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

Wednesday, April 1, 1998
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:00 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, Jeremiah preached hope based upon fidelity... listen... Chapter 29 (v. 11):
"For I know the plans I have for you, says the Lord, plans for welfare and not for evil, to give you a future and a hope." [Emphasis added]
Let us pray.
Holy Father, we remember the despair with which Jeremiah's people faced future exile.
We know You have plans for us... and a future full of hope... if we make our decisions, as persons and a government, within the frame of Your will.
Please lead us, in our judiciously planned procedures, with excited patience.
We pray in the spirit of the old African-American spiritual:
"Sometimes I feel discouraged
and think my work's in vain.
But then the Holy Spirit
revives my soul again.
There is a balm in Gilead
to make the wounded whole;
There is a balm in Gilead
to heal the sin-sick soul."
Amen.

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

Doctor of the Day

Senator LEATHERMAN introduced Dr. Coleman Floyd of Florence, S.C., Doctor of the Day.

Leave of Absence

At 10:30 A.M., Senator PATTERSON requested a leave of absence for Friday and Saturday of this week.

Leave of Absence

At 10:30 A.M., Senator McGILL requested a leave of absence beginning at 4:00 P.M. and lasting until 11:00 P.M.

Leave of Absence

At 1:10 P.M., Senator WALDREP requested a leave of absence until Tuesday, April 7, 1998.

Leave of Absence Rescinded

At 3:30 P.M., the leave of absence granted to Senator CORK from 3:45-7:00 P.M. was rescinded.

Motion to Ratify Adopted

At 10:40 A.M., Senator DRUMMOND asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 12:45 P.M.
There was no objection and a message was sent to the House accordingly.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1160 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE STATE OF SOUTH CAROLINA AT THE LOSS OF MRS. FAYE GARNER BENTLEY OF UNION WHO DIED WEDNESDAY, MARCH 25, 1998, AND TO OFFER THE CONDOLENCES OF THE GENERAL ASSEMBLY TO HER FAMILY AND FRIENDS.
The Concurrent Resolution was adopted, ordered sent to the House.

S. 1161 (Word version) -- Senator Reese: A JOINT RESOLUTION TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, IN CONJUNCTION WITH THE STATE BOARD OF PHARMACY, TO CONDUCT A STUDY TO ASCERTAIN THE COST OF FILLING A PRESCRIPTION AND TO REPORT TO THE MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS COMMITTEE AND THE
SENATE MEDICAL AFFAIRS COMMITTEE BEFORE JANUARY 1, 1999.
Read the first time and referred to the Committee on Medical Affairs.

S. 1162 (Word version) -- Senator Bryan: A BILL TO AMEND SECTION 20-7-6845 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONAL SERVICES FOR JUVENILES, SO AS TO REVISE THE STANDARDS APPLICABLE TO JUVENILE DETENTION FACILITIES.
Read the first time and referred to the Committee on Corrections and Penology.

S. 1163 (Word version) -- Senator Bryan: A BILL TO AMEND CHAPTER 9, TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE ANNUAL JAIL AND PRISON INSPECTION REPORT AND ENFORCEMENT OF MINIMUM STANDARDS, SO AS TO REVISE THE LIST OF PERSONS WHO MUST RECEIVE COPIES OF REPORTS PREPARED BY THE JAIL AND PRISON INSPECTION DIVISION.
Read the first time and referred to the Committee on Judiciary.

Motion Adopted

Senator BRYAN asked unanimous consent to make a motion that the Bill be referred to the Committee on Corrections and Penology.
There was no objection.

The Bill was referred to the Committee on Corrections and Penology.

H. 4755 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 27-40-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIST OF ARRANGEMENTS NOT GOVERNED BY THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO INCLUDE IN THAT LIST RESIDENCE AT A CHARITABLE OR EMERGENCY PROTECTIVE SHELTER.
Read the first time and referred to the Committee on Judiciary.

H. 4865 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO EVALUATION OF TEACHERS EMPLOYED UNDER PROVISIONAL CONTRACTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2224, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.

H. 4919 (Word version) -- Reps. Whatley, Harrell, Altman, Limehouse, Campsen, Seithel, Breeland, Mack, Whipper, Chellis, Dantzler, Inabinett, Allison, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Canty, Carnell, Cato, Cave, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Littlejohn, Lloyd, Loftis, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO CONGRATULATE MR. AND MRS. ROBERT O. PARRY OF CHARLESTON UPON THE OCCASION OF THEIR SEVENTIETH WEDDING ANNIVERSARY ON APRIL 29, 1998.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4920 (Word version) -- Rep. T. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE COACH MIKE JOHNSON OF GEORGETOWN HIGH SCHOOL ON THE OCCASION OF HIS FIVE HUNDREDTH CAREER BASEBALL WIN AND TO EXPRESS APPRECIATION FOR HIS TWENTY-EIGHT YEARS OF CONTRIBUTION TO THE GROWTH AND MATURITY OF HUNDREDS OF YOUNG PEOPLE.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4921 (Word version) -- Rep. T. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE COACH JERRY HARWELL AND THE HEMINGWAY HIGH SCHOOL TIGERS FOR THEIR AA STATE BASKETBALL CHAMPIONSHIP AND TO EXPRESS THE PRIDE OF THIS STATE IN THEIR OUTSTANDING ATHLETIC ACHIEVEMENT.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4924 (Word version) -- Reps. Bauer and J. Smith: A CONCURRENT RESOLUTION CONGRATULATING BOB ANDREWS MOTORS, INC., OF COLUMBIA ON SEVENTY-FIVE YEARS OF OUTSTANDING SERVICE TO THE RESIDENTS OF THE MIDLANDS.
The Concurrent Resolution was adopted, ordered returned to the House.

REPORTS OF STANDING COMMITTEES

Senator RANKIN from the Committee on Judiciary submitted a majority favorable with amendment and Senator SALEEBY a minority unfavorable report on:
S. 642 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 16-3-1700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF "HARASSMENT" AND "STALKING", SO AS TO EXCLUDE ACTS OF PRIVATE DETECTIVES PERFORMING THEIR OFFICIAL DUTIES.
Ordered for consideration tomorrow.

Senator COURTNEY from the Committee on Judiciary submitted a favorable with amendment report on:
S. 728 (Word version) -- Senators Holland, Hutto, Courtney and Rankin: A BILL TO AMEND SECTION 15-75-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOSS OF COMPANIONSHIP OF A SPOUSE, SO AS TO PROVIDE FOR LOSS OF PARENTAL CONSORTIUM.
Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:

S. 914 (Word version) -- Senator Gregory: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA GARNISHMENT ACT OF 1998", WHICH PROVIDES PROCEDURES THAT GRANT TO PERSONS WHO HAVE RECOVERED CERTAIN JUDGMENTS AGAINST ANOTHER PERSON A RIGHT TO A WRIT OF GARNISHMENT, SUBJECTING TO GARNISHMENT UP TO SPECIFIED LIMITATIONS INCOME, WAGES, INTEREST, RENTS, DIVIDENDS, CAPITAL GAINS, BONUSES, AND COMMISSIONS OF THE DEBTOR; AND TO REPEAL SECTION 37-5-104 RELATING TO THE PROHIBITION AGAINST GARNISHMENT FOR DEBTS ARISING FROM A CONSUMER CREDIT SALE.
Ordered for consideration tomorrow.

