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 Pro Tempore.

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

Beloved, we read in the Book of Proverbs, Chapter 16 (v.22):

"Wisdom is a fountain of life to one

who has it,

But Folly is the punishment of fools."
Let us pray.

O God of glory and of grace, we acknowledge that we, too, are caught up in the world's upheavals and confusions.

As we walk the twilight path of indecision, seeking knowledge and understanding, help us as we counsel and instruct each other to be forthright in our convictions.

Whenever we find ourselves caught between the horns of doing what we WANT to do and what we OUGHT to do, may we, by the grace of God, do what we know in our hearts we OUGHT TO DO.

To You be all the glory!

Amen.

At 11:12 A.M., Senator MARTIN assumed the Chair.

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

(R. 242) S. 654 -- Senator Greg Smith: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT THE TEMPORARY MINIBOTTLE PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN AN AREA OF A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX REVENUES IN EXCESS OF SIX MILLION DOLLARS AND WHICH BY REFERENDUM HAS AUTHORIZED THE ISSUANCE OF PERMITS PURSUANT TO SECTION 61-5-180 AND IF A REFERENDUM APPROVING THESE PERMITS IS HELD IN THE AFFECTED AREA OF THE COUNTY AND THE COUNTY IN WHICH THE REFERENDUM IS TO BE HELD HAS ANNUAL ACCOMMODATIONS TAX REVENUES IN EXCESS OF FIVE HUNDRED THOUSAND DOLLARS.

March 4, 1996
Mr. President and Members of the Senate:

I am hereby returning without my approval S. 654, R. 242, an Act:

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT THE TEMPORARY MINIBOTTLE PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN AN AREA OF A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX REVENUES IN EXCESS OF SIX MILLION DOLLARS AND WHICH BY REFERENDUM HAS AUTHORIZED THE ISSUANCE OF PERMITS PURSUANT TO SECTION 61-5-180 AND IF A REFERENDUM APPROVING THESE PERMITS IS HELD IN THE AFFECTED AREA OF THE COUNTY AND THE COUNTY IN WHICH THE REFERENDUM IS TO BE HELD HAS ANNUAL ACCOMMODATIONS TAX REVENUES IN EXCESS OF FIVE HUNDRED THOUSAND DOLLARS.

This veto is based upon several grounds, one of which is my belief that S. 654, R. 242 of 1996, is unconstitutional. Article III, Section 34 of the South Carolina Constitution prohibits the adoption of special laws. Subsection (IX) requires that "where a general law can be made applicable, no special law shall be enacted..." This bill is clearly special legislation, and is an attempt to allow a particular area of a county to circumvent existing general state law.1 This bill illustrates the pitfalls of special legislation and, if enacted, will set a bad precedent for all areas of the law, not just this particular issue.

1Section 61-5-180 authorizes temporary permits for Sunday alcohol sales in counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits.

The purpose of the provision in Section 61-5-180 that allows a county or municipality to hold a referendum on the issue of Sunday alcohol sales is to give every county and municipality in the State the right to determine for itself whether or not to have Sunday alcohol sales. The bill would completely vitiate that right.

The referendum language contained in the bill concerns me in that it allows the specific area affected to be defined in the petition seeking the referendum. The way the language is written, any area east of the intracoastal waterway in an affected county may hold a referendum to approve Sunday alcohol sales.

Additionally, the affected county would be required to pay the expenses for these referenda that will only affect a small portion of the county. This is an unfunded mandate to the counties and the cost will be borne by all taxpayers.

Finally, if this bill becomes law, it will open the door for various other communities around the State to ask the General Assembly to enact similar special legislation in an effort to circumvent the existing general law.

For the reasons listed above, I am vetoing S. 654, R. 242 of 1996.

Sincerely,
David M. Beasley

The veto of the Governor was taken up for immediate consideration.

Senator GREG SMITH moved that the veto of the Governor be overridden.

The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?

The "ayes" and "nays" were demanded and taken, resulting as follows:

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                   Saleeby
Setzler                   Short                     Smith, G.
Smith, J.V.               Thomas                    Waldrep
Washington                Wilson                    

Ryberg

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Senator J. VERNE SMITH introduced Dr. Patricia Westmoreland of Greenville, S.C., Doctor of the Day.

Columbia, S.C., March 6, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4054 -- Rep. McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT THE PROVISIONS OF TITLE 42, WORKERS' COMPENSATION, APPLY TO AND INCLUDE ALL PARTICIPANTS IN THE TECH PREP PROGRAM, WHETHER COMPENSATED OR NOT, WHILE THEY ARE ON THE PREMISES OF A PARTICIPATING EMPLOYER, AND BY ADDING SECTION 42-1-55 SO AS TO PROVIDE THAT THE WORKERS' COMPENSATION RATE FOR TECH PREP PROGRAM PARTICIPANTS SHALL BE FIFTY PERCENT OF THE AVERAGE WEEKLY WAGE IN THE STATE FOR THE PRECEDING FISCAL YEAR OR THE SAME RATE THAT THE EMPLOYER PAYS TO COMPARABLE EMPLOYEES, AND REQUIRE THE WORKERS' COMPENSATION COMMISSION TO ENFORCE THIS SECTION BY THE PROMULGATION OF APPROPRIATE REGULATIONS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., March 6, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4365 -- Reps. Lanford, Walker, Keyserling, Jennings, Cain, Bailey, Law, Simrill, Herdklotz and Seithel: A BILL TO AMEND SECTION 44-61-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY MEDICAL TECHNICIAN CERTIFICATES, SO AS TO PROHIBIT DENYING A FIREFIGHTER ENTRY INTO AN EMERGENCY MEDICAL TECHNICIAN COURSE BASED ON WHETHER OR NOT THE FIREFIGHTER'S DEPARTMENT HAS AN AMBULANCE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

The following were introduced:

S. 1225 -- Senators Giese, Passailaigue and Glover: A BILL TO AMEND SECTION 12-6-3390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX CREDIT FOR A PERCENTAGE OF EXPENSES PAID TO A NURSING FACILITY OR FOR IN-HOME OR COMMUNITY CARE, SO AS TO ALSO AUTHORIZE THIS CREDIT FOR A PERCENTAGE OF PREMIUMS PAID FOR LONG-TERM CARE INSURANCE.

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

S. 1226 -- Senators Giese, Passailaigue and Glover: A BILL TO AMEND TITLE 44, CHAPTER 36, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALZHEIMER'S DISEASE, BY ADDING ARTICLE 5 TO ENACT THE "ALZHEIMER'S SPECIAL CARE DISCLOSURE ACT" SO AS TO REQUIRE CERTAIN FACILITIES OFFERING SPECIAL CARE UNITS OR PROGRAMS FOR ALZHEIMER'S PATIENTS TO DISCLOSE TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL THE FORM OF CARE OR TREATMENT PROVIDED THAT DISTINGUISHES IT AS BEING ESPECIALLY SUITABLE FOR THESE PATIENTS.

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

S. 1227 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 74 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR ORGAN TRANSPLANT RECIPIENTS.

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

S. 1228 -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1900 SO AS TO PROVIDE DEFINITIONS RELATING TO CERTAIN DISABLED PERSONS AND CERTAIN SPECIAL MOTOR VEHICLE LICENSE PLATES AND PLACARDS ISSUED TO THEM; TO AMEND SECTION 56-3-1910, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES ISSUED TO DISABLED PERSONS, SO AS TO REVISE THE PROCEDURE FOR ISSUING LICENSE PLATES TO PERSONS AND AGENCIES TRANSPORTING DISABLED PERSONS, TO CREATE A PERMANENT AND A TEMPORARY PARKING EXEMPTION PLACARD AND ESTABLISH FEES AND PROCEDURES FOR THE ISSUANCE OF BOTH PLACARDS AND FOR THE DISTRIBUTION OF THE FEES, AND TO REQUIRE THAT CERTAIN INFORMATION IS PRINTED ON LICENSE PLATES AND PLACARDS ISSUED PURSUANT TO THIS PROVISION.

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

S. 1229 -- Senators Leventis and Richter: A SENATE RESOLUTION COMMENDING DIRECTOR GENERAL STANLEY KAO OF TAIPEI, TAIWAN FOR HIS MANY CONTRIBUTIONS TO CULTURAL UNDERSTANDING AND COOPERATION BETWEEN AMERICANS AND THE PEOPLE OF TAIWAN.

The Senate Resolution was adopted.

H. 4700 -- Reps. J. Young, McElveen, Canty, G. Brown, Neal, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, H. Brown, J. Brown, T. Brown, Byrd, Cain, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF SERGEANT CHARLES B. KUBALA, SR., THE SUMTER COUNTY DEPUTY SHERIFF WHO WAS KILLED IN THE LINE OF DUTY ON FEBRUARY 26, 1996.

