Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, hear words from Psalm 46 (vv. 4-5):

"There is a river whose streams

make glad the city of God,

the holy habitation of the Most High.

God is in the midst of the city;

it shall not be moved;

God will help it when the morning

dawns."
Let us pray.

Most Blessed and Eternal Lord:

We are concerned about our cities.

In this hallowed moment, dedicated to Your praise, and the confession of our need of Your help, may we know what it is to be still and know that You can gladden our cities and towns and countrysides... if we, for our part, fulfill the conditions of a real commitment.

In a world where so much is sad... and bad, give us the kind of faith that makes us glad.

Help us to be optimistic about the future; not with the Polyanna optimism of an easy life, but with the quiet confidence that the last word will not be said by the enemies of faith, but by the Lord Himself as the Judge of all the earth, and the Redeemer of those who are His obedient servants.

Amen.

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

December 2, 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, Board of Health and Environmental Control, with term to commence June 30, 1997, and to expire June 30, 2001:

2nd Congressional District:

Mr. Brian K. Smith, 928 Autumn Circle, Columbia, S.C. 29206

Referred to the Committee on Medical Affairs.

The following were introduced:

S. 328 -- Senators Hayes and Russell: A BILL TO AMEND SECTION 4-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL SALES AND USE TAX OR TOLLS FOR TRANSPORTATION FACILITIES, SO AS TO ALLOW THE REFERENDUM REQUIRED TO BE HELD BEFORE LOCAL SALES AND USE TAXES MAY BE IMPOSED TO BE HELD AT ANY APPROPRIATE TIME RATHER THAN AT THE TIME OF THE GENERAL ELECTION AND TO DELETE OBSOLETE PROVISIONS.

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

S. 329 -- Senator Passailaigue: A BILL TO AMEND SECTION 11-27-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASE PURCHASE OR FINANCING AGREEMENTS SUBJECT TO CONSTITUTIONAL DEBT LIMITS, SO AS TO EXEMPT FROM THE CONSTITUTIONAL DEBT LIMITATION REVENUE DERIVED BY GOVERNMENTAL ENTITIES FROM ACTIVITY OTHER THAN THE EXERCISE OF THE POWER OF AD VALOREM TAXATION.

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

S. 330 -- Senators Peeler, Gregory, Hayes and Short: A BILL TO AMEND SECTION 12-28-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION AND USES OF "C" FUND GASOLINE TAX REVENUES, SO AS TO AUTHORIZE A COUNTY LEGISLATIVE DELEGATION BY RESOLUTION TO ABOLISH THE COUNTY TRANSPORTATION COMMITTEE AND DEVOLVE ITS FUNCTIONS ON THE GOVERNING BODY OF THE COUNTY AND TO PROVIDE THAT THIS DEVOLUTION MAY BE REVERSED AND THE COMMITTEE REESTABLISHED PURSUANT TO A SUBSEQUENT DELEGATION RESOLUTION.

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

S. 331 -- Senator Holland: A BILL TO AMEND SECTION 17-15-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE OF RECOGNIZANCES, SO AS TO PROVIDE THAT A MAGISTRATE MAY CONFIRM JUDGMENTS OF RECOGNIZANCE FORFEITURE OF NOT MORE THAN THE MAXIMUM FINE ALLOWABLE UNDER HIS JURISDICTION IN ADDITION TO ASSESSMENTS.

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

S. 332 -- Senator Hayes: A BILL TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES, FINES, AND FORFEITURE PROCEDURES ASSOCIATED WITH THE UNLAWFUL CARRYING OF A PISTOL, SO AS TO NOT ALLOW A CONFISCATED PISTOL TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL AND TO ALLOW A CONFISCATED PISTOL TO BE DESTROYED; TO AMEND SECTION 16-23-405, RELATING TO THE DEFINITION OF WEAPON, AND TO THE CONFISCATION AND DISPOSITION OF WEAPONS USED IN THE COMMISSION OR FURTHERANCE OF A CRIME, SO AS TO ALLOW A LAW ENFORCEMENT AGENCY THAT RECEIVES A CONFISCATED WEAPON TO TRADE IT WITH CERTAIN RETAIL DEALERS, TO NOT ALLOW A CONFISCATED WEAPON TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL, AND TO ALLOW A CONFISCATED WEAPON TO BE DESTROYED; TO AMEND SECTION 23-31-180, AS AMENDED, RELATING TO THE FORFEITURE AND DESTRUCTION OF PISTOLS DECLARED TO BE CONTRABAND, SO AS TO NOT ALLOW PISTOLS DECLARED TO BE CONTRABAND TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL AND TO REQUIRE THESE WEAPONS TO BE EITHER DESTROYED OR DISPLAYED; AND TO REPEAL SECTION 16-23-500 RELATING TO THE AUTHORITY OF CLERKS OF COURT AND MAYORS TO SELL CONFISCATED OR FORFEITED WEAPONS.

