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 PRESIDENT.

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

Beloved, hear a word about perspective from the Prophet Jeremiah, Chapter 31 (vv. 4,6): At the joyful return of the Exiles, listen to what God said:

"Again I will build you, and you

shall be built, O virgin Israel!

Again you shall plant vineyards on

the mountains of Samaria..."
Let us pray.

O Lord, our Lord, we thank You for tipping the scales of life from despair over the human condition to joy in the faithfulness of a God that promises, and delivers, redemption!

So often our lives, like Jeremiah's are tilted out of balance by the formidable weight of daily struggles.

In these cold winter days, life becomes a great burden to many.

We lift up to You the "street people" of Columbia, our State, and across the lands of winter storms. Some suffer through no fault of their own and we wonder what to do and how to do. Then we give thanks for the Salvation Army, the Oliver Gospel Mission, and the nameless individuals and groups who do what they can.

Help us in our common life to put first things first, and so hear again the words:

"For there shall be a day when sentinels

will call in the hill country of Ephraim;

'Come, let us go up to Zion,

to the Lord our God'..."

Amen.

At 11:05 A.M., Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.

At 11:05 A.M., on motion of Senator GIESE, the Senate stood in recess not to exceed ten minutes.

At 11:18 A.M., the Senate resumed.

Senator PATTERSON introduced Dr. Gerald A. Wilson of Columbia, S.C., Doctor of the Day.

On motion of Senator McGILL, at 11:20 A.M., Senator O'DELL was granted a leave of absence until 12:00 Noon.

At 11:20 A.M., Senator FAIR requested a leave of absence for the balance of the day.

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

August 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

Initial Appointment, South Carolina Board of Long Term Health Care Administrators, with term to commence June 9, 1996, and to expire June 9, 1999:

Long Term Care Council:

Mr. Brown McCallum, Jr., 101 Greenhouse Court, Columbia, S.C. 29212 VICE Ruth Q. Seigler

Referred to the Committee on Medical Affairs.

August 23, 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

Initial Appointment, State Athletic Commission, with term to commence June 30, 1994, and to expire June 30, 1998:

5th Congressional District:

Mr. Robert J. Crisp, 1587 North Jim McCarter Road, Clover, S.C. 29710 VICE A. Craig Drennon (vacated)

Referred to the General Committee.

October 10, 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, South Carolina Commission on Disabilities and Special Needs, with term to commence June 30, 1996, and to expire June 30, 2000:

1st Congressional District:

Mrs. Kitty S. Mescher, Post Office Box 1, Pinopolis, S.C. 29469-0001

Referred to the Committee on Medical Affairs.

January 2, 1997
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

Initial Appointment, Commission on Higher Education, with term to commence July 1, 1996, and to expire July 1, 2000:

At-Large:

Ms. Dianne Chinnes, President and CEO, Junior Achievement of Greater Columbia, Inc., Post Office Box 532, Columbia, S.C. 29202 VICE Roger B. Whaley (resigned)

Referred to the Committee on Education.

January 8, 1997
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 members of the
General Assembly for the 2nd Congressional District," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Reappointment, State Board for Technical and Comprehensive Education, with term to commence July 1, 1997, and to expire July 1, 2003:

2nd Congressional District:

Ms. Cathy B. Novinger, 119 Mill Pond Road, Cayce, S.C. 29033

Referred to the Committee on Education.

The following were received and referred to the appropriate committees for consideration:

Document No. 2046
Promulgated by Department of Transportation
Scenic Byways
Received by Lt. Governor January 13, 1997
Referred to Senate Committee on Transportation
120 day review expiration date May 13, 1997

Document No. 2058
Promulgated by Department of Revenue
Repeal of Obsolete Regulations
Received by Lt. Governor January 17, 1997
Referred to Senate Committee on Finance
120 day review expiration date May 17, 1997

Document No. 2061
Promulgated by Department of Labor, Licensing and Regulation - Office of State Fire Marshal
Proximate Audience Pyrotechnics
Received by Lt. Governor October 31, 1996
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date May 13, 1997

Document No. 2062
Promulgated by Department of Labor, Licensing and Regulation - Office of the State Fire Marshal
National Fire Protection Association Pamphlet No. 58
Received by Lt. Governor October 31, 1996
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date May 13, 1997

Document No. 2063
Promulgated by Department of Health and Environmental Control
30-12. Specific Project Standards For Tidelands And Coastal Waters
Received by Lt. Governor October 10, 1996
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date May 13, 1997

Document No. 2069
Promulgated by Board of Financial Institutions
15-63. Adjustment of Dollar Amounts
Received by Lt. Governor September 30, 1996
Referred to Senate Committee on Banking and Insurance
120 day review expiration date May 13, 1997

Document No. 2071
Promulgated by Department of Health and Environmental Control
Drycleaning Facility Restoration
Received by Lt. Governor January 14, 1997
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 14, 1997

Document No. 2072
Promulgated by Department of Health and Environmental Control
61-79. Hazardous Waste Management
Received by Lt. Governor January 13, 1997
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 13, 1997

Document No. 2097
Promulgated by Board of Education
43-270. Attendance (Repeal)
Received by Lt. Governor December 12, 1996
Referred to Senate Committee on Education
120 day review expiration date May 13, 1997

Document No. 2100
Promulgated by Department of Labor, Licensing and Regulation - Board of Veterinary Medical Examiners
Complete Chapter Revision
Received by Lt. Governor December 12, 1996
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date May 13, 1997

Document No. 2101
Promulgated by Department of Social Services
Food Stamp Program Electronic Benefits Transfer
Received by Lt. Governor January 14, 1997
Referred to Senate General Committee
120 day review expiration date May 14, 1997

Document No. 2103
Promulgated by Department of Revenue
Temporary Beer, Wine & Alcoholic Liquor Permits
Received by Lt. Governor January 17, 1997
Referred to Senate Committee on Judiciary
120 day review expiration date May 17, 1997

Document No. 2106
Promulgated by State Ethics Commission
Ethics, Government Accountability, Campaign Reform
Received by Lt. Governor January 8, 1997
Referred to Senate Committee on Judiciary
120 day review expiration date May 13, 1997

Document No. 2110
Promulgated by Department of Labor, Licensing and Regulation - Board of Cosmetology
Qualifications and Provisions for Licensure
Received by Lt. Governor January 17, 1997
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date May 17, 1997

Document No. 2116
Promulgated by Workers' Compensation Commission
Workers' Compensation
Received by Lt. Governor January 13, 1997
Referred to Senate Committee on Judiciary
120 day review expiration date May 13, 1997

Document No. 2117
Promulgated by Department of Education
43-130. Accreditation Standards Filed (Repeal)
Received by Lt. Governor January 13, 1997
Referred to Senate Committee on Education
120 day review expiration date May 13, 1997

Document No. 2118
Promulgated by Department of Education
43-164. Administrative Personnel Positions (Repeal)
Received by Lt. Governor January 13, 1997
Referred to Senate Committee on Education
120 day review expiration date May 13, 1997

Document No. 2119
Promulgated by Department of Education
43-165. Qualifications and Duties Administrative Personnel (Repeal)
Received by Lt. Governor January 13, 1997
Referred to Senate Committee on Education
120 day review expiration date May 13, 1997

Document No. 2120
Promulgated by Department of Education
43-204. Professional Personnel Positions (Repeal)
Received by Lt. Governor January 13, 1997
Referred to Senate Committee on Education
120 day review expiration date May 13, 1997

Document No. 2121
Promulgated by Department of Education
43-208. Professional Personnel Workload (Repeal)
Received by Lt. Governor January 13, 1997
Referred to Senate Committee on Education
120 day review expiration date May 13, 1997

Document No. 2122
Promulgated by Department of Education
43-230. Pilot Projects (Repeal)
Received by Lt. Governor January 13, 1997
Referred to Senate Committee on Education
120 day review expiration date May 13, 1997

Document No. 2123
Promulgated by Department of Education
43-231. Defined Program K-5
Received by Lt. Governor January 13, 1997
Referred to Senate Committee on Education
120 day review expiration date May 13, 1997

Document No. 2124
Promulgated by Department of Education
43-232. Defined Program 9-12
Received by Lt. Governor January 13, 1997
Referred to Senate Committee on Education
120 day review expiration date May 13, 1997

Document No. 2125
Promulgated by Department of Education
43-232.1. College Preparatory Programs (Repeal)
Received by Lt. Governor January 13, 1997
Referred to Senate Committee on Education
120 day review expiration date May 13, 1997

Document No. 2126
Promulgated by Department of Education
43-234. Defined Program 6-8 (Amended Title)
Received by Lt. Governor January 13, 1997
Referred to Senate Committee on Education
120 day review expiration date May 13, 1997

Document No. 2127
Promulgated by Department of Education
43-235. Curriculum for Grades 9-12 (Repeal)
Received by Lt. Governor January 13, 1997
Referred to Senate Committee on Education
120 day review expiration date May 13, 1997

Document No. 2128
Promulgated by Department of Education
43-236. Area Vocational Centers (Repeal)
Received by Lt. Governor January 13, 1997
Referred to Senate Committee on Education
120 day review expiration date May 13, 1997

Document No. 2129
Promulgated by Department of Education
43-239. Drug Education (Repeal)
Received by Lt. Governor January 13, 1997
Referred to Senate Committee on Education
120 day review expiration date May 13, 1997

Document No. 2130
Promulgated by Department of Education
43-240. Summer Programs
Received by Lt. Governor January 13, 1997
Referred to Senate Committee on Education
120 day review expiration date May 13, 1997

Document No. 2131
Promulgated by Department of Education
43-247. Class Size (Repeal)
Received by Lt. Governor January 13, 1997
Referred to Senate Committee on Education
120 day review expiration date May 13, 1997

Document No. 2132
Promulgated by Department of Education
43-248. Scheduling for Instruction (Repeal)
Received by Lt. Governor January 13, 1997
Referred to Senate Committee on Education
120 day review expiration date May 13, 1997

Document No. 2133
Promulgated by Department of Education
43-249. Instructional Resources (Repeal)
Received by Lt. Governor January 13, 1997
Referred to Senate Committee on Education
120 day review expiration date May 13, 1997

Document No. 2134
Promulgated by Department of Education
43-253. School Libraries (Repeal)
Received by Lt. Governor January 13, 1997
Referred to Senate Committee on Education
120 day review expiration date May 13, 1997

Document No. 2135
Promulgated by Department of Education
43-255. Field Trips and Excursions (Repeal)
Received by Lt. Governor January 13, 1997
Referred to Senate Committee on Education
120 day review expiration date May 13, 1997

Document No. 2136
Promulgated by Department of Education
43-256. Guidance Program (Repeal)
Received by Lt. Governor January 13, 1997
Referred to Senate Committee on Education
120 day review expiration date May 13, 1997

Document No. 2137
Promulgated by Department of Education
43-258.1. Advanced Placement
Received by Lt. Governor January 13, 1997
Referred to Senate Committee on Education
120 day review expiration date May 13, 1997

Document No. 2138
Promulgated by Department of Education
43-259. Graduation Requirements
Received by Lt. Governor January 13, 1997
Referred to Senate Committee on Education
120 day review expiration date May 13, 1997

Document No. 2139
Promulgated by Department of Education
43-277. Student Records (Repeal)
Received by Lt. Governor January 13, 1997
Referred to Senate Committee on Education
120 day review expiration date May 13, 1997

The following were introduced:

S. 244 -- Senator McGill: A CONCURRENT RESOLUTION TO REQUEST THAT THE UNITED STATES FISH AND WILDLIFE SERVICES AND THE CAPE ROMAIN NATIONAL WILDLIFE REFUGE KEEP THE SOUTH CAROLINA SENATE FISH, GAME, AND FORESTRY COMMITTEE AND THE AGRICULTURE AND NATIONAL RESOURCES COMMITTEE OF THE HOUSE OF REPRESENTATIVES ABREAST OF ALL ACTIVITIES RELATING TO THE PROPOSED CREATION OF A NATIONAL WILDLIFE REFUGE IN GEORGETOWN, HORRY, AND MARION COUNTIES, NORTH OF WINYAH BAY.

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

S. 245 -- Senators Holland and McConnell: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. ELISE J. BOURNE OF GEORGETOWN UPON HER DEATH.

