Indicates Matter Stricken
Indicates New Matter

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

Beloved, we read a text from the New Revised Standard Version of Isaiah 54 (2-3a):
"Enlarge the site of your tent, and let the curtains of your habitations be stretched out; do not hold back;
Lengthen your cords and strengthen your stakes.
For you will spread out to the right and to the left..."
Let us pray.
Our Father, we, too, are forging and fashioning our future.
Help us to join the iron of our people's will, and character, and hopes and prayers to the creative heat of the vision of what South Carolina ought to become.
Help us to adjust to the swiftness of change and not be awed but energized by the complexity of the issues we face.
To that end, O Lord, renew our patience, restore our strength, reawaken our faith, and fulfill our dreams!
Amen.

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

On motion of Senator MOORE, the following appointments on the desk which were reported out of the Executive Session of Wednesday, May 6, 1998, and pending confirmation were carried over.

Senator McCONNELL asked unanimous consent to make a motion that the list of the appointments which were carried over be published in the Journal as follows:

Having received a favorable report from the Committee on Education, the following appointments were taken up for consideration and carried over:

Reappointment, South Carolina Arts Commission, with term to commence June 30, 1998, and to expire June 30, 2001:
At-Large:
Ms. Judith W. Cooter, 700 McDaniel Avenue, Greenville, S.C. 29605

Reappointment, South Carolina Arts Commission, with term to commence June 30, 1998, and to expire June 30, 2001:
At-Large:
Eligio Maoli, Ph.D., Maoli Consolidated Enterprises, Inc., 1201 Hampton Street, #2A-3, Columbia, S.C. 29201

Reappointment, South Carolina Arts Commission, with term to commence June 30, 1998, and to expire June 30, 2001:
At-Large:
Ms. Sybil M. Whitenburg, 315 West Passage, Lexington, S.C. 29072

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

Initial Appointment, John De La Howe School Board of Trustees, with term to commence April 1, 1993, and to expire April 1, 1998:
At-Large:
Ms. Frances P. Lindler, 30 Press Lindler Road, Columbia, S.C. 29212 VICE Irby Schultz (resigned)

Reappointment, John De La Howe School Board of Trustees, with term to commence April 1, 1998, and to expire April 1, 2003:
At-Large:
Ms. Frances P. Lindler, 30 Press Lindler Road, Columbia, S.C. 29212

On motion of Senator MARTIN, the following appointments on the desk which were reported out of the Executive Session of Wednesday, May 6, 1998, and pending confirmation were carried over.

Having received a favorable report from the General Committee, the following appointments were taken up for consideration and carried over:

Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 1998, and to expire May 19, 2002:
6th Congressional District:
Ms. Barbara D. Leonard, 1330-A Damon Drive, Florence, S.C. 29505 VICE Robert M. Harrelson

Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 1998, and to expire May 19, 2002:
4th Congressional District (Blind):
Reverend Oliver H. Willis, 209 Demos Drive, Roebuck, S.C. 29376 VICE Donald K. League

Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 1996, and to expire May 19, 2000:
At-Large:
Mr. Reginald D. Wilson, Jr., 4100 Sandwood Drive, Columbia, S.C. 29206 VICE Oliver H. Willis (As At-Large member)

Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 1998, and to expire May 19, 2002:
5th Congressional District (Blind):
Mr. Christopher B. Yates, 605 Harlington Circle, Hartsville, S.C. 29550 VICE Stella G. Williams

Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 1997, and to expire May 19, 2001:
2nd Congressional District:
V. Al Pakalnis, M.D., 1625 Heyward Street, Columbia, S.C. 29205 VICE Earline S. Gardner

On motion of Senator MOORE, the following appointments on the desk which were reported out of the Executive Session of Wednesday, May 6, 1998, and pending confirmation were carried over.
Having received a favorable report from the Committee on Judiciary, the following appointments were taken up for consideration and carried over:

Reappointment, State Human Affairs Commission, with term to commence June 30, 1998, and to expire June 30, 2001:
5th Congressional District:
Mr. Robert A. Reagan, 2441 Jerico Road, Sumter, S.C. 29153

Reappointment, South Carolina Workers' Compensation Commission, with term to commence June 30, 1998, and to expire June 30, 2004:
At-Large:
Mr. W. Lee Catoe, 9813 Highgate Road, Columbia, S.C. 29223

Reappointment, Director of the State Accident Fund, with term to commence June 11, 1998, and to expire June 11, 2004:
Mr. Irvin D. Parker, 2712 Wilmot Avenue, Columbia, S.C. 29205

Having received a favorable report from the Committee on Labor, Commerce and Industry, the following appointments were taken up for consideration and carried over:

Reappointment, Jobs Economic Development Authority, with term to commence July 27, 1998, and to expire July 27, 2001:
6th Congressional District:
Mr. Chester A. Duke, Post Office Box 929, Marion, S.C. 29571

Reappointment, Jobs Economic Development Authority, with term to commence July 27, 1997, and to expire July 27, 2000:
2nd Congressional District:
Ms. Sandra R. Corbitt, 4131 Chesterfield Drive, Columbia, S.C. 29202-1874

Reappointment, Jobs Economic Development Authority, with term to commence July 27, 1998, and to expire July 27, 2001:
1st Congressional District:
Mr. J. Charles Northcutt, Post Office Box 794, Mt. Pleasant, S.C. 29465

Reappointment, Jobs Economic Development Authority, with term to commence July 27, 1997, and to expire July 27, 2000:
5th Congressional District:
Mr. Terry B. Wiley, 1939 South Paraham Road, York, S.C. 29745

Reappointment, South Carolina State Housing Finance and Development Authority, with term to commence August 15, 1997, and to expire August 15, 2001:
At-Large:
Mr. Eddie C. Bines, Post Office Box 325, Jamestown, S.C. 29453

Reappointment, South Carolina State Housing Finance and Development Authority, with term to commence August 15, 1998, and to expire August 15, 2002:
At-Large:
Mr. Eugene C. Spivey, Post Office Box 570, Conway, S.C. 29528

Reappointment, South Carolina State Housing Finance and Development Authority, with term to commence August 15, 1997, and to expire August 15, 2001:
At-Large:
Mr. James J. Kerr, 2745 Canter Lane, Johns Island, S.C. 29455

Reappointment, South Carolina Real Estate Appraisers Board, with term to commence May 31, 1998, and to expire May 31, 2001:
Appraiser-General:
Mr. Herbert R. Sass, III, 719 Milldenhall Road, Mt. Pleasant, S.C. 29464

Reappointment, South Carolina Real Estate Appraisers Board, with term to commence May 31, 1998, and to expire May 31, 2001:
Real Estate:
Mr. Dan M. Sallé, 1212 Haywood Road, Greenville, S.C. 29615

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

Reappointment, State Board of Social Work Examiners, with term to commence November 27, 1998, and to expire November 27, 2002:
Independent:
Ms. Jane A. Anker, 155 Jefferson Place, Columbia, S.C. 29212-3131

Initial Appointment (for this category), South Carolina Board of Occupational Therapy, with term to commence September 30, 1996, and to expire September 30, 1999:
Therapist:
Ms. Janine P. Turner, 1930 Twickenham Place, Mt. Pleasant, S.C. 29464 VICE Jan R. Martin (resigned)

Initial Appointment, Disciplinary Panel for Massage/Bodywork, with term to commence June 30, 1997, and to expire June 30, 1999:
Therapist:
Mr. Joseph M. Norris, YMCA, 1420 Sumter Street, Columbia, S.C. 29201

Initial Appointment, Advisory Panel for Massage/Bodywork, with term to commence June 30, 1997, and to expire June 30, 2001:
Therapist:
Ms. Kathleen M. Fuller, Massage & Body Therapy, 23 Hunters Point Drive, Lugoff, S.C. 29078

Reappointment, State Board of Barber Examiners, with term to commence June 30, 1998, and to expire June 30, 2002:
Master Barber:
Ms. Betty J. Thompson, 118 Endless Drive, Greer, S.C. 29651

Initial Appointment, State Board of Barber Examiners, with term to commence June 30, 1997, and to expire June 30, 2001:
Public:
Mr. Frederick M.G. Evans, 326 Old Brass Road, Columbia, S.C. 29223 VICE Ben J. DeLuca, Jr.

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

Reappointment, Residential Builders Commission, with term to commence June 30, 1998, and to expire June 30, 2002:
6th Congressional District-Builder:
Mr. John C. Curl, John C. Curl Company, Inc., Post Office Box 4815, Florence, S.C. 29502

Having received a favorable report from the Committee on Medical Affairs, the following appointments were taken up for consideration and carried over:

Reappointment, South Carolina Board of Long Term Health Care Administrators, with term to commence June 9, 1997, and to expire June 9, 2000:
Nursing Home Administrator-Proprietary:
Mrs. Ethel L. Hughes, Abbeville Nursing Home Inc., Post Office Box 190, Abbeville, S.C. 29620

Initial Appointment, South Carolina Board of Long Term Health Care Administrators, with term to commence June 9, 1996, and to expire June 9, 1999:
Residential Care Administrator-Proprietary:
Ms. Merry Anne Gaddy, 212 Lakeview Drive, Summerville, S.C. 29485 VICE Walter E. Hickman, Jr. (as Residential Care Administrator only)

Reappointment, South Carolina Board of Long Term Health Care Administrators, with term to commence June 9, 1997, and to expire June 9, 2000:
Residential Care Administrator-Nonprofit:
Ms. Betty K. Tolbert, Grady H. Hipp Nursing Center, 661 Rutherford Road, Greenville, S.C. 29609

Reappointment, Advisory Board for the Autism Division of the Department of Disabilities and Special Needs, with term to commence June 30, 1997, and to expire June 30, 2001:
1st Congressional District:
Mr. William J. Walker, 172 Waccamaw Road, Georgetown, S.C. 29440

Initial Appointment, Advisory Board to the Head and Spinal Cord Injury Division of the Department of Disabilities and Special Needs, with term to commence June 30, 1993, and to expire June 30, 1997:
At-Large:
Mr. Charles L. McLafferty, 1587 Tolly Ganly Circle, Orangeburg, S.C. 29118

Initial Appointment, Advisory Board to the Head and Spinal Cord Injury Division of the Department of Disabilities and Special Needs, with term to commence June 30, 1996, and to expire June 30, 2000:
4th Congressional District:
Mr. David L. White, 516 Hodgens Drive, Travelers Rest, S.C. 29690

Reappointment, Drycleaning Advisory Council, with term to commence June 30, 1998, and to expire June 30, 2000:
Dry Clean Ind.:
Mr. R.E. Robinson, III, Ed Robinson Laundry & Cleaners, Inc., 2551 Forest Drive, Columbia, S.C. 29204

Having received a favorable report from the Committee on Transportation, the following appointments were taken up for consideration and carried over:

Reappointment, South Carolina State Ports Authority, with term to commence February 13, 1998, and to expire February 13, 2005:
At-Large:
Mr. William L. Bethea, Jr., 14 Brams Point Road, Hilton Head Island, S.C. 29926

Reappointment, Scenic Highways Committee, with term to commence July 14, 1998, and to expire July 14, 2000:
Farm:
Ms. Betty J. DeWitt, 4633 Hoffmeyer Road, Darlington, S.C. 29532

Reappointment, Scenic Highways Committee, with term to commence July 14, 1998, and to expire July 14, 2000:
Hotel/Motel:
Ms. Laura D. Simons, 3625 Coleman Street, Columbia, S.C. 29205

Reappointment, Scenic Highways Committee, with term to commence July 14, 1998, and to expire July 14, 2000:
Outdoor Advertising:
Mr. Douglas W. McFarland, MAC Advertising Inc., Post Office Box 31463, Charleston, S.C. 29417

Reappointment, Scenic Highways Committee, with term to commence July 14, 1998, and to expire July 14, 2000:
Parks and Recreation:
Mr. Paul B. Ellis, III, City of Greenville, Post Office Box 2207, Greenville, S.C. 29602

The following was received:

Document No. 2227
Promulgated by Department of Education
Superior Scholars for Today and Tomorrow (STAR) High School Diploma/Scholarship
Received by Lt. Governor January 14, 1998
Referred to Senate Committee on Education
120 day review expiration date (revised) July 20, 1998
Subject to Sine Die Revision
Withdrawn and resubmitted May 19, 1998

Senator THOMAS rose to a Point of Personal Privilege.

Senator PASSAILAIGUE rose for an Expression of Personal Interest.

Senator DRUMMOND rose for an Expression of Personal Interest.

Senator GIESE rose for an Expression of Personal Interest.

S. 1233 -- Senator Hutto: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS, SO AS TO COMBINE AREA NO. 4 AND AREA NO. 8 IN ORANGEBURG COUNTY.

Senator HUTTO asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.

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

Senator HUTTO asked unanimous consent to give the Bill a second reading.
There was no objection.

On motion of Senator HUTTO, with unanimous consent, S. 1233 was ordered to receive a third reading on Wednesday, May 20, 1998.

H. 4119 -- Reps. Miller, Edge, G. Brown, Whipper, Seithel, Mullen, Hawkins, Delleney, Meacham, M. Hines, Kelley, Cotty, Inabinett, Walker, McMahand, Sheheen, McCraw, Battle, Phillips, T. Brown, Kennedy, Neal, Keegan, Rhoad, Govan, Witherspoon, Whatley, Fleming, Carnell, Knotts, Webb, Cromer, Lee, F. Smith, Allison, McLeod, J. Brown, Byrd, Boan, Hodges, Stille, Maddox, Townsend, Sandifer, Cave, Barrett, Riser, Moody-Lawrence, Robinson, D. Smith, Gourdine, Harvin, Bauer and Martin: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 14, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO INDEBTEDNESS PAYABLE FROM REVENUE-PRODUCING PROJECTS AND FROM SPECIAL SOURCES, SO AS TO AUTHORIZE THE GENERAL ASSEMBLY TO PROVIDE BY LAW FOR THE INCURRANCE OF INDEBTEDNESS BY COUNTIES FOR REDEVELOPMENT PURPOSES AND TO PROVIDE FOR THE DEBT SERVICE OF SUCH INDEBTEDNESS TO BE PROVIDED FROM THE ADDED INCREMENT OF TAX REVENUES TO RESULT FROM THE PROJECT.

Senator RAVENEL asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Finance.
There was no objection.

Senator RAVENEL asked unanimous consent to give the Joint Resolution a second reading.
Senator THOMAS objected.

On motion of Senator RAVENEL, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4120 -- Rep. Miller: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 7 TO TITLE 31 SO AS TO PROVIDE FOR THE ISSUANCE OF INDEBTEDNESS BY COUNTIES IN CONNECTION WITH REDEVELOPMENT PROJECTS AND THE PAYMENT OF SUCH INDEBTEDNESS FROM ADDED INCREMENTS OF TAX REVENUES.

Senator RAVENEL asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.

Senator RAVENEL asked unanimous consent to give the Bill a second reading.
Senator THOMAS objected.

On motion of Senator RAVENEL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4621 -- Reps. Boan, Knotts and McLeod: A BILL TO AMEND SECTION 9-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCIDENTAL DEATH BENEFIT PENSION UNDER THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO REQUIRE THE BENEFITS PAID UNDER THIS PROGRAM TO BE ADJUSTED TO REFLECT INCREASES IN THE COST OF LIVING IN THE MANNER BENEFIT PAYMENTS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM ARE SO ADJUSTED.

Senator DRUMMOND asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.

On motion of Senator DRUMMOND, with unanimous consent, the Bill was ordered placed on the Calendar.

The following were introduced:

S. 1239 -- Senators Jackson and Patterson: A CONCURRENT RESOLUTION TO HONOR THE SELFLESS DEVOTION OF MRS. ANNA MAE DICKSON OF COLUMBIA TO HER CITY, HER COMMUNITY, AND ITS CHILDREN, AND TO EXPRESS THE DEEP SORROW OF THIS STATE AT HER DEATH ON SUNDAY, MAY 17, 1998.
The Concurrent Resolution was adopted, ordered sent to the House.

H. 4916 -- Rep. Boan: A BILL TO AMEND SECTION 4-35-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE PUBLIC WORKS IMPROVEMENT ACT, SO AS TO FURTHER DEFINE "IMPROVEMENTS" TO INCLUDE RECREATIONAL AND OTHER FACILITIES FOR PUBLIC USE AND CERTAIN OTHER FACILITIES DESIGNATED AS PUBLIC WORKS OR A SYSTEM OF RELATED PROJECTS ELIGIBLE FOR REVENUE BOND FINANCING, TO EXCLUDE CONSIDERATION OF IMPROVEMENTS FROM "ASSESSMENT" FOR PURPOSES OF THE ACT, AND TO MAKE THE ASSESSMENT PERMANENT ABSENT A PROVISION IN THE IMPROVEMENT PLAN ALLOWING REASSESSMENT UPON LATER SUBDIVISION AND TRANSFER OF REAL PROPERTY; TO AMEND SECTION 4-35-40, RELATING TO FINANCING OF IMPROVEMENTS, SO AS TO PROVIDE FOR REVENUE BONDS OF THE COUNTY AS A FINANCING MECHANISM; TO AMEND SECTION 4-35-50, RELATING TO FINDINGS REQUIRED FOR ESTABLISHMENT OF AN IMPROVEMENT DISTRICT, SO AS TO INCLUDE AN ALTERNATIVE FINDING OF PROMOTION OF PROPERTY DEVELOPMENT AND IMPROVEMENT OF PROPERTY VALUES; AND TO AMEND SECTION 4-35-80, RELATING TO FINANCING OF IMPROVEMENTS, SO AS TO INCLUDE REVENUE BONDS OF THE COUNTY AND TO PROVIDE THAT ASSESSMENTS CONSTITUTE REVENUES OF THE SYSTEM FOR PURPOSES OF CHAPTER 21, TITLE 6, THE REVENUE BOND ACT FOR UTILITIES.
Read the first time and referred to the Committee on Finance.

H. 5140 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ENVIRONMENTAL PROTECTION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2281, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.

H. 5142 -- Rep. Felder: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, COMMITTEES, AND COMMISSIONS FROM THE LEGISLATIVE DELEGATION REPRESENTING CALHOUN COUNTY TO THE GOVERNING BODY OF CALHOUN COUNTY.
Read the first time and ordered placed on the local and uncontested Calendar without reference.

H. 5145 -- Reps. Klauber, Carnell and McAbee: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND MANY FRIENDS OF THE LATE MRS. ELEANOR METTS MUNDY OF GREENWOOD COUNTY, PUBLISHER AND BOARD CHAIRMAN OF THE INDEX-JOURNAL.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 5146 -- Rep. McMahand: A CONCURRENT RESOLUTION TO RECOGNIZE THE REVEREND SAMUEL NILES MADDEN, PASTOR OF MT. ZION BAPTIST CHURCH IN FOUNTAIN INN, FOR HIS THIRTY-FIVE YEARS OF DEVOTED PASTORAL SERVICE AND HIS DEDICATION TO CHRISTIAN EDUCATION THROUGH HIS LEADERSHIP IN THE CONGRESS OF CHRISTIAN EDUCATION AND THE TUMBLING SHOALS ASSOCIATION.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 5147 -- Rep. McKay: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO DAVE THOMAS OF "WENDY'S" FAME FOR THE EXTRAORDINARILY GOOD WORKS HE DOES FOR LOCAL CHARITIES THROUGH THE DAVE THOMAS INVITATIONAL GOLF TOURNAMENT AT THE WOODLANDS COUNTRY CLUB IN COLUMBIA.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 5155 -- Rep. Scott: A CONCURRENT RESOLUTION TO COMMEND MR. ROOSEVELT SANDY GILLIAM FOR HIS MANY ACCOMPLISHMENTS AND SERVICE TO THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 5156 -- Reps. Govan, Sharpe, Stuart, Felder, Cobb-Hunter, 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, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gourdine, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING AND THANKING CHESTER J. TOMSON, JR., FOR HIS DEDICATED SERVICE AS COUNTY DIRECTOR OF ORANGEBURG COUNTY AND EXTENDING BEST WISHES TO HIM UPON HIS RETIREMENT FROM THIS POSITION, JUNE 30, 1998.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 5158 -- Rep. Scott: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE THEO W. MITCHELL ON HIS MANY YEARS OF SERVICE IN THE SOUTH CAROLINA GENERAL ASSEMBLY AND FOR HIS COMMITMENT TO THE PEOPLE OF SOUTH CAROLINA.
Whereas, former Senator Theo W. Mitchell is the son of Mrs. Dothenia E. Mitchell and the late Mr. Clyde D. Mitchell of Greenville County; and
Whereas, he is married to the former Greta Knight and together they are the proud parents of three daughters and the doting grandparents of four grandchildren; and
Whereas, he is an active member of Allen Temple A.M.E. Church; and
Whereas, Senator Mitchell received his undergraduate degree from Fisk University in Nashville, Tennessee, and his law degree from Howard University in Washington, D. C.; and
Whereas, he served in the South Carolina House of Representatives from 1975 through 1984, and in the South Carolina Senate from 1985 through 1994; and
Whereas, during his tenure in the South Carolina General Assembly, he introduced and successfully fought for the passage of legislation that benefitted the consumer, elderly citizens, and low income individuals; and
Whereas, Senator Mitchell is a former chairman of the Senate Corrections and Penology Committee and served with distinction on numerous other committees of the General Assembly; and
Whereas, he is currently an attorney in the law firm of Theo W. Mitchell and Associates, a law firm which has set many precedents in the fields of civil rights, human rights, and criminal law; and
Whereas, the members of the General Assembly, by this resolution, would like to commend Senator Theo W. Mitchell for his outstanding service to the State of South Carolina. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby commend the Honorable Theo W. Mitchell of Greenville County for his many years of service in the South Carolina General Assembly and for his commitment to the people of South Carolina.
Be it further resolved that a copy of this resolution be forwarded to Senator Mitchell.

