Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:30 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 word from St. Luke, Chapter 21 (vv. 25-28):

"There will be signs in the sun, the

moon, and the stars, and on the earth

distress among nations confused by the roar-

ing of the sea and the waves...

Stand up and raise your heads, because your

redemption is drawing near."
Let us pray.

Our Father, and the God of all mankind, grant us this day a serenity of heart, a peacefulness of spirit, and the alertness of mind, which will enable us to more clearly discern our tasks.

If we should be disturbed by the immediacy of our problems, give us the overview of the long range.

Renew our confidence in the knowledge that where there is a conflict between the wind and the tide, the outcome is never in doubt.

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

Initial Appointment, South Carolina Arts Commission, with term to commence June 30, 1995, and to expire June 30, 1998:

At-Large:

Ms. Judith W. Cooter, 700 McDaniel Avenue, Greenville, S.C. 29605 VICE John Whitehead

Referred to the General Committee.

March 2, 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, South Carolina Commission on Archives and History, with term to commence February 7, 1995, and to expire coterminous with the Governor:

At-Large:

Mr. William L. Kinney, Jr., Post Office Box 656, Bennettsville, S.C. 29512

Referred to the General Committee.

March 3, 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, Board of Health and Environmental Control, with term to commence June 30, 1993, and to expire June 30, 1997:

2nd Congressional District:

Mr. Brian K. Smith, 412 Oak Brook Drive, Columbia, S.C. 29223 VICE John Hay Burriss (as 2nd Congressional District member)

Referred to the Committee on Medical Affairs.

March 6, 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

Initial Appointment, South Carolina Real Estate Appraisers Board, with term to commence May 31, 1995, and to expire May 31, 1998:

Appraiser:

Mr. Herbert R. Sass, III, 719 Milldenhall Road, Mt. Pleasant, S.C. 29464 VICE Robert O. Lighthart, Jr.

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, State Human Affairs Commission, with term to commence June 30, 1994, and to expire June 30, 1997:

4th Congressional District:

Mr. Michael R. Watkins, 14 Bransfield Road, Greenville, S.C. 29615 VICE Anthony D. Bell

Referred to the Committee on Judiciary.

March 7, 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, State Human Affairs Commission, with term to commence June 30, 1995, and to expire June 30, 1998:

5th Congressional District:

Mr. Robert A. Reagan, 2441 Jerico Road, Sumter, S.C. 29153 VICE Suzanne Smith

Referred to the Committee on Judiciary.

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

Reappointment, Commission on Women, with term to commence October 18, 1995, and to expire October 18, 1999:

At-Large:

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

Referred to the General Committee.

March 23, 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, South Carolina Arts Commission, with term to commence June 30, 1993, and to expire June 30, 1996:

At-Large:

Mr. Larry F. Lebby, 32 DeLane Drive, Columbia, S.C. 29204

Referred to the General Committee.

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

Document No. 1818
Promulgated by LLR - Board of Accountancy
Experience while obtaining required education; reinstatement of license after revocation; form of organization and name
Received by Lt. Governor March 24, 1995
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date February 28, 1996

Document No. 1848
Promulgated by Department of Health and Environmental Control
Emergency Medical Services
Received by Lt. Governor March 27, 1995
Referred to Senate Committee on Medical Affairs
120 day review expiration date March 2, 1996

The following was received:

Document No. 1811
Promulgated by Department of Health and Environmental Control
Public Swimming Pools
Received by Lt. Governor January 24, 1995
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 24, 1995
Withdrawn and resubmitted March 24, 1995

Senator RUSSELL introduced Dr. Harry Kinard of Spartanburg, S.C., Doctor of the Day.

On motion of Senator PASSAILAIGUE, at 12:15 P.M., Senator RICHTER was granted a leave of absence for today.

At 12:00 Noon, Senator PASSAILAIGUE 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 11:15 A.M.

There was no objection and a message was sent to the House accordingly.

