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:

The vernal equinox (spring) begins at 2:55 P.M. tomorrow.
Beloved, hear again the Psalmist, Psalm 8 (v.1):
"O Lord, our Lord
How majestic is Thy Name
In all the earth"!
Let us pray.
Our heavenly Father, as we behold the wonders and the beauty of the world in the springtime, help us to learn nature's lessons and come more and more into a personal relationship with nature's God.
Show us that the world's sin can be like winter's bitter cold and that the warm sunshine reminds us of Your love which is always just behind and above the clouds that shut us away from the beatific vision.
Even as the warm sunshine sinks into the soil and causes the seed to bring forth a harvest, so bring forth in our lives the good works of a strong and vital faith!
Amen.

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

At 11:02 A.M., on motion of Senator GIESE, the Senate receded from business pending the presence of a quorum.
At 11:11 A.M., a quorum being present, the Senate resumed.

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

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

Document No. 2265
Promulgated by Department of Labor, Licensing and Regulation - Office of State Fire Marshal
Fire Prevention and Life Safety - Buildings
Received by Lt. Governor March 4, 1998
Referred to Senate Committee on Judiciary
120 day review expiration date July 2, 1998 (Subject to Sine Die Revision)

Document No. 2275
Promulgated by Department of Labor, Licensing and Regulation - Real Estate Commission
Chapter Revision
Received by Lt. Governor March 4, 1998
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date July 2, 1998 (Subject to Sine Die Revision)

Document No. 2287
Promulgated by Department of Natural Resources
Hunt Units and Wildlife Management Area Regulations
Received by Lt. Governor March 3, 1998
Referred to Senate Committee on Fish, Game and Forestry
120 day review expiration date July 1, 1998 (Subject to Sine Die Revision)

Document No. 2290
Promulgated by Board of Financial Institutions
Repeal of Regulation 15-62, Consumer Finance Act
Received by Lt. Governor March 17, 1998
Referred to Senate Committee on Banking and Insurance
120 day review expiration date July 15, 1998 (Subject to Sine Die Revision)

We are members of the Senate Finance Committee and have received a copy of the Local Fiscal Impact Statement on Senate Bill 947. We voted in favor of this Bill in committee on February 10, 1998. After reviewing the Local Fiscal Impact Statement, our votes remain the same. The Local Fiscal Impact Statement does not change our position nor would it have changed our vote on this issue in committee or on the Senate floor.
We intend for this statement to reflect to any judicial body reviewing this matter that no legislative harm resulted from a late disclosure of the Local Fiscal Impact Statement. The outcome as far as our votes go would have been exactly the same.

Senator RAVENEL introduced Dr. Arthur C. Hutson, Jr. of Charleston, S.C., Doctor of the Day.

At 11:00 A.M., Senator CORK requested a leave of absence for March 25, 1998, from 3:45 until 5:30 P.M., March 26, 1998, from 12:45-2:15 P.M., April 1, 1998, from 3:45-7:00 P.M., and April 2, 1998, from 12:45-3:30 P.M.

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

At 11:30 A.M., Senator RYBERG requested a leave of absence for April 8 and 9, 1998.

At 11:30 A.M., Senator COURSON requested a leave of absence for Wednesday, March 25, 1998, from 3:00 until 5:00 P.M.

On motion of Senator COURSON, at 11:30 A.M., Senator LAND was granted a leave of absence for Wednesday, March 25, 1998, from 3:00 until 5:00 P.M.

The following were introduced:

S. 1129 -- Senator Reese: A BILL TO AMEND SECTION 50-11-704, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF ARTIFICIAL LIGHTS IN GAME ZONES 4 AND 5, SO AS TO PROVIDE THAT IN GAME ZONES 4 AND 5 THE USE OF ARTIFICIAL LIGHTS FROM A VEHICLE OR WATER CONVEYANCE TO OBSERVE OR HARASS WILDLIFE IS UNLAWFUL WHILE IN POSSESSION OF A WEAPON.
Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 1130 -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-144 SO AS TO PROVIDE THAT A BLUE-COLORED "F" MUST BE IMPRINTED ON THE DRIVER'S LICENSE OF A CONVICTED FELON.
Read the first time and referred to the Committee on Transportation.

S. 1131 -- Senator Fair: A SENATE RESOLUTION TO MEMORIALIZE THE UNITED STATES HOUSE OF REPRESENTATIVES TO ADOPT THE UNITED STATES SENATE'S VERSION OF LEGISLATION TO REAUTHORIZE THE FEDERAL HIGHWAY PROGRAM WHICH INCREASES SOUTH CAROLINA'S RETURN ON EACH DOLLAR IT CONTRIBUTES TO THE FEDERAL HIGHWAY TRUST FUND FROM APPROXIMATELY SEVENTY-FIVE CENTS TO NINETY-FIVE CENTS ON EACH DOLLAR OR ALTERNATIVE LEGISLATION THAT GUARANTEES SOUTH CAROLINA A MINIMUM RETURN OF NINETY CENTS ON EACH DOLLAR IT GENERATES.
The Senate Resolution was introduced and referred to the Committee on Transportation.

S. 1132 -- Senators Leventis, Martin, Alexander, Courtney, Hayes, Short, Thomas, Courson, Waldrep, Fair, Setzler and Giese: A SENATE RESOLUTION TO MEMORIALIZE THE PRESIDENT OF THE UNITED STATES NOT TO SIGN THE KYOTO PROTOCOL OR TO SUBMIT THE SAME FOR RATIFICATION TO THE UNITED STATES SENATE UNLESS THE PROTOCOL IS AMENDED OR OTHERWISE REVISED, CONSISTENT WITH UNITED STATES SENATE RESOLUTION 98, TO INCLUDE SPECIFIC SCHEDULED COMMITMENTS FOR DEVELOPING COUNTRIES TO MITIGATE GREENHOUSE GAS EMISSIONS WITHIN THE SAME COMPLIANCE PERIOD OR PERIODS AS REQUIRED FOR DEVELOPED COUNTRIES, AND TO MEMORIALIZE THE UNITED STATES SENATE TO REJECT ANY PROPOSED PROTOCOL OR OTHER AMENDMENT TO THE 1992 UNITED NATIONS FRAMEWORK CONVENTION ON GLOBAL CLIMATE CHANGE (FCCC) THAT IS INCONSISTENT WITH UNITED STATES SENATE RESOLUTION 98 OR THAT DOES NOT COMPLY FULLY WITH THAT RESOLUTION.
Senator LEVENTIS spoke on the Resolution.

The Senate Resolution was adopted.

S. 1133 -- Senators Courtney, Leventis, Hayes, Alexander, Waldrep, Short, McConnell, Giese, O'Dell, Peeler, Cork, Wilson, Moore, Fair, McGill, Martin, Lander, Reese, Thomas, Mescher, Patterson, Ryberg, Anderson, Grooms, Land, Jackson, Branton, Holland, Ravenel, Courson, Passailaigue, J. Verne Smith, Bryan, Drummond, Leatherman, Glover, Ford, Setzler, Russell, Matthews and Rankin: A BILL TO AMEND CHAPTER 5, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-160, SO AS TO ENACT "THE SCHOOL TUTORING ACT" TO AUTHORIZE AN INDIVIDUAL WHO PROVIDES VOLUNTEER TUTORING SERVICES IN A PUBLIC SCHOOL TO RECEIVE A STATE TAX CREDIT OR A TUITION CREDIT REDEEMABLE AT A STATE PUBLIC INSTITUTION OF HIGHER LEARNING.
Read the first time and referred to the Committee on Education.

