Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear words from the Epistle to the Hebrews, Chapter 3 (vv.4-5):

"For every house is built by someone,

but the builder of all things is

God.

Now Moses was faithful in all God's

house as a servant..."
Let us pray.

We know, O Lord, that this domed house of granite is a house of God just as surely as any synagogue, or temple, or church, or cathedral.

We worship here in labor and prayer.

Forgive us when we sometimes try to separate the secular from the sacred, thinking that God is concerned only with the sacred.

Teach us, Heavenly Father, to know that every hour is sacred, and every area of life is sacred, and we are but workers, servants, like Moses, in Your vineyard.

Help us to be like Moses, faithful as servants.

Amen.

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

Senator MARTIN introduced Dr. Larry Winn of Easley, S.C., Doctor of the Day.

Columbia, S.C., April 12, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed the initial appointment:

Initial Appointment, Prisoner of War Commission, with term to commence July 1, 1993, and to expire July 1, 1997:

6th Congressional District:

Mr. Harry Everett Thomas, Jr., 1008 Woodstone Drive, Florence, S.C. 29501-5555

Very respectfully,
Speaker of the House

Received as information.

Senator WILLIAMS asked unanimous consent to make a motion that when the Senate stands adjourned, that it stand adjourned to meet tomorrow at 10:00 A.M. in Statewide Session, under the provisions of Rule 1 for the exclusive purpose of taking up local matters and uncontested statewide matters which have previously received unanimous consent to be taken up; and, further, that no quorum calls will be made; and, that when the Senate stands adjourned on Thursday, it stand adjourned to reconvene on Tuesday, April 18, 1995, at 12:00 Noon.

There was no objection and the motion was adopted.

On motion of Senator WILLIAMS, with unanimous consent, the Senate staff was granted a holiday on Good Friday, April 14, 1995.

On motion of Senator WILLIAMS, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.

The following were introduced:

S. 735 -- Senator Bryan: A BILL TO AMEND SECTION 38-71-737, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR COVERAGE OF PSYCHIATRIC CONDITIONS IN GROUP HEALTH INSURANCE POLICIES, SO AS TO INCREASE MINIMUM BENEFITS ON AN OPTIONAL RIDER OR ENDORSEMENT FOR A GROUP HEALTH INSURANCE POLICY.

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

S. 736 -- Senator Russell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-370 SO AS TO PROVIDE THAT A STATE-SUPPORTED COLLEGE OR UNIVERSITY MAY NOT ELIMINATE AN INSTITUTE OR RESEARCH CENTER UNDER ITS JURISDICTION, OR REDUCE THE FISCAL SUPPORT AN INSTITUTE OR RESEARCH CENTER RECEIVES FROM THE COLLEGE OR UNIVERSITY IN ANY FISCAL YEAR BY MORE THAN A STIPULATED PERCENTAGE, WITHOUT THE CONSENT OF THE GENERAL ASSEMBLY BY ACT OR JOINT RESOLUTION.

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

S. 737 -- Senator Waldrep: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-26 SO AS TO PROVIDE THAT CHILDREN WHO WILL ATTAIN THE AGE OF FIVE AFTER SEPTEMBER FIRST BUT ON OR BEFORE NOVEMBER FIRST MAY ATTEND PUBLIC KINDERGARTEN UNDER CRITERIA DEVELOPED BY THE STATE BOARD OF EDUCATION.

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

S. 738 -- Senators Holland, Land and Courtney: A BILL TO AMEND SECTION 14-1-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF SALARIES OF SUPREME COURT JUSTICES, COURT OF APPEALS, CIRCUIT COURT, AND FAMILY COURT JUDGES, AND CIRCUIT SOLICITORS, SO AS TO INCREASE THE SALARIES OF CIRCUIT SOLICITORS.

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

S. 739 -- Senators Bryan and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-212 SO AS TO DEFINE FEDERAL LAW ENFORCEMENT OFFICER, TO PERMIT A FEDERAL LAW ENFORCEMENT OFFICER TO ENFORCE THE STATE'S CRIMINAL LAWS UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT A FEDERAL LAW ENFORCEMENT OFFICER IS NOT AN OFFICER, EMPLOYEE, OR AGENT OF A STATE OR LOCAL LAW ENFORCEMENT AGENCY, MAY NOT CONDUCT AN INDEPENDENT INVESTIGATION INTO A VIOLATION OF STATE LAW, AND IS SUBJECT TO THE FEDERAL TORT CLAIMS ACT.

