| Printed Page 1970, Apr. 25 | Printed Page 1990, Apr. 25 |

Amend the bill, as and if amended, page 1, line 37, in Section 56-5-2990, as contained in SECTION 1, by striking /fifth third/ and inserting /fifth/.

Amend the bill further, as and if amended, page 1, line 41, in Section 56-5-2990, as contained in SECTION 1, by striking /fifth third/ and inserting /fifth/.

Amend the bill further, as and if amended, page 2, beginning on line 31, in Section 56-1-385, as contained in SECTION 2, by striking lines 31 through 41 in their entirety and inserting therein the following:

/(B)(1) A person may not seek reinstatement of his driver's license pursuant to this section if the person subsequently is convicted of, receives a sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for a violation of Section 56-5-2930 or for a violation of another law or ordinance of this State or of a municipality of this State that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics./

Amend title to conform.

Senator COURTNEY 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 Resolutions having been read the second time were ordered placed on the third reading Calendar:

S. 480 -- Senator Courtney: A BILL TO AMEND SECTION 38-71-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON DISCRIMINATION IN ACCIDENT AND HEALTH INSURANCE POLICIES AND BENEFITS FOR CERTAIN LICENSED SERVICES, SO AS TO INCLUDE SERVICES OF A LICENSED MASTER SOCIAL WORKER, LICENSED INDEPENDENT SOCIAL WORKER, LICENSED MARRIAGE AND FAMILY THERAPIST, LICENSED PROFESSIONAL COUNSELOR, OR PSYCHIATRIC CLINICAL NURSE SPECIALIST.

On motion of Senator COURTNEY, with unanimous consent, S. 480 was ordered to receive a third reading on Friday, April 26, 1996.

H. 4750 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO MEDICAL INSTITUTION VENDOR PAYMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1881, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4751 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO MEDICAID, FAIR HEARINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1875, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1298 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-1340, SO AS TO PROVIDE THAT ALL VOTE RECORDER VOTING SYSTEMS MUST BE CAPABLE OF PRODUCING AND TRANSMITTING AN ELECTRONIC FILE CONTAINING ELECTION RESULTS IN A FORMAT PRESCRIBED BY THE STATE ELECTION COMMISSION; AND TO AMEND SECTION 7-13-1640, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO PROVIDE THAT ALL VOTING MACHINE SYSTEMS MUST BE CAPABLE OF PRODUCING AND TRANSMITTING AN ELECTRONIC FILE CONTAINING ELECTION RESULTS IN A FORMAT PRESCRIBED BY THE STATE ELECTION COMMISSION.

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

There was no objection.

On motion of Senator HOLLAND, with unanimous consent, S. 1298 was ordered to receive a third reading on Friday, April 26, 1996.

S. 862 -- Senators Elliott and Saleeby: A BILL TO RECOGNIZE THE CHICORA-WACCAMAW INDIAN TRIBE AND THE PEE DEE INDIAN TRIBE AS INDIAN TRIBES OF SOUTH CAROLINA REPRESENTING THE CHICORA-WACCAMAW INDIAN PEOPLE AND THE PEE DEE INDIAN PEOPLE, RESPECTIVELY, AND TO CONFER UPON THEM SUCH RIGHTS AND PRIVILEGES AS ARE PROVIDED BY LAW TO INDIAN TRIBES OF THIS STATUS.

Senator SALEEBY explained the Bill.

On motion of Senator SALEEBY, with unanimous consent, S. 862 was ordered to receive a third reading on Friday, April 26, 1996.

S. 862 -- Senators Elliott and Saleeby: A BILL TO RECOGNIZE THE CHICORA-WACCAMAW INDIAN TRIBE AND THE PEE DEE INDIAN TRIBE AS INDIAN TRIBES OF SOUTH CAROLINA REPRESENTING THE CHICORA-WACCAMAW INDIAN PEOPLE AND THE PEE DEE INDIAN PEOPLE, RESPECTIVELY, AND TO CONFER UPON THEM SUCH RIGHTS AND PRIVILEGES AS ARE PROVIDED BY LAW TO INDIAN TRIBES OF THIS STATUS.

