Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, the name Isaiah means "The Lord (Yahweh) gives salvation." Hear God speaking to Judah, Chapter 1 (vv. 5-6):
"Ah, sinful nation,
a people laden with iniquity! ...
The whole head is sick, and the whole heart faint.
From the sole of the foot, even to the head,
there is no soundness in it,
But bruises and sores and bleeding wounds; --"
Let us pray.
Good Lord, we remember also that General Douglas McArthur on the Battleship in Tokyo Bay at the surrender of Japan at the end of World War II said:
"The world's problems are not political, nor social, nor economic... but theological!"
Help us, and Your children around the world, heed the Prophet Isaiah and General McArthur in bringing in Your Kingdom!
Amen.

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

At 11:03 A.M., on motion of Senator GIESE, the Senate receded from business pending the presence of a quorum.
A quorum being present at 11:10 A.M., the Senate resumed.

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

November 12, 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, State Board of Social Work Examiners, with term to commence November 27, 1998, and to expire November 27, 2002:
Master:
Ms. Karen P. Rembert, Post Office Box 20068, Charleston, S.C. 29413-0068

Referred to the Committee on Labor, Commerce and Industry.

November 20, 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, Drycleaning Advisory Council, with term to commence July 1, 1995, and to expire June 30, 1998:
Dryclean Ind.:
Mr. Coleman L. Young, Jr., C.L.Y., Inc., Post Office Box 2234, Spartanburg, S.C. 29304

Referred to the Committee on Medical Affairs.

December 4, 1997
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Reappointment, Drycleaning Advisory Council, with term to commence June 30, 1998, and to expire June 30, 2000:
Dryclean Ind.:
Mr. Coleman L. Young, Jr., C.L.Y., Inc., Post Office Box 2234, Spartanburg, S.C. 29304

Referred to the Committee on Medical Affairs.

January 27, 1998
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, Thirteenth Judicial Circuit Solicitor, with term to commence January 11, 1995, and to expire January 13, 1999:
Honorable Robert M. Ariail, 54 Forest Lane, Greenville, S.C. 29605 VICE Joseph J. Watson (resigned)

January 28, 1998
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Initial Appointment, Richland County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Mr. Golie S. Augustus, Post Office Box 4181, Columbia, S.C. 29240 VICE Walter Jones (resigned)

Senator LEATHERMAN introduced Dr. William Boulware of Florence, S.C., Doctor of the Day.

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

The following were introduced:

S. 965 -- Senator Ford: A CONCURRENT RESOLUTION TO RECOGNIZE THE RIGHT REVEREND JOHN HURST ADAMS, PRESIDING BISHOP OF THE SEVENTH EPISCOPAL DISTRICT OF THE AFRICAN METHODIST EPISCOPAL CHURCH, ON THE OCCASION OF "BISHOP ADAMS APPRECIATION WEEK" BEGINNING ON FRIDAY, FEBRUARY 6, 1998, AT THE MARRIOTT HOTEL IN CHARLESTON.
The Concurrent Resolution was adopted, ordered sent to the House.

S. 966 -- Senators Peeler, Hayes and Leatherman: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMESTEAD EXEMPTION FOR TAXPAYERS OVER AGE SIXTY-FIVE, TOTALLY AND PERMANENTLY DISABLED OR LEGALLY BLIND, SO AS TO RAISE THE EXEMPTION FROM TWENTY TO FIFTY THOUSAND DOLLARS AND TO DELETE AN OBSOLETE PROVISION.
Read the first time and referred to the Committee on Finance.

S. 967 -- Senators Fair, Hayes, Thomas, Wilson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-312 SO AS TO PROVIDE DEFINITIONS, REGULATIONS, AND PENALTIES RELATING TO ADULT BUSINESS ESTABLISHMENTS.
Read the first time and referred to the Committee on Judiciary.

S. 968 -- Senators Giese, Wilson, Waldrep and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-90 SO AS TO REQUIRE REFERENDUMS ON THE QUESTION OF RAISING THE BONDED INDEBTEDNESS LIMITS OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS TO BE HELD AT THE GENERAL ELECTION.
Senator GIESE spoke on the Bill.