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

S. 333 -- Senator Hayes: A BILL TO AMEND SECTION 27-40-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT, LANDLORD REMEDIES, AND FAILURE OF TENANT TO PAY RENT, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT "RENTAL AGREEMENT" INCLUDES A RENTAL LEASE AGREEMENT BETWEEN THE LANDLORD AND THE TENANT AND THAT THE WRITTEN NOTICE REQUIREMENT UPON THE LANDLORD IN ORDER TO COMMENCE EVICTION PROCEEDINGS BECAUSE OF THE TENANT'S NONPAYMENT OF RENT SHALL BE DEEMED COMPLIED WITH IF THE RENTAL LEASE AGREEMENT CONTAINS A CERTAIN PROVISION.

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

S. 334 -- Senators Wilson and Lander: A BILL TO AMEND SECTION 16-11-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MALICIOUS INJURY TO ANIMALS AND OTHER PERSONAL PROPERTY, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 16-13-30, AS AMENDED, RELATING TO PETIT AND GRAND LARCENY, SO AS TO REVISE THE VALUE OF STOLEN GOODS THAT CONSTITUTES PETIT AND GRAND LARCENY AND TO REVISE THE PENALTIES FOR GRAND LARCENY; AND TO AMEND SECTION 20-7-7210, AS AMENDED, RELATING TO OUT-OF-HOME PLACEMENT, SO AS TO PROVIDE THAT A CHILD IS ELIGIBLE FOR DETENTION IN A JUVENILE DETENTION FACILITY FOR THE COMMISSION OF CERTAIN MISDEMEANORS.

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

S. 335 -- Senator Giese: A BILL TO AMEND SECTION 61-4-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN CONTAINERS OF BEER OR WINE IN VEHICLES, SO AS TO ELIMINATE THE LANGUAGE DESCRIBING THE VEHICLE AS ONE "LICENSED TO TRAVEL IN THIS STATE OR ANY OTHER STATE".

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

S. 336 -- Senators Courson, J. Verne Smith, McConnell, Wilson and Ravenel: A CONCURRENT RESOLUTION TO PROPOSE THAT THE GENERAL ASSEMBLY DESIGNATE MARCH 8, 1997, AS PALMETTO BALL DAY IN SOUTH CAROLINA IN HONOR OF THE MUSEUM OF THE CONFEDERACY.

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

S. 337 -- Senator Ford: A BILL TO CREATE THE CHARLESTON COUNTY CONSOLIDATED SCHOOL DISTRICTS AND TO REPEAL ACT NO. 340 OF 1967, AS LAST AMENDED BY ACT #139 OF 1969, SO AS TO ABOLISH THE SCHOOL DISTRICT OF CHARLESTON COUNTY.

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

S. 338 -- Senator Setzler: A JOINT RESOLUTION TO APPROPRIATE FOR FISCAL YEAR 1996-97 SIX MILLION SEVEN HUNDRED THOUSAND DOLLARS TO THE DEPARTMENT OF EDUCATION FROM CERTAIN 1996-97 SURPLUS GENERAL FUND REVENUES TO FUND THE BASE STUDENT COST FIGURE IN THE EDUCATION FINANCE ACT FORMULA ADJUSTED TO REFLECT THE ACTUAL NUMBER OF STUDENTS IN ORDER TO PROVIDE ONE HUNDRED PERCENT OF FULL IMPLEMENTATION OF THE EDUCATION FINANCE ACT.

