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

WEDNESDAY, MARCH 20, 1996

Wednesday, March 20, 1996
(Statewide Session)

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 a few words from the Book of Acts 5:33-39 (NRSV):

"But a Pharisee in the council named

Gamaliel, a teacher of the law, respected

by all the people, stood up... and said:

'So in the present case, I tell you, keep

away from these men and let them alone,

because if this plan or this undertaking

is of human origin, it will fail; but

if it is of God, you will not be able

to overthrow them--- in that case

you may even be found fighting against

God'!"
Let us pray.

Our Father, we pray for that quality of character that, in the vernacular, is called INTEGRITY. Help us to try with all our hearts to achieve and be true to the highest and best that we know.

Sometimes, Lord, when we stand toe to toe, and eyeball to eyeball, in debate, help us to know the difference between cussedness and integrity.

To the God that looks upon the heart be all the glory this day.

Amen.

RECESS

At 11:06 A.M., on motion of Senator LEVENTIS, the Senate receded from business until 11:16 A.M.

At 11:13 A.M., the Senate resumed.

Leave of Absence

On motion of Senator THOMAS, at 11:14 A.M., Senators RUSSELL, MOORE, McCONNELL and SALEEBY were granted a leave of absence to attend a meeting of the Judicial Screening Committee.

Call of the Senate

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

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

A quorum being present, the Senate resumed.

Point of Personal Privilege

Senator WILSON rose to a Point of Personal Privilege.

ACTING PRESIDENT PRESIDES

At 11:21 A.M., Senator MARTIN assumed the Chair.

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

Message from the House

Columbia, S.C., March 20, 1996

Mr. President and Senators:

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

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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1260 -- Senators Leventis, McGill, Moore, Richter, McConnell, Gregory, Russell, Jackson, Greg Smith, Passailaigue, Courson, Land and Thomas: A BILL TO AMEND SECTION 47-3-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOGS AND OTHER DOMESTIC ANIMALS, REGULATION BY COUNTIES, AND THE TRANSFER OF A DOMESTIC ANIMAL TO AN ANIMAL SHELTER TEN DAYS AFTER THE DATE THE OWNER WAS TO PICK UP THE ANIMAL, SO AS TO PROVIDE THAT A PERSON WHO FAILS TO PICK UP AN ANIMAL OR WHO ABANDONS ONE AT AN ANIMAL HOSPITAL, A DOG KENNEL, A CAT KENNEL, ANOTHER ANIMAL CARE FACILITY, OR BOARDING FACILITY IS GUILTY OF A MISDEMEANOR, AND TO PROVIDE PENALTIES.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 1261 -- Senators Leventis, McGill, Moore, Richter, McConnell, Gregory, Russell, Jackson, Greg Smith, Passailaigue, Courson, Land and Thomas: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO, AMONG OTHER THINGS, CHANGE VARIOUS PENALTIES, INCLUDING MAKING CERTAIN MISDEMEANOR OFFENSES FELONIES, ALLOW CERTAIN FIRST OFFENSE VIOLATIONS TO BE TRIED IN MUNICIPAL COURT, AND DELETE THE EXEMPTION PROVIDING THAT THIS SECTION DOES NOT APPLY TO FOWL.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 1262 -- Senators Leventis, McGill, Moore, Richter, McConnell, Gregory, Russell, Jackson, Greg Smith, Passailaigue, Courson, Land and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 TO CHAPTER 3, TITLE 47, SO AS TO PROVIDE FOR THE STERILIZATION OF DOGS AND CATS.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 1263 -- Senators Leventis, McGill, Richter, McConnell, Gregory, Russell, Jackson, Greg Smith, Passailaigue, Courson, Land and Thomas: A BILL TO AMEND SECTION 47-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF ANIMAL, SO AS TO REDEFINE THE TERM ANIMAL AND DEFINE THE WORDS SUSTENANCE AND SHELTER; TO AMEND SECTION 47-1-40, AS AMENDED, RELATING TO THE ILL-TREATMENT OF AN ANIMAL SO AS TO ALLOW FOR DISPOSITION OF A PERSON'S CASE, WHO HAS ALLEGEDLY DISOBEYED THIS SECTION, TO BE HEARD IN EITHER MAGISTRATE'S OR MUNICIPAL COURT AND TO MAKE THIS CODE SECTION APPLICABLE TO FOWL; TO AMEND SECTION 47-1-50, AS AMENDED, RELATING TO PENALTIES FOR THE MISUSE AND ABANDONMENT OF AN ANIMAL SO AS TO DELETE THE PROVISION THAT A PERSON MAY NOT KNOWINGLY OR WILFULLY AUTHORIZE OR PERMIT AN ANIMAL TO BE SUBJECTED TO UNNECESSARY TORTURE, SUFFERING, OR CRUELTY; TO AMEND SECTION 47-1-70, AS AMENDED, RELATING TO THE ABANDONMENT OF AN ANIMAL AND THE DEFINITION OF THE TERM NECESSITIES OF LIFE SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL MUST BE GIVEN A SUPPLY OF CLEAN, FRESH, AND POTABLE WATER AT LEAST ONCE DAILY; TO AMEND SECTION 47-1-90, RELATING TO THE TRANSPORTATION OF AN ANIMAL IN RAILROAD CARS SO AS TO REQUIRE ANY COMPANY CARRYING OR TRANSPORTING AN ANIMAL NOT TO OVERLOAD THE VEHICLE CARRYING THE ANIMAL AND TO PROVIDE THAT AN ANIMAL MUST NOT BE CONFINED IN A VEHICLE FOR A PERIOD LONGER THAN TWENTY-FOUR CONSECUTIVE HOURS UNLESS CIRCUMSTANCES STATED IN THIS SECTION ALLOW; TO AMEND SECTION 47-1-100, RELATING TO THE CARE OF AN ANIMAL UNLOADED DURING TRANSIT SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 47-1-120, RELATING TO THE CUSTODY OF AN ANIMAL WHEN ITS KEEPER IS ARRESTED, SO AS TO MAKE THIS SECTION INAPPLICABLE TO PERSONS WHO ARE ARRESTED FOR VIOLATING TITLE 47, CHAPTER 1; TO AMEND SECTION 47-1-140, RELATING TO THE CARE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL TAKEN AFTER ITS CUSTODIAN'S ARREST BE CARED AND PROVIDED PROPERLY FOR BY THE PERSON MAKING THE ARREST UNTIL THE OWNER TAKES CUSTODY OF THE ANIMAL AND TO ALLOW AN ANIMAL TO BE SEIZED PRECEDING AN ARREST PURSUANT TO SECTION 47-1-150; TO AMEND SECTION 47-1-150, RELATING TO ANIMAL CRUELTY LAWS, SO AS TO ALLOW AN ANIMAL TO BE HELD BY THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OTHER SOCIETY INVOLVED IN THE SEIZURE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST PENDING CRIMINAL DISPOSITION OF THE CASE AT A FACILITY MAINTAINED OR CONTRACTED BY THAT AGENCY; TO AMEND SECTION 47-1-170, RELATING TO PENALTIES, FINES, AND LIENS ASSESSED UPON AN ANIMAL CRUELLY USED SO AS TO REQUIRE THE CONVICTED OWNER OR PERSON HAVING CUSTODY OF A CRUELLY USED ANIMAL TO FORFEIT OWNERSHIP OF THE ANIMAL AND BE RESPONSIBLE FOR COSTS INCURRED AS ORDERED BY THE SENTENCING COURT; AND TO REPEAL SECTION 47-1-30, RELATING TO WILFUL ABUSE OF HORSES OR OTHER "BEASTS OF BURDEN".

