| Printed Page 1980, Apr. 25 | Printed Page 2000, Apr. 26 |

S. 688 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-13-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME FISH BREEDERS, SO AS TO PROVIDE THAT LICENSED INDIVIDUALS MAY SELL, OFFER FOR SALE, AND TRANSPORT CERTAIN CULTURED GAME FISH TO STOCK OR RESTOCK CULTURED GAME FISH THAT EXCEEDS FOUR INCHES IN OVERALL LENGTH, TO PROVIDE A DEFINITION FOR CULTURED GAME FISH, AND TO MAKE OTHER GRAMMATICAL AND TECHNICAL CHANGES.

H. 3526 -- Reps. Jaskwhich, Herdklotz, Vaughn, Tripp, Cato, Easterday and Haskins: A BILL TO AMEND SECTION 50-11-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO INCLUDE ROLLING GREEN RETIREMENT COMMUNITY IN GREENVILLE COUNTY.

S. 230 -- Senators Richter, Leventis, Rose, Rankin and Passailaigue: A BILL TO AMEND SECTION 24-21-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVIEW OF A PRISONER'S CASE FOR PAROLE, SO AS TO PROVIDE THAT AFTER A SECOND NEGATIVE DETERMINATION, THE PRISONER'S CASE SUBSEQUENTLY SHALL BE REVIEWED AT DATES DETERMINED BY THE BOARD, WHICH MAY BE MORE THAN TWELVE MONTHS AFTER A PREVIOUS NEGATIVE DETERMINATION.

The Corrections and Penology Committee proposed the following amendment (DKA\3935CM.95), which was adopted:

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

/SECTION 1. Section 24-21-620 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 24-21-620. Within the ninety-day period preceding a prisoner having served one-fourth of his sentence, the board, either acting in a three- member panel or meeting as a full board, shall review the case, regardless of whether or not any an application has been made therefor, for the purpose of determining to determine whether or not such a prisoner is entitled to any of the benefits a benefit provided for in this chapter; provided, that in cases of prisoners in confinement due to convictions. If a prisoner is confined for a nonviolent crimes crime conviction, an administrative hearing officer may be appointed by the director to review the case who must submit to the full board written findings of fact and recommendations which shall must be the basis for a determination by the board. Upon an affirmative determination, the prisoner must be granted a provisional parole or parole. Upon a negative determination, the prisoner's case shall must be reviewed every after twelve months thereafter for the purpose of such this determination. After a second negative determination, the prisoner's case subsequently must be reviewed at dates determined by the board, which must not be less than twelve months, but not more than thirty-six months after a previous negative determination."

SECTION 2. Section 24-21-645 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 24-21-645. The board may issue an order authorizing the parole which must be signed either by a majority of its members or by all three members meeting as a parole panel on the case ninety days prior to before the effective date of the parole; provided, that. However, at least two-thirds of the members of the board must authorize and sign orders authorizing parole for persons convicted of a violent crime as defined in Section 16-1-60. A provisional parole order shall include the terms and conditions, if any, to be met by the prisoner during the provisional period and terms and conditions, if any, to be met upon parole. Upon satisfactory completion of the provisional period, the director or one

SECTION 3. This act takes effect upon approval by the Governor and applies to all crimes committed after July 1, 1995./

Amend title to conform.

Senator BRYAN explained the amendment.

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

S. 409 -- Senators McConnell, Drummond, Passailaigue and Mescher: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT BY ADDING CHAPTER 22 SO AS TO PROVIDE FOR CERTAIN KAYAKING AND CANOEING LIABILITY IMMUNITY WHEREBY A KAYAKING OR CANOEING ACTIVITY SPONSOR OR A KAYAKING OR CANOEING PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT RESULTING FROM AN INHERENT RISK OF KAYAKING OR CANOEING ACTIVITY ABSENT SPECIFIED FACTORS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

The Committee on Fish, Game and Forestry proposed the following amendment (PFM\7359BDW.95), which was adopted:

Amend the bill, as and if amended, Section 50-22-30(C), page 4, line 25, after /chapter/ by inserting /, unless the sponsor or professional meets the requirements of Section 50-22-40./ so that when amended the subsection reads:

Amend further, Chapter 22, page 4, after line 25, by inserting:

/Section 50-22-40. The requirements concerning warning signs and notices provided in Section 50-22-30 do not apply if the kayaking or canoeing activity sponsor or professional requires participants to sign a form releasing the sponsor or professional from liability for an injury to or death of a participant resulting from an inherent risk of kayaking or canoeing activity./

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

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

S. 708 -- Senators Alexander and Martin: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PROVIDE SUFFICIENT FUNDING OVER A FIVE-YEAR PERIOD FOR THE STATE OF SOUTH CAROLINA TO TAKE OVER THE OWNERSHIP AND OPERATION OF THE WALHALLA NATIONAL FISH HATCHERY IN OCONEE COUNTY WHICH THE UNITED STATES FISH AND WILDLIFE SERVICE OF THE DEPARTMENT OF INTERIOR IS SCHEDULED TO CLOSE IN NOVEMBER, 1995, OR IN THE ALTERNATIVE, CONGRESS IS REQUESTED TO CONTINUE TO PROVIDE SUFFICIENT FEDERAL FUNDING TO KEEP OPEN AND OPERATE THIS UNIQUE RESOURCE.

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

S. 696 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 142 SO AS TO ESTABLISH THE SOUTH CAROLINA NEED-BASED GRANT PROGRAM WHERE QUALIFYING UNDERGRADUATE STUDENTS IN A PUBLIC OR INDEPENDENT INSTITUTION OF HIGHER LEARNING IN THE STATE OF SOUTH CAROLINA MAY RECEIVE STATE GRANTS

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

At 1:01 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

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

Beloved, hear the words of the Epilogue of the Book of Ecclesiastes, Chapter 12 (v.13):

"The end of the matter; all has been

heard. Fear God, and keep His commandments;

for that is the whole duty of everyone."
Let us pray.

O God, Most Holy, we are so often in the habit of speaking about values in life on a relative basis.

Help us to be aware that we should not forsake the absolutes of moral values.

In a world where we are in the habit of looking out horizontally toward our fellow human beings, help us to look perpendicularly for a moment, and assess our responsibility to our Maker.

In a world where we hear so much wild talk about freedom and rights, let us not forget such words as duty, and obligation, and responsibility.

Then turn us loose in Your world, seeing our duties as clearly as our rights and privileges.

Amen!

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

Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator GIESE moved that a call of the Senate be made. The following Senators answered the call:

Alexander         Bryan            Cork

Courson           Courtney         Drummond

Elliott           Ford             Giese



Printed Page 1996 . . . . . Wednesday, April 26,
1995

Glover            Gregory          Hayes

Holland           Jackson          Land

Lander            Leatherman       Leventis

Martin            Matthews         McConnell

McGill            Mescher          Moore

O'Dell            Passailaigue     Patterson

Peeler            Rankin           Reese

Richter           Rose             Russell

Ryberg            Saleeby          Setzler

Short             Smith, G.        Smith, J.V.

Stilwell          Thomas           Waldrep

Washington        Williams         Wilson

A quorum being present, the Senate resumed.

Senator COURSON from the Committee on Invitations stated that, pursuant to the provisions of Rule 36, three-fourths of the membership of the Invitations Committee have voted affirmatively and submitted a favorable report on:

Senator DRUMMOND's written request that on Wednesday, May 17, 1995, Philip H. Prince, President of Clemson University, be granted the Privilege of the Chamber, to that area behind the rail, and that he be granted the Privilege of the Floor for the purpose of receiving a Resolution.

The report was adopted without objection.

S. 654 -- Senator Greg Smith: A BILL TO AMEND CHAPTER 5, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT A PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX COLLECTIONS IN EXCESS OF SIX MILLION DOLLARS AND HAS PASSED A REFERENDUM AUTHORIZING THE ISSUANCE OF PERMITS PURSUANT TO SECTION 61-5-180.

There was no objection.

