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NOT VOTING

Peeler            O'Dell           Rose

Order for consideration tomorrow.

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

An invitation from Holocaust Council and Governor Beasley to attend a Holocaust 50th Anniversary Commemorative Service at the Holy Trinity Greek Orthodox Church Community Center (1931 Sumter Street) on Thursday, April 27, 1995, at 12:30 P.M.

Courson           Wilson           Matthews

Thomas            Patterson        Russell

Passailaigue

NOT VOTING

Peeler            O'Dell           Rose

Order for consideration tomorrow.

H. 3361 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.

The House returned the Resolution with amendments.

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

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

H. 3853 -- Rep. Davenport: A BILL TO AMEND ACT 172 OF 1969, RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT, SO AS TO AUTHORIZE THE BOARD OF THE DISTRICT TO EMPLOY FIREMEN AND OTHER EMPLOYEES NECESSARY TO CARRY OUT THE RESPONSIBILITIES OF THE BOARD.

(By prior motion of Senator COURTNEY)

H. 3863 -- Reps. Beatty, Walker, Lanford, Littlejohn, Allison and Davenport: A BILL TO PROVIDE FOR THE FISCAL AUTONOMY OF THE SEVEN LOCAL SCHOOL DISTRICTS IN SPARTANBURG COUNTY; TO PROVIDE FOR THE POWERS OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY; TO PROVIDE FOR THE OPERATIONAL BUDGET OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY; TO PROVIDE FOR THE EQUITABLE DISTRIBUTION OF ASSETS OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY; TO PROVIDE FOR THE COUNTY BOARD'S MEETINGS; AND TO REPEAL ACT 610 OF 1994, RELATING TO THE ABOLITION OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY.

(By prior motion of Senator COURTNEY)

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

S. 670 -- Senator Holland: A BILL TO PROVIDE THAT EACH MEMBER OF THE KERSHAW COUNTY TRANSPORTATION COMMITTEE MUST BE PAID THE SUM OF SEVENTY-FIVE

(By prior motion of Senator HOLLAND)

S. 41 -- Senators Courson, Rose, Giese, Gregory, Wilson, Elliott and Richter: A BILL TO AMEND SECTION 17-25-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LIFE SENTENCE FOR A PERSON WHO HAS THREE CONVICTIONS FOR CERTAIN CRIMES, SO AS TO PROVIDE FOR A MANDATORY SENTENCE OF LIFE IMPRISONMENT WITHOUT PAROLE UPON A THIRD CONVICTION OF A "MOST SERIOUS OFFENSE", TO DEFINE "MOST SERIOUS OFFENSE", AND TO PROVIDE FOR THE APPLICATION OF THIS SECTION.

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

Senator JACKSON proposed the following Amendment No. 1 (41R035.DJ), which was adopted:

Amend the bill, as and if amended, page 1, line 36, by adding after the words /or more/ the following:

/prior/.

Amend the bill further, as and if amended, page 2, line 5, by adding after the words / or more / the following:

/prior/.

Amend the bill further, as and if amended, page 2, by striking line 15 and inserting in lieu thereof the following:

/item/.

Amend the bill further, as and if amended, page 2, by striking line 17 and inserting in lieu thereof the following:

/item/.

Amend the bill further, as and if amended, page 2, by striking line 22 and inserting in lieu thereof the following:

/16-3-85(B)(1) Homicide by child abuse

16-3-85(B)(2) Aiding and abetting, homicide by child abuse/.

Amend the bill further, as and if amended, page 3, by deleting lines 12 through 13 and inserting in lieu thereof the following:

/16-9-210 Giving or offering bribes to officers

16-9-220 Acceptance of bribes by officers

16-9-290 Accepting bribes for purpose of procuring public office/

Amend the bill further, as and if amended, page 3, by striking line 19 and inserting in lieu thereof the following:

/38-55-540(3) Insurance fraud/

Amend title to conform.

Senator RICHTER explained the amendment.

Senator McCONNELL proposed the following Amendment No. 2A (JUD0041.034), which was adopted:

Amend the bill, as and if amended, page 2, beginning on line 29, in Section 17-25- 45(C)(1), as contained in SECTION 1, by striking lines 29 through 34 and inserting therein the following:
/ 16-3-656 Assault with intent to commit criminal sexual conduct, First and Second degree

16-3-910 Kidnapping

16-3-920 Conspiracy to commit kidnapping
16-11-110(A) Arson, First degree

16-11-311 Burglary, First degree
16-11-330(A) Armed robbery

16-11-330(B) Attempted armed robbery/.

Amend title to conform.

Senator RICHTER explained the amendment.

Senator McCONNELL proposed the following Amendment No. 3 (JUD0041.031), which was adopted:

Amend the bill, as and if amended, page 4, beginning on line 17, in Section 17-25- 45(F), as contained in SECTION 1, by striking lines 17 through 20 and inserting therein the following:

/(F) For the purpose of determining a conviction under this section only, where a person is convicted for multiple offenses which were committed during a single chain of circumstances or a single course of conduct or connected transactions or times so closely connected in point

Amend title to conform.

Senator RICHTER explained the amendment.

There being no further amendments, the question then was the third reading of the Bill.

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

Alexander         Bryan            Cork*

Courson           Courtney         Elliott

Giese             Gregory          Holland

Lander            Leatherman       Leventis

Martin            McConnell        McGill*

Mescher           Moore            O'Dell

Passailaigue      Peeler           Rankin

Reese             Richter          Rose

Russell           Ryberg           Saleeby

Setzler           Short            Smith, G.

Smith, J.V.       Stilwell         Thomas

Waldrep           Williams         Wilson

Ford              Matthews         Patterson

Washington

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

The Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.

S. 7 -- Senators Leatherman, Wilson, Rose, Rankin, Washington and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-45 SO AS TO PROHIBIT ISSUING OF DRIVERS' LICENSES TO RESIDENTS UNDER SEVENTEEN YEARS OF AGE WHO ARE NOT HIGH SCHOOL GRADUATES OR DO NOT HAVE A G.E.D. CERTIFICATE OR WHO DO NOT PROVIDE DOCUMENTATION THAT THEY ARE PROPERLY ENROLLED IN SCHOOL AND IN COMPLIANCE WITH ATTENDANCE REQUIREMENTS, TO REQUIRE THE ATTENDANCE SUPERVISOR OR HIS DESIGNEE TO PROVIDE ENROLLMENT STATUS DOCUMENTATION TO PERSONS AT LEAST FIFTEEN YEARS OF AGE ON A FORM PRESCRIBED BY THE STATE DEPARTMENT OF EDUCATION IN CONSULTATION WITH THE DEPARTMENT OF TRANSPORTATION, TO REQUIRE ATTENDANCE SUPERVISORS TO NOTIFY THE DEPARTMENT OF TRANSPORTATION OF PERSONS WHO WITHDRAW FROM SCHOOL AND REQUIRE THE DEPARTMENT TO SUSPEND THE LICENSE OF SUCH PERSONS UPON TEN DAYS WRITTEN NOTICE, TO PROVIDE THE METHOD FOR A PERSON WHOSE LICENSE IS SUSPENDED TO HAVE THE LICENSE REINSTATED, TO DEFINE WITHDRAWAL FROM SCHOOL, TO PROVIDE FOR A PERSONAL OR FAMILY HARDSHIP WAIVER, AND TO PROVIDE THAT AN SR-22 DOES NOT HAVE TO BE FILED FOLLOWING REINSTATEMENT OF A DRIVER'S LICENSE SUSPENDED PURSUANT TO THIS SECTION.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (7R001.LAM) proposed by Senator MARTIN.

Senator MARTIN asked unanimous consent to make a motion to perfect the amendment.

There was no objection.

Senator MARTIN proposed the following Amendment No. 1A (7R002.LAM), which was adopted:

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

/SECTION 1. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-45. (A) The department may not issue a driver's license to a person eighteen years of age or under unless:

(1) the person has a high school diploma or certificate, or other evidence of graduation from high school; or a General Education Development Certificate; or

(2) the person acknowledges by an affirmation, provided on the license application form, that:

(a) indicates the applicant is currently enrolled in a public or private school which has been approved by the State Board of Education or a member school of the South Carolina Independent School's Association or some similar organization, or a parochial, denominational, or church-related school, or other programs which are accepted by the State Board of Education; and

(b) the person has conformed to the attendance laws, regulations, and policies of his school, school district, and the State Board of Education, as applicable; and

(c) the person is not currently suspended from school.

