South Carolina General Assembly
110th Session, 1993-1994
Journal of the Senate

Thursday, April 7, 1994

(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, St. Paul wrote to the believers in Philippi (Phil. 3:13-14):

"But one thing I do...

I press on toward the goal

for the prize of the upward call of God..."
Let us pray.

Eternal God, You taught us to call You Father. As the many bills in the hopper continue to rise to challenge us, give us the guidelines by which we may see our way through this tangled maze.

Help us to ask ourselves, "What are our ultimate goals?" and "What appropriate implementation can we give the most worthy and most pressing concerns?"

Where we have the capacity, and the opportunity, let us not hold back from attacking whatever problems confront and stymie the growing and glowing progress of our State.

Remind us anew that people are our great resource, our finest asset, and our first responsibility.

We pray in the Name of the God that made us a little lower than the angels.

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 29, 1994
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,
Carroll A. Campbell, Jr.

Statewide Appointments

Initial Appointment, South Carolina Workers' Compensation Commission, with term to commence April 27, 1993, and to expire April 27, 1995:

Chairman:

Mr. Vernon F. Dunbar, 1308 Northwood Street, Columbia, S.C. 29201 VICE Walter R. Hundley (resigned)

Referred to the Committee on Judiciary.

Reappointment, Member, South Carolina Worker's Compensation Commission, with term to commence June 30, 1994, and to expire June 30, 1996:

At-Large:

Mr. Vernon F. Dunbar, 1308 Northwood Street, Columbia, S.C. 29201 VICE Marvin F. Kittrell (resigned)

Referred to the Committee on Judiciary.

Initial Appointment, Member, Advisory Board for the Autism Division of the Department of Disabilities and Special Needs, with term to commence July 1, 1993, and to expire June 30, 1997:

1st Congressional District:

Mr. William J. Walker, 704 Waccamaw Road, Georgetown, S.C. 29440

Referred to the Committee on Medical Affairs.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

April 5, 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.

Statewide Appointment

Initial Appointment, Member, Advisory Board for the Autism Division of the Department of Disabilities and Special Needs, with term to commence July 1, 1993, and to expire June 30, 1997:

3rd Congressional District:

Mrs. Jane G. Hunter, 249 Pendleton Road, Clemson, S.C. 29631

Referred to the Committee on Medical Affairs.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 1759
Promulgated by Real Estate Commission, Department of Labor, Licensing and Regulation
Providers of Continuing Education Courses
Received by Lt. Governor April 7, 1994
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date March 14, 1995

Document No. 1764
Promulgated by Department of Transportation
Outdoor Advertising and the Highway Advertising Control Act
Received by Lt. Governor April 6, 1994
Referred to Senate Committee on Transportation
120 day review expiration date March 13, 1995

Doctor of the Day

Senator GIESE introduced Dr. Al Pakalnis of Columbia, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator MACAULAY, at 11:25 A.M., Senator ROSE was granted a leave of absence for today.

Point of Personal Interest

Senator LEVENTIS rose to a Point of Personal Interest.

Motion Adopted

On motion of Senator COURSON, with unanimous consent, staff members from the Budget and Control Board and the Senate Finance Committee were authorized to be admitted to the floor of the Senate Chamber when H. 4820, the General Appropriation Bill, was under debate.

Senator COURSON from the Committee on Invitations stated that pursuant to the provisions of Rule 36, three-fourths of the membership of the Invitations Committee have voted affirmatively and submitted a favorable report on:

Privilege of the Chamber and Floor

Senator CORK's written request that on April 27, 1994, Miss Ashley Fronczak, Miss Pre-Teen S.C., and her immediate family be granted the Privilege of the Chamber to that area behind the rail, and that Miss Fronczak be granted the Privilege of the Floor for the purpose of receiving a Certificate of Appreciation.

The report was adopted without objection.

Message from the House

Columbia, S.C., April 7, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on the following Bill:
S. 520 -- Senators Thomas and Wilson: A BILL TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, QUALIFICATIONS, IDENTIFICATION, AND CONDUCT OF POLL WATCHERS, SO AS TO SPECIFY THE MAXIMUM SIZE AND SIZE OF LETTERING ON IDENTIFICATION BADGES AND TO PROHIBIT BADGES IN FLUORESCENT COLORS.
Very respectfully,
Speaker of the House

Received as information.

S. 520--REPORT OF THE

COMMITTEE OF CONFERENCE ADOPTED

S. 520 -- Senators Thomas and Wilson: A BILL TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, QUALIFICATIONS, IDENTIFICATION, AND CONDUCT OF POLL WATCHERS, SO AS TO SPECIFY THE MAXIMUM SIZE AND SIZE OF LETTERING ON IDENTIFICATION BADGES AND TO PROHIBIT BADGES IN FLUORESCENT COLORS.

On motion of Senator THOMAS, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator THOMAS spoke on the report.

