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

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

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

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

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

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

Senator DRUMMOND objected to the consideration of any further House Bills on the Uncontested Statewide Calendar.

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

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

Senator HOLLAND asked unanimous consent to make a motion to recall H. 3281 from the Committee on Judiciary and place it in the Chairmen's Committee slot in the status of Special Order, and, recommit S. 1188 to the Committee on Judiciary.

Senator McCONNELL objected.

TO: Senate Committee Chairmen
FROM: Donald H. Holland
DATE: April 25, 1996
RE: Unanimous Consent Request to Set H. 3281 (Term Limits) for Special Order in Chairmen's Special Order Position

After the decision by the body yesterday to not set S. 1188 for special order such that it could be considered and passed on to the House prior to May 1, 1996, the only realistic opportunity for the Senate to consider term limits is through the vehicle of H. 3281 (House version of term limits).

(1) establishing initiative and referendum rights for South Carolina voters;

(2) setting immediate and effective term limits;

(3) establishing parity in voting between the S.C. House of Representatives and the S.C. Senate; and

(4) shortening the session and establishing a more efficient method for joint consideration of the annual Appropriations Act.

I would appreciate your consideration of my unanimous consent request at the appropriate time.

THE SENATE PROCEEDED TO THE CONSIDERATION OF H. 4600, THE GENERAL APPROPRIATION BILL.

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

Senator DRUMMOND, Chairman of the Senate Finance Committee, spoke on the report.

At 1:35 P.M., Senator MARTIN assumed the Chair.

Senator J. VERNE SMITH, Chairman of the Subcommittee on Health and Human Services, was recognized to report to the Senate regarding the work of the subcommittee.

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

Senator DRUMMOND asked unanimous consent to make a motion that when the Senate adjourns today, it stand adjourned to meet tomorrow, April 26, 1996, 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; and, further, that when the Senate adjourns on Friday, April 26, 1996, it stand adjourned to meet in statewide session on Monday, April 29, 1996, at 2:00 P.M.

There was no objection.

Senator DRUMMOND moved that when the Senate adjourns on Friday, April 26, 1996, it stand adjourned to meet next Monday, April 29, 1996, at 2:00 P.M., which motion was adopted.

At 1:54 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

Indicates Matter Stricken
Indicates New Matter

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

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

H. 3229 -- Reps. L. Whipper, Fulmer, Spearman, Harrell, Simrill, Clyburn, Breeland, G. Brown, Robinson, R. Smith, Tripp, Limehouse and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1045 SO AS TO MAKE IT UNLAWFUL AND A FELONY FOR ANY PERSON AT LEAST EIGHTEEN YEARS OF AGE TO USE, SOLICIT, INDUCE, COERCE, OR EMPLOY A PERSON UNDER EIGHTEEN TO COMMIT A VIOLENT CRIME OR THE CRIME OF LYNCHING, ALSO TO MAKE IT UNLAWFUL TO CONSPIRE TO DO THE ABOVE, AND TO PROVIDE PENALTIES FOR VIOLATION.

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

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

S. 480 -- Senator Courtney: A BILL TO AMEND SECTION 38-71-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON DISCRIMINATION IN ACCIDENT AND HEALTH INSURANCE POLICIES AND BENEFITS FOR CERTAIN LICENSED SERVICES, SO AS TO INCLUDE SERVICES OF A LICENSED MASTER SOCIAL WORKER, LICENSED INDEPENDENT SOCIAL WORKER, LICENSED MARRIAGE AND FAMILY THERAPIST, LICENSED PROFESSIONAL COUNSELOR, OR PSYCHIATRIC CLINICAL NURSE SPECIALIST.

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

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

Senator PEELER asked to be recorded as voting against third reading of the Bill.

S. 1248 -- Senator Bryan: A BILL TO AMEND SECTION 40-7-190 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF BARBER EXAMINERS, SO AS TO AUTHORIZE THE BOARD TO GRANT VARIANCES FROM A REGULATION PROMULGATED UNDER THIS CHAPTER UNDER CERTAIN CIRCUMSTANCES.

