Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

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

Beloved, hear words recorded in the First Epistle of St. John, Chapter 5 (v. 14) (NRSV):

"And this is the boldness we have in

Him, that if we ask anything according

to His will, He hears us."
Let us pray.

Our Father, sometimes we are embarrassed with ourselves, and perhaps a little shocked, when we realize what kind of prayers we pray.

Forgive us if we sound as if we are frivolously begging, approaching selfish greed.

Help us to remember St. John's qualification:

"if we ask anything according

to His will, He hears us."

As we continue our deliberations, may we sublimate even the words of Socrates when he said:

"May we count the wise man only rich.

And may our store of gold be such

as none but the good can bear."

We do pray in the name of Him Who said: "Pray... give us this day our daily bread."

Amen.

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

Senator SETZLER moved that a Call of the Senate be made.

It was ascertained that a quorum was not present.

At 11:10 A.M., on motion of Senator BRYAN, the Senate receded from business subject to the Call of the Chair.

At 11:12 A.M., the Senate resumed.

Senator SETZLER moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Boan                      Bryan
Cork                      Courson                   Courtney
Drummond                  Fair                      Ford
Giese                     Gregory                   Hayes
Holland                   Jackson                   Land
Lander                    Leventis                  Martin
McConnell                 McGill                    Mescher
Moore                     Passailaigue              Patterson
Peeler                    Rankin                    Richter
Rose                      Ryberg                    Saleeby
Setzler                   Smith, G.                 Waldrep
Washington                Wilson                    

A quorum being present, the Senate resumed.

Senators GLOVER, MATTHEWS, LEATHERMAN, RUSSELL, REESE and THOMAS recorded their presence subsequent to the Call of the Senate.

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

The following was received:

Document No. 1907
Promulgated by Department of Labor, Licensing, and Regulation
State Athletic Commission
Combative Sports
Received by Lt. Governor February 1, 1996
Referred to Senate General Committee
120 day review period expiration date May 31, 1996
Withdrawn and resubmitted March 26, 1996

Senator ROSE introduced Dr. Dan Break of Charleston, S.C., Doctor of the Day.

At 11:25 A.M., Senator PATTERSON requested a leave of absence for the balance of the day.

At 11:25 A.M., Senator DRUMMOND requested a leave of absence from 11:30 A.M. - 1:30 P.M.

Columbia, S.C., March 20, 1996

Mr. President and Senators:

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

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.
Very respectfully,
Speaker of the House

On motion of Senator HOLLAND, the Senate insisted upon its amendments to H. 3300 and asked for a Committee of Conference.

Whereupon, the PRESIDENT appointed Senators McCONNELL, COURTNEY and RANKIN of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Columbia, S.C., March 27, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R. 259, S. 804 by a vote of 0 to 5:

(R259) S. 804 -- Senators Rose, McConnell and Mescher: AN ACT 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.
Very respectfully,
Speaker of the House

Received as information.

S. 421 -- Senator Rose: A BILL TO AMEND SECTIONS 4-20-20 AND 4-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMUNITY RECREATION SPECIAL TAX DISTRICT ACT OF 1994, SO AS TO PROVIDE THAT THE REFERENDUM TO CREATE A DISTRICT MAY BE HELD EITHER AT THE TIME OF THE GENERAL ELECTION OR IN A SPECIAL ELECTION AS DETERMINED BY THE COUNTY COUNCIL AND THAT THE COUNTY COUNCIL SHALL APPOINT MEMBERS TO THE COMMISSION IN ACCORDANCE WITH ANY AGREEMENT EXISTING BETWEEN SUCH COUNTY AND A MUNICIPALITY.

The House returned the Bill with amendments.

Senator ROSE explained the House amendment.

Senator ROSE proposed the following amendment (421R004.MTR), which was adopted:

Amend the bill, as and if amended, by striking SECTION 3 in its entirety and inserting in lieu thereof the following:

/SECTION   3.   Section 4-20-70 of the 1976 Code, as added by Act 425 of 1994, is amended to read:

"Section 4-20-70.   (A) A community recreation special tax district may be abolished or its boundaries decreased in the same manner as provided in this chapter for its creation.

(B)(1) County council may by ordinance increase the The boundaries of a community recreation special tax district may be increased:

(a) by ordinance of the county council upon filing with the council of a petition so requesting signed by at least fifteen percent of the qualified electors residing in the area proposed to be added to the district; or

(b) in the same manner provided in Section 4-20-20 for creation of a community recreation special tax district, except that no new petition is required to be submitted if a petition was submitted pursuant to subitem (a) of this item and that petition also complies with Section 4-20-20.

(2) An area proposed to be added to a community recreation special tax district must be contiguous to the existing boundaries of the current community recreation special tax district.

(C) No such increase or decrease of boundaries of a district which after the increase or decrease will include any area within an incorporated municipality shall be effective unless the municipal governing body has by formal action concurred in the increase or decrease and provided written notice of its concurrence to the county council.

(D) Notwithstanding any provision of law to the contrary, if county council determines to provide for a countywide recreation program to be financed by a countywide tax or user service charge, or both, then county council by ordinance and with the consent of the governing body of each municipality in the county may abolish a community recreation special tax district."

Amend the bill further, as and if amended, page 3, by striking line 6 and inserting in lieu thereof the following:

/limitations on repayment of general obligation or revenue bonds."/

Amend title to conform.

Senator ROSE explained the amendment.

There being no further amendments, the Bill was amended and ordered returned to the House with amendments.

The following were introduced:

S. 1296 -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1535 SO AS TO PROVIDE THAT ALL LAW ENFORCEMENT AGENCIES SHALL PROVIDE CRIME VICTIMS WITH A COPY OF THE CRIME INCIDENT REPORT RELATING TO THEIR CASE AND CERTAIN OTHER INFORMATION; TO ADD SECTION 16-3-1537 SO AS TO REQUIRE A CRIMINAL SENTENCING JUDGE TO APPLY AMOUNTS FORFEITED TO THE COURT BY A PERSON PURSUANT TO SECTION 17-15-90 TOWARD THE PAYMENT OF RESTITUTION THE COURT ORDERS THE PERSON TO PAY; TO ADD SECTION 17-1-18 SO AS TO REQUIRE THE STATE SUPREME COURT TO PROMULGATE RULES TO ALLOW AN APPEAL OF CERTAIN COURT ORDERS IF A VICTIM IMPACT STATEMENT WAS NOT CONSIDERED BY THE COURT OR IF A REASONABLE AMOUNT OF RESTITUTION WAS NOT ORDERED; TO ADD SECTION 24-21-490 SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES SHALL COLLECT AND DISTRIBUTE RESTITUTION, THE PROCEDURE FOR COLLECTING AND DISTRIBUTING RESTITUTION, THE MAINTENANCE OF A MINIMUM NUMBER OF RESTITUTION BEDS AND PUBLISHING OF AN ANNUAL REPORT CONCERNING THE STATE'S EFFORTS TO COLLECT RESTITUTION AND OTHER FEES; TO AMEND SECTION 16-3-1110, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN CERTAIN PROVISIONS REGARDING THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE A DEFINITION OF "RESTITUTION"; AND TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO PROVIDE THE AMOUNT OF RESTITUTION A JUDGE MUST ORDER AN OFFENDER TO PAY.

