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Whereas, General Marchant was selected the 1990 South Carolinian of the Year and is the recipient of the Order of the Palmetto; and

Whereas, for sixteen years General Marchant held the highest military position in his State, that of the Adjutant General, a constitutional office to which he was popularly elected on four separate occasions by his fellow South Carolinians. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Major General T. Eston Marchant is promoted to the rank of Lieutenant General of the South Carolina Army National Guard effective January 10, 1995.

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

Further, amend the title to read:

TO PROMOTE MAJOR GENERAL T. ESTON MARCHANT TO THE RANK OF LIEUTENANT GENERAL OF THE SOUTH CAROLINA ARMY NATIONAL GUARD EFFECTIVE JANUARY 10, 1995./

Senator WILSON explained the amendment.

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.

At 3:25 P.M., the PRESIDENT assumed the Chair.

H. 4546 -- Reps. Klauber, Askins, Mason, Chamblee, R. Smith, Meacham, Wright, Elliott, Koon, D. Smith, Knotts, Herdklotz, Sharpe, Bailey, Gamble, Fulmer, Tripp, Whatley, Law, Kennedy, Vaughn, Rice, Quinn, Cato, Davenport, Wofford, Haskins, Worley, Littlejohn, Riser, J. Young, Young-Brickell, Lanford, Simrill, Witherspoon and Carnell: A BILL TO AMEND SECTION 58-27-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, THE DISPOSITION OF PROPERTIES, POWERS, FRANCHISES, OR PRIVILEGES, AND THE

Senator LAND asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

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

On motion of Senator LAND, with unanimous consent, the Bill was read the second time, with notice of general amendments and ordered placed on the third reading calendar.

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

H. 4568 -- Reps. Hutson, Mason, Bailey, Cain, S. Whipper, Knotts, Lloyd, Meacham, Fulmer, Whatley, Harrison, Rhoad, Lee, Wofford, Sharpe, Cotty, Quinn, Littlejohn, J. Harris, Riser, Davenport, Simrill, Felder, Wells and Spearman: A BILL TO AMEND SECTION 44-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT, PURPOSE, AND ADMISSIONS TO SOUTH CAROLINA VETERANS HOMES, SO AS TO PROVIDE THAT THE SOUTH CAROLINA MENTAL HEALTH COMMISSION SHALL CONSULT WITH THE DIVISION OF VETERANS AFFAIRS, OFFICE OF THE GOVERNOR, CONCERNING THE POLICIES, MANAGEMENT, AND OPERATION OF VETERANS HOMES.

H. 4372 -- Reps. Lanford, Herdklotz, Bailey and Clyburn: A BILL TO AMEND SECTIONS 49-11-10 AND 49-11-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITIONS AGAINST OVERFLOWING OR KEEPING WATER UPON THE LAND OF ANOTHER PERSON, SO AS TO PROVIDE THAT RELEASING RESERVED WATER MAY NOT INJURE THE

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

The Judiciary Committee proposed the following amendment (JUD4372.004), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 32, in Section 49-11-10(B), as contained in SECTION 1, by striking subsection (B) in its entirety and inserting therein the following:

/(B) A person owning or operating a dam which impounds a reservoir too small to be regulated under the South Carolina Dams and Reservoirs Safety Act regulations or a dam which in the judgment of the Department of Health and Environmental Control poses no significant threat of danger because of its size and location to downstream life or property may be held liable for damage to the real or personal property of another caused exclusively by the negligent construction, negligent operation, or negligent maintenance of the dam or caused by flooding due to negligent spillway control during ordinary weather, except that no dam owner shall be held liable for damages to property of another resulting from a natural disaster./.

Amend the bill further, as and if amended, page 2, line 9, in Section 49-11-20(A), as contained in SECTION 2, by striking /section/ and inserting /article/.

Amend title to conform.

Senator McCONNELL explained the amendment.

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

H. 3845 -- Rep. Cromer: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF THE JURY LIST FOR EACH COUNTY FROM A TAPE OF PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE, SO AS TO PROVIDE THAT THIS JURY LIST SHALL BE FURNISHED IN 1995 AND EVERY THIRD YEAR THEREAFTER RATHER THAN EACH YEAR, AND TO

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

The Judiciary Committee proposed the following amendment (JUD3845.002), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 27, in Section 14-7-130, as contained in SECTION 1, by striking lines 27 through 29 in their entirety and inserting therein:

/"Section 14-7-130. In November September of 1996 of and every third year thereafter in this same month, the Department of Revenue and Taxation Public Safety shall furnish the State Election Commission a computer

Amend the bill further, as and if amended, page 1, line 34, in Section 14-7-130, as contained in SECTION 1, by striking /1995/ and inserting therein /1996/.

