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

Wednesday, April 22, 1998
(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 Covenant words before the Hebrew folk entered the Promised Land, Deuteronomy 10 (vv. 12-13):
"And now, Israel, what does the Lord your God require of you, but to fear the Lord your God, to walk in all His ways, to love Him, to serve the Lord your God with all your heart and with all your soul, and to keep the commandments and statutes of the Lord, which I command you this day FOR YOUR GOOD?"
Let us pray.
God of our fathers and Israel's God: keep before us the commanding vision of a social order where the throne of God is the dynamic center and the love of our fellow human-beings the all-pervading principle!
Amen.

RECESS

At 11:14 A.M., on motion of Senator DRUMMOND, the Senate receded from business until 11:30 A.M.
At 11:35 A.M., the Senate resumed.

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

Message from the House

Columbia, S.C., April 15, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 311, H. 4400, by a vote of 6 to 0:
(R311) H. 4400 -- Rep. D. Smith: AN ACT 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.
Very respectfully,
Speaker of the House

VETO OVERRIDDEN

(R311) H. 4400 -- Rep. D. Smith: AN ACT 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.

The veto of the Governor was taken up for immediate consideration.
Senator COURTNEY moved that the veto of the Governor be overridden.

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

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

Ayes 45; Nays 0

AYES

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

Total--45

NAYS

Total--0

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

Leave of Absence

On motion of Senator McCONNELL, at 11:00 A.M., Senator PASSAILAIGUE was granted a leave of absence for today and tomorrow.

RECALLED

S. 851 -- Senators Leventis, Saleeby, Ford, Ravenel, Holland, O'Dell, Reese, McConnell, Cork, Hutto and Short: A BILL TO AMEND SECTION 1-3-10 OF THE 1976 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMEDIATELY FURNISHING INFORMATION ON THE AFFAIRS OR ACTIVITIES OF STATE GOVERNMENT TO THE GOVERNOR, SO AS TO PROVIDE THAT INFORMATION SHALL ALSO BE IMMEDIATELY FURNISHED TO MEMBERS AND COMMITTEES OF THE GENERAL ASSEMBLY, TO DEFINE RESPONSIBLE OFFICIAL, AND TO PROVIDE THAT A RESPONSIBLE OFFICIAL SHALL BE SUSPENDED FOR WILFULLY FAILING TO IMMEDIATELY FURNISH INFORMATION UNDER CERTAIN CONDITIONS AND TO PROVIDE FOR THE METHOD OF TERMINATION OR REMOVAL.

Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.

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

RECALLED AND ADOPTED

H. 4894 -- Reps. Hawkins, Littlejohn, Wilkins, Wilder, Lee, Vaughn, Haskins, Allison, D. Smith, Fleming, Davenport and Lanford: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF REIDVILLE ROAD IN SPARTANBURG COUNTY FROM THE INTERSECTION OF MAIN STREET AND REIDVILLE ROAD IN THE CITY OF SPARTANBURG TO THE INTERSECTION OF INTERSTATE 26 AND REIDVILLE ROAD AS THE "JOHN B. WHITE, SR. BOULEVARD" AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.

Senator COURTNEY asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.

Senator COURTNEY asked unanimous consent to take the Concurrent Resolution up for immediate consideration.
There was no objection.

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

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1210 -- Senator Courtney: A BILL TO AMEND SECTION 15-78-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TORT CLAIMS ACT, SO AS TO INCLUDE AS AN EXCEPTION TO WAIVER OF IMMUNITY ANY LIABILITY CAUSED BY AN INCORRECT DATE PRODUCED, CALCULATED, OR GENERATED BY A STATE OWNED OR OPERATED COMPUTER OR OTHER INFORMATION SYSTEM UNLESS CAUSED BY THE GROSS NEGLIGENCE OF THE OPERATOR.
Senator COURTNEY spoke on the Bill.

On motion of Senator COURTNEY, with unanimous consent, S. 1210 was read the first time and ordered placed on the Calendar without reference.

S. 1211 -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE DEATH OF MR. PAUL KNOX OF NORTH AUGUSTA, AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Senate Resolution was adopted.

H. 4884 -- Rep. Harrison: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYIST'S PRINCIPAL'S REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE THE APPROVAL OF THE STATE ETHICS COMMISSION, IN ADDITION TO THE RESPONDENT, TO WAIVE THE CONFIDENTIALITY OF THE EXISTENCE OF THE COMPLAINT AFTER IT HAS BEEN DISMISSED WHEN A COMPLAINT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; AND TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS.
Read the first time and referred to the Committee on Judiciary.