Introduced and referred to the Committee on Invitations.

H. 5161 -- Reps. Cave and Rhoad: A CONCURRENT RESOLUTION TO CONGRATULATE JARED DANIEL MOBLEY OF BARNWELL COUNTY ON THE OCCASION OF HIS GRADUATION FROM THE UNIVERSITY OF SOUTH CAROLINA SCHOOL OF LAW AND TO WISH HIM THE VERY BEST AS HE FURTHERS HIS LEGAL EDUCATION AT THE NEW YORK UNIVERSITY SCHOOL OF LAW.
The Concurrent Resolution was adopted, ordered returned to the House.

Senator COURTNEY from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4445 -- Reps. Harrison and Cotty: A BILL TO AMEND SECTION 20-7-767, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING CHILDREN IN FOSTER CARE, SO AS TO REVISE THE DUTIES CONCERNING CONDUCTING VISITS TO FOSTER HOMES AND CONDUCTING INTERVIEWS OF FOSTER FAMILIES; TO DELETE THE PROVISION REQUIRING STATE EMPLOYEES TO REPORT VIOLATIONS OF THIS SECTION; TO REQUIRE DEPARTMENT PERSONNEL TO TAKE REASONABLE STEPS TO ASSURE COMPLIANCE WITH THIS SECTION AND TO STATE THE DUTIES OF FOSTER PARENTS TO COMPLY WITH THIS SECTION.
Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable report on:
H. 4446 -- Reps. Gamble and Knotts: A BILL TO AMEND SECTION 34-3-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COPIES AND REPRODUCTIONS OF BANKING OR EDUCATIONAL LOAN RECORDS AND THEIR ADMISSIBILITY INTO EVIDENCE, SO AS TO PROVIDE FOR THE ADMISSIBILITY OF A REPRODUCTION IF THE ORIGINAL WOULD HAVE BEEN A BUSINESS RECORD FOR PURPOSES OF ADMISSIBILITY OR IF A WITNESS ATTESTS THAT THE REPRODUCTION IS A TRUE AND CORRECT COPY OF THE ORIGINAL.
Ordered for consideration tomorrow.

Senator COURTNEY from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4468 -- Reps. Harrison and Cotty: A BILL TO AMEND SECTION 19-1-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIBILITY OF OUT-OF-COURT STATEMENTS BY CERTAIN CHILDREN, SO AS TO EXPAND THE ADMISSIBILITY OF THESE STATEMENTS TO INCLUDE CHILDREN WHO FUNCTION COGNITIVELY, ADAPTIVELY, OR DEVELOPMENTALLY UNDER AGE TWELVE; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO HEAR AND DETERMINE ACTIONS CONCERNING CONTROL OF A MINOR, INCLUDING GUARDIANSHIP OF A MINOR; TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS USED IN ARTICLE 7, CHAPTER 7, TITLE 20, SO AS TO ALSO APPLY THESE DEFINITIONS TO OTHER ARTICLES IN THE CHILDREN'S CODE; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THAT THE DUTY TO REPORT EXISTS REGARDLESS OF WHO THE REPORTER BELIEVES TO BE THE PERPETRATOR OF THE ABUSE; TO AMEND SECTION 20-7-540, AS AMENDED, RELATING TO IMMUNITY FROM LIABILITY FOR REPORTING CHILD ABUSE OR NEGLECT, SO AS TO EXPAND THE IMMUNITY TO PERSONS WHO PARTICIPATE IN AN INVESTIGATION OF ABUSE OR NEGLECT; TO AMEND SECTION 20-7-545, AS AMENDED, RELATING TO IMMUNITY OF THE DEPARTMENT OF SOCIAL SERVICES PERSONNEL FROM LIABILITY FOR PERFORMING CHILD PROTECTIVE SERVICES OR CHILD WELFARE FUNCTIONS, SO AS TO ALSO INCLUDE CONTRACT EMPLOYEES; TO AMEND SECTION 20-7-610, AS AMENDED, RELATING TO EMERGENCY PROTECTIVE CUSTODY PROCEDURES, SO AS TO REVISE CERTAIN PROCEDURES; TO AMEND SECTION 20-7-618 RELATING TO DETAINMENT OF ABUSED OR NEGLECTED CHILDREN BY MEDICAL PROFESSIONALS WITHOUT PARENTAL CONSENT, SO AS TO CLARIFY THAT SUCH DETAINMENT IS NOT KEEPING A CHILD IN EMERGENCY PHYSICAL CUSTODY; TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN CONNECTION WITH CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THAT THE DEPARTMENT IS NOT REQUIRED TO BEGIN AN INVESTIGATION OF A CHILD WHO DIED OF ABUSE OR NEGLECT WITHIN TWENTY-FOUR HOURS UNLESS OTHER CHILDREN ARE IN THE HOME OR IF THE ALLEGED PERPETRATOR IS THE PARENT OR GUARDIAN AND TO REVISE CERTAIN PROCEDURES WHEN A CHILD IS IN PLACEMENT WITH A RELATIVE; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF ABUSE AND NEGLECT REPORTS AND RECORDS, SO AS TO REVISE CERTAIN PERSONS, AGENCIES, OR ENTITIES WHICH MAY HAVE ACCESS TO THESE REPORTS AND RECORDS AND TO AUTHORIZE THE DEPARTMENT TO DISCLOSE NECESSARY INFORMATION TO PARTICIPANTS IN A FAMILY GROUP CONFERENCE; TO AMEND SECTION 20-7-765 RELATING TO FOSTER CARE TREATMENT PLAN REQUIREMENTS REGARDING SUBSTANCE ABUSE, SO AS TO CHANGE THE TERM "TREATMENT PLAN" TO "PLACEMENT PLAN"; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO THE PERMANENCY PLANNING HEARING FOR CHILDREN IN FOSTER CARE, SO AS TO MAKE THE AGE REQUIREMENTS AND INITIATION PROCEDURES FOR A JUDICIAL STATUS REVIEW INTERNALLY CONSISTENT WITHIN THE SECTION; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO TERMINATION OF PARENTAL RIGHTS, SO AS TO ADD AS A GROUND FOR TERMINATION, CONVICTION FOR CERTAIN CRIMES AGAINST THE PERSON, INCLUDING CRIMINAL DOMESTIC VIOLENCE; TO AMEND SECTION 20-7-2376, AS AMENDED, RELATING TO FUNCTIONS AND POWERS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO REQUIRE THE BOARDS TO SUBMIT TO THE COURT WRITTEN REPORTS, DISTINCTIVE FROM OTHER DOCUMENTS IN THE FILE, AND TO AUTHORIZE THE BOARD TO REQUEST AN EMERGENCY HEARING IF THE BOARD CONCLUDES THAT THE SAFETY OF A CHILD IS IN IMMINENT DANGER; TO AMEND SECTION 59-63-31 RELATING TO GROUNDS FOR ATTENDING A PUBLIC SCHOOL IN A DISTRICT WITHOUT CHARGE IF THE CHILD IS IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO REVISE THESE GROUNDS; TO AMEND JOINT RESOLUTION 157 OF 1997 RELATING TO THE PILOT CHILD PROTECTIVE SERVICES SYSTEM, SO AS TO CLARIFY THAT THE EVALUATION REQUIRED TO BE CONDUCTED IS THE ONLY EVALUATION THAT MUST BE PERFORMED BY THE DEPARTMENT OF SOCIAL SERVICES IN COUNTIES PARTICIPATING IN THE PILOT AND TO EXPAND FROM THIRTY TO FORTY-FIVE DAYS THE TIME WITHIN WHICH A DETERMINATION MUST BE MADE FOR A CASE TO BE REFERRED TO THE PILOT SYSTEM.
Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable report on:
H. 4671 -- Rep. Harrison: A BILL TO AMEND SECTION 29-3-325, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDING SATISFACTION OR CANCELLATION OF A MORTGAGE, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE AND PROVIDE, AMONG OTHER THINGS, THAT UPON PAYMENT IN FULL OF A MORTGAGE DEBT, WRITTEN REQUEST FOR SATISFACTION OF THE MORTGAGE, AND PAYMENT OF ANY REQUIRED SATISFACTION FEE, THE MORTGAGEE OR ASSIGNEE IS RESPONSIBLE FOR RECORDING THE SATISFACTION OR CANCELLATION OF THE MORTGAGE IT HOLDS; AND TO REPEAL SECTION 29-3-320, RELATING TO LIABILITY FOR FAILURE TO ENTER SATISFACTION OF A MORTGAGE.
Ordered for consideration tomorrow.

