SENATE JOURNAL for May 23, 1996 - South Carolina Legislature Online

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

THURSDAY, MAY 23, 1996

Thursday, May 23, 1996
(Statewide Session)

~~Indicates Matter Stricken~~
Indicates New Matter

The Senate assembled at 10:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

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

Beloved, the Psalmist gives us a large focus for our thinking, Psalm 33 (vv. 6-8a):

"By the word of the Lord the heavens

were made,

And all their host by the breath of

His mouth.

He gathered the waters of the sea

as in a bottle;

He puts the deeps in storehouses...

He loves righteousness and justice."
Let us pray.

Almighty God, we are united in the realization that we all cannot bear our burdens without Your help!

May the best that we know become our beacon!

Help us to be intolerant of the things that are unbecoming to the character of the wonderful people we represent in this place of great responsibility.

In a day, O Lord, when some are making gods out of the dollar, and gods out of social, economic and political status:

Renew our faith in the verities that center in the prophetic message that a truly happy nation must act as if the living God is truly its Lord.

So lead us to our tasks!

Amen.

RECESS

At 10:05 A.M., on motion of Senator RYBERG, the Senate receded from business until 10:15 A.M.

At 10:16 A.M., the Senate resumed.

PURSUANT TO THE MOTION OF MAY 22, 1996, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

READ THE THIRD TIME
RETURNED TO THE HOUSE WITH AMENDMENTS

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.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (3838R009.LAM) proposed by Senator MARTIN and previously printed in the Journal of Wednesday, May 22, 1996.

Senator MARTIN argued in favor of the adoption of the amendment and Senator COURTNEY argued contra.

Senator COURTNEY moved to lay the amendment on the table.

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

Ayes 18; Nays 19

AYES

Bryan                     Courtney                  Ford
Hayes                     Holland                   Hutto
Jackson                   Land                      Leventis
Matthews                  McGill                    Mescher
Passailaigue              Richter                   Russell
Saleeby                   Waldrep                   Washington

TOTAL--18

NAYS

Alexander                 Boan                      Cork
Drummond                  Elliott                   Fair
Giese                     Gregory                   Martin
McConnell                 Moore                     O'Dell
Peeler                    Rose                      Ryberg
Setzler                   Smith, J.V.               Thomas
Wilson

TOTAL--19

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

Senator COURTNEY argued contra to the adoption of the amendment.

Senator COURTNEY moved to lay the amendment on the table.

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

Ayes 28; Nays 15

AYES

Bryan                     Courtney                  Ford
Giese                     Glover                    Hayes
Holland                   Hutto                     Jackson
Land                      Lander                    Leatherman
Leventis                  Matthews                  McConnell
McGill                    Mescher                   Moore
Passailaigue              Patterson                 Rankin
Reese                     Richter                   Russell
Saleeby                   Setzler                   Smith, G.
Waldrep

TOTAL--28

NAYS

Alexander                 Boan                      Cork
Drummond                  Elliott                   Fair
Gregory                   Martin                    O'Dell
Peeler                    Rose                      Ryberg
Smith, J.V.               Thomas                    Wilson

TOTAL--15

The amendment was laid on the table.

Amendment No. 3

Senator FAIR proposed the following Amendment No. 3 (BBM\10864JM.96), which was tabled:

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

/SECTION ___. The 1976 Code is amended by adding:

"Section 42-1-670. Notwithstanding any other provision of law, bonuses awarded to employees shall not be included in the income which a workers' compensation carrier uses to determine the amount of the employer's premium or premiums for this type of insurance."/

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the amendment.

Senator FAIR moved that the amendment be adopted.

Senator LAND moved to lay the amendment on the table.

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

Ayes 29; Nays 10; Abstain 1

AYES

Alexander                 Bryan                     Courtney
Ford                      Hayes                     Holland
Hutto                     Jackson                   Land
Lander                    Leatherman                Leventis
Matthews                  McConnell                 McGill
Mescher                   Moore                     Passailaigue
Patterson                 Rankin                    Rose
Russell                   Saleeby                   Setzler
Smith, G.                 Smith, J.V.               Waldrep
Washington                Wilson

TOTAL--29

NAYS

Boan                      Cork                      Drummond
Elliott                   Fair                      Gregory
Martin                    Peeler                    Ryberg
Thomas

TOTAL--10
ABSTAIN

Richter

TOTAL--1

The amendment was laid on the table.

Amendment No. 4

Senator PEELER proposed the following Amendment No. 4 (3838R011.HSP), which was adopted:

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

/SECTION ___.Section 42-5-50 of the 1976 Code is amended to read:

"Section 42-5-50. Whenever an employer has complied with the provisions of Section 42-5-20 relating to self-insurance, the Commission shall issue to such employer a certificate, which shall remain in force for a period fixed by the Commission. But the Commission may, upon at least sixty days' notice and a hearing to the employer, revoke the certificate upon satisfactory evidence for such revocation having been presented. At any time after such revocation the Commission may grant a new certificate to the employer upon his petition.

If the commission either fails to issue or revokes a certificate of compliance with the self-insurance provisions because it finds that the proof of financial ability provided by the employer to the commission is not satisfactory, the employer is entitled to judicial review of the failure to issue or the revocation by the Circuit Court./

Renumber sections to conform.

Amend title to conform.

Senator PEELER explained the amendment.

Senator PEELER moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 8

Senator BOAN proposed the following Amendment No. 8 (JUD3838.005), which was tabled:

Amend the bill, as and if amended, page 8, line 27, in SECTION 11, by striking /1997/ and inserting therein /1999/

Amend the bill further, as and if amended, page 8, line 33, in SECTION 12, by striking /1997/ and inserting therein /1999/

Amend the bill further, as and if amended, page 8, line 37, in SECTION 12, by striking /1997/ and inserting therein /1999/

Amend title to conform.

Senator BOAN explained the amendment.

Senator LAND spoke on the amendment.

Senator LAND moved to lay the amendment on the table.

The amendment was laid on the table.

ACTING PRESIDENT PRESIDES

At 11:55 A.M., Senator MARTIN assumed the Chair.

Amendment No. 9

Senator ELLIOTT proposed the following Amendment No. 9 (3838R013.DE), which was tabled:

Amend the bill, as and if amended, page 8, line 39, before the word /Furthermore/ by adding the following:

/No employer who has rejected the terms of Title 42 prior to approval of this act may extend a contract for another form of employee benefits insurance in effect on the date this act is approved beyond July 1, 1997; provided, that a contract in effect on the date this act is approved which has an expiration date beyond July 1, 1997 may be maintained until the expiration date provided under the contract and the employer does not have to comply with the provisions of this act relating to insuring their worker's compensation liabilities until the expiration date; provided further, that the employer shall present evidence of any such contract to the Commission./

Renumber sections to conform.

Amend title to conform.

Senator ELLIOTT explained the amendment.

Senator COURTNEY spoke on the amendment.

Senator COURTNEY moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 4
Motion to Reconsider Adopted

Having voted on the prevailing side, Senator PEELER moved to reconsider the vote whereby Amendment No. 4 (3838R011.HSP) proposed by Senator PEELER was adopted.

The motion to reconsider was adopted.

The question then was the adoption of the amendment.

On motion of Senator PEELER, with unanimous consent, Amendment No. 4 was withdrawn.

Amendment No. 10

Senator FAIR proposed the following Amendment No. 10 (3838R015.MF), which was tabled:

Amend the bill, as and if amended, page 8, by striking SECTION 12 (lines 29 through 43), and inserting:

/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor. Employers who have filed with the Workers' Compensation Commission a notice to reject the provisions of Title 42 on or before May 1, 1996 shall not be required to comply with the provisions of this act relating to insuring their workers' compensation liabilities. Any employer who has rejected the terms of this title on or before May 1, 1996 and has procured another form of employee benefits insurance shall not be required to comply with the provisions of this act relating to the insuring of its workers' compensation liabilities. Furthermore, nothing in this act shall affect or alter any cause of action, right, or claim accruing on or before May 1, 1996; any such cause of action, remedy, or claim accruing before the effective date of this act shall be governed by the law prior to the effective date of this act./

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the amendment.

Senator COURTNEY spoke on the amendment.

Senator COURTNEY moved to lay the amendment on the table.

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

Ayes 28; Nays 12

AYES

Alexander                 Bryan                     Courtney
Ford                      Glover                    Hayes
Holland                   Jackson                   Land
Lander                    Leventis                  Matthews
McConnell                 McGill                    Mescher
Moore                     Passailaigue              Patterson
Rankin                    Reese                     Richter
Rose                      Russell                   Saleeby
Setzler                   Waldrep                   Washington
Wilson

TOTAL--28

NAYS

Boan                      Cork                      Drummond
Elliott                   Fair                      Gregory
Hutto                     Martin                    O'Dell
Peeler                    Ryberg                    Thomas

TOTAL--12

The amendment was laid on the table.

PRESIDENT PRESIDES

At 12:23 P.M., the PRESIDENT assumed the Chair.

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

Leave of Absence

On motion of Senator HOLLAND, at 11:00 A.M., Senator SHORT was granted a leave of absence for today.

Doctor of the Day

Senator MARTIN introduced Dr. Larry Winn of Easley, S.C., Doctor of the Day.

Leave of Absence

At 11:45 A.M., Senator GIESE requested a leave of absence from 12:00 - 2:15 P.M.

Leave of Absence

At 1:00 P.M., Senator LEATHERMAN requested a leave of absence beginning at 4:00 P.M., for the balance of the day.

Message from the House

Columbia, S.C., May 23, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:

S. 949 -- Senator Hayes: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.
Very respectfully,
Speaker of the House

S. 949--REPORT OF THE
COMMITTEE OF CONFERENCE ADOPTED

On motion of Senator PEELER, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator PEELER spoke on the report.

On motion of Senator PEELER, the Report of the Committee of Conference to S. 949 was adopted as follows:

S. 949--Conference Report
The General Assembly, Columbia, S.C., May 23, 1996

The COMMITTEE OF CONFERENCE, to whom was referred:

That the same do pass with the following amendments:

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

/SECTION 1. The General Assembly finds that:

(1) for the past two years a temporary budget proviso allowed students in the teacher preparation program who met certain requirements to undertake a fourth attempt to pass the Education Entrance Examination;

(2) when the General Assembly chose to end the authorization for the fourth opportunity to sit for the examination by deleting this budget proviso in the 1995-96 general appropriations act, some students, acting in good faith, were caught in the process of qualifying for the fourth attempt on the exam; and

(3) the General Assembly by this act is desirous of correcting this inequity.

SECTION 2. Notwithstanding any other provision of law, a person required to take and pass the Education Entrance Examination (EEE), pursuant to Section 59-26-20(e) or 59-26-40 of the 1976 Code, who has failed to achieve a passing score on all sections after the number of attempts allowed by law may retake for a fourth time any test section not passed in the manner allowed by this section. The person must complete a remedial or developmental course from a post-secondary institution in the subject area of any test section not passed and must petition the State Superintendent of Education or the chairperson of the State Board of Education for authorization to retake that portion of the test failed. The State Superintendent of Education or the chairperson of the State Board of Education is authorized to grant the petition. The applicant must then pay a cost, not to exceed sixty dollars to be determined by the authorizing authority, for the administration of the fourth examination.

SECTION 3. Notwithstanding any other provision of law, before a student may enter a teacher education program after December 1, 1996, he or she must have passed the Education Entrance Examination (EEE). After December 1, 1996, any person who has failed to achieve a passing score on all sections of the EEE after two attempts may retake for a third time any test section not passed in the manner allowed by this section. The person must first complete a remedial or developmental course from a post-secondary institution in the subject area of any test section not passed and provide satisfactory evidence of completion of this required remedial or developmental course to the State Superintendent of Education. A third administration of the examination may then be given to this person. If the person fails to pass the EEE after the third attempt, he or she after a period of three years may take the EEE or any sections not passed for a fourth time under the same terms and conditions provided by this section for persons desiring to take the EEE for a third time.

SECTION 4. This act takes effect upon approval by the Governor, except that the provisions of Section 2 hereof expire on December 1, 1996./

Amend Title to conform.

/s/Senator Harvey Peeler /s/Rep. Michael Jaskwhich
/s/Senator John Matthews /s/Rep. Margaret Gamble
/s/Senator Wes Hayes /s/Rep. Willie McMahand

for the Senate. for the House.

, and a message was sent to the House accordingly.

S. 949--Enrolled for Ratification

The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

A message was sent to the House accordingly.

RECALLED

H. 3423 -- Rep. P. Harris: A BILL TO AMEND SECTIONS 9-1-440 AND 9-11-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW MEMBERS ESTABLISHING SERVICE CREDIT FOR NONMEMBER SERVICE TO ELECT IRREVOCABLY TO ESTABLISH LESS THAN THE TOTAL OF THE NONMEMBER SERVICE.

Senator LEATHERMAN asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

There was no objection.

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

RECALLED

H. 3883 -- Reps. Rice, Whatley and Knotts: A BILL TO AMEND SECTION 56-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRACE PERIOD FOR PROCURING A MOTOR VEHICLE REGISTRATION AND LICENSE, SO AS TO REQUIRE A PLACARD CONTAINING CERTAIN INFORMATION BE DISPLAYED ON THE MOTOR VEHICLE BEFORE THE REGISTRATION AND LICENSE PLATE ARE RECEIVED.

Senator ALEXANDER asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.

There was no objection.

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

RECALLED, AMENDED, READ THE SECOND TIME

H. 4338 -- Reps. Sharpe, Witherspoon, Riser and Seithel: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, AND SECTION 50-11-390, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES WITH RESPECT TO GAME ZONES, SO AS TO AUTHORIZE SUNDAY HUNTING ON PRIVATE LAND IN GAME ZONES 1, 2, AND 4 UNDER CERTAIN CONDITIONS.

Senator PEELER asked unanimous consent to make a motion to recall the Bill from the Committee on Fish, Game and Forestry.

There was no objection.

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

There was no objection.

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

Senator GREGORY proposed the following amendment (4338R001.CKG), which was adopted:

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

/SECTION 1. Section 50-11-310(A) of the 1976 Code is amended to read:

"(A) The open season for taking antlered deer is:

(1) Game Zones 1, 2, and 4: as set by the department between October first and January first. The department may designate the sex of the deer that may be taken and may promulgate regulations for the proper control of the deer harvest in these game zones; however, in Game Zone 4, on private land only, the department must not establish more than two consecutive days where deer may not be hunted or taken during the season framework;"

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

Renumber sections to conform.

Amend title to conform.

Senator PEELER explained the amendment.

Recorded Vote

Senator LANDER desired to be recorded as voting against 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.

H. 4338--Ordered to a Third Reading

On motion of Senator PEELER, H. 4338 was ordered to receive a third reading on Friday, May 24, 1996.

RECALLED

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.

Senator J. VERNE SMITH asked unanimous consent to make a motion to recall the Bill from the Committee on Labor, Commerce and Industry.

There was no objection.

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

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

H. 5060 -- Reps. Spearman and Waldrop: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING MR. BERNARD L. BLACK OF SALUDA COUNTY FOR HIS DEDICATED, OUTSTANDING SERVICE AS DEPARTMENT ADJUTANT OF THE AMERICAN LEGION, DEPARTMENT OF SOUTH CAROLINA, FROM 1986 TO 1996.

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

H. 5061 -- Reps. Tripp and Wilkins: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO DR. WALTER HANDFORD OF GREENVILLE ON HIS THIRTY-ONE YEARS OF DEDICATED AND PRODUCTIVE SERVICE TO SOUTHSIDE BAPTIST CHURCH AND TO EXTEND BEST WISHES UPON HIS RETIREMENT.

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

H. 5063 -- Reps. Rogers, J. Brown, Byrd, Cotty, Cromer, Harrison, Howard, Neal, Quinn, Scott, Shissias, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, G. Brown, H. Brown, T. Brown, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neilson, Phillips, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, 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 CONGRATULATE THE UNIVERSITY OF SOUTH CAROLINA ALUMNI ASSOCIATION FOR 150 YEARS OF SERVICE TO THE STATE OF SOUTH CAROLINA AND TO ALUMNI FRIENDS, FACULTY, STAFF, AND STUDENTS OF THE UNIVERSITY OF SOUTH CAROLINA.

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

H. 5064 -- Reps. McAbee, Carnell and Koon: A CONCURRENT RESOLUTION COMMENDING CAROLYN W. REESE OF LEXINGTON COUNTY ON HER TWENTY-FIVE YEARS OF SERVICE WITH THE STATE LAW ENFORCEMENT DIVISION AND WISHING HER THE VERY BEST ON THE OCCASION OF HER RETIREMENT.

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

H. 5065 -- Reps. Davenport, Lanford, Walker, Lee, Littlejohn, Allison, Wilder, Wells, D. Smith and Vaughn: A CONCURRENT RESOLUTION CONGRATULATING MISS KATHRYN REESE OF SPARTANBURG FOR ACHIEVING, THROUGH DEDICATION AND HARD WORK, THE ACADEMIC HONOR OF BEING A 1996 MAGNA CUM LAUDE GRADUATE OF THE UNIVERSITY OF SOUTH CAROLINA, AND COMMENDING HER ON HER MANY ACCOMPLISHMENTS AND FOR BEING AN EXCELLENT ROLE MODEL FOR THE CHILDREN OF OUR STATE.

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

H. 5066 -- Reps. Rice and Robinson: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING KYLE THOMPSON, A STUDENT AT EASLEY HIGH SCHOOL, ON WINNING THE 1996 CLASS AAAA INDIVIDUAL STATE CHAMPIONSHIP IN GOLF.

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

REPORT OF STANDING COMMITTEE

Senator HOLLAND from the Committee on Judiciary polled out H. 4789 favorable with amendment:

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

Poll of the Judiciary Committee on H. 4789
Ayes 18; Nays 0; Not Voting 0

AYES

Holland                   Saleeby                   McConnell
Bryan                     Wilson                    Moore
Russell                   Rose                      Courtney
Cork                      Ford                      Glover
Gregory                   Jackson                   Lander
Martin                    Mescher                   Rankin

TOTAL--18

NAYS

TOTAL--0

NOT VOTING

TOTAL--0

Ordered for consideration tomorrow.

Amended, Read the Second Time

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

There was no objection.

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 (JUD4789.002), which was adopted:

Amend the bill, as and if amended, beginning on page 2, line 35, by striking SECTION 2 in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator COURTNEY explained the amendment.

The amendment was adopted.

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

H. 4789--Ordered to a Third Reading

On motion of Senator COURTNEY, with unanimous consent, H. 4789 was ordered to receive a third reading on Friday, May 23, 1996.

