DOCUMENT DESIGNATION WHICH IS MAINTAINED AND KEPT ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD, AND TO AUTHORIZE THE POLLING PLACES FOR THE PRECINCTS IN LANCASTER COUNTY BE ESTABLISHED BY THE COUNTY BOARD OF ELECTIONS AND VOTER REGISTRATION SUBJECT TO THE APPROVAL BY A MAJORITY OF THE LANCASTER COUNTY LEGISLATIVE DELEGATION.

On motion of Rep. BOAN, 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.

Allison                Anderson               Askins
Bailey                 Baxley                 Boan
Breeland               Brown, G.              Brown, H.
Brown, J.              Brown, T.              Byrd
Cain                   Canty                  Carnell
Cato                   Cave                   Chamblee
Clyburn                Cobb-Hunter            Cooper
Cotty                  Cromer                 Dantzler
Davenport              Delleney               Easterday
Elliott                Felder                 Fleming
Fulmer                 Gamble                 Govan
Hallman                Harrell                Harris, J.
Harris, P.             Haskins                Hines, J.
Hines, M.              Hodges                 Howard
Hutson                 Inabinett              Jaskwhich
Jennings               Kelley                 Keyserling
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Lee                    Limbaugh
Limehouse              Littlejohn             Lloyd
Loftis                 Marchbanks             Martin
McAbee                 McCraw                 McKay
McMahand               McTeer                 Meacham
Moody-Lawrence         Neilson                Phillips
Quinn                  Rhoad                  Rice
Richardson             Riser                  Robinson
Rogers                 Sandifer               Scott
Seithel                Sharpe                 Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Spearman               Stille
Stoddard               Stuart                 Townsend
Tripp                  Trotter                Tucker
Vaughn                 Waldrop                Walker
Wells                  Whatley                Whipper, L.
Whipper, S.            White                  Wilder
Wilkes                 Wilkins                Williams
Wofford                Wright                 Young
Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, May 15.

Harold G. Worley                  Joseph H. Neal
Total Present--114

LEAVE OF ABSENCE

The SPEAKER granted Rep. HERDKLOTZ a leave of absence for the day.

STATEMENT OF ATTENDANCE

Rep. MARTIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, May 14.

S. 90--FREE CONFERENCE POWERS GRANTED

Rep. LIMBAUGH moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

S. 90 -- Senators Wilson, Rose, Giese and Elliott: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMES OF ARMED ROBBERY AND ATTEMPTED ARMED ROBBERY, SO AS TO EXTEND THE OFFENSE TO CASES IN WHICH A PERSON ALLEGES HE IS ARMED WHILE USING A REPRESENTATION OF A DEADLY WEAPON OR AN OBJECT WHICH A PERSON MAY REASONABLY BELIEVE TO BE A DEADLY WEAPON.

The yeas and nays were taken resulting as follows:

Yeas 93; Nays 0

Those who voted in the affirmative are:

Allison                Askins                 Bailey
Baxley                 Boan                   Breeland
Brown, G.              Brown, H.              Brown, J.
Brown, T.              Byrd                   Cain
Carnell                Cato                   Cave
Chamblee               Clyburn                Cobb-Hunter
Cooper                 Cotty                  Cromer
Dantzler               Davenport              Delleney
Easterday              Elliott                Felder
Fleming                Gamble                 Harrell
Haskins                Hines, J.              Hines, M.
Howard                 Hutson                 Jaskwhich
Jennings               Keegan                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Limbaugh               Limehouse              Lloyd
Loftis                 McAbee                 McCraw
McElveen               McKay                  McTeer
Meacham                Moody-Lawrence         Neilson
Quinn                  Rhoad                  Rice
Richardson             Riser                  Robinson
Rogers                 Sandifer               Scott
Seithel                Sharpe                 Sheheen
Shissias               Simrill                Smith, R.
Spearman               Stille                 Stoddard
Townsend               Tripp                  Tucker
Vaughn                 Waldrop                Walker
Wells                  Whatley                Whipper, L.
White                  Wilder                 Wilkes
Wilkins                Williams               Wofford
Wright                 Young                  Young-Brickell

Total--93

Those who voted in the negative are:

Total--0

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. LIMBAUGH, MARTIN and HARRISON to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

S. 90--FREE CONFERENCE REPORT ADOPTED
FREE CONFERENCE REPORT
The General Assembly, Columbia, S.C., May 7, 1996

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 90 -- Senators Wilson, Rose, Giese and Elliott: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMES OF ARMED ROBBERY AND ATTEMPTED ARMED ROBBERY, SO AS TO EXTEND THE OFFENSE TO CASES IN WHICH A PERSON ALLEGES HE IS ARMED WHILE USING A REPRESENTATION OF A DEADLY WEAPON OR AN OBJECT WHICH A PERSON MAY REASONABLY BELIEVE TO BE A DEADLY WEAPON.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/SECTION     1.     Section 16-11-330 of the 1976 Code, as last amended by Section 170, Act 184 of 1993, is further amended to read:

"Section 16-11-330.     (A)     A person convicted for the crime of robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon, or while alleging, either by action or words, he was armed while using a representation of a deadly weapon or any object which a person present during the commission of the robbery reasonably believed to be a deadly weapon must be imprisoned not more than thirty years, no part of which may be suspended. A person convicted under the provisions of this subsection is not eligible for parole until he has served at least seven years of his sentence.

(1)     A person under the age of twenty-one sentenced under the provisions of Chapter 19 of Title 24 (Youthful Offenders Act) convicted of armed robbery shall receive and serve a minimum sentence of at least three years, no part of which may be suspended. The person is not eligible for parole or probation until he has served a three-year minimum sentence.

(2)     A person between the ages of twenty-one and twenty-five, who is convicted of armed robbery, may not be sentenced under the provisions of Chapter 19 of Title 24 (Youthful Offenders Act).

(B)     A person convicted for attempted robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon, while alleging, either by action or words, he was armed while using a representation of a deadly weapon or any object which a person present during the commission of the attempted robbery reasonably believed to be a deadly weapon must be imprisoned not more than twenty years."

SECTION     2.     Section 23-11-110(A)(7) of the 1976 Code is amended to read:

"(7)     be fingerprinted and have the State Law Enforcement Division make a search of local, state, and federal fingerprint files for any criminal record. Fingerprints are to be taken under the direction of any law enforcement agency and must be made available to SLED sixty days before the close of qualification for election to the office with the no later than one hundred thirty days prior to the general election. The results of the records search are to be filed with the county executive committee of the person's political party. A person seeking nomination by petition must file the records search with the county election commission in the county of his residence."

SECTION     3.     Section 23-11-110(B)(1) of the 1976 Code is amended to read:

"(B) (1)     A person offering his candidacy for the office of sheriff, within sixty days before or at the time he qualifies , shall file a sworn affidavit, no later than the close of filing, with the county executive committee of the person's political party. The county executive committee of any political party with whom a person has filed his affidavit must file a copy of the affidavit with the appropriate county election commission by noon on the tenth day following the deadline for filing affidavits by candidates. If the tenth day falls on Saturday, Sunday, or a holiday, the affidavits must be filed by noon the following day. A person seeking nomination by petition must file a sworn affidavit with the county election commission in the county of his residence."

SECTION     4.     For the General Election of 1996 only, the deadline for making available fingerprint records to the State Law Enforcement Division by candidates for sheriff pursuant to provisions of Section 23-11-110(A)(7) and the deadline for filing the sworn affidavit with the county executive committee pursuant to the provisions of Section 23-11-110(B)(1) is extended until noon forty-five days before the general election.

