SENATE JOURNAL for Mar. 30, 1995 - South Carolina Legislature Online

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

THURSDAY, MARCH 30, 1995

Thursday, March 30, 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, the Apostle John recorded the words of Jesus when he said (4:34):

"My food is to do the will of

Him who sent me,

And to complete His work..."
Let us pray.

Dear Lord, and Father of us all, Whose ways are above our ways and Whose thoughts are beyond our understanding:

Sometimes we come to the simple realization that we are struggling to succeed in our professions, and striving for achievement in our careers, forgetting that our real calling is to live out our years on this planet as children of our God; and to find our personal fulfillment in striving each day to do the work of God, which men call "bringing in the Kingdom."

As we struggle each day in the wilderness of everyday life... with inflation... economic and political woes... budgets... the threats of war... and peace delayed... may we hear anew the ancient voice, saying:

"MAN SHALL NOT LIVE BY BREAD ALONE,

BUT BY EVERY WORD THAT PROCEEDETH

OUT OF THE MOUTH OF GOD."

Amen.

MOTION ADOPTED

Senator WILLIAMS asked unanimous consent to make a motion that the Senate stand in recess for one hour except that at 11:15 A.M., the Lieutenant Governor would be authorized to ratify acts; and, upon completion of the ratification of acts, the Senate would stand in recess until 12:15 P.M.

RECESS

At 11:15 A.M., on motion of Senator WILLIAMS, with unanimous consent, the Senate receded from business until 12:15 P.M.

At 12:08 P.M., the Senate resumed.

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 11:15 A.M. and the following Acts and Joint Resolutions were ratified:

(R21) 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: AN ACT 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 ADVISORY 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 BASED ON HOURLY WAGES BUT NOT EXCEEDING FIVE PERCENT FOR FIFTEEN YEARS FOR DEVELOPMENT EXPENSES AND RETAINING AN AMOUNT OF EMPLOYEE WAGES NOT TO EXCEED FIVE HUNDRED DOLLARS A YEAR AND NOT MORE THAN TWO THOUSAND DOLLARS OVER FIVE YEARS FOR PRODUCTION EMPLOYEE RETRAINING AND ALLOWING WITHHOLDING TAX CREDITS FOR EMPLOYERS EQUAL TO THE RETAINED AMOUNT, AND TO PROVIDE THE CRITERIA FOR SELECTING OF QUALIFYING BUSINESSES AND PROJECTS; TO AMEND TITLE 12, RELATING TO TAXATION, BY ADDING CHAPTER 14 ENACTING THE ECONOMIC IMPACT ZONE COMMUNITY DEVELOPMENT ACT OF 1995 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF ECONOMIC IMPACT ZONES ON AND IN THE VICINITY OF CLOSED OR REALIGNED MILITARY INSTALLATIONS AND IN OTHER AREAS DETERMINED BY THE STATE BUDGET AND CONTROL BOARD TO BE ADVERSELY IMPACTED BY SUCH CLOSURES OR REALIGNMENTS IN WHICH VARIOUS TAX INCENTIVES MAY APPLY INCLUDING AN INCOME TAX DEDUCTION FOR A PORTION OF THE COST OF ECONOMIC IMPACT ZONE STOCK AND AN INVESTMENT INCOME TAX CREDIT EQUAL TO FIVE PERCENT OF THE AGGREGATE BASES OF ECONOMIC IMPACT ZONE QUALIFIED MANUFACTURING AND PRODUCTIVE EQUIPMENT PROPERTIES AND TO PROVIDE DEFINITIONS AND LIMITATIONS; AND TO AMEND SECTION 12-7-1200, RELATING TO THE USE OF THE ACCOUNTING METHODS OF TAXPAYERS FOR THE PURPOSE OF DETERMINING NET INCOME, SO AS TO ALLOW TAXPAYERS TO PETITION THE DEPARTMENT OF REVENUE AND TAXATION FOR AN ACCOUNTING METHOD THAT MORE ACCURATELY REFLECTS THEIR BUSINESS ACTIVITY IN THIS STATE AND AUTHORIZE THE DEPARTMENT TO ENTER INTO AGREEMENTS FOR CERTAIN TAXPAYERS FOR NOT MORE THAN FIVE YEARS ESTABLISHING A PARTICULAR METHOD OF ALLOCATION AND APPORTIONMENT OF THE TAXPAYERS' INCOME AND TO PROVIDE THE CRITERIA THAT MUST BE MET FOR SUCH AN AGREEMENT.