CONCURRENCE

S. 1114 -- Senator Greg Smith: A BILL TO AMEND SECTION 30-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD GEORGETOWN COUNTY TO THE LIST OF COUNTIES WHICH HAVE A REGISTER OF MESNE CONVEYANCES; AND TO AMEND SECTION 30-5-12, RELATING TO THE APPOINTMENT OF REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD GEORGETOWN COUNTY TO THE LIST OF COUNTIES WHICH SHALL APPOINT THE REGISTER OF MESNE CONVEYANCES FOR ITS COUNTY PURSUANT TO THE TERMS AND CONDITIONS AS IT MAY AGREE UPON.

The House returned the Bill with amendments.

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

The House returned the Bill with amendments.

Senator BRYAN explained the 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.

CONCURRENCE

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

The House returned the Bill with amendments.

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

NONCONCURRENCE

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.

The House returned the Bill with amendments.

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

H. 3915--CONFERENCE COMMITTEE APPOINTED
Message from the House

Columbia, S.C., May 23, 1996

Mr. President and Senators:

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

Very respectfully,
Speaker of the House

Whereupon, the PRESIDENT appointed Senators J. VERNE SMITH, MOORE and FORD of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

H. 3915--REPORT OF THE
COMMITTEE OF CONFERENCE ADOPTED

On motion of Senator J. VERNE SMITH, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator J. VERNE SMITH spoke on the report.

On motion of Senator J. VERNE SMITH, the Report of the Committee of Conference to H. 3915 was adopted as follows:

H. 3915--Conference Report
The General Assembly, Columbia, S.C., May 23, 1996

The COMMITTEE OF CONFERENCE, to whom was referred:

That the same do pass with the following amendments:

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

SECTION 1. Chapter 7, Title 44 of the 1976 Code is amended by adding:

"Article 25
Medical University of South Carolina
Lease and Sale of Certain Assets

Section 44-7-3110. The General Assembly authorizes and grants to the Board of Trustees of the Medical University of South Carolina authority to enter into reasonable agreements to transfer the management and operations of the Medical University Hospital to one or more private operators, including authority to:

(A) Lease certain Medical University Hospital land, together with all easements, rights, privileges, and appurtenances appertaining thereto, and all of the buildings, structures, fixtures, and other improvements existing and situated on that land, all as described in Section 44-7-3120; and

(B) Sell furniture, fixtures, equipment, accounts receivable, and other incidental assets associated with or employed in the operation of the Medical University Hospital on the land.

Provided, however, that the following terms and conditions must be observed and included and accepted in the agreements:

(1) The term of the lease and any extensions may not exceed a total aggregate period of thirty years.

(2) The leased premises may be used only for the operation of hospitals and clinics, and for other uses reasonably related to hospitals, clinics, and healthcare, provided that those operations and uses are consistent with all Joint Commission on Accreditation and Healthcare Organizations standards.

(3) Any private operator or operators chosen by the Medical University of South Carolina's Board of Trustees to operate the Medical University Hospital shall not transfer, sell, lease, or assign control of the Medical University Hospital, or of the entity operating or controlling the Medical University Hospital or of any of its related real estate or other assets, to any other private operator without the prior express written approval of the Medical University of South Carolina Board of Trustees and without compliance with the same terms and conditions provided in this article. Prior to any such transfer, sale, lease, or assignment of control, the Medical University of South Carolina shall have the right of first refusal and be given sufficient time to consider and decide whether to exercise the right of first refusal.

(4) Any private operator or operators chosen by the Medical University of South Carolina's Board of Trustees to operate the Medical University Hospital must provide indigent care in the same manner as is being provided by the Medical University of South Carolina through the operation of this Medical University Hospital and its clinical programs.

(5) The Medical University of South Carolina and the State of South Carolina must be protected from any tort liability arising from the private operation of the Medical University Hospital by the private operator, unless and except to the extent the tort liability is caused by or attributed to the Medical University of South Carolina or the State of South Carolina, or both. The agreement will require the operator of the Medical University Hospital to acquire and keep in effect sufficient insurance policies to provide a reasonable amount and type of coverage and naming the Medical University of South Carolina as an additional insured.

(6) The name and logo of the Medical University of South Carolina and its affiliates shall not be used by any private operator to market and promote health care services.

(7) The proceeds from this lease and from the sale of these assets must be used for the retirement of outstanding indebtedness incurred to finance Medical University Hospital facilities, and all other revenues and payments received from or in connection with this lease or sale must be dedicated solely for use of the Medical University of South Carolina's business and operations as the Board of Trustees of the Medical University of South Carolina may direct, subject to review by the appropriate bodies of state governments.

(8) All agreements, the manner in which all agreements are made and the implementation of all agreements must comply with all applicable laws.

(9) Access for any person or group to use the services of the Medical University Hospital and clinical services shall not be limited, restricted, denied, or allowed in a discriminatory manner that is prohibited by law; nor shall such access be denied based on lack of participation or membership in a particular health plan or network.

(10) The Medical University of South Carolina shall have access at all times to all records of all patients treated at the Medical University Hospital, and all patients shall have access at all times to their own records.

Provided, further, that the lease and sale may not be finalized until the Budget and Control Board is satisfied that the consideration paid by the private operator or operators for the agreements authorized by this article reflects a fair and reasonable value to the State of South Carolina, based upon either the net book value of the hospital, capitalization of income from operation of the hospital over a period of years, the net present value of future cash flow of the hospital, a direct comparison to a comparable transaction, or some other financially sound and general practiced method of business evaluation.

The Budget and Control Board is directed to cause the lease and purchase agreements regarding the Medical University Hospital to contain provisions requiring and insuring compliance with the terms and conditions stated above. To assist the board in performing this function, the Medical University of South Carolina is required to provide, at its expense, any information, studies, evaluations, agreements, reports, or other data requested by the Budget and Control Board, including any such items with regard to University Medical Associates or any of its employees, officers, and affiliates. The approval requirement for the transaction authorized in this act shall be governed by the provisions of Section 1-11-65 of the 1976 Code and compliance with the provisions of this act is exclusive and shall satisfy the approval requirements of any and all other statutory provisions requiring the review and/or approval of any agency, department, or division.

No lease or other agreement pursuant to this article shall be valid unless and until the provisions of this article have been complied with fully and the Budget and Control Board has certified that the provisions of this article have been complied with fully.

Section 44-7-3120. The legal description of the land and improvements thereon referenced in Section 44-7-3110(A) is as follows:

All that certain property and parcels of land in Charleston County together with improvements thereon lying on the north side of Albert B. Sabin Street, between Ashley Avenue and Jonathan Lucas Street consisting of the MUSC Teaching Hospital and the MUSC Children's Hospital but saving and excepting the Clinical Sciences Building and the Storm Eye Institute;

Together with a rectangular parcel located on the south side of Albert B. Sabin Street containing certain fuel oil tanks;

Together with the Psychiatric Institute located on the west side of President Street and the playground area located to the rear of such institute but saving and excepting the auditorium, the lobby area, and the University Services Building.

The above referenced properties are as shown on a survey prepared by Forsburg Engineering & Surveying, Inc., to be recorded and reference is made thereto for a description of the metes and bounds thereof.

Section 44-7-3130. Notwithstanding any other provision of law to the contrary, University Medical Associates (UMA) is a public body as defined by Chapter 4, Title 30 (the Freedom of Information Act) for purposes of the act and the provisions of the act apply to records maintained by UMA."

SECTION 2. Upon approval of the proposed sale or lease of MUSC's facilities and assets to HCA, HCA shall take the steps necessary to create an employee grievance committee for the review of all employee disciplinary actions and terminations by HCA. The grievance procedure must provide that the final decision in any grievance involving a former MUSC employee rests with the board of directors of MUSC and that the final decision in grievances involving HCA employees rests with the official designated by HCA.

SECTION 3. Notwithstanding any other provision of law, the Budget and Control Board must consult the South Carolina Commission on Higher Education prior to granting authorization to effectuate the transaction provided for in this act.

SECTION 4. Notwithstanding any other provision of law to the contrary, upon approval of the proposed lease and sale of Medical University of South Carolina facilities and assets, no one who is currently an employee of MUSC or UMA may personally profit from the transaction by accepting compensation or other financial incentives from the purchasing and/or leasing company if that individual played a substantial role in the negotiation process. As used in this section "substantial role" means a role where one is providing direct advice to the members of a negotiating team or being a member of a negotiating team.

SECTION 5. No condition of any lease or agreement shall restrict MUSC employees to shared participation with one company's health care third party providers.

SECTION 6. At the time of default by Columbia HCA or end of the lease, MUSC shall not be required to purchase the Medical Center as a going concern but rather at the appraised value of the tangible assets owned by the lessee as personal property inventory.

SECTION 7. Any discontinuation or transfer of any inpatient clinical service offered at the Medical Center shall be with the prior written consent of the MUSC Board of Trustees.

SECTION 8. All agreements between University Medical Associates and any of its servants, agents, and subsidiaries and partners are subject to review and approval by the Board of Trustees of the Medical University of South Carolina and the terms of any such agreements shall not conflict with the terms and conditions of the lease authorized by this section.

SECTION 9. Notwithstanding any other provision of law to the contrary, including any provision of the Annual General Appropriation Act for FY 1996-97, members of the General Assembly must pay any co-payment or deductible as may be applicable for receiving services at a hospital facility in this State whether or not their services are provided by the MUSC hospital or its successor in interest.

SECTION 10. Notwithstanding any other provision of law to the contrary, upon approval of the proposed sale or lease of MUSC's facilities and assets, MUSC must maintain the current level of services currently offered to indigent patients at Charleston Memorial Hospital unless the MUSC Board of Trustees approves otherwise.

SECTION 11. Notwithstanding any other provision of law to the contrary, any financial obligation under the agreements entered into by a subsidiary corporation must be unconditionally guaranteed by the ultimate parent corporation of the purchaser/tenant.

SECTION 12. This act takes effect upon approval by the Governor.

Amend title to conform.

/s/J. Verne Smith                 /s/John G. Felder
/s/Thomas L. Moore                /s/Ronald C. Fulmer
/s/Robert Ford                    Lynn Seithel
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 23, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:

H. 3915--Enrolled for Ratification

The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

A message was sent to the House accordingly.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION FAILED

Senator MOORE moved to dispense with the Motion Period.

Parliamentary Inquiry

Senator HAYES made a Parliamentary Inquiry as to whether or not the motion to recur to the Morning Hour was a higher motion than the motion to dispense.

The PRESIDENT stated that the motion to dispense was a higher motion.

Senator HAYES moved to table the motion to dispense.

The motion to dispense was laid on the table.

Senator HAYES moved to recur to the Morning Hour.

Point of Order

Senator McCONNELL raised a Point of Order that under the provisions of Rule 34A the motion to recur to the Morning Hour was out of order inasmuch as it should be made either prior to, or at the completion of, a specific category and cannot be made while in the Motion Period.

Senators FAIR and MARTIN spoke on the Point of Order.

Senator McCONNELL withdrew the Point of Order.

Senator McCONNELL moved to table the motion to recur to the Morning Hour.

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

Ayes 29; Nays 12

AYES

Alexander                 Boan                      Cork
Courtney                  Drummond                  Elliott
Ford                      Glover                    Holland
Hutto                     Land                      Lander
Leatherman                Martin                    Matthews
McConnell                 McGill                    Moore
O'Dell                    Passailaigue              Patterson
Rankin                    Reese                     Rose
Russell                   Saleeby                   Setzler
Smith, J.V.               Washington

TOTAL--29

NAYS

Bryan                     Fair                      Gregory
Hayes                     Leventis                  Mescher
Peeler                    Richter                   Ryberg
Thomas                    Waldrep                   Wilson

TOTAL--12

The motion to recur to the Morning Hour was laid on the table.

MOTION ADOPTED

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

DEBATE INTERRUPTED

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

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

Senator HAYES was recognized.

Point of Order

Senator McCONNELL raised a Point of Order that under the provisions of a motion adopted on March 20, 1996, the motion to reconsider the motion whereby S. 1142 was made a Special Order was the pending question.

Senators WILSON and McCONNELL spoke on the Point of Order.

The PRESIDENT stated that Senator McCONNELL was correct in that the motion made and adopted on March 20, 1996, waived the time limit provisions of Rule 12 for the purpose of making a motion to reconsider; however, the motion was not made and could now only be made with unanimous consent inasmuch as Senator HAYES had the floor. The Point of Order was overruled.

Senator HAYES argued in favor of the second reading of the Bill.

With Senator HAYES retaining the floor, Senator DRUMMOND asked unanimous consent to make a motion that the Senate stand in recess.

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

Leave of Absence

At 1:00 P.M., Senators ROSE, MESCHER, SALEEBY and WALDREP requested a leave of absence beginning at 2:30 P.M., for the balance of the day.

RECESS

At 1:02 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 2:30 P.M.

AFTERNOON SESSION

The Senate reassembled at 2:32 P.M. and was called to order by the PRESIDENT.

RECESS

With Senator HAYES retaining the floor, at 2:33 P.M., on motion of Senator McCONNELL, the Senate receded from business until 2:45 P.M.

At 2:43 P.M., the Senate resumed.

RECESS

With Senator HAYES retaining the floor, at 2:44 P.M., on motion of Senator HAYES, the Senate receded from business not to exceed ten minutes.

At 3:00 P.M., the Senate resumed.

Motion to Ratify Adopted

At 3:06 P.M., Senator DRUMMOND asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 3:30 P.M.

There was no objection and a message was sent to the House accordingly.

ADOPTION OF FREE CONFERENCE REPORT RECONSIDERED
GRANTING OF FREE CONFERENCE POWERS RECONSIDERED

APPOINTMENT OF FREE CONFEREES RECONSIDERED
CARRIED OVER

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

On motion of Senator McCONNELL, the Bill was taken up for immediate consideration.

Having voted on the prevailing side, Senator McCONNELL moved to reconsider the vote whereby the Report of the Committee of Free Conference was adopted.

The motion to reconsider was adopted.

Having voted on the prevailing side, Senator McCONNELL moved to reconsider the vote whereby Free Conference Powers were granted.

The motion to reconsider was adopted.

Having voted on the prevailing side, Senator McCONNELL moved to reconsider the vote whereby Senators McCONNELL, MOORE and COURSON were appointed to the Committee of Free Conference.

The motion to reconsider was adopted.

The question then was the adoption of the Report of the Committee of Conference.

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

ADOPTION OF FREE CONFERENCE REPORT RECONSIDERED
GRANTING OF FREE CONFERENCE POWERS RECONSIDERED

APPOINTMENT OF FREE CONFEREES RECONSIDERED
CARRIED OVER

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.

On motion of Senator McCONNELL, the Joint Resolution was taken up for immediate consideration.

Having voted on the prevailing side, Senator McCONNELL moved to reconsider the vote whereby the Report of the Committee of Free Conference was adopted.

The motion to reconsider was adopted.

Having voted on the prevailing side, Senator McCONNELL moved to reconsider the vote whereby Free Conference Powers were granted.

The motion to reconsider was adopted.

Having voted on the prevailing side, Senator McCONNELL moved to reconsider the vote whereby Senators McCONNELL, MOORE and COURSON were appointed to the Committee of Free Conference.

The motion to reconsider was adopted.

The question then was the adoption of the Report of the Committee of Conference.

On motion of Senator McCONNELL, the Joint Resolution was carried over.

MOTION ADOPTED

On motion of Senator MOORE, with unanimous consent, the Senate agreed to recur to the Morning Hour.

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

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

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

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

Respectfully,
David M. Beasley

Local Appointment

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

Mr. Edward Ravenell, 561 Tiny Lane, Cross, S.C. 29436

Received as information.

Message from the House

Columbia, S.C., May 23, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.363, S. 972 by a vote of 3 to 0:

(R363) S. 972 -- Senator Bryan: AN ACT TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE LAURENS, McCORMICK, GREENWOOD, AND ABBEVILLE COUNTIES' TRANSPORTATION COMMITTEES.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 22, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.317, S. 1273 by a vote of 4 to 0:

(R317) S. 1273 -- Senators Rose, McConnell and Mescher: AN ACT TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 22, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Kirsh, Young-Brickell and Whatley of the Committee of Conference on the part of the House on:

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.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 22, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has granted Free Conference Powers and appointed Reps. Carnell, Hallman and White of the Committee of Free Conference on the part of the House on:

S. 846 -- Senator Giese: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 72 SO AS TO PROVIDE FOR THE ISSUANCE OF SOUTH CAROLINA OLYMPIC LICENSE PLATES.
Very respectfully,
Speaker of the House

Message from the House

Columbia, S.C., May 22, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:

S. 846--Enrolled for Ratification

The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

A message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 23, 1996

Mr. President and Senators:

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

S. 944 -- Senators Greg Smith and Rose: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF GEORGETOWN COUNTY.
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 23, 1996

Mr. President and Senators:

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

H. 3624 -- Rep. Sharpe: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 57 SO AS TO ENACT THE SOUTH CAROLINA ENVIRONMENTAL AUDIT ACT OF 1995 SO AS TO DEFINE ENVIRONMENTAL AUDITS AND AUDIT REPORTS AND TO CREATE A PRIVILEGE WITH REGARD TO CONTENTS OF THESE REPORTS AND TO PROVIDE EXCEPTIONS.
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 23, 1996

Mr. President and Senators:

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

H. 3785 -- Reps. Sharpe, Knotts, Hutson, Limehouse, Littlejohn, A. Young, Whatley, Fleming, Bailey, Fair, Easterday, Allison, Meacham, Walker, Moody-Lawrence, R. Smith, Neal, Tripp, Neilson, Stille, Davenport, Witherspoon, Hines, Vaughn, Rice, Cato, Haskins, Sandifer, Shissias, Mason, Riser, J. Brown, Wright, Wofford, Richardson, J. Harris, Dantzler and Harrison: A BILL TO AMEND TITLE 40, CHAPTER 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MASSEURS AND MASSEUSES, TO ENACT THE MASSAGE PRACTICE ACT SO AS TO CREATE THE BOARD OF MASSAGE AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH LICENSURE AND RENEWAL REQUIREMENTS FOR MASSAGE THERAPISTS; TO DEFINE ACTS OF MISCONDUCT AND TO PROVIDE DISCIPLINARY ACTION AND PROCEDURES FOR MISCONDUCT, AND TO PROVIDE PENALTIES.
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 23, 1996

Mr. President and Senators:

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

H. 3905 -- Reps. Wright, Quinn and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-45 SO AS TO PROVIDE A PROCEDURE FOR REIMBURSING A SCHOOL DISTRICT FOR COSTS TO THE DISTRICT OF EDUCATING A CHILD NOT A RESIDENT OF THE SCHOOL DISTRICT HE ATTENDS.
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 23, 1996

Mr. President and Senators:

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

H. 4637 -- Reps. Townsend, Allison, Howard and Wright: A BILL TO AMEND CHAPTER 125, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINTHROP UNIVERSITY, BY DESIGNATING SECTIONS 59-125-10 THROUGH 59-125-120 AS ARTICLE 1, ENTITLED "GENERAL PROVISIONS", AND BY ADDING ARTICLE 3 ENACTING THE WINTHROP UNIVERSITY FACILITIES REVENUE BOND ACT SO AS TO PROVIDE AUTHORITY FOR THE UNIVERSITY TO ISSUE REVENUE BONDS TO ACQUIRE, CONSTRUCT, RENOVATE, AND EQUIP CERTAIN REVENUE-PRODUCING FACILITIES, AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH THESE BONDS MAY BE ISSUED, INCLUDING THOSE REVENUES THAT MAY BE PLEDGED FOR THEIR REPAYMENT.
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 23, 1996

Mr. President and Senators:

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

H. 4818 -- Reps. Harrison, Sheheen, Whatley, Tucker, Spearman, Rice, Herdklotz, Seithel, Young-Brickell, Stuart, Wilkins, Knotts, Klauber, Wofford, Fleming, Chamblee, D. Smith, Sandifer, Cain, Riser, Meacham, Cato, Robinson, H. Brown and Wright: A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY FOR VIOLATING THE LAW, SO AS TO INCLUDE AN ADDITIONAL REQUIREMENT FOR DETENTION IN A SECURE JUVENILE DETENTION FACILITY AND TO PROVIDE SPECIFIC TIME FRAMES FOR REVIEW OF A JUVENILE IN A DETENTION FACILITY; TO AMEND SECTION 20-7-780, AS AMENDED, RELATING TO CONFIDENTIALITY OF JUVENILE RECORDS, FINGERPRINTS, AND PHOTOGRAPHS, SO AS TO EXPAND THE CIRCUMSTANCES UNDER WHICH A JUVENILE MAY BE FINGERPRINTED AND TO EXPAND THE USE OF FINGERPRINTS; AND TO AMEND SECTION 20-7-2170, AS AMENDED, RELATING TO COMMITMENT OF CHILDREN TO THE DEPARTMENT OF JUVENILE JUSTICE AND TRANSFER TO THE DEPARTMENT OF CORRECTIONS, SO AS TO EXPAND THE CONDITIONS UNDER WHICH THE COURT MAY WAIVE THE TEMPORARY COMMITMENT OF A CHILD TO THE DEPARTMENT FOR EVALUATION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

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

The House returned the Bill with amendments.

