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

WEDNESDAY, APRIL 3, 1996

Wednesday, April 3, 1996
(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, today and tomorrow I shall read portions of the Messianic 53 Chapter of Isaiah. Today beginning at verse 3:

"He was despised and rejected by others;

A man of suffering and acquainted with

infirmity,

And as one from whom others hide their

faces

He was despised, and we held him

of no account."
Let us pray.

Almighty God, we marvel at how the coming of the Messiah into the world was so revealed in the Old Testament at least eight centuries before the birth of Jesus Christ.

We view with awe the gathering of the twelve at supper on the night before He was crucified. He predicted that one among them would betray Him.

We confess that we feel among those who asked, "Lord is it I?"

Grant, O Lord, that throughout all Christendom there may be in time a new birth of faith, and that the Spirit of our Living Lord may rule in the hearts of us all that even we may have a part in the new world order... known by Jesus as the Kingdom of God.

Amen.

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

March 18, 1996
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Statewide Appointments

Initial Appointment, Mining Council, with term to commence June 30, 1993, and to expire June 30, 1997:

DHEC:

Mr. William C. Rowell, EQC Bureau of District Services, DHEC, 2600 Bull Street, Columbia, S.C. 29201 VICE Alfred H. Vang

Referred to the Committee on Agriculture and Natural Resources.

Initial Appointment, Commission on Higher Education, with term to commence July 1, 1996, and to expire July 1, 2000:

At-Large:

Mr. Roger B. Whaley, NationsBank, N.A. (Carolinas), 18th Floor, 1901 Main Street, Columbia, S.C. 29201

Referred to the Committee on Education.

Reappointment, State Board of Pharmacy, with term to commence June 30, 1996, and to expire June 30, 2002:

4th Congressional District:

Charles C. Turner, R.Ph., Shaw's Pharmacy #3, 1633 East North Street, Greenville, S.C. 29607

Referred to the Committee on Medical Affairs.

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

March 29, 1996
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, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence June 30, 1996, and to expire June 30, 2000:

At-Large:

Mr. Harold C. Stowe, CSI Group, Inc., Post Office Box 260001, Conway, S.C. 29526

Received as information.

Doctor of the Day

Senator J. VERNE SMITH introduced Dr. Harold E. Shaw of Greenville, S.C., Doctor of the Day.

NONCONCURRENCE

S. 846 -- Senator Giese: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 72 SO AS TO PROVIDE FOR THE ISSUANCE OF SOUTH CAROLINA OLYMPIC LICENSE PLATES.

The House returned the Bill with amendments.

On motion of Senator GIESE, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

RECALLED

S. 1122 -- Senator Giese: A JOINT RESOLUTION EXTENDING THE DEADLINE FOR APPLYING FOR AGRICULTURAL USE VALUATION FOR PROPERTY TAX YEAR 1995 THROUGH JULY 1, 1996.

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

There was no objection.

On motion of Senator LEVENTIS, with unanimous consent, the Resolution was ordered placed on the Calendar.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1320 -- Senator Wilson: A BILL TO AMEND SECTION 8-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE ALLOWED STATE EMPLOYEES, SO AS TO ELIMINATE THE REQUIREMENT THAT FOR AN EMPLOYEE TO USE SICK LEAVE TO CARE FOR THE EMPLOYEE'S SICK GRANDCHILD, THE GRANDCHILD MUST RESIDE WITH THE EMPLOYEE AND THE EMPLOYEE MUST BE THE GRANDCHILD'S PRIMARY CARETAKER.

