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

WEDNESDAY, MAY 12, 1993

Wednesday, May 12, 1993
(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 our Father, we are grateful that You constantly lead us into the green pastures and by the still waters of unending blessings. Use us to do Your bidding as You make of us crusaders of a golden tomorrow. Solemnize us with the consciousness that beyond the appraisal of men regarding what we say and do here, there falls upon our records the searching light of Your judgment. Maintain within us the fidelity of those to whom much is given and from whom much is required.

Keep us wise and faithful as good trustees of the blessings that come from Your generous and gracious hand. 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. KLAUBER moved that when the House adjourns, it adjourn in memory of Dr. Hunter W. May of Greenwood County, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 11, 1993
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 597:
S. 597 -- Senator Saleeby: A JOINT RESOLUTION TO REQUIRE THE SOUTH CAROLINA CHIEF INSURANCE COMMISSIONER TO SOLICIT AN INVITATION FOR BIDS FOR ANY AND ALL SERVICES USED OR PAID FOR BY THE SOUTH CAROLINA REINSURANCE FACILITY AND TO CONDUCT CERTAIN AUDITS AND REPORT THE RESULTS TO THE GENERAL ASSEMBLY.
Very respectfully,
President

No. 156

Received as information.

REPORTS OF STANDING COMMITTEES

Rep. WHITE, from the Beaufort Delegation, submitted a favorable report, with amendments, on:

S. 756 -- Senator Cork: A BILL TO REPEAL ACT 583 OF 1971 RELATING TO THE CREATION OF THE HILTON HEAD ISLAND FIRE DISTRICT IN BEAUFORT COUNTY.

Ordered for consideration tomorrow.

Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

S. 501 -- Senator Peeler: A BILL TO PROVIDE THAT CERTAIN CRIMINAL OFFENDERS COMMITTED TO INCARCERATION IN THIS STATE MAY BE REQUIRED TO PERFORM PUBLIC SERVICE WORK ACTIVITIES, PROHIBIT THE PARTICIPATION OF OFFENDERS CONVICTED OF VIOLENT CRIMES FROM PERFORMING THESE WORK ACTIVITIES, AND PROVIDE FOR THE TIMES WHEN THE WORK IS ALLOWED AND THE TYPE OF WORK ACTIVITIES PERMITTED.

RULE 5.12 WAIVED

Rule 5.12 was waived by a division vote of 27 to 0.

Ordered for consideration tomorrow.

Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

S. 736 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO REQUIREMENTS FOR PERMANENT LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1624, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 3387 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-460 SO AS TO PROVIDE FOR PUBLIC SCHOOL STUDENTS TO BE EXCUSED FROM CLASS TO ATTEND OFF-CAMPUS RELIGIOUS INSTRUCTION, TO PROVIDE FOR THE REQUIREMENTS THAT MUST BE MET BEFORE STUDENTS MAY BE EXCUSED FOR THIS PURPOSE, AND TO PROVIDE THAT STUDENTS ATTENDING THIS INSTRUCTION ARE NOT CONSIDERED ABSENT FROM SCHOOL.

Ordered for consideration tomorrow.

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:

H. 4054 -- Reps. M.O. Alexander and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-19-35 SO AS TO PROVIDE THAT WHERE A VACANCY ON A BOARD OF TRUSTEES OF A COLLEGE OR UNIVERSITY OF THIS STATE HAS OCCURRED FOR ANY REASON OTHER THAN EXPIRATION OF THE TERM AND IS UNFILLED AT THE BEGINNING OF AN ANNUAL SESSION OF THE GENERAL ASSEMBLY, A JOINT REVIEW COMMITTEE TO CONSIDER APPLICANTS FOR THIS VACANCY AND OTHERS OF SIMILAR CIRCUMSTANCES MUST BE APPOINTED WITHIN SIX LEGISLATIVE DAYS AFTER THE ANNUAL SESSION OF THE GENERAL ASSEMBLY CONVENES, AND THE ELECTION TO FILL THIS VACANCY MUST OCCUR WITHIN SIX WEEKS AFTER THE JOINT REVIEW COMMITTEE IS APPOINTED, AND TO PROVIDE EXCEPTIONS.

Ordered for consideration tomorrow.

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:

S. 702 -- Education Committee: A BILL TO AMEND SECTIONS 59-109-30, 59-109-50, 59-109-70, 59-109-80, 59-109-90, 59-109-100, 59-109-110, 59-109-120, 59-109-130, 59-109-140, AND 59-109-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATIONAL FACILITIES AUTHORITY ACT FOR PRIVATE NONPROFIT INSTITUTIONS OF HIGHER LEARNING, SO AS TO REVISE DEFINITIONS AND PROVIDE ADDITIONAL DEFINITIONS; TO REVISE AND ADD ADDITIONAL POWERS TO THE AUTHORITY, INCLUDING THE POWER TO ENTER INTO AGREEMENTS NECESSARY OR INCIDENTAL FOR ISSUING BONDS OR COMPLETING A PROJECT, TO ENTER INTO FINANCING AGREEMENTS, TO MAKE BOND PROCEEDS AVAILABLE BY LOAN PURSUANT TO A FINANCING AGREEMENT, TO LEASE OR SELL PROJECTS PURSUANT TO A FINANCING AGREEMENT, TO PLEDGE OR ASSIGN FUNDS PURSUANT TO A FINANCING AGREEMENT TO THE PAYMENT OF BONDS; TO AUTHORIZE THE AUTHORITY TO ACQUIRE LAND FOR THE ACQUISITION OF PROJECTS; TO AUTHORIZE PROJECTS OWNED BY THE AUTHORITY AND LEASED TO A PARTICIPATING INSTITUTION TO BE TRANSFERRED TO THE INSTITUTION, AND TO AUTHORIZE FINANCING AGREEMENTS TO CONTAIN PROVISIONS ALLOWING OPTIONS TO RENEW A LEASE OR PURCHASE A PROJECT BEFORE RETIREMENT OF THE BONDS, INCLUDING PURCHASE AT LESS THAN FAIR MARKET VALUE; TO PROVIDE ADDITIONAL PROVISIONS WHICH MAY BE INCLUDED IN PROCEEDINGS AUTHORIZING OR TRUST AGREEMENT PROVIDING FOR BONDS AND A RELATED FINANCING AGREEMENT; TO PROVIDE THAT ONLY AMOUNTS PAID BY A PARTICIPATING INSTITUTION PURSUANT TO A FINANCING AGREEMENT ARE PLEDGED TO THE PAYMENT OF THE BONDS; TO PROVIDE THAT FINANCING AGREEMENTS REQUIRE INSTITUTIONS TO COMPLETE PROJECTS IF BOND PROCEEDS ARE INSUFFICIENT, TO MAKE SUFFICIENT PAYMENTS TO PAY PRINCIPAL, INTEREST, AND ANY PREMIUMS ON BONDS, AND TO MAINTAIN RESERVES AS SET BY THE AUTHORITY, AND TO ALLOW THE AUTHORITY TO REQUIRE OTHER SETASIDES OF AMOUNTS DERIVED FROM FINANCING AGREEMENTS; TO PROVIDE THAT BONDS MAY BE ISSUED PURSUANT GENERALLY TO PROCEEDINGS RATHER ONLY BY RESOLUTION, AND TO PROVIDE THAT A PARTICIPATING PUBLIC INSTITUTION OF HIGHER LEARNING IN OPERATING OR MAINTAINING A PROJECT IS AN ESSENTIAL PUBLIC FUNCTION.

Ordered for consideration tomorrow.

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

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

RULE 5.12 WAIVED

Rule 5.12 was waived by a division vote of 13 to 0.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4179 -- Reps. Klauber, McAbee and Carnell: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DR. HUNTER W. MAY OF GREENWOOD COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 767 -- Senators Mitchell, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO CONGRATULATE PROFESSOR YAKIR AHARONOV UPON HIS ELECTION TO THE NATIONAL ACADEMY OF SCIENCES.

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

INTRODUCTION OF BILLS

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

H. 4180 -- Reps. Harrison, Wells, Gonzales, Wright, Barber, R. Smith, Fulmer, D. Wilder, Klauber, Jennings, A. Young, and Corning: A BILL TO AMEND CHAPTER 31, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS, SO AS TO ENACT THE SOUTH CAROLINA NONPROFIT CORPORATION ACT OF 1993 SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH NONPROFIT CORPORATIONS OPERATE AND TRANSACT BUSINESS IN THIS STATE; TO AMEND SECTION 33-11-101, RELATING TO MERGERS OF BUSINESS CORPORATIONS, SO AS TO MAKE THE PROVISIONS OF THE SECTION APPLICABLE TO NONPROFIT CORPORATIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 62-7-507 SO AS TO PROVIDE THAT CERTAIN STATUTORY PROVISIONS OF LAW SHALL NOT BE CONSTRUED TO CAUSE FORFEITURE OR REVERSION OF TRUST PROPERTY; AND TO REPEAL SECTION 33-20-103 RELATING TO NONPROFIT CORPORATIONS AND CHAPTER 33 OF TITLE 33 RELATING TO CHURCH CORPORATIONS.

Referred to Committee on Judiciary.

H. 4181 -- Reps. Koon and Spearman: A BILL TO DECLARE A CERTAIN ROAD IN LEXINGTON COUNTY TO BE A COUNTY ROAD AND A PART OF THE COUNTY ROAD SYSTEM OF LEXINGTON COUNTY.

Referred to Lexington Delegation.

H. 4182 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-4-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE SOUTH CAROLINA TAX COMMISSION WITH RESPECT TO THE APPRAISAL, ASSESSMENT, AND EQUALIZATION OF CERTAIN BUSINESS PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO PROVIDE THAT THE COMMISSION SHALL PERFORM SUCH FUNCTIONS FOR ONLY THOSE DISTRIBUTION FACILITIES WITH MORE THAN ONE HUNDRED THOUSAND SQUARE FEET OF BUILDING SPACE OR WHICH QUALIFY FOR THE DISTRIBUTION FACILITY EXEMPTION; TO PROVIDE THAT THE COMMISSION SHALL PERFORM THESE FUNCTIONS FOR ENTERPRISES ENGAGED IN RESEARCH AND DEVELOPMENT ACTIVITIES AND TRANSPORTATION COMPANIES FOR HIRE, TO PROVIDE THAT THE VALUE OF PROPERTY ASSESSED BY THE UNIT VALUATION METHOD MUST BE DISTRIBUTED ON THE BASIS OF GROSS INVESTMENT EXCEPT WHERE OTHERWISE STATED, AND TO PROVIDE FOR THE APPRAISAL AND ASSESSMENT OF LEASED PROPERTY.

Referred to Committee on Ways and Means.

H. 4183 -- Rep. Kirsh: A BILL TO AMEND CHAPTER 43, TITLE 12 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENT AND EQUALIZATION OF REAL PROPERTY FOR PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE FOR THE COUNTY BOARD OF APPEAL IN MATTERS RELATING TO VALUATION OF PROPERTY AND APPEALS FROM THE FINDING OF THE BOARD TO THE TAX COMMISSION AND TO PROVIDE THE PROCEDURES APPLICABLE TO THESE APPEALS; AND TO AMEND SECTION 12-37-90, RELATING TO THE DUTIES OF THE COUNTY ASSESSOR, SO AS TO PROVIDE ADDITIONAL DUTIES FOR THE ASSESSOR RELATING TO THE KEEPING OF AN APPEAL LOG BOOK AND TAX MAPPING.

Referred to Committee on Ways and Means.

H. 4184 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-4-755 AND 12-4-770 SO AS TO PROVIDE FOR THE APPEAL OF A PROPERTY TAX EXEMPTION DENIAL TO THE SOUTH CAROLINA TAX COMMISSION AND PROVIDE THE APPEAL PROCEDURE AND PROVIDE FOR THE APPEAL PROCEDURE FOR AN APPEAL OF A PROPOSED PROPERTY TAX ASSESSMENT TO THE COMMISSION FOR PROPERTY ORIGINALLY ASSESSED BY THE COMMISSION; TO AMEND THE 1976 CODE BY ADDING SECTION 12-39-65 SO AS TO PROVIDE THE METHOD OF APPRAISING CERTAIN PERSONAL PROPERTY OF BUSINESSES AND OTHER ENTITIES UNDER THE JURISDICTION OF THE COUNTY AUDITOR; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-120 SO AS TO REQUIRE THE ASSESSED VALUE OF PROPERTY TO BE ROUNDED TO THE NEAREST TEN DOLLARS; TO AMEND SECTION 12-4-310, AS AMENDED, RELATING TO THE DUTIES OF THE TAX COMMISSION, SO AS TO REQUIRE IT TO REMIT REVENUES COLLECTED TO THE STATE TREASURER AT LEAST ONCE A WEEK OR AS SOON AFTER RECEIPT AS PRACTICABLE; TO AMEND SECTION 12-4-320, RELATING TO THE POWERS OF THE TAX COMMISSION, SO AS TO AUTHORIZE IT TO PRESCRIBE TEMPORARY RULES FOR FILING, PAYMENT, AND EXTENSIONS IN CASE OF DAMAGE BY OPERATION BY NATURAL FORCES; TO AMEND SECTION 12-4-330, RELATING TO WITNESSES BEFORE THE TAX COMMISSION, SO AS TO PROVIDE THAT OUT-OF-STATE APPRAISERS APPEARING BEFORE THE COMMISSION DO NOT HAVE TO BE LICENSED OR CERTIFIED IN THIS STATE; TO AMEND SECTION 12-4-720, RELATING TO FILING PROPERTY TAX EXEMPTION APPLICATIONS, SO AS TO REVISE CERTAIN APPLICATIONS; TO AMEND SECTION 12-37-220, OF THE 1976 CODE, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO STANDARDIZE AT TWO VEHICLES THE MOTOR VEHICLE EXEMPTION FOR DISABLED VETERANS, MEDAL OF HONOR RECIPIENTS, PERSONS CONFINED TO WHEELCHAIRS, AND FORMER POW'S, TO DELETE AN OBSOLETE PROVISION RELATING TO NO SITUS PERSONAL PROPERTY AND TO EXEMPT FURNISHINGS AND FIXTURES IN TIME-SHARE UNITS; TO AMEND SECTION 12-37-800, AS AMENDED, RELATING TO THE PENALTY FOR FAILURE TO MAKE A PROPERTY TAX RETURN, SO AS TO PROVIDE A PENALTY EQUAL TO TWENTY-FIVE PERCENT OF THE TAX DUE FOR MAKING A FALSE RETURN; TO AMEND SECTION 12-37-930, RELATING TO VALUATION OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO PROVIDE THAT "GROSS CAPITALIZED COST" INCLUDES PROPERTY EXPENSED UNDER SECTION 179 OF THE INTERNAL REVENUE CODE OF 1986; TO AMEND SECTION 12-37-2725, RELATING TO REFUNDS OF PERSONAL PROPERTY TAXES PAID ON LICENSED MOTOR VEHICLES, SO AS TO ALLOW A REFUND WHEN A VEHICLE OWNER BECOMES A LEGAL RESIDENT OF ANOTHER STATE AND REGISTERS THE VEHICLE IN THE NEW STATE; TO AMEND SECTION 12-43-335, RELATING TO THE CLASSIFICATION OF MERCHANTS' PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO REVISE THE CLASSIFICATIONS AND ADD CLASSIFICATIONS FOR PROPERTY OF MANUFACTURERS, RAILROADS, PRIVATE CARLINES, AIRLINES, WATER, POWER, TELEPHONE, CABLE TELEVISION, SEWER, AND PIPELINE COMPANIES; AND TO AMEND ACT 168 OF 1991, RELATING TO TAXATION, SO AS TO DEFINE "CORPORATION" FOR THE PURPOSES OF THE ALLOWANCE OF THE FIVE-YEAR PROPERTY TAX ABATEMENT ALLOWED A CORPORATION WHICH ACQUIRED EIGHT OR MORE EXISTING TEXTILE MANUFACTURING FACILITIES, AND DELETE A REFERENCE TO COUNTY IN CALCULATING THE REQUIRED NUMBER OF EMPLOYEES TO OBTAIN THE ABATEMENT.

