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/(8)(9) kidnapping (Section 16-3-910);/

Amend the bill further, as and if amended, page 3, line 27, in Section 23-3-430(C), as contained in SECTION 1, by striking line 27 and inserting therein the following:

/(14) conspiracy to kidnap (Section 16-3-920);/

Amend title to conform.

Senators McCONNELL, BRYAN and RICHTER proposed the following amendment (JUD3300.006), which was adopted:

Amend the bill, as and if amended, page 3, beginning on line 7, in Section 23-3-430(C)(5), as contained in SECTION 1, by striking item 5 in its entirety and inserting therein the following:

/(5) criminal sexual conduct with minors, second degree. If evidence is presented at the criminal proceeding and the court makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct, as contained in Section 16-3-655(3), or consensual sexual conduct between persons under the age of sixteen, the convicted person is not an offender and is not required to register pursuant to the provisions of this article;/

Amend title to conform.

Senator BRYAN explained the amendment.

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

H. 3271 -- Reps. Richardson, Vaughn, McKay, Harvin, Limbaugh, Lloyd, Bailey, Cain, Sandifer, Walker, Baxley, Chamblee, Wofford, A. Young, Shissias, Stuart, Dantzler, Thomas, Keyserling, Jennings, Wells, Tucker, Harrison and Spearman: A BILL TO AMEND SECTION 16-9-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF INTIMIDATING COURT OFFICIALS, JURORS, OR WITNESSES, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS.

Senator COURTNEY explained the amendment.

The amendment was adopted.

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

H. 4647 -- Reps. Vaughn, Rice, Easterday, Littlejohn, Allison, Anderson, Herdklotz, Loftis, Haskins, Cato, McMahand, Wilkins, Tripp, Wells, Jaskwhich and Lanford: A BILL TO AMEND SECTION 55-11-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF AN AIRPORT ENVIRONS AREA AND SUB-AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT, SO AS TO FURTHER PROVIDE FOR THE ENVIRONS AREA, AND DELAY THE DATE FOR COMPLETION OF THE TASKS REQUIRED BY THE AIRPORT ENVIRONS PLANNING COMMISSION.

Senator RUSSELL 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 J. VERNE SMITH proposed the following amendment (PT\2287DW.96), which was adopted:

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

/Section . Section 55-11-230(B)(1) of the 1976 Code, as added by Act 100 of 1995, is further amended to read:

"(1) There is created the Greenville-Spartanburg Airport Environs Planning Commission, the `Airport Environs Planning Commission', consisting of eleven voting members, which have the powers enumerated herein, and which must be separately constituted from the Greenville-Spartanburg Airport Commission, as follows:

(b) two members representing and appointed by Spartanburg County;

(c) one member representing and appointed by the Town of Duncan;

(d) one member representing and appointed by the Town of Lyman;

(e)(d) two members representing and appointed by Greenville County;

(f) one member representing and appointed by the City of Mauldin;

(g)(e) all members must be appointed or reappointed biennially by the appointing county or municipality;

(h)(f) two members must be appointed or reappointed biennially by the Greenville-Spartanburg Airport District, one from Spartanburg County, and one from Greenville County.

If the members are elected members of the county or municipal governing body or members of the district, each such representative shall serve ex officio and with full voting privileges." /

Renumber sections to conform.

Amend totals and title to conform.

Senator J. VERNE SMITH proposed the following amendment (PT\2286DW.96), which was adopted:

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

/Section . Section 55-11-230 of the 1976 Code, as added by Act 100 of 1995, is further amended by adding at the end:

"(C) The provisions of this section do not apply to dwellings or other buildings which are damaged or destroyed and which are subsequently repaired or rebuilt."/

Renumber sections to conform.

Amend totals and title to conform.

Senator RUSSELL proposed the following amendment (4647R001.JRR), which was adopted:

Amend the bill, as and if amended, page 2, line 31 by deleting the line in its entirety and inserting the following:

/exceed beyond March 31, 1996, for the completion of/

Amend the bill further, as and if amended, page 3, line 23, by striking SECTION 5 in its entirety and inserting the following:

Amend title to conform.

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

S. 1195 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-15 SO AS TO DEFINE THE MISSION OF HIGHER EDUCATION IN SOUTH CAROLINA AND OF EACH TYPE OF PUBLIC INSTITUTION OF HIGHER LEARNING; TO AMEND SECTION 59-103-20, RELATING TO STUDIES OF INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THE COMMISSION SHALL BE RESPONSIBLE FOR A COORDINATED, EFFICIENT, AND RESPONSIVE HIGHER EDUCATION SYSTEM IN THIS STATE AND TO PROVIDE FOR THE RESPONSIBILITIES OF THE COMMISSION IN THIS REGARD; TO AMEND THE 1976 CODE BY ADDING SECTION 59-103-30 SO AS TO ESTABLISH CRITICAL SUCCESS FACTORS FOR ACADEMIC QUALITY IN THE INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND THE PERFORMANCE INDICATORS BY WHICH THESE SUCCESS FACTORS CAN BE MEASURED; TO AMEND SECTION 59-103-35, RELATING TO THE SUBMISSION OF THE BUDGETS OF PUBLIC INSTITUTIONS OF HIGHER LEARNING AND THE APPROVAL AND REVIEW OF THE PROGRAMS OF THESE INSTITUTIONS, SO AS TO REVISE THE MANNER IN WHICH THE PUBLIC HIGHER EDUCATION SYSTEM'S ANNUAL BUDGET REQUEST IS DETERMINED AND REVISE THE COMMISSION'S RESPONSIBILITIES WITH REGARD TO AN INSTITUTION'S PROGRAMS; TO AMEND SECTION 59-103-45, RELATING TO THE DUTIES AND FUNCTIONS OF THE COMMISSION ON HIGHER EDUCATION, SO AS TO REQUIRE THE COMMISSION TO DEVELOP STANDARDS FOR AND MEASUREMENT MECHANISMS OF THESE PERFORMANCE INDICATORS, DIRECT THE COMMISSION TO BASE THE HIGHER EDUCATION FUNDING FORMULA ON AN INSTITUTION'S ACHIEVEMENT OF THESE STANDARDS, PERMIT THE COMMISSION TO REDUCE, EXPAND,

