South Carolina General Assembly
111th Session, 1995-1996
Journal of the Senate

Tuesday, January 23, 1996
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, 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, for whatever it might be worth to you, in our confrontation with the world, we read in the Gospel of St. Matthew, Chapter 10 (v. 16) (NRSV):

"See, I am sending you out like sheep into

the midst of wolves; so be wise as serpents

and innocent as doves. Beware..."
Let us pray.

Dear Lord and Father of us all, we know that in our kind of world mankind's selfishness and inhumanity to each other becomes a style of life making for death dealing patterns of confrontation and heartless competition on every level of our common life.

In this kind of world make us wise like serpents. Snake wisdom only helps us to identify our real enemies.

But we know, O Lord, that if our kind of world is to become Your kind of world we need a higher wisdom, a heavenly wisdom, as St. James says, "peace-loving, considerate, open to reason, straight-forward, and sincere."

Give us more of this kind of wisdom in the Spirit of Jesus.

Amen.

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

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

October 9, 1995
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

Statewide Appointment

Initial Appointment, Advisory Board of Trustees for the Veterans' Trust Fund of South Carolina, with term to commence September 15, 1995, and to expire at the pleasure of the Governor:

County Officer:

Mr. Robert C. Weaver, Jr., Calhoun County Veterans Affairs Officer, Courthouse Annex, Room 119, 117 Liberty Street, St. Matthews, S.C. 29135

Referred to the General Committee.

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

November 2, 1995
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

Statewide Appointment

Initial Appointment, South Carolina Advisory Commission on Aging, with term to commence June 30, 1995, and to expire June 30, 1999:

At-Large:

The Honorable John T. Nave, 606 Brooklane Drive, Greenwood, S.C. 29649

Referred to the Committee on Medical Affairs.

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

December 14, 1995
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

Statewide Appointment

Reappointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 1996, and to expire July 1, 2000:

4th Congressional District:

George G. Graham, D.D.S., 225 East Wood Street, Spartanburg, S.C. 29303

Referred to the Committee on Fish, Game and Forestry.

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

December 18, 1995
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

Statewide Appointment

Reappointment, South Carolina Workers' Compensation Commission, with term to commence June 30, 1996, and to expire June 30, 2002:

At-Large:

Mr. G. Bryan Lyndon, 3001 Barefoot Trail, Anderson, S.C. 29621

Referred to the Committee on Judiciary.

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

December 19, 1995
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

Statewide Appointment

Reappointment, South Carolina State Ports Authority, with term to commence February 13, 1996, and to expire February 13, 2003:

At-Large:

Mr. Gayle O. Averyt, Post Office Box 1365, Columbia, S.C. 29202

Referred to the Committee on Transportation.

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

December 20, 1995
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Statewide Appointments

Reappointment, South Carolina Real Estate Appraisers Board, with term to commence May 31, 1996, and to expire May 31, 1999:

Appraiser:

Mr. Lamar Mason, Mason Realty, Inc., 3938 Farrow Road, Columbia, S.C. 29203

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, State Human Affairs Commission, with term to commence June 30, 1996, and to expire June 30, 1999:

1st Congressional District:

Mr. Darrel W. Givens, 82 Brisbane Drive, Charleston, S.C. 29407

Referred to the Committee on Judiciary.

COMMUNICATION
STATE OF SOUTH CAROLINA
THE SENATE

January 18, 1996
Mr. Gene Beckman
Office of the Governor
Wade Hampton Building
Columbia, S.C. 29202

Dear Gene:

On Wednesday, January 17, 1996, the Senate acceded to the Governor's request to return the appointments of Dr. Ramsey Mellette (Advisory Council to the Continuum of Care for Emotionally Disturbed Children with a term to expire June 30, 1997), Ms. Brenda Miller (Advisory Council to the Continuum of Care for Emotionally Disturbed Children with a term to expire June 30, 1995), Mr. William L. Lawless (Insurance Commission with a term that expires June 30, 2000), and Ms. Sara B. Ratcliff (Insurance Commission with a term that expires on June 30, 1998). Enclosed are the original appointment letters for those individuals.

If I can be of any further assistance in this or any other matter, please give me a call.

With kind personal regards, I remain

Sincerely,
Frank Caggiano

Doctor of the Day

Senator HAYES introduced Dr. Terry Dodge of Rock Hill, S.C., Doctor of the Day.

