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S. 230 -- Senators Richter, Leventis, Rose, Rankin and Passailaigue: A BILL TO AMEND SECTION 24-21-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVIEW OF A PRISONER'S CASE FOR PAROLE, SO AS TO PROVIDE THAT AFTER A SECOND NEGATIVE DETERMINATION, THE PRISONER'S CASE SUBSEQUENTLY SHALL BE REVIEWED AT DATES DETERMINED BY THE BOARD, WHICH MAY BE MORE THAN TWELVE MONTHS AFTER A PREVIOUS NEGATIVE DETERMINATION.

S. 597 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-18-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HYBRID STRIPED BASS, SO AS TO CHANGE THE DEFINITION OF PROCESSOR.

S. 614 -- Senator McConnell: A BILL TO AMEND SECTION 50-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF AREAS FOR THE GATHERING OF OYSTERS, SO AS TO INCLUDE CLAMS, PROVIDE FOR PERSONS WHO MAY GATHER THE OYSTERS AND CLAMS,

S. 688 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-13-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME FISH BREEDERS, SO AS TO PROVIDE THAT LICENSED INDIVIDUALS MAY SELL, OFFER FOR SALE, AND TRANSPORT CERTAIN CULTURED GAME FISH TO STOCK OR RESTOCK CULTURED GAME FISH THAT EXCEEDS FOUR INCHES IN OVERALL LENGTH, TO PROVIDE A DEFINITION FOR CULTURED GAME FISH, AND TO MAKE OTHER GRAMMATICAL AND TECHNICAL CHANGES.

S. 397 -- Senator Ryberg: A BILL TO AMEND SECTION 61-1-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIRCUMSTANCES UNDER WHICH A PARTIAL REFUND IS ALLOWED OF A LICENSED BEER, WINE, OR ALCOHOLIC LIQUOR LICENSE OR PERMIT FEE, SO AS TO PROVIDE A PARTIAL REFUND FOR ANY REASON WHICH RESULTED IN THE CLOSE OF THE LICENSED OR PERMITTED ESTABLISHMENT DURING THE FIRST YEAR OF THE BIENNIAL PERIOD AND TO PROVIDE FOR SUCH REFUNDS FOR BIENNIAL LICENSES OR PERMITS ISSUED AFTER JUNE 30, 1992.

Senator COURTNEY asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

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

Senator CORK proposed the following amendment (397R001.HAC), which was adopted:

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

/SECTION 1. Section 12-33-210 of the 1976 Code, as last amended by Act 501 of 1992, is further amended by adding at the end:

SECTION 2. Section 61-1-105 of the 1976 Code is amended to read:

"Section 61-1-105. If a biennial licensee or permittee under this title closes the licensed or permitted business for loss of the business lease or due to fire or other natural disaster or dies within for any reason during the first year of the biennial license or permit year period, the licensee or permittee or his estate must be refunded the amount of the license or permit fee attributable to the second year of the biennial license or permit year period. No licensee or permittee is eligible for a refund under the provisions of this section if the license or permit has been canceled, relinquished, or revoked as a result of an enforcement action or a failure to adhere to the conditions of the license or permit."

SECTION 3. Section 61-3-710 of the 1976 Code, as last amended by Section 1583, Act 181 of 1993, is further amended to read:

"Section 61-3-710. (A) Licenses issued under this chapter expire biennially according to the county where the licensed location is situated. The expiration dates are the last day of:

(1) February in years which end in an:

(a) odd number for Allendale, Bamberg, Barnwell, Beaufort, and Berkeley counties;

(b) even number for Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, and Williamsburg counties;

(2) May in years which end in an:

(a) odd number for Cherokee, Chester, Chesterfield, Darlington, Dillon, Fairfield, Florence, and Horry counties;

(b) even number for Lancaster, Marion, Marlboro, Union, and York counties;

(3) August in years which end in an:

(a) odd number for Calhoun, Kershaw, Lee, Orangeburg, and Sumter counties;

(b) even number for Richland County;

(4) November in years which end in an:

(a) odd number for Abbeville, Aiken, Anderson, Edgefield, Greenville, and Greenwood counties;

(b) even number for Laurens, Lexington, McCormick, Newberry, Oconee, Pickens, Saluda, and Spartanburg counties.

(B) (1) Licensees in Abbeville, Aiken, Anderson, Calhoun, Edgefield, Greenville, Greenwood, Kershaw, Lee, Orangeburg, and Sumter counties

(C) The department shall prorate license fees for license years 1992-94 according to the time the licenses are valid."

SECTION 4. Section 61-5-70 of the 1976 Code, as last amended by Section 1584, Act 181 of 1993, is further amended to read:

"Section 61-5-70. (A) Licenses issued under this article expire biennially according to the county where the licensed location is situated. The expiration dates are the last day of:

(1) February in years which end in an:

(a) odd number for Allendale, Bamberg, Barnwell, Beaufort, and Berkeley counties;

(b) even number for Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, and Williamsburg counties;

(2) May in years which end in an:

(a) odd number for Cherokee, Chester, Chesterfield, Darlington, Dillon, Fairfield, Florence, and Horry counties;

(b) even number for Lancaster, Marion, Marlboro, Union, and York counties;

(3) August in years which end in an:

(a) odd number for Calhoun, Kershaw, Lee, Orangeburg, and Sumter counties;

(b) even number for Richland County;

(4) November in years which end in an:

(a) odd number for Abbeville, Aiken, Anderson, Edgefield, Greenville, and Greenwood counties;

(b) even number for Laurens, Lexington, McCormick, Newberry, Oconee, Pickens, Saluda, and Spartanburg counties.
(B) (1) Licensees in Abbeville, Aiken, Anderson, Calhoun, Edgefield, Greenville, Greenwood, Kershaw, Lee, Orangeburg, and Sumter counties shall obtain a one-year license in 1992. Beginning in 1993 these licensees shall obtain a biennial license.