On motion of Senator HOLLAND, with unanimous consent, the names of Senators HOLLAND, FORD and GLOVER were added as co-sponsors of the Bill.

S. 1047 -- Senator McConnell: A BILL TO AMEND SECTIONS 17-15-10 AND 17-15-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY BE RELEASED ON THEIR OWN RECOGNIZANCES AND MATTERS TO BE CONSIDERED IN DETERMINING A PERSON'S RELEASE, SO AS TO PRESUME THE RELEASE OF AN ACCUSED VIOLENT CRIME OFFENDER WOULD CONSTITUTE AN UNREASONABLE DANGER

On motion of Senator COURTNEY, with unanimous consent, S. 1047 was ordered to receive a third reading on Friday, April 26, 1996.

S. 1125 -- Senator Fair: A BILL TO AMEND SECTION 16-3-1550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIM IMPACT STATEMENTS, SO AS TO PROVIDE THAT A STATEMENT MAY BE CONSIDERED AT A SENTENCING OR DISPOSITION HEARING IN FAMILY COURT, AND A COPY OF A STATEMENT MUST BE FORWARDED TO THE BOARD OF JUVENILE PAROLE.

On motion of Senator COURTNEY, with unanimous consent, S. 1125 was ordered to receive a third reading on Friday, April 26, 1996.

S. 1311 -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 61-3-605 AND 61-5-86 SO AS TO AUTHORIZE A TEMPORARY RETAIL LIQUOR LICENSE AND A TEMPORARY MINIBOTTLE LICENSE TO THE PURCHASERS OF A BUSINESS CURRENTLY SO LICENSED, TO PROVIDE THAT NO SUCH TEMPORARY LICENSE MAY BE USED FOR A LOCATION DETERMINED TO BE A PUBLIC NUISANCE, TO REQUIRE THE APPLICANT FOR THE LICENSE TO EITHER ALREADY HOLD A PERMANENT RETAIL LIQUOR OR MINIBOTTLE LICENSE OR TO HAVE HAD A STATE LAW ENFORCEMENT DIVISION CRIMINAL HISTORY BACKGROUND CHECK CONDUCTED WITHIN THIRTY DAYS, TO PROVIDE FOR THE DURATION OF THE TEMPORARY LICENSE UNTIL A PERMANENT LICENSE IS APPROVED OR DISAPPROVED, BUT NOT LONGER THAN ONE HUNDRED TWENTY DAYS, TO PROVIDE FOR THE REVOCATION OF THE TEMPORARY LICENSE UPON FAILURE TO APPLY FOR A PERMANENT LICENSE IN A TIMELY MANNER, AND TO IMPOSE A TWENTY-FIVE DOLLAR FEE FOR THE TEMPORARY LICENSE.

On motion of Senator RANKIN, with unanimous consent, S. 1311 was ordered to receive a third reading on Friday, April 26, 1996.

S. 1335 -- Senator Drummond: A BILL TO AMEND CHAPTER 9, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY MEASURES, BY ADDING ARTICLE 5 ENACTING THE SOUTHERN REGIONAL EMERGENCY MANAGEMENT ASSISTANCE COMPACT IN ORDER TO PROVIDE FOR MUTUAL ASSISTANCE BETWEEN THE MEMBER STATES IN MANAGING EMERGENCIES OR DISASTERS DULY DECLARED BY THE GOVERNOR OF THE AFFECTED STATE AND MUTUAL COOPERATION IN EMERGENCY-RELATED EXERCISES AND TRAINING ACTIVITIES.

On motion of Senator DRUMMOND, with unanimous consent, S. 1335 was ordered to receive a third reading on Friday, April 26, 1996.

S. 1358 -- Senator Thomas: A BILL TO AMEND SECTION 27-18-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO CHANGE THE ADMINISTRATOR OF THE ACT FROM THE DEPARTMENT OF REVENUE AND TAXATION TO THE STATE TREASURER.

On motion of Senator COURTNEY, with unanimous consent, S. 1358 was ordered to receive a third reading on Friday, April 26, 1996.

