Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear St. Paul's solemn words to the Romans, Chapter 14 (v.12):

"So then every one of us

Shall give account of himself to God."
Let us pray.

Heavenly Father, time is slipping by.
Help us to tie up the loose ends of our business. It will not be long before we turn in the record of our stewardship in these chambers of solemn responsibility to our people... and to You.

Perhaps we have not achieved all we sincerely hoped to accomplish; but thanks be to You, O Lord, for the measure of success we may have earned.

If we have fallen short at any point, forgive us; but remember, O Lord, our effort, our striving, and our straining within the limitations and restraints of our democratic processes.

Help us not to lose heart in support of any good and worthy cause, realizing that today is not the end of the game but only the end of an inning in the ball game of life.

As we return to our people, and the Journal records our words and deeds, indelibly impress upon us our continuing responsibility to do justly, to love mercy, and to walk humbly with our God, to whom be glory now and forever.

Amen.

On motion of Senator MOORE, with unanimous consent, Senators MOORE, McCONNELL and RUSSELL were granted leave to attend a meeting of a Conference Committee and were to be counted in any quorum calls.

At 11:06 A.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator LEATHERMAN moved that a call of the Senate be made. The following Senators answered the call:

Alexander                 Boan                      Bryan
Cork                      Courson                   Courtney
Fair                      Ford                      Giese
Glover                    Gregory                   Hayes
Holland                   Hutto                     Jackson
Land                      Lander                    Leatherman
Leventis                  Martin                    McConnell
McGill                    Mescher                   Moore
O'Dell                    Passailaigue              Patterson
Peeler                    Rankin                    Richter
Rose                      Russell                   Ryberg
Saleeby                   Setzler                   Short
Smith, G.                 Smith, J.V.               Thomas
Washington                Wilson                    

A quorum being present, the Senate resumed.

Senator WALDREP recorded his presence subsequent to the call of the Senate.

At 11:10 A.M., Senator J. VERNE SMITH asked unanimous consent to make a motion to invite the House of Representatives to ratify acts at 11:30 A.M.

Senator LEVENTIS objected.

On motion of Senator GIESE, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.

June 4, 1996
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Initial Appointment, Charleston County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Hon. Harold R. Stein, Post Office Box 23, Wadmalaw Island, S.C. 29487 VICE Robert E. Miller (resigned)

Received as information.

June 7, 1996
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Reappointments, Williamsburg County Magistrate, with terms to commence April 30, 1994, and to expire April 30, 1998:

Hon. Bruster O. Harvin, Route 2, Box 94-A, Lane, S.C. 29564

Hon. Charles D. Morris, Route 1, Box 297, Nesmith, S.C. 29580

Received as information.

June 10, 1996
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Reappointments, Williamsburg County Magistrate, with terms to commence April 30, 1994, and to expire April 30, 1998:

Hon. Leroy Burgess, Sr., Route 4, Box 200, Kingstree, S.C. 29556

Hon. Eddie A. Woods, Route 2, Box 19-A, Greeleyville, S.C. 29056

Received as information.

June 11, 1996
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Reappointment, Lancaster County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

Hon. John L. Hudson, Jr., 4141 Bessie Hudson Road, Lancaster, S.C. 29720

Reappointments, Williamsburg County Magistrate, with terms to commence April 30, 1994, and to expire April 30, 1998:

Hon. Cynthia W. Burrows, P.O. Box 956, Kingstree, S.C. 29556

Hon. Lawrence W. McElveen, Route 1, Box 146, Cades, S.C. 29518

Hon. James E. Doster, Jr., P.O. Box 416, Hemingway, S.C. 29554

Received as information.

June 12, 1996
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Reappointment, Lancaster County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

Hon. Thomas J. Gardner, Jr., 504 South Minor Street, Kershaw, S.C. 29067

Received as information.

Columbia, S.C., June 12, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.496, H. 5028 by a vote of 2 to 0:

(R496) H. 5028 -- Reps. Neilson, Baxley and J. Hines: AN ACT TO PROVIDE FOR A REFERENDUM FOR THE CREATION OF THE J.C. DANIEL CENTER DISTRICT IN DARLINGTON COUNTY TO DETERMINE IF THE ELECTORS VOTING IN THE REFERENDUM FAVOR A TWO MILL TAX LEVY TO BE USED EXCLUSIVELY FOR THE RENOVATION AND OPERATION OF THE CENTER, AND PROVIDE THAT THE MILLAGE MUST BE REMOVED AFTER A TEN-YEAR PERIOD.
Very respectfully,
Speaker of the House

(R496) H. 5028 -- Reps. Neilson, Baxley and J. Hines: AN ACT TO PROVIDE FOR A REFERENDUM FOR THE CREATION OF THE J.C. DANIEL CENTER DISTRICT IN DARLINGTON COUNTY TO DETERMINE IF THE ELECTORS VOTING IN THE REFERENDUM FAVOR A TWO MILL TAX LEVY TO BE USED EXCLUSIVELY FOR THE RENOVATION AND OPERATION OF THE CENTER, AND PROVIDE THAT THE MILLAGE MUST BE REMOVED AFTER A TEN-YEAR PERIOD.

The veto of the Governor was taken up for immediate consideration.

Senator SALEEBY moved that the veto of the Governor be overridden.

The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander                 Boan                      Bryan
Cork                      Courson                   Courtney
Elliott                   Fair                      Ford
Giese                     Glover                    Gregory
Hayes                     Holland                   Hutto
Jackson                   Land                      Lander
Leatherman                Leventis                  Martin
McConnell                 McGill                    Mescher
Moore                     O'Dell                    Passailaigue
Patterson                 Peeler                    Rankin
Reese                     Richter                   Rose
Russell                   Ryberg                    Saleeby
Setzler                   Short                     Smith, G.
Smith, J.V.               Thomas                    Waldrep
Washington                Wilson                    

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

The following were introduced:

S. 1447 -- Senators Saleeby, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A SENATE RESOLUTION TO OBSERVE AND CELEBRATE THE OCCASION OF THE EIGHTY-SEVENTH BIRTHDAY OF OUR BELOVED CHAPLAIN OF THE SENATE, THE REVEREND DOCTOR GEORGE ELIAS MEETZE.

Whereas, the Reverend Doctor George Elias Meetze has distinguished himself in this State as a dedicated cleric and philanthropist and has provided wise counsel and kind and understanding pastoral services to the members and staff of the Senate as well as any person who sought him out; and

Whereas, he has rendered religious services to his church, community, and this State for the past fifty-nine years through his positions as pastor of the Lutheran Church of the Incarnation, the Grace Lutheran Church in Prosperity, and the St. Barnabas Lutheran Church in Charleston where he was ordained; and

Whereas, Rev. Dr. Meetze has given his time, support, and guidance to numerous charitable organizations in this State by serving on the advisory boards of organizations such as the Salvation Army and the South Carolina Division of the American Cancer Society; and

Whereas, he deservedly received the "Service to Mankind Award" and the award "For Devoted Religious Services Rendered to Community, State, and Nation" for his outstanding contributions to this State; and

Whereas, his dedication to his church and his notable achievements have been recognized in such publications as "Who's Who in the South and Southwest", "South Carolina Lives", the "Dictionary of International Biography", and the "Royal Blue Book"; and

Whereas, he has honorably and faithfully served this State as Chaplain of the Senate for forty-six years, continually supporting the members of the Senate and their families since his election as Chaplain of the Senate in January of 1950; and

Whereas, on June 24, Rev. Dr. Meetze will celebrate his eighty-seventh birthday. Now, therefore,

Be it resolved by the Senate:

That the members of the General Assembly congratulate the Reverend Doctor George Elias Meetze on the occasion of his eighty-seventh birthday and wish him good health and godspeed for many years to come.

Be it further resolved that a copy of this resolution be forwarded to Rev. Dr. Meetze.

Senators RICHTER and SETZLER spoke on the Resolution.

The Senate Resolution was adopted

S. 1448 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-465 SO AS TO REQUIRE NO FEWER THAN EIGHT INSPECTIONS OF CERTAIN SCHOOL FACILITIES BY CERTIFIED DRUG-SNIFFING DOGS, TO PROVIDE FOR THE DISPOSITION OF CONTRABAND DISCOVERED DURING THESE INSPECTIONS, AND TO PROVIDE PROCEDURES APPLICABLE FOR THESE INSPECTIONS.

Senators J. VERNE SMITH and LEVENTIS spoke on the Bill.

Read the first time and referred to the Committee on Education.

H. 5103 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF DR. GREG BAIRD OF ANDERSON COUNTY WHO DIED ON JUNE 10, 1996.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 5104 -- Reps. Witherspoon, T. Brown, Keegan, Kelley, Martin, Allison, Anderson, Askins, Bailey, Baxley, Beck, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Wofford, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE HAROLD G. WORLEY OF HORRY COUNTY FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON HIS DECISION NOT TO SEEK RE-ELECTION TO THE HOUSE.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 5105 -- Reps. T. Brown, Keegan, Kelley, Witherspoon, Worley, Allison, Anderson, Askins, Bailey, Baxley, Beck, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Wofford, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE L. MORGAN MARTIN OF HORRY COUNTY, OUR DISTINGUISHED COLLEAGUE AND FRIEND, FOR HIS SIX YEARS OF OUTSTANDING LEGISLATIVE SERVICE TO THE PEOPLE OF SOUTH CAROLINA AND WISHING HIM CONTINUED SUCCESS IN HIS CAREER.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 5106 -- Reps. Harvin, Kelley and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING AND CONGRATULATING THE TEAM MEMBERS FROM SOUTH CAROLINA WHO HAVE BEEN SELECTED BY INTERNATIONAL SOCCER USA TO PLAY IN THE GOTHIA CUP IN GOTHENBURG, SWEDEN AND THE GOLD COAST CLASSIC IN TORBAY, ENGLAND.

The Concurrent Resolution was adopted, ordered returned to the House.

S. 938 -- Senator Short: A BILL TO PROVIDE THAT THE MEMBERS OF THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES MUST BE ELECTED IN NONPARTISAN ELECTIONS HELD AT THE SAME TIME AS THE GENERAL ELECTION.

The House returned the Bill with amendments.

On motion of Senator SHORT, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

H. 4833 -- Reps. Robinson, Herdklotz, Waldrop, Fulmer, Trotter, Sandifer, Marchbanks, Rice, Haskins and Harrell: A BILL TO AMEND SECTION 12-28-795, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTEREST DUE ON GASOLINE TAX REFUNDS, SO AS TO CORRECT THE REFERENCE TO THE PROVISIONS ON INTEREST ON TAX OVERPAYMENTS AND UNDERPAYMENTS; TO AMEND SECTION 12-28-2360, RELATING TO REFUNDS OF GASOLINE TAX INSPECTION FEES, SO AS TO EXTEND THE GENERAL LIMITATIONS ON THE ASSESSMENT OF STATE TAXES TO CLAIMS FOR REFUNDS; TO AMEND SECTION 12-37-2680, AS AMENDED, RELATING TO VALUATION OF MOTOR VEHICLES FOR PURPOSES OF PROPERTY TAXES, SO AS TO DELETE AN OBSOLETE REFERENCE WITH RESPECT TO THE AUDITOR'S DUTIES; TO AMEND SECTION 12-43-300, AS AMENDED, RELATING TO APPEALS OF VALUATION FOR PURPOSES OF THE PROPERTY, SO AS TO DELETE REDUNDANT PROVISIONS AND CORRECT A REFERENCE; TO AMEND SECTION 12-54-25, RELATING TO INTEREST ON TAX UNDERPAYMENTS AND OVERPAYMENTS, SO AS TO ALLOW THE DEPARTMENT OF REVENUE AND TAXATION TO INCREASE FROM FIFTEEN TO THIRTY DAYS THE TIME FOR WHICH INTEREST MAY BE WAIVED FOR ADMINISTRATIVE CONVENIENCE; TO AMEND SECTION 12-54-85, RELATING TO LIMITATIONS ON TAX ASSESSMENTS AND COLLECTIONS, SO AS TO PROVIDE THE DATES WHEN CERTAIN TAXES ARE CONSIDERED TO HAVE BEEN PAID OR RETURNS FILED; TO AMEND SECTION 12-60-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE TAX APPEALS, SO AS TO REVISE DEFINITIONS; TO AMEND SECTION 12-60-40, RELATING TO WAIVER OF TIME LIMITATIONS FOR PURPOSES OF TAX APPEALS, SO AS TO ALLOW THE DEPARTMENT TO EXTEND ANY TIME LIMITATIONS; TO AMEND SECTION 12-60-50, RELATING TO THE PROVISIONS APPLICABLE WHEN TIME PERIODS EXPIRE ON WEEKENDS OR LEGAL HOLIDAYS, SO AS TO CLARIFY THAT THESE PROVISIONS APPLY TO ALL TAXES; TO AMEND SECTION 12-60-410, RELATING TO LIMITATIONS ON ASSESSMENTS FOR A TAX PERIOD FOR WHICH A FINAL ADMINISTRATIVE OR JUDICIAL ORDER HAS BEEN ISSUED, SO AS TO EXEMPT FROM THESE AN ORDER ABATING A JEOPARDY ASSESSMENT OR ASSESSMENT ARISING FROM ADDITIONAL INTERNAL REVENUE SERVICE ASSESSMENTS; TO AMEND SECTION 12-60-440, RELATING TO DEFICIENCY ASSESSMENT RESTRICTIONS, SO AS TO PROVIDE ADDITIONAL EXEMPTIONS FROM THESE RESTRICTIONS; TO AMEND SECTION 12-60-920, RELATING TO JEOPARDY ASSESSMENTS, SO AS TO PROVIDE FURTHER FOR ASSESSMENTS AND APPEALS IN THESE CASES; TO AMEND SECTION 12-60-1350, RELATING TO THE EXCLUSIONS OF APPEALS UNDER THE SOUTH CAROLINA REVENUE PROCEDURES ACT, SO AS TO EXTEND THESE EXCLUSIONS TO LICENSES SUSPENDED OR REVOKED BY THE CHILD SUPPORT ENFORCEMENT DIVISION OF THE STATE DEPARTMENT OF SOCIAL SERVICES AND TO PROVIDE FOR APPEALS OF THESE MATTERS TO BE HANDLED BY THE STATE DEPARTMENT OF SOCIAL SERVICES; TO AMEND SECTION 12-60-2130, RELATING TO PROPERTY TAX ASSESSMENT APPEALS OF PROPERTY VALUED BY THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO DELETE THE AUTHORITY OF A COUNTY ASSESSOR TO APPEAL A DEPARTMENTAL DETERMINATION; TO AMEND SECTION 12-60-2150, RELATING TO CLAIMS FOR REFUND BASED ON PROPERTY TAX EXEMPTIONS, SO AS TO CHANGE A REFERENCE FROM PROTEST TO CLAIM FOR REFUND; AND TO REPEAL SECTIONS 12-4-760, 12-47-75, AND 12-54-60, RELATING RESPECTIVELY TO APPEALS TO THE TAX BOARD OF REVIEW, THE PROPER CREDITING OF TAXES ERRONEOUSLY CREDITED, AND AUTHORITY OF THE DEPARTMENT OF REVENUE AND TAXATION TO ESTIMATE TAXES DUE WHEN A REQUIRED REPORT OR RETURN IS NOT FILED.

The House returned the Bill with amendments.

On motion of Senator BRYAN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

S. 1432 -- Senators Holland, Cork, Ford, McConnell, Jackson, Courtney, Bryan, Russell, Mescher, Moore, Martin, Saleeby, Lander, Wilson and Rankin: A CONCURRENT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO FORMULATE RECOMMENDATIONS FOR THE GENERAL ASSEMBLY TO CONSIDER IN EVALUATING THE LAWS CONCERNING THE JURISDICTION, NUMBER OF AVAILABLE POSITIONS, LOCATION, QUALIFICATIONS, CONTINUING EDUCATION AND CERTIFICATION REQUIREMENTS, AND COMPENSATION AND OTHER BENEFITS OF MAGISTRATES IN EACH COUNTY AND THROUGHOUT THE STATE AND THE MAGISTRATES COURTS' ROLE IN THE UNIFORM JUDICIAL SYSTEM.

Returned with concurrence.

Received as information.

S. 1438 -- Senator Alexander: A CONCURRENT RESOLUTION COMMENDING WALHALLA HIGH SCHOOL'S SCHOOL TO WORK PROGRAM IN OCONEE COUNTY ON BEING ONE OF TEN PROGRAMS TO BE RECOGNIZED BY THE NATIONAL COUNCIL OF RESEARCH AND VOCATIONAL EDUCATION.

Returned with concurrence.

Received as information.

S. 1439 -- Senators Ryberg, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Rose, Russell, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION TO RECOGNIZE SENATOR LAWRENCE E. "LARRY" RICHTER ON THE OCCASION OF HIS RETIREMENT FROM THE SOUTH CAROLINA SENATE FOR HIS DISTINGUISHED SERVICE TO CHARLESTON AND BERKELEY COUNTIES AND THE STATE OF SOUTH CAROLINA.

Returned with concurrence.

Received as information.

S. 1446 -- Senators Peeler, Lander and Short: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE JACK BARTLEY WEBBER OF UNION COUNTY FOR HIS DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA AND UNION COUNTY AS MAGISTRATE OF THE PINCKNEY TOWNSHIP AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.

Returned with concurrence.

Received as information.

Columbia, S.C., June 12, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.419, H. 3300 by a vote of 2 to 64:

(R419) H. 3300 -- Reps. Limehouse, Fleming, Allison, G. Brown, J. Brown, Cain, Chamblee, Cotty, Davenport, Delleney, Easterday, Fair, Felder, Fulmer, Hallman, Harrell, Harrison, Haskins, Herdklotz, Hodges, Huff, Hutson, Kinon, Knotts, Koon, Lanford, Limbaugh, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McCraw, McElveen, McKay, McTeer, Phillips, Rice, Robinson, Sandifer, Sharpe, Shissias, D. Smith, Stoddard, Tripp, Trotter, Vaughn, Wells, Whatley, Wilder, Wright, A. Young, Cobb-Hunter, Baxley, Kelley, Keyserling, Govan, Inabinett, H. Brown, Witherspoon, Simrill, Keegan, Townsend, Kennedy, Jaskwhich, Stuart, L. Whipper, Stille, Byrd, Meacham, Law, Riser, Dantzler, Richardson, J. Young, Seithel and Bailey: AN ACT TO AMEND ARTICLE 7, CHAPTER 3, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO REVISE THE STATE LAW ENFORCEMENT DIVISION'S REGULATORY AUTHORITY, TO REVISE THE CONDITIONS UPON WHICH A PERSON MUST REGISTER, THE DEFINITION OF AN OFFENDER, A SHERIFF'S DUTY REGARDING REGISTERING AN OFFENDER, TO SUBSTITUTE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES FOR STATE DEPARTMENT OF PROBATION AND PAROLE SERVICES, TO SUBSTITUTE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF MOTOR VEHICLES FOR DEPARTMENT OF MOTOR VEHICLES, TO REVISE THE PENALTIES FOR FAILURE TO REGISTER, TO PROVIDE PENALTIES FOR A PERSON WHO GIVES FALSE INFORMATION WHEN REGISTERING AS AN OFFENDER, TO PROVIDE THAT CERTAIN PERSONS CONVICTED AND RELEASED PRIOR TO JULY 1, 1994, ARE NOT REQUIRED TO REGISTER, AND TO PROVIDE THE CONDITIONS UPON WHICH INFORMATION CONTAINED IN THE SEX OFFENDER REGISTRY MUST BE RELEASED TO THE PUBLIC; TO AMEND SECTION 16-3-655, RELATING TO CRIMINAL SEXUAL CONDUCT WITH MINORS, SO AS TO REVISE THE AGE OF THE PERPETRATOR AND TO ESTABLISH THE OFFENSE OF SEXUAL MISCONDUCT WITH A MINOR.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 12, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.382, H. 4159 by a vote of 0 to 61:

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

Columbia, S.C., June 12, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.432, H. 4737 by a vote of 3 to 87:

(R432) H. 4737 -- Reps. Chamblee, Lanford, Kirsh, Harrison, Wofford and Trotter: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-425 SO AS TO REQUIRE APPROVAL BY THE STATE BUDGET AND CONTROL BOARD FOR REQUESTS FOR INFORMATION TECHNOLOGY EQUIPMENT AND SERVICES, TO PROVIDE CRITERIA FOR APPROVAL, AND TO ESTABLISH THE INFORMATION TECHNOLOGY ADVISORY COUNCIL TO ASSIST THE BOARD; TO ADD SECTION 59-7-70 SO AS TO REQUIRE THE TRANSFER OF TRANSMISSION AND RECEPTION EQUIPMENT PURCHASED BY SOUTH CAROLINA EDUCATIONAL TELEVISION (SCETV) FOR SCHOOLS TO THE SCHOOL DISTRICTS; TO ADD SECTION 59-7-80 SO AS TO REQUIRE THE SCETV COMMISSION TO DEVELOP CERTAIN REVENUE, INVESTMENT, AND MARKETING PLANS; TO AMEND SECTION 59-7-10, AS AMENDED, RELATING TO THE SCETV COMMISSION, SO AS TO FURTHER DELINEATE CRITERIA FOR MEMBERS; AND TO AMEND SECTION 59-7-20, RELATING TO ADVISORY COMMITTEES OF THE SCETV COMMISSION, SO AS TO REVISE THE ADVISORY COMMITTEE STRUCTURE, TO DIRECT THE SCETV COMMISSION, WITH THE STATE DEPARTMENT OF EDUCATION, TO CONDUCT A STUDY TO EVALUATE THE EFFECTIVENESS OF INSTRUCTIONAL TELEVISION, AND TO PROVIDE THAT THE SCETV COMMISSION IS REAUTHORIZED UNDER SECTION 1-20-60 UNTIL JULY 1, 2003.
Very respectfully,
Speaker of the House

Columbia, S.C., June 12, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on the following Bill:

S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO AUTHORIZE THE ISSUANCE OF SCHOOL REVENUE BONDS FOR SPECIFIED PURPOSES IN CONNECTION THEREWITH.
Very respectfully,
Speaker of the House

The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

A message was sent to the House accordingly.

Columbia, S.C., June 12, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

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

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 12, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3201 -- Rep. Simrill: A BILL TO AMEND SECTION 44-95-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES IN WHICH SMOKING IS PROHIBITED UNDER THE CLEAN INDOOR AIR ACT OF 1990, SO AS TO PROVIDE THAT LOCAL SCHOOL BOARDS MAY MAKE SCHOOL DISTRICT FACILITIES SMOKE FREE AND TO PROVIDE AN EXCEPTION FOR GOVERNMENTAL ENTITIES THAT HAD A NONSMOKING POLICY IN EFFECT BEFORE AUGUST 1, 1990; AND TO DESIGNATE THE PROVISIONS OF THE CLEAN INDOOR AIR ACT AS CHAPTER 95, TITLE 44 OF THE 1976 CODE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

H. 3515 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 2-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE ADVANCE SHEETS OF STATUTES, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE ADVANCE SHEETS MUST BE DISTRIBUTED; AND TO AMEND SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF SETS OF THE CODE OF LAWS OF SOUTH CAROLINA, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE SETS MUST BE DISTRIBUTED.

The PRESIDENT appointed Senator JACKSON as substitute for the former Senator STILWELL as Conference Committee member/appointee.

Columbia, S.C., June 12, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has granted Free Conference Powers and appointed Reps. Meacham, Trotter and Riser of the Committee of Free Conference on the part of the House on:

H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.
Very respectfully,
Speaker of the House

Columbia, S.C., June 12, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on the following Bill:

H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.
Very respectfully,
Speaker of the House

H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.

On motion of Senator MARTIN, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senators MARTIN and SALEEBY spoke on the report.

On motion of Senator MARTIN, with unanimous consent, Free Conference Powers were granted.

Whereupon, the PRESIDENT appointed Senators LEVENTIS, MARTIN and LANDER to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator MARTIN, the Report of the Committee of Free Conference to H. 3446 was adopted as follows:

The COMMITTEE OF FREE CONFERENCE, to whom was referred:

H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/SECTION   1.   Title 47 of the 1976 Code is amended by adding:

Section 47-20-10.   As used in this chapter:

(1)   'Agricultural facility' means a lot, building, or structure which is used for the commercial production of swine in an animal feeding operation.

(2)   'Animal' means a domesticated animal belonging to the porcine species.

(3)   'Animal feeding operation' means an agricultural facility where animals are confined and fed or maintained for a total of forty-five days or more in a twelve-month period and crops, vegetative, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Structures used for the storage of animal waste from animals in the operation also are part of the animal feeding operation. Two or more animal feeding operations under common ownership or management are considered to be a single animal feeding operation if they are adjacent or utilize a common system for animal waste storage.

(4)   'Animal waste' means animal excreta or other commonly associated organic animal wastes including, but not limited to, bedding, litter, feed losses, or water mixed with the waste.

(5)   'Annual pollutant loading rate' means the maximum amount of a pollutant that can be applied to a unit area of a waste utilization area during a three hundred sixty-five-day period.

(6)   'Cumulative pollutant loading rate' means the maximum amount of a pollutant that can be applied to an area of land.

(7)   'Department' means the South Carolina Department of Health and Environmental Control.

(8)   'Ephemeral stream' means a stream that flows only in direct response to rainfall or snowmelt in which discrete periods of flow persist no more than twenty-nine consecutive days per event.

(9)   'Intermittent stream' means a stream that generally has a defined natural water course which does not flow year-round but flows beyond periods of rainfall or snowmelt.

(10)   'Lagoon' means an impoundment used in conjunction with an animal feeding operation, the primary function of which is to store or stabilize, or both, organic wastes, wastewater, and contaminated runoff.

(11)   'Vector' means a carrier that is capable of transmitting a pathogen from one organism to another including, but not limited to, flies and other insects, rodents, birds, and vermin.

(12)   'Waste storage pond' means a structure used for impounding or storing manure, wastewater, and contaminated runoff as a component of an agricultural waste management system. Waste is stored for a specified period of time, one year or less, and then the pond is emptied.

(13)   'Waste Utilization area' means land on which animal waste is spread as a fertilizer.

(14)   'Watershed' means a drainage area contributing to a river, lake, or stream.

(15)   'Waters of the State' means lakes, bays, sounds, ponds, impounding reservoirs, springs, artesian wells, rivers, perennial and navigable streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial limits of the State, and all other bodies of water, natural or artificial, public or private, inland or coastal, fresh or salt, which are wholly or partially within or bordering the State or within its jurisdiction. This definition does not include ephemeral or intermittent streams.   This definition includes wetlands as defined in this section.

(16)   'Wetlands' means lands that have a predominance of hydric soil, are inundated or saturated by water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions, and, under normal circumstances, do support a prevalence of hydrophytic vegetation. Normal circumstances refer to the soil and hydrologic conditions that are normally present without regard to whether the vegetation has been removed. Wetlands must be identified through the confirmation of the three wetlands criteria: hydric soil, hydrology, and hydrophytic vegetation. All three criteria must be met for an area to be identified as wetlands.