(R22) S. 294 -- Senator Land: AN ACT TO AMEND SECTION 48-11-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERSHED CONSERVATION DISTRICTS, SO AS TO DELETE THE PROVISION FOR BACK SWAMP WATERSHED CONSERVATION DISTRICT IN LEE COUNTY WHICH NEVER HAS IMPLEMENTED A PROJECT OR WORK OF IMPROVEMENT; TO DISSOLVE THE DISTRICT; AND TO REPEAL ACT 602 OF 1961 RELATING TO THE AUTHORIZATION TO CREATE THE DISTRICT.

(R23) S. 329 -- Senators Giese, Passailaigue, Glover, Bryan, Lander, Reese, Rose and Russell: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO STUDY WHETHER THERE IS A NEED FOR SPECIAL LICENSING CRITERIA FOR FACILITIES WHICH PROVIDE CARE UNITS AND OTHER PROGRAMS FOR ALZHEIMER'S DISEASE AND RELATED DISORDERS PATIENTS AND TO REPORT ITS FINDINGS TO THE JOINT LEGISLATIVE COMMITTEE ON AGING.

(R24) S. 356 -- Senator Bryan: AN ACT TO AMEND SECTION 8-21-770(B), AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF FEES AND COSTS IN ESTATE AND CONSERVATORSHIP PROCEEDINGS, SO AS TO SPECIFY THAT FEES IN ESTATE AND CONSERVATORSHIP PROCEEDINGS MUST BE BASED UPON THE GROSS VALUE OF THE DECEDENT'S PROBATE ESTATE OR THE PROTECTED PERSON'S ESTATE; TO PROVIDE FOR A RETROACTIVE REFUND OF THE DIFFERENCE BETWEEN THE CURRENT ESTATE AND CONSERVATORSHIP FEES PAID AFTER AUGUST 15, 1994, AND THE REDUCED FEES PROVIDED BY THE ABOVE PROVISIONS; TO AMEND SECTION 14-23-1050, RELATING TO BONDS OF PROBATE JUDGES AND ASSOCIATE PROBATE JUDGES, SO AS TO INCREASE THE AMOUNT OF THE REQUIRED BOND; TO AMEND SECTION 62-3-203, RELATING TO PERSONS QUALIFIED TO SERVE AS A PERSONAL REPRESENTATIVE, SO AS TO PROHIBIT PROBATE JUDGES FROM SERVING AS A PERSONAL REPRESENTATIVE UNDER CERTAIN CONDITIONS; TO AMEND SECTION 62-5-410, RELATING TO WHO MAY BE APPOINTED CONSERVATOR OF THE ESTATE OF A PROTECTED PERSON, SO AS TO PROHIBIT A PROBATE JUDGE OR AN EMPLOYEE OF THE PROBATE COURT FROM SERVING AS A CONSERVATOR UNDER CERTAIN CONDITIONS.

(R25) S. 494 -- Senator Courtney: AN ACT TO PROVIDE A MINIMUM DISTANCE WITHIN WHICH A COMMERCIAL CONSTRUCTION, DEMOLITION, AND LAND-CLEARING LANDFILL IN SPARTANBURG COUNTY MAY NOT BE LOCATED FROM AN EXISTING AQUACULTURE FARM OR FACILITY AND TO PROVIDE EXCEPTIONS AND DEFINITIONS.

(R26) S. 535 -- Senator Moore: AN ACT TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS, SO AS TO REVISE THE AREAS FOR AIKEN COUNTY.

(R27) S. 585 -- Senator Reese: AN ACT TO AMEND ACT 813 OF 1946, AS AMENDED, RELATING TO THE CREATION OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE COMMISSION.

(R28) S. 636 -- Senators Washington and Mescher: AN ACT TO REPEAL ACT 16 OF 1973 RELATING TO THE ELECTION OF THE COLLETON COUNTY VETERANS AFFAIRS OFFICER.

(R29) H. 3073 -- Reps. Kirsh and Stille: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-19-25 SO AS TO PROVIDE FOR VOLUNTARY INSPECTION OF CERTAIN BIRDS BY THE LIVESTOCK-POULTRY HEALTH COMMISSION.

(R30) H. 3103 -- Reps. Shissias, Simrill, Cromer, L. Whipper, S. Whipper, Stille, Kelley, Richardson, Gamble, Phillips and Spearman: AN ACT 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.

(R31) H. 3191 -- Reps. P. Harris, Neilson, Waldrop, J. Brown, Inabinett, Rhoad and Shissias: AN ACT 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.

(R32) H. 3199 -- Rep. Koon: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA COMMISSION ON SPORTING DOGS AND FIELD TRIALS TO ASSESS THE IMPACT ON THE STATE FOR DEVELOPING FIELD TRIAL FACILITIES AND TO DEVELOP A PLAN FOR THE FACILITIES; TO PROVIDE FOR THE MEMBERS OF THE COMMISSION AND AN ADVISORY COMMITTEE; TO AUTHORIZE CONSULTATION WITH PUBLIC AND PRIVATE AGENCIES AND ORGANIZATIONS; AND TO PROVIDE REPORTING REQUIREMENTS AND FOR TERMINATION OF THE COMMISSION JANUARY 1, 1999.

(R33) H. 3205 -- Reps. Stuart, Riser and Koon: AN ACT TO PROVIDE FOR THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT 1, TO PROVIDE FOR A SPECIAL ELECTION IN 1995 FOR THE PURPOSE OF ELECTING CERTAIN MEMBERS OF THE BOARD TO SERVE UNTIL 1998, TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE SCHOOL TRUSTEE ELECTIONS SHALL BE CONDUCTED IN THE 1995 SPECIAL ELECTION AND BEGINNING WITH THE 1996 REGULAR ELECTION, AND TO REPEAL ACT 217 OF 1993 RELATING TO THE ELECTION OF SPECIFIED MEMBERS OF THE BOARD.

(R34) H. 3214 -- Rep. D. Smith: AN ACT TO AMEND SECTION 59-47-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE PERSONS WHO ARE ELIGIBLE FOR SERVICES AT THE SCHOOL FOR THE DEAF AND BLIND, SO AS TO INCLUDE HARD OF HEARING AND VISUALLY IMPAIRED PERSONS.

(R35) H. 3331 -- Rep. Kirsh: AN ACT TO REPEAL SECTION 40-60-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION DATE OF THE SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD.

(R36) H. 3443 -- Labor, Commerce and Industry Committee: AN ACT TO REPEAL SECTION 34-13-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM INVESTMENT OF A BANKING CORPORATION IN REAL ESTATE MORTGAGES.

(R37) H. 3452 -- Reps. Riser, Hines, Inabinett, Rhoad and Witherspoon: AN ACT TO AMEND SECTION 47-4-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIVESTOCK-POULTRY HEALTH COMMISSION, SO AS TO REVISE THE PROVISIONS EXECUTED BY THE COMMISSION; TO AMEND SECTION 47-4-20, RELATING TO DEFINITIONS PERTAINING TO THE COMMISSION, SO AS TO REVISE THE DEFINITION OF "PUBLIC LIVESTOCK MARKET"; TO AMEND SECTION 47-4-50, RELATING TO DISEASES IMPACTING THE LIVESTOCK-POULTRY INDUSTRY, SO AS TO CLARIFY A REFERENCE TO FEDERAL REGULATIONS; TO AMEND SECTION 47-4-60, RELATING TO REQUIREMENTS FOR CERTIFICATES OF VETERINARY INSPECTION, SO AS TO CORRECT PUNCTUATION; TO AMEND SECTION 47-4-110, RELATING TO COMMISSION EMPLOYEES, SO AS TO REVISE THE MAXIMUM NUMBER OF LIVESTOCK LAW ENFORCEMENT OFFICERS; TO AMEND SECTION 47-4-130, RELATING TO PENALTIES FOR VIOLATIONS, SO AS TO INCREASE THE FINE; TO AMEND SECTION 47-11-140, AS AMENDED, RELATING TO VETERINARIANS SERVING AUCTION SALES AT PUBLIC LIVESTOCK MARKETS, SO AS TO REVISE THE REQUIREMENTS FOR PROVISION OF SERVICE BY VETERINARIANS; AND TO AMEND SECTION 47-13-30, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS, SO AS TO CORRECT A REFERENCE IN THE 1976 CODE.

