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H. 3883 -- Reps. Rice, Whatley and Knotts: A BILL TO AMEND SECTION 56-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRACE PERIOD FOR PROCURING A MOTOR VEHICLE REGISTRATION AND LICENSE, SO AS TO REQUIRE A PLACARD CONTAINING CERTAIN INFORMATION BE DISPLAYED ON THE MOTOR VEHICLE BEFORE THE REGISTRATION AND LICENSE PLATE ARE RECEIVED.

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

H. 4382 -- Reps. Harrison, Herdklotz, J. Young, Jennings, Riser and Allison: A BILL TO AMEND SECTION 20-4-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDERS FOR PROTECTION FROM DOMESTIC ABUSE, SO AS TO CONFORM THE STATEMENT PERTAINING TO CRIMINAL VIOLATIONS REQUIRED IN SUCH AN ORDER TO AN INCREASE IN THE CRIMINAL PENALTY FOR THIS OFFENSE.

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

H. 4387 -- Reps. McElveen and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-65 SO AS TO GRANT EMPLOYERS IMMUNITY, BOTH ABSOLUTE AND QUALIFIED DEPENDING ON THE SCOPE OF THE INFORMATION, FOR RESPONDING TO PROSPECTIVE EMPLOYERS' REQUESTS FOR REFERENCES.

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

H. 4548 -- Rep. Boan: A BILL TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO, AMONG OTHER THINGS, THE UNIVERSITY OF SOUTH CAROLINA ATHLETIC FACILITIES REVENUE BONDS, SO AS TO REVISE DEFINITIONS, DELETE ISSUANCE APPROVAL REQUIREMENTS BY THE STATE BUDGET AND CONTROL BOARD, EXTEND THE BOND AUTHORITY TO RECONSTRUCTION, RENOVATION, AND EQUIPPING OF ATHLETIC FACILITIES, CONFORM PROVISIONS TO REVISED DEFINITIONS, DELETE THE REQUIREMENT THAT ALL HOME FOOTBALL GAMES BE PLAYED AT THE UNIVERSITY'S STADIUM, TO ALLOW THE ISSUE OF TERM BONDS, AND

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

H. 4550 -- Rep. Boan: A BILL TO AMEND CHAPTER 117, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIVERSITY OF SOUTH CAROLINA, BY ADDING ARTICLE 5 ENACTING THE UNIVERSITY OF SOUTH CAROLINA REVENUE BOND ACT AUTHORIZING THE UNIVERSITY TO ISSUE REVENUE BONDS TO FINANCE IMPROVEMENTS AND EQUIPMENT AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED.

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

H. 4780 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO DESIGNATION OF PLANT PESTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1889, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

H. 4791 -- Reps. Walker, Littlejohn, Allison, Cato, Davenport, Wells, D. Smith, Lee, Lanford and Phillips: A JOINT RESOLUTION TO PROVIDE THAT CERTAIN SCHOOL DAYS MISSED BY STUDENTS OF SPECIFIED SCHOOL DISTRICTS IN SPARTANBURG COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO WEATHER OR OTHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED

Senator SALEEBY from the Committee on Banking and Insurance submitted a majority favorable with amendment and Senator MARTIN a minority unfavorable report on:

S. 384 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-270 SO AS TO PROVIDE THAT NOTHING IN TITLE 38 MAY LIMIT AN INSURER OR OTHER THIRD PARTY PAYOR FROM DETERMINING THE SCOPE OF ITS BENEFITS AND OTHER TERMS OF ITS CONTRACTS WITH PROVIDERS EXCEPT THAT THE CONTRACT PROVIDING COVERAGE TO AN INSURED MAY NOT EXCLUDE THE RIGHT OF ASSIGNMENT OF BENEFITS TO A PROVIDER AT THE SAME BENEFIT RATE AS PAID TO A CONTRACT PROVIDER.

Ordered for consideration tomorrow.

Senator LAND from the Committee on Transportation polled out S. 704 favorable with amendment:

S. 704 -- Senators Land, Drummond and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-4096 SO AS TO PROHIBIT TRESPASSING UPON RAILROAD TRACKS AND PROVIDE PENALTIES FOR VIOLATIONS.

Land                 Alexander            Leatherman
O'Dell               Boan                 McGill
Passailaigue         Rose                 Short
Waldrep              Fair                 Ryberg
Smith, G.

NOT VOTING
Leventis             Wilson               Patterson
Elliott              Rankin

Ordered for consideration tomorrow.

