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

WEDNESDAY, MAY 22, 1996

Wednesday, May 22, 1996
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

O God, Whose blessings are new every day, we are grateful for colleagues and friends who help us on life's way and who, in a small way, we may help. Thank You for those who have given us guidance, counsel and a good example. We praise You for our moments of success which inspire greater endeavors, and even for times of failure which keep us humble and make us remember how much we need God's help. Help us, we pray, to grow stronger, wiser and more charitable. Give us Your aid to shed old faults and to gain new virtues.

Bless with Your abundant loving presence our colleague, Bob Sheheen and others there in the death of Bob's mother; and in a similar way all others in the loss of family members and friends. May all alike feel the comfort of a certain hope in the joyful expectation of eternal life with those they love.

To a holy and all-wise God we make this our morning prayer.

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.

MOTION ADOPTED

Rep. MARCHBANKS moved that when the House adjourns, it adjourn in memory of Lucile Roukos Sheheen, mother of Rep. SHEHEEN of Camden, which was agreed to.

COMMITTEE APPOINTMENT

The following was received.

OFFICE OF THE SPEAKER
SOUTH CAROLINA HOUSE OF REPRESENTATIVES

May 22, 1996
The Honorable Bobby Harrell
South Carolina House of Representatives
Columbia, S.C. 29211

Dear Bobby:

It is with pleasure that I appoint you to the House Rules Committee, effective immediately. I know that you will serve this committee with great honor and distinction.

If you have any questions, please do not hesitate to contact me.

Sincerely,
David H. Wilkins

Received as information.

COMMITTEE APPOINTMENT

The following was received.

OFFICE OF THE SPEAKER
SOUTH CAROLINA HOUSE OF REPRESENTATIVES

May 22, 1996
The Honorable E. Dewitt McCraw
South Carolina House of Representatives
Columbia, S.C. 29211

Dear Dewitt:

It is with pleasure that I appoint you to the House Judiciary Committee, effective immediately. I know that you will serve this committee with great honor and distinction.

If you have any questions, please do not hesitate to contact me.

Sincerely,
David H. Wilkins

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 22, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1162:
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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

H. 4425--SENATE AMENDMENTS CONCURRED IN
AND JOINT RESOLUTION ENROLLED

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

H. 4425 -- Ways and Means Committee: A JOINT RESOLUTION MAKING APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.

Rep. H. BROWN explained the Senate amendments.

The Senate amendments were agreed to, and the Joint Resolution, 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.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1425 -- Senators Matthews and Hutto: A CONCURRENT RESOLUTION TO RECOGNIZE DR. KAILASH MATHUR FOR HIS DISTINGUISHED ACCOMPLISHMENTS AND CONTRIBUTIONS TO THE ORANGEBURG COMMUNITY, THE STATE, AND THE NATION.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5051 -- Reps. Scott, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, 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, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE LUCILLE SIMMONS WHIPPER OF CHARLESTON COUNTY, OUR RESPECTED COLLEAGUE AND FRIEND, FOR HER ELEVEN YEARS OF OUTSTANDING LEGISLATIVE SERVICE TO THE PEOPLE OF SOUTH CAROLINA AND EXTENDING BEST WISHES IN ALL OF HER FUTURE ENDEAVORS ON THE OCCASION OF HER RETIREMENT.

Whereas, our esteemed colleague and friend, the Honorable Lucille Simmons Whipper, has been a member of the House of Representatives since 1986 representing District Number 109 in Charleston County; and

Whereas, Representative Whipper, a retired college administrator, was born in Charleston, South Carolina, earned an A.B. degree from Talladega College in Talladega, Alabama in 1948, and a master's degree from the University of Chicago in 1955; and

Whereas, Representative Whipper is married to Benjamin J. Whipper and has six children, the Reverend B.J. Whipper, Jr., Ogretta W. Hawkins, Rosmond W. Black, J. Seth Whipper, Cheryl D. Hamilton, and D'Jaris Whipper-Lewis; and

Whereas, among other outstanding achievements, Representative Whipper was on the South Carolina Delegation, International Women's Year in 1977, the Mayor's Committee on Human Relations in 1971, and the Executive Board of the South Carolina Baptist Women's Convention; and

Whereas, during her distinguished career in the House of Representatives, Representative Whipper has served as Chairman of the Subcommittee on Social Services, Mental Health, Labor, Commerce and Industry Committee, as Chairman of the Subcommittee on Banking and Consumer Affairs, 2nd Vice Chairman of the Rules Committee, and the Joint Legislative Committee on Energy; and

Whereas, she is well respected in the General Assembly, where she is known for her dedication, commitment, and loyalty; and

Whereas, she has been a passionate, persuasive, and effective advocate for many worthy causes; and

Whereas, Representative Whipper has served her district and the State with distinction and has had many leadership roles in the community where she is highly respected and admired. Now, therefore,

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

That the members of the General Assembly commend the Honorable Lucille Simmons Whipper of Charleston County, our respected colleague and friend, for her eleven years of outstanding legislative service to the people of South Carolina and extend best wishes in all of her future endeavors on the occasion of her retirement.

Be it further resolved that a copy of this resolution be forwarded to the Honorable Lucille Simmons Whipper.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5052 -- Reps. Scott, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, 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, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE DEEP REGRET OF THE GENERAL ASSEMBLY UPON LEARNING THAT THE HONORABLE TIMOTHY FOLK ROGERS WILL NOT SEEK RE-ELECTION TO THE HOUSE OF REPRESENTATIVES AND THANKING HIM FOR HIS OUTSTANDING LEGISLATIVE SERVICE TO THE PEOPLE OF SOUTH CAROLINA.

Whereas, our dear friend and colleague, the Honorable Timothy Folk Rogers, has been a member of the House of Representatives representing District Number 72 in Richland County since 1983; and

Whereas, Tim was born October 3, 1947, in Orangeburg, South Carolina to Wallace W. Rogers and Frances (Folk) Welch; and

Whereas, he was graduated from Clemson University with a B.A. in 1969, and received his J.D. from the University of South Carolina in 1973; and

Whereas, Tim was president of the Clemson University student body, Assistant Fifth Circuit Solicitor from 1979-83, and served in the South Carolina National Guard for seven years; and

Whereas, he has been a member of the House of Representatives since 1983 and during that time has made significant contributions as House Majority Leader, as a member of the Ways and Means Committee, and the Medical, Military, Public and Municipal Affairs Committee; and

Whereas, his concern for others has long been recognized and applauded and has been consistently reflected in his excellent work in the General Assembly; and

Whereas, while serving in the General Assembly, Tim has been known for his leadership, his tenacity, his diligence, and his desire to make South Carolina a better place in which to live; and

Whereas, by his distinguished service in the House of Representatives he has brought great pride to his family and to the people of Richland County. Now, therefore,

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

That the General Assembly expresses its deep regret upon learning that the Honorable Timothy Folk Rogers will not seek re-election to the House of Representatives and thanks him for his outstanding legislative service to the people of South Carolina.

Be it further resolved that a copy of this resolution be forwarded to the Honorable Timothy Folk Rogers.

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

INTRODUCTION OF BILLS

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

H. 5053 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-32-35 SO AS TO REQUIRE A PARENT UNDER THE AGE OF EIGHTEEN WHO ATTENDS PUBLIC SCHOOL TO ATTEND PARENTING CLASSES; TO AMEND SECTION 59-32-20, RELATING TO COMPREHENSIVE HEALTH EDUCATION INSTRUCTIONAL UNITS PROVIDED TO LOCAL SCHOOL DISTRICTS BY THE STATE BOARD OF EDUCATION, SO AS TO REQUIRE THE BOARD TO PROVIDE INFORMATION ON PARENTING SKILLS TO LOCAL SCHOOL DISTRICTS; AND TO AMEND SECTION 59-32-30, RELATING TO THE IMPLEMENTATION OF COMPREHENSIVE HEALTH EDUCATION PROGRAMS BY LOCAL SCHOOL BOARDS, SO AS TO REQUIRE EACH LOCAL SCHOOL BOARD TO IMPLEMENT A PROGRAM OF INSTRUCTION ON PARENTING FOR A PARENT WHO IS UNDER THE AGE OF EIGHTEEN AND ATTENDS A PUBLIC SCHOOL.

Referred to Committee on Education and Public Works.

H. 5054 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-874 SO AS TO REQUIRE A NONCUSTODIAL PARENT WHO IS UNDER THE AGE OF EIGHTEEN AND IS UNABLE TO FIND EMPLOYMENT TO SUPPORT HIS CHILD FINANCIALLY TO COMPLETE TWENTY HOURS OF COMMUNITY SERVICE A WEEK.

Referred to Committee on Judiciary.

S. 941 -- Senators Wilson, Lander, Leventis and Reese: A BILL TO PROMOTE MAJOR GENERAL T. ESTON MARCHANT TO THE RANK OF LIEUTENANT GENERAL OF THE SOUTH CAROLINA ARMY NATIONAL GUARD EFFECTIVE JANUARY 10, 1995.

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

S. 1416 -- Senator Gregory: 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. HODGES, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

CONCURRENT RESOLUTION

The following was introduced:

H. 5055 -- Reps. Davenport, Mason, J. Hines, Rice, G. Brown, Meacham, Cato, J. Young, Walker, Wofford, McCraw, Klauber, H. Brown, Kelley, Young-Brickell, R. Smith, Dantzler, Hutson, Knotts, Wright, Riser, Cain, Robinson, Littlejohn, Delleney, Allison, Wells, Limbaugh, Richardson, Rhoad, Harvin, Lloyd, Waldrop, Whatley, Sandifer, Easterday, Wilder, Lanford, Loftis, Wilkins, Witherspoon, Koon, Gamble, Boan and Keegan: A CONCURRENT RESOLUTION TO RECOGNIZE THE TRADITIONAL FAMILY UNIT AS THE CORNERSTONE FOR FAMILY LIFE IN SOUTH CAROLINA AND TO RELY UPON THE TRADITIONAL FAMILY UNIT IN SHAPING PUBLIC POLICY IN THE STATE.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5056 -- Reps. Scott, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, 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, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE JUANITA MITCHELL WHITE OF JASPER COUNTY, OUR GOOD FRIEND AND DISTINGUISHED COLLEAGUE, FOR HER SEVENTEEN YEARS OF OUTSTANDING LEGISLATIVE SERVICE TO THE PEOPLE OF SOUTH CAROLINA AND EXTENDING BEST WISHES IN ALL OF HER FUTURE ENDEAVORS ON THE OCCASION OF HER RETIREMENT.

Whereas, our good friend and esteemed colleague, the Honorable Juanita Mitchell White will not be seeking re-election to the General Assembly; and

Whereas, Representative White's retirement will mark the end of seventeen years of dedicated service to the citizens of Beaufort, Jasper, and Hampton Counties; and

Whereas, Representative White has been a distinguished leader during her tenure in the General Assembly serving as chairman of the Medical, Military, Public and Municipal Affairs Committee and as Chairman of the South Carolina Legislative Black Caucus; and

Whereas, Representative White is well known, not only in her local community where she has served in many capacities including the NAACP, People Actively Concerned, South Carolina Rural Water Association, and on the Board of Directors of l00% Vote/Human Services, but also she has extended her dedication and public service to the national level where she has served on the Executive Committee of the National Black Caucus of State Legislatures and on the Advisory Committee for the National Center of Policy Alternatives; and

Whereas, while serving in the General Assembly, Representative White has been an effective legislator utilizing her gentle but persuasive skills as an advocate; and

Whereas, Representative White has long been admired for her tenacity, diligence, concern for others, and her desire to improve the quality of life for all South Carolinians; and

Whereas, the example of public service set by this exceptional woman is a credit not only to herself and her family, but also to her city, county, and State; and

Whereas, Representative White has been a truly valuable member of the General Assembly and her presence will be greatly missed. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, commend the Honorable Juanita Mitchell White of Jasper County, our good friend and distinguished colleague, for her seventeen years of outstanding legislative service to the people of South Carolina and extend best wishes in all of her future endeavors on the occasion of her retirement.

Be it further resolved that a copy of this resolution be forwarded to the Honorable Juanita Mitchell White.

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

ROLL CALL

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

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

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, May 22.

J. Michael Baxley                 Juanita M. White
William F. Cotty                  Alma W. Byrd
June S. Shissias                  Ronald C. Fulmer
C. Alex Harvin III                Michael F. Jaskwhich
Timothy C. Wilkes                 Ralph W. Canty
Joseph T. McElveen, Jr.           Harry M. Hallman, Jr.
Total Present--114

LEAVE OF ABSENCE

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

R. 317; S. 1273--GOVERNOR'S VETO OVERRIDDEN
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

May 6, 1996
Mr. Speaker and Members of the House:

I am hereby returning without my approval S. 1273, R. 317, 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.

This veto is based upon my belief that S. 1273, R. 317 of 1996, is unconstitutional. It is clearly an act for a specific county. Article VIII, Section 7 of the South Carolina Constitution states that "[n]o laws for a specific county shall be enacted." Also, this Bill addresses circumstances which could be dealt with by general legislation. Article III, Section 34 (IX) of the South Carolina Constitution prohibits the adoption of a special law where a "general law can be made applicable".

For the above reasons, I am returning S. 1273, R. 317, without my approval.

Sincerely,
David M. Beasley

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 4; Nays 0

Those who voted in the affirmative are:

Bailey                 Harrell                Hutson
Young-Brickell

Total--4

Those who voted in the negative are:

Total--0

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

S. 876--DEBATE ADJOURNED

Rep. WILDER moved to adjourn debate upon the following Bill, which was adopted.

S. 876 -- Senator Bryan: A BILL TO AMEND ACT 779 OF 1988, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO REVISE THE PROVISIONS FOR SCHOOL DISTRICT 56.

ORDERED TO THIRD READING

The following Bill was taken up, read the second time, and ordered to a third reading:

S. 1362 -- Senator Ryberg: A BILL TO PROHIBIT THE CITY OF AIKEN, BY CONTRACT OR OTHERWISE, FROM REQUIRING PERSONS OUTSIDE THE CITY RECEIVING WATER, SEWER, OR FIRE PROTECTION SERVICES TO REFRAIN FROM OPPOSING ANNEXATION AS A CONDITION OF CONTINUED RECEIPT OF WATER, SEWER, OR FIRE PROTECTION SERVICES, IF THE CITY EXTENDED WATER, SEWER, OR FIRE PROTECTION SERVICES TO THE PERSON PRIOR TO JANUARY 1, 1995, WITHOUT SUCH A REQUIREMENT.

RETURNED TO THE SENATE WITH AMENDMENTS

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

S. 556 -- Senator Russell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE II 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 AND TO PROVIDE THAT A PERSON IS NOT CONSIDERED A QUALIFIED ELECTOR FOR PURPOSES OF HOLDING THE PUBLIC OFFICES REFERRED TO IN SECTION 7 OF ARTICLE III AND SECTION 1 OF ARTICLE VI IF HE HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.

S. 583 -- Senator Russell: A BILL TO AMEND SECTION 7-5-120 AND 7-5-180, BOTH 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; TO AMEND THE 1976 CODE BY ADDING SECTION 7-5-185 SO AS TO PROVIDE THAT A PERSON IS NOT CONSIDERED A QUALIFIED ELECTOR FOR PURPOSES OF HOLDING ANY PUBLIC OFFICE OF THIS STATE OR A POLITICAL SUBDIVISION THEREOF IF HE HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES, AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF THIS AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF THIS STATE PERMITTING THE ABOVE.

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.

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.

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.

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.