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

S. 246 -- Senators Jackson and Short: A BILL TO AMEND SECTION 59-29-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL EDUCATION REQUIREMENTS IN SCHOOLS, SO AS TO PROVIDE THAT TRAINING IN A DISCIPLINE THAT PROVIDES FOR A COMPARABLE AMOUNT OF RIGOROUS PHYSICAL ACTIVITY, AS DETERMINED BY THE DEPARTMENT OF EDUCATION, MAY BE DEEMED EQUIVALENT TO PHYSICAL EDUCATION INSTRUCTION AND MAY BE ACCEPTED IN LIEU OF SUCH INSTRUCTION.

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

S. 247 -- Senators Reese and Ford: A BILL TO AMEND SECTION 1-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZATION OF THE STATE BUDGET AND CONTROL BOARD, THROUGH THE OFFICE OF INSURANCE SERVICES, TO PROVIDE INSURANCE TO CERTAIN ENTITIES AND PERSONNEL, SO AS TO AUTHORIZE THE PROVIDING OF INSURANCE FOR STATE CONSTABLES TO PROTECT THESE PERSONNEL AGAINST TORT LIABILITY.

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

S. 248 -- Senator Bryan: A BILL TO AMEND SECTION 50-11-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO PROVIDE THAT IN THE CENTRAL PIEDMONT AND WESTERN PIEDMONT HUNT UNITS, MAN DRIVES ARE PERMITTED ON THE LAST FOUR SCHEDULED EITHER-SEX DAYS IN THE MONTH OF DECEMBER.

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 249 -- Senators Ford, Glover, Matthews, Hutto, Washington, Anderson, Land, Williams and Jackson: A BILL TO AMEND SECTION 53-5-10, RELATING TO LEGAL HOLIDAYS, SO AS TO PROVIDE THAT MARTIN LUTHER KING'S BIRTHDAY AND CONFEDERATE MEMORIAL DAY SHALL BE REGULAR RATHER THAN OPTIONAL HOLIDAYS AND TO DELETE REFERENCES TO ROBERT E. LEE'S BIRTHDAY AND JEFFERSON DAVIS' BIRTHDAY AS OPTIONAL HOLIDAYS.

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

S. 250 -- Senators Reese and Ford: A BILL TO AMEND SECTION 42-1-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION LAW AND THE DEFINITION OF "EMPLOYEE", SO AS TO PROVIDE THAT THAT TERM INCLUDES ALL STATE CONSTABLES WHILE PERFORMING DUTIES IN CONNECTION WITH THEIR APPOINTMENT; AND TO AMEND SECTION 42-7-65, AS AMENDED, RELATING TO THE DESIGNATION OF THE TOTAL AVERAGE WEEKLY WAGE FOR CERTAIN CATEGORIES OF EMPLOYEES FOR PURPOSES OF THE WORKERS' COMPENSATION LAW, SO AS TO SET FORTH THE TOTAL AVERAGE WEEKLY WAGE FOR VOLUNTEER SOUTH CAROLINA STATE CONSTABLES WITHOUT COMPENSATION AND DEFINE "VOLUNTEER SOUTH CAROLINA STATE CONSTABLE WITHOUT COMPENSATION".

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

S. 251 -- Senators Lander, Short, Courson, McConnell, Leatherman, Moore, Rankin, Wilson, Bryan and Martin: A BILL TO AMEND SECTION 7-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTESTS AND CONTESTS, SO AS TO DELETE MEMBERS OF THE HOUSE OF REPRESENTATIVES FROM THE LIST OF OFFICERS WHO MUST FILE PROTESTS WITH THE CHAIRMAN OF THE COUNTY PARTY EXECUTIVE COMMITTEE; TO AMEND SECTION 7-17-530, RELATING TO HEARINGS BY A COUNTY PARTY EXECUTIVE COMMITTEE, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL PAY FOR THE COSTS OF THE COURT REPORTER AND TRANSCRIPTS OF THE HEARING AND TO FURTHER PROVIDE THAT A TRANSCRIPT MUST BE FILED WITH THE STATE EXECUTIVE COMMITTEE; TO AMEND SECTION 7-17-550, RELATING TO THE HEARING OF APPEALS BY THE STATE EXECUTIVE COMMITTEE, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL PAY FOR THE COSTS OF THE COURT REPORTER AND THE TRANSCRIPT OF THE HEARING; AND TO AMEND SECTION 7-17-560, RELATING TO THE HEARING OF CERTAIN PROTESTS AND CONTESTS, SO AS TO PROVIDE THAT THE STATE EXECUTIVE COMMITTEE SHALL HEAR AND DECIDE PROTESTS AND CONTESTS FOR THE OFFICES OF STATE SENATE AND HOUSE OF REPRESENTATIVES.

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

S. 252 -- Senators Bryan and J. Verne Smith: A BILL TO AMEND ARTICLE 5, CHAPTER 20, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE OF FACILITIES AND PROGRAMS UNDER THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, BY ADDING SECTION 44-20-1010 TO PROVIDE THAT THE DEPARTMENT, ANY ENTITY LICENSED BY THE DEPARTMENT, AND ANY ENTITY ESTABLISHED BY THE STATE OR ITS POLITICAL SUBDIVISIONS MAY OBTAIN FROM SLED A STATE CRIMINAL HISTORY AND AN FBI FINGERPRINT REVIEW TO DETERMINE THE CRIMINAL HISTORY OF AN EMPLOYEE, SERVICE PROVIDER, OR APPLICANT; TO PROVIDE THAT SLED MAY NOT IMPOSE A LARGER FEE THAN THE FEE IMPOSED BY THE FBI FOR CONDUCTING THE FBI FINGERPRINT REVIEW; AND TO AMEND ARTICLE 3, CHAPTER 7, TITLE 44 OF THE 1976 CODE, RELATING TO THE HEALTH FACILITY LICENSURE ACT, BY ADDING SECTION 44-7-263, SO AS TO PROVIDE THAT ANY ENTITY LICENSED UNDER THE ACT AND ANY ENTITY ESTABLISHED BY THE STATE OR ITS POLITICAL SUBDIVISIONS THAT PERFORM FUNCTIONS SIMILAR IN NATURE TO THESE ENTITIES MAY OBTAIN FROM SLED A STATE CRIMINAL HISTORY AND AN FBI FINGERPRINT REVIEW TO DETERMINE THE CRIMINAL HISTORY OF AN EMPLOYEE, SERVICE PROVIDER, OR APPLICANT; AND TO PROVIDE THAT SLED MAY NOT IMPOSE A LARGER FEE THAN THE FEE IMPOSED BY THE FBI FOR CONDUCTING THE FBI FINGERPRINT REVIEW.

Read the first time and referred to the Committee on Medical Affairs.

S. 253 -- Senators Land, Hayes and Lander: A BILL TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLATIONS OF THE SAFETY BELT LAW, SO AS TO INCREASE THE PENALTIES FROM TEN TO TWENTY-FIVE DOLLARS FOR A VIOLATION AND FROM TWENTY TO FIFTY DOLLARS FOR EACH INCIDENT AND TO DELETE THE PROVISION PROHIBITING A LAW ENFORCEMENT OFFICER FROM STOPPING A DRIVER FOR A VIOLATION IN THE ABSENCE OF A VIOLATION OF ANOTHER MOTOR VEHICLE LAW.

