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

Wednesday, May 20, 1998
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

Beloved, Isaiah said these words first, then St. Paul said them to the Corinthians (I Cor. 2:9, 10):
"What no eye has seen, nor ear heard, nor the human heart conceived,
What God has prepared for those who love him... these things God has revealed to us through the Spirit; for the Spirit searches everything..."
Let us pray.
Lord, in our struggle to succeed we know that "wishing won't do it"... nor will hard work alone. We know that attitude has as much to do with success as anything else.
Give us... in our Senate today... and in the House... and with our Governor... such a desire for oneness of purpose, and a will to work together, that will move forward the great programs and plans for our State that, sometimes, get stymied; not only when our wills conflict, but when our attitudes are inadequate.
May we love You so much, that we all will be drawn closer to each other in a fellowship of commitment that will surprise us all with its fruitfulness!
We believe this is possible, because we believe that "eye has not seen, nor ear heard, nor the heart of man conceived what God has prepared for those who love Him."
Amen.

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

MOTION ADOPTED
Confirmation of Statewide Appointments Carried Over

On motion of Senator RYBERG, 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 WASHINGTON, all other appointments on the desk which were reported out of the Executive Sessions of Wednesday, May 6, 1998, and Tuesday, May 19, 1998, and pending confirmation were carried over.

Doctor of the Day

Senator WILSON introduced Dr. Thomas Gibbons of Columbia, S.C., Doctor of the Day.

Leave of Absence

At 11:30 A.M., Senator WALDREP requested a leave of absence for Thursday, May 21, 1998.

Motion to Ratify Adopted

At 11:10 A.M., Senator DRUMMOND asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 12:30 P.M.
There was no objection and a message was sent to the House accordingly.

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

May 12, 1998
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the General Assembly," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointments

Reappointment, York County Master-in-Equity, with term to commence June 30, 1997, and to expire June 30, 2003:
Honorable J. Buford Grier, 383 Grady Drive, Rock Hill, S.C. 29732

Reappointment, Sumter County Master-in-Equity, with term to commence December 31, 1998, and to expire December 31, 2004:
Honorable Linwood S. Evans, Jr., Post Office Box 1273, Sumter, S.C. 29150

Reappointment, Richland County Master-in-Equity, with term to commence April 30, 1997, and to expire April 30, 2003:
Honorable Joseph M. Strickland, Richland County Master-in-Equity, Post Office Box 192, Columbia, S.C. 29202

Reappointment, Orangeburg County Master-in-Equity, with term to commence August 14, 1997, and to expire August 14, 2003:
Honorable Olin D. Burgdorf, Post Office Box 9000, Orangeburg, S.C. 29116

Reappointment, Horry County Master-in-Equity, with term to commence July 31, 1997, and to expire July 31, 2003:
Honorable James Stanton Cross, Jr., Post Office Box 1236, Conway, S.C. 29528

Reappointment, Greenville County Master-in-Equity, with term to commence December 31, 1997, and to expire December 31, 2003:
Honorable Charles B. Simmons, Jr., 11 West Hillcrest Drive, Greenville, S.C. 29609

Reappointment, Dorchester County Master-in-Equity, with term to commence June 30, 1998, and to expire June 30, 2004:
Honorable Patrick Robert Watts, 212 Deming Way, Bin 12, Summerville, S.C. 29483

Reappointment, Beaufort County Master-in-Equity, with term to commence June 6, 1997, and to expire June 6, 2003:
Honorable Thomas Kemmerlin, Jr., Post Office Drawer 1228, Beaufort, S.C. 29901

Initial Appointment, Spartanburg County Master-in-Equity, with term to commence June 30, 1997, and to expire June 30, 2003:
Honorable Roger L. Couch, 1612 Holly Berry Lane, Spartanburg, S.C. 29301 VICE Thomas J. DeZern (retired)

Initial Appointment, Berkeley County Master-in-Equity, with term to commence November 7, 1996, and to expire November 7, 2002:
Honorable D. Mark Stokes, 5812 Lakeview Drive, Hanahan, S.C. 29406 VICE Daniel F. Pieper (resigned)

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

May, 13, 1998
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointments

Reappointment, Sumter County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable George R. Gibson, Post Office Box 236, Mayesville, S.C. 29104

Reappointments, Pickens County Magistrate, with terms to commence April 30,1998, and to expire April 30, 2002:
Honorable Ernest David Forrest, Sr., 135 Folger Avenue, Easley, S.C. 29640-2901
Honorable John B. Robinson, Jr., 115-B Commons Way, Central, S.C. 29630-4107

Reappointments, McCormick County Magistrate, with terms to commence April 30, 1998, and to expire April 30, 2002:
Honorable Donald R. Neal, 109 Augusta Street, McCormick, S.C. 29835
Honorable Patty L. Smith, Post Office Box 1027, McCormick, S.C. 29835

Reappointment, Lee County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Joseph S. Scarborough, Post Office Box 127, Lynchburg, S.C. 29080

Reappointment, Lancaster County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Lee R. Deese, 3301 Lee Deese Road, Kershaw, S.C. 29067
Reappointments, Greenville County Magistrate, with terms to commence April 30, 1998, and to expire April 30, 2002:
Honorable Bobby L. Morgan, Post Office Box 506, Marietta, S.C. 29661-0506
Honorable R. Carey Werner, 200 Wilson Road, Greer, S.C. 29650
Honorable Diane D. Cagle, 6247 White Horse Road, Greenville, S.C. 29611-3845
Honorable Josephine H. Vernon, 114 North Poinsett Highway, Travelers Rest, S.C. 29690-1820

Reappointments, Florence County Magistrate, with terms to commence April 30, 1998, and to expire April 30, 2002:
Honorable Roy C. Roberts, Post Office Box 374, Johnsonville, S.C. 29555
Honorable James M. Lynch, 826 South Warren Street, Timmonsville, S.C. 29161
Honorable James R. Harwell, 5001 Rankin Plantation Road, Florence, S.C. 29506

Reappointment, Edgefield County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Brenda B. Carpenter, Post Office Box 93, Trenton, S.C. 29847

Initial Appointment, Spartanburg County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable Johnny L. Cash, 421 Green Valley Drive, Chesnee, S.C. 29323 VICE Harold W. Pryor (resigned)

Initial Appointment, Sumter County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable George M. McFaddin, Jr., Post Office Box 3130, Sumter, S.C. 29151-3130 VICE Martha P. Upshur

Initial Appointment, Richland County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable James K. Redding, 308 Stonegate Drive, Columbia, S.C. 29223 VICE Clifford E. Eisenhower (resigned)

Initial Appointment, Marlboro County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable Robert A. Stanton, 2543 Academy Road, McColl, S.C. 29570 VICE James Elbert Jones

Initial Appointment, Cherokee County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Roland T. Hardy, 207 Serene Drive, Gaffney, S.C. 29340 VICE Clinton L. McClary (resigned)

Initial Appointment, Anderson County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable William G. Bates, 231 Griffin Farm Road, Honea Path, S.C. 29654 VICE Charlie Dale Martin (resigned)/Roger Scott (vacated)
Honorable William E. Gilmer, 306 Elizabeth Street, Honea Path, S.C. 29654 VICE John B. Ashley, Sr. (resigned)
Honorable Frank Mauldin, 102 Rucker Road, Anderson, S.C. 29624 VICE Robert G. Gilstrap (resigned)

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

May 18, 1998
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the General Assembly," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointments

Reappointment, Charleston County Master-in-Equity, with term to commence December 24, 1998, and to expire December 24, 2004:
Honorable Roger M. Young, 8121 Greenridge Road, North Charleston, S.C. 29406-9769

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

May 18, 1998
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the General Assembly," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointments

Reappointment, Charleston County Voter Registration Board, with term to commence March 15, 1998, and to expire March 15, 2000:
Honorable Flora P. Condon, 751 Jim Isle Drive, Charleston, S.C. 29412

Reappointments, Charleston County Voter Registration Board, with terms to commence March 15, 1998, and to expire March 15, 2000:
Ms. Flora P. Condon, 751 Jim Isle Drive, Charleston, S.C. 29412
Ms. Pearl M. Crawford, 41 Vincent Drive, Mount Pleasant, S.C. 29464
Ms. Louise M. Hill, 157 Grove Street, Charleston, S.C. 29403

Reappointments, Barnwell County Board of Voter Registration, with terms to commence March 15, 1998, and to expire March 15, 2000:
Ms. Dorothy N. Kirkland, 736 Snapper Road, Blackville, S.C. 29817
Ms. Helen A. Joyner, 3 Mansfield Drive, Williston, S.C. 29853
Ms. Nancy E. Davis, 166 Winton Street, Barnwell, S.C. 29812

Reappointment, Dillon County Board of Voter Registration, with term to commence March 15, 1998, and to expire March 15, 2000:
Ms. Linda S. Edwards, 814 Mark Road, Dillon, S.C. 29536

Reappointments, Spartanburg County Voter Registration Board, with terms to commence March 27, 1998 and to expire March 15, 2000:
Mr. Frederick D. Watson, 150 Kelseys Mill Road, Campobello, S.C. 29322
Ms. Dodie W. Graham, 120 Somerset Lane, Spartanburg, S.C. 29302

Reappointments, Greenwood County Board of Voter Registration, with terms to commence March 15, 1998, and to expire March 15, 2000:
Mr. Joseph T. Ligon, 4122 McCormick Highway, Bradley, S.C. 29819
Mr. Robert M. Haynie, 304 Lodge Drive, Greenwood, S.C. 29646
Mr. Harry W. Sparks, 312 Ridgeway, Greenwood, S.C. 29649

