South Carolina General Assembly
112th Session, 1997-1998
Journal of the Senate

THURSDAY, FEBRUARY 13, 1997

Thursday, February 13, 1997
(Statewide Session)

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:

Commemorating the memory of President Abraham Lincoln (1809-65).
Beloved, hear the grand cadences of the King James Version of St. Paul's First Epistle to the Corinthians (12:31-13:1):

"And yet show I unto you

a more excellent way.

Though I speak with the tongues

of men and of angels,

and have not charity,

I am become as sounding brass, or

a tinkling cymbal."
Let us pray.

O God and Father of us all:

We whose forebears were locked in mortal combat with him, give thanks this day for the remembrance of the life and labors of Your servant, Abraham Lincoln.

We do believe, and my own grandfather among us, that our life in the South, after the War, would have been better had he lived.

In a world still suffering from a lack of good will and charity toward each other, help us to be inspired anew by the memory of him who said at Gettysburg:

"It is rather for us to be here

Dedicated to the great task remaining

before us...

That from these honored dead we take

increased devotion to that cause for

which they gave the last full measure

of devotion...

That this nation, under God, shall have

a new birth of freedom..."

Help us, by Your Grace, to join his spiritual army.

Amen.

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

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

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

Statewide Appointment

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

2nd Congressional District:

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

COMMUNICATION RECEIVED
JENNINGS & HARRIS

January 31, 1997
S.C. State Senate
P.O. Box 142
Columbia, SC 29202

Dear Members and Staff:

Jean's soul and Jean's family are grateful for your thoughtfulness and generosity during the recent tragedy.

I am confident that she is abidingly aware of your expression of concern.

The complete Harris family is thankful to you.

Sincerely,
C. Anthony Harris

Doctor of the Day

Senator MARTIN introduced Dr. Larry Winn of Easley, S.C., Doctor of the Day.

Leave of Absence

At 11:15 A.M., Senator DRUMMOND requested a leave of absence for the balance of the day.

Leave of Absence

On motion of Senator PASSAILAIGUE, at 11:15 A.M., Senator SALEEBY was granted a leave of absence for the balance of the day.

Leave of Absence

On motion of Senator WASHINGTON, at 11:30 A.M., Senator WILLIAMS was granted a leave of absence for the balance of the day.

Message from the House

Columbia, S.C., January 21, 1997

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed the following:

STATEWIDE APPOINTMENT

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

Very respectfully,
Speaker of the House

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 374 -- Senator Anderson: A SENATE RESOLUTION TO RECOGNIZE THE SHARE ORGANIZATION FOR THIRTY-ONE YEARS OF REBUILDING FAMILIES AND COMMUNITIES ON THE OCCASION OF ITS ANNUAL BANQUET ON THURSDAY, FEBRUARY 20, 1997.

The Senate Resolution was adopted.

S. 375 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-870 SO AS TO PROVIDE LIMITATIONS ON THE AMOUNT OF COMPENSATION THAT MAY BE PAID TO POLL WATCHERS AND OTHERS PROVIDING ELECTION DAY ACTIVITIES ON BEHALF OF CANDIDATES OR COMMITTEES, AND TO PROVIDE EXCEPTIONS TO THOSE LIMITATIONS; TO AMEND SECTION 8-13-1310 RELATING TO RECIPIENTS AND REVIEW OF CERTIFIED CAMPAIGN REPORTS SO AS TO REQUIRE THE STATE ETHICS COMMISSION TO FORWARD A COPY OF ALL CAMPAIGN REPORTS TO THE CLERK OF COURT OF THE COUNTY OF RESIDENCE OF THE PERSON REQUIRED TO FILE WITHIN TWO DAYS OF RECEIPT OF THE REPORT, AND TO PROVIDE THE STATE ETHICS COMMISSION MUST REVIEW ALL STATEMENTS FOR INADVERTENT AND UNINTENTIONAL ERRORS OR OMISSIONS; TO AMEND SECTION 8-13-1366 RELATING TO PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS SO AS TO ELIMINATE THE REQUIREMENT THAT CERTIFIED CAMPAIGN REPORTS BE MADE AVAILABLE FOR PUBLIC INSPECTION AT THE OFFICE OF THE STATE ELECTION COMMISSION; AND TO AMEND SECTION 8-13-1372 RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS SO AS TO PROVIDE THAT THE STATE ETHICS COMMISSION RATHER THAN THE STATE ELECTION COMMISSION MAY DETERMINE THAT ERRORS AND OMISSIONS ON CAMPAIGN REPORTS ARE INADVERTENT AND UNINTENTIONAL, AND THAT THE STATE ETHICS COMMISSION MAY ASSESS A TECHNICAL VIOLATIONS PENALTY NOT TO EXCEED FIFTY DOLLARS.