Referred to Committee on Ways and Means.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Bailey, G.
Bailey, J.             Barber                 Beatty
Breeland               Brown, G.              Brown, H.
Brown, J.              Byrd                   Canty
Cato                   Chamblee               Clyborne
Cobb-Hunter            Corning                Cromer
Delleney               Fair                   Farr
Felder                 Fulmer                 Gamble
Gonzales               Graham                 Hallman
Harrell                Harris, J.             Harris, P.
Harrison               Harwell                Haskins
Hines                  Hodges                 Houck
Hutson                 Inabinett              Jaskwhich
Keegan                 Kelley                 Kennedy
Keyserling             Kinon                  Kirsh
Klauber                Lanford                Law
Littlejohn             Marchbanks             McAbee
McCraw                 McKay                  McMahand
Meacham                Moody-Lawrence         Neal
Rhoad                  Richardson             Riser
Robinson               Rogers                 Scott
Sheheen                Shissias               Simrill
Smith, D.              Snow                   Spearman
Stille                 Stuart                 Thomas
Trotter                Tucker                 Vaughn
Waites                 Walker                 Wells
White                  Wilder, D.             Wilder, J.
Wilkins                Williams               Witherspoon
Wofford                Worley                 Wright
Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, May 12.

Roland Smith                      Charles R. Sharpe
Charles H. Stone                  Dave C. Waldrop, Jr.
D.N. Holt, Jr.                    James P. Harrelson
Eugene C. Stoddard                Marion P. Carnell
Olin R. Phillips                  Douglas E. McTeer, Jr.
Ronald P. Townsend                E.B. McLeod, Jr.
Irene K. Rudnick                  Larry L. Elliott
Lucille S. Whipper                William D. Boan
Morgan Martin                     J. Michael Baxley
Denny W. Neilson                  C. Alex Harvin, III
James G. Mattos                   Douglas Jennings, Jr.
Daniel T. Cooper                  Timothy C. Wilkes
G. Ralph Davenport, Jr.           Jerry N. Govan, Jr.
Larry L. Koon                     Thomas E. Huff
Richard M. Quinn, Jr.             C. Lenoir Sturkie
Joseph T. McElveen, Jr.
Total Present--122

LEAVES OF ABSENCE

The SPEAKER granted Rep. A. YOUNG a leave of absence due to the death of her husband.

The SPEAKER granted Rep. BAKER a leave of absence due to the birth of his daughter.

STATEMENT OF ATTENDANCE

Rep. McLEOD signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, May 11.

STATEMENTS RE ATTENDANCE

I was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, May 11.

C. Alex Harvin, III     Thomas E. Huff

STATEMENT OF ATTENDANCE

Rep. MATTOS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, May 5.

STATEMENT RE ATTENDANCE

I was not present during the Session but arrived in time to attend the Committee meetings on Thursday, May 6.

George H. Bailey

DOCTOR OF THE DAY

Announcement was made that Dr. William Brannon of Columbia is the Doctor of the Day for the General Assembly.

S. 748--DEBATE ADJOURNED

Rep. HARRELL moved to adjourn debate upon the following Bill until Tuesday, May 18, which was adopted.

S. 748 -- Senator Passailaigue: A BILL TO AMEND SECTION 7-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO DIVIDE CHARLESTON PRECINCT 3 INTO CHARLESTON 3 AND CHARLESTON 3A, TO DIVIDE FOLLY BEACH INTO FOLLY BEACH A AND FOLLY BEACH B, AND TO CHANGE THE REFERENCE DATE FOR THE DELINEATION OF PRECINCT LINES AS SHOWN ON THE OFFICIAL MAP OF THE UNITED STATES CENSUS BUREAU ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.

SENT TO THE SENATE

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

H. 3463 -- Reps. Jennings, H. Brown, Kirsh, Huff, Houck, Neilson, Tucker, Baxley, Delleney, Wofford, Worley, McElveen, Martin, Cobb-Hunter, J. Wilder, Spearman, Elliott, McCraw, Phillips, Kinon, J. Harris and Askins: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO CREATE THE SCENIC HIGHWAYS COMMITTEE AND TO PRESCRIBE ITS POWERS AND DUTIES; BY ADDING SECTION 57-23-185 SO AS TO PROVIDE THAT JUST COMPENSATION BE PAID TO LANDOWNERS FOR REMOVAL OF SIGNS; AND TO AMEND SECTION 57-25-140, AS AMENDED, RELATING TO SIGNS PERMITTED ALONG INTERSTATE HIGHWAYS, SO AS TO ALLOW SIGNS PROVIDING DIRECTIONAL INFORMATION.

H. 3601 -- Reps. Spearman, White and McAbee: A BILL TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS INCOME TAX CREDIT, SO AS TO PROVIDE THAT COUNTIES WITH A POPULATION LESS THAN TWENTY THOUSAND ACCORDING TO THE 1990 UNITED STATES CENSUS ARE CONSIDERED LESS DEVELOPED COUNTIES FOR PURPOSES OF THE CREDIT AMOUNT ALLOWED.

RETURNED TO THE SENATE WITH AMENDMENTS

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

S. 320 -- Senators Giese, Passailaigue, Glover, Lander and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1920 SO AS TO PROVIDE THAT AN AGENCY, ORGANIZATION, OR FACILITY THAT TRANSPORTS A HANDICAPPED OR DISABLED PERSON MAY OBTAIN A SPECIAL LICENSE TAG FOR A VEHICLE DESIGNED TO TRANSPORT A HANDICAPPED OR DISABLED PERSON AND THAT THE AGENCY, ORGANIZATION, OR FACILITY DOES NOT NEED TO PROVIDE A CERTIFICATE FROM A LICENSED PHYSICIAN; AND TO AMEND SECTION 56-3-1960, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, SO AS TO PROVIDE FOR THE ISSUANCE OF A PLACARD TO AN AGENCY, ORGANIZATION, OR FACILITY THAT TRANSPORTS A HANDICAPPED OR DISABLED PERSON.

H. 3687--OBJECTIONS

The following Bill was taken up.

H. 3687 -- Reps. Gonzales, H. Brown, J. Bailey, Koon, Quinn, Hallman, Fulmer, Holt, Harrison, Richardson, Wright, A. Young, Stuart, Wofford, Harrell, Inabinett, Witherspoon, Riser, G. Bailey, D. Wilder and Jaskwhich: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-1-160 SO AS TO PROVIDE THAT IF ANY PROVISION OF LAW CONCERNING APPOINTMENTS TO OR APPROVAL OF A BUDGET FOR A COUNTY BOARD, COMMISSION, OR DISTRICT, EXCLUDING SCHOOL DISTRICTS, REQUIRES AN ACTION ON THE PART OF A COUNTY LEGISLATIVE DELEGATION, THE RESPONSIBILITY FOR THAT REQUIRED ACTION, UPON WRITTEN RESOLUTION SIGNED BY A MAJORITY OF THE COUNTY LEGISLATIVE DELEGATION, SHALL DEVOLVE TO THE GOVERNING BODY OF THE COUNTY.

Reps. ROBINSON, WRIGHT, RISER and KELLEY objected to the Bill.

H. 4036--OBJECTIONS

The following Bill was taken up.

H. 4036 -- Reps. Wilkins, Clyborne, Jaskwhich, Fair, G. Brown, R. Smith, Quinn, Hines, Sharpe, McAbee, Richardson, Cato, Jennings, Gamble, Wofford, Wells, J. Bailey, Stone, Hallman, G. Bailey, J. Wilder, Marchbanks, Trotter, H. Brown, P. Harris, Keegan, Mattos, Vaughn, Walker and Phillips: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 50 SO AS TO PROVIDE FOR THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES.

Reps. R. YOUNG, GONZALES, KEYSERLING, H. BROWN, HALLMAN, FULMER, SCOTT, HARRELL, INABINETT, J. BAILEY, KIRSH and WOFFORD objected to the Bill.

S. 416--DEBATE ADJOURNED

Rep. HODGES moved to adjourn debate upon the following Bill until Thursday, May 13, which was adopted.

S. 416 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-712 SO AS TO EXEMPT FROM REPORTING ON THE ANNUAL STATEMENT OF ECONOMIC INTEREST REQUIRED TO BE FILED BY MEMBERS OF THE GENERAL ASSEMBLY ANY ENTRY ARISING FROM ATTENDANCE AT AN EVENT ON THE INVITATION OF A LOBBYIST'S PRINCIPAL WHEN THE INVITATIONS COMMITTEE OF EITHER HOUSE OF THE GENERAL ASSEMBLY ACCEPTED THE INVITATION OR SUCH AN INVITATION EXTENDED TO ALL MEMBERS OF A COUNTY LEGISLATIVE DELEGATION.

H. 3421--OBJECTIONS

The following Bill was taken up.