Section 47-20-20.   (A)   All siting requirements for animal feeding operations must be measured from property lines.

(B)   After June 30, 1996, these setback limits for new or expanded animal feeding operations which utilize a lagoon or a waste storage pond, or both, apply:

(1)   For an animal feeding operation with a capacity of 420,000 to 840,000 pounds of normal production animal live weight at any one time, the minimum separation distance required between a lagoon and a waste storage pond and real property owned by another person is 1,000 feet. The minimum separation distance required between an agricultural facility and real property owned by another person is 1000 feet.

(2)   For an animal feeding operation with a capacity of 840,001 to 1,260,000 pounds of normal production animal live weight at any one time, the minimum separation distance required between a lagoon and a waste storage pond and real property owned by another person is 1,250 feet. The minimum separation distance required between an agricultural facility and real property owned by another person is 1000 feet.

(3)   For an animal feeding operation with a capacity of 1,260,001 to 1,680,000 pounds of normal production live weight at any one time, the minimum separation distance required between a lagoon and a waste storage pond and real property owned by another person is 1,500 feet. The minimum separation distance required between an agricultural facility and real property owned by another person is 1000 feet.

(4)   For animal feeding operations with a capacity of more than 1,680,000 pounds of normal production animal live weight at any one time, the minimum separation distance required between a lagoon and a waste storage pond and real property owned by another person is 1,750 feet. The minimum separation distance between an agricultural facility and real property owned by another person is 1000 feet.

(5)   The minimum separation distance between a lagoon and a waste storage pond and a public or private drinking water well is 500 feet.

(6)   The minimum separation distance required between a lagoon and a waste storage pond and waters of the State is 1,320 feet (1/4 mile). If the waters of the State are designated Outstanding Resource Waters, Critical Habitat Waters of federally endangered species, or Shellfish Harvesting Waters, the minimum separation distance required between a lagoon and a waste storage pond and waters of the State is 2,640 feet (1/2 mile). A minimum 100-foot vegetative buffer of plants and trees is required. However, if an owner or operator of an animal feeding operation has a Natural Resource Conservation Service employee or a state-certified engineer create a waste management plan design to control the discharge from a failed lagoon so that it will not enter waters of the State and certify that the plan has been implemented as specified, then the minimum separation distance between a lagoon and a waste storage pond and waters of the State is 500 feet.

(7)   The minimum separation distance between a lagoon and a waste storage pond constructed of concrete to standards outlined in department regulations and waters of the State is 500 feet. If the waters are designated Outstanding Resource Waters, Critical Habitat Waters of federally endangered species, or Shellfish Harvesting Waters, the minimum separation distance required between a lagoon and a waste storage pond constructed of concrete to standards outlined in department regulations and waters of the State is 1,000 feet. A minimum 100-foot vegetative buffer of plants and trees is required.

(8)   If a lagoon or waste storage pond, or both, breaches or fails in any way, the owner or operator of the animal feeding operation immediately must notify the department and the appropriate local government officials.

(C)   The minimum separation distance in feet required between a ditch or swale which drains directly into waters of the State and all animal feeding operations is 100 feet.

(D)   No new animal feeding operation or expansion of an established animal feeding operation may be located in the 100-year floodplain unless protected from flooding as provided for in regulations of the Federal Emergency Management Agency and the National Flood Insurance Program on Floodplain Management. Such construction or expansion must be certified by the department.

(E)   Streams or rivers used as surface intake for potable water supply may not be used as a receiving stream outflow from animal feeding operations, and there may not be any direct water linkage or flood facility drainage linkage between the animal feeding operation and a stream or river utilized as a supply of drinking water unless waste is treated to drinking water quality standards.

(F)   The setback limits are minimum siting requirements. The department shall promulgate regulations specifying factors that the department shall evaluate in determining whether additional separation distances are required under certain circumstances. These factors include, at a minimum:

(1)   proximity to 100-year flood plain;

(2)   soil type;

(3)   location in watershed;

(4)   nutrient sensitivity of receiving waters;

(5)   proximity to a State Designated Focus Area; Outstanding Resource Water; Heritage Corridor; Historic Preservation District; state or national park or forest; state or federal research area; and privately-owned wildlife refuge, park, or trust property;

(6)   proximity to other point and nonpoint sources; and

(7)   slope of the land.

Section 47-20-30.   A separation distance requirement as provided in Section 47-20-20(1)-(4) does not apply to an animal feeding operation which is constructed or expanded, if the titleholder of adjoining land to the animal feeding operation executes a written waiver with the title holder of the land where the animal feeding operation is established or proposed to be located, under terms and conditions that the parties negotiate. The written waiver becomes effective only upon the recording of the waiver in the office of the Register of Mesne Conveyances of the county in which the benefitted land is located. The filed waiver precludes enforcement by the State of Section 47-20-20 (B)(1) - (4) as it relates to the animal feeding operation and to real property owned by another person.

Section 47-20-40.   (A)   The department shall promulgate regulations relating to land application rates for animal waste for animal feeding operations of a capacity for more than 420,000 pounds of normal production animal live weight at any one time. These rates must be based on the waste's impact on the environment, animals, and people living in the environment. In developing annual pollutant loading rates and cumulative pollutant loading rates, the department shall consider:

(1)   soil type;

(2)   type of vegetation growing in land-applied area;

(3)   proximity to 100-year flood plain;

(4)   location in watershed;

(5)   nutrient sensitivity of receiving land and waters;

(6)   soil and sediment tests of receiving land and waters;

(7)   nutrient, heavy metal, and pollutant content of the waste being applied;

(8)   proximity to a State Designated Focus Area; Outstanding Resource Water; Heritage Corridor; Historic Preservation District; state or national park or forest; state or federal research area; and privately owned wildlife refuge, park, or trust property;

(9)   proximity to other point and nonpoint sources;

(10)   slope of land;

(11)   distance to water table or ground water aquifer;

(12)   timing of waste application to coincide with vegetative cover growth cycle;

(13)   timing of harvest of vegetative cover;

(14)   hydraulic loading limitations; and

(15)   soil assimilative capacity;

(16)   type of vegetative cover and its nutrient uptake ability;

(17)   method of land application.

(B)   The department shall require calibration of spray irrigation equipment.

(C)   Waste must not be applied to or discharged onto land surface when the vertical separation between the waste and the water table is less than 1 1/2 feet.

(D)   The department shall ensure that owners or operators adhere to land application rates.

Section 47-20-50.   The following application rates shall only apply to animal feeding operations with a capacity of more than 420,000 pounds of normal production animal live weight at any one time.

(A)   The minimum separation distance in feet required between a waste utilization area and real property owned by another person on which a residence is located is 200 feet from property lines that are within 1,000 feet of the residence. The 200-foot setback is waived with the consent of the owner of the residence; however, the owner may not agree to less than 100 feet from the residence.

(B)   The minimum separation distance in feet required between a waste utilization area and waters of the State, ditches, and swales that drain directly into waters of the State is 100 feet.

(C)   The minimum separation distance in feet required between a waste utilization area and a public and private drinking water well is 200 feet.

Section 47-20-60.   (A)   The department shall promulgate regulations governing maximum lagoon size and minimum lagoon size, based on the permitted number of animal units to be maintained at the animal feeding operation. However, no single lagoon may exceed four acres.

(B)   Lagoons and waste storage ponds for animal feeding operations with a capacity for more than 420,000 pounds of normal production animal live weight at any one time must be lined with a combination of natural and synthetic material which results in a permeability rating equal to or more protective than that required for human waste lagoons.

(C)   The owner or operator of an animal feeding operation shall obtain certification from a licensed engineer or an appropriate Natural Resource Conservation Service employee that the operation's lagoon and waste storage pond were designed, constructed, and installed in accordance with regulatory specifications.

(D)   Before the construction of a lagoon and a waste storage pond, the owner or operator shall remove all under-drains that exist from previous agricultural operations.

(E)   Waste must not be placed directly in or allowed to come into contact with groundwater. Additionally, the minimum separation distance between the lowest point of the lagoon and a waste storage pond and the highest point of the water table beneath the lagoon is 2 feet, unless adequate provisions have been taken and meet the standards established in regulations promulgated by the department.

(F)   The department shall conduct a study of alternative technologies for the treatment of animal waste from animal feeding operations and promulgate regulations governing the use of these alternative treatment technologies. Every five years the department shall review changing technologies relating to the treatment of animal waste and promulgate appropriate regulations as needed. The department shall determine which animal feeding operations are required to use aerobic lagoons or other treatment technology.

(G)   The department shall consider the cumulative impacts including, but not limited to, impacts from evaporation, storm water, and other potential and actual point and nonpoint sources of pollution runoff, levels of nutrients or other elements in the soils and nearby waterways, ground water or aquifer contamination, pathogens or other elements, and the pollution assimilative capacity of the receiving water body before permitting new or expanded animal feeding operations. The department may require alternative waste treatment in watersheds which are nutrient-sensitive.

(H)   Disposal of animal carcasses or body parts into waste lagoons is prohibited.

Section 47-20-70.   (A)   No person may cause, allow, or permit emission into the ambient air of any substance or combination of substances in quantities that an undesirable level of odor is determined to result unless preventive measures of the type set out below are taken to abate or control the emission to the satisfaction of the department. When an odor problem comes to the attention of the department through field surveillance or specific complaints, the department shall determine if the odor is at an undesirable level by considering the character and degree of injury or interference to:

(1)   the health or welfare of the people;

(2)   plant, animal, or marine life;

(3)   property;

(4)   enjoyment of life or use of affected property.

(B)   The department may require these abatement or control practices:

(1)   removal or disposal of odorous materials;

(2)   methods in handling and storage of odorous materials that minimize emissions;

(3)   prescribed standards in the maintenance of premises to reduce odorous emissions;

(4)   best available control technology to reduce odorous emissions.

(C)   After determining an undesirable level of odor exists, the department shall require remediation of the undesirable level of odor.

(D)   Nothing in this section prohibits an individual or group of persons from bringing a complaint against an animal feeding operation.

Section 47-20-80.   (A)   The department, in consultation with the State Veterinarian, shall promulgate regulations relating to the control of vectors.

(B)   All animal feeding operations shall utilize Best Management Practices as appropriate for the control of vectors and department regulations in order to maximize vector control.

Section 47-20-90.   (A)   The department shall act on all permits to prevent, so far as reasonably possible considering relevant standards under state and federal laws, an increase in pollution of the waters and air of the State from any new or enlarged sources.

(B)   The department also shall act on all permits so as to prevent degradation of water quality due to the cumulative and secondary effects of permit decisions. Cumulative and secondary effects are impacts attributable to the collective effects of a number of animal feeding operations in a defined area and include the effects of additional projects similar to the requested permit in areas available for development in the vicinity. All permit decisions shall ensure that the waste treatment and utilization alternative with the least adverse impact on the environment be utilized. Cumulative and secondary effects shall include, but are not limited to, runoff from land application of animal waste and an animal feeding operation, evaporation and atmospheric deposition of elements, ground water or aquifer contamination, buildup of elements in the soil, and other potential and actual point and nonpoint sources of pollution in the vicinity.

Section 47-20-100.   The department shall establish the amount of an application and annual operation fee in accordance with the Environmental Protection Fund Act, Section 48-2-10 of the 1976 Code, to cover, at a minimum, an annual inspection of all animal feeding operations in the State with a capacity for more than 420,000 pounds of normal production animal live weight at any one time. The annual inspection must include, but is not limited to, an on-site visit, review of the implementation of a waste management plan, review of results of monitoring analysis, annual pollutant loading rates, cumulative pollutant loading rates, and review of all records required by this chapter.

Section 47-20-110.   (A)   All animal feeding operations established after the effective date of this chapter which require the use of a lagoon and a waste storage pond and which have a capacity for more than 420,000 pounds of normal production animal live weight at any one time are required to install at least one up-gradient and two down-gradient monitoring wells at a depth which the department considers appropriate around the lagoon in order to monitor seepage of waste from the lagoon.

(B)   Each monitoring well installed must be analyzed at least once annually. However, the department may conduct routine and random visits to the animal feeding operation to sample the monitoring wells.

(C)   Records must be kept by the owner or operator of the animal feeding operation according to regulations promulgated by the department.

(D)   If leakage is discovered beyond an acceptable level as determined by the department, the lagoon must be repaired at the owner or operator's expense.

Section 47-20-120.   (A)   No waste may be released from the premises of an animal feeding operation to waters of the State unless the waste is treated to drinking water quality standards.

(B)   Water that is completely surrounded by land owned by the applicant and has no connection to other water is excluded from the setback requirements outlined in this chapter.

Section 47-20-130.   (A)   Clemson University, in conjunction with the South Carolina Department of Agriculture and the department, shall create a training and certification program for owners or operators of animal feeding operations which shall include, but is not limited to, understanding relevant regulations, issues, standards, principles, and practices regarding siting and management of an animal feeding operation and land application of animal waste; testing for toxic metals, organic materials, and other elements; use of antibiotics; implementing emergency procedures; and spill prevention protocols including testing and inspection of dikes.

(B)   An operator of an animal feeding operation and waste utilization area must be certified on the operation of animal waste management under the program created in subsection (A).

Section 47-20-140.   (A)   For an animal feeding operation which has the capacity of more than 420,000 pounds of normal production animal live weight at any one time and is seeking to construct or expand an established animal feeding operation, the department shall publish a notice of intent to construct or to expand an established animal feeding operation governed by this chapter in a local newspaper of general circulation, notify persons residing on adjoining property, and notify the relevant county commission and water supply district at the expense of the animal feeding operation applicant. Proof of notification of neighboring land owners and residents must be supplied by the applicant. This notice shall contain instructions for public review and comment to the department on the proposed construction and operation of the facility. The notice shall allow for a minimum thirty-day comment period.

(B)   The department shall conduct a public hearing and shall provide notice of the public hearing in accordance with the notice requirements provided for in subsection (A) in any case in which the department receives at least twenty letters requesting a public hearing.

Section 47-20-150.   (A)   Permits for animal feeding operations covered under this chapter must be renewed every seven years. However, subsequent to the issuance of a permit, if the animal feeding operation is not in operation or production for two consecutive years, the permit is not valid and a new permit must be obtained.

(B)   The department shall determine the appropriate fee for permit renewals.

Section 47-20-160.   (A)   The department shall promulgate regulations for this act by January 1, 1998, and submit a report on its progress by January 1, 1997.

(B)   The department shall promulgate regulations for siting and managing animal feeding operations with a capacity of 420,000 pounds of normal production of animal live weight or less at any one time, including land application of waste. The regulations must be at a minimum as protective as the department's current guidelines.

Section 47-20-170.   Any violation of the provisions of this chapter is punishable as under the Pollution Control Act."

SECTION   2.   Section 46-45-30 of the 1976 Code, as amended by Act 442 of 1990, is further amended to read:

"Section 46-45-30.   (A)   No established agricultural facility or any agricultural operation at an established agricultural facility is or may become a nuisance, private or public, by any changed conditions in or about the locality of the facility or operation if the facility or operation has been in operation for one year or more. The provisions of This section do does not apply whenever a nuisance results from the negligent, improper, or illegal operation of an agricultural facility or operation."

SECTION   3.   (A)   In addition to any regulations authorized to be promulgated by Section 1 of this act, the Department of Health and Environmental Control shall promulgate regulations regarding confined swine feeding operations which are separate and distinct from the regulations promulgated pursuant to Section 1.

(B)   The separate and distinct regulations shall not be proposed until after the regulations required to be promulgated pursuant to Section 1 take effect.

(C)   The provisions of Sections 1 and 2 of this act are severable and enforceable irrespective of whether a particular regulation has been promulgated.

(D)(1)   The separate and distinct regulations shall include, but are not limited to including, the following:

(a)   definitions;

(b)   setback requirements;

(c)   land application rates for animal waste and waste storage ponds;

(d)   lagoon construction and maintenance requirements;

(e)   odor control;

(f)   vector control;

(g)   application and annual operation fees;

(h)   monitoring wells;

(i)   certification of owners or operators of confined animal feeding operations and waste management systems;

(j)   public notice requirements; and

(k)   permit renewals.

(2)   In addition, the separate and distinct regulations shall be based upon an evaluation of the impact upon the interests of the environment and agribusiness.

(3)   In promulgating the separate and distinct regulations, the department shall use the limits, distances, and other requirements provided in Section 1 of this act as the basis for the regulations. When the department submits the proposed regulations to the General Assembly for approval, in addition to the the information which must be filed pursuant to Section 1-23-120 of the 1976 Code, the department shall include an explanation for each change proposed in the separate and distinct regulations from the requirements of Sections 1 and 2 of this act.

(E)   When the regulations promulgated by the department pursuant to this section are approved by the General Assembly or take effect without action of the General Assembly, the provisions of Sections 1 and 2 of this act, and any regulations promulgated pursuant to authority granted in Section 1 of this act, are thereby repealed and shall no longer have the force and effect of law.

SECTION   4.   This act takes effect July 1, 1996./

Amend title to conform.

/s/Phil P. Leventis               /s/Becky Meacham
/s/James A. Lander                /s/John W. Riser
/s/Larry A. Martin                /s/Teddy N. Trotter
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

A message was sent to the House accordingly.

Columbia, S.C., June 12, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on the following Bill:

H. 3730 -- Reps. J. Young, Allison, Askins, Bailey, Baxley, Beatty, Boan, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Huff, Hutson, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kinon, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Scott, Seithel, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Vaughn, Waldrop, Walker, Wells, Whatley, S. Whipper, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1995" AND TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN INDIVIDUALS TO CARRY CONCEALED WEAPONS.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 13, 1996

Mr. President and Senators:

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

H. 3730 -- Reps. J. Young, Allison, Askins, Bailey, Baxley, Beatty, Boan, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Huff, Hutson, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kinon, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Scott, Seithel, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Vaughn, Waldrop, Walker, Wells, Whatley, S. Whipper, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1995" AND TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN INDIVIDUALS TO CARRY CONCEALED WEAPONS.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 12, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on the following Bill:

H. 3845 -- Rep. Cromer: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF THE JURY LIST FOR EACH COUNTY FROM A TAPE OF PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE, SO AS TO PROVIDE THAT THIS JURY LIST SHALL BE FURNISHED IN 1995 AND EVERY THIRD YEAR THEREAFTER RATHER THAN EACH YEAR, AND TO REVISE THE MONTHS IN WHICH THE LIST IS COMPILED AND FURNISHED.
Very respectfully,
Speaker of the House

The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

A message was sent to the House accordingly.

Columbia, S.C., June 12, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4443 -- Reps. Wright, Richardson, Cooper, Townsend, Allison, Littlejohn, Kelley and Jaskwhich: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 40 SO AS TO ENACT THE SOUTH CAROLINA CHARTER SCHOOL ACT WHICH PROVIDES FOR THE MANNER IN WHICH A CHARTER SCHOOL SHALL BE FORMED, FUNDED, REGULATED, AND GOVERNED, AND TO ESTABLISH A CHARTER SCHOOLS REVIEW COMMITTEE TO REVIEW THE IMPLEMENTATION AND EFFECTIVENESS OF THIS ACT.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 12, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4469 -- Reps. Wilkins, Sharpe, Haskins, Cato, D. Smith, Townsend, J. Brown and Harrison: A BILL TO ENACT THE "SOUTH CAROLINA EFFECTIVE DEATH PENALTY ACT OF 1996" INCLUDING PROVISIONS TO ADD SECTION 16-3-21, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO PROHIBIT, WITHOUT PRIOR COURT APPROVAL, CONTACT WITH JURORS WHO SENTENCED AN INDIVIDUAL TO DEATH BY ATTORNEYS OR AGENTS OF THAT INDIVIDUAL; BY ADDING SECTION 17-25-375 SO AS TO FURTHER PROVIDE FOR PROCEDURES FOR THE SETTING OF EXECUTION DATES; BY AMENDING SECTION 17-25-380, RELATING TO NOTICES OF THE INTENT TO EXECUTE A DEATH SENTENCE, SO AS TO FURTHER PROVIDE FOR THESE NOTICE REQUIREMENTS; BY ADDING SECTION 17-27-130 SO AS TO CLARIFY THE CIRCUMSTANCES WHEN THE ATTORNEY-CLIENT PRIVILEGE IS WAIVED IN STATE POST-CONVICTION PROCEEDINGS, AND TO PROVIDE FOR CERTAIN ACCESS OF NEW COUNSEL TO THE FILES OF PRIOR COUNSEL IN CASES OF DEFENDANTS SENTENCED TO DEATH; BY ADDING SECTION 17-27-140 SO AS TO REQUIRE THE SENTENCING TRIAL JUDGE IN CAPITAL CASES TO PRESIDE OVER COLLATERAL REVIEW PROCEEDINGS UNLESS ACTUAL BIAS OR PREJUDICE IS FOUND TO EXIST; BY ADDING SECTION 17-27-150 SO AS TO PROVIDE THAT DISCOVERY PROCESSES ARE ONLY AVAILABLE TO THE PARTIES IN A STATE POST-CONVICTION RELIEF CASE UPON A SHOWING OF GOOD CAUSE; AND BY ADDING SECTION 17-27-160 SO AS TO PROVIDE FOR TIME LIMITS IN CERTAIN MATTERS IN STATE POST-CONVICTION RELIEF CASES INVOLVING A SENTENCE OF DEATH FOR THE PURPOSE OF EXPEDITING REVIEW OF SUCH CASES, AND TO FURTHER PROVIDE FOR THE APPOINTMENT AND COMPENSATION OF COUNSEL IN THESE CASES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

H. 4518 -- Reps. Haskins, Carnell, Felder, Koon, J. Young, Witherspoon, Hutson, Limbaugh, Cain, Stuart, Allison, Quinn, Tripp and Vaughn: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CREDIT OF THE STATE AND ITS POLITICAL SUBDIVISIONS, SO AS TO REMOVE THE PROHIBITION ON THE STATE AND ITS POLITICAL SUBDIVISIONS FROM BECOMING JOINT OWNERS OF OR STOCKHOLDERS IN A COMPANY, ASSOCIATION, OR CORPORATION AND TO CONFORM OTHER LANGUAGE OF THE PARAGRAPH TO THIS REVISION.

On motion of Senator THOMAS, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senators THOMAS and BRYAN spoke on the report.

The question then was the adoption of the Report of the Committee of Conference.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander                 Boan                      Bryan
Cork                      Courson                   Courtney
Drummond*                 Elliott                   Fair
Ford                      Giese                     Glover
Gregory                   Hayes                     Holland
Hutto                     Jackson                   Land
Lander                    Leatherman                Leventis
Martin                    Matthews*                 McConnell
McGill                    Mescher                   Moore
O'Dell                    Passailaigue              Patterson
Peeler                    Rankin                    Reese
Richter                   Rose                      Russell
Ryberg                    Saleeby                   Setzler
Short                     Smith, G.                 Smith, J.V.
Thomas                    Waldrep                   Washington
Wilson                    

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

The Report of the Committee of Conference to H.4518 was adopted as follows:

The COMMITTEE OF CONFERENCE, to whom was referred:

H. 4518 -- Reps. Haskins, Carnell, Felder, Koon, J. Young, Witherspoon, Hutson, Limbaugh, Cain, Stuart, Allison, Quinn, Tripp and Vaughn: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CREDIT OF THE STATE AND ITS POLITICAL SUBDIVISIONS, SO AS TO REMOVE THE PROHIBITION ON THE STATE AND ITS POLITICAL SUBDIVISIONS FROM BECOMING JOINT OWNERS OF OR STOCKHOLDERS IN A COMPANY, ASSOCIATION, OR CORPORATION AND TO CONFORM OTHER LANGUAGE OF THE PARAGRAPH TO THIS REVISION.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/SECTION   1.   It is proposed that SECTION 16, Article X of the Constitution of this State be amended by adding a new paragraph at the end to read:

"Notwithstanding the provisions of Section 11 of this article, the funds of the various state-operated retirement systems may be invested and reinvested in equity securities of any corporation within the United States that is registered on a national securities exchange as provided in the Securities Exchange Act of 1934 or any successor act or quoted through the National Association of Securities Dealers Automatic Quotations System or similar service. Upon the enactment of the implementing legislation required by this paragraph, there is established the State Retirement Systems Investment Panel. The panel shall consist of five members, one each appointed by the Governor, the State Treasurer, the Comptroller General, and the chairmen of the respective committees of the Senate and House of Representatives having subject matter jurisdiction over appropriations. The appointee of the Governor shall serve as chairman. All persons appointed must possess substantial financial investment experience and no person may be appointed or continue to serve who is an elected or appointed officer or employee of the State or any of its political subdivisions, including school districts. The General Assembly shall implement this paragraph by enacting legislation establishing the panel and providing for the terms, duties, and compensation of its members, and which specifically authorizes the investments allowed by this paragraph, and may provide limitations on investments in equity securities as it considers prudent. The panel established by this paragraph shall not exist until it is established in the implementing legislation required pursuant to this paragraph."

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 16, Article X of the Constitution of this State be amended so as to allow the investment and reinvestment of the funds of the various state-operated retirement systems in the equity securities of any corporation within the United States that is registered on a national securities exchange as provided in the Securities Exchange Act of 1934 or any successor act or quoted through the National Association of Securities Dealers Automatic Quotations System or a similar service, to establish upon the enactment of implementing legislation the State Retirement Systems Investment Panel, to provide that the panel consists of five members, one each appointed by the Governor, the State Treasurer, the Comptroller General, and the chairmen of the respective committees of the Senate and House of Representatives having subject matter jurisdiction over appropriations with the Governor's appointee serving as chairman, to require all appointees to possess substantial financial investment experience, and to provide that no public officer or employee may serve on the panel, to require the General Assembly to implement this new paragraph by enacting legislation establishing the panel, providing for the terms, duties, and compensation of its members, and specifically authorizing the investments allowed by this paragraph and authorizing statutory limits on investments in equity securities as the General Assembly determines prudent, and to provide that this panel shall not exist until the required implementing legislation is enacted?