S. 1134 -- Senator Drummond: A SENATE RESOLUTION TO COMMEND AND CONGRATULATE MR. LES MCCRAW, A NATIVE SOUTH CAROLINIAN, FOR HIS DISTINGUISHED SERVICE TO HIS STATE AND HIS NATION AS A DEDICATED ENGINEER, BUSINESSMAN, AND PUBLIC SERVANT, UPON THE OCCASION OF HIS RETIREMENT FROM THE FLUOR CORPORATION.
The Senate Resolution was adopted.

H. 3833 -- Reps. Hawkins, Altman, F. Smith, J. Smith, Maddox, Campsen, Whipper, Baxley, Bauer, Delleney, D. Smith, Beck, H. Brown, McCraw, Haskins, Fleming, Young, Felder and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-7-435 AND BY AMENDING SECTION 43-7-440, AS AMENDED, RELATING TO ENFORCEMENT OF A SUPERIORITY OF RIGHTS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, SO AS TO REQUIRE, RATHER THAN AUTHORIZE, THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, IN ENFORCING ITS ASSIGNMENT OR SUBROGATION RIGHTS, TO REDUCE ANY AMOUNT DUE THE DEPARTMENT BY TWENTY-FIVE PERCENT IF THE RECIPIENT OF SERVICES HAS RETAINED AN ATTORNEY TO PURSUE THE RECIPIENT'S CLAIM AGAINST A THIRD PARTY; AND TO AMEND SECTION 43-7-410, AS AMENDED, RELATING TO DEFINITIONS CONCERNING ASSIGNMENT AND SUBROGATION OF CLAIMS FOR REIMBURSEMENT FOR MEDICAID SERVICES, SO AS TO CONFORM THE DEFINITION OF "COMMISSION" TO GOVERNMENT RESTRUCTURING.
Read the first time and referred to the Committee on Judiciary.

H. 4500 -- Rep. Boan: A BILL TO AMEND CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING, BY ADDING ARTICLE 18 SO AS TO CODIFY A PREVIOUSLY UNCODIFIED ACT ESTABLISHING THE WILLIAMSBURG TECHNICAL, VOCATIONAL AND ADULT EDUCATION CENTER COMMISSION AND IN THE CODIFIED ACT RENAMING THE GOVERNING BOARD AS THE WILLIAMSBURG TECHNICAL COLLEGE COMMISSION AND PROVIDING THAT THE MEMBERS OF THE FORMER COMMISSION BOARD ARE DEEMED TO HAVE BEEN APPOINTED TO THE GOVERNING BOARD OF THE NEWLY CONSTITUTED COMMISSION; TO AMEND SECTIONS 59-53-210, 59-53-240, 59-53-410, 59-53-710, 59-53-910, AND 59-53-1410, ALL RELATING TO THE ESTABLISHMENT OF THE GOVERNING BODIES OF VARIOUS OF THE STATE'S TECHNICAL COLLEGES, SO AS TO CHANGE THE NAMES OF THE GOVERNING BODIES TO REFLECT THE REVISED NAMES OF THE INSTITUTIONS ADMINISTERED BY THESE BOARDS AND TO DELETE OBSOLETE PROVISIONS AND MAKE GRAMMATICAL CHANGES, AND TO REPEAL ACT 58 OF 1969, RELATING TO THE ESTABLISHMENT OF THE WILLIAMSBURG TECHNICAL, VOCATIONAL AND ADULT EDUCATION CENTER COMMISSION.
Read the first time and referred to the Committee on Education.

H. 4611 -- Rep. Beck: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-7-1000 SO AS TO PROVIDE THE CONDITIONS UNDER WHICH A MUNICIPALITY MAY POOL ITS PRECINCTS FOR MUNICIPAL ELECTIONS.
Read the first time and referred to the Committee on Judiciary.

H. 4816 -- Reps. Delleney, D. Smith, Canty, Cooper, Haskins, Lee, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cotty, Cromer, Dantzler, Davenport, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, 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, 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 TO FIX 12:00 NOON ON WEDNESDAY, APRIL 1, 1998, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE SUPREME COURT, WHOSE TERM EXPIRES JULY 31, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE COURT OF APPEALS, SEAT 9, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FIRST JUDICIAL CIRCUIT, SEAT 2, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE SECOND JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE THIRD JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SIXTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 4, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 2, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIRST JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE FIRST JUDICIAL CIRCUIT, SEAT 3, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SECOND JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE THIRD JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 6, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE TWELFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 6, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE ADMINISTRATIVE LAW DIVISION, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A MEMBER OF THE LEGISLATIVE AUDIT COUNCIL WHOSE TERM EXPIRED ON MAY 10, 1997; AND TO ELECT A SUCCESSOR TO A MEMBER OF THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEAT 1, SO AS TO FILL THE TERM WHICH EXPIRED AUGUST 31, 1997.
Introduced and referred to the Committee on Judiciary.

H. 4817 -- Rep. Harvin: A CONCURRENT RESOLUTION TO RECOGNIZE THE HISTORICAL LINKS BETWEEN BARBADOS AND THE CARIBBEAN TO SOUTH CAROLINA, AND TO COMMEND ALL THOSE WHO PARTICIPATED IN THE CULTURAL EXCHANGE BETWEEN BARBADOS AND THE STATE OF SOUTH CAROLINA, INCLUDING MS. RHODA GREEN, PRESIDENT OF THE CAROLINA CARIBBEAN ASSOCIATION, FOR THEIR EFFORTS IN STRENGTHENING THE RELATIONSHIP BETWEEN THE STATE OF SOUTH CAROLINA AND THE ISLAND OF BARBADOS.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4818 -- Rep. Harvin: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING JOHN CORBETT OF MANNING ON THE OCCASION OF HIS BEING NAMED THE RECIPIENT OF THE CLARENDON COUNTY BUSINESS PERSON OF THE YEAR AWARD.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4832 -- Reps. J. Hines, Neilson and Baxley: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE DARLINGTON COUNTY COUNCILWOMAN WILHELMINA P. JOHNSON ON THE OCCASION OF HER BEING SELECTED AS A RECIPIENT OF THE WOMEN OF ACHIEVEMENT AWARD BY THE GOVERNOR'S OFFICE COMMISSION ON WOMEN.
The Concurrent Resolution was adopted, ordered returned to the House.

Senator SETZLER from the Committee on Education submitted a favorable report on:
S. 842 -- Senators Leventis, Hayes, Lander, Wilson, Giese, Mescher and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-375 THEREBY ENACTING THE SELECTIVE SERVICE REGISTRATION AWARENESS AND COMPLIANCE ACT SO AS TO PROHIBIT AN INDIVIDUAL FROM ENROLLING IN OR RECEIVING FINANCIAL ASSISTANCE TO ATTEND A STATE-SUPPORTED INSTITUTION OF POSTSECONDARY HIGHER EDUCATION UNLESS THE PERSON HAS COMPLIED WITH THE FEDERAL MILITARY SELECTIVE SERVICE ACT.
Ordered for consideration tomorrow.

Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:
S. 927 -- Senators Drummond, Martin, Alexander, Waldrep, Giese, Wilson, Saleeby, Hayes, Leatherman, Ravenel, McConnell, Land, Leventis, Moore, Holland and Cork: A CONCURRENT RESOLUTION TO COMMEND AND THANK THE RICHARD KING MELLON FOUNDATION, THE CONSERVATION FUND, DUKE ENERGY CORPORATION, THE STATE BUDGET AND CONTROL BOARD, AND THE BOARD AND DEPARTMENT OF NATURAL RESOURCES FOR THEIR ROLES IN THE STATE'S PURCHASE OF THE JOCASSEE GORGES PROPERTY AND TO REQUEST THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES TO NAME THIS PRISTINE WILDERNESS AREA THE "JIM TIMMERMAN NATURAL AREA AT JOCASSEE GORGES" IN HONOR OF DR. JAMES A. TIMMERMAN, JR., RETIRED DIRECTOR OF THE DEPARTMENT AND ONE OF THIS STATE'S MOST RESPECTED CONSERVATIONISTS.
Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable with amendment report on:
S. 994 -- 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.
Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable with amendment report on:
S. 995 -- Senators Short, Jackson and Gregory: A BILL TO AMEND TITLE 34 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING AND FINANCIAL INSTITUTIONS, BY ADDING CHAPTER 41 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF CHECK CASHING SERVICES.
Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable with amendment report on:
S. 996 -- Senators Short, Jackson and Gregory: A BILL TO AMEND SECTION 37-1-109 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHANGE OF DOLLAR AMOUNTS USED IN THE CONSUMER PROTECTION CODE, SO AS TO INCLUDE THE AMOUNT AT WHICH SUPERVISED LENDERS MUST LEND AT RESTRICTED LENDER RATES AS AN AMOUNT THAT MUST BE ADJUSTED IN ACCORDANCE WITH THIS SECTION; TO AMEND SECTION 37-3-201, RELATING TO LOAN FINANCE CHARGES FOR SUPERVISED LENDERS, SO AS TO INCREASE THE DOLLAR AMOUNT AT WHICH SUPERVISED LENDERS MUST LEND AT RESTRICTED LENDER RATES FROM SIX HUNDRED DOLLARS TO EIGHT HUNDRED DOLLARS; AND TO AMEND SECTION 37-3-305, RELATING TO THE MAXIMUM RATE SCHEDULE FILED AND POSTED BY CREDITORS, SO AS TO INCREASE THE DOLLAR AMOUNT FOR WHICH SUPERVISED LENDERS MAY NOT POST A RATE EXCEEDING THE MAXIMUM CHARGES FOR RESTRICTED LENDERS FROM SIX HUNDRED DOLLARS TO EIGHT HUNDRED DOLLARS.
Ordered for consideration tomorrow.

Senator LAND from the Committee on Transportation submitted a favorable report on:
S. 1070 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4170 RELATING TO INTERMODAL TRAILER, CHASSIS, OR CONTAINER SO AS TO PROVIDE THAT NO PERSON MAY TENDER A VEHICLE THAT IS IN VIOLATION OF FEDERAL MOTOR CARRIER SAFETY REGULATIONS TO A CARRIER OR DRIVER, TO PROVIDE FOR PUBLIC SERVICE SAFETY INSPECTIONS BY THE DEPARTMENT OF PUBLIC SAFETY UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR THE MONITORING OF ROADSIDE SAFETY INSPECTIONS.
Ordered for consideration tomorrow.

Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable report on:
S. 1082 -- Senator Peeler: A BILL TO AMEND SECTION 50-3-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPERVISION OF ENFORCEMENT OFFICERS, SO AS TO DELETE A PROVISION PERTAINING TO CONTRACTING WITH AND DISMISSAL OF ENFORCEMENT OFFICERS; AND TO AMEND SECTION 50-3-310, AS AMENDED, RELATING TO THE APPOINTMENT OF ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION, SO AS TO PROVIDE THAT AN ENFORCEMENT OFFICER MAY BE REMOVED BY THE DIRECTOR AT HIS DISCRETION.
Ordered for consideration tomorrow.

Senator LAND from the Committee on Transportation submitted a favorable report on:
S. 1084 -- Senator Land: A BILL TO AMEND SECTION 56-1-2070(B)(2)(b) OF THE 1976 CODE, RELATING TO THE COMMERCIAL MOTOR VEHICLE LICENSES, BY ADOPTING FEDERAL EXEMPTIONS ALLOWING FOR THE TRANSPORTATION OF CERTAIN HAZARDOUS WASTE MATERIALS WHICH POSE NO SUBSTANTIAL THREAT TO PUBLIC HEALTH AND SAFETY WHEN USED IN NORMAL FARMING OPERATIONS.
Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable with amendment report on:
S. 1110 -- Senators McConnell and Saleeby: A BILL TO AMEND SECTION 38-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF INSURANCE AND THE CONVERSION OF CERTAIN LICENSES TO A BIENNIAL FEE-COLLECTION PERIOD, SO AS TO PROVIDE THAT AN AGENT TRANSACTING THE BUSINESS OF INSURANCE SHALL PAY A LICENSE FEE FOR TWO YEARS TO THE DEPARTMENT WITHIN THIRTY DAYS AFTER SEPTEMBER 1, 1992, AND EVERY TWO YEARS AFTER THAT TIME WITHIN THIRTY DAYS AFTER SEPTEMBER FIRST, RATHER THAN JULY FIRST, EVERY EVEN-NUMBERED YEAR; TO AMEND SECTION 38-9-40, AS AMENDED, RELATING TO THE INSURANCE LAW, CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS, AND THE DUTY OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO NOTIFY INSURERS OF CERTAIN REQUIRED AMOUNTS, SO AS TO REQUIRE THAT A SCHEDULE OF THE REQUIRED AMOUNTS MUST BE MAINTAINED BY EACH INSURER, AND TO DELETE THE REQUIREMENT THAT THE SCHEDULE BE PUBLISHED IN ALL SUCCEEDING ANNUAL REPORTS OF THE DEPARTMENT THAT ARE SUBMITTED TO THE GENERAL ASSEMBLY THROUGH THE GOVERNOR; TO AMEND SECTION 38-45-90, AS AMENDED, RELATING TO INSURANCE BROKERS AND SURPLUS LINES INSURANCE, THE DUTIES OF BROKERS WHEN PLACING BUSINESS WITH NONADMITTED INSURERS, AND CERTAIN STATEMENTS AND REPORTS, SO AS TO, AMONG OTHER THINGS, DELETE THE REQUIREMENT THAT THE DEPARTMENT OF INSURANCE LIST ALL ELIGIBLE SURPLUS LINES INSURERS IN ITS ANNUAL REPORT TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE WHO SHALL SUBMIT THIS REPORT TO THE GENERAL ASSEMBLY; AND TO REPEAL SECTIONS 38-3-70, RELATING TO CERTAIN ANNUAL REPORTS AND RECOMMENDATIONS OF THE DEPARTMENT OF INSURANCE TO THE GENERAL ASSEMBLY, AND 38-79-10, RELATING TO THE REQUIREMENT THAT MEDICAL MALPRACTICE INSURANCE CLAIMS BE FILED BY INSURERS WITH THE DEPARTMENT OF INSURANCE.
Ordered for consideration tomorrow.