Read the first time and referred to the Committee on Corrections and Penology.

S. 1297 -- Senator Gregory: A BILL TO AMEND SECTION 50-21-850, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FLOTATION EQUIPMENT USED FOR WATER SPORTS, SO AS TO INCLUDE A WETSUIT AS A FLOTATION DEVICE FOR WATER SKIING OR SURFBOARDING.

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

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

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

S. 1299 -- Senator Thomas: A BILL TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR FAMILY COURTS, BY ADDING SUBARTICLE 8 TO ENACT THE YOUTH MENTOR PROGRAM ACT SO AS TO ESTABLISH THE YOUTH MENTOR PROGRAM IN THE OFFICE OF THE ATTORNEY GENERAL TO PROVIDE A PRETRIAL DIVERSION CHURCH MENTOR PROGRAM AND A COMMUNITY MENTOR PROGRAM AS AN ALTERNATIVE TO COMMITMENT FOR JUVENILES ADJUDICATED DELINQUENT; AND TO AMEND SECTION 20-7-1330, AS AMENDED, RELATING TO THE DISPOSITIONAL POWERS OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER PARTICIPATION IN A YOUTH MENTOR PROGRAM AS A CONDITION OF PAROLE.

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

S. 1300 -- Senator Land: A BILL TO AMEND SECTION 40-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE SOUTH CAROLINA BOARD OF CHIROPRACTIC EXAMINERS, SO AS TO PROVIDE THAT A NATIONAL BOARD PRACTICAL EXAMINATION MUST BE USED IN LIEU OF THE SOUTH CAROLINA PRACTICAL EXAMINATION BEGINNING JANUARY 1, 1997, AND TO REQUIRE APPLICANTS TO TAKE A WRITTEN EXAMINATION ON SOUTH CAROLINA LAW AND REGULATIONS.

