South Carolina General Assembly
112th Session, 1997-1998
Journal of the Senate

WEDNESDAY, MARCH 19, 1997

Wednesday, March 19, 1997
(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, the author of the Epistle to the Hebrews gives us an important definition of faith, Chapter 11 (v.1):

"Now faith is the assurance of things

hoped for, the convictions of things not seen."
Let us pray.

Almighty God, our Father, You have revealed to us by Your mighty acts of creation: the marvelous design of springtime and winter days, summer and fall.

We see the evidence of Your Providence in history: especially in the exodus of the Hebrews out of Egypt. You let them wander in the wilderness for 40 years... until the time was right to enter the Promised Land.

We're still in the wilderness, Lord!

We pray for all who are fleeing for their lives in Albania, Liberia and many places of the earth.

We are all in slavery together... slavery of the sin that inheres in human nature.

Easter is on the way! Teach us the miracles of redeeming faith.

Amen.

Point of Quorum

Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

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

Alexander                 Anderson                  Bryan
Cork                      Courson                   Courtney
Drummond                  Elliott                   Fair
Ford                      Giese                     Glover
Gregory                   Hayes                     Holland
Hutto                     Jackson                   Land
Lander                    Leatherman                Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell
Passailaigue              Patterson                 Peeler
Rankin                    Ravenel                   Reese
Rose                      Ryberg                    Saleeby
Setzler                   J. Verne Smith            Thomas
Waldrep                   Washington                Williams
Wilson                    

A quorum being present, the Senate resumed.

Recorded Presence

Senators SHORT and RUSSELL recorded their presence subsequent to the Call of the Senate.

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

REGULATIONS RECEIVED

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

Document No. 2165
Promulgated by Department of Natural Resources
Turtle Excluder Devices Required in Channel Nets
Received by Lt. Governor March 11, 1997
Referred to Senate Committee on Fish, Game and Forestry
120 day review expiration date July 9, 1997 (Subject to Sine Die Revision)

Document No. 2176
Promulgated by Department of Labor, Licensing and Regulation-Manufactured Housing Board
Manufactured Homes; Practices in the Industry
Received by Lt. Governor March 12,1997
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date July 10, 1997 (Subject to Sine Die Revision)

REGULATIONS WITHDRAWN AND RESUBMITTED

The following were received:

Document No. 1945
Promulgated by Board of Education
43-205. Administrative and Professional Personnel Qualifications, Duties and Workloads
Received by Lt. Governor May 22, 1996
Referred to Senate Committee on Education
120 day review expiration date revised April 20, 1997
Withdrawn and resubmitted March 18, 1997

Document No. 1950
Promulgated by Board of Education
43.274 Student Attendence
43-209. Nonprofessional/Paraprofessional Personnel Positions, Qualifications and Duties
Received by Lt. Governor April 18, 1996
Referred to Senate Committee on Education
120 day review expiration date revised April 8, 1997 (20 day minimum)
Withdrawn and resubmitted March 19, 1997

Document No. 2028
Promulgated by Board of Education
42.274.Student Attendance
Received by Lt. Governor May 21, 1996
Referred to Senate Committee on Education
120 day review expiration date revised April 19, 1997
Withdrawn and resubmitted March 18, 1997

Document No. 2123
Promulgated by Department of Education
43-231. Defined Program K-5
Received by Lt. Governor January 13, 1997
Referred to Senate Committee on Education
120 day review expiration date revised May 25, 1997
Withdrawn and resubmitted March 18, 1997

Document No. 2124
Promulgated by Department of Education
43-232. Defined Program 9-12
Received by Lt. Governor January 13, 1997
Referred to Senate Committee on Education
120 day review expiration date revised May 25, 1997
Withdrawn and resubmitted March 18, 1997

Document No. 2126
Promulgated by Department of Education
43-234. Defined Program 6-8 (Amended Title)
Received by the Lt. Governor January 13, 1997
Referred to Senate Committee on Education
120 day review expiration date revised May 25, 1997
Withdrawn and Resubmitted March 18, 1997

Document No. 2152
Promulgated by Department of Labor, Licensing and Regulation-Contractors' Licensing Board
Application for License; Examination
Received by Lt. Governor February 13, 1997
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date revised June 19, 1997 (Subject to Sine Die Revision)
Withdrawn and Resubmitted March 19, 1997

Doctor of the Day

Senator MOORE introduced Dr. Benjamin E. Nicholson of Edgefield, S.C., Doctor of the Day.