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

S. 254 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 56-9-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT AND DEFINITIONS, SO AS TO PROVIDE A DEFINITION FOR "UNINSURED MOTORIST FUND"; TO AMEND CHAPTER 10, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, BY ADDING ARTICLE 5 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF AN UNINSURED MOTORIST FUND; TO AMEND SECTION 38-73-470, AS AMENDED, RELATING TO PROPERTY, CASUALTY, AND INLAND MARINE INSURANCE, SURETY RATES, RATE-MAKING ORGANIZATIONS, AND DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT ONE DOLLAR OF THE YEARLY PREMIUM BE PLACED ON DEPOSIT WITH THE STATE TREASURER IN THE "UNINSURED ENFORCEMENT FUND"; TO AMEND SECTION 38-73-910, AS AMENDED, RELATING TO INSURANCE, RATES, RATE-MAKING, RATE FILING, AND NOTICE OF HEARING AS A PREREQUISITE TO GRANTING OF RATE INCREASES AND EXCEPTIONS, SO AS TO, AMONG OTHER THINGS, DELETE "AUTOMOBILE INSURANCE" FROM THE LIST OF LINES OR TYPES OF INSURANCE FOR WHICH IT IS PROVIDED THAT NO INCREASE IN PREMIUM RATES MAY BE GRANTED UNDER CERTAIN CONDITIONS AND CIRCUMSTANCES, AND PROVIDE THAT, EXCEPT AS PROVIDED IN THIS SECTION, OVERALL AVERAGE RATE LEVEL INCREASES OR DECREASES FOR ALL COVERAGES COMBINED OF SEVEN PERCENT ABOVE OR BELOW THE INSURER'S RATES IN EFFECT MAY TAKE EFFECT WITHOUT PRIOR APPROVAL WITH RESPECT TO RATES FOR AUTOMOBILE INSURANCE POLICIES; BY ADDING SECTION 38-73-736 SO AS TO PROVIDE THAT ANY SCHEDULE OF RATES, RATE CLASSIFICATIONS, OR RATING PLANS FOR AUTOMOBILE INSURANCE AS DEFINED IN SECTION 38-77-30 FILED WITH THE DEPARTMENT OF INSURANCE MUST PROVIDE FOR AN APPROPRIATE REDUCTION IN PREMIUM CHARGES FOR THOSE INSURED PERSONS WHO ARE FIFTY-FIVE YEARS OF AGE AND OLDER AND WHO QUALIFY AS PROVIDED IN SECTION 38-73-737; TO AMEND SECTION 38-77-10, AS AMENDED, RELATING TO THE DECLARATION OF THE PURPOSE OF THE AUTOMOBILE INSURANCE LAW, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, THAT ONE OF THE PURPOSES IS TO PROVIDE FOR AN ASSIGNED RISK PLAN KNOWN AS THE "SOUTH CAROLINA AUTOMOBILE INSURANCE PLAN" FOR CERTAIN PERSONS; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND DEFINITIONS, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN DEFINITIONS AND PROVIDE DEFINITIONS FOR "CANCELLATION", "FACILITY PHYSICAL DAMAGE RATE", "INSTITUTIONAL SOURCE", "INSURER SUPPORT ORGANIZATION", AND "POLICY OF AUTOMOBILE INSURANCE"; BY ADDING SECTION 38-77-596 SO AS TO PROVIDE THAT THE GOVERNING BOARD OF THE SOUTH CAROLINA REINSURANCE FACILITY ANNUALLY SHALL DEVELOP AND FILE PRIVATE PASSENGER AUTOMOBILE LOSS COMPONENTS FOR AUTOMOBILE INSURANCE COVERAGES BASED ON THE TOTAL EXPERIENCE OF ALL RISKS CEDED TO THE FACILITY WHICH ARE ACTUARIALLY SOUND AND SUPPORTED BY STATISTICAL EVIDENCE; TO AMEND SECTION 38-77-112, AS AMENDED, RELATING TO THE AUTOMOBILE INSURANCE LAW, THE REQUIREMENT THAT AN APPLICANT FOR, OR POLICYHOLDER OF, SUCH INSURANCE HAVE A DRIVER'S LICENSE AND EXCEPTIONS SO AS TO, AMONG OTHER THINGS, REQUIRE THAT AT THE TIME OF APPLICATION AN INSURER OR AN AGENT RETAIN FOR A PERIOD OF THREE YEARS THE DRIVER'S LICENSE NUMBERS FOR ALL APPLICANTS WHO WERE REFUSED COVERAGE AND FURNISH THIS INFORMATION TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE UPON REQUEST; TO AMEND SECTION 38-77-120, AS AMENDED, RELATING TO REQUIREMENTS FOR NOTICE OF CANCELLATION OF OR REFUSAL TO RENEW AN AUTOMOBILE INSURANCE POLICY, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE REQUIRED NOTICE MUST PROVIDE FOR THE NOTIFICATION REQUIRED BY SECTION 38-77-390(B) AND PROVIDE FOR CERTAIN EXCEPTIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-121 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ANY APPLICATION FOR THE ORIGINAL ISSUANCE OF A POLICY OF AUTOMOBILE INSURANCE COVERING LIABILITY ARISING OUT OF THE OWNERSHIP, MAINTENANCE, OR USE OF ANY MOTOR VEHICLE AS DEFINED IN SECTION 38-77-30 MUST HAVE A CERTAIN STATEMENT PRINTED ON OR ATTACHED TO THE FIRST PAGE OF THE APPLICATION FORM; BY ADDING SECTION 38-77-122 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO INSURER OR AGENT SHALL REFUSE TO ISSUE AN AUTOMOBILE INSURANCE POLICY AS DEFINED IN SECTION 38-77-30 BECAUSE OF THE APPLICANT'S AGE, SEX, LOCATION OF RESIDENCE IN SOUTH CAROLINA, RACE, COLOR, CREED, NATIONAL ORIGIN, ANCESTRY, MARITAL STATUS, INCOME LEVEL, PREVIOUS REFUSAL OF AUTOMOBILE INSURANCE BY ANOTHER INSURER, PRIOR PURCHASE OF INSURANCE THROUGH THE SOUTH CAROLINA AUTOMOBILE INSURANCE PLAN, OR LAWFUL OCCUPATION, INCLUDING MILITARY SERVICE; BY ADDING SECTION 38-77-123 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO INSURER SHALL REFUSE TO RENEW AN AUTOMOBILE INSURANCE POLICY BECAUSE OF CERTAIN SPECIFIED FACTORS AND THAT NOTHING IN THIS SECTION REQUIRES AN INSURER TO RENEW A POLICY OF AUTOMOBILE INSURANCE WHERE THE INSURED'S OCCUPATION HAS CHANGED SO AS TO MATERIALLY INCREASE THE RISK; BY ADDING SECTION 38-77-124 SO AS TO PROVIDE THAT NO INSURER OR AGENT SHALL REFUSE TO ISSUE OR FAIL TO RENEW A POLICY OF MOTOR VEHICLE LIABILITY INSURANCE SOLELY BECAUSE OF THE AGE OF THE MOTOR VEHICLE TO BE INSURED SO LONG AS THE MOTOR VEHICLE IS LICENSED; BY ADDING SECTION 38-77-141 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO NEW POLICY OR ORIGINAL PREMIUM NOTICE OF INSURANCE COVERING LIABILITY ARISING OUT OF THE OWNERSHIP, MAINTENANCE, OR USE OF A MOTOR VEHICLE MAY BE ISSUED OR DELIVERED UNLESS IT CONTAINS A CERTAIN STATEMENT PRINTED IN BOLDFACE TYPE OR UNLESS THAT STATEMENT IS ATTACHED TO THE FRONT OF OR IS ENCLOSED WITH THE POLICY OR PREMIUM NOTICE; BY ADDING SECTION 38-77-142 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO POLICY OR CONTRACT OF BODILY INJURED OR PROPERTY DAMAGE LIABILITY INSURANCE COVERING LIABILITY ARISING FROM THE OWNERSHIP, MAINTENANCE, OR USE OF A MOTOR VEHICLE MAY BE ISSUED OR DELIVERED IN SOUTH CAROLINA TO THE OWNER OF THE VEHICLE OR MAY BE ISSUED OR DELIVERED BY AN INSURER LICENSED IN SOUTH CAROLINA UPON A MOTOR VEHICLE THAT IS PRINCIPALLY GARAGED, DOCKED, OR USED IN THIS STATE UNLESS THE POLICY CONTAINS A PROVISION INSURING THE NAMED INSURED AND ANY OTHER PERSON USING OR RESPONSIBLE FOR THE USE OF THE MOTOR VEHICLE WITH THE EXPRESSED OR IMPLIED CONSENT OF THE NAMED INSURED AGAINST LIABILITY FOR DEATH OR INJURY SUSTAINED OR LOSS OR DAMAGE INCURRED WITHIN THE COVERAGE OF THE POLICY OR CONTRACT AS A RESULT OF NEGLIGENCE IN THE OPERATION OR USE OF THE VEHICLE BY THE NAMED INSURED OR BY ANY SUCH PERSON; BY ADDING SECTION 38-77-143 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A POLICY OR CONTRACT OF BODILY INJURY OR PROPERTY DAMAGE LIABILITY INSURANCE RELATING TO THE OWNERSHIP, MAINTENANCE, OR USE OF A MOTOR VEHICLE EXCLUDES COVERAGE TO PERSONS OTHER THAN THE NAMED INSURED OR DIRECTORS, STOCKHOLDERS, PARTNERS, AGENTS, OR EMPLOYEES OF THE NAMED INSURED, OR RESIDENTS OF THE HOUSEHOLD OF EITHER OF THESE GROUPS WHILE THOSE PERSONS ARE EMPLOYED OR OTHERWISE ENGAGED IN THE BUSINESS OF SELLING, REPAIRING, SERVICING, STORING, OR PARKING MOTOR VEHICLES IF THERE IS ANY OTHER VALID OR COLLECTIBLE INSURANCE APPLICABLE TO THE SAME LOSS COVERING THE PERSONS UNDER A POLICY WITH LIMITS AT LEAST EQUAL TO THE FINANCIAL RESPONSIBILITY REQUIREMENTS SPECIFIED IN SECTION 38-77-140; BY ADDING SECTION 38-77-151 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ALL FUNDS COLLECTED BY THE DIRECTOR OF THE DEPARTMENT OF REVENUE UNDER CHAPTER 10, TITLE 56 MUST BE PLACED ON DEPOSIT WITH THE STATE TREASURER AND HELD IN A SPECIAL FUND TO BE KNOWN AS THE "UNINSURED MOTORISTS FUND" TO BE DISBURSED AS PROVIDED BY LAW; BY ADDING SECTION 38-77-154 SO AS TO PROVIDE THAT THE UNINSURED MOTORISTS FUND SHALL BE UNDER THE SUPERVISION AND CONTROL OF THE DEPARTMENT OF INSURANCE, REQUIRE PAYMENTS FROM THIS FUND TO BE MADE ON WARRANTS OF THE COMPTROLLER GENERAL ISSUED ON VOUCHERS SIGNED BY A PERSON DESIGNATED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, AND SET FORTH THE PURPOSE OF THE FUND; BY ADDING SECTION 38-77-155 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE SHALL DISTRIBUTE MONIES ANNUALLY FROM THE UNINSURED MOTORISTS FUND AMONG THE SEVERAL INSURERS WRITING MOTOR VEHICLE BODILY INJURY AND PROPERTY DAMAGE LIABILITY INSURANCE ON MOTOR VEHICLES REGISTERED IN SOUTH CAROLINA; TO AMEND SECTION 38-77-140, RELATING TO BODILY INJURY AND PROPERTY DAMAGE LIMITS UNDER THE AUTOMOBILE INSURANCE LAW, SO AS TO RAISE THE MINIMUM LIMITS OF COVERAGE FOR INJURY TO OR DESTRUCTION OF PROPERTY OF OTHERS IN ANY ONE ACCIDENT; TO AMEND SECTION 38-77-150, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE, THE UNINSURED MOTORIST PROVISION, AND DEFENSE OF AN ACTION BY THE INSURER, SO AS TO PROVIDE FOR A MINIMUM OF TEN THOUSAND RATHER THAN FIVE THOUSAND DOLLARS COVERAGE FOR INJURY TO OR DESTRUCTION OF THE PROPERTY OF THE INSURED IN ANY ONE ACCIDENT, AND PROVIDE THAT BENEFITS PAID PURSUANT TO THIS SECTION ARE SUBJECT TO SUBROGATION AND ASSIGNMENT IF AN UNINSURED MOTORIST HAS SELECTED THE OPTION TO BE UNINSURED BY PAYING THE FEE PURSUANT TO SECTION 56-10-510; TO AMEND SECTION 38-77-350, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND THE FORM REQUIRED TO BE USED IN THE OFFERING OF OPTIONAL COVERAGES, SO AS TO DELETE CERTAIN PROVISIONS, INCLUDING THE PROVISION REGARDING POLICIES OF INSURANCE OFFERED OR ISSUED BY A NEW SERVICING CARRIER FOR THE REINSURANCE FACILITY TO REPLACE POLICIES PREVIOUSLY ISSUED BY A FORMER SERVICING CARRIER AND CONTAINING THE SAME COVERAGE LIMITS AS THE FORMER POLICIES; BY ADDING SECTION 38-77-370 SO AS TO PROVIDE THAT IF AN INDIVIDUAL, AFTER PROPER IDENTIFICATION, SUBMITS A WRITTEN REQUEST TO AN INSURANCE-SUPPORT ORGANIZATION FOR ACCESS TO RECORDED PERSONAL INFORMATION ABOUT THE INDIVIDUAL THAT IS REASONABLY DESCRIBED BY THE INDIVIDUAL AND ABLE TO BE LOCATED AND RETRIEVED BY THE INSURANCE-SUPPORT ORGANIZATION, THE INSURANCE-SUPPORT ORGANIZATION, WITHIN THIRTY BUSINESS DAYS FROM THE DATE THE REQUEST IS RECEIVED, SHALL TAKE CERTAIN ACTION, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS; BY ADDING SECTION 38-77-390 SO AS TO PROVIDE THAT IN THE EVENT OF A CANCELLATION OR NONRENEWAL OF AN AUTOMOBILE INSURANCE POLICY, INCLUDING CANCELLATIONS OR NONRENEWALS THAT INVOLVE POLICIES REFERRED TO IN SECTION 38-77-120, THE INSURER OR AGENT RESPONSIBLE FOR THE CANCELLATION OR NONRENEWAL SHALL GIVE CERTAIN WRITTEN NOTICE IN A FORM APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO THE APPLICANT, POLICYHOLDER, OR INDIVIDUAL PROPOSED FOR COVERAGE, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS; TO AMEND SECTION 38-77-530, AS AMENDED, RELATING TO THE PLAN OF OPERATION OF THE REINSURANCE FACILITY, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE PLAN MUST COMMENCE RECOUPMENT OF FACILITY ASSESSMENTS BY WAY OF A SURCHARGE ON PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE BUSINESS ISSUED BY A MEMBER OR THROUGH THE FACILITY, THAT THE SURCHARGE MUST BE A PERCENTAGE OF THE PREMIUM ADOPTED BY THE GOVERNING BOARD OF THE FACILITY, THAT THE CHARGES DETERMINED ON THE BASIS OF THE SURCHARGE MUST BE DISPLAYED AS A PART OF THE APPLICABLE PREMIUM CHARGES, AND THAT THE FACILITY SHALL CONVERT TO THE PERCENTAGE-OF-PREMIUM BASIS OF RECOUPMENT BY MARCH 1, 1998; TO AMEND SECTION 38-77-590, AS AMENDED, RELATING TO THE REINSURANCE FACILITY AND DESIGNATED PRODUCERS, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE THAT A PRODUCER DESIGNATED UNDER THIS SECTION MAY NOT WRITE NEW PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE BUSINESS TO BE PLACED IN THE FACILITY AFTER MARCH 1, 1998, AND THAT A POLICY WITH AN EFFECTIVE DATE AFTER MARCH 1, 2001, SHALL NOT BE ACCEPTED BY THE FACILITY; TO AMEND SECTION 38-77-595, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND CONDITIONS FOR DESIGNATION OF AN OTHERWISE INELIGIBLE APPLICANT FOR "DESIGNATED PRODUCER", SO AS TO PROVIDE THAT A PRODUCER DESIGNATED UNDER THIS SECTION MAY NOT WRITE NEW PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE BUSINESS TO BE PLACED IN THE FACILITY AFTER MARCH 1, 1998, AND THAT A POLICY WITH AN EFFECTIVE DATE AFTER MARCH 1, 2001, SHALL NOT BE ACCEPTED BY THE FACILITY; TO AMEND CHAPTER 77, TITLE 38, RELATING TO AUTOMOBILE INSURANCE, BY ADDING ARTICLE 8 SO AS TO ENACT PROVISIONS OF LAW CONCERNING "ASSIGNMENT OF RISKS"; TO PROVIDE THAT BEGINNING MARCH 1, 1998, INSURERS MAY NONRENEW A POLICY OF INSURANCE THAT THEY HAVE CURRENTLY CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY, AND PROVIDE THAT THIS PROVISION DOES NOT APPLY TO BUSINESS WRITTEN THROUGH THE DESIGNATED PRODUCERS; TO REPEAL ARTICLE 5, CHAPTER 77, TITLE 38, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND DESIGNATED PRODUCERS, EFFECTIVE JANUARY 1, 2005; TO REPEAL SECTION 38-73-450, RELATING TO THE FAIRNESS OF AUTOMOBILE INSURANCE RATES OR PREMIUM CHARGES AND BURDEN ON THE INSURER TO PROVE FAIRNESS, SECTION 38-73-455, RELATING TO AUTOMOBILE INSURANCE RATES, SECTION 38-73-457, RELATING TO THE REQUIREMENT UPON AUTOMOBILE INSURERS AND RATING ORGANIZATIONS TO FILE INFORMATION ON BASE RATES, SECTION 38-73-460, RELATING TO THE EFFECT OF GAINS AND LOSSES INCURRED BY MEMBER INSURERS OF THE REINSURANCE FACILITY ON RATES FOR AUTOMOBILE INSURANCE, SECTION 38-73-465, RELATING TO AUTOMOBILE INSURANCE AND UNFAIRLY DISCRIMINATORY, EXCESSIVE, OR UNREASONABLE PROFITS OR RATES, SECTION 38-73-720, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND THE POWER TO ESTABLISH RISK AND TERRITORIAL CLASSIFICATIONS, SECTION 38-73-730, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND RISK CLASSIFICATION PLANS, SECTION 38-73-731, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, REMOVAL FROM THE YOUTHFUL DRIVER CLASSIFICATION, AND REFUND OF EXCESS PREMIUM PAID, SECTION 38-73-735, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND THE PLAN FOR CREDITS AND DISCOUNTS, SECTION 38-73-750, RELATING TO THE REQUIREMENT THAT AUTOMOBILE INSURERS FILE WITH THE STATE RATING AND STATISTICAL DIVISION THEIR PLANS OR SYSTEMS FOR ALLOCATING EXPENSES AND PROFIT AS RESPECTS THE VARIOUS KINDS OR TYPES OF AUTOMOBILE INSURANCE RISKS AND THE CLASSES OF RISKS THEREUNDER, SECTION 38-73-760, RELATING TO INSURANCE, THE STATE-RATING AND STATISTICAL DIVISION, AND UNIFORM STATISTICAL PLANS, SECTION 38-73-770, RELATING TO INSURANCE AND THE REQUIREMENT THAT EVERY CLASSIFICATION PLAN PROMULGATED BY THE DEPARTMENT OF INSURANCE BE SO STRUCTURED AS TO PRODUCE RATES OR PREMIUM CHARGES WHICH ARE ADEQUATE, NOT EXCESSIVE, AND NOT UNFAIRLY DISCRIMINATORY, SECTION 38-73-775, RELATING TO THE ANNUAL FILING OF THE PHYSICAL DAMAGE LOSS COMPONENT BY THE SOUTH CAROLINA REINSURANCE FACILITY, SECTION 38-77-110, RELATING TO THE "MANDATE TO WRITE", AUTOMOBILE INSURANCE COVERAGE, THE REQUIREMENT UPON INSURERS TO INSURE, AND EXCEPTIONS, SECTION 38-77-111, RELATING TO AUTOMOBILE INSURANCE POLICIES WHICH MAY BE CEDED TO THE REINSURANCE FACILITY, SECTION 38-77-115, RELATING TO THE AUTOMOBILE INSURANCE LAW AND THE SIGNS REQUIRED IN AN AGENT'S PLACE OF BUSINESS, SECTION 38-77-145, RELATING TO THE AUTOMOBILE INSURANCE LAW AND THE PROVISION THAT PERSONAL INJURY PROTECTION COVERAGE IS NOT MANDATED, SECTION 38-77-285, RELATING TO THE REQUIREMENT THAT ALL AUTOMOBILE INSURANCE COVERAGES ARE TO BE IN ONE POLICY, SECTION 38-77-360, RELATING TO THE PROHIBITION AGAINST AN INCREASE IN AUTOMOBILE INSURANCE PREMIUMS AFTER CERTAIN FIRST-OFFENSE VIOLATIONS, SECTION 38-77-600, RELATING TO AUTOMOBILE INSURANCE AND THE REINSURANCE FACILITY RECOUPMENT CHARGE, SECTION 38-77-605, RELATING TO THE REQUIREMENT THAT THE REINSURANCE FACILITY RECOUPMENT CHARGE MUST BE DISPLAYED IN A CERTAIN MANNER IN INSURANCE PREMIUM NOTICES OR BILLS, SECTION 38-77-610, RELATING TO AUTOMOBILE INSURANCE AND THE FILING OF REINSURANCE FACILITY RECOUPMENT CHARGES, SECTION 38-77-620, RELATING TO AUTOMOBILE INSURANCE AND THE INCLUSION OF FACILITY RECOUPMENT CHARGES IN AUTOMOBILE INSURANCE RATES, SECTION 38-77-625, RELATING TO THE PROVISION THAT IF AN INSURED IS INVOLVED IN A MOTOR VEHICLE ACCIDENT WHERE HE IS NOT THE AT-FAULT DRIVER, HIS REINSURANCE FACILITY RECOUPMENT CHARGE MAY NOT BE INCREASED BY HIS INSURER BECAUSE OF THIS OCCURRENCE, AND ARTICLE 9, CHAPTER 77, TITLE 38, RELATING TO THE AUTOMOBILE INSURANCE LAW AND CERTAIN UNLAWFUL ACTS; AND TO PROVIDE THAT NONRENEWAL NOTICES MAY BE SENT BEFORE MARCH 1, 1998, FOR AUTOMOBILE INSURANCE POLICIES RENEWING ON OR AFTER THAT DATE.