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

S. 969 -- Senator Holland: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURES, BY ADDING CHAPTER 30, SO AS TO ENACT THE "SEXUALLY VIOLENT PREDATOR ACT" AND TO ESTABLISH PROCEDURES FOR DETERMINING IF A PERSON IS A SEXUALLY VIOLENT PREDATOR; TO PROVIDE FOR THE RIGHTS OF THESE PERSONS IN THIS PROCESS; AND TO AUTHORIZE THE COMMITMENT OF THE PERSON TO THE DEPARTMENT OF MENTAL HEALTH UPON ANTICIPATION OF RELEASE FROM INCARCERATION AND UNTIL THE PERSON IS SAFE TO BE AT LARGE.
Read the first time and referred to the Committee on Judiciary.

S. 970 -- Senators Fair, Ryberg, Branton, Ravenel, Courtney, Wilson, Martin, Russell and Grooms: A BILL TO ENACT THE "SOUTH CAROLINA TRUTH IN EMPLOYMENT ACT OF 1998" BY ADDING SECTION 41-7-35 SO AS TO PROVIDE THAT AN EMPLOYER SHALL NOT BE REQUIRED TO EMPLOY ANY PERSON WHO SEEKS OR HAS SOUGHT EMPLOYMENT WITH THE EMPLOYER IN FURTHERANCE OF OTHER EMPLOYMENT OR AGENCY STATUS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 971 -- Senator McConnell: A BILL TO REPEAL ARTICLE 25, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDICAL UNIVERSITY OF SOUTH CAROLINA (MUSC) SELLING AND LEASING CERTAIN ASSETS AND TO REPEAL SECTIONS 1 THROUGH 11 OF ACT 390 OF 1996 RELATING TO THE IMPLEMENTATION OF THE SALE AND LEASE OF THESE MUSC ASSETS.
Read the first time and referred to the Committee on Medical Affairs.

S. 972 -- Senators Bryan, Russell, Reese, Courtney and Lander: A BILL 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.
Senator BRYAN spoke on the Bill.

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

H. 4399 -- Reps. Wilkins, Townsend, Harrell, Haskins, Allison, J. Hines, Hinson, D. Smith, R. Smith, Stuart, Walker, Limehouse, Maddox, Spearman, Vaughn, G. Brown, Battle, Whatley, Barfield, Barrett, Young-Brickell, Bailey, Meacham, Neilson, Rice, Bauer, McCraw, Martin, Chellis, Rodgers, Delleney, Littlejohn, Stille, Stoddard, Cato, J. Brown, Law, Cotty, Witherspoon, Kinon, Knotts, Rhoad, Riser, Mason, Dantzler, Edge, McKay, Sandifer, Davenport, McGee, Gamble, McMaster, Felder, Byrd, Lanford, Miller, Phillips, Koon, McMahand, Kirsh, Quinn, Wilkes, Cromer, Cooper, Wilder, Harvin, Harrison, H. Brown, Sharpe, Woodrum, Beck and T. Brown: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 8 SO AS TO ENACT THE "SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY STANDARDS FOR SCHOOLS (PASS) ACT" INCLUDING PROVISIONS TO ESTABLISH A PASS COMMISSION AND PROVIDE FOR ITS FUNCTIONS AND DUTIES, TO REQUIRE THE ADOPTION OF CERTAIN STATE EDUCATION STANDARDS BY THE STATE BOARD OF EDUCATION, AND CREATE AN ASSESSMENT SYSTEM TO MONITOR THE ATTAINMENT OF THESE STANDARDS, TO PROVIDE FOR ANNUAL REPORT CARDS, PERFORMANCE INDICATORS AND AWARDS FOR SCHOOLS, TO PROVIDE ASSISTANCE FOR POORLY PERFORMING SCHOOLS, AND TO PROVIDE A STATE-FUNDED PROGRAM OF INCENTIVES FOR PRINCIPALS AND TEACHERS AND FOR THEIR PROFESSIONAL DEVELOPMENT; AND TO REPEAL CHAPTER 6 OF TITLE 59 RELATING TO MONITORING IMPLEMENTATION OF THE EDUCATION IMPROVEMENT PROGRAM.
Read the first time and referred to the Committee on Education.