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

H. 3362 -- Reps. Sharpe, T. Brown, Carnell, Stoddard, Koon, Rhoad, Riser, Witherspoon, Barfield and G. Brown: A CONCURRENT RESOLUTION TO COMMEND SOUTH CAROLINA'S FFA MEMBERS, THEIR ADVISORS, SCHOOL ADMINISTRATORS, PARENTS, AND ALL WHO SUPPORT AND ENCOURAGE THESE STUDENTS OF NATURAL, ENVIRONMENTAL, AND AGRICULTURAL RESOURCES EDUCATION ON THE OCCASION OF THE CELEBRATION OF NATIONAL FFA WEEK, FEBRUARY 15-22, 1997.

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

H. 3364 -- Reps. Spearman, Lee, Allison, Byrd, Cobb-Hunter, Gamble, Hinson, Martin, Meacham, Miller, Moody-Lawrence, Mullen, Neilson, Parks, Rodgers, Seithel and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING OUR DISTINGUISHED COLLEAGUE, THE HONORABLE ELSIE RAST STUART, ON HER ELECTION AS PRESIDENT OF THE NATIONAL ORDER OF WOMEN LEGISLATORS.

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

H. 3386 -- Reps. Harvin and Young: A CONCURRENT RESOLUTION CONGRATULATING BILL FENTERS OF CLARENDON COUNTY ON BEING SELECTED AS POTENTATE OF OMAR SHRINE TEMPLE.

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

H. 3387 -- Reps. Harvin and Young: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE D. LESLIE TINDAL, STATE COMMISSIONER OF AGRICULTURE, ON BEING CHOSEN PRESIDENT-ELECT OF THE NATIONAL ASSOCIATION OF STATE DEPARTMENTS OF AGRICULTURE (NASDA).

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

H. 3406 -- Reps. T. Brown, Barfield, Edge, Kennedy, Harvin, Askins and Miller: A CONCURRENT RESOLUTION TO COMMEND THE THREE RIVERS HISTORICAL SOCIETY OF HEMINGWAY AND ITS OFFICERS AND MEMBERS FOR THEIR OUTSTANDING WORK IN CHRONICLING AND PRESERVING THE HISTORY AND GENEALOGY OF THE CITIZENS WHO LIVE IN HEMINGWAY, IN WILLIAMSBURG COUNTY, AND IN SURROUNDING COMMUNITIES AND COUNTIES LOCATED IN THE PEE DEE, BLACK, AND LYNCHES RIVERS REGION OF SOUTH CAROLINA.

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

H. 3416 -- Reps. Wilkins, Haskins, Miller, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING PROFOUND SORROW AT THE DEATH OF CARROLL A. CAMPBELL, SR., THE FATHER OF OUR DISTINGUISHED FORMER GOVERNOR, AND EXTENDING DEEPEST SYMPATHY TO GOVERNOR CAMPBELL AND ALL THE MEMBERS OF THE CAMPBELL FAMILY.

Whereas, Carroll Ashmore Campbell, Sr., died February 3, 1997, at the age of eighty-one; and

Whereas, Mr. Campbell, the father of our distinguished former Governor, was born in Piedmont in 1915 and retired from a career in textile management, furniture and interior design, and motel management; and

Whereas, he attended Furman University and graduated from the University of Pennsylvania in textile engineering; he was also a World War II Navy veteran, serving as a lieutenant commander; and

Whereas, he was very active in his community, his church, and civic clubs; he was a true gentleman and an outstanding individual in every way; throughout his life he earned the respect, admiration, and love of everyone who knew him; and

Whereas, we want Mr. Campbell's family to know that we realize how much they will miss this wonderful man and outstanding South Carolinian and that they are uppermost in our thoughts and prayers. Now, therefore,

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

That the members of the General Assembly, of the State of South Carolina, by this resolution, express profound sorrow at the death of Carroll A. Campbell, Sr., the father of our distinguished former Governor, and extend deepest sympathy to Governor Campbell and all the members of the Campbell family.

Be it further resolved that a copy of this resolution be forwarded to Mr. Campbell's family.

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

H. 3039 -- Reps. Cato, Seithel, Haskins and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-33-320 SO AS TO PROVIDE THAT, TO THE EXTENT THAT A HEALTH BENEFIT PLAN OR HEALTH INSURER REQUIRES ENROLLEES TO RECEIVE HEALTH SERVICES THROUGH A NETWORK OF CONTRACTED PROVIDERS, THE PROVISIONS OF THESE CONTRACTS DO NOT LIMIT THE CONTRACT PROVIDER'S ABILITY TO DISCUSS WITH AN ENROLLEE THE TREATMENT OPTIONS AVAILABLE TO THE ENROLLEE, RISKS ASSOCIATED WITH THE TREATMENTS, OR A RECOMMENDED COURSE OF TREATMENT OR LEGAL OBLIGATIONS TO INDIVIDUAL PATIENTS AS SPECIFIED UNDER THE PROVIDER'S PROFESSIONAL LICENSE, AND PROVIDE FOR RELATED MATTERS.

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

H. 3143 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Harrison, Meacham, Sharpe, D. Smith, Townsend, Vaughn, Allison, Altman, Bailey, Barfield, Barrett, Bauer, Beck, Campsen, Chellis, Cotty, Davenport, Delleney, Felder, Gamble, Harrell, Hinson, Jordan, Kelley, Keegan, Kinon, Kirsh, Klauber, Law, Leach, Littlejohn, Limbaugh, Lloyd, Martin, McKay, McMaster, Rice, Riser, Robinson, Rodgers, Sandifer, Simrill, Spearman, Tripp, Walker, Witherspoon, Woodrum, Young, Young-Brickell, Stuart, Mullen, Seithel, Edge, Knotts, Mason, Limehouse, Hamilton, Whatley and Hawkins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, BY ADDING SECTION 15A SO AS TO REQUIRE THAT A BILL OR RESOLUTION OF THE GENERAL ASSEMBLY IMPOSING OR INCREASING A TAX OR FEE BE SUBMITTED TO A VOTE OF THE ELECTORS OF THE STATE IF THE BILL OR RESOLUTION DOES NOT RECEIVE THE APPROVAL OF TWO-THIRDS OF THE MEMBERSHIP OF THE HOUSE OF REPRESENTATIVES AND TWO-THIRDS OF THE MEMBERSHIP OF THE SENATE; AND TO REQUIRE THAT THE GENERAL ASSEMBLY PROVIDE A PROCEDURE BY WHICH ELECTORS SHALL VOTE IF THE BILL OR RESOLUTION DOES NOT RECEIVE THE REQUIRED TWO-THIRDS VOTE.

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

H. 3144 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Harrison, Meacham, Sharpe, D. Smith, Townsend, Vaughn, Allison, Altman, Bailey, Barfield, Barrett, Bauer, Beck, Campsen, Chellis, Cotty, Davenport, Delleney, Felder, Gamble, Harrell, Hinson, Jordan, Kelley, Keegan, Kinon, Kirsh, Klauber, Law, Leach, Littlejohn, Limbaugh, Lloyd, Martin, McKay, McMaster, Rice, Riser, Robinson, Rodgers, Sandifer, Simrill, Spearman, Tripp, Walker, Witherspoon, Woodrum, Young, Young-Brickell, Stuart, Mullen, Seithel, Edge, Knotts, Mason, Sharpe, Hamilton, Webb and Whatley: A BILL TO AMEND SECTION 11-11-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON GENERAL TAX INCREASES AND NEW GENERAL TAXES, SO AS TO REQUIRE A TWO-THIRDS VOTE IN EACH HOUSE FOR SUCH IMPOSITION.

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

H. 3158 -- Reps. Young-Brickell, Meacham and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 1 SO AS TO PROVIDE FOR A PRIVATIZATION POLICY BOARD FOR STATE GOVERNMENT, PROVIDE FOR THE MEMBERSHIP, DUTIES, AND FUNCTIONS OF THE BOARD, AND DEFINE PRIVATIZATION AS AN ACTION BY A STATE AGENCY TO CONTRACT WITH THE PRIVATE SECTOR OR WITH ANOTHER STATE AGENCY TO PERFORM FUNCTIONS OR SERVICES CURRENTLY BEING PERFORMED BY IT.