SECTION     5.     This act takes effect upon approval by the Governor and Sections 2 and 3 apply with respect to candidates filing for election beginning January 1, 1996. /

Amend title to conform.

/s/Donald H. Holland              /s/James H. Harrison
/s/Thomas L. Moore                /s/L. Morgan Martin
/s/Addison G. "Joe" Wilson        /s/L. Hunter Limbaugh
On Part of the Senate.                 On Part of the House.

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

S. 1293--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 14, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 1293:
S. 1293 -- Senators Thomas, Giese, Courson, Fair, Hayes, Jackson, Passailaigue, Russell and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1535 SO AS TO PROVIDE THAT ALL LAW ENFORCEMENT AGENCIES SHALL PROVIDE CRIME VICTIMS WITH A COPY OF THE CRIME INCIDENT REPORT RELATING TO THEIR CASE AND CERTAIN OTHER INFORMATION; TO ADD SECTION 16-3-1537 SO AS TO REQUIRE A CRIMINAL SENTENCING JUDGE TO APPLY AMOUNTS FORFEITED TO THE COURT BY A PERSON PURSUANT TO SECTION 17-15-90 TOWARD THE PAYMENT OF RESTITUTION THE COURT ORDERS THE PERSON TO PAY; TO ADD SECTION 17-1-18 SO AS TO REQUIRE THE STATE SUPREME COURT TO PROMULGATE RULES TO ALLOW AN APPEAL OF CERTAIN COURT ORDERS IF A VICTIM IMPACT STATEMENT WAS NOT CONSIDERED BY THE COURT OR IF A REASONABLE AMOUNT OF RESTITUTION WAS NOT ORDERED; TO ADD SECTION 24-21-490 SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES SHALL COLLECT AND DISTRIBUTE RESTITUTION, THE PROCEDURE FOR COLLECTING AND DISTRIBUTING RESTITUTION, THE MAINTENANCE OF A MINIMUM NUMBER OF RESTITUTION BEDS AND PUBLISHING OF AN ANNUAL REPORT CONCERNING THE STATE'S EFFORTS TO COLLECT RESTITUTION AND OTHER FEES; TO AMEND SECTION 16-3-1110, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN CERTAIN PROVISIONS REGARDING THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE A DEFINITION OF "RESTITUTION"; AND TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO PROVIDE THE AMOUNT OF RESTITUTION A JUDGE MUST ORDER AN OFFENDER TO PAY.
Very respectfully,
President

On motion of Rep. TUCKER, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. COTTY, WOFFORD and GOVAN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

S. 1315--CONFERENCE REPORT ADOPTED
CONFERENCE REPORT
The General Assembly, Columbia, S.C., May 8, 1996

The COMMITTEE OF CONFERENCE, to whom was referred:
S. 1315 -- Senators Drummond, Matthews, Waldrep, Washington, Setzler, Cork, Moore, Ryberg, O'Dell and Alexander: A BILL TO AMEND SECTION 1-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE THE BOUNDARIES OF THE STATE IN REGARD TO THE BOUNDARY IN THE LOWER SAVANNAH RIVER REGION.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/SECTION     1.     Section 1-1-10 of the 1976 Code is amended to read:

"Section 1-1-10.     The sovereignty and jurisdiction of this State extends to all places within its bounds, which are hereby declared to be as follows:

The northern line beginning at a point at the low-water mark of the Atlantic Ocean on the eastern shore of Bird Island, runs in a northwest direction through monuments established at latitude 33._ 51_ 07.8792" N., longitude 78_ 32_ 32.6210" W., at latitude 33_ 51_ 36.4626" N., longitude 78_ 33_ 06.1937" W., and at latitude 33_ 51_ 50.7214" N., longitude 78_ 33_ 22.9448" W., (coordinates based on North American Datum 1927), following existing monuments to a stake in a meadow; thence, in a direction due west, a distance of sixty-two miles, to a point where it intersects the Charleston Road (at sixty-one miles) near the Waxhaw Creek; thence N. 2_ 12 1 /2_ E. eight miles to a gum tree on the southeastern corner of the Catawba Indian Reservation as laid out in 1764; thence following the eastern and northern boundary lines of said Catawba Indian Reservation to where such northern boundary line crosses the thread of the Catawba River; thence up the thread of said river to the confluence of the north and south forks thereof; thence west to a stone on Tyron Mountain marked "S. C. and N. C., September 15th, 1815"; thence from said stone set up and marked "S. C. and N. C., September 15, 1815" west four miles and ninety poles to a stone marked "S. C. and N. C."; thence S. 25_ W. 118 poles to a chestnut tree on the top of a ridge dividing the waters of the north fork of the Pacolet River from the waters of the north fork of the Saluda River; thence along the various courses of said ridge (agreeably to the plat and survey of the commissioners and surveyors accompanying their report, dated November 2, 1815) to the ridge that divides the Saluda waters from those of Green River; thence along the various courses of said ridge, agreeably to said plat and survey, to a stone set up where said river joins the ridge which divides the eastern and western waters which is marked "S. C. and N. C., September 28th, A.D. 1815"; thence along the various courses of said ridge, agreeably to said plat and survey, to a stone set up on that part of it which is intersected by the Cherokee boundary line, run in the year 1797, and which stone is marked "S. C. and N. C., 1813"; and from the said last-mentioned stone on the top of said ridge, at the point of intersection aforesaid, a direct line S. 68 1/4_ W. 20 miles and 11 poles to the thirty-fifth degree of north latitude at the rock in the east bank of the Chattooga River marked "Latitude thirty-five degrees, A.D. 1813" which line, from the termination of the line of 1772 to the Chattooga River, is in all a distance of twenty-four miles and one hundred and eighty-nine poles.

The lateral seaward boundary between North Carolina and South Carolina from the low-water mark of the Atlantic Ocean shall be and is hereby designated as a continuation of the North Carolina-South Carolina boundary line as described by monuments located at latitude 33_ 51_ 50.7214" N., longitude 78_ 33_ 22.9448" W., at latitude 33_ 51_ 36.4626" N., longitude 78_ 33_ 06.1937" W., and at latitude 33_ 51_ 07.8792" N., longitude 78_ 32_ 32.6210" W., (coordinates based on North American Datum 1927), in a straight line projection of said line to the seaward limits of the states' territorial jurisdiction, such line to be extended on the same bearing insofar as a need for further delimitation may arise.

From the state of Georgia, this State is divided by the Savannah River, from its entrance into the ocean at the point where the northern edge of the navigable channel of the Savannah River intersects the seaward limit of the state's territorial jurisdiction; thence generally along the northern edge of the navigable channel up the Savannah River; thence along the northern edge of the sediment basin to the Tidegate; thence to the confluence of the Toogaloo Tugaloo and Seneca Rivers; thence up the Toogaloo Tugaloo River to the confluence of the Tallulah and the Chattooga Rivers; thence up the Chattooga River to the 35th parallel of north latitude, which is the boundary of North Carolina, the line being midway between the banks of said respective rivers when the water is at ordinary stage, except in the lower reaches of the Savannah River, as hereinafter described. And when the rivers are broken by islands of natural formation which, under the Treaty of Beaufort, are reserved to the state of Georgia, the line is midway between the island banks and the South Carolina banks when the water is at ordinary stage, except in the lower reaches of the Savannah River, as hereinafter described.

