South Carolina General Assembly
112th Session, 1997-1998
Journal of the Senate

Wednesday, March 25, 1998
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear a word from the fourth Chapter of the Book of Genesis (vv. 8-10):
"Cain said to Abel his brother, 'Let us
go out to the field.' And when they were
in the field, Cain rose up against his
brother Abel, and killed him. Then the
Lord said to Cain, 'Where is Abel your
brother?' He said, 'I do not know; am I
my brother's keeper?' And the Lord said,
'What have you done? The voice of your
brother's blood is crying to me from the ground'..."
Let us pray.
Our Father, we are shocked again! We see that human sin has so many faces ... ugly faces! This time the faces of two little school boys in Arkansas. We pray for them, their parents, the parents of those that died, the bewildered schoolmates ... and little children everywhere.
As we now turn to our duties here, facing the problems of our common life, we pray the prayer of an old Welsh singer, William Williams, born 1746:
"Guide me, O Thou great Jehovah,
Pilgrim through this barren land;
I am weak, but Thou are mighty,
Hold me with Thy powerful hand;...
Open now the crystal fountain
Whence the healing streams do flow;
Let the fiery, cloudy pillar
Lead me all my journey through..."
Amen!

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

Doctor of the Day

Senator MARTIN introduced Dr. Lang Winn of Easley, S.C., Doctor of the Day.

OBJECTION

H. 4798 -- Reps. Harrison, Cotty, Sandifer, Klauber, Hawkins, Meacham, Young-Brickell, Barrett, McKay, Kinon, Young and J. Smith: A BILL TO AMEND SECTION 25-1-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE ADJUTANT GENERAL, SO AS TO ALLOW THE ADJUTANT GENERAL TO ORDER A MEMBER OF THE NATIONAL GUARD OR STATE GUARD TO ACTIVE DUTY FOR NOT MORE THAN FIFTEEN DAYS SUBJECT TO THE CONSENT OF THE GOVERNOR AND THE GUARD MEMBER.

Senator WILSON asked unanimous consent to make a motion to recall the Bill from the General Committee.
Senator MOORE objected.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1142 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-125 SO AS TO PROVIDE THAT FOREIGN NATIONALS MAY BE EMPLOYED AS TEACHERS BY THE SCHOOL DISTRICTS OF THIS STATE TO TEACH THEIR NATIVE LANGUAGE IN THE PUBLIC SCHOOLS OF THE DISTRICT IF THEY MEET FEDERAL REQUIREMENTS AND OTHER REQUIREMENTS OF THE STATE BOARD OF EDUCATION.
Read the first time and referred to the Committee on Education.

S. 1143 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO CONGRATULATE THE BLUE RIDGE COUNCIL OF THE BOY SCOUTS OF AMERICA UPON ITS SEVENTY-FIFTH ANNIVERSARY AND TO COMMEND THE COUNCIL'S VOLUNTEERS AND SUPPORTERS FOR PROVIDING THE SCOUTING PROGRAM TO THE YOUTH OF THE UPSTATE.
The Concurrent Resolution was adopted, ordered sent to the House.

S. 1144 -- Senator Bryan: A BILL TO AMEND SECTION 8-11-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF LEAVE AND LUMP-SUM PAYMENT PERMITTED UPON TERMINATION OF EMPLOYMENT, DEATH, OR RETIREMENT OF STATE EMPLOYEES, SO AS TO PROVIDE THAT IF AN EMPLOYEE IS TERMINATED DUE TO A REDUCTION IN FORCE, A LUMP-SUM PAYMENT WILL BE MADE FOR UNUSED LEAVE, NOT TO EXCEED FORTY-FIVE DAYS AND WITHOUT REGARD TO EARNED LEAVE TAKEN DURING THE CALENDAR YEAR.
Read the first time and referred to the Committee on Finance.

S. 1145 -- Senator McConnell: A BILL TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES LAWS, SO AS TO ALLOW SHRIMP BOATS TO DRAG NETS NO CLOSER THAN ONE-HALF MILE OF KIAWAH AND SEABROOK ISLAND BEACHES.
Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 1146 -- Senators McConnell and Giese: A BILL TO AMEND CHAPTER 17, TITLE 16 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY ADDING ARTICLE 9 SO AS TO ENACT THE "SOUTH CAROLINA GANG VIOLENCE ACT" WHICH PROHIBITS CERTAIN CONDUCT IN REGARD TO GANG VIOLENCE AND ACTIVITY AND WHICH PROVIDES CERTAIN PENALTIES FOR VIOLATIONS OF THESE PROHIBITIONS.
Read the first time and referred to the Committee on Judiciary.

S. 1147 -- Senator Leatherman: A BILL TO AMEND SECTION 56-5-2940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING UNDER THE INFLUENCE OF LIQUOR, DRUGS, OR SIMILAR SUBSTANCES, SO AS TO REVISE THE PENALTY FOR A THIRD OFFENSE OF DRIVING UNDER THE INFLUENCE OF LIQUOR, DRUGS, OR SIMILAR SUBSTANCES TO INCLUDE THE CONFISCATION OF THE MOTOR VEHICLE DRIVEN BY THE OFFENDER BY THE DEPARTMENT OF SOCIAL SERVICES AND ITS TRANSFER TO A FAMILY NEEDING A MOTOR VEHICLE TO END ITS DEPENDENCE ON THE STATE'S PUBLIC WELFARE PROGRAMS.
Read the first time and referred to the Committee on Judiciary.

S. 1148 -- Senators Leatherman and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-15 SO AS TO PROVIDE THAT A PARENT WHOSE CHILD DIES AS A RESULT OF THE PARENT'S NEGLECT OF THE CHILD FROM THE PARENT PLAYING VIDEO POKER IS GUILTY OF MURDER.
Read the first time and referred to the Committee on Judiciary.

S. 1149 -- Senator Washington: A BILL TO AMEND ACT 340 OF 1967, AS LAST AMENDED BY ACT 936 OF 1970, RELATING TO THE CHARLESTON COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO REDUCE THE NUMBER OF CONSTITUENT SCHOOL DISTRICTS OF THE CHARLESTON CONSOLIDATED SCHOOL DISTRICT FROM EIGHT TO THREE, TO ESTABLISH NINE NUMBERED SEATS FOR THE ELECTION OF TRUSTEES, TO REQUIRE A MEMBER ELECTED TO A SEAT TO BE A RESIDENT OF THE CONSTITUENT DISTRICT WHERE THE SEAT IS ESTABLISHED, TO PROVIDE FOR ELECTIONS, AND TO PROVIDE FOR PRECLEARANCE SUBMISSION OF THE ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE.
Read the first time and ordered placed on the local and uncontested Calendar without reference.

H. 4360 -- Reps. Limehouse, Wilkins, Altman, Barrett, Bauer, Barfield, H. Brown, Campsen, Cato, Dantzler, Davenport, Delleney, Felder, Fleming, Harrell, Harrison, Haskins, Hawkins, Jordan, Keegan, Kelley, Kinon, Klauber, Law, Littlejohn, Lloyd, McMaster, Maddox, Rice, Riser, Robinson, Sandifer, D. Smith, F. Smith, R. Smith, Tripp, Trotter, Vaughn, Whatley, Witherspoon, Young, Bailey, Cotty, Hinson, Gamble, Knotts, Leach, Meacham, Rodgers, Seithel, Stille, Easterday, Mason, Young-Brickell and J. Smith: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 48 SO AS TO ENACT THE "SEXUALLY VIOLENT PREDATOR ACT" INCLUDING PROVISIONS TO ESTABLISH PROCEDURES FOR DETERMINING IF A PERSON IS A SEXUALLY VIOLENT PREDATOR, TO PROVIDE FOR THE RIGHTS OF SUCH PERSONS IN THIS PROCESS, AND TO AUTHORIZE THE COMMITMENT OF SUCH PERSON TO THE DEPARTMENT OF MENTAL HEALTH UPON ANTICIPATION OF RELEASE FROM INCARCERATION UNTIL THE PERSON IS SAFE TO BE AT LARGE; TO AMEND SECTION 16-3-1110, RELATING TO DEFINITIONS IN REGARD TO COMPENSATION OF VICTIMS OF CRIME AND TOLLING THE STATUTE OF LIMITATIONS FOR VICTIMS OF CRIME WHO HAVE A CAUSE OF ACTION AGAINST AN INCARCERATED OFFENDER, SO AS TO FURTHER PROVIDE FOR THE TOLLING OF THE STATUTE OF LIMITATIONS FOR VICTIMS OF CRIME IN REGARD TO PERSONS RELEASED FROM COMMITMENT PURSUANT TO CHAPTER 48 OF TITLE 44; TO AMEND CHAPTER 3, TITLE 24, RELATING TO THE STATE PRISON SYSTEM, BY ADDING SECTION 24-3-85 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ADMIT AND DETAIN PERSONS TRANSFERRED PURSUANT TO AN INTERAGENCY AGREEMENT AUTHORIZED BY CHAPTER 48 OF TITLE 44; AND TO AMEND SECTION 44-22-10, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO THE RIGHTS OF MENTAL HEALTH PATIENTS, SO AS TO EXCLUDE FROM THE DEFINITION OF "PATIENT" A PERSON COMMITTED TO THE DEPARTMENT PURSUANT TO CHAPTER 48 OF TITLE 44.
Read the first time and referred to the Committee on Judiciary.

H. 4457 -- Reps. Rodgers, Tripp, Altman, Littlejohn, Simrill, Meacham, Hinson, Allison, Bowers, Stuart, H. Brown, Loftis, Harrell, Witherspoon, Kennedy, Young-Brickell, Spearman, Barfield, McCraw, Kirsh, Davenport, Phillips, Kelley, Walker, Boan, Beck, Cato, Mason, Leach, Hamilton and Limehouse: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO AMEND THE CONSTITUTION OF THE UNITED STATES AND SUBMIT TO THE STATES FOR RATIFICATION AN AMENDMENT TO REQUIRE ALL FEDERAL COURT JUDGES TO BE RECONFIRMED BY THE UNITED STATES SENATE EVERY TEN YEARS, AND TO ENACT LEGISLATION ACCORDINGLY.
Introduced and referred to the Committee on Judiciary.

H. 4563 -- Reps. Sandifer and Barrett: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT EXIT ONE AT ITS NORTHBOUND ENTRANCE ALONG INTERSTATE HIGHWAY 85 IN OCONEE COUNTY THAT INFORM MOTORISTS THAT THE CITY OF SENECA MAY BE ACCESSED FROM THIS EXIT.
Introduced and referred to the Committee on Transportation.

H. 4677 -- Rep. Barfield: A CONCURRENT RESOLUTION URGING THE SOUTH CAROLINA CONGRESSIONAL DELEGATION AND SPECIFICALLY THE HONORABLE STROM THURMOND AND THE HONORABLE FLOYD SPENCE TO SUPPORT AND EXPEDITE THE UPGRADE OF COLONEL LOGAN E. WESTON'S DISTINGUISHED SERVICE CROSS TO THE CONGRESSIONAL MEDAL OF HONOR.
Introduced and referred to the General Committee.

H. 4679 -- Rep. Barfield: A CONCURRENT RESOLUTION TO MEMORIALIZE THE SECRETARY OF DEFENSE TO REESTABLISH CIVILIAN CONTROL OVER THE MILITARY DEPARTMENTS AND EFFECTIVE CUSTODIANSHIP OVER THE ARMY NATIONAL GUARD AND TO MEMORIALIZE CONGRESS TO SUPPORT AND MONITOR THE SECRETARY OF DEFENSE IN THESE MATTERS AND TO PROVIDE FOR CERTAIN SENIOR NATIONAL GUARD OFFICERS TO BE OF SUFFICIENT RANK AND AUTHORITY TO PARTICIPATE IN THE DEFENSE BUDGETING PROCESS.
Introduced and referred to the General Committee.

H. 4709 -- Reps. Stoddard, Wilder and Carnell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE HIGHWAY 127 BYPASS IN LAURENS COUNTY AS THE "WILLIAM L. PATTERSON HIGHWAY" IN HONOR OF WILLIAM L. PATTERSON, A FORMER HIGHWAY COMMISSIONER FROM LAURENS COUNTY AND TO ERECT THE APPROPRIATE SIGNS.
Introduced and referred to the Committee on Transportation.

H. 4710 -- Reps. Stoddard, Wilder and Carnell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF EAST FARLEY AVENUE LOCATED IN THE CITY OF LAURENS AS THE "ISAAC WHITE AVENUE" IN HONOR OF ISAAC WHITE, A LONG-TIME EDUCATOR AND COMMUNITY LEADER, AND TO ERECT APPROPRIATE SIGNS TO THAT EFFECT.
Introduced and referred to the Committee on Transportation.

H. 4728 -- Reps. Battle, Witherspoon, Barfield, M. Hines and Miller: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO RENAME THE GALIVANT'S FERRY PUBLIC BOAT LANDING IN MARION COUNTY AS THE JOSEPH W. HOLLIDAY BOAT LANDING.
Introduced and referred to the Committee on Transportation.

H. 4859 -- Reps. Govan, Felder, Sharpe, Cobb-Hunter and Stuart: A CONCURRENT RESOLUTION COMMENDING PAUL E. ROBINSON, SR., OF ORANGEBURG COUNTY FOR HIS OUTSTANDING BUSINESS CAREER AND MANY CONTRIBUTIONS TO THE COMMUNITY, AND EXTENDING BEST WISHES TO HIM UPON HIS RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4860 -- Reps. J. Brown, Howard, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO EXTEND THE SINCERE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MRS. WILLIS J. CHARLES, PRINCIPAL OF EAU CLAIRE HIGH SCHOOL, FOR HER SELFLESS DEDICATION TO THE STUDENTS, FACULTY, AND STAFF OF EAU CLAIRE HIGH SCHOOL AND TO CELEBRATE THE LOVE SHE SO FREELY GIVES TO OTHERS.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4880 -- Reps. Harvin and Young: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING JOHN CORBETT AND JOANNE CORBETT OF MANNING ON THE OCCASION OF THEIR BEING NAMED THE RECIPIENT OF THE CLARENDON COUNTY BUSINESS PERSON OF THE YEAR AWARD.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4890 -- Rep. Delleney: A CONCURRENT RESOLUTION CONGRATULATING THE RED DEVILS OF GREAT FALLS HIGH SCHOOL ON WINNING THE CLASS A BOYS BASKETBALL STATE CHAMPIONSHIP FOR 1998.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4891 -- Rep. Allison: A CONCURRENT RESOLUTION EXTENDING THE BEST WISHES AND HEARTFELT CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO OUR CURRENT MISS SOUTH CAROLINA, JANET LEA POWERS OF HARTSVILLE, ON WEