Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear the words of high resolve from the Gospel of St. Luke, Chapter 9 (62):

"Jesus said to him, 'No one who puts a hand to the plow and looks back is fit for the kingdom of God'.
Let us pray.

Father, we know that these words are words about stewardship and high resolve.

We know also that these words are from Jesus and about the Kingdom of God.

But we know also that, regardless of our eternal commitments, whether we've made any or haven't made any, we all have taken an oath and pledge of allegiance to the people of South Carolina. We have put our hands to the plow. Time for decision is running down. Our physical and mental powers are put to the strain.

Help us to add steadfastness and determination to a will to synthesis in our culture that the fate and welfare of our people may be fully served.

To You, the God of us all, be the praise.
Amen.

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

The following appointments were transmitted by the Honorable James H. Hodges:

Initial Appointment, Dorchester County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003

Tera S. Richardson, 262 Tannenbaum Road, Ravenel, S.C. 29470

Initial Appointment, Richland County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003

Kirby D. Shealy, Jr., 1825 St. Julian Place, 14-L, Columbia, S.C. 29204

On motion of Senator McCONNELL, with unanimous consent, a Memorandum from Senator McCONNELL dated May 8, 2001, extending the time for holding redistricting meetings through Wednesday, May 16, 2001, was distributed.

Senator ALEXANDER introduced Dr. James R. Pruitt of Seneca, S.C., Doctor of the Day.

Senator FORD rose for an Expression of Personal Interest.

Mr. PRESIDENT, ladies and gentlemen of the Senate, when I ran for re-election, the issue that was used against me was my support of and the introduction of a Bill to establish the Confederate Memorial Holiday which we will celebrate this Thursday. The reason I tied the Confederate Memorial Holiday Bill with the Dr. King Bill was because in the spirit of Dr. King, I think that those of us who live in the South have an obligation to each other to learn to respect each other's history and heritage and as a result we would get along better and build one great South Carolina.

Mr. PRESIDENT, that is not happening the way I envisioned and the way Senator McCONNELL envisioned. Some of us have made progress in trying to build one unified South Carolina, but it's not happening fast enough, you might say. For example, South Carolina State is being neglected; as a matter of fact, it has been neglected since I've been in South Carolina and before I got in the Senate. We have one predominately African-American owned college and it's being neglected.

A couple of weeks ago, the State of Mississippi voted to keep the Confederate Flag flying as their state emblem. The next day the Federal Court ruled that the State of Mississippi PRESIDENT Pro Tem had to come up with close to $600 million dollars for the three predominately black institutions of higher learning because of the Justice Department suit that was filed. We don't want the Justice Department doing the same thing to South Carolina. This is not what Senator McCONNELL and I had in mind when we introduced the Confederate Memorial Holiday Bill with the Dr. King Holiday Bill. I want this Senate and General Assembly to start being more compassionate and caring for all of our citizens in South Carolina.

Yesterday, a lady called me on a talk show and started her comments by saying, "Sen. FORD, one of the things you can do for black people..." I made it crystal clear that there is nothing I can do for solely black people. My job as a State Senator is to look out for ALL the citizens of South Carolina. That is every Senator's job -- to look out for the citizens of South Carolina.

Mr. PRESIDENT, Mr. PRESIDENT Pro Tempore and fellow Senators, it's not fair for any citizen in the State. For example, my district is 54% black at the present time and 46% white. As a State Senator, I have to represent the 54% and the 46%. If my district were 98% black and 2% white, Senator from Darlington, my job would be to represent the 98% black and the 2% white. You have members of the General Assembly who have African-Americans in their district and, Mr. PRESIDENT, they refuse to give those people fair representation. That's simply not fair and that will not be accepted. We are ONE South Carolina.

On Confederate Memorial Holiday I will celebrate that day because I want to be a united South Carolina. I think every member of the General Assembly, because you are elected to do that, should build one strong South Carolina for our citizens. We vote for judges and those that are commissioners; some of us almost want to commit suicide because we can't bring ourselves to vote for African-American candidates. Those types of things have to end because we are elected to look out for our citizens. At this time we only have seven black judges in this State. Mississippi has forty-one. We have seven. Georgia has forty-seven black judges. We have seven. Louisiana might have thirty-nine. We have seven. We're not making any kind of advancement to improve that number. We have a lot of boards and commissions where a black person does not have a chance of winning. The College of Charleston board has one black person on it. The University of South Carolina, I think, has two. Those types of things have to end, ladies and gentlemen of the Senate, and this is why, when a lot of black Senators and friends of mine in the black community say "Senator Ford, you worked with Dr. King and why would you put his Bill with the Confederate Memorial Holiday Bill?" The answer is because that's what Dr. King would want us to do, Senators from Florence. We've got to learn to respect each other and represent this State. Everyone has that obligation to represent citizens of South Carolina. Now you know it's impossible for seven Senators to elect black judges. It's impossible for seven Senators, along with the blacks in the House, to elect boards, commissioners and judges. We need your cooperation in that.

It's impossible for South Carolina State to get fair treatment in the budget unless the Senate and the General Assembly decide that we're going to take it upon ourselves to make sure that the Justice Department does not do to South Carolina what they did to the State of Mississippi. The State of Mississippi had to come up with close to $600 million dollars because the State of Mississippi was not treating Jackson State, Alcorn and Mississippi Valley equal to the rest of the colleges in the State of Mississippi. Everyone here knows that we don't even pretend to treat South Carolina State in a fair manner. This has to change.