Senator HAYES explained the amendments.

Senator RANKIN proposed the following amendment (1028R001.LAR), which was adopted:

Amend the bill, as and if amended, page 1, after line 34, by adding an appropriately numbered new SECTION to read:

/SECTION ___. Section 5-7-140 of the 1976 Code is amended to read:

"Section 5-7-140. For the purpose of maintaining proper policing and to provide proper sanitation, the police jurisdiction and authority of any municipality bordering on the high-tide line of the Atlantic Ocean or the high-water mark of any other navigable body of water is extended to include all that area lying between the high-tide line and the low-tide line or between the high-water mark and the low-water mark. These areas, including areas bordering on navigable bodies of water running through a municipality or contained wholly within the municipality, are subject to all the ordinances and regulations that may be applicable to the areas lying within the corporate limits of the municipality, and the municipal courts have jurisdiction to punish individuals violating the provisions of the municipal ordinances where the misdemeanor occurred in the areas defined in this section. (A) The corporate limits of any municipality bordering on the high-tide line of the Atlantic Ocean are extended to include all that area lying between the high-tide line and one mile seaward of the high-tide line. These areas are subject to all the ordinances and regulations that may be applicable to the areas lying within the corporate limits of the municipality, and the municipal courts have jurisdiction to punish individuals violating the provisions of the municipal ordinances where the misdemeanor occurred in the area defined in this section.

(B) The corporate limits of any municipality bordering on the high water mark of a navigable body of water (other than the Atlantic Ocean) are extended to include all that area lying between the high water mark and the low water mark. These areas are subject to all of the ordinances and regulations that may be applicable to the areas lying within the corporate limits of the municipality, and the municipal courts have jurisdiction to punish individuals violating the provisions of the municipal ordinances where the misdemeanor occurred in the areas defined in this section."/

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

The amendment was adopted.

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

RETURNED FROM THE HOUSE WITH AMENDMENTS
COMMITTED TO THE AIKEN COUNTY DELEGATION

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

The House returned the Bill with amendments.

Senator RYBERG asked that the Bill be committed to the Aiken County Delegation.

There was no objection.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1429 -- Senators Richter, Ryberg, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Rose, Russell, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A SENATE RESOLUTION TO COMMEMORATE THE 50TH ANNIVERSARY OF THE ORDINATION OF THE REVEREND MONSIGNOR ROY FRANCIS AIKEN TO THE PRIESTHOOD OF THE ROMAN CATHOLIC CHURCH AND TO THANK HIM FOR HIS CAREER OF DEDICATED, FAITHFUL, AND LOVING SERVICE TO HIS MANY FAMILY MEMBERS, FRIENDS, PARISHIONERS, AND TO ALL THE PEOPLE OF SOUTH CAROLINA.

The Senate Resolution was adopted.

S. 1430 -- Senators Richter, Ryberg, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Rose, Russell, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A SENATE RESOLUTION TO RECOGNIZE AND COMMEMORATE THE 50TH ANNIVERSARY OF THE ORDINATION OF THE REVEREND MONSIGNOR LOUIS FRANCIS STERKER TO THE PRIESTHOOD OF THE ROMAN CATHOLIC CHURCH AND TO THANK HIM FOR HIS CAREER OF DEDICATED, FAITHFUL, AND LOVING SERVICE TO HIS MANY FAMILY MEMBERS, FRIENDS, PARISHIONERS, AND TO ALL THE PEOPLE OF SOUTH CAROLINA.

The Senate Resolution was adopted.

H. 5045 -- Reps. Koon, Rhoad and Stuart: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF U.S. HIGHWAY 301 FROM THE BAMBERG CITY LIMITS TO ELDERBRANCH ROAD IN ORANGEBURG COUNTY AS THE "WILLIAM BLEASE LATTIMORE, SR. MEMORIAL HIGHWAY".

Whereas, William Blease Lattimore, Sr., was born in York County on August 6, 1912, the son of William Carson and Ruth S. Lattimore, and was a resident of Richland County when he died September 29, 1984; and

Whereas, Mr. Lattimore came from a family of highway construction workers and at the age of twelve, he went to work with his father in road construction carrying water for mules; and

Whereas, he dedicated the majority of the next fifty years to building and improving roads and highways in South Carolina; and

Whereas, Mr. Lattimore's career as a superintendent in road construction included being superintendent of two sections of Interstate 20 in Lexington County, two sections of Interstate 26, two sections of Interstate 85, one section of Interstate 95, and numerous main and secondary roads throughout the State; and

Whereas, during his tenure as construction superintendent the name "Lattimore" was synonymous with road construction in South Carolina; and

Whereas, Mr. Lattimore's last road construction job was as superintendent on widening U.S. Highway 301 in Bamberg and Orangeburg counties where one of his two sons, also in road construction, worked with him on this job; and

Whereas, Mr. Lattimore was a hardworking, well respected supervisor, and a man of talent, leadership, and integrity who was committed to doing the best job possible; and

Whereas, it is fitting and proper that the work and service to which Mr. William Blease Lattimore dedicated his life be recognized by naming a portion of U.S. Highway 301 as the "William Blease Lattimore, Sr. Memorial Highway". Now, therefore,

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

That the members of the General Assembly request that the Department of Transportation designate and name the portion of U.S. Highway 301 from the Bamberg City limits to Elderbranch Road in Orangeburg County as the "William Blease Lattimore, Sr. Memorial Highway" and install appropriate markers or signs at placed along the highway as the department considers advisable containing the words "William Blease Lattimore, Sr. Memorial Highway".

Be it further resolved that a copy of this resolution be forwarded to the family of Mr. William Blease Lattimore, Sr., c/o Mr. Shelton Lattimore, P. O. Box 21, Gilbert, South Carolina 29054.

On motion of Senator LAND, with unanimous consent, the Concurrent Resolution was ordered placed on the Calendar for consideration tomorrow.

H. 5067 -- Reps. Govan, Allison, Anderson, Askins, Bailey, Baxley, 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, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, 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, 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 DECLARE JUNE 1, 1996, AS "STAND FOR CHILDREN DAY" IN SOUTH CAROLINA, TO ENCOURAGE THE CITIZENS OF SOUTH CAROLINA TO PARTICIPATE IN NATIONAL AND LOCAL EVENTS COMMEMORATING THIS DAY AND TO MAKE A PERSONAL COMMITMENT IN THEIR LIVES TO IMPROVE THE QUALITY OF LIFE FOR CHILDREN IN SOUTH CAROLINA, AND TO RECOGNIZE AND COMMEND ABBIEGAIL HUGINE OF JACK & JILL OF ORANGEBURG AND STATE COORDINATOR FOR "STAND FOR CHILDREN" FOR SPEARHEADING THIS EFFORT IN SOUTH CAROLINA.

Whereas, on June 1, 1996, Americans from all backgrounds will come together to take a "Stand For Children" at the Lincoln Memorial in Washington, D.C., and renew our community's and nation's commitment to improving the quality of our children's lives; and

Whereas, on "Stand For Children Day" and beyond, families, citizens, members of religious congregations, schools, community-based organizations, businesses, and political and cultural groups will join together as local and national communities to recognize our children's unmet needs and rededicate ourselves to addressing them; and

Whereas, caring for our children must be our families', communities', and nation's first priority; and

Whereas, this commitment must begin at the local level where children and families live and work and have the potential to thrive, and where all citizens, working together, can make a difference in our children's lives; and

Whereas, the Jack & Jill organization of Orangeburg has spearheaded the "Stand For Children" effort in South Carolina; and

Whereas, the citizens of South Carolina are encouraged to participate in this historical event in our nation's capitol and in our local communities; and

Whereas, each and every citizen of South Carolina is encouraged to take specific positive steps to improve the quality of life for children in South Carolina; and

Whereas, Mrs. Abbiegail Hugine of Jack & Jill of Orangeburg is to be commended for her tireless efforts as State Coordinator of "Stand For Children" and her dedication and commitment to improving the lives of children in South Carolina. Now, therefore,

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

That, by this resolution, the General Assembly declares June 1, 1996, as "Stand For Children Day" in South Carolina, encourages the citizens of South Carolina to participate in national and local events commemorating this day and to make a personal commitment in their lives to improve the quality of life for children in South Carolina, and recognizes and commends Abbiegail Hugine of Jack & Jill of Orangeburg and State Coordinator for "Stand For Children" for spearheading this effort in South Carolina.

Be it further resolved that a copy of this resolution be forwarded to Abbiegail Hugine of Jack & Jill of Orangeburg.

Referred to the Committee on Invitations.

H. 5027 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS, RELATING TO CONTINUING PROFESSIONAL COMPETENCY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1912, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

REPORT OF STANDING COMMITTEE

Senator MOORE from the Committee on Medical Affairs polled out H. 3182 favorable:

H. 3182 -- Reps. L. Whipper, Breeland, J. Brown, Davenport, Harvin, Inabinett, Kirsh, Lloyd and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-43-720 SO AS TO PROHIBIT BODY PARTS FROM A DEAD BODY REMOVED DURING AN AUTOPSY TO BE USED FOR ORGAN OR TISSUE DONATION UNLESS CONSENT HAS BEEN OBTAINED; TO AMEND SECTIONS 44-43-330 AND 44-43-950, BOTH AS AMENDED, AND BOTH RELATING TO CONSENT FOR ORGAN AND TISSUE DONATION, SO AS TO REQUIRE THAT COUNSELING AND A WRITTEN STATEMENT REGARDING THE DONATION AND ITS PROPOSED USE BE GIVEN TO THE PERSON CONSENTING; AND TO AMEND SECTION 44-43-960 RELATING TO CIRCUMSTANCES REQUIRING PERMISSION FROM THE MEDICAL EXAMINER OR CORONER FOR ORGAN OR TISSUE RECOVERY, SO AS TO CLARIFY THAT THIS PERMISSION IS IN ADDITION TO THE CONSENT OF THE DECEDENT OR NEXT-OF-KIN.

Poll of the Medical Affairs Committee on H. 3182
Ayes 18; Nays 0; Not Voting 0

AYES

Moore                     J. Verne Smith            Peeler
Bryan                     Courson                   Giese
Thomas                    Washington                Rose
Hayes                     Cork                      Ford
Jackson                   Richter                   Short
Alexander                 Greg Smith                Boan

TOTAL--18

NAYS

TOTAL--0

NOT VOTING

TOTAL--0

Ordered for consideration tomorrow.

Leave of Absence

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

Leave of Absence

At 4:45 P.M., Senator GIESE requested a leave of absence from 5:45 - 7:00 P.M.

NONCONCURRENCE

S. 943 -- Senators Waldrep, Wilson, Rose, Elliott, Courson, Reese, Lander, Setzler, Leatherman, Mescher and Hayes: A JOINT RESOLUTION TO AMEND SECTION 2-1-180 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING.

The House returned the Resolution with amendments.

Senator McCONNELL explained the amendments.

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

DEBATE INTERRUPTED

The Senate resumed consideration of the Bill. The question being the second reading of the Bill.

Senator HAYES argued contra to the second reading of the Bill.

Motion to Ratify Adopted

At 3:20 P.M., Senator HOLLAND asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 4:15 P.M.

There was no objection and a message was sent to the House accordingly.

Leave of Absence

At 3:30 P.M., Senator GREGORY requested a leave of absence for the balance of the day.

Senator HAYES argued contra to the second reading of the Bill.

RECESS

With Senator HAYES retaining the floor, at 4:06 P.M., on motion of Senator MOORE, the Senate receded from business not to exceed five minutes.

At 4:15 P.M., the Senate resumed.

Debate was interrupted by the Ratification of Acts.

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on May 23, 1996, at 4:15 P.M. and the following Acts and Joint Resolutions were ratified:

(R402) S. 90 -- Senators Wilson, Rose, Giese and Elliott: AN ACT TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMES OF ARMED ROBBERY AND ATTEMPTED ARMED ROBBERY, SO AS TO EXTEND THE OFFENSE TO CASES IN WHICH A PERSON ALLEGES HE IS ARMED WHILE USING A REPRESENTATION OF A DEADLY WEAPON OR AN OBJECT WHICH A PERSON MAY REASONABLY BELIEVE TO BE A DEADLY WEAPON; TO AMEND SECTION 23-11-110, AS AMENDED, RELATING TO QUALIFICATIONS FOR SHERIFFS, SO AS TO REVISE THE PERIOD WHEN A SHERIFF MUST FILE HIS FINGERPRINTS WITH THE STATE LAW ENFORCEMENT DIVISION, AND THE PERIOD WHEN A CANDIDATE FOR THE OFFICE OF SHERIFF SHALL FILE A SWORN AFFIDAVIT WITH THE COUNTY EXECUTIVE COMMITTEE OF ITS POLITICAL PARTY; AND TO PROVIDE A TRANSITIONAL PERIOD FOR THE IMPLEMENTATION OF THE REVISED PERIOD FOR A SHERIFF TO FILE HIS FINGERPRINTS WITH THE STATE LAW ENFORCEMENT DIVISION.

(R403) S. 571 -- Senator Peeler: AN ACT TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF PROPERTY AND ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAX, SO AS TO DELETE AN OBSOLETE PROVISION RELATING TO BUSINESS INVENTORIES; AND TO REPEAL SECTIONS 12-21-400, 12-21-410, 12-21-420, 12-21-430, 12-21-640, 12-21-740, 12-21-2719, 12-21-3120, 12-21-3130, 12-37-20, 12-37-50, 12-37-80, 12-37-221, 12-37-225, 12-37-300, 12-37-310, 12-37-320, 12-37-330, 12-37-340, 12-37-350, 12-37-360, 12-37-370, 12-37-380, 12-37-390, 12-37-400, 12-37-410, 12-37-420, 12-37-430, 12-37-440, 12-37-860, 12-37-870, 12-37-910, 12-37-960, 12-37-1150, 12-37-1320, 12-37-1330, 12-37-1410, 12-37-1420, 12-37-1430, 12-37-1620, 12-37-1700, 12-37-1710, 12-37-1720, 12-37-1730, 12-37-1740, 12-37-1910, 12-37-2030, 12-37-2040, 12-37-2050, 12-37-2060, 12-37-2210, 12-37-2220, 12-37-2230, 12-37-2240, 12-37-2250, 12-37-2260, 12-37-2727, 12-39-100, 12-43-10, 12-43-20, 12-43-30, 12-43-40, 12-43-50, 12-43-60, 12-43-220(b), 12-43-235, 12-43-270, 12-49-230, AND CHAPTER 41, TITLE 12 OF THE 1976 CODE, RELATING TO OBSOLETE PROVISIONS OF BUSINESS LICENSE TAX AND PROPERTY TAX LAW.

(R404) S. 739 -- Senators Bryan and Giese: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-212 SO AS TO DEFINE FEDERAL LAW ENFORCEMENT OFFICER, TO PERMIT A FEDERAL LAW ENFORCEMENT OFFICER TO ENFORCE THE STATE'S CRIMINAL LAWS UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT A FEDERAL LAW ENFORCEMENT OFFICER HAS THE SAME POWERS AS A SOUTH CAROLINA LAW ENFORCEMENT OFFICER, IS NOT AN OFFICER, EMPLOYEE, OR AGENT OF A STATE OR LOCAL LAW ENFORCEMENT AGENCY, MAY NOT CONDUCT AN INDEPENDENT INVESTIGATION INTO A VIOLATION OF STATE LAW, AND IS SUBJECT TO THE FEDERAL TORT CLAIMS ACT.

(R405) S. 776 -- Senators Lander, Giese and Matthews: AN ACT TO AMEND SECTION 15-27-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTERPRETERS FOR THE DEAF IN LEGAL PROCEEDINGS, SO AS TO DEFINE "QUALIFIED INTERPRETER" AND "DEAF PERSON", TO FURTHER DEFINE LEGAL PROCEEDINGS, TO INCLUDE DEAF PERSONS WHO ARE WITNESSES, TO FURTHER PROVIDE FOR THE SELECTION OF INTERPRETERS, AND TO REQUIRE INTERPRETATION UNDERSTANDABLE TO THE DEAF PERSON WHEN CONFINEMENT TO AN INSTITUTION IS AN ISSUE.