Reappointments, Dillon County Board of Voter Registration, with terms to commence March 15, 1998, and to expire March 15, 2000:
Ms. Jean L. Thompson, 2074 Joann Branch Road, Lake View, S.C. 29563
Ms. Patricia D. Miller, 354 Pleasant Hill Road, Dillon, S.C. 29536

Initial Appointments, Clarendon County Board of Voter Registration, with terms to commence March 15, 1998, and to expire March 15, 2000:
At-Large:
Ms. Emilee I. Hemingway, Post Office Box 279, Manning, S.C. 29102 VICE Ellen Ardis
Ms. Rosa T. Dingle, Post Office Box 644, Manning, S.C. 29102 VICE Rosetti Blanding

Initial Appointment, Williamsburg County Board of Voter Registration, with term to commence March 15, 1998, and to expire March 15, 2000:
At-Large:
Mr. Gordon B. Jenkinson, III, 300 Academy Street, Kingstree, S.C. 29556 VICE Roger T. McGill

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

May 19, 1998
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointments

Reappointment, Charleston County Voter Registration Board, with term to commence March 15, 1998, and to expire March 15, 2000:
Ms. Alice K. Mitchell, 2011 Savage Road, Charleston, S.C. 29407

Initial Appointment, Greenville County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Leila Foster, 12 Howe Street, Greenville, S.C. 29601-3520 VICE Dorothy Lee Butler

Message from the House

Columbia, S.C., May 14, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the following:

LOCAL APPOINTMENT

Reappointment, Horry County Master-in-Equity, with term to commence July 31, 1997, and to expire July 31, 2003:
Honorable James Stanton Cross, Jr., Post Office Box 1236, Conway, S.C. 29528

Very respectfully,
Speaker of the House
Received as information.

Message from the House

Columbia, S.C., May 14, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the following:

LOCAL APPOINTMENT

Reappointment, Greenville County Master-in-Equity, with term to commence December 31, 1997, and to expire December 31, 2003:
Honorable Charles B. Simmons Jr., 11 West Hillcrest Drive, Greenville, S.C. 29609

Very respectfully,
Speaker of the House
Received as information.

Message from the House

Columbia, S.C., May 14, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the following:

LOCAL APPOINTMENT

Reappointment, Dorchester County Master-in-Equity, with term to commence June 30, 1998, and to expire June 30, 2004:
Honorable Patrick Robert Watts, 212 Deming Way, Bin 12, Summerville, S.C. 29483

Very respectfully,
Speaker of the House
Received as information.

Message from the House

Columbia, S.C., May 14, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the following:

LOCAL APPOINTMENT

Reappointment, Charleston County Master-in-Equity, with term to commence December 24, 1998, and to expire December 24, 2004:
Honorable Roger M. Young, 8121 Greenridge Road, North Charleston, S.C. 29406-9769

Very respectfully,
Speaker of the House
Received as information.

Message from the House

Columbia, S.C., May 14, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the following:

LOCAL APPOINTMENT

Initial Appointment, Berkeley County Master-in-Equity, with term to commence November 7, 1996, and to expire November 7, 2002:
Honorable D. Mark Stokes, 5812 Lakeview Drive, Hanahan, S.C. 29406

Very respectfully,
Speaker of the House
Received as information.

Message from the House

Columbia, S.C., May 14, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the following:

LOCAL APPOINTMENT

Reappointment, Orangeburg County Master-in-Equity, with term to commence August 14, 1997, and to expire August 14, 2003:
Honorable Olin D. Burgdorf, Post Office Box 9000, Orangeburg, S.C. 29116

Very respectfully,
Speaker of the House
Received as information.

Message from the House

Columbia, S.C., May 14, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the following:

LOCAL APPOINTMENT

Reappointment, York County Master-in-Equity, with term to commence June 30, 1997, and to expire June 30, 2003:
Honorable J. Buford Grier, 383 Grady Drive, Rock Hill, S.C. 29732

Very respectfully,
Speaker of the House
Received as information.

Message from the House

Columbia, S.C., May 14, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the following:

LOCAL APPOINTMENT

Reappointment, Richland County Master-in-Equity, with term to commence April 30, 1997, and to expire April 30, 2003:
Honorable Joseph M. Strickland, Post Office Box 192, Columbia, S.C. 29202

Very respectfully,
Speaker of the House
Received as information.

Message from the House

Columbia, S.C., May 14, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the following:

LOCAL APPOINTMENT

Reappointment, Beaufort County Master-in-Equity, with term to commence June 6, 1997, and to expire June 6, 2003:
Honorable Thomas Kemmerlin, Jr., Post Office Drawer 1228, Beaufort, S.C. 29901

Very respectfully,
Speaker of the House
Received as information.

Message from the House

Columbia, S.C., May 14, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the following:

LOCAL APPOINTMENT

Initial Appointment, Spartanburg County Master-in-Equity, with term to commence June 30, 1997, and to expire June 30, 2003:
Honorable Roger L. Couch, 1612 Holly Berry Lane, Spartanburg, S.C. 29301

Very respectfully,
Speaker of the House
Received as information.

Message from the House

Columbia, S.C., May 16, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the following:

LOCAL APPOINTMENT

Reappointment, Sumter County Master-in-Equity, with term to commence December 31, 1998, and to expire December 31, 2004:
Honorable Linwood S. Evans, Jr., Post Office Box 1273, Sumter, S.C. 29150

Very respectfully,
Speaker of the House
Received as information.

RECALLED

H. 4801 -- Rep. Boan: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE SALES TAX, SO AS TO CLARIFY THE TYPES OF SCHOOL MATERIALS WHICH QUALIFY FOR THE EXEMPTION AND TO DELETE THE REQUIREMENT THAT FESTIVALS MUST BE OFFICIALLY RECOGNIZED AS SPECIAL EVENTS BEFORE CONCESSIONS SOLD THERE ARE EXEMPT.

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

RECALLED

H. 4822 -- Rep. Jennings: A BILL TO AMEND SECTION 12-54-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF A WARRANT OF DISTRAINT IN INSTANCES OF PAST DUE TAXES, SO AS TO CREATE A LIEN IN FAVOR OF THE DEPARTMENT OF REVENUE AGAINST ALL PROPERTY OF A PERSON WHO DOES NOT PAY PAST DUE TAXES; AND BY ADDING SECTION 12-54-122 SO AS TO REFER TO THE LIEN AS "TAX LIEN" AND TO DESCRIBE ITS EFFECTS, TO DEFINE MATERIAL TERMS, AND TO SET FORTH PROCEDURES FOR ESTABLISHING AND ENFORCING THE VALIDITY AND PRIORITY OF THE TAX LIEN IMPOSED FOR PAST DUE TAXES.

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

RECALLED

H. 4848 -- Rep. Boan: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING SECTION 12-58-185 SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO GRANT AN EXTENSION OF TIME FOR PAYMENT OF AN AMOUNT DUE TO AN INNOCENT TAXPAYER AND ALLOW THE REQUIREMENT OF A BOND; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO PENALTIES IN CONNECTION WITH TAX COLLECTION AND ENFORCEMENT, SO AS TO PROHIBIT THE PREPARATION OF A TAX RELATED DOCUMENT BY ONE WHO HAS BEEN CONVICTED OF PREPARING A FRAUDULENT TAX DOCUMENT AND TO PROVIDE PENALTIES FOR ONE WHO VIOLATES THE PROHIBITION; TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO TIME LIMITS AND EXCEPTIONS FOR ASSESSMENT OF A TAX OR FEE, SO AS TO ALLOW A CORPORATE TAXPAYER NINETY DAYS TO REPORT TO THE DEPARTMENT OF REVENUE AN ADJUSTMENT IN THE TAXPAYER'S TAXABLE INCOME MADE BY THE INTERNAL REVENUE SERVICE; TO AMEND SECTION 12-54-227, AS AMENDED, RELATING TO OUT-OF-STATE TAX COLLECTION, SO AS TO ALLOW THE NOTICE TO INCLUDE LATER TAX DEBTS; AND TO REPEAL SECTION 12-54-140 RELATING TO REPORTING REQUIREMENTS FOR INTERNAL REVENUE SERVICE ADJUSTMENTS IN TAXABLE INCOME AND SECTION 12-58-140, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE TO ENTER INTO AN INSTALLMENT PLAN FOR PAYMENT BY A TAXPAYER.

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

RECALLED

H. 4850 -- Rep. Boan: A BILL TO AMEND SECTION 12-8-570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHHOLDING OF A PORTION OF A TRUST DISTRIBUTION TO A NONRESIDENT BENEFICIARY FOR TAX PURPOSES, SO AS TO EXEMPT ALSO DISTRIBUTIONS TO A NONRESIDENT BENEFICIARY WHO IS EXEMPT FROM TAXATION UNDER SECTION 501 OF THE INTERNAL REVENUE CODE AND A NONRESIDENT BENEFICIARY WHO SUBMITS TO THIS STATE'S JURISDICTION FOR DETERMINING TAX LIABILITY; TO AMEND SECTION 12-8-580, RELATING TO WITHHOLDING OF A PORTION OF THE PURCHASE PRICE BY A BUYER WHEN THE SELLER IS A NONRESIDENT, SO AS TO FURTHER PROVIDE FOR THE PROPERTY WHICH IS SUBJECT TO THE WITHHOLDING REQUIREMENTS; TO AMEND SECTION 12-8-1030, RELATING TO AN INCORRECT WITHHOLDING EXEMPTION CERTIFICATE, SO AS TO ESTABLISH PROCEDURES FOR THE EMPLOYER, EMPLOYEE, AND DEPARTMENT OF REVENUE FOR DETERMINATION OF THE CORRECT NUMBER OF EXEMPTIONS AND APPEAL OF THAT DETERMINATION AND TO GIVE EMPLOYERS UNTIL MARCH 31, 1999, TO COMPLY; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO PENALTIES IN CONNECTION WITH A WRONGFUL CLAIM OF WITHHOLDING EXEMPTIONS, SO AS TO CHANGE THE REFERENCE TO CHAPTER 8 INSTEAD OF CHAPTER 9, TO INCREASE THE MAXIMUM FINE TO ONE THOUSAND DOLLARS, AND TO MAKE THE OFFENSE TRIABLE IN MAGISTRATE'S COURT; TO AMEND SECTION 12-54-46, RELATING TO THE FILING OF A FALSE WITHHOLDING EXEMPTION CERTIFICATE, SO AS TO DELETE THE MAXIMUM LIMIT ON THE FINE; AND TO REPEAL SECTION 12-54-45 RELATING TO THE PENALTY FOR SUPPLYING AN EMPLOYER WITH FALSE OR FRAUDULENT INFORMATION AS TO THE NUMBER OF EXEMPTIONS.