S. 82 -- Senators McConnell, Rose and Wilson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY COMMENCING AT VARYING TIMES IN EVEN-NUMBERED YEARS AND ODD-NUMBERED YEARS AND FOR AN ORGANIZATIONAL SESSION FOR THE SENATE IN CERTAIN YEARS, DELETE CERTAIN OBSOLETE LANGUAGE, PROVIDE FOR ELECTION OF OFFICERS OF THE GENERAL ASSEMBLY, PROVIDE FOR CERTAIN MEETINGS FOR THE INTRODUCTION AND REFERRAL TO COMMITTEE OF LEGISLATION, AND PROVIDE FOR CERTAIN COMMITTEE MEETINGS.

S. 943 -- Senators Waldrep, Wilson, Rose, Elliott, Courson, Reese, Lander, Setzler, Leatherman, Mescher and Hayes: A JOINT RESOLUTION TO AMEND SECTION 2-1-180 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING.

ORDERED ENROLLED FOR RATIFICATION

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

S. 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

S. 1260 -- Senators Leventis, McGill, Moore, Richter, McConnell, Gregory, Russell, Jackson, Greg Smith, Passailaigue, Courson, Land and Thomas: A BILL TO AMEND SECTION 47-3-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOGS AND OTHER DOMESTIC ANIMALS, REGULATION BY COUNTIES, AND THE TRANSFER OF A DOMESTIC ANIMAL TO AN ANIMAL SHELTER TEN DAYS AFTER THE DATE THE OWNER WAS TO PICK UP THE ANIMAL, SO AS TO PROVIDE THAT A PERSON WHO FAILS TO PICK UP AN ANIMAL OR WHO ABANDONS ONE AT AN ANIMAL HOSPITAL, A DOG KENNEL, A CAT KENNEL, ANOTHER ANIMAL CARE FACILITY, OR BOARDING FACILITY IS GUILTY OF A MISDEMEANOR, AND TO PROVIDE PENALTIES.

S. 1213--OBJECTIONS

The following Joint Resolution was taken up.

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.

Rep. CROMER explained the Joint Resolution.

Reps. YOUNG-BRICKELL, COOPER, KLAUBER, KNOTTS, FLEMING, SANDIFER, LITTLEJOHN, SCOTT, MARCHBANKS, McMAHAND, NEAL, LLOYD, HUTSON, CROMER, TUCKER and CAIN objected to the Joint Resolution.

S. 1216--OBJECTIONS

The following Bill was taken up.

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.

Reps. YOUNG-BRICKELL, SANDIFER, LAW, KLAUBER, SCOTT, NEAL, CROMER, LLOYD and TROTTER objected to the Bill.

S. 659--AMENDED AND DEBATE ADJOURNED

The following Bill was taken up.

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.

Reps. KELLEY and TUCKER, with unanimous consent, proposed the following Amendment No. 3 (Doc Name P:\amend\GJK\22864SD.96), which was adopted.

Amend the bill, as and if amended, in Section 61-5-530 of the 1976 Code, as contained in SECTION 1, by adding a new subsection (C) to read:

/(C)     The hours during which guests may have access to a hospitality cabinet are not limited to the hours that the qualified facility is licensed to sell alcoholic beverages unless this provision is specified by the governing body in the ordinance./

Amend further, as and if amended, in Section 61-5-550 of the 1976 Code, as contained in SECTION 1, by striking the last sentence of subsection (B).

When amended subsection (B) shall read:

/(B)     Access to a hospitality cabinet in a particular guest room must be provided, by furnishing a key, magnetic card, or similar device, only to a qualified registered guest of legal drinking age, registered to stay in the guest room./

Amend further, as and if amended, in Section 61-5-550(D) of the 1976 Code, as contained in SECTION 1, by adding immediately before /if/ on line 43, page 21, /only/. When amended subsection (D) shall read:

/(D)     A key, magnetic card, or similar device required to obtain access to the hospitality cabinet in a particular guest room may be given only to the qualified registered guest if requested by that guest and only if the guest is not visibly or obviously intoxicated./

Amend further, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION     .     Section 61-3-440 of the 1976 Code, as last amended by Section 1583 of Act 181 of 1993, is further amended to read:

"Section 61-3-440.     The department shall not grant or issue any license provided for in this chapter, Chapter 7, and Article 3 of Chapter 13, if the place of business is within three hundred feet of any church, school, or playground situated within a municipality or within five hundred feet of any church, school, or playground situated outside of a municipality. Such distance shall be computed by following the shortest route of ordinary pedestrian or vehicular travel along the public thoroughfare from the nearest point of the grounds in use as part of such church, school, or playground, which, as used herein, shall be defined as follows:

(1)     'Church', an establishment, other than a private dwelling, where religious services are usually conducted;

(2)     'School', an establishment, other than a private dwelling where the usual processes of education are usually conducted; and

(3)     'Playground', a place, other than grounds at a private dwelling, which is provided by the public or members of a community for recreation.

The above restrictions shall do not apply to the renewal of licenses existing on July 10, 1960 or to locations then existing , and they do not apply to new applications for locations which are licensed at the time the new application is filed with the department."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. KELLEY explained the amendment.

ACTING SPEAKER MARCHBANKS IN CHAIR

Rep. KELLEY continued speaking.

The amendment was then adopted.

Reps. KELLEY, KEEGAN and WITHERSPOON proposed the following Amendment No. 4 (Doc Name P:\amend\PT\2565JM.96).

Amend the bill, as and if amended, by adding new sections to read:

/SECTION ___.     Section 61-9-312 of the 1976 Code, as last amended by Section 75, Part II, Act 145 of 1995, is further amended to read:

"Section 61-9-312.     (A)     In counties or municipalities where temporary permits are authorized to be issued pursuant to Section 61-5-180, in lieu of the retail permit fee required pursuant to Section 61-9-310, a retail dealer otherwise eligible for the retail permit under that section may elect to apply for a special version of that permit which allows sales for off-premises consumption without regard to the restrictions on the days or hours of sales provided in Sections 61-9-90, 61-9-100, 61-9-110, and 61-9-130. The annual fee for this special retail permit is one thousand dollars.

(B)     Revenue generated by the fees must be credited to the general fund of the State except that revenue generated by the fees within a county where a federal military base or installation has been closed, or is designated to be closed and where the federal facility has reduced its permanent civilian employment by three thousand seven hundred fifty or more jobs after December 31, 1990, for a period of ten years after the effective date of Chapter 12 of Title 31, must be credited to a special separate and distinct account with the Budget and Control Board for support of a redevelopment authority created therein pursuant to Chapter 12 of Title 31. All other requirements for retail permits provided in Section 61-9-310 apply to the special permits authorized by this section.

(C)     (1)     Immediately following the dissolution of a redevelopment authority pursuant to Section 31-12-100 (A), the fees distributed to the dissolved redevelopment authority pursuant to subsection (B) must be distributed to the municipality or county in which the retailer who paid the fee is located. The revenue may only be used by the municipality or county for the following purposes:

(a)     capital improvements to tourism-related buildings including, but not limited to, civic centers, convention centers, coliseums, aquariums, stadiums, marinas, parks, and recreational facilities;

(b)     purchase or renovation of buildings which are historic properties as defined in Section 60-12-10(4) and (5); and

(c)     festivals which have a demonstrable and significant impact on tourism.

(2)     The revenue may not be used for operating expenses of tourism-related buildings."

SECTION ___.     Section 61-5-180 of the 1976 Code is amended to read:

"Section 61-5-180.     (A)     In addition to the provisions of Section 61-5-85, the department may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less. This permit is valid for a period not to exceed twenty-four hours and may be issued only to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales. The department shall charge a nonrefundable filing fee of one hundred dollars for processing each application and a daily permit fee of fifty dollars for each day for which a permit is approved. An application must be filed for each permit requested. The department in its sole discretion shall specify the terms and conditions of the permit.

(B)     (1)     The permit fees must be credited to the general fund of the State distributed to the municipality or county in which the retailer who paid the fee is located. The revenue may only be used by the municipality or county for the following purposes:

(a)     capital improvements to tourism-related buildings including, but not limited to, civic centers, convention centers, coliseums, aquariums, stadiums, marinas, parks, and recreational facilities;

(b)     purchase or renovation of buildings which are historic properties as defined in Section 60-12-10(4) and (5);

(c)     festivals which have a demonstrable and significant impact on tourism;

(d)     local youth mentor programs to serve juvenile offenders under the jurisdiction of the family court;

(e)     contributions to matching funds necessary for a local government or entity to receive funding from the Legacy Trust Fund pursuant to Chapter 22 of Title 51;

(f)     contributions to a redevelopment authority pursuant to Section 31-12-10, et seq.

(2)     The revenue may not be used for operating expenses of tourism-related buildings.

The department in its sole discretion shall specify the terms and conditions of the permit.

(C)     Permits authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than twenty-five hundred qualified electors of the county or municipality, as the case may be, in not less than thirty nor more than forty days after receiving the petition. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the South Carolina Department of Revenue and Taxation. The question on the ballot shall read substantially as follows:

'Shall the South Carolina Department of Revenue and Taxation be authorized to issue temporary permits in this (county)(municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales?'

A referendum for this purpose may not be held more often than once in forty-eight months.

The expenses of any such referendum must be paid by the county or municipality conducting the referendum."

SECTION     ___.     In a county in which temporary permits may be issued pursuant to Section 61-5-180, revenue generated by the fees imposed under that section within a county where a federal military base or installation has been closed, or is designated to be closed and where the federal facility has reduced its permanent civilian employment by seven hundred fifty or more jobs, but not more than two thousand nine hundred ninety-nine jobs, after December 31, 1990, for a period of three years beginning July 1, 1997, must be credited to a special separate and distinct account with the Budget and Control Board for support of a redevelopment authority created therein pursuant to Chapter 12 of Title 31.

Amend effective date to reflect these new sections' special effective date.

SECTION     ___.     Section 1 of this act takes effect July 1, 1996, and Sections 2 and 3 of this act take effect July 1, 1997. Amend effective date to reflect these new section's special effective date./

Amend title to conform.

Rep. KELLEY explained the amendment.

Rep. D. SMITH spoke upon the amendment.

SPEAKER IN CHAIR

Rep. D. SMITH continued speaking.

Rep. KELLEY spoke in favor of the amendment and moved to adjourn debate upon the Bill, which was adopted.

S. 1152--DEBATE ADJOURNED

Rep. LIMBAUGH moved to adjourn debate upon the following Bill, which was adopted.

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.

SENT TO THE SENATE

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

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.

S. 846--FREE CONFERENCE POWERS GRANTED

Rep. CARNELL 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. 846 -- Senator Giese: 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 72 SO AS TO PROVIDE FOR THE ISSUANCE OF SOUTH CAROLINA OLYMPIC LICENSE PLATES.

The yeas and nays were taken resulting as follows:

Yeas 96; Nays 0

Those who voted in the affirmative are:

Allison                Anderson               Askins
Bailey                 Baxley                 Boan
Breeland               Brown, H.              Brown, J.
Brown, T.              Byrd                   Cain
Carnell                Cato                   Cave
Chamblee               Clyburn                Cotty
Dantzler               Delleney               Easterday
Felder                 Fulmer                 Gamble
Hallman                Harrell                Harris, J.
Herdklotz              Hines, J.              Hines, M.
Hodges                 Howard                 Hutson
Inabinett              Jaskwhich              Jennings
Keegan                 Kelley                 Keyserling
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Lee                    Limbaugh
Limehouse              Littlejohn             Lloyd
Loftis                 Marchbanks             Mason
McAbee                 McCraw                 McKay
Meacham                Moody-Lawrence         Neal
Neilson                Phillips               Rhoad
Rice                   Richardson             Riser
Rogers                 Sandifer               Scott
Seithel                Sharpe                 Shissias
Simrill                Smith, D.              Smith, R.
Spearman               Stille                 Stoddard
Stuart                 Trotter                Tucker
Vaughn                 Waldrop                Walker
Wells                  Whatley                Whipper, L.
Wilder                 Wilkes                 Wilkins
Williams               Witherspoon            Wofford
Wright                 Young                  Young-Brickell

Total--96

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. CARNELL, HALLMAN and WHITE to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

H. 4251--RECOMMITTED

The following Bill was taken up.

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

Rep. HODGES moved to recommit the Bill to the Judiciary Committee, which was agreed to.

S. 913--DEBATE ADJOURNED

The following Bill was taken up.

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.

Rep. HARRELL moved to adjourn debate upon the Bill until Thursday, May 23.

Rep. SHARPE moved to table the motion.

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

Yeas 5; Nays 68

Those who voted in the affirmative are:

Allison                Cotty                  Stoddard
Wells                  Wilder

Total--5

Those who voted in the negative are:

Anderson               Askins                 Bailey
Baxley                 Brown, H.              Cain
Carnell                Cato                   Dantzler
Delleney               Easterday              Fulmer
Gamble                 Harrell                Harris, J.
Herdklotz              Hines, M.              Hodges
Hutson                 Jennings               Keegan
Kelley                 Kinon                  Kirsh
Klauber                Knotts                 Koon
Lanford                Limbaugh               Limehouse
Littlejohn             Lloyd                  Loftis
Marchbanks             Mason                  McAbee
McCraw                 McKay                  McTeer
Meacham                Moody-Lawrence         Neilson
Phillips               Rhoad                  Rice
Richardson             Riser                  Robinson
Sandifer               Seithel                Shissias
Simrill                Smith, D.              Smith, R.
Spearman               Stille                 Townsend
Vaughn                 Waldrop                Walker
Whatley                Wilkes                 Wilkins
Witherspoon            Wofford                Wright
Young                  Young-Brickell

Total--68

So, the House refused to table the motion to adjourn debate.

The question then recurred to the motion to adjourn debate, which was agreed to.

S. 72--OBJECTIONS

The following Bill was taken up.

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.

Rep. SIMRILL moved to adjourn debate upon the Bill.

Rep. LIMBAUGH moved to table the motion, which was agreed to.

Reps. SIMRILL, MEACHAM, EASTERDAY, VAUGHN, MARCHBANKS, LOFTIS, HERDKLOTZ, KNOTTS and CROMER objected to the Bill.

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

RECURRENCE TO THE MORNING HOUR

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

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 22, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1164:
S. 1164 -- Judiciary Committee: A BILL TO AMEND PART I, ARTICLE 2, CHAPTER 2, TITLE 62, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTESTATE SUCCESSION, BY ADDING SECTION 62-2-114, SO AS TO PROVIDE THAT IF THE PARENTS, WHO ARE HEIRS OF A CHILD PURSUANT TO 62-2-103(2), ARE DIVORCED, SEPARATED, OR LIVING APART, UPON MOTION OF EITHER PARENT, THE PROBATE COURT MAY DENY OR LIMIT EITHER PARENT'S ENTITLEMENT FOR A SHARE OF THE PROCEEDS IF THE COURT DETERMINES, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE PARENT HAS REFUSED TO REASONABLY SUPPORT THE DECEDENT AS DEFINED IN SECTION 20-7-40 AND HAS OTHERWISE NOT PROVIDED FOR THE NEEDS OF THE DECEDENT; AND TO AMEND SECTION 42-9-140, RELATING TO WORKERS' COMPENSATION PAYMENTS WHEN A DECEASED EMPLOYEE LEAVES NO DEPENDENTS, SO AS TO PROVIDE THAT THE COMMISSION MAY DENY OR LIMIT PAYMENTS TO A PARENT WHO IS OTHERWISE ENTITLED TO RECOVER AMOUNTS PROVIDED FOR A DECEASED EMPLOYEE IF THE COMMISSION DETERMINES, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE PARENT HAS REFUSED TO REASONABLY SUPPORT THE DECEDENT AS DEFINED IN SECTION 20-7-40 AND HAS OTHERWISE NOT PROVIDED FOR THE NEEDS OF THE DECEDENT.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 22, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor on R. 370, S. 1266 by a vote of 0 to 46.
(R370) S. 1266 -- Senator Gregory: AN ACT TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO PROHIBIT THE DEPARTMENT OF NATURAL RESOURCES FROM PROVIDING A BREAK IN THE SEASON ON PRIVATE LANDS IN GAME ZONE 4 AND PROHIBITING THE DEPARTMENT FROM CLOSING ANY PART OF THE DEER SEASON IN WHICH FIREARMS ARE ALLOWED ON PRIVATE LANDS IN GAME ZONE 4.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 22, 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. 363, S. 972 by a vote of 44 to 2.
(R363) S. 972 -- Senator Bryan: AN ACT TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE LAURENS, McCORMICK, GREENWOOD, AND ABBEVILLE COUNTIES' TRANSPORTATION COMMITTEES.
Very respectfully,
President

The SPEAKER ordered the veto message printed in the Journal.

S. 876--RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up.

S. 876 -- Senator Bryan: A BILL TO AMEND ACT 779 OF 1988, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO REVISE THE PROVISIONS FOR SCHOOL DISTRICT 56.

Reps. WILDER, STODDARD and CARNELL, with unanimous consent, proposed the following Amendment No. 1 (Doc Name P:\amend\BBM\10884CM.96), which was adopted.

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

/SECTION     1.     Section 1 of Act 171 of 1967, as last amended by Act 214 of 1993, is further amended to read:

"Section     1.     On or before the first day of July for each year, the boards of trustees of School Districts Fifty-five and Fifty-six in Laurens County shall annually prepare operating budgets and recommend to the county auditor the amount of tax levy necessary to defray the cost of the budgets. The board of trustees of each school district in preparing the budgets may grant to teachers fringe benefits, in lieu of salaries, in forms as it may determine. Certified copies of the budgets signed by a majority of the boards of trustees of the districts must be filed with the auditor and treasurer. Copies of the budget must also be furnished to the county legislative delegation and a summary of the budgets published in a newspaper having general circulation within the district. For each tax year, an annual uniform millage for operating purposes must be levied on all taxable property in School Districts Fifty-five and Fifty-six of Laurens County. Monies derived from the levy must first be distributed to each school district to provide the amount necessary under the South Carolina Education Finance Act for required local support. Any monies not paid for required local support must be distributed to the school districts according to the current year's one hundred thirty-five day EFA weighted pupil units. School District Fifty-five and School District Fifty-six of Laurens County shall share the forestry funds according to the current year's one hundred thirty-five day EFA weighted pupil units. For the year 1992, the boards of trustees of School Districts Fifty-five and Fifty-six may recommend a tax levy increase of five mills which shall become a part of the base millage authorization of the districts if imposed. For the school year 1993-94, the boards of trustees of School Districts Fifty-five and Fifty-six may recommend a tax increase of up to eight mills which shall become a part of the base millage authorization of the districts if imposed. Beginning with the school year 1994-95 and thereafter, the boards of trustees of School Districts Fifty-five and Fifty-six may recommend a tax levy increase of up to two mills per year above the base authorization. A tax increase of more than two mills above the base authorization for the school year 1994-95 and thereafter must be approved at a referendum by the electors of the school districts prior to its levy. The referendum must be ordered by the board of trustees and held at places as the boards may designate in each attendance area of the school districts. Notice must be given by publication in all of the newspapers in the county at least once a week for three consecutive weeks prior to the referendum. The notice must give the date of the referendum, the question to be voted upon, and any other information which would aid the voters to understand the question being presented. The boards shall order the referendum to be held not later than the fourth Tuesday in May. If the recommended levy is approved in the referendum, the county auditor shall levy and the treasurer collect the amount specified.

If the board of trustees of either School District Fifty-five or Fifty-six pursuant to the requirements of Section 59-21-1030 of the 1976 Code increases the millage of their respective district in any year, the millage increase which that board is authorized to recommend without a referendum as provided herein is reduced by a like amount for that year, and the limitation on the total amount of increased millage which the board may recommend without a referendum in any one-year period is also reduced by a like amount.

Notwithstanding any other provision of this section or any other provision of law, commencing in the 1996-97 school year, a permanent six mills shall be levied to be used for alternative schools and other classroom enhancements."/

Amend title to conform.

The Bill, as amended, was read the third time and ordered returned to the Senate with amendments.

S. 659--AMENDED AND DEBATE ADJOURNED

The following Bill was taken up.

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.

AMENDMENT NO. 4--TABLED

Debate was resumed on Amendment No. 4 by Rep. KELLEY.

Rep. KELLEY moved to table the amendment, which was agreed to.

Reps. D. SMITH, KELLEY and TUCKER proposed the following Amendment No. 6, which was adopted.

Section 1:

Strike all after the enacting words and insert the text of the original bill - S. 659.

Section 2:

Amend the bill, as and if amended, by inserting the language of the House Judiciary Committee amendment, also known as Amendment #1, Doc. #22864SD.96.

Section 3:

Amend the bill, as and if amended, by adding new sections to the bill. These new sections are in Doc. #2565JM.96, an amendment sponsored by Reps. KELLEY, KEEGAN and WITHERSPOON.

Rep. KELLEY explained the amendment.

The amendment was then adopted.

Rep. KEYSERLING moved to adjourn debate upon the Bill, which was adopted.

S. 1152--DEBATE ADJOURNED

Rep. LIMBAUGH moved to adjourn debate upon the following Bill, which was adopted.

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.

S. 73--OBJECTIONS

The following Joint Resolution was taken up.

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.

Reps. SIMRILL and MARCHBANKS objected to the Joint Resolution.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\6005AC.96).

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

/SECTION     1.     It is proposed that Section 3, Article XVII of the Constitution of this State be amended to read:

"Section 3.     Divorces from the bonds of matrimony shall be are allowed on the grounds of adultery, desertion, physical cruelty, continuous voluntary separation for a period of at least one year, involuntary separation as defined by law, or habitual drunkenness."

SECTION     2.     The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 3, Article XVII of the Constitution of this State be amended so as to provide that the ground for divorce of continuous separation for a period of at least one year must be a voluntary separation and that an involuntary separation as defined by law by the General Assembly also may be a ground for divorce?

Yes     _
No     _

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/

Amend title to conform.

Rep. LIMBAUGH explained the amendment.

Reps. EASTERDAY, LOFTIS, ROBINSON, CAIN, McELVEEN and INABINETT objected to the Joint Resolution.

ACTING SPEAKER MARTIN IN CHAIR
S. 929--DEBATE ADJOURNED

The following Bill was taken up.

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.

Rep. RICHARDSON proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2561DW.96), which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION     ____.     Section 4-5-170(B) of the 1976 Code is amended to read:

"(B)     Where the area proposed to be annexed is less than fifty acres in size and is titled in the name of ten or fewer freeholders as defined in Section 5-3-240 and upon satisfactory compliance with Sections 4-5-120 through 4-5-160, the Governor shall order the county board of elections in the county in which the area proposed to be annexed is located to canvass the qualified electors residing in the area as to whether the area proposed to be annexed should be transferred to the annexing county. However, if the area proposed to be annexed has less than two hundred qualified electors residing within it, the governing body of the county in which the area is located must approve, by a majority vote, the proposed annexation. Notice of the canvassing must be given to the qualified electors residing in the area proposed to be annexed by certified mail. The canvassing of the qualified electors must be in the form of a census taken by the county board of elections on the third Tuesday after the notice is given or attempted. If the county commission of elections certifies that two-thirds of the qualified electors in the area proposed to be annexed favor annexation, the governing body of the county to which the area is proposed to be transferred, upon the concurring vote of the governing body of the county from which the area is proposed to be transferred, may vote to require the General Assembly to ratify the transfer of property under Section 4-5-220."/

Renumber sections to conform.

Amend title to conform.

Rep. ROBINSON moved to table the amendment, which was agreed to.

Rep. JENNINGS explained the Bill.

Rep. SCOTT moved to adjourn debate upon the Bill until Thursday, May 23, which was adopted.

S. 1123--OBJECTIONS

The following Bill was taken up.

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.

Rep. JENNINGS explained the Bill.

Rep. KLAUBER moved to adjourn debate upon the Bill.

Rep. RISER moved to table the motion, which was agreed to.

Reps. SCOTT, MOODY-LAWRENCE, LLOYD, McMAHAND, LITTLEJOHN, CAIN, BYRD, LIMBAUGH and ANDERSON objected to the Bill.

S. 1147--RECONSIDERED AND ORDERED
TO THIRD READING

The motion of Rep. J. BROWN to reconsider the vote whereby debate was adjourned on the following Bill was taken up.

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.

Rep. KIRSH moved to table the motion to reconsider, which was not agreed to.

The question then recurred to the motion to reconsider, which was agreed to.

Rep. JENNINGS explained the Bill.

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

MOTION NOTED

Rep. ROBINSON moved to reconsider the vote whereby Amendment No. 1 was tabled on S. 929 and the motion was noted.

MOTION NOTED

Rep. SCOTT moved to reconsider the vote whereby debate was adjourned on S. 929 and the motion was noted.

S. 1284--DEBATE ADJOURNED

Rep. LIMBAUGH moved to adjourn debate upon the following Bill until Thursday, May 23, which was adopted.

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.

S. 66--DEBATE ADJOURNED

The following Bill was taken up.

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.

The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22860SD.96).

Amend the bill, as and if amended, by striking Section 6-9-50 of the 1976 Code, as contained in SECTION 1, and inserting:

/"Section 6-9-50.     County governing bodies have the authority to establish codes and promulgate regulations under this chapter for the entire unincorporated area of the county or for any specified portion of the unincorporated area. Municipalities and counties shall adopt by reference only the latest editions of the following nationally known codes and the standards referenced in the codes for regulation of construction within their respective jurisdictions: Standard Building Code, Standard Gas Code, Standard Plumbing Code, Standard Mechanical Code, the Standard Fire Prevention Code, as published by the Southern Building Code Congress International, Inc., the Model Energy Code as published by the Council of American Building Officials, and the National Electrical Code, as published by the National Fire Protection Association. The appendixes of the codes provided in this section may be adopted as needed by a municipality or county, but this fact must be referenced by name or letter designation in the adoption ordinance.

The governing body of a county may not enforce that portion of a nationally recognized fire prevention code it has adopted which may regulate outdoor burning for forestry, wildlife, and agricultural purposes as regulated by the South Carolina Forestry Commission.

A residential building is deemed in compliance with the Building Envelope Requirements of the Model Energy Code if (a) it is built in compliance with prescriptive standards issued by the South Carolina Residential Builders Commission, in consultation with the State Energy Office, based on computer models of the Model Energy Code including, but not limited to, options developed by Pacific Northwest Laboratories for South Carolina's climactic zones, or (b) if double pane or storm windows are used for window glass and in the case of ceilings, exterior walls, floors with crawl space, and heating and air conditioning duct work, the determination of the minimum thermal resistance ratings (R-value) is:

(1)     R-30 for ceilings, except for ceiling/roof combinations, which must be at least R-19 ;

(2)     R-13 for exterior walls;

(3)     R-19 for floors with crawl space;

(4)     R-6, or the installed equivalent, for heating and air conditioning duct work not located in conditioned space."/

Amend further, by striking Section 6-9-60 of the 1976 Code, as contained in SECTION 1, and inserting:

/"Section 6-9-60.     Municipalities or and counties are authorized to may adopt by reference only the latest editions of the following nationally known codes and the standards referenced in the codes for regulation of construction within their respective jurisdictions: Standard Building Code, Standard Housing Code, Standard Gas Code, Standard Plumbing Code, Standard One and Two Family Dwelling Code, Standard Mechanical Code, Standard Fire Prevention Code Standard Existing Building Code, Standard Swimming Pool Code, the Standard Excavation and Grading Code, National Electrical Code, and National Fire Protection Association Gas Codes as published by the Southern Building Code Congress International, Inc., and the One and Two Family Dwelling Code, as published by the Council of American Building Officials. The appendixes of the codes provided in this section may be adopted as needed by a municipality or county, but this fact must be referenced by name or letter designation in the adopting ordinance. If a county or municipality adopts the One and Two Family Dwelling Code, the One and Two Dwelling Code shall take precedence over the Standard Building Code for dwellings as defined in the Standard Building Code. Should any city, town, If a municipality or county contend contends that the codes authorized by this chapter do not meet its needs due to local physical or climatological conditions, the variations and modifications must be submitted for approval to a the South Carolina Building Code Codes Council of thirteen fifteen members which is established in this section.

Members of this the council must be appointed by the Governor for terms of four years each and until a successor is appointed and qualifies. The council shall consist of include an (1) architect registered in South Carolina, representatives (2) a representative from the Municipal Association of South Carolina, (3) a representative from the South Carolina Association of Counties, the Building Officials' Association of South Carolina, South Carolina Building Trade Council, (4) a representative from of the electric utility electrical industry who is either an engineer or master electrician registered in South Carolina, a representative of the Carolinas Branch of the Associated General Contractors of America, Inc., representatives from the gas, electric, and plumbing industries, a representative of the Home Builders Association of South Carolina, (5) a general contractor licensed in South Carolina, (6) a residential home builder licensed in South Carolina, (7) a handicapped disabled person, and the Chief Engineer of the State Budget and Control Board (8) a representative of the mechanical and gas industries who is either an engineer registered in South Carolina or a master mechanic, (9) a representative of the plumbing industry who is either an engineer registered in South Carolina or a master plumber, (10) a representative designated by the State Engineer of the Budget and Control Board, (11) a structural engineer registered in South Carolina, (12) a certified building official employed by a municipality or county, (13) a representative designated by the State Fire Marshal, (14) a representative from the Manufactured Housing Institute of South Carolina who shall serve as a nonvoting member, and (15) a representative designated by the Director of the State Energy Office of the Budget and Control Board who shall serve as a nonvoting member. At least one member of the council must be a member of each of the congressional districts, to be appointed, if positions become vacant, in the order provided below or as resignations occur. A vacancy must be filled in the manner of the original appointment for the unexpired portion of the term. The primary function of the council is to decide to what extent any a jurisdiction may vary from the series of codes listed in this section chapter in the establishment of construction standards. The council shall monitor the adoption of building codes by cities municipalities and counties to insure ensure compliance with this chapter. Of the members initially appointed by the Governor, four shall serve for terms of two years, four shall serve for four years, and five shall serve for terms of six years. After the initial appointment, all appointments are for terms of six years. Members of the council shall receive mileage, subsistence, and per diem as provided for other state boards, committees, or commissions for attendance at board meetings called by the chairman. The council shall elect from its appointive members a chairman, vice-chairman, and secretary. The council shall adopt regulations not inconsistent consistent with this chapter. Meetings may be called by the chairman on his own initiative and must be called by him at the request of three or more members of the council. All members must be notified by the chairman in writing of the time and place of meeting at least seven days in advance of the meeting. Seven members constitute a quorum. All meetings are open to the public. At least two-thirds vote of those members in attendance at the meeting constitutes an official decision of the council."/

Amend further, by striking subsection (B) of Section 6-9-65 of the 1976 Code, as contained in SECTION 1, and inserting:

/"(B)     The governing body of a county or municipality may not enforce that portion of any a nationally recognized building code it has adopted which regulates the construction or improvement of a farm structure. Standards for flood plain management by the Southern Building Code Congress International, Inc. apply The standards published by the Federal Emergency Management Agency for the National Flood Insurance Program shall apply."/

Amend further by striking Section 6-9-70 of the 1976 Code, as contained in SECTION 1, and inserting:

/"Section 6-9-70.     The violation of any of the codes or regulations adopted pursuant to the provisions of this chapter is declared to be a misdemeanor, and any A person violating the building codes or regulations adopted pursuant to the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed one hundred dollars or imprisonment of not more than thirty days punished by fine, imprisonment, or both, not to exceed that which a magistrate's court is authorized to impose. Each day the violation continues is a separate offense.

