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, St. John the Apostle recorded the words of Jesus, Chapter 4 (v.34)(NRSV):

"My food is to do the will of

Him who sent me and to

complete His work!"
Let us pray.

Dear Lord, our Lord: Your ways are above our ways, and Your thoughts are beyond our understanding!

We want our people to be happy! We want our people to have good shelter, and good food... and balanced diet!

We want our people to enjoy good health, with sound bodies and sound minds.

But we have a problem!

Some of us feel that we are making more and more laws that more and more people are disobeying. Then we make more and more laws to punish them for disobedience.

But then we read what St. John says about the "coming of the Kingdom of God"... that things will be better!

Give us the Spirit to pray "Thy Kingdom come"... and let us have a part in it!

As we struggle each day with inflation and economic woes, may we hear John and the ancient voices saying,

"Man shall not live by bread alone,

But by every word that proceedeth

Out of the mouth of God."

So lead us to today's tasks.

Amen.

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

January 31, 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, Darlington County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable Guy L. Bell, Post Office Box 505, Lamar, S.C. 29069 VICE E. Preston Warr, Sr. (resigned)

February 4, 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, Florence County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998, service to commence June 30, 1997:

Honorable Shirley W. Vause, 3858 Creek Road, Timmonsville, S.C. 29161 VICE Clarice T. Kirby (retired June 30, 1997)

March 5, 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, Richland County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable Harold A. Cuff, 5195 Brogdon Court, Columbia, S.C. 29209 VICE Harry M. Tokunaga (resigned)

Senator MARTIN assumed the Chair at 11:15 A.M.

Senator LEATHERMAN introduced Dr. Steven R. Ross of Florence, S.C., Doctor of the Day.

On motion of Senator MOORE, at 11:00 A.M., Senator HOLLAND was granted a leave of absence for today.

H. 3229 -- Rep. Harvin: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON SEPTEMBER 19 AND 20, 1996, BY THE STUDENTS OF CLARENDON COUNTY SCHOOL DISTRICTS 1, 2, AND 3 IN CLARENDON COUNTY FOR SCHOOL YEAR 1996-97 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS 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.

Senator LAND asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Education.

There was no objection.

On motion of Senator LAND, the Joint Resolution was taken up for immediate consideration.

Senator LAND asked unanimous consent to give the Joint Resolution a second reading.

There was no objection.

On motion of Senator LEVENTIS, with unanimous consent, H. 3229 was ordered to receive a third reading on Thursday, March 6, 1997.

H. 3525 -- Rep. Sharpe: A JOINT RESOLUTION TO PROVIDE EMERGENCY MEASURES FOR CONTROLLING KARNAL BUNT DISEASE BY THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE AND THE STATE CROP PEST COMMISSION UNTIL JUNE 30, 1998.

Senator LEVENTIS asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Agriculture and Natural Resources.

There was no objection.

On motion of Senator LEVENTIS, the Joint Resolution was taken up for immediate consideration.

Senator LEVENTIS asked unanimous consent to give the Joint Resolution a second reading.

On motion of Senator LEVENTIS, with unanimous consent, H. 3525 was ordered to receive a third reading on Thursday, March 6, 1997.

The following were introduced:

S. 475 -- Senators McConnell, Passailaigue, Courson and J. Verne Smith: A BILL TO AMEND SECTION 12-6-5060, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX RETURNS, SO AS TO PROVIDE THAT TAXPAYERS MAY CONTRIBUTE TO THE HUNLEY TRUST FUND BY DESIGNATING THE CONTRIBUTION ON HIS INCOME TAX RETURN; AND TO AMEND ARTICLE 1, CHAPTER 7, TITLE 54, RELATING TO SHIPWRECKS AND SALVAGE OPERATIONS, BY ADDING SECTION 54-7-110, SO AS TO PROVIDE FOR A HUNLEY TRUST FUND.

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

S. 476 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-60-2570 SO AS TO PROVIDE THAT A CLAIM FOR PROPERTY TAX REFUND BASED ON THE PROPER ASSESSMENT RATIO FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY IS ALSO CONSIDERED A CLAIM FOR REFUND BASED ON THE RESIDENTIAL EXEMPTION AND, IF OTHERWISE ELIGIBLE, FOR THE HOMESTEAD EXEMPTION FOR PERSONS OVER AGE SIXTY-FIVE OR DISABLED AND TO LIMIT REFUNDS ATTRIBUTABLE TO THESE EXEMPTIONS TO THE IMMEDIATE PRECEDING TAX YEAR; TO AMEND SECTION 12-37-250, AS AMENDED, RELATING TO THE HOMESTEAD PROPERTY TAX EXEMPTION FOR PERSONS OVER AGE SIXTY-FIVE OR DISABLED, SO AS TO ALLOW THE EXEMPTION BEGINNING WITH THE PROPERTY TAX YEAR THE APPLICANT ATTAINS AGE SIXTY-FIVE OR IS CLASSIFIED AS TOTALLY AND PERMANENTLY DISABLED AND DELETE OBSOLETE PROVISIONS; TO AMEND SECTION 12-37-252, AS AMENDED, RELATING TO THE ASSESSMENT RATIOS APPLICABLE TO PROPERTY ELIGIBLE FOR THE HOMESTEAD EXEMPTION, SO AS TO DELETE PROVISIONS MOVED TO SECTION 12-60-2570, AS ADDED BY THIS ACT; TO AMEND SECTION 12-37-275, AS AMENDED, RELATING TO REIMBURSEMENTS PAID POLITICAL SUBDIVISIONS FOR PROPERTY TAX REVENUE NOT COLLECTED, SO AS TO PROVIDE THAT THE ONE-YEAR LIMIT ON REIMBURSEMENT ADJUSTMENTS APPLIES TO ALL REIMBURSED TAX EXEMPTIONS AND THE REIMBURSEMENT FOR REVENUE LOST TO ADDITIONAL DEPRECIATION; AND TO AMEND SECTION 12-60-2560, RELATING TO PROCEDURES APPLICABLE TO FILING CLAIMS FOR REFUND OF PROPERTY TAX, SO AS TO CONFORM THIS SECTION TO TIME LIMITS IMPOSED IN SECTION 12-60-2570 AS ADDED BY THIS ACT.