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

Amend title to read:

PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PUBLIC-FUNDED RETIREMENT SYSTEMS, SO AS TO AUTHORIZE THE INVESTMENT AND REINVESTMENT OF ASSETS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS IN EQUITY SECURITIES OF CORPORATIONS WITHIN THE UNITED STATES REGISTERED ON A NATIONAL SECURITIES EXCHANGE OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATIONS SYSTEM, TO PROVIDE FOR THE ESTABLISHMENT OF THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL AND PROVIDE FOR ITS MEMBERSHIP, AND TO PROVIDE THAT THE PANEL SHALL NOT EXIST UNTIL THE GENERAL ASSEMBLY ENACTS IMPLEMENTING LEGISLATION ESTABLISHING THE PANEL, PROVIDING THE TERMS, DUTIES, AND COMPENSATION OF ITS MEMBERS, AUTHORIZING THE INVESTMENTS ALLOWED PURSUANT TO THIS AMENDMENT AND WHICH ALSO MAY PROVIDE THOSE LIMITATIONS ON INVESTMENTS IN EQUITY SECURITIES CONSIDERED PRUDENT BY THE GENERAL ASSEMBLY./

/s/John W. Drummond               /s/Henry E. Brown, Jr.
/s/David L. Thomas                /s/Herbert Kirsh
/s/Darrell Jackson                /s/Richard M. Quinn, Jr.
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Columbia, S.C., June 12, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on the following Bill:

H. 4518 -- Reps. Haskins, Carnell, Felder, Koon, J. Young, Witherspoon, Hutson, Limbaugh, Cain, Stuart, Allison, Quinn, Tripp and Vaughn: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CREDIT OF THE STATE AND ITS POLITICAL SUBDIVISIONS, SO AS TO REMOVE THE PROHIBITION ON THE STATE AND ITS POLITICAL SUBDIVISIONS FROM BECOMING JOINT OWNERS OF OR STOCKHOLDERS IN A COMPANY, ASSOCIATION, OR CORPORATION AND TO CONFORM OTHER LANGUAGE OF THE PARAGRAPH TO THIS REVISION.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 13, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that the report of the Committee of Conference having been adopted by both Houses, and this Joint Resolution having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification:

H. 4518 -- Reps. Haskins, Carnell, Felder, Koon, J. Young, Witherspoon, Hutson, Limbaugh, Cain, Stuart, Allison, Quinn, Tripp and Vaughn: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CREDIT OF THE STATE AND ITS POLITICAL SUBDIVISIONS, SO AS TO REMOVE THE PROHIBITION ON THE STATE AND ITS POLITICAL SUBDIVISIONS FROM BECOMING JOINT OWNERS OF OR STOCKHOLDERS IN A COMPANY, ASSOCIATION, OR CORPORATION AND TO CONFORM OTHER LANGUAGE OF THE PARAGRAPH TO THIS REVISION.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 12, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4557 -- Rep. Kirsh: A BILL TO AMEND CHAPTER 21, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS LICENSE TAXES, BY ADDING ARTICLE 24 ENACTING THE BINGO TAX ACT OF 1996 SO AS TO REGULATE THE GAME OF BINGO AND PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO ALLOW THE DEDUCTION OF BINGO PRIZES AND WINNINGS; TO AMEND SECTION 12-8-530, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO EXEMPT BINGO PRIZES AND WINNINGS FROM WITHHOLDING, TO PROVIDE THAT ALL CURRENT BINGO LICENSES EXPIRE AFTER SEPTEMBER 30, 1997, TO SAVE PROCEEDINGS UNDERWAY ON OCTOBER 1, 1997, AND PROVIDE FOR THEIR DISPOSITION UNDER FORMER LAW; TO REPEAL ARTICLE 23, CHAPTER 21, TITLE 12, RELATING TO BINGO REGULATION; AND TO PROVIDE THAT THE BINGO TAX ACT OF 1996 TAKES EFFECT OCTOBER 1, 1997.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

H. 4861 -- Rep. Boan: A BILL TO AMEND CHAPTER 57, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF REAL ESTATE BROKERS, COUNSELORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS, SO AS TO REVISE THE CHAPTER TO CONFORM TO A UNIFORM FRAMEWORK FOR THE ORGANIZATION AND OPERATION OF PROFESSIONAL AND OCCUPATIONAL BOARDS.

Senator CORK asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Senator LANDER spoke on the Bill.

Senator McCONNELL proposed the following Amendment No. 1 (4861R001.GFM), which was adopted:

Amend the bill, as and if amended, beginning on page 19, by striking lines 28 through 43 and continuing on to page 20 and striking lines 1 through 9, and inserting in lieu thereof the following:

/Section 40-57-40.   (A)   The South Carolina Real Estate Commission consists of nine members of whom:

(1)   Six members who are professionally engaged in the practice of real estate, one elected from each of the six congressional districts by the legislative delegation, including the Senators, of the counties compromising each of the congressional districts.

(2)   Three members representing the public who are not professionally engaged in the practice of real estate, each appointed by the Governor with the advice and consent of the Senate.

(B)   Except as provided in subsection (E), commission members serve a term of four years and until their successors are appointed and qualify. No member may serve more than two consecutive full terms. A vacancy on the commission must be filled in the manner of the original appointment for the remainder of the unexpired term.

(C)   Before entering upon the discharge of the duties of the office, a member shall take and file with the Secretary of State, or other appropriate office charged with the duties of the Secretary of State as its successor entity, in writing an oath to perform the duties of the office as a member of the commission and to uphold the constitutions of this State and the United States.

(D)   A member may be removed from office in accordance with Section 1-3-240.

(E)   In order to establish terms which do not expire simultaneously, those members elected under subsection (A)(1) to fill seats which terms expire on June 30, 1996, shall serve for terms which expire as follows: two members on June 30, 1998; two members on June 30, 1999; and two members on June 30, 2000./

Renumber sections to conform.

Amend title to conform.

Senator LANDER explained the amendment.

Senator LANDER moved that the amendment be adopted.

The amendment was adopted.

On motion of Senator LANDER, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.

H. 4277 -- Reps. Walker, Baxley and Fleming: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-13-85 SO AS TO INCLUDE IN UNLAWFUL EMPLOYMENT PRACTICES THE CONDUCTING OF MEDICAL EXAMINATIONS AND INQUIRIES AND TO PROVIDE CONDITIONS UNDER WHICH THEY MAY BE CONDUCTED; TO AMEND SECTIONS 1-13-20, 1-13-30, AS AMENDED, 1-13-70, 1-13-80, AS AMENDED, 1-13-90, AND 1-13-100, RELATING TO THE STATE HUMAN AFFAIRS COMMISSION AND UNLAWFUL EMPLOYMENT PRACTICES AND THE PROHIBITION AGAINST DISCRIMINATION IN EMPLOYMENT BASED ON RACE, RELIGION, COLOR, SEX, NATIONAL ORIGIN, AND AGE, SO AS TO ALSO PROHIBIT DISCRIMINATION BASED ON DISABILITY AND TO DEFINE "DISABILITY" AND TO FURTHER PROVIDE HOW DISCRIMINATION BASED ON A DISABILITY IS AN UNLAWFUL EMPLOYMENT PRACTICE; TO AMEND SECTIONS 43-33-520, 43-33-530, 43-33-560, AND 43-33-570, RELATING TO THE BILL OF RIGHTS FOR HANDICAPPED PERSONS, SO AS TO DELETE PROVISIONS RELATING TO EMPLOYMENT; TO REPEAL SECTION 43-33-550 RELATING TO THE JURISDICTION OF THE STATE HUMAN AFFAIRS COMMISSION OVER COMPLAINTS OF EMPLOYMENT DISCRIMINATION; AND TO REPEAL SECTION 43-33-580 RELATING TO THE EXEMPTION OF CONTRACTORS AND SUBCONTRACTORS FROM STATE DISCRIMINATION LAWS WHEN THEY ARE SUBJECT TO SUCH FEDERAL LAWS.

Senator LEVENTIS asked unanimous consent to take up the Bill for immediate consideration.

There was no objection.

Senator LEVENTIS spoke on the Bill.

Senator LEVENTIS asked unanimous consent to recall the Bill from Legislative Council.

At 12:10 P.M., Senator MARTIN assumed the Chair.

Senator LEVENTIS spoke on the motion.

Senator LEATHERMAN objected.

Columbia, S.C., June 12, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on the following Bill:

S. 1101 -- Senator Holland: A BILL TO AMEND SECTION 7-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-35, RELATING TO ELECTION AND REGISTRATION COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-70, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION AND MANAGERS OF ELECTION, SO AS TO PROVIDE THAT COMMISSIONERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION, TO FURTHER DELETE PROVISIONS RELATING TO THE APPOINTMENT OF MANAGERS; AND TO ADD SECTION 7-13-72, RELATING TO THE APPOINTMENT OF MANAGERS AND CLERKS.
Very respectfully,
Speaker of the House

S. 1101 -- Senator Holland: A BILL TO AMEND SECTION 7-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-35, RELATING TO ELECTION AND REGISTRATION COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-70, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION AND MANAGERS OF ELECTION, SO AS TO PROVIDE THAT COMMISSIONERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION, TO FURTHER DELETE PROVISIONS RELATING TO THE APPOINTMENT OF MANAGERS; AND TO ADD SECTION 7-13-72, RELATING TO THE APPOINTMENT OF MANAGERS AND CLERKS.

On motion of Senator HOLLAND, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator HOLLAND spoke on the report.

On motion of Senator HOLLAND, the Report of the Committee of Conference to S. 1101 was adopted as follows:

The COMMITTEE OF CONFERENCE, to whom was referred:

S. 1101 -- Senator Holland: A BILL TO AMEND SECTION 7-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-35, RELATING TO ELECTION AND REGISTRATION COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-70, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION AND MANAGERS OF ELECTION, SO AS TO PROVIDE THAT COMMISSIONERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION, TO FURTHER DELETE PROVISIONS RELATING TO THE APPOINTMENT OF MANAGERS; AND TO ADD SECTION 7-13-72, RELATING TO THE APPOINTMENT OF MANAGERS AND CLERKS.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/SECTION   1.   Section 7-5-10 of the 1976 Code is amended to read:

"Section 7-5-10.   Between the first day of January and the fifteenth day of March in every even-numbered year the Governor shall appoint, by and with the advice and consent of the Senate, not less than three nor more than five competent and discreet persons in each county, who are qualified electors of that county and who must be known as the board of registration of __________ County. The Governor shall notify the State Election Commission in writing of the appointments. The members appointed are subject to removal by the Governor for incapacity, misconduct, or neglect of duty.

Members must complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission."

SECTION   2.   Section 7-5-35 of the 1976 Code is amended to read:

"Section 7-5-35.   If a county operates its elections through an a combined election and registration commission composed of seven members, the structure and composition are not affected or changed by the provisions of this act. However, the provisions for inclusion of majority and minority party representatives upon the combined commission and upon the expanded commission as constituted for primary elections and protests must be applied to the seven-member combined commission, mutatis mutandis.

Commissioners must complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission."

SECTION   3.   Section 7-13-70 of the 1976 Code is amended to read:

"Section 7-13-70.   For the purpose of carrying on general or special elections provided for in Section 7-13-10, the Governor, at least ninety days before the election, shall must appoint for each county not less than three nor more than five commissioners of election upon the recommendation of the senatorial delegation and at least half of the members of the House of Representatives from the respective counties. The Governor shall must notify the State Election Commission in writing of the appointments. The State Election Commission shall must verify that at least one of the appointees represents the largest political party and one represents the second largest political party as determined by the composition of that county's delegation in the General Assembly or the makeup of the General Assembly as a whole if the county's delegation is composed of only one party's members. The commissioners shall continue in office until their successors are appointed and qualified. For the general election held on the first Tuesday following the first Monday in November in each even-numbered year, the commissioners of election shall appoint three managers of election for each polling place in the county for which they must respectively be appointed for each five hundred electors, or portion of each five hundred electors, registered to vote at the polling place. For primary elections held on the second Tuesday in June of each general election year, the commissioners of election shall appoint three managers of election for each polling place in the county for which they must respectively be appointed for the first five hundred electors registered to vote in each precinct in the county, and may appoint three additional managers for each five hundred electors registered to vote in the precinct above the first five hundred electors, or portion thereof. The commissioners shall also appoint from among the managers a clerk for each polling place in the county, and none of the officers may be removed from office except for incompetence or misconduct. For all other primaries, special, or municipal elections, the authority charged by law with conducting the primaries, special, or municipal elections shall appoint three managers of election for the first five hundred electors registered to vote in each precinct in the county, municipality, or other election district and one additional manager for each five hundred electors registered to vote in the precinct above the first five hundred electors. The authority responsible by law for conducting the election shall also appoint from among the managers a clerk for each polling place in a primary, special, or municipal election. Forty-five days prior to any primary, except municipal primaries, each political party holding a primary may submit to the county election commission a list of prospective managers for each precinct. The county election commission must appoint at least one manager for each precinct from the list of names submitted by each political party holding a primary. However, the county election commission may refuse to appoint any prospective manager for good cause. No person may be appointed as a manager in a primary who has not completed a training program concerning his duties and responsibilities as a poll manager and who has not received certification of having completed the training program. The training program and the issuance of certification must be carried out by the county election commission. After their appointment the commissioners, managers, and clerks shall must take and subscribe, before any officer authorized to administer oaths, the following oath of office prescribed by Section 26 of Article III of the Constitution: 'I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the United States. So help me God'.

It The oath must be immediately filed in the office of the clerk of court of common pleas of the county in which the commissioners, managers, and clerks are appointed, or, if there is no clerk of court, in the office of the Secretary of State. Before opening the polls, the managers of election shall take and subscribe the oath provided for in Section 7-13-100. Upon the completion of the canvassing of votes, this oath must be filed with the commissioners of election along with the ballots from that election precinct.

Commissioners must complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission."

SECTION 4.   The 1976 Code is amended by adding:

"Section 7-13-72. For the general election held on the first Tuesday following the first Monday in November in each even-numbered year, the commissioners of election must appoint three managers of election for each polling place in the county for which they must respectively be appointed for each five hundred electors, or portion of each five hundred electors, registered to vote at the polling place.

For primary elections held on the second Tuesday in June of each general election year, the commissioners of election must appoint three managers of election for each polling place in the county for which they must respectively be appointed for the first five hundred electors registered to vote in each precinct in the county, and may appoint three additional managers for each five hundred electors registered to vote in the precinct above the first five hundred electors, or portion thereof. The commissioners must also appoint from among the managers a clerk for each polling place in the county, and none of the officers may be removed from office except for incompetence or misconduct.

For all other primary, special, or municipal elections, the authority charged by law with conducting the primary, special, or municipal elections must appoint three managers of election for the first five hundred electors registered to vote in each precinct in the county, municipality, or other election district and one additional manager for each five hundred electors registered to vote in the precinct above the first five hundred electors. The authority responsible by law for conducting the election must also appoint from among the managers a clerk for each polling place in a primary, special, or municipal election.

Forty-five days prior to any primary, except municipal primaries, each political party holding a primary may submit to the county election commission a list of prospective managers for each precinct. The county election commission must appoint at least one manager for each precinct from the list of names submitted by each political party holding a primary. However, the county election commission may refuse to appoint any prospective manager for good cause.

No person may be appointed as a manager in a primary, general, or special election who has not completed a training program approved by the State Election Commission concerning his duties and responsibilities as a poll manager and who has not received certification of having completed the training program. The training program and the issuance of certification must be carried out by the county election commission. After their appointment, the managers and clerks must take and subscribe, before any officer authorized to administer oaths, the following oath of office prescribed by Section 26 of Article III of the Constitution: 'I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the United States. So help me God'.

The oath must be immediately filed in the office of the clerk of court of common pleas of the county in which the managers and clerks are appointed, or if there is no clerk of court, in the office of the Secretary of State. Before opening the polls, the managers of election must take and subscribe the oath provided for in Section 7-13-100. Upon the completion of the canvassing of votes, this oath must be filed with the commissioners of election along with the ballots from that election precinct."

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

Amend title to conform.

/s/Donald H. Holland              /s/James L. Mann "Bubba" Cromer, Jr.
/s/Glenn F. McConnell             /s/Heyward G. Hutson
John W. Matthews, Jr.             /s/Ronald N. Fleming
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Columbia, S.C., June 13, 1996

Mr. President and Senators:

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

S. 1101 -- Senator Holland: A BILL TO AMEND SECTION 7-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-35, RELATING TO ELECTION AND REGISTRATION COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-70, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION AND MANAGERS OF ELECTION, SO AS TO PROVIDE THAT COMMISSIONERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION, TO FURTHER DELETE PROVISIONS RELATING TO THE APPOINTMENT OF MANAGERS; AND TO ADD SECTION 7-13-72, RELATING TO THE APPOINTMENT OF MANAGERS AND CLERKS.
Very respectfully,
Speaker of the House

Received as information.

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 4704 -- Reps. McElveen, J. Young, Harvin, Neal, Canty and G. Brown: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 108 SO AS TO ESTABLISH THE MID-CAROLINA COMMISSION FOR HIGHER EDUCATION AND PROVIDE FOR THE MEMBERSHIP, FUNCTIONS, DUTIES, AND POWERS OF THE COMMISSION, TO DEVOLVE THE POWERS AND DUTIES OF THE SUMTER COUNTY COMMISSION FOR HIGHER EDUCATION UPON THE COMMISSION; AND TO REPEAL ACT 50 OF 1965 AND ACT 822 OF 1973 RELATING TO THE SUMTER COUNTY COMMISSION FOR HIGHER EDUCATION.

Senator LEVENTIS asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 4472 -- Reps. Klauber, Hallman, Seithel, H. Brown, Sandifer, Cain, Kirsh, Richardson, R. Smith, Bailey, Fulmer, Wofford, Young-Brickell, Dantzler, Koon, Wilkins, J. Young, Cato, Limbaugh, Carnell, J. Harris, Wells, Allison, Spearman, Waldrop and Phillips: A BILL TO AMEND TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTIONS AND PRISONERS, BY ADDING CHAPTER 27 SO AS TO REQUIRE SPECIFIED PAYMENTS OF FILING FEES AND COURT COSTS REGARDING INMATE LITIGATION, TO PROVIDE FOR THE LOSS OF EARNED WORK, EDUCATION, AND GOOD-TIME CREDITS BY A PRISONER IF THE COURT FINDS HE ENGAGED IN CERTAIN IMPROPER ACTIONS REGARDING LEGAL OR ADMINISTRATIVE PROCEEDINGS, AND TO PREVENT A PRISONER FROM BRINGING CERTAIN CIVIL ACTIONS OR APPEALS IF HE HAS BEEN FOUND ON THREE OR MORE PRIOR OCCASIONS OF HAVING INSTITUTED FRIVOLOUS LITIGATION.

Senator McCONNELL asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

At 12:37 P.M., Senator J. VERNE SMITH made a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 1:00 P.M.

There was no objection and a message was sent to the House accordingly.

H. 3584 -- Reps. Allison and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-25 SO AS TO PROVIDE THAT BEGINNING IN 1995 MEMBERS OF THE BOARDS OF TRUSTEES OF SCHOOL DISTRICTS MUST BE ELECTED IN NONPARTISAN ELECTIONS ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER, TO PROVIDE FOR CURRENT MEMBERS TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY, TO PROVIDE FOR THE METHOD OF NOMINATION OF CANDIDATES, FILLING OF VACANCIES, AND CONDUCT OF THE ELECTIONS, AND TO PROHIBIT CANDIDATES FOR SUCH OFFICES FROM REQUESTING OR ACCEPTING CONTRIBUTIONS FROM POLITICAL PARTIES OR FROM SUGGESTING POLITICAL PARTY AFFILIATION ON CAMPAIGN LITERATURE.

On motion of Senator BRYAN, with unanimous consent, the Bill was taken up for immediate consideration.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 2A (PFM\9426DW.96) proposed by Senator BRYAN and previously printed in the Journal of May 21, 1996.

On motion of Senator BRYAN, with unanimous consent, Amendment No. 2A was withdrawn.

On motion of Senator BRYAN, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.

H. 3584 -- Reps. Allison and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-25 SO AS TO PROVIDE THAT BEGINNING IN 1995 MEMBERS OF THE BOARDS OF TRUSTEES OF SCHOOL DISTRICTS MUST BE ELECTED IN NONPARTISAN ELECTIONS ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER, TO PROVIDE FOR CURRENT MEMBERS TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY, TO PROVIDE FOR THE METHOD OF NOMINATION OF CANDIDATES, FILLING OF VACANCIES, AND CONDUCT OF THE ELECTIONS, AND TO PROHIBIT CANDIDATES FOR SUCH OFFICES FROM REQUESTING OR ACCEPTING CONTRIBUTIONS FROM POLITICAL PARTIES OR FROM SUGGESTING POLITICAL PARTY AFFILIATION ON CAMPAIGN LITERATURE.

On motion of Senator BRYAN, with unanimous consent, the Bill was taken up for immediate consideration.

Having voted on the prevailing side, Senator BRYAN moved to reconsider the vote whereby the Bill was given second reading with notice of general amendments.

There was no objection.

The Senate resumed consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.

Senator COURSON proposed the following Amendment No. 3 (3584R003.JEC), which was adopted:

Amend the Report of the Committee on Education, as and if amended, page 3584-1, by striking lines 25 through 30 and inserting:

/"Section 59-19-25.   (A)(1)   Notwithstanding any other provisions of law or special act providing for the appointment or election of school trustees in any school district, members of the boards of trustees for the school districts of this State must be elected in nonpartisan elections occurring on the first Tuesday after the first Monday in November in either an odd-numbered year or an even-numbered year to be determined as currently provided in law./

Amend title to conform.

Senator BRYAN explained the amendment.

Senator BRYAN moved that the amendment be adopted.

The amendment was adopted.

Senator BRYAN proposed the following Amendment No. 6 (PT\2278DW.96), which was adopted:

Amend the Report of the Committee on Education, as and if amended, SECTION 1, Section 59-19-25(A)(1), page 3584-1, line 27, by striking /1996/ and inserting / 1998 or in 1999, as determined by the entity charged by law with setting the election date for school trustees in any district/.

Amend the report further, page 3584-1, line 30, by inserting after /November./ /However, the provisions of this item (1) do not apply to school boards whose trustees are elected at the time of the general election./

Amend title to conform.

Senator BRYAN explained the amendment.

Senator BRYAN moved that the amendment be adopted.

The amendment was adopted.

The question then was the adoption of the amendment proposed by the Committee on Education, as perfected.

The Committee on Education proposed the following amendment (S-EDUC\3584.1), which was adopted, as perfected:

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 59-19-25.   (A)   (1)   Notwithstanding any other provision of law or special act providing for the appointment or election of school trustees in any school district, beginning in 1996, members of the boards of trustees for the school districts of this State must be elected in nonpartisan elections occurring on the first Tuesday after the first Monday in November.

(2)   All current members of the boards of trustees of the school districts whose terms expire in a different month of the year continue to serve until their successors are elected and qualify in the manner provided in this section.

(3)   The terms for all persons elected to the boards of trustees commence as provided in Section 59-19-315, unless otherwise provided by law applicable to the particular district.

(B)   (1)   Candidates for these offices which are filled in nonpartisan elections on the effective date of this section must be nominated by the method provided by law for the office affected.

(2)   Candidates for these offices which are filled in partisan elections on the effective date of this section must be nominated by petition as provided in Section 7-11-70 or by declaration of candidacy filed with the appropriate election commission or authority conducting the election.

(3)   The elections provided for in this section must be conducted pursuant to the provisions of Title 7 of the 1976 Code, mutatis mutandis, except as otherwise provided for in this section or in other provisions of law relating to that particular school district.

(4)   Vacancies in these offices must be filled as provided by law, except that if an election is required, it must be a nonpartisan election conducted in the manner required by this section.

(5)   The results of these elections must be determined in the manner provided by law for that district, except that if no such provision of law is now applicable to that district, the results must be determined in accordance with the nonpartisan plurality method contained in Section 5-15-61.

(C)   Candidates for the office of trustee for the boards of trustees for the school districts of this State are prohibited from soliciting or accepting a contribution, gift, loan, or any other thing of value from a certified political party or from any person or entity acting for or on behalf of a certified political party. No candidate, candidate's committee, or person or entity acting for or on behalf of a candidate or candidate's committee may publish or distribute campaign literature which in any way states, implies, or suggests party affiliation."

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

Amend title to conform.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

H. 4861 -- Rep. Boan: A BILL TO AMEND CHAPTER 57, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF REAL ESTATE BROKERS, COUNSELORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS, SO AS TO REVISE THE CHAPTER TO CONFORM TO A UNIFORM FRAMEWORK FOR THE ORGANIZATION AND OPERATION OF PROFESSIONAL AND OCCUPATIONAL BOARDS.

On motion of Senator LEATHERMAN, with unanimous consent, the Bill was taken up for immediate consideration.

Having voted on the prevailing side, Senator LEATHERMAN moved to reconsider the vote whereby the Bill was given a second reading with notice of general amendments.

There was no objection.

The Senate resumed consideration of the Bill, the question being the second reading of the Bill.

Senator LEATHERMAN proposed the following Amendment No. 3 (4861R002.HKL), which was adopted:

Amend the bill, as and if amended, page 22, by striking lines 6 through 18, and inserting in lieu thereof the following:

/real estate from an accredited college or university, or the commission may, at its discretion, accept proof of at least five years of equivalent experience immediately preceding license application in business activities closely related to real estate transactions;

(2)   For a broker's license, completion of ninety hours, including the sixty hours completed for salesman's license, of classroom instruction in advanced real estate principles and practices and related topics plus three years of experience as a licensee. In lieu of the experience and classroom hours required for taking the broker's license examination, an applicant may furnish to the department evidence of a Juris Doctor, Bachelor of Laws degree, or a baccalaureate degree with a major in real estate from an accredited college or university, or the commission may, at its discretion, accept proof of at least five years of equivalent experience immediately preceding license application in business activities closely related to real estate transactions;

(3)   For a property manager's license, completion of thirty hours of classroom instruction in property management principles and practices. In lieu of classroom hours required for taking the property manager's license examination, an applicant may furnish to the department evidence of a Juris Doctor, Bachelor of Laws degree, or a baccalaureate degree with a major in real estate from an accredited college or university, or the commission may, at its discretion, accept proof of at least five years of equivalent experience immediately preceding license application in business activities closely related to real estate transactions./

Amend the bill further, as and if amended, page 26, line 22, by striking /sixty/ and inserting in lieu thereof/sixty-five/

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN explained the amendment.

Senator LEATHERMAN moved that the amendment be adopted.

The amendment was adopted.

Senator CORK proposed the following Amendment No. 4 (4861R003.HAC), which was adopted:

Amend the bill, as and if amended, page 18, line 12, by striking /publication,/.

Amend the bill further, as and if amended, page 18, by striking lines 38 through 39.

Amend the bill further, as and if amended, page 23, by striking line 15, and inserting in lieu thereof the following:

/(1) has an ownership interest in the/.

Amend the bill further, as and if amended, page 23, line 17, by striking line 17 and inserting in lieu thereof the following:

/(2) is actively engaged in the operation and/.

Amend the bill further, as and if amended, page 28, by striking lines 18 and 19, and inserting in lieu thereof the following:

/deposit, and the dispute is not resolved/

Amend the bill further, as and if amended, page 32, by striking lines 5 through 8.

Amend the bill further, as and if amended, page 33, by striking line 1, and inserting in lieu thereof the following:

/(E) The management/.

Amend the bill further, as and if amended, page 33, by striking lines 3 and 4 and inserting in lieu thereof the following:

/(1) The department at its discretion may permit multiple multi-unit rental property locations to be managed by one licensee./.

Amend the bill further, as and if amended, page 44, by striking lines 19 through 24, and inserting in lieu thereof the following:

/(A) any transaction involving the sale, rental, or leasing of real estate by an unlicensed owner of real estate who owns any interest in the real estate;/

Renumber sections to conform.

Amend title to conform.

Senator CORK explained the amendment.

Senator CORK moved that the amendment be adopted.

The amendment was adopted.

Senators J. VERNE SMITH, LANDER and ALEXANDER proposed the following Amendment No. 2 (S-LCI\4861.001), which was adopted:

Amend the bill, as and if amended, page 22, Section 40-57-100(A), by striking item (3), lines 16 through 18, and inserting:

/(3)   For a property manager's license, completion of thirty hours of classroom instruction in property management principles and practices. In lieu of the classroom instruction required for taking the property manager's examination, an applicant may furnish to the department evidence of a Juris Doctor, Bachelor of Laws degree, or a baccalaureate degree with a major in real estate from an accredited college or university./

Amend the bill further, as and if amended, page 26, by striking Section 40-57-130, lines 3 through 32, and inserting:

/Section 40-57-130. (A) As a condition of active license renewal, a broker or salesman shall provide proof of satisfactory completion biennially of eight hours of instruction in courses approved by the department and taught by instructors approved by the department. The eight hours shall include a minimum of two hours of instruction in current federal and state law affecting brokers and salesmen.

(B) The following are exempt from the mandatory continuing education program:

(1) a broker or salesman who successfully completes a thirty-hour postlicensing course or a licensee who successfully completes the thirty-hour course for qualification as a broker;

(2) a broker or salesman while on inactive status; however, the eight-hour requirement must be completed and proof submitted with an application to return to active status;

(3) instructors of approved courses if they request in writing continuing education credit for time spent teaching or developing approved continuing education courses;

(4) a nonresident broker or salesman who has successfully satisfied the continuing education requirements of the jurisdiction of residence;

(5) a broker or salesman upon reaching the age of sixty years with a minimum of twenty-five years of licensure.

(C) Brokers or salesmen taking more than the required number of hours during a two-year period may not carry forward any excess hours to another renewal period.

(D) A broker or salesman who fails to complete continuing education requirements by the date of license renewal may renew by applying applicable fees, but must immediately be placed on inactive status and may not engage in the practice of real estate while on inactive status. The license may be reactivated upon proof of completion of required continuing education and payment of applicable fees./

Amend the bill further, as and if amended, page 44, Section 40-57-240, by striking item (A), lines 19 through 24, and inserting:

/(A)   an unlicensed owner of real estate who owns any interest in the real estate;/

Amend the bill further, as and if amended, page 44, by deleting Section 40-57-250.

Amend title to conform.

Senator LANDER explained the amendment.

Senator LANDER moved that the amendment be adopted.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

At 12:50 P.M., on motion of Senator BRYAN, the Senate receded from business until 1:00 P.M.

At 1:00 P.M., the Senate resumed.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 1:00 P.M. and the following Acts and Joint Resolutions were ratified:

(R497) S. 95 -- Senators McConnell, Courson, Rose, Gregory and O'Dell: AN ACT TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF ROBBERY AND ATTEMPTED ROBBERY WHILE ARMED WITH A DEADLY WEAPON, SO AS TO INCLUDE ALLEGING BEING ARMED AND REASONABLY BELIEVING THE PERSON TO BE ARMED AND TO DELETE PROVISIONS RELATING TO THE SENTENCING OF A YOUTHFUL OFFENDER GUILTY OF THESE CRIMES; TO AMEND SECTIONS 20-7-2170 AND 20-7-2195, BOTH AS AMENDED, BOTH RELATING TO THE TRANSFER OF JUVENILES TO THE YOUTHFUL OFFENDER DIVISION, SO AS TO PROVIDE THAT THE BOARD OF JUVENILE PAROLE RATHER THAN THE DEPARTMENT OF CORRECTIONS HAS AUTHORITY FOR RELEASE OF SUCH JUVENILES; TO AMEND SECTION 24-19-10, AS AMENDED, RELATING TO DEFINITIONS UNDER THE YOUTHFUL OFFENDER ACT, SO AS TO REVISE THE DEFINITION OF "YOUTHFUL OFFENDER" TO EXCLUDE PERSONS COMMITTING VIOLENT CRIMES AND CLASS A, B, C, AND D FELONIES; TO AMEND SECTION 24-19-50, RELATING TO DISPOSITIONAL POWERS OF THE COURT UPON CONVICTION OF A YOUTHFUL OFFENDER, SO AS TO CLARIFY THAT A PERSON ONLY MAY BE SENTENCED ONCE AS A YOUTHFUL OFFENDER; AND TO REPEAL SECTION 24-13-610 RELATING TO THE EXTENDED WORK RELEASE PROGRAM, SECTION 24-13-620 RELATING TO REQUIREMENTS TO PARTICIPATE IN THE EXTENDED WORK RELEASE PROGRAM, AND SECTION 24-13-630 RELATING TO DUTIES OF THE DEPARTMENT OF CORRECTIONS REGARDING THE EXTENDED WORK RELEASE PROGRAM.

(R498) S. 506 -- Senator Saleeby: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-415 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT UPON THE SUBMISSION OF DOCUMENTATION TO THE WORKERS' COMPENSATION COMMISSION THAT A CONTRACTOR OR SUBCONTRACTOR HAS REPRESENTED HIMSELF TO A HIGHER TIER SUBCONTRACTOR, CONTRACTOR, OR PROJECT OWNER AS HAVING WORKERS' COMPENSATION INSURANCE AT THE TIME THE CONTRACTOR OR SUBCONTRACTOR WAS ENGAGED TO PERFORM WORK, ONLY THE CONTRACTOR OR SUBCONTRACTOR WHO REPRESENTED HIMSELF AS HAVING WORKERS' COMPENSATION INSURANCE MAY BE CONSIDERED A STATUTORY EMPLOYER FOR CLAIMS FILED BY HIS EMPLOYEES UNDER THE WORKERS' COMPENSATION LAW, AND TO PROVIDE FOR THE IMPOSITION OF THE PENALTIES FOR FRAUD UNDER CERTAIN CIRCUMSTANCES.

(R499) S. 556 -- Senator Russell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE SOUTH CAROLINA SENATE OR HOUSE OF REPRESENTATIVES, AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VI RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW OR A VIOLATION OF CERTAIN ELECTION LAWS, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES, AND PROVIDE THAT THIS PROHIBITION DOES NOT APPLY TO A PERSON WHO HAS BEEN PARDONED UNDER STATE OR FEDERAL LAW OR TO A PERSON WHO FILES FOR PUBLIC OFFICE FIFTEEN YEARS OR MORE AFTER THE COMPLETION DATE OF SERVICE OF THE SENTENCE, INCLUDING PROBATION AND PAROLE TIME, NOR SHALL ANY PERSON SERVING IN OFFICE PRIOR TO THE RATIFICATION OF THESE AMENDMENTS BE REQUIRED TO VACATE THE OFFICE TO WHICH HE IS ELECTED; AND PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO AUTHORIZE A PERSON WHO ATTAINS THE AGE OF EIGHTEEN BY THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER TO BE AN ELECTOR FOR THE CALENDAR YEAR IN WHICH THE PERSON HAS ATTAINED THE AGE OF EIGHTEEN.

(R500) S. 938 -- Senator Short: AN ACT TO PROVIDE THAT THE MEMBERS OF THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES MUST BE ELECTED IN NONPARTISAN ELECTIONS TO BE HELD AT THE SAME TIME AS THE GENERAL ELECTION, TO PROVIDE FOR THE APPLICABILITY OF THE NONPARTISAN ELECTION PROVISIONS TO SPECIFIC SEATS IN SPECIFIC YEARS, AND TO PROVIDE FOR CERTAIN ELECTION PROCEDURES IN REGARD TO THE CONDUCT OF THESE ELECTIONS.

(R501) S. 1028 -- Senators Hayes, Short and Peeler: AN ACT TO AMEND SECTION 5-15-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF AUTHORITY TO CONDUCT A MUNICIPAL ELECTION FROM A MUNICIPAL ELECTION COMMISSION TO A COUNTY ELECTION COMMISSION, SO AS TO PROVIDE FOR THE ABOLISHMENT OF A MUNICIPAL ELECTION COMMISSION WHEN THE TOTAL RESPONSIBILITY FOR THE CONDUCT OF A MUNICIPAL ELECTION IS TRANSFERRED TO A COUNTY ELECTION COMMISSION, PROHIBIT A MUNICIPALITY WHICH TRANSFERS A PORTION OF THE RESPONSIBILITIES FOR THE CONDUCT OF A MUNICIPAL ELECTION FROM ABOLISHING THE MUNICIPAL ELECTION COMMISSION; AND TO AMEND SECTION 5-7-140, RELATING TO THE EXTENSION OF POLICE JURISDICTION AND AUTHORITY OF A MUNICIPALITY BORDERING ON THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN OR CERTAIN OTHER BODIES OF WATER TO THE AREA LYING BETWEEN THE HIGH-TIDE LINE AND THE LOW TIDE LINE, SO AS TO EXTEND THE CORPORATE LIMITS OF THESE MUNICIPALITIES TO INCLUDE ALL THAT AREA LYING BETWEEN THE HIGH-TIDE LINE AND ONE MILE SEAWARD OF THE HIGH-TIDE LINE, AND IF THE MUNICIPALITY BORDERS ON THE HIGH WATER MARK OF A NAVIGABLE BODY OF WATER OTHER THAN THE ATLANTIC OCEAN, TO EXTEND ITS LIMITS TO INCLUDE ALL THAT AREA LYING BETWEEN THE HIGH WATER MARK AND THE LOW WATER MARK, TO MAKE THESE AREAS SUBJECT TO ALL ORDINANCES AND REGULATIONS THAT MAY BE APPLICABLE TO AREAS LYING WITHIN THE CORPORATE LIMITS OF THE MUNICIPALITY, AND TO GIVE MUNICIPAL COURTS JURISDICTION TO PUNISH INDIVIDUALS VIOLATING MUNICIPAL ORDINANCES WHERE THE MISDEMEANORS OCCURRED IN THE AREA DEFINED IN THIS SECTION.

(R502) S. 1037 -- Senators Leventis and Washington: AN ACT TO AMEND SECTION 16-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ENTICING AN ENROLLED CHILD FROM ATTENDANCE IN PUBLIC SCHOOLS, SO AS TO CREATE A FIRST OFFENSE VIOLATION OF A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT LESS THAN THIRTY DAYS, OR BOTH, AND A SECOND OR SUBSEQUENT OFFENSE VIOLATION OF NOT LESS THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT LESS THAN TWO YEARS, OR BOTH.

(R503) S. 1286 -- Judiciary Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2725 SO AS TO PROHIBIT DAY CARE CENTERS OR HOMES FROM EMPLOYING PERSONS CONVICTED OF CERTAIN CRIMES OR PERSONS WHO ARE REQUIRED TO REGISTER UNDER THE SEX OFFENDER REGISTRY ACT, TO PROVIDE THAT A PERSON WHO HAS BEEN CONVICTED OF THESE DISQUALIFYING CRIMES WHO APPLIES FOR EMPLOYMENT WITH OR IS EMPLOYED BY SUCH A DAY CARE CENTER IS GUILTY OF A MISDEMEANOR AND PROVIDE PENALTIES FOR VIOLATION, TO REQUIRE EMPLOYMENT APPLICATIONS AT THESE DAY CARE CENTERS TO INCLUDE A STATEMENT NOTIFYING AN APPLICANT OF THIS CRIMINAL OFFENSE, TO REQUIRE FINGERPRINT REVIEWS FOR EMPLOYEES AND CAREGIVERS AT THESE DAY CARE CENTERS, TO ALLOW TEMPORARY OR PROVISIONAL EMPLOYMENT PENDING THE COMPLETION OF THE FINGERPRINT REVIEW IN CERTAIN CIRCUMSTANCES, TO WAIVE FINGERPRINT REVIEWS FOR CERTAIN PERSONS, AND TO PROVIDE FOR THE APPLICABILITY OF THIS SECTION IN REGARD TO EMPLOYEES AT THESE DAY CARE CENTERS; TO ADD SECTION 20-7-3092 SO AS TO PROVIDE THAT FINGERPRINT REVIEWS ARE NOT REQUIRED OF CERTAIN CERTIFIED EDUCATION PERSONNEL AND LICENSED FOSTER PARENTS; TO AMEND SECTION 17-22-90, RELATING TO AGREEMENTS REQUIRED OF OFFENDERS IN PRETRIAL INTERVENTION PROGRAMS, SO AS TO PROVIDE THAT IF THE OFFENSE IS COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT UPON A CHILD UNDER SIXTEEN YEARS OF AGE, THE OFFENDER IN HIS AGREEMENT WITH THE SOLICITOR'S OFFICE SHALL AGREE TO ALLOW INFORMATION ABOUT THE OFFENSE TO BE MADE AVAILABLE TO DAY CARE CENTERS AND OTHER FACILITIES PROVIDING CARE TO CHILDREN; TO AMEND SECTION 20-7-2700, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO CHILD DAY CARE FACILITIES, SO AS TO REVISE CERTAIN EXCEPTIONS AS TO WHAT IS NOT CONSIDERED A CHILD DAY CARE FACILITY; TO AMEND SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, 20-7-2860, AND 20-7-2900, ALL AS AMENDED, RELATING TO DAY CARE FACILITY LICENSING, APPROVAL, REGISTRATIONS, AND RENEWALS, SO AS TO REVISE THE CRIMINAL OFFENSES WHICH PRECLUDE A PERSON FROM OBTAINING A LICENSE, APPROVAL, REGISTRATION, OR RENEWAL, TO FURTHER PROVIDE FOR WHEN FINGERPRINT REVIEWS ARE REQUIRED, TO FURTHER PROVIDE FOR CERTAIN EMPLOYMENT CONDITIONS AT THESE FACILITIES, AND TO FURTHER PROVIDE FOR THE LICENSING AND APPROVAL PROCESS REGARDING THESE FACILITIES; TO AMEND SECTION 20-7-2905, RELATING TO FEES FOR CRIMINAL HISTORY REVIEWS, SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION MAY NOT IMPOSE A FEE GREATER THAN THAT OF THE FEDERAL BUREAU OF INVESTIGATION FOR CONDUCTING SUCH REVIEWS; TO AMEND SECTION 20-7-3097, RELATING TO FINGERPRINT REVIEWS OF EMPLOYEES OF THE DEPARTMENT OF SOCIAL SERVICES IN ITS DAY CARE LICENSING OR CHILD PROTECTIVE SERVICES DIVISION, SO AS TO REVISE THE LIST OF CRIMES WHICH PRECLUDE THE EMPLOYMENT OF SUCH PERSONS, PERMIT THE PROVISIONAL EMPLOYMENT OF THESE EMPLOYEES UNDER CERTAIN CONDITIONS, AND TO MAKE IT UNLAWFUL FOR A PERSON WHO HAS BEEN CONVICTED OF ONE OF THE DISQUALIFYING CRIMES REFERENCED ABOVE TO APPLY FOR SUCH EMPLOYMENT, TO PROVIDE FOR CERTAIN PERSONS WHO ARE NOT REQUIRED TO UNDERGO A STATE FINGERPRINT REVIEW, TO PROVIDE THAT PARTICIPATION IN THE STATE EMPLOYEE ADOPTION ASSISTANCE PROGRAM IS EXTENDED TO LOCAL LAW ENFORCEMENT OFFICERS; AND TO AMEND ARTICLE 7, CHAPTER 3 OF TITLE 23, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO FURTHER PROVIDE FOR THE ADMINISTRATION OF THE REGISTRY BY THE STATE LAW ENFORCEMENT DIVISION, FOR THE CRIMES AND OTHER CIRCUMSTANCES FOR WHICH REGISTRATION IS REQUIRED, AND FOR THE PERSONS TO WHOM THESE PROVISIONS APPLY, TO FURTHER PROVIDE FOR THE CONDITIONS OF AND PROCEDURES FOR REGISTRATION, TO REVISE THE PENALTIES FOR FAILURE TO REGISTER, TO MAKE IT UNLAWFUL TO KNOWINGLY GIVE FALSE INFORMATION WHEN REGISTERING AND PROVIDE PENALTIES FOR VIOLATION, TO PROVIDE FOR EXCEPTIONS AND MODIFICATIONS TO THE REGISTRATION REQUIREMENTS, AND TO PROVIDE FOR THE MANNER IN WHICH INFORMATION IN THE REGISTRY IS OPEN TO THE PUBLIC AND MAY BE DISCLOSED.

(R504) S. 1375 -- Senator Matthews: AN ACT TO PROVIDE THAT ORANGEBURG COUNTY ON JULY 1, 1997, SHALL CONSIST OF THREE CONSOLIDATED SCHOOL DISTRICTS, EACH TO BE COMPOSED OF CERTAIN OF THE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY WITH THESE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY BEING ABOLISHED ON JULY 1, 1997; TO PROVIDE THAT EACH CONSOLIDATED SCHOOL DISTRICT SHALL BE GOVERNED BY A BOARD OF TRUSTEES WHO SHALL BE ELECTED IN NONPARTISAN ELECTIONS ON SPECIFIED DATES; TO PROVIDE FOR THE COMPOSITION AND MANNER OF ELECTION OF EACH CONSOLIDATED BOARD; TO ESTABLISH AN ORANGEBURG COUNTY BOARD OF EDUCATION ON JULY 1, 1997, TO BE COMPOSED OF SEVEN MEMBERS ELECTED IN NONPARTISAN ELECTIONS IN THE MANNER SPECIFIED; TO PROVIDE FOR THE POWERS AND DUTIES OF THE COUNTY BOARD AND THE CONSOLIDATED BOARDS; TO PROVIDE FOR THE MANNER IN WHICH SCHOOL BUDGETS MUST BE PREPARED AND SCHOOL TAX MILLAGE DETERMINED AND LEVIED INCLUDING AN IMPOSITION OF COUNTYWIDE SCHOOL MILLAGE LEVIES TO BE DISTRIBUTED BASED ON SPECIFIED FORMULAS, TO PROVIDE PROCEDURES FOR THE REVISIONS OF THESE FORMULAS AND FOR A DELAY IN IMPLEMENTATION UNDER CERTAIN CONDITIONS; TO PROVIDE FOR THE TRANSFER OF THE ASSETS AND LIABILITIES OF THE EIGHT PRESENT SCHOOL DISTRICTS TO THE RESPECTIVE CONSOLIDATED DISTRICTS OF WHICH THEY ARE A PART WITH CERTAIN EXCEPTIONS; TO PROVIDE FOR THE MANNER IN WHICH THE CONSTITUTIONAL DEBT LIMITATION OF THE CONSOLIDATED SCHOOL DISTRICTS FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS SHALL BE DETERMINED; AND TO PROVIDE FOR THE REALIZATION OF CERTAIN ADMINISTRATIVE COST SAVINGS BY JULY 1, 2000.

(R505) H. 3116 -- Reps. Cato and Meacham: AN ACT TO AMEND SECTION 50-21-850, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT PERSONS WATERSKIING, SURFBOARDING, OR RIDING SIMILAR OBJECTS MUST WEAR A SKI BELT OR LIFE PRESERVER, SO AS TO PROVIDE THAT PERSONS WATERSKIING OR RIDING ANY OBJECT BEING TOWED BY A MOTORIZED WATERCRAFT MUST WEAR CERTAIN APPROVED PERSONAL FLOTATION DEVICES, AND TO PROVIDE FOR PERSONS EXEMPT FROM THE ABOVE PROVISIONS; TO AMEND SECTION 50-21-860, AS AMENDED, RELATING TO RESTRICTIONS ON THE USE OF AIRBOATS, SO AS TO PROVIDE FOR SPECIFIED AREAS WHERE IT IS UNLAWFUL TO OPERATE AIRBOATS DURING CERTAIN HOURS; AND TO AMEND SECTION 5-7-140, RELATING TO AREAS WHERE THE POLICE JURISDICTION AND SANITATION AUTHORITY OF MUNICIPALITIES BORDERING ON THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN OR THE HIGH-WATER MARK OF ANY OTHER NAVIGABLE BODY OF WATER IS EXTENDED, SO AS TO PROVIDE THAT THE CORPORATE LIMITS OF SUCH MUNICIPALITIES ARE EXTENDED OVER SPECIFIED AREAS BORDERING THE ATLANTIC OCEAN OR THESE BODIES OF WATER, AND TO PROVIDE THAT THESE MUNICIPALITIES HAVE JURISDICTION TO PUNISH INDIVIDUALS VIOLATING MUNICIPAL ORDINANCES IN SUCH AREAS.

(R506) H. 3201 -- Rep. Simrill: AN ACT TO AMEND SECTION 44-95-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES IN WHICH SMOKING IS PROHIBITED UNDER THE CLEAN INDOOR AIR ACT OF 1990, SO AS TO REVISE THE AREAS IN WHICH A PERSON MAY SMOKE IN PUBLIC SCHOOLS AND PROVIDE THAT LOCAL SCHOOL BOARDS MAY MAKE SCHOOL DISTRICT FACILITIES SMOKE FREE; BY ADDING SECTIONS 16-17-501, 16-17-502, 16-17-503, AND 16-17-504 SO AS TO PROVIDE DEFINITIONS RELATING TO THE DISTRIBUTION OF TOBACCO PRODUCTS, TO MAKE IT UNLAWFUL TO DISTRIBUTE A TOBACCO SAMPLE TO A MINOR, TO PROVIDE A PROCEDURE TO ENFORCE THE PROVISION MAKING IT ILLEGAL TO DISTRIBUTE A TOBACCO PRODUCT SAMPLE TO A MINOR, TO AMEND SECTION 16-17-500, RELATING TO SUPPLYING MINORS WITH TOBACCO OR CIGARETTES, SO AS TO REVISE THE PENALTIES.

(R507) H. 3228 -- Reps. Neilson, Cain, McMahand, Littlejohn, Meacham, Hallman, Rice, L. Whipper, White, Simrill, Jaskwhich, Elliott, Whatley, Herdklotz, Easterday, Haskins, Seithel, Davenport and Limehouse: AN ACT TO AMEND SECTION 20-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUAL RIGHTS OF PARENTS, SO AS TO PROVIDE THAT BOTH CUSTODIAL AND NONCUSTODIAL PARENTS HAVE THE RIGHT TO PARTICIPATE IN THEIR CHILDREN'S SCHOOL ACTIVITIES UNLESS PROHIBITED BY COURT ORDER.

(R508) H. 3273 -- Rep. Townsend: AN ACT TO AMEND SECTIONS 56-3-3310 AND 56-3-3320, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART, SO AS TO REVISE THE BIENNIAL FEE FOR THE LICENSE PLATE AND TO PROVIDE THAT THE PLATE MUST BE PERMANENT; BY ADDING SECTION 56-3-7610 SO AS TO PROVIDE SQUARE DANCE COMMEMORATIVE LICENSE PLATES; TO AMEND SECTION 56-3-1820, AS AMENDED, RELATING TO NATIONAL GUARD LICENSE PLATES, SO AS TO REVISE THE BIENNIAL FEE; AND BY ADDING SECTION 56-3-7100 SO AS TO PROVIDE FOR SHRINERS LICENSE PLATES.

(R509) H. 3285 -- Reps. Neilson, Lloyd, G. Brown, Hines, L. Whipper, Breeland, J. Young, Canty, Rice, Felder, Chamblee, Gamble, Keyserling, Robinson, Herdklotz, Davenport, Mason, Thomas and Byrd: AN ACT TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER JOINT OR DIVIDED CUSTODY TO PROVIDE THAT THE COURT MAY NOT PROHIBIT A CUSTODIAL PARENT FROM MOVING HIS RESIDENCE TO A LOCATION WITHIN THE STATE UNLESS THE COURT FINDS A COMPELLING REASON OR UNLESS THE PARTIES AGREE.

(R510) H. 3314 -- Rep. Rogers: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-75 SO AS TO PROHIBIT A MEMBER OF A COUNTY OR MUNICIPAL ELECTION COMMISSION, VOTER, REGISTRATION BOARD, OR COMBINED ELECTION AND VOTER REGISTRATION COMMISSION FROM PARTICIPATING IN POLITICAL MANAGEMENT OR IN A POLITICAL CAMPAIGN DURING THE MEMBER'S TERM OF OFFICE, TO PROHIBIT A MEMBER OF THE COMMISSION OR BOARD FROM MAKING A CONTRIBUTION TO A CANDIDATE OR KNOWINGLY ATTEND A FUNDRAISER HELD FOR THE BENEFIT OF A CANDIDATE, AND TO PROVIDE THAT THE MEMBER MAY BE REMOVED FOR A VIOLATION OF THIS SECTION; AND TO AMEND SECTION 7-3-10, AS AMENDED, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO PROHIBIT A MEMBER OF THE COMMISSION FROM PARTICIPATING IN POLITICAL MANAGEMENT OR IN A POLITICAL CAMPAIGN DURING THE MEMBER'S TERM OF OFFICE, TO PROHIBIT A MEMBER OF THE COMMISSION FROM MAKING A CONTRIBUTION TO A CANDIDATE OR KNOWINGLY ATTEND A FUNDRAISER HELD FOR THE BENEFIT OF A CANDIDATE, AND TO PROVIDE THAT THE MEMBER MAY BE REMOVED FOR A VIOLATION OF THIS SECTION.