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

S. 1301 -- Senator Land: A BILL TO AMEND SECTION 56-5-2570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARKING OF AN UNATTENDED MOTOR VEHICLE, SO AS TO PROVIDE FOR AN EXCEPTION FOR WHEELCHAIRS; TO AMEND SECTION 56-5-2770, RELATING TO SIGNALS AND MARKINGS ON SCHOOL BUSES AND MEETING AND PASSING SCHOOL BUSES, SO AS TO CLARIFY CERTAIN REFERENCES IN THE SECTION, AND FURTHER PROVIDE FOR WHEN A DRIVER OF A SCHOOL BUS NEED NOT STOP; TO AMEND SECTION 56-5-4700, RELATING TO REQUIRED EQUIPMENT FOR EMERGENCY VEHICLES AND SCHOOL BUSES, SO AS TO FURTHER PROVIDE FOR THIS REQUIRED EQUIPMENT AND ITS USE; TO AMEND SECTION 59-67-10, RELATING TO THE DEFINITION OF A SCHOOL BUS, SO AS TO REVISE THIS DEFINITION; TO AMEND SECTION 59-67-20, AS AMENDED, RELATING TO REGULATIONS OF THE STATE BOARD OF EDUCATION GOVERNING DESIGN AND OPERATION OF SCHOOL BUSES, SO AS TO CHANGE A REFERENCE FROM THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF EDUCATION; TO AMEND SECTION 59-67-30, RELATING TO PAINTINGS AND MARKINGS OF SCHOOL BUSES, SO AS TO REQUIRE THESE MARKINGS TO CONFORM TO SPECIFIED NATIONAL STANDARDS; TO AMEND SECTION 59-67-50, RELATING TO REMOVAL OF IDENTIFICATION MARKS FROM FORMER SCHOOL BUSES, SO AS TO INCREASE PENALTIES FOR VIOLATION; TO AMEND SECTION 59-67-60, RELATING TO REQUIRED REPAINTING OF FORMER SCHOOL BUSES IN A COLOR DIFFERENT THAN YELLOW, SO AS TO INCREASE PENALTIES FOR VIOLATION; TO AMEND SECTION 59-67-80, RELATING TO WIPERS, BRAKES, LIGHTS, AND OTHER EQUIPMENT ON SCHOOL BUSES, SO AS TO FURTHER PROVIDE FOR THIS EQUIPMENT; TO AMEND SECTION 59-67-100, RELATING TO SEATING SPACE ON SCHOOL BUSES, SO AS TO FURTHER PROVIDE FOR THESE SPACE REQUIREMENTS; TO AMEND SECTION 59-67-110, RELATING TO EXITS ON SCHOOL BUSES, SO AS TO PROVIDE THAT EMERGENCY EXITS MUST BE IN COMPLIANCE WITH SPECIFIED NATIONAL STANDARDS; TO AMEND SECTION 59-67-150, RELATING TO QUALIFICATIONS OF SCHOOL BUS DRIVERS AND PROHIBITED ACTS ON BUSES, SO AS TO FURTHER PROVIDE FOR THESE QUALIFICATIONS AND TO SPECIFY THE PERSONS TO WHOM THIS PROHIBITION APPLIES AND WHERE IT APPLIES; TO AMEND SECTION 59-67-190, RELATING TO THE PROHIBITION AGAINST A SCHOOL BUS DRIVER LEAVING THE BUS WHILE THE ENGINE IS RUNNING, SO AS TO PROVIDE AN EXCEPTION FOR ASSISTING PERSONS WITH DISABILITIES OR IN EMERGENCIES; TO AMEND SECTION 59-67-200, RELATING TO THE REQUIREMENT OF A COMPLETE STOP TO DISCHARGE PASSENGERS, SO AS TO STIPULATE THE REQUIREMENTS FOR A COMPLETE STOP AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 59-67-210, RELATING TO THE PROHIBITION AGAINST ONE SCHOOL BUS PASSING ANOTHER, SO AS TO PERMIT SUCH PASSING ON MULTIPLE-LANE ROADS, TO AMEND SECTION 59-67-220, RELATING TO THE PROHIBITION AGAINST FILLING THE GASOLINE TANK OF A SCHOOL BUS WHILE THE ENGINE IS RUNNING, SO AS TO CHANGE THE REFERENCE FROM GASOLINE TO FUEL; TO AMEND SECTION 59-67-230, RELATING TO THE REQUIREMENT THAT A SCHOOL BUS STOP BEFORE CROSSING RAILROAD TRACKS, SO AS TO STIPULATE CERTAIN SITUATIONS WHEN THE SECTION DOES NOT APPLY; TO AMEND SECTION 59-67-240, RELATING TO DISCIPLINARY DUTIES OF SCHOOL BUS DRIVERS, SO AS TO FURTHER PROVIDE FOR THE ADOPTION OF DISCIPLINARY PROCEDURES; TO AMEND SECTION 59-67-245, RELATING TO INTERFERENCE WITH THE OPERATION OF SCHOOL BUSES, SO AS TO PROVIDE A CRIMINAL PENALTY FOR VIOLATIONS; TO AMEND SECTION 59-67-270, RELATING TO INSPECTION OF SCHOOL BUSES, SO AS TO AUTHORIZE THE STATE DEPARTMENT OF EDUCATION AS WELL AS THE HIGHWAY PATROL TO INSPECT BUSES; TO AMEND SECTION 59-67-280, RELATING TO PENALTIES FOR VIOLATING CERTAIN SCHOOL BUS PROVISIONS, SO AS TO INCREASE SUCH PENALTIES; TO AMEND SECTION 59-67-290, RELATING TO NEGLIGENCE OF SCHOOL BUS DRIVERS NOT BEING IMPUTABLE TO PASSENGERS, SO AS TO REQUIRE SUCH DRIVERS TO COMPLY WITH ALL DEPARTMENT OF EDUCATION REGULATIONS; TO AMEND SECTION 59-67-410, RELATING TO CONTROL BY THE STATE BOARD OF EDUCATION OF SCHOOL BUS TRANSPORTATION, SO AS TO DELEGATE TO THE DEPARTMENT OF EDUCATION THE POLICY AUTHORITY OVER SCHOOL BUS TRANSPORTATION; TO AMEND SECTION 59-67-420, AS AMENDED, RELATING TO THE EXTENT OF SCHOOL TRANSPORTATION PROVIDED, SO AS TO REVISE THESE TRANSPORTATION OBLIGATIONS THE STATE ASSUMES AND TO REVISE OTHER PROVISIONS RELATING TO TRANSPORTATION OF CHILDREN INCLUDING MAXIMUM TIME LIMITS ON SCHOOL BUS RIDES; TO AMEND SECTION 59-67-425, RELATING TO TRANSPORTATION OF CHILDREN ATTENDING KINDERGARTEN, SO AS TO FURTHER PROVIDE FOR THE CHILDREN WHO MAY BE TRANSPORTED AND CONDITIONS TO WHICH AND UNDER WHICH THIS SECTION APPLIES; TO AMEND SECTION 59-67-460, RELATING TO CONTRACTS FOR TRANSPORTATION SERVICES WITH PRIVATE PERSONS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE CONTRACTS MAY BE ISSUED AND THE COSTS OF SUCH TRANSPORTATION; TO AMEND SECTION 59-67-470, RELATING TO THE SELECTION, ELIGIBILITY, AND TRAINING OF SCHOOL BUS DRIVERS, SO AS TO FURTHER PROVIDE FOR THIS SELECTION, ELIGIBILITY, AND TRAINING AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THE SECTION; TO AMEND SECTION 59-67-480, RELATING TO SALARIES OF SCHOOL BUS DRIVERS, SO AS TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL ESTABLISH A SALARY SCHEDULE FOR SCHOOL BUS DRIVERS; TO AMEND SECTION 59-67-490, RELATING TO SCHOOL BUS ROUTES OF STATE-OWNED BUSES, SO AS TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL APPROVE THE ROUTES; TO AMEND SECTION 59-67-500, RELATING TO SCHOOL BUS ROUTES OF LOCALLY-OWNED BUSES, SO AS TO CHANGE A REFERENCE FROM THE STATE BOARD OF EDUCATION TO THE STATE DEPARTMENT OF EDUCATION; TO AMEND SECTION 59-67-510, RELATING TO THE USE OF TRANSPORTATION EQUIPMENT FOR SPECIAL EVENTS, SO AS TO CLARIFY AND REVISE CERTAIN TERMS AND REFERENCES; TO AMEND SECTION 59-67-520, RELATING TO TRANSPORTATION OF HANDICAPPED STUDENTS, SO AS TO CHANGE REFERENCES FROM HANDICAPPED PERSONS TO PERSONS WITH DISABILITIES; TO AMEND SECTION 59-67-535, RELATING TO USE OF BOATS OPERATED BY THE DEPARTMENT OF EDUCATION TO TRANSPORT BLIND, ELDERLY, OR DISABLED PERSONS, SO AS TO CLARIFY REFERENCES THEREIN AND THE MANNER IN WHICH SUCH BOATS MAY BE USED FOR THESE PURPOSES; TO AMEND SECTION 59-67-540, AS AMENDED, RELATING TO MAINTENANCE OF STATE-OWNED BUSES, SO AS TO FURTHER PROVIDE FOR THIS MAINTENANCE TO BE THE RESPONSIBILITY OF THE STATE DEPARTMENT OF EDUCATION; TO AMEND SECTION 59-67-550, RELATING TO INSTALLMENT PURCHASES OF SCHOOL BUS MAINTENANCE SHOPS, SO AS TO TRANSFER RESPONSIBILITIES UNDER THE SECTION FROM THE STATE BOARD OF EDUCATION TO THE STATE DEPARTMENT OF EDUCATION; TO AMEND SECTION 59-67-570, AS AMENDED, RELATING TO STATE BOARD OF EDUCATION REGULATIONS PERTAINING TO SCHOOL TRANSPORTATION, SO AS TO DELETE CERTAIN REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 59-67-720, RELATING TO INSURANCE PREMIUMS ON STATE-OWNED SCHOOL BUSES, SO AS TO CHANGE A REFERENCE FROM THE STATE BOARD OF EDUCATION TO THE STATE DEPARTMENT OF EDUCATION; AND TO REPEAL SECTIONS 59-67-70, 59-67-90, 59-67-120, 59-67-250, 59-67-260, 59-67-440, 59-67-450, AND 59-67-530 RELATING TO SCHOOL BUSES AND TRANSPORTATION.