RECALLED, READ THE SECOND TIME

S. 938 -- Senator Short: A BILL TO PROVIDE THAT THE MEMBERS OF THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES MUST BE ELECTED IN NONPARTISAN ELECTIONS HELD AT THE SAME TIME AS THE GENERAL ELECTION.

Senator SHORT asked unanimous consent to make a motion to recall the Bill from the Chester Delegation.

There was no objection.

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

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

S. 938--Ordered to a Third Reading

On motion of Senator SHORT, S. 938 was ordered to receive a third reading on Wednesday, January 24, 1996.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1043 -- Senators Short, Rose, Peeler, Richter, Greg Smith, Thomas, Mescher, Moore, J. Verne Smith, Courtney, Elliott, Holland, Reese, Leventis, McGill, Cork, Passailaigue, Rankin, Matthews, Waldrop, Washington, Lander, Jackson, O'Dell and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-135 SO AS TO REQUIRE INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS TO PAY FOR HOSPITALIZATION FOR AT LEAST FORTY-EIGHT HOURS FOR A MOTHER AND HER CHILD AFTER A VAGINAL DELIVERY AND NINETY-SIX HOURS AFTER A CAESARIAN SECTION, AND TO PROVIDE FOR EXCEPTIONS.

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

S. 1044 -- Senator McConnell: A BILL TO DESIGNATE SECTIONS 38-9-10 THROUGH 38-9-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AND CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS AS ARTICLE 1 OF CHAPTER 9, TITLE 38 AND ENTITLE THAT ARTICLE "GENERAL PROVISIONS"; TO AMEND CHAPTER 9, TITLE 38 BY ADDING ARTICLE 3 SO AS TO ENACT PROVISIONS REQUIRING INSURERS TRANSACTING BUSINESS IN THIS STATE TO MAINTAIN RISK BASED CAPITAL; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.

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

S. 1045 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-110 SO AS TO ESTABLISH FOR A PERSON EMPLOYED BY AN ORGANIZATION OR ENTITY DOING BUSINESS IN THIS STATE THE RIGHT TO EXAMINE OR OBTAIN, OR BOTH EXAMINE AND OBTAIN, COPIES OF ALL OF THE CONTENTS OF HIS PERSONNEL FILE AS MAINTAINED BY THAT ORGANIZATION OR ENTITY, PROVIDE FOR FEES FOR DEFRAYING THE COST OF GRANTING ACCESS TO SUCH PERSONNEL FILE OR MAKING COPIES, PROVIDE FOR CERTAIN FINES WHICH MAY BE LEVIED BY THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION, AND PROVIDE FOR RELATED MATTERS.

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

S. 1046 -- Senator Gregory: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 32 SO AS TO ENACT THE "SOUTH CAROLINA NONECONOMIC DAMAGE AWARDS ACT OF 1996" WHICH PROVIDES FOR CERTAIN LIMITS ON THE AMOUNT AND TYPES OF DAMAGE AWARDS IN PERSONAL INJURY ACTIONS, AND WHICH PROVIDES FOR FINDINGS WHICH MUST BE MADE IN REGARD TO SUCH DAMAGE AWARDS.

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

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 TO THE COMMUNITY SUBJECT TO REBUTTAL BY THE ACCUSED OFFENDER.

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

S. 1048 -- Senator Gregory: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 34 SO AS TO ENACT THE "SOUTH CAROLINA ELIMINATION OF DOUBLE RECOVERIES ACT OF 1996" WHICH IN TORT ACTIONS PERMITS THE INTRODUCTION INTO EVIDENCE OF COLLATERAL SOURCE PAYMENTS WHICH HAVE BEEN PAID OR MAY BE DUE THE CLAIMANT, WHICH PERMITS THE TRIER OF FACT TO CONSIDER THESE COLLATERAL SOURCE PAYMENTS WHEN DETERMINING THE AMOUNT OF DAMAGES, AND WHICH REQUIRES CERTAIN FINDINGS IN REGARD TO DAMAGE AWARDS IN TORT ACTIONS.

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

S. 1049 -- Senator Rankin: A BILL TO AMEND SECTION 23-6-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPOSITION OF THE SOUTH CAROLINA PUBLIC SAFETY COORDINATING COUNCIL, SO AS TO EXPAND THE MEMBERSHIP TO INCLUDE A VICTIM REPRESENTATIVE.