H. 4993 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO PARKING AND TRAFFIC, DESIGNATED AS REGULATION DOCUMENT NUMBER 2179, 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 Education.

H. 4994 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO FREE TEXTBOOKS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2264, 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 Education.

H. 4995 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO REQUIREMENTS FOR TRADE AND INDUSTRIAL CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2279, 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 Education.

REPORTS OF STANDING COMMITTEES

Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 333 -- Senator Hayes: A BILL TO AMEND SECTION 27-40-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT, LANDLORD REMEDIES, AND FAILURE OF TENANT TO PAY RENT, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT "RENTAL AGREEMENT" INCLUDES A RENTAL LEASE AGREEMENT BETWEEN THE LANDLORD AND THE TENANT AND THAT THE WRITTEN NOTICE REQUIREMENT UPON THE LANDLORD IN ORDER TO COMMENCE EVICTION PROCEEDINGS BECAUSE OF THE TENANT'S NONPAYMENT OF RENT SHALL BE DEEMED COMPLIED WITH IF THE RENTAL LEASE AGREEMENT CONTAINS A CERTAIN PROVISION.
Ordered for consideration tomorrow.

Senator HUTTO from the Committee on Medical Affairs submitted a favorable with amendment report on:
S. 718 -- Senator O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-55-55 SO AS TO PROHIBIT PRACTICING PSYCHOLOGY WITHOUT A LICENSE; TO AMEND SECTION 40-55-50, RELATING TO ACTS CONSTITUTING PRACTICING AS A PSYCHOLOGIST SO AS TO FURTHER SPECIFY WHAT ACTS CONSTITUTE SUCH PRACTICE; TO AMEND SECTION 40-55-80, AS AMENDED, RELATING TO PSYCHOLOGY LICENSE AND APPLICATION REQUIREMENTS SO AS TO REMOVE THE PROVISIONS THAT A PERSON MAY HAVE A DOCTOR'S DEGREE IN AN ALLIED FIELD RATHER THAN IN PSYCHOLOGY AND THAT A LICENSE MAY BE AWARDED WITHOUT EXAMINATION; TO AMEND SECTION 40-55-90, RELATING TO EXEMPTIONS FROM PSYCHOLOGY LICENSURE SO AS TO FURTHER SPECIFY AND CLARIFY THESE EXEMPTIONS; AND TO AMEND SECTION 40-55-170, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF THE PSYCHOLOGY PRACTICE ACT SO AS TO CLARIFY THAT IT IS UNLAWFUL FOR A PERSON TO PRACTICE OR OFFER TO PRACTICE PSYCHOLOGY IN VIOLATION OF CHAPTER 55, TITLE 40, TO INCREASE PENALTIES, AND TO REQUIRE THE BOARD TO REFER POSSIBLE VIOLATIONS TO THE SOLICITOR.
Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:
S. 1074 -- Senator Saleeby: A BILL TO AMEND ARTICLE 7, CHAPTER 4, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE CONTROL LAWS AFFECTING WINE ONLY, BY ADDING SECTION 61-4-735 SO AS TO REGULATE CERTAIN PRACTICES BETWEEN WINE MANUFACTURERS, WHOLESALERS, AND RETAILERS, AND TO PROVIDE FOR OTHER PRACTICES AND PROCEDURES APPLICABLE TO THE SALE OF WINE.
Ordered for consideration tomorrow.

Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:
S. 1157 -- Senators Leventis, Drummond, Ford, Waldrep, Giese and Ravenel: A BILL TO PROVIDE THAT THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE DIVISION OF PUBLIC CHARITIES OF THE OFFICE OF THE ATTORNEY GENERAL ARE DEVOLVED UPON THE SECRETARY OF STATE'S OFFICE ON AUGUST 1, 1998; TO TRANSFER ALL PERSONNEL, APPROPRIATIONS, AND FULL-TIME EQUIVALENT POSITIONS OF THE DIVISION OF PUBLIC CHARITIES TO THE SECRETARY OF STATE'S OFFICE ON AUGUST 1, 1998; TO PROVIDE THAT THE SECRETARY OF STATE SHALL ADMINISTER THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT"; TO AMEND SECTIONS 33-56-20, 33-56-30, 33-56-40, 33-56-50, 33-56-60, 33-56-70, 33-56-80, 33-56-90, 33-56-100, 33-56-110, 33-56-120, 33-56-130, 33-56-140, 33-56-150, 33-56-160, AND 33-56-190, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE SOLICITATION OF CHARITABLE FUNDS, SO AS TO DELETE REFERENCES TO THE ATTORNEY GENERAL AND REFLECT THE SECRETARY OF STATE AND HIS OFFICE AS THE OFFICIAL AGENCY TO ADMINISTER THE PROVISIONS OF THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT", AND TO ALLOW THE SECRETARY OF STATE TO RETAIN A PORTION OF ADMINISTRATIVE FINES TO OFFSET THE EXPENSES OF ENFORCEMENT.
Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Judiciary submitted a favorable report on:
S. 1168 -- Senator McCONNELL: A BILL TO AMEND SECTION 20-7-952, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INITIATION OF ACTIONS TO ESTABLISH PATERNITY, SO AS TO INCLUDE THE PUTATIVE FATHER AS ONE OF THE INDIVIDUALS WHO MAY INSTITUTE SUCH ACTIONS.
Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 1171 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-212, SO AS TO PROVIDE THAT THE GOVERNOR, DURING A LEGISLATIVE SESSION OF THE GENERAL ASSEMBLY, MAY APPOINT AN ACTING DIRECTOR TO ANY DEPARTMENT ENUMERATED IN SECTION 1-30-10 FOR A PERIOD NOT TO EXCEED SIX MONTHS.
Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 1184 -- Senator Ravenel: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO THE ISSUANCE OF A CORPORATE CERTIFICATE TO AN AREA SEEKING INCORPORATION OF A MUNICIPALITY, SO AS TO DELETE REFERENCES TO FREEHOLDERS; AND TO AMEND SECTION 5-1-50, RELATING TO THE PETITION REQUIRED TO BE SUBMITTED TO THE SECRETARY OF STATE BY THOSE PERSONS DESIRING TO INCORPORATE A MUNICIPALITY, SO AS TO DELETE REFERENCES TO FREEHOLDERS.
Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Banking and Insurance polled out H. 3889 with no report:
H. 3889 -- Reps. Kelley, Whatley, Knotts, Neilson, Simrill, Keegan, Edge, Clyburn, Robinson, Rodgers, J. Hines, Barrett, Witherspoon, Miller, Maddox, Byrd, Battle and McKay: A BILL TO AMEND TITLE 38, CHAPTER 71, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCIDENT AND HEALTH INSURANCE, BY ADDING ARTICLE 15 TO ENACT THE "EMERGENCY SERVICES ACT" SO AS TO PROVIDE THAT PROSPECTIVE AUTHORIZATION FOR TREATMENT IN AN EMERGENCY MEDICAL FACILITY IS NOT REQUIRED IF IN THE OPINION OF THE ATTENDING PHYSICIAN TREATMENT IS NEEDED TO STABILIZE THE CONDITION.

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

AYES

Saleeby                   McConnell                 Setzler
Courson                   Matthews                  Courtney
Patterson                 Passailaigue              Hayes
Jackson                   Martin                    Washington

TOTAL--12

NAYS

TOTAL--0

NOT VOTING

Leatherman                Thomas                    Reese
Russell                   Rankin                    Ford

TOTAL--6

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out H. 4987 favorable:
H. 4987 -- Reps. Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, 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, 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 RECOGNIZING DR. GEORGE WASHINGTON CARVER FOR HIS MANY ACCOMPLISHMENTS AND DECLARING JANUARY 5TH AS "DR. GEORGE WASHINGTON CARVER DAY".

Poll of the Invitations Committee
Ayes 10; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington
Reese

TOTAL--10

NAYS

TOTAL--0

NOT VOTING

TOTAL--0

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out H. 4988 favorable:
H. 4988 -- Reps. J. Brown, A. Harris, Haskins, Wilder, Wilkins, 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, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, 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, Wilkes, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION DECLARING THE MONTH OF MAY AS STROKE MONTH IN SOUTH CAROLINA AND URGING ALL CITIZENS TO EDUCATE THEMSELVES REGARDING RISK FACTORS FOR STROKE AND HEART DISEASE AND THE SIGNS AND SYMPTOMS OF THESE DISEASES.

Poll of the Invitations Committee
Ayes 10; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington
Reese

TOTAL--10

NAYS

TOTAL--0

NOT VOTING

TOTAL--0

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out H. 5043 favorable:
H. 5043 -- Reps. Quinn, Woodrum, Inabinett, Gamble, Rhoad, Barrett, Martin, Bailey, McGee, Sandifer, Stuart, Koon, Spearman, McKay, Rodgers, Riser and H. Brown: A CONCURRENT RESOLUTION DESIGNATING THE WEEK OF APRIL 27, 1998, AS "TRANSPORTATION WEEK" IN SOUTH CAROLINA FOR 1998 TO RECOGNIZE THE IMPORTANT ROLE TRANSPORTATION PLAYS IN OUR DAILY LIVES.

Poll of the Invitations Committee
Ayes 10; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington
Reese

TOTAL--10

NAYS

TOTAL--0

NOT VOTING

TOTAL--0

Ordered for consideration tomorrow.

Invitations Accepted

Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Tourism Regions to attend a reception at the Sterling Garden Center on Tuesday, April 28, 1998, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee
Ayes 10; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington
Reese

TOTAL--10

NAYS

TOTAL--0

NOT VOTING

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Alpha Kappa Alpha Sorority, Inc., S.C. Chapters to attend a breakfast in Room 208 Blatt Bldg. on Wednesday, April 29, 1998, from 8:00 until 10:00 A.M.

Poll of the Invitations Committee
Ayes 10; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington
Reese

TOTAL--10

NAYS

TOTAL--0

NOT VOTING

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from University of S.C. to attend a luncheon at Williams Brice Stadium, 600 level, on Wednesday, April 29, 1998, upon adjournment and lasting until 2:00 P.M.

Poll of the Invitations Committee
Ayes 10; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington
Reese

TOTAL--10

NAYS

TOTAL--0

NOT VOTING

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from The Citadel to attend a barbecue at the Fairgrounds, Cantey Building, on Wednesday, April 29, 1998, from 6:30 until 10:00 P.M. *Must be at least age 21

Poll of the Invitations Committee
Ayes 10; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington
Reese

TOTAL--10

NAYS

TOTAL--0

NOT VOTING

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Dept. of Parks, Recreation and Tourism to attend a luncheon at the Capital City Club on Tuesday, May 5, 1998, upon adjournment and lasting until 2:00 P.M.

Poll of the Invitations Committee
Ayes 10; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington
Reese

TOTAL--10

NAYS

TOTAL--0

NOT VOTING

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from DuPont to attend a reception at the Seibels House on Tuesday, May 5, 1998, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee
Ayes 10; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington
Reese

TOTAL--10

NAYS

TOTAL--0

NOT VOTING

TOTAL--0

CONCURRENCE

S. 124 -- Senators McConnell and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-215 SO AS TO PROHIBIT A HEALTH BENEFIT POLICY FROM REQUIRING AS A CONDITION FOR THE COVERAGE OF DERMATOLOGICAL SERVICES THAT THE INSURED FIRST OBTAIN A REFERRAL FROM A PRIMARY CARE PHYSICIAN.
The House returned the Bill with amendments.

On motion of Senator McCONNELL, 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.

CONCURRENCE

S. 443 -- Senator Leatherman: A BILL TO AMEND SECTION 12-37-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE COUNTY ASSESSOR, SO AS TO PROVIDE FOR THE RESPONSIBILITY AND RIGHT TO ENTER AND EXAMINE NEW NONRESIDENTIAL STRUCTURES BEFORE OCCUPANCY AND PORTIONS OF EXISTING BUILDINGS COVERED BY BUILDING PERMITS.
The House returned the Bill with amendments.

On motion of Senator LEATHERMAN, 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.

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. 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.
(By prior motion of Senator BRYAN)

THIRD READING BILL

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 1186 -- Senators Hutto and Lander: A BILL TO AMEND CHAPTER 22, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WAREHOUSE SYSTEM, BY ADDING SECTION 39-22-15 SO AS TO DEFINE LOSS OVER THE AMOUNT PROTECTED BY A WAREHOUSEMAN'S BOND AND TO PROVIDE THAT DEPOSITORS MAY RECOVER LOSSES OVER THE AMOUNT PROTECTED BY A WAREHOUSEMAN'S BOND; TO AMEND SECTION 39-22-80, AS AMENDED, RELATING TO EXEMPTION OF ELECTRONIC WAREHOUSE RECEIPTS, SO AS TO PROVIDE FOR WRITTEN NOTICE AND CONSENT IN CONNECTION WITH THE USE OF ELECTRONIC WAREHOUSE RECEIPTS, TO AMEND SECTION 39-22-90, AS AMENDED, RELATING TO PROHIBITED ACTS AND PENALTIES IN CONNECTION WITH WAREHOUSE RECEIPTS, SO AS TO PROHIBIT ISSUING OR TRANSFER OF AN ELECTRONIC WAREHOUSE RECEIPT WITHOUT WRITTEN NOTICE TO OR THE CONSENT OF THE DEPOSITOR, TO AMEND SECTION 39-22-150, RELATING TO CLAIMS AGAINST THE STATE WAREHOUSE SYSTEM GUARANTY FUND, SO AS TO PROTECT DEPOSITORS AGAINST LOSSES OVER THE AMOUNT PROTECTED BY A WAREHOUSEMAN'S BOND, TO PROVIDE FOR PENALTIES, AND TO PROVIDE THAT CERTAIN PROVISIONS OF THE ACT APPLY RETROACTIVELY.
Senator LEVENTIS explained the Bill.

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

S. 1111 -- Senator Bryan: A BILL TO AMEND CHAPTER 1, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF CRIMINAL RECORDS REGARDING PERSONS FOUND INNOCENT OF CRIMINAL CHARGES OR AGAINST WHOM CHARGES ARE DISCHARGED OR DISMISSED, SO AS TO PROVIDE THAT SUCH RECORDS SHALL BE DESTROYED UPON NOTIFICATION TO THE LAW ENFORCEMENT AGENCY BY THE CLERK OF COURT AND THAT NO ORDER OF THE CIRCUIT COURT OR MAGISTRATE'S COURT IS REQUIRED.

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

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

Senator BRYAN proposed the following amendment (JUD1111.003), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting therein the following:
/SECTION   1.   Section 17-1-40 of the 1976 Code is amended to read:
"Section 17-1-40.   Any If a person who after being is charged with a criminal an offense and such the charge is discharged or proceedings against such person dismissed, or if the person is found to be innocent not guilty of such the charge, the arrest and booking record, files, mug shots, and fingerprints of such the person shall must be destroyed and no evidence of such record pertaining to such charge shall be retained by any municipal, county or State law enforcement agency upon notification to the law enforcement agency by the magistrate. No evidence of the record pertaining to the charge shall be retained by a municipal, county, or state law enforcement agency. A court order shall not be required to destroy the arrest and booking record, files, mug shots, and fingerprints of the person."/

Senator BRYAN explained the amendment.

The amendment was adopted.

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

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. 4753 -- Rep. Cave: A BILL TO AMEND SECTION 7-7-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PLACES IN ALLENDALE COUNTY, SO AS TO DELETE THE SPECIFIC POLLING PLACES FOR EACH VOTING PRECINCT AND PROVIDE THAT THE POLLING PLACES MUST BE ESTABLISHED BY THE REGISTRATION AND ELECTIONS COMMISSION FOR ALLENDALE COUNTY SUBJECT TO THE APPROVAL OF A MAJORITY OF THE ALLENDALE COUNTY LEGISLATIVE DELEGATION.

H. 4837 -- Reps. Cave and Rhoad: A BILL TO AMEND SECTION 7-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BARNWELL COUNTY, SO AS TO PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS MUST BE DETERMINED BY THE BARNWELL COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE BARNWELL COUNTY LEGISLATIVE DELEGATION.

S. 1162 -- Senator Bryan: A BILL TO AMEND SECTION 20-7-6845 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONAL SERVICES FOR JUVENILES, SO AS TO REVISE THE STANDARDS APPLICABLE TO JUVENILE DETENTION FACILITIES.

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

S. 1078 -- Senators Ryberg, Hutto, Moore, Setzler, Washington and Matthews: A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, KNOWN AS THE "MILITARY FACILITIES REDEVELOPMENT LAW" RELATING TO REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS, SO AS TO BROADEN THE AUTHORITY TO INCLUDE ACQUISITION AND DISPOSAL OF BOTH REAL PROPERTY AND PERSONAL PROPERTY CLASSIFIED AS EQUIPMENT, IN CONNECTION WITH BOTH FEDERAL MILITARY INSTALLATIONS AND OTHER FEDERAL DEFENSE SITES.

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

Senators HUTTO and RYBERG proposed the following amendment (DKA\4933MM.98), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __.   A. Section 12-10-88(E) of the 1976 Code is amended to read:
"(E)   For purposes of this section 'closed or realigned military installation' means a federal defense site in which permanent employment was reduced by three thousand or more jobs after December 31, 1990 or a federal military base or installation in which permanent employment was reduced by three thousand or more jobs after December 31, 1990, and which is closed or realigned under:
(1)   the Defense Base Closure and Realignment Act of 1990;
(2)   Title 11 of the Defense Authorization Amendments and Base Closure and Realignment Act; or
(3)   Section 2687 of Title 10, United States Code."
B.   This section is effective for tax years beginning after 1998./
Renumber sections to conform.
Amend title to conform.

Senator HUTTO explained the 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 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. 4932 -- Rep. Kinon: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1998, AND ENDING JUNE 30, 1999.

H. 4932--Ordered to a Third Reading

On motion of Senator ELLIOTT, H. 4932 was ordered to receive a third reading on Thursday, April 23, 1998.

S. 1209 -- Senators Giese and Holland: A BILL TO AMEND ACT 784 OF 1964, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE LUGOFF WATER DISTRICT OF KERSHAW COUNTY, SO AS TO FURTHER PROVIDE FOR THE EXTENSION OF ITS SYSTEM.
(By prior motion of Senator GIESE)

H. 5014 -- Reps. Spearman, Wilder and McLeod: A BILL TO REPEAL ACT 768 OF 1966 RELATING TO THE NEWBERRY-SALUDA REGIONAL LIBRARY ON JULY 1, 1998, TO TRANSFER THE ASSETS AND LIABILITIES OF THE REGIONAL LIBRARY TO THE COUNTY WHEREIN THESE ASSETS AND LIABILITIES ARE LOCATED, AND TO PROVIDE THE GOVERNING BODIES OF NEWBERRY AND SALUDA COUNTIES SHALL EACH ESTABLISH A COUNTY PUBLIC LIBRARY SYSTEM IN THE MANNER PROVIDED BY SECTION 4-9-35 OF THE 1976 CODE EFFECTIVE JULY 1, 1998.
(By prior motion of Senator LANDER)

S. 1013 -- Senator Lander: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 SO AS TO ENACT THE SOUTHERN INTERSTATE DAIRY COMPACT ACT OF 1997, TO PROVIDE THAT THE GOVERNOR MAY EXECUTE AN INTERSTATE DAIRY COMPACT WITH THE DESIGNATED COMPACT STATES SO AS TO ADOPT THE SOUTHERN INTERSTATE DAIRY COMPACT, TO PROVIDE WHEN THE COMPACT BECOMES OPERATIVE AND EFFECTIVE, AND THAT WHEN THE COMPACT BECOMES EFFECTIVE, IT IS THE POLICY OF THIS STATE TO PERFORM AND CARRY OUT THE PROVISIONS OF THE COMPACT, TO PROVIDE THAT THE COMMISSIONER OF AGRICULTURE IS THE COMPACT ADMINISTRATOR FOR THIS STATE, TO PROVIDE FOR THE STATE'S DELEGATION TO THE SOUTHERN INTERSTATE DAIRY COMPACT COMMISSION, AND FOR MEMBERSHIP, APPOINTMENTS, TERMS, AND FILLING OF VACANCIES ON THE DELEGATION, TO PROVIDE FOR PER DIEM AND REIMBURSEMENT OF TRAVEL EXPENSES FOR MEMBERS OF THE DELEGATION, TO PROVIDE FOR FUNDING, FACILITIES, ASSISTANCE, AND ACCESS TO INFORMATION AND DATA FROM OTHER STATE OFFICERS, AGENCIES, AND EMPLOYEES, AND FROM PRIVATE PERSONS BY LAWFUL MEANS, TO ASSIST THE DELEGATION IN CARRYING OUT THE PURPOSES OF THE COMPACT, TO PROVIDE FOR THE ADOPTION OF RULES AND REGULATIONS AS NECESSARY TO CARRY OUT THE PURPOSES OF THE COMPACT AND THIS CHAPTER, INCLUDING PROVISIONS FOR THE REVOCATION OR FORFEITURE OF LICENSES, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THE COMPACT, RELATED RULES AND REGULATIONS, OR THE PROVISIONS OF THIS CHAPTER.

Recorded Vote

Senators MESCHER and THOMAS desired to be recorded as voting against the second reading of the Bill.

S. 1163 -- Senator Bryan: A BILL TO AMEND CHAPTER 9, TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE ANNUAL JAIL AND PRISON INSPECTION REPORT AND ENFORCEMENT OF MINIMUM STANDARDS, SO AS TO REVISE THE LIST OF PERSONS WHO MUST RECEIVE COPIES OF REPORTS PREPARED BY THE JAIL AND PRISON INSPECTION DIVISION.

S. 1167 -- Senator Holland: A BILL TO AMEND TITLE 26, CODE OF THE LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 5, SO AS TO ENACT THE "SOUTH CAROLINA ELECTRONIC COMMERCE ACT" WHICH PROVIDES FOR THE LEGAL STATUS OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES, AND AUTHORIZES THE BUDGET AND CONTROL BOARD AND SECRETARY OF STATE TO PROMULGATE REGULATIONS RELATED TO ELECTRONIC COMMERCE.

S. 1200 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO NONINDIGENOUS SHRIMP, DESIGNATED AS REGULATION DOCUMENT NUMBER 2229, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1200--Ordered to a Third Reading

On motion of Senator PEELER, with unanimous consent, S. 1200 was ordered to receive a third reading on Thursday, April 23, 1998.

AMENDED, READ THE SECOND TIME

S. 603 -- Senator McCONNELL: 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 adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

The Committee on Fish, Game and Forestry proposed the following amendment (GJK\21368SD.98), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Title 52 of the 1976 Code is amended by adding:

"CHAPTER 22
Kayaking, Canoeing, and Rafting Liability Immunity

Section 52-22-10.   As used in this chapter:
(1)   'Engages in a kayaking, canoeing, or rafting activity' means riding in, training in, using, providing, paddling, or being a passenger in a kayak, canoe, or raft or a person assisting a participant.
(2)   'Kayak' means a hand-powered watercraft usually propelled by paddles or oars, similar to a canoe, which may or may not have more than one circular opening in the covered top. Kayak also includes similar hand-powered watercraft designed so that the user sits on top of a molded hull.
(3)   'Canoe' means a lightweight hand-powered watercraft, usually propelled by paddles or oars, similar to a kayak, which has an open top and is designed to hold one or more people.
(4)   'Raft' means a hand-powered inflatable watercraft usually propelled by paddles or oars, which has an open top and is designed to hold one or more people.
(5)   'Kayaking, canoeing, or rafting activity' means:
(a)   a competition, exercise, or undertaking that involves a kayak, canoe, or raft;
(b)   kayak, canoe, or raft training or teaching activities, or both;
(c)   using, inspecting, or evaluating a kayak, canoe, or raft belonging to another, whether or not the owner has received monetary consideration or another thing of value for the use of the kayak, canoe, or raft or is permitting a prospective purchaser of the kayak, canoe, or raft to use, inspect, or evaluate the kayak, canoe, or raft;
(d)   a ride, trip, or other kayak, canoe, or raft activity, however informal or impromptu, that is sponsored by a kayaking, canoeing, or rafting sponsor.
(6)   'Kayaking, canoeing, or rafting activity sponsor' means an individual, a group, a club, a partnership, or a corporation or their employee or agent, whether the sponsor is operating for profit or not for profit, which sponsors, organizes, or provides the opportunity for a kayaking, canoeing, or rafting activity, and an operator, instructor, and promoter of a kayaking, canoeing, or rafting activity or their employee or agent.
(7)   'Kayak, canoe, or raft professional' means a person meeting generally accepted industry standards who is engaged in:
(a)   instructing a participant or renting to a participant a kayak, canoe, or raft for the purpose of using, operating, riding, driving, or being a passenger in the kayak, canoe, or raft;
(b)   renting kayak, canoe, or raft equipment to a participant;
(c)   an employee or agent of someone engaged in (a) and (b).
(8)   'Inherent risk of kayaking, canoeing, or rafting activity' means those dangers or conditions which are an integral part of kayaking, canoeing, or rafting activities including, but not limited to:
(a)   the propensity of a kayak, canoe, or raft to react in water in a way that may result in injury, harm, or death to a person in or around the kayak, canoe, or raft;
(b)   certain hazards such as surface and subsurface conditions, including but not limited to entrapment;
(c)   collisions with other kayaks, canoes, rafts, trees, banks, paddles, oars or other objects; and
(d)   falling or slipping on the bank, dock, or boat ramp while entering or exiting the canoe, kayak, or raft; or
(e)   the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, as failing to maintain control over the kayak, canoe, or raft or not acting within the participant's ability.
(9)   'Participant' means a person who engages in a kayaking, canoeing, or rafting activity, whether or not a fee is paid to participate in the kayaking, canoeing, or rafting activity.
Section 52-22-20.   (A)   Except as provided in subsection (B), a kayaking, canoeing, or rafting activity sponsor or a kayak, canoe, or raft professional is not liable for an injury to or the death of a participant resulting from an inherent risk of kayaking, canoeing, or rafting activity, and no participant or participant's representative may make a claim against, maintain an action against, or recover from a kayaking, canoeing, or rafting activity sponsor, or a kayak, canoe, or raft professional, for injury, loss, damage, or death of the participant resulting from an inherent risk of kayaking, canoeing, or rafting activity.
(B)   Nothing in subsection (A) prevents or limits the liability of kayaking, canoeing, or rafting sponsor or professional, if the activity sponsor or professional:
(1)(a)   provided the equipment and knew or should have known that the equipment was faulty, and the equipment was faulty to the extent that it caused the injury; or
(b)   provided the kayak, canoe, or raft or other equipment and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the activity and to manage safely the particular equipment based on the participant's representations of his ability; or
(2)   committed an act or omission that constitutes wilful or wanton disregard for the safety of the participant and that act or omission caused the injury; or
(3)   intentionally injured the participant."
(C)   Nothing in subsection (A) prevents or limits the liability of a kayaking, canoeing, or rafting activity sponsor or a kayak, canoe, or raft professional under liability provisions as set forth in the products liability laws.
(D)   The provisions of this chapter shall not cover or apply to any liability arising from the ownership, maintenance, or use of any motor vehicle.
Section 52-22-30.   A kayak, canoe, or raft professional or a kayaking, canoeing, or rafting activity sponsor shall provide notice of this chapter to participants by:
(1)   placing open and obvious signage in their fixed place of business or at the staging location of any event containing the warning listed in (3); or
(2)   requiring participants to sign a printed form releasing the sponsor or professional from liability containing the warning listed in (3);
(3)   the notice language as referenced in sections (1) and (2) should essentially recite:

WARNING

Under South Carolina law, a kayaking, canoeing, or rafting activity sponsor or kayak, canoe, or raft professional is not liable for an injury to or the death of a participant in a kayaking, canoeing, or rafting activity resulting from an inherent risk of kayaking, canoeing, or rafting activity, pursuant to Chapter 22 of Title 52, Code of Laws of South Carolina, 1976.
(4)   Failure to comply with the requirements concerning warning signs and notices provided in this section prevents a kayaking, canoeing, or rafting activity sponsor or professional from invoking the privileges of immunity provided by this chapter.
Section 52-22-40.   Nothing contained in this chapter shall be construed to limit the ability of the kayaking, canoeing, or rafting sponsor or professional and the participant from freely contracting for other release, waiver, indemnification, assumption of risk hold harmless, or similar terms."
SECTION   2.   This act takes effect upon approval by the Governor./
AMEND TITLE TO READ:
/TO AMEND TITLE 52, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMUSEMENTS AND ATHLETIC CONTESTS, 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./
Renumber sections to conform.
Amend title to conform.

Senator McCONNELL 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.

CARRIED OVER

The following Bill was carried over:

S. 940 -- Senators Courson, Wilson, Leatherman, Ryberg, Giese, Peeler, Russell, Thomas, Fair and Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-460 SO AS TO ESTABLISH THE PERSONAL PROPERTY TAX RELIEF FUND, PROVIDE FOR REVENUES TO BE CREDITED TO IT, TO USE THE REVENUES OF THE FUND TO PROVIDE REIMBURSEMENTS TO LOCAL TAXING ENTITIES FOR A PHASED-IN EXEMPTION FROM PROPERTY TAX OF PROPERTY CLASSIFIED AS "ALL OTHER PERSONAL PROPERTY", TO PROVIDE THE METHOD OF CALCULATING THE EXEMPTION AND REIMBURSEMENT, AND TO PROVIDE THE CIRCUMSTANCES UNDER WHICH THE EXEMPTION BECOMES TOTAL AND PERMANENT.

ACTING PRESIDENT PRESIDES

Senator MARTIN assumed the Chair at 12:08 P.M.

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

MOTION ADOPTED
Privilege of the Floor Extended

Senator DRUMMOND asked unanimous consent to make a motion to extend to Miss Darla Moore an invitation to address the members of the South Carolina Senate on Wednesday, May 13, 1998, at 12:00 Noon.
Senator COURSON spoke on the motion.
The motion was adopted.

MOTION ADOPTED

On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.

ADJOURNMENT

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

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