H. 3421 -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-355 SO AS TO PROVIDE THAT IN A CLAIM OR ACTION FOR PERSONAL INJURY OR WRONGFUL DEATH ARISING OUT OF THE OWNERSHIP, OPERATION, USE, OR MAINTENANCE OF A MOTOR VEHICLE, THE COURT SHALL ADMIT INTO EVIDENCE THE TOTAL AMOUNT PAID TO THE CLAIMANT FROM COLLATERAL SOURCES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND TO COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO DELETE THE CURRENT PROVISIONS AND PROVIDE THAT NOTWITHSTANDING CERTAIN SECTIONS, AFTER A CERTAIN DATE AUTOMOBILE INSURERS MAY REFUSE TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO THE DEFINITION OF "DAMAGES" UNDER THE AUTOMOBILE INSURANCE LAWS, SO AS TO PROVIDE THAT THE TERM INCLUDES ACTUAL DAMAGES ONLY; TO AMEND SECTION 38-77-140, RELATING TO AUTOMOBILE INSURANCE AND BODILY INJURY AND PROPERTY DAMAGE LIMITS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT AN INSURER SHALL ALSO OFFER THE INSURED A RIDER OR ENDORSEMENT FOR AN ADDITIONAL PREMIUM TO COVER LIABILITY FOR PUNITIVE DAMAGES; TO AMEND SECTION 38-77-150, RELATING TO AUTOMOBILE INSURANCE, THE UNINSURED MOTORIST PROVISION, AND DEFENSE OF AN ACTION BY THE INSURER, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT INSURERS SHALL OFFER, AT THE OPTION OF THE INSURED, HIGHER LIMITS OF UNINSURED MOTORIST COVERAGE IN ACCORDANCE WITH SECTION 38-77-350; TO AMEND SECTION 38-77-160, AS AMENDED, RELATING TO ADDITIONAL UNINSURED MOTORIST COVERAGE, AND UNDERINSURED MOTORIST COVERAGE, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT AUTOMOBILE INSURERS SHALL OFFER ON A FORM PRESCRIBED BY THE CHIEF INSURANCE COMMISSIONER, AT THE OPTION OF THE INSURED IN ACCORDANCE WITH SECTION 38-77-350 UNDERINSURED MOTORIST COVERAGE UP TO THE LIMITS SELECTED FOR THE INSURED'S LIABILITY COVERAGE TO PROVIDE COVERAGE IN THE EVENT THE INSURED BECOMES LEGALLY ENTITLED TO COLLECT DAMAGES FROM THE OWNER OR OPERATOR OF AN UNDERINSURED MOTOR VEHICLE; TO AMEND SECTION 56-9-350, RELATING TO SECURITY FOLLOWING MOTOR VEHICLE ACCIDENTS, VERIFICATION OF INSURANCE COVERAGE FORM TO BE ISSUED FOLLOWING CERTAIN ACCIDENTS, EFFECT OF FAILURE TO RETURN THE FORM, AND UNINVESTIGATED ACCIDENTS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT WITHIN FIFTEEN DAYS AFTER AN ACCIDENT A WRITTEN REPORT OF THE ACCIDENT MUST BE FORWARDED TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ON A FORM PRESCRIBED BY THE DEPARTMENT; TO AMEND SECTION 56-10-10, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY AND THE SECURITY REQUIRED ON REGISTERED VEHICLES, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT SECURITY MUST BE MAINTAINED ON EVERY MOTOR VEHICLE REQUIRED TO BE REGISTERED IN SOUTH CAROLINA WHERE THE OWNERS OR OTHER OPERATORS NOT EXCLUDED IN ACCORDANCE WITH SECTION 38-77-340 RESIDE IN THE SAME HOUSEHOLD AND ARE INSUREDS UNDER THE SAME POLICY, IF ONE OF THE OWNERS OR OTHER OPERATORS DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT; TO AMEND SECTION 56-10-220, RELATING TO THE REQUIREMENT THAT A MOTOR VEHICLE SOUGHT TO BE REGISTERED MUST BE INSURED AND PROOF OF THE SAME, SO AS TO DESCRIBE THE PERSON APPLYING FOR REGISTRATION AS ONE "REQUIRED TO PROVIDE SECURITY ON A MOTOR VEHICLE AS PROVIDED IN SECTION 56-10-10"; TO AMEND SECTION 56-10-240, RELATING TO THE REQUIREMENT THAT UPON THE LOSS OF AUTOMOBILE INSURANCE THE INSURED MUST OBTAIN NEW INSURANCE OR SURRENDER THE REGISTRATION AND LICENSE PLATES, SO AS TO FURTHER DESCRIBE THE MOTOR VEHICLE WHICH IS THE SUBJECT OF THIS SECTION AS ONE "FOR WHICH SECURITY IS REQUIRED AS PROVIDED IN SECTION 56-10-10", DELETE CERTAIN LANGUAGE, AND DESCRIBE THE RESIDENT FOR WHOM LAPSE OR TERMINATION OCCURS AFTER THREE MONTHS AS ONE "WHO DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT IN SECTION 38-73-760"; TO AMEND CHAPTER 10, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, BY ADDING ARTICLE 5 SO AS TO PROVIDE FOR THE REGISTRATION AND LICENSING OF UNINSURED MOTOR VEHICLES; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE PROVISION THAT AUTOMOBILE INSURERS ARE REQUIRED TO INSURE AND EXCEPTIONS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT NO INSURER IS REQUIRED TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE INSURANCE IF THE RISK DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT, PROVIDE THAT NO INSURER MAY REFUSE TO WRITE OR RENEW A POLICY, COVERAGE, OR ENDORSEMENT OF AUTOMOBILE INSURANCE BECAUSE OF THE RACE, COLOR, CREED, NATIONAL ORIGIN, ANCESTRY, OR INCOME OF ANYONE WHO SEEKS TO BECOME INSURED, AND PROVIDE THAT AN APPLICANT DENIED COVERAGE MUST BE PROVIDED IN WRITING BY THE DENYING INSURER THE REASON OR REASONS FOR WHICH THE APPLICANT HAS BEEN REFUSED INSURANCE BY THAT INSURER, AT THE TIME OF THE DENIAL; TO AMEND THE 1976 CODE BY ADDING ARTICLE 13 TO CHAPTER 77 OF TITLE 38, SO AS TO ESTABLISH THE SOUTH CAROLINA JOINT UNDERWRITING ASSOCIATION (JUA), INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, THE ABOLITION OF THE SOUTH CAROLINA REINSURANCE FACILITY; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT AN AUTOMOBILE INSURER SHALL OFFER FOUR, RATHER THAN TWO, DIFFERENT RATES FOR AUTOMOBILE INSURANCE, AND PROVIDE THAT, NO LATER THAN NINETY DAYS AFTER THE PASSAGE OF THIS ACT, INSURERS OF AUTOMOBILE INSURANCE MUST FILE WITH THE CHIEF INSURANCE COMMISSIONER REVISED RATES FOR ALL OTHER PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES WRITTEN BY THEM; TO AMEND SECTION 38-73-760, AS AMENDED, RELATING TO THE STATE RATING AND STATISTICAL DIVISION FOR INSURANCE PURPOSES AND UNIFORM STATISTICAL PLANS, SO AS TO PROVIDE THAT NO SURCHARGE MAY BE ASSESSED FOR THE FIRST CONVICTION OF SPEEDING LESS THAN TWENTY-FIVE MILES PER HOUR IF THE PERSON CONVICTED HAS MAINTAINED THE SAFE DRIVER DISCOUNT FOR THE PREVIOUS THREE YEARS, AND PROVIDE THAT NO SURCHARGE MAY BE ASSESSED FOR CONVICTIONS OF CERTAIN VIOLATIONS OCCURRING ON OR AFTER A CERTAIN DATE; TO AMEND SECTION 56-10-270, RELATING TO THE OPERATION OF AN UNINSURED MOTOR VEHICLE AND PENALTIES, SO AS TO, AMONG OTHER THINGS, CHANGE THE PENALTIES, INCLUDING PROVIDING FOR THE PERFORMANCE OF PUBLIC SERVICE HOURS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-116 SO AS TO PROVIDE THAT, UPON ISSUANCE OF A NEW PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICY, THE INSURANCE COMPANY OR AGENT MUST REVIEW WITH THE NEW APPLICANT A LIST OF DRIVING OFFENSES AND THE RELATED FINE AND PUNISHMENT, AS WELL AS THE POSSIBLE INCREASE IN THE INSURANCE RATES, THE EFFECT OF ANY SURCHARGES, OR THE EFFECT OF THE LOSS OF THE SAFE DRIVER DISCOUNT, AND PROVIDE THAT THE LIST MUST BE ON A FORM APPROVED BY THE CHIEF INSURANCE COMMISSIONER AND MUST ACCOMPANY THE POLICY; TO PROVIDE THAT, AFTER A CERTAIN DATE, THE GOVERNING BOARD OF THE JOINT UNDERWRITING ASSOCIATION SHALL CONTRACT WITH ONE OR MORE INSURERS OR BUSINESS ENTITIES TO SERVE AS THE DESIGNATED CARRIER AND SHALL ESTABLISH A PROCEDURE FOR THE SELECTION OF THE DESIGNATED CARRIER, PROVIDE THAT COMMISSIONS PAID TO AGENTS FOR POLICIES CEDED TO OR PLACED IN THE JUA SHALL BE SET BY THE JUA'S BOARD OF DIRECTORS, AND PROVIDE FOR RELATED MATTERS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 38-77-175 AND 56-7-12 SO AS TO PROVIDE THAT, WHEN THE OPERATOR OR OWNER OF A MOTOR VEHICLE IS ISSUED A TRAFFIC TICKET FOR A MOVING VIOLATION BY A LAW ENFORCEMENT OFFICER, HE MUST BE FURNISHED A WRITTEN REQUEST FORM TO COMPLETE TO VERIFY LIABILITY INSURANCE COVERAGE, PROVIDE FOR THE RETURN OF THE COMPLETED AND VERIFIED FORM TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, PROVIDE FOR THE DEPOSIT OF SUCH COLLECTED FINES, AND PROVIDE FOR RELATED MATTERS; TO REPEAL ARTICLE 5, CHAPTER 77, TITLE 38, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND DESIGNATED PRODUCERS, SECTION 38-73-1420, RELATING TO THE REQUIREMENT THAT THE BOARD OF GOVERNORS OF THE REINSURANCE FACILITY SHALL FILE AN EXPENSE COMPONENT FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE OR PREMIUM CHARGES, SECTION 38-73-1425, RELATING TO THE PROVISION THAT THE FINAL RATE OR PREMIUM CHARGE FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY WHICH DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT IS THE FINAL RATE OR PREMIUM CHARGE REQUIRED BY SECTION 38-73-1420 OR THE FINAL RATE OR PREMIUM CHARGE APPROVED FOR USE BY THE INSURER, WHICHEVER IS GREATER, SECTION 38-77-285, RELATING TO THE REQUIREMENT THAT ALL AUTOMOBILE INSURANCE COVERAGES MUST BE IN ONE POLICY AND EXCEPTIONS, SECTION 38-77-920, RELATING TO THE PROVISION THAT AUTOMOBILE INSURERS AND AGENTS MAY NOT REFUSE ACCEPTANCE OF INSURANCE, PROPERTY RIGHTS OF CERTAIN AGENTS, AND RESTRICTION OF MAILINGS TO CERTAIN AREAS, SECTION 38-77-940, RELATING TO THE AUTOMOBILE INSURANCE LAW, AVOIDING CERTAIN CLASSES OR TYPES OF RISKS, EXCEPTIONS, AND CANCELING AN AGENT'S REPRESENTATION, SECTION 38-77-950, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER AND NOTICE TO AN AUTOMOBILE INSURANCE POLICYHOLDER THAT HIS POLICY IS IN THE FACILITY, AND SECTION 38-77-960, RELATING TO AUTOMOBILE INSURANCE AGENT'S BUSINESS; TO AMEND SECTION 38-77-111, RELATING TO THE COVERAGES OF AN AUTOMOBILE INSURANCE POLICY WHICH MAY BE CEDED TO THE REINSURANCE FACILITY AND THOSE COVERAGES WHICH CANNOT BE CEDED, SO AS TO DELETE THE REFERENCE TO THE FACILITY, REPLACE IT WITH THE "JOINT UNDERWRITING ASSOCIATION", AND ALLOW A CESSION EXCEPTION, WITH RESPECT TO COVERAGES UNDER A POLICY THAT AN AUTOMOBILE INSURER IS NOT MANDATED BY LAW TO WRITE, FOR TORT LIABILITY COVERAGE AND UNINSURED MOTORIST COVERAGE FOR THOSE RISKS THAT DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT; AND TO PROVIDE A SEVERABILITY CLAUSE.

Reps. COBB-HUNTER, WHITE, BREELAND, SCOTT, INABINETT and ANDERSON objected to the Bill.

H. 3126--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3126 -- Rep. Keegan: A BILL TO AMEND SECTION 56-3-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEALER "SOLD" CARDS ON VEHICLES, SO AS TO REQUIRE DEALERS TO AFFIX A CARD ON A SOLD VEHICLE AND TO REQUIRE CERTAIN IDENTIFYING INFORMATION ON THE CARD.

The Education and Public Works Committee proposed the following Amendment No. 1 (DOC. NO. L:\H-EDUC\LEGIS\AMEND\H3126.RPF), which was adopted.

Amend the bill, as and if amended, by striking in its entirety, and inserting:

/SECTION     1.     Section 56-3-220 of the 1976 Code is amended to read:

"Section 56-3-220.         Dealers selling vehicles may must attach and display on vehicles which they sell a 'sold' card as evidence of the sale so as to indicate to any a law enforcement officer the fact that the vehicle is being operated upon the highway pursuant to Section 56-3-210, which allows persons newly acquiring a vehicle thirty days in which to register and license the vehicle. The name, city or town, and phone number of the dealer, and the date of the sale of the vehicle must be printed on the dealer's 'sold' card. The lettering must be no smaller than one-half of an inch. It is unlawful for the purchaser to operate the vehicle within the thirty days without the card on display."

SECTION     2.     This act takes effect six months after approval by the Governor./

Amend title to conform.

Rep. FARR 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 Bill was taken up, read the second time, and ordered to a third reading:

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

H. 3759--OBJECTIONS

The following Bill was taken up.

H. 3759 -- Reps. Houck, Robinson, Scott, Carnell, Corning, Byrd, M.O. Alexander, Neal, Wilkins, Beatty and Rudnick: A BILL TO AMEND SECTION 34-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL RATE OF INTEREST, SO AS TO ESTABLISH THE LEGAL INTEREST AT PRIME RATE PLUS ONE PERCENT; TO PROVIDE THAT THE RATE FOR MONEY DECREES AND JUDGMENTS IS PRIME RATE PLUS THREE PERCENT; AND TO PROVIDE HOW PRIME RATE IS TO BE CALCULATED.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11304AC.93).

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

/SECTION     1.     Section 34-31-20 of the 1976 Code is amended to read:

"Section 34-31-20.         (A)     In all cases of accounts stated and in all cases wherein any in which a sum or sums of money shall must be ascertained and, being due, shall draw interest according to law, the legal interest shall be is at the rate of eight and three-fourths percent per annum prime rate plus two percent per annum beginning from the date of default.

(B)     All money decrees and judgments of courts enrolled or entered shall draw interest according to law. The legal interest shall be is at the prime rate of fourteen percent plus four percent per annum. The prime rate in effect on January first of each year is the applicable prime rate for legal interest for a money decree or judgment during that year. The prime rate is calculated as the base rate on corporate loans posted by at least seventy-five percent of thirty of the nation's largest banks as published in the Wall Street Journal.

(C)     Court administration annually shall compute and distribute to magistrates and clerks of court the appropriate rates of interest in accordance with this section within five business days after the first day of January. At the time a money decree or judgment is enrolled or entered the clerk of court also shall enter the interest rate in effect on that date."

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

Amend title to conform.

Rep. JENNINGS explained the amendment.

Reps. BAXLEY, HASKINS, HARRELSON, D. SMITH, RICHARDSON and BEATTY objected to the Bill.

S. 31--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 31 -- Senator Moore: A BILL TO AMEND SECTION 6-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF SIGNATURES REQUIRED ON A PETITION TO HAVE A CANDIDATE'S NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF ANY SPECIAL PURPOSE DISTRICT, SO AS TO REQUIRE AT LEAST FIFTY SIGNATURES OF QUALIFIED ELECTORS, OR FIVE PERCENT, WHICHEVER IS LESSER.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\WWW\30093DW.93), which was adopted.

Amend the bill, as and if amended, page 1, beginning on line 30, by striking /not less than fifty qualified electors of the district concerned or five/ and inserting /three/; and beginning on line 32 by striking /, whichever is lesser,/.

When amended subsection (B) of Section 6-11-70 shall read:

/(B)     Notwithstanding any provision of Title 7 or other provision of law, in such a district a candidate is required to obtain on a petition the signatures of five three percent of the qualified electors of the district in order to have his name of a special purpose district within the county./

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

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

H. 4129--DEBATE ADJOURNED

Rep. KIRSH moved to adjourn debate upon the following Joint Resolution until Thursday, May 20, which was adopted.

H. 4129 -- Reps. Kirsh, Delleney, Meacham, McCraw, Moody-Lawrence, Simrill and Hodges: A JOINT RESOLUTION TO PROVIDE FOR PAYMENT OF THE CATAWBA INDIAN LAND SETTLEMENT CLAIM.

S. 418--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 418 -- Senators J. Verne Smith, Leatherman, Matthews, Giese, Martin, O'Dell, Land, Stilwell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 TO TITLE 48 SO AS TO ENACT THE "ENVIRONMENTAL PROTECTION FUND ACT" SO AS TO PROVIDE FUNDING BY FEES FOR THE ENVIRONMENTAL PROGRAMS OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11307AC.93), which was adopted.

Amend the bill, as and if amended, by deleting Section 48-2-30(E) and inserting:

/(E)     Interest accruing on investments and deposits of the fund must be credited to the general fund./

Amend title to conform.

Rep. CARNELL explained the amendment.

The amendment was then adopted.

Rep. McELVEEN proposed the following Amendment No. 2, which was ruled out of order.

Amend the bill, as and if amended, by adding an appropriately numbered new section, as follows:

SECTION     ____.     Section 44-56-20(6) of the 1976 Code is amended by adding at the end:

"All waste disposed of in a land disposal site permitted to receive hazardous waste for disposal is considered hazardous waste."

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

Rep. McELVEEN explained the amendment.

POINT OF ORDER

Rep. CARNELL raised the Point of Order that Amendment No. 2 was out of order as it was not germane.

Rep. McELVEEN argued contra the Point in stating that if the definition changed then everything that went into Pinewood would be classified as hazardous waste and would bear the fee of hazardous waste as opposed to nonhazardous waste. He further stated that the fees that are covered in the Hazardous Waste Management Act are referred to in the first section on page 2 of the Bill.

The SPEAKER stated that the section did not refer to fees that are charged for the disposal of waste but that it referred to the fees that are charged for the permitting of the waste facilities that are enumerated in the other portions of the Bill. He further stated that there was a tax imposed per cubic foot or per pound and that the Bill dealt with the fee that was charged for the license to operate the facility and not the fee that was charged for the disposal of waste by measurement of the waste itself and he sustained the Point of Order and ruled the amendment out of order.

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

RECORD FOR VOTING

I wish to be recorded as voting against S. 418.

Rep. RONALD P. TOWNSEND

RECORD FOR VOTING

I wish to be recorded as being opposed to S. 418.

Rep. HARRY C. STILLE

H. 3382--INTERRUPTED DEBATE

The following Bill was taken up:

H. 3382 -- Reps. Haskins, Davenport, Wilkins, Robinson, Allison, Littlejohn, Cato, Richardson, Kirsh, Fair, Keyserling, Stuart, Thomas, Walker, Graham and D. Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 15 TO TITLE 37 SO AS TO ENACT THE PRIZES AND GIFTS ACT REQUIRING DISCLOSURE OF INFORMATION PERTAINING TO CONTESTS AND PROMOTIONS INCLUDING WHO IS CONDUCTING THE ACTIVITY, CONDITIONS A CONSUMER MUST MEET TO BE ELIGIBLE, AND COSTS THAT MUST BE INCURRED TO RECEIVE THE PRIZE OR GIFT; PROHIBITING USE OF NOTIFICATIONS THAT RESEMBLE CHECKS OR INVOICES; AND PROVIDING A CIVIL CAUSE OF ACTION, ENFORCEMENT PROVISIONS, AND EXEMPTIONS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11324AC.93).

Amend the bill, as and if amended, Section 37-15-30 by adding a new subsection at the end to read:

/(C)     This section does not apply to a promotion or contest meeting the requirements of Section 37-15-40./

Amend further by deleting Section 37-15-40(A) and inserting:

/(A)     No person, in connection with the sale, lease, or solicitation for sale or lease of goods, property, or service, may represent that another person has a chance to win or to receive a prize, gift, or item of value without clearly and conspicuously disclosing on whose behalf the contest or promotion is conducted and all material conditions that a participant must satisfy. In an oral solicitation all material conditions must be disclosed before requesting the consumer to enter into the sale or lease. In written material, immediately adjacent to the first identification of the prize, gift, or item of value to which it relates; or in a separate section entitled 'Award Rules' with the title printed in no less than ten-point bold face type and the section containing a description of the prize, gift, or item of value; and these disclosures must be stated:

(a)     the actual retail value of each item or prize, which for purposes of this section are:

(i)     the price at which substantial sales of the item were made in the area in which the offer was received within the last ninety days; or

(ii)     the actual cost of the item of value, gift, or prize to the person on whose behalf the contest or promotion is conducted plus no more than seven hundred percent, but in no case may the cost exceed the person's good faith estimate of the appraised retail value;

(b)     the actual number of each item, gift, or prize to be awarded; and

(c)     the odds of receiving an item, gift, or prize;

(d)     a limitation on eligibility of participation in the contest or promotion./

Amend title to conform.

Rep. HASKINS explained the amendment.

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

H. 4036--OBJECTIONS WITHDRAWN

Reps. R. YOUNG, GONZALES, H. BROWN, WOFFORD, HARRELL, J. BAILEY, FULMER and SCOTT withdrew their objections to the following Bill.

H. 4036 -- Reps. Wilkins, Clyborne, Jaskwhich, Fair, G. Brown, R. Smith, Quinn, Hines, Sharpe, McAbee, Richardson, Cato, Jennings, Gamble, Wofford, Wells, J. Bailey, Stone, Hallman, G. Bailey, J. Wilder, Marchbanks, Trotter, H. Brown, P. Harris, Keegan, Mattos, Vaughn, Walker and Phillips: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 50 SO AS TO PROVIDE FOR THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES.

H. 3759--OBJECTION WITHDRAWN

Rep. BEATTY withdrew his objection to H. 3759 however, other objections remained upon the Bill.

H. 3264--OBJECTION WITHDRAWN

Rep. WRIGHT withdrew his objection to H. 3264 however, other objections remained upon the Bill.

H. 4036--OBJECTION WITHDRAWN

Rep. INABINETT withdrew his objection to the following Bill.

H. 4036 -- Reps. Wilkins, Clyborne, Jaskwhich, Fair, G. Brown, R. Smith, Quinn, Hines, Sharpe, McAbee, Richardson, Cato, Jennings, Gamble, Wofford, Wells, J. Bailey, Stone, Hallman, G. Bailey, J. Wilder, Marchbanks, Trotter, H. Brown, P. Harris, Keegan, Mattos, Vaughn, Walker and Phillips: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 50 SO AS TO PROVIDE FOR THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES.

S. 703--RECALLED FROM THE COMMITTEE ON
AGRICULTURE, NATURAL RESOURCES AND
ENVIRONMENTAL AFFAIRS

On motion of Rep. RHOAD, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 703 -- Senator Reese: A BILL TO AMEND SECTION 50-25-1330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT MOTOR RESTRICTIONS ON LAKE H. TAYLOR BLALOCK, SO AS TO REVISE THE MOTOR HORSEPOWER RESTRICTION APPLICABLE TO PONTOON BOATS GREATER THAN SIXTEEN FEET IN LENGTH FROM THIRTY-FIVE TO FORTY.

H. 3346--OBJECTIONS WITHDRAWN

Reps. SHARPE and WRIGHT, with unanimous consent, withdrew their objections to the following Bill.

H. 3346 -- Rep. McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-354 SO AS TO PROHIBIT THE HUNTING OF DEER ACROSS PUBLIC ROADS, STREETS, OR HIGHWAYS IN GAME ZONE 2 AND PROVIDE PENALTIES.

S. 482--RECALLED FROM THE COMMITTEE ON
LABOR, COMMERCE AND INDUSTRY

On motion of Rep. T.C. ALEXANDER, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry by a division vote of 46 to 0.

S. 482 -- Senators J. Verne Smith, O'Dell, Wilson, McConnell, Passailaigue, Leatherman and Martin: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS BY ADDING CHAPTER 68 SO AS TO REGULATE BUSINESSES THAT OFFER STAFF LEASING SERVICES; AND TO PROVIDE FOR LICENSING AND DISCIPLINARY ACTION.

RULE 5.12 WAIVED

Rep. T.C. ALEXANDER moved to waive Rule 5.12, which was agreed to by a division vote of 46 to 0.

OBJECTION TO RECALL

Rep. RICHARDSON asked unanimous consent to recall H. 3831 from the Committee on Labor, Commerce and Industry.

Rep. R. SMITH objected.

H. 3579--SENATE AMENDMENTS CONCURRED IN

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

H. 3579 -- Reps. Cooper, Davenport, Townsend, Cato, Robinson, Allison, Wells, Walker, Littlejohn, D. Smith, Wilkins, Marchbanks, P. Harris and Vaughn: A CONCURRENT RESOLUTION TO ENCOURAGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO SEEK AVAILABLE FEDERAL FUNDING IN SUPPORT OF INFRASTRUCTURE GROWTH IN THE COMMUNITIES OF GREENVILLE, ANDERSON, PICKENS, SPARTANBURG, AND LAURENS COUNTIES.

The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.

H. 3174--SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

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

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

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

S. 371--NON-CONCURRENCE IN SENATE AMENDMENTS

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

S. 371 -- Senator Drummond: A BILL TO AMEND SECTION 7-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY PRIMARIES CONDUCTED BY THE STATE ELECTION COMMISSION, SO AS TO CLARIFY THAT FILING FEES FOR ALL CANDIDATES FILING TO RUN IN ALL PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE TRANSMITTED BY THE RESPECTIVE POLITICAL PARTIES TO THE COMMISSION.

Rep. HODGES explained the Senate amendment.

The House refused to agree to the Senate amendments by a division vote of 36 to 59, and a message was ordered sent accordingly.

S. 724--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

S. 724 -- Fish, Game & Forestry Committee: A CONCURRENT RESOLUTION TO ENCOURAGE THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO WORK WITH AGRICULTURAL INTERESTS TO IDENTIFY AREAS WHERE SIGNIFICANT CROP DAMAGE OCCURS DUE TO WHITE-TAILED DEER, REQUEST SPORT HUNTERS, LAND OWNERS, AND LAND MANAGERS TO HARVEST ANTLERLESS DEER TO REDUCE DEER POPULATIONS IN THESE AREAS, AND REQUEST APPROPRIATE RESEARCH.

Whereas, the South Carolina General Assembly recognizes the economic, aesthetic, and recreational value of the white-tailed deer to the citizens of South Carolina; and

Whereas, it is recognized that approximately one hundred fifty-seven thousand citizens spend 3.13 million person days each year sport hunting white-tailed deer; and

Whereas, the General Assembly recognizes the economic cost associated with deer populations which include, but are not limited to, damage to agricultural crops; and

Whereas, the General Assembly recognizes the need to reduce deer populations in some areas of the State to balance the socio-economic and recreational aspects of the resource. Now, therefore,

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

That the General Assembly encourages the South Carolina Wildlife and Marine Resources Department to work closely with agricultural interests to identify areas where significant crop damage occurs and requests all parties to cooperate to encourage sport hunters, landowners, and land managers to strive to harvest adequate numbers of antlerless deer to reduce deer populations in these areas. The General Assembly also requests that all appropriate parties participate in conducting research regarding deer herd dynamics, crop damage, and harvest strategies.

Be it further resolved that a copy of this resolution be forwarded to the Executive Director of the South Carolina Wildlife and Marine Resources Department.

The Concurrent Resolution was adopted and ordered returned to the Senate.

SPEAKER PRO TEMPORE IN CHAIR
H. 4170--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 4170 -- Reps. Sheheen, Delleney, Fulmer, Harrison, McElveen and McTeer: A CONCURRENT RESOLUTION TO DECLARE THE PUBLIC POLICY OBJECTIVES AND STATE INTERESTS OF THE STATE OF SOUTH CAROLINA IN ESTABLISHING SINGLE-GENDER INSTITUTIONS OF HIGHER LEARNING FOR THE PURPOSE OF PROVIDING SINGLE-GENDER POST-SECONDARY EDUCATIONAL OPPORTUNITIES TO ITS CITIZENS, AND TO ESTABLISH A COMMITTEE TO FORMULATE RECOMMENDATIONS FOR THE GENERAL ASSEMBLY TO CONSIDER IN EXPLORING ALTERNATIVES FOR THE PROVISION OF SINGLE-GENDER EDUCATIONAL OPPORTUNITIES FOR WOMEN.

Whereas, the federal courts in various jurisdictions have held that single-gender institutions of higher learning provide valuable and unique educational opportunities and are constitutionally permissible based on legitimate public policy considerations which justify single-gender education; and

Whereas, studies conducted by several scholars have concluded that for a variety of reasons single-gender institutions have advantages over coeducational institutions in numerous areas, and the data developed suggests that the differences between a single-gender student population and a coeducational one justify a state's offering single-gender education; and

Whereas, a state nevertheless must provide constitutionally permissible single-gender opportunities in higher education based on public policy considerations which justify single-gender classifications as being in the best interests of the providing state; and

Whereas, the General Assembly of the State of South Carolina, by this resolution, declares and stipulates that the public policy considerations and state interests of South Carolina in establishing, supporting, and providing for single-gender institutions of higher learning are as follows:

1. Policy of Diversity.

South Carolina believes that its institutions of higher learning should be diverse as to size, competitiveness, program emphasis, student population, and location so as to provide students with a variety of academic opportunities and experiences. In compliance with this policy of diversity, South Carolina has established a variety of diverse educational post-secondary institutions ranging from small colleges to large regional universities, from liberal arts programs to specific research-based programs, from two-year institutions to four-year institutions with no graduate programs and to four-year institutions with comprehensive graduate and professional schools. In this context, a policy of diversity should include places for single-gender institutions within the overall higher education system of this State. The single-gender institutions this State has supported over the years have been as a result of the legitimate state interest and desire for diversity in its educational institutions, and a belief that a diverse state program that includes both single-gender programs and coeducational programs better meets the individual needs of students than does a program or policy that requires all students, without regard to individual needs, to attend coeducational colleges.

2. Policy of Meeting Need and Demand.

A need for single-gender educational programs exists in South Carolina in the opinion of its citizens, and a public demand for them continues. The citizens of South Carolina want these programs and the public interest is well served by them. A tremendous demand exists now and has historically existed for the type of single-gender opportunities the State has offered. It may be true that this demand is somewhat unique to South Carolina and other similar states and does not necessarily exist throughout the country but, nevertheless, where sufficient demand has existed for particular single-gender programs of either gender thereby justifying the expenditure of public funds to support such programs, the State of South Carolina has supported such programs and has a valid state interest in doing so. The current single-gender situations in South Carolina are popular, fully-subscribed, and flourishing and clearly the State has a legitimate public policy interest in offering and providing the types of educational experiences, including single-gender ones, that its taxpayers and citizens desire and support. In addition, where a single-gender institution produces graduates of a particular discipline, training, or expertise, and the record shows that this type of training could not be as successfully developed at a coeducational institution, a legitimate and important state interest is served if the State through its agencies and programs or the nation through its agencies and programs utilizes these graduates for compelling state or national needs.

3. Policy of Autonomy.

In the system of higher education in place in South Carolina, each institution of higher learning is governed by a board of trustees which governs the institution subject to the general law and in conjunction with the Commission on Higher Education. The General Assembly has directed the Commission on Higher Education and the state's institutions of higher learning to seek to create an environment in which each institution can pursue its own mission within the broader statewide framework.

The missions of South Carolina's sixty-two public and independent post-secondary institutions vary widely. Research universities offer degree programs through the doctoral level and professional programs consistent with their respective missions. In addition, their missions emphasize funded research and public service activities that complement academic programs. Within the context of their variety of roles and missions, senior colleges offer a broad range of degree programs including graduate programs at the master's degree level in selected fields as well as public service and research programs. This comprehensive system as a matter of public policy should include an institution's right to choose to offer a single-gender program if sufficient demand for such a program exists and if the program fits within the broad framework of the overall state educational system.

The General Assembly as part of its stated public policy of allowing each institution the autonomy within certain guidelines to develop individualized mission statements and programs has therefore determined that it is consistent with its stated policy of institutional autonomy for an institution to offer a single-gender opportunity accomplished through the enactment of such vehicles as specific admission requirements based on gender or other similar requirements.

4. Policy of Economy of Resources.

The resources of the State of South Carolina available for higher education are becoming more and more scarce, and it is mandatory and a compelling public policy and state interest that the available resources and funding for each institution of higher learning be used in the most efficient and effective manner possible.

Studies have shown that single-gender programs provide a diversity of choice for the individual and varying needs of students in the most efficient, economical, and prudent manner possible and with the maximum utilization of the resources and assets of the State. This is true because single-gender programs avoid the duplication and additional expense that would be incurred if an attempt was made to offer the unique characteristics of a single-gender program at a coeducational institution. A single-gender institution can deliver some specific programs including those with holistic or adversarial characteristics at less cost than can a coeducational institution and the State has a legitimate public policy interest in providing these types of programs at the least possible cost. Also, consistent with its policy of providing single-gender educational opportunities for the reasons enumerated herein, the State of South Carolina has found that the physical plant of a single-gender institution must have certain characteristics different from those of a coeducational institution for the purpose of ensuring privacy, safety, and for other such considerations. To attempt to construct or adapt the physical plant of a single-gender institution for the purpose of making it suitable for coeducation would be prohibitively expensive.

Consequently, given the fiscal situation in South Carolina and given the competing demands on its scarce resources, it is in the best interest of the State and a prudent public policy for single-gender institutions to be part of this state's higher education system so that unique programs may be offered to interested students in the most economical and efficient manner possible without unnecessary duplication and additional expense.

5. Policy of Choice.

Single-gender institutions and their programs provide a freedom of choice to students and their families, and the General Assembly believes as a matter of public policy that this is a freedom for individual choice that does not need to be destroyed. Ample choices and opportunities for college educations in mixed-gender coeducational environments exist in South Carolina and in other states and those individuals desiring a single-gender choice should also have the opportunity to make such a choice. Single-gender institutions are not inherently unconstitutional or unlawful, and the General Assembly believes that as a matter of public policy it has a duty to offer its citizens the widest range of educational opportunities it can offer in the manner allowed by law, including single-gender opportunities, so that interested students are free to choose an institution which, due to its distinctive educational methods, is not diminished or impaired as a result of a coeducational requirement; and

Whereas, for reasons and policies above provided, South Carolina has historically supported and continues to support single-gender educational institutions as a matter of public policy based on legitimate state interests where sufficient demand has existed for particular single-gender programs thereby justifying the expenditure of public funds to support such programs; and

Whereas, presently in South Carolina single-gender educational opportunities exist for men at The Citadel, but do not exist for women in all areas; and

Whereas, the members of the General Assembly, by this resolution, express their belief that it is appropriate for this State to begin the process of providing single-gender educational opportunities for women. Now, therefore,

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

That the General Assembly for the reasons stipulated in this resolution hereby declares that the public policy objectives and the state interest of the State of South Carolina in establishing single-gender institutions of higher learning for the purpose of providing single-gender post-secondary education opportunities to its citizens are as contained in this resolution.

Be it further resolved that a committee of ten members is created to assist the State of South Carolina in carrying out its responsibilities of providing single-gender educational opportunities for women, and the committee shall formulate recommendations for the General Assembly to consider in exploring alternatives for the provision of single-gender educational opportunities for women.

Five members of the committee shall be appointed by the Speaker of the House of Representatives and five members of the committee shall be appointed by the President Pro Tempore of the Senate. The members of the committee shall meet as soon as practicable after appointment and shall organize, elect officers, and adopt rules to govern the proceedings of the committee.