(R511) H. 3838 -- Labor, Commerce and Industry Committee: AN ACT TO AMEND SECTION 42-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES", SO AS TO REVISE THE DEFINITION; TO AMEND SECTION 42-1-160, RELATING TO THE DEFINITIONS OF "INJURY" AND "PERSONAL INJURY", SO AS TO REVISE THE DEFINITIONS; TO AMEND SECTIONS 42-1-310 AND 42-1-320, RELATING TO THE APPLICATION AND EFFECT OF WORKERS' COMPENSATION PROVISIONS, SO AS TO PROVIDE THAT AN EMPLOYER OR EMPLOYEE MAY NOT ELECT TO NOT BE BOUND BY CERTAIN WORKERS' COMPENSATION PROVISIONS AND THAT THE STATE, ITS POLITICAL SUBDIVISIONS, ITS EMPLOYEES AND THE EMPLOYEES OF ITS SUBDIVISIONS ARE SUBJECT TO THE WORKERS' COMPENSATION PROVISIONS; TO AMEND SECTION 42-1-460, RELATING TO CONTRACTS SUBJECT TO THE WORKERS' COMPENSATION PROVISIONS, SO AS TO REVISE THE CONDITIONS UPON WHICH A CONTRACT IS SUBJECT TO THESE PROVISIONS; TO AMEND SECTION 42-9-260, AS AMENDED, RELATING TO THE NOTICE AN EMPLOYER MUST PROVIDE THE WORKERS' COMPENSATION COMMISSION WHEN CERTAIN PAYMENTS HAVE BEGUN AND THE SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO PROVIDE FOR THE CONDITIONS UPON WHICH TEMPORARY DISABILITY PAYMENTS MAY BE GRANTED; TO AMEND SECTION 42-9-360, RELATING TO ASSIGNMENTS OF COMPENSATION, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR AN AUTHORIZED HEALTH CARE PROVIDER TO PURSUE COLLECTION PROCEDURES AGAINST A WORKERS' COMPENSATION CLAIMANT UNDER CERTAIN CIRCUMSTANCES, PROVIDE PENALTIES FOR PERSONS RECEIVING CERTAIN ILLEGAL PAYMENTS AND THE PROCEDURE IN WHICH A HEALTH CARE PROVIDER MUST BE PAID; TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO EMPLOYERS' RECORDS AND REPORTS OF INJURIES, SO AS TO REVISE THE RECORDKEEPING PROCEDURE; BY ADDING SECTION 38-73-515 SO AS TO PROVIDE THAT AN INSURER ISSUING WORKERS' COMPENSATION INSURANCE SHALL OFFER DEDUCTIBLES OPTIONAL TO THE POLICYHOLDER FOR CERTAIN BENEFITS PAYABLE; TO REPEAL SECTIONS 42-1-330, 42-1-340, 42-1-510, AND 42-1-530, RELATING TO THE WAIVER OF CERTAIN EXEMPTIONS, THE EFFECTIVE DATE OF AND MANNER OF GIVING NOTICE OF NONACCEPTANCE OR WAIVER DEFENSES THAT ARE NOT AVAILABLE TO AN EMPLOYER UNDER THE WORKERS' COMPENSATION PROVISIONS, AND DEFENSES THAT ARE NOT AVAILABLE TO AN EMPLOYER WHEN NEITHER HE NOR AN EMPLOYEE IS COVERED BY THE WORKERS' COMPENSATION PROVISIONS; AND TO AMEND SECTION 42-1-520, RELATING TO DEFENSES AVAILABLE TO AN EMPLOYER OPERATING UNDER THE WORKERS' COMPENSATION PROVISIONS WHEN AN EMPLOYEE IS NOT OPERATING UNDER THESE PROVISIONS, SO AS TO SUBSTITUTE "OFFICER OF A CORPORATION" FOR "EMPLOYEE".

(R512) H. 4012 -- Reps. Townsend, Trotter and Stille: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 71 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF A SPECIAL LICENSE PLATE FOR FOREST PRODUCT HAULERS; TO AMEND SECTION 56-3-120, RELATING TO EXEMPTIONS FROM REGISTERING AND LICENSING VEHICLES, SO AS TO EXEMPT CERTAIN KNUCKLEBOOM LOADERS FROM REGISTRATION AND LICENSING; TO AMEND SECTION 56-5-765, AS AMENDED, RELATING TO THE INVESTIGATION OF TRAFFIC COLLISIONS INVOLVING A MOTOR VEHICLE OF A LAW ENFORCEMENT AGENCY OR THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO REVISE THE TYPE OF COLLISIONS THAT MAY BE INVESTIGATED AND TO PROVIDE PENALTIES; TO AMEND SECTION 56-5-4090, AS AMENDED, RELATING TO THE LENGTH OF LOAD ON CERTAIN POLE TRAILERS AND CARRIERS, SO AS TO REVISE RESTRICTIONS TO THE HOURS CERTAIN VEHICLES CAN TRAVEL ON THE STATE'S HIGHWAYS; TO AMEND SECTION 56-5-4630, RELATING TO THE ATTACHMENT OF A LAMP OR FLAG ON LOADS EXTENDING CERTAIN LENGTHS BEYOND THE BED OR BODY OF A MOTOR VEHICLE, SO AS TO REVISE THE DIMENSIONS OF THE FLAG THAT MUST BE ATTACHED TO THE LOAD; TO AMEND SECTION 58-23-50, RELATING TO CERTAIN FORMS OF TRANSPORTATION THAT ARE EXEMPTED FROM PUBLIC SERVICE COMMISSION REGULATIONS, SO AS TO REVISE THE EXEMPTION OF TRANSPORTATION OF CERTAIN ITEMS FROM COMMISSION REGULATION; BY ADDING SECTION 56-3-7860 SO AS TO PROVIDE FOR SHRINERS LICENSE PLATES; TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO STUDY TOLLS ON FEDERAL HIGHWAYS; AND TO AMEND SECTION 56-3-1820, AS AMENDED, RELATING TO NATIONAL GUARD LICENSE PLATES, SO AS TO REVISE THE BIENNIAL FEE.

(R513) H. 4277 -- Reps. Walker, Baxley and Fleming: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-13-85 SO AS TO INCLUDE IN UNLAWFUL EMPLOYMENT PRACTICES THE CONDUCTING OF MEDICAL EXAMINATIONS AND INQUIRIES AND TO PROVIDE CONDITIONS UNDER WHICH THEY MAY BE CONDUCTED; TO AMEND SECTIONS 1-13-20, 1-13-30, AS AMENDED, 1-13-70, 1-13-80, AS AMENDED, 1-13-90, AND 1-13-100, RELATING TO THE STATE HUMAN AFFAIRS COMMISSION AND UNLAWFUL EMPLOYMENT PRACTICES AND THE PROHIBITION AGAINST DISCRIMINATION IN EMPLOYMENT BASED ON RACE, RELIGION, COLOR, SEX, NATIONAL ORIGIN, AND AGE, SO AS TO ALSO PROHIBIT DISCRIMINATION BASED ON DISABILITY AND TO DEFINE "DISABILITY" AND TO FURTHER PROVIDE HOW DISCRIMINATION BASED ON A DISABILITY IS AN UNLAWFUL EMPLOYMENT PRACTICE; TO AMEND SECTIONS 43-33-520, 43-33-530, 43-33-560, AND 43-33-570, ALL RELATING TO THE BILL OF RIGHTS FOR HANDICAPPED PERSONS, SO AS TO DELETE PROVISIONS RELATING TO EMPLOYMENT; TO REPEAL SECTION 43-33-550 RELATING TO THE JURISDICTION OF THE STATE HUMAN AFFAIRS COMMISSION OVER COMPLAINTS OF EMPLOYMENT DISCRIMINATION; TO REPEAL SECTION 43-33-580 RELATING TO THE EXEMPTION OF CONTRACTORS AND SUBCONTRACTORS FROM STATE DISCRIMINATION LAWS WHEN THEY ARE SUBJECT TO SUCH FEDERAL LAWS; TO ADD SECTION 58-9-2550 SO AS TO AUTHORIZE THE PUBLIC SERVICE COMMISSION TO ESTABLISH A DISTRIBUTION SYSTEM FOR TELECOMMUNICATIONS DEVICES FOR THE DEAF; TO AMEND SECTION 58-9-2510, RELATING TO DEFINITIONS REGARDING TELEPHONE SERVICE FOR HEARING AND SPEECH IMPAIRED PERSONS, SO AS TO ADD A DEFINITION FOR "DUAL SENSORY IMPAIRED PERSON" AND REVISE THE DEFINITION OF "TELECOMMUNICATIONS DEVICE"; TO AMEND SECTION 58-9-2520, RELATING TO STATEWIDE TELEPHONE ACCESS PROGRAMS FOR PERSONS SPEECH OR HEARING IMPAIRED, SO AS TO REVISE THE CONTENTS OF THE PROGRAM; TO AMEND SECTION 58-9-2530, RELATING TO CHANGES FOR A DUAL PARTY RELAY TELEPHONE SYSTEM, SO AS TO INCLUDE IN THIS FUNDING THE DISTRIBUTION SYSTEM FOR TELECOMMUNICATIONS DEVICES FOR THE DEAF; AND TO REAUTHORIZE THE SOUTH CAROLINA EDUCATIONAL TELEVISION COMMISSION UNTIL JULY 1, 2003.

(R514) H. 4338 -- Reps. Sharpe, Witherspoon, Riser and Seithel: AN ACT TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES, ON PRIVATE LAND, BETWEEN OCTOBER 11 AND JANUARY 1, MUST NOT ESTABLISH MORE THAN TWO CONSECUTIVE DAYS WHERE DEER MAY NOT BE HUNTED OR TAKEN WITH MODERN FIREARMS.

(R515) H. 4344 -- Reps. Jennings, Inabinett, Allison, Haskins, Harrison, Vaughn, Simrill, Herdklotz, Delleney, Kirsh, Richardson and McElveen: AN ACT TO AMEND SECTION 20-7-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF JUVENILE CASES, SO AS TO DELETE THE CAP ON THE AMOUNT OF RESTITUTION THAT A COURT MAY ORDER A JUVENILE TO PAY, TO PROVIDE THAT THIS AMOUNT IS IN THE COURT'S DISCRETION, AND TO PROVIDE FACTORS TO BE CONSIDERED IN ESTABLISHING THIS AMOUNT; AND TO AMEND SECTION 20-7-1335, RELATING TO DESTRUCTION OF RECORDS, SO AS TO CHANGE THE TERM "JUVENILE" TO "CHILD".

(R516) H. 4431 -- Reps. Townsend, P. Harris, Huff, H. Brown, Cooper and Stille: AN ACT TO AMEND SECTION 59-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF ALLOCATIONS TO SCHOOL DISTRICTS UNDER THE EDUCATION FINANCE ACT AND WEIGHTINGS TO ESTABLISH COST DIFFERENCES BETWEEN PROGRAMS, SO AS TO ADD PUPILS WITH AUTISM UNDER THE HANDICAPPED CLASSIFICATION; TO AMEND SECTION 59-21-510, RELATING TO DEFINITIONS IN REGARD TO THE EDUCATION OF PHYSICALLY AND MENTALLY HANDICAPPED CHILDREN, SO AS TO DEFINE "PUPILS WITH AUTISM"; TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL CONVENE A TASK FORCE TO REVIEW PROGRAMS TO SERVE STUDENTS WITH AUTISM AND TO RECOMMEND AN APPROPRIATE WEIGHT FOR THE EDUCATION FINANCE ACT; AND TO ADD SECTION 59-65-47 SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH PARENTS OR GUARDIANS MAY TEACH THEIR CHILDREN AT HOME.

(R517) H. 4443 -- Reps. Wright, Richardson, Cooper, Townsend, Allison, Littlejohn, Kelley and Jaskwhich: AN ACT TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 40 SO AS TO ENACT THE "SOUTH CAROLINA CHARTER SCHOOLS ACT OF 1996" WHICH PROVIDES FOR THE MANNER IN WHICH A CHARTER SCHOOL SHALL BE FORMED, FUNDED, REGULATED, AND GOVERNED.

(R518) H. 4469 -- Reps. Wilkins, Sharpe, Haskins, Cato, D. Smith, Townsend, J. Brown and Harrison: AN ACT TO ENACT THE "SOUTH CAROLINA EFFECTIVE DEATH PENALTY ACT OF 1996" INCLUDING PROVISIONS TO ADD SECTION 16-3-21, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE FOR VERBAL INSTRUCTIONS TO THE JURY CONCERNING DISCUSSION OF THE VERDICT IN ALL CASES IN WHICH A DEFENDANT IS SENTENCED TO DEATH; TO AMEND SECTION 17-25-380, RELATING TO NOTICES OF THE INTENT TO EXECUTE A DEATH SENTENCE, SO AS TO FURTHER PROVIDE FOR THESE NOTICE REQUIREMENTS; TO ADD SECTION 17-27-130 SO AS TO PROVIDE FOR CIRCUMSTANCES WHEN THE ATTORNEY-CLIENT PRIVILEGE IS DEEMED WAIVED IN POST-CONVICTION PROCEEDINGS OR COLLATERAL RELIEF PROCEDURES, AND TO PROVIDE FOR CERTAIN ACCESS OF NEW COUNSEL TO THE FILES OF PRIOR COUNSEL IN CASES OF DEFENDANTS SENTENCED TO DEATH; TO ADD SECTION 17-27-150 SO AS TO PROVIDE THE CONDITIONS UNDER WHICH A PARTY IN CAPITAL AND NONCAPITAL POST-CONVICTION RELIEF PROCEEDINGS IS ENTITLED TO INVOKE THE PROCESS OF DISCOVERY; AND TO ADD SECTION 17-27-160 SO AS TO PROVIDE FOR THE MANNER IN WHICH DEFENDANTS SENTENCED TO DEATH MUST FILE APPLICATIONS FOR POST-CONVICTION RELIEF, TO PROVIDE FOR THE ASSIGNMENT OF JUDGES TO HANDLE THESE APPLICATIONS, TO FURTHER PROVIDE FOR THE APPOINTMENT AND COMPENSATION OF COUNSEL IN THESE PROCEEDINGS, AND TO PROVIDE FOR OTHER PROCEDURAL MATTERS INCLUDING THE CERTAIN TIME LIMITATIONS IN THESE CAPITAL POST-CONVICTION RELIEF PROCEEDINGS.

(R519) H. 4557 -- Rep. Kirsh: AN ACT TO AMEND CHAPTER 21, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS LICENSE TAXES, BY ADDING ARTICLE 24 ENACTING THE BINGO TAX ACT OF 1996 SO AS TO REGULATE THE GAME OF BINGO AND PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO PROVIDE THAT ALL CURRENT BINGO LICENSES EXPIRE AFTER SEPTEMBER 30, 1997, TO SAVE PROCEEDINGS UNDERWAY ON OCTOBER 1, 1997, AND PROVIDE FOR THEIR DISPOSITION UNDER FORMER LAW; TO REPEAL ARTICLE 23, CHAPTER 21, TITLE 12, RELATING TO BINGO REGULATION; AND TO PROVIDE THAT THE BINGO TAX ACT OF 1996 TAKES EFFECT OCTOBER 1, 1997.

(R520) H. 4600 -- Ways and Means Committee: AN ACT GENERAL APPROPRIATION BILL--(ABBREVIATED TITLE)

(R521) H. 4602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.

(R522) H. 4614 -- Reps. Kelley, Easterday, Allison and Moody-Lawrence: AN ACT TO ENACT THE "CHILD PROTECTION REFORM ACT OF 1996" BY AMENDING SECTION 20-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL REPRESENTATION IN ABUSE AND NEGLECT PROCEEDINGS, SO AS TO CLARIFY A REFERENCE TO THE DEPARTMENT OF SOCIAL SERVICES; TO AMEND SUBARTICLE 1, ARTICLE 7, CHAPTER 7, TITLE 20, AS AMENDED, RELATING TO GENERAL PROVISIONS CONCERNING ABUSE AND NEGLECT, SO AS TO SET FORTH GUIDING PRINCIPLES AND POLICIES CONCERNING STATE INTERVENTION IN FAMILY LIFE AND CHILD WELFARE AND TO REVISE DEFINITIONS; TO AMEND SUBARTICLE 3, ARTICLE 7, CHAPTER 7, TITLE 20, AS AMENDED, RELATING TO THE IDENTIFICATION AND REPORTING OF CHILD ABUSE, SO AS TO EXPAND PERSONS REQUIRED TO REPORT, TO EXPAND MEDICAL EXAMINATIONS AND TESTS AUTHORIZED TO PROVIDE IMMUNITY TO EMPLOYEES OF THE DEPARTMENT OF SOCIAL SERVICES IN PERFORMING CHILD PROTECTIVE SERVICES IN GOOD FAITH; TO AMEND SECTION 20-7-610, AS AMENDED, RELATING TO EMERGENCY PROTECTIVE CUSTODY, SO AS TO REVISE THESE PROCEDURES AND TO INCLUDE EMERGENCY PHYSICAL CUSTODY; TO ADD SECTION 20-7-612 SO AS TO ESTABLISH PROCEDURES FOR LAW ENFORCEMENT TO ASSIST THE DEPARTMENT IN TAKING A CHILD INTO EMERGENCY CUSTODY; TO ADD SECTION 20-7-616 SO AS TO REQUIRE AN AGENCY HAVING SEX OFFENDER REGISTRIES TO RELEASE INFORMATION TO THE DEPARTMENT WHEN AN ALLEGEDLY ABUSED CHILD IS RESIDING IN AN OFFENDER'S HOME; TO ADD SECTION 20-7-618 SO AS TO AUTHORIZE A PHYSICIAN OR HOSPITAL TO DETAIN A CHILD IN EMERGENCY PHYSICAL CUSTODY; TO AMEND SUBARTICLE 7, ARTICLE 7, CHAPTER 7, TITLE 20, AS AMENDED, RELATING TO INTERVENTION BY CHILD WELFARE AGENCIES, SO AS TO AUTHORIZE DEVELOPMENT OF TEMPORARY CRISIS PLACEMENT HOMES, TO AUTHORIZE THE DEPARTMENT TO CONTRACT FOR THE DELIVERY OF PROTECTIVE SERVICES, TO REVISE INTERVENTION, INVESTIGATION, REPORTING, AND RECORDKEEPING AND RELEASING PROCEDURES; TO AMEND SECTION 20-7-736, AS AMENDED, RELATING TO REMOVAL PROCEEDINGS AND PROCEDURES, SO AS TO REVISE AND CLARIFY THESE PROCEEDINGS AND PROCEDURES AND TO ESTABLISH A PRESUMPTION THAT A NEWBORN IS ABUSED IF CERTAIN EVIDENCE OF SUBSTANCE ABUSE IS PRESENT; TO AMEND SECTION 20-7-738, AS AMENDED, RELATING TO PROCEDURES TO PROVIDE SERVICES IN NONREMOVAL CASES, SO AS TO REVISE THESE PROCEDURES; TO AMEND SECTION 20-7-762, AS AMENDED, RELATING TO COURT APPROVAL AND REVIEW OF TREATMENT PLANS, SO AS TO REQUIRE THE INCLUSION OF TREATMENT GOALS; TO AMEND SECTION 20-7-764, AS AMENDED, RELATING TO COURT APPROVAL OF PLACEMENT PLAN FOLLOWING REMOVAL, SO AS TO REVISE CONTENTS OF THE PLAN AND TO PROVIDE FOR AMENDMENT OF OBJECTIONS TO THE PLAN; TO ADD SECTION 20-7-765 SO AS TO SPECIFY TREATMENT PLAN CONDITIONS WHEN SUBSTANCE ABUSE IS INCLUDED IN GROUNDS FOR REMOVAL; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO COURT REVIEW OF CHILDREN REMOVED FROM THEIR HOMES, SO AS TO REQUIRE THE COURT TO REVIEW THE PERMANENCY PLAN AND TO REVISE THE STANDARDS AND CONTENT OF THE REVIEW; TO AMEND SUBARTICLE 3, ARTICLE 11, CHAPTER 7, TITLE 20, RELATING TO TERMINATION OF PARENTAL RIGHTS, SO AS TO REVISE WHO IS ENTITLED TO LEGAL REPRESENTATION AND TO CLARIFY THE DISPOSITIONAL POWERS OF THE COURT; TO ADD SECTION 20-7-2377 SO AS TO AUTHORIZE THE FOSTER CARE REVIEW BOARD TO PARTICIPATE IN JUDICIAL REVIEWS OF ABUSED AND NEGLECTED CHILDREN; TO AMEND SECTION 20-7-2379, AS AMENDED, RELATING TO THE FOSTER CARE REVIEW BOARD, SO AS TO DELETE OBSOLETE PROVISIONS AND INCLUDE THAT REGULATIONS SHALL INCLUDE PARTICIPATION IN JUDICIAL REVIEWS; TO AMEND SECTION 20-7-50, AS AMENDED, RELATING TO UNLAWFUL NEGLECT, SO AS TO REVISE THE STANDARD FOR UNLAWFUL NEGLECT; TO AMEND SECTION 20-7-70, RELATING TO CRUELTY TO CHILDREN, SO AS TO INCREASE THE PENALTY FROM ONE HUNDRED TO TWO HUNDRED DOLLARS AND TO DELETE OBSOLETE REFERENCES; TO ADD SECTION 20-7-95 SO AS TO ESTABLISH CRIMINAL IMMUNITY FOR PARENTS OF INCORRIGIBLE SEVENTEEN-YEAR-OLDS; TO AMEND SUBARTICLE 4, AS AMENDED, ARTICLE 3, CHAPTER 7, TITLE 20, RELATING TO THE GUARDIAN AD LITEM PROGRAM, SO AS TO ESTABLISH CRITERIA FOR THE DISCLOSURE OF INFORMATION AND TO REVISE INTERNAL REFERENCES; AND TO REPEAL SECTION 20-7-60, RELATING TO ILL-TREATING CHILDREN; TO REPEAL SECTION 20-7-80, RELATING TO ABANDONMENT OF CHILDREN; AND TO REPEAL SECTION 20-7-128, RELATING TO THE GUARDIAN AD LITEM PROGRAM ADVISORY BOARD.

(R523) H. 4627 -- Reps. Cato, J. Brown, H. Brown, Boan, Vaughn, Wright, Tripp and Lanford: AN ACT TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 SO AS TO REENACT THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS, PUBLIC ACCOUNTANTS, AND ACCOUNTING PRACTITIONERS PREVIOUSLY PROVIDED FOR IN CHAPTER 1 OF TITLE 40; TO AMEND TITLE 40, CHAPTER 1, AS AMENDED, RELATING TO THE LICENSURE AND REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS, PUBLIC ACCOUNTANTS, AND ACCOUNTING PRACTITIONERS SO AS TO DELETE ALL PROVISIONS AND TO PROVIDE, AMONG OTHER THINGS, FOR THE POWERS AND DUTIES COMMON TO ALL OCCUPATIONAL AND PROFESSIONAL LICENSING BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO REPEAL CHAPTER 73, TITLE 40, RELATING TO PROFESSIONS AND OCCUPATIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.

(R524) H. 4717 -- Reps. Sharpe and Rice: AN ACT TO AMEND SECTION 44-96-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS USED FOR GRANTING PERMITS TO PERSONS TO OPERATE A SOLID WASTE MANAGEMENT FACILITY, SO AS TO ALLOW THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE PERMITS FOR SHORT-TERM STRUCTURAL FILLS AND TO DEFINE TERMS.

(R525) H. 4755 -- Labor, Commerce and Industry Committee: AN ACT TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISK, SO AS TO, AMONG OTHER THINGS, AUTHORIZE THE MAKING OF ASSIGNED RISK AGREEMENTS AMONG INSURERS AND DELETE CERTAIN LANGUAGE AND PROVISIONS; TO AMEND SECTION 42-1-130, RELATING TO THE DEFINITION OF "EMPLOYEE" UNDER THE WORKERS' COMPENSATION LAW, SO AS TO INSERT AN INTERNAL REFERENCE TO TITLE 32 OF THE UNITED STATES CODE; TO AMEND SECTION 42-7-67, AS AMENDED, RELATING TO THE STATE ACCIDENT FUND AND BENEFITS FOR STATE AND NATIONAL GUARD MEMBERS, SO AS TO DELETE PROVISIONS REGARDING, AMONG OTHER THINGS, THE REDUCTION OF WORKERS' COMPENSATION BENEFITS FOR THE PURPOSE OF COORDINATING BENEFITS PAYABLE BY THE FEDERAL AND STATE GOVERNMENTS FOR THE DEATH OR INJURY OF A MEMBER OF THE SOUTH CAROLINA NATIONAL GUARD; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.

(R526) H. 4782 -- Rep. Easterday: AN ACT TO AMEND SECTION 37-5-203, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, DEBTORS' REMEDIES, AND CIVIL LIABILITY FOR VIOLATION OF DISCLOSURE PROVISIONS, SO AS TO PROVIDE THAT NOTHING IN CERTAIN PROVISIONS OF THIS SECTION SHALL BE CONSTRUED TO IMPOSE CIVIL LIABILITY OR PENALTIES ON AN ARRANGER OF CREDIT WHEN DISCLOSURE CONSTITUTING A VIOLATION OF THE FEDERAL TRUTH IN LENDING ACT IS ACTUALLY COMMITTED BY ANOTHER PERSON AND THE ARRANGER OF THE CREDIT HAS NO KNOWLEDGE OF THE VIOLATION WHEN IT OCCURRED, AND TO REQUIRE THE CREDITOR TO PROVIDE A COPY OF THE FINAL CLOSING DOCUMENTS TO THE ARRANGER OF CREDIT; TO AMEND SECTION 40-58-20, AS AMENDED, RELATING TO DEFINITIONS UNDER THE LAW REGARDING REGISTRATION OF MORTGAGE LOAN BROKERS, SO AS TO ENACT DEFINITIONS FOR "REGULAR BUSINESS HOURS", AND "SATELLITE OFFICE"; TO AMEND SECTION 40-58-65, RELATING TO MAINTAINING, AVAILABILITY, AND EXAMINATION OF RECORDS FOR THE REGULATION OF MORTGAGE LOAN BROKERS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A REGISTERED MORTGAGE LOAN BROKER WITH AN OFFICIAL PLACE OF BUSINESS WITHIN SOUTH CAROLINA ALSO MAY MAINTAIN ONE OR MORE SATELLITE OFFICES; TO AMEND SECTION 40-58-110, AS AMENDED, RELATING TO REGISTRATION OF MORTGAGE LOAN BROKERS, FIRST TIME REGISTRANTS' PROCESSING FEE, ANNUAL RENEWAL OF REGISTRATION, RENEWAL FEE, FAILURE TO RENEW RESULTS IN CANCELLATION, AND LATE PENALTY, SO AS TO PROVIDE THAT A REGISTRANT SHALL PAY AN INITIAL FEE OF ONE HUNDRED FIFTY DOLLARS AND, THEREAFTER, A RENEWAL FEE OF ONE HUNDRED FIFTY DOLLARS FOR EACH SATELLITE LOCATION, TO PROVIDE THAT THE BROKER SHALL GIVE NOTICE IN WRITING TEN DAYS BEFORE OPENING A NEW OFFICIAL BRANCH OR SATELLITE LOCATION, AND TO PROVIDE THAT NO INITIAL FEE IS REQUIRED WHEN THE REGISTRANT GIVES NOTICE OF A CHANGE OF ADDRESS FOR AN OFFICIAL BRANCH OR SATELLITE LOCATION; TO AMEND SECTION 29-3-680, RELATING TO MORTGAGES AND DEEDS OF TRUST, FORECLOSURE, AND APPLICATION FOR ORDER OF APPRAISAL, SO AS TO PROVIDE THAT, EXCEPT IN ANY REAL ESTATE FORECLOSURE PROCEEDING RELATING TO A DWELLING PLACE OR TO A CONSUMER CREDIT TRANSACTION, A DEFENDANT AGAINST WHOM A PERSONAL JUDGMENT MAY BE TAKEN ON A REAL ESTATE SECURED TRANSACTION MAY WAIVE THE APPRAISAL RIGHTS IF THE DEBTORS, MAKERS, BORROWERS, AND/OR GUARANTORS ARE NOTIFIED IN WRITING BEFORE THE TRANSACTION THAT A WAIVER OF APPRAISAL RIGHTS WILL BE REQUIRED AND UPON SIGNING A STATEMENT DURING THE TRANSACTION, TO PROVIDE THAT THIS WAIVER MAY BE IN ANY DOCUMENT RELATING TO THE TRANSACTION, AND TO PROVIDE THAT THE REQUIRED LANGUAGE MUST BE ON A PAGE CONTAINING THE SIGNATURE OF THE PERSON MAKING THE WAIVER AND THE CAPITALIZED SENTENCE MUST BE UNDERLINED, IN CAPITAL LETTERS, OR DISCLOSED IN ANOTHER PROMINENT MANNER; AND TO AMEND SECTION 29-3-700, RELATING TO MORTGAGES AND DEEDS OF TRUST, FORECLOSURE, AND ORDER FOR APPRAISAL, SO AS TO DELETE THE PROVISION REQUIRING PROPERTY TO BE APPRAISED BY THREE DISINTERESTED FREEHOLDERS OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED, AND TO PROVIDE INSTEAD FOR APPRAISAL BY THREE DISINTERESTED INDIVIDUALS WHO MUST BE STATE-CERTIFIED GENERAL REAL ESTATE APPRAISERS, STATE-CERTIFIED RESIDENTIAL REAL ESTATE APPRAISERS, OR STATE-LICENSED REAL ESTATE APPRAISERS.

(R527) H. 4789 -- Rep. Harrison: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-949 SO AS TO REQUIRE AN APPLICANT FOR A BUSINESS, OCCUPATIONAL, PROFESSIONAL, HUNTING, FISHING, OR DRIVER'S LICENSE OR WATERCRAFT REGISTRATION OR FOR RENEWAL OF A LICENSE OR REGISTRATION TO SUBMIT THE APPLICANT'S SOCIAL SECURITY NUMBER TO THE LICENSING ENTITY; TO AMEND SUBARTICLE 5, ARTICLE 9, CHAPTER 7, TITLE 20, AS AMENDED, RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, SO AS TO DEFINE "TRIBUNAL" AS NOT ONLY THE FAMILY COURTS OF THIS STATE BUT ALSO THE SUPPORT ENFORCEMENT AGENCY WHICH HAS CONCURRENT JURISDICTION REGARDING CHILD SUPPORT CASES UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND TO CHANGE REFERENCES FROM "FAMILY COURT" TO "TRIBUNAL"; TO AMEND SECTIONS 20-7-9505, 20-7-9510, 20-7-9515, 20-7-9520, 20-7-9525, 20-7-9530, 20-7-9540, 20-7-9545, AND 20-7-9560, ALL RELATING TO THE ADMINISTRATIVE PROCESS FOR ESTABLISHING AND ENFORCING PATERNITY AND CHILD SUPPORT, SO AS TO CLARIFY THAT THE "DIRECTOR" OF THE CHILD SUPPORT ENFORCEMENT DIVISION INCLUDES THE DIRECTOR'S DESIGNEES, TO CLARIFY THE NAME OF THE ADMINISTERING AGENCY, TO REVISE AND DELETE OBSOLETE TERMS, TO CLARIFY IN WHICH COUNTY VARIOUS DOCUMENTS MUST BE FILED, AND TO REVISE PROCEDURAL TIME FRAMES; TO AMEND SECTION 43-5-585, RELATING TO THE REPORTING OF CHILD SUPPORT ARREARAGES TO CONSUMER CREDIT REPORTING AGENCIES, SO AS TO PROVIDE THAT INFORMATION MUST BE PROVIDED ON PERSONS WHO ARE IN ARREARS IN AN AMOUNT EQUAL TO TWO MONTHS' SUPPORT OBLIGATION RATHER THAN ON PERSONS WHO HAVE NOT MADE A PAYMENT FOR TWO CONSECUTIVE MONTHS; TO AMEND SECTION 43-5-1125, RELATING TO SANCTIONS FOR FAILING TO COMPLY WITH WELFARE AGREEMENTS, SO AS TO CLARIFY THAT AN AFDC RECIPIENT WHO MEETS CERTAIN CRITERIA IS NOT REQUIRED TO COMPLY WITH EMPLOYMENT AND TRAINING PROVISIONS IN THE AGREEMENT; TO AMEND SECTION 43-5-1155, RELATING TO ENTREPRENEURIAL DEVELOPMENT, SO AS TO EXPAND THE DEPARTMENT'S AUTHORITY AND A CLIENT'S OPPORTUNITIES UNDER THIS PROGRAM; TO AMEND SECTION 43-5-1170, RELATING TO TIME LIMITATIONS PLACED ON RECEIVING WELFARE, SO AS TO PROVIDE THAT AN EXEMPTION APPLIES TO A PERSON WHO IS PERMANENTLY AND TOTALLY DISABLED RATHER THAN TO ONE WHO IS TOTALLY OR PERMANENTLY DISABLED; AND TO AMEND SECTION 43-5-1240, RELATING TO TRANSITIONAL MEDICAID AND CHILD CARE, SO AS TO PROVIDE TWO YEARS RATHER THAN ONE YEAR OF TRANSITIONAL CHILD CARE AND MEDICAID TO A PERSON WHO LOST ELIGIBILITY DUE TO BECOMING EMPLOYED OR WHO BECOMES EMPLOYED AFTER EXCEEDING THE TWENTY-FOUR-MONTH TIME LIMIT AND TO PROVIDE FURTHER CONDITIONS TO RECEIVING THESE BENEFITS.

(R528) H. 4834 -- Reps. Robinson, Herdklotz, Waldrop, Sandifer, Fulmer, Trotter, Marchbanks, Rice, Haskins and Harrell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-2-75 SO AS TO PROVIDE FOR THE METHOD OF SIGNING INCOME TAX RETURNS; TO AMEND SECTION 12-4-310, AS AMENDED, RELATING TO DUTIES OF THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO REVISE A REFERENCE TO THE BOND REQUIREMENT FOR DEPARTMENTAL OFFICERS AND EMPLOYEES; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE OF 1986 NOT ADOPTED IN THE DETERMINATION OF SOUTH CAROLINA TAXABLE INCOME, SO AS TO DELETE THE EXCLUSION OF PROVISIONS RELATING TO AN INNOCENT SPOUSE; TO AMEND SECTION 12-31-60, RELATING TO PENALTIES PROVIDED UNDER THE INTERNATIONAL FUEL TAX AGREEMENT, SO AS TO MAKE THESE PENALTIES APPLY IN LIEU OF OTHER PENALTIES AND INTEREST OTHERWISE REQUIRED; TO AMEND SECTIONS 12-36-110, 12-36-120, 12-36-1710, 12-36-2110, AND 12-36-2120, ALL AS AMENDED, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO REVISE THE DEFINITIONS OF "RETAIL SALE" AND "WHOLESALE SALE", CLARIFY A REFERENCE IN AN EXEMPTION UNDER THE CASUAL EXCISE TAX, REQUIRE LEASES TO BE IN WRITING FOR PURPOSES OF OBTAINING THE THREE HUNDRED DOLLARS MAXIMUM SALES TAX ON CERTAIN ITEMS, CLARIFY THE SALES TAX EXEMPTION FOR SUPPLIES REQUIRED BY DIABETICS, AND TO EXEMPT GOODS PROVIDED TO THE FEDERAL GOVERNMENT WHEN CERTAIN CONDITIONS ARE MET; TO AMEND SECTION 12-39-260, RELATING TO THE DUTIES OF THE COUNTY AUDITOR, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO APPROVE OTHER MEANS OF ACCOUNTING FOR AND REPORTING OF REAL ESTATE SALES; TO AMEND SECTION 12-54-35, RELATING TO THE INNOCENT SPOUSE RULE, SO AS TO PROVIDE THOSE INSTANCES WHEN THE RULE DOES NOT APPLY; TO AMEND SECTION 12-54-50, AS AMENDED, RELATING TO THE PENALTY ON A RETURNED CHECK FOR TAXES, SO AS TO EXTEND THE PENALTY TO ELECTRONIC PAYMENTS AND CLARIFY THIS PENALTY AS AN ADDITION TO ALL OTHER PENALTIES; TO AMEND SECTION 12-54-90, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REVOKE LICENSES ISSUED TAXPAYERS FOR VIOLATIONS OR OMISSIONS, SO AS TO CHANGE REFERENCES FROM "COMMISSION" TO "DEPARTMENT"; TO AMEND SECTION 12-54-210, AS AMENDED, RELATING TO THE REQUIREMENT TO MAINTAIN RECORDS FOR TAX PURPOSES, SO AS TO EXTEND THE REQUIREMENT TO LICENSES, FEES, AND SURCHARGES AND TO PROVIDE THE CIRCUMSTANCES UNDER WHICH MICROFILM RECORDS ARE ADEQUATE; TO REPEAL SECTION 12-6-5040, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REQUIRE COPIES OF FEDERAL TAX RETURNS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO GENERAL EXEMPTION FROM AD VALOREM TAXES, SO AS TO PROVIDE TECHNICAL CHANGES, SUBSTITUTE "WATERCRAFT" FOR "BOATS", TO PROVIDE THE MAXIMUM ASSESSMENT FOR WATERCRAFT THAT ARE EXEMPT FROM AD VALOREM TAXES, TO PROVIDE AN AD VALOREM TAX EXEMPTION FOR WATERCRAFT TRAILERS AND TO REVISE THE APPLICATION OF THE EXEMPTION FOR POLLUTION CONTROL EQUIPMENT IN GREIGE MILLS; TO AMEND SECTION 12-37-252, RELATING TO THE CLASSIFICATION AND ASSESSMENT OF PROPERTY QUALIFYING FOR EXEMPTION UNDER SECTION 12-37-250, SO AS TO PROVIDE THAT A PERSON QUALIFYING FOR THIS EXEMPTION ALSO MAY QUALIFY FOR A HOMESTEAD EXEMPT TAX REFUND; TO AMEND SECTION 12-37-275, RELATING TO THE DATE FOR SUBMISSION FOR REQUESTS FOR REIMBURSEMENT FOR CERTAIN UNCOLLECTED TAXES, SO AS TO PROVIDE FOR THE TREATMENT OF ACCOUNTS COVERED BY THIS PROVISION; TO AMEND SECTION 12-37-610, RELATING TO LIABILITY FOR PAYMENT OF PROPERTY TAXES, SO AS TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO THE VALUATION OF PROPERTY, DEPRECIATION ALLOWANCES FOR MANUFACTURER'S MACHINERY AND EQUIPMENT, AND ADJUSTMENTS IN CERTAIN ALLOWANCES, SO AS TO PROVIDE TECHNICAL CHANGES, SUBSTITUTE "WATERCRAFT AND AIRCRAFT" FOR "BOATS AND AIRPLANES" AND TO PROVIDE THAT THIS PROVISION APPLIES TO CERTAIN WATERCRAFT AND AIRCRAFT; TO AMEND SECTION 12-43-217, AS AMENDED, RELATING TO THE CONDUCTING OF CERTAIN PROPERTY REASSESSMENTS, SO AS TO REVISE THE REASSESSMENT PERIOD; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CERTAIN ASSESSMENT RATIOS FOR PROPERTY SUBJECT TO AD VALOREM TAXATION, PROCEDURES FOR CLAIMING CERTAIN AD VALOREM TAXATION CLASSIFICATIONS AND THE ROLL-BACK OF CERTAIN TAXES, SO AS TO PROVIDE CERTAIN TECHNICAL CHANGES, ESTABLISH ADDITIONAL REQUIREMENTS TO QUALIFY FOR THE FOUR PERCENT OWNER-OCCUPIED RESIDENTIAL PROPERTY ASSESSMENT RATIO AND VARIOUS METHODS OF PROVIDING DOCUMENTATION TO THE ASSESSOR OF ELIGIBILITY AND TO PROVIDE EXCEPTIONS, AND THAT STANDING TIMBER WILL NOT BE USED IN DETERMINING FAIR MARKET VALUE FOR CERTAIN REAL PROPERTY; TO AMEND SECTION 12-51-40, AS AMENDED, RELATING TO EXECUTION COSTS, THE LEVY OF A WARRANT OR EXECUTION, A NOTICE OF DELINQUENT TAXES, SEIZURE OF PROPERTY, AND AN ADVERTISEMENT OF SALE, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 12-51-55, RELATING TO THE REQUIRED BID ON BEHALF OF FORFEITED LAND COMMISSION WHEN PROPERTY IS SOLD FOR NONPAYMENT OF AD VALOREM TAXES, SO AS TO PROVIDE THE PROCEDURE FOR DISPOSING OF CONTAMINATED REAL PROPERTY; TO AMEND SECTION 12-60-2510, RELATING TO PROPERTY TAX ASSESSMENT NOTICES, SO AS TO REVISE THE DATE WHEN TAX ASSESSMENT NOTICES MUST BE MAILED, AND TO ELIMINATE CERTAIN INFORMATION FROM A PROPERTY TAX ASSESSMENT NOTICE; TO AMEND SECTION 12-60-2910, RELATING TO A REQUEST TO MEET WITH AN AUDITOR REGARDING A PERSONAL PROPERTY TAX ASSESSMENT, AND A WRITTEN PROTEST FOLLOWING THE MEETING, SO AS TO REVISE THE PERIOD WHEN A PERSON MAY MEET WITH AN AUDITOR; TO AMEND SECTION 12-51-60, AS AMENDED, RELATING TO TAX SALES, SO AS TO PROVIDE FOR NOTICE OF ANY EXCESS FOR THE SALE DUE THE DEFAULTING TAXPAYER; TO AMEND SECTION 12-51-120, AS AMENDED, RELATING TO REDEMPTION OF PROPERTY, SO AS TO REVISE NOTICE REQUIREMENTS AND CONFORM THE REFERENCE TO AN INTEREST RATE TO CURRENT LAW; TO AMEND SECTION 12-54-250, AS AMENDED, RELATING TO PAYMENT OF TAXES IN FUNDS IMMEDIATELY AVAILABLE, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE TO PRESCRIBE ALTERNATIVE MEANS FOR FILING TAX RETURNS AND REPORTS AND PROVIDE FOR THE TIME INTEREST AND PENALTIES MAY APPLY TO SUCH PAYMENTS; TO ADD SECTIONS 12-21-3920, 12-21-3940, 12-21-3950, AND 12-21-4060 SO AS TO PROVIDE DEFINITIONS AND LICENSING REQUIREMENTS FOR THE GAME OF BINGO; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO SOUTH CAROLINA INDIVIDUAL INCOME TAX DEDUCTIONS, SO AS TO DELETE THE DEDUCTIONS FOR BINGO PRIZES; TO ADD SECTION 12-21-3955 SO AS TO PROVIDE FOR THE DESIGNATION OF A PROMOTER FOR PURPOSES OF BINGO REGULATION; TO AMEND SECTIONS 12-21-4000 AND 12-21-4030, RELATING TO BINGO, SO AS TO DELETE CERTAIN REQUIREMENTS OF THE CALLER AND LIMIT CHARGES FOR CARDS; AND TO AMEND SECTION 12-36-90, AS AMENDED, RELATING TO THE DEFINITION OF GROSS PROCEEDS OF SALES FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO EXCLUDE FROM THE DEFINITION CERTAIN SOLID WASTE FEES.

(R529) H. 5027 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS, RELATING TO CONTINUING PROFESSIONAL COMPETENCY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1912, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

At 1:25 P.M., on motion of Senator SALEEBY, the Senate receded from business until 2:30 P.M.

The Senate reassembled at 2:30 P.M. and was called to order by the PRESIDENT.

At 2:30 P.M., on motion of Senator REESE, the Senate receded from business not to exceed ten minutes.

At 2:43 P.M., the Senate resumed.

On motion of Senator J. VERNE SMITH, the Senate agreed to dispense with the Motion Period.

S. 1449 -- Senator Patterson: A SENATE RESOLUTION TO AMEND RULE 36 OF THE SENATE RULES, RELATING TO ADMISSION TO THE FLOOR OF THE SENATE, BY ADDING ITEM (D) SO AS TO SPECIFY THAT ANY MEMBER WHO IS GRANTED UNANIMOUS CONSENT TO HAVE MATERIAL DISTRIBUTED ON THE FLOOR OF THE SENATE MUST SPECIFY THE SOURCE OF THE MATERIAL BEING DISTRIBUTED.

Be it resolved by the Senate:

That Rule 36 of the Rules of the Senate shall be amended by adding:

Any member who is granted unanimous consent to have material distributed on the floor of the Senate must specify that he is the source of the material being distributed, by affixing his signature to the material or similar means of identification.

Senator PATTERSON asked unanimous consent to make a motion to take up the Senate Resolution for immediate consideration.

There was no objection.

Senator PATTERSON spoke on the Resolution.

Senator THOMAS proposed the following Amendment No. 1 (RES1038.DLT):

Amend the resolution, as and if amended, line 25, by adding before /Any/ the following:

/(1)/

Amend the resolution further, as and if amended, after line 28, by adding the following:

/(2)   No member while at the podium or while addressing the body from the floor may use profanity./

Renumber sections to conform.

Amend title to conform.

Senator THOMAS explained the amendment.

Senator COURSON raised a Point of Order that the motion to take up the Senate Resolution was out of order inasmuch as it was not included in the provisions of H. 5041, the Sine Die Resolution.

The PRESIDENT sustained the Point of Order.

Columbia, S.C., June 13, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.448, S. 944 by a vote of 1 to 0:

(R448) S. 944 -- Senators Greg Smith and Rose: AN ACT TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF GEORGETOWN COUNTY.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 13, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Rep. Young-Brickell in lieu of Rep. Klauber of the Committee of Conference on the part of the House on:

H. 3515 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 2-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE ADVANCE SHEETS OF STATUTES, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE ADVANCE SHEETS MUST BE DISTRIBUTED; AND TO AMEND SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF SETS OF THE CODE OF LAWS OF SOUTH CAROLINA, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE SETS MUST BE DISTRIBUTED.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 13, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4472 -- Reps. Klauber, Hallman, Seithel, H. Brown, Sandifer, Cain, Kirsh, Richardson, R. Smith, Bailey, Fulmer, Wofford, Young-Brickell, Dantzler, Koon, Wilkins, J. Young, Cato, Limbaugh, Carnell, J. Harris, Wells, Allison, Spearman, Waldrop and Phillips: A BILL TO AMEND TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTIONS AND PRISONERS, BY ADDING CHAPTER 27 SO AS TO REQUIRE SPECIFIED PAYMENTS OF FILING FEES AND COURT COSTS REGARDING INMATE LITIGATION, TO PROVIDE FOR THE LOSS OF EARNED WORK, EDUCATION, AND GOOD-TIME CREDITS BY A PRISONER IF THE COURT FINDS HE ENGAGED IN CERTAIN IMPROPER ACTIONS REGARDING LEGAL OR ADMINISTRATIVE PROCEEDINGS, AND TO PREVENT A PRISONER FROM BRINGING CERTAIN CIVIL ACTIONS OR APPEALS IF HE HAS BEEN FOUND ON THREE OR MORE PRIOR OCCASIONS OF HAVING INSTITUTED FRIVOLOUS LITIGATION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 13, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on the following Bill:

H. 4796 -- Reps. Fulmer, Koon, Harvin, Carnell, Robinson, Stuart, Seithel, Shissias, Limehouse, Hallman, Harrell and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-37-2810, 12-37-2820, 12-37-2830, 12-37-2840, 12-37-2850, 12-37-2860, 12-37-2870, AND 12-37-2880 SO AS TO PROVIDE CERTAIN DEFINITIONS, THAT THE DEPARTMENT OF PUBLIC SAFETY ANNUALLY SHALL ASSESS, EQUALIZE, AND APPORTION THE VALUATION OF ALL MOTOR CARRIER VEHICLES, THAT THE VALUE OF MOTOR CARRIER VEHICLES SUBJECT TO PROPERTY TAX MUST BE DETERMINED BY THE DEPARTMENT OF PUBLIC SAFETY AND THAT THIS PROPERTY TAX MUST BE PAID TO THE DEPARTMENT ANNUALLY, THE METHOD THAT THE TAXES MUST BE DISBURSED, THAT IN LIEU OF THE PROPERTY TAX AND REGISTRATION REQUIREMENTS, A ONE-TIME FEE MAY BE PAID UNDER CERTAIN CIRCUMSTANCES AND THE DISTRIBUTION OF THIS FEE, AND TO PROVIDE AN EXEMPTION FROM PROPERTY TAXES FOR CERTAIN MOTOR VEHICLES.
Very respectfully,
Speaker of the House

The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

A message was sent to the House accordingly.

H. 4796 -- Reps. Fulmer, Koon, Harvin, Carnell, Robinson, Stuart, Seithel, Shissias, Limehouse, Hallman, Harrell and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-37-2810, 12-37-2820, 12-37-2830, 12-37-2840, 12-37-2850, 12-37-2860, 12-37-2870, AND 12-37-2880 SO AS TO PROVIDE CERTAIN DEFINITIONS, THAT THE DEPARTMENT OF PUBLIC SAFETY ANNUALLY SHALL ASSESS, EQUALIZE, AND APPORTION THE VALUATION OF ALL MOTOR CARRIER VEHICLES, THAT THE VALUE OF MOTOR CARRIER VEHICLES SUBJECT TO PROPERTY TAX MUST BE DETERMINED BY THE DEPARTMENT OF PUBLIC SAFETY AND THAT THIS PROPERTY TAX MUST BE PAID TO THE DEPARTMENT ANNUALLY, THE METHOD THAT THE TAXES MUST BE DISBURSED, THAT IN LIEU OF THE PROPERTY TAX AND REGISTRATION REQUIREMENTS, A ONE-TIME FEE MAY BE PAID UNDER CERTAIN CIRCUMSTANCES AND THE DISTRIBUTION OF THIS FEE, AND TO PROVIDE AN EXEMPTION FROM PROPERTY TAXES FOR CERTAIN MOTOR VEHICLES.

On motion of Senator MOORE, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator MOORE spoke on the report.

On motion of Senator MOORE, with unanimous consent, Free Conference Powers were granted.

Whereupon, the PRESIDENT appointed Senators MOORE, RANKIN and ALEXANDER to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator MOORE, the Report of the Committee of Free Conference to H. 4796 was adopted as follows:

The COMMITTEE OF FREE CONFERENCE, to whom was referred:

H. 4796 -- Reps. Fulmer, Koon, Harvin, Carnell, Robinson, Stuart, Seithel, Shissias, Limehouse, Hallman, Harrell and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-37-2810, 12-37-2820, 12-37-2830, 12-37-2840, 12-37-2850, 12-37-2860, 12-37-2870, AND 12-37-2880 SO AS TO PROVIDE CERTAIN DEFINITIONS, THAT THE DEPARTMENT OF PUBLIC SAFETY ANNUALLY SHALL ASSESS, EQUALIZE, AND APPORTION THE VALUATION OF ALL MOTOR CARRIER VEHICLES, THAT THE VALUE OF MOTOR CARRIER VEHICLES SUBJECT TO PROPERTY TAX MUST BE DETERMINED BY THE DEPARTMENT OF PUBLIC SAFETY AND THAT THIS PROPERTY TAX MUST BE PAID TO THE DEPARTMENT ANNUALLY, THE METHOD THAT THE TAXES MUST BE DISBURSED, THAT IN LIEU OF THE PROPERTY TAX AND REGISTRATION REQUIREMENTS, A ONE-TIME FEE MAY BE PAID UNDER CERTAIN CIRCUMSTANCES AND THE DISTRIBUTION OF THIS FEE, AND TO PROVIDE AN EXEMPTION FROM PROPERTY TAXES FOR CERTAIN MOTOR VEHICLES.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/SECTION   1.   Chapter 37, Title 12 of the 1976 Code is amended by adding:

Section 12-37-2810.   As used in this article, unless the context requires otherwise:

(A)   'Motor carrier' means a person who owns, controls, operates, manages, or leases a motor vehicle for the transportation of property in intrastate or interstate commerce. Motor carriers are further defined as being a South Carolina based International Registration Plan registrant or owning or leasing real property within this State used directly in the transportation of freight.

(B)   'Motor vehicle' means a motor propelled vehicle used for the transportation of property on a public highway with a gross vehicle weight of greater than twenty-six thousand pounds.

(C)   'Highway' means all public roads, highways, streets, and ways in this State, whether within a municipality or outside of a municipality.

(D)   'Person' means any individual, corporation, firm, partnership, company or association, and includes a guardian, trustee, executor, administrator, receiver, conservator, or a person acting in a fiduciary capacity.

(E)   'Semitrailers' means every vehicle with or without motive power, other than a pole trailer, designed for carrying property and for being drawn by a motor vehicle and constructed so that a part of its weight and of its load rests upon or is carried by another vehicle.

(F)   'Trailers' means every vehicle with or without motive power, other than a pole trailer, designed for carrying property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle.

Section 12-37-2820.   The Department of Public Safety annually shall assess, equalize, and apportion the valuation of all motor vehicles of motor carriers. The valuation must be based on fair market value for the motor vehicles and an assessment ratio of nine and one-half percent as provided by Section 12-43-220(g). Fair market value is determined by depreciating the gross capitalized cost of each motor vehicle by an annual percentage depreciation allowance down to ten percent of the cost as follows:

(1)   Year One     -     .90

(2)   Year Two     -     .80

(3)   Year Three     -     .65

(4)   Year Four     -     .50

(5)   Year Five     -     .35

(6)   Year Six     -     .25

(7)   Year Seven     -     .20

(8)   Year Eight     -     .15

(9)   Year Nine     -     .10

Section 12-37-2830.   The value of motor carrier's vehicles subject to property taxes in this State must be determined by the Department of Public Safety based on the ratio of total mileage operated within this State during the preceding calendar year to the total mileage of its entire fleet operated within and without this State during the same preceding calendar year.

Section 12-37-2840.   Motor carriers must file an annual property tax return with the Department of Public Safety no later than the thirtieth day of June for the preceding calendar year with one-half or the entire tax due.

Section 12-37-2850.   The Department of Public Safety shall assess annually the taxes due based on the value determined in Section 12-28-2820 and an average millage for all purposes statewide for the current year. The average millage may be increased to cover any loss of revenue from not licensing trailers incurred by the Department of Public Safety. The taxes assessed must be paid to the Department of Public Safety no later than December thirty-first of each year and may be made in two equal installments. Distribution of the taxes must be made by the Treasurer's Office based on the distribution formula contained in Section 12-37-2870.

Section 12-37-2860.   In lieu of the property taxes and registration requirements after the initial registration on semitrailers and trailers, a one-time fee of eighty-seven dollars is due on all semitrailers and trailers currently registered and subsequently on each semitrailer and trailer before being placed in service. Twelve dollars of the one-time fee must be distributed to the Department of Public Safety. The remaining seventy-five dollars of the fee must be distributed based on the distribution formula contained in Section 12-37-2870.

