Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the ACTING PRESIDENT, Senator MARTIN.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear a reading from First Kings, Chapter 8 (vv.22, 44-45):
"Then Solomon prayed... Lord:
If Your people go out to battle against
their enemy, by whatever way You shall send
them, and they pray... then hear in heaven
their prayer and their plea, and maintain
their cause."
Let us pray.
Our Father and our God, we know that You have an ear to hear the heartbeats and the prayers of the faithful in every age.
Help us to seek a tempo and a style of devotional life, learned from the Prophets, the Apostles and the saints of the past, that we might bring to our complex life a steady gait and a disciplined character.
Help us to hear each day the bugle call to high standards and be willing gladly to walk and work under the banner of the "tried-and-true" principles of those who have found the secrets of the Kingdom of God and know the joy of a life lived in fellowship with the God-of-Life in whose Name we pray.
Amen.

Senator SETZLER made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator SETZLER moved that a Call of the Senate be made. The following Senators answered the call:

Alexander                 Anderson                  Bryan
Cork                      Courson                   Courtney
Drummond                  Elliott                   Fair
Ford                      Giese                     Gregory
Hayes                     Holland                   Hutto
Jackson                   Land                      Lander
Leatherman                Leventis                  Martin
Matthews                  McConnell                 Mescher
Moore                     O'Dell                    Passailaigue
Patterson                 Peeler                    Ravenel
Rose                      Russell                   Ryberg
Setzler                   Short                     Smith
Thomas                    Waldrep                   Washington
Williams                  Wilson                    

A quorum being present, the Senate resumed.

Senators REESE, RANKIN, McGILL and GLOVER recorded their presence subsequent to the Call of the Senate.

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

February 19, 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

Reappointment, South Carolina Public Service Authority, with term to commence May 19, 1994, and to expire May 19, 2001:
Georgetown:
Mr. Johnnie J. Young, 2413 Topsaw Road, Georgetown, S.C. 29440

Referred to the Committee on Judiciary.

March 6, 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, Orangeburg County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable Derrick F. Dash, Post Office Box 119, Elloree, S.C. 29047 VICE Vernetha G. Glenn (resigned)

February 26, 1997
Mr. President and Members of the Senate:
On January 7, 1997, Ms. Mildred Wellons was nominated and appointed by the Horry County Council to serve as a member of the Myrtle Beach Redevelopment Authority.
According to the state statute, this appointment is subject to the advice and consent of the Senate. I am requesting approval of this appointee as one of the County Council's representatives on this board.

Sincerely,
A. Joseph McNutt, Jr.
Chairman

Appointment, Myrtle Beach Redevelopment Authority, with term to commence June 30, 1996, and to expire June 30, 2000:
Mildred Wellons, 301 21st Avenue, Myrtle Beach, S.C. 29577 VICE Jackie Woodbury

Senator HOLLAND introduced Dr. John DuBose of Camden, S.C., Doctor of the Day.

At 12:00 Noon, Senator RYBERG requested a leave of absence upon adjournment and lasting until Friday, March 14, 1997.

At 12:10 P.M., Senator O'DELL requested a leave of absence until 4:00 P.M.

At 12:40 P.M., Senator BRYAN requested a leave of absence until 2:00 P.M.

On motion of Senator PASSAILAIGUE, at 1:15 P.M., Senator SALEEBY was granted a leave of absence for today.

The following were introduced:

S. 505 -- Senators McConnell and Giese: A BILL TO AMEND SECTION 38-53-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPOSITS WHICH MUST BE MAINTAINED BY PROFESSIONAL BONDSMEN, SO AS TO REQUIRE THAT EACH PROFESSIONAL BONDSMAN ACTING AS SURETY ON BAIL BONDS IN THIS STATE BE REQUIRED TO MAINTAIN WITH THE CLERK OF COURT DEPOSITS EQUAL TO AT LEAST ONE-TENTH THE AMOUNT OF ALL BONDS OR UNDERTAKINGS UPON WHICH HE IS ABSOLUTELY OR CONDITIONALLY LIABLE.
Read the first time and referred to the Committee on Banking and Insurance.

S. 506 -- Senator Land: A BILL TO AMEND SECTION 12-24-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIABILITY FOR PAYMENT OF A DEED RECORDING FEE, SO AS TO PROVIDE THAT THE FEE ON THE TRANSFER OF REALTY BY OR TO CO-TENANTS IS BASED ON THE VALUE OF THE TRANSFERRED INTEREST IN THE REALTY AS DESCRIBED IN THE DEED.
Read the first time and referred to the Committee on Finance.

