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

Tuesday, March 3, 1998
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, 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 a word about St. Paul in the Book of Acts, Chapter 26 (v.19):
"Whereupon, O King Agrippa,
I was not disobedient unto the
heavenly vision."
Let us pray.
Our Father, sometimes we feel that we get so close to the minutia of government that we lose sight of the larger vision that ought to captivate our thoughts!
We acknowledge that there is a very great, and grave, difference between what we are and what we ought to be.
Give us a dream... and visions... of what South Carolina and our country ought to be, by the grace of God!
And with our dreams and our visions, give us spiritual backbones and strong muscles that we may be tools of power and instruments of renewal.
If so be it that at the end of the day... or of the week... or of the session... we may be able to say with St. Paul, "I was not disobedient to the heavenly vision."
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                  Branton
Bryan                     Cork                      Courson
Courtney                  Drummond                  Fair
Ford                      Giese                     Glover
Gregory                   Grooms                    Hayes
Holland                   Hutto                     Jackson
Land                      Lander                    Leventis
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore
O'Dell                    Passailaigue              Patterson
Peeler                    Rankin                    Ravenel
Reese                     Russell                   Ryberg
Saleeby                   Setzler                   Short
Smith, J. Verne           Thomas                    Waldrep
Washington                Wilson                    

A quorum being present, the Senate resumed.

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

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

November 13, 1997
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Statewide Appointment

Reappointment, Scenic Highways Committee, with term to commence July 14, 1998, and to expire July 14, 2000:
Parks and Recreation:
Mr. Paul B. Ellis, III, City of Greenville, Post Office Box 2207, Greenville, S.C. 29602

Referred to the Committee on Transportation.

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

January 2, 1998
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Statewide Appointment

Initial Appointment, South Carolina Public Service Authority, with term to commence May 19, 1998, and to expire May 19, 2005:
At-Large - Co-op Exper.:
Mr. Lewis L. Harrison, Post Office Box 226, Roebuck, S.C. 29376 VICE Robert D. Bennett

Referred to the Committee on Judiciary.

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

March 3, 1998
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointment

Initial Appointment, Aiken County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable Donna H. Williamson, 13 Hollow Creek Circle, Salley, S.C. 29137 VICE Olin T. Corbett (retired)

Received as information.

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 2203
Promulgated by Department of Labor, Licensing and Regulation-Board of Dentistry
Continuing Education
Received by Lt. Governor August 26, 1997
Referred to Senate Committee on Medical Affairs
120 day revised review expiration date May 14, 1998
Withdrawn and resubmitted February 26, 1998

Doctor of the Day

Senator McGILL introduced Dr. Conyers O'Bryan of Florence, S.C., Doctor of the Day.

Leave of Absence

At 12:05 P.M., Senator GIESE requested a leave of absence for March 19, 20, 26 and 27, 1998.

Leave of Absence

At 12:20 P.M., Senator THOMAS requested a leave of absence for Wednesday, March 11, 1998, until 11:00 A.M., Thursday, March 12, 1998.

ACTING PRESIDENT PRESIDES

Senator GLOVER assumed the Chair at 12:12 P.M.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1079 -- Senator Short: A BILL TO AMEND CHAPTER 71, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-130, SO AS TO REQUIRE INSURANCE POLICIES WHICH PROVIDE COVERAGE FOR MASTECTOMY SURGERY TO
PROVIDE COVERAGE FOR RECONSTRUCTIVE SURGERY OF THE BREAST.

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

S. 1080 -- Senator Cork: A BILL TO AMEND SECTION 12-37-2680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VEHICLE ASSESSMENTS, SO AS TO PROVIDE THAT, IF A TAXPAYER APPEALS THE RATE OF ASSESSMENT ON A VEHICLE BECAUSE OF HIGH MILEAGE AND THE RATE OF ASSESSMENT IS REDUCED, NO ADDITIONAL FILING IS NECESSARY FOR AS LONG AS THE TAXPAYER OWNS THE VEHICLE.
Read the first time and referred to the Committee on Finance.

S. 1081 -- Senators Wilson, Thomas, Giese, Courson, Grooms, Ryberg, Branton and Mescher: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT A BOAT, BOAT MOTOR, OR PRIVATE PASSENGER MOTOR VEHICLE OWNED BY AN INDIVIDUAL SIXTY-FIVE YEARS OF AGE OR OLDER WHO HAS PAID PROPERTY TAXES ON SUCH AN ITEM OF PERSONAL PROPERTY FOR AT LEAST THE FIVE PRECEDING PROPERTY TAX YEARS AND TO EXEMPT THE OWNER-OCCUPIED PROPERTY OWNED BY AN INDIVIDUAL SIXTY-FIVE YEARS OF AGE OR OLDER WHO HAS PAID PROPERTY TAXES ON AN OWNER-OCCUPIED RESIDENCE FOR AT LEAST THE FIVE PRECEDING PROPERTY TAX YEARS.
Read the first time and referred to the Committee on Finance.

S. 1082 -- Senator Peeler: A BILL TO AMEND SECTION 50-3-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPERVISION OF ENFORCEMENT OFFICERS, SO AS TO DELETE A PROVISION PERTAINING TO CONTRACTING WITH AND DISMISSAL OF ENFORCEMENT OFFICERS; AND TO AMEND SECTION 50-3-310, AS AMENDED, RELATING TO THE APPOINTMENT OF ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION, SO AS TO PROVIDE THAT AN ENFORCEMENT OFFICER MAY BE REMOVED BY THE DIRECTOR AT HIS DISCRETION.
Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 1083 -- Senators Saleeby and Land: A BILL TO AMEND SECTION 15-78-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF ACTIONS UNDER THE TORT CLAIMS ACT, SO AS TO PROVIDE THAT THE ADMINISTRATIVE LAW JUDGE DIVISION SHALL HAVE EXCLUSIVE JURISDICTION FOR CLAIMS ACCRUING AFTER JULY 1, 1998; AND TO AMEND SECTION 15-78-30, RELATING TO DEFINITIONS UNDER THE TORT CLAIMS ACT, SO AS TO PROVIDE THAT THE ADMINISTRATIVE LAW JUDGE DIVISION SHALL HAVE EXCLUSIVE JURISDICTION FOR CLAIMS ARISING UNDER THE SOUTH CAROLINA TORT CLAIMS ACT.
Read the first time and referred to the Committee on Judiciary.

