Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.

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

Beloved, in these chaotic days, I commend to you the reading of the Book of Ezekiel, small portions we shall ponder this week. Today, Chapter 1 (v.1) NRSV: (B.C. 592-570)

"In the thirtieth year, in the fourth month,

on the fifth day of the month, as I was

among the exiles by the river Chebar, the

heavens were opened, and I saw visions of

God."
Let us pray.

Our Father, as our leaders here and in our Nation's Capital, wrestle with the monumental problems thrust upon us, we say our morning prayers!

We pray also for our President and our leaders as they criss-cross our planet trying to put out fires and support the weak. We thank you for the perspective of Ezekiel who also lived in chaotic times.

We thank You that though You exist beyond the rim of our universe, Creator of it all, You yearn for Your children, human-kind, to hear and obey Your Word in their misery.

We pray for an understanding of Ezekiel's experience "among the exiles by the river" when he said,

"The heavens were opened, and

I saw visions of God..."

Amen!

At 12:05 P.M., on motion of Senator LEVENTIS, with unanimous consent, the Senate receded from business until a quorum was present.

At 12:15 P.M., a quorum being present, the Senate resumed.

At 12:15 P.M., Senator MARTIN assumed the Chair.

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

March 27, 1996
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Reappointment, Commission on Consumer Affairs, with term to commence September 1, 1996, and to expire September 1, 2000:

At-Large:

Mr. William Patrick Flack, 2041 Bolt Drive, Anderson, S.C. 29621

Referred to the Committee on Banking and Insurance.

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

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Initial Appointment, South Carolina Arts Commission, with term to commence June 30, 1996, and to expire June 30, 1999:

At-Large:

Mr. Herman G. Bright, Post Office Box 1952, Walterboro, S.C. 29488 VICE Larry F. Lebby

Referred to the General Committee.

April 10, 1996
Mr. President and Members of the Senate:

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

Respectfully,
David M. Beasley

Reappointments, Charleston County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

Honorable Alvin E. Bligen, Post Office Box 216, Edisto Island, S.C. 29438

Honorable J. Mullen Harper, Post Office Box 584, Mt. Pleasant, S.C. 29465

Honorable M. Brian Rawl, Post Office Box 284, Johns Island, S.C. 29455

Honorable Leroy Linen, 6113 Judge Linen Lane, Wadmalaw Island, S.C. 29487

Received as information.

Initial Appointment, Charleston County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable Mary B. Holmes, Post Office Box 237, Hollywood, S.C. 29449 VICE Kenneth L. Edwards

Received as information.

April 15, 1996
Mr. President and Members of the Senate:

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

Respectfully,
David M. Beasley

Initial Appointment, Chesterfield County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

Honorable Wilbert S. Motley, Post Office Box 681, Cheraw, S.C. 29520 VICE Betty M. Harris (resigned)

Initial Appointment to this Seat (Reappointment as Magistrate), Charleston County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable Priscilla B. Baldwin, Post Office Box 262, McClellanville, S.C. 29458 VICE New Seat

Received as information.

April 16, 1996
Mr. President and Members of the Senate:

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

Respectfully,
David M. Beasley

Reappointments, Georgetown County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

Honorable Hughey Walker, 6897 Pleasant Hill Road, Hemingway, S.C. 29554

Honorable Benjamin F. Dunn, Post Office Box 44, Andrews, S.C. 29510

Honorable William Paul Moeller, Post Office Box 859, Murrells Inlet, S.C. 29576

Reappointments, Charleston County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

Honorable Henry W. Guerard, Post Office Box 941, Charleston, S.C. 29402-0941

Honorable Jack I. Guedalia, 1320 Winchester Drive, Charleston, S.C. 29407

Honorable Bonnie L. Koontz-Stickels, 1720 Sam Rittenberg Boulevard, Unit II, Charleston, S.C. 29407

Honorable Richard Ganaway, 7564 Brandywine Road, North Charleston, S.C. 29420

Received as information.

April 18, 1996
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Initial Appointment, Charleston County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Ms. Frances L. Cain-Lofton, 729 Morrison Street, McClellanville, S.C. 29458 VICE Priscilla B. Baldwin (for this seat only)

Received as information.

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

Document No. 1932
Promulgated by Board of Education
43-140. School District Organizational Plan (Repeal)
Received by Lt. Governor April 18, 1996
Referred to Senate Committee on Education
120 day review expiration date August 16, 1996
(Subject to Sine Die Revision)

Document No. 1933
Promulgated by Board of Education
43-142. School Year (Repeal)
Received by Lt. Governor April 18, 1996
Referred to Senate Committee on Education
120 day review expiration date August 16, 1996
(Subject to Sine Die Revision)

Document No. 1934
Promulgated by Board of Education
43-143. Summer Sessions (Repeal)
Received by Lt. Governor April 18, 1996
Referred to Senate Committee on Education
120 day review expiration date August 16, 1996
(Subject to Sine Die Revision)

Document No. 1935
Promulgated by Board of Education
43-144. School Day (Repeal)
Received by Lt. Governor April 18, 1996
Referred to Senate Committee on Education
120 day review expiration date August 16, 1996
(Subject to Sine Die Revision)

Document No. 1936
Promulgated by Board of Education
43-145. Emergency Closings (Repeal)
Received by Lt. Governor April 18, 1996
Referred to Senate Committee on Education
120 day review expiration date August 16, 1996
(Subject to Sine Die Revision)

Document No. 1937
Promulgated by Board of Education
43-160. School Superintendent Qualification (Repeal)
Received by Lt. Governor April 18, 1996
Referred to Senate Committee on Education
120 day review expiration date August 16, 1996
(Subject to Sine Die Revision)

Document No. 1942
Promulgated by Board of Education
43-201.3. Teacher Incentive Program (Repeal)
Received by Lt. Governor April 18, 1996
Referred to Senate Committee on Education
120 day review expiration date August 16, 1996
(Subject to Sine Die Revision)

Document No. 1943
Promulgated by Board of Education
43-203. Professional Personnel Compensation Guides and Contracts (Repeal)
Received by Lt. Governor April 18, 1996
Referred to Senate Committee on Education
120 day review expiration date August 16, 1996
(Subject to Sine Die Revision)

Document No. 1949
Promulgated by Board of Education
43-208.1. Distribution of Lunchroom Duty Time for Teachers, Grades 1-6 (Repeal)
Received by Lt. Governor April 18, 1996
Referred to Senate Committee on Education
120 day review expiration date August 16, 1996
(Subject to Sine Die Revision)

Document No. 1950
Promulgated by Board of Education
43-209. Nonprofessional/Paraprofessional Personnel Positions, Qualifications and Duties
Received by Lt. Governor April 18, 1996
Referred to Senate Committee on Education
120 day review expiration date August 16, 1996
(Subject to Sine Die Revision)

Document No. 1951
Promulgated by Board of Education
43-210. Nonprofessional Personnel Health Examinations (Repeal)
Received by Lt. Governor April 18, 1996
Referred to Senate Committee on Education
120 day review expiration date August 16, 1996
(Subject to Sine Die Revision)

Document No. 1952
Promulgated by Board of Education
43-211. Paraprofessional Personnel Positions (Repeal)
Received by Lt. Governor April 18, 1996
Referred to Senate Committee on Education
120 day review expiration date August 16, 1996
(Subject to Sine Die Revision)

Document No. 1953
Promulgated by Board of Education
43-212. Paraprofessional Personnel Qualifications and Duties (Repeal)
Received by Lt. Governor April 18, 1996
Referred to Senate Committee on Education
120 day review expiration date August 16, 1996
(Subject to Sine Die Revision)

Document No. 1954
Promulgated by Board of Education
43-213. Paraprofessional Personnel Health Examinations (Repeal)
Received by Lt. Governor April 18, 1996
Referred to Senate Committee on Education
120 day review expiration date August 16, 1996
(Subject to Sine Die Revision)

Document No. 1957
Promulgated by Board of Education
43-231.1. Adjustment in Instructional Time for Basic Skills (Repeal)
Received by Lt. Governor April 18, 1996
Referred to Senate Committee on Education
120 day review expiration date August 16, 1996
(Subject to Sine Die Revision)

Document No. 1970
Promulgated by Board of Education
43-257. Report Cards (Repeal)
Received by Lt. Governor April 18, 1996
Referred to Senate Committee on Education
120 day review expiration date August 16, 1996
(Subject to Sine Die Revision)

Document No. 1971
Promulgated by Board of Education
43-258. Acceleration (Repeal)
Received by Lt. Governor April 18, 1996
Referred to Senate Committee on Education
120 day review expiration date August 16, 1996
(Subject to Sine Die Revision)

Document No. 1973
Promulgated by Board of Education
43-271. Entrance Age (Repeal)
Received by Lt. Governor April 18, 1996
Referred to Senate Committee on Education
120 day review expiration date August 16, 1996
(Subject to Sine Die Revision)

Document No. 1974
Promulgated by Board of Education
43-272. School Admission (Repeal)
Received by Lt. Governor April 18, 1996
Referred to Senate Committee on Education
120 day review expiration date August 16, 1996
(Subject to Sine Die Revision)

Document No. 1979
Promulgated by Board of Education
43-110 through 43-128. Proprietary Schools (Repeal)
Received by Lt. Governor April 18, 1996
Referred to Senate Committee on Education
120 day review expiration date August 16, 1996
(Subject to Sine Die Revision)

Document No. 1980
Promulgated by Board of Education
43-141. School Census (Repeal)
Received by Lt. Governor April 18, 1996
Referred to Senate Committee on Education
120 day review expiration date August 16, 1996
(Subject to Sine Die Revision)

Document No. 1981
Promulgated by Board of Education
43-150. Policy Development (Repeal)
Received by Lt. Governor April 18, 1996
Referred to Senate Committee on Education
120 day review expiration date August 16, 1996
(Subject to Sine Die Revision)

Document No. 1982
Promulgated by Board of Education
43-151. Advisory Council (Repeal)
Received by Lt. Governor April 18, 1996
Referred to Senate Committee on Education
120 day review expiration date August 16, 1996
(Subject to Sine Die Revision)

Document No. 1983
Promulgated by Board of Education
43-164.1. Principal Apprenticeship Program (Repeal)
Received by Lt. Governor April 18, 1996
Referred to Senate Committee on Education
120 day review expiration date August 16, 1996
(Subject to Sine Die Revision)

Document No. 1984
Promulgated by Board of Education
43-165.1. Principal Evaluation Program (Repeal)
Received by Lt. Governor April 18, 1996
Referred to Senate Committee on Education
120 day review expiration date August 16, 1996
(Subject to Sine Die Revision)

Document No. 1985
Promulgated by Board of Education
43-201. Professional Development Opportunities (Repeal)
Received by Lt. Governor April 18, 1996
Referred to Senate Committee on Education
120 day review expiration date August 16, 1996
(Subject to Sine Die Revision)

Senator McCONNELL introduced Dr. Louis Costa of Charleston, S.C., Doctor of the Day.

S. 944 -- Senators Greg Smith and Rose: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF GEORGETOWN COUNTY.

Senator GREG SMITH asked unanimous consent to make a motion to recall the Bill from the Georgetown Delegation.

There was no objection.

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

Senator GREG SMITH proposed the following amendment (944R002.GS), which was adopted:

Amend the bill, as and if amended, page 1, line 20, by inserting after / 22-1-10, / the following:

/the appointment of members of the Georgetown Water and Sewer District as provided for in Act 733 of 1957, and/.

Amend the bill further, as and if amended, page 2, by striking lines 24 through 29 in their entirety and inserting in lieu thereof the following:

/(11)   Murrell's Inlet-Garden City

Fire District   Act 876 of 1966

(12)   Waccamaw Regional

Planning Council   Section 6-7-110/

Renumber sections to conform.

Amend title to conform.

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

On motion of Senator GREG SMITH, S. 944 was ordered to receive a third reading on Wednesday, April 24, 1996.

S. 972 -- Senator Bryan: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE LAURENS COUNTY TRANSPORTATION COMMITTEE.

Senator BRYAN asked unanimous consent to make a motion to recall the Bill from the Laurens Delegation.

There was no objection.

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

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

On motion of Senator BRYAN, S. 972 was ordered to receive a third reading on Wednesday, April 24, 1996.

H. 4693 -- Reps. Phillips and McCraw: A JOINT RESOLUTION TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO ERECT TRAFFIC SIGNALS ON SOUTH CAROLINA HIGHWAY 198 AT EXIT 102 ON INTERSTATE HIGHWAY 85.

Senator LAND asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

On motion of Senator LAND, the Resolution was ordered placed on the local Calendar.

The following were introduced:

S. 1376 -- Senator Land: A BILL TO AMEND SECTIONS 12-27-1290 AND 12-28-2920, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT AND CONSTRUCTION OF TOLL ROADS, SO AS TO REVISE THE DISBURSEMENT OF FUNDS DERIVED FROM TOLLS AND THE CONDITIONS UPON WHICH TOLL CHARGES SHALL CEASE; TO AMEND SECTION 57-5-1320, AS AMENDED, RELATING TO TURNPIKE PROJECT DEFINITIONS, SO AS TO REVISE CERTAIN DEFINITIONS AND TO DEFINE GENERAL OBLIGATION BOND; TO AMEND SECTION 57-5-1360, RELATING TO CERTAIN POWERS AND DUTIES OF THE STATE BUDGET AND CONTROL BOARD, SO AS TO SUBSTITUTE "BONDS" FOR "FACILITY"; AND TO AMEND SECTION 57-5-1450, AS AMENDED, RELATING TO THE STATE BUDGET AND CONTROL BOARD'S AUTHORITY TO ISSUE TURNPIKE BONDS AND THE TERMS AND CONDITIONS OF THE BONDS, SO AS TO REVISE THE PROCESS OF ISSUING TURNPIKE BONDS AND TO DELETE CERTAIN CONDITIONS THAT MAY BE ATTACHED TO THE BONDS.