H. 4402 -- Rep. Kirsh: A BILL 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.
Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 4515 -- Rep. Bowers: A CONCURRENT RESOLUTION SALUTING SAND HILL BAPTIST CHURCH OF HAMPTON COUNTY ON THE HAPPY OCCASION OF THE CHURCH'S ONE HUNDRED FIFTIETH ANNIVERSARY.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4516 -- Reps. Hamilton, Leach, Easterday, Wilkins, Tripp, Rice, Vaughn, Haskins, Loftis, Cato, F. Smith and McMahand: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE REVEREND JIM H. CONLEY OF GREENVILLE AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY, CONGREGATION, AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4517 -- Reps. Hawkins, Lanford, Littlejohn, Davenport, Allison, Walker, Lee and D. Smith: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF THE HONORABLE JOHN C. WILLIAMS OF SPARTANBURG, FORMER MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4518 -- Reps. Young, Woodrum, G. Brown, Barfield, Neal, Harvin and Canty: A CONCURRENT RESOLUTION COMMENDING RAYMOND C. BARWICK OF SUMTER COUNTY FOR HIS LIFETIME OF SERVICE TO OTHERS.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4519 -- Rep. Boan: A CONCURRENT RESOLUTION RECOGNIZING AND SALUTING EUGENE HEATH OF LANCASTER COUNTY FOR HIS OUTSTANDING ACCOMPLISHMENTS IN AGRICULTURE AND CONSERVATION AND FOR HIS DEDICATED SERVICE TO HIS COMMUNITY.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4521 -- Reps. G. Brown, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, 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, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION EXTENDING THE SINCERE BEST WISHES OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MR. DRINK "BLUES DOCTOR" SMALL, A NATIVE OF BISHOPVILLE, ON THE OCCASION OF HIS SIXTY-FIFTH BIRTHDAY.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4532 -- Reps. Pinckney, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION RECOGNIZING THE RIGHT REVEREND JOHN HURST ADAMS, SENIOR BISHOP OF THE AFRICAN METHODIST EPISCOPAL CHURCH, AND CELEBRATING HIS TWENTY-FIVE YEARS OF EPISCOPAL LEADERSHIP AND FIFTY YEARS OF MINISTRY.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4536 -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, FEBRUARY 11, 1998.
Introduced and referred to the Committee on Invitations.

H. 4537 -- Reps. Govan, Cobb-Hunter, Felder, Sharpe and Stuart: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE SOUTH CAROLINA STATE UNIVERSITY "BULL DOGS" FOOTBALL TEAM ON AN OUTSTANDING 1997 SEASON AND TO RECOGNIZE HEAD COACH WILLIE JEFFRIES, HIS ASSISTANT COACHES, AND STAFF MEMBERS FOR CONTINUING A TRADITION OF EXCELLENCE.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4539 -- Reps. Breeland, Bailey, Baxley, Boan, Byrd, Campsen, Cave, Clyburn, Gourdine, Govan, A. Harris, Harvin, J. Hines, M. Hines, Hinson, Howard, Kennedy, Lanford, Littlejohn, Lloyd, Mack, Martin, McCraw, Moody-Lawrence, Rhoad, Rodgers, Sheheen, J. Smith, Stille, Stuart, Whatley, Wilder, Whipper, McLeod, Inabinett, Limehouse, Pinckney, Jordan, Harrell, F. Smith and McGee: A CONCURRENT RESOLUTION CONGRATULATING THE SOUTH CAROLINA AREA HEALTH EDUCATION CONSORTIUM (S.C. AHEC) ON ITS TWENTY-FIFTH ANNIVERSARY AND COMMENDING S.C. AHEC FOR EXCELLENCE IN HEALTH CARE THROUGH EDUCATION.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4550 -- Reps. Wilder, Carnell and Stoddard: A CONCURRENT RESOLUTION RECOGNIZING AND SALUTING BILL RHODES FOR HIS DEDICATED SERVICE TO THE NATIONAL GUARD AND TO CLINTON HIGH SCHOOL AS AN EDUCATOR AND ATHLETIC COACH, AND EXTENDING BEST WISHES TO HIM FOLLOWING HIS RETIREMENT FROM TWO OF THOSE CAREERS.
The Concurrent Resolution was adopted, ordered returned to the House.

Columbia, S.C., January 13, 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. 3605 -- Reps. Sharpe and Harrison: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDIA OF PAYMENT OF TAXES COLLECTED BY COUNTY TREASURERS, SO AS TO PROVIDE FOR THE COLLECTION OF CHECKS TENDERED IN PAYMENT OF COUNTY AND MUNICIPAL TAXES THAT ARE DISHONORED BY THE DRAWEE BANK OR FINANCIAL INSTITUTION OR OTHERWISE RETURNED TO THE TREASURER UNPAID, TO PROVIDE THAT PAYMENT OF CHECKS TENDERED AS PAYMENT FOR COUNTY OR MUNICIPAL TAXES THAT ARE DISHONORED OR RETURNED UNPAID BY THE DRAWEE BANK OR FINANCIAL INSTITUTION MAY BE ENFORCED IN THE MANNER PRESCRIBED BY CHAPTER 11, TITLE 34, SO LONG AS NO PERSON SHALL BE TWICE PUT IN JEOPARDY FOR THE SAME OFFENSE, TO PROVIDE THAT COUNTY OR MUNICIPAL TAXES REMAINING UNPAID AS A RESULT OF THE DISHONOR OR RETURN OF A CHECK BY THE DRAWEE BANK REMAIN A LIEN ON PROPERTY SUBJECT TO THE TAX UNTIL THE TAXES AND ALL PENALTIES, INTEREST AND OTHER CHARGES DUE THEREON ARE PAID IN FULL, AND TO PROVIDE THAT THE REMEDIES PROVIDED BY THIS SECTION ARE CUMULATIVE TO ALL OTHER REMEDIES PROVIDED BY LAW FOR THE COLLECTION OF TAXES.
Very respectfully,
Speaker of the House

On motion of Senator PASSAILAIGUE, the Senate insisted upon its amendments to H. 3605 and asked for a Committee of Conference.

Whereupon, the PRESIDENT Pro Tempore appointed Senators PASSAILAIGUE, SETZLER and HAYES of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

S. 924 -- Senators Matthews and Hutto: A BILL TO AMEND ACT 526 OF 1996, RELATING TO THE CONSOLIDATION OF THE SCHOOL DISTRICTS OF ORANGEBURG COUNTY, SO AS TO PROVIDE FOR CERTAIN PROCEDURAL REQUIREMENTS WHICH MUST BE MET BEFORE SCHOOLS MAY BE CLOSED BY THE BOARD OF TRUSTEES OF A CONSOLIDATED DISTRICT.
The House returned the Bill with amendments.

On motion of Senator HUTTO, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

S. 769 -- Senator Moore: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A SECTION OF STATE HIGHWAY 7 IN MCCORMICK COUNTY AS THE "DON R. SAGGUS, JR. MEMORIAL HIGHWAY" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.
Returned with concurrence.
Received as information.

S. 945 -- Senators Martin and Lander: A CONCURRENT RESOLUTION TO EXTEND SINCERE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO BRIGADIER GENERAL JERALD RAY HELGESON, UPON HIS RETIREMENT AS COMMANDER, SOUTH CAROLINA STATE GUARD, SECOND BRIGADE, ON JANUARY 31, 1998.
Returned with concurrence.
Received as information.

S. 954 -- Senator Setzler: A CONCURRENT RESOLUTION SALUTING JANICE WARREN OF GILBERT FOR HER OUTSTANDING WORK AS DIRECTOR OF THE OFFICE OF LEXINGTON COUNTY REGISTRATION AND ELECTIONS.
Returned with concurrence.
Received as information.

S. 955 -- Senator Peeler: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF LONGTIME CHEROKEE COUNTY SCHOOL BOARD MEMBER, J. ARTHUR "BUD" BRIDGES, JR., AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
Returned with concurrence.
Received as information.

S. 965 -- Senator Ford: A CONCURRENT RESOLUTION TO RECOGNIZE THE RIGHT REVEREND JOHN HURST ADAMS, PRESIDING BISHOP OF THE SEVENTH EPISCOPAL DISTRICT OF THE AFRICAN METHODIST EPISCOPAL CHURCH, ON THE OCCASION OF "BISHOP ADAMS APPRECIATION WEEK" BEGINNING ON FRIDAY, FEBRUARY 6, 1998, AT THE MARRIOTT HOTEL IN CHARLESTON.
Returned with concurrence.
Received as information.

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

The following Bill was read the third time and ordered returned to the House of Representatives:

H. 3590 -- Reps. Gourdine, Altman, Breeland, Harrell, Cobb-Hunter, Bailey, Inabinett, H. Brown, Hinson, Law, Govan, Chellis, Mack, Stuart, Lloyd, Dantzler, Seithel, Limehouse, Felder, Whatley, Battle, Young-Brickell and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-708 SO AS TO PROHIBIT IN GAME ZONE 6 THE USE OF ARTIFICIAL LIGHTS FROM ANY VEHICLE OR WATER CONVEYANCE FOR THE PURPOSE OF OBSERVING OR HARASSING WILDLIFE AND TO PROVIDE PENALTIES.

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

S. 388 -- Senator Mescher: A BILL TO AMEND ARTICLE 1, CHAPTER 13, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-237 SO AS TO ESTABLISH LIMITS ON BLACK BASS TAKEN FROM LAKES MARION AND MOULTRIE AND IN CERTAIN PORTIONS OF THE SANTEE RIVER; AND BY AMENDING SECTION 50-13-210 OF THE 1976 CODE, RELATING TO DAILY CREEL LIMITS ON FISH, SO AS TO CONFORM IT WITH LIMITS ON BLACK BASS FROM LAKES MARION AND MOULTRIE AND IN CERTAIN PORTIONS OF THE SANTEE RIVER.

S. 835 -- Senators Peeler and Reese: A BILL TO REPEAL SECTION 50-1-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR REPORTING OF HUNTING ACCIDENTS.

S. 290 -- Senator Anderson: A BILL TO AMEND SECTION 44-53-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE PROCEDURES, THE DISPOSITION OF FORFEITED ITEMS, AND THE DISPOSITION OF PROCEEDS OF SALES OF REAL OR PERSONAL PROPERTY CONFISCATED PURSUANT TO THE SEIZURE OF CONTROLLED SUBSTANCES, SO AS TO MODIFY THE DISTRIBUTION OF PROCEEDS FROM THE SALE OF PROPERTY FORFEITED, TO PROVIDE FOR THE COMPENSATION OF PERSONS PROVIDING INFORMATION LEADING TO THE FORFEITURE OF PROPERTY, AND TO PROVIDE FUNDS TO ESTABLISH AND OPERATE SUBSTANCE ABUSE FACILITIES.

Senator COURTNEY asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.

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

The Committee on Judiciary proposed the following amendment (JUD0290.003), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION   1.   Section 44-53-530(e) and (g) of the 1976 Code, as last amended by Act 333 of 1992, are further amended to read:
"(e)   All real Real or personal property, conveyances, and equipment of any value defined in Section 44-53-520, when reduced to proceeds, any cash more than one thousand dollars, any negotiable instruments, and any securities which are seized and forfeited must be disposed of as follows:
(1)   seventy-five fifty percent to the law enforcement agency or agencies;
(2)   twenty-five percent to the law enforcement agency or agencies to be given to private citizens who provide information that leads to an arrest and the forfeiture of property as defined in Section 44-53-520. A private citizen who has information regarding the possession, distribution, or trafficking of controlled substances may call his local law enforcement agency and need only identify himself by his social security number;
(2)(3)   twenty percent to the prosecuting agency; and
(3)(4)   five percent must be remitted to the remainder must be placed on deposit with the State Treasurer and deposited to the credit of the general fund of the State.
(g)   All forfeited Forfeited monies and proceeds from the sale of forfeited property as defined in Section 44-53-520 must be retained by the governing body of the local law enforcement agency or prosecution agency and deposited in a separate, special account in the name of each appropriate agency. These accounts may be drawn on and used only by the law enforcement agency or prosecution agency for which the account was established. For law enforcement agencies, the accounts must be used for drug enforcement activities, and for prosecution agencies, the accounts must be used in matters relating to the prosecution of drug offenses and litigation of drug-related matters.
These accounts must not be used to supplant operating funds in the current or future budgets. Expenditures from these accounts for an item that would be a recurring expense must be approved by the governing body before purchase or, in the case of a state law enforcement agency or prosecution agency, approved as provided by law.
In the case of a state law enforcement agency or state prosecution agency, monies, and proceeds must be remitted to placed on deposit with the State Treasurer who shall establish separate, special accounts as provided in this section for local agencies.
All expenditures from these accounts must be documented, and the documentation made available for audit purposes and upon request by a person under the provisions of Chapter 4 of Title 30, the Freedom of Information Act."
SECTION   2.   This act takes effect upon approval by the Governor./
Amend title to conform.

Senator COURTNEY explained the committee amendment.

The amendment was adopted.

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

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

S. 964 -- Senator Washington: A BILL TO AMEND ACT 278 OF 1985, RELATING TO THE JASPER COUNTY BOARD OF EDUCATION, SO AS TO ESTABLISH SINGLE MEMBER DISTRICTS AND TO PROVIDE FOR ELECTIONS.

H. 4466 -- Reps. Sheheen and H. Brown: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.

On motion of Senator PASSAILAIGUE, H. 4466 was ordered to receive a third reading on Friday, January 30, 1998.

The following Bill was carried over:

H. 3161 -- Reps. Townsend, Cooper, Walker and Haskins: A BILL TO INCREASE THE AVAILABILITY OF FUNDS TO THE DEPARTMENT OF PUBLIC SAFETY SO AS TO FULFILL THE REQUIREMENTS OF CHAPTERS ONE AND THREE OF TITLE 56 BY TRANSFERRING ONE MILLION SEVEN HUNDRED THOUSAND DOLLARS FROM THE DEPARTMENT OF TRANSPORTATION TO THE GENERAL FUND FOR THE PURPOSES OF APPROPRIATING FUNDS FOR THE MOTOR VEHICLE DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY SO THAT THE DIVISION MAY HAVE THE FINANCIAL RESOURCES TO INCREASE STAFFING LEVELS CUT BY PREVIOUS BUDGET REDUCTIONS, TO ENABLE THE DIVISION TO HAVE NECESSARY FUNDING TO PROVIDE TAXPAYERS AND CITIZENS OF SOUTH CAROLINA WITH EFFICIENT AND TIMELY CUSTOMER SERVICE, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL REIMBURSE THE DEPARTMENT OF TRANSPORTATION FOR FUNDS TRANSFERRED TO THE GENERAL FUND ON BEHALF OF DEPARTMENT OF PUBLIC SAFETY IN THE 1998-99 GENERAL APPROPRIATION ACT.

Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.

Senator RANKIN explained the Bill.

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

S. 911 -- Senators McConnell, Saleeby and Moore: A BILL TO AMEND SECTION 2-19-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF JUSTICES AND JUDGES, SO AS TO REQUIRE STATEMENTS OF PROPOSED TESTIMONY TO THE JUDICIAL MERIT SELECTION COMMISSION BE FURNISHED AT LEAST FORTY-EIGHT HOURS BEFORE THE DATE AND TIME SET FOR THE BEGINNING OF THE PUBLIC HEARINGS.

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

Senators McCONNELL and RYBERG proposed the following amendment (JUD0911.001), which was adopted:
Amend the bill, as and if amended, page 1, line 30, in Section 2-19-30(A), as contained in SECTION 1, by striking /at a date specified by the commission but in no event/.
Amend title to conform.

The amendment was adopted.

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

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

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

Having received a favorable report from the members representing the 13th Judicial Circuit, the following appointment was confirmed in open session:

Initial Appointment, Thirteenth Judicial Circuit Solicitor, with term to commence January 11, 1995, and to expire January 13, 1999:
Honorable Robert M. Ariail, 54 Forest Lane, Greenville, S.C. 29605 VICE Joseph J. Watson (resigned)

Having received a favorable report from the Richland County Delegation, on motion of Senator PATTERSON, the following appointment was confirmed in open session:

Initial Appointment, Richland County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Mr. Golie S. Augustus, Post Office Box 4181, Columbia, S.C. 29240 VICE Walter Jones (resigned)

On motion of Senator LANDER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Crystal Moore Franklin of Prosperity, S.C.

Senator MOORE moved that, when the Senate adjourns on Friday, January 30, 1998, it stand adjourned to meet next Tuesday, February 3, 1998, at 12:00 Noon, which motion was adopted.

At 11:44 A.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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