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

THURSDAY, MARCH 21, 1996

Thursday, March 21, 1996
(Statewide Session)

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 the words of St. Paul to the Romans who knew what it was to be embroiled in the cross-currents of political life. (6:10-13):

"For our struggle is not against enemies of

blood and flesh, but against... the cosmic

powers of this present darkness, against the

spiritual forces of evil in the heavenly

places. Therefore take up the whole armor

of God..."
Let us pray.

Lord, God, we are not among those who dismiss the words of St. Paul as "talk of outmoded ideas from ancient demonology."

We do not turn these matters over to psychiatrists to be rationalized away.

We experience the reality of "The-Evil-One" every day.

Call him Devil. Call him Satan. Call him the father of lies. There is a spirit that inheres in mankind's nature that hates... and distorts the truth.

Give us the armor to control the spirit of whatever it is that "goeth about seeking whom he may devour."

Grant us victory, O Lord, over every temptation.

Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

Doctor of the Day

Senator GIESE introduced Dr. Marion McFarland of Columbia, S.C., Doctor of the Day.

Message from the House

Columbia, S.C., March 21, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed the following appointment:

LOCAL APPOINTMENT

Initial Appointment, Horry County Master-in-Equity, with term to commence July 31, 1991, and to expire July 31, 1997:

Honorable James Stanton Cross, Jr., 1040 Chelsey Circle, Conway, S.C. 29526

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., March 21, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed the following appointment:

LOCAL APPOINTMENT

Reappointment, Lee County Master-in-Equity, with term to commence December 31, 1995, and to expire December 31, 2001:

Honorable Robert D. Jennings, 1 Courthouse Square, Bishopville, S.C. 29010

Very respectfully,
Speaker of the House

Received as information.

RECALLED

S. 699 -- Senator Richter: 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.

Senator DRUMMOND asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

There was no objection.

On motion of Senator DRUMMOND, with unanimous consent, the Bill was ordered placed on the Calendar.

RECALLED

S. 994 -- Senators Greg Smith and McGill: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF SEPTEMBER 26, 1995, MISSED BY THE STUDENTS OF ANDREWS HIGH SCHOOL IN THE GEORGETOWN COUNTY SCHOOL DISTRICT WHEN THIS SCHOOL WAS CLOSED DUE TO FIRE AND SMOKE DAMAGE IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES MUST BE MADE UP.

Senator SETZLER asked unanimous consent to make a motion to recall the Resolution from the Committee on Education.

There was no objection.

On motion of Senator SETZLER, with unanimous consent, the Resolution was ordered placed on the Calendar.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1277 -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-39-155 SO AS TO CREATE A COMMISSION APPOINTED BY THE STATE BOARD OF EDUCATION TO GOVERN BEGINNING JULY 1, 1996, INTERSCHOLASTIC ATHLETIC AND OTHER ACTIVITIES NOW UNDER THE JURISDICTION OF THE SOUTH CAROLINA HIGH SCHOOL LEAGUE.

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

S. 1278 -- Senator Holland: A BILL TO AMEND SECTION 1-7-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON PROSECUTION COORDINATION, SO AS TO DELETE THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY AS A MEMBER OF THE COMMISSION, AND TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY SHALL SERVE AS A MEMBER OF THE COMMISSION IN HIS PLACE.

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

S. 1279 -- Senator Greg Smith: 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, COUNSELLORS, 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.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 1280 -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-58-120 SO AS TO PROVIDE THAT AN ANNUAL COMPLIANCE REVIEW OF A MORTGAGE LOAN BROKER SHALL NOT BE CONDUCTED UNLESS A LEGITIMATE, VERIFIABLE COMPLAINT IS FILED WITH THE DEPARTMENT OF CONSUMER AFFAIRS.

Read the first time and referred to the Committee on Banking and Insurance.

S. 1281 -- Senator Thomas: A BILL 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 CERTAIN PROVISIONS OF THIS SUBSECTION SHALL NOT 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 PROVISIONS OF LAW ON THE REGISTRATION OF MORTGAGE LOAN BROKERS, SO AS TO DEFINE "REGULAR BUSINESS HOURS", "SATELLITE OFFICE", AND "TABLE-FUNDED TRANSACTION", AND TO MAKE CERTAIN CHANGES TO THE DEFINITION OF "EXEMPT PERSON OR ORGANIZATION"; TO AMEND THE 1976 CODE BY ADDING SECTION 40-58-35 SO AS TO PROVIDE THAT A MORTGAGE LOAN BROKER MAY CONTRACT FOR AND RECEIVE A LOAN BROKER'S FEE AS SET FORTH IN THE BROKER'S FEE AGREEMENT WITH THE APPLICANT, AND PERMIT THE AGREEMENT TO INCLUDE A NONREFUNDABLE APPLICATION FEE; TO AMEND SECTION 40-58-65, RELATING TO THE REGISTRATION OF MORTGAGE LOAN BROKERS, RECORDS, CONFIDENTIALITY, THE PHYSICAL PRESENCE OF A MORTGAGE BROKER IN THE STATE, AND OFFICIAL PLACE OF BUSINESS, 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 UNDER CERTAIN CONDITIONS; TO AMEND SECTION 40-58-110, AS AMENDED, RELATING TO THE REGISTRATION OF MORTGAGE LOAN BROKERS, FIRST TIME REGISTRANTS' PROCESSING FEES, AND ANNUAL RENEWAL OF REGISTRATION, SO AS TO PROVIDE THAT A BROKER SHALL PAY AN INITIAL FEE OF FIFTY DOLLARS WHEN REGISTERING EACH SATELLITE LOCATION AND THAT THERE SHALL BE NO RENEWAL FEE CHARGED A SATELLITE OFFICE, REQUIRE THE BROKER TO GIVE WRITTEN NOTICE OF TEN DAYS BEFORE THE OPENING OF A NEW, OFFICIAL BRANCH OR SATELLITE LOCATION, AND PROVIDE THAT NO FEE IS REQUIRED WHEN THE REGISTRANT GIVES NOTICE OF A CHANGE OF ADDRESS FOR AN OFFICIAL BRANCH OR SATELLITE LOCATION; TO AMEND SECTION 37-10-102, AS AMENDED, RELATING TO THE CONSUMER PROTECTION CODE, MISCELLANEOUS LOAN PROVISIONS, AND ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE INSTEAD THAT AN ATTORNEY LICENSED TO PRACTICE LAW IN SOUTH CAROLINA MUST BE INVOLVED IN THE CLOSING OF THE LOAN FOR CERTAIN PURPOSES, AND TO PROVIDE THAT THE TITLE INSURANCE MUST BE ISSUED THROUGH A TITLE INSURANCE COMPANY LICENSED TO CONDUCT BUSINESS IN SOUTH CAROLINA AND MUST BE ACCEPTABLE TO THE LENDER; AND TO AMEND SECTION 37-3-201, AS AMENDED, RELATING TO THE CONSUMER PROTECTION CODE, LOANS, MAXIMUM CHARGES, AND THE LOAN FINANCE CHARGE FOR CONSUMER LOANS OTHER THAN SUPERVISED LOANS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO A MORTGAGE LOAN BROKER AS DEFINED IN SECTION 40-58-20.

Read the first time and referred to the Committee on Banking and Insurance.

S. 1282 -- Senators Hayes, Peeler, Gregory and Short: A BILL TO AMEND CHAPTER 125, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINTHROP UNIVERSITY, BY DESIGNATING SECTIONS 59-125-10 THROUGH 59-125-120 AS ARTICLE 1, ENTITLED "GENERAL PROVISIONS", AND BY ADDING ARTICLE 3 ENACTING THE WINTHROP UNIVERSITY FACILITIES REVENUE BOND ACT SO AS TO PROVIDE AUTHORITY FOR THE UNIVERSITY TO ISSUE REVENUE BONDS TO ACQUIRE, CONSTRUCT, RENOVATE, AND EQUIP CERTAIN REVENUE-PRODUCING FACILITIES, AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH THESE BONDS MAY BE ISSUED, INCLUDING THOSE REVENUES THAT MAY BE PLEDGED FOR THEIR REPAYMENT.

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

S. 1283 -- Senator Jackson: A BILL TO AMEND SECTIONS 40-7-100 AND 40-7-120 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BARBERS AND BARBERING, SO AS TO DELETE THE REQUIREMENT THAT A GRADUATE OF AN APPROVED BARBER SCHOOL OR COLLEGE SERVE AS AN APPRENTICE BARBER BEFORE QUALIFYING TO RECEIVE A CERTIFICATE AS A REGISTERED BARBER.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

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

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

S. 1285 -- Senators McGill, Land and Greg Smith: A BILL TO AMEND SECTION 50-11-2415, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CERTAIN RUBBER PADDED STEEL FOOT-HOLD TRAPS TO CAPTURE FOX, SO AS TO PROHIBIT THE TRAPPING OF GRAY FOXES IN GAME ZONE NINE THROUGH THE USE OF NUMBER TWO OR SMALLER RUBBER PADDED FOOT-HOLD TRAPS.

Read the first time and ordered placed on the Calendar without reference.

Ordered to a Second and Third Reading

On motion of Senator McGILL, S. 1285 was ordered to receive a second and third reading on the next two consecutive legislative days.

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

Read the first time and ordered placed on the Calendar without reference.

S. 1287 -- Senators Cork and Washington: A CONCURRENT RESOLUTION TO CONGRATULATE MR. LARRY HINES OF PORT ROYAL, SOUTH CAROLINA, UPON RECEIVING THE 1995 SOUTH CAROLINA HOSPITALITY EMPLOYEE OF THE YEAR AWARD.

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

H. 4775 -- Rep. Kinon: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE SOUTH CAROLINA ROAD 17-198, NOW KNOWN AS EAST COUNTRY CLUB ROAD, CONNECTING UNITED STATES HIGHWAY 301 WITH SOUTH CAROLINA ROAD 17-61 NEAR THE TOWN OF HAMER IN DILLON COUNTY AS THE "SENATOR D. DIXON LEE ROAD" TO HONOR THE MEMORY OF THIS RECENTLY DECEASED, OUTSTANDING, AND DISTINGUISHED SOUTH CAROLINIAN AND REQUESTING THE DEPARTMENT TO ERECT APPROPRIATE MARKERS OR SIGNS GIVING EFFECT TO THIS DESIGNATION.

Whereas, the Honorable D. Dixon Lee represented the citizens of Dillon County in the South Carolina Senate; and

Whereas, Senator Lee, who passed away recently, was a distinguished individual and an outstanding and dedicated public servant; and

Whereas, it is entirely fitting that his memory and his service be honored in a special and permanent manner. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, requests the Department of Transportation to designate South Carolina Road 17-198, now known as East Country Club Road, connecting United States Highway 301 with South Carolina Road 17-61 near the Town of Hamer in Dillon County as the "Senator D. Dixon Lee Road" to honor the memory of this recently deceased, outstanding, and distinguished South Carolinian and further requests the department to erect appropriate markers or signs giving effect to this designation.

Be it further resolved that copies of this resolution be forwarded to the Department of Transportation, the family of the late Senator D. Dixon Lee, and the Dillon County Council.

Referred to the Committee on Transportation.

H. 4787 -- Reps. Seithel, Whatley, Dantzler, Limehouse, Harrell, L. Whipper, Breeland, Inabinett, Hallman, Fulmer, Hutson and S. Whipper: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MR. THOMAS R. JOHNSON, SR., VETERANS AFFAIRS OFFICER FOR CHARLESTON COUNTY, WHO HAS PROVIDED OUTSTANDING SERVICE TO VETERANS AND BENEFICIARIES OF VETERANS IN HIS SERVICE AREA AND FOR THE MANY OTHER CONTRIBUTIONS HE HAS MADE IN THIS CAPACITY WHICH HE HAS HELD FOR THE PAST THIRTY YEARS.

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

H. 4797 -- Reps. Stoddard, Inabinett, Littlejohn and McAbee: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 10, 1996, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, THE COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, THE UNIVERSITY OF SOUTH CAROLINA, THE WIL LOU GRAY OPPORTUNITY SCHOOL, WINTHROP UNIVERSITY, AND THE BOARD OF VISITORS OF THE CITADEL, TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1996 OR WHOSE POSITIONS OTHERWISE MUST BE FILLED, AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

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

(1)   That the House of Representatives and the Senate meet in joint session in the Hall of the House at 12:00 noon on Wednesday, April 10, 1996, for the purpose of electing members of the Boards of Trustees of Clemson University, the College of Charleston, Francis Marion University, Lander University, the Medical University of South Carolina, South Carolina State University, the University of South Carolina, the Wil Lou Gray Opportunity School, Winthrop University, and the Board of Visitors of the Citadel, to succeed those members whose terms expire in 1996 or whose positions otherwise must be filled.

(2)   That all nominations be made by the chairman of the joint legislative committee which screened the candidates for the above offices and that no further nominating nor any seconding speeches be made during the joint session by members of the General Assembly on behalf of any of the candidates.

Referred to the Committee on Invitations.

H. 4798 -- Reps. Stoddard, Wilder and Carnell: A CONCURRENT RESOLUTION TO COMMEND LAURENS COUNTY DEPUTY SHERIFF GARY H. GIBBS FOR HIS DISTINGUISHED CAREER AS A LAW ENFORCEMENT OFFICER UPON THE OCCASION OF HIS UPCOMING RETIREMENT.

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

H. 4799 -- Reps. Wilder, Stoddard and Carnell: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE JAMES R. BRASWELL, MAGISTRATE OF THE COUNTY OF LAURENS, FOR HIS MANY YEARS OF DISTINGUISHED SERVICE TO LAURENS COUNTY AND THE STATE OF SOUTH CAROLINA UPON HIS RETIREMENT.

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

H. 4813 -- Reps. Neal and Cromer: A CONCURRENT RESOLUTION EXPRESSING THE SINCERE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. LAURA TOLIVER "MOTHER" JEFFERSON OF RICHLAND COUNTY AND EXTENDING DEEPEST SYMPATHY TO MRS. JEFFERSON'S FAMILY AND MANY FRIENDS.

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

H. 4020 -- Rep. Marchbanks: A BILL TO AMEND ACT 456 OF 1961, AS AMENDED, RELATING TO THE ISSUANCE OF BONDS BY CLEMSON UNIVERSITY FOR STUDENT AND FACULTY HOUSING FACILITIES, SO AS TO INCREASE FROM FORTY TO FORTY-FIVE MILLION DOLLARS THE AUTHORIZED AMOUNT OF THE BONDS AND TO EXTEND THE CAPITALIZED INTEREST PERIOD FROM ONE TO TWO YEARS.

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

H. 4313 -- Reps. Fulmer, Littlejohn, Inabinett, Hutson, Cain, Vaughn and Riser: A BILL TO AMEND SECTION 59-122-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE CITADEL TO ISSUE REVENUE BONDS FOR STUDENT HOUSING, FACULTY HOUSING, AND AUXILIARY FACILITIES, SO AS TO INCREASE THE MAXIMUM PRINCIPAL AMOUNT OF THESE REVENUE BONDS AUTHORIZED TO BE OUTSTANDING AT ANY TIME FROM TWENTY-FIVE MILLION DOLLARS TO THIRTY-FIVE MILLION DOLLARS.

Read the first time and on motion of Senator PASSAILAIGUE, with unanimous consent, ordered placed on the Calendar without reference.

H. 4542 -- Reps. Klauber, Herdklotz, Simrill, McCraw, Richardson, Shissias, J. Young and Jaskwhich: A BILL TO AMEND SECTION 12-56-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO INCLUDE MUNICIPAL, COUNTY, AND REGIONAL HOUSING AUTHORITIES WITHIN THE DEFINITION OF "CLAIMANT AGENCY".