Leave of Absence

At 11:20 A.M., Senator HUTTO requested a leave of absence for Thursday, March 20, 1997.

Leave of Absence

At 11:55 A.M., Senator MATTHEWS requested a leave of absence for Thursday, March 20, 1997.

Expression of Personal Interest

Senator PASSAILAIGUE rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator SETZLER rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator LANDER rose for an Expression of Personal Interest.

Message from the House

Columbia, S.C., March 19, 1997

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3176 -- Reps. Felder and Boan: A BILL TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO UNIVERSITY OF SOUTH CAROLINA ATHLETICS FACILITIES REVENUE BONDS, SO AS TO PROVIDE A DEFINITION OF "NET ATHLETIC REVENUES" AND RESTORE THE DEFINITION REFERRING TO THE STATE BUDGET AND CONTROL BOARD; TO REMOVE THE OUTSTANDING DEBT LIMIT FOR THESE BONDS, AUTHORIZE THEIR USE FOR REFUNDING OF EARLIER ISSUES, AND MAKE THESE BONDS PAYABLE FROM ADMISSION FEES, SPECIAL STUDENT FEES, AND NET ATHLETIC REVENUES; TO DELETE PROVISIONS RELATED TO ADVERTISING OF ISSUES, TO PROVIDE THAT EXISTING FEES MUST BE SET AFTER THE CONSIDERATION OF NET ATHLETIC REVENUES, TO CONFORM USES OF THE BOND REVENUES AND THE SETTING OF FEES TO THE AMENDMENTS PROVIDED IN THIS ACT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 547 -- Senators Matthews, Patterson and Washington: A BILL TO AMEND TITLE 34 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 30 SO AS TO CREATE THE SOUTH CAROLINA COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS COMMISSION, WHICH SHALL EXIST FOR THE PURPOSE OF CERTIFYING ENTITIES AS COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS, TO PROVIDE FOR THE APPOINTMENT OF COMMISSION MEMBERS AND THE OPERATION OF THE COMMISSION, AND TO PROVIDE A DEFINITION FOR COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION; AND TO AMEND ARTICLE 10, CHAPTER 7, TITLE 12 OF THE 1976 CODE, RELATING TO INCOME TAX CREDITS, BY ADDING SECTION 12-7-1255 SO AS TO PROVIDE A TAX CREDIT EQUAL TO FIFTY PERCENT OF A TAXPAYER'S INVESTMENT IN A COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION, UP TO A MAXIMUM OF TEN MILLION DOLLARS FOR ALL TAXPAYERS FOR ALL TAXABLE YEARS.

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

S. 548 -- Senator McConnell: A BILL TO AMEND TITLE 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIBRARIES, ARCHIVES, MUSEUMS, AND ARTS, BY ADDING CHAPTER 14, SO AS TO ESTABLISH THE CONFEDERATE RELIC ROOM AND MUSEUM WITHIN THE STATE BUDGET AND CONTROL BOARD.

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

S. 549 -- Senators Matthews, Patterson and Washington: A BILL TO AMEND ARTICLE 10, CHAPTER 7, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX CREDITS, BY ADDING SECTION 12-7-1265 SO AS TO PROVIDE STATE TAX CREDITS FOR DONATIONS TO COLLEGES AND UNIVERSITIES WHERE LOW INCOME STUDENTS COMPRISE FIFTY PERCENT OR MORE OF THE TOTAL STUDENT POPULATION AND TO DEFINE "LOW INCOME STUDENT".