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

S. 255 -- Senators Setzler and Moore: A BILL TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO UNIVERSITY OF SOUTH CAROLINA ATHLETICS FACILITIES REVENUE BONDS, SO AS TO PROVIDE A DEFINITION OF "NET ATHLETIC REVENUES" AND RESTORE THE DEFINITION REFERRING TO THE STATE BUDGET AND CONTROL BOARD; TO INCREASE FROM TWENTY TO FORTY MILLION DOLLARS THE OUTSTANDING DEBT LIMIT FOR THESE BONDS, AUTHORIZE THEIR USE FOR REFUNDING OF EARLIER ISSUES, AND MAKE THESE BONDS PAYABLE FROM ADMISSION FEES AND NET ATHLETIC REVENUES; TO DELETE PROVISIONS RELATED TO ADVERTISING OF ISSUES, TO PROVIDE THAT EXISTING FEES MUST BE SET AFTER THE CONSIDERATION OF NET ATHLETIC REVENUES, TO CONFORM USES OF THE BOND REVENUES AND THE SETTING OF FEES TO THE AMENDMENTS PROVIDED IN THIS ACT.

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

S. 256 -- Senators J. Verne Smith, Alexander, Anderson, 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, Ravenel, Reese, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Thomas, Waldrep, Washington, Williams and Wilson: A SENATE RESOLUTION TO CONVEY THE SENTIMENTS OF THE SENATE AND SINCERE BEST WISHES FOR A SPEEDY RECOVERY FOR OUR DEAR FRIEND AND COLLEAGUE, BEVERLY HOWARD, AND TO LET HER KNOW THAT SHE IS CONSTANTLY IN OUR THOUGHTS AND PRAYERS.

Whereas, the members of the Senate have learned of the serious surgery of our dear friend, Beverly Howard; and

Whereas, the members of the Senate want her to know that we all are anxious for her quick and complete recovery and her safe and speedy return to the ranks of those who hold her in the highest regard, and who rely on her wisdom as Budget Director for the Senate Finance Committee; and

Whereas, the members of the Senate want Beverly and her husband, Bob, to know that they are in our daily prayers, individually and collectively, and the members of the Senate stand ready to assist in whatever way we can. Now, therefore,

Be it resolved by the Senate:

That we offer our most sincere best wishes for the speedy recovery of our friend and colleague, Beverly Howard, and want her to know that she is constantly in our thoughts and prayers.

Be it further resolved that a copy of this resolution be forwarded to Beverly at Greenville Memorial Hospital.

The Senate Resolution was adopted.

H. 3264 -- Rep. Quinn: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE JOSEPH J. FRANK, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 19, 1997.

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

That the National Commander of the American Legion, the Honorable Joseph J. Frank, is invited to address the General Assembly in Joint Session in the Hall of the House of Representatives at 12:00 noon on Wednesday, March 19, 1997.

Be it further resolved that a copy of this resolution be forwarded to Commander Frank.

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

Senator COURSON from the Committee on Invitations has polled out S. 242 favorable:

S. 242 -- Senator Drummond: A SENATE RESOLUTION TO SET WEDNESDAY, JANUARY 29, 1997, AT 12 O'CLOCK NOON AS THE TIME FOR ELECTING MEMBERS TO FILL VACANCIES ON THE STATE REORGANIZATION COMMISSION.

Courson                   Wilson                    Patterson
O'Dell                    Passailaigue              Rose
Washington

Matthews                  Russell                   McGill

S. 242 -- Senator Drummond: A SENATE RESOLUTION TO SET WEDNESDAY, JANUARY 29, 1997, AT 12 O'CLOCK NOON AS THE TIME FOR ELECTING MEMBERS TO FILL VACANCIES ON THE STATE REORGANIZATION COMMISSION.

Senator DRUMMOND spoke on the Resolution.

The Senate Resolution was adopted.

Senator HOLLAND from the Committee on Judiciary has polled out H. 3002 favorable with amendment:

H. 3002 -- Reps. Wilkins, D. Smith, Hawkins, Harrell, Fleming, Maddox, Cromer, Cato, McMaster, Young, Robinson, Haskins, Felder, Campsen, Boan, Limbaugh, Vaughn, Young-Brickell, Witherspoon, Simrill, Bailey, Altman, Meacham, Riser, Harrison, Gamble, Lloyd and Beck: A BILL TO AMEND SECTION 2-1-25, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED BEGINNING IN 1994, SO AS TO REVISE CERTAIN OF THESE DISTRICTS, TO PROVIDE THAT A MEMBER OF THE HOUSE SHALL BE ELECTED FROM EACH OF THE ELECTION DISTRICTS SO REVISED AT A SPECIAL ELECTION TO BE CONDUCTED IN NOVEMBER, 1997, TO PROVIDE FOR THE TERM OF OFFICES OF SUCH MEMBERS ELECTED IN 1997, TO ESTABLISH FILING AND ELECTION DATES FOR THESE ELECTIONS, TO DESIGNATE THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE ELECTION DISTRICT REVISIONS CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT; AND TO REPEAL SECTION 2-1-15, RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES WERE FORMERLY ELECTED.

Holland                   Saleeby                   McConnell
Bryan                     Moore                     Rose
Ford                      Glover                    Gregory
Jackson                   Lander                    Martin
Mescher                   Rankin

Wilson

Russell                   Courtney                  Cork

Senator HOLLAND spoke on the Resolution.

Ordered for consideration tomorrow.

On motion of Senator HOLLAND, with unanimous consent, the Bill was ordered placed on the Calendar in place of S. 5, which was recommitted.

S. 5 -- Senators Holland, Saleeby, McConnell, Moore, Matthews, Courtney, Jackson, Rankin and Giese: A BILL TO AMEND SECTION 2-1-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE ARE ELECTED, SO AS TO REVISE CERTAIN OF THESE DISTRICTS; TO PROVIDE THAT A MEMBER OF THE SENATE SHALL BE ELECTED FROM EACH OF THE ELECTION DISTRICTS SO REVISED AT A SPECIAL ELECTION TO BE CONDUCTED IN NOVEMBER 1997; TO PROVIDE FOR THE TERM OF OFFICES OF SUCH MEMBERS ELECTED IN 1997; TO ESTABLISH FILING AND ELECTION DATES FOR THESE ELECTIONS; AND TO DESIGNATE THE PRESIDENT PRO TEMPORE OF THE SENATE AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE ELECTION DISTRICT REVISIONS CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT.

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

There was no objection.

Senator HOLLAND asked unanimous consent to recommit the Bill to the Committee on Judiciary.

The Bill was recommitted to the Committee on Judiciary.

Senator COURSON from the Committee on Invitations has polled out H. 3246 favorable:

H. 3246 -- Reps. Inabinett, Allison, Bailey, Barfield, Baxley, Beck, J. Brown, T. Brown, Byrd, Cato, Clyburn, Davenport, Edge, Gamble, Harvin, Hamilton, J. Harris, Harrison, J. Hines, M. Hines, Jordan, Keegan, Kennedy, Knotts, Leach, Lee, Littlejohn, Lloyd, Mack, Maddox, Martin, McCraw, McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Phillips, Pinckney, Rhoad, Rice, Riser, Sandifer, Scott, Sheheen, Simrill, F. Smith, J. Smith, Stille, Stoddard, Stuart, Townsend, Tripp, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, and Young-Brickell: A CONCURRENT RESOLUTION DESIGNATING THE FIRST THURSDAY IN MAY (MAY 1, 1997) AS "LEGISLATIVE FAMILY DAY 1997" IN RECOGNITION AND APPRECIATION OF THE PATIENCE AND UNDERSTANDING SHOWN BY THE FAMILIES OF THE MEMBERS OF THE GENERAL ASSEMBLY AND THE WONDERFUL SUPPORT GIVEN BY THESE GREAT FAMILIES TO THE MEMBERS AS THEY CARRY OUT THEIR LEGISLATIVE DUTIES, AND ASKING EACH MEMBER TO SHOW HIS OR HER APPRECIATION TO THEIR FAMILY MEMBERS AND FRIENDS ON THIS DAY.

