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

Thursday, May 14, 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 Senator J. VERNE SMITH.

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 REESE, all appointments on the desk which were reported out of the Executive Session of Wednesday, May 6, 1998, and pending confirmation were carried over.

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

Statewide Appointments Carried Over

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

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

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

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

Initial Appointment, Commission on Higher Education, with term to commence July 1, 1998, and to expire July 1, 2000:
ExOfficio - 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 H. 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 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

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 carried over:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Initial Appointment, Disciplinary Panel for Massage/Bodywork, with term to commence June 30, 1997, and to expire June 30, 1999:
Therapist:
Mr. Joseph M. Norris, YMCA, 1420 Sumter Street, Columbia, S.C. 29201
Initial Appointment, Advisory Panel for Massage/Bodywork, with term to commence June 30, 1997, and to expire June 30, 2001:
Therapist:
Ms. Kathleen M. Fuller, Massage & Body Therapy, 23 Hunters Point Drive, Lugoff, S.C. 29078

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

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

Reappointment, State Board of Barber Examiners, with term to commence June 30, 1998, and to expire June 30, 2002:
Barber:
Mr. Napoleon Rogers, Post Office Box 451, Hartsville, S.C. 29551

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

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

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

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

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

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

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

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

Reappointment, Drycleaning Advisory Council, with term to commence June 30, 1998, and to expire June 30, 2000:
Dryclean Ind.:
Mr. R.E. Robinson, III, Ed Robinson Laundry & Cleaners, Inc., 2551 Forest Drive, Columbia, S.C. 29204
Having received a favorable report from the Committee on Transportation, the following appointments were taken up for consideration and carried over:

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

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

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

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

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

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 2303
Promulgated by Governor's Office Division for Review of the Foster Care of Children
Procedures for Case Review
Received by Lt. Governor May 12, 1998
Referred to Senate Committee on Judiciary
120 day review expiration date (Subject to Sine Die Revision) September 9, 1998

Document No. 2307
Promulgated by Governor's Office Division for Review of the Foster Care of Children
Notification (Repeal R. 24-35)
Received by Lt. Governor May 12, 1998
Referred to Senate Committee on Judiciary
120 day review expiration date (Subject to Sine Die Revision) September 9, 1998

Doctor of the Day

Senator J. VERNE SMITH introduced Dr. John P. Evans of Greenville, S.C., Doctor of the Day.

RECALLED

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

Senator LANDER asked unanimous consent to make a motion to recall the Bill from the Committee on Agriculture and Natural Resources.
There was no objection.

RECALLED

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

OBJECTION

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

Senator RAVENEL asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Finance.
Senator RYBERG objected.

OBJECTION

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

Senator RAVENEL asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
Senator RYBERG objected.

OBJECTION

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.

Senator SALEEBY asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
Senator RYBERG objected.

INTRODUCTION OF BILL AND RESOLUTIONS

The following were introduced:

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.
Read the first time and ordered placed on the local and uncontested Calendar without reference.

H. 5045 -- Reps. Campsen, Easterday, Young, Altman, Loftis, Simrill, Leach, Jordan, Fleming, Littlejohn, Allison, Walker, D. Smith, Davenport, Cato, Barrett, Harrison, H. Brown, Woodrum, Hamilton, Delleney, Vaughn, Robinson, Beck, Tripp, Haskins, Hawkins and Limehouse: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 32 SO AS TO ENACT THE "SOUTH CAROLINA RELIGIOUS FREEDOM RESTORATION ACT" UNDER WHICH THE STATE OF SOUTH CAROLINA AND ANY POLITICAL SUBDIVISION OF THE STATE IS PROHIBITED FROM BURDENING A PERSON'S CONSTITUTIONAL EXERCISE OF RELIGION EXCEPT UNDER CERTAIN CONDITIONS AND UNDER WHICH A PERSON WHOSE EXERCISE OF RELIGION HAS BEEN BURDENED IN VIOLATION OF THIS CHAPTER MAY ASSERT THAT VIOLATION AS A CLAIM OR DEFENSE IN A JUDICIAL PROCEEDING AND OBTAIN APPROPRIATE RELIEF AGAINST THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE.
Read the first time and referred to the Committee on Judiciary.