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

H. 4600 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 1996, AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO REPEAL SECTIONS 11-11-60, 11-11-130, AND 11-25-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBSOLETE PROVISIONS RELATING TO THE FORMER RESPONSIBILITIES OF THE STATE BUDGET AND CONTROL IN THE BUDGET-MAKING PROCESS AND AGENCY REPORTING REQUIREMENTS; TO REPEAL SECTION 1-11-21 OF THE 1976 CODE, RELATING TO REPORTING DATES FOR THE ANNUAL BUDGET REPORT; TO AMEND SECTION 48-48-140 OF THE 1976 CODE, RELATING TO THE TAX ON LOW-LEVEL RADIOACTIVE WASTE DISPOSAL OF TWO HUNDRED THIRTY-FIVE DOLLARS A CUBIC FOOT AND THE DISTRIBUTION OF THIS REVENUE, AND SECTION 59-143-10, RELATING TO THE SOUTH CAROLINA EDUCATIONAL ASSISTANCE ENDOWMENT FUND (FUND), SO AS TO CHANGE THE NAME OF THIS FUND TO THE "CHILDREN'S EDUCATION ENDOWMENT"; TO AMEND SECTION 12-28-2720 OF THE 1976 CODE, RELATING TO DISTRIBUTION OF THE REVENUES OF THE 10.34 CENTS A GALLON TAX ON GASOLINE, SO AS TO PHASE-IN THE CREDITING OF THE TOTAL AMOUNT OF THE TAX TO THE STATE HIGHWAY FUND; TO AMEND SECTION 12-28-2470(C), AS AMENDED, OF THE 1976 CODE, RELATING TO THE "C" FUNDS PROGRAM, SO AS TO INCREASE FROM TWENTY-FIVE TO FIFTY PERCENT THAT PORTION OF A COUNTY'S ALLOCATION OF "C" FUNDS THAT MUST BE EXPENDED ON HIGHWAY CONSTRUCTION, IMPROVEMENTS, AND MAINTENANCE; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-935 SO AS TO PROVIDE A PHASED-IN INCREASE IN THE DEPRECIATION ALLOWANCE FOR MANUFACTURER'S MACHINERY AND EQUIPMENT FOR PURPOSES OF THE PROPERTY TAX AND TO PROVIDE FOR THE REIMBURSEMENT OF LOCAL TAXING ENTITIES FOR REVENUES NOT COLLECTED BECAUSE OF THIS ADDITIONAL DEPRECIATION; AND TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY AND DEPRECIATION OF MANUFACTURER'S MACHINERY AND EQUIPMENT FOR PURPOSES OF THE PROPERTY TAX, SO AS TO CONFORM IT TO THE PROVISIONS OF SECTION 12-37-935 AS ADDED BY THIS ACT; TO AMEND SECTION 12-28-2730 OF THE 1976 CODE, RELATING TO THAT PORTION OF GASOLINE TAX CREDITED TO THE SPECIAL WATER RECREATIONAL RESOURCES FUND, SO AS TO PROVIDE FOR THE REIMBURSEMENT OF THE DEPARTMENT OF NATURAL RESOURCES FOR NOXIOUS AQUATIC WEED TREATMENT; TRANSFERRING ADMINISTRATION OF THE BATTERED SPOUSE PROGRAM OF THE DEPARTMENT OF SOCIAL SERVICES AND THE RAPE CRISIS CENTER PROGRAM OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO THE STATE OFFICE OF VICTIM'S ASSISTANCE IN THE OFFICE OF THE GOVERNOR; TO REPEAL SECTION 11-9-60 OF THE 1976 CODE, RELATING TO CERTAIN OFFICES FURNISHING THE COMPTROLLER GENERAL WITH REPORTS OF EVIDENCES OF INDEBTEDNESS DUE TO THE STATE; TO REPEAL SECTION 1-11-380 OF THE 1976 CODE, RELATING TO THE STATEWIDE VENDOR CODING SYSTEM AND SECTION 1-11-390, RELATING TO THE COMPTROLLER GENERAL'S ACCUMULATION AND REPORTING OF EXPENDITURE TRANSACTIONS AND HIS DETERMINATION OF THE SUMMARY LEVEL FOR REPORTING UNDER THE FISCAL ACCOUNTABILITY ACT; TO REPEAL SECTION 11-5-40 OF THE 1976 CODE, RELATING TO THE ISSUANCE OF DUPLICATE RECEIPTS TO CERTAIN PERSONS; TO REPEAL SECTION 11-9-100 OF THE 1976 CODE, RELATING TO THE BUDGET AND CONTROL BOARD'S AUTHORITY TO WITHHOLD APPROPRIATIONS FROM AN AGENCY FAILING TO CORRECT CERTAIN DEFICIENCIES OR VIOLATIONS CITED IN INTERNAL OPERATIONS; TO AMEND SECTION 10-1-140 OF THE 1976 CODE, RELATING TO RESPONSIBILITY FOR PERSONAL PROPERTY OF STATE DEPARTMENTS, AGENCIES, AND INSTITUTIONS, SO AS TO PLACE RESPONSIBILITY FOR SUCH PROPERTY IN THE AGENCY HEAD REGARDLESS OF THE NUMBER OF EMPLOYEES; TO AMEND THE 1976 CODE BY ADDING SECTION 8-15-65 SO AS TO REQUIRE ANNUAL APPROPRIATIONS BY THE GENERAL ASSEMBLY FOR SALARY SUPPLEMENTS FOR COUNTY CLERKS OF COURT, PROBATE JUDGES, SHERIFFS, REGISTERS OF MESNE CONVEYANCES, COUNTY AUDITORS, AND COUNTY TREASURERS TO PROVIDE FOR THE MANNER OF PAYMENT OF THESE SUPPLEMENTS, AND TO PROVIDE FOR A REDUCTION IN THE DISTRIBUTION DUE A COUNTY UNDER THE STATE AID TO SUBDIVISIONS ACT WHEN A COUNTY REDUCES THE SALARY OR REDUCES THE OFFICE FUNDING FOR ANY OF THESE OFFICES; TO AMEND SECTION 2-1-180 OF THE 1976 CODE, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING; EXTENDING THE REPAYMENT SCHEDULE OF SUMS TRANSFERRED TO THE CITY OF CHARLESTON FROM FUNDS SET ASIDE FOR THE PATRIOT'S POINT AUTHORITY; TO AMEND SECTION 59-104-20 OF THE 1976 CODE, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO DELETE THE REQUIREMENT THAT THE INSTITUTION IN WHICH THE STUDENT IS ENROLLED SHALL PROVIDE ONE-HALF OF THE SCHOLARSHIP; TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO, AMONG OTHER THINGS, THE UNIVERSITY OF SOUTH CAROLINA ATHLETIC FACILITIES REVENUE BONDS, SO AS TO REVISE DEFINITIONS, DELETE ISSUANCE APPROVAL REQUIREMENTS BY THE STATE BUDGET AND CONTROL BOARD, EXTEND THE BOND AUTHORITY TO RECONSTRUCTION, RENOVATION, AND EQUIPPING OF ATHLETIC FACILITIES, CONFORM PROVISIONS TO REVISED DEFINITIONS, DELETE THE REQUIREMENT THAT ALL HOME FOOTBALL GAMES BE PLAYED AT THE UNIVERSITY'S STADIUM, TO ALLOW THE ISSUE OF TERM BONDS, AND DELETE SPECIFIC REQUIREMENTS RELATING TO BOND MATURITIES, TO EXTEND THE TAX EXEMPTIONS OF SUCH BONDS AND DELETE AN OBSOLETE REFERENCE, TO DELETE LIMITATIONS AND OBSOLETE PROVISIONS RELATING TO THE SALE OF THESE BONDS, TO MAKE VOLUNTARY THE ESTABLISHMENT OF A BOND RESERVE FUND AND TO ALLOW OTHER PROCEEDS TO BE CREDITED TO THE DEBT SERVICE FUND OR BOND RESERVE FUND, AND TO AUTHORIZE TRUSTEES ADDITIONAL POWERS WITH RESPECT TO THE USE OF PROCEEDS OF THESE BONDS; TO AMEND TITLE 59 OF THE 1976 CODE, RELATING TO EDUCATION, BY ADDING CHAPTER 147 ENACTING THE HIGHER EDUCATION REVENUE BOND ACT AUTHORIZING FOUR-YEAR PUBLIC INSTITUTIONS OF HIGHER EDUCATION TO ISSUE REVENUE BONDS TO FINANCE IMPROVEMENTS AND EQUIPMENT AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED; TO AMEND SECTION 59-1-452, AS AMENDED, OF THE 1976 CODE, RELATING TO THE PUBLIC SCHOOL EMPLOYEE COST SAVINGS PROGRAM, SECTION 59-6-12, AS AMENDED, RELATING TO THE EDUCATION IMPROVEMENT ACT SELECT COMMITTEE, SECTION 59-6-30, AS AMENDED, RELATING TO THE ANNUAL ASSESSMENT OF THE EDUCATION IMPROVEMENT ACT, SECTION 59-18-15, AS AMENDED, RELATING TO THE REQUIREMENTS OF THE DEFINED MINIMUM PROGRAM AND OTHER PROGRAMS, AND SECTION 59-141-10, AS AMENDED, RELATING TO NATIONAL EDUCATION GOALS, SO AS TO DELETE REFERENCES TO THE BUSINESS-EDUCATION PARTNERSHIP FOR EXCELLENCE IN EDUCATION AND ITS BUSINESS-EDUCATION SUBCOMMITTEE; AND TO REPEAL SECTIONS 59-6-15, 59-6-16, 59-6-17, AND 59-6-20, RELATING TO THE BUSINESS-EDUCATION PARTNERSHIP, THE BUSINESS-EDUCATION SUBCOMMITTEE, AND SPECIFIC DUTIES AND POWERS THEREOF; TO ENACT THE "SOUTH CAROLINA CHILDREN'S EDUCATION ENDOWMENT ACT OF 1996" INCLUDING PROVISIONS TO AMEND CHAPTER 143, TITLE 59 OF THE 1976 CODE, RELATING TO THE EDUCATIONAL ASSISTANCE ENDOWMENT FUND, SO AS TO CHANGE THE NAME OF THE FUND TO THE CHILDREN'S EDUCATION ENDOWMENT FUND, DELETE THE AUTHORITY TO