Columbia, S.C., May 14, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has rejected the report of the Committee of Conference on the following Bill:
H. 4799 -- Reps. Altman, Kelley, Keegan, Lanford, Rhoad, Witherspoon and Meacham: A BILL TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES LAWS, SO AS TO ALLOW SHRIMP BOATS TO DRAG NETS NO CLOSER THAN ONE-FOURTH MILE OF KIAWAH AND SEABROOK ISLAND BEACHES.
Very respectfully,
Speaker of the House

S. 958 -- Senators Drummond, Land, Moore, McCONNELL, Courson, Bryan, Martin, Passailaigue and Giese: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 16 PROVIDING FOR RETIREMENT SYSTEM FUNDS, INCLUDING DEFINITIONS, FIDUCIARY DUTIES, INVESTMENT PLANS AND RESPONSIBILITIES, AND ESTABLISHING THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL AND PROVIDING FOR ITS MEMBERSHIP, POWERS, AND DUTIES; TO AMEND SECTIONS 9-1-1310, 9-8-160, 9-9-150, AND 9-11-240, RELATING TO THE DESIGNATION OF THE STATE BUDGET AND CONTROL BOARD AS THE TRUSTEE OF THE FUNDS OF THE SOUTH CAROLINA SYSTEM, RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND THE INVESTMENTS ALLOWED AND SAFEGUARDS IMPOSED WITH RESPECT TO THE INVESTMENT OF THE FUNDS OF THE VARIOUS SYSTEMS, SO AS TO AUTHORIZE THE INVESTMENT OF RETIREMENT SYSTEM FUNDS IN EQUITY SECURITIES; AND TO AMEND SECTIONS 30-4-40 AND 30-4-70, BOTH AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE AND MEETINGS WHICH MAY BE CLOSED FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT RECORDS RELATING TO INVESTMENTS OR OTHER FINANCIAL MATTERS OF THE STATE RETIREMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES AND ALLOW THE STATE BUDGET AND CONTROL BOARD TO MEET IN EXECUTIVE SESSION AS TRUSTEE OF THE RETIREMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES.
On motion of Senator LAND, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator LAND spoke on the report.

On motion of Senator LAND, the Report of the Committee of Conference to S. 958 was adopted as follows:

The COMMITTEE OF CONFERENCE, to whom was referred:
S. 958 -- Senators Drummond, Land, Moore, McConnell, Courson, Bryan, Martin, Passailaigue and Giese: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 16 PROVIDING FOR RETIREMENT SYSTEM FUNDS, INCLUDING DEFINITIONS, FIDUCIARY DUTIES, INVESTMENT PLANS AND RESPONSIBILITIES, AND ESTABLISHING THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL AND PROVIDING FOR ITS MEMBERSHIP, POWERS, AND DUTIES; TO AMEND SECTIONS 9-1-1310, 9-8-160, 9-9-150, AND 9-11-240, RELATING TO THE DESIGNATION OF THE STATE BUDGET AND CONTROL BOARD AS THE TRUSTEE OF THE FUNDS OF THE SOUTH CAROLINA SYSTEM, RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND THE INVESTMENTS ALLOWED AND SAFEGUARDS IMPOSED WITH RESPECT TO THE INVESTMENT OF THE FUNDS OF THE VARIOUS SYSTEMS, SO AS TO AUTHORIZE THE INVESTMENT OF RETIREMENT SYSTEM FUNDS IN EQUITY SECURITIES; AND TO AMEND SECTIONS 30-4-40 AND 30-4-70, BOTH AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE AND MEETINGS WHICH MAY BE CLOSED FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT RECORDS RELATING TO INVESTMENTS OR OTHER FINANCIAL MATTERS OF THE STATE RETIREMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES AND ALLOW THE STATE BUDGET AND CONTROL BOARD TO MEET IN EXECUTIVE SESSION AS TRUSTEE OF THE RETIREMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   The General Assembly finds that the implementation of the amendment to Article X, Section 16 of the Constitution of this State ratified by Act 77 of 1997 authorizing the investment and reinvestment of the funds of the various state-operated retirement systems in equity securities requires the enactment of implementing legislation. By this act, the provisions of the amendment are carried into effect.
SECTION   2.   Title 9 of the 1976 Code is amended by adding:

Section 9-16-10.   As used in this chapter, unless a different meaning is plainly required by the context:
(1)   'Assets' means all funds, investments, and similar property of the retirement system.
(2)   'Beneficiary' means a person, other than the participant, who is designated by a participant or by a retirement program to receive a benefit under the program.
(3)   'Board' means the State Budget and Control Board acting as trustee of the retirement system.
(4)   'Fiduciary' means a person who:
(a)   exercises any authority to invest or manage assets of a system;
(b)   provides investment advice for a fee or other direct or indirect compensation with respect to assets of a system or has any authority or responsibility to do so; or
(c)   is a member of the State Budget and Control Board when it acts as trustee for the retirement system.
(5)   'Participant' means an individual who is or has been an employee enrolled in a retirement program and who is or may become eligible to receive or is currently receiving a benefit under the program. The term does not include an individual who is no longer an employee of an employer as defined by laws governing the retirement system and who has withdrawn his contributions from the retirement system.
(6)   'Panel' means the State Retirement Systems Investment Panel established pursuant to Section 9-16-310.
(7)   'Retirement program' means a program of rights and obligations which a retirement system establishes or maintains and which, by its express terms or as a result of surrounding circumstances:
(a)   provides retirement benefits to qualifying employees and beneficiaries; or
(b)   results in a deferral of income by employees for periods extending to the termination of covered employment or beyond.
(8)   'Retirement system' means the South Carolina Retirement System, Retirement System for Judges and Solicitors, Retirement System for Members of the General Assembly, and Police Officers Retirement System established pursuant to Chapters 1, 8, 9, and 11 of this title.
(9)   'Trustee' means the State Budget and Control Board.
Section 9-16-20.   (A)   All assets of a retirement system are held in trust. The trustee has the exclusive authority, subject to this chapter and Section 9-1-1310, to invest and manage those assets.
(B)   If the retirement system invests in a security issued by an investment company registered under the Investment Company Act of 1940 (15 U.S.C. Section 80a-1, et seq.), the assets of the system include the security, but not assets of the investment company.
Section 9-16-30.   (A)   The trustee may delegate functions that a prudent trustee acting in a like capacity and familiar with those matters could properly delegate under the circumstances but final authority to invest cannot be delegated.
(B)   The trustee shall exercise reasonable care, skill, and caution in:
(1)   selecting an agent;
(2)   establishing the scope and terms of the delegation, consistent with the purposes and terms of the retirement program; and
(3)   periodically reviewing the agent's performance and compliance with the terms of the delegation.
(C)   In performing a delegated function, an agent owes a duty to the retirement system and to its participants and beneficiaries to comply with the terms of the delegation and, if a fiduciary, to comply with the duties imposed by Section 9-16-40.
(D)   A trustee who complies with subsections (A) and (B) is not liable to the retirement system or to its participants or beneficiaries for the decisions or actions of the agent to whom the function was delegated.
(E)   By accepting the delegation of a function from the trustee, an agent submits to the jurisdiction of the courts of this State.
(F)   A trustee may limit the authority of an agent to delegate functions under this section.
Section 9-16-40.   A trustee or other fiduciary shall discharge duties with respect to a retirement system:
(1)   solely in the interest of the retirement systems, participants, and beneficiaries;
(2)   for the exclusive purpose of providing benefits to participants and beneficiaries and paying reasonable expenses of administering the system;
(3)   with the care, skill, and caution under the circumstances then prevailing which a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an activity of like character and purpose;
(4)   impartially, taking into account any differing interests of participants and beneficiaries;
(5)   incurring only costs that are appropriate and reasonable; and
(6)   in accordance with a good faith interpretation of this chapter.
Section 9-16-50.   (A)   In investing and managing assets of a retirement system pursuant to Section 9-16-40, the trustee:
(1)   shall consider among other circumstances:
(a)   general economic conditions;
(b)   the possible effect of inflation or deflation;
(c)   the role that each investment or course of action plays within the overall portfolio of the retirement system;
(d)   needs for liquidity, regularity of income, and preservation or appreciation of capital; and
(e)   the adequacy of funding for the plan based on reasonable actuarial factors;
(2)   shall diversify the investments of the retirement system unless the trustee reasonably determines that, because of special circumstances, it is clearly prudent not to do so;
(3)   shall make a reasonable effort to verify facts relevant to the investment and management of assets of a retirement system;
(4)   may invest in any kind of property or type of investment consistent with this chapter and Section 9-1-1310;
(5)   may consider benefits created by an investment in addition to investment return only if the trustee determines that the investment providing these collateral benefits would be prudent even without the collateral benefits.
(B)   The trustee shall adopt a statement of investment objectives and policies for the retirement system. The statement must include the desired rate of return on assets overall, the desired rates of return and acceptable levels of risk for each asset class, asset-allocation goals, guidelines for the delegation of authority, and information on the types of reports to be used to evaluate investment performance. At least annually, the trustee shall review the statement and change or reaffirm it. The relevant portion of this statement may constitute parts of the annual investment plan required pursuant to Section 9-16-330.
Section 9-16-60.   (A)   Compliance by the trustee or other fiduciary with Sections 9-16-30, 9-16-40, and 9-16-50 must be determined in light of the facts and circumstances existing at the time of the trustee's or fiduciary's decision or action and not by hindsight.
(B)   The trustee's investment and management decisions must be evaluated not in isolation but in the context of the trust portfolio as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the retirement system.
Section 9-16-70.   (A)   The trustee or other fiduciary who breaches a duty imposed by this chapter is personally liable to the retirement system for any losses resulting from the breach and any profits resulting from the breach or made by the trustee or other fiduciary through use of assets of the system by trustees or other fiduciary. The trustee or other fiduciary is subject to other equitable remedies as the court considers appropriate, including removal.
(B)   An agreement that purports to limit the liability of a trustee or other fiduciary for a breach of duty under this chapter is void.
(C)   The retirement system may insure a trustee, fiduciary, or itself against liability or losses occurring because of a breach of duty under this chapter.
(D)   A trustee or other fiduciary may insure against personal liability or losses occurring because of a breach of duty under this chapter if the insurance is purchased or provided by the individual trustee or fiduciary, but a fiduciary who obtains insurance pursuant to this chapter must disclose all terms, conditions, and other information relating to the insurance policy to the retirement system.
Section 9-16-80.   (A)   Meetings by the board while acting as trustee of the retirement system or by its fiduciary agents to deliberate about, or make tentative or final decisions on, investments or other financial matters may be in executive session if disclosure of the deliberations or decisions would jeopardize the ability to implement a decision or to achieve investment objectives.
(B)   A record of the board or of its fiduciary agents that discloses deliberations about, or a tentative or final decision on, investments or other financial matters is exempt from the disclosure requirements of Chapter 4 of Title 30, the Freedom of Information Act, to the extent and so long as its disclosure would jeopardize the ability to implement an investment decision or program or to achieve investment objectives.
Section 9-16-90.   (A)   The trustees shall provide investment reports at least quarterly during the fiscal year to the panel, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and other appropriate officials and entities.
(B)   In addition to the quarterly reports provided in subsection (A), the trustees shall provide an annual report to the panel, the Speaker of the House of Representatives, members of the House of Representatives or Senate, but only upon their request, the President Pro Tempore of the Senate, and other appropriate officials and entities of the investment status of the retirement systems. The report must contain:
(1)   a description of a material interest held by a trustee, fiduciary, or an employee who is a fiduciary with respect to the investment and management of assets of the system, or by a related person, in a material transaction with the system within the last three years or proposed to be effected;
(2)   a schedule of the rates of return, net of total investment expense, on assets of the system overall and on assets aggregated by category over the most recent one-year, three-year, five-year, and ten-year periods, to the extent available, and the rates of return on appropriate benchmarks for assets of the system overall and for each category over each period;
(3)   a schedule of the sum of total investment expense and total general administrative expense for the fiscal year expressed as a percentage of the fair value of assets of the system on the last day of the fiscal year, and an equivalent percentage for the preceding five fiscal years; and
(4)   a schedule of all assets held for investment purposes on the last day of the fiscal year aggregated and identified by issuer, borrower, lessor, or similar party to the transaction stating, if relevant, the asset's maturity date, rate of interest, par or maturity value, number of shares, costs, and fair value and identifying an asset that is in default or classified as uncollectible.
These disclosure requirements are cumulative to and do not replace other reporting requirements provided by law.

