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 PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear words from the ancient Book of Job, Chapter 28 (v.28) (NRSV):

"And he said to humankind,

'Truly, the fear of the Lord, that is

wisdom;

  And to depart from evil is understanding.'"
Let us pray.

Dear Lord, we know that we are only pilgrims on the path of life.   That simplifies things for us a little bit.

It teaches us that we should carry in our luggage only the things that are needed on the trip.

Help us to rid ourselves of unnecessary anxiety and concern about unimportant matters.

But teach us to address ourselves with all our hearts to the things that really matter; remembering that

"the fear of the Lord is wisdom, and

departing evil is understanding."

Amen.

Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator GIESE moved that a call of the Senate be made. The following Senators answered the call:

Alexander                 Boan                      Bryan
Cork                      Courson                   Drummond
Elliott                   Ford                      Giese
Glover                    Gregory                   Hayes
Jackson                   Lander                    Leatherman
Leventis                  Martin                    Matthews
McConnell                 McGill                    Mescher
O'Dell                    Passailaigue              Patterson
Peeler                    Rankin                    Reese
Richter                   Rose                      Russell
Ryberg                    Setzler                   Short
Smith, J.V.               Thomas                    Waldrep
Washington                Wilson                    

The Senate resumed.

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

The following were received and referred to the appropriate committees for consideration:

Document No. 1900
Promulgated by Department of Health and Environmental Control
Retail Food Store (Repeal)
Received by Lt. Governor January 15, 1996
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 15, 1996

Document No. 1902
Promulgated by Department of Health and Environmental Control
Submission of Engineering Reports and Environmental Impact Statements
Received by Lt. Governor January 16, 1996
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 16, 1996

Document No. 1903
Promulgated by Department of Health and Environmental Control
Minimum Standards for Licensing Clinics Performing Abortions During Second Trimester
Received by Lt. Governor January 23, 1996
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 23, 1996

Document No. 1914
Promulgated by Department of Health and Environmental Control
Standards for Performance for Asbestos Abatement Operations
Received by Lt. Governor January 16, 1996
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 16, 1996

Document No. 1916
Promulgated by Health and Environmental Control
Pit Privies
Received by Lt. Governor January 15, 1996
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 15, 1996

Document No. 1917
Promulgated by Workers' Compensation Commission
Words and Phrases, Defined; Filing with the Commission, Defined; Periodic Report; Status Report and Compensation Receipt; Terminating Temporary Total or Temporary Partial Compensation Benefits; Adjusting the Compensation Rate; Settlement, Form 16; Settlement by Agreement and Final Release; Informal Conference; Fines, Assessment and Review
Received by Lt. Governor January 15, 1996
Referred to Senate Committee on Judiciary
120 day review expiration date May 15, 1996

TO:       MEMBERS, SOUTH CAROLINA SENATE
FROM:   SENATE COMMITTEE ON ETHICS
DATE:   JANUARY 16, 1996
RE:       OPINION 1996-1

The Senate Committee on Ethics has received the following questions that we feel should be answered with this Opinion:

1) Is a person who has filed a form E4A.1 - Campaign Disclosure Form and a form EA8.1 - Committee Statement of Organization, who is soliciting campaign funds by mail and other methods indeed a candidate and subject to The Ethics, Government Accountability, and Campaign Reform Act of 1991, With Amendments Effective January 12, 1995?

2) If that person is considered a candidate and is currently an officer with an organization whose purpose is to influence legislation through citizen involvement, is that person permitted under The Ethics, Government Accountability, and Campaign Reform Act of 1991, With Amendments Effective January 12, 1995, to distribute literature, newspaper fillers and to write articles identifying himself as an officer of the organization?

3) If the answer to question two is in the affirmative, must the candidate, the organization in which he is a member and officer, and any newspaper, magazine, or other media organization publishing or announcing such articles be required to report the associated costs on the Campaign Disclosure Form or other required reports as assistance in-kind to a political candidate?

4) Would an incumbent Member who writes a column during the legislative session for publication in various newspapers or gives legislative reports on radio and television stations be required to report the in-kind value of publication space and/or air time on their Campaign Disclosure Form.
We feel that to properly begin our answers to these questions, The Ethics, Government Accountability, and Campaign Reform Act of 1991, With Amendments Effective January 12, 1995, should be quoted in part. Therefore, we offer the following quotations:

"SECTION 8-13-1300. Definitions.

(4) 'Candidate' means a person who seeks appointment, nomination for election, or election to a statewide or local office or authorizes or knowingly permits the collection or disbursement of money for the promotion of his candidacy or election. 'Candidate' does not include a candidate within the meaning of Section 431(b) of the Federal Election Campaign Act of 1976.

(6) 'Committee' means an association, a club, an organization, or a group of persons which, to influence the outcome of an elective office or a ballot measure, receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle. It also means an individual who, to influence the outcome of an elective office or a ballot measure, makes contributions aggregating at least fifty thousand dollars during an election cycle to, or at the request of, a candidate or a committee, or a combination of them. 'Committee' includes a party committee, a legislative caucus committee, a noncandidate committee, or a committee that is not a campaign committee for a candidate but that is organized for the purpose of influencing an election.

