Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, in honor of President's Day, and on or about the Birthday of President George Washington, each year, because of its basic relevance, and timeliness in every period of our national life, we have prayed his Prayer for the United States of America.
Let us pray... Washington's prayer:

"Almighty God: we make our earnest prayer that Thou wilt keep the United States in Thy holy protection; that Thou wilt incline the hearts of the citizens to cultivate a spirit of subordination and obedience to government, and entertain a brotherly affection and love for one another and for their fellow citizens of the United States at large. And, finally, that Thou wilt most graciously be pleased to dispose us all to do justice, to love mercy, and demean ourselves with that charity, humility and pacific temper of mind which were the characteristics of the Divine Author of our blessed religion, without a humble imitation of Whose example in these things we can never hope to be a happy nation. Grant our supplications, we beseech Thee, through Jesus Christ, our Lord. Amen."

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

February 10, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Reappointment, South Carolina State Housing Finance and Development Authority, with term to commence August 15, 1994, and to expire August 15, 1998:

Chairman/At-Large:

Mrs. Rebecca K. Swindell, P.O. Box 955, Bamberg, S.C. 29003

Referred to the Committee on Labor, Commerce and Industry.

Senator DRUMMOND introduced Dr. Stanley C. Baker, Jr. of Greenwood, S.C., Doctor of the Day.

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 MARTIN'S written request that on Thursday, March 2, 1995, the Gettys Middle School Cheerleaders be granted the Privilege of the Chamber, to that area behind the rail.

In compliance with Senate Rule 36, up to 13 persons will be behind the rail in the Senate Chamber and the remainder will be recognized from the balcony.

The report was adopted without objection.

Senator WILSON asked unanimous consent to make a motion that the Senate go into Executive Session prior to adjournment.

There was no objection.

The following were introduced:

S. 540 -- Senators Glover and Ford: A BILL TO AMEND CHAPTER 33, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-33-116 SO AS TO PROVIDE THAT BEGINNING NO LATER THAN AGE SIXTEEN, SPECIAL EDUCATION STUDENTS WHO GRADUATE FROM HIGH SCHOOL BY DIPLOMA, ATTENDANCE CERTIFICATE, OR WHO OTHERWISE EXIT THE PUBLIC SCHOOL SYSTEM AFTER ENTERING HIGH SCHOOL MUST BE PROVIDED AN INDIVIDUAL TRANSITION PLAN, OUTLINING TRANSITION SERVICES, WHICH SHALL ASSURE THAT THESE STUDENTS HAVE ADEQUATE INFORMATION, ACCESS TO ADULT SERVICE AGENCIES, AND A STATEMENT OF THE INTERAGENCY RESPONSIBILITIES OR LINKAGES WHICH CAN PROVIDE APPROPRIATE ASSISTIVE TECHNOLOGY DEVICES AND SERVICES TO THEM AFTER THEY EXIT THE PUBLIC SCHOOL SYSTEM.

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

S. 541 -- Senators Glover and Ford: A BILL TO AMEND CHAPTER 26, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-45 SO AS TO PROVIDE THAT A MINIMUM OF ONE CREDIT HOUR IN ASSISTIVE TECHNOLOGY TRAINING MUST BE INCLUDED IN THE RECERTIFICATION REQUIREMENTS FOR SPECIAL EDUCATION TEACHERS AND ADMINISTRATORS.

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

S. 542 -- Senators McConnell and Passailaigue: A BILL TO RELOCATE THE FOLLY BEACH PUBLIC OYSTER GROUND.

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 543 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-22 SO AS TO REQUIRE THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES TO PREPARE A FAMILY IMPACT STATEMENT ON BILLS AND RESOLUTIONS THAT MAY HAVE A SIGNIFICANT IMPACT ON THE FAMILY AND TO REQUIRE STATE AGENCIES TO PREPARE A FAMILY IMPACT STATEMENT ON AGENCY POLICIES AND ON REGULATIONS AND TO REQUIRE THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES TO REPORT TO THE GOVERNOR AND TO THE GENERAL ASSEMBLY RECOMMENDATIONS TO STRENGTHEN THE INSTITUTIONS OF MARRIAGE AND THE FAMILY IN THIS STATE.

Read the first time and referred to the General Committee.