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

S. 1050 -- Senators McConnell, Lander and Giese: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, BY ADDING SECTION 24 SO AS TO PROVIDE FOR THE "VICTIMS' BILL OF RIGHTS"; AND ALSO PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE I OF THE CONSTITUTION, RELATING TO THE RIGHT OF BAIL, CRUEL OR UNUSUAL PUNISHMENT, AND DETENTION OF WITNESSES, SO AS TO PROVIDE THAT BAIL MAY BE DENIED TO PERSONS CHARGED WITH VIOLENT OFFENSES.

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

S. 1051 -- Senators Bryan and Giese: A BILL TO AMEND CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-345 SO AS TO PROVIDE THAT A PARENT MAY BE SUBJECT TO CRIMINAL PENALTY OR IMPRISONMENT FOR IMPROPER SUPERVISION OF A MINOR CHARGED WITH A CRIMINAL ACT WHEN SUCH NEGLECT IS A PROXIMATE CAUSE OF THE FURTHER DELINQUENCY OF THE MINOR; AND TO AMEND SECTION 20-7-400 SO AS TO PROVIDE THE FAMILY COURT WITH EXCLUSIVE JURISDICTION OVER THE PARENTS IN MATTERS ARISING OUT OF SECTION 20-7-345.

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

S. 1052 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2155 SO AS TO PROVIDE THE CONTENT OF THE SCHOOL BUS RESTRICTED AND SCHOOL ENDORSEMENT COMMERCIAL DRIVER'S LICENSE TESTS, TO REQUIRE A SCHOOL BUS DRIVER TO COMPLETE INSERVICE TRAINING, TO REQUIRE THE DEPARTMENT OF EDUCATION TO APPROVE THE CONTENT OF THE SCHOOL BUS RESTRICTED AND THE SCHOOL ENDORSEMENT COMMERCIAL DRIVER'S LICENSE TESTS, TO PROVIDE THE COST FOR TRAINING, PERMITTING, AND TESTING NECESSARY TO OBTAIN A SCHOOL BUS RESTRICTED COMMERCIAL DRIVER'S LICENSE, TO PROVIDE THE FEE STRUCTURE FOR THE SCHOOL ENDORSEMENT COMMERCIAL DRIVER'S LICENSE, AND TO REQUIRE APPLICANTS FOR THE SCHOOL BUS OR SCHOOL ENDORSEMENT COMMERCIAL DRIVER'S LICENSES TO COMPLETE A MEDICAL EXAM; TO AMEND SECTIONS 56-1-2030, AS AMENDED, 56-1-2050, AS AMENDED, 56-1-2070, 56-1-2080, 56-1-2090, 56-1-2100, AS AMENDED, 56-1-2110, AS AMENDED, AND 56-1-2150 RELATING TO THE SOUTH CAROLINA COMMERCIAL DRIVER LICENSE ACT, SO AS TO INCLUDE DEFINITIONS FOR "SCHOOL BUS DRIVER" AND "INSTRUCTOR OF DRIVER TRAINING AND SAFETY"; TO REQUIRE THE OPERATOR OF A SCHOOL BUS INVOLVED IN A TRAFFIC VIOLATION TO PROVIDE HIS EMPLOYER THIS INFORMATION, AND TO PROHIBIT A SCHOOL BUS DRIVER WHO VIOLATES THIS PROVISION FROM OPERATING A SCHOOL BUS; TO REQUIRE A PERSON WHO OBTAINS A COMMERCIAL DRIVER'S LICENSE TO OPERATE A SCHOOL BUS TO OBTAIN A SCHOOL BUS RESTRICTED OR A SCHOOL BUS ENDORSEMENT COMMERCIAL DRIVER'S LICENSE; TO SPECIFY WHO MAY ADMINISTER THE SCHOOL BUS RESTRICTED COMMERCIAL DRIVER'S LICENSE AND THE SCHOOL ENDORSEMENT FOR A COMMERCIAL DRIVER'S LICENSE SKILLS TESTS, AND TO PROHIBIT A SCHOOL BUS DRIVER FROM WAIVING THE SKILLS TESTS; TO REVISE THE FEE A PUBLIC SCHOOL BUS DRIVER MUST PAY TO OBTAIN A SCHOOL BUS RESTRICTED COMMERCIAL DRIVER'S LICENSE, AND TO PROVIDE THE PROCEDURE, THE ISSUANCE, AND RENEWAL OF COMMERCIAL DRIVER'S LICENSES, SCHOOL BUS DRIVER CERTIFICATIONS, SCHOOL BUS COMMERCIAL DRIVER'S LICENSES, AND SCHOOL ENDORSEMENT COMMERCIAL DRIVER'S LICENSES; TO REQUIRE A PERSON ISSUED A LICENSE WITH A SCHOOL BUS RESTRICTION TO ONLY OPERATE A SCHOOL BUS; TO DISQUALIFY PERSONS WHO HAVE COMMITTED CERTAIN ACTS TO BE DISQUALIFIED FROM OPERATING A SCHOOL BUS; TO PROVIDE THE TESTING A PERSON WHO HAS BEEN ISSUED A COMMERCIAL DRIVER'S LICENSE IN ANOTHER STATE MUST RECEIVE TO BE PERMITTED TO OPERATE A SCHOOL BUS IN THIS STATE, AND TO REQUIRE THE DEPARTMENT OF REVENUE AND TAXATION AND THE DEPARTMENT OF EDUCATION TO DETERMINE WHETHER ANOTHER STATE'S TESTING PROCEDURE IS ACCEPTABLE; AND TO PROVIDE THAT THE TERM "DRIVER LICENSE" SHALL MEAN "DRIVER'S LICENSE" WHEREVER IT APPEARS IN THE CODE AND TO PERMIT THE CODE COMMISSIONER TO MAKE THE APPROPRIATE CHANGES IN THE CODE TO CONFORM WITH THIS PROVISION.

