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

WEDNESDAY, JANUARY 19, 1994

Wednesday, January 19, 1994
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 P.M.

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

Our gracious God, standing before You in this hallowed moment of prayer, may we feel You moving upon our minds which exceeds our fondest thought, yet nearer to us than our very selves. Keep us faithful when others falter; keep us still pursuing when others give up the quest; keep us hopeful when our fairest dreams seem as mocking images of the desert; keep our integrity steadfast when the siren sounds of expediency assail our ears; cause us to labor on with determination for the enthronement of Your way which has no frontiers.

Lord God of hosts, lead us on. 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. HARRELL moved that when the House adjourns, it adjourn in memory of Mrs. Suzanne Berry, which was agreed to.

INVITATIONS

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

November 23, 1993
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

On behalf of the South Carolina Chamber of Commerce, which represents more than 2,300 businesses in the state of South Carolina, we would like to invite the members of the South Carolina House of Representatives to a reception in their honor from 6:00 P.M. until 8:00 P.M., Tuesday, February 1, 1994 at the Capital City Club. This reception will conclude our presentation of "Business Speaks at the State House, a day when the South Carolina Chamber of Commerce members as well as local chamber members throughout the state will assemble in Columbia to be briefed on the '94 issues facing our business community.

In accordance to the Ethics Act, all expenditures will be under the $25 per person requirements. Again, we are looking forward to honoring our General Assembly on February 1, 1994.

If you have any questions, please don't hesitate to contact me at 799-4601.

Sincerely,
S. Hunter Howard, Jr.
Executive Vice President

August 24, 1993
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

This letter is to you as Chair of the House Invitations Committee to invite the South Carolina House of Representatives to a breakfast reception and an evening drop-in hosted by the Probate Judges' Association of South Carolina.

The breakfast will be served in the lower lobby of the State House between the hours of 8:30 A.M. and 10:00 A.M. on Wednesday, February 2, 1994. A reception will be held that evening at the Marriott Hotel between 6:00 P.M. and 7:00 P.M.

Please let me know if there is anything further I need to do with regard to inviting the members of the House of Representatives to these functions.

Thank you for your attention to the foregoing, and we look forward to seeing you February.

Sincerely,
C. Diane Smock
Probate Judge

March 29, 1993
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

This letter is to confirm our recent phone conversation regarding the Governor's Conference on Education. It is my understanding that Wednesday, February 2, 1994 is available on your Calendar and you have reserved it for us. This letter confirms the following:
**Wednesday, February 2, 1994 - Governor's Conference on Education/Legislative Luncheon. The meeting starts at 10:00 A.M. at the Moore Building on the State Fairgrounds and the Legislative Luncheon begins at 12:30 P.M.

We realize this date is for 1994, but in order to secure the building for the conference it is necessary to reserve the space this far in advance. Please let me know if you have any questions regarding this date.

Mimi Pollock
South Carolina School Boards Association
Marketing & Meeting Planning Assistant

November 10, 1993
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

Members of the House of Representatives of the South Carolina General Assembly are cordially invited to the sixth annual Drop-In for Legislators on Thursday morning, February 3, 1994, from 9:00 to 11:00 A.M. in the first floor lobby of the State House.

Co-hosting the event are The Arc of South Carolina, an organization on mental retardation; South Carolina Autism Society; South Carolina Association of Independent Head Injury Groups; South Carolina Head Injury Association; South Carolina Spinal Cord Injury Association; South Carolina Disabilities Research Commission; and South Carolina Human Service Providers, Inc.

We hope each of the Members of the House will take a few minutes to join us for coffee and rolls and to meet representatives of our organizations.

If you need further information, please call me at 787-0286. We look forward to the Representatives dropping in to meet us on February 3, 1994!

Sincerely,
Jackie Robey
Coordinator
Legislative Drop-In Planning Committee

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

Dear Rep. Williams:

On behalf of the South Carolina Pest Control Association, I am requesting approval to invite all Members of the House to our Legislative Wine and Cheese Social. This Social will be held on Tuesday, February 8, 1994 in Columbia, at the Sheraton Hotel and Convention Center on Bush River Road. I have spoken with Colette who has us a place reserved on the Calendar.

The Social will be part of our 35th Annual Pest Control Operator's School held in cooperation with the Clemson University Extension Service. If you have any questions you may reach me at 1-800-782-4433. I look forward to hearing back from you soon.

Sincerely,
Mary Beth Borden
Legislative Social Chairman

December 15, 1993
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

The South Carolina Vocational Association and the South Carolina Vocational Directors Association would like to invite all Legislators to join with us for a light lunch on February 9, 1994. This lunch will be served in the lower lobby of the State House.

We will be on hand to greet the Legislators and talk with them informally about Vocational Education between noon and 2:00 P.M. Knowing how busy the Legislators are, we hope that this schedule will be convenient for them.

We would appreciate it if all Legislators received an invitation for this luncheon. This will be our way of saying "thank you" for all their cooperation and support in the past.

Sincerely,
Corry L. Hudson, Chairman
SCVA Legislative Committee

January 7, 1994
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

This is to confirm that Carolinas AGC has planned its 1994 South Carolina Legislative Reception for Wednesday, February 9th at the Columbia Marriott Hotel from 6:00 to 8:00 P.M. All members of the South Carolina General Assembly are invited. We will comply with spending limitations stipulated in the Ethics Reform Act of 1992.

Formal invitations will be sent to each member of the Legislature after we have received the Invitations Committee's approval for the reception.

Thank you for your kind consideration of our invitation.

Sincerely,
Stephen P. Gennett
Executive Vice-President

March 4, 1993
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

The Municipal Association of South Carolina would like to extend an invitation to members of the South Carolina House of Representatives and staff to attend a reception on Tuesday evening, February 15, 1994 from 6:00 P.M. to 7:30 P.M. at the Columbia Marriott Hotel. This reception is part of the Association's 20th Annual Winter Meeting & Legislative Conference.

Best wishes,

Sincerely,
Stephen M. Creech
Mayor, Sumter
President

November 29, 1993
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

The South Carolina Department of Archives and History would like to invite all members of the South Carolina House of Representatives and their staff members for coffee and pastries on Wednesday, February 16, 1994, in Room 208 of the Blatt Building from 8:30 to 10:30 A.M.

We look forward to working with you on this event, and if you have any questions, please call me at 734-8595 or 734-8577.

Best wishes to you and your staff for a happy holiday season.

Sincerely,
Ben F. Hornsby, Jr.
Public Programs

January 13, 1994
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

This is to confirm that the South Carolina Association of Counties has issued an invitation to the members of the South Carolina House of Representatives and attaches to attend a Legislative Reception on Wednesday, February 16, 1994, from 6:00 to 7:30 P.M. at the Embassy Suites Hotel in Columbia. This reception is in conjunction with our Seventh Annual Mid-Year Conference for County Officials.

We look forward to having the members of the House with us on that evening. With best wishes, I am

Very truly yours,
William L. McBride
President

December 7, 1993
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

The South Carolina Association of Christian Schools would like to invite the members of the House to attend our annual Legislators' Breakfast. The breakfast will be on Thursday, February 17, 1994, from 7:45 - 8:45 A.M. in the Wilson and Jackson Rooms of the Holiday Inn - Coliseum on Assembly Street. We have appreciated the excellent participation we have received in the past and we look forward to hosting this event again this year.

We would like to ask that this invitation be made part of the official Calendar. If approved, individual invitations will also be sent out later from this office.

Thank you for your consideration.

Sincerely,
Reece Yandle
Executive Director

October 19, 1993
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

The South Carolina Farm Bureau Federation cordially extends an invitation to the members of the House, Research Directors, Administrative Assistants, Secretaries, Spouses and/or escorts, to attend our annual Legislative Banquet on Tuesday, February 22, 1994, at 6:00 P.M. at the Ellison Building, State Fairgrounds in Columbia.

Traditionally, we begin on time and present a very short program... that is our plan this year. We will not hold you to a late hour.

Sincerely,
Benjie Rhoad
Assistant to the President

August 9, 1993
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

Confirming Colette Murray's telephone conversation with Jan Gerhart of this office, the House of Representatives has reserved Wednesday, February 23, 1994, on the House Calendar for The Electric Cooperatives of South Carolina's Legislative Appreciation Reception. All members and staff of the House are invited to attend.

The reception is tentatively scheduled to be held at the Marriott Hotel in Columbia from 6:00-8:00 P.M.

We appreciate Colette's assistance in scheduling this event.

Sincerely,
Fred A. Cole
President and Chief Executive Officer

REGULATIONS RECEIVED

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

Document No. 1700
Promulgated By Public Service Commission
Liability Insurance for Motor Carriers
Received By Speaker January 19, 1994
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date May 19, 1994

Document No. 1699
Promulgated By Board of Registration for Professional Engineers and Land Surveyors
Registration of TAC/ABET Four-year Engineering Technology Graduates thus Establishing a Two-tier Category Registration Designation
Received By Speaker January 18, 1994
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date May 18, 1994

Document No. 1694
Promulgated By Clemson University, Livestock-Poultry Health Division
Quarantine of Garbage Fed Swine
Received By Speaker January 18, 1994
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 18, 1994

Document No. 1691
Promulgated By Department of Health and Environmental Control
License to Construct or Clean On-Site Sewage Treatment and Disposal Systems and Self-Contained Toilets
Received By Speaker January 18, 1994
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 18, 1994

REGULATION WITHDRAWN AND RESUBMITTED

The following was received.

Document No. 1631
Promulgated By Department of Consumer Affairs
Pawnbroker Certificate of Authority
Received By Speaker May 18, 1993
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date April 24, 1994
Sine Die Revised Expiration Date: April 2, 1994
Withdrawn and Resubmitted January 18, 1994

REPORTS OF STANDING COMMITTEES

Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

H. 3304 -- Rep. Cato: A BILL TO AMEND SECTION 50-21-850, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR PERSONS WATER SKIING OR RIDING ON A SURFBOARD OR SIMILAR OBJECT, SO AS TO MORE CLEARLY DEFINE PERSONAL FLOTATION DEVICE REQUIREMENTS.

Ordered for consideration tomorrow.

Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 3325 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM LICENSING REQUIREMENTS FOR CAST NETS USED FOR NONCOMMERCIAL PURPOSES AND HAND TONGS USED FOR HARVESTING OYSTERS, SO AS TO REVISE THE FISHING DEVICES WHICH ARE EXEMPTED.

Ordered for consideration tomorrow.

Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 3327 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALTWATER-FRESHWATER DIVIDING LINES ON RIVERS, SO AS TO REVISE THE LINE ON THE COOPER RIVER AND ALLOW CRAB POT FISHING.

Ordered for consideration tomorrow.

Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 3357 -- Rep. Snow: A BILL TO AMEND SECTION 50-11-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE TRAPPING OR SNARING OF QUAIL, SO AS TO PROVIDE FOR THE ISSUANCE OF PERMITS BY THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO TRAP QUAIL.

Ordered for consideration tomorrow.

Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 3548 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEASONS, SIZE LIMITS, AND AREAS FOR TAKING ATLANTIC STURGEON, SO AS TO PROHIBIT THE POSSESSION OR SALE OF PART OF A STURGEON DURING THE CLOSED SEASON WITHOUT PROOF THAT THE PART WAS TAKEN LEGALLY.

Ordered for consideration tomorrow.

Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 3549 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-854 SO AS TO ALLOW THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO SET SEASONS AND BAG LIMITS FOR HUNTING AND TAKING CROWS CONSISTENT WITH FEDERAL REGULATIONS AND PROVIDE LIMITATIONS AND PENALTIES.

Ordered for consideration tomorrow.

Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

H. 3916 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-65 SO AS TO PROVIDE FOR THE TRAINING OF BIRD DOGS.

Ordered for consideration tomorrow.

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

H. 3980 -- Reps. Meacham and Barber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-25-110 SO AS TO PROVIDE THE PROCEDURES FOR A CITY OR COUNTY IN SOUTH CAROLINA TO JOIN A REGIONAL TRANSPORTATION AUTHORITY CREATED BY A CONTIGUOUS STATE WITH THE ABILITY TO PLAN, OPERATE, AND PROVIDE TRANSPORTATION SERVICES IN SOUTH CAROLINA AND TO EXEMPT SUCH AUTHORITIES FROM SPECIAL PURPOSE DISTRICT NOTIFICATION TO THE SECRETARY OF STATE; AND TO AMEND SECTION 58-25-20, AS AMENDED, RELATING TO REGIONAL TRANSPORTATION AUTHORITY LAW DEFINITIONS, SO AS TO ADD THE DEFINITION OF "JOINT TRANSPORTATION AGENCY".

Ordered for consideration tomorrow.

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

H. 3999 -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-13-70 SO AS TO PROVIDE FOR CERTAIN DEDUCTIONS FROM AN INMATE'S ACCOUNT FOR DESTRUCTION OF PROPERTY, MEDICAL TREATMENT, AND OTHER CAUSES, AND TO PROVIDE CERTAIN EXCEPTIONS FOR MEDICAL COSTS.

Ordered for consideration tomorrow.

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

H. 4079 -- Reps. Breeland, J. Brown, Govan, Hines, Whipper, Inabinett, White, Holt, Neal, Byrd, Keyserling, Cobb-Hunter and McMahand: A JOINT RESOLUTION TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF YOUTH SERVICES AND THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS TO PROVIDE ACCOMMODATIONS AND JOB TRAINING APPLICABLE TO CURRENT AND FUTURE JOB MARKETS TO NONVIOLENT OFFENDERS BETWEEN THE AGES OF FIFTEEN AND TWENTY-ONE; TO REQUIRE THESE AGENCIES TO EVALUATE FACILITIES VACATED BY BASE CLOSING FOR USE AS RESIDENTIAL FACILITIES; TO ENCOURAGE THE USE OF SHOCK INCARCERATION METHODS WITH THESE OFFENDERS; AND TO DIVERT FUNDS AND STAFFING FROM TRADITIONAL COMMITMENT AND INCARCERATION TO THIS PROGRAM.

Ordered for consideration tomorrow.

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

H. 4124 -- Rep. Gonzales: A BILL TO AMEND SECTION 5-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDINANCES FOR UPKEEP OF PROPERTY IN A MUNICIPALITY, SO AS TO PROVIDE THAT THE COST TO THE MUNICIPALITY FOR CORRECTING PROPERTY CONDITIONS IS A LIEN WITH THE SAME PRIORITY AS MUNICIPAL TAXES.

Ordered for consideration tomorrow.

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

H. 4140 -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 24-13-100, 24-13-150, AND 24-13-175 SO AS TO PROVIDE FOR ELIGIBILITY FOR WORK RELEASE, EARLY RELEASE, AND COMPENSATION OF TIME; TO AMEND SECTIONS 16-3-20, AS AMENDED, 16-3-625, 16-3-1260, 16-11-311, 16-11-330, AND 16-11-340, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO PROVIDE FOR TRUTH IN SENTENCING, DELETE ELIGIBILITY FOR PAROLE, AND PROVIDE A NAME CHANGE FOR THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES; AND TO REPEAL SECTIONS 24-3-40, 24-3-50, 24-13-60, 24-13-210, 24-13-220, AND 24-13-270, AND ARTICLE 7, CHAPTER 21, TITLE 24, RELATING TO WAGES OF PRISONERS, WORK RELEASE OF PRISONERS, AND COMPUTATION OF TIME FOR RELEASE OF PRISONERS.

Ordered for consideration tomorrow.

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

H. 4350 -- Reps. Wilkins, M.O. Alexander, T.C. Alexander, Allison, Askins, J. Bailey, Baxley, Beatty, H. Brown, Carnell, Cato, Chamblee, Clyborne, Cooper, Cromer, Delleney, Elliott, Farr, Felder, Fulmer, Gamble, Gonzales, Graham, Hallman, Harrell, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Hutson, Jennings, Keegan, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McKay, McTeer, Meacham, Neilson, Phillips, Quinn, Richardson, Riser, Robinson, Scott, Shissias, Simrill, R. Smith, D. Smith, Snow, Spearman, Stille, Stone, Stuart, Thomas, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Whipper, D. Wilder, Wilkes, Witherspoon, Wright, A. Young, R. Young, Huff, Corning, Fair, Kelley, Davenport, Jaskwhich, Inabinett, Sharpe, J. Wilder and Breeland: A BILL TO AMEND SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFICKING IN COCAINE, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT WITHOUT PAROLE, WORK RELEASE, OR SUPERVISED FURLOUGH; TO AMEND SECTION 44-53-375, AS AMENDED, RELATING TO POSSESSION, SALE, MANUFACTURE, AND DISTRIBUTION OF ICE, CRANK, OR CRACK COCAINE, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT WITHOUT PAROLE, WORK RELEASE, OR SUPERVISED FURLOUGH AND TO DEFINE PRIOR CONVICTIONS FOR PURPOSES OF SENTENCING; AND TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO THE LIST OF VIOLENT CRIMES, SO AS TO ADD TRAFFICKING IN CRACK COCAINE.

Ordered for consideration tomorrow.

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

H. 4391 -- Reps. Lanford, Harvin, Littlejohn, D. Wilder, Fulmer, Cromer, Allison, Inabinett, Wilkes, Waldrop, J. Brown and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-225 SO AS TO REQUIRE THE STATE TO FURNISH A BULLETPROOF VEST TO EACH LAW ENFORCEMENT OFFICER UPON SUCCESSFUL COMPLETION OF THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING SCHOOL PROGRAM.

Ordered for consideration tomorrow.

Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, Reps. J. BROWN, NEAL, BREELAND, MOODY-LAWRENCE and SHISSIAS, for the minority, submitted an unfavorable report, on:

H. 4397 -- Reps. Lanford, Littlejohn, Fulmer, Vaughn, Witherspoon, Allison and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-290 SO AS TO PROHIBIT THE DEPARTMENT OF CORRECTIONS FROM PROVIDING OR PERMITTING EXERCISE EQUIPMENT FOR USE BY PRISONERS.

Ordered for consideration tomorrow.

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

S. 122 -- Senator McConnell: A BILL TO AMEND SECTION 27-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMOVAL OF GRAVES IN ABANDONED CEMETERIES OR BURYING GROUNDS, SO AS TO REQUIRE THE GOVERNING BODY OF THE COUNTY OR MUNICIPALITY IN WHICH THE CEMETERY OR GROUND IS LOCATED TO DETERMINE THAT REMOVAL BENEFITS THE COMMUNITY AND IS IN THE PUBLIC INTEREST AND TO CONSIDER OBJECTIONS TO REMOVAL BEFORE REMOVAL IS APPROVED.

Ordered for consideration tomorrow.

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

S. 274 -- Senator Rose: A BILL TO AMEND THE CODE LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-615 SO AS TO PROVIDE THAT NO HEARING MAY BE CONDUCTED BY THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES BETWEEN DECEMBER 15 AND THE SUCCEEDING JANUARY 15; AND TO AMEND SECTION 24-21-645, AS AMENDED, RELATING TO PAROLE, SO AS TO PROVIDE FOR A HEARING EVERY FIVE YEARS FOR A PERSON CONVICTED OF A VIOLENT CRIME.

Ordered for consideration tomorrow.

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

H. 4332 -- Reps. Sheheen, Rudnick and Stuart: A BILL TO AMEND SECTION 7-19-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONGRESSIONAL DISTRICTS, SO AS TO REAPPORTION AND FURTHER PROVIDE FOR THE COMPOSITION OF THE DISTRICTS IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 1990, TO FURTHER PROVIDE FOR CONGRESSIONAL DISTRICT REPRESENTATIVES ON BOARDS, COMMITTEES, AND COMMISSIONS, AND TO PROVIDE FOR THE MANNER IN WHICH CERTAIN VACANCIES MUST BE FILLED.

Ordered for consideration tomorrow.

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

H. 4333 -- Reps. Sheheen, Snow, Rudnick and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-15 SO AS TO ESTABLISH THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED COMMENCING WITH THE 1994 GENERAL ELECTION, TO DESIGNATE THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE HOUSE REAPPORTIONMENT PLAN CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT, AND TO REPEAL SECTION 2-1-10 RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED SUBJECT TO CERTAIN CONDITIONS.

Ordered for consideration tomorrow.

Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

H. 4067 -- Rep. White: A BILL TO AMEND SECTION 50-17-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRAB TRAWLING, SO AS TO REVISE PERMIT AND TRAWLING RESTRICTIONS.

Ordered for consideration tomorrow.

Rep. KIRSH, from the York Delegation, submitted a favorable report, on:

S. 1012 -- Senators Hayes, Peeler, Gregory and Short: A BILL TO DESIGNATE THE BOUNDARIES OF YORK SCHOOL DISTRICT 1, CLOVER SCHOOL DISTRICT 2, ROCK HILL SCHOOL DISTRICT 3, AND FORT MILL SCHOOL DISTRICT 4, ALL LOCATED IN YORK COUNTY.

Ordered for consideration tomorrow.

Rep. DAVENPORT, from the Spartanburg Delegation, submitted a favorable report, on:

H. 4518 -- Reps. Davenport, Littlejohn, Allison, Wells, Lanford and D. Smith: A BILL TO AMEND ACT 36 OF 1967, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR HIGHER EDUCATION, SO AS TO PROVIDE THAT THE PRESIDENT OF THE UNIVERSITY OF SOUTH CAROLINA, WITH THE ADVICE AND CONSENT OF THE BOARD OF TRUSTEES OF THE UNIVERSITY OF SOUTH CAROLINA AND THE SPARTANBURG COUNTY COMMISSION ON HIGHER EDUCATION, SHALL EMPLOY THE ADMINISTRATIVE OFFICERS AND FACULTY OF THE SPARTANBURG CAMPUS OF THE UNIVERSITY OF SOUTH CAROLINA.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4536 -- Reps. Rudnick, Cobb-Hunter, G. Brown, Richardson, Felder, Kennedy, Kinon, Harwell, McLeod and Waites: A CONCURRENT RESOLUTION EXPRESSING SYMPATHY FOR THE CITIZENS OF SOUTHERN CALIFORNIA WITH REGARD TO THE DEVASTATION CAUSED BY THE EARTHQUAKE OF JANUARY 17, 1994.

Whereas, the citizens of South Carolina received with horror the news of the devastation caused in southern California by the powerful earthquake of January 17, 1994; and

Whereas, South Carolinians still remember clearly the effects of Hurricane Hugo, which caused great destruction and death in this State in 1989, and the aid, prayers, and support received in South Carolina from generous Californians; and

Whereas, we deeply regret the loss of life, the injuries, and the overwhelming damage sustained in California following this 1994 earthquake, and we want the people of that state to know that they have our prayers and support. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, expresses sympathy on behalf of the citizens of this State for the citizens of southern California with regard to the devastation caused by the earthquake of January 17, 1994.

Be it further resolved that copies of this resolution be forwarded to the Governor of the State of California and to the presiding officers of the California Legislature.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4537 -- Reps. Rudnick, G. Brown, McKay, Cobb-Hunter, Kinon, Baxley, Harwell, Richardson, Kennedy, Kennedy, Felder, McLeod and Waites: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF VIRGINIA KELLEY, THE MOTHER OF PRESIDENT CLINTON, AND EXTENDING SYMPATHY TO MRS. KELLEY'S FAMILY AND COUNTLESS FRIENDS AND ADMIRERS.

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

HOUSE RESOLUTION

The following was introduced:

H. 4538 -- Reps. R. Smith and J. Wilder: A HOUSE RESOLUTION TO COMMEND JAMES LOGUE OF BARNWELL ON JANUARY 29, 1994, FOR HIS ACHIEVEMENTS IN THE MARTIAL ARTS AND HIS CONTRIBUTIONS TO THE CITIZENS OF SOUTH CAROLINA.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4539 -- Reps. R. Smith and J. Wilder: A HOUSE RESOLUTION TO COMMEND TAIKA SEIYU OYATA ON JANUARY 29, 1994, FOR HIS ACHIEVEMENTS IN THE MARTIAL ARTS AND HIS POSITIVE INFLUENCE ON THE CITIZENS OF THE STATE OF SOUTH CAROLINA.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4540 -- Rep. Stuart: A HOUSE RESOLUTION CONGRATULATING THE SWANSEA HIGH SCHOOL FOOTBALL TEAM OF LEXINGTON COUNTY ON WINNING THE 1993 STATE CROWN IN CLASS AA, AND EXTENDING THE TEAM AND ITS COACHES THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, JANUARY 20, 1994, FOR THE PURPOSE OF BEING RECOGNIZED AS CLASS AA FOOTBALL CHAMPIONS FOR 1993.

Whereas, the Tigers of Swansea High School claimed the 1993 Class AA state football championship last December after defeating Woodruff High School by a 21-7 score; and

Whereas, Swansea had a superb 1993 season, and the team was characterized by talent, hard work, dedication, and unity; and

Whereas, the Head Coach of the 1993 Swansea Tigers was Robert Maddox and the varsity roster included the following players: Stanley Myers, Jeremy Anderson, Russell Ott, Brian Porterfield, Curtis Fields, Tristan Sanders, Mack Dixon, Brandon Walker, Tiwan Seawright, Lamar Brooks, Simon Walker, Curtis Harrelson, Kenny Williamson, Travis Riddle, Jesse Riley, Joe Hook, Elbert Bolton, Reggie Salley, Mark Mack, Bobby Joe Wingard, Derick Jeffcoat, Jaymar Simmons, John Chisolm, Daniel Peagler, Eric Kirkland, Michael Griner, Matt Raulerson, Michael Bloome, Wade Davis, Jerod Zeigler, Brandon Ray, Ian Smith, Lewis Mcdaniel, Chris Jeffcoat, Margario Harris, Jamie Bobbitt, Kelvin Jeffcoat, Freddie Pough, Johnnie Robbins, Michael Jumper, Jerome Nelson, Joey Espinosa, Jeff Corley, Will Richardson, Scott Buff, and Horace Robinson; and

Whereas, winning a state championship is a great accomplishment and is highly deserving of recognition. Now, therefore,

Be it resolved by the House of Representatives:

That the House of Representatives, by this resolution, congratulates the Swansea High School football team of Lexington County on winning the 1993 state crown in Class AA.

Be it further resolved that the Tigers football team and coaches be extended the privilege of the floor of the House of Representatives on Thursday, January 20, 1994, at a time to be determined by the Speaker, for the purpose of being recognized as Class AA football champions for 1993.

Be it further resolved that a copy of this resolution be forwarded to the Swansea High School football team, in care of Head Coach Robert Maddox.

The Resolution was adopted.

CONCURRENT RESOLUTION

On motion of Rep. HODGES, with unanimous consent, the following was taken up for immediate consideration:

S. 1014 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 2, 1994, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTH JUDICIAL CIRCUIT WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE AT-LARGE CIRCUIT, SEAT 2 WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRD JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FOURTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SEVENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE EIGHTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TWELFTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FOURTEENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994.