ACCUMULATE MONIES IN THE FUND, FURTHER PROVIDE FOR THE MANNER IN WHICH SUCH FUNDS SHALL BE USED, AND TO REQUIRE THAT BEGINNING WITH THE 1996-97 FISCAL YEAR, MONIES IN THE FUND MUST BE DISTRIBUTED QUARTERLY; TO AMEND TITLE 59, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO PROVIDE FOR A PUBLIC SCHOOL FACILITIES ASSISTANCE PROGRAM WHICH ESTABLISHES THE MANNER IN WHICH FUNDS AVAILABLE FROM THE CHILDREN'S EDUCATION ENDOWMENT FUND SHALL BE USED TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES AND FOR OTHER EDUCATIONAL PURPOSES; AND TO AMEND ACT 145 OF 1995, RELATING TO THE 1995-96 GENERAL APPROPRIATIONS ACT, SO AS TO REVISE THE MANNER IN WHICH FUNDS OF THE CHILDREN'S EDUCATION ENDOWMENT FUND ARE DISTRIBUTED FOR FISCAL YEAR 1995-96; TO AMEND SECTION 14-1-200 OF THE 1976 CODE, RELATING TO THE SALARIES OF SUPREME COURT JUSTICES, JUDGES OF THE COURT OF APPEALS, CIRCUIT COURT, AND FAMILY COURT, AND CIRCUIT SOLICITORS, SO AS TO PROVIDE THAT CIRCUIT SOLICITORS SHALL RECEIVE A SALARY NOT LESS THAN THE SALARY OF JUDGES OF THE COURT OF APPEALS AND CIRCUIT COURT JUDGES; TO AMEND SECTION 16-3-26, AS AMENDED, OF THE 1976 CODE, RELATING TO THE NOTICE THE SOLICITOR MUST GIVE TO A DEFENSE ATTORNEY WHEN HE SEEKS THE DEATH PENALTY, THE APPOINTMENT OF ATTORNEYS, AND THE PROVISION OF INVESTIGATIVE, EXPERT, OR OTHER SERVICES TO INDIGENT PERSONS FACING THE DEATH PENALTY, SO AS TO REVISE THE PROVISIONS RELATING TO THE PAYMENT OF FEES AND EXPENSES ASSOCIATED WITH THE DEFENSE OF CERTAIN INDIGENTS, AND THE QUALIFICATIONS AND APPOINTMENT OF ATTORNEYS HANDLING DEATH PENALTY CASES; TO AMEND SECTION 17-3-30, AS AMENDED, RELATING TO INDIGENTS WHO HAVE BEEN APPOINTED LEGAL COUNSEL, CERTAIN FEES THESE PERSONS ARE REQUIRED TO PAY FOR LEGAL SERVICES, AND FUNDS SET ASIDE FOR THE DEFENSE OF INDIGENT, SO AS TO REVISE THE PROCESS OF COLLECTING FEES FROM INDIGENTS WHO HAVE BEEN APPOINTED LEGAL COUNSEL; TO AMEND SECTION 17-3-330, AS AMENDED, RELATING TO DUTIES OF THE OFFICE OF INDIGENT DEFENSE, SO AS TO PROVIDE FOR THE DISTRIBUTION OF UNEXPENDED FUNDS AND THE QUALIFICATIONS A PERSON SHALL POSSESS TO BE APPOINTED BY THE COURT AND COMPENSATED BY THE DEATH PENALTY TRIAL FUND; TO PROVIDE THAT THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE DIVISION OF SECURITIES OF THE OFFICE OF THE SECRETARY OF STATE ARE DEVOLVED UPON THE ATTORNEY GENERAL'S OFFICE ON JULY 1, 1996, TO PROVIDE THAT THE ATTORNEY GENERAL SHALL ADMINISTER THE SOUTH CAROLINA UNIFORM SECURITIES ACT AND SHALL SERVE EX OFFICIO AS THE SECURITIES COMMISSIONER, TO PROVIDE THAT ALL PERSONNEL, APPROPRIATIONS, AND FULL-TIME EQUIVALENT POSITIONS OF THE DIVISION OF SECURITIES ALSO SHALL BE TRANSFERRED TO THE ATTORNEY GENERAL'S OFFICE ON JULY 1, 1996; TO AMEND THE 1976 CODE BY ADDING SECTION 35-1-220 SO AS TO ALLOW THE ATTORNEY GENERAL TO RETAIN A PORTION OF FEES AND PROCEEDS IN SETTLEMENT OF VIOLATIONS TO OFFSET COSTS OF ADMINISTERING THE UNIFORM SECURITIES ACT; AND TO AMEND SECTIONS 35-1-20 AND 35-1-30 OF THE 1976 CODE, RELATING TO THE UNIFORM SECURITIES ACT, SO AS TO REFLECT THE ATTORNEY GENERAL AS BEING THE SECURITIES COMMISSIONER WHO SHALL ADMINISTER THE ACT; TO PROVIDE THAT THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE DIVISION OF PUBLIC CHARITIES OF THE OFFICE OF THE SECRETARY OF STATE ARE DEVOLVED UPON THE ATTORNEY GENERAL'S OFFICE ON JULY 1, 1996; TO TRANSFER ALL PERSONNEL, APPROPRIATIONS, AND FULL-TIME EQUIVALENT POSITIONS OF THE DIVISION OF PUBLIC CHARITIES TO THE ATTORNEY GENERAL'S OFFICE ON JULY 1, 1996; TO PROVIDE THAT THE ATTORNEY GENERAL SHALL ADMINISTER THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT"; AND TO AMEND SECTIONS 33-56-20, 33-56-30, 33-56-40, 33-56-50, 33-56-60, 33-56-70, 33-56-80, 33-56-90, 33-56-100, 33-56-110, 33-56-120, 33-56-130, 33-56-140, 33-56-150, 33-56-160, AND 33-56-190 OF THE 1976 CODE, ALL RELATING TO THE SOLICITATION OF CHARITABLE FUNDS, SO AS TO DELETE REFERENCES TO THE SECRETARY OF STATE AND REFLECT THE ATTORNEY GENERAL AND HIS OFFICE AS THE OFFICIAL AND THE AGENCY TO ADMINISTER THE PROVISIONS OF THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT" AND TO ALLOW THE ATTORNEY GENERAL TO RETAIN A PORTION OF ADMINISTRATIVE FINES TO OFFSET THE EXPENSES OF ENFORCEMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 23-6-60 SO AS TO PROVIDE THAT REVENUES COLLECTED BY THE DEPARTMENT OF PUBLIC SAFETY MUST BE CREDITED TO A SEPARATE FUND IN THE STATE TREASURY FOR THE USE OF THE DEPARTMENT, TO PROVIDE FOR TRANSITION FUNDING, TO PROVIDE AN UNLIMITED CARRY FORWARD, AND TO ESTABLISH THE DEPARTMENT'S FUNDING AS AN ANNUAL BASE APPROPRIATION BY THE GENERAL ASSEMBLY; TO AMEND THE 1976 CODE BY ADDING SECTION 23-6-35 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY CHARGE AND COLLECT FEES IN ACCORDANCE WITH SECTION 30-4-30 OF THE FREEDOM OF INFORMATION ACT FOR PROVIDING COPIES OF CERTAIN RECORDS MAINTAINED BY THE DEPARTMENT AND TO PROVIDE FOR THE USE OF REVENUES GENERATED BY THIS PROVISION; TO AMEND SECTION 30-4-40, AS AMENDED, OF THE 1976 CODE, RELATING TO MATTERS THAT ARE EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY SELL CERTAIN INFORMATION TO CORPORATIONS WHICH ARE LICENSED TO DO BUSINESS IN THIS STATE; TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-60, AND 59-73-35 SO AS TO IMPOSE LIMITS ON CERTAIN PROPERTY TAX MILLAGE AND FEE INCREASES IMPOSED BY COUNTIES AND MUNICIPALITIES, AND ON THE USE OF NEW REVENUE SOURCES FOR OPERATING PURPOSES AND TO PROVIDE EXCEPTIONS, TO IMPOSE LIMITS ON CERTAIN PROPERTY TAX MILLAGE INCREASES IMPOSED BY SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS AND ON THE USE OF NEW REVENUE SOURCES FOR OPERATING PURPOSES AND TO PROVIDE EXCEPTIONS; AND TO IMPOSE LIMITS ON CERTAIN PROPERTY TAX MILLAGE INCREASES IMPOSED BY THE GOVERNING BODIES AUTHORIZED BY LAW TO LEVY SCHOOL TAXES AND ON THE USE OF NEW REVENUE SOURCES FOR OPERATING PURPOSES AND TO PROVIDE EXCEPTIONS; TO MAKE THE PAYMENT OF REIMBURSEMENTS FOR HOMESTEAD EXEMPTIONS CONDITIONAL ON THESE ENTITIES CERTIFYING IN WRITING TO THE COMPTROLLER GENERAL THAT THEY HAVE MET THESE REQUIREMENTS; AND TO AMEND SECTION 11-11-440, RELATING TO THE PROHIBITION ON GENERAL TAX INCREASES OR NEW GENERAL TAXES AS PERMANENT PROVISIONS IN APPROPRIATIONS BILLS, SO AS TO REQUIRE THE SEPARATE LEGISLATION REQUIRED FOR THESE PURPOSES TO PASS EACH HOUSE OF THE GENERAL ASSEMBLY BY AT LEAST A MAJORITY OF TWO-THIRDS OF THE MEMBERS; TO AMEND SECTION 11-11-330 OF THE 1976 CODE, RELATING TO THE STATE PROPERTY TAX RELIEF FUND, SO AS TO PROVIDE FOR A SPECIFIC REIMBURSEMENT TO SCHOOL DISTRICTS FOR REVENUES LOST TO THE HOMESTEAD EXEMPTION; AND TO AMEND SECTION 12-37-251, RELATING TO THE HOMESTEAD PROPERTY TAX EXEMPTION FROM SCHOOL OPERATING TAXES, SO AS TO PROVIDE FOR AN EXEMPTION AMOUNT OF ONE HUNDRED THOUSAND DOLLARS OF FAIR MARKET VALUE AND USING A BASE YEAR MILLAGE RATE EQUAL TO THE SCHOOL OPERATING MILLAGE FOR THE 1996-97 SCHOOL YEAR.

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

H. 4601 -- Ways and Means Committee: A BILL TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1995-96 SURPLUS GENERAL FUND REVENUES; AND TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-45-73 SO AS TO REQUIRE REAL PROPERTY TAX BILLS TO CONTAIN A STATEMENT OF THE PRECEDING TAX YEAR'S LIABILITY IN EACH CATEGORY OF TAX FOR BOTH DEBT SERVICE AND OPERATIONS, TO PROVIDE EXCEPTIONS, AND TO PROVIDE FOR THE REIMBURSEMENT OF LOCAL TAXING ENTITIES FOR THE INCREASED COSTS OF COMPLIANCE WITH THIS REQUIREMENT BY MEANS OF A SPECIAL ONE-TIME APPROPRIATION FROM THE GENERAL FUND OF THE STATE, AND TO PROVIDE THE PROCEDURES APPLICABLE FOR THIS REIMBURSEMENT.

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

H. 4602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.

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

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

Senator J. VERNE SMITH asked unanimous consent to make a motion that the Bill be placed on the Calendar without reference.

Senator RUSSELL objected.

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

Senator McCONNELL from the Committee on Rules submitted a favorable with amendment report on:

S. 865 -- Senator Bryan: A SENATE RESOLUTION TO AMEND RULE 25 OF THE SENATE RULES, RELATING TO GERMANENESS, SO AS TO SPECIFY THAT NO CLAUSE SHALL BE INSERTED IN A BILL UNLESS IT RELATES TO THE SPECIFIC SUBJECT OF THE BILL.

Ordered for consideration tomorrow.

Senator DRUMMOND from the Committee on Finance submitted a favorable report on:

S. 913 -- Senators Passailaigue, Ford, McConnell, Reese, Washington and Rose: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Judiciary submitted a favorable with amendment report on:

S. 926 -- Senators Patterson, Giese, Gregory and Mescher: A BILL TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO CONFIDENTIALITY OF RECORDS, NAMES, PICTURES, AND FINGERPRINTS OF JUVENILES CHARGED WITH COMMITTING A CRIME, SO AS TO PROVIDE THAT THE NAME, IDENTITY, OR PICTURE OF A CHILD MAY BE MADE PUBLIC BY A NEWSPAPER OR RADIO OR TELEVISION STATION IF THE CHILD IS CHARGED WITH A VIOLENT CRIME, GRAND LARCENY OF A MOTOR VEHICLE, A CRIME IN WHICH A WEAPON WAS USED, OR DISTRIBUTION OR TRAFFICKING IN UNLAWFUL DRUGS.

Ordered for consideration tomorrow.

Senator RANKIN from the Committee on Judiciary submitted a favorable report on:

S. 956 -- Senator Rankin: A BILL TO AMEND SECTION 61-9-312, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SPECIAL VERSION OF A SPECIAL RETAIL BEER AND WINE PERMIT FOR OFF-PREMISES CONSUMPTION, SO AS TO REVISE THE MANNER IN WHICH A CERTAIN PORTION OF THE REVENUE GENERATED BY THE PERMIT FEES SHALL BE USED.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable report on:

S. 1016 -- Senator Martin: A BILL TO AMEND SECTION 16-11-620 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSES OF ENTERING THE PREMISES OF ANOTHER PERSON AFTER WARNING AND REFUSING TO LEAVE THE PREMISES OF ANOTHER PERSON ON REQUEST, SO AS TO DELETE THE REQUIREMENT THAT THE WARNING REQUIRED BY THIS SECTION FOR THE OFFENSE OF ENTERING THE PREMISES OF ANOTHER PERSON AFTER WARNING MUST HAVE BEEN MADE WITHIN THE PRECEDING SIX MONTHS.

Ordered for consideration tomorrow.

Senator FORD from the Committee on Judiciary submitted a favorable report on:

S. 1028 -- Senators Hayes, Short and Peeler: A BILL TO AMEND SECTION 5-15-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF AUTHORITY TO CONDUCT A MUNICIPAL ELECTION FROM A MUNICIPAL ELECTION COMMISSION TO A COUNTY ELECTION COMMISSION, SO AS TO PROVIDE FOR THE ABOLISHMENT OF A MUNICIPAL ELECTION COMMISSION WHEN THE TOTAL RESPONSIBILITY FOR THE CONDUCT OF A MUNICIPAL ELECTION IS TRANSFERRED TO A COUNTY ELECTION COMMISSION.

Ordered for consideration tomorrow.

Senator DRUMMOND from the Committee on Finance submitted a favorable report on:

S. 1032 -- Senator Bryan: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO EXCLUDE FROM THE DEFINITION FEES IMPOSED ON THE SALE OF MOTOR OIL, NEW TIRES, LEAD-ACID BATTERIES, AND WHITE GOODS PURSUANT TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991.

Ordered for consideration tomorrow.

Senator DRUMMOND from the Committee on Finance submitted a favorable report on:

S. 1072 -- Senators Matthews, Washington, Ford and Glover: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION FOR CERTAIN NONPROFIT HOUSING CORPORATIONS TO PROPERTY OF SUCH CORPORATIONS DEVOTED EXCLUSIVELY TO PROVIDING RENTAL OR COOPERATIVE HOUSING AND RELATED FACILITIES FOR ELDERLY OR HANDICAPPED PERSONS OR FAMILIES OF LOW OR MODERATE INCOME IN ACCORDANCE WITH FEDERAL HOUSING LAW.

Ordered for consideration tomorrow.

Senator DRUMMOND from the Committee on Finance submitted a favorable report on:

S. 1081 -- Senators Drummond and Giese: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC ENTITIES ELIGIBLE FOR PARTICIPATION IN THE STATE HEALTH AND DENTAL INSURANCE PLANS AND THE REQUIREMENTS FOR THIS PARTICIPATION, SO AS TO AUTHORIZE THE WITHHOLDING OF STATE FUNDS OTHERWISE DUE THESE ENTITIES SUFFICIENT TO COVER DELINQUENT PAYMENTS AND TO PROVIDE THE METHOD OF THE WITHHOLDING AND REMITTING OF THESE SUMS TO THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD.

Ordered for consideration tomorrow.

Senator DRUMMOND from the Committee on Finance submitted a favorable report on:

S. 1082 -- Senators Drummond and Giese: A BILL TO AMEND SECTION 1-11-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE MADE AVAILABLE BY THE STATE BUDGET AND CONTROL BOARD TO ACTIVE AND RETIRED STATE AND SCHOOL DISTRICT EMPLOYEES AND OTHERS, SO AS TO PROVIDE AN EXCLUSIVE REMEDY FOR RESOLVING CLAIMS WITH RESPECT TO THE PAYMENT OF BENEFITS.

Ordered for consideration tomorrow.

Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:

S. 1148 -- Senators Drummond, J. Verne Smith, Leventis, Peeler, Patterson, Washington and Giese: A BILL TO AMEND SECTION 10-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF INSURANCE PREMIUMS TO THE STATE BUDGET AND CONTROL BOARD, AND SECTION 15-78-160, RELATING TO THE STATE BUDGET AND CONTROL BOARD NOT BEING LIABLE FOR UNCOVERED OR UNFUNDED RISKS WHEN AN AGENCY OR POLITICAL SUBDIVISION FAILS TO PAY INSURANCE PREMIUMS UNDER THE TORT CLAIMS ACT, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES WHERE THE BOARD MAY CANCEL SUCH POLICIES FOR NONPAYMENT OF PREMIUMS; TO AMEND SECTION 11-9-75, RELATING TO STATE FUNDS BEING WITHHELD FROM COUNTIES AND MUNICIPALITIES WHICH ARE DELINQUENT IN PAYMENTS DUE THE STATE, SO AS TO REVISE THE TYPES OF ENTITIES TO WHICH THIS SECTION APPLIES, AND TO PERMIT AN AGENCY OR INSTITUTION TO WRITE OFF AS A BAD DEBT CERTAIN DELINQUENT PAYMENTS; AND TO REPEAL SECTION 10-7-110 RELATING TO DELINQUENT INSURANCE PREMIUMS PAYABLE TO THE STATE BUDGET AND CONTROL BOARD BEING DEDUCTED FROM CERTAIN GASOLINE TAX DISTRIBUTIONS.

