Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index
| Printed Page 70, Jan. 10 | Printed Page 90, Jan. 10 |
Printed Page 80 . . . . . Tuesday, January 10, 1995
S. 233 -- Senators Ryberg, Courson, Rose, Lander, Wilson, Elliott, Hayes, Rankin and Matthews: A BILL TO AMEND SUBARTICLE 3, ARTICLE 9, CHAPTER 7, TITLE 20 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD SUPPORT, BY ADDING SECTIONS 20-7-940 AND 20-7-941 TO PROVIDE A PROCEDURE FOR DENYING, REVOKING, OR FAILING TO RENEW A PROFESSIONAL, HUNTING OR FISHING, OR DRIVER'S LICENSE WHEN THE APPLICANT IS MORE THAN THIRTY CALENDAR DAYS PAST DUE IN PAYING CHILD SUPPORT AND TO AMEND SECTION 20-7-420, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO PLACE JUDICIAL REVIEW UNDER SECTION 20-7-941 WITHIN THE EXCLUSIVE JURISDICTION OF THE FAMILY COURT.

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

S. 234 -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-31-210 SO AS TO PROVIDE THAT ANY PERSON WHO POSSESSES A PISTOL THAT BECOMES LOST OR STOLEN, WHETHER OR NOT HE HAS BEEN ISSUED A PERMIT THEREFOR AS PROVIDED BY LAW, SHALL REPORT SUCH FACT TO THE APPROPRIATE LOCAL LAW

Printed Page 81 . . . . . Tuesday, January 10, 1995
ENFORCEMENT AGENCY AND TO THE STATE LAW ENFORCEMENT DIVISION WITHIN FIVE DAYS AFTER HE DETERMINES IT HAS BEEN LOST OR STOLEN, TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION SHALL MAINTAIN THIS INFORMATION FOR USE BY LOCAL, STATE, AND FEDERAL LAW ENFORCEMENT AGENCIES AND PROSECUTORS IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES, AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR FAILURE TO MAKE SUCH REPORT.

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

S. 235 -- Senators Wilson, Ryberg, J. Verne Smith, Russell, Courson, Rose and O'Dell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE ADJUTANT GENERAL FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE 1998 GENERAL ELECTION, HE MUST BE APPOINTED BY THE GOVERNOR FOR A TERM COTERMINOUS WITH THAT OF THE GOVERNOR WITH THOSE QUALIFICATIONS THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW, AND PROPOSING AN AMENDMENT TO SECTION 4 OF ARTICLE XIII, RELATING TO THE ADJUTANT GENERAL AND HIS STAFF OFFICERS, SO AS TO UPDATE REFERENCES TO HIS MILITARY RANK, AND TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE 1998 GENERAL ELECTION, HE SHALL BE APPOINTED BY THE GOVERNOR IN THE MANNER PROVIDED IN SECTION 7 OF ARTICLE VI ABOVE.

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

S. 236 -- Senators Russell, Courtney and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 5-3-15 AND 55-11-185 SO AS TO PROVIDE THAT THE REAL PROPERTY OWNED BY AN AIRPORT DISTRICT COMPRISED OF MORE THAN ONE COUNTY MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GOVERNING BODY OF THE DISTRICT, AND

Printed Page 82 . . . . . Tuesday, January 10, 1995
PROVIDE THAT THE REAL PROPERTY OWNED BY THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GREENVILLE-SPARTANBURG AIRPORT COMMISSION.

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

S. 237 -- Senators Short, Elliott, Hayes, Rankin and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 20-7-940 AND 20-7-941 SO AS TO ESTABLISH PROCEDURES FOR WITHHOLDING ISSUANCE OR RENEWAL OF A PROFESSIONAL OR BUSINESS LICENSE WHEN THE APPLICANT IS MORE THAN THIRTY CALENDAR DAYS PAST DUE IN PAYING SUPPORT PURSUANT TO AN ORDER BEING ENFORCED BY THE STATE DEPARTMENT OF SOCIAL SERVICES UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO FAMILY COURT JURISDICTION, SO AS TO AUTHORIZE THE COURT TO CONDUCT JUDICIAL REVIEWS RELATIVE TO THESE LICENSE MATTERS.