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

H. 4553 -- Reps. Koon and McKay: A BILL TO AMEND SECTION 12-43-232, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL REQUIREMENTS FOR REAL PROPERTY TO RECEIVE THE AGRICULTURAL USE CLASSIFICATION FOR PROPERTY TAX VALUATION PURPOSES, SO AS TO EXTEND THE "GRANDFATHER" PROVISIONS ALLOWED CROPLAND TO TIMBERLAND.

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

H. 4585 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-275 SO AS TO PROVIDE THAT NO INSURANCE POLICY WHICH PROVIDES COVERAGE FOR DRUGS SHALL EXCLUDE COVERAGE OF CERTAIN DRUGS USED FOR THE TREATMENT OF CANCER ON THE GROUNDS THAT THE DRUG HAS NOT BEEN APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR THE SPECIFIC TYPE OF CANCER FOR WHICH THE DRUG HAS BEEN PRESCRIBED, AND TO PROVIDE FOR RELATED MATTERS.

Read the first time and referred to the Committee on Banking and Insurance.

H. 4660 -- Reps. Rhoad, Anderson, Breeland, Fleming, Loftis, Seithel, Knotts, Stoddard, Sandifer, Wright, Quinn, Bailey, Cato, Sharpe, J. Hines, Spearman, Herdklotz, Townsend, McCraw, J. Brown, Neilson, Harrison, Baxley, Harvin, McMahand, H. Brown, Byrd, Davenport, Lloyd, M. Hines, Kinon, Limehouse, Waldrop, L. Whipper, Cobb-Hunter, Phillips, Felder and Cain: A BILL TO AMEND SECTION 38-7-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURANCE PREMIUM TAX EXEMPTIONS ALLOWED INSURANCE COMPANIES THAT INSURE ONLY CHURCHES, SO AS TO EXTEND THE EXEMPTION TO WORKERS' COMPENSATION INSURANCE PREMIUMS AND TO CLARIFY A REFERENCE.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 4750 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO MEDICAL INSTITUTION VENDOR PAYMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1881, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Medical Affairs.

H. 4751 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO MEDICAID, FAIR HEARINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1875, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Medical Affairs.

H. 4752 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO SUPERVISED INDEPENDENT LIVING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1863, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the General Committee.

H. 4754 -- Reps. Townsend and Cooper: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REDESIGNATE THE PRECINCTS AND ADD AN OFFICIAL DOCUMENT DESIGNATION WHICH IS KEPT ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD AND DELETE A PROVISION CONCERNING THE ANNEXATION OF AREA TO THE CITY OF ANDERSON.

Read the first time and ordered placed on the local and uncontested Calendar without reference.

H. 4755 -- Labor, Commerce and Industry Committee: A BILL 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, DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT A RESIDUAL MARKET AGREEMENT AND ANY MECHANISM DESIGNED TO IMPLEMENT SUCH AGREEMENT MUST BE SUBMITTED IN WRITING TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE FOR APPROVAL PRIOR TO USE, PROVIDE THAT THE DIRECTOR OR HIS DESIGNEE MAY ALLOW INSURERS TO SUBMIT WRITTEN REQUESTS TO BE DESIGNATED AS A STATE SERVICING CARRIER FOR THE ASSIGNED RISK POOL FOR WORKERS' COMPENSATION INSURANCE, AND PROVIDE FOR RELATED MATTERS.

Read the first time and referred to the Committee on Banking and Insurance.

REPORTS OF STANDING COMMITTEES

Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:

S. 200 -- Senators Wilson, Bryan, Courson, Hayes, Thomas, Giese, Russell, O'Dell, Gregory, McConnell, Mescher, Rose, Martin, Lander, Waldrep, Elliott and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-460 SO AS TO PROVIDE FOR PUBLIC SCHOOL STUDENTS TO BE EXCUSED FROM CLASS TO ATTEND OFF-CAMPUS RELIGIOUS INSTRUCTION, TO PROVIDE FOR THE REQUIREMENTS THAT MUST BE MET BEFORE STUDENTS MAY BE EXCUSED FOR THIS PURPOSE, TO PROVIDE THAT STUDENTS ATTENDING THIS INSTRUCTION ARE NOT CONSIDERED ABSENT FROM SCHOOL, AND TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT SHALL DEVELOP A POLICY THAT PROVIDES REASONABLE PARAMETERS FOR THE RELEASE TIME AUTHORIZED.

Ordered for consideration tomorrow.

Senator LAND from the Committee on Transportation submitted a favorable with amendment report on:

S. 962 -- Senators Giese, Hayes and Bryan: A BILL TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLES, BY ADDING ARTICLE 28 SO AS TO ENACT THE CHILD BICYCLE SAFETY ACT AND TO REQUIRE CHILDREN TO USE BICYCLE HELMETS WHEN THEY ARE BICYCLE OPERATORS OR PASSENGERS, TO PROVIDE PENALTIES, AND TO ESTABLISH THE "BICYCLE SAFETY FUND" FOR USE IN PROVIDING BICYCLE SAFETY PROGRAMS AND ASSISTING LOW INCOME FAMILIES IN PURCHASING HELMETS.

Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:

S. 1210 -- Senators Jackson, Holland, Drummond, Land, Matthews and Glover: A BILL TO AMEND SECTION 7-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO DELETE THE PROVISION WHICH REQUIRES THE EXECUTIVE DIRECTOR TO DELETE THE NAME OF ANY ELECTOR WHO HAS FAILED TO VOTE IN EACH OF TWO CONSECUTIVE STATE-WIDE GENERAL ELECTIONS AND ALSO FAILED TO VOTE IN ANY OTHER ELECTION WHICH MIGHT HAVE BEEN HELD IN THE PRECINCT IN WHICH HE IS REGISTERED WITHIN THE PERIOD OF TIME INTERVENING BETWEEN THE TWO GENERAL ELECTIONS; AND TO AMEND SECTION 7-3-30 RELATING TO THE NOTICE OF DELETION OF AN ELECTOR'S NAME FROM THE ROSTER OF ELECTORS, SO AS TO DELETE THE PROVISION REQUIRING THE COUNTY BOARD OF VOTER REGISTRATION, UPON APPEAL OF THE VOTER, TO RESTORE THE NAME OF A PERSON WHOSE NAME WAS DELETED SOLELY BECAUSE HE FAILED TO VOTE IN EACH OF TWO CONSECUTIVE STATE-WIDE GENERAL ELECTIONS.

Ordered for consideration tomorrow.

Senator LAND from the Committee on Transportation submitted a favorable report on:

S. 1252 -- Senators Land and McGill: A BILL TO AMEND SECTION 57-23-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCENIC HIGHWAYS COMMITTEE, SO AS TO DELETE THE PROVISION TERMINATING THE COMMITTEE ON JUNE 30, 1997, UNLESS REAUTHORIZED BY THE GENERAL ASSEMBLY.

Ordered for consideration tomorrow.

Senator LAND from the Committee on Transportation submitted a favorable report on:

H. 3273 -- Rep. Townsend: A BILL 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 ELIMINATE THE BIENNIAL FEE FOR THE LICENSE PLATE, TO PROVIDE THAT THE PLATE MUST BE PERMANENT, AND TO ELIMINATE THE REQUIREMENT THAT THE LICENSE PLATE BE ISSUED ON A BIENNIAL BASIS.

Ordered for consideration tomorrow.

Senator LAND from the Committee on Transportation submitted a favorable report on:

H. 3871 -- Reps. Limehouse, Harrell, Bailey, Seithel, Herdklotz, Cain, Sandifer, Hines, Fleming, Huff, Clyburn, Richardson, Keyserling, Fair, Tripp, Rice, R. Smith, Allison, Wells, Riser, Kirsh, Simrill, Wright and Knotts: A BILL TO AMEND SECTION 56-5-2510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STOPPING, STANDING, OR PARKING OUTSIDE OF A BUSINESS OR RESIDENTIAL DISTRICT, SO AS TO PERMIT A VEHICLE USED SOLELY FOR COLLECTING MUNICIPAL SOLID WASTE OR RECOVERED MATERIALS TO STOP OR STAND ON A ROAD, STREET, OR HIGHWAY TO COLLECT SOLID WASTE OR RECOVERED MATERIALS.

Ordered for consideration tomorrow.

Invitations Accepted

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from Independent Banks of S.C. to attend a reception at the Capital City Club on Tuesday, April 2, 1996, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee
Ayes 7; Nays 0; Not Voting 3

AYES

Courson                   Peeler                    Wilson
Patterson                 Russell                   O'Dell   Passailaigue

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Matthews                  Rose                      McGill

TOTAL--3

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from Clemson University Division of Agriculture and Natural Resources to attend a social hour and dinner at the Columbia Woman's Club, 1703 Blossom Street on Wednesday, April 10, 1996, beginning at 6:00 P.M.

Poll of the Invitations Committee
Ayes 7; Nays 0; Not Voting 3

AYES

Courson                   Peeler                    Wilson
Patterson                 Russell                   O'Dell
Passailaigue

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Matthews                  Rose                      McGill

TOTAL--3

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Horsemen's Council to attend a reception at the Riverfront Building, 300 Senate Street on Tuesday, April 16, 1996, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee
Ayes 7; Nays 0; Not Voting 3

AYES

Courson                   Peeler                    Wilson
Patterson                 Russell                   O'Dell
Passailaigue

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Matthews                  Rose                      McGill

TOTAL--3

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from Trans. Association of S.C. to attend a breakfast at the Clarion Town House on Wednesday, April 17, 1996, from 8:00 until 9:00 A.M.

Poll of the Invitations Committee
Ayes 7; Nays 0; Not Voting 3

AYES

Courson                   Peeler                    Wilson
Patterson                 Russell                   O'Dell
Passailaigue

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Matthews                  Rose                      McGill

TOTAL--3

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Association of Municipal Power Systems to attend a reception at the State Fairgrounds on Wednesday, April 17, 1996, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee
Ayes 7; Nays 0; Not Voting 3

AYES

Courson                   Peeler                    Wilson
Patterson                 Russell                   O'Dell
Passailaigue

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Matthews                  Rose                      McGill

TOTAL--3

CONCURRENCE

S. 598 -- Senator Bryan: A BILL TO AMEND SECTION 40-15-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCIPLINARY GROUNDS, SO AS TO AUTHORIZE THE STATE BOARD OF DENTISTRY UNDER CERTAIN CIRCUMSTANCES TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS.

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.

HOUSE CONCURRENCE

S. 1170 -- Senator Elliott: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE BRIDGE ON HIGHWAY 41 AT THE LITTLE PEE DEE RIVER IN DILLON COUNTY THE "HUGGINS BRIDGE" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.

Returned with concurrence.

Received as information.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

ORDERED ENROLLED FOR RATIFICATION

The following Bill and Joint Resolutions were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 4329 -- Reps. P. Harris, Waldrop, Neilson, Lanford, Inabinett, Keyserling, Hutson, Cain, Shissias, T. Brown, J. Brown, Harvin, Carnell, Rogers, Scott, Meacham and Clyburn: A JOINT RESOLUTION TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON AGING IN CONJUNCTION WITH THE CENTER OF HEALTH POLICY, INSTITUTE OF PUBLIC AFFAIRS, UNIVERSITY OF SOUTH CAROLINA, TO EVALUATE AND STUDY OPTIONS FOR CONSUMER FINANCING OF LONG-TERM CARE AND TO REPORT AND MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY.

H. 4493 -- Rep. McTeer: A BILL TO AMEND SECTION 44-93-210, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO THE REGULATION OF THE AMOUNT OF INFECTIOUS WASTE GENERATED IN THE STATE, SO AS TO APPLY CERTAIN LIMITATIONS TO ALL INFECTIOUS WASTE INCINERATOR FACILITIES RATHER THAN ONLY TO COMMERCIAL FACILITIES, AND TO REMOVE THE EXEMPTION FROM THIS LIMITATION FROM HOSPITALS AND GENERATOR FACILITIES; AND TO REPEAL SECTION 44-93-200 RELATING TO HOSPITAL AND GENERATOR FACILITIES' EXEMPTION FROM CERTAIN PROVISIONS OF THE INFECTIOUS WASTE MANAGEMENT ACT.

Senator MOORE explained the Bill.

H. 4524 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO RETAIL FOOD STORE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1900, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

HOUSE BILL RETURNED

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

H. 4361 -- Reps. P. Harris, Waldrop, Neilson, Lanford, Inabinett, Keyserling, Cain, Shissias, T. Brown, J. Brown, Jennings, Harvin, Carnell, Rogers and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-36-325 SO AS TO DIRECT THE ALZHEIMER'S DISEASE AND RELATED DISORDERS RESOURCE COORDINATION CENTER TO DEVELOP A GRANT PROGRAM TO ASSIST WITH PROBLEMS RELATIVE TO THIS DISEASE AND TO REQUIRE THE GRANT RECIPIENT TO PROVIDE MATCHING FUNDS OR IN-KIND CONTRIBUTIONS.

THIRD READING BILLS

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 21 -- Senator Mescher: A BILL TO AMEND CHAPTER 29, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 SO AS TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR REGISTRATION OF TATTOO ARTISTS AND TATTOO PARLORS BY PROVIDING FOR DEFINITIONS, REGISTRATION AND RENEWAL REQUIREMENTS AND FEES, MINIMAL STANDARDS, TATTOOING AND STERILIZING PROCEDURES, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL INSPECTIONS, REGISTRATION DENIAL, REVOCATION, OR SUSPENSION, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-17-700, RELATING TO TATTOOING, SO AS TO CHANGE THE CRIMINAL OFFENSE PROHIBITING ALL TATTOOING TO ALLOW TATTOOING OF THOSE EIGHTEEN YEARS OF AGE OR OVER.

S. 68 -- Senators McConnell, Rose and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-56-340 SO AS TO PROVIDE IMMUNITY FROM LIABILITY FOR A TECHNICAL EXPERT PROVIDING ADVICE AND ASSISTANCE TO A COUNTY OR OTHER POLITICAL SUBDIVISION DURING THE COURSE OF A HAZARDOUS MATERIALS EMERGENCY AND TO PROVIDE EXCEPTIONS.

S. 1140 -- Senators Moore, Ryberg, Setzler, Lander, Jackson, Matthews and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-16-105 SO AS TO AUTHORIZE A MEMBER OF A JOINT AGENCY TO CONTRACT WITH THE JOINT AGENCY FOR COLLECTION, TRANSFER, AND/OR DISPOSAL OF SOLID WASTE AND TO FURTHER PROVIDE FOR THE TERMS AND CONDITIONS OF THIS CONTRACT; AND TO AMEND SECTION 6-16-120, RELATING TO GOVERNING BODIES APPROVING JOINT AGENCY PROJECTS FINANCED BY BONDS, SO AS TO REVISE WHICH GOVERNING BODIES MUST APPROVE THE PROJECT.

Senator MOORE explained the Bill.

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

S. 409 -- Senators McConnell, Drummond, Passailaigue and Mescher: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT BY ADDING CHAPTER 22 SO AS TO PROVIDE FOR CERTAIN KAYAKING AND CANOEING LIABILITY IMMUNITY WHEREBY A KAYAKING OR CANOEING ACTIVITY SPONSOR OR A KAYAKING OR CANOEING PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT RESULTING FROM AN INHERENT RISK OF KAYAKING OR CANOEING ACTIVITY ABSENT SPECIFIED FACTORS.

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

Senator HAYES proposed the following amendment (PT\2244DW.96), which was adopted:

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

/SECTION   _____.   Title 52 of the 1976 Code is amended by adding:

"CHAPTER 23
Recreational or Sporting Activity Immunity

Section 52-23-10.   Except when liability is strictly imposed by law, an instructor or coach of a recreational or sporting activity is not liable for an injury to or the death of a participant under his supervision resulting from an inherent risk of that activity, and no such participant or participant's representative may make a claim against, maintain an action against, or recover from a coach or instructor for injury, loss, damage, or death of the participant resulting from an inherent risk of that activity."/

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

Senator GREG SMITH proposed the following amendment (409R001.GS), which was adopted:

Amend the bill, as and if amended, page 4, after line 37, by adding an appropriately numbered new SECTION to read:

/SECTION   ___.   Section 50-21-860 of the 1976 Code is amended to read:

"Section 50-21-860. As used in this section, 'airboat' means a watercraft propelled by air pressure caused by a motor mounted on the watercraft aboveboard.

(A) It is unlawful for a person to operate an airboat on the public waters of this State from the freshwater-saltwater dividing line, established by Section 50-17-35 50-17-30, seaward.

(B)   It is unlawful to operate an airboat on the waters of the Waccamaw, the Great Pee Dee, the Little Pee Dee, the Black, and the Sampit Rivers in Georgetown County.

(B) (C)   It is unlawful to operate an airboat on the waters on of that portion of Lake Marion and Santee Swamp west of the I-95 bridge upstream to the confluence of the Congaree and Wateree rivers during the season for hunting waterfowl.

Any A person violating the provisions of this section, upon conviction, must be punished as provided by Section 50-1-130.

The provisions of this section do not apply to the operation of airboats by law enforcement, emergency medical, civil defense, noxious weed control, military personnel, state and federally approved wildlife banding, surveying, biological research programs, and private waters./

Amend title to conform.

Senator GREG SMITH explained the amendment.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.

SECOND READING BILLS
WITH NOTICE OF GENERAL AMENDMENTS

The following Bills having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:

H. 4159 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-3495 SO AS TO LIMIT THE DISTRIBUTION OF PROFITS DERIVED FROM THE GAME OF BINGO.

Senator J. VERNE SMITH explained the Bill.

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.

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

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

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The Judiciary Committee proposed the following amendment (JUD0921.002), which was adopted:

Amend the bill, as and if amended, page 3, beginning on line 36, in Section 1-23-120, as contained in SECTION 1, by striking subsection (I) in its entirety and inserting therein the following:

/(I)   Each state agency which promulgates regulations or to which the responsibility for administering regulations has been transferred shall by July 1, 1997, and every five years thereafter, conduct a formal review of all regulations which it has promulgated or for which it has been transferred the responsibility of administering, except that those regulations described in subsection (G) are not subject to this review. Upon completion of the review, the agency shall submit to the Code Commissioner a report which identifies (1) those regulations for which the agency intends to begin the process of repeal in accordance with this chapter, (2) those regulations for which the agency intends to begin the process of amendment in accordance with this chapter, and (3) those regulations which do not require repeal or amendment. Nothing contained herein shall be construed to prevent an agency from repealing or amending a regulation in accordance with this chapter before or after it is so identified in the report to the Code Commissioner."/

Amend title to conform.

Senator COURTNEY explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

S. 1041 -- Senators Gregory, Ryberg, Courson, Wilson, Martin, Greg Smith and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-65 SO AS TO GRANT EMPLOYERS IMMUNITY, BOTH ABSOLUTE AND QUALIFIED DEPENDING ON THE SCOPE OF THE INFORMATION, FOR RESPONDING TO PROSPECTIVE EMPLOYERS' REQUESTS FOR REFERENCES.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The Judiciary Committee proposed the following amendment (JUD1041.003), which was adopted:

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

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

"Section 41-1-65.   (A)   As used in this section:

(1)   'Employer' means any person, partnership, for profit or nonprofit corporation, limited liability corporation, the State and its political subdivisions and their agents that employ one or more employees. As used in this definition, 'agent' means any former supervisor or the employer's designee.

(2)   'Employee' means any person employed by an employer.

(3)   'Evaluation' means a written employee evaluation which was conducted by the employer and signed by the employee, including any written employee response to the evaluation, before the employee's separation from the employer and of which the employee, upon written request, shall be given a copy.

(4)   'Former employee' means an individual who was previously employed by an employer.

(5)   'Job performance' includes, but is not limited to, attendance, attitude, awards, demotions, duties, effort, evaluations, knowledge, skills, promotions, and disciplinary actions.

(6)   'Prospective employer' means any employer to which a prospective employee has made application, either oral or written, or forwarded a resume or other correspondence expressing an interest in employment.

(7)   'Prospective employee' means any person who has made an application either oral or written or has sent a resume or other correspondence to a prospective employer indicating an interest in employment.

(B)   Unless otherwise provided by law, an employer shall be immune from civil liability for the disclosure of an employee's or former employee's dates of employment, pay level, and wage history to a prospective employer.

(C)   Unless otherwise provided by law, an employer who responds in writing to a written request concerning a current employee or former employee from a prospective employer of that employee shall be immune from civil liability for disclosure of the following information to which an employee or former employee may have access:

(1)   written employee evaluations;

(2)   official personnel notices that formally record the reasons for separation;

(3)   whether the employee was voluntarily or involuntarily released from service and the reason for the separation; and

(4)   information about job performance.

(D)   This protection and immunity shall not apply where an employer knowingly or recklessly releases or discloses false information."

SECTION   2.   The provisions of Section 41-1-65 of the 1976 Code, as added by Section 1 of this act, shall apply to causes of action occurring on or after the effective date of this act.

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

Amend title to conform.

Senator COURTNEY explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

S. 1054 -- Senators J. Verne Smith, Drummond, Hayes, Elliott and Glover: A BILL TO AMEND SECTION 6-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF A PETITION PRIOR TO THE ACQUISITION OF A PROJECT BY A JOINT AGENCY, SO AS TO FURTHER ALLOW THE PUBLIC SERVICE COMMISSION TO APPROVE CERTAIN TYPES OF PROJECTS WHICH CONSIST OF CERTAIN KINDS OF ELECTRIC GENERATING PLANTS AND PROVIDE THAT THE COMMISSION'S APPROVAL IS NOT NECESSARY FOR PROJECTS FOR TRANSMISSION, DISTRIBUTION, OR TRANSFORMATION OF ELECTRIC POWER AND ENERGY; TO AMEND SECTION 6-23-90, RELATING TO THE RIGHTS AND POWERS OF A JOINT AGENCY, SO AS TO DELETE A REFERENCE TO SECTION 6-23-120, DELETE THE PROVISION WHICH PROVIDES FOR JOINT AGENCIES TO ACQUIRE NOT LESS THAN TEN PERCENT OF RATED CAPACITY FROM AN ELECTRIC SUPPLIER, ADDING A PROVISION FOR JOINT AGENCIES TO NEGOTIATE AND ENTER CONTRACTS WITH ANY PERSON, FIRM, OR CORPORATION, WITHIN OR WITHOUT THE STATE, AUTHORIZING JOINT AGENCIES TO ENTER INTO CONTRACTS MAKING THEM OBLIGATED TO MAKE PAYMENTS REQUIRED BY A CONTRACT WHERE THE FACILITIES FROM WHICH SERVICES ARE PROVIDED ARE COMPLETED, OPERABLE AND OPERATING, AND THAT THESE PAYMENTS ARE NOT SUBJECT TO REDUCTIONS AND ARE NOT CONDITIONED UPON THE PERFORMANCE OR NONPERFORMANCE OF ANY PARTY; TO AMEND SECTION 6-23-170, RELATING TO INVESTMENTS OF A JOINT AGENCY OF MONIES PENDING DISBURSEMENT, SO AS TO PROVIDE THAT THE BOARD OF DIRECTORS OR PERSONS AUTHORIZED TO MAKE INVESTMENT DECISIONS ON BEHALF OF JOINT AGENCIES ARE CONSIDERED TO BE TRUSTEES AND SUBJECT TO THE PRUDENT INVESTOR STANDARD; AND TO REPEAL SECTION 6-23-120, RELATING TO THE SALE OF EXCESS POWER OR OUTPUT OF A PROJECT NOT THEN REQUIRED BY ANY OF THE MEMBERS OF THE JOINT AGENCY.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The Judiciary Committee proposed the following amendment (JUD1054.002), which was adopted:

Amend the bill, as and if amended, beginning on page 1, line 8, by striking SECTION 1 in its entirety and inserting therein the following:

/SECTION   1.   Section 6-23-60 of the 1976 Code is amended to read:

"Section 6-23-60.   (A)   Prior to the proposed acquisition of a project for the generation or transmission of electric power and energy by a joint agency, a petition shall must be filed with the Public Service Commission setting forth such the material as deemed necessary to permit the Public Service Commission to make the determination required by this section. Notice of the filing of such the petition shall must be given by the Public Service Commission once a week for three consecutive weeks in a newspaper of general circulation in the State. A hearing on such the petition shall is to be conducted as provided by law.

(B)   The Public Service Commission shall be is authorized to approve or disapprove the proposed acquisition by a joint agency of a project or projects which consists of an electric generating plant or plants and associated facilities or electric transmission lines and associated facilities of a designed operating voltage of one hundred twenty-five kilovolts or more. There is no requirement for approval by the Public Service Commission for a project or projects for other transmission or for facilities for transformation of electric power and energy. However, any project not required to be approved by the Public Service Commission must be approved by the joint agency's governing body. In addition, a joint agency may acquire without commission approval a project that is wholly contained within the corporate limits of a municipality when the joint agency has the consent of the municipality's governing body. The commission shall include in its assessment of the public convenience and necessity served by a project an analysis of the benefit to the joint agency. In determining whether or not it is mutually beneficial to the joint agency and an electric supplier serving the county or counties within which any member municipalities are located, the Public Service Commission shall must take into consideration, but shall is not be limited to, the following:

(i)(1)   the economies and efficiencies to be achieved in constructing on a large scale, facilities for the generation and transmission of electric power and energy;

(ii)(2)   the municipalities' needs for reserve and peaking capacity and to meet obligations under pooling and reserve-sharing agreements reasonably related to its needs for power and energy to which it is or may become a party;

(iii)(3)   the estimated useful life of such the project;

(iv)(4)   the estimated time necessary for the planning, development, acquisition, or construction of such the project and the length of time required in advance to obtain, acquire, or construct additional power supplies;

(v)(5)   the reliability and availability of existing or alternative power supply sources and the costs of such the existing or alternative power supply sources; and

(vi)(6)   the load forecast of capacity of a project and the utilization of such the capacity by the joint agency for a reasonable period of time subsequent to the date of commercial operation of the project.

(C)   Any party in interest may appeal the commission's action pursuant to Sections 58-27-2310 to 58-27-2340 of the 1976 Code."/

Amend the bill further, as and if amended, beginning on page 3, line 38, by striking SECTION 4 in its entirety and inserting therein the following:

/SECTION   4.   Section 6-23-90(p) of the 1976 Code is amended to read:

"(p)   To negotiate and enter into contracts for the purchase, exchange, interchange, wheeling, pooling, or transmission, of electric power and energy with any municipality, any joint agency of any other state owning electric, transmission or distribution facilities, or with any political subdivision or agencies of any other state, any electric cooperative, any public or private electric utility, or any state, federal or municipal agency which owns electric generation, transmission or distribution facilities in this State or any other state marketing, sale, or use, for resale only, of electric power and energy with any electric supplier within the State, or with any person, firm, or corporation, public or private, outside this State;"/

Amend the bill further, as and if amended, page 4, line 13, in Section 6-23-90(q), as contained in SECTION 5, by striking line 13 in its entirety and inserting therein the following:

/(q)   to negotiate and enter into contracts for the sale or use of/

Amend the bill further, as and if amended, page 4, beginning on line 24, in Section 6-23-90(q), as contained in SECTION 5, by striking lines 24 and 25 and inserting therein the following:

/for resale only, of electric power and energy, with any electric supplier within the State, or with any person, firm, or corporation, public or private, outside/

Amend the bill further, as and if amended, page 5, by striking SECTIONS 7 and 8 in their entirety and inserting therein the following:

/SECTION   7.   Section 6-23-20(e) of the 1976 Code is amended to read:

"(e)   "electric supplier" shall mean means any electric utility regulated by the Public Service Commission, electric cooperative, or municipal electric system authorized to do business within the State or the Public Service Authority and owning and operating nuclear electric generating facilities."

SECTION   8.   Section 6-23-20(h) of the 1976 Code is amended to read:

"(h)   'Project' shall mean means any system or facilities for the generation, transmission and transformation, not distribution or any of them, of electric power and energy by any means whatsoever including, but not limited to, any one or more electric generating units situated at a particular site or any interest in any of the foregoing or any right to the output, capacity, use or services thereof."

SECTION   9.   Chapter 23, Title 6 of the 1976 Code is amended by adding:

"Section 6-23-235.   That portion of Section 6-21-400 which states that it shall not be necessary for any borrower operating under the provisions of this chapter to obtain any franchise or other permit from any state bureau, board, commission, or other instrumentality of the State in order to construct, improve, enlarge, extend, or repair any system, project, or combined system named in Chapter 21, Article 6, shall not be applicable to a joint agency issuing bonds pursuant to the Revenue Bond Act for Utilities, Section 6-21-10, et seq."

SECTION   10.   Chapter 23, Title 6 of the 1976 Code is amended by adding:

"Section 6-23-335.   Nothing in this chapter shall be interpreted to authorize a joint agency to provide, distribute, market, or sell electric energy or service to retail customers."

SECTION   11.   Chapter 23, Title 6, of the 1976 Code is amended by adding:

"Section 6-23-340.   Nothing in this act shall, or shall be deemed or construed to, amend, supplement, modify, or otherwise alter or affect the provisions of contracts entered into by a joint agency prior to the effective date of this act."

SECTION   12.   Section 6-23-120 of the 1976 Code is repealed.

SECTION   13.   This act takes effect upon approval by the Governor./

Amend title to conform.

Senator J. VERNE SMITH explained the amendment.

Objection--S. 1054

Senator J. VERNE SMITH asked unanimous consent to give the Bill third reading on Friday, March 22, 1996.

Senator GIESE objected.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

SECOND READING BILLS

The following Bills and Joint Resolutions having been read the second time were ordered placed on the third reading Calendar:

H. 4721 -- Reps. Davenport and Littlejohn: A BILL TO AMEND ACT 1189 OF 1958, AS AMENDED, RELATING TO THE BOILING SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE NUMBER OF MEMBERS ON THE GOVERNING BOARD FROM THREE TO FIVE.

H. 4721--Ordered to a Third Reading

On motion of Senator RUSSELL, H. 4721 was ordered to receive a third reading on Friday, March 22, 1996.

H. 4747 -- Rep. D. Smith: A BILL TO AMEND ACT 318 OF 1965, AS AMENDED, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO REQUIRE ALL MEMBERS OF THE BOARD OF FIRE CONTROL OF THE DISTRICT TO BE ELECTED IN A NONPARTISAN ELECTION TO BE CONDUCTED AT THE TIME OF THE GENERAL ELECTION, TO PROVIDE FOR THE STAGGERING OF TERMS, AND THE MANNER OF ELECTION, AND DELETE THE PROVISION REQUIRING A TWENTY PERCENT PETITION OF THE QUALIFIED ELECTORS OF THE DISTRICT TO INITIATE AN ELECTION OF THE MEMBERS OF THE BOARD.

H. 4747--Ordered to a Third Reading

On motion of Senator RUSSELL, H. 4747 was ordered to receive a third reading on Friday, March 22, 1996.