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

S. 740 -- Senator Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 TO CHAPTER 3, TITLE 16, SO AS TO PROVIDE THAT, WHEN A CRIME IS COMMITTED AGAINST A PERSON SIXTY YEARS OF AGE OR OLDER, THE COURT MUST IMPOSE AN ADDITIONAL TERM OF IMPRISONMENT.

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

S. 741 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 40-22-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS FOR REGISTRATION AS A PROFESSIONAL LAND SURVEYOR, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, FOR GRADUATION FROM A SCHOOL OR COLLEGE OF TWO OR MORE YEARS WITH AN ASSOCIATE DEGREE IN AN ABET COMMISSION ACCREDITED CURRICULUM OF ENGINEERING TECHNOLOGY OR LAND SURVEYING, INCLUDING COMPLETED COURSES IN SURVEYING AND MAPPING OF NOT LESS THAN TWELVE SEMESTER HOURS OR THE EQUIVALENT IN QUARTER HOURS SATISFACTORY TO THE BOARD; TO AMEND SECTION 40-22-240, RELATING TO THE QUALIFICATIONS FOR REGISTRATION AS A TIER B PROFESSIONAL LAND SURVEYOR, SO AS TO PROVIDE FOR FIFTEEN, RATHER THAN TWELVE, SEMESTER HOURS OR THE EQUIVALENT IN QUARTER HOURS OF SURVEYING, MAPPING, HYDRAULICS, AND HYDROLOGY COURSES; TO AMEND SECTION 40-22-250, RELATING TO THE QUALIFICATIONS FOR CERTIFICATION AS LAND SURVEYOR-IN-TRAINING, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, FOR THE COMPLETION OF COURSES IN SURVEYING AND MAPPING OF NOT LESS THAN TWELVE SEMESTER HOURS OR THE EQUIVALENT IN QUARTER HOURS; AND TO AMEND SECTION 40-22-280, RELATING TO ENGINEERS AND LAND SURVEYORS, APPLICATIONS FOR REGISTRATION, AND REFERENCES, SO AS TO CHANGE THE PROVISIONS CONCERNING REFERENCES FOR ENGINEERING REGISTRATION AND LAND SURVEYING REGISTRATION.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 742 -- Senator Matthews: A BILL TO AMEND TITLE 59, CHAPTER 127, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 SO AS TO CREATE A SPECIAL SCHOOL DISTRICT AT SOUTH CAROLINA STATE UNIVERSITY, THE FELTON LABORATORY SCHOOL DISTRICT, TO ESTABLISH ITS BOARD AND THE BOARD'S DUTIES AND FUNCTIONS, AND TO PROVIDE FOR FUNDING FOR THE DISTRICT AS PREVIOUSLY APPROPRIATED TO THE FELTON LABORATORY SCHOOL.

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

S. 743 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION CONGRATULATING SOUTH CAROLINA NATIVE RODNEY HUCKABY FOR RECEIVING TOP HONORS IN THIS YEAR'S STATE MIGRATORY WATERFOWL STAMP COMPETITION DURING THE SOUTHEASTERN WILDLIFE EXPOSITION AND FOR HAVING HIS PAINTING FEATURED ON THE 1995-96 STATE MIGRATORY WATERFOWL STAMP.

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

H. 3969 -- 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 TO CONGRATULATE MRS. SANDRA R. LEATHERWOOD OF ST. MARTIN DE PORRES CATHOLIC SCHOOL IN COLUMBIA UPON BEING NOMINATED FOR THE NATIONAL AWARD OF "OUTSTANDING TEACHER OF MATH AND SCIENCE" AND TO EXPRESS APPRECIATION FOR HER MANY YEARS OF DEDICATED SERVICE TO THE CATHOLIC SCHOOL SYSTEM.