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 1264 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-71-270 AND 38-71-275 SO AS TO PROHIBIT INSURERS TRANSACTING MEDICARE SUPPLEMENT INSURANCE FROM DENYING OR CONDITIONING THE ISSUANCE OR EFFECTIVENESS OF ANY MEDICARE SUPPLEMENT INSURANCE POLICY OR CERTIFICATE OF COVERAGE FOR CERTAIN STATED REASONS AND TO PROVIDE FOR RELATED MATTERS.

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

S. 1265 -- Senator McConnell: A BILL TO AMEND SECTION 12-6-3380 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX CREDITS FOR CHILD AND DEPENDENT CARE, SO AS TO PROVIDE A TAX CREDIT FOR FOSTER PARENTS WHO INCUR AFTER-SCHOOL AND DAY CARE EXPENSES FOR FOSTER CHILDREN RESIDING IN THEIR HOMES.

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

S. 1266 -- Senator Gregory: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO PROHIBIT THE DEPARTMENT OF NATURAL RESOURCES FROM PROVIDING A BREAK IN THE SEASON ON PRIVATE LANDS IN GAME ZONE 4.

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

S. 1267 -- Senators Ryberg and Wilson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELECTION OF MEMBERS OF THE SUPREME COURT, SO AS TO PROVIDE THAT MEMBERS OF THE SUPREME COURT SHALL BE POPULARLY ELECTED FROM THE STATE AT-LARGE BY THE QUALIFIED VOTERS OF THE STATE IN A NONPARTISAN ELECTION; TO AMEND SECTION 8, ARTICLE V OF THE CONSTITUTION OF THIS STATE, RELATING TO ELECTION OF MEMBERS OF THE COURT OF APPEALS, SO AS TO PROVIDE THAT JUDGES OF THE COURT OF APPEALS SHALL BE POPULARLY ELECTED FROM THE STATE AT-LARGE BY THE QUALIFIED VOTERS OF THE STATE IN A NONPARTISAN ELECTION; TO AMEND SECTION 13, ARTICLE V OF THE CONSTITUTION OF THIS STATE, RELATING TO JUDICIAL CIRCUIT JUDGES, SO AS TO PROVIDE THAT CIRCUIT COURT JUDGES SHALL BE POPULARLY ELECTED FROM THE JUDICIAL CIRCUITS DIVIDED BY THE GENERAL ASSEMBLY BY THE QUALIFIED VOTERS OF EACH CIRCUIT IN A NONPARTISAN ELECTION; AND TO AMEND SECTION 18, ARTICLE V OF THE CONSTITUTION OF THIS STATE, RELATING TO THE FILLING OF VACANCIES ON THE SUPREME COURT, COURT OF APPEALS AND CIRCUIT COURT, SO AS TO PROVIDE THAT ALL VACANCIES MUST BE FILLED BY APPOINTMENT BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE, FOR THE UNEXPIRED TERM OF THE PREDECESSOR.

Senator RYBERG spoke on the Joint Resolution.

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

S. 1268 -- Senators Ryberg and Wilson: A BILL TO AMEND SECTION 14-3-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION AND ELECTION OF MEMBERS OF THE SUPREME COURT, SO AS TO PROVIDE THAT MEMBERS OF THE SUPREME COURT SHALL BE POPULARLY ELECTED FROM THE STATE AT-LARGE BY THE QUALIFIED VOTERS OF THE STATE IN A NONPARTISAN ELECTION; TO AMEND SECTION 14-3-40 OF THE 1976 CODE, RELATING TO VACANCIES ON THE SUPREME COURT, SO AS TO PROVIDE THAT VACANCIES SHALL BE FILLED BY APPOINTMENT BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE, FOR THE REMAINDER OF THE UNEXPIRED TERM; TO AMEND SECTION 14-5-110 OF THE 1976 CODE, RELATING TO THE QUALIFICATION FOR OFFICE BY CIRCUIT COURT JUDGES, SO AS TO PROVIDE THAT TERMS OF OFFICE FOR ALL CIRCUIT JUDGES ELECTED AFTER JANUARY 1, 1997, SHALL COMMENCE AS OF JANUARY FIRST OF THE YEAR FOLLOWING THE YEAR IN WHICH THEY ARE ELECTED, RATHER THAN JUNE THIRTIETH OF THE YEAR IN WHICH THEY ARE ELECTED, AND TO PROVIDE THAT THE TERM OF ANY JUDGE IN OFFICE ON JANUARY 1, 1997, WHICH EXPIRES ON JUNE THIRTIETH OF A YEAR SHALL BE EXTENDED UNTIL DECEMBER THIRTY-FIRST OF THAT YEAR; TO AMEND SECTION 14-5-610 OF THE 1976 CODE, RELATING TO THE DIVISION OF THE STATE INTO JUDICIAL CIRCUITS AND THE ELECTION OF JUDGES THEREIN, SO AS TO INCREASE THE NUMBER OF JUDGES ELECTED IN EACH CIRCUIT, TO DELETE PROVISIONS RELATING TO AT-LARGE JUDGES, AND TO ASSIGN THE NUMBERED AT-LARGE SEATS TO PARTICULAR JUDICIAL CIRCUITS; TO AMEND SECTION 14-8-20 OF THE 1976 CODE, RELATING TO ELECTION OF MEMBERS OF THE COURT OF APPEALS, SO AS TO PROVIDE THAT JUDGES OF THE COURT OF APPEALS SHALL BE POPULARLY ELECTED FROM THE STATE AT-LARGE BY THE QUALIFIED VOTERS OF THE STATE IN A NONPARTISAN ELECTION; TO AMEND SECTION 14-8-60 OF THE 1976 CODE, RELATING TO VACANCIES ON THE COURT OF APPEALS, SO AS TO PROVIDE THAT VACANCIES SHALL BE FILLED BY APPOINTMENT BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE, FOR THE REMAINDER OF THE UNEXPIRED TERM; TO AMEND SECTION 20-7-1370 OF THE 1976 CODE, RELATING TO THE QUALIFICATIONS, ELECTION AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE THAT FAMILY COURT JUDGES SHALL BE POPULARLY ELECTED FROM THE JUDICIAL CIRCUITS BY THE QUALIFIED VOTERS OF EACH CIRCUIT IN A NONPARTISAN ELECTION AND TO PROVIDE THAT VACANCIES SHALL BE FILLED BY APPOINTMENT BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE, FOR THE REMAINDER OF THE UNEXPIRED TERM; TO AMEND SECTION 7-11-10 OF THE 1976 CODE, RELATING TO   METHODS OF NOMINATING CANDIDATES, SO AS TO PROVIDE THAT CANDIDATES FOR THE OFFICE OF FAMILY COURT JUDGE, CIRCUIT COURT JUDGE, JUDGE OF THE COURT OF APPEALS, OR JUSTICE OF THE SUPREME COURT SHALL BE NOMINATED IN A NONPARTISAN PRIMARY TO BE HELD JOINTLY WITH POLITICAL PARTY PRIMARIES; TO AMEND CHAPTER 11, TITLE 7 OF THE 1976 CODE, RELATING TO THE DESIGNATION AND NOMINATION OF CANDIDATES, BY ADDING SECTION 7-11-23 SO AS TO PROVIDE FOR NONPARTISAN PRIMARIES FOR THE ELECTION OF JUDGES; TO AMEND SECTION 7-13-10 OF THE 1976 CODE, RELATING TO THE TIME OF GENERAL ELECTIONS FOR OFFICERS, SO AS TO INCLUDE JUDICIAL OFFICERS AMONG THOSE WHO MUST BE ELECTED AT THE TIME OF THE GENERAL ELECTION; TO AMEND SECTION 7-13-15 OF THE CODE, RELATING TO THE DATE OF PRIMARY ELECTIONS, SO AS TO PROVIDE THAT A NONPARTISAN PRIMARY TO NOMINATE CANDIDATES FOR ELECTION AS JUDGES SHALL BE HELD JOINTLY WITH THE POLITICAL PRIMARIES ON THE SECOND TUESDAY IN JUNE OF EACH GENERAL ELECTION YEAR; TO AMEND CHAPTER 13, TITLE 7 OF THE 1976 CODE, RELATING TO THE CONDUCT OF ELECTIONS, BY ADDING SECTION 7-13-335 SO AS TO PROVIDE FOR THE MANNER IN WHICH NAMES OF CANDIDATES MUST BE PLACED ON THE BALLOT IN A NONPARTISAN ELECTION FOR THE ELECTION OF JUDGES AND BY ADDING SECTION 7-13-630 SO AS TO PROVIDE FOR THE MANNER IN WHICH NAMES OF CANDIDATES MUST BE PLACED ON THE BALLOT IN A NONPARTISAN PRIMARY FOR THE ELECTION OF JUDGES; TO AMEND SECTION 8-13-1314 OF THE 1976 CODE, RELATING TO CAMPAIGN CONTRIBUTION LIMITS AND RESTRICTIONS, SO AS TO PROVIDE THAT NO CANDIDATE FOR THE SUPREME COURT OR COURT OF APPEALS MAY SOLICIT OR ACCEPT A CONTRIBUTION WHICH EXCEEDS FIVE HUNDRED DOLLARS IN AN ELECTION CYCLE, AND THAT NO CANDIDATE FOR CIRCUIT COURT OR FAMILY COURT MAY SOLICIT OR ACCEPT A CONTRIBUTION WHICH EXCEEDS TWO HUNDRED DOLLARS IN AN ELECTION CYCLE; TO AMEND SECTION 8-13-1316 OF THE 1976 CODE, RELATING TO RESTRICTIONS ON CAMPAIGN CONTRIBUTIONS, SO AS TO PROVIDE THAT NO CANDIDATE FOR JUDICIAL OFFICE OR ANYONE ACTING ON HIS BEHALF MAY SOLICIT OR ACCEPT A CONTRIBUTION FROM A POLITICAL PARTY OR A PARTY COMMITTEE OR A LEGISLATIVE CAUCUS COMMITTEE OF A POLITICAL PARTY; TO PROVIDE THAT AN AT-LARGE CIRCUIT COURT JUDGE SERVING IN OFFICE ON THE EFFECTIVE DATE OF THIS ACT WHOSE SEAT IS ASSIGNED TO A JUDICIAL CIRCUIT PURSUANT TO THIS ACT DOES NOT HAVE TO BE A RESIDENT OF THE CIRCUIT TO WHICH HIS SEAT IS ASSIGNED AND MAY SEEK ELECTION WHEN HIS TERM EXPIRES IN THE NONPARTISAN ELECTION HELD PURSUANT TO THIS ACT IN THE CIRCUIT TO WHICH HIS SEAT IS ASSIGNED; AND TO PROVIDE THAT THE PROVISIONS OF THIS ACT TAKE EFFECT UPON RATIFICATION OF AMENDMENTS TO SECTIONS 3 AND 8 OF ARTICLE V OF THE CONSTITUTION OF THIS STATE, REQUIRING THAT THE MEMBERS OF THE SUPREME COURT AND THE COURT OF APPEALS BE ELECTED BY THE QUALIFIED ELECTORS OF THIS STATE AND TO SECTION 13, ARTICLE V OF THE CONSTITUTION OF THIS STATE, REQUIRING THAT CIRCUIT COURT JUDGES BE ELECTED BY THE QUALIFIED ELECTORS OF THE JUDICIAL CIRCUITS DIVIDED BY THE GENERAL ASSEMBLY.