Senator CORK from the Committee on Judiciary submitted a favorable with amendment report on:
S. 987 (Word version) -- Senator Cork: A BILL TO AMEND SECTION 27-31-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HORIZONTAL PROPERTY ACT AND THE PROVISION THAT THE HORIZONTAL PROPERTY REGIME MAY BE WAIVED AND MERGED, SO AS TO PROVIDE THAT IN THE CASE OF NONPROFIT LONG-TERM CARE RETIREMENT OR LIFE CARE FACILITIES, IF THERE ARE CO-OWNERS THEN A TWO-THIRDS VOTE, RATHER THAN A UNANIMOUS VOTE, OF THE CO-OWNERS SUFFICES TO WAIVE THE REGIME.
Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Judiciary submitted a majority favorable with amendment and Senator SALEEBY a minority unfavorable report on:
S. 999 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF LITTERING, SO AS TO PROVIDE THAT IT IS PRIMA FACIE EVIDENCE THAT THE OPERATOR OF A CONVEYANCE HAS VIOLATED THIS SECTION WHEN LITTER IS THROWN, DEPOSITED, DROPPED, OR DUMPED FROM A CONVEYANCE, AND TO CREATE A REBUTTABLE PRESUMPTION THAT A PERSON HAS VIOLATED THIS SECTION WHEN HIS NAME IS DISCOVERED ON LITTER WHICH HAS BEEN DEPOSITED ON PUBLIC OR PRIVATE PROPERTY.
Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:

S. 1075 (Word version) -- Senator Saleeby: A BILL TO AMEND SECTION 61-6-1500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON RETAIL ALCOHOLIC LIQUOR DEALERS, SO AS TO REVISE THE SIZE OF CONTAINERS CONTAINING ALCOHOLIC LIQUORS WHICH A RETAIL DEALER IS PERMITTED TO OWN OR KEEP IN HIS POSSESSION.
Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:

S. 1126 (Word version) -- Senators Leventis and Land: A BILL TO AMEND SECTION 5-15-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTY OF THE GOVERNING BODY OF A MUNICIPALITY TO ENACT ORDINANCES REGARDING TIME REQUIREMENTS FOR NOMINATIONS AND PRIMARIES, SO AS TO CHANGE THE NUMBER OF DAYS BY WHICH A PARTY SHALL CERTIFY THE CANDIDACY TO THE MUNICIPAL ELECTION COMMISSION, CHANGE THE NUMBER OF DAYS BY WHICH A CANDIDATE MUST FILE A STATEMENT OF CANDIDACY WITH THE COMMISSION, CHANGE THE NUMBER OF DAYS BY WHICH A CANDIDATE MUST FILE A PETITION WITH THE MUNICIPAL CLERK PRIOR TO THE ELECTION, CHANGE THE NUMBER OF DAYS BY WHICH THE COMMISSION SHALL EXAMINE THE PETITION AND DETERMINE ITS VALIDITY, DELETE SPECIAL ELECTIONS FROM THIS SECTION, ESTABLISH THE FILING DEADLINES FOR NONPARTISAN SPECIAL ELECTIONS, AND PROVIDE THAT FOR PARTISAN SPECIAL ELECTIONS, PETITIONS MUST BE SUBMITTED PURSUANT TO SECTION 7-13-190(B); TO AMEND SECTION 5-15-110, RELATING TO CANDIDATES NOMINATED BY PETITION, SO AS TO CHANGE THE NUMBER OF DAYS BY WHICH A CANDIDATE SHALL FILE A PETITION WITH THE MUNICIPAL ELECTION COMMISSION AND TO CHANGE THE NUMBER OF DAYS BY WHICH THE COMMISSION SHALL DETERMINE THE VALIDITY OF THE PETITION, AND DELETE SPECIAL ELECTIONS FROM THIS SECTION; TO AMEND SECTION 5-15-145, AS AMENDED, RELATING TO THE TRANSFER OF AUTHORITY TO CONDUCT MUNICIPAL ELECTIONS TO COUNTY ELECTION COMMISSIONS, SO AS TO PROVIDE THAT THE MUNICIPALITY MAY BY ORDINANCE SET THE FILING DATES AND THE DATE BY WHICH CANDIDATES MUST BE CERTIFIED FOR MUNICIPAL OFFICES TO RUN CONCURRENTLY WITH THE FILING DATES SET BY LAW FOR COUNTYWIDE AND LESS THAN COUNTYWIDE OFFICES; TO AMEND SECTION 7-13-190, RELATING TO PARTISAN SPECIAL ELECTIONS, SO AS TO ESTABLISH THE REQUIREMENTS FOR SEEKING NOMINATIONS BY PETITION AND FOR VERIFICATION OF THE PETITION; TO AMEND SECTION 7-13-350, RELATING TO THE PLACING ON THE BALLOT OF CERTIFIED CANDIDATES NOMINATED BY PETITION, PRIMARY, OR CONVENTION, SO AS TO ADD MUNICIPAL ELECTIONS TO THIS PROVISION, AND CHANGE THE NUMBER OF DAYS BY WHICH THE NAMES OF THE NOMINEES MUST BE PLACED ON THE APPROPRIATE BALLOT; TO AMEND SECTION 7-13-351, RELATING TO NOMINEES BY PETITION, SO AS TO CHANGE THE NUMBER OF DAYS BY WHICH THE PETITION OF A CANDIDATE IN A SPECIAL OR MUNICIPAL ELECTION MUST BE SUBMITTED TO THE AUTHORITY CHARGED WITH PRINTING THE BALLOT, AND CHANGE THE NUMBER OF DAYS BY WHICH THE BOARD OF VOTER REGISTRATION MUST CERTIFY THE RESULTS; AND TO AMEND SECTION 7-13-352, RELATING TO A CANDIDATE FOR NONPARTISAN OFFICE WHO QUALIFIES BY STATEMENT OF CANDIDACY, SO AS TO INCLUDE MUNICIPAL OFFICES.
Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:
H. 4596 (Word version) -- Reps. Harrison and Cromer: A BILL TO AMEND SECTION 7-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO MEET AT SUCH TIMES AS IT CONSIDERS NECESSARY.
Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., March 31, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3619 (Word version) -- Rep. Wilkes: A BILL TO AMEND SECTION 50-11-27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL HUNTING OF MIGRATORY WATERFOWL ON CERTAIN PORTIONS OF LAKE MURRAY WITHIN TWO HUNDRED YARDS OF A DWELLING WITHOUT THE WRITTEN PERMISSION OF THE OWNER OR OCCUPANT, SO AS TO MAKE SUCH PROVISIONS APPLICABLE TO LAKE WATEREE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Message from the House

Columbia, S.C., March 31, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4594 (Word version) -- Reps. Rhoad, Bowers, R. Smith, Koon, Limehouse, Bauer, Bailey, Inabinett, Battle, J. Smith, Witherspoon, Sharpe, Davenport, T. Brown, Law, Webb, McAbee, Wilkes, Lloyd, Neal, Knotts, Edge, Miller, Hamilton, Loftis, Riser, Cave, Barfield, Littlejohn, Dantzler, Harvin, Phillips, Maddox, Hinson, Rodgers, Baxley, Leach, Cromer, Jennings and Neilson: A BILL TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT AUTHORIZED TO BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO AUTHORIZE THE USE OF BREAM ON THE EDISTO RIVER ON CERTAIN SET HOOKS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

H. 4346--CONFERENCE COMMITTEE APPOINTED
Message from the House

Columbia, S.C., March 31, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 4346 (Word version) -- Reps. Stuart, Stoddard, Leach, Rodgers, Loftis, Martin, Neal, Mason, Stille, Walker and Woodrum: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE CERTAIN PRODUCTION AND DISTRIBUTION GUIDELINES FOR SPECIAL LICENSE PLATES; AND TO AMEND SECTION 56-3-3710, AS AMENDED, RELATING TO THE PRODUCTION AND DISTRIBUTION OF SPECIAL COLLEGE AND UNIVERSITY LICENSE PLATES, SO AS TO REVISE THE PROCEDURE TO REQUEST A CHANGE IN A LICENSE PLATE EMBLEM, SEAL, OR SYMBOL.
Very respectfully,
Speaker of the House

On motion of Senator McCONNELL, the Senate insisted upon its amendments to H. 4346 and asked for a Committee of Conference.

Whereupon, the PRESIDENT Pro Tempore appointed Senators PATTERSON, HUTTO and RAVENEL of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., April 1, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Representatives Littlejohn, Stuart, and Neal of the Committee of Conference on the part of the House on:

H. 4346 (Word version) -- Reps. Stuart, Stoddard, Leach, Rodgers, Loftis, Martin, Neal, Mason, Stille, Walker and Woodrum: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE CERTAIN PRODUCTION AND DISTRIBUTION GUIDELINES FOR SPECIAL LICENSE PLATES; AND TO AMEND SECTION 56-3-3710, AS AMENDED, RELATING TO THE PRODUCTION AND DISTRIBUTION OF SPECIAL COLLEGE AND UNIVERSITY LICENSE PLATES, SO AS TO REVISE THE PROCEDURE TO REQUEST A CHANGE IN A LICENSE PLATE EMBLEM, SEAL, OR SYMBOL.
Very respectfully,
Speaker of the House

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

ORDERED ENROLLED FOR RATIFICATION

The following Bills and Joint Resolutions were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 4867 (Word version) -- Reps. Simrill and Kirsh: A BILL TO AMEND ACT 270 OF 1981, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF FORT MILL SCHOOL DISTRICT NO. 4 IN YORK COUNTY, SO AS TO PROVIDE THAT THE SCHOOL DISTRICT RATHER THAN YORK COUNTY SHALL PAY FOR THE COST OF THE ELECTIONS.
(By prior motion of Senator HAYES)

H. 3901 (Word version) -- Reps. Sharpe and McLeod: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 SO AS TO ENACT THE SOUTHERN INTERSTATE DAIRY COMPACT ACT OF 1997, TO PROVIDE THAT THE GOVERNOR MAY EXECUTE AN INTERSTATE DAIRY COMPACT WITH THE DESIGNATED COMPACT STATES SO AS TO ADOPT THE SOUTHERN INTERSTATE DAIRY COMPACT, TO PROVIDE WHEN THE COMPACT BECOMES OPERATIVE AND EFFECTIVE, AND THAT WHEN THE COMPACT BECOMES EFFECTIVE, IT IS THE POLICY OF THIS STATE TO PERFORM AND CARRY OUT THE PROVISIONS OF THE COMPACT, TO PROVIDE THAT THE COMMISSIONER OF AGRICULTURE IS THE COMPACT ADMINISTRATOR FOR THIS STATE, TO PROVIDE FOR THE STATE'S DELEGATION TO THE SOUTHERN INTERSTATE DAIRY COMPACT COMMISSION, AND FOR MEMBERSHIP, APPOINTMENTS, TERMS, AND FILLING OF VACANCIES ON THE DELEGATION, TO PROVIDE FOR PER DIEM AND REIMBURSEMENT OF TRAVEL EXPENSES FOR MEMBERS OF THE DELEGATION, TO PROVIDE FOR FUNDING, FACILITIES, ASSISTANCE, AND ACCESS TO INFORMATION AND DATA FROM OTHER STATE OFFICERS, AGENCIES, AND EMPLOYEES, AND FROM PRIVATE PERSONS BY LAWFUL MEANS, TO ASSIST THE DELEGATION IN CARRYING OUT THE PURPOSES OF THE COMPACT, TO PROVIDE FOR THE ADOPTION OF RULES AND REGULATIONS AS NECESSARY TO CARRY OUT THE PURPOSES OF THE COMPACT AND THIS CHAPTER, INCLUDING PROVISIONS FOR THE REVOCATION OR FORFEITURE OF LICENSES, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THE COMPACT, RELATED RULES AND REGULATIONS, OR THE PROVISIONS OF THIS CHAPTER.
(By prior motion of Senator LANDER, with unanimous consent)

H. 4826 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, LIVESTOCK, POULTRY HEALTH DIVISION, RELATING TO IMPORTATION OF LIVESTOCK, SHEEP AND GOATS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2234, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4827 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, LIVESTOCK, POULTRY HEALTH DIVISION, RELATING TO VESICULAR STOMATITIS RESTRICTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2235, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

HOUSE BILLS RETURNED

The following House Bills and Joint Resolution were read the third time and ordered returned to the House with amendments:

H. 3789 (Word version) -- Reps. Limehouse, Altman, Hawkins, Chellis, J. Brown, Easterday, Cato, Edge, Maddox, Beck, Webb, Tripp, Byrd, Whatley, Littlejohn, Riser, Inabinett and Harrell: A BILL TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON TAKING CERTAIN FISH, SO AS TO DELETE SIZE LIMITATIONS FOR SPOTTED SEA TROUT AND RED DRUM; AND TO AMEND SECTION 50-17-520, AS AMENDED, RELATING TO LIMITS ON THE MAXIMUM NUMBER OF DAILY TAKE OF CERTAIN FISH, SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES TO ESTABLISH AND ADJUST SIZE AND THE MAXIMUM NUMBER OF DAILY TAKE OF FISH WITHIN SPECIFIED LIMITS FOR TWELVE SPECIES OF SALTWATER FISH.
(By prior motion of Senator PEELER, with unanimous consent)

H. 4640 (Word version) -- Reps. Rhoad, Sharpe, Barfield, T. Brown and Webb: A JOINT RESOLUTION TO REQUIRE A PERSON ENGAGED IN PESTICIDE OPERATIONS TO ENSURE THAT ALL COMPRESSED GAS TANKS OR CYLINDERS USED TO SUPPLY PROPELLANT FOR PESTICIDES ARE EQUIPPED WITH PROPERLY FUNCTIONING BACK FLOW DEVICES.

H. 4691 (Word version) -- Reps. Sharpe, Rhoad, Spearman, Limehouse, Davenport, Witherspoon, Littlejohn and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 47 SO AS TO ENACT THE SOUTH CAROLINA RENDERING ACT OF 1998, INCLUDING PROVISIONS AND DEFINITIONS RELATING TO ADMINISTRATION OF THE ACT BY THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION AND THE DIRECTOR, DIVISION OF LIVESTOCK-POULTRY HEALTH PROGRAMS, CLEMSON UNIVERSITY, PROVIDING MINIMUM STANDARDS FOR RENDERING PLANTS AND FOR CONDUCTING RENDERING OPERATIONS, AND PROVIDING PROVISIONS FOR PERMITS, INSPECTIONS; AND TO PROVIDE PENALTIES FOR VIOLATIONS.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 3730 (Word version) -- Reps. Mullen, Rodgers, Limehouse, Pinckney and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-136 SO AS TO ESTABLISH "NO WAKE ZONES" ON CERTAIN CREEKS AND COVES ON HILTON HEAD ISLAND IN BEAUFORT COUNTY.

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

Senator CORK proposed the following amendment (GJK\21361SD.98), which was adopted:
Amend the bill, as and if amended, by striking Section 50-21-136 of the 1976 Code, as contained in SECTION 1, and inserting:
/"Section 50-21-136.   There are established no wake zones on the following creeks and coves on Hilton Head Island in Beaufort County:
Broad Creek;
Old House Creek;
Bear Creek (also known as Park Creek);
Lawton Creek;
Jarvis Creek;
Braddock Cove;
Calibogue Creek (also known as Baynard Creek);
Folly Creek;
Skull Creek between Day Marker '13' and Day Marker '14';
Fish Haul Creek (also known as Coggin Creek);
Point Comfort Creek.
There is also established a no-wake zone between one hundred yards north of Marker 40 and Marker 41 on the New River in Beaufort County.
The no wake zone boundaries must be marked clearly with signs. The signs must be designed and installed as specified by the department.
No boat or watercraft may anchor or loiter within one hundred feet of a private dock or private residence located or abutting these no wake zones. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of two hundred fifty dollars or imprisonment for a period not exceeding ten days, or both, for a first offense or a fine of five hundred dollars or imprisonment for a period not exceeding thirty days, or both, for a second or subsequent offense. The department shall make available for purchase appropriate warning signs which may be posted by property owners on their property within these no wake zones warning operators of boats and watercraft of this provision."/
Renumber sections to conform.
Amend title to conform.

Senator CORK explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.

THIRD READING BILLS

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

S. 1137 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO PALMETTO FELLOWS SCHOLARSHIP: 1997-1998, DESIGNATED AS REGULATION DOCUMENT NUMBER 2256, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(By prior motion of Senator SETZLER, with unanimous consent)

S. 1138 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO NEED-BASED GRANTS PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2238, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(By prior motion of Senator SETZLER, with unanimous consent)

S. 1059 (Word version) -- Senators Saleeby and Giese: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO CLARIFY THAT THE DIVISION ON AGING IS UNDER THE DEPARTMENT OF HEALTH AND HUMAN SERVICES RATHER THAN UNDER THE OFFICE OF THE GOVERNOR; AND TO AMEND SECTION 9-1-10, AS AMENDED, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO AMEND THE DEFINITION OF "EMPLOYEE" AND "EMPLOYER" SO AS TO INCLUDE EMPLOYEES OF LOCAL COUNCILS ON AGING IN THE STATE RETIREMENT SYSTEM.
(By prior motion of Senator GIESE, with unanimous consent)

READ IN FULL
PASSED BY "AYES" AND "NAYS," READ THE THIRD
TIME, SENT TO THE HOUSE

S. 1055 (Word version) -- Senators Drummond, Bryan, Lander, Courson, J. Verne Smith, Elliott, Mescher, O'Dell, Ford, Reese, Short and Holland: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIOS AND CLASSES OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO CREATE A NEW CLASS OF PERSONAL PROPERTY REQUIRED TO BE TITLED BY A STATE OR FEDERAL AGENCY, NOT INCLUDING UNITS OF MANUFACTURED HOUSING, ASSESSED AT TEN AND ONE-HALF PERCENT OF FAIR MARKET VALUE OR SOME PERCENTAGE LESS THAN TEN AND ONE-HALF PERCENT BUT NOT LESS THAN SIX PERCENT SET BY THE GOVERNING
BODY OF THE COUNTY IN CONSULTATION WITH ALL PROPERTY TAXING ENTITIES IN THE COUNTY.

The Senate proceeded to a consideration of the Joint Resolution, the question being the third reading of the Joint Resolution.

Senator McCONNELL moved that the text of the Joint Resolution be printed upon the pages of the Journal and the Joint Resolution be ordered to receive a third reading:

S. 1055 (Word version) -- Senators Drummond, Bryan, Lander, Courson, J. Verne Smith, Elliott, Mescher, O'Dell, Ford, Reese, Short and Holland: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIOS AND CLASSES OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO CREATE A NEW CLASS OF PERSONAL PROPERTY REQUIRED TO BE TITLED BY A STATE OR FEDERAL AGENCY, NOT INCLUDING UNITS OF MANUFACTURED HOUSING, ASSESSED AT TEN AND ONE-HALF PERCENT OF FAIR MARKET VALUE OR SOME PERCENTAGE LESS THAN TEN AND ONE-HALF PERCENT BUT NOT LESS THAN SIX PERCENT SET BY THE GOVERNING BODY OF THE COUNTY IN CONSULTATION WITH ALL PROPERTY TAXING ENTITIES IN THE COUNTY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION   1.   It is proposed that Section 1(8), Article X of the Constitution of this State is amended to read:
"(8) (A)   Except as provided in subitem (B) of this item, all other personal property shall must be taxed on an assessment equal to ten and one-half percent of the fair market value of such the property.
(B)   Personal property otherwise assessed pursuant to subitem (A) of this item required to be titled by a state or federal agency, not including units of manufactured housing, must be taxed on an assessment equal to ten and one-half percent of fair market value or some percentage of fair market value less than ten and one-half percent but not less than six percent as may be set by the governing body of the county in consultation with all property taxing entities in the county."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 1(8), Article X of the Constitution of this State, be amended so as to establish a separate class of property for purposes of the property tax consisting of personal property required to be titled by a state or federal agency, not including units of manufactured housing, which may be assessed for property tax at a percentage of fair market value less than ten and one-half percent but not less than six percent as may be set by the governing body of the county in consultation with all property taxing entities in the county?

Yes []
No []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

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

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

S. 994 (Word version) -- Senators Short, Jackson and Gregory: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 39 SO AS TO ENACT THE SOUTH CAROLINA DEFERRED PRESENTMENT SERVICES ACT, PROVIDING FOR LICENSING AND REGULATION OF PERSONS OFFERING DEFERRED PRESENTMENT SERVICES.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Banking and Insurance.

The Committee on Banking and Insurance proposed the following amendment (994I003.LHS), which was adopted:
Amend the bill, as and if amended, page 1, by striking lines 34 - 35 , and inserting the following:
/(2) 'Check' means a check signed by the maker and made payable to a person licensed under this chapter. The name of the maker must be preprinted on the face of the check. 'Counter checks' and checks without the name of the maker preprinted on the face of the check shall not be accepted by a licensee./.
Amend the bill, as and if amended, page 4, line 21, by striking the word /twelve/ and inserting the word:
/   fifteen   /.
Amend the bill, as and if amended, page 4, line 24, by striking line 24, and inserting the following:
/imposed once for each written agreement. Records shall be kept by each licensee with sufficient detail to ensure that the fee or other consideration authorized by this subsection may only be imposed once for each written agreement./.
Amend the bill further, as and if amended, page 4, by striking line 36, and inserting the following:
/returned check charge as provided in Section 34-11-70(a), except that the service charge imposed by the licensee shall not exceed the lesser of ten dollars or the fee imposed by the financial institution on the licensee for the returned check. An/.
Amend the bill, as and if amended, page 4, by striking line 42, and page 5, lines 1 - 2, and inserting the following:
/the board may reasonably require and establish by regulation. The books, accounts, and records shall be kept with sufficient detail to ensure
that the provisions of Section 34-39-180(E) are met. The books, accounts, and records must be maintained separately from other business in which the person is engaged and must be retained for at least three years./.
Amend the bill further, as and if amended, page 5, by striking lines 29 -31 and inserting in lieu thereof the following:
/(9)   engage in the retail sale of goods or services, other than deferred presentment services and check cashing services, at the location licensed under this chapter;/.
Amend the bill further, as and if amended, page 5, by striking lines 36-39 and inserting in lieu thereof the following:
/`location' means the entire space in which deferred presentment services are provided and must be separated from any space where goods are sold or leased by walls which may be broken only by a passageway to which the public is not admitted./
Amend title to conform.

Senator McCONNELL explained the committee amendment.

The amendment was adopted.

Senator McCONNELL 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.

SECOND READING BILL

The following Bill, having been read the second time, was ordered placed on the third reading Calendar:

H. 4887 (Word version) -- Reps. Meacham, Delleney, Kirsh, McCraw, Moody-Lawrence and Simrill: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN YORK COUNTY, SO AS TO DIVIDE THE TEGA CAY PRECINCT INTO TWO PRECINCTS AND REVISE THE MAP DOCUMENT NUMBER ON THE OFFICIAL MAP ON WHICH THE LINES OF THE PRECINCTS ARE DELINEATED.
(By prior motion of Senator HAYES)

AMENDED, READ THE SECOND TIME

S. 843 (Word version) -- Senators Peeler, Reese and Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-195 SO AS TO REQUIRE A STUDENT WITH PEDICULOSIS (HEAD LICE) TO RETURN TO SCHOOL ONLY UPON PRESENTATION OF EVIDENCE OF TREATMENT AND A PHYSICAL SCREENING CONDUCTED BY THE SCHOOL INDICATING AN ABSENCE OF PEDICULOSIS AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE ELIGIBLE FAMILIES WITH PRODUCTS OR PRODUCT VOUCHERS FOR THE TREATMENT OF PEDICULOSIS.

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

The Committee on Medical Affairs proposed the following amendment (KGH\15505AC.98), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 2 and inserting:
/SECTION   2.   This act takes effect upon approval by the Governor and first applies when the department is appropriated adequate funding for its implementation./
Renumber sections to conform.
Amend title to conform.

The amendment was adopted.

Senator HUTTO proposed the following amendment (843.1), which was tabled:
Amend the bill, as and if amended, on page 1, line 31 by striking /an absence of pediculosis/ and inserting:
/ that treatment has been effective /.
Amend title to conform.

Senator HUTTO explained the amendment.
Senator PEELER argued contra to the amendment.
Senator PEELER moved to lay the amendment on the table.

The amendment was laid on the table.

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

S. 843--Ordered to a Third Reading

On motion of Senator PEELER, with unanimous consent, S. 843 was ordered to receive a third reading on Thursday, April 2, 1998.

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

DEBATE INTERRUPTED

S. 947 (Word version) -- Senators Ryberg, Hayes, Gregory, Drummond, Holland, J. Verne Smith, Leatherman, Bryan, Courson, Giese, Thomas, Wilson, Russell, McGill, O'Dell, Reese, Lander, Martin, Waldrep, Alexander, Fair, Grooms and Anderson: A BILL TO AMEND SECTIONS 12-21-2710, AS AMENDED, 12-21-2712, 12-21-2720, AS AMENDED, AND 12-21-2726, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COIN-OPERATED MACHINES OR DEVICES, SO AS TO EXTEND THE PROHIBITION ON SLOT MACHINES AND OTHER MACHINES OR DEVICES PERTAINING TO GAMES OF CHANCE TO VIDEO GAMES WITH A FREE PLAY FEATURE OR ANY OTHER COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING, TO EXTEND THE SEIZURE AND DESTRUCTION PROVISIONS APPLICABLE TO GAMES OF CHANCE TO THESE EXPANDED PROHIBITIONS, TO CONFORM EXISTING LICENSING REQUIREMENTS FOR COIN-OPERATED MACHINES AND DEVICES TO THESE EXPANDED PROHIBITIONS AND TO DELETE REFERENCES TO PROVISIONS OF LAW REPEALED BY THIS SECTION; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO DELETE THE OFFENSE OF OPERATING AN UNMETERED VIDEO GAME WITH A FREE PLAY FEATURE; TO AMEND SECTIONS 16-19-40 AND 16-19-50, RELATING TO THE OFFENSE OF GAMBLING, SO AS TO EXTEND THESE OFFENSES SPECIFICALLY TO PLAYING OR MAINTAINING ANY LICENSED COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING PURPOSES; TO PROVIDE FOR A ONE-YEAR LICENSE PERIOD FOR VIDEO GAMES WITH A FREE PLAY FEATURE FOR LICENSES ISSUED FOR A PERIOD BEGINNING AFTER MAY 31, 1998, AT A FEE OF FOUR THOUSAND DOLLARS; AND TO REPEAL SECTIONS 12-21-2703, 16-19-60, AND ARTICLE 20, CHAPTER 21 OF TITLE 12, RELATING RESPECTIVELY TO THE RETAIL LICENSE REQUIREMENT FOR A LOCATION WITH VIDEO GAMES WITH A FREE PLAY FEATURE, THE EXEMPTION OF VIDEO GAMES WITH A FREE PLAY FEATURE FROM THE GAMBLING OFFENSES, AND THE VIDEO GAMES MACHINES ACT.