S. 1084 -- Senator Land: A BILL TO AMEND SECTION 56-1-2070(B)(2)(b) OF THE 1976 CODE, RELATING TO THE COMMERCIAL MOTOR VEHICLE LICENSES, BY ADOPTING FEDERAL EXEMPTIONS ALLOWING FOR THE TRANSPORTATION OF CERTAIN HAZARDOUS WASTE MATERIALS WHICH POSE NO SUBSTANTIAL THREAT TO PUBLIC HEALTH AND SAFETY WHEN USED IN NORMAL FARMING OPERATIONS.
Read the first time and referred to the Committee on Transportation.

S. 1085 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO NONGAME AND ENDANGERED SPECIES: RED-COCKADED WOODPECKERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2251, 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. 1086 -- Senator Ford: A CONCURRENT RESOLUTION TO ENCOURAGE LOCAL CHAMBERS OF COMMERCE, BUSINESS LEADERS, AND RETIRED PERSONS THROUGHOUT SOUTH CAROLINA TO VOLUNTEER IN ASSISTING IN THE EDUCATION OF UNDERPRIVILEGED AND RURAL YOUTH OF OUR GREAT STATE.
Introduced and referred to the Committee on Education.

S. 1087 -- Senators Lander and Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 18, 1998, AS "DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR PEOPLE WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO RECOGNIZE THE REPRESENTATIVES OF THE EASTER SEAL SOCIETY BEFORE THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON WEDNESDAY, MARCH 18, 1998.
Introduced and referred to the Committee on Invitations.

S. 1088 -- Senator McGill: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF REVEREND MARK POTTER OF LAKE CITY AND EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered sent to the House.

S. 1089 -- Senator McGill: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF DR. I.W. CANUPP OF LAKE CITY AND EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered sent to the House.

S. 1090 -- Senator Moore: A SENATE RESOLUTION EXPRESSING SORROW AT THE DEATH OF LON COURTNEY, SR., OF JOHNSTON, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
The Senate Resolution was adopted.

S. 1091 -- Senator Moore: A SENATE RESOLUTION EXPRESSING SORROW AT THE DEATH OF WILLIAM A. (BILLY) REEL, MAYOR OF EDGEFIELD, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
The Senate Resolution was adopted.

S. 1092 -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE DEEP SYMPATHY OF THE SOUTH CAROLINA SENATE TO THE FAMILY AND FRIENDS OF D. T. ATKINSON, SR., OF NORTH AUGUSTA AT HIS DEATH ON FEBRUARY 3, 1998.
The Senate Resolution was adopted.

S. 1093 -- Senator Moore: A SENATE RESOLUTION EXPRESSING SORROW AT THE DEATH OF JOANNE TISDALE RAINSFORD OF EDGEFIELD AND EXTENDING SYMPATHY TO HER FAMILY AND FRIENDS.
The Senate Resolution was adopted.

H. 3013 -- Reps. Kirsh, Meacham, Lloyd and Beck: A BILL TO AMEND SECTION 40-13-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL RENEWAL OF COSMETOLOGISTS LICENSES AND THE REQUIREMENT THAT APPLICANTS COMPLETE CERTAIN CONTINUING EDUCATION, SO AS TO EXEMPT A PERSON WHO HAS HELD A LICENSE FOR AT LEAST FIFTEEN CONSECUTIVE YEARS AND IS SIXTY YEARS OF AGE OR OLDER FROM TAKING THE CONTINUING EDUCATION COURSES.
Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 3784 -- Reps. Haskins, Jordan, Neal, H. Brown, Allison, Altman, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Bowers, G. Brown, Byrd, Cato, Cave, Clyburn, Cobb-Hunter, Cooper, Davenport, Edge, Fleming, Hamilton, J. Hines, M. Hines, Hodges, Howard, Jennings, Kelley, Knotts, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Mack, Maddox, McCraw, McKay, Meacham, Miller, Parks, Phillips, Pinckney, Quinn, Rice, Riser, Robinson, Sandifer, Scott, Sharpe, Simrill, F. Smith, R. Smith, Townsend, Tripp, Trotter, Vaughn, Webb, Whatley, Whipper, Woodrum, Young, Govan, Campsen and Harrell: A BILL TO AMEND CHAPTER 45, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING AND REGULATION OF PHYSICAL THERAPISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF PHYSICAL THERAPISTS INCLUDING, BUT NOT LIMITED TO, DELETING THE REQUIREMENT FOR TREATMENT BY PRESCRIPTION OF A PHYSICIAN OR DENTIST, CLARIFYING THE SCOPE OF PRACTICE, PROHIBITING, RECEIVING, OR IN ANY WAY PARTICIPATING IN REFUNDING FEES FOR PATIENT REFERRALS, REVISING REQUIREMENTS FOR LICENSEES NOT GRADUATING FROM AN APPROVED SCHOOL, ESTABLISHING PROVISIONAL LICENSES AND BIENNIAL LICENSURE, REQUIRING CONTINUING EDUCATION FOR RENEWAL, PROVIDING A CIVIL PENALTY, AND INCREASING CRIMINAL PENALTIES.
Read the first time and referred to the Committee on Medical Affairs.

H. 3842 -- Reps. Wilkins, J. Smith, McMaster, Beck, Hawkins, Delleney, Cromer, Davenport, Young-Brickell, Keegan, Allison, Fleming, Barfield, Jennings, Kelley, Loftis, Hamilton, Sharpe, Limbaugh, Mason, Sandifer, Meacham, McCraw, Hinson, Harrison, Knotts, Harrell, Simrill, Haskins, Cooper, Cato, Walker, Woodrum, Rodgers, Easterday, Klauber, Chellis, Mullen, Littlejohn, Stuart, Whatley, Trotter, Barrett, Hodges, Riser, Leach, Rice, Robinson, McLeod and Campsen: A BILL TO AMEND TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES BY ADDING CHAPTER 2, SO AS TO PROVIDE ADVISORY SENTENCING GUIDELINES; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO THE CATEGORIZATION OF FELONIES AND MISDEMEANORS, SO AS TO REVISE THE EXEMPT CATEGORY OF CRIMES; TO AMEND SECTION 16-1-20, AS AMENDED, RELATING TO PENALTIES FOR THE VARIOUS CLASSES OF CRIMES, SO AS TO REVISE THE SET OF CRIMES THE MINIMUM TERM OF IMPRISONMENT APPLIES TO; TO AMEND SECTION 16-1-30, AS AMENDED, RELATING TO THE CLASSIFICATION OF OFFENSES, SO AS TO PROVIDE THAT ALL OFFENSES ARE AUTOMATICALLY CLASSIFIED; TO AMEND SECTION 16-3-654, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 16-3-655, RELATING TO CRIMINAL SEXUAL CONDUCT WITH MINORS, SO AS TO PROVIDE PENALTY PROVISIONS AND MAKE TECHNICAL CHANGES; TO AMEND SECTION 16-3-1075, RELATING TO FELONY CARJACKING, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 16-11-110, AS AMENDED, RELATING TO ARSON, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 16-15-140, AS AMENDED, RELATING TO COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT UPON A CHILD, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO CONFINEMENT OF PRISONERS, AND WORK RELEASE PROGRAM ELIGIBILITY, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-125, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK RELEASE, SO AS TO SUBSTITUTE CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSES" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-150, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION, SO AS TO SUBSTITUTE CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE", AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO ELIGIBILITY FOR AND FORFEITURE OF GOOD CONDUCT CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME ANY PRISONER CAN EARN OFF HIS SENTENCE FOR GOOD BEHAVIOR TO THREE DAYS A MONTH, AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO ELIGIBILITY FOR EDUCATION CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME ANY PRISONER CAN EARN OFF HIS SENTENCE FOR PARTICIPATING IN AN EDUCATION PROGRAM TO SIX DAYS A MONTH, AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-430, RELATING TO RIOTING OR INCITING TO RIOT, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 24-13-650, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED THE CRIME, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTIONS 24-13-710 AND 24-13-720, BOTH AS AMENDED, RELATING TO THE SUPERVISED FURLOUGH PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-1310, AS AMENDED, RELATING TO THE SHOCK INCARCERATION PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-21-30, AS AMENDED, RELATING TO PAROLE, SO AS TO ELIMINATE PAROLE FOR ANY CRIME AND TO PROVIDE THAT CERTAIN OFFENDERS MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM; TO AMEND SECTION 24-21-560, RELATING TO PRISONERS WHO MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM OPERATED BY THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES BEFORE THEIR RELEASE FROM THE CRIMINAL JUSTICE SYSTEM, SO AS TO PROVIDE THAT A PERSON SENTENCED TO A TERM OF IMPRISONMENT OF TWENTY YEARS OR MORE MUST COMPLETE NOT MORE THAN TWO YEARS OF COMMUNITY SUPERVISION AS A PART OF HIS SENTENCE, AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 56-5-2940, RELATING TO PENALTIES FOR VIOLATING THE DRIVING UNDER THE INFLUENCE PROVISIONS, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 56-5-2945, AS AMENDED, RELATING TO CAUSING GREAT BODILY INJURY OR DEATH BY OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, SO AS TO REVISE THE PENALTY; TO REPEAL SECTIONS 2-13-66, 16-1-90, 16-1-100, AND 16-1-110, RELATING TO THE CLASSIFICATION OF FELONIES AND MISDEMEANORS; TO REPEAL SECTION 24-13-100, RELATING TO THE DEFINITION OF "NO PAROLE OFFENSE", AND TO PROVIDE A SEVERABILITY CLAUSE, AND THAT ALL PROCEEDINGS PENDING AT THE TIME THIS ACT TAKES EFFECT ARE SAVED AND THAT THE PROVISIONS OF THIS ACT APPLY PROSPECTIVELY.
Read the first time and referred to the Committee on Judiciary.

H. 4039 -- Rep. Sharpe: A BILL TO AMEND SECTION 49-29-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCENIC RIVERS TRUST FUND, SO AS TO EXTEND THE AUTHORIZED USE OF THESE TRUST FUNDS TO EDUCATIONAL OR PLANNING PROJECTS ASSOCIATED WITH THE ADMINISTRATION AND MANAGEMENT OF THE STATE SCENIC RIVERS PROGRAM.
Read the first time and referred to the Committee on Agriculture and Natural Resources.

H. 4381 -- Reps. Cobb-Hunter, Canty, Moody-Lawrence and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-1-205 SO AS TO REQUIRE AN AGENCY RECEIVING FUNDS FROM THE DEPARTMENT OF SOCIAL SERVICES FOR THE TREATMENT OF PERPETRATORS OF DOMESTIC VIOLENCE TO COMPLY WITH PROGRAM STANDARDS CONTAINED IN THE DEPARTMENT'S ANNUAL BATTERED SPOUSE STATE PLAN.
Read the first time and referred to the General Committee.

H. 4449 -- Reps. Cooper, Townsend, Martin, Jordan, Maddox and Stille: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
Read the first time and placed on the local and uncontested Calendar.

H. 4449--Ordered to a Second and Third Reading

On motion of Senator WALDREP, H. 4449 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 4486 -- Reps. Jennings, Inabinett, Kirsh, Meacham, H. Brown, Spearman, Moody-Lawrence, Neilson, J. Hines, Cobb-Hunter, Seithel, Bailey, Battle, D. Smith, Tripp, Harrison, Rodgers, Leach, Scott, Gamble, Govan, McCraw, Riser, Stille, Stuart, Young-Brickell, Vaughn, Keegan, Neal, Kelley, Loftis, Witherspoon, Cato, A. Harris, Wilder, Stoddard, McMaster, Jordan, Martin and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-4-140 SO AS TO PROVIDE THAT A VALID PROTECTION ORDER RELATED TO DOMESTIC OR FAMILY VIOLENCE ISSUED IN ANOTHER STATE IS VALID IN THIS STATE AND MUST BE ENFORCED AS IF IT WERE ISSUED IN THIS STATE; TO PROVIDE THE PREREQUISITES TO AND PROCEDURES FOR ENFORCING SUCH ORDER; TO PROVIDE CIVIL AND CRIMINAL IMMUNITY; AND TO AMEND SECTION 16-25-50 RELATING TO PENALTIES FOR VIOLATION OF AN ORDER OF PROTECTION FROM DOMESTIC VIOLENCE, SO AS TO ALSO APPLY THE PENALTIES TO VIOLATIONS OF ORDERS ISSUED IN ANOTHER STATE.
Read the first time and referred to the Committee on Judiciary.