S. 331 -- Senator Wilson: A BILL TO AMEND TITLE 44 OF THE 1976 CODE BY ADDING CHAPTER 117 SO AS TO CREATE THE INDIVIDUAL MEDICAL ACCOUNT ACT ALLOWING A PERSON TO DEPOSIT FUNDS IN AN ACCOUNT ESTABLISHED AS A TRUST FOR THE PURPOSE OF PAYING THE MEDICAL, DENTAL, AND LONG-TERM CARE EXPENSES OF THE ACCOUNT HOLDER AND TO PROVIDE FOR THE DUTIES OF THE TRUSTEE, TO PROVIDE A TAX EXEMPTION ON INTEREST EARNED, AND TO PROVIDE FOR THE WITHDRAWAL OF FUNDS.

Senator MOORE asked unanimous consent to make a motion to recall the Bill from the Committee on Medical Affairs.

There was no objection.

On motion of Senator MOORE, with unanimous consent, the Bill was committed to the Committee on Finance.

The following were introduced:

S. 677 -- Senator Leventis: A JOINT RESOLUTION TO DIRECT THE CLEMSON UNIVERSITY LIVESTOCK-POULTRY HEALTH DIVISION TO ESTABLISH A QUARANTINE FOR LARYNGOTRACHEITIS, AN INFECTIOUS AND COMMUNICABLE POULTRY DISEASE, AND TO PROVIDE REQUIREMENTS FOR THE QUARANTINE.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 678 -- Senators Lander, Leventis, Elliott, Gregory, Matthews and Waldrep: A BILL TO AMEND TITLE 44, CHAPTER 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HAZARDOUS WASTE, BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR DRYCLEANING FACILITY DISCHARGE REHABILITATION, TO CREATE THE DRYCLEANING FACILITY RESTORATION TRUST FUND AND PROVIDE FOR ITS USES, TO ESTABLISH PROCEDURES FOR RECEIVING SITE REHABILITATION FUNDS, TO REQUIRE DRYCLEANING FACILITIES TO REGISTER AND PAY FEES, TO ESTABLISH SURCHARGES FOR CONDUCTING A DRYCLEANING BUSINESS OR FOR PRODUCING OR IMPORTING DRYCLEANING SOLVENTS, AND TO ESTABLISH THE DRYCLEANING ADVISORY COUNCIL AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 679 -- Senator Passailaigue: A BILL TO AMEND CHAPTER 7 OF TITLE 52, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 52-7-30, RELATING TO THE POWERS OF THE STATE ATHLETIC COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION MAY EXEMPT FROM ITS REGULATIONS CERTAIN SCHOOLS, BUSINESSES, AND ASSOCIATIONS THAT PROVIDE INSTRUCTION IN THE COMBATIVE SPORTS, TO DEFINE CERTAIN TERMS; AND TO FURTHER AMEND CHAPTER 7, BY ADDING SECTION 52-7-145 SO AS TO BAN CONTESTS INVOLVING MORE THAN ONE OF THE COMBATIVE SPORTS AND COMBATIVE SPORTS EVENTS INVOLVING THE USE OF WEAPONS.

Read the first time and referred to the General Committee.

S. 680 -- Senators Leventis, Ryberg, Rose and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1995" AND TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN INDIVIDUALS TO CARRY CONCEALED WEAPONS.

Senators LEVENTIS, DRUMMOND, WASHINGTON and ROSE spoke on the Bill.

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

S. 681 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1995" AND TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN INDIVIDUALS TO CARRY CONCEALED WEAPONS.

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

S. 682 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-31-220 SO AS TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN PERSONS TO CARRY CONCEALED WEAPONS OR FIREARMS; TO PROVIDE DEFINITIONS; AND TO PROVIDE PENALTIES.

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

S. 683 -- Senator Courson: A JOINT RESOLUTION TO AMEND ARTICLE V, SECTION 15 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE QUALIFICATIONS FOR THE CHIEF JUSTICE, ASSOCIATE JUSTICES OF THE SUPREME COURT, JUDGE OF THE COURT OF APPEALS OR JUDGE OF THE CIRCUIT COURT, SO AS TO AUTHORIZE THE GENERAL ASSEMBLY TO SPECIFY QUALIFICATIONS.