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

H. 3970 -- Reps. 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, Scott, 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, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA TO THE FRIENDS AND FAMILY OF WILLIAM WALTER WILKINS, SR., FATHER OF OUR SPEAKER OF THE HOUSE OF REPRESENTATIVES, DAVID H. WILKINS, WHO DIED ON FRIDAY, APRIL 7, 1995.

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

H. 3972 -- Rep. Stuart: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE SWANSEA HIGH SCHOOL "LADY TIGERS" VARSITY BASKETBALL TEAM UPON WINNING THE 1995 CLASS AA STATE CHAMPIONSHIP.

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

H. 3974 -- Reps. Klauber, Carnell, McAbee and Stille: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE GREENWOOD HIGH SCHOOL "LADY EAGLES" VARSITY BASKETBALL TEAM AND COACHES FOR A TRULY OUTSTANDING SEASON BY WINNING THE 1995 CLASS AAAA STATE CHAMPIONSHIP.

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

H. 3301 -- Reps. L. Whipper, Neilson, Askins, Inabinett, Hines, Govan, Harvin, Harwell, Lloyd, Phillips, Moody-Lawrence, Breeland, Neal, Williams, Byrd, S. Whipper, Canty, Cave, Richardson, Beatty and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-180 SO AS TO AUTHORIZE A STATE EMPLOYEE WHO IS A CERTIFIED DISASTER SERVICE VOLUNTEER FOR THE AMERICAN RED CROSS NOT MORE THAN FIFTEEN DAYS PAID LEAVE IN A YEAR TO PARTICIPATE IN SPECIALIZED DISASTER RELIEF SERVICES OF THE AMERICAN RED CROSS AND TO MAKE SUCH LEAVE AVAILABLE ONLY WITH THE APPROVAL OF THE EMPLOYEE'S EMPLOYER.

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

H. 3558 -- Reps. White and McTeer: A BILL TO AMEND SECTION 20-7-1410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF FAMILY COURT JUDGES FOR EACH JUDICIAL CIRCUIT, SO AS TO PROVIDE THAT NO COUNTY IN THE FOURTEENTH CIRCUIT AS WELL AS THE SIXTH CIRCUIT SHALL HAVE MORE THAN ONE RESIDENT FAMILY COURT JUDGE, AND TO PROVIDE THAT THIS PROVISION SHALL NOT PRECLUDE THE REELECTION OF ANY INCUMBENT FAMILY COURT JUDGE IF THIS WOULD RESULT IN MORE THAN ONE RESIDENT FAMILY COURT JUDGE FROM A PARTICULAR COUNTY IN THESE CIRCUITS.

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

H. 3952 -- Rep. McAbee: A BILL TO ESTABLISH THE BOARD OF ELECTION AND REGISTRATION FOR MCCORMICK COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR MCCORMICK COUNTY, AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE BOARD OF ELECTION AND REGISTRATION, PROVIDE FOR APPROPRIATIONS FOR THE OPERATION OF THE BOARD, PROVIDE FOR NECESSARY OFFICE SPACE, TELEPHONE SERVICE, AND EQUIPMENT FOR THE BOARD, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE MCCORMICK COUNTY ELECTION COMMISSION AND THE MCCORMICK COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW MCCORMICK COUNTY BOARD OF ELECTION AND REGISTRATION UNTIL THE MEMBERS OF THE NEW BOARD APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.

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

Senator COURSON from the Committee on Invitations polled out S. 712 favorable:

S. 712 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO INVITE THE SOUTH CAROLINA YOUNG MEN'S CHRISTIAN ASSOCIATION'S MIDDLE SCHOOL MODEL LEGISLATURE PROGRAM TO OBSERVE THE HOUSE AND SENATE IN SESSION ON THURSDAY, MAY 4, 1995, AND TO AUTHORIZE THE SOUTH CAROLINA YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER AND THE CHAMBER OF THE HOUSE OF REPRESENTATIVES ON FRIDAY, MAY 5, 1995, TO CONDUCT A MIDDLE SCHOOL MODEL LEGISLATURE PROGRAM.