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

Senator PASSAILAIGUE argued contra to the Bill.

Point of Quorum

Senator RYBERG made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

Motion Under Rule 15A Failed

At 12:07 P.M., Senator RYBERG moved under Rule 15A to set a time certain of 3:00 P.M. to vote on the entire matter of S. 947.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 20; Nays 20; Abstain 1

AYES

Alexander                 Anderson                  Courson
Drummond                  Fair                      Giese
Gregory                   Grooms                    Hayes
Leatherman                Martin                    McGill
Rankin                    Russell                   Ryberg
Short                     Smith, J. Verne           Thomas
Waldrep                   Wilson                    

Total--20

NAYS

Branton                   Cork                      Ford
Hutto                     Jackson                   Land
Leventis                  Matthews                  McConnell
Mescher                   Moore                     O'Dell
Passailaigue              Patterson                 Peeler
Ravenel                   Reese                     Saleeby
Setzler                   Washington                

Total--20

ABSTAIN

Courtney                  

Total--1

The PRESIDENT voted "aye."

Recorded Vote

Subsequent to the tabulation and announcement of the vote, Senators HOLLAND and BRYAN asked unanimous consent to be recorded as voting in favor of the motion under Rule 15A.
There was no objection.

Recorded Vote

Subsequent to the tabulation and announcement of the vote, Senator GLOVER asked unanimous consent to be recorded as voting against the motion under Rule 15A.
There was no objection.

Statement by Senator LANDER

I was attending a meeting outside the Senate Chamber when the roll call vote under Rule 15A was taken; however, had I been present in the Chamber, I would have voted "aye" in favor of the motion under Rule 15A.

Having failed to receive the necessary vote, the motion failed.

Senator PASSAILAIGUE argued contra to the Bill.
.

RECESS

At 12:12 P.M., on motion of Senator MOORE, with unanimous consent, the Senate receded from business not to exceed fifteen minutes with Senator PASSAILAIGUE retaining the floor.
At 12:25 P.M., the Senate resumed.

Senator PASSAILAIGUE continued arguing contra to the Bill.

Debate was interrupted by the Ratification of Acts, Senator PASSAILAIGUE retaining the floor.

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on April 1, 1998, at 12:45 P.M. and the following Acts and Joint Resolutions were ratified:

(R284) S. 89 (Word version) -- Senator Holland: AN ACT TO AMEND SECTION 20-4-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DURATION OF AN ORDER OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROVIDE THAT AN ORDER OF PROTECTION BE ISSUED FOR A MINIMUM PERIOD OF SIX MONTHS AND TO AUTHORIZE THE COURT TO DISMISS THE ACTION WITHOUT A HEARING IF THE PARTIES RECONCILE.

(R285) S. 275 (Word version) -- Senators Leventis, Ryberg, McConnell, Land, McGill, Jackson, Russell, Courson, Glover, O'Dell, Ravenel, Moore, Gregory, Reese, Thomas, Waldrep, Rose, Hutto and Passailaigue: AN ACT 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.

(R286) S. 377 (Word version) -- Senator Giese: AN ACT TO AMEND SECTIONS 16-11-510 AND 16-11-520, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MALICIOUS INJURY TO PERSONAL AND REAL PROPERTY, SO AS TO PROVIDE THAT THE PENALTIES FOR VIOLATING EITHER CRIME APPLY WHEN INJURY TO THE PROPERTY OR PROPERTY LOSS OCCURS AND TO PROVIDE FOR IMPRISONMENT OR FINES, OR BOTH, AS PENALTIES; AND TO AMEND SECTION 20-7-7210, AS AMENDED, RELATING TO ELIGIBILITY OF JUVENILES FOR PLACEMENT IN A SECURE DETENTION CENTER TO INCLUDE A JUVENILE WHO COMMITS A MISDEMEANOR OTHER THAN A VIOLENT CRIME AND WHO IS AWAITING ADJUDICATION IN ANOTHER DELINQUENCY PROCEEDING OR HAS A RECENT RECORD OF OTHER MISDEMEANOR ADJUDICATIONS.

(R287) S. 461 (Word version) -- Senators Mescher and Rose: AN ACT TO CREATE THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF BERKELEY COUNTY, ABOLISH THE BERKELEY COUNTY BOARD OF VOTER REGISTRATION, AND DEVOLVE THEIR POWERS AND DUTIES UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION.

(R288) S. 482 (Word version) -- Senator Ryberg: AN ACT TO AMEND SECTION 17-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC DEFENDERS, SO AS TO PROVIDE THAT THE PUBLIC DEFENDER OR ASSISTANT PUBLIC DEFENDERS MAY RESIDE OUTSIDE OF THE COUNTY OR THE DEFENDER CORPORATION AREA IN WHICH THEY SERVE.

(R289) S. 583 (Word version) -- Senator Giese: AN ACT TO AMEND SECTION 40-47-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS RELEVANT TO RESPIRATORY CARE, SO AS TO REVISE THE DEFINITIONS OF THE "PRACTICE OF RESPIRATORY CARE"; TO AMEND SECTION 40-47-530, RELATING TO EXEMPTIONS FROM RESPIRATORY CARE REGULATION, SO AS TO ELIMINATE THE EXEMPTION FOR HOSPITAL EMPLOYEES AND INCLUDE AN EXEMPTION FOR CERTAIN EMPLOYEES OF DURABLE MEDICAL EQUIPMENT COMPANIES UNDER CERTAIN CONDITIONS; TO AMEND SECTIONS 40-47-520, 40-47-590, 40-47-600, AS AMENDED, 40-47-610, 40-47-620, 40-47-625, 40-47-630, AS AMENDED, 40-47-640, 40-47-650, 40-47-655, AS AMENDED, AND 40-47-660, AS AMENDED, ALL RELATING TO THE CERTIFICATION AND REGULATION OF RESPIRATORY CARE THERAPISTS, SO AS TO REQUIRE LICENSURE RATHER THAN CERTIFICATION AND TO PROVIDE A TRANSITIONAL PERIOD FOR PERSONS CURRENTLY CERTIFIED TO MEET THE REQUIREMENTS FOR LICENSURE.

(R290) S. 835 (Word version) -- Senators Peeler and Reese: AN ACT TO REPEAL SECTION 50-1-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR REPORTING OF HUNTING ACCIDENTS.

(R291) S. 873 (Word version) -- Senator Drummond: AN ACT TO PROVIDE THAT THE GREENWOOD COUNTY ELECTION COMMISSION SHALL BE RESPONSIBLE FOR CONDUCTING AND CERTIFYING THE RESULTS OF ELECTIONS FOR SCHOOL TRUSTEES FOR SCHOOL DISTRICT 51 COMPOSED OF AREAS IN ABBEVILLE, GREENWOOD, AND LAURENS COUNTIES, AND NINETY-SIX SCHOOL DISTRICT 52 IN GREENWOOD COUNTY, EXCEPT THAT IN SCHOOL DISTRICT 51 THESE FUNCTIONS SHALL BE PERFORMED WITH THE ELECTION COMMISSIONS OF THE OTHER COUNTIES IN THIS SCHOOL DISTRICT, AND TO PERMIT THE USE OF GREENWOOD COUNTY VOTING MACHINES IN POLLING PLACES IN ABBEVILLE AND LAURENS COUNTIES WHEN CONDUCTING THESE ELECTIONS.