In the spirit of what Senator McCONNELL had in mind when we ran across the people of South Carolina debating each other about heritage, in the spirit of that and in the spirit of what we're going to do this Thursday, the Senate will be off and the state offices will be closed. In the spirit of that, I'm begging my Senate and the General Assembly to stop looking at color and to treat every institution and every citizen with some kind of respect, with equal respect. That's what we are called upon to do and that's what we should do.

Thank you, Mr. PRESIDENT and members of the Senate.

On motion of Senator McCONNELL, with unanimous consent, ordered printed in the Journal.

The following were introduced:

S. 666 (Word version) -- Senators Courson, Alexander, Anderson, Bauer, Branton, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Verdin, Waldrep and Wilson: A SENATE RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA SENATE FOR THE LIFE AND DISTINGUISHED CAREER IN PUBLIC SERVICE OF SENATOR STROM THURMOND.
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The Senate Resolution was adopted.

S. 667 (Word version) -- Senators Leventis, Drummond, Mescher, Elliott, Ford, Land, Rankin, O'Dell, Leatherman, Holland, Giese, Hayes, McGill, Glover, Anderson, J. Verne Smith, Matthews, Patterson, Wilson, Short, Reese, Moore, Hutto, Passailaigue, Setzler, Courson, Alexander, Peeler, Ravenel, Grooms, Branton, Richardson, Ryberg and McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-4-160 SO AS TO ESTABLISH THE DOMESTIC VIOLENCE FUND WITHIN THE STATE TREASURY TO BE ADMINISTERED BY THE DEPARTMENT OF SOCIAL SERVICES FOR THE PURPOSE OF AWARDING GRANTS TO DOMESTIC VIOLENCE CENTERS AND PROGRAMS IN THE STATE THAT MEET CERTAIN CRITERIA; TO ADD SECTION 20-1-375 SO AS TO INCREASE THE MARRIAGE LICENSE FEE BY TWENTY DOLLARS WHICH MUST BE CREDITED TO THE DOMESTIC VIOLENCE FUND; AND TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO VARIOUS FEES TO BE COLLECTED BY CLERKS OF COURT, SO AS TO INCREASE THE FILING FEE FOR DIVORCE OR SEPARATE MAINTENANCE ACTIONS BY TWENTY DOLLARS WHICH ALSO MUST BE CREDITED TO THE DOMESTIC VIOLENCE FUND.
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Senator LEVENTIS spoke on the Bill.

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

S. 668 (Word version) -- Senator J.Verne Smith: A BILL TO AMEND SECTION 41-27-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, BY ADDING PARAGRAPHS TO SPECIFICALLY NAME NATIVE AMERICAN TRIBES AND TO AUTOMATICALLY COVER EMPLOYING UNITS LIABLE UNDER THE FEDERAL UNEMPLOYMENT TAX ACT; TO AMEND CHAPTER 27, TITLE 4, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, BY ADDING SECTION 41-27-235 TO PROVIDE NATIVE AMERICAN TRIBES THE OPTION OF ELECTION AS A REIMBURSABLE EMPLOYER; TO AMEND SECTION 41-27-260, RELATING TO EXEMPTED EMPLOYMENT, TO CLARIFY THAT AN APPOINTED SUCCESSOR OF AN ELECTED OFFICIAL IS CONSIDERED THE SAME AS AN ELECTED OFFICIAL AND TO ADD AN EXEMPTED EMPLOYMENT DEFINITION PERTAINING TO NATIVE AMERICANS; TO AMEND SECTION 41-31-40, RELATING TO RATE COMPUTATION PERIODS, TO REDUCE THE INITIAL TWENTY-FOUR MONTH RATING PERIOD TO TWELVE MONTHS AND TO ONCE A YEAR; TO AMEND SECTION 41-31-60, RELATING TO DELINQUENT REPORTS, TO REDUCE THE EMPLOYER DELINQUENT REPORT PENALTY FROM FIVE AND FOUR-TENTHS TO TWO AND SIXTY-FOUR HUNDREDTHS PERCENT; TO AMEND SECTION 41-31-110, RELATING TO COMPUTATION RATES APPLICABLE TO SUCCESSORS, TO REDUCE THE SUCCESSOR RATING PERIOD TO ONCE A YEAR; TO AMEND SECTION 41-31-160, RELATING TO FREQUENCY OF CONTRIBUTION REPORTS, TO REQUIRE ELECTRONIC WAGE REPORTS FOR EMPLOYERS REPORTING TWO HUNDRED FIFTY OR MORE EMPLOYEES IN 2003 AND EMPLOYERS REPORTING ONE HUNDRED OR MORE EMPLOYEES IN 2005; AND TO AMEND SECTION 41-33-80, RELATING TO THE UNEMPLOYMENT TRUST FUND, TO CORRECT A SECTION REFERENCE.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 669 (Word version) -- Senator Wilson: A BILL TO ENACT THE "PALMETTO FELLOWS SCHOLARSHIP FREEDOM OF CHOICE ACT" INCLUDING PROVISIONS TO AMEND SECTION 59-104-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP, SO AS TO PROVIDE THAT PALMETTO FELLOWS SCHOLARSHIP FUNDS SHALL NOT BE ALLOCATED TO INDIVIDUAL HIGHER EDUCATION INSTITUTIONS OR BETWEEN PUBLIC AND INDEPENDENT INSTITUTIONS BUT INSTEAD SHALL BE AWARDED TO STUDENTS BASED ON ACADEMIC CRITERIA ESTABLISHED BY THE COMMISSION ON HIGHER EDUCATION, AND TO PROVIDE THAT THESE STUDENTS MAY THEN USE THESE SCHOLARSHIP FUNDS TO ATTEND ANY INSTITUTION OF HIGHER LEARNING IN THIS STATE; AND TO AMEND SECTION 59-143-30, RELATING TO ALLOCATIONS FOR CERTAIN HIGHER EDUCATION SCHOLARSHIP GRANTS, SO AS TO PROVIDE THAT ALLOCATIONS FOR PALMETTO FELLOWS SCHOLARSHIPS TO INDEPENDENT INSTITUTIONS AND PUBLIC INSTITUTIONS SHALL BE COMBINED TOGETHER AND USED IN THE MANNER PROVIDED ABOVE.
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Read the first time and referred to the Committee on Education.

S. 670 (Word version) -- Senator Land: A BILL TO AMEND SECTION 62-5-414, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION AND EXPENSES PAYABLE IN CONNECTION WITH A PROTECTIVE PROCEEDING IN PROBATE COURT, SO AS TO PROVIDE FOR ATTORNEY'S FEES FROM THE ESTATE FOR THE LAWYER REPRESENTING THE CONSERVATOR IN THE PROCEEDING.
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Read the first time and referred to the Committee on Judiciary.

S. 671 (Word version) -- Senator Ryberg: A BILL TO AMEND ACT 503 OF 1982, AS AMENDED, RELATING TO THE AIKEN COUNTY SCHOOL DISTRICT AND THE AIKEN COUNTY BOARD OF EDUCATION, SO AS TO REVISE THE BOARD'S AUTHORITY WITH REGARD TO ADMINISTRATIVE AREA OFFICES AND AREA ADVISORY COUNCILS.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 672 (Word version) -- Senator Moore: A BILL TO AMEND ACT 503 OF 1982, RELATING TO THE AIKEN COUNTY SCHOOL DISTRICT AND THE AIKEN COUNTY BOARD OF EDUCATION, SO AS TO REVISE THE BOARD'S AUTHORITY WITH REGARD TO ADMINISTRATIVE AREA OFFICES AND AREA ADVISORY COUNCILS.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 673 (Word version) -- Senators Branton, Passailaigue, McGill and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REENTITLING CHAPTER 7, TITLE 11, RELATING TO THE STATE AUDITOR AS "AUDITS" AND DESIGNATING SECTIONS 11-7-10 THROUGH 11-7-30 AS ARTICLE 1 ENTITLED "STATE AUDITOR"; AND TO AMEND THE 1976 CODE BY ADDING ARTICLE 3 IN THE RETITLED CHAPTER SO AS TO PROVIDE FOR THE GOVERNANCE OF THE INTERNAL AUDITING FUNCTIONS OF STATE AGENCIES AND THE ESTABLISHMENT OF THE OFFICE OF INSPECTOR GENERAL WITHIN THE STATE BUDGET AND CONTROL BOARD AS A REVIEWING ENTITY OF INTERNAL AUDITING FUNCTIONS FOR AGENCIES THAT HAVE INTERNAL AUDITING AND PROVIDING THAT FUNCTION TO AGENCIES WITHOUT INTERNAL AUDITING FUNCTIONS, TO PROVIDE FOR THE APPOINTMENT OF THE INSPECTOR GENERAL BY THE STATE BUDGET AND CONTROL BOARD WITH THE ADVICE AND CONSENT OF THE SENATE, TO PROVIDE THE RELATIONSHIP AND LINES OF COMMUNICATION BETWEEN THE INSPECTOR GENERAL AND AGENCY INTERNAL AUDITORS, TO PROVIDE THAT THE OFFICE OF INSPECTOR GENERAL SHALL CONSULT WITH THE OFFICE OF HUMAN RESOURCES OF THE STATE BUDGET AND CONTROL BOARD TO DEVISE A STANDARDIZED GRADE AND COMPENSATION PLAN FOR INTERNAL AUDITORS, AND COORDINATE CONTINUING EDUCATION FOR STATE AGENCY INTERNAL AUDITORS, AND TO PROVIDE A JULY 1, 2002, EFFECTIVE DATE FOR THIS ACT.
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Read the first time and referred to the Committee on Finance.

H. 4018 (Word version) -- Reps. Stille, Carnell, Townsend and Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-709 SO AS TO DESIGNATE THE HISTORIC ABBEVILLE OPERA HOUSE IN ABBEVILLE, SOUTH CAROLINA, AS THE OFFICIAL STATE RURAL DRAMA THEATER.

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

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

S. 45 (Word version) -- Senators Land, Ford, Mescher, Giese, Reese, Rankin and Branton: A BILL TO AMEND SECTION 6-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO ADD A REPRESENTATIVE OF THE MODULAR BUILDING INDUSTRY AND A CODE ENFORCEMENT OFFICER TO THE MEMBERSHIP OF THE COUNCIL, TO MAKE ALL MEMBERS VOTING MEMBERS, AND TO FURTHER PROVIDE FOR THE CALL OF MEETINGS.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Transportation polled out S. 597 favorable:

S. 597 (Word version) -- Senators Wilson, Grooms and Branton: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 91 SO AS TO PROVIDE FOR THE ISSUANCE OF FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES.

Wilson                    Leatherman                Land
Leventis                  McGill                    Elliott
Ryberg                    Rankin                    Short
Grooms                    Ford                      Bauer
Richardson                Ritchie                   Hawkins
Verdin

Jackson

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

H. 3687 --Introduced by Ways and Means Committee:

Ordered for consideration tomorrow.

Senator THOMAS from the Committee on Banking and Insurance polled out H. 3721 favorable:

H. 3721 (Word version) -- Reps. Cato, J.E. Smith, Chellis, Knotts, Cooper, Bales, Hayes, Harvin, Tripp, Leach, Ott, Whatley, Edge, Hinson and Barfield: A BILL TO AMEND SECTION 34-29-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSUMER FINANCING IN CONNECTION WITH LICENSING OF CONSUMER FINANCE COMPANIES, SO AS TO ALLOW A LICENSEE TO CHARGE A MINIMUM DELINQUENCY CHARGE OF TEN DOLLARS ON AN UNPAID INSTALLMENT AFTER TEN DAYS AND TO ADD A MAINTENANCE FEE OF THREE DOLLARS A MONTH TO THE GROSS AMOUNT OF THE PROMISSORY NOTE, IF THAT FEE IS REFUNDED PRO RATA UPON PREPAYMENT OF THE NOTE; TO AMEND SECTION 37-3-203, AS AMENDED, RELATING TO DELINQUENCY CHARGES IN CONNECTION WITH A CONSUMER LOAN OR REFINANCING OF A CONSUMER LOAN, SO AS TO PROVIDE FOR A MINIMUM DELINQUENCY CHARGE OF TEN DOLLARS ON AN INSTALLMENT THAT IS UNPAID TEN DAYS AFTER ITS DUE DATE AND TO ALLOW A CREDITOR TO APPLY PAYMENT TO A DELINQUENT RATHER THAN CURRENT OR UNMATURED INSTALLMENT; AND TO AMEND SECTION 37-5-108, AS AMENDED, RELATING TO REMEDIES AND PENALTIES IN CONNECTION WITH CONSUMER TRANSACTIONS, SO AS TO CLARIFY FACTORS FOR CONSIDERATION IN A DETERMINATION OF UNCONSCIONABLE CONDUCT.

Thomas                    Saleeby                   Leatherman
McConnell                 Setzler                   Courson
Matthews                  Patterson                 Passailaigue
Hayes                     Jackson                   Martin
Rankin                    Alexander                 Grooms
Richardson

Reese

Ordered for consideration tomorrow.

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

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 3117 (Word version) -- Reps. Kirsh, Witherspoon and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2740 SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY UPON WRITTEN OR ELECTRONIC NOTIFICATION FROM THE COUNTY TREASURER TO SUSPEND THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF PERSONS WHO ARE DELINQUENT IN PAYING PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE; TO AMEND SECTION 12-37-2675, RELATING TO THE PROHIBITION OF ADDITIONAL TAXES WHEN A MOTOR VEHICLE LICENSE PLATE IS TRANSFERRED, SO AS TO PROVIDE THAT THE PROHIBITION APPLIES IF THE TITLE AND REGISTRATION TO THE VEHICLE FROM WHICH THE TAG WAS REMOVED IS TRANSFERRED TO A NEW OWNER; AND TO AMEND SECTION 56-3-1290, RELATING TO THE TRANSFER OF LICENSE PLATES AND THE APPLICABLE FEE, SO AS TO ALLOW A TRANSFER ONLY IF THE TITLE AND REGISTRATION TO THE VEHICLE FROM WHICH THE LICENSE WAS REMOVED IS TRANSFERRED TO A NEW OWNER.

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

S. 478 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 17-25-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIFE SENTENCES FOR PERSONS CONVICTED OF CERTAIN CRIMES, SO AS TO PROVIDE THAT A VIOLATION OF SECTION 43-35-85(E) IS CONSIDERED A SERIOUS OFFENSE FOR PURPOSES OF DETERMINING WHO IS ELIGIBLE FOR LIFE IMPRISONMENT WITHOUT PAROLE, AND SO AS TO PROVIDE THAT A VIOLATION OF SECTION 43-35-85(F) IS CONSIDERED A MOST SERIOUS OFFENSE FOR PURPOSES OF DETERMINING WHO IS ELIGIBLE FOR LIFE IMPRISONMENT WITHOUT PAROLE.

S. 616 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 56-3-1960, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, AND THE ISSUANCE OF HANDICAPPED PARKING DISPLAY PLACARDS TO AN AGENCY, ORGANIZATION, OR FACILITY THAT TRANSPORTS A DISABLED OR HANDICAPPED PERSON OR TO A HANDICAPPED PERSON, SO AS TO PROVIDE THAT HANDICAPPED PARKING DISPLAY PLACARDS ALSO MAY BE ISSUED TO A PRIVATE INDIVIDUAL WHO TRANSPORTS A DISABLED OR HANDICAPPED PERSON.