Senator SETZLER from the Committee on Education submitted a favorable report on:
H. 3601 -- Rep. Boan: A BILL 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.
Ordered for consideration tomorrow.

Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:
H. 3619 -- 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.
Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable with amendment report on:
H. 3792 -- Reps. Cato and Walker: A BILL TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISKS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT INSURERS THAT PARTICIPATE IN THE VOLUNTARY MARKET SHALL PARTICIPATE IN CERTAIN MECHANISMS PROVIDED FOR IN THIS SECTION AND SHALL PAY THEIR ASSESSMENTS, IF ANY.
Ordered for consideration tomorrow.

Senator LAND from the Committee on Transportation submitted a favorable with amendment report on:
H. 4346 -- 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.
Ordered for consideration tomorrow.

Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:
H. 4594 -- 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.
Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations submitted a favorable report on:   An invitation from SC State Firemen's Association and SC Dept. of Labor, Licensing and Regulation to attend a barbecue lunch at the Fire Academy, Monticello Rd. on Wednesday, April 1, 1998, upon adjournment and lasting until 1:00 P.M.

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington
Reese

Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from SC Optometric Assn. to attend a reception at Embassy Suites on Wednesday, April 1, 1998, from 6:30 until 8:30 P.M.

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington
Reese

Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Independent Banks of SC to attend a reception at the Capital City Club on Tuesday, April 7, 1998, from 6:00 until 8:00 P.M.

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington
Reese

S. 1118 -- Senator Setzler: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO V. ERSKINE SUBER, JR., OF CAYCE FOR HIS DEDICATED SERVICE OF OVER THIRTY-FIVE YEARS TO THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION AND THE PEOPLE OF SOUTH CAROLINA, AND WISHING HIM MANY YEARS OF HEALTH AND HAPPINESS FOLLOWING HIS RETIREMENT.
Returned with concurrence.
Received as information.

Columbia, S.C., March 2, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3337 -- Reps. D. Smith, Cato, Rice, Robinson, Govan, Beck, Tripp and F. Smith: A BILL TO AMEND SECTION 1-23-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLERK AND OTHER STAFF OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT EACH ADMINISTRATIVE LAW JUDGE MAY APPOINT, HIRE, CONTRACT, AND SUPERVISE THE SUPPORT STAFF HE IS INDIVIDUALLY ALLOTTED; AND TO AMEND SECTION 1-23-650, AS AMENDED, RELATING TO PROMULGATION OF RULES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO FURTHER PROVIDE FOR THE PROMULGATION OF RULES GOVERNING PRACTICE AND PROCEDURE BEFORE THE DIVISION.
asks for a Committee of Conference, and has appointed Reps. Young, McMaster and Delleney of the committee on the part of the House.

Very respectfully,
Speaker of the House

Whereupon, the PRESIDENT Pro Tempore appointed Senators McCONNELL, FORD and RANKIN of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Senator MARTIN assumed the Chair at 11:32 A.M.

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

The following Joint Resolution was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 4782 -- 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.
(By prior motion of Senator SALEEBY)

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

S. 1123 -- Senators Wilson, Hayes, Leventis, J. Verne Smith, Giese, Branton and Lander: A BILL 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.
(By prior motion of Senator LANDER, with unanimous consent)

S. 1115 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-65 SO AS TO PROVIDE THAT SCHOOL DISTRICTS WHICH CHOOSE TO REDUCE CLASS SIZE IN FULL-DAY KINDERGARTEN PROGRAMS AND IN GRADES ONE THROUGH THREE SHALL BE ELIGIBLE FOR CERTAIN STATE FUNDING, TO PROVIDE FOR A LOCAL MATCH REQUIREMENT, AND TO PROVIDE FOR THE IMPLEMENTATION OF THE ABOVE PROVISIONS.

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

Senator SHORT asked unanimous consent to withdraw the previously proposed amendment.
There was no objection.

Senator SHORT proposed the following amendment (EDUC\1115.6), which was adopted:
Amend the bill, as and if amended, by adding in SECTION 1 on page 2, line 19 new paragraphs to read:
/School districts which are certified by the State Board of Education as unable to implement the reduced class size due to the lack of available
facilities shall be eligible for funding for an aide for classes in kindergarten through grade three in which the pupil-teacher ratio exceeds twenty-two pupils in average daily membership. Funding for aides will be available only for schools years 1998-99 and 1999-2000 on the same basis as that for the reduced ratio. School district boards of trustees choosing to implement the use of aides must provide an on-going program of staff development for the aides. State funds for classroom aides must be used to supplement existing aides and may not supplant current local support for aides.
As used in this section, "teacher" refers to an employee possessing a professional certificate issued by the State Department of Education whose full time responsibility is instruction of students./
Amend title to conform.

Senator SHORT explained the amendment.

The amendment was adopted.

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

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

S. 950 -- Senator Bryan: A BILL TO AMEND SECTION 23-1-212, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENFORCEMENT OF STATE CRIMINAL LAWS BY FEDERAL LAW ENFORCEMENT OFFICERS, SO AS TO INCLUDE IMMIGRATION AND NATURALIZATION SERVICE SPECIAL AGENTS IN THE DEFINITION OF FEDERAL LAW ENFORCEMENT OFFICERS.

H. 4806 -- Reps. McLeod and Wilder: A BILL 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.
(By prior motion of Senator LANDER)

H. 3603 -- Reps. Allison, Rice, Barrett, Seithel, Leach, Chellis, Simrill, Hinson, Spearman, Phillips, Bailey, Cato, McCraw, Sandifer, Walker, Limbaugh, Riser, Kinon, Young, R. Smith, Easterday, Rhoad, Mason, Gamble, Harvin, Bauer, Moody-Lawrence, Miller, Stuart, Limehouse, McMaster and Battle: A BILL TO AMEND SECTION 20-7-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL CONDUCT TOWARDS A CHILD BY PERSONS HAVING CHARGE OR CUSTODY OF THE CHILD, SO AS TO SUBSTITUTE A PERSON RESIDING IN THE HOUSE OF A CHILD, OR HAVING RECURRING ACCESS TO A CHILD, OR WHO HAS BEEN GIVEN RESPONSIBILITY TO CARE FOR A CHILD IN PLACE OF A PERSON WHO IS RESPONSIBLE FOR THE CARE AND SUPPORT OF A CHILD, AND TO MAKE IT UNLAWFUL FOR A PERSON WHO HAS CHARGE OR CUSTODY OF A CHILD TO PLACE THE CHILD IN A SITUATION THAT WOULD LIKELY LEAD TO ABANDONMENT.

S. 778 -- Senator Bryan: A BILL TO AMEND VARIOUS SECTIONS OF CHAPTER 47, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC SAFETY COMMUNICATION, SO AS TO ADD APPROPRIATE DEFINITIONS; ESTABLISH A MONTHLY COMMERCIAL MOBILE RADIO SERVICE (CMRS) 911 CHARGE FOR EACH CMRS CONNECTION WITH A SOUTH CAROLINA BILLING ADDRESS OR MOBILE IDENTIFICATION NUMBER CONTAINING A SOUTH CAROLINA AREA CODE; TO ESTABLISH THE CMRS EMERGENCY TELEPHONE SERVICE BOARD AND PROVIDE FOR ITS COMPOSITION AND FUNCTIONS; TO PROVIDE FOR ALLOCATION AND DISTRIBUTION OF THE REVENUES GENERATED BY THE COLLECTION OF THE CMRS 911 CHARGES; AND TO EXEMPT CERTAIN CMRS PROVIDERS, OR SERVICE SUPPLIERS, AND THEIR OFFICERS, EMPLOYEES, ASSIGNS, OR AGENTS FROM CIVIL AND CRIMINAL LIABILITY IN CONNECTION WITH DEVELOPMENT, DESIGN, INSTALLATION, OPERATION, MAINTENANCE, PERFORMANCE, OR PROVISION OF 911 SERVICE AND PROVISION OF SUBSCRIBER INFORMATION TO GOVERNMENTAL ENTITIES.

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 (JUD0778.007), 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 23-47-10 of the 1976 Code is amended to read as follows:
"Section 23-47-10.   As used in this chapter:
(1)   '911 charge' means a fee to the local government for the 911 service start-up equipment costs, subscriber notification costs, addressing costs, billing costs, and nonrecurring and recurring installation, maintenance service, and network charges of a service supplier providing 911 service as provided in this chapter.
(2)   '911 system' or '911 service' means an emergency telephone system that provides the user of the public telephone system with the ability to reach a public safety answering point by dialing the digits 911. The term 911 system or service also includes 'enhanced 911 service', which means an emergency telephone system with 911 service, and in addition, directs 911 calls to appropriate public safety answering points by selective routing based on the geographical location from which the call originated and provides the capability for automatic number identification and automatic location identification features.
(3)   'Addressing' means the assigning of a numerical address and street name (the name may be numerical) to each location within a local government's geographical area necessary to provide public safety service as determined by the local government. This address replaces any route and box number currently in place in the '911' data base and facilitates quicker response by public safety agencies.
(4)   'Automatic location identification' means an enhanced 911 service capability that enables the automatic display of the address.
(5)   'Automatic number identification' means an enhanced 911 service capability that enables the automatic display of the telephone number used to place a 911 call.
(6)   'Basic 911 system' means a 911 system or 911 service without enhancement.
(7)   '911 plan' means a plan for the 911 system, enhanced 911 system, or an
(8)   'Customer' means the local government subscribing to 911 service from a service supplier.
(9)   'Enhanced 911 network features' means selective routing, automatic number identification, and location identification.
(10)   'Enhancement' means any addition to a 911 system such as automatic number identification, selective routing of calls, or other future technological advancements, as determined by the Public Service Commission.
(11)   'Exchange access facility' means the access from a particular telephone subscriber's premises to the telephone system of a service supplier. Exchange access facilities include service supplier provided access lines, PBX trunks, and Centrex network access registers, all as defined by the South Carolina Public Service Commission. Exchange access facilities do not include service supplier owned and operated telephone pay station lines, or wide area telecommunications service (wats), foreign exchange (fx), or incoming lines.
(12)   'Local government' means any city, county, or political subdivision of the State.
(13)   'Mapping' means the development of a computerized geographical display system of roads and structure where emergency response may be required.
(14)   'Public safety agent' means a functional agency which provides fire fighting, law enforcement, medical, or other emergency services.
(15)   'Public safety answering point' (PSAP) means a communications facility operated on a twenty-four hour basis which first receives 911 calls from persons in a 911 service area and which may directly dispatch public safety services or extend, transfer, or relay 911 calls to appropriate public safety agencies. A PSAP may be designated to primary or secondary exchange service, referring to the order in which calls are directed for answering.
(16)   'Regional systems' means the formation of two or more local governments or multi-jurisdictional systems for the purpose of jointly forming and funding 911 systems.
(17)   'Service supplier' means a person, company, or corporation, public or private, providing local exchange telephone service and subject to regulation by the South Carolina Public Service Commission.
(18)   'Tariff rate' means the recurring or nonrecurring rates billed by the service supplier as stated in the service supplier's tariff and approved by the Public Service Commission, which represents the service supplier's recurring charges for exchange access facilities, exclusive of all taxes, fees, licenses, or similar charges.
(19)   'Telephone subscriber' or 'subscriber' means a person or entity to whom exchange telephone service, either residential or commercial, is provided and in return for which the person or entity is billed on a monthly basis. When the same person, business, or organization has several telephone access lines, each exchange access facility constitutes a separate subscription.
(1)   '911 charge' means a fee for the 911 service start-up equipment costs, subscriber notification costs, addressing costs, billing costs, and nonrecurring and recurring installation, maintenance service, and network charges of a service supplier providing 911 service as provided in this chapter.
(2)   '911 system' or '911 service' means an emergency telephone system that provides the user of the public telephone system with the ability to reach a public safety answering point by dialing the digits 911. The term 911 system or service also includes 'enhanced 911 service', which means an emergency telephone system with 911 service and, in addition, directs 911 calls to appropriate public safety answering points by selective routing based on the geographical location from which the call originated and provides the capability for automatic number identification and automatic location identification features.
(3)   '911 plan' means a plan for the 911 system, enhanced 911 system, or any amendment to the plan developed by a county or municipality.
(4)   'Basic 911 system' means a system by which the various emergency functions provided by public safety agencies within each local government's jurisdiction may be accessed utilizing the three-digit number 911, but no available options of enhanced systems are included in the system.
(5)   'Enhanced 911 network features' means selective routing, automatic number identification, and location identification.
(6)   'Enhanced 911 system' means enhanced 911 service, which is a telephone exchange communications service consisting of telephone network features and public safety answering points designated by the local government which enables users of the public telephone system to access a 911 public safety communications center by dialing the digits 911. The service directs 911 calls to appropriate public safety answering points by selective routing based on the geographical location from which the call originated and provides the capability for automatic number identification and automatic location identification.
(7)   'Addressing', with respect to non-CMRS exchange access service, means the assigning of a numerical address and street name (the name may be numerical) to each location within a local government's geographical area necessary to provide public safety service as determined by the local government. This address replaces any route and box number currently in place in the '911' database and facilitates quicker response by public safety agencies.
(8)   'Automatic location identification' means an enhanced 911 service capability that enables the automatic display of information.
(9)   'Automatic number identification' means an enhanced 911 service capability that enables the automatic display of the seven-digit number used to place a 911 call.
(10)   'Board' means the CMRS Emergency Telephone Services Board established in this chapter.
(11)   'CMRS Connection' means each mobile number assigned to a CMRS customer.
(12)   'Commercial Mobile Radio Service' (CMRS) means commercial mobile service under Sections 3(27) and 332(d), Federal Telecommunications Act of 1996 (47 U.S.C. Section 151, et seq.), Federal Communications Commission Rules, and the Omnibus Budget Reconciliation Act of 1993. The term includes any wireless two-way communication device, including radio-telephone communications used in cellular telephone service, personal communication service, or the functional and/or competitive equivalent of a radio-telephone communications line used in cellular telephone service, a personal communication service, or a network radio access line. The term does not include services that do not provide access to 911 service, a communication channel suitable only for data transmission, a wireless roaming service or other nonlocal radio access line service, or a private telecommunications system.
(13)   'Customer' means the local government subscribing to 911 service from a service supplier.
(14)   'Enhancement' means any addition to a 911 system such as automatic number identification, selective routing of calls, or other future technological advancements, as determined by the Public Service Commission for non-CMRS exchange access companies.
(15)   'Exchange access facility' means the access from a particular telephone subscriber's premises to the telephone system of a service supplier. Exchange access facilities include service supplier provided access lines, PBX trunks, and Centrex network access registers, all as defined by the South Carolina Public Service Commission. Exchange access facilities do not include service supplier owned and operated telephone pay station lines, or wide area telecommunications service (wats), foreign exchange (fx), or incoming lines.
(16)   'Local government' means any city, county, or political subdivision of the State.
(17)   'Mapping' means the development of a computerized geographical display system of roads and structures where emergency response may be required.
(18)   'Public safety agent' means a functional agency which provides fire fighting, law enforcement, medical, or other emergency services.
(19)   'Public safety answering point' (PSAP) means a communications facility operated on a twenty-four hour basis which first receives 911 calls from persons in a 911 service area and which may directly dispatch public safety services or extend, transfer, or relay 911 calls to appropriate public safety agencies. A PSAP may be designated to a primary or secondary exchange service, referring to the order in which calls are directed for answering.