Senator LAND from the Committee on Transportation submitted a favorable with amendment report on:

S. 1162 -- Senator Martin: A BILL TO AMEND SECTION 56-3-2320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE USE OF DEALER LICENSE PLATES, SO AS TO PROVIDE THAT A DEALER LICENSE PLATE IS ALLOWED ON A MOTOR VEHICLE WHICH THE DEALER LENDS TO ECONOMIC DEVELOPMENT PERSONNEL PURSUANT TO AN AGREEMENT WITH THE COUNTY BY WHICH SUCH PERSONNEL IS EMPLOYED.

Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable with amendment report on:

H. 4544 -- Reps. Cotty, Mason, T. Brown, Inabinett, Richardson, Rogers, Seithel, Neilson, Easterday, Kirsh, Shissias, Stuart, Hutson, McMahand, Rhoad, J. Harris, Wilkes, Stille, Cato, Bailey, Harrison, Gamble, Dantzler, Witherspoon, Delleney, Fleming, Harrell, Koon, Cromer and S. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-5-190 SO AS TO AUTHORIZE CERTAIN INSURANCE OR INSURANCE-RELATED ENTITIES, ORGANIZATIONS, OR AGENCIES TO CAUSE RECORDS RELATING TO POLICY APPLICATIONS, CHANGES, REFUNDS, TERMINATIONS, CLAIMS, OR PREMIUM PAYMENTS TO BE COPIED OR REPRODUCED BY CERTAIN MEANS, AND PROVIDE FOR RELATED MATTERS.

Ordered for consideration tomorrow.

H. 4797 -- Reps. Stoddard, Inabinett, Littlejohn and McAbee: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 10, 1996, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, THE COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, THE UNIVERSITY OF SOUTH CAROLINA, THE WIL LOU GRAY OPPORTUNITY SCHOOL, WINTHROP UNIVERSITY, AND THE BOARD OF VISITORS OF THE CITADEL, TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1996 OR WHOSE POSITIONS OTHERWISE MUST BE FILLED, AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

Courson              Peeler               Wilson
Matthews             Patterson            O'Dell
Passailaigue         McGill

NOT VOTING
Russell              Rose

Columbia, S.C., March 21, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4647 -- Reps. Vaughn, Rice, Easterday, Littlejohn, Allison, Anderson, Herdklotz, Loftis, Haskins, Cato, McMahand, Wilkins, Tripp, Wells, Jaskwhich and Lanford: A BILL TO AMEND SECTION 55-11-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF AN AIRPORT ENVIRONS AREA AND SUB-AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT, SO AS TO FURTHER PROVIDE FOR THE ENVIRONS AREA, AND DELAY THE DATE FOR COMPLETION OF THE TASKS REQUIRED BY THE AIRPORT ENVIRONS PLANNING COMMISSION.
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.

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

H. 3131 -- Rep. Hodges: A BILL TO REPEAL CHAPTER 19 OF TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONAL SERVICE CONTRACTS AND THE REQUIREMENT THAT THESE CONTRACTS BE INDEXED IN THE OFFICES OF THE REGISTER OF MESNE CONVEYANCES OR THE CLERK OF COURT.

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

H. 4354 -- Reps. Robinson, Walker, Allison, D. Smith, Simrill and Kirsh: A BILL TO AMEND SECTION 23-28-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESERVE POLICE OFFICERS' DUTIES, SO AS TO NOT REQUIRE A RESERVE POLICE OFFICER TO BE ACCOMPANIED BY A FULL-TIME CERTIFIED SOUTH CAROLINA POLICE OFFICER, AND TO REQUIRE A RESERVE POLICE OFFICER TO BE IN PROXIMATE CONTACT WITH THE FULL-TIME OFFICER TO WHOM HE IS ASSIGNED.

H. 3532 -- Reps. Wright, H. Brown, Cato, Cooper, Fulmer, Harvin, Harwell, Keegan, Knotts, Koon, Wilkins and A. Young: A BILL TO AMEND TITLE 52, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMUSEMENTS, GAMES, AND ATHLETIC CONTESTS BY ADDING CHAPTER 19 SO AS TO ESTABLISH IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH TO A PERSON ENGAGED IN A ROLLER SKATING ACTIVITY CAUSED BY AN INHERENT RISK OF ROLLER SKATING.

Senator HOLLAND 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.

Senator PASSAILAIGUE proposed the following amendment (3532R001.ELP), which was adopted:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting the following:

/SECTION 1. Title 52 of the 1976 Code is amended by adding:

Section 52-19-10. As used in this chapter:

(2) `Operator' means a person or entity who owns, manages, controls or directs, or who has operational responsibility for a ice or roller skating rink.

(3) `Skater' means a person wearing ice skates while in an ice skating rink or roller skates in a roller skating rink for the purpose of recreational or competitive skating without regard to whether the person paid consideration.