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

RECALLED

H. 4851 -- Rep. Boan: A BILL TO AMEND SECTION 12-4-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A WITNESS APPEARING BEFORE THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE THAT THE COMPENSATION OR FEE OF THE WITNESS, OR THAT OF AN OFFICER SERVING PROCESS, BE PAID FROM INCOME TAX REVENUES; TO AMEND SECTION 12-6-3370, RELATING TO A STATE INCOME TAX CREDIT IN CONNECTION WITH A WATER CONTROL SYSTEM, SO AS TO FURTHER PROVIDE FOR THE REQUIREMENTS IN ORDER TO QUALIFY FOR THE CREDIT; TO AMEND SECTION 12-6-4970, RELATING TO TIME FOR FILING OF TAX RETURN, SO AS TO ESTABLISH TIMES FOR FILING BY A FOREIGN CORPORATION WITHOUT A PLACE OF BUSINESS IN THE UNITED STATES AND BY ELECTRONIC FILING; TO AMEND SECTION 12-6-5550, RELATING TO INCOME TAX REFUNDS, SO AS TO PROVIDE THAT FEDERAL AND STATE REFUNDS ARE PAYABLE TO SURVIVING SPOUSE OF DECEASED TAXPAYER; TO AMEND SECTION 12-11-30, RELATING TO THE INCOME TAX REPLACING MOST OTHER TAXES AGAINST BANKS, SO AS TO CHANGE REFERENCES IN THE SECTION FROM "DOCUMENTARY STAMP TAX" TO "DEED RECORDING FEE"; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO CORPORATION LICENSE FEES, SO AS TO ALLOW REDUCTION OF THE FEE BY CERTAIN INCOME TAX CREDITS; TO AMEND SECTION 12-21-2550, RELATING TO STAMP AND BUSINESS LICENSE TAXES, SO AS TO DELETE THE TEN PERCENT PENALTIES FOR FAILURE TO MAKE A RETURN OR TO TIMELY PAY THE TAX DUE; TO AMEND SECTION 12-21-6580, RELATING TO CALCULATION OF ADMISSIONS TAX ON EXPANDED FACILITIES, SO AS TO UPDATE CROSS REFERENCES; TO AMEND SECTION 12-36-1340, RELATING TO COLLECTION OF SALES AND USE TAX BY A RETAIL SELLER, SO AS TO REVISE THE CIRCUMSTANCES WHEN A SELLER MUST COLLECT AND REMIT TAX AND OBTAIN A RETAIL LICENSE FROM THE DEPARTMENT; TO AMEND SECTION 12-37-2860, AS AMENDED, RELATING TO ONE-TIME FEES ON SEMI-TRAILERS AND TRAILERS OF MOTOR CARRIERS, SO AS TO ALLOW THE DEPARTMENT TO KEEP AND SPEND THE FEE REVENUE FOR ADMINISTRATION OF THE FEE AND PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL DESIGN A PERMANENT TAG FOR DISPLAY ON THE REAR EXTERIOR OF THE TRAILER OR SEMI-TRAILER; TO AMEND SECTION 12-54-25, AS AMENDED, RELATING TO INTEREST DUE ON REFUNDED OR CREDITED TAX, SO AS TO PROVIDE THE INTEREST BE PAID FROM REVENUE RAISED BY THE SAME TYPE TAX AS THAT BEING REFUNDED OR CREDITED; TO AMEND SECTION 12-54-55, AS AMENDED, RELATING TO PENALTIES FOR THE UNDERPAYMENT OF DECLARATION OF INCOME TAX, SO AS TO FURTHER PROVIDE FOR THE PENALTY TO BE APPLIED; TO AMEND SECTION 12-54-160, RELATING TO WAIVER BY THE DEPARTMENT OF REVENUE OF PENALTIES ON PAST DUE TAXES, SO AS TO PROHIBIT WAIVER OF INTEREST; TO AMEND SECTION 12-56-90, RELATING TO SET-OFF DEBT COLLECTION, SO AS TO PROVIDE THAT THE EXCHANGE OF INFORMATION AMONG THE DEPARTMENT OF REVENUE, THE DEBTOR, AND THE CLAIMANT AGENCY IS LAWFUL; AND TO AMEND SECTION 44-96-170, AS AMENDED, RELATING TO SOLID WASTE REGULATION AND DISPOSAL, SO AS TO PROVIDE FOR A REFUND OF THE NEW TIRE FEE FOR EACH WASTE TIRE TAKEN TO A WASTE TIRE DISPOSAL FACILITY AND DELETE REQUIREMENTS THAT CERTAIN REFUNDS MUST BE CHARGED AGAINST A COUNTY'S DISTRIBUTION.

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

RECALLED

H. 4853 -- Rep. Boan: A BILL TO AMEND SECTION 12-28-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM TAX ON MOTOR FUEL, SO AS TO SET PERCENTAGES OF REFUND FOR TAXABLE MOTOR FUEL USED TO OPERATE CERTAIN POWER TAKE-OFF EQUIPMENT, AND TO EXEMPT KEROSENE IN CERTAIN INSTANCES AND MOTOR FUEL USED TO TRANSPORT STUDENTS FOR STATE-FUNDED INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 12-28-1730, RELATING TO PENALTIES IN CONNECTION WITH TAX ON MOTOR FUEL, SO AS TO FURTHER PROVIDE FOR THE CIVIL PENALTIES WHICH MAY BE IMPOSED REGARDING THE SALE OR USE OF DYED FUEL; AND TO REPEAL SECTIONS 12-31-220 AND 12-31-250 RELATING TO TEMPORARY AND BIENNIAL REGISTRATION CARDS AND IDENTIFICATION MARKERS FOR MOTOR CARRIERS.

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

RECALLED

H. 4947 -- Reps. Pinckney, Mullen and Rodgers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-143 SO AS TO CREATE A NO-WAKE ZONE ON A CERTAIN PORTION OF THE LITTLE CHECHESSEE CREEK IN BEAUFORT COUNTY.

Senator CORK asked unanimous consent to make a motion to recall the Bill from the Committee on Fish, Game and Forestry.
There was no objection.

RECALLED

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.

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

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1240 -- Senator Courson: A CONCURRENT RESOLUTION TO RECOGNIZE THE COLUMBIA STAR NEWSPAPER AS AN EXEMPLARY FAMILY BUSINESS AND ITS OWNERS, DR. WARNER M. MONTGOMERY AND MIMI M. MADDOCK, AND TO CONGRATULATE THEM FOR THEIR ACHIEVEMENTS IN THE AREA OF COMMUNITY JOURNALISM.
The Concurrent Resolution was adopted, ordered sent to the House.

S. 1241 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BUILDING CODES COUNCIL, RELATING TO DEFINITIONS; REGISTRATION REQUIRED; CLASSIFICATIONS REQUIRING REGISTRATION; MAXIMUM TIME FOR REGISTRATION; APPLICATION REQUIRED; QUALIFICATIONS FOR CERTIFICATION; EXEMPTIONS; REGISTRATION RENEWAL; FEES; CONTINUING EDUCATION; POWERS OF COUNCIL; CONFLICT OF INTEREST; DENIAL, SUSPENSION, AND REVOCATION; PREFERRING OF CHARGES AND HEARING; APPEAL FROM ACTION OF COUNCIL; REGISTRATION REINSTATEMENT AND REPLACEMENT; PENALTIES; INJUNCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2282, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.

S. 1242 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BUILDING CODES COUNCIL, RELATING TO PURPOSE; DEFINITIONS; POWERS, DUTIES, AND RESPONSIBILITIES OF COUNCIL; DUTIES AND RESPONSIBILITIES OF DEPARTMENT; COUNCIL OFFICERS; COUNCIL MEETINGS; BUILDING CODES; ENERGY STANDARDS; INJUNCTIVE RELIEF; PENALTIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2283, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.

S. 1243 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, MASSAGE/BODYWORK THERAPY, RELATING TO SCHOOLS, RECIPROCITY; LICENSES, SEXUAL ACTIVITY PROHIBITED; CONTINUING EDUCATION; CHANGE OF ADDRESS OR NAME; COMMUNICABLE DISEASE CONTROL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2284, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.

S. 1244 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS, RELATING TO RE-EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2274, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.

S. 1245 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, MANUFACTURED HOUSING BOARD, RELATING TO MANUFACTURED HOUSING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2277, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.

H. 4408 -- Reps. Meacham, Neilson, Sandifer, Bailey, Govan, Woodrum, McKay, Kirsh, Martin, Maddox, Canty, Mullen, Young-Brickell, Byrd, Inabinett, Neal, McGee, D. Smith, Lanford and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-25 SO AS TO MAKE IT AN UNFAIR OR DECEPTIVE ACT OR PRACTICE IN THE CONDUCT OF TRADE OR COMMERCE FOR A PERSON WHO MAILS CERTAIN MERCHANDISE CATALOGUES OR CERTAIN BROCHURES, LEAFLETS, FLYERS, OR OTHER ITEMS OF MAIL TO A RECIPIENT TO FAIL TO HONOR THE RECIPIENT'S REQUEST THAT THE MAILER CEASE SENDING SUCH CATALOGUES, BROCHURES, LEAFLETS, FLYERS, OR OTHER ITEMS OF MAIL AND TO PROVIDE FOR RELATED MATTERS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 5141 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO NATURAL PUBLIC SWIMMING AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2261, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and on motion of Senator MOORE, with unanimous consent, ordered placed on the Calendar without reference.

H. 5143 -- Rep. Fleming: A BILL TO ENACT THE SCHOOL DISTRICT OF UNION COUNTY SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN UNION COUNTY NOT TO EXCEED TWO PERCENT FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION; AND TO AMEND ACT 79 OF 1955, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF UNION COUNTY, SO AS TO DELETE PROVISIONS PERTAINING TO CERTAIN PROCEDURAL MATTERS OF THE BOARD AND COMPENSATION OF BOARD MEMBERS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.

H. 5150 -- Rep. Clyburn: 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.
Read the first time and ordered placed on the local and uncontested Calendar without reference.

H. 5159 -- Reps. Wilkins, Haskins, Harrison, Cato, H. Brown, Townsend, J. Brown, Sharpe and D. Smith: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 4, 1998, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, JUNE 16, 1998, IN STATEWIDE SESSION AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL WEDNESDAY, JUNE 17, 1998, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS ON WEDNESDAY, JUNE 17, 1998, NOT LATER THAN 5:00 P.M., THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Introduced and referred to the Chairmen's Committee.

H. 5160 -- Reps. Delleney, D. Smith and Canty: A CONCURRENT RESOLUTION TO FIX 12:00 NOON, TUESDAY, JUNE 16, 1998, AS THE TIME FOR ELECTING A SUCCESSOR TO A JUDGE OF THE FIRST JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998, AND TO ELECT A SUCCESSOR TO A JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2003.
Introduced and referred to the Committee on Judiciary.

H. 5163 -- Rep. Delleney: A CONCURRENT RESOLUTION TO EXTEND THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE CHIEF OF THE RICHBURG VOLUNTEER FIRE DEPARTMENT, BARNETTE (BARNEY) NICHOLS, OF CHESTER COUNTY UPON RECEIVING THE JAMES B. MURPHY SOUTH CAROLINA FIREFIGHTER OF THE YEAR AWARD, AN HONOR PRESENTED ANNUALLY BY THE SOUTH CAROLINA FIREMEN'S ASSOCIATION.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 5164 -- Reps. Young and Woodrum: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE FIRST PRESBYTERIAN CHURCH OF SUMTER UPON THE CELEBRATION OF ITS ONE HUNDRED SEVENTY-FIFTH ANNIVERSARY.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 5167 -- Reps. Harvin and Young: A CONCURRENT RESOLUTION TO CONGRATULATE MISS LORI M. GILSTRAP OF CLARENDON COUNTY ON BEING SELECTED MISS SOUTH CAROLINA NATIONAL TEENAGER AND TO WISH HER MUCH SUCCESS AS SHE COMPETES FOR THE TITLE OF AMERICA'S NATIONAL TEENAGER.
The Concurrent Resolution was adopted, ordered returned to the House.

REPORTS OF STANDING COMMITTEES

Senator MOORE from the Committee on Judiciary submitted a favorable with amendment report on:
S. 807 -- Senator Fair: A BILL TO AMEND SECTION 23-3-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RELEASE OF INFORMATION TO THE PUBLIC CONCERNING THE NAMES OF PERSONS REQUIRED TO REGISTER WITH THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE FURTHER CIRCUMSTANCES UNDER WHICH THE NAME OF AN OFFENDER MAY BE RELEASED TO A PERSON WHO HAS REASON TO BELIEVE THAT AN OFFENDER IS LIVING WITHIN A ONE-MILE RADIUS OF HIS RESIDENCE.
Ordered for consideration tomorrow.

Senator MOORE from the Committee on Medical Affairs polled out S. 1155 favorable:
S. 1155 -- Senators Leventis, Lander, Elliott, Matthews and Waldrep: A BILL TO AMEND SECTION 44-56-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING REHABILITATION PRIORITIES AT CONTAMINATED DRYCLEANING FACILITIES, SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY NOT EXPEND FROM THE DRYCLEANING FACILITY RESTORATION FUND MORE THAN TWO HUNDRED FIFTY THOUSAND DOLLARS ANNUALLY FOR INVESTIGATION AND REHABILITATION ACTIVITIES, RATHER THAN TO LIMIT EXPENDITURES TO FIVE PERCENT OF THE AVERAGE COLLECTED ANNUAL BALANCE OF THE FUND AND TO AMEND SECTION 44-56-470 RELATING TO ANNUAL DRYCLEANING FACILITY REGISTRATION FEES, SO AS TO EXTEND FROM DECEMBER 1, 1996, TO JULY 1, 1999, THE TIME WITHIN WHICH A FACILITY OWNER OR OPERATOR MUST DEMONSTRATE, THROUGH OBTAINING CERTIFICATION, COMPETENCY TO OPERATE A FACILITY AND MUST INSTALL DIKES OR OTHER CONTAINMENT STRUCTURES AROUND EQUIPMENT.

Poll of the Medical Affairs Committee
Ayes 17; Nays 0; Not Voting 1

AYES

Moore                     J. Verne Smith            Peeler
Bryan                     Courson                   Giese
Thomas                    Hayes                     Cork
Jackson                   Short                     Fair
Hutto                     Anderson                  Leventis
Branton                   Grooms

TOTAL--17

NAYS

TOTAL--0

NOT VOTING

Alexander

TOTAL--1

Ordered for consideration tomorrow.

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

Senator MOORE from the Committee on Judiciary submitted a majority favorable with amendment and Senator JACKSON a minority unfavorable report on:
H. 4360 -- Reps. Limehouse, Wilkins, Altman, Barrett, Bauer, Barfield, H. Brown, Campsen, Cato, Dantzler, Davenport, Delleney, Felder, Fleming, Harrell, Harrison, Haskins, Hawkins, Jordan, Keegan, Kelley, Kinon, Klauber, Law, Littlejohn, Lloyd, McMaster, Maddox, Rice, Riser, Robinson, Sandifer, D. Smith, F. Smith, R. Smith, Tripp, Trotter, Vaughn, Whatley, Witherspoon, Young, Bailey, Cotty, Hinson, Gamble, Knotts, Leach, Meacham, Rodgers, Seithel, Stille, Easterday, Mason, Young-Brickell and J. Smith: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 48 SO AS TO ENACT THE "SEXUALLY VIOLENT PREDATOR ACT" INCLUDING PROVISIONS TO ESTABLISH PROCEDURES FOR DETERMINING IF A PERSON IS A SEXUALLY VIOLENT PREDATOR, TO PROVIDE FOR THE RIGHTS OF SUCH PERSONS IN THIS PROCESS, AND TO AUTHORIZE THE COMMITMENT OF SUCH PERSON TO THE DEPARTMENT OF MENTAL HEALTH UPON ANTICIPATION OF RELEASE FROM INCARCERATION UNTIL THE PERSON IS SAFE TO BE AT LARGE; TO AMEND SECTION 16-3-1110, RELATING TO DEFINITIONS IN REGARD TO COMPENSATION OF VICTIMS OF CRIME AND TOLLING THE STATUTE OF LIMITATIONS FOR VICTIMS OF CRIME WHO HAVE A CAUSE OF ACTION AGAINST AN INCARCERATED OFFENDER, SO AS TO FURTHER PROVIDE FOR THE TOLLING OF THE STATUTE OF LIMITATIONS FOR VICTIMS OF CRIME IN REGARD TO PERSONS RELEASED FROM COMMITMENT PURSUANT TO CHAPTER 48 OF TITLE 44; TO AMEND CHAPTER 3, TITLE 24, RELATING TO THE STATE PRISON SYSTEM, BY ADDING SECTION 24-3-85 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ADMIT AND DETAIN PERSONS TRANSFERRED PURSUANT TO AN INTERAGENCY AGREEMENT AUTHORIZED BY CHAPTER 48 OF TITLE 44; AND TO AMEND SECTION 44-22-10, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO THE RIGHTS OF MENTAL HEALTH PATIENTS, SO AS TO EXCLUDE FROM THE DEFINITION OF "PATIENT" A PERSON COMMITTED TO THE DEPARTMENT PURSUANT TO CHAPTER 48 OF TITLE 44.
Ordered for consideration tomorrow.

Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4611 -- Rep. Beck: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-7-1000 SO AS TO PROVIDE THE CONDITIONS UNDER WHICH A MUNICIPALITY MAY POOL ITS PRECINCTS FOR MUNICIPAL ELECTIONS.
Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:
H. 4785 -- Reps. Wilkins and Harrison: A BILL TO AMEND SECTION 33-42-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHDRAWAL OF A LIMITED PARTNER FROM A LIMITED PARTNERSHIP, SO AS TO PROVIDE THAT A LIMITED PARTNER MAY WITHDRAW ONLY AT THE TIME OR UPON THE HAPPENING OF EVENTS SPECIFIED IN A WRITTEN PARTNERSHIP AGREEMENT.
Ordered for consideration tomorrow.