On motion of Senator THOMAS, the Report of the Committee of Conference to S. 520 was adopted as follows:

S. 520--Conference Report

The General Assembly, Columbia, S.C., April 5, 1994

The CONFERENCE COMMITTEE, to whom was referred:
S. 520 -- Senators Thomas and Wilson: A BILL TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, QUALIFICATIONS, IDENTIFICATION, AND CONDUCT OF POLL WATCHERS, SO AS TO SPECIFY THE MAXIMUM SIZE AND SIZE OF LETTERING ON IDENTIFICATION BADGES AND TO PROHIBIT BADGES IN FLUORESCENT COLORS.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 7-13-860 of the 1976 Code is amended to read:

"Section 7-13-860. Each candidate who is not unopposed in the primary and each candidate in a general election may appoint a watcher for any voting place that he may desire. Provided, however, that However, in any general or special election, all candidates who are certified by a political party shall must be jointly represented at each polling place that they may desire by not more than two watchers from such the party for each one thousand registered voters or fraction thereof of a thousand registered voters registered at such the polling place. Every watcher appointed hereunder under this section must be a qualified voter in the county where he is to watch, and must be certified to the managers of the voting precinct to which assigned, in writing, signed by the candidate or by an appropriate party official as having been designated to so act as a watcher. Such watchers shall Watchers at all times shall wear appropriate, visible identification specifying the candidate or party which they represent. No such watcher shall conduct himself in a manner that will interfere interferes in the orderly conduct of the election or influence influences any voter in the casting of his ballot. The identification badge of a pollwatcher may not exceed four and one-fourth inches by four and one-fourth inches with individual letters on the badge not exceeding one-quarter inch in height or width. Badges may not be a color that has a fluorescent quality."

SECTION 2. Section 7-25-180 of the 1976 Code, as last amended by Act 393 of 1990, is further amended to read:

"Section 7-25-180. (A) It is unlawful on an election day within two hundred feet of any entrance used by the voters to enter the polling place for a person to distribute any type of campaign literature or place any political posters. The poll manager shall use every reasonable means to keep the area within two hundred feet of any such entrance clear of political literature and displays, and the county and municipal law enforcement officers, upon request of a poll manager, shall remove or cause to be removed any material within two hundred feet of any such entrance distributed or displayed in violation of this section.

(B) A candidate may appear and greet voters in line as long as he is not intimidating voters or interfering with the orderly election process. A candidate may wear within two hundred feet of the polling place a label no larger than four and one-fourth inches by four and one-fourth inches that contains the candidate's name and the office he is seeking. If the candidate enters the polling place, he may not display any of this identification, including but not limited to, campaign stickers or buttons.

(C) Nothing in this section may be interpreted to prohibit a registered voter from wearing any campaign sticker, button, t-shirt, or hat while waiting to vote."

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

Amend title to conform.

/s/Donald H. Holland /s/Joseph B. Wilder
/s/John W. Matthews, Jr. /s/James L. Cromer
/s/David L. Thomas /s/T.C. Alexander

On Part of the Senate. On Part of the House.

, and a message was sent to the House accordingly.

The Report of the Committee of Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

S. 1188--CONFERENCE COMMITTEE APPOINTED

Message from the House

Columbia, S.C., April 5, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 1188 -- Senators Washington and Mescher: A BILL TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION FOR COLLETON COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR COLLETON COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE COLLETON COUNTY ELECTION COMMISSION AND THE COLLETON COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW COLLETON COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.
Very respectfully,
Speaker of the House

On motion of Senator MESCHER, the Senate insisted upon its amendments to S. 1188 and asked for a Committee of Conference.

Whereupon, the PRESIDENT appointed Senators WASHINGTON, MESCHER and PASSAILAIGUE of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., April 6, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3358 -- Rep. Snow: A BILL TO AMEND SECTION 50-11-2570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PERMITS TO TAKE GAME ANIMALS DESTROYING PROPERTY OR FOR RESEARCH PURPOSES, SO AS TO PROVIDE AN EXCEPTION FOR THE PERMIT REQUIREMENT.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., April 6, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4344 -- Reps. Harwell, Baxley, J. Brown, Cobb-Hunter, Delleney, Gonzales, Harrelson, Harrison, Harvin, Haskins, Jaskwhich, Jennings, Keyserling, Kirsh, Meacham, Neilson, Phillips, Rhoad, Richardson, Snow, Tucker, Waites, Waldrop, D. Wilder, J. Wilder, Wilkes, Corning, Allison, P. Harris, A. Young, Inabinett, Whipper, Rudnick, Stuart and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 51-17-117 SO AS TO PROVIDE FOR DONATIONS OF REAL AND PERSONAL PROPERTY TO THE HERITAGE TRUST PROGRAM AND FOR RELATED POWERS FOR THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., April 6, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has recommitted:
H. 4483 -- Reps. Snow and Riser: A BILL TO AMEND SECTION 50-13-1198, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON HERRING FISHING AT ST. STEPHEN POWERHOUSE, SO AS TO REVISE AN INCORRECT REFERENCE AND REVISE THE SEASON TO WHICH THE LIMITATIONS APPLY.
to the Committee on Agriculture, Natural Resources and Environmental Affairs.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., April 6, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4604 -- Rep. Boan: A BILL TO AMEND SECTION 1-11-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY TO PARTICIPATE IN STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO CLARIFY THAT COVERAGE FOR A RETIREE WITH AT LEAST FIVE YEARS' SERVICE UNDER A STATE RETIREMENT SYSTEM IS LIMITED TO SERVICE IN A STATE-COVERED ENTITY AND TO REQUIRE THE LAST FIVE YEARS OF SUCH SERVICE TO HAVE BEEN CONSECUTIVE YEARS IN A FULL-TIME PERMANENT POSITION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., April 6, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4690 -- Reps. Gamble, Stuart, Wright and Riser: A BILL TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO DECREASE FROM FIVE TO FOUR THE TERMS OF A MEMBER OF THE COMMISSION, AND PROVIDE THAT A MEMBER MAY NOT SERVE MORE THAN TWO CONSECUTIVE TERMS; TO PROVIDE THAT ANY MEMBER MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR THE NEGLECT OF DUTY, MISCONDUCT, OR MALFEASANCE IN OFFICE AFTER BEING GIVEN A WRITTEN STATEMENT OF REASONS AND AN OPPORTUNITY TO BE HEARD.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., April 6, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4842 -- Reps. Thomas, Kennedy and Snow: A BILL TO PROVIDE THAT TRUSTEES OF THE GEORGETOWN COUNTY SCHOOL DISTRICT MUST BE ELECTED IN A NONPARTISAN ELECTION HELD AT THE TIME OF THE GENERAL ELECTION, TO PROVIDE THAT PERSONS MAY BECOME CANDIDATES BY FILING A STATEMENT OF CANDIDACY, AND TO PROVIDE THE METHOD OF DETERMINING RESULTS AND THE DATE THE TRUSTEES TAKE OFFICE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., April 6, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has referred:
H. 4967 -- Reps. Carnell, McAbee and Klauber: A BILL TO AMEND ACT 546 OF 1982, RELATING IN PART TO THE MANNER OF ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE TRUSTEES SHALL BE ELECTED INCLUDING THE ESTABLISHMENT OF NINE SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH TRUSTEES SHALL BE ELECTED BEGINNING IN 1994, AND TO PROVIDE THAT BEGINNING IN 1994, ELECTIONS FOR THESE TRUSTEES SHALL BE HELD AT THE SAME TIME AS THE GENERAL ELECTION.
to the Greenwood Delegation.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., April 7, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4984 -- Rep. Spearman: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON FRIDAY, JUNE 17, 1994.
Very respectfully,
Speaker of the House

Received as information.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1329 -- Senator Setzler: A BILL TO AMEND SECTION 59-54-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COUNCIL ON VOCATIONAL AND TECHNICAL EDUCATION AND THE STATE OCCUPATIONAL TRAINING ADVISORY COMMITTEE, SO AS TO PROVIDE THAT A MAJORITY OF THE MEMBERS OF THE STATE COUNCIL MUST NOT BE MEMBERS OF THE COMMISSION ON HIGHER EDUCATION AND TO PROVIDE THAT A FULL-TIME EXECUTIVE DIRECTOR OF THE STATE COUNCIL SHALL BE APPOINTED BY THE COUNCIL TO SERVE AT ITS PLEASURE; BY ADDING SECTION 59-54-25 SO AS TO PROVIDE THAT ALL RECOMMENDATIONS OF THE STATE COUNCIL FOR THE IMPROVEMENT OF VOCATIONAL EDUCATION PROGRAMS SHALL BE MADE TO THE STATE BOARD OF EDUCATION, TO PROVIDE THAT WRITTEN CORRESPONDENCE FROM THE STATE COUNCIL OR ITS STAFF TO LOCAL SCHOOL DISTRICTS MUST BE REVIEWED AND APPROVED BY THE STATE DEPARTMENT OF EDUCATION, AND TO PROVIDE FOR THE MANNER IN WHICH ON-SITE EVALUATIONS BY MEMBERS OF THE STATE COUNCIL SHALL BE ACCOMPLISHED; AND BY ADDING SECTION 59-54-35 SO AS TO PROVIDE THAT THE PRESIDENT OF THE SOUTH CAROLINA VOCATIONAL DIRECTORS ASSOCIATION SHALL RECEIVE NOTIFICATION OF ALL MEETINGS OF THE STATE COUNCIL TOGETHER WITH COPIES OF MEETING MATERIALS AND CORRESPONDENCE AND THAT THE PRESIDENT OF THE SOUTH CAROLINA VOCATIONAL DIRECTORS ASSOCIATION SHALL ADDRESS THE STATE COUNCIL ANNUALLY.

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

S. 1330 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO THE PRACTICE OF COSMETOLOGY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1729, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 1331 -- Senator Matthews: A CONCURRENT RESOLUTION CONGRATULATING CHAD SKELTON OF DORCHESTER COUNTY ON ATTAINING THE RANK OF EAGLE SCOUT, THE HIGHEST RANK IN SCOUTING.

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

S. 1332 -- Senator Land: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MR. WILLIAM TALBERT KENNEDY OF MANNING WHO DIED SATURDAY, APRIL 2, 1994.

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

S. 1333 -- Senator Setzler: A CONCURRENT RESOLUTION TO EXPRESS DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. MONROE HOWELL HARPE OF WEST COLUMBIA UPON HIS DEATH.

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

H. 4403 -- Reps. Holt, Harrelson, Harvin and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-290 SO AS TO PROVIDE REQUIREMENTS FOR RAISED DEER STANDS USED AT DEER HUNTS OFFERED TO THE PUBLIC BY THE DEPARTMENT OF NATURAL RESOURCES.