S. 544 -- Senators Lander, Setzler, Matthews and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 54 TO TITLE 39 SO AS TO ENACT THE "ASSISTIVE TECHNOLOGY WARRANTY ACT"; TO DEFINE TERMS; TO PROVIDE FOR EXPRESS WARRANTIES; TO PROVIDE FOR THE DURATION OF THE WARRANTIES; TO PROVIDE FOR REPAIR OF NONCONFORMITIES; TO PROVIDE FOR RETURN AND REPLACEMENT OF ASSISTIVE TECHNOLOGY DEVICES; TO PROVIDE FOR PROCEDURES FOR RETURN OF NONCONFORMING ASSISTIVE TECHNOLOGY DEVICES; TO PROVIDE FOR CALCULATION OF REFUNDS OWING TO CONSUMERS AND SECURITY INTEREST HOLDERS; TO PROVIDE PROCEDURES AND REQUIREMENTS FOR TRANSFERRING REAL AND LEGAL POSSESSION OF A NONCONFORMING ASSISTIVE TECHNOLOGY DEVICE FROM THE CONSUMER TO THE MANUFACTURER; TO PROHIBIT RESALE OF RETURNED NONCONFORMING ASSISTIVE TECHNOLOGY DEVICES WITHOUT FULL DISCLOSURE; TO PROVIDE FOR THE RETURN OR REPLACEMENT OF ASSISTIVE TECHNOLOGY DEVICES RECOMMENDED BY THE ASSISTIVE TECHNOLOGY DEVICE MANUFACTURER OR DEALER IF THE DEVICE DOES NOT MEET THE NEEDS OF THE PERSON WITH A DISABILITY; TO PROVIDE THAT THIS CHAPTER DOES NOT LIMIT ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO THE CONSUMER; TO PROVIDE THAT ANY WAIVER OF A CONSUMER'S RIGHTS UNDER THIS CHAPTER IS VOID; TO AUTHORIZE CONSUMER ACTIONS FOR DAMAGES, FEES, COSTS, AND EQUITABLE RELIEF.

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

S. 545 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-5-315 SO AS TO PROVIDE THAT EVERY ATTORNEY AT LAW, AS A CONDITION OF BEING LICENSED TO PRACTICE IN THIS STATE, SHALL ENTER INTO A BOND OR SELF-INSURANCE GUARANTEE APPROVED BY THE SUPREME COURT CONDITIONED UPON FAITHFUL PERFORMANCE OF THE ATTORNEY'S DUTIES TO CLIENTS AND THE COURTS, TO PROVIDE THAT THIS BOND OR SELF-INSURANCE GUARANTEE, AMONG OTHER PURPOSES, MUST PROTECT CLIENTS FROM LOSS ARISING FROM THE ATTORNEY'S MISUSE OR CONVERSION OF FUNDS BELONGING TO THAT CLIENT OR FOR THAT CLIENT'S BENEFIT, AND TO PROVIDE THAT THE AMOUNT AND DURATION OF THE BOND OR GUARANTEE AND THE MANNER OF ITS EXECUTION AND FILING SHALL BE SPECIFIED BY THE SUPREME COURT.

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

S. 546 -- Senators Glover and Ford: A BILL TO AMEND CHAPTER 1, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-260 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR A PERSON PERFORMING AN EARLY PERIODIC SCREENING, DIAGNOSIS, AND TREATMENT SCREENING (EPSDT) OR EXAMINATION OF A CHILD TO REFER THE CHILD TO AN APPROPRIATE AGENCY FOR AN ASSISTIVE TECHNOLOGY EVALUATION IF IT IS DETERMINED THAT THE CHILD MAY BENEFIT FROM SUCH TECHNOLOGY.

Read the first time and referred to the Committee on Medical Affairs.

S. 547 -- Senator Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 15, TITLE 56 SO AS TO PROVIDE REQUIREMENTS FOR WHOLESALE MOTOR VEHICLE AUCTIONS AND FOR WHOLESALE MOTOR VEHICLE AUCTION LICENSE PLATES.

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

S. 548 -- Senators Waldrep, Courtney, Wilson, Martin, O'Dell, Moore, Courson, Hayes and Stilwell: A BILL TO AMEND SECTION 12-7-1260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFYING EXPENDITURES FOR THE CHILD CARE CREDIT, SO AS TO INCLUDE DONATIONS TO NONPROFIT CORPORATIONS FOR PURPOSES OF ESTABLISHING A CHILD CARE PROGRAM.

Senator WALDREP spoke on the Bill.

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

S. 549 -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS OF MR. KARL E. HERDE OF AIKEN WHO DIED SUNDAY, FEBRUARY 5, 1995.