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

H. 3169 -- Rep. Cato: A BILL TO AMEND TITLE 40, CHAPTER 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA REAL ESTATE COMMISSION, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND, AMONG OTHER THINGS, TO EXPAND THE RESPONSIBILITIES OF A "BROKER-IN-CHARGE", TO ESTABLISH THE PARAMETERS, DUTIES, AND RESPONSIBILITIES FOR AGENCY RELATIONSHIPS IN REAL ESTATE, AND TO REQUIRE LICENSEES TO HAVE A HIGH SCHOOL DIPLOMA OR THE EQUIVALENT, TO INCREASE THE HOURS REQUIRED FOR A BROKER'S LICENSE, TO ELIMINATE THE TWO-TIERED SALES EXAMINATION, TO ESTABLISH OPTIONS FOR SETTLING EARNEST MONEY DISPUTES AND TO REVISE FINES.

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

H. 3176 -- Reps. Felder and Boan: 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 REMOVE THE OUTSTANDING DEBT LIMIT FOR THESE BONDS, AUTHORIZE THEIR USE FOR REFUNDING OF EARLIER ISSUES, AND MAKE THESE BONDS PAYABLE FROM ADMISSION FEES, SPECIAL STUDENT 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.

H. 3254 -- Reps. Boan and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-285 SO AS TO PROVIDE AN ALTERNATE METHOD FOR THE REDUCTION OF THE CORPORATE LIMITS WHEN THE AREA IS OWNED BY A MUNICIPALITY OR COUNTY.

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

H. 3257 -- Reps. Kelley and Keegan: A BILL TO AMEND SECTION 38-79-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLICY FORMS, PROVISIONS, AND RATES; SECTION 38-79-260, AS AMENDED, RELATING TO THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION; AND SECTION 38-79-430, AS AMENDED, RELATING TO THE BOARD OF GOVERNORS OF THE SOUTH CAROLINA PATIENTS' COMPENSATION FUND, SO AS TO REMOVE THE INVOLVEMENT OF THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE IN THE ASSOCIATION AND THE FUND; AND TO REPEAL SECTION 38-79-270 RELATING TO APPEALS OF ACTIONS OF THE STATE MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION.

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

H. 3339 -- Reps. Bauer and Riser: A BILL TO AMEND ACT 329 OF 1969, AS AMENDED, RELATING TO THE IRMO-CHAPIN RECREATION DISTRICT IN LEXINGTON COUNTY, SO AS TO PERMIT THE DISTRICT TO PROVIDE FOR THE ENFORCEMENT OF LAWS ON PROPERTY OWNED BY IT OR SUBJECT TO ITS CONTROL OR JURISDICTION.

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

H. 3349 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF PHARMACY, RELATING TO EXAMINATION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2037, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3277 -- Reps. Stuart, Felder and Govan: A BILL TO AMEND ACT 526 OF 1996, RELATING TO THE CONSOLIDATION OF ORANGEBURG COUNTY SCHOOL DISTRICTS, SO AS TO PROHIBIT THE ISSUING OF GENERAL OBLIGATION BONDS AND THE CONDUCTING OF ANY REFERENDUM NECESSARY TO ISSUE BONDS BY ANY SCHOOL DISTRICT IN ORANGEBURG COUNTY BEFORE JULY 1, 1997.

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

On motion of Senators HUTTO and MATTHEWS, H. 3277 was ordered to receive a second reading with notice of general amendments on Friday, February 7, 1997.

Senator COURSON from the Committee on Invitations has polled out H. 3319 favorable:

H. 3319 -- Rep. Miller: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF APRIL 13-19, 1997, AS "SOUTH CAROLINA PUBLIC SAFETY TELECOMMUNICATIONS WEEK" IN HONOR AND RECOGNITION OF OUR DEDICATED PUBLIC SAFETY TELECOMMUNICATIONS PERSONNEL AND THE VITAL CONTRIBUTIONS THEY MAKE TO THE SAFETY AND WELL-BEING OF THE CITIZENS OF SOUTH CAROLINA.

Courson                   Wilson                    Patterson
Russell                   O'Dell                    Passailaigue
Washington

Matthews                  Rose                      McGill

Ordered for consideration tomorrow.

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.

Returned with concurrence.

Received as information.