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

S. 1302 -- Senator Peeler: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND MANY FRIENDS OF ROBERT "BOB" PARRIS OF CHEROKEE COUNTY, A PROMINENT CIVIC LEADER AND DEVOTED PUBLIC SERVANT, UPON HIS DEATH.

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

H. 4816 -- Reps. Cave and Rhoad: A CONCURRENT RESOLUTION COMMENDING MR. RICHARD LINTON HUGGINS, SR., OF BARNWELL COUNTY FOR HIS MANY YEARS OF SERVICE TO THE FIELD OF PUBLIC EDUCATION ON THE OCCASION OF HIS RETIREMENT AS SUPERINTENDENT OF BARNWELL COUNTY SCHOOL DISTRICT NUMBER 19 AND TO WISH HIM AND HIS FAMILY WELL IN ALL THEIR FUTURE ENDEAVORS.

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

H. 4817 -- Reps. Stuart, Knotts, Wright, Spearman, Riser and Gamble: A CONCURRENT RESOLUTION CONGRATULATING SWANSEA HIGH SCHOOL OF LEXINGTON COUNTY ON THE SCHOOL'S VOCATIONAL EDUCATION PROGRAM BEING NAMED THE BEST IN THE SOUTHEAST BY THE UNITED STATES DEPARTMENT OF EDUCATION.

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

H. 4820 -- Reps. Tucker, P. Harris, Townsend, Stille, Chamblee and Cooper: A CONCURRENT RESOLUTION COMMENDING AND THANKING LILY-ROLAND HALL OF ANDERSON FOR HER OUTSTANDING AND EXEMPLARY SERVICE TO THE PEOPLE OF SOUTH CAROLINA AS A MEMBER OF THE BOARD OF TRUSTEES OF THE UNIVERSITY OF SOUTH CAROLINA IN COLUMBIA.

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

H. 4821 -- Rep. Delleney: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 10, 1996, AS THE TIME FOR ELECTING A SUCCESSOR TO FILL THE OFFICE OF A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 7, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1999.

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

That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, April 10, 1996, at 12:00 Noon to elect a successor to the Honorable Curtis G. Shaw, Judge of the Court of Appeals, whose unexpired term expires June 30, 1999.

Be it further resolved that all nominations must be made by the Chairman of the Joint Legislative Committee for Judicial Screening and that no further nominating or seconding speeches be made by members of the General Assembly on behalf of any candidate.

Referred to the Committee on Invitations.

H. 4832 -- Rep. Tucker: A CONCURRENT RESOLUTION TO CONGRATULATE JOEL A. SMITH III, OF COLUMBIA, PRESIDENT OF NATIONSBANK, N.A. (CAROLINAS), UPON BEING NAMED 1996 AMBASSADOR OF THE YEAR BY THE GREATER COLUMBIA CHAMBER OF COMMERCE.

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

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

S. 1187 -- Senator Passailaigue: A BILL TO AMEND SECTION 13-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO PROVIDE THAT THE AUTHORITY ALSO MAY BE KNOWN AS "THE SCRA"; AND TO AMEND THE 1976 CODE BY ADDING SECTION 13-17-180 SO AS TO ALLOW THE SOUTH CAROLINA RESEARCH AUTHORITY TO ESTABLISH NOT-FOR-PROFIT CORPORATIONS, AND PROVIDE FOR THE POWERS OF THESE CORPORATIONS.

Ordered for consideration tomorrow.

Senator MOORE from the Committee on Judiciary submitted a majority favorable with amendment and Senator FORD a minority unfavorable report on:

S. 1188 -- Senators Holland, Moore, Elliott, Passailaigue, Setzler, Drummond and Mescher: A JOINT RESOLUTION PROPOSING AMENDMENTS TO ARTICLE III, SECTION 7 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE QUALIFICATIONS OF SENATORS AND MEMBERS OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT EFFECTIVE IMMEDIATELY UPON THE RATIFICATION INTO LAW OF THIS PROVISION, NO PERSON WHO IS IN THE LAST YEAR OF A SIXTH CONSECUTIVE TERM AS A MEMBER OF THE HOUSE OF REPRESENTATIVES, OR WHO IS IN THE LAST YEAR OF A THIRD CONSECUTIVE TERM AS A MEMBER OF THE SENATE, OR WHO HAS SERVED TWELVE CONSECUTIVE YEARS IN THE GENERAL ASSEMBLY EITHER AS A MEMBER OF THE SENATE OR HOUSE OF REPRESENTATIVES OR A COMBINATION THEREOF SHALL BE ELIGIBLE FOR A SEAT IN THE GENERAL ASSEMBLY, AND TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM BEING REQUIRED TO VACATE HIS SEAT DURING A TERM FOR WHICH HE WAS ELECTED; TO ARTICLE III, SECTION 9 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE SENATE AND THE HOUSE OF REPRESENTATIVES SHALL BY RULE PROVIDE THAT DURING THE TIME PERIOD BEGINNING WITH THE CONVENING OF THE GENERAL ASSEMBLY UNTIL THE SECOND TUESDAY IN FEBRUARY OF EACH YEAR, THE CONSIDERATION OF BILLS SHALL BE LIMITED TO STATEWIDE BILLS WHICH HAVE THE CONSENT OF THE ENTIRE BODY AND NON-STATEWIDE BILLS WHICH HAVE THE CONSENT OF THE AFFECTED DELEGATION; TO REQUIRE THAT THE RULES SHALL PROVIDE THAT UNTIL THE SECOND TUESDAY IN FEBRUARY, EACH BODY SHALL HAVE NOT LESS THAN THREE STATEWIDE SESSION DAYS EACH WEEK, FOR THE PASSAGE OF CONSENT LEGISLATION, UNTIL THE RESPECTIVE HOUSES RESUME THE CONSIDERATION OF ALL LEGISLATION AS PROVIDED IN THE RULES OF THE BODY; AND TO FURTHER PROVIDE THAT NOT MORE THAN THREE WEEKS FOLLOWING THE CERTIFICATION OF THE GENERAL ELECTION OF MEMBERS, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE SHALL CONVENE THEIR RESPECTIVE BODIES FOR NOT MORE THAN THREE DAYS FOR THE PURPOSE OF THE SELECTION OF COMMITTEES, THE ELECTION OF OFFICERS, AND SUCH OTHER BUSINESS AS MAY BE NECESSARY FOR THE ORGANIZATION OF THE RESPECTIVE HOUSES; TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTIONS 15A AND 15B, SO AS TO REQUIRE THE HOUSE AND SENATE TO GIVE CONCURRENT CONSIDERATION TO THE ANNUAL GENERAL APPROPRIATION BILL AND TO PROVIDE THAT AN APPROPRIATION BILL ENACTED UNDER THESE PROVISIONS WILL MEET THE CONSTITUTIONAL REQUIREMENT OF ARTICLE III, SECTION 18, PERTAINING TO THE READING OF BILLS AND JOINT RESOLUTIONS ON THREE SEPARATE DAYS IN EACH HOUSE; TO ARTICLE III, SECTION 20 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ELECTIONS BY THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT FOR ELECTIONS VOTED ON BY THE GENERAL ASSEMBLY IN JOINT SESSION, NO CANDIDATE MAY BE ELECTED UNLESS APPROVED BY A MAJORITY VOTE OF THE SENATE AND A MAJORITY VOTE OF THE HOUSE; AND TO AMEND ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 15, SO AS TO PERMIT THE ENACTMENT OF LAWS BY INITIATIVE PETITION.

Ordered for consideration tomorrow.

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

H. 3961 -- Reps. Wilkins, Harrison, D. Smith, Huff, Cromer, Fulmer, Wells, Meacham, Cotty, Witherspoon, Wright, Tripp, H. Brown, Sharpe, Sandifer, Cain, Fair, Rice, Fleming, Mason, A. Young, Kelley, Herdklotz, Seithel, Riser, Haskins, Simrill, Keegan, Trotter, Hutson, R. Smith, Marchbanks, Harrell, Stuart, Klauber, Waldrop and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO CREATE THE JUDICIAL MERIT SELECTION COMMISSION AND TO ESTABLISH ITS POWERS, DUTIES, AND FUNCTIONS; TO AMEND SECTIONS 1-23-510, 1-23-520, 1-23-525, 1-23-530, AND 1-23-550, RELATING TO JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE JUDGES MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE JUDICIAL MERIT SELECTION COMMISSION; 2-19-10, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO REVIEW CANDIDATES, SO AS TO DELETE PROVISIONS ON ELECTING THE MEMBERS OF THE JUDICIARY; 14-1-215, AS AMENDED, RELATING TO RETIRED JUDGES OR JUSTICES PRESIDING IN CERTAIN COURTS, SO AS TO FURTHER PROVIDE FOR THE MANNER AND CONDITIONS OF THIS SERVICE; 14-3-10, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO PROVIDE THAT THE JUSTICES THEREOF SHALL BE APPOINTED BY THE GOVERNOR IN THE MANNER PROVIDED ABOVE INSTEAD OF ELECTED BY THE GENERAL ASSEMBLY; 14-3-20, RELATING TO THE QUALIFICATIONS OF JUSTICES TO THE SUPREME COURT, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR INSTEAD OF ELECTION BY THE GENERAL ASSEMBLY; 14-3-40, RELATING TO THE VACANCIES IN THE SUPREME COURT, SO AS TO PROVIDE FOR APPOINTMENTS TO FILL A VACANCY; 14-5 110, RELATING TO THE QUALIFICATIONS OF CIRCUIT COURT JUDGES, SO AS TO REFER TO THEIR APPOINTMENT RATHER THAN THEIR ELECTION; 14-5-160, RELATING TO THE ASSIGNMENT OF A JUDGE TO FILL A VACANCY, SO AS TO PROVIDE THE PROCEDURE TO FILL A VACANCY; 14-5-610, AS AMENDED, RELATING TO JUDICIAL CIRCUITS AND ELECTION OF JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-20, RELATING TO THE ELECTION OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-30, RELATING TO THE QUALIFICATIONS OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; 14-8-40, RELATING TO THE OATH OF OFFICE OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-60, RELATING TO THE VACANCIES ON THE COURT OF APPEALS, SO AS TO PROVIDE FOR THE PROCEDURE TO FILL A VACANCY; 20-7-1370, AS AMENDED, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 20-7-1410, RELATING TO THE INITIAL ELECTION OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; TO REPEAL SECTIONS 2-19-70 AND 2-19-80, RELATING TO THE PROHIBITION AGAINST PLEDGING AND REOPENING OF FILING WHERE INCUMBENT JUDGES WITHDRAW, DIE, OR ARE FOUND NOT QUALIFIED, RESPECTIVELY; AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE ESTABLISHING THE JUDICIAL MERIT SELECTION COMMISSION TO ASSIST THE GOVERNOR IN APPOINTING JUDGES FOR THE ABOVE-REFERENCED COURTS.

Ordered for consideration tomorrow.

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

H. 3962 -- Reps. Wilkins, Harrison, D. Smith, Huff, Wells, Witherspoon, H. Brown, Sharpe, Meacham, Fulmer, Fleming, Mason, Wright, A. Young, Keegan, Cain, Tripp, Rice, Riser, Herdklotz, Seithel, Kelley, Trotter, Haskins, Simrill, Hutson, Wofford, Marchbanks, Cotty, Fair, R. Smith, Harrell, Stuart, Klauber, Walker and Sandifer: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SUPREME COURT; SECTION 8, ARTICLE V, RELATING TO THE COURT OF APPEALS; SECTION 13, ARTICLE V, RELATING TO THE JUDICIAL CIRCUITS AND THE COURTS THEREOF; SECTION 17, ARTICLE V, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES OF THE UNIFIED COURT SYSTEM; AND SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, AND THE CIRCUIT COURT, SO AS TO PROVIDE THAT JUDGES OF THESE COURTS MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION; AND TO AMEND ARTICLE V OF THE CONSTITUTION OF THIS STATE RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO ESTABLISH THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION TO NOMINATE CANDIDATES FOR THE ABOVE JUDICIAL OFFICES AND FOR JUDGES OF OTHER COURTS OF UNIFORM JURISDICTION AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.

Ordered for consideration tomorrow.

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

H. 4369 -- Reps. Cato, Kirsh, Riser, Vaughn and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-39-40 SO AS TO PROVIDE FOR THE VOLUNTARY WITHHOLDING OF STATE AND FEDERAL INCOME TAXES FROM UNEMPLOYMENT COMPENSATION.