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

That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, February 2, 1994, at 12:00 noon to elect a successor to The Honorable Carol Connor of the Fifth Judicial Circuit whose unexpired term expires June 30, 1994; to elect a successor to The Honorable William T. Howell of the At-Large Circuit, Seat 2 whose unexpired term expires June 30, 1997; to elect a successor to The Honorable David F. McInnis of the Third Judicial Circuit whose term expires June 30, 1994; to elect a successor to The Honorable Edward B. Cottingham of the Fourth Judicial Circuit whose term expires June 30, 1994; to elect a successor to the holder of the unexpired term of The Honorable Carol Connor of the Fifth Judicial Circuit whose term expires June 30, 1994; to elect a successor to The Honorable E.C. Burnett, III of the Seventh Judicial Circuit whose term expires June 30, 1994; to elect a successor to The Honorable James W. Johnson, Jr. of the Eighth Judicial Circuit whose term expires June 30, 1994; to elect a successor to The Honorable William L. Howard of the Ninth Judicial Circuit whose term expires June 30, 1994; to elect a successor to The Honorable Julius H. Baggett of the Eleventh Judicial Circuit whose term expires June 30, 1994; to elect a successor to The Honorable William P. Keesley of the Eleventh Judicial Circuit whose term expires June 30, 1994; to elect a successor to The Honorable John H. Waller, Jr. of the Twelfth Judicial Circuit whose term expires June 30, 1994; to elect a successor to The Honorable C. Victor Pyle, Jr. of the Thirteenth Judicial Circuit whose term expires June 30, 1994; and to elect a successor to The Honorable Gerald C. Smoak, Sr. of the Fourteenth Judicial Circuit whose term expires June 30, 1994.

Be it further resolved that, upon the conclusion of the elections for the respective judicial offices hereinabove set forth, the Joint Assembly shall proceed to an election of the successors to the members of the Old Exchange Building Commission whose terms expire in 1994.

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

INTRODUCTION OF BILLS

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

H. 4541 -- Reps. Jennings, Baxley, Fair, Harrison, Harwell, Riser, Waites, Wright, D. Smith, J. Wilder, Baker, Cato, Fulmer, Kelley, R. Young, McLeod, Witherspoon, J. Brown, Hines, A. Young, Robinson, Cooper, McCraw, Barber, Quinn, Harvin, Shissias, Govan, Wilkins, Waldrop and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 TO TITLE 33 SO AS TO ENACT THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT" WHICH INCLUDES PROVISIONS REGULATING THE MANNER, CONDITIONS, AND PROCEDURES UNDER WHICH SOLICITATIONS OF CHARITABLE FUNDS MAY BE UNDERTAKEN IN THIS STATE, PROVISIONS ESTABLISHING CERTAIN REGISTRATION AND OTHER FEES, PROVISIONS ESTABLISHING CERTAIN CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, AND PROVISIONS STIPULATING THE AMOUNT THAT A PERSON MAY RECOVER AS A RESULT OF AN INJURY BY REASON OF CERTAIN TORTIOUS ACTS OF AN EMPLOYEE OF THE CHARITABLE ORGANIZATION; TO AMEND THE 1976 CODE BY ADDING SECTION 38-79-30 SO AS TO RECODIFY IN TITLE 38 A PROVISION CURRENTLY CONTAINED IN CHAPTER 55 OF TITLE 33 PERTAINING TO THE LIABILITY OF A LICENSED HEALTH CARE PROVIDER WHO RENDERS MEDICAL SERVICES VOLUNTARILY AND WITHOUT COMPENSATION; AND TO REPEAL CHAPTER 55, TITLE 33 OF THE 1976 CODE RELATING TO CHARITABLE ORGANIZATIONS AND THE SOLICITATIONS OF CHARITABLE FUNDS.

Referred to Committee on Judiciary.

H. 4542 -- Reps. Stuart, Sturkie, Gamble, Koon, Spearman and Riser: A BILL TO AMEND ACT 218 OF 1993, RELATING TO THE ELECTION OF MEMBERS OF BOARDS OF TRUSTEES OF SCHOOL DISTRICTS IN LEXINGTON COUNTY IN NONPARTISAN ELECTIONS, SO AS TO PROVIDE THAT ALL PERSONS DESIRING TO QUALIFY AS A CANDIDATE SHALL FILE WRITTEN NOTICE OF CANDIDACY WITH THE COUNTY ELECTION COMMISSION BY SEPTEMBER FIRST BUT NOT EARLIER THAN AUGUST FIRST OF THE YEAR IN WHICH THE ELECTION IS TO BE CONDUCTED.

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

H. 4543 -- Reps. Whipper, Holt, Beatty, Inabinett, J. Bailey, Keyserling, Neal, White, Kirsh, Moody-Lawrence, Canty and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-470, SO AS TO REQUIRE THE BUDGET AND CONTROL BOARD TO SUBMIT REGULATIONS TO THE GENERAL ASSEMBLY PROVIDING FOR THE PRIVATIZATION OF CONTRACTUAL SERVICES FOR STATE GOVERNMENT.

Referred to Committee on Ways and Means.

H. 4544 -- Reps. Klauber and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-345 SO AS TO PROVIDE THAT THE QUALIFIED ELECTORS OF ANY SCHOOL DISTRICT MAY BY PETITION PROPOSE THAT AN ADVISORY REFERENDUM BE CONDUCTED IN THE DISTRICT AT THE SAME TIME AS THE NEXT GENERAL ELECTION AND TO PROVIDE FOR THE MANNER IN WHICH AND THE PROCEDURES UNDER WHICH THIS ADVISORY REFERENDUM SHALL BE CONDUCTED.

Referred to Committee on Education and Public Works.

H. 4545 -- Reps. Kirsh, Haskins, Harvin, Davenport, Robinson, Barber, Vaughn, Wells and Snow: A BILL TO AMEND SECTION 23-6-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HIGHWAY PATROL DIVISION AND THE STATE POLICE DIVISION WITHIN THE DEPARTMENT OF PUBLIC SAFETY AND THE REQUIREMENT FOR FILING, AMONG OTHER THINGS, A DESCRIPTION AND ILLUSTRATION OF THE OFFICIAL HIGHWAY PATROL UNIFORM, SO AS TO DELETE THE REQUIREMENT THAT THESE FILINGS BE MADE WITH THE SECRETARY OF STATE.

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

H. 4546 -- Reps. Kirsh, Haskins, Harvin, Davenport, Robinson, Barber, Vaughn and Wells: A BILL TO AMEND SECTION 40-55-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CODE OF ETHICS GOVERNING PSYCHOLOGISTS, LIMITS OF PSYCHOLOGICAL PRACTICE, AND LIST OF LICENSED PSYCHOLOGISTS, SO AS TO DELETE THE REQUIREMENT THAT A COPY OF THE CODE OF ETHICS BE FILED WITH THE SECRETARY OF STATE.

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

H. 4547 -- Reps. Kirsh, Haskins, Harvin, Davenport, Robinson, Barber, Vaughn and Wells: A BILL TO AMEND SECTION 40-73-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL REPORTS REQUIRED OF OCCUPATIONAL AND PROFESSIONAL LICENSING BOARDS, SO AS TO PROVIDE THAT COPIES OF THE REPORTS MUST BE MAINTAINED AT ALL TIMES AND MUST BE AVAILABLE FOR PUBLIC INSPECTION WITHIN THE OFFICES OF THE BUDGET AND CONTROL BOARD, RATHER THAN THE OFFICES OF THE SECRETARY OF STATE.

Referred to Committee on Labor, Commerce and Industry.

H. 4548 -- Reps. Kirsh, Haskins, Harvin, Davenport, Robinson, Barber, Vaughn and Wells: A BILL TO REPEAL CHAPTER 11 OF TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDATION OF DEEDS AND DOCUMENTS OF RAILROADS.

Referred to Committee on Labor, Commerce and Industry.

H. 4549 -- Reps. Kirsh, Haskins, Harvin, Davenport, Robinson, Barber, Vaughn, Wells and Snow: A BILL TO AMEND SECTION 3-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAND FOR GEORGETOWN JETTIES AND SPECIFIC GRANTS OR CESSIONS OF LAND JURISDICTION TO THE UNITED STATES, SO AS TO PROVIDE FOR THE FILING OF CERTAIN PLATS WITH THE REGISTER OF MESNE CONVEYANCES FOR GEORGETOWN COUNTY, RATHER THAN IN THE OFFICE OF THE SECRETARY OF STATE.

Referred to Committee on Judiciary.

H. 4550 -- Reps. Kirsh, Haskins, Harvin, Davenport, Robinson, Barber, Vaughn, Wells and Snow: A BILL TO AMEND SECTION 3-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTANCE BY THE STATE OF SOUTH CAROLINA OF RELINQUISHMENT OF LANDS BY THE UNITED STATES, SO AS TO DELETE CERTAIN LANGUAGE, INCLUDING THE REQUIREMENT THAT THE SECRETARY OF STATE MAINTAIN A PERMANENT FILE OF THE NOTICES OF ACCEPTANCE AND RELINQUISHMENT, AND REQUIRE THE BUDGET AND CONTROL BOARD TO MAINTAIN A PERMANENT FILE OF THESE NOTICES.

Referred to Committee on Judiciary.

H. 4551 -- Reps. Kirsh, Haskins, Harvin, Davenport, Robinson, Barber, Vaughn, Wells and Snow: A BILL TO REPEAL SECTION 33-35-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DECLARATION THAT NO CORPORATION ORGANIZED UNDER CHAPTER 35 OF TITLE 33 (NONPROFIT CORPORATIONS FINANCED BY FEDERAL LOANS) SHALL BE EXEMPT FROM TAXATION BY REASON OF ANY PROVISION OF THAT CHAPTER.

Referred to Committee on Ways and Means.

H. 4552 -- Reps. Barber, Wright, McKay, Rudnick, Baxley and Neilson: A BILL TO AMEND SECTION 40-29-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENERGY EFFICIENCY LABELING ON MANUFACTURED HOMES, SO AS TO PROVIDE FOR A PERMANENT LABEL AND A CONSUMER NOTICE; AND TO AMEND SECTION 12-36-2110, AS AMENDED, RELATING TO SALES TAX ON MANUFACTURED HOMES SO AS TO PROVIDE THAT AN EQUIVALENT HEAT LOSS CALCULATION MAY BE USED IN DETERMINING IF STANDARDS HAVE BEEN MET TO QUALIFY FOR THE EXEMPTION FROM THE TAX DUE ABOVE THREE HUNDRED DOLLARS; TO PROVIDE THAT THE EXEMPTION APPLIES IN MANUFACTURED HOMES WHICH HAVE BEEN PREVIOUSLY OCCUPIED BUT MEET THE STANDARDS; AND TO PROVIDE THAT THE EDITION OF THE AMERICAN SOCIETY OF HEATING, REFRIGERATING, AND AIR CONDITIONING ENGINEERS GUIDE IN EFFECT AT THE TIME IS THE SOURCE FOR THE HEAT LOSS CALCULATION.

Referred to Committee on Labor, Commerce and Industry.

H. 4553 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-54-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO ALLOW THE MUNICIPAL ASSOCIATION OF SOUTH CAROLINA AND THE SOUTH CAROLINA ASSOCIATION OF COUNTIES TO SUBMIT CLAIMS ON BEHALF OF POLITICAL SUBDIVISIONS WHO ARE NOT MEMBERS OF THESE ASSOCIATIONS.

Referred to Committee on Ways and Means.

H. 4554 -- Reps. Kirsh, Haskins, Harvin, Davenport, Robinson, Barber, Vaughn and Wells: A BILL TO AMEND SECTION 55-11-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMULGATION OF RULES AND REGULATIONS GOVERNING THE USE OF ROADS, STREETS, AND PARKING FACILITIES ON LANDS OF THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT, SO AS TO DELETE A REFERENCE TO A REQUIREMENT TO FILE SUCH RULES AND REGULATIONS IN THE OFFICE OF THE SECRETARY OF STATE.

Referred to Committee on Education and Public Works.

H. 4555 -- Rep. Sharpe: A JOINT RESOLUTION TO PROVIDE THAT IT IS THE POLICY OF THIS STATE TO MAINTAIN A PROGRAM FOR THE PROCUREMENT OF PRODUCTS CONTAINING COMPOSTED ORGANIC MATERIAL AND TO REQUIRE STATE AGENCIES TO GIVE PREFERENCE TO THE USE OF SOUTH CAROLINA COMPOSTED MATERIAL IN ROAD BUILDING, LAND MAINTENANCE, AND LAND DEVELOPMENT ACTIVITIES.

Referred to Committee on Ways and Means.

H. 4556 -- Reps. Sharpe, Allison, G. Bailey, Baker, Beatty, H. Brown, Cato, Clyborne, Cromer, Davenport, Fair, Fulmer, Gamble, Haskins, Jaskwhich, Keegan, Kirsh, Koon, Lanford, Littlejohn, McElveen, Meacham, Quinn, Riser, Rudnick, D. Smith, Snow, Spearman, Stoddard, Stuart, Sturkie, Vaughn, Waldrop, Walker, Wells, Witherspoon, Wright, Hutson, A. Young, Townsend, R. Smith and D. Wilder: A BILL TO AMEND SECTION 4-9-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFIED ELECTORS OF A COUNTY PROPOSING CERTAIN ORDINANCES BY PETITION, SO AS TO REVISE THE NUMBER OF SIGNATURES REQUIRED FOR THE PETITION AND TO AUTHORIZE THE QUALIFIED ELECTORS OF THE COUNTY TO PROPOSE ORDINANCES LIMITING THE TOTAL REVENUE WHICH THE COUNTY MAY EXPEND DURING A FISCAL YEAR.