However, before being charged with a second violation, an individual must be given seven calendar days to remedy the violation if it does not place the public in imminent danger or create an emergency situation. If no substantial progress is made toward correcting the violation which does not place the public in imminent danger or create an emergency situation by the end of the seventh calendar day in the opinion of the inspector or official, every day of such violation thereafter is considered a separate offense. In addition, every day a violation continues is a separate offense in those situations that place the public in imminent danger or create emergency situations."/

Amend further, by striking Section 6-9-130 of the 1976 Code, as contained in SECTION 1, and inserting:

/"Section 6-9-130.     Buildings must be inspected according to the codes in effect for the locality on the date of the issuance of the building permit except in the case of unsafe buildings and changes in occupancy classification as defined in the Standard Building Fire Prevention and existing building codes."/

Amend further, by striking Section 6-8-30 of the 1976 Code, as contained in SECTION 3, and inserting:

/"Section 6-8-30.     (A) Certificates of registration may be issued without examination to building codes enforcement officers employed in codes enforcement on the effective date of this chapter only for the position and locality held at the time of registration pursuant to this section. This registration is valid for two years and may be renewed.

(B)     Upon initial employment by a political subdivision, an individual must be granted a provisional certificate of registration without examination which is valid for one year from the date of issuance. The provisional certificate of registration may not be renewed."/

Amend further by adding an appropriately numbered SECTION to read:

/SECTION     __.     Chapter 10 of Title 6 of the 1976 Code is repealed./

Renumber sections to conform.

Amend totals and title to conform.

Rep. BAILEY explained the amendment.

Rep. CATO moved to adjourn debate upon the Bill until Thursday, May 23, which was adopted.

SPEAKER IN CHAIR
S. 1286--INTERRUPTED DEBATE

The following Bill was taken up.

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.

The Committee on Judiciary proposed the following Amendment No. 1 (Doc Name P:\amend\BBM\10860AC.96).

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

/SECTION     1.     The 1976 Code is amended by adding:

"Section 20-7-2725.     (A)     No day care center, group day care home, family day care home, or church or religious day care center may employ a person or engage the services of a caregiver who has been convicted of:

(1)     a crime listed in Chapter 3 of Title 16, Offenses Against the Person;

(2)     a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;

(3)     the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;

(4)     the felonies classified in Section 16-1-10(A);

(5)     the offenses enumerated in Section 16-1-10(D); or

(6)     a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.

(B)     A person who has been convicted of a crime enumerated in subsection (A) who applies for employment with, is employed by, seeks to contract with, contracts with, seeks to provide caregiver services, or is a caregiver at a day care center, group day care home, family day care home, or church or religious day care center is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.

(C)     Application forms for employment at child day care centers, group day care homes, family day care homes, or church or religious day care centers must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of a crime enumerated in subsection (A) who applies for employment with, is employed by, or seeks to provide caregiver services or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.

(D)     To be employed by or to provide caregiver services at a child day care center, group day care home, family day care home, or church or religious day care center, a person first shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. Pending the results of the fingerprint reviews, a person temporarily may be employed or may provide caregiver services. The results of the fingerprint reviews are valid and reviews are not required to be repeated as long as the person remains employed by or continues providing caregiver services in a day care center, group day care home, family day care home, or church or religious day care center; however, if a person is not employed or does not provide caregiver services for one year or longer, the fingerprint reviews must be repeated.

(E)     Unless otherwise required by law, this section does not apply to volunteers in a day care center, group day care home, family day care home, or church or religious day care center. For purposes of this section, 'volunteer' means a person who:

(1)     provides services without compensation relating to the operation of a day care center, group day care home, family day care home, or church or religious day care center; and

(2)     is in the presence of an operator, employee, or caregiver when providing direct care to children.

'Volunteer' includes, but is not limited to, parents, grandparents, students, and student teachers."

SECTION     2.     The 1976 Code is amended by adding:

"Section 20-7-3092.     The fingerprint reviews required by this subarticle are not required of a certified education personnel who has undergone a fingerprint review pursuant to Section 59-26-40 or of a person licensed as a foster parent who has undergone a state and federal fingerprint review pursuant to Section 20-7-1640, and the results of these reviews have been submitted to the department and the person has remained employed since the review in certified education or licensed as a foster parent or the reviews have been conducted within the preceding year."

SECTION     3.     Section 17-22-90 of the 1976 Code is amended to read:

"Section 17-22-90.     An offender who enters an intervention program shall:

(1) waive, in writing and contingent upon his successful completion of the program, his or her right to a speedy trial;

(2) agree, in writing, to the tolling while in the program of all periods of limitation established by statutes or rules of court;

(3) agree, in writing, to the conditions of the intervention program established by the solicitor;

(4) in the event there is a victim of the crime, agree, in writing, to make restitution to the victim within a specified period of time and in an amount to be determined by the solicitor;

(5) agree in writing that any records relating to participation in pretrial intervention or information obtained through pretrial intervention is not admissible as evidence in subsequent proceedings, criminal or civil, and communication between pretrial intervention counselors and defendants shall remain as privileged communication unless a court of competent jurisdiction determines that there is a compelling public interest that such communication be revealed. In no case shall a written admission of guilt be required of a defendant prior to acceptance nor prior to completion of the pretrial intervention program.; and

(6)     if the offense is committing or attempting to commit a lewd act upon a child under the age of fourteen years pursuant to Section 16-15-140, agree in the agreement between the solicitor's office and the offender provided for in Section 17-22-120 to allow information about the offense to be made available to day care centers, group day care homes, family day care homes, church or religious day care centers, and other facilities providing care to children and related agencies by the State Law Enforcement Division pursuant to regulations which the State Law Enforcement Division shall promulgate."

SECTION     4.     Section 20-7-2700b.(6) of the 1976 Code is amended to read:

"(6)     summer school vacation or school holiday resident or day camps for children;"

SECTION     5.     Section 20-7-2730(E), (F), (G), and (H) of the 1976 Code, as last amended by Act 54 of 1995, is further amended to read:

"(E)     No license may be issued to an operator who if the operator or an employee or a caregiver has been convicted of:

(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;

(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;

(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;

(4) the felonies classified in Section 16-1-10(A);

(5) the offenses enumerated in Section 16-1-10(D); or

(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.

(F)     No facility may employ or engage the services of a person who has been convicted of one of the crimes listed in this section. A person who has been convicted of one of the crimes listed in this section who applies for a license as an operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.

(G)     Application forms for licenses issued under this chapter by the department and application forms for employment at an individual private child day care center or a group day care home section must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed a crime enumerated in this section subsection (E) who applies for a license as an operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.

(H)(G)     A person applying for a license as an operator under this section or seeking employment or seeking to provide caregiver services at a facility licensed under this section shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The fingerprint reviews required by this subsection are not required upon each renewal unless the renewal coincides with employment of a new operator, employee, or caregiver."

SECTION     6.     Section 20-7-2740(D), (E), (F), and (G) of the 1976 Code, as last amended by Act 54 of 1995, is further amended to read:

"(D)     No license may be renewed for any an operator who if the operator or an employee or a caregiver has been convicted of:

(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;

(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;

(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;

(4) the felonies classified in Section 16-1-10(A);

(5) the offenses enumerated in Section 16-1-10(D); or

(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.

(E)     Application forms for license renewals issued under this chapter by the department for private child day care centers or group day care homes section must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed a crime enumerated in this section subsection (D) who applies for a license renewal as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.

(F)     A licensee seeking license renewal under this section, its employees, and its caregivers, who have not done so previously, on the first renewal after June 30, 1995, or by June 30, 1996, whichever is later, shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history.

(G)     No facility may employ or engage the services of an employee or caregiver who has been convicted of one of the crimes listed in this section."

SECTION     7.     Section 20-7-2800(C), (E), and (F) of the 1976 Code, as added by Act 54 of 1995, is amended to read:

"(C)     A person applying for approval under this section, who will operate the facility, or seeking employment or seeking to provide caregiver services at a facility licensed under this section shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The fingerprint reviews required by this subsection are not required upon each renewal unless the renewal coincides with employment of a new operator, employee, or caregiver.

(E)     No facility may employ or engage the services of an operator, an employee, or a caregiver who has been convicted of one of the crimes listed in this section. A person who has been convicted of one of the crimes listed in this section who applies for approval as an operator at, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility licensed under this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.

(F)     Application forms for a statement of standard conformity or approval issued under this chapter by the department and application forms for employment at individual public child day care centers or group day care homes section must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed a crime enumerated in this section subsection (D) who applies for a license as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility approval is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both."

SECTION     8.     Section 20-7-2810(D), (E), (F), and (G) of the 1976 Code, as added by Act 54 of 1995, is amended to read:

"(D)     A person applying for approval renewal under this section, a person who will operate the facility, and its employees and caregivers, who have not done so previously, on the first approval renewal after June 30, 1995, or by June 30, 1996, whichever is later, shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history.

(E)     No approval may be granted renewed under this section if the person applying for approval renewal, the operator of the facility, or an employee or a caregiver has been convicted of:

(1)     a crime listed in Chapter 3 of Title 16, Offenses Against the Person;

(2)     a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;

(3)     the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;

(4)     the felonies classified in Section 16-1-10(A);

(5)     the offenses enumerated in Section 16-1-10(D); or

(6)     a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.

(F)     No facility may employ or engage the services of an employee or a caregiver who has been convicted of one of the crimes listed in this section.

(G)(E)     Application forms for renewal of a statement of standard conformity or approval issued under this chapter by the department for individual public child day care centers or group day care homes section must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed a crime enumerated in this section subsection (D) who applies for a license as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility approval renewal is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both."

SECTION     9.     Section 20-7-2850(C), (D), (E), and (F) of the 1976 Code, as added by Act 54 of 1995, is amended to read:

"(C)     A person applying to become a registered operator of a family day care home under this chapter or seeking employment or seeking to provide caregiver services at a family day care home registered under this chapter section and a person fifteen years of age or older living in the family day care home shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The fingerprint reviews required by this subsection are not required upon each renewal unless the renewal coincides with employment of a new operator, employee, or caregiver.

(D)     No applicant may be registered as an operator if the person, his employees, or his caregivers have an employee, a caregiver, or a person fifteen years of age or older living in the family day care home has been convicted of:

(1)     a crime listed in Chapter 3 of Title 16, Offenses Against the Person;

(2)     a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;

(3)     the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;

(4)     the felonies classified in Section 16-1-10(A);

(5)     the offenses enumerated in Section 16-1-10(D); or

(6)     a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.

(E)     No family day care home may employ or engage the services of an operator, an employee, or a caregiver who has been convicted of one of the crimes listed in this section. A person who has been convicted of one of the crimes listed in this section who applies for approval as an operator at, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility registered under this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.

(F)     Application forms for registration issued under this chapter by the department and application forms for employment at a family day care home section must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed a crime enumerated in this section subsection (D) who applies for a license registration as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility or a person who applies for registration as an operator who has a person fifteen years of age or older living in the family day care home who has been convicted of a crime enumerated in subsection (D) is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both."

SECTION     10.     Section 20-7-2860(C) and (D) of the 1976 Code, as added by Act 54 of 1995, is amended to read:

"(C)     A person applying for renewal of registration as an operator of a family day care home registered under this chapter and a person employed or providing caregiver services at a family day care home registered under this chapter, who has not done so previously, on the first renewal after June 30, 1995, or by June 30, 1996, whichever is later, shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history.

(D)     Application forms for registration renewal issued under this chapter by the department for a family day care home section must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in this section a crime enumerated in Section 20-7-2850(D) who applies for a license registration as an operator ,applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility or a person who applies for registration as an operator who has a person fifteen years of age or older living in the home who has been convicted of a crime enumerated in Section 20-7-2850(D) is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both."

SECTION     11.     Section 20-7-2900(C), (D), (E), (F), and (G) of the 1976 Code, as added by Act 54 of 1995, is amended to read:

"(C)     No facility may employ or engage the services of an operator or any person who has been convicted of one of the crimes listed in this section.

(D)     A person who has been convicted of one of the crimes listed in this section who seeks to provide services as an operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a church or religious day care center is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.

(E)     Application forms for licensure or registration issued under this chapter by the department and application forms for employment at a church congregation, established religious denomination, or religious college or university subarticle must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed a crime enumerated in this section who applies for a license or registration as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.

(F)(D)     A person applying for a license or registration as an operator of a church or religious day care center or seeking employment or seeking to provide caregiver services at a church or religious day care center shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The fingerprint reviews required by this subsection are not required upon each renewal unless the renewal coincides with employment of a new operator, employee, or caregiver.

(G)     A person applying for renewal of a license or registration as an operator of a church or religious day care center licensed or registered under this chapter and a person employed or registered under this chapter, who has not done so previously, on the first renewal after June 30, 1995, or by June 30, 1996, whichever is later, shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history."

SECTION     12.     Section 20-7-2905 of the 1976 Code, as added by Act 54 of 1995, is amended to read:

"Section 20-7-2905.     The State Law Enforcement Division may not impose a fee of more than twenty-five dollars to conduct For conducting a state criminal history review as required by the provisions of this subarticle, the State Law Enforcement Division may not impose a fee greater than the fee imposed by the Federal Bureau of Investigation for conducting such a review."

SECTION     13.     Section 20-7-3097 of the 1976 Code, as added by Act 54 of 1995, is amended to read:

"Section 20-7-3097.     (A)     Before the Department of Social Services employs a person in its day care licensing or child protective services divisions, the person shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. No person may be employed in these divisions if the person has been convicted of or pled guilty or nolo contendere to:

(1)     a crime listed in Chapter 3 of Title 16, Offenses Against the Person;

(2)     a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;

(3)     the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;

(4)     the felonies classified in Section 16-1-10(A);

(5)     the offenses enumerated in Section 16-1-10(D); or

(6)     a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law any crime listed in Section 20-7-2725(A).

(B)     Notwithstanding subsection (A) or any other provision of law, a person may be provisionally employed in the day care licensing or child protective services divisions upon receipt and review of the results of the State Law Enforcement Division fingerprint review if the results show no convictions of the crimes referenced in subsection (A). Pending receipt of the results of the Federal Bureau of Investigation fingerprint review, the department must obtain from the prospective employee a written affirmation on a form provided by the department that the employee has not been convicted of any crime referenced in subsection (A).

(C)     A person who has been convicted of a crime referenced in subsection (A) who applies for employment with the day care licensing or child protective services divisions is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both."

SECTION     14.     Notwithstanding Section 20-7-2725(D) of the 1976 Code, as added by Section 1 of this act, no operator or employee of or person providing caregiver services at a child day care center, group day care home, family day care home, or church or religious day care center is required to undergo a state fingerprint review conducted by the State Law Enforcement Division or the Federal Bureau of Investigation if the person continuously has been employed by or providing caregiver services in a child day care center, group day care home, family day care home, or church or religious day care center since July 1, 1991. However, the person must obtain a criminal record history from the State Law Enforcement Division, and, following this act's effective date, if the person is not employed by or does not provide caregiver services in a child day care center, group day care home, family day care home, or church or religious day care center for one year or longer, the person must comply with Section 20-7-2725(D). Additionally, no person fifteen years of age or older who, on this act's effective date, lives in the home of a person who is a registered operator of a family day care home is required to undergo the state fingerprint review as required by Section 20-7-2850(C) of the 1976 Code, as amended in Section 8 of this act.

SECTION     15.     This act takes effect July 1, 1996./

Amend title to conform.

Rep. LIMBAUGH explained the amendment.

Rep. SCOTT moved to adjourn debate upon the Bill until Thursday, May 23.

Rep. CROMER moved to table the motion, which was not agreed to.

The question then recurred to the motion to adjourn debate, which was rejected by a division vote of 27 to 52.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1.

RECURRENCE TO THE MORNING HOUR

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

HOUSE STANDS AT EASE

The House stood at ease subject to the call of Chair.

JOINT ASSEMBLY

At 12:00 Noon the Senate appeared in the Hall of the House.

The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

ELECTION OF CIRCUIT COURT
JUDGES AND A FAMILY COURT JUDGE

The Reading Clerk of the Senate read the following Concurrent Resolution:

H. 4994 -- Rep. Delleney: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 22, 1996, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT AT LARGE, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 2000; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, 13TH CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001.

ELECTION OF A CIRCUIT COURT
JUDGE, AT-LARGE, SEAT 1

The President announced that nominations were in order for a Circuit Court Judge, At-Large, Seat 1.

Rep. DELLENEY, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Robert S. Armstrong, James R. Barber, III, Daniel R. Eckstrom, Brenda Reddix-Smalls, and Paula H. Thomas.

Rep. DELLENEY stated that the following candidate had withdrawn from the election: Mr. James R. Barber, III.

Rep. WRIGHT withdrew Mr. Daniel R. Eckstrom as a candidate.

Reps. TUCKER, SIMRILL, MEACHAM, HARVIN and Senator Martin seconded the nomination of Mrs. Thomas.

On motion of Rep. DELLENEY, nominations were closed.

The following named Senators voted for Mr. Armstrong:

Bryan                  Cork                   Drummond
Giese                  Gregory                Holland
Lander                 Moore                  Reese
Russell                Ryberg                 Setzler
Smith, J.V.

TOTAL--13

The following named Senators voted for Ms. Reddix-Smalls:

Ford                   Glover                 Jackson
Matthews               Patterson              Washington

TOTAL--6

The following named Senators voted for Mrs. Thomas:

Alexander              Boan                   Courtney
Elliott                Fair                   Hayes
Hutto                  Land                   Leatherman
Martin                 McConnell              McGill
Mescher                O'Dell                 Passailaigue
Peeler                 Rankin                 Richter
Rose                   Saleeby                Short
Smith, G.              Thomas                 Waldrep
Wilson

TOTAL--25

On motion of Rep. FLEMING, with unanimous consent, the Members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Armstrong:

Carnell                Cave                   Cobb-Hunter
Davenport              Gamble                 Keyserling
Kirsh                  Koon                   Lloyd
Mason                  McAbee                 McElveen
McTeer                 Phillips               Rhoad
Robinson               Rogers                 Sharpe
Shissias               Stoddard               Walker
White                  Wilder

Total--23

The following named Representatives voted for Ms. Reddix-Smalls:

Anderson               Breeland               Brown, G.
Brown, J.              Byrd                   Clyburn
Govan                  Hines, J.              Hines, M.
Howard                 Inabinett              Lee
McMahand               Moody-Lawrence         Neal
Scott                  Whipper, L.            Whipper, S.
Wilkes                 Williams

Total--20

The following named Representatives voted for Mrs. Thomas:

Allison                Askins                 Bailey
Baxley                 Boan                   Brown, H.
Brown, T.              Cain                   Cato
Chamblee               Cooper                 Cotty
Cromer                 Dantzler               Delleney
Easterday              Felder                 Fleming
Fulmer                 Hallman                Harrell
Harris, J.             Harvin                 Herdklotz
Hodges                 Hutson                 Jaskwhich
Jennings               Keegan                 Kelley
Kinon                  Klauber                Knotts
Lanford                Law                    Limbaugh
Limehouse              Littlejohn             Marchbanks
Martin                 McCraw                 McKay
Meacham                Neilson                Quinn
Rice                   Richardson             Riser
Sandifer               Seithel                Simrill
Smith, D.              Smith, R.              Spearman
Stille                 Stuart                 Townsend
Tripp                  Trotter                Tucker
Vaughn                 Waldrop                Wells
Whatley                Wilkins                Witherspoon
Wright                 Young                  Young-Brickell

Total--69
RECAPITULATION

Total Number of Senators voting     44
Total Number of Representatives voting     112
Grand Total     156

Necessary to a choice     79

Of which Mr. Armstrong received     36

Of which Ms. Reddix-Smalls received     26

Of which Mrs. Thomas received     94

Whereupon, the President announced that the Honorable Paula Thomas having received a majority of the votes cast, was duly elected for the term prescribed by law.

ELECTION OF A CIRCUIT COURT
JUDGE, NINTH JUDICIAL CIRCUIT

The President announced that nominations were in order for a Circuit Court Judge, Ninth Judicial Circuit.

Rep. DELLENEY, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Dale L. DuTremble, Joseph S. Mendelsohn, Daniel F. Pieper, William L. Runyon, Jr., and James Turner.

Rep. DELLENEY stated that the following candidates had withdrawn from the election: Joseph S. Mendelsohn, William L. Runyon, Jr. and James Turner.

On motion of Rep. DELLENEY, nominations were closed.

The following named Senators voted for Mr. DuTremble:

Cork                   Fair                   Gregory
Land                   Lander                 Russell
Setzler                Short                  Washington

TOTAL--9

The following named Senators voted for Mr. Pieper:

Alexander              Boan                   Bryan
Courson                Courtney               Drummond
Elliott                Ford                   Giese
Hayes                  Holland                Hutto
Jackson                Leatherman             Martin
Matthews               McConnell              McGill
Mescher                Moore                  O'Dell
Passailaigue           Patterson              Peeler
Rankin                 Reese                  Richter
Rose                   Ryberg                 Saleeby
Smith, G.              Smith, J.V.            Thomas
Waldrep                Wilson

TOTAL--35

On motion of Rep. FLEMING, with unanimous consent, the Members of the House voted by electronic roll call.

The following named Representatives voted for Mr. DuTremble:

Baxley                 Cain                   Cotty
Cromer                 Fulmer                 Hallman
Hodges                 Jennings               Keegan
Kirsh                  Lanford                Limehouse
Martin                 McAbee                 Richardson
Rogers                 Seithel                Simrill
Spearman               Tripp                  Tucker
Wright

Total--22

The following named Representatives voted for Mr. Pieper:

Allison                Anderson               Bailey
Boan                   Breeland               Brown, G.
Brown, H.              Brown, J.              Byrd
Carnell                Cato                   Cave
Chamblee               Clyburn                Cobb-Hunter
Cooper                 Dantzler               Davenport
Delleney               Easterday              Felder
Fleming                Gamble                 Govan
Harrell                Harris, J.             Harvin
Herdklotz              Hines, J.              Hines, M.
Howard                 Hutson                 Inabinett
Jaskwhich              Kelley                 Keyserling
Kinon                  Klauber                Knotts
Koon                   Law                    Lee
Limbaugh               Littlejohn             Lloyd
Loftis                 Marchbanks             Mason
McCraw                 McElveen               McKay
McMahand               McTeer                 Meacham
Moody-Lawrence         Neal                   Neilson
Phillips               Quinn                  Rhoad
Rice                   Riser                  Robinson
Sandifer               Scott                  Sharpe
Shissias               Smith, D.              Smith, R.
Stille                 Stoddard               Stuart
Townsend               Trotter                Vaughn
Waldrop                Walker                 Wells
Whatley                Whipper, L.            Whipper, S.
White                  Wilder                 Wilkes
Wilkins                Williams               Witherspoon
Wofford                Young                  Young-Brickell

Total--90
RECAPITULATION

Total Number of Senators voting     44
Total Number of Representatives voting     112
Grand Total     156

Necessary to a choice     79

Of which Mr. DuTremble received     31

Of which Mr. Pieper received     125

Whereupon, the President announced that Mr. Daniel F. Pieper having received a majority of the votes cast, was duly elected for the term prescribed by law.

ELECTION OF A FAMILY COURT
JUDGE, THIRTEENTH JUDICIAL CIRCUIT, SEAT 1

The President announced that nominations were in order for a Family Court Judge, Thirteenth Judicial Circuit, Seat 1.

Rep. DELLENEY, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Stephen S. Bartlett and Timothy L. Brown.

Reps. SIMRILL and MEACHAM seconded the nomination of Mr. Bartlett.

On motion of Rep. DELLENEY, nominations were closed.

The following named Senators voted for Mr. Bartlett:

Boan                   Courson                Elliott
Fair                   Hayes                  Leatherman
Martin                 McConnell              Rose
Russell                Smith, J.V.            Thomas
Wilson

TOTAL--13

The following named Senators voted for Mr. Brown:

Alexander              Bryan                  Cork
Courtney               Drummond               Ford
Giese                  Glover                 Gregory
Holland                Hutto                  Jackson
Land                   Lander                 Matthews
McGill                 Mescher                Moore
O'Dell                 Passailaigue           Patterson
Peeler                 Rankin                 Reese
Richter                Ryberg                 Saleeby
Setzler                Short                  Smith, G.
Waldrep                Washington

TOTAL--32

On motion of Rep. FLEMING, with unanimous consent, the Members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Bartlett:

Allison                Anderson               Baxley
Boan                   Brown, H.              Brown, J.
Cain                   Cato                   Chamblee
Clyburn                Cooper                 Delleney
Easterday              Felder                 Fleming
Gamble                 Harrell                Harvin
Hines, M.              Jennings               Keegan
Kelley                 Kinon                  Klauber
Knotts                 Lanford                Law
Lee                    Limbaugh               Limehouse
Littlejohn             Marchbanks             Martin
Mason                  McAbee                 McCraw
McKay                  Meacham                Neilson
Quinn                  Rhoad                  Rice
Riser                  Robinson               Sandifer
Seithel                Sharpe                 Simrill
Smith, D.              Smith, R.              Spearman
Stoddard               Stuart                 Townsend
Tripp                  Trotter                Tucker
Vaughn                 Waldrop                Walker
Wells                  Wilkins                Witherspoon
Wright                 Young                  Young-Brickell

Total--66

The following named Representatives voted for Mr. Brown:

Askins                 Bailey                 Breeland
Brown, T.              Byrd                   Canty
Carnell                Cave                   Cobb-Hunter
Cotty                  Cromer                 Dantzler
Davenport              Govan                  Hallman
Harris, J.             Hines, J.              Hodges
Howard                 Hutson                 Inabinett
Jaskwhich              Keyserling             Kirsh
Koon                   Lloyd                  Loftis
McElveen               McMahand               McTeer
Moody-Lawrence         Neal                   Phillips
Richardson             Rogers                 Scott
Shissias               Stille                 Whatley
Whipper, L.            Whipper, S.            White
Wilder                 Wilkes                 Williams
Wofford

Total--46
RECAPITULATION

Total Number of Senators voting     45
Total Number of Representatives voting     112
Grand Total     157

Necessary to a choice     79

Of which Mr. Bartlett received     79

Of which Mr. Brown received     78

Whereupon, the President announced that Mr. Stephen S. Bartlett having received a majority of the votes cast, was duly elected for the term prescribed by law.

RECORD FOR VOTING

I voted for Mr. Bartlett but my vote did not register.

Rep. RONALD C. FULMER

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.

The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:35 P.M. the House resumed, the SPEAKER in the Chair.

Rep. YOUNG-BRICKELL moved that the House recede until 2:00 P.M., which was adopted.

THE HOUSE RESUMES

At 2:00 P.M. the House resumed, the SPEAKER in the Chair.

ACTING SPEAKER COOPER IN CHAIR
SPEAKER IN CHAIR
LEAVES OF ABSENCE

The SPEAKER granted Reps. WILKES and LOFTIS a leave of absence for the remainder of the day.

The SPEAKER granted Reps. J. BROWN and BYRD a temporary leave of absence.

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

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 22, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has granted Free Conference Powers and appointed Senators Giese, Fair and Reese of the Committee of Free Conference on the part of the Senate on S. 846:
S. 846 -- Senator Giese: 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 72 SO AS TO PROVIDE FOR THE ISSUANCE OF SOUTH CAROLINA OLYMPIC LICENSE PLATES.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 22, 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 Free Conference on S. 846:
S. 846 -- Senator Giese: 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 72 SO AS TO PROVIDE FOR THE ISSUANCE OF SOUTH CAROLINA OLYMPIC LICENSE PLATES.
Very respectfully,
President

Received as information.

S. 507--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 22, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 507 and asks for a Committee of Conference and has appointed Senators Wilson, O'Dell and Hayes of the Committee of Conference on the part of the Senate:
S. 507 -- Senator Wilson: A BILL TO AMEND SECTION 40-17-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF A PRIVATE DETECTIVE BUSINESS, SO AS TO REVISE THE QUALIFICATIONS AN APPLICANT WHO DESIRES TO OPERATE A PRIVATE DETECTIVE BUSINESS MUST POSSESS, AND TO ESTABLISH THE QUALIFICATIONS A PRIVATE DETECTIVE EMPLOYED BY A PRIVATE DETECTIVE BUSINESS MUST POSSESS.
Very respectfully,
President

Whereupon, the Chair appointed Reps. KIRSH, YOUNG-BRICKELL and WHATLEY to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

CONCURRENT RESOLUTION

The following was introduced:

H. 5057 -- Reps. Wilkins, Haskins, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, 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, J. Harris, P. Harris, Harrison, Harvin, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. LUCILE ROUKOS SHEHEEN OF CAMDEN, MOTHER OF OUR FRIEND AND DISTINGUISHED COLLEAGUE, THE HONORABLE ROBERT J. SHEHEEN, AND EXTENDING DEEPEST SYMPATHY TO ALL OF THE MEMBERS OF THE SHEHEEN FAMILY.

Whereas, Mrs. Lucile Roukos Sheheen of Camden died on May 21, 1996, at the age of eighty-three; and

Whereas, Mrs. Sheheen was the wife of Austin Moses Sheheen, Sr.; she was born in Summerton and was a daughter of the late Fred Joseph and Labiby Daou Roukos, both natives of Lebanon; Mrs. Sheheen was a member of Our Lady of Perpetual Help Catholic Church in Camden, and she is survived by her husband, her sons, Austin M. Sheheen, Jr., Fred R. Sheheen, Robert J. Sheheen, and E. Michael Sheheen, all of Camden, her sisters Marie R. Marsha of Columbia and BeBe R. Bailey of Camden, ten grandchildren, and twenty-one great grandchildren; and

Whereas, Mrs. Sheheen was an outstanding lady who was highly esteemed, admired, and loved by everyone who knew her; she was greatly dedicated to family, community, and Church, and she will be missed very much; and

Whereas, we received the news of Mrs. Sheheen's death with profound sorrow, and we want our dear friend Bob and all of the other members of the Sheheen family to know that they are uppermost in our thoughts and prayers and have our very deepest sympathy. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, express their profound sorrow at the death of Mrs. Lucile Roukos Sheheen of Camden, mother of our friend and distinguished colleague, the Honorable Robert J. Sheheen, and extend their deepest sympathy to all of the members of the Sheheen family.

Be it further resolved that a copy of this resolution be forwarded to The Honorable Robert J. Sheheen.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5058 -- Rep. Harvin: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING CARRIE SINKLER-PARKER OF ALCOLU ON RECEIVING THE FIRST ANNUAL MARY MCLEOD BETHUNE PERSEVERANCE, ACHIEVEMENT AND CHARITY AWARD.