On the east the State is bounded by the Atlantic Ocean, from the mouth of the Savannah River to the northern boundary, near the mouth of Little River, including all islands.

The boundary between Georgia and South Carolina along the lower reaches of the Savannah River, and the lateral seaward boundary, is more particularly described as follows:

Beginning at a point where the thread of the northernmost branch of the Savannah River equidistant between its banks intersects latitude 32_ 07_ 00" N., (North American Datum 1983-86), located in the Savannah River, and proceeding in a southeasterly direction down the thread of the Savannah River equidistant between the banks of the Savannah River on Hutchinson Island and on the mainland of South Carolina including the small downstream island southeast of the aforesaid point, at ordinary stage, until reaching the vicinity of Pennyworth Island;

Proceeding thence easterly down the thread of the northernmost channel of the Savannah River known as the Back River as it flows north of Pennyworth Island, making the transition to the said northernmost channel using the equidistant method between Pennyworth Island, the Georgia bank on Hutchinson Island, and the South Carolina mainland bank, thence to the thread of the said northernmost channel equidistant from the South Carolina mainland bank and Pennyworth Island at ordinary stage, around Pennyworth Island;

Proceeding thence southeasterly to the thread of the northern channel of the Savannah River equidistant from the Georgia bank on Hutchinson Island and the South Carolina mainland bank, making the transition utilizing the equidistant method between Pennyworth Island, the Georgia bank on Hutchinson Island, and the South Carolina mainland bank;

Proceeding thence southeasterly down the thread of the Savannah River equidistant from the Hutchinson Island and South Carolina mainland banks of the river at ordinary stage, through the tide gates, until reaching the northwestern (farthest upstream) boundary of the 'Back River Sediment Basin', as defined in the 'Annual Survey-1992, Savannah Harbor, Georgia, U. S. Coastal Highway, No. 17 to the Sea', U. S. Army Corps of Engineers, Savannah District as amended by the Examination Survey-1992 charts for the Savannah Harbor Deepening Project, Drawings No. DSH 112/107, (hereinafter the 'Channel Chart');

Proceeding thence along the said northwestern boundary to its intersection with the northern boundary of the Back River Sediment Basin; thence southeasterly until said northern boundary intersects the northern boundary of the main navigational channel as depicted on the Channel Chart at the point designated as SR-34 (latitude 32_ 05_ 01.440" N., longitude 081_ 02_ 17.252" W., North American Datum (NAD) 1983-86);

Proceeding thence toward the mouth of the Savannah River along the northern boundary of the main navigational channel at the new channel limit as depicted on the Channel Chart, via Oglethorpe Range through point SR-33 (latitude 32_ 05_ 17.168" N., longitude 081_ 01_ 34.665" W., NAD 1983-86), Fort Jackson Range through point SR-32 (latitude 32_ 05_ 30.133" N., longitude 081_ 01_ 17.750" W., NAD 1983-86), the Bight Channel through points SR-31 (latitude 32_ 05_ 55.631" N., longitude 081_ 01_ 02.480" W., NAD 1983-86), SR-30 (latitude 32_ 06_ 06.272" N., longitude 081_ 00_ 44.802" W., NAD 1983-86), SR-29 (latitude 32_ 06_ 09.053" N., longitude 081_ 00_ 31.887" W., NAD 1983-86), SR-28 (latitude 32_ 06_ 08.521" N., longitude 081_ 00_ 15.498" W., NAD 1983-86), and SR-27 (latitude 32_ 06_ 01.565" N., longitude 080_ 59_ 58.406" W., NAD (1983-86), Upper Flats Range through points SR-26 (latitude 32_ 05_ 41.698" N., longitude 080_ 59_ 31.968" W., NAD 1983-86) and SR-25 (latitude 32_ 05_ 02.819" N., longitude 080_ 59_ 12.644" W., NAD 1983-86), Lower Flats Range through points SR-24 (latitude 32_ 04_ 46.375" N., longitude 080_ 59_ 00.631" W., NAD 1983-86), SR-23 (latitude 32_ 04_ 40.209" N., longitude 080_ 58_ 49.947" W., NAD 1983-86), SR-22 (latitude 32_ 04_ 28.679" N., longitude 080_ 58_ 18.895" W., NAD 1983-86), and SR-21 (latitude 32_ 04_ 22.274" N., longitude 080_ 57_ 34.449" W., NAD 1983-86), Long Island Crossing Range through points SR-20 (latitude 32_ 04_ 13.042" N., longitude 080_ 57_ 14.511" W., NAD 1983-86), and SR-19 (latitude 32_ 02_ 30.984" N., longitude 080_ 55_ 30.308" W., NAD 1983-86) and New Channel Range following the northern boundary of the Rehandling Basin and the northern boundary of the Oyster Bed Island Turning Basin back to the northern edge of the main navigational channel, thence through points SR-17 (latitude 32_ 02_ 07.661" N., longitude 080_ 53_ 39.379" W., NAD 1983-86) and SR-16 (latitude 32_ 02_ 07.533" N., longitude 080_ 53_ 31.663" W., NAD 1983-86), to a point at latitude 32_ 02_ 08" N., longitude 080_ 53_ 25" W., NAD 1983-86 (now marked by Navigational Buoy "24") near the eastern end of Oyster Bed Island;

Proceeding thence from a point at latitude 32_ 02_ 08" N., longitude 080_ 53_ 25" W., NAD 1983-86 (now marked by Navigational Buoy R "24") on a true azimuth of 0_ 0_ 0" (true north) to the mean low low-water line of Oyster Bed Island; thence easterly along the said mean low low-water line of Oyster Bed Island to the point at which the said mean low low-water line of Oyster Bed Island intersects the Oyster Bed Island Training Wall;

Proceeding thence easterly along the mean low low-water line of the southern edge of the Oyster Bed Island Training Wall to its eastern end; thence continuing the same straight line to its intersection with the Jones Island Range line;

Proceeding thence southeasterly along the Jones Island Range line until reaching the northern boundary of the main navigational channel as depicted on the Channel Chart;

Proceeding thence southeasterly along the northern boundary of the main navigational channel as depicted on the Channel Chart, via Jones Island Range and Bloody Point Range, to a point at latitude 31_ 59_ 48.0" N., longitude 080_ 47_ 01.5" W., NAD 1983-86 (now marked by Navigational Buoy "6"); and finally,

Proceeding from a point at latitude 31_ 59_ 48.0" N., longitude 080_ 47_ 01.5" W., NAD 1983-86 (now marked by Navigational Buoy "6") extending southeasterly to the federal-state boundary on a true azimuth of 104 degrees (bearing of S76_E), which describes the line being at right angles to the baseline from the southernmost point of Hilton Head Island and the northernmost point of Tybee Island, drawn by the Baseline Committee in 1970.

Should the need for further delimitation arise, the boundary shall further extend southeasterly on above-described true azimuth of 104 degrees (bearing of S76_E).

Provided, further, that nothing in this section shall in any way be considered to govern or affect in any way the division between the states of the remaining assimilative capacity that is, the capacity to receive wastewater and other discharges without violating water quality standards, of the portion of the Savannah River described in this section."

SECTION     2.     This act takes effect upon approval by the Governor./

Amend title to conform.

/s/McKinley Washington            /s/James H. Hodges
/s/Holly A. Cork                  /s/James S. Klauber
/s/W. Greg Ryberg                 /s/W. Jeffrey Young
On Part of the Senate.                 On Part of the House.

Rep. HODGES explained the Conference Report.