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

S. 477 -- Senator Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3500, SO AS TO ALLOW A CREDIT IN AN AMOUNT EQUAL TO THE TAXES PAID ON QUALIFIED RETIREMENT PLAN CONTRIBUTIONS MADE BY THE TAXPAYER WHILE RESIDING IN ANOTHER STATE WHICH DID NOT EXEMPT SUCH CONTRIBUTIONS FROM ITS STATE INCOME TAX AND TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL PRESCRIBE THE METHOD OF CLAIMING THE CREDIT WHICH MUST BE SPREAD OVER THE LIFE EXPECTANCY OF THE TAXPAYER.

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

S. 478 -- Senator J. Verne Smith: A BILL TO REPEAL SECTION 12-4-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE SOUTH CAROLINA DEPARTMENT OF REVENUE ANNUALLY REPORT TO THE GENERAL ASSEMBLY ALL TAX LIABILITIES REDUCED BY ORDER OF THE DIRECTOR.

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

S. 479 -- Senator Ravenel: A BILL TO AMEND SECTION 50-17-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE COASTAL FISHERIES LAWS, SO AS TO REVISE CERTAIN DEFINITIONS; SECTION 50-17-110, AS AMENDED, RELATING TO LICENSE REQUIREMENTS OF CAPTAINS OR MASTERS OF TRAWLING VESSELS, SO AS TO PROVIDE THAT THE LICENSE IS VALID ONLY FOR THE SALE OF SEAFOOD PRODUCTS CAUGHT BY LAWFUL TRAWLING; SECTION 50-17-170, AS AMENDED, RELATING TO APPLICATIONS FOR SHRIMP OR CRAB BOAT LICENSES, SO AS TO FURTHER PROVIDE FOR THE RESIDENCE REQUIREMENTS IN REGARD TO SUCH LICENSES AND TO PROVIDE PENALTIES FOR VIOLATIONS; SECTION 50-17-180, AS AMENDED, RELATING TO WHOLESALE AND RETAIL SEAFOOD DEALER'S LICENSES, SO AS TO REQUIRE NONRESIDENT FISHERMEN TO HAVE AN ADDITIONAL LICENSE FROM THE DEPARTMENT UNDER CERTAIN CONDITIONS, PROVIDE FOR THE MANNER IN WHICH CERTAIN LICENSES MAY BE USED, AND REQUIRE SALES AGENTS AT TEMPORARY LOCATIONS TO HAVE A COPY OF THE WHOLESALE DEALER'S LICENSE IN THEIR POSSESSION; SECTION 50-17-210, AS AMENDED, RELATING TO LICENSES FOR POWERBOATS AND BARGES, SO AS TO PROVIDE THAT ANY RESIDENT OR NONRESIDENT BEFORE USING CRAB POTS FOR COMMERCIAL PURPOSES MUST ACQUIRE A LICENSE FROM THE DEPARTMENT FOR SUCH POTS, AND TO PROVIDE FOR THE FEES AND CONDITIONS OF USE FOR THESE LICENSES, AND TO PROVIDE THAT CRAB POTS FOR PERSONAL USE ARE NOT REQUIRED TO HAVE THE PERSON'S NAME ATTACHED TO THE FLOAT; SECTION 50-17-250, AS AMENDED, RELATING TO THE TREATMENT OF NONRESIDENTS IN THE SAME MANNER SOUTH CAROLINA RESIDENTS ARE TREATED IN THE NONRESIDENT'S STATE, SO AS TO REVISE THE LICENSE FEES WHICH SUCH NONRESIDENTS MUST PAY; SECTION 50-17-270, AS AMENDED, RELATING TO THE RECEIPT, DEPOSIT, AND USE OF FEES RECEIVED UNDER THE COASTAL FISHERIES LAWS, SO AS TO FURTHER PROVIDE FOR SUCH RECEIPT, DEPOSIT, AND USE; SECTION 50-17-716, AS AMENDED, RELATING TO CRAB POTS AND CRAB POT FLOATS, SO AS TO REVISE THE MANNER IN WHICH SUCH CRAB POTS AND FLOATS MUST BE CONSTRUCTED AND IDENTIFIED; TO ADD SECTION 50-17-718, SO AS TO REQUIRE AUTHORIZATION TO USE ANOTHER PERSON'S CRAB POTS TO BE IN THE POSSESSION OF THE PERSON USING THEM IF NOT THE OWNER, TO PROVIDE THAT NONRESIDENTS MAY NOT USE CRAB POT LICENSES AT THE RESIDENT FEE, AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 50-17-720, AS AMENDED, RELATING TO THE MINIMUM SIZE OF BLUE CRABS WHICH MAY BE CAUGHT OR POSSESSED, SO AS TO REVISE CERTAIN EXCEPTIONS TO THIS PROVISION AND TO AUTHORIZE THE DEPARTMENT TO ISSUE TO A PERSON ENGAGED IN CLAM MARICULTURE A PERMIT FOR THE CAPTURE AND TEMPORARY POSSESSION AND TRANSPORT OF BLUE CRABS OR STONE CRABS; TO ADD SECTION 50-17-722 SO AS TO PROVIDE FOR THE CIRCUMSTANCES AND TIMES WHEN IT IS LAWFUL TO SET, FISH, AND LOCATE CRAB POTS AND POSSESS CRABS, AND TO TRANSPORT CRABS OR PARTS OR PRODUCTS THEREOF; TO AMEND SECTION 50-17-770, AS AMENDED, RELATING TO REGISTRATION NUMBERS ON LICENSED CRAB TRAWLERS, SO AS TO REQUIRE VESSELS USED IN FISHING FOR BLUE CRABS WITH TRAPS OR TRANSPORTING BLUE CRABS HARVESTED FOR COMMERCIAL PURPOSES TO DISPLAY CERTAIN IDENTIFICATION NUMBERS; SECTION 50-17-1120, AS AMENDED, RELATING TO THE POINT SYSTEM ESTABLISHED FOR VIOLATION OF THE COASTAL FISHERIES LAWS, SO AS TO MAKE THE USING OF A FALSIFIED APPLICATION OR DOCUMENTATION IN CONNECTION WITH A RESIDENT LICENSE AN EIGHTEEN POINT VIOLATION; SECTION 50-20-20, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO THE RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT, SO AS TO REVISE CERTAIN DEFINITIONS; AND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STAMP REQUIREMENT UNDER THE SOUTH CAROLINA RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT, SO AS TO EXEMPT FISHERMEN FISHING FOR CRABS WITH ANY GEAR OTHER THAN A WIRE TRAP OR POT.

