Indicates Matter Stricken
Indicates New Matter

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

Beloved, hear St. Paul's words of guidance to the Philippians, Chapter 2 (v.12):
"Wherefore, my beloved, as you have always obeyed,...
Work out your own salvation with fear and trembling...
For it is God which worketh in you..."
Let us pray.
Father, we thank You for the mental, spiritual and physical rest of the Sabbath weekend.
As the spaceships find their way through far-off space by being locked to the guidance of the stars, so lock us into the guidance of Your unerring Spirit.
Bless us with the sense of the companionship of Your invisible Presence.
Make of us the useful tools of the divine will as we work out our own salvation through the twists and turns of our economic, social and political life.
May our life, today, be a living prayer of praise... is our morning prayer in the Name of Christ!
Amen!

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

November 13, 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 Barber Examiners, with term to commence June 30, 1998, and to expire June 30, 2002:
Barber:
Mr. Napoleon Rogers, Post Office Box 451, Hartsville, S.C. 29551

Referred to the Committee on Labor, Commerce and Industry.

January 19, 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, Commission on Higher Education, with term to commence July 1, 1998, and to expire July 1, 2000:
Ex Officio - Local TEC:
Ms. Susan R. Cole, 101 Lakeview Drive, Summerville, S.C. 29485 VICE Rosemary H. Byerly
Referred to the Committee on Education.

The following was received:

Document No. 2103
Promulgated by Department of Revenue
Temporary, Beer, Wine and Alcoholic Liquor Permits
Received by Lt. Governor January 17, 1997
Referred to Senate Committee on Judiciary
120 day review expiration date May 17, 1997
Withdrawn February 6, 1998

The following were received and referred to the appropriate committees for consideration:

Document No. 2254
Promulgated by Clemson University - State Crop Pest Commission
Boll Weevil Eradication
Received by Lt. Governor January 21, 1998
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date May 21, 1998

Document No. 2255
Promulgated by Clemson University - State Crop Pest Commission
Microencapsulated Insecticides
Received by Lt. Governor January 21, 1998
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date May 21, 1998

Document No. 2258
Promulgated by Workers' Compensation Commission
Reporting Insurance Policies with Effective Dates on or after July 1, 1989; Examination of Claim Files; Admission of Expert's Report as Evidence; Postponement or Adjournment of a Hearing; Informal Conference; Self-Insurance, Application; Financial Analysis and Reports
Received by Lt. Governor January 29, 1998
Referred to Senate Committee on Judiciary
120 day review expiration date May 29, 1998

Document No. 2259
Promulgated by Department of Education
Rental Textbooks (Repeal)
Received by Lt. Governor January 22, 1998
Referred to Senate Committee on Education
120 day review expiration date May 22, 1998

Document No. 2263
Promulgated by Department of Education
Driver Training
Received by Lt. Governor January 26, 1998
Referred to Senate Committee on Education
120 day review expiration date May 26, 1998

Document No. 2264
Promulgated by Department of Education
Free Textbooks
Received by Lt. Governor January 26, 1998
Referred to Senate Committee on Education
120 day review expiration date May 26, 1998

Document No. 2270
Promulgated by Department of Labor, Licensing and Regulation - Board of Examiners in Speech-Language Pathology and Audiology
General Licensing Provisions; Pathology Assistants; Supervised Professional Employment; Audiology License - Hearing Aid Dispensing; Continuing Education; Code of Ethics
Received by Lt. Governor February 3, 1998
Referred to Senate Committee on Medical Affairs
120 day review expiration date June 3, 1998

Document No. 2272
Promulgated by Department of Labor, Licensing and Regulation - Board of Medical Examiners
Initial Complaint; Formal Complaint; Duty of the Panel; Review by the Board; Duty of the Board after Review; Appeal of Decision; Proceedings Private Until Filed; Administrator is Agent for Service of Notices on Nonresident Physicians; Investigations and Injunctions; Docket of Complaints; Confidentiality of Disciplinary Proceedings; Final Orders of the Board; Content of Petition for Reinstatement; Board's Report to be Filed; Procedure Thereupon; Investigation at Instance of Board or Commission Members; Procedure Thereunder
Received by Lt. Governor January 29, 1998
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 29, 1998