(R38) H. 3453 -- Reps. Riser, Hines, Inabinett, Rhoad and Witherspoon: AN ACT TO AMEND SECTION 46-9-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES PERTAINING TO THE STATE CROP PEST COMMISSION, SO AS TO REVISE THE PENALTIES AND THE PROVISIONS TO WHICH THEY APPLY; AND TO AMEND SECTION 46-13-80, RELATING TO LICENSES UNDER THE PESTICIDE CONTROL ACT, SO AS TO REVISE THE RENEWAL DATE.

(R39) H. 3509 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM - WRITING TEST: MINIMUM STANDARDS OF STUDENT ACHIEVEMENT; SCORING CRITERIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1753, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R40) H. 3575 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION - BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO PROFESSIONAL PRACTICES, THERAPEUTIC MODALITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1758, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R41) H. 3576 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION - BOARD OF MEDICAL EXAMINERS, RELATING TO REQUIREMENTS TO TAKE STEP 3 OF THE UNITED STATES MEDICAL LICENSING EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1773, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R42) H. 3603 -- Reps. Wright and Riser: AN ACT 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.

(R43) H. 3649 -- Reps. Jennings, J. Harris and Kinon: AN ACT TO PROVIDE THAT THE BOARDS OF TRUSTEES OF THE SCHOOL ADMINISTRATIVE AREAS OF MARLBORO COUNTY ARE ABOLISHED AND THEIR POWERS AND DUTIES DEVOLVED UPON THE MARLBORO COUNTY BOARD OF EDUCATION, AND TO PROVIDE THAT THE ABOVE PROVISIONS SHALL NOT BE DEEMED TO ABOLISH THE ADMINISTRATIVE AREAS THEMSELVES.

(R44) H. 3650 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION - LICENSING BOARD FOR CONTRACTORS, RELATING TO DEFINITION OF ROOFING CLASSIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1747, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R45) H. 3714 -- Reps. Rhoad, Bailey, Hutson, Limehouse, Riser and Witherspoon: AN ACT TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT AUTHORIZED TO BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO AUTHORIZE THE USE OF LIVE NONGAME FISH ON THE EDISTO RIVER ON CERTAIN SET HOOKS.

(R46) H. 3796 -- Reps. Walker, Davenport, Phillips and Cato: A JOINT RESOLUTION TO PROVIDE THAT, FOR THE 1994-95 SCHOOL YEAR, SCHOOL DISTRICTS ONE AND TWO IN SPARTANBURG COUNTY ARE EXEMPTED FROM THE REQUIREMENT THAT SCHOOL DAYS MISSED MUST BE MADE UP AS A RESULT OF COMPLICATIONS RESULTING FROM A SEVERE WINTER STORM.

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

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

December 24, 1994
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,
Carroll A. Campbell, Jr.

Local Appointment

Initial Appointment, Bamberg County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

The Honorable Franklin D. Gibson, Route 1, Box 158-BB, Denmark, S.C. 29042 VICE J.E. Bennett (resigned)

Received as information.

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

March 29, 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

Local Appointment

Reappointment, York County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable H. Melvin Howell, 2430 Hopewell Road, Hickory Grove, S.C. 29717

Received as information.

Leave of Absence

At 11:00 A.M., Senator ROSE requested a leave of absence beginning at 11:45 A.M., for the balance of the day.

Leave of Absence

At 11:00 A.M., Senator COURSON requested a leave of absence from 12:30 - 2:00 P.M.

Leave of Absence

At 11:00 A.M., Senator MESCHER requested a leave of absence beginning at 11:30 A.M., for the balance of the day.

Leave of Absence

On motion of Senator CORK, at 12:20 P.M., Senator RICHTER was granted a leave of absence for the balance of the day.