Section 12-37-2870.   The distribution for each county must be determined on the ratio of total federal and state highway miles within each county during the preceding calendar year to the total federal and state highway miles within all counties of this State during the same preceding calendar year. The county must distribute the revenue from the payment-in-lieu of taxes received pursuant to this section to every governmental entity levying a property tax in the manner set forth below. For each governmental entity levying a property tax, the entire assessed value of the taxable property within its boundaries and the county area must be multiplied by the millage rate imposed by the governmental entity. That figure constitutes the numerator for that governmental entity. The total of the numerators for all property tax levying entities within the county area constitutes the denominator. The numerator for each governmental entity must be divided by the denominator. The resulting percentage must be multiplied by the payment-in-lieu of tax revenue received pursuant to this section and that amount distributed to the general fund of the appropriate governmental entity.

Section 12-37-2880.   Motor vehicles, as defined in Section 12-37-2810, owned, operated, managed, or leased by a motor carrier are exempt from property tax except as provided in this article."

SECTION   2.   For the taxes assessed and required to be paid in accordance with this act, under Section 12-37-2850 of the 1976 Code, credit shall be allowed for motor carrier's vehicle taxes previously paid for the 1998 tax year.

SECTION   3.   The first annual property tax return under this act, required to be filed by Section 12-37-2840 of the 1976 Code, is due June 30, 1998.

SECTION   4.   A.   Section 12-28-310 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-310.   Subject to the exemptions provided in this chapter, a tax of sixteen cents a gallon is imposed on all gasoline used or consumed in this State and upon all diesel fuel used or consumed in this State in producing or generating power for propelling motor vehicles. The tax levied on taxable motor fuel pursuant to this chapter is a levy and assessment on the consumer, and the levy and assessment on other persons as specified in this chapter are as agents of the State for the collection of the tax. This section does not affect the method of collecting the tax as provided in this chapter. The tax imposed by this section must be collected and paid at those times, in the manner, and by those persons specified in this chapter. The license tax imposed by this section shall be in lieu of all sales, use, or other excise tax which may otherwise be imposed by any municipality, county, or other local political subdivision of the State."

B.   Section 12-28-720 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-720.   The exemption for imports exports:

(1)   under Section 12-28-710(A)(1) must be perfected by a deduction on the report of the supplier which is otherwise responsible for tax on removal of the product from a terminal or refinery in this State;

(2)   under Section 12-28-710(A)(2) and 12-28-710(A)(4) may be perfected at the option of the exporter by a refund claim if the claim in the aggregate month to date exceeds one thousand dollars, by a refund claimed on the licensed exporter report for that month's activity, or under Section 12-28-710(A)(3) if a diversion by an unlicensed exporter upon a refund application is made to the department within three years."

C.   Section 12-28-740(2)(a)(iv) of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"(iv)   a list of government tax-exempt purchasers qualifying under subsubitem (iii) (c) of this subitem and estimated volumes for them;"

D.   Section 12-28-795 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-795.   If a claim for refund is not issued within thirty days of the filing required by Section 12-28-785, the department shall pay interest at the rate provided for in Section 12-54-30 from the date of filing of the claim for refund until a date, determined by the director, that does not precede by more than thirty days, the date on which the refund is made. Interest on a claim for refund must be paid at the rate and in the manner provided for in Section 12-54-25."

E.   Section 12-28-905 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-905.   (A)   Except as otherwise provided in this chapter, the tax imposed by Section 12-28-310 on taxable motor fuel measured by gallons imported from another state must be paid by the licensed occasional importer who has imported the nonexempt taxable motor fuel within three business days of the earlier of the time the nonexempt taxable motor fuel was entered into the State or the time a valid import verification number required by Section 12-28-1135 12-28-1125 was assigned by the department under regulations the department promulgates. However, if the supplier has made a blanket election to pre-collect tax under Section 12-28-910(B), he is jointly liable with the importer for the tax and shall remit the tax to the department on behalf of the importer under the same terms as a supplier payment under Section 12-28-920 12-28-915, and no import verification number is required.

(B)   Except as otherwise provided in this section, the tax imposed by Section 12-28-310 on taxable motor fuel measured by gallons imported from another state must be paid by the licensed bonded importer who has imported the nonexempt taxable motor fuel during a month before the twenty-second day of the following month unless the day falls upon a weekend or state or banking holiday, in which case the liability is due the next succeeding business day, if before the time of import the importer obtains a valid import verification number required by Section 12-28-1135 12-28-1125, assigned by the department under regulations promulgated by the department. However, if the supplier has made a blanket election to pre-collect tax under Section 12-28-910(3) 12-28-910(B), he is jointly liable with the importer for the tax and shall remit the tax to the department on behalf of the importer under the same terms as a supplier payment under Section 12-28-920 12-28-915, and no import verification number is required."

F.   Section 12-28-915(D) of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"(D)   A supplier shall remit give notification of late taxes remitted to the supplier by an eligible purchaser and give timely notification to the department of late remittances if that supplier previously gave notice to the department of an uncollectible tax amount pursuant to Section 12-28-940(B)."

G.   Section 12-28-925 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-925.   Each supplier and bonded importer who sells taxable motor fuel shall collect from the purchaser the motor fuel tax imposed under Section 12-28-310. At the election of an eligible purchaser evidenced by a written statement from the department as to the purchaser eligibility status as determined under Section 12-28-930, the seller may not require a payment of motor fuel tax on transport truckloads from the purchaser sooner than one business day before the date on which the tax is required to be remitted by the supplier or bonded importer under Section 12-28-915. This election is subject to a condition that the eligible purchaser's remittances of all amounts of tax due the seller must be paid by electronic funds transfer before the third preceding day before the date of the remittance by the supplier to the department. Failure of a supplier or bonded importer to comply with the requirements of this section may result in suspension or revocation of the license in accordance with Section 12-28-1180(B). The eligible purchaser's election under this subsection may be terminated by the seller if the eligible purchaser does not make timely payments to the seller as required by this section."

H.   Section 12-28-935 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-935.   The department may rescind a purchaser's eligibility and election to defer taxable motor fuel tax remittances after a hearing and upon a showing of good cause, including failure to make timely tax deferred payment to a supplier of tax under Section 12-28-930 12-28-925 by sending written notice to all suppliers or publishing notice of the revocation pursuant to regulations. The department may require further assurance of the purchaser's financial responsibility, may increase the bond requirement for that purchaser, or may take other action to ensure remittance of the taxable motor fuel tax. The department shall follow the revocation procedures under Section 12-28-1180 in rescinding eligible purchaser status."

I.   Section 12-28-940 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-940.   (A)   In computing the amount of motor fuel tax due, the supplier is entitled to a credit against the tax payable in the amount of tax paid by the supplier that is uncollectible from an eligible purchaser.

(B)   The supplier shall provide notice to the department of a failure to collect tax within ten days following the earliest date on which the supplier was entitled to collect the tax from the eligible purchaser under Section 12-28-925.

(C)   The department shall promulgate regulations establishing the evidence a supplier shall provide to receive the credit.

(D)   The credit must be claimed on the first return following the date of the failure of the eligible purchaser if the payment remains unpaid as of the filing date of that return or the deduction credit is disallowed.

(E)   The claim for credit must identify the defaulting eligible purchaser and any tax liability that remains unpaid.

(F)   If an eligible purchaser fails to make a timely payment of the amount of tax due, the supplier's credit is limited to the amount due from the purchaser, plus any tax that accrues from that purchaser for a period ending upon the date the supplier receives notice from the department of revocation of eligible purchaser status.

(G)   No additional credit is allowed to a supplier under this section until the department authorizes the purchaser to make a new election under Section 12-28-930 12-28-925."

J.   Section 12-28-970(A) of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"(A)   A backup tax equal to the tax imposed by Section 12-28-310 is imposed and must be administered in accordance with regulations promulgated by the department on the use on the highways of taxable motor fuel by an end user, including operators of state and local government vehicles, American Red Cross vehicles, and buses, and other persons exempted from the full federal highway tax, unless the person is exempted otherwise under Section 12-28-710(A)(12), upon the delivery in this State into the fuel supply tank of a highway vehicle of:

(1)   diesel fuel that contains a dye;

(2)   taxable motor fuel on which a claim for refund has been made;

(3)   alternative fuels; or

(4)   liquid on which tax previously has not been imposed by this chapter."

K.   Section 12-28-1130 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-1130.   Each person who is an importer of taxable motor fuel into this State by a tank wagon operating out of or controlling a bulk plant in another state, if the destination of that tank wagon is within twenty-five miles of the borders of South Carolina, shall make application for and obtain a license from the department before engaging in import activities. However, registration as a tank wagon operator-importer does not constitute authorization of the persons to acquire nonexempt motor fuel free of the tax imposed by this chapter at a terminal either within or outside this State for direct delivery to a location in South Carolina. A person who possesses a valid importer's license is eligible as a tank wagon operator-importer without issuance of a separate license if the importer also operates one or more bulk plants outside this State. The fee for a tank wagon operator-importer license is fifty dollars. Operators of tank wagon delivery product wagons delivering products into this State more than twenty-five miles from the border shall apply for an importer's license under Section 12-28-1125."

L.   Section 12-28-1135 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-1135.   (A)   Each person who engages in the business of selling taxable motor fuel at wholesale or retail or storing or distributing taxable motor fuel for resale within this State first shall obtain a fuel vendor license which is operative for all locations controlled or operated by that licensee in this State or in any other state from which the person removes fuel for delivery and use in South Carolina.

(B)   Each fuel vendor shall maintain detailed records of all purchases and sales for no less than three years.

(C)   All fuel vendor records must be maintained in English and Arabic numerals or acceptable to electronic formats.

(D)   Each fuel vendor shall make an annual report of taxable gallons sold at retail by county in accordance with Section 12-28-720 12-28-1390.

(E)   In its discretion, the department may exempt from subsection (A) persons who possess a valid supplier, terminal operator, carrier transporter, importer, tank wagon operator, or exporter license. The fee for the full fuel vendor license is fifty dollars."

M.   The 1976 Code is amended by adding:

"Section 12-28-1139.   Each person who is liable for the tax imposed by Sections 12-28-970 and 12-28-990(C) who is not licensed under Sections 12-28-1100 through 12-28-1135 shall obtain a miscellaneous fuel tax license. There is no registration fee for this license."

N.   Section 12-28-1150 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-1150.   Applicants, including corporate officers, partners, and individuals, for a license issued by the commissioner director, may be required to submit their fingerprints to the department at the time of applying. Officers of publicly-held corporations and their subsidiaries are exempt from this fingerprinting provision. Persons, other than applicants for an importer's license, who possessed licenses issued under a predecessor statute continuously for three years before the effective date of this chapter also are exempt from this provision. Fingerprints required by this section must be submitted on forms prescribed by the department. The department may forward to the Federal Bureau of Investigation or any other agency for processing all fingerprints submitted by license applicants. The receiving agency shall issue its findings to the department. The license application fee must be used to pay the cost of the investigation. The department or another state agency may maintain a file of fingerprints."

O.   Section 12-28-1155(D) of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"(D)   Fuel vendors defined in Section 12-28-1135, other than persons required to be licensed under provisions other than in that section those sections, and miscellaneous fuel tax licensees defined in Section 12-28-1139, are exempt from the bonding requirements of this section."

P.   Section 12-28-1180(B) of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"(B)   The department may suspend or revoke a license for failure to comply with this chapter after at least ten thirty days' notice to the licensee and a hearing, should such be requested, pursuant to the Administrative Procedures Act."

Q.   Section 12-28-1300(B) of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"(B)   The reports required by this section article must be filed with respect to information for the preceding calendar month on or before the twenty-second day of the current month."

R.   Section 12-28-1300(C)(13) of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"(13)   corrections made by the supplier pursuant to Section 12-28-795 12-28-1525 for changes in destination state which affect the supplier's or his customer's tax liability to this State;"

S.   Section 12-28-1320 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-1320.   Each licensed tank wagon operator importer shall file with the department monthly a verified sworn statement of operations within this State plus other information in respect of the source and means of transportation of nonexempt taxable motor fuel as the department in its discretion may require on forms it prescribes and furnishes. A person who knowingly violates or knowingly aids and abets another to violate this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days."

T.   Section 12-28-1390(A) of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"(A)   A fuel vendor shall file an annual report of total gallons of gasoline sold at retail through a retail outlet accessible to the general public by that vendor by county before January twenty-first February twenty-eighth annually for the preceding calendar year."

U.   The 1976 Code is amended by adding:

"Section 12-28-1395.   A person licensed as a miscellaneous fuel tax licensee in this State shall file monthly a sworn statement on forms prescribed by the department and furnish any information the department considers necessary to the enforcement of this chapter."

V.   Section 12-28-1505(A)(3)(b) of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"(b)   receives from the Secretary of State Department of Revenue and Taxation or its agent a verification number authorizing the diversion;"

W.   Section 12-28-2110 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-2110.   (A)   The department in its discretion may must collect in lieu of the tax imposed by this chapter on taxable motor fuels consumed on the highways by state and local government diesel and other federally exempt fuel-powered highway vehicles, a fuel replacement tax imposed on the operation and the use on the highways of the vehicles, to be collected and administered in accordance with subsections (B) and (C) Sections 12-28-1139 and 12-28-1395.

(B)   The tax imposed by this section must be paid before April first annually by the operator of each state and local government and other federally exempt vehicles used on the highways in this State. The amount of tax must be determined by the department to equate to the amount of motor fuel tax which would have been paid if that tax also is levied on diesel fuel consumed on the highways in the State and local government and other federally exempt diesel-powered highway vehicles by reference to a formula of reasonably expected mileage for that vehicle and fuel consumption for diesel powered vehicles of similar weight, design, and intended use.

(C)   No person charged with responsibility for operation of a vehicle covered by this section may permit the operation of any such vehicle on the highways of this State without the affixation of a decal issued annually by the department which establishes that the fuel replacement tax was paid with respect to that vehicle."

X.   Section 12-28-2360 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-2360.   A person may present to the department proof that he has paid an inspection fee on petroleum products in error or has paid an inspection fee on shipments of petroleum products subsequently diverted from the State, whereupon the department shall refund the amount of the inspection fee to the payee out of the petroleum products inspection fund, if the proof of the claim is submitted within six months from the date shown on the delivery manifest the time period provided for in Section 12-54-85."

Y.   Section 12-28-2380 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-2380.   All motor fuels placed into motor vehicles for use in their operation or for the operation of their parts or attachments are subject to the tax fees provided in this chapter article. This section does not apply to a seller-user of liquefied petroleum gas."

Z.   Section 12-28-2520 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-2520.   An oil company A motor fuel licensee may furnish the department with a statement of assets and liabilities, and if in the judgment of the department the property owned by the oil company motor fuel licensee is sufficient to protect the State in the payment of all gasoline motor fuel taxes due, a bond is not required."

AA.   Section 12-28-2510 of the 1976 Code is repealed.

BB.   Section 12-28-1575 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-1575.   In general, a notice stating: 'DYED DIESEL FUEL, NONTAXABLE USE ONLY, PENALTY FOR TAXABLE USE' must be:

(1) provided by the terminal operator to a person who receives dyed diesel fuel at a terminal rack of that terminal operator;

(2) provided by a seller of dyed diesel fuel to its buyer if the diesel fuel is located outside the bulk transfer/terminal system and is not sold from a retail pump or bulk plant posted in accordance with the requirements of item (3);

(3) posted by a seller on a retail pump or bulk plant where it sells dyed diesel fuel for use by its buyer."

CC.   Section 12-28-710(A)(1)(c) of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"(c)   which is destined for use other than for resale within the destination state for which an exemption has been made available by the destination state subject to procedural regulations promulgated by the department;"

DD.   Section 12-28-710(A)(7) of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"(7)   subject to determination by the department, that portion of diesel fuel taxable motor fuel used to operate equipment attached to a motor vehicle, if the diesel fuel taxable motor fuel was placed into the fuel supply tank of a motor vehicle that has a common fuel reservoir for travel on a highway and for the operation of equipment;"

EE.   Notwithstanding any other effective date provided in this act, this section takes effect May 1, 1996.

SECTION   5.   Section 56-5-4140 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"(1)(a)   The gross weight of a vehicle or combination of vehicles, operated or moved upon any interstate, highway or section of highway shall not exceed:

(1)   Single-unit vehicle with two axles   35,000 lbs.

(2)   Single-unit vehicle with three axles   46,000 lbs.

(3)   Single-unit vehicle with four or more axles   63,500 lbs.

Except, on the interstate, vehicles must meet axle spacing requirements and corresponding maximum overall gross weights, not to exceed 63,500 lbs., in accordance with the table in (b) plus tolerances.

(4)   Single unit vehicle with five or more axles   65,000 lbs.

Except, on the interstate, vehicles must meet axle spacing requirements and corresponding maximum overall gross weights, not to exceed 65,000 lbs., in accordance with the table in (b) plus tolerances.

(4)(5)   Combination of vehicles with three axles   50,000 lbs.

(5)(6)   Combination of vehicles with four axles   65,000 lbs.

(6)(7)   Combination of vehicles with five

or more axles   73,280 lbs.

The gross weight imposed upon any highway or section of highway other than the interstate by two or more consecutive axles in tandem articulated from a common attachment to the vehicle and spaced not less than forty inches nor more than ninety-six inches apart shall not exceed thirty-six thousand pounds, and no one axle of any such group of two or more consecutive axles shall exceed the load permitted for a single axle. The load imposed on the highway by two consecutive axles, individually attached to the vehicle and spaced not less than forty inches nor more than ninety-six inches apart, shall not exceed thirty-six thousand pounds and no one axle of any such group of two consecutive axles shall exceed the load permitted for a single axle.

The ten percent enforcement tolerance specified in Section 56-5-4160 applies to the vehicle weight limits specified in this section except, the gross weight on a single axle operated on the interstate may not exceed 20,000 pounds, including all enforcement tolerances; the gross weight on a tandem axle operated on the interstate may not exceed 35,200 pounds, including all enforcement tolerances; and the overall gross weight for vehicles operated on the interstate may not exceed 75,185 pounds, including all enforcement tolerances except as provided in (b).

(b)   Vehicles with an overall maximum gross weight in excess of 75,185 pounds may operate upon any highway or section of highway in the Interstate System up to an overall maximum of 80,000 pounds in accordance with the following:

The weight imposed upon the highway by any group of two or more consecutive axles may not, unless specially permitted by the department exceed an overall gross weight produced by the application of the following formula:

W=500 (LN/N-1 + 12N + 36)

In the formula W equals overall gross weight on any group of two or more consecutive axles to the nearest 500 pounds, L equals distance in feet between the extreme of any group of two or more consecutive axles, and N equals number of axles in the group under consideration.

As an exception, two consecutive sets of tandem axles may carry a gross load of 68,000 pounds if the overall distance between the first and last axles of the consecutive sets of tandem axles is 36 feet or more. The formula is expressed by the following table:

Distance in feet

between the extremes Maximum load in pounds

of any group of 2 or carried on any group of 2

more consecutive axles or more consecutive axles

2   3   4   5   6   7

axles   axles   axles   axles   axles   axles
4   35,200
5   35,200
6   35,200
7   35,200
8 and
less   35,200   35,000

35,200
more
than 8   38,000   42,000
8   35,200   35,200
9   39,000   43,000

42,500
10   40,000   43,500
11     44,500

44,000
12     45,000   50,000
13     46,000   50,500

45,500
14     46,500   51,500
15     47,500   52,000
16     48,000   52,500   58,000
17     49,000   53,500   58,500

48,500
18     49,500   54,000   59,500

59,000
19     50,500   54,500   60,000
20     51,000   55,500   60,500   66,000

Distance in feet

between the extremes Maximum load in pounds

of any group of 2 or carried on any group of 2

more consecutive axles or more consecutive axles

2   3   4   5   6   7

axles   axles   axles   axles   axles   axles
21     52,000   56,000   61,000   66,500

51,500
22     52,500   56,500   62,000   67,000

61,500
23     53,500   57,500   62,500   68,000

53,000
24     54,000   58,000   63,000   68,500   74,000
25     55,000   58,500   63,500   69,000   74,500

54,500
26     55,500   59,500   64,500   69,500   75,000

64,000
27     56,500   60,000   65,000   70,000   75,500

56,000
28     57,000   60,500   65,500   71,000   76,500
29     58,000   61,500   66,000   71,500   77,000

57,500
30     58,500   62,000   67,000   72,000   77,500

66,500
31     59,500   62,500   67,500   72,500   78,000

59,000
32     60,000   63,500   68,000   73,000   78,500
33     64,000   68,500   74,000   79,000

64,000   68,500   74,000   79,000
34     64,500   69,500   74,500   80,000

64,500   69,000   74,500     80,000
35     65,500   70,000   75,000

65,500   70,000   75,000
36     68,000   70,500   75,500

68,000   70,500   75,500
37     68,000   71,000   76,000

68,000   71,000   76,000
38     68,000   72,000   77,000

68,000   71,500   77,000
39     68,000   72,500   77,500

68,000   72,500   77,500

Distance in feet

between the extremes Maximum load in pounds

of any group of 2 or carried on any group of 2

more consecutive axles or more consecutive axles

2   3   4   5   6   7

axles   axles   axles   axles   axles   axles
40     68,500   73,000   78,000

68,500   73,000   78,000
41     69,500   73,500   78,500

69,500   73,500   78,500
42     70,000   74,500   79,000

70,000   74,000   79,000
43     70,500   75,000   80,000

70,500   75,000   80,000
44     71,500   75,500

71,500   75,500
45     72,000   76,000

72,000   76,000
46     72,500   77,000

72,500   76,500
47     73,500   77,500

73,500   77,500
48     74,000   78,000

74,000   78,000
49     74,500   78,500

74,500   78,500
50     75,500   79,500

75,500   79,000
51     76,000   80,000

76,000   80,000
52     76,500   76,500
53     77,500   77,500
54     78,000   78,000
55     78,500   78,500
56     79,500   79,500
57     80,000   80,000

(2)   Except on the interstate highway system:

(a)   Dump trucks, dump trailers, trucks carrying agricultural products, concrete mixing trucks, fuel oil trucks, line trucks, and trucks designated and constructed for special type work or use are not required to conform to the axle spacing requirements of this section. However, the vehicle is limited to a weight of twenty thousand pounds for each axle plus scale tolerances and the maximum gross weight of these vehicles may not exceed the maximum weight allowed by this section for the appropriate number of axles, irrespective of the distance between axles, plus allowable scale tolerances.

(b)   Concrete mixing trucks which operate within a fifteen-mile radius of their home base are not required to conform to the requirements of this section. However, these vehicles are limited to a maximum load of the rated capacity of the concrete mixer, the true gross load not to exceed sixty-six thousand pounds. All of these vehicles shall have at least three axles each with brake-equipped wheels.

(c)   Well-drilling, boring rigs, and tender trucks are not required to conform to the axle spacing requirements of this section. However, the vehicle is limited to seventy thousand pounds gross vehicle weight and twenty-five thousand pounds for each axle plus scale tolerances."

SECTION   6.   Section 57-11-20(A) of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:

"(A)   All state revenues and state monies dedicated by statute to the operation of the department must be deposited into one fund to be known as the 'state highway fund' and all federal revenues and federal monies must be deposited into the 'federal aid highway fund'. These funds must be held and managed by the State Treasurer separate and distinct from the general fund, except as to monies utilized by the State Treasurer for the payment of principal or interest on state highway bonds as provided by law. Interest income from the state highway fund must be deposited to the credit of the state highway fund. The commission may commit up to the maximum annual debt service provided in Article X, Section 13 of the South Carolina Constitution into a special fund to be used for the sole purpose of paying the principal and interest, as it comes due, on bonds issued for the construction and/or maintenance of state highways. This special account will be designated as the State Highway Construction Debt Service Fund."

SECTION   7.   Sections 1, 2, and 3 of this act are effective for calendar years beginning after December 31, 1997. Section 4 of this act is effective May 1, 1996. Sections 5 and 6 of this act take effect upon approval by the Governor./

Amend title to conform.

/s/Thomas L. Moore                C. Alexander Harvin, III
/s/Luke A. Rankin                 /s/Ronald C. Fulmer
/s/Thomas C. Alexander            /s/Larry L. Koon
On Part of the Senate.            On Part of the House.

Columbia, S.C., June 13, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has granted Free Conference Powers and appointed Reps. Fulmer, Harvin and Koon of the Committee of Free Conference on the part of the House on:

H. 4796 -- Reps. Fulmer, Koon, Harvin, Carnell, Robinson, Stuart, Seithel, Shissias, Limehouse, Hallman, Harrell and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-37-2810, 12-37-2820, 12-37-2830, 12-37-2840, 12-37-2850, 12-37-2860, 12-37-2870, AND 12-37-2880 SO AS TO PROVIDE CERTAIN DEFINITIONS, THAT THE DEPARTMENT OF PUBLIC SAFETY ANNUALLY SHALL ASSESS, EQUALIZE, AND APPORTION THE VALUATION OF ALL MOTOR CARRIER VEHICLES, THAT THE VALUE OF MOTOR CARRIER VEHICLES SUBJECT TO PROPERTY TAX MUST BE DETERMINED BY THE DEPARTMENT OF PUBLIC SAFETY AND THAT THIS PROPERTY TAX MUST BE PAID TO THE DEPARTMENT ANNUALLY, THE METHOD THAT THE TAXES MUST BE DISBURSED, THAT IN LIEU OF THE PROPERTY TAX AND REGISTRATION REQUIREMENTS, A ONE-TIME FEE MAY BE PAID UNDER CERTAIN CIRCUMSTANCES AND THE DISTRIBUTION OF THIS FEE, AND TO PROVIDE AN EXEMPTION FROM PROPERTY TAXES FOR CERTAIN MOTOR VEHICLES.
Very respectfully,
Speaker of the House

At 3:37 P.M., on motion of Senator SETZLER, the Senate receded from business not to exceed five minutes.

At 3:43 P.M., the Senate resumed.

At 3:43 P.M., Senator MARTIN assumed the Chair.

H. 4434 -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN SUSPENDED FOR A FIFTH OFFENSE.

On motion of Senator HOLLAND, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator HOLLAND spoke on the report.

On motion of Senator HOLLAND, with unanimous consent, Free Conference Powers were granted.

Whereupon, the PRESIDENT appointed Senators HOLLAND, HAYES and COURTNEY to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator HOLLAND, the Report of the Committee of Free Conference to H. 4434 was adopted as follows:

The COMMITTEE OF FREE CONFERENCE, to whom was referred:

H. 4434 -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN SUSPENDED FOR A FIFTH OFFENSE.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/SECTION   1.   The first paragraph of Section 56-5-2990 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"The department shall suspend the driver's license of any a person who is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the violation of Section 56-5-2930 or for the violation of any other another law or ordinance of this State or of any a municipality of this State that prohibits any a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics for six months for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail, one year for the second conviction, plea of guilty or of nolo contendere, or forfeiture of bail, two years for the third offense, three years for the fourth offense, and a permanent revocation of the driver's license for fifth fourth and subsequent offenses. Only those violations which occurred within ten years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section. Any A person whose license is revoked following conviction for a fifth fourth offense as provided in this section is forever barred from being issued any license by the Department of Revenue and Taxation Public Safety to operate a motor vehicle except as provided in Section 56-1-385."