(7) 'Contribution' means a gift, subscription, loan guarantee upon which collection is made, forgiveness of a loan, an advance, in-kind contribution or expenditure, a deposit of money, or anything of value made to a candidate or committee to influence an election or ballot measure; or payment or compensation for the personal service of another person which is rendered for any purpose to a candidate or committee without charge. 'Contribution' does not include volunteer personal services on behalf of a candidate or committee for which the volunteer receives no compensation from any source.

(12) 'Expenditure' means a purchase, payment, loan, forgiveness of a loan, an advance, in-kind contribution or expenditure, a deposit, transfer of funds, gift of money, or anything of value for any purpose.

(15) 'Gift' means anything of value, including entertainment, food, beverage, travel, and lodging given for pay to a public official or public employee to the extent that consideration of equal or greater value is not received. A gift includes a rebate or discount on the price of anything of value unless it is made in the ordinary course of business without regard to that person's status. A gift does not include campaign contributions accepted pursuant to this article.

(17) 'Independent expenditure' means:

(a) an expenditure made by a person to advocate the election or defeat of a clearly identified candidate; and

(b) when taken as a whole and in context, the expenditure made by a person expressly to urge a particular result in an election but which is not:

(i) made to;

(ii) controlled by;

(iii) coordinated with;

(iv) requested by; or

(v) made upon consultation with a candidate or an agent of a candidate.

Expenditures by party committees or expenditures by legislative caucus committees based upon party affiliation are considered to be controlled by, coordinated with, requested by, or made upon consultation with a candidate or an agent of a candidate.

(19) 'Individual with whom he is associated' means an individual with whom the person or a member of his immediate family mutually has an interest in a business of which the person or a member of his immediate family is a director, an officer, owner, employee, a compensated agent, or holder of stock worth one hundred thousand dollars or more at fair market value and which constitutes five percent or more of the total outstanding stock of any class.

(20) 'In-kind contribution or expenditure' means goods or services which are provided to or by a person at no charge or for less than their fair market value.

(23) 'Noncandidate committee' means a committee that is not a campaign committee for a candidate but is organized to influence an election or to support or oppose a candidate, public official, or ballot measure, which receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle. 'Noncandidate committee' does not include political action committees that contribute solely to federal campaigns.

(25) 'Person' means an individual, a proprietorship, firm, partnership, joint venture, joint stock company, syndicate, business trust, an estate, a company, committee, an association, a corporation, club, labor organization, or any other organization or group of persons acting in concert.

SECTION 8-13-1302.

Maintenance of records of contributions, contributors, and expenditures.

(A) A candidate or committee shall maintain and preserve an account of:

(1) the total of contributions accepted by the candidate or committee;

(2) the name and address of each person making a contribution and the date of receipt of each contribution;

(3) the total of expenditures made by or on behalf of the candidate or committee;

(4) the name and address of each person to whom an expenditure is made including the date, amount, purpose, and beneficiary of the expenditure;

(5) all receipted bills, canceled checks, or other proof of payment for each expenditure.

(B) The candidate or committee must maintain and preserve all receipted bills and accounts required by this article for four years."
Question One asks firstly if a person who has filed the proper forms and is soliciting campaign funds is indeed a candidate and subject to The Ethics, Government Accountability, and Campaign Reform Act of 1991, With Amendments Effective January 12, 1995. SECTION 8-13-1300, subsection 4 says in part, "'Candidate' means a person who seeks appointment, nomination for election, or election to a statewide or local office or authorizes or knowingly permits the collection or disbursement of money for the promotion of his candidacy or election." Therefore, it is our decision, that for the purposes of this Opinion, the criteria which determines if a person is a candidate for the office of State Senator in South Carolina, has been met. We remind Members and candidates of Section 8-13-1304, which reads as follows:

"A committee, except an out-of-state committee, which receives or expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of an elective office or ballot measure must file a statement of organization with the State Ethics Commission no later than five days after receiving the contribution or making the expenditure. An out-of-state committee which expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of an elective office or a ballot measure must file a statement of organization with the State Ethics Commission no later than five days after making the expenditure."
And Section 8-13-1308 which reads as follows:

"Filing of certified campaign reports by candidates and committees.

(A) Upon the receipt or expenditure of campaign contributions totaling, in an accumulated aggregate, five hundred dollars or more, a candidate or committee required to file a statement of organization pursuant to Section 8-13-1304 must file an initial certified campaign report within ten days of these receipts or expenditures. However, a candidate or a committee that does not receive or expend campaign contributions totaling, in an accumulated aggregate, five hundred dollars or more must file an initial certified campaign report fifteen days before an election as provided in subsection (D).

(B) Following the filing of an initial certified campaign report, additional certified campaign reports must be filed within ten days following the end of each calendar quarter in which contributions are received or expenditures are made, whether before or after an election.

(C) Campaign reports filed by a candidate must be certified by the candidate. Campaign reports filed by a committee must be certified by a duly authorized officer of the committee.

(D)   (1) At least fifteen days before an election, a certified campaign report must be filed showing contributions of more than one hundred dollars and expenditures to or by the candidate or committee for the period ending twenty days before the election. The candidate or committee must maintain a current list during the twenty-day period before the election of all contributions of more than one hundred dollars. The list must be open to public inspection upon request.

(2) A committee immediately shall file a campaign report listing expenditures if it makes an independent expenditure or an incurred expenditure within twenty days before the election in excess of:

(a) ten thousand dollars in the case of a candidate for statewide office; or

(b) two thousand dollars in the case of a candidate for any other office.