(20)   'Regional systems' means the formation of two or more local governments or multi-jurisdictional systems for the purpose of jointly forming and funding 911 systems.
(21)   'Selective routing' means the method employed to direct 911 calls to the appropriate public safety answering point based on the geographical location from which the call originated.
(22)   'Service subscriber' means any person, company, corporation, business, association, or party not exempt from county or municipal taxes or utility franchise assessments who is provided telephone (local exchange access facility) service in the political subdivision or CMRS service.
(23)   'Service supplier' means any person, company, or corporation, public or private, providing exchange telephone service or CMRS service to end users.
(24)   'Rate' means the recurring or nonrecurring rates billed by the service supplier, which represents the service supplier's recurring charges for exchange access facilities, exclusive of all taxes, fees, licenses, or similar charges.
(25)   'Telephone subscriber' or 'subscriber' means a person or entity to whom exchange telephone service, either residential or commercial, is provided and in return for which the person or entity is billed on a monthly basis. When the same person, business, or organization has several telephone access lines, each exchange access facility constitutes a separate subscription."
SECTION   2.   Section 23-47-50(F) of the 1976 Code is amended to read:
"(F)   Fees collected by the service supplier pursuant to this section are not subject to any tax, fee, or assessment, nor are they considered revenue of the service supplier. A monthly CMRS 911 charge is levied for each CMRS connection for which there is a mobile identification number containing an area code assigned to South Carolina by the North American Numbering Plan Administrator. The amount of the levy shall be set annually by the board at the level of the average monthly telephone (local exchange access facility) 911 charges paid in South Carolina. The board may calculate the CMRS 911 charge based upon a review of one or more months during the year preceding the calculation of telephone (local exchange access facility) charges paid in South Carolina. The CMRS 911 charge shall have uniform application and shall be imposed throughout the State; however, trunks or service lines used to supply service to CMRS providers shall not be subject to a CMRS 911 levy. The CMRS 911 charges collected by CMRS providers must be remitted to the CMRS Emergency Telephone Services Board within sixty days after the end of the month in which the fees are collected. The funds collected pursuant to this subsection are not general fund revenue of the State and must be kept in a fund separate and apart from the general fund to be expended as provided in Section 23-47-65."
SECTION   3.   Section 23-47-50 of the 1976 Code is amended by adding:
"(G)(1)   Fees collected by the service supplier pursuant to this section are not subject to any tax, fee, or assessment, nor are they considered revenue of the service supplier.
(2)   A 911 charge, including a CMRS 911 charge, shall be added to the billing by the service supplier to the service subscriber and may be stated separately.
(3)   A billed subscriber shall be liable for any 911 charge, including a CMRS 911 charge, imposed under this chapter until it has been paid to the service supplier.
(4)   The State and its political subdivisions, including the board, may pursue an action against a delinquent subscriber or service user for any remedy available at law or in equity for the collection of a debt."
SECTION   4.   Chapter 47, Title 23 of the 1976 Code is amended by adding:
"Section 23-47-65.   (A)(1)   The CMRS Emergency Telephone Services Board is created and consists of the following: the State Auditor, ex officio; the Director of the Office of Information Resources, Budget and Control Board, ex officio; two CMRS providers licensed to do business in the State; two 911 system employees; and one telephone (local exchange access facility) service supplier licensed to do business in the State. Industry representatives may recommend board members to the Governor.
(2)   All board members, except the ex officio members, must be appointed for a three-year term by the Governor with the advice and consent of the Senate. Board members may be appointed to subsequent terms.
(3)   In the event a vacancy arises, it must be filled for the remainder of the term in the manner of the original appointment.
(4)   Any board member who terminates his holding of the office or employment which qualified him for appointment shall cease immediately to be a member of the board; the person appointed to fill the vacancy shall do so for the unexpired term of the member whom he succeeds.
(5)   The board shall establish its own procedures with respect to the selection of officers, quorum, place, and conduct of meetings.
(B)   The responsibilities of the board are as follows:
(1)   The board must establish and maintain an interest-bearing account in which revenues from the CMRS 911 charge levied on CMRS connections must be deposited.
(2)   The board must manage and disburse the funds from the account in the following manner:
(a)   distribute not more than thirty-nine percent of the total monthly revenues in the interest bearing account to PSAP administrators based on CMRS 911 call volume for expenses incurred for the answering, routing, and proper disposition of CMRS 911 calls;
(b)   hold and distribute not less than fifty-seven percent of the total monthly revenues in the interest-bearing account solely for the purposes of complying with applicable requirements of FCC docket #94-102. These funds may be utilized by the PSAP and the CMRS providers licensed to do business in this State for the following purposes in connection with compliance with the FCC requirements: upgrading, acquiring, maintaining, programming, and installing necessary data, hardware, and software. Invoices detailing specific expenses for these purposes must be presented to the board in connection with any request for reimbursement, and the request must be approved by a majority vote of the board. Any invoices presented to the board for reimbursements of costs not described by this section may be approved only by a unanimous vote of the board, but in no event shall reimbursement be made for costs unrelated to compliance with applicable requirements of FCC docket #94-102;
(c)   utilize an amount not to exceed two percent of the monthly fees collected to compensate the independent auditor provided for herein and for expenses which the board is authorized to incur by contract, or otherwise, for provision of any administrative, legal, support, or other services to assist the board in fulfilling its responsibilities under this act;
(d)   submit annual reports to the State Auditor's office outlining fees collected and monies disbursed to PSAP and CMRS providers, and submit annual reports outlining monies disbursed for operations of the board;
(e)   retain an independent, private auditor, as provided in the Consolidated Procurement Code, for the purposes of receiving, maintaining, and verifying the accuracy of any proprietary information submitted to the board by CMRS providers or PSAP's, and assisting the board in its duties, including its annual calculation of the average 911 charges pursuant to Section 23-47-50(f) and in any cost studies it may conduct. Due to the confidential and proprietary nature of the information submitted by CMRS providers, the information may not be released to a party other than the State Auditor and is expressly exempt from disclosure pursuant to Chapter 4 of Title 30. The information collected by the auditor shall only be released in aggregate amounts that do not identify or allow identification of numbers of subscribers or revenues attributable to an individual CMRS provider;
(f)   annually calculate the average 911 charge as provided in Section 23-47-50(F);
(g)   conduct a cost study to be submitted to the House Ways and Means Committee and Senate Finance Committee one year from the effective date of this section and thereafter at the board's discretion. The board may include any information it deems appropriate to assist the General Assembly in determining whether future legislation is necessary or appropriate, but the report must include information to assist in determining whether to adjust the CMRS 911 charge to reflect actual costs incurred by PSAP's or CMRS providers for compliance with applicable requirements of FCC docket #94-10.
(3)   The board must take appropriate measures to maintain the confidentiality of the proprietary information described in Section 23-47-65(B)(2)(e). This information may be disclosed to board members only in the event a dispute arises with respect to the board's discharge of its responsibilities under Section 23-47-65(B)(2) which necessitates such disclosure. The information shall also be exempt from disclosure pursuant to Chapter 4 of Title 30. Members of the board may not disclose the information to any third parties, including their employers.
(4)   The board must take appropriate measures to see that all CMRS service suppliers comply with the requirements of Section 23-47-50(F).   (C)   CMRS providers are entitled to retain two percent of the fees collected as reimbursement for collection and handling of the CMRS 911 charge."
SECTION   5.   Section 23-47-70 of the 1976 Code is amended by adding:
"(C)   Notwithstanding any other provision of law, in no event shall any CMRS service supplier or its officers, employees, assigns, or agents be liable for civil damages or criminal liability in connection with the development, design, installation, operation, maintenance, performance, or provision of 911 service unless such event was the result of reckless, willful, or wanton conduct of the CMRS service supplier or its officers, employees, assigns, or agents.
No CMRS service supplier or its officers, employees, assigns, or agents shall be liable for civil damages or criminal liability in connection with the release of subscriber information to any governmental entity as required under the provisions of this chapter."
SECTION   6.   If any provision of this act or the application thereof is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
SECTION   7.   This act takes effect upon approval by the Governor, with the board commencing operations on August 1, 1998, and CMRS collection of surcharges commencing on November 1, 1998./
Amend title to conform.