Document No. 2273
Promulgated by Department of Labor, Licensing and Regulation - State Athletic Commission
Boxing
Received by Lt. Governor February 3, 1998
Referred to Senate General Committee
120 day review expiration date June 3, 1998

Document No. 2274
Promulgated by Department of Labor, Licensing and Regulation - State Board of Registration for Professional Engineers and Land Surveyors
Re-Examination
Received by Lt. Governor January 29, 1998
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date May 29, 1998

Document No. 2277
Promulgated by Department of Labor, Licensing and Regulation - Manufactured Housing Board
Manufactured Housing
Received by Lt. Governor January 29, 1998
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date May 29, 1998

Document No. 2282
Promulgated by Department of Labor, Licensing and Regulation - Building Codes Council
Definitions; Registration Required; Classifications Requiring Registration; Maximum Time for Registration; Application Required; Qualifications for Certification; Exemption; Registration Renewal; Fees; Continuing Education; Powers of Council; Conflict of I
Received by Lt. Governor February 3, 1998
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date June 3, 1998

Senator CORK introduced Dr. Oswald L. Mikell of Beaufort, S.C., Doctor of the Day.

The following were introduced:

S. 1002 -- Senators Matthews, Patterson, Land, Cork, Mescher, Glover, Holland, Hutto and Saleeby: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO A LOTTERY, SO AS TO ALLOW LOTTERIES TO BE CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.
Read the first time and referred to the Committee on Finance.

S. 1003 -- Senator Peeler: A BILL TO AMEND ARTICLE 5, CHAPTER 9, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING AND FISHING LICENSES, BY ADDING SECTION 50-9-535 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT, TAKE, OR POSSESS MIGRATORY GAME BIRDS WITHOUT FIRST OBTAINING A MIGRATORY GAME BIRD PERMIT AT NO COST FROM THE DEPARTMENT OF NATURAL RESOURCES.
Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 1004 -- Senators Glover and Ford: A BILL TO AMEND SECTION 20-7-852 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD SUPPORT AWARDS, SO AS TO ADD ADDITIONAL FACTORS THAT MUST BE CONSIDERED BY THE COURT AS POSSIBLE REASONS FOR DEVIATION FROM THE CHILD SUPPORT GUIDELINES OR MAY BE USED IN DETERMINING WHETHER A CHANGE IN CIRCUMSTANCES HAS OCCURRED WHICH WOULD REQUIRE A MODIFICATION OF AN EXISTING ORDER, AND TO PROHIBIT THE INCARCERATION OF A NONCUSTODIAL PARENT WHO HAS MADE REASONABLE EFFORTS TO COMPLY WITH A SUPPORT ORDER.
Read the first time and referred to the Committee on Judiciary.

S. 1005 -- Senator Mescher: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 33 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE AGE OF CONSENT TO SEXUAL INTERCOURSE FOR AN UNMARRIED WOMAN, SO AS TO RAISE THE AGE OF CONSENT FROM FOURTEEN TO EIGHTEEN YEARS OF AGE.
Read the first time and referred to the Committee on Judiciary.

S. 1006 -- Senator Mescher: A BILL TO AMEND SECTION 16-3-655, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT WITH MINORS, SO AS TO PROVIDE THAT A PERSON IS GUILTY OF CRIMINAL SEXUAL CONDUCT WITH A MINOR IN THE SECOND DEGREE IF THE PERSON ENGAGES IN SEXUAL INTERCOURSE WITH A VICTIM WHO IS AT LEAST FOURTEEN YEARS OF AGE BUT WHO IS LESS THAN EIGHTEEN YEARS OF AGE.
Read the first time and referred to the Committee on Judiciary.