S. 510 (Word version) -- Senator Mescher: A BILL TO AMEND CHAPTER 25, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION FOR THE BLIND, SO AS TO REVISE CERTAIN DEFINITIONS, MAKE CERTAIN TECHNICAL CHANGES, PROVIDE THAT OPTOMETRISTS, AS WELL AS OPHTHALMOLOGISTS, MAY EXAMINE VISUALLY IMPAIRED PERSONS FOR THE COMMISSION, TO PROVIDE FOR A SPECIAL SERVICES SECTION OF THE COMMISSION TO PROVIDE EDUCATIONAL SERVICES, TO REVISE THE HEARING PROCEDURE FOR DISSATISFIED APPLICANTS AND TO PROVIDE MEDIATION; TO AMEND SECTION 43-26-10, RELATING TO DEFINITIONS CONCERNING THE OPERATION OF VENDING FACILITIES BY BLIND PERSONS, SO AS TO REVISE A DEFINITION; AND TO AMEND SECTION 43-26-40, RELATING TO LICENSES FOR THE OPERATION OF VENDING FACILITIES BY BLIND PERSONS SO AS TO PROVIDE LICENSES ARE ISSUED FOR INDEFINITE PERIODS OF TIME AND TO DELETE THE RESPONSIBILITY OF THE COMMISSION TO SECURE OTHER PERMITS OR LICENSES FROM OTHER AGENCIES OR POLITICAL SUBDIVISIONS FOR ITS LICENSES.

Senator MESCHER explained the Bill.

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

H. 3263 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 40-11-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENGAGING IN CONSTRUCTION PURSUANT TO A LICENSE, SO AS TO DEFINE "ENGAGING IN CONSTRUCTION" AND TO REQUIRE THAT A LICENSED CONTRACTOR ENGAGE IN CONSTRUCTION IN THE EXACT LICENSED NAME; AND TO AMEND SECTION 40-11-410, AS AMENDED, RELATING TO LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS SO AS TO DELETE "GLASS" AND "GLAZING" FROM THE SUBCLASSIFICATION OF "INTERIOR RENOVATION" AND TO ADD AND DEFINE "GLASS AND GLAZING" AS A SUBCLASSIFICATION OF "GENERAL CONTRACTORS SPECIALTY".

H. 3600 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-18-900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION OVERSIGHT COMMITTEE'S ACADEMIC PERFORMANCE RATINGS AND PERFORMANCE INDICATORS UNDER THE EDUCATION ACCOUNTABILITY ACT, SO AS TO PROVIDE THAT THE COMMITTEE IN ALL RATINGS RATHER THAN JUST IN THE IMPROVEMENT RATING SHALL CONSIDER CERTAIN CRITERIA.

H. 3515 (Word version) -- Reps. Sandifer, Robinson, Allison, Altman, Askins, Barfield, Barrett, Bingham, Carnell, Cato, Chellis, Cobb-Hunter, Cooper, Dantzler, Harrell, Huggins, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Martin, Meacham-Richardson, J.M. Neal, Phillips, Rice, Riser, Simrill, D.C. Smith, W.D. Smith, Snow, Talley, Taylor, Thompson, Trotter, Walker, Whipper, Wilder, A. Young, McLeod, Davenport, Emory, Sinclair and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-235 SO AS TO PROVIDE THAT A NONRESIDENT EMBALMER OR FUNERAL DIRECTOR MAY BE LICENSED IN THIS STATE IF THE LICENSURE REQUIREMENTS OF HIS STATE ARE SUBSTANTIALLY SIMILAR TO REQUIREMENTS OF THIS STATE AND TO REQUIRE FIVE YEARS OF PRACTICE AND PASSAGE OF AN EXAMINATION FOR LICENSURE WHEN THE LICENSURE REQUIREMENTS IN ANOTHER STATE ARE NOT SUBSTANTIALLY SIMILAR TO REQUIREMENTS IN THIS STATE; TO ADD SECTION 40-19-265 SO AS TO ESTABLISH PERMIT REQUIREMENTS FOR FUNERAL HOMES, BRANCH FUNERAL HOMES, RETAIL SALES OUTLETS, AND CREMATORIES; TO AMEND SECTION 40-19-10, AS AMENDED, RELATING TO THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE, SO AS TO REQUIRE ALL FUNERAL DIRECTORS AND EMBALMERS SERVING ON THE BOARD TO BE FULL-TIME EMPLOYEES OF A FUNERAL ESTABLISHMENT; TO AMEND SECTION 40-19-20, AS AMENDED, RELATING TO DEFINITIONS CONCERNING EMBALMERS AND FUNERAL DIRECTORS, SO AS TO REVISE, AMONG OTHER DEFINITIONS, "BRANCH FUNERAL HOME", "DISPOSITION", AND "MANAGER" AND TO DEFINE ADDITIONAL TERMS; TO AMEND SECTION 40-19-110, AS AMENDED, RELATING TO GROUNDS FOR MISCONDUCT, SO AS TO PROHIBIT SOLICITING THE SALE OF FUNERAL MERCHANDISE AND TO CLARIFY OTHER GROUNDS; TO AMEND SECTION 40-19-230, RELATING TO QUALIFICATIONS FOR LICENSURE, SO AS TO CHANGE THE ACCREDITING BODY FOR EMBALMING COLLEGES AND TO CONFORM PROVISIONS TO THE REVISED LICENSURE REQUIREMENTS FOR OUT-OF-STATE EMBALMERS AND FUNERAL DIRECTORS; TO AMEND SECTION 40-19-270, RELATING TO PERMITS AND INSPECTIONS OF FUNERAL ESTABLISHMENTS AND CREMATORIES, SO AS TO APPLY CERTAIN OF THESE PROVISIONS TO RETAIL SALES OUTLETS; TO AMEND SECTION 40-19-280, RELATING TO THE REQUIREMENT THAT A PERSON BE LICENSED TO HOLD HIMSELF OUT AS PRACTICING FUNERAL SERVICE OR OPERATING A FUNERAL ESTABLISHMENT, SO AS TO APPLY THIS LICENSURE REQUIREMENT TO A PERSON OPERATING A CREMATORY OR A RETAIL SALES OUTLET; AND TO AMEND SECTION 40-19-290, RELATING TO DISCLOSURE OF INFORMATION AND EXPENSES TO CLIENTS BY FUNERAL ESTABLISHMENTS, SO AS TO ALSO REQUIRE CREMATORIES TO DISCLOSE SUCH INFORMATION AND EXPENSES TO ITS CLIENTS.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

The Committee on Labor, Commerce and Industry proposed the following amendment (3515R001.JVS), which was adopted:

Amend the bill, as and if amended, Section 40-19-270(d), page 10, by deleting line 37 and inserting:

/   in regulation. All permits expire on June thirtieth of each odd-numbered year.   /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the committee amendment.

The committee amendment was adopted.

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

H. 3529 (Word version) -- Reps. Stille, Townsend, Carnell, Allison, Littlejohn, Sandifer and Walker: A BILL TO AMEND SECTIONS 59-4-20 AND 59-4-40, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND FUND ADMINISTRATION FOR PURPOSES OF THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM ACT, SO AS TO FURTHER DEFINE "TUITION" AND TO PROVIDE THAT THE CONTENTS OF THE REVOLVING FUND, INCLUDING ANY RIGHT OF REFUND OR ANY OTHER RIGHT ACCRUED BY A PERSON IN THE FUND IS EXEMPT FROM LEGAL PROCESS AND IS UNASSIGNABLE.

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

The Committee on Education proposed the following amendment (NBD\11663AC01), which was adopted:

Amend the bill, as and if amended, Section 59-4-40, page 2, line 11 after the / . / by inserting:

/The fund may receive amounts transferred from a Uniformed Gift to Minors Act, Uniform Trust to Minors Act, or other account established for the benefit of a minor provided that the beneficiary of such an account is identified as the legal owner of the South Carolina Tuition Prepayment Program contract upon attaining majority age./

Renumber sections to conform.

Amend title to conform.

Senator GIESE explained the committee amendment.

The committee amendment was adopted.

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

H. 3602 (Word version) -- Reps. Townsend and Harrell: A BILL TO AMEND SECTION 59-6-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION OVERSIGHT COMMITTEE, SO AS TO ADD THE STATE SUPERINTENDENT OF EDUCATION OR THE SUPERINTENDENT'S DESIGNEE AS AN EX OFFICIO NONVOTING MEMBER.

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

The Committee on Education proposed the following amendment (GJK\20564SD01), which was adopted:

Amend the bill, as and if amended, in Section 59-6-110 of the 1976 Code, as contained in SECTION 1, by striking /nonvoting / on line 17, page 2.

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

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

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

S. 241 (Word version) -- Senator Passailaigue: A BILL TO AMEND ACT 438 OF 2000 SO AS TO PROVIDE THAT STUDENTS WHO ATTEND PRIVATE SCHOOL IN BERKELEY COUNTY WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.

S. 464 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 23, TITLE 59 SO AS TO FURTHER PROVIDE FOR APPLICABLE STANDARDS, SPECIFICATIONS, AND CODES WHICH APPLY TO THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY, AND TO REQUIRE THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY TO BE INSPECTED BY THE STATE SUPERINTENDENT OF EDUCATION OR THE SUPERINTENDENT'S DESIGNEE BEFORE OCCUPANCY; AND TO REPEAL ARTICLE 1, CHAPTER 23, TITLE 59 OF THE 1976 CODE, RELATING TO SCHOOL BUILDING CODES AND INSPECTIONS.

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

The Committee on Education proposed the following amendment (464R001.RWH), which was adopted:

Amend the bill, as and if amended, in Section 59-23-520 of the 1976 Code, as contained in SECTION 1, by adding at the end of the second paragraph:

/     The certificate of occupancy must be reviewed and approved by the State Fire Marshal before it may be issued by the Superintendent of Education or the superintendent's designee. /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

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

S. 524 (Word version) -- Senator Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-87 SO AS TO REQUIRE, IN ADDITION TO LICENSURE, THAT SCHOOL SOCIAL WORKERS BE CERTIFIED BY THE DEPARTMENT OF EDUCATION AND COMPLETE SIX SEMESTER HOURS WITHIN FIVE YEARS FOR RENEWAL OF CERTIFICATION.

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

The Committee on Education proposed the following amendment (NBD\11632AC01), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION   1.   The 1976 Code is amended by adding:

"Section 59-26-87.   The State Department of Education shall provide professional certification for School Social Workers in South Carolina. Professional certificates shall be offered at the advanced level. To renew certification as a School Social Worker, the individual must complete the requirements according to regulations promulgated by the State Board of Education."