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

S. 1053 -- Senator Bryan: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MR. CECIL GARRETT, OF LAURENS, A PROMINENT CIVIC LEADER AND COUNTY TREASURER, UPON HIS DEATH.

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

H. 4419 -- Rep. Anderson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME SOUTH CAROLINA HIGHWAY 81 FROM THE CITY LIMIT OF GREENVILLE TO THE POINT ONE MILE SOUTH OF THE CITY LIMIT IN GREENVILLE COUNTY IN HONOR OF BISHOP WILLIAM EDWARD FULLER, SR.

Whereas, Bishop William Edward Fuller, Sr., was born on January 29, 1875, in Mountville, South Carolina; and

Whereas, Bishop Fuller led the Fire Baptized Holiness Church of God of the Americas for sixty years; and

Whereas, Bishop Fuller was a great statesman, educator, a man of cohesive power and wisdom, a dynamic preacher, and a crusader for the true and living God; and

Whereas, he was the founder, organizer, and president of the Fuller Normal and Industrial Institute in Atlanta, Georgia, which opened its doors in 1912; and

Whereas, in 1923, Bishop Fuller moved the Fuller Normal and Industrial Institute from Atlanta, Georgia, to Greenville, South Carolina; and

Whereas, under his leadership, the Greenville campus grew to include twelve acres of land, the Caroline Williams Phelps Administration Building, and Emma Wright Fuller Hall which served as an academic classroom building and dormitory; and

Whereas, after Bishop Fuller's death in 1958, his son, Bishop William Edward Fuller, Jr., has carried on his father's legacy by overseeing the addition of ten and one-half acres to the institute's campus and construction of four additional buildings; and

Whereas, the Fuller Normal and Industrial Institute has hosted numerous national and international religious conventions and meetings; and

Whereas, it is fitting and proper that South Carolina 81 from the city limit of Greenville to the point one mile south of the city limit in Greenville County be designated and named the "Bishop William Edward Fuller, Sr., Highway" as a lasting tribute to this distinguished South Carolinian. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly request that the Department of Transportation designate and name South Carolina Highway 81 in Greenville County described in this resolution as the "Bishop William Edward Fuller, Sr., Highway" and to install appropriate markers or signs at places along the highway as the department considers advisable containing the words "Bishop William Edward Fuller, Sr., Highway."

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and the family of Bishop William Edward Fuller, Sr.

Referred to the Committee on Transportation.

H. 4423 -- Rep. Rice: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT A MARKER AT THE INTERSECTION OF UNITED STATES HIGHWAY 25 AND SOUTH CAROLINA HIGHWAY 124 IN GREENVILLE COUNTY HONORING MR. RICKY DALE PERRY.

Whereas, Mr. Ricky Dale Perry was born on September 20, 1958, in Greenville County, South Carolina, and was a member of Saint Paul United Methodist Church in Greenville; and

Whereas, Ricky was a graduate of Parker High School and attended Greenville Technical College; and

Whereas, he devoted his life to helping his fellow man; and

Whereas, Ricky's life tragically was cut short by a drunk driver while he was assisting a stranded motorist at the intersection of United States Highway 25 and South Carolina Highway 124; and

Whereas, his heroism and compassion was recognized by the Greenville County Council in a resolution issued on October 17, 1989; and

Whereas, it is fitting and proper that a marker be erected at the intersection of United States Highway 25 and South Carolina Highway 124 in Greenville County as a lasting tribute to Mr. Ricky Dale Perry's lifelong humanitarian efforts. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly request that the Department of Transportation erect a marker at the intersection of United States Highway 25 and South Carolina Highway 124 that memorializes the life and commemorates the humanitarian work of Mr. Ricky Dale Perry.

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and to the family of Mr. Ricky Dale Perry.

Referred to the Committee on Transportation.

H. 3057 -- Reps. Tucker, Simrill, Wofford, D. Smith, Haskins, Vaughn, Harrison, Cooper, Limbaugh, Elliott, Richardson, Gamble, Stuart, Phillips, Knotts and Spearman: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF CIRCUIT COURT JURY LISTS FROM A TAPE OF THOSE PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO DELETE THIS PROVISION AND PROVIDE THAT THESE JURY LISTS MUST BE PREPARED BY THE STATE ELECTION COMMISSION FROM THE NAMES OF THE REGISTERED VOTERS IN THE COUNTY.

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

H. 3203 -- Rep. Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ANY PERSON ELECTED TO A SCHOOL DISTRICT BOARD OF TRUSTEES OR APPOINTED OR ELECTED TO A COUNTY BOARD OF EDUCATION AFTER JULY 1, 1995, WHO PREVIOUSLY HAS NOT SERVED IN SUCH OFFICE, SHALL SUCCESSFULLY COMPLETE AN ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING OFFICE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL REIMBURSE LOCAL SCHOOL DISTRICTS AND BOARDS OF EDUCATION FOR THE COST OF THESE ORIENTATIONS UP TO A MAXIMUM AMOUNT PER YEAR.

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

H. 3532 -- Reps. Wright, H. Brown, Cato, Cooper, Fulmer, Harvin, Harwell, Keegan, Knotts, Koon, Wilkins and A. Young: A BILL TO AMEND TITLE 52, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMUSEMENTS, GAMES, AND ATHLETIC CONTESTS BY ADDING CHAPTER 19 SO AS TO ESTABLISH IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH TO A PERSON ENGAGED IN A ROLLER SKATING ACTIVITY CAUSED BY AN INHERENT RISK OF ROLLER SKATING.

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

H. 3653 -- Reps. Cato, H. Brown, G. Brown, Neilson, Bailey, A. Young, Knotts, Meacham, Davenport, Simrill, Shissias, Cooper, Wright, Jennings, Spearman, Marchbanks and Harrison: A BILL TO AMEND SECTION 56-9-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SO AS TO REVISE THE DEFINITION OF "MOTOR VEHICLE LIABILITY POLICY".

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

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.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 4329 -- Reps. P. Harris, Waldrop, Neilson, Lanford, Inabinett, Keyserling, Hutson, Cain, Shissias, T. Brown, J. Brown, Harvin, Carnell, Rogers, Scott, Meacham and Clyburn: A JOINT RESOLUTION TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON AGING IN CONJUNCTION WITH THE CENTER OF HEALTH POLICY, INSTITUTE OF PUBLIC AFFAIRS, UNIVERSITY OF SOUTH CAROLINA, TO EVALUATE AND STUDY OPTIONS FOR CONSUMER FINANCING OF LONG-TERM CARE AND TO REPORT AND MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY.

Read the first time and referred to the Committee on Medical Affairs.

H. 4361 -- Reps. P. Harris, Waldrop, Neilson, Lanford, Inabinett, Keyserling, Cain, Shissias, T. Brown, J. Brown, Jennings, Harvin, Carnell, Rogers and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-36-325 SO AS TO DIRECT THE ALZHEIMER'S DISEASE AND RELATED DISORDERS RESOURCE COORDINATION CENTER TO DEVELOP A GRANT PROGRAM TO ASSIST WITH PROBLEMS RELATIVE TO THIS DISEASE AND TO REQUIRE THE GRANT RECIPIENT TO PROVIDE MATCHING FUNDS OR IN-KIND CONTRIBUTIONS.

