South Carolina General Assembly
111th Session, 1995-1996
Journal of the Senate

WEDNESDAY, MARCH 15, 1995

Wednesday, March 15, 1995
(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 the Chaplain as follows:

Beloved, hear the words of the First Psalm (v. 3):

"He shall be like a tree

planted by the rivers of water,

that bringeth forth his fruit in his season."
Let us pray.

Our Father, we join with a quarter million Methodists mourning the passing of another good man, Bishop Joseph Bethea, and with the family of Senator Kay Patterson in the passing of his father, Your servant, James H. Patterson.

We give thanks to You for their lives and labors.

They loved their God and they loved their fellowman. They served their God by faithfully serving the children of God. The record of their stewardship is known afar.

Good Lord, as we live out our days, may we be able to say with St. Paul and Bishop Joseph Bethea and James Patterson:

"I have fought a good fight,

I have finished my course.

I have kept the faith...

Henceforth there is laid up for me

a crown of life, which the Lord, the

righteous Judge, will give to me

at that day."

Amen.

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

Point of Quorum

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

Call of the Senate

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
Gregory                   Hayes                     Jackson
Land                      Lander                    Leatherman
Leventis                  Martin                    Matthews
McConnell                 McGill                    Mescher
Moore                     Passailaigue              Patterson
Peeler                    Rankin                    Richter
Rose                      Saleeby                   Setzler
Short                     Smith, G.                 Smith, J.V.
Stilwell                  Thomas                    Waldrep
Washington                Williams                  Wilson

A quorum being present, the Senate resumed.

Presence Recorded

Senators REESE, RYBERG, RUSSELL, O'DELL and GLOVER recorded their presence subsequent to the Call of the Senate.

Doctor of the Day

Senator STILWELL introduced Dr. Woodrow W. Long, Jr. of Greenville, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator MOORE, at 11:00 A.M., Senator HOLLAND was granted a leave of absence for today.

SENATE ASSEMBLY
Privilege of the Floor

At 11:15 A.M., under the terms of a Senate Resolution, the Senate proceeded to the Senate Assembly:

S. 589 -- Invitations Committee: A SENATE RESOLUTION TO FIX 11:15 ON WEDNESDAY, MARCH 15, 1995, AS THE TIME FOR MR. JOHN MARK MCQUOWN TO SING BEFORE THE SENATE.

In celebration of the Department of Disabilities "Families First" Day, Senator DRUMMOND introduced Mr. John Mark McQuown of Greenwood County to the Senate. He was escorted to the podium by the Sergeant-at-Arms where he entertained the Senate with a song entitled, "Friends."

Message from the House

Columbia, S.C., March 15, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 2, S. 278 by a vote of 5 to 0:
(R2) S. 278 -- Senators Mescher and Rose: AN ACT TO AMEND ACT 1093 OF 1966, RELATING TO THE GOOSE CREEK PARK AND PLAYGROUND COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE GOOSE CREEK RECREATION COMMISSION.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., March 15, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 3, S. 334 by a vote of 2 to 0:
(R3) S. 334 -- Senators McGill, Glover and Leatherman: AN ACT TO AMEND ARTICLE 1, CHAPTER 31, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS LOCATED IN FLORENCE COUNTY, SO AS TO AUTHORIZE THE FORMER BOARD OF DIRECTORS OF A DISSOLVED NONPROFIT CORPORATION OR ELEEMOSYNARY ORGANIZATION TO DISTRIBUTE THE REMAINING ASSETS OF THE ORGANIZATION AND TO PROVIDE THAT EFFECTIVE TWO YEARS AFTER THE EFFECTIVE DATE OF THIS ACT, IF SUCH DISTRIBUTION IS NOT ACCOMPLISHED WITHIN FIVE YEARS OF DISSOLUTION, THE REMAINING ASSETS ESCHEAT TO THE STATE.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., March 15, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 11, S. 474 by a vote of 4 to 1:
(R11) S. 474 -- Senator Holland: AN ACT TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF SECONDARY ROAD S28-539 IN KERSHAW COUNTY.
Very respectfully,
Speaker of the House

Received as information.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 638 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:30 P.M. ON TUESDAY, MARCH 21, 1995, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN ASSOCIATE JUSTICE OF THE SUPREME COURT WHOSE UNEXPIRED TERM EXPIRES JULY 31, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TWELFTH JUDICIAL CIRCUIT WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 5, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SEVENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995.

Be it resolved by the Senate, the House of Representatives concurring:

That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Tuesday, March 21, 1995, at 12:30 p.m. to elect a successor to The Honorable Randall T. Bell of the Supreme Court whose unexpired term expires July 31, 2000; to elect a successor to The Honorable Randall T. Bell of the Court of Appeals, Seat 3, whose unexpired term expires June 30, 1995; to elect a successor to The Honorable John H. Waller, Jr., of the Twelfth Judicial Circuit whose unexpired term expires June 30, 2000; to elect a successor to The Honorable Karen L. Kanes of the Administrative Law Judge Division, Seat 5, whose unexpired term expires June 30, 1998; to elect a successor to the holder of the unexpired term of The Honorable Randall T. Bell of the Court of Appeals, Seat 3, whose unexpired term expires June 30, 1995; to elect a successor to The Honorable C. Tolbert Goolsby, Jr., of the Court of Appeals, Seat 4, whose term expires June 30, 1995; to elect a successor to The Honorable J. Ernest Kinard, Jr., of the Fifth Judicial Circuit whose term expires June 30, 1995; to elect a successor to The Honorable J. Derham Cole of the Seventh Judicial Circuit whose term expires June 30, 1995; to elect a successor to The Honorable Daniel E. Martin, Sr., of the Ninth Judicial Circuit whose term expires June 30, 1995; to elect a successor to The Honorable Tom J. Ervin of the Tenth Judicial Circuit whose term expires June 30, 1995; and to elect a successor to The Honorable Alison R. Lee of the Administrative Law Judge Division, Seat 3, whose term expires June 30, 1995.

Referred to the Committee on Judiciary.

S. 638--Recalled and Adopted

Senator McCONNELL asked unanimous consent to recall the Resolution from the Committee on Judiciary.

There was no objection.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 639 -- Senator Giese: A BILL TO AMEND SECTIONS 16-11-510 AND 16-11-520, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MALICIOUS INJURY TO PERSONAL AND REAL PROPERTY, SO AS TO PROVIDE THAT THE PENALTIES FOR VIOLATING EITHER CRIME APPLY WHEN INJURY TO THE PROPERTY OR PROPERTY LOSS OCCURS.

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

S. 640 -- Senators Peeler, Short and Hayes: A BILL TO AMEND SECTION 20-7-473, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARITAL PROPERTY FOR PURPOSES OF EQUITABLE APPORTIONMENT, SO AS TO PROVIDE THAT REAL PROPERTY OWNED BY A THIRD PERSON IS NOT MARITAL PROPERTY.

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

S. 641 -- Senator Williams: A BILL TO AMEND SECTION 7-5-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLOSING OF REGISTRATION BOOKS BEFORE ELECTIONS, SO AS TO PROVIDE THAT ANY PERSON ELIGIBLE TO REGISTER WHO HAS BEEN DISCHARGED FROM THE ARMED FORCES OR WHO HAS BEEN SEPARATED FROM HIS SERVICE OVERSEAS AND RETURNED HOME TOO LATE TO REGISTER AT THE TIME WHEN REGISTRATION IS REQUIRED IS ENTITLED TO REGISTER FOR THE PURPOSE OF VOTING IN THE NEXT ENSUING ELECTION AFTER THE DISCHARGE OR SEPARATION FROM SERVICE, UP TO 5:00 P.M. ON THE DAY OF THE ELECTION.

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

H. 3783 -- Reps. Cotty, Sheheen, Boan and Baxley: A CONCURRENT RESOLUTION COMMENDING JOHN STRAIT, MANAGER OF THE E. I. DUPONT DE NEMOURS PLANT IN CAMDEN, DR. HERBERT C. ROBBINS, PRESIDENT OF CENTRAL CAROLINA TECHNICAL COLLEGE, THE CENTRAL CAROLINA TECHNICAL COLLEGE COMMISSION MEMBERS, AND CATHY HARVIN, CENTER DIRECTOR, FOR THEIR EFFORTS IN ESTABLISHING THE UNIQUE AND OUTSTANDING "COLLEGE AT WORK" PROGRAM AT THE DUPONT PLANT SITE IN CAMDEN.