Senator RYBERG spoke on the Bill.

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

S. 1269 -- Senator Rose: A BILL TO AMEND SECTION 41-25-30 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIVATE PERSONNEL AGENCIES, SO AS TO PROVIDE FOR DISCRETION ON THE PART OF THE SECRETARY OF STATE IN DETERMINING WHETHER TO RENEW THE LICENSE OF A PRIVATE PERSONNEL AGENCY WHEN THE LICENSEE FAILS TO APPLY FOR RENEWAL OF THE LICENSE WITHIN THE STATUTORY DEADLINE.

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

S. 1270 -- Senator Leventis: A BILL TO AMEND CHAPTER 11, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF CONTRACTORS, SO AS TO REVISE THE CHAPTER TO CONFORM TO A UNIFORM FRAMEWORK FOR THE ORGANIZATION AND OPERATION OF PROFESSIONAL AND OCCUPATIONAL BOARDS.

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

S. 1271 -- Senator Land: A BILL TO AMEND CHAPTER 36, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF OCCUPATIONAL THERAPISTS, SO AS TO REVISE THE CHAPTER TO CONFORM TO A UNIFORM FRAMEWORK FOR THE ORGANIZATION AND OPERATION OF PROFESSIONAL AND OCCUPATIONAL BOARDS.

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

S. 1272 -- Senators Leventis, Land, Wilson, McGill and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1355 SO AS TO REQUIRE THAT ON THE NEXT REGULAR WORKING DAY OF THE STATE ELECTION COMMISSION AFTER A POLL IS INITIATED BY A PERSON, CANDIDATE, OR COMMITTEE, THE TEXT OF QUESTIONS TO BE ASKED ALONG WITH THE NAME OF THE POLL'S SPONSOR MUST BE ON FILE WITH THE COMMISSION, TO PROVIDE AN EXCEPTION AND THE COVERED PERIOD AND APPLICABILITY TO PRIMARIES AND RUN-OFF ELECTIONS.

Senator LEVENTIS spoke on the Bill.

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

S. 1273 -- Senators Rose, McConnell and Mescher: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.

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

S. 1274 -- Senators Hayes, Gregory, Peeler and Short: A BILL TO ESTABLISH A UNIFORM FILING PERIOD FOR CANDIDATES FOR TRUSTEES TO THE SCHOOL BOARDS IN YORK COUNTY SCHOOL DISTRICTS 1, 2, 3, AND 4.

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

S. 1275 -- Senator Setzler: A CONCURRENT RESOLUTION TO COMMEND CAMP DISCOVERY, A NONPROFIT THERAPEUTIC RECREATIONAL CAMP, LOCATED IN BLYTHEWOOD, FOR ITS CONTRIBUTIONS IN BUILDING THE SELF-ESTEEM, INDEPENDENCE, AND AWARENESS OF THE PARTICIPANTS AND CLIENTS IT SERVES, AND TO DECLARE SATURDAY, MARCH 30, 1996, AS "CAMP DISCOVERY DAY" IN SOUTH CAROLINA.

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

S. 1276 -- Senator Washington: A SENATE RESOLUTION CONGRATULATING THE WALTERBORO HIGH SCHOOL BAND ON WINNING THE SOUTH CAROLINA AAAA STATE MARCHING BAND CHAMPIONSHIP.

The Senate Resolution was adopted.

H. 4776 -- Reps. R. Smith and Mason: A CONCURRENT RESOLUTION CONGRATULATING ST. JOHN UNITED METHODIST CHURCH OF GRANITEVILLE ON ITS ONE HUNDRED FIFTIETH ANNIVERSARY.

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

H. 4786 -- Rep. Koon: A CONCURRENT RESOLUTION TO CONGRATULATE THE LEXINGTON HIGH SCHOOL WILDCATS ON THEIR WINNING THE 1996 CLASS AAAA STATE BASKETBALL CHAMPIONSHIP.

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

REPORTS OF STANDING COMMITTEES

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

S. 921 -- Senators Bryan, Elliott, Reese, Wilson, Gregory, Leatherman and Washington: A BILL TO AMEND SECTION 1-23-120 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS, SO AS TO PROVIDE THAT ALL REGULATIONS REQUIRING GENERAL ASSEMBLY REVIEW SHALL EXPIRE FIVE YEARS AFTER THEIR EFFECTIVE DATE, UNLESS SUBSEQUENTLY APPROVED FOR ADDITIONAL PERIODS OF FIVE YEARS.

Ordered for consideration tomorrow.

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

S. 1035 -- Senators McGill, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A BILL TO AMEND SECTION 4-9-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT NO COUNTY MAY BE BOUND BY ANY GENERAL LAW REQUIRING IT TO SPEND FUNDS OR TAKE AN ACTION REQUIRING THE EXPENDITURE OF FUNDS UNLESS THE GENERAL ASSEMBLY HAS DETERMINED THAT THE LAW REQUIRING THE EXPENDITURE FULFILLS A STATE INTEREST AND THE LAW REQUIRING THE EXPENDITURE IS APPROVED BY TWO-THIRDS OF THE MEMBERS VOTING IN EACH HOUSE OF THE GENERAL ASSEMBLY, SO AS TO DELETE THE GENERAL AND SPECIAL APPROPRIATIONS ACTS FROM THE EXEMPTIONS IN THIS SECTION.

Ordered for consideration tomorrow.

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

S. 1041 -- Senators Gregory, Ryberg, Courson, Wilson, Martin, Greg Smith and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-65 SO AS TO GRANT EMPLOYERS IMMUNITY, BOTH ABSOLUTE AND QUALIFIED DEPENDING ON THE SCOPE OF THE INFORMATION, FOR RESPONDING TO PROSPECTIVE EMPLOYERS' REQUESTS FOR REFERENCES.

Ordered for consideration tomorrow.

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

S. 1054 -- Senators J. Verne Smith, Drummond, Hayes, Elliott and Glover: A BILL TO AMEND SECTION 6-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF A PETITION PRIOR TO THE ACQUISITION OF A PROJECT BY A JOINT AGENCY, SO AS TO FURTHER ALLOW THE PUBLIC SERVICE COMMISSION TO APPROVE CERTAIN TYPES OF PROJECTS WHICH CONSIST OF CERTAIN KINDS OF ELECTRIC GENERATING PLANTS AND PROVIDE THAT THE COMMISSION'S APPROVAL IS NOT NECESSARY FOR PROJECTS FOR TRANSMISSION, DISTRIBUTION, OR TRANSFORMATION OF ELECTRIC POWER AND ENERGY; TO AMEND SECTION 6-23-90, RELATING TO THE RIGHTS AND POWERS OF A JOINT AGENCY, SO AS TO DELETE A REFERENCE TO SECTION 6-23-120, DELETE THE PROVISION WHICH PROVIDES FOR JOINT AGENCIES TO ACQUIRE NOT LESS THAN TEN PERCENT OF RATED CAPACITY FROM AN ELECTRIC SUPPLIER, ADDING A PROVISION FOR JOINT AGENCIES TO NEGOTIATE AND ENTER CONTRACTS WITH ANY PERSON, FIRM, OR CORPORATION, WITHIN OR WITHOUT THE STATE, AUTHORIZING JOINT AGENCIES TO ENTER INTO CONTRACTS MAKING THEM OBLIGATED TO MAKE PAYMENTS REQUIRED BY A CONTRACT WHERE THE FACILITIES FROM WHICH SERVICES ARE PROVIDED ARE COMPLETED, OPERABLE AND OPERATING, AND THAT THESE PAYMENTS ARE NOT SUBJECT TO REDUCTIONS AND ARE NOT CONDITIONED UPON THE PERFORMANCE OR NONPERFORMANCE OF ANY PARTY; TO AMEND SECTION 6-23-170, RELATING TO INVESTMENTS OF A JOINT AGENCY OF MONIES PENDING DISBURSEMENT, SO AS TO PROVIDE THAT THE BOARD OF DIRECTORS OR PERSONS AUTHORIZED TO MAKE INVESTMENT DECISIONS ON BEHALF OF JOINT AGENCIES ARE CONSIDERED TO BE TRUSTEES AND SUBJECT TO THE PRUDENT INVESTOR STANDARD; AND TO REPEAL SECTION 6-23-120, RELATING TO THE SALE OF EXCESS POWER OR OUTPUT OF A PROJECT NOT THEN REQUIRED BY ANY OF THE MEMBERS OF THE JOINT AGENCY.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

Senator WASHINGTON from the Committee on Medical Affairs submitted a favorable with amendment report on:

S. 1141 -- Senator Leatherman: A BILL TO AMEND TITLE 44, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, TUBERCULOSIS CAMPS, AND HEALTH SERVICES DISTRICTS, BY ADDING ARTICLE 23 SO AS TO REQUIRE FINGERPRINT REVIEWS OF NURSING ASSISTANTS IN HEALTH CARE FACILITIES, TO PROVIDE FOR TRANSFER OF INFORMATION AMONG FACILITIES, AND TO PROVIDE PENALTIES.

Ordered for consideration tomorrow.

