SENATE JOURNAL for May 2, 1996 - South Carolina Legislature Online

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

THURSDAY, MAY 2, 1996

Thursday, May 2, 1996
(Statewide Session)

~~Indicates Matter Stricken~~
Indicates New Matter

The Senate assembled at 10:30 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

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

Beloved, the words recorded by St. Matthew are apt also for our time, Chapter 24 (vv. 12-14):

"And because of the increase of lawlessness

the love of many will grow cold. But the

one who endures to the end will be saved.

And this good news of the kingdom will be

proclaimed throughout the world, as a tes-

timony to all the nations; and then the end

will come."
Let us pray.

O Lord God, grant that as we come to You in our prayer, we may look beyond these walls.

As we behold the comet with a tail 10 million miles long that will not come this way again for another 18,000 years, help us to see You by faith, the Creator, in shining splendor, and glimpse for a fleeting moment the holiness of our God as Moses did on Mt. Sinai.

Then let us come back to our mundane duties, never quite free from the influence of the divine vision, the presence and the power we experience in the moment of our adoration.

Lord, may our love for You and our people never grow cold, and give us patience and perseverance to run the race that means victory for our people... in the Name of Christ.

Amen.

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

Doctor of the Day

Senator RANKIN introduced Dr. Tom Whitaker of Myrtle Beach, S.C., Doctor of the Day.

Leave of Absence

At 10:30 A.M., Senator GIESE requested a leave of absence beginning at 3:30 P.M today until Monday morning.

Statement by Senator GIESE

I requested leave to attend the NCSL meeting in Austin, Texas, to fulfill my responsibilities as Chairman of the Developmental Disabilities Task Force.

Leave of Absence

At 10:30 A.M., Senator LANDER requested a leave of absence beginning at 10:45 A.M. until 1:00 P.M.

Leave of Absence

On motion of Senator RANKIN, at 11:00 A.M., Senator COURSON was granted a leave of absence from 11:30 A.M. - 2:00 P.M.

Message from the House

Columbia, S.C., May 1, 1996

Mr. President and Senators:

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

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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 1, 1996

Mr. President and Senators:

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

H. 3268 -- Reps. Richardson, Vaughn, Harvin, Bailey, Cotty, Limbaugh, Chamblee, Wofford, A. Young, Shissias, Stuart, Lloyd, Sandifer, Thomas, Witherspoon, Wells, Keyserling, Walker and Harrison: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO INCLUDE THE MURDER OF A WITNESS OR POTENTIAL WITNESS IN A CRIMINAL TRIAL TO DETER PROSECUTION AS AN AGGRAVATING CIRCUMSTANCE IN CONSIDERATION OF IMPOSING THE DEATH PENALTY.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 1, 1996

Mr. President and Senators:

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

H. 3858 -- Reps. Bailey, Rice, Baxley, Limbaugh, Simrill, Clyburn, Mason, Jennings, H. Brown, Moody-Lawrence, Wofford, A. Young, Shissias, Hutson, Dantzler, Williams, Stille, Boan, Law, Rhoad, Davenport, Kirsh, Littlejohn, J. Harris, Wright, Harrell and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1333 SO AS TO AUTHORIZE THE FAMILY COURT TO SUSPEND OR RESTRICT THE DRIVER'S LICENSE OF A CHILD ADJUDICATED DELINQUENT OR FOUND IN CONTEMPT OF COURT OR IN VIOLATION OF A TERM OR CONDITION OF PAROLE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 1, 1996

Mr. President and Senators:

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

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

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 1, 1996

Mr. President and Senators:

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

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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 1, 1996

Mr. President and Senators:

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

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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

RECALLED

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.

Senator LEVENTIS asked unanimous consent to make a motion to recall the Bill from the Committee on Agriculture and Natural Resources.

There was no objection.

On motion of Senator LEVENTIS, with unanimous consent, the Bill was ordered placed on the Calendar.

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

S. 507 -- Senator Wilson: A BILL TO AMEND SECTION 40-17-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF A PRIVATE DETECTIVE BUSINESS, SO AS TO REVISE THE QUALIFICATIONS AN APPLICANT WHO DESIRES TO OPERATE A PRIVATE DETECTIVE BUSINESS MUST POSSESS, AND TO ESTABLISH THE QUALIFICATIONS A PRIVATE DETECTIVE EMPLOYED BY A PRIVATE DETECTIVE BUSINESS MUST POSSESS.

The House returned the Bill with amendments.

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

There was no objection.

Senator HAYES proposed the following amendment (JUD0507.003), which was adopted:

Amend the bill, as and if amended, page 2, line 36, in Section 40-17-55(D), as contained in SECTION 1, by striking line 36 in its entirety and inserting therein the following:

/(A)(1), (7), and that part of (4) which does allow a pardon."/

Amend title to conform.

Senator HAYES explained the amendment.

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

S. 1315--CONFERENCE COMMITTEE APPOINTED

Message from the House

Columbia, S.C., May 1, 1996

Mr. President and Senators:

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

S. 1315 -- Senators Drummond, Matthews, Waldrep, Washington, Setzler, Cork, Moore, Ryberg, O'Dell and Alexander: A BILL TO AMEND SECTION 1-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE THE BOUNDARIES OF THE STATE IN REGARD TO THE BOUNDARY IN THE LOWER SAVANNAH RIVER REGION.
Very respectfully,
Speaker of the House

On motion of Senator MOORE, the Senate insisted upon its amendments to S. 1315 and asked for a Committee of Conference.

Whereupon, the PRESIDENT appointed Senators WASHINGTON, CORK and RYBERG of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

HOUSE CONCURRENCE

S. 1406 -- Senator Saleeby: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE MEMBERS OF THE DARLINGTON HIGH SCHOOL TEAM WHICH CAPTURED THE "LIFESMARTS...THE ULTIMATE CONSUMER CHALLENGE" NATIONAL TITLE IN A CONTEST HELD ON APRIL 22-23, 1996 AT L.G. LINE HIGH SCHOOL IN WASHINGTON, D.C.

Returned with concurrence.

Received as information.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following was introduced:

S. 1407 -- Senator Wilson: A BILL TO DIRECT THE CODE COMMISSIONER TO CHANGE REFERENCES OF "REGISTER OF MESNE CONVEYANCES" TO "REGISTER OF LAND CONVEYANCES" AT SUCH TIME AND IN SUCH MANNER AS MAY BE TIMELY AND COST-EFFECTIVE.

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

H. 4985 -- Rep. Witherspoon: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MARION T. BURNSIDE OF HOPKINS, RICHLAND COUNTY, MEMBER AT LARGE OF THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES BOARD, FOR BEING NAMED A 1996 JEFFERSON AWARD RECIPIENT IN RECOGNITION OF HIS OUTSTANDING PUBLIC SERVICE.

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

H. 4987 -- Reps. Wells, Allison, Davenport, Lanford, Lee, Littlejohn, McCraw, Phillips, D. Smith, Vaughn, Walker and Wilder: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED BUSINESS AND CIVIC LEADERS, MR. WALTER S. MONTGOMERY, SR., OF SPARTANBURG, UPON HIS DEATH.

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

H. 4988 -- Reps. Koon, Gamble, Knotts, Riser, Spearman, Stuart and Wright: A CONCURRENT RESOLUTION THANKING KEN SHULL, PRESIDENT AND CHIEF EXECUTIVE OFFICER OF LEXINGTON MEDICAL CENTER SINCE 1988, FOR HIS OUTSTANDING LEADERSHIP AND MANY CONTRIBUTIONS TO EXCELLENCE IN THE HEALTH CARE DELIVERY SYSTEM IN THE MIDLANDS.

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

H. 4990 -- Rep. Gamble: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF JOHN DELLENEY "JOHNNY" LOVE OF COLUMBIA, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 4992 -- Rep. Harvin: A CONCURRENT RESOLUTION RECOGNIZING THE SOUTH CAROLINA COMMISSION FOR THE BLIND ON THE OCCASION OF ITS THIRTIETH ANNIVERSARY.

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

H. 4993 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF RETIRED COLONEL ALFRED JUDSON PLOWDEN, JR., OF SUMMERTON AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 4994 -- Rep. Delleney: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 29, 1996, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT AT LARGE, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 2000; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, 13TH CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001.

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

That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, May 29, 1996, at 12:00 noon to elect a successor to the Honorable Ralph King Anderson, Jr., of the Circuit Court, At Large, Seat 1, for the term expiring June 30, 1997; to elect a successor to the Honorable William L. Howard of the Ninth Judicial Circuit, for the term expiring June 30, 2000; and to elect a successor to the Honorable John W. Kittredge of the 13th Circuit Family Court, Seat 1, for the term expiring June 30, 2001.

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

Referred to the Committee on Invitations.

H. 4977 -- Rep. McKay: A BILL TO RESTRICT IN FLORENCE COUNTY THE OPEN BURNING OF LEAVES, TREE BRANCHES, AND YARD TRIMMINGS UNDER CERTAIN CONDITIONS AND TO AUTHORIZE CAMPFIRES ONLY FOR RECREATIONAL PURPOSES OR HUMAN WARMTH.

Read the first time and referred to the Florence County Delegation.

REPORTS OF STANDING COMMITTEES

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

S. 930 -- Senators McConnell, Passailaigue, Rose, Mescher and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-11-270 SO AS TO PROVIDE A PROCEDURE BY WHICH THE REGISTERED ELECTORS RESIDING IN A SPECIAL PURPOSE DISTRICT WHOSE GOVERNING BODY IS CHOSEN BY THE LEGISLATIVE DELEGATION OF A COUNTY AND THE GOVERNING BODY OF A MUNICIPALITY MAY DECIDE WHETHER THEY WISH THE GOVERNING BODY OF THE DISTRICT TO BE ELECTED BY THE ELECTORS LIVING IN THE DISTRICT OR APPOINTED BY THE GOVERNING BODY OF THE MUNICIPALITY IN WHICH THE DISTRICT IS LOCATED, AND TO PROVIDE THAT IF THE DISTRICT GOVERNING BODY IS ELECTED, THE PROCEDURE BY WHICH THE MEMBERS OF THE GOVERNING BODY OF THE DISTRICT MUST BE ELECTED, AND TO MAKE THE SECTION APPLICABLE ONLY TO DISTRICTS EXISTING BEFORE MARCH 7, 1973, WHICH DO NOT HAVE ELECTED GOVERNING BODIES WITH AUTHORITY TO LEVY TAXES.

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Rules polled out S. 1128 favorable with amendment:

S. 1128 -- Senator Giese: A SENATE RESOLUTION TO AMEND RULE 1, RULES OF THE SENATE, RELATING TO THE TIME OF THE DAILY MEETING, SO AS TO PROVIDE THAT THE SENATE SHALL MEET AT 10 O'CLOCK A.M. ON EVERY STATEWIDE DAY.

Poll of the Rules Committee on S. 1128
Ayes 10; Nays 7; Not Voting 1

AYES

McConnell                 Drummond                  Holland
Leatherman                Rankin                    Matthews
McGill                    Gregory                   Richter
Ryberg

TOTAL--10

NAYS

Bryan                     Reese                     Martin
Peeler                    Russell                   Fair
Short

TOTAL--7

NOT VOTING

Smith, J.V.

TOTAL--1

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Rules polled out S. 1129 favorable:

S. 1129 -- Senators Giese, Bryan, Lander, McConnell and Drummond: A SENATE RESOLUTION TO AMEND RULE 49, RULES OF THE SENATE, RELATING TO INVITATIONS, SO AS TO PROHIBIT THE ACCEPTANCE OF AN INVITATION TO BE HELD BETWEEN THE HOURS OF NOON AND 2:00 P.M.

Poll of the Rules Committee on S. 1129
Ayes 13; Nays 4; Not Voting 1

AYES

McConnell                 Drummond                  Bryan
Holland                   Leatherman                Rankin
Peeler                    Matthews                  Russell
McGill                    Gregory                   Richter
Ryberg

TOTAL--13

NAYS

Reese                     Martin                    Fair
Short

TOTAL--4

NOT VOTING

Smith, J.V.

TOTAL--1

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Rules polled out S. 1130 favorable with amendment:

S. 1130 -- Senators Giese, Bryan and McConnell: A SENATE RESOLUTION TO AMEND RULE 1, RULES OF THE SENATE, RELATING TO THE TIME OF THE DAILY MEETING, SO AS TO PROVIDE THAT DURING THE MONTH OF JANUARY, THE SENATE SHALL MEET AND IMMEDIATELY RECESS UNTIL THE SECOND TUESDAY OF FEBRUARY AND DURING THAT TIME OF RECESS ONLY MEET IN COMMITTEES AND SUBCOMMITTEES AND PROVIDE AN EXCEPTION.

Poll of the Rules Committee on S. 1130
Ayes 16; Nays 1; Not Voting 1

AYES

McConnell                 Drummond                  Bryan
Holland                   Leatherman                Martin
Rankin                    Peeler                    Matthews
Russell                   McGill                    Fair
Gregory                   Richter                   Ryberg
Short

TOTAL--16

NAYS

Reese

TOTAL--1

NOT VOTING

Smith, J.V.

TOTAL--1

Ordered for consideration tomorrow.

Senator THOMAS from the Committee on Corrections and Penology submitted a favorable report on:

S. 1374 -- Senator Rose: A BILL TO AMEND CHAPTER 3, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE PRISON SYSTEM, BY ADDING ARTICLE 13 SO AS TO ENACT THE "PRIVATE CORRECTIONAL FACILITIES, PROGRAMS, AND SERVICES ACT"; AND TO AMEND SECTION 24-3-30 OF THE 1976 CODE, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT OF PERSONS CONVICTED OF OFFENSES AGAINST THE STATE, SO AS TO PROVIDE THAT AT THE EXPIRATION OR TERMINATION OF A CONTRACT TO HOUSE PRISONERS MADE WITH A NON-GOVERNMENTAL AGENCY, ALL PRISONERS MUST BE RETURNED TO THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS OR THE LEGALLY RESPONSIBLE ENTITY OF LOCAL GOVERNMENT.

Ordered for consideration tomorrow.

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

H. 3915 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 59-103-90 RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary polled out H. 4387 favorable with amendment:

H. 4387 -- Reps. McElveen and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-65 SO AS TO GRANT EMPLOYERS IMMUNITY, BOTH ABSOLUTE AND QUALIFIED DEPENDING ON THE SCOPE OF THE INFORMATION, FOR RESPONDING TO PROSPECTIVE EMPLOYERS' REQUESTS FOR REFERENCES.

Poll of the Judiciary Committee on H. 4387
Ayes 12; Nays 0; Not Voting 6

AYES

Holland                   Saleeby                   McConnell
Bryan                     Russell                   Rose
Courtney                  Gregory                   Jackson
Lander                    Mescher                   Rankin

TOTAL--12

NAYS

TOTAL--0

NOT VOTING

Wilson                    Moore                     Cork
Ford                      Glover                    Martin

TOTAL--6

Ordered for consideration tomorrow.

CONCURRENCE

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

The House returned the Bill with amendments.

On motion of Senator BRYAN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

NONCONCURRENCE

S. 1195 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-15 SO AS TO DEFINE THE MISSION OF HIGHER EDUCATION IN SOUTH CAROLINA AND OF EACH TYPE OF PUBLIC INSTITUTION OF HIGHER LEARNING; TO AMEND SECTION 59-103-20, RELATING TO STUDIES OF INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THE COMMISSION SHALL BE RESPONSIBLE FOR A COORDINATED, EFFICIENT, AND RESPONSIVE HIGHER EDUCATION SYSTEM IN THIS STATE AND TO PROVIDE FOR THE RESPONSIBILITIES OF THE COMMISSION IN THIS REGARD; TO AMEND THE 1976 CODE BY ADDING SECTION 59-103-30 SO AS TO ESTABLISH CRITICAL SUCCESS FACTORS FOR ACADEMIC QUALITY IN THE INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND THE PERFORMANCE INDICATORS BY WHICH THESE SUCCESS FACTORS CAN BE MEASURED; TO AMEND SECTION 59-103-35, RELATING TO THE SUBMISSION OF THE BUDGETS OF PUBLIC INSTITUTIONS OF HIGHER LEARNING AND THE APPROVAL AND REVIEW OF THE PROGRAMS OF THESE INSTITUTIONS, SO AS TO REVISE THE MANNER IN WHICH THE PUBLIC HIGHER EDUCATION SYSTEM'S ANNUAL BUDGET REQUEST IS DETERMINED AND REVISE THE COMMISSION'S RESPONSIBILITIES WITH REGARD TO AN INSTITUTION'S PROGRAMS; TO AMEND SECTION 59-103-45, RELATING TO THE DUTIES AND FUNCTIONS OF THE COMMISSION ON HIGHER EDUCATION, SO AS TO REQUIRE THE COMMISSION TO DEVELOP STANDARDS FOR AND MEASUREMENT MECHANISMS OF THESE PERFORMANCE INDICATORS, DIRECT THE COMMISSION TO BASE THE HIGHER EDUCATION FUNDING FORMULA ON AN INSTITUTION'S ACHIEVEMENT OF THESE STANDARDS, PERMIT THE COMMISSION TO REDUCE, EXPAND, OR CONSOLIDATE ANY INSTITUTION INCLUDING THOSE WHICH DO NOT MEET THE STANDARDS OF ACHIEVEMENT, AND BEGINNING JULY 1, 1999, TO CLOSE SUCH INSTITUTIONS WHICH DO NOT MEET THESE STANDARDS, REQUIRE THE COMMISSION TO REVIEW AND APPROVE EACH INSTITUTIONAL MISSION STATEMENT, AND ENSURE ACCESS AND EQUITY OPPORTUNITIES AT EACH INSTITUTION FOR ALL CITIZENS OF THIS STATE; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY BY THE COMMISSION, SO AS TO PROVIDE THAT AN INSTITUTION'S REQUEST FOR NEW OR EXPANDED PROGRAMS MUST BE APPROVED BY THE COMMISSION; BY ADDING SECTION 59-103-65 SO AS TO PROVIDE FOR THE MANNER IN WHICH AN INSTITUTION SHALL BE CLOSED IF AN INSTITUTION BEGINNING JULY 1, 1999, IS CLOSED BY THE COMMISSION; TO AMEND SECTION 59-103-110, RELATING TO APPROVAL OF NEW CONSTRUCTION AT PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO REVISE THE MANNER IN WHICH AN INSTITUTIONS' FACILITIES AND REAL PROPERTY ACQUISITIONS AND AUTHORIZATIONS ARE APPROVED; TO AMEND CHAPTER 104 OF TITLE 59, RELATING TO INITIATIVES FOR RESEARCH AND ACADEMIC EXCELLENCE, SO AS TO REVISE SUCH PROVISIONS TO INCORPORATE APPROPRIATE REFERENCES TO THE PERFORMANCE INDICATORS FOR ACADEMIC SUCCESS ABOVE-REFERENCED AND REFERENCES TO OTHER DUTIES AND FUNCTIONS CONFERRED ABOVE ON THE COMMISSION; AND TO AMEND SECTION 59-101-350, RELATING TO THE ANNUAL REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY BY THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE CONTENTS OF THIS REPORT AND WHAT INSTITUTIONS MUST SUBMIT TO THE COMMISSION FOR PURPOSES OF PREPARING THE REPORT.

The House returned the Bill with amendments.

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

There was no objection.

On motion of Senator SETZLER, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

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

ORDERED ENROLLED FOR RATIFICATION

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

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.

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 SALEEBY asked unanimous consent to withdraw the previously proposed amendment and printed in the Journal on Wednesday, May 1, 1996.

There was no objection and the amendment was withdrawn and the Bill enrolled for ratification.

HOUSE BILL RETURNED

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

H. 4676 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-21-3320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF BINGO GAMES AND DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "NONPROFIT ORGANIZATION".

READ THE THIRD TIME, PASSED BY "AYES" AND "NAYS"
RETURNED TO THE HOUSE WITH AMENDMENTS

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

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

Amendment No. 1

Senator DRUMMOND proposed the following Amendment No. 1 (3962R001.JWD), which was adopted:

Amend the resolution, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION ___ A. It is proposed that Article V, Section 3 of the Constitution of South Carolina, 1895, is amended to read:

"The members of the Supreme Court shall be elected by a joint public vote of the General Assembly for a term of ten years, and shall continue in office until their successors shall be elected and qualified, and shall be classified so that the term of one of them shall expire every two years. In order to be elected, a candidate must receive a majority of the vote of the Senators voting and a majority of the Representatives voting in joint session. In any contested election, the vote of each member of the General Assembly present and voting shall be recorded."

B. It is proposed that Article V, Section 5 of the Constitution of South Carolina, 1895, is amended to read:

"The members of the Court of Appeals shall be elected by a joint public vote of the General Assembly for a term of six years and shall continue in office until their successors shall be elected and qualify. In any contested election, the vote of each member of the General Assembly present and voting shall be recorded. In order to be elected, a candidate must receive a majority of the vote of the Senators voting and a majority of the Representatives voting in joint session. Provided, that for the first election of members of the Court of Appeals, the General Assembly shall by law provide for staggered terms."

C. It is proposed that Article V, Section 13 of the Constitution of South Carolina, 1895, is amended to read:

"The General Assembly shall divide the State into judicial circuits of compact and contiguous territory. For each circuit a judge or judges shall be elected by a joint public vote of the General Assembly; provided, that in any contested election, the vote of each member of the General Assembly present and voting shall be recorded. In order to be elected, a candidate must receive a majority of the vote of the Senators voting and a majority of the Representatives voting in joint session. He shall hold office for a term of six years, and at the time of his election he shall be an elector of a county of, and during his continuance in office he shall reside in, the circuit of which he is judge. The General Assembly may by law provide for additional circuit judges, to be assigned by the Chief Justice. Such additional circuit judges shall be elected in the same manner and for the same term as provided in the preceding paragraph of this section for other circuit judges, except that residence in a particular county or circuit shall not be a qualification for office."

D. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Shall Sections 3, 5, and 13 of Article V of the Constitution of this State relating to the method of electing justices of the Supreme Court and judges of the Court of Appeals and the circuit court be amended so as to provide that in order to be elected, a candidate must receive a majority of the vote of the Senators voting and a majority of the Representatives voting in joint session?

Yes
No

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

Amendment No. 2

Senator RUSSELL proposed the following Amendment No. 2 (JUD3962.006), which was adopted:

Amend the bill, as and if amended, page 2, line 2, in Section 15, as contained in SECTION 1, by striking the word /ten/ and inserting therein the word /eight/.

Amend title to conform.

The amendment was adopted.

The question then was the third reading of the Joint Resolution.

Senator McCONNELL moved that the text of the Joint Resolution be printed upon the pages of the Journal and the Joint Resolution be ordered to receive a third reading.

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

SECTION 1. It is proposed that Article V, Section 15 of the Constitution of South Carolina, 1895, is amended to read:

"Section 15. No person shall be eligible to the office of Chief Justice, Associate Justice of the Supreme Court, judge of the Court of Appeals, or judge of the ~~Circuit Court~~ circuit court who is not at the time of his election a citizen of the United States and of this State, and has not attained the age of at least ~~twenty-six~~ thirty-two years, has not been a licensed attorney at law for at least ~~five~~ eight years, and has not been a resident of this State for five years next preceding his election.

Any justice or judge serving in office on the effective date of the provisions of this section requiring a justice or judge to be at least thirty-two years of age and to have at least ten years of service as a licensed attorney at law who is not of that age or who has not been licensed for this required period of time may continue to serve for the remainder of his current term and is considered to have the requisite age and years of service as a licensed attorney for purposes of future reelections to that judicial office."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Shall Section 15 of Article V of the Constitution of this State relating to qualifications for justices of the Supreme Court and judges of the Court of Appeals and the circuit court be amended so as to increase from twenty-six to thirty-two the age requirement for election to these offices, to increase from five to ten the number of years which a person must have been a licensed attorney at law in order to be eligible for election to these offices, and to provide that any justice or judge serving in office on the effective date of the provisions of this section requiring a justice or judge to be at least thirty-two years of age and to have at least ten years of service as a licensed attorney at law who is not of that age or who has not been licensed for this required period of time may continue to serve for the remainder of his current term and is considered to have the requisite age and years of service as a licensed attorney at law for purposes of future reelections to that judicial office?

Yes
No

SECTION 3. It is proposed that Article V of the Constitution of this State be amended by adding:

"Section 27. In addition to the qualifications for circuit court and Court of Appeals judges and Supreme Court justices contained in this article, the General Assembly by law shall establish a Judicial Merit Selection Commission to consider the qualifications and fitness of candidates for all judicial positions on these courts and on other courts of this State which are filled by election of the General Assembly. The General Assembly must elect the judges and justices from among the nominees of the commission to fill a vacancy on these courts.

No person may be elected to these judicial positions unless he or she has been found qualified by the commission. Before a sitting member of the General Assembly may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the General Assembly must first resign his office and have been out of office at least one year. Before a member of the commission may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the commission must not have been a member of the commission for a period of at least two years."

SECTION 4. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Shall Article V of the Constitution of this State be amended by adding Section 27 so as to provide that the General Assembly by law shall establish a judicial merit selection commission to nominate candidates for election to judicial positions on the courts of this State which are filled by election of the General Assembly, to provide that the General Assembly must elect judges and justices for these courts from among these nominees, to provide that no person may be elected to these judicial positions unless he or she has been found qualified by the commission, and to provide that before a sitting member of the General Assembly may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the General Assembly must first resign his office and have been out of office at least one year. Before a member of the commission may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the commission must not have been a member of the commission for a period of at least two years?

Yes
No

SECTION 5. A. It is proposed that Article V, Section 3 of the Constitution of South Carolina, 1895, is amended to read:

B. It is proposed that Article V, Section 5 of the Constitution of South Carolina, 1895, is amended to read:

C. It is proposed that Article V, Section 13 of the Constitution of South Carolina, 1895, is amended to read:

Yes
No

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

Ayes 45; Nays 0

AYES

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

TOTAL--45

NAYS

TOTAL--0

The Joint Resolution was read the third time, passed and ordered returned to the House of Representatives with amendments.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

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.

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

Senator PEELER proposed the following amendment (JUD4716.001), which was adopted:

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

/SECTION ___. Section 61-9-30 of the 1976 Code is amended to read:

"Section 61-9-30. ~~All beer~~ Beer or wine sold by wholesalers to the holders of retail licenses in this State shall be sold for cash ~~only~~ at the time of delivery or prior thereto or on credit. Cash ~~shall mean~~ means money or a bona fide check or money order. ~~Any~~ A holder of a retail permit who issues a check in payment for beer or wine with insufficient funds at the bank to cover it shall have violated the ~~provision~~ provisions of this section. This ~~provision for cash payment shall apply to cash~~ section applies to deposits on empties when beer is delivered in returnable containers. This deposit on bottles or draft beer containers ~~shall be~~ must not be less than the charge from the brewery to the wholesaler ~~and in no event less than sixty cents per case of twenty-four twelve-ounce bottles or twelve one-quart bottles~~."

SECTION ___. Section 61-3-920 of the 1976 Code is amended to read:

"Section 61-3-920. ~~Wholesale and retail~~ Retail liquor dealers are ~~hereby~~ prohibited from selling alcoholic liquors on credit."/

Amend title to conform.

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

READ THE SECOND TIME WITH NOTICE OF
GENERAL AMENDMENTS, MADE INTERRUPTED DEBATE

Senator MOORE asked unanimous consent to make a motion that the Bill be given a second reading with notice of general amendments on third, carrying over all amendments to third reading.

There was no objection.

The Bill was read the second time with notice of general amendments, carrying over all amendments to third reading.

On motion of Senator MOORE, with unanimous consent, the Bill was made an Interrupted Debate.

SECOND READING BILLS

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

S. 1167 -- Senator Fair: A BILL TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS, CONFIDENTIALITY, AND RELEASE OF INFORMATION PERTAINING TO JUVENILES, SO AS TO PROVIDE THAT CERTAIN INFORMATION REGARDING JUVENILE OFFENDERS MUST BE PROVIDED TO ALL VICTIMS OF CRIMES RATHER THAN ONLY TO VICTIMS OF VIOLENT CRIMES.

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.

S. 1380--Ordered to a Third Reading

On motion of Senator COURTNEY, with unanimous consent, S. 1380 was ordered to receive a third reading on Friday, May 3, 1996.

H. 4663 -- Rep. Tucker: A BILL TO AMEND SECTION 18-1-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRANTING OF BAIL FOR A DEFENDANT APPEALING A CONVICTION, SO AS TO MAKE THE GRANTING OF BAIL DISCRETIONARY FOR DEFENDANTS CONVICTED OF CERTAIN OFFENSES.

AMENDED, READ THE SECOND TIME

H. 4136 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-250 SO AS TO PROVIDE THAT A PERSON WHO COLLECTS AND SUBMITS AN ANONYMOUS SAMPLE OF THE PERSON'S OWN BODY FLUID OR TISSUE FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV) TESTING IS NOT REQUIRED TO REPORT A POSITIVE TEST RESULT AND THAT THE RESULTS ARE CONFIDENTIAL; AND TO FURTHER PROVIDE THAT A POSITIVE RESULT MUST BE REPORTED BY THE LABORATORY TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITHOUT IDENTIFYING INFORMATION INCLUDED IN THE REPORT.

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 (JIC\5821AC.96), which was adopted:

Amend the bill, as and if amended, SECTION 2, Section 44-29-240, page 2, lines 8 and 13, by deleting /should/ and inserting /is encouraged to/.

Amend further by deleting SECTION 3 of the bill.

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. 4136--Ordered to a Third Reading

On motion of Senator COURTNEY, with unanimous consent, H. 4136 was ordered to receive a third reading on Friday, May 3, 1996.

AMENDED, READ THE SECOND TIME

H. 4737 -- Reps. Chamblee, Lanford, Kirsh, Harrison, Wofford and Trotter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-425 SO AS TO REQUIRE APPROVAL BY THE STATE BUDGET AND CONTROL BOARD FOR REQUESTS FOR INFORMATION TECHNOLOGY EQUIPMENT AND SERVICES, TO PROVIDE CRITERIA FOR APPROVAL, AND TO ESTABLISH THE INFORMATION TECHNOLOGY ADVISORY COUNCIL TO ASSIST THE BOARD; TO ADD SECTION 59-7-70 SO AS TO REQUIRE THE TRANSFER OF TRANSMISSION AND RECEPTION EQUIPMENT PURCHASED BY SOUTH CAROLINA EDUCATIONAL TELEVISION FOR SCHOOLS TO THE SCHOOL DISTRICTS; TO ADD SECTION 59-7-80 SO AS TO PROVIDE REQUIREMENTS THAT THE SOUTH CAROLINA EDUCATIONAL TELEVISION COMMISSION MUST SATISFY TO COMPLY WITH SUNSET REVIEW RECOMMENDATIONS; TO AMEND SECTION 59-7-10, AS AMENDED, RELATING TO THE SCETV COMMISSION, SO AS TO FURTHER DELINEATE CRITERIA FOR MEMBERS; AND TO AMEND SECTION 59-7-20, RELATING TO ADVISORY COMMITTEES OF THE SCETV COMMISSION, SO AS TO REVISE THE ADVISORY COMMITTEE STRUCTURE, TO DIRECT THE SCETV COMMISSION, WITH THE STATE DEPARTMENT OF EDUCATION, TO CONDUCT A STUDY TO EVALUATE THE EFFECTIVENESS OF INSTRUCTIONAL TELEVISION, AND TO PROVIDE THAT THE SCETV COMMISSION IS REAUTHORIZED UNDER SECTION 1-20-60.

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

The Committee on Finance proposed the following amendment (JIC\5899HTC.96), which was adopted:

Amend the bill, as and if amended, by striking Section 1-11-425, as contained in SECTION 1, page 2, and inserting:

/Section 1-11-425. The State Budget and Control Board shall approve all requests for information technology equipment and services for state government as defined by the State Procurement Code with exemptions as defined by the board through regulation. In considering requests, the board shall ensure that requests are justified, that duplication among state agencies does not exist, that systems procured provide the most efficient means for providing services and are cost-effective, and that new technologies are compatible with existing technology to the greatest extent practicable. To assist the board, an Information Technology Advisory Council is created. The membership shall include a representative from the Budget and Control Board Division of Operations, the Budget and Control Board Division of Budget and Analysis, the South Carolina Educational Television Commission, the State Department of Education, the Commission on Higher Education, the State Board for Technical and Comprehensive Education, institutions of higher education, and other entities the board considers appropriate. Public members shall serve without compensation or reimbursement of expenses. The Executive Director of the State Budget and Control Board shall appoint the chairman./

Amend further, by striking Section 59-7-80, as contained in SECTION 2, beginning on page 2, and inserting:

/Section 59-7-80. The South Carolina Educational Television Commission shall:

(1) develop and implement a plan to increase revenue generated at each of the regional stations. A report of the regional stations' progress must be submitted to the State Reorganization Commission, Senate Finance Committee, and House Ways and Means Committee no later than January 1, 1998;

(2) annually develop a written plan to maximize the return on its investment in the Satellite Educational Resources Consortium. The plan shall include objective criteria that establish, for each course produced, a threshold level for cost recovery, below which point course production will be discontinued. The plan must be submitted to the Senate Finance Committee and the House Ways and Means Committee;

(3) in conjunction with the State Department of Education, formulate and implement a marketing plan to increase awareness of the Satellite Educational Resources Consortium programs. A copy of the completed plan must be forwarded to the State Reorganization Commission upon its completion. A progress report must be submitted to the State Reorganization Commission, Senate Finance Committee, and House Ways and Means Committee no later than January 1, 1998./

Amend further, by striking Section 59-7-10, as contained in SECTION 3, beginning on page 3, and inserting:

/Section 59-7-10. There is ~~hereby~~ created the South Carolina Educational Television Commission~~, which shall be~~ composed of the Superintendent of Education, who ~~shall be a member of the Commission,~~ serves ex officio, and ~~in addition the Commission shall be composed of~~ seven members to be appointed by the Governor with the advice and consent of the Senate ~~as follows:~~. One member ~~shall~~ must be appointed from each of the six congressional districts, and one member ~~shall~~ must be appointed from the State at large, who ~~shall~~ must be named by the Governor as chairman of the commission. ~~The term of the member who serves ex officio shall be coterminous with the term of the office to which he was elected, and~~ Of the members appointed, one must have experience in public education, one must have experience in higher education, and one must have experience in broadcasting. In making the appointments, race, gender, and other demographic factors must be considered to ensure nondiscrimination, inclusion, and representation, to the greatest extent possible, of all segments of the population of the State. The terms of the members appointed by the Governor ~~shall be~~ are for six years, except that of those first appointed two shall serve for terms of two years, two shall serve for terms of four years and three shall serve for terms of six years, after which the terms of all members shall be for six years./

Amend title to conform.

Senator PEELER proposed the following amendment (JUD4737.001), which was adopted:

Amend the bill, as and if amended, by adding a new item to Section 59-7-80, as contained in SECTION 2, to read:

/( ) subject to the provisions of Chapter 35 of Title 11, the South Carolina Educational Television Commission attempt to secure a private contractor for the operation of its day care facility in accordance with the National Association for the Education of Young Children (NAEYC) accreditation standards. The commission shall submit a report to the State Reorganization Commission, the Senate Finance Committee, and the House Ways and Means Committee by March 1, 1997, that includes the actions taken and their effects on its day care facility revenues and enrollment, a detailed expenditure report for day care facility operations in calendar year 1996, and an operational budget for day care facility operations in calendar year 1997./

Renumber remaining items to conform.

Amend title to conform.

Senator PEELER explained the amendment.

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

SECOND READING RECONSIDERED
AMENDED, READ THE SECOND TIME

Having voted on the prevailing side, Senator LAND asked unanimous consent to make a motion to reconsider the vote whereby the Senate gave second reading to the Bill.

There was no objection.

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

Senators RICHTER and LAND proposed the following amendment (4663R001.LER), which was adopted:

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

/Whereas, the General Assembly abolished the common law cause of action for criminal conversation by legislative enactment in 1991 (Section 15-3-150); and

Whereas, the South Carolina Supreme Court abolished the common law cause of action for alienation of affections in 1992; and

Whereas, the family is an important and integral institution in our society ensuring the continued vitality and stability of our State and nation; and

Whereas, the constitutions of our State and nation protect contract rights of our citizens; and

Whereas, the institution of marriage is a sacred contract which deserves protection and preservation; and

Whereas, a cause of action for interference with marital relationships is an important tool in combating erosion of the sanctity of marriage, which forms the cornerstone of the family. Now, therefore,

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

SECTION 1. Chapter 75 of Title 15 of the 1976 Code is amended by adding:

"Section 15-75-25. (A) A person may maintain an action for damages arising out of interference with marital relationships. 'Interference with marital relationships' means any wrongful or adulterous interference in marital relationships by a third party, during the marriage, which deprives one spouse of the affections, aid, and comfort of the other. The plaintiff in a civil action seeking to recover damages for interference in marital relationships must allege and prove that he or she is married to the party involved with the defendant. In addition, the plaintiff must allege and prove (1) sexual intercourse or other wrongful conduct between the defendant and the spouse during the marriage, (2) the plaintiff's loss of affection or consortium of the spouse, and (3) a causal connection between the defendant's conduct and the plaintiff's loss. However, no cause of action for interference with marital relationships shall be maintained by an individual who has entered into an agreement for separate maintenance containing an express waiver of such rights.

(B) No cause of action for interference with marital relationships may be maintained unless commenced within three years of the date of accrual of the cause of action."

SECTION 2. Section 18-1-90 of the 1976 Code is amended to read:

"Section 18-1-90. Bail ~~shall~~ may be allowed to the defendant in all cases in which the appeal is from the trial, conviction, or sentence for a criminal offense.~~; except that no~~ However, bail ~~shall be~~ is not allowed when the defendant ~~shall have~~ has been sentenced to death, life imprisonment, or ~~for a term exceeding~~ imprisonment for more than ten years."

SECTION 3. This act takes effect upon approval by the Governor, except that the provisions of SECTION 1 are not retroactive and shall apply prospectively to causes of action accruing on or after the effective date./

Amend title to conform.

Senator RICHTER explained the amendment.

Senator BRYAN argued contra to the adoption of the amendment.

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

AMENDED, READ THE SECOND TIME

H. 3909 -- Reps. Wright, Askins, Bailey, Gamble, Harvin, Herdklotz, Kirsh, Knotts, McCraw, Riser, Robinson, Simrill, Spearman and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-660 SO AS TO PROVIDE UNDER THE WORKERS' COMPENSATION LAW THAT NO ARCHITECT, ENGINEER, LAND SURVEYOR, LANDSCAPE ARCHITECT, OR THEIR EMPLOYEES OR A CORPORATION, PARTNERSHIP, OR FIRM OFFERING THESE SERVICES WHO IS RETAINED TO PERFORM PROFESSIONAL SERVICES ON A CONSTRUCTION PROJECT IS LIABLE FOR ANY INJURY RESULTING FROM THE EMPLOYER'S FAILURE TO COMPLY WITH SAFETY STANDARDS ON A CONSTRUCTION PROJECT FOR WHICH COMPENSATION IS RECOVERABLE, UNLESS RESPONSIBILITY FOR SAFETY PRACTICES IS SPECIFICALLY ASSUMED BY CONTRACT, AND PROVIDE FOR RELATED MATTERS.

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

The Judiciary Committee proposed the following amendment (JUD3909.001), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 31, by striking Section 42-1-660, as contained in SECTION 1, and inserting therein the following:

/"Section 42-1-660. No architect, engineer, land surveyor, landscape architect, or their employees or a corporation, partnership, or firm offering architectural services, engineering services, land surveyor services, or landscape architectural services who is retained to perform professional services on a construction project is liable in any action brought pursuant to Section 42-1-560 for any injury resulting from the employer's failure to comply with safety standards on a construction project for which compensation is recoverable under this title, unless responsibility for safety practices is specifically assumed by contract or by direct supervision or continual direction of the injured employee relative to the segment of the job which results in the injury.

The immunity provided by this section does not apply to the negligent preparation of design plans or specifications."/

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. 3909--Ordered to a Third Reading

On motion of Senator J. VERNE SMITH, with unanimous consent, H. 3909 was ordered to receive a third reading on Friday, May 3, 1996.

AMENDED, READ THE SECOND TIME

H. 4502 -- Reps. Simrill, Herdklotz, Cain, Sandifer, Haskins, Meacham, Hallman, Trotter, Cato and R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-85 SO AS TO PROVIDE THAT MARRIAGES BETWEEN PERSONS OF THE SAME SEX VALID IN ANOTHER STATE ARE VOID IN SOUTH CAROLINA.

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 (JUD4502.001), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 24, by striking Section 20-1-18, as contained in SECTION 1, in its entirety.

Amend the bill further, as and if amended, page 1, beginning on line 31, in Section 20-1-10(A), as contained in SECTION 2, by striking lines 31 through 32 in their entirety and inserting therein the following:

/"Section 20-1-10. (A) All persons, except mentally incompetent persons, and/

Amend the bill further, as and if amended, page 2, by adding an appropriately numbered SECTION to read:

/SECTION ___. If any provision of this act or the application thereof to any person is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application and to this end the provisions of this act are severable./

Renumber remaining sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

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

H. 4502--Ordered to a Third Reading

On motion of Senator HOLLAND, with unanimous consent, H. 4502 was ordered to receive a third reading on Friday, May 3, 1996.

Message from the House

Columbia, S.C., May 2, 1996

Mr. President and Senators:

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

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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

H. 4995 -- Reps. Knotts, Gamble, Koon, Riser, Spearman, Stuart and Wright: A CONCURRENT RESOLUTION TO THANK REBECCA WILLIAMS KELLY FOR HER OUTSTANDING DEDICATED LEADERSHIP AND SERVICE AS MAYOR OF SOUTH CONGAREE, SOUTH CAROLINA, AND TO WISH HER WELL IN ALL HER FUTURE ENDEAVORS.

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

H. 4996 -- Reps. Martin, Baxley, Allison, Anderson, Askins, Bailey, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION TO THANK THE HONORABLE PAULA H. THOMAS FOR HER DEDICATED SERVICE, HER SIGNIFICANT CONTRIBUTIONS, AND HER CAPABLE LEADERSHIP IN THE GENERAL ASSEMBLY AND TO WISH HER WELL IN ALL HER FUTURE ENDEAVORS.

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

H. 4343 -- Reps. D. Smith, Littlejohn, Walker, Allison, Haskins, Jennings, Hutson, Cain, Harrison, Vaughn, Wilder, Law, Simrill, Herdklotz, Kirsh, Limbaugh, Gamble, Richardson and Meacham: 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 IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW.

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

H. 4447 -- Reps. Meacham, Simrill, Young-Brickell, Vaughn, Allison, Davenport, Rice, Easterday, Haskins and Lee: A BILL TO AMEND SECTION 59-63-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCY AND OTHER ELIGIBILITY REQUIREMENTS OF CHILDREN TO ATTEND PUBLIC SCHOOLS, SO AS TO DELETE A PROVISION ALLOWING A CHILD TO ATTEND A PUBLIC SCHOOL IN A PARTICULAR DISTRICT IF THE CHILD OWNS CERTAIN REAL ESTATE IN THE DISTRICT; AND TO AMEND SECTION 59-63-31, RELATING TO ADDITIONAL QUALIFICATIONS FOR ATTENDANCE AT PUBLIC SCHOOLS, SO AS TO CONFORM A REFERENCE IN THE SECTION TO THE REVISED PROVISIONS OF SECTION 59-63-30.

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

H. 4545 -- Reps. Klauber, Simrill, Askins, Chamblee, Mason, R. Smith, Limehouse, Young-Brickell, Koon, Wright, Herdklotz, Sharpe, Knotts, Tripp, Elliott, Fulmer, D. Smith, Gamble, Quinn, Kennedy, Vaughn, Rice, Cato, Bailey, Wofford, Davenport, Whatley, Haskins, Worley, J. Young, Littlejohn, Law, Allison, Riser, Witherspoon, Lanford and Carnell: A BILL TO AMEND SECTION 58-27-865, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, RATES AND CHARGES, ESTIMATES OF FUEL COSTS, REPORTS, AND ADJUSTMENT OF DIFFERENCE BETWEEN ACTUAL AND ESTIMATED COSTS, SO AS TO DEFINE "COST" FOR THE PURPOSES OF THIS SECTION, DELETE CERTAIN LANGUAGE, PROVIDE THAT IT MUST BE CONCLUSIVELY PRESUMED THAT AN ELECTRICAL UTILITY MADE EVERY REASONABLE EFFORT TO MINIMIZE COST ASSOCIATED WITH THE OPERATION OF ITS NUCLEAR GENERATION FACILITY OR SYSTEM, AS APPLICABLE, IF THE UTILITY ACHIEVED A NET CAPACITY FACTOR OF NINETY PERCENT OR HIGHER DURING THE PERIOD UNDER REVIEW.

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

H. 4546 -- Reps. Klauber, Askins, Mason, Chamblee, R. Smith, Meacham, Wright, Elliott, Koon, D. Smith, Knotts, Herdklotz, Sharpe, Bailey, Gamble, Fulmer, Tripp, Whatley, Law, Kennedy, Vaughn, Rice, Quinn, Cato, Davenport, Wofford, Haskins, Worley, Littlejohn, Riser, J. Young, Young-Brickell, Lanford, Simrill, Witherspoon and Carnell: A BILL TO AMEND SECTION 58-27-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, THE DISPOSITION OF PROPERTIES, POWERS, FRANCHISES, OR PRIVILEGES, AND THE PERMISSION TO SELL CERTAIN OUT-OF-STATE PROPERTY, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE TO "UTILITY PROPERTY", DELETE REFERENCES TO OUT-OF-STATE PROPERTY, DELETE THE REQUIREMENT OF A HEARING, AND DEFINE "UTILITY PROPERTY" FOR PURPOSES OF THIS SECTION.

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

H. 4686 -- Rep. Hodges: 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.

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

H. 4765 -- Rep. Wilder: A BILL TO AMEND SECTION 44-53-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPRESSANTS CLASSIFIED AS SCHEDULE IV CONTROLLED SUBSTANCES, SO AS TO REVISE THE SUBSTANCES COMPRISING THIS CLASSIFICATION; TO AMEND SECTION 44-53-360, RELATING TO DISPENSING OF CONTROLLED SUBSTANCES, SO AS TO CONFORM REFERENCES TO CURRENT LAW AND TO DELETE PROVISIONS RELATING TO LABELING OF CERTAIN DRUG PRODUCTS AND TO REVISE MAXIMUM PERIODS FOR WHICH CONTROLLED SUBSTANCES MAY BE PRESCRIBED; TO AMEND SECTION 44-53-710, AS AMENDED, RELATING TO METHADONE TREATMENT, SO AS TO DELETE REFERENCES TO PROGRAMS LICENSED BY THE DEPARTMENT OF MENTAL HEALTH AND APPROVED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; TO AMEND SECTION 44-53-720, RELATING TO RESTRICTIONS ON THE USE OF METHADONE, SO AS TO DELETE REFERENCES TO PROGRAMS LICENSED BY THE DEPARTMENT OF MENTAL HEALTH AND APPROVED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, AND TO AUTHORIZE DISPENSING FOR ANALGESIA; TO AMEND SECTION 44-53-730, RELATING TO RESTRICTIONS ON THE SALE OF METHADONE, SO AS TO REVISE TO WHOM METHADONE MAY BE SOLD OR DISTRIBUTED; AND TO AMEND SECTION 44-53-740, AS AMENDED, RELATING TO THE PROMULGATION OF REGULATIONS, SO AS TO DELETE REFERENCES TO FACILITIES LICENSED BY THE DEPARTMENT OF MENTAL HEALTH AND APPROVED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES.

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

H. 4782 -- Rep. Easterday: A BILL TO AMEND SECTION 37-5-203, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, DEBTORS' REMEDIES, AND CIVIL LIABILITY FOR VIOLATION OF DISCLOSURE PROVISIONS, SO AS TO PROVIDE THAT CERTAIN PROVISIONS OF THIS SUBSECTION SHALL NOT BE CONSTRUED TO IMPOSE CIVIL LIABILITY OR PENALTIES ON AN ARRANGER OF CREDIT WHEN DISCLOSURE CONSTITUTING A VIOLATION OF THE FEDERAL TRUTH IN LENDING ACT IS ACTUALLY COMMITTED BY ANOTHER PERSON AND THE ARRANGER OF THE CREDIT HAS NO KNOWLEDGE OF THE VIOLATION WHEN IT OCCURRED, AND TO REQUIRE THE CREDITOR TO PROVIDE A COPY OF THE FINAL CLOSING DOCUMENTS TO THE ARRANGER OF CREDIT; TO AMEND SECTION 40-58-20, AS AMENDED, RELATING TO DEFINITIONS UNDER THE PROVISIONS OF LAW ON THE REGISTRATION OF MORTGAGE LOAN BROKERS, SO AS TO DEFINE "REGULAR BUSINESS HOURS", "SATELLITE OFFICE", AND "TABLE-FUNDED TRANSACTION", AND TO MAKE CERTAIN CHANGES TO THE DEFINITION OF "EXEMPT PERSON OR ORGANIZATION"; TO AMEND THE 1976 CODE BY ADDING SECTION 40-58-35 SO AS TO PROVIDE THAT A MORTGAGE LOAN BROKER MAY CONTRACT FOR AND RECEIVE A LOAN BROKER'S FEE AS SET FORTH IN THE BROKER'S FEE AGREEMENT WITH THE APPLICANT, AND PERMIT THE AGREEMENT TO INCLUDE A NONREFUNDABLE APPLICATION FEE; TO AMEND SECTION 40-58-65, RELATING TO THE REGISTRATION OF MORTGAGE LOAN BROKERS, RECORDS, CONFIDENTIALITY, THE PHYSICAL PRESENCE OF A MORTGAGE BROKER IN THE STATE, AND OFFICIAL PLACE OF BUSINESS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A REGISTERED MORTGAGE LOAN BROKER WITH AN OFFICIAL PLACE OF BUSINESS WITHIN SOUTH CAROLINA ALSO MAY MAINTAIN ONE OR MORE SATELLITE OFFICES UNDER CERTAIN CONDITIONS; TO AMEND SECTION 40-58-110, AS AMENDED, RELATING TO THE REGISTRATION OF MORTGAGE LOAN BROKERS, FIRST TIME REGISTRANTS' PROCESSING FEES, AND ANNUAL RENEWAL OF REGISTRATION, SO AS TO PROVIDE THAT A BROKER SHALL PAY AN INITIAL FEE OF FIFTY DOLLARS WHEN REGISTERING EACH SATELLITE LOCATION AND THAT THERE SHALL BE NO RENEWAL FEE CHARGED A SATELLITE OFFICE, REQUIRE THE BROKER TO GIVE WRITTEN NOTICE OF TEN DAYS BEFORE THE OPENING OF A NEW, OFFICIAL BRANCH OR SATELLITE LOCATION, AND PROVIDE THAT NO FEE IS REQUIRED WHEN THE REGISTRANT GIVES NOTICE OF A CHANGE OF ADDRESS FOR AN OFFICIAL BRANCH OR SATELLITE LOCATION; TO AMEND SECTION 37-10-102, AS AMENDED, RELATING TO THE CONSUMER PROTECTION CODE, MISCELLANEOUS LOAN PROVISIONS, AND ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE INSTEAD THAT AN ATTORNEY LICENSED TO PRACTICE LAW IN SOUTH CAROLINA MUST BE INVOLVED IN THE CLOSING OF THE LOAN FOR CERTAIN PURPOSES, AND TO PROVIDE THAT THE TITLE INSURANCE MUST BE ISSUED THROUGH A TITLE INSURANCE COMPANY LICENSED TO CONDUCT BUSINESS IN SOUTH CAROLINA AND MUST BE ACCEPTABLE TO THE LENDER; AND TO AMEND SECTION 37-3-201, AS AMENDED, RELATING TO THE CONSUMER PROTECTION CODE, LOANS, MAXIMUM CHARGES, AND THE LOAN FINANCE CHARGE FOR CONSUMER LOANS OTHER THAN SUPERVISED LOANS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO A MORTGAGE LOAN BROKER AS DEFINED IN SECTION 40-58-20.

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

H. 4795 -- Rep. Gamble: A BILL TO AMEND SECTION 37-10-102, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, SO AS TO PROVIDE THAT THE ATTORNEY'S PREFERENCE AND THE INSURANCE AGENT'S PREFERENCE OF THE BORROWER REQUIRED TO BE ASCERTAINED BY THE CREDITOR IN CONNECTION WITH THESE LOANS ARE INDEPENDENT OF EACH OTHER AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE CREDITOR SHALL COMPLY WITH THIS REQUIREMENT; TO AMEND SECTION 37-10-105, RELATING TO PENALTIES FOR CERTAIN VIOLATIONS OF THE CONSUMER PROTECTION CODE, SO AS TO PROVIDE THAT VIOLATIONS OF SECTION 37-10-102 ABOVE RELATING TO THE ASCERTAINING OF THE ATTORNEY'S PREFERENCE AND THE INSURANCE AGENT'S PREFERENCE OF A BORROWER SHALL BE PUNISHED AS PROVIDED IN SECTION 37-5-202 BELOW; AND TO AMEND SECTION 37-5-202, RELATING TO VIOLATIONS OF THE CONSUMER PROTECTION CODE AND THE RIGHTS OF THE PARTIES IN REGARD THERETO INCLUDING THE RIGHT TO RECOVER DAMAGES, SO AS TO INCLUDE THEREIN VIOLATIONS OF SECTION 37-10-102 IN REGARD TO ATTORNEY AND INSURANCE AGENT PREFERENCES.

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

H. 4838 -- Reps. Moody-Lawrence, Kirsh, McMahand, Harvin, L. Whipper, Inabinett, M. Hines, Sheheen, J. Hines, Cobb-Hunter, Neal, Breeland, S. Whipper, White, H. Brown, Meacham, Kennedy, McCraw, Bailey, Allison, Young-Brickell, Clyburn, Lloyd, Cave, T. Brown, Scott, Howard, Byrd, Wells, Lee, Canty, Davenport, Simrill, Walker, Anderson, Tripp, Littlejohn, Delleney and Waldrop: A JOINT RESOLUTION TO INSTRUCT THE DEPARTMENT OF REVENUE AND TAXATION TO DEVELOP A PROCESS THAT ALLOWS A DRIVER WHO COMMITS A TRAFFIC VIOLATION IN ANOTHER STATE TO INFORM THE DEPARTMENT OF THE VIOLATION AND ITS DISPOSITION.

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

H. 4861 -- Rep. Boan: A BILL TO AMEND CHAPTER 57, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF REAL ESTATE BROKERS, COUNSELORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS, SO AS TO REVISE THE CHAPTER TO CONFORM TO A UNIFORM FRAMEWORK FOR THE ORGANIZATION AND OPERATION OF PROFESSIONAL AND OCCUPATIONAL BOARDS.

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

H. 4871 -- Reps. Harrison, D. Smith and Wilkins: A BILL TO DEVOLVE THE POWERS, DUTIES, AND RESPONSIBILITIES OF THE SECRETARY OF STATE UPON CERTAIN STATE OFFICERS, PERSONS, AND AGENCIES.

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

H. 4902 -- Reps. Limehouse, Wilder, McMahand, Stoddard, Vaughn, Trotter, Rhoad, Breeland, Tripp, Easterday, Harrell and Herdklotz: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE BY ADDING CHAPTER 42 SO AS TO ESTABLISH THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK ACT AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO AUTHORIZE THE BANK TO PROVIDE LOANS AND OTHER FINANCIAL ASSISTANCE TO GOVERNMENT UNITS AND PRIVATE ENTITIES TO FINANCE PUBLIC HIGHWAY AND TRANSIT PROJECTS; TO AUTHORIZE THE DEPARTMENT OF TRANSPORTATION TO FUND THE BANK WITH UP TO FIVE PERCENT OF FUNDS APPROPRIATED FOR THE CONSTRUCTION AND MAINTENANCE OF STATE HIGHWAYS TO ALLOW FEDERAL GRANTS, LOAN REPAYMENTS, AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE BANK; AND TO AUTHORIZE LENDING TO AND BORROWING BY GOVERNMENT UNITS AND PRIVATE ENTITIES THROUGH THE BANK.

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

H. 4959 -- Rep. Martin: A BILL TO AMEND SECTION 16-3-655, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT WITH MINORS, SO AS TO PROVIDE THAT A PERSON IS GUILTY OF CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE IF HE KNOWINGLY ENGAGES IN SEXUAL BATTERY WITH CERTAIN VICTIMS AND REVISE THE AGE OF CERTAIN PERPETRATORS OF THIS CRIME.

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

H. 4973 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSIONERS OF PILOTAGE FOR THE PORT OF CHARLESTON, RELATING TO CONTROL OF VESSELS DURING DOCKING AND UNDOCKING OPERATIONS; INCREASE IN REGISTRATION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1910, 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 Transportation.

H. 4979 -- Reps. Carnell, McAbee, Boan, Hallman and Keegan: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES AND THE DEPARTMENT OF CORRECTIONS.

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

CONCURRENCE

S. 642 -- Senator Thomas: A BILL TO AMEND SECTION 56-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SELF-INSURERS, AND DETERMINATION OF FINANCIAL RESPONSIBILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT A COPY OF THE APPLICANT'S LATEST FINANCIAL STATEMENT PREPARED BY A CERTIFIED PUBLIC ACCOUNTANT LICENSED TO DO BUSINESS IN SOUTH CAROLINA INDICATING THAT THE APPLICANT HAS A POSITIVE NET WORTH MUST BE SUBMITTED FOR A DETERMINATION OF FINANCIAL RESPONSIBILITY, AND THAT AN APPLICANT MAY BE REQUIRED TO DEPOSIT IN A SEGREGATED SELF-INSURED CLAIMS ACCOUNT THE SUM OF THREE THOUSAND DOLLARS FOR EACH VEHICLE TO BE COVERED BY THE SELF-INSURER'S CERTIFICATE.

The House returned the Bill with amendments.

On motion of Senator THOMAS, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

CONCURRENCE

S. 774 -- Senator Land: A BILL TO AMEND SECTION 56-31-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION AND USE OF SURCHARGES IMPOSED UPON THE PRIVATE PASSENGER MOTOR VEHICLES RENTED FOR THIRTY-ONE DAYS OR LESS, AND TO CERTAIN REPORTS, VIOLATIONS, PENALTIES, REGULATIONS, AND FORMS PERTAINING TO THE COLLECTION OF THE SURCHARGES, SO AS TO PROVIDE THAT THE SURCHARGES ARE A SALES TAX THAT BELONGS TO THE STATE WHICH MUST BE PLACED IN A SEGREGATED ACCOUNT, THE SURCHARGES ARE NOT SUBJECT TO CERTAIN CREDITOR LIENS, AND ARE NOT GROSS RECEIPTS OR REVENUE, AND A PERSON OR ENTITY MAY NOT IMPOSE A FEE, PENALTY, OR EXPENSE ON INDIVIDUALS COMPLYING WITH THIS PROVISION.

The House returned the Bill with amendments.

On motion of Senator LAND, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF H. 4600, THE GENERAL APPROPRIATION BILL.

AMENDED, READ THE THIRD TIME, RETURNED TO THE
HOUSE WITH AMENDMENTS

H. 4600 -- GENERAL APPROPRIATION BILL

RECESS

At 11:15 A.M., on motion of Senator DRUMMOND, the Senate receded from business until 11:30 A.M.

At 11:32 A.M., the Senate resumed.

Point of Quorum

At 11:35 A.M., Senator SETZLER made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

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

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

A quorum being present, the Senate resumed.

Presence Recorded

Senators J. VERNE SMITH, SALEEBY and ALEXANDER recorded their presence subsequent to the Call of the Senate.

Amendment No. 164

Senators PASSAILAIGUE and ROSE proposed the following Amendment No. 164 (4600R547.ELP), which was adopted:

Amend the bill, as and if amended, Part II, on page 662, after line 34, by adding a new section to read:

/SECTION .

TO PROVIDE FOR A STATE-WIDE REFERENDUM ON THE QUESTION OF ELIMINATING AD VALOREM TAXES ON OWNER-OCCUPIED RESIDENTIAL REAL PROPERTY AND AUTHORIZING THE GENERAL ASSEMBLY TO ENACT NECESSARY AND APPROPRIATE LEGISLATION TO IMPLEMENT THE PROPERTY TAX EXEMPTION AND ADDRESS THE BUDGETARY EFFECTS OF SUCH IMPLEMENTATION, NO LATER THAN JULY 1, 1997; AND TO REQUIRE THE DEPARTMENT OF REVENUE TO PUBLISH NOTICE OF THE REFERENDUM AND PREPARE A FISCAL IMPACT STATEMENT.

A. The State Election Commission shall conduct a state-wide referendum on November 5, 1996, on the question of eliminating ad valorem taxes on owner-occupied residential real property. The state election laws apply to this referendum, mutatis mutandis. The commission shall canvass the results of the referendum and certify the results to the director of the Department of Revenue and Taxation and the Code Commissioner. The referendum question must read substantially as follows:

"Do you favor granting owner-occupied residential property an exemption from all property taxes levied for operating purposes except those levied pursuant to referendum and those levied by special purpose or public service districts, county special tax districts, and for debt service and do you favor authorizing the General Assembly to enact necessary and appropriate legislation to implement the property tax exemption and address the budgetary effects of such implementation, no later than July 1, 1997?

[]Yes
[]No

B. The Department of Revenue shall publish the date and purpose of the referendum once a week for four consecutive weeks immediately preceding the date of the referendum, in a newspaper of general circulation in the jurisdiction. The department shall also prepare a fiscal impact statement on the elimination of the ad valorem property taxes as proposed in the referendum.

C. Upon the certification of the State Election Commission to the Code Commissioner of a majority "yes" vote in the referendum provided for above and no later than July 1, 1997, the General Assembly shall enact necessary and appropriate legislation to implement the property tax exemption provided for above and address the budgetary effects of such implementation, using any lawful method.

D. This SECTION takes effect upon approval by the Governor. /

Amend sections, totals and title to conform.

Senator PASSAILAIGUE explained the amendment.

Point of Order

Senator WILSON raised a Point of Order that the amendment was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase... new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increase or new general taxes must be enacted only by separate act."

Senator WILSON spoke on the Point of Order.

Senator PASSAILAIGUE spoke on the Point of Order.

Senator LEATHERMAN spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator BRYAN argued contra.

The amendment was adopted.

Recorded Vote

Senators HAYES and BRYAN desired to be recorded as voting against the adoption of the amendment.

Amendment No. 166

Senator ELLIOTT proposed the following Amendment No. 166 (JIC\5981HTC.96), which was tabled:

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

/SECTION

TO IMPOSE A USER FEE OF FIVE CENTS A GALLON ON REFINERS FOR EACH GALLON OF GASOLINE THEY IMPORT INTO THIS STATE, TO PROVIDE FOR THE COLLECTION OF THE FEE, AND TO REQUIRE THE FEE REVENUE TO BE CREDITED TO THE STATE HIGHWAY FUND.

A. Every refiner producing gasoline which is imported into this State shall remit to the Department of Revenue and Taxation a user fee of five cents on each gallon of its gasoline imported into this State. This fee is in addition to any taxes that may be due on the gasoline pursuant to Chapter 28 of Title 12 of the 1976 Code. The Department of Revenue and Taxation shall collect this user fee as if for all purposes it were a gasoline tax imposed pursuant to Section 12-28-310. Revenues of the user fee must be credited to the State Highway Fund.

B. This section is effective July 1, 1996./

Amend sections, totals and title to conform.

Senator ELLIOTT explained the amendment.

Senator BRYAN moved to lay the amendment on the table.

The amendment was laid on the table.

OBJECTION

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.

Senator COURTNEY asked unanimous consent to make a motion to take up the Bill for immediate consideration.

Senator RICHTER objected.

RECESS

At 12:10 P.M., on motion of Senator DRUMMOND, the Senate receded from business not to exceed fifteen minutes.

At 12:30 P.M., the Senate resumed.

Leave of Absence

At 12:30 P.M., Senator McGILL requested a leave of absence beginning at 4:00 P.M. until 10:00 P.M.

Leave of Absence

At 12:30 P.M., Senator FAIR requested a leave of absence from 1:00 - 1:30 P.M.

Leave of Absence

At 12:30 P.M., Senator ROSE requested a leave of absence until 7:00 P.M.

Amendment No. 190

Senator WILSON proposed the following Amendment No. 190 (GJK\22805SD.96), which was adopted:

Amend the bill, as and if amended, Part II, by adding a new section to read:

/SECTION

TO AMEND SECTION 56-3-1820, AS AMENDED, OF THE 1976 CODE, RELATING TO SPECIAL LICENSE PLATES FOR NATIONAL GUARD MEMBERS, SO AS TO ELIMINATE THE THIRTY DOLLAR BIENNIAL FEE WHICH IS IN ADDITION TO THE REGULAR MOTOR VEHICLE REGISTRATION FEE.

Section 56-3-1820 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:

"Section 56-3-1820. The special license plates must be of the same size and general design of regular motor vehicle license plates upon which must be imprinted 'National Guard' and the figure of the 'Minute Man' with numbers the department may determine. Special license plates for retired members of the National Guard must denote the member's retired status in the location and manner determined by the department. The biennial fee for the special license plates is ~~thirty dollars in addition to~~ the regular motor vehicle registration fee prescribed by Article 5 of this chapter. The plates must be issued for biennial periods November first to October thirty-first."/

Amend sections, totals and title to conform.

Senator WILSON explained the amendment.

Senator DRUMMOND spoke on the amendment.

The amendment was adopted.

Amendment No. 192

Senator LANDER proposed the following Amendment No. 192 (PT\2516HTC.96), which was adopted:

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

/SECTION

TO AMEND THE 1976 CODE BY ADDING SECTION 51-23-35 SO AS TO AUTHORIZE THE USE OF PARKS AND RECREATION FUND REVENUES IN THE REPAIR AND RESTORATION OF HISTORIC THEATERS.

Chapter 23, Title 51 of the 1976 Code is amended by adding:

"Section 51-23-35. Notwithstanding the provisions of Section 51-23-20 or any other provision of this chapter, funds allocated to a county area pursuant to the grants program authorized by this chapter may be used for the repair and restoration of historic theaters."/

Amend sections, totals and title to conform.

Senator DRUMMOND spoke on the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

On motion of Senator DRUMMOND, with unanimous consent, the motion to table was withdrawn.

Senator RICHTER spoke on the amendment.

RECESS

At 12:43 P.M., on motion of Senator LAND, with Senator RICHTER retaining the floor, the Senate receded from business not to exceed five minutes.

At 12:50 P.M., the Senate resumed.

Senator RICHTER continued arguing in favor of the adoption of the amendment.

The amendment was adopted.

Amendment No. 193

Senator PEELER proposed the following Amendment No. 193 (GJK\22804SD.96), which was adopted:

Amend the bill, as and if amended, Part II, by adding a new section to read:

/SECTION

TO AMEND SECTION 24-21-12, AS AMENDED, OF THE 1976 CODE, RELATING TO COMPENSATION FOR MEMBERS OF THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO PROVIDE COMPENSATION THAT MEMBERS SHALL RECEIVE FOR BOARD HEARING DAYS, TO PROVIDE THAT THE PER DIEM OF MEMBERS SHALL BE FOR HEARING DAYS, AND TO PROHIBIT THE PAYMENT OF PER DIEM ON STUDY DAYS FOR THE REVIEW OF CASES.

A. Section 24-21-12 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 24-21-12. The members of the board shall draw no salaries, but the chairman of the board is entitled to one hundred seventy-five dollars for each hearing day and each member ~~shall be~~ is entitled to ~~such~~ one hundred fifty dollars for each hearing day. All members shall receive per diem for hearing days as may be authorized by law for boards, commissions, and committees, plus actual and necessary expenses incurred pursuant to the discharge of official duties. However, no per diem or any other compensation or expenses may be paid for study days for reviewing cases."

B. This section takes effect July 1, 1996. /1

Amend sections, totals and title to conform.

Senator PEELER explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Statement by Senator COURTNEY

I certify that I took no action in the matter of the adoption of Amendment No. 193 which would preclude my representation of a client under the provisions of Section 8-13-745.

Statement by Senator HOLLAND

I certify that I took no action in the matter of the adoption of Amendment No. 193 which would preclude my representation of a client under the provisions of Section 8-13-745.

Amendment No. 194

Senator PATTERSON proposed the following Amendment No. 194 (PFM\9364SD.96), which was adopted:

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

/SECTION __

TO AMEND SECTION 8-11-640, AS AMENDED, OF THE 1976 CODE, RELATING TO CREDIT FOR PRIOR STATE SERVICE IN COMPUTING BONUS LEAVE EARNINGS AND OTHER RELATED MATTERS, SO AS TO INCREASE FROM TEN TO TWENTY THE MAXIMUM NUMBER OF YEARS FOR WHICH CERTAIN EMPLOYEES SHALL RECEIVE CREDIT FOR PRIOR STATE SERVICE FOR PURPOSES OF COMPUTING BONUS EARNINGS.

Section 8-11-640 of the 1976 Code, as last amended by Act 523 of 1994, is further amended to read:

"Section 8-11-640. All employees of the State as of June 2, 1972, shall receive full credit for employment prior to such date. Following the date of June 2, 1972, all employees who are rehired following a break in service shall be given credit for prior state service ~~to a maximum of ten years~~ for purposes of computing bonus earnings. In the event an employee transfers from one state agency to another, his annual leave balance shall also be transferred.

Any permanent employee of a state agency or department must be given full state service credit for prior service as a certified employee of a school district of this State for purposes of computing bonus earnings and no credit under this paragraph may be given for any out-of-state teaching service or other service with an out-of-state school district."/

Amend sections, totals and title to conform.

Senator DRUMMOND spoke on the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 206

Senators MATTHEWS and WASHINGTON proposed the following Amendment No. 206 (PFM\9274AC.96), which was adopted:

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

/SECTION __.

TO AMEND SECTION 44-93-100, AS AMENDED, OF THE 1976 CODE, RELATING TO FEES ON COMMERCIAL TREATMENT OF INFECTIOUS WASTE, SO AS TO REDUCE THE FEE PER TON FROM THIRTY TO SIXTEEN DOLLARS; TO AMEND SECTION 44-93-165, RELATING TO DISTRIBUTION OF FEES FROM THE COMMERCIAL TREATMENT OF INFECTIOUS WASTE, SO AS TO PROVIDE THAT EIGHT DOLLARS OF THE PER TON FEE MUST BE RETURNED IN A SPECIFIED MANNER TO THE COUNTY IN WHICH THE FEE WAS COLLECTED; AND TO AMEND SECTION 44-93-170, AS AMENDED, RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO DELETE CERTAIN LANGUAGE STIPULATING HOW FEES ARE ALLOCATED TO THE FUND AND HOW FEES IN THE FUND MUST BE CREDITED IF THE FUND BALANCE EXCEEDS FIVE MILLION DOLLARS, AND TO PROVIDE THAT IF THE FUND REACHES A BALANCE OF TWO HUNDRED THOUSAND DOLLARS OR LESS, THE SIXTEEN DOLLAR FEE REFERENCED ABOVE MUST BE INCREASED TO THIRTY DOLLARS WITH THE ADDITIONAL FEE AMOUNT BEING CREDITED TO THE FUND UNTIL THE FUND REACHES THREE HUNDRED FIFTY THOUSAND DOLLARS, AND TO REQUIRE ALL MONIES NOW IN THE FUND IN EXCESS OF THREE HUNDRED FIFTY THOUSAND DOLLARS TO BE DISTRIBUTED TO THE COUNTIES IN WHICH THE FEES WERE COLLECTED.

A. Section 44-93-160(A) of the 1976 Code, as last amended by Section 30B, Part II, Act 497 of 1994, is further amended to read:

"(A) There is a fee on the treatment of infectious waste in this State equal to ~~thirty~~ sixteen dollars a ton on the pretreatment weight of infectious waste to be imposed upon facilities required to be permitted pursuant to this chapter."

B. Section 44-93-165 of the 1976 Code, as added by Section 30A, Part II, Act 497 of 1994, is amended to read:

"Section 44-93-165. The department shall establish an Infectious Waste Program Fund to ensure the availability of funds to carry out the department's responsibilities under this chapter. This fund must be financed by the fees imposed pursuant to Section 44-93-160. From the revenue derived from the fees on infectious waste, an amount equal to eight dollars per ton must be deposited into the Infectious Waste Program Fund. The remaining eight dollars per ton must be returned to the county in which the fee is imposed and collected and released by the County Treasurer upon the written request of a majority of the legislative delegation of the recipient county."

C. Section 44-93-170 of the 1976 Code, as last amended by Section 30C, Part II, Act 497 of 1994, is further amended to read:

"Section 44-93-170. (A) The department shall establish an Infectious Waste Contingency Fund to ensure the availability of funds for response actions necessary at permitted infectious waste treatment facilities and necessary from accidents in the transportation of infectious waste and to defray the cost of governmental response actions associated with infectious waste. After funding of the Infectious Waste Program Fund, as provided for in Section 44-93-165, the Infectious Waste Contingency Fund must be financed by the remaining fees imposed pursuant to Section 44-93-160. The fees credited to the Infectious Waste Contingency Fund must be allocated as follows: an amount equal to two-thirds of the fees must be deposited into the fund and an amount equal to one-third of the fees must be held in a separate and distinct account within the fund for the purpose of being returned to each county in which the fee imposed by Section 44-93-160 is collected. When the amount of fees held in the Infectious Waste Contingency Fund meets or exceeds five million dollars, two-thirds of all subsequent fees to be credited to the Infectious Waste Contingency Fund must be remitted to the Hazardous Waste Contingency Fund established pursuant to Section 44-56-160(A) to assist in defraying the costs of governmental response actions at uncontrolled hazardous waste sites, with the remaining one-third of all subsequent fees credited to the Infectious Waste Contingency Fund continuing to be placed into a separate and distinct account for counties as provided in this section. Interest earned by the funds must be credited to the general fund of the State. Proceeds of the county account returned to a county pursuant to this section must be released by the State Treasurer upon the written request of a majority of the legislative delegation of the recipient county.

(B) If the balance in the Infectious Waste Contingency Fund reaches two hundred thousand dollars or less, the fee imposed by Section 44-93-160 is increased to thirty dollars with fourteen dollars being credited to the Infectious Waste Contingency Fund until the fund reaches three hundred fifty thousand dollars, at which time the fee reverts to sixteen dollars per ton."

D. Notwithstanding any other provision of law, all funds now credited to the Infectious Waste Contingency Fund pursuant to Section 44-93-170 of the 1976 Code in excess of three hundred fifty thousand dollars must be distributed pro rata to each county in which the fee imposed by Section 44-93-160 is collected and released by the County Treasurer upon the written request of a majority of the legislative delegation of the recipient county.

E. This section takes effect July 1, 1996./

Renumber sections to conform.

Amend title to conform.

Senator MATTHEWS explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Recorded Vote

Senator PEELER desired to be recorded as voting against the adoption of the amendment.

Amendment No. 210

Senator J. VERNE SMITH proposed the following Amendment No. 210 (GJK\22794HTC.96), which was adopted:

Amend the bill, as and if amended, Part II, by adding a new section to read:

/SECTION

TO AMEND THE 1976 CODE BY ADDING SECTION 12-4-380 SO AS TO REQUIRE THE DEPARTMENT OF REVENUE AND TAXATION ANNUALLY TO REPORT TO THE GENERAL ASSEMBLY ON THE REVENUE IMPACT OF POLICY DOCUMENTS PRESCRIBED, AMENDED, OR REVOKED IN THE MOST RECENTLY COMPLETED FISCAL YEAR AND TO REQUIRE IN THE REPORT DETAIL ON TAX LIABILITIES REDUCED BY ORDER OF THE DIRECTOR OF THE DEPARTMENT.

A. Article 3, Chapter 4, Title 12 of the 1976 Code is amended by adding:

"Section 12-4-380. The department annually shall report to the General Assembly on the revenue impact of policy documents prescribed, amended, or revoked in the most recently completed fiscal year and in the report shall provide detail on tax liabilities reduced by order of the director."

B. This section is effective with respect to fiscal years beginning after June 30, 1994. /

Amend sections, totals and title to conform.

Senator J. VERNE SMITH moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 216

Senator LAND proposed the following Amendment No. 216 (JIC\5986AC.96), which was adopted:

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

/SECTION

TO AMEND SECTION 61-3-440, AS AMENDED, OF THE 1976 CODE, RELATING TO PROHIBITING ISSUING ALCOHOLIC BEVERAGE LICENSES WITHIN A CERTAIN DISTANCE OF CHURCHES, SCHOOLS, OR PLAYGROUNDS, SO AS TO REVISE THE EXEMPTIONS AND TO REQUIRE APPLICANTS TO PAY A FIVE DOLLAR CERTIFICATION FEE TO DETERMINE IF THE EXEMPTION APPLIES.

Section 61-3-440 of the 1976 Code, as last amended by Section 1583 of Act 181 of 1993, is further amended to read:

"Section 61-3-440. (A) The department shall not grant or issue any license provided for in this chapter, Chapter 7, and Article 3 of Chapter 13, if the place of business is within three hundred feet of any church, school, or playground situated within a municipality or within five hundred feet of any church, school, or playground situated outside of a municipality. Such distance shall be computed by following the shortest route of ordinary pedestrian or vehicular travel along the public thoroughfare from the nearest point of the grounds in use as part of such church, school, or playground, which, as used herein, shall be defined as follows:

(1) 'Church', an establishment, other than a private dwelling, where religious services are usually conducted;

(2) 'School', an establishment, other than a private dwelling where the usual processes of education are usually conducted; and

(3) 'Playground', a place, other than grounds at a private dwelling, which is provided by the public or members of a community for recreation.

The above restrictions ~~shall~~ do not apply to the renewal of licenses ~~existing on July 10, 1960 or to locations then existing~~ and they do not apply to new applications for locations which are licensed at the time the new application is filed with the department.

(B) An applicant for license renewal or for a new license at an existing location shall pay a five dollar certification fee to determine if the exemptions provided for in subsection (A) apply. " /

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 222

Senators LAND, MESCHER and MATTHEWS proposed the following Amendment No. 222 (4600R410.JCL), which was adopted:

Amend the bill, as and if amended, Part II, by adding a new section to read:

/SECTION

TO AMEND CHAPTER 9, TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY GOVERNMENT, BY ADDING SECTION 4-9-15, SO AS TO PROVIDE THAT A COUNTY COUNCIL MAY, IN LIEU OF PROVIDING OFFICE SPACE AND APPROPRIATIONS FOR THE OPERATION OF THE COUNTY LEGISLATIVE DELEGATION OFFICE AS REQUIRED BY SECTION 3 OF ACT 283 OF 1975, MAKE DIRECT PAYMENTS TO MEMBERS OF THE DELEGATION TO OFFSET EXPENSES INCURRED BY THE MEMBERS ON BEHALF OF THE DELEGATION, AND TO PROVIDE THAT ALL PAYMENTS REQUIRED TO BE MADE PURSUANT SECTION 3 OF ACT 283 OF 1975 AND PURSUANT TO THIS SECTION SHALL BE MADE FROM FUNDS DISTRIBUTED TO THE COUNTY UNDER THE STATE AID SUBDIVISIONS ACT PURSUANT TO SECTION 6-27-40.

A. Chapter 9, Title 4 of the 1976 Code is amended by adding:

"Section 4-9-15. (A) A county council may, in lieu of providing office space and appropriations for the operation of the county legislative delegation office as required by Section 3 of Act 283 of 1975, make direct payments to members of the delegation to offset expenses incurred by the members on behalf of the delegation. The amount of such payments shall not exceed a reasonable amount necessary to provide the office and support as referenced in Section 3 of Act 283 of 1975. Each member of the delegation shall receive that proportion of the total payments made which is equal to the proportion of the population of the county that the member represents.

(B) All payments required to be made pursuant to Section 3 of Act 283 of 1975 and pursuant to subsection (A) of this section shall be made from funds distributed to the county under the State Aid to Subdivisions Act, pursuant to Section 6-27-40."

B. This section takes effect upon approval of the Governor./ Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Recorded Vote

Senator MARTIN desired to be recorded as voting against the adoption of the amendment.

ACTING PRESIDENT PRESIDES

At 1:39 P.M., Senator MARTIN assumed the Chair.

Motion to Reconsider Adopted
Amendment No. 206

Having voted on the prevailing side, Senator LEVENTIS asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 206 (PFM\9274AC.96) proposed by Senators MATTHEWS and WASHINGTON was adopted.

The motion to reconsider was adopted.

On motion of Senator LEVENTIS, with unanimous consent, Amendment No. 206 was carried over and later withdrawn.

Amendment No. 227

Senator LAND proposed the following Amendment No. 227 (DKA\3742HTC.96), which was adopted:

Amend the bill, as and if amended, Part II, by adding a new section to read:

/SECTION __

TO AMEND THE 1976 CODE BY ADDING SECTION 40-7-28 SO AS TO MAKE IT LAWFUL FOR A LICENSE COSMETOLOGIST TO WORK IN A BARBER SHOP UPON OBTAINING A MASTER HAIR CARE SPECIALIST LICENSE AT AN ANNUAL FEE OF FORTY-FIVE DOLLARS.

Chapter 7, Title 40 of the 1976 Code is amended by adding:

"Section 40-7-28. Notwithstanding any other provision of law, a licensed cosmetologist may work in a barber shop upon obtaining a master hair care specialist license at an annual fee of forty-five dollars. Such licenses must be issued to persons licensed under Chapter 13 of this title upon application and payment of the applicable fee."/

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 177

Senator LAND proposed the following Amendment No. 177 (BBM\10832DW.96), which was adopted:

Amend the bill, as and if amended, Part II, Section 31, page 612, by inserting on line 36:
/TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR THE RELEASE AND USE OF CERTAIN PERSONAL INFORMATION RELATING TO MOTOR VEHICLE RECORDS; TO AMEND SECTIONS 16-3-1710 AND 16-3-1720, RELATING TO THE CRIMES OF HARASSMENT AND STALKING, SO AS TO MAKE IT A CRIME FOR A PERSON CONVICTED OF THESE CRIMES WHO RECEIVED LICENSING OR REGISTRATION INFORMATION PURSUANT TO ARTICLE 4, CHAPTER 3, TITLE 56; AND TO REPEAL SECTION 30-4-40(a)(12) RELATING TO THE EXEMPTION FROM DISCLOSURE OF INFORMATION REGARDING THE NAME, ADDRESS, AND TELEPHONE NUMBER OF A PERSON IN WHOSE NAME A MOTOR VEHICLE LICENSE PLATE IS REGISTERED.

SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 4
Release of Licensing and Registration Information

Section 56-3-510. Department records relating to the registration and licensing of motor vehicles must be released only as provided in this article. A person who requests registration and licensing information must submit the request on a form provided by the department. A completed form must:

(1) contain the name and address of the person making the request, the date of the request, the reason for the request, and a statement certifying that the information requested will not be used for a purpose related to telephone marketing or telephone solicitation; and

(2) be signed by the person making the request.

Section 56-3-520. (A) The department must retain a request made pursuant to Section 56-3-510 for five years from the date of its submission.

(B) Upon a person's written request, the department must release a copy of all request forms relating to the person's records.

Section 56-3-530. The department may charge a fee for releasing information pursuant to this article. The department must promulgate regulations:

(1) providing a procedure whereby persons making repetitive requests may maintain an account with the department for the payment of fees incurred in the production of requested records;

(2) providing a procedure for electronic processing of requests; and

(3) providing for appropriate security measures to ensure that records are released only to the person identified as making the request.

Section 56-3-540. The department shall implement methods and procedures to ensure that:

(1) individuals are provided an opportunity, in a clear and conspicuous manner, to opt-out and prohibit the use of motor vehicle record information about them for distribution for surveys, marketing, and solicitations; and

(2) surveys, marketing, and solicitations will not be directed at those individuals who have requested in a timely fashion that they not be directed at them."

SECTION 2. Section 16-3-1710 of the 1976 Code, as added by Act 94 of 1995, is amended by adding:

"(C) In addition to the penalties provided in this section, a person convicted of harassment who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fined two hundred dollars or imprisoned thirty days, or both."

SECTION 3. Section 16-3-1720 of the 1976 Code, as added by Act 94 of 1995, is amended by adding:

"(D) In addition to the penalties provided in this section, a person convicted of stalking who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fined one thousand dollars or imprisoned one year, or both."

SECTION 4. Item (12) of Section 30-4-40(a) of the 1976 Code, as added by Act 1 of 1995, is repealed.

SECTION 5. This act takes effect upon approval by the Governor./

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Recorded Vote

Senators PEELER, BRYAN, COURTNEY, WALDREP, GREGORY, RUSSELL, GIESE and FAIR desired to be recorded as voting against the adoption of the amendment.

Statement by Senator BRYAN

I voted against Amendment No. 177 to H. 4600 due to my objection to selling lists of persons with driver's licenses.

MADE SPECIAL ORDER

H. 3838 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE.

On behalf of the Chairmen's Committee, Senator COURTNEY asked unanimous consent to make a motion that the Bill be made a Special Order.

The Bill was made a Special Order.

Recorded Vote

Senator MARTIN desired to be recorded as voting against the motion to make the Bill a Special Order.

Amendment No. 196

Senator DRUMMOND proposed the following Amendment No. 196 (JIC\5976HTC.96), which was ruled out of order:

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

/SECTION

TO AMEND THE 1976 CODE BY ADDING SECTION 12-36-2125 SO AS TO PROHIBIT PRICE INCREASES ON PRODUCTS OR SERVICES FOR THE PURPOSE OF RECAPTURING SALES OR USE TAX NO LONGER DUE AS A RESULT OF EXEMPTING THE PRODUCT OR SERVICE FROM SALES TAX.

A. Article 21, Chapter 36, Title 12 of the 1976 Code is amended by adding:

"Section 12-36-2125. If a product or service is exempted in whole or in part from the sales and use tax, then the retailer may not increase the price of the product or service for the purpose of recapturing any of the amount added to the sale price for sales or use tax. When the retailer does not separately add the tax to the sales price, then the sales price must be reduced by an amount equivalent to the tax formerly included."

B. This section takes effect July 1, 1996./

Amend sections, totals and title to conform.

Senator DRUMMOND explained the amendment.

Point of Order

Senator ELLIOTT raised a Point of Order that the amendment was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase... new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act."

Senator DRUMMOND spoke on the Point of Order.

Senator LEVENTIS spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator DRUMMOND moved that the amendment be adopted.

Point of Order

Senator WILSON raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT sustained the Point of Order.

The amendment was ruled out of order.

Amendment No. 43A

Senator DRUMMOND proposed the following Amendment No. 43A (4600R252.JWD), which was adopted:

Amend the bill, as and if amended, Part II, Section 33B, by striking Section 12-37-251(A) and (B) on lines 21 through 33 and inserting:

/(A) ~~Property classified pursuant to Section 12-43-220(c) is exempt from property taxes levied for other than~~ The State Property Tax Relief Fund shall be established at an amount equal to the revenue necessary to fund a property tax exemption of one hundred thousand dollars based on the fair market value of property classified pursuant to Section 12-43-220(c) calculated on the school operating millage imposed for tax year 1995, excluding taxes levied for bonded indebtedness and payments pursuant to lease purchase agreements for capital construction. The exemption applies against millage imposed for school operations and the amount of fair market value of the homestead that is exempt from such millage must be set by the Director of the Department of Revenue and Taxation based on the amount available in the State Property Tax Relief Fund. The 1995 tax year school operating millage is the base year millage for purposes of calculating the amount necessary to fund the State Property Tax Relief Fund in accordance with this section. However, in years in which the values resulting from a county-wide reassessment and equalization program are implemented, the base year millage must be adjusted to an equivalent millage rate in the manner that the Department of Revenue and Taxation shall prescribe. Funds distributed to a taxing district as provided in Item (B) of this section must be used to provide a uniform property tax exemption for all property in the taxing district which is classified pursuant to Section 12-43-220(c), excluding taxes levied for bonded indebtedness and payments pursuant to lease purchase agreements for capital construction.

(B) ~~Taxing entities~~ Taxing districts must be reimbursed~~, in the manner provided in Section 12-37-270 for the revenue lost as a result of the homestead exemption provided in this section except that~~ on a per capita basis from revenues credited to the State Property Tax Relief Fund. ~~ninety~~ Ninety percent of the reimbursement must be paid in the last quarter of the calendar year and the balance paid no later than the succeeding April first. If amounts received by a school district pursuant to this distribution are insufficient to reimburse fully for the base year operating millage, the county shall calculate a school operating millage sufficient to make up the shortfall which must be imposed on all property classified pursuant to Section 12-43-220(c) without regard to the exemption allowed pursuant to this section. Amounts received by a district in excess of the amount necessary to reimburse the district for the base year operating millage may be retained by the district./

Amend sections, totals and title to conform.

Senator BRYAN argued in favor of the adoption of the amendment and Senator WILSON argued contra.

Senator WILSON moved to lay the amendment on the table.

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

Ayes 12; Nays 28

AYES

Alexander                 Cork                      Courson
Courtney                  Giese                     Gregory
Hayes                     Reese                     Russell
Setzler                   Smith, G.                 Wilson

TOTAL--12

NAYS

Boan                      Bryan                     Drummond
Elliott                   Fair                      Ford
Glover                    Jackson                   Land
Leatherman                Leventis                  Martin
Matthews                  McConnell                 Mescher
Moore                     O'Dell                    Passailaigue
Patterson                 Peeler                    Rankin
Richter                   Rose*                     Saleeby
Smith, J.V.               Thomas                    Waldrep
Washington

TOTAL--28

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

Statement by Senator LANDER

The reason I abstained on voting on the amendment was that it was not uniform in application to the district I represent.

The Senate refused to table the amendment. The question then was the adoption of the amendment.

Senator WILSON argued contra to the adoption of the amendment.

PRESIDENT PRESIDES

At 3:10 P.M., the PRESIDENT assumed the Chair.

Senator WILSON continued arguing contra to the adoption of the amendment.

Motion Under 15A Failed

At 3:23 P.M., Senator PASSAILAIGUE moved under Rule 15A to set a time certain of 3:45 P.M., to vote on Amendment No. 43.

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

Ayes 21; Nays 16

AYES

Bryan                     Drummond                  Ford
Glover                    Holland                   Jackson
Land                      Leventis                  Matthews
McConnell                 Mescher                   Moore
O'Dell                    Passailaigue              Patterson
Reese                     Rose*                     Saleeby
Smith, J.V.               Waldrep                   Washington

TOTAL--21

NAYS

Alexander                 Boan                      Courson
Courtney                  Elliott                   Fair
Gregory                   Hayes                     Martin
Peeler                    Richter                   Russell
Setzler                   Smith, G.                 Thomas
Wilson

TOTAL--16

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate with unanimous consent.

Having failed to receive the necessary vote, the motion failed.

Senator WILSON continued arguing contra to the adoption of the amendment.

Motion Adopted
Rule 3b Invoked

At 3:34 P.M., Senator MOORE moved under Rule 3b to send for the absentee members.

Senator WILSON continued arguing contra to the adoption of the amendment.

RECESS

At 3:36 P.M., on motion of Senator LAND, the Senate receded from business not to exceed five minutes.

At 3:50 P.M., the Senate resumed.

OBJECTION

At 4:00 P.M., Senator PEELER asked unanimous consent to make a motion that Senator RYBERG be granted a leave of absence for the remainder of the day.

Senator McCONNELL objected.

Senator WILSON continued arguing contra to the amendment.

OBJECTION

At 4:07 P.M., Senator PEELER asked unanimous consent to make a motion that Senator RYBERG be granted a leave of absence for the remainder of the day.

Senator LEVENTIS objected.

With Senator WILSON retaining the floor, Senator SETZLER argued contra to the adoption of the amendment.

Senator WILSON argued contra to the adoption of the amendment.

MOTION UNDER 15A ADOPTED
Time Certain Set to Vote on Amendment No. 43

At 4:35 P.M., Senator PASSAILAIGUE moved under Rule 15A to set a time certain of 4:40 P.M., to vote on Amendment No. 43.

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

Ayes 30; Nays 9

AYES

Alexander                 Boan                      Bryan
Cork                      Drummond                  Elliott
Fair                      Ford                      Glover
Hayes                     Holland                   Jackson
Land                      Leatherman                Leventis
Martin                    Matthews                  McConnell
Mescher                   Moore                     O'Dell
Passailaigue              Patterson                 Peeler
Rankin                    Rose*                     Saleeby
Smith, J.V.*              Waldrep                   Washington

TOTAL--30

NAYS

Courson                   Courtney                  Gregory
Reese                     Richter                   Russell
Setzler                   Smith, G.                 Wilson

TOTAL--9

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

Having received the necessary vote, Rule 15A was adopted.

The Senate set 4:40 P.M. as a time certain on which to vote on the amendment.

Senator WILSON argued contra to the adoption of the amendment.

The PRESIDENT announced that fifteen minutes each would be apportioned to proponents and opponents on the amendment.

Senator BRYAN moved to dispense with the arguments.

The question then was the adoption of Amendment No. 43.

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

Ayes 32; Nays 8

AYES

Alexander                 Boan                      Bryan
Cork                      Drummond                  Elliott
Fair                      Ford                      Glover
Holland                   Jackson                   Land
Leatherman                Leventis                  Martin
Matthews                  McConnell                 Mescher
Moore                     O'Dell                    Passailaigue
Patterson                 Peeler                    Rankin
Richter                   Rose*                     Saleeby
Smith, G.                 Smith, J.V.               Thomas
Waldrep                   Washington

TOTAL--32

NAYS

Courson                   Courtney                  Gregory
Hayes                     Reese                     Russell
Setzler                   Wilson

TOTAL--8

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate with unanimous consent.

The amendment was adopted.

Motion to Reconsider Adopted
Amendment No. 123A

Having voted on the prevailing side, Senator McCONNELL asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 123A (4600R208.WGR) proposed by Senator RYBERG was adopted on May 1, 1996.

The motion to reconsider was adopted.

The amendment was later ruled out of order.

Leave of Absence

On motion of Senator PEELER, at 4:45 P.M., Senator RYBERG was granted a leave of absence for the balance of the day.

RECESS

At 4:47 P.M., on motion of Senator LAND, the Senate receded from business not to exceed five minutes.

At 5:10 P.M., the Senate resumed.

Amendment No. 105

Senator SHORT proposed the following Amendment No. 105 (JIC\5958AC.96), which was tabled:

Amend the bill, as and if amended, Part II, by deleting SECTION 45 in its entirety.

Amend sections, totals and title to conform.

Senator PEELER explained the amendment.

Senators DRUMMOND, LAND, MATTHEWS and GLOVER spoke on the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 200

Senator RICHTER proposed the following Amendment No. 200 (4600R237.LER), which was carried over.

On motion of Senator RICHTER, with unanimous consent, Amendment No. 200 was carried over and later withdrawn.

Amendment No. 195

Senators THOMAS, LEATHERMAN, COURSON and RUSSELL proposed the following Amendment No. 195 (4600R226.HKL), which was tabled:

Amend the bill, as and if amended, Part II, Section 69, page(s) 642, by striking lines 12 through 40, and inserting in lieu thereof the following:

/SECTION 69

TO AMEND SECTION 59-35-10 OF THE 1976 CODE, RELATING TO KINDERGARTEN PROGRAMS, SO AS TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 1996-97, SCHOOL DISTRICTS WHICH CHOOSE TO OFFER AN EXTENDED-DAY FIVE-YEAR-OLD KINDERGARTEN PROGRAM SHALL BE ELIGIBLE FOR CERTAIN STATE FUNDING, TO PROVIDE THAT THOSE FIVE-YEAR-OLDS WHOSE FAMILIES ARE AT 100% POVERTY SHALL BE ELIGIBLE FOR PARTICIPATION BEGINNING SCHOOL YEAR 1996-97; THOSE 5 YEAR OLDS WHOSE FAMILIES ARE BETWEEN 100% AND 185% POVERTY SHALL BE ELIGIBLE FOR PARTICIPATION BEGINNING SCHOOL YEAR 1997-98; AND ALL STUDENTS SHALL BE ELIGIBLE FOR PARTICIPATION BEGINNING SCHOOL YEAR 1998-99, TO PROVIDE THAT PARENTS WITH CHILDREN WHO ARE ELIGIBLE TO ATTEND THE EXTENDED-DAY FIVE-YEAR-OLD KINDERGARTEN PROGRAM MAY ELECT A HALF-DAY PROGRAM FOR THEIR CHILDREN, AND TO REQUIRE PARENTS TO PROVIDE NOTIFICATION TO THE SCHOOL OF THEIR ELECTION TO ENROLL THEIR CHILD IN THE FULL-DAY PROGRAM.

Section 59-35-10 of the 1976 Code is amended to read:

"Section 59-35-10. The board of trustees of each school district shall establish and provide kindergartens for children within its jurisdiction. All children in the five-year-old kindergarten program must be counted in the average daily membership of any public school district when public school funds are to be apportioned to the several school districts. State aid for the five-year-old kindergarten program must be distributed through the formula provided for in the 'Education Finance Act' (Act 163 of 1977).

State scholarships must be made available to all school age residents of the state who attend or are about to attend full day or half day kindergarten. Upon receipt of the proof of the pupil's enrollment in the school, the Department of Education shall pay to the parent or guardian the scholarship amount based on the EFA weight for a child attending a full-day kindergarten program as funds are made available from the General Assembly. The Department of Education shall prepare guidelines establishing an application form and approval process and reasonable deadline dates for submission of scholarship applications and shall announce the award of scholarships no later than fifteen (15) days prior to the beginning of the school year for which the scholarships will be used, except that for school year 1996-97, scholarships shall be awarded no later than September 1, 1996. The Department of Education shall make quarterly payments to the parent or guardian for the use of the school. Payments in the name of the parent or guardian shall be disbursed to the school. The parent or guardian shall restrictively endorse the check for the use of the school.

As part of the scholarship process, the Department of Education shall require an application to be verified as to accuracy by the parents or guardians of an eligible scholarship recipient and to be accompanied by a verified statement from the school which will provide the educational program for which the scholarship is sought, attesting to the enrollment of the eligible scholarship recipient. In school year 1996-97 and 1997-98, scholarship application forms shall contain a release from the applicant authorizing the Department of Education to verify the accuracy of the income eligibility information contained in scholarship applications. The Department of Education may verify the accuracy of the income eligibility information with the Internal Revenue Service or with any other applicable governmental or private entity.

Beginning with school year 1996-97, any school electing to provide full-day or half-day kindergarten shall be eligible to enroll scholarship students. Nonpublic schools shall provide the Department of Education, parents or guardians with published information regarding instructional practices, student conduct expectations, staff qualifications, performance standards and a statement of nondiscrimination on ground of race, color or national origin. The program must operate for at least one hundred eighty days. Nonpublic schools shall document performance standards of enrolled students testing "ready" for first grade. All public and nonpublic schools must meet or exceed the statewide average for public school students testing ready for first grade on the testing tool approved by the State Department of Education. Schools failing to meet this performance standard will be suspended from participation in the scholarship program until reinstated by the Department of Education. Nothing in this section shall be construed to grant the State control over the instructional or hiring practices or philosophies of an eligible nonpublic school.

Parents, guardians, schools and entities participating in the scholarship program are subject to fines and penalties associated with fraudulent activities as prescribed in state law.

Parents or guardians meeting the means test of one hundred percent poverty in school year 1996-97; up to one hundred eighty five percent poverty in school year 1997-98; and all students in school year 1998-99, and choosing to send their children to a full day five-year-old kindergarten program shall be eligible for a scholarship equal to the EFA weight for a child attending a full day five-year-old kindergarten program. Parents may elect a half-day program for their children and shall receive a scholarship in the amount of one-half of the EFA weight for a child attending full day five-year-old kindergarten. No local match is required.

Scholarship funds must follow children transferring from one instate school to another on a pro-rata basis. By June 1, parents must notify the State Department of Education of the kindergarten their children will attend in upcoming school year. Exceptions shall be provided for those families changing residence after June 1. Notification must include a statement of acceptance from the kindergarten."/.

Amend sections, totals and title to conform.

Senator THOMAS was recognized.

Parliamentary Inquiry

Senator MOORE made a Parliamentary Inquiry as to whether or not Amendment No. 200, which was carried over, perfected Amendment No. 195.

The PRESIDENT stated that Amendment No. 200 perfected Amendment No. 195.

Senator MOORE moved that Amendment No. 200 be taken up for immediate consideration.

Point of Order

Senator THOMAS raised a Point of Order that Senator MOORE's motion was out of order inasmuch as Amendment No. 200 had been carried over and Amendment No. 195 had already been published.

Having voted on the prevailing side, Senator MOORE moved to reconsider the vote whereby Amendment No. 200 was carried over.

Point of Order

Senator THOMAS raised a Point of Order that the motion to reconsider by Senator MOORE was out of order inasmuch as Senator THOMAS had the floor.

The PRESIDENT sustained the Point of Order.

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

Senator WASHINGTON moved to lay the amendment on the table.

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

Ayes 27; Nays 13

AYES

Boan                      Bryan                     Cork
Courtney                  Drummond                  Elliott
Ford                      Glover                    Gregory
Holland                   Jackson                   Land
Lander                    Leventis                  Matthews
Moore                     Passailaigue              Patterson
Rankin                    Reese                     Saleeby
Setzler                   Short                     Smith, G.
Smith, J.V.               Waldrep                   Washington

TOTAL--27

NAYS

Alexander                 Courson                   Fair
Hayes                     Leatherman                Martin
McConnell                 Peeler                    Richter
Rose*                     Russell                   Thomas
Wilson

TOTAL--13

PAIRED

Mescher (Present) Nay

McGill (Absent) Aye

PAIRED

O'Dell (Present) Aye

Ryberg (Absent) Nay

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

The amendment was laid on the table.

Statement by Senator HAYES

I voted against tabling Amendment No. 195 in order to protect funding for full day kindergarten, which I understand will be vetoed without this amendment. I do not favor a voucher system.

Amendment No. 223

Senator SETZLER proposed the following Amendment No. 223 (4600R244.NKS), which was adopted:

Amend the bill, as and if amended, Part II, Section 69, page(s) 642, line(s) 40, by adding a sentence to read:

/Any parent or guardian of a child eligible for kindergarten may elect for their child or ward not to attend kindergarten pursuant to Section 59-65-10./

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Leave of Absence

At 5:45 P.M., Senator GREGORY requested a leave of absence until 9:30 P.M.

Rule 3b Not Rescinded

Senator PASSAILAIGUE moved to rescind Rule 3b.

Senator SETZLER moved to table the motion.

The Senate refused to table the motion to rescind Rule 3b.

The question then was the motion to rescind Rule 3b.

Rule 3b was not rescinded.

Amendment No. 225

Senator MATTHEWS proposed the following Amendment No. 225 (JIC\5978AC.96), which was adopted:

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

/SECTION

TO AMEND SECTION 44-93-170, AS AMENDED, OF THE 1976 CODE, RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE THAT WHEN THE FUND EXCEEDS $350,000, FEES MUST BE DISTRIBUTED TO THE COUNTY IN WHICH THE FEE WAS COLLECTED AND THAT WHEN THE AMOUNT IN THE FUND REACHES $250,000 OR LESS, ALL FEES MUST GO TO THE FUND UNTIL IT REACHES $350,000.

Section 44-93-170 of the 1976 Code, as last amended by Section 30C, Part II, Act 497 of 1994, is further amended to read:

"Section 44-93-170. The department shall establish an Infectious Waste Contingency Fund to ensure the availability of funds for response actions necessary at permitted infectious waste treatment facilities and necessary from accidents in the transportation of infectious waste and to defray the cost of governmental response actions associated with infectious waste. After funding of the Infectious Waste Program Fund, as provided for in Section 44-93-165, the Infectious Waste Contingency Fund must be financed by the remaining fees imposed pursuant to Section 44-93-160. The fees credited to the Infectious Waste Contingency Fund must be allocated as follows: an amount equal to two-thirds of the fees must be deposited into the fund and an amount equal to one-third of the fees must be held in a separate and distinct account within the fund for the purpose of being returned to each county in which the fee imposed by Section 44-93-160 is collected. When the amount of fees held in the Infectious Waste Contingency Fund meets or exceeds ~~five million~~ three hundred fifty thousand dollars, ~~two-thirds of all subsequent~~ all fees ~~to be credited to the Infectious Waste Contingency Fund~~ remaining after funding the Infectious Waste Program Fund must be remitted to the Hazardous Waste Contingency Fund established pursuant to Section 44-56-160(A) to assist in defraying the costs of governmental response actions at uncontrolled hazardous waste sites, with the remaining one-third of all subsequent fees credited to the Infectious Waste Contingency Fund continuing to be placed ~~into a separate and distinct~~ in the account established for counties and distributed as provided for in this section. When the balance in the Infectious Waste Contingency Fund reaches $250,000 or less, all fees remaining after funding the Infectious Waste Program Fund must be retained by the contingency fund until the fund reaches $350,000. Interest earned by the funds must be credited to the general fund of the State. Proceeds of the county account returned to a county pursuant to this section must be released by the State Treasurer upon the written request of a majority of the legislative delegation of the recipient county."/

Amend sections, totals and title to conform.

Senator MATTHEWS explained the amendment.

The amendment was adopted.

Amendment No. 123A

Senator RYBERG proposed the following Amendment No. 123A (4600R208.WGR), which was ruled out of order:

Amend the bill, as and if amended, Part II, page 662, after line 34, by adding an appropriately numbered new SECTION to read:

/SECTION

TO AMEND SECTION 6-27-40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION OF MONIES APPROPRIATED TO THE LOCAL GOVERNMENT FUND, SO AS TO PROHIBIT A MUNICIPALITY IN VIOLATION OF SECTION 5-7-65 OR SECTION 5-31-1940 FROM RECEIVING A DISTRIBUTION; AND TO AMEND CHAPTER 7, TITLE 5 OF THE 1976 CODE, RELATING TO THE POWER AND FUNCTIONS OF MUNICIPALITIES, BY ADDING SECTION 5-7-65 AND TO AMEND ARTICLE 19, CHAPTER 31, TITLE 5 OF THE 1976 CODE, RELATING TO CONTRACTS FOR MUNICIPAL SERVICES WITHIN AND WITHOUT CITY LIMITS, BY ADDING SECTION 5-31-1940, SO AS TO PROVIDE THAT A MUNICIPALITY MAY NOT, BY ORDINANCE OR OTHERWISE, IMPOSE UPON A CUSTOMER RECEIVING FIRE PROTECTION SERVICES OR RECEIVING WATER AND SEWER SERVICES FROM THE MUNICIPALITY WHOSE PROPERTY IS WITHOUT THE CORPORATE LIMITS OF THE MUNICIPALITY, OR UPON A SUBSEQUENT PURCHASER, ASSIGNEE, TRANSFEREE OR OTHER SUCCESSOR IN INTEREST TO THE PROPERTY SERVED, A REQUIREMENT THAT THE CUSTOMER REFRAIN FROM OPPOSING ANNEXATION OR CONSENT TO ANNEXATION AS A CONDITION OF CONTINUED RECEIPT OF FIRE PROTECTION SERVICES OR WATER AND SEWER SERVICES, IF THE MUNICIPALITY HAS PRIOR TO JULY 1, 1996, OR IN THE CASE OF A COMMERCIAL CUSTOMER PRIOR TO OCTOBER 1, 1996, EXTENDED FIRE PROTECTION SERVICES OR WATER AND SEWER SERVICES TO THE CUSTOMER, PURSUANT TO A CONTRACTUAL AGREEMENT WHICH DID NOT CONTAIN, PRIOR TO JULY 1, 1996, OR IN THE CASE OF A COMMERCIAL CUSTOMER PRIOR TO OCTOBER 1, 1996, A CLAUSE OR PROVISION PROHIBITING THE CUSTOMER FROM OPPOSING ANNEXATION OR REQUIRING THE CUSTOMER'S CONSENT TO ANNEXATION IF SUCH PROPERTY BECOMES CONTIGUOUS TO THE MUNICIPALITY OR EXTENDED SUCH SERVICES TO THE CUSTOMER UNDER ANY CIRCUMSTANCES WITHOUT, PRIOR TO JULY 1, 1996, OR IN THE CASE OF A COMMERCIAL CUSTOMER PRIOR TO EFFECTIVE OCTOBER 1, 1996, ANY SPECIFIC AGREEMENT WITH RESPECT TO ANNEXATION.

A. Section 6-27-40 of the 1976 Code is amended by adding an appropriately numbered new subsection to read:

"( ) No municipality which is in violation of Section 5-7-65 or Section 5-31-1940 may receive a distribution under subsection (A)."

B. Chapter 7, Title 5 of the 1976 Code is amended by adding:

"Section 5-7-65. Notwithstanding any other provision of law and effective July 1, 1996, or in the case of a commercial customer effective October 1, 1996, a municipality may not, by ordinance or otherwise, impose upon a customer receiving fire protection services from the municipality whose property is without the corporate limits of the municipality, or upon a subsequent purchaser, assignee, transferee or other successor in interest to the property served, a requirement that the customer refrain from opposing annexation or consent to annexation as a condition of continued receipt of fire protection services, if the municipality has:

(1) prior to July 1, 1996, or in the case of a commercial customer prior to October 1, 1996, extended fire protection services to the customer, pursuant to a contractual agreement which did not contain, prior to July 1, 1996, or in the case of a commercial customer prior to October 1, 1996, a clause or provision prohibiting the customer from opposing annexation or requiring the customer's consent to annexation if such property becomes contiguous to the municipality; or

(2) prior to July 1, 1996, or in the case of a commercial customer prior to effective October 1, 1996,extended such services to the customer under any circumstances without, prior to July 1, 1996, or in the case of a commercial customer prior to effective October 1, 1996, any specific agreement with respect to annexation."

C. Article 19, Chapter 31, Title 5 of the 1976 Code is amended by adding:

"Section 5-31-1940. (A) Notwithstanding any other provision of law and effective July 1, 1996, or in the case of a commercial customer effective October 1, 1996, no municipality may, by ordinance or otherwise, impose upon a customer receiving water or sewer services from the municipality whose property is without the corporate limits of the municipality, or upon a subsequent purchaser, assignee, transferee or other successor in interest to the property served, a requirement that the customer refrain from opposing annexation or consent to annexation as a condition of continued receipt of water or sewer services.

(B) Subsection (A) only applies if the municipality has:

(1) prior to July 1, 1996, or in the case of a commercial customer prior to October 1, 1996, extended water or sewer services to the customer, pursuant to a contractual agreement which did not contain, prior to July 1, 1996, or in the case of a commercial customer prior to October 1, 1996, a clause or provision prohibiting the customer from opposing annexation or requiring the customer's consent to annexation if such property becomes contiguous to the municipality; or

(2) prior to July 1, 1996, or in the case of a commercial customer prior to October 1, 1996, extended such services to the customer under any circumstances without, prior to July 1, 1996, or in the case of a commercial customer prior to October 1, 1996, any specific agreement with respect to annexation."

D. This section takes effect upon approval by the Governor./

Amend sections, totals and title to conform.

Senator PATTERSON argued contra to the adoption of the amendment.

Point of Order

Senator PATTERSON raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senator WILSON spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

The amendment was ruled out of order.

Amendment No. 214

Senator THOMAS proposed the following Amendment No. 214 (DKA\3718CM.96), which was adopted:

Amend the bill, as and if amended, Part II, by adding a new section to read:

/SECTION __

TO AMEND THE 1976 CODE BY ADDING SECTION 16-3-1535 SO AS TO PROVIDE THAT GENERAL LAW ENFORCEMENT AGENCIES SHALL PROVIDE CRIME VICTIMS WITH A COPY OF THE CRIME INCIDENT REPORT RELATING TO THEIR CASE AND CERTAIN OTHER INFORMATION; TO AMEND SECTION 17-25-322, AS AMENDED, RELATING TO THE PROVISION OF RESTITUTION TO A CRIME VICTIM BY THE PERSON CONVICTED OF THE CRIME, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL MAY BE PRESENT AND HEARD AT THE RESTITUTION HEARING, THAT RESTITUTION MUST BE PAID PURSUANT TO A MONTHLY PAYMENT SCHEDULE SUBJECT TO A COLLECTION PROCEDURE FOR AMOUNTS IN ARREARS, AND THAT CERTAIN AMOUNTS THAT ARE UNCLAIMED MUST BE TRANSFERRED TO THE SOUTH CAROLINA VICTIMS' COMPENSATION FUND; TO AMEND SECTION 17-25-323, RELATING TO THE TRIAL COURT'S CONTINUING JURISDICTION OVER COURT-ORDERED PAYMENTS, PAYMENT DEFAULT BY A PERSON ON PROBATION OR PAROLE, THE ENFORCEMENT OF A CIVIL JUDGMENT UPON A PERSON WHO HAS DEFAULTED ON COURT-ORDERED PAYMENTS AND THE RECORDING OF A DEFAULT JUDGMENT, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL MAY FILE A MOTION TO REQUIRE A DEFENDANT TO SHOW CAUSE WHY HIS DEFAULT SHOULD NOT BE TREATED AS A CIVIL JUDGMENT; TO AMEND SECTION 17-25-326, AS AMENDED, RELATING TO THE ALTERATION, MODIFICATION, OR RECISION OF CERTAIN CRIMINAL JUDGMENTS AND EXECUTIONS, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL MAY BE A PARTY IN THESE PROCEEDINGS; BY ADDING SECTION 24-21-490 SO AS TO PROVIDE THE PROCEDURE FOR COLLECTING AND DISTRIBUTING CERTAIN RESTITUTION AND THE FILING OF CERTAIN REPORTS REGARDING THESE ACTIVITIES; TO AMEND SECTION 16-3-1110, AS AMENDED, RELATING TO DEFINITIONS CONTAINING CERTAIN PROVISIONS REGARDING THE COMPENSATION OF CRIME VICTIMS, SO AS TO PROVIDE A DEFINITION OF "RESTITUTION"; AND BY ADDING SECTION 17-25-324 SO AS TO PROVIDE THE PROCEDURE FOR GRANTING SECONDARY VICTIMS AND THIRD-PARTY PAYEES RESTITUTION, THAT THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES SHALL FILE A REPORT WITH CERTAIN STATE OFFICIALS CONTAINING RECOMMENDATIONS FOR COLLECTION AND DISTRIBUTION OF RESTITUTION AND ISSUES RELATING TO INDIGENT OFFENDERS AND THE USE OF CIVIL REMEDIES, AND PROVIDE THE MINIMUM NUMBER OF RESTITUTION CENTER BEDS THAT MUST BE MAINTAINED.

A. The 1976 Code is amended by adding:

"Section 16-3-1535. General law enforcement agencies shall provide crime victims, free of charge, a copy of the crime incident report relating to their case and a document which describes the statutory rights the State grants crime victims in criminal cases that lists the local crime victim assistance providers. The statutory rights contained in this document shall include all rights contained in Section 16-3-1530."

B. Section 17-25-322 of the 1976 Code, as added by Act 140 of 1993, is amended to read:

"Section 17-25-322. (A) When a defendant is convicted of a crime which has resulted in pecuniary damages or loss to a victim, the court must hold a hearing to determine the amount of restitution due the victim or victims of the defendant's criminal acts. The restitution hearings must be held ~~as a matter of course~~ unless the defendant in open court agrees to the amount due, and in addition to any other sentence which it may impose, the court shall order the defendant make restitution or ~~otherwise~~ compensate the victim for any pecuniary damages. The defendant, the victim or victims, or their representatives or the victim's legal representative as well as the Attorney General and the solicitor have the right to be present and be heard upon the issue of restitution at any of these hearings.

(B) In determining the manner, method, or amount of restitution to be ordered, the court may take into consideration the following:

(1) the financial resources of the defendant and the victim and the burden that the manner or method of restitution will impose upon the victim or the defendant;

(2) the ability of the defendant to pay restitution on an installment basis or on other conditions to be fixed by the court;

(3) the anticipated rehabilitative effect on the defendant regarding the manner of restitution or the method of payment;

(4) any burden or hardship upon the victim as a direct or indirect result of the defendant's criminal acts;

(5) the mental, physical, and financial well-being of the victim.

(C) At the restitution hearings, the defendant, the victim, the Attorney General, the solicitor, or other interested party may object to the imposition, amount or distribution of restitution, or the manner or method of them, and the court shall allow all of these objections to be heard and preserved as a matter of record. The court shall enter its order upon the record stating its findings and the underlying facts and circumstances of them. The restitution order shall specify a monthly payment schedule that will result in full payment for both restitution and collection fees by the end of eighty percent of the offender's supervision period. In the absence of a monthly payment schedule, the Department of Probation, Parole, and Pardon Services shall impose a payment schedule of equal monthly payments that will result in full restitution and collections fee being paid by the end of eighty percent of an offender's supervision period. The department, through its agents, must initiate legal process to bring every probationer, whose restitution is six months in arrears, back to court, regardless of wilful failure to pay. The judge shall make an order addressing the probationer's failure to pay.

(D) All restitution funds, excluding the twenty percent collection fee, collected before or after the effective date of this section that remain unclaimed by a crime victim for more than eighteen months from the day of last payment received must be transferred to the South Carolina Victims' Compensation Fund, notwithstanding the Uniform Unclaimed Property Act of 1981."

C. Section 17-25-323 of the 1976 Code, as added by Act 140 of 1993, is amended to read:

"Section 17-25-323. (A) The trial court retains jurisdiction of the case for the purpose of modifying the manner in which court-ordered payments are made until paid in full, or until the defendant's active sentence and probation or parole~~, if any,~~ expires.

(B) When a defendant has been placed on probation by the court or parole by the Board of Probation, Parole, and Pardon Services, and ordered to make restitution, and the defendant is in default in the payment of them or of any installment or of any criminal fines, surcharges, assessments, costs, and fees ordered, the court, before the defendant completes his period of probation or parole, on motion of the victim or the victim's legal representative, the Attorney General, the solicitor, or a probation and parole agent, or upon its own motion, must hold a hearing to require the defendant to show cause why his default should not be treated as a civil judgment and a judgment lien attached. The court must enter (1) judgment in favor of the State for the unpaid balance, if any, of any fines, costs, fees, surcharges, or assessments imposed; and (2) judgment in favor of each person entitled to restitution for the unpaid balance, if any restitution ordered, plus reasonable attorney's fees and cost ordered by the court.

(D) A judgment issued pursuant to this section has ~~all~~ the force and effect of a final judgment and~~, as such,~~ may be enforced by the judgment creditor in the same manner as any other civil judgment; with enforcement to take place in court of common pleas.

(E) The clerk of court must enter ~~any~~ a judgment issued pursuant to this section in the civil judgment records of the court. No A judgment issued pursuant to this section is not effective until entry is made in the civil judgment records of the court as required under this subsection.

(F) Upon full satisfaction of ~~any~~ a judgment entered under this section, the judgment creditor must record ~~such~~ the satisfaction on the margin of the copy of the judgment on file in the civil judgment records of the court."

D. Section 17-25-326 of the 1976 Code, as added by Act 140 of 1993, is amended to read:

"Section 17-25-326. Any court order issued pursuant to the provisions of this article may be altered, modified, or rescinded upon the filing of a petition by the defendant, Attorney General, solicitor, or the victim for good and sufficient cause shown by a preponderance of the evidence."

E. The 1976 Code is amended by adding:

"Section 24-21-490. (A) The Department of Probation, Parole, and Pardon Services shall have the responsibility for collecting and distributing restitution on a monthly basis from all offenders under probationary and intensive probationary supervision.

(B) Notwithstanding Section 14-7-725, the Department of Probation, Parole, and Pardon Services shall assess a collection fee of twenty percent of each restitution program and deposit this collection fee into a separate account. The monies in this account must not be used until specifically authorized by law. The department shall maintain individual restitution accounts which reflect each transaction and the amount paid, the collection fee, and the unpaid balance of the account. A summary of these accounts must be reported to the Governor's Office, the President of the Senate, the Speaker of the House, the Chairman of the House Judiciary Committee, and the Chairman of the Senate Corrections and Penology Committee every six months following the enactment of this section."

F. Section 16-3-1110 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding at the end:

"(12)(a) 'Restitution' means payment for all injuries, specific losses, and expenses sustained by a crime victim resulting from an offender's criminal conduct. It includes, but is not limited to:

(i) medical and psychological counseling expenses;

(ii) specific damages and economic losses;

(iii) funeral expenses and related costs;

(iv) vehicle impoundment fees;

(v) child care costs; and

(vi) transportation related to a victim's participation in the criminal justice process.

Restitution does not include awards for pain and suffering, wrongful death, emotional distress, or loss of consortium.

Restitution orders do not limit any civil claims a crime victim may file."

G. The 1976 Code is amended by adding:

"Section 17-25-324. (A) Secondary victims and third-party payees, excluding the offender's insurer, may receive restitution as determined by the court. The Department of Probation, Parole, and Pardon Services shall ensure that a primary victim shall receive his portion of a restitution order before any of the offender's payments are credited to a secondary victim or a third party payee, or both.

(B) The Department of Probation, Parole, and Pardon Services shall report to the Governor's Office, the President of the Senate, the Speaker of the House, the Chairman of the House Judiciary Committee, and the Chairman of the Senate Corrections and Penology Committee by the first day of the 1997 Legislative Session detailed recommendations for collection and distribution of restitution and issues relating to indigent offenders and use of civil remedies.

(C) The Department of Probation, Parole, and Pardon Services must maintain a minimum of twelve restitution center beds, or may contract at other appropriate residential facilities, for every two thousand five hundred offenders supervised by the department."

H. This section takes effect on January 1, 1997, and applies to all persons sentenced on or after April 1, 1997, except that the provisions contained in Section 17-25-324(C) take effect on January 1, 1997./

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator THOMAS explained the amendment.

Senator J. VERNE SMITH moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 228

Senator J. VERNE SMITH proposed the following Amendment No. 228 (4600R409.JVS), which was not adopted:

Amend the bill, as and if amended, Part II, by adding a new section to read:

/SECTION

TO AMEND CHAPTER 27, TITLE 26, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE AID TO SUBDIVISIONS ACT, BY ADDING SECTION 6-27-55 SO AS TO PROVIDE THAT, FROM FUNDS DISTRIBUTED TO THE COUNTY PURSUANT TO SECTION 6-27-40, A COUNTY SHALL PROVIDE FUNDS FOR ALL COUNTY OFFICES OF STATE AGENCIES FOR WHICH THE COUNCIL IS REQUIRED TO PROVIDE FUNDING BY STATE LAW.

A. Chapter 27, Title 6 of the 1976 Code is amended by adding:

"Section 6-27-55. From funds distributed to the county pursuant to Section 6-27-40, a county council shall provide a reasonable amount of funds for all county offices of state agencies for which the council is required to provide funding by state law."

B. This section takes effect upon approval of the Governor./

Amend sections, totals and title to conform.

Senator J. VERNE SMITH explained the amendment.

Senator LAND spoke on the amendment.

Point of Order

Senator ELLIOTT raised a Point of Order that the amendment was out of order inasmuch as it was violative of Section 6-27-50 of the South Carolina Code of Laws, 1976, as amended.

The PRESIDENT overruled the Point of Order.

Senator BRYAN argued contra to the adoption of the amendment.

ACTING PRESIDENT PRESIDES

At 6:25 P.M., Senator MARTIN assumed the Chair.

Senator BRYAN argued contra to the adoption of the amendment.

Senator BRYAN moved to lay the amendment on the table.

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

Ayes 18; Nays 21

AYES

Bryan                     Courson                   Drummond
Elliott                   Fair                      Hayes
Holland                   Lander                    Leatherman
Leventis                  Martin                    Peeler
Rankin                    Russell                   Saleeby
Setzler                   Smith, G.                 Wilson

TOTAL--18

NAYS

Alexander                 Boan                      Cork
Courtney                  Ford                      Glover
Jackson                   Land                      Matthews
McConnell                 Mescher                   Moore
Passailaigue              Patterson                 Reese
Richter                   Rose*                     Smith, J.V.
Thomas                    Waldrep                   Washington

TOTAL--21

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

The Senate refused to table the amendment. The question then was the adoption of the amendment.

Senator SETZLER argued contra to the adoption of the amendment.

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

Ayes 19; Nays 20

AYES

Alexander                 Boan                      Cork
Courtney                  Ford                      Glover
Jackson                   Land                      Matthews
McConnell                 Mescher                   Moore
Passailaigue              Patterson                 Reese
Richter                   Smith, J.V.               Thomas
Washington

TOTAL--19

NAYS

Bryan                     Courson                   Drummond
Elliott                   Fair                      Hayes
Holland                   Lander                    Leatherman
Leventis                  Martin                    O'Dell
Peeler                    Rankin                    Russell
Saleeby                   Setzler                   Smith, G.
Waldrep                   Wilson

TOTAL--20

The amendment was not adopted.

Statement by Senator ROSE

At the time this vote was taken, I had been granted leave for good cause. Had I been in the Chamber, I would have voted against tabling the amendment.

Amendment No. 36A

Senator DRUMMOND proposed the following Amendment No. 36A (506.BBH), which was adopted:

Amend the bill, as and if amended, Part VI, Section 1, page 671, by striking lines 15 through 16 and inserting:

/(2) Department of Juvenile Justice

Renovations 23,925,645/

Amend sections, totals and title to conform.

Senator DRUMMOND explained the amendment.

Senator THOMAS moved that the amendment be adopted.

The amendment was adopted.

PRESIDENT PRESIDES

At 7:30 P.M., the PRESIDENT assumed the Chair.

Amendment No. 135

Senator FAIR proposed the following Amendment No. 135 (JIC\5971CM.96), which was tabled:

Amend the bill, as and if amended, Part III, SECTION 1, page 664, line 2, after /Advisory Coordinating Council for Economic Development/ by striking /5,000,000/ and inserting /4,850,000/.

Amend sections, totals and title to conform.

Senator FAIR explained the amendment.

Senator DRUMMOND spoke on the amendment.

Senator PASSAILAIGUE moved to lay the amendment on the table.

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

Ayes 25; Nays 14

AYES

Alexander                 Bryan                     Cork
Courtney                  Drummond                  Elliott
Ford                      Glover                    Holland
Jackson                   Land                      Leatherman
Leventis                  Matthews                  McConnell
Mescher                   Moore                     O'Dell
Passailaigue              Patterson                 Rose
Saleeby                   Smith, G.                 Smith, J.V.
Washington

TOTAL--25

NAYS

Boan                      Courson                   Fair
Hayes                     Lander                    Martin
Peeler                    Reese                     Richter
Russell                   Setzler                   Thomas
Waldrep                   Wilson

TOTAL--14

The amendment was laid on the table.

Amendment No. 219A

Senator RANKIN, with unanimous consent, proposed the following Amendment No. 219A (4600R247.LAR), which was adopted:

Amend the bill, as and if amended, Part III, Section 1, page(s) 664, by striking lines 1 through 2 and inserting:

/(12) Department of Commerce

Advisory Coordinating Council for Economic Development

4,770,000/

Amend the bill further, as and if amended, Part III, Section 1, page 665, after line 5 by adding an appropriately numbered item to read:

/(___) Myrtle Beach Air Force Base Redevelopment Authority

230,000/

Amend sections, totals and title to conform.

Senator RANKIN explained the amendment.

The amendment was adopted.

Amendment No. 10

Senators PASSAILAIGUE and McCONNELL proposed the following Amendment No. 10 (4600R533.ELP), which was adopted:

Amend the bill, as and if amended, Part III, Section 1, page 664, by striking lines 28 through 29 and inserting in lieu thereof the following:

/(19) Budget & Control Board - Division of Operations

Infrastructure Revolving Loan Fund 6,691,101/

Amend the bill further, as and if amended, Part III, Section 1, page 665, by striking lines 4 through 5 and inserting in lieu thereof the following:

/(23) Budget and Control Board - Division of Executive Director

Charleston Redevelopment Authority 300,000/

Amend sections, totals and title to conform.

Senator PASSAILAIGUE explained the amendment.

The amendment was adopted.

Amendment No. 47

Senator PEELER proposed the following Amendment No. 47 (904.DGJ), which was adopted:

Amend the bill, as and if amended, Part V, Section 2, page 668, by striking lines 16 through 17 and inserting:

(11) Department of Health & Enviromental Control

EQC Permit Process 1,429,266

Amend sections, totals and title to conform.

Senator PEELER explained the amendment.

Senator PEELER moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 46

Senator PEELER proposed the following Amendment No. 46 (905.DGJ), which was adopted:

Amend the bill, as and if amended, Part V, Section 2, page 670, after line 18 by adding an appropriately numbered item to read:

/(_) Department of Health & Environmental Control

Cherokee County Health Department--Roof Repair $174,400

Amend sections, totals and title to conform.

Senator PEELER explained the amendment.

Senator PEELER moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 23

Senator SETZLER proposed the following Amendment No. 23 (SBD\97.009), which was adopted:

Amend the bill, as and if amended, Part V, Section 4, page 670, by striking lines 28 through 31.

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 30

Senators HOLLAND, RANKIN, McGILL and ELLIOTT proposed the following Amendment No. 30 (JIC\5923HTC.96), which was tabled:

Amend the bill, as and if amended, in Part VI, Additional Supplemental Appropriations, page 671, SECTION 1, by inserting immediately before line 12:

/ (1) State Election Commission

Poll official pay 207,690/

Renumber remaining items to conform.

Amend sections, totals and title to conform.

Senator RANKIN explained the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Recorded Vote

Senators RANKIN, McGILL, ELLIOTT, HOLLAND, MOORE, GREG SMITH, HAYES and PEELER desired to be recorded as voting against the motion to table the amendment.

Amendment No. 212

Senator J. VERNE SMITH proposed the following Amendment No. 212 (731.VRC), which was adopted:

Amend the bill, as and if amended, Part VI, Section 1, page 671, line 23, after item (4) Governor's Office - OEPP School for the Arts, by adding the following:

Funds appropriated for this purpose shall be retained and not expended until an equal amount in private sector match funds has been pledged or is available for expenditure. When the governing board of the Governor's School for the Arts and Humanities certifies that four and one-half million dollars in private sector match funds is available for expenditure, the agency shall disburse four and one-half million dollars of the state appropriations for this project. When the governing board of the Governor's School for the Arts and Humanities certifies that the remaining four and one-half million dollars in private sector match funds is available for expenditure, the agency shall disburse the remaining four and one-half million dollars of the state appropriations for this project.

Amend sections, totals and title to conform.

Senator J. VERNE SMITH explained the amendment.

Senator J. VERNE SMITH moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 228

Having voted on the prevailing side, Senator WALDREP asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 228 (4600R409.JVS) proposed by Senator J. VERNE SMITH was not adopted.

Senator ROSE argued in favor of the motion.

The motion to reconsider was adopted.

On motion of Senator ROSE, with unanimous consent, the amendment was perfected as follows and adopted.

Amendment No. 228A

Senator J. VERNE SMITH proposed the following Amendment No. 228A (4600R409.JVS), which was adopted:

Amend the bill, as and if amended, Part II, by adding a new section to read:

/SECTION

A. Chapter 27, Title 6 of the 1976 Code is amended by adding:

B. This section takes effect upon approval of the Governor./

Amend sections, totals and title to conform.

The amendment was adopted.

Amendment No. 134

Senator GIESE proposed the following Amendment No. 134 (913.DGJ), which was tabled:

Amend the bill, as and if amended, Part VI, Section 1, page 672, after line 36 by adding an appropriately numbered item to read:
/( ) University of South Carolina

Columbia-Electrochemical Engineering Program 500,000

Amend the bill further, as and if amended, page 672, lines 37 & 38, by:

STRIKING: (23) University of South Carolina

Columbia Arena 2,500,000

INSERTING: (23) University of South Carolina

Columbia Arena 2,000,000

Amend sections, totals and titles to conform.

Senator SETZLER spoke on the amendment.

Senator SETZLER moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 68

Senator SALEEBY proposed the following Amendment No. 68 (4600R005.EES), which was adopted:

Amend the bill, as and if amended, Part VI, Section 1, page(s) 673, after line(s) 2, by adding a new item (26) to read:

/(26) Department of Natural Resources

Cashua Ferry Boat Landing 150,000/

Renumber remaining items to conform.

Amend sections, totals and title to conform.

Senator SALEEBY explained the amendment.

The amendment was adopted.

Amendment No. 76A

Senators McGILL and O'DELL proposed the following Amendment No. 76A (4600R246.WHO), which was adopted:

Amend the bill, as and if amended, Part VI, SECTION 1, by adding a new item to be appropriately numbered after item (72) as contained on line 17 on page 676 to read:

/( ) The Citadel

Thompson Hall Replacement 8,376,000/

Amend sections, totals and title to conform.

Senator O'DELL explained the amendment.

The amendment was adopted.

Amendment No. 174

Senators THOMAS, SETZLER and HAYES proposed the following Amendment No. 174 (4600R605.DLT), which was tabled:

Amend the bill, as and if amended, Part VI, Section 1, page(s) 673, line(s) 26, by striking /1,000,000/ and inserting in lieu thereof the following:

/2,000,000/.

Amend sections, totals and title to conform.

Senator SETZLER spoke on the amendment.

Senator MOORE moved to lay the amendment on the table.

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

Ayes 25; Nays 14

AYES

Boan                      Courtney                  Drummond
Elliott                   Fair                      Ford
Glover                    Holland                   Land
Leventis                  Martin                    Matthews
McConnell                 Moore                     O'Dell
Passailaigue              Patterson                 Peeler
Rankin                    Reese                     Richter
Russell                   Saleeby                   Smith, J.V.
Waldrep

TOTAL--25

NAYS

Alexander                 Bryan                     Cork
Courson                   Hayes                     Jackson
Lander                    Mescher                   Rose
Setzler                   Smith, G.                 Thomas
Washington                Wilson

TOTAL--14

The amendment was laid on the table.

Amendment No. 53A

Senator LEVENTIS, with unanimous consent, proposed the following Amendment No. 53A (4600R248.PPL), which was adopted:

Amend the bill, as and if amended, Part VI, Section 1, page(s) 673, by striking lines 28 through 29 and inserting:

/(34) Department of Commerce

Airport Improvements 2,830,000

Of the funds appropriated for this item, 300,000 is for Oconee Airport matching funds, 175,000 is for Chester Airport renovations and 400,000 is for Union Airport Renovations./

Amend sections, totals and title to conform.