The committee shall submit its report to the General Assembly at the beginning of its 1994 session at which time the committee shall be dissolved. During its deliberations, the committee shall be staffed by such personnel as provided and assigned by the Speaker of the House from House staff and the President Pro Tempore of the Senate from Senate staff.

Reps. WAITES and WHIPPER proposed the following Amendment No. 1, which was tabled.

Delete all sections before page 6 line 42.

Rep. WAITES explained the amendment.

Rep. SHEHEEN spoke upon the amendment.

Rep. FULMER moved to table the amendment.

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

Yeas 96; Nays 17

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Bailey, G.
Barber                 Baxley                 Boan
Brown, G.              Brown, H.              Brown, J.
Carnell                Cato                   Chamblee
Cooper                 Corning                Cromer
Davenport              Delleney               Fair
Farr                   Felder                 Fulmer
Gamble                 Gonzales               Govan
Graham                 Hallman                Harrell
Harrelson              Harris, J.             Harris, P.
Harrison               Harvin                 Harwell
Haskins                Hodges                 Holt
Houck                  Huff                   Hutson
Jaskwhich              Jennings               Keegan
Kelley                 Kennedy                Kinon
Klauber                Koon                   Lanford
Law                    Littlejohn             Marchbanks
Mattos                 McAbee                 McCraw
McElveen               McKay                  McLeod
McTeer                 Meacham                Phillips
Quinn                  Richardson             Riser
Robinson               Rudnick                Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Snow
Stille                 Stoddard               Stone
Stuart                 Sturkie                Thomas
Townsend               Trotter                Tucker
Vaughn                 Waldrop                Walker
Wilder, D.             Wilder, J.             Wilkes
Wilkins                Witherspoon            Wofford
Worley                 Wright                 Young, R.

Total--96

Those who voted in the negative are:

Bailey, J.             Breeland               Byrd
Hines                  Inabinett              Keyserling
Kirsh                  McMahand               Moody-Lawrence
Neal                   Neilson                Rogers
Scott                  Waites                 Whipper
White                  Williams

Total--17

So, the amendment was tabled.

Rep. SHEHEEN explained the Concurrent Resolution.

LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. HARRELSON a leave of absence for the remainder of the day.

Rep. WHIPPER spoke against the Concurrent Resolution.

The question then recurred to the adoption of the Resolution.

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

Yeas 95; Nays 20

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Askins                 Bailey, G.             Barber
Baxley                 Boan                   Brown, G.
Brown, H.              Carnell                Cato
Chamblee               Clyborne               Cooper
Corning                Cromer                 Davenport
Delleney               Fair                   Farr
Felder                 Fulmer                 Gamble
Gonzales               Govan                  Graham
Hallman                Harrell                Harris, J.
Harris, P.             Harvin                 Harwell
Haskins                Hodges                 Holt
Houck                  Huff                   Hutson
Jaskwhich              Jennings               Keegan
Kelley                 Kennedy                Kinon
Klauber                Koon                   Lanford
Law                    Littlejohn             Marchbanks
Martin                 Mattos                 McAbee
McCraw                 McElveen               McKay
McLeod                 McTeer                 Meacham
Phillips               Quinn                  Rhoad
Richardson             Riser                  Robinson
Rudnick                Sharpe                 Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Snow                   Stille
Stoddard               Stone                  Stuart
Sturkie                Thomas                 Townsend
Trotter                Tucker                 Vaughn
Waldrop                Walker                 Wells
Wilder, D.             Wilder, J.             Wilkes
Wilkins                Witherspoon            Wofford
Worley                 Wright

Total--95

Those who voted in the negative are:

Anderson               Bailey, J.             Beatty
Breeland               Brown, J.              Byrd
Hines                  Inabinett              Keyserling
Kirsh                  McMahand               Moody-Lawrence
Neal                   Neilson                Rogers
Scott                  Spearman               Waites
Whipper                White

Total--20

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

RECORD FOR VOTING

I wish to be recorded as voting in favor of the Concurrent Resolution.

Rep. JAMES H. HARRISON

RECORD FOR VOTING

Had I been in the Chamber, I would have voted in favor of the Resolution.

Rep. ROGER M. YOUNG

H. 4169--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 4169 -- Reps. McLeod, Harrelson, Baker, Harrison, Hutson, Riser, Witherspoon, Wilkins, J. Bailey, Byrd, Cromer, Neilson, Thomas, Graham, Inabinett, Moody-Lawrence, Wells, Allison, Wright, Klauber, T.C. Alexander, Harrell, G. Bailey, P. Harris, Kinon, Lanford, Walker, Waites, Meacham, Stille, Houck, Carnell, Chamblee, Robinson, Gonzales, Hines, G. Brown, Felder, Meacham, Kennedy, Harwell, Simrill, R. Smith, Harvin, Tucker, Kelley, Stone, Cooper, McMahand, Sturkie, Townsend, Holt, Stuart, Neal, Vaughn, Shissias, Haskins, D. Smith, Richardson, and Rhoad: A CONCURRENT RESOLUTION TO DIRECT THE BUDGET AND CONTROL BOARD, DIVISION OF HUMAN RESOURCE MANAGEMENT, TO UNDERTAKE A STUDY OF THE EMPLOYEES OF THE MOTOR VEHICLE DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND REPORT ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY NO LATER THAN JANUARY 18, 1994.

Whereas, the citizens of the State of South Carolina endure long lines whenever they conduct business with the Motor Vehicle Division of the South Carolina Department of Highways and Public Transportation; and

Whereas, the citizens of this State are often subjected to employees of this agency who do not have the patience, proper attitude, or compassion to deal with the public. Now, therefore,

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

That the Budget and Control Board, Division of Human Resource Management, shall conduct a study to determine the appropriate elements that should be taken to correct this situation at the South Carolina Department of Highways and Public Transportation and report their findings back to the General Assembly no later than January 18, 1994.

Be it further resolved that a copy of this resolution be forwarded to Phyllis M. Mayes, Director, Division of Human Resource Management.

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

RECURRENCE TO THE MORNING HOUR

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

REPORTS OF STANDING COMMITTEES

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

H. 3894 -- Reps. Cromer, A. Young, Quinn, Meacham, Fulmer, Richardson, Hallman, R. Smith, Govan, Stone, Waites, McKay, Neilson, Simrill, Jaskwhich, Houck, Davenport, J. Harris, P. Harris, Hines, Hutson, Gamble, Cato, Vaughn, Shissias, Chamblee, Wright, Keyserling, Keegan, Spearman, H. Brown, Allison, Thomas, Harrell, Riser, Byrd, Klauber, Waldrop, Stille, R. Young, Barber, Kelley, Gonzales, Holt, Delleney, Jennings, Canty and Wilkes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 7 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE SENATE AND HOUSE OF REPRESENTATIVES, AND TO ARTICLE VI, SECTION 1, RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.

Ordered for consideration tomorrow.

Rep. KOON, from the Lexington Delegation, submitted a favorable report, on:

H. 4181 -- Reps. Koon and Spearman: A BILL TO DECLARE A CERTAIN ROAD IN LEXINGTON COUNTY TO BE A COUNTY ROAD AND A PART OF THE COUNTY ROAD SYSTEM OF LEXINGTON COUNTY.

Ordered for consideration tomorrow.

LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. CROMER a leave of absence for the remainder of the day.

S. 597--INTERRUPTED DEBATE
CONFERENCE REPORT
The General Assembly, Columbia, S.C., April 28, 1993

The CONFERENCE COMMITTEE, to whom was referred: S.597
S. 597 -- Senator Saleeby: A JOINT RESOLUTION TO REQUIRE THE SOUTH CAROLINA CHIEF INSURANCE COMMISSIONER TO SOLICIT AN INVITATION FOR BIDS FOR ANY AND ALL SERVICES USED OR PAID FOR BY THE SOUTH CAROLINA REINSURANCE FACILITY AND TO CONDUCT CERTAIN AUDITS AND REPORT THE RESULTS TO THE GENERAL ASSEMBLY.
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, page 1, line 43 by deleting line 43 and inserting therein the following:

/ blocks of business to be awarded to not / .

Amend title to conform.

/s/Senator Edward E. Saleeby      /s/Rep. Thomas Alexander
/s/Senator Ernest Passailaigue    /s/Rep. Harry Cato
/s/Senator McKinley Washington    /s/Rep. John Felder
On Part of the Senate.                 On Part of the House.

Rep. T.C. ALEXANDER explained the Conference Report.

Rep. FELDER explained the Conference Report.

Rep. T.C. ALEXANDER explained the Conference Report.

Rep. J. BAILEY spoke in favor of the Conference Report.

Rep. FELDER explained the Conference Report.

Rep. WELLS moved that the House recede until 2:15 P.M.

Rep. CARNELL moved that the House do now adjourn.

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

Yeas 13; Nays 86

Those who voted in the affirmative are:

Baxley                 Beatty                 Breeland
Davenport              Haskins                Inabinett
Jennings               Kennedy                Martin
McAbee                 McLeod                 Tucker
Whipper

Total--13

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Askins                 Bailey, G.             Bailey, J.
Boan                   Brown, H.              Cato
Chamblee               Clyborne               Cobb-Hunter
Cooper                 Corning                Delleney
Fair                   Farr                   Felder
Fulmer                 Gamble                 Gonzales
Govan                  Graham                 Hallman
Harrell                Harris, J.             Harvin
Hines                  Hodges                 Holt
Houck                  Huff                   Hutson
Jaskwhich              Keegan                 Kelley
Keyserling             Kinon                  Kirsh
Klauber                Lanford                Law
Littlejohn             Marchbanks             McCraw
McElveen               McTeer                 Meacham
Moody-Lawrence         Neal                   Neilson
Quinn                  Richardson             Riser
Robinson               Rudnick                Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Spearman
Stille                 Stoddard               Stone
Stuart                 Sturkie                Thomas
Townsend               Trotter                Vaughn
Waites                 Waldrop                Walker
Wells                  White                  Wilder, D.
Wilder, J.             Wilkes                 Wilkins
Witherspoon            Wofford                Worley
Wright                 Young, R.

Total--86

So, the House refused to adjourn.

The question then recurred to the motion that the House recede until 2:15 P.M., which was rejected by a division vote of 30 to 62.

Rep. RICHARDSON spoke in favor of the Conference Report.

Rep. J. HARRIS moved to adjourn debate upon the Conference Report until Wednesday, May 26.

Rep. T.C. ALEXANDER moved to table the motion.

Rep. T.C. ALEXANDER demanded the yeas and nays, which were taken resulting as follows:

Yeas 73; Nays 30

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Askins                 Bailey, G.             Bailey, J.
Boan                   Breeland               Brown, H.
Byrd                   Cato                   Chamblee
Cooper                 Corning                Delleney
Fair                   Fulmer                 Gamble
Gonzales               Graham                 Hallman
Harrell                Harrison               Harvin
Haskins                Hines                  Hodges
Holt                   Houck                  Huff
Hutson                 Jaskwhich              Keegan
Keyserling             Kinon                  Koon
Lanford                Law                    Littlejohn
Marchbanks             McElveen               Meacham
Neal                   Neilson                Quinn
Richardson             Riser                  Robinson
Rudnick                Sheheen                Shissias
Simrill                Smith, R.              Snow
Spearman               Stoddard               Stone
Stuart                 Sturkie                Trotter
Vaughn                 Waites                 Walker
Wells                  Whipper                White
Wilder, D.             Wilder, J.             Wilkins
Witherspoon            Wofford                Worley
Wright

Total--73

Those who voted in the negative are:

Anderson               Baxley                 Brown, G.
Brown, J.              Davenport              Farr
Felder                 Govan                  Harris, J.
Inabinett              Jennings               Kelley
Kennedy                Kirsh                  Martin
McAbee                 McCraw                 McLeod
McMahand               Moody-Lawrence         Phillips
Rhoad                  Smith, D.              Stille
Thomas                 Townsend               Tucker
Waldrop                Wilkes                 Young, R.

Total--30

So, the motion to adjourn debate was tabled.

Rep. McABEE spoke against the Conference Report.

RULE 6.1 WAIVED

Rep. J. BAILEY moved to waive Rule 6.1, which was agreed to.

Rep. McABEE continued speaking.

Rep. WELLS moved that the House recede until 2:15 P.M.

Rep. BAXLEY moved that the House do now adjourn.

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

Yeas 9; Nays 81

Those who voted in the affirmative are:

Baxley                 Beatty                 Davenport
Inabinett              Jennings               Kennedy
McLeod                 McMahand               Wilkes

Total--9

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Askins                 Bailey, G.             Bailey, J.
Brown, H.              Cato                   Chamblee
Clyborne               Cobb-Hunter            Cooper
Corning                Fair                   Farr
Felder                 Fulmer                 Gamble
Gonzales               Govan                  Graham
Hallman                Harrell                Harris, J.
Harrison               Harvin                 Haskins
Holt                   Houck                  Huff
Hutson                 Jaskwhich              Keegan
Kelley                 Keyserling             Kinon
Kirsh                  Koon                   Lanford
Law                    Littlejohn             Marchbanks
McCraw                 McKay                  McTeer
Meacham                Moody-Lawrence         Neal
Neilson                Richardson             Riser
Robinson               Rudnick                Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Snow                   Spearman
Stille                 Stoddard               Stone
Stuart                 Sturkie                Townsend
Trotter                Tucker                 Vaughn
Waites                 Waldrop                Walker
Wells                  Whipper                White
Wilder, D.             Wilder, J.             Witherspoon
Wofford                Worley                 Wright

Total--81

So, the House refused to adjourn.

The question then recurred to the motion that the House recede until 2:15 P.M., which was agreed to by a division vote of 54 to 40.

Further proceedings were interrupted by the House receding, the pending question being consideration of the Conference Report, Rep. McABEE having the floor.

THE HOUSE RESUMES

At 2:15 P.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

LEAVE OF ABSENCE

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

S. 597--POINT OF ORDER

Debate was resumed on the following Conference Report, the pending question being the consideration of the Report, Rep. McABEE having the floor.

CONFERENCE REPORT
The General Assembly, Columbia, S.C., April 28, 1993

The CONFERENCE COMMITTEE, to whom was referred: S.597
S. 597 -- Senator Saleeby: A JOINT RESOLUTION TO REQUIRE THE SOUTH CAROLINA CHIEF INSURANCE COMMISSIONER TO SOLICIT AN INVITATION FOR BIDS FOR ANY AND ALL SERVICES USED OR PAID FOR BY THE SOUTH CAROLINA REINSURANCE FACILITY AND TO CONDUCT CERTAIN AUDITS AND REPORT THE RESULTS TO THE GENERAL ASSEMBLY.
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, page 1, line 43 by deleting line 43 and inserting therein the following:

/ blocks of business to be awarded to not / .

Amend title to conform.

/s/Senator Edward E. Saleeby      /s/Rep. Thomas Alexander
/s/Senator Ernest Passailaigue    /s/Rep. Harry Cato
/s/Senator McKinley Washington    /s/Rep. John Felder
On Part of the Senate.                 On Part of the House.

Rep. McABEE continued speaking.

POINT OF ORDER

Rep. JENNINGS raised the Point of Order that the Conference Report was out of order in compliance with Rule 5.15 in that it had not been printed in the Journal.

The SPEAKER sustained the Point of Order.

