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May 3, 1996
Mr. Frank Caggiano
Clerk of the Senate
P.O. Box 142
Columbia, S.C. 29202

Dear Mr. Caggiano:

Under date of May 2, 1996, the State Election Commission certified to this office the results of the election of Senate District 40 held in Barnwell and Orangeburg counties on April 30, 1996. The certification shows that Honorable Brad Hutto has been elected Senator for Senate District 40.

I, therefore, certify that Honorable Brad Hutto has been elected as Senator for Senate District 40 for term as prescribed by law.

Yours very truly,
Jim Miles
Secretary of State

WHEREAS, pursuant to the Constitution and the Statutes of the State of South Carolina, an election was held by the qualified electors on the thirtieth day of April A.D. 1996, and

WHEREAS, upon examination of the Returns which have been recorded in my office by the Board of State Canvassers, it appears that you have been duly elected by the highest numbers of votes, and

WHEREAS, I repose special trust and confidence in your ability, care, prudence and integrity.

NOW BE IT KNOWN, in recognition of your election, and by virtue of the power in me vested, I have caused these letters to be made patent and do hereby certify that:

GIVEN UNDER MY HAND and the Seal of the State, in Columbia this Sixth Day of May, in the year of our Lord One Thousand Nine Hundred and Ninety Six, and in the Two Hundred and Twentieth year of

Jim Miles
Secretary of State

The PRESIDENT recognized Senator DRUMMOND who welcomed Senator C. BRADLEY HUTTO, District 40.

On motion of Senator DRUMMOND, with unanimous consent, members of Senator HUTTO's family and special guests were granted the Privilege of the Chamber.

The PRESIDENT appointed the PRESIDENT Pro Tempore to escort Senator HUTTO and his wife to the podium.

Senator HUTTO presented himself at the podium and the oath of office was administered to him by the PRESIDENT.

Seat 17Senator HUTTO

Senator HUTTO addressed the body with brief remarks.

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

Document No. 2038
Promulgated by Department of Health and Environmental Control
61-92. Underground Storage Tank Control Regulations
Received by Lt. Governor April 26, 1996
Referred to Senate Committee on Medical Affairs
120 day review expiration date August 24, 1996
(Subject to Sine Die Revision)

Senator GIESE introduced Dr. Al Pakalnis of Columbia, S.C., Doctor of the Day.

On motion of Senator FAIR, at 12:00 Noon, Senator HAYES was granted a leave of absence for today.

Columbia, S.C., April 25, 1996

Mr. President and Senators:

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

S. 1081 -- Senators Drummond and Giese: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC ENTITIES ELIGIBLE FOR PARTICIPATION IN THE STATE HEALTH AND DENTAL INSURANCE PLANS AND THE REQUIREMENTS FOR THIS PARTICIPATION, SO AS TO AUTHORIZE THE WITHHOLDING OF STATE FUNDS OTHERWISE DUE THESE ENTITIES SUFFICIENT TO COVER DELINQUENT PAYMENTS AND TO PROVIDE THE METHOD OF THE WITHHOLDING AND REMITTING OF THESE SUMS TO THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
asks for a Committee of Conference, and has appointed Reps. Fulmer, Lanford and P. Harris of the committee on the part of the House.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., April 30, 1996

Mr. President and Senators:

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

S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO AUTHORIZE THE ISSUANCE OF

Very respectfully,
Speaker of the House

Whereupon, the PRESIDENT appointed Senators SETZLER, PEELER and HAYES of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

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.

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

There was no objection.

On motion of Senator LAND, with unanimous consent, the Bill was committed to the Committee on Judiciary.

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.

Senator THOMAS asked unanimous consent to make a motion to recall the Resolution from the Committee on Education.

There was no objection.

H. 4865 -- Reps. Law, Cato, Bailey, Wofford, H. Brown, Dantzler, Young-Brickell and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-1095 SO AS TO PROVIDE THAT A PRIVATE INSURER LICENSED TO UNDERWRITE "ESSENTIAL PROPERTY INSURANCE" MAY FILE AND USE CERTAIN RATES FOR THE COVERAGES DETAILED IN SECTION 38-75-310(1) AND THE PROCESS FOR FILING AND HAVING THE RATES APPROVED; AND BY ADDING SECTION 38-75-386 SO AS TO PROVIDE THAT LIABILITY OR A CAUSE OF ACTION MAY NOT ARISE AGAINST CERTAIN PERSONS FOR CERTAIN STATEMENTS MADE TO OR INFORMATION PROVIDED TO AN INSURER TO FACILITATE THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE OR TO FACILITATE COMPETITION FOR THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE.

Senator SALEEBY asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.

There was no objection.

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

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

Senator REESE asked unanimous consent to make a motion to recall the Bill from the Florence County Delegation.

There was no objection.

On motion of Senator REESE, with unanimous consent, the Bill was committed to the Committee on Agriculture and Natural Resources.

The following was introduced:

S. 1408 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-705 SO AS TO DESIGNATE SANDLAPPER, THE MAGAZINE OF SOUTH CAROLINA, AS THE OFFICIAL MAGAZINE OF THE STATE.

Read the first time and referred to the General Committee.

S. 1033 -- Senator Jackson: A BILL TO AMEND SUBARTICLE 7, ARTICLE 9, CHAPTER 7, TITLE 20, RELATING TO THE DISPOSITIONAL POWERS OF THE FAMILY COURT, BY ADDING SECTION 20-7-1331, SO AS TO ENACT THE "YOUTH MENTOR ACT", TO REQUIRE THE ATTORNEY GENERAL TO ESTABLISH A YOUTH MENTOR PROGRAM, CONSISTING OF A CHURCH MENTOR PROGRAM AND A COMMUNITY MENTOR PROGRAM, AND TO PROVIDE THAT PARTICIPATION IN THE PROGRAM MAY BE REQUIRED AS A PRETRIAL DIVERSION OPTION BY A SOLICITOR OR AS AN OPTIONAL, ALTERNATIVE DISPOSITION OF A CASE BY A FAMILY COURT JUDGE; AND TO AMEND SECTION 20-7-1330, RELATING TO DISPOSITION OF CASES INVOLVING CHILDREN WITHIN THE JURISDICTION OF THE FAMILY COURT, SO AS TO ADD AS A DISPOSITIONAL POWER OF THE COURT THE POWER TO ORDER A CHILD TO PARTICIPATE IN A COMMUNITY MENTOR PROGRAM AS PROVIDED IN SECTION 20-7-1331.

The House returned the Bill with amendments.

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

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

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

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

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

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

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

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

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

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

The Education Committee proposed the following amendment (S-EDUC\3055.1), which was adopted:

Amend the bill, as and if amended, on page 1, line 24 by striking /sign language/ and inserting:

/Sign Language/.

Amend title to conform.

Senator J. VERNE SMITH proposed the following amendment (S-LCI\3055.001), which was adopted:

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

"Section 59-17-120. (A) The board of trustees of a school district may grant credit as an elective to a pupil who satisfactorily has completed a high school course in American Sign Language.

(B) The State Board of Education shall establish guidelines on the qualifications needed for those teaching an American Sign Language course and on a recommended course of study to be followed.

(C) The State Board of Education shall establish a task force to assist in the development of the guidelines pursuant to this section. The task force shall consist of nine members as follows:

(1) The President of the South Carolina Association of the Deaf, or his designee;

(2) A parent of a deaf child in a mainstreamed program;

(3) A parent of a deaf child in a residential program who is currently enrolled at the South Carolina School for the Deaf and Blind;

(4) A representative from the foreign language department of a college or university in South Carolina;

(5) The Director of the Interpreter Training Program of Spartanburg Technical College, or his designee;

(6) A representative from the South Carolina School for the Deaf and Blind;

(7) Two instructors of American Sign Language, one of whom must be deaf.

(8) A representative from the State Department of Education.

The task force shall be established within three months of the effective date of this act and shall terminate upon completion of the guidelines. The State Department of Education shall provide the necessary administrative and research support for the task force. Members of the task force shall serve without compensation."

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

Amend title to conform.

Senator J. VERNE SMITH explained the amendment.

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

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

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 (GJK\22778SD.96), which was adopted:

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

/SECTION 1.

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

Amend further, as and if amended, by striking the title and inserting:

/TO ENACT THE OMNIBUS HIGHWAY SAFETY ACT BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-285 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS AN ALCOHOL CONCENTRATION IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY; BY ADDING SECTION 56-5-2951 SO AS TO PROVIDE FOR AN ADMINISTRATIVE DRIVER'S LICENSE AND PERMIT REVOCATION PROCEDURE FOR A PERSON ARRESTED WHILE DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER

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