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

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 14, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 1315:
S. 1315 -- Senators Drummond, Matthews, Waldrep, Washington, Setzler, Cork, Moore, Ryberg, O'Dell and Alexander: A BILL TO AMEND SECTION 1-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE THE BOUNDARIES OF THE STATE IN REGARD TO THE BOUNDARY IN THE LOWER SAVANNAH RIVER REGION.
Very respectfully,
President

S. 1315--ORDERED ENROLLED FOR RATIFICATION

The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

DOCTOR OF THE DAY

Announcement was made that Dr. Roger Gaddy of Winnsboro is the Doctor of the Day for the General Assembly.

S. 1273--DEBATE ADJOURNED ON MESSAGE
MESSAGE FROM THE SENATE

Columbia, S.C., May 9, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 317, S. 1273 by a vote of 46 to 0.
(R317) S. 1273 -- Senators Rose, McConnell and Mescher: AN ACT TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.
Very respectfully,
President

Rep. BAILEY moved to adjourn debate upon the message until Tuesday, May 21, which was adopted.

S. 1350--DEBATE ADJOURNED ON MESSAGE
MESSAGE FROM THE SENATE

Columbia, S.C., May 9, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 321, S. 1350 by a vote of 46 to 0.
(R321) S. 1350 -- Senators Mescher and Rose: AN ACT TO AMEND ACT 159 OF 1995, RELATING TO DEVOLVING THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING BERKELEY COUNTY TO THE GOVERNING BODY OF BERKELEY COUNTY, SO AS TO PROVIDE THAT CERTAIN PROVISIONS OF ACT 159 OF 1995 DO NOT APPLY TO A SPECIAL PURPOSE DISTRICT.
Very respectfully,
President

Rep. WOFFORD moved to adjourn debate upon the message until Tuesday, May 21, which was adopted.

S. 1375--DEBATE ADJOURNED

Rep. COBB-HUNTER moved to adjourn debate upon the following Bill, which was adopted.

S. 1375 -- Senator Matthews: A BILL TO PROVIDE THAT ORANGEBURG COUNTY ON JULY 1, 1997, SHALL CONSIST OF THREE CONSOLIDATED SCHOOL DISTRICTS, EACH TO BE COMPOSED OF CERTAIN OF THE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY WITH THESE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY BEING ABOLISHED ON JULY 1, 1997; TO PROVIDE THAT EACH CONSOLIDATED SCHOOL DISTRICT SHALL BE GOVERNED BY A BOARD OF TRUSTEES WHO SHALL BE ELECTED IN NONPARTISAN ELECTIONS ON SPECIFIED DATES; TO PROVIDE FOR THE COMPOSITION AND MANNER OF ELECTION OF EACH CONSOLIDATED BOARD; TO ESTABLISH AN ORANGEBURG COUNTY BOARD OF EDUCATION ON JULY 1, 1997, TO BE COMPOSED OF SEVEN MEMBERS ELECTED IN NONPARTISAN ELECTIONS IN THE MANNER SPECIFIED; TO PROVIDE FOR THE POWERS AND DUTIES OF THE COUNTY BOARD AND THE CONSOLIDATED BOARDS; TO PROVIDE FOR THE MANNER IN WHICH SCHOOL BUDGETS MUST BE PREPARED AND SCHOOL TAX MILLAGE DETERMINED AND LEVIED; TO AUTHORIZE FINANCIAL INCENTIVES FOR SCHOOL YEAR 1997-98 ONLY TO ENCOURAGE THE RETIREMENT OF SCHOOL DISTRICT PERSONNEL CURRENTLY WORKING BEYOND RETIREMENT AGE; TO PROVIDE FOR THE TRANSFER OF THE ASSETS, LIABILITIES, AND BONDED INDEBTEDNESS OF THE EIGHT PRESENT SCHOOL DISTRICTS TO THE COUNTY BOARD WITH CERTAIN EXCEPTIONS; TO PROVIDE FOR THE MANNER IN WHICH THE CONSTITUTIONAL DEBT LIMITATION OF THE COUNTY BOARD FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS MUST BE DETERMINED; AND TO PROVIDE FOR THE REALIZATION OF CERTAIN ADMINISTRATIVE COST SAVINGS BY JULY 1, 2000.

ORDERED ENROLLED FOR RATIFICATION

The following Bills 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. 1358 -- Senator Thomas: A BILL TO AMEND SECTION 27-18-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO CHANGE THE ADMINISTRATOR OF THE ACT FROM THE DEPARTMENT OF REVENUE AND TAXATION TO THE STATE TREASURER.

S. 1071 -- Senators Leventis, Fair, Thomas, Martin and Hayes: A BILL TO AMEND SECTION 59-29-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED COURSES IN PHYSICAL EDUCATION IN THE PUBLIC SCHOOLS OF THE STATE, SO AS TO ESTABLISH A PROCEDURE WHEREBY CERTAIN STUDENTS MAY BE EXEMPTED FROM THOSE REQUIREMENTS BY THE LOCAL SCHOOL BOARD OF TRUSTEES.

RETURNED TO THE SENATE WITH AMENDMENTS

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

S. 1197 -- Senators Drummond and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-845 SO AS TO REQUIRE NONRESIDENTS OWNING OR OPERATING SHAD NETS IN THE SAVANNAH RIVER TO BE LICENSED AND TO PROVIDE PENALTIES; TO AMEND CHAPTER 9, TITLE 50, AS AMENDED, RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES, SO AS TO REVISE CURRENT LAW TO PROVIDE FOR A UNIFORM SYSTEM OF LICENSING FOR FRESHWATER FISHERIES AND WILDLIFE, TO PROVIDE FOR HUNTER EDUCATION PROGRAMS, AND TO PROVIDE FOR THE DISBURSAL OF REVENUE FROM LICENSES AND PERMITS; TO AMEND SECTION 50-11-2200, AS AMENDED, RELATING TO THE PROHIBITION ON HUNTING DEER ON WILDLIFE MANAGEMENT AREA LANDS, SO AS TO PROVIDE FOR A WILDLIFE MANAGEMENT AREA PROGRAM; TO AMEND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM MARINE RECREATIONAL FISHING STAMP REQUIREMENTS, SO AS TO REVISE THE EXEMPTIONS; AND TO REPEAL SECTION 50-1-150 RELATING TO THE DISPOSITION OF HUNTING AND FISHING FINES, FORFEITURES, AND FEES, SECTION 50-1-170 RELATING TO THE DISPOSITION OF FINES COLLECTED IN BEAUFORT COUNTY FOR VIOLATIONS OF FISH AND GAME LAWS, SECTION 50-1-230 RELATING TO THE USE OF FUNDS COLLECTED IN THE SANTEE COOPER AREA, SECTION 50-11-2240 RELATING TO HUNTING DEER IN GAME MANAGEMENT AREAS IN GAME ZONE FIVE, AND SECTION 50-13-1140 RELATING TO THE AUTHORIZATION TO FISH FOR NONGAME FISH UNDER CERTAIN CIRCUMSTANCES.

S. 1162 -- Senator Martin: A BILL TO AMEND SECTION 56-3-2320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE USE OF DEALER LICENSE PLATES, SO AS TO PROVIDE THAT A DEALER LICENSE PLATE IS ALLOWED ON A MOTOR VEHICLE WHICH THE DEALER LENDS TO ECONOMIC DEVELOPMENT PERSONNEL PURSUANT TO AN AGREEMENT WITH THE COUNTY BY WHICH SUCH PERSONNEL IS EMPLOYED.

