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, in busy days perspective is always in order. Hear the Author of the Epistle to the Hebrews, Chapter 1 (verses 10-11) (NRSV):

"In the beginning, Lord, You

founded the earth,

and the heavens are the work of

Your hands;

they will perish, but

You remain;

they will all wear out

like clothing;

like a cloak You will roll

them up, and like clothing

they will be changed.

But You are the same, and

Your years will never end."
Let us pray.

O Lord, the world, and people, are changing before our very eyes. Whether for the better or for the worse we do not yet know.

Our prayer is that in the midst of this change we shall not be confused nor confounded.

Help us to begin our day with the premise: that our trust, in the midst of an ailing planet and world-order, is in an imperishable, all-wise, eternal God who has spoken to us through the prophets of old, and has... in these latter years... spoken to us in Jesus Christ.

We cannot save the world, but help us to be a witness, and an advocate, of a God who can... on His terms!

Amen!

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

February 27, 1995
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

Reappointment, Board of Health and Environmental Control, with term to commence June 30, 1995, and to expire June 30, 1999:

6th Congressional District:

Mr. Roger Leaks, Jr., 4519 Robney Drive, Columbia, S.C. 29209

Referred to the Committee on Medical Affairs.

March 2, 1995
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Reappointments, Darlington County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

Honorable E. Preston Warr, 1317 Cartersville Highway, Lamar S.C. 29069

Honorable Clarence L. James, P.O. Box 447, Society Hill, S.C. 29593

The Honorable William Cleveland Morris, 202 East Richardson Circle, Hartsville, S.C. 29550

Received as information.

March 15, 1995
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

Initial Appointment, Commission on Women, with term to commence October 18, 1991, and to expire October 18, 1995:

At-Large:

Ms. Kathryn M. Kling, 1358 Forest Hill Drive, Aiken, S.C. 29801 VICE Sarah S. Rogers

Referred to the General Committee.

March 20, 1995
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

Reappointment, Darlington County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable Winfred L. Flowers, P.O. Box 782, Darlington, S.C. 29532

Received as information.

March 28, 1995
Mr. President and Members of the Senate:

Due to the resignation of the nominee, I respectfully request withdrawal from your consideration the appointment below.

Respectfully,
David M. Beasley

Initial Appointment, Charleston Naval Facilities Redevelopment Authority, with term to commence July 13, 1994, and to expire June 30, 1996:

Chairman:

Mr. C. Ronald Coward, 3045 Ashley Phosphate Road, North Charleston, S.C. 29418

Referred to the Committee on Labor, Commerce and Industry.

The following was received and referred to the appropriate committee for consideration:

Document No. 1854
Promulgated by Board of Education
Types and Levels of Credential Classification
Received by Lt. Governor March 16, 1995
Referred to Senate Committee on Education
120 day review expiration date February 20, 1996

Senator DRUMMOND introduced Dr. Julius (Juke) Leary of Greenwood, S.C., Doctor of the Day.

On motion of Senator PASSAILAIGUE, at 11:30 A.M., Senator RICHTER was granted a leave of absence for today.

The following were introduced:

S. 667 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-30-3 SO AS TO PROVIDE OBJECTIVES FOR THE ACADEMIC ACHIEVEMENT STANDARDS HEREINAFTER ESTABLISHED; TO ADD SECTION 59-30-5 SO AS TO PROVIDE THE STATE BOARD OF EDUCATION, WORKING WITH THE SOUTH CAROLINA EDUCATION STANDARDS AND ASSESSMENT COMMISSION, SHALL ADOPT CERTAIN ACADEMIC ACHIEVEMENT STANDARDS AND SHALL ESTABLISH AN ASSESSMENT SYSTEM TO MEASURE STUDENT PROGRESS IN MEETING THE ACADEMIC ACHIEVEMENT STANDARDS; TO ADD SECTION 59-30-7 SO AS TO PROVIDE FOR DEFINITIONS IN REGARD TO THESE STANDARDS AND THE ASSESSMENT SYSTEM; TO AMEND SECTION 59-30-10, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION CONCERNING THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO PROVIDE FOR A REVISED ASSESSMENT SYSTEM AND FOR ACADEMIC ACHIEVEMENT STANDARDS; TO AMEND SECTION 59-30-15, RELATING TO TESTING ARRANGEMENTS FOR STUDENTS WITH LEARNING DISABILITIES, SO AS TO PROVIDE THAT STUDENTS WITH DISCALCULIA, AND WITH OTHER DOCUMENTED LEARNING DISABILITIES IN MATHEMATICS, MAY USE A CALCULATOR ON THE MATHEMATICS PORTION OF THE EXIT EXAM; TO ADD SECTION 59-30-17 SO AS TO PROVIDE FOR THE DUTIES AND FUNCTIONS OF THE STATE BOARD OF EDUCATION IN CARRYING OUT THE ABOVE PROVISIONS; TO AMEND SECTION 59-30-20, AS AMENDED, RELATING TO THE BASIC SKILLS ADVISORY COMMISSION, SO AS TO RENAME IT THE EDUCATION STANDARDS AND ASSESSMENT COMMISSION, RECONSTITUTE ITS MEMBERSHIP AND DUTIES, REVISE ITS TERMINATION DATE, AND PROVIDE FOR A TECHNICAL ADVISORY GROUP; TO AMEND SECTION 59-30-30, RELATING TO THE DUTIES OF LOCAL SCHOOL BOARDS IN REGARD TO THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO REVISE THESE DUTIES IN CONFORMITY WITH THE ASSESSMENT SYSTEM AND THE ACADEMIC ACHIEVEMENT STANDARDS; TO AMEND SECTION 59-30-50, RELATING TO TIMETABLES IN REGARD TO BASIC SKILLS ASSESSMENT, SO AS TO PROVIDE TIMETABLES FOR THE ASSESSMENT SYSTEM AND ACADEMIC ACHIEVEMENT STANDARDS; TO AMEND SECTION 59-30-80, RELATING TO NOTIFICATION TO PARENTS OF A STUDENT'S FAILURE TO MEET CERTAIN STANDARDS, SO AS TO REVISE REFERENCES; AND TO ADD SECTION 59-30-95 SO AS TO PROVIDE THAT TEACHER EDUCATION INSTITUTIONS MUST WORK WITH THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION TO INCORPORATE THE TEACHING OF CURRICULUM, INSTRUCTION, AND ASSESSMENT IN PRE-SERVICE EDUCATION AND PROFESSIONAL DEVELOPMENT; AND TO AMEND SECTION 59-65-40, RELATING TO HOME SCHOOLING PROGRAMS, SO AS TO REQUIRE THESE STUDENTS TO PARTICIPATE IN THE ASSESSMENT SYSTEM ON A SPECIFIED BASIS.

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

S. 668 -- Senator Gregory: A BILL TO AMEND SECTION 17-15-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE OF RECOGNIZANCES, SO AS TO INCREASE THE AMOUNT OF JUDGMENTS ON RECOGNIZANCE A MAGISTRATE MAY CONFIRM TO FIVE HUNDRED DOLLARS PLUS FEES AND ASSESSMENTS.

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

S. 669 -- Senators J. Verne Smith and Leatherman: A BILL TO AMEND SECTION 44-6-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION ENTERING INTO CONTRACTS WITH OTHER AGENCIES, SO AS TO EXPAND WITH WHOM THE COMMISSION MAY CONTRACT FOR ELIGIBILITY DETERMINATIONS.

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

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 DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE.

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

S. 671 -- Senator Setzler: A SENATE RESOLUTION TO COMMEND JULIE HEDBERG SHAFFER, A TEACHER AT DUBOSE MIDDLE SCHOOL IN SUMMERVILLE, UPON BEING AWARDED A CERTIFICATE BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS RECOGNIZING HER ACHIEVEMENTS AND ACCOMPLISHMENTS AS A PROFESSIONAL EDUCATOR.

The Senate Resolution was adopted.

S. 672 -- Senator Setzler: A SENATE RESOLUTION TO COMMEND DONNA KURTZMAN, A TEACHER AT NORTH MYRTLE BEACH MIDDLE SCHOOL IN LITTLE RIVER, UPON BEING AWARDED A CERTIFICATE BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS RECOGNIZING HER ACHIEVEMENTS AND ACCOMPLISHMENTS AS A PROFESSIONAL EDUCATOR.

The Senate Resolution was adopted.

S. 673 -- Senator Setzler: A SENATE RESOLUTION TO COMMEND KATHLEEN ELAM, A TEACHER AT Z. L. MADDEN ELEMENTARY SCHOOL IN SPARTANBURG, UPON BEING AWARDED A CERTIFICATE BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS RECOGNIZING HER ACHIEVEMENTS AND ACCOMPLISHMENTS AS A PROFESSIONAL EDUCATOR.

The Senate Resolution was adopted.

S. 674 -- Senator Setzler: A SENATE RESOLUTION TO COMMEND CYNTHIA PRIDE, A TEACHER AT McCRACKEN MIDDLE SCHOOL IN HILTON HEAD, UPON BEING AWARDED A CERTIFICATE BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS RECOGNIZING HER ACHIEVEMENTS AND ACCOMPLISHMENTS AS A PROFESSIONAL EDUCATOR.

The Senate Resolution was adopted.

S. 675 -- Senator Setzler: A SENATE RESOLUTION TO COMMEND OLIVIA ORTMANN, A TEACHER AT BATES MIDDLE SCHOOL IN SUMTER, UPON BEING AWARDED A CERTIFICATE BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS RECOGNIZING HER ACHIEVEMENTS AND ACCOMPLISHMENTS AS A PROFESSIONAL EDUCATOR.

The Senate Resolution was adopted.

S. 676 -- Senator Setzler: A SENATE RESOLUTION TO COMMEND JEANNE C. SINK, A TEACHER AT ST. ANDREWS HIGH SCHOOL IN CHARLESTON, UPON BEING AWARDED A CERTIFICATE BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS RECOGNIZING HER ACHIEVEMENTS AND ACCOMPLISHMENTS AS A PROFESSIONAL EDUCATOR.

The Senate Resolution was adopted.

H. 3851 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND MICHELLE SCHWENDIMANN OF INMAN FOR BEING SELECTED AS A FINALIST IN THE 1995-96 CONGRESS-BUNDESTAG YOUTH EXCHANGE PROGRAM AND TO WISH FOR HER A VERY REWARDING AND CHALLENGING SCHOOL YEAR IN GERMANY.

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

H. 3865 -- Reps. Scott, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION RECOGNIZING AND SUPPORTING NATIONAL FAIR HOUSING MONTH, APRIL 1995, IN SOUTH CAROLINA.

Whereas, April 1995, is National Fair Housing Month; and

Whereas, the purpose of Fair Housing Month is to recognize, support, and encourage the right of every person, regardless of race, color, creed, gender, or national origin, to purchase and live in the housing of his choice and to have the affordability to decide where to live; and

Whereas, the Greater Columbia Community Relations Council has a full agenda planned for Fair Housing Month, including a poster contest on April 6, 1995, with posters submitted by students from Richland School Districts One and Two depicting what fair housing means to children; and

Whereas, the National Association of Real Estate Brokers, founded in 1947 for the purpose of providing democracy in housing, under its present leadership, National President Larry Cameron of Atlanta, Georgia, joins in participation with The South Carolina Chapter of The National Association of Real Estate Brokers in a partnership with the Greater Columbia Community Relations Council in recognizing Realtist Week and Fair Housing Month; and

Whereas, among many other activities, there will also be a Housing Fair held at Seawell's Restaurant in Columbia on April 29, 1995; and

Whereas, the purpose of Fair Housing Month is laudatory and deserves recognition and support by the people of South Carolina. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, recognizes and supports National Fair Housing Month, April 1995, in South Carolina.

Be it further resolved that a copy of this resolution be forwarded to the appropriate officials or organizations planning and holding celebrations of Fair Housing Month.

Referred to the Committee on Labor, Commerce and Industry.

H. 3117 -- Reps. Cato, Riser and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-935 SO AS TO PROVIDE REQUIREMENTS FOR CONSUMER LEASES FOR AUTOMOBILES.

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

H. 3459 -- Reps. Martin, R. Smith, A. Young, Kelley, McCraw, Baxley, Wright, Meacham, Clyburn, Askins, Neilson, Allison, Townsend, Lanford, Sandifer, S. Whipper, Jennings, Shissias, Fulmer, Simrill, McKay, J. Harris, Huff, Delleney, Thomas, Wells, Gamble, L. Whipper, Limbaugh, Phillips, Walker, Littlejohn, Harrison, Boan, Davenport, D. Smith, Wofford, Spearman, Robinson, Hallman, Harrell, Hines, Sharpe, Rice, Cato and Mason: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 SO AS TO PROHIBIT HARASSMENT AND STALKING, TO PROVIDE DEFINITIONS, TO PROVIDE PENALTIES, AND TO AUTHORIZE TEMPORARY RESTRAINING ORDERS; AND TO REPEAL SECTION 16-3-1070, RELATING TO THE CRIME OF STALKING.

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

H. 3526 -- Reps. Jaskwhich, Herdklotz, Vaughn, Tripp, Cato, Easterday and Haskins: A BILL TO AMEND SECTION 50-11-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO INCLUDE ROLLING GREEN RETIREMENT COMMUNITY IN GREENVILLE COUNTY.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 3552 -- Reps. Jennings, Tucker, Baxley, Chamblee, Stuart, Canty, Richardson, Askins, Inabinett, Littlejohn, Meacham, Sandifer, Lanford, Wofford, Herdklotz, Moody-Lawrence, Quinn, Law, Sheheen, McCraw, Whatley, Shissias, Kirsh, Fleming, Stille, Limbaugh, Lloyd, Huff, Cain, Seithel, Hines, Wells, Allison, Vaughn, Davenport, Tripp, Easterday, D. Smith, Dantzler, J. Harris, Klauber and Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 56 SO AS TO REQUIRE MOTOR VEHICLE MANUFACTURERS TO DISCLOSE POST-MANUFACTURING DAMAGES AND REPAIRS IN WRITING TO MOTOR VEHICLE DEALERS, TO REQUIRE MOTOR VEHICLE DEALERS TO DISCLOSE TO MOTOR VEHICLE PURCHASERS IN WRITING NEW CAR DAMAGES WHICH EXCEED THREE PERCENT OF THE "MANUFACTURER'S SUGGESTED RETAIL PRICE", AND TO DEFINE "MANUFACTURER'S SUGGESTED RETAIL PRICE".

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

H. 3665 -- Reps. Gamble, Cato, Worley, G. Brown and L. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-933 SO AS TO PROVIDE REQUIREMENTS FOR CONSUMER LEASES FOR AUTOMOBILES.

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

Senator GIESE from the Committee on Medical Affairs submitted a favorable report on:

S. 546 -- Senators Glover and Ford: A BILL TO AMEND CHAPTER 1, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-260 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR A PERSON PERFORMING AN EARLY PERIODIC SCREENING, DIAGNOSIS, AND TREATMENT SCREENING (EPSDT) OR EXAMINATION OF A CHILD TO REFER THE CHILD TO AN APPROPRIATE AGENCY FOR AN ASSISTIVE TECHNOLOGY EVALUATION IF IT IS DETERMINED THAT THE CHILD MAY BENEFIT FROM SUCH TECHNOLOGY.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Medical Affairs submitted a favorable report on:

H. 3190 -- Reps. P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Rhoad, Shissias and Wilkes: A BILL TO AMEND SECTIONS 43-21-10 AND 43-21-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION ON AGING IN THE OFFICE OF THE GOVERNOR AND ITS ADVISORY COMMISSION SO AS TO CHANGE ITS NAME TO THE ADVISORY COUNCIL AND REVISE ITS COMPOSITION AND TO PROVIDE FOR NOMINATIONS TO BE MADE FROM WHICH THE GOVERNOR SHALL MAKE THE APPOINTMENTS WITH THE ADVICE AND CONSENT OF THE SENATE.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Medical Affairs submitted a favorable report on:

H. 3577 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CAMPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1807, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Columbia, S.C., March 23, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3534 -- Reps. Wilkins, Tripp, Knotts, Whatley, Harrell, Wofford, A. Young, Hutson, Sandifer, Walker, Littlejohn, Herdklotz, Jaskwhich, Meacham, Fleming, Cain, Kelley, Simrill, Law, Mason, Jennings, Kennedy, Cato, Rice, Klauber, Stuart, Gamble, J. Young, Cotty, Shissias, Haskins, Harrison, Riser, Huff, Robinson, Marchbanks, H. Brown, Witherspoon, Baxley, Lanford, Waldrop and Easterday: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTER 10 ENACTING THE ENTERPRISE ZONE ACT OF 1995 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF ENTERPRISE ZONES IN WHICH VARIOUS TAX INCENTIVES MAY APPLY FOR BUSINESSES, TO PROVIDE THE CRITERIA FOR AREAS TO QUALIFY AS ENTERPRISE ZONES, TO PROVIDE THAT BUSINESSES QUALIFY FOR ENTERPRISE ZONE INCENTIVES BY MEANS OF ENTERING INTO A REVITALIZATION AGREEMENT WITH THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, TO PROVIDE INCENTIVES, DEPENDING ON ELIGIBILITY, THAT INCLUDE THE MAXIMUM CREDIT ALLOWED UNDER THE TARGETED JOBS TAX CREDIT AND AN ADDITIONAL CREDIT FOR EMPLOYEES FORMERLY RECEIVING AFDC, FEE IN LIEU OF TAXES FOR PROPERTY TAXES, RETAINING AN AMOUNT OF EMPLOYEE WAGES NOT TO EXCEED FIVE PERCENT FOR FIFTEEN YEARS FOR DEVELOPMENT EXPENSES AND ALLOWING INDIVIDUAL INCOME TAX CREDITS FOR EMPLOYEES AND WITHHOLDING TAX CREDITS FOR EMPLOYERS AND EMPLOYEES EQUAL TO THE RETAINED AMOUNT, AND TO PROVIDE THE CRITERIA FOR SELECTING OF QUALIFYING BUSINESSES AND PROJECTS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

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

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

S. 547 -- Senator Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 15, TITLE 56 SO AS TO PROVIDE REQUIREMENTS FOR WHOLESALE MOTOR VEHICLE AUCTIONS AND FOR WHOLESALE MOTOR VEHICLE AUCTION LICENSE PLATES.

S. 96 -- Senators McConnell, Rose, Wilson, Giese and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-175 SO AS TO PROVIDE THAT A MOTOR VEHICLE USED AND OWNED BY A PERSON IN THE THEFT OF PROPERTY MAY BE CONFISCATED.

S. 517 -- Senator Patterson: A BILL TO AMEND SECTION 8-11-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT FOR PRIOR STATE SERVICE IN COMPUTING BONUS LEAVE EARNINGS AND OTHER RELATED MATTERS, SO AS TO INCREASE FROM TEN TO TWENTY THE MAXIMUM NUMBER OF YEARS FOR WHICH CERTAIN EMPLOYEES SHALL RECEIVE CREDIT FOR PRIOR STATE SERVICE FOR PURPOSES OF COMPUTING BONUS EARNINGS.

Senator PATTERSON explained the Bill.

S. 600 -- Senator Bryan: A BILL TO AMEND SECTION 62-3-1203(b), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUMMARY ADMINISTRATIVE PROCEDURE UNDER THE SOUTH CAROLINA PROBATE CODE, SO AS TO CLARIFY THAT NO INVENTORY AND APPRAISAL IS REQUIRED WHEN THE APPOINTED PERSONAL REPRESENTATIVE IS THE SOLE DEVISEE OR SOLE HEIR OF AN ESTATE.

S. 288 -- Senators Greg Smith and Reese: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2155 SO AS TO PROVIDE SPECIAL LICENSE PLATES FOR MEMBERS OF THE CHARLESTON COUNTY AND GEORGETOWN COUNTY PILOTAGE COMMISSIONS.

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 third reading of the Bill.

Senator MARTIN proposed the following amendment (7R001.LAM):

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 department 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.

Senator MARTIN spoke on the amendment.

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

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

S. 662 -- Senators Passailaigue, McConnell, Rose, Washington, Ford, Richter and Greg Smith: A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEVELOPMENT AUTHORITIES, SO AS TO REVISE THE MEMBERSHIP OF A REDEVELOPMENT AUTHORITY BOARD AND ITS POWERS, DUTIES, AND RESPONSIBILITIES.

Senator PASSAILAIGUE explained the Bill.

H. 3826 -- Reps. Carnell, McAbee, Boan, Hallman and Keegan: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE JOHN DE LA HOWE SCHOOL.

Senator LEATHERMAN explained the Bill.

H. 3107 -- Reps. Sheheen and S. Whipper: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 18 SO AS TO PROVIDE FOR THE PROCEDURES APPLICABLE FOR THE VARIOUS RETIREMENT SYSTEMS IN ACTING ON JUDICIAL ORDERS PROVIDING FOR ALIMONY OR MARITAL PROPERTY RIGHTS AFFECTING CERTAIN BENEFITS PAYABLE BY THE SYSTEM.

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

Senator LAND explained the Bill.

Senators HOLLAND and SALEEBY objected to further consideration of the Bill.

H. 3775 -- Reps. H. Brown, Wofford, Williams, Law and Dantzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1275 SO AS TO ALLOW CREDITS AGAINST THE CORPORATE INCOME TAX, CORPORATE LICENSE TAX, SALES AND USE TAX, LOCAL OPTION SALES AND USE TAX, AND SIMILAR TAXES FOR A TAXPAYER CONSTRUCTING OR OPERATING A QUALIFIED RECYCLING FACILITY AND TO DEFINE "QUALIFIED RECYCLING FACILITY" AND OTHER TERMS ASSOCIATED WITH THIS CREDIT; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE IN LIEU OF TAXES, SO AS TO PROVIDE SPECIAL PROVISIONS FOR A FEE IN LIEU AGREEMENT FOR A PROJECT THAT IS A QUALIFIED RECYCLING FACILITY; TO AMEND SECTION 12-7-1200, RELATING TO THE ACCOUNTING BASIS OF INCOME TAX RETURNS, SO AS TO AUTHORIZE SEPARATE ACCOUNTING FOR THE BUSINESS ACTIVITIES OF A TAXPAYER BUILDING OR OPERATING A QUALIFIED RECYCLING FACILITY WITH THE APPROVAL OF THE DEPARTMENT OF REVENUE AND TAXATION AFTER THE CERTIFICATION OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT PROPERTY AND FUELS USED BY OR FOR A QUALIFIED RECYCLING FACILITY.

Senator PASSAILAIGUE explained the Bill.