S. 1007 -- Senators Holland, McConnell and Giese: A BILL TO ENACT THE DRUG-INDUCED CRIME PREVENTION AND PUNISHMENT ACT OF 1998, BY AMENDING SECTION 44-53-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRUGS, SO AS TO CREATE THE OFFENSE OF DISTRIBUTING A CONTROLLED SUBSTANCE TO AN INDIVIDUAL WITH THE INTENT TO COMMIT A CRIME AGAINST THAT INDIVIDUAL AND ESTABLISH APPROPRIATE PENALTIES, AND ALSO TO CREATE THE OFFENSE OF TRAFFICKING IN FLUNITRAZEPAM AND ESTABLISH APPROPRIATE PENALTIES; BY AMENDING SECTION 16-1-90, AS AMENDED, RELATING TO THE CLASSIFICATION OF CRIMES, SO AS TO CLASSIFY THIS OFFENSE AS A FELONY; AND BY AMENDING SECTION 16-3-652, RELATING TO CRIMINAL SEXUAL CONDUCT, SO AS TO PROVIDE THAT, IF ONE PERSON CAUSES ANOTHER PERSON TO BECOME MENTALLY INCAPACITATED OR PHYSICALLY HELPLESS BY ADMINISTERING A CONTROLLED SUBSTANCE, THAT PERSON IS GUILTY OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.
Read the first time and referred to the Committee on Judiciary.

S. 1008 -- Senator Anderson: A BILL TO AMEND SECTION 44-6-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TITLE XIX STATE PLAN, SO AS TO PROVIDE THAT SUBJECT TO THE AVAILABILITY OF FUNDING, THE HEALTH AND HUMAN SERVICES DEPARTMENT IS DIRECTED TO PROVIDE PAYMENT FOR FOUR PRESCRIPTIONS PER MONTH FOR MEDICAID ELIGIBLE RECIPIENTS.
Read the first time and referred to the Committee on Medical Affairs.

H. 4574 -- Reps. Limehouse, Campsen, Mack, Breeland, Whatley and Altman: A BILL 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.
Read the first time and ordered placed on the local and uncontested Calendar without reference.

H. 4592 -- Reps. Wilder, Carnell and Stoddard: A CONCURRENT RESOLUTION TO EXPRESS APPRECIATION AND GRATITUDE TO DR. THEODORE R. "TED" BROWN, VICE PRESIDENT FOR ADVANCEMENT AT PRESBYTERIAN COLLEGE IN CLINTON, SOUTH CAROLINA, FOR HIS CONTRIBUTIONS OF ENERGY, VISION, AND SKILL TO THE COLLEGE AND THE COMMUNITY FOR THE PAST TWELVE YEARS, AND TO WISH HIM THE GREATEST SUCCESS IN HIS NEW POSITION AS PRESIDENT OF MARTIN METHODIST COLLEGE IN PULASKI, TENNESSEE.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4600 -- Rep. Knotts: A CONCURRENT RESOLUTION TO COMMEND ANDREW RICHBOURG OF WEST COLUMBIA AND A STUDENT AT AIRPORT HIGH SCHOOL FOR HIS SELECTION AS A DISTINGUISHED FINALIST IN THE PRUDENTIAL SPIRIT OF COMMUNITY AWARDS PROGRAM IN RECOGNITION OF HIS OUTSTANDING RECORD OF VOLUNTEER SERVICE, PEER LEADERSHIP, AND COMMUNITY SPIRIT.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4601 -- Rep. Knotts: A CONCURRENT RESOLUTION TO COMMEND LAUREN LUCAS OF LEXINGTON COUNTY AND A STUDENT AT BROOKLAND-CAYCE HIGH SCHOOL FOR HER SELECTION AS ONE OF TWO TOP YOUTH VOLUNTEERS IN SOUTH CAROLINA FOR 1998 AND TO CONGRATULATE HER ON HER RECEIPT OF THE SILVER MEDALLION FROM THE PRUDENTIAL SPIRIT OF COMMUNITY AWARDS PROGRAM.
The Concurrent Resolution was adopted, ordered returned to the House.