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              Rose                      McGill
Washington

Ordered for consideration tomorrow.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
THERE BEING NO UNCONTESTED MATTERS ON THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR, THE SENATE PROCEEDED TO THE MOTION PERIOD.

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

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

S. 180 -- Senators McConnell, Drummond, Holland and Alexander: A SENATE RESOLUTION TO ADOPT RULES OF PROCEDURE FOR THE SENATE AS AUTHORIZED PURSUANT TO ARTICLE III, SECTION 12 OF THE SOUTH CAROLINA CONSTITUTION, 1895, SO AS TO FURTHER DEFINE THOSE MATTERS WHICH ARE GERMANE TO AND WITHIN THE JURISDICTION OF THE COMMITTEES OF THE SENATE.

The Senate proceeded to a consideration of the Senate Resolution. The question being the adoption of the Senate Resolution.

Senators DRUMMOND and HOLLAND proposed the following Amendment No. 1 (180R003.JD), which was adopted:

Amend the resolution, as and if amended, page 1, by striking lines 38 through 40 and inserting in lieu thereof the following:

/ Finance - Titles 1 (matters relating to the State Budget and Control Board only), 4, 5, 6 (bonding authority, taxation, finances), 8 (employment standards, retirement, deferred compensation), 9, 10, 11, and 12/

Amend the resolution further, as and if amended, page 2, by striking lines 5 through 8 and inserting in lieu thereof the following:

/Judiciary - Constitution, Titles 1 (except for matters relating to the State Budget and Control Board), 2, 3, 4 (structure & powers), 5 through 8, 14 through 23, 26, 27, 28, 30, 32, 33, 36, 39, 42, 44 (drug related offenses), 53, 56 (criminal offenses), 58, 61, and 62/

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

The question then was the adoption of the Senate Resolution, as amended.

The Senate Resolution was adopted, as amended.

S. 227 -- Senators Bryan and Martin: A SENATE RESOLUTION TO AMEND RULE 24 OF THE RULES OF THE SENATE SO AS TO PROVIDE FOR THE CONSIDERATION OF GENERAL PERMANENT LAW PROVISIONS AS A PART OF THE ANNUAL GENERAL OR SUPPLEMENTAL APPROPRIATION BILL AND TO ESTABLISH THE NECESSARY VOTE REQUIRED.

The Senate proceeded to a consideration of the Senate Resolution. The question being the adoption of the Senate Resolution.

Senator MARTIN spoke on the Senate Resolution.

The Senate Resolution was adopted.

There being no further Resolutions pending before the body affecting the Rules of the Senate, the Rules of the Senate, as amended, are presented hereinafter in full:

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 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.

At various times as he or she deems necessary during the session, the President Pro Tempore is authorized to make a motion to provide for the convening of the Senate in statewide session for the exclusive purpose of the introduction and referral of bills, receipt of communications and committee reports and the reading and passage of local legislation to which all members of an affected delegation have given their consent for the bill to be taken up, and to adjourn immediately thereafter. Any such motion shall provide the specific dates during which the motion shall apply and shall provide that the Senate must convene at 11:00 a.m. and adjourn not later than 12:30 p.m. on each such day and such motion must be made at least two (2) days prior to the beginning of the period for which it applies.

A majority of the total number of Senators qualified shall constitute a quorum.

If at any time during the daily session of the Senate it is ascertained that there is not a quorum present, no business shall be in order except a call of the Senate, an order to send for absentees, (as provided for in Rule 3B), a motion to recede for a fixed period of time or to a time certain, or a motion to adjourn. Each of the foregoing motions shall be of equal standing and none shall have priority over the others.

Any member or officer of the Senate who shall absent himself or herself from the service of the Senate, without leave of the Senate first obtained, shall forfeit his or her subsistence while so absent. The Clerk shall maintain a record of those members present on each statewide legislative day.

Notwithstanding the provisions of Rule 14 or any other Rule of the Senate, at any time during a session when the presence of absent members is required, the Senate, by majority vote of those present shall authorize the Sergeant-at-Arms to send for the absent members who have not been granted leave. In case a less number than a quorum of the Senate shall convene, the members present are hereby authorized to send the Sergeant-at-Arms or any person or persons by them authorized for any or all absent members, as the majority of such members present shall agree. This rule shall apply to the first convention of the Senate each year at the legal time of meeting and to each day of the session after the hour to which the Senate stood adjourned has arrived. When provisions of this Rule are invoked then the outer doors of the antechamber shall be secured and any member within the confines of the chamber and antechamber shall be counted for the purpose of determining a quorum.

The Journal of the Senate shall be prepared and printed daily by the Clerk. Any Senator shall have the right to demand the reading of that portion of the Journal of the previous day containing an error or omission and to move to correct any such errors or omissions. The Clerk must annually compile and publish a permanent Journal of the proceedings of the Senate.

In the publication of the results of a roll call vote, the Clerk shall cause an asterisk to be placed in the Journal beside the name of a Senator reported in the Journal as voting on a question who in fact was not present in the Chamber at the time the vote was taken by the Senate. The Clerk shall cause appropriate notation to be placed in the Journal to indicate that an asterisk on a roll call vote means that the Senator beside whose name the asterisk appears was not present in the Chamber at the time the vote on the question was taken.

When a Senator desires to speak, he or she shall rise and address the President, and may not proceed until he or she is recognized. When two or more Senators rise to speak at the same time, the Senator who first addresses the President as determined by the President shall have the floor and the President shall so announce it.

When a Senator raises a question of order, as provided for in Rule 7, the President shall stop all other debate and allow the Senator raising the question to explain the point of order subject only to a superior question of order.

Every Senator, when speaking, shall address the President, standing in his or her place and when finished shall take his or her seat. Senators, when addressing the Senate, may stand at their desk or may go to the podium in the center aisle.

Except as otherwise provided in the Rules of the Senate, no Senator may interrupt the Senator who has been granted the floor without his or her consent. To obtain consent, he or she shall first address the President. If a member wishes to present a question to the Senator who has been granted the floor, he or she shall address the President and gain recognition. Once recognized, the member shall ask the President, "Does the Senator yield for a question?" The President shall inquire of the member granted the floor "Does the Senator yield?" If the Senator who holds the floor agrees to yield, the President shall so instruct the Senator who wishes to present the question.

If a Senator in speaking, or otherwise, violates the Rules of the Senate, the presiding officer shall, or any member may, by raising a point of order, call him to order; and when a member is called to order by the President or under a point of order, he or she shall sit down and may not proceed without leave of the Senate, unless the President takes the point of order under advisement. The President may call for the Sense of the Senate on any question of order. Every question of order must be decided by the President, without debate, and Senators shall have the right to appeal the decisions of the President to the full Senate. When the decision of the President is appealed, the President Pro Tempore or his or her designee shall preside and the President shall retire from the chamber during the pendency of the appeal and the Senate's debate and action on the motion to appeal. The question before the Senate shall be "Shall the ruling of the President be upheld?" and when put shall be decided by a majority vote.

When a member wishes to introduce a visitor, guest or family member, he or she shall first gain recognition from the President and shall limit his or her introduction and associated remarks to not more than two minutes.

If a visitor or guest in the Chamber or in the gallery engages in a demonstration of approval or disapproval or creates a disturbance which affects the decorum of the Senate, the Clerk and Sergeant-at-Arms shall take those measures necessary to enforce order.

No Senator shall speak more than twice in any one debate, on the same day, without leave of the Senate.

Any Senator, who absents himself or herself for ten hours or more from the Senate Chamber after due notice that Rule 3 has been invoked, and is not present for two quorum roll calls thereafter which are had more than two hours apart, forfeits his or her right to speak for more than one hour on any matter pertaining to the Bill being debated on that legislative day, unless granted leave by the Senate to speak for a longer period, or unless such member obtains a leave of absence from the Senate either before or after invocation of the Rule.

No Senator shall present any Bill, amendment or other paper, without having first affixed his or her name to such Bill, amendment or other paper. A member who is granted leave to place material on the desks of other members, and who is not the author of or who has not signed the material, shall affix his or her name to a copy of the material and forward that copy to the Clerk prior to distribution of the material. No notice shall be required of a member of his or her intention to introduce a Bill or Resolution. Any member may introduce Bills or Resolutions which shall be received by the Senate staff whether or not the Senate is in session. A member may co-sponsor any Bill or Resolution with the permission of the primary sponsor, provided, that co-sponsors shall not be added after a Bill or Resolution has been introduced. Bills and Resolutions so received shall be periodically referred by the President of the Senate to the appropriate committee or committees which may then consider them at such times as the committee meets. Any matter acted upon favorably by any committee may be reported out by the committee when the Senate reconvenes and need not thereafter be sent to any committee but shall then be ready, upon compliance with other Rules of the Senate, for second reading consideration.

The Clerk of the Senate shall establish procedures to notify the Senate membership on a monthly basis of Bills and Resolutions introduced during periods when the Journal is not printed.

All Bills received prior to the first day of the convening or reconvening of the General Assembly shall receive first reading on the first day of the session.

Reports must be separately made on each Bill or Resolution and shall be signed by the Chairman or such Senator as the Chairman may designate.

No Bill or Joint Resolution may be polled out of a Standing Committee unless at least two-thirds (2/3) of the committee members are polled and a majority of the entire membership of the committee votes in favor of polling the legislation out. The poll results must be certified by the Chairman and a copy of the results must be given to the Clerk to be published in the Journal.

Notwithstanding the provisions of Rule 33 and unless otherwise ordered by the Senate, when the annual General Appropriation Bill or any reapportionment bill is received by the Senate to be placed on the calendar, it shall be placed in a position under the masthead of the calendar as the first order of business to be taken up each day immediately following the conclusion of the call of the Uncontested Local and Statewide Calendar.

When a motion is made, with the exception of motions made under Rule 14, it must be reduced to writing, if desired by any member, delivered at the desk, and read before the same is debated; provided, however, that the request to have a motion reduced to writing shall not cause the mover of such motion to lose the floor. Any motion may be withdrawn by the mover at any time prior to being put before the body. Thereafter, it may be withdrawn only with the unanimous consent of the Senate. No motion may be made concerning a matter which has gone out of the possession of the Senate except a motion to recall, and if the same should prevail, the Clerk shall send an appropriate message requesting a return of the matter.

No motion for the reconsideration of any vote shall be in order unless the matter is in the possession of the Senate, nor shall any motion to reconsider be in order unless made within the next two statewide legislative days of the actual session of the Senate thereafter, and by a Senator voting with the prevailing side. A motion to reconsider may be made immediately after the act or motion to which it applies has occurred, during the motion period or during the time between the call of orders of business.

Any member may rise to a point of personal privilege provided that a point of personal privilege shall be defined as questions affecting the rights, reputation and conduct of members of the body in their representative capacity.

A point of personal privilege must relate to persons as members of the body or relate to charges against the character of a member which charges, if true, would affect the rights of membership.

A member rising to a point of personal privilege must confine his or her remarks to those matters which concern the member personally and has only the right to defend himself or herself and no other persons.

All other remarks made by a member shall be regarded as an expression of personal interest and when a member is recognized for an expression of personal interest, such remarks shall in all cases be limited to not more than five (5) minutes.

When a question is under debate, no motion shall be entertained but

1. To adjourn

2. To adjourn to a date and time certain

3. To recede for a fixed period of time or to a time certain

4. To take up order of the day

5. To continue

6. To lay on the table

7. To adjourn debate to a certain day or to adjourn debate

8. To carry over

9. To strike out the enacting clause

10. To commit

11. To amend
which several motions may only be made by the Senator having the floor and shall have precedence in the order in which they are above arranged, and the first eight (8) of which shall be determined without debate. A motion to lay an amendment on the table being agreed to shall not have the effect of disposing of the main question.

