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Judge Howard testified that he was aware of the requirement of reporting campaign expenditures in excess of $100 to the House and Senate Ethics Committees.

(10) Miscellaneous:

Judge Howard meets the constitutional requirements for the office he seeks.

The Bar found Judge Howard qualified. The Bar reported that Judge Howard "has significant experience in the judicial system having served as Circuit Court Judge since July 12, 1988, for the Ninth Judicial Circuit. He also was appointed as Acting Judge for the Court of Appeals from August 1994 until June 1995. He is respected by an overwhelming majority of members of the Bar contacted for impartiality, judicial temperament, legal skills, promptness, and industry in his work as Circuit Court Judge. He is an individual of impeccable character and integrity. He received excellent ratings for his courtroom demeanor and temperament. The overwhelming majority of those contacted felt that Judge Howard has brought credit to the Circuit Court Bench and the Court of Appeals through his professional behavior in the courtroom, and has demonstrated through his personal demeanor and behavior the type of attributes which represent fairness and equality to the people of South Carolina and the Bar of this state."

Judge Howard was asked about his general philosophy regarding interpretation of the Constitution, power of the General Assembly regarding legislating, and a judge's ability to publicly comment on recently decided cases. The candidate's answers to these questions are printed in the transcript of Judge Howard's public hearing. The Committee has included these responses soley for the benefit of members of the General Assembly. The Committee does not represent that there is a correct answer to any question.

Respectfully submitted,
/s/Rep. F.G. Delleney, Jr., Chairman
/s/Senator Glenn F. McConnell, Vice-Chairman
/s/Senator Thomas L. Moore
/s/Senator John R. Russell
/s/Senator Edward E. Saleeby

On motion of Senator McCONNELL, with unanimous consent, the report was ordered printed in the Journal.

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

March 11, 1996
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, Barnwell County Board of Voter Registration, with term to commence March 15, 1996, and to expire March 15, 1998:

Ms. Helen A. Joyner, 3 Mansfield Drive, Williston, S.C. 29853

March 19, 1996
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, Barnwell County Board of Voter Registration, with term to commence March 15, 1996, and to expire March 15, 1998:

Ms. Cecile Robinson, Post Office Box 1054, Barnwell, S.C. 29812

March 20, 1996
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 General Assembly," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Reappointment, Lee County Master-in-Equity, with term to commence December 31, 1995, and to expire December 31, 2001:

Honorable Robert D. Jennings, 1 Courthouse Square, Bishopville, S.C. 29010

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

Document No. 1925
Promulgated by Department Of Health and Environmental Control
61-47. Shellfish
Received by Lt. Governor March 21, 1996
Referred to Senate Committee on Medical Affairs
120 day review period expiration date July 19, 1996 (subject to sine die revision)

At 12:12 P.M., Senator DRUMMOND 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 12:55 P.M.

S. 409 -- Senators McConnell, Drummond, Passailaigue and Mescher: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT BY ADDING CHAPTER 22 SO AS TO PROVIDE FOR CERTAIN KAYAKING AND CANOEING LIABILITY IMMUNITY WHEREBY A KAYAKING OR CANOEING ACTIVITY SPONSOR OR A KAYAKING OR CANOEING PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT RESULTING FROM AN INHERENT RISK OF KAYAKING OR CANOEING ACTIVITY ABSENT SPECIFIED FACTORS.

Senator McCONNELL asked unanimous consent to make a motion to request return of the Bill from the House of Representatives.

There was no objection.

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

Senator McCONNELL proposed the following amendment (409R004.GFM), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting in lieu thereof the following:

/SECTION 1. Title 50 of the 1976 Code is amended by adding:

Section 50-22-10. As used in this chapter:

(1) `Engages in a kayaking, canoeing, or rafting activity' means riding in, training in, using, providing, paddling, or being a passenger in a kayak, canoe, or raft or a person assisting a participant. It does not include being a spectator at a kayaking, canoeing, or rafting activity, except in cases where the spectator places himself in an unauthorized area and in immediate proximity to the kayaking, canoeing, or rafting activity.

(3) `Canoe' means a lightweight hand-powered watercraft similar to a kayak which has an open top and is designed to hold no more than three people.

(4) `Raft' means a hand-powered inflatable watercraft which has an open top and is designed to hold one or more people.

(5) `Kayaking, canoeing, or rafting activity' means:

(a) a competition, exercise, or undertaking that involves a kayak, canoe, or raft;

(b) kayak, canoe, or raft training or teaching activities, or both;

(c) using, inspecting, or evaluating a kayak, canoe, or raft belonging to another, whether the owner has received monetary consideration or another thing of value for the use of the kayak, canoe, or raft or is permitting a prospective purchaser of the kayak, canoe, or raft to use, inspect, or evaluate the kayak, canoe, or raft;

(d) a ride, trip, or other kayak, canoe, or raft activity, however informal or impromptu, that is sponsored by a kayaking, canoeing, or rafting sponsor.