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

S. 480 -- Senator Courtney: A BILL TO AMEND SECTIONS 16-3-1110 AND 16-3-1210, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE THAT THE DEFINITION OF CRIME INCLUDES TERRORISM AS DEFINED BY FEDERAL LAW AND TO PROVIDE THAT CERTAIN VICTIMS OF TERRORISM OUTSIDE THE UNITED STATES MAY FILE FOR BENEFITS WITH THE VICTIM'S COMPENSATION FUND.

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

S. 481 -- Senators Holland, Drummond, Wilson, Courtney and Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-315, SO AS TO PROVIDE A PROCEDURE FOR EARLY VOTING; AND TO AMEND SECTION 7-15-320, AS AMENDED, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS WHO DESIRE TO VOTE EARLY BY PERSONAL APPEARANCE IN STATEWIDE ELECTIONS AND THEIR NOMINATING PRIMARIES.

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

S. 482 -- Senator Ryberg: A BILL TO AMEND SECTION 17-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC DEFENDERS, SO AS TO PROVIDE THAT ASSISTANT PUBLIC DEFENDERS MAY RESIDE OUTSIDE OF THE COUNTY OR THE DEFENDER CORPORATION AREA IN WHICH THEY SERVE.

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

S. 483 -- Senators Fair and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-635 SO AS TO PROVIDE THAT A PERSON ASSAULTING AN EMERGENCY MEDICAL SERVICE WORKER OR A FIREMAN PERFORMING HIS PROFESSIONAL DUTIES IS GUILTY OF A MISDEMEANOR AND TO PROVIDE PENALTIES.

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

S. 484 -- Senators Leventis, Patterson, Peeler, J. Verne Smith and Drummond: A JOINT RESOLUTION TO REAUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S HEALTH SERVICES.

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

S. 485 -- Senators Leventis, Patterson, Peeler, J. Verne Smith and Drummond: A BILL TO AMEND SECTION 44-55-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SAFE DRINKING WATER FUND, SO AS TO SPECIFY THE CRITERIA UPON WHICH THE MONITORING FEE ON PUBLIC DRINKING WATER SYSTEMS MUST BE BASED AND TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS RELATIVE TO THE COLLECTION AND ENFORCEMENT OF THIS FEE.

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

S. 486 -- Senators Ravenel, Leatherman, Elliott, Leventis, Rankin, Mescher, Reese, Ford, Cork, McGill, Rose, McConnell, Washington, Williams, Passailaigue and Martin: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 42 ENACTING THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK ACT SO AS TO ESTABLISH THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK, PROVIDE FOR ITS GOVERNANCE, POWERS AND DUTIES, AND SOURCES OF CAPITALIZATION INCLUDING GENERAL FUND TRANSFERS AND AMOUNTS EQUAL TO ONE-HALF OF ANNUAL STATE HIGHWAY FUND GROWTH, AND TO PROVIDE A SCHEDULE OF INITIAL PRIORITY PROJECTS FOR BANK FINANCING; TO AMEND SECTION 12-28-2720, AS AMENDED, RELATING TO THE DISTRIBUTION OF GAS TAX REVENUES, SO AS TO DEDICATE ONE CENT A GALLON OF GASOLINE TAX REVENUES TO THE BANK ESTABLISHED BY THIS SECTION; AND TO AMEND SECTIONS 12-28-2740, 12-28-2910, AND 57-11-20, ALL AS AMENDED, RELATING TO "C" FUND ALLOCATIONS, THE ECONOMIC DEVELOPMENT ACCOUNT, AND THE STATE HIGHWAY FUND, SO AS TO REQUIRE INTEREST EARNINGS ON THE COUNTY TRANSPORTATION FUND AND THE OTHER NAMED FUNDS TO BE CREDITED TO THE BANK ESTABLISHED BY THIS ACT.

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

Senator GIESE asked unanimous consent to make a motion that upon the report of the Bill by the Committee on Transportation, the Bill be committed to the Committee on Finance for consideration.

There was no objection and the motion was adopted.

S. 487 -- Senators Leatherman and Giese: A JOINT RESOLUTION ESTABLISHING THE GENERAL FRANCIS MARION GRAVESITE COMMITTEE TO DETERMINE THE APPROPRIATENESS AND FEASIBILITY OF MOVING THE REMAINS OF GENERAL FRANCIS MARION, "SWAMPFOX OF THE AMERICAN REVOLUTION", AND HIS WIFE, MARY ESTHER VIDEAU MARION, FROM THE CURRENT BURIAL SITE NEAR BELLE ISLE PLANTATION IN BERKELEY COUNTY TO A SUITABLE SITE ON THE GROUNDS OF FRANCIS MARION UNIVERSITY, TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, AND TO AUTHORIZE THE COMMITTEE TO IMPLEMENT THE MOVE IF DETERMINED FEASIBLE AND APPROPRIATE.

Senator LEATHERMAN spoke on the Resolution.

Read the first time and on motion of Senator LEATHERMAN, with unanimous consent, ordered placed on the Calender without reference.

S. 488 -- Senator Moore: A SENATE RESOLUTION URGING THE PRESIDENT OF THE UNITED STATES AND CONGRESS TO SUPPORT THE PETITION OF THE REPUBLIC OF POLAND FOR ADMISSION TO THE NORTH ATLANTIC TREATY ORGANIZATION (NATO) AND REQUESTING THE PRESIDENT AND CONGRESS TO SUPPORT THE ESTABLISHMENT DURING 1997 OF A TIMETABLE FOR POLAND'S ADMISSION TO NATO.

Whereas, the Republic of Poland is a free, democratic, and independent nation with a long and proud history; and

Whereas, the North Atlantic Treaty Organization (NATO) is dedicated to the preservation of freedom and security of its member nations; and

Whereas, the Republic of Poland desires to share in both the benefits and obligations of NATO in pursuing the development, growth, and promotion of democratic institutions and ensuring free-market economic development; and

Whereas, Poland recognizes its responsibilities as a democratic nation and wishes to exercise these responsibilities in concert with members of NATO; and

Whereas, the Republic of Poland desires to become part of NATO's efforts to prevent the extremes of nationalism; and

Whereas, the security of the United States is dependent upon the stability of Central Europe. Now, therefore,

Be it resolved by the Senate:

That the Senate of the State of South Carolina, by this resolution, urges the President of the United States and Congress to support the petition of the Republic of Poland for admission to the North Atlantic Treaty Organization (NATO) and further, to support the establishment during 1997 of a timetable for Poland's admission to NATO.

Be it further resolved that a copy of this resolution be forwarded to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the eight members of South Carolina's Congressional Delegation, all at Washington, D.C.

Introduced and referred to the General Committee.

S. 489 -- Senator Elliott: A BILL TO AMEND TITLE 40, CHAPTER 38, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTICIANS, 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 TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTICIANS INCLUDING INCREASING CONTINUING EDUCATION REQUIREMENTS FROM THREE HOURS TO FOUR HOURS FOR A LICENSED OPTICIAN AND AN ADDITIONAL HOUR FOR AN OPTICIAN ALSO LICENSED TO DISPENSE CONTACT LENSES.

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

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a majority favorable and Senator SALEEBY a minority unfavorable report on:

S. 269 -- Senators Setzler and Moore: A BILL TO AMEND CHAPTER 7, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION AND LICENSURE OF BARBERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR PROFESSIONAL AND OCCUPATIONAL BOARDS AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF BARBERS.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a majority favorable with amendment and Senator SALEEBY a minority unfavorable report on:

S. 271 -- Senator J. Verne Smith: A BILL TO AMEND CHAPTER 3, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND, AMONG OTHER THINGS, TO CLARIFY REQUIREMENTS FOR FIRM LICENSURE; TO PROVIDE THAT THE BOARD MAY INITIATE AN INVESTIGATION; TO EXPAND GROUNDS FOR DISCIPLINARY ACTION; AND REVISE EXAMINATION PROCEDURES.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

S. 358 -- Senator Bryan: A BILL TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS INCLUDING CLARIFYING THAT THERAPEUTICALLY-CERTIFIED, OPTOMETRIC EDUCATION COURSES MAY BE TAKEN WHILE ATTENDING SCHOOL RATHER THAN AFTER GRADUATION.

Ordered for consideration tomorrow.

Senator BRYAN asked unanimous consent to make a motion to remove the minority report by Senator SALEEBY from S. 358.

There was no objection.

Senator COURSON from the Committee on Invitations has polled out S. 403 favorable:

S. 403 -- Senators Hayes, Peeler, Short and Gregory: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING FEBRUARY 25, 1997, "YORK COUNTY DAY".

Courson                   Wilson                    Patterson
O'Dell                    Passailaigue              McGill
Washington

Matthews                  Russell                   Rose

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

H. 3239 -- Reps. Walker, Littlejohn, Sharpe, Hawkins, Haskins, D. Smith, Allison, Davenport, Gamble, Cato, McCraw, Townsend and Wilkins: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 69 SO AS TO ENACT THE "SOUTH CAROLINA MOLD LIEN AND RETENTION ACT", AND PROVIDE FOR THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations has polled out H. 3510 favorable:

H. 3510 -- Rep. Jennings: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 1997 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1997 SOUTH CAROLINA FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 23, 1997, AT 12:00 NOON AND TO RECOGNIZE AND COMMEND THE 1997 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

Courson                   Wilson                    Patterson
O'Dell                    Passailaigue              McGill
Washington

Matthews                  Russell                   Rose

Ordered for consideration tomorrow.

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

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 327 -- Senators Rose, Mescher and McConnell: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR DORCHESTER COUNTY, ABOLISH THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF DORCHESTER COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE CREATED COMMISSION.

(By prior motion of Senator MATTHEWS)

S. 392 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-55, SO AS TO PROVIDE THAT IN CASES WHERE A PERSON RECEIVES SUFFICIENT WRITE-IN VOTES TO WIN AN ELECTION IN CONTRAVENTION OF THE CODE, THE CANDIDATE RECEIVING THE NEXT HIGHEST NUMBER OF VOTES MUST BE DECLARED THE WINNER; TO AMEND SECTION 7-11-210, RELATING TO NOTICE OF CANDIDACY AND PLEDGE, SO AS TO REQUIRE A CANDIDATE TO AFFIRM THAT, AS PART OF THE PLEDGE, IF THE CANDIDATE IS DEFEATED IN A PRIMARY OR ENSUING RUN-OFF, THAT CANDIDATE IS NOT ELIGIBLE TO SERVE IN THAT OFFICE AS THE RESULT OF WRITE-IN VOTES; TO AMEND SECTION 7-13-360, RELATING TO THE PLACE ON A BALLOT FOR WRITE-IN NAMES, SO AS TO PROVIDE THAT NO PERSON DEFEATED IN A PRIMARY OR RUN-OFF IS ELIGIBLE TO SERVE IN THAT OFFICE AS A RESULT OF WRITE-IN VOTES, AND TO FURTHER REQUIRE THAT THE STATE ELECTION COMMISSION PRINT AND DISTRIBUTE NOTICES CONTAINING THIS INFORMATION TO BE DISPLAYED IN EACH POLLING PRECINCT ON ELECTION DAY; TO AMEND SECTION 7-13-1380, RELATING TO WRITE-IN VOTES, SO AS TO PROVIDE THAT NO PERSON DEFEATED IN A PRIMARY OR RUN-OFF IS ELIGIBLE TO SERVE IN THAT OFFICE AS A RESULT OF WRITE-IN VOTES, AND TO FURTHER REQUIRE THAT THE STATE ELECTION COMMISSION PRINT AND DISTRIBUTE NOTICES CONTAINING THIS INFORMATION TO BE DISPLAYED IN EACH POLLING PRECINCT ON ELECTION DAY; TO AMEND SECTION 7-13-1850, RELATING TO WRITE-IN BALLOTS, SO AS TO PROVIDE THAT NO PERSON DEFEATED IN A PRIMARY OR RUN-OFF IS ELIGIBLE TO SERVE IN THAT OFFICE AS A RESULT OF WRITE-IN VOTES; TO AMEND SECTION 7-15-200, RELATING TO THE FURNISHING OF ELECTION MATERIALS TO PERSONS REQUESTING ABSENTEE BALLOTS, SO AS TO PROVIDE THAT THE INSTRUCTIONS MUST INCLUDE A STATEMENT THAT NO PERSON DEFEATED IN A PRIMARY OR ENSUING RUN-OFF IS ELIGIBLE TO SERVE IN THAT OFFICE AS A RESULT OF WRITE-IN VOTES; AND TO AMEND SECTION 7-15-400, RELATING TO SPECIAL WRITE-IN ABSENTEE BALLOTS, SO AS TO PROVIDE THAT THESE BALLOTS BE ACCOMPANIED BY INSTRUCTIONS WHICH STATE THAT NO PERSON DEFEATED IN A PRIMARY OR RUN-OFF IS ELIGIBLE TO SERVE IN THAT OFFICE AS A RESULT OF WRITE-IN VOTES.

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 amendment (JUD0070.002) previously proposed by Senator PEELER, which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

/ SECTION   ____.   The 1976 Code is amended by adding:

"Section 2-19-115.   In order to be eligible for continued judicial service, a justice or judge of this State must have been reviewed in the manner provided for in this chapter and found qualified to serve by the commission within two years of his last review. A screening at the time of expiration of a justice or judge's term currently provided for by law shall be considered a review for the purposes of this section. Unless a justice or judge is being reviewed by the commission at the time of expiration of his term, a review pursuant to this section shall be advisory only and a finding of not qualified shall not be a bar to continued service.

The Judicial Merit Selection Commission shall adopt a schedule to review justices and judges currently serving in order to stagger the review of the justices and judges. This schedule must be adopted by the commission no later than six weeks after the effective date of this legislation." /

Renumber sections to conform.

Amend title to conform.

Senator PEELER explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House with amendments.

The following Bill and Joint Resolutions having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:

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.

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.

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.

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.

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.

H. 3425 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PRINCIPAL APPRENTICESHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1983, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3426 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO AUDIOVISUAL LIBRARY SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1998, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3427 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO INSTRUCTIONAL PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2017, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3432 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO BUS CONDUCT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2001, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3433 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO STUDENT TRANSPORTATION RECORDS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2002, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3434 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PUBLIC SCHOOL EMPLOYEE COST SAVINGS PROGRAM (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2007, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3436 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO TEXTBOOK SELECTION AND ADOPTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2018, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3437 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO ENSURE THAT SCHOOL DISTRICTS RECRUIT AND HIRE PERSONNEL FOR EIA IMPLEMENTATION ON THE BASIS OF MERIT AND QUALIFICATIONS; TO ENSURE FAIR AND EQUAL TREATMENT FOR MINORITIES; AND CORRECTIVE ACTION FOR NON-COMPLIANCE (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2005, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 415 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PHILOSOPHY OF COMMUNITY EDUCATION (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2020, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 417 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADMINISTRATIVE PERSONNEL COMPENSATION GUIDE AND CONTRACTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1939, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 418 -- Education Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO POLICY DEVELOPMENT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1981, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 419 -- Education Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PRINCIPAL EVALUATION PROGRAM (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1984, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 420 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STUDENT SAFETY (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2029, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 421 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FIRST AID, DESIGNATED AS REGULATION DOCUMENT NUMBER 2030, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 422 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO INOCULATIONS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2031, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 423 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO COMPULSORY KINDERGARTEN PROGRAM (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2026, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 424 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADJUSTMENT IN INSTRUCTIONAL TIME FOR BASIC SKILLS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1957, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 425 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FEDERALLY-FUNDED COMPENSATORY EDUCATION PROGRAMS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2024, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 426 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO VOCATIONAL GRANTS FOR THE UPDATING OF EXISTING VOCATIONAL PROGRAMS AND THE IMPLEMENTATION OF NEW VOCATIONAL PROGRAMS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2010, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 427 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO COMPETITIVE SCHOOL INNOVATION GRANTS PROGRAM (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1988, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 428 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PARAPROFESSIONAL PERSONNEL POSITIONS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1952, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 429 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PROFESSIONAL PERSONNEL COMPENSATION GUIDES AND CONTRACTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1943, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 430 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PARAPROFESSIONAL PERSONNEL QUALIFICATIONS AND DUTIES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1953, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 431 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TRANSFERS AND WITHDRAWALS (AMEND), DESIGNATED AS REGULATION DOCUMENT NUMBER 2027, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 432 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CLEARLY DEFINED VOCATIONAL PROGRAMS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2009, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 433 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ATTENDANCE (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2097, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 434 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SUMMER SESSIONS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1934, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 435 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EMERGENCY DRILLS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1999, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 436 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STAFF PROTECTION (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2003, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 437 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PROFESSIONAL DEVELOPMENT OPPORTUNITIES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1985, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 438 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO DEVELOPMENTAL ACTIVITIES AND REMEDIAL PROGRAMS IN GRADES 1-8 (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2006, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 439 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STUDENT AND SCHOOL SAFETY (AMEND), DESIGNATED AS REGULATION DOCUMENT NUMBER 1990, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 90 -- Senator Rose: A BILL TO AMEND CHAPTER 3, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE PRISON SYSTEM, BY ADDING ARTICLE 13, SO AS TO ENACT THE "PRIVATE CORRECTIONAL FACILITIES, PROGRAMS, AND SERVICES ACT"; AND TO AMEND SECTION 24-3-30 OF THE 1976 CODE, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT OF PERSONS CONVICTED OF OFFENSES AGAINST THE STATE, SO AS TO PROVIDE THAT AT THE EXPIRATION OR TERMINATION OF A CONTRACT TO HOUSE PRISONERS MADE WITH A NONGOVERNMENTAL AGENCY, ALL PRISONERS MUST BE RETURNED TO THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS OR THE LEGALLY RESPONSIBLE ENTITY OF LOCAL GOVERNMENT.