S. 1366 -- Senator Holland: A BILL TO AMEND SECTION 58-23-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING CERTAIN MOTOR VEHICLE CARRIER LAWS, SO AS TO PROVIDE THAT CORPORATE OFFICERS, AGENTS, OR EMPLOYEES OR OTHER PERSONS OPERATING AS A PASSENGER CARRIER WHO VIOLATE OR WHO AID AND ABET IN THE VIOLATION OF CERTIFICATION AND REGISTRATION REQUIREMENTS ARE GUILTY OF A MISDEMEANOR AND ARE SUBJECT TO SPECIFIED PENALTIES FOR VIOLATION, AND TO PROVIDE THAT CORPORATE OFFICERS, AGENTS, OR EMPLOYEES OR OTHER PERSONS

On motion of Senator COURTNEY, with unanimous consent, S. 1366 was ordered to receive a third reading on Friday, April 26, 1996.

H. 3229 -- Reps. L. Whipper, Fulmer, Spearman, Harrell, Simrill, Clyburn, Breeland, G. Brown, Robinson, R. Smith, Tripp, Limehouse and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1045 SO AS TO MAKE IT UNLAWFUL AND A FELONY FOR ANY PERSON AT LEAST EIGHTEEN YEARS OF AGE TO USE, SOLICIT, INDUCE, COERCE, OR EMPLOY A PERSON UNDER EIGHTEEN TO COMMIT A VIOLENT CRIME OR THE CRIME OF LYNCHING, ALSO TO MAKE IT UNLAWFUL TO CONSPIRE TO DO THE ABOVE, AND TO PROVIDE PENALTIES FOR VIOLATION.

On motion of Senator HOLLAND, with unanimous consent, H. 3229 was ordered to receive a third reading on Friday, April 26, 1996.

H. 3864 -- Rep. Quinn: A BILL TO AMEND SECTION 15-41-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM BANKRUPTCY PROCEEDINGS, SO AS TO REVISE A REFERENCE TO CITED PROVISIONS OF THE FEDERAL BANKRUPTCY REFORM ACT.

H. 4341 -- Reps. Wilkins, Sandifer, Walker, Allison, Haskins, Jennings, Cain, Harrison, Witherspoon, Vaughn, Simrill, Herdklotz, Kirsh, Delleney, Cotty, Limbaugh, Richardson, Meacham, Easterday and McElveen: A BILL TO AMEND SECTION 20-7-112, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REIMBURSEMENTS FOR COUNSEL APPOINTED FOR A CHILD IN A DELINQUENCY PROCEEDING, SO AS TO PROVIDE THAT THE COURT MAY

S. 704 -- Senators Land, Drummond and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-4096 SO AS TO PROHIBIT TRESPASSING UPON RAILROAD TRACKS AND PROVIDE PENALTIES FOR VIOLATIONS.

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

The Transportation Committee proposed the following amendment (GJK\22534HTC.96), which was adopted:

Amend the bill, as and if amended, in Section 58-17-4096(B) as contained in SECTION 1, line 23, by striking /must/ and inserting /may/.

Renumber sections to conform.

Amend totals and title to conform.

Senator PEELER argued contra to the Bill.

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

Senator PEELER desired to be recorded as voting against the second reading of the Bill.

On motion of Senator McGILL, with unanimous consent, S. 704 was ordered to receive a third reading on Friday, April 26, 1996.

H. 3268 -- Reps. Richardson, Vaughn, Harvin, Bailey, Cotty, Limbaugh, Chamblee, Wofford, A. Young, Shissias, Stuart, Lloyd, Sandifer, Thomas, Witherspoon, Wells, Keyserling, Walker and Harrison: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE

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

The Judiciary Committee proposed the following amendment (JUD3268.002), which was adopted:

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

/SECTION 1. Section 16-3-20(C)(a) of the 1976 Code, as last amended by Act 83 of 1995, is further amended by adding at the end:

"( ) The murder of a witness or potential witness committed at any time during the criminal process for the purpose of impeding or deterring prosecution of any crime."

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

Senator COURTNEY explained the amendment.