S. 313 -- Senator Setzler: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. HOLLAND CARTER BRELAND OF WEST COLUMBIA UPON HIS DEATH.

Returned with concurrence.

Received as information.

S. 314 -- Senator Jackson: A CONCURRENT RESOLUTION COMMENDING BERNICE G. SCOTT OF RICHLAND COUNTY FOR HER MANY CONTRIBUTIONS TO HER COMMUNITY AND FOR HER UNTIRING EFFORTS TO ESTABLISH GOOD GOVERNMENT AT THE LOCAL LEVEL.

Returned with concurrence.

Received as information.

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

S. 60 -- Senator Holland: A BILL TO AMEND SECTION 56-5-2990, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN REVOKED FOR A FIFTH OFFENSE; AND TO ADD SECTION 56-1-385, SO AS TO PROVIDE FOR THE PROCEDURES AND REQUIREMENTS FOR REINSTATEMENT OF THE DRIVER'S LICENSE AFTER A FIFTH OFFENSE.

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

The Committee on Judiciary proposed the following amendment (JUD0060.001), which was adopted:

Amend the bill, as and if amended, page 2, line 4, in Section 56-5-2990, as contained in SECTION 1, by striking line 4 in its entirety and inserting therein:

/Department of Revenue and Taxation Public Safety to operate a motor vehicle/

Amend title to conform.

Senator COURTNEY explained the amendment.

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

Senators MESCHER, HAYES, WILSON, FAIR and RUSSELL desired to be recorded as voting against the second reading of the Bill.

The following Bills and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:

S. 87 -- Senator Holland: A BILL TO AMEND SECTION 56-1-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WHILE LICENSE IS CANCELED, SUSPENDED, OR REVOKED, SO AS TO EXPAND THE POSSIBLE PENALTY FOR A THIRD AND SUBSEQUENT OFFENSE TO INCLUDE A SENTENCE OF NINETY DAYS TO SIX MONTHS HOUSE ARREST, WHEN THE SUSPENSION IS NOT PURSUANT TO SECTION 56-5-2990, RELATING TO SUSPENSIONS FOR DRIVING UNDER THE INFLUENCE.

S. 88 -- Senator Holland: A BILL TO AMEND SECTION 16-3-1700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HARASSMENT AND STALKING, SO AS TO EXPAND THE DEFINITION OF HARASSMENT TO INCLUDE ELECTRONIC CONTACT.

S. 324 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORKERS' COMPENSATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2116, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 77 -- Senators Holland and Giese: A BILL TO AMEND SECTION 22-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFERRING A CLAIM AND COUNTERCLAIM FROM MAGISTRATES COURT TO THE COURT OF COMMON PLEAS IF A SUCCESSFUL COUNTERCLAIM WOULD EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS, SO AS TO INCREASE TO FIVE THOUSAND DOLLARS THE AMOUNT OF A COUNTERCLAIM WHICH MAY BE FILED IN MAGISTRATES COURT.

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

Senator COURTNEY proposed the following amendment (JUD0077.002), which was adopted:

Amend the committee report, as and if amended, page [77-1], line 27, by striking line 27 and inserting therein the following:

/civil jurisdictional amount as provided in Section 22-3-10, then/.

Amend title to conform.

Senator COURTNEY explained the amendment.

The Committee on Judiciary proposed the following amendment (JUD0077.001), which was adopted:

Amend the bill, as and if amended, page 1, line 27, in Section 22-3-30, as contained in SECTION 1, by striking line 27 in its entirety and inserting therein the following:

/would exceed two thousand five hundred dollars the magistrates' civil jurisdictional amount, then/

Amend title to conform.

Senator COURTNEY explained the amendment.

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

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

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

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

S. 64 -- Senator Holland: A BILL TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE SOUTH CAROLINA SENATE OR HOUSE OF REPRESENTATIVES; AND TO RATIFY AN AMENDMENT TO SECTION 1, ARTICLE VI RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW OR A VIOLATION OF CERTAIN ELECTION LAWS, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES, AND PROVIDE THAT THIS PROHIBITION DOES NOT APPLY TO A PERSON WHO HAS BEEN PARDONED UNDER STATE OR FEDERAL LAW OR TO A PERSON WHO FILES FOR PUBLIC OFFICE FIFTEEN YEARS OR MORE AFTER THE COMPLETION DATE OF SERVICE OF THE SENTENCE, INCLUDING PROBATION AND PAROLE TIME, NOR SHALL ANY PERSON SERVING IN OFFICE PRIOR TO THE RATIFICATION OF THESE AMENDMENTS BE REQUIRED TO VACATE THE OFFICE TO WHICH HE IS ELECTED.