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

S. 1377 -- Senators Ford and Glover: A BILL TO AMEND SECTION 8-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MINIMUM WAGE FOR STATE EMPLOYEES AND PUBLIC SCHOOL BUS DRIVERS, SO AS TO INCREASE THE MINIMUM WAGE FOR STATE EMPLOYEES AND PUBLIC SCHOOL BUS DRIVERS.

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

S. 1378 -- Senators Boan, J. Verne Smith and Rose: A BILL TO AMEND SECTIONS 1-1-110, AS AMENDED, 1-1-120, 1-1-1210, AS AMENDED, 1-3-215, 1-3-420, 1-5-30, 1-7-110, 1-9-30, 1-11-140, AS AMENDED, 1-19-230, 1-23-100, 2-1-50, 2-5-60, 2-7-80, AS AMENDED, 2-7-240, 2-11-10, AS AMENDED, 2-13-140, 2-13-190, AS AMENDED, 2-13-240, AS AMENDED, 2-17-17, 3-1-150, 3-3-210, AS AMENDED, 3-3-220, 3-3-340, 3-5-10, 3-5-30, 3-5-40, AS AMENDED, 3-5-310, 3-5-320, AS AMENDED, 3-5-330, AS AMENDED, 4-3-330, 4-3-360, 4-3-370, 4-3-410, 4-3-460, 4-3-490, 4-5-150, 4-5-190, AS AMENDED, 4-5-200, AS AMENDED, 4-7-110, 4-8-100, AS AMENDED, 4-9-10, 4-11-30, 4-11-290, 5-1-10, 5-1-30, AS AMENDED, 5-1-40, 5-1-50, 5-1-70, 5-1-80, 5-1-100, 5-3-90, AS AMENDED, 5-3-280, 5-5-30, 6-11-1620, 6-11-1630, 6-11-1640, 6-13-20, 6-13-120, 6-16-50, 6-16-70, 6-19-40, 6-23-50, 6-25-50, 6-25-70, 7-9-10, 7-9-80, 7-9-100, AS AMENDED, 7-13-70, AS AMENDED, 7-13-180, 7-13-320, 7-17-290, 7-17-300, 7-17-310, 7-17-320, 7-17-330, 7-17-340, 7-19-70, 7-19-80, 7-19-90, 7-19-100, 7-19-110, 7-19-120, 8-3-40, 8-3-140, 8-3-150, 8-11-20, 8-11-92, 8-11-94, 11-15-20, 11-25-260, 11-31-10, 12-6-5520, 12-8-540, 12-8-550, 12-20-30, 12-20-40, 12-28-1505, 12-49-90, AS AMENDED, 12-54-125, 13-7-145, 13-12-15, AS AMENDED, 14-5-110, 14-11-20, AS AMENDED, 14-17-340, 15-9-245, AS AMENDED, 15-9-250, 15-9-280, AS AMENDED, 15-9-430, AS AMENDED, 15-9-440, 15-9-460, 15-63-200, 15-63-210, 15-78-30, AS AMENDED, 15-78-70, AS AMENDED, 15-78-120, AS AMENDED, 16-17-40, 17-13-80, AS AMENDED, 22-1-20, 23-7-30, 25-1-330, 26-1-10, 26-1-20, 26-1-30, 26-1-40, 26-1-70, 26-1-95, 27-15-30, 27-15-40, 27-16-30, 27-16-140, 27-19-10, 27-19-20, 27-19-30, 27-19-50, 27-19-60, 27-19-70, 27-19-80, 27-19-90, 27-19-100, 27-19-210, 27-19-310, 27-19-320, 27-19-330, 27-19-340, 27-19-360, 27-19-370, 27-19-390, 27-40-130, 30-7-10, 31-1-110, 31-3-340, AS AMENDED, 31-3-370, AS AMENDED, 31-10-30, 31-13-30, AS AMENDED, 33-1-200, 33-1-210, AS AMENDED, 33-1-220, AS AMENDED, 33-1-230, 33-1-240, 33-1-250, 33-1-260, 33-1-270, 33-1-280, 33-1-290, 33-1-300, 33-2-101, 33-2-103, 33-4-101, AS AMENDED, 33-4-102, AS AMENDED, 33-4-103, 33-5-102, 33-5-103, 33-6-102, 33-6-310, 33-10-102, 33-10-106, 33-10-107, 33-10-108, 33-11-104, 33-11-105, 33-11-107, 33-11-108, 33-14-101, 33-14-103, 33-14-104, 33-14-200, AS AMENDED, 33-14-210, 33-14-220, AS AMENDED, 33-14-230, 33-14-330, 33-15-101, AS AMENDED, 33-15-103, AS AMENDED, 33-15-104, 33-15-106, 33-15-108, 33-15-109, 33-15-200, 33-15-300, AS AMENDED, 33-15-310, AS AMENDED, 33-15-320, 33-15-330, AS AMENDED, 33-19-109, 33-19-420, 33-19-500, 33-19-520, 33-19-700, 33-31-120, 33-31-121, 33-31-122, 33-31-123, 33-31-124, 33-31-125, 33-31-126, 33-31-127, 33-31-128, 33-31-129, 33-31-130, 33-31-140, 33-31-201, 33-31-203, 33-31-401, 33-31-402, 33-31-403, 33-31-502, 33-31-503, 33-31-505, 33-31-704, 33-31-1001, 33-31-1002, 33-31-1005, 33-31-1006, 33-31-1007, 33-31-1102, 33-31-1104, 33-31-1106, 33-31-1401, 33-31-1403, 33-31-1404, 33-31-1405, 33-31-1420, 33-31-1421, 33-31-1422, 33-31-1423, 33-31-1433, 33-31-1501, 33-31-1503, 33-31-1504, 33-31-1506, 33-31-1508, 33-31-1509, 33-31-1515, 33-31-1520, 33-31-1530, 33-31-1531, 33-31-1532, 33-31-1601, 33-31-1701, 33-31-1706, 33-31-1707, 33-35-30, 33-35-40, 33-35-50, AS AMENDED, 33-35-60, 33-35-70, 33-35-120, 33-35-130, 33-35-140, 33-37-210, 33-37-260, AS AMENDED, 33-37-270, 33-39-210, 33-39-260, 33-39-270, 33-41-1110, 33-41-1160, AS AMENDED, 33-41-1170, 33-41-1180, 33-41-1190, 33-41-1200, 33-41-1210, 33-42-20, 33-42-40, 33-42-45, 33-42-210, 33-42-220, 33-42-230, 33-42-240, 33-42-250, 33-42-260, 33-42-280, 33-42-290, 33-42-310, 33-42-320, 33-42-440, 33-42-1620, AS AMENDED, 33-42-1630, 33-42-1640, 33-42-1650, 33-42-1660, 33-42-1670, 33-42-2040, 33-43-103, 33-43-104, 33-43-105, 33-43-201, 33-43-203, 33-43-204, 33-43-205, 33-43-206, 33-43-405, 33-43-901.1, 33-43-901.2, 33-43-901.3, 33-43-901.4, 33-43-906, 33-43-1002, AS AMENDED, 33-43-1003, 33-43-1005, 33-43-1006, 33-43-1007, 33-43-1008, 33-43-1105, 33-43-1202, 33-43-1304, 33-43-1401, 33-43-1402, 33-45-40, 33-45-50, 33-45-140, 33-45-145, 33-45-200, 33-46-90, 33-46-230, 33-46-240, 33-46-600, 33-46-610, 33-46-620, 33-46-630, 33-46-650, 33-46-700, 33-46-740, 33-46-750, 33-46-770, 33-46-810, 33-46-830, 33-47-90, 33-49-80, 33-49-90, 33-49-100, 33-49-110, 33-49-230, 33-49-240, 33-49-810, 33-49-820, 33-49-830, 33-49-840, 33-49-1010, 33-49-1050, 33-49-1060, 33-49-1080, 33-49-1220, 33-49-1240, 33-49-1320, 33-53-10, 33-56-20, 33-56-30, 33-56-40, 33-56-50, 33-56-60, 33-56-70, 33-56-80, 33-56-90, 33-56-100, 33-56-110, 33-56-120, 33-56-130, 33-56-140, 33-56-150, 33-56-160, 33-56-190, 34-1-70, 34-3-810, 34-3-820, 34-9-60, 34-9-70, 34-27-40, 34-28-100, 34-28-130, 34-28-200, 34-28-220, 34-28-270, 34-28-800, 34-29-110, 35-1-20, AS AMENDED, 35-1-30, 35-1-320, 35-1-485, 36-9-401, AS AMENDED, 36-9-403, AS AMENDED, 36-9-404, AS AMENDED, 36-9-405, AS AMENDED, 36-9-406, AS AMENDED, 36-9-407, AS AMENDED, 37-1-203, 37-6-405, 37-6-406, 37-6-502, AS AMENDED, 38-3-80, AS AMENDED, 38-5-110, AS AMENDED, 38-25-510, AS AMENDED, 38-87-110, AS AMENDED, 39-3-160, 39-3-170, 39-15-420, 39-15-430, 39-15-440, 39-15-450, 39-15-490, 39-15-1105, AS AMENDED, 39-15-1115, 39-15-1190, 39-19-20, 39-57-50, AS AMENDED, 39-57-55, 39-61-70, 39-73-10, 39-73-330, 40-1-110, 40-11-30, 40-11-120, 40-22-40, 40-22-50, 40-22-90, 40-33-270, 40-59-20, AS AMENDED, 40-59-110, AS AMENDED, 40-73-20, AS AMENDED, 40-77-50, 40-77-130, 41-25-20, 41-25-35, 41-25-110, AS AMENDED, 41-29-130, 41-43-40, AS AMENDED, 42-7-200, AS AMENDED, 44-7-1830, 44-7-2030, 44-7-2120, 44-7-2153, 44-7-2154, 44-61-70, AS AMENDED, 44-61-150, 44-79-80, 46-5-10, AS AMENDED, 46-13-60, AS AMENDED, 46-15-30, 46-17-260, 46-19-20, 46-33-40, 46-39-30, 46-39-40, 46-39-130, 46-39-150, 46-39-160, 46-39-170, 48-4-30, 48-9-620, AS AMENDED, 48-9-630, AS AMENDED, 48-9-650, AS AMENDED, 48-9-850, AS AMENDED, 48-9-1040, AS AMENDED, 48-27-20, 48-27-220, 48-37-30, 48-43-40, AS AMENDED, 49-7-120, 49-19-320, 49-19-2540, 49-19-2580, 49-19-2610, 49-27-70, AS AMENDED, 49-27-80, AS AMENDED, 50-3-140, AS AMENDED, 50-3-315, AS AMENDED, 50-3-320, AS AMENDED, 50-19-2240, AS AMENDED, 50-19-2640, 51-11-40, AS AMENDED, 51-13-750, 51-15-520, 53-1-160, 54-3-170, 55-5-180, AS AMENDED, 55-11-210, 56-21-70, 57-1-325, 57-1-340, 57-5-180, AS AMENDED, 57-5-1410, 57-15-10, 57-21-20, 58-11-260, 58-15-10, 58-15-30, 58-15-40, 58-15-70, 58-15-80, 58-15-90, 58-15-100, 58-15-120, 58-15-130, 58-15-160, 58-15-170, 58-15-200, 58-17-340, 58-17-430, 58-17-620, 58-17-630, 58-17-660, 58-31-20, 58-31-50, AS AMENDED, 58-31-340, 59-3-10, 59-5-10, 59-11-30, 59-13-10, 59-27-30, 59-49-90, 59-103-120, 59-115-100, 59-117-20, AS AMENDED, 59-121-10, AS AMENDED, 59-121-20, AS AMENDED, 59-123-50, AS AMENDED, 59-125-30, AS AMENDED, 59-125-50, 59-130-10, AS AMENDED, 59-133-10, AS AMENDED, 59-135-10, AS AMENDED, 59-136-110, 61-3-220, AS AMENDED, 61-5-170, AS AMENDED, 61-9-1240, 61-11-260, AND 62-5-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, THE POWERS, DUTIES, AND RESPONSIBILITIES OF THE SECRETARY OF STATE, SO AS TO DEVOLVE THESE POWERS, DUTIES, AND RESPONSIBILITIES ON SPECIFIED STATE AGENCIES, DEPARTMENTS, AND PUBLIC OFFICIALS; AND TO REPEAL SECTIONS 1-5-10, 1-5-20, 8-21-110, 12-4-40, 23-29-50, 23-29-60, 23-29-70, 23-29-80, 30-11-10, 30-11-20, 30-11-30, 30-11-40, 30-11-50, 47-9-260, 47-9-270, 47-9-280, 47-9-310, 47-9-320, 47-9-330, 47-9-340, 47-9-380, 47-9-390, AND 47-9-400 RELATING TO, AMONG OTHER THINGS, CERTAIN POWERS, DUTIES, AND RESPONSIBILITIES OF THE SECRETARY OF STATE, AND PROVIDE FOR A TRANSITION OF THE DEVOLUTION OF THE POWERS, DUTIES, AND RESPONSIBILITIES.

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

S. 1379 -- Senators Boan, J. Verne Smith and Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO OFFICES BY ADDING SECTION 7A SO AS TO ABOLISH THE OFFICE OF SECRETARY OF STATE ON JULY 1, 1997, AND PROVIDE FOR ITS FUNCTIONS AND DUTIES TO BE DEVOLVED ONTO OTHER STATE CONSTITUTIONAL OFFICES IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW.

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

S. 1380 -- Senators McConnell and Washington: A BILL TO AMEND SECTION 23-11-110 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO PROVIDE THAT FINGERPRINTS MUST BE MADE AVAILABLE TO THE STATE LAW ENFORCEMENT DIVISION FORTY-FIVE DAYS AFTER FILING FOR ELECTION TO THE OFFICE, RATHER THAN SIXTY DAYS BEFORE THE CLOSE OF QUALIFICATION FOR ELECTION TO THE OFFICE; TO PROVIDE THAT CANDIDATES MUST FILE A SWORN AFFIDAVIT FORTY-FIVE DAYS AFTER FILING FOR ELECTION TO THE OFFICE RATHER THAN WITHIN SIXTY DAYS BEFORE HE QUALIFIES; AND TO PROVIDE THAT THIS ACT APPLIES WITH RESPECT TO CANDIDATES FILING FOR ELECTION BEGINNING JANUARY 1, 1996.

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

S. 1381 -- Senators Wilson, Passailaigue, Drummond, Alexander, Boan, Bryan, Cork, Courson, Courtney, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep and Washington: A SENATE RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE SENATE FOR THE YEOMAN SERVICE OF MR. RICHARD WINCHELL IN HIS TIRELESS EFFORTS ON BEHALF OF SOUTH CAROLINA TAXPAYERS.

Senator WILSON spoke on the Resolution.

The Senate Resolution was adopted.

S. 1382 -- Senators Moore, Setzler, Ryberg and Wilson: A SENATE RESOLUTION TO CONGRATULATE MR. JOHN WATFORD OF GILBERT, A LIEUTENANT WITH THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES, UPON HIS RECEIPT OF THE "HERO OF THE YEAR AWARD" FROM AMERICAN LEGION POST NO. 71 IN NORTH AUGUSTA FOR SAVING THE LIFE OF MR. BUREN LOWN AFTER A TERRIBLE AUTOMOBILE ACCIDENT.

Whereas, the members of the Senate are very pleased to learn that American Legion Post No. 71 in North Augusta has presented its "Hero of the Year Award" to John Watford of Gilbert as a result of the actions he took to save the life of Buren Lown after a terrible automobile accident which occurred in 1995; and

Whereas, on September 18, 1995, Buren Lown was returning to his farm near Chappells, South Carolina, when another vehicle ran a stop sign and collided into the passenger side of Mr. Lown's truck, turning it over. Mr. Lown was upside down which applied pressure on his seat belt, and he was unable to release the belt; and

Whereas, John Watford fortunately came upon the accident scene soon after it occurred. Unable to get the seat belt unfastened, John Watford returned to his vehicle, obtained a knife, handed it to Mr. Lown, and he cut the belt, freeing himself; and

Whereas, by this time, Mr. Lown's vehicle had caught on fire, and Mr. Watford pulled him through the back window and away from the vehicle shortly before it was totally engulfed in flames; and

Whereas, Buren Lown suffered third degree burns all over his body and today is still recovering from his injuries. John Watford suffered second degree burns to his hands and today has recovered from his injuries; and

Whereas, John Watford is a lieutenant with the South Carolina Department of Natural Resources, a husband, and a father of three children, and the actions he took on this terrible day of September 18, 1995, are a credit not only to him but to his employer, community, and State as well; and

Whereas, the members of the Senate, by this resolution, would like to publicly recognize and congratulate this brave South Carolinian upon his receipt of this truly deserved award. Now, therefore,

Be it resolved by the Senate:

That the members of the Senate congratulate Mr. John Watford of Gilbert, a lieutenant with the South Carolina Department of Natural Resources, upon his receipt of the "Hero of the Year Award" from American Legion Post No. 71 in North Augusta for saving the life of Mr. Buren Lown after a terrible automobile accident.

Be it further resolved that a copy of this resolution be forwarded to John Watford.

The Senate Resolution was adopted.

S. 1383 -- Senator Cork: A SENATE RESOLUTION TO CONGRATULATE MS. PATRICIA M. GREEN OF BEAUFORT, SOUTH CAROLINA, UPON BEING NAMED SOUTH CAROLINA SMALL BUSINESS PERSON OF THE YEAR FOR 1996.

The Senate Resolution was adopted.

S. 1384 -- Senator McGill: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING EDWARD F. EATMON OF KINGSTREE FOR HIS MANY YEARS OF EXEMPLARY SERVICE TO THE STATE OF SOUTH CAROLINA AND WILLIAMSBURG COUNTY AND WISHING HIM MUCH HAPPINESS AND SUCCESS FOLLOWING HIS RETIREMENT.

Whereas, Edward F. Eatmon of Kingstree was employed by the South Carolina Department of Health and Environmental Control (DHEC) in Williamsburg County beginning in 1973 as an Environmentalist; subsequently, he became an Environmental Quality Manager with DHEC; and

Whereas, Mr. Eatmon was also a school teacher in Williamsburg County for seven years (from 1958 to 1965) and served as an assistant principal for one year; and

Whereas, he was born in Kingstree in 1937, son of the late Circuit Judge and former Senator J. Frank Eatmon and the late Margaret K. Eatmon, and he received his B.A. degree from the University of South Carolina and his master's degree from The Citadel; and

Whereas, he is a member of First Baptist Church of Kingstree and a former Sunday School teacher; he has been actively involved with the Kingstree Jaycees; he served on the South Carolina Sporting Dogs and Field Trial Commission for two years; and he has been a member of the South Carolina Wild Turkey Federation Committee (Black River Chapter) for three years; and

Whereas, he has been active in the Carolina Boykin Spaniel Retriever Club, where he had the Dog of the Year Award for two years, served on the board of directors for six years, and was president for three years; and

Whereas, he served on the Board of Directors of the Boykin Spaniel Society for nine years and was the board's chairman for three years; and

Whereas, he is an avid hunter and outdoorsman and is a devoted and loving husband and father; and

Whereas, he received the McKee G. Boykin Award and was the first recipient of the award along with his lovely wife, Alice; this prestigious award is given "for sportsmanship and integrity and promotion of the Boykin Spaniel"; and

Whereas, Edward Eatmon is a true gentleman and is greatly respected and admired by all who know him; and

Whereas, his many years of dedicated service to Williamsburg County and the State of South Carolina officially culminated with his retirement in 1996; and

Whereas, we are very pleased to have this opportunity to recognize and commend such a deserving and outstanding individual. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, recognizes and commends Edward F. Eatmon of Kingstree for his many years of exemplary service to the State and Williamsburg County and wishes him much happiness and success following his retirement.

Be it further resolved that a copy of this resolution be forwarded to Mr. Eatmon at 400 West Academy Street, Kingstree 29556.

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

S. 1385 -- Senators Saleeby and Drummond: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE JOHN LANDRUM FOR BEING NAMED 1995 LIBRARIAN OF THE YEAR BY THE SOUTH CAROLINA LIBRARY ASSOCIATION.

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

S. 1386 -- Senator Land: A BILL TO AMEND SECTION 57-25-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PLACEMENT OF SIGNS WITHIN THE RIGHT-OF-WAY OF A HIGHWAY, SO AS TO AUTHORIZE PLACEMENT OF SIGNS IN THIS AREA, WITH CERTAIN RESTRICTIONS.

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

H. 3987 -- Reps. Townsend and Cooper: A BILL TO AMEND SECTION 56-3-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR FARM TRUCK LICENSES, SO AS TO PROVIDE THAT THE FEES APPLY TO THE GROSS VEHICLE WEIGHT AND TO REVISE THE FEES.

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

H. 4277 -- Reps. Walker, Baxley and Fleming: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-13-85 SO AS TO INCLUDE IN UNLAWFUL EMPLOYMENT PRACTICES THE CONDUCTING OF MEDICAL EXAMINATIONS AND INQUIRIES AND TO PROVIDE CONDITIONS UNDER WHICH THEY MAY BE CONDUCTED; TO AMEND SECTIONS 1-13-20, 1-13-30, AS AMENDED, 1-13-70, 1-13-80, AS AMENDED, 1-13-90, AND 1-13-100, RELATING TO THE STATE HUMAN AFFAIRS COMMISSION AND UNLAWFUL EMPLOYMENT PRACTICES AND THE PROHIBITION AGAINST DISCRIMINATION IN EMPLOYMENT BASED ON RACE, RELIGION, COLOR, SEX, NATIONAL ORIGIN, AND AGE, SO AS TO ALSO PROHIBIT DISCRIMINATION BASED ON DISABILITY AND TO DEFINE "DISABILITY" AND TO FURTHER PROVIDE HOW DISCRIMINATION BASED ON A DISABILITY IS AN UNLAWFUL EMPLOYMENT PRACTICE; TO AMEND SECTIONS 43-33-520, 43-33-530, 43-33-560, AND 43-33-570, RELATING TO THE BILL OF RIGHTS FOR HANDICAPPED PERSONS, SO AS TO DELETE PROVISIONS RELATING TO EMPLOYMENT; TO REPEAL SECTION 43-33-550 RELATING TO THE JURISDICTION OF THE STATE HUMAN AFFAIRS COMMISSION OVER COMPLAINTS OF EMPLOYMENT DISCRIMINATION; AND TO REPEAL SECTION 43-33-580 RELATING TO THE EXEMPTION OF CONTRACTORS AND SUBCONTRACTORS FROM STATE DISCRIMINATION LAWS WHEN THEY ARE SUBJECT TO SUCH FEDERAL LAWS.

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

H. 4396 -- Reps. Harvin, Herdklotz, Riser, Moody-Lawrence and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-135 SO AS TO REQUIRE INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS TO PAY FOR HOSPITALIZATION FOR AT LEAST FORTY-EIGHT HOURS FOR A MOTHER AND HER CHILD AFTER A VAGINAL DELIVERY AND NINETY-SIX HOURS AFTER A CAESARIAN SECTION.

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

H. 4430 -- Reps. Wright, Mason, Simrill, Askins, Felder, Cain, Sandifer, H. Brown, Inabinett, Stuart, M. Hines, Rice, Spearman, T. Brown, Richardson, Herdklotz, Wofford, Dantzler, Klauber, Koon, Law, Stoddard, Witherspoon, Quinn, Lloyd, Gamble, Easterday, Riser, Limbaugh and Waldrop: A BILL TO AMEND ARTICLE 4, CHAPTER 63, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHOOL CRIME REPORT ACT, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL FORWARD ALL INFORMATION CONCERNING SCHOOL-RELATED CRIME TO THE ATTORNEY GENERAL WHICH SHALL BE USED BY HIM IN THE SUPERVISION OF THE PROSECUTION OF SCHOOL CRIME; TO PROVIDE THAT LOCAL LAW ENFORCEMENT OFFICIALS ARE REQUIRED TO CONTACT THE ATTORNEY GENERAL'S "SCHOOL SAFETY PHONE LINE" WHEN CERTAIN CRIMES OCCUR; TO PROVIDE THAT UPON REQUEST OF A LOCAL SCHOOL DISTRICT, THE ATTORNEY GENERAL MAY PETITION THE LOCAL SCHOOL BOARD TO EXPEL STUDENTS CHARGED WITH CERTAIN CRIMES; AND TO PROVIDE THAT THE ATTORNEY GENERAL IS AUTHORIZED TO REPRESENT THE LOCAL SCHOOL DISTRICT WHEN SUCH CASES ARE APPEALED TO AN APPELLATE COURT.

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

H. 4557 -- Rep. Kirsh: A BILL TO AMEND CHAPTER 21, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS LICENSE TAXES, BY ADDING ARTICLE 24 ENACTING THE BINGO TAX ACT OF 1996 SO AS TO REGULATE THE GAME OF BINGO AND PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO ALLOW THE DEDUCTION OF BINGO PRIZES AND WINNINGS; TO AMEND SECTION 12-8-530, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO EXEMPT BINGO PRIZES AND WINNINGS FROM WITHHOLDING, TO PROVIDE THAT ALL CURRENT BINGO LICENSES EXPIRE AFTER SEPTEMBER 30, 1997, TO SAVE PROCEEDINGS UNDERWAY ON OCTOBER 1, 1997, AND PROVIDE FOR THEIR DISPOSITION UNDER FORMER LAW; TO REPEAL ARTICLE 23, CHAPTER 21, TITLE 12, RELATING TO BINGO REGULATION; AND TO PROVIDE THAT THE BINGO TAX ACT OF 1996 TAKES EFFECT OCTOBER 1, 1997.

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

H. 4603 -- Reps. McCraw and Phillips: 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 PROVIDE THAT THE OPEN SEASON FOR TAKING ANTLERED DEER IN GAME ZONE 4 WITH BOW AND ARROW SHALL BE AS SET BY THE DEPARTMENT OF NATURAL RESOURCES BETWEEN AUGUST FIFTEENTH AND JANUARY FIRST.

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

H. 4692 -- Rep. Keegan: A BILL TO AMEND SECTION 39-20-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF A LIEN WITHOUT JUDICIAL INTERVENTION CONCERNING SELF-STORAGE FACILITIES, SO AS TO DELETE THE REQUIREMENT THAT THE OWNER NOTIFY OTHER PARTIES WITH SUPERIOR LIENS, DELETE THE REQUIREMENT THAT THE OWNER MAKE A DETAILED INVENTORY OF THE PERSONAL PROPERTY SUBJECT TO THE LIEN, ALLOW THE OWNER TO DISPOSE OF THE PROPERTY AT PUBLIC SALE AFTER FIFTEEN RATHER THAN FOURTEEN DAYS FROM THE DELIVERY OF A CERTIFIED LETTER, AND DELETE THE REQUIREMENT THAT THE OWNER ADVERTISE IN A NEWSPAPER OF GENERAL CIRCULATION WHERE THE SELF-STORAGE FACILITY IS LOCATED OF THE SALE TO THE HIGHEST BIDDER OF THE PROPERTY SUBJECT TO THE LIEN.

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

H. 4694 -- Reps. Harrison, Wofford, Stuart, Hodges, Neal, Cave, Govan, Baxley, Knotts, Meacham, Bailey, Delleney, Shissias, Klauber, Simrill, Thomas, Clyburn, Wright, Fulmer, Jennings, Martin, J. Harris, Kinon, J. Young, Boan, Limbaugh, McCraw, Young-Brickell, T. Brown, Scott, Tucker, White, D. Smith and Phillips: A BILL TO AMEND SECTION 58-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TELEPHONE COMPANIES AND DEFINITIONS, SO AS TO ADD PROVISIONS DEFINING "BASIC LOCAL EXCHANGE TELEPHONE SERVICE", "CARRIER OF LAST RESORT", "INCUMBENT LOCAL EXCHANGE CARRIER" OR "INCUMBENT LEC", "LOCAL EXCHANGE CARRIER" OR "LEC", "NEW ENTRANT LOCAL EXCHANGE CARRIER" OR "NEW ENTRANT LEC", "SMALL LOCAL EXCHANGE CARRIER" OR "SMALL LEC", "TELECOMMUNICATIONS SERVICES", AND "UNIVERSAL SERVICE"; TO AMEND SECTION 58-9-280, RELATING TO TELEPHONE COMPANIES AND THE REQUIREMENT THAT A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY MUST BE OBTAINED BEFORE CONSTRUCTION, OPERATION, OR EXTENSION OF A PLANT OR SYSTEM, SO AS TO ADD PROVISIONS WHICH PROVIDE, AMONG OTHER THINGS, THAT AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, THE PUBLIC SERVICE COMMISSION MAY GRANT A CERTIFICATE TO OPERATE AS A TELEPHONE UTILITY TO APPLICANTS PROPOSING TO FURNISH LOCAL TELEPHONE SERVICE IN THE SERVICE TERRITORY OF AN "INCUMBENT LEC", SUBJECT TO CERTAIN CONDITIONS AND EXEMPTIONS, AND TO PROVIDE FOR RELATED MATTERS; TO AMEND THE 1976 CODE BY ADDING SECTION 58-9-576 SO AS TO PROVIDE THAT AN "INCUMBENT LEC" MAY ELECT TO HAVE RATES, TERMS, AND CONDITIONS PURSUANT TO THE PLAN DESCRIBED IN THIS SECTION, AND TO PROVIDE FOR RELATED MATTERS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 58-9-577 SO AS TO PROVIDE THAT, NOTWITHSTANDING SECTIONS 58-9-575 AND 58-9-576, A "SMALL LEC" MAY ELECT TO HAVE THE RATES, TERMS, AND CONDITIONS OF ITS SERVICES DETERMINED PURSUANT TO ALTERNATIVE FORMS OF REGULATION, WHICH MAY DIFFER AMONG COMPANIES AND MAY INCLUDE, BUT NOT BE LIMITED TO, PRICE REGULATION, RATHER THAN RATE OF RETURN OR OTHER FORMS OF EARNING REGULATION, AND TO PROVIDE FOR RELATED MATTERS.

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

H. 4743 -- Reps. Cotty, Sheheen, Riser and Witherspoon: A BILL TO AMEND SECTION 48-11-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION AND ELECTION OF THE GOVERNING BODY OF A WATERSHED CONSERVATION DISTRICT, SO AS TO CHANGE THE METHOD BY WHICH A CANDIDATE FOR WATERSHED DIRECTOR BECOMES QUALIFIED.

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

H. 4774 -- Rep. Fulmer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-227 SO AS TO PROVIDE A METHOD FOR VALUING HOMEOWNERS' ASSOCIATION PROPERTY FOR AD VALOREM TAX PURPOSES; AND TO AMEND SECTION 12-43-230, RELATING TO THE DEFINITIONS OF CERTAIN TYPES OF PROPERTY FOR AD VALOREM TAX PURPOSES SO AS TO DEFINE HOMEOWNERS' ASSOCIATION PROPERTY.

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

H. 4789 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-949 SO AS TO REQUIRE AN APPLICANT FOR A BUSINESS, OCCUPATIONAL, PROFESSIONAL, HUNTING, FISHING, OR DRIVER'S LICENSE OR WATERCRAFT REGISTRATION OR FOR RENEWAL OF A LICENSE OR REGISTRATION TO SUBMIT THE APPLICANT'S SOCIAL SECURITY NUMBER TO THE LICENSING ENTITY; TO AMEND SECTION 12-6-3470, RELATING TO EMPLOYER TAX CREDITS FOR EMPLOYING AID TO FAMILIES WITH DEPENDENT CHILDREN RECIPIENTS, SO AS TO REVISE THE CRITERIA FOR OBTAINING THIS CREDIT AND TO PROVIDE THAT UNUSED CREDIT MAY BE CARRIED FORWARD; TO AMEND SUBARTICLE 5, ARTICLE 9, CHAPTER 7, TITLE 20, AS AMENDED, RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, SO AS TO DEFINE "TRIBUNAL" AS NOT ONLY THE FAMILY COURTS OF THIS STATE BUT ALSO THE SUPPORT ENFORCEMENT AGENCY AND TO CHANGE REFERENCES FROM "FAMILY COURT" TO "TRIBUNAL"; TO AMEND SECTIONS 20-7-9505, 20-7-9510, 20-7-9515, 20-7-9520, 20-7-9525, 20-7-9530, 20-7-9540, 20-7-9545, AND 20-7-9560, ALL RELATING TO THE ADMINISTRATIVE PROCESS FOR ESTABLISHING AND ENFORCING PATERNITY AND CHILD SUPPORT, SO AS TO CLARIFY THAT THE "DIRECTOR" OF THE CHILD SUPPORT ENFORCEMENT DIVISION INCLUDES THE DIRECTOR'S DESIGNEES, TO CLARIFY THE NAME OF THE ADMINISTERING AGENCY, TO REVISE AND DELETE OBSOLETE TERMS, TO CLARIFY IN WHICH COUNTY VARIOUS DOCUMENTS MUST BE FILED, AND TO REVISE PROCEDURAL TIME FRAMES; TO AMEND SECTION 43-5-1125, RELATING TO SANCTIONS FOR FAILING TO COMPLY WITH WELFARE AGREEMENTS, SO AS TO CLARIFY THAT AN AFDC RECIPIENT WHO MEETS CERTAIN CRITERIA IS NOT REQUIRED TO COMPLY WITH EMPLOYMENT AND TRAINING PROVISIONS IN THE AGREEMENT; TO AMEND SECTION 43-5-585, RELATING TO THE REPORTING OF CHILD SUPPORT ARREARAGES TO CONSUMER CREDIT REPORTING AGENCIES, SO AS TO PROVIDE THAT INFORMATION MUST BE PROVIDED ON PERSONS WHO ARE IN ARREARS IN AN AMOUNT EQUAL TO TWO MONTHS' SUPPORT OBLIGATION RATHER THAN ON PERSONS WHO HAVE NOT MADE A PAYMENT FOR TWO CONSECUTIVE MONTHS; TO AMEND SECTION 43-5-1155, RELATING TO ENTREPRENEURIAL DEVELOPMENT, SO AS TO EXPAND THE DEPARTMENT'S AUTHORITY AND A CLIENT'S OPPORTUNITIES UNDER THIS PROGRAM; TO AMEND SECTION 43-5-1170, RELATING TO TIME LIMITATIONS PLACED ON RECEIVING WELFARE, SO AS TO PROVIDE THAT AN EXEMPTION APPLIES TO A PERSON WHO IS PERMANENTLY AND TOTALLY DISABLED RATHER THAN TO ONE WHO IS TOTALLY OR PERMANENTLY DISABLED; AND TO AMEND SECTION 43-5-1240, RELATING TO TRANSITIONAL MEDICAID AND CHILD CARE, SO AS TO PROVIDE TWO YEARS RATHER THAN ONE YEAR OF TRANSITIONAL CHILD CARE AND MEDICAID TO A PERSON WHO BECAME EMPLOYED AFTER LOSING ELIGIBILITY DUE TO EXCEEDING THE TWENTY-FOUR MONTH TIME LIMIT.

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

H. 4802 -- Rep. Harrison: A BILL TO AMEND SECTION 14-1-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIRED JUDGES OR JUSTICES BEING ASSIGNED TO PRESIDE IN CERTAIN COURTS BY THE CHIEF JUSTICE, SO AS TO ADD FAMILY COURT JUDGES TO THE LIST OF JUDGES WHO MAY BE ASSIGNED, TO PROVIDE THAT ALL SUCH JUDGES AND JUSTICES MAY SERVE IN ANY COURT WITHIN THE UNIFIED JUDICIAL SYSTEM, AND TO REVISE THE ELIGIBILITY REQUIREMENTS APPLICABLE TO SUCH JUDGES OR JUSTICES IN ORDER FOR THEM TO BE SO ASSIGNED.

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

H. 4803 -- Reps. Harrison and Wilkins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 17, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES, SO AS TO PERMIT THE SUPREME COURT TO REMOVE ANY JUDGE WITHIN THE UNIFIED JUDICIAL SYSTEM FROM OFFICE FOR MISCONDUCT, BREACH OF ANY ETHICAL OBLIGATION, HABITUAL INTEMPERANCE, OR PERSISTENT FAILURE TO PERFORM THE DUTIES OF THE OFFICE, AND ALSO TO PERMIT THE SUPREME COURT TO REMOVE OR RETIRE ANY JUDGE FROM OFFICE UPON A FINDING OF MENTAL OR PHYSICAL INCAPACITY RATHER THAN DISABILITY WHICH SERIOUSLY INTERFERES WITH THE PERFORMANCE OF HIS DUTIES WHICH IS OR IS LIKELY TO BECOME PERMANENT.

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

H. 4805 -- Rep. Harrison: A BILL TO AMEND SECTIONS 1-3-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS OF OFFICERS REMOVED BY THE GOVERNOR; 1-23-390, RELATING TO JUDICIAL REVIEW OF CERTAIN ADMINISTRATIVE PROCEDURES ACT APPEALS; 4-27-320, RELATING TO APPEALS OF CIRCUIT COURT DECISIONS INVOLVING COUNTY BOARD OF ADJUSTMENT CASES; 4-27-630, RELATING TO APPEALS OF CERTAIN COUNTY PLANNING CASES; 6-7-790, RELATING TO APPEALS OF ZONING DECISIONS; 6-29-850, RELATING TO APPEALS OF BOARD OF ZONING APPEALS DECISIONS; 6-29-940, RELATING TO APPEALS OF BOARD OF ARCHITECTURAL REVIEW DECISIONS; 14-11-85, RELATING TO APPEALS FROM FINAL JUDGMENTS ENTERED BY A MASTER-IN-EQUITY; 17-27-100, RELATING TO JUDICIAL REVIEWS OF POST-CONVICTION RELIEF DECISIONS; 20-7-2220, RELATING TO APPEALS OF FAMILY COURT DECISIONS PERTAINING TO THE COMMITMENT OR CUSTODY OF CHILDREN; 34-29-180, RELATING TO JUDICIAL REVIEW OF CONSUMER FINANCE LAW DECISIONS; 37-6-108, RELATING TO REVIEW OF ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS; 37-6-415, RELATING TO JUDICIAL REVIEW OF CONTESTED CASES UNDER THE CONSUMER PROTECTION CODE; 39-37-100, RELATING TO JUDICIAL REVIEW OF CERTAIN DEPARTMENT OF AGRICULTURE DECISIONS; 41-31-630 AND 41-35-750, RELATING TO APPEAL OF CERTAIN EMPLOYMENT SECURITY COMMISSION DECISIONS; 42-17-40, AS AMENDED, RELATING TO APPEAL OF CERTAIN WORKER'S COMPENSATION COMMISSION AWARDS; 44-17-620, RELATING TO APPEALS OF PROBATE COURT ORDERS REGARDING THE COMMITMENT OF MENTALLY ILL PERSONS; 49-19-1080, RELATING TO APPEAL OF DRAINAGE AND WATER RECLAMATION DECISIONS; 57-5-1120, RELATING TO JUDICIAL REVIEW OF DEPARTMENT OF TRANSPORTATION DECISIONS PERTAINING TO PRIVATE DRIVEWAYS AND SIDE-ROAD ENTRANCES; 58-5-360, RELATING TO APPEALS OF PUBLIC SERVICE COMMISSION DECISIONS PERTAINING TO GAS, HEAT, WATER, AND SEWAGE COMPANIES; 58-9-1470, RELATING TO APPEALS OF ORDERS OF THE PUBLIC SERVICE COMMISSION PERTAINING TO TELEPHONE AND TELEGRAPH COMPANIES; 59-25-260, RELATING TO APPEALS OF STATE BOARD OF EDUCATION ORDERS PERTAINING TO TEACHERS; 59-25-480, RELATING TO APPEALS OF SCHOOL DISTRICT BOARD OF TRUSTEES' DECISIONS PERTAINING TO TEACHERS; AND 59-25-830, RELATING TO DECISIONS OF STATE BOARD OF EDUCATION PERTAINING TO DISCRIMINATION AGAINST TEACHERS, SO AS TO PROVIDE THAT THESE APPEALS OR REVIEWS MUST BE TAKEN IN THE MANNER PROVIDED BY THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTIONS 1-7-140, RELATING TO ANNUAL REPORTS TO THE GENERAL ASSEMBLY BY THE ATTORNEY GENERAL; 2-13-60, RELATING TO DUTIES OF THE CODE COMMISSIONER; 2-13-80, RELATING TO ANNUAL CUMULATIVE SUPPLEMENTS TO THE SOUTH CAROLINA CODE OF LAWS; 14-1-40, RELATING TO THE DEFINITION OF A CLERK FOR CERTAIN COURT PURPOSES; 14-8-210, AS AMENDED, RELATING TO REVIEW BY THE SUPREME COURT OF COURT OF APPEALS' DECISIONS; 15-1-60, RELATING TO THE DEFINITION OF A CLERK FOR PURPOSES OF CIVIL REMEDIES AND PROCEDURES; 15-1-260, RELATING TO PAYMENTS OF DEPOSITS IN LIEU OF BONDS; 15-17-550, RELATING TO ARREST AND BAIL APPEAL PROCEEDINGS; 17-4-70, RELATING TO DUTIES OF THE OFFICE OF APPELLATE DEFENSE, 17-15-200, RELATING TO PERSONS TO WHOM A DEPOSIT IN LIEU OF BOND OR RECOGNIZANCE MUST BE PAID; 18-1-20, RELATING TO CERTAIN DEFINITIONS IN REGARD TO CIVIL AND CRIMINAL APPEALS; 18-9-10, 18-9-30, 18-9-40, AND 18-9-270, ALL RELATING TO APPEALS TO THE SUPREME COURT; 27-40-800, RELATING TO LANDLORD AND TENANT APPEALS; 38-59-40, AS AMENDED, RELATING TO LIABILITY FOR ATTORNEYS' FEES WHERE AN INSURER HAS REFUSED TO PAY A CLAIM AND APPEALS THEREFROM; 38-63-90, RELATING TO AUTHORIZATION OF ATTORNEYS' FEES WHERE A LIFE INSURER REFUSES TO PAY A CLAIM AND APPEALS THEREFROM; 39-3-190, RELATING TO ENFORCEMENT OF TRUST AND MONOPOLY PROVISIONS BY THE ATTORNEY GENERAL; 42-1-650, RELATING TO LIMITATIONS ON CERTAIN WORKERS' COMPENSATION ACTIONS; 50-5-130, RELATING TO PROSECUTION OF FISH, GAME, AND WATERCRAFT VIOLATORS; 59-25-270, RELATING TO REVOCATION OR SUSPENSION OF TEACHERS' CERTIFICATES AND APPEALS THEREFROM; 62-1-308, RELATING TO APPEALS FROM THE PROBATE COURT UNDER THE SOUTH CAROLINA PROBATE CODE, SO AS TO INCLUDE REFERENCES THEREIN TO THE COURT OF APPEALS OR TO CLARIFY REFERENCES THEREIN TO THE COURT OF APPEALS OR OTHER COURTS; TO AMEND SECTIONS 1-7-40, RELATING TO APPEARANCES FOR THE STATE IN THE SUPREME COURT BY THE ATTORNEY GENERAL, SO AS TO CLARIFY A REFERENCE THEREIN TO THE SUPREME COURT; 14-1-70, RELATING TO THE LISTING OF THE COURTS OF JUSTICE IN THIS STATE, SO AS TO INCLUDE THE COURT OF APPEALS THEREIN AND DELETE VARIOUS OBSOLETE REFERENCES; 14-8-200, RELATING TO JURISDICTION OF THE COURT OF APPEALS, SO AS TO FURTHER PROVIDE FOR THIS JURISDICTION; 14-8-260, RELATING TO DETERMINATION OF CASES ASSIGNED TO THE COURT OF APPEALS, SO AS TO PROVIDE THAT THE SUPREME COURT SHALL SPECIFY BY RULE WHETHER OR NOT THE NOTICE OF APPEAL SHALL BE FILED INITIALLY WITH THE SUPREME COURT OR COURT OF APPEALS AND TO ESTABLISH PROCEDURES FOR THE FILING OF THESE NOTICES OF APPEAL; 15-51-42, RELATING TO APPROVAL OF SETTLEMENTS OF WRONGFUL DEATH OR SURVIVAL ACTIONS, SO AS TO SPECIFY THE PARTICULAR COURTS TO WHICH CERTAIN PETITIONS SHALL BE ADDRESSED; 18-9-150, RELATING TO DEPOSITS OR SURETY WHEN A JUDGMENT REQUIRES DELIVERY OF DOCUMENTS; 18-9-160, RELATING TO STAYING A JUDGMENT TO EXECUTE A CONVEYANCE; 18-9-220, RELATING TO WHEN NOTICE OF APPEAL STAYS LOWER COURT PROCEEDINGS, SO AS TO SPECIFY WHICH APPELLATE COURT IS ENTITLED TO ISSUE CERTAIN ORDERS OR ISSUE BINDING JUDGMENTS IN REGARD THERETO; TO REPEAL SECTIONS 14-8-540, RELATING TO PROCEDURES FOR APPEALS TO THE COURT OF APPEALS; 15-37-150, RELATING TO CASES ON APPEAL TO THE SUPREME COURT; AND 17-4-90, RELATING TO WHEN TIME TO APPEAL COMMENCES IN CERTAIN CASES INVOLVING INDIGENT PERSONS.

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

H. 4830 -- Rep. Harrison: BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, BY ADDING CHAPTER 44 SO AS TO ENACT THE UNIFORM LIMITED LIABILITY COMPANY ACT OF 1996 SO AS TO PROVIDE FOR THE MANNER, CONDITIONS, AND PROCEDURES UNDER WHICH LIMITED LIABILITY COMPANIES SHALL BE OPERATED AND GOVERNED BEGINNING GENERALLY ON JANUARY 1, 2001, IN CONFORMITY WITH RECENT CHANGES IN FEDERAL REGULATORY DECISIONS REGARDING LIMITED LIABILITY COMPANIES; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE DEPARTMENT OF REVENUE AND TAXATION DISCLOSING TAXPAYER RECORDS AND REPORTS, SO AS TO PERMIT DISCLOSURE OF SUCH INFORMATION TO THE SECRETARY OF STATE UNDER CERTAIN CONDITIONS; AND TO REPEAL CHAPTER 43 OF TITLE 33 RELATING TO LIMITED LIABILITY COMPANIES EFFECTIVE JANUARY 1, 2001.

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

H. 4847 -- Reps. Wilkins and Harrison: A BILL TO AMEND SECTION 24-21-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN COURTS' AUTHORITY TO GRANT A PROBATIONARY SENTENCE, OR IMPOSE A FINE AND A PROBATIONARY SENTENCE FOR CERTAIN OFFENSES, SO AS TO PROVIDE THAT PROBATION IS A FORM OF CLEMENCY; AND TO AMEND SECTION 24-21-430, AS AMENDED, RELATING TO THE CONDITIONS OF PROBATION A COURT MAY IMPOSE, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES SHALL DEVELOP POLICIES AND PROCEDURES FOR IMPOSING CONDITIONS OF SUPERVISION ON PROBATIONERS.

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

H. 4896 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, PILOTAGE COMMISSION, PORT OF PORT ROYAL, RELATING TO APPRENTICESHIP SELECTION PROCESS: PILOT AND APPRENTICE AGE LIMITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1909, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4897 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RESIDENTIAL BUILDERS COMMISSION, RELATING TO QUALIFICATIONS FOR LICENSURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1908, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4898 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT, LAND APPLICATION OF SOLID WASTE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1895, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4899 -- Reps. Walker, Allison, Lanford, Wells, Littlejohn and Lee: A JOINT RESOLUTION TO PROVIDE THAT CERTAIN SCHOOL DAYS MISSED BY STUDENTS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOL WAS CLOSED DUE TO WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

H. 4956 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO UNIFORM CLASSIFICATION AND TERRITORIAL PLAN, AUTOMOBILE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1929, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4958 -- Reps. Spearman and Clyburn: A BILL TO AMEND SECTION 7-7-480, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SALUDA COUNTY, SO AS TO DELETE THE DENNY PRECINCT FROM THE LIST OF VOTING PRECINCTS.

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

Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:

H. 3055 -- Reps. Kirsh, Simrill, Allison, Baxley, Lloyd and S. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-120 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF A SCHOOL DISTRICT TO GRANT FOREIGN LANGUAGE CREDIT FOR A COURSE IN AMERICAN SIGN LANGUAGE.

Ordered for consideration tomorrow.

Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:

H. 3228 -- Reps. Neilson, Cain, McMahand, Littlejohn, Meacham, Hallman, Rice, L. Whipper, White, Simrill, Jaskwhich, Elliott, Whatley, Herdklotz, Easterday, Haskins, Seithel, Davenport and Limehouse: A BILL TO AMEND SECTION 20-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUAL RIGHTS OF PARENTS, SO AS TO PROVIDE THAT BOTH CUSTODIAL AND NONCUSTODIAL PARENTS HAVE THE RIGHT TO PARTICIPATE IN THEIR CHILDREN'S SCHOOL ACTIVITIES.

Ordered for consideration tomorrow.

Senator SETZLER from the Committee on Education submitted a favorable report on:

H. 4407 -- Rep. D. Smith: A BILL TO AMEND SECTION 59-47-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF COMMISSIONERS OF THE SCHOOL FOR THE DEAF AND THE BLIND, SO AS TO ADD A MEMBER TO THE BOARD APPOINTED BY THE GOVERNOR FROM THE STATE AT LARGE TO REPRESENT THE GENERAL PUBLIC.

Ordered for consideration tomorrow.

Columbia, S.C., April 18, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

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.
asks for a Committee of Conference, and has appointed Reps. Harrell, McKay and White of the committee on the part of the House.

Very respectfully,
Speaker of the House

Whereupon, the PRESIDENT appointed Senators MARTIN, RICHTER and ALEXANDER of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Columbia, S.C., April 17, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

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

Very respectfully,
Speaker of the House

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

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

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

H. 3742 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-212 SO AS TO PROVIDE CRIMINAL PENALTIES FOR PERFORMING DENTISTRY, DENTAL HYGIENE, OR DENTAL TECHNOLOGICAL WORK IN VIOLATION OF TITLE 40, CHAPTER 15; AND TO AMEND SECTIONS 40-15-120, 40-15-150, AND 40-15-340, ALL RELATING TO CRIMINAL PENALTIES FOR SPECIFIC VIOLATIONS, SO AS TO INCREASE THE MAXIMUM FINE FROM ONE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS.

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

H. 3746 -- Reps. Carnell, Klauber and McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-90 SO AS TO AUTHORIZE MUZZLELOADER HUNTS IN GAME ZONE 2.

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

S. 1122 -- Senator Giese: A JOINT RESOLUTION EXTENDING THE DEADLINE FOR APPLYING FOR AGRICULTURAL USE VALUATION FOR PROPERTY TAX YEAR 1995 THROUGH JULY 1, 1996.

S. 778 -- Senator Thomas: A BILL TO AMEND SECTION 17-22-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS NOT TO BE CONSIDERED FOR ADMISSION TO THE PRETRIAL INTERVENTION PROGRAM, SO AS TO PROVIDE THAT A PERSON CHARGED WITH COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT ON A CHILD UNDER FOURTEEN YEARS OF AGE MAY NOT BE CONSIDERED FOR ADMISSION INTO THE PROGRAM.

S. 1124 -- Senator Fair: A BILL TO AMEND SECTION 16-3-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO HOMICIDE BY CHILD ABUSE, SO AS TO REVISE THE AGE OF A VICTIM OF THIS OFFENSE.

S. 1152 -- Senator Fair: A BILL TO AMEND SECTION 16-15-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT UPON CERTAIN CHILDREN, SO AS TO REVISE THE AGES OF A VICTIM AND A PERPETRATOR OF THIS OFFENSE.

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

The following Bills and Joint Resolution having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:

S. 1362 -- Senator Ryberg: A BILL TO PROHIBIT THE CITY OF AIKEN, BY CONTRACT OR OTHERWISE, FROM REQUIRING PERSONS OUTSIDE THE CITY RECEIVING WATER, SEWER, OR FIRE PROTECTION SERVICES TO REFRAIN FROM OPPOSING ANNEXATION AS A CONDITION OF CONTINUED RECEIPT OF WATER, SEWER, OR FIRE PROTECTION SERVICES, IF THE CITY EXTENDED WATER, SEWER, OR FIRE PROTECTION SERVICES TO THE PERSON PRIOR TO JANUARY 1, 1995, WITHOUT SUCH A REQUIREMENT.

H. 4490 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-775 SO AS TO REQUIRE THE SOUTH CAROLINA REINSURANCE FACILITY ANNUALLY TO DEVELOP AND FILE PHYSICAL DAMAGE LOSS COMPONENTS FOR AUTOMOBILE INSURANCE COVERAGES; TO AMEND SECTIONS 37-2-202 AND 37-3-202, BOTH AS AMENDED, RELATING TO ADDITIONAL CHARGES A CREDITOR AND CONSUMER LENDER, RESPECTIVELY, MAY CHARGE, SO AS TO REQUIRE THAT WHEN SINGLE INTEREST COLLISION COVERAGE IS WRITTEN IN CONNECTION WITH THE PURCHASE OF A MOTOR VEHICLE, NOTICE MUST BE GIVEN THAT THE COVERAGE IS FOR THE BENEFIT OF THE CREDITOR AND OF OTHER OPTIONS AVAILABLE TO THE BUYER; TO AMEND SECTION 38-77-10, AS AMENDED, RELATING TO THE PURPOSES OF THE AUTOMOBILE INSURANCE CHAPTER, SO AS TO CLARIFY THAT THE PURPOSES APPLY TO THE BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY AUTOMOBILE INSURANCE; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS UNDER AUTOMOBILE INSURANCE, SO AS TO ADD THE DEFINITION OF "FACILITY PHYSICAL DAMAGE RATE"; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE REQUIREMENT TO WRITE AUTOMOBILE INSURANCE, SO AS TO CLARIFY THAT THIS REQUIREMENT APPLIES TO BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY COVERAGES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN COVERAGE REQUIREMENTS, TO ALLOW RATHER THAN REQUIRE INSURERS TO MAKE AVAILABLE COLLISION COVERAGE AND COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE, TO AUTHORIZE CEDING PHYSICAL DAMAGE INSURANCE COVERAGE TO THE FACILITY, TO PROHIBIT DISCRIMINATION ON CERTAIN GROUNDS IN DETERMINING RATES OR WHETHER TO WRITE OR RENEW COVERAGE, AND TO PROVIDE PENALTIES AND TO AMEND SECTION 38-77-920, AS AMENDED, RELATING TO DUTIES AND RIGHTS OF INSURERS AND AGENTS, SO AS TO CLARIFY THAT AUTOMOBILE INSURANCE REFERS TO BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY.

Senator McCONNELL explained the Bill.

H. 4585 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-275 SO AS TO PROVIDE THAT NO INSURANCE POLICY WHICH PROVIDES COVERAGE FOR DRUGS SHALL EXCLUDE COVERAGE OF CERTAIN DRUGS USED FOR THE TREATMENT OF CANCER ON THE GROUNDS THAT THE DRUG HAS NOT BEEN APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR THE SPECIFIC TYPE OF CANCER FOR WHICH THE DRUG HAS BEEN PRESCRIBED, AND TO PROVIDE FOR RELATED MATTERS.

Senators SALEEBY and McCONNELL explained the Bill.

S. 1361 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO UNIFORM CLASSIFICATION AND TERRITORIAL PLAN, AUTOMOBILE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1929, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4382 -- Reps. Harrison, Herdklotz, J. Young, Jennings, Riser and Allison: A BILL TO AMEND SECTION 20-4-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDERS FOR PROTECTION FROM DOMESTIC ABUSE, SO AS TO CONFORM THE STATEMENT PERTAINING TO CRIMINAL VIOLATIONS REQUIRED IN SUCH AN ORDER TO AN INCREASE IN THE CRIMINAL PENALTY FOR THIS OFFENSE.

H. 4716 -- Reps. D. Smith, Tucker, Jennings and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-1015 SO AS TO MAKE AGREEMENTS BETWEEN A BEER WHOLESALER AND AN IMPORTER OF BEER PRODUCED BY A BREWER OUTSIDE OF THE UNITED STATES BINDING ON ANY SUCCESSOR IMPORTER OF BEER PRODUCED BY THAT FOREIGN BREWER AND TO GIVE THIS PROVISION PROSPECTIVE APPLICATION.

Senator COURTNEY explained the Bill.

H. 4727 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-13-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE TAKING OF STRIPED BASS LESS THAN TWENTY-ONE INCHES UNDER CERTAIN CONDITIONS, SO AS TO FURTHER PROVIDE FOR THOSE RIVERS, RESERVOIRS, AND THEIR TRIBUTARIES WHERE IT IS UNLAWFUL TO TAKE OR POSSESS STRIPED BASS LESS THAN TWENTY-ONE INCHES.

S. 929 -- Senators McConnell, Ryberg and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-285 SO AS TO PROVIDE A PROCEDURE FOR THE REDUCTION OF THE CORPORATE LIMITS OF A MUNICIPALITY WHEN A FREEHOLDER'S PROPERTY HAS BEEN ANNEXED BY THAT MUNICIPALITY USING THE METHOD OF ANNEXATION PROVIDED IN SECTION 5-3-150, UNDER CERTAIN CONDITIONS, AND PROVIDE A PROCEDURE BY WHICH THE FREEHOLDER'S PROPERTY MAY BE ANNEXED BY ANOTHER MUNICIPALITY IF IT IS CONTIGUOUS OR REVERT TO BEING UNINCORPORATED PROPERTY.

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

The Judiciary Committee proposed the following amendment (JUD0929.002), which was adopted:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:

TO AMEND SECTION 5-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGREEMENT UPON TERMS OF CONSOLIDATION, SO AS TO PROVIDE THAT WHEN THE CORPORATE LIMITS OF ANY MUNICIPALITY ARE ENLARGED BY INCLUSION OF TERRITORY OF ANOTHER ADJACENT MUNICIPALITY IN WHOLE OR IN PART, THE GOVERNING BODIES OF THE MUNICIPALITIES MAY, AFTER PUBLIC HEARING, STIPULATE AND AGREE UPON TERMS OF CONSOLIDATION OR BOUNDARY ADJUSTMENT BY ORDINANCE ADOPTED BY EACH MUNICIPALITY.

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

SECTION   1.   Section 5-3-40 of the 1976 Code is amended to read:

"Section 5-3-40.   Whenever it is proposed to extend the corporate limits of any city or town in this State municipality under the provisions of this chapter when the territory proposed to be annexed be in whole or in part an incorporated municipality the city or town and such adjacent territory may stipulate and agree upon terms of consolidation, and such stipulations shall become a binding contract upon the city or town when enlarged, if such stipulations shall be printed in full, or fully identified by reference to some easily accessible publication in full thereof, on the ballots used at the election held under the provisions of this chapter both in the city or town seeking enlargement and in the territory or portion of the territory sought to be included by inclusion of territory of another adjacent municipality in whole or in part, the governing bodies of the municipalities may, after public hearing, stipulate and agree upon terms of consolidation or boundary adjustment by ordinance adopted by each municipality, which shall be binding upon the enlarged municipality, and the consolidation or adjustment shall be effective on the date of adoption of the final ordinance."

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

Senators COURTNEY and McCONNELL explained the amendment.

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

H. 3566 -- Reps. Harrison, Cobb-Hunter, Shissias, Quinn, Govan, Martin, Wright, Thomas, Kinon, Haskins, Allison, Neal and Limbaugh: A BILL TO AMEND TITLE 20, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 30 SO AS TO ENACT THE JUVENILE JUSTICE CODE BY CONSOLIDATING INTO ONE ARTICLE ALL PROVISIONS OF LAW IN VARIOUS PARTS OF TITLE 20, CHAPTER 7, RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE AND RELATING TO DELINQUENCY PROCEEDINGS AND PROCEDURES; TO REPEAL SECTIONS 20-7-330, 20-7-340, 20-7-350, 20-7-360, 20-7-370, 20-7-380, 20-7-390, 20-7-430, 20-7-600, 20-7-605, 20-7-620, 20-7-630, 20-7-740, 20-7-770, 20-7-780, 20-7-1330, 20-7-2080, 20-7-2095, 20-7-2105, 20-7-2115, 20-7-2125, 20-7-2135, 20-7-2145, 20-7-2155, 20-7-2170, 20-7-2175, 20-7-2180, 20-7-2185, 20-7-2190, 20-7-2195, 20-7-2200, 20-7-2203, 20-7-2205, 20-7-2210, 20-7-3100, 20-7-3110, 20-7-3120, 20-7-3130, 20-7-3170, 20-7-3180, 20-7-3190, 20-7-3200, 20-7-3210, 20-7-3220, 20-7-3230, 20-7-3235, 20-7-3240, 20-7-3260, 20-7-3270, 20-7-3280, 20-7-3290, 20-7-3300, 20-7-3310, 20-7-3320, 20-7-3330, 20-7-3340, 20-7-3350, 20-7-3360, 20-7-3370, 20-7-3380, AND 20-7-4000, ALL RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE AND DELINQUENCY PROCEEDINGS AND PROCEDURES IN TITLE 20, CHAPTER 7 WHICH ARE CONSOLIDATED INTO ARTICLE 30 AS PROVIDED ABOVE.

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

Senator BRYAN proposed the following amendment (3566R001.JEB), which was adopted:

Amend the committee report, as and if amended, Section 20-7-8040, page 3566-2, line 16, by striking line 16 and inserting the following:

/when the child is committed to or detained in the custody of an approved local/.

Renumber sections to conform.

Amend title to conform.

Senator BRYAN explained the amendment.

The Judiciary Committee proposed the following amendment (PFM\9248AC.96), which was adopted:

Amend the bill, as and if amended, Article 30, subarticle 9, page 19, by inserting after line 12:

/Section 20-7-7420.   Notwithstanding Title 17, Chapter 3, Defense of Indigents, in determining indigence for the purpose of appointing legal counsel for a child in a delinquency proceeding, the court shall determine the financial ability of the child's parents to retain counsel for the child. If the court determines that the parents are able to retain counsel for the child but the parents refuse to retain counsel and the court appoints counsel, the parents shall reimburse the Indigent Defense Fund in an amount to be determined by the court./

Amend further, Section 20-7-7810, page 24, beginning on line 35, by deleting subsection (E) and inserting:

/(E)   A juvenile committed to the Department of Juvenile Justice following an adjudication for a violent offense contained in Section 16-1-60 or for the offense of assault and battery of a high and aggravated nature, who has not been paroled or released from the custody of the department by his seventeenth birthday must be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections. A juvenile who has not been paroled or released from the custody of the department by his nineteenth birthday must be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections at age nineteen. If not released sooner by the Department of Corrections, a transferred juvenile must be released by his twenty-first birthday according to the provisions of his commitment. Notwithstanding the above provision, a juvenile committed as an adult offender by order of the Court of General Sessions shall be considered for parole or other release according to the laws pertaining to release of adult offenders./

Amend further, Article 30, subarticle 15, page 28, by inserting after line 11:

/Section 20-7-8040.   Whenever a child is committed by the court to custody other than that of the child's parents or is given medical, psychological, or psychiatric treatment under order of the court, the solicitor of the county where the child is a resident may petition the court to order the parent or parents of the child to pay child support when the child is committed to or detained in the custody of a county detention facility or the Department of Juvenile Justice. If the parents of the child are living apart, the court shall pursue child support payments from both parents. The court, after giving the parent a reasonable opportunity to be heard, may order the parent to pay, in the manner the court directs, in accordance with child support guidelines promulgated by the Department of Social Services to cover in whole or in part the support and treatment of the child. In making its determination whether to order child support, the court shall consider the conduct of the parent in supervising and providing care for the child. If the parent wilfully fails or refuses to pay the amount ordered, the court may proceed against the parent for contempt./

Amend further, SECTION 2 of the bill, page 47, line 4, by inserting: /20-7-112/ immediately before /20-7-330/.

Amend further, SECTION 2 of the bill, page 47, line 7, by inserting /20-7-1340/ immediately before /20-7-2080/.

Amend further, page 47, by deleting SECTION 4 of the bill and inserting:

/SECTION   3.   This act takes effect July 1, 1996, and the provisions of Section 20-7-7810(E) and (F), as amended by SECTION 1 of this act apply to crimes committed on or after January 1, 1996./

Renumber sections to conform.

Amend totals and title to conform.

Senator COURTNEY explained the amendment.

Senator BRYAN proposed the following amendment (3566R002.JEB), which was adopted:

Amend the bill, as and if amended, page 6, by striking lines 26-29 and inserting in lieu thereof the following:

/or management. Beginning with the report to the board which is due no later than September 1, 1996, the department must include an annual status report on the numbers of juveniles in pre-trial detention who are awaiting disposition in General Sessions Court, whether they have been waived by the Family Court or whether they qualify due to the offense with which they are charged. The board then will coordinate with all responsible and affected agencies and entities to ensure that adequate funding is identified to prevent the detention or incarceration of juveniles who are awaiting disposition by, or who are under the jurisdiction of, the Family Court in adult jails anywhere within the State of South Carolina and to prevent the detention of juveniles who are awaiting disposition by General Sessions Court in facilities which do not provide actual sight and sound separation from adults who are in detention or custody. Upon/.

Amend the bill further, as and if amended, page 8, line 5, by striking after /located./ through to line 7, and inserting in lieu thereof the following:

/It shall be the responsibility of the school district where a local detention center which has been approved to detain juveniles is located to provide adequate teaching staff and to ensure compliance with the educational requirements of this State. Students housed in approved local detention centers are to be included in the average daily membership count of students for that district and reimbursement by the Department of Education shall be made accordingly. Services which are arranged locally must be approved by the Department of Juvenile Justice as meeting all criteria developed under the authority of Section 20-7-6855./.