SENT TO THE SENATE

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

H. 4112 -- Reps. Hutson, Chamblee, Limehouse, Stoddard, Wright, Seithel, Cromer, Thomas, Quinn, Witherspoon, Stille, Shissias, Wofford, Hallman, Riser, Harrell, Cato, Haskins, Fulmer, Dantzler, Vaughn, Fleming, Knotts, H. Brown and J. Harris: A BILL TO AMEND SECTION 56-5-1350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TABULATION, ANALYSIS, AND PUBLICATION OF STATISTICAL INFORMATION REGARDING ACCIDENT REPORTS, SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO COMPILE THIS INFORMATION FOR EACH ONE HUNDRED METER STRETCH OF HIGHWAY WHERE TWO OR MORE TRAFFIC ACCIDENTS HAVE OCCURRED, AND TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO USE THIS INFORMATION TO DEVELOP, IMPLEMENT, AND SUBMIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY AN ANNUAL PLAN TO IMPROVE SAFETY CONDITIONS ALONG THESE SEGMENTS OF HIGHWAY.

H. 5014--POINT OF ORDER

The following Joint Resolution was taken up.

H. 5014 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL DISTRICT ORGANIZATIONAL PLANS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1932, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. DAVENPORT made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

ORDERED TO THIRD READING

The following Joint Resolutions were taken up, read the second time, and ordered to a third reading:

H. 5015 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL YEAR (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1933, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. JASKWHICH explained the Joint Resolution.

H. 5017 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EMERGENCY CLOSINGS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1936, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. JASKWHICH explained the Joint Resolution.

H. 5018 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEACHER INCENTIVE PROGRAM (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1942, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. JASKWHICH explained the Joint Resolution.

H. 5019 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO NONPROFESSIONAL PERSONNEL HEALTH EXAMINATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1951, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. JASKWHICH explained the Joint Resolution.

H. 5020 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PARAPROFESSIONAL PERSONNEL HEALTH EXAMINATIONS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1954, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. JASKWHICH explained the Joint Resolution.

H. 5022 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ENTRANCE AGE (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1973, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. JASKWHICH explained the Joint Resolution.

H. 5023 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL CENSUS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1980, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. JASKWHICH explained the Joint Resolution.

H. 5024 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO POLICY DEVELOPMENT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1981, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. JASKWHICH explained the Joint Resolution.

H. 5016--POINT OF ORDER

The following Joint Resolution was taken up.

H. 5016 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL DAY (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1935, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. JASKWHICH explained the Joint Resolution.

POINT OF ORDER

Rep. SCOTT made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 5021--POINT OF ORDER

The following Joint Resolution was taken up.

H. 5021 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REPORT CARDS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1970, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. JASKWHICH explained the Joint Resolution.

POINT OF ORDER

Rep. LOFTIS made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 913--DEBATE ADJOURNED

Rep. HARRELL moved to adjourn debate upon the following Bill until Tuesday, May 21, which was adopted.

S. 913 -- Senators Passailaigue, Ford, McConnell, Reese, Washington and Rose: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.

OBJECTION TO RECALL

Rep. SHEHEEN asked unanimous consent to recall S. 1309 from the Committee on Ways and Means.

Rep. KNOTTS objected.

OBJECTION TO RECALL

Rep. SCOTT asked unanimous consent to recall S. 604 from the Committee on Labor, Commerce and Industry.

Rep. CATO objected.

OBJECTION TO RECALL

Rep. LITTLEJOHN asked unanimous consent to recall S. 1032 from the Committee on Ways and Means.

Rep. H. BROWN objected.

OBJECTION TO RECALL

Rep. MEACHAM asked unanimous consent to recall H. 4593 from the Committee on Labor, Commerce and Industry.

Rep. SCOTT objected.

OBJECTION TO RECALL

Rep. SHARPE asked unanimous consent to recall S. 760 from the Committee on Medical, Military, Public and Municipal Affairs.

Rep. MOODY-LAWRENCE objected.

OBJECTION TO RECALL

Rep. HOWARD asked unanimous consent to recall S. 947 from the Committee on Education and Public Works.

Rep. SIMRILL objected.

OBJECTION TO RECALL

Rep. PHILLIPS asked unanimous consent to recall H. 4381 from the Committee on Labor, Commerce and Industry.

Rep. CATO objected.

OBJECTION TO RECALL

Rep. TOWNSEND asked unanimous consent to recall S. 1219 from the Committee on Education and Public Works.

Rep. LOFTIS objected.

H. 3170--DEBATE ADJOURNED

Rep. HASKINS moved to adjourn debate upon the Senate amendments to the following Joint Resolution until Thursday, May 16, which was adopted.

H. 3170 -- Reps. Govan, Simrill, Inabinett, Lloyd and Hines: A JOINT RESOLUTION TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO INCUR A LIMITED AMOUNT OF DEBT FOR A PERIOD NOT TO EXCEED EIGHT MONTHS FOR THE STATE HOUSE RENOVATION PROJECT AND TO REQUIRE THAT THE DEBT BE RETIRED FROM APPROPRIATIONS AUTHORIZED FOR THE STATE HOUSE RENOVATION PROJECT IN FISCAL YEAR 1996-97.

H. 3915--DEBATE ADJOURNED

Rep. FELDER moved to adjourn debate upon the Senate amendments to the following Bill until Thursday, May 16, which was adopted.

H. 3915 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 59-103-90 RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA.

H. 3055--SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration:

H. 3055 -- Reps. Kirsh, Simrill, Allison, Baxley, Lloyd and S. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-120 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF A SCHOOL DISTRICT TO GRANT FOREIGN LANGUAGE CREDIT FOR A COURSE IN AMERICAN SIGN LANGUAGE.

Rep. JASKWHICH explained the Senate amendments.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 4663--SENATE AMENDMENTS AMENDED AND
RETURNED TO THE SENATE

The Senate amendments to the following Bill were taken up for consideration.

H. 4663 -- Rep. Tucker: A BILL TO AMEND SECTION 18-1-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRANTING OF BAIL FOR A DEFENDANT APPEALING A CONVICTION, SO AS TO MAKE THE GRANTING OF BAIL DISCRETIONARY FOR DEFENDANTS CONVICTED OF CERTAIN OFFENSES.

Rep. TUCKER proposed the following Amendment No. 1A (Doc Name P:\amend\DKA\3773CM.96), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION     1.     Section 18-1-90 of the 1976 Code is amended to read:

"Section 18-1-90.     Bail shall may be allowed to the defendant in all cases in which the appeal is from the trial, conviction, or sentence for a criminal offense.; except that no However, bail shall be is not allowed when the defendant shall have has been sentenced to death, life imprisonment, or for a term exceeding imprisonment for more than ten years."

SECTION     2.     This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. TUCKER explained the amendment.

The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

H. 3710--SENATE AMENDMENTS
CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration.

H. 3710 -- Reps. Keyserling, Richardson, Seithel, L. Whipper, Whatley and Jaskwhich: 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 EXTEND THE EXEMPTION ALLOWED MANUFACTURING MACHINERY TO MACHINERY USED FOR RECYCLING AND TO DEFINE "RECYCLING".

Rep. HARRELL explained the Senate amendments.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 3373--SENATE AMENDMENTS
CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration.