S. 1273 -- Senators Rose, McConnell and Mescher: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.

S. 1273--Ordered to a Third Reading

On motion of Senator ROSE, S. 1273 was ordered to receive a third reading on Friday, March 22, 1996.

S. 1274 -- Senators Hayes, Gregory, Peeler and Short: A BILL TO ESTABLISH A UNIFORM FILING PERIOD FOR CANDIDATES FOR TRUSTEES TO THE SCHOOL BOARDS IN YORK COUNTY SCHOOL DISTRICTS 1, 2, 3, AND 4.

S. 1274--Ordered to a Third Reading

On motion of Senator HAYES, S. 1274 was ordered to receive a third reading on Friday, March 22, 1996.

S. 981 -- Senators Giese, Passailaigue, Glover, Wilson, Lander, Rose, Leatherman, Elliott, Mescher and Washington: A JOINT RESOLUTION TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON AGING IN CONJUNCTION WITH THE HEALTH CARE PLANNING AND OVERSIGHT COMMITTEE, THE STATE DEPARTMENT OF HEALTH AND HUMAN SERVICES, THE DIVISION ON AGING, OFFICE OF THE GOVERNOR, AND THE DEPARTMENT OF REVENUE AND TAXATION TO STUDY THE EFFECT OF INMIGRATION ON HEALTH CARE COSTS AND OTHER AGING NETWORK SERVICES AND TAX POLICIES RELATIVE TO INMIGRANTS AND TO SUBMIT A REPORT AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BY JANUARY 1, 1997.

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

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

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

Senator COURTNEY explained the Joint Resolution.

H. 3131 -- Rep. Hodges: A BILL TO REPEAL CHAPTER 19 OF TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONAL SERVICE CONTRACTS AND THE REQUIREMENT THAT THESE CONTRACTS BE INDEXED IN THE OFFICES OF THE REGISTER OF MESNE CONVEYANCES OR THE CLERK OF COURT.

AMENDED, READ THE SECOND TIME

H. 4354 -- Reps. Robinson, Walker, Allison, D. Smith, Simrill and Kirsh: A BILL TO AMEND SECTION 23-28-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESERVE POLICE OFFICERS' DUTIES, SO AS TO NOT REQUIRE A RESERVE POLICE OFFICER TO BE ACCOMPANIED BY A FULL-TIME CERTIFIED SOUTH CAROLINA POLICE OFFICER, AND TO REQUIRE A RESERVE POLICE OFFICER TO BE IN PROXIMATE CONTACT WITH THE FULL-TIME OFFICER TO WHOM HE IS ASSIGNED.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The Judiciary Committee proposed the following amendment (JUD4354.001), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 39, in Section 23-28-70, as contained in SECTION 1, by striking lines 39 and 40 in their entirety and inserting therein the following:

/for a minimum of two hundred forty hours and receive the approval of the chief or sheriff before he may work as provided in subsection (B)./.

Amend title to conform.

Senator MARTIN explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

MOTION ADOPTED
Name Withdrawn from Minority Report

S. 480 -- Senator Courtney: A BILL TO AMEND SECTION 38-71-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON DISCRIMINATION IN ACCIDENT AND HEALTH INSURANCE POLICIES AND BENEFITS FOR CERTAIN LICENSED SERVICES, SO AS TO INCLUDE SERVICES OF A LICENSED MASTER SOCIAL WORKER, LICENSED INDEPENDENT SOCIAL WORKER, LICENSED MARRIAGE AND FAMILY THERAPIST, LICENSED PROFESSIONAL COUNSELOR, OR PSYCHIATRIC CLINICAL NURSE SPECIALIST.

Senator LEATHERMAN asked unanimous consent to make a motion to be granted leave to withdraw his name from the Minority Report.

There was no objection and the motion was adopted.

POINT OF ORDER

S. 1035 -- Senators McGill, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A BILL TO AMEND SECTION 4-9-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT NO COUNTY MAY BE BOUND BY ANY GENERAL LAW REQUIRING IT TO SPEND FUNDS OR TAKE AN ACTION REQUIRING THE EXPENDITURE OF FUNDS UNLESS THE GENERAL ASSEMBLY HAS DETERMINED THAT THE LAW REQUIRING THE EXPENDITURE FULFILLS A STATE INTEREST AND THE LAW REQUIRING THE EXPENDITURE IS APPROVED BY TWO-THIRDS OF THE MEMBERS VOTING IN EACH HOUSE OF THE GENERAL ASSEMBLY, SO AS TO DELETE THE GENERAL AND SPECIAL APPROPRIATIONS ACTS FROM THE EXEMPTIONS IN THIS SECTION.

Point of Order

Senator McCONNELL raised a Point of Order that under Rule 38, the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

S. 1272 -- Senators Leventis, Land, Wilson, McGill and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1355 SO AS TO REQUIRE THAT ON THE NEXT REGULAR WORKING DAY OF THE STATE ELECTION COMMISSION AFTER A POLL IS INITIATED BY A PERSON, CANDIDATE, OR COMMITTEE, THE TEXT OF QUESTIONS TO BE ASKED ALONG WITH THE NAME OF THE POLL'S SPONSOR MUST BE ON FILE WITH THE COMMISSION, TO PROVIDE AN EXCEPTION AND THE COVERED PERIOD AND APPLICABILITY TO PRIMARIES AND RUN-OFF ELECTIONS.

Point of Order

Senator McCONNELL raised a Point of Order that under Rule 38, the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

ADOPTED

S. 1185 -- Senators Russell and Giese: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO AMEND THE FEDERAL FOOD, DRUG, AND COSMETIC ACT AND THE PUBLIC HEALTH SERVICE ACT TO FACILITATE THE DEVELOPMENT AND APPROVAL OF NEW DRUGS, BIOLOGICAL PRODUCTS, AND MEDICAL DEVICES.

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

OBJECTION

H. 4113 -- Reps. Cotty and Hodges: A BILL TO AMEND SECTION 29-3-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES AND DEEDS OF TRUST, FORECLOSURE, AND APPLICATION FOR ORDER OF APPRAISAL, SO AS TO PROVIDE, AMONG OTHER THINGS, 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 CERTAIN STATEMENT DURING THE TRANSACTION; AND TO AMEND SECTION 29-3-700, RELATING TO MORTGAGES AND DEEDS OF TRUST, FORECLOSURE, AND THE ORDER FOR APPRAISAL, SO AS TO PROVIDE THAT THE APPRAISAL BE CONDUCTED BY THREE DISINTERESTED STATE CERTIFIED GENERAL REAL ESTATE APPRAISERS, RATHER THAN "THREE DISINTERESTED FREEHOLDERS OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED".

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

Senator COURTNEY explained the Bill.

Senator LEATHERMAN objected to further consideration of the Bill.

CARRIED OVER

H. 3848 -- Rep. Cromer: A BILL TO AMEND SECTION 30-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER IN WHICH MORTGAGE ASSIGNMENTS MUST BE EXECUTED AND PROBATED, SO AS TO REQUIRE THAT ASSIGNMENT OF MORTGAGE FORMS INCLUDE THE NAME AND ADDRESS OF THE MORTGAGOR AND OF THE MORTGAGEE AND THE BOOK, PAGE, AND DATE OF RECORDING OF THE ORIGINAL MORTGAGE.

On motion of Senator SETZLER, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

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.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 5 (PT\2268DW.96) proposed by Senator FAIR and previously printed in the Journal of Tuesday, March 19, 1996.

RULING BY THE PRESIDENT

The PRESIDENT took up the Point of Order raised by Senator SETZLER on March 19, 1996, that Amendment No. 6 (1117R018.ELP), proposed by Senators PASSAILAIGUE, McGILL, O'DELL, RICHTER, SHORT, ROSE and McCONNELL was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT overruled the Point of Order.

RULING BY THE PRESIDENT

The PRESIDENT took up the Point of Order raised by Senator PASSAILAIGUE on Thursday, March 14, 1996, that Article 5 of the Bill was out of order inasmuch as this article establishes authorization for revenue bonds to be issued and pledges the revenue of a tax for the service of the debt and, therefore, is in violation of Section 13 of Article X of the S.C. Constitution.

The PRESIDENT sustained the Point of Order.

Amendment No. 5A

Pursuant to the motion of Tuesday, March 19, 1996, Senators FAIR, J. VERNE SMITH and THOMAS proposed the following Amendment No. 5A (GJK\22511SD.96), which was substituted for Amendment No. 5, which was tabled:

Amend the bill, as and if amended, by striking Section 59-144-100 of the 1976 Code, as contained in SECTION 1, which begins on line 29, page 3, and inserting:

/Section 59-144-100.   Funds made available under this chapter must be allocated annually to the school districts as follows:

(1)   sixty percent of the funds allocated annually to the several school districts for facilities' needs must be allocated on a per pupil basis using the weighted pupil units of each district for the preceding year;

(2)   forty percent must be allocated according to the preceding year's Education Finance Act (EFA) formula;

(3)   a district's annual allotment must be the sum of the two amounts calculated as provided in this subsection. Funds from a district's allotment shall be made available as needed once approval is received from the State Board of Education pursuant to Chapter 23 of this title./

Renumber sections to conform.

Amend totals and title to conform.

Senator J. VERNE SMITH explained the amendment.

Senator SETZLER argued contra to the adoption of the amendment.

Senator SETZLER moved to lay the amendment on the table.

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

Ayes 35; Nays 10

AYES

Bryan                     Cork                      Courson
Drummond                  Elliott                   Ford
Giese                     Glover                    Gregory
Hayes                     Holland                   Jackson
Land                      Lander                    Leatherman
Leventis                  Matthews                  McConnell
McGill                    Mescher                   Moore
O'Dell                    Passailaigue              Patterson
Peeler                    Rankin                    Richter
Ryberg                    Saleeby                   Setzler
Short                     Smith, G.                 Waldrep
Washington                Wilson                    

TOTAL--35

NAYS

Alexander                 Boan                      Courtney
Fair                      Martin                    Reese
Rose                      Russell                   Smith, J.V.
Thomas

TOTAL--10

The amendment was laid on the table.

Amendment No. 2

Senator SETZLER asked unanimous consent to take up for immediate consideration Amendment No. 2.

There was no objection.

Senators CORK, LEVENTIS and PASSAILAIGUE proposed the following Amendment No. 2 (1117R015.HAC), which was adopted:

Amend the bill, as and if amended, page 2, beginning on line 36 and continuing to page 3, lines 1 through 12, by striking Section 59-144-50 in its entirety.

Amend the bill further, as and if amended, page 5, by striking lines 25 through 28, and inserting in lieu thereof the following:

/(4)   developing policies and guidelines for school districts to notify the State Board of Education of the anticipated times of expenditures from district allotments for school facilities funding under this chapter;/

Amend the bill further, as and if amended, page 9, by striking lines 27 through 32, and inserting the following:

/(5)   use such state funds as appropriated by the General Assembly for the purposes of this chapter; and

(6)   do all things necessary or convenient to carry out the purposes of this chapter.   /

Amend the bill further, as and if amended, beginning on page 10, line 14, by striking lines 14 through 43, and by striking pages 11, 12, 13, and on page 14 by striking lines 1 through 14 except for / " /.

Amend title to conform.

On motion of Senator SETZLER, with unanimous consent, the amendment was adopted and the Clerk was authorized to make such editorial changes as may be necessary to conform the Bill to the Ruling of the PRESIDENT.

Amendment No. 6

Senators PASSAILAIGUE, McGILL, O'DELL, RICHTER, SHORT, ROSE and McCONNELL proposed the following Amendment No. 6 (1117R018.ELP), previously printed in the Journal of Tuesday, March 19, 1996, which was withdrawn.

Senator PASSAILAIGUE explained the amendment.

On motion of Senator PASSAILAIGUE, with unanimous consent, Amendment No. 6 was withdrawn.

Amendment No. 7

Senator PASSAILAIGUE proposed the following Amendment No. 7 (1117R021.ELP), which was ruled out of order:

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

/SECTION   ____.   Notwithstanding any other provision of law to the contrary, and notwithstanding the procedures of Section 119 of Part II of Act 145 of 1995, the reimbursements to be made to taxing entities under Section 119 of Part II of Act 145 of 1995 shall be based and allocated on a per-pupil basis using the weighted pupil units for the taxing entity and the county auditor shall establish the amount of the special property tax exemption for eligible property in the county as set forth in Section 119 of Part II of Act 145 of 1995./

Amend title to conform.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment.

Point of Order

Senator WILSON raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senators PASSAILAIGUE, LEATHERMAN, BRYAN and McCONNELL spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Senator PASSAILAIGUE, with unanimous consent, was granted leave to address brief remarks to the body.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION NOT CONSIDERED

S. 1195 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-15 SO AS TO DEFINE THE MISSION OF HIGHER EDUCATION IN SOUTH CAROLINA; TO PROVIDE THAT THE COMMISSION SHALL BE RESPONSIBLE FOR A COORDINATED, EFFICIENT, AND RESPONSIVE HIGHER EDUCATION SYSTEM IN THIS STATE AND TO PROVIDE FOR THE RESPONSIBILITIES OF THE COMMISSION IN THIS REGARD; TO AMEND SECTION 59-103-35, RELATING TO THE SUBMISSION OF THE BUDGETS OF PUBLIC INSTITUTIONS OF HIGHER LEARNING AND THE APPROVAL AND REVIEW OF THE PROGRAMS OF THESE INSTITUTIONS; TO REVISE THE COMMISSION'S RESPONSIBILITIES WITH REGARD TO AN INSTITUTION'S PROGRAMS; TO PROVIDE THAT AN INSTITUTION'S REQUEST FOR NEW OR EXPANDED PROGRAMS MUST BE APPROVED BY THE COMMISSION; AND TO REVISE SUCH PROVISIONS AND REFERENCES TO OTHER DUTIES AND FUNCTIONS CONFERRED ON THE COMMISSION. (Abbreviated Title)

Senator SETZLER moved that the Bill be made a Special Order.

Senator McCONNELL argued contra to the motion.

Senator McCONNELL moved that the Senate stand adjourned.

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

Ayes 23; Nays 20

AYES

Boan                      Fair                      Ford
Leatherman                Leventis                  Matthews
McConnell                 McGill                    Mescher
Moore                     O'Dell                    Passailaigue
Patterson                 Reese                     Richter
Rose                      Ryberg                    Saleeby
Short                     Smith, J.V.               Thomas
Waldrep                   Wilson                    

TOTAL--23

NAYS

Alexander                 Bryan                     Cork
Courson                   Courtney                  Drummond
Elliott                   Giese                     Glover
Gregory                   Hayes                     Holland
Land                      Lander                    Martin
Peeler                    Rankin                    Setzler
Smith, G.                 Washington                

TOTAL--20

The motion to adjourn was adopted.

LOCAL APPOINTMENTS
Confirmations

Having received a favorable report from the Horry County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Horry County Master-in-Equity, with term to commence July 31, 1991, and to expire July 31, 1997:

Honorable James Stanton Cross, Jr., 1040 Chelsey Circle, Conway, S.C. 29526 VICE John L. Breeden, Jr. (resigned)

Having received a favorable report from the Pickens County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Pickens County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

Honorable Ernest David Forest, Sr., 202 Wellington Road, Easley, S.C. 29642-3412 VICE Stephen B. Gravely (resigned)

Time Fixed

Senator DRUMMOND moved that when the Senate adjourns on Friday, March 22, 1996, it stand adjourned to meet next Tuesday, March 26, 1996, at 12:00 Noon, which motion was adopted.

MOTION ADOPTED

On motion of Senator JACKSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Laura Toliver "Mother" Jefferson of Richland County, S.C.

ADJOURNMENT

At 1:35 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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