Courson                   Peeler                    Wilson
Thomas                    Patterson                 Stilwell
Passailaigue

Matthews                  Russell                   O'Dell

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out S. 713 favorable:

S. 713 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER, THE CHAMBER OF THE HOUSE OF REPRESENTATIVES, AND THE COMMITTEE HEARING ROOMS IN THE BLATT AND GRESSETTE BUILDINGS ON THURSDAY, NOVEMBER 30, 1995, AND FRIDAY, DECEMBER 1, 1995, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.

Courson                   Peeler                    Wilson
Thomas                    Patterson                 Stilwell
Passailaigue

Matthews                  Russell                   O'Dell

Ordered for consideration tomorrow.

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

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

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.

(By prior motion of Senator LEVENTIS, with unanimous consent)

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

S. 732 -- Senator Drummond: A BILL TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMISSION FROM SEVEN TO ELEVEN MEMBERS.

On motion of Senator DRUMMOND, S. 732 was ordered to receive a third reading on Thursday, April 13, 1995.

H. 3728 -- Reps. Hallman, Fulmer, Seithel, Whatley, Harrell, Hutson, S. Whipper and Limehouse: A BILL TO PROVIDE THAT THE CHARLESTON COUNTY BOARD OF ASSESSMENT CONTROL IS ABOLISHED AND ITS POWERS AND DUTIES DEVOLVED UPON THE CHARLESTON COUNTY COUNCIL.

On motion of Senator PASSAILAIGUE, H. 3728 was ordered to receive a third reading on Thursday, April 13, 1995.

S. 64 -- Senators McConnell, Rose, Wilson and Gregory: A BILL TO AMEND SECTION 24-21-680, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PRISONER'S VIOLATION OF PAROLE, SO AS TO PROVIDE FOR THE FORFEITURE OF EARNED CREDITS UPON A VIOLATION.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Corrections and Penology.

The Corrections and Penology Committee proposed the following amendment (DKA\3872CM.95), which was adopted:

Amend the bill, as and if amended, Section 24-21-680, SECTION 1, page 1, by inserting after /parole/ on line 31 /by committing a criminal offense/.

When amended, the section reads:

/Section 24-21-680. Upon failure of any a prisoner released on parole under the provisions of this chapter to do or refrain from doing any of the things a thing set forth and required to be done by and under the terms of his parole, the parole agent must issue a warrant or citation charging the violation of parole, and a final determination must be made by the board as to whether the prisoner's parole should be revoked and whether he should be required to serve any part of the remaining unserved sentence. But such The prisoner must be eligible to parole thereafter when and if the board thinks such parole would be proper. When a prisoner violates parole by committing a criminal offense, his work, educational, good time, and other credits earned up to the violation and used to reduce the term of his imprisonment are forfeited. The board shall be is the sole judge as to of whether or not a parole has been violated and no appeal therefrom shall be is allowed; provided, that any. A person arrested for violation of terms of parole may be released on bond, for good cause shown, pending final determination of the violation by the Probation, Parole and Pardon board. No bond shall may be granted except by the presiding or resident judge of the circuit wherein in which the prisoner is arrested, or, if there be is no judge within such the circuit, by the judge, presiding or resident, in an adjacent circuit, and the judge granting the bond shall determine the amount thereof of the bond./

Amend title to conform.

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

S. 734 -- Senators O'Dell and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF STATE HIGHWAY 20 IN ANDERSON COUNTY FROM WILLIAMSTON SOUTHWARD THROUGH BELTON TO THE ABBEVILLE COUNTY LINE AS THE "ERNEST ALLEN BURRISS MEMORIAL HIGHWAY".

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

H. 3524 -- Rep. Limbaugh: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 16, 1995, FOR ITS ANNUAL STATE HOUSE MEETING.

The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the Concurrent Resolution.

The Invitations Committee proposed the following amendment (3524R001.JEC), which was adopted:

Amend the bill, as and if amended, by adding on line 21, the following:

/If the renovations to the State House or the relocation of the personnel to the Carolina Plaza render either or both of these locations unsuitable, in the judgment of the Clerks of the Senate and the House of Representatives, then the unsuitable location may not be used. In such case, the clerks shall make an effort to fully accommodate the participants in the Gressette and Blatt Buildings. /

Amend title to conform.

There being no further amendments, the Concurrent Resolution was adopted and ordered returned with amendments.