(4) `Skating rink' means a building, facility, or premises which provides an area specifically designed to be used by the public for recreational or competitive ice or roller skating.

(5) `Spectator' means an invitee who is present in a skating rink but is not wearing ice or roller skates.

Section 52-19-20. It is the responsibility and duty of the operator to the extent practicable to:

(1) post in a conspicuous place the duties of skaters and spectators and the duties, obligations, and liabilities of the operator as prescribed in this chapter;

(2) maintain the stability and legibility of all signs, symbols, and posted notices required by this chapter;

(3) have at least one floor supervisor on duty for approximately every two hundred skaters when the skating rink is open for sessions. The floor supervisor is not required to wear skates, and an operator is considered to be a floor supervisor;

(4) maintain the skating surface in a reasonably safe condition and clean and inspect the skating surface before each session;

(5) maintain the railings, kickboards, and walls surrounding the skating surface in good condition;

(6) make certain that in skating rinks with step-up or step-down skating surfaces that the covering on the riser and tread is securely fastened;

(7) inspect emergency lighting units periodically and maintain the emergency lighting units in proper working order;

(8) inspect rental skates on a regular basis and maintain the skates in good mechanical condition; and

(9) comply with all applicable state and local fire and safety codes.

(1) maintain reasonable control of his speed and course at all times to the extent he is able;

(2) comply with all properly posted signs and warnings and follow the reasonable instructions of the operator;

(3) wear skates only in areas designated by the operator;

(4) maintain a proper lookout to avoid other skaters and objects;

(5) accept responsibility for knowing the range of his own ability to negotiate the intended direction of travel while on skates and to skate within the limits of that ability; and

(6) refrain from acting in a manner which may cause or contribute to the injury of himself or any other person.

Section 52-19-40. Each spectator must:

(1) comply with all properly posted signs and warnings and follow the reasonable instructions of the operator;

(2) maintain a proper lookout to avoid skaters; and

(3) refrain from acting in a manner which may cause or contribute to the injury of himself, any other spectator or skater.

Section 52-19-50.(A) Except as provided in subsection (B), an operator is not liable for an injury to or the death of a skater or spectator resulting from an inherent risk of skating, and no skater, skater's representative, spectator, or spectator's representative may make a claim against, maintain an action against, or recover from an operator, for injury, loss, damage, or death of the skater or spectator resulting from an inherent risk of skating.

(B) Nothing in subsection (A) prevents or limits the liability of an operator to a skater, spectator, or their representative if the operator:

(1) breached his duty as provided in Section 52-19-20 and the breach is the proximate cause of the injury or death;

(2) committed an act or omission that constitutes wilful or wanton disregard for the safety of the skater or spectator and that act or omission caused the injury; or

(3) intentionally injured the skater or spectator.

Section 52-19-60. (A) An operator must post and maintain signs placed in clearly visible locations within the skating rink that contain the following warning notice:

Under South Carolina law, an operator is not liable for an injury to or the death of a skater or spectator resulting from an inherent risk of skating, pursuant to Chapter 19 of Title 52, Code of Laws of South Carolina, 1976. `Inherent risk of skating' means those dangers or risks

(B) Failure to comply with the requirements concerning warning signs and notices provided in this section prevents an operator from invoking the privileges of immunity provided by this chapter."

SECTION 2. This act takes effect upon approval by the Governor and applies only to causes of action arising on or after this act's effective date./

Amend the bill further, as and if amended, page 1, by striking lines 11 through 17, and inserting the following:

/TO AMEND TITLE 52, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMUSEMENTS, GAMES, AND ATHLETIC CONTESTS BY ADDING CHAPTER 19 SO AS TO ESTABLISH IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH TO A PERSON ENGAGED IN A SKATING ACTIVITY CAUSED BY AN INHERENT RISK OF ICE OR ROLLER SKATING./

Amend title to conform.

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

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

S. 981 -- Senators Giese, Passailaigue, Glover, Wilson, Lander, Rose, Leatherman, Elliott, Mescher and Washington: A JOINT RESOLUTION TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON AGING IN CONJUNCTION WITH THE HEALTH CARE PLANNING AND OVERSIGHT COMMITTEE, THE STATE DEPARTMENT OF HEALTH AND HUMAN SERVICES, THE DIVISION ON AGING, OFFICE OF THE GOVERNOR, AND THE DEPARTMENT OF REVENUE AND TAXATION TO STUDY THE EFFECT OF INMIGRATION ON HEALTH CARE COSTS AND OTHER AGING NETWORK SERVICES AND TAX POLICIES RELATIVE TO

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