The Senate Resolution was adopted.

H. 3207 -- Reps. P. Harris, J. Harris, Shissias and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-5245 SO AS TO PROVIDE REQUIREMENTS FOR PLACEMENT OF EMOTIONALLY DISTURBED CHILDREN IN SUBSTITUTE CARE SETTINGS.

Read the first time and referred to the General Committee.

H. 3603 -- Reps. Wright and Riser: A BILL TO AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE IRMO FIRE DISTRICT, SO AS TO DELETE THE REQUIREMENT TO HAVE ONLY VOLUNTEER FIREMEN WORK FOR THE DISTRICT, AND DELETE THE AUTHORITY FOR A FIVE MILL TAX LEVY FOR THE DISTRICT AND AUTHORIZE A TAX EQUAL TO THE AMOUNT LEVIED BY LEXINGTON COUNTY FOR COUNTYWIDE FIRE PROTECTION BE LEVIED FOR THE BENEFIT OF THE DISTRICT.

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

H. 3614 -- Reps. A. Young, Harrell, Cobb-Hunter, Bailey and Hutson: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.

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

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

S. 7 -- Senators Leatherman, Wilson, Rose, Rankin, Washington and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-45 SO AS TO PROHIBIT ISSUING OF DRIVERS' LICENSES TO RESIDENTS UNDER SEVENTEEN YEARS OF AGE WHO ARE NOT HIGH SCHOOL GRADUATES OR DO NOT HAVE A G.E.D. CERTIFICATE OR WHO DO NOT PROVIDE DOCUMENTATION THAT THEY ARE PROPERLY ENROLLED IN SCHOOL AND IN COMPLIANCE WITH ATTENDANCE REQUIREMENTS, TO REQUIRE THE ATTENDANCE SUPERVISOR OR HIS DESIGNEE TO PROVIDE ENROLLMENT STATUS DOCUMENTATION TO PERSONS AT LEAST FIFTEEN YEARS OF AGE ON A FORM PRESCRIBED BY THE STATE DEPARTMENT OF EDUCATION IN CONSULTATION WITH THE DEPARTMENT OF TRANSPORTATION, TO REQUIRE ATTENDANCE SUPERVISORS TO NOTIFY THE DEPARTMENT OF TRANSPORTATION OF PERSONS WHO WITHDRAW FROM SCHOOL AND REQUIRE THE DEPARTMENT TO SUSPEND THE LICENSE OF SUCH PERSONS UPON TEN DAYS WRITTEN NOTICE, TO PROVIDE THE METHOD FOR A PERSON WHOSE LICENSE IS SUSPENDED TO HAVE THE LICENSE REINSTATED, TO DEFINE WITHDRAWAL FROM SCHOOL, TO PROVIDE FOR A PERSONAL OR FAMILY HARDSHIP WAIVER, AND TO PROVIDE THAT AN SR-22 DOES NOT HAVE TO BE FILED FOLLOWING REINSTATEMENT OF A DRIVER'S LICENSE SUSPENDED PURSUANT TO THIS SECTION.

Ordered for consideration tomorrow.

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

S. 260 -- Senators O'Dell, Bryan, Elliott, Land, Leatherman, Leventis, Martin, McGill, Waldrep, Washington, Hayes, Reese and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-665 SO AS TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION SHALL CONSTRUCT AND MAINTAIN TURNING LANES ENTERING AND EXITING SECONDARY PUBLIC EDUCATION FACILITIES.

Ordered for consideration tomorrow.

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

S. 526 -- Senators Passailaigue, McConnell, Washington, Richter, Greg Smith, Rose and Ford: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE INTERSTATE 26 AND MEETING STREET EXTENSION CONNECTOR AT NORTH CHARLESTON, SOUTH CAROLINA, AS THE "MINER W. CROSBY CONNECTOR".

Ordered for consideration tomorrow.

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

S. 527 -- Senators Passailaigue, McConnell, Richter, Washington, Greg Smith and Ford: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE INTERSTATE 26 AND INTERSTATE 526 INTERCHANGE AT NORTH CHARLESTON, SOUTH CAROLINA, AS THE "LONNIE HAMILTON III INTERCHANGE".

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Christian Coalition to attend a breakfast in Room 208 of the Blatt Building on Wednesday, March 1, 1995, from 8:00 until 9:00 A.M.

Courson                   Wilson                    Thomas
Patterson                 Stilwell                  O'Dell
Passailaigue

Peeler                    Matthews                  Russell

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Federation for Older Americans to attend a luncheon at the Adam's Mark Hotel on Tuesday, March 7, 1995, from 1:00 until 2:15 P.M.

Courson                   Wilson                    Matthews
Thomas                    Patterson                 Stilwell
Russell                   Passailaigue

Peeler                    O'Dell

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Optometric Association to attend a reception at the Embassy Suites Hotel on Tuesday, March 7, 1995, from 6:30 until 9:00 P.M.

Courson                   Wilson                    Matthews
Thomas                    Patterson                 Stilwell
Russell                   Passailaigue

Peeler                    O'Dell

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Summary Court Judges Association to attend a reception at Seawell's Restaurant (State Fairgrounds) on Wednesday, March 8, 1995, from 6:00 until 8:00 P.M.

Courson                   Wilson                    Matthews
Thomas                    Patterson                 Stilwell
Russell                   Passailaigue

Peeler                    O'Dell

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

The following Joint Resolution 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. 3511 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COASTAL CAROLINA UNIVERSITY, RELATING TO PARKING AND TRAFFIC ON THE CAMPUS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1794, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 126 -- Senators Land and Washington: A BILL TO AMEND SECTION 9-8-110(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS ON THE DEATH OF A MEMBER OR BENEFICIARY OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE THE PROVISION TERMINATING BENEFITS PAID TO THE SURVIVING SPOUSE OF A MEMBER ON HER REMARRIAGE.

I wish to have the Journal reflect that I did not participate in any way or vote on the consideration of S. 126.

S. 273 -- Senators Richter, Courtney, Rose, O'Dell, Hayes, Elliott, Reese and Giese: A BILL TO AMEND SECTION 12-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT OF PROPERTY TAXES, SO AS TO PROVIDE THAT SURVIVING SPOUSES OF LAW ENFORCEMENT OFFICERS, AS DEFINED IN SECTION 23-6-400(D)(1), KILLED IN THE LINE OF DUTY SHALL RECEIVE THE SAME PROPERTY TAX EXEMPTION AS SURVIVING SPOUSES OF SERVICEMEN KILLED IN THE LINE OF DUTY.

S. 368 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-8-125 SO AS TO AUTHORIZE A MEMBER OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE AND ELIGIBLE TO RECEIVE RETIREMENT BENEFITS FROM THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY BUT FOR THE MEMBER'S CURRENT EMPLOYMENT AS A JUDGE OR SOLICITOR TO ELECT TO RECEIVE THESE BENEFITS.

Senator LAND explained the Bill.

Senator GIESE asked to be recorded as abstaining from voting on the Bill.

I wish to have the Journal reflect that I did not participate in any way or vote on the consideration of S. 368.

S. 369 -- Senator McGill: A BILL TO AMEND SECTION 9-1-1860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELIGIBILITY OF A CONTRIBUTING MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM TO ESTABLISH SERVICE CREDIT FOR THE MEMBER'S FORMER EMPLOYMENT BY A MUNICIPALITY WHICH WAS NOT A COVERED EMPLOYER AT THE TIME OF SUCH EMPLOYMENT, SO AS TO EXTEND THE ELIGIBILITY TO A CONTRIBUTING MEMBER WHO FORMERLY SERVED AS A MEMBER OF THE GOVERNING BODY OF SUCH A MUNICIPALITY AND TO PROVIDE THAT PAYMENT OF A SALARY TO THE MEMBER OF THE GOVERNING BODY IS NOT A REQUIREMENT FOR ELIGIBILITY TO ESTABLISH SUCH SERVICE.

S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION.

Senator SETZLER asked unanimous consent to make a motion to take up the Bill 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 SETZLER, with unanimous consent, the Bill was read the second time with notice of general amendments, carrying over all amendments to third reading.

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

S. 525 -- Senator Courtney: A BILL TO AMEND SECTION 47-3-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR TEASING, MALTREATING, OR INJURING POLICE DOGS, SO AS TO CHANGE THE VIOLATION OF THESE OFFENSES FROM A MISDEMEANOR TO A FELONY AND TO INCREASE THE PENALTY.

Senator COURTNEY explained the Bill.

S. 383 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-5-38 SO AS TO REQUIRE THAT DEEDS CONVEYING AN INTEREST IN LAND AND MORTGAGES OF REAL ESTATE INCLUDE THE TAX MAP NUMBER OF THE SUBJECT PROPERTY, AND PROVIDE FOR RELATED MATTERS.