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

S. 1160 -- Senator Holland: A BILL TO AMEND SECTION 7-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS TO BE FURNISHED BY THE BUREAU OF VITAL STATISTICS, SO AS TO REQUIRE THAT THE BUREAU MUST FURNISH THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION WITH A MONTHLY REPORT OF PERSONS EIGHTEEN YEARS OF AGE OR OLDER WHO HAVE DIED INSTEAD OF PERSONS WHO ARE TWENTY-ONE YEARS OF AGE OR OLDER; TO AMEND SECTION 7-5-430, RELATING TO REGISTRATION BOOKS FOR GENERAL AND SPECIAL ELECTIONS, SO AS TO PROVIDE THAT A COUNTY BOARD OF REGISTRATION MUST FURNISH THE COUNTY ELECTION COMMISSIONERS WITH ONE REGISTRATION BOOK FOR EACH POLLING PRECINCT; TO AMEND SECTION 7-5-670, RELATING TO USE AND CUSTODY OF REGISTRATION BOOKS, SO AS TO DELETE THE REQUIREMENT THAT REGISTRATION BOOKS BE KEPT IN THE OFFICE OF THE CLERK OF COURT OF A COUNTY; TO AMEND SECTION 7-9-50, RELATING TO MEETINGS OF PARTY CLUBS, SO AS TO PROVIDE THAT THE PRESIDENT OR FIVE MEMBERS MAY CALL ALL SPECIAL MEETINGS OF THE CLUB; TO AMEND SECTION 7-13-35, RELATING TO NOTICE OF GENERAL, SPECIAL, AND PRIMARY ELECTIONS, SO AS TO PROVIDE THAT NOTICE MUST BE PUBLISHED FOR MUNICIPAL ELECTIONS, AND TO FURTHER PROVIDE THAT THE NOTICE MUST STATE WHERE ABSENTEE BALLOTS ARE TO BE COUNTED; TO AMEND SECTION 7-13-45, RELATING TO FILING REQUIREMENTS FOR CANDIDATES, SO AS TO REQUIRE THE COUNTY CHAIRMAN TO DESIGNATE A SPECIFIED PLACE OTHER THAN A PRIVATE RESIDENCE WHERE PERSONS MAY FILE A STATEMENT OF INTENTION OF CANDIDACY; TO AMEND SECTION 7-13-80, RELATING TO THE ORGANIZATION OF THE BOARD OF COMMISSIONERS, MANAGERS, AND CLERKS, SO AS TO PROVIDE THAT THE COUNTY ELECTION COMMISSION MUST APPOINT THE CHAIRMAN OF THE BOARD OF MANAGERS; TO AMEND SECTION 7-13-380, RELATING TO THE REPRINTING OF BALLOTS TO DELETE THE NAME OF A DECEASED OR WITHDRAWN CANDIDATE, SO AS TO PROVIDE THAT A BLANK LABEL COVER THE NAME OF THE DECEASED OR WITHDRAWN CANDIDATE ON VOTING SYSTEMS WHERE POSSIBLE OR APPROPRIATE; TO AMEND SECTION 7-13-740, RELATING TO THE NUMBER AND CONSTRUCTION OF VOTING BOOTHS, SO AS TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-820, RELATING TO VOTING BY A PERSON WHOSE NAME IS NOT ON THE REGISTRATION BOOK, SO AS TO PROVIDE THAT THE CHALLENGED VOTE IS A PROVISIONAL VOTE; TO AMEND SECTION 7-13-830, RELATING TO THE PROCEDURE WHEN A VOTER IS CHALLENGED, SO AS TO PROVIDE THAT THE MANAGER MUST EXPLAIN TO THE VOTER THAT A CHALLENGED VOTE IS PROVISIONAL; TO AMEND SECTION 7-13-860, RELATING TO POLL WATCHERS, SO AS TO PROVIDE THAT A POLL WATCHER MUST BE CERTIFIED BY THE CANDIDATE OR IN THE CASE OF WATCHERS JOINTLY REPRESENTING ALL CANDIDATES OF A POLITICAL PARTY, BY AN APPROPRIATE PARTY OFFICIAL; TO FURTHER PROVIDE THAT THE SIZE, COLOR OF, AND LETTERING ON BADGES OF POLL WATCHERS MUST MEET CERTAIN SPECIFICATIONS; TO AMEND SECTION 7-13-1700, RELATING TO INSTRUCTION OF MANAGERS AND CLERKS IN THE USE OF MACHINES, SO AS TO DELETE SOME OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-1750, RELATING TO THE PREPARATION OF MACHINES FOR ELECTIONS, SO AS TO DELETE THE PROVISION WHICH REQUIRES THE SEAL OF A MACHINE TO BE METAL; TO AMEND SECTION 7-15-10, RELATING TO THE DUTIES OF THE STATE ELECTION COMMISSION, SO AS TO DELETE THE PROVISION ALLOWING CERTAIN PERSONS TO REGISTER BY THE ABSENTEE METHOD; TO AMEND SECTION 7-15-110, RELATING TO PERSONS QUALIFIED TO REGISTER TO VOTE BY THE ABSENTEE METHOD, SO AS TO DELETE REFERENCES TO ABSENTEE REGISTRATION, AND TO PROVIDE THAT CERTAIN PERSONS MAY USE STANDARD 76 OR OTHER SIMILAR FEDERAL GOVERNMENT FORMS; TO AMEND SECTION 7-15-120, RELATING TO REGISTRATION FORMS, SO AS TO DELETE THE FORM; TO AMEND SECTION 7-15-260, RELATING TO RESPONSIBILITIES OF POLITICAL PARTIES CONDUCTING PRIMARIES, SO AS TO CLARIFY THAT THIS PROVISION APPLIES TO MUNICIPAL PRIMARIES ONLY; TO AMEND SECTION 7-15-320, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO INCLUDE CERTIFIED POLL WATCHERS IN THE LIST OF THOSE PERSONS ELIGIBLE TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-340, RELATING TO THE FORM OF APPLICATION FOR ABSENTEE BALLOT, SO AS TO DELETE THE FORM; TO AMEND SECTION 7-15-360, RELATING TO THE FURNISHING OF ABSENTEE BALLOTS AND ENVELOPES, SO AS TO REQUIRE A COUNTY BOARD OF VOTER REGISTRATION PROVIDE A BLANK BALLOT TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-15-365, RELATING TO BALLOTS AND INSTRUCTIONS FURNISHED BY A COUNTY BOARD OF REGISTRATION, SO AS TO PROVIDE THAT A BLANK BALLOT MUST BE GIVEN TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-15-370, RELATING TO THE FURNISHING OF ABSENTEE BALLOTS AND ENVELOPES, SO AS TO REQUIRE A COUNTY BOARD OF VOTER REGISTRATION PROVIDE A BLANK BALLOT TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-17-30, RELATING TO PROTESTS AND CONTESTS, SO AS TO CLARIFY THAT THE COUNTY BOARDS MUST DECIDE ALL CASES UNDER PROTEST OR CONTEST EXCEPT PRIMARIES AND MUNICIPAL ELECTIONS; AND TO REPEAL SECTIONS 7-11-410, RELATING TO ASSESSMENTS PAYABLE BY CANDIDATES; 7-11-430, RELATING TO AMOUNTS AND PRORATION OF ASSESSMENTS TO BE PAID BY CANDIDATES FOR THE HOUSE OF REPRESENTATIVES; 7-15-130, RELATING TO THE METHOD OF OBTAINING A REGISTRATION FORM; 7-15-140, RELATING TO COMPLETION AND RETURN OF A REGISTRATION FORM; 7-15-150, RELATING TO ENTRIES INTO REGISTRATION BOOKS; 7-15-160, RELATING TO THE VALIDITY AND EFFECT OF REGISTRATION; 7-15-170, RELATING TO PRESERVATION AND DESTRUCTION OF RECORD BOOKS AND REGISTRATION FORMS; 7-15-180, RELATING TO VERIFICATION OF REGISTRATION UPON REQUEST FOR AN ABSENTEE BALLOT; 7-15-190, RELATING TO THE FURNISHING OF NAMES OF REGISTERED VOTERS REQUESTING ABSENTEE BALLOTS; 7-15-240, RELATING TO ABSENTEE BALLOTS IN PRIMARY AND SPECIAL ELECTIONS; 7-15-250, RELATING TO DUTIES OF COUNTY COMMITTEES IN CONDUCTING PRIMARY ELECTIONS; AND 7-15-350, RELATING TO VERIFICATION OF REGISTRATION.

Ordered for consideration tomorrow.

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

S. 1213 -- Senator Holland: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE II, SECTION 4 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO DELETE THE REQUIREMENT THAT A CITIZEN OF THE UNITED STATES AND OF THIS STATE IS ENTITLED TO VOTE ONLY IN THE PRECINCT OF HIS RESIDENCE AND THAT ANY REGISTERED ELECTOR WHO HAS MOVED HIS PLACE OF RESIDENCE DURING THE THIRTY DAYS IMMEDIATELY PRIOR TO THE DATE OF AN ELECTION IS ENTITLED TO VOTE IN HIS PREVIOUS PRECINCT OF RESIDENCE.

Ordered for consideration tomorrow.

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

S. 1216 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 5, TITLE 7, SO AS TO ENACT PROVISIONS FOR MULTIPLE SITE VOTER REGISTRATION AND RESPONSIBILITIES OF THE SOUTH CAROLINA STATE ELECTION COMMISSION IN IMPLEMENTING THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-20, RELATING TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO, AMONG OTHER THINGS, REQUIRE THE EXECUTIVE DIRECTOR TO MAINTAIN A COMPLETE MASTER FILE, RATHER THAN A ROSTER, OF ALL QUALIFIED ELECTORS, REQUIRE HIM TO DELETE THE NAME OF ANY ELECTOR WHO REQUESTS IN WRITING THAT HIS NAME BE REMOVED, AND DELETE CERTAIN PROVISIONS OF LAW; TO AMEND SECTION 7-3-30, RELATING TO NOTICE OF DELETION OF ELECTOR'S NAME FROM ROSTER OF ELECTORS, APPEAL BY ELECTOR, AND RESTORATION OF NAME, SO AS TO, AMONG OTHER THINGS, PROVIDE FOR A MASTER FILE, RATHER THAN A ROSTER, DELETE CERTAIN PROVISIONS, AND PROVIDE THAT IF THE DELETION IS FOR CONVICTION, THE APPEAL MUST BE TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-155, RELATING TO REGISTRATION OF ELECTORS BY MAIL, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT IF THE POSTMARK DATE IS MISSING OR ILLEGIBLE, THE COUNTY BOARD OF VOTER REGISTRATION SHALL ACCEPT THE APPLICATION IF IT IS RECEIVED BY MAIL NO LATER THAN FIVE DAYS AFTER THE CLOSE OF THE REGISTRATION BOOKS BEFORE ANY ELECTION, AND REQUIRE COUNTY BOARDS OF VOTER REGISTRATION TO DISTRIBUTE APPLICATION FORMS TO CITY HALLS AND PUBLIC LIBRARIES; TO AMEND SECTION 7-5-440, RELATING TO THE REQUIREMENT THAT AN ELECTOR'S NAME MUST APPEAR ON THE LIST OF VOTERS IN ORDER TO BE ELIGIBLE TO VOTE, SO AS TO ESTABLISH A PROCEDURE BY WHICH A QUALIFIED ELECTOR WHO HAS MOVED FROM ONE ADDRESS TO ANOTHER AND HAS FAILED TO NOTIFY THE COUNTY BOARD OF REGISTRATION OF A CHANGE OF ADDRESS MAY VOTE; TO AMEND SECTION 7-7-720, RELATING TO CERTIFICATES WHICH MUST BE MAILED TO PERSONS WHOSE REGISTRATION IS TRANSFERRED, SO AS TO CHANGE THE PROCEDURE BY WHICH AN ELECTOR'S NAME MAY BE DELETED FROM THE MASTER FILE; TO AMEND SECTION 7-7-910, RELATING TO THE PLACE REGISTERED ELECTORS ARE REQUIRED TO VOTE, SO AS TO PROVIDE THAT THE SECTION IS ALSO SUBJECT TO THE PROVISIONS OF SECTION 7-5-440, AND DELETE THE PROVISIONS WHICH REQUIRE AN ELECTOR TO VOTE AT THE VOTING PLACE NEAREST TO HIS RESIDENCE WITHIN THE WARD OR OTHER SUBDIVISION OF HIS RESIDENCE, AND TO PROVIDE THAT HE MUST VOTE AT HIS DESIGNATED POLLING PLACE; TO AMEND SECTION 7-13-810, RELATING TO THE POWERS OF THE MANAGERS OF ELECTIONS, SO AS TO ADD A PROVISION WHICH WOULD AUTHORIZE ANY CANDIDATE TO PROTEST AN ELECTION IN WHICH HE IS A CANDIDATE PURSUANT TO THE PROVISIONS OF SECTION 7-17-30, WHEN THE PROTEST IS BASED IN WHOLE OR IN PART ON EVIDENCE DISCOVERED AFTER THE ELECTION, AND PROVIDE WHAT THIS EVIDENCE MAY INCLUDE; AND TO AMEND SECTION 7-25-180, RELATING TO THE DISTRIBUTION OF CAMPAIGN LITERATURE ON ELECTION DAY WITHIN TWO HUNDRED FEET OF A BUILDING WHERE A POLLING PLACE IS LOCATED, SO AS TO PROVIDE THAT THE CANDIDATE MAY WEAR A LABEL IDENTIFYING HIMSELF AS A CANDIDATE AND THE OFFICE HE IS SEEKING AND PROVIDE CONDITIONS ON THE WEARING OF THE LABEL.

Ordered for consideration tomorrow.

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

H. 3131 -- Rep. Hodges: A BILL TO REPEAL CHAPTER 19 OF TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONAL SERVICE CONTRACTS AND THE REQUIREMENT THAT THESE CONTRACTS BE INDEXED IN THE OFFICES OF THE REGISTER OF MESNE CONVEYANCES OR THE CLERK OF COURT.

Ordered for consideration tomorrow.

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

H. 3848 -- Rep. Cromer: A BILL TO AMEND SECTION 30-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER IN WHICH MORTGAGE ASSIGNMENTS MUST BE EXECUTED AND PROBATED, SO AS TO REQUIRE THAT ASSIGNMENT OF MORTGAGE FORMS INCLUDE THE NAME AND ADDRESS OF THE MORTGAGOR AND OF THE MORTGAGEE AND THE BOOK, PAGE, AND DATE OF RECORDING OF THE ORIGINAL MORTGAGE.

Ordered for consideration tomorrow.