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

H. 4642 -- Reps. Hodges and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-590 SO AS TO PROVIDE THAT TELECOMMUNICATIONS SERVICES PROVIDED BY INTEREXCHANGE TELECOMMUNICATIONS CARRIERS MUST BE DEEMED COMPETITIVE SERVICES AFTER JULY 1, 1994, REQUIRE THE PUBLIC SERVICE COMMISSION TO CONDUCT HEARINGS, MAKE FINDINGS, AND ESTABLISH BENCHMARKS AS TO THE COMPETITION WHICH EXISTS AMONG THE INTEREXCHANGE TELECOMMUNICATIONS CARRIERS, AND PROVIDE FOR RELATED MATTERS.

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

REPORTS OF STANDING COMMITTEES

Senator ROSE from the Committee on Medical Affairs submitted a favorable with amendment report on:

S. 1001 -- Senators Hayes and Giese: A BILL TO AMEND SECTION 44-95-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES WHERE SMOKING IS PROHIBITED UNDER THE CLEAN INDOOR AIR ACT OF 1990, SO AS TO PROVIDE THAT LOCAL SCHOOL DISTRICT BOARDS ARE NOT PROHIBITED FROM MAKING SCHOOL DISTRICT FACILITIES SMOKE FREE; TO PROVIDE AN EXCEPTION FOR GOVERNMENTAL ENTITIES THAT HAD A NONSMOKING POLICY IN EFFECT IN GOVERNMENTAL BUILDINGS BEFORE AUGUST 1, 1990; AND TO DESIGNATE THE PROVISIONS OF THE CLEAN INDOOR AIR ACT AS CHAPTER 95, TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976.

Ordered for consideration tomorrow.

Invitations Accepted

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

An invitation from S.C. Ag. Exp. Station System Advisory Bd. to attend a reception at the Boylston House on Tuesday, April 26, 1994, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson Peeler Wilson
Matthews Thomas Patterson
Stilwell Russell

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

O'Dell Passailaigue

TOTAL--2

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

An invitation from Young Bankers Div. - S.C. Bankers Assn. to attend an oyster roast at the Sterling Garden Center on Wednesday, April 27, 1994, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson Peeler Wilson
Matthews Thomas Patterson
Stilwell Russell

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

O'Dell Passailaigue

TOTAL--2

CONCURRENCE

S. 687 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 6 SO AS TO PROVIDE FOR CONSOLIDATION OF EXISTING PLANNING ENABLING LEGISLATION; TO UPDATE EXISTING LEGISLATIVE ACTS; TO REPEAL CHAPTER 27 OF TITLE 4 RELATING TO THE COUNTY PLANNING ACT; TO REPEAL CHAPTER 23 OF TITLE 5 RELATING TO ZONING AND PLANNING BY MUNICIPALITIES; TO REPEAL SECTIONS 6-7-310 THROUGH 6-7-1110 RELATING TO PLANNING BY LOCAL GOVERNMENTS; AND TO REPEAL ACT 129 OF 1963 RELATING TO THE GREENVILLE COUNTY PLANNING COMMISSION.

The House returned the Bill with amendments.

Senator BRYAN explained the Bill.

On motion of Senator BRYAN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

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

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolutions were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 4979 -- Reps. Kinon and Harwell: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1994, AND ENDING JUNE 30, 1995.

(By prior motion of Senator ELLIOTT)

H. 4210 -- Reps. Sheheen and Rhoad: A JOINT RESOLUTION TO PROVIDE THAT IF THE ENVIRONMENTAL PROTECTION AGENCY OR THE UNITED STATES CONGRESS EXTENDS CERTAIN EFFECTIVE DATES IN THE RCRA SUBTITLE D MUNICIPAL SOLID WASTE LANDFILL CRITERIA, ANY EXTENSION APPLIES TO ALL MUNICIPAL SOLID WASTE LANDFILLS IN THIS STATE TO WHICH THE CRITERIA APPLY.

THIRD READING BILLS

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

S. 1145 -- Senators Richter, Courtney and Waldrep: A BILL TO PROVIDE THAT EACH INSURED COVERED FOR MENTAL, EMOTIONAL, OR NERVOUS DISORDERS OR CONDITIONS MUST BE ALLOWED TO SELECT THE PHYSICIAN OR CERTAIN OTHER SPECIFIED PROVIDER TO TREAT THE DISORDER OR CONDITION, AND REQUIRE THE INSURER TO PAY THE COVERED CHARGES UP TO THE LIMITS OF COVERAGE IF THE DISORDER OR CONDITION TREATED IS COVERED BY THE INSURANCE POLICY AND THE PHYSICIAN OR OTHER SPECIFIED PROVIDER IS LICENSED BY THE STATE.

S. 1315 -- Fish, Game & Forestry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-25-1325 SO AS TO RESTRICT THE USE OF PERSONAL WATERCRAFT INCLUDING JET SKIS ON LAKE WILLIAM C. BOWEN, DEFINE TERMS, PROVIDE PENALTIES FOR VIOLATIONS, AND PROVIDE EXCEPTIONS.