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

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

Printed Page 83 . . . . . Tuesday, January 10, 1995
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.

Read the first time and referred to the Committee on Banking and Insurance.

S. 239 -- Senators McConnell, Elliott, Courson, Rose and Leventis: A BILL TO AMEND SECTION 24-21-645, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAROLE ORDERS, SO AS TO REQUIRE ALL MEMBERS OF THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES TO AUTHORIZE AND SIGN ORDERS AUTHORIZING PAROLE FOR PERSONS CONVICTED OF A VIOLENT CRIME.

Read the first time and referred to the Committee on Corrections and Penology.

S. 240 -- Senators McConnell, Elliott, Rose and O'Dell: A BILL TO AMEND SECTIONS 22-9-10, 22-9-20, 22-9-70, 22-9-80, AND SECTION 22-9-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSTABLES, SO AS TO PROVIDE THAT CONSTABLES MAY BE EMPLOYED BY A COUNTY AND IN THE EVENT THE COUNTY CHOOSES NOT TO EMPLOY CONSTABLES, EACH MAGISTRATE MAY APPOINT ONE CONSTABLE WITHIN HIS JURISDICTION, AND TO CONFORM OTHER PERTINENT PROVISIONS OF LAW PERTAINING TO CONSTABLES TO THE ABOVE PROVISIONS.

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

S. 241 -- Senators Gregory and Elliott: A BILL TO AMEND SECTION 56-5-750, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO STOP FOR A LAW

Printed Page 84 . . . . . Tuesday, January 10, 1995
ENFORCEMENT VEHICLE, SO AS TO CHANGE THE OFFENSE FROM A MISDEMEANOR TO A FELONY AND TO INCREASE THE PENALTIES.

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

S. 242 -- Senators Gregory, Rose, Hayes and Giese: A BILL TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPLIED CONSENT TO CHEMICAL BREATH TESTS TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS IN OPERATORS OF MOTOR VEHICLES, SO AS TO INCREASE FROM NINETY TO ONE HUNDRED EIGHTY DAYS THE TIME A DRIVER'S LICENSE MUST BE SUSPENDED FOR REFUSAL TO SUBMIT TO A CHEMICAL BREATH TEST.

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

S. 243 -- Senators Land and Elliott: A BILL TO AMEND SECTION 12-21-2720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING FEES ON COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT THE STATE LICENSING FEES COLLECTED ON A VIDEO GAME WITH A FREE PLAY FEATURE MUST BE REMITTED ANNUALLY TO THE COUNTY IN WHICH THE LICENSED MACHINE IS LOCATED AND USED BY THE GOVERNING BODY OF THE COUNTY TO ROLLBACK COUNTY AD VALOREM TAXES.

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

S. 244 -- Senators Reese and Elliott: A BILL TO AMEND SECTION 36-2-806, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER AND PROOF OF SERVICE OF PROCESS SERVED OUTSIDE THIS STATE, SO AS TO DELETE AN AUTHORIZATION TO MAKE SUCH SERVICE PURSUANT TO A REFERENCED RULE IN THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE WHICH REQUIRES REGISTERED OR CERTIFIED MAIL ADDRESSED ONLY TO THE PERSON TO BE SERVED AND INSTEAD PROVIDE THAT SUCH SERVICE MAY BE MADE BY ANY FORM OF MAIL ADDRESSED TO THE PERSON TO BE SERVED AND REQUIRING A SIGNED RECEIPT, AND TO PROVIDE THAT PROOF OF SUCH SERVICE AS ABOVE PROVIDED MAY INCLUDE NOT ONLY A SIGNED RECEIPT BUT ALSO OTHER

Printed Page 85 . . . . . Tuesday, January 10, 1995
EVIDENCE OF DELIVERY TO THE ADDRESSEE SATISFACTORY TO THE COURT.