(R406) S. 926 -- Senators Patterson, Giese, Gregory and Mescher: AN ACT TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO CONFIDENTIALITY OF RECORDS, NAMES, PICTURES, AND FINGERPRINTS OF JUVENILES CHARGED WITH COMMITTING A CRIME, SO AS TO PROVIDE THAT THE NAME, IDENTITY, OR PICTURE OF A CHILD MAY BE MADE PUBLIC BY A NEWSPAPER OR RADIO OR TELEVISION STATION IF THE CHILD IS CONVICTED OF OR ADJUDICATED DELINQUENT FOR A VIOLENT CRIME, GRAND LARCENY OF A MOTOR VEHICLE, A CRIME IN WHICH A WEAPON WAS USED, OR DISTRIBUTION OR TRAFFICKING IN UNLAWFUL DRUGS.

(R407) S. 1064 -- Senator McConnell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-460 SO AS TO AUTHORIZE THE USE OF PAPER BALLOTS IN ELECTIONS CONDUCTED TO FILL VACANCIES.

(R408) S. 1071 -- Senators Leventis, Fair, Thomas, Martin and Hayes: AN ACT TO AMEND SECTION 59-29-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED COURSES IN PHYSICAL EDUCATION IN THE PUBLIC SCHOOLS OF THE STATE, SO AS TO ESTABLISH A PROCEDURE WHEREBY CERTAIN STUDENTS MAY BE EXEMPTED FROM THOSE REQUIREMENTS BY THE LOCAL SCHOOL BOARD OF TRUSTEES.

(R409) S. 1073 -- Senator McGill: AN ACT TO AMEND SECTION 16-13-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THEFT OF ELECTRIC CURRENT, SO AS TO INCREASE THE PENALTY FOR A FIRST OFFENSE AND ADD A PENALTY FOR A SECOND OR SUBSEQUENT OFFENSE.

(R410) S. 1164 -- Judiciary Committee: AN ACT TO AMEND PART I, ARTICLE 2, CHAPTER 2, TITLE 62, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTESTATE SUCCESSION, BY ADDING SECTION 62-2-114, SO AS TO PERMIT THE PROBATE COURT UNDER CERTAIN CONDITIONS TO DENY OR LIMIT EITHER OR BOTH PARENT'S SHARE OF THE PROCEEDS OF THE ESTATE OF AN INTESTATE DECEDENT IF THE COURT DETERMINES BY A PREPONDERANCE OF THE EVIDENCE THAT THE PARENT OR PARENTS FAILED TO REASONABLY SUPPORT THE DECEDENT AND DID NOT PROVIDE FOR THE NEEDS OF THE DECEDENT DURING HIS OR HER MINORITY; TO AMEND SECTION 42-9-140, RELATING TO WORKERS' COMPENSATION PAYMENTS WHEN A DECEASED EMPLOYEE LEAVES NO DEPENDENTS, SO AS TO PROVIDE THAT THE COMMISSION MAY DENY OR LIMIT PAYMENTS TO EITHER OR BOTH PARENTS UNDER THE SAME CIRCUMSTANCES REFERRED TO ABOVE; AND TO AMEND SECTION 15-51-40, AS AMENDED, RELATING TO DAMAGES IN WRONGFUL DEATH ACTIONS, SO AS TO PERMIT THE PROBATE COURT TO DENY OR LIMIT EITHER OR BOTH PARENT'S ENTITLEMENT TO A SHARE OF THE PROCEEDS UNDER THE SAME CIRCUMSTANCES REFERRED TO ABOVE.

(R411) S. 1176 -- Senator Hayes: AN ACT 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.

(R412) S. 1197 -- Senators Drummond and Land: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-845 SO AS TO REQUIRE NONRESIDENTS OWNING OR OPERATING SHAD NETS IN THE SAVANNAH RIVER TO BE LICENSED AND TO PROVIDE PENALTIES; TO AMEND CHAPTER 9, TITLE 50, AS AMENDED, RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES, SO AS TO REVISE CURRENT LAW TO PROVIDE FOR A UNIFORM SYSTEM OF LICENSING FOR FRESHWATER FISHERIES AND WILDLIFE, TO PROVIDE FOR HUNTER EDUCATION PROGRAMS, AND TO PROVIDE FOR THE DISBURSAL OF REVENUE FROM LICENSES AND PERMITS; TO AMEND SECTION 50-11-2200, AS AMENDED, RELATING TO THE PROHIBITION ON HUNTING DEER ON WILDLIFE MANAGEMENT AREA LANDS, SO AS TO PROVIDE FOR A WILDLIFE MANAGEMENT AREA PROGRAM; TO AMEND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM MARINE RECREATIONAL FISHING STAMP REQUIREMENTS, SO AS TO REVISE THE EXEMPTIONS; AND TO REPEAL SECTION 50-1-150 RELATING TO THE DISPOSITION OF HUNTING AND FISHING FINES, FORFEITURES, AND FEES, SECTION 50-1-170 RELATING TO THE DISPOSITION OF FINES COLLECTED IN BEAUFORT COUNTY FOR VIOLATIONS OF FISH AND GAME LAWS, SECTION 50-1-230 RELATING TO THE USE OF FUNDS COLLECTED IN THE SANTEE COOPER AREA, SECTION 50-11-2240 RELATING TO HUNTING DEER IN GAME MANAGEMENT AREAS IN GAME ZONE FIVE, AND SECTION 50-13-1140 RELATING TO THE AUTHORIZATION TO FISH FOR NONGAME FISH UNDER CERTAIN CIRCUMSTANCES.

(R413) S. 1198 -- Senator Alexander: AN ACT TO AMEND SECTION 4-9-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, POWERS, AND DUTIES OF COUNTY CODE ENFORCEMENT OFFICERS, SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY TO LIMIT THE SCOPE OF THEIR AUTHORITY.

(R414) S. 1306 -- Senator Giese: AN ACT TO AMEND SECTION 50-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ARREST OF AND BAIL FOR PERSONS APPREHENDED BY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE FOR AN OFFICIAL SUMMONS TO BE USED BY THE OFFICERS FOR CERTAIN OFFENSES AND REVISE THE PROVISIONS FOR ARREST AND BAIL.

(R415) S. 1315 -- Senators Drummond, Matthews, Waldrep, Washington, Setzler, Cork, Moore, Ryberg, O'Dell and Alexander: AN ACT 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.

(R416) S. 1327 -- Senators Holland, McGill and Giese: AN ACT TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT THE GOVERNOR SHALL NOT REAPPOINT A CURRENT MAGISTRATE WHO FAILED TO MEET THE TRAINING OR CERTIFICATION REQUIREMENTS TO A NEW TERM OR TO FILL A VACANCY IN AN EXISTING TERM.

(R417) S. 1358 -- Senator Thomas: AN ACT TO AMEND SECTION 27-18-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO CHANGE THE ADMINISTRATOR OF THE ACT FROM THE DEPARTMENT OF REVENUE AND TAXATION TO THE STATE TREASURER.

(R418) H. 3055 -- Reps. Kirsh, Simrill, Allison, Baxley, Lloyd and S. Whipper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-120 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF A SCHOOL DISTRICT TO GRANT CREDIT AS AN ELECTIVE FOR A COURSE IN AMERICAN SIGN LANGUAGE; AND TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH CERTAIN GUIDELINES IN REGARD TO THIS COURSE, AND SHALL ALSO ESTABLISH A TASK FORCE FOR THIS PURPOSE.

(R419) H. 3300 -- Reps. Limehouse, Fleming, Allison, G. Brown, J. Brown, Cain, Chamblee, Cotty, Davenport, Delleney, Easterday, Fair, Felder, Fulmer, Hallman, Harrell, Harrison, Haskins, Herdklotz, Hodges, Huff, Hutson, Kinon, Knotts, Koon, Lanford, Limbaugh, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McCraw, McElveen, McKay, McTeer, Phillips, Rice, Robinson, Sandifer, Sharpe, Shissias, D. Smith, Stoddard, Tripp, Trotter, Vaughn, Wells, Whatley, Wilder, Wright, A. Young, Cobb-Hunter, Baxley, Kelley, Keyserling, Govan, Inabinett, H. Brown, Witherspoon, Simrill, Keegan, Townsend, Kennedy, Jaskwhich, Stuart, L. Whipper, Stille, Byrd, Meacham, Law, Riser, Dantzler, Richardson, J. Young, Seithel and Bailey: AN ACT TO AMEND ARTICLE 7, CHAPTER 3, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO REVISE THE STATE LAW ENFORCEMENT DIVISION'S REGULATORY AUTHORITY, TO REVISE THE CONDITIONS UPON WHICH A PERSON MUST REGISTER, THE DEFINITION OF AN OFFENDER, A SHERIFF'S DUTY REGARDING REGISTERING AN OFFENDER, TO SUBSTITUTE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES FOR STATE DEPARTMENT OF PROBATION AND PAROLE SERVICES, TO SUBSTITUTE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF MOTOR VEHICLES FOR DEPARTMENT OF MOTOR VEHICLES, TO REVISE THE PENALTIES FOR FAILURE TO REGISTER, TO PROVIDE PENALTIES FOR A PERSON WHO GIVES FALSE INFORMATION WHEN REGISTERING AS AN OFFENDER, TO PROVIDE THAT CERTAIN PERSONS CONVICTED AND RELEASED PRIOR TO JULY 1, 1994, ARE NOT REQUIRED TO REGISTER, AND TO PROVIDE THE CONDITIONS UPON WHICH INFORMATION CONTAINED IN THE SEX OFFENDER REGISTRY MUST BE RELEASED TO THE PUBLIC; TO AMEND SECTION 16-3-655, RELATING TO CRIMINAL SEXUAL CONDUCT WITH MINORS, SO AS TO REVISE THE AGE OF THE PERPETRATOR AND TO ESTABLISH THE OFFENSE OF SEXUAL MISCONDUCT WITH A MINOR.

(R420) H. 3373 -- Reps. Seithel, Trotter, Wilder, Clyburn, Tripp, G. Brown, Hallman, Townsend, Bailey, Rice, Littlejohn, Herdklotz, Meacham, Jaskwhich, Elliott, Allison, Vaughn, Fulmer, McCraw, Whatley, Limehouse, Simrill, Shissias, Easterday, Breeland, L. Whipper, Harrell, Phillips, Haskins, Cato, A. Young, Stoddard, S. Whipper, Neilson, Sandifer, Davenport, Hines, Moody-Lawrence, Dantzler, Fleming, Lloyd, J. Brown, Limbaugh, Cain, Hodges, Boan, McKay, Walker, Beatty, Rhoad, Hutson, Spearman, Thomas, Cave, J. Young, T. Brown, Stille, Martin and Klauber: AN ACT TO AMEND SECTION 47-1-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINES PERTAINING TO CRUELTY TO ANIMALS, SO AS TO REVISE THE METHOD OF DISTRIBUTING FINES COLLECTED PURSUANT TO CRUELTY TO ANIMALS VIOLATIONS.

(R421) H. 3710 -- Reps. Keyserling, Richardson, Seithel, L. Whipper, Whatley and Jaskwhich: AN ACT TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ALLOWED MANUFACTURING MACHINERY TO MACHINERY USED FOR RECYCLING OVER TWO FISCAL YEARS BEGINNING JULY 1, 1997, AND TO DEFINE "RECYCLING".

(R422) H. 4409 -- Reps. Cotty, Harrison, Sheheen, Huff, Fleming, Hodges, Jennings and Limbaugh: AN ACT TO AMEND SECTION 62-2-804, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROBATE CODE, INTESTATE SUCCESSION AND WILLS, AND THE EFFECT OF A PROVISION FOR SURVIVORSHIP ON SUCCESSION TO JOINT TENANCY, SO AS TO PROVIDE FURTHER FOR THE TYPE OF INSTRUMENT WHICH PRECLUDES THE SEVERANCE OF A JOINT TENANCY UPON THE DEATH OF A JOINT TENANT.

(R423) H. 4425 -- Ways and Means Committee: A JOINT RESOLUTION APPROPRIATING TEN MILLION DOLLARS OF FISCAL YEAR 1994-95 SURPLUS REVENUES FOR THE STATE HOUSE RENOVATION PROJECT AND TO AUTHORIZE UNEXPENDED FUNDS TO BE CARRIED FORWARD AND USED FOR THE SAME PURPOSES.

(R424) H. 4542 -- Reps. Klauber, Herdklotz, Simrill, McCraw, Richardson, Shissias, J. Young and Jaskwhich: AN ACT TO AMEND SECTION 12-56-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO INCLUDE MUNICIPAL, COUNTY, AND REGIONAL HOUSING AUTHORITIES WITHIN THE DEFINITION OF "CLAIMANT AGENCY".

(R425) 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: AN ACT TO AMEND SECTION 58-27-865, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRIC UTILITIES, RATES AND CHARGES, ESTIMATES OF FUEL COSTS, REPORTS, AND ADJUSTMENT OF DIFFERENCE BETWEEN ACTUAL AND ESTIMATED COSTS, SO AS TO, AMONG OTHER THINGS, DEFINE "FUEL COST" FOR PURPOSES OF THIS SECTION, DELETE CERTAIN LANGUAGE, AND PROVIDE THAT THERE SHALL EXIST A REBUTTABLE PRESUMPTION 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-TWO AND ONE-HALF PERCENT OR HIGHER DURING THE PERIOD UNDER REVIEW.

(R426) 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: AN ACT 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 DELETE REFERENCES TO OUT-OF-STATE PROPERTY, DELETE THE REQUIREMENT OF A HEARING, MAKE THE PROVISIONS OF THIS SECTION APPLICABLE TO "UTILITY PROPERTY", CHANGE FROM "INITIAL PURCHASE VALUE" TO "FAIR MARKET VALUE", AND PROVIDE, AMONG OTHER THINGS, FOR THE DEFINITION OF "UTILITY PROPERTY" FOR PURPOSES OF THIS SECTION.

(R427) H. 4568 -- Reps. Hutson, Mason, Bailey, Cain, S. Whipper, Knotts, Lloyd, Meacham, Fulmer, Whatley, Harrison, Rhoad, Lee, Wofford, Sharpe, Cotty, Quinn, Littlejohn, J. Harris, Riser, Davenport, Simrill, Felder, Wells and Spearman: AN ACT TO AMEND SECTION 44-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT, PURPOSE, AND ADMISSIONS TO SOUTH CAROLINA VETERANS HOMES, SO AS TO PROVIDE THAT THE SOUTH CAROLINA MENTAL HEALTH COMMISSION SHALL CONSULT WITH THE DIVISION OF VETERANS AFFAIRS, OFFICE OF THE GOVERNOR, CONCERNING THE POLICIES, MANAGEMENT, AND OPERATION OF VETERANS HOMES.

(R428) H. 4585 -- Rep. Klauber: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-275 SO AS TO PROVIDE THAT NO INSURANCE POLICY WHICH PROVIDES COVERAGE FOR DRUGS SHALL EXCLUDE COVERAGE OF ANY SUCH DRUG USED FOR THE TREATMENT OF CANCER ON THE GROUNDS THAT THE DRUG HAS NOT BEEN APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR THE TREATMENT OF THE SPECIFIC TYPE OF CANCER FOR WHICH THE DRUG HAS BEEN PRESCRIBED, AND TO PROVIDE FOR RELATED MATTERS.

(R429) H. 4649 -- Reps. Shissias, Neal, Howard, Jennings, Hutson, J. Harris, Walker, Limehouse, White, Wright, Stille, Keyserling, Koon, McElveen, Davenport, Waldrop, McMahand, Gamble, Worley, Thomas, Richardson and Riser: AN ACT TO AMEND TITLE 44, CHAPTER 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCER, TO ENACT THE CENTRAL CANCER REGISTRY ACT, SO AS TO CREATE THE SOUTH CAROLINA CENTRAL CANCER REGISTRY AND TO PROVIDE FOR ITS PURPOSE, REPORTING REQUIREMENTS, AND CONFIDENTIALITY; TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE AID TO ANY CANCER PATIENT RATHER THAN TO INDIGENT PATIENTS; AND TO ESTABLISH THE CANCER CONTROL ADVISORY COMMITTEE AND PROVIDE FOR ITS POWERS AND DUTIES.

(R430) H. 4681 -- Rep. Koon: AN ACT TO AMEND SECTION 33-37-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS AND THE PROVISION THAT SUCH CORPORATIONS AND ITS SECURITIES ARE EXEMPT FROM TAXATION, SO AS TO PROVIDE THAT THE CORPORATION IS NOT SUBJECT TO ANY CORPORATION LICENSE TAX OR FEE IMPOSED BY CHAPTER 20 OF TITLE 12; TO AMEND SECTION 33-37-250, AS AMENDED, RELATING TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS AND THEIR POWERS, SO AS TO PERMIT THE BORROWING OF MONEY FROM "SUCH OTHER LENDING SOURCES WHICH ARE APPROVED BY THE BOARD OF DIRECTORS OF THE CORPORATION"; AND TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LOANS TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS BY MEMBERS, SO AS TO DELETE THE PROVISION THAT SUCH LOANS MUST BEAR INTEREST AT A CERTAIN RATE.