S. 1317 -- Senator Courtney: A BILL TO AMEND SECTION 33-8-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMS OF DIRECTORS OF CORPORATIONS AND ASSOCIATIONS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO HOMEOWNERS ASSOCIATIONS; AND TO AMEND SECTION 33-8-106, RELATING TO STAGGERED TERMS FOR DIRECTORS OF CORPORATIONS AND ASSOCIATIONS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO HOMEOWNERS ASSOCIATIONS.

S. 506 -- Senators Rose and Leventis: A BILL TO REPEAL SECTION 22-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARREST FOR CRIMES COMMITTED IN MAGISTRATE'S PRESENCE.

S. 1310 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS & LAND SURVEYORS, RELATING TO REGISTRATION OF TAC/ABET FOUR-YEAR ENGINEERING TECHNOLOGY GRADUATES THUS ESTABLISHING A TWO-TIER CATEGORY REGISTRATION DESIGNATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1699, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1312 -- Senator Land: A BILL TO AMEND SECTION 29-3-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHODS OF ENTERING SATISFACTION OF MORTGAGES, SO AS TO PERMIT SATISFACTION OF MORTGAGES RECORDED IN COUNTERPARTS BY SATISFACTIONS EXECUTED IN COUNTERPARTS.

SECOND READING BILL

WITH NOTICE OF GENERAL AMENDMENTS

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

H. 3213 -- Rep. Wofford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-11-75 SO AS TO CREATE A CRIMINAL OFFENSE FOR TRESPASSING ONTO OR REFUSING TO LEAVE A STATE MENTAL HEALTH FACILITY AND TO PROVIDE PENALTIES AND MUNICIPAL AND MAGISTRATE'S COURT JURISDICTION.

ACTING PRESIDENT PRESIDES

At 11:30 A.M., Senator LEVENTIS assumed the Chair.

SECOND READING BILLS

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

H. 5007 -- Reps. Walker, Davenport and Allison: A JOINT RESOLUTION TO PROVIDE THAT, FOR THE 1993-94 SCHOOL YEAR, SCHOOL DISTRICT ONE IN SPARTANBURG COUNTY IS EXEMPTED FROM THE REQUIREMENT THAT SCHOOL DAYS MISSED MUST BE MADE UP AS A RESULT OF COMPLICATIONS RESULTING FROM A SEVERE WINTER STORM.

H. 5007--Ordered to a Third Reading

On motion of Senator COURTNEY, H. 5007 was ordered to receive a third reading on Friday, April 8, 1994.

S. 1320 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: MUNICIPAL SOLID WASTE INCINERATOR ASH LANDFILL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1669, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1321 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO TITLE V OPERATING PERMIT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1706, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1322 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO LICENSE TO CONSTRUCT OR CLEAN ON-SITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS AND SELF-CONTAINED TOILETS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1691, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4491 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-27-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURERS REHABILITATION AND LIQUIDATION, FORMAL PROCEEDINGS, AND THE RECOVERY OF PREMIUMS OWED, SO AS TO DELETE CERTAIN LANGUAGE, PROVIDE THAT AN AGENT, BROKER, PREMIUM FINANCE COMPANY, OR ANY OTHER PERSON, OTHER THAN THE INSURED, RESPONSIBLE FOR THE PAYMENT OF A PREMIUM IS OBLIGATED TO PAY ANY UNPAID COLLECTED PREMIUM HELD BY SUCH PERSON AT THE TIME OF THE DECLARATION OF INSOLVENCY, WHETHER EARNED OR UNEARNED, AND ANY UNPAID EARNED PREMIUM, ALL AS SHOWN ON THE RECORDS OF THE INSURER, AND PROVIDE THAT AN AGENT, BROKER, PREMIUM FINANCE COMPANY, OR ANY OTHER PERSON HAS NO OBLIGATION TO PAY AN UNCOLLECTED UNPAID UNEARNED PREMIUM TO THE LIQUIDATOR.

Senator McCONNELL explained the Bill.

H. 4492 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-13-400, 38-13-410, AND 38-13-420 SO AS TO REQUIRE EVERY INSURER DOMICILED IN SOUTH CAROLINA TO FILE A REPORT WITH THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE DISCLOSING MATERIAL ACQUISITIONS AND DISPOSITIONS OF ASSETS OR MATERIAL NONRENEWALS, CANCELLATIONS, OR REVISIONS OF CEDED REINSURANCE AGREEMENTS EXCEPT UNDER CERTAIN CIRCUMSTANCES, AND ENACT RELATED AND INCIDENTAL PROVISIONS OF LAW, INCLUDING FURTHER EXCEPTIONS TO REPORTING; AND TO AMEND THE 1976 CODE BY ADDING SECTION 38-5-180 SO AS TO PROVIDE THAT NO INSURER MAY OPERATE FROM A LOCATION WITHIN SOUTH CAROLINA UNLESS IT IS LICENSED AS AN INSURER UNDER SECTION 38-5-10, PERMITTED TO OPERATE AS AN APPROVED REINSURER UNDER SECTION 38-5-60, OR QUALIFIED TO OPERATE AS AN ELIGIBLE SURPLUS LINES INSURER UNDER SECTION 38-45-90.