(3) In the event of a runoff election, candidates or committees are not required to file another campaign report in addition to the reports already required under this section. However, records must remain open to public inspection upon request between the election and the runoff.

(E) Certified campaign reports detailing campaign contributions and expenditures must contain:

(1) the total of contributions accepted by the candidate or committee;

(2) the name and address of each person making a contribution of more than one hundred dollars and the date of receipt of each contribution;

(3) the total expenditures made by or on behalf of the candidate or committee;

(4) the name and address of each person to whom an expenditure is made from campaign funds, including the date, amount, purpose, and beneficiary of the expenditure."

A reading of Sections 8-13-1300(4), 8-13-1304 and 8-13-1308 are very necessary in determining the time in which a person becomes a candidate.

Questions Two, Three and Four can be joined together as we continue with this Opinion.

With the proper definition of a candidate as a basis for our discussion, we must now determine what is considered an in-kind contribution and what is considered an independent expenditure, to a candidate and Members in relation to media services and media related publications, whether these publications are distributed widely and readily available to the general public or whether they are for the consumption of members of a particular organization.

An in-kind contribution is defined by Section 8-13-1300(20), this is a very broad definition. However, we feel that for the purposes of this Opinion we can and should further define in-kind. The practice of giving goods or services to a campaign is perfectly legal in South Carolina, so long as the value of the in-kind gift is reported. An example is as follows:

Candidate A, has formally announced and filed all the proper documents for the State Senate. A good friend of his owns the local hardware store and wishes to help with the campaign. After discussing the campaign it is determined that the owner of the hardware store decides that he will donate 500 wood stakes, 2 heavy duty staple guns and 1000 staples, for the purpose of constructing yard signs for the campaign. The total value of this material is $250.00. The campaign of Candidate A should then report on their Campaign Disclosure Form this contribution under the In-kind section, and include the name and address of the hardware store and the date the material was given to the campaign.
Another example would be:

Candidate B asks his neighbor to host a cookout for the neighborhood so that he may discuss with them all his reasons for running for the State Senate. The neighbor agrees and buys all of the food and beverage associated with the cookout. Invitations are mailed calling the event a meet Candidate B cookout. All of the cost associated with this cookout must be reported as an in-kind contribution from the neighbor on Candidate B's Campaign Disclosure Form under the In-kind section, and include the name and address of the neighbor who paid for the cookout and the date the event was held.
However, a publication would not be considered an in-kind contribution, however wide spread, of an organization's material unless at some point the material or organization endorses a particular candidate or announces that it is working for the defeat of a particular candidate. An example is as follows:

Candidate C is the president of a local organization. This particular organization is very active in supporting various local and statewide initiatives designed to enhance the funding of technical education, because of the many new factories in their community that need specialized training for their new employees. As president of the organization, Candidate C is highlighted weekly in the organization's newsletter. Candidate C also receives requests from many organizations in the area to write guest editorials in their newsletters and speak to their meetings, as well as many requests from the local media to address this issue. Even though Candidate C is a duly filed candidate for the State Senate, this type of publicity, whether sought or unsought, is not considered an in-kind contribution and does not have to be reported on the Campaign Disclosure Form.
The other extreme would be as follows:

Candidate D has received the formal endorsement of a local organization and has requested before a meeting of the board of directors of the organization that they help the campaign with some type of donation. The organization has agreed to support his campaign through the printing and mailing of several hundred flyers stating why Candidate D should be elected to the State Senate and why Candidate E should be defeated. The organization spends $630.00 on printing and postage. All of this should be reported on Candidate D's Campaign Disclosure Form under the In-kind section, and include the name and address of the organization and the date the material was given to the campaign.
Yet another extreme would be as follows:

Candidate F has received the endorsement of the local organization and does not ask for it, nor does Candidate F seek any funding or help from the organization. The organization pays for bill board advertisements relating to the public their reasons for supporting the campaign of Candidate F for the State Senate. At no time does Candidate F or anybody employed by or associated with the campaign coordinate or request the billboards. In this case, Candidate F does not have to disclose the cost of the billboards, since this expenditure would be considered an independent expenditure as defined by Section 8-13-1300(17).

Therefore, we must determine that an in-kind contribution occurs after an organization or person endorses a candidate and/or collaborates with the candidate or the campaign committee or staff to expend moneys on behalf of the candidate.

A Member or a candidate for the Senate of South Carolina does not have to disclose the value of public media related interviews, articles, editorials, legislative reports or updates. This type of activity is not governed by The Ethics, Government Accountability, and Campaign Reform Act of 1991, With Amendments Effective January 12, 1995.

The Committee realizes that this Opinion may not cover all questions related to in-kind contributions, however, we feel that this Opinion will serve as a basis for determining what is and is not considered an in-kind contribution. Members and candidates are encouraged to thoroughly research a proposed in-kind contribution before acceptance of the same, and if in question as to the legality of the contribution, seek further guidance from the Senate Committee on Ethics in writing.

On motion of Senator LEATHERMAN, with unanimous consent, ordered printed in the Journal.

Senator MATTHEWS introduced Dr. Randolph Smoak of Orangeburg, S.C., Doctor of the Day.

On motion of Senator PEELER, at 11:00 A.M., Senators SALEEBY, LAND, MOORE and FAIR were granted a leave of absence for today.

On motion of Senator DRUMMOND, at 11:00 A.M., Senator HOLLAND was granted a leave of absence for today.