Senator MOORE from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4805 -- Reps. McGee, Campsen, Meacham, Knotts, McKay, Kinon, Simrill, Jordan, Martin, Kirsh, J. Brown, Stuart, Wilkins, Barrett, Young, Clyburn, Woodrum, Harrison, Klauber, Easterday, Gourdine, Spearman, Fleming, Haskins, Moody-Lawrence, Limehouse, Harrell and Robinson: A BILL TO AMEND SECTION 23-3-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RELEASE OF SEX OFFENDER REGISTRY INFORMATION TO THE PUBLIC, SO AS TO PROVIDE THAT A REQUEST FOR INFORMATION DOES NOT HAVE TO BE WRITTEN; TO AUTHORIZE NOTIFICATION OF RESIDENTS OF AN OFFENDER LIVING WITHIN ONE MILE OF THEIR RESIDENCE IF THE SHERIFF HAS REASON TO BELIEVE THAT NOTIFICATION IS IN THE PUBLIC'S BEST INTEREST AND THAT BASED ON CRITERIA ESTABLISHED BY THE STATE LAW ENFORCEMENT DIVISION THAT THE OFFENDER MAY REPEAT A SEXUAL OFFENSE; AND TO PROVIDE IMMUNITY FOR INFORMATION RELEASED IN GOOD FAITH AND IN ACCORDANCE WITH THIS SECTION.
Ordered for consideration tomorrow.

Senator MOORE from the Committee on Judiciary submitted a favorable report on:
H. 4902 -- Reps. Robinson, Boan and D. Smith: A BILL TO AMEND SECTION 33-44-801, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EVENTS CAUSING DISSOLUTION AND WINDING UP OF A LIMITED LIABILITY COMPANY'S BUSINESS, SO AS TO DELETE DISASSOCIATION OF A MEMBER AS A DISSOLVING EVENT AND TO DELETE REFERENCE TO FUTURE DISTRIBUTIONS; TO AMEND SECTION 33-44-103, RELATING TO AN OPERATING AGREEMENT AMONG MEMBERS OF A LIMITED LIABILITY COMPANY, SECTION 33-44-404, RELATING TO MANAGEMENT OF A LIMITED LIABILITY COMPANY, SECTION 33-44-503, RELATING TO RIGHTS OF THE TRANSFEREE OF AN INTEREST IN A LIMITED LIABILITY COMPANY, SECTION 33-44-603, RELATING TO THE EFFECT OF THE DISASSOCIATION OF A MEMBER OF A LIMITED LIABILITY COMPANY, AND SECTION 33-44-701, RELATING TO THE PURCHASE OF A DISTRIBUTIONAL INTEREST BY A LIMITED LIABILITY COMPANY, ALL SO AS TO REFLECT THE DELETION OF DISASSOCIATION OF A MEMBER OF A LIMITED LIABILITY COMPANY AS A DISSOLVING EVENT.
Ordered for consideration tomorrow.

Senator LANDER from the Committee on Judiciary submitted a favorable report on:
H. 4983 -- Rep. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-722 SO AS TO MAKE IT UNLAWFUL TO FILE A FALSE POLICE REPORT, TO PROVIDE PENALTIES, AND TO AUTHORIZE THE COURT TO REQUIRE RESTITUTION TO BE PAID TO THE INVESTIGATING AGENCY FOR COSTS INCURRED IN THE INVESTIGATION.
Ordered for consideration tomorrow.

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

S. 992 -- Senator Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-1495 SO AS TO PROVIDE DEFINITIONS RELATED TO THE COLLECTION OF TOLLS, TO PROVIDE THAT CERTAIN PERSONS ARE LIABLE FOR FAILURE TO PAY TOLLS, TO PROVIDE FOR PENALTIES FOR FAILURE TO PAY TOLLS, TO PROVIDE FOR ENFORCEMENT, NOTIFICATION, AND ADJUDICATION PROCEDURES FOR TOLL VIOLATIONS, AND TO PROVIDE FOR ELECTRONIC COLLECTION OF TOLLS AND RESTRICTIONS ON THE USE OF PHOTOGRAPHS AND OTHER RECORDED IMAGES USED DURING TOLL COLLECTION.
The House returned the Bill with amendments.

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

Senator CORK proposed the following amendment (992R002.HAC), which was adopted:
Amend the bill further, as and if amended, page [992-7], beginning on line 28, by striking subsection M.
Amend title to conform.

Senator CORK explained the amendment.

The amendment was adopted.

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

CONCURRENCE

S. 1219 -- Senator Land: A BILL TO AMEND ACT 375 OF 1947, RELATING TO THE CLARENDON HOSPITAL DISTRICT, SO AS TO REVISE THE POWERS OF THE DISTRICT'S BOARD OF TRUSTEES.
The House returned the Bill with amendments.

On motion of Senator LAND, 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.

Message from the House

Columbia, S.C., May 20, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4486 -- Reps. Jennings, Inabinett, Kirsh, Meacham, H. Brown, Spearman, Moody-Lawrence, Neilson, J. Hines, Cobb-Hunter, Seithel, Bailey, Battle, D. Smith, Tripp, Harrison, Rodgers, Leach, Scott, Gamble, Govan, McCraw, Riser, Stille, Stuart, Young-Brickell, Vaughn, Keegan, Neal, Kelley, Loftis, Witherspoon, Cato, A. Harris, Wilder, Stoddard, McMaster, Jordan, Martin and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-4-140 SO AS TO PROVIDE THAT A VALID PROTECTION ORDER RELATED TO DOMESTIC OR FAMILY VIOLENCE ISSUED IN ANOTHER STATE IS VALID IN THIS STATE AND MUST BE ENFORCED AS IF IT WERE ISSUED IN THIS STATE; TO PROVIDE THE PREREQUISITES TO AND PROCEDURES FOR ENFORCING SUCH ORDER; TO PROVIDE CIVIL AND CRIMINAL IMMUNITY; AND TO AMEND SECTION 16-25-50 RELATING TO PENALTIES FOR VIOLATION OF AN ORDER OF PROTECTION FROM DOMESTIC VIOLENCE, SO AS TO ALSO APPLY THE PENALTIES TO VIOLATIONS OF ORDERS ISSUED IN ANOTHER STATE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Message from the House

Columbia, S.C., May 20, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4754 -- Reps. Witherspoon, Sharpe, Bailey, Clyburn, Simrill, Meacham, Seithel, Inabinett, Mason, Littlejohn, McKay, Rodgers, Miller, Rhoad, Walker, Battle, Lloyd, Barfield, McMahand, J. Hines, Dantzler, Stille and Leach: A BILL TO AMEND SECTION 50-11-1910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF DEER PARTS, SO AS TO PROHIBIT THE SALE OF LIVE DEER AND CERTAIN DEER PARTS, INCLUDING CERTAIN VENISON, ANTLERS, AND GAMETES, AND TO REVISE THE PENALTY FOR VIOLATION; AND TO AMEND SECTION 50-11-1920, AS AMENDED, RELATING TO SALE OF VENISON IN EATING ESTABLISHMENTS, SO AS TO ALLOW SALE OF VENISON NOT ONLY BY FOOD SERVICE ESTABLISHMENTS, BUT ALSO BY OFFICIAL ESTABLISHMENTS AND WHOLESALE FOOD DISTRIBUTORS WHO COMPLY WITH INSPECTION, RECORDKEEPING, AND OTHER REQUIREMENTS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

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

ORDERED ENROLLED FOR RATIFICATION

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

H. 4753 -- Rep. Cave: A BILL TO AMEND SECTION 7-7-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PLACES IN ALLENDALE COUNTY, SO AS TO DELETE THE SPECIFIC POLLING PLACES FOR EACH VOTING PRECINCT AND PROVIDE THAT THE POLLING PLACES MUST BE ESTABLISHED BY THE REGISTRATION AND ELECTIONS COMMISSION FOR ALLENDALE COUNTY SUBJECT TO THE APPROVAL OF A MAJORITY OF THE ALLENDALE COUNTY LEGISLATIVE DELEGATION.

H. 5048 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FOOD STAMP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2195, 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.
Senator PEELER explained the Bill.

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.

HOUSE BILLS RETURNED

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

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.

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.

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

THIRD READING BILLS

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

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.
(By prior motion of Senator MOORE)

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.
(By prior motion of Senator HUTTO)

SECOND READING BILL
WITH NOTICE OF GENERAL AMENDMENTS

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

H. 4439 -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-14-410 SO AS TO REGULATE WHEN A CLAIMANT MAY COMMENCE A SUIT OR OTHER PROCEEDING AGAINST A FORMER SHAREHOLDER OF A DISSOLVED CORPORATION FOR CERTAIN CLAIMS AND TO REGULATE WHEN A CLAIMANT MAY SATISFY A JUDGMENT RENDERED AGAINST A DISSOLVED CORPORATION BY PROCEEDING AGAINST OR JOINING AN INDIVIDUAL SHAREHOLDER, AND TO PROVIDE THAT THE ABOVE PROVISIONS SHALL APPLY RETROACTIVELY.

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

Senators LAND and COURTNEY explained the Bill.

Senator LAND asked unanimous consent to carry over all amendments to third reading.

SECOND READING BILLS

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

H. 3896 -- Rep. Kirsh: A BILL TO AMEND SECTION 38-9-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS REGARDING INSURANCE COMPANIES, REINSURANCE CREDITS, AND LIABILITY REDUCTIONS, SO AS TO REVAMP THE SECTION BY DELETING CERTAIN PROVISIONS AND LANGUAGE AND BY ADDING PROVISIONS THAT PROVIDE, AMONG OTHER THINGS, THAT THE ASSUMING INSURER SHALL SUBMIT TO EXAMINATION OF ITS BOOKS AND RECORDS BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE AND BEAR THE EXPENSE OF EXAMINATION, THAT CREDIT FOR REINSURANCE SHALL NOT BE GRANTED UNLESS THE FORM OF THE TRUST AND ANY AMENDMENTS TO THE TRUST HAVE BEEN APPROVED BY THE INSURANCE COMMISSIONER OF THE STATE WHERE THE TRUST IS DOMICILED OR THE INSURANCE COMMISSIONER OF ANOTHER STATE WHO, PURSUANT TO THE TERMS OF THE TRUST AGREEMENT, HAS ACCEPTED PRINCIPAL REGULATORY OVERSIGHT OF THE TRUST, THAT THE FORM OF THE TRUST AND ANY TRUST AMENDMENTS MUST BE FILED WITH THE INSURANCE COMMISSIONER OF EVERY STATE IN WHICH CEDING INSURER BENEFICIARIES OF THE TRUST ARE DOMICILED, THAT THE TRUST FUND FOR A SINGLE ASSUMING INSURER SHALL CONSIST OF FUNDS IN TRUST IN AN AMOUNT NOT LESS THAN THE ASSUMING INSURER'S LIABILITIES ATTRIBUTABLE TO REINSURANCE CEDED BY UNITED STATES CEDING INSURERS, AND THAT THE ASSUMING INSURER SHALL MAINTAIN A TRUSTEED SURPLUS OF NOT LESS THAN TWENTY MILLION DOLLARS.
Senator McCONNELL explained the Bill.

H. 5012 -- Reps. Stille, Carnell and Townsend: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF NOVEMBER 25, 1997, MISSED BY THE STUDENTS OF LONG CANE ELEMENTARY SCHOOL OF THE ABBEVILLE COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO A BROKEN WATER MAIN 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.

H. 5012--Ordered to a Third Reading

On motion of Senator DRUMMOND, H. 5012 was ordered to receive a third reading on Thursday, May 21, 1998.

CARRIED OVER

The following Bills were carried over:

H. 3897 -- Rep. Kirsh: A BILL TO AMEND SECTION 38-27-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REHABILITATION AND LIQUIDATION OF INSURERS, FORMAL PROCEEDINGS, AND LIABILITY OF THE REINSURER, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE ORIGINAL INSURED OR POLICYHOLDER SHALL NOT HAVE ANY RIGHTS AGAINST THE REINSURER WHICH ARE NOT SPECIFICALLY SET FORTH IN THE REINSURANCE CONTRACT OR OTHER AGREEMENT BETWEEN THE REINSURER AND THE ORIGINAL INSURED OR POLICYHOLDER.
On motion of Senator McCONNELL, the Bill was carried over.

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.

Senator JACKSON 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 third reading of the Bill.

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

AMENDED, CARRIED OVER

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.

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

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

Amendment No. 3

Senator JACKSON proposed the following Amendment No. 3 (4696R003.DJ), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered new SECTION to read:
/SECTION   .   Article 5, Chapter 4, Title 61 of the 1976 Code is amended to read:
"Section 61-4-615. (A) No licensee may sell or offer to sell any container of malt liquor that contains more than one quart of that beverage.
(B) A person who violates the provisions of subsection (A) is subject to a civil penalty of not more than five hundred dollars for a first offense, not more than one thousand dollars for a second offense, and shall be subject to revocation or suspension of that person's license for a third offense. Each day of violation constitutes a separate offense."/
Amend title to conform.

Senator JACKSON explained the amendment.
The amendment was adopted.

Statement by Senator LEVENTIS

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 voting in the matter of the adoption of Amendment No. 3 to H. 4696.

On motion of Senator PASSAILAIGUE, the Bill was carried over as amended.

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

CARRIED OVER

S. 941 -- Senators Courson, Wilson, Leatherman, Ryberg, Giese, Peeler, Russell, Thomas, Fair and Grooms: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION BY ADDING SECTION 1A AND AMENDING EXISTING SECTION 6 OF THE ARTICLE SO AS TO REQUIRE PROPERTY CLASSIFIED AS "ALL OTHER PERSONAL PROPERTY" TO BE THE SUBJECT OF A SEPARATE MILLAGE LEVY WHICH MAY NOT EXCEED THE 1998 PROPERTY TAX YEAR LEVY ON SUCH PROPERTY INCLUDING MILLAGE LEVIED FOR BONDED INDEBTEDNESS AND TO MAKE A CONFORMING AMENDMENT.

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

On motion of Senator MOORE, the Joint Resolution was carried over.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION ADOPTED

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

THE SENATE PROCEEDED TO THE ADJOURNED DEBATES.

CARRIED OVER

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

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

Senator MOORE moved to carry over the Bill.

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

Ayes 22; Nays 18

AYES

Branton                   Cork                      Drummond
Elliott                   Ford                      Glover
Holland                   Hutto                     Jackson
Land                      Lander                    Leventis
Matthews                  McConnell                 Mescher
Moore                     Passailaigue              Peeler
Ravenel                   Reese                     Saleeby
Washington                

Total--22

NAYS

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

Total--18

The Bill was carried over.

CARRIED OVER

H. 4577 -- Ways and Means Committee: A BILL TO AMEND SECTIONS 12-21-2710, AS AMENDED, 12-21-2712, 12-21-2720, AS AMENDED, AND 12-21-2726, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COIN-OPERATED MACHINES OR DEVICES, SO AS TO EXTEND THE PROHIBITION ON SLOT MACHINES AND OTHER MACHINES OR DEVICES PERTAINING TO GAMES OF CHANCE TO VIDEO GAMES WITH A FREE PLAY FEATURE OR ANY OTHER COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING, TO EXTEND THE SEIZURE AND DESTRUCTION PROVISIONS APPLICABLE TO GAMES OF CHANCE TO THESE EXPANDED PROHIBITIONS, TO CONFORM EXISTING LICENSING REQUIREMENTS FOR COIN-OPERATED MACHINES AND DEVICES TO THESE EXPANDED PROHIBITIONS AND TO DELETE REFERENCES TO PROVISIONS OF LAW REPEALED BY THIS SECTION; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO DELETE THE OFFENSE OF OPERATING AN UNMETERED VIDEO GAME WITH A FREE PLAY FEATURE; TO AMEND SECTIONS 16-19-40 AND 16-19-50, RELATING TO THE OFFENSE OF GAMBLING, SO AS TO EXTEND THESE OFFENSES SPECIFICALLY TO PLAYING OR MAINTAINING ANY LICENSED COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING PURPOSES; AND TO REPEAL SECTIONS 12-21-2703, 16-19-60, AND ARTICLE 20, CHAPTER 21 OF TITLE 12, RELATING RESPECTIVELY TO THE RETAIL LICENSE REQUIREMENT FOR A LOCATION WITH VIDEO GAMES WITH A FREE PLAY FEATURE, THE EXEMPTION OF VIDEO GAMES WITH A FREE PLAY FEATURE FROM THE GAMBLING OFFENSES, AND THE VIDEO GAMES MACHINES ACT.

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

Senator HAYES moved that the Bill be given a second reading.

Point of Order

Senator PASSAILAIGUE raised a Point of Order that there were amendments on the desk and that amendments were required to be disposed of prior to the second reading of the Bill.

Senator MOORE moved to carry over the Bill.

Parliamentary Inquiry

Senator PASSAILAIGUE made a Parliamentary Inquiry as to whether or not under the provisions of Section 2-7-76, S.C. Code of Laws, there was a fiscal impact statement pertaining to the impact on local government revenues, affixed to the Bill.
The PRESIDENT stated that a fiscal impact statement was affixed to the Bill.

The question then was the motion to carry over the Bill.

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

Ayes 22; Nays 20

AYES

Branton                   Cork                      Elliott
Ford                      Glover                    Holland
Hutto                     Jackson                   Land
Lander                    Leventis                  Matthews
McConnell                 Mescher                   Moore
O'Dell                    Passailaigue              Peeler
Ravenel                   Reese                     Saleeby
Washington                

Total--22

NAYS

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

Total--20

The Bill was carried over.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

CARRIED OVER

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

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

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

READ THE THIRD TIME, RETURNED TO THE HOUSE

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.

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

Amendment No. 1

Senator GIESE proposed the following Amendment No. 1 (KGH\15657AC.98), which was tabled:
Amend the bill, as and if amended, Section 40-45-110(A)(4), page 3784-15, line 2, by deleting /thirty/ and inserting /fifteen/.
Renumber sections to conform.
Amend title to conform.

Senator GIESE explained the amendment.
Senator J. VERNE SMITH argued contra to the adoption of the amendment.
Senator MOORE spoke on the amendment.
Senator MOORE moved to lay the amendment on the table.

The amendment was laid on the table.

POINT OF ORDER

Senator PASSAILAIGUE raised a Point of Order that H. 4577 was violative of Section 2-7-76, S.C. Code of Laws, 1976, as amended, inasmuch as a fiscal impact statement pertaining to the impact on local government revenues was not affixed to the Bill when reported out of Senate Finance Committee nor when it was passed by the House, and, therefore, the Bill was not properly before the Senate and should be returned to the House of Representatives.

Point of Order

Senator MARTIN raised a Point of Order that the Point of Order raised by Senator PASSAILAIGUE was out of order inasmuch as H. 4577 was not under consideration and, therefore, not before the Senate.
Senator PASSAILAIGUE and THOMAS spoke on the Point of Order.
The PRESIDENT took the Point of Order under advisement.

The Senate resumed consideration of H. 3784.

The question then was the third reading of the Bill.