(R431) H. 4694 -- Reps. Harrison, Wofford, Stuart, Hodges, Neal, Cave, Govan, Baxley, Knotts, Meacham, Bailey, Delleney, Shissias, Klauber, Simrill, Thomas, Clyburn, Wright, Fulmer, Jennings, Martin, J. Harris, Kinon, J. Young, Boan, Limbaugh, McCraw, Young-Brickell, T. Brown, Scott, Tucker, White, D. Smith and Phillips: AN ACT TO AMEND SECTION 58-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TELEPHONE COMPANIES AND DEFINITIONS, SO AS TO ADD PROVISIONS DEFINING "BASIC LOCAL EXCHANGE TELEPHONE SERVICE", "CARRIER OF LAST RESORT", "INCUMBENT LOCAL EXCHANGE" OR "INCUMBENT LEC", "LOCAL EXCHANGE CARRIER" OR "LEC", "NEW ENTRANT LOCAL EXCHANGE CARRIER" OR "NEW ENTRANT LEC", "SMALL LOCAL EXCHANGE CARRIER" OR "SMALL LEC", "TELECOMMUNICATIONS SERVICES", AND "UNIVERSAL SERVICE"; TO AMEND SECTION 58-9-280, RELATING TO TELEPHONE COMPANIES AND THE REQUIREMENT THAT A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY MUST BE OBTAINED BEFORE CONSTRUCTION, OPERATION, OR EXTENSION OF A PLANT OR SYSTEM, SO AS TO ADD PROVISIONS WHICH PROVIDE, AMONG OTHER THINGS, THAT, AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, THE PUBLIC SERVICE COMMISSION MAY GRANT A CERTIFICATE TO OPERATE AS A TELEPHONE UTILITY TO APPLICANTS PROPOSING TO FURNISH LOCAL TELEPHONE SERVICE IN THE SERVICE TERRITORY OF AN "INCUMBENT LEC", SUBJECT TO THE CONDITIONS AND EXEMPTIONS STATED IN THIS SECTION AND IN APPLICABLE FEDERAL LAW, THAT A LEC SHALL NEGOTIATE THE RATES, TERMS, AND CONDITIONS FOR LOCAL INTERCONNECTION, THAT NOTHING IN CHAPTER 9 OF TITLE 58 SHALL BE INTERPRETED TO LIMIT OR RESTRICT ANY RIGHT THAT ANY LOCAL EXCHANGE CARRIER MAY HAVE UNDER FEDERAL LAW, AND THAT ANY LOCAL EXCHANGE CARRIER, UPON A SHOWING OF CHANGED CIRCUMSTANCES OR THAT IT IS NECESSARY OR APPROPRIATE TO REALIGN RATES WITH THE COSTS OF VARIOUS TELECOMMUNICATIONS COMPONENTS, MAY PETITION THE COMMISSION TO RE-EXAMINE ANY RATES THAT HAVE BEEN CAPPED PURSUANT TO THE PROVISIONS OF CHAPTER 9 OF TITLE 58 AND TO SET NEW PRICE CAPS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 58-9-576, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ANY LEC MAY ELECT TO HAVE RATES, TERMS, AND CONDITIONS DETERMINED PURSUANT TO THE PLAN DESCRIBED IN SECTION 58-9-576(B), AS LONG AS THE COMMISSION HAS APPROVED A LOCAL INTERCONNECTION AGREEMENT IN WHICH THE LEC IS A PARTICIPANT WITH AN ENTITY DETERMINED BY THE COMMISSION NOT TO BE AFFILIATED WITH THE LEC OR THE COMMISSION DETERMINES THAT ANOTHER PROVIDER'S SERVICE COMPETES WITH THE LEC'S BASIC LOCAL EXCHANGE TELEPHONE SERVICE; AND SECTION 58-9-577, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT, NOTWITHSTANDING SECTIONS 58-9-575 AND 58-9-576, ANY SMALL LEC MAY ELECT TO HAVE THE RATES, TERMS, AND CONDITIONS OF ITS SERVICES DETERMINED PURSUANT TO ALTERNATIVE FORMS OF REGULATION, WHICH MAY DIFFER AMONG COMPANIES AND MAY INCLUDE, BUT NOT BE LIMITED TO, PRICE REGULATION RATHER THAN RATE OF RETURN OR OTHER FORMS OF EARNING REGULATION.

(R432) H. 4737 -- Reps. Chamblee, Lanford, Kirsh, Harrison, Wofford and Trotter: AN ACT 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 (SCETV) FOR SCHOOLS TO THE SCHOOL DISTRICTS; TO ADD SECTION 59-7-80 SO AS TO REQUIRE THE SCETV COMMISSION TO DEVELOP CERTAIN REVENUE, INVESTMENT, AND MARKETING PLANS; 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 UNTIL JULY 1, 2003.

(R433) H. 4795 -- Rep. Gamble: AN ACT 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 CREDITOR MUST ASCERTAIN PRIOR TO THE BORROWER'S CLOSING ATTORNEY PREFERENCE AND INSURANCE AGENT PREFERENCE, TO PROVIDE FOR THE MANNER IN WHICH CREDITORS MAY COMPLY WITH THIS PREFERENCE REQUIREMENT, AND TO PERMIT THE CREDITOR TO REQUIRE THE ATTORNEY AND INSURANCE AGENT SO CHOSEN TO COMPLY WITH REASONABLE CLOSING PROCEDURES.

(R434) H. 4850 -- Reps. Loftis and Anderson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 12, 1996, MISSED BY THE STUDENTS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY WHEN THE DISTRICT'S SCHOOLS WERE CLOSED DUE TO SNOW AND ICE CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(R435) H. 4865 -- Reps. Law, Cato, Bailey, Wofford, H. Brown, Dantzler, Young-Brickell and Williams: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-1095 SO AS TO PROVIDE THAT A PRIVATE INSURER LICENSED TO UNDERWRITE "ESSENTIAL PROPERTY INSURANCE" MAY FILE AND USE CERTAIN RATES FOR THE COVERAGES DETAILED IN SECTION 38-75-310(1) AND THE PROCESS FOR FILING AND HAVING THE RATES APPROVED; BY ADDING SECTION 38-75-386 SO AS TO PROVIDE THAT LIABILITY OR A CAUSE OF ACTION MAY NOT ARISE AGAINST CERTAIN PERSONS FOR CERTAIN STATEMENTS MADE TO OR INFORMATION PROVIDED TO AN INSURER TO FACILITATE THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE OR TO FACILITATE COMPETITION FOR THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE; TO AMEND SECTION 38-75-310, AS AMENDED, RELATING TO PROPERTY, CASUALTY, AND TITLE INSURANCE DEFINITIONS, SO AS TO DEFINE "SEACOAST AREA"; AND TO AMEND SECTIONS 38-73-910 AND 38-73-920, BOTH AS AMENDED, RELATING TO THE NOTICE OF HEARING THAT MUST BE PROVIDED BEFORE GRANTING CERTAIN INSURANCE PREMIUM RATE INCREASES, SO AS TO PROVIDE THAT PRIVATE INSURERS LICENSED TO UNDERWRITE ESSENTIAL PROPERTY INSURANCE MAY FILE AND USE CERTAIN RATES WITHIN THE COASTAL AREA OF THE STATE.

(R436) H. 4910 -- Reps. Sandifer, Cain and Chamblee: AN ACT TO AMEND SECTION 7-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS AND VOTING PLACES IN OCONEE COUNTY, SO AS TO COMBINE THE TOKEENA AND PROVIDENCE PRECINCTS INTO ONE PRECINCT AND PROVIDE FOR ITS VOTING PLACE.

(R437) H. 4976 -- Reps. Rhoad and Cave: AN ACT TO AMEND SECTION 16-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARSON, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION THAT APPLY TO BUILDINGS ALSO APPLY TO BUILDINGS OF WORSHIP, AND TO AMEND SECTION 16-11-535, RELATING TO MALICIOUS INJURY TO A PLACE OF WORSHIP, SO AS TO REVISE THE PENALTY.

(R438) H. 4979 -- Reps. Carnell, McAbee, Boan, Hallman and Keegan: AN ACT 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.

CARRIED OVER

The Senate resumed consideration of the Bill. The question being the second reading of the Bill.

Senator HAYES continued arguing contra to the second reading of the Bill.

Point of Order

Senator McCONNELL raised a Point of Order that the Senator's remarks were being tedious and superfluous.

Senators LEVENTIS and McCONNELL spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator HAYES argued contra to the second reading of the Bill.

ACTING PRESIDENT PRESIDES

At 4:42 P.M., Senator MARTIN assumed the Chair.

Senator HAYES argued contra to the second reading of the Bill.

Leave of Absence

At 5:00 P.M., Senator COURSON requested a leave of absence beginning at 6:00 P.M. for the balance of the day.

Leave of Absence

At 5:00 P.M., Senator McGILL requested a leave of absence from 5:30 - 11:30 P.M.

Point of Quorum

At 5:16 P.M., Senator BRYAN made the point that a quorum was not present. It was ascertained that a quorum was present.

Senator HAYES argued contra to the second reading of the Bill.

MOTION UNDER RULE 15A FAILED

At 5:21 P.M., Senator McCONNELL moved under Rule 15A to set a time certain of 5:30 P.M. on Thursday, May 23, 1996, to vote on the entire matter of S. 1142.

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

Ayes 6; Nays 30

AYES

Holland                   McConnell                 Mescher*
Moore                     Passailaigue              Rose*

TOTAL--6

NAYS

Alexander                 Boan                      Bryan
Courson                   Fair                      Giese
Glover                    Hayes                     Hutto
Jackson                   Land                      Lander
Leventis                  Martin                    Matthews
McGill                    O'Dell                    Patterson
Peeler                    Rankin                    Reese
Richter                   Russell                   Ryberg
Setzler                   Smith, G.                 Smith, J.V.
Thomas                    Washington                Wilson

TOTAL--30

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

Senator HAYES argued contra to the second reading of the Bill.

Point of Order

Senator McCONNELL raised a Point of Order that the Senator's remarks were tedious and superfluous.

Senators WILSON, McCONNELL, HAYES and MOORE spoke on the Point of Order.

The ACTING PRESIDENT overruled the Point of Order.

Senator HAYES argued contra to the second reading of the Bill.

Senator HAYES moved that when the Senate adjourns today, the Senate stand adjourned to meet on Friday, May 24, 1996, at 11:00 A.M., under the provisions of Rule 1 for local and uncontested matters which have previously received unanimous consent to be taken up, and that when the Senate adjourns on Friday, it stand adjourned to meet on Tuesday, May 28, 1996, at 12:00 Noon, in statewide session.

A roll call vote was ordered.

Senator HAYES moved to withdraw the motion.

Point of Order

Senator McCONNELL raised a Point of Order that once a motion has been made, unanimous consent is required in order to withdraw the motion.

Point of Order

Senator McCONNELL raised a Point of Order that only one motion can be made at one time.

Parliamentary Inquiry

Senator MATTHEWS made a Parliamentary Inquiry as to whether or not Senator HAYES would relinquish the floor when making either the motion to adjourn or the motion to stand adjourned to meet under the provisions of Rule 1.

The ACTING PRESIDENT stated that once the speaker makes a motion, the speaker relinquishes the floor.

The ACTING PRESIDENT sustained the Point of Order raised by Senator McCONNELL that only one motion could be before the body at one time and asked the Senator to restate which motion he wished to make.

Senator HAYES restated the motion that when the Senate adjourns today, the Senate stand adjourned to meet on Friday, May 24, 1996, at 11:00 A.M., under the provisions of Rule 1 for local and uncontested matters which have previously received unanimous consent to be taken up, and that when the Senate adjourns on Friday, it stand adjourned to meet on Tuesday, May 28, 1996, at 12:00 Noon, in statewide session.

There was no objection and the motion was adopted.

Senator McCONNELL spoke on the Bill.

Objection

With Senator McCONNELL retaining the floor, Senator THOMAS asked unanimous consent to make a motion that the Bill be given a second reading with notice of general amendments, carrying over all amendments to third reading.

Senators LAND and HAYES objected.

Senator McCONNELL spoke on the Bill.

Senator McCONNELL moved to continue the Bill.

Senator HAYES moved that the Senate stand adjourned.

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

Ayes 6; Nays 29

AYES

Fair                      Hayes                     Richter
Ryberg                    Thomas                    Wilson

TOTAL--6

NAYS

Alexander                 Boan                      Bryan
Courtney                  Drummond                  Ford
Glover                    Holland                   Hutto
Jackson                   Land                      Leventis
Martin                    Matthews                  McConnell
Mescher*                  Moore                     O'Dell
Passailaigue              Patterson                 Peeler
Rankin                    Reese                     Rose*
Russell                   Setzler                   Smith, G.
Smith, J.V.               Washington

TOTAL--29

*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.

The Senate refused to adjourn.

The question then was the motion to continue the Bill.

Senator RYBERG moved to table the motion to continue.

Point of Order

Senator McCONNELL raised a Point of Order that the motion to table was out of order inasmuch as the motion to continue was a higher motion than the motion to table.

The ACTING PRESIDENT sustained the Point of Order.

The question then was the motion to continue the Bill.

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

Ayes 16; Nays 17

AYES

Bryan                     Courtney                  Drummond
Ford                      Glover                    Holland
Hutto                     Jackson                   Land
Matthews                  McConnell                 Moore
O'Dell                    Passailaigue              Patterson
Washington

TOTAL--16

NAYS

Alexander                 Boan                      Fair
Hayes                     Leventis                  Martin
Peeler                    Rankin                    Reese
Richter                   Russell                   Ryberg
Setzler                   Smith, G.                 Smith, J.V.
Thomas                    Wilson

TOTAL--17

The Senate refused to continue the Bill.

Recorded Vote

Senators ROSE and MESCHER asked unanimous consent that the Journal reflect that had they been present when the vote was taken on the motion to continue, they would have voted in favor of the motion to continue.

Statement by Senator McCONNELL

As the principal author of the Insurance Reform Bill, the only responsible thing to do was to continue the Bill and try to perfect it. It cannot pass this year and a vote to continue is a vote to clear the Calendar so other Bills can be considered and passed in the final weeks. A failure of this motion means the slot is encumbered and delay tactics can be used on this Bill to prevent the Senate from considering other legislation behind it.

Statement by Senator ROSE

I wish the Journal to reflect that I concur in the foregoing Statement by Senator McCONNELL.

Senator MOORE moved to carry over the Bill.

Senator HAYES moved to table the motion to carry over.

A roll call vote was requested.

Point of Order

Senator MOORE raised a Point of Order that the motion to table was out of order inasmuch as a roll call vote had been ordered.

Senator RICHTER spoke on the Point of Order and stated that the roll call had been requested but not ordered.

Senator THOMAS spoke on the Point of Order.

The ACTING PRESIDENT overruled the Point of Order.

Parliamentary Inquiry

Senator HAYES made a Parliamentary Inquiry as to whether or not the motion to table the motion to carry over the Bill was a debatable motion.

The ACTING PRESIDENT stated that the motion was not debatable.

The question then was the motion to table the motion to carry over.

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

Ayes 14; Nays 20

AYES

Alexander                 Fair                      Hayes
Leventis                  Matthews                  Peeler
Reese                     Richter                   Russell
Ryberg                    Setzler                   Smith, J.V.
Thomas                    Wilson

TOTAL--14

NAYS

Boan                      Bryan                     Courtney
Ford                      Glover                    Holland
Hutto                     Jackson                   Land
Martin                    McConnell                 Mescher*
Moore                     O'Dell                    Passailaigue
Patterson                 Rankin                    Rose*
Smith, G.                 Washington

TOTAL--20

*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.

The motion to table failed.

The question then was the motion to carry over the Bill.

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

Ayes 20; Nays 14

AYES

Boan                      Bryan                     Courtney
Ford                      Glover                    Holland
Hutto                     Jackson                   Land
Matthews                  McConnell                 Mescher*
Moore                     O'Dell                    Passailaigue
Patterson                 Rankin                    Reese
Rose*                     Washington

TOTAL--20

NAYS

Alexander                 Fair                      Hayes
Leventis                  Martin                    Peeler
Richter                   Russell                   Ryberg
Setzler                   Smith, G.                 Smith, J.V.
Thomas                    Wilson

TOTAL--14

*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.

The Bill, S. 1142, was carried over.

CONTINUED

S. 1322 -- Judiciary Committee: A JOINT RESOLUTION TO AMEND ARTICLE III, SECTION 9 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT AFTER THE GENERAL ASSEMBLY CONVENES ON THE SECOND TUESDAY IN JANUARY OF EACH YEAR, THE SENATE AND THE HOUSE OF REPRESENTATIVES MAY RECEDE FOR A TIME PERIOD TO BE DETERMINED BY EACH BODY, AND TO PROVIDE THAT EACH BODY MAY BY APPROPRIATE RULE PROVIDE FOR MEETINGS DURING THE LEGISLATIVE SESSION AS IT SHALL CONSIDER EXPEDIENT; AND TO AMEND ARTICLE III BY DELETING SECTION 21, WHICH PROVIDES THAT NEITHER HOUSE, DURING THE SESSION OF THE GENERAL ASSEMBLY, SHALL WITHOUT THE CONSENT OF THE OTHER ADJOURN FOR MORE THAN THREE DAYS, NOR TO ANY OTHER PLACE THAN THAT IN WHICH IT SHALL BE AT THE TIME SITTING.

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

Senator HOLLAND spoke on the Joint Resolution.

Senator HOLLAND moved to continue the Joint Resolution.

Senator RICHTER moved to table the motion to continue.

Point of Order

Senator McCONNELL raised a Point of Order that the motion to table was out of order inasmuch as the motion to continue was a higher motion than the motion to table.

The ACTING PRESIDENT sustained the Point of Order.

The question then was the motion to continue the Joint Resolution.

A roll call vote had been ordered.

Parliamentary Inquiry

Senator RYBERG made a Parliamentary Inquiry as to whether or not Senator RICHTER had been recognized to speak following the completion of the remarks of Senator HOLLAND.

The ACTING PRESIDENT stated that Senator RICHTER's desire to speak following the completion of the remarks of Senator HOLLAND was noted; however, at the time Senator RICHTER was recognized, Senator RICHTER made the motion to table the motion to carry over the Bill.

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

Ayes 22; Nays 12

AYES

Bryan                     Courtney                  Ford
Glover                    Holland                   Hutto
Jackson                   Land                      Leventis
Matthews                  McConnell                 Mescher*
Moore                     O'Dell                    Passailaigue
Patterson                 Rankin                    Reese
Rose*                     Smith, G.                 Smith, J.V.
Washington

TOTAL--22

NAYS

Alexander                 Boan                      Fair
Hayes                     Martin                    Peeler
Richter                   Russell                   Ryberg
Setzler                   Thomas                    Wilson

TOTAL--12

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

The Joint Resolution was continued.

Statement by Senator HOLLAND

As I explained to the body, I voted to continue S. 1322 as it is a Senate Bill and if passed would not be accepted by the House except by a two-thirds vote of that body. As we are in the waning days of the session, I believe it is important that we move on to consider other legislation shortening the legislative session currently pending in the Senate and requiring only House and Senate concurring action in order to pass. Unless the body takes this most direct route to consider session shortening legislation, it will be impossible for this General Assembly to consider this most important legislation.

COMMITTEE AMENDMENT AMENDED AND ADOPTED
AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

H. 3201 -- Rep. Simrill: A BILL TO AMEND SECTION 44-95-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES IN WHICH SMOKING IS PROHIBITED UNDER THE CLEAN INDOOR AIR ACT OF 1990, SO AS TO PROVIDE THAT LOCAL SCHOOL BOARDS MAY MAKE SCHOOL DISTRICT FACILITIES SMOKE FREE AND TO PROVIDE AN EXCEPTION FOR GOVERNMENTAL ENTITIES THAT HAD A NONSMOKING POLICY IN EFFECT BEFORE AUGUST 1, 1990; AND TO DESIGNATE THE PROVISIONS OF THE CLEAN INDOOR AIR ACT AS CHAPTER 95, TITLE 44 OF THE 1976 CODE.

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

Senator WILSON spoke on the Bill.

ACTING PRESIDENT PRESIDES

At 7:20 P.M., Senator COURTNEY assumed the Chair.

Senator WILSON continued speaking on the Bill.

Objection

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

Senator MOORE objected.

Senator WILSON spoke on the Bill.

RECESS

With Senator WILSON retaining the floor, at 7:42 P.M., on motion of Senator HAYES, the Senate receded from business not to exceed ten minutes.

At 8:05 P.M., the Senate resumed.

Senator WILSON spoke on the Bill.