SECTION   2.   The 1976 Code is amended by adding:

"Section 56-1-385.   (A)   Notwithstanding another provision of law, a person whose driver's license or privilege to operate a motor vehicle has been revoked permanently pursuant to Section 56-5-2990, excluding persons convicted of felony driving under the influence of alcohol or another controlled substance under Section 56-5-2945, may petition the circuit court in the county of his residence for reinstatement of his driver's license and shall serve a copy of the petition upon the solicitor of the circuit. The solicitor or his designee within thirty days may respond to the petition and demand a hearing on the merits of the petition. If the solicitor or his designee does not demand a hearing, then the circuit court shall consider any affidavit submitted by the petitioner and the solicitor or his designee when determining whether the conditions required for driving privilege reinstatement have been met by the petitioner. The court may order the reinstatement of the person's driver's license upon the following conditions:

(1)   the person must not have been convicted of an alcohol or drug violation during the previous five-year period;

(2)   the person must have completed successfully an alcohol or drug assessment and treatment program provided by the South Carolina Department of Alcohol and Other Drug Abuse Services or an equivalent program designated by that agency; and

(3)   the person's overall driving record, attitude, habits, character, and driving ability would make it safe to grant him the privilege to operate a motor vehicle.

(B)(1)   A person may not seek reinstatement of his driver's license pursuant to this section if:

(a)   his privilege to operate a motor vehicle is revoked permanently pursuant to Section 56-5-2930 after the effective date of this section; and

(b)   the person subsequently is convicted of, receives a sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for a violation of Section 56-5-2930 or for a violation of another law or ordinance of this State or of a municipality of this State that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics.

(2)   Nothing in this section may be construed to prohibit a person whose license has been revoked pursuant to Section 56-5-2930 before the effective date of this section from seeking reinstatement of his license pursuant to the provisions in this section.

(C)   If a person's privilege to operate a motor vehicle is restored pursuant to this section, a subsequent violation of driving under the influence of alcohol or another controlled substance or felony driving under the influence of alcohol or another controlled substance will require the cancellation of the person's driver's license and the imposition of the full period of suspension and revocation for a previous violation.

(D)   Before a person may have his driver's license reinstated under this section he must:

(1)   pay a fifty dollar filing fee to the court; and

(2)   successfully complete the requirements to obtain a driver's license contained in this article."

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

Amend title to conform.

/s/Donald H. Holland              /s/L. Morgan Martin
/s/Robert Wesley Hayes, Jr.       /s/William D. "Doug" Smith
/s/C. Tyrone Courtney             /s/John M. "Jake" Knotts, Jr.
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Senators REESE, MESCHER, COURSON, GREG SMITH, SETZLER, GIESE, BOAN, WILSON, GREGORY, PEELER, BRYAN, FAIR, LANDER and RANKIN desired to be recorded as voting against the adoption of the Report of the Committee of Conference on H. 4434.

Columbia, S.C., June 12, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:

H. 4689 -- Reps. Witherspoon, Worley, Martin, Keegan and Kelley: A BILL TO AMEND ACT 239 OF 1983, RELATING TO THE PROCEDURE BY WHICH THE BUDGET FOR THE OPERATION OF THE SCHOOLS IN HORRY COUNTY IS PREPARED, INCLUDING THE MILLAGE AND THE APPROVAL PROCESS, SO AS TO REVISE THE PROCEDURE FOR PREPARING THE ANNUAL SCHOOL BUDGET, TO REVISE THE DATE BY WHICH SCHOOL BUDGETS MUST BE SUBMITTED TO THE COUNTY BOARD OF EDUCATION, AND TO PROVIDE THAT THE HORRY COUNTY BOARD OF EDUCATION BEGINNING WITH THE YEAR 1996 MAY NOT INCREASE THE MILLS LEVIED FOR SCHOOL OPERATING PURPOSES BY MORE THAN TWO AND ONE-HALF MILLS, THAT INCREASES OVER TWO AND ONE-HALF MILLS BUT NOT EXCEEDING FIVE MILLS MUST BE FIRST APPROVED BY THE GOVERNING BODY OF HORRY COUNTY BY TWO-THIRDS VOTE, AND THAT INCREASES OVER FIVE MILLS MUST BE FIRST APPROVED BY THE QUALIFIED ELECTORS OF THE DISTRICT IN A REFERENDUM CALLED FOR THIS PURPOSE BY THE BOARD.
Very respectfully,
Speaker of the House

On motion of Senator RANKIN, the Senate insisted upon its amendments to H. 4689 and asked for a Committee of Conference.

Whereupon, the PRESIDENT appointed Senators RANKIN, ELLIOTT and GREG SMITH of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

At 4:10 P.M., on motion of Senator MOORE, the Senate receded from business subject to the Call of the Chair.

At 4:40 P.M., the Senate resumed.

At 4:40 P.M., the PRESIDENT assumed the Chair.

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

On motion of Senator RANKIN, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator RANKIN spoke on the report.

On motion of Senator RANKIN, with unanimous consent, Free Conference Powers were granted.

Whereupon, the PRESIDENT appointed Senators McGILL, CORK and RANKIN to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator RANKIN, the Report of the Committee of Free Conference to S. 659 was adopted as follows:

The COMMITTEE OF FREE CONFERENCE, to whom was referred:

S. 659 -- Senators Cork, Greg Smith, Elliott, McConnell and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 5, TITLE 61 SO AS TO PROVIDE FOR HOSPITALITY CABINETS.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/SECTION   1.   Title 61 of the 1976 Code, as last amended by an unnumbered act of 1996 bearing ratification number 452, is further amended by adding:

Section 61-14-10.   As used in this article:

(1)   'Alcoholic beverages' means alcoholic liquors, as defined in Section 61-6-20, and beer and wine, as defined in Section 61-4-10.

(2)   'Legal drinking age' means the age when a person legally may purchase or consume an alcoholic beverage.

(3)   'Hospitality cabinet' means a closed container, refrigerated in whole or in part or nonrefrigerated, where access to the interior portion where alcoholic beverages are contained is restricted by means of a locking device which requires the use of a key, magnetic card, or similar device.

(4)   'Qualified facility' means a hotel, inn, or motel licensed to sell alcoholic beverages for on-premises consumption and which contains guest room accommodations. It includes condominiums owned or managed by an otherwise qualified facility.

(5)   'Qualified registered guest' means each person of legal drinking age who signs the guest register of a qualified facility or takes equivalent action for the purpose of registering as a guest of the qualified facility.

Section 61-14-20.   After approval by ordinance by the governing body of the county or municipality in which a qualified facility licensed to sell alcoholic beverages on its premises is located, the qualified facility also may sell the beverages in sealed containers in individual portions to its qualified registered guests by means of a hospitality cabinet located in the rooms of these guests if the conditions of this chapter are met. Within ten days of approval by the governing body, qualified facilities within its jurisdiction and the South Carolina Department of Revenue and Taxation must be notified of the approval.

Section 61-14-30.   (A)   The type of alcoholic beverages contained in a hospitality cabinet of a qualified facility is limited to those beverages for which the facility is licensed to sell on premises.

(B)   The hospitality cabinet may contain no more than thirty individual portions of alcoholic beverages at one time.

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

Section 61-14-40.   A hospitality cabinet may be part of another furniture unit or device, refrigerated in whole or in part or nonrefrigerated, from which nonalcoholic beverages or food may be purchased by the guests in qualified facility guest rooms. However, if nonalcoholic beverages or food may be purchased, the portion of the hospitality cabinet or similar device in which alcoholic beverages are stored must be a hospitality cabinet as defined in Section 61-14-10.

Section 61-14-50.   (A)   Those portions of a hospitality cabinet containing alcoholic beverages must remain locked at all times when a guest room is unrented, except for taking inventory or restocking and replenishing the hospitality cabinet.

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

(C)   Before providing a key, magnetic card, or similar device required to obtain access to the hospitality cabinet in a particular guest room to the qualified registered guest, the licensee shall verify that the qualified registered guest is of legal drinking age.

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

Section 61-14-60.   (A)   Alcoholic beverages used to restock and replenish a facility's hospitality cabinets must be kept locked in a separate, secure room or cabinet, except when the hospitality cabinets are restocked and replenished.

(B)   The hospitality cabinets may be restocked and replenished with alcoholic beverages only during those hours when the beverages may be sold on the premises.

Section 61-14-70.   The Department of Revenue and Taxation shall promulgate regulations to implement this article."

SECTION   2.   Section 61-3-440 of the 1976 Code, as last amended by Section 1583 of Act 181 of 1993, is further amended to read:

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

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

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

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

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

SECTION 3.   Section 61-9-312 of the 1976 Code, as last amended by Section 75, Part II, Act 145 of 1995, is further amended to read:

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

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

(C)   Immediately following the dissolution of a redevelopment authority pursuant to Section 31-12-100(A), the fees distributed to the dissolved redevelopment authority pursuant to subsection (B) must be distributed to the general fund."

SECTION   4.   Section 61-5-180 of the 1976 Code is amended to read:

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

(B)   The permit fees must be credited to the general fund of the State.

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

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

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

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

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

SECTION   5.   In a county in which temporary permits may be issued pursuant to Section 61-5-180, revenue generated by the fees imposed under that section within a county where a federal military base or installation has been closed, or is designated to be closed and where the federal facility has reduced its permanent civilian employment by seven hundred fifty or more jobs after December 31, 1990, for a period of five years beginning July 1, 1997, must be credited to a special separate and distinct account with the Budget and Control Board for support of a redevelopment authority created therein pursuant to Chapter 12 of Title 31.

SECTION   6.   The Code Commissioner is directed, upon the effective date of an act of 1996, bearing ratification number 452 (S. 1084), which recodifies the provisions of Chapters 1, 3, 5, 7, 9, 11, and 13 of Title 61 of the 1976 Code into even-numbered chapters, to conform the provisions and numbering sequences of any other acts of 1996 which amend any provisions of Chapters 1, 3, 5, 7, 9, 11, and 13 of Title 61, it being the intent of the General Assembly that these provisions as well as the provisions of an act of 1996, bearing ratification number 452, be given full force and effect unless they are in conflict in the opinion of the Code Commissioner, in which case the later enacted act controls.

SECTION   7.   Sections 3, 4, and 5 of this act take effect July 1, 1996. The remaining sections take effect upon approval of the Governor./

Amend title to conform.

/s/J. Yancey McGill               /s/Thomas G. Keegan
/s/Holly A. Cork                  /s/Mark S. Kelley
/s/Luke A. Rankin                 /s/Scott H. Richardson
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.

On motion of Senator McCONNELL, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senators McCONNELL and PASSAILAIGUE spoke on the report.

On motion of Senator McCONNELL, with unanimous consent, Free Conference Powers were granted.

Whereupon, the PRESIDENT appointed Senators McCONNELL, MOORE and PASSAILAIGUE to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator McCONNELL, the Report of the Committee of Free Conference to H. 3901 was adopted as follows:

The COMMITTEE OF FREE CONFERENCE, to whom was referred:

H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

TO AMEND TITLE 6, SECTION 1, BY ADDING SECTION 6-1-82, SO AS TO PROHIBIT COUNTIES AND MUNICIPALITIES FROM IMPOSING ANY NEW TAXES UNLESS EXPRESSLY AUTHORIZED BY THE GENERAL ASSEMBLY AND TO PROVIDE FOR LIMITS ON ACCOMMODATIONS AND BEVERAGE TAXES; TO PROVIDE FOR AN ADVISORY REFERENDUM ON THE ISSUE OF REQUIRING A TWO-THIRDS MAJORITY VOTE OF THE GOVERNING BODY OF COUNTIES AND MUNICIPALITIES IN ORDER TO ASSESS NEW TAXES OR RAISE EXISTING TAXES; TO PROVIDE FOR AN ADVISORY REFERENDUM ON NOVEMBER 5, 1996, ON THE QUESTION OF INCREASING THE SALES TAX FROM FIVE TO SIX PERCENT AND PROVIDING A REFUNDABLE INCOME TAX CREDIT OF SEVENTY-FIVE DOLLARS; RESIDENTIAL OWNER-OCCUPIED PROPERTY TAX RELIEF, SMALL BUSINESS INCOME TAX RELIEF; AND AN INCOME TAX PHASE OUT FOR TAXPAYERS SIXTY-FIVE AND OVER; TO PROHIBIT SPENDING PUBLIC MONEY TO INFLUENCE THE REFERENDUM; AND TO REQUIRE A REFERENDUM ON THE ISSUE OF WHETHER TWO-THIRDS OF THE GENERAL ASSEMBLY SHOULD BE REQUIRED TO APPROVE GENERAL TAX INCREASES OR NEW TAXES.

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

SECTION   1.A.   Chapter 1, Title 6 of the 1976 Code is amended by adding:

"Section 6-1-82.   (A)   The governing body of a county or municipality may not impose a new tax after December 31, 1995 unless specifically authorized by the General Assembly.

(B)   (1)   A county or municipality may impose by ordinance or other lawful authorization of the governing body a fee, surcharge, or service charge for a particular local government service so long as the fee is used for the purpose for which the fee is collected and the fee imposed is in exchange for specific and measurable goods or services provided to the person who pays the fee. Any other levy must be classified as a tax.

(2)(a)   All funds collected by a county or municipality from the imposition of a fee or tax based on accommodations provided to transients and on sales of food and beverages sold in or by establishments licensed for on-premises consumption of alcoholic beverages, beer, or wine must be deposited into a special dedicated account established to hold these funds. All interest must be retained in the account. None of these funds may be placed in the county's or municipality's general fund. These funds must be used exclusively for the following purposes:

(i)   tourism related buildings including, but not limited to, civic centers, coliseums, and aquariums;

(ii)   cultural, recreational, or historical facilities;

(iii)   beach access and renourishment;

(iv)   highways, roads, streets, and bridges providing access to tourist destinations; or

(v)   advertisements and promotions related to tourism development.

(b)   In a county in which at least nine hundred thousand dollars in accommodations taxes is collected annually pursuant to Section 12-36-920, the revenues of the charges also may be used for the operation and maintenance of those items provided in (i) through (v) including, police, fire protection, emergency medical services, and emergency preparedness operations directly attendant to these facilities.

(c)   Except as provided in subsection (d), the cumulative rate of county and municipal fees based on meals provided in establishments licensed for on-premises consumption of alcoholic beverages, beer, or wine may not exceed one percent, regardless of the date such fee or tax was imposed. The cumulative rate of county and municipal fees based on accommodations provided transients may not exceed three percent, regardless of the date such fee or tax was imposed.

(d)   In a county in which the cumulative county and municipal accommodations tax equals four percent as of March 12, 1996, the cumulative rate of county and municipal fees based on accommodations provided transients may not exceed four percent and the funds may also be used for police, fire protection, emergency medical services, and emergency preparedness operations directly attendant to these facilities.

(3)   A county fee or tax based on the gross proceeds derived from the rental or charges for accommodations furnished to transients or based on sales of food and beverages sold in or by establishments licensed for on-premises consumption of alcoholic beverages, beer, or wine may not be imposed in any incorporated areas of the county without the consent of the affected municipality.

(4)   (a)   Effective January 1, 1997 the governing body of each county and municipality is prohibited from charging any fee or tax on the transfer of real property.

(b)   The provisions of subsection (B)(4)(a) do not apply in the case of any county or municipal real estate transfer tax or fee imposed on or before August 1, 1993 if a majority of voters voting in a referendum, to be held on the question contained herein on November 5, 1996 in each county or municipality which imposed the fee or tax on or before August 1, 1993, vote in favor of the continued imposition of the fee or tax. The question on the ballot shall read substantially as follows:

'Shall the real estate transfer (fee or tax) continue to be imposed in (name of county or municipality)?

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'.'

The electors of a municipality may vote in both the county and the municipal referendum. The state election laws apply to this referendum, mutatis mutandis. The entity authorized to hold elections shall publish the results of the referendum and certify them to the county or municipality.

(c)   The provisions of subsection (B)(4)(b) do not apply and no referendum shall be held in a county which imposed a fee or tax on the transfer of real property effective beginning July 1, 1993."

B.   This Part takes effect upon approval by the Governor unless otherwise provided.

SECTION   1.   A.   The entity authorized to hold elections in each county and municipality, must conduct an advisory referendum on the question contained herein on November 5, 1996. Each county and municipality must have separate ballots. The state election laws apply to this referendum, mutatis mutandis. The commission shall canvass the results of the referendum and certify the results to the director of the Department of Revenue and Taxation and the Code Commissioner. The referendum question must read substantially as follows:

"Should ___________________ (name of municipality/county) be prohibited from (1) imposing any new taxes or new fees; (2) increasing tax or fee rates beyond the Consumer Price Index unless two-thirds of the local governing body approves; and (3) increasing tax or fee rates unless needed because there is a declared emergency, to pay for a judicially mandated spending, to offset a prior year's deficit, for bonded indebtedness, or to site waste and regional correctional facilities?

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'."

B.   This Part takes effect upon approval by the Governor.

SECTION   1.   A.   The State Election Commission shall conduct an advisory statewide referendum on November 5, 1996, on the question of raising the sales tax in order to provide certain tax relief. The state election laws apply to this referendum, mutatis mutandis. The commission shall canvass the results of the referendum and certify the results to the director of the Department of Revenue and Taxation and the Code Commissioner. The referendum question must read substantially as follows:

"Should the statewide sales, use, and casual excise tax rate be raised from five to six percent and the proceeds set aside to provide for five specific tax relief programs: (1) granting owner-occupied residential property an exemption from all property taxes levied for operating purposes except those levied pursuant to referendum and those levied by special purpose or public service districts, county special tax districts, and for debt service; (2) phasing-out the income tax on state residents that have attained the age of sixty-five; and (3) decreasing the income tax on certain incorporated and unincorporated businesses; (4) providing for a maximum refundable individual income tax credit of seventy-five dollars per return with each state return filed; and if these measures are enacted, then requiring the local government to hold a local referendum on the question of repeal of the local option sales tax?

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'."

B.   This Part takes effect upon approval by the Governor.

SECTION   1.A.   Notwithstanding any other provision of law to the contrary, no entity may expend or authorize the expenditure of public or other non-private funds, either directly or indirectly, except for as provided in Section 8-13-1346(C) of the 1976 Code, to influence or attempt to influence the outcome of a referendum question established in this act if the members or employees of that entity receive benefits in whole or in part that are available under state law to state employees, such as health, dental, or life insurance benefits or who are eligible to establish or earn service in any of the state retirement systems.

B.   This Part takes effect upon approval by the Governor.

SECTION   1.A.   The State Election Commission shall conduct an advisory statewide referendum on November 5, 1996, on the question of requiring a two-thirds vote of the General Assembly to enact any new general tax or to increase existing general taxes. The state election laws apply to this referendum, mutatis mutandis. The commission shall canvass the results of the referendum and certify the results to the director of the Department of Revenue and Taxation and the Code Commissioner. The referendum question must read substantially as follows:

"Should a two-thirds vote of the General Assembly be required to enact any new general tax or to increase existing general taxes?

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'."

B.   This section takes effect upon approval by the Governor.

SECTION 1. If any part, section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding may not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective./

Amend title to conform.

/s/Glenn F. McConnell             /s/John G. Felder
/s/Thomas L. Moore                /s/W. Douglas Smith
/s/Ernest L. Passailaigue         /s/L. Hunter Limbaugh
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Senator PEELER asked unanimous consent to make a motion that the House of Representatives be invited to ratify acts prior to adjournment.

Senator LAND objected.

H. 4706 -- Reps. Wilkins, Kennedy, Harrell, Hutson, Neilson, S. Whipper, J. Hines, Harvin, Howard, Askins, White, Fleming, Jennings, Keegan, Anderson, L. Whipper, M. Hines, Cobb-Hunter, Breeland, Neal, Young-Brickell, Easterday, J. Harris, Koon, Meacham, J. Young, Harrison, Clyburn, Herdklotz, Knotts, Inabinett, Wright, Lloyd, Law, Gamble, Delleney, Cave, Govan, H. Brown, Felder, Robinson, Mason, Carnell, D. Smith, Rice, Sharpe, Boan, Fulmer, Chamblee, Stuart, Shissias, Klauber, T. Brown, Spearman, Williams, Kinon, Limbaugh, Scott, Riser, McTeer, McElveen, Hodges and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA RURAL DEVELOPMENT ACT OF 1996" (ABBREVIATED TITLE)

Senator LEATHERMAN was recognized to make a report to the body regarding the work of the Committee of Conference on H. 4706.

Having received a favorable report from the Lancaster County Delegation, the following appointments were confirmed in open session:

Reappointments, Lancaster County Magistrate, with terms to commence April 30, 1994, and to expire April 30, 1998:

Hon. Thomas J. Gardner, Jr., 504 South Minor Street, Kershaw, S.C. 29067

Hon. John L. Hudson, Jr., 4141 Bessie Hudson Road, Lancaster, S.C. 29720

Having received a favorable report from the Williamsburg County Delegation, the following appointments were confirmed in open session:

Reappointments, Williamsburg County Magistrate, with terms to commence April 30, 1994, and to expire April 30, 1998:

Hon. Leroy Burgess, Sr., Route 4, Box 200, Kingstree, S.C. 29556

Hon. Cynthia W. Burrows, P.O. Box 956, Kingstree, S.C. 29556

Hon. James E. Doster, Jr., P.O. Box 416, Hemingway, S.C. 29554

Hon. Bruster O. Harvin, Route 2, Box 94-A, Lane, S.C. 29564

Hon. Lawrence W. McElveen, Route 1, Box 146, Cades, S.C. 29518

Hon. Charles D. Morris, Route 1, Box 297, Nesmith, S.C. 29580

Hon. Eddie A. Woods, Route 2, Box 19-A, Greeleyville, S.C. 29056

Having received a favorable report from the Charleston County Delegation, the following appointments were confirmed in open session:

Initial Appointment, Charleston County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Hon. Harold R. Stein, Post Office Box 23, Wadmalaw Island, S.C. 29487 VICE Robert E. Miller (resigned)

On motion of Senator GIESE, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:

Having been reported favorably from Executive Session, on motion of Senator LEVENTIS, with unanimous consent, the following appointments were confirmed:

Initial Appointment, Mining Council, with term to commence June 30, 1992, and to expire June 30, 1996:

Mr. James E. Neason, Manager, Quarry Division, Morgan Corporation, Post Office Box 3555, Spartanburg, S.C. 29304 VICE A. C. Young

Initial Appointment, Mining Council, with term to commence June 30, 1993, and to expire June 30, 1997:

DHEC:

Mr. William C. Rowell, EQC Bureau of District Services, DHEC, 2600 Bull Street, Columbia, S.C. 29201 VICE Alfred H. Vang

Reappointment, Mining Council, with term to commence June 30, 1996, and to expire June 30, 2000:

Mr. James E. Neason, Manager, Quarry Division, Morgan Corporation, Post Office Box 3555, Spartanburg, S.C. 29304

Having been reported favorably from Executive Session, on motion of Senator THOMAS, with unanimous consent, the following appointment was confirmed:

Reappointment, South Carolina Advisory Board for Victim Assistance, with term to commence August 1, 1993, and to expire August 1, 1998:

Victim:

Mr. Dennis H. Taylor, 1208 Evans Road, Aiken, S.C. 29803

Having been reported favorably from Executive Session, on motion of Senator DRUMMOND, with unanimous consent, the following appointments were confirmed:

Initial Appointment, South Carolina Interagency Merit System Council, with term to commence June 30, 1992, and to expire June 30, 1997:

At-Large:

Mr. Leonard W. Mills, 409 Windy Road, Gilbert, S.C. 29054 VICE Dianne T. Poston

Reappointment, South Carolina Interagency Merit System Council, with term to commence June 30, 1993, and to expire June 30, 1998:

At-Large:

William V. Moore, Ph.D., 1555 North Pinebark Lane, Charleston, S.C. 29407

Initial Appointment, South Carolina Interagency Merit System Council, with term to commence June 30, 1993, and to expire June 30, 1998:

At-Large:

Ms. Eunice G. McMillian, 11 Heritage Village Lane, Columbia, S.C. 29212 VICE Charles J. Boykin

Reappointments, South Carolina Interagency Merit System Council, with terms to commence June 30, 1994, and to expire June 30, 1999:

At-Large:

David Lee Mahrer, Ph.D., 734 Beckley Court, Lexington, S.C. 29072

Mr. Lucian Russell Rawls, Jr., 18-B The Heritage, 1829 Senate Street, Columbia, S.C. 29201

Initial Appointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 1996, and to expire April 1, 1998:

Interested Party:

Donna A. Hollis, RN, Piedmont Medical Center, Post Office Box 2524 CRR, Rock Hill, S.C. 29731

Piedmont-Recipient/Donor/Family:

Mr. Jack D. Leard, 106 Moore Court, Simpsonville, S.C. 29681

Eye Bank:

Ms. Brenda S. Horn, Executive Director, South Carolina Lions Eye Bank, Inc., Storm Eye Institute, 171 Ashley Avenue, Charleston, S.C. 29425

Initial Appointments, Board of Directors of the Gift of Life Trust Fund, with terms to commence April 1, 1996, and to expire April 1, 1999:

Low Country-Recipient/Donor/Family:

Ms. Deborah E. O'Brien, 103 Kings Way, Summerville, S.C. 29485

Forensic Pathologist

Joel S. Sexton, M.D., Post Office Box 497, Newberry, S.C. 29108

Initial Appointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 1996, and to expire April 1, 2000:

Midlands-Recipient/Donor/Family:

Lawrence F. McManus, M.D., 1463 Circle H. Woods, Prosperity, S.C. 29127

Organ Procurement Organization

Ms. Nancy A. Kay, Executive Director, South Carolina Organ Procurement Agency, Inc., 1064 Gardner Road, Suite 105, Charleston, S.C. 29407

Pee Dee-Recipient/Donor/Family:

Franklin G. Mason, D.D.S., 160 East Wine Street, Mullins, S.C. 29574

Having been reported favorably from Executive Session, on motion of Senator HOLLAND, with unanimous consent,the following appointment was confirmed:

Initial Appointment, State Ethics Commission, with term to commence July 1, 1995, and to expire July 1, 2000:

At-Large:

Mr. Richard Kent Porth, 3 Panorama Drive, Lexington, S.C. 29072 VICE H. Bowen Woodruff (resigned)

On motion of Senator LEVENTIS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Jim Price, Sr. of Sumter, S.C.

At 5:00 P.M., on motion of Senator BRYAN, the Senate adjourned to meet in Statewide Session on Wednesday, June 26, 1996, at 11:00 A.M., in accordance with the provisions of H. 5041, the Sine Die Resolution.

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