Section 9-16-310.   There is created the State Retirement Systems Investment Panel, consisting of five members, one each appointed by the Governor, State Treasurer, Comptroller General, the chairman of the Ways and Means Committee of the House of Representatives, and the chairman of the Senate Finance Committee. The member appointed by the Governor shall serve as chairman. All members appointed to the panel must possess substantial financial investment experience. No person may be appointed or continue to serve who is an elected or appointed officer or employee of the State or any of its political subdivisions, including school districts. Members shall serve for terms of two years and until their successors are appointed and qualify. Vacancies must be filled for the unexpired term in the manner of the original appointment. Members shall serve without compensation, but may receive the mileage, subsistence, and per diem authorized by law for members of state boards, commissions, and committees.
Section 9-16-320.   (A)   The panel shall meet no later than May first of each year to adopt the proposed annual investment plan for the retirement systems for the next fiscal year. The annual investment plan must be developed by the panel. No later than June first of each year, the panel shall submit the proposed plan to the board. Amendments may be made to the plan by the panel during the fiscal year with the approval of the board.
(B)   The panel shall meet at least once during each fiscal year quarter for the purposes of reviewing the performance of investments, assessing compliance with the annual investment plan, and determining whether to recommend amendments to the plan to the board. The panel shall meet at such other times as are set by the panel or the chairman or requested by the board.
(C)   The panel may discuss, deliberate on, and make decisions on a portion of the annual investment plan or other related financial or investment matters in executive session if disclosure thereof would jeopardize the ability to implement that portion of the plan or achieve investment objectives.
(D)   A record of the panel or of the Retirement System that discloses discussions, deliberations, or decisions on portions of the annual investment plan or other related financial or investment matters is not a public record under Section 30-4-20 to the extent and so long as its disclosure would jeopardize the ability to implement that portion of the plan or achieve investment objectives.
(E)   The costs of administering the duties of the panel must be paid from the investment earnings of these systems. Administrative and clerical assistance to the panel must be provided. The board must approve all reasonable expenses of the panel in performing its duties under this section.
(F)   The panel does not act as a fiduciary with respect to the funds of the retirement system, but must exercise reasonable care and skill in carrying out its duties.
(G)   The panel may retain independent advisors to assist it and periodically shall provide for an outside evaluation of the investment strategy of the board.
Section 9-16-330.   (A)   The board shall provide the panel with a statement of actuarial assumptions and general investment objectives. The board shall review the statement annually for the purpose of affirming or changing it and advise the panel of its actions.
(B)   The annual investment plan must be consistent with actions taken by the board pursuant to subsection (A) and must include, but is not limited to, the following components:
(1)   general operational and investment policies;
(2)   investment objectives and performance standards;
(3)   investment strategies, which may include indexed or enhanced indexed strategies as the preferred or exclusive strategies for equity investing, and an explanation of the reasons for the selection of each strategy;
(4)   industry sector, market sector, issuer, and other allocations of assets that provide diversification in accordance with prudent investment standards, including desired rates of return and acceptable levels of risks for each asset class;
(5)   policies and procedures providing flexibility in responding to market contingencies;
(6)   procedures and policies for selecting, monitoring, compensating, and terminating investment consultants, equity investment managers, and other necessary professional service providers; and
(7)   methods for managing the costs of the investment activities.
(C)   In developing the annual investment plan, the panel shall:
(1)   diversify the investments of the retirement systems, unless the panel reasonably determines that, because of special circumstances, it is clearly not prudent to do so; and
(2)   make a reasonable effort to verify facts relevant to the investment of assets of the retirement systems.
Section 9-16-340.   (A)   The State Budget and Control Board, as trustee of the retirement system, shall invest and reinvest the assets of the retirement systems as provided in Section 9-1-1310. The State Treasurer shall serve as the agent of the board with respect to investments made pursuant to Article 7, Chapter 9, Title 11. Investments allowed by law in equities may be made by the board in the manner it shall determine, consistent with Section 9-16-330 and consistent with its fiduciary duties with respect to the retirement funds. The board may employ or retain administrators, agents, consultants, or other advisors it considers necessary with respect to making equity investments. The board is subject to the provisions of Chapter 23 of Title 1, the Administrative Procedures Act, in the implementation of this article.
(B)   After receiving the proposed plan of the panel, the board shall adopt an annual investment plan, which must be implemented by the board. The board shall regularly review the plan implementation and make amendments as it considers appropriate.
(C)   The plan adopted must provide:
(1)   the minimum and maximum portions of system assets that may be allocated to equity investments on an ongoing basis not to exceed forty percent and the minimum and maximum portions of system assets not to exceed ten percent that may be allocated to additional equity investment during the plan fiscal year. When investments in equities attain the maximum allocation allowed by this item, up to forty percent of current member and employer contributions to the retirement system may be invested in equities. If, due to growth in value of equity investments, equity investments exceed forty percent of the total assets of the retirement system, this subsection does not require the sale of equities to reduce the percentage of equities to forty percent;
(2)   preference to brokerage firms domiciled in this State for conducting nondiscretionary brokerage transactions if these brokerage firms are able to meet the test of equal service and best execution in the purchase and sale of authorized investments.
Section 9-16-350.   (A)   It is unlawful for a member, employee, or agent of the panel or anyone acting on his behalf to use any information concerning panel activities to obtain any economic interest for himself, a member of his immediate family, an individual with whom he is associated, or a business with which he is associated.
(B)   If a member of the panel, an employee of the panel, or a member of his immediate family holds an economic interest in a blind trust, he is not considered to have violated the provisions of subsection (A) even if the acquisition of the economic interest by the blind trust would otherwise violate the provisions of subsection (A), if the existence of the blind trust and the manner of its control is disclosed to the State Ethics Commission and the Budget and Control Board.
(C)   A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years and fined not more than one hundred thousand dollars.
(D)   The provisions of this section are cumulative to, and not in lieu of, any other provisions of law applicable to the panel and its members in the performance of official duties including, but not limited to, Chapter 13 of Title 8."
SECTION   3.   Section 9-1-1310 of the 1976 Code is amended to read:
"Section 9-1-1310.   The board shall be is the trustee of the funds of the system, and may invest and reinvest such the funds, subject to all the terms, conditions, limitations, and restrictions imposed by Article 7, of Chapter 9, of Title 11, upon the investment of sinking funds of the State, and, subject to like terms, conditions, limitations, and restrictions, may hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds created herein shall in this chapter have been invested, as well as plus the proceeds of such these investments and any moneys monies belonging to such these funds. Additionally, and without regard to the limitations imposed pursuant to Article 7, Chapter 9, Title 11, the board may invest and reinvest the funds of the system in equity securities of a corporation within the United States that is registered on a national securities exchange as provided in the Securities Exchange Act, 1934, or a successor act, or quoted through the National Association of Securities Dealers Automatic Quotations System, or a similar service."
SECTION 4.   Section 9-8-160(1) of the 1976 Code is amended to read:
"(1)   The board shall be is the trustee of the funds of the system, and may invest and reinvest such the funds, may hold, purchase, sell, assign, transfer and dispose of any of the securities and investments in which any of the funds created herein shall have been invested, as well as the proceeds of such investments and any moneys belonging to the fund, all in such the same manner as funds of the South Carolina Retirement System are invested and reinvested pursuant to Section 9-1-1310."
SECTION 5.   Section 9-9-150(1) of the 1976 Code is amended to read:
"(1)   The board shall be is the trustee of the funds of the system, and may invest and reinvest such the funds, may hold, purchase, sell, assign, transfer and dispose of any of the securities and investments in which any of the funds created herein shall have been invested, as well as the proceeds of such investments and any moneys belonging to such fund, all in such the same manner as funds of the South Carolina Retirement System are invested and reinvested pursuant to Section 9-1-1310."
SECTION   6.   Section 9-11-240(1) of the 1976 Code is amended to read:
"(1)   The board shall be is the trustee of the system, and may invest and reinvest such the funds as the funds of the South Carolina Retirement System may be invested and reinvested as provided in Section 9-1-1310, may hold, purchase, sell, assign, transfer and dispose of any of the securities and investments in which any of the funds created herein shall have been invested, as well as the proceeds of such investments and any moneys belonging to such fund."
SECTION   7.   A.   Section 30-4-40(a) of the 1976 Code, as last amended by Act 458 of 1996, is further amended by adding an appropriately numbered item at the end to read:
"( )   Records exempt pursuant to Section 9-16-80(B) and 9-16-320(D)."
B.   Section 30-4-70 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:
"( )   The State Budget and Control Board, while meeting as the trustee of the State Retirement System, or of the State Retirement Systems Investment Panel, if the meeting is in executive session specifically pursuant to Section 9-16-80(A) or 9-16-320(C)."
SECTION   8.   If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
SECTION   9.   This act takes effect upon approval by the Governor./
Amend title to conform.

/s/Senator John C. Land, III      /s/Rep. Steve P. Lanford
/s/Senator Thomas L. Moore        /s/Rep. Merita A. Allison
/s/Senator Larry A. Martin        /s/Rep. Alfred B. Robinson, Jr.
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Columbia, S.C., May 19, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
S. 958 -- Senators Drummond, Land, Moore, McConnell, Courson, Bryan, Martin, Passailaigue and Giese: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 16 PROVIDING FOR RETIREMENT SYSTEM FUNDS, INCLUDING DEFINITIONS, FIDUCIARY DUTIES, INVESTMENT PLANS AND RESPONSIBILITIES, AND ESTABLISHING THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL AND PROVIDING FOR ITS MEMBERSHIP, POWERS, AND DUTIES; TO AMEND SECTIONS 9-1-1310, 9-8-160, 9-9-150, AND 9-11-240, RELATING TO THE DESIGNATION OF THE STATE BUDGET AND CONTROL BOARD AS THE TRUSTEE OF THE FUNDS OF THE SOUTH CAROLINA SYSTEM, RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND THE INVESTMENTS ALLOWED AND SAFEGUARDS IMPOSED WITH RESPECT TO THE INVESTMENT OF THE FUNDS OF THE VARIOUS SYSTEMS, SO AS TO AUTHORIZE THE INVESTMENT OF RETIREMENT SYSTEM FUNDS IN EQUITY SECURITIES; AND TO AMEND SECTIONS 30-4-40 AND 30-4-70, BOTH AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE AND MEETINGS WHICH MAY BE CLOSED FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT RECORDS RELATING TO INVESTMENTS OR OTHER FINANCIAL MATTERS OF THE STATE RETIREMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES AND ALLOW THE STATE BUDGET AND CONTROL BOARD TO MEET IN EXECUTIVE SESSION AS TRUSTEE OF THE RETIREMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES.
Very respectfully,
Speaker of the House

The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

A message was sent to the House accordingly.

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.
The House returned the Bill with amendments.

Senator LAND 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 concurrence in the House amendments.

Senator LAND proposed the following amendment (PSD\7426AC.98), which was adopted:
Amend the bill, as and if amended, Section 56-5-4170(D), page 1070-3, line 16, before the / . / by inserting / , unless the fines, penalties, or repair expenses are due to actions or omissions of the motor carrier operator after the vehicle was tendered/
Renumber sections to conform.
Amend title to conform.

Senator LAND explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was amended and ordered returned to the House with amendments.

S. 45 -- Senators Leventis, Waldrep, Rose, Ford and Holland: A BILL TO AMEND SECTION 16-17-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ENTICING AN ENROLLED CHILD FROM ATTENDANCE IN PUBLIC SCHOOLS, SO AS TO PROVIDE THAT A FIRST OFFENSE MUST BE TRIED EXCLUSIVELY IN MAGISTRATE'S COURT AND THAT SECOND AND SUBSEQUENT OFFENSES MUST BE TRIED IN THE COURT OF GENERAL SESSIONS.
The House returned the Bill with amendments.

Senator LEVENTIS explained the House amendments.

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

S. 1234 -- Senators Washington and Jackson: A CONCURRENT RESOLUTION TO HONOR AND COMMEND THE REVEREND DR. LEROY CAIN, SR., OF LEXINGTON COUNTY, FOR FOUR DECADES OF SERVICE TO SOUTH CAROLINA AS A COMMUNITY LEADER, PASTOR, AND PUBLIC SERVANT.
Returned with concurrence.
Received as information.

S. 1235 -- Senator Washington: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE ESTILL "LADY GATORS" GIRLS BASKETBALL TEAM AND ITS COACHES ON WINNING THE 1997-98 CLASS A STATE CHAMPIONSHIP.
Returned with concurrence.
Received as information.

S. 1236 -- Senator Washington: A CONCURRENT RESOLUTION TO HONOR DR. LAVERNE LEBBY DAVIS, PRINCIPAL OF ST. HELENA ELEMENTARY SCHOOL IN BEAUFORT COUNTY, FOR HER OUTSTANDING LEADERSHIP IN THE SUCCESS OF HER STUDENTS AS THEIR STANDARDIZED TEST SCORES CLIMBED FROM WORST TO FIRST IN JUST SIX YEARS WITH HER AT THE SCHOOL'S HELM.
Returned with concurrence.
Received as information.

S. 1237 -- Senator Russell: A CONCURRENT RESOLUTION EXPRESSING PROFOUND SORROW AT THE DEATH OF JUDGE ELLEN HINES SMITH OF SPARTANBURG COUNTY, ONE OF THE LEADING CITIZENS OF SOUTH CAROLINA, AND EXTENDING DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
Returned with concurrence.
Received as information.

S. 1239 -- Senators Jackson and Patterson: A CONCURRENT RESOLUTION TO HONOR THE SELFLESS DEVOTION OF MRS. ANNA MAE DICKSON OF COLUMBIA TO HER CITY, HER COMMUNITY, AND ITS CHILDREN, AND TO EXPRESS THE DEEP SORROW OF THIS STATE AT HER DEATH ON SUNDAY, MAY 17, 1998.
Returned with concurrence.
Received as information.

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

The following Bill was read the third time and 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. 4694 -- Reps. Neilson, Bailey, Barfield, Baxley, Bowers, Byrd, Cave, Clyburn, Cobb-Hunter, J. Hines, M. Hines, Howard, Inabinett, Jennings, Martin, McCraw, McLeod, Moody-Lawrence, Neal, Phillips, Scott, J. Smith, R. Smith and Stoddard: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO CLARIFY THAT THE DIVISION ON AGING IS UNDER THE DEPARTMENT OF HEALTH AND HUMAN SERVICES RATHER THAN UNDER THE OFFICE OF THE GOVERNOR; AND TO AMEND SECTION 9-1-10, AS AMENDED, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO AMEND THE DEFINITION OF "EMPLOYEE" AND "EMPLOYER" SO AS TO INCLUDE EMPLOYEES OF LOCAL COUNCILS ON AGING IN THE STATE RETIREMENT SYSTEM.

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

S. 1145 -- Senator McConnell: A BILL TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES LAWS, SO AS TO ALLOW SHRIMP BOATS TO DRAG NETS NO CLOSER THAN ONE-HALF MILE OF KIAWAH AND SEABROOK ISLAND BEACHES.

S. 1098 -- Senator Anderson: A BILL TO AMEND SECTION 20-7-2725(A)(4), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DAY CARE CENTER EMPLOYMENT SO AS TO EXEMPT CERTAIN INDIVIDUALS FROM THE PROHIBITION AGAINST BEING EMPLOYED AS DAY CARE PROVIDERS.
Senator COURTNEY explained the Bill.

H. 4505 -- Reps. Gamble, Boan, Haskins, Klauber, Knotts, Koon, Riser and Stuart: A BILL TO AMEND SECTION 56-5-4090, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATIONS ON LENGTHS AND LOADS OF CERTAIN POLE TRAILERS, LONGWOOD TRAILERS, AND SELF-PROPELLED POLE CARRIERS, SO AS TO INCLUDE FLAT-BED TRAILERS WITHIN CERTAIN EXCEPTIONS TO LENGTH OF VEHICLES AND LOADS, TO FURTHER PROVIDE FOR THE MATERIALS WHICH EXEMPT TRAILERS MAY TRANSPORT, AND TO MAKE A TECHNICAL CORRECTION TO A REFERENCE.

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

The Committee on Transportation proposed the following amendment (4505T001.STC), which was adopted:
Amend the bill, as and if amended, page 4505-3, by striking lines 8 and 9 and inserting:
/(4) a flashing amber strobe light and a red flag as required by 56-5-4630 are attached to any overhanging rear load; and,/
Amend title to conform.

Senator LAND explained the committee amendment.

The amendment was adopted.

Senator LAND proposed the following amendment (4505L001.JCL), which was adopted:
Amend the bill, as and if amended, page 4505-2, by striking (C) on lines 36-39, and inserting:
/(C)   Between 2:00 a.m. and thirty minutes past sunset, the limitations regarding length of loads stated in Section 56-5-4080 do not apply to loads of iron, steel, and concrete articles up to sixty feet in length carried on a fifty-three foot long flat-bed trailer so long as:/
Amend the bill further, page 4505-3, by inserting on line 16:
/SECTION .   Section 56-5-4070 of the 1976 Code is further amended to read:
"(B)   No motor vehicle, exclusive of truck tractors being used in two or three unit combinations on the National System of Interstate and Defense Highways, on those qualifying federal-aid highways so designated by the United States Secretary of Transportation, and on other highways as designated by the Department of Transportation in accordance with Section 56-5-4075, may exceed a length of forty feet extreme overall dimension, inclusive of front and rear bumpers and load carried on it, and a motor vehicle, other than a motor home, in excess of thirty-five feet may have not less than three axles, except buses with two axles and motor homes as approved by the department."/
Amend title to conform.
Amend section numbers to conform.

Senator LAND explained the amendment.

The amendment was adopted.

Senator RANKIN proposed the following amendment (4505R002.LAR), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new section to read:
/SECTION   ___. Section 56-1-2030(18) of the 1976 Code is amended to read:
"(18) 'Gross vehicle weight rating' means the actual weight or the value specified by the manufacturer as the maximum loaded weight of a single or a combination vehicle or the registered gross weight, whichever is greater. The gross vehicle weight rating of a combination vehicle (commonly referred to as the 'gross combination weight rating') is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of a towed unit."
Amend title to conform.

Senator RANKIN explained the amendment.

The amendment was adopted.
Senator MESCHER proposed the following amendment (4505R001.WCM), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION   .   Section 56-3-115 of the 1976 Code is amended to read:
"Section 56-3-115.   The owner of a vehicle commonly known as a golf cart, if he has a valid driver's license, may obtain a permit from the department upon the payment of a fee of five dollars and proof of financial responsibility which permits him to:
(1)   operate the golf cart on a secondary highway or street within two miles of his residence during daylight hours only; and
(2)   cross a primary highway or street while traveling along a secondary highway or street within two miles of his residence during daylight hours only."/
Amend title to conform.

The amendment was adopted.

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

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

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

Senator McCONNELL proposed the following amendment (3901A01.JAL), which was adopted:
Amend the bill, as and if amended, Section 46-50-40, page 19, by deleting lines 37 and 38 and inserting in lieu thereof the following:
/the Southern Interstate Dairy Compact Commission. With the/
Amend title to conform.

Senator LEVENTIS explained the amendment.

The amendment was adopted.

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

Senators MESCHER, McCONNELL and J. VERNE SMITH desired to be recorded as voting against the third reading of the Bill.

To ensure compliance with the provisions of Section 8-13-700 and avoid any appearance of conflict of interest, I certify that I took no action in the consideration of nor in the voting in the matter of H. 3901.

H. 4526 -- Reps. Kelley, Edge, Barfield and Keegan: A BILL TO AMEND SECTION 12-21-2420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF AND EXEMPTIONS FROM THE ADMISSIONS LICENSE TAX, SO AS TO PROVIDE THAT THE MEASURE OF THIS TAX DOES NOT INCLUDE ANY TAX OR FEE IMPOSED BY A POLITICAL SUBDIVISION OF THE STATE THAT CONSTITUTES A PART OF THE CHARGE FOR ADMISSION.

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

Senator SALEEBY proposed the following amendment (4526I001.EES), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION at the end to read:
/SECTION_____________. Section 27-16-110 of the 1976 Code is amended to read:
"Section 27-16-110.   (A) Except as specifically provided in the federal implementing legislation and this chapter, all laws, ordinances, and regulations of South Carolina and its political subdivisions govern the conduct of gambling or wager by the Tribe on and off the Reservation.
(B)   The State shall govern the conduct of bingo under Article 23 24, Chapter 21 of Title 12, Regulation of Bingo Games, including regulations or rulings issued in relation to that article, except as provided by the special bingo license to which the Tribe is entitled in accordance with this section if it elects to sponsor bingo games under the special license.
(1)   For purposes of conducting the game of bingo, the Tribe is deemed a nonprofit organization under Article 23 24, Chapter 21 of Title 12.
(2)   If the Tribe elects to conduct the game of bingo either on or off the reservation, the Tribe shall obtain a license from the South Carolina Tax Commission Department of Revenue. Based on the Tribe's election, the Tribe may be licensed by the South Carolina Tax Commission Department of Revenue to conduct games of bingo under a regular license allowed nonprofit organizations or under the special license provided by this section.
(C)   The Tribe may apply to the South Carolina Tax Commission Department of Revenue for a special bingo license in lieu of licenses authorized by Article 23 24, Chapter 21 of Title 12. A special or regular license must be granted if the Tribe complies with licensing requirements and procedures. The special license is identical in all respects to the class of license permitting the highest level of prizes allowed by law and carries the same privileges and duties as the class of license permitting the highest level of prizes provided by law, except:
(1)   The frequency of the sessions must be determined by the Executive Committee but must be no more frequent than six sessions a week, with sessions on Sundays prohibited unless state law otherwise expressly allows Sunday sessions.
(2)   The amount of prizes offered each session must be determined by the Tribe, but must not be greater than one hundred thousand dollars for any game.
(3)   The Tribe shall pay, in lieu of an admission, a head, a license, or any other bingo tax, a special bingo tax equal to ten percent of the gross proceeds received during each session. for each dollar of face value for each bingo card sold. No other federal, state, or local taxes apply to revenues generated by the bingo games operated by the Tribe. All revenues derived from the special bingo tax must be collected by the South Carolina Tax Commission Department of Revenue and deposited with the State Treasurer for the benefit of the General Fund of South Carolina.
(4)   At least fifty percent of the gross proceeds received by the Tribe during a calendar quarter must be returned to the players in the form of prizes. For purposes of this section, 'gross proceeds' does not include the ten percent special bingo tax.
(5)   The Tribe is entitled to two bingo licenses, and these licenses may be used to operate at two locations only. They are not assignable to any other entity or individual.
(6)   The net proceeds derived by the Tribe from the conduct of bingo may be used for any purpose authorized by the Tribe.
(D)   The Tribe may elect to operate one of the games under a special bingo license off the Reservation and not within the one hundred forty-four thousand acre Catawba Claim Area, but before doing so, it first must obtain the approval of the governing authority of the county and any municipality in which it seeks to locate the facility. If the Tribe elects to operate one or both of the games off the Reservation but within the one hundred forty-four thousand acre Catawba Claim Area, it shall do so in an area zoned compatibly for commercial activities after consulting with the municipality or county where a facility is to be located.
(E)   The sponsor and promoter of the bingo games is the Catawba Indian Tribe, and all profits gained from the enterprise accrue to the Tribe. The South Carolina Tax Commission Department of Revenue, or its regulatory successor, has the power to administer, oversee, and regulate all bingo games sponsored and conducted by the Tribe, audit and enforce the operation of the games, and assess and collect taxes, interest, and penalties in accordance with the laws and regulations of the State as they apply to the Tribe. The South Carolina Tax Commission Department of Revenue, or its regulatory successor, has the right to suspend or revoke the Tribe's bingo license or special bingo license if the Tribe violates the law with regard to conducting the game. However, the Tax Commission Department of Revenue, or its regulatory successor, first shall notify the Tribe of violations and provide the Tribe with an opportunity to correct the violations before its license may be revoked. Failure to pay bingo taxes, interest, or penalties may be grounds for license revocation.
(F)   A license of the Tribe to conduct bingo must be revoked if the game of bingo is no longer licensed by the State. If the State resumes licensing the game of bingo, the Tribe's license or special license must be reinstated if the Tribe complies with all licensing requirements and procedures.
(G)   The Tribe may permit on its Reservation video poker or similar electronic play devices to the same extent that the devices are authorized by state law. The Tribe is subject to all taxes, license requirements, regulations, and fees governing electronic play devices provided by state law, except if the reservation is located in a county or counties which prohibit the devices pursuant to state law, the Tribe nonetheless must be permitted to operate the devices on the Reservation if the governing body of the Tribe so authorizes, subject to all taxes, license requirements, regulations, and fees governing electronic play devices provided by state law.
(H)   If the Tribe elects to sponsor and conduct games of bingo under a regular license allowed nonprofit organizations under Article 23 24, Chapter 21 of Title 12, the Tribe must be taxed as a nonprofit corporation under that article./
Amend title to conform.

Senator SALEEBY explained the amendment.

The amendment was adopted.

Senators CORK and COURTNEY proposed the following amendment (4526R002.HAC), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION at the end to read:
SECTION   _____.   Section 12-21-4020 of the 1976 Code, as last amended by Act 285 of 1998, is further 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. The department, in its discretion, may allow certain Class C licenses to use hard bingo cards in lieu of the paper cards required by this article.
To qualify to play on hard cards, a bingo game conducted by a Class C license must meet the following criteria:
(a)   be operated solely by volunteers;
(b)   the person managing, conducting, or operating the bingo game may not be paid or otherwise be compensated and must be a designated member of the organization;
(c)   remuneration (including wages or other compensation) may not be made to any individual or corporation;
(d)   all equipment used to operate a game of bingo, including chairs, tables, and other equipment, must be owned by the charity;
(e)   the organization must lease the building directly from the owner of the building or own the building in which the game of bingo is played. The organization may not lease or sublease the building from a person who is not the owner;
(f)   the only expenses allowed to be paid from the proceeds of the game are utility bills, prizes, purchases of cards, payments for the lease of a building, purchases of equipment required to operate a game of bingo, and the charitable purposes of the organization;
(g)   one hundred percent of the net proceeds from the operation of the game must be used for charitable purposes.
(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 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."/
Renumber sections to conform.
Amend title to conform.

Senator CORK explained the amendment.

The amendment was adopted.

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

H. 3784 -- Reps. Haskins, Jordan, Neal, H. Brown, Allison, Altman, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Bowers, G. Brown, Byrd, Cato, Cave, Clyburn, Cobb-Hunter, Cooper, Davenport, Edge, Fleming, Hamilton, J. Hines, M. Hines, Hodges, Howard, Jennings, Kelley, Knotts, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Mack, Maddox, McCraw, McKay, Meacham, Miller, Parks, Phillips, Pinckney, Quinn, Rice, Riser, Robinson, Sandifer, Scott, Sharpe, Simrill, F. Smith, R. Smith, Townsend, Tripp, Trotter, Vaughn, Webb, Whatley, Whipper, Woodrum, Young, Govan, Campsen and Harrell: A BILL TO AMEND CHAPTER 45, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING AND REGULATION OF PHYSICAL THERAPISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF PHYSICAL THERAPISTS INCLUDING, BUT NOT LIMITED TO, DELETING THE REQUIREMENT FOR TREATMENT BY PRESCRIPTION OF A PHYSICIAN OR DENTIST, CLARIFYING THE SCOPE OF PRACTICE, PROHIBITING, RECEIVING, OR IN ANY WAY PARTICIPATING IN REFUNDING FEES FOR PATIENT REFERRALS, REVISING REQUIREMENTS FOR LICENSEES NOT GRADUATING FROM AN APPROVED SCHOOL, ESTABLISHING PROVISIONAL LICENSES AND BIENNIAL LICENSURE, REQUIRING CONTINUING EDUCATION FOR RENEWAL, PROVIDING A CIVIL PENALTY, AND INCREASING CRIMINAL PENALTIES.

Senator J. VERNE SMITH asked unanimous consent to take up the Bill 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 Labor, Commerce and Industry.

The Committee on Labor, Commerce and Industry proposed the following amendment (PSD\7328AC.98), which was adopted:
Amend the bill, as and if amended, Section 40-45-10, page 3784-11, line 21, after / members / by inserting / appointed by the Governor with the advice and consent of the Senate/.
Amend the bill further, Section 40-45-10, page 3784-11, by deleting lines 32-33 and inserting:
/years and until their successors are appointed and qualify./.
Amend the bill further, Section 40-45-200, page 3784-17, by deleting lines 39-40 and inserting:
/upon conviction, must be fined not more than five hundred dollars or imprisoned not more than ninety days, or both. Each violation is a/.
Amend the bill further, Section 40-45-300(B), page 3784-25, line 13, after / supervise / by inserting / except in hospitals licensed by the Department of Health and Environmental Control which may determine their own staffing ratios/.
Renumber sections to conform.
Amend title to conform.