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

H. 3797 -- Reps. T. Brown and Thomas: A CONCURRENT RESOLUTION CONGRATULATING THE ANDREWS YELLOW JACKETS BOYS BASKETBALL TEAM OF GEORGETOWN COUNTY ON WINNING THE 1995 STATE CLASS AA BASKETBALL CHAMPIONSHIP AND COMPLETING AN UNDEFEATED SEASON.

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

H. 3799 -- Reps. Gamble, Cobb-Hunter, Stuart, Govan, Felder and Sharpe: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. H. FILMORE MABRY OF ORANGEBURG, RETIRED CHIEF EXECUTIVE OFFICER OF THE REGIONAL MEDICAL CENTER OF ORANGEBURG AND CALHOUN COUNTIES, UPON HIS DEATH.

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

H. 3800 -- Reps. Harvin and Kennedy: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE ROGER FLOWERS OF SUMMERTON FOR HIS OUTSTANDING SERVICE ON THE AGRICULTURE COMMISSION OF SOUTH CAROLINA.

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

H. 3362 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 1995 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTION 44-2-40, AS AMENDED, OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT AND USES OF THE SUPERB ACCOUNT AND THE SUPERB FINANCIAL RESPONSIBILITY FUND, SO AS TO PLACE THE ADMINISTRATION OF THE SUPERB FINANCIAL RESPONSIBILITY FUND UNDER THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO CLARIFY THE USES AND MAXIMUM PAYOUTS OF THE FUND, AND TO PROVIDE THAT DISPUTES OVER THIRD PARTY CLAIMS AGAINST THE FUND MUST BE DETERMINED BY THE ADMINISTRATIVE LAW JUDGE DIVISION; TO AMEND SECTION 8-11-165 OF THE 1976 CODE, RELATING TO THE AGENCY HEAD SALARY COMMISSION, SO AS TO REQUIRE AGENCY HEAD SALARY COMMISSION AND STATE BUDGET AND CONTROL BOARD APPROVAL TO SET THE SALARY OF A PRESIDENT OF A TECHNICAL COLLEGE IN EXCESS OF NINETY-FIVE PERCENT OF THE MIDPOINT OF THE AGENCY HEAD SALARY RANGE AND TO CORRECT OBSOLETE REFERENCES; TO AMEND SECTION 23-6-40 OF THE 1976 CODE RELATING, TO THE MANAGEMENT OF THE DEPARTMENT OF PUBLIC SAFETY SO AS TO PROVIDE THAT THE DEPARTMENT DIRECTOR SHALL RECOMMEND THE SALARIES OF DEPUTY DIRECTORS; TO AMEND SECTION 57-1-450 OF THE 1976 CODE RELATING TO THE MANAGEMENT OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT DIRECTOR SHALL RECOMMEND THE SALARIES OF DEPUTY DIRECTORS; TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-335 SO AS TO AUTHORIZE THE DIVISIONS OF THE BUDGET AND CONTROL BOARD TO PROVIDE TO AND RECEIVE FROM OTHER GOVERNMENTAL ENTITIES GOODS AND SERVICES, AND TO AUTHORIZE THESE DIVISIONS TO CHARGE AND PAY FOR SUCH GOODS AND SERVICES, THE REVENUE FROM WHICH MUST BE USED FOR THE COSTS OF PROVIDING THE GOODS AND SERVICES; TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-95 SO AS TO PROVIDE THAT WITH RESPECT TO DEBTS OWED TO THE BUDGET AND CONTROL BOARD AT THE END OF ANY FISCAL YEAR, THE BOARD IS AUTHORIZED TO TRANSFER ANY FUNDS REMAINING IN THE AGENCY'S ACCOUNTS TO PAY THESE DEBTS PRIOR TO THE CLOSING OF THE BOOKS FOR THAT FISCAL YEAR, AND TO PROVIDE EXCEPTIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 48-52-435 SO AS TO PROVIDE THAT IN ORDER TO AVOID DUPLICATIVE STUDIES, FUNDS SHALL NOT BE EXPENDED BY STATE AGENCIES FOR STUDIES INVESTIGATING ALTERNATIVE ENERGY USAGE OR CONSERVATION MEASURES WITHOUT PRIOR APPROVAL OF THE STATE ENERGY OFFICE AND THE JOINT LEGISLATIVE COMMITTEE ON ENERGY; TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-115 SO AS TO PROVIDE THAT PRICES OFFERED IN CONNECTION WITH CONTRACTS FOR PURCHASES MADE BY THE STATE OF SOUTH CAROLINA FOR ANY COUNTY, MUNICIPALITY, COLLEGE OR UNIVERSITY, POLITICAL SUBDIVISION, SCHOOL DISTRICT, OR AGENCY OF THE STATE SHALL NOT BE SUBJECT TO FAIR TRADE CONTRACTS; TO AMEND THE 1976 CODE BY ADDING SECTION 10-1-200 SO AS TO PROVIDE FOR THE REGULATION OF PARKING FACILITIES OWNED OR CONTROLLED BY AGENCIES OF STATE GOVERNMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 10-1-180 SO AS TO PROVIDE THAT THE EXPENDITURE OF FUNDS BY ANY STATE AGENCY, EXCEPT THE DEPARTMENT OF TRANSPORTATION FOR PERMANENT IMPROVEMENTS AS DEFINED IN THE STATE BUDGET, ARE SUBJECT TO APPROVAL AND REGULATION OF THE STATE BUDGET AND CONTROL BOARD; TO AMEND THE 1976 CODE BY ADDING SECTION 10-1-190 SO AS TO PROVIDE THAT, AS PART OF THE APPROVAL PROCESS RELATING TO TRADES OF STATE PROPERTY FOR NONSTATE PROPERTY, THE STATE BUDGET AND CONTROL BOARD IS AUTHORIZED TO APPROVE THE APPLICATION OF ANY NET PROCEEDS RESULTING FROM SUCH A TRANSACTION TO THE IMPROVEMENT OF THE PROPERTY HELD BY THE BOARD; TO AMEND THE 1976 CODE BY ADDING SECTION 10-3-60 SO AS TO PROVIDE THAT REVENUES GENERATED FROM THE RENTALS OF THE FACILITIES OF THE GOVERNOR'S MANSION COMPLEX MAY BE RETAINED AND EXPENDED FOR THE BUDGETED OPERATION OF THE COMPLEX; TO AMEND ARTICLE 1, CHAPTER 35, TITLE 11, OF THE 1976 CODE RELATING TO GENERAL PROVISIONS CONCERNING THE CONSOLIDATED PROCUREMENT CODE BY ADDING SUBARTICLE 11 SO AS TO AUTHORIZE A GOVERNMENTAL BODY TO ACCEPT GIFTS-IN-KIND OF ARCHITECTURAL OR ENGINEERING SERVICES, OR BOTH AND ITEMS OF CONSTRUCTION WITH A VALUE OF LESS THAN TWO HUNDRED FIFTY THOUSAND DOLLARS WITH THE APPROVAL OF CERTAIN INDIVIDUALS IF THE GIFT IS MADE OR ACCEPTED WITHOUT THE INTENT TO INFLUENCE THE JUDGMENT OF THE GOVERNMENTAL BODY; TO AMEND SECTION 11-35-5260 OF THE 1976 CODE RELATING TO ANNUAL REPORTS BY A GOVERNMENTAL BODY BEING MADE ANNUALLY TO THE BUDGET AND CONTROL BOARD CONCERNING THE NUMBER AND DOLLAR VALUE OF CONTRACTS AWARDED TO ELIGIBLE MINORITY BUSINESSES DURING THE PRECEDING FISCAL YEAR, SO AS TO REQUIRE THE REPORTS TO BE MADE TO THE DIVISION OF OPERATIONS OF THE BOARD BY AUGUST FIFTEENTH OF THE TOTAL DOLLAR VOLUME OF BUSINESS THAT WAS CONTRACTED EITHER DIRECTLY OR THROUGH CERTIFIED SUBCONTRACTORS WHO ARE SMALL, MINORITY, OR WOMEN-OWNED BUSINESS DURING THE PREVIOUS FISCAL YEAR; TO AMEND THE 1976 CODE BY ADDING SECTION 48-52-635 SO AS TO AUTHORIZE A STATE AGENCY TO CARRY FORWARD AND RETAIN SAVINGS REALIZED FROM ENERGY CONSERVATION MEASURES WHICH HAVE BEEN CERTIFIED BY THE STATE ENERGY OFFICE; TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-141, SO AS TO REQUIRE STATE AGENCIES TO INSURE STATE-OWNED VEHICLES THROUGH THE BUDGET AND CONTROL BOARD OR ABSORB THE COST OF ACCIDENT REPAIRS, ESTABLISHES CONDITION UNDER WHICH A STATE EMPLOYEE WHILE DRIVING A STATE-OWNED VEHICLE IS LIABLE FOR AN ASSESSMENT; TO AMEND SECTION 1-11-270 OF THE 1976 CODE, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT ESTABLISHING CRITERIA FOR INDIVIDUAL ASSIGNMENT OF MOTOR VEHICLES, SO AS TO DEFINE THE CONDITIONS FOR WHICH A STATE-OWNED VEHICLE MAY BE ASSIGNED TO STATE EMPLOYEES; TO AMEND SECTION 1-11-710 OF THE 1976 CODE, RELATING TO THE BUDGET AND CONTROL BOARD MAKING INSURANCE AVAILABLE TO ACTIVE AND RETIRED EMPLOYEES, SO AS TO REQUIRE THE BUDGET AND CONTROL BOARD TO DEVELOP AND IMPLEMENT A PLAN TO INCREASE THE EMPLOYER CONTRIBUTION RATES OF STATE RETIREMENT SYSTEM TO A LEVEL ADEQUATE TO COVER THE EMPLOYER'S SHARE FOR THE CURRENT FISCAL YEAR'S COST OF PROVIDING HEALTH AND DENTAL INSURANCE TO RETIRED STATE AND SCHOOL DISTRICT EMPLOYEES; TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-580 SO AS TO REQUIRE THE BUDGET AND CONTROL BOARD TO MAKE QUARTERLY PAYMENTS ON INSURANCE CONTRACTS WHERE THE ANNUAL PREMIUM EXCEEDS FIFTY THOUSAND DOLLARS AND TO UNDERTAKE NEGOTIATIONS TO IMPLEMENT THIS REQUIREMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-450 SO AS TO ALLOW THE BUDGET AND CONTROL BOARD TO WITHHOLD LONG-TERM CARE INSURANCE PREMIUMS FOR STATE OF SOUTH CAROLINA RETIREES; TO AMEND THE 1976 CODE BY ADDING SECTION 2-7-78 SO AS TO PROVIDE REQUIREMENTS FOR CERTIFICATION OF REVENUE IN THE GOVERNOR'S RECOMMENDED APPROPRIATIONS BILL AND THE CONFERENCE COMMITTEE REPORT ON THE BILL; TO AMEND THE 1976 CODE BY ADDING SECTION 8-11-195 SO AS TO ESTABLISH GUIDELINES FOR STATE EMPLOYEE FURLOUGH POLICIES; TO AMEND THE 1976 CODE BY ADDING SECTION 8-11-200 SO AS TO PROVIDE THE REQUIREMENTS FOR REIMBURSEMENT OF TRAVEL EXPENSES TO PERSONS INTERVIEWING FOR STATE EMPLOYMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 8-11-190 SO AS TO PROVIDE FOR THE USE OF PUBLIC FUNDS TO REWARD STATE EMPLOYEES; TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-50 SO AS TO PROVIDE THAT FUNDS ACCUMULATED BY THE DIVISION OF BUDGET AND ANALYSES, BUDGET AND CONTROL BOARD, UNDER CONTRACT FOR PROVIDING GOODS AND SERVICES WHICH ARE NOT EXPENDED MAY BE CARRIED FORWARD FOR THE COSTS ASSOCIATED WITH PROVIDING THESE GOODS AND SERVICES; TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-2322 SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO SELL A DEALER LICENSE PLATE FOR USE ON A MOTOR VEHICLE WHICH THE DEALER LOANS TO A SCHOOL FOR DRIVER EDUCATION; TO AUTHORIZE A TWENTY DOLLAR FEE FOR THE LICENSE PLATE AND TO REQUIRE SURRENDER OF THE LICENSE PLATE WHEN IT IS NO LONGER USED FOR DRIVER EDUCATION; TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-370 SO AS TO PROVIDE THAT A STATE AGENCY COLLECTING REVENUE TO BE APPLIED TO PAYMENTS ON GENERAL OBLIGATION BONDS SHALL SUBMIT REVENUE COLLECTED TO THE STATE TREASURER AND THE REVENUE SUBMITTED CONSTITUTES A REIMBURSEMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 2-7-115 SO AS TO PROVIDE THAT THE APPROPRIATIONS FOR DEBT SERVICE IN THE GENERAL APPROPRIATIONS ACT ARE THE ESTIMATED DEBT SERVICE REQUIREMENTS OF BONDS OF THE STATE FOR EACH FISCAL YEAR, AND TO PROVIDE THAT THE INCLUSION OF THESE APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT SHALL NOT PREVENT THE ISSUANCE OF ADDITIONAL BONDS PURSUANT TO CURRENT OR FUTURE AUTHORIZATIONS IF PERMITTED BY LAW; TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-590 SO AS TO REQUIRE THE SPECIAL FUND THAT SUPPORTS CERTAIN BONDED DEBT OF THE STATE ISSUED BEFORE DECEMBER 1, 1997, TO BE FIRST APPLIED TO DEBT SERVICE; TO AMEND THE CODE OF 1976 BY ADDING SECTION 2-7-107 SO AS TO REQUIRE SUFFICIENT APPROPRIATIONS TO PAY GENERAL OBLIGATION DEBT INCURRED AFTER DECEMBER 1, 1977; TO AMEND THE 1976 CODE BY ADDING SECTION 11-1-100 SO AS TO AUTHORIZE THE BUDGET AND CONTROL BOARD, AFTER REVIEW OF THE JOINT BOND REVIEW COMMITTEE, TO REGULATE THE STARTING DATE OF THE VARIOUS PROJECTS APPROVED FOR FUNDING THROUGH THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS; TO AMEND THE 1976 CODE BY ADDING SECTION 4-5-260 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT, WITH RESPECT TO STATE AID TO SUBDIVISIONS FOR COUNTY GOVERNMENT AND THE ALLOCATION FORMULA FOR AN ANNEXED