(C) The department shall prorate license fees for license years 1992-94 according to the time the license is valid."

SECTION 5. Section 61-9-310 of the 1976 Code, as last amended by Section 1586, Act 181 of 1993, is further amended to read:

"Section 61-9-310. (A) Every person engaging in the business of selling beer, ale, porter, wine, or a beverage which has been declared to be nonalcoholic and nonintoxicating under Section 61-9-10 shall apply to the department for a permit to sell these beverages. Each applicant shall pay a filing fee of two hundred dollars which is not refundable. Retail dealers shall pay to the department four hundred dollars biennially for retail permits, and wholesale dealers shall pay to the department two thousand dollars biennially for wholesale permits. Separate permits are required for each separate place of business.

(B) All permits issued under this chapter expire biennially according to the county where the place of business is situated. The expiration dates are:

(1) the last day of February in years which end in an:

(a) odd number for Allendale, Bamberg, Barnwell, Beaufort, and Berkeley counties;

(b) even number for Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, and Williamsburg counties;

(2) the last day of May in years which end in an:

(a) odd number for Cherokee, Chester, Chesterfield, Darlington, Dillon, Fairfield, Florence, and Horry counties;

(b) even number for Lancaster, Marion, Marlboro, Union, and York counties;

(3) the last day of August in years which end in an:

(a) odd number for Calhoun, Kershaw, Lee, Orangeburg, and Sumter counties;

(b) even number for Richland County;

(4) the last day of November in years which end in an:

(a) odd number for Abbeville, Aiken, Anderson, Edgefield, Greenville, and Greenwood counties;

(C) (1) Permittees in Abbeville, Aiken, Anderson, Calhoun, Edgefield, Greenville, Greenwood, Kershaw, Lee, Orangeburg, and Sumter shall obtain a one-year permit in 1992. Beginning in 1993 these permittees shall obtain a biennial permit.

(2) Permittees in Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, Lancaster, Marion, Marlboro, Union, Williamsburg, and York counties whose permit expires in 1993 shall obtain a one-year permit. Beginning in 1994, these permittees shall obtain a biennial permit.

(3) Permittees in counties not provided in item (1) or (2) whose permit expires in 1992 or 1993 shall obtain a biennial permit upon their first permit renewal or registration after June 30, 1992.

(D) The department shall prorate permit fees for permit years 1992-94 according to the length of time the permit is valid.

(C) A person who initially applies for a permit after the first day of a permit period shall pay permit fees in accordance with the schedule provided in Section 61-5-80(B)."

SECTION 6. Section 12-33-220 of the 1976 Code is repealed.

SECTION 7. This act takes effect upon approval by the Governor; however, SECTION 2 applies to bi-annual licenses or permits issued after June 30, 1992./

Amend title to conform.

Senator RYBERG explained the amendment.

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

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.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (EDUC\696.04), which was proposed by Senator BRYAN and previously printed in the Journal of April 12, 1995.

Senator BRYAN explained the amendment.

Senator BRYAN moved under Rule 18 to divide the question.

The question was divided as follows:

Senator BRYAN proposed the following amendment (696R004.JEB):

Amend the bill, as and if amended, 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 title to conform.

Senator BRYAN proposed the following amendment (696R005.JEB):

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

Amend title to conform.

The question then was the adoption of Part I (696R004.JEB).

Senator BRYAN proposed the following amendment (696R004.JEB):

Amend the bill, as and if amended, 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 title to conform.

Senator BRYAN explained the amendment.

Part I was adopted.

The question then was the adoption of Part II (696R005.JEB).

Senator BRYAN proposed the following amendment (696R005.JEB):

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

Amend title to conform.

Senator BRYAN moved to lay Part II of the amendment on the table.

Part II of the amendment was laid on the table.

Senator BRYAN proposed the following Amendment No. 2 (EDUC\696.03), which was adopted:

Amend the bill, as and if amended, on page 2 by striking lines 4 and 5 and inserting:

/(4) is of good moral character and has never been convicted of a felony; and/.

Amend title to conform.

Senator BRYAN explained the amendment.

Senator BRYAN moved that the amendment be adopted.

The amendment was adopted.

Senator PASSAILAIGUE proposed the following Amendment No. 3 (696R003.ELP), which was withdrawn:

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

/SECTION . Title 59 of the 1976 Code is amended by adding:

Section 59-143-10. (A) The Excellence Created through Exemplary Leadership (EXCEL) program funded as provided in Section 59-143-50. The EXCEL account which is separate and distinct from the general fund of the State is established to provide tuition scholarships to persons enrolling in undergraduate programs at institutions of higher learning in South Carolina. The Commission on Higher Education shall administer expenditures from this account and the provisions of this chapter.

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