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

S. 684 -- Senator Wilson: A BILL TO AMEND SECTION 25-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ADJUTANT GENERAL, SO AS TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE 1998 GENERAL ELECTION, THE ADJUTANT GENERAL MUST BE APPOINTED BY THE GOVERNOR FOR A TERM OF FOUR YEARS COTERMINOUS WITH THAT OF THE GOVERNOR, AND TO PROVIDE THAT THE ABOVE PROVISIONS ARE EFFECTIVE UPON THE RATIFICATION OF AN AMENDMENT TO SECTION 7, ARTICLE VI AND SECTION 4, ARTICLE XIII OF THE CONSTITUTION OF THIS STATE DELETING THE REQUIREMENT THAT THE STATE ADJUTANT GENERAL BE ELECTED BY THE QUALIFIED ELECTORS OF THIS STATE.

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

S. 685 -- Senators Land, Holland, Bryan, Giese, J. Verne Smith, Wilson, Greg Smith, Hayes, Saleeby, Moore, Courson, Courtney, Jackson, Rankin, Martin, Thomas, Williams, Patterson, McConnell, Russell, Waldrep and Cork: A BILL TO AMEND SECTION 14-5-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDICIAL CIRCUITS SO AS TO INCREASE THE AT-LARGE NUMBER OF JUDGES FROM TEN TO THIRTEEN; TO AMEND SECTION 14-8-10, RELATING TO THE COURT OF APPEALS, SO AS TO INCREASE THE NUMBER OF ASSOCIATE JUDGES FROM FIVE TO EIGHT; TO AMEND SECTION 14-8-80, RELATING TO PANELS ON THE COURT OF APPEALS SO AS TO INCREASE THE NUMBER OF PANELS FROM TWO TO THREE; TO AMEND SECTION 14-8-90, RELATING TO THE COURT OF APPEALS SITTING EN BANC SO AS TO CONFORM TO THE INCREASE IN THE NUMBER OF ASSOCIATE JUDGES; TO AMEND SECTION 20-7-1410, RELATING TO FAMILY COURT JUDGES, SO AS TO INCREASE THE NUMBER OF JUDGES IN THE NINTH AND THIRTEENTH CIRCUITS FROM FOUR TO FIVE AND TO INCREASE THE NUMBER IN THE FIFTEENTH CIRCUIT FROM TWO TO THREE; TO PROVIDE THAT THE TERMS OF ALL JUDGES ADDED BY THIS ACT BEGIN JANUARY 1, 1996; AND TO PROVIDE THAT THE TERMS OF THE ASSOCIATE JUDGES OF THE COURT OF APPEALS ADDED BY THIS ACT ARE STAGGERED.

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

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.

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

S. 687 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF REVENUE, RELATING TO VIDEO GAME MACHINES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1827, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3651 -- Rep. H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-330 SO AS TO ESTABLISH THE STATE PROPERTY TAX CREDIT FUND AND REQUIRE ANNUAL APPROPRIATIONS TO THE FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-251 SO AS TO ALLOW A HOMESTEAD EXEMPTION FROM PROPERTY TAXES OTHER THAN THOSE LEVIED FOR BONDED INDEBTEDNESS EQUAL TO TWENTY-EIGHT THOUSAND FIVE HUNDRED DOLLARS OF FAIR MARKET VALUE ESCALATING, DEPENDING ON REVENUES IN THE STATE PROPERTY TAX CREDIT FUND TO A COMPLETE EXEMPTION FROM ALL TAXES EXCEPT THOSE LEVIED FOR BONDED INDEBTEDNESS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-217 SO AS TO REQUIRE TRIENNIAL REASSESSMENT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-75, AND 59-73-35 SO AS TO IMPOSE SPENDING LIMITS ON COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE DISTRICTS AND IMPOSE AN AD VALOREM TAX REVENUE LIMITATION ON SCHOOL DISTRICTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-350 SO AS TO PROVIDE A STANDARDIZED TAX BILL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-60 SO AS TO PROVIDE FOR NOTICE REQUIREMENTS FOR LOCAL GOVERNMENT BUDGETING.

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

Senator WILSON from the General Committee submitted a favorable report on:

S. 282 -- Senators Lander and Hayes: A BILL TO AMEND SECTION 25-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO BE COMMISSIONED OR ENLISTED IN THE SOUTH CAROLINA STATE GUARD, SO AS TO PROVIDE THAT A PERSON MUST BE A UNITED STATES CITIZEN AND RESIDENCY IN SOUTH CAROLINA IS NOT REQUIRED.