At 11:35 A.M., Senator LEATHERMAN assumed the Chair.

S. 128 -- Senator Rankin: A BILL TO AMEND SECTION 56-1-460 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WHILE LICENSE IS CANCELED, SUSPENDED OR REVOKED, SO AS TO DECREASE THE PERIOD OF INCARCERATION FROM SIXTY TO THIRTY DAYS FOR A SECOND OFFENSE, WHEN THE SUSPENSION IS NOT PURSUANT TO SECTION 56-5-2990, RELATING TO SUSPENSIONS FOR DRIVING UNDER THE INFLUENCE.

Senator RANKIN asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.

There was no objection.

On motion of Senator RANKIN, with unanimous consent, the Bill was committed to the Committee on Judiciary.

The following were introduced:

S. 1059 -- Senators Waldrep and Giese: A BILL TO AMEND SECTION 59-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF ALLOCATIONS TO SCHOOL DISTRICTS UNDER THE EDUCATION FINANCE ACT AND WEIGHTINGS TO ESTABLISH COST DIFFERENCES BETWEEN PROGRAMS, SO AS TO ADD A WEIGHTING FOR PUPILS WITH AUTISM.

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

S. 1060 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-360 SO AS TO PROVIDE THAT THE ASSESSED VALUE OF AN AIRCRAFT PLACED IN SERVICE BEFORE 1951 IS DEEMED TO BE FIVE HUNDRED DOLLARS AND TO EXCLUDE AIRCRAFT OPERATED BY AIRLINE COMPANIES FROM THIS VALUATION.

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

S. 1061 -- Senator Giese: A BILL TO AMEND SECTION 8-11-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE STATE BUDGET AND CONTROL BOARD AND ITS OFFICE OF HUMAN RESOURCES IN THE OPERATION OF THE STATE PERSONNEL SYSTEM, SO AS TO REQUIRE THE BOARD TO DEVISE AND IMPLEMENT A SCHEDULE OF ANNUAL LONGEVITY BASE PAY INCREASES FOR CLASSIFIED STATE EMPLOYEES LIMITED TO TWENTY SUCH LONGEVITY RAISES FOR A SINGLE EMPLOYEE AND A SCHEDULE OF BASE PAY INCREASES FOR CLASSIFIED EMPLOYEES WHO OBTAIN ADDITIONAL EDUCATIONAL QUALIFICATIONS DIRECTLY RELATED TO IMPROVING JOB PERFORMANCE AND TO PROVIDE EXCEPTIONS.

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

S. 1062 -- Senators Cork, Wilson, Courson, Washington, Alexander, Drummond, Russell, Matthews, Ryberg, Gregory, O'Dell, J. Verne Smith, Mescher, Leventis, Rose, Giese and Hayes: A BILL TO AMEND CHAPTER 8 OF TITLE 27 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSERVATION EASEMENTS, BY ADDING SECTION 27-8-90 SO AS TO PROVIDE FOR THE DONATION OF TEMPORARY PUBLIC RECREATION ACCESS EASEMENTS TO THE STATE BY PRIVATE LAND OWNERS.

Senator CORK spoke on the Bill.

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

S. 1063 -- Senators Hayes, Mescher, J. Verne Smith, Jackson, Waldrep, Ryberg, Richter, Leatherman, Fair, Giese, Washington, O'Dell, Gregory, Martin, Drummond and Lander: A BILL TO ENACT THE OMNIBUS HIGHWAY SAFETY ACT BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-285 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS AN ALCOHOL CONCENTRATION IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY; BY ADDING SECTION 56-5-2951 SO AS TO PROVIDE FOR AN ADMINISTRATIVE DRIVER'S LICENSE AND PERMIT REVOCATION PROCEDURE FOR A PERSON ARRESTED WHILE DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE; BY AMENDING SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF MOTOR VEHICLE LAWS, SO AS TO DEFINE "ALCOHOL" AND "ALCOHOL CONCENTRATION"; BY AMENDING SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF COMMERCIAL DRIVER'S LICENSES, SO AS TO DELETE THE DEFINITION FOR "ALCOHOL" AND "ALCOHOL CONCENTRATION"; BY AMENDING SECTION 56-5-2930, RELATING TO THE UNLAWFUL USE OF NARCOTICS, LIQUOR, DRUGS, OR SIMILAR SUBSTANCES BY A MOTOR VEHICLE DRIVER, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH A PERSON MAY NOT OPERATE A MOTOR VEHICLE; BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS ON A MOTOR VEHICLE OPERATOR, SO AS TO REVISE THE PROCEDURE FOR UTILIZING THE TEST RESULTS, TO DELETE THE DRIVER'S LICENSE AND PERMIT SUSPENSION PROCEDURE, AND TO MAKE TECHNICAL CHANGES; AND BY AMENDING SECTION 56-5-6540, RELATING TO ENFORCEMENT AND PENALTIES FOR FAILING TO WEAR A SAFETY BELT, SO AS TO INCREASE THE FINE FROM TEN TO TWENTY-FIVE DOLLARS, AND TO AUTHORIZE ENFORCEMENT OF SAFETY BELT VIOLATIONS IN THE ABSENCE OF OTHER VIOLATIONS.

Senator HAYES spoke on the Bill.

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

S. 1064 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-460 SO AS TO AUTHORIZE THE USE OF PAPER BALLOTS IN ELECTIONS CONDUCTED TO FILL VACANCIES.

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

S. 1065 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2725 SO AS TO PROHIBIT DAY CARE CENTERS FROM EMPLOYING PERSONS CONVICTED OF CERTAIN CRIMES, TO CREATE A CRIMINAL OFFENSE WHEN A PERSON CONVICTED OF CERTAIN CRIMES APPLIES TO OR IS EMPLOYED BY A DAY CARE CENTER, TO REQUIRE EMPLOYMENT APPLICATIONS TO INCLUDE A STATEMENT REGARDING THE CRIMINAL OFFENSE, TO REQUIRE FINGERPRINT REVIEWS FOR EMPLOYEES AND CAREGIVERS, TO ALLOW TEMPORARY EMPLOYMENT PENDING RESULTS OF THE REVIEW, AND TO WAIVE FINGERPRINT REVIEWS FOR PERSONS CONTINUOUSLY EMPLOYED IN A DAY CARE CENTER FOR THE TWO YEARS PRIOR TO THIS ACT'S EFFECTIVE DATE; TO AMEND SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, 20-7-2860, AND 20-7-2900, ALL AS AMENDED, AND ALL RELATING TO DAY CARE LICENSING, APPROVAL, REGISTRATIONS AND RENEWALS, SO AS TO REVISE THE CRIMINAL OFFENSES FOR WHICH LICENSES, APPROVALS, AND REGISTRATIONS MAY NOT BE ISSUED AND TO DELETE, FOR THE PURPOSE OF CONSOLIDATION, PROVISIONS RELATING TO EMPLOYMENT IN DAY CARE CENTERS; AND TO AMEND SECTION 20-7-2905, AS AMENDED, RELATING TO FEES FOR CRIMINAL HISTORY REVIEWS, SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION AND THE FEDERAL BUREAU OF INVESTIGATION TO PROVIDE TWO COPIES OF THE RESULTS OF THESE REVIEWS.

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

S. 1066 -- Senator Peeler: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF JANUARY 10, 11, AND 12, 1996, MISSED BY STUDENTS OF CHEROKEE SCHOOL DISTRICT 1 IN CHEROKEE COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW AND ICE CONDITIONS ARE 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.

S. 1067 -- Senator Reese: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED DURING THE MONTH OF JANUARY, 1996, BY THE STUDENTS OF ANY SCHOOL OF SCHOOL DISTRICT 7 IN SPARTANBURG COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW AND ICE CONDITIONS ARE 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.

S. 1068 -- Senators Wilson and Courson: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. RAYMOND SAMUEL YOUNGINER OF IRMO IN LEXINGTON COUNTY ON BECOMING A CENTENARIAN ON FEBRUARY 7, 1996, AND FURTHER EXPRESSING APPRECIATION FOR HIS LONG LIFE OF SERVICE TO HIS COUNTRY, STATE, AND COMMUNITY AS A VETERAN OF THE FIRST WORLD WAR, A LONG AND DISTINGUISHED CAREER WITH THE UNITED STATES POST OFFICE, AND NUMEROUS COMMUNITY ACTIVITIES.

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

H. 4485 -- Reps. Klauber, Wofford, Young-Brickell, Cooper, Quinn, J. Young, Robinson, R. Smith, Riser, Williams, Townsend and Stille: A CONCURRENT RESOLUTION TO EXPRESS THE SUPPORT OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE USE OF THE EDDIE EAGLE ELEMENTARY GUN SAFETY EDUCATION PROGRAM IN THE ELEMENTARY SCHOOLS OF THIS STATE.

Whereas, teaching children to act safely around firearms is a critical step in the effort to reduce the number of firearm-related accidents among children; and

Whereas, the Eddie Eagle Elementary Gun Safety Education Program teaches the fundamentals of firearms safety to children in an effective and enjoyable way, communicating to them the lifesaving message offered by the program: "If you see a gun, STOP! Don't touch. Leave the area. Tell an adult."; and

Whereas, the Eddie Eagle Elementary Gun Safety Education Program is a nationally recognized firearms safety program that has reached over six million children since 1988; and

Whereas, the Eddie Eagle Elementary Gun Safety Education Program was awarded the 1993 Outstanding Community Service Award of the National Safety Council; and

Whereas, the South Carolina General Assembly would also like to encourage civic activism and volunteerism to help teach children about gun safety; and

Whereas, the General Assembly commends the National Rifle Association for its diligence and service in developing the Eddie Eagle Elementary Gun Safety Education Program and making it available for use in our communities. Now, therefore,

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

That the members of the General Assembly of South Carolina hereby encourage the State Department of Education to promote the use of the Eddie Eagle Elementary Gun Safety Education Program in the elementary schools of this State to help prevent firearm-related accidents among children.

Be it further resolved that the members of the General Assembly encourage civic and community service organizations that are concerned about the safety and well-being of the children of this State to help provide funding for the Eddie Eagle Elementary Gun Safety Education Program at the local level.

Be it further resolved that a copy of this resolution be forwarded to the State Department of Education.

Referred to the Committee on Education.

H. 4499 -- Rep. Gamble: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED CAREER IN PUBLIC SERVICE OF MR. MILTON W. (MILT) DUFFORD OF THE DEPARTMENT OF PUBLIC SAFETY UPON HIS RETIREMENT AS DIRECTOR OF THE DIVISION OF MOTOR VEHICLES AND EXTENDING TO HIM THEIR BEST WISHES FOR A HAPPY, HEALTHY, AND PRODUCTIVE RETIREMENT.