(6) `Kayaking, canoeing, or rafting activity sponsor' means an individual, a group, a club, a partnership, or a corporation, whether the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the opportunity for a kayaking, canoeing, or rafting activity, and an operator, instructor, and promoter of a kayaking, canoeing, or rafting activity.

(7) `Kayak, canoe, or raft professional' means a person engaged for compensation in:

(a) instructing a participant or renting to a participant a kayak, canoe, or raft for the purpose of using, operating, riding, driving, or being a passenger in the kayak, canoe, or raft;

(b) renting kayak, canoe, or raft equipment to a participant.

(8) `Inherent risk of kayaking, canoeing, or rafting activity' means those dangers or conditions which are an integral part of kayaking, canoeing, or rafting activities including, but not limited to:

(a) the propensity of a kayak, canoe, or raft to react in water that may result in injury, harm, or death to a person in or around the kayak, canoe, or raft;

(b) certain hazards such as surface and subsurface conditions;

(c) collisions with other kayaks, canoes, rafts, or objects; and

(9) `Participant' means a person, amateur or professional, who engages in kayaking, canoeing, or rafting activity, whether or not a fee is paid to participate in the kayaking, canoeing, or rafting activity.

Section 50-22-20. (A) Except as provided in subsection (B), a kayaking, canoeing, or rafting activity sponsor or a kayak, canoe, or raft professional is not liable for an injury to or the death of a participant resulting from an inherent risk of kayaking, canoeing, or rafting activity, and no participant or participant's representative may make a claim against, maintain an action against, or recover from a kayaking, canoeing, or rafting activity sponsor, or a kayak, canoe, or raft professional, for injury, loss, damage, or death of the participant resulting from an inherent risk of kayaking, canoeing, or rafting activity.

(B) Nothing in subsection (A) prevents or limits the liability of a kayaking, canoeing, or rafting activity sponsor, or a kayak, canoe, or raft professional, if the kayaking, canoeing, or rafting activity sponsor, or kayak, canoe, or raft professional:

(1) provided the equipment, kayak, canoe, or raft and knew or should have known that the equipment, kayak, canoe, or raft was faulty, and the equipment, kayak, canoe, or raft was faulty to the extent that it caused the injury;

(2) owns, leases, rents, or otherwise is in lawful possession, control, or use of the land, water, or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known or should have been known to the kayaking, canoeing, or rafting activity sponsor or kayak, canoe, or raft professional, and for which warning signs have not been conspicuously posted;

(3) committed an act or omission that constitutes wilful or wanton disregard for the safety of the participant and that an act or omission caused the injury; or

(4) intentionally injured the participant.

(C) Nothing in subsection (A) prevents or limits the liability of a kayaking, canoeing, or rafting activity sponsor or a kayak, canoe, or raft professional under liability provisions as set forth in the products liability laws.

(D) The provisions of this chapter shall not cover or apply to any liability arising from the ownership, maintenance, or use of any motor vehicle.

(B) A sign and contract described in subsection (A) must contain the following warning notice:

Under South Carolina law, a kayaking, canoeing, or rafting activity sponsor or kayak, canoe, or raft professional is not liable for an injury to or the death of a participant in a kayaking, canoeing, or rafting activity resulting from an inherent risk of kayaking, canoeing, or rafting activity, pursuant to Chapter 22 of Title 50, Code of Laws of South Carolina, 1976.

(C) Failure to comply with the requirements concerning warning signs and notices provided in this section prevents a kayaking, canoeing, or rafting activity sponsor or professional from invoking the privileges of immunity provided by this chapter, unless the sponsor or professional meets the requirements of Section 50-22-40.

Section 50-22-40. The requirements concerning warning signs and notices provided in Section 50-22-30 do not apply if the kayaking, canoeing, or rafting activity sponsor or professional requires participants to sign a form releasing the sponsor or professional from liability for an injury to or death of a participant resulting from an inherent risk of kayaking, canoeing, or rafting activity."/

Amend title to conform.

Senator McCONNELL explained the amendment.

S. 507 -- Senator Wilson: A BILL TO AMEND SECTION 40-17-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF A PRIVATE DETECTIVE BUSINESS, SO AS TO REVISE THE QUALIFICATIONS AN APPLICANT WHO DESIRES TO OPERATE A PRIVATE DETECTIVE BUSINESS MUST POSSESS, AND TO ESTABLISH THE QUALIFICATIONS A PRIVATE DETECTIVE EMPLOYED BY A PRIVATE DETECTIVE BUSINESS MUST POSSESS.

The House returned the Bill with amendments.

Senator WILSON explained the Bill.