Senator PEELER from the Committee on Fish, Game and Forestry has polled out S. 852 favorable with amendment:
S. 852 -- Senators Martin, J. Verne Smith, Alexander, Wilson, Leventis, Branton, Hutto and Giese: A BILL TO AMEND CHAPTER 3, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES, BY ADDING ARTICLE 9 SO AS TO CREATE THE SOUTH CAROLINA JOCASSEE GORGES ENDOWMENT FUND.

Peeler                    Drummond                  McGill
Gregory                   Waldrep                   Giese
Courtney                  Leatherman                Hutto
Ravenel                   Branton                   Grooms

Holland                   Land                      Passailaigue
Elliott                   Moore                     Cork

Ordered for consideration tomorrow.

Senator LAND from the Committee on Transportation submitted a majority favorable with amendment and Senator RYBERG a minority unfavorable report on:
H. 3089 -- Reps. D. Smith, Hodges, Cobb-Hunter, Byrd, Cotty, Jennings, Clyburn, Delleney, Young, Maddox, Allison, Leach, Limbaugh, Klauber, Knotts, Felder, Stille, Seithel, Bailey, Walker, Wilkes, Kinon, Stuart, Battle, Harrison and J. Smith: A BILL TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLATIONS OF THE SAFETY BELT LAW, SO AS TO INCREASE THE PENALTIES FROM TEN TO TWENTY-FIVE DOLLARS FOR A VIOLATION AND FROM TWENTY TO FIFTY DOLLARS FOR EACH INCIDENT AND TO DELETE THE PROVISION PROHIBITING A LAW ENFORCEMENT OFFICER FROM STOPPING A DRIVER FOR A VIOLATION IN THE ABSENCE OF A VIOLATION OF ANOTHER MOTOR VEHICLE LAW.
Senator HUTTO spoke on the Bill.

Ordered for consideration tomorrow.

S. 220 -- Senator Hayes: A BILL TO AMEND SECTION 15-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABATEMENT OF NUISANCES, SO AS TO INCLUDE THE USE OF BUILDINGS OR PLACES FOR REPEATED ACTS OF UNLAWFUL POSSESSION OR SALE OF CONTROLLED SUBSTANCES, AND CONTINUOUS BREACH OF THE PEACE AS A NUISANCE SUBJECT TO ABATEMENT.
The House returned the Bill with amendments.

Senator HAYES explained the House amendment.

On motion of Senator HAYES, 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.

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

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

S. 862 -- Senator Holland: A BILL TO AMEND VARIOUS PROVISIONS OF TITLES 16, 17, 20, AND 56, RELATING TO CRIMES AND OFFENSES, SO AS TO CONFORM DEFINITIONS AND TERMINOLOGY, TO REPEL OBSOLETE SECTIONS, TO ADD A MENS REA REQUIREMENT TO SECTIONS 16-11-617 AND 16-11-650, AND TO MAKE OTHER TECHNICAL CORRECTIONS. (Abbreviated Title)

S. 876 -- Senators Drummond and Alexander: A BILL TO AMEND SECTION 11-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF THE COMPTROLLER GENERAL TO THE GENERAL ASSEMBLY WITH RESPECT TO PROPERTY TAXES COLLECTED, SO AS TO DELETE OBSOLETE LANGUAGE AND REFER TO ALL TAXING ENTITIES; TO AMEND SECTIONS 12-39-140, 12-39-310, AND 12-45-300, RELATING TO THE DUTIES OF COUNTY AUDITORS, SO AS TO DELETE OBSOLETE REQUIREMENTS AND MODERNIZE REPORTING REQUIREMENTS TO THE COMPTROLLER GENERAL; AND TO REPEAL SECTIONS 11-3-190, 12-39-290, AND 12-45-340, RELATING TO OBSOLETE REPORTING AND RECORDKEEPING REQUIREMENTS.

S. 915 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-55 SO AS TO REQUIRE THE CODE COMMISSIONER TO ANNOTATE IN THE SOUTH CAROLINA CODE OF LAWS ALL UNPUBLISHED FEDERAL OPINIONS DECIDED IN THE DISTRICT HAVING AN EFFECT ON THE INTERPRETATION OR INVALIDATIONS OF SOUTH CAROLINA STATUTES WHICH HAVE BEEN SENT TO HIM BY THE CHIEF FEDERAL DISTRICT JUDGE.

S. 621 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-117 SO AS TO PROVIDE THAT A MOTOR VEHICLE OVER THIRTY YEARS OLD MAY BEAR A SOUTH CAROLINA LICENSE PLATE OF THE MODEL YEAR OF THE VEHICLE UNDER CERTAIN CIRCUMSTANCES.
(By prior motion of Senator WILSON, with unanimous consent)

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

S. 846 -- Senators Washington, Leventis, Reese, Gregory, Hutto and Short: A BILL TO AMEND SECTION 56-1-540 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILES, RECORDS, AND INDEXES TO BE KEPT BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROHIBIT THE DEPARTMENT FROM MAINTAINING RECORDS OF ACCIDENTS AS A PART OF A LICENSEE'S DRIVING RECORD UNLESS THE LICENSEE IS CONVICTED OF A TRAFFIC VIOLATION IN CONNECTION WITH THE ACCIDENT.
Senator LEVENTIS explained the Bill.

H. 3908 -- Reps. Seithel, Breeland, Dantzler, Altman, Campsen, Harrell, Chellis, Inabinett, Limehouse, Whatley, Young-Brickell, Lloyd, Robinson and Clyburn: A BILL 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 OWNER OF RECORD; TO AMEND SECTION 12-51-50, RELATING TO SALE OF PROPERTY IN INSTANCES OF DELINQUENT COUNTY TAXES, SO AS TO PROVIDE FOR SITES ALTERNATIVE TO THE COUNTY COURTHOUSE; 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 OWNER OF RECORD OF THE PROPERTY; AND TO AMEND SECTION 12-51-100, RELATING TO REDEMPTION AND REFUND OF PURCHASE PRICE, SO AS TO CONFORM IT TO SECTION 12-51-90.

Senator SETZLER 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 Finance.

Senator SETZLER proposed the following amendment (SBD\3908.1), which was adopted:
Amend the Committee Report, as and if amended, page 2 of the Committee Report, by striking lines 24 through 34 and inserting the following:
(6)   CLASS F: An organization which has a game of bingo and operates exclusively by bona fide members who are residents of this State and who do so on a strictly volunteer basis and whose gross proceeds do not exceed forty thousand dollars a calendar quarter, and where prizes do not exceed four thousand dollars a session and where bingo proceeds are only used to pay the organization's utility bills, to pay charges for bingo paper, and for the charitable purpose of the organization, shall obtain a Class F license from the department at the cost of one hundred dollars. The holder of a Class F license may not conduct more than one bingo session a week."
Amend the Committee Report further, as and if amended by striking lines 35 through 38, page 3908.3 of the Bill, line 33 and inserting the following:
SECTION 6. Upon approval by the Governor, this act takes effect October 1, 1997. However, the provision in this act limiting the use of bingo proceeds from a Class F licensee is effective upon approval by the Governor.
Amend section and title to conform.
The amendment was adopted.

Senator SETZLER explained the amendment.

The amendment was adopted.