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

Senator PATTERSON argued contra to the third reading of the Bill.

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

S. 70 -- Senator McConnell: A BILL TO AMEND SECTION 2-19-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY OF RETIRED JUSTICES OR JUDGES TO BE APPOINTED TO SERVE IN COURTS OF THIS STATE, SO AS TO PROVIDE THAT THESE JUSTICES OR JUDGES MUST BE FOUND QUALIFIED TO SERVE BY THE JUDICIAL MERIT SELECTION COMMISSION WITHIN FOUR YEARS RATHER THAN TWO YEARS OF THEIR DATE OF APPOINTMENT TO SERVE; AND TO AMEND SECTION 2-19-110, RELATING TO THE
ELIGIBILITY OF PERSONS TO BE APPOINTED AS MASTER-IN-EQUITY AFTER REVIEW BY THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO REVISE THE APPOINTMENT PROCEDURE.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.

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

S. 195 -- Senators Holland and Wilson: A BILL TO AMEND SECTION 7-13-1400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTE RECORDERS, SO AS TO DELETE A PROVISION WHICH REQUIRES A POLL MANAGER TO FURNISH FOR EACH VOTE RECORDER A SEAL FOR SEALING THE VOTE RECORDER AFTER THE POLLS ARE CLOSED.

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

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

S. 310 -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 33, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, SO AS TO ENACT THE SOUTH CAROLINA PATIENTS' INSURANCE AND BENEFITS PROTECTION ACT WHICH DEFINES CERTAIN HEALTH CARE PLANS AND OTHER TERMS; SPECIFIES CERTAIN HEALTH INSURANCE COVERAGE OPTIONS WHEN THE INSUREE IS EMPLOYED BY AN EMPLOYER THAT HAS MORE THAN FIFTY EMPLOYEES; AND PROVIDES CERTAIN EXCLUSIONS FROM THE APPLICATION OF THE PROVISIONS OF THIS ARTICLE.

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

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

S. 236 -- Senators McConnell, Passailaigue and Giese: A BILL TO AMEND CHAPTER 9, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES, SO AS TO REVISE THE REQUIREMENTS FOR THESE CODES AND THE MANNER IN WHICH COUNTIES AND MUNICIPALITIES MUST ADOPT AND ENFORCE SUCH CODES, REVISE THE MEMBERSHIP OF THE BUILDING CODES COUNCIL, REVISE PENALTIES, PROVIDE FOR DUTIES OF THE STATE FIRE MARSHAL AND DEPUTY FIRE MARSHALS IN REGARD TO THESE CODES, AND PROVIDE FOR LIMITED APPLICATION OF THE CHAPTER; TO AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR BUILDING CODES ENFORCEMENT OFFICERS AND FOR THEIR FUNCTIONS, DUTIES, AND REGISTRATION; BY ADDING SECTION 38-7-35 SO AS TO PROVIDE THE FIRST TWO HUNDRED FIFTY THOUSAND DOLLARS OF THE PREMIUM TAX LEVIED ON FIRE INSURERS MUST BE USED FOR THE PURPOSE OF IMPLEMENTING THE TRAINING, CERTIFICATION, AND CONTINUING EDUCATION PROGRAM FOR BUILDING CODES ENFORCEMENT OFFICERS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.

Senator LANDER moved to carry over the Bill.

Senator McCONNELL moved to adjourn debate on the Bill.

Debate was adjourned on the Bill.

On motion of Senator RAVENEL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Carroll A. Campbell, Sr. of Greenville, S.C.

Senator HOLLAND moved that when the Senate adjourns on Friday, February 7, 1997, it stand adjourned to meet next Tuesday, February 11, 1997, at 12:00 Noon, which motion was adopted.

At 11:52 A.M., on motion of Senator HOLLAND, 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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