Provided, however, when a Bill is under debate, a motion to carry over may be made by the Senator having the floor, with such Senator retaining the floor on that Bill upon an affirmative vote of twenty-six (26) members of the Senate. Provided, that when a Bill is under debate and a motion to carry over is made by the President Pro Tempore his or her designee or the next most senior senator if the President Pro Tempore is absent, the Senator having the floor may retain the floor on that Bill upon a majority vote of those members present and voting. No motion to carry over, either by the Senator who has the floor or by the President Pro Tempore as provided herein, shall be in order for any Bill in the status of Interrupted Debate. The failure of a motion to carry over by an individual Senator or by the President Pro Tempore shall not cause the member who has the floor to lose the floor.

When a motion to adjourn debate is passed, the Bill to which it applies is subject to consideration on the next legislative day that the Senate reaches that order of business. When a motion to adjourn debate to a date certain is passed, the Bill to which it applies is not subject to consideration until the date so specified, if the Senate reaches that order of business. If the Senate does not reach that order of business, the Bill remains in adjourned debate status.

A motion to ratify acts may only be made by the President Pro Tempore or his or her designee and may be made at any time.

Whenever a member who has been recognized and properly holds the floor makes a motion relating to any business, matter or other question before the Senate, such motion shall require a majority vote unless otherwise provided. If a request is made to repeat or restate any such motion, it shall only be repeated or restated by the member originally making the motion.

Except for any Reapportionment Bill, the debate on any Bill, motion, or other matter which has been pending before the Senate for a minimum of four (4) hours and the time such Bill, motion, or other matter pending shall be voted upon may be fixed by a vote of twenty-nine (29) members of the Senate. Notwithstanding the provisions of Rule 14 or any other rule, such motion may be made after the time period provided for herein has elapsed and may be made by any member and shall not be subject to amendment or debate.

Except as otherwise provided by a motion adopted under the provisions of Section C of this rule, when the time for a vote arrives, as set under this rule, the Senate shall proceed to a consideration (seriatim) of the amendments on the desk and upon disposition of all amendments, proceed immediately to a vote on the main question. Opponents and proponents of an amendment shall be granted an equal amount of time in the discretion of the presiding officer, not to exceed twenty (20) minutes.

Except as otherwise provided by a motion adopted under the provisions of Section C of this rule, when a motion to fix a date or time certain has been agreed to, the Clerk of the Senate, at that time, is prohibited from receiving any future or further amendments to the pending matter unless the Clerk certifies that an amendment is necessary to correct some technical error or omission or conform the language of an amendment to an action of the Senate taken previous to the consideration of the amendment.

Notwithstanding the provisions of Rule 14 or any other Rule of the Senate, when any Reapportionment Bill has been under debate for two statewide legislative days, the President shall immediately recognize any Senator for the purpose of a motion to bring the debate to a close. Upon being made, the President shall at once state the motion and submit to the Senate by a yea and no vote the question:

"Is it the Sense of the Senate that the debate shall be brought to a close?"

And if that question shall be decided in the affirmative by twenty-nine (29) members of the Senate, then said measure pending before the Senate, or unfinished business, shall be the unfinished business of the Senate to the exclusion of all other business until disposed of.

Thereafter, no Senator shall be entitled to speak in all, more than one hour on the measure, pending before the Senate, or the unfinished business, the amendments thereto, and the motions affecting the same, and it shall be the duty of the Presiding Officer to keep the time of each Senator who speaks. After no more than forty-six hours of consideration of the measure, motion, or other matter on which cloture has been invoked, the Senate shall proceed, without further debate on any question, to vote on the final disposition thereof to the exclusion of all other matters.

Except for any reapportionment Bill and notwithstanding the provisions of Rule 14, the President Pro Tempore or his or her designee or the next most senior senator if the President Pro Tempore is absent shall have the right to make a motion to establish a schedule for a future date and time for the vote on any Bill, motion or other matter which is in the status of Interrupted Debate, Adjourned Debate or Special Order. The motion shall also establish the time when no further amendments may be placed on the desk and the limitations on consideration and debate of amendments and the main questions. Any such motion shall not be subject to amendment or debate and must be adopted by a vote of twenty-nine (29) members of the Senate and if adopted, then the Bill, motion or other matter shall be the business of the Senate on the date and time set, to the exclusion of all other matters.

Unless a roll call of the Senate is ordered or a division is ordered, the decision of the Senate on any question other than unanimous consent shall be taken by all members voting "viva voce". When there is a request for a roll call on any question, and it shall be required by five Senators, the question shall be decided by the ayes and noes, and on taking the same, no Senator who is absent when the affirmative and negative have both been put and the result announced by the President, shall be allowed to vote without leave of the Senate, and such vote, when allowed, shall not affect the result and shall be recorded as provided for in Rule 4.

In taking the ayes and noes, and upon a call of the Senate, the names of the Senators shall be called alphabetically. Under the call of the ayes and noes every Senator present must give his or her vote one way or the other unless excused by the Senate.

Paired votes shall be recorded by the Clerk when authorized by the members to be so recorded. The member casting the paired vote must be present in the Chamber at the time of the vote in order for the paired vote to be recorded.

When the Senate is equally divided on any question, the Clerk shall take the decision of the President, who may assign the reason of his or her vote.

If a question in debate contains several points, any Senator may have the same divided; but on a motion to strike out and insert it shall not be in order to move for a division of the question; but a rejection of a motion to strike out and insert one proposition shall not prevent a motion to strike out and insert a different proposition, nor prevent a subsequent motion simply to strike out; nor shall the rejection of a motion to simply strike out prevent a subsequent motion to strike out and insert.

The Standing Committees of the Senate shall be as follows and shall have jurisdiction over legislation, appointments and other matters which fall within the title or titles of the Code of Laws as are herein below enumerated for each of the Committees:

Agriculture and Natural Resources - Titles 39, 46, 47, 48 (land resources, soil & water conservation, mining, oil & gas, and wetlands), and 49

Banking and Insurance - Titles 29, 34, 35, 37, and 38

Corrections and Penology - Titles 2 (community corrections), and 24

Education - Titles 51, 59, and 60 (school governance & structure at all levels)

Ethics

Finance - Titles 1 (matters relating to the State Budget and Control Board only), 4, 5, 6 (bonding authority, taxation, finances), 8 (employment standards, retirement, deferred compensation), 9, 10, 11, and 12

Fish, Game and Forestry - Titles 48 (forestry, fire protection, sea grants, soil & water conservation, and wetlands), 49, and 50

General Committee - Titles 25, 39, 43, and 52

Invitations

Judiciary - Constitution, Titles 1 (except for matters relating to the State Budget and Control Board), 2, 3, 4 (structure & powers), 5 through 8, 14 through 23, 26, 27, 28, 30, 32, 33, 36, 39, 42, 44 (drug related offenses), 53, 56 (criminal offenses), 58, 61, and 62

Labor, Commerce and Industry - Titles 6, 13, 31, 39, 40, 41, 45, and 51

Medical Affairs - Titles 39, 40 (health care professionals), 43, 44, and 48 (pollution control, waste management, water & sewer)

Rules - Senate Rules, Joint Rules

Transportation - Titles 54, 55, 56, 57, and 58 (Regional Transportation Authorities and railroads)

(1) The membership of the above listed committees shall be not less than five (5) nor more than eighteen (18), except as otherwise provided herein. The Committee on Ethics shall be composed of ten (10) members. Of the ten (10) members selecting a seat, five (5) shall be members of the majority party and five (5) shall be members of the minority party. The Committee on Invitations shall be limited to not more than ten (10) members. The several committees shall have such powers and duties as provided for in these rules.

(2) In addition to the above listed Standing Committees, there shall be two (2) Special Committees to be known as the Committee on Interstate Cooperation which shall be composed of five (5) members and the Chairmen's Committee to be composed of the Chairmen of the fourteen (14) Standing Committees. The Chairman of the Chairmen's Committee and Interstate Cooperation Committee shall in all cases be the President Pro Tempore or the most senior senator serving thereon.

(3) Members of the Senate shall be limited to serve on not more than five (5) Standing Committees. Membership on the Committee on Ethics, the Committee on Invitations, and the Committee on Interstate Cooperation are not included in limiting membership on Standing Committees. No member shall chair more than one (1) Standing Committee but may chair a Standing Committee and a Special Committee concurrently.

(4) Members of the Senate shall make their committee selections at the commencement of the session following the election of Senator(s) or at such session called for that purpose. For the members to make their Standing Committee selections, the Clerk of the Senate (or if the Clerk has not been elected, the Clerk of the Senate during the preceding General Assembly or an assistant clerk) shall prepare a roll of the Senate listing the members in the order of length of continuous service, beginning with the longest continuous service. Where two or more members have equal continuous service they shall be listed in alphabetical order. The Clerk of the Senate shall then call the roll twice. Each member, upon his or her name being called during the first call of the roll, shall select four (4) unfilled Standing Committees on which he or she wishes to serve (and shall also select at this same time a seat on each or all of the Ethics, Invitations and Interstate Cooperation Committees so long as a vacancy exists). When the roll is called the second time, each member upon his or her name being called, shall select one additional unfilled Standing Committee on which he or she wishes to serve. In the event any member is unable to be present for selection of Standing Committees, that member may authorize in writing any member of the Senate to make selections in his or her behalf. This procedure shall be followed on the first day of the session following the election of Senators and at any other session where the Senate proceeds to fill vacancies on a committee by whatever reason caused. Any Senator who served on a Standing Committee in the session immediately past shall have the right to serve on such committee regardless of the Senator's seniority in the Senate, unless the Senator shall elect to be removed from such committee.

(5) Membership on the Judiciary Committee excludes membership on the Finance Committee and vice versa.

(6) Except as otherwise provided herein, in the selection by members of a seat on a Senate Standing Committee, the seniority system shall be retained so as to become a part of these rules and shall be followed without regard to party affiliation.

(7) Committee seniority shall be determined by tenure within the committee rather than tenure within the Senate. When members with seniority transfer to a new committee, their seniority will be counted ahead of newly-elected Senators.

(8) Where two or more Standing Committees are combined, initial membership on such committees shall be based on tenure within the Senate.

(9) In the election of the Chairmen of the Standing Committees, the Senate shall proceed viva voce, severally, to elect the Chairman of each committee by a majority vote.

(10) Matters shall be referred to a committee in accordance with jurisdiction of the committee as hereinabove established, or to such other committee as the Senate may order by majority vote on the motion of any member at the time the matter is before the Senate and subject to referral.

(11) The membership on committees of conference and free conference between the two Houses shall be determined by the President Pro Tempore of the Senate in consultation with the chairman of the committee with jurisdiction over the Bill which is the subject of the request for appointment of a conference committee.

(12) Time schedules for committee meetings. The following schedule shall be the regular meeting times for Standing Committees when the General Assembly is in session. The time and date may be changed by the Chairmen's Committee and any additional meeting may be called by individual Committee Chairmen.
Every Tuesday   3:00 p.m. -

Finance and Judiciary
1st and 3rd Wednesday   9:00 a.m. - Education

10:00 a.m. -

Fish, Game & Forestry

3:00 p.m. - Transportation
2nd and 4th Wednesday   9:00 a.m. -

Medical Affairs and General

3:00 p.m. -

Banking & Insurance
1st and 3rd Thursday   9:00 a.m. -

Corrections & Penology

Agriculture & Natural

Resources
2nd and 4th Thursday   9:00 a.m. -

Labor, Commerce & Industry

The Rules Committee, Ethics Committee, Chairmen's Committee, Interstate Cooperation Committee, and the Invitations Committee shall meet at the call of the Chair. Provided, however, that nothing herein shall prohibit the Chairman of a Standing Committee from canceling a committee meeting.

The above listed dates refer to calendar weeks as opposed to session weeks. The date, time and place of any called meetings shall be reported to the Clerk of the Senate who shall post such information in the lobby of the Gressette Senate Office Building and the State House. Notice of regular scheduled meetings, as well as called meetings, shall be posted at least 24 hours in advance whenever feasible.

All questions relating to the priority of business to be acted upon shall be settled without debate.

After commitment and report of a Bill to the Senate, or at any time before its passage it may be recommitted.

All Bills or Joint Resolutions when first read shall be referred to the appropriate committees. After the expiration of five legislative days from the date of reference, any Bill, or Joint or Concurrent Resolution, except the General Appropriation Bill may be recalled from any committee by a majority vote of the Senators present; before the expiration of five days from the date of reference, any Bill, or Joint or Concurrent Resolution may be recalled from committee by the vote of three-fourths (3/4) of the Senators present.