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Judiciary submitted a favorable report on:

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

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3300 -- Reps. Limehouse, Fleming, Allison, G. Brown, J. Brown, Cain, Chamblee, Cotty, Davenport, Delleney, Easterday, Fair, Felder, Fulmer, Hallman, Harrell, Harrison, Haskins, Herdklotz, Hodges, Huff, Hutson, Kinon, Knotts, Koon, Lanford, Limbaugh, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McCraw, McElveen, McKay, McTeer, Phillips, Rice, Robinson, Sandifer, Sharpe, Shissias, D. Smith, Stoddard, Tripp, Trotter, Vaughn, Wells, Whatley, Wilder, Wright, A. Young, Cobb-Hunter, Baxley, Kelley, Keyserling, Govan, Inabinett, H. Brown, Witherspoon, Simrill, Keegan, Townsend, Kennedy, Jaskwhich, Stuart, L. Whipper, Stille, Byrd, Meacham, Law, Riser, Dantzler, Richardson, J. Young, Seithel and Bailey: A BILL TO AMEND SECTIONS 23-3-400, 23-3-420, AND 23-3-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE FOR PUBLIC NOTIFICATION WHEN A SEX OFFENDER RESIDES OR INTENDS TO RESIDE IN A COMMUNITY, AND REQUIRE THE SHERIFF OF THE COUNTY WHERE THE OFFENDER INTENDS TO RESIDE OR IS RESIDING TO RELEASE THIS INFORMATION TO THE PUBLIC; AND TO REPEAL SECTION 23-3-490 RELATING TO THE CONFIDENTIALITY OF INFORMATION CONTAINED IN THE SEX OFFENDER REGISTRY.

Ordered for consideration tomorrow.

Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a majority favorable with amendment and Senator LANDER a minority unfavorable report on:

H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3517 -- Rep. Hodges: A BILL TO AMEND SECTIONS 14-1-206 AND 14-1-209, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENTS TO BE IMPOSED IN CRIMINAL CASES IN CERTAIN COURTS, SO AS TO EXCLUDE THE FAMILY COURT; TO AMEND SECTION 16-19-10, RELATING TO THE UNLAWFUL SETTING UP OF LOTTERIES, SO AS TO FURTHER PROVIDE FOR THE PENALTIES TO BE IMPOSED AND FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 17-15-260, RELATING TO THE DISPOSITION OF CERTAIN BAIL AND RECOGNIZANCES, SO AS TO PROVIDE FOR THE MANNER IN WHICH FUNDS TO BE DEPOSITED IN THE STATE GENERAL FUND MUST BE TRANSMITTED TO THE STATE TREASURER; TO AMEND SECTION 23-31-190, AS AMENDED, RELATING TO THE PENALTIES FOR PISTOL OR FIREARM VIOLATIONS, SO AS TO FURTHER PROVIDE FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 56-5-6540, RELATING TO THE PENALTIES FOR SAFETY BELT VIOLATIONS, SO AS TO DELETE THE PROHIBITION AGAINST COURT COSTS BEING ASSESSED AGAINST THE PERSON CONVICTED; AND TO REPEAL SECTION 24-23-220, RELATING TO THE PAYMENT AND DISTRIBUTION OF CERTAIN ASSESSMENTS AND RESTITUTION CHARGES AND SECTION 47-1-160 RELATING TO THE DISPOSITION OF FINES FOR CRUELTY TO ANIMAL VIOLATIONS.

Ordered for consideration tomorrow.

Senator COURTNEY from the Committee on Judiciary submitted a favorable report on:

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.

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Judiciary submitted a favorable report on:

H. 3535 -- Reps. Delleney, Martin, Baxley, Knotts, Littlejohn, A. Young, Harrison, Wright, Sheheen, J. Harris and Thomas: A BILL TO AMEND SECTION 20-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFER OF JUVENILE JURISDICTION, SO AS TO REQUIRE THE FAMILY COURT TO TRANSFER JURISDICTION OF A CHILD FOURTEEN YEARS OF AGE OR OLDER IF THE CHILD HAS BEEN CHARGED WITH AN OFFENSE THAT, IF COMMITTED BY AN ADULT, WOULD PROVIDE FOR A TERM OF IMPRISONMENT FOR TEN YEARS OR MORE AND THE CHILD HAS TWO PRIOR ADJUDICATIONS FOR OFFENSES CARRYING THE SAME SENTENCE.

Ordered for consideration tomorrow.

S. 625 -- Judiciary Committee: A BILL TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL WATCHERS, SO AS TO PROVIDE THAT A POLL WATCHER'S BADGE MUST NOT SPECIFY THE CANDIDATE HE REPRESENTS.

The House returned the Bill with amendments.

On motion of Senator COURTNEY, 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. 1221 -- Senator Moore: A CONCURRENT RESOLUTION TO CONGRATULATE THE LEAVELLE McCAMPBELL MIDDLE SCHOOL OF AIKEN COUNTY UPON BEING NAMED A 1996 STATE WINNER OF THE PALMETTO'S FINEST AWARDS PROGRAM.

Returned with concurrence.

Received as information.

S. 1222 -- Senators Moore, Setzler and Ryberg: A CONCURRENT RESOLUTION TO CONGRATULATE THE COUNTY OF AIKEN AND ALL OF ITS CITIZENS UPON THE OCCASION OF ITS ONE HUNDRED TWENTY-FIFTH BIRTHDAY ON MARCH 10, 1996.

Returned with concurrence.

Received as information.

S. 1223 -- Senator Short: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FAMILY OF MR. HARRY HOYLE ABERNATHY, JR. AND TO PAY TRIBUTE TO A GENTLEMAN WHOSE LIFE WAS DEDICATED TO HIS FAMILY AND TO SERVING HIS COMMUNITY.

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

H. 4625 -- Reps. Phillips and McCraw: A BILL TO AMEND ACT 587 OF 1992, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1, SO AS TO REVISE THE DATES OF THE FILING PERIOD WHEN CANDIDATES MAY FILE WRITTEN DECLARATIONS OF CANDIDACY.

(By prior motion of Senator PEELER)

The following House Joint Resolution was read the third time and ordered returned to the House with amendments:

H. 4471 -- Reps. Cato, Vaughn, Easterday, Tripp and Rice: A JOINT RESOLUTION TO PROVIDE FOR A REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1996 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY FAVOR SUBDIVIDING THE DISTRICT INTO THREE OR MORE SEPARATE SCHOOL DISTRICTS AND REQUIRING THE CHAIRMAN OF THE GREENVILLE COUNTY LEGISLATIVE DELEGATION TO SUBMIT A PLAN OF SUBDIVISION DEVELOPED BY THE DELEGATION TO THE QUALIFIED ELECTORS OF THE DISTRICT IN 1998 FOR THEIR APPROVAL IF THE RESULTS OF THE 1996 REFERENDUM ARE IN FAVOR OF SUBDIVIDING THE DISTRICT.

Senator J. VERNE SMITH asked unanimous consent to take the Resolution up for immediate consideration.

There was no objection.

Senator BOAN desired to be recorded as voting against the third reading of the Resolution.

The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:

S. 1204 -- Senators Hayes and Gregory: A BILL TO AMEND SECTION 7-7-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO DELETE THE FORT MILL NO. 2 PRECINCT AND REVISE THE MAP DOCUMENT NUMBER ON THE OFFICIAL MAP ON WHICH THE LINES OF THE PRECINCTS ARE DELINEATED.

(By prior motion of Senator HAYES)

S. 1071 -- Senators Leventis, Fair, Thomas, Martin and Hayes: A BILL TO AMEND SECTION 59-29-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED COURSES IN PHYSICAL EDUCATION IN THE PUBLIC SCHOOLS OF THE STATE, SO AS TO ESTABLISH A PROCEDURE WHEREBY CERTAIN STUDENTS MAY BE EXEMPTED FROM THOSE REQUIREMENTS BY THE LOCAL SCHOOL BOARD OF TRUSTEES.

Senator FAIR explained the Bill.

S. 1089 -- Senators Setzler, Leatherman, Drummond, Bryan, Giese, Leventis, Alexander, Holland, Hayes, Ryberg, Wilson and Courson: A BILL TO AMEND ARTICLE 4, CHAPTER 63, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHOOL CRIME REPORT ACT, SO AS TO TRANSFER THE RESPONSIBILITIES OF THE STATE DEPARTMENT OF EDUCATION UNDER THIS ACT UPON THE OFFICE OF THE ATTORNEY GENERAL ON JULY 1, 1996, TO PROVIDE THAT THE ATTORNEY GENERAL'S OFFICE SHALL ESTABLISH A TOLL-FREE TELEPHONE LINE FOR USE BY SCHOOL ADMINISTRATORS WHEN REPORTING CERTAIN CRIMES, TO AUTHORIZE THE ATTORNEY GENERAL TO PETITION SCHOOL BOARDS TO EXPEL STUDENTS CHARGED WITH CERTAIN CRIMES, AND TO REPRESENT LOCAL SCHOOL DISTRICTS WHEN THESE CASES ARE APPEALED TO AN APPELLATE COURT, AND TO FURTHER PROVIDE FOR THE PROCEDURES WHICH MUST BE FOLLOWED IN CONNECTION WITH THIS ACT; AND TO AMEND SECTION 59-24-60, RELATING TO THE REQUIREMENT THAT SCHOOL OFFICIALS CONTACT LAW ENFORCEMENT AUTHORITIES WHEN SPECIFIED ACTIVITIES HAVE OCCURRED ON SCHOOL PROPERTY, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL'S OFFICE ALSO SHALL BE CONTACTED.