Ordered for consideration tomorrow.

Senator WILSON from the General Committee submitted a favorable report on:

S. 599 -- Senator Thomas: A BILL TO AMEND SECTION 43-33-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., SO AS TO AUTHORIZE THE BOARD TO CHANGE ITS CORPORATE NAME IN THE SAME MANNER AS ANY OTHER NONPROFIT CORPORATION AND TO PROVIDE THAT THE POWERS AND DUTIES OF THE SYSTEM ARE CONSIDERED THE POWERS AND DUTIES OF A SUCCESSOR CORPORATION.

Ordered for consideration tomorrow.

Senator DRUMMOND from the Committee on Finance submitted a favorable report on:

S. 645 -- Senators Drummond and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 9-1-1970, 9-8-240, 9-9-240, AND 9-11-350 SO AS TO CONFORM THE COMPENSATION OF MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, GENERAL ASSEMBLY RETIREMENT SYSTEM, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM TAKEN INTO ACCOUNT FOR PURPOSES OF CALCULATING BENEFITS TO THE PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 AND TO PROVIDE EXCEPTIONS.

Ordered for consideration tomorrow.

Senator WILSON from the General Committee submitted a favorable report on:

H. 3143 -- Reps. D. Smith, Inabinett, Kelley, Seithel and Cain: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-130 SO AS TO PROVIDE FOR GOLF WEEK.

Ordered for consideration tomorrow.

Senator WILSON from the General Committee submitted a favorable report on:

H. 3487 -- Reps. Hutson, Moody-Lawrence, Baxley, Jennings, Cain, Neilson, Quinn, Cromer, Harrison, Cobb-Hunter, Cave, L. Whipper, Bailey, Sharpe, McElveen, Worley, S. Whipper, Koon, Knotts, Kennedy, Law, Walker, Wilder, Simrill, White, Inabinett, Limehouse, Fulmer, J. Harris, Robinson, Kelley, Wells, Trotter, Neal, Williams, Shissias, Hines, Keyserling, Riser, Rhoad, Kinon, Harwell, Witherspoon, Davenport, Seithel, Whatley, Richardson, J. Brown, Byrd, McMahand, H. Brown, G. Brown, Townsend, R. Smith, J. Young, Spearman, Carnell, D. Smith, Herdklotz, Huff, Rice, Vaughn, Stuart, Stille, Meacham, Wright, Wilkes, Limbaugh, Lloyd, Keegan, Haskins, Phillips, Wofford, McAbee, P. Harris, Hodges, Tucker, Dantzler, Askins, Howard, Lanford, Klauber and Allison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-692 SO AS TO DESIGNATE SOUTH CAROLINA GROWN TEA AS THE OFFICIAL HOSPITALITY BEVERAGE OF THE STATE.

Ordered for consideration tomorrow.

S. 663 -- Senators Hayes, Peeler, Gregory and Short: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF ONE OF THIS STATE'S MOST RESPECTED CITIZENS, GEORGE ANDERSON DOUGLAS SR. OF ROCK HILL, WHO PASSED AWAY FRIDAY, MARCH 3, 1995.

Returned with concurrence.

Received as information.

S. 664 -- Senators J. Verne Smith, Russell, Reese and Courtney: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ONE OF THIS STATE'S MOST PROMINENT ART EDUCATORS, DR. CHRISTINE DAVIS, UPON BEING NAMED THE 1995 NATIONAL ART EDUCATION ASSOCIATION (NAEA) NATIONAL SECONDARY ART EDUCATOR OF THE YEAR.

Returned with concurrence.

Received as information.

S. 665 -- Senators J. Verne Smith, Martin and Alexander: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ONE OF THIS STATE'S MOST PROMINENT ART EDUCATORS, MS. ELIZABETH SMITH, THE RECIPIENT OF THE 1995 NATIONAL ART EDUCATION ASSOCIATION (NAEA) DISTINGUISHED SERVICE AWARD.

Returned with concurrence.

Received as information.