H. 4495 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-9-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AND CAPITAL, SURPLUS, RESERVES, REINSURANCE CREDITS, AND LIABILITY REDUCTIONS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE INCORPORATED MEMBERS OF THE GROUP DEFINED IN THIS SECTION MUST NOT BE ENGAGED IN ANY BUSINESS OTHER THAN UNDERWRITING AS A MEMBER OF THE GROUP AND ARE SUBJECT TO THE SAME LEVEL OF SOLVENCY REGULATION AND CONTROL BY THE GROUP'S DOMICILIARY REGULATOR AS ARE THE UNINCORPORATED MEMBERS.

H. 4496 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-31-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION, SO AS TO PROVIDE THAT, WITH RESPECT TO THE POWER TO SUE OR BE SUED, ANY ACTION BROUGHT DIRECTLY AGAINST THE ASSOCIATION MUST BE BROUGHT AGAINST THE ASSOCIATION IN THE STATE OF SOUTH CAROLINA AS A CONDITION PRECEDENT TO RECOVERY DIRECTLY AGAINST THE ASSOCIATION.

H. 4498 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-31-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF CHAPTER 31 OF TITLE 38 DEALING WITH THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION, SO AS TO DEFINE "OCEAN MARINE INSURANCE" (AN AREA TO WHICH THE CHAPTER DOES NOT APPLY).

H. 4711 -- Rep. Harvin: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS AND THE ADVISORY COMMITTEE FOR CONTINUING EDUCATION COURSES, SO AS TO ADD TO THE MEMBERSHIP OF THE COMMITTEE ONE REPRESENTATIVE FROM THE SOUTH CAROLINA ASSOCIATION OF HEALTH UNDERWRITERS.

AMENDED, READ THE SECOND TIME

S. 976 -- Senators Saleeby, Land, McConnell, Courtney and Rankin: A BILL TO AMEND SECTION 37-4-203, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSUMER CREDIT INSURANCE, FILING AND APPROVAL OF RATES AND FORMS, AND CREDIT LIFE INSURANCE PREMIUMS, SO AS TO INCREASE THE MINIMUM CHARGE, AND DECREASE THE RATE CHARGED FOR CREDIT LIFE INSURANCE IN CERTAIN CATEGORIES.

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 (S976.001), which was adopted:

Amend the bill, as and if amended, by adding the following appropriately numbered SECTIONS to read:

/SECTION __. Section 37-2-202(2)(b) of the 1976 Code, as last amended by Act 142 of 1991, is further amended to read:

"(b) with respect to consumer credit insurance providing life, accident, health, or unemployment coverage, if the insurance coverage is not required by the creditor, and this fact is clearly and conspicuously disclosed in writing to the consumer, and if in order to obtain the insurance in connection with the extension of credit, the consumer, or two of them in the case of joint coverage, gives specific, dated, and separately signed affirmative written indication of his desire to do so after written disclosure to him of the cost of it with a statement similar to the following appearing in caps, underlined, or disclosed in another prominent manner with the consumer signature required by this section: CONSUMER CREDIT INSURANCE IS NOT REQUIRED TO OBTAIN CREDIT AND WILL NOT BE PROVIDED UNLESS YOU SIGN AND AGREE TO PAY THE ADDITIONAL COST; and"

SECTION __. Section 37-3-202(2)(b) of the 1976 Code, as last amended by Act 142 of 1991, is further amended to read:

"(b) consumer credit insurance providing life, accident and health, or unemployment insurance coverage, if the insurance coverage is not required by the lender, and this fact is clearly and conspicuously disclosed in writing to the debtor, and if, in order to obtain the insurance in connection with the loan, the debtor, or two of them in the case of joint coverage, gives specific, dated, and separately signed affirmative written indication of his desire to do so after written disclosure to him of the cost thereof with a statement similar to the following appearing in caps, underlined, or disclosed in another prominent manner with the consumer signature required by this section: CONSUMER CREDIT INSURANCE IS NOT REQUIRED TO OBTAIN CREDIT AND WILL NOT BE PROVIDED UNLESS YOU SIGN AND AGREE TO PAY THE ADDITIONAL COST; and"/.

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL 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. 1250 -- Senators Peeler, O'Dell, Martin and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-2680 SO AS TO AUTHORIZE THE SALES TAX EXEMPTION CERTIFICATE FOR CERTAIN ITEMS TO BE FILED WITH THE RETAILER RATHER THAN PRESENTED AT THE TIME OF EACH SALE, TO REQUIRE THE BUYER MAKING A TAX-EXEMPT PURCHASE PURSUANT TO A CERTIFICATE ON FILE WITH THE RETAILER TO NOTE ON THE PURCHASE INVOICE THE EXEMPT ITEMS, STATE THAT THE PURCHASES ARE FOR EXEMPT PURPOSES, AND SIGN THE PURCHASE INVOICE, AND TO PROVIDE THAT THE PURCHASER'S SIGNATURE ON SUCH AN INVOICE MAKES THE PURCHASER LIABLE FOR ANY TAX DETERMINED TO BE DUE ON THE SALE.

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

The Finance Committee proposed the following amendment (JIC\5839HTC.94), which was adopted:

Amend the bill, as and if amended, by striking SECTION 2 and inserting:

/SECTION 2. This act takes effect January 1, 1995./

Amend title to conform.

Senator PEELER explained the amendment.