COUNTY, WHERE A PORTION OF ONE COUNTY IS ANNEXED TO ANOTHER COUNTY, THE TOTAL AMOUNT ALLOCATED TO THE TWO COUNTIES SHALL NOT EXCEED THE TOTAL WHICH WOULD BE ALLOCATED TO THE TWO COUNTIES SEPARATELY; TO AMEND THE 1976 CODE BY ADDING SECTION 6-27-45 SO AS TO PROVIDE THAT, WITH RESPECT TO LOCAL GOVERNMENT AND THE STATE AID TO SUBDIVISIONS ACT, NOTWITHSTANDING THE AMOUNT APPROPRIATED IN THE ANNUAL GENERAL APPROPRIATION ACT FOR "HOMESTEAD EXEMPTION REIMBURSEMENT", THERE MUST BE ANNUALLY APPROPRIATED WHATEVER AMOUNT IS NECESSARY TO REIMBURSE TO COUNTIES AND MUNICIPALITIES FOR EXEMPTIONS ALLOWED IN ACCORDANCE WITH THE PROVISIONS OF LAW; TO AMEND THE 1976 CODE BY ADDING SECTION 11-3-240 SO AS TO SPECIFY THAT FOUR CENTS PER CAPITA BE APPROPRIATED TO EACH COUNTY TO BE APPLIED TOWARD THE EXPENSE OF PRINTING TAX FORMS AND SUPPLIES, AND PROVIDE FOR THE MANNER OF PAYMENT; TO AMEND THE 1976 CODE BY ADDING ARTICLE 10 TO CHAPTER 21 OF TITLE 8 SO AS TO PROVIDE SALARY SUPPLEMENTS FOR CLERKS OF COURT, PROBATE COURT JUDGES, AND SHERIFFS; TO AMEND THE 1976 CODE BY ADDING SECTION 6-7-185 SO AS TO SPECIFY HOW THE ANNUAL APPROPRIATION TO THE REGIONAL COUNCILS OF GOVERNMENTS IS ALLOCATED; TO AMEND THE 1976 CODE BY ADDING SECTION 6-7-157 SO AS TO REQUIRE REGIONAL COUNCILS OF GOVERNMENT TO PROVIDE A SPENDING PLAN BEFORE RECEIPT OF STATE FUNDS AND PROVIDE FOR AN AUDIT OF APPROPRIATED FUNDS; TO AMEND THE 1976 CODE BY ADDING SECTION 6-7-155 SO AS TO REQUIRE THE STATE TREASURER TO DISBURSE FUNDS TO REGIONAL COUNCILS OF GOVERNMENT UPON APPROVAL; TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-75 SO AS TO PROVIDE THAT WHERE A PORTION OF ONE COUNTY IS ANNEXED TO ANOTHER COUNTY, THE AMOUNT ALLOCATED UNDER AID TO SUBDIVISIONS TO THE TWO COUNTIES MUST NOT EXCEED THE AMOUNT THAT WOULD BE ALLOCATED TO THE COUNTIES SEPARATELY AND TO REQUIRE THE POPULATION OF THE ANNEXED AREAS TO BE TAKEN INTO CONSIDERATION IN DETERMINING THE PROPORTIONATE ALLOCATION FOR EACH COUNTY; TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-140 SO AS TO ALLOW THE BUDGET AND CONTROL BOARD TO TRANSFER TO THE BOND CONTINGENCY REVOLVING FUND ANY CAPITAL IMPROVEMENT BOND PROJECT BALANCES DETERMINED NOT TO BE USABLE OR NEEDED, AND PROVIDE FOR EXEMPTIONS AND RELATED MATTERS; TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-180 SO AS TO PROVIDE ADDITIONAL POWERS TO THE BUDGET AND CONTROL BOARD INCLUDING THE POWER TO EXAMINE AGENCY ACCOUNTING SYSTEMS AND REQUIRE ADOPTION OF POLICIES AND PROCEDURES FOR PROPER ACCOUNTING; TO PROTECT AGAINST FIRE LOSS AND DETERIORATION OF STATE PROPERTY; TO APPROVE DESTRUCTION OF AGENCY RECORDS; TO APPROVE PLANS FOR PERMANENT IMPROVEMENTS MADE BY STATE AGENCIES; TO APPROVE BLANKET BONDS INCLUDING BONDS ON EMPLOYEES OR STATE OFFICIALS; AND TO CONTRACT TO DEVELOP AN ENERGY UTILIZATION MANAGEMENT SYSTEM FOR FACILITIES UNDER THE BOARD'S CONTROL; TO AMEND SECTION 1-1-810 OF THE 1976 CODE, RELATING TO THE PERIOD TO BE COVERED BY ANNUAL REPORTS, SO AS TO PROVIDE THAT EACH STATE AGENCY AND DEPARTMENT SHALL SUBMIT AN ANNUAL REPORT WHICH MUST BE AN ACCOUNTABILITY REPORT; AND TO AMEND SECTION 1-1-820, RELATING TO CONTENTS OF ANNUAL REPORTS, SO AS TO PROVIDE THAT AN ACCOUNTABILITY REPORT MUST CONTAIN THE AGENCY MISSION, OBJECTIVES, AND PERFORMANCE MEASURES; TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-405 SO AS TO PROVIDE THAT NO AIRCRAFT MAY BE PURCHASED, LEASED, OR LEASE-PURCHASED FOR MORE THAN A THIRTY-DAY PERIOD BY ANY STATE AGENCY WITHOUT THE PRIOR AUTHORIZATION OF THE BUDGET AND CONTROL BOARD AND THE JOINT BOND REVIEW COMMITTEE; TO AMEND SECTION 44-53-530, AS AMENDED, OF THE 1976 CODE, RELATING TO THE SEIZURE AND FORFEITURE OF PROPERTY USED IN ILLEGAL CONTROLLED SUBSTANCE TRANSACTIONS, SO AS TO PROVIDE THAT IF THE PROPERTY SEIZED AND FORFEITED IS AN AIRCRAFT OR WATERCRAFT AND IS TRANSFERRED TO A STATE LAW ENFORCEMENT AGENCY OR OTHER STATE AGENCY, ITS USE AND RETAINAGE BY THAT AGENCY SHALL BE AT THE DISCRETION AND APPROVAL OF THE BUDGET AND CONTROL BOARD; TO AMEND THE 1976 CODE BY ADDING SECTION 56-31-60 SO AS TO PROVIDE FOR A PENALTY OF ONE THOUSAND DOLLARS A VEHICLE ON EACH VEHICLE WHICH A CAR RENTAL COMPANY FAILS TO REGISTER AND LICENSE IN THIS STATE, AND FAILS TO REMIT PROPERTY TAXES IN THIS STATE AS REQUIRED BY LAW, AND TO PROVIDE FOR THE SEIZURE AND SUBSEQUENT DESTRUCTION OF THE VEHICLE IF THE APPROPRIATE FEES AND TAXES ARE NOT PAID AFTER NINETY DAYS; TO AMEND SECTION 12-21-2710 OF THE 1976 CODE, RELATING TO COIN-OPERATED MACHINES AND DEVICES PROHIBITED BY LAW, SO AS TO INCLUDE VIDEO SLOT MACHINES WHICH DO NOT DISBURSE MONEY BUT WHICH HAVE A FREE PLAY FEATURE AND ALL OTHER VIDEO GAMES WHICH DO NOT DISBURSE MONEY BUT WHICH HAVE A FREE PLAY FEATURE REGARDLESS OF THE GAME ON THE MACHINES WITHIN THE CATEGORY OF DEVICES EXEMPT FROM THE PROHIBITION; TO AMEND SECTION 12-21-2720, AS AMENDED, RELATING TO LICENSE FEES FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO INCREASE THE FEE ON CERTAIN MACHINES AND TO DELETE A ONE-TIME ADDITIONAL FEE; TO AMEND SECTIONS 12-21-2776 AND 12-21-2804, AS AMENDED, RELATING TO REGULATION OF VIDEO GAMES WITH A FREE PLAY FEATURE, SO AS TO EXTEND FROM JULY 1, 1995, TO JULY 1, 1998, THE DEADLINE FOR INSTALLING METERS, TO INCREASE FROM FIVE TO EIGHT THE NUMBER OF MACHINES ALLOWED AT A SINGLE PLACE OR PREMISES, AND TO ALLOW MACHINES TO BE PLAYED UNTIL TWO O'CLOCK A.M. ON SUNDAYS; AND TO REPEAL SECTION 12-21-2791, RELATING TO LIMITS ON CASH PAYOUTS; TO REDUCE THE SOFT DRINKS TAX BY AN INCREMENTAL ONE-SIXTH IN FISCAL YEARS 1995-96 THROUGH 1999-2000; AND TO REPEAL ARTICLE 13, CHAPTER 21 OF TITLE 12 OF THE 1976 CODE, RELATING TO THE IMPOSITION OF THE SOFT DRINKS TAX, EFFECTIVE JULY 1, 2000; TO AMEND SECTION 57-11-20, AS AMENDED, OF THE 1976 CODE, RELATING TO THE STATE HIGHWAY FUND, SO AS TO REQUIRE INTEREST EARNED FROM THE FUND TO BE DEPOSITED IN THE FUND; TO AMEND SECTION 44-96-160, AS AMENDED, OF THE 1976 CODE, RELATING TO THE SALE AND DISPOSAL OF MOTOR OIL, SO AS TO PROVIDE THAT MOTOR CARRIERS RATHER THAN FOR HIRE MOTOR CARRIERS ARE EXEMPT FROM CERTAIN FEES, AND TO PROVIDE FOR TECHNICAL CORRECTIONS CONCERNING REPORTS FILED WITH THE ENVIRONMENTAL PROTECTION AGENCY REGARDING THE EXISTENCE OF WASTE OIL STORAGE TANKS; TO AMEND THE 1976 CODE, BY ADDING SECTION 58-23-25 SO AS TO DEFINE THE PUBLIC SERVICE COMMISSION'S MOTOR CARRIER REGULATORY AUTHORITY; BY ADDING SECTION 58-23-350 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE AND TAXATION WITH AUTHORITY TO ISSUE CLASS E CERTIFICATES OF COMPLIANCE TO FOR-HIRE MOTOR VEHICLES, TO PROVIDE FOR THE FEE AND PROCEDURE TO OBTAIN A CERTIFICATE, PROCEDURES TO ENSURE COMPLIANCE WITH THESE REQUIREMENTS, AND THE POSSIBILITY THAT A CERTIFICATE HOLDER MAY BE ELIGIBLE FOR CERTAIN EXCEPTIONS PROVIDED IN SECTIONS 58-23-620 AND 44-96-160(V)(1); TO AMEND SECTION 58-23-590, RELATING TO LICENSE FEES FOR CLASS E AND F CERTIFICATE HOLDERS, SO AS TO ELIMINATE THE FEE SCHEDULE FOR CLASS E AND F CERTIFICATE HOLDERS, AND TO ALLOW THE PUBLIC SERVICE COMMISSION TO DETERMINE THE ASSESSMENTS FOR HOUSEHOLD GOODS AND HAZARDOUS WASTE DISPOSAL, TO ESTABLISH THE OFFICE COMPLIANCE AND PROVIDE IT WITH THE POWER TO ASSESS FEES, GRANT OPERATING CERTIFICATES, SET RATES, AND ENFORCE THE COMMISSION'S REGULATIONS; TO AMEND SECTION 58-23-620, RELATING TO SITUATIONS IN WHICH LOCAL LICENSE FEES MAY OR MAY NOT BE IMPOSED ON A CERTIFICATE A, B, C, D, E, OR F HOLDER, SO AS TO DELETE THE CERTIFICATE D AND TO PROVIDE CIRCUMSTANCES IN WHICH LOCAL LICENSE FEES MAY BE IMPOSED ON A CERTIFICATE OF COMPLIANCE OR A COMMON OR CONTRACT MOTOR CARRIER OF PROPERTY; TO AMEND SECTION 58-23-640, AS AMENDED, RELATING TO THE ASSESSMENT AND DISTRIBUTION OF THE PUBLIC SERVICE COMMISSION'S IDENTIFIER FEE, SO AS TO SUBSTITUTE "DEPARTMENT OF REVENUE AND TAXATION" FOR "PUBLIC SERVICE COMMISSION" AND PLACE ALL REVENUE GENERATED BY THE FEE IN THE GENERAL FUND; TO AMEND SECTION 58-23-650, AS AMENDED, RELATING TO THE PUBLIC SERVICE COMMISSION'S AUTHORITY TO ENTER INTO RECIPROCAL AGREEMENTS WITH REGULATORY AGENCIES OF OTHER STATES HAVING JURISDICTION OVER MOTOR CARRIERS, SO AS TO SUBSTITUTE "DEPARTMENT OF REVENUE AND TAXATION" FOR "PUBLIC SERVICE COMMISSION", AND TO PROVIDE THE DEPARTMENT OF PUBLIC SAFETY AUTHORITY TO ENFORCE THESE AGREEMENTS; TO AMEND SECTION 58-23-1120, RELATING TO REQUIRING A MOTOR CARRIER TO COMPLY WITH ORDERS AND REGULATIONS PRESCRIBED BY THE PUBLIC SERVICE COMMISSION, SO AS TO DEFINE THE ROLE OF THE PUBLIC SERVICE COMMISSION, THE DEPARTMENT OF PUBLIC SAFETY, AND THE TRANSPORT POLICE DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY IN THE REGULATION OF MOTOR CARRIERS; AND TO REPEAL SECTION 58-23-580 RELATING TO LICENSE FEES FOR CLASS D CERTIFICATE HOLDERS; TO AMEND SECTIONS 24-21-510 AND 24-21-540 OF THE 1976 CODE, RELATING TO DUTIES OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES FOR COMMUNITY CONTROL CENTERS, PRESENTENCE INVESTIGATIONS, AND SENTENCING OPTIONS, SO AS TO DELETE REFERENCES TO PRESENTENCE INVESTIGATIONS; AND TO REPEAL SECTIONS 24-21-520 AND 24-21-530 OF THE 1976 CODE, RELATING TO PRESENTENCE INVESTIGATIONS; TO AMEND SECTION 50-11-20, AS AMENDED, OF THE 1976 CODE, RELATING TO THE MIGRATORY WATERFOWL COMMITTEE, SO AS TO DELETE PROVISIONS PERTAINING TO THE COMMITTEE, TRANSFER ITS DUTIES AND RESPONSIBILITIES TO THE DEPARTMENT OF NATURAL RESOURCES, AND REVISE PROCEDURES PERTAINING TO RELATED FUNDS; TO REPEAL CHAPTER 19, TITLE 1, OF THE 1976 CODE, RELATING TO THE STATE REORGANIZATION COMMISSION, TO REPEAL CHAPTERS 22, 23, 25, 27, 29, 39, 43, 51, 55, AND 73, ALL OF TITLE 2, RELATING TO VARIOUS COMMITTEES INCLUDING THOSE RELATING TO AQUACULTURE, INSURANCE, CRIME, ALCOHOL AND DRUG ABUSE, ELECTION LAW, MENTAL HEALTH AND MENTAL RETARDATION, TEXTILES, AGING, HEALTH CARE, AND THE DISABLED, TO REPEAL SECTION 11-35-520 RELATING TO THE PROCUREMENT POLICY COMMITTEE, CHAPTER 32 OF TITLE 46, RELATING TO THE TOBACCO ADVISORY COMMISSION, ARTICLE 11, CHAPTER 3 OF TITLE 57, RELATING TO THE INTERAGENCY COUNCIL ON PUBLIC TRANSPORTATION, AND CHAPTER 9 OF TITLE 59, RELATING TO THE COMMITTEE TO MAKE A CONTINUING STUDY OF THE EDUCATIONAL SYSTEM; TO AMEND THE 1976 CODE BY ADDING SECTION 11-11-325 SO AS TO ESTABLISH A SEPARATE FUND IN THE STATE TREASURY STYLED THE "STATE PROPERTY TAX RELIEF FUND" AND PROVIDE THAT AMOUNTS CREDITED TO THIS FUND MUST BE USED TO PROVIDE PROPERTY TAX RELIEF FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY.