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

H. 4507 -- Reps. Cave and Rhoad: A CONCURRENT RESOLUTION CONGRATULATING THE BLACKVILLE-HILDA HAWKS FOOTBALL TEAM OF BARNWELL COUNTY ON WINNING THE 1995 STATE CLASS A FOOTBALL CHAMPIONSHIP.

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

H. 3161 -- Rep. Littlejohn: A BILL TO AMEND ACT 388 OF 1969, AS AMENDED, RELATING TO THE CREATION OF THE GLENDALE AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BOARD OF FIRE CONTROL FROM THREE TO FIVE.

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

H. 3628 -- Reps. Thomas, Moody-Lawrence, Cobb-Hunter, Richardson, T. Brown, Knotts, Keegan, Wright, J. Harris, Gamble, J. Young, P. Harris, Baxley, Townsend, Dantzler, Witherspoon, Stille, Law, Scott, Riser and Cotty: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO EXAMINE STATE LAW RELATING TO THE REQUIREMENTS FOR THE TRANSPORTATION, POSSESSION, AND CONSUMPTION OF ALCOHOLIC LIQUORS IN MINIBOTTLES AND TO EXAMINE AMENDMENTS TO STATE LAW PERTAINING TO ALCOHOLIC LIQUOR BY THE DRINK.

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

H. 4033 -- Reps. Wilkins, Witherspoon and Sharpe: A BILL TO AMEND SECTION 50-3-316, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO DELETE THE PROVISIONS FOR EMPLOYMENT BASED ON COUNTY OF RESIDENCE.

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

H. 4473 -- Reps. Littlejohn, Wells, Wilder, Walker, Davenport, Lanford, Allison, Lee, Vaughn and D. Smith: A BILL TO AMEND ACT 879 OF 1960, AS AMENDED, RELATING TO THE CREATION OF THE CROFT FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BOARD OF FIRE CONTROL FROM THREE TO FIVE AND DECREASE FROM SIX TO FOUR YEARS THE LENGTH OF THE TERM OF THE COMMISSIONERS.

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

Senator WILSON from the General Committee submitted a favorable report on:

S. 922 -- Senator Wilson: A BILL TO AMEND SECTION 20-7-2379, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, SO AS TO REQUIRE THE DIVISION TO MAKE RECOMMENDATIONS TO THE GOVERNOR RATHER THAN TO THE GENERAL ASSEMBLY AND TO DELETE OBSOLETE PROVISIONS; AND TO AMEND SECTION 20-7-2391, RELATING TO PETITIONS FOR RELIEF FROM ACTIONS OR RECOMMENDATIONS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO DELETE THE PROVISION RELATING TO PROCEDURES A CHILD CARING FACILITY MUST COMPLY WITH WHEN THE FACILITY IS NOT IN AGREEMENT WITH A LOCAL BOARD'S RECOMMENDATION FOR PERMANENT PLACEMENT AT THE FACILITY.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out S. 1024 favorable:

S. 1024 -- Senators Lander and Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 13, 1996, AS "DISABILITIES DAY", TO ENDORSE THE "B.A.C. - COFFEE DAY FOR PEOPLE WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 13, 1996, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

Courson                   Wilson                    Matthews
Patterson                 O'Dell                    Passailaigue
Rose                      McGill

Peeler                    Russell

Senator COURSON from the Committee on Invitations polled out H. 4446 favorable:

H. 4446 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE DANIEL A. LUDWIG OF MINNESOTA, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 20, 1996.

Courson                   Wilson                    Matthews
Patterson                 O'Dell                    Passailaigue
Rose                      McGill

Peeler                    Russell

S. 654 -- Senator Greg Smith: A BILL TO AMEND CHAPTER 5, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT A PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX COLLECTIONS IN EXCESS OF SIX MILLION DOLLARS AND HAS PASSED A REFERENDUM AUTHORIZING THE ISSUANCE OF PERMITS PURSUANT TO SECTION 61-5-180.

The House returned the Bill with amendments.

On motion of Senator CORK, 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.

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.

Returned with concurrence.

Received as information.

S. 1056 -- Senators Setzler, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED CAREER IN PUBLIC SERVICE OF MR. MILTON W. (MILT) DUFFORD OF THE DEPARTMENT OF PUBLIC SAFETY UPON HIS RETIREMENT AS DIRECTOR OF THE DIVISION OF MOTOR VEHICLES AND EXTENDING TO HIM THEIR BEST WISHES FOR A HAPPY, HEALTHY, AND PRODUCTIVE RETIREMENT.

Returned with concurrence.

Received as information.

S. 1058 -- Senators Short, Peeler, Lander, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY AND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE HONORABLE JAMES M. ARTHUR, SR. OF UNION COUNTY, A PROMINENT CIVIC LEADER AND FORMER LEGISLATOR, UPON HIS DEATH.

Returned with concurrence.

Received as information.

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

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

S. 656 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-3-25 SO AS TO PROVIDE IF A MEMBER OF THE GENERAL ASSEMBLY RESIGNS OR IS EXPELLED, HE MUST REPAY ANY COMPENSATION RECEIVED ON A PRO RATA BASIS, AND PROVIDE THAT, IF HE DOES NOT, THE COMPTROLLER GENERAL SHALL WITHHOLD THAT AMOUNT FROM ANY RETIREMENT BENEFITS HE RECEIVES.

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

H. 3751 -- Reps. Sandifer, R. Smith, Herdklotz, Sheheen, Sharpe, Jaskwhich, Fair, Simrill, Mason, Littlejohn, Cain, Hallman, Whatley, S. Whipper, Vaughn, Easterday, Trotter, Huff, Rice, Keyserling, Limehouse, Allison, Wells, D. Smith, Kinon, Seithel, Fleming, Robinson, Marchbanks, Witherspoon, Meacham, Cromer, Davenport, Lanford, Cato, Tripp, Boan, Martin, J. Young, Askins, G. Brown, Tucker, Haskins and Harwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-165 SO AS TO AUTHORIZE THE TRANSFER OF PRESCRIPTIONS BETWEEN ONE PHARMACY IN THIS STATE AND ANOTHER FOR THE PURPOSE OF SECURING ONE REFILL OF THE PRESCRIPTION AT THE RECEIVING PHARMACY, AND TO PRESCRIBE THE TERMS AND CONDITIONS FOR SUCH TRANSFER.

Senator BRYAN explained the Bill.

S. 823 -- Senators Wilson, Stilwell, Jackson, Martin and Lander: A BILL TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT MUNICIPAL COURTS MAY IMPOSE, SO AS TO PROVIDE THAT A MUNICIPAL COURT MAY ORDER RESTITUTION IN ADDITION TO CRIMINAL PENALTIES WHENEVER A PARTY IS FOUND GUILTY OF VIOLATING A MUNICIPAL ORDINANCE OR A STATE LAW WITHIN THE JURISDICTION OF THE COURT.

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 (JUD0823.001), 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 14-25-65 of the 1976 Code is amended to read:

"Section 14-25-65.   Whenever the If a municipal judge finds a party guilty of violating a municipal ordinance or a state law within the jurisdiction of the court, he the judge may impose a fine of not more than five hundred dollars or imprisonment for thirty days, or both. In addition, a municipal judge may order restitution the judge considers appropriate."

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

Amend title to conform.

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 and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:

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.

On motion of Senator J. VERNE SMITH, H. 4442 was ordered to receive a third reading on Friday, January 26, 1996.

H. 4455 -- Rep. Delleney: A BILL TO AMEND SECTION 7-7-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND PLACES IN CHESTER COUNTY, SO AS TO CHANGE THE POLLING PLACE IN THE EDGEMOOR PRECINCT FROM THE OLD EDGEMOOR SCHOOLHOUSE TO THE EDGEMOOR COMMUNITY PARK.

On motion of Senator SHORT, H. 4455 was ordered to receive a third reading on Friday, January 26, 1996.

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

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

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

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.

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.

H. 3740 -- Rep. Davenport: A BILL TO AMEND SECTION 46-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE MIGRANT FARM WORKERS COMMISSION, SO AS TO REVISE THE NAME AND TO ADD A MEMBER; AND TO AMEND SECTION 46-43-40, RELATING TO THE COOPERATION OF STATE AGENCIES AND DEPARTMENTS WITH THE COMMISSION, SO AS TO REVISE REPORTING REQUIREMENTS.

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

Senator LEVENTIS spoke on the Bill.

On motion of Senator LEVENTIS, the Bill was recommitted to the Committee on Agriculture and Natural Resources.

S. 95 -- Senators McConnell, Courson, Rose, Gregory and O'Dell: A BILL TO AMEND SECTION 24-13-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENDED WORK RELEASE PROGRAM, SO AS TO PROVIDE THAT NO PERSON CONVICTED OF A VIOLENT CRIME AS DEFINED IN SECTION 16-1-60 MAY PARTICIPATE IN THIS PROGRAM; AND TO REPEAL SECTION 24-13-650 WHICH PROHIBITS A PERSON CONVICTED OF A VIOLENT CRIME FROM BEING RELEASED BACK INTO THE COMMUNITY IN WHICH HE COMMITTED THE OFFENSE UNDER THE WORK RELEASE PROGRAM.

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

The Corrections and Penology Committee proposed the following amendment (DKA\3790CM.95), which was adopted:

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

/SECTION   1.   Section 24-13-610 of the 1976 Code is amended to read:

"Section 24-13-610.   The Department of Corrections (department) may establish an extended work release program. The program may allow the exceptional regular work release resident, male or female, convicted of a first and not more than a second offense, the opportunity of extended work release placement in the community with the privilege of residing with an approved community sponsor and continuing employment in the community;. provided, that no No person convicted of murder or criminal sexual conduct in the first or second degree a violent crime as defined in Section 16-1-60 after June 1, 1995, may participate in this extended work release program."

SECTION   2.   Section 24-13-650 of the 1976 Code is repealed.

SECTION   3.   This act takes effect upon approval by the Governor./

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

S. 62 -- Senators McConnell, Rose, Ryberg, Rankin, Elliott, Courson, Wilson and O'Dell: A BILL TO AMEND SECTION 24-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFINEMENT OF PRISONERS, SO AS TO PROVIDE THAT A PRISONER WHO ESCAPES OR ATTEMPTS TO ESCAPE FROM CUSTODY MAY NOT SERVE HIS SENTENCE FOR THE ORIGINAL CONVICTION OR AN ADDITIONAL SENTENCE FOR THE ESCAPE OR ATTEMPTED ESCAPE IN A MINIMUM SECURITY FACILITY AND TO DELETE AN OBSOLETE REFERENCE.