H. 5139 -- Reps. Howard, Cobb-Hunter, Clyburn, Cromer, Harvin, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young, Young-Brickell: A CONCURRENT RESOLUTION TO CONGRATULATE TWO-YEAR-OLD JOZI JEANAI GOODWIN, DAUGHTER OF JOSEPH GOODWIN AND THE HOUSE OF REPRESENTATIVES' OWN PAULETTE GOODWIN, ON BEING CROWNED MAY DAY QUEEN FOR FARROW HILLS DAY CARE FESTIVAL ON MAY 2, 1998.
The Concurrent Resolution was adopted, ordered returned to the House.

REPORTS OF STANDING COMMITTEES

Senator HOLLAND from the Committee on Judiciary has polled out S. 1231 favorable:
S. 1231 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-699 SO AS TO DESIGNATE THE SPOTTED SALAMANDER, AMBYSTOMA MACULATUM, AS THE OFFICIAL STATE AMPHIBIAN.

Poll of the Judiciary Committee
Ayes 13; Nays 0; Not Voting 5

AYES

Holland                   Saleeby                   McConnell
Bryan                     Wilson                    Russell
Courtney                  Cork                      Ford
Gregory                   Jackson                   Martin
Rankin

TOTAL--13

NAYS

TOTAL--0

NOT VOTING

Moore                     Glover                    Lander
Mescher                   Elliott

TOTAL--5

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
H. 4438 -- Reps. Davenport, Knotts and Limehouse: 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 INCREASE THE MEMBERSHIP OF THE COUNCIL FROM FIFTEEN TO SIXTEEN MEMBERS AND TO INCREASE THE NUMBER OF MEMBERS CONSTITUTING A QUORUM FOR THE PURPOSE OF COUNCIL MEETINGS.
Ordered for consideration tomorrow.

Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:
H. 4500 -- Rep. Boan: A BILL TO AMEND CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING, BY ADDING ARTICLE 18 SO AS TO CODIFY A PREVIOUSLY UNCODIFIED ACT ESTABLISHING THE WILLIAMSBURG
TECHNICAL, VOCATIONAL AND ADULT EDUCATION CENTER COMMISSION AND IN THE CODIFIED ACT RENAMING THE GOVERNING BOARD AS THE WILLIAMSBURG TECHNICAL COLLEGE COMMISSION AND PROVIDING THAT THE MEMBERS OF THE FORMER COMMISSION BOARD ARE DEEMED TO HAVE BEEN APPOINTED TO THE GOVERNING BOARD OF THE NEWLY CONSTITUTED COMMISSION; TO AMEND SECTIONS 59-53-210, 59-53-240, 59-53-410, 59-53-710, 59-53-910, AND 59-53-1410, ALL RELATING TO THE ESTABLISHMENT OF THE GOVERNING BODIES OF VARIOUS OF THE STATE'S TECHNICAL COLLEGES, SO AS TO CHANGE THE NAMES OF THE GOVERNING BODIES TO REFLECT THE REVISED NAMES OF THE INSTITUTIONS ADMINISTERED BY THESE BOARDS AND TO DELETE OBSOLETE PROVISIONS AND MAKE GRAMMATICAL CHANGES, AND TO REPEAL ACT 58 OF 1969, RELATING TO THE ESTABLISHMENT OF THE WILLIAMSBURG TECHNICAL, VOCATIONAL AND ADULT EDUCATION CENTER COMMISSION.
Ordered for consideration tomorrow.

Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:
H. 4535 -- Ways and Means Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 149 SO AS TO ESTABLISH LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS UNDER WHICH THE STATE OF SOUTH CAROLINA SHALL PROVIDE SCHOLARSHIPS TO COVER THE COST OF ATTENDANCE UP TO SPECIFIED LIMITS TO ELIGIBLE RESIDENT STUDENTS ATTENDING ACCREDITED PUBLIC OR INDEPENDENT TWO-YEAR AND FOUR-YEAR INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND TECHNICAL COLLEGES.
Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:
H. 4566 -- Reps. Klauber and Scott: A BILL TO AMEND SECTION 31-3-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF SURPLUS REAL PROPERTY UNDER THE HOUSING AUTHORITIES LAW, SO AS TO ADD LANGUAGE PROVIDING THAT AN AUTHORITY'S REAL ESTATE SHALL NOT BE CONSIDERED "SURPLUS TO ITS NEEDS" WHERE THE AUTHORITY'S COMMISSIONERS HAVE MADE CERTAIN DETERMINATIONS REGARDING THE REAL ESTATE, EVEN THOUGH THE REAL ESTATE IS NO LONGER NEEDED FOR ITS ORIGINAL PURPOSE.
Ordered for consideration tomorrow.

Senator SETZLER from the Committee on Education submitted a favorable report on:
H. 4587 -- Reps. Bauer, Barfield, Witherspoon, Bowers, Altman, Seithel, Lanford, Easterday, Bailey, Leach, J. Smith, Meacham, Sandifer, Littlejohn, Simrill, Mullen, Knotts, Fleming, Klauber, Walker, Kelley, Koon, Stoddard, Stille, Beck, R. Smith, Harrell, Chellis, Clyburn, Barrett, Rhoad, Young-Brickell, Allison, Hamilton, Campsen, Kinon, Whatley, D. Smith, Gamble, Rodgers, McLeod, Tripp, Davenport, Jordan, Vaughn, Keegan, J. Brown, Cato, Baxley, Maddox, Jennings, Neilson, Limehouse and A. Harris: A BILL TO AMEND SECTION 59-29-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STUDY OF THE UNITED STATES CONSTITUTION, THE DECLARATION OF INDEPENDENCE, AND THE FEDERALIST PAPERS AS A REQUISITE FOR HIGH SCHOOL GRADUATION, SO AS TO PROVIDE THAT ON VETERAN'S DAY OF EACH YEAR OR ON ANOTHER SPECIFIED DAY IF SCHOOLS ARE CLOSED ON VETERAN'S DAY, ALL ELEMENTARY, MIDDLE, AND HIGH SCHOOLS IN THIS STATE SHALL DEVOTE THE ENTIRE SCHOOL DAY TO A STUDY OF THE UNITED STATES CONSTITUTION AND THE DECLARATION OF INDEPENDENCE.
Ordered for consideration tomorrow.

Senator LAND from the Committee on Transportation polled out H. 4642 favorable:
H. 4642 -- Rep. Townsend: A BILL TO AMEND ACT 258 OF 1998, RELATING GENERALLY TO THE ISSUANCE, SUSPENSION, REVOCATION, AND RENEWAL OF A BEGINNER'S PERMIT, SPECIAL RESTRICTED DRIVER'S LICENSE, PROVISIONAL DRIVER'S LICENSE, AND REGULAR DRIVER'S LICENSE, THE EFFECT OF CERTAIN CONVICTIONS ON A PERSON'S DRIVING RECORD, ISSUANCE OF CERTIFICATES FOR COMPLETING A DRIVER TRAINING COURSE, EXCEPTIONS FROM THE DRIVER'S LICENSING REQUIREMENT, THE TESTING OF THE BAC DATAMASTER, THE ISSUANCE OF LAW ENFORCEMENT OFFICER CERTIFICATES, AND THE OPERATION OF COMMERCIAL MOTOR VEHICLES, SO AS TO PROVIDE THAT A PERSON WHO IS A HOLDER OF A SPECIAL RESTRICTED DRIVER'S LICENSE MAY OBTAIN A REGULAR DRIVER'S LICENSE BEFORE THE AGE OF SEVENTEEN UNDER CERTAIN CIRCUMSTANCES.