RULE 5.15 NOT WAIVED

Rep. T.C. ALEXANDER moved to waive Rule 5.15, which was rejected by a division vote of 23 to 39.

The Report was ordered printed in the Journal.

MESSAGE FROM THE SENATE

The following was received.

Columbia, S.C., May 12, 1993
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Drummond, Land and McConnell of the Committee of Conference on the part of the Senate on S. 422:
S. 422 -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-15 SO AS TO PROVIDE THAT ALL FUNCTIONS OF THE STATE BUDGET AND CONTROL BOARD IN THE PREPARATION AND SUBMISSION TO THE GENERAL ASSEMBLY OF THE RECOMMENDED STATE BUDGET ARE DEVOLVED UPON THE GOVERNOR; TO PROVIDE THAT THE GOVERNOR SHALL CONSULT WITH THE STATE TREASURER AND THE COMPTROLLER GENERAL IN PREPARING THE RECOMMENDATIONS, TO PROVIDE THAT THE BUDGET DIVISION OF THE STATE BUDGET AND CONTROL BOARD SHALL ASSIST THE GOVERNOR IN PREPARING BUDGET RECOMMENDATIONS, AND TO PROVIDE FOR THE STATUS OF THE BUDGET DIVISION WITHIN THE STATE BUDGET AND CONTROL BOARD.
Very respectfully,
President

No. 400

Received as information.

INTRODUCTION OF BILLS

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

H. 4185 -- Reps. Farr, P. Harris, Carnell, Quinn, Neilson, Stone, Mattos, Koon, Littlejohn, McCraw, Phillips, Delleney, Riser and D. Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 6, TITLE 44 AND SECTION 62-5-450 SO AS TO PROVIDE FOR COURT-APPROVED TRUSTS AND THEIR REQUIREMENTS IN ORDER FOR A TRUST BENEFICIARY TO QUALIFY FOR MEDICAID FOR NURSING HOME CARE; AND TO AMEND SECTION 62-5-420, RELATING TO CONSERVATORS, SO AS TO PROVIDE THAT THE ESTABLISHMENT OF A COURT-APPROVED TRUST MEETING CERTAIN CRITERIA IS NOT A TRANSFER OR ALIENATION OF PROPERTY.

RULE 5.12 WAIVED

Rep. FARR moved to waive Rule 5.12, which was agreed to by a division vote of 27 to 0.

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

H. 4186 -- Reps. Corning, Sturkie, Sheheen, Shissias, Wright, Waites and Hallman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-75-355 SO AS TO PROVIDE THAT MEMBERS OF THE WINDSTORM AND HAIL UNDERWRITING ASSOCIATION ARE NOT REQUIRED TO WRITE PROPERTY INSURANCE TO COVER CERTAIN STRUCTURES SEAWARD OF THE SETBACK LINE ESTABLISHED BY THE COASTAL COUNCIL AND DEFINE TERMS.

Referred to Committee on Labor, Commerce and Industry.

H. 4187 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO LICENSES; REVOCATION AND SUSPENSION, RENEWAL; AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1637, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

S. 731 -- Senators Elliott, Greg Smith and Rankin: A BILL TO AMEND CHAPTER 5, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF TRANSPORTATION, POSSESSION, CONSUMPTION, AND SALE OF ALCOHOLIC BEVERAGES, BY ADDING SECTION 61-5-185 RELATING TO LICENSING OF BONA FIDE NONPROFIT ORGANIZATIONS AND BUSINESS ESTABLISHMENTS UNDER SECTION 61-5-50 WHEN LOCATED EAST OF THE INTERCOASTAL WATERWAY IN A COUNTY WHERE THE ANNUAL ACCOMMODATIONS TAX COLLECTIONS EXCEED SIX MILLION DOLLARS.

Referred to Committee on Labor, Commerce and Industry.

S. 762 -- Senator Martin: A BILL TO AMEND SUBSECTION D OF ACT 261 OF 1981, RELATING TO PICKENS COUNTY SCHOOL DISTRICT, SO AS TO SPECIFY THE AMOUNT OF REVENUE WHICH MAY BE GENERATED EACH YEAR FOR NECESSARY SCHOOL MAINTENANCE.

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

HOUSE RESOLUTION

The following was introduced:

H. 4188 -- Rep. J. Brown: A HOUSE RESOLUTION AUTHORIZING THE IMPERIAL COUNCIL OF SHRINERS TO USE THE HOUSE CHAMBER ON FRIDAY, MAY 14, 1993, FOR AN ADDRESS BY THE LIEUTENANT GOVERNOR OF SOUTH CAROLINA.

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

H. 3382--AMENDED AND ORDERED TO THIRD READINGS

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

H. 3382 -- Reps. Haskins, Davenport, Wilkins, Robinson, Allison, Littlejohn, Cato, Richardson, Kirsh, Fair, Keyserling, Stuart, Thomas, Walker, Graham and D. Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 15 TO TITLE 37 SO AS TO ENACT THE PRIZES AND GIFTS ACT REQUIRING DISCLOSURE OF INFORMATION PERTAINING TO CONTESTS AND PROMOTIONS INCLUDING WHO IS CONDUCTING THE ACTIVITY, CONDITIONS A CONSUMER MUST MEET TO BE ELIGIBLE, AND COSTS THAT MUST BE INCURRED TO RECEIVE THE PRIZE OR GIFT; PROHIBITING USE OF NOTIFICATIONS THAT RESEMBLE CHECKS OR INVOICES; AND PROVIDING A CIVIL CAUSE OF ACTION, ENFORCEMENT PROVISIONS, AND EXEMPTIONS.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1 by the Committee of Labor, Commerce and Industry.

The amendment was then adopted.

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

H. 3664--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3664 -- Reps. Quinn, Wilkes, R. Young, T.C. Alexander, Wright and Haskins: A BILL TO AMEND CHAPTER 58, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF MORTGAGE LOAN BROKERS, SO AS TO PROVIDE ADDITIONAL DEFINITIONS AND RESTRICTIONS ON THE REGISTRATION OF MORTGAGE LOAN BROKERS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 40-58-55 SO AS TO PROVIDE GROUNDS FOR REFUSAL TO REGISTER AN APPLICANT; 40-58-65 SO AS TO REQUIRE RECORDKEEPING AND PROVIDE FOR INSPECTION OF THOSE RECORDS; AND 40-58-75 SO AS TO PROVIDE FOR DISCLOSURE STATEMENTS TO LOAN APPLICANTS, TO INCREASE THE BOND REQUIRED FOR APPLICANTS, TO INCREASE REGISTRATION FEES, AND TO PROVIDE FOR ADMINISTRATIVE FINES.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4602AL.93), which was adopted.

Amend the bill, as and if amended, by striking Section 40-58-10, SECTION 1, and inserting:

/Section 40-58-10. (A) This chapter may be cited as the Registration Requirements Act of Certain Loan Brokers of Mortgages and deeds of trust on Residential Real Property.

(B)     No person, partnership, corporation, banking organization, or other organization, shall broker a residential mortgage loan as defined in this chapter unless either (1) the broker of the mortgage loan:

(1)     is an exempt person or organization as defined by Section 40-58-20(5); or

(2)     has complied with the provisions of this chapter./

Amend further by striking Section 40-58-20, SECTION 1, and inserting:

/Section 40-58-20. As used in this chapter:

(1)     'Mortgage loan' means a loan to a natural person made primarily for personal, family, or household use primarily secured by either a mortgage or a deed of trust on residential real property;.

(2)     'Residential real property' means real property located in this State upon which there is located or there is to be located one or more single family, owner-occupied dwellings or dwelling units;.

(3)     'Mortgage loan broker' means a person or organization in the business of soliciting, processing, placing, or negotiating mortgage loans for others or offering to process, place, or negotiate mortgage loans for others;. Mortgage loan broker also includes a person or organization who brings borrowers or lenders together to obtain mortgage loans or renders a settlement service as described in 24 CFR Part 3500.2(a)(16)(ii).

(4)     'Soliciting, processing, placing, or negotiating a mortgage loan' means for compensation or gain, either directly or indirectly, accepting or offering to accept an application for a mortgage loan, assisting or offering to assist in the processing of an application for a mortgage loan, soliciting or offering to solicit a mortgage loan on behalf of a third party, or negotiating or offering to negotiate the terms or conditions of a mortgage loan with a lender on behalf of a third party;.

(5)     'Exempt person or organization' means:

(a)     a bank, bank holding company, credit union, savings and loan association, savings and loan association holding company, their affiliates and subsidiaries, a supervised licensed lender under Title 37 and a restricted lender under Title 34 and their affiliates and subsidiaries, a Department of Housing and Urban Development or Federal Housing Administration approved mortgagee authorized, chartered, licensed, or approved under the laws of this State or of the United States or an instrumentality of them;

(b)     an attorney at law licensed to practice law in South Carolina who is not engaged principally in negotiating mortgage loans when the attorney renders services in the course of his practice as an attorney at law;

(c)     a person employed by an organization defined in subitem (a) of this item;

(d)     title company which is qualified to issue title insurance, directly or through its agents.

(6)     'Registrant' means a person or organization who is registered pursuant to Section 40-58-50 which engages in the business of soliciting, processing, placing, or negotiating mortgage loans for others or offering to process, place, or negotiate mortgage loans for others;.

(7)     'Administrator' means the Administrator of the Department of Consumer Affairs of this State.

(8)     'RESPA' means the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq., as amended.

(9)     'Recasting' means a promise for an individual to recoup a home sold to a third party with the intent of the original seller to rent back the property for a specific time at which the original seller will have the option to purchase the property back at a specific price. The specific period of time would normally be one year.

(10)     'HUD' means the Department of Housing and Urban Development.

(11)     'Department' means the South Carolina Department of Consumer Affairs.

Amend further by striking Section 40-58-50(B), SECTION 1, and inserting:

/(B)     The application must include an affirmation of financial solvency noting capitalization bonding requirements required by the administrator department and the descriptions of the business activities, financial responsibility, educational background, and general character and fitness of the applicant as required by the administrator this chapter. The application must be accompanied by a fee, payable to the administrator department, of five hundred dollars./

Amend further by striking in Section 40-58-65(B), SECTION 1, and inserting:

/(B)     The department, at its discretion, may examine the books and records of a registrant and other specified documents to determine whether there has been substantial compliance with this chapter. Unless there is reason to believe a violation of this chapter has occurred, examinations must be limited to one each year. Records and information obtained by the department during an examination are confidential and the department must certify that it is in compliance with the Right to Financial Privacy Act (RFPA)./

Amend further by striking Section 40-58-70(2), SECTION 1, and inserting:

/(2)     intentionally misrepresent or conceal a material factor, term, or condition of a transaction to which he is a party, pertinent to an applicant for a mortgage loan or a mortgagor;/

Amend further by striking Section 40-58-70(5), SECTION 1, and inserting:

/(5)     fail to escrow a fee which is paid by the borrower before procuring a loan in an interest-bearing account of a supervised financial organization in this State collect any third party fees before a conditional loan commitment is obtained by the mortgage broker with the exception of normal processing expenses associated with the making of mortgage loans as authorized or allowed by FNMA, FHLMC, FHA, VA, or any additional fees authorized or allowed by the department;/

Amend further by striking Section 40-58-75(A), SECTION 1, and inserting:

/Section 40-58-75.     (A)     Within three business days of the receipt of an application for a loan, the broker must disclose in a statement the total estimated charges to the borrower for the loan and an itemization of the charges provided if required under RESPA. The disclosure is considered delivered when deposited with United States Postal Service for first class delivery./

Amend further by striking Section 40-58-80(D), SECTION 1, and inserting:

/(D)     A person who violates a provision of this chapter is guilty of a misdemeanor, and upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both.

(E)     Nothing in this chapter limits a statutory or common law right of a person to bring an action in a court for an act or the right of the State to punish a person for a violation of a law./

Renumber sections to conform.

Amend title to conform.

Rep. WHIPPER explained the amendment.

The amendment was then adopted.

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

H. 3835--DEBATE ADJOURNED

The following Bill was taken up.

H. 3835 -- Rep. Fair: A BILL TO AMEND SECTION 44-79-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL FITNESS SERVICE CREDIT CONTRACTS, SO AS TO INCREASE THE DURATION OF CONTRACTS FROM ONE TO THREE MONTHS AND THE AMOUNT FROM FIFTY DOLLARS TO FIFTY DOLLARS A MONTH FOR THOSE CONTRACTS THAT MUST CONFORM TO STATUTORY REQUIREMENTS; AND TO AMEND SECTION 44-79-80, AS AMENDED, RELATING TO CERTIFICATES OF AUTHORITY, SO AS TO REQUIRE THE POST OF THESE CERTIFICATES WITHIN VIEW OF THE FRONT ENTRANCE AND TO REQUIRE POSTING OF THE NUMBER OF COMPLAINTS FILED AGAINST THE CENTER.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11323AC.93).

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

/SECTION     1.     Section 44-79-30 of the 1976 Code, as last amended by Act 380 of 1992, is further amended to read:

"Section 44-79-30.         (A)     Every prepaid or credit contract for physical fitness services of over one month's three months' duration or over fifty one hundred dollars in amount must conform to the following requirements:

(1) the contract must be in writing, and a copy must be given to the customer at the time he signs it;

(2) the contract shall state clearly the street address or location of the center and outlets which the member may use at the time the contract is executed and the major facilities or major services which each offers;

(3) the contract shall reveal the finance charge, if any, which the member agrees to pay;

(4) if the customer executes a promissory note in connection with the contract, the contract shall clearly indicate whether the promissory note is assignable paper and whether it may be discounted and sold to third parties. Assignment of the promissory note does not affect the right of the member to cancel the contract or the method by which the cancellation may be made;

(5) the contract must contain a right to cancel provision in the following language:

"CUSTOMER'S RIGHT TO CANCEL

(a) You may cancel this contract by sending notice of your wish to cancel to the center before midnight of the third business day after you sign the contract. 'Business day' means Monday through Friday excluding state holidays and federal holidays. This notice must be sent certified mail to the following:

Within thirty days of receipt of this notice, the center shall return any payments made and any note or other evidence of indebtedness. If you use the seller's facilities or services, the center may charge you deduct a reasonable fee from the payments being returned based on days of the actual fee paid divided on a pro rata share by the number of days used by the customer use.

(b) In addition, you or your estate may also cancel the contract at any time by written notice to the center at the above address if the following circumstances occur:

(1) the customer's death;

(2) substantial physical disability, certified by a physician, which makes it permanently impossible for the customer to use the center's services;

(3) the customer's permanent relocation to a residence over fifty miles distant from an outlet operated by the center, if the center is unable to arrange for the customer's use of another center with equivalent major facilities and services. The center may require presentation of information to substantiate that one of these circumstances has occurred. If the contract is cancelled because of disability, death, or permanent change of residence, the center shall return any note or other evidence of indebtedness and unearned prepayments as follows: For each month that the contract was in effect, the center is entitled to the rate a month or a treatment which it would have charged if the contract had initially been one for the number of months or the number of treatments for which the contract was actually in effect. The rate is to be determined from a fee schedule in effect on the date of the contract.             (c) The right of cancellation shall affect only the financial obligations under the contract and customer's right to use the center's physical fitness services."

(6)     services such as personal training, personal fitness testing, and daily visitor fees that are not subject to being refunded must be clearly stated in the contract;

(6) (7) Any contractual provision allowing more liberal rights of cancellation than set forth in this chapter may be substituted for the notice required in this chapter.

(B)     A contract is not required for personal training, private consultations, and fitness testing rendered on an hourly basis unless they are part of a package of over three hundred dollars."

SECTION     2.     Section 44-79-80(1) of the 1976 Code, is amended to read:

"(1)     Every center which enters into prepaid or credit contracts for physical fitness services of over one month's three months' duration or over fifty one hundred dollars in amount shall maintain with the administrator a surety bond in a sum to be determined by the administrator based on the estimated future costs to service contracts sold, but not to exceed twenty-five fifty thousand dollars."

SECTION     3.     This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. WHIPPER explained the amendment and moved to adjourn debate upon the Bill until Thursday, May 13, which was adopted.

SPEAKER PRO TEMPORE IN CHAIR
H. 3634--TABLED

The following Bill was taken up.

H. 3634 -- Reps. D. Smith and Tucker: A BILL TO AMEND SECTION 7-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO PROVIDE THE PRIMARY MUST BE HELD ON THE SEVENTH INSTEAD OF THE ELEVENTH TUESDAY AFTER THE VACANCY OCCURS; PROVIDE THE RUNOFF PRIMARY BE HELD ON THE NINTH INSTEAD OF THE THIRTEENTH TUESDAY AFTER THE VACANCY OCCURS; PROVIDE THAT THE FILING PERIOD OPENS ONE WEEK AFTER THE VACANCY OCCURS INSTEAD OF ON THE THIRD FRIDAY AFTER THE VACANCY OCCURS, AND TO CHANGE THE TIME FOR CONDUCTING THE SPECIAL ELECTION FROM THE EIGHTEENTH TUESDAY AFTER THE VACANCY OCCURS TO THE FOURTEENTH TUESDAY AFTER THE VACANCY OCCURS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\22068DW.93).

Amend the bill, as and if amended, page 2, line 1, by striking /seventh/ and inserting /ninth/; line 3, by striking /ninth/ and inserting /eleventh/; line 5, by striking /fourteenth/ and inserting /sixteenth/.

When amended the second paragraph of Section 7-13-190(B) shall read:

/A primary must be held on the eleventh ninth Tuesday after the vacancy occurs. A runoff primary must be held on the thirteenth eleventh Tuesday after the vacancy occurs. The special election must be on the eighteenth sixteenth Tuesday after the vacancy occurs. If the filing period closes on a state holiday, then filing must be held open through the succeeding weekday. If the date for an election falls on a state holiday, it must be set for the next succeeding Tuesday. For purposes of this section, state holiday does not mean the general election day./

Amend title to conform.

Rep. HODGES explained the amendment.

Rep. SHEHEEN spoke against the Bill.

Rep. HODGES spoke in favor of the amendment.

Rep. D. SMITH spoke upon the amendment.

Rep. SHEHEEN moved to table the Bill, which was agreed to by a division vote of 40 to 37.

H. 3887--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3887 -- Rep. Harrelson: A BILL TO AMEND SECTION 7-11-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSTITUTION OF CANDIDATES WHERE A NOMINEE IS SELECTED BY PRIMARY ELECTION, SO AS TO CHANGE THE PROCEDURE FOR NOMINATING CANDIDATES WHEN IT IS IMPOSSIBLE TO NOMINATE A CANDIDATE BY SPECIAL ELECTION AND CERTIFIED TWO WEEKS OR MORE BEFORE THE GENERAL ELECTION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\WWW\30117DW.93), which was adopted.

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

/SECTION 1.     The second paragraph of Section 7-11-55 of the 1976 Code, as added by Act 81 of 1991, is amended to read:

"If the nomination is certified less than two weeks before the date of the general election, that office must not be filled at the general election but must be filled in a special election to be held on the second Tuesday in the month following the election, provided that the date of the special election to be conducted after the general election may be combined with other necessary elections scheduled to occur within a twenty-eight day period in the manner authorized by Section 7-13-190(D). If it is impossible to have a nominee nominated by special election and certified two weeks or more before the date of the general election, then a special election may not be held. Under these circumstances, the party may nominate a replacement candidate as follows:

(1)     In the case of a district contained entirely within a county, the county party executive committee may nominate a replacement candidate upon the call of the county party chairman.

(2)     In the case of a multi-county district, the party executive committee members representing the precincts wholly or partly contained within the district may nominate a replacement candidate upon the call of the state party chairman.

Under no conditions may the regular general election be delayed if there is at least one viable nominee."

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

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

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

S. 579--DEBATE ADJOURNED

The following Bill was taken up.

S. 579 -- Senator Williams: A BILL TO AMEND SECTION 7-5-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORM OF THE WRITTEN APPLICATION FOR VOTER REGISTRATION, SO AS TO PROVIDE FOR THE CONTENTS OF THE FORM.

POINT OF ORDER

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

The SPEAKER Pro Tempore overruled the Point of Order.

Rep. RUDNICK moved to adjourn debate upon the Bill until Thursday, May 13, which was adopted.

S. 580--DEBATE ADJOURNED

Rep. HODGES moved to adjourn debate upon the following Bill until Thursday, May 13, which was adopted.

S. 580 -- Senator Williams: A BILL TO AMEND SECTION 7-17-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTION PROTESTS AND CONTESTS, SO AS TO PROVIDE THAT A PROTEST OR CONTEST MUST BE FILED IN WRITING WITH THE CHAIRMAN OF THE COUNTY BOARD OF CANVASSERS BY NOON WEDNESDAY FOLLOWING THE DATE OF THE DECLARATION BY THE BOARD OF THE RESULTS OF THE ELECTION; TO AMEND SECTION 7-17-50, RELATING TO HEARINGS ON PROTESTS OR CONTESTS, SO AS TO PROVIDE THAT THE BOARD SHALL HEAR A PROTEST OR CONTEST ON MONDAY NEXT FOLLOWING THE DEADLINE FOR FILING THE PROTEST OR CONTEST; TO AMEND SECTION 7-17-70, RELATING TO THE HEARING OF APPEALS, SO AS TO PROVIDE THAT THE BOARD OF STATE CANVASSERS SHALL MEET TO HEAR APPEALS NO LATER THAN NOON MONDAY NEXT FOLLOWING THE FILING OF ANY NOTICE; TO AMEND SECTION 7-17-260, RELATING TO PROTESTED OR CONTESTED CASES DECIDED BY THE BOARD OF STATE CANVASSERS, SO AS TO PROVIDE THAT THE STATE BOARD SHALL DECIDE ALL CASES UNDER PROTEST OR CONTEST THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE SENATE AND THE STATE HOUSE OF REPRESENTATIVES; AND TO AMEND 7-17-270, RELATING TO THE HEARING OF PROTESTS OR CONTESTS, SO AS TO PROVIDE THAT THE BOARD SHALL HEAR A PROTEST OR CONTEST NOT LATER THAN THE TWENTY-FIFTH DAY FOLLOWING RECEIPT OF THE PROTEST.

ORDERED TO THIRD READING

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

H. 3857 -- Reps. Harvin, Felder, Keegan, Stuart, G. Brown, Meacham, Wells, Govan, Neilson, Simrill, Elliott, Askins, Hines, Rhoad, Carnell, Moody-Lawrence, Stone, Kirsh, Mattos, Gamble, T.C. Alexander, Anderson, Stille, Wilkes, Hutson, Chamblee, Harrelson, H. Brown, Klauber, Kelley, Phillips, Wofford, Law, Witherspoon, Gonzales, Lanford, Williams, Townsend, Koon, D. Wilder, McTeer and McAbee: A BILL TO PROVIDE A PROCEDURE WHEREBY ANY MUNICIPAL FIRE DEPARTMENT, FIRE DISTRICT, FIRE PROTECTION AGENCY, OR OTHER EMERGENCY SERVICE ENTITY MAY PROVIDE MUTUAL AID ASSISTANCE, UPON REQUEST, FROM ANY OTHER MUNICIPAL FIRE DEPARTMENT, FIRE DISTRICT, FIRE PROTECTION AGENCY, OR OTHER EMERGENCY SERVICE DELIVERY SYSTEM IN SOUTH CAROLINA AT THE TIME OF A SIGNIFICANT INCIDENT SUCH AS FIRE, EARTHQUAKE, OR HURRICANE.

H. 3620--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3620 -- Rep. Waldrop: A BILL TO AMEND SECTION 17-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF CORONERS OR SOLICITORS TO ORDER AUTOPSIES UPON DEATH OF INCARCERATED PERSONS, SO AS TO REVISE THE CONDITIONS UNDER WHICH THESE AUTOPSIES MUST BE ORDERED.

Reps. LANFORD and KLAUBER proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\22090SD.93), which was adopted.

Amend the bill, as and if amended, by striking Section 17-7-10 of the 1976 Code as contained in Section 1 and inserting:

/"Section 17-7-10. The coroner of the county in which a body is found dead or the solicitor of the judicial circuit in which such the county lies shall order an autopsy or post mortem examination to be conducted to ascertain the cause of death. If any person dies while incarcerated in any municipal or county overnight-lockup, or jail, county prison, or state correctional facility, the coroner of the county in which such institution is located shall order an autopsy immediately upon notification by that institution detained, incarcerated, or under the jurisdiction of a municipal, county, or regional holdover facility, holding cell, overnight lockup or jail, a county or regional prison camp, or a state correctional facility, the coroner of the county in which the death occurs or, should that be unknown, the county in which the institution is located shall order an autopsy immediately upon notification of the death. However, if the official in charge of the institution is unable to arrange an autopsy within the State of South Carolina, he shall provide the coroner with an affidavit attesting to this inability.

In this event, the coroner shall consult with the physician who pronounced death, and, if not the same, with any other physician who is known to have treated the person within twelve months prior to his death. If the deceased person had a previously diagnosed debilitating or terminal illness or condition which is considered to be the reason for death, written confirmation must be obtained from at least two physicians who attended him prior to his death, and at least one of these physicians may not have been employed by or under contract with the institution or agency which was responsible for custody of the deceased person.

The coroner may then determine that an autopsy is not required, and shall so certify in writing. Nevertheless, if the coroner decides that an autopsy is appropriate, he may order that one be arranged outside the State of South Carolina. Documentation of the death, the circumstances surrounding it, and all subsequent actions and decisions regarding the autopsy must be filed with the Jail and Prison Inspection Division of the Department of Corrections according to Section 24-9-35."/

Amend title to conform.

Rep. LANFORD explained the amendment.

The amendment was then adopted.

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

S. 255--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 255 -- Senators Giese, Reese and Matthews: A BILL TO AMEND TITLE 44, CHAPTER 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEAD AND SPINAL CORD INJURIES, SO AS TO ADD ARTICLE 3 TO CREATE THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY SERVICE DELIVERY SYSTEM TO DEVELOP, COORDINATE, AND ENHANCE DELIVERY OF SERVICES; TO DESIGNATE AGENCY RESPONSIBILITIES IN THE SYSTEM; TO ESTABLISH AN ADVISORY COUNCIL; TO PROVIDE ELIGIBILITY CRITERIA FOR RECEIVING CASE MANAGEMENT SERVICES; TO PROVIDE THAT THIS ARTICLE DOES NOT CREATE AN ENTITLEMENT PROGRAM; AND TO DESIGNATE SECTIONS 44-38-10 THROUGH 44-38-90 AS ARTICLE 1 OF CHAPTER 38, TITLE 44, AND TO RENAME CHAPTER 38 OF TITLE 44.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11306AC.93), which was adopted.

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

/SECTION     1.     Title 44, Chapter 38 of the 1976 Code, as added by Act 457 of 1992, is amended by adding:

" Article 3
Head and Spinal Cord Injury
Service Delivery System

Section 44-38-310.     There is established the South Carolina Head and Spinal Cord Injury Service Delivery System to develop, coordinate, and enhance the delivery of services to persons with head and spinal cord injuries. Services provided pursuant to this article supplement and do not supplant existing services or the development of new services.

Section 44-38-320.         As used in this article:

(1) 'System' means the South Carolina Head and Spinal Cord Injury Service Delivery System as established in this article;

(2) 'State Plan' means the plan developed by the State Department of Mental Retardation pursuant to this article for a comprehensive system of services for persons with head and spinal cord injuries.

Section 44-38-330.         The primary functions of the system are planning, intake and referral, case management, and education and prevention. The State Department of Mental Retardation is designated as the General Services Coordinator for the system and shall perform the planning and education and prevention functions of the system. The University Affiliated Program of the University of South Carolina shall perform the intake and referral functions; and the State Department of Mental Retardation and the State Agency of the Department of Vocational Rehabilitation shall perform the case management functions.

Section 44-38-340.     As General Services Coordinator, the State Department of Mental Retardation shall:

(1)     develop a state plan for a comprehensive system of services for persons with head and spinal cord injuries, including short-term and long-term goals and objectives for implementing the plan;

(2)     receive surveillance data from the South Carolina Head and Spinal Cord Injury Information System to use in developing and revising the state plan to meet the changing needs of this population;

(3)     identify gaps in services for head and spinal cord injured persons and spearhead development of those services needed for the comprehensive system of service delivery;

(4)     develop licensing, program, and contract guidelines to be used by case managers in working with service delivery agencies;

(5)     in conjunction with other state agencies, prepare, coordinate, and advocate for state appropriations needed to fund and to develop services needed to implement the state plan;

(6)     seek funding from other sources, private and federal, including, but not limited to, medicaid waivers and expansion of the medicaid program, to provide services outlined in the state plan;

(7)     evaluate the state plan including, but not limited to, how well head and spinal cord injured persons are identified, referred, and served by the system and its impact on their quality of life, including reintegration and productivity in the community;

(8)     promote public awareness through programs relating to head and spinal cord injury prevention, treatment, and rehabilitation;

(9)     promote research on the causes, effects, prevention, treatment, and rehabilitation of head and spinal cord injuries.

Section 44-38-350.     The University Affiliated Program, in performing the intake and referral functions of the service delivery system, shall:

(1)     serve as the central and initial point for receiving referrals for case management services from the South Carolina Head and Spinal Cord Injury Information System and all other sources;

(2)     determine a person's eligibility for case management services based on criteria provided in Section 44-38-370, conduct a preliminary assessment of services needed, and refer the person to the appropriate case management agency pursuant to criteria developed by the University Affiliated Program;

(3)     develop policies and procedures to be used by the case managers to assure, among other things, that a person with a head or spinal cord injury receives equal access to available services and that case management services maximize the person's self-determination and self-advocacy;

(4)     develop training programs for case managers and other professionals to prepare and assist them in working with persons with head and spinal cord injuries;

(5)     provide technical assistance and consultation to the General Services Coordinator and other agencies providing services under this article;

(6)     upon request provide consultation and technical assistance to an agency and its clients who have been referred or who are receiving services under this article if a complaint arises or if a problem develops which interferes with the client receiving services.

Section 44-38-360.     The State Agency of Vocational Rehabilitation and the State Department of Mental Retardation, in carrying out the case management function of the system shall:

(1)     receive referrals from the University Affiliated Program and develop, in conjunction with service providers, where appropriate, an individualized treatment plan designed to meet the specific needs of that person;

(2)     coordinate the delivery of services and assure that services are appropriate and delivered in a timely manner;

(3)     seek funds for special services from federal, state, or private sources, as appropriate, for services needed to carry out the individualized treatment plan;

(4) advocate for persons with head and spinal cord injuries to assist them in receiving equal access to services and services which promote independence and productivity.