SECTION   2.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the committee amendment.

The committee amendment was adopted.

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

H. 3516 (Word version) -- Rep. Altman: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND RECOMMENDATIONS FOR APPOINTMENTS FOR BOARDS AND COMMISSIONS FROM THE LEGISLATIVE DELEGATION REPRESENTING CHARLESTON COUNTY TO THE GOVERNING BODY OF CHARLESTON COUNTY AND TO PROVIDE EXCEPTIONS.

Senator RAVENEL 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 second reading of the Bill.

Senator FORD proposed the following amendment (3516R003.RF), which was adopted:

Amend the bill, as and if amended, page 1, by striking lines 31 through 39 and inserting the following:

/       (B)   The application of subsection (A) does not include members of the Charleston County Board of Registration; the Charleston County Election Commission; the Charleston County Aviation Authority; the county Veterans Affairs officer as provided in Section 25-11-40; the Commissioners of Pilotage for the Port of Charleston as provided in Section 54-15-40; appointments to the Area Commission on Technical Education as provided in Section 59-53-410; the filling of a vacancy on the Board of Trustees of the Charleston County School District; any board or commission that has members representing other than Charleston County; or any offices, boards, and commissions whose duties and responsibilities are totally within the boundaries of a municipality, which appointments must be made by the municipality.   /

Renumber sections to conform.

Amend title to conform.

Senator FORD explained the amendment.

The amendment was adopted.

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

On motion of Senator RAVENEL, H. 3516 was ordered to receive a third reading on Wednesday, May 9, 2001.

H. 3427 (Word version) -- Reps. Knotts, Barrett, Govan, Thompson, Whatley, White and Lourie: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 87 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES TO WORLD WAR II VETERANS AND TO PROVIDE FOR THE USE OF A CERTAIN PORTION OF THE FEES COLLECTED FROM THE ISSUANCE OF THIS LICENSE PLATE.

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

Senator FAIR proposed the following amendment (3427C001.MRH):

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:

/ SECTION   __.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-8910.   (A)   The Department of Public Safety shall issue special motor vehicle license plates to owners of private passenger carrying motor vehicles or light pickups having an empty weight of six thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which shall have imprinted on the plate the words 'Choose Life'. The fee for this special license plate is seventy dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.

(B)   From the fees collected, the Comptroller General shall place sufficient funds into a special restricted account to be used by the department to defray the expense of producing the license plate. The remaining funds shall be designated for use by the Department of Social Services to be used to support local crisis pregnancy programs. Local private nonprofit tax exempt organizations offering crisis pregnancy services may apply for grants from this fund to further their tax exempt purposes. Grants must be awarded not more than once a year, and an applicant must receive as a grant an amount of the total revenues in the fund multiplied by the percentage that the applicant's caseload in the preceding calendar year was of the total caseload of all applicants in that year. Grants may not be awarded to any agency, institution, or organization that provides, promotes, or refers for abortion.

(C)   Before the Department of Public Safety produces and distributes a special license plate pursuant to this section, it must receive four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, the department shall retain the deposit.

(D)   If the department receives less than three hundred biennial applications and renewals for the 'Choose Life' special license plate, it may not produce additional special license plates in that series. However, the department shall continue to issue special license plates of that series until the existing inventory is exhausted."           /

Renumber sections tn conform.

Amend title to conform.

Senator FAIR explained the amendment.

Senator HUTTO objected to further consideration of the Bill.

Senator FAIR rose for an Expression of Personal Interest.

Senator LEVENTIS rose for an Expression of Personal Interest.

Senator HUTTO rose for an Expression of Personal Interest.

H. 3270 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 41-29-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE EMPLOYMENT SECURITY COMMISSION AND THEIR TERMS, SO AS TO PROVIDE THAT EACH OFFICE IS SEPARATE AND NUMBERED, AND TO PROVIDE THAT ELECTIONS MUST BE FOR A SPECIFIC, NUMBERED SEAT ON THE COMMISSION STARTING WITH THE ELECTIONS IN 2004.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

The Committee on Labor, Commerce and Industry proposed the following amendment (H-3270 AMENDMENT), which was adopted:

Amend the bill, as and if amended, page 2, by deleting line 3 and inserting:

/receive an annual salary payable in monthly installments. After January 1, 2001, no member of the General Assembly shall be elected to the Employment Security Commission while that person is serving in the General Assembly nor shall that person be elected to the Employment Security Commission for a period of one year after he ceases to be a member of the General Assembly."/

Renumber sections to conform.

Amend title to conform.

Senator O'DELL explained the committee amendment.

The committee amendment was adopted.

Senator PATTERSON objected to further consideration on the Bill.