S. 507 -- Senator Fair: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 2, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT NO MEMBER OF THE HOUSE MAY SERVE MORE THAN SIX CONSECUTIVE COMPLETE TERMS, TO PROVIDE THAT FOR THOSE HOUSE MEMBERS ELECTED IN THE 1996 ELECTION WHETHER OR NOT THEY HAVE PRIOR HOUSE SERVICE, THIS LIMITATION ON TERMS BEGINS WITH THE TERMS STARTING ON THE MONDAY FOLLOWING THE 1996 GENERAL ELECTION, AND TO PROVIDE THAT FOR THOSE MEMBERS ELECTED AFTER 1996, WHETHER OR NOT THEY HAVE PRIOR HOUSE SERVICE, THE LIMITATION BEGINS WITH THE TERMS THE MEMBERS FIRST SERVE AFTER 1996; PROPOSING AN AMENDMENT TO SECTION 6, ARTICLE III OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT NO MEMBER OF THE SENATE MAY SERVE MORE THAN THREE CONSECUTIVE COMPLETE TERMS, TO PROVIDE THAT FOR THOSE SENATORS ELECTED IN THE 1996 ELECTION WHETHER OR NOT THEY HAVE PRIOR SENATE SERVICE, THIS LIMITATION ON TERMS BEGINS WITH THE TERMS STARTING ON THE MONDAY FOLLOWING THE 1996 GENERAL ELECTION, TO PROVIDE THAT FOR THOSE SENATORS ELECTED AFTER 1996 WHETHER OR NOT THEY HAVE PRIOR SENATE SERVICE, THE LIMITATION BEGINS WITH THE TERMS THE MEMBERS FIRST SERVE AFTER 1996, AND TO REVISE CERTAIN OBSOLETE REFERENCES; AND PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT NO CONSTITUTIONAL OFFICER MAY SERVE MORE THAN THREE CONSECUTIVE COMPLETE TERMS, TO PROVIDE THAT FOR THOSE CONSTITUTIONAL OFFICERS ELECTED IN THE 1998 ELECTION WHETHER OR NOT THEY HAVE PRIOR SERVICE IN THAT CONSTITUTIONAL OFFICE, THIS LIMITATION ON TERMS BEGINS WITH THE TERMS STARTING IN JANUARY, 1999, AND TO PROVIDE THAT FOR THOSE CONSTITUTIONAL OFFICERS ELECTED AFTER 1998 WHETHER OR NOT THEY HAVE PRIOR SERVICE IN THAT CONSTITUTIONAL OFFICE, THE LIMITATION BEGINS WITH THE TERM THE CONSTITUTIONAL OFFICER FIRST SERVES AFTER 1998.
Read the first time and referred to the Committee on Judiciary.

S. 508 -- Senator Reese: A BILL TO AMEND SECTION 23-13-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND APPROVAL OF DEPUTY SHERIFFS AND A SHERIFF'S RESPONSIBILITY FOR THE ACTS OF A DEPUTY SHERIFF, SO AS TO PROVIDE THAT A DEPUTY SHERIFF EMPLOYED BY A SHERIFF'S DEPARTMENT TEN YEARS OR MORE MUST NOT BE TERMINATED OR DEMOTED.
Read the first time and referred to the Committee on Judiciary.

S. 509 -- Senator McConnell: A BILL TO AMEND SECTION 61-4-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL RETAIL BEER AND WINE PERMITS, SO AS TO PROVIDE THAT AN APPLICANT WHO, FOR RELIGIOUS PURPOSES, REGULARLY CLOSES HIS BUSINESS DURING A PERIOD OTHER THAN THE PERIOD SPECIFIED IN SECTIONS 61-4-120, 61-4-130, AND 61-4-140 SHALL PAY AN ANNUAL FEE FOR THIS SPECIAL RETAIL PERMIT OF TWO HUNDRED DOLLARS, RATHER THAN ONE THOUSAND DOLLARS, AND TO AUTHORIZE ISSUANCE OF THESE PERMITS FOR ON-PREMISES CONSUMPTION TO AN APPLICANT WHO, FOR RELIGIOUS PURPOSES, REGULARLY CLOSES HIS BUSINESS DURING A PERIOD OTHER THAN THE PERIOD SPECIFIED IN SECTIONS 61-4-120, 61-4-130, AND 61-4-140, AND TO ESTABLISH AN ANNUAL FEE FOR THESE PERMITS OF TWO HUNDRED DOLLARS; AND TO AMEND SECTION 61-6-2010 OF THE 1976 CODE, RELATING TO TEMPORARY PERMITS TO SELL ALCOHOLIC LIQUORS IN SEALED CONTAINERS OF TWO OUNCES OR LESS, SO AS TO PROVIDE THAT AN APPLICANT DOES NOT HAVE TO PAY THE APPLICATION FEE OR THE DAILY PERMIT FEE IF THE APPLICANT CLOSES HIS BUSINESS FOR RELIGIOUS PURPOSES DURING A PERIOD OTHER THAN THE PERIOD AUTHORIZED BY THE PERMIT ISSUED UNDER THIS SECTION.
Read the first time and referred to the Committee on Judiciary.

S. 510 -- Senator Leatherman: A BILL TO AMEND SECTION 56-3-1290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF LICENSE PLATES FROM ONE MOTOR VEHICLE TO ANOTHER MOTOR VEHICLE OF THE SAME VEHICLE OWNER OR LESSEE, SO AS TO ALLOW THE TRANSFER OF THE PLATE ONLY WHEN THE OWNER OR LESSEE HAS ASSIGNED TO ANOTHER THE TITLE TO OR LEASE ON THE VEHICLE FROM WHICH THE PLATE IS TRANSFERRED.
Read the first time and referred to the Committee on Transportation.