Amend the bill further, as and if amended, page 9, after line 15, by inserting the following:

/Funds previously received by the Department of Juvenile Justice from the South Carolina Department of Education for programs now being consolidated under the Education Finance Act shall be disbursed to the Department of Juvenile Justice by the Department of Education from the appropriation provided in the annual general appropriations act and entitled "Education Finance Act." The amount to be disbursed to the Department of Juvenile Justice must be sufficient to produce funds equal to the product of the number of students served by the Department of Juvenile Justice weighted according to the criteria established by the South Carolina Department of Education under the provisions of the Education Finance Act and the state portion of the appropriated value statewide of the base student cost, adjusted for twelve months operation. The Department of Juvenile Justice shall comply with the provisions of subsection (4) of Section 59-20-50 and subsections (1), (2), (3)(a), (4)(b), (c), (d), (e), and (f) of Section 59-20-60. The South Carolina Department of Education annually shall determine that these provisions are being met and include its findings in the report mandated in subsection (5)(e) of Section 59-20-60. If the accreditation standards set forth in the Defined Minimum Program for the Department of Juvenile Justice as approved by the State Board of Education are not met, funds by this section shall be reduced the following fiscal year according to the provisions set forth in the Education Finance Act./.

Amend the bill further, as and if amended, SECTION 2, page 47, by striking lines 14 and 15 and inserting in lieu thereof the following:

/20-7-3360, 20-7-3370, 20-7-3380, 20-7-4000, and 24-3-25 of the 1976 Code are repealed./.

Renumber sections to conform.

Amend title to conform.

Senator BRYAN explained the amendment.

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

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

H. 4754 -- Reps. Townsend and Cooper: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REDESIGNATE THE PRECINCTS AND ADD AN OFFICIAL DOCUMENT DESIGNATION WHICH IS KEPT ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD AND DELETE A PROVISION CONCERNING THE ANNEXATION OF AREA TO THE CITY OF ANDERSON.

On motion of Senator O'DELL, H. 4754 was ordered to receive a third reading on Wednesday, April 24, 1996.

S. 1219 -- Education Committee: A BILL TO AMEND SECTION 59-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO KINDERGARTEN PROGRAMS, SO AS TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 1996-97, THE BOARD OF TRUSTEES OF A DISTRICT SHALL IMPLEMENT FULL-DAY AS WELL AS HALF-DAY FIVE-YEAR-OLD KINDERGARTEN PROGRAMS, TO PROVIDE THAT PARENTS OF CHILDREN WHO ARE ELIGIBLE TO ATTEND FIVE-YEAR-OLD KINDERGARTEN MAY ELECT AT THEIR OPTION EITHER THE FULL-DAY OR HALF-DAY PROGRAM FOR THEIR CHILDREN, TO REQUIRE CERTAIN NOTICES FOR PURPOSES OF THESE KINDERGARTEN PROGRAMS, AND TO PROVIDE FOR THE MANNER IN WHICH CHILDREN ATTENDING THESE PROGRAMS SHALL BE COUNTED FOR PURPOSES OF COMPUTING AVERAGE DAILY MEMBERSHIP; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-35-20 SO AS TO PROVIDE PROCEDURES FOR SCHOOL DISTRICTS AND SCHOOLS TO OBTAIN WAIVERS FROM THE ABOVE REQUIREMENTS THAT FULL-DAY AND HALF-DAY FIVE-YEAR-OLD KINDERGARTEN PROGRAMS BE ESTABLISHED.

S. 556 -- Senator Russell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE 2 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO AUTHORIZE A PERSON WHO ATTAINS THE AGE OF EIGHTEEN BY THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER TO BE AN ELECTOR FOR THE CALENDAR YEAR IN WHICH THE PERSON HAS ATTAINED THE AGE OF EIGHTEEN.

S. 1235 -- Senator McConnell: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FAMILY COURT'S EXCLUSIVE JURISDICTION, SO AS TO ALLOW EXPUNGEMENT OF A MINOR'S RECORD PURSUANT TO SECTIONS 20-7-1335, 17-1-40, 17-22-150, 34-11-90, AND 44-53-450.

S. 1306 -- Senator Giese: A BILL TO AMEND SECTION 50-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ARREST OF AND BAIL FOR PERSONS APPREHENDED BY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE FOR AN OFFICIAL SUMMONS TO BE USED BY THE OFFICERS FOR CERTAIN OFFENSES AND REVISE THE PROVISIONS FOR ARREST AND BAIL.

S. 583 -- Senator Russell: A BILL TO AMEND SECTION 7-5-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS AND DISQUALIFICATIONS FOR REGISTRATION TO VOTE, SO AS TO CHANGE THE AGE QUALIFICATION TO BE CONSISTENT WITH PROPOSED CONSTITUTIONAL REQUIREMENTS FOR ALLOWING A CITIZEN WHO HAS NOT ATTAINED THE AGE OF EIGHTEEN TO BE A QUALIFIED ELECTOR.

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

The Judiciary Committee proposed the following amendment (JUD0583.001), which was adopted:

Amend the bill, as and if amended, page 2, line 1, by striking SECTION 2 in its entirety and inserting therein the following:

/SECTION   2.   Section 7-5-180 of the 1976 Code is amended to read:

"Section 7-5-180.   Except as otherwise provided by law, In case any a person who has not attained the age of eighteen years before the closing of the books of registration preceding any election, including presidential primary elections, but attains that age before the next ensuing election appears before the board of registration and makes application for registration, under oath as to the facts above stated entitling a person to registration, the board shall register the applicant, if he is otherwise qualified. Any person not laboring under the disabilities named in the Constitution and in Section 7-5-120 and whose qualification as an elector is completed after the closing of the registration books, but before the next ensuing election, has the right to apply for and secure registration at any time within one hundred twenty days immediately preceding the closing of the books for the election or for the primary election preceding the election. Written notification of approval or rejection must be issued personally or mailed by the board to each applicant on a form to be prescribed and provided by the State Election Commission. The decision of the board of registration may be appealed as provided by Section 7-5-230."

SECTION   3.   This act takes effect on the ratification of the amendment to Section 4, Article II of the Constitution of this State to change the age qualification to vote./

Amend title to conform.

Senator COURTNEY explained the amendment.

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

S. 604 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-114 SO AS TO PROVIDE THAT PASSENGER VANS OWNED OR OPERATED BY LOCAL CHAPTERS OF THE NATIONAL FEDERATION OF THE BLIND OF SOUTH CAROLINA MUST BE INSURED FOR MINIMUM AUTOMOBILE INSURANCE COVERAGES AT THE SAME STANDARD RATES AS ANY COMPARABLE PASSENGER VAN OWNED OR OPERATED BY ANY STATE AGENCY, AND REQUIRE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO ENFORCE THESE PROVISIONS BY APPROPRIATE REGULATIONS, RULINGS, OR ORDERS.

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 (604MLP.GFM), which was adopted:

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

/"SECTION   1.   The 1976 Code is amended by adding:

"Section 38-77-114. Every passenger van owned or operated by any local chapter of the National Federation of the Blind of South Carolina must be insured for minimum automobile insurance coverages at the same standard rates as any comparable fifteen passenger church bus.

The Director of the Department of Insurance shall enforce the provisions of this section by appropriate regulations, rulings, or orders."

SECTION   2.   This act takes effect upon the approval of the Governor."

Amend title to conform.

Senator SALEEBY explained the amendment.

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

On motion of Senator SALEEBY, S. 604 was ordered to receive a third reading on Wednesday, April 24, 1996.

S. 1147 -- Senator Hayes: A BILL TO AMEND SECTION 16-13-425, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL FAILURE TO RETURN A LEASED OR RENTED VIDEO OR CASSETTE TAPE, SO AS TO PROVIDE THAT NOTICE OF THE EXPIRATION OF THE LEASE OR RENTAL PERIOD MUST BE PROVIDED TO THE LESSOR OR RENTER.

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

The Judiciary Committee proposed the following amendment (JUD1147.001), which was adopted:

Amend the bill, as and if amended, page 2, beginning on line 3, in Section 16-13-425(B), as contained in SECTION 1, by striking subsection (B) in its entirety and inserting therein the following:

/(B)   As a prerequisite for a warrant to be issued pursuant to this section, notice of the expiration of the lease or rental period must be given by the merchant by certified mail, addressed to the person at the address recorded on the lease or rental contract. The giving of notice is complete upon the expiration of five days after serving the notice. A certificate retained by the merchant showing that the notice was mailed is presumptive proof that the requirements of this subsection have been met, even though the notice may not have been received by the addressee."/

Amend title to conform.

Senator COURTNEY explained the amendment.

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

S. 1176 -- Senator Hayes: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING AND FINANCIAL INSTITUTIONS BY ADDING CHAPTER 26 SO AS TO ENACT THE "SOUTH CAROLINA CREDIT UNION ACT OF 1996", WHICH PROVIDES FOR THE ORGANIZATION, OPERATION, AND SUPERVISION OF COOPERATIVE NONPROFIT THRIFT AND CREDIT ASSOCIATIONS KNOWN AS CREDIT UNIONS, AND TO PROVIDE FOR THEIR DUTIES, POWERS, AND FUNCTIONS; AND TO REPEAL CHAPTER 27 OF TITLE 34 RELATING TO COOPERATIVE CREDIT UNIONS.

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 (GJK\22676SD.96), which was adopted:

Amend the bill, as and if amended, in Section 34-26-240 of the 1976 Code, as contained in SECTION 1, by inserting after /intervals/ on line 35, page 6, /not to exceed twenty-four months/;

Amend the bill further, as and if amended, in Section 34-26-370(3)(d) of the 1976 Code, as contained in SECTION 1, by striking /his/ on line 7, page 11, and inserting /this/;

Amend further, as and if amended, in Section 34-26-420 of the 1976 Code, as contained in SECTION 1, which begins on line 21, page 12, by striking the section and inserting:

/Section 34-26-420.   A credit union may exercise incidental powers to enable it to carry out its purposes. However, the powers granted by state law or regulation to a state-chartered credit union shall not exceed those provided by federal law or regulation./

Amend further, as and if amended, in Section 34-26-500(2) of the 1976 Code, as contained in SECTION 1, which begins on line 34, page 12, by striking subsection (2) and inserting:

/(2)   Credit union membership may include persons within one or more groups having a common bond or bonds of similar occupation or association, or to persons employed within a defined business district, building, industrial park or shopping center, and members of the family of such persons who are related by either blood or marriage./

Amend further, as and if amended, in Section 34-26-860 of the 1976 Code, as contained in SECTION 1, by striking the third paragraph which begins on line 7, page 22, and inserting:

/Loans of fifty thousand dollars or more shall require a certified appraisal. Loans of less than fifty thousand dollars shall require an inspection by a credit union-appointed individual and evidence of value in the file. Loan applications, notes, and security instruments may be executed on current versions of FHA, VA, FHLMC, FNMA, or FHLMC/FNMA approved forms./

Amend further, as and if amended, in Section 34-26-890(1)(b) of the 1976 Code, as contained in SECTION 1, which begins on line 1, page 23, by striking item (b) and inserting:

/(b)   the aggregate of loans to such officials, excepting those secured by shares or deposits, may not exceed fifteen percent of the credit union's reserves and undivided earnings./

Amend further, as and if amended, in Section 34-26-1380(1)(a) of the 1976 Code, as contained in SECTION 1, by striking /fifteen/ on line 34, page 30, and inserting /.0015/.

Renumber sections to conform.

Amend totals and title to conform.

Senator SALEEBY explained the amendment.

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

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

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

The Medical Affairs Committee proposed the following amendment (PFM\9263AC.96), which was adopted:

Amend the bill, as and if amended, page 1, by striking lines 22 through 34.

Amend further, by striking all after the enacting words and inserting:

/SECTION   1.   This act may be cited as the "Alzheimer's Special Care Disclosure Act".

SECTION   2.   Title 44, Chapter 36 of the 1976 Code, as amended, is further amended by adding:

Section 44-36-510.   This article may be cited as the 'Alzheimer's Special Care Disclosure Act'.

Section 44-36-520.   A nursing home, community residential care facility, or day care facility for adults licensed by the Department of Health and Environmental Control which offers to provide or provides an Alzheimer's special care unit or program must include in its policies and procedures and disclose to the responsible party seeking a placement within the Alzheimer's special care unit or program, the form of care or treatment provided that distinguishes it as being especially applicable to or suitable for persons with Alzheimer's disease. The information that distinguishes the form of care or treatment shall include criteria for admission, transfer, and discharge; care planning; staffing patterns; staff training; physical environment; resident and participant activities; family role in care; and unique costs to the resident or participant associated with specialized service delivery."

3.   This act takes effect January 1, 1997./

Renumber sections to conform.

Amend title to conform.