On motion of Senator WILSON, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

The following were introduced:

S. 1288 -- Senator Setzler: A SENATE RESOLUTION TO COMMEND ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED PHYSICIANS AND SURGEONS, DR. CHARLES F. CREWS, FOR HIS MANY YEARS OF UNSELFISH AND DEVOTED SERVICE TO HIS PATIENTS, TO THE LEXINGTON MEDICAL CENTER AND ITS STAFF, AND TO HIS COMMUNITY.

The Senate Resolution was adopted.

S. 1289 -- Senators Hayes, Peeler, Short and Gregory: A SENATE RESOLUTION EXPRESSING SORROW AT THE DEATH OF JAMES STANFORD "STAN" LOTT OF ROCK HILL AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Senate Resolution was adopted.

S. 1290 -- Senator Moore: A SENATE RESOLUTION TO COMMEND THE PLASTICS INDUSTRY IN SOUTH CAROLINA FOR ITS SUBSTANTIAL CONTRIBUTION TO THE STATE'S ECONOMY

The Senate Resolution was adopted.

S. 1291 -- Senators Ryberg and Moore: A CONCURRENT RESOLUTION TO DECLARE TUESDAY, APRIL 2, 1996, AS GERMAN-AMERICAN FRIENDSHIP DAY AND TO EXTEND OUR BEST WISHES AND HOPES FOR A SUCCESSFUL VISIT TO OUR FRIENDS FROM GERMANY PARTICIPATING IN THE GERMAN-AMERICAN PARTNERSHIP PROGRAM AT AIKEN AND SOUTH AIKEN HIGH SCHOOLS.

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

S. 1292 -- Senator Drummond: A CONCURRENT RESOLUTION CONGRATULATING THE LADY EAGLES OF GREENWOOD HIGH SCHOOL ON WINNING THE CLASS AAAA STATE BASKETBALL CHAMPIONSHIP FOR 1996.

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

S. 1293 -- Senators Thomas, Giese, Courson, Fair, Hayes, Jackson, Passailaigue, Russell and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1535 SO AS TO PROVIDE THAT ALL LAW ENFORCEMENT AGENCIES SHALL PROVIDE CRIME VICTIMS WITH A COPY OF THE CRIME INCIDENT REPORT RELATING TO THEIR CASE AND CERTAIN OTHER INFORMATION; TO ADD SECTION 16-3-1537 SO AS TO REQUIRE A CRIMINAL SENTENCING JUDGE TO APPLY AMOUNTS FORFEITED TO THE COURT BY A PERSON PURSUANT TO SECTION 17-15-90 TOWARD THE PAYMENT OF RESTITUTION THE COURT ORDERS THE PERSON TO PAY; TO ADD SECTION 17-1-18 SO AS TO REQUIRE THE STATE SUPREME COURT TO PROMULGATE RULES TO ALLOW AN APPEAL OF CERTAIN COURT ORDERS IF A VICTIM IMPACT STATEMENT WAS NOT CONSIDERED BY THE COURT OR IF A REASONABLE AMOUNT OF RESTITUTION WAS NOT ORDERED; TO ADD SECTION 24-21-490 SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES SHALL COLLECT AND DISTRIBUTE RESTITUTION, THE PROCEDURE FOR COLLECTING AND DISTRIBUTING RESTITUTION, THE MAINTENANCE OF A MINIMUM NUMBER OF RESTITUTION

Read the first time and referred to the Committee on Corrections and Penology.

S. 1294 -- Senator Passailaigue: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTER 24, IMPOSING A FEE ON THE RECORDATION OF DEEDS AT FEES EQUAL TO, AND FOR THE PURPOSES OF THE FORMER DOCUMENTARY STAMP TAX INCLUDING THE COUNTY DOCUMENTARY STAMP TAX, ON CONVEYANCES OF REALTY, TO PROVIDE EXEMPTIONS FROM THE FEE, TO PROVIDE FOR THE PAYMENT OF AND COLLECTION OF THE FEE BY THE REPORTING METHOD, TO ESTABLISH THOSE LIABLE FOR THE FEE AND PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, AND TO REPEAL ARTICLE 3, CHAPTER 21, TITLE 12 AND CHAPTER 25, TITLE 12 OF THE 1976 CODE, RELATING TO THE DOCUMENTARY STAMP TAX.

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

S. 1295 -- Senators Wilson, Moore and Giese: A BILL TO AMEND TITLE 44, CHAPTER 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCER, TO ENACT THE CENTRAL CANCER REGISTRY ACT, SO AS TO CREATE THE SOUTH CAROLINA CENTRAL CANCER REGISTRY AND TO PROVIDE FOR ITS PURPOSE, REPORTING REQUIREMENTS, AND CONFIDENTIALITY; TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE AID TO ANY CANCER PATIENT RATHER THAN TO INDIGENT PATIENTS; AND TO ESTABLISH THE CANCER CONTROL ADVISORY COMMITTEE AND PROVIDE FOR ITS POWERS AND DUTIES.

Senator MOORE spoke on the Bill.

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