On motion of Senator GREG SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3741 -- Rep. Tripp: A BILL TO AMEND SECTION 29-5-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS' LIENS, THE LIEN OF A LABORER, MECHANIC, SUBCONTRACTOR, OR MATERIALMAN, LIMITS ON AGGREGATE AMOUNT OF LIENS FILED BY A SUB-SUBCONTRACTOR OR SUPPLIER, AND SETTLEMENT OF AN ACTION TO ENFORCE A LIEN, SO AS TO DELETE REFERENCE TO "NOTICE OF INTENT TO LIEN" AND SUBSTITUTE THEREFOR "NOTICE OF FURNISHING LABOR OR MATERIALS"; TO PROVIDE THAT "NOTICE OF INTENT TO LIEN" IS REPLACED BY "NOTICE OF FURNISHING LABOR OR MATERIALS" AND AUTHORIZE AND DIRECT THE CODE COMMISSIONER TO MAKE THIS CHANGE WHEREVER NECESSARY IN THE STATUTORY LAWS OF THIS STATE; AND TO AMEND SECTION 29-5-23, RELATING TO MECHANICS' LIENS, NOTICE OF PROJECT COMMENCEMENT, AND LOCATION NOTICE, SO AS TO PROVIDE THAT THE ENTIRE NOTICE OF PROJECT COMMENCEMENT MUST BE POSTED AT THE JOB SITE AND THAT THE FAILURE TO POST A NOTICE OF PROJECT COMMENCEMENT AT THE JOB SITE SHALL RENDER CERTAIN PROVISIONS INAPPLICABLE.

Senator J. VERNE SMITH asked unanimous consent to make a motion to recall the Bill from the Committee on Labor, Commerce and Industry.

There was no objection.

On motion of Senator J. VERNE SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

The following were introduced:

S. 783 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-3-460 SO

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

S. 784 -- Senator Bryan: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE QUALIFICATIONS FOR THE CHIEF JUSTICE AND ASSOCIATE JUSTICES OF THE SUPREME COURT, JUDGES OF THE COURT OF APPEALS, AND JUDGES OF THE CIRCUIT COURT, SO AS TO ADD A QUALIFICATION THAT PERSONS MUST BE FOUND QUALIFIED FOR SUCH OFFICE BY THE JOINT LEGISLATIVE COMMITTEE CHARGED BY LAW TO SCREEN CANDIDATES FOR JUDICIAL OFFICE.

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

S. 785 -- Senator Bryan: A BILL TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION, MEMBERSHIP, MEETINGS, AND OFFICERS OF THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO INCREASE THE MEMBERSHIP OF THE JOINT COMMITTEE FOR THE PURPOSE OF SCREENING JUDICIAL CANDIDATES; AND TO AMEND SECTION 20-7-1370, RELATING TO THE QUALIFICATIONS OF FAMILY COURT JUDGES, SO AS TO PROVIDE THAT CANDIDATES FOR THE FAMILY COURT MUST HAVE BEEN FOUND QUALIFIED BY THE JOINT LEGISLATIVE COMMITTEE CHARGED BY LAW TO SCREEN JUDICIAL CANDIDATES.

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

S. 786 -- Senators Hayes, Peeler, Short and Gregory: A BILL TO AMEND ACT 959 OF 1954, AS AMENDED, RELATING TO THE CREATION OF THE YORK COUNTY NATURAL GAS AUTHORITY, SO AS TO EXPAND THE SERVICE AREA TO A PORTION OF CHEROKEE COUNTY; TO INCREASE THE BOARD OF DIRECTORS

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

S. 787 -- Senators Rose, Alexander, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO EXPRESS TO THE PEOPLE OF OUR SISTER STATE OF OKLAHOMA THE HEARTFELT SYMPATHY OF THE PEOPLE OF SOUTH CAROLINA OVER THE TRAGIC LOSS OF LIFE AND TO OFFER OUR PRAYERS AND CONDOLENCES.

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

S. 788 -- Senators Jackson, O'Dell, Patterson, Waldrep, Russell, McConnell, Drummond, Land, Ryberg and Matthews: A BILL TO AMEND ARTICLE 1, CHAPTER 25, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-25-30 SO AS

Read the first time and on motion of Senator JACKSON, with unanimous consent, ordered placed on the Calendar without reference.

| Printed Page 1980, Apr. 25 | Printed Page 2000, Apr. 26 |

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