H. 4507 -- Rep. Davenport: A BILL TO AMEND CHAPTER 11, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF CONTRACTORS AS A PROFESSION, BY ADDING SECTION 40-11-165 SO AS TO REQUIRE A PERSON WHO IS OR HAS BEEN LICENSED UNDER CHAPTER 40 WHO LEAVES SOUTH CAROLINA WITH UNPAID DEBTS AND SUBSEQUENTLY RETURNS TO THE STATE SEEKING TO BECOME LICENSED IN THIS STATE AGAIN OR TO DO BUSINESS AGAIN IN SOUTH CAROLINA UNDER THE AUTHORITY OF A STILL-VALID LICENSE TO FILE A STATEMENT LISTING CERTAIN OUTSTANDING DEBTS AND BANKRUPTCIES.
Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 4569 -- Reps. Cato and Gamble: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-58-67 SO AS TO REQUIRE ANNUAL CONTINUING PROFESSIONAL EDUCATION FOR LICENSED MORTGAGE LOAN BROKERS AND ORIGINATORS; TO AMEND SECTIONS 40-58-10, 40-58-20, 40-58-30, 40-58-50, 40-58-55, 40-58-60, 40-58-65, 40-58-80, AND 40-58-110, ALL AS AMENDED, RELATING TO REGULATION OF MORTGAGE LOAN BROKERS, SO AS TO REQUIRE LICENSING RATHER THAN REGISTRATION OF MORTGAGE LOAN BROKERS, TO REQUIRE TWO YEARS' EXPERIENCE WORKING AS AN ORIGINATOR BEFORE INITIAL LICENSING AND TO PROVIDE EXCEPTIONS, TO DEFINE "ORIGINATOR"; TO ALLOW BROKERS PROPERLY REGISTERED BEFORE OCTOBER 1, 1998, TO CONTINUE TO ACT AS MORTGAGE LOAN BROKERS WITHOUT REGARD TO EXPERIENCE OR EDUCATION REQUIREMENTS ADDED BY THIS ACT, TO AUTHORIZE THE SUSPENSION OF A LICENSE FOR VIOLATIONS, AND TO INCREASE THE INITIAL APPLICATION FEE AND ANNUAL RENEWAL FEE FROM FIVE TO SIX HUNDRED DOLLARS AND IMPOSE A TWENTY-FIVE DOLLAR ADDITIONAL ANNUAL RENEWAL FEE FOR EACH ORIGINATOR.
Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 4594 -- Reps. Rhoad, Bowers, R. Smith, Koon, Limehouse, Bauer, Bailey, Inabinett, Battle, J. Smith, Witherspoon, Sharpe, Davenport, T. Brown, Law, Webb, McAbee, Wilkes, Lloyd, Neal, Knotts, Edge, Miller, Hamilton, Loftis, Riser, Cave, Barfield, Littlejohn, Dantzler, Harvin, Phillips, Maddox, Hinson, Rodgers, Baxley, Leach, Cromer, Jennings and Neilson: A BILL TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT AUTHORIZED TO BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO AUTHORIZE THE USE OF BREAM ON THE EDISTO RIVER ON CERTAIN SET HOOKS.
Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 4686 -- Rep. Stoddard: A BILL TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO CHANGE THE NAME OF WOODVILLE PRECINCT TO GREENPOND PRECINCT AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
Read the first time and placed on the local and uncontested Calendar.

H. 4711 -- Reps. Hawkins and Lee: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF ESSIE LOUVENIA CUNNINGHAM OF SPARTANBURG AND EXTENDING SYMPATHY TO HER FAMILY AND FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4712 -- Reps. J. Brown, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO CONGRATULATE MR. E. PERRY PALMER FOR HIS DISTINGUISHED PUBLIC SERVICE TO THE STATE OF SOUTH CAROLINA ON THE OCCASION OF RECEIVING THE "HUMANITARIAN OF THE YEAR" AWARD ON JANUARY 14, 1998.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4713 -- Reps. Byrd, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS SORROW AT THE DEATH OF DR. AUGUSTA BAKER ALEXANDER OF COLUMBIA AND TO EXTEND SYMPATHY TO HER FAMILY AND FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4730 -- Rep. G. Brown: A CONCURRENT RESOLUTION CONGRATULATING JOHN FRANKLIN, JR., OF LEE COUNTY ON HIS EIGHTY-FIRST BIRTHDAY, AND EXTENDING HIM BEST WISHES FOR MANY HAPPY RETURNS OF THE DAY.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4731 -- Rep. Wilkins: A CONCURRENT RESOLUTION TO EXTEND A WARM WELCOME AND OUR BEST WISHES FOR A SUCCESSFUL VISIT TO OUR FRIENDS FROM FRANCE PARTICIPATING IN THE STUDENT EXCHANGE PROGRAM WITH J. L. MANN HIGH SCHOOL.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4732 -- Rep. Battle: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING THE REVEREND C. R. JOHNSON OF MARION COUNTY AND THE CONGREGATION OF THE FIRST FRIENDSHIP BAPTIST CHURCH FOR THEIR OUTSTANDING OUTREACH PROGRAM AND THE MANY CONTRIBUTIONS THEY HAVE MADE TO THE QUALITY OF LIFE OF THE RESIDENTS OF NICHOLS, SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4733 -- Rep. Battle: A CONCURRENT RESOLUTION CONGRATULATING HAL HUNT JONES OF GREENVILLE COUNTY ON BEING CHOSEN TO RECEIVE THE 1998 FOOD INDUSTRY ASSOCIATION OF SOUTH CAROLINA LIFETIME ACHIEVEMENT AWARD.
The Concurrent Resolution was adopted, ordered returned to the House.

PRESIDENT PRESIDES

The PRESIDENT assumed the Chair at 12:23 P.M.

REPORTS OF STANDING COMMITTEES

Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:
S. 1003 -- Senator Peeler: A BILL TO AMEND ARTICLE 5, CHAPTER 9, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING AND FISHING LICENSES, BY ADDING SECTION 50-9-535 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT, TAKE, OR POSSESS MIGRATORY GAME BIRDS WITHOUT FIRST OBTAINING A MIGRATORY GAME BIRD PERMIT AT NO COST FROM THE DEPARTMENT OF NATURAL RESOURCES.
Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Banking and Insurance has polled out S. 1009 with no report:
S. 1009 -- Senators McConnell and Passailaigue: A CONCURRENT RESOLUTION TO MEMORIALIZE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION AND THE UNITED STATES CONGRESS TO REJECT ANY LEGISLATION THAT WOULD EXEMPT HEALTH PLANS SPONSORED BY ASSOCIATIONS AND MULTIPLE EMPLOYER WELFARE ARRANGEMENTS FROM STATE INSURANCE STANDARDS AND OVERSIGHT.

Poll of the Banking and Insurance Committee
Ayes 12; Nays 0; Not Voting 6

AYES

Saleeby                   McConnell                 Matthews
Thomas                    Patterson                 Passailaigue
Washington                Reese                     Hayes
Ford                      Jackson                   Martin

TOTAL--12

NAYS

TOTAL--0
NOT VOTING

Leatherman                Seztler                   Courson
Courtney                  Russell                   Rankin

TOTAL--6

Ordered for consideration tomorrow.

Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
S. 958 -- Senators Drummond, Land, Moore, McConnell, Courson, Bryan, Martin, Passailaigue and Giese: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 16 PROVIDING FOR RETIREMENT SYSTEM FUNDS, INCLUDING DEFINITIONS, FIDUCIARY DUTIES, INVESTMENT PLANS AND RESPONSIBILITIES, AND ESTABLISHING THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL AND PROVIDING FOR ITS MEMBERSHIP, POWERS, AND DUTIES; TO AMEND SECTIONS 9-1-1310, 9-8-160, 9-9-150, AND 9-11-240, RELATING TO THE DESIGNATION OF THE STATE BUDGET AND CONTROL BOARD AS THE TRUSTEE OF THE FUNDS OF THE SOUTH CAROLINA SYSTEM, RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND THE INVESTMENTS ALLOWED AND SAFEGUARDS IMPOSED WITH RESPECT TO THE INVESTMENT OF THE FUNDS OF THE VARIOUS SYSTEMS, SO AS TO AUTHORIZE THE INVESTMENT OF RETIREMENT SYSTEM FUNDS IN EQUITY SECURITIES; AND TO AMEND SECTIONS 30-4-40 AND 30-4-70, BOTH AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE AND MEETINGS WHICH MAY BE CLOSED FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT RECORDS RELATING TO INVESTMENTS OR OTHER FINANCIAL MATTERS OF THE STATE RETIREMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES AND ALLOW THE STATE BUDGET AND CONTROL BOARD TO MEET IN EXECUTIVE SESSION AS TRUSTEE OF THE RETIREMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES.
Ordered for consideration tomorrow.

S. 461--FREE CONFERENCE POWERS GRANTED
FREE CONFERENCE COMMITTEE APPOINTED
REPORT OF THE COMMITTEE
OF FREE CONFERENCE ADOPTED

S. 461 -- Senators Mescher and Rose: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR BERKELEY COUNTY, ABOLISH THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF BERKELEY COUNTY, AND DEVOLVE THEIR POWERS AND DUTIES UPON THE CREATED COMMISSION.

On motion of Senator MESCHER, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator MESCHER spoke on the report.

S. 461 -- Free Conference Powers Granted
Free Conference Commitee Appointed

On motion of Senator MESCHER, with unanimous consent, Free Conference Powers were granted.
Whereupon, the PRESIDENT appointed Senators MESCHER, BRANTON and GROOMS to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator MESCHER, the Report of the Committee of Free Conference to S. 461 was adopted as follows:

S. 461--Free Conference Report
The General Assembly, Columbia, S.C., February 19, 1998

The FREE COMMITTEE OF CONFERENCE, to whom was referred:
S. 461 -- Senators Mescher and Rose: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR BERKELEY COUNTY, ABOLISH THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF BERKELEY COUNTY, AND DEVOLVE THEIR POWERS AND DUTIES UPON THE CREATED COMMISSION.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION   1.   Notwithstanding any other provision of law:
(A)   Effective March 15, 1998, there is established the Board of Elections and Voter Registration of Berkeley County to be composed of nine members appointed by the Governor upon the recommendation of a majority of the senators representing the county and a majority of the members of the House of Representatives representing the county.
The term of office for the members of the board is two years commencing on the fifteenth day of March in each even-numbered year. In case of a vacancy from any cause on the board, the vacancy must be filled in the same manner of original appointment, as provided in this section, for the unexpired term. The members of the board by majority vote shall elect the board's chairman, and the chairman shall serve a term of two years and may be reelected to that office for any number of successive terms without limitation. The board may choose to elect a vice chair, a secretary, and other officers as the board deems appropriate. The board shall employ a director, determine his or her compensation, and determine the number and compensation of other staff positions. These salaries must be consistent with the compensation schedules established by the county for similar positions. The director is responsible for hiring and management of the staff positions established by the board that report to the director. Staff positions are subject to the personnel system policies and procedures by which all county employees are regulated, except that the director shall serve at the pleasure of the board.
(B)   The Governor shall notify the State Election Commission in writing of the appointments made under subsection (A) of this section.
(C)   The Board of Elections and Voter Registration of Berkeley County shall notify the State Election Commission in writing of the name of the person elected as chairman of the board under subsection (A) of this section.
(D)   A member who misses three consecutive meetings of the board is considered to have resigned his office and a vacancy therein shall exist which must be filled in the manner provided in subsection (A) of this section.
(E)   Except as otherwise specifically provided in subsections (A), (B), (C), and (D) of this section, the provisions of law contained in Title 7 of the 1976 Code of Laws relating to county boards of voter registration and county election commissions apply to the Board of Elections and Voter Registration of Berkeley County, mutatis mutandis.
SECTION   2.   (A)   The Berkeley County Board of Voter Registration is abolished effective March 15, 1998, and its functions, duties, and powers are devolved upon the Board of Elections and Voter Registration of Berkeley County as established under Section 1 of this act.
(B)   The Berkeley County Election Commission is abolished effective March 15, 1998, and its functions, duties, and powers are devolved upon the Board of Elections and Voter Registration of Berkeley County as established under Section 1 of this act.
SECTION   3.   (A)   The terms of the members of the Berkeley County Board of Voter Registration, regardless of when these members were appointed to office or when their current terms would otherwise have expired, expire for all purposes upon the abolishment of that board as provided under subsection (A) of Section 2 of this act.
(B)   The terms of the members of the Berkeley County Election Commission, regardless of when these members were appointed to office or when their current terms would otherwise have expired, expire for all purposes upon abolishment of that commission as provided under subsection (B) of Section 2 of this act.
(C)   Notwithstanding subsections (A) and (B) of this section or any other provision of this act, no person serving as a member of the Berkeley County Board of Voter Registration or the Berkeley County Election Commission shall be removed from office, nor shall that board and that commission be abolished, until this act has been given final approval by the United States Department of Justice.
SECTION   4.   Except as otherwise specifically provided in this act, this act takes effect upon approval by the Governor./
Amend title to conform.