Senator LEVENTIS explained the amendment.

The amendment was adopted.

Amendment No. 179

Senator McCONNELL proposed the following Amendment No. 179 (4600R550.GFM), which was adopted:

Amend the bill, as and if amended, by striking subsection (A.) of the new SECTION added by amendment number 5C bearing adoption number 21 and inserting in lieu thereof the following:

/A. There is established effective July 1, 1996, the Performance Audit Steering Committee consisting of twelve members. The Speaker of the House and President of the Senate each shall appoint two members and each must appoint one from the private sector. The Chairman of the House Ways and Means Committee and the Chairman of the Senate Finance Committee each shall appoint two members, and each must appoint one from the private sector. The executive directors of the Budget and Control Board, the Legislative Audit Council, and the State Reorganization Commission, shall serve as non-voting, ex-officio members. The Governor shall appoint an additional member to serve as chairman of the committee. Members serve for the duration of the existence of the committee and vacancies must be filled in the manner of original appointment. Members receive the mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions. The committee shall elect officers as it considers necessary. The committee terminates on December 31, 1997./

Amend the bill further, as and if amended by striking subsection (C.) of the new SECTION added by amendment number 5C bearing adoption number 21 and inserting in lieu thereof the following:

/C. The committee shall supervise and coordinate the work of the contractor and produce an audit report which must be submitted to the General Assembly and the Governor no later than the committee's termination date. The committee shall utilize the staff of the House and the Senate as directed by the Speaker of the House and the President Pro Tempore. The committee may also utilize the staffs of the ex-officio members listed in subsection A to coordinate work as directed by the committee.

Amend sections, totals and title to conform.

Senator McCONNELL explained the amendment.

Senator McCONNELL moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 34

Senators ALEXANDER and MARTIN proposed the following Amendment No. 34 (711.VRC), which was adopted:

Amend the bill, as and if amended, Part VI, Section 1, page 676, after line 18 by adding an appropriately numbered item to read:

/( ) State Department of Education

Lovaas Educational Method for Autistic Children Pilot Project 50,000/

These funds shall be provided to the Pickens County School District for a pilot project to teach the Lovaas method to autistic children in the Pickens County School District during the 1996-1997 school year. The purpose of this pilot is to help mainstream these children back into the classroom and to reduce or eliminate future long term care costs.

Amend sections, totals and title to conform.

Senator ALEXANDER explained the amendment.

Senator ALEXANDER moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 73

Senators MATTHEWS, PATTERSON, WASHINGTON, FORD, GLOVER and JACKSON proposed the following Amendment No. 73 (718.VRC), which was adopted:

Amend the bill, as and if amended, Part VI, Additional Supplemental Appropriations, Section 1, page 676, after line 18 by adding an appropriately numbered item to read:

/( ) S. C. State University

Fine Arts Center 2,102,897/

Amend sections, totals and title to conform.

Senator MATTHEWS explained the amendment.

The amendment was adopted.

Amendment No. 130

Senator ROSE proposed the following Amendment No. 130 (4600R604.MTR), which was adopted:

Amend the bill, as and if amended, Part VI, Section 1, page(s) 676, after line(s) 17, by inserting the following:

/South Carolina Hurricane Evacuation Plan 250,000/

Amend sections, totals and title to conform.

Senator ROSE explained the amendment.

The amendment was adopted.

Amendment No. 218

Senator COURTNEY proposed the following Amendment No. 218 (210.RDY), which was adopted:

Amend the bill, as and if amended, Part VI, Section 1, page 676, after line 17 by adding an appropriatly numbered item to read:

/(_) Judicial Department

Judges Salary Increases $100

Amend sections, totals and title to conform.

Senator COURTNEY explained the amendment.

The amendment was adopted.

Leave of Absence

At 9:30 P.M., Senator SALEEBY requested a leave of absence until 10:00 A.M. Friday, May 3, 1996.

Amendment No. 89

Senator LAND proposed the following Amendment No. 89 (GJK\22777CM.96), which was adopted:

Amend the bill, as and if amended, Part IA, Section 4A, JUDICIAL DEPARTMENT, page 0021, line 31 by:

COLUMN 7 COLUMN 8

STRIKING:

(7.00) (7.00)

INSERTING: (4.00) (4.00)

Amend the bill further, as and if amended, Part IA, Section 4A, Judicial Department, page 0021, line 29 by:

COLUMN 7 COLUMN 8

STRIKING:

(6.00) (6.00)

INSERTING:

(9.00) (9.00)

Part IA, Section 4A, Judicial Department, page 0021, by inserting new items after line 25, by adding:

COLUMN 7 COLUMN 8

/Staff Attorney 163,095. 163,095.

(5.00) (5.00)

Legal Secretary 72,000. 72,000.

(4.00) (4.00)/

Amend the bill further, as and if amended, Part IA, Section 4A, Judicial Department, page 0022, line 37 by striking opposite /LAW CLERKS/ in columns (7) and (8) /469,008/;

Amend further, page 0022, line 38, by deleting in columns (7) and (8) /(9.00)/;

Amend further, page 0023, line 9, opposite /OTHER OPERATING EXPENSES/ by striking the amounts in Columns 7 and 8 /403,760/ and inserting /520,716/;

Amend further, page 0022, line 22, opposite /OPERATING EXPENSES/ by striking the amounts in columns (7) and (8) and inserting /977,795/;

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 153

Senators MATTHEWS, PATTERSON, WASHINGTON, FORD, GLOVER and JACKSON proposed the following Amendment No. 153 (4600R603.JWM), which was adopted:

Amend the bill, as and if amended, Part 1A, Section 18A, page(s) 102, line(s) 1, by striking column(s) (7) & (8), /330,000 330,000/ and inserting the following:

/230,000 230,000/

Amend the bill further as and if amended, Part 1A, Section 18J, page 135, column(s) (7) & (8) after line 25, by adding an appropriately numbered new item to read:

/African-American Leadership Institute 100,000 100,000/

Amend sections, totals and title to conform.

Senator DRUMMOND spoke on the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 155

Senator SETZLER proposed the following Amendment No. 155 (SBD\97.019), which was adopted:

Amend the bill , as and if amended, by amendment # 025 (Document No: l:\s-educ\legis\amend\sbd\97.011)
Part IA, Section 19, Department of Education, page 0175, line 10 by:

COLUMN 7 COLUMN 8

STRIKING: 290,125 213,025

( ) ( )

INSERTING: 440,125 363,025

( ) ( )

Amending, as and if amended, Part IA, Section 19, Department of Education, page 0178, line 19 by:

COLUMN 7 COLUMN 8

STRIKING: 1,273,958 318,612

( ) ( )

INSERTING: 1,123,958 168,612

( ) ( )

Amending sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 230

Senator LANDER proposed the following Amendment No. 230 (4600R251.JAL), which was adopted:

Amend the bill, as and if amended, Part VI, Section 1, page(s) 673, by striking line(s) 37 and 38 and inserting a new item (37) to read:

/(37) Department of Labor, Licensing & Regulations - State Fire Marshal

Saluda Fire Service Communication Upgrade 35,000/.

Amend the bill further, as and if amended, Part VI, Section 1, page 675, by striking lines 19 through 20, Item (59).

Amend sections, totals and title to conform.

Senator LANDER explained the amendment.

The amendment was adopted.

Amendment No. 159

Senator THOMAS proposed the following Amendment No. 159 (PFM\9362AC.96), which was tabled:

Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 0177, line 5, by deleting in columns (7) and (8) /296,200/.

Amend further, Part IA, Section 19, Department of Education, page 0175, line 32, by deleting in column (7) /4,177,969/ and inserting /4,474,169/, and by inserting in column (8) /296,200/.

Amend sections, totals and title to conform.

Senator THOMAS explained the amendment.

Senator LAND spoke on the amendment.

Senator LEVENTIS spoke on the amendment.

Senator LEVENTIS moved to lay the amendment on the table.

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

Ayes 29; Nays 10

AYES

Alexander                 Courtney                  Drummond
Elliott                   Fair                      Ford
Glover                    Hayes                     Holland
Jackson                   Land                      Lander
Leatherman                Leventis                  Martin
Matthews                  Moore                     O'Dell
Passailaigue              Patterson                 Peeler
Rankin                    Reese                     Richter
Setzler                   Smith, G.                 Smith, J.V.
Waldrep                   Washington

TOTAL--29

NAYS

Boan                      Bryan                     Cork
Courson                   McConnell                 Mescher
Rose                      Russell                   Thomas
Wilson

TOTAL--10

The amendment was laid on the table.

Leave of Absence

At 10:00 P.M., Senator HOLLAND requested a leave of absence until Noon, Tuesday, May 7, 1996.

Amendment No. 131

Senators SETZLER and WASHINGTON proposed the following Amendment No. 131 (SBD\97.017), which was tabled:

Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 0190, by inserting after line 10:

COLUMN 7 COLUMN 8

Library Materials 300,000 300,000

Amend sections, totals and title to conform.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

ACTING PRESIDENT PRESIDES

At 10:02 P.M., Senator MARTIN assumed the Chair.

Amendment No. 128

Senator GREGORY proposed the following Amendment No. 128 (GJK\22783DW.96), which was tabled:

Amend the bill, as and if amended, Part IA, Section 30, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 249, after line 24 by inserting:

COLUMN 7 COLUMN 8

/UNDER AGE 21

EDUCATION PROGRAM 100,000 100,000/

Amend sections, totals and title to conform.

Senator GREGORY explained the amendment.

Senator J. VERNE SMITH spoke on the amendment.

Senator GREGORY moved that the amendment be adopted.

Senator DRUMMOND moved to lay the amendment on the table.

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

Ayes 19; Nays 18

AYES

Alexander                 Bryan                     Courson
Drummond                  Elliott                   Glover
Land                      Lander                    Leatherman
Leventis                  Matthews                  McConnell
Moore                     O'Dell                    Passailaigue
Patterson                 Rankin                    Smith, J.V.
Washington

TOTAL--19

NAYS

Cork                      Courtney                  Fair
Ford                      Gregory                   Hayes
Jackson                   Martin                    Mescher
Peeler                    Reese                     Richter
Rose                      Russell                   Setzler*
Smith, G.                 Waldrep                   Wilson

TOTAL--18

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

The amendment was laid on the table.

Amendment No. 220

Senator J. VERNE SMITH proposed the following Amendment No. 220 (745.VRC), which was adopted:

Amend the bill, as and if amended, Part IA, Section 30, Department of Health and Environmental Control, page 250, line 14 by:

COLUMN 7 COLUMN 8

STRIKING: 12,343,581 3,625,762

(363.16) (112.45)

INSERTING: 12,343,581 3,597,781

(363.16) (111.45)

Amend the bill further, as and if amended, Part IA, Section 30, Department of Health and Environmental Control, page 250, line 19 by:

COLUMN 7 COLUMN 8

STRIKING: 9,984,660 950,458

INSERTING: 9,984,660 915,062

Amend the bill further, as and if amended Part IA, Section 30, Department of Health and Environmental Control, page 258, line 19 by:

COLUMN 7 COLUMN 8

STRIKING: 44,457,976 14,782,813

INSERTING: 44,457,976 14,775,398

Amend sections, totals and title to conform.

Senator J. VERNE SMITH explained the amendment.

Senator J. VERNE SMITH moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 152

Senator REESE proposed the following Amendment No. 152 (SBD\018), which was tabled:

Amend the bill, as and if amended, Part IA, Section 34, Department of Public Safety, page 0291, line 4 by:

COLUMN 7 COLUMN 8

STRIKING: 303,634 264,600

(10.00) (9.00)

INSERTING: 39,034 0

(1.00) (0.00)

Amend the bill further, as and if amended, PartIA, Section 34, Department of Public Safety, page 0291 by:

COLUMN 7 COLUMN 8

STRIKING: 224,596 219,756

INSERTING: 68,696 63,856

Amend the bill further, as and if amended, Part IA, Section 23, School for the Deaf and Blind, page 0205, by adding after line 14 an appropriately nunmbered item to read:

COLUMN 7 COLUMN 8

MAINTENANCE AND EQUIPMENT 350,000 350,000

Amend the bill further, as and if amended, Part IA, Section 23, School for the Deaf and Blind, page 0205, by adding after line 14 an appropriately numbered item to read:

COLUMN 7 COLUMN 8

CAMPUS SECURITY 70,500 70,500

Amend sections, totals and title to conform.

Senator REESE explained the amendment.

Senator REESE moved that the amendment be adopted.

Senator LAND moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 95A

Senator THOMAS proposed the following Amendment No. 95A (950.DGJ), which was adopted:

Amend the bill, as and if amended, Part IA, Section 42, DEPARTMENT OF PROBATION, PAROLE AND PARDON, page 354, line 26 by:

COLUMN 7 COLUMN 8

STRIKING: 2,441,390

( ) ( )

INSERTING: 3,774,723

( ) ( )

Amend sections, totals and title to conform.

Senator THOMAS explained the amendment.

The amendment was adopted.

Amendment No. 231

Senator THOMAS proposed the following Amendment No. 231 (940.DGJ), which was adopted:

Amend the bill, as and if amended, Part IB, Section 42, Department of Probation, Parole & Pardon Services, page 547, line 5, by adding a new proviso to read:

Every person placed on electronic monitoring shall be assessed a fee to be determined by the Department in accordance with SC Code Section 24-21-80, so long as he remains in the electronic monitoring program. The payment of the fee must be a condition of parole or probation and a delinquency of two months or more in making payments may operate as a revocation. All fees generated by this assessment shall be retained by the department to support the electronic monitoring program and carried forward for the same purpose.

Amend sections, totals and title to conform.

Senator THOMAS explained the amendment.

The amendment was adopted.

Amendment No. 167

Senator WILSON proposed the following Amendment No. 167 (DKA\3734CM.96), which was tabled:

Amend the bill, as and if amended, Part IA, Section 69, Department of Transportation, page 0464, by inserting a new item after line 21:

COLUMN 7 COLUMN 8

/FUNDS TO REPLACE

SPEED LIMIT SIGNS 66,366/

Amend further, Part II, by adding an appropriately numbered SECTION to read:

/SECTION

TO AMEND SECTION 56-5-1520, AS AMENDED, OF THE 1976 CODE, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR AND TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO ERECT THE APPROPRIATE SIGNS WHENEVER A SPEED LIMIT IS CHANGED; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.

A. Section 56-5-1520 of the 1976 Code, as last amended by Part II, Section 36R, Act 497 of 1994, is further amended to read:

"Section 56-5-1520. ~~(a) General rule. No~~(A) A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. ~~In every event~~ Speed must be so controlled ~~as may be necessary~~ to avoid colliding with ~~any~~ a person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of ~~all persons~~ a person to use care.

~~(b) Maximum speed limits.~~(B) Except when a special hazard exists that requires lower speed for compliance with ~~paragraph (a) of this section~~ subsection (A), the limits specified in this section or established as hereinafter authorized are maximum lawful speeds, and no a person shall not drive a vehicle on a highway at a speed in excess of these maximum limits:

(1) ~~thirty miles an hour in any urban district;~~ seventy miles an hour on the interstate highway system and other freeways where official signs giving notice of this speed limit are posted;

(2) sixty miles an hour on multilane divided primary highways where official signs giving notice of this speed limit are posted; and

(3) fifty-five miles an hour in other locations or on other sections of highways ~~except where speeds above fifty-five miles an hour are otherwise provided by Section 56-5-1510.~~

(C) Thirty miles an hour is the maximum speed in an urban district and unpaved roads be limited to the speed of forty-five miles per hour. 'Urban district' means the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than one hundred feet for a distance of a quarter of a mile or more.

(D) The maximum speed limits set forth in this section may be altered ~~as authorized in~~ pursuant to Sections 56-5-1530 and 56-5-1540.

~~(c) When lower speeds required; penalties; citation for violating speed limits.~~

(E) The driver of ~~every~~ a vehicle shall drive, consistent with the requirements of ~~paragraph (a)~~ subsection (A), ~~drive~~ at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, approaching a hillcrest, when traveling upon any narrow bridge, narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.

~~(d) Any~~(F) A person violating the speed limits established by this section is guilty of a misdemeanor and, upon conviction for a first offense, must be fined or imprisoned as follows:

(1) in excess of the above posted limit but not in excess of ten miles an hour by a fine of not less than fifteen dollars nor more than twenty-five dollars;

(2) in excess of ten miles an hour but less than fifteen miles an hour above the posted limit by a fine of not less than twenty-five dollars nor more than fifty dollars;

(3) in excess of fifteen miles an hour but less than twenty-five miles an hour above the posted limit by a fine of not less than fifty dollars nor more than seventy-five dollars; and

(4) in excess of twenty-five miles an hour above the posted limit by a fine of not less than seventy-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

~~(e)~~(G) ~~Any~~ A citation for violating the speed limits issued by any authorized officer must note on it the rate of speed for which the citation is issued.

~~(f)~~(H) In expending the funds credited to the state general fund from fines generated under subsection ~~(d)~~ (F), the department first shall consider the need for additional highway patrolmen.

(I) The Department of Transportation shall erect the appropriate signs whenever a speed limit is changed."

B. Section 56-5-1535 of the 1976 Code, as added by Act 409 of 1994, is amended to read:

"Section 56-5-1535. (A) It is unlawful for a person to drive a motor vehicle in a highway work zone at a speed in excess of the speed limit set and posted by signs. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than seventy-five nor more than two hundred dollars or imprisoned not more than thirty days, or both.

(B) A 'highway work zone' is the area between the first sign that informs motorists of the existence of the work zone on the highway and the last sign that informs motorists of the end of the work zone.

(1) if a sign is posted at the beginning of the active work zone that states ~~"HIGHWAY~~ 'WORK ZONE - ~~NO SPEEDING~~ - ~~TWO HUNDRED DOLLAR~~ $200 FINE AND ~~THIRTY~~ 30 DAYS ~~IMPRISONMENT~~ FOR SPEEDING'";

(2) to the area between the posted sign and the 'END CONSTRUCTION' sign. Signs may be posted at the discretion of the Department of Transportation in the highway work zones designed to comply with work zone traffic control standards contained in the Manual on Uniform Traffic Control Devices published by the Federal Highway Administration.

(D) The penalty imposed pursuant to subsection (C) is in addition to all other penalties prescribed for exceeding the lawful speed limit."

C. Section 56-5-1540(a)(2) of the 1976 Code is amended to read:

"(2) increases the limit within an urban district but not to more than ~~fifty-five~~ seventy miles an hour~~, except that speed limits above fifty-five miles an hour are required when stipulated by Section 56-5-1510~~; or"

D. The 1976 Code is amended by adding:

"Section 56-5-616. The interstate highway system consists of the segments of highways in South Carolina in the officially designated national system of interstate and defense highways."

E. The 1976 Code is amended by adding:

"Section 56-5-617. The state highway primary system consists of a connected system of principal state highways, not to exceed ten thousand miles, connecting centers of population, determined by the Commission of the Department of Transportation."

F. The 1976 Code is amended by adding:

"Section 57-3-175. Notwithstanding any other provision of law, a person moving or hauling a mobile home on the state's interstate highways shall travel at a maximum speed of not more than ten miles an hour below the posted speed limit."

G. Section 56-5-1510 of the 1976 Code is repealed.

H. This section takes effect July 1, 1996./

Amend sections, totals and title to conform.

Senator WILSON explained the amendment.

Point of Order

Senator LAND raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senators WILSON and LAND spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator LAND moved to lay the amendment on the table.

PRESIDENT PRESIDES

At 10:20 P.M., the PRESIDENT assumed the Chair.

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

Ayes 25; Nays 13

AYES

Alexander                 Boan                      Bryan
Courtney                  Drummond                  Elliott
Fair                      Ford                      Glover
Hayes                     Jackson                   Land
Lander                    Leventis                  Martin
Matthews                  McConnell                 Moore
Passailaigue              Patterson                 Rankin
Smith, G.                 Smith, J.V.               Waldrep
Washington

TOTAL--25

NAYS

Cork                      Courson                   Gregory
Leatherman                Mescher                   O'Dell
Peeler                    Reese                     Richter
Rose                      Russell                   Setzler
Wilson

TOTAL--13

The amendment was laid on the table.

Amendment No. 110A

Senator SETZLER proposed the following Amendment No. 110A (4600R212.NKS), which was adopted:

Amend the bill, as and if amended, Part IB, Section 17A, page(s) 491, after line 21, by adding an appropriately numbered new item to read:

/17A. . In addition to the funds appropriated for the EFA litigation for FY 1996-97, any unexpended balance from the funds authorized for the EFA litigation in previous fiscal years shall be carried forward to be expended in the same manner and for the same purposes in 1996-97./

Amend sections, totals and title to conform.

Senator SETZLER spoke on the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 217

Senator GIESE proposed the following Amendment No. 217 (713.VRC), which was tabled:

Amend the bill, as and if amended, Part IB, Section 17E, B&C BOARD - RETIREMENT DIVISION, page 498, line 37, by adding a new proviso to read:
17E.__ (BCB/RET: SCRS Option) Pursuant to a request in writing filed with the system which may be made only in the current fiscal year, the surviving spouse of a deceased member of the South Carolina Retirement System who: (1) retired after December 31, 1991, with more than twenty-five years' service credit; (2) was at least sixty-five on the retirement date; (3) elected to receive maximum benefits; and (4) died less than six months after the effective date of retirement, may revoke the payment election made by the deceased spouse and, upon repayment to the system of all contributions made by the deceased member plus interest, elect a method of payment under Option 2./

Amend sections, totals and title to conform.

Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 201

Senator SETZLER proposed the following Amendment No. 201 (SBD\97.012), which was tabled:

Amend the bill, as and if amended, Part IB, Section 18A, Commission on Higher Education, page 504, Proviso 18A.20, line 1 by striking lines 1 through 3 and inserting the following:
18A.20. (CHE:Tuition and Fee Increases Limitation) For the Current fiscal year, Institutions of Higher Education, including Research Institutions, 4 year institutions, 2 year institutions and technical colleges, which receive General Fund Appropriations, shall not increase in-state tuition and fees above the current year's Higher Education Price Index.

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senators MATTHEWS and WASHINGTON argued contra to the adoption of the amendment.

Senator SETZLER moved that the amendment be adopted.