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

S. 245 -- Senators Reese and Rose: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENT, BY ADDING CHAPTER 12 SO AS TO ENACT THE OPTIONAL SPECIAL SALES AND USE TAX ACT.

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

S. 246 -- Senators Martin and O'Dell: A BILL TO AMEND SECTION 56-5-6240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE, CONFISCATION, AND SALE OF CERTAIN MOTOR VEHICLES, SO AS TO PROVIDE FOR SUCH FORFEITURE UPON A SECOND OR SUBSEQUENT, RATHER THAN A FOURTH OR SUBSEQUENT, VIOLATION OF DUS (DRIVING UNDER SUSPENSION) AND UPON A SECOND OR SUBSEQUENT, RATHER THAN A FOURTH OR SUBSEQUENT, VIOLATION OF DUI (DRIVING UNDER THE INFLUENCE), AND TO PROVIDE FOR SUCH FORFEITURE UPON A SECOND OR SUBSEQUENT VIOLATION WITHIN THE LAST TEN YEARS OF KNOWINGLY OPERATING AN UNINSURED MOTOR VEHICLE SUBJECT TO REGISTRATION IN THIS STATE OR KNOWINGLY ALLOWING THE OPERATION OF AN UNINSURED MOTOR VEHICLE SUBJECT TO REGISTRATION IN THIS STATE.

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

S. 247 -- Senators Passailaigue, Elliott, Rose and McConnell: A BILL TO AMEND SECTION 61-9-312, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PERMITS FOR OFF-PREMISES CONSUMPTION AND DISPOSITION OF REVENUE, SO AS TO PROVIDE THAT SUCH REVENUE WILL BE CREDITED TO THE GENERAL FUND OF THE STATE TO BE APPROPRIATED IN PROPORTIONATE SHARES TO THE SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY AND THE COUNTY GENERAL FUND IN THE COUNTY IN WHICH THE REVENUE IS GENERATED FOR CONSTRUCTION AND REPAIR OF INFRASTRUCTURE AND TO DEFINE INFRASTRUCTURE; TO AMEND SECTION 12-21-1120, RELATING TO BEER AND WINE LICENSE TAXES, SO AS TO PROVIDE THAT THE REVENUE COLLECTED FROM SPECIAL PERMITS UNDER SECTION 61-9-312

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SHALL BE CREDITED TO THE GENERAL FUND OF THE STATE TO BE APPROPRIATED IN PROPORTIONATE SHARES TO THE SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY AND THE COUNTY GENERAL FUND IN THE COUNTY IN WHICH THE REVENUE IS GENERATED TO BE USED FOR CONSTRUCTION AND REPAIR OF INFRASTRUCTURE; AND TO AMEND SECTION 12-21-2720, RELATING TO LICENSES FOR COIN-OPERATED DEVICES OR MACHINES, SO AS TO PROVIDE THAT THE REVENUE GENERATED FROM THE LICENSING OF CERTAIN COIN-OPERATED DEVICES SHALL BE CREDITED TO THE GENERAL FUND OF THE STATE TO BE APPROPRIATED IN PROPORTIONATE SHARES TO THE SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY AND THE COUNTY GENERAL FUND IN THE COUNTY IN WHICH THE REVENUE IS GENERATED.

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

S. 248 -- Senators Mitchell and Washington: A BILL TO AMEND SECTION 16-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO REPEAL THE PROVISIONS REQUIRING THE CRIME TO BE DEFINED AS A VIOLENT CRIME AT THE TIME IT WAS COMMITTED.

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

S. 249 -- Senators Mitchell and Washington: A BILL TO AMEND SECTIONS 23-3-430 AND 23-3-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE THAT ONLY THOSE PERSONS WHO WERE SEVENTEEN YEARS OF AGE OR MORE AT THE TIME OF COMMISSION OF THE OFFENSE ARE REQUIRED TO REGISTER AS A SEX OFFENDER.

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

S. 250 -- Senators Martin, Courtney, Courson, Rose and Leventis: A BILL TO AMEND SECTION 16-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO PROVIDE THAT THE SENTENCE FOR A PERSON CONVICTED OF MURDER MUST BE LIFE IMPRISONMENT WITHOUT ELIGIBILITY FOR PAROLE WHEN AN

Printed Page 87 . . . . . Tuesday, January 10, 1995
AGGRAVATING CIRCUMSTANCE IS FOUND AND WHEN THE IMPOSITION OF THE DEATH PENALTY IS NOT RECOMMENDED.

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

S. 251 -- Senators Hayes and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2A TO TITLE 36 SO AS TO MAKE GENERAL PROVISIONS TO THE UNIFORM COMMERCIAL CODE REGARDING LEASES AND TO PROVIDE FOR THE FORMATION, CONSTRUCTION, EFFECT, PERFORMANCE, AND DEFAULT OF A LEASE CONTRACT; AND TO AMEND SECTIONS 36-1-105, 36-1-201(37), AND 36-9-113, RELATING TO OTHER PROVISIONS OF THE UNIFORM COMMERCIAL CODE, SO AS TO REVISE THESE PROVISIONS TO CONFORM THEM TO THE ABOVE PROVISIONS OF CHAPTER 2A; AND BY ADDING CHAPTER 4A TO TITLE 36 SO AS TO MAKE GENERAL PROVISIONS TO THE UNIFORM COMMERCIAL CODE ON FUND TRANSFERS INCLUDING THE ISSUANCE, ACCEPTANCE, AND PAYMENT OF PAYMENT ORDERS.

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

S. 252 -- Senators Hayes and Rose: A BILL TO AMEND CHAPTER 3 OF TITLE 36, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM COMMERCIAL CODE REGARDING NEGOTIABLE INSTRUMENTS, SO AS TO REVISE THE CHAPTER IN ITS ENTIRETY; TO AMEND CHAPTER 4 OF TITLE 36, RELATING TO BANK DEPOSITS AND COLLECTIONS, SO AS TO CONFORM TO THE CHANGES IN CHAPTER 3; TO AMEND SECTIONS 36-1-201, AS AMENDED, AND 36-1-207, RELATING TO GENERAL PROVISIONS OF THE UNIFORM COMMERCIAL CODE, SO AS TO CONFORM TO THE CHANGES IN CHAPTER 3; AND TO AMEND SECTION 36-2-511, RELATING TO TENDER OF PAYMENT IN SALES CHAPTER, SO AS TO CONFORM TO THE CHANGES IN CHAPTER 3.

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

S. 253 -- Senators McConnell and Rose: 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 EXEMPT OWNER-OCCUPIED RESIDENTIAL PROPERTY FROM INCREASES IN FAIR MARKET VALUE OCCURRING WHILE

Printed Page 88 . . . . . Tuesday, January 10, 1995
IN THE HANDS OF THE CURRENT OWNER, TO DEFINE "CURRENT OWNER", AND TO PROVIDE EXCEPTIONS.

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

S. 254 -- Senators McConnell, Rose and Elliott: 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 EXEMPT AN AMOUNT OF THE FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY EQUAL TO INCREASES IN SUCH VALUE OF MORE THAN FIFTEEN PERCENT OVER THREE YEARS AND TO PROVIDE EXCEPTIONS.

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

S. 255 -- Senators McConnell, O'Dell, Rose, Elliott and Giese: 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 EXEMPT PROPERTY RECEIVING THE HOMESTEAD EXEMPTION FROM INCREASES IN FAIR MARKET VALUE DUE TO REASSESSMENT AND TO PROVIDE EXCEPTIONS.

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

S. 256 -- Senators McConnell, Elliott, Rose and O'Dell: 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 EXEMPT OWNER-OCCUPIED RESIDENTIAL PROPERTY FROM INCREASES IN FAIR MARKET VALUE OCCURRING DURING AND AFTER THE TWENTY-FIFTH YEAR OF CONTINUOUS OWNERSHIP AND TO PROVIDE EXCEPTIONS.

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

S. 257 -- Senators Washington and Rose: A BILL TO AMEND SECTION 59-63-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GROUNDS ON WHICH A DISTRICT BOARD OF TRUSTEES MAY EXPEL, SUSPEND, OR TRANSFER PUPILS, SO AS TO FURTHER PROVIDE FOR THOSE ACTIVITIES A PUPIL IS PERMITTED TO ENGAGE IN AND NOT ENGAGE IN UPON HIS SUSPENSION; AND TO ADD SECTION 59-63-215 SO AS TO PROVIDE THAT A DISTRICT BOARD OF TRUSTEES WHICH AUTHORIZES OR ORDERS THE SUSPENSION OF A STUDENT

Printed Page 89 . . . . . Tuesday, January 10, 1995
FROM A CLASS OR FROM SCHOOL MUST PROVIDE FOR AN IN-SCHOOL SUSPENSION PROGRAM IN WHICH INDIVIDUALIZED INSTRUCTION IS GIVEN.

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

S. 258 -- Senator Leventis: A BILL TO AMEND SECTION 59-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL TEACHERS' AND ADMINISTRATORS' SALARIES, SO AS TO DELETE THE REQUIREMENT THAT SCHOOL DISTRICTS MAINTAIN LOCAL SALARY SUPPLEMENTS PER TEACHER AT NO LESS THAN THE PRIOR FISCAL YEAR LEVEL AND INSTEAD PROVIDE THAT A SCHOOL DISTRICT MAY REDUCE THE LOCAL SALARY SUPPLEMENTS, BUT SALARIES MUST NOT BE REDUCED BELOW THE MINIMUM TEACHER SALARY ESTABLISHED BY THE STATE SCHEDULE FOR THE FISCAL YEAR.

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

S. 259 -- Senators Rose and McConnell: A BILL TO AMEND SECTION 56-28-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENFORCEMENT OF MOTOR VEHICLE EXPRESS WARRANTIES, NONCONFORMITY WITH EXPRESS WARRANTIES, AND REQUIRED NOTICE AND REPAIRS, SO AS TO CHANGE THE TERM OF SUCH WARRANTIES FROM "THE FIRST TWELVE MONTHS OF PURCHASE OR THE FIRST TWELVE THOUSAND MILES OF OPERATION, WHICHEVER OCCURS FIRST", TO "THE WARRANTY PERIOD".

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

S. 260 -- Senators O'Dell, Bryan, Elliott, Land, Leatherman, Leventis, Martin, McGill, Waldrep, Washington, Hayes 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.

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

S. 261 -- Senators McConnell, Rose and Passailaigue: A BILL TO AMEND SECTION 1-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZATION OF

Printed Page 90 . . . . . Tuesday, January 10, 1995
THE STATE BUDGET AND CONTROL BOARD TO PROVIDE CERTAIN INSURANCE, SO AS TO PROVIDE THAT IN A TORT LIABILITY INSURANCE POLICY OFFERED TO A POLITICAL SUBDIVISION OF THE STATE BY THE BUDGET AND CONTROL BOARD, THE BOARD SHALL ENSURE THAT THE POLICY INCLUDES AN OPTION FOR COVERAGE FOR THE GOVERNING BODY OF THE POLITICAL SUBDIVISION WHERE THE GOVERNING BODY IS HELD LIABLE ON THE BASIS OF AGENCY, EVEN WHEN THE ACT GIVING RISE TO THE LIABILITY IS AN INTENTIONAL ACT BY AN EMPLOYEE OF THE POLITICAL SUBDIVISION, AND ALTERNATIVELY TO ALLOW THE GOVERNING BODY OF A POLITICAL SUBDIVISION TO PROCURE ITS TORT COVERAGE ON THE OPEN MARKET WHILE MAINTAINING ALL OF ITS OTHER INSURANCE THROUGH THE STATE.

Read the first time and referred to the Committee on Banking and Insurance.

| Printed Page 70, Jan. 10 | Printed Page 90, Jan. 10 |
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