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

S. 550 -- Senator McConnell: A BILL TO AMEND ARTICLE 5, CHAPTER 6, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIENNIAL MINIBOTTLE LICENSES, BY ADDING SECTION 61-6-1615, SO AS TO DIVIDE LICENSES ISSUED TO FOOD SERVICE ESTABLISHMENTS AND PLACES OF LODGING INTO TWO CLASSES BASED UPON THE PERCENTAGE OF GROSS PROCEEDS RECEIVED FROM ALCOHOL SALES; TO AMEND SECTION 61-4-540, RELATING TO ISSUANCE OF PERMITS FOR SALE OF BEER AND WINE, SO AS TO REQUIRE A PERMIT TO STATE WHETHER THE PERMIT IS APPROVED FOR ON-PREMISES OR OFF-PREMISES CONSUMPTION; AND TO AMEND ARTICLE 5, CHAPTER 4, TITLE 61, BY ADDING SECTION 61-4-545, RELATING TO PERMITS FOR THE SALE OF BEER AND WINE, SO AS TO DIVIDE PERMITS ISSUED FOR ON-PREMISES CONSUMPTION INTO TWO CLASSES BASED UPON THE PERCENTAGE OF GROSS PROCEEDS RECEIVED FROM BEER AND WINE SALES.

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

S. 551 -- Senators Ford, Patterson, Jackson, Matthews, Holland, Glover, Drummond, O'Dell, Waldrep, Bryan and Saleeby: A BILL TO AMEND ARTICLE 7, CHAPTER 3, TITLE 57 OF THE 1976 CODE, RELATING TO DUTIES OF THE DEPARTMENT OF TRANSPORTATION, BY ADDING SECTION 57-3-617 SO AS TO PROVIDE THAT IF, AND TO THE EXTENT AUTHORIZED BY FEDERAL LAW, THE DEPARTMENT OF TRANSPORTATION SHALL ESTABLISH TOLL FACILITIES AT CERTAIN LOCATIONS ALONG INTERSTATE HIGHWAYS LOCATED IN SOUTH CAROLINA; AND TO PROVIDE THAT PROCEEDS GENERATED BY THESE TOLLS SHALL BE DEPOSITED IN A SEPARATE ACCOUNT DESIGNATED AS THE "HIGHWAY AND ROAD MAINTENANCE TRUST FUND", TO BE USED FOR THE MAINTENANCE OF HIGHWAYS AND ROADS IN SOUTH CAROLINA.

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

S. 552 -- Senators Land and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING AN APPROPRIATELY LETTERED ITEM TO THE END OF SECTION 56-5-4140 RELATING TO COTTON MODULAR LOADS SO AS TO PROVIDE FOR THE HARVESTING AND TRANSPORTING OF AGRICULTURAL PRODUCTS AND BY AMENDING SECTION 57-3-160 RELATING TO PERMITS FOR COTTON MODULAR VEHICLES SO AS TO ALLOW THE WIDTH TO BE INCREASED FROM ONE HUNDRED SEVEN INCHES TO ONE HUNDRED TEN INCHES FOR PERMITTING PURPOSES.

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

S. 553 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO EMERGENCY MEDICAL SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2161, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 554 -- Senators Matthews, Hutto and Patterson: A SENATE RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE SENATE TO DR. SHINGARA S. SANDHU UPON BEING NAMED THE 1996 SOUTH CAROLINA SENIOR COLLEGE PROFESSOR OF THE YEAR.

The Senate Resolution was adopted.

S. 555 -- Senator Hutto: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE HONORABLE MARGARET KENNEDY THOMPSON, PROBATE JUDGE OF ORANGEBURG COUNTY, WHO PASSED AWAY MARCH 12, 1997.

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

S. 556 -- Senators Passailaigue, McConnell, Ravenel, Washington, Mescher, Ford, Williams and Rose: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. BARBARA LANGER PEARLSTINE OF CHARLESTON UPON HER DEATH.

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

S. 557 -- Senators Drummond, Alexander, Anderson, Bryan, Cork, Courson, Courtney, 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, Ravenel, Reese, Rose, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington, Williams and Wilson: A SENATE RESOLUTION TO EXTEND SINCERE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE SOUTH CAROLINA STATE SENATE TO COACH FINIS HORNE, LANDER UNIVERSITY ATHLETICS DIRECTOR AND MEN'S HEAD BASKETBALL COACH, ON THE OCCASION OF HIS RETIREMENT AND WISHING HIM SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.

The Senate Resolution was adopted.

H. 3470 -- Reps. Kirsh, Edge, Barfield, Meacham and Simrill: A BILL TO AMEND CHAPTER 18, TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE, SO AS TO CHANGE THE TERM "COMMISSIONER" TO "DIRECTOR" AND TO CONFORM THE NAME OF THE DEPARTMENT OF LABOR TO THE GOVERNMENT RESTRUCTURING ACT OF 1993.

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

H. 3641 -- Rep. Harvin: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON SEPTEMBER 5 AND 6, 1996, BY THE STUDENTS OF CLARENDON COUNTY SCHOOL DISTRICTS 1, 2, AND 3 IN CLARENDON COUNTY FOR SCHOOL YEAR 1996-97 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

REPORTS OF STANDING COMMITTEES

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

S. 3 -- Senator Leventis: 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.

Ordered for consideration tomorrow.

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

S. 22 -- Senator Leatherman: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT MATERIALS RELATING TO THE RECRUITMENT AND EMPLOYMENT OF PUBLIC EMPLOYEES.

Ordered for consideration tomorrow.

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

S. 85 -- Senator Wilson: A BILL TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT MUNICIPAL COURTS MAY IMPOSE, SO AS TO PROVIDE THAT A MUNICIPAL JUDGE MAY ORDER RESTITUTION HE CONSIDERS APPROPRIATE IN ADDITION TO CRIMINAL PENALTIES WHENEVER A PARTY IS FOUND GUILTY OF VIOLATING A MUNICIPAL ORDINANCE OR A STATE LAW WITHIN THE JURISDICTION OF THE COURT.

Ordered for consideration tomorrow.

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

S. 282 -- Senators Anderson, Patterson, Washington, Matthews, Williams, Glover and Ford: A BILL TO AMEND SECTION 15-78-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCEPTIONS FROM LIABILITY FOR GOVERNMENTAL ENTITIES UNDER THE GOVERNMENTAL TORT CLAIMS ACT, SO AS TO EXEMPT COUNTY SHERIFFS DEPARTMENTS AND MUNICIPAL LAW ENFORCEMENT DEPARTMENTS FROM LIABILITY WHEN ESCORTING FUNERAL PROCESSIONS.

Ordered for consideration tomorrow.

Senator RANKIN from the Committee on Judiciary submitted a favorable report on:

S. 283 -- Senators Hutto and Giese: A BILL TO AMEND SECTION 1-7-310 , CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOLICITORS, SO AS TO REQUIRE SOLICITORS TO BE LICENSED TO PRACTICE LAW BY THE SOUTH CAROLINA BAR AT THE TIME OF HIS ELECTION AND THROUGHOUT HIS TERM AND TO DELETE OUT-DATED REFERENCES.

Ordered for consideration tomorrow.

Senator ROSE from the Committee on Judiciary submitted a favorable report on:

S. 320 -- Senator Rose: A BILL TO AMEND SECTION 7-13-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS PROHIBITED FROM SERVING AS A POLL MANAGER OR CLERK, SO AS TO INCLUDE FATHER-IN-LAW, MOTHER-IN-LAW, BROTHERS-IN-LAW, AND SISTERS-IN-LAW WITHIN THE GROUP THAT IS PROHIBITED FROM SERVICE.

Ordered for consideration tomorrow.

Senator RANKIN from the Committee on Judiciary submitted a favorable report on:

S. 331 -- Senator Holland: A BILL TO AMEND SECTION 17-15-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE OF RECOGNIZANCES, SO AS TO PROVIDE THAT A MAGISTRATE MAY CONFIRM JUDGMENTS OF RECOGNIZANCE FORFEITURE OF NOT MORE THAN THE MAXIMUM FINE ALLOWABLE UNDER HIS JURISDICTION IN ADDITION TO ASSESSMENTS.

Ordered for consideration tomorrow.

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

S. 357 -- Senators Saleeby and Wilson: A BILL TO AMEND SECTION 7-11-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATEMENTS OF INTENTION OF CANDIDACY, SO AS TO PROVIDE THAT IF A FILING DATE FALLS ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THESE DATES SHALL BEGIN OR END, AS APPROPRIATE, ON THE NEXT DAY WHICH IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, AND TO FURTHER PROVIDE FOR THE FILING REPOSITORY FOR THESE STATEMENTS; TO AMEND SECTION 7-11-210, RELATING TO NOTICE OF CANDIDACY AND PLEDGE, SO AS TO CHANGE THE FILING REPOSITORIES FOR THESE ITEMS; TO AMEND SECTION 7-13-40, RELATING TO CERTIFICATION OF CANDIDATES, SO AS TO REQUIRE THAT PARTIES NOMINATING CANDIDATES BY PARTY PRIMARY MUST VERIFY QUALIFICATIONS OF THOSE CANDIDATES PRIOR TO CERTIFICATION; TO AMEND SECTION 7-13-45, RELATING TO FILING AS A CANDIDATE, SO AS TO PROVIDE WHERE PERSONS MAY FILE AS CANDIDATES; AND TO AMEND SECTION 7-13-350, RELATING TO CERTIFIED CANDIDATES NOMINATED BY PETITION, PRIMARY, OR CONVENTION, SO AS TO PROVIDE THAT POLITICAL PARTIES NOMINATING CANDIDATES BY PRIMARY OR CONVENTION MUST VERIFY THE QUALIFICATIONS OF THOSE CANDIDATES PRIOR TO CERTIFICATION TO THE AUTHORITY CHARGED BY LAW WITH PREPARING THE BALLOT.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:

S. 381 -- Senator Holland: A BILL TO AMEND SECTION 7-11-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATEMENTS OF INTENTION OF CANDIDACY, SO AS TO PROVIDE THAT IF A FILING DATE FALLS ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THESE DATES SHALL BEGIN OR END, AS APPROPRIATE, ON THE NEXT DAY WHICH IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY; AND TO AMEND SECTION 7-11-210, RELATING TO THE DEADLINE FOR FILING A NOTICE OF CANDIDACY AND PLEDGE, SO AS TO PROVIDE THAT IF MARCH THIRTIETH FALLS ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THE NOTICE AND PLEDGE MUST BE FILED ON THE NEXT DAY WHICH IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY.

Ordered for consideration tomorrow.

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

S. 464 -- Senators Ford and Patterson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF JUSTICE TO APPOINT A SPECIAL PROSECUTOR TO INVESTIGATE THE FINDINGS MADE BY A UNITED STATES DISTRICT COURT JUDGE THAT PROSECUTORS EMPLOYED IN THE UNITED STATES ATTORNEY'S OFFICE FOR THE DISTRICT OF SOUTH CAROLINA COMMITTED EGREGIOUS PROSECUTORIAL MISCONDUCT IN THE COURSE OF PROSECUTIONING CASES UNDER THE STING OPERATION POPULARLY KNOWN AS "OPERATION LOST TRUST".

Ordered for consideration tomorrow.

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

H. 3139 -- Reps. Wilkins, Meacham, Knotts and Robinson: A BILL TO AMEND SECTION 20-7-766, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMANENCY PLANNING FOR CHILDREN IN FOSTER CARE, SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES TO CONDUCT ADOPTION ASSESSMENTS AND CHILD-SPECIFIC RECRUITING FOR POTENTIAL ADOPTIVE FAMILIES AND TO REVISE VARIOUS DISPOSITION CRITERIA FOR CERTAIN CHILDREN IN FOSTER CARE; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO GROUNDS FOR TERMINATING PARENTAL RIGHTS, SO AS TO ADD ABANDONMENT OF A CHILD; AND TO AMEND SECTION 20-7-1574, AS AMENDED, RELATING TO COURT ORDERS TERMINATING PARENTAL RIGHTS, SO AS TO DECREASE THE TIME WITHIN WHICH AN AGENCY HAS TO DEVELOP AND SUBMIT A PLAN FOR PERMANENT PLACEMENT OF A CHILD WHOSE PARENTAL RIGHTS HAVE BEEN TERMINATED.

Ordered for consideration tomorrow.

Committee to Escort

The PRESIDENT appointed Senators ANDERSON, COURSON, DRUMMOND and MESCHER to escort the Honorable Joseph J. Frank, National Commander of the American Legion, and his party to the rostrum of the House of Representatives for the Joint Assembly.

RECESS

At 11:55 A.M., the Senate receded from business for the purpose of attending the Joint Assembly.

JOINT ASSEMBLY
Address by the National Commander of the American Legion

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

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of the following Concurrent Resolution adopted by both Houses:

H. 3264 -- Rep. Quinn: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE JOSEPH J. FRANK, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 19, 1997.

The Honorable Joseph J. Frank, National Commander of the American Legion, and members of his party were escorted to the rostrum by Senators ANDERSON, COURSON, DRUMMOND and MESCHER and Representatives Spearman, Inabinett, Vaughn and Kinon.