Read the first time and referred to Committee on Judiciary.

S. 376 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-15-100 SO AS TO LIMIT THE CLERICAL FEE FOR SEARCHING AND HANDLING MEDICAL INFORMATION OR RECORDS UNDER SECTIONS 42-15-95, 44-7-325, AND 44-115-80 TO AN INITIAL, ONE-TIME-ONLY FEE WITH RESPECT TO AN INDIVIDUAL AND ALLOW ONLY POSTAGE AND THE PRESCRIBED COPYING FEE TO BE CHARGED FOR UPDATES OF MEDICAL NOTES OR RECORDS.

Read the first time and referred to Committee on Judiciary.

S. 377 -- Senator Giese: A BILL TO AMEND SECTIONS 16-11-510 AND 16-11-520, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MALICIOUS INJURY TO PERSONAL AND REAL PROPERTY, SO AS TO PROVIDE THAT THE PENALTIES FOR VIOLATING EITHER CRIME APPLY WHEN INJURY TO THE PROPERTY OR PROPERTY LOSS OCCURS.

Read the first time and referred to Committee on Judiciary.

S. 378 -- Senators Wilson and Giese: A BILL TO AMEND SECTION 20-7-2379, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT THE DIVISION SHALL SUBMIT RECOMMENDATIONS CONCERNING FOSTER CARE POLICIES, PROCEDURES, AND DEFICIENCIES OF AGENCIES TO THE GOVERNOR RATHER THAN TO THE GENERAL ASSEMBLY.

Read the first time and referred to Committee on Judiciary.

S. 379 -- Senators Leventis, Wilson, Hayes, Lander, McConnell, Ford, Mescher, Passailaigue, Ravenel, Rose, Washington and Williams: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO AMEND THE LAWS, PARTICULARLY SECTION 107 OF TITLE 32 OF THE UNITED STATES CODE, TO BROADEN THE PURPOSES FOR WHICH THE SECRETARIES OF THE ACTIVE COMPONENTS, THROUGH THE NATIONAL GUARD BUREAU, ARE AUTHORIZED TO CONTRIBUTE FEDERAL FUNDS TO A STATE OR TERRITORY, PUERTO RICO, OR THE DISTRICT OF COLUMBIA TO SUPPORT ACTIVITIES ASSOCIATED WITH THE AFFAIRS OF THE ACTIVE COMPONENTS IF THE SECRETARY CONCERNED AND THE CHIEF OF THE NATIONAL GUARD BUREAU AGREE TO DELEGATE RESPONSIBILITY FOR EXECUTING THOSE FUNCTIONS TO THE NATIONAL GUARD.

Senator LEVENTIS spoke on the Resolution.

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

H. 3119 -- Rep. Klauber: A BILL TO AMEND SECTION 8-7-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEAVES OF ABSENCE AUTHORIZED FOR PUBLIC OFFICERS AND EMPLOYEES IN THE NATIONAL GUARD OR RESERVE MILITARY FORCES, SO AS TO PROVIDE THAT THE TERMS "WORK DAY" AND "DAY" IN REGARD TO THESE LEAVES OF ABSENCE CONSIST OF A SPECIFIED NUMBER OF HOURS.

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

H. 3253 -- Reps. Klauber and Hawkins: A BILL TO AMEND SECTION 25-1-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE ADJUTANT GENERAL, SO AS TO ALLOW THE ADJUTANT GENERAL TO ORDER A MEMBER OF THE NATIONAL GUARD TO ACTIVE DUTY, SUBJECT TO CONSENT AND AVAILABLE FUNDING.

Read the first time and referred to the General Committee.

H. 3354 -- Reps. Quinn and D. Smith: A CONCURRENT RESOLUTION DECLARING APRIL 20-26, 1997, AS "SOUTH CAROLINA GOLF WEEK" FOR 1997.

Whereas, "South Carolina Golf Week" is sponsored by the South Carolina Golf Association and the South Carolina Junior Golf Association as a week to showcase golf with the emphasis on the economic impact that the game has on our great State; and

Whereas, South Carolina is now the Number One golf destination in the United States -- a fact which enables golf operations in South Carolina to generate more than five million dollars in admissions taxes; and

Whereas, the golf industry in the Palmetto State has an overall economic impact approaching the range of one and a half billion dollars; this fact makes it clear how important this industry is to South Carolina. Now, therefore,

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

That April 20-26, 1997, is declared "South Carolina Golf Week" for 1997.

Be it further resolved that a copy of this resolution be forwarded to Mr. Happ Lathrop, Executive Director of the South Carolina Golf Association and the South Carolina Junior Golf Association.

Introduced and referred to the Committee on Invitations.

H. 3371 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO SCHOOL SUPERINTENDENT QUALIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1937, 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 Education.

H. 3372 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO DISTRIBUTION OF LUNCHROOM DUTY TIME FOR TEACHERS, GRADES 1-6, DESIGNATED AS REGULATION DOCUMENT NUMBER 1949, 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 Education.

H. 3373 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO ACCELERATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1971, 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 Education.

H. 3374 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO SCHOOL ADMISSION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1974, 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 Education.

H. 3375 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PROPRIETARY SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1979, 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 Education.

H. 3376 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PRINCIPAL EVALUATION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1984, 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 Education.

H. 3377 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PRINCIPAL INCENTIVE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1987, 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 Education.

H. 3393 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADVISORY COUNCIL (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1982, 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 Education.

H. 3394 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL GRANTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1986, 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 Education.

H. 3441 -- Reps. Knotts, Bauer, Gamble, Koon, Riser, Spearman, Stuart, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, 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, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stoddard, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING AND THANKING DETECTIVE BILLY ALLEN AND DETECTIVE DAVID GRICE OF THE LEXINGTON COUNTY SHERIFF'S OFFICE FOR THEIR OUTSTANDING WORK IN THE ST. JOHN BAPTIST CHURCH INVESTIGATION.

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

H. 3442 -- Reps. Klauber, Carnell, Parks and Stille: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF ERNEST THOMAS MCCUTCHEON, SR., OF GREENWOOD AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

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

REPORT OF STANDING COMMITTEE

Senator HAYES from the Committee on Medical Affairs submitted a favorable report on:

S. 30 -- Senators Hayes and Giese: A BILL TO AMEND SECTION 44-77-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABSENCE OF A DECLARATION OF A DESIRE FOR A NATURAL DEATH NOT CREATING A PRESUMPTION AS TO INTENT TO CONSENT TO OR REFUSE "DEATH-PROLONGING" PROCEDURES, SO AS TO CHANGE THIS TERM TO "LIFE-SUSTAINING" PROCEDURES.