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

S. 1321 -- Judiciary Committee: A BILL TO AMEND SECTION 2-1-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MUST ADJOURN ON THE FIRST THURSDAY IN JUNE AND SHALL REMAIN ADJOURNED SUBJECT TO THE JOINT CALL OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 11-9-20, AS AMENDED, RELATING TO PERSONS CHARGED WITH THE DISBURSEMENT OF STATE FUNDS APPROPRIATED BY THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT TRANSFERS OF APPROPRIATIONS MAY NOT EXCEED A SPECIFIED PERCENTAGE OF AN AGENCY'S TOTAL GROSS APPROPRIATION AS SET FORTH IN THE GENERAL APPROPRIATION ACT; TO AMEND SECTION 11-9-890, RELATING TO DELINEATION OF FISCAL YEAR REVENUE ESTIMATES BY QUARTERS, SO AS TO PROVIDE THAT IF AT THE END OF THE FIRST QUARTER OF A FISCAL YEAR, THE QUARTERLY PROJECTIONS ARE THREE PERCENT OR MORE BELOW THE AMOUNTS PROJECTED FOR THAT QUARTER BY THE BOARD OF ECONOMIC ADVISORS, THE BUDGET AND CONTROL BOARD MUST IMMEDIATELY NOTIFY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE IN WRITING OF THIS DETERMINATION; AND TO ADD SECTION 2-1-187, SO AS TO PROVIDE THAT IF A COURT OF COMPETENT JURISDICTION INVALIDATES A REDISTRICTING PLAN FOR EITHER THE SENATE OR THE HOUSE OF REPRESENTATIVES OR THE STATE'S CONGRESSIONAL DISTRICTS WHILE THE GENERAL ASSEMBLY IS NOT IN SESSION, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE MUST JOINTLY CALL THE GENERAL ASSEMBLY BACK INTO REGULAR SESSION FOR CERTAIN PURPOSES.

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

S. 1322 -- Judiciary Committee: A JOINT RESOLUTION TO AMEND ARTICLE III, SECTION 9 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT AFTER THE GENERAL ASSEMBLY CONVENES ON THE SECOND TUESDAY IN JANUARY OF EACH YEAR, THE SENATE AND THE HOUSE OF REPRESENTATIVES MAY RECEDE FOR A TIME PERIOD TO BE DETERMINED BY EACH BODY, AND TO PROVIDE THAT EACH BODY MAY BY APPROPRIATE RULE PROVIDE FOR MEETINGS DURING THE LEGISLATIVE SESSION AS IT SHALL CONSIDER EXPEDIENT; AND TO AMEND ARTICLE III BY DELETING SECTION 21, WHICH PROVIDES THAT NEITHER HOUSE, DURING THE SESSION OF THE GENERAL ASSEMBLY, SHALL WITHOUT THE CONSENT OF THE OTHER ADJOURN FOR MORE THAN THREE DAYS, NOR TO ANY OTHER PLACE THAN THAT IN WHICH IT SHALL BE AT THE TIME SITTING.

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

S. 1323 -- Senator Moore: A SENATE RESOLUTION TO CONGRATULATE THE ST. JOHN UNITED METHODIST CHURCH OF GRANITEVILLE UPON THE OCCASION OF ITS ONE HUNDRED FIFTIETH BIRTHDAY.

The Senate Resolution was adopted.

S. 1324 -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY OF MR. FRANK E. TIMMERMAN, SR., OF EDGEFIELD, A DISTINGUISHED BUSINESS AND CIVIC LEADER AND FORMER MEMBER OF THE SOUTH CAROLINA SENATE, UPON HIS DEATH.

The Senate Resolution was adopted.

S. 1325 -- Senators Reese, Russell and Courtney: A BILL TO AMEND SECTION 50-25-1320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT MOTOR RESTRICTIONS ON LAKE WILLIAM C. BOWEN, SO AS TO INCREASE THE MAXIMUM HORSEPOWER LIMITATION ON OUTDRIVE OR INBOARD MOTORS FROM ONE HUNDRED EIGHTY TO ONE HUNDRED NINETY HORSEPOWER.

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

Ordered to a Second and Third Reading

On motion of Senator REESE, S. 1325 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 1326 -- Senator Reese: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED DURING THE MONTHS OF FEBRUARY AND MARCH, 1996, BY THE STUDENTS OF ANY SCHOOLS WITHIN SCHOOL DISTRICTS 1 THROUGH 7 IN SPARTANBURG COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW AND ICE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

Ordered to a Second and Third Reading

On motion of Senator REESE, S. 1326 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 1327 -- Senators Holland, McGill and Giese: A BILL TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT THE GOVERNOR SHALL NOT REAPPOINT A CURRENT MAGISTRATE WHO FAILED TO MEET THE TRAINING OR CERTIFICATION REQUIREMENTS TO A NEW TERM OR TO FILL A VACANCY IN AN EXISTING TERM.

Senator HOLLAND explained the Bill.

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

Objection

Senator McGILL asked unanimous consent to make a motion that the Bill be given a second and third reading on the next two consecutive legislative days.

Senator PATTERSON objected.

H. 4867 -- Reps. Breeland, Seithel, Hallman, Whatley, L. Whipper, Harrell, Fulmer, S. Whipper and Limehouse: A CONCURRENT RESOLUTION RECOGNIZING COMMUNITY PRIDE OF CHARLESTON COUNTY, INC., AND COMMENDING THIS ORGANIZATION AND CLEMSON UNIVERSITY COOPERATIVE EXTENSION SERVICE FOR THEIR OUTSTANDING EFFORTS TO INSTILL PRIDE IN LOCAL CITIZENS FOR A CLEAN AND HEALTHY ENVIRONMENT.

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

REPORTS OF STANDING COMMITTEE

Senator McCONNELL from the Committee on Judiciary submitted a favorable with amendment report on:

S. 128 -- Senator Rankin: A BILL TO AMEND SECTION 56-1-460 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WHILE LICENSE IS CANCELED, SUSPENDED OR REVOKED, SO AS TO DECREASE THE PERIOD OF INCARCERATION FROM SIXTY TO THIRTY DAYS FOR A SECOND OFFENSE, WHEN THE SUSPENSION IS NOT PURSUANT TO SECTION 56-5-2990, RELATING TO SUSPENSIONS FOR DRIVING UNDER THE INFLUENCE.

Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Judiciary submitted a favorable report on:

S. 659 -- Senators Cork, Greg Smith, Elliott, McConnell and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 5, TITLE 61 SO AS TO PROVIDE FOR HOSPITALITY CABINETS.

Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:

S. 1033 -- Senator Jackson: A BILL TO AMEND SUBARTICLE 7, ARTICLE 9, CHAPTER 7, TITLE 20, RELATING TO THE DISPOSITIONAL POWERS OF THE FAMILY COURT, BY ADDING SECTION 20-7-1331, SO AS TO ENACT THE "YOUTH MENTOR ACT", TO REQUIRE THE ATTORNEY GENERAL TO ESTABLISH A YOUTH MENTOR PROGRAM, CONSISTING OF A CHURCH MENTOR PROGRAM AND A COMMUNITY MENTOR PROGRAM, AND TO PROVIDE THAT PARTICIPATION IN THE PROGRAM MAY BE REQUIRED AS A PRE-TRIAL DIVERSION OPTION BY A SOLICITOR OR AS AN OPTIONAL, ALTERNATIVE DISPOSITION OF A CASE BY A FAMILY COURT JUDGE; AND TO AMEND SECTION 20-7-1330, RELATING TO DISPOSITION OF CASES INVOLVING CHILDREN WITHIN THE JURISDICTION OF THE FAMILY COURT, SO AS TO ADD AS A DISPOSITIONAL POWER OF THE COURT THE POWER TO ORDER A CHILD TO PARTICIPATE IN A COMMUNITY MENTOR PROGRAM AS PROVIDED IN SECTION 20-7-1331.

Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:

S. 1079 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-17-345 SO AS TO PROVIDE FOR BINDING ARBITRATION AS AN ALTERNATIVE DISPUTE RESOLUTION FOR SPECIFIC GRIEVANCES APPEALED UNDER THE STATE EMPLOYEE GRIEVANCE PROCEDURE; TO AMEND SECTION 8-17-310, RELATING TO LEGISLATIVE FINDINGS WITH RESPECT TO THE GRIEVANCE PROCEDURE, SO AS TO PROVIDE FOR RECOGNITION BY THE GENERAL ASSEMBLY THAT GRIEVANCE RESOLUTION IS BEST ACCOMPLISHED AT THE LOWEST LEVEL AND TO ENCOURAGE AGENCIES TO USE ALTERNATIVE DISPUTE RESOLUTION METHODS; TO AMEND SECTION 8-17-320, AS AMENDED, RELATING TO DEFINITIONS APPLICABLE TO THE STATE EMPLOYEE GRIEVANCE PROCEDURE ACT, SO AS TO ADD, REVISE, AND DELETE DEFINITIONS IN CONFORMITY TO THE AMENDMENTS MADE IN THIS ACT; TO AMEND SECTION 8-17-330, AS AMENDED, RELATING TO AGENCY EMPLOYEE GRIEVANCES AND APPEALS, SO AS TO REDUCE THE TIME FOR FILING A GRIEVANCE AND REVISE ACTIONS WHICH QUALIFY AS GRIEVANCES; TO AMEND SECTION 8-17-340, AS AMENDED, RELATING TO THE STATE EMPLOYEE GRIEVANCE COMMITTEE, SO AS TO SPECIFY WHAT APPEALS IT HEARS, TO AUTHORIZE THE APPOINTMENT OF ADDITIONAL MEMBERS, AND TO PROVIDE FOR THE OPERATION OF AND REPRESENTATION BEFORE THE COMMITTEE; TO AMEND SECTION 8-17-350, RELATING TO APPEALS, SO AS TO CONFORM THE SECTION TO THE REVISED PROCEDURES PROVIDED IN THIS ACT AND TO PROVIDE FOR LEGAL ADVICE TO THE STATE HUMAN RESOURCES DIRECTOR; TO AMEND SECTION 8-17-360, RELATING TO MEDIATION AND PROCEDURES, SO AS TO CONFORM IT TO THE ALTERNATIVE DISPUTE RESOLUTION PROVISIONS ADDED BY THIS ACT AND THE METHOD OF HANDLING APPEALS BY A MEDIATOR; AND TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO OFFICERS AND EMPLOYEES EXEMPT FROM COVERAGE UNDER THE STATE EMPLOYEE GRIEVANCE PROCEDURES ACT, SO AS TO UPDATE THESE EXEMPTIONS TO CONFORM WITH EXEMPTIONS PROVIDED IN EXISTING LAW.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:

S. 1114 -- Senator Greg Smith: A BILL TO AMEND SECTION 30-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD GEORGETOWN COUNTY TO THE LIST OF COUNTIES WHICH HAVE A REGISTER OF MESNE CONVEYANCES; AND TO AMEND SECTION 30-5-12, RELATING TO THE APPOINTMENT OF REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD GEORGETOWN COUNTY TO THE LIST OF COUNTIES WHICH SHALL APPOINT THE REGISTER OF MESNE CONVEYANCES FOR ITS COUNTY PURSUANT TO THE TERMS AND CONDITIONS AS IT MAY AGREE UPON.

Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Judiciary submitted a favorable report on:

S. 1278 -- Senator Holland: A BILL TO AMEND SECTION 1-7-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON PROSECUTION COORDINATION, SO AS TO DELETE THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY AS A MEMBER OF THE COMMISSION, AND TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY SHALL SERVE AS A MEMBER OF THE COMMISSION IN HIS PLACE.

Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3557 -- Rep. Kirsh: A BILL TO AMEND SECTION 33-56-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATIONS WHICH ARE NOT REQUIRED TO FILE REGISTRATION STATEMENTS WITH THE SECRETARY OF STATE UNDER THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO PROVIDE THAT ANY CIVIC ORGANIZATION WHICH IS TAX EXEMPT UNDER SECTION 501(c)(4) OF THE INTERNAL REVENUE CODE IS ALSO NOT REQUIRED TO FILE THESE REGISTRATION STATEMENTS.

Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Judiciary submitted a majority favorable with amendment and Senators FORD and GLOVER a minority unfavorable report on:

H. 3730 -- Reps. J. Young, Allison, Askins, Bailey, Baxley, Beatty, Boan, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Huff, Hutson, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kinon, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Scott, Seithel, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Vaughn, Waldrop, Walker, Wells, Whatley, S. Whipper, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1995" AND TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN INDIVIDUALS TO CARRY CONCEALED WEAPONS.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:

H. 4387 -- Reps. McElveen and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-65 SO AS TO GRANT EMPLOYERS IMMUNITY, BOTH ABSOLUTE AND QUALIFIED DEPENDING ON THE SCOPE OF THE INFORMATION, FOR RESPONDING TO PROSPECTIVE EMPLOYERS' REQUESTS FOR REFERENCES.

Ordered for consideration tomorrow.

Senator COURTNEY from the Committee on Judiciary submitted a favorable report on:

H. 4648 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORDS AND PHRASES, DEFINED; FILING WITH THE COMMISSION, DEFINED; PERIODIC REPORT; STATUS REPORT AND COMPENSATION RECEIPT; TERMINATING TEMPORARY TOTAL OR TEMPORARY PARTIAL COMPENSATION BENEFITS; ADJUSTING THE COMPENSATION RATE; SETTLEMENT, FORM 16; SETTLEMENT BY AGREEMENT AND FINAL RELEASE; INFORMAL CONFERENCE; FINES, ASSESSMENT AND REVIEW, DESIGNATED AS REGULATION DOCUMENT NUMBER 1917, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

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

HOUSE BILL RETURNED

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 4335 -- Reps. Sharpe, Seithel, Sandifer and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-357 SO AS TO PROVIDE REQUIREMENTS AND PENALTIES FOR IMPORTATION OF SHELLFISH.

THIRD READING BILLS

The following Bill and Joint Resolution were read the third time and ordered sent to the House of Representatives:

S. 1190 -- Senator Passailaigue: A JOINT RESOLUTION TO PROVIDE THAT THE REMAINING AMOUNT OF THE LOAN APPROVED BY THE STATE TREASURER AND EXECUTED ON BEHALF OF THE CITY OF CHARLESTON THROUGH THE PATRIOT'S POINT DEVELOPMENT AUTHORITY FROM FUNDS MADE AVAILABLE PURSUANT TO SECTION 51-13-860, EQUAL TO FOUR HUNDRED THOUSAND DOLLARS, MUST BE LOANED FOR A PERIOD NOT TO EXCEED THREE YEARS AT AN INTEREST RATE TO BE DETERMINED BY THE STATE TREASURER.

(By prior motion of Senator PASSAILAIGUE, with unanimous consent)

S. 1269 -- Senator Rose: A BILL TO AMEND SECTION 41-25-30 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIVATE PERSONNEL AGENCIES, SO AS TO PROVIDE FOR DISCRETION ON THE PART OF THE SECRETARY OF STATE IN DETERMINING WHETHER TO RENEW THE LICENSE OF A PRIVATE PERSONNEL AGENCY WHEN THE LICENSEE FAILS TO APPLY FOR RENEWAL OF THE LICENSE WITHIN THE STATUTORY DEADLINE.

(By prior motion of Senator ROSE, with unanimous consent)

SECOND READING BILL
WITH NOTICE OF GENERAL AMENDMENTS

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

H. 4752 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO SUPERVISED INDEPENDENT LIVING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1863, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

H. 4666 -- Reps. Young-Brickell, H. Brown, Cato, Wofford and Law: A BILL TO AMEND SECTION 13-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO PROVIDE THAT THE AUTHORITY ALSO MAY BE KNOWN AS "THE SCRA"; AND TO AMEND THE 1976 CODE BY ADDING SECTION 13-17-180 SO AS TO ALLOW THE SOUTH CAROLINA RESEARCH AUTHORITY TO ESTABLISH NOT-FOR-PROFIT CORPORATIONS, AND PROVIDE FOR THE POWERS OF THESE CORPORATIONS.

Senator PASSAILAIGUE asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

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

On motion of Senator PASSAILAIGUE, with unanimous consent, the Bill was read the second time, with notice of general amendments and ordered placed on the third reading Calendar.

SECOND READING BILLS

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

H. 4523 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO CATEGORICALLY NEEDY ELIGIBLE GROUPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1865, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1315 -- Senators Drummond, Matthews, Waldrep, Washington, Setzler and Cork: A BILL TO AMEND SECTION 1-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE THE BOUNDARIES OF THE STATE IN REGARD TO THE BOUNDARY IN THE LOWER SAVANNAH RIVER REGION.

Senator DRUMMOND explained the Bill.

S. 1315--Ordered to a Third Reading

On motion of Senator DRUMMOND, with unanimous consent, S. 1315 was ordered to receive a third reading on Thursday, April 4, 1996.

S. 1316 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RECORDS RETENTION SCHEDULE FOR DATA PROCESSING AND OTHER ELECTRONIC RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1904, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4790 -- Labor, Commerce and Industry Committee: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING AND FINANCIAL INSTITUTIONS, BY ADDING CHAPTER 25 SO AS TO ENACT THE "SOUTH CAROLINA BANKING AND BRANCHING EFFICIENCY ACT OF 1996" WHICH PROVIDES THE PROCEDURES AND CONDITIONS UNDER WHICH ACQUISITIONS OF SOUTH CAROLINA BANKS AND SOUTH CAROLINA BANK HOLDING COMPANIES MAY BE EFFECTED, UNDER WHICH SOUTH CAROLINA BANKS MAY ENTER INTO INTERSTATE MERGER TRANSACTIONS WITH OUT-OF-STATE BANKS, UNDER WHICH THE OUT-OF-STATE BANKS RESULTING FROM SUCH TRANSACTIONS MAY OPERATE AND MAINTAIN BRANCHES IN THIS STATE, AND UNDER WHICH SOUTH CAROLINA STATE BANKS MAY OPERATE BRANCHES OUTSIDE THIS STATE; TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND TO REPEAL CHAPTER 24 OF TITLE 34, RELATING TO SOUTH CAROLINA BANK HOLDING COMPANY ACT.

AMENDED, READ THE SECOND TIME

S. 947 -- Senators Jackson and Washington: A JOINT RESOLUTION TO ESTABLISH AN AFRICAN-AMERICAN HISTORY MONUMENT TO BE ERECTED ON THE STATE HOUSE GROUNDS AND TO CREATE A COMMISSION TO SELECT THE DESIGN AND PLACEMENT OF THE MONUMENT.

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

The General Committee proposed the following amendment (JIC\5747HTC.96), which was adopted:

Amend the joint resolution, as and if amended, page 2, by striking SECTION 2 and inserting:

/SECTION   2.   (a)   An African-American History Monument Commission is created to determine the design of the monument and to determine the placement of the monument on the State House grounds. The commission is empowered and directed to raise private funds and to receive gifts and grants to carry out the purpose for which it is created. By January 1, 1997, the commission shall report the proposed design of the monument to the State House Committee for its approval. After action by the committee approving the design, the State House Committee shall cause to be introduced the concurrent resolution serving as the instrument of approval as provided in Section 1 of this joint resolution. The State shall ensure proper maintenance of the monument as is done for other historical monuments on the State House grounds.

Four members must be appointed by the President Pro Tempore of the Senate, four members must be appointed by the Speaker of the House of Representatives, and one member must be appointed by the Governor. Notwithstanding Section 8-13-770 of the 1976 Code, members of the General Assembly may be appointed to this commission. One of the members appointed by the President Pro Tempore must be a Senator and one of the members appointed by the Speaker must be a member of the House of Representatives.

Commission members are not entitled to receive the subsistence, millage, and per diem otherwise provided by law for members of state boards, committees, and commissions.

(b)   The commission also shall study the feasibility of establishing an African-American History Museum analogous to the Confederate Relic Room and make recommendations with respect to its findings on this subject to the State House Committee. This new museum would collect and display historical artifacts and other items reflecting African-American history in this State. A preliminary report on this study must be made to the State House Committee no later than January 1, 1997, with a final report and recommendations due as soon as practicable thereafter.

(c)   The commission established pursuant to this section is dissolved on the later of the dedication of the African-American History Monument or the final report of the commission on the feasibility of establishing an African-American History Museum./

Amend title to conform.

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

S. 947--Ordered to a Third Reading

On motion of Senator MARTIN, S. 947 was ordered to receive a third reading on Thursday, April 4, 1996.

ADOPTED

H. 4821 -- Rep. Delleney: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 10, 1996, AS THE TIME FOR ELECTING A SUCCESSOR TO FILL THE OFFICE OF A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1999.

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

CARRIED OVER

S. 1187 -- Senator Passailaigue: A BILL TO AMEND SECTION 13-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO PROVIDE THAT THE AUTHORITY ALSO MAY BE KNOWN AS "THE SCRA"; AND TO AMEND THE 1976 CODE BY ADDING SECTION 13-17-180 SO AS TO ALLOW THE SOUTH CAROLINA RESEARCH AUTHORITY TO ESTABLISH NOT-FOR-PROFIT CORPORATIONS, AND PROVIDE FOR THE POWERS OF THESE CORPORATIONS.

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

H. 3517 -- Rep. Hodges: A BILL TO AMEND SECTIONS 14-1-206 AND 14-1-209, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENTS TO BE IMPOSED IN CRIMINAL CASES IN CERTAIN COURTS, SO AS TO EXCLUDE THE FAMILY COURT; TO AMEND SECTION 16-19-10, RELATING TO THE UNLAWFUL SETTING UP OF LOTTERIES, SO AS TO FURTHER PROVIDE FOR THE PENALTIES TO BE IMPOSED AND FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 17-15-260, RELATING TO THE DISPOSITION OF CERTAIN BAIL AND RECOGNIZANCES, SO AS TO PROVIDE FOR THE MANNER IN WHICH FUNDS TO BE DEPOSITED IN THE STATE GENERAL FUND MUST BE TRANSMITTED TO THE STATE TREASURER; TO AMEND SECTION 23-31-190, AS AMENDED, RELATING TO THE PENALTIES FOR PISTOL OR FIREARM VIOLATIONS, SO AS TO FURTHER PROVIDE FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 56-5-6540, RELATING TO THE PENALTIES FOR SAFETY BELT VIOLATIONS, SO AS TO DELETE THE PROHIBITION AGAINST COURT COSTS BEING ASSESSED AGAINST THE PERSON CONVICTED; AND TO REPEAL SECTION 24-23-220, RELATING TO THE PAYMENT AND DISTRIBUTION OF CERTAIN ASSESSMENTS AND RESTITUTION CHARGES AND SECTION 47-1-160 RELATING TO THE DISPOSITION OF FINES FOR CRUELTY TO ANIMAL VIOLATIONS.

Senator COURTNEY explained the Bill.

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

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

AMENDMENT PENDING, DEBATE INTERRUPTED

S. 1195--Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-15 SO AS TO DEFINE THE MISSION OF HIGHER EDUCATION IN SOUTH CAROLINA TO PROVIDE THAT THE COMMISSION SHALL BE RESPONSIBLE FOR A COORDINATED, EFFICIENT, AND RESPONSIVE HIGHER EDUCATION SYSTEM IN THIS STATE AND TO PROVIDE FOR THE RESPONSIBILITIES OF THE COMMISSION IN THIS REGARD; TO AMEND SECTION 59-103-35, RELATING TO THE SUBMISSION OF THE BUDGETS OF PUBLIC INSTITUTIONS OF HIGHER LEARNING AND THE APPROVAL AND REVIEW OF THE PROGRAMS OF THESE INSTITUTIONS, TO REVISE THE COMMISSION'S RESPONSIBILITIES WITH REGARD TO AN INSTITUTION'S PROGRAMS; TO PROVIDE THAT AN INSTITUTION'S REQUEST FOR NEW OR EXPANDED PROGRAMS MUST BE APPROVED BY THE COMMISSION; AND TO REVISE SUCH PROVISIONS AND REFERENCES TO OTHER DUTIES AND FUNCTIONS CONFERRED ON THE COMMISSION; (ABBREVIATED TITLE)

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (1195R003.GFM) proposed by Senators McCONNELL and FORD and previously printed in the Journal of Tuesday, April 2, 1996.

Senator McCONNELL argued in favor of the adoption of the amendment.

ACTING PRESIDENT PRESIDES

At 11:33 A.M., Senator MARTIN assumed the Chair.

Senator McCONNELL argued in favor of the adoption of the amendment.

With Senator McCONNELL retaining the floor, Senator J. VERNE SMITH asked unanimous consent to make a motion that the Senate stand adjourned.

There was no objection.

Debate was interrupted by adjournment, with Senator McCONNELL retaining the floor.

LOCAL APPOINTMENT
Confirmation

Having received a favorable report from the Horry County Delegation, the following appointment was confirmed in open session:

Reappointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence June 30, 1996, and to expire June 30, 2000:

Mr. Harold C. Stowe, CSI Group, Inc., Post Office Box 260001, Conway, S.C. 29526

MOTION ADOPTED

On motion of Senator PEELER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Mary S. Manini of Columbia, S.C., beloved grandmother of Mrs. Lisa Manini Sox, Research Director, Senate Fish, Game and Forestry Committee.

ADJOURNMENT

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

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