S. 511 -- Senator Reese: A BILL TO AMEND SECTION 56-3-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEALER LICENSE PLATES, SO AS TO REVISE THE PROCEDURE FOR ISSUING THESE LICENSE PLATES.
Read the first time and referred to the Committee on Transportation.

S. 512 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2138, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.

S. 513 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO INSTRUCTIONAL RESOURCES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2133, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.

S. 514 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SUPPLEMENTARY MATERIALS SELECTION AND ADOPTION (WORKBOOKS) (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2019, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.

S. 515 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SCHEDULING FOR INSTRUCTION (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2132, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.

S. 516 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO STUDENT RECORDS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2139, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.

S. 517 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SCHOOL LIBRARIES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2134, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.

S. 518 -- Education Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CREATING MORE EFFECTIVE PARTNERSHIPS AMONG THE SCHOOLS, PARENTS, COMMUNITY, AND BUSINESS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2032, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.

S. 519 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO ACCREDITATION STANDARDS FILED (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2117, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.

S. 520 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO COLLEGE PREPARATORY PROGRAMS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2125, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.

S. 521 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO PILOT PROJECTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2122, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.

S. 522 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DRUG EDUCATION (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2129, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.

S. 523 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO CLASS SIZE (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2131, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.

S. 524 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO FIELD TRIPS AND EXCURSIONS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2135, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.

S. 525 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SUMMER PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2130, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.

S. 526 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO GUIDANCE PROGRAM (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2136, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.

S. 527 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO ADVANCED PLACEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2137, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.

S. 528 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO CURRICULUM FOR GRADES 9-12 (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2127, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.

S. 529 -- Senator Peeler: A CONCURRENT RESOLUTION CONGRATULATING AND COMMENDING JIM SANDERS OF CHEROKEE COUNTY AND PRESIDENT OF SANDERS BROS. UPON THE OCCASION OF HIS INDUCTION INTO THE CHEROKEE COUNTY CHAMBER OF COMMERCE HALL OF FAME.
The Concurrent Resolution was adopted, ordered sent to the House.

S. 530 -- Senator Peeler: A CONCURRENT RESOLUTION COMMENDING AND THANKING ROBERT H. LAWSON OF LOCKHART FOR HIS YEARS OF SERVICE TO THE STATE OF SOUTH CAROLINA AND THE TOWN OF LOCKHART, AND CONGRATULATING HIM UPON HIS RETIREMENT FROM THE STATE TRANSPORT POLICE FORCE.
The Concurrent Resolution was adopted, ordered sent to the House.

H. 3400 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1997, AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTION 38-7-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON FIRE INSURERS TO COVER THE EXPENSES OF INSPECTIONS AND INVESTIGATIONS, SO AS TO PROVIDE, AMONG OTHER THINGS, FOR THE USE OF FIFTY PERCENT OF THE ONE PERCENT TAX LEVIED IN THIS SECTION AND FOR AN ANNUAL REPORT OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO AMEND TITLE 59, RELATING TO EDUCATION, BY ADDING CHAPTER 4 SO AS TO ESTABLISH THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM WITHIN THE SOUTH CAROLINA BUDGET AND CONTROL BOARD THROUGH WHICH TUITION ASSOCIATED WITH PUBLIC POST-SECONDARY EDUCATION MAY BE PAID IN ADVANCE AND FIXED AT A GUARANTEED LEVEL FOR THE DURATION OF UNDERGRADUATE ENROLLMENT; TO AMEND SECTION 12-6-1120, RELATING TO THE COMPUTATION OF GROSS INCOME, SO AS TO PROVIDE THAT GROSS INCOME DOES NOT INCLUDE AMOUNTS EXCLUDED BY THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM; TO AMEND SECTION 59-39-100, RELATING TO THE ISSUANCE OF UNIFORM HIGH SCHOOL DIPLOMAS AND THE NUMBER OF UNITS REQUIRED TO RECEIVE A DIPLOMA, SO AS TO PROVIDE THAT, BEGINNING WITH THE NINTH GRADE CLASS OF SCHOOL YEAR 1997-98 AND THEREAFTER, THE NUMBER OF UNITS REQUIRED FOR A DIPLOMA IS TWENTY-FOUR, RATHER THAN TWENTY, TO SPECIFY WHAT THESE FOUR ADDITIONAL UNITS MUST CONSIST OF, AND TO REVISE THE MANNER IN WHICH OTHER UNITS MAY BE APPLIED TOWARD THESE REQUIREMENTS; TO REPEAL SECTION 12-4-380 RELATING TO ANNUAL REPORTS BY THE DEPARTMENT OF REVENUE TO THE GENERAL ASSEMBLY OF THE REVENUE IMPACT OF ACTIONS RELATING TO DEPARTMENTAL POLICY DOCUMENTS AND THE REDUCTION OF TAX LIABILITIES ORDERED BY THE DIRECTOR; TO AMEND SECTION 11-11-140, RELATING TO LIMITATIONS ON GENERAL FUND APPROPRIATIONS FOR A FISCAL YEAR AND THE USE OF SURPLUS REVENUES, SO AS TO DELETE PROVISIONS RELATING TO LIMITATIONS ON ANNUAL GENERAL FUND REVENUES AND USES OF SURPLUS REVENUES TO REFLECT IN THE SECTION THE GOVERNOR'S DUTY ANNUALLY TO PREPARE A BUDGET WITH RESPECT TO CHANGES IN ACCOUNTING METHODS, AND TO PROHIBIT THE GOVERNOR'S ANNUAL BUDGET RECOMMENDATION FROM PROPOSING THE APPROPRIATION OF SURPLUS GENERAL FUND REVENUES IN EXCESS OF AMOUNTS OFFICIALLY RECOGNIZED AS SUCH BY THE BOARD OF ECONOMIC ADVISORS, AND TO PROHIBIT THE APPROPRIATION OF SURPLUS GENERAL FUND REVENUES IN EXCESS OF AMOUNTS OFFICIALLY RECOGNIZED AS SUCH BY THE BOARD OF ECONOMIC ADVISORS; TO ADD SECTION 11-11-150 SO AS TO DELETE FROM CALCULATIONS OF STATE GENERAL FUND REVENUES AMOUNTS NECESSARY IN A FISCAL YEAR TO FUND THE TRUST FUND FOR STATE PROPERTY TAX RELIEF FUND, THE HOMESTEAD EXEMPTION TRUST FUND, THE BUSINESS INVENTORY EXEMPTION REIMBURSEMENT TRUST FUND, AND THE DEPRECIATION PROPERTY TAX REIMBURSEMENT TRUST FUND, TO PROVIDE FOR THE TRANSFER TO THESE FUNDS THE REQUIRED AMOUNTS; TO PROVIDE THAT UNEXPENDED BALANCES IN THESE FUNDS LAPSE TO THE GENERAL FUND OF THE STATE, TO MAKE THESE FUNDS UNAVAILABLE FOR APPROPRIATION, TO REQUIRE THE BOARD OF ECONOMIC ADVISORS TO ACCOUNT FOR THESE TRUST FUNDS SEPARATELY IN REPORTS TO THE GOVERNOR AND THE GENERAL ASSEMBLY, AND TO PROVIDE THAT THIS SECTION MUST NOT BE CONSTRUED AS AFFECTING FUNDING LEVELS FOR PUBLIC EDUCATION; TO AMEND SECTIONS 11-11-330, 12-37-251, AND 12-37-450, ALL AS AMENDED, 12-37-935, 12-37-270, AND 12-37-280, RELATING TO THE LOCAL GOVERNMENT FUND, THE STATE PROPERTY TAX RELIEF FUND, THE BUSINESS INVENTORY TAX EXEMPTION REIMBURSEMENT, THE DEPRECIATION PROPERTY TAX REIMBURSEMENT FUND, AND THE RESIDENTIAL AND HOMESTEAD EXEMPTION REIMBURSEMENTS, SO AS TO CONFORM THESE PROVISIONS TO THE TRANSFER REQUIREMENTS OF SECTION 11-11-150, RECONSTITUTE THESE FUNDS AND ACCOUNTS AS TRUST FUNDS, EXTEND THE PHASE IN OF ADDITIONAL DEPRECIATION FROM THREE TO SIX YEARS, DELETE OBSOLETE PROVISIONS, AND REVISE THE SCHEDULE OF REIMBURSEMENT FOR THE RESIDENTIAL HOMESTEAD EXEMPTION; AND TO REDESIGNATE AND AMEND SECTION 6-27-45, RELATING TO HOMESTEAD EXEMPTION REIMBURSEMENTS AS SECTION 6-1-45, AND CONFORM IT TO THE TRANSFER REQUIREMENTS OF SECTION 11-11-150; TO AMEND SECTION 14-7-845, RELATING TO THE OPTIONAL POSTPONEMENT OF JURY SERVICE FOR STUDENTS, SO AS TO PROVIDE THAT TEACHERS AND SCHOOL ADMINISTRATORS MAY ALSO POSTPONE THEIR JURY SERVICE DURING THE SCHOOL TERM, TO DEFINE A TEACHER AND SCHOOL ADMINISTRATOR FOR THIS PURPOSE, AND TO PROVIDE FOR THE USE OF CERTAIN STATE FUNDS TO PAY A SUBSTITUTE TEACHER DURING THE REGULAR TEACHER'S ABSENCE FOR JURY SERVICE; TO ADD SECTION 59-39-101 SO AS TO PROVIDE THAT PUBLIC AND NONPUBLIC HIGH SCHOOL GRADUATES OF THIS STATE WHO MEET CERTAIN SPECIFIED CRITERIA SHALL RECEIVE A SUPERIOR ACADEMIC ACHIEVEMENT HIGH SCHOOL DIPLOMA, AND ALSO SHALL RECEIVE A FIVE HUNDRED DOLLAR SCHOLARSHIP TO ATTEND ANY STATE-SUPPORTED INSTITUTION OF HIGHER LEARNING OR TECHNICAL COLLEGE; TO AMEND SECTION 56-3-5010, AS AMENDED, RELATING TO THE ISSUANCE