RECALLED, ADOPTED
SENT TO THE HOUSE

S. 632 -- Senator Drummond: A CONCURRENT RESOLUTION REQUESTING THE EMPLOYMENT SECURITY COMMISSION TO TAKE THE NECESSARY STEPS TO ENSURE THAT THE NEW BUILDING AT THE OFFICES OF THE COMMISSION BE NAMED FOR THE HONORABLE C. LEM HARPER, SR., OF COLUMBIA.

Senator DRUMMOND asked unanimous consent to make a motion to recall the Resolution from the Committee on Finance.

There was no objection.

On motion of Senator DRUMMOND, with unanimous consent, the Resolution was adopted.

Adopted

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

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

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.

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

S. 689 -- Senator Thomas: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 2 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT HOUSE MEMBERS MAY SERVE ONLY SIX COMPLETE TWO-YEAR TERMS AND TO PROVIDE THAT HOUSE MEMBERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS SIX NEW TERMS THEREAFTER; PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 6 OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT SENATORS MAY SERVE ONLY THREE COMPLETE FOUR-YEAR TERMS, TO PROVIDE THAT SENATORS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW TERMS THEREAFTER, AND TO REVISE CERTAIN OBSOLETE REFERENCES; AND PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 7 OF THE CONSTITUTION, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT CONSTITUTIONAL OFFICERS MAY SERVE ONLY THREE COMPLETE FOUR-YEAR TERMS AND TO PROVIDE THAT CONSTITUTIONAL OFFICERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW TERMS THEREAFTER.

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

S. 690 -- Senator Thomas: A BILL TO AMEND SECTION 22-3-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S COURT'S EXCLUSIVE AND CONCURRENT JURISDICTION, SO AS TO PROVIDE THE MAGISTRATE'S COURT'S CONCURRENT JURISDICTION OVER SECOND AND SUBSEQUENT OFFENSE PROCEEDINGS FOR DRIVING WHILE A PERSON IS UNDER THE UNLAWFUL INFLUENCE OF NARCOTICS, LIQUOR, DRUGS, OR OTHER SUBSTANCES, AND DRIVING WHILE A PERSON'S DRIVER'S LICENSE IS CANCELED, SUSPENDED, OR REVOKED.

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

S. 691 -- Senator Giese: A BILL TO AMEND SECTION 44-6-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION AND RELEASE OF HEALTH CARE DATA, SO AS TO PROVIDE FOR THE DUTIES OF THE DATA OVERSIGHT COUNCIL; TO DIRECT THE OFFICE OF RESEARCH AND STATISTICS TO PROMULGATE REGULATIONS FOR THE COLLECTION OF INPATIENT AND OUTPATIENT INFORMATION; TO REVISE PROCEDURES FOR RELEASE OF INFORMATION; TO DELETE SPECIFIC INFORMATION TO BE REPORTED AND TO REQUIRE INFORMATION TO BE REPORTED IN ACCORDANCE WITH REGULATIONS; TO REQUIRE CERTAIN FACILITIES PROVIDING OUTPATIENT SERVICES TO REPORT OUTPATIENT INFORMATION; AND TO PROVIDE PENALTIES FOR FAILURE TO REPORT.

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

S. 692 -- Senators Alexander, Courson, Giese, Leatherman, Martin, Rose, Russell, Thomas and Ryberg: A BILL TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR AND ENFORCEMENT OF VIOLATIONS OF THE MANDATORY USE OF SEAT BELTS PROVISION, SO AS TO DELETE THE PROVISION THAT BOTH REQUIRE A VIOLATION NOT TO CONSTITUTE NEGLIGENCE PER SE OR CONTRIBUTORY NEGLIGENCE AND NOT BE ADMISSIBLE AS EVIDENCE IN A CIVIL ACTION.

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

S. 693 -- Senators Martin and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1335 SO AS TO REQUIRE A COURT TO CONFISCATE THE LICENSE PLATE AND MOTOR VEHICLE REGISTRATION OF EACH MOTOR VEHICLE REGISTERED IN THE NAME OF A PERSON CONVICTED OF CERTAIN CRIMES, TO PROVIDE THE PERIOD A PERSON WHOSE LICENSE PLATE HAS BEEN CONFISCATED MAY NOT APPLY FOR A NEW LICENSE, TO PROVIDE THE PROCEDURE FOR WHICH A LICENSE PLATE MUST BE SURRENDERED, TO PROVIDE THE PENALTY FOR A PERSON WHO FAILS TO SURRENDER A LICENSE, AND TO ALLOW A SPECIAL LICENSE PLATE TO BE ISSUED TO DRIVERS IN THE HOUSEHOLD OF A PERSON WHOSE LICENSE PLATE HAS BEEN CONFISCATED; TO AMEND SECTION 56-9-500, RELATING TO THE SUSPENSION OF A MOTOR VEHICLE REGISTRATION UPON SUSPENSION OR REVOCATION OF A PERSON'S DRIVER'S LICENSE AND THE CONTINUATION OF THE SUSPENSION UNTIL FINANCIAL RESPONSIBILITY IS PROVEN, SO AS TO NOT PERMIT A PERSON WHOSE MOTOR VEHICLE REGISTRATION MAY BE SUSPENDED UNDER CERTAIN CIRCUMSTANCES TO AVOID SUSPENSION BY MAINTAINING PROOF OF FINANCIAL RESPONSIBILITY ON ALL VEHICLES REGISTERED TO HIM; AND TO REPEAL SECTION 56-3-1340 RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE NOT AUTOMATICALLY SUSPENDING A PERSON'S MOTOR VEHICLE REGISTRATION OR LICENSE PLATES.

Senator MARTIN spoke on the Bill.

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

S. 694 -- Senator McGill: A CONCURRENT RESOLUTION TO ESTABLISH APRIL 20TH AS CHICORA INDIAN DAY IN RECOGNITION OF THE CHICORA INDIAN TRIBE'S HISTORICAL SIGNIFICANCE AND CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA.

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

H. 3642 -- Reps. Koon, Gamble, Knotts, Riser, Spearman, Stuart and Wright: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO TAKE IMMEDIATE ACTION TO STOP THE DUMPING INTO THE AMERICAN MARKET OF VELVET IMPORTED FROM OTHER COUNTRIES AND TO REQUEST THE CONGRESS TO EXTEND THE IMPORTED VELVET DUTY TAX WHICH IS TO EXPIRE AT THE END OF 1996.

Whereas, it has come to the attention of the members of the General Assembly that vast quantities of cheaply produced velvet are being imported into the United States from overseas including such countries as South Korea; and

Whereas, while it is true that velvet can be produced in these countries at competitive prices, it is an unfair trade practice for foreign producers to sell velvet in this country far below its market price and possibly its production price in an attempt to force United States manufacturers out of business; and

Whereas, in recent years United States velvet manufacturers, with the assistance of federal and state officials, have been partially successful in limiting the amount of imported velvet which may be shipped into this country; and

Whereas, domestic velvet producers can compete with foreign producers provided that foreign producers adhere to the laws of this country which prohibit the practice of "dumping"; and

Whereas, there is also presently an imported velvet duty tax which is scheduled to expire at the end of 1996, and an extension of this tax would substantially help in bringing balance to the United States velvet market; and

Whereas, if steps are not taken to immediately deal with this problem, all competition in the velvet industry could be eliminated to the detriment of American consumers as American manufacturers are forced out of the marketplace. Now, therefore,

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

That the members of the General Assembly, by this resolution, hereby memorialize the Congress of the United States to take immediate action to stop the dumping into the American market of velvet imported from other countries and request the Congress to extend the imported velvet duty tax which is to expire at the end of 1996.

Be it further resolved that copies of this resolution be forwarded to the President of the United States Senate; the Speaker of the United States House of Representatives; and all members of the South Carolina Congressional Delegation in Washington, D.C.

Referred to the Committee on Labor, Commerce and Industry.

H. 3885 -- Reps. Knotts, Wright, Riser, Koon, Gamble, Stuart and Spearman: A CONCURRENT RESOLUTION TO COMMEND THE IRMO-CHAPIN SENIOR BASKETBALL TEAM FOR WINNING THE GOLD MEDAL AT THE UNITED STATES NATIONAL SENIOR OLYMPICS IN BATON ROUGE, LOUISIANA, AND TO EXTEND TO THE TEAM AND ITS COACH THE PRIVILEGE OF THE HOUSE FLOOR AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED FOR THEIR TRULY OUTSTANDING ACCOMPLISHMENTS.