Amend the bill further, as and if amended, page 2, line 5, in Section 14-7-130, as contained in SECTION 1, by striking /Revenue and Taxation/ and inserting therein:

/Revenue and Taxation Public Safety/.

Amend title to conform.

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

H. 4584 -- Reps. Cooper, H. Brown, Fulmer, Knotts, Young-Brickell, Wofford, Hallman, Quinn, Cato, P. Harris, Harrell and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO MAKE IT UNLAWFUL TO DISTURB OR INTERFERE OR REMOVE MONUMENTS OR MEMORIALS FOR WAR VETERANS AND PROVIDE A PENALTY.

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

Senators McCONNELL, JACKSON and FORD proposed the following amendment (4584R002.GFM), which was adopted:

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

"Section 10-1-210. (A) After the erection of Revolutionary War, War of 1812, Mexican War, War Between the States, Spanish-American War, World War I, World War II, Korean War, Vietnam War, Persian Gulf War, and African-American History monuments or memorials upon public property, they may not be removed, disturbed, or altered. No person may prevent the public body responsible for the monument or memorial from taking proper measures and exercising proper means for the protection, preservation, and care of these monuments or memorials.

(B) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars, or imprisoned for more than one year, or both."

SECTION 2. A. There is hereby established on the grounds of the State House an African-American History Monument. The design and placement of the monument shall be determined by the commission appointed pursuant to subsection B of this section. The commission shall make reasonable efforts to incorporate all eras of African-American history in the design. The monument shall be erected as soon as is reasonably possible after it is approved by the General Assembly by concurrent resolution and the State House Renovation Project is completed.

B. (1) An African-American History Monument Commission is created to determine the design of the monument and to determine the placement of the monument on the State House grounds. The commission is empowered and directed to raise private funds and to receive gifts and grants to carry out the purpose for which it is created. By January 1, 1997, the commission shall report the proposed design of the monument to the State House Committee for its approval. After action by the committee approving the design, the State House Committee shall cause to be introduced the concurrent resolution serving as the instrument of approval as provided in subsection A of this section. The State shall ensure proper maintenance of the monument as is done for other historical monuments on the State House grounds.

Four members must be appointed by the President Pro Tempore of the Senate, four members must be appointed by the Speaker of the House of Representatives, and one member must be appointed by the Governor. Notwithstanding Section 8-13-770 of the 1976 Code, members of the General Assembly may be appointed to this commission. One of the members appointed by the President Pro Tempore must be a Senator and

Commission members are not entitled to receive the subsistence, mileage, and per diem otherwise provided by law for members of state boards, committees, and commissions.

(2) The commission also shall study the feasibility of establishing an African-American History Museum analogous to the Confederate Relic Room and make recommendations with respect to its findings on this subject to the State House Committee. This new museum would collect and display historical artifacts and other items reflecting African-American history in this State. A preliminary report on this study must be made to the State House Committee no later than January 1, 1997, with a final report and recommendations due as soon as practicable thereafter.

(3) The commission established pursuant to this section is dissolved on the later of the dedication of the African-American History Monument or the final report of the commission on the feasibility of establishing an African-American History Museum.

C. The monument placed on the State House grounds pursuant to this section shall receive the protections from removal, disturbance, or alteration provided in Section 10-1-210 and the penalty provided therein shall apply with respect to a removal, disturbance, or alteration to the monument erected pursuant to authority granted in this section./

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

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

On motion of Senator McCONNELL, H. 4584 was ordered to receive a third reading on Friday, May 17, 1996.

H. 4012 -- Reps. Townsend, Trotter and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 71 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF A SPECIAL LICENSE PLATE FOR FOREST PRODUCT HAULERS; TO AMEND SECTION 56-3-120, RELATING TO EXEMPTIONS FROM REGISTERING AND LICENSING

Senator RICHTER asked unanimous consent to make a motion to proceed to a consideration of the Bill.

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

Senator ELLIOTT proposed the following amendment (4012R006.DE):

Amend the bill, as and if amended, page 4, after line 43, by adding an appropriately numbered new SECTION to read:

/SECTION . Section 57-13-40 of the 1976 Code is amended to read:

"Section 57-13-640. (A) The commission may permit any person, county or municipality, or any combination thereof, to construct toll bridges and appertaining structures suitable for highway traffic on any roads of the state highway system. But before any such permit is issued an agreement satisfactory to the Department of Transportation must be executed by the person receiving such permit fixing conditions under which the bridge is to be constructed, the character and design of the structure, the rate of toll to be charged traffic using it and the terms according to which it can be acquired by the State or counties concerned.