Referred to Committee on Judiciary.

H. 4557 -- Rep. Simrill: A BILL TO AMEND SECTION 44-95-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES WHERE SMOKING IS PROHIBITED UNDER THE CLEAN INDOOR AIR ACT OF 1990, SO AS TO PROVIDE THAT LOCAL SCHOOL DISTRICT BOARDS ARE NOT PROHIBITED FROM MAKING SCHOOL DISTRICT FACILITIES SMOKE FREE; TO PROVIDE AN EXCEPTION FOR GOVERNMENTAL ENTITIES THAT HAD A NONSMOKING POLICY IN EFFECT IN GOVERNMENTAL BUILDINGS BEFORE AUGUST 1, 1990; AND TO DESIGNATE THE PROVISIONS OF THE CLEAN INDOOR AIR ACT AS CHAPTER 95, TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976.

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

H. 4558 -- Rep. Stille: A BILL TO AMEND SECTION 56-3-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE DEALER LICENSE PLATES, SO AS TO AUTHORIZE THE USE OF A DEALER LICENSE PLATE ON A VEHICLE USED FOR PUBLIC SCHOOL DRIVER EDUCATION, TO PROVIDE THAT A DEALER LICENSE PLATE USED FOR SUCH A PURPOSE MAY BE OBTAINED FOR NO FEE, AND TO REQUIRE THE PLATE TO BE SURRENDERED TO THE DEPARTMENT OF REVENUE AND TAXATION WHEN THE VEHICLE IS NO LONGER USED FOR SUCH PURPOSES.

Referred to Committee on Education and Public Works.

H. 4559 -- Rep. Cromer: A BILL TO AMEND SECTION 34-11-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FRAUDULENT CHECKS, SO AS TO PROVIDE THAT THE PRESIDING JUDGE SHALL ALSO REQUIRE RESTITUTION WITHIN TEN DAYS OF THE SENTENCE IN ADDITION TO ANY OTHER PENALTIES IMPOSED.

Referred to Committee on Judiciary.

H. 4560 -- Reps. Hodges and J. Wilder: A BILL TO AMEND SECTION 7-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS AND DISQUALIFICATIONS FOR REGISTRATION TO VOTE, SO AS TO DELETE LANGUAGE WHICH PROVIDE THAT CONFINEMENT IN ANY PUBLIC PRISON DISQUALIFIES A PERSON FROM BEING REGISTERED OR VOTING AND PROVIDE THAT A PERSON IS DISQUALIFIED FROM VOTING IF HE IS SERVING A TERM OF IMPRISONMENT RESULTING FROM A CONVICTION OF A CRIME.

Referred to Committee on Judiciary.

H. 4561 -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-27-45 SO AS TO PROVIDE FOR A STATUTE OF LIMITATIONS ON POST CONVICTION RELIEF APPLICATIONS AND TO PROVIDE FOR APPLICATIONS SEEKING RETROACTIVE APPLICATION OF JUDICIAL DECISIONS.

Referred to Committee on Judiciary.

H. 4562 -- Reps. Martin, Keegan, Kelley, Snow, Witherspoon and Worley: A BILL TO AMEND SECTION 40-11-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE REGULATION OF CONTRACTORS BY THEIR LICENSING BOARD, SO AS TO EXEMPT CERTAIN WORK BUILT OR PERFORMED BY A COUNTY OR MUNICIPALITY WHICH HAS ADOPTED THE STANDARD BUILDING CODE AND WHICH HAS A CERTIFIED BUILDING INSPECTION DEPARTMENT, AND PROVIDE THAT THE EXEMPTION ONLY APPLIES TO WORK BEING DONE WHICH DOES NOT EXCEED THE CONTRACT LIMITATION OF A GROUP NUMBER TWO GENERAL CONTRACTOR UNDER THE REGULATIONS OF THE BOARD.

Referred to Committee on Labor, Commerce and Industry.

H. 4563 -- Reps. Sharpe, Hutson, Wells, A. Young, Snow, D. Smith, Lanford, Vaughn, Meacham, Fulmer, Witherspoon, Davenport, R. Smith, Waldrop, G. Bailey, Townsend, Elliott, H. Brown, Koon, Riser, Gamble, Allison, Cromer, Littlejohn, Spearman, Walker and Wofford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY ADDING AN APPROPRIATELY NUMBERED SECTION SO AS TO PROVIDE THAT STATE TAXES MAY NOT BE INCREASED AND NEW STATE TAXES MAY NOT BE IMPOSED EXCEPT UPON A FAVORABLE VOTE OF THE QUALIFIED ELECTORS OF THE STATE IN A REFERENDUM, TO LIMIT INCREASES IN STATE SPENDING TO THE INCREASE IN THE CONSUMER PRICE INDEX AND PROVIDE EXCEPTIONS, TO AUTHORIZE THE GOVERNOR TO DECLARE A FISCAL EMERGENCY THAT SUSPENDS THE LIMITATIONS IMPOSED BY THIS SECTION FOR THE DURATION OF THE EMERGENCY AND ESTABLISH HOW THE LIMITATIONS ARE REIMPOSED AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW FOR THE IMPLEMENTATION OF THESE LIMITATIONS.

Referred to Committee on Judiciary.

H. 4564 -- Rep. Spearman: A BILL TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF S-27 (EMORY CHURCH ROAD) IN SALUDA COUNTY.

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

H. 4565 -- Reps. D. Smith, Martin, Witherspoon and Snow: A BILL TO PROVIDE FOR THE REGULATION OF SITE AND SITE APPROVAL, TESTING OF EQUIPMENT, MANAGEMENT OF THE OPERATION, THE OPERATING PROCEDURES, AND THE PROVISIONS AND EMERGENCY PROCEDURES RELATING TO BUNGEE JUMPING FACILITIES AND OPERATIONS IN SOUTH CAROLINA, INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, CERTAIN FINES AND PENALTIES.

Referred to Committee on Labor, Commerce and Industry.

H. 4566 -- Reps. Jennings, Askins, Baxley, Fulmer, P. Harris, Harrison, Hines, McAbee, Shissias, Snow, Spearman, Tucker, J. Wilder, Harwell, G. Brown, Neilson, Kinon, Beatty, Cobb-Hunter, Richardson, Keyserling, H. Brown, A. Young, Waldrop, Huff, T.C. Alexander, Stuart, Sturkie, R. Smith, Chamblee, Moody-Lawrence, Corning, Harrell, Thomas, Inabinett, Wilkins and Boan: A BILL TO AMEND CHAPTER 24 OF TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BANK HOLDING COMPANY ACT, SO AS TO REVISE AND FURTHER PROVIDE FOR DEFINITIONS AND REGULATORY PROVISIONS AND PROCEDURES IN ORDER TO PERMIT AFTER A SPECIFIED DATE AN OUT-OF-STATE BANK HOLDING COMPANY TO OPERATE AND MAKE ACQUISITIONS IN THIS STATE IN THE SAME MANNER THAT A SOUTHERN REGION BANK HOLDING COMPANY IS PERMITTED TO OPERATE AND MAKE ACQUISITIONS.

Referred to Committee on Labor, Commerce and Industry.

H. 4567 -- Reps. Townsend, P. Harris, Cooper, Stille, Chamblee and Tucker: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD ANDERSON COUNTY TO THE LIST OF COUNTIES WHICH HAVE A REGISTER OF MESNE CONVEYANCES; AND TO AMEND SECTION 30-5-12, AS AMENDED, RELATING TO THE APPOINTMENT OF REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD ANDERSON COUNTY TO THE LIST OF COUNTIES WHICH SHALL APPOINT THE REGISTER OF MESNE CONVEYANCES FOR ITS COUNTY PURSUANT TO THE TERMS AND CONDITIONS AS IT MAY AGREE UPON.

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

H. 4568 -- Reps. Townsend, P. Harris and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-15 SO AS TO PROVIDE THAT ALL NINTH GRADE STUDENTS DURING THE REGULAR SCHOOL TERM MUST TAKE A ONE SEMESTER COURSE IN TYPEWRITING AND KEYBOARDING OFFERED AND CONDUCTED BY THEIR SCHOOL OR SCHOOL DISTRICT.

Referred to Committee on Education and Public Works.

H. 4569 -- Reps. J. Brown, McMahand, Cobb-Hunter, Wilkes, G. Bailey, Sturkie, Corning, Shissias, Inabinett, Kennedy, Hines, Whipper, Neal, Byrd, Hallman, Riser, M.O. Alexander, Fulmer, Wright, Breeland, Scott, Kelley, Harrelson, Anderson, Haskins, Richardson, Neilson, Wilkins, Cromer and Chamblee: A BILL TO AMEND SECTION 17-5-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF DEAD BODIES, SO AS TO PROVIDE THAT UNIDENTIFIED BODIES MUST BE PRESERVED AT THE MEDICAL UNIVERSITY OF SOUTH CAROLINA OR OTHER SUITABLE FACILITY FOR A PERIOD OF THIRTY DAYS AND TO PROVIDE FOR THE FINAL DISPOSITION OF THE BODIES.

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

H. 4570 -- Reps. Baker and McMahand: A BILL TO AMEND ACT 67 OF 1965, AS AMENDED, RELATING TO THE BOARD OF FIRE CONTROL FOR THE SOUTH GREENVILLE AREA FIRE DISTRICT, SO AS TO PROVIDE THAT A VACANCY MUST BE FILLED BY APPOINTMENT BY THE GOVERNOR FOR THE UNEXPIRED PORTION OF THE TERM.

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

H. 4571 -- Rep. Davenport: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION, SO AS TO AUTHORIZE THE FAMILY COURT TO COMMIT A PERSON TO JAIL FOR FAILURE TO PAY CHILD SUPPORT AND TO SENTENCE THEM TO A PRE-RELEASE CENTER OR TO SUSPEND THE SENTENCE AND ORDER PROBATION, INCLUDING DAY PLACEMENT AT A RESTITUTION CENTER; TO AMEND SECTION 24-21-480, AS AMENDED, RELATING TO THE RESTITUTION CENTER PROGRAM IN THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO INCLUDE PLACEMENT IN THE CENTER OF PERSONS IN CONTEMPT OF COURT FOR NONPAYMENT OF CHILD SUPPORT, TO PROVIDE A DAY PLACEMENT FEE OF FIVE DOLLARS A DAY; AND TO PROVIDE THAT PLACEMENT IN A RESTITUTION CENTER FOR FAILURE TO PAY CHILD SUPPORT IS SUBJECT TO FUNDING APPROPRIATED TO THE DEPARTMENT FOR EXPANSION OF THIS PROGRAM.

Referred to Committee on Judiciary.

H. 4572 -- Reps. Harwell, McKay, Askins and Houck: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF DECEMBER 9, 1993, MISSED BY THE STUDENTS OF SOUTHSIDE MIDDLE SCHOOL, FLORENCE CAREER CENTER, AND SOUTH FLORENCE HIGH SCHOOL OF FLORENCE SCHOOL DISTRICT ONE IN FLORENCE COUNTY WHEN THESE SCHOOLS WERE CLOSED DUE TO WATER PROBLEMS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

On motion of Rep. HARWELL, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4573 -- Rep. Cromer: A BILL TO AMEND SECTION 11-35-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE THE EXEMPTION OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY; AND TO AMEND THE 1976 CODE BY ADDING SECTION 58-31-75 SO AS TO PROVIDE THAT THE PUBLIC SERVICE AUTHORITY IN PROCURING AND OPERATING MOTOR VEHICLES SHALL BE SUBJECT TO RULES, REGULATIONS, POLICIES, AND PROCEDURES OF THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE BUDGET AND CONTROL BOARD IN THE SAME MANNER STATE AGENCIES AND DEPARTMENTS ARE SUBJECT TO THESE RULES, REGULATIONS, POLICIES, AND PROCEDURES, PROVIDED ALL MOTOR VEHICLES OF THE AUTHORITY MUST BE TITLED IN THE NAME OF THE AUTHORITY.

Referred to Committee on Ways and Means.

H. 4574 -- Reps. Baker, Cato, Clyborne and Jaskwhich: A BILL TO AMEND SECTION 47-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF WILD CARNIVORES AS PETS, SO AS TO DELETE THE REFERENCE TO FERRETS AND EXEMPT THEM FROM THE PROHIBITION.

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

H. 4575 -- Reps. Townsend, Cooper, Sharpe, Kelley, Trotter, Walker, Allison, Chamblee, Stille, Littlejohn, Mattos, D. Wilder, Marchbanks, Wilkins, Jaskwhich, Vaughn, Kirsh, Wells, Graham, Fair and Davenport: A BILL TO AMEND SECTION 1-23-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS, SO AS TO REQUIRE THAT ALL REGULATIONS MUST BE ENACTED BY THE GENERAL ASSEMBLY AND ALL RULES AND PROVISIONS OF LAW APPLICABLE TO THE ENACTMENT OF THE STATUTORY LAW OF THIS STATE APPLIES TO THE ENACTMENT OF REGULATIONS; TO REPEAL SECTION 1-23-125, RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS; AND TO REPEAL SECTION 1-23-130, RELATING TO EMERGENCY REGULATIONS.

Referred to Committee on Judiciary.

H. 4576 -- Reps. McLeod and Littlejohn: A BILL TO REPEAL SECTION 34-13-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM INVESTMENT OF A BANKING CORPORATION IN REAL ESTATE MORTGAGES.

Referred to Committee on Labor, Commerce and Industry.

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

STATEMENT OF ATTENDANCE

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

Michael L. Fair                   James S. Klauber
Gilda Cobb-Hunter                 Harold G. Worley
Timothy F. Rogers                 William D. Boan
Total Present--122

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the session on Tuesday, January 18.

Lindsey O. Graham

DOCTOR OF THE DAY

Announcement was made that Dr. Tommy Rowland of Columbia is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

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

H. 4499 -- Reps. Harwell, McLeod, G. Brown, McKay, Hines, Baxley, Neilson, Canty, Neal, Askins and Houck: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF SCENIC RIVERS, SO AS TO DESIGNATE A PORTION OF THE LYNCHES RIVER.

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolution was read the third time, passed and, 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. 951 -- Senators Setzler, Giese, Hayes, Lander, J. Verne Smith, Washington and Courson: A JOINT RESOLUTION TO PROVIDE FOR THE EXTENSION OF THE STIPULATED COMPLETION DATES OF CERTAIN LONG-RANGE, COMPREHENSIVE PLANS REQUIRED BY THE EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE ACT UNDER SPECIFIED CONDITIONS.

S. 497--OBJECTIONS

The following Bill was taken up.

S. 497 -- Senator Bryan: A BILL TO AMEND SECTION 8-21-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PROBATE COURT FEES AND COSTS, SO AS TO REVISE THESE FEES AND COSTS; TO AMEND SECTION 8-21-790, RELATING TO FEES FOR SETTLEMENT OF ESTATES, SO AS TO DELETE LANGUAGE AUTHORIZING THE TAX COMMISSION TO RETAIN CERTAIN OF THESE FEES; TO AMEND SECTION 20-1-230, RELATING TO THE ISSUANCE OF MARRIAGE LICENSES, SO AS TO REVISE A REFERENCE TO THE FEE FOR MARRIAGE LICENSES; AND TO REPEAL SECTION 8-21-780, RELATING TO FEES OF THE PROBATE COURT FOR PROVIDING COPIES OF CERTAIN STATEMENTS, AND SECTION 15-37-70, RELATING TO COSTS AND EXPENSES OF ADMINISTRATION AND SETTLEMENT OF SMALL ESTATES.

Reps. HODGES, KIRSH, HARRELSON, DELLENEY, FARR and TUCKER objected to the Bill.

H. 3631--DEBATE ADJOURNED

Rep. NEILSON moved to adjourn debate upon the following Bill until Wednesday, January 26, which was adopted.

H. 3631 -- Reps. Elliott, G. Bailey, Houck, McKay, Askins, Robinson, Davenport, Stone, Byrd, Cato, A. Young and Kinon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-147 SO AS TO PROHIBIT A HEALTH INSURANCE POLICY OR A HEALTH MAINTENANCE ORGANIZATION PLAN FROM RESTRICTING SELECTION OF A PHARMACIST OF CHOICE OR FROM RESTRICTING A PHARMACIST THE RIGHT TO PARTICIPATE AS A PROVIDER IF TERMS OF THE POLICY OR PLAN ARE MET.

H. 3290--POINT OF ORDER

The following Joint Resolution was taken up.

H. 3290 -- Reps. Klauber, Graham, Gonzales, Simrill, D. Smith, Vaughn, Trotter, Littlejohn, Richardson, Fulmer, Cato, A. Young, Keegan, Wells, Marchbanks, Kelley, Thomas, Witherspoon, Cooper, Cromer, Robinson, Meacham, Stone and Allison: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 2 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT HOUSE MEMBERS MAY ONLY SERVE SIX CONSECUTIVE TWO-YEAR TERMS AND TO PROVIDE THAT HOUSE MEMBERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS SIX CONSECUTIVE NEW TERMS; PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 6 OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT SENATORS MAY ONLY SERVE THREE CONSECUTIVE FOUR-YEAR TERMS, TO PROVIDE THAT SENATORS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE CONSECUTIVE NEW TERMS, AND TO REVISE CERTAIN OBSOLETE REFERENCES; AND PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 7 OF THE CONSTITUTION, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT CONSTITUTIONAL OFFICERS MAY ONLY SERVE TWO CONSECUTIVE FOUR-YEAR TERMS AND TO PROVIDE THAT CONSTITUTIONAL OFFICERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS TWO CONSECUTIVE NEW TERMS.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

H. 4070--POINT OF ORDER

The following Bill was taken up.

H. 4070 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTION 8-13-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991, SO AS TO PROVIDE THAT THE DEFINITION OF "CANDIDATE" ALSO MEANS A PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED.

Reps. HODGES, WILKINS and JENNINGS proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7559DW.94).

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

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

"Section 8-13-325.     The State Ethics Commission shall retain fees generated by the registration of lobbyists and lobbyist's principals to offset costs associated with the administration and regulation of lobbyists and lobbyist's principals."

SECTION     2.     The 1976 Code is amended by adding:

"Section 8-13-717.     Notwithstanding any other provision of law, any public employee who accepts honoraria, compensation, or reimbursement of actual expenses for speaking to a public or private group shall disclose on his statement of economic interests the organization which provided the honoraria, compensation, or reimbursement the amount of such payment or reimbursement, and the purpose, date, and location of the speaking engagement. Any public employee who does not file a statement or economic interests but who accepts honoraria, compensation, or reimbursement for speaking to a public or private group shall report this same information in writing to the chief administrative official or employee of the agency with which he or she is associated."

SECTION     3.     The 1976 Code is amended by adding:

"Section 8-13-1125.     Notwithstanding Sections 2-17-90(C) and 8-13-710, the reporting requirement of Section 8-13-1120(A)(9) does not apply to an event to which a member of the General Assembly is invited by a lobbyist's principal, regardless of whether or not the member attended the event, if the invitation:

(1)     was extended to the member of the General Assembly by virtue of his membership in an authorized group pursuant to Section 2-17-90(A)(1);

(2)     was in writing; and

(3)     was delivered to the chairman of an authorized group other than the entire membership of the House, Senate, or General Assembly prior to the actual event for which the invitation was extended, or if the invitation was extended to the entire membership of the House, Senate, or General Assembly, the invitation was delivered to the House or Senate Invitations Committee pursuant to House or Senate rules."

SECTION     4.     The 1976 Code is amended by adding:

"Section 8-13-1127.     The House and Senate Invitations Committees shall keep an updated list of invitations accepted by the body. The list must be available for public inspection during regular business hours."

SECTION     5.     The 1976 Code is amended by adding:

"Section 8-13-1374.         The failure to file a report or statement with the appropriate supervisory office, as required under the provisions of this chapter, is deemed to have occurred in Richland County."

SECTION     6.     Section 2-17-10 of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding an appropriately numbered item to read:

"( )     'Official capacity' means activities which:

(a)     arise because of the position held by the public official or public employee;

(b)     involve matters which fall within the official responsibility of the agency, the public official, or the public employee; and

(c)     are services the agency would normally provide and for which the public official or public employee would be subject to expense reimbursement by the agency with which the public official or public employee is associated."

SECTION     7.     Section 2-17-65(C) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(C)     If, after notification by the Secretary of State that a required statement has not been filed, the person fails to file the necessary notices and reports, the Secretary of State shall, upon a finding of probable cause, notify the Attorney General who shall proceed under the provisions of Section 2-17-70 shall file a complaint against the person in accordance with the provisions of Section 8-13-320(9) and (10)."

SECTION     8.     Section 2-17-90(C) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(C)     Except as otherwise provided by subsection (E), any public official or any public employee who is required to file a statement of economic interests under Section 8-13-1110 and who accepts lodging, transportation, entertainment, food, meals, or beverages under subsection (A) or (G) must report on his statement of economic interests pursuant to Section 8-13-1120 the value of anything received."

SECTION     9.     Section 2-17-90(F) of the 1976 Code, as last amended by Act 241 of 1991, is further amended to read:

"(F)     The provisions of this section do not apply to a public official or public employee who pays for his lodging, transportation, entertainment, meals, food, or beverages at a function to which he has been invited by a lobbyist's principal or pays the face value of a ticket to attend a ticketed event sponsored by a lobbyist's principal."

SECTION     10.     Section 2-17-90 of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding:

"(G)     Notwithstanding any other provisions of this section, a public official or public employee may accept lodging, transportation, entertainment, food, meals, beverages, or an invitation to a function paid for by a lobbyist's principal if it is provided to the public official or public employee solely on the basis that the spouse of the public official or public employee is an official or employee of the providing lobbyist's principal and the spouse is receiving the lodging, transportation, entertainment, food, meals, beverages, or invitation purely incidental to the spouse's office or employment with the lobbyist's principal and the public official or public employee is receiving it only as the spouse of an official or employee of the providing lobbyist's principal."

SECTION     11.     Section 2-17-100 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"Section 2-17-100.     A public official, public member, or a public employee acting in an official capacity may not receive anything of value from a lobbyist's principal for speaking before a public or private group. A public official, public member, or public employee is not prohibited by this section from accepting a meal provided in conjunction with a speaking engagement where all participants are entitled to the same meal and the meal is of nominal value and incidental to the speaking engagement. Notwithstanding the limitations of Section 2-17-90, a public official, public member, or public employee may receive payment or reimbursement for actual expenses incurred for a speaking engagement. The expenses must be reasonable and must be incurred in a reasonable time and manner in which to accomplish the purpose of the engagement. The payment or reimbursement must be disclosed by the lobbyist's principal as required by Section 2-17-35 and by any public official, public member, or public employee who is required to file a statement of economic interests under Section 8-13-1100. Any public official, public member, or public employee shall disclose on his statement of economic interests the organization which paid for or reimbursed actual expenses, the amount of such payment or reimbursement, and the purpose, date, and location of the speaking engagement. Any public official, public member, or public employee who does not file a statement of economic interests but who is paid or reimbursed actual expenses for a speaking engagement shall report this same information in writing to the chief administrative official or employee of the agency with which he or she is associated. If the expenses are incurred out of state, the public official incurring the expenses must receive prior written approval for the payment or reimbursement from:

(1)     the Governor, in the case of any public official of any state agency who is not listed in a subitem below;

(2)     any statewide constitutional officer, in the case of himself;

(3)     the President Pro Tempore of the Senate, in the case of a member of the Senate; or

(4)     the Speaker of the House, in the case of a member of the House of Representatives."

SECTION     12.     Section 8-13-100(5) and (12), of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(5)     'Candidate' means a person who seeks appointment, nomination for election, or election to a state or local office, or authorizes or knowingly permits the collection or disbursement of money for the promotion of his candidacy or election. It also means a person on whose behalf write-in votes are solicited if the person has knowledge of such solicitation. 'Candidate' does not include a person within the meaning of Section 431(b) of the Federal Election Campaign Act of 1976.

(12)     'Election' means:

(a)     a general, special, primary, or runoff election;

(b)     a convention or caucus of a political party held to nominate a candidate; or

(c)     the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State; or

(d)     an election at which a ballot measure or referendum appears on the ballot."

SECTION     13.     Section 8-13-100, of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding:

"(30)     'State board, commission, or council' means an agency created by legislation which has statewide jurisdiction and which exercises some of the sovereign power of the State."

SECTION     14.     Section 8-13-100 of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding an appropriately numbered item to read:

"( )     'Official capacity' means activities which:

(a)     arise because of the position held by the public official, public member, or public employee;

(b)     involve matters which fall within the official responsibility of the agency, the public official, the public member, or the public employee; and

(c)     are services the agency would normally provide and for which the public official, public member, or public employee would be subject to expense reimbursement by the agency with which the public official, public member, or public employee is associated."

SECTION     15.     The first seven lines of Section 8-13-320(9) of the 1976 Code, as last amended by Act 248 of 1991, are further amended to read:

"(9)     to initiate or receive complaints and make investigations, as provided in item (10), of statements filed or allegedly failed to be filed under the provisions of this chapter and Article 17, Chapter 2 and, upon complaint by an individual, of an alleged violation of this chapter by a public official, public member, or public employee except members of or candidates for the General Assembly unless otherwise provided for under House or Senate rules. Any person charged with a violation of this chapter is entitled to the administrative hearing process contained in this section."

SECTION     16.     Section 8-13-320(10)(f), of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(f)     The commission may order testimony to be taken in any investigation or hearing by deposition before a person who is designated by the commission and has the power to administer oaths and, in these instances, to compel testimony. The commission may administer oaths and affirmation for the testimony of witnesses and issue subpoenas by approval of the chairman, subject to judicial enforcement, and issue subpoenas for the procurement of witnesses and materials including books, papers, records, documents, or other tangible objects relevant to the agency's investigation by affirmative vote of a majority of the members of the commission approval of the chairman, subject to judicial enforcement. A person to whom a subpoena has been issued may move before a commission panel or the commission for an order quashing a subpoena issued under this section."

SECTION     17.     Section 8-13-715 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"Section 8-13-715.     A public official, or public member, or public employee acting in an official capacity may not receive anything of value for speaking before a public or private group. A public official or public member is not prohibited by this section from accepting a meal provided in conjunction with a speaking engagement where all participants are entitled to the same meal and the meal is of nominal value and incidental to the speaking engagement. Notwithstanding the limitations of Section 2-17-90, a public official or public member may receive payment or reimbursement for actual expenses incurred for a speaking engagement. The expenses must be reasonable and must be incurred in a reasonable time and manner in which to accomplish the purpose of the engagement. Any public official or public member shall disclose on his statement of economic interests the organization which paid for or reimbursed actual expenses, the amount of such payment or reimbursement, and the purpose, date, and location of the speaking engagement. If the expenses are incurred out of state, the public official or public member incurring the expenses must receive prior written approval for the payment or reimbursement from:

(1)     the Governor, in the case of a public official of a state agency who is not listed in an item in this section;

(2)     a statewide constitutional officer, in the case of himself;

(3)     the President Pro Tempore of the Senate, in the case of a member of the Senate;

(4)     the Speaker of the House, in the case of a member of the House of Representatives; or

(5)     the chief executive of the governmental entity in all other cases."