(R292) S. 881 (Word version) -- Senator Peeler: AN ACT TO AMEND ACT 588 OF 1994, RELATING TO THE ONE CENT SALES AND USE TAX IMPOSED FOLLOWING REFERENDUM APPROVAL IN CHEROKEE COUNTY FOR DEBT SERVICE ON BONDED INDEBTEDNESS OF CHEROKEE COUNTY SCHOOL DISTRICT 1 AND THE PER PUPIL ALLOCATION FOR CAPITAL PROJECTS TO ANY OTHER SCHOOL DISTRICT IN CHEROKEE COUNTY, SO AS TO REQUIRE A PRO RATA REFUND OF PROPERTY TAXES FOR BONDED INDEBTEDNESS FOR SCHOOLS FROM EXCESS SALES AND USE TAX COLLECTED FOR THIS PURPOSE IN THE FOLLOWING YEAR IN THE FORM OF A CREDIT AGAINST PROPERTY TAX, TO PROVIDE THE METHOD OF CALCULATING THE CREDIT, TO PROVIDE FOR A DIRECT REFUND WHEN NO CREDIT CAN BE APPLIED, AND TO PROVIDE A MINIMUM TEN DOLLAR REBATE OR REFUND.

(R293) S. 964 (Word version) -- Senator Washington: AN ACT TO AMEND ACT 278 OF 1985, RELATING TO THE JASPER COUNTY BOARD OF EDUCATION, SO AS TO ESTABLISH SINGLE MEMBER DISTRICTS, TO PROVIDE FOR ELECTIONS, AND TO PROVIDE FOR PRECLEARANCE SUBMISSION OF ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE.

(R294) S. 972 (Word version) -- Senators Bryan, Russell, Reese, Courtney, Lander, Peeler and Short: AN ACT TO AMEND CHAPTER 13, TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 23 SO AS TO CREATE THE ENOREE RIVER GREENWAY COMMISSION AND PROVIDE FOR ITS POWERS AND DUTIES.

(R295) S. 1031 (Word version) -- Senators Martin, Alexander, Bryan and Waldrep: AN ACT TO PROVIDE THAT FOR THE 1997-98 AND 1998-99 SCHOOL YEARS ONLY, GRADUATING SENIORS FROM HIGH SCHOOL WHO HAVE COMPLETED TWENTY-TWO UNITS OF CREDIT SHALL BE GRANTED A WAIVER FROM THE NEW COMPUTER SCIENCE UNIT OR THE FOURTH MATHEMATICS UNIT, OR BOTH, REQUIRED FOR A STAR DIPLOMA, PROVIDED ALL OTHER REQUIREMENTS ARE MET; AND TO AMEND SECTION 59-39-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STAR DIPLOMAS AND THE REQUIREMENTS FOR A STAR DIPLOMA, SO AS TO PROVIDE THAT HONORS COURSES SHALL BE INCLUDED, ALONG WITH ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE COURSES, IN THOSE COURSES WHERE GRADE POINT AVERAGES ARE ADJUSTED TO REFLECT GREATER DIFFICULTY.

(R296) S. 1037 (Word version) -- Senator Alexander: AN ACT TO AMEND SECTION 7-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN OCONEE COUNTY, SO AS TO REDESIGNATE THE PRECINCTS, DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED, AND PROVIDE THAT THE POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE REGISTRATION AND ELECTIONS COMMISSION FOR OCONEE COUNTY.

(R297) S. 1063 (Word version) -- Senators Martin and Alexander: AN ACT TO PROVIDE FOR AN ADVISORY ELECTION AMONG PICKENS COUNTY VETERANS TO NOMINATE A CANDIDATE TO THE PICKENS COUNTY LEGISLATIVE DELEGATION FOR RECOMMENDATION TO THE STATE DIRECTOR OF VETERANS AFFAIRS FOR APPOINTMENT AS PICKENS COUNTY VETERANS AFFAIRS OFFICER.

(R298) S. 1072 (Word version) -- Senators Patterson, Giese, Courson and Jackson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF DECEMBER 16, 1997, MISSED BY THE STUDENTS OF OLYMPIA SCHOOL OF RICHLAND COUNTY SCHOOL DISTRICT ONE WHEN THE SCHOOL WAS CLOSED DUE TO A FIRE AND EXPLOSION AT LINDAU CHEMICAL COMPANY IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(R299) S. 1073 (Word version) -- Senators Patterson, Giese, Courson and Jackson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF OCTOBER 29, 1997, MISSED BY THE STUDENTS OF WEBBER SCHOOL OF RICHLAND COUNTY SCHOOL DISTRICT ONE WHEN THE SCHOOL WAS CLOSED DUE TO A RUPTURED SEWER LINE AND THE ABSENCE OF RUNNING WATER IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(R300) S. 1085 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO NONGAME AND ENDANGERED SPECIES: RED-COCKADED WOODPECKERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2251, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R301) S. 1104 (Word version) -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION RELATING TO BOLL WEEVIL ERADICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2254, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R302) S. 1109 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SUMMER PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2225, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R303) S. 1123 (Word version) -- Senators Wilson, Hayes, Leventis, J. Verne Smith, Giese, Branton and Lander: AN ACT TO AMEND SECTION 25-1-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE ADJUTANT GENERAL, SO AS TO ALLOW THE ADJUTANT GENERAL TO ORDER A MEMBER OF THE NATIONAL GUARD OR STATE GUARD TO ACTIVE DUTY FOR NOT MORE THAN FIFTEEN DAYS SUBJECT TO THE CONSENT OF THE GOVERNOR AND THE GUARD MEMBER.

(R304) S. 1127 (Word version) -- Senators Martin, Alexander, Fair, Waldrep, Thomas, J. Verne Smith, Ryberg, Wilson, Anderson, Hutto, Grooms, Courson, Branton, Giese and Mescher: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 6-7-15 AND 6-29-715 SO AS TO PROHIBIT A ZONING ORDINANCE OF A MUNICIPALITY OR COUNTY FROM PROHIBITING CHURCH-RELATED ACTIVITIES IN A SINGLE-FAMILY RESIDENCE.

(R305) H. 3421 (Word version) -- Rep. Davenport: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-567 SO AS TO CREATE A MISDEMEANOR FOR KNOWINGLY MAKING A FALSE REPORT OF ABUSE OR NEGLECT AND TO PROVIDE PENALTIES.

(R306) H. 3470 (Word version) -- Reps. Kirsh, Edge, Barfield, Meacham and Simrill: AN ACT TO AMEND CHAPTER 18, TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE, SO AS TO CHANGE THE TERM "COMMISSIONER" TO "DIRECTOR", TO CONFORM THE NAME OF THE DEPARTMENT OF LABOR TO THE GOVERNMENT RESTRUCTURING ACT OF 1993, AND TO PROVIDE THAT THIS CHAPTER DOES NOT APPLY TO AIR-SUPPORTED STRUCTURES.

(R307) H. 3601 (Word version) -- Rep. Boan: AN ACT TO AMEND SECTION 59-53-57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN FUNDING FOR THE SOUTH CAROLINA TECHNICAL EDUCATION SYSTEM AND THE PRIVATE JOB TRAINING REVIEW COMMITTEE WHICH PROVIDES ADVICE ON THE UTILIZATION OF SHORT-TERM ADULT FUNDING, SO AS TO DELETE SUCH COMMITTEE AND CORRESPONDING REFERENCES THERETO.

(R308) H. 3908 (Word version) -- Reps. Seithel, Breeland, Dantzler, Altman, Campsen, Harrell, Chellis, Inabinett, Limehouse, Whatley, Young-Brickell, Lloyd, Robinson and Clyburn: AN ACT TO AMEND SECTION 12-51-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR EXECUTION, LEVY, NOTICE, AND SEIZURE AND SALE IN INSTANCES OF DELINQUENT COUNTY TAXES, SO AS TO CLARIFY THE MEANING OF "BEST ADDRESS", TO SPECIFY "RESTRICTED DELIVERY" OF CERTIFIED MAILED NOTICES, AND TO REQUIRE NOTICE TO THE CURRENT OWNER OF RECORD; TO AMEND SECTION 12-51-60, AS AMENDED, RELATING TO PAYMENT BY SUCCESSFUL BIDDER AND DISPOSITION OF PROCEEDS, SO AS TO REQUIRE NOTICE TO THE CURRENT OWNER OF RECORD OF THE PROPERTY; TO AMEND SECTION 12-51-100, RELATING TO REDEMPTION AND REFUND OF PURCHASE PRICE, SO AS TO CONFORM IT TO SECTION 12-51-90; TO AMEND SECTION 12-21-4020, RELATING TO CLASSES OF BINGO, SO AS TO ADD CLASS F REFERRING TO A LICENSEE WHOSE GAME IS STRICTLY FOR CHARITABLE PURPOSES AND RUN BY VOLUNTEERS AND MEETS CERTAIN OTHER REQUIREMENTS AS TO GROSS PROCEEDS, PRIZES, AND NUMBER OF GAMES; TO AMEND SECTION 12-21-4030, RELATING TO ENTRANCE FEES TO BINGO SESSIONS, SO AS TO ALLOW CLASS F LICENSEES TO CHARGE A THREE DOLLAR FEE AND TO EXEMPT ENTRANCE FEES FROM CONSIDERATION AS INCOME FOR PURPOSES OF TAXES OR PRIZE LIMITATIONS; TO AMEND SECTION 12-21-4190, RELATING TO BINGO CARD CHARGES, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO COLLECT FIVE CENTS FOR EACH DOLLAR OF FACE VALUE FOR A CARD SOLD FOR A CLASS F LICENSEE, TO EXEMPT CLASS C LICENSES FROM THIS CHARGE, AND TO PROVIDE THAT ALL REVENUE FROM BINGO CARD CHARGES ON CLASS F LICENSEES BE DISTRIBUTED PURSUANT TO SECTION 12-21-4200; AND TO PROVIDE VARIOUS EFFECTIVE DATES.

(R309) H. 4039 (Word version) -- Rep. Sharpe: AN ACT TO AMEND SECTION 49-29-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCENIC RIVERS TRUST FUND, SO AS TO EXTEND THE AUTHORIZED USE OF THESE TRUST FUNDS TO EDUCATIONAL OR PLANNING PROJECTS ASSOCIATED WITH THE ADMINISTRATION AND MANAGEMENT OF THE STATE SCENIC RIVERS PROGRAM.

(R310) H. 4358 (Word version) -- Reps. Loftis, J. Brown, Leach, Robinson, Stille, Vaughn and Cato: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-770 SO AS TO AUTHORIZE LICENSED PRACTICAL NURSES TO PROVIDE CERTAIN NURSING SERVICES IN RESIDENTIAL SETTINGS, PUBLIC SCHOOLS, AND DEPARTMENT OF JUVENILE JUSTICE AND DEPARTMENT OF CORRECTIONS FACILITIES AND INSTITUTIONS WITHOUT THE ON-SITE SUPERVISION OF A NURSE, DOCTOR, OR DENTIST IF CERTAIN PROCEDURES ARE FOLLOWED.

(R311) H. 4400 (Word version) -- Rep. D. Smith: AN ACT TO AMEND ACT 321 OF 1969, RELATING TO THE CREATION OF THE DRAYTON FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT THE BOARD OF FIRE CONTROL MAY BORROW FROM TWENTY THOUSAND DOLLARS TO FIVE HUNDRED THOUSAND DOLLARS.

(R312) H. 4402 (Word version) -- Rep. Kirsh: AN ACT TO AMEND SECTION 50-11-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO ADD TO THE AREA IN YORK COUNTY.

(R313) H. 4449 (Word version) -- Reps. Cooper, Townsend, Martin, Jordan, Maddox and Stille: AN ACT TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

(R314) H. 4540 (Word version) -- Reps. Loftis and Leach: AN ACT TO AMEND ACT 1027 OF 1970, RELATING TO THE CREATION OF THE DUNCAN CHAPEL FIRE DISTRICT IN GREENVILLE COUNTY, SO AS TO PROVIDE FOR THE FILLING OF VACANCIES FOR MEMBERS OF THE GOVERNING BODY OF THE DISTRICT.

(R315) H. 4574 (Word version) -- Reps. Limehouse, Campsen, Mack, Breeland, Whatley and Altman: AN ACT TO AMEND ACT 1235 OF 1970, AS AMENDED, RELATING TO THE CHARLESTON COUNTY AIRPORT DISTRICT AND ITS GOVERNING BOARD, SO AS TO ADD THE MAYOR OF MOUNT PLEASANT, EX OFFICIO, TO THE GOVERNING BOARD OF THE DISTRICT.

(R316) H. 4591 (Word version) -- Reps. Spearman, McAbee and Clyburn: AN ACT TO AMEND ACT 1139 OF 1968, RELATING TO THE SCHOOL BOARD OF TRUSTEES IN SALUDA COUNTY, SO AS TO DELETE A PROVISION WHICH REQUIRES THE SCHOOL BUDGET AND TAX LEVY TO BE SUBJECT TO THE APPROVAL OF A MAJORITY OF THE COUNTY COMMISSIONERS RESIDING IN SCHOOL DISTRICT NO. 1.

(R317) H. 4630 (Word version) -- Reps. Fleming and Wilder: AN ACT TO AMEND ACT 951 OF 1970, AS AMENDED, RELATING TO THE SOUTH SIDE FIRE DISTRICT IN UNION COUNTY, SO AS TO INCREASE ITS BORROWING AUTHORITY FROM TWENTY THOUSAND DOLLARS TO TWO HUNDRED FIFTY THOUSAND DOLLARS.

(R318) H. 4637 (Word version) -- Reps. Fleming and Wilder: AN ACT TO AMEND ACT 482 OF 1969, AS AMENDED, RELATING TO THE JONESVILLE FIRE DISTRICT IN UNION COUNTY, SO AS TO INCREASE ITS BORROWING AUTHORITY FROM SEVENTY-FIVE THOUSAND DOLLARS TO FIVE HUNDRED THOUSAND DOLLARS.

(R319) H. 4648 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOUTH CAROLINA CENTRAL CANCER REGISTRY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2262, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R320) H. 4656 (Word version) -- Reps. Breeland, Seithel, Chellis, Harrell, Campsen, Altman, Whipper, Limehouse, Dantzler, Inabinett, Whatley and Mack: AN ACT TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

(R321) H. 4725 (Word version) -- Reps. Cato and Vaughn: A JOINT RESOLUTION TO PROVIDE FOR DISBURSEMENT OF EXCESS FUNDS COLLECTED BY THE UPPER GREENVILLE COUNTY HOSPITAL DISTRICT BY WAY OF GENERAL OBLIGATION BONDS AUTHORIZED BY ACT 744 OF 1967 AND ACT 1533 OF 1968 UPON HOLDING OF A PUBLIC HEARING AND APPROVAL OF THE DISBURSEMENT PLAN BY THE GREENVILLE COUNTY LEGISLATIVE DELEGATION.

(R322) H. 4745 (Word version) -- Reps. R. Smith, Beck, Mason, Clyburn and Sharpe: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON OCTOBER 22, 1997, BY THE STUDENTS OF MIDLAND VALLEY HIGH SCHOOL OF AIKEN COUNTY WHEN THE SCHOOL WAS CLOSED BECAUSE OF A MAJOR BREAKDOWN OF AN ELECTRICAL TRUNK FEEDER LINE INTO THE SCHOOL IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN PROVIDING THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(R323) H. 4768 (Word version) -- Reps. Hinson, H. Brown, Law, Gourdine and Dantzler: AN ACT TO REPEAL ACT 159 OF 1995, RELATING TO THE DEVOLUTION OF APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING BERKELEY COUNTY TO THE GOVERNING BODY OF BERKELEY COUNTY AND PROVIDE THAT ALL APPOINTMENTS PREVIOUSLY MADE PURSUANT TO THE AUTHORITY CONFERRED PURSUANT TO THE PROVISIONS OF ACT 159 OF 1995 SHALL CONTINUE UNTIL THE EXPIRATION OF THE TERMS FOR WHICH THEY WERE APPOINTED OR A VACANCY OCCURS.

(R324) H. 4782 (Word version) -- Reps. Baxley, Neilson and J. Hines: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 4, 1998, BY THE STUDENTS OF WASHINGTON STREET ELEMENTARY SCHOOL IN DARLINGTON COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO THE SEWAGE SYSTEM MALFUNCTIONING IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN FOR FULL SCHOOL DAYS MISSED.

(R325) H. 4806 (Word version) -- Reps. McLeod and Wilder: AN ACT TO PROVIDE THAT THE MEMBERS OF THE NEWBERRY COUNTY BOARD OF EDUCATION MUST BE ELECTED IN NONPARTISAN ELECTIONS FROM SINGLE-MEMBER ELECTION DISTRICTS TO BE HELD AT THE SAME TIME AS THE GENERAL ELECTION, BEGINNING IN 1998, TO REQUIRE THE COUNTY ELECTION COMMISSION TO CONDUCT THE ELECTIONS, TO PROVIDE FOR THE APPLICABILITY OF CERTAIN NONPARTISAN ELECTION PROCEDURES, TO REQUIRE BOARD MEMBER COMPENSATION TO BE INCLUDED AS A SPECIFIC SECTION IN THE BUDGET AND REQUIRING TWO READINGS OF THE SECTION, AND TO PROVIDE FOR REGULAR MEETINGS OF THE BOARD; AND TO REPEAL ACT 284 OF 1985 RELATING TO THE COMPOSITION AND ELECTION OF THE NEWBERRY COUNTY BOARD OF EDUCATION.

ACTING PRESIDENT PRESIDES

Senator DRUMMOND assumed the Chair at 1:02 P.M.

DEBATE INTERRUPTED

S. 947 (Word version) -- Senators Ryberg, Hayes, Gregory, Drummond, Holland, J. Verne Smith, Leatherman, Bryan, Courson, Giese, Thomas, Wilson, Russell, McGill, O'Dell, Reese, Lander, Martin, Waldrep, Alexander, Fair, Grooms and Anderson: A BILL TO AMEND SECTIONS 12-21-2710, AS AMENDED, 12-21-2712, 12-21-2720, AS AMENDED, AND 12-21-2726, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COIN-OPERATED MACHINES OR DEVICES, SO AS TO EXTEND THE PROHIBITION ON SLOT MACHINES AND OTHER MACHINES OR DEVICES PERTAINING TO GAMES OF CHANCE TO VIDEO GAMES WITH A FREE PLAY FEATURE OR ANY OTHER COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING, TO EXTEND THE SEIZURE AND DESTRUCTION PROVISIONS APPLICABLE TO GAMES OF CHANCE TO THESE EXPANDED PROHIBITIONS, TO CONFORM EXISTING LICENSING REQUIREMENTS FOR COIN-OPERATED MACHINES AND DEVICES TO THESE EXPANDED PROHIBITIONS AND TO DELETE REFERENCES TO PROVISIONS OF LAW REPEALED BY THIS SECTION; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO DELETE THE OFFENSE OF OPERATING AN UNMETERED VIDEO GAME WITH A FREE PLAY FEATURE; TO AMEND SECTIONS 16-19-40 AND 16-19-50, RELATING TO THE OFFENSE OF GAMBLING, SO AS TO EXTEND THESE OFFENSES SPECIFICALLY TO PLAYING OR MAINTAINING ANY LICENSED COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING PURPOSES; TO PROVIDE FOR A ONE-YEAR LICENSE PERIOD FOR VIDEO GAMES WITH A FREE PLAY FEATURE FOR LICENSES ISSUED FOR A PERIOD BEGINNING AFTER MAY 31, 1998, AT A FEE OF FOUR THOUSAND DOLLARS; AND TO REPEAL SECTIONS 12-21-2703, 16-19-60, AND ARTICLE 20, CHAPTER 21 OF TITLE 12, RELATING RESPECTIVELY TO THE RETAIL LICENSE REQUIREMENT FOR A LOCATION WITH VIDEO GAMES WITH A FREE PLAY FEATURE, THE EXEMPTION OF VIDEO GAMES WITH A FREE PLAY FEATURE FROM THE GAMBLING OFFENSES, AND THE VIDEO GAMES MACHINES ACT.

The Senate resumed consideration of the Bill, the question being the second reading of the Bill.

Senator PASSAILAIGUE argued contra to the Bill.

Point of Quorum

At 2:23 P.M., Senator PATTERSON made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

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

Alexander                 Anderson                  Branton
Bryan                     Cork                      Courson
Drummond                  Elliott                   Ford
Giese                     Glover                    Gregory
Grooms                    Hayes                     Holland
Hutto                     Land                      Lander
Leatherman                Leventis                  Martin
Matthews                  McConnell                 Mescher
Moore                     Passailaigue              Patterson
Peeler                    Rankin                    Ravenel
Reese                     Russell                   Ryberg
Setzler                   Short                     Smith, J. Verne
Thomas                    Washington                Wilson

A quorum being present, the Senate resumed.

Motion Adopted

On motion of Senator GREGORY, with unanimous consent, Senators GREGORY, HUTTO, BRANTON, CORK and RAVENEL were granted leave to attend a meeting of a subcommittee of the Committee on Fish, Game and Forestry and be counted in any quorum calls.

Motion Adopted

On motion of Senator MOORE, with unanimous consent, Senators MOORE, MESCHER, GLOVER and CORK were granted leave to attend a meeting of a subcommittee of the Committee on Judiciary and be counted in any quorum calls.

Motion Adopted

On motion of Senator J. VERNE SMITH, with unanimous consent, Senators J. VERNE SMITH, GIESE, O'DELL, LEATHERMAN and MATTHEWS were granted leave to attend a meeting of a subcommittee of the Committee on Finance and be counted in any quorum calls.

Objection

Senator LAND asked unanimous consent to make a motion that the Committee on Transportation be granted leave to meet at its regularly scheduled meeting time this afternoon.
Senator RYBERG objected.

Senator PASSAILAIGUE argued contra to the Bill.

ACTING PRESIDENT PRESIDES

Senator SETZLER assumed the Chair at 2:38 P.M.

Senator PASSAILAIGUE argued contra to the Bill.

Motion Adopted

On motion of Senator LAND, with unanimous consent, the members of the Committee on Transportation were granted leave to attend a meeting of the committee and be counted in any quorum calls.

Senator PASSAILAIGUE continued arguing contra to the Bill.

Point of Quorum

At 3:58 P.M., Senator COURTNEY made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator BRANTON moved that the Senate stand adjourned.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 18; Nays 20

AYES

Branton                   Cork                      Courtney
Elliott                   Glover                    Hutto
Jackson                   Land                      Leventis
Matthews                  McConnell                 Mescher
Moore                     Passailaigue              Patterson
Peeler                    Saleeby                   Washington

Total--18

NAYS

Alexander                 Anderson                  Bryan
Courson                   Fair                      Giese
Gregory                   Grooms                    Hayes
Lander                    Leatherman                Martin
Rankin                    Russell                   Ryberg
Setzler                   Short                     Smith, J. Verne
Thomas                    Wilson                    

Total--20

The Senate refused to adjourn.

Senator PASSAILAIGUE argued contra to the Bill.

Point of Quorum

At 4:15 P.M., Senator PATTERSON made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

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

Alexander                 Anderson                  Branton
Bryan                     Cork                      Courson
Courtney                  Drummond                  Elliott
Fair                      Giese                     Glover
Gregory                   Grooms                    Hayes
Holland                   Hutto                     Jackson
Land                      Leatherman                Leventis
Martin                    Matthews                  McConnell
Mescher                   Moore                     Passailaigue
Patterson                 Peeler                    Rankin
Russell                   Ryberg                    Setzler
Short                     Smith, J. Verne           Thomas
Washington                Wilson                    

A quorum being present, the Senate resumed.

Senator PASSAILAIGUE continued arguing contra to the Bill.

Motion Adopted

On motion of Senator BRYAN, with unanimous consent, Senators BRYAN, MARTIN, RUSSELL, RANKIN and JACKSON were granted leave to attend a subcommittee meeting and be counted in any quorum calls.

Senator PASSAILAIGUE argued contra to the Bill.

ACTING PRESIDENT PRESIDES

Senator MOORE assumed the Chair at 4:45 P.M.

Senator PASSAILAIGUE argued contra to the Bill.

On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by adjournment with Senator PASSAILAIGUE retaining the floor.

STATEWIDE APPOINTMENT
Confirmation

Having received a favorable report from the Committee on Education, on motion of Senator SETZLER, the following appointment was confirmed in open session:

Initial Appointment, Commission on Higher Education, with term to commence July 1, 1998, and to expire July 1, 2000:
Ex Officio - Research Institution:
Mr. Lawrence M. Gressette, Jr., 40 Avian Trail, Columbia, S.C. 29206 VICE C. Edward Floyd

MOTION ADOPTED

On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Dr. William Long of Rock Hill, S.C.

ADJOURNMENT

At 5:00 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 10:42 A.M.