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H. 4005 -- Reps. Richardson and Cato: A BILL TO AMEND SECTION 38-77-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE AND THE SOUTH CAROLINA REINSURANCE FACILITY AND THE FACILITY'S DUTIES GENERALLY, SO AS TO PROVIDE THAT FOR MULTI-VEHICLE INSURANCE POLICIES, ONE OR MORE VEHICLES MAY BE CEDED TO THE FACILITY AS LONG AS THE INSURER IDENTIFIES TO THE FACILITY AND THE INSURED PRECISELY WHICH VEHICLES ARE RETAINED AND WHICH ARE CEDED AND THE RATE LEVEL FOR EACH VEHICLE.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (S-INS-001) proposed by Senators LAND and SALEEBY and previously printed in the Journal of Wednesday, January 31, 1996.

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

S. 267 -- Senator Passailaigue: A BILL TO AMEND ARTICLE 7, CHAPTER 3, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGE FORECLOSURE, BY ADDING SECTION 29-3-800, SO AS TO PROVIDE THAT CONTRACTUAL PROVISIONS FOR ATTORNEY FEES IN THE AMOUNT OF A SPECIFIED PERCENTAGE OF THE BALANCE DUE UPON DEFAULT OF A MORTGAGE OR NOTE ARE UNCONSCIONABLE, THAT IN FORECLOSURE ACTIONS THE COURT MUST MAKE A FINDING AS TO THE REASONABLENESS OF ATTORNEY FEES NOTWITHSTANDING ANY CONTRACTUAL PROVISION THAT WOULD AWARD ATTORNEY FEES AS A SPECIFIED PERCENTAGE OF THE BALANCE DUE UPON DEFAULT, AND THAT PARTIES TO A FORECLOSURE ACTION MAY AGREE TO THE AMOUNT OF ATTORNEY FEES DUE, AND IN THE EVENT THE PARTIES REACH SUCH AN AGREEMENT, THE COURT IS NOT REQUIRED TO MAKE A FINDING AS TO THE REASONABLENESS OF THE ATTORNEY FEES.

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

There was no objection.

Senator PASSAILAIGUE explained the Bill.

The Bill was read the third time, passed and ordered sent to the House of Representatives.

S. 325 -- Senators Hayes and Wilson: A BILL TO AMEND SECTION 14-7-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF PEREMPTORY CHALLENGES FOR DEFENDANTS AND THE STATE IN CRIMINAL CASES, SO AS TO EQUALIZE THE NUMBER OF PEREMPTORY CHALLENGES ALLOWED TO DEFENDANTS AND THE STATE IN CRIMINAL CASES.

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

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

S. 320 -- Senator Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-90, SO AS TO PROVIDE THAT A COUNTY OR MUNICIPALITY MAY BY ORDINANCE IMPOSE A FEE ON THE TRANSFER OF REAL PROPERTY, AND TO PROVIDE CERTAIN CONDITIONS UNDER WHICH THE FEE MAY BE IMPOSED.

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

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

S. 409 -- Senators McConnell, Drummond, Passailaigue and Mescher: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT BY ADDING CHAPTER 22 SO AS TO PROVIDE FOR CERTAIN KAYAKING AND CANOEING LIABILITY IMMUNITY

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

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

S. 788 -- Senators Jackson, O'Dell, Patterson, Waldrep, Russell, McConnell, Drummond, Land, Ryberg and Matthews: A BILL TO AMEND ARTICLE 1, CHAPTER 25, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-25-30 SO AS TO PROVIDE THAT BUS SHELTERS MAY BE ERECTED AND MAINTAINED WITHIN THE RIGHTS-OF-WAY OF PUBLIC ROADS UPON AUTHORIZATION OF THE APPROPRIATE GOVERNMENTAL AUTHORITY, AND TO PROVIDE FOR THE MANNER IN WHICH ADVERTISING MAY BE PLACED IN THESE BUS SHELTERS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (JUD0788.001) proposed by Senator COURTNEY and previously printed in the Journal of Wednesday, January 24, 1996.

On motion of Senator JACKSON, the Bill, with all amendments, was committed to the Committee on Transportation.

H. 3091 -- Reps. Cromer, Keyserling, Kirsh, Knotts and Shissias: A BILL TO AMEND SECTION 30-4-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS WHICH MAY BE CLOSED TO THE PUBLIC UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT THE MEETINGS OF A LEGISLATIVE CAUCUS MAY NOT BE CLOSED TO THE PUBLIC.

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

H. 3101 -- Reps. Shissias, Cromer, Wells, Kelley, Spearman, Richardson, Gamble, Lloyd and Phillips: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO PROVIDE THAT CHILD SUPPORT MUST BE ORDERED WHEN A CHILD IS PAST AGE EIGHTEEN BUT BEFORE AGE NINETEEN WHEN THE CHILD IS IN HIGH SCHOOL AND MAKING PROGRESS TOWARD COMPLETING HIGH SCHOOL AND TO PROVIDE EXCEPTIONS.

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

Senator THOMAS spoke on the Bill.

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

Senator McCONNELL objected.

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

On motion of Senator THOMAS, the Senate stood adjourned.

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

Initial Appointment, Charleston Naval Facilities Redevelopment Authority, with term to commence April 24, 1995, and to expire April 24, 1997:

Mr. James C. Bryan, Post Office Box 771, Summerville, S.C. 29484
VICE Arthur Ravenel, Jr.

Initial Appointment, Laurens County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999, service to commence April 1, 1996:

Mr. Harold Wayne Copeland, Route 2, Box 560, Clinton, S.C. 29325
VICE James R. Braswell (resigned)

On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Louis K. Raad of Rock Hill, S.C.