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

STATEWIDE APPOINTMENTS
Confirmations

Having received a favorable report from the Committee on Agriculture and Natural Resources, the following appointments were taken up for consideration and confirmed in open session:

Initial Appointment, Mining Council, with term to commence June 30, 1994, and to expire June 30, 1998:
Mining Industry:
Mr. Donald A. Babb, Post Office Box 15421, Surfside Beach, S.C. 29587 VICE Jack Eric Danel (resigned)

Reappointment, Mining Council, with term to commence June 30, 1998, and to expire June 30, 2002:
Mining Industry:
Mr. Donald A. Babb, Post Office Box 15421, Surfside Beach, S.C. 29587

Initial Appointment, Mining Council, with term to commence June 30, 1996, and to expire June 30, 2000:
Non-Govt. Conservationist:
Mr. Joseph R. Blanchard, Blanchard Machinery Company, Post Office Box 7517, Columbia, S.C. 29202 VICE Joseph Charles Northcutt (resigned)

Initial Appointment, Mining Council, with term to commence June 30, 1994, and to expire June 30, 1998:
Mining Industry:
Mr. Randall E. Wallett, Martin Marietta Aggregates, Southeast Region - S.C., Suite 102, 246 Stoneridge Drive, Columbia, S.C. 29210 VICE Jefferson Christian Swift (deceased)

Reappointment, Mining Council, with term to commence June 30, 1998, and to expire June 30, 2002:
Mining Industry:
Mr. Randall E. Wallett, Martin Marietta Aggregates, Southeast Region - S.C., Suite 102, 246 Stoneridge Drive, Columbia, S.C. 29210

Reappointment, Mining Council, with term to commence June 30, 1997, and to expire June 30, 2001:
DHEC:
Mr. William C. Rowell, DHEC, 2600 Bull Street, Columbia, S.C. 29201

Having received a favorable report from the Committee on Education, the following appointments were taken up for consideration and confirmed in open session:

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

Having received a favorable report from the Committee on Finance, the following appointment was taken up for consideration and confirmed in open session:

Reappointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 1998, and to expire April 1, 2002:
Eye Bank:
Ms. Brenda S. Horn, Executive Director, South Carolina Lions Eye Bank, Inc., Storm Eye Institute, 171 Ashley Avenue, Charleston, S.C. 29425

Having received a favorable report from the Committee on Fish, Game and Forestry, the following appointments were taken up for consideration and confirmed in open session:

Reappointments, Governing Board of Department of Natural Resources, with terms to commence July 1, 1998, and to expire July 1, 2002:
5th Congressional District:
Mr. Campbell D. Coxe, Skufffel Farms, Inc., Post Office Box 505, Darlington, S.C. 29532
2nd Congressional District:
Mr. Edward C. Lee, 1071 Moss Avenue, N.E., Orangeburg, S.C. 29115
3rd Congressional District:
Mr. Thomas W. Miller, 100 Keowee Club Road, Townville, S.C. 29689
1st Congressional District:
Ms. Mary Pope Waring, 1/2 Atlantic Street, Charleston, S.C. 29401

Having received a favorable report from the General Committee, the following appointments were taken up for consideration and confirmed in open session:

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

Having received a favorable report from the Committee on Judiciary, the following appointments were taken up for consideration and confirmed in open session:

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

Initial Appointment, South Carolina Public Service Authority, with term to commence May 19, 1998, and to expire May 19, 2005:
At-Large - Co-op Exper.:
Mr. Lewis L. Harrison, Post Office Box 226, Roebuck, S.C. 29376 VICE Robert D. Bennett

Reappointment, South Carolina Public Service Authority, with term to commence May 19, 1998, and to expire May 19, 2005:
3rd Congressional District:
Honorable Claude V. Marchbanks, Post Office Box 531, Clemson, S.C. 29631

Reappointment, South Carolina Workers' Compensation Commission, with term to commence June 30, 1998, and to expire June 30, 2004:
At-Large:
Honorable Sherry S. Spence, 280 Bampfield Drive, Mt. Pleasant, S.C. 29464-2501

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, 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 confirmed in open session:

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:
Dryclean Ind.:
Mr. R. E. Robinson, III, Ed Robinson Laundry & Cleaners, Inc., 2551 Forest Drive, Columbia, S.C. 29204

Reappointment, State Board of Examiners in Speech-Language Pathology and Audiology, with term to commence June 1, 1997, and to expire June 1, 2001:
Speech-Language Pathologist:
Ms. Martha S. McDade, 112 Tyborne Circle, Columbia, S.C. 29210

Reappointment, South Carolina Advisory Council on Aging, with term to commence June 30, 1998, and to expire June 30, 2002:
Area 2:
Ms. Norma A. Curtis, Post Office Box 958, McCormick, S.C. 29835

Reappointment, Drycleaning Advisory Council, with term to commence June 30, 1998, and to expire June 30, 2000:
Dryclean Ind.:
Ms. Jacquelyn H. Parrish, Post Office Box 766, Florence, S.C. 29503

Reappointment, State Board of Podiatry Examiners, with term to commence December 31, 1998, and to expire December 31, 2002:
Central District:
James B. Cahill, DPM, Camden Foot Clinic, Post Office Box 898, Camden, S.C. 29020

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

Reappointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 1998, and to expire April 1, 2002:
Piedmont - Recipient/Donor/Family:
Mr. Jack D. Leard, 106 Moore Court, Simpsonville, S.C. 29681

Reappointment, State Board of Examiners in Speech-Language Pathology and Audiology, with term to commence June 1, 1998, and to expire June 1, 2002:
Speech-Language Pathologist:
Ms. Eleanor G. Smith, (formerly Eleanor G. Gatch), Post Office Box 1342, Summerville, S.C. 29484-1342

Reappointment, Drycleaning Advisory Council, with term to commence June 30, 1997, and to expire June 30, 1999:
Banking:
Mr. E. Warner Wells, Senior Vice President, First Citizens Bank, Post Office Box 29, Columbia, S.C. 29202

Reappointment, Advisory Board for the Autism 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:
Ms. Angela B. Fender, 409 Longstreet Drive, Greer, S.C. 29650-3826
Reappointment, South Carolina Advisory Council on Aging, with term to commence June 30, 1998, and to expire June 30, 2002:
Area 6:
Mr. Richard M. Denny, 805 Bethune Road, Bishopville, S.C. 29010-4484

Reappointment, State Agency of Vocational Rehabilitation, with term to commence March 15, 1998, and to expire March 15, 2005:
5th Congressional District:
Mr. Derle A. Lowder, Sr., Post Office Box 6098, Sumter, S.C. 29151

Reappointment, Commission on Hearing Aid Specialists, with term to commence November 1, 1997, and to expire November 1, 2001:
Dealer:
Mr. Richard L. Deibel, 135 Sparrow Drive, Isle of Palms, S.C. 29451

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, 1995, and to expire June 30, 1999:
6th Congressional District:
Mr. G. Harold Liebenrood, 2525 Cottonwood Drive, Florence, S.C. 29501

Initial Appointment, Drycleaning Advisory Council, with term to commence July 1, 1995, and to expire June 30, 1998:
Dryclean Ind.:
Ms. Jacquelyn H. Parrish, Post Office Box 766, Florence, S.C. 29503

Initial Appointment, State Board of Podiatry Examiners, with term to commence December 31, 1994, and to expire December 31, 1998:
Central District:
James B. Cahill, DPM, Camden Foot Clinic, Post Office Box 898, Camden, S.C. 29020 VICE Ralph E. Payne

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

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, 1995, and to expire June 30, 1999:
3rd Congressional District:
Mr. Dennis B. Guerin, Post Office Box 101, La France, S.C. 29656

Initial Appointment, South Carolina Mental Health Commission, with term to commence March 21, 1997, and to expire March 21, 2002:
4th Congressional District:
Ms. Lisa H. Stevens, 10 Ryedale Court, Greenville, S.C. 29615 VICE Rhonda W. Baker (resigned)

Initial Appointment, South Carolina Advisory Council on Aging, with term to commence June 30, 1995, and to expire June 30, 1999:
At-Large:
Anita C. Curl, R.N., 3845 West Lake Oakdale, Florence, S.C. 29501 VICE Diane M. Brown (resigned)

Initial Appointment, South Carolina Advisory Council on Aging, with term to commence June 30, 1995, and to expire June 30, 1998:
Area 4:
Ms. Elizabeth Green Mountain, 633 Senn Street, West Columbia, S.C. 29169

Having received a favorable report from the Committee on Transportation, the following appointments were taken up for consideration and confirmed in open session:

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

Reappointment, Scenic Highways Committee, with term to commence July 14, 1998, and to expire July 14, 2000:
Outdoor Advertising:
Mr. Hal W. Stevenson, Post Office Box 11384, Columbia, S.C. 29211

Reappointment, South Carolina State Ports Authority, with term to commence February 13, 1997, and to expire February 13, 2004:
At-Large:
Mr. Joseph T. Newton, III, President, Piggly Wiggly Carolina Company, Inc., Post Office Box 118047, North Charleston, S.C. 29423

Reappointment, Jobs Economic Development Authority, with term to commence July 27, 1998, and to expire July 27, 2001:
At-Large:
Mr. Clarence Davis, Post Office Box 11070, Columbia, S.C. 29211

LOCAL APPOINTMENTS
Confirmations

Having received a favorable report from the Anderson County Delegation, the following appointments were confirmed in open session:
Initial Appointments, Anderson County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:
Honorable William G. Bates, 231 Griffin Farm Road, Honea Path, S.C. 29654 VICE Charlie Dale Martin (resigned)/Roger Scott (vacated)
Honorable William E. Gilmer, 306 Elizabeth Street, Honea Path, S.C. 29654 VICE John B. Ashley, Sr. (resigned)
Honorable Frank Mauldin, 102 Rucker Road, Anderson, S.C. 29624 VICE Robert G. Gilstrap (resigned)

Having received a favorable report from the Barnwell County Delegation, the following appointments were confirmed in open session:
Reappointments, Barnwell County Board of Voter Registration, with terms to commence March 15, 1998, and to expire March 15, 2000:
Ms. Dorothy N. Kirkland, 736 Snapper Road, Blackville, S.C. 29817
Ms. Helen A. Joyner, 3 Mansfield Drive, Williston, S.C. 29853
Ms. Nancy E. Davis, 166 Winton Street, Barnwell, S.C. 29812