Poll of the Transportation Committee
Ayes 12; Nays 0; Not Voting 6

AYES

Land                      Leatherman                Leventis
Wilson                    Patterson                 O'Dell
Elliott                   Rankin                    Alexander
Hutto                     Ravenel                   Passailaigue

TOTAL--12

NAYS

TOTAL--0

NOT VOTING

McGill                    Ryberg                    Short
Fair                      Anderson                  Branton

TOTAL--6

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:
H. 4737 -- Reps. Bailey and Walker: A BILL TO AMEND SECTION 40-57-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL ESTATE BROKERS, SALESMEN, AND PROPERTY MANAGERS AND THE EDUCATIONAL REQUIREMENTS WHICH ARE CONDITIONAL TO AN APPLICATION FOR LICENSURE, SO AS TO PROVIDE THAT FOR A SALESMAN'S LICENSE THE APPLICANT FOR LICENSURE MUST COMPLETE SIXTY, RATHER THAN THIRTY, HOURS OF CLASSROOM INSTRUCTION IN FUNDAMENTALS OF REAL ESTATE PRINCIPLES AND PRACTICES ON EVIDENCE, AND TO PROVIDE THAT FOR A BROKER'S LICENSE, THE APPLICANT FOR LICENSURE MUST COMPLETE ONE HUNDRED FIFTY, RATHER THAN ONE HUNDRED TWENTY, HOURS OF CERTAIN CLASSROOM INSTRUCTION, NINETY, RATHER THAN SIXTY, HOURS OF WHICH MAY BE THE HOURS REQUIRED FOR A SALESMAN'S LICENSE.
Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:
H. 4842 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF FUNERAL SERVICE, RELATING TO CONTINUING EDUCATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2271, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.

Senator SETZLER from the Committee on Education submitted a favorable report on:
H. 4865 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO EVALUATION OF TEACHERS EMPLOYED UNDER PROVISIONAL CONTRACTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2224, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.

Senator LAND from the Committee on Transportation polled out H. 4882 favorable:
H. 4882 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, PILOTAGE COMMISSION, PORT OF PORT ROYAL, RELATING TO PORT OF PORT ROYAL, APPRENTICE TRAINING AND QUALIFICATION, SHORT BRANCH QUALIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2278, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Poll of the Transportation Committee
Ayes 12; Nays 0; Not Voting 6

AYES

Land                      Leatherman                Leventis
Wilson                    Patterson                 O'Dell
Elliott                   Rankin                    Alexander
Hutto                     Ravenel                   Passailaigue

TOTAL--12

NAYS

TOTAL--0

NOT VOTING

McGill                    Ryberg                    Short
Fair                      Anderson                  Branton

TOTAL--6

Ordered for consideration tomorrow.

Senator LAND from the Committee on Transportation polled out H. 4922 favorable:
H. 4922 -- Reps. Harrison, Jennings, Altman, Knotts, McMaster and Maddox: A BILL TO AMEND SECTION 56-5-2780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY ASSOCIATED WITH UNLAWFULLY PASSING A STOPPED SCHOOL BUS, SO AS TO REVISE THE PENALTY FOR A FIRST OFFENSE.

Poll of the Transportation Committee
Ayes 12; Nays 0; Not Voting 6

AYES

Land                      Leatherman                Leventis
Wilson                    Patterson                 O'Dell
Elliott                   Rankin                    Alexander
Hutto                     Ravenel                   Passailaigue

TOTAL--12

NAYS

TOTAL--0

NOT VOTING

McGill                    Ryberg                    Short
Fair                      Anderson                  Branton

TOTAL--6

Ordered for consideration tomorrow.

Statement by Senator BRANTON

On the polling of Bills -- H. 4642, H. 4882, and H. 4922 -- out of committee, the Rules of the Senate require that a majority of the entire membership of the committee affirmatively vote to poll a Bill out and in the matter of the poll of these three Bills, because of the shortness of time, the staff, after having obtained the signature of the requisite number of members of the committee did not contact any other members of the committee and, therefore, I was shown as "not voting" when, in fact, I had not been contacted.

Senator SETZLER from the Committee on Education submitted a favorable report on:
H. 4994 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO FREE TEXTBOOKS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2264, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.