OF "PUBLIC EDUCATION: A GREAT INVESTMENT" SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT A LICENSE PLATE PURCHASER MAY DESIGNATE A SCHOOL DISTRICT OR A SCHOOL TO RECEIVE A PORTION OF THE LICENSE PLATE FEE, TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL REPORT TO THE DEPARTMENT OF EDUCATION THE SCHOOL DISTRICT AND THE SCHOOL CHOSEN BY THE LICENSE PLATE PURCHASER TO RECEIVE A PORTION OF THE LICENSE PLATE FEE, AND TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL DISTRIBUTE A PORTION OF THE LICENSE PLATE FEE TO A SCHOOL DISTRICT FOR FURTHER DISTRIBUTION TO A SCHOOL CHOSEN BY THE LICENSE PLATE PURCHASER; TO ADD SECTION 59-19-45 SO AS TO PROVIDE THAT ALL SCHOOL BOARD MEMBERS OR MEMBERS OF COUNTY BOARDS OF EDUCATION FIRST ELECTED OR APPOINTED AFTER JULY 1, 1997, SHALL COMPLETE SUCCESSFULLY AN ORIENTATION PROGRAM, TO PROVIDE FOR THE MANNER IN WHICH THIS ORIENTATION PROGRAM SHALL BE CONDUCTED, AND TO PROVIDE FOR CERTAIN REIMBURSEMENT TO SCHOOL DISTRICTS OR COUNTY BOARDS OF EDUCATION FOR THE COST OF THIS ORIENTATION PROGRAM; TO AMEND SECTION 59-142-10, RELATING TO THE NEED-BASED GRANTS PROGRAM UNDER WHICH STUDENTS MAY RECEIVE A NEED-BASED GRANT FROM THE CHILDREN'S EDUCATION ENDOWMENT FUND, SO AS TO PROVIDE THAT PART-TIME AS WELL AS FULL-TIME STUDENTS ARE ELIGIBLE FOR SUCH GRANTS; TO AMEND TITLE 59, RELATING TO EDUCATION, BY ADDING CHAPTER 118 SO AS TO ENACT THE SOUTH CAROLINA ACADEMIC ENDOWMENT INCENTIVE ACT OF 1997 WHICH PERMITS CERTAIN STATE-SUPPORTED COLLEGES AND UNIVERSITIES TO RECEIVE STATE MATCHING FUNDS FOR ACADEMIC PURPOSES FROM THE HIGHER EDUCATION MATCHING GIFT FUND HEREIN ESTABLISHED, AND TO PROVIDE FOR THE MANNER IN WHICH STATE MATCHING FUNDS SHALL BE PROVIDED; TO AMEND SECTION 48-48-140, AS AMENDED, RELATING TO THE LOW-LEVEL RADIOACTIVE WASTE DISPOSAL TAX, SO AS TO IMPOSE A CONTINGENT LICENSE TAX ON OPERATORS OF LICENSED LOW-LEVEL RADIOACTIVE WASTE DISPOSAL SITES, TO PROVIDE THE MEASURE OF THE TAX AS AN AMOUNT EQUAL TO POSSIBLE SHORTFALLS IN THE SCHOLARSHIPS PORTION OF THE CHILDREN'S EDUCATION ENDOWMENT FUND, THE TIME OF PAYMENT, METHOD OF COLLECTION, AND DISPOSITION OF THE REVENUE; TO REPEAL SECTION 44-1-120 RELATING TO THE ANNUAL REPORT BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO THE GENERAL ASSEMBLY; TO ADD SECTION 13-1-1770 SO AS TO ESTABLISH WITHIN THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT OF THE DEPARTMENT OF COMMERCE A DOWNTOWN REDEVELOPMENT GRANT PROGRAM FOR THE PURPOSE OF REVITALIZING AND ENHANCING THE VIABILITY OF DOWNTOWN AREAS THROUGH PARTNERSHIPS OF MUNICIPAL GOVERNMENT, COUNTY GOVERNMENT, AND PRIVATE INVESTORS AND TO PROVIDE MINIMUM CRITERIA FOR AWARDING THIS GRANT; TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO FEES AND COSTS COLLECTED BY COUNTY OFFICIALS, SO AS TO ADD A SURCHARGE OF FIFTEEN DOLLARS TO THE FEE FOR FILING A COMPLAINT OR PETITION IN CIRCUIT OR FAMILY COURT TO BE ALLOCATED TOWARD CIVIL REPRESENTATION OF INDIGENTS; TO ADD SECTION 1-11-185 SO AS TO PROVIDE THAT THE BUDGET AND CONTROL BOARD MAY ADOPT RULES AND PROMULGATE CERTAIN REGULATIONS THAT GOVERN THE OPERATION OF THE DEPARTMENT OF CORRECTIONS; AND TO AMEND SECTION 24-1-140, RELATING TO POWERS OF THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS SHALL PERFORM CERTAIN DUTIES TO CARRY OUT THE INTENT OF CHAPTER 1, TITLE 24, SHALL CARRY OUT CERTAIN DIRECTIVES OF THE BUDGET AND CONTROL BOARD, AND IS AUTHORIZED TO MAKE AND EXECUTE CERTAIN CONTRACTS; TO AMEND SECTION 14-5-610, AS AMENDED, RELATING TO CIRCUIT COURTS AND CIRCUIT COURT JUDGES, SO AS TO ADD AN ADDITIONAL JUDGE FOR THE FIRST, FIFTH, AND THIRTEENTH CIRCUITS; TO AMEND SECTION 20-7-1410, AS AMENDED, RELATING TO THE FAMILY COURTS AND FAMILY COURT JUDGES, SO AS TO ADD AN ADDITIONAL JUDGE FOR THE FIRST, NINTH, AND THIRTEENTH CIRCUITS, TO PROVIDE FOR THE DATE THESE JUDGES TAKE OFFICE, AND TO FURTHER PROVIDE FOR THE RESIDENCY REQUIREMENTS FOR CERTAIN OF THESE FAMILY COURT JUDGES; TO AMEND SECTION 9-8-120, AS AMENDED, RELATING TO THE RETURN OF BENEFICIARIES TO STATE SERVICE AND THE PRACTICE OF LAW FOR MEMBERS OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH A RETIRED JUDGE OR JUSTICE MUST MAKE AN ELECTION TO PRACTICE LAW OR BE ELIGIBLE FOR APPOINTMENT TO SERVE IN THE COURTS OF THIS STATE AND TO PROVIDE THAT AN ELECTION TO PRACTICE LAW IS IRREVOCABLE; TO ADD SECTION 38-7-35 SO AS TO PROVIDE THAT TWO HUNDRED FIFTY THOUSAND DOLLARS OF THE REVENUE COLLECTED ANNUALLY PURSUANT TO SECTION 38-7-30, REGARDING THE TAX ON FIRE INSURERS TO COVER EXPENSES OF INSPECTIONS AND INVESTIGATIONS, MUST BE TRANSFERRED TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR CERTAIN PURPOSES AND REQUIRE THE DEPARTMENT TO MAKE AN ANNUAL REPORT; TO REPEAL CHAPTER 51, TITLE 2 RELATING TO THE JOINT LEGISLATIVE STUDY COMMITTEE ON SERVICES, PROGRAMS, AND FACILITIES FOR THE AGING.
Read the first time and referred to the Committee on Finance.

Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable with amendment report on:
S. 24 -- Senator Mescher: A BILL TO AMEND SECTION 47-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF WILD CARNIVORES AS PETS, SO AS TO DELETE THE REFERENCE TO FERRETS AND EXEMPT THEM FROM THE PROHIBITION.
Ordered for consideration tomorrow.

Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable with amendment report on:
S. 275 -- Senators Leventis, Ryberg, McConnell, Land, McGill, Jackson, Russell, Courson, Glover, O'Dell, Ravenel, Moore, Gregory, Reese, Thomas, Waldrep, Rose, Hutto and Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 TO CHAPTER 3, TITLE 47, SO AS TO PROVIDE FOR THE STERILIZATION OF DOGS AND CATS.
Ordered for consideration tomorrow.

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

The following House Bill was read the third time and ordered returned to the House with amendments:

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.

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

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. 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.

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.

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.

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

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.

H. 3243 -- Reps. Sharpe and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-20-55 SO AS TO PROVIDE FOR THE GENERAL PERMITTING OF CERTAIN MINING ACTIVITIES; AND TO AMEND SECTIONS 48-20-160 AND 48-20-220, RELATING TO PENALTIES FOR VIOLATIONS OF MINING PERMITS, SO AS TO PROVIDE FOR CIVIL PENALTIES FOR NONCOMPLIANCE WITH THE GENERAL PERMIT.
Senator LEVENTIS explained the Bill.