The Committee on Finance proposed the following amendment (3908R001.JWD), which was adopted:
Amend the bill, as and if amended, page 4, after line 32, by adding an appropriately numbered new SECTION to read:
/SECTION   __.   A. Section 12-21-4020, as amended, is amended to read:
"Section 12-21-4020.   The following are the classes of bingo licenses:
(1)   CLASS AA:   An organization operating a bingo game offering prizes with a minimum payout of fifty thousand dollars a session shall obtain a Class AA bingo license at a cost of four thousand dollars. The prizes offered at any one session may not exceed two hundred fifty thousand dollars. The holder of a Class AA license may not conduct more that one bingo session a month.
(2)   CLASS B:   An organization operating a bingo game offering prizes, which do not exceed eight thousand dollars a session, shall obtain a Class B bingo license at a cost of one thousand dollars. The holder of a Class B license may not conduct more than three bingo sessions a week.
(3)   CLASS C:   An organization operating a bingo game and offering prizes of twenty dollars or less a game during a single session shall obtain a Class C bingo license at no cost. However, the organization may offer a prize in cash or merchandise of no more than one hundred fifty dollars for six jackpot games a session.
(4)   CLASS D:   A person, organization, or corporation desiring to conduct a bingo game at a fair as defined in Section 12-21-3920 and who offers prizes for each game of no more than fifty dollars in merchandise shall obtain only a temporary Class D bingo license at a cost of one hundred dollars for not more than ten days or two hundred dollars for more than ten days.
(5)   CLASS E:   An organization which has a game of bingo and operates exclusively by bona fide members who are residents of this State and who do so on a strictly volunteer basis and whose gross bingo proceeds do not exceed forty thousand dollars a calendar quarter, and where prizes do not exceed four thousand dollars a session shall obtain a Class E license from the department at a cost of five hundred dollars. If the gross bingo proceeds for any calendar quarter exceed thirty thousand dollars, the person or organization within ten days is required to obtain a Class B license from the department and comply with all requirements of a Class B license. The holder of a Class E license may not conduct more than one bingo session a week.
(6)   CLASS F:   An organization which has a game of bingo and operates exclusively by bona fide members who are residents of this State and who do so on a strictly volunteer basis and whose gross proceeds do not exceed forty thousand dollars a calendar quarter, and where prizes do not exceed four thousand dollars a session and where the only expenses paid from bingo proceeds are utility bills and charges for bingo paper, and one hundred percent of the proceeds received from the charity are used for the charitable purpose of the organization shall obtain a Class F license from the department at the cost of one hundred dollars. The holder of a Class F license may not conduct more than one bingo session a week."
B.   Section 12-21-4030, as amended, is amended to read as follows:
"Section 12-21-4030.   (A)   A promoter or organization may not impose a charge, other than as provided in subsection (B), on a player of more than the face value of each card sold to play bingo.
(B)(1)   A holder of a Class AA license shall impose an entrance fee of eighteen dollars;
(2)   A holder of a Class B license shall impose an entrance fee of five dollars;
(3)   A holder of a Class D or Class E license may impose a five - dollar entrance fee.; and
The entrance fees collected are not required to be remitted as taxes and are not included in gross proceeds for purposes of the prize limitations provided in Section 12-21-4000(12)(a).
(4)   A holder of a Class F license may impose a three-dollar entrance fee.
(C) The entrance fees collected pursuant to subsection (B) are not required to be remitted as taxes and are not included in gross proceeds for purposes of the prize limitations provided in Section 12-21-4000(12)(a)."
C.   Section 12-21-4190, as amended, is amended to read:
"Section 12-21-4190.   (A) The department shall charge and retain sixteen and one-half cents for each dollar of face value for each bingo card sold for AA, B, D, and E licenses. except sales to Class C licenses pursuant to this article. The department shall charge and retain five cents for each dollar of face value for each bingo card sold to a F license. There shall be no charge for a C license.
(B) The revenue retained must be distributed as follows:
(1) twenty-six percent of the revenue must be distributed to the sponsoring charity for which the bingo cards were purchased. The department shall make the distribution to the sponsoring charity by the last day of the next month following the month the revenue was collected. Distributions under this subsection must be reduced by any delinquent debts as defined in the Setoff Debt Collection Act;
(2) seventy-four percent pursuant to Section 12-21-4200.
(C)   The provisions of subsection (B) do not apply to holders of Class F licenses. The entire amount of revenue remitted pursuant to Section 12-21-4190 by Class F licensees shall be distributed pursuant to Section 12-21-4200."
D.   Upon approval by the Governor, this section takes effect October 1, 1998./
Amend the bill further, as and if amended, page 4, by striking line 33 and inserting in lieu thereof the following:
/SECTION   __.   Except as otherwise provided herein, this act takes effect upon approval by the Governor./
Amend title to conform.
Renumber sections to conform.

The amendment was adopted.

Senator SETZLER proposed the following amendment (SBD\3908.2), which was adopted:
Amend the Bill, as and if amended, by deleting Section 2, page 3908-6, lines 29 through 40.
Amend the Bill further, as and if amended, beginning on page 3908-7 by deleting Section 5 in its entirety.
Amend the Bill further, as and if amended, page 3908-8 by deleting Section 6 in its entirety.
Amend section and title to conform.

Senator SETZLER explained the 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.

S. 900 -- Senators Hutto, Matthews and Washington: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME AND DESIGNATE THE OVERPASS AT U.S. HIGHWAY 301 AND INTERSTATE 95 IN ORANGEBURG COUNTY IN HONOR OF THE LATE FIRST SERGEANT FRANKIE LEE LINGARD AND TO ERECT APPROPRIATE MARKERS OR SIGNS.
The Concurrent Resolution was adopted, ordered sent to the House.

H. 4291 -- Reps. Rice and Robinson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 124 IN GREENVILLE COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 123 TO THE GREENVILLE COUNTY LINE IN HONOR OF JOE ANDERS.
The Concurrent Resolution was adopted, ordered returned to the House.

The following Bills were carried over:

S. 865 -- Senators McConnell, Reese and Mescher: A BILL TO AMEND SECTION 20-7-1370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF FAMILY COURT JUDGES, SO AS TO DELETE A PROVISION ALLOWING A FORMER MEMBER OF THE GENERAL ASSEMBLY TO BE ELECTED TO A FAMILY COURT JUDGESHIP NOTWITHSTANDING ANY OTHER PROVISION OF LAW.
On motion of Senator HUTTO, the Bill was carried over.

S. 874 -- Senators Drummond, Mescher, Washington and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-470 SO AS TO AUTHORIZE A COUNTY BOARD OF REGISTRATION TO USE OTHER MEANS OF VOTING ABSENTEE INSTEAD OF BY PAPER BALLOT IF CERTIFIED BY THE STATE ELECTION COMMISSION AND TO AUTHORIZE THE COMMISSION TO ESTABLISH STANDARDS AND GUIDELINES TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
On motion of Senator MOORE, the Bill was carried over.

S. 605 -- Senator Cork: A BILL TO AMEND SECTION 4-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNEXATION OF PART OF ONE COUNTY BY ANOTHER, SO AS TO REQUIRE THE APPROVAL OF THE COUNTY COUNCIL OF THE COUNTY FROM WHICH THE AREA IS PROPOSED TO BE TRANSFERRED WHERE THE AREA TO BE ANNEXED IS LESS THAN FIVE THOUSAND ACRES IN SIZE OR WHERE THE AREA TO BE ANNEXED HAS A POPULATION RATIO OF LESS THAN ONE ELECTOR FOR EACH TEN ACRES.
On motion of Senator GLOVER, the Bill was carried over.

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

H. 3300 -- Reps. Breeland, Cave, Inabinett, Mack, J. Hines, Govan, M. Hines, J. Brown, Lloyd, Pinckney and Byrd: 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 FOR THE ISSUANCE OF FRATERNITY AND SORORITY LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED.

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

Senator RAVENEL spoke on the Bill.

Senator LEVENTIS assumed the Chair at 12:34 P.M.
Senator RAVENEL spoke on the Bill.
Senator ANDERSON argued contra to the Bill.
Senator McCONNELL argued in favor of the Bill.

Senator ANDERSON moved to carry over the Bill.
Senator McCONNELL moved to table the motion to carry over the Bill.

The motion to carry over was laid on the table.

Senator McCONNELL proposed the following Amendment No. A (JUD3300.001), which was adopted:
Amend the committee report, as and if amended, page [3300-2], after line 4, by adding an appropriately numbered SECTION to read:
/SECTION   _____.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-7910.   (A)   The department may issue special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of five thousand pounds or less and a gross weight of eight thousand pounds or less registered in their names which may have imprinted on the plate an emblem, a seal, logo, or other symbol of the H.L. Hunley submarine. The Hunley Commission shall submit to the department for its approval the emblem, seal, logo, or other symbol it desires to be used for this special license plate. The Hunley Commission may request a change in the emblem, seal, logo, or other symbol not more than once every five years. The fee for this special license plate is one hundred dollars every two years in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.
(B)   The fees collected pursuant to this section must be distributed to the Fund to Save the Hunley created by the Hunley Commission or another nonprofit fund designated by the commission for the continued curation of the Hunley submarine. Any such fund must be administered by the Hunley Commission and may be used only for efforts to raise, restore, and preserve the Hunley submarine. Any funds collected must be deposited in an appropriate nonprofit account designated by the Hunley Commission. The distribution shall be based on the total number of special license plates sold as follows:
(1)   one thousand or less total special license plates sold: fifty-two dollars to the department and forty-eight dollars to the Hunley Commission for each special license plate sold;
(2)   more than one thousand and less than two thousand total special license plates sold: forty-two dollars to the department and fifty-eight dollars to the Hunley Commission for each special license plate sold;
(3)   two thousand or more total special license plates sold: thirty dollars to the department and seventy dollars to the Hunley Commission for each special license plate sold.
(C)   The department shall reserve the first twelve license plates for use by the Hunley Commission."/.
Renumber sections to conform.
Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

The Committee on Transportation proposed the following amendment (GJK\20689CM.97), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-8100.   (A)   The department may issue special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of five thousand pounds or less and a gross weight of eight thousand pounds or less registered in their names which may have imprinted on the plate the emblem, a seal, or other symbol the department considers appropriate of an organization which has obtained certification pursuant to Section 501(C)(3) of the federal Internal Revenue Code. The fee for this special license plate is the fee contained in Section 56-3-2020.
The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued.
(B)   The department shall receive three hundred or more applications requesting a special license plate authorized under this section before a specialized license plate may be developed for an organization.   Only certified members, as set forth on a list provided by the organization to the department, of organizations that have special license plates issued pursuant to this section may be issued a special license plate. Each certified member may only apply for one special license plate for each vehicle registered in his name."
SECTION   2.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

On motion of Senator COURSON, with unanimous consent, H. 3300 was ordered to receive a third reading on Wednesday, February 11, 1998.

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.

The PRESIDENT assumed the Chair at 12:50 P.M.

THE SENATE PROCEEDED TO THE SPECIAL ORDER.

S. 850 -- Senators Setzler, Courson, Hayes, Lander, Wilson, Giese, Reese, Rankin, Bryan, Mescher, Russell, Washington, Branton, Short and Waldrep: A BILL TO AMEND CHAPTER 18, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALITY CONTROLS AND PRODUCTIVITY REWARDS, SO AS TO ENACT THE SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY FOR EXCELLENCE IN TEACHING AND LEARNING ACT; TO ESTABLISH GRADE SPECIFIC STATEWIDE ACADEMIC STANDARDS FOR MATHEMATICS, ENGLISH/LANGUAGE ARTS, AND SCIENCE; TO ESTABLISH CRITERIA FOR THE ASSESSMENT, EVALUATION, RATING, AND ACCREDITATION OF SCHOOL AND STUDENT PERFORMANCE IN REFERENCE TO THE STATEWIDE ACADEMIC PERFORMANCE STANDARDS; TO ESTABLISH AN OVERSIGHT COMMITTEE TO MONITOR THE IMPACT AND IMPLEMENTATION OF THE ACT; TO AMEND VARIOUS OTHER PROVISIONS OF TITLE 59, SO AS TO BRING THEM INTO CONFORMITY WITH THE PROVISIONS OF THE SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY FOR EXCELLENCE IN TEACHING AND LEARNING ACT; AND TO REPEAL SECTIONS 59-6-12, 59-18-10, 59-18-11, 59-18-15, 59-18-20, 59-18-25, 59-18-30, AND 59-18-31.

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

Senator SETZLER explained the Bill.

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

On motion of Senator MOORE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. David Hughes of Beech Island, S.C.

At 1:17 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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