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

REPORT OF STANDING COMMITTEE

Senator DRUMMOND from the Committee on Finance submitted a favorable report on:

S. 571 -- Senator Peeler: A BILL TO AMEND SECTION 12-36-2680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF SALES TAX EXEMPTION CERTIFICATES MAINTAINED ON FILE USED IN MAKING VARIOUS TAX EXEMPT PURCHASES, SO AS TO DELETE THE REQUIREMENT THAT THE PURCHASER SIGN THE INVOICE AND TO MAKE THIS DELETION EFFECTIVE FOR EXEMPT SALES MADE ON OR AFTER JANUARY 1, 1995.

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 637 -- Senator Short: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF, ONE OF THIS STATE'S FINEST EDUCATORS, ELIZABETH BELL ABERNATHY OF GREAT FALLS, WHO PASSED AWAY THURSDAY, FEBRUARY 16, 1995.

Returned with concurrence.

Received as information.

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

THIRD READING BILLS

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

S. 207 -- Senator Wilson: A BILL TO AMEND SECTION 7-17-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY RECOUNTS IN PRIMARIES AND GENERAL ELECTIONS, SO AS TO PROVIDE THAT THE CANVASSING AGENCY SHALL GIVE PRIORITY IN THE RECOUNT TO SPECIFIC PRECINCTS IF ONE OF THE AFFECTED CANDIDATES FOR REASONABLE CAUSE SO REQUESTS.

S. 46 -- Senators Jackson, Elliott, Rose and Washington: A BILL TO AMEND SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, AND 20-7-2900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF LICENSES FOR PRIVATE DAY CARE CENTERS AND RENEWAL THEREOF, APPROVAL OF PUBLIC DAY CARE CENTERS AND RENEWAL THEREOF, THE REGISTRATION OF OPERATORS OF FAMILY DAY CARE HOMES, AND THE ISSUANCE OF LICENSES FOR OR THE REGISTERING OF CHURCH DAY CARE CENTERS, SO AS TO REQUIRE THAT ALL PERSONS APPLYING FOR A LICENSE AS AN OPERATOR OF OR AN EMPLOYEE AT DAY CARE FACILITIES MUST UNDERGO A FINGERPRINT REVIEW TO BE CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION AND TO PROHIBIT THE ISSUANCE OF DAY CARE LICENSES IF SUCH OPERATORS OR EMPLOYEES HAVE BEEN CONVICTED OF CERTAIN CRIMES AND TO AMEND CHAPTER 7 OF TITLE 20 BY ADDING SECTION 20-7-2720, SO AS TO PROVIDE THAT THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION MAY NOT CHARGE MORE THAN TEN DOLLARS FOR STATE BACKGROUND CHECKS REQUIRED FOR CHILD CARE FACILITIES.

Senator JACKSON explained the Bill.

SECOND READING BILLS

The following Bill and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:

S. 629 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE UNIVERSITY OF SOUTH CAROLINA, RELATING TO VIOLATIONS, PENALTIES, AND BONDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1778, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3191 -- Reps. P. Harris, Neilson, Waldrop, J. Brown, Inabinett, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-11-95 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO OBTAIN APPROVAL FROM THE DEPARTMENT OF CONSUMER AFFAIRS TO DISTRIBUTE A DIVIDEND OR SIMILAR DISTRIBUTION; BY ADDING SECTION 37-11-105 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO SUBMIT A FINANCIAL PLAN TO THE DEPARTMENT FOR APPROVAL IF THE DEPARTMENT HAS REASON TO BELIEVE THE OPERATOR IS OR MAY BECOME INSOLVENT; BY ADDING SECTION 37-11-135 SO AS TO EXEMPT FROM CERTAIN LICENSING REQUIREMENTS A CONTINUING CARE RETIREMENT COMMUNITY WHICH DOES NOT REQUIRE PAYMENT OF AN ENTRANCE FEE; BY AMENDING SECTION 37-11-30, RELATING TO LICENSING OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO REVISE INFORMATION THAT MUST ACCOMPANY LICENSE APPLICATIONS; AND BY AMENDING SECTION 37-11-40, RELATING TO THE DETERMINATION OF FINANCIAL RESPONSIBILITY OF AN APPLICANT FOR LICENSURE, SO AS TO REVISE CONDITIONS UNDER WHICH A BOND OR OTHER GUARANTEE IS REQUIRED.

AMENDED, READ THE SECOND TIME

S. 136 -- Senators Short, Courson, Hayes, Rose, Wilson and O'Dell: A BILL TO AMEND ARTICLE 5, CHAPTER 5, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA EMPLOYABLES PROGRAM ACT, BY ADDING SECTION 43-5-585 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE REPORTS TO CONSUMER REPORTING AGENCIES OF PERSONS DELINQUENT IN CHILD SUPPORT PAYMENTS FOR TWO CONSECUTIVE MONTHS.

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

The General Committee proposed the following amendment (136R001.AGW), which was adopted:

Amend the bill, as and if amended, by striking SECTION 2 in its entirety and inserting in lieu thereof the following:

/SECTION   2.   This act takes effect January 1, 1996./

Amend title to conform.

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. 238 -- Senators Leatherman and Elliott: A BILL TO AMEND SECTION 38-33-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE HEALTH MAINTENANCE ORGANIZATION ACT OF 1987, SO AS TO MAKE CHANGES TO THE DEFINITION OF "COPAYMENT" OR "DEDUCTIBLE"; TO AMEND SECTION 38-33-80, AS AMENDED, RELATING TO THE HEALTH MAINTENANCE ORGANIZATION ACT OF 1987, THE PROVISION THAT THE ENROLLEE IS ENTITLED TO EVIDENCE OF COVERAGE, THE CONTENTS OF THE EVIDENCE OF COVERAGE, DISCONTINUANCE OR REPLACEMENT OF COVERAGE, AND CHARGES FOR SERVICES, SO AS TO PROVIDE THAT A HEALTH MAINTENANCE ORGANIZATION THAT ISSUES A HEALTH MAINTENANCE ORGANIZATION CONTRACT WHICH REQUIRES THE ENROLLEE TO PAY A SPECIFIED PERCENTAGE OF THE COST OF COVERED HEALTH CARE SERVICES SHALL CALCULATE THOSE COPAYMENTS AND DEDUCTIBLES ON THE NEGOTIATED REDUCED RATE OF THE PROVIDER, AND PROVIDE THAT NOTHING IN THIS SECTION PRECLUDES A HEALTH MAINTENANCE ORGANIZATION FROM ISSUING A CONTRACT WHICH CONTAINS FIXED DOLLAR COPAYMENTS AND DEDUCTIBLES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-241 SO AS TO PROVIDE THAT AN INSURER THAT NEGOTIATES REDUCED RATES WITH PROVIDERS FOR COVERED HEALTH CARE SERVICES UNDER AN INDIVIDUAL OR GROUP ACCIDENT AND HEALTH INSURANCE POLICY MUST PROVIDE THAT PERCENTAGE COPAYMENTS AND DEDUCTIBLES PAID BY THE INSURED ARE APPLIED TO THE NEGOTIATED REDUCED RATES OF THAT PROVIDER, AND PROVIDE THAT NOTHING IN THIS SECTION PRECLUDES AN INSURER FROM ISSUING A POLICY WHICH CONTAINS FIXED DOLLAR COPAYMENTS AND DEDUCTIBLES.

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 (BBM\9999JM.95), which was adopted:

Amend the bill, as and if amended, page 2, beginning on line 37, by striking SECTION 4 and inserting:

/SECTION   4.   Section 38-33-80(B), (C), and (D) of the 1976 Code, as last amended by Section 66 of Act 181 of 1993, are further amended to read:

"(B)(1)   No schedule of charges for enrollee coverage for health care services applicable to individual health maintenance organization contracts may be used until unless they have a copy of the schedule has been filed with and approved by the director or his designee. The director or his designee may disapprove this schedule of charges of it is determined that the benefits provided in the contracts are unreasonable in relation to the charges. As soon as practicable, the director or his designee shall notify, in writing, the health maintenance organization which has filed this schedule of charges of his approval or disapproval. In the event of disapproval, the notice must contain the reasons for disapproval, and the health maintenance organization is entitled to a public hearing on the disapproval. If no action has been taken to approve or disapprove the schedule of charges after they have been filed for ninety days, they are deemed to be approved.

(2)   The charges may be established in accordance with actuarial principles for various categories of enrollees, provided that charges applicable to an enrollee may not be individually determined based on the status of his health. However, the charges may not be excessive, inadequate, or unfairly discriminatory. A certification, by a qualified actuary or other qualified person acceptable to the director or his designee to the appropriateness of the use of the charges, based on reasonable assumptions, shall accompany the filing along with adequate supporting information. At any time the director or his designee, after a public hearing of which at least thirty days' notice has been given, may withdraw approval of a schedule of charges previously approved under subsection (B) or an evidence of coverage approved under subsection (A) if he determines that the schedule of charges or evidence of coverage no longer meets the standards for approval specified in this section.

(3)   Nothing herein may be construed to require individual approval of rates for each contract issued in conformity with a schedule of charges filed with and approved by the director or his designee.

(C) The director or his designee shall with in a reasonable period approve any form if the requirements of subsection (A) are met and any schedule of charges if the requirements of subsection (B) are met. It is unlawful to issue a form or to use a schedule of charges until approved. If the director or his designee disapproves the filing, he shall notify the filer. In the notice, the director or his designee shall specify the reasons for his disapproval. A hearing must be granted within forty-five days after a request in writing by the person filing. If the director or his designee does not approve any form or schedule of charges within ninety days of the filing of the forms or charges, they are considered approved.

(D)   The director or his designee may require the submission of such relevant information as he considers necessary in determining whether to approve or disapprove a filing made pursuant to this section."

SECTION   5.   This act takes effect one hundred twenty days after approval by the Governor./

Amend title to conform.

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. 296 -- Senator Hayes: A BILL TO AMEND SECTION 27-18-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEMAND, SAVINGS, OR TIME DEPOSITS WITH BANKING OR FINANCIAL INSTITUTIONS BEING DEEMED ABANDONED UNDER THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO PROVIDE THAT IF THE OWNER OF THE DEPOSIT REPORTED THE INTEREST THEREON AS INCOME ON HIS STATE OF SOUTH CAROLINA INCOME TAX RETURN FOR ANY YEAR OF THE APPLICABLE FIVE-YEAR PERIOD, THE FIVE-YEAR PERIOD IS TOLLED AS OF DECEMBER THIRTY-FIRST OF THAT YEAR, AND TO PROVIDE A PROCEDURE FOR THE BANKING OR FINANCIAL INSTITUTION AND THE DEPARTMENT OF REVENUE AND TAXATION TO CONFIRM WHETHER OR NOT THE INTEREST INCOME HAS BEEN REPORTED.

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 (BBM\10000JM.95), which was adopted:

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

/SECTION   1.   Section 27-18-180(E) of the 1976 Code is amended to read:

"(E)   Not more than one hundred twenty days before filing the report required by this section, the holder in possession of property presumed abandoned and subject to custody as unclaimed property under this chapter shall send written notice to the apparent owner at his last known address, and, in the case of property presumed abandoned under Section 27-18-70, the written notice must be sent by certified mail with return receipt, informing him that the holder is in possession of property subject to this chapter if:

(1)   the holder has in its records an address for the apparent owner which the holder's records do not disclose to be inaccurate;

(2)   the claim of the apparent owner is not barred by the statute of limitations; and

(3)   the property has a value of fifty dollars or more."

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

Amend title to conform.

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. 180 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-710 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PARDON AND PAROLE TO DEVELOP WRITTEN POLICIES AND PROCEDURES FOR PAROLE HEARINGS TO BE HELD BY VIDEO CAMERA AND TO PROMULGATE CERTAIN REGULATIONS, ALLOW THE VICTIM OF THE CRIME FOR WHICH A PRISONER HAS BEEN SENTENCED TO SUBMIT ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY AT THE PRISONER'S PAROLE HEARING INFORMATION FOR CONSIDERATION BY THE BOARD OF PROBATION, PARDON AND PAROLE, ALLOW THE SAME PROCEDURE FOR THE PROSECUTING SOLICITOR, REQUIRE THE BOARD TO CONSIDER, IN MAKING ITS DETERMINATION REGARDING PAROLE FOR A PRISONER, MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING SUBMITTED BY THE PERSON WHOSE PAROLE IS BEING CONSIDERED AND MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY SUBMITTED BY THE PROSECUTING SOLICITOR OR THE VICTIM OR BOTH, AND PROVIDE FOR RELATED MATTERS AND DETAILS CONCERNING SUCH FILM, VIDEO TAPE, OTHER ELECTRONIC INSTRUMENT, OR RECORDING ALLOWED BY THIS SECTION; TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO INSTALL AND USE A CLOSED CIRCUIT TELEVISION SYSTEM IN EACH CORRECTIONAL INSTITUTION OF THE DEPARTMENT THAT HAS PERSONS ELIGIBLE FOR PAROLE, AND REQUIRE THE DEPARTMENT OF PROBATION, PARDON AND PAROLE TO INSTALL AND USE THE SAME SYSTEM AT THE PRINCIPAL OFFICE OF THE DEPARTMENT, FOR THE PURPOSE OF THE CONDUCT OF PAROLE HEARINGS BY MEANS OF A TWO-WAY CLOSED CIRCUIT TELEVISION SYSTEM, AND REQUIRE THAT PAROLE HEARINGS BE CONDUCTED BY MEANS OF THIS SYSTEM.

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

The Corrections and Penology Committee proposed the following amendment (180R002.DLT), which was adopted:

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

/SECTION   1.   Article 7, Chapter 21, Title 24 of the 1976 Code is amended by adding:

"Section 24-21-710.   (A)   Film, videotape or other electronic information that is both visual and aural, submitted pursuant to this section, may be considered by the Board of Probation, Parole, and Pardon Services in making its determination of parole.

(B)   Upon receipt of the notice required by law, the following people may submit electronic information:

(1)   the victim of the crime for which the prisoner has been sentenced;

(2)   the prosecuting solicitor's office; and

(3)   the person whose parole is being considered.

(C) The person submitting the electronic information shall provide with the electronic information:

(1)   identification of each voice heard and each person seen;

(2)   a visual or aural statement of the date the information was recorded; and

(3)   the name of the person whose parole eligibility is being considered.

(C)   If the film, videotape, or other electronic information is retained by the board, it may be submitted at subsequent parole hearings if the submitting person provides a written statement declaring that the information represents the present position of the person who is submitting the information.

(D)   The Department of Corrections and the Department of Probation, Parole, and Pardon Services may install, maintain, and operate a two-way closed circuit television system in a correctional institution of the department that confines persons eligible for parole. The Board of Probation, Parole, and Pardon Services may conduct parole hearings by means of a two-way closed circuit television system provided in this section.

(E)   Nothing in this section shall be construed to prohibit submission of information in other forms as provided by law.

(F)   The director of the Department of Probation, Parole, and Pardon Services may develop written policies and procedures for parole hearings to be held pursuant to this section."

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

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.

AMENDED, READ THE SECOND TIME

S. 362 -- Senators Cork and Washington: A BILL TO AMEND CHAPTER 5 OF TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, SO AS TO CREATE A RESERVE DETENTION OFFICER PROGRAM, AND TO DESIGNATE SECTIONS 24-5-10 THROUGH 24-5-170 AS ARTICLE 1, CHAPTER 5 OF TITLE 24.

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

The Corrections and Penology Committee proposed the following amendment (DKA\3793CM.95), which was adopted:

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

/SECTION   1.   Chapter 5, Title 24 of the 1976 Code is amended by adding:

"Article 3
Reserve Detention Officers

Section 24-5-300.   For the purposes of this article:

(1)   'Reserve detention officer' means a person assigned part-time jailer or detention officer duties without being regularly assigned to full-time jailer or detention officer duties and who serves in that capacity without compensation.

(2)   'Director' means the detention director, jail administrator, or other manager employed for the operation of a county, municipal, or multi-jurisdictional local detention facility.

(3)   'Responsible authority' means the sheriff, county administrator, mayor, city manager, or other appropriate official who has legal responsibility for the management of a local detention facility within a particular jurisdiction.

Section 24-5-310.   The director, in his discretion, may appoint the number of reserve detention officers approved by the responsible authority, but not exceeding the number of regular full-time jailers or detention officers funded and employed at the facility, if participation in the reserve detention officer program has been approved by the governing body having jurisdiction over the detention facility. The number of full-time jailers or detention officers must not be decreased because of the institution or expansion of a reserve force. Each period of time a reserve serves must be determined and specified by the director in writing. The powers and duties of a reserve are subject to the provisions of this article and must be prescribed by the director and approved by the responsible authority.

A reserve is subject to removal by the director at any time. A criminal history inquiry and other appropriate background inquiry must be conducted on an applicant before his selection as a reserve.

Before assuming his duties, a reserve must:

(1)   take the oath of office required by law;

(2)   be bonded in an amount determined by the governing body of the county, municipality, or other political entity and which must be not less than one thousand five hundred dollars; and

(3)   successfully complete the course of training required by this article.

Section 24-5-320.   No reserve shall assume a jailer or detention officer function until he has completed successfully a jail pre-service training program approved by the Department of Public Safety pursuant to Article 9, Chapter 6 of Title 23, and passed a comprehensive test prepared by the South Carolina Criminal Justice Academy and administered by the director of the local detention facility. Within one year of appointment, a reserve must successfully complete a jail operations training program promulgated by the Department of Public Safety pursuant to Article 9, Chapter 6 of Title 23 in order to be eligible for continuation as a reserve. A reserve who serves more than one year must complete the same annual in-service training requirements as regular full-time jailers or detention officers. All training which is provided locally or regionally is subject to review by the South Carolina Law Enforcement Training Advisory Council and approval of the South Carolina Department of Public Safety.

Section 24-5-330.   Before final acceptance as a reserve, a candidate, at his own expense or through the offices of the doctor of his political entity, shall submit to the director a summary of the results of a current physical examination for the satisfaction of the director concerning physical competence and capability. Other minimum selection standards recognized by law as applicable to full-time jailers or detention officers also shall apply to reserves.

Section 24-5-340.   Additional requirements beyond those set out in this article may be imposed by the local political entity through the responsible authority.

Upon request by the director and assurance by the director that minimum requirements have been met, identification cards registering a reserve's status may be issued by the Department of Public Safety.

Section 24-5-350.   A reserve shall serve and function as a jailer or detention officer only on specific orders and directions of the director. To maintain status, a reserve shall perform a minimum logged service time of ten hours a month or thirty hours a quarter.

No reserve detention officer shall perform any jailer or detention officer duties except under the direct supervision of a full-time jailer or detention officer. A reserve shall not assume full-time duties of jailers or detention officers without complying with the requirements for full-time jailers and detention officers.

A department utilizing reserves shall have at least one full-time officer as a coordinator-supervisor who must be responsible directly to the director.

Section 24-5-360.   A reserve who has been in active status for at least two years and desires to become a full-time jailer or detention officer, upon application of his director to the Department of Public Safety and upon completion of other existing requirements, may be accepted at the South Carolina Criminal Justice Academy for additional hours of training required by the Department of Public Safety pursuant to Article 9, Chapter 6 of Title 23.

Section 24-5-370.   A currently certified full-time jailer or detention officer who leaves his position under honorable conditions within twelve months, at the request of his director and with the concurrence of the Department of Public Safety, may be issued a registration card identifying him as a member of the reserve if the use of reserve detention officers has been approved by the responsible authority. The officer is not required to undergo the preliminary training for reserves but is required to have a current physical exam and to continue the same annual in-service training requirements as regular full-time jailers or detention officers.

Section 24-5-380.   The uniforms and equipment issued by the political entity shall remain the property of the entity but, in the discretion of the director, may be entrusted to the care and control of the reserve. A reserve shall wear a uniform which will identify him as a jailer or detention officer. Handguns, if issued, must be of a caliber approved by the responsible authority.

Section 24-5-390.   Workers' Compensation benefits may be provided for reserves by the governing body in the same manner benefits are provided for full-time jailers or detention officers.

For purposes of compensation or benefits arising from duty-related injury or death, reserves must be considered employees of the political entities for which they were appointed and must be included with regular duty jailers or detention officers in the assigned responsibility for prevention, suppression, and control of crime."

SECTION   2.   Sections 24-5-10 through 24-5-170 are designated as Article 1, entitled "General Provisions".

SECTION   3.   This act takes effect upon approval by the Governor./

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.

ADOPTED

S. 630 -- Senators Land, Elliott, Holland, Stilwell, Rankin, Matthews, Ford, Jackson, Reese, Lander, Moore, Mescher, Passailaigue, Glover, O'Dell, Bryan, J. Verne Smith, Courson, Setzler, Patterson, Saleeby, Washington, Russell and Hayes: A CONCURRENT RESOLUTION URGING CONGRESS NOT TO REDUCE FUNDING FOR AMTRAK AND TO TAKE OTHER STEPS TO PRESERVE THE AMTRAK SYSTEM.

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

CARRIED OVER

H. 3534 -- Reps. Wilkins, Tripp, Knotts, Whatley, Harrell, Wofford, A. Young, Hutson, Sandifer, Walker, Littlejohn, Herdklotz, Jaskwhich, Meacham, Fleming, Cain, Kelley, Simrill, Law, Mason, Jennings, Kennedy, Cato, Rice, Klauber, Stuart, Gamble, J. Young, Cotty, Shissias, Haskins, Harrison, Riser, Huff, Robinson, Marchbanks, H. Brown, Witherspoon, Baxley, Lanford, Waldrop and Easterday: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTER 10 ENACTING THE ENTERPRISE ZONE ACT OF 1995 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF ENTERPRISE ZONES IN WHICH VARIOUS TAX INCENTIVES MAY APPLY FOR BUSINESSES, TO PROVIDE THE CRITERIA FOR AREAS TO QUALIFY AS ENTERPRISE ZONES, TO PROVIDE THAT BUSINESSES QUALIFY FOR ENTERPRISE ZONE INCENTIVES BY MEANS OF ENTERING INTO A REVITALIZATION AGREEMENT WITH THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, TO PROVIDE INCENTIVES, DEPENDING ON ELIGIBILITY, THAT INCLUDE THE MAXIMUM CREDIT ALLOWED UNDER THE TARGETED JOBS TAX CREDIT AND AN ADDITIONAL CREDIT FOR EMPLOYEES FORMERLY RECEIVING AFDC, FEE IN LIEU OF TAXES FOR PROPERTY TAXES, RETAINING AN AMOUNT OF EMPLOYEE WAGES NOT TO EXCEED FIVE PERCENT FOR FIFTEEN YEARS FOR DEVELOPMENT EXPENSES AND ALLOWING INDIVIDUAL INCOME TAX CREDITS FOR EMPLOYEES AND WITHHOLDING TAX CREDITS FOR EMPLOYERS AND EMPLOYEES EQUAL TO THE RETAINED AMOUNT, AND TO PROVIDE THE CRITERIA FOR SELECTING OF QUALIFYING BUSINESSES AND PROJECTS.

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

H. 3103 -- Reps. Shissias, Simrill, Cromer, L. Whipper, S. Whipper, Stille, Kelley, Richardson, Gamble, Phillips and Spearman: A BILL TO AMEND SECTION 43-5-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING SUPPORT PAYMENTS FROM ABSENT PARENTS, SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO PURSUE STATE AND FEDERAL TAX REFUND OFFSETS FOR DELINQUENT CHILD SUPPORT PAYMENTS EVEN IF PERIODIC PAYMENTS ON THE DELINQUENCY ARE BEING MADE OR EVEN IF THE DELINQUENT AMOUNT HAS BEEN PLACED IN ABEYANCE.

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

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

DEBATE INTERRUPTED

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.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 2 (JUD0041.008) proposed by Senator McCONNELL and previously printed in the Journal of Wednesday, March 1, 1995.

Senator COURSON spoke on the Bill.

Senator LAND argued contra to the Bill.

With Senator LAND retaining the floor, Senator COURSON asked unanimous consent to make a motion that the Senate recede from business until 2:00 P.M.

Senator LAND moved that the Senate stand adjourned.

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

Ayes 21; Nays 19

AYES

Bryan                     Drummond                  Elliott
Ford                      Glover                    Jackson
Land                      Lander                    Leatherman
Martin                    Matthews                  O'Dell
Passailaigue              Patterson                 Rankin
Saleeby                   Short                     Smith, G.
Smith, J.V.               Washington                Williams

TOTAL--21

NAYS

Alexander                 Courson                   Courtney
Gregory                   Hayes                     McConnell
Mescher                   Moore                     Peeler
Reese                     Richter                   Rose
Russell                   Ryberg                    Setzler
Stilwell                  Thomas                    Waldrep
Wilson

TOTAL--19

Debate was interrupted by adjournment.

MOTION ADOPTED
On motion of Senator MESCHER, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Honorable Woodrow Hodges, Colleton County Magistrate.

ADJOURNMENT

At 12:25 P.M., on motion of Senator LAND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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