Senator BRYAN 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.

S. 1069 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-455, SO AS TO AUTHORIZE THE STATE ELECTION COMMISSION TO ESTABLISH, IN COOPERATION WITH THE FEDERAL VOTING ASSISTANCE PROGRAM, A PILOT PROJECT FOR THE PURPOSE OF PERMITTING ARMED FORCES PERSONNEL AND OVERSEAS CITIZENS TO TRANSMIT THEIR VOTES BY USE OF AN ELECTRONIC MEDIUM USING THE INTERNET, TO PROVIDE THAT THE PILOT PROJECT TERMINATES DECEMBER 31, 2000, TO REQUIRE THE STATE ELECTION COMMISSION TO REPORT THE RESULTS OF THE PILOT PROJECT AND RECOMMEND TO THE GENERAL ASSEMBLY POSSIBLE FUTURE APPLICATIONS WHICH MAY BE UTILIZED FOR VOTING BY ELECTRONIC MEANS USING THE INTERNET; AND TO REPEAL SECTION 7-15-455, EFFECTIVE DECEMBER 31, 2000.

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 (JUD1069.001), which was adopted:
Amend the bill, as and if amended, page 2, beginning on line 11, in Section 7-15-455(B) as contained in SECTION 1, by striking lines 11 through 13 in their entirety and inserting therein the following:
/penalty for following these procedures. Votes transmitted to the election authority over an electronic medium using the Internet are subject to a recount or election contest but not on the ground that the vote is invalid or suspect because it was cast using the Internet."/
Amend title to conform.

Senator COURTNEY 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.

H. 3421 -- Rep. Davenport: A BILL 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; TO AMEND SECTION 20-7-540, AS AMENDED, RELATING TO IMMUNITY FROM LIABILITY FOR GOOD FAITH REPORTING OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT THERE IS NO IMMUNITY IF A PERSON DOES NOT ACT IN GOOD FAITH OR ACTS MALICIOUSLY IN MAKING A REPORT.

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 (JUD3421.001), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 31, in Section 20-7-567(B), as contained in SECTION 1, by inserting after the word /fined/ the following:
/ not more than /.
Amend title to conform.

Senator COURTNEY 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.

H. 3857 -- Rep. Felder: A BILL TO AMEND SECTION 20-7-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONAL ABUSE AND NEGLECT, SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO INVESTIGATE SUCH ABUSE AND NEGLECT, TO PROVIDE THE DEPARTMENT WITH THE POWERS PROVIDED FOR INVESTIGATION OF ABUSE AND EXPLOITATION OF VULNERABLE ADULTS, AND TO REMOVE FROM THE OMBUDSMAN IN THE OFFICE OF THE GOVERNOR AND ASSIGN TO THE DEPARTMENT THE AUTHORITY TO INVESTIGATE ALLEGATIONS OF ABUSE AND NEGLECT OCCURRING IN HEALTH FACILITIES LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR OPERATED BY THE DEPARTMENT OF MENTAL HEALTH.

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 (JUD3857.001), 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 20-7-670 of the 1976 Code, as last amended by Act 132 of 1997, is further amended to read:
"Section 20-7-670.   (A)   The Department of Social Services is authorized to receive and investigate reports of abuse and neglect in residential institutions and foster homes. In no case does the Department of Social Services have responsibility for investigating allegations of abuse and neglect in institutions operated by the Department of Social Services. The department shall have the investigative powers provided for in Article 1, Chapter 35 of Title 43, including the ability to seek a warrant of inspection from the family court. The department is not authorized to receive and investigate reports of abuse and neglect in institutions operated by the department or by the Department of Juvenile Justice.
(B)   The Department of Social Services is authorized to receive and investigate reports of abuse and neglect occurring in foster homes supervised by or recommended for licensing by the department or by child placing agencies to determine whether the report is indicated or unfounded. Indicated reports must be based upon a finding that abuse or neglect is supported by a preponderance of the evidence available to the department. The determination that a report is indicated may be appealed as provided in Section 20-7-655. Responsibility for investigating the department's foster homes must be assigned to a unit or units not responsible for selecting or licensing its foster homes.
(C)   The department shall promulgate regulations consistent with this authority. The regulations shall cover at a minimum investigation of reports, notice to the institutions and sponsoring agencies, and remedial action.
(D)   The State Law Enforcement Division is authorized to receive and investigate reports of institutional abuse and neglect alleged to have occurred in any institution or foster home operated by the Department of Juvenile Justice and any institution or day care facility operated by the Department of Social Services. The State Law Enforcement Division may promulgate regulations consistent with this authority to investigate these reports and take remedial action, if necessary.
(E)   The Department of Social Services may initiate proceedings in the circuit court to enjoin the operations of a foster home, an institution, or a child placing agency or to require other corrective action if necessary for the safety of the children. The department shall take whatever steps it considers necessary to inform potential reporters of abuse and neglect of its responsibilities under this section.
(F)   Notwithstanding the provisions of subsection (A) or any other provision of this article, the Department of Social Services may not investigate an allegation of abuse or neglect of a child where the child is in the custody of or a resident of a public or private health facility, institution, or agency licensed by the Department of Health and Environmental Control or operated by the Department of Mental Health. These allegations of abuse and neglect must be investigated by the ombudsman of the Office of the Governor pursuant to Article 1, Chapter 35, Title 43, and Chapter 38, Title 43.
(G) (F)   When the investigation performed pursuant to this section results in a determination that an individual has harmed a child or threatened a child with harm as defined in Section 20-7-490, the name of that individual immediately must be entered in the Central Registry of Child Abuse and Neglect. The department must notify the individual in writing by certified mail that his name has been entered in the registry, of his right to request an appeal of the decision to enter his name in the registry, and of the possible consequences to future employment and licensing if he allows his name to remain in the registry. The procedures set out in Section 20-7-655 apply when an individual challenges the entry of his name in the registry, and challenges of the entry in the registry pursuant to this subsection must be given expedited review in the appeals process."
SECTION   2.   This act takes effect sixty days after approval by the Governor./
Amend title to conform.