H. 3674 -- Rep. Spearman: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 15, 1995, AND FRIDAY, JUNE 16, 1995.

The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the Concurrent Resolution.

The Invitations Committee proposed the following amendment (3674R001.JEC), which was adopted:

Amend the bill, as and if amended, by adding, on line 24, the following:

/If the renovations to the State House or the relocation of the personnel to the Carolina Plaza render either or both of these locations unsuitable, in the judgment of the Clerks of the Senate and the House of Representatives, then the unsuitable location may not be used. In such case, the clerks shall make an effort to fully accommodate the participants in the Gressette and Blatt Buildings. /

Amend title to conform.

There being no further amendments, the Concurrent Resolution was adopted and ordered returned to the House with amendments.

S. 696 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 142 SO AS TO ESTABLISH THE SOUTH CAROLINA NEED-BASED GRANT PROGRAM WHERE QUALIFYING UNDERGRADUATE STUDENTS IN A PUBLIC OR INDEPENDENT INSTITUTION OF HIGHER LEARNING IN THE STATE OF SOUTH CAROLINA MAY RECEIVE STATE GRANTS FOR TUITION AND FEES AT THESE INSTITUTIONS, AND TO PROVIDE FOR THE TERMS, CONDITIONS, AND PROCEDURES FOR THESE NEED-BASED GRANTS.

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

Senator BRYAN proposed the following Amendment No. 1 (S-EDUC\696.04):

Amend the bill, as and if amended, on page 1, line 40 by inserting after the phrase /a high school diploma/ the following:

/or ranks in the upper fifty percent of the total number of his classmates after one year in the public or independent institution of higher learning/.

Amend the bill further, as and if amended, on page 2, by striking lines 11 and 12.

Renumber items to conform.

Amend title to conform.

Senator BRYAN explained the amendment.

Senators STILWELL and GIESE argued contra to the adoption of the amendment.

Senator THOMAS spoke on the amendment.

Senator BRYAN argued in favor of the adoption of the amendment.

On motion of Senator GIESE, with unanimous consent, the Bill was carried over, Senator BRYAN retaining the floor.

H. 3606 -- Rep. Richardson: A BILL TO AMEND SECTION 27-32-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF VACATION TIME SHARING PLAN, SO AS TO REVISE THE DEFINITION OF VACATION TIME SHARING OWNERSHIP PLAN TO, AMONG OTHER THINGS, PROVIDE THAT SUCH A PLAN IS AN INTEREST IN SUCH PROPERTY, TO ALLOW SUCH A PLAN TO BE CREATED IN A CONDOMINIUM ESTABLISHED FOR A TERM OF YEARS IN LEASEHOLD INTEREST OF MORE THAN THIRTY YEARS, AND PROVIDE THAT ALL SUCH INTERESTS ARE RECOGNIZED AS INTERESTS IN REAL PROPERTY, AND TO REVISE THE DEFINITION OF VACATION TIME SHARING LEASE PLAN SO AS TO PROVIDE THAT THESE LEASES DO NOT CONVEY AN INTEREST IN REAL PROPERTY.

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

Senator COURTNEY explained the Bill.

Senator ELLIOTT objected to further consideration of the Bill and asked unanimous consent to give notice of general amendments.

There was no objection.

S. 705 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 118 SO AS TO ENACT THE SOUTH CAROLINA ACADEMIC ENDOWMENT INCENTIVE ACT OF 1995 WHICH PERMITS CERTAIN STATE-SUPPORTED COLLEGES AND UNIVERSITIES TO ESTABLISH AN ACADEMIC ENDOWMENT INCENTIVE TRUST FUND THE DISBURSEMENTS FROM WHICH SHALL BE MATCHED BY THE STATE ON A FIFTY PERCENT BASIS TO PROVIDE FUNDS TO SUPPORT ACADEMIC SCHOLARSHIPS, NEED-BASED TUITION ASSISTANCE, ACADEMIC PROGRAMS SPECIFICALLY DEVELOPED TO IMPROVE THE QUALITY OF TEACHER EDUCATION AND FACULTY POSITIONS NECESSARY TO PROVIDE TEACHER EDUCATION IN AREAS DETERMINED TO BE OF CRITICAL NEED.