Having received a favorable report from the Beaufort County Delegation, the following appointment was confirmed in open session:
Reappointment, Beaufort County Master-in-Equity, with term to commence June 6, 1997, and to expire June 6, 2003:
Honorable Thomas Kemmerlin, Jr., Post Office Drawer 1228, Beaufort, S.C. 29901

Having received a favorable report from the Berkeley County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Berkeley County Master-in-Equity, with term to commence November 7, 1996, and to expire November 7, 2002:
Honorable D. Mark Stokes, 5812 Lakeview Drive, Hanahan, S.C. 29406 VICE Daniel F. Pieper (resigned)

Having received a favorable report from the Charleston County Delegation, the following appointments were confirmed in open session:
Reappointments, Charleston County Voter Registration Board, with terms to commence March 15, 1998, and to expire March 15, 2000:
Ms. Louise M. Hill, 157 Grove Street, Charleston, S.C. 29403
Ms. Pearl M. Crawford, 41 Vincent Drive, Mount Pleasant, S.C. 29464
Ms. Flora P. Condon, 751 Jim Isle Drive, Charleston, S.C. 29412
Ms. Alice K. Mitchell, 2011 Savage Road, Charleston, S.C. 29407
Reappointment, Charleston County Master-in-Equity, with term to commence December 24, 1998, and to expire December 24, 2004:
Honorable Roger M. Young, 8121 Greenridge Road, North Charleston, S.C. 29406-9769

Having received a favorable report from the Cherokee County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Cherokee County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Roland T. Hardy, 207 Serene Drive, Gaffney, S.C. 29340 VICE Clinton L. McClary (resigned)

Having received a favorable report from the Clarendon County Delegation, the following appointments were confirmed in open session:
Initial Appointments, Clarendon County Board of Voter Registration, with terms to commence March 15, 1998, and to expire March 15, 2000:
At-Large:
Ms. Rosa T. Dingle, Post Office Box 644, Manning, S.C. 29102 VICE Rosetti Blanding
Ms. Emilee I. Hemingway, Post Office Box 279, Manning, S.C. 29102 VICE Ellen Ardis

Having received a favorable report from the Dillon County Delegation, the following appointments were confirmed in open session:
Reappointments, Dillon County Board of Voter Registration, with terms to commence March 15, 1998, and to expire March 15, 2000:
Ms. Patricia D. Miller, 354 Pleasant Hill Road, Dillon, S.C. 29536
Ms. Jean L. Thompson, 2074 Joann Branch Road, Lake View, S.C. 29563
Ms. Linda S. Edwards, 814 Mark Road, Dillon, S.C. 29536

Having received a favorable report from the Dorchester County Delegation, the following appointment was confirmed in open session:
Reappointment, Dorchester County Master-in-Equity, with term to commence June 30, 1998, and to expire June 30, 2004:
Honorable Patrick Robert Watts, 212 Deming Way, Bin 12, Summerville, S.C. 29483

Having received a favorable report from the Edgefield County Delegation, the following appointment was confirmed in open session:
Reappointment, Edgefield County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Brenda B. Carpenter, Post Office Box 93, Trenton, S.C. 29847

Having received a favorable report from the Florence County Delegation, the following appointments were confirmed in open session:
Reappointments, Florence County Magistrate, with terms to commence April 30, 1998, and to expire April 30, 2002:
Honorable James R. Harwell, 5001 Rankin Plantation Road, Florence, S.C. 29506
Honorable James M. Lynch, 826 South Warren Street, Timmonsville, S.C. 29161
Honorable Roy C. Roberts, Post Office Box 374, Johnsonville, S.C. 29555

Having received a favorable report from the Greenville County Delegation, the following appointments were confirmed in open session:
Initial Appointment, Greenville County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Leila Foster, 12 Howe Street, Greenville, S.C. 29601-3520 VICE Dorothy Lee Butler
Reappointments, Greenville County Magistrate, with terms to commence April 30, 1998, and to expire April 30, 2002:
Honorable Josephine H. Vernon, 114 North Poinsett Highway, Travelers Rest, S.C. 29690-1820
Honorable Diane D. Cagle, 6247 White Horse Road, Greenville, S.C. 29611-3845
Honorable R. Carey Werner, 200 Wilson Road, Greer, S.C. 29650
Honorable Bobby L. Morgan, Post Office Box 506, Marietta, S.C. 29661-0506
Reappointment, Greenville County Master-in-Equity, with term to commence December 31, 1997, and to expire December 31, 2003:
Honorable Charles B. Simmons, Jr., 11 West Hillcrest Drive, Greenville, S.C. 29609

Having received a favorable report from the Greenwood County Delegation, the following appointments were confirmed in open session:
Reappointments, Greenwood County Board of Voter Registration, with terms to commence March 15, 1998, and to expire March 15, 2000:
Mr. Harry W. Sparks, 312 Ridgeway, Greenwood, S.C. 29649
Mr. Robert M. Haynie, 304 Lodge Drive, Greenwood, S.C. 29646
Mr. Joseph T. Ligon, 4122 McCormick Highway, Bradley, S.C. 29819

Having received a favorable report from the Horry County Delegation, the following appointment was confirmed in open session:
Reappointment, Horry County Master-in-Equity, with term to commence July 31, 1997, and to expire July 31, 2003:
Honorable James Stanton Cross, Jr., Post Office Box 1236, Conway, S.C. 29528

Having received a favorable report from the Lancaster County Delegation, the following appointment was confirmed in open session:
Reappointment, Lancaster County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Lee R. Deese, 3301 Lee Deese Road, Kershaw, S.C. 29067

Having received a favorable report from the Lee County Delegation, the following appointment was confirmed in open session:
Reappointment, Lee County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Joseph S. Scarborough, Post Office Box 127, Lynchburg, S.C. 29080

Having received a favorable report from the Marlboro County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Marlboro County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable Robert A. Stanton, 2543 Academy Road, McColl, S.C. 29570 VICE James Elbert Jones

Having received a favorable report from the McCormick County Delegation, the following appointments were confirmed in open session:
Reappointments, McCormick County Magistrate, with terms to commence April 30, 1998, and to expire April 30, 2002:
Honorable Patty L. Smith, Post Office Box 1027, McCormick, S.C. 29835
Honorable Donald R. Neal, 109 Augusta Street, McCormick, S.C. 29835

Having received a favorable report from the Orangeburg County Delegation, the following appointment was confirmed in open session:
Reappointment, Orangeburg County Master-in-Equity, with term to commence August 14, 1997, and to expire August 14, 2003:
Honorable Olin D. Burgdorf, Post Office Box 9000, Orangeburg, S.C. 29116

Having received a favorable report from the Pickens County Delegation, the following appointments were confirmed in open session:
Reappointments, Pickens County Magistrate, with terms to commence April 30,1998, and to expire April 30, 2002:
Honorable John B. Robinson, Jr., 115-B Commons Way, Central, S.C. 29630-4107
Honorable Ernest David Forrest, Sr., 135 Folger Avenue, Easley, S.C. 29640-2901

Having received a favorable report from the Richland County Delegation, the following appointments were confirmed in open session:
Initial Appointment, Richland County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable James K. Redding, 308 Stonegate Drive, Columbia, S.C. 29223 VICE Cliford E. Eisenhower (resigned)
Reappointment, Richland County Master-in-Equity, with term to commence April 30, 1997, and to expire April 30, 2003:
Honorable Joseph M. Strickland, Richland County Master-in-Equity, Post Office Box 192, Columbia, S.C. 29202

Having received a favorable report from the Spartanburg County Delegation, the following appointments were confirmed in open session:
Initial Appointment, Spartanburg County Master-in-Equity, with term to commence June 30, 1997, and to expire June 30, 2003:
Honorable Roger L. Couch, 1612 Holly Berry Lane, Spartanburg, S.C. 29301 VICE Thomas J. DeZern (retired)
Initial Appointment, Spartanburg County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable Johnny L. Cash, 421 Green Valley Drive, Chesnee, S.C. 29323 VICE Harold W. Pryor (resigned)
Reappointment, Spartanburg County Voter Registration Board, with term to commence March 27, 1998 and to expire March 15, 2000:
Ms. Dodie W. Graham, 120 Somerset Lane, Spartanburg, S.C. 29302
Mr. Frederick D. Watson, 150 Kelseys Mill Road, Campobello, S.C. 29322

Having received a favorable report from the Sumter County Delegation, the following appointments were confirmed in open session:
Initial Appointment, Sumter County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable George M. McFaddin, Jr., Post Office Box 3130, Sumter, S.C. 29151-3130 VICE Martha P. Upshur
Reappointment, Sumter County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable George R. Gibson, Post Office Box 236, Mayesville, S.C. 29104
Reappointment, Sumter County Master-in-Equity, with term to commence December 31, 1998, and to expire December 31, 2004:
Honorable Linwood S. Evans, Jr., Post Office Box 1273, Sumter, S.C. 29150

Having received a favorable report from the Williamsburg County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Williamsburg County Board of Voter Registration, with term to commence March 15, 1998, and to expire March 15, 2000:
At-Large:
Mr. Gordon B. Jenkinson, III, 300 Academy Street, Kingstree, S.C. 29556 VICE Roger T. McGill

Having received a favorable report from the York County Delegation, the following appointment was confirmed in open session:
Reappointment, York County Master-in-Equity, with term to commence June 30, 1997, and to expire June 30, 2003:
Honorable J. Buford Grier, 383 Grady Drive, Rock Hill, S.C. 29732

ADJOURNMENT

At 12:20 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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