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

S. 1284 -- Senator Thomas: A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY FOR VIOLATING THE LAW, SO AS TO INCLUDE AN ADDITIONAL REQUIREMENT FOR DETENTION IN A SECURE JUVENILE DETENTION FACILITY AND TO PROVIDE SPECIFIC TIME FRAMES FOR REVIEW OF A JUVENILE IN A DETENTION FACILITY; TO AMEND SECTION 20-7-780, AS AMENDED, RELATING TO CONFIDENTIALITY OF JUVENILE RECORDS, FINGERPRINTS, AND PHOTOGRAPHS, SO AS TO EXPAND THE CIRCUMSTANCES UNDER WHICH A JUVENILE MAY BE FINGERPRINTED AND TO EXPAND THE USE OF FINGERPRINTS; AND TO AMEND SECTION 20-7-2170, AS AMENDED, RELATING TO COMMITMENT OF CHILDREN TO THE DEPARTMENT OF JUVENILE JUSTICE AND TRANSFER TO THE DEPARTMENT OF CORRECTIONS, SO AS TO EXPAND THE CONDITIONS UNDER WHICH THE COURT MAY WAIVE THE TEMPORARY COMMITMENT OF A CHILD TO THE DEPARTMENT FOR EVALUATION.

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

The Judiciary Committee proposed the following amendment (JUD1284.001), which was adopted:

Amend the bill, as and if amended, page 2, beginning on line 25, in Section 20-7-600(F), as contained in SECTION 1, by striking lines 25 through 27, and inserting therein the following:

/(7)   has no suitable alternative placement and it is determined that detention is in the child's best interest or is necessary to protect the child or public, or both./

Amend the bill further, as and if amended, page 3, line 24, in Section 20-7-600(H), as contained in SECTION 2, by inserting after the word /circumstances/ the following:

/as determined by the court /

Amend title to conform.

Senator COURTNEY explained the amendment.

Senator COURTNEY explained the Bill.

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

S. 1305 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-1095 SO AS TO PROVIDE THAT A PRIVATE INSURER LICENSED TO UNDERWRITE "ESSENTIAL PROPERTY INSURANCE" MAY FILE AND USE CERTAIN RATES FOR THE COVERAGES DETAILED IN SECTION 38-75-310(1) AND THE PROCESS FOR FILING AND HAVING THE RATES APPROVED; AND BY ADDING SECTION 38-75-386 SO AS TO PROVIDE THAT LIABILITY OR A CAUSE OF ACTION MAY NOT ARISE AGAINST CERTAIN PERSONS FOR CERTAIN STATEMENTS MADE TO OR INFORMATION PROVIDED TO AN INSURER TO FACILITATE THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE OR TO FACILITATE COMPETITION FOR THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE.

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 (1305MLP.GFM), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ____. Section 38-75-310 of the 1976 Code, as last amended by Act 504 of 1994, is further amended by adding:

"(7) 'Seacoast area' means all areas within Horry, Georgetown, Berkeley, Charleston, Dorchester, Colleton, Beaufort, and Jasper counties."/

Amend further by adding an appropriately numbered SECTION to read:

/SECTION __. Section 38-73-910 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding at the end:

"However, a private insurer licensed to underwrite essential property insurance as defined by Section 38-75-310(1), notwithstanding any limitations included within this title, may file and use, pursuant to the provisions of Section 38-73-1095, any rates which result in insurance premium rates of ninety percent, or less, of the insurance premium rates then approved for the South Carolina Wind and Hail Underwriting Association which result in an insurance premium increase for any policyholder situated within a coastal area of South Carolina as defined by Section 38-75-310(5) not more than once in any six-month period."/

Renumber sections to conform.

Amend title to conform.

Senator COURTNEY explained the amendment.

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

H. 3140 -- Reps. McTeer and Lloyd: A BILL TO AMEND SECTION 7-13-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO DELETE THE REQUIREMENT THAT THE STATE BOARD OF VOTING MACHINE COMMISSIONERS BE PROVIDED WITH A MECHANICAL VOTING MACHINE MODEL SUITABLE FOR THE INSTRUCTION OF VOTERS.

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

The Judiciary Committee proposed the following amendment (JUD3140.001), which was adopted:

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

/SECTION   1.   Section 7-13-1640 of the 1976 Code is amended to read:

"Section 7-13-1640.   (A)   Any kind or type of voting machine may be approved by the State Board of Voting Machine Commissioners which is so constructed as to fulfill the following requirements. It shall:

(1)   provide facilities for voting for all candidates of as many political parties or organizations as may make nominations of candidates at any election, for or against as many questions as may be submitted at any election, and, at all general or special elections, permit the voter to vote for all of the candidates of one party or in part for the candidates of one or more parties;

(2)   permit the voter to vote for as many persons for any office as he is lawfully entitled to vote for, but no more;

(3)   prevent the voter from voting for the same person more than once for the same office;

(4)   permit the voter to vote for or against any question he may have the right to vote on, but no other;

(5)   if used at a primary election, be so equipped that all rows except those of the voter's party can be locked out by the managers of election by means of an adjustment on the outside of the machine;

(6)   correctly register or record and accurately count all votes cast for any and all candidates and for or against all questions;

(7)   be provided with a 'protective counter' or 'protective device' whereby any operation of the machine before or after the election will be detected;

(8)   be provided with a counter which shall show shows at all times during an election how many persons have voted;

(9)   be provided with either an illustration or a mechanical model, illustrating the manner of voting on the machine, suitable for the instruction of voters; and

(10)   Insure ensure voting in absolute secrecy.

(B)   Any such kind or type of A machine shall must be provided with a device for each party and for each nomination by petition for voting for presidential and vice-presidential candidates in one operation and listing the candidates by name and by party or indicating the candidate is nominated by petition."

SECTION   2.   Section 7-13-1810 of the 1976 Code is amended to read:

"Section 7-13-1810.   For the instruction of voters on any election day, there shall be provided for each polling place either an illustration or a mechanically operated model of a portion of the face of the machine. Such The illustration or model shall be located on the table of one of the managers or in some other place accessible to the voters. Each voter so desiring shall, before entering the machine, be instructed regarding its operation and such instruction illustrated on either the illustration or the model and the voter given an opportunity personally to operate the model. The voter's attention may also be called to the diagram of the face of the machine so that the voter may become familiar with the location of the questions and names of the offices and candidates."

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

Amend title to conform.

Senator COURTNEY explained the amendment.

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

H. 4701 -- Rep. Worley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-3-65 SO AS TO AUTHORIZE FINANCIAL INSTITUTIONS TO VISIT PUBLIC EVENTS AND COMMERCIAL LOCATIONS FOR THE PURPOSE OF OPENING DEPOSIT ACCOUNTS SO LONG AS THE SPONSORING ORGANIZATION AGREES.

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

Senator SALEEBY proposed the following amendment (PT\2452JM.96), which was adopted:

Amend the bill, as and if amended, by adding the following appropriately numbered SECTION to read:

/SECTION   ____.   Section 34-3-320 of the 1976 Code is amended to read:

"Section 34-3-320.   The State Board of Financial Institutions shall fix the examination fees of banks and savings and loan associations on a scale which will yield sufficient revenue to defray the entire expense of examinations for each bank and savings and loan association. Provided, that the board shall make at least one examination every eighteen twenty-four months of all banks and savings and loan associations."/

Renumber sections to conform.

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. 4801 -- Rep. Meacham: A BILL TO AMEND SECTION 8-13-1356, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A CANDIDATE FOR PUBLIC OFFICE FILE A STATEMENT OF ECONOMIC INTERESTS AT THE TIME THE CANDIDATE FILES A DECLARATION OF CANDIDACY OR A PETITION FOR NOMINATION AND OTHER FILING REQUIREMENTS, SO AS TO EXEMPT A PUBLIC OFFICIAL FROM THE PROVISIONS OF THIS SECTION IF HE HAS A CURRENT STATEMENT OF ECONOMIC INTERESTS ON FILE WITH HIS SUPERVISORY OFFICE REQUIRED BY SECTION 8-13-1140.

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

The Judiciary Committee proposed the following amendment (JUD4801.001), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 28, in Section 8-13-1356(A), as contained in SECTION 1, by striking subsection (A) in its entirety and inserting therein the following:

/"(A)   This section applies does not apply to a person public official who has not filed a current disclosure statement for the calendar year as a public official under Section 8-13-1110 on file with the appropriate supervisory office pursuant to Sections 8-13-1110 or 8-13-1140."/

Amend title to conform.

Senator COURTNEY explained the amendment.

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

H. 4792 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN AND WOMEN WHO HAVE DIED ON THE JOB BY DECLARING APRIL 28, 1996, "WORKERS MEMORIAL DAY".

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

H. 4879 -- Rep. Tucker: A CONCURRENT RESOLUTION DECLARING FRIDAY, APRIL 19, 1996, AS "SOUTH CAROLINA HOSPITAL ASSOCIATION DAY".

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

H. 4881 -- Reps. Spearman, Allison and Wells: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 13, 1996, AND FRIDAY, JUNE 14, 1996.

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

S. 1037 -- Senators Leventis and Washington: A BILL TO AMEND SECTION 16-17-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ENTICING AN ENROLLED CHILD FROM ATTENDANCE IN PUBLIC SCHOOLS, SO AS TO REDUCE THE PENALTY FROM A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT LESS THAN TWO YEARS, OR BOTH, TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT LESS THAN THIRTY DAYS, OR BOTH.

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

H. 4779 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK (SUPERB) SITE REHABILITATION AND FUND ACCESS REGULATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1915, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

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.

Senator COURTNEY explained the Bill.

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

H. 3116 -- Reps. Cato and Meacham: A BILL TO AMEND SECTION 50-21-850, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SAFETY REQUIREMENTS FOR PERSONS WATER SKIING OR RIDING ON A SURFBOARD OR SIMILAR OBJECT, SO AS TO CHANGE THE REFERENCE TO SURFBOARD TO KNEEBOARD, PROVIDE FOR THE REQUIREMENTS TO APPLY TO PERSONS BEING TOWED BY A MOTORIZED WATERCRAFT, CLARIFY THE DEFINITION OF PERSONAL FLOTATION DEVICE REQUIREMENTS, AND EXEMPT SURFBOARDERS.

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

H. 4726 -- Rep. Witherspoon: A JOINT RESOLUTION TO AMEND ACT 239 OF 1991, RELATING TO THE PROHIBITION AGAINST THE TAKING AND ATTEMPTS TO TAKE STRIPED BASS AND WHITE BASS HYBRIDS NEAR THE MOUTH OF THE SAVANNAH RIVER UPSTREAM TO NEW SAVANNAH BLUFF LOCK DAM IN SOUTH CAROLINA WATERS UNTIL JULY 1, 1996, SO AS TO EXTEND THE MORATORIUM AND EXPAND THE AREA COVERED BY THE MORATORIUM.

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

S. 1037 -- Senators Leventis and Washington: A BILL TO AMEND SECTION 16-17-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ENTICING AN ENROLLED CHILD FROM ATTENDANCE IN PUBLIC SCHOOLS, SO AS TO REDUCE THE PENALTY FROM A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT LESS THAN TWO YEARS, OR BOTH, TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT LESS THAN THIRTY DAYS, OR BOTH.

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

There was no objection.

The Bill was read the third time, ordered sent to the House.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

H. 3624 -- Rep. Sharpe: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 57 SO AS TO ENACT THE SOUTH CAROLINA ENVIRONMENTAL AUDIT ACT OF 1995 SO AS TO DEFINE ENVIRONMENTAL AUDITS AND AUDIT REPORTS AND TO CREATE A PRIVILEGE WITH REGARD TO CONTENTS OF THESE REPORTS AND TO PROVIDE EXCEPTIONS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

Senator MOORE explained the amendment.

With Senator MOORE retaining the floor, Senator DRUMMOND asked unanimous consent to make a motion that the Senate stand adjourned.

Debate was interrupted by adjournment with Senator MOORE retaining the floor.

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

Reappointments, Georgetown County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

Honorable William Paul Moeller, Post Office Box 859, Murrells Inlet, S.C. 29576

Honorable Benjamin F. Dunn, Post Office Box 44, Andrews, S.C. 29510

Honorable Hughey Walker, 6897 Pleasant Hill Road, Hemingway, S.C. 29554

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

Initial Appointment, Chesterfield County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

Honorable Wilbert S. Motley, Post Office Box 681, Cheraw, S.C. 29520 VICE Betty M. Harris (resigned)

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

Initial Appointments, Charleston County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

Honorable Mary B. Holmes, Post Office Box 237, Hollywood, S.C. 29449 VICE Kenneth L. Edwards

Ms. Frances L. Cain-Lofton, 729 Morrison Street, McClellanville, S.C. 29458 VICE Priscilla B. Baldwin (for this seat only)

Initial Appointment to this seat, Charleston County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable Priscilla B. Baldwin, Post Office Box 262, McClellanville, S.C. 29458

Reappointments, Charleston County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

Honorable Henry W. Guerard, Post Office Box 941, Charleston, S.C. 29402-0941

Honorable Jack I. Guedalia, 1320 Winchester Drive, Charleston, S.C. 29407

Honorable Bonnie L. Koontz-Stickels, 1720 Sam Rittenberg Boulevard, Unit II, Charleston, S.C. 29407

Honorable Richard Ganaway, 7564 Brandywine Road, North Charleston, S.C. 29420

Honorable Alvin E. Bligen, Post Office Box 216, Edisto Island, S.C. 29438

Honorable J. Mullen Harper, Post Office Box 584, Mt. Pleasant, S.C. 29465

Honorable M. Brian Rawl, Post Office Box 284, Johns Island, S.C. 29455

Honorable Leroy Linen, 6113 Judge Linen Lane, Wadmalaw Island, S.C. 29487

On motion of Senator HOLLAND, with unanimous consent, the Senate stood adjourned in honor of Mr. William Blakeney Burch of Pageland, S.C., on the occasion of his 80th birthday.

At 1:45 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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