Senator MOORE explained the committee amendment.

The committee amendment was adopted.

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

On motion of Senator J. VERNE SMITH, with unanimous consent, H. 3784 retained its place on the Calendar in the status of Special Order.

H. 4696 -- Reps. Altman and McCraw: A BILL TO AMEND ARTICLE 7, CHAPTER 4, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE CONTROL LAWS AFFECTING WINE ONLY, BY ADDING SECTION 61-4-735 SO AS TO REGULATE CERTAIN PRACTICES BETWEEN WINE MANUFACTURERS, WHOLESALERS, AND RETAILERS, AND TO PROVIDE FOR OTHER PRACTICES AND PROCEDURES APPLICABLE TO THE SALE OF WINE.

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

Senator SALEEBY proposed the following amendment (JUD4696.001), which was adopted:
Amend the bill, as and if amended, page 2, line 26, in Section 61-4-735(D), as contained in SECTION 1, by striking line 26 and inserting therein the following:
/business, a wholesaler, or an importer solely owned by a wholesaler/.
Amend title to conform.

Senator SALEEBY 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.

H. 4949 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-67-270 SO AS TO PROVIDE FOR A COURT-ORDERED LICENSE UNDER CERTAIN CONDITIONS TO ENTER ADJOINING REAL PROPERTY TO EFFECT REPAIRS, MAINTENANCE, OR IMPROVEMENTS ON OTHER PROPERTY UPON A SHOWING OF REASONABLENESS, TO REQUIRE A GOOD FAITH EFFORT TO OBTAIN THE LANDOWNER'S CONSENT BEFORE PETITIONING THE COURT FOR LICENSE TO ENTER, TO DEFINE "GOOD FAITH EFFORT", AND TO SPECIFY LIMITATIONS ON THE SCOPE AND DURATION OF A COURT-ORDERED LICENSE.

Senator McCONNELL 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 committee amendment.

The Committee on Judiciary proposed the following amendment (JUD4949.003), which was adopted:
Amend the bill, as and if amended, page 2, line 5, in Section 15-67-270(B), as contained in SECTION 1, by striking /deemed/ and inserting /considered/.
Amend the bill further, as and if amended, page 2, beginning on line 34, in Section 15-67-270(E), as contained in SECTION 1, by striking subsection (E) in its entirety and inserting therein the following:
/(E)   If the court grants the license, it shall specify:
(1)   the nature of the improvements, repairs, or maintenance to be accomplished;
(2)   the manner in which the improvements, repairs, or maintenance will be accomplished;
(3)   the dates upon which the license begins and ends;
(4)   the amount of compensation to be paid to the property owner over whose property the license is granted;
(5)   that the owner or lessee seeking the license must provide to any person performing improvements, repairs, or maintenance a copy of the court order setting forth the specific conditions of the license; and
(6)   any other terms and conditions the court considers appropriate to minimize disruption to the adjoining owner's or lessee's use and enjoyment of the property over which the license is granted./
Amend title to conform.

Senator McCONNELL explained the committee amendment.

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

The following Bill and Joint Resolutions, having been read the second time, were ordered placed on the third reading Calendar:

S. 1238 -- Senator Moore: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF MAY 8, 1998, MISSED BY THE STUDENTS OF THE SCHOOL DISTRICT OF EDGEFIELD COUNTY WHEN THE SCHOOLS OF THE DISTRICT WERE CLOSED DUE TO SEVERE STORMS AND TORNADOES OCCURRING THE NIGHT OF MAY 7, IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

On motion of Senator MOORE, S. 1238 was ordered to receive a third reading on Wednesday, May 20, 1998.

H. 5083 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO SOUTH CAROLINA ACADEMIC ENDOWMENT INCENTIVE ACT OF 1997/SOUTH CAROLINA HIGHER EDUCATION MATCHING GIFT FUND, DESIGNATED AS REGULATION DOCUMENT NUMBER 2296, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3351 -- Rep. Felder: 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 CERTAIN GAME ZONES TO OBSERVE OR HARASS WILDLIFE, SO AS TO INCLUDE GAME ZONE 3 AS A GAME ZONE TO WHICH THESE PROVISIONS APPLY.

H. 3054 -- Reps. Scott, Bailey, J. Hines and Lloyd: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE FEASIBILITY OF IMPLEMENTING A STATEWIDE MASS TRANSPORTATION SYSTEM.

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

Senator LAND proposed the following amendment (KGH\15586CM.98), which was adopted:
Amend the joint resolution, as and if amended, by striking SECTION 1 in its entirety and inserting:
/SECTION   1.   A committee is created to study the feasibility of creating a mass transportation system for the State of South Carolina. The committee shall develop a plan to implement practical forms of mass transportation to enhance the economic opportunities of all South Carolinians.
The committee is composed of the:
(1)   Chairman of the Senate Transportation Committee, or his designee;
(2)   Chairman of the House Education and Public Works Committee, or his designee;
(3)   Executive Director of the Department of Transportation, or his designee;
(4)   President of the South Carolina Association of Councils on Aging Directors, or his designee;
(5)   Executive Director of the State Budget and Control Board, or his designee; and
(6)   President of the Transportation Association of South Carolina, or his designee.
The committee shall elect one of its members as chairman and other necessary officers. The committee shall meet as often as necessary for the discharge of its business before making its report to the General Assembly.
The members of the committee shall not receive per diem, subsistence, or reimbursement for mileage. The committee shall use the existing staff of the entities from which the membership of the committee is composed.
The committee shall report its findings to the General Assembly one year after the adoption of this resolution. At that time, the committee must be dissolved./
Renumber sections to conform.
Amend title to conform.

Senator LAND explained the amendment.

The amendment was adopted.

Senator LEVENTIS proposed the following amendment (3054L001.PPL), which was adopted:
Amend the bill, as and if amended, page 3054-2, by striking lines 20-22 and inserting:
/The committee shall develop a plan, should the feasibility study determine appropriate measures, to implement practical forms of mass transportation to enhance the economic opportunitites of all South Carolinians./
Amend title to conform.

Senator LEVENTIS explained the amendment.

The amendment was adopted.

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

H. 3121 -- Reps. Kelley and Bauer: 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 51 SO AS TO PROVIDE FOR THE ISSUANCE OF "SOUTH CAROLINA: FIRST IN GOLF" LICENSE PLATES, AND TO PROVIDE FOR THE DISBURSEMENT OF THE FEES COLLECTED.

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

Senators HUTTO and PATTERSON proposed the following amendment (3121R001.CBH):
Amend the bill, as and if amended, by striking all after the title and inserting the following:
/   Be it enacted by the General Assembly of the State of South Carolina:
SECTION   1.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-5200.   (A)   The department may issue a special commemorative 'South Carolina: First In Golf' motor vehicle license plate to establish a special fund to be used by the Department of Parks, Recreation and Tourism to provide grants to promote the South Carolina Junior Golf Association.
The biennial fee for the commemorative license plate is seventy dollars. Twenty-four dollars of this amount must be deposited in the state general fund. Forty-six dollars of this amount must be placed in a special 'South Carolina: First In Golf' fund established within and administered by the Department of Parks, Recreation and Tourism to promote the South Carolina Junior Golf Association.
The commemorative plate must be of the same size and general design of a regular motor vehicle license plate and must be imprinted with the words 'South Carolina: First in Golf'. The plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.
(B)   The provisions of items (B) and (C) of Section 56-3-8000 shall apply to special plates issued pursuant to this section."
SECTION   2.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-8000.   (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)   Before the department produces and distributes a plate authorized under this section, it must receive:
(1) three hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate;
(2) a plan to market the sale of the special license plate which must be approved by the department.
(C) If the department receives less than three hundred biennial applications and renewals for a particular plate authorized under this section, it shall not produce additional plates in that series. The department shall continue to issue plates of that series until the existing inventory is exhausted.
(D) Only certified members of organizations, as set forth by the organization, may be issued a special license plate pursuant to this section. Each certified member may only apply for one special license plate for each vehicle registered in his name.
(E) License plates issued pursuant to this section shall not contain a reference to a private or public college or university in this State or use symbols, designs, or logos of these institutions without the institution's written authorization."
SECTION   3.   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 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.
(D)   The provisions of items (B) and (C) of Section 56-3-8000 shall apply to special plates issued pursuant to this section."
SECTION   4.   Section 56-3-3710(A) of the 1976 Code, is amended to read:
"(A)   The department may issue to owners of private passenger motor vehicles special motor vehicle license plates which may have imprinted on them an emblem, a seal, or other symbol the department considers appropriate of a public college or university or independent institution of higher learning, defined in Section 59-113-50, located in this State. A school may submit to the department for its approval the emblem, seal, or other symbol it desires to be used for its respective special license plate. A school also may request a change in the emblem, seal, or other symbol not more than once every five years once the existing inventory of the license plate has been exhausted. The fee for this special license plate is seventy 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. "
SECTION   5.   This act takes effect upon approval by the Governor./
Amend title to conform.

Senator PATTERSON explained the amendment.

Senator THOMAS objected to further consideration.

H. 3069 -- Reps. Limehouse, Seithel, Bailey and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3500 SO AS TO ALLOW A NONREFUNDABLE CREDIT AGAINST A TAXPAYER'S STATE INCOME TAX LIABILITY FOR A PORTION OF THE TAXPAYER'S CASH INVESTMENT IN A QUALIFIED SOUTH CAROLINA FILM ENTERPRISE, TO PROVIDE DEFINITIONS, AND TO PROVIDE AN ADDITIONAL STATE CORPORATE INCOME TAX CREDIT FOR AMOUNTS INVESTED IN THE CONSTRUCTION OF A MOTION PICTURE PRODUCTION FACILITY IN THIS STATE.

Senator DRUMMOND asked unanimous consent to recommit the Bill to the Committee on Finance, retaining its place on the Calendar.
There was no objection.

At 1:47 P.M., on motion of Senator DRUMMOND, with unanimous consent, the Senate agreed to go into Executive Session.
On motion of Senator DRUMMOND, the seal of secrecy was removed and the Senate stood adjourned.

On motion of Senators MOORE and HOLLAND on behalf of the Senatorial Delegation, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. John Charles "Chuck" Lindsay, Jr. of Bennettsville, S.C., older son of former Senator JACK LINDSAY.

At 2:15 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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