Amendment No. P-1

Senators HAYES, WILSON, BRYAN and MOORE proposed the following Amendment No. 1 (3201R007.TM), which was adopted:

Amend the committee report, as and if amended, page 3201-1, by striking line 23 in its entirety and inserting in lieu thereof the following:

/Amend the bill, as and if amended, page 3, by striking lines 37 through 43, and continuing onto page 4, by striking lines 1 through 5 and inserting in lieu thereof:

Section 16-17-504. (A) Sections 16-17-500, 16-17-502, and 16-17-503 must be implemented in an equitable and uniform manner throughout the State and enforced to ensure the eligibility for and receipt of federal funds or grants the State receives or may receive relating to the sections. Any laws, ordinances, or rules enacted pertaining to tobacco products may not supersede state law or regulation. Nothing herein shall affect the right of any person having ownership or otherwise controlling private property to allow or prohibit the use of tobacco products on such property.

(B) Smoking ordinances in effect before the effective date of this act are exempt from the requirements of subsection (A)."/

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

The amendment was adopted.

The Committee on Medical Affairs proposed the following amendment (PFM\7511AC.95), which was adopted:

Amend the bill, as and if amended, by deleting Section 16-17-504.

Renumber sections to conform.

Amend title to conform.

Amendment No. 4

Senator LEVENTIS proposed the following Amendment No. 4 (3201R002.PPL), which was adopted:

Amend the bill, as and if amended, page 3, by striking lines 20 through 28.

Renumber sections to conform.

Amend title to conform.

Senator LEVENTIS explained the amendment.

Senator LEVENTIS moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 6

Senator BRYAN proposed the following Amendment No. 6 (S-EDUC\3201.1), which was adopted:

Amend the bill, as and if amended, on page 1, line 37 by inserting the following:

/. This section does not prohibit school district boards of trustees from providing for a smoke free campus/.

Amend title to conform.

Senator BRYAN explained the amendment.

Senator BRYAN moved that the amendment be adopted.

The amendment was adopted.

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

RETURNED FROM THE HOUSE WITH AMENDMENTS
CARRIED OVER

S. 556 -- Senator Russell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO AUTHORIZE A PERSON WHO ATTAINS THE AGE OF EIGHTEEN BY THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER TO BE AN ELECTOR FOR THE CALENDAR YEAR IN WHICH THE PERSON HAS ATTAINED THE AGE OF EIGHTEEN AND TO PROVIDE THAT A PERSON IS NOT CONSIDERED A QUALIFIED ELECTOR FOR PURPOSES OF HOLDING THE PUBLIC OFFICES REFERRED TO IN SECTION 7 OF ARTICLE III AND SECTION 1 OF ARTICLE VI IF HE HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.

The House returned the Resolution with amendments.

ACTING PRESIDENT PRESIDES

At 8:20 P.M., Senator MARTIN assumed the Chair.

Senator McCONNELL explained the amendments.

Leave of Absence

On motion of Senator BRYAN, at 8:30 P.M., Senator J. VERNE SMITH was granted a leave of absence for the balance of the day.

Senator PATTERSON moved to recommit the Joint Resolution to the Committee on Judiciary.

Senator RYBERG moved to table the motion to recommit.

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

Ayes 23; Nays 7

AYES

Alexander                 Boan                      Bryan
Courtney                  Fair                      Hayes
Holland                   Leventis                  Martin
McConnell                 Mescher*                  Moore
O'Dell                    Passailaigue              Peeler
Rankin                    Richter                   Rose
Russell                   Ryberg                    Setzler
Smith, G.                 Wilson

TOTAL--23

NAYS

Ford                      Glover                    Hutto
Land                      Matthews                  Patterson
Washington

TOTAL--7

*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 motion to recommit was laid on the table.

On motion of Senator PATTERSON, the Joint Resolution was carried over.

Recorded Vote

Senators RYBERG and WILSON desired to be recorded as voting against the motion to carry over the Joint Resolution.

ACTING PRESIDENT PRESIDES

At 8:40 P.M., Senator PEELER assumed the Chair.

HOUSE AMENDMENTS AMENDED
PASSED BY "AYES" AND "NAYS"
RETURNED TO THE HOUSE WITH AMENDMENTS

S. 82 -- Senators McConnell, Rose and Wilson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY COMMENCING AT VARYING TIMES IN EVEN-NUMBERED YEARS AND ODD-NUMBERED YEARS AND FOR AN ORGANIZATIONAL SESSION FOR THE SENATE IN CERTAIN YEARS, DELETE CERTAIN OBSOLETE LANGUAGE, PROVIDE FOR ELECTION OF OFFICERS OF THE GENERAL ASSEMBLY, PROVIDE FOR CERTAIN MEETINGS FOR THE INTRODUCTION AND REFERRAL TO COMMITTEE OF LEGISLATION, AND PROVIDE FOR CERTAIN COMMITTEE MEETINGS.

The House returned the Resolution with amendments.

Senator McCONNELL explained the amendments.

Senators HOLLAND, McCONNELL, MOORE and LEVENTIS proposed the following Amendment No. 1 (JUD0082.007), which was adopted:

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

/SECTION 1. It is proposed that Article III, Section 9 of the Constitution of this State be amended to read:

"Section 9. The annual session of the General Assembly heretofore elected, fixed by the Constitution of the year Eighteen hundred and Sixty-eight to convene on the fourth Tuesday of November, in the year Eighteen hundred and Ninety-five, is hereby postponed, and the same shall be convened and held in the city of Columbia on the second Tuesday of January, in the year Eighteen hundred and Ninety-six. The first session of the General Assembly elected under this Constitution shall convene in Columbia on the second Tuesday in January, in the year Eighteen hundred and Ninety-seven, and thereafter annually at the same time and place shall convene at the State Capitol in the City of Columbia on the second Tuesday of January of each year. After the convening of the General Assembly, nothing in this section shall prohibit the Senate or the House of Representatives from receding for a time period not to exceed thirty days, unless this time period is extended by a majority vote. Each body by appropriate rule may provide for meetings during the legislative session as it shall consider expedient. ~~Provided, That the~~ However, the Senate and the House of Representatives shall meet on the first Tuesday following the certification of the election of its members for not more than three days following the general election in even-numbered years for the purpose of organizing. ~~Should~~ If the casualties of war or contagious disease render it unsafe to meet at the seat of government, ~~then~~ the Governor ~~may~~, by proclamation, may appoint a more secure and convenient place of meeting. Members of the General Assembly shall not receive any compensation for more than forty days of any one session. ~~Provided, That this limitation shall not affect the first four sessions of the General Assembly under this Constitution.~~"

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 Article III, Section 9 of the Constitution of this State be amended so as to provide that the annual session of the General Assembly shall commence on the second Tuesday in January, but that each body shall be authorized to recede for a period of time to be determined by that body, and by appropriate rule to provide for meetings as each body shall consider expedient, and to provide for an organizational session for the Senate in those years in which the membership of the Senate is elected and to delete obsolete language relating to earlier sessions of the General Assembly?

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'."

SECTION 3. It is proposed that Article III of the Constitution of this State be amended by deleting Section 21, which reads:

"Section 21. Neither house, during the session of the General Assembly, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which it shall be at the time sitting."

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 III of the Constitution of this State be amended by deleting Section 21 which provides that neither house of the General Assembly shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which it shall be at the time sitting?

Yes []
No []

SECTION 5. It is proposed that Article III, Section 20 of the Constitution of this State be amended to read:

"Section 20. (A) In all elections by the General Assembly in joint session, no candidate may be elected unless he receives a majority vote of the Senators present and voting and a majority vote of the members of the House of Representatives present and voting.

(B) In all elections by the General Assembly or either ~~House~~ house thereof, the members shall vote 'viva voce', except by unanimous consent, and their votes thus given shall be entered upon the Journal of the ~~House~~ house to which they respectively belong."

SECTION 6. 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 ballot:

"Shall Article III, Section 20 of the Constitution of this State relating to elections by the General Assembly be amended so as to provide that no candidate elected in joint session of the General Assembly may be elected unless he receives a majority vote of the Senators present and voting and a majority vote of the members of the House of Representatives present and voting?

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'."

SECTION 7. It is proposed that Article III of the Constitution of South Carolina, 1895, be amended by adding:

"Section 37. (A) The regular annual session of the General Assembly shall adjourn each year not later than 5:00 p.m. on the first Thursday in June and shall remain adjourned subject to the joint call of the Speaker of the House of Representatives and the President Pro Tempore of the Senate. In a year that the House of Representatives fails to give third reading to the annual general appropriation bill by March thirty-first, the date of adjournment on the first Thursday in June is extended by one statewide session day for each day after March thirty-first that the House of Representatives fails to give the bill third reading. The session also may be extended beyond the first Thursday in June by concurrent resolution adopted by a simple two-thirds vote in both houses. During the time between 5:00 p.m. on the first Thursday in June and the extended adjournment date, as set forth in this subsection, no legislation or other business may be considered except the general appropriation bill, supplemental appropriation bills, bills authorizing capital debt, and matters approved for consideration by a concurrent resolution adopted by a simple two-thirds vote in both houses.

(B) The regular annual session of the General Assembly shall adjourn sine die each year not later than 5:00 p.m. on the first Thursday in November. The sine die adjournment date may be extended by concurrent resolution adopted by a simple two-thirds vote in both houses. If during the time between the adjournment date provided for in subsection (A) and the sine die adjournment date:

(1) the fiscal year ending after the adjournment date specified in subsection (A) is closed with year-end revenues not sufficient to meet authorized appropriations for that fiscal year; or

(2) the Board of Economic Advisors' revenue forecast or adjustments thereto, as required by law, project that estimated revenue will not be sufficient to meet authorized appropriations for the current fiscal year; or

(3) the fiscal year ending after the adjournment date specified in subsection (A) is closed with year-end revenues in excess of authorized appropriations for that fiscal year; then

(4) the General Assembly must be called back into regular session by the President Pro Tempore of the Senate and the Speaker of the House of Representatives to consider only:

(a) bills amending the general appropriation act for the current fiscal year, including supplemental appropriations from surplus revenues from the previous fiscal year, or bills authorizing such appropriations as are necessary to meet year-end operating deficits;

(b) gubernatorial vetoes;

(d) consideration of conference and free conference reports;

(e) ratification of acts;

(f) the concurrence or nonconcurrence on any legislative matters received from the other house;

(g) local matters;

(h) resolutions affecting sine die adjournment.

(C) If a court of competent jurisdiction invalidates a redistricting plan for either the Senate or the House of Representatives or the state's congressional districts while the General Assembly is not in session, the Speaker of the House of Representatives and the President Pro Tempore of the Senate must jointly call the General Assembly back into regular session for the purpose of:

(1) consideration of legislation to redistrict either house or the state's congressional districts;

(2) gubernatorial vetoes;

(3) consideration of conference and free conference reports;

(4) ratification of acts;

(5) the concurrence or nonconcurrence on any legislative matters received from the other house;

(6) resolutions affecting sine die adjournment."

SECTION 8. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Shall Article III of the Constitution of this State be amended so as to provide that the General Assembly must adjourn each year not later than 5:00 p.m. on the first Thursday in June and remain adjourned subject to the joint call of the President Pro Tempore of the Senate and the Speaker of the House of Representatives under certain circumstances; that in a year when the House of Representatives fails to give third reading to the annual general appropriation bill by March thirty-first that the date of adjournment be extended by the number of days after March thirty-first that the House of Representatives fails to give the bill third reading; that the session also may be extended by concurrent resolution adopted by a two-thirds vote of both houses to consider only the general appropriation bill, supplemental appropriation bills, bills authorizing capital debt, and matters approved for consideration by concurrent resolution; that the regular annual session of the General Assembly shall adjourn sine die each year not later than 5:00 p.m. on the first Thursday in November except that this date may be extended by concurrent resolution adopted by a two-thirds vote in both houses; that under certain circumstances the General Assembly must be called back into regular session by the President Pro Tempore of the Senate and the Speaker of the House of Representatives only to consider bills amending the general appropriation act, gubernatorial vetoes, receipt and confirmation of appointments, consideration of conference and free conference reports, ratification of acts, the concurrence or nonconcurrence on any legislative matters received from the other house, local matters, and resolutions affecting sine die adjournment; and that if a court of competent jurisdiction invalidates a redistricting plan for either the Senate or the House of Representatives or the state's congressional districts while the General Assembly is not in session, the President Pro Tempore of the Senate and the Speaker of the House of Representatives must jointly call the General Assembly back into regular session for certain purposes?

Yes []
No []

SECTION 9. It is proposed that Article III, Section 15 of the Constitution of this State, 1895, be amended to read:

"Section 15. Bills for raising revenue shall originate in the House of Representatives, but may be altered, amended, or rejected by the Senate; all other bills may originate in either house, and may be amended, altered, or rejected by the other.

The appropriation of any surplus revenues resulting from total annual revenues for a fiscal year exceeding the total authorized appropriations for the same fiscal year shall be authorized only after the fiscal year has ended and the report of the Comptroller General has confirmed that a year-end surplus exists.

No appropriation authorized to or for a specific item or purpose as established in the annual general appropriation act may be transferred to or for other items or purposes except as may be provided by law. Appropriations authorized in the annual general appropriation act and subsequently vetoed by the Governor and sustained by the General Assembly, or unavailable for expenditure because the appropriation is the object of a veto by the Governor given after the General Assembly has adjourned, may not be transferred in any manner for any purpose."

SECTION 10. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Shall Article III, Section 15 of the Constitution of this State relating to bills for revenue be amended so as to provide that the appropriation of any surplus revenues resulting from total annual revenues for a fiscal year exceeding the total authorized appropriations for the same fiscal year shall be authorized only after the fiscal year has ended and the report of the Comptroller General has confirmed that a year-end surplus exists; that, except as provided by law, no appropriation authorized for a specific purpose in the annual general appropriation act may be transferred to another purpose; and that authorized appropriations which are subsequently vetoed by the Governor and sustained by the General Assembly may not be transferred in any manner for any purpose?

Yes []
No []

Amend title to conform.

Senator McCONNELL explained the amendment.

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

Ayes 36; Nays 0

AYES

Alexander                 Boan                      Bryan
Courtney                  Drummond                  Elliott
Fair                      Ford                      Glover
Hayes                     Holland                   Hutto
Jackson                   Land                      Lander
Leventis                  Martin                    Matthews
McConnell                 Mescher*                  Moore
O'Dell                    Passailaigue              Patterson
Peeler                    Rankin                    Reese
Richter                   Rose*                     Russell
Ryberg                    Setzler                   Smith, G.
Thomas                    Washington                Wilson

TOTAL--36

NAYS

TOTAL--0

*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.

The amendment was adopted.

Senator McCONNELL moved that the text of the Joint Resolution be printed upon the pages of the Journal:

Amend Title To Conform

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

SECTION 1. It is proposed that Article III, Section 9 of the Constitution of this State be amended to read:

Yes []
No []

SECTION 3. It is proposed that Article III of the Constitution of this State be amended by deleting Section 21, which reads:

Yes []
No []

SECTION 5. It is proposed that Article III, Section 20 of the Constitution of this State be amended to read:

Yes
No

SECTION 7. It is proposed that Article III of the Constitution of South Carolina, 1895, be amended by adding:

(1) the fiscal year ending after the adjournment date specified in subsection (A) is closed with year-end revenues not sufficient to meet authorized appropriations for that fiscal year; or

(3) the fiscal year ending after the adjournment date specified in subsection (A) is closed with year-end revenues in excess of authorized appropriations for that fiscal year; then

(4) the General Assembly must be called back into regular session by the President Pro Tempore of the Senate and the Speaker of the House of Representatives to consider only:

(b) gubernatorial vetoes;

(d) consideration of conference and free conference reports;

(e) ratification of acts;

(f) the concurrence or nonconcurrence on any legislative matters received from the other house;

(g) local matters;

(h) resolutions affecting sine die adjournment.

(1) consideration of legislation to redistrict either house or the state's congressional districts;

(2) gubernatorial vetoes;

(3) consideration of conference and free conference reports;

(4) ratification of acts;

(5) the concurrence or nonconcurrence on any legislative matters received from the other house;

(6) resolutions affecting sine die adjournment."

Yes []
No []

SECTION 9. It is proposed that Article III, Section 15 of the Constitution of this State, 1895, be amended to read:

Yes []
No []

The Joint Resolution was amended and ordered returned to the House with amendments.

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

OBJECTION

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

Senator RANKIN asked unanimous consent to make a motion to proceed to a consideration of the Bill.

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

Senator BRYAN objected.

ORDERED ENROLLED FOR RATIFICATION

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

H. 4522 -- Reps. Allison, Wells, Littlejohn, Walker and Lee: A BILL TO AMEND SECTION 20-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PETITIONS FOR ORDERS OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROVIDE THAT NO FEE MAY BE CHARGED FOR FILING A PETITION; AND TO AMEND SECTION 20-4-60, RELATING TO ORDERS FOR PROTECTION, SO AS TO PROHIBIT GRANTING A MUTUAL ORDER OF PROTECTION EXCEPT UNDER CERTAIN CONDITIONS.

(By prior motion of Senator HOLLAND, with unanimous consent)

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

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

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

There was no objection.

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

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

There was no objection.

HOUSE BILLS RETURNED

The following House Bills were read the third time and ordered returned to the House with amendments:

H. 3730 -- Reps. J. Young, Allison, Askins, Bailey, Baxley, Beatty, Boan, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Huff, Hutson, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kinon, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Scott, Seithel, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Vaughn, Waldrop, Walker, Wells, Whatley, S. Whipper, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1995" AND TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN INDIVIDUALS TO CARRY CONCEALED WEAPONS.

(By prior motion of Senator McCONNELL, with unanimous consent)

H. 4796 -- Reps. Fulmer, Koon, Harvin, Carnell, Robinson, Stuart, Seithel, Shissias, Limehouse, Hallman, Harrell and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-37-2810, 12-37-2820, 12-37-2830, 12-37-2840, 12-37-2850, 12-37-2860, 12-37-2870, AND 12-37-2880 SO AS TO PROVIDE CERTAIN DEFINITIONS, THAT THE DEPARTMENT OF PUBLIC SAFETY ANNUALLY SHALL ASSESS, EQUALIZE, AND APPORTION THE VALUATION OF ALL MOTOR CARRIER VEHICLES, THAT THE VALUE OF MOTOR CARRIER VEHICLES SUBJECT TO PROPERTY TAX MUST BE DETERMINED BY THE DEPARTMENT OF PUBLIC SAFETY AND THAT THIS PROPERTY TAX MUST BE PAID TO THE DEPARTMENT ANNUALLY, THE METHOD THAT THE TAXES MUST BE DISBURSED, THAT IN LIEU OF THE PROPERTY TAX AND REGISTRATION REQUIREMENTS, A ONE-TIME FEE MAY BE PAID UNDER CERTAIN CIRCUMSTANCES AND THE DISTRIBUTION OF THIS FEE, AND TO PROVIDE AN EXEMPTION FROM PROPERTY TAXES FOR CERTAIN MOTOR VEHICLES.