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

The Education Committee proposed the following amendment (1195R01.NGS), which was adopted:

Amend the bill, as and if amended, Page 3, Line 41, by striking the line in its entirety and inserting the following:

Amend the bill further, as and if amended, Page 4, by striking Lines 8 and 9 and inserting in lieu thereof the following:

/colleges with a mission as stated in item (4) and primarily focused on technical education and the economic development of the State."/

Amend the bill further, as and if amended, Page 5, by striking Line 8 and inserting the following:

/(2) Quality of Faculty;/

Amend the bill further, as and if amended, Page 5, by striking Line 26 and inserting the following:

/(e) attainment of goals of the strategic plan./

Amend the bill further, as and if amended, Page 10, by striking Lines 25-28 and inserting the following:

/by the Commission commission. Provided, that the provisions of this section shall not apply to the Trident Technical College property in Berkeley County or the new Palmer College site in Charleston County or Francis Marion College in Florence County./

Amend the bill further, as and if amended, Page 21, by striking Line 3 in its entirety and inserting the following:

/SECTION 11. Upon approval by the Governor, this act shall take effect July 1, 1996./

Amend title to conform.

Senator SETZLER 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 Bill having been read the second time was ordered placed on the third reading Calendar:

H. 4703 -- Rep. Harvin: A BILL TO AMEND SECTION 7-7-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CLARENDON COUNTY, SO AS TO DESIGNATE A MAP DOCUMENT NUMBER ON THE MAP DOCUMENT ON WHICH THE LINES OF THE PRECINCTS ARE DELINEATED.

(By prior motion of Senator LAND)

S. 1019 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-215 SO AS TO PROHIBIT A HEALTH BENEFIT POLICY FROM REQUIRING AS A CONDITION FOR THE COVERAGE OF DERMATOLOGICAL SERVICES THAT THE INSURED FIRST OBTAIN A REFERRAL FROM A PRIMARY CARE PHYSICIAN.

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

There was no objection.

On motion of Senator MARTIN, with unanimous consent, the Minority Report was withdrawn.

H. 3879 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-3-315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPUTY ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REVISE THEIR AUTHORITY, POWERS, AND REQUIREMENTS.

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

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

S. 1142 -- Banking and Insurance Committee: A BILL TO AMEND THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT AND TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, TO PROVIDE FOR THE ESTABLISHMENT OF AN UNINSURED MOTORIST FUND; TO PROVIDE THAT THERE SHALL BE AN ASSIGNED RISK PLAN, KNOWN AS THE "SOUTH CAROLINA AUTOMOBILE INSURANCE PLAN"; AMONG OTHER THINGS, (Abbreviated Title)

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

The Bill was made a Special Order.

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

THE SENATE PROCEEDED TO THE SPECIAL ORDER.

S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO AUTHORIZE THE ISSUANCE OF SCHOOL REVENUE BONDS FOR SPECIFIED PURPOSES IN CONNECTION THEREWITH.

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

Senator BRYAN spoke on the Bill.

Senator DRUMMOND asked unanimous consent to make a motion, with Senator BRYAN retaining the floor, that the Senate stand adjourned.

Senator THOMAS objected.

Senator BRYAN spoke on the Bill.

With Senator BRYAN retaining the floor, Senator THOMAS asked unanimous consent to make a motion that Senator J. VERNE SMITH be granted leave of the Senate to address brief remarks to the Senate.

There was no objection.

Senator J. VERNE SMITH spoke on the Bill.

Senator PASSAILAIGUE raised a Point of Order that Article 5 of the Bill was out of order inasmuch as this Article establishes authorization for revenue bonds to be issued and pledges the revenue of a tax for the service of the debt and, therefore, is in violation of Section 13 of Article X of the South Carolina Constitution.

The PRESIDENT took the Point of Order under advisement.

Senator J. VERNE SMITH spoke on the Bill.

With Senator BRYAN retaining the floor, Senator SETZLER asked unanimous consent to be granted leave of the Senate to address brief remarks to the Senate.

There was no objection.

Senator SETZLER argued in favor of the third reading of the Bill.

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

There was no objection.

Debate was interrupted by adjournment, with Senator BRYAN retaining the floor.

On motion of Senator COURSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. James L. Mashburn of Columbia, S.C., father of Mr. Harry L. Mashburn.

Senator SETZLER moved that when the Senate adjourns on Friday, March 14, 1996, it stand adjourned to meet next Tuesday, March 19, 1996, at 12:00 Noon, which motion was adopted.

At 12:19 P.M., on motion of Senator SETZLER, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

Senators McCONNELL and GIESE desired to be recorded as voting against the motion to adjourn.

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 ACTING PRESIDENT, Senator GIESE.

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 4703 -- Rep. Harvin: A BILL TO AMEND SECTION 7-7-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CLARENDON COUNTY, SO AS TO DESIGNATE A MAP DOCUMENT NUMBER ON THE MAP DOCUMENT ON WHICH THE LINES OF THE PRECINCTS ARE DELINEATED.

(By prior motion of Senator LAND)

At 11:12 A.M., on motion of Senator JACKSON, the Senate adjourned to meet next Tuesday, March 19, 1996, at 12:00 Noon.

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