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

HOUSE RESOLUTION

The following was introduced:

H. 5059 -- Reps. Delleney, Kirsh, Meacham, McCraw, Moody-Lawrence and Simrill: A HOUSE RESOLUTION RECOGNIZING AND HONORING THE HONORABLE JUANITA C. W. GOGGINS OF YORK COUNTY, THE FIRST AFRICAN-AMERICAN WOMAN TO BE ELECTED TO THE SOUTH CAROLINA GENERAL ASSEMBLY.

The Resolution was adopted.

S. 659--DEBATE ADJOURNED

Rep. D. SMITH moved to adjourn debate upon the following Bill until Thursday, May 23, which was adopted.

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.

S. 1152--DEBATE ADJOURNED

Rep. MARTIN moved to adjourn debate upon the following Bill, which was adopted.

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.

S. 929--RECONSIDERED AND ORDERED TO THIRD READING

The motion of Rep. SCOTT to reconsider the vote whereby debate was adjourned on the following Bill until Thursday, May 23 was taken up and agreed to.

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.

AMENDMENT NO. 1--MOTION TO RECONSIDER TABLED

The motion of Rep. ROBINSON to reconsider the vote whereby Amendment No. 1 was tabled was taken up.

Rep. RICHARDSON spoke in favor of the motion to reconsider.

Rep. WHITE spoke against the motion to reconsider.

Rep. JENNINGS moved to table the motion to reconsider, which was agreed to.

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

S. 1286--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. LIMBAUGH having the floor.

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.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, by the Committee on Judiciary.

The amendment was then adopted.

Rep. HUTSON proposed the following Amendment No. 3 (Doc Name P:\amend\PFM\9416AC.96), which was adopted.

Amend the Committee on Judiciary report, as and if amended, Section 20-7-2725(B), page 1286-1, by deleting line 42, and on page 1286-2, line 1, by deleting /services/.

Amend further, Section 20-7-2725, page 1286-2, by deleting subsection (D) and inserting:

/(D)     To be employed by or to provide caregiver services at a day care facility licensed, registered, or approved under this subarticle, a person first shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. A person may be provisionally employed or may provisionally provide caregiver services after the favorable completion of the State Law Enforcement Division fingerprint review and until such time as the Federal Bureau of Investigation review is completed if the person affirms in writing on a form provided by the department that he or she has not been convicted of any crime enumerated in this section. The results of the fingerprint reviews are valid and reviews are not required to be repeated as long as the person remains employed by or continues providing caregiver services in a day care center, group day care home, family day care home, or church or religious day care center; however, if a person is not employed or does not provide caregiver services for one year or longer, the fingerprint reviews must be repeated./

Amend further, Section 20-7-2730, page 1286-4, by deleting lines 6-17.

Amend further, Section 20-7-2740, page 1286-5, by deleting lines 7-18.

Amend further, Section 20-7-2740, page 1286-5, by deleting lines 29-35 and inserting:

/(F)     A licensee seeking license renewal under this section, its employees, and its caregivers, who have not done so previously, on the first renewal after June 30, 1995, or by June 30, 1996, whichever is later, shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history./

Amend further, Section 20-7-2810, page 1286-6, by deleting lines 30-37 and inserting:

/(D)     A person applying for approval renewal under this section, a person who will operate the facility, and its employees and caregivers, who have not done so previously, on the first approval renewal after June 30, 1995, or by June 30, 1996, whichever is later, shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history./

Amend further, Section 20-7-2860, page 1286-8, by deleting lines 33-41 and inserting:

/(C)     A person applying for renewal of registration as an operator of a family day care home registered under this chapter and a person employed or providing caregiver services at a family day care home registered under this chapter, who has not done so previously, on the first renewal after June 30, 1995 1996, or by June 30, 1996, whichever is later, shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history./

Amend further, Section 20-7-2900, page 1286-10, by deleting lines 3-11 and inserting:

/(G)     A person applying for renewal of a license or registration as an operator of a church or religious day care center licensed or registered under this chapter and a person employed or registered under this chapter, who has not done so previously, on the first renewal after June 30, 1995 1996, or by June 30, 1996, whichever is later, shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history./

Amend further, page 1286-11, by deleting SECTIONS 14 and 15 and inserting:

/SECTION     14.     Notwithstanding any provision of this act, no operator or employee of or person providing caregiver services at a child day care center, group day care home, family day care home, or church or religious day care center is required to undergo a state fingerprint review conducted by the State Law Enforcement Division or the Federal Bureau of Investigation if the person continuously has operated or has been employed by or has provided caregiver services in a child day care center, group day care home, family day care home, or church or religious day care center in this State since July 1, 1991, and, as of this act's effective date, the person has undergone a criminal record check from the State Law Enforcement Division. Following this act's effective date, if the person no longer operates or is not employed by or does not provide caregiver services in a child day care center, group day care home, family day care home, or church or religious day care center for one year or longer, the person must comply with the fingerprint requirements of this act. Additionally, no person fifteen years of age or older who, on this act's effective date, lives in the home of a person who is a registered operator of a family day care home is required to undergo the state fingerprint review as required by Section 20-7-2850(C) of the 1976 Code, as amended in Section 9 of this act.

SECTION     15.     This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend totals and title to conform.

Rep. HUTSON explained the amendment.

ACTING SPEAKER CATO IN CHAIR

Rep. HUTSON continued speaking.

The amendment was then adopted.

Reps. LIMBAUGH and MARTIN proposed the following Amendment No. 4, which was adopted.

Amend Section 17-22-90(6), if and as amended, by striking "fourteen" and inserting "sixteen".

Rep. LIMBAUGH explained the amendment.

The amendment was then adopted.

Reps. HODGES and BOAN proposed the following Amendment No. 5 (Doc Name P:\amend\JIC\6074HTC.96), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___.     Eligibility for participation in the State Employee Adoption Assistance Program established pursuant to Section 2(15) of Joint Resolution 528 of 1994 is extended to local law enforcement officers. All provisions applicable to that program apply with respect to this newly eligible class, mutatis mutandis./

Renumber sections to conform.

Amend title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

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

ORDERED TO THIRD READING

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

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.

Rep. CROMER explained the Bill.

S. 1366 -- Senator Holland: A BILL TO AMEND SECTION 58-23-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING CERTAIN MOTOR VEHICLE CARRIER LAWS, SO AS TO PROVIDE THAT CORPORATE OFFICERS, AGENTS, OR EMPLOYEES OR OTHER PERSONS OPERATING AS A PASSENGER CARRIER WHO VIOLATE OR WHO AID AND ABET IN THE VIOLATION OF CERTIFICATION AND REGISTRATION REQUIREMENTS ARE GUILTY OF A MISDEMEANOR AND ARE SUBJECT TO SPECIFIED PENALTIES FOR VIOLATION, AND TO PROVIDE THAT CORPORATE OFFICERS, AGENTS, OR EMPLOYEES OR OTHER PERSONS OPERATING AS A CARRIER OF HOUSEHOLD GOODS OR AS A CARRIER OF HAZARDOUS WASTE FOR DISPOSAL WHO VIOLATE OR WHO AID AND ABET IN THE VIOLATION OF CERTIFICATION AND REGISTRATION REQUIREMENTS ARE GUILTY OF A MISDEMEANOR AND ARE SUBJECT TO OTHER SPECIFIED PENALTIES FOR VIOLATION; AND TO REPEAL SECTION 15-9-340 OF THE 1976 CODE RELATING TO SERVICE OF PROCESS ON MOTOR VEHICLE CARRIERS.

Rep. JENNINGS explained the Bill.

S. 1219--POINT OF ORDER

The following Bill was taken up.

S. 1219 -- Education Committee: A BILL TO AMEND SECTION 59-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO KINDERGARTEN PROGRAMS, SO AS TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 1996-97, THE BOARD OF TRUSTEES OF A DISTRICT SHALL IMPLEMENT FULL-DAY AS WELL AS HALF-DAY FIVE-YEAR-OLD KINDERGARTEN PROGRAMS, TO PROVIDE THAT PARENTS OF CHILDREN WHO ARE ELIGIBLE TO ATTEND FIVE-YEAR-OLD KINDERGARTEN MAY ELECT AT THEIR OPTION EITHER THE FULL-DAY OR HALF-DAY PROGRAM FOR THEIR CHILDREN, TO REQUIRE CERTAIN NOTICES FOR PURPOSES OF THESE KINDERGARTEN PROGRAMS, AND TO PROVIDE FOR THE MANNER IN WHICH CHILDREN ATTENDING THESE PROGRAMS SHALL BE COUNTED FOR PURPOSES OF COMPUTING AVERAGE DAILY MEMBERSHIP; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-35-20 SO AS TO PROVIDE PROCEDURES FOR SCHOOL DISTRICTS AND SCHOOLS TO OBTAIN WAIVERS FROM THE ABOVE REQUIREMENTS THAT FULL-DAY AND HALF-DAY FIVE-YEAR-OLD KINDERGARTEN PROGRAMS BE ESTABLISHED.

POINT OF ORDER

Rep. ROBINSON 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.

ACTING SPEAKER CATO sustained the Point of Order.

SPEAKER IN CHAIR
S. 378--OBJECTION WITHDRAWN

Rep. TUCKER withdrew his objection to S. 378 however, other objections remained upon the Bill.

S. 1160--OBJECTIONS WITHDRAWN

Reps. INABINETT and CAVE withdrew their objections to the following Bill.

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.

OBJECTION TO RECALL

Rep. McELVEEN asked unanimous consent to recall S. 1037 from the Committee on Judiciary.

Rep. TOWNSEND objected.

OBJECTION TO RECALL

Rep. LIMBAUGH asked unanimous consent to recall S. 1047 from the Committee on Judiciary.

Rep. NEAL objected.

OBJECTION TO RECALL

Rep. CAIN asked unanimous consent to recall H. 3263 from the Committee on Ways and Means.

Rep. HALLMAN objected.

OBJECTION TO RECALL

Rep. JENNINGS asked unanimous consent to recall S. 862 from the Committee on Judiciary.

Rep. YOUNG-BRICKELL objected.

OBJECTION TO RECALL

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

Rep. CATO objected.

OBJECTION TO RECALL

Rep. McELVEEN asked unanimous consent to recall S. 1037 from the Committee on Judiciary.

Rep. FLEMING objected.

OBJECTION TO RECALL

Rep. D. SMITH asked unanimous consent to recall S. 265 from the Committee on Judiciary.

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. SCOTT objected.

OBJECTION TO RECALL

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

Rep. SCOTT objected.

H. 4159--DEBATE ADJOURNED

The veto on the following Act was taken up.

(R382) H. 4159 -- Ways and Means Committee: AN ACT TO AMEND CHAPTER 21, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS LICENSE TAXES, BY ADDING ARTICLE 24 ENACTING THE BINGO TAX ACT OF 1996 SO AS TO REGULATE THE GAME OF BINGO AND PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO ALLOW THE DEDUCTION OF BINGO PRIZES AND WINNINGS; TO PROVIDE THAT ALL CURRENT BINGO LICENSES EXPIRE AFTER SEPTEMBER 30, 1997, TO SAVE PROCEEDINGS UNDERWAY ON OCTOBER 1, 1997, AND PROVIDE FOR THEIR DISPOSITION UNDER FORMER LAW; TO REPEAL ARTICLE 23, CHAPTER 21, TITLE 12, RELATING TO BINGO REGULATION; AND TO PROVIDE THAT THE BINGO TAX ACT OF 1996 TAKES EFFECT OCTOBER 1, 1997.

Rep. KIRSH moved to adjourn debate upon the veto until Thursday, May 23, which was adopted.

ACTING SPEAKER CATO IN CHAIR
LEAVE OF ABSENCE

ACTING SPEAKER CATO granted Rep. LIMEHOUSE a leave of absence for the remainder of the day.

S. 846---FREE CONFERENCE REPORT ADOPTED
FREE CONFERENCE REPORT
The General Assembly, Columbia, S.C., May 22, 1996

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 846 -- Senator Giese: 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 72 SO AS TO PROVIDE FOR THE ISSUANCE OF SOUTH CAROLINA OLYMPIC LICENSE PLATES.
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 the bill in its entirety an inserting therein the following:

/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 72 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL OLYMPIC LICENSE PLATES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION     1.     Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 72
Special Olympic License Plates

Section 56-3-7700.     (A)     The department may issue special motor vehicle license plates commemorating the Special Olympics which may have imprinted on the plates an emblem, seal, or other symbol approved by the South Carolina Special Olympics and the department. The fee for this special license plate is fifty dollars every two years in addition to the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title. This special license plate must be the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.

(B)     The fees collected pursuant to this section, after the costs to produce and administer the distribution of this special license plate have been satisfied, must be distributed to the South Carolina Special Olympics."

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

-----XX-----/

Amend title to conform.

/s/Warren K. Giese                /s/Marion P. Carnell
/s/Glenn G. Reese                 /s/Harry M. Hallman, Jr.
/s/Michael L. Fair                /s/Juanita M. White
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.

H. 3915--INTERRUPTED DEBATE

Debate was resumed on the Senate amendments to the following Bill, the pending question being the consideration of Senate amendments.

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.

Rep. DAVENPORT proposed the following Amendment No. 1A (Doc Name P:\amend\JIC\6007AC.96), which was adopted.

Amend the committee report, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___.     Notwithstanding any other provision of the law to the contrary, no portion of Chapter 7 of Title 44 of the South Carolina Code of Laws, 1976, except for Article 4 of Chapter 7 of Title 44, or any portion of any act authorizing, creating, or establishing any entity for the purpose of rendering health care services or providing hospital facilities is intended to confer immunity from challenge under the federal or state antitrust laws. The phrase "federal or state antitrust laws" shall be defined as provided in Section 44-7-510(8) of the 1976 Code./

Renumber sections to conform.

Amend title to conform.

Rep. DAVENPORT explained the amendment.

The amendment was then adopted.

Rep. CROMER proposed the following Amendment No. 2A (Doc Name P:\amend\JIC\6020HTC.96), which was rejected.

Amend the bill, as and if amended, page 6, by striking SECTION 9 and inserting:

/SECTION     9.     Notwithstanding any other provision of law, including Paragraph 72.25, Part IB of the annual general appropriations act for fiscal year 1996-97 or any other provisions of that act, state officers and employees must get no special treatment with respect to copayments and deductibles otherwise required to be paid under the state health insurance plan for hospital services at MUSC Hospital or its successor in interest./

Amend title to conform.

Rep. CROMER explained the amendment.

Rep. FELDER spoke against the amendment and moved to table the amendment.

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

Yeas 12; Nays 75

Those who voted in the affirmative are:

Askins                 Boan                   Cain
Felder                 Fleming                Fulmer
Riser                  Tucker                 Waldrop
Wilder                 Witherspoon            Young-Brickell

Total--12

Those who voted in the negative are:

Anderson               Baxley                 Breeland
Brown, G.              Brown, T.              Canty
Cato                   Cave                   Cobb-Hunter
Cooper                 Cotty                  Cromer
Dantzler               Davenport              Delleney
Easterday              Gamble                 Hallman
Harrell                Harris, J.             Harvin
Herdklotz              Hines, J.              Hines, M.
Hodges                 Hutson                 Inabinett
Jaskwhich              Jennings               Keegan
Keyserling             Kinon                  Kirsh
Knotts                 Koon                   Lanford
Lee                    Limbaugh               Littlejohn
Lloyd                  Marchbanks             Mason
McCraw                 McKay                  McTeer
Meacham                Moody-Lawrence         Neal
Neilson                Phillips               Rhoad
Rice                   Richardson             Robinson
Sandifer               Scott                  Seithel
Shissias               Simrill                Smith, D.
Smith, R.              Spearman               Stille
Stoddard               Stuart                 Townsend
Tripp                  Trotter                Walker
Whatley                White                  Wilkins
Wofford                Wright                 Young

Total--75

So, the House refused to table the amendment.

RECORD FOR VOTING

I came into the Chamber late and inadvertently voted wrong on Amendment #2A of H. 3915. I support the amendment.

Rep. RONALD N. FLEMING

Rep. FELDER spoke against the amendment.

POINT OF ORDER

Rep. KLAUBER raised the Point of Order that Amendment No. 2A was out of order as it was not germane in that it dealt with the Appropriations Bill and not the proposed lease agreement between MUSC and Columbia HCA.

Rep. CROMER stated that it specifically dealt with a topic put in by the Senate, which was no extension of the copayment benefits for legislators and senators and it was germane.

Rep. KLAUBER continued to argue that it was not germane to the lease agreement.

ACTING SPEAKER CATO stated that it tied into Section 9 as it came over from the Senate and he overruled the Point of Order.

Rep. ROBINSON spoke upon the amendment.

Rep. CROMER spoke in favor of the amendment.

Rep. BOAN spoke against the amendment.

Rep. QUINN moved to table the amendment.

POINT OF ORDER

Rep. CROMER raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.

The question then recurred to the adoption of the amendment.

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

Yeas 7; Nays 94

Those who voted in the affirmative are:

Cromer                 Jaskwhich              Kirsh
Meacham                Simrill                Stuart
Tripp

Total--7

Those who voted in the negative are:

Allison                Anderson               Askins
Baxley                 Boan                   Breeland
Brown, H.              Brown, T.              Cain
Canty                  Carnell                Cato
Cave                   Clyburn                Cobb-Hunter
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Felder                 Fleming                Fulmer
Gamble                 Hallman                Harrell
Harris, J.             Harvin                 Herdklotz
Hines, J.              Hines, M.              Howard
Hutson                 Inabinett              Jennings
Keegan                 Kelley                 Keyserling
Kinon                  Klauber                Knotts
Koon                   Lanford                Law
Lee                    Limbaugh               Littlejohn
Lloyd                  Marchbanks             Mason
McAbee                 McCraw                 McElveen
McKay                  McMahand               McTeer
Moody-Lawrence         Neal                   Neilson
Phillips               Quinn                  Rhoad
Rice                   Richardson             Riser
Robinson               Rogers                 Sandifer
Scott                  Seithel                Sharpe
Shissias               Smith, D.              Smith, R.
Spearman               Stille                 Stoddard
Townsend               Trotter                Tucker
Vaughn                 Waldrop                Walker
Whatley                Whipper, L.            White
Wilder                 Wilkins                Witherspoon
Wofford                Wright                 Young
Young-Brickell

Total--94

So, the amendment was rejected.

Reps. QUINN, LOFTIS, SANDIFER, SEITHEL, TRIPP, KIRSH, RICE, LITTLEJOHN, DAVENPORT, SHISSIAS and HODGES proposed the following Amendment No. 6A (Doc Name P:\amend\GJK\22909AC.96), which was tabled.

Amend the bill, as and if amended, in Section 44-7-3110(7), page 3, by deleting lines 36 through 39 and inserting:

/lease or sale must be returned to the general fund of the State./

Renumber sections to conform.

Amend totals and title to conform.

Rep. QUINN explained the amendment.

Rep. KLAUBER spoke against the amendment.

Rep. QUINN spoke in favor of the amendment.

Rep. KLAUBER moved to table the amendment.

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

Yeas 53; Nays 49

Those who voted in the affirmative are:

Anderson               Baxley                 Boan
Breeland               Brown, G.              Brown, H.
Cain                   Carnell                Cato
Clyburn                Cooper                 Cotty
Dantzler               Felder                 Fleming
Fulmer                 Gamble                 Harrell
Harvin                 Hines, J.              Jaskwhich
Jennings               Keegan                 Kelley
Kinon                  Klauber                Koon
Law                    Limbaugh               McAbee
McKay                  McMahand               McTeer
Moody-Lawrence         Riser                  Robinson
Sharpe                 Smith, D.              Smith, R.
Spearman               Stoddard               Stuart
Trotter                Tucker                 Whatley
Whipper, L.            Whipper, S.            Wilder
Wilkins                Witherspoon            Wofford
Young                  Young-Brickell

Total--53

Those who voted in the negative are:

Allison                Brown, J.              Brown, T.
Canty                  Cobb-Hunter            Cromer
Davenport              Delleney               Easterday
Govan                  Hallman                Harris, J.
Herdklotz              Hines, M.              Hodges
Howard                 Hutson                 Inabinett
Keyserling             Kirsh                  Knotts
Lanford                Lee                    Littlejohn
Lloyd                  Marchbanks             Mason
McCraw                 McElveen               Meacham
Neal                   Neilson                Phillips
Quinn                  Rhoad                  Rice
Rogers                 Sandifer               Seithel
Shissias               Simrill                Stille
Townsend               Tripp                  Vaughn
Waldrop                Walker                 White
Wright

Total--49

So, the amendment was tabled.

Rep. LANFORD proposed the following Amendment No. 7A, which was ruled out of order.

Amend the bill, as and if amended, page on page 8, Section 1, Paragraph (B) (9), Line 41, add the following:

"Notwithstanding any other provision of the law to the contrary, each regional medical center which is the provider of a "Sole Provider Service" as hereinafter defined shall make each Sole Provider Service available on equal prices and terms to all persons. The price and terms for each Sole Provider Service shall be determined at the sole discretion of the regional medical center and discounts required by law in connection with Medicare, Medicaid, Champus or any other state or federal program shall not be required to be made available to those not other entitled to such discounts. For purposes of this section, a "Sole Provider Service" shall mean a specific program, facility or service for:

(i)     the highest level neonatal intensive care unit accredited by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO),

(ii)     a specific-purpose burn unit accredited by JCAHO,

(iii)     the highest level pediatric intensive care unit accredited by JCAHO,

(iv)     specialized pediatric tertiary and quartinary services,

(v)     organ, bone marrow and other transplant services,

(vi)     the highest level trauma center accredited by JCAHO those services provided by a medical center or,

(vii)     open-heart surgery which specific program, facility or service is only provided by one regional medical center in the county in which the regional medical center is located.

For purposes of this section, a "regional medical center" shall mean a general acute care hospital, other than a hospital owned by the federal government, which is located in a county in which there is at least one other general acute care hospital and the term shall include affiliates of such hospital under common control."

Rep. LANFORD explained the amendment.

POINT OF ORDER

Rep. FELDER raised the Point of Order that Amendment No. 7A was out of order as it was not germane.

Rep. LANFORD argued contra the Point in stating that his amendment related to points in the contract which was a part of the merger.

Rep. FELDER stated that the thrust of the amendment was to set a price for certain health care services and the argument that was being made was more directed toward the certificate of need process.

Rep. LANFORD stated that the amendment directed them on how they could enter into the contract which was a part of what was being discussed.

Rep. SEITHEL stated that the amendment did not fix prices.

Rep. LANFORD stated that the point that was being argued was the fact that when there was only one hospital in South Carolina that could provide certain services.

Rep. QUINN stated that if leasing state hospitals was germane, then certainly dealing with HCA, which was a part of the Bill, was germane.

Rep. ROBINSON stated that the amendment defined a regional medical center as a general acute care hospital other than a hospital owned by the federal government and that was certainly not a reference to MUSC and that the amendment was broader than the Bill.

Rep. LANFORD continued to argue, citing the amendment.

Rep. QUINN stated that the Bill did now deal with merging health care facilities with a private corporation.

ACTING SPEAKER CATO stated that the amendment was broader than MUSC and he sustained the Point of Order and ruled the amendment out of order.

SPEAKER IN CHAIR

Reps. S. WHIPPER, SEITHEL and HALLMAN proposed the following Amendment No. 9A, which was tabled.

Amend the bill, as and if amended, on page 11 strike Section 10 in its entirety, and on page 8, line 8, add a new paragraph to read:

/Until such time as the operator of the MUSC Medical Center constructs a Level I emergency room to serve the MUSC Medical Center, the Charleston Memorial Hospital emergency room shall continue to be a treatment center and admission point for both Charleston Memorial Hospital and MUSC Medical Center, with the continued right to admit emergency room patients to either the MUSC Medical Center or the Charleston Memorial Hospital. At all times during the term of the lease, there shall be a Level I emergency room serving and admitting patients to the MUSC Medical Center.

Rep. S. WHIPPER explained the amendment.

POINT OF ORDER

Rep. FELDER raised the Point of Order that Amendment No. 9A was out of order as it was not germane in that it directly related to a Charleston County emergency room which was not in existence and would cause the people from all over the State to pay and that it did not relate to the subject matter of the Bill as put in by the Senate.

Rep. S. WHIPPER argued contra the Point in stating that it related to the structure of MUSC as it related to the services they provide as well as the hospital. He further stated that it meant as far as the lease arrangement was concerned, it meant the division of the services from the college and hospital.

The SPEAKER stated that it had to tie back in to a specific section of the Bill.

Rep. S. WHIPPER cited Section A of the section under 44-7-3110.

Rep. SEITHEL cited Page 11 of Section 10 and stated that the amendment dealt with the emergency room at Charleston Memorial Hospital.

The SPEAKER questioned that Section 10 stated that you had to maintain the current level and the amendment would require an additional emergency room in certain cases.

Rep. SEITHEL stated that the only time it would require an additional emergency room was if the Medical University or the Columbia HCA decided to close the emergency room at Charleston Memorial.

The SPEAKER stated that it did tie in with Section 10 and he overruled the Point of Order.

Reps. L. WHIPPER and SEITHEL spoke in favor of the amendment.

Rep. FELDER moved to table the amendment, which was agreed to.

Reps. SEITHEL, BREELAND and S. WHIPPER proposed the following Amendment No. 10A, which was tabled.

Amend the bill, as and if amended, on page ___, by adding an appropriately numbered new SECTION to read:

Change "indigent care in the same manner as is being provided by the Medical University of South Carolina through the operation of this Medical University Hospital and its clinical programs" to "charity care in an amount not less than 5.5% of total gross charges as verified annually to the Medical University of South Carolina Board of Trustees." Add as an additional sentence: "Until such time as the operator of the MUSC Medical Center constructs a Level I emergency room to serve the MUSC Medical Center, the Charleston Memorial Hospital emergency room shall continue to be a treatment center and admission point for both Charleston Memorial Hospital and MUSC Medical Center, with the continued right to admit emergency room patients to either the MUSC Medical Center or the Charleston Memorial Hospital. At all times during the term of the lease, there shall be a Level I emergency room serving and admitting patients to the MUSC Medical Center." If any of the provisions in this section are not met, MUSC may terminate the lease without penalty.

Rep. SEITHEL explained the amendment.

Rep. FELDER moved to table the amendment.

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

Yeas 56; Nays 45

Those who voted in the affirmative are:

Allison                Boan                   Brown, H.
Cain                   Carnell                Cato
Cotty                  Cromer                 Dantzler
Easterday              Felder                 Fleming
Fulmer                 Gamble                 Harrell
Harris, J.             Jaskwhich              Keegan
Kelley                 Kinon                  Klauber
Knotts                 Koon                   Law
Limbaugh               Marchbanks             Mason
McAbee                 McKay                  Meacham
Rhoad                  Rice                   Richardson
Riser                  Robinson               Sharpe
Simrill                Smith, D.              Smith, R.
Spearman               Stille                 Stoddard
Stuart                 Townsend               Trotter
Tucker                 Vaughn                 Walker
Wells                  Whatley                Wilder
Wilkins                Witherspoon            Wofford
Wright                 Young-Brickell

Total--56

Those who voted in the negative are:

Anderson               Baxley                 Breeland
Brown, G.              Brown, J.              Brown, T.
Byrd                   Canty                  Clyburn
Cobb-Hunter            Davenport              Delleney
Hallman                Harvin                 Herdklotz
Hines, J.              Howard                 Hutson
Inabinett              Jennings               Keyserling
Kirsh                  Lanford                Lee
Littlejohn             Lloyd                  Martin
McCraw                 McElveen               McMahand
McTeer                 Moody-Lawrence         Neal
Neilson                Phillips               Quinn
Sandifer               Scott                  Seithel
Shissias               Tripp                  Whipper, L.
Whipper, S.            White                  Young

Total--45

So, the amendment was tabled.

LEAVE OF ABSENCE

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

ACTING SPEAKER HARRELL IN CHAIR

Rep. QUINN proposed the following Amendment No. 13A (Doc Name P:\amend\GJK\22906AC.96), which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION     ____.     Notwithstanding any other provision of law to the contrary, upon approval of the proposed sale or lease of MUSC's facilities and assets, no bonded indebtedness shall be defeased or satisfied unless or until it has been established that there is de minimis risk that the transaction is void whether by reason or unconstitutionality or otherwise. De Minimis risk must be established by a final and unappealable decision of a competent court that the agreements are legal and enforceable./

Renumber sections to conform.

Amend totals and title to conform.

Rep. QUINN explained the amendment.

Rep. FELDER spoke against the amendment.

Rep. HUTSON spoke in favor of the amendment.

Rep. FELDER moved to table the amendment.

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

Yeas 60; Nays 36

Those who voted in the affirmative are:

Allison                Baxley                 Boan
Brown, G.              Brown, H.              Brown, T.
Cain                   Carnell                Cooper
Cotty                  Dantzler               Felder
Fulmer                 Gamble                 Hallman
Harrell                Harvin                 Herdklotz
Hines, J.              Hodges                 Jaskwhich
Jennings               Keegan                 Kelley
Keyserling             Klauber                Knotts
Koon                   Lanford                Law
Limbaugh               Martin                 Mason
McAbee                 McKay                  Neilson
Rhoad                  Rice                   Riser
Rogers                 Sandifer               Sharpe
Smith, D.              Smith, R.              Spearman
Stille                 Stoddard               Stuart
Townsend               Tucker                 Vaughn
Walker                 Whatley                Wilder
Wilkins                Witherspoon            Wofford
Wright                 Young                  Young-Brickell

Total--60

Those who voted in the negative are:

Anderson               Breeland               Byrd
Cave                   Cobb-Hunter            Cromer
Davenport              Delleney               Easterday
Fleming                Harris, J.             Howard
Hutson                 Inabinett              Kinon
Kirsh                  Littlejohn             Lloyd
Marchbanks             McCraw                 McElveen
McMahand               Meacham                Moody-Lawrence
Neal                   Phillips               Quinn
Seithel                Shissias               Simrill
Tripp                  Trotter                Waldrop
Whipper, L.            Whipper, S.            White

Total--36

So, the amendment was tabled.

AMENDMENT NO. 6A--MOTION TO RECONSIDER TABLED

Rep. FLEMING moved to reconsider the vote whereby Amendment No. 6A was tabled.

Rep. FELDER moved to table the motion to reconsider.