S. 626 (Word version) -- Senators Glover, Elliott, Leventis, Ford, Leatherman, Land, Anderson, McGill, Hawkins, O'Dell, Setzler, Saleeby, Moore, Hayes, Ravenel, Patterson and Matthews: A BILL TO AMEND CHAPTER 1, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE BY ADDING SECTION 46-1-160 SO AS TO PROVIDE FOR A MORATORIUM ON THE CONSTRUCTION OR EXPANSION OF SWINE FARMS, SWINE HOUSES, AND ON LAGOONS AND ANIMAL WASTE MANAGEMENT SYSTEMS FOR SWINE FARMS AND SWINE HOUSES, AND ON THE ISSUANCE OF ANY PERMIT REQUIRED FOR THE CONSTRUCTION OR EXPANSION OF SWINE FARMS, SWINE HOUSES, AND ON LAGOONS AND ANIMAL MANAGEMENT SYSTEMS FOR SWINE FARMS AND SWINE HOUSES UNTIL AND UNLESS OTHERWISE PROVIDED BY LAW, AND TO PROVIDE CERTAIN EXEMPTIONS FROM THE MORATORIUM; AND BY ADDING SECTION 46-1-170 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO USE, CONSTRUCT, OR EXPAND A LAGOON AS PART OF OR AS A COMPONENT OF AN ANIMAL WASTE MANAGEMENT SYSTEM FOR A SWINE FARM OR SWINE HOUSE IN THIS STATE, AND TO PROVIDE THIS SECTION DOES NOT APPLY TO THE USE OF EXISTING LAGOONS.

On motion of Senator RANKIN, with unanimous consent, the name of Senator RANKIN was added as a co-sponsor of S. 626

H. 3783 (Word version) -- Rep. Martin: A CONCURRENT RESOLUTION TO DECLARE THAT APRIL 3, 2001, SYMBOLIZES THE DAY ON WHICH THE WAGES PAID TO AMERICAN WOMEN TO THIS DATE IN 2001, WHEN ADDED TO THEIR EARNINGS FOR THE ENTIRE 2000 CALENDAR YEAR, FINALLY EQUAL THE 2000 EARNINGS OF AMERICAN MEN, AND TO DECLARE APRIL 3, 2001, "EQUAL PAY DAY" IN ORDER TO RECOGNIZE THE FULL VALUE OF A WOMAN'S SIGNIFICANT SKILLS AND CONTRIBUTIONS TO THIS NATION'S LABOR FORCE.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3302 (Word version) -- Reps. Leach and Wilkins: A JOINT RESOLUTION TO CREATE AN ADOPTIONS PROCEDURE STUDY COMMITTEE, TO PROVIDE FOR ITS MEMBERSHIP AND ITS SCOPE OF STUDY, TO REQUIRE THE COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY, AND TO ABOLISH THE COMMITTEE UPON SUBMISSION OF ITS REPORT.

On motion of Senator MOORE

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

S. 96 (Word version) -- Senators Wilson, Courson, Richardson, Verdin, Mescher, McConnell, Reese, Branton, Grooms, Ryberg and Giese: A BILL TO ENACT THE "SOUTH CAROLINA EXILE ACT OF 2001" INCLUDING PROVISIONS TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OFFENSES INVOLVING WEAPONS, SO AS TO PROVIDE INCREASED PENALTIES FOR AN OFFENDER WITH A PREVIOUS CONVICTION FOR A VIOLENT CRIME; TO AMEND SECTION 16-23-490, AS AMENDED, RELATING TO PENALTIES FOR POSSESSION OF A FIREARM DURING COMMISSION OF A VIOLENT CRIME, SO AS TO PROVIDE A SEPARATE OFFENSE FOR THE POSSESSION OF A FIREARM DURING AN OFFENSE INVOLVING A CONTROLLED SUBSTANCE AND TO PROVIDE A SEPARATE, MANDATORY MINIMUM TERM OF IMPRISONMENT UPON CONVICTION; TO AMEND SECTION 17-15-10, RELATING TO BAIL AND RECOGNIZANCE, SO AS TO ADD OTHER CONDITIONS OF RELEASE AND MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-15, RELATING TO THE DEPOSIT OF CASH PERCENTAGE IN LIEU OF BOND, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-30, RELATING TO THE COURT'S CONSIDERATION OF CERTAIN FACTORS WHEN MAKING A BAIL DECISION, SO AS TO PROVIDE ADDITIONAL FACTORS AND TO REQUIRE THE COURT TO CONSIDER EACH FACTOR WHEN MAKING ITS DECISION; AND TO AMEND SECTION 22-5-510, AS AMENDED, RELATING TO BOND HEARINGS, SO AS TO PROVIDE ADDITIONAL OFFENSES FOR WHICH THE MAGISTRATE MAY DENY BAIL AND TO REQUIRE THE MAGISTRATE TO OBTAIN, WHEN FEASIBLE, THE PERSON'S CRIMINAL HISTORY FROM THE ARRESTING LAW ENFORCEMENT AGENCY BEFORE CONDUCTING THE BOND HEARING AND TO PROVIDE A DEFINITION OF CRIMINAL HISTORY.

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

Senator PINCKNEY was recognized.

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

Having received a favorable report from the Dorchester County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Dorchester County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003

Tera S. Richardson, 262 Tannenbaum Road, Ravenel, S.C. 29470

Having received a favorable report from the Richland County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Richland County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003

Kirby D. Shealy, Jr., 1825 St. Julian Place, 14-L, Columbia, S.C. 29204

On motion of Senator PASSAILAIGUE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Rufus C. Barkley, Jr. of Charleston, S.C., an exemplary role model in his business, civic, religious and family life. In 1996, he was selected as the Business Leader of the Year by the S.C. Chamber of Commerce and is scheduled to be inducted into the S.C. Business Hall of Fame. He was devoted to his family and was a dedicated servant in both his church and civic affairs.

At 1:16 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.

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