Section 44-38-370.     A person is eligible for case management services under this article when at the time of determining eligibility the person has a severe chronic limitation that:

(1)     is attributed to a physical impairment, including head injury, spinal cord injury, or both, or a similar disability, regardless of the age of onset but not associated with the process of a progressive degenerative illness or disease, dementia, or a neurological disorder related to aging;

(2)     is likely to continue indefinitely without intervention;

(3)     results in substantial functional limitations in at least two of these life activities:

(a)     self-care;

(b)     receptive and expressive communication;

(c)     learning;

(d)     mobility;

(e)     self-direction;

(f)     capacity for independent living;

(g)     economic self-sufficiency; and

(4)     reflects the person's need for a combination and sequence of special interdisciplinary or generic care or treatment or other services which are of lifelong or extended duration and are individually planned and coordinated.

Section 44-38-380.     (A)     There is created an Advisory Council to the South Carolina Head and Spinal Cord Service Delivery System composed of:

(1) the following members or a designee, who shall serve ex officio:

(a)     Chairperson for the Joint Legislative Committee for the Disabled;

(b)     Commissioner of the State Department of Mental Retardation;

(c)     Commissioner of the State Agency for Vocational Rehabilitation;

(d)     Director of the University Affiliated Program of the University of South Carolina;

(e)     Director of the South Carolina Developmental Disabilities Council;

(f)     Director of Special Education of the State Department of Education;

(g)     Director of the Interagency Office of Disability Prevention;

(h)     Executive Director of the Continuum of Care for Emotionally Disturbed Children;

(i)     Executive Director of the South Carolina Health and Human Services Finance Commission;

(j)     Commissioner of the State Department of Mental Health;

(k)     Commissioner of the South Carolina Department of Health and Environmental Control;

(l)     Commissioner of the South Carolina Commission for the Blind;

(2)     the following members or a designee:

(a) President of the South Carolina Head Injury Association;

(b)     President of the South Carolina Association of Independent Head Injury Groups;

(c)     President of the South Carolina Spinal Cord Injury Association;

(d)     Director of the South Carolina Disabilities Research Commission;

(3) the following members to be appointed by the Governor for four-year terms and until their successors are appointed and qualified:

(a)     three health care providers knowledgeable in head injuries and spinal cord injuries;

(b)     three consumers of case management services or family members or legal guardians of consumers of case management services.

(B)     The Governor, with recommendation from the Chairperson of the Joint Legislative Committee for the Disabled, shall appoint a primary or secondary consumer of services of the system as chairperson of the council for a two-year term; no person may serve more than one term as chairperson.

(C)     Members of the Advisory Council shall serve at no expense to the State.

(D)     The Advisory Council shall work with the State Department of Mental Retardation, the State Agency of Vocational Rehabilitation, and the University Affiliated Program of the University of South Carolina in carrying out their responsibilities under this article. In working with these agencies the council shall, but is not limited to:

(1)     providing oversight for the implementation of the state plan and operation of the system;

(2)     reviewing budget matters related to the system and the responsibilities of the agencies within the system;

(3)     monitoring effectiveness of the state plan.

Section 44-38-390.     Nothing contained in this article may be construed to establish or authorize creation of an entitlement program or benefit."

SECTION     2.     Of those members first appointed to the Advisory Council to the State Head and Spinal Cord Service Delivery System pursuant to Section 44-38-380(A)(3)(a) and (b), two of the health care providers and two of the consumers or family members of consumers shall serve four-year terms and one health care provider and one consumer or family member of a consumer shall serve two-year terms.

SECTION     3.     Implementation of the South Carolina Head and Spinal Cord Injury Service Delivery System as created in Section 1 of this act and requirements under this act are contingent upon annual appropriations of sufficient funding.

SECTION     4.     Sections 44-38-10 through 44-38-90 of the 1976 Code are designated as Article 1 of Chapter 38, Title 44, and entitled "Head and Spinal Cord Injury Information System" and all references to "chapter" within these code sections must be changed to "article". The title of Chapter 38, Title 44, is changed to "Head and Spinal Cord Injuries".

SECTION 5.     This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. WOFFORD explained the amendment.

The amendment was then adopted.

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

H. 3689--DEBATE ADJOURNED

Rep. M.O. ALEXANDER moved to adjourn debate upon the following Bill until Thursday, May 13, which was adopted.

H. 3689 -- Reps. Wilkes, Wright, Sharpe, Harrison, Vaughn, Wells, R. Smith, Witherspoon, Littlejohn, Walker, Davenport, Fulmer, Riser, Jaskwhich, Clyborne and Stone: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS BY ADDING CHAPTER 68 SO AS TO REGULATE BUSINESSES THAT OFFER STAFF LEASING SERVICES; AND TO PROVIDE FOR LICENSING AND DISCIPLINARY ACTION.

H. 4110--DEBATE ADJOURNED

The following Bill was taken up.

H. 4110 -- Reps. Fulmer and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-625 SO AS TO PROVIDE THAT IF ACCESS TO A PARTICULAR PROPERTY OR PROPERTIES IS CONTROLLED BY A TRAFFIC SIGNAL, THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MAY REQUIRE THAT IMPROVEMENTS BE MADE TO THE PROPERTY WHICH ARE NECESSARY TO IMPROVE TRAFFIC FLOW AT THE INTERSECTION CONTROLLED BY THE TRAFFIC SIGNAL.

Rep. HARRELL proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4661AL.93).

Amend the bill, as and if amended, Section 57-3-625, page 1, by inserting after /property/ on line 29 /within five hundred feet of the department's right-of-way/.

Amend title to conform.

Rep. HARRELL explained the amendment.

Rep. WALKER moved to adjourn debate upon the Bill until Thursday, May 13, which was adopted.

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

SPEAKER IN CHAIR

Rep. CARNELL moved that the House do now adjourn.

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

Yeas 28; Nays 69

Those who voted in the affirmative are:

Alexander, T.C.        Anderson               Askins
Barber                 Baxley                 Beatty
Boan                   Carnell                Davenport
Felder                 Jaskwhich              Jennings
McAbee                 McCraw                 McLeod
McMahand               Neal                   Rogers
Sheheen                Spearman               Stoddard
Tucker                 Waites                 Waldrop
Whipper                Wilder, D.             Wilkes
Young, R.

Total--28

Those who voted in the negative are:

Alexander, M.O.        Allison                Bailey, G.
Bailey, J.             Breeland               Brown, H.
Cato                   Chamblee               Clyborne
Cooper                 Corning                Delleney
Fair                   Fulmer                 Gamble
Gonzales               Govan                  Graham
Hallman                Harrell                Harris, J.
Harrison               Haskins                Hines
Hodges                 Houck                  Huff
Hutson                 Inabinett              Keegan
Kelley                 Kennedy                Keyserling
Kirsh                  Klauber                Koon
Lanford                Law                    Littlejohn
Marchbanks             McElveen               McKay
McTeer                 Meacham                Neilson
Richardson             Riser                  Robinson
Rudnick                Sharpe                 Shissias
Simrill                Smith, D.              Smith, R.
Stille                 Stone                  Stuart
Thomas                 Trotter                Vaughn
Walker                 Wells                  White
Wilder, J.             Wilkins                Witherspoon
Wofford                Worley                 Wright

Total--69

So, the House refused to adjourn.

H. 3635--OBJECTION WITHDRAWN

Rep. J. BAILEY withdrew his objection to the following Bill.

H. 3635 -- Rep. Stone: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-647 SO AS TO DESIGNATE THE TIGER SWALLOWTAIL AS THE OFFICIAL STATE BUTTERFLY.

H. 4036--OBJECTION WITHDRAWN

Rep. HALLMAN withdrew his objection to the following Bill.

H. 4036 -- Reps. Wilkins, Clyborne, Jaskwhich, Fair, G. Brown, R. Smith, Quinn, Hines, Sharpe, McAbee, Richardson, Cato, Jennings, Gamble, Wofford, Wells, J. Bailey, Stone, Hallman, G. Bailey, J. Wilder, Marchbanks, Trotter, H. Brown, P. Harris, Keegan, Mattos, Vaughn, Walker and Phillips: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 50 SO AS TO PROVIDE FOR THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES.

H. 3636--OBJECTIONS WITHDRAWN

Reps. GOVAN and NEAL withdrew their objections to the following Bill.

H. 3636 -- Reps. Baxley, Richardson, Keegan, Simrill, Robinson, R. Young, Barber, Byrd, Cato, Cobb-Hunter, Cromer, Davenport, Delleney, Fair, Graham, Harrison, Hines, Holt, Houck, Inabinett, Jaskwhich, Kelley, Keyserling, Littlejohn, Meacham, McElveen, McKay, Moody-Lawrence, Neilson, Riser, Shissias, D. Smith, Stille, Stone, Sturkie, Thomas, Tucker, Vaughn, Waites, Witherspoon, Wright, J. Bailey, Baker, Harwell, Huff, Haskins, Jennings, Quinn, Lanford, Snow, Wofford and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION OF LICENSE RENEWAL OF A RESIDENT OR NONRESIDENT REAL ESTATE BROKER OR SALESMAN AND TO PROVIDE FOR THE ADMINISTRATION OF THE CONTINUING EDUCATION PROGRAM AND TO AUTHORIZE THE REAL ESTATE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROGRAM.

H. 3774--OBJECTIONS WITHDRAWN

Reps. INABINETT, BREELAND, ANDERSON, BYRD, RICHARDSON, McMAHAND, KIRSH and HINES withdrew their objections to H. 3774 however, other objections remained upon the Bill.

MOTION PERIOD
H. 3774--RECOMMITTED TO JUDICIARY COMMITTEE

Rep. HODGES moved to recommit H. 3774 to the Judiciary Committee.

As a first substitute Rep. RICHARDSON moved to recall H. 3461 from the Ways and Means Committee.

As a second substitute Rep. DAVENPORT moved to recall H. 4167 from the Medical, Military, Public and Municipal Affairs Committee, which was rejected.

As a second substitute Rep. TUCKER moved to recommit H. 3774 to the Judiciary Committee, which was agreed to by a division vote of 61 to 13.

Rep. BOAN moved to dispense with the balance of the Motion Period, which was agreed to.

RECURRENCE TO THE MORNING HOUR

Rep. HODGES moved that the House recur to the morning hour.

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

Yeas 45; Nays 63

Those who voted in the affirmative are:

Alexander, T.C.        Bailey, J.             Beatty
Brown, H.              Cato                   Chamblee
Clyborne               Cooper                 Corning
Davenport              Fair                   Felder
Gamble                 Graham                 Harrison
Haskins                Huff                   Hutson
Jaskwhich              Keegan                 Kennedy
Klauber                Koon                   Marchbanks
Meacham                Quinn                  Richardson
Riser                  Robinson               Sharpe
Shissias               Simrill                Smith, D.
Smith, R.              Snow                   Stille
Stone                  Stuart                 Thomas
Townsend               Trotter                Vaughn
Wells                  Wilkins                Wofford

Total--45

Those who voted in the negative are:

Alexander, M.O.        Allison                Askins
Bailey, G.             Barber                 Baxley
Boan                   Breeland               Brown, G.
Brown, J.              Byrd                   Carnell
Cobb-Hunter            Delleney               Fulmer
Gonzales               Govan                  Hallman
Harrell                Harris, J.             Harvin
Hines                  Hodges                 Houck
Inabinett              Jennings               Kelley
Keyserling             Kinon                  Kirsh
Lanford                Law                    Littlejohn
Mattos                 McAbee                 McCraw
McElveen               McLeod                 McMahand
McTeer                 Moody-Lawrence         Neal
Neilson                Phillips               Rhoad
Rogers                 Rudnick                Scott
Sheheen                Spearman               Stoddard
Tucker                 Waites                 Waldrop
Walker                 Whipper                White
Wilder, D.             Wilder, J.             Wilkes
Witherspoon            Worley                 Young, R.

Total--63

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

Rep. QUINN moved that the House do now adjourn.

POINT OF ORDER

Rep. CLYBORNE raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.

The question then recurred to the motion to recur to the morning hour, which was agreed to by a division vote of 55 to 46.

LEAVE OF ABSENCE

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4189 -- Reps. G. Brown, Neal, Canty, McElveen and McLeod: A CONCURRENT RESOLUTION TO CONGRATULATE THE HILLCREST HIGH SCHOOL "WILDCATS" BOYS BASKETBALL TEAM OF SUMTER ON WINNING THE REGION IV-AAAA STATE CHAMPIONSHIP FOR 1993 AND ALLOW THE TEAM AND ITS COACH THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MAY 19, 1993, AT A TIME TO BE DETERMINED BY THE SPEAKER.

The Concurrent Resolution was ordered referred to the Committee on Rules.

HOUSE RESOLUTION

The following was introduced:

H. 4190 -- Reps. Wofford, Clyborne, Law, McElveen, Corning, Hodges, Hutson, H. Brown, Boan, Stone, Shissias, Neal, Cobb-Hunter, Rogers, Waites, Delleney and Barber: A HOUSE RESOLUTION PROVIDING FOR A TASK FORCE TO STUDY ALL ASPECTS OF THE PROBLEM OF WELFARE DEPENDENCY IN SOUTH CAROLINA AND RECOMMEND TO THE HOUSE OF REPRESENTATIVES METHODS OF WELFARE REFORM.

The Resolution was ordered referred to the Committee on Medical, Military, Public and Municipal Affairs.

Rep. WILKES moved that the House do now adjourn.

POINT OF ORDER

Rep. CLYBORNE raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.

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

Yeas 56; Nays 50

Those who voted in the affirmative are:

Alexander, T.C.        Anderson               Barber
Baxley                 Beatty                 Boan
Breeland               Brown, G.              Brown, J.
Byrd                   Carnell                Chamblee
Cobb-Hunter            Corning                Davenport
Delleney               Felder                 Harvin
Harwell                Haskins                Houck
Inabinett              Jaskwhich              Kennedy
Kinon                  Kirsh                  Mattos
McAbee                 McCraw                 McElveen
McKay                  McLeod                 McMahand
Moody-Lawrence         Neal                   Phillips
Rhoad                  Rogers                 Rudnick
Sharpe                 Sheheen                Snow
Spearman               Stille                 Stoddard
Townsend               Tucker                 Waites
Waldrop                Whipper                White
Wilder, D.             Wilder, J.             Wilkes
Worley                 Young, R.

Total--56

Those who voted in the negative are:

Alexander, M.O.        Allison                Bailey, G.
Bailey, J.             Brown, H.              Cato
Clyborne               Cooper                 Fair
Fulmer                 Gamble                 Gonzales
Govan                  Graham                 Hallman
Harrell                Harris, J.             Harrison
Hines                  Hodges                 Huff
Hutson                 Keegan                 Kelley
Keyserling             Klauber                Koon
Lanford                Law                    Littlejohn
Marchbanks             McTeer                 Meacham
Neilson                Quinn                  Richardson
Robinson               Shissias               Simrill
Smith, R.              Stone                  Stuart
Thomas                 Trotter                Vaughn
Walker                 Wells                  Wilkins
Witherspoon            Wofford

Total--50

So, the motion to adjourn was agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4179 -- Reps. Klauber, McAbee and Carnell: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DR. HUNTER W. MAY OF GREENWOOD COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

ADJOURNMENT

At 3:35 P.M. the House in accordance with the motion of Rep. KLAUBER adjourned in memory of Dr. Hunter W. May of Greenwood County, to meet at 10:00 A.M. tomorrow.

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