Read the first time and referred to the Committee on Medical Affairs.

H. 4397 -- Reps. Wilkins, Huff, Sharpe, H. Brown, D. Smith, Cato, Townsend, Haskins, J. Brown, Littlejohn, Herdklotz, Hutson, J. Young, Jennings, Simrill, Bailey, Harrell, Allison, Law, Walker, Gamble and Richardson: A BILL ENACTING THE ECONOMIC DEVELOPMENT INDUSTRIAL CLUSTER ACT OF 1996, BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-6-3480, 38-7-190, AND 12-10-45 SO AS TO ALLOW CERTAIN INCOME TAX CREDITS TO BE APPLIED AGAINST INSURANCE PREMIUM TAX LIABILITIES AND VICE VERSA AND TO PROVIDE FOR THE DESIGNATION OF ADDITIONAL ENTERPRISE ZONES IN THE CASE OF PROJECTS OF QUALIFYING TIRE MANUFACTURERS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO EXTEND THE TAX CREDIT CARRY FORWARD PERIOD FROM TEN TO FIFTEEN YEARS; TO AMEND SECTION 12-10-70, RELATING TO ADDITIONAL TAX CREDITS ALLOWED IN ENTERPRISE ZONES AND OTHER SITUATIONS RELATED TO SOCIO-ECONOMIC STATUS, SO AS TO EXTEND THESE PROVISIONS TO QUALIFYING TIRE MANUFACTURERS AND ALLOW THE QUALIFICATION OF A PERCENTAGE OF TRANSFERRED EMPLOYEES AS NEW EMPLOYEES IN THE CASE OF AN ELIGIBLE TIRE MANUFACTURER; TO AMEND SECTION 12-10-80, RELATING TO THE JOB DEVELOPMENT FEES ALLOWED QUALIFYING BUSINESSES, SO AS TO CLARIFY THE STATUS OF THE FEES IN THE EVENT OF DISQUALIFICATION AND PROVIDE ADDITIONAL CIRCUMSTANCES UNDER WHICH JOB DEVELOPMENT FEES MAY BE EXPENDED; TO AMEND SECTION 12-14-30, RELATING TO DEFINITIONS UNDER THE ECONOMIC IMPACT ZONE COMMUNITY DEVELOPMENT ACT OF 1995, SO AS TO PROVIDE ADDITIONAL ELIGIBILITY FOR QUALIFYING FOR THE BENEFITS ALLOWED IN THE ACT; TO AMEND SECTION 12-21-2423, AS AMENDED, RELATING TO THE RETENTION OF A PORTION OF ADMISSIONS LICENSE TAXES FOR MAJOR TOURISM OR RECREATION PROJECTS, SO AS TO CLARIFY THE APPLICATION OF THE PROVISION ALLOWING THE RETENTION OF THESE TAX REVENUES; AND TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY AND ALLOWABLE DEPRECIATION OF PROPERTY FOR PURPOSES OF PROPERTY TAXATION, SO AS TO ALLOW A HIGHER DEPRECIATION RATE FOR RUBBER PRODUCTS AND ALLOW A LOWER DEPRECIATION LIMIT FOR QUALIFYING TIRE MANUFACTURERS.

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

H. 4425 -- Ways and Means Committee: A JOINT RESOLUTION MAKING APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.

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

H. 4442 -- Reps. Vaughn, McMahand, Cato, Rice, Anderson, Herdklotz, Tripp, Haskins, Wilkins, Easterday and Jaskwhich: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF AUGUST 28, 1995, MISSED BY THE STUDENTS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY WHEN THE DISTRICT'S SCHOOLS WERE CLOSED DUE TO RECORD-SETTING RAINS, HEAVY FLOODING, AND CLOSED ROADS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

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

THIRD READING BILL

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

S. 1042 -- Senator Bryan: A BILL TO AMEND ACT SECTION 1(F) OF ACT 779 OF 1988, AS LAST AMENDED BY ACT 174 OF 1995, SO AS TO CHANGE THE DATE OF THE ELECTION TO ELECT A SCHOOL BOARD TRUSTEE IN ELECTION DISTRICTS 2, 4, AND 6 OF LAURENS COUNTY SCHOOL DISTRICT 55 FROM THE FIRST TUESDAY IN MARCH 1996, TO THE FIRST TUESDAY IN MARCH 1997.