All Concurrent Resolutions which invite persons to address the General Assembly in joint session shall be referred to the Invitations Committee and shall only be voted on by the Senate after they have been approved by a majority of the members of such committee. The provisions of this paragraph shall not apply to Concurrent Resolutions which invite, in the opinion of the Chairman of the Invitations Committee, persons of national prominence to address the General Assembly. The Clerk is authorized to endorse Concurrent Resolutions expressing congratulatory messages or sympathy without a reading.

All Bills when placed on the Calendar shall be printed and distributed to the Senators.

No clause shall be inserted in a Bill unless the same relates to the subject of the Bill. The subject of the Bill shall be defined as any matter falling within the ambit of the Title of the Code of Laws expressed in the title of the bill or which logically falls within the specific subject matter as described in the title of the Bill where no Title of the Code of Laws is referenced. Matter which is germane to the subject of the General Appropriation Bill and any Supplemental Appropriation Bill shall be defined as those things which reasonably and inherently directly relate to the raising and spending of revenue for or in the fiscal year for which the bill applies.

Except for general and temporary provisions having force and effect for a fiscal year, any part, section or division or any amendment to any part, section or division of a general or supplemental appropriation bill which amends, adds or repeals a portion of the general permanent laws of South Carolina not otherwise prohibited under subsection A, may only be included upon a vote of two-thirds (2/3) of the Senators present and voting. This requirement shall apply to all such matter contained in the report of the Finance Committee and shall be enforced on the question of the adoption of the report. The vote may be taken on the report as a whole if the Senate agrees to do so, however the question shall be divisible upon the request of any Senator. Any part, section or division of any general or supplemental appropriation bill which fails to receive the requisite vote herein provided for, thereafter may only be included in any conference report on any such bill upon the granting of free conference powers.

No Bill or Resolution shall be introduced in the name of a Committee except with the approval of two-thirds (2/3) of the members thereof at a duly called meeting of the Committee; and the Chairman of the Committee shall certify thereon that this rule has been complied with.

The final question upon the second reading of every Bill, Resolution, Constitutional Amendment (or motion originating in the Senate), and requiring three readings previous to being passed, shall be, "Shall it pass and be ordered to a third reading?"

No amendment shall be received on third reading of a Bill, unless notice be given upon second reading, or unless unanimous consent of the Senate be obtained. Any amendment or Bill adopted on second reading may be further amended on third reading, provided previous notice of general amendments has been given.

Whenever an amendment is received on a third reading of any Bill, Resolution, amendment, or motion, the same shall be debatable.

It shall at all times be in order before the final passage of any such Bill, Resolution, Constitutional Amendment, or motion, to move its commitment; and should such commitment take place, and amendment be reported by the Committee, the said Bill, Resolution, Constitutional Amendment, or motion, shall be again considered and read a second time.

Any Bill or Resolution affecting the expenditure of money by the State shall, prior to receiving second reading, have attached to it in writing such comment of the State Budget Office as may appear appropriate regarding its effect on the finances of the State.

Any Bill or Resolution affecting the expenditure of money by any county, municipality, school district, or special purpose district within the State shall, prior to receiving second reading, have attached to it in writing a statement by the Committee Chairman that the passage of such Bill or Resolution may affect the revenue of counties, municipalities, school districts, or special purpose districts.

Failure to comply with the provisions of this rule does not limit debate on such a Bill or Resolution prior to the question of second reading.

The provisions of this section shall not apply where the exact amount of money to be spent or expended is clearly set out in the Bill or Resolution.

Senators, when presenting petitions, memorials or reports, or introducing Bills or Resolutions, may make a brief statement on the subject matter of such report, Bill or Resolution as the President in his or her discretion shall deem appropriate, or send it to the President, when it shall be read by the Reading Clerk, unless otherwise ordered.

All messages to the House of Representatives shall be sent by the Clerk, as required by the actions of the Senate.

The Clerk shall be charged with the duty of having executed, in a proper and accurate manner, the printing ordered by the Senate or provided in the Rules; provided, however, that notwithstanding any other rule to the contrary, any Resolution which expresses sympathy, congratulations or commendation shall be printed in the Senate Journal by title only unless a member requests that the full text of the Resolution be printed in the Journal.

At the close of every bi-annual session the members of the Senate shall be required to hand in to the Clerk all petitions not reported on, and all papers in any way appertaining to the legislative business of the Senate, that the same may be regularly filed in his or her office.

When considering confidential or executive business the Senate shall be cleared of all persons except the President, the Senators, the Clerk of the Senate, the Reading Clerk, and the Assistant Clerks designated by the Clerk of the Senate, the Sergeant-at-Arms and Assistant Sergeant-at-Arms of the Senate.

All appointments made by the Governor and delivered to the Senate shall be referred to such committee of the Senate in accordance with the provisions of Rule 19 which are applicable to the reference of bills. Such appointment shall be considered at the next meeting of such committee or such other time as the committee may determine. No report may be made on an appointment unless and until the committee has held a screening hearing and given the appointee an opportunity to appear before the committee. A screening hearing or any portion of a screening hearing, may be held in Executive Session upon the vote of two-thirds (2/3) of the members of the committee present and voting. Any information or material provided to or developed by the committee in an Executive Session and any communications between a Committee Chairman and the appointing authority must be held confidential and only reported to the full Senate in Executive Session. If a committee fails to make a report on an appointment to the full Senate within two (2) weeks after a screening hearing, then the Senate may recall the appointment in Executive Session. All committee reports on any appointments shall be made in Executive Session unless the Senate directs otherwise by a majority vote.

Before going into Executive Session, the Senate shall vote in open session on the question of whether to go into Executive Session. When a motion to go into Executive Session is agreed to, the President shall announce publicly the purpose or purposes of the Executive Session as specified by the member making the motion. No final action may be taken by the Senate in the Executive Session on appointments. For the purpose of this Rule, 'final action' means a decision by the Senate which constitutes a dispositive act regarding the consideration of an appointment. No vote may be taken on a final action in Executive Session, and the confirmation of appointments must be voted on in open session.

When the Senate rises from an Executive Session and the report of an Executive Session is received by the Senate, the final question on every appointment shall be: "Will the Senate advise and consent to this appointment?" Confirmation of statewide appointments shall be by roll call vote unless otherwise agreed to by unanimous consent.

Messages containing appointments may be published in the Journal when received as other messages, and the fact that an appointment has been made or that it has been confirmed or rejected shall not be regarded as a secret. When considering appointments in Executive Session, all information communicated, or remarks made by a Senator concerning the character or qualifications of the person appointed and any action or failure to act on any appointment(s) shall be kept secret.

Other messages from the Governor pertaining to confidential matters shall be subject to such secrecy or publication as the Senate, in each instance, may order.

Any Member or Officer of the Senate who violates the secrecy provisions of this rule shall be subject to the provisions of Rule 45 of the Senate and Article 5 of Chapter 13 of Title 8 of the Code of Laws.

1. Called to Order by the President

2. Prayer by the Chaplain

3. Pledge of Allegiance

4. Receipt of Communications

5. Introduction and reference of new Bills and Resolutions

6. Call of the Uncontested local and statewide Calendar

7. Interrupted Debate

8. Motion Period

9. Adjourned Debate

10. Special Order

11. Call of the contested statewide Calendar

12. Call of the contested local Calendar

The order of business above provided for may be varied by vote of three-fourths (3/4) of the Senators present and any order or business already completed may be reverted to in any legislative day by the vote of two-thirds (2/3) of the Senators present. A motion to vary the order of the day shall be in order, prior to, or at the completion of, any orders enumerated above or during the motion period and any such motion shall be decided without debate.

For the order of business designated as Interrupted Debate there shall not be more than one (1) Bill in this status at any one time provided however, that this limitation shall not apply to the General Appropriation Bill. For the order of business designated as Adjourned Debate there shall not be more than two (2) Bills in this status at any one time and for the order of business designated as Special Order there shall not be more than three (3) Bills in this status at any one time. Provided that of the three (3) Special Order slots, one (1) shall be reserved exclusively for Bills which are the subject of motions authorized by the Chairmen's Committee and made by the President Pro Tempore or his or her designee. The Bill occupying the slot reserved for Bills made Special Order on motion of the Chairmen's Committee shall have a unique notation to call such status to the Senate's attention.

During the motion period, any motion pertaining to the business of the Senate may be made. When a motion is made to set a Bill for Special Order, time shall be given to one proponent and one opponent to speak on the motion. Such remarks shall be limited in the discretion of the presiding officer provided, that no Bill may be taken up during the motion period for the purpose of debating the merits of the Bill or for the purpose of giving the Bill a reading. Procedural motions shall be decided without debate; provided, that procedural motions which present a main question, such as a motion to recall, are subject to limited debate within such time period as may be authorized in the discretion of the presiding officer.

During the motion period all motions to set a Bill or Resolution for Special Order on a subsequent legislative day shall be in order irrespective of whether the Bill or Resolution was given a reading on the legislative day the motion is made. Said motions shall be considered in the priority established by the recognition of the Senators making said motions. Each such motion shall relate to a separate Bill which shall have been on the Calendar for a minimum of six statewide legislative days. Except for explanatory remarks authorized in subsection A, such motions shall be determined without debate and by two-thirds (2/3) vote of the Senators present. Provided, that, when authorized by eight (8) members of the Chairmen's Committee, a motion to set a bill for Special Order, shall require a vote of a majority of the members present. At no time may the Special Order calendar have more than one Bill which is set for Special Order by a motion authorized by the Chairmen's Committee. During the motion period, no Bill or Resolution can be made a Special Order ahead of Bills or Resolutions which have already been placed in the status of Adjourned Debate.

If a Bill is set for Special Order on a date and/or time certain, such Bill is not subject to consideration at the specified date and/or time unless the Senate reaches that order of business or unless by unanimous consent the Senate has agreed that consideration of the Bill will be to the exclusion of all other matters pending before the Senate at such time.

When a bill is under debate, any Senator may move to continue a matter as provided for in Rule 14, to the 2nd, or any special session of the same General Assembly, and if the Senate agrees thereto, the matter shall be continued only to the next regular session unless otherwise specified in the motion. The Clerk of the Senate shall make up a Calendar of all matters so continued, placing the same thereon in the order in which they have been continued. At the ensuing session the continued matters shall be taken up and considered in the same stage in which they were when so continued. Matters ordered to be placed in the General Orders at the said ensuing session shall be placed there in turn and have priority according to the last order for consideration made upon them, and the Calendar shall be proceeded in as hereinbefore provided.

No person shall be admitted to the floor of the Senate to that area behind the rail while the Senate is in session or in recess during a session, except as follows, viz: immediate family members of a Senator; Members of the House of Representatives and their Clerk and Sergeant-at-Arms; former members of the Senate and House of Representatives unless such former member is a lobbyist registered pursuant to the provisions of Chapter 17 of Title 2 of the Code of Laws; a candidate or acting on behalf of a candidate for an office elected by the General Assembly or confirmed or elected by either the House or Senate; or a member of the governing body or employee of any state agency or department; the Governor and his or her Executive Secretary; Constitutional Officers; Justices of the Supreme Court; President and Vice-President of the United States; Members of Congress; Governors of States and Territories; and such Senate staff, Senators' staff, and Lieutenant Governor's staff, as the President of the Senate or any Member or Officer of the Senate may see fit to invite to a seat behind the rail. Members of the House of Representatives and former Members of the General Assembly, not subject to the foregoing limitations shall be allowed on the floor of the Senate inside the rail.

Not less than two hours prior to the daily convening of the Senate and while the Senate is in session or in recess during a session no person, except those hereinabove enumerated, shall be allowed beyond the outer doors of the Senate antechamber. Persons not hereinabove enumerated may be admitted only to the antechamber when accompanying a Senator, but any such person is required to leave immediately upon conclusion of their business.

The Senate Cloakroom is reserved for the exclusive use of the Members of the Senate and their guests.

Any member who wishes to have the privilege of the area of the floor behind the rail granted to a guest shall make such request, in writing, to the Chairman of the Senate Invitations Committee not less than two weeks prior to the date for which the request is made. Upon affirmative vote of three-fourths (3/4) of the membership of the Invitations Committee, the Chairman of the Committee is authorized to grant access to the area behind the rail for a limited period of time and with such conditions and limitations as the Chairman and/or the Committee deems appropriate. If the number of guests involved exceeds more than half of the maximum seating capacity in the area behind the rail, then the committee shall direct that these guests be seated in the balcony.