Senator COURTNEY 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.

H. 3974 -- Reps. Campsen, Seithel, Woodrum, Altman and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1635 SO AS TO PROHIBIT PLACING A MINOR IN A FOSTER HOME IF THE MINOR HAS BEEN ADJUDICATED OR CONVICTED OF OR PLED GUILTY TO A SEX OFFENSE, AND TO PROVIDE AN EXCEPTION FOR PLACEMENT IN A THERAPEUTIC FOSTER HOME IF NO OTHER MINORS ARE IN THE HOME.

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 (JUD3974 .001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION   1.   The 1976 Code is amended by adding:
"Section 20-7-1635.   No agency may place a minor in a foster home if the agency has actual knowledge that the minor has been adjudicated delinquent for, or has pled guilty or nolo contendere to, or has been convicted of a sex offense, unless the placement is in a therapeutic foster home or unless the minor is the only child in the foster home at the time of placement and for the length of that minor's placement in the foster home. Notwithstanding this provision, the placing agency may petition the court for an order allowing the minor to be placed in a foster home, other than a therapeutic home, if good cause is shown. Good cause shall include, but not be limited to, the fact that the minor is being placed in a home with his siblings.
The placing agency must inform the foster parent in whose home the minor is placed of that minor's prior history of a sex offense. For purposes of this section the term 'sex offense' means:
(1)   criminal sexual conduct in the first degree, as provided in Section 16-3-652;
(2)   criminal sexual conduct in the second degree, as provided in Section 16-3-653;
(3)   criminal sexual conduct in the third degree, as provided in Section 16-3-654;
(4)   criminal sexual conduct with minors in the first degree, as provided in Section 16-3-655(1);
(5)   criminal sexual conduct with minors in the second degree, as provided in Section 16-3-655(2) and (3);
(6)   engaging a child for a sexual performance, as provided in Section 16-3-810;
(7)   producing, directing, or promoting sexual performance by a child, as provided in Section 16-3-820;
(8)   assault with intent to commit criminal sexual conduct, as provided in Section 16-3-656;
(9)   incest, as provided in Section 16-15-20;
(10)   buggery, as provided in Section 16-15-120;
(11)   committing or attempting lewd act upon child under sixteen, as provided in Section 16-15-140;
(12)   violations of Article 3, Chapter 15 of Title 16 involving a child when the violations are felonies;
(13)   accessory before the fact to commit an offense enumerated in this item and as provided for in Section 16-1-40;
(14)   attempt to commit any of the offenses enumerated herein; or
(15)   any offense for which the judge makes a specific finding on the record that based on the circumstances of the case, the minor's offense should be considered a sex offense."
SECTION   2.   This act takes effect upon approval of the Governor./
Amend title to conform.

Senator COURTNEY 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.

S. 1127 -- Senators Martin, Alexander, Fair, Waldrep, Thomas, J. Verne Smith, Ryberg, Wilson, Anderson, Hutto and Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-7-15 SO AS TO PROHIBIT A ZONING ORDINANCE OF A MUNICIPALITY OR COUNTY FROM PROHIBITING CHURCH RELATED ACTIVITIES IN A SINGLE-FAMILY RESIDENCE.

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

Senator MARTIN proposed the following amendment (1127R001.LAM), which was adopted:
Amend the bill, as and if amended, page 1, after line 26, by adding an appropriately numbered new SECTION to read:
/SECTION   _____.   Chapter 29, Title 6 of the 1976 Code is amended by adding:
"Section 6-29-715. (A)   For purposes of this section, 'church related activities' does not include regularly scheduled worship services.
(B)   Notwithstanding any other provision of law, no zoning ordinance of a municipality or county may prohibit church related activities in a single-family residence."/
Renumber sections to conform.
Amend title to conform.

Senator WALDREP explained the amendment.

The amendment was adopted.

Senator MARTIN spoke on the Bill.

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

On motion of Senator LANDER, S. 1127 was ordered to receive a third reading on Friday, March 20, 1998.

S. 1127 -- Senators Martin, Alexander, Fair, Waldrep, Thomas, J. Verne Smith, Ryberg, Wilson, Anderson, Hutto and Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 6-7-15 SO AS TO PROHIBIT A ZONING ORDINANCE OF A MUNICIPALITY OR COUNTY FROM PROHIBITING CHURCH RELATED ACTIVITIES IN A SINGLE-FAMILY RESIDENCE.

On motion of Senator MARTIN, with unanimous consent, the names of Senators COURSON, BRANTON, GIESE and MESCHER were added as co-sponsors of the Bill.

H. 4773 -- Reps. A. Harris, 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, 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 INVITING THE WINNERS OF THE 1998 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1998 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 15, 1998, AT 12:00 NOON AND TO RECOGNIZE AND COMMEND THE 1998 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.

S. 1124 -- Senator Lander: A BILL 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 TO REQUIRE 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.

Senator LANDER asked unanimous consent to commit the Bill to the Newberry County Delegation.
There was no objection.

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

H. 4649 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, OFFICE OF RESEARCH AND STATISTICS, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SUBMISSION OF AMBULATORY ENCOUNTER DATA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2237, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator DRUMMOND, the Bill was recalled from the Senate Finance Committee.

On motion of Senator DRUMMOND, the Bill was referred to the Committee on Medical Affairs.

S. 947 -- 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.

Senator RYBERG asked unanimous consent to make a motion that the Bill be given a second reading with notice of general amendments on third reading, carrying over all amendments to third reading.
Senator McCONNELL objected.

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

On motion of Senator LAND, with unanimous consent, the following appointment was read in open session:

Having received a favorable report from the Committee on Transportation, the following appointment was confirmed in open session:

Reappointment, Scenic Highways Committee, with term to commence July 14, 1998, and to expire July 14, 2000:
Tourism:
Ms. Martha R. Dusenbury, 861 Park Avenue, Florence, S.C. 29501

On motion of Senator HOLLAND, with unanimous consent, the following appointment was read in open session:

Having received a favorable report from the Committee on Judiciary, the following appointment was confirmed in open session:

Initial Appointment, Third Judicial Circuit Solicitor, with term to commence January 11, 1995, and to expire January 13, 1999:
Honorable Arthur H. Wilder, Jr., 25 South Magnolia Street, Sumter, S.C. 29150 VICE Wade S. Kolb, Jr. (resigned)

On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Miss Courtney LaRaine Koon, age 10, of Lexington, S.C., beloved daughter of Samuel and Elizabeth Spires Koon.

Senator DRUMMOND moved that, when the Senate adjourns on Friday, March 20, 1998, it stand adjourned to meet next Tuesday, March 24, 1998, at 12:00 Noon, which motion was adopted.

At 12:02 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

This web page was last updated on Monday, June 29, 2009 at 10:43 A.M.