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 349 -- Senators Wilson, 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, J. Verne Smith, Thomas, Waldrep, Washington and Williams: A CONCURRENT RESOLUTION COMMENDING AND RECOGNIZING MRS. PATRICIA MOORER KIRKLAND OF LEXINGTON COUNTY, UPON HER RETIREMENT AS LEGISLATIVE NURSE FOR THE GENERAL ASSEMBLY, FOR HER YEARS OF EXEMPLARY SERVICE TO THE GENERAL ASSEMBLY, TO HER STATE, AND TO HER COMMUNITY.

Returned with concurrence.

Received as information.

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

THIRD READING BILLS

The following Bill and Joint Resolution were read the third time and ordered sent to the House of Representatives:

S. 41 -- Senator Short: A BILL TO AMEND SECTION 56-5-2947, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CHILD ENDANGERMENT, SO AS TO INCLUDE A VIOLATION OF SECTION 56-5-750, RELATING TO THE OFFENSE OF FAILING TO STOP FOR A BLUE LIGHT.

S. 347 -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON AUGUST 15 AND 16, 1996, BY THE STUDENTS OF CERTAIN SCHOOLS OF THE SCHOOL DISTRICT OF OCONEE COUNTY DUE TO INCOMPLETE SCHOOL RENOVATIONS, AND THE SCHOOL DAY MISSED ON AUGUST 15, 1996, BY THE STUDENTS OF CERTAIN OTHER SCHOOLS OF THE SCHOOL DISTRICT OF OCONEE COUNTY FOR SCHOOL YEAR 1996-97 DUE TO A TRAIN DERAILMENT WHICH REQUIRED THE EVACUATION OF THESE SCHOOLS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

SECOND READING BILLS

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

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.

S. 224 -- Senator Holland: A BILL TO AMEND SECTION 7-17-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEARING OF APPEALS BY THE STATE BOARD OF CANVASSERS, SO AS TO PROVIDE THAT THE BOARD SHALL MEET NOT LATER THAN NOON ON MONDAY TWO WEEKS FOLLOWING THE FILING OF ANY NOTICE PERFECTED UNDER SECTION 7-17-70 FOR THE PURPOSE OF HEARING APPEALS.

S. 361 -- Senator Mescher: A JOINT RESOLUTION TO PROVIDE THAT CERTAIN STUDENTS FOR THE 1996-97 SCHOOL YEAR ARE EXEMPT FROM THE REQUIREMENTS OF SECTION 59-39-160 OF THE 1976 CODE AND MAY PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES UNDER SPECIFIED CONDITIONS.

(By prior motion of Senator MESCHER)

S. 362 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO ACCOUNTING AND REPORTING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1993, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator SETZLER explained the Joint Resolution.

S. 362--Ordered to a Third Reading

On motion of Senator SETZLER, with unanimous consent, S. 362 was ordered to receive a third reading on Friday, February 14, 1997.

S. 363 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO STATE AID (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1992, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 363--Ordered to a Third Reading

On motion of Senator SETZLER, with unanimous consent, S. 363 was ordered to receive a third reading on Friday, February 14, 1997.

S. 364 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PROVIDING FOR THE DISBURSEMENT OF FUNDS FOR TRAINABLE AND MENTALLY HANDICAPPED STUDENTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2014, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator LANDER explained the Joint Resolution.

S. 364--Ordered to a Third Reading

On motion of Senator SETZLER, with unanimous consent, S. 364 was ordered to receive a third reading on Friday, February 14, 1997.

S. 365 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO AUDITS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1996, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 365--Ordered to a Third Reading

On motion of Senator SETZLER, with unanimous consent, S. 365 was ordered to receive a third reading on Friday, February 14, 1997.

S. 366 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO ANNUAL BUDGET DEADLINES AND SCHEDULES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1991, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 366--Ordered to a Third Reading

On motion of Senator SETZLER, with unanimous consent, S. 366 was ordered to receive a third reading on Friday, February 14, 1997.

S. 367 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PERSONNEL RECORDS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2004, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 367--Ordered to a Third Reading

On motion of Senator SETZLER, with unanimous consent, S. 367 was ordered to receive a third reading on Friday, February 14, 1997.