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

Yeas 63; Nays 34

Those who voted in the affirmative are:

Allison                Baxley                 Boan
Breeland               Brown, G.              Brown, H.
Brown, J.              Byrd                   Cain
Carnell                Cato                   Cave
Cobb-Hunter            Cooper                 Dantzler
Felder                 Fulmer                 Gamble
Harrell                Harvin                 Herdklotz
Hines, J.              Jaskwhich              Jennings
Keegan                 Kelley                 Keyserling
Kinon                  Klauber                Knotts
Koon                   Law                    Limbaugh
Lloyd                  Martin                 Mason
McKay                  McTeer                 Neilson
Richardson             Robinson               Sandifer
Scott                  Sharpe                 Smith, D.
Smith, R.              Spearman               Stille
Townsend               Trotter                Tucker
Vaughn                 Walker                 Wells
Whatley                Whipper, L.            Whipper, S.
White                  Wilkins                Witherspoon
Wofford                Young                  Young-Brickell

Total--63

Those who voted in the negative are:

Anderson               Brown, T.              Davenport
Delleney               Easterday              Fleming
Hallman                Harris, J.             Hodges
Howard                 Hutson                 Inabinett
Kirsh                  Lanford                Littlejohn
Marchbanks             McCraw                 McElveen
McMahand               Meacham                Moody-Lawrence
Neal                   Phillips               Quinn
Rhoad                  Rice                   Riser
Seithel                Shissias               Simrill
Stoddard               Tripp                  Waldrop
Wilder

Total--34

So, the motion to reconsider was tabled.

Rep. KIRSH proposed the following Amendment No. 14A, which was tabled.

Amend the bill, as and if amended, strike on page 9, on line 24, after "code":

/and compliance with the provisions of this act is exclusive and shall satisfy the approval requirements of any and all other statutory provisions requiring the review and/or approval of any agency, department or division.

Rep. KIRSH explained the amendment.

Rep. BOAN spoke against the amendment.

Rep. SEITHEL spoke in favor of the amendment.

SPEAKER IN CHAIR

Rep. SEITHEL continued speaking.

Rep. FELDER moved to table the amendment.

Rep. KIRSH demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 37 to 21.

Rep. SEITHEL proposed the following Amendment No. 16A, which was tabled.

Amend the bill, as and if amended, on page 11, line 1 strike SECTION 6 and insert the following to read:

/SECTION ___ Notwithstanding any other provision of law to the contrary, upon approval of the proposed sale or lease of MUSC's facilities and assets, nothing shall be deemed to require MUSC or the State of South Carolina to pay any sum for the return of its own real property at the expiration of the lease.

Rep. SEITHEL explained the amendment.

Rep. FELDER moved to table the amendment.

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

Yeas 49; Nays 36

Those who voted in the affirmative are:

Allison                Boan                   Cain
Carnell                Cato                   Cotty
Felder                 Fulmer                 Gamble
Harrell                Harvin                 Herdklotz
Hines, J.              Hodges                 Jaskwhich
Keegan                 Keyserling             Kinon
Klauber                Knotts                 Koon
Law                    Limbaugh               Mason
McKay                  McMahand               McTeer
Rhoad                  Rice                   Richardson
Riser                  Robinson               Sandifer
Sharpe                 Smith, D.              Smith, R.
Spearman               Stuart                 Townsend
Trotter                Tucker                 Vaughn
Walker                 Wells                  Whatley
Wilkins                Witherspoon            Wofford
Young-Brickell

Total--49

Those who voted in the negative are:

Anderson               Baxley                 Breeland
Brown, J.              Byrd                   Cave
Dantzler               Davenport              Delleney
Easterday              Hallman                Harris, J.
Howard                 Hutson                 Inabinett
Kirsh                  Lanford                Littlejohn
Lloyd                  Marchbanks             McCraw
McElveen               Meacham                Moody-Lawrence
Phillips               Quinn                  Scott
Seithel                Shissias               Simrill
Stille                 Stoddard               Waldrop
Whipper, L.            Whipper, S.            Wilder

Total--36

So, the amendment was tabled.

Rep. SEITHEL proposed the following Amendment No. 17A, which was tabled.

Amend the bill, as and if amended, page ___, by adding an appropriately numbered new SECTION to read:

/SECTION ___ Notwithstanding any other provision of law to the contrary, upon approval of the proposed sale or lease of MUSC's facilities and assets, the transaction shall not be finalized until an independent appraisal has been conducted of all of MUSC's property and equipment that will be affected by the lease and the purchasing or leasing Company pays fair market value for that equipment and property.

Rep. SEITHEL explained the amendment.

Rep. KLAUBER moved to table the amendment.

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

Yeas 57; Nays 23

Those who voted in the affirmative are:

Allison                Boan                   Brown, H.
Cain                   Carnell                Cato
Cooper                 Cotty                  Dantzler
Easterday              Felder                 Fleming
Fulmer                 Gamble                 Harrell
Harris, J.             Harvin                 Herdklotz
Hines, J.              Hutson                 Jaskwhich
Keegan                 Keyserling             Kinon
Klauber                Knotts                 Koon
Lanford                Law                    Limbaugh
Mason                  McKay                  McTeer
Rhoad                  Rice                   Richardson
Riser                  Robinson               Sharpe
Simrill                Smith, D.              Smith, R.
Spearman               Stille                 Stuart
Townsend               Tucker                 Vaughn
Walker                 Wells                  Whatley
Wilder                 Wilkins                Witherspoon
Wofford                Wright                 Young-Brickell

Total--57

Those who voted in the negative are:

Anderson               Baxley                 Brown, J.
Davenport              Delleney               Hallman
Howard                 Kirsh                  Littlejohn
McCraw                 Meacham                Moody-Lawrence
Neilson                Phillips               Quinn
Sandifer               Seithel                Shissias
Stoddard               Trotter                Waldrop
Whipper, L.            Whipper, S.

Total--23

So, the amendment was tabled.

Rep. HOWARD moved that the House do now adjourn.

Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:

Yeas 16; Nays 75

Those who voted in the affirmative are:

Anderson               Baxley                 Cave
Davenport              Hallman                Harris, J.
Howard                 Lloyd                  Martin
McKay                  McMahand               Rhoad
Scott                  Stuart                 Whipper, S.
White

Total--16

Those who voted in the negative are:

Allison                Boan                   Brown, H.
Brown, J.              Byrd                   Cain
Carnell                Cato                   Cooper
Cotty                  Cromer                 Dantzler
Delleney               Easterday              Felder
Fleming                Fulmer                 Gamble
Harrell                Harvin                 Herdklotz
Hines, J.              Hutson                 Jaskwhich
Keegan                 Kelley                 Keyserling
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Limbaugh               Littlejohn
Marchbanks             Mason                  McCraw
McTeer                 Meacham                Moody-Lawrence
Neilson                Phillips               Quinn
Rice                   Richardson             Riser
Robinson               Sandifer               Seithel
Sharpe                 Shissias               Simrill
Smith, D.              Smith, R.              Spearman
Stille                 Stoddard               Townsend
Tripp                  Trotter                Tucker
Vaughn                 Waldrop                Walker
Wells                  Whatley                Whipper, L.
Wilder                 Wilkins                Witherspoon
Wofford                Wright                 Young-Brickell

Total--75

So, the House refused to adjourn.

LEAVE OF ABSENCE

The SPEAKER granted Rep. SPEARMAN a leave of absence for the remainder of the day due to a commitment scheduled at Saluda High School awards night.

Rep. SEITHEL proposed the following Amendment No. 18A, which was tabled.

Amend the bill, as and if amended, page ___, by adding an appropriately numbered new SECTION to read:

/Prior to the purchasing or leasing company selling or assigning their interest in the Medical University facilities, the purchasing or leasing company must first seek approval of the General Assembly and the Budget and Control Board.

Rep. SEITHEL explained the amendment.

Rep. FELDER moved to table the amendment.

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

Yeas 44; Nays 35

Those who voted in the affirmative are:

Allison                Baxley                 Boan
Brown, H.              Cain                   Carnell
Cato                   Cooper                 Cotty
Dantzler               Felder                 Fulmer
Gamble                 Harrell                Harvin
Herdklotz              Jaskwhich              Jennings
Keegan                 Kelley                 Kinon
Klauber                Knotts                 Koon
Law                    Limbaugh               Mason
McKay                  Quinn                  Rice
Riser                  Sharpe                 Smith, D.
Smith, R.              Tucker                 Walker
Wells                  Whatley                Wilder
Wilkins                Witherspoon            Wofford
Wright                 Young-Brickell

Total--44

Those who voted in the negative are:

Anderson               Breeland               Brown, J.
Byrd                   Davenport              Delleney
Easterday              Govan                  Hallman
Harris, J.             Howard                 Hutson
Inabinett              Keyserling             Kirsh
Lanford                Lloyd                  Marchbanks
McCraw                 McElveen               Moody-Lawrence
Neilson                Phillips               Richardson
Robinson               Sandifer               Scott
Seithel                Shissias               Simrill
Stoddard               Tripp                  Trotter
Whipper, L.            Whipper, S.

Total--35

So, the amendment was tabled.

Rep. SEITHEL proposed the following Amendment No. 19A (Doc Name P:\amend\JIC\6080AC.96), which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___.     The State and the Medical University of South Carolina shall not at any time be obligated to purchase or lease any facilities belonging to any shells of the for-profit entity or the for-profit entity itself./

Renumber sections to conform.

Amend title to conform.

Rep. SEITHEL explained the amendment.

Rep. FELDER moved to table the amendment.

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

Yeas 53; Nays 39

Those who voted in the affirmative are:

Allison                Baxley                 Boan
Brown, G.              Brown, H.              Brown, T.
Cain                   Carnell                Cato
Cooper                 Dantzler               Easterday
Felder                 Fulmer                 Gamble
Harrell                Harris, J.             Harvin
Herdklotz              Hodges                 Hutson
Jaskwhich              Jennings               Keegan
Kelley                 Kinon                  Klauber
Knotts                 Koon                   Law
Limbaugh               Martin                 Mason
McKay                  Meacham                Rhoad
Rice                   Riser                  Sharpe
Simrill                Smith, D.              Smith, R.
Stuart                 Tucker                 Vaughn
Walker                 Wells                  Whatley
Wilkins                Witherspoon            Wofford
Wright                 Young-Brickell

Total--53

Those who voted in the negative are:

Anderson               Breeland               Brown, J.
Byrd                   Cave                   Cotty
Davenport              Delleney               Hallman
Howard                 Inabinett              Keyserling
Kirsh                  Lanford                Littlejohn
Lloyd                  Marchbanks             McCraw
McTeer                 Moody-Lawrence         Neal
Neilson                Phillips               Quinn
Richardson             Rogers                 Sandifer
Seithel                Shissias               Stille
Stoddard               Townsend               Tripp
Trotter                Waldrop                Whipper, L.
Whipper, S.            White                  Wilder

Total--39

So, the amendment was tabled.

AMENDMENT NO. 1A--RECONSIDERED AND TABLED

Rep. KLAUBER moved to reconsider the vote whereby Amendment No. 1A was adopted.

Rep. DAVENPORT spoke against the motion to reconsider.

Rep. HODGES spoke in favor of the motion to reconsider.

Rep. SEITHEL moved to table the motion to reconsider and demanded the yeas and nays, which were taken resulting as follows:

Yeas 25; Nays 71

Those who voted in the affirmative are:

Anderson               Breeland               Brown, T.
Davenport              Hallman                Harris, J.
Herdklotz              Howard                 Littlejohn
Lloyd                  Marchbanks             McCraw
McMahand               Moody-Lawrence         Neilson
Phillips               Quinn                  Rhoad
Sandifer               Seithel                Shissias
Tripp                  Waldrop                Whipper, L.
Whipper, S.

Total--25

Those who voted in the negative are:

Allison                Bailey                 Baxley
Boan                   Brown, G.              Brown, H.
Byrd                   Cain                   Carnell
Cato                   Cave                   Cobb-Hunter
Cooper                 Cotty                  Cromer
Dantzler               Delleney               Easterday
Felder                 Fleming                Fulmer
Gamble                 Govan                  Harrell
Harvin                 Hodges                 Hutson
Jaskwhich              Keegan                 Kelley
Keyserling             Kinon                  Klauber
Knotts                 Koon                   Lanford
Law                    Lee                    Limbaugh
Mason                  McKay                  McTeer
Meacham                Neal                   Rice
Richardson             Riser                  Robinson
Rogers                 Scott                  Sharpe
Simrill                Smith, D.              Smith, R.
Stille                 Stoddard               Stuart
Townsend               Trotter                Tucker
Vaughn                 Walker                 Wells
Whatley                White                  Wilder
Wilkins                Witherspoon            Wofford
Wright                 Young-Brickell

Total--71

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

The question then recurred to the motion to reconsider, which was agreed to.

Rep. FELDER moved to table the amendment, which was agreed to.

Rep. FELDER moved immediate cloture on the entire matter, which was agreed to.

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

Further proceedings were interrupted by adjournment, the pending question being consideration of Senate amendments, immediate cloture having been ordered.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4991 -- Reps. Cain and Cromer: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES FOREST SERVICE TO DENY A PERMIT APPLICATION TO CONDUCT MINERAL PROSPECTING OPERATIONS ON PUBLIC LANDS IN THE UPPER CHAUGA RIVER WATERSHED.

H. 5043 -- Rep. Clyburn: A CONCURRENT RESOLUTION CONGRATULATING THE A.M.E. CHURCH OF AIKEN ON THE JOYOUS OCCASION OF ITS ONE HUNDRED EIGHTIETH ANNIVERSARY.

H. 5051 -- Reps. Scott, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, 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, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE LUCILLE SIMMONS WHIPPER OF CHARLESTON COUNTY, OUR RESPECTED COLLEAGUE AND FRIEND, FOR HER ELEVEN YEARS OF OUTSTANDING LEGISLATIVE SERVICE TO THE PEOPLE OF SOUTH CAROLINA AND EXTENDING BEST WISHES IN ALL OF HER FUTURE ENDEAVORS ON THE OCCASION OF HER RETIREMENT.

H. 5052 -- Reps. Scott, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, 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, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE DEEP REGRET OF THE GENERAL ASSEMBLY UPON LEARNING THAT THE HONORABLE TIMOTHY FOLK ROGERS WILL NOT SEEK RE-ELECTION TO THE HOUSE OF REPRESENTATIVES AND THANKING HIM FOR HIS OUTSTANDING LEGISLATIVE SERVICE TO THE PEOPLE OF SOUTH CAROLINA.

H. 5056 -- Reps. Scott, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, 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, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE JUANITA MITCHELL WHITE OF JASPER COUNTY, OUR GOOD FRIEND AND DISTINGUISHED COLLEAGUE, FOR HER SEVENTEEN YEARS OF OUTSTANDING LEGISLATIVE SERVICE TO THE PEOPLE OF SOUTH CAROLINA AND EXTENDING BEST WISHES IN ALL OF HER FUTURE ENDEAVORS ON THE OCCASION OF HER RETIREMENT.

H. 5057 -- Reps. Wilkins, Haskins, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, 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, J. Harris, P. Harris, Harrison, Harvin, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. LUCILE ROUKOS SHEHEEN OF CAMDEN, MOTHER OF OUR FRIEND AND DISTINGUISHED COLLEAGUE, THE HONORABLE ROBERT J. SHEHEEN, AND EXTENDING DEEPEST SYMPATHY TO ALL OF THE MEMBERS OF THE SHEHEEN FAMILY.

H. 5058 -- Rep. Harvin: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING CARRIE SINKLER-PARKER OF ALCOLU ON RECEIVING THE FIRST ANNUAL MARY MCLEOD BETHUNE PERSEVERANCE, ACHIEVEMENT AND CHARITY AWARD.

ADJOURNMENT

At 6:15 P.M. the House in accordance with the motion of Rep. MARCHBANKS adjourned in memory of Lucile Roukos Sheheen, mother of Rep. SHEHEEN of Camden, to meet at 10:00 A.M. tomorrow.

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