Senator SETZLER from the Committee on Education submitted a favorable report on:
H. 4995 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO REQUIREMENTS FOR TRADE AND INDUSTRIAL CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2279, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.

Senator SETZLER from the Committee on Education submitted a favorable report on:
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.
Ordered for consideration tomorrow.

Senator SETZLER from the Committee on Education submitted a favorable report on:
H. 5084 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DRIVER TRAINING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2263, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.

Senator SETZLER from the Committee on Education submitted a favorable report on:
H. 5085 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2226, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.

RETURNED FROM THE HOUSE WITH AMENDMENTS
AMENDMENT PROPOSED, CARRIED OVER

S. 310 -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 71, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, SO AS TO ENACT THE SOUTH CAROLINA PATIENTS' INSURANCE AND BENEFITS PROTECTION ACT WHICH DEFINES CERTAIN HEALTH CARE PLANS AND OTHER TERMS; SPECIFIES CERTAIN HEALTH INSURANCE COVERAGE OPTIONS WHEN THE INSURED OR MEMBER IS EMPLOYED BY AN EMPLOYER THAT HAS MORE THAN FIFTY ELIGIBLE EMPLOYEES; AND PROVIDES CERTAIN EXCLUSIONS FROM THE APPLICATION OF THE PROVISIONS OF THIS ARTICLE.
The House returned the Bill with amendments.

Amendment No. 1

Senator McCONNELL proposed the following Amendment No. 1 (B&I\310I001), which was carried over:
Amend the bill, as and if amended, page 4, line 29, by striking the following:
/This section does not apply to employers who employ more than fifty eligible employees, who offer as major medical, hospitalization, and surgical health insurance coverage an open panel health plan or a point-of-service option./
Amend title to conform.

Senator McCONNELL explained the amendment.

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

RETURNED FROM THE HOUSE WITH AMENDMENTS
AMENDMENT PROPOSED, CARRIED OVER

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.

Amendment No. 1

Senator CORK proposed the following Amendment No. 1 (992R001.HAC), which was carried over:
Amend the bill, as and if amended, page [992-7], line 28, before the word / school /, by adding:
/   public   /.
Amend the bill further, as and if amended, page [992-7], line 29, before the word / school /, by adding:
/   public   /.
Amend title to conform.

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

NONCONCURRENCE

H. 4700--GENERAL APPROPRIATION BILL

The House returned the Bill with amendments.

On motion of Senator DRUMMOND, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

H. 4700--CONFERENCE COMMITTEE APPOINTED
Message from the House

Columbia, S.C., May 14, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 4700 -- Ways and Means Committee: THE GENERAL APPROPRIATION BILL. (Abbreviated Title)
asks for a Committee of Conference, and has appointed Reps. H. Brown, Boan and Young-Brickell of the committee on the part of the House.

Very respectfully,
Speaker of the House

Whereupon, the PRESIDENT Pro Tempore appointed Senators McCONNELL, LAND and DRUMMOND of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

NONCONCURRENCE

H. 4702 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1997-98.
The House returned the Joint Resolution with amendments.

On motion of Senator DRUMMOND, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

H. 4702--CONFERENCE COMMITTEE APPOINTED
Message from the House

Columbia, S.C., May 14, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 4702 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1997-98.
asks for a Committee of Conference, and has appointed Reps. H. Brown, Boan and Young-Brickell of the committee on the part of the House.

Very respectfully,
Speaker of the House

Whereupon, the PRESIDENT Pro Tempore appointed Senators McCONNELL, LAND and DRUMMOND of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

CONCURRENCE

S. 593 -- Senators Ravenel, Passailaigue, Rose, McConnell and Hayes: A BILL TO AMEND TITLE 45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LODGING FACILITIES, BY ADDING CHAPTER 4, SO AS TO ENACT THE "SOUTH CAROLINA BED AND BREAKFAST ACT", WHICH PROVIDES DEFINITIONS AND REGULATIONS PERTAINING TO BED AND BREAKFAST ESTABLISHMENTS IN SOUTH CAROLINA.
The House returned the Bill with amendments.

On motion of Senator RAVENEL, 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.

HOUSE CONCURRENCE

S. 1065 -- Senators McConnell, Branton, Ravenel, Mescher, Ford, Grooms and Passailaigue: A CONCURRENT RESOLUTION TO APPROVE THE CHARLESTON MUSEUM AS THE SITE FOR PERMANENT DISPLAY AND EXHIBITION OF THE H.L. HUNLEY.
Returned with concurrence.
Received as information.

HOUSE CONCURRENCE

S. 1216 -- Senators J. Verne Smith, Peeler, Leatherman, Cork and Ryberg: A CONCURRENT RESOLUTION TO APPROVE THE PROPOSAL FOR THE AFRICAN-AMERICAN HISTORY MONUMENT, SUBJECT TO FURTHER APPROVAL OF CERTAIN DETAILS, BY THE STATE HOUSE COMMITTEE.
Returned with concurrence.
Received as information.

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

ORDERED ENROLLED FOR RATIFICATION

The following Bills 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. 4912 -- Reps. Baxley, Neilson and J. Hines: A BILL TO AMEND ACT 1797 OF 1972, RELATING TO THE HARTSVILLE PARKING, BEAUTIFICATION AND BUSINESS IMPROVEMENT DISTRICT IN DARLINGTON COUNTY, SO AS TO EXPAND THE AREA OF THE DISTRICT.
(By prior motion of Senator SALEEBY)

H. 5103 -- Reps. Miller and T. Brown: A BILL TO AMEND ACT 515 OF 1996, RELATING TO THE DEVOLUTION OF THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF THAT COUNTY, SO AS TO RESTORE THOSE DEVOLVED POWERS TO THE DELEGATION FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS.
(By prior motion of Senator McGILL)

H. 4507 -- Rep. Davenport: A BILL TO AMEND CHAPTER 11, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF CONTRACTORS AS A PROFESSION, BY ADDING SECTION 40-11-165 SO AS TO REQUIRE A PERSON WHO IS OR HAS BEEN LICENSED UNDER CHAPTER 40 WHO LEAVES SOUTH CAROLINA WITH UNPAID DEBTS AND SUBSEQUENTLY RETURNS TO THE STATE SEEKING TO BECOME LICENSED IN THIS STATE AGAIN OR TO DO BUSINESS AGAIN IN SOUTH CAROLINA UNDER THE AUTHORITY OF A STILL-VALID LICENSE TO FILE A STATEMENT LISTING CERTAIN OUTSTANDING DEBTS AND BANKRUPTCIES.

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

Senator LEATHERMAN explained the Bill.

H. 4787 -- Reps. Klauber, McLeod, J. Smith, McAbee, Harrison, Hawkins and Kinon: A BILL TO AMEND CHAPTER 17, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NATIONAL GUARD MUSEUM AND STATE WEAPONS COLLECTION SO AS TO CHANGE ITS NAME TO THE SOUTH CAROLINA MILITARY MUSEUM, RENAME AND REVISE ITS GOVERNING BOARD, AND MAKE OTHER REQUIRED CONFORMING AMENDMENTS.

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

HOUSE BILLS RETURNED

The following House Bills were read the third time and ordered returned to the House with amendments:

H. 4569 -- Reps. Cato and Gamble: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-58-67 SO AS TO REQUIRE ANNUAL CONTINUING PROFESSIONAL EDUCATION FOR LICENSED MORTGAGE LOAN BROKERS AND ORIGINATORS; TO AMEND SECTIONS 40-58-10, 40-58-20, 40-58-30, 40-58-50, 40-58-55, 40-58-60, 40-58-65, 40-58-80, AND 40-58-110, ALL AS AMENDED, RELATING TO REGULATION OF MORTGAGE LOAN BROKERS, SO AS TO REQUIRE LICENSING RATHER THAN REGISTRATION OF MORTGAGE LOAN BROKERS, TO REQUIRE TWO YEARS' EXPERIENCE WORKING AS AN ORIGINATOR BEFORE INITIAL LICENSING AND TO PROVIDE EXCEPTIONS, TO DEFINE "ORIGINATOR"; TO ALLOW BROKERS PROPERLY REGISTERED BEFORE OCTOBER 1, 1998, TO CONTINUE TO ACT AS MORTGAGE LOAN BROKERS WITHOUT REGARD TO EXPERIENCE OR EDUCATION REQUIREMENTS ADDED BY THIS ACT, TO AUTHORIZE THE SUSPENSION OF A LICENSE FOR VIOLATIONS, AND TO INCREASE THE INITIAL APPLICATION FEE AND ANNUAL RENEWAL FEE FROM FIVE TO SIX HUNDRED DOLLARS AND IMPOSE A TWENTY-FIVE DOLLAR ADDITIONAL ANNUAL RENEWAL FEE FOR EACH ORIGINATOR.

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.

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

Senator COURTNEY explained the Bill.

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.

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

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

AMENDED, READ THE SECOND TIME

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

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

The Committee on Judiciary proposed the following amendment (JUD1098.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION   1.   Section 20-7-2725(A)(4) of the 1976 Code, as added by Act 444 of 1996, is amended to read:
"(4)   the offenses enumerated in Section 16-1-10(A), except that this prohibition shall not apply to Section 56-5-2930, the Class F felony of driving under the influence pursuant to Section 56-5-2940(4) if the conviction occurred at least ten years prior to the application for employment;"
SECTION   2.   This act takes effect upon approval of the Governor./
Amend title to conform.

Senator COURTNEY explained the committee amendment.

The amendment was adopted.

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

AMENDED, READ THE SECOND TIME

S. 1214 -- Senator Holland: A BILL TO AMEND ARTICLE 11, CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA PUBLIC SAFETY COORDINATING COUNCIL, SO AS TO CREATE THE SOUTH CAROLINA LAW ENFORCEMENT COORDINATING COUNCIL; BY AMENDING SECTION 23-6-510, SO AS TO ESTABLISH MEMBERSHIP ON THE COUNCIL; BY AMENDING SECTION 23-6-520, SO AS TO PROVIDE FOR THE SELECTION OF OFFICERS FOR THE COUNCIL; BY AMENDING SECTION 23-6-530, SO AS TO PROVIDE FOR MEETING PROCEDURES; AND BY ADDING SECTION 23-6-540, SO AS TO SPECIFY THE POWERS AND DUTIES OF THE COUNCIL.

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

The Committee on Judiciary proposed the following amendment (JUD1214.001), which was adopted:
Amend the bill, as and if amended, page 2, line 32, in Section 23-6-510(8), as contained in SECTION 1, by striking /a victim representative/ and inserting / a victim representative two victim representatives /.
Amend title to conform.

Senator COURTNEY explained the committee amendment.

The amendment was adopted.

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

S. 1214--Ordered to a Third Reading

On motion of Senator HOLLAND, with unanimous consent, S. 1214 was ordered to receive a third reading on Friday, May 15, 1998.

CARRIED OVER

The following Bills were carried over:

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

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

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment (4526I001.EES) proposed by Senator SETZLER and previously printed in the Journal of May 13, 1998.

Senator SALEEBY explained the amendment.
Senators HAYES and ELLIOTT spoke on the amendment.

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

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

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

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

DEBATE INTERRUPTED

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.

Senator PASSAILAIGUE continued speaking on the Joint Resolution.

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

STATEWIDE APPOINTMENT
Confirmation

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

Reappointment (Second Term), Myrtle Beach Air Force Base Redevelopment Authority, with term to commence July 1, 1998, and to expire June 30, 2002:
City of Myrtle Beach:
Robert H. Reed, 715 Antigua Drive, Myrtle Beach, S.C. 29572

Time Fixed

Senator DRUMMOND moved that, when the Senate adjourns on Friday, May 15, 1998, it stand adjourned to meet next Tuesday, May 19, 1998, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 12:23 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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