Ordered for consideration tomorrow.

S. 1287 -- Senators Cork and Washington: A CONCURRENT RESOLUTION TO CONGRATULATE MR. LARRY HINES OF PORT ROYAL, SOUTH CAROLINA, UPON RECEIVING THE 1995 SOUTH CAROLINA HOSPITALITY EMPLOYEE OF THE YEAR AWARD.

Returned with concurrence.

Received as information.

S. 1291 -- Senators Ryberg and Moore: A CONCURRENT RESOLUTION TO DECLARE TUESDAY, APRIL 2, 1996, AS GERMAN-AMERICAN FRIENDSHIP DAY AND TO EXTEND OUR BEST WISHES AND HOPES FOR A SUCCESSFUL VISIT TO OUR FRIENDS FROM GERMANY PARTICIPATING IN THE GERMAN-AMERICAN PARTNERSHIP PROGRAM AT AIKEN AND SOUTH AIKEN HIGH SCHOOLS.

Returned with concurrence.

Received as information.

S. 1292 -- Senator Drummond: A CONCURRENT RESOLUTION CONGRATULATING THE LADY EAGLES OF GREENWOOD HIGH SCHOOL ON WINNING THE CLASS AAAA STATE BASKETBALL CHAMPIONSHIP FOR 1996.

Returned with concurrence.

Received as information.

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

The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 3870 -- Rep. Walker: A BILL TO AMEND SECTION 38-71-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES AND PROVISIONS LIMITING COVERAGE FOR PREEXISTING CONDITIONS, SO AS TO PROVIDE THAT POLICIES OF DISABILITY INCOME INSURANCE MAY EXCLUDE COVERAGE FOR DISABILITIES BEGINNING DURING THE FIRST TWENTY-FOUR MONTHS AFTER THE EFFECTIVE DATE OF COVERAGE WHICH RESULT FROM A PREEXISTING CONDITION.

H. 3871 -- Reps. Limehouse, Harrell, Bailey, Seithel, Herdklotz, Cain, Sandifer, Hines, Fleming, Huff, Clyburn, Richardson, Keyserling, Fair, Tripp, Rice, R. Smith, Allison, Wells, Riser, Kirsh, Simrill, Wright and Knotts: A BILL TO AMEND SECTION 56-5-2510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STOPPING, STANDING, OR PARKING OUTSIDE OF A BUSINESS OR RESIDENTIAL DISTRICT, SO AS TO PERMIT A VEHICLE USED SOLELY FOR COLLECTING MUNICIPAL SOLID WASTE OR RECOVERED MATERIALS TO STOP OR STAND ON A ROAD, STREET, OR HIGHWAY TO COLLECT SOLID WASTE OR RECOVERED MATERIALS.

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

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.

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

S. 1092 -- Senator Moore: A BILL TO AMEND SECTION 23-35-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES CONCERNING THE SALE OR STORAGE OF FIREWORKS, SO AS TO AUTHORIZE A CIVIL PENALTY FOR VIOLATIONS OF CHAPTER 35 OF TITLE 23.

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

There was no objection.

S. 200 -- Senators Wilson, Bryan, Courson, Hayes, Thomas, Giese, Russell, O'Dell, Gregory, McConnell, Mescher, Rose, Martin, Lander, Waldrep, Elliott and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-460 SO AS TO PROVIDE FOR PUBLIC SCHOOL STUDENTS TO BE EXCUSED FROM CLASS TO ATTEND OFF-CAMPUS RELIGIOUS INSTRUCTION, TO PROVIDE FOR THE REQUIREMENTS THAT MUST BE MET BEFORE STUDENTS MAY BE EXCUSED FOR THIS PURPOSE, TO PROVIDE THAT STUDENTS ATTENDING THIS INSTRUCTION ARE NOT CONSIDERED ABSENT FROM SCHOOL, AND TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT SHALL DEVELOP A POLICY THAT PROVIDES REASONABLE PARAMETERS FOR THE RELEASE TIME AUTHORIZED.

S. 1210 -- Senators Jackson, Holland, Drummond, Land, Matthews and Glover: A BILL TO AMEND SECTION 7-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO DELETE THE PROVISION WHICH REQUIRES THE EXECUTIVE DIRECTOR TO DELETE THE NAME OF ANY ELECTOR WHO HAS FAILED TO VOTE IN EACH OF TWO CONSECUTIVE STATEWIDE GENERAL ELECTIONS AND ALSO FAILED TO VOTE IN ANY OTHER ELECTION WHICH MIGHT HAVE BEEN HELD IN THE PRECINCT IN WHICH HE IS REGISTERED WITHIN THE PERIOD OF TIME INTERVENING BETWEEN THE TWO GENERAL ELECTIONS; AND TO AMEND SECTION 7-3-30 RELATING TO THE NOTICE OF DELETION OF AN ELECTOR'S NAME FROM THE ROSTER OF ELECTORS, SO AS TO DELETE THE PROVISION REQUIRING THE COUNTY BOARD OF VOTER REGISTRATION, UPON APPEAL OF THE VOTER, TO RESTORE THE NAME OF A PERSON WHOSE NAME WAS DELETED SOLELY BECAUSE HE FAILED TO VOTE IN EACH OF TWO CONSECUTIVE STATEWIDE GENERAL ELECTIONS.

S. 1252 -- Senators Land and McGill: A BILL TO AMEND SECTION 57-23-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCENIC HIGHWAYS COMMITTEE, SO AS TO DELETE THE PROVISION TERMINATING THE COMMITTEE ON JUNE 30, 1997, UNLESS REAUTHORIZED BY THE GENERAL ASSEMBLY.