H. 3373 -- Reps. Seithel, Trotter, Wilder, Clyburn, Tripp, G. Brown, Hallman, Townsend, Bailey, Rice, Littlejohn, Herdklotz, Meacham, Jaskwhich, Elliott, Allison, Vaughn, Fulmer, McCraw, Whatley, Limehouse, Simrill, Shissias, Easterday, Breeland, L. Whipper, Harrell, Phillips, Haskins, Cato, A. Young, Stoddard, S. Whipper, Neilson, Sandifer, Davenport, Hines, Moody-Lawrence, Dantzler, Fleming, Lloyd, J. Brown, Limbaugh, Cain, Hodges, Boan, McKay, Walker, Beatty, Rhoad, Hutson, Spearman, Thomas, Cave, J. Young, T. Brown, Stille, Martin and Klauber: A BILL TO AMEND SECTION 47-1-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINES PERTAINING TO CRUELTY TO ANIMALS, SO AS TO PROVIDE FOR DISTRIBUTION OF THE FINES TO ALL ANIMAL HUMANE SOCIETIES.

Rep. SHARPE explained the Senate amendments.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 4694--SENATE AMENDMENTS
CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration.

H. 4694 -- Reps. Harrison, Wofford, Stuart, Hodges, Neal, Cave, Govan, Baxley, Knotts, Meacham, Bailey, Delleney, Shissias, Klauber, Simrill, Thomas, Clyburn, Wright, Fulmer, Jennings, Martin, J. Harris, Kinon, J. Young, Boan, Limbaugh, McCraw, Young-Brickell, T. Brown, Scott, Tucker, White, D. Smith and Phillips: A BILL TO AMEND SECTION 58-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TELEPHONE COMPANIES AND DEFINITIONS, SO AS TO ADD PROVISIONS DEFINING "BASIC LOCAL EXCHANGE TELEPHONE SERVICE", "CARRIER OF LAST RESORT", "INCUMBENT LOCAL EXCHANGE CARRIER" OR "INCUMBENT LEC", "LOCAL EXCHANGE CARRIER" OR "LEC", "NEW ENTRANT LOCAL EXCHANGE CARRIER" OR "NEW ENTRANT LEC", "SMALL LOCAL EXCHANGE CARRIER" OR "SMALL LEC", "TELECOMMUNICATIONS SERVICES", AND "UNIVERSAL SERVICE"; TO AMEND SECTION 58-9-280, RELATING TO TELEPHONE COMPANIES AND THE REQUIREMENT THAT A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY MUST BE OBTAINED BEFORE CONSTRUCTION, OPERATION, OR EXTENSION OF A PLANT OR SYSTEM, SO AS TO ADD PROVISIONS WHICH PROVIDE, AMONG OTHER THINGS, THAT AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, THE PUBLIC SERVICE COMMISSION MAY GRANT A CERTIFICATE TO OPERATE AS A TELEPHONE UTILITY TO APPLICANTS PROPOSING TO FURNISH LOCAL TELEPHONE SERVICE IN THE SERVICE TERRITORY OF AN "INCUMBENT LEC", SUBJECT TO CERTAIN CONDITIONS AND EXEMPTIONS, AND TO PROVIDE FOR RELATED MATTERS; TO AMEND THE 1976 CODE BY ADDING SECTION 58-9-576 SO AS TO PROVIDE THAT AN "INCUMBENT LEC" MAY ELECT TO HAVE RATES, TERMS, AND CONDITIONS PURSUANT TO THE PLAN DESCRIBED IN THIS SECTION, AND TO PROVIDE FOR RELATED MATTERS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 58-9-577 SO AS TO PROVIDE THAT, NOTWITHSTANDING SECTIONS 58-9-575 AND 58-9-576, A "SMALL LEC" MAY ELECT TO HAVE THE RATES, TERMS, AND CONDITIONS OF ITS SERVICES DETERMINED PURSUANT TO ALTERNATIVE FORMS OF REGULATION, WHICH MAY DIFFER AMONG COMPANIES AND MAY INCLUDE, BUT NOT BE LIMITED TO, PRICE REGULATION, RATHER THAN RATE OF RETURN OR OTHER FORMS OF EARNING REGULATION, AND TO PROVIDE FOR RELATED MATTERS.

Rep. CATO explained the Senate amendments.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

S. 67--POINT OF ORDER

The following Bill was taken up.

S. 67 -- Senators McConnell, Rose, Reese and Courson: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 57 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE MARINE CORPS LEAGUE.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 378--POINT OF ORDER

The following Bill was taken up.

S. 378 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 60 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE SPECIAL LICENSE PLATES FOR MEMBERS OF THE SHRINERS.

POINT OF ORDER

Rep. SIMRILL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 3566--DEBATE ADJOURNED

Rep. TUCKER moved to adjourn debate upon the Senate amendments to the following Bill until Tuesday, May 21, which was adopted.

H. 3566 -- Reps. Harrison, Cobb-Hunter, Shissias, Quinn, Govan, Martin, Wright, Thomas, Kinon, Haskins, Allison, Neal and Limbaugh: A BILL TO AMEND TITLE 20, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 30 SO AS TO ENACT THE JUVENILE JUSTICE CODE BY CONSOLIDATING INTO ONE ARTICLE ALL PROVISIONS OF LAW IN VARIOUS PARTS OF TITLE 20, CHAPTER 7, RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE AND RELATING TO DELINQUENCY PROCEEDINGS AND PROCEDURES; TO REPEAL SECTIONS 20-7-330, 20-7-340, 20-7-350, 20-7-360, 20-7-370, 20-7-380, 20-7-390, 20-7-430, 20-7-600, 20-7-605, 20-7-620, 20-7-630, 20-7-740, 20-7-770, 20-7-780, 20-7-1330, 20-7-2080, 20-7-2095, 20-7-2105, 20-7-2115, 20-7-2125, 20-7-2135, 20-7-2145, 20-7-2155, 20-7-2170, 20-7-2175, 20-7-2180, 20-7-2185, 20-7-2190, 20-7-2195, 20-7-2200, 20-7-2203, 20-7-2205, 20-7-2210, 20-7-3100, 20-7-3110, 20-7-3120, 20-7-3130, 20-7-3170, 20-7-3180, 20-7-3190, 20-7-3200, 20-7-3210, 20-7-3220, 20-7-3230, 20-7-3235, 20-7-3240, 20-7-3260, 20-7-3270, 20-7-3280, 20-7-3290, 20-7-3300, 20-7-3310, 20-7-3320, 20-7-3330, 20-7-3340, 20-7-3350, 20-7-3360, 20-7-3370, 20-7-3380, AND 20-7-4000, ALL RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE AND DELINQUENCY PROCEEDINGS AND PROCEDURES IN TITLE 20, CHAPTER 7 WHICH ARE CONSOLIDATED INTO ARTICLE 30 AS PROVIDED ABOVE.

H. 4865--SENATE AMENDMENTS
CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration.

H. 4865 -- Reps. Law, Cato, Bailey, Wofford, H. Brown, Dantzler, Young-Brickell and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-1095 SO AS TO PROVIDE THAT A PRIVATE INSURER LICENSED TO UNDERWRITE "ESSENTIAL PROPERTY INSURANCE" MAY FILE AND USE CERTAIN RATES FOR THE COVERAGES DETAILED IN SECTION 38-75-310(1) AND THE PROCESS FOR FILING AND HAVING THE RATES APPROVED; AND BY ADDING SECTION 38-75-386 SO AS TO PROVIDE THAT LIABILITY OR A CAUSE OF ACTION MAY NOT ARISE AGAINST CERTAIN PERSONS FOR CERTAIN STATEMENTS MADE TO OR INFORMATION PROVIDED TO AN INSURER TO FACILITATE THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE OR TO FACILITATE COMPETITION FOR THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE.

Rep. CATO explained the Senate amendments.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 4409--SENATE AMENDMENTS
CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration.

H. 4409 -- Reps. Cotty, Harrison, Sheheen, Huff, Fleming, Hodges, Jennings and Limbaugh: A BILL TO AMEND SECTION 62-2-804, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROBATE CODE, INTESTATE SUCCESSION AND WILLS, AND THE EFFECT OF A PROVISION FOR SURVIVORSHIP ON SUCCESSION TO JOINT TENANCY, SO AS TO PROVIDE FURTHER FOR THE TYPE OF INSTRUMENT WHICH PRECLUDES THE SEVERANCE OF A JOINT TENANCY UPON THE DEATH OF A JOINT TENANT.

Rep. KLAUBER explained the Senate amendments.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 4976--SENATE AMENDMENTS
CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration.

H. 4976 -- Reps. Rhoad and Cave: A BILL TO AMEND SECTION 16-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARSON, SO AS TO PROVIDE A SEPARATE PENALTY FOR ARSON OF A BUILDING OF WORSHIP.

Rep. RHOAD explained the Senate amendments.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 4961--AMENDED, ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 4961 -- Reps. Keyserling, Richardson, White, Inabinett, McTeer and Lloyd: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF HIGHWAY 17 IN BEAUFORT AND COLLETON COUNTIES THE "W. BRANTLEY HARVEY HIGHWAY" FOR THE LATE SENATOR WILLIAM BRANTLEY HARVEY AND FURTHER REQUESTING THE DEPARTMENT TO INSTALL APPROPRIATE MARKERS OR SIGNS.

Whereas, William Brantley Harvey was born in Hampton, served in the navy in World War I, and graduated from the University of South Carolina with honors in 1923, receiving B.S. and LL.B degrees simultaneously; and

Whereas, he practiced law in Beaufort until shortly before his death in 1981; he served in the South Carolina House of Representatives from 1924-28 and was State Senator from Beaufort from 1928-52; and

Whereas, Senator Harvey was chairman of the Senate Judiciary Committee, the Education Committee, and the Fish and Game Committee; he was also president of the Beaufort County Bar, and in 1952, he was president of the South Carolina Bar; he rendered public and community service in countless other ways and was known for his devotion to his family and for his humanitarian qualities; and

Whereas, the General Assembly considers it highly appropriate and fitting that the portion of Highway 17 extending from Gardens Corner in Beaufort County to Jacksonboro in Colleton County be designated and named the "W. Brantley Harvey Highway" in tribute to this greatly distinguished South Carolinian and public servant, William Brantley Harvey so that his numberless acts of service and humanitarianism may be recognized and commemorated. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, requests the Department of Transportation to designate and name the above described portion of Highway 17 in Beaufort and Colleton counties the "W. Brantley Harvey Highway" for the late Senator William Brantley Harvey and to install appropriate markers or signs reflecting such designation.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Transportation.

The Invitations Committee proposed the following Amendment No. 1 (Doc Name P:\amend\DKA\3758CM.96), which was adopted.

Amend the concurrent resolution, as and if amended, by deleting beginning on page 1, lines 20 through 42 and on page 2, lines 1 through 4 and inserting:

/Whereas, William Brantley Harvey, Sr., was born in/

Amend further, page 2, by striking the last Whereas before the resolving words and inserting:

/Whereas, the General Assembly considers it highly appropriate and fitting that the portion of Highway 17 extending from Gardens Corner in Beaufort County to Jacksonboro in Colleton County be designated and named the "W. Brantley Harvey, Sr. Highway" in tribute to this greatly distinguished South Carolinian and public servant, William Brantley Harvey, Sr., so that his numberless acts of service and humanitarianism may be recognized and commemorated. Now, therefore,/

Amend further by striking all after the resolving words and inserting:

/That the General Assembly of the State of South Carolina, by this resolution, requests the Department of Transportation to designate and name the above described portion of Highway 17 in Beaufort and Colleton counties the "W. Brantley Harvey, Sr. Highway" for the late Senator William Brantley Harvey, Sr., and to install appropriate markers or signs reflecting such designation.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Transportation./

Amend further by striking the title and inserting:

/REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF HIGHWAY 17 IN BEAUFORT AND COLLETON COUNTIES THE "W. BRANTLEY HARVEY, SR. HIGHWAY" FOR THE LATE SENATOR WILLIAM BRANTLEY HARVEY, SR., AND FURTHER REQUESTING THE DEPARTMENT TO INSTALL APPROPRIATE MARKERS OR SIGNS./

When amended the concurrent resolution reads:

/REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF HIGHWAY 17 IN BEAUFORT AND COLLETON COUNTIES THE "W. BRANTLEY HARVEY, SR. HIGHWAY" FOR THE LATE SENATOR WILLIAM BRANTLEY HARVEY, SR., AND FURTHER REQUESTING THE DEPARTMENT TO INSTALL APPROPRIATE MARKERS OR SIGNS.

Whereas, William Brantley Harvey, Sr., was born in Hampton, served in the navy in World War I, and graduated from the University of South Carolina with honors in 1923, receiving B.S. and LL.B degrees simultaneously; and

Whereas, he practiced law in Beaufort until shortly before his death in 1981; he served in the South Carolina House of Representatives from 1924-28 and was State Senator from Beaufort from 1928-52; and

Whereas, Senator Harvey was chairman of the Senate Judiciary Committee, the Education Committee, and the Fish and Game Committee; he was also president of the Beaufort County Bar, and in 1952, he was president of the South Carolina Bar; he rendered public and community service in countless other ways and was known for his devotion to his family and for his humanitarian qualities; and

Whereas, the General Assembly considers it highly appropriate and fitting that the portion of Highway 17 extending from Gardens Corner in Beaufort County to Jacksonboro in Colleton County be designated and named the "W. Brantley Harvey, Sr. Highway" in tribute to this greatly distinguished South Carolinian and public servant, William Brantley Harvey, Sr., so that his numberless acts of service and humanitarianism may be recognized and commemorated. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, requests the Department of Transportation to designate and name the above described portion of Highway 17 in Beaufort and Colleton counties the "W. Brantley Harvey, Sr. Highway" for the late Senator William Brantley Harvey, Sr., and to install appropriate markers or signs reflecting such designation.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Transportation./

Amend title to conform.

Rep. QUINN explained the amendment.

The amendment was then adopted.

Rep. KEYSERLING proposed the following Amendment No. 2 (Doc Name P:\amend\DKA\3776JM.96), which was adopted.

Amend the Report of the Committee on Invitations and Memorial Resolutions, as and if amended, page [4961-1], by striking on:

line 24 /, Sr.,/;

line 30 /, Sr./;

line 32 /Sr.,/

line 40 /, Sr./

line 41 /, Sr.,/ and page [4961-2], by striking on:

line 7 /, SR./

line 8 /SR.,/

line 15 /, SR./

line 16 /SR.,/

line 19 /, Sr.,/

line 35 /, Sr./

line 37 /Sr.,/ and page [4961-3], by striking on:

line 2 /, Sr./ and

line 3 /, Sr.,/

Amend title to conform.

Rep. KEYSERLING explained the amendment.

The amendment was then adopted.