S. 1203 -- Senators Washington, Matthews, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep and Wilson: A JOINT RESOLUTION TO ESTABLISH A MONUMENT FOR RECOGNITION OF THE ACCOMPLISHMENTS OF THE TUSKEGEE AIRMEN TO BE ERECTED ON THE GROUNDS OF THE WALTERBORO AIRFIELD, AND TO CREATE A COMMISSION TO SELECT THE DESIGN AND PLACEMENT OF THE MONUMENT.

H. 4625 -- Reps. Phillips and McCraw: A BILL TO AMEND ACT 587 OF 1992, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1, SO AS TO REVISE THE DATES OF THE FILING PERIOD WHEN CANDIDATES MAY FILE WRITTEN DECLARATIONS OF CANDIDACY.

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

There was no objection.

Having voted on the prevailing side, Senator MESCHER asked unanimous consent to make a motion to reconsider the vote whereby the Senate gave third reading to the Bill and ordered the Bill enrolled for ratification.

There was no objection.

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

Senator MESCHER proposed the following amendment (4625R002.WCM), which was adopted:

Amend the bill, as and if amended, page 1, after line 35, by adding an appropriately numbered new SECTION to read:

/SECTION   ____.   Applicable for the 1995-96 school year, a student who has an overall passing average is exempt from the requirements of items (1) and (2) of Section 59-39-160 and may participate in an interscholastic activity if the student needs fewer than four units to receive a high school diploma and the student has passed all of the academic courses which he has taken during the semester preceding the interscholastic activity./

Amend title to conform.

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

S. 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.

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 Banking and Insurance Committee proposed the following amendment (1043R004.EES), which was adopted:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting in lieu thereof the following:
/TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-135 SO AS TO REQUIRE ALL INDIVIDUAL AND GROUP HEALTH INSURANCE AND HEALTH MAINTENANCE ORGANIZATION POLICIES TO PROVIDE PAYMENT FOR HOSPITALIZATION OF A MOTHER AND HER CHILD, IF AT THE DISCRETION OF THE ATTENDING PHYSICIAN IT IS MEDICALLY NECESSARY, FOR A PERIOD NOT TO EXCEED THE SECOND POSTPARTUM DAY, NOT INCLUDING THE DAY OF DELIVERY, AFTER A VAGINAL DELIVERY, OR THE THIRD POST-OPERATIVE DAY, NOT INCLUDING THE DAY OF SURGERY, AFTER A CAESARIAN SECTION, AND TO PROVIDE FOR EXCEPTIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   Title 38, Chapter 71 of the 1976 Code is amended by adding:

"Section 38-71-135.   All individual and group health insurance and health maintenance organization policies providing coverage for the hospitalization and attendant professional services of a mother and her newborn child or children must, if at the discretion of the attending physician it is medically necessary, provide for the mother and her newborn child or children to remain in the hospital for a period not to exceed the second postpartum day after a vaginal delivery, not including the day of delivery, and the third post-operative day following a caesarian section, not including the day of surgery. Nothing in this section shall be construed to prohibit the attending physician from requesting additional time for hospitalization or releasing the mother or her newborn child or children prior to the expiration time provided herein."

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

Amend title to conform.

Senator SHORT 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.

H. 3985 -- Reps. Richardson, Bailey, Simrill, Cato and Mason: A BILL TO AMEND SECTION 38-73-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE RATES, RATE-MAKING, AND RATE FILING AND NOTICE OF HEARING AS A PREREQUISITE TO THE GRANTING OF A RATE INCREASE AND EXCEPTIONS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE REQUIREMENTS OF PUBLIC NOTICES AND PUBLIC HEARINGS DO NOT APPLY TO APPLICATIONS FOR RATE INCREASES WHEN THE APPLICANT INSURER HAD EARNED PREMIUMS IN THIS STATE IN THE PREVIOUS CALENDAR YEAR OF LESS THAN TWO MILLION, RATHER THAN FIVE HUNDRED THOUSAND DOLLARS FOR THE LINE OR TYPE OF INSURANCE FOR WHICH THE RATE INCREASE IS SOUGHT OR IF THE RATE INCREASE IS SOUGHT BY A RATING ORGANIZATION, THE EARNED PREMIUMS ON THIS STATE FOR ALL MEMBERS AND SUBSCRIBERS OF THE ORGANIZATION FOR WHOM AN INCREASE IS SOUGHT WERE LESS THAN TWO MILLION, RATHER THAN FIVE HUNDRED THOUSAND DOLLARS FOR THE PREVIOUS CALENDAR YEAR FOR THE LINE OR TYPE OF INSURANCE FOR WHICH THE RATE INCREASE IS SOUGHT.

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 Banking and Insurance Committee proposed the following amendment (3985R001.EES), which was adopted:

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

/SECTION   1.   Section 38-73-910 of the 1976 Code, as amended by Section 783 of Act 181 of 1993, is further amended to read:

"Section 38-73-910.   No increase in the premium rates may be granted for automobile, workers' compensation, fire, allied lines, and homeowners insurance, nor for any other line or type of insurance with respect to which the director or his designee has, by order, made a finding that (a) legal or other compulsion upon the part of the insured to purchase the insurance interferes with competition, or (b) under prevailing circumstances there does not exist substantial competition, unless notice is given in all newspapers of general, statewide circulation at least thirty days in advance of any hearing to consider the insurer's proposed effective date of the increase in premium rates. The notice shall state the time and place of the hearing and the rates that will be considered to be increased amount of increase, the type and line of coverage, and the proposed effective date and shall allow any insured or affected party to request within fifteen days a public hearing upon the propriety of the rate increase request before the Administrative Law Judge Division. A copy of the notice must be sent to the Consumer Advocate.

However, the requirements of public notices and public hearings in this section do not apply to applications for rate increases when the applicant insurer had earned premiums in this State in the previous calendar year of less than five hundred thousand two million dollars for the line or type of insurance for which the rate increase is sought or, if the rate increase is sought by a rating organization, the earned premiums in this State for all members and subscribers of the organization for whom an increase is sought were less than five hundred thousand two million dollars for the previous calendar year for the line or type of insurance for which the rate increase is sought. The two million dollars must be increased by a factor equal to the increase in the consumer price index, all items, every three years."

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

Amend title to conform.

Senator McCONNELL explained the amendment.

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

The following Bill and Joint Resolutions having been read the second time were ordered placed on the third reading Calendar:

S. 1220 -- Senator Matthews: A BILL TO AMEND SECTION 7-7-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ORANGEBURG COUNTY, SO AS TO AUTHORIZE THE ORANGEBURG COUNTY ELECTION COMMISSION TO DETERMINE THE POLLING PLACE FOR EACH PRECINCT WITH THE APPROVAL OF A MAJORITY OF THE SENATORS AND A MAJORITY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES REPRESENTING ORANGEBURG COUNTY.

(By prior motion of Senator MATTHEWS)

S. 1217 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO STUDENT AND INSTITUTION ASSISTANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1840, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1218 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO DETERMINATION OF RATES OF TUITION AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1905, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

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

On motion of Senator DRUMMOND, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 16B (3901R054.ELP) proposed by Senator PASSAILAIGUE and previously printed in the Journal of Tuesday, March 5, 1996.

Senator PASSAILAIGUE explained the amendment.

On motion of Senator PASSAILAIGUE, with unanimous consent, Amendment No. 16B was carried over.

Senators WILSON, THOMAS, RUSSELL and RYBERG proposed the following Amendment No. 26 (JIC\5309HTC.96):

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

/ SECTION   1.   Article 1, Chapter 9, Title 4 of the 1976 Code is amended by adding:

"Section 4-9-142.   (A)   The governing body of a county may not increase the millage rate and fee rates imposed for any purpose, excluding fee rates charged by utilities, and except as provided in this section and Section 6-1-85, above the rates imposed for such purposes for the prior tax year. However, the millage rate and fee rates may be increased by the percentage increase in the consumer price index based upon the southeastern average. Notwithstanding the limitation upon millage rate and fee rate increases contained in this subsection, the millage rate and fee rates may be increased for the following purposes:

(1)   in response to a natural or environmental emergency as declared by the Governor. However, upon revocation of the declared emergency or as soon as conditions or operations change to the extent the emergency no longer exists, millage rate and fee rates must return to the rates immediately preceding the emergency;

(2)   to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution, or to offset a deficit in providing a service or function which is funded through the imposition of fees by increasing such fees in an amount necessary to cover that deficit; or

(3)   to raise the revenue necessary to comply with judicial mandates requiring the use of county funds, personnel, facilities, or equipment.

(B)   Notwithstanding any other provision of law, the millage rate and fee rates also may be increased upon a two-thirds vote of the governing body. Any new sources of revenues for any purposes must be approved by a two-thirds vote of the governing body of the county. However, if the governing body has fewer than six members, a three-fifths vote is required.

(C)   The restrictions contained in this section do not affect millage which is levied to pay bonded indebtedness or payments for real property purchased using a lease-purchase agreement or used to maintain a reserve account. Nothing in this section prohibits the use of energy-saving performance contracts as provided in Section 48-52-670.