S. 666 -- Senators J. Verne Smith, Peeler, Hayes, Gregory and Short: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ONE OF THIS STATE'S MOST PROMINENT ART EDUCATORS, DR. MARGARET JOHNSON, UPON BEING NAMED THE 1995 NATIONAL ART EDUCATION ASSOCIATION (NAEA) NATIONAL HIGHER EDUCATION DIVISION ART EDUCATOR OF THE YEAR.

Returned with concurrence.

Received as information.

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

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

S. 27 -- Senator Mescher: A BILL TO AMEND SECTION 7-13-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTIONS, SO AS TO DELETE PROVISIONS REQUIRING THE STATE ELECTION COMMISSION TO VERIFY THE APPOINTEES AS REPRESENTING CERTAIN POLITICAL PARTIES AND PROVIDE A PROCEDURE FOR THE VERIFICATION TO BE MADE TO THE COUNTY LEGISLATIVE DELEGATION BY THE COUNTY POLITICAL PARTY.

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.

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

Senator HAYES proposed the following amendment (JIC\5706HTC.95), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___.   A.   Item 6 of the schedule contained in the first paragraph of Section 12-37-930 of the 1976 Code is amended by adding at the end:

"(c)   Electronic Interconnection Component Assembly Devices for Computers and Computer Peripherals   30%

Includes the manufacture of interconnection component assemblies and devices which are incorporated in computers or computer peripherals. Computer peripherals include tape drives, compact disk read-only memory systems, hard disks, drivers, tape streamers, monitors, printers, and power supplies."

B.   The penultimate paragraph of Section 12-37-930 of the 1976 Code, as last amended by Act 516 of 1994, is further amended to read:

"In no event may the original cost be reduced more than eighty percent, except this limit is ninety percent for custom molds and dies used in the conduct of manufacturing electronic interconnection component assembly devices for computers and computer peripherals. In the year of acquisition, depreciation is allowed as if the property were owned for the full year. The term 'original cost' means gross capitalized cost, including property on which the taxpayer made the election allowed pursuant to Section 179 of the Internal Revenue Code of 1986, as shown by the taxpayer's records for income tax purposes. For purposes of this paragraph, custom molds and dies used in the conduct of manufacturing electronic interconnection component assembly devices for computers and computer peripherals are molds and dies designed, produced, and conditioned to the special order of a manufacturer."/

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

Senator HAYES proposed the following amendment (JIC\5707HTC.95), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___.   Section 12-7-1220(H)(2) of the 1976 Code, as last amended by Section 48, Part II, Act 171 of 1991, is further amended to read:

"(2)   'Full-time' means a job requiring a minimum of thirty-five hours of an employee's time a week for the entire normal year of company operations or a job requiring a minimum of thirty-five hours of an employee's time for a week for a year in which the employee was hired initially for or transferred to the South Carolina facility. For the purposes of this section, two half-time jobs are considered one full-time job. A 'half-time job' is a job requiring a minimum of twenty hours of an employee's time a week for the entire normal year of the company's operations or a job requiring a minimum of twenty hours of an employee's time a week for a year in which the employee was hired initially for or transferred to the South Carolina facility."/

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

Senator HAYES proposed the following amendment (PT\1876HTC.95), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION   ____.   A.   The 1976 Code is amended by adding:

"Section 12-10-80.   (A)   Upon certification by the council to the department of the council's determination that a business is a qualifying business, a qualifying business may collect a job development fee by retaining an amount of employee withholding permitted by subsection (C) or (D), but not both, for the purposes permitted by subsection (B) or (D), respectively. The amount withheld must be maintained in an escrow account with a bank which is insured by the Federal Deposit Insurance Corporation. To the extent the money is not used as permitted by subsection (B) or (D), it must be treated as misappropriated employee withholding. Employee withholding may not be retained from an employee whose job was created in this State before the entry of the qualifying business into a revitalization agreement. If a qualifying business retains employee withholding under this section, it shall make its payroll books and records available for inspection by the council and the department at the times the council and the department request. Each qualifying business retaining employee withholding under this section shall file with the council and the department the information and documentation respecting the retention and use of the employee withholding according to the revitalization agreement. Each qualifying business which retains in excess of ten thousand dollars in any calendar year shall furnish an audited report prepared by an independent certified public accountant which itemizes the sources and uses of the funds. The audited report must be filed with the council and the department no later than April fifteenth following the calendar year of the retention. Each qualifying business retaining employee withholding under this section is allowed a credit against the withholding tax liability provided in Chapter 9 of this title otherwise owed to the State, the credit not to exceed the lesser of the amount of such tax or the aggregate amount of employee withholding retained. No employer may withhold an amount that results in any employee ever receiving a smaller amount of wages on either a weekly or on an annual basis than the employee would otherwise receive in the absence of this chapter.