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

RECURRENCE TO THE MORNING HOUR

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5030 -- Rep. Meacham: A CONCURRENT RESOLUTION CONGRATULATING FORT MILL HIGH SCHOOL OF YORK COUNTY ON WINNING THE CLASS AAA BOYS TENNIS STATE CHAMPIONSHIP FOR 1996.

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

SPEAKER PRO TEMPORE IN CHAIR
S. 1375--INTERRUPTED DEBATE

The following Bill was taken up.

S. 1375 -- Senator Matthews: A BILL TO PROVIDE THAT ORANGEBURG COUNTY ON JULY 1, 1997, SHALL CONSIST OF THREE CONSOLIDATED SCHOOL DISTRICTS, EACH TO BE COMPOSED OF CERTAIN OF THE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY WITH THESE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY BEING ABOLISHED ON JULY 1, 1997; TO PROVIDE THAT EACH CONSOLIDATED SCHOOL DISTRICT SHALL BE GOVERNED BY A BOARD OF TRUSTEES WHO SHALL BE ELECTED IN NONPARTISAN ELECTIONS ON SPECIFIED DATES; TO PROVIDE FOR THE COMPOSITION AND MANNER OF ELECTION OF EACH CONSOLIDATED BOARD; TO ESTABLISH AN ORANGEBURG COUNTY BOARD OF EDUCATION ON JULY 1, 1997, TO BE COMPOSED OF SEVEN MEMBERS ELECTED IN NONPARTISAN ELECTIONS IN THE MANNER SPECIFIED; TO PROVIDE FOR THE POWERS AND DUTIES OF THE COUNTY BOARD AND THE CONSOLIDATED BOARDS; TO PROVIDE FOR THE MANNER IN WHICH SCHOOL BUDGETS MUST BE PREPARED AND SCHOOL TAX MILLAGE DETERMINED AND LEVIED; TO AUTHORIZE FINANCIAL INCENTIVES FOR SCHOOL YEAR 1997-98 ONLY TO ENCOURAGE THE RETIREMENT OF SCHOOL DISTRICT PERSONNEL CURRENTLY WORKING BEYOND RETIREMENT AGE; TO PROVIDE FOR THE TRANSFER OF THE ASSETS, LIABILITIES, AND BONDED INDEBTEDNESS OF THE EIGHT PRESENT SCHOOL DISTRICTS TO THE COUNTY BOARD WITH CERTAIN EXCEPTIONS; TO PROVIDE FOR THE MANNER IN WHICH THE CONSTITUTIONAL DEBT LIMITATION OF THE COUNTY BOARD FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS MUST BE DETERMINED; AND TO PROVIDE FOR THE REALIZATION OF CERTAIN ADMINISTRATIVE COST SAVINGS BY JULY 1, 2000.

Reps. FELDER and COBB-HUNTER proposed the following Amendment No. 1 (Doc Name P:\amend\BBM\10557SD.96).

Amend the bill, as and if amended, by striking subsection (A) of SECTION 2 and inserting:

/(A)     Each consolidated school district shall be governed by a board of trustees of seven members who must be elected in nonpartisan elections to be held beginning in 1997 in the manner hereinafter provided. Each member of the board must be a resident of and elected from single-member election districts provided in this act. The members of each board shall elect a chairman and such other officers as they deem necessary to serve for terms of one year in these capacities. The 1997 nonpartisan election shall be held on the third Tuesday in January, 1997. After the 1997 election, members of each board shall thereafter be elected at nonpartisan elections to be conducted on the first Tuesday after the first Monday of November every two or four years thereafter as applicable beginning in 1999. Members of each board shall be elected for four-year terms and until their successors are elected and qualify, except that of the seven members of each board elected in 1997, the members elected from election districts one, three, five, and seven shall serve for initial terms to expire in November, 2001, when their successors elected at the 2001 election qualify and take office, and the members elected from election districts two, four, and six shall serve for initial terms to expire in November, 1999, when their successors elected at the 1999 election qualify and take office. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within one hundred eighty days of a regular trustee election. In this case, the vacancy must be filled for the unexpired term through appointment by the county legislative delegation. All members of each board shall serve until their successors are elected and qualify.

Each member of the board must be elected by the qualified electors of the single-member district from which he seeks election. All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission on forms furnished by the commission. This notice of candidacy must be a sworn statement and must include the candidate's name, age, election district from which he resides and seeks election, voting precinct, period of residence in the county and election district, and other information as the county election commission requires. The filing period opens on the first day of November, 1996, at noon to run for two weeks for the 1997 election to expire at noon of the last day of the filing period and thereafter is as provided in Section 7-13-352 of the 1976 Code. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code.

The county commissioners of election shall conduct and supervise the elections for members of each board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commission shall publish notices of the elections in the same manner provided in Section 7-13-35 of the 1976 Code. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code.

The members of each board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code./

Amend further, as and if amended, by striking subsection (A) of SECTION 3 and inserting:

/(A)     There is also established an Orangeburg County Board of Education on July 1, 1997. The county board of education shall consist of seven members elected in nonpartisan elections beginning in 1997 from the same seven single-member election districts as are members of the governing body of the county. The 1997 nonpartisan election shall be held on the third Tuesday in January, 1997. After the 1997 election, members of the board shall thereafter be elected at nonpartisan elections to be conducted on the first Tuesday after the first Monday in November every two or four years thereafter as applicable beginning in 1999. Members of the board shall be elected for four-year terms and until their successors are elected and qualify, except that of the seven members elected in 1997, the four members elected with the largest number of votes shall serve for initial terms to expire in November, 2001, when their successors elected at the 2001 election qualify and take office, and the three members elected with the fewest number of votes shall serve for initial terms to expire in November, 1999, when their successors elected at the 1999 election qualify and take office. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within one hundred eighty days of a regular trustee election. In this case, the vacancy must be filled for the unexpired term through appointment by the county legislative delegation. All members of the county board shall serve until their successors are elected and quality.

Each member of the board must be elected by the qualified electors of the single-member district from which he seeks election. All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission on forms furnished by the commission. This notice of candidacy must be a sworn statement and must include the candidate's name, age, election district from which he resides and seeks election, voting precinct, period of residence in the county and election district, and other information as the county election commission requires. The filing period opens on the first day of November, 1996, at noon to run for two weeks for the 1997 election to expire at noon of the last day of the filing period and thereafter is as provided in Section 7-13-352 of the 1976 Code.

The county commissioners of election shall conduct and supervise the elections for members of the county board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commission shall publish notices of the elections in the same manner provided in Section 7-13-35 of the 1976 Code. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code.

The members of the board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code./

Amend further, as and if amended, by striking the first sentence of subsection (D) of Section 4, which begins on line 38 of page 31, and inserting:

/The County Board of Education, in conjunction with the boards of the three consolidated school districts, shall develop a formula which will provide for the equalization of the per pupil funding for each of the three consolidated school districts and which must be presented to the county legislative delegation within three years of the effective date of this act./

Renumber sections to conform.

Amend totals and title to conform.

Rep. COBB-HUNTER explained the amendment.

Rep. GOVAN moved to adjourn debate upon the Bill.

Rep. COBB-HUNTER moved to table the motion, which was agreed to by a division vote of 3 to 2.

Rep. STUART spoke upon the amendment.

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

Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 1.

ADJOURNMENT

At 12:30 P.M. the House in accordance with the motion of Rep. STUART adjourned to meet at 10:00 A.M. tomorrow.

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