S. 368 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO ACCOUNTING AND REPORTING INVENTORIES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1995, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 368--Ordered to a Third Reading

On motion of Senator SETZLER, with unanimous consent, S. 368 was ordered to receive a third reading on Friday, February 14, 1997.

S. 369 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO STUDENT TRANSPORTATION MANAGEMENT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2000, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator LANDER explained the Joint Resolution.

S. 369-Ordered to a Third Reading

On motion of Senator SETZLER, with unanimous consent, S. 369 was ordered to receive a third reading on Friday, February 14, 1997.

S. 370 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO FINANCIAL REPORTS AND STATEMENTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1994, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 370-Ordered to a Third Reading

On motion of Senator SETZLER, with unanimous consent, S. 370 was ordered to receive a third reading on Friday, February 14, 1997.

S. 371 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PROPRIETARY SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1979, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator LANDER explained the Joint Resolution.

S. 371-Ordered to a Third Reading

On motion of Senator SETZLER, with unanimous consent, S. 371 was ordered to receive a third reading on Friday, February 14, 1997.

AMENDED, READ THE SECOND TIME

S. 56 -- Senator Wilson: A BILL TO PROVIDE THAT "REGISTER OF MESNE CONVEYANCES" SHALL MEAN "REGISTER OF LAND CONVEYANCES" FOR PURPOSES OF THE LAWS OF THIS STATE, AND TO DIRECT THE CODE COMMISSIONER TO CHANGE THESE REFERENCES.

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

The Committee on Judiciary proposed the following amendment (JUD0056.001), which was adopted:

Amend the bill, as and if amended, page 1, line 23, as contained in SECTION 1, by striking /Land Conveyances/ and inserting therein the word / Deeds /.

Amend the bill further, as and if amended, page 1, line 27, by striking SECTION 2 in its entirety and inserting therein the following:

/SECTION   2.   This act takes effect July 1, 1997./

Amend title to conform.

Senator COURTNEY explained the Bill.

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

AMENDED, READ THE SECOND TIME

S. 226 -- Senator Bryan: A BILL TO AMEND SECTION 22-5-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO PROVIDE THAT A PERSON MAY HAVE HIS RECORD EXPUNGED EVEN THOUGH THE CONVICTION OCCURRED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.

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

The Committee on Judiciary proposed the following amendment (JUD0226.001), which was adopted:

Amend the bill, as and if amended, on page 1, in Section 22-5-910, as contained in SECTION 1, by striking line 39 in its entirety and inserting therein the following:

/occurred prior to June 1, 1992./

Amend title to conform.

Senator COURTNEY explained the Bill.

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

ADOPTED

H. 3353 -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, FEBRUARY 26, 1997.

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

CARRIED OVER

S. 168 -- Senator Rose: A CONCURRENT RESOLUTION TO DIRECT THE CLERK OF THE HOUSE OF REPRESENTATIVES TO PUBLISH THE SOUTH CAROLINA LEGISLATIVE MANUAL ONLY ONCE DURING THE 112TH GENERAL ASSEMBLY.

S. 218 -- Senator Wilson: A BILL TO AMEND SECTION 7-17-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY RECOUNTS IN PRIMARIES AND GENERAL ELECTIONS, SO AS TO PROVIDE THAT THE CANVASSING AGENCY SHALL GIVE PRIORITY IN THE RECOUNT TO SPECIFIC PRECINCTS IF ONE OF THE AFFECTED CANDIDATES FOR REASONABLE CAUSE SO REQUESTS.

Senator WILSON spoke on the Bill.