(D)   For the property tax year of implementation of the values resulting from a countywide reassessment and equalization program, the millage rate must not exceed the rollback millage, as defined in subsection (E), except that the rollback millage may be increased by the percentage increase in the consumer price index, based on the southeastern average, for the year immediately preceding the year of reassessment values implementation. The millage rate and fee rates may be further increased for the property tax year of implementation of reassessed values upon a two-thirds vote of the governing body. However, if the governing body has fewer than six members, a three-fifths vote is required.

(E)   The rollback millage rate is computed by dividing the budget year property tax assessment base by the current year's property tax revenues.

(F)   Contracts entered into under Chapter 12 of Title 4 are not subject to the provisions of this section."

SECTION   2.   Article 1, Chapter 21, Title 5 of the 1976 Code is amended by adding:

"Section 5-21-70.   (A)   The governing body of a municipality may not increase the millage rate and fee rates imposed for any purpose, excluding fee rates charged by utilities, and except as provided in this section and Section 6-1-85 imposed above the rates imposed for such purposes for the prior tax year. However, the millage rate and fee rates may be increased by the percentage increase in the consumer price index based upon the southeastern average. Notwithstanding the limitation upon millage rate and fee rate increases contained in this subsection, the millage rate and fee rates may be increased for the following purposes:

(1)   in response to a natural or environmental emergency as declared by the Governor. However, upon revocation of the declared emergency or as soon as conditions or operations change to the extent the emergency no longer exists, millage rate and fee rates must return to the rates immediately preceding the emergency;

(2)   to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution, or to offset a deficit in providing a service or function which is funded through the imposition of fees by increasing such fees in an amount necessary to cover that deficit; or

(3)   to raise the revenue necessary to comply with judicial mandates requiring the use of municipal funds, personnel, facilities, or equipment.

(B)   Notwithstanding any other provision of law, the millage rate and fee rates may also be increased upon a two-thirds vote of the governing body. Any new sources of revenues for any purposes must be approved by a two-thirds vote of the governing body of the municipality. However, if the governing body has fewer than six members, a three-fifths vote is required.

(C)   The restrictions contained in this section do not affect millage which is levied to pay bonded indebtedness or payments for real property purchased using a lease-purchase agreement or used to maintain a reserve account. Nothing in this section prohibits the use of energy-saving performance contacts as provided in Section 48-52-670.

(D)   For the property tax year of implementation of the values resulting from a countywide reassessment and equalization program, the millage rate must not exceed the rollback millage, as defined in Section 4-9-142(E), except that the rollback millage may be increased by the percentage increase in the consumer price index, based on the southeastern average, for the year immediately preceding the year of reassessment values implementation. The millage rate and fee rates also may be increased for the year of reassessment values implementation upon a two-thirds vote of the governing body. However, if the governing body has fewer than six members, a three-fifths vote is required."

SECTION   3.   Chapter 1, Title 6 of the 1976 Code is amended by adding:

"Section 6-1-60.   (A)   The governing body authorized by law to levy special purpose or public service district taxes may not increase the millage rate and fee rates imposed for any purpose above the rate imposed for such purpose for the prior tax year. The millage rate, however, may be increased by the percentage increase in the consumer price index based upon the southeastern average. Notwithstanding the limitation upon millage rate increases contained in this subsection and only to the extent authorized by law on the effective date of this section, the governing body authorized by law to levy special purpose or public service district taxes may increase the millage rate for the following purposes:

(1)   in response to a natural or environmental emergency as declared by the Governor. However, upon revocation of the declared emergency or as soon as conditions or operations change to the extent the emergency no longer exists, millage rate and fee rates must return to the rates immediately preceding the emergency;

(2)   to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution; or

(3)   to raise the revenue necessary to comply with judicial mandates requiring the use of special purpose or public service district funds, personnel, facilities, or equipment.

(B)   The millage rate also may be increased upon a two-thirds vote of the governing body authorized by law to levy special purpose or public service district taxes. Any new sources of revenues for any purpose must be approved by a two-thirds vote of the governing body authorized by law to levy special purpose or public service district taxes. However, if the governing body has fewer than six members, a three-fifths vote is required.

(C)   Notwithstanding any other provision of law, the restrictions contained in this section do not affect millage which is levied to pay bonded indebtedness or payments for real property purchased using a lease-purchase agreement or used to maintain a reserve account.

(D)   The provisions of this section do not and may not be construed to amend or repeal any existing provision of law limiting the fiscal autonomy of a special purpose or public service district to the extent those limitations are more restrictive than the provisions of this section.

(E)   For the property tax year of implementation of the values resulting from a countywide reassessment and equalization program, the millage rate must not exceed the rollback millage, as defined in Section 4-9-142(E), except that the rollback millage may be increased by the percentage increase in the consumer price index, based on the southeastern average, for the year immediately preceding the year of reassessment values implementation. The millage rate and fee rates may also be increased in the year of reassessment values implementation upon a two-thirds vote of the governing body. However, if the governing body has fewer than six members, a three-fifths vote is required."

SECTION   4.   Chapter 73, Title 59 of the 1976 Code is amended by adding:

"Section 59-73-35.   (A)   Except as provided in this section, the governing body authorized by law to levy school taxes may not increase the millage rate imposed for any purpose above the rate imposed for such purposes for the prior tax year.

(B)   The millage rate may be increased by the percentage increase in the consumer price index based upon the southeastern average or to meet the minimum required local Education Finance Act inflation factor as projected by the State Budget and Control Board, Division of Research and Statistics, and the per pupil maintenance of effort requirement of Section 59-21-1030. Notwithstanding the limitation upon millage rate increases contained in this subsection, the millage rate also may be increased for the following purposes:

(1)   in response to a natural or environmental emergency as declared by the Governor. However, upon revocation of the declared emergency or as soon as conditions or operations change to the extent the emergency no longer exists, millage rate and fee rates must return to the rates immediately preceding the emergency;

(2)   to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution; or

(3)   to raise the revenue necessary to comply with judicial mandates requiring the use of school district funds, personnel, facilities, or equipment.

(C)   Notwithstanding any other provision of law, the millage rate also may be increased upon a two-thirds vote of the governing body authorized by law to levy school taxes of the school district. Any new sources of revenues for any purpose must be approved by a two-thirds vote of the governing body authorized by law to levy school taxes of the school district.

(D)   The restrictions contained in this section do not affect millage which is levied to pay bonded indebtedness or payments for real property purchased using a lease-purchase agreement or used to maintain a reserve account. Nothing in this section prohibits the use of energy-saving performance contacts as provided in Section 48-52-670.

(E)   For the property tax year of implementation of the values resulting from a countywide reassessment and equalization program, the millage rate must not exceed the rollback millage, as defined in Section 4-9-142(E), except that the rollback millage may be increased by the percentage increase in the consumer price index, based on the southeastern average, for the year immediately preceding the year of reassessment values implementation. The millage rate also may be increased during the year of reassessment values implementation upon a two-thirds vote of the governing body. However, if the governing body has fewer than six members, a three-fifths vote is required.

(F)   The provisions of this section do not and may not be construed to amend or repeal any existing provision of law limiting the fiscal autonomy of a school district to the extent those limitations are more restrictive than the provisions of this section.

(G)   The provisions of this section do not apply to a school district in which any increase in the ad valorem school tax levy for a tax year must be approved by the qualified electors of the school district in a referendum."

SECTION   5.   A.   Chapter 1, Title 6 of the 1976 Code is amended by adding:

"Section 6-1-85.   Neither municipalities, counties, school districts, special purpose districts, nor any other political subdivision of this State may impose any taxes or fees of any nature or description unless the General Assembly has expressly authorized by general law the imposition of the specific tax or fee. The provisions of this section shall not and do not apply to taxes or fees on the rental or letting of accommodations which have been finally enacted by the governing bodies of the aforementioned local government entities on or before November 13, 1995.

For purposes of this section, the term 'accommodations' has the same meaning given that term in Section 12-36-920."

B.   The intent of the General Assembly in enacting the provisions of subsection A of this section is to reverse legislatively the decision in Hospitality Association of South Carolina et al. vs. The County of Charleston et al., Opinion No. 24346, November 13, 1995, Davis' Advance Sheet No. 25, except to the extent a tax or fee is specifically authorized by Section 6-1-85 of the 1976 Code.

SECTION   6.   This act takes effect upon approval by the Governor. /

Amend title to conform.

Senator WILSON argued in favor of the adoption of the amendment.

Senator WILSON asked unanimous consent to make a motion that Amendment No. 26-P1 be taken up for immediate consideration.

Senator MOORE objected.

Senator MOORE made a Parliamentary Inquiry as to whether or not Amendment No. 26-P1, the perfecting amendment to Amendment No. 26, was a strike and insert amendment.

The ACTING PRESIDENT stated that Amendment No. 26-P1, was not a strike and insert amendment.

Senator BRYAN made a Parliamentary Inquiry as to whether or not Amendment No. 26-P1, the perfecting amendment to Amendment No. 26, was an amendment to the third degree.

The ACTING PRESIDENT stated that Amendment No. 26-P1, the perfecting amendment to Amendment No. 26, was an amendment to the second degree.

Senator WILSON asked unanimous consent to make a motion that Amendment No. 26-P1 be taken up for immediate consideration.

Senators BRYAN, McCONNELL, LAND, LEATHERMAN, MOORE, PASSAILAIGUE and WILSON spoke on the motion.