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

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

S. 375 -- Senators Jackson and Courtney: A BILL TO AMEND SECTION 53-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNTY ACCOMMODATION TAX EXEMPTION FROM THE SUNDAY WORK LAWS, SO AS TO PROVIDE THAT A COUNTY MUST COLLECT THE REQUISITE REVENUE IN ONE YEAR AND TO PROVIDE THAT AFTER A COUNTY INITIALLY QUALIFIES, THIS EXEMPTION IS PERMANENT; AND TO PROVIDE A REFERENDUM TO BE HELD STATEWIDE AT THE TIME OF THE 1996 GENERAL ELECTION ON THE QUESTION OF WHETHER SUNDAY WORK SHALL CONTINUE TO BE PROHIBITED, SUBJECT TO AN EMPLOYEE'S RIGHT TO ELECT NOT TO WORK ON SUNDAY, WITH RESULTS TO BE DETERMINED ON A COUNTY-BY-COUNTY BASIS AND THE PROHIBITION EXPIRING JANUARY 1, 1997, IN A COUNTY WITH A MAJORITY "NO" VOTE.

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

Senator COURTNEY spoke on the motion.

Senator THOMAS made a Parliamentary Inquiry as to whether or not the required vote was two-thirds of the membership of the Senate or two-thirds of those present and voting.

The PRESIDENT stated that the required vote was two-thirds of those members present.

A division vote was taken, resulting in a vote of 26-5.

The Bill, S. 375, was made a Special Order.

Senators THOMAS and J. VERNE SMITH desired to be recorded as voting against the motion to make the Bill a Special Order.

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, RELATING TO AUTOMOBILE INSURANCE AND COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, AUTOMOBILE INSURERS, INCLUDING THOSE COMPANIES WRITING PRIVATE PASSENGER PHYSICAL DAMAGE COVERAGES ONLY, MAY, RATHER THAN "SHALL", MAKE COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE AVAILABLE TO AN INSURED OR QUALIFIED APPLICANT WHO REQUESTS THE COVERAGE; TO AMEND SECTION 38-77-735, AS AMENDED, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND THE PLAN FOR CREDITS AND DISCOUNTS, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE THAT IF AN INSURANCE CREDIT OR DISCOUNT PLAN, OTHER THAN THAT PROMULGATED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE, IS GIVEN TO AN INSURED PURSUANT TO THIS SECTION, THE POLICY MAY NOT BE CEDED TO THE REINSURANCE FACILITY; AND TO PROVIDE THAT RECOUPMENT FEES FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE FOR THE TWELVE MONTHS ENDING JUNE 30, 1996, SHALL NOT EXCEED THE LEVEL CHARGED DURING THE TWELVE-MONTH PERIOD ENDING JUNE 30, 1995, AND THAT REINSURANCE FACILITY LOSSES UNRECOUPED DUE TO THIS PROVISION SHALL BE RECOUPED EVENLY DURING THE THREE-YEAR PERIOD BEGINNING JULY 1, 1996.

On behalf of the Chairmen's Committee, Senator SALEEBY moved that the Bill be made a Special Order.

The Bill, S. 628, was made a Special Order.

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

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

Having received a favorable report from the Darlington County Delegation, the following appointments were confirmed in open session:

Reappointments, Darlington County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

Honorable Winfred L. Flowers, Post Office Box 782, Darlington, S.C. 29532

Honorable E. Preston Warr, 1317 Cartersville Highway, Lamar, S.C. 29069

The Honorable William Cleveland Morris, 202 East Richardson Circle, Hartsville, S.C. 29550

Honorable Clarence L. James, Post Office Box 447, Society Hill, S.C. 29593

Senator COURSON asked unanimous consent to make a motion that, when the Senate adjourns, it stand adjourned to meet Wednesday, March 29, 1995, at 11:30 A.M., which motion was adopted.

At 12:40 P.M., on motion of Senator HOLLAND, the Senate adjourned to meet tomorrow at 11:30 A.M.

This web page was last updated on Monday, June 29, 2009 at 2:09 P.M.