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

The Corrections and Penology Committee proposed the following amendment (DKA\3869CM.95), which was adopted:

Amend the bill, as and if amended, by striking Section 24-3-20(a), SECTION 1, and inserting:

/(a)   Notwithstanding the provisions of Section 24-3-10, any a person convicted of an offense against the this State of South Carolina and committed sentenced to the State Penitentiary at Columbia shall be imprisonment for more than three months is in the custody of the Department of Corrections of the State of South Carolina, and the director department shall designate the place of confinement where the sentence shall must be served. The director department may designate as a place of confinement any available, suitable, and appropriate institution or facility, including a county jail or prison camp, whether maintained by the State Department of Corrections or otherwise. Provided, that if If the facility is not maintained by the department, the consent of the sheriff of the county wherein in which the facility is located must first be obtained first. However, a prisoner who escapes or attempts to escape while assigned to medium, close, or maximum custody may not serve his sentence for the original conviction or an additional sentence for the escape or attempted escape in a minimum security facility for at least five years after the escape or attempted escape and one year before his projected release date."/

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

S. 267 -- Senator Passailaigue: A BILL TO AMEND ARTICLE 7, CHAPTER 3, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGE FORECLOSURE, BY ADDING SECTION 29-3-800, SO AS TO PROVIDE THAT CONTRACTUAL PROVISIONS FOR ATTORNEY FEES IN THE AMOUNT OF A SPECIFIED PERCENTAGE OF THE BALANCE DUE UPON DEFAULT OF A MORTGAGE OR NOTE ARE UNCONSCIONABLE, THAT IN FORECLOSURE ACTIONS THE COURT MUST MAKE A FINDING AS TO THE REASONABLENESS OF ATTORNEY FEES NOTWITHSTANDING ANY CONTRACTUAL PROVISION THAT WOULD AWARD ATTORNEY FEES AS A SPECIFIED PERCENTAGE OF THE BALANCE DUE UPON DEFAULT, AND THAT PARTIES TO A FORECLOSURE ACTION MAY AGREE TO THE AMOUNT OF ATTORNEY FEES DUE, AND IN THE EVENT THE PARTIES REACH SUCH AN AGREEMENT, THE COURT IS NOT REQUIRED TO MAKE A FINDING AS TO THE REASONABLENESS OF THE ATTORNEY FEES.

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

The Committee on Banking and Insurance proposed the following amendment (267R001.EES), which was adopted:

Amend the bill, as and if amended, page 1, line 37, by striking the word / unconscionable / and inserting in lieu thereof:

/unenforceable/.

Amend title to conform.

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

H. 3106 -- Rep. Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3005 SO AS TO PROVIDE THAT UPON LICENSING, APPROVAL, OR REGISTRATION A CHILD DAY CARE FACILITY SHALL PROVIDE PROOF OF CONFORMING WITH LOCAL ZONING ORDINANCES; AND TO AMEND SECTION 20-7-3020, RELATING TO REQUIREMENTS FOR ISSUING A PROVISIONAL LICENSE, REGISTRATION, OR APPROVAL, SO AS TO DELETE AN OBSOLETE REFERENCE.

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

On motion of Senator J. VERNE SMITH, the Bill was carried over.

H. 4005 -- Reps. Richardson and Cato: A BILL TO AMEND SECTION 38-77-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE AND THE SOUTH CAROLINA REINSURANCE FACILITY AND THE FACILITY'S DUTIES GENERALLY, SO AS TO PROVIDE THAT FOR MULTI-VEHICLE INSURANCE POLICIES, ONE OR MORE VEHICLES MAY BE CEDED TO THE FACILITY AS LONG AS THE INSURER IDENTIFIES TO THE FACILITY AND THE INSURED PRECISELY WHICH VEHICLES ARE RETAINED AND WHICH ARE CEDED AND THE RATE LEVEL FOR EACH VEHICLE.

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

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

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.

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.

S. 260 -- Senators O'Dell, Bryan, Elliott, Land, Leatherman, Leventis, Martin, McGill, Waldrep, Washington, Hayes, Reese and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-665 SO AS TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION SHALL CONSTRUCT AND MAINTAIN TURNING LANES ENTERING AND EXITING SECONDARY PUBLIC EDUCATION FACILITIES.

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

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

S. 742 -- Senator Matthews: A BILL TO AMEND TITLE 59, CHAPTER 127, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 SO AS TO CREATE A SPECIAL SCHOOL DISTRICT AT SOUTH CAROLINA STATE UNIVERSITY, THE FELTON LABORATORY SCHOOL DISTRICT, TO ESTABLISH ITS BOARD AND THE BOARD'S DUTIES AND FUNCTIONS, AND TO PROVIDE FOR FUNDING FOR THE DISTRICT AS PREVIOUSLY APPROPRIATED TO THE FELTON LABORATORY SCHOOL.

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

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

Senator DRUMMOND moved that when the Senate adjourns on Friday, January 26, 1996, it stand adjourned to meet next Tuesday, January 30, 1996, at 12:00 Noon, which motion was adopted.

On motion of Senator BRYAN, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Honorable Cecil Garrett, Treasurer of Laurens County, S.C.

At 12:14 P.M., on motion of Senator DRUMMOND, 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, WILSON and PASSAILAIGUE desired to be recorded as voting against the motion to adjourn.

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