S. 207 -- Senators Hayes, Short, Gregory, Thomas, Martin, Russell, Fair, Holland, Lander, Drummond, J. Verne Smith, Wilson, Ryberg and Moore: A BILL TO AMEND SECTION 16-19-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONAPPLICATION OF THE GAMBLING OFFENSES TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE, SO AS TO CLARIFY THAT THIS PROVISION DOES NOT PROHIBIT REGULATION OF THESE MACHINES, INCLUDING THEIR PROHIBITION, PURSUANT TO THE VIDEO GAMES MACHINES ACT AND ITS COUNTY OPTION PROVISIONS; TO AMEND SECTION 12-21-2791, RELATING TO LIMITATIONS ON PAYOUTS ON MACHINES AS DEFINED UNDER THE VIDEO GAMES MACHINES ACT, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS AND CLARIFY THAT THIS PROVISION IS DIRECTED AT A PERSON; TO AMEND SECTION 12-21-2804, RELATING TO REGULATION OF VIDEO MACHINES, SO AS TO PROVIDE CIVIL PENALTIES FOR MACHINES LOCATED IN COUNTIES WHERE PAYOUTS ARE PROHIBITED, INCLUDING MONETARY PENALTIES, LICENSE REVOCATION, AND SEIZURE OF MACHINES, PROVIDE FOR THESE PENALTIES TO APPLY IMMEDIATELY AND PROVIDE THE SOLE REMEDY FOR THESE PENALTIES; TO AMEND SECTION 12-21-2808, RELATING TO REFERENDUMS ALLOWED IN COUNTIES ON CONTINUING OR PROHIBITING CASH PAYOUTS, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS, DELETE OBSOLETE PROVISIONS, AND MAKE OTHER TECHNICAL REVISIONS; TO AMEND SECTION 12-21-2809, RELATING TO THE PROHIBITIONS ON LICENSING AND LOCATING MACHINES IN NONPAYOUT COUNTIES, SO AS TO DELETE CRIMINAL PENALTIES FOR VIOLATIONS AND SUBJECT VIOLATORS TO THE CIVIL PENALTIES PROVIDED BY THIS ACT AND TO PROVIDE THAT THE PENALTY EXTENDS TO OWNING OR POSSESSING THESE MACHINES; TO PROVIDE THAT COUNTIES IN WHICH A MAJORITY "NO" VOTE WAS CERTIFIED IN THE REFERENDUM PROVIDED PURSUANT TO SECTION 12-21-2806 ARE DEEMED TO HAVE MADE THAT CHOICE PURSUANT TO SECTION 12-21-2808, AS AMENDED BY THIS ACT, WITH AUTHORIZATION FOR THE DEPARTMENT OF REVENUE TO ISSUE PRORATED REFUNDS FOR MACHINES LICENSED IN SUCH COUNTIES; AND TO REPEAL SECTION 12-21-2806, RELATING TO THE INITIAL REFERENDUM ON CONTINUING CASH PAYOUTS.

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

Senator HAYES proposed the following amendment (207R002.RLW), which was adopted:
Amend the bill, as and if amended, page 2, by striking line 31 and inserting in lieu thereof the following:
/"Section 12-21-2791.   Any location which operates /
Amend title to conform.

Senator HAYES explained the Bill.

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

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

S. 277 -- Senators Leventis, Gregory, McConnell, Land, McGill, Passailaigue, Glover, Ravenel, Moore, Russell, Courson, Reese, O'Dell, Jackson, Thomas, Rose, Waldrep and Ryberg: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO, AMONG OTHER THINGS, CHANGE VARIOUS PENALTIES, INCLUDING MAKING CERTAIN MISDEMEANOR OFFENSES FELONIES AND ALLOW CERTAIN FIRST OFFENSE VIOLATIONS TO BE TRIED IN MUNICIPAL COURT.
Senator LEVENTIS explained the Bill.

Senators PEELER and FAIR desired to be recorded as voting against the second reading of the Bill.

H. 3318 -- Reps. Townsend, Rhoad, Webb, Sharpe, Sandifer, Martin, Barrett and Witherspoon: A BILL TO AMEND SECTIONS 46-21-60 AND 46-21-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF A FOUNDATION SEED ORGANIZATION FOR THE PURPOSE OF FOSTERING THE PRODUCTION, PROCESSING, AND DISTRIBUTION OF FOUNDATION HYBRID SEED CORN AND OTHER CROP SEED AND PROVIDE FOR THE COOPERATION OF VARIOUS OTHER AGENCIES IN CARRYING OUT THE PURPOSES OF THE FOUNDATION, SO AS TO PROVIDE THAT THE PURPOSE OF THE FOUNDATION IS AIMED AT THE PRODUCTION, PROCESSING, AND DISTRIBUTION OF PURE VARIETIES OF CROP SEEDS AND PLANTS RATHER THAN FOUNDATION HYBRID SEED CORN AND OTHER CROP SEEDS, DELETE THE AUTHORITY OF THE SOUTH CAROLINA CROP IMPROVEMENT ASSOCIATION TO BE VESTED WITH CERTAIN POWERS, DELETE THE REQUIREMENT THAT AGENCIES COOPERATE WITH THE ASSOCIATION, EXCEPT FOR THE DEPARTMENT OF AGRICULTURE, AND ADD CLEMSON UNIVERSITY AS AN ENTITY RESPONSIBLE FOR CARRYING OUT THE PURPOSES OF SECTION 46-21-60.
Senator LEVENTIS explained the Bill.

S. 278 -- Senators Leventis, Reese, Glover, Ravenel, O'Dell, Gregory, McConnell, Land, McGill, Russell, Jackson, Courson, Thomas, Waldrep, Rose, Passailaigue, Hutto and Ryberg: A BILL TO AMEND SECTION 47-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF ANIMAL, SO AS TO REDEFINE THE TERM ANIMAL AND DEFINE THE WORDS SUSTENANCE AND SHELTER; TO AMEND SECTION 47-1-40, AS AMENDED, RELATING TO THE ILL-TREATMENT OF AN ANIMAL SO AS TO ALLOW FOR DISPOSITION OF A PERSON'S CASE, WHO HAS ALLEGEDLY DISOBEYED THIS SECTION, TO BE HEARD IN EITHER MAGISTRATE'S OR MUNICIPAL COURT; TO AMEND SECTION 47-1-50, AS AMENDED, RELATING TO PENALTIES FOR THE MISUSE AND ABANDONMENT OF AN ANIMAL SO AS TO DELETE THE PROVISION THAT A PERSON MAY NOT KNOWINGLY OR WILFULLY AUTHORIZE OR PERMIT AN ANIMAL TO BE SUBJECTED TO UNNECESSARY TORTURE, SUFFERING, OR CRUELTY; TO AMEND SECTION 47-1-70, AS AMENDED, RELATING TO THE ABANDONMENT OF AN ANIMAL AND THE DEFINITION OF THE TERM NECESSITIES OF LIFE SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL MUST BE GIVEN A SUPPLY OF CLEAN, FRESH, AND POTABLE WATER AT LEAST ONCE DAILY; TO AMEND SECTION 47-1-90, RELATING TO THE TRANSPORTATION OF AN ANIMAL IN RAILROAD CARS SO AS TO REQUIRE ANY COMPANY CARRYING OR TRANSPORTING AN ANIMAL NOT TO OVERLOAD THE VEHICLE CARRYING THE ANIMAL AND TO PROVIDE THAT AN ANIMAL MUST NOT BE CONFINED IN A VEHICLE FOR A PERIOD LONGER THAN TWENTY-FOUR CONSECUTIVE HOURS UNLESS CIRCUMSTANCES STATED IN THIS SECTION ALLOW; TO AMEND SECTION 47-1-100, RELATING TO THE CARE OF AN ANIMAL UNLOADED DURING TRANSIT SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 47-1-120, RELATING TO THE CUSTODY OF AN ANIMAL WHEN ITS KEEPER IS ARRESTED, SO AS TO DELETE LANGUAGE AND PROVISIONS REGARDING CERTAIN VEHICLES; TO AMEND SECTION 47-1-140, RELATING TO THE CARE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL TAKEN AFTER ITS CUSTODIAN'S ARREST BE CARED AND PROVIDED PROPERLY FOR BY THE PERSON MAKING THE ARREST UNTIL THE OWNER TAKES CUSTODY OF THE ANIMAL AND TO ALLOW AN ANIMAL TO BE SEIZED PRECEDING AN ARREST PURSUANT TO SECTION 47-1-150; TO AMEND SECTION 47-1-150, RELATING TO ANIMAL CRUELTY LAWS, SO AS TO ALLOW AN ANIMAL TO BE HELD BY THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OTHER SOCIETY INVOLVED IN THE SEIZURE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST PENDING CRIMINAL DISPOSITION OF THE CASE AT A FACILITY MAINTAINED OR CONTRACTED BY THAT AGENCY; TO AMEND SECTION 47-1-170, RELATING TO PENALTIES, FINES, AND LIENS ASSESSED UPON AN ANIMAL CRUELLY USED SO AS TO DELETE THE CURRENT PROVISIONS AND REQUIRE THE CONVICTED OWNER OR PERSON HAVING CUSTODY OF A CRUELLY USED ANIMAL TO FORFEIT OWNERSHIP OF THE ANIMAL AND BE RESPONSIBLE FOR COSTS INCURRED AS ORDERED BY THE SENTENCING COURT; AND TO REPEAL SECTION 47-1-30, RELATING TO WILFUL ABUSE OF HORSES OR OTHER "BEASTS OF BURDEN".

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

The Committee on Agriculture and Natural Resources proposed the following amendment (S278.SAG), which was adopted:
Amend the bill, as and if amended, ON PAGE 4, SECTION 3, SECTION 47-1-50(B), line 5, after "Section 47-1-40." delete "(A)" and replace it with an underlined (A) to read as follows:
/     (A)     /
Amend title to conform.

Senator LEVENTIS explained the Bill.

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

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 MESCHER asked unanimous consent to make a motion to commit the Resolution to the General Committee.
Senator LEATHERMAN objected.

S. 276 -- Senators Leventis, Reese, McConnell, Glover, Ravenel, Rose, O'Dell, Courson, Russell, Giese, Hutto, Passailaigue and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY A LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT IF THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE, AND PROVIDE FOR PENALTIES, EXCEPTIONS, AND RELATED MATTERS.
Senator LEVENTIS explained the Bill.

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

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 McCONNELL spoke on the Bill.

The PRESIDENT assumed the Chair at 1:10 P.M.

Senator McCONNELL continued speaking on the Bill.

On motion of Senator MOORE, with unanimous consent, the Bill was carried over, with Senator McCONNELL retaining the floor.

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

Initial Appointment, Orangeburg County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable Derrick F. Dash, Post Office Box 119, Elloree, S.C. 29047 VICE Vernetha G. Glenn (resigned)

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

Appointment, Myrtle Beach Redevelopment Authority, with term to commence June 30, 1996, and to expire June 30, 2000:
Mildred Wellons, 301 21st Avenue, Myrtle Beach, S.C. 29577 VICE Jackie Woodbury

At 1:15 P.M., on motion of Senator MOORE, 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.