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

H. 4113 -- Reps. Cotty and Hodges: A BILL TO AMEND SECTION 29-3-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES AND DEEDS OF TRUST, FORECLOSURE, AND APPLICATION FOR ORDER OF APPRAISAL, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT, EXCEPT IN ANY REAL ESTATE FORECLOSURE PROCEEDING RELATING TO A DWELLING PLACE OR TO A CONSUMER CREDIT TRANSACTION, A DEFENDANT AGAINST WHOM A PERSONAL JUDGMENT MAY BE TAKEN ON A REAL ESTATE SECURED TRANSACTION MAY WAIVE THE APPRAISAL RIGHTS IF THE DEBTORS, MAKERS, BORROWERS, AND/OR GUARANTORS ARE NOTIFIED IN WRITING BEFORE THE TRANSACTION THAT A WAIVER OF APPRAISAL RIGHTS WILL BE REQUIRED AND UPON SIGNING A CERTAIN STATEMENT DURING THE TRANSACTION; AND TO AMEND SECTION 29-3-700, RELATING TO MORTGAGES AND DEEDS OF TRUST, FORECLOSURE, AND THE ORDER FOR APPRAISAL, SO AS TO PROVIDE THAT THE APPRAISAL BE CONDUCTED BY THREE DISINTERESTED STATE CERTIFIED GENERAL REAL ESTATE APPRAISERS, RATHER THAN "THREE DISINTERESTED FREEHOLDERS OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED".

Ordered for consideration tomorrow.

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

H. 4159 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-3495 SO AS TO LIMIT THE DISTRIBUTION OF PROFITS DERIVED FROM THE GAME OF BINGO.

Ordered for consideration tomorrow.

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

H. 4354 -- Reps. Robinson, Walker, Allison, D. Smith, Simrill and Kirsh: A BILL TO AMEND SECTION 23-28-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESERVE POLICE OFFICERS' DUTIES, SO AS TO NOT REQUIRE A RESERVE POLICE OFFICER TO BE ACCOMPANIED BY A FULL-TIME CERTIFIED SOUTH CAROLINA POLICE OFFICER, AND TO REQUIRE A RESERVE POLICE OFFICER TO BE IN PROXIMATE CONTACT WITH THE FULL-TIME OFFICER TO WHOM HE IS ASSIGNED.

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 1259 -- Senator Jackson: A CONCURRENT RESOLUTION EXPRESSING THE SINCERE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. LAURA TOLIVER "MOTHER" JEFFERSON OF RICHLAND COUNTY AND EXTENDING DEEPEST SYMPATHY TO MRS. JEFFERSON'S FAMILY AND MANY FRIENDS.

Returned with concurrence.

Received as information.

Remarks by the Chairman of the Judiciary Committee

Senator HOLLAND, Chairman of the Judiciary Committee, with unanimous consent, was recognized to address brief remarks to the body.

PRESIDENT PRESIDES

At 11:47 A.M., the PRESIDENT assumed the Chair.

Remarks by the Chairman of the Rules Committee

Senator McCONNELL, Chairman of the Rules Committee, with unanimous consent, was recognized to address brief remarks to the body.

Committee to Escort

The PRESIDENT appointed Senators DRUMMOND, PEELER, PATTERSON and HAYES to escort the Honorable Daniel A. Ludwig of Minnesota, National Commander of the American Legion, and his party to the rostrum of the House of Representatives for the Joint Assembly.

MOTION ADOPTED

S. 1142 -- Banking and Insurance Committee: A BILL TO AMEND THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT AND TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, TO PROVIDE FOR THE ESTABLISHMENT OF AN UNINSURED MOTORIST FUND; TO PROVIDE THAT THERE SHALL BE AN ASSIGNED RISK PLAN, KNOWN AS THE "SOUTH CAROLINA AUTOMOBILE INSURANCE PLAN"; AMONG OTHER THINGS, (ABBREVIATED TITLE)

Senator McCONNELL asked unanimous consent to make a motion to suspend the provisions of Rule 12 relating to a motion to reconsider within the next two statewide legislative days for the specific purpose of allowing Senator LAND to make a motion to reconsider tomorrow.

There was no objection.

RECESS

At 11:59 A.M., on motion of Senator DRUMMOND, the Senate receded from business for the purpose of attending the Joint Assembly.

JOINT ASSEMBLY
Address by the National Commander of the American Legion

At 12:00 Noon, the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of the following Concurrent Resolution adopted by both Houses:

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.

The Honorable Daniel A. Ludwig, National Commander of the American Legion, and members of his party were escorted to the rostrum by Senators DRUMMOND, PEELER, PATTERSON and HAYES and Representatives J. Hines, Hutson, Knotts and Rhoad.

The PRESIDENT of the Senate introduced the Honorable Daniel A. Ludwig, National Commander of the American Legion.

Commander Ludwig addressed the Joint Assembly.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

At 12:35 P.M., the Senate reconvened.

LOCAL APPOINTMENTS
Confirmations

Having received a favorable report from the Edgefield County Delegation, the following appointments were confirmed in open session:

Reappointments, Edgefield County Board of Voter Registration, with terms to commence March 15, 1996, and to expire March 15, 1998:

Ms. Ruth S. Day, Post Office Box 6, Trenton, S.C. 29847

Ms. Mary Ellen C. Painter, Post Office Box 442, Edgefield, S.C. 29824

Ms. Marie D. Adams, 210 Gary Hill Road, Edgefield, S.C. 29824

Ms. Elizabeth J. Greene, 588 Norris Street, Edgefield, S.C. 29824

Ms. Ophelia M. McCain, 1601 Edgefield Road, North Augusta, S.C. 29841

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

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

Ms. Nancy E. Davis, 21 Winton Street, Barnwell, S.C. 29812

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

Initial Appointment, Chester County Board of Voter Registration, with term to commence March 15, 1996, and to expire March 15, 1998:

At-Large:

Mr. Tommy Lee Davis, Post Office Box 1016, Chester, S.C. 29706 VICE Ernest L. Atkinson (deceased)

MOTION ADOPTED

On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Stan Lott of Rock Hill, S.C.

ADJOURNMENT

At 12:36 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

Recorded Vote

Senators McCONNELL and GIESE desired to be recorded as voting against the motion to adjourn.

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