S. 1286 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2725 SO AS TO PROHIBIT DAY CARE CENTERS FROM EMPLOYING PERSONS CONVICTED OF CERTAIN CRIMES; TO PROVIDE THAT A PERSON WHO HAS BEEN CONVICTED OF CERTAIN ENUMERATED CRIMES WHO APPLIES FOR EMPLOYMENT AT OR IS EMPLOYED BY A DAY CARE CENTER IS GUILTY OF A MISDEMEANOR, AND TO REQUIRE AN EMPLOYMENT APPLICATION TO INCLUDE A STATEMENT NOTIFYING AN APPLICANT OF THIS CRIMINAL OFFENSE; TO REQUIRE FINGERPRINT REVIEWS FOR EMPLOYEES AND CAREGIVERS; TO ALLOW TEMPORARY OR PROVISIONAL EMPLOYMENT PENDING RESULTS OF THE FEDERAL BUREAU OF INVESTIGATION FINGERPRINT REVIEW IN CERTAIN CIRCUMSTANCES; TO PROVIDE THAT THE CRIMINAL HISTORY REVIEWS APPLY TO AN EMPLOYEE OR VOLUNTARY CAREGIVER OF A DAY CARE CENTER, GROUP DAY CARE HOME, FAMILY DAY CARE HOME, OR CHURCH OR RELIGIOUS DAY CARE CENTER WHO PROVIDES CARE TO A CHILD WITHOUT THE DIRECT PERSONAL SUPERVISION OF A PERSON LICENSED, REGISTERED, OR APPROVED UNDER THIS SUBARTICLE AND TO OTHER EMPLOYEES OR VOLUNTEERS WHO HAVE DIRECT ACCESS TO A CHILD OUTSIDE THE IMMEDIATE PRESENCE OF A PERSON WHO HAS UNDERGONE THE FINGERPRINT REVIEW REQUIRED UNDER THE SECTION; TO WAIVE FINGERPRINT REVIEWS FOR CERTAIN PERSONS; TO AMEND SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, 20-7-2860, AND 20-7-2900, AS AMENDED, RELATING TO DAY CARE LICENSING, APPROVAL, REGISTRATIONS AND RENEWALS, SO AS TO REVISE THE CRIMINAL OFFENSES WHICH PRECLUDE A PERSON FROM OBTAINING A LICENSE, APPROVAL, OR REGISTRATION; TO AMEND SECTION 20-7-2905, AS AMENDED, RELATING TO FEES FOR CRIMINAL HISTORY REVIEWS, SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION AND THE FEDERAL BUREAU OF INVESTIGATION TO PROVIDE TWO COPIES OF THE RESULTS OF THESE REVIEWS; AND TO AMEND SECTION 20-7-3095, RELATING TO THE SEPARATE CRIMINAL OFFENSE OF COMMITTING CERTAIN OFFENSES WITHIN A SPECIFIED RADIUS OF DAY CARE FACILITIES, SO AS TO AMEND THE LIST OF OFFENSES.

S. 699 -- Senator Richter: 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.

S. 994 -- Senators Greg Smith and McGill: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF SEPTEMBER 26, 1995, MISSED BY THE STUDENTS OF ANDREWS HIGH SCHOOL IN THE GEORGETOWN COUNTY SCHOOL DISTRICT WHEN THIS SCHOOL WAS CLOSED DUE TO FIRE AND SMOKE DAMAGE IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES MUST BE MADE UP.

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

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.

Senator McGILL explained the Bill.

The following Bill having been read the second time was ordered placed on the third reading Calendar:

S. 1295 -- Senators Wilson, Moore and Giese: A BILL TO AMEND TITLE 44, CHAPTER 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCER, TO ENACT THE CENTRAL CANCER REGISTRY ACT, SO AS TO CREATE THE SOUTH CAROLINA CENTRAL CANCER REGISTRY AND TO PROVIDE FOR ITS PURPOSE, REPORTING REQUIREMENTS, AND CONFIDENTIALITY; TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE AID TO ANY CANCER PATIENT RATHER THAN TO INDIGENT PATIENTS; AND TO ESTABLISH THE CANCER CONTROL ADVISORY COMMITTEE AND PROVIDE FOR ITS POWERS AND DUTIES.

S. 1162 -- Senator Martin: A BILL TO AMEND SECTION 56-3-2320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE USE OF DEALER LICENSE PLATES, SO AS TO PROVIDE THAT A DEALER LICENSE PLATE IS ALLOWED ON A MOTOR VEHICLE WHICH THE DEALER LENDS TO ECONOMIC DEVELOPMENT PERSONNEL PURSUANT TO AN AGREEMENT WITH THE COUNTY BY WHICH SUCH PERSONNEL IS EMPLOYED.

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

The Transportation Committee proposed the following amendment (1162R001.JCL), 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 56-3-2320 (A) of the 1976 Code is amended to read:

"(A) Upon application being made and the required fee being paid to the department, the department may issue dealer license plates to a licensed motor vehicle dealer. The license plates, notwithstanding other provisions of this chapter to the contrary, may be used exclusively on motor vehicles owned by, assigned, or loaned for test driving purposes to the dealer when operated on the highways of this State by the dealer, its corporate officers, its employees, or a prospective purchaser of the motor vehicle. The use by a prospective purchaser is limited to seven days, and the dealer shall provide the prospective purchaser with a dated demonstration certificate. The certificate must be approved by the department. Dealer plates must not be used to operate wreckers or service vehicles in use by the dealer nor to operate vehicles owned by the dealer that are leased or rented by the public. No dealer plates may be issued by the department unless the dealer furnishes proof in a form acceptable to the department that he has a retail business license as required by Chapter 36 of Title 12 and has made at least twenty sales of motor vehicles in the twelve months preceding his application for a dealer plate. The sales requirement may be waived by the department if the dealer has been licensed for less than one year. For purposes of this section, the transfer of ownership of a motor vehicle between the same individual or corporation more than one time is considered as only one sale. Multiple transfer of motor vehicles between licensed dealers for the purpose of meeting eligibility requirements for motor vehicle dealer plates is prohibited.

A dealer may be issued two plates for the first twenty vehicles sold during the preceding year and one additional plate for each fifteen vehicles sold beyond the initial twenty during the preceding year. For good cause shown, the department in its discretion may issue extra plates. If the dealer has been licensed less than one year, the department shall issue a number of license plates based on an estimated number of sales for the coming year. The department may increase or decrease the number of plates issued based on actual sales made.

The cost of each dealer plate issued is twenty dollars.

Upon application to the department, a public or private school, college, or university, or an economic development entity created or sanctioned by the county where the entity is located, may be issued an education a license plate to be used on vehicles loaned or rented to the school, college, or university, or economic development entity by a licensed motor vehicle dealer. The plate must be a personalized plate designed by the department. The cost of each plate issued is two hundred dollars, of which one hundred sixty dollars must be remitted by the department to the county in which the school, college, or university, or economic development entity is located. Each plate is valid for two years, and there is no limit on the number of plates which may be issued, except in the case of an economic development entity where only one plate per entity is allowed.