There was no objection.

At 12:33 P.M., the PRESIDENT assumed the Chair.

Senator PASSAILAIGUE proposed the following Amendment No. 26-P1 (3901R062.ELP):

Amend the amendment (DOC. NO. JIC/5309HTC), as and if amended, by striking the amending language and inserting:

/Amend the bill by adding the following:/

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

With Senator PASSAILAIGUE retaining the floor, Senator DRUMMOND asked unanimous consent to make a motion that the Senate stand in recess until 2:30 P.M.

Senator HOLLAND objected.

Senator HOLLAND withdrew his objection.

On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by recess with Senator PASSAILAIGUE retaining the floor.

At 12:55 P.M., Senator COURSON requested a leave of absence until 4:00 P.M.

At 12:55 P.M., on motion of Senator DRUMMOND, with unanimous consent, with Senator PASSAILAIGUE retaining the floor, the Senate receded from business until 2:30 P.M.

The Senate reassembled at 2:37 P.M. and was called to order by the PRESIDENT.

The following were introduced:

S. 1230 -- Senators O'Dell and Bryan: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THEIR FRIEND AND FORMER COLLEAGUE, THE HONORABLE MILFORD "DOLLY" COOPER, FOR HIS SERVICE TO THE PEOPLE OF THE PIEDMONT COMMUNITY IN ANDERSON COUNTY AS HE CLOSES THE DOORS OF THE PIEDMONT ECONOMY STORE FIFTY-SEVEN YEARS AFTER HE OPENED IT FOR BUSINESS.

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

S. 1231 -- Senator Setzler: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF RYAN CROUT, EIGHT YEARS OLD OF GILBERT, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 4710 -- Reps. Davenport, Lee, Littlejohn, Lanford, Wells, Wilder, Walker, Vaughn, Allison and D. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND JOHN RENFRO OF LANDRUM FOR BEING NAMED CHAIRMAN OF THE 1996 ARTS PARTNERSHIP CAMPAIGN AND WISH HIM CONTINUED SUCCESS IN THE FUTURE.

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

H. 4711 -- Reps. Davenport, Lee, Littlejohn, Wells, Wilder, Lanford, Walker, Vaughn, Allison and D. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE MILLIKEN & COMPANY FOR BEING AWARDED THE FIRST ENVIRONMENTAL CHAMPION AWARD RECOGNIZING OUTSTANDING PERFORMANCE IN THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY'S 33/50 PROGRAM WHICH ENCOURAGES THE REDUCTION IN A COMPANY'S USE OF SEVENTEEN TARGETED CHEMICALS, AND TO WISH THE COMPANY MUCH SUCCESS IN THE FUTURE.

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

H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.

The Senate resumed consideration of the Bill. The question being the adoption of Amendment No. 26-P1 (3901R062.ELP) previously proposed by Senator PASSAILAIGUE.

Senator PASSAILAIGUE spoke on the amendment.

At 2:40 P.M., Senator MESCHER requested a leave of absence to attend a committee meeting.

On motion of Senator MESCHER, at 2:42 P.M., Senator ROSE was granted a leave of absence for the balance of the day.

Senator J. VERNE SMITH made the point that a quorum was not present. It was ascertained that a quorum was present.

The Senate resumed.

Senator PASSAILAIGUE spoke on the amendment.

Senator MESCHER asked unanimous consent to make a motion to be granted leave of the Senate to be recorded as voting with Senator PASSAILAIGUE on amendments or tabling motions relating to H. 3901, without changing the outcome of any vote.

There was no objection.

Senator PASSAILAIGUE spoke on the amendment.

Senator WILSON asked unanimous consent to make a motion to take up for immediate consideration Amendment No. 26A, a substitute amendment which would incorporate Amendments No. 26 and 26-P1.

Senator DRUMMOND objected.

Senator ROSE asked unanimous consent to make a motion to be granted leave of the Senate to be recorded as voting against Amendment No. 26 or 26A, proposed by Senator WILSON, and in favor of Amendment No. 18B, proposed by Senator DRUMMOND, without changing the outcome of any vote.

There was no objection.

Senator DRUMMOND spoke on the amendment.

At 3:45 P.M., Senator RICHTER requested a leave of absence until 5:00 P.M.

Senator DRUMMOND spoke on the amendment.

At 3:50 P.M., Senator HOLLAND requested a leave of absence beginning at 4:00 until 5:00 P.M.

Senator DRUMMOND spoke on the amendment.

With Senator DRUMMOND retaining the floor, Senator RANKIN, with unanimous consent, rose to a Point of Personal Interest.

Senator DRUMMOND spoke on the amendment.

At 4:23 P.M., Senator MARTIN assumed the Chair.

At 4:25 P.M., Senator O'DELL requested a leave of absence for the balance of the day.

At 4:26 P.M., Senator WASHINGTON requested a leave of absence for the balance of the day.

At 4:27 P.M., on motion of Senator MOORE, with unanimous consent, with Senator DRUMMOND retaining the floor, the Senate receded from business not to exceed fifteen minutes.

At 4:45 P.M., the Senate resumed.

At 4:45 P.M., the PRESIDENT assumed the Chair.

At 4:46 P.M., on motion of Senator MARTIN, with unanimous consent, with Senator DRUMMOND retaining the floor, the Senate receded from business subject to the call of the Chair, not to exceed thirty minutes.

At 5:30 P.M., the Senate resumed.

Senator DRUMMOND spoke on the amendment.

At 6:17 P.M., Senator COURTNEY assumed the Chair.

Senator DRUMMOND spoke on the amendment.

Senator LAND spoke on the amendment.

At 6:43 P.M., the PRESIDENT assumed the Chair.

Senator LAND continued speaking on the amendment.

At 7:15 P.M., on motion of Senator ELLIOTT, with unanimous consent, the Senate receded from business not to exceed ten minutes.

At 7:30 P.M., the Senate resumed.

At 7:32 P.M., Senator RANKIN requested a leave of absence for Thursday, March 7, 1996, to attend a funeral.

Senator RANKIN asked unanimous consent to make a motion to be granted leave of the Senate to be recorded as voting in favor of Amendment No. 16B proposed by Senator PASSAILAIGUE, in favor of Amendments Nos. 35, 36 and 37, and in favor of giving the Bill third reading, as amended.

Senator DRUMMOND was recognized.

On motion of Senator DRUMMOND, debate was interrupted by the Executive Session, and upon lifting of the veil of secrecy, the Senate stood adjourned.

I was unable to stay for the final hour of the Senate's Thursday, February 29, 1996, session, as I had to leave to attend a committee meeting on the Palmetto Municipal Power Association legislation. Had I been present, I would have voted to support passage of Senator Passailaigue's amendment which would allow the people of South Carolina to vote on these important matters.

Confirmation

Having received a favorable report from the Charleston County Delegation, the following appointment was confirmed in open session:

Reappointment, Charleston County Voter Registration Board, with term to commence March 15, 1996, and to expire March 15, 1998:

Ms. Louise M. Hill, 157 Grove Street, Charleston, S.C. 29403

On motion of Senator DRUMMOND, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:

Having been reported favorably from Executive Session, on motion of Senator SALEEBY, with unanimous consent, the following appointments were confirmed:

Reappointment, Board of Financial Institutions, with term to commence June 30, 1994, and to expire June 30, 1998:

Consumer:

Mr. Kenneth A. Boiter, Interstate/Johnson Lane, Post Office Box 652, Spartanburg, S.C. 29304-0652

Initial Appointment, Board of Financial Institutions, with term to commence June 30, 1994, and to expire June 30, 1998:

Licensed Consumer Finance:

Mr. William F. Sachs, 1412 Kathwood Drive, Columbia, S.C. 29206 VICE Derial L. Ogburn

Initial Appointment, Director of the Department of Insurance, with term to commence July 1, 1995, and to expire at the pleasure of the Governor:

Mr. Lee P. Jedziniak, Director, Department of Insurance, 1612 Marion Street, Columbia, S.C. 29201

Reappointment, Board of Financial Institutions, with term to commence June 30, 1993, and to expire June 30, 1997:

Consumer Financial Institution:

Mrs. Ruth B. Looper, 5 Saluda Lake Circle, Greenville, S.C. 29611

Reappointment, Board of Financial Institutions, with term to commence June 30, 1996, and to expire June 30, 2000:

Credit Union League:

Mr. F.M.C. Fralix, President, South Carolina State Credit Union, 800 Huger Street, Columbia, S.C. 29201

Member, Board of Financial Institutions, with term to expire June 30, 1996:

Credit Union League:

Mr. F.M.C. Fralix, President, South Carolina State Credit Union, 800 Huger Street, Columbia, S.C. 29201 VICE James L. Faile (retired) Senate Confirmation: Required at this legislative session

Reappointment, Commission on Consumer Affairs, with term to commence September 1, 1994, and to expire September 1, 1998:

At-Large:

Ms. DeAnna S. Trout, Post Office Box 995, Moncks Corner, S.C. 29461

Having been reported favorably from Executive Session, on motion of Senator WILSON, with unanimous consent, the following appointment was confirmed:

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

On motion of Senator RANKIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Senator RANKIN's aunt, Ms. Esta Norris Rankin of Allsbrook, S.C.

Senator DRUMMOND moved that when the Senate adjourns, it stand adjourned to meet tomorrow at 10:00 A.M., which motion was adopted.

At 7:40 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 10:00 A.M.

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