SECTION     18.     Section 8-13-740(A)(4) and (5) of the 1976 Code, as last amended by Act 248 of 1991, are further amended to read:

"(4)     A public official, public member, or public employee of a county, an individual with whom the public official, public member, or public employee is associated, or a business with which the public official, public member, or public employee is associated may not knowingly represent a person before any an agency, unit, or subunit of that county for which the public official, public member, or public employee has official responsibility except:

(a) as required by law; or

(b) before a court under the unified judicial system or the Administrative Law Judge Division.

(5)     A public official, public member, or public employee of a municipality, an individual with whom the public official, public member, or public employee is associated, or a business with which the public official, public member, or public employee is associated may not knowingly represent a person before any agency, unit, or subunit of that municipality for which the public official, public member, or public employee has official responsibility except as required by law."

SECTION     19.     Section 8-13-740(A)(6) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(6)     A public employee, other than those specified in items (4) and (5) of this subsection, receiving compensation other than reimbursement or per diem payments for his official duties, an individual with whom he is associated, or a business with which he is associated may not knowingly represent a person before an entity on the same level of government for which the public official, public member, or public employee has official responsibility except:

(a)     as required by law;

(b)     before a court under the unified judicial system; or

(c)     in a contested case, as defined in Section 1-23-310, excluding a contested case for a rate or price fixing matter before the South Carolina Public Service Commission or South Carolina Insurance Commission, or in an agency's consideration of the drafting and promulgation of regulations under Chapter 23 of Title 1 in a public hearing."

SECTION     20.     Section 8-13-745(D) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(D)     The provisions of this section do not apply to any court of the unified judicial system or to the Administrative Law Judge Division."

SECTION     21.     Section 8-13-775 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"Section 8-13-775.     A public official, public member, or public employee may not have an economic interest in a contract with the State or its political subdivisions if the public official, public member, or public employee is authorized to perform an official function relating to the contract. Official function means writing or preparing the contract specifications, acceptance of bids, award of the contract, or other action on the preparation or award of such the contract. This section is not intended to infringe on or prohibit public employment contracts with this State or a political subdivision of this State nor does it prohibit the award of contracts awarded through a process of public notice and competitive bids if the public official, public member, or public employee has not performed an official function regarding the contract."

SECTION     22.     Section 8-13-1110(B)(12) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(12)     a consultant."

SECTION     23.     Section 8-13-1120(A)(3)(b), (4), and the first five lines of (6)(a) of the 1976 Code, as last amended by Act 248 of 1991, are further amended to read:

"(b)     if the a sale, lease, or rental of personal or real property is to a state, county, or municipal instrumentality of government, a copy of the contract, lease, or rental agreement must be attached to the statement of economic interests; or

(4)     the sale, lease, or rental of personal property by the filer or a member of the filer's immediate family if the sale, lease, or rental of personal property is to a state, county, or municipal instrumentality of government. In the sales, leases, or rentals, a copy of the contract, lease, or rental agreement must be attached to the statement of economic interests;

(6)(a)     a listing by name and address of each creditor to whom the filer or member of the filer's immediate family owed a debt in excess of five hundred dollars at any time during the reporting period, if the creditor is subject to regulation by the filer or is seeking or has sought a business or financial arrangement with the filer's agency or department other than for a credit card or retail installment contract, and the original amount of the debt and amount outstanding unless:"

SECTION     24.     Section 8-13-1150 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"Section 8-13-1150.     A consultant must file a statement of economic interests for the previous calendar year with the appropriate supervisory office no later than twenty-one days after entering into a contractual relationship with the State or a political subdivision of the State and must file an update within ten days from the date the consultant knows or should have known that new economic interests in an entity have arisen in which the consultant or a member of the consultant's immediate family has economic interests:

(1)     where the entity's bid was evaluated by the consultant and who was subsequently awarded the contract by the State, county, municipality, or a political subdivision of any of these entities that contracted with the consultant; or

(2)     where the entity was awarded a contract by the consultant."

SECTION     25.     Section 8-13-1160(A) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(A)     The Senate Ethics Committee and the House of Representatives Ethics Committee must forward a copy of each statement filed with it to the State Ethics Commission within two five business days of receipt."

SECTION     26.     Section 8-13-1160(B) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(B)     Within two five business days of receipt, a copy of all statements of economic interests received by the State Ethics Commission must be forwarded to the clerk of court in the county of residence of the filing official or employee."

SECTION     27.     Section 8-13-1300(4) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(4)     'Candidate' means a person who seeks appointment, nomination for election, or election to a statewide or local office, or authorizes or knowingly permits the collection or disbursement of money for the promotion of his candidacy or election. It also means a person on whose behalf write-in votes are solicited if the person has knowledge of such solicitation. 'Candidate' does not include a candidate within the meaning of Section 431(b) of the Federal Election Campaign Act of 1976."

SECTION     28.     Section 8-13-1300(9) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(9)     'Election' means:

(a)     a general, special, primary, or runoff election;

(b)     a convention or caucus of a political party held to nominate a candidate; or

(c)     the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State. ; or

(d)     an election at which a ballot measure or referendum appears on the ballot."

SECTION     29.     Section 8-13-1308 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"Section 8-13-1308.     (A)     Upon the receipt or expenditure of campaign contributions totaling, in an accumulated aggregate, five hundred dollars or more, a candidate or committee required to file a statement of organization pursuant to Section 8-13-1304 must file an initial certified campaign report within ten days of these initial receipts or expenditures. However, a candidate or a committee that does not receive or expend campaign contributions totaling, in an accumulated aggregate, five hundred dollars or more must file an initial certified campaign report fifteen days before an election as provided in subsection (D).

(B)     Following the filing of an initial certified campaign report, additional certified campaign reports must be filed within ten days following the end of each calendar quarter in which contributions are received or expenditures are made, whether before or after an election until the campaign account undergoes final disbursement pursuant to the provisions of Section 8-13-1370.

(C)     Campaign reports filed by a candidate must be certified by the candidate. Campaign reports filed by a committee must be certified by a duly authorized officer of the committee.

(D)(1)     At least fifteen days before an election, a certified campaign report must be filed showing contributions of more than one hundred dollars and expenditures to or by the candidate or committee for the period ending twenty days before the election. The candidate or committee must maintain a current list during the twenty-day period before the election commencing at the beginning of the calendar quarter of the election of all contributions of more than one hundred dollars. The list must be open to public inspection upon request.

(2)     A committee immediately shall file a campaign report listing expenditures if it makes an independent expenditure or an incurred expenditure within twenty days the calendar quarter in which the election is conducted or twenty days before the election, whichever is greater, before the election in excess of:

(a)     ten thousand dollars in the case of a candidate for statewide office; or

(b)     two thousand dollars in the case of a candidate for any other office.

(3)     In the event of a runoff election, candidates or committees are not required to file another campaign report in addition to the reports already required under this section. However, records must remain open to public inspection upon request between the election and the runoff.

(E)     Notwithstanding the provisions of subsection (B), if a pre-election campaign report provided for in subsection (D) is required to be filed in the following calendar quarter, a candidate or committee must combine the quarterly report provided for in subsection (B) and the pre-election report and file the combined report subject to the provision of subsection (D) no later than fifteen days before the election.

(E)(F)     Certified campaign reports detailing campaign contributions and expenditures must contain:

(1)     the total of contributions accepted by the candidate or committee;

(2)     the name and address of each person making a contribution of more than one hundred dollars and the date of receipt of each contribution;

(3)     the total expenditures made by or on behalf of the candidate or committee;

(4)     the name and address of each person to whom an expenditure is made from campaign funds, including the date, amount, purpose, and beneficiary of the expenditure."

SECTION     30.     Section 8-13-1310(B) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(B)     The Senate Ethics Committee and the House of Representatives Ethics Committee must forward a copy of each statement filed with it to the State Ethics Commission within two five business days of receipt."

SECTION     31.     Section 8-13-1310(C) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(C)     Within two five days of receipt, a copy of all campaign reports received by the State Ethics Commission must be forwarded to the State Election Commission and the clerk of court in the county of residence of the person required to file."

SECTION     32.     Section 8-13-1346 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"Section 8-13-1346.     A person may not use or authorize the use of public funds, property, or time to influence the outcome of an election. This section does not prohibit the incidental use of time and materials for preparation of a newsletter reporting activities of the body of which a public official is a member. This section does not prohibit the expenditure of public resources by a public agency to prepare informational materials, conduct public meetings, or respond to news media or citizens' inquiries concerning a ballot measure affecting that public agency."

SECTION     33.     Section 8-13-1354 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"Section 8-13-1354.     A candidate, committee, or other person who which makes an independent expenditure in the distribution, posting, or broadcasting of a communication to voters supporting or opposing a public official, a candidate, or a ballot measure must place his name and address on the printed matter or have his name spoken clearly on a broadcast so as to identify accurately the person and his address. Campaign buttons, balloons, yard signs, or similar items are exempt from this requirement."

SECTION     34.     Section 8-13-1356(C) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(C)     The official with whom the candidate files a declaration of candidacy or petition for nomination must, no later than five business days after candidacy books close receiving a candidate's statement of economic interests under subsection (B), must file a copy of the statement with the appropriate supervisory office."

SECTION     35.     Section 2-17-70 of the 1976 Code is repealed.

SECTION     36.     This act takes effect upon approval by the Governor, except any changes in reporting requirements for statements of economic interests pursuant to the provisions of this act shall apply only to transactions occurring on or after July 1, 1994./

Amend title to conform.

Rep. WILKINS explained the amendment.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

S. 925--POINT OF ORDER

The following Bill was taken up.

S. 925 -- Senators Holland, Passailaigue, Ryberg, Courtney, Giese, Hayes, Lander and Martin: A BILL TO AMEND SECTION 1-30-10, AS LAST AMENDED BY ACT 181 OF 1993, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INTERIM DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THE GOVERNOR MAY APPOINT THE INTERIM DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY AS THE PERMANENT DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

H. 4401--RECALLED AND REFERRED TO
THE COMMITTEE ON JUDICIARY

On motion of Rep. T.C. ALEXANDER, with unanimous consent, the following Bill was recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Judiciary.

H. 4401 -- Reps. Hodges, Jennings, Allison, Wilkes, Rudnick, Delleney and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4, CHAPTER 7, TITLE 44 SO AS TO ENACT THE HEALTH CARE COOPERATION ACT OF 1994, WHICH PROVIDES FOR HEALTH CARE COOPERATIVE AGREEMENTS AND FOR THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CERTIFY, REGULATE, AND MONITOR THESE AGREEMENTS.

S. 703--SENATE AMENDMENTS AMENDED
AND RETURNED TO THE SENATE

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

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.

Rep. SNOW proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\7556BDW.94), which was adopted.

Amend the bill, as and if amended, by deleting SECTION 1, page 1, beginning on line 22, SECTION 2, beginning on page 1 and line 37, and SECTION 3, page 2, beginning on line 4.

Amend further by striking SECTION 4, beginning on page 2 and line 19, and inserting:

/SECTION     1.     Section 50-11-310 of the 1976 Code, as last amended by Section 1262, Act 181 of 1993, is further amended to read:

"Section 50-11-310.     Until July 1, 1993, the open season for taking antlered deer is:

(1)     As set by the department between the dates of October first and January first in Game Zones 1, 2, and 4. The department may designate the sex of the deer that may be taken and may promulgate regulations for the proper control of the deer harvest in these games zones.

(2)     In Game Zone 5, antlered deer may be taken from September fifteenth through January first.

(3)     In Game Zone 7, by bow and arrow from September first through January first and with firearms from September fifteenth through January first.

(4)     In Game Zone 8, from September fifteenth through January first.

(5)     In Game Zone 9, antlered deer from August fifteenth to August thirty-first with bow and arrow only; antlered deer from September first through January first with firearms and antlerless deer from December fifteenth through January first with bow and arrow only.

(6)     In Game Zone 10, from September first through January first with bow and arrow only. Antlered deer may be taken with firearms from September fifteenth through January first.

(7)     Except as provided above, the season for taking antlered deer is from August fifteenth through January first.

(8)     It is unlawful to pursue deer with dogs except during the prescribed season for hunting deer.

From and after July 1, 1993, (A)     The open season for taking antlered deer is:

(1)     As set by the department between the dates of October first and January first in Game Zones 1, 2, and 4: as set by the department between October first and January first. The department may designate the sex of the deer that may be taken and may promulgate regulations for the proper control of the deer harvest in these games zones.;

(2)     In Game Zone 5, antlered deer may be taken from: September fifteenth through January first.;

(3)     In Game Zone 7,: by bow and arrow from September first through January first and with firearms from September fifteenth through January first.;

(4)     In Game Zone 8, from September first through January first.

(5)(4)     In Game Zone Zones 8 and 9, antlered deer from: August fifteenth to August thirty-first with bow and arrow only; antlered deer from and September first through January first with firearms and. Antlerless deer from may be taken December fifteenth through January first with bow and arrow only.;

(6)(5)     In Game Zone 10, from: September first through January first with bow and arrow only. Antlered deer may be taken and with firearms from September fifteenth through January first.

(7)(B)     Except as provided above in subsection (A), the season for taking antlered deer is from August fifteenth through January first.

(8)(C)     It is unlawful to pursue deer with dogs except during the prescribed season for hunting deer."/

Amend further by striking SECTION 5, page 3, beginning on line 15, and inserting:

/SECTION     2.     This act takes effect July 1, 1994./

Amend title to conform.