A dealer license plate is allowed on a motor vehicle which the dealer lends to a public or private school for use in a driver education program. A plate used for this purpose may be obtained without fee and without regard to the limit on plates issued pursuant to this section. When the motor vehicle is no longer used for driver education, the dealer shall surrender the plate to the department.

Notwithstanding the provisions of this section, a dealer exclusively selling heavy duty trucks at retail is eligible to obtain license plates for exclusive use on the heavy duty trucks regardless of the number of trucks sold by him during the preceding required number of months. These license plates for trucks must be noted with a distinct and separate identification and used only on heavy duty trucks. For purposes of this section, heavy duty trucks include trucks having a gross vehicle weight of sixteen thousand pounds or greater."

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

Amend title to conform.

Senator MARTIN explained the amendment.

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

H. 4544 -- Reps. Cotty, Mason, T. Brown, Inabinett, Richardson, Rogers, Seithel, Neilson, Easterday, Kirsh, Shissias, Stuart, Hutson, McMahand, Rhoad, J. Harris, Wilkes, Stille, Cato, Bailey, Harrison, Gamble, Dantzler, Witherspoon, Delleney, Fleming, Harrell, Koon, Cromer and S. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-5-190 SO AS TO AUTHORIZE CERTAIN INSURANCE OR INSURANCE-RELATED ENTITIES, ORGANIZATIONS, OR AGENCIES TO CAUSE RECORDS RELATING TO POLICY APPLICATIONS, CHANGES, REFUNDS, TERMINATIONS, CLAIMS, OR PREMIUM PAYMENTS TO BE COPIED OR REPRODUCED BY CERTAIN MEANS, AND PROVIDE FOR RELATED MATTERS.

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 (4544R001.EES), which was adopted:

Amend the bill further, page 1, line 31 by adding after /Association,/ the following:

/South Carolina Property and Casualty Insurance Guaranty Association, South Carolina Health Insurance Pool,/

Amend the bill further, page 1, line 41, by adding after /electronic/ the following:

/or/.

Amend title to conform.

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

H. 4797 -- Reps. Stoddard, Inabinett, Littlejohn and McAbee: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 10, 1996, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, THE COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, THE UNIVERSITY OF SOUTH CAROLINA, THE WIL LOU GRAY OPPORTUNITY SCHOOL, WINTHROP UNIVERSITY, AND THE BOARD OF VISITORS OF THE CITADEL, TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1996 OR WHOSE POSITIONS OTHERWISE MUST BE FILLED, AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

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

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.

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

S. 963 -- Senators Passailaigue, McGill, O'Dell, Richter, Short, Rose and McConnell: A BILL TO AMEND SECTION 59-122-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE CITADEL TO ISSUE REVENUE BONDS FOR STUDENT HOUSING, FACULTY HOUSING, AND AUXILIARY FACILITIES, SO AS TO INCREASE THE MAXIMUM PRINCIPAL AMOUNT OF THESE REVENUE BONDS AUTHORIZED TO BE OUTSTANDING AT ANY TIME FROM TWENTY-FIVE MILLION DOLLARS TO THIRTY-FIVE MILLION DOLLARS.

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

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

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

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

H. 4313 -- Reps. Fulmer, Littlejohn, Inabinett, Hutson, Cain, Vaughn and Riser: A BILL TO AMEND SECTION 59-122-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE CITADEL TO ISSUE REVENUE BONDS FOR STUDENT HOUSING, FACULTY HOUSING, AND AUXILIARY FACILITIES, SO AS TO INCREASE THE MAXIMUM PRINCIPAL AMOUNT OF THESE REVENUE BONDS AUTHORIZED TO BE OUTSTANDING AT ANY TIME FROM TWENTY-FIVE MILLION DOLLARS TO THIRTY-FIVE MILLION DOLLARS.

Senator PASSAILAIGUE asked unanimous consent to make a motion that the Bill be placed in the status of Adjourned Debate.

Senator CORK objected.

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

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

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

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

Senator PASSAILAIGUE argued contra to the third reading of the Bill.

H. 4313 -- Reps. Fulmer, Littlejohn, Inabinett, Hutson, Cain, Vaughn and Riser: A BILL TO AMEND SECTION 59-122-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE CITADEL TO ISSUE REVENUE BONDS FOR STUDENT HOUSING, FACULTY HOUSING, AND AUXILIARY FACILITIES, SO AS TO INCREASE THE MAXIMUM PRINCIPAL AMOUNT OF THESE REVENUE BONDS AUTHORIZED TO BE OUTSTANDING AT ANY TIME FROM TWENTY-FIVE MILLION DOLLARS TO THIRTY-FIVE MILLION DOLLARS.

Senator MOORE asked unanimous consent to suspend consideration of H. 4138 and to make a motion to place H. 4313 in the status of Adjourned Debate.

The Bill was placed in the status of Adjourned Debate.

The Senate resumed consideration of H. 4138. The question being the third reading of the Bill.

Senator BRYAN moved to carry over the Bill.

Senator RYBERG objected.

The Bill, H. 4138, was carried over.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

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)

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

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

S. 1195--Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-15 SO AS TO DEFINE THE MISSION OF HIGHER EDUCATION IN SOUTH CAROLINA TO PROVIDE THAT THE COMMISSION SHALL BE RESPONSIBLE FOR A COORDINATED, EFFICIENT, AND RESPONSIVE HIGHER EDUCATION SYSTEM IN THIS STATE AND TO PROVIDE FOR THE RESPONSIBILITIES OF THE COMMISSION IN THIS REGARD; TO AMEND SECTION 59-103-35, RELATING TO THE SUBMISSION OF THE BUDGETS OF PUBLIC INSTITUTIONS OF HIGHER LEARNING AND THE APPROVAL AND REVIEW OF THE PROGRAMS OF THESE INSTITUTIONS, TO REVISE THE COMMISSION'S RESPONSIBILITIES WITH REGARD TO AN INSTITUTION'S PROGRAMS; TO PROVIDE THAT AN INSTITUTION'S REQUEST FOR NEW OR EXPANDED PROGRAMS MUST BE APPROVED BY THE COMMISSION; AND TO REVISE SUCH PROVISIONS AND REFERENCES TO OTHER DUTIES AND FUNCTIONS CONFERRED ON THE COMMISSION; (ABBREVIATED TITLE)

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

Senator SETZLER spoke on the Bill.

On motion of Senator SETZLER, debate was interrupted by adjournment.

On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Harry W. Glenn of Irmo, S.C.

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

Senator McCONNELL desired to be recorded as voting against the motion to adjourn.

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