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

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

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

S. 562 -- Senators Rose, Mescher and Richter: A BILL TO AMEND CHAPTER 1 OF TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING SECTION 2-1-200, SO AS TO PROVIDE THAT EXCEPT FOR THE APPOINTMENT OF MAGISTRATES, MEMBERS OF COUNTY BOARDS OF REGISTRATION, AND COUNTY COMMISSIONERS OF ELECTION, AN ACTION OR VOTE BY A COUNTY LEGISLATIVE DELEGATION, COUNTY HOUSE DELEGATION, OR COUNTY

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

S. 739 -- Senators Bryan and Giese: A BILL 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 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.

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

S. 776 -- Senators Lander, Giese and Matthews: A BILL 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" AND TO FURTHER PROVIDE FOR THE TYPES OF HEARINGS AT WHICH INTERPRETERS MUST BE PROVIDED.

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

S. 777 -- Senator Washington: A BILL TO AMEND SECTION 22-1-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING

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

S. 862 -- Senators Elliott, Saleeby, Holland, Ford and Glover: A BILL TO RECOGNIZE THE CHICORA-WACCAMAW INDIAN TRIBE AND THE PEE DEE INDIAN TRIBE AS INDIAN TRIBES OF SOUTH CAROLINA REPRESENTING THE CHICORA-WACCAMAW INDIAN PEOPLE AND THE PEE DEE INDIAN PEOPLE, RESPECTIVELY, AND TO CONFER UPON THEM SUCH RIGHTS AND PRIVILEGES AS ARE PROVIDED BY LAW TO INDIAN TRIBES OF THIS STATUS.

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

S. 943 -- Senators Waldrep, Wilson, Rose, Elliott, Courson, Reese, Lander, Setzler, Leatherman, Mescher and Hayes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE JUDICIAL DEPARTMENT, BY ADDING SECTION 1A SO AS TO PROVIDE THAT NO PERSON WHO HAS BEEN CONVICTED OF A FELONY OR AN ELECTION LAW VIOLATION UNDER STATE OR FEDERAL LAW OR WHO HAS PLED GUILTY OR NOLO CONTENDERE TO AN ELECTION LAW OFFENSE IS ELIGIBLE TO SERVE AS A JUSTICE OF THE SUPREME COURT, AS A JUDGE OF THE COURT OF APPEALS, AS A CIRCUIT COURT JUDGE, OR AS A JUDGE OR MEMBER OF ANY OTHER COURT PROVIDED FOR OR ESTABLISHED BY THE CONSTITUTION OR BY GENERAL LAW THAT IS A PART OF THE UNIFIED JUDICIAL SYSTEM.

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

S. 1013 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY ANY LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO

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

S. 1047 -- Senator McConnell: A BILL TO AMEND SECTIONS 17-15-10 AND 17-15-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY BE RELEASED ON THEIR OWN RECOGNIZANCES AND MATTERS TO BE CONSIDERED IN DETERMINING A PERSON'S RELEASE, SO AS TO PRESUME THE RELEASE OF AN ACCUSED VIOLENT CRIME OFFENDER WOULD CONSTITUTE AN UNREASONABLE DANGER TO THE COMMUNITY SUBJECT TO REBUTTAL BY THE ACCUSED OFFENDER.

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

S. 1049 -- Senator Rankin: A BILL TO AMEND SECTION 23-6-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPOSITION OF THE SOUTH CAROLINA PUBLIC SAFETY COORDINATING COUNCIL, SO AS TO EXPAND THE MEMBERSHIP TO INCLUDE A VICTIM REPRESENTATIVE.

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

S. 1050 -- Senators McConnell, Lander, Giese and Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, BY ADDING SECTION 24 SO AS TO PROVIDE FOR THE "VICTIMS' BILL OF RIGHTS"; AND ALSO PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE I OF THE CONSTITUTION, RELATING TO THE RIGHT OF BAIL, CRUEL OR UNUSUAL PUNISHMENT, AND DETENTION OF WITNESSES, SO AS TO PROVIDE THAT BAIL MAY BE DENIED TO PERSONS CHARGED WITH VIOLENT OFFENSES.

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

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

S. 1125 -- Senator Fair: A BILL TO AMEND SECTION 16-3-1550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIM IMPACT STATEMENTS, SO AS TO PROVIDE THAT A STATEMENT MAY BE CONSIDERED AT A SENTENCING OR DISPOSITION HEARING IN FAMILY COURT, AND A COPY OF A STATEMENT MUST BE FORWARDED TO THE BOARD OF JUVENILE PAROLE.

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

S. 1197 -- Senators Drummond and Land: A BILL 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

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