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

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, 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 PASSAILAIGUE spoke on the Bill.

With Senator PASSAILAIGUE retaining the floor, Senator HOLLAND was granted leave, with unanimous consent, to speak on the Bill.

With Senator PASSAILAIGUE retaining the floor, Senator SALEEBY was granted leave, with unanimous consent, to speak on the Bill.

With Senator PASSAILAIGUE retaining the floor, Senator DRUMMOND moved that the Senate stand adjourned.

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

On motion of Senator WILLIAMS, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:

Having been reported favorably from Executive Session, on motion of Senator LEVENTIS, the following appointment was confirmed:

Reappointment, South Carolina Tobacco Advisory Commission, with term to commence September 15, 1993, and to expire September 15, 1995:

Farm Bureau:

Mr. Floyd Coleman Worley, 172 Worley Lane, Nichols, S.C. 29581

Having been reported favorably from Executive Session, on motion of Senator SETZLER, the following appointment was confirmed:

Reappointment, State Agency of Vocational Rehabilitation, with term to commence March 15, 1994, and to expire March 15, 2001:

2nd Congressional District:

Mr. Phillip J. Canders, 10 Sly Fox Run, Blythewood, S.C. 29016

Having been reported favorably from Executive Session, on motion of Senator DRUMMOND, the following appointment was confirmed:

Initial Appointment, Executive Director of the South Carolina Department of Revenue and Taxation, with term to commence February 1, 1995, and to expire at the pleasure of the Governor:

Mr. Burnet R. Maybank, III, 655 Old Plantation Road, Charleston, S.C. 29401

Having been reported favorably from Executive Session, on motion of Senator WILSON, the following appointment was confirmed:

Initial Appointment, Director of the Department of Social Services, with term to commence January 12, 1995, and to expire at the pleasure of the Governor:

Mr. James T. Clark, Director, Department of Social Services, Post Office Box 1520, Columbia, S.C. 29202-1520 VICE J. Samuel Griswold

Having been reported favorably from Executive Session, on motion of Senator WILLIAMS, the following appointments were confirmed:

Initial Appointment, State Human Affairs Commission, with term to commence June 30, 1993, and to expire June 30, 1996:

2nd Congressional District:

Mrs. Jo-Anne B. Whitehead, 113 Fifeshire Drive, Columbia, S.C. 29212 VICE Robert D. Hazel (moved to At-Large member)

1st Congressional District:

Mr. Darrel W. Givens, 82 Brisbane Drive, Charleston, S.C. 29407 VICE Robert P. Pickering (resigned)

Reappointment, State Ethics Commission, with term to commence May 31, 1995, and to expire May 31, 2000:

2nd Congressional District:

Mr. Edward E. Duryea, 3 Riverside Lane, Beaufort, S.C. 29902

Initial Appointment, State Commission for Minority Affairs, with term to commence June 30, 1993, and to expire June 30, 1995:

6th Congressional District:

Ms. Angela A. Grooms, 806-E Parker Drive, Florence, S.C. 29501

Having been reported favorably from Executive Session, on motion of Senator J. VERNE SMITH, the following appointments were confirmed:

Initial Appointment, Director of Department of Labor, Licensing and Regulation, with term to commence January 23, 1995, and to expire at the pleasure of the Governor:

Mr. Lewis F. Gossett, Department of Labor, Licensing and Regulation, Post Office Box 11329, Columbia, S.C. 29211 VICE Virgil W. Duffie, Jr. (resigned)

Reappointment, South Carolina State Housing Finance and Development Authority, with term to commence August 15, 1994, and to expire August 15, 1998:

At-Large:

Mrs. Rebecca K. Swindell, Post Office Box 955, Bamberg, S.C. 29003

Reappointment, Jobs Economic Development Authority, with term to commence July 28, 1994, and to expire July 28, 1997:

5th Congressional District:

Mr. Terry B. Wiley, 1939 South Paraham Road, York, S.C. 29745

MOTION ADOPTED
On motion of Senator SETZLER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Margaret Love Spires, mother of Lowell Spires, Jr. of Cayce, S.C.

At 12:46 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 10:00 A.M.

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