H. 3269 -- Reps. Richardson, P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Kelley, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-69-77 SO AS TO ALLOW A LICENSED CONTINUING CARE RETIREMENT COMMUNITY THAT OPERATES A HOME HEALTH AGENCY AND A NURSING HOME TO SHARE CERTAIN SERVICES BETWEEN THE HOME HEALTH AGENCY AND THE NURSING HOME; AND TO AMEND SECTION 44-69-75, RELATING TO REQUIRING A HOME HEALTH AGENCY TO OBTAIN A CERTIFICATE OF NEED BEFORE BEING LICENSED, SO AS TO EXEMPT CERTAIN CONTINUING CARE RETIREMENT COMMUNITIES WHICH PROVIDE HOME HEALTH SERVICES TO ITS RESIDENTS.

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

There was no objection.

H. 3992 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 20-7-1440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT FEES, SO AS TO AUTHORIZE RATHER THAN REQUIRE THE COURT TO ASSESS A FEE AGAINST A DEFENDANT IN CHILD ABUSE AND NEGLECT CASES AND TO EXEMPT INDIGENT DEFENDANTS.

Senator COURTNEY explained the Bill.

READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 4589 -- Reps. Limehouse, Hallman, Cotty, Hutson, Fulmer, Felder, Knotts and Witherspoon: A BILL TO AMEND SECTION 56-5-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DEATH OR PERSONAL INJURY, SO AS TO REVISE THE PENALTY.

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

Senator HOLLAND proposed the following amendment (JUD4589.002), which was withdrawn:

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

/SECTION ___. The first paragraph of Section 56-5-2990 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"The department shall suspend the driver's license of ~~any~~ a person who is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the violation of Section 56-5-2930 or for the violation of ~~any other~~ another law or ordinance of this State or of ~~any~~ a municipality of this State that prohibits ~~any~~ a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics for six months for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail, one year for the second conviction, plea of guilty or of nolo contendere, or forfeiture of bail, two years for the third offense, three years for the fourth offense, and a permanent revocation of the driver's license for fifth and subsequent offenses. Only those violations which occurred within ten years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section. ~~Any~~ A person whose license is revoked following conviction for a fifth offense as provided in this section is forever barred from being issued any license by the ~~Department of Revenue and Taxation~~ Department of Public Safety to operate a motor vehicle except as provided in Section 56-1-385."

SECTION ___. The 1976 Code is amended by adding:

"Section 56-1-385. (A) Notwithstanding another provision of law, a person whose driver's license or privilege to operate a motor vehicle has been revoked permanently pursuant to Section 56-5-2990, excluding persons convicted of felony driving under the influence of alcohol or another controlled substance under Section 56-5-2945, may petition the circuit court in the county of his residence for reinstatement of his driver's license and shall serve a copy of the petition upon the solicitor of the circuit. The solicitor or his designee within thirty days may respond to the petition and demand a hearing on the merits of the petition. If the solicitor or his designee does not demand a hearing, then the circuit court shall consider any affidavit submitted by the petitioner and the solicitor or his designee when determining whether the conditions required for driving privilege reinstatement have been met by the petitioner. The court may order the reinstatement of the person's driver's license upon the following conditions:

(1) the person must not have been convicted of an alcohol or drug violation during the previous five-year period;

(2) the person must have completed successfully an alcohol or drug assessment and treatment program provided by the South Carolina Department of Alcohol and Other Drug Abuse Services or an equivalent program designated by that agency; and

(3) the person's overall driving record, attitude, habits, character, and driving ability would make it safe to grant him the privilege to operate a motor vehicle.

(B)(1) A person may not seek reinstatement of his driver's license pursuant to this section if the person subsequently is convicted of, receives a sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for a violation of Section 56-5-2930 or for a violation of another law or ordinance of this State or of a municipality of this State that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics.

(2) Nothing in this section may be construed to prohibit a person whose license has been revoked pursuant to Section 56-5-2930 before the effective date of this section from seeking reinstatement of his license pursuant to the provisions in this section.

(C) If a person's privilege to operate a motor vehicle is restored pursuant to this section, a subsequent violation of driving under the influence of alcohol or another controlled substance or felony driving under the influence of alcohol or another controlled substance will require the cancellation of the person's driver's license and the imposition of the full period of suspension and revocation for a previous violation.

(D) Before a person may have his driver's license reinstated under this section he must:

(1) pay a fifty dollar filing fee to the court; and

(2) successfully complete the requirements to obtain a driver's license contained in this article."/

Renumber sections to conform.

Amend title to conform.

Senator HOLLAND explained the amendment.

Senator HOLLAND asked unanimous consent to withdraw the amendment.

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

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 3273 -- Rep. Townsend: A BILL TO AMEND SECTIONS 56-3-3310 AND 56-3-3320, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART, SO AS TO ELIMINATE THE BIENNIAL FEE FOR THE LICENSE PLATE, TO PROVIDE THAT THE PLATE MUST BE PERMANENT, AND TO ELIMINATE THE REQUIREMENT THAT THE LICENSE PLATE BE ISSUED ON A BIENNIAL BASIS.

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

Senator McCONNELL proposed the following amendment (3273R001.GFM), which was adopted:

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

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

"Article 70
Square Dance Commemorative License Plates

Section 56-3-7610. The department may issue a special commemorative motor vehicle license plate commemorating the Square Dance as the state's official American Folk Dance. The biennial fee for the commemorative license plate is fifty dollars in addition to the regular motor vehicle fee prescribed by Article 5 of this chapter. This license plate must be the same size and general design of regular motor vehicle license plates."/

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

Senator LAND spoke on the Bill.

The amendment was adopted.

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

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 3285 -- Reps. Neilson, Lloyd, G. Brown, Hines, L. Whipper, Breeland, J. Young, Canty, Rice, Felder, Chamblee, Gamble, Keyserling, Robinson, Herdklotz, Davenport, Mason, Thomas and Byrd: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER JOINT CUSTODY.

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

Senator PEELER proposed the following amendment (3285R001.HSP), which was adopted:

Amend the bill, as and if amended, page 1, after line 22, by adding an appropriately numbered new SECTION to read:

/SECTION __. Section 20-7-420(30) of the 1976 Code is amended to read:

"(30) To make any order necessary to carry out and enforce the provisions of this chapter, and to hear and determine any questions of support, custody, separation, or any other matter over which the court has jurisdiction, without the intervention of a jury; however, the court may not issue an order which prohibits a custodial parent from moving his residence to a location within the State unless the court finds a compelling reason."/

Renumber sections to conform.

Amend title to conform.

Senator COURTNEY explained the amendment.

Senator BRYAN argued contra to the adoption of the amendment and moved to table the amendment.

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

The amendment was adopted.

The Bill was read the third time and ordered returned to the House of Representatives with amendments.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 4012 -- Reps. Townsend, Trotter and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 71 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF A SPECIAL LICENSE PLATE FOR FOREST PRODUCT HAULERS; TO AMEND SECTION 56-3-120, RELATING TO EXEMPTIONS FROM REGISTERING AND LICENSING VEHICLES, SO AS TO EXEMPT CERTAIN KNUCKLEBOOM LOADERS FROM REGISTRATION AND LICENSING; TO AMEND SECTION 56-5-4090, AS AMENDED, RELATING TO THE LENGTH OF LOAD ON CERTAIN POLE TRAILERS AND CARRIERS, SO AS TO DELETE RESTRICTIONS TO THE HOURS CERTAIN VEHICLES CAN TRAVEL ON THE STATE'S HIGHWAYS; TO AMEND SECTION 56-5-4630, RELATING TO THE ATTACHMENT OF A LAMP OR FLAG ON LOADS EXTENDING CERTAIN LENGTHS BEYOND THE BED OR BODY OF A MOTOR VEHICLE, SO AS TO REVISE THE DIMENSIONS OF THE FLAG THAT MUST BE ATTACHED TO THE LOAD; AND TO AMEND SECTION 58-23-50, RELATING TO CERTAIN FORMS OF TRANSPORTATION THAT ARE EXEMPTED FROM PUBLIC SERVICE COMMISSION REGULATIONS, SO AS TO EXEMPT THE TRANSPORTATION OF LOGS FROM COMMISSION REGULATION.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (4012R006.DE) proposed by Senator ELLIOTT and previously printed in the Journal of Thursday, May 16, 1996.

Senator LAND moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 3

Senator RICHTER proposed the following Amendment No. 3 (4012R004.LER), which was adopted:

Amend the bill, as and if amended, page 2, after line 30, by adding an appropriately numbered new SECTION to read:

/SECTION ___. Section 56-5-765 of the 1976 Code, as added by Act 439 of 1994, is amended to read:

"Section 56-5-765. (A) When a motor vehicle or motorcycle of a law enforcement agency, except a motor vehicle or motorcycle operated by the South Carolina Department of Public Safety, is involved in a traffic collision that results in an injury or a death, or involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved, the State Highway Patrol shall investigate the collision and file a report with findings on whether the agency motor vehicle or motorcycle was operated properly within the guidelines of appropriate statutes and regulations.

(B) When a motor vehicle or motorcycle of the Department of Public Safety is involved in a traffic collision that results in an injury or a death, or involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved, the sheriff of the county in which the collision occurred shall investigate the collision, regardless of whether the collision occurred within an incorporated jurisdiction, and file a report with findings on whether the department's motor vehicle or motorcycle was operated properly within the guidelines of appropriate statutes and regulations.

(C) A law enforcement department or agency may not investigate collisions in which a motor vehicle or an employee of that department or agency is involved that results in an injury or a death, or involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved.

(D) Any person violating the provisions of subsection (C) shall be subject to punishment as provided in Section 8-1-80, even if the person's authority extends beyond a single election or judicial district."/.

Renumber sections to conform.

Amend title to conform.

Senator RICHTER explained the amendment.

The amendment was adopted.

Amendment No. 5

Senator McCONNELL proposed the following Amendment No. 5 (4012R008.GFM), which was tabled:

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

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

"Article 70
Square Dance Commemorative License Plates

Section 56-3-7610. The department may issue a special commemorative motor vehicle license place commemorating the Square Dance as the state's official American Folk Dance. The biennial fee for the commemorative license plate is fifty dollars in addition to the regular motor vehicle fee prescribed by Article 5 of this chapter. This license plate must be the same size and general design of regular motor vehicle license plates."/

Renumber sections to conform.

Amend title to conform.

Senator LEVENTIS spoke on the amendment.

Senator LEVENTIS moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 7

Senator ELLIOTT proposed the following Amendment No. 7 (4012R002.DE), which was adopted:

Amend the bill, as and if amended, page 4, after line 43, by adding an appropriately numbered new SECTION to read:

/SECTION ___ . The Department of Transportation is directed to expend funds as necessary to conduct a study of the subject of tolls on federal highways in the state as the federal law allows and shall reports its findings to the General Assembly by January 1, 1997./

Amend sections, totals and title to conform.

The amendment was adopted.

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

AMENDMENT WITHDRAWN, READ THE THIRD TIME
RETURNED TO THE HOUSE

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

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (4277R001.LER) proposed by Senator RICHTER and previously printed in the Journal of Wednesday, May 22, 1996.

Senator RICHTER asked unanimous consent to withdraw the amendment.

There was no objection and the amendment was withdrawn.

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

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 4434 -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN SUSPENDED FOR A FIFTH OFFENSE.

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

There was no objection.

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

Senator HOLLAND proposed the following amendment (JUD4434.003), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 35, in Section 56-5-2990, as contained in SECTION 1, by striking lines 35 and 36 in their entirety and inserting therein the following:

/contendere, or forfeiture of bail, two years for the third offense, three years for the fourth offense, and a permanent revocation of the/.

Amend title to conform.

Senator HOLLAND explained the amendment.

The amendment was adopted.

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

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 4614 -- Reps. Kelley, Easterday, Allison and Moody-Lawrence: A BILL TO AMEND TITLE 7, CHAPTER 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILDREN, SO AS TO ENACT THE CHILDREN'S CODE REFORM ACT OF 1996.

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

Senator RICHTER proposed the following amendment (JUD4614.001), which was adopted:

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

/SECTION ___. The 1976 Code is amended by adding:

"Section 40-5-375. A person who has been a member in good standing of the South Carolina Bar Association for at least twenty-five years must not be required to serve without compensation as an attorney or guardian ad litem in a legal proceeding."/

Renumber sections to conform.

Amend title to conform.

Senator RICHTER explained the amendment.

The amendment was adopted.

Senator WASHINGTON proposed the following amendment (S-EDUC\4614.1), which was adopted:

Amend the bill, as and if amended, on page 4, line 23 by deleting:

/~~education as required under Article 1 of Chapter 65 of Title 59~~/ and inserting:

/education as required under Article 1 of Chapter 65 of Title 59,/.

Amend title to conform.

Senator FAIR explained the amendment.

The amendment was adopted.

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

THIRD READING BILL

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 942 -- Senators Giese, Wilson, Elliott and Reese: A BILL TO AMEND SECTION 22-2-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE OF A DULY SUMMONED JUROR IN MAGISTRATE'S COURT TO APPEAR, SO AS TO INCREASE THE PENALTY FOR VIOLATION; AND TO AMEND SECTION 22-3-950, RELATING TO A MAGISTRATE'S POWER TO PUNISH FOR CONTEMPT, SO AS TO INCREASE THE PENALTY FOR CONTEMPT.

(By prior motion of Senator HOLLAND, with unanimous consent)

SECOND READING BILLS
WITH NOTICE OF GENERAL AMENDMENTS

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

S. 1313 -- Senators Boan, Thomas and Alexander: A BILL TO AMEND SECTION 44-55-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE STATE RECREATIONAL WATERS ACT, SO AS TO DEFINE "HOMEOWNERS ASSOCIATION"; AND TO AMEND SECTION 44-55-2340, RELATING TO SWIMMING POOL CONSTRUCTION AND OPERATION PERMITS, SO AS TO EXEMPT HOMEOWNERS' ASSOCIATIONS.

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

There was no objection.

H. 4755 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISK, SO AS TO, AMONG OTHER THINGS, AUTHORIZE THE MAKING OF ASSIGNED RISK AGREEMENTS AMONG INSURERS, DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT A RESIDUAL MARKET AGREEMENT AND ANY MECHANISM DESIGNED TO IMPLEMENT SUCH AGREEMENT MUST BE SUBMITTED IN WRITING TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE FOR APPROVAL PRIOR TO USE, PROVIDE THAT THE DIRECTOR OR HIS DESIGNEE MAY ALLOW INSURERS TO SUBMIT WRITTEN REQUESTS TO BE DESIGNATED AS A STATE SERVICING CARRIER FOR THE ASSIGNED RISK POOL FOR WORKERS' COMPENSATION INSURANCE, AND PROVIDE FOR RELATED MATTERS.

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

There was no objection.

H. 4699 -- Reps. Stuart, Wilkins and Harrison: A BILL TO AMEND SECTION 12-37-251, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION FROM SCHOOL OPERATING TAXES AND ROLLBACK MILLAGE LIMITATIONS, SO AS TO DEFINE "ROLLBACK MILLAGE".

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

There was no objection.

H. 3141 -- Reps. Neilson, Inabinett, Hines, Lloyd and T. Brown: A BILL TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION AND BENEFITS FOR THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, SO AS TO PROVIDE FOR REIMBURSEMENT FOR EXPENSES ACTUALLY INCURRED, TO DELETE THE RESTRICTIONS ON INSURANCE BENEFITS, AND TO ALLOW THE DISTRICT TO SET THE AMOUNT OF PER DIEM.

H. 3338 -- Reps. Jennings, Cobb-Hunter, Kennedy and Neal: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1315 SO AS TO PROVIDE THAT A CANDIDATE MAY NOT, DIRECTLY OR INDIRECTLY, GIVE, OFFER, OR PROMISE ANYTHING OF VALUE TO AN ELECTION OFFICIAL AND TO PROVIDE THAT AN ELECTION OFFICIAL MAY NOT, DIRECTLY OR INDIRECTLY, ASK, DEMAND, EXACT, SOLICIT, SEEK, ACCEPT, RECEIVE OR AGREE TO RECEIVE ANYTHING OF VALUE FROM A CANDIDATE; TO AMEND SECTIONS 7-25-50 AND 7-25-60, BOTH AS AMENDED, RELATING TO BRIBERY AT ELECTIONS, SO AS TO INCREASE THE PENALTIES; TO AMEND SECTION 8-13-1300, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL" AND TO AMEND THE DEFINITION OF "TRANSFER" TO INCLUDE TRANSFERS BETWEEN A CANDIDATE AND AN ELECTION OFFICIAL; AND TO AMEND SECTION 8-13-1348, AS AMENDED, RELATING TO THE USE OF CAMPAIGN FUNDS, SO AS TO ESTABLISH A PROCEDURE BY WHICH A CAMPAIGN RELATED PAYMENT MUST BE MADE BY CHECK, REQUIRE THE EXPENDITURE OF THESE FUNDS TO BE DOCUMENTED WHEN PAID TO AN INDIVIDUAL RECIPIENT, REQUIRE THE DOCUMENTATION BE MAINTAINED AND INCLUDED IN CAMPAIGN REPORTS, AND PROVIDE THAT A CANDIDATE IS DEEMED TO HAVE VIOLATED SECTIONS 7-25-50 AND 7-25-60 IF HE DOES NOT COMPLY WITH THE PROVISIONS OF THIS SECTION, PROVIDE THAT NO PERSON MAY BE REIMBURSED FOR TRANSPORTATION SERVICES IN AN AMOUNT WHICH WOULD EXCEED THE MILEAGE ALLOWED BY LAW FOR MEMBERS OF STATE BOARDS, COMMISSIONS, AND COMMITTEES, AND THE AMOUNT PAID MAY NOT EXCEED THE AMOUNT PAID TO OFFICIAL POLL MANAGERS BY THE STATE ELECTION COMMISSION PURSUANT TO THE PROVISIONS OF SECTION 7-23-10.

H. 4518 -- Reps. Haskins, Carnell, Felder, Koon, J. Young, Witherspoon, Hutson, Limbaugh, Cain, Stuart, Allison, Quinn, Tripp and Vaughn: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CREDIT OF THE STATE AND ITS POLITICAL SUBDIVISIONS, SO AS TO REMOVE THE PROHIBITION ON THE STATE AND ITS POLITICAL SUBDIVISIONS FROM BECOMING JOINT OWNERS OF OR STOCKHOLDERS IN A COMPANY, ASSOCIATION, OR CORPORATION AND TO CONFORM OTHER LANGUAGE OF THE PARAGRAPH TO THIS REVISION.