Senator THOMAS moved that when the Senate adjourns on Friday, February 9, 1996, it stand adjourned to meet next Tuesday, February 13, 1996, at 12:00 Noon, which motion was adopted.

At 1:05 P.M., on motion of Senator THOMAS, 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.

Senators McCONNELL, DRUMMOND, PEELER, COURSON and GREG SMITH desired to be recorded as voting against the motion to adjourn.

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 LANDER.

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. 4410 -- Reps. Hutson, G. Bailey, Cobb-Hunter, Harrell and Young-Brickell: A BILL TO AMEND SECTION 7-7-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DORCHESTER COUNTY, SO AS TO REVISE THESE PRECINCTS AND THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

(By prior motion of Senator ROSE)

At 11:15 A.M., on motion of Senator RYBERG, the Senate adjourned to meet next Tuesday, February 13, 1996, at 12:00 Noon.

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, 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, hear words from the Book of Proverbs, Chapter 2 (vv. 6, 10-11) (NRSV):

"For the Lord gives wisdom...

for wisdom will come into your heart,

and knowledge will be pleasant to

your soul; prudence will watch over you;

and understanding will guard you."
Let us pray.

Our Father-God, Your works and Your interaction in the lives of humanity have been seen and known by the children of the races throughout the ages.

By Your grace we come again from our homes to serve our people here.

Give inspiration from above as we sometimes stand toe-to-toe in debate as we wrestle with the issues that concern our common life.

Help us, in it all, to make our work a form of worship as we give our best in mind, body, and spirit to resolving the problems that bedevil our people.

Out of the heat, give us light!

Amen!

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

The following were introduced:

S. 1120 -- Senator McConnell: A BILL TO AMEND SECTION 38-7-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL LICENSE FEES AND TAXES UNDER THE STATE'S INSURANCE LAW, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE AND

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

S. 1121 -- Senator McConnell: A BILL TO AMEND SECTION 38-77-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNDERINSURED MOTORIST COVERAGE AND ADDITIONAL UNINSURED MOTORIST COVERAGE, SO AS TO PROVIDE THAT THERE IS NO REQUIREMENT FOR AN INSURER OR AN INSURANCE AGENT TO OFFER UNDERINSURED MOTORIST COVERAGE AT LIMITS LESS THAN THE STATUTORILY REQUIRED BODILY INJURY OR PROPERTY DAMAGE LIMITS.

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

S. 1122 -- Senator Giese: A JOINT RESOLUTION EXTENDING THE DEADLINE FOR APPLYING FOR AGRICULTURAL USE VALUATION FOR PROPERTY TAX YEAR 1995 THROUGH JULY 1, 1996.

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

S. 1123 -- Senator Reese: A BILL TO AMEND SECTION 23-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASE OF RIFLES OR SHOTGUNS, SO AS TO ALLOW RESIDENTS OF ANY STATE RATHER THAN ONLY RESIDENTS OF CONTIGUOUS STATES TO PURCHASE RIFLES AND SHOTGUNS IN THIS STATE.

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

S. 1124 -- Senator Fair: A BILL TO AMEND SECTION 16-3-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA 1976,

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

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.

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

S. 1126 -- Senator Waldrep: A BILL TO AMEND SECTION 5-25-1370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS OF THE PROVISIONS REQUIRING SMOKE DETECTORS, SO AS TO PROVIDE THAT A PERSON WHO VIOLATES THESE PROVISIONS ON FIRST OFFENSE IS GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, MUST BE FINED NOT MORE THAN ONE HUNDRED DOLLARS OR IMPRISONED FOR NOT MORE THAN THIRTY DAYS, AND TO INCREASE THE FINE FOR A SECOND OFFENSE FROM BETWEEN FIFTY DOLLARS AND TWO HUNDRED DOLLARS TO BETWEEN ONE HUNDRED DOLLARS AND FIVE HUNDRED DOLLARS.

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

S. 1127 -- Senators Cork and Washington: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REVISE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

Read the first time and ordered placed on the local and uncontested Calendar without reference.

S. 1128 -- Senator Giese: A SENATE RESOLUTION TO AMEND RULE 1, RULES OF THE SENATE, RELATING TO THE TIME OF THE DAILY MEETING, SO AS TO PROVIDE THAT THE SENATE

Be it resolved by the Senate:

That Rule 1, Rules of the Senate, is amended to read:

"The Senate, on the first day of each annual session, shall convene at 12 o'clock noon, and on adjournment thereafter, shall stand adjourned until 11 10 o'clock a.m. of the following session day as herein prescribed. The Senate shall meet on Tuesday, Wednesday, and Thursday for statewide matters and on Friday for local matters and uncontested matters which have previously received unanimous consent to be taken up. The Senate shall stand adjourned Saturday through Monday unless otherwise ordered by a majority vote of the members present in statewide session."

Referred to the Committee on Rules.

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

Be it resolved by the Senate:

That the first paragraph of Rule 49, Rules of the Senate, is amended to read:

"All invitations which are extended to the entire membership of the Senate must be referred to the Committee on Invitations for its consideration. The Senate may not accept any invitations to attend functions (social or otherwise) which are to be held at a club or organization which does not admit as members persons of all races, religions, colors, sexes, or national origins or which is to be held between the hours of noon and 2:00 p.m. The committee has the duty of determining whether or not the function is to be held at a club or organization which does not admit as members persons of all races, religions, colors, sexes, or national origins. Individual Senators may attend functions at any club without being censored or prejudiced in any manner."

Referred to the Committee on Rules.

S. 1130 -- Senators Giese, Bryan and McConnell: A SENATE RESOLUTION TO AMEND RULE 1, RULES OF THE SENATE, RELATING TO THE TIME OF THE DAILY MEETING, SO AS TO

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