Rep. SNOW explained the amendment.

The amendment was then adopted.

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

H. 3569--SENT TO THE SENATE

The following Bill was taken up.

H. 3569 -- Reps. Graham, Klauber, Trotter, Simrill, Cato, Marchbanks, A. Young, Quinn, Haskins, Harrison, Cooper, P. Harris, Wofford, Gamble, Townsend, H. Brown, Littlejohn, Kelley, Robinson, Wright, Meacham, Wilkins, Vaughn, Farr, Allison, Fair, Lanford, Stuart, Baker, Davenport, Stone, Corning, J. Wilder, Hutson and Walker: A BILL TO PROVIDE FOR THE DISQUALIFICATION OF HOMOSEXUAL AND BISEXUAL PERSONS FROM SERVICE IN THE SOUTH CAROLINA NATIONAL GUARD AND THE SOUTH CAROLINA STATE GUARD, PROVIDE FOR THE SEPARATION FROM SERVICE OF SUCH PERSONS, AND PROVIDE FOR RELATED MATTERS.

The question then recurred to the passage of the Bill on third reading.

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

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

S. 1008--TABLED

The following Concurrent Resolution was taken up.

S. 1008 -- Senators Giese, Passailaigue and Glover: A CONCURRENT RESOLUTION TO HONOR AND CONGRATULATE THE CAROLINA HOME INJURY PREVENTION FOR SENIORS PROJECT FOR ITS CONTRIBUTIONS TO THE HEALTH AND SAFETY OF OUR ELDERLY CITIZENS AND TO HONOR AND THANK THE MANY VOLUNTEERS WHO HAVE GIVEN SO GENEROUSLY OF THEIR TIME AND MANPOWER TO THIS PROJECT.

Rep. P. HARRIS moved to table the Concurrent Resolution, which was agreed to.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. HODGES.

H. 3691--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

H. 3691 -- Reps. Harrison, Sharpe, Quinn, Kinon, H. Brown, Corning, Sheheen, Wilkins, Stuart, Walker, A. Young, R. Smith, Shissias, Riser, Law, Wright, Jaskwhich, Keegan, Gamble and Wofford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO PROVIDE THAT THE PETIT JURY OF THE CIRCUIT COURT RATHER THAN TWELVE MEMBERS SHALL CONSIST OF THAT NUMBER OF JURORS PROVIDED BY LAW AND THAT THE NUMBER OF JURORS OF OTHER COURTS OF THIS STATE MUST ALSO BE AS PROVIDED BY LAW.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15498SD.93), which was adopted.

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

/SECTION 1.     It is proposed that Section 22, Article V of the Constitution of this State be amended to read:

"Section 22.     The petit jury of the Circuit Court of General Sessions shall consist of twelve members and the number of jurors in the Court of Common Pleas and of other courts shall consist of not fewer than six and not more than twelve members as seated by the court and all jurors in the civil courts shall participate in the verdict unless excused from service by the court. Unless the parties otherwise stipulate in civil actions, (1) the verdict shall be unanimous and (2) no verdict shall be taken from a jury reduced in size to fewer than six members must be determined by law. All jurors in any trial criminal court must agree to a verdict in order to render the same. The grand jury of each county, and the state grand jury, as the General Assembly may establish by general law, shall consist of eighteen members, twelve of whom must agree in a matter before it can be submitted to the Court. Each juror must be a resident of this State and have such other qualifications as the General Assembly may prescribe.

Nothing herein shall prevent the General Assembly by law from providing that juries in magistrate's courts and in municipal courts exercising the same jurisdiction shall consist of six members."

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

"Must Section 22, Article V of the Constitution of this State relating to grand and petit juries be amended so as to provide that the juries of all courts of this State, except for the court of general sessions and magistrate's and municipal courts, shall consist of not fewer than six nor more than twelve members as seated by the court and that in the civil courts all jurors shall participate in the verdict unless excused by the court and that the verdict in civil actions shall be unanimous and no verdict shall be taken from a jury reduced in size to fewer than six members unless the parties otherwise stipulate?

Yes _
No _

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

Renumber sections to conform.

Amend title to conform.

Rep. HARRISON explained the amendment.

The amendment was then adopted.

The question then recurred to the passage of the Joint Resolution on second reading.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 110; Nays 0

Those who voted in the affirmative are:

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

Total--110

Those who voted in the negative are:

Total--0

So, the Joint Resolution, as amended, was read the second time and ordered to third reading.

H. 3180--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

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

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7145BD.93), which was adopted.

Amend the bill, as and if amended, by striking Section 61-10-20, SECTION 1, page 1, beginning on line 41, and inserting:

/Section 61-10-20.     The commission may issue a brewpub permit to a person to operate a brewpub in this State subject to the requirements of this chapter and payment of a biennial brewpub permit fee of two thousand dollars./

Amend further by striking Section 61-10-70, SECTION 1, page 2, beginning on line 39, and inserting:

/Section 61-10-70.     The commission shall promulgate regulations for the appropriate enforcement of this chapter./

Amend also by striking all references to "Alcohol Beverage Control Commission" and substituting therefore "Department of Revenue and Taxation"

Amend title to conform.

Rep. CORNING explained the amendment.

The amendment was then adopted.

The question then recurred to the passage of the Bill on second reading.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 57; Nays 40

Those who voted in the affirmative are:

Bailey, G.             Bailey, J.             Barber
Baxley                 Beatty                 Breeland
Brown, G.              Byrd                   Carnell
Cobb-Hunter            Corning                Cromer
Elliott                Felder                 Fulmer
Gonzales               Govan                  Hallman
Harrelson              Harris, P.             Harvin
Hodges                 Holt                   Houck
Hutson                 Jaskwhich              Jennings
Keegan                 Kelley                 Kennedy
Keyserling             Kinon                  Klauber
Lanford                Law                    McKay
McTeer                 Neal                   Quinn
Richardson             Riser                  Scott
Sheheen                Shissias               Smith, D.
Snow                   Spearman               Sturkie
Thomas                 Tucker                 Waites
Waldrop                Wilder, D.             Wilkes
Wofford                Worley                 Wright

Total--57

Those who voted in the negative are:

Alexander, T.C.        Allison                Anderson
Baker                  Cato                   Cooper
Davenport              Delleney               Fair
Farr                   Gamble                 Harris, J.
Haskins                Huff                   Inabinett
Kirsh                  Koon                   Littlejohn
Marchbanks             Mattos                 McAbee
McCraw                 McMahand               Meacham
Moody-Lawrence         Phillips               Rhoad
Rudnick                Simrill                Smith, R.
Stille                 Stoddard               Stone
Stuart                 Townsend               Trotter
Vaughn                 Walker                 Wells
Wilder, J.

Total--40

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

Rep. HODGES moved that the House recede until 6:45 P.M.

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

Yeas 73; Nays 42

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Anderson
Askins                 Bailey, G.             Bailey, J.
Barber                 Baxley                 Beatty
Boan                   Breeland               Brown, G.
Byrd                   Carnell                Cobb-Hunter
Davenport              Delleney               Farr
Felder                 Fulmer                 Gamble
Graham                 Hallman                Harrelson
Harris, J.             Harris, P.             Harvin
Harwell                Hines                  Hodges
Holt                   Houck                  Inabinett
Jennings               Kennedy                Keyserling
Kinon                  Kirsh                  Marchbanks
Mattos                 McAbee                 McCraw
McElveen               McKay                  McMahand
McTeer                 Moody-Lawrence         Neal
Phillips               Rhoad                  Rogers
Rudnick                Scott                  Sharpe
Sheheen                Smith, R.              Snow
Spearman               Stille                 Stoddard
Stuart                 Townsend               Tucker
Waites                 Waldrop                Whipper
White                  Wilder, D.             Wilder, J.
Wilkes                 Witherspoon            Worley
Young, R.

Total--73

Those who voted in the negative are:

Allison                Baker                  Brown, H.
Cato                   Chamblee               Clyborne
Cooper                 Corning                Cromer
Fair                   Gonzales               Harrell
Haskins                Huff                   Hutson
Jaskwhich              Keegan                 Kelley
Klauber                Koon                   Lanford
Law                    Littlejohn             Meacham
Neilson                Quinn                  Richardson
Riser                  Robinson               Simrill
Smith, D.              Stone                  Sturkie
Thomas                 Trotter                Vaughn
Walker                 Wells                  Wilkins
Wofford                Wright                 Young, A.

Total--42

So, the motion to recede until 6:45 P.M. was agreed to.

THE HOUSE RESUMES

At 6:45 P.M. the House resumed, the SPEAKER in the Chair.

HOUSE STANDS AT EASE

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

JOINT ASSEMBLY

At 7:00 P.M. the Senate appeared in the Hall of the House.

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

H. 4415 -- Rep. Sheheen: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, CARROLL A. CAMPBELL, JR., GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 19, 1994.

Governor Carroll A. Campbell and distinguished party were escorted to the rostrum by Senators Glover, Leventis, Wilson and Waldrep and Representatives ALLISON, A. YOUNG, WAITES and COBB-HUNTER.

The President of the Senate introduced Governor Campbell who then addressed the Joint Assembly as follows:

ADDRESS BY GOVERNOR CARROLL A. CAMPBELL

"Thank you, Mr. President, Mr. Speaker, Ladies and Gentlemen of the 110th General Assembly, Constitutional Officers, Cabinet appointees, my fellow South Carolinians... First, let me say that I could not be here and the Governor of this State without the support of my wife, Iris, and our family and I would like for you to know that they are here with us tonight and I would ask them to stand please. After putting up for me for 33 years, she deserves an applause. Tonight for the eighth time I report on the State of our State. To make this assessment, let's consider recent history, take stock of today, and look ahead to the promise of the future. To prepare our State for tomorrow, we focused on the families of South Carolina. And, like many of those families, we have had our disagreements. But we've set them aside and gotten the job done, especially on pocketbook issues. Together, we cut the personal income tax and indexed the brackets to inflation. We cut the corporate tax from six to five percent, stimulating an era of unprecedented growth. We cut the capital gains tax and increased the retirement exclusion. We cut license tag fees by $5. Even with a modest gas tax increase to fund economic development and strategic road building, we have cut general taxes more than $240 million. And if you want to include fee increases that most people don't pay, such as nuclear waste disposal, bingo and coin-operated machines, we still have a net tax reduction of $138 million! We allowed companies making large investments to negotiate a flat fee for property taxes, saving them nearly $23 million. In return, we got more than $2 billion in capital investments. We passed a good law and it works. Have we lost money with these cuts? No. Our corporate revenues are up by 40 percent for the first half of this fiscal year. And tonight, I am proud to announce the latest figures from our Commerce Department which show new capital investments in 1993 of $2.5 billion. Last year, investment was generated in every county of our State, creating quality jobs that will pay $5,000 more than the state average for all industries. Ladies and gentlemen, we have forged the best economic package in the nation. In the last seven years new and existing companies have invested a record $19.5 billion in South Carolina. The effects of tax cuts, job-tax credits, industrial enterprise zones and other initiatives are dramatic: our seven year total is greater than the total capital investment in South Carolina for the previous 15 years. Our pro-growth approach helped us to weather downturns in the national and global economies, come through Hugo and pay off a $31 million debt, reach an agreement with federal retirees, and I want to thank Speaker Sheheen for the fine job he did representing us in this negotiation. Not only that, we put $167 million back into the rainy day reserve funds that had been drained just a year ago, come to terms with the Catawba Indians and open new vistas for economic development south of Charlotte, maintain two triple-A credit ratings -- we've never had more than two -- and our goal should be to have three, without raising taxes, end the last fiscal year with a $100 million surplus and our general fund revenue collections through December are growing at a rate of 10.3 percent and, best of all, even in the face of tremendous cutbacks at the Savannah River site and base closures at Myrtle Beach and Charleston, we have 230,000 more South Carolinians working today than in 1987. That's nearly a quarter million more individuals working at higher wages and, most important, supporting their families. Most families go through the day without thinking much about government. But those of us in government shouldn't go a day without thinking about families. Families are the foundation of our society and they need support today more than ever. Many are in trouble. And the children suffer most. We see it in children prepped for street life instead of school life. Police and judges talk of a new type of juvenile: hardened, heartless and cruel beyond their years. In his book, High Risk, psychologist Ken Majid says 'children who do not form a deep emotional attachment to a parent in the early years fail to develop a sense of right and wrong.' It is a mistake to consider drug abuse, teenage pregnancies, dropouts and juvenile crime as diseases. They are symptoms of a disease having spiritual and moral dimensions. The disease is the destruction of the family. Too often government itself undermines families and drains their resources. So tonight I ask that we refocus this government: we should bolster family finances, help educate children, improve public safety, and support those in need just enough so they won't always need that support. Pocketbook pressure is a major stress on families, and government doesn't help matters with big programs and bureaucracies. I've already told you how tax relief can stimulate growth. Let's use some tax relief to strengthen families. Over the years, we've indexed retirement and other programs to inflation. If state and federal government had done the same 20 years ago to the deduction parents take for their children, that tax break would be close to $7,000 today. Instead, it's still $2,350 while the cost of raising young children has skyrocketed. I am asking you to double the tax exemption to $4,700 for children under six. When fully phased in over four years, this would mean a $329 tax cut for families with two children. That's a rent payment, several weeks groceries, or a month or more of daycare. I'd like to do more, but this is a start. And let's send a message to Congress and the Administration to do the same for the families of America. It is time we quit taking the money into government and starting programs and leave the money with family so they can stay together. That has to be our goal. Families can spend their money better than government can. Therefore, we should reject any attempt to raise taxes on our hardworking citizens. South Carolina's corporations have shown us how to create more jobs by reinvesting the money we let them keep through lower taxes. And we shouldn't raise taxes on our job creators, either. When a South Carolina family spends the money it saves in taxes, when a South Carolina corporation expands or a small business opens its doors, we reap the benefits of a growing economy. I say we should use that growth. Representative Boan has made a proposal to eliminate residential property taxes for education. It must be paid for, but without raising other taxes. Together, we phased in other tax cuts, including personal income and capital gains. So, let's phase in property tax relief. First, freeze homeowners' property taxes for education at present levels. Then we can reduce this tax by 25 percent each year, using revenue growth to make up the difference, until residential property owners no longer bear an unfair share of education costs. We must not forget that every dollar we spend in government comes from the hardworking taxpayers of this State. That's why we passed what I consider the most significant legislation of South Carolina's modern history, the government restructuring act. In just six months, we are seeing benefits. Agencies which had rarely worked together are cooperating in areas ranging from juvenile justice to public safety. We're consolidating the process of business permitting without compromising our environmental standards. We put nearly 200 more troopers on our highways during the 78-hour New Year's holiday. Drunk driving arrests were down and not one person died on South Carolina's roads. I've sent a list of 10 names to the Senate for consideration as the first confirmed Governor's cabinet in South Carolina history. I have faith in their ability and respect for their dedication. I urge swift confirmation of these agency heads. And I would like for you to have a look at them tonight. They are seated in the balcony and I would like for them to stand. And for all state employees who are working hard for our citizens, I ask you to grant an average 3.6 percent pay raise.You took a major reform step two years ago in passing one of the strongest ethics bills in the country, but we can do more to increase accountability. You have before you a bill to limit the terms of elected officials. Send me a reasonable bill that is not retroactive and I will sign it. I urge you to look for other areas where reorganization will spawn greater efficiency. And I suggest that you look to higher education. I have been involved in South Carolina government for 24 years. I've watched lobbyists from individual schools fighting each other and with the Commission on Higher Education for program dollars and operating capital. Then the universities end up spending millions on remedial courses which our nationally-recognized technical colleges already provide at a lower cost. I suggest that you restructure the governance of higher education and involve the colleges and universities. They must have a seat at the table. We must insist on communication among all components of higher education, including our technical colleges. That will end duplication. And we can save the $5.5 million our universities have been spending to comply with another level of bureaucracy. Of course, we have much to be proud of at every level of our education system. In 1988 we passed the Cutting Edge legislation to address higher education admission standards, increase research dollars, and measure program effectiveness. This year I am proposing a three million dollar expansion for Cutting Edge. South Carolina ranks eighth in the nation in advance placement exams administered to 11th and 12th graders for college credit. Black enrollment in our universities hit an all-time high in 1992. Our Governor's School for Math and Science is ranked among the top 15 high schools in America after just five years of operation. We have had more winners in the Texaco Star National Academic Championships than any other state, and in 1992 had four of the top five teams. Our young people can compete with anyone in the nation! Our work force development programs have won national recognition and serve as models for programs in other states. We will soon provide high-quality teacher training at 13 centers throughout the State under a plan developed by my Math and Science Advisory Board. I've included $1.8 million in my budget to match a $10 million grant for this from the National Science Foundation. This must be funded.We passed Target 2000 legislation, and enhanced it last year with the Early Childhood and Academic Assistance Act, reallocating almost $100 million to the front end of the learning process.We are putting greater emphasis on student achievement. And we are retooling our curriculum through Tech Prep to prepare our young people, whether they're interested in a high tech job or higher education. This year I propose a pay raise of 3.6 percent for our teachers, which will help us meet the projected southeastern average for fiscal year 94-95. I join Education Superintendent Nielsen in her call for an administrative spending cap in every school district. And we need to review the justification for having 91 school districts, when a minimum student population per district would help us direct education resources more toward the students. We can't throw money into bureaucracy when we face a crisis in transporting our children to school. By 1995, 77 percent of our fleet statewide will have traveled more than 100,000 miles or will have been in service more than ten years. So I have asked you to budget $26 million for 500 new buses. Our Education Department needs books and instructional materials in 16 subject areas. I am asking for $11 million to address this need. South Carolina is one of three lead states in implementing the readiness portion of the National Education Goals I co-authored. The best way to get our children ready for life and ready to learn is to get parents back into the process as the child's first teacher. Teach your children right from wrong today and chances are they won't be seen in a detention hall, much less a detention center. If we are going to keep putting nearly half of our budget into education, we need to make sure our children and our teachers have a safe learning environment. In 1990 I signed the Safe Schools Act, targeting drug dealers and increasing penalties for bringing weapons to school. We need to do more. I call on you to join me in putting every student on notice: when you show up for school, it's to learn. The only thing you'd better be packing is a book bag. Tonight, I ask you to require an immediate 60 days in our new juvenile boot camp program for any student carrying a weapon onto school grounds. It is illegal for a South Carolinian under 21 to buy a handgun. It is illegal for anyone without a permit to carry a concealed handgun. A teenager who threatens someone with a gun has broken laws for having it, concealing it and using it in a crime. Tonight I call on our judicial system to enforce all three laws to their fullest extent. While my budget includes $5 million to improve the Department of Juvenile Justice, I also ask you to ensure that status offenders are no longer locked up with violent juveniles, where they learn all of the tricks of the crime trade.The law prevents first time status offenders from entering the general population, but it doesn't stop a judge from placing probation violators with violent offenders. So I ask you to expand the Wil Lou Gray Opportunity School in Lexington County and the John de la Howe School in McCormick County to provide an alternative for non-violent offenders. The cost can be covered in part by having the money follow the student from their home school district for the duration of the stay. The balance will come from savings incurred by keeping the child out of our juvenile justice system. There's a good chance the child we keep on the outside of juvenile justice facilities will become an adult who won't see the inside of our prison facilities. As Representative Rogers has noted, similar logic should be applied to non-violent offenders in our adult prison system.My budget calls for $2 million to put 600 non-violent offenders in Community Control Centers and $1 million to expand electronic monitoring. Also, I have included money to open prisons at Turbeville and Trenton, and to re-open additions to the Dutchman and Coastal prisons. This will serve notice that we will not put violent criminals on the street because some judge says inmates are suffering from overcrowding. The essential duty of government is ensuring public safety. We can't protect people if career criminals are running through a revolving door at the court house. We need truth in sentencing!Our message should be clear: if a South Carolina judge gives you six years in 1994, say good-bye until the next century! And career criminals can say good-bye for life! Government can and must fight crime, but the family continues to be our best hope for rebuilding the character of our State and our nation. While we have a $100,000 Kellogg Foundation grant to help reform our adoption and foster care systems, our efforts must emphasize the influence of loving parents. We are joined this evening by a man whose mission in life is to help the child who knows no parents. As an orphan who has risen to great success, he's the nation's leading proponent of adoption. Please join me in welcoming the founder of Wendy's, Dave Thomas. His leadership on this issue and his friendship to me and all South Carolinians led to this proposal. I ask you to help build families in our State through a new adoption incentive. My plan will help pay direct costs of up to $5,000 for state employees who adopt, or up to $10,000 for those adopting a child with special needs. In addition to benefits we already provide, this incentive gives substantial aid for state employees who have long wanted to adopt. And I urge South Carolina businesses to encourage adoption by extending similar financial support to their employees. Every child deserves a family and a chance to develop to his or her greatest potential in a loving atmosphere. Few children who are fortunate enough to be invited into a loving home return to the social services system as adults, except to give a helping hand to another child. Dave Thomas is an example of that. He was an orphan. He made it, but he didn't forget where he came from and he is trying to help others. We can do no less. In spite of our best efforts to keep families together, federal regulations break them apart. Consider the irony. The program called 'Aid to Families with Dependent Children' denies benefits if that family has a mother and a father living under the same roof.I have directed the state Department of Social Services to ask for a waiver allowing both parents to live in the household. I am saying to federal bureaucrats that we believe in keeping families together. People need help from time to time and government has a role. But welfare is no longer a pathway to personal responsibility because we make it more attractive than going to work. But too often welfare recipients are penalized for trying to improve their lives. For example, transportation gets people to schools and jobs that will help them one day move off the welfare rolls and onto a payroll. But we don't allow those on public assistance to own dependable transportation.We should never lose sight of the fact that the best welfare program is a job! The House Welfare Reform Task Force has made many good recommendations to help those who need help and to target those who abuse the system. I wonder, though, how many billions of dollars we've spent in America helping those who might have been self-sufficient if one parent hadn't abandoned the family. Or, how many families might not have been on welfare if the exemption for children under six had been allowed to grow. My budget includes money to create a computer link between DSS and every family court in the State. When a judge orders child support to be paid, DSS will know immediately .97 percent of all adult recipients of Aid to Families with Dependent Children are female. I believe we can help these women get the help they need. Ten years ago, I was a sponsor of the first federal law requiring parents to support their children. I propose tonight that we require every woman going to the hospital delivery room to name the father, or the likely father of that child. It is time she quit bearing the burden by herself and the father pay a price. A young man at age 15 or 16 may not be able to support a child today. But, someday, when he's 23 or 24 years old and has a job, that child will be nearly ten and will need his help. That young man should be made to pay support. Too many children are having children. One of the most important messages parents can convey is that abstinence is the only sure way to prevent unwanted pregnancy and disease. And every woman on welfare should be on some type of birth control. They should have that opportunity. They want it and we have not been able to offer it. But, we got a waiver to allow us to do it for two years now. We should help. Government isn't supposed to raise children. But we can provide support through school nurse screenings and immunization programs. And next week, I will announce a new initiative to make sure our youngest South Carolinians have the healthiest start in life. As the national debate on health care continues, we recognize some problems with delivery of care and with cost and coverage. But we still have the best medical care in the world and I caution Congress and the Administration not to operate on the healthy parts of the system. One of our most valuable health care tools is education. We can control costs by educating people. The emergency room can do no more than a family doctor to relieve a sore throat or a cold. But emergency room charges for minor problems are busting our budgets through cost shifting. That's how the price of an aspirin on a hospital bill rises to $20! Every family should have a primary health care provider, whether it is a doctor at an urban clinic or a nurse practitioner in a rural area. One of the best places to begin getting costs under control is Medicaid. When I took office, the state's Medicaid costs were $120 million. Today, partly because of federal mandates, costs have risen to $341 million. I am asking the federal government for a Medicaid waiver to create a managed care system, so recipients will have a place to go other than the emergency room for routine care. As part of the waiver, I want to stop spending $24 million a year to determine Medicaid eligibility. South Carolinians at or below the poverty level should be eligible for coverage. Once we begin to realize savings through managed care and a change in disproportionate share distribution, we will start bringing the working poor into the system. To reduce pressure on employers' health care costs, I urge you to allow small businesses to form insurance-purchasing groups. We also need a defined minimum policy, medical malpractice reform, and coverage that can be transferred from job to job.Health care, jobs, taxes, education -- all of these are issues today's families care about as they plan for the future.Over the course of seven years, you and I have done our best to follow the guideposts our forefathers left for us. They had no guarantees of success, only opportunities. Today, we can be proud that we ventured toward opportunity even as we struggled through and overcame crisis.And sometimes when our family disagreed, we benefitted anyway. For example, I said no-fault, and some of you said no way. But there have been some reductions because we forced examination of the automobile insurance system.Good drivers are paying less than half the bad driver subsidy they paid in 1987, and the subsidy will drop more with the new bidding process on the Reinsurance Facility. The Insurance Commission tells me 60 percent of the state's drivers are getting a rate cut this year. And Henry Brown's choice-no fault bill is on the calendar for debate. Don't say no way this year! It's been said that wisdom of ten consists of knowing what to do next. We were wise in the last seven years to set aside more than 160,000 acres of forests and wetlands as protected preserves, a living legacy for our children. We were wise to keep Barnwell open a little longer because North Carolina is now on schedule for a new facility and we're getting out of the low-level waste disposal business. As a State and as a people, we have won great victories and we have been wise to prepare ourselves to win more. At my Inauguration in 1987, I shared with you my vision of South Carolina: a place where people have the opportunity to live and work and raise their families in an environment that is clean and safe; where every child can grow up with the opportunity to get a good education and a decent job. A South Carolina where citizens have access to good health care; where our elderly can retire in dignity and walk the streets unafraid. These are the ideals that link generations past and future. These are the objectives that gave us the unity of purpose to reach so many goals together in the last few years. With our faith in God and the families that give South Carolina its character, we have the power to shape the future through our work. With the challenge of having our children rely on us and the enrichment their trust brings, we find the courage to instill in them the power to shape their own lives. Our hope is for the children, that we have prepared them well as they embark on a new millennium. Ladies and gentlemen, I have had the privilege of being your Governor and working with you for these years. As I enter my last year, I can tell you that I have great pride in the Legislative Body, House and Senate. I have great pride in the State of South Carolina. I love this state. I appreciate the honor that you have bestowed upon me to be the Governor. But, I could not have done anything in this State without you. I want to thank you for that tonight. Thank you and God bless you."

Upon the conclusion of his address, Governor Campbell and his escort party retired from the Chamber.

JOINT ASSEMBLY RECEDES

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

The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 7:45 P.M. the House resumed, the SPEAKER in the Chair.

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

ADJOURNMENT

At 7:46 P.M. the House in accordance with the motion of Rep. HARRELL adjourned in memory of Mrs. Suzanne Berry, to meet at 10:00 A.M. tomorrow.

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This web page was last updated on Monday, June 29, 2009 at 3:33 P.M.