Senator DRUMMOND asked unanimous consent to take the Joint Resolution up for immediate consideration.

There was no objection.

H. 4706 -- Reps. Wilkins, Kennedy, Harrell, Hutson, Neilson, S. Whipper, J. Hines, Harvin, Howard, Askins, White, Fleming, Jennings, Keegan, Anderson, L. Whipper, M. Hines, Cobb-Hunter, Breeland, Neal, Young-Brickell, Easterday, J. Harris, Koon, Meacham, J. Young, Harrison, Clyburn, Herdklotz, Knotts, Inabinett, Wright, Lloyd, Law, Gamble, Delleney, Cave, Govan, H. Brown, Felder, Robinson, Mason, Carnell, D. Smith, Rice, Sharpe, Boan, Fulmer, Chamblee, Stuart, Shissias, Klauber, T. Brown, Spearman, Williams, Kinon, Limbaugh, Scott, Riser, McTeer, McElveen, Hodges and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA RURAL DEVELOPMENT ACT OF 1996"(ABBREVIATED TITLE)

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

There was no objection.

COMMITTEE AMENDMENT ADOPTED
ADOPTION OF COMMITTEE AMENDMENT RECONSIDERED

AND TABLED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

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

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

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

The Fish, Game and Forestry Committee proposed the following amendment (PT\2275DW.96), which was adopted:

Amend the bill, as and if amended, SECTION 1, page 2, lines 22 through 24, by striking subsection (H) of Section 50-3-315 which reads:

/(H) The department by regulation shall establish a training program for Deputy Enforcement Officers commissioned after July 1, 1980/

Renumber sections to conform.

Amend title to conform.

Senator PEELER explained the amendment.

Senator BOAN asked unanimous consent to reconsider adoption of the committee amendment.

There was no objection and, on motion of Senator BOAN, with unanimous consent, the amendment was tabled.

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

Objection

Senator PEELER asked unanimous consent for third reading on Friday, May 24, 1996.

Senator HOLLAND objected.

SECOND READING BILLS

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

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

Senator GREG SMITH asked unanimous consent to take the Joint Resolution up for immediate consideration.

There was no objection.

H. 4726--Ordered to a Third Reading

On motion of Senator GREG SMITH, with unanimous consent, H. 4726 was ordered to receive a third reading on Friday, May 24, 1996.

H. 4101 -- Reps. Witherspoon and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 30 TO TITLE 46 SO AS TO PROVIDE FOR A REFERENDUM TO APPROVE AN ASSESSMENT ON MARKETED TOBACCO TO PROVIDE FUNDS FOR TOBACCO PRODUCTION RESEARCH.

Senator LEVENTIS explained the Bill.

AMENDED, READ THE SECOND TIME

H. 4344 -- Reps. Jennings, Inabinett, Allison, Haskins, Harrison, Vaughn, Simrill, Herdklotz, Delleney, Kirsh, Richardson and McElveen: A BILL TO AMEND SECTION 20-7-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF JUVENILE CASES, SO AS TO DELETE THE CAP ON THE AMOUNT OF RESTITUTION THAT A COURT MAY ORDER A JUVENILE TO PAY, TO PROVIDE THAT THIS AMOUNT IS IN THE COURT'S DISCRETION, AND TO PROVIDE FACTORS TO BE CONSIDERED IN ESTABLISHING THIS AMOUNT.

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 (JUD4344.001), which was adopted:

Amend the bill, as and if amended, page 2, beginning on line 9, in Section 20-7-1330(a), as contained in SECTION 1, by striking lines 9 through 13 in their entirety and inserting therein the following:

/monetary loss, the child's particular role in causing this loss, and the child's ability to pay the amount over a reasonable period of time. The Department of Juvenile Justice shall develop a system for the transferring of ~~any~~ a court ordered restitution from the ~~juvenile~~ child to the victim or owner of property/.

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

/SECTION ___. Section 20-7-1330(b) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(b) as a condition of probation impose upon the ~~juvenile~~ child a fine not exceeding two hundred dollars when the offense is one in which a magistrate, municipal, or circuit court judge has the authority to impose a fine. A fine may be imposed when commitment is suspended but not in addition to commitment;"

SECTION ___. The first paragraph of Section 20-7-1335 of the 1976 Code is amended to read:

"A ~~juvenile~~ child not previously adjudicated delinquent for committing an offense which would have been a crime if committed by an adult, who has been taken into custody, charged with, or adjudicated delinquent for having committed a status offense or a nonviolent criminal offense may petition the family court for an order destroying all official records relating to his being taken into custody, the charges filed against him, his adjudication, and disposition. The granting of the order is discretionary with the court. However, the court may not grant the order unless it finds that the person who is seeking to have his records destroyed is at least eighteen years of age, has fully and successfully completed any dispositional sentence imposed upon him, and has neither been charged nor is currently charged with committing any additional criminal offenses."/.

Renumber sections to conform.

Amend title to conform.

Senator COURTNEY explained the amendment.

The amendment ws adopted.

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

H. 4344--Ordered to a Third Reading

On motion of Senator COURTNEY, with unanimous consent, H. 4344 was ordered to receive a third reading on Friday, May 24, 1996.

AMENDED, READ THE SECOND TIME

H. 5028 -- Reps. Neilson, Baxley and J. Hines: A BILL TO PROVIDE FOR A REFERENDUM FOR THE CREATION OF THE J.C. DANIEL CENTER DISTRICT IN DARLINGTON COUNTY.

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

There was no objection.

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

Senator SALEEBY proposed the following amendment (S-INS.EES.MLP#1), which was adopted:

Amend the bill, as and if amended, by striking line 22 on page 1 in its entirety and inserting in lieu thereof:

/levy to be used exclusively for the renovation and operation of the J.C. Daniel Center./

Amend the bill further, by striking lines 33 and 34, on page 1 in its entirety and inserting in lieu thereof:

/and a two mill tax levy to be used exclusively for the renovation and operation of the J.C. Daniel Center./

Amend the bill further, by adding on page 2, line 8, the following:

/(D) The mileage shall be removed after a ten-year period./

Amend title to conform.

The amendment was adopted.

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

H. 5028--Ordered to a Third Reading

On motion of Senator PASSAILAIGUE, H. 5028 was ordered to receive a third reading on Friday, May 24, 1996.

COMMITTED TO THE AIKEN COUNTY DELEGATION

S. 1363 -- Senator Ryberg: A BILL TO PROVIDE THAT WHEN THE CITY OF AIKEN ACQUIRES AN EXISTING WATERWORKS OR SEWER FACILITY, IT MAY NOT REQUIRE AN EXISTING CUSTOMER OF THE FACILITY OR A POTENTIAL CUSTOMER WITHIN THE SERVICE AREA OF THE FACILITY TO EXECUTE A CONTRACT WHICH PROHIBITS OPPOSITION TO ANNEXATION OF THE CUSTOMER'S PROPERTY AS A CONDITION OF CONTINUED RECEIPT OF SERVICES.

Senator RYBERG asked that the Bill be committed to the Aiken County Delegation.

There was no objection.

COMMITTED TO THE AIKEN COUNTY DELEGATION

S. 1364 -- Senator Ryberg: A BILL TO PROHIBIT THE CITY OF AIKEN FROM USING OR EXPENDING ANY FUNDS DERIVED FROM FEES OR SERVICE CHARGES RECEIVED FROM THE OPERATION OF A MUNICIPAL UTILITY FOR ANY PURPOSE OTHER THAN THE OPERATION AND MAINTENANCE OF THE UTILITY FROM WHICH THE FEES OR SERVICE CHARGES WERE DERIVED.

Senator RYBERG asked that the Bill be committed to the Aiken County Delegation.

There was no objection.

AMENDED, OBJECTION

H. 4825--Rep. Boan: A BILL TO AMEND SECTION 12-28-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON GASOLINE AND DIESEL FUEL, SO AS TO PROVIDE THAT THE LICENSE TAX IMPOSED BY THIS SECTION IS IN LIEU OF ALL SALES, USE, OR OTHER EXCISE TAX WHICH MAY OTHERWISE BE IMPOSED BY ANY MUNICIPALITY, COUNTY, OR OTHER LOCAL POLITICAL SUBDIVISION; AND TO AMEND SECTION 12-28-2520, RELATING TO THE TAX ON MOTOR FUELS, REPORTS AND BOND REQUIREMENTS, AND OIL COMPANY BOND EXEMPTION BASED ON STATEMENT OF ASSETS AND LIABILITIES, SO AS TO PROVIDE THAT "A MOTOR FUEL LICENSEE", RATHER THAN "AN OIL COMPANY", MAY FURNISH A STATEMENT OF ASSETS AND LIABILITIES AND THAT IF IN THE JUDGMENT OF THE ADMINISTERING AGENCY, THE PROPERTY OWNED BY THE "MOTOR FUEL LICENSEE", RATHER THAN "THE OIL COMPANY", IS SUFFICIENT TO PROTECT THE STATE IN THE PAYMENT OF ALL "MOTOR FUEL TAXES", RATHER THAN "GASOLINE TAXES", DUE, A BOND IS NOT REQUIRED; AND TO REPEAL SECTION 12-28-2510, RELATING TO THE TAX ON MOTOR FUELS AND THE ANNUAL REPORTING REQUIREMENT OF GALLONS SOLD THROUGH RETAIL OUTLETS.(ABBREVIATED TITLE)

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

There was no objection.

Senator RANKIN proposed the following amendment (4825R002.LAR), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION ____. Section 12-28-2750 of the 1976 Code is amended to read:

"Section 12-28-2750. Subject to the provisions of Section 12-28-2910, the remainder of the proceeds from the gasoline fuel taxes levied and provided for in this chapter must be remitted to the State Highway Fund to be deposited to the credit of a special account to be designated as the State Highway Construction Debt Service Fund. All monies credited to the state Highway Construction Debt Service Fund must only be used for the exclusive purpose of defraying the costs incurred in the issuance of state highway construction bonds."/

Renumber sections to conform.

Amend title to conform.

Senator RANKIN explained the Bill.

The amendment was adopted.

Senator McCONNELL objected to further consideration of the Bill.

AMENDED, OBJECTION

H. 4833 -- Reps. Robinson, Herdklotz, Waldrop, Fulmer, Trotter, Sandifer, Marchbanks, Rice, Haskins and Harrell: A BILL TO AMEND SECTION 12-28-795, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTEREST DUE ON GASOLINE TAX REFUNDS, SO AS TO CORRECT THE REFERENCE TO THE PROVISIONS ON INTEREST ON TAX OVERPAYMENTS AND UNDERPAYMENTS; TO AMEND SECTION 12-28-2360, RELATING TO REFUNDS OF GASOLINE TAX INSPECTION FEES, SO AS TO EXTEND THE GENERAL LIMITATIONS ON THE ASSESSMENT OF STATE TAXES TO CLAIMS FOR REFUNDS; TO AMEND SECTION 12-37-2680, AS AMENDED, RELATING TO VALUATION OF MOTOR VEHICLES FOR PURPOSES OF PROPERTY TAXES, SO AS TO DELETE AN OBSOLETE REFERENCE WITH RESPECT TO THE AUDITOR'S DUTIES; TO AMEND SECTION 12-43-300, AS AMENDED, RELATING TO APPEALS OF VALUATION FOR PURPOSES OF THE PROPERTY, SO AS TO DELETE REDUNDANT PROVISIONS AND CORRECT A REFERENCE; TO AMEND SECTION 12-54-25, RELATING TO INTEREST ON TAX UNDERPAYMENTS AND OVERPAYMENTS, SO AS TO ALLOW THE DEPARTMENT OF REVENUE AND TAXATION TO INCREASE FROM FIFTEEN TO THIRTY DAYS THE TIME FOR WHICH INTEREST MAY BE WAIVED FOR ADMINISTRATIVE CONVENIENCE; TO AMEND SECTION 12-54-85, RELATING TO LIMITATIONS ON TAX ASSESSMENTS AND COLLECTIONS, SO AS TO PROVIDE THE DATES WHEN CERTAIN TAXES ARE CONSIDERED TO HAVE BEEN PAID OR RETURNS FILED; TO AMEND SECTION 12-60-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE TAX APPEALS, SO AS TO REVISE DEFINITIONS; TO AMEND SECTION 12-60-40, RELATING TO WAIVER OF TIME LIMITATIONS FOR PURPOSES OF TAX APPEALS, SO AS TO ALLOW THE DEPARTMENT TO EXTEND ANY TIME LIMITATIONS; TO AMEND SECTION 12-60-50, RELATING TO THE PROVISIONS APPLICABLE WHEN TIME PERIODS EXPIRE ON WEEKENDS OR LEGAL HOLIDAYS, SO AS TO CLARIFY THAT THESE PROVISIONS APPLY TO ALL TAXES; TO AMEND SECTION 12-60-410, RELATING TO LIMITATIONS ON ASSESSMENTS FOR A TAX PERIOD FOR WHICH A FINAL ADMINISTRATIVE OR JUDICIAL ORDER HAS BEEN ISSUED, SO AS TO EXEMPT FROM THESE AN ORDER ABATING A JEOPARDY ASSESSMENT OR ASSESSMENT ARISING FROM ADDITIONAL INTERNAL REVENUE SERVICE ASSESSMENTS; TO AMEND SECTION 12-60-440, RELATING TO DEFICIENCY ASSESSMENT RESTRICTIONS, SO AS TO PROVIDE ADDITIONAL EXEMPTIONS FROM THESE RESTRICTIONS; TO AMEND SECTION 12-60-920, RELATING TO JEOPARDY ASSESSMENTS, SO AS TO PROVIDE FURTHER FOR ASSESSMENTS AND APPEALS IN THESE CASES; TO AMEND SECTION 12-60-1350, RELATING TO THE EXCLUSIONS OF APPEALS UNDER THE SOUTH CAROLINA REVENUE PROCEDURES ACT, SO AS TO EXTEND THESE EXCLUSIONS TO LICENSES SUSPENDED OR REVOKED BY THE CHILD SUPPORT ENFORCEMENT DIVISION OF THE STATE DEPARTMENT OF SOCIAL SERVICES AND TO PROVIDE FOR APPEALS OF THESE MATTERS TO BE HANDLED BY THE STATE DEPARTMENT OF SOCIAL SERVICES; TO AMEND SECTION 12-60-2130, RELATING TO PROPERTY TAX ASSESSMENT APPEALS OF PROPERTY VALUED BY THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO DELETE THE AUTHORITY OF A COUNTY ASSESSOR TO APPEAL A DEPARTMENTAL DETERMINATION; TO AMEND SECTION 12-60-2150, RELATING TO CLAIMS FOR REFUND BASED ON PROPERTY TAX EXEMPTIONS, SO AS TO CHANGE A REFERENCE FROM PROTEST TO CLAIM FOR REFUND; AND TO REPEAL SECTIONS 12-4-760, 12-47-75, AND 12-54-60, RELATING RESPECTIVELY TO APPEALS TO THE TAX BOARD OF REVIEW, THE PROPER CREDITING OF TAXES ERRONEOUSLY CREDITED, AND AUTHORITY OF THE DEPARTMENT OF REVENUE AND TAXATION TO ESTIMATE TAXES DUE WHEN A REQUIRED REPORT OR RETURN IS NOT FILED.

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

There was no objection.

Senator RANKIN proposed the following amendment (4833R003.LAR), which was adopted:

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

/ SECTION ____. Section 12-28-2750 of the 1976 Code is amended to read:

"Section 12-28-2750. Subject to the provisions of Section 12-28-2910, the remainder of the proceeds from the gasoline fuel taxes levied and provided for in this chapter must be remitted to the State Highway Fund to be deposited to the credit of a special account to be designated as the State Highway Construction Debt Service Fund. All monies credited to the state Highway Construction Debt Service Fund must only be used for the exclusive purpose of defraying the costs incurred, including debt service, in the issuance of state highway construction bonds."/

Renumber sections to conform.

Amend title to conform.

Senator RANKIN explained the Bill.

The amendment was adopted.

Senator McCONNELL objected to further consideration of the Bill.

CARRIED OVER

S. 1168 -- Senator Martin: A BILL TO AMEND SECTION 40-57-155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTINUING EDUCATION FOR REAL ESTATE AGENTS, SO AS TO PROVIDE SIXTEEN HOURS OF MANDATORY CONTINUING EDUCATION FOR REAL ESTATE LICENSEES.

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

H. 4501 -- Reps. Fleming, Mason, G. Brown, Seithel, Clyburn, S. Whipper, Sandifer, Stoddard, L. Whipper, Vaughn, Littlejohn, Cato, Elliott and R. Smith: A BILL TO AMEND SECTION 12-56-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO EXCLUDE FROM THE DEFINITION OF "DELINQUENT DEBT" SUMS OWED A COUNTY HOSPITAL WHEN THE HOSPITAL AND THE DEBTOR HAVE ENTERED INTO A WRITTEN PAYMENT AGREEMENT AND THE DEBTOR IS CURRENT IN MEETING THE OBLIGATIONS OF THE AGREEMENT.

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

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, 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, 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; 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.(ABBREVIATED TITLE)

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

H. 4717 -- Reps. Sharpe and Rice: A BILL TO AMEND SECTION 44-96-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT, SO AS TO DEFINE "STRUCTURAL FILL"; TO AMEND SECTION 44-96-80, RELATING TO COUNTY OR REGIONAL SOLID WASTE MANAGEMENT PLANS, SO AS TO PROVIDE THAT THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT DOES NOT AUTHORIZE A LOCAL GOVERNMENT TO ENACT ORDINANCES OR RESOLUTIONS TO REGULATE STRUCTURAL FILLS; AND TO AMEND SECTION 44-96-290, RELATING TO STANDARDS USED FOR GRANTING PERMITS TO PERSONS TO OPERATE A SOLID WASTE MANAGEMENT FACILITY, SO AS TO ALLOW THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE PERMITS FOR SHORT-TERM STRUCTURAL FILLS.

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

H. 3198 -- Rep. Richardson: A BILL TO AMEND SECTION 56-3-1975, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION OF HANDICAPPED PARKING PLACES, SO AS TO REQUIRE HANDICAPPED PARKING SIGNS ERECTED AFTER JUNE 30, 1995, TO INCLUDE THE PENALTIES FOR UNLAWFUL USE.

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

LOCAL APPOINTMENT
Confirmation

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

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

Mr. Edward Ravenell, 561 Tiny Lane, Cross, S.C. 29436

MOTION ADOPTED

On motion of Senator HOLLAND, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Lucile R. Sheheen of Camden, S.C., beloved mother of the Honorable Robert Sheheen.

Time Fixed

Senator HAYES moved that when the Senate adjourns on Friday, May 24, 1996, it stand adjourned to meet next Tuesday, May 28, 1996, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 9:24 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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