(B) The Department of Transportation is directed to expend funds as necessary to conduct a study of the feasibility of imposing a toll on federal highways in the state to the extent allowed by federal law. If the department determines after the study that imposition of tolls is feasible, the department may impose tolls on federal highways in the state to the extent allowed by federal law. The funds received from the imposition of

(C) to match federal funds for highway construction./

Renumber sections to conform.

Amend title to conform.

Senator ELLIOTT explained the amendment.

Senator RYBERG objected to further consideration of the Bill.

S. 1417 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO AUTHORIZE THE YMCA YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM TO USE THE HOUSE AND SENATE CHAMBERS IN THE CAROLINA PLAZA AND AVAILABLE MEETING SPACE IN THE BLATT AND GRESSETTE OFFICE BUILDINGS ON THURSDAY, DECEMBER 5, 1996, AND FRIDAY, DECEMBER 6, 1996, IN ACCORDANCE WITH THE BUILDING POLICY OF THE RESPECTIVE BODIES TO CONDUCT A YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM, AND TO PROVIDE FOR ASSISTANCE BY APPROPRIATE HOUSE AND SENATE STAFF.

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

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.

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

S. 1168 -- Senator Martin: A BILL TO AMEND SECTION 40-57-155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTINUING EDUCATION FOR REAL ESTATE AGENTS, SO AS

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

H. 3447 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 47-3-730 AND 47-3-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRAINT OF DANGEROUS ANIMALS AND PENALTIES, SO AS TO REVISE THE REQUIREMENTS OF RESTRAINT AND AUTHORIZE THE USE OF A SECURITY BOND IN THE REGISTRATION OF DANGEROUS ANIMALS.

On motion of Senator GREG SMITH, the Bill was carried over.

On motion of Senator SHORT, at 3:50 P.M., Senator REESE was granted a leave of absence until Tuesday, May 21, 1996.

On motion of Senator DRUMMOND, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:

Having been reported favorably from Executive Session, on motion of Senator SALEEBY, with unanimous consent, the following appointment was confirmed:

Initial Appointment, Board of Financial Institutions, with term to commence June 30, 1996, and to expire June 30, 2000:

Savings & Loan:

Mr. Herbert W. Watts, President, First Federal Savings & Loan Association, Post Office Box 512, Cheraw, S.C. 29520 VICE William L. Abercrombie, Jr.

Having been reported favorably from Executive Session, on motion of Senator THOMAS, with unanimous consent, the following appointments were confirmed:

Initial Appointment, South Carolina Advisory Board for Victim Assistance, with term to commence August 1, 1994, and to expire August 1, 1999:

At-Large:

Initial Appointment, South Carolina Advisory Board for Victim Assistance, with term to commence August 1, 1992, and to expire August 1, 1997:

Sexual Assault Prevention/Treatment:

Lois J. Veronen, Ph.D., Department of Psychology, Winthrop University, Rock Hill, S.C. 29733 VICE Jan Vogelsang (resigned)

Reappointment, South Carolina Advisory Board for Victim Assistance, with term to commence August 1, 1993, and to expire August 1, 1998:

Policeman:

Chief Reuben M. Greenberg, 180 Lockwood Boulevard, Charleston, S.C. 29403

Reappointment, South Carolina Advisory Board for Victim Assistance, with term to commence September 1, 1996, and to expire September 1, 2001:

Sexual Assault Prevention/Treatment:

Dean G. Kilpatrick, Ph.D., Department of Psychiatry, Medical University of South Carolina, 171 Ashley Avenue, Charleston, S.C. 29425

Reappointments, Juvenile Parole Board, with terms to commence June 30, 1996, and to expire June 30, 2000:

1st Congressional District:

Ms. Terrye C. Seckinger, 6 Wills Way, Isle of Palms, S.C. 29451

6th Congressional District:

Reverend W. Terry Fowler, S.C. Resource Development Center, International Pentecostal Holiness Church, Post Office Box 1689, Lake City, S.C. 29560

Initial Appointment, Juvenile Parole Board, with term to commence June 30, 1994, and to expire June 30, 1998:

2nd Congressional District:

Mr. A.R. Goodwyn, III, 1418 Ivy Lane, Columbia, S.C. 29204 VICE Julie M. Dever (resigned)

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