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/In the absence of an on-going proceeding, where the parties are not in agreement, the department may seek a declaratory ruling from the circuit court on the issue of whether the materials are privileged under Section 48-57-30 and whether the privilege, if existing, should be revoked pursuant to Section 48-57-50 or Section 48-57-60./

Amend the Committee Report further, as and if amended, SECTION 2, page [3624-5], by adding to the end of line 28 the following:

/Nothing in this section shall be construed to provide immunity from criminal penalties./

Amend the Committee Report further, as and if amended, SECTION 2, page [3624-5], by striking line 43 and continuing on to page [3624-6], by striking lines 1-4, and inserting:

/(1) specific permit conditions require monitoring or sampling records and reports or assessment plans and management plans to be maintained or submitted to the department pursuant to an established schedule;

(2) specific permit conditions, final departmental orders, or environmental laws require notification of releases to the environment;/

Amend the Committee Report further, as and if amended, page [3624-6], by striking SECTION 3 and inserting in lieu thereof the following:

/SECTION 3. This act takes effect upon approval by the Governor. The audit report privilege contained within this chapter does not apply to any administrative, civil, or criminal proceedings pending or any violations which were known or discovered by the owner or operator before the effective date of this act./

Amend title to conform.

Senator MOORE explained the amendment.

At 1:21 P.M., Senator PEELER assumed the Chair.

Senator MOORE continued explaining the amendment.

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

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

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

Mr. J. Michael Frazier, 731 Bucksport Road, Conway, S.C. 29527

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

Reappointments, Spartanburg County Voter Registration Board, with terms to commence March 15, 1996, and to expire March 15, 1998:

Mr. George F. Abernathy, 908 Iron Ore Road, Spartanburg, S.C. 29303

Mrs. Dodie W. Graham, 120 Somerset Lane, Spartanburg, S.C. 29302

On motion of Senator WALDREP, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. John K. Grisso, Jr. of Anderson, S.C.

At 1:32 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 11:25 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 prophet Isaiah spoke to his generation more than 700 years before Christ (49:6):

"I (Jehovah) will give you

as a light to the nations,

That my salvation may reach to

the end of the earth."
Let us pray.

O God, Who led the Hebrew children out of Egyptian bondage into the Promised Land, You are our hope in every age!

Lord, we believe that we are living in a transition period on this planet.

Never, in the history of mankind, has the world been so small and so interconnected, by air travel and highways, television, the computer, internet and telephone.

What a burden is laid upon us all for the welfare not only of our own people but of all the earth.

Help us all, who are really serious about life, to hear the voice of God Almighty,

"I will give you as a light to the nations,

That my salvation may reach to the end of

the earth."

Amen.

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

April 29, 1996
Mr. President and Members of the Senate:

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

Respectfully,
David M. Beasley

Initial Appointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 1996, and to expire April 1, 2000:

Midlands - Recipient/Donor/Family:

Lawrence F. McManus, M.D., 1463 Circle H Woods, Prosperity, S.C. 29127

Referred to the Committee on Finance.

Initial Appointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 1996, and to expire April 1, 1998:

Eye Bank:

Ms. Brenda S. Horn, Executive Director, South Carolina Lions Eye Bank, Inc., Storm Eye Institute, 171 Ashley Avenue, Charleston, S.C. 29425

Referred to the Committee on Finance.

April 30, 1996
Mr. President and Members of the Senate:

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

Respectfully,
David M. Beasley

Initial Appointments, Board of Directors of the Gift of Life Trust Fund, with terms to commence April 1, 1996, and to expire April 1, 1998:

Interested Party:

Donna A. Hollis, RN, Piedmont Medical Center, Post Office Box 2524 CRR, Rock Hill, S.C. 29731

Piedmont - Recipient/Donor/Family:

Mr. Jack D. Leard, 106 Moore Court, Simpsonville, S.C. 29681

Referred to the Committee on Finance.

Initial Appointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 1996, and to expire April 1, 1999:

Low Country - Recipient/Donor/Family:

Ms. Deborah E. O'Brien, 103 Kings Way, Summerville, S.C. 29485

Referred to the Committee on Finance.

Initial Appointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 1996, and to expire April 1, 2000:

Organ Procurement Organization:

Ms. Nancy A. Kay, Executive Director, South Carolina Organ Procurement Agency, Inc., 1064 Gardner Road, Suite 105, Charleston, S.C. 29407

Referred to the Committee on Finance.

May 7, 1996
Mr. President and Members of the Senate:

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

Respectfully,
David M. Beasley

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

Mr. Matthew S. Rhue, 1207 Granger Road, Conway, S.C. 29527

Received as information.

May 13, 1996
Mr. President and Members of the Senate:

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

Respectfully,
David M. Beasley

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

Honorable James A. Turner, 13 Sheridan Road, Charleston, S.C. 29407

Received as information.

Senator GREGORY introduced Dr. Roger Gaddy of Winnsboro, S.C., Doctor of the Day.

On motion of Senator BRYAN, at 11:35 A.M., Senator THOMAS was granted a leave of absence for today.

At 11:35 A.M., Senator GIESE requested a leave of absence from 5:00 - 6:15 P.M.

At 11:35 A.M., Senator COURSON requested a leave of absence beginning at 1:00 P.M., for the balance of the day.

At 12:20 P.M., Senator ROSE requested a leave of absence for himself and Senator MESCHER until 1:20 P.M.

At 12:20 P.M., Senator SALEEBY requested a leave of absence beginning at 1:30 P.M. until Tuesday, May 21, 1996, at 12:00 Noon.

Columbia, S.C., May 14, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Rep. Felder in lieu of Rep. Harrison of the Committee of Conference on the part of the House on:

H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE

Received as information.

Columbia, S.C., May 14, 1996

Mr. President and Senators:

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

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

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 14, 1996

Mr. President and Senators:

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

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.
asks for a Committee of Conference, and has appointed Reps. Jaskwhich, Gamble and McMahand of the committee on the part of the House.

Very respectfully,
Speaker of the House

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

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

On motion of Senator COURTNEY, the Senate insisted upon its amendments to H. 3228 and asked for a Committee of Conference.

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

Columbia, S.C., May 14, 1996

Mr. President and Senators:

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

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

Very respectfully,
Speaker of the House

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