(B) Upon notice from the local school board that a person licensed pursuant to the provision of this section has withdrawn from school and has not provided notice of enrollment in another school district, the department shall immediately suspend the driver's license of such person, unless an exception is granted pursuant to subsection (C).

(C) If the board of trustees of a school district determines that a personal or family hardship exists that requires a person to obtain a driver's license for employment or medically-related purposes, the department may authorize the issuance of a license for a person denied a license or where a license has been suspended pursuant to this section.

(D) The term `driver's license', as used in this section, includes a regular driver's license, a special restricted driver's license, and a beginner's permit.

(E) A suspension under this section does not require the filing of an SR-22 on the lifting of the suspension."

SECTION 2. This act takes effect July 1, 1995./

Amend title to conform.

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

Senators J. VERNE SMITH, WALDREP, STILWELL, MOORE and PEELER desired to be recorded as voting against the third reading of the Bill.

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

S. 686 -- Transportation Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-112 SO AS TO ELIMINATE THE REQUIREMENT OF NOTARIZATION ON FORMS OR DOCUMENTS CONTAINED IN CHAPTERS 3, 15, 16, AND 19 OF TITLE 56 AND ARTICLE 5, CHAPTER 17 OF TITLE 31; TO AMEND SECTION 16-21-20, RELATING TO THE MISUSE OF A MOTOR VEHICLE CERTIFICATE OF TITLE, REGISTRATION CARD, OR LICENSE PLATE, THE FAILURE TO DELIVER A MOTOR VEHICLE CERTIFICATE OF TITLE OR APPLICATION, AND FILING A FRAUDULENT APPLICATION FOR A MOTOR VEHICLE TITLE OR REGISTRATION, SO AS TO REVISE THE PERIOD A PERSON MUST DELIVER A MOTOR VEHICLE CERTIFICATE OF TITLE OR APPLICATION TO THE DEPARTMENT OF REVENUE AND TAXATION; TO AMEND SECTION 56-19-370, RELATING TO THE PROCEDURES FOR THE VOLUNTARY TRANSFER OF A MOTOR VEHICLE CERTIFICATE OF TITLE WHEN A DEALER PURCHASES A MOTOR VEHICLE FOR RESALE, SO AS TO REVISE THE PERIOD THE TRANSFER OF THE CERTIFICATE OF TITLE MUST BE COMPLETED TO AVOID SENDING THE CERTIFICATE OF TITLE TO THE DEPARTMENT OF REVENUE.

At 12:40 P.M., Senator WILLIAMS asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 3:00 P.M.

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

S. 628 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-73-1420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF GOVERNORS OF THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE AMONG OTHER THINGS, THAT THE COST REDUCTIONS REALIZED IN OPERATING RESULTS OF THE FACILITY SHALL BE APPLIED EXCLUSIVELY TO REDUCE THE RECOUPMENT CHARGES ON ALL POLICIES OF PRIVATE PASSENGER AUTOMOBILE INSURANCE WRITTEN IN SOUTH CAROLINA; TO AMEND SECTION 38-73-1425, AS AMENDED, RELATING TO THE FINAL RATE ON PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT IN CALCULATING THE FINAL RATE OR PREMIUM CHARGE, IT MUST BE BASED UPON THE COMBINED RATIO OF ALL INSURERS CEDING PRIVATE PASSENGER AUTOMOBILE INSURANCE RISKS TO THE FACILITY; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT RATING PLANS MAY PROVIDE FOR DIFFERENT RATES, RATING TIERS, AND RATING PLANS AMONG AFFILIATED COMPANIES; TO AMEND SECTION 38-77-950, AS AMENDED, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER, SO AS TO DELETE A REFERENCE TO "AN AUTOMOBILE INSURER"; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-596 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT UPON NOTIFICATION TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, DESIGNATED PRODUCERS MAY CONTRACT WITH A VOLUNTARY MARKET OUTLET FOR ANY TYPE OF AUTOMOBILE INSURANCE CEDEABLE TO THE FACILITY; TO AMEND SECTION 38-77-280, AS AMENDED,

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (10043JM.95) proposed by Senator BRYAN and previously printed in the Journal of Tuesday, April 4, 1995.

Senator MARTIN argued contra to the adoption of the amendment.

On motion of Senator BRYAN, with unanimous consent, Amendment No. 1 was carried over.

Senator MARTIN asked unanimous consent to make a motion to take up Amendment No. 12 for immediate consideration.

There was no objection.

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