Senator ROSE explained the Bill.

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.

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

The Committee on Finance proposed the following amendment (JIC\5399HTC.97), which was adopted:

Amend the bill, as and if amended, by striking SECTION 9C, as contained in SECTION 2, page 2, and inserting:

/ C.   May Issue Bonds.

Subject to obtaining the approval of the state board expressed by resolution duly adopted, the trustees are authorized to issue from time to time not exceeding twenty forty million dollars of bonds for the purpose of acquiring, constructing, reconstructing, renovating, or equipping athletic facilities and for the purpose of refunding any previous series of bonds authorized by this section. If the trustees, in authorizing the issuance of bonds pursuant to this section, prescribe by resolution that there must be on deposit in the Bond Reserve Fund certain sums at the time of the delivery of the bonds, the trustees are empowered to utilize a portion of the proceeds of any series of bonds issued pursuant to this section in order to meet the requirement. /

Amend title to conform.

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.

S. 16 -- Senators Short, Saleeby, Leatherman, McConnell, Setzler, Courson, Matthews, Courtney, Thomas, Patterson, Passailaigue, Rose, Reese, Hayes, Elliott, Russell, Jackson, Martin and Rankin: A BILL TO AMEND CHAPTER 71, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-125, SO AS TO REQUIRE INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS TO PAY FOR HOSPITALIZATION FOR AT LEAST FORTY-EIGHT HOURS FOLLOWING A MASTECTOMY, AND TO PROVIDE FOR EXCEPTIONS.

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

The Committee on Banking and Insurance proposed the following amendment (16R003), which was adopted:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting in lieu thereof the following:

/TO AMEND CHAPTER 71, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-125, SO AS TO REQUIRE INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS TO PAY FOR HOSPITALIZATION FOR AT LEAST FORTY-EIGHT HOURS FOLLOWING A MASTECTOMY, AND TO PROVIDE FOR EXCEPTIONS.

SECTION   1.   Chapter 71, Title 38 of the 1976 Code is amended by adding:

"Section 38-71-125.   All individual and group health insurance policies and health maintenance organizations providing coverage for the hospitalization for mastectomies shall pay for hospitalization for at least forty-eight hours following a mastectomy. Nothing in this section shall be construed to prohibit an attending physician from releasing the patient prior to the expiration of the time provided herein by mutual agreement between the patient and the attending physician. In the case of an early release, coverage shall include at least one home care visit unless the patient agrees to waive the home care visit."

SECTION   2.   This act takes effect upon approval by the Governor./

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 with notice of general amendments.

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

S. 448 -- Senators Ravenel, McGill and Williams: A BILL TO AMEND ACT 733 OF 1967, AS AMENDED, RELATING TO THE GEORGETOWN COUNTY WATER AND SEWER DISTRICT, SO AS TO PROVIDE THAT THE MEMBERS OF THE GOVERNING BODY MUST RESIDE IN SINGLE-MEMBER DISTRICTS AND BE ELECTED AT-LARGE FROM THE DISTRICT IN NONPARTISAN ELECTIONS, AND TO PROVIDE FOR THE TIME OF THE ELECTION AND THE MANNER IN WHICH THE ELECTION MUST BE CONDUCTED.

On motion of Senator RAVENEL, S. 448 was ordered to receive a third reading on Thursday, March 6, 1997.

S. 106 -- Senator Passailaigue: A BILL TO AMEND SECTION 50-17-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS ISSUED BY THE DEPARTMENT OF NATURAL RESOURCES FOR TAKING MARINE LIFE FOR EXPERIMENTAL OR SCIENTIFIC PURPOSES, SO AS TO AUTHORIZE PERMITS FOR HOLDING AND PROPAGATION FACILITIES; AND TO AMEND SECTION 50-17-165 OF THE 1976 CODE, RELATING TO THE TAKING OR POSSESSING OF HORSESHOE CRABS, SO AS TO AUTHORIZE PERMITS ISSUED UNDER THIS SECTION TO INCLUDE PROVISIONS FOR HOLDING FACILITIES AND TO ALLOW HORSESHOE CRABS TO BE HELD IN FACILITIES APPROVED BY THE DEPARTMENT.

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

There was no objection.

S. 135 -- Senator McConnell: A BILL TO AMEND ARTICLE 3, CHAPTER 43, TITLE 12 , CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIFORM ASSESSMENT RATIOS, BY ADDING SECTION 12-43-221, SO AS TO PROVIDE THAT PROPERTY IN WHICH THE OCCUPANT HAS AN INTEREST PURSUANT TO AN INSTALLMENT CONTRACT FOR SALE WITH THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, OR ITS ASSIGNEE, IS ELIGIBLE FOR THE ASSESSMENT RATIO PROVIDED IN SECTION 12-43-220(C) AND THE EXEMPTIONS PROVIDED IN SECTIONS 12-37-220, 12-37-250, AND 12-37-290, AS LONG AS THE ADDITIONAL REQUIREMENTS OF THOSE SECTIONS, OTHER THAN THE OWNERSHIP REQUIREMENT, ARE ALSO MET; AND TO PROVIDE FOR REFUNDS UPON APPLICATION.

Senator McCONNELL explained the Bill.

S. 188 -- Senators Drummond, Giese and Rose: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC ENTITIES ELIGIBLE FOR PARTICIPATION IN THE STATE HEALTH AND DENTAL INSURANCE PLANS AND THE REQUIREMENTS FOR THIS PARTICIPATION, SO AS TO AUTHORIZE THE WITHHOLDING OF STATE FUNDS OTHERWISE DUE THESE ENTITIES SUFFICIENT TO COVER DELINQUENT PAYMENTS AND TO PROVIDE THE METHOD OF THE WITHHOLDING AND REMITTING OF THESE SUMS TO THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD.

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.

Senator LANDER explained the Bill.

S. 284 -- Senators Leventis, Courson, Waldrep, Wilson, Giese, Anderson, Elliott, Land, Short, Reese, Cork, Rose, Holland, Moore and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-5-40 SO AS TO DESIGNATE THE SECRETARY OF STATE TO MONITOR ALL ELECTED OR APPOINTED STATE BOARDS AND COMMISSIONS IN ORDER TO ASCERTAIN WHEN VACANCIES OCCUR AND PUBLICIZE THESE VACANCIES AND POSITIONS ON THESE BODIES WHOSE TERMS EXPIRE.

S. 308 -- Senators McGill, Lander, Alexander, Anderson, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Rose, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington, Williams and Wilson: A BILL TO AMEND SECTION 56-2-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REFUSAL TO RENEW A DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION FOR NONPAYMENT OF PROPERTY TAXES, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE BIENNIAL LICENSE PLATES AND REVALIDATION DECALS.

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.

Senator BRYAN explained the Joint Resolution.

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.

Senator LANDER explained the Joint Resolution.

S. 416 -- Education Committee: A BILL TO AMEND SECTION 59-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EVALUATION OF AND PERFORMANCE STANDARDS FOR SCHOOL PRINCIPALS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH SCHOOL PRINCIPALS ARE EVALUATED AND PROVIDED DEVELOPMENTAL TRAINING.

S. 459 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OFFICE OF THE STATE FIRE MARSHAL, RELATING TO NATIONAL FIRE PROTECTION ASSOCIATION PAMPHLET NO. 58, DESIGNATED AS REGULATION DOCUMENT NUMBER 2062, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 460 -- Labor, Commerce and Industry 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.

H. 3523 -- Reps. Jennings, Boan, Sheheen, Neilson, H. Brown, Baxley, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, G. 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, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, 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, Miller, Moody-Lawrence, Mullen, Neal, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A BILL TO AMEND CHAPTER 66, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA FOLK HERITAGE AWARD, SO AS TO RENAME THIS AWARD THE "JEAN LANEY HARRIS FOLK HERITAGE AWARD".

(By prior motion of Senator DRUMMOND, with unanimous consent)

H. 3539 -- Reps. Klauber, Parks, Carnell and Stille: A BILL TO DISSOLVE THE GREENWOOD COUNTY BOARD OF EDUCATION AND DEVOLVE ITS POWERS AND DUTIES, AS PROVIDED FOR IN CHAPTER 15 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY BOARDS OF EDUCATION, UPON THE GREENWOOD COUNTY COUNCIL FOR PURPOSES OF WINDING UP THE OPERATION AND AFFAIRS OF THE COUNTY BOARD OF EDUCATION.

(By prior motion of Senator DRUMMOND, with unanimous consent)

H. 3370 -- Labor, Commerce and Industry 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. 157 -- Senator Passailaigue: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.

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

The Committee on Finance proposed the following amendment (157R001.JD), which was adopted:

Amend the bill, as and if amended, page 1, by striking lines 24 through 26, and inserting in lieu thereof the following:

/"(A)   'Internal Revenue Code' means the Internal Revenue Code of 1986 as amended through December 31, 1995 1996, and includes the provisions of Section 162(1) thereof as amended by P.L. 104-7 the effective date provisions contained therein."/

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

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

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

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

S. 348 -- Senator O'Dell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ON HIGHWAY 8 AT THE SALUDA RIVER IN ANDERSON COUNTY IN HONOR OF THE LATE JOHN ALFRED PHIBBS AND TO ERECT APPROPRIATE MARKERS OR SIGNS.

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

S. 373 -- Senator O'Dell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME SOUTH HAMILTON STREET IN WILLIAMSTON, SOUTH CAROLINA, AS "ED POORE ROAD" IN HONOR OF C. EDWARD POORE AND TO ERECT THE APPROPRIATE SIGNS OR MARKERS.

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

The following Bills were carried over:

S. 411 -- Corrections and Penology Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE AN EXISTING BOND AUTHORIZATION FOR THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES AND AUTHORIZE PARTIAL FUNDING FOR A FACILITY OF THE DEPARTMENT OF CORRECTIONS IN THE SAME AMOUNT.

On motion of Senator THOMAS.