Senator WASHINGTON moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 96A

Senator THOMAS proposed the following Amendment No. 96A (951.DGJ), which was adopted:

Amend the bill, as and if amended, Part IA, Section 43, DEPARTMENT OF JUVENILE JUSTICE, page 360, line 35 by:

COLUMN 7 COLUMN 8

STRIKING: 340,663

( ) ( )

INSERTING: 1,007,330

( ) ( )

Amend sections, totals and title to conform.

Senator THOMAS explained the amendment.

Senator THOMAS moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 86A

Senators MATTHEWS, PATTERSON, WASHINGTON, FORD, GLOVER and JACKSON proposed the following Amendment No. 86A (4600R602.JWM), which was adopted:

Amend the bill, as and if amended, Part IB, Section 18A, page(s) 504, by striking line(s) 17-20, and inserting the following:

/18A.23. (CHE: African-American Loan Program) Of the funds appropriated to the Commission on Higher Education for the African-American Loan Program, $130,000 must be distributed to South Carolina State University, $100,000 to Benedict College, and $100,000 to Voorhees College for a loan program with the major focus of attracting African-American males to the teaching profession. Of the funds appropriated to the Commission on Higher Education for the African-American Loan Program, $130,000 shall be distributed to South Carolina State University and $100,000 shall be distributed to Benedict College, and must be used for a loan program with the major focus of attracting African-American males to the teaching profession. Of these funds, at least eighty percent must be used exclusively for the awarding of forgivable loans and administrative costs shall not exceed twenty percent (i.e. personnel, supplies, printing, etc.). The Commission on Higher Education shall act as the monitoring and reporting agency for the African-American Loan Program. From the remaining funds, $100,000 shall be distributed to South Carolina State University for the purpose of funding the 1890 Leadership Institute./

Amend sections, totals and title to conform.

Senator MATTHEWS moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 138

Senator SETZLER proposed the following Amendment No. 138 (SBD\97.001), which was adopted:

Amend the bill, as and if amended, Part IB, Section 19A., Department of Education, page 519, after line 42, by adding a new proviso to read:

/19A. Funds appropriated in Part IA, Section 19A of this Act or in a previous Appropriations Act for school building aid may be expended by the school district without application to the State Department of Education or approval from the State Board of Education. The Department of Education shall require that school districts include in their annual audit a verification of compliance with all applicable State laws associated with the use of these funds./

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 221

Senator PEELER proposed the following Amendment No. 221 (4600R243.HSP), which was adopted:

Amend the bill, as and if amended, Part IB, Section 42, page 547, after line 4, by adding an appropriately numbered new section to read:

/( . ) The Comptroller General shall place all savings realized from the reduction in per diem and other benefits for the members of the Board of Probation, Parole and Pardon Services in a special account which must be used to fund the general operations of the Department of Juvenile Justice./.

Amend sections, totals and title to conform.

Senator PEELER explained the amendment.

Senator PEELER moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 101

Senator THOMAS proposed the following Amendment No. 101 (902.DGJ), which was adopted:

Amend the bill, as and if amended, Part IB, Section 42, DEPARTMENT OF PROBATION, PAROLE & PARDON, page 547, line 5, by adding a new proviso to read:

42.____. (DPPP: Electronic Monitoring Program) Of the funds appropriated to the Department of Probation, Parole and Pardon Services for community corrections, other operating expenses, the Department may expend up to $1,333,333 for the expansion of existing community electronic monitoring of criminal offenders under the jurisdiction of the Department. In addition, before September 1, 1996, the Department shall develop and submit a plan to the Senate Corrections and Penology Committee and the House Judiciary Committee identifying additional offender populations to be placed on electronic monitoring and any necessary statutory revisions or additional funding required in order to fully implement this plan. Offenders placed on electronic monitoring must be selected pursuant to criteria developed by the Department, and no offenders may be placed on electronic monitoring unless the offender is in a population that is within the purview of the Department's electronic monitoring authority./

Amend sections, totals and title to conform.

Senator THOMAS explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 198

Senator ELLIOTT proposed the following Amendment No. 198 (4600R606.DE), which was adopted:

Amend the bill, as and if amended, Part IB, Section 50, page(s) 553, line(s) 19, by adding an appropriately numbered new section to read:
/50. Of the funds appropriated in Pt.1A, Section 50, Department of Commerce- Coordinating Council for Economic Development Economic Set Aside Funds, $60,000 shall be used for the purposes of resurfacing the Loris Airport./

Amend sections, totals and title to conform.

Senator ELLIOTT explained the amendment.

Senator ELLIOTT moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 215

Senator ELLIOTT proposed the following Amendment No. 215 (4600R551.DE), which was adopted:

Amend the bill, as and if amended, Part IB, page(s) 561, after line 18, by adding an appropriately numbered new subsection at the end of SECTION 69 to read:

/69. . The Department of Transportation is directed to expend funds as necessary to conduct a study of the feasibility of imposing a toll on federal highways in the state as the federal law allows./

Amend sections, totals and title to conform.

Senator DRUMMOND spoke on the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 204

Senators MOORE, McCONNELL and LEVENTIS proposed the following Amendment No. 204 (4600R249.TLM), which was adopted:

Amend the bill, as and if amended, Part IB, page 563, Section 72, by striking proviso 72.9 and inserting a new 72.9 to read as follows:

/72.9. (GP: Transfers of Appropriations) Agencies and institutions shall be authorized to transfer appropriations within programs and within the agency with notification to the Division of Budget and Analyses and Comptroller General. No such transfer may exceed twenty percent of the program budget. Upon request, details of such transfers may be provided to members of the General Assembly on an agency by agency basis. Transfers of appropriations from personal service accounts to other operating accounts or from other operating accounts to personal service accounts may be restricted to any established standard level set by the Budget and Control Board upon formal approval by a majority of the members of the Budget and Control Board. The transfer of all or any portion of an authorized appropriation from any source of funds to any line item, special item, program, division, section or part that has been vetoed and which has not been overridden or is effective by virtue of the Governor's inability to return the veto prior to sine die adjournment and which has not been overridden, is strictly prohibited. Any such vetoed line item, special item, program, division, section or part is null and void and cannot be carried out using an appropriation authorized for other purposes or otherwise made effective until or unless the veto is overridden./

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

Amendment No. 60

Senator GREG SMITH proposed the following Amendment No. 60 (4600R210.GS), which was tabled:

Amend the bill, as and if amended, Part IB, Section 72, page(s) 570, by striking line(s) 29 through 31.

Amend sections, totals and title to conform.

Senator GREG SMITH explained the amendment.

Senator DRUMMOND spoke on the amendment.

Senator GREG SMITH moved that the amendment be adopted.

Senator DRUMMOND moved to lay the amendment on the table.

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

Ayes 27; Nays 10

AYES

Alexander                 Boan                      Courson
Courtney                  Drummond                  Elliott
Ford                      Glover                    Jackson
Land                      Lander                    Leatherman
Martin                    Matthews                  McConnell
Mescher                   O'Dell                    Passailaigue
Patterson                 Reese                     Richter
Rose                      Russell                   Setzler
Smith, J.V.               Thomas                    Washington

TOTAL--27

NAYS

Bryan                     Cork                      Fair
Gregory                   Hayes                     Leventis
Peeler                    Smith, G.                 Waldrep
Wilson

TOTAL--10

The amendment was laid on the table.

Amendment No. 178

Senators HOLLAND and LAND proposed the following Amendment No. 178 (4600R238.DHH), which was adopted:

Amend the bill, as and if amended, Part IB, Section 72, page(s) 579-80, proviso 72.65, by striking the proviso in its entirety.

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 137

Senators SETZLER and LEVENTIS proposed the following Amendment No. 137 (SBD\97.015), which was adopted:

Amend the bill, as and if amended, Part IB, Section 72, General And Temporary, page 581, Proviso 72.73, line 2, by adding:

/ Not withstanding any other provisions of law, funds and positions transferred to Clemson-PSA from the Department of Education for Agricultural Education shall be used for personnel positions and related office and travel expenses to provide overall leadership, coordination, and structure for agricultural education programs, FFA activities and SC Association of Young Farmers activities in the public schools of South Carolina./

Senator LEVENTIS explained the amendment.

Senator LEVENTIS moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 232

Senator PEELER asked unanimous consent to make a motion to take up Amendment No. 232 for immediate consideration.

There was no objection.

Senator PEELER proposed the following Amendment No. 232 (550.BBH), which was adopted:

Amend the bill, as and if amended, Part IA, Section 3B, HOUSE OF REPRESENTATIVES, page 11, lines 11 AND 12 by:

COLUMN 7 COLUMN 8

STRIKING: 61,293 61,293

(2.00) (2.00)

Amend sections, totals and title to conform.

Senator PEELER explained the amendment.

The amendment was adopted.

Recorded Vote

Senator HAYES desired to be recorded as voting against the adoption of the amendment.

Statement by Senator PASSAILAIGUE

Since I am a member of the Joint Legislative Committee on Aging, I feel it is inappropriate for me to vote on this amendment which has a direct impact on the continuation of the committee.

Motion to Reconsider Adopted
Amendment No. 128

Having voted on the prevailing side, Senator COURTNEY asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 128 (GJK\22783DW.96) proposed by Senator GREGORY was tabled.

The motion to reconsider was adopted.

Amendment No. 128A

On motion of Senator COURTNEY, with unanimous consent, Amendment No. 128A was substituted for Amendment No. 128 and adopted as follows:

Senator GREGORY proposed the following Amendment No. 128A (4600R253.CKG), which was adopted:

Amend the bill, as and if amended, Part IA, Section 30, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 249, after line 24 by inserting:

COLUMN 7 COLUMN 8

/UNDER AGE 21 EDUCATION

PROGRAM 61,293 61,293/

Amend sections, totals and title to conform.

The amendment was adopted.

Amendment No. 233

Senator SETZLER, with unanimous consent, proposed the following Amendment No. 233 (JIC\5995HTC.96), which was tabled:

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

/SECTION

TO AMEND SECTION 9-1-1140, AS AMENDED, OF THE 1976 CODE, RELATING TO ESTABLISHING SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO ALLOW THE PURCHASE OF MATERNITY LEAVE WHEN A MEMBER BEGINS UNDERGRADUATE OR GRADUATE SCHOOL WITHIN TWO YEARS OF THE MEMBER LEAVING COVERED EMPLOYMENT ON MATERNITY LEAVE WITHOUT REGARD TO THE MAXIMUM TWO-YEAR ABSENCE FOR MATERNITY LEAVE BUT WITH ALL OTHER REQUIREMENTS FOR ESTABLISHING SUCH SERVICE CONTINUING TO APPLY, INCLUDING A RETURN TO COVERED EMPLOYMENT WITHIN NINETY DAYS OF THE LAST DAY OF ENROLLMENT IN SCHOOL.

The second unnumbered paragraph of Section 9-1-1140 of the 1976 Code, as last amended by Act 420 of 1994, is further amended to read:

/A period of time up to one year for each pregnancy not to exceed a total of three years service credit may be established for maternity leave provided the member pays the full actuarial cost as determined by the board. However, the payment must not be less than twelve percent of the annual salary at the time of purchase or the average of the three highest consecutive fiscal years of salary at the time of purchase, whichever is greater, for a year of credit prorated for periods less than a year. To be eligible for maternity leave credit an employee must not be absent from work for a period greater than two years for each pregnancy. However, a member who begins undergraduate or graduate school within two years of leaving covered employment on maternity leave may establish the maternity leave as allowed by this section without regard to the two-year maximum absence for maternity leave, but all other requirements with regards to establishing credit for maternity leave apply to such credit, and the member must return to covered employment within ninety days of the last day of enrollment in school."/

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 229

Senator ELLIOTT proposed the following Amendment No. 229 (PFM\9356AC.96), which was ruled out of order:

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

/SECTION __

TO ADD TO EXISTING CRIMINAL PENALTIES AN ADDITIONAL PENALTY FOR A WHOLESALER WHO KNOWINGLY REPORTS IMPROPER OR INACCURATE GASOLINE SALES IN A COUNTY.

A. In addition to all other penalties for the improper reporting of gasoline sales, a wholesaler who knowingly reports improper or inaccurate gasoline sales in a county is guilty of a misdemeanor and must be fined not more than five thousand dollars and imprisoned not more than ninety days.

B. This section takes effect July 1, 1996./

Amend sections, totals and title to conform.

Senator ELLIOTT explained the amendment.

Point of Order

Senator McCONNELL raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senator ELLIOTT spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

The amendment was ruled out of order.

Amendment No. 61A

Senator RANKIN, with unanimous consent, proposed the following Amendment No. 61A (4600R250.LAR), which was adopted:

Amend the bill, as and if amended, Part VI, Section 1, page(s) 671, line(s) 19, by striking /4,750,000/ and inserting:

/2,750,000/.

Amend the bill further, as and if amended, Part VI, Section 1, page 671, by adding after line 19 a new item (4) to read:

/(4) Coastal Carolina University

Humanities Building 2,000,000/.

Amend the bill further, as and if amended, Part VI, Section 1, page 674, by adding after line 23 a new item (47) to read:

/(47) State Board for Technical & Comprehensive Education

Piedmont Tec Ed. Tech/Student Svcs/Admin. Bldg.

2,000,000/.

Amend the bill further, as and if amended, Part VI, Section 1, page 674, item (47), line 26, by striking /7,000,000/, and inserting the following:

/5,000,000/.

Amend items, sections, totals and title to conform.

Senator RANKIN explained the amendment.

Senator RANKIN moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 102

Senator THOMAS proposed the following Amendment No. 102 (904.DGJ), which was adopted:

Amend the bill, as and if amended, Part IB, Section 43, DEPARTMENT OF JUVENILE JUSTICE, page 547, after line 38, by adding a new proviso to read:

43.____. (DJJ: Electronic Monitoring Program) Of the funds appropriated to the Department of Juvenile Justice for community corrections, other operating expenses, the Department may spend up to $666,667 for the creation of community electronic monitoring of juvenile offenders under the jurisdiction of the Department. In addition, before September 1, 1996, the Department shall develop and submit a plan to the Senate Corrections and Penology Committee and the House Judiciary Committee identifying additional offender populations to be placed on electronic monitoring and any necessary statutory revisions or additional funding required in order to fully implement this plan. Offenders placed on electronic monitoring must be selected pursuant to criteria developed by the Department, and no offenders may be placed on electronic monitoring unless the offender is in a population that is within the purview of the Department's electronic monitoring authority.

Amend sections, totals and title to conform.

Senator THOMAS explained the amendment.

The amendment was adopted.

Amendment No. 234A

The Senate Finance Committee proposed the following Amendment No. 234A (BAL002A.BBH), which was adopted:

Amend the bill, as and if amended, Part IA, Section 18B, TUITION GRANTS, page 103, line 19, by:

COLUMN 7 COLUMN 8

STRIKING: 18,350,043 17,564,872

INSERTING: 18,662,043 17,876,872

Amend the bill, as and if amended, Part IA, Section 19, DEPARTMENT OF EDUCATION, page 176, line 2, by:

STRIKING: 17,140,722 17,140,722

INSERTING: 17,199,786 17,199,786

Amend the bill, as and if amended, Part IA, Section 19, DEPARTMENT OF EDUCATION-EDUCATION IMPROVEMENT ACT, page 181, line 13, by:

STRIKING: 18,620,707

INSERTING: 18,625,707

Amend the bill, as and if amended, Part IA, Section 19, DEPARTMENT OF EDUCATION-EDUCATION IMPROVEMENT ACT, page 181, line 23, by:

STRIKING: 4,481,500

INSERTING: 4,472,300

Amend the bill, as and if amended, Part IA, Section 34, DEPARTMENT OF PUBLIC SAFETY, page 291, line 23 by:

COLUMN 7 COLUMN 8

STRIKING: 750,000 750,000

INSERTING: 1,200,000 1,200,000

Amend the bill, as and if amended, Part IA, Section 34, DEPARTMENT OF PUBLIC SAFETY, page 291, line 30 by:

COLUMN 7 COLUMN 8

STRIKING: 12,529,119 10,843,415

INSERTING: 13,179,119 11,493,415

Amend the bill, as and if amended, Part IA, Section 71, Revenue, page 469A, line RETAIL SALES TAX, by:

COLUMN 3

STRIKING: 1,605,307,166

INSERTING: 1,605,290,366

Amend the bill, as and if amended, Part IA, Section 71, Revenue, page 469A, line INCOME TAX (TOTAL), by:

COLUMN 3

STRIKING: 2,092,010,264

INSERTING: 2,091,998,264

Amend the bill, as and if amended, Part IA, Section 71, Revenue, page 469A, line INDIVIDUAL INCOME TAX, by:

COLUMN 3

STRIKING: 1,835,929,929

INSERTING: 1,835,917,929

Amend the bill, as and if amended, Part IA, Section 71, Revenue, page 469A, line TOTAL INCOME AND SALES TAX, by:

COLUMN 3

STRIKING: 3,697,317,430

INSERTING: 3,697,288,630

Amend the bill, as and if amended, Part IA, Section 71, Revenue, page 469A, line ALCOHOLIC LIQUOR TAX, by:

COLUMN 3

STRIKING: 49,587,107

INSERTING: 49,597,107

Amend the bill, as and if amended, Part IA, Section 71, Revenue, page 469A, line DEPARTMENTAL REVENUE by:

COLUMN 3

STRIKING: 40,882,180

INSERTING: 42,370,273

Amend the bill, as and if amended, Part IA, Section 71, Revenue, page 469A, line MOTOR VEHICLE LICENSES, by:

COLUMN 3

STRIKING: 104,483,073

INSERTING: 104,405,073

Amend the bill, as and if amended, Part IA, Section 71, Revenue, page 469A, line TOTAL ALL OTHER REVENUE, by:

COLUMN 3

STRIKING: 667,127,372

INSERTING: 668,547,465

Amend the bill, as and if amended, Part IA, Section 71, Revenue, page 469A, line TOTAL REGULAR SOURCES, by:

COLUMN 3

STRIKING: 4,364,444,802

INSERTING: 4,365,836,095

Amend the bill, as and if amended, Part IA, Section 71, Revenue, page 469B, line TOTAL REGULAR AND MISCELLANEOUS REV, by:

COLUMN 3

STRIKING: 4,428,398,375

INSERTING: 4,429,789,668

Amend the bill, as and if amended, Part IA, Section 71, Revenue, page 469B, line BASE REVENUE ESTIMATE, by:

COLUMN 3

STRIKING: 4,375,976,117

INSERTING: 4,377,367,410

Amend the bill, as and if amended, Part IA, Section 71, Revenue, page 469B, line TOTAL GENERAL FUND REVENUE, by:

COLUMN 3

STRIKING: 4,375,976,117

INSERTING: 4,377,367,410

Amend the bill, as and if amended, Part IA, Section 71, Revenue, page 469B, line EDUCATION IMPROVEMENT ACT, by:

COLUMN 3

STRIKING: 403,326,792

INSERTING: 403,322,592

Amend the bill, as and if amended, Part IA, Section 71, Revenue, page 469B, line TOTAL ALL SOURCES OF REVENUES, by:

COLUMN 3

STRIKING: 5,491,289,638

INSERTING: 5,492,676,731

Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 580, lines 19 through 21 by striking proviso 72.68 and inserting:

72.68. (GP: Establish Positions for DPS New Trooper Class) The Budget and Control Board, based on funds appropriated in Part IA of this Act for the Department of Public Safety, is directed to establish 35 FTEs for a new trooper class.

Amend the bill, Part II, Permanent Provision, Page 662, the unnumbered SECTION added by amendment designated number 162, document name JIC\5977DW.96, by striking the Section in its entirety.

Amend sections, totals and title to conform.

Senator DRUMMOND explained the amendment.

The amendment was adopted.

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

Recorded Vote

Senator FAIR desired to be recorded as voting against the third reading of the Bill.

Statement by Senator SETZLER

I voted for the General Appropriation Bill except for Amendment No. 43A which I opposed and voted against.

Statement by Senator WILSON

I voted "no" on the budget because the formula change of property tax reduction has been shifted from the original intent of reducing all real property at the same maximum assessment to a revised formula based on inaccurate census figures which, over time due to population changes, are inequitable.

AMENDED, READ THE SECOND TIME

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

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

The Senate Finance Committee proposed the following amendment (BBM\10794HTC.96), which was adopted:

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

/SECTION 1. In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for fiscal year 1995-96 the following amounts:

(1) Federal Retiree Settlement 11,500,000

(2) Catawba Indian Settlement 2,500,000

(3) Budget & Control Board-

State House Renovation 3,867,818

(4) State Election Commission-

1996 General Election Expenses 1,227,500

(5) Department of Public Education-

Instructional Materials 13,302,951

(6) Department of Public Education-

Library Materials 1,000,000

(7) Budget & Control Board-

Public Education Technology 10,986,229

(8) Commission on Higher Education-

Formula Funding 33,700,000

Funds appropriated for the Higher Education formula shall be used only for nonrecurring purposes.

(9) University of South Carolina-

Institute of Public Affairs 300,000

(10) Governor's Office SLED-

Vehicles 750,000

(11) Governor's Office SLED-

Data Masters 266,000

(12) Governor's Office SLED-

DNA Lab Equipment 100,000

(13) Commission for the Blind-

Roof Repairs 391,840

(14) John De La Howe School-

Building Maintenance 65,000

(15) Human Affairs Commission-

Computer Upgrade 24,000

(16) Wil Lou Gray-

Dorm Furniture and Equipment 165,000

(17) Wil Lou Gray-

Replace Telephone System 50,000

(18) Department of Agriculture-

Horticulture Building 200,000

(19) Department of Natural Resources-

Geology Equipment and Vehicles 53,520

(20) South Carolina Arts Commission-

Vehicles 40,000

Total Capital Reserve Fund

Appropriation 80,489,858

SECTION 2. This joint resolution takes effect thirty days after the completion of the 1995-96 fiscal year in accordance with the provisions of Article III, Section 36(B)(3)(a), Constitution of South Carolina, 1895, and Section 11-11-320(D)(1) of the 1976 Code./

Amend totals and title to conform.

The question then was the second reading of the Bill.

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

Ayes 45; Nays 0

AYES

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

TOTAL--45

NAYS

TOTAL--0

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

H. 4602--Ordered to a Third Reading

On motion of Senator DRUMMOND, with unanimous consent, H. 4602 was ordered to receive a third reading on Friday, May 3, 1996.

MOTION ADOPTED

On motion of Senator COURSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. W. Miller Montgomery of Columbia, S.C.

Time Fixed

Senator DRUMMOND moved that, when the Senate adjourns on Friday, May 3, 1996, it stand adjourned to meet next Tuesday, May 7, 1996, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 12:30 A.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

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