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

S. 1248 -- Senator Bryan: A BILL TO AMEND SECTION 40-7-190 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF BARBER EXAMINERS, SO AS TO AUTHORIZE THE BOARD TO GRANT VARIANCES FROM A REGULATION PROMULGATED UNDER THIS CHAPTER UNDER CERTAIN CIRCUMSTANCES.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

The Labor, Commerce and Industry Committee proposed the following amendment (S-LCI\1248.001), which was adopted:

/(B) A barbershop owner or barber school or college may apply to the board for a permit for a variance from a regulation promulgated pursuant to this chapter. After opportunity for an inspection, the board may, if it deems necessary, conduct a hearing. If it determines that the proponent of a variance has demonstrated, by a preponderance of the evidence, that the conditions, practices, means, methods, operations or processes used or proposed to be used in a particular location will provide a barbershop which is as safe and healthful as those which would be present if he complied with the regulation, the board may grant the permit for a variance. The permit, if issued, shall prescribe the conditions the permittee must maintain and the practices, means, methods, operations, or processes which must be adopted and utilized to the extent they differ from a given regulation. Such permit may be revoked or modified upon application of the permittee or by the board on its own motion, in the manner prescribed for its issuance under this subsection, at any time./

Amend title to conform.

Senator BRYAN explained the amendment.

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

On motion of Senator BRYAN, with unanimous consent, S. 1248 was ordered to receive a third reading on Friday, April 26, 1996.

H. 3228 -- Reps. Neilson, Cain, McMahand, Littlejohn, Meacham, Hallman, Rice, L. Whipper, White, Simrill, Jaskwhich, Elliott, Whatley, Herdklotz, Easterday, Haskins, Seithel, Davenport and Limehouse: A BILL TO AMEND SECTION 20-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUAL RIGHTS OF PARENTS, SO AS TO PROVIDE THAT BOTH CUSTODIAL AND NONCUSTODIAL PARENTS HAVE THE RIGHT TO PARTICIPATE IN THEIR CHILDREN'S SCHOOL ACTIVITIES.

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

There was no objection.

The Education Committee proposed the following amendment (S-EDUC\3228.1), which was adopted:

Amend the bill, as and if amended, on page 1, line 35 by striking /where authorized/ and inserting:

/unless prohibited/.

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. 562 -- Senators Rose, Mescher and Richter: A BILL TO AMEND CHAPTER 1 OF TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING SECTION 2-1-200, SO AS TO PROVIDE THAT EXCEPT FOR THE APPOINTMENT OF MAGISTRATES, MEMBERS OF COUNTY BOARDS OF REGISTRATION, AND COUNTY COMMISSIONERS OF ELECTION, AN ACTION OR VOTE BY A COUNTY LEGISLATIVE DELEGATION, COUNTY HOUSE DELEGATION, OR COUNTY SENATE DELEGATION WHICH AFFECTS ONLY ONE COUNTY MAY BE DEVOLVED UPON THE COUNTY GOVERNING BODY IF THE COUNTY GOVERNING BODY AGREES TO ACCEPT THE ACTION AND NOTIFIES THE CODE COMMISSIONER OF ITS ACCEPTANCE AND TO FURTHER PROVIDE THAT IF SUCH ACTIONS REMAIN WITH THE DELEGATION, THEY MUST BE CARRIED OUT BY USE OF A WEIGHTED VOTING FORMULA; BY ADDING SECTION 2-1-210, SO AS TO PROVIDE THAT AN ACTION OR VOTE BY A LEGISLATIVE DELEGATION OF THE GENERAL ASSEMBLY REPRESENTING A MULTI-COUNTY AREA MUST UTILIZE THE WEIGHTED VOTING FORMULA; AND TO DIRECT THE CODE COMMISSIONER TO MODIFY ALL CODE SECTIONS WHICH ARE INCONSISTENT WITH THIS ACT AND TO INDICATE IN THE NOTES FOLLOWING A CODE SECTION ANY ACTION ACCEPTED BY A COUNTY GOVERNING BODY.

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

| Printed Page 1970, Apr. 25 | Printed Page 1990, Apr. 25 |

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