(B)   A qualifying business may collect a job development fee under the revitalization agreement for a period not to exceed fifteen years. A qualifying business must create at least ten new, full-time jobs at the South Carolina facility described in the revitalization agreement. Capital expenditures from the escrow account must be expended at the above-described facility or for utility or transportation improvements that serve this facility. The qualifying business may expend funds from the escrow account if (a) the expenditures are incurred during the term of the revitalization agreement, (b) the expenditures from the escrow account are authorized by the revitalization agreement, (c) the expenditures are approved in writing by the council and the department prior to expenditure, and (d) the expenditures are for any of the following purposes:

(1)   training costs and facilities;

(2)   acquiring and improving real estate whether acquired by lease, purchase, installment payment, or otherwise, the escrow account can be spent only for capital improvements made after entering a revitalization agreement;

(3)   improvements to both public and private utility systems including water, sewer, electricity, natural gas, and telecommunications;

(4)   fixed transportation facilities including highway, rail, water, and air; and

(5)   construction or improvements of any real property and fixtures constructed or improved primarily for the purpose of complying with local, state, or federal environmental laws or regulations.

(C)   The total amount retained from employee withholding by the qualifying business may not exceed the sum of the following amounts:

(1)   two percent of the gross wages of each new employee who earns six dollars or more an hour but less than eight dollars an hour;

(2)   three percent of the gross wages of each new employee who earns eight dollars or more an hour but less than ten dollars an hour;

(3)   four percent of the gross wages of each new employee who earns ten dollars or more an hour but less than fifteen dollars an hour; and

(4)   five percent of the gross wages of each new employee who earns fifteen dollars or more an hour.

The hourly gross wage figures set forth in this section must be adjusted annually by an inflation factor determined by the State Budget and Control Board.

(D)   Subject to the conditions in this section, any qualifying business in an enterprise zone may negotiate with the council to retain from employee withholding an amount equal to five hundred dollars a year for each production employee being retrained, where this retraining is necessary for the qualifying business to remain competitive or to introduce new technologies. This retraining must be approved by and performed by the technical college under the jurisdiction of the State Board for Technical and Comprehensive Education serving the designated enterprise zone. In addition to the yearly limits, the amount retained from employee withholding may not exceed two thousand dollars over five years for each production employee being retrained. Additionally, the qualifying business must match on a dollar-for-dollar basis the amount retained from employee withholding. The total amount retained from withholding and all of the qualifying business' matching funds must be paid to the technical college that provides the training to defray the cost of the training program. Any training cost in excess of the job development fees and matching funds is the responsibility of the qualifying business based on negotiations with the technical college.

(E)   Each qualified business which has retained employee withholding under this section, shall report each employee's state withholding to the United States, this State, and the employee as if the retained withholding had been paid over to the State pursuant to Chapter 9 of this title.

(F)   Any job development fee of a qualifying business permanently lapses upon expiration or termination of the revitalization agreement. In the event of termination, the qualifying business shall immediately cease to retain employee withholding and immediately cease spending funds from the escrow account. Within thirty days of the expiration or termination of the revitalization agreement, the qualifying business shall pay over all the funds remaining in the escrow account to the department as withholding taxes.

(G)   For purposes of the job development fee allowed by this section, an employee is a person whose job was created in this State."

B.   The provisions of Section 12-10-80 of the 1976 Code as added by this section supersede the provisions of Section 12-10-80 of the 1976 Code as added by the enactment of H.3534 of 1995./

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

Senators COURSON, JACKSON, PATTERSON and GIESE proposed the following amendment (DKA\3857HTC.95), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION __.   A.   The 1976 Code is amended by adding:

"Section 12-10-40.   Annually, by December thirty-first, using the most current data available, the State Budget and Control Board shall designate the enterprise zones within this State as provided in this section. Each enterprise zone must be located in this State and meet one of the following criteria:

(1)   consist of a census tract in which either the median household income is eighty percent or less of the state average, or at least twenty percent of households are below the poverty level according to the most recent United States census;

(2)   consist of a county classified as less developed pursuant to Section 12-7-1220;

(3)   be located in a federal military base or installation which was closed, or designated to be closed, or in a federal facility in which the permanent employment was reduced by three thousand or more jobs after December 31, 1990;

(4)   consist of a census tract with at least one hundred manufacturing jobs, at least fifty percent of which are textile and apparel jobs;

(5)   consist of a census tract where a manufacturing facility has closed or experienced permanent layoffs and notified the Employment Security Commission under the federal Worker Adjustment and Retaining Notification (WARN) Act of 1988. The enterprise zone designation applies only for five years after the date of closure or layoff, and the number of jobs permanently lost must equal twenty-five percent or more of the total manufacturing workforce in the tract at the time the layoff occurred. The job loss shall have occurred no more than five years prior to the effective date of this chapter, except in any census tract where a catastrophic loss of one thousand or more jobs from a single employer has occurred since 1980 and fewer than half the job losses have been replaced. Any such tract will remain an enterprise zone until at least half the catastrophic job losses have been replaced. Where a municipality in which the catastrophic job loss occurred is split by census tracts, each tract containing any part of the municipality meets the catastrophic job loss criteria;

(6)   consist of a census tract, any part of which is within twenty miles of a federal facility that has reduced its permanent civilian employment by three thousand or more jobs after December 31, 1990, for ten years after the effective date of this chapter; or

(7)   consist of a census tract in which a penal institution operated by the South Carolina Department of Corrections has closed."

B.   The provisions of Section 12-10-40 of the 1976 Code as added by this act are intended to supersede the provisions of Section 12-10-40 of the 1976 Code as added by the enactment of H. 3534 of 1995./

Renumber sections to conform.

Amend title to conform.

Senator COURSON explained the amendment.

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.

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

H. 3659 -- Rep. Cato: A BILL TO AMEND ACT 199 OF 1971, AS AMENDED, RELATING TO THE NORTH GREENVILLE FIRE DISTRICT, SO AS TO PROVIDE THAT MEMBERS OF THE GOVERNING BODY MUST BE ELECTED ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF ODD-NUMBERED YEARS AND PROVIDE THAT THE TERMS OF MEMBERS SERVING ON THE EFFECTIVE DATE OF THIS ACT ARE EXTENDED UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.

On motion of Senator J. VERNE SMITH, H. 3659 was ordered to receive a third reading on Thursday, March 30, 1995.

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.

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.

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.

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.

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

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.

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

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.

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

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

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

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.

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

Senator THOMAS spoke on the Bill.

Senator THOMAS proposed the following Amendment No. 1 (375R003.DLT), which was adopted:

Amend the bill, as and if amended, page 5, after line 11, by adding an appropriately numbered subsection to read:

/( ) Notwithstanding the provisions of subsections (A) through (G), the referendum provided by subsection (B) must be held in a county which qualified for the exemption provided in Section 53-1-150 after May 8, 1985."/

Amend title to conform.

Senator THOMAS explained the amendment.

Senator THOMAS moved that the amendment be adopted.

The amendment was adopted.

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

Senators J. VERNE SMITH, BRYAN, ALEXANDER, WILSON and SETZLER desired to be recorded as voting against the third reading of the Bill.

At 12:40 P.M., Senator DRUMMOND moved that the Senate stand adjourned.

The Senate refused to adjourn.

Senator DRUMMOND requested a roll call vote.

Senator McCONNELL raised a Point of Order that the request came too late.

The PRESIDENT sustained the Point of 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.

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

Senator SALEEBY spoke on the Bill.

With Senator SALEEBY retaining the floor, Senator WILLIAMS asked unanimous consent to make a motion that the Senate stand adjourned.

Debate was interrupted by adjournment, Senator SALEEBY retaining the floor.

At 12:43 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

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