S. 29 -- Senators Holland and Giese: A BILL TO AMEND SECTION 24-13-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE, SO AS TO INCREASE THE POSSIBLE PENALTY TO A MAXIMUM OF THIRTY YEARS IMPRISONMENT; TO AMEND SECTION 16-1-60, RELATING TO THE DEFINITION OF VIOLENT CRIMES, SO AS TO DEFINE THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE AS A VIOLENT CRIME; TO AMEND SECTION 16-1-90(A) AND (C) RELATING TO THE CLASSIFICATION OF CRIMES, SO AS TO CLASSIFY THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE AS A CLASS A FELONY; AND TO AMEND SECTION 17-25-45(C)(1), RELATING TO THE DEFINITION OF MOST SERIOUS OFFENSE, SO AS TO DEFINE THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE AS A MOST SERIOUS OFFENSE.

On motion of Senator GIESE.

S. 458 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-71-920, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH SMALL GROUP HEALTH INSURANCE, SO AS TO REVISE CERTAIN DEFINITIONS AND ADD NEW DEFINITIONS; TO AMEND SECTION 38-71-940, AS AMENDED, RELATING TO PREMIUM RATES AND RATING FACTORS FOR HEALTH INSURANCE PLANS AND THE PROHIBITION OF INVOLUNTARY BUSINESS CLASS TRANSFER, SO AS TO USE AN INDEX RATE VERSUS AN ACTUARIAL BASE RATE AS A MEASURE OF THE "AVERAGE RATE", TO STRENGTHEN ACTUARIAL CERTIFICATION REQUIREMENTS, TO ALLOW RATE VARIATION FROM THE INDEX RATE, TO LIMIT THE INDEX RATE VARIATION FOR A CLASS OF BUSINESS, TO CHANGE THE PROVISIONS FOR PREMIUM RATE INCREASES TO ALLOW AN ANNUAL ADJUSTMENT DUE TO CLAIM EXPERIENCE, HEALTH STATUS, OR DURATION OF COVERAGE, TO ADD GROUP SIZE AS A CASE CHARACTERISTIC AND DELETE IT AS MEANS OF CREATING A CLASS OF NEW BUSINESS; AND TO AMEND SECTION 38-71-960, AS AMENDED, RELATING TO DISCLOSURE TO SMALL EMPLOYERS IN SOLICITATION AND SALES MATERIAL FOR HEALTH INSURANCE, SO AS TO EXPAND INFORMATION REQUIRED TO BE DISCLOSED.

Senator McCONNELL explained the Bill.

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

S. 193 -- Senators Martin, Giese and Ryberg: A BILL TO AMEND SECTION 15-36-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIABILITY FOR ATTORNEY'S FEES AND COSTS OF FRIVOLOUS SUITS, SO AS TO PROVIDE THAT A PERSON IS LIABLE UNDER THIS SECTION WHENEVER A MOTION TO DISMISS FOR FAILURE TO STATE FACTS SUFFICIENT TO CONSTITUTE A CAUSE OF ACTION, A MOTION FOR SUMMARY JUDGMENT, A MOTION FOR A DIRECTED VERDICT, OR A MOTION FOR AN INVOLUNTARY NONSUIT IS GRANTED IN FAVOR OF A PERSON SEEKING AN ASSESSMENT OF THE FEES AND COSTS; TO AMEND SECTION 15-36-20, RELATING TO FACTORS SUPPORTING A FINDING THAT AN ACTION WAS PURSUED FOR A PROPER PURPOSE, TO PROVIDE A PURPOSE SHALL NOT BE FOUND IF A MOTION TO DISMISS FOR FAILURE TO STATE FACTS SUFFICIENT TO CONSTITUTE A CAUSE OF ACTION, A MOTION FOR SUMMARY JUDGMENT, A MOTION FOR A DIRECTED VERDICT, OR A MOTION FOR AN INVOLUNTARY NONSUIT IS GRANTED IN FAVOR OF THE PERSON SEEKING AN ASSESSMENT OF THE FEES AND COSTS; AND TO AMEND SECTION 15-36-40, RELATING TO THE BURDEN OF PROVING THAT AN ACTION IS FRIVOLOUS, TO PROVIDE THAT THE GRANTING OF A MOTION TO DISMISS FOR FAILURE TO STATE FACTS SUFFICIENT TO CONSTITUTE A CAUSE OF ACTION, A MOTION FOR SUMMARY JUDGMENT, A MOTION FOR DIRECTED VERDICT, OR A MOTION FOR AN INVOLUNTARY NONSUIT IN FAVOR OF THE PERSON SEEKING AN ASSESSMENT OF THE FEES AND COSTS SHALL SATISFY THE BURDEN PROVIDED FOR IN THIS SECTION.

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

S. 200 -- Senators Courtney, Holland, Land, Peeler, Rankin, Alexander, Martin, McGill, Waldrep, Lander, O'Dell, Reese, Rose, Glover, Ford, Thomas, Fair and Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-440 SO AS TO ENACT THE "PATIENT ACCESS TO OPTOMETRIC PRIMARY EYE CARE ACT" BY ESTABLISHING PARAMETERS WITHIN WHICH HEALTH CARE INSURERS THAT OFFER PRIMARY EYE CARE MUST PROVIDE THIS COVERAGE AND TO PROVIDE AN EQUITABLE REMEDY WHEN THERE ARE VIOLATIONS.

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

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

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.

Senator RYBERG moved that the Bill be carried over.

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

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

Initial Appointment, Darlington County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable Guy L. Bell, Post Office Box 505, Lamar, S.C. 29069 VICE E. Preston Warr, Sr. (resigned)

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

Initial Appointment, Florence County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998, service to commence June 30, 1997:

Honorable Shirley W. Vause, 3858 Creek Road, Timmonsville, S.C. 29161 VICE Clarice T. Kirby (retired June 30, 1997)

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

Initial Appointment, Richland County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable Harold A. Cuff, 5195 Brogdon Court, Columbia, S.C. 29209 VICE Harry M. Tokunaga (resigned)

At 12:02 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

This web page was last updated on Monday, June 29, 2009 at 10:46 A.M.