/s/Senator William C. Mescher     /s/Rep. Thomas M. Dantzler
/s/Senator Bill Branton           /s/Rep. James N. Law
/s/Senator Larry Grooms           /s/Rep. Shirley R. Hinson
On part of the Senate.            On part of the House.

, and a message was sent to the House accordingly.

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

THIRD READING BILLS

The following Bill and Joint Resolutions were read the third time and ordered sent to the House of Representatives:

S. 1072 -- Senators Patterson, Giese, Courson and Jackson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF DECEMBER 16, 1997, MISSED BY THE STUDENTS OF OLYMPIA SCHOOL OF RICHLAND COUNTY SCHOOL DISTRICT ONE WHEN THE SCHOOL WAS CLOSED DUE TO A FIRE AND EXPLOSION AT LINDAU CHEMICAL COMPANY IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(By prior motion of Senator PATTERSON)

S. 1073 -- Senators Patterson, Giese, Courson and Jackson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF OCTOBER 29, 1997, MISSED BY THE STUDENTS OF WEBBER SCHOOL OF RICHLAND COUNTY SCHOOL DISTRICT ONE WHEN THE SCHOOL WAS CLOSED DUE TO A RUPTURED SEWER LINE AND THE ABSENCE OF RUNNING WATER IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(By prior motion of Senator PATTERSON)

S. 847 -- Senators Passailaigue, Washington and Branton: A BILL TO AMEND SECTION 61-4-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL RETAIL BEER AND WINE PERMITS, SO AS TO PROVIDE THAT THE FEES COLLECTED MAY BE USED FOR AFFORDABLE HOUSING INITIATIVES; AND TO AMEND SECTION 61-6-2010 OF THE 1976 CODE, RELATING TO TEMPORARY PERMITS FOR SUNDAY LIQUOR SALES, SO AS TO PROVIDE THAT THE FEES COLLECTED MAY BE USED FOR AFFORDABLE HOUSING INITIATIVES.

SECOND READING BILL
WITH NOTICE OF GENERAL AMENDMENTS

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

S. 986 -- Senators Holland and Martin: A BILL TO AMEND SECTION 7-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF REGISTRATION, SO AS TO PROVIDE THAT SUCH STAFF DESIGNATED BY THE BOARD MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM, AND TO FURTHER PROVIDE THAT UPON INITIAL CERTIFICATION, EACH BOARD MEMBER AND DESIGNATED STAFF MUST TAKE AT LEAST ONE TRAINING COURSE EACH YEAR; TO AMEND SECTION 7-5-35, RELATING TO PROVISIONS FOR INCLUSION OF MAJORITY AND MINORITY PARTY REPRESENTATIVES APPLICABLE TO CERTAIN ELECTION AND REGISTRATION COMMISSIONS AS CONSTITUTED FOR PRIMARY ELECTIONS AND PROTESTS, SO AS TO PROVIDE THAT SUCH STAFF DESIGNATED BY THE COMMISSION MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM, AND TO FURTHER PROVIDE THAT UPON INITIAL CERTIFICATION, EACH COMMISSION MEMBER AND DESIGNATED STAFF MUST TAKE AT LEAST ONE TRAINING COURSE EACH YEAR; AND TO AMEND SECTION 7-13-70, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION, SO AS TO PROVIDE THAT SUCH STAFF DESIGNATED BY THE COMMISSION MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM, AND TO FURTHER PROVIDE THAT UPON INITIAL CERTIFICATION, EACH COMMISSION MEMBER AND DESIGNATED STAFF MUST TAKE AT LEAST ONE TRAINING COURSE EACH YEAR.
Senator COURTNEY explained the Bill.

SECOND READING BILLS

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

H. 4400 -- Rep. D. Smith: A BILL TO AMEND ACT 321 OF 1969, RELATING TO THE CREATION OF THE DRAYTON FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT THE BOARD OF FIRE CONTROL MAY BORROW FROM TWENTY THOUSAND DOLLARS TO FIVE HUNDRED THOUSAND DOLLARS.

H. 4400--Ordered to a Third Reading

On motion of Senator COURTNEY, H. 4400 was ordered to receive a third reading on Wednesday, March 4, 1998.

S. 942 -- Senator Alexander: A BILL TO AMEND SECTION 41-16-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF REGULATIONS CONCERNING THE SOUTH CAROLINA ELEVATOR CODE, SO AS TO CONFORM STATE LAW TO COMPLY WITH THE CURRENT NATIONAL SAFETY CODES.

H. 4656 -- Reps. Breeland, Seithel, Chellis, Harrell, Campsen, Altman, Whipper, Limehouse, Dantzler, Inabinett, Whatley and Mack: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

Senator PASSAILAIGUE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.

H. 4656--Ordered to a Third Reading

On motion of Senator PASSAILAIGUE, H. 4656 was ordered to receive a third reading on Wednesday, March 4, 1998.

AMENDED, READ THE SECOND TIME

S. 979 -- Senators Martin and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1072, SO AS TO PROVIDE THAT ANY PHYSICIAN, NURSE, OR ANY OTHER MEDICAL OR EMERGENCY MEDICAL SERVICES PERSONNEL AND ANY EMPLOYEE OF A HOSPITAL, CLINIC, OR NURSING HOME WHO KNOWINGLY TREATS ANY PERSON SUFFERING FROM A GUNSHOT WOUND OR ANY OTHER WOUND INDICATING VIOLENCE OR RECEIVES A REQUEST FOR SUCH TREATMENT SHALL REPORT WITHIN A REASONABLE TIME THE EXISTENCE OF A GUNSHOT WOUND OR ANY OTHER WOUND INDICATING VIOLENCE TO THE SHERIFF'S DEPARTMENT OF THE COUNTY IN WHICH THE TREATMENT IS ADMINISTERED OR A REQUEST IS RECEIVED.

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

The Committee on Judiciary proposed the following amendment (JUD0979.001), 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 16-3-1072.   (A)   Any physician, nurse, or any other medical or emergency medical services personnel and any employee of a hospital, clinic, or other health care facility or provider who knowingly treats any person suffering from a gunshot wound or who receives a request for such treatment shall report within a reasonable time the existence of the gunshot wound to the sheriff's department of the county in which the treatment is administered or a request is received. However, no report is necessary if a law enforcement officer is present with the victim while treatment is being administered.
(B)   The reports provided for in subsection (A) may be made orally or otherwise. A hospital, clinic, or other health care facility or provider may designate an individual to make the reports provided for in this section. However, a report must be made as soon as possible, but no later than the time of the victim's release from that facility.
(C)   A person required to make a report pursuant to this section or who participates in judicial proceedings resulting from the report, acting in good faith, is immune from civil and criminal liability which might otherwise result by reason of these actions. In all such civil and criminal proceedings good faith is rebuttably presumed.
(D)   The privileged quality of communication between physician and patient and any other professional person and his patient or client is abrogated and does not constitute grounds for failure to report or the exclusion of evidence resulting from a report made pursuant to this section.
(E)   A person required to report the existence of a gunshot wound who knowingly fails to do so is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both."
SECTION   2.   This act takes effect upon approval by the Governor./
Amend title to conform.

Senator COURTNEY explained the committee amendment.

The amendment was adopted.

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

AMENDED, READ THE SECOND TIME

S. 1007 -- Senators Holland, McConnell and Giese: A BILL TO ENACT THE DRUG-INDUCED CRIME PREVENTION AND PUNISHMENT ACT OF 1998, BY AMENDING SECTION 44-53-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRUGS, SO AS TO CREATE THE OFFENSE OF DISTRIBUTING A CONTROLLED SUBSTANCE TO AN INDIVIDUAL WITH THE INTENT TO COMMIT A CRIME AGAINST THAT INDIVIDUAL AND ESTABLISH APPROPRIATE PENALTIES, AND ALSO TO CREATE THE OFFENSE OF TRAFFICKING IN FLUNITRAZEPAM AND ESTABLISH APPROPRIATE PENALTIES; BY AMENDING SECTION 16-1-90, AS AMENDED, RELATING TO THE CLASSIFICATION OF CRIMES, SO AS TO CLASSIFY THIS OFFENSE AS A FELONY; AND BY AMENDING SECTION 16-3-652, RELATING TO CRIMINAL SEXUAL CONDUCT, SO AS TO PROVIDE THAT, IF ONE PERSON CAUSES ANOTHER PERSON TO BECOME MENTALLY INCAPACITATED OR PHYSICALLY HELPLESS BY ADMINISTERING A CONTROLLED SUBSTANCE, THAT PERSON IS GUILTY OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.

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

The Committee on Judiciary proposed the following amendment (JUD1007.003), which was adopted:
Amend the bill, as and if amended, page 1, line 39, in Section 44-53-370(f), as contained in SECTION 1, by inserting after the word /substance/ the following: /or gamma hydroxy butyrate/.
Amend the bill further, as and if amended, page 2, line 37, in Section 44-53-370(g)(2), as contained in SECTION 1, by inserting after the word /substance/ the following: / or gamma hydroxy butyrate/.
Amend the bill further, as and if amended, page 16, line 15, in Section 16-3-652(1)(c), as contained in SECTION 4, by inserting after the word /substance/ the following: /or gamma hydroxy butyrate/.
Amend the bill further, as and if amended, page 16, beginning on line 19, by adding an appropriately numbered SECTION to read:
/SECTION   _____.   Section 44-53-370(b)(2) and (3) of the 1976 Code are amended to read:
"(2)   any other controlled substance classified in Schedule I, II, or III, or flunitrazepam is guilty of a felony and, upon conviction, for a first offense must be imprisoned not more than five years or fined not more than five thousand dollars, or both. For a second offense, or if, in the case of a first conviction of violation of any provision of this subsection, the offender previously has been convicted of a violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not more than ten thousand dollars, or both. For a third or subsequent offense, or if the offender previously has been convicted two or more times in the aggregate of a violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender is guilty of a felony and, upon conviction, must be imprisoned not less than five years nor more than twenty years, or fined not more than twenty thousand dollars, or both. Except in the case of conviction for a first offense, the sentence must not be suspended and probation must not be granted;
(3)   a substance classified in Schedule IV except for flunitrazepam is guilty of a misdemeanor and, upon conviction, for a first offense must be imprisoned not more than three years or fined not more than three thousand dollars, or both. In the case of second or subsequent offenses, the person is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than six thousand dollars, or both;"/
Renumber sections to conform.
Amend title to conform.

Senator COURTNEY explained the committee amendment.

The amendment was adopted.

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

ADOPTED

S. 1065 -- Senators McConnell, Branton, Ravenel, Mescher, Ford, Grooms and Passailaigue: A CONCURRENT RESOLUTION TO APPROVE THE CHARLESTON MUSEUM AS THE SITE FOR PERMANENT DISPLAY AND EXHIBITION OF THE H.L. HUNLEY.
The Concurrent Resolution was adopted, ordered sent to the House.

CARRIED OVER

The following Concurrent Resolution was carried over:

S. 980 -- Senators Ford, McConnell, Glover, Patterson, Ravenel, J. Verne Smith, Anderson and Hutto: A CONCURRENT RESOLUTION TO CAUSE THE BLACK LIBERATION FLAG TO BE FLOWN FROM THE FLAGPOLE ATOP THE STATE HOUSE AND INSIDE THE CHAMBERS OF BOTH HOUSES OF THE GENERAL ASSEMBLY DURING THE PERIOD OF JANUARY 15-24, THE MONTH OF FEBRUARY, AND ON JUNE 19, "JUNETEENTH", AND DURING "KWANZAA", DECEMBER 26 THROUGH JANUARY 1, AS OFFICIAL RECOGNITION OF THE STRUGGLE FOR LIBERATION AND SUBSTANTIAL CONTRIBUTIONS OF CERTAIN CITIZENS, IN KEEPING WITH THE LEGISLATIVE POLICY OF HONORING SUCH CONTRIBUTIONS THROUGH THE DISPLAY OF FLAGS.
On motion of Senator HOLLAND, the Concurrent Resolution was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION TABLED

S. 306 -- Senators Hayes, Alexander, Courson, Drummond, Fair, Giese, Gregory, Jackson, Lander, Leatherman, Martin, McGill, Mescher, O'Dell, Passailaigue, Peeler, Rose, Russell, Ryberg, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-287 BY ENACTING THE OMNIBUS HIGHWAY SAFETY ACT SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS AN ALCOHOL CONCENTRATION OF OR IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO PROVIDE TESTING IN INCIDENTS IN WHICH A LAW ENFORCEMENT OFFICER HAS PROBABLE CAUSE TO BELIEVE A DRIVER HAS CONSUMED ALCOHOLIC BEVERAGES OR A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC ONE-YEAR SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY; BY ADDING SECTION 56-5-2951 SO AS TO PROVIDE FOR AN ADMINISTRATIVE DRIVER'S LICENSE AND PERMIT REVOCATION PROCEDURE FOR A PERSON ARRESTED WHILE DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE; BY AMENDING SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF MOTOR VEHICLE LAWS, SO AS TO DEFINE "ALCOHOL" AND "ALCOHOL CONCENTRATION"; BY AMENDING SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF COMMERCIAL DRIVER'S LICENSES, SO AS TO DELETE THE DEFINITION FOR "ALCOHOL" AND "ALCOHOL CONCENTRATION"; BY AMENDING SECTION 56-5-2930, RELATING TO THE UNLAWFUL USE OF NARCOTICS, LIQUOR,
DRUGS, OR SIMILAR SUBSTANCES BY A MOTOR VEHICLE DRIVER, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH A PERSON MAY NOT OPERATE A MOTOR VEHICLE; AND BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS ON A MOTOR VEHICLE OPERATOR, SO AS TO REVISE THE PROCEDURE FOR UTILIZING THE TEST RESULTS, TO DELETE THE DRIVER'S LICENSE AND PERMIT SUSPENSION PROCEDURE, TO REVISE THE DRIVER'S LICENSE SUSPENSION PERIOD FOR A PERSON WHO REFUSES TO TAKE THE TESTS, AND TO MAKE TECHNICAL CHANGES.

On behalf of the Chairmen's Committee, Senator DRUMMOND moved that the Bill be made a Special Order.
Senator HAYES argued contra to the motion.
Senator HAYES moved to table the motion to make the Bill a Special Order.

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

Ayes 25; Nays 18

AYES

Alexander                 Anderson                  Bryan
Courson                   Courtney                  Drummond
Fair                      Giese                     Gregory
Grooms                    Hayes                     Holland
Lander                    Martin                    McGill
Moore                     O'Dell                    Russell
Ryberg                    Setzler                   Short
Smith, J. Verne           Thomas                    Waldrep
Wilson                    

Total--25

NAYS

Branton                   Cork                      Ford
Glover                    Hutto                     Jackson
Land                      Leventis                  Matthews
McConnell                 Mescher                   Passailaigue
Patterson                 Peeler                    Ravenel
Reese                     Saleeby                   Washington

Total--18

The motion to make the Bill a Special Order was laid on the table.

Senator HAYES moved that the Senate stand adjourned.

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

Ayes 21; Nays 22

AYES

Alexander                 Anderson                  Bryan
Courson                   Fair                      Giese
Gregory                   Grooms                    Hayes
Holland                   Lander                    Martin
McGill                    Russell                   Ryberg
Setzler                   Short                     Smith, J. Verne
Thomas                    Waldrep                   Wilson

Total--21

NAYS

Branton                   Cork                      Courtney
Drummond                  Ford                      Glover
Hutto                     Jackson                   Land
Leventis                  Matthews                  McConnell
Mescher                   Moore                     O'Dell
Passailaigue              Patterson                 Peeler
Ravenel                   Reese                     Saleeby
Washington                

Total--22

The Senate refused to adjourn.

Senator MOORE moved that the Senate dispense with the Motion Period.

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

Ayes 22; Nays 21

AYES

Branton                   Bryan                     Cork
Courtney                  Ford                      Glover
Hutto                     Jackson                   Land
Leventis                  Matthews                  McConnell
Mescher                   Moore                     O'Dell
Passailaigue              Patterson                 Peeler
Ravenel                   Reese                     Saleeby
Washington                

Total--22

NAYS

Alexander                 Anderson                  Courson
Drummond                  Fair                      Giese
Gregory                   Grooms                    Hayes
Holland                   Lander                    Martin
McGill                    Russell                   Ryberg
Setzler                   Short                     Smith, J. Verne
Thomas                    Waldrep                   Wilson

Total--21

The Motion Period was closed.

LOCAL APPOINTMENT
Confirmation

Having received a favorable report from the Aiken County Delegation, on motion of Senator SETZLER, the following appointment was confirmed in open session:

Initial Appointment, Aiken County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable Donna H. Williamson, 13 Hollow Creek Circle, Salley, S.C. 29137 VICE Olin T. Corbett (retired)

ADJOURNMENT

At 12:52 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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