The PRESIDENT of the Senate introduced the Honorable Joseph J. Frank, National Commander of the American Legion.

Commander Frank addressed the Joint Assembly.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

At 12:30 P.M., the Senate reconvened.

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

ORDERED ENROLLED FOR RATIFICATION

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. 3254 -- Reps. Boan and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-285 SO AS TO PROVIDE AN ALTERNATE METHOD FOR THE REDUCTION OF THE CORPORATE LIMITS WHEN THE AREA IS OWNED BY A MUNICIPALITY OR COUNTY.

(By prior motion of Senator HOLLAND, with unanimous consent)

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

S. 25 -- Senator Mescher : A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 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 OF THE 1976 CODE, RELATING TO TATTOOING, SO AS TO CHANGE THE CRIMINAL OFFENSE PROHIBITING ALL TATTOOING TO ALLOW TATTOOING OF THOSE EIGHTEEN YEARS OF AGE OR OVER.

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

Senator PASSAILAIGUE proposed the following amendment (25R003.ELP), which was adopted:

Amend the bill, as and if amended, page 2, line 20, by striking / " /.

Amend the bill further, as and if amended, page 2, after line 20, by inserting the following:

/(C)(1)   A person engaged in tattooing shall demand proof of age from a prospective recipient if an ordinary person would conclude on the basis of appearance that the prospective recipient may be under the age of eighteen years.

(2)   Proof that the defendant demanded, was shown, and reasonably relied upon proof of age is a defense to an action brought pursuant to this section."/

Amend the bill further, page 2, after line 20, by inserting the following:

/SECTION   _____.   Chapter 17, Title 16 of the 1976 Code is amended by adding:

"Section 16-17-705. A person under the age of eighteen who is tattooed in violation of Section 16-17-700(A)(1) may bring an action in the circuit court against the person convicted of the violation to recover actual damages and punitive damages plus costs of the action and attorney's fees."/

Amend the bill further, page 2, by striking lines 12 through 14, and inserting in lieu thereof the following:

/A person who violates the provisions of this section for a first offense is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than one year, or both. For a second or subsequent offense, a person must be fined in the discretion of the court and must be sentenced to a mandatory term of imprisonment of one year./

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

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

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

S. 292 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-31-216 SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION SHALL COLLECT AND MAINTAIN CONCEALABLE WEAPON APPLICATION, RENEWAL, AND REPLACEMENT FEES FOR THE ADMINISTRATION OF THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1996".

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

Senator MESCHER proposed the following amendment (292R001.WCM), which was adopted:

Amend the bill, as and if amended, page [292-2], after line 27, by adding an appropriately numbered new SECTION before the effective clause to read:

/SECTION   ___.   The first paragraph of Section 23-31-215(A) of the 1976 Code, as added by Act 464 of 1996, is amended to read:

"Section 23-31-215.   (A)   Notwithstanding any other provision of law, except subject to subsection (B) of this section, SLED must issue a permit to carry a concealable weapon, which is no larger than three and one-half inches by three inches in size, must be issued by SLED to a resident who is at least twenty-one years of age and who is not prohibited by state law from possessing the weapon upon submission of:"/

Amend title to conform.

Senator MESCHER explained the amendment.

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

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

CARRIED OVER

S. 310 -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 33, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, SO AS TO ENACT THE SOUTH CAROLINA PATIENTS' INSURANCE AND BENEFITS PROTECTION ACT WHICH DEFINES CERTAIN HEALTH CARE PLANS AND OTHER TERMS; SPECIFIES CERTAIN HEALTH INSURANCE COVERAGE OPTIONS WHEN THE INSUREE IS EMPLOYED BY AN EMPLOYER THAT HAS MORE THAN FIFTY EMPLOYEES; AND PROVIDES CERTAIN EXCLUSIONS FROM THE APPLICATION OF THE PROVISIONS OF THIS ARTICLE.

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

Senator RYBERG spoke on the Bill.

On motion of Senator DRUMMOND, with unanimous consent, the Bill was carried over with Senator RYBERG retaining the floor.

MOTION ADOPTED

On motion of Senator DRUMMOND, with unanimous consent, the Senate staff was granted a holiday on Good Friday, March 28, 1997.

ADJOURNMENT

At 12:26 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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