(By prior motion of Senator BRYAN)

SECOND READING BILL
WITH NOTICE OF GENERAL AMENDMENTS

The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:

H. 3878 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-13-1760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF WHITE PERCH, SO AS TO DELETE THE REQUIREMENT THAT ONLY FRESH FISH ON ICE WITH AN INVOICE NOT OVER TWO WEEKS OLD MAY BE SOLD, THE PROHIBITION ON THE SALE OF FROZEN FISH, AND THE DATES THE FISH MAY BE SOLD.

READ THE SECOND TIME

S. 918 -- Senator Jackson: A BILL TO AMEND SECTION 53-1-160 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF SUNDAY WORK PROHIBITIONS BY COUNTIES, SO AS TO DELETE THE REQUIREMENT OF HOLDING A REFERENDUM IN A COUNTY WHICH QUALIFIES FOR THE EXEMPTION PROVIDED IN SECTION 53-1-150 AFTER MAY 8, 1985.

Senator JACKSON 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 second reading of the Bill.

Senator JACKSON explained the Bill.

The Bill was read the second time and ordered placed on the third reading Calendar.

REFERRED

S. 919 -- Senator Jackson: A BILL TO AMEND SECTION 53-1-160 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF SUNDAY WORK PROHIBITIONS BY COUNTIES, SO AS TO PROVIDE THAT THE REFERENDUM REQUIRED IN A COUNTY WHICH QUALIFIES FOR THE EXEMPTION PROVIDED IN SECTION 53-1-150 AFTER MAY 8, 1985, SHALL NOT BE HELD IN A COUNTY WHICH HAS ENACTED AN ORDINANCE SUSPENDING OPERATION OF THE BLUE LAWS PRIOR TO QUALIFYING FOR THE EXEMPTION PROVIDED IN SECTION 53-1-150.

Senator THOMAS 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 second reading of the Bill.

On motion of Senator THOMAS, with unanimous consent, the Bill was referred to the Greenville Delegation.

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

MOTION ADOPTED

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

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

CARRIED OVER

H. 4138 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-145 SO AS TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT WHEN A FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.

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

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

CARRIED OVER

H. 3651 -- Rep. H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-330 SO AS TO ESTABLISH THE STATE PROPERTY TAX CREDIT FUND AND REQUIRE ANNUAL APPROPRIATIONS TO THE FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-251 SO AS TO ALLOW A HOMESTEAD EXEMPTION FROM PROPERTY TAXES OTHER THAN THOSE LEVIED FOR BONDED INDEBTEDNESS EQUAL TO TWENTY-EIGHT THOUSAND FIVE HUNDRED DOLLARS OF FAIR MARKET VALUE ESCALATING, DEPENDING ON REVENUES IN THE STATE PROPERTY TAX CREDIT FUND TO A COMPLETE EXEMPTION FROM ALL TAXES EXCEPT THOSE LEVIED FOR BONDED INDEBTEDNESS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-217 SO AS TO REQUIRE TRIENNIAL REASSESSMENT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-75, AND 59-73-35 SO AS TO IMPOSE SPENDING LIMITS ON COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE DISTRICTS AND IMPOSE AN AD VALOREM TAX REVENUE LIMITATION ON SCHOOL DISTRICTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-350 SO AS TO PROVIDE A STANDARDIZED TAX BILL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-60 SO AS TO PROVIDE FOR NOTICE REQUIREMENTS FOR LOCAL GOVERNMENT BUDGETING.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (JIC\5990HTC.95) previously proposed on May 11, 1995, by Senators LEATHERMAN, DRUMMOND, J. VERNE SMITH and JACKSON.

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

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

CARRIED OVER

S. 144 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 7-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND TERMS OF OFFICE OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT THE BOARD'S OFFICE MAY BE LOCATED AT A PLACE OTHER THAN THE COUNTY SEAT WHEN IT IS NOT POSSIBLE OR PRACTICABLE TO DO SO.

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

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

CARRIED OVER

S. 760 -- Senator Moore: A BILL TO AMEND SECTION 40-55-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTS CONSTITUTING THE PRACTICE OF PSYCHOLOGY, SO AS TO INCLUDE PRACTICING PSYCHOLOGY.

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

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

MOTION ADOPTED

On motion of Senators PASSAILAIGUE and BRYAN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Laura S. Griffin of Charleston, S.C.

ADJOURNMENT

At 12:33 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:00 A.M.

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