COMMITTEE AMENDMENT ADOPTED, CARRIED OVER

S. 8 -- Senator Rose: A BILL TO AMEND SECTION 2-1-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRINTING AND DISTRIBUTION OF THE LEGISLATIVE MANUAL, SO AS TO DIRECT THE CLERK OF THE HOUSE OF REPRESENTATIVES, BEGINNING WITH THE 112TH GENERAL ASSEMBLY AND CONTINUING WITH EACH GENERAL ASSEMBLY THEREAFTER, TO PUBLISH THE LEGISLATIVE MANUAL ONLY ONCE DURING EACH SUCCESSIVE BIENNIAL SESSION OF THE GENERAL ASSEMBLY.

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

The Committee on Judiciary proposed the following amendment (JUD0008.002), which was adopted:

Amend the bill, as and if amended, page 2, line 2, in Section 2-1-130 (A), as contained in SECTION 1, by striking line 2 in its entirety and inserting therein the following:

/(m)   Private schools; and/

Amend the bill further, as and if amended, page 2, line 9, in Section 2-1-130 (B), as contained in SECTION 1, by striking line 9 in its entirety and inserting therein the following:

/only once during each biennial session of the General Assembly.

(C)   Whenever republished after the 112th General Assembly, the South Carolina Legislative Manual must include a biography for each judicial circuit solicitor in the same form as those biographies provided for circuit court judges."/

Amend title to conform.

On motion of Senator HAYES, the Bill was carried over

CO-SPONSORSHIP ADDED

S. 18 -- Senators Courson, Passailaigue, Setzler and Giese: A BILL TO AMEND SECTION 11-11-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON TAX INCREASES AND NEW TAXES, SO AS TO REQUIRE THAT ANY GENERAL TAX INCREASE OR THE IMPOSITION OF NEW GENERAL TAX MUST BE ENACTED BY A VOTE OF AT LEAST TWO-THIRDS OF THE MEMBERS OF EACH HOUSE, AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO TAXES REQUIRED PURSUANT TO THE PROVISIONS OF SECTION 13 OF ARTICLE X, OR TO PROVISIONS IN AN ACT TO BRING THE STATE INCOME TAX PROVISIONS OF THE 1976 CODE, AS AMENDED, INTO CONFORMITY WITH THE FEDERAL INCOME TAX CODE.

On motion of Senator COURSON, with unanimous consent, the name of Senator FAIR was added as a co-sponsor of the Bill.

CO-SPONSORSHIP ADDED

S. 36 -- Senators Courson, Passailaigue, Setzler and Giese: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY ADDING SECTION 3C, SO AS TO PROVIDE THAT NO TAX, SUBSIDY, OR CHARGE SHALL BE ESTABLISHED, FIXED, LAID, OR LEVIED BY THE GENERAL ASSEMBLY, EXCEPT UPON AN ACT OF THE GENERAL ASSEMBLY ADOPTED WITH AN AFFIRMATIVE VOTE IN EACH BRANCH OF THE GENERAL ASSEMBLY BY TWO-THIRDS OF THE TOTAL MEMBERSHIP IN EACH BRANCH, PROVIDED THAT THIS SECTION SHALL NOT APPLY TO TAXES REQUIRED PURSUANT TO THE PROVISIONS OF SECTION 13 OF ARTICLE X, OR TO PROVISIONS IN AN ACT TO BRING THE STATE INCOME TAX PROVISIONS OF THE 1976 CODE, AS AMENDED, INTO CONFORMITY WITH THE FEDERAL INCOME TAX CODE.

On motion of Senator COURSON, with unanimous consent, the name of Senator FAIR was added as a co-sponsor of the Bill.

LOCAL APPOINTMENT
Confirmation

Having received a favorable report from the Members of the 2nd Congressional District, the following appointment was confirmed in open session:

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

2nd Congressional District:

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

MOTION ADOPTED

On motion of Senator McCONNELL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ms. Linda S. Murray of Awendaw, S.C.

Time Fixed

Senator HOLLAND moved that when the Senate adjourns on Friday, February 14, 1997, it stand adjourned to meet next Tuesday, February 18, 1997, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 11:33 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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