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

CARRIED OVER

H. 3374 -- Reps. Harrison, Fulmer, Kelley and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1535 SO AS TO PROHIBIT SPEEDING IN A HIGHWAY WORK ZONE, TO DEFINE HIGHWAY WORK ZONE, AND PROVIDE A PENALTY; AND BY ADDING SECTION 56-5-1895 SO AS TO PROHIBIT PASSING IN A HIGHWAY WORK ZONE, TO DEFINE HIGHWAY WORK ZONE, AND PROVIDE A PENALTY.

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

H. 4321 -- Reps. Gonzales, Jaskwhich, Harvin and Harrell: A BILL TO AMEND SECTION 5-7-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLICE JURISDICTION OVER CERTAIN STREETS ALONG WHICH MUNICIPAL BOUNDARIES RUN, SO AS TO PROVIDE THAT POLICE JURISDICTION INCLUDES PROPERTY ADJACENT TO A STREET OR HIGHWAY ALONG WHICH THE BOUNDARY RUNS.

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

H. 4552 -- Reps. Barber, Wright, McKay, Rudnick, Baxley and Neilson: A BILL TO AMEND SECTION 40-29-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENERGY EFFICIENCY LABELING ON MANUFACTURED HOMES, SO AS TO PROVIDE FOR A PERMANENT LABEL AND A CONSUMER NOTICE; AND TO AMEND SECTION 12-36-2110, AS AMENDED, RELATING TO SALES TAX ON MANUFACTURED HOMES SO AS TO PROVIDE THAT AN EQUIVALENT HEAT LOSS CALCULATION MAY BE USED IN DETERMINING IF STANDARDS HAVE BEEN MET TO QUALIFY FOR THE EXEMPTION FROM THE TAX DUE ABOVE THREE HUNDRED DOLLARS; TO PROVIDE THAT THE EXEMPTION APPLIES IN MANUFACTURED HOMES WHICH HAVE BEEN PREVIOUSLY OCCUPIED BUT MEET THE STANDARDS; AND TO PROVIDE THAT THE EDITION OF THE AMERICAN SOCIETY OF HEATING, REFRIGERATING, AND AIR CONDITIONING ENGINEERS GUIDE IN EFFECT AT THE TIME IS THE SOURCE FOR THE HEAT LOSS CALCULATION.

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

S. 413 -- Senator Land: A BILL TO AMEND SECTION 12-16-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA ESTATE TAX ACT, SO AS TO REVISE THE REFERENCE DATE IN THE DEFINITION OF "INTERNAL REVENUE CODE"; TO AMEND SECTIONS 34-19-50, 34-19-70, 34-19-80, AND 34-19-100, RELATING TO ACCESS TO A DECEDENT'S SAFETY DEPOSIT BOX, OPENING A SAFETY DEPOSIT BOX WITH RENT IN ARREARS, SALE OF UNCLAIMED CONTENTS OF A SAFETY DEPOSIT BOX AND DESTRUCTION OF PRIVATE DOCUMENTS OF NO APPARENT VALUE, SO AS TO ALLOW MILITARY DISCHARGE PAPERS TO BE REMOVED FROM A DECEDENT'S BOX, TO PROVIDE FOR THE RELEASE OF THE BOX CONTENTS TO THE PERSONAL REPRESENTATIVE OF THE DECEDENT, AND TO DELETE REQUIRED NOTICES TO THE TAX COMMISSION FOR REMOVAL OF BOX CONTENTS, TO ALLOW A BOX TO BE OPENED FOR UNPAID RENT AFTER NINETY DAYS RATHER THAN ONE YEAR, TO ALLOW THE SALE OF UNCLAIMED CONTENTS AFTER ONE YEAR RATHER THAN TWO YEARS, AND TO ALLOW DESTRUCTION OF VALUELESS PRIVATE DOCUMENTS AFTER ONE YEAR RATHER THAN TWO YEARS; AND TO REPEAL SECTION 12-16-1520, RELATING TO THE REQUIRED NOTICE TO THE TAX COMMISSION BEFORE TRANSFER OF CERTAIN ASSETS OF DECEDENTS.

Senator LAND explained the Bill.

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

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

CARRIED OVER

S. 245 -- Senators Macaulay, Peeler, McConnell, Martin, Ford, Thomas, Williams and Leatherman: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLISION, COMPREHENSIVE, FIRE, THEFT, AND COMBINED ADDITIONAL MOTOR VEHICLE LIABILITY INSURANCE COVERAGE, SO AS TO MAKE IT OPTIONAL FOR INSURERS TO OFFER COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE; TO PROVIDE THAT ALL INSURERS WRITING SINGLE INTEREST COLLISION COVERAGE SHALL PROVIDE AN APPLICANT FOR THIS INSURANCE WITH A CERTAIN NOTICE THAT MUST BE SIGNED BY THE APPLICANT; AND TO PROVIDE THAT ALL INSURERS SHALL SUBMIT RATE FILINGS WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT WHICH MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT.

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

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

PRESIDENT PRESIDES

At 11:40 A.M., the PRESIDENT assumed the Chair.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

MADE SPECIAL ORDER

H. 4681 -- Reps. McElveen, Sheheen, Wilkins, Phillips, McTeer, Rogers, Farr, McCraw, Shissias, J. Bailey, Meacham, G. Brown, Waites, Cobb-Hunter, Barber, Tucker, Houck, Martin, Kirsh, Wright, Moody-Lawrence, Chamblee, Stille, McLeod, Stoddard, Simrill, Sturkie, D. Wilder, Cooper, Townsend, Hodges, Stuart, Allison, Walker, Snow, Boan, Gamble, Vaughn, Jaskwhich, Delleney, Wells, Neilson, Haskins, Davenport, Hines, Littlejohn, Cato, Beatty, Robinson, Lanford and Jennings: A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994" SO AS TO ESTABLISH A SCHOOL-TO-WORK SYSTEM TO EQUIP ALL STUDENTS WITH RELEVANT ACADEMIC SKILLS, MARKETABLE OCCUPATIONAL SKILLS, AND APPROPRIATE WORK-PLACE BEHAVIORS, TO ACCOMPLISH THE ABOVE THROUGH REVISIONS IN ACADEMIC AND VOCATIONAL CURRICULUM, ESTABLISHMENT OF CAREER EXPLORATION AND COUNSELING INITIATIVES, AND A PROGRAM OF APPRENTICESHIPS, MENTORSHIPS, AND WORK-PLACE EXPERIENCES, TO PROVIDE THAT BEGINNING WITH THE 1995-96 SCHOOL YEAR AND UNDER CERTAIN CONDITIONS, COMPLETION OF APPLIED ACADEMIC COURSES IN MATHEMATICS, SCIENCE, AND COMMUNICATIONS SKILLS SHALL FULFILL HIGH SCHOOL COURSE PREREQUISITE REQUIREMENTS AS EQUIVALENT TO PRECOLLEGE CURRICULUM REQUIREMENTS FOR APPLICANTS TO FOUR-YEAR POST-SECONDARY INSTITUTIONS, TO ESTABLISH A COMMITTEE TO STUDY AND MAKE RECOMMENDATIONS CONCERNING STATE TAX CREDITS FOR WORK-BASED PROGRAMS, HOW TO MAXIMIZE GOVERNMENT AND PRIVATE FUNDING FOR EDUCATION, AND WORKERS' COMPENSATION, INSURANCE AND LIABILITY ISSUES RELATING TO THE SCHOOL-TO-WORK SYSTEM; AND TO AMEND SECTION 41-13-20, RELATING TO CHILD LABOR, SO AS TO PROVIDE THAT NO CHILD UNDER THE AGE OF EIGHTEEN DURING THE REGULAR SCHOOL YEAR MAY WORK MORE THAN TWENTY HOURS A WEEK AND TO PROVIDE EXCEPTIONS.

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

By a division vote of 24 to 6, the Bill was made a Special Order.

MOTION ADOPTED

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

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

CARRIED OVER

H. 3442 -- Rep. Cromer: A BILL TO ALLOW SCHOOL ADMINISTRATORS AND OFFICIALS TO CONDUCT SEARCHES OF STUDENT AREAS ON SCHOOL PROPERTY WITHOUT PROBABLE CAUSE.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 2 (10939JM.94) proposed by Senator MITCHELL and previously printed in the Journal of Wednesday, March 30, 1994.

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

CARRIED OVER

S. 1157 -- Judiciary Committee: A BILL TO AMEND SECTION 2-25-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO STUDY CRIMINAL LAWS, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMITTEE; TO AMEND SECTION 16-1-57, RELATING TO THE CLASSIFICATION OF REPEAT OFFENDERS FOR CERTAIN PROPERTY CRIMES, SO AS TO PROVIDE THAT THIRD OR SUBSEQUENT OFFENSES ARE CLASS E FELONIES; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO VIOLENT CRIMES, SO AS TO ADD THE OFFENSE OF TRAFFICKING IN CRACK COCAINE; TO AMEND SECTION 16-11-330, AS AMENDED, RELATING TO ARMED ROBBERY, SO AS TO REQUIRE A MANDATORY MINIMUM TERM OF IMPRISONMENT OF NOT LESS THAN TEN YEARS, NO PART OF WHICH MAY BE SUSPENDED OR PROBATION GRANTED; TO AMEND SECTION 22-3-545, AS AMENDED, RELATING TO THE TEMPORARY AUTHORITY TO TRANSFER CERTAIN CRIMINAL CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S COURT, SO AS TO MAKE PERMANENT THE AUTHORITY TO TRANSFER THESE CASES; AND TO PROVIDE FOR THE PROSPECTIVE AND RETROSPECTIVE APPLICATION OF THE PROVISIONS OF THIS ACT. (ABBREVIATED TITLE)

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

Senator PASSAILAIGUE moved that the Bill be carried over.

Senator HOLLAND spoke on the motion.

The Bill was carried over.

LOCAL APPOINTMENT

Confirmation

Initial Appointment, Greenville County Magistrate, for balance of term which commenced April 30, 1990, and will expire April 30, 1994:

The Honorable Josephine H. Vernon, 36 Springdale Drive, Travelers Rest S.C. 29690 VICE Honorable Mann Batson (resigned)

Time Fixed

Senator LEATHERMAN moved that when the Senate adjourns on Friday, April 8, 1994, it stand adjourned to meet next Tuesday, April 12, 1994, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 12:00 Noon, on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow, April 8, 1994, at 11:00 A.M.

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