Guests who are granted the privilege of the chamber behind the rail may not approach the podium unless the written request so specifies and the committee approves the request. A motion to grant the privilege of the floor within the rail may only be made by the Chairman or Vice Chair of the Invitations Committee.

Any request to grant the privilege of the floor to address the body from the podium must be made in writing to the Chairman of the Invitations Committee two weeks prior to the date for which the request is made. Upon an affirmative vote of three-fourths (3/4) of the membership of the Invitations Committee to grant such a request, the committee must introduce a Senate Resolution to that effect. The Senate must adopt this Resolution by majority vote of the entire membership.

The use of the Senate Chamber is restricted to statewide sessions of the Senate or such other meetings of the Senate or its committees as the Senate may, by Resolution, authorize. The use of the Senate Chamber for meetings by outside groups or individuals is limited to normal business hours on Monday through Friday and is prohibited unless authorized by a vote of the Senate upon a favorable recommendation of the Senate Invitations Committee. Incidental use or visitation by individuals or group tours may be authorized by the Clerk of the Senate.

Reporters of public journals, upon application to the Clerk of the Senate, shall be assigned such places for the execution of their duties as shall not interfere with the convenience of the Senate. Any reporter for whom such application is made shall, in addition to the assigned places, be allowed free access to the Senate Antechamber during the time the Senate convenes and adjourns each legislative day. Reporters of the public journals shall be allowed in the area behind the rail in specific locations as designated by the Clerk of the Senate and are strictly prohibited from conducting interviews whether or not initiated by a member of the media or a member of the Senate. Still photographers, upon application to the Clerk of the Senate, shall be granted access to the floor, behind the rail, for the exclusive purpose of taking photographs and upon completion of their assignment shall retire from the floor.

Every Bill shall receive three different readings, on three different days previous to its being passed, and the President shall give notice of each, whether it be the first, second, or third reading. All Resolutions to which the approval and signature of the Governor may be requisite, or which may grant money out of the contingent or any other fund, shall be treated in all respects, as to introduction and form of proceedings on them in the Senate, as Bills. All other Resolutions and Reports of standing, special, conference and free conference Committees shall lie on the table one statewide legislative day for consideration provided, however, that during the six (6) statewide legislative days preceding the date set for sine die adjournment the one day requirement as to a specific Resolution or report of a committee may only be suspended by a vote of twenty-seven (27) members of the Senate.

The first and third readings of each Bill shall be by its title only; provided, that on each second reading the Bill shall be read in full on the demand of any Senator.

A motion to refer to a Standing Committee shall take precedence over a motion to refer to a Special Committee.

No Bill or Joint Resolution shall receive a second reading unless printed copies of the same shall have been laid on the desks of the members at least one day previous to such reading.

Every Bill or Joint Resolution which shall propose the amendment or repeal of any Section, Chapter or Title of the General Statutes, or of any Act of Assembly or Joint Resolution, shall in its title express the subject matter of such Section, Chapter, Title, Act or Joint Resolution so sought to be amended or repealed. Every Bill or Joint Resolution proposing to amend any Section or Sections of any Chapter of the General Statutes, or of any Act or Joint Resolution, shall give the full text of the said Section or Sections, as it or they would read with such amendment or amendments inserted therein.

Broadcast media shall be allowed in the area behind the rail in specific locations as designated by the Clerk of the Senate and are strictly prohibited from conducting interviews whether or not initiated by a member of the media or a member of the Senate.

A committee composed of the President of the Senate, the Clerk of the Senate and the Chairman of the Judiciary, Finance and Rules Committees shall have full authority to regulate, supervise and fix times of broadcasts of the proceedings of the Senate by radio or television and the most senior senator serving thereon shall be the chairman.

In all cases not embraced by the foregoing Rules, the Senate shall be governed by such rules as are laid down in Jefferson's Manual of Parliamentary Practice.

Any Rule of the Senate or severable portion of a rule of the Senate may be suspended by unanimous consent of the Senate. Without unanimous consent one day's previous notice shall be given of a motion to suspend any of the rules or severable portion thereof. A motion to suspend shall require a vote of two-thirds (2/3) of the membership of the Senate.

Any permanent amendment, rescission or repeal of any of the Senate rules shall require a two-thirds (2/3) vote of the total membership of the Senate.

The Clerk of the Senate shall have these rules recorded in a permanent book which shall be kept at all times in the Senate Chamber. All permanent changes in the rules after they have been adopted shall be recorded in a Permanent Rule Book and certified by the Clerk of the Senate.

(a) In the Senate there shall be a Committee on Ethics, consisting of ten (10) members and the committee has the following powers and duties:

(1)   To receive complaints or charges from any citizen of this State or member of the Senate against members, officers and employees of the Senate concerning conduct alleged to be unethical. Only sworn written complaints or charges may be considered.

(2)   To investigate such complaints and charges and, if warranted, to report the results of such investigation to the Senate with recommendations for further appropriate action as authorized by law.

(3)   Upon request of any member, officer, or employee of the Senate to render advisory opinions with regard to legislative ethics when, in their judgment, such opinions would serve the public interest.

(4)   To make available annually to the Senate a compilation of the principles set forth in advisory opinions rendered.

(b) All papers, documents, complaints, charges, requests for advisory opinions, and any other material required to be filed with or received by the committee, and all such documents or materials are to repose in the office of the Clerk of the Senate and as necessary or appropriate are to be handled by the Clerk as strictly confidential unless made public by the committee in a report to the Senate.

All proceedings of the Ethics Committee are strictly confidential and only those actions or decisions of the committee which it authorizes may be disclosed or made public. Provided, that the committee may vote to disclose certain confidential information to the membership of the Senate in Executive Session and the committee must disclose in Executive Session, any confidential final determination or action of the committee as is necessary for the members to make a fully informed vote on any matter before the Senate. If a member or former member of the Senate is appointed to an office which is subject to confirmation by the Senate and an ethics complaint has been filed against such member or former member before the receipt or during the pendency of the appointment, then the Senate may not consider the appointment until the Chairman of the Senate Ethics Committee notifies the Senate and any appropriate Standing Committee, in Executive Session, of the existence and nature of the pending complaint if the committee after a preliminary investigation finds that probable cause exists to support an alleged violation.

The rules of the Ethics Committee shall provide as a matter of right that a certified copy of the sworn statement of charges against a member must be given to him or her within ten days of the time the statement of charges is received by the Chairman of the Ethics Committee and that the accused member has the right to face and cross-examine his or her accusers and the witnesses against him or her at any hearing called by the Ethics Committee. Any hearing on the merits of a complaint is confidential and must be held in Executive Session unless the person charged requests a public hearing in writing. The Ethics Committee must call a hearing if a majority of the Ethics Committee feels that the charges have merit or if the accused formally requests a hearing.

(c) In conjunction with the proceedings specified in Rule 44.1 of the Rules of the Senate, the President Pro Tempore, and the Senate Ethics Committee on behalf of the entire Senate, may receive:

(1) certified copies of any indictment or information for a felony or offense against the election laws filed or returned against any member of the Senate;

(2) certified copies of any plea of guilty or nolo contendere to the felony entered by any member of the Senate;

(3) certified copies of any conviction of a member for the felony;

(4) certified copies of any opinion, order, or judgment of any court, state or federal, trial or appellate, relating to any of the aforementioned matters;

(d) no member may vote on the question of his or her expulsion from the Senate.

(a) If an indictment, information on a felony, or a warrant for the offenses provided in Sections 7-13-1920, 7-25-20, 7-25-40, 7-25-50, 7-25-60, 7-25-110, 7-25-120 and 7-25-150 of the Code of Laws, is filed, returned, or issued against a member of the Senate, the member indicted, charged or informed against may request the President Pro Tempore to excuse the member, without pay, from all privileges of membership of the Senate and the President Pro Tempore shall comply with the request.

If the indictment, charge or information is either nol prossed or dismissed, or if the member is found not guilty of the offense or offenses charged or of lesser included offenses, the member may immediately return to active Senate duties and shall be paid all back pay and be restored to all other benefits and privileges retroactive to the date the member was excused.

(b) A member who enters a plea of guilty or nolo contendere to any offense listed in subsection (a) must be suspended by the President Pro Tempore immediately, without a hearing and without pay, from all privileges of membership of the Senate through the remainder of that member's term. In addition, the Senate Ethics Committee shall recommend expulsion of such member to the Senate and the Senate shall vote on the expulsion of such member in accordance with Section 12 of Article III of the Constitution of this State.

(c) A member convicted of any offense listed in subsection (a) must be suspended by the President Pro Tempore immediately, without a hearing and without pay, from all privileges of membership of the Senate pending final appellate action or the end of that member's term, whichever occurs first. If no appeal is taken by the member convicted, or if his or her appeal is denied, or if the final appellate decision is to sustain the conviction and the member's resignation is not forthcoming, the Senate Ethics Committee shall recommend expulsion of such member to the Senate, and the Senate shall vote on the member's expulsion in accordance with Section 12 of Article III of the Constitution of this State.

If the final appellate decision is to vacate the conviction and there is a retrial or rehearing, the member is subject to the provisions of subsection (a). If the final appellate decision is to vacate the conviction and no charges for any offense listed in subsection (a) remain against the member, the member is entitled to restitution of back pay and restoration of all other benefits and privileges of membership of the Senate retroactive to the date of suspension.

(d) The action provided for in subsections (a), (b), and (c) of this rule is in addition to other action authorized pursuant to Article III, Section 12 of the Constitution or other Senate rule. Pursuant to the Constitution and except as provided herein, a member may not be disciplined, suspended, or expelled without a vote of the Senate.

Whenever an election in Joint Assembly is to be held by the General Assembly to fill offices which require election by the General Assembly, the President of the Senate shall notify the Chairman of the Standing Committee of the Senate which would be most concerned with the office or offices to be filled by the election, which Chairman shall thereupon appoint four Senators from his or her committee to serve on the Joint Senate-House Committee to consider qualifications of candidates to be elected. All appointments to such joint committees shall be recorded in the Senate Journal.

The Clerk may record on magnetic tape or similar device the following proceedings on the floor of the Senate:

(1) Congratulatory remarks

(2) Speeches
(3) Points of Order and Rulings of the Chair regarding such points and such other proceedings as the Clerk determines necessary.

Bills received after May 1 shall be received, read and referred to the appropriate committee but are not eligible to be taken up until the next regular session unless upon the report of such a bill by a committee it receives a two thirds (2/3) vote of the membership of the Senate to be placed on the calendar. Any bill failing to receive the required vote shall be returned to the committee. The committee report on any such bill received after the May 1 deadline shall clearly indicate that the bill had been received after May 1 and is subject to this rule.

A Point of Order to enforce the provisions of this rule shall be valid until the Bill which is the subject of the Point of Order is printed and has been laid on the desks of the members in compliance with Rule 39.

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. 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.

The Invitations Committee shall adopt such procedures and requirements as it deems necessary to ensure that persons or organizations who extend invitations to the Senate have fully complied with the provisions of Act 248 of 1991 (The Ethics, Government Accountability, and Campaign Reform Act of 1991, as amended). The committee shall make copies of any such procedure available upon request.

No Resolution of a condemnatory nature shall be considered by the Senate unless it has been sent to the appropriate committee at least twenty-four (24) hours prior to such consideration.

The question of granting of free conference powers and the question of adoption of a free conference report shall require an affirmative vote of two-thirds (2/3) of the membership of the Senate.

On the question of an act returned from the Governor with his or her objections, the presiding officer shall submit the following question to the Senate:
"Shall the act become law, the veto of the Governor to the contrary notwithstanding?"

And if that question shall be decided in the affirmative by two-thirds (2/3) of the members of the Senate present and voting, then the Governor's veto is overridden.

S. 48 -- Senators Rose, McConnell and Mescher: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATE COURTS IN DORCHESTER COUNTY, SO AS TO ESTABLISH A SINGLE COUNTYWIDE JURY AREA.

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

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

On motion of Senator McCONNELL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ms. Elise J. Bourne of Georgetown, S.C., beloved grandmother of John Hazard, attorney with the Senate Judiciary Committee.

Senator DRUMMOND moved that when the Senate adjourns on Friday, January 24, 1997, it stand adjourned to meet next Tuesday, January 28, 1997, at 12:00 Noon, which motion was adopted.

At 11:45 A.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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