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

The Banking and Insurance Committee proposed the following amendment (0383C.001), which was adopted:

Amend the bill, as and if amended, by striking Section 30-5-38, as contained in SECTION 1, and inserting:

/"Section 30-5-38. (A) All deeds conveying an interest in land executed after the effective date of this section shall include the tax map number of the subject property.

(B) A clerk of court or register of mesne conveyance shall not record any deed after the effective date of this section unless it contains the tax map number of the subject property as prescribed in subsection (A). However, the clerk of court or register of mesne conveyance may record a deed without such information upon a satisfactory showing that the information for such deed was not available.

(C) The provisions of this section are intended to be regulatory in nature and do not affect the legality, force, effect, or record notice of any instrument recorded in violation of this section."/

Amend title to conform.

Senator STILWELL explained the Bill.

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

The following Bills having been read the second time were ordered placed on the third reading Calendar:

S. 297 -- Senator Russell: A BILL TO AMEND SECTION 59-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF COMMISSIONERS OF THE SCHOOL FOR THE DEAF AND THE BLIND, SO AS TO ADD A MEMBER WHO REPRESENTS THE INTEREST OF PERSONS WITH MULTIPLE HANDICAPS.

Senator COURTNEY explained the Bill.

S. 533 -- Finance Committee: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW A GOVERNING BODY OF A MUNICIPALITY BY ORDINANCE TO EXEMPT FROM MUNICIPAL AD VALOREM TAX FOR NOT MORE THAN FIVE YEARS PROPERTY LOCATED IN THE MUNICIPALITY RECEIVING THE FIVE-YEAR EXEMPTION FROM COUNTY AD VALOREM TAXES AS NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION FACILITIES, RESEARCH AND DEVELOPMENT FACILITIES, AND ADDITIONS TO SUCH FACILITIES, AND TO PROVIDE THAT THIS EXEMPTION FIRST IS ALLOWED WHEN THE STATE CONSTITUTION IS AMENDED SO AS TO AUTHORIZE THE EXEMPTION.

On motion of Senator PASSAILAIGUE, S. 533 was ordered to receive a third reading on Wednesday, February 22, 1995.

S. 534 -- Finance Committee: A BILL TO RATIFY AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO PERMIT A MUNICIPAL GOVERNING BODY TO EXEMPT FROM MUNICIPAL AD VALOREM TAXES FOR NOT MORE THAN FIVE YEARS ALL NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION FACILITIES, AND ADDITIONS TO SUCH FACILITIES LOCATED IN THE MUNICIPALITY, AND TO AUTHORIZE A SIMILAR EXEMPTION FOR ALL NEW ENTERPRISES ENGAGED IN RESEARCH AND DEVELOPMENT ACTIVITIES AND ADDITIONS TO SUCH ENTERPRISES LOCATED IN THE MUNICIPALITY AND TO PROVIDE THAT THESE EXEMPTIONS ARE SUBJECT TO THOSE TERMS AND CONDITIONS THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.

On motion of Senator PASSAILAIGUE, S. 534 was ordered to receive a third reading on Wednesday, February 22, 1995.

S. 535 -- Senator Moore: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURT, SO AS TO REVISE THE AREAS FOR AIKEN COUNTY.

On motion of Senator MOORE, S. 535 was ordered to receive a third reading on Wednesday, February 22, 1995.

S. 537 -- Senators Washington and Mescher: A BILL TO REPEAL ACT 917 OF 1964, RELATING TO THE AUTHORITY OF THE BOARD OF EDUCATION OF COLLETON COUNTY TO SELL SURPLUS SCHOOL PROPERTY.

On motion of Senator WASHINGTON, S. 537 was ordered to receive a third reading on Wednesday, February 22, 1995.

S. 275 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-21-860 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE OF AIRBOATS, SO AS TO PROHIBIT THE USE OF AIRBOATS ON THE WACCAMAW, THE GREAT PEE DEE, THE LITTLE PEE DEE, THE BLACK, AND THE SAMPIT RIVERS IN GEORGETOWN COUNTY.

Senator GREG SMITH 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.

The Bill was read the second time and ordered placed on the third reading Calendar.

S. 423 -- Senator Setzler: A CONCURRENT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE TEACHING PROFESSION AND TO IDENTIFY THE NECESSARY STEPS TO ATTRACT, PREPARE, AND IMPROVE TEACHERS AND ENHANCE THEIR PROFESSIONAL TRAINING, EVALUATION, AND DEVELOPMENT, TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, AND TO PROVIDE FOR THE STAFF SUPPORT FOR THE COMMITTEE AND THE SOURCE OF ITS FUNDING.

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

Senators GIESE and SETZLER explained the committee amendment.

On motion of Senator THOMAS, the Resolution was carried over.

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

S. 59 -- Senators McConnell, Wilson, Ryberg, Rose, Gregory, Giese and Richter: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO PROVIDE THAT TEN OR MORE MEMBERS INSTEAD OF ALL TWELVE MEMBERS OF A JURY SHALL VOTE IN FAVOR OF IMPOSING THE DEATH PENALTY WHERE A DEFENDANT HAS BEEN CONVICTED OF MURDER IN ORDER FOR THE DEATH PENALTY TO BE IMPOSED.

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

On motion of Senator WILLIAMS, the Joint Resolution was carried over, Senator PATTERSON retaining the floor.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

S. 375 -- Senators Jackson and Courtney: A BILL TO AMEND SECTION 53-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNTY ACCOMMODATION TAX EXEMPTION FROM THE SUNDAY WORK LAWS, SO AS TO PROVIDE THAT A COUNTY MUST COLLECT THE REQUISITE REVENUE IN ONE YEAR AND TO PROVIDE THAT AFTER A COUNTY INITIALLY QUALIFIES, THIS EXEMPTION IS PERMANENT; AND TO PROVIDE A REFERENDUM TO BE HELD STATEWIDE AT THE TIME OF THE 1996 GENERAL ELECTION ON THE QUESTION OF WHETHER SUNDAY WORK SHALL CONTINUE TO BE PROHIBITED, SUBJECT TO AN EMPLOYEE'S RIGHT TO ELECT NOT TO WORK ON SUNDAY, WITH RESULTS TO BE DETERMINED ON A COUNTY-BY-COUNTY BASIS AND THE PROHIBITION EXPIRING JANUARY 1, 1997, IN A COUNTY WITH A MAJORITY "NO" VOTE.

On behalf of the Chairmen's Committee, Senator WILLIAMS moved that the Bill be made a Special Order.

The Bill was made a Special Order.

S. 41 -- Senators Courson, Rose, Giese, Gregory, Wilson, Elliott and Richter: A BILL TO AMEND SECTION 17-25-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LIFE SENTENCE FOR A PERSON WHO HAS THREE CONVICTIONS FOR CERTAIN CRIMES, SO AS TO PROVIDE FOR A MANDATORY SENTENCE OF LIFE IMPRISONMENT WITHOUT PAROLE UPON A THIRD CONVICTION OF A "MOST SERIOUS OFFENSE", TO DEFINE "MOST SERIOUS OFFENSE", AND TO PROVIDE FOR THE APPLICATION OF THIS SECTION.

Senator WILSON moved that the Bill be made a Special Order.

Senator HOLLAND, with unanimous consent, was granted leave to address brief remarks to the body.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander                 Bryan                     Cork
Courson                   Courtney                  Drummond
Giese                     Gregory                   Hayes
Lander                    Leatherman                Leventis
Martin                    McConnell                 Mescher
Moore                     O'Dell                    Passailaigue
Peeler                    Rankin                    Reese
Richter                   Rose                      Russell
Ryberg                    Setzler                   Smith, G.
Smith, J.V.               Stilwell                  Thomas
Waldrep                   Wilson                    

Elliott                   Ford                      Glover
Holland                   Jackson                   Land
McGill                    Patterson                 Saleeby
Short                     Washington                Williams

S. 41 was made a Special Order.

Senator STILWELL moved that, consistent with Senate practice, the President Pro Tempore direct or appoint such persons or committee as he deems appropriate to direct the legal representation of the South Carolina Senate In the matter of Theo W. Mitchell, et al. v. the South Carolina Senate, et al.

There was no objection to the motion.

On motion of Senator SETZLER, the Senate agreed to dispense with the balance of the Motion Period.

At 1:15 P.M., on motion of Senator WILLIAMS, with unanimous consent, the Senate agreed to go into Executive Session.

On motion of Senator WILLIAMS, the seal of secrecy was removed and the Senate stood adjourned.

MOTION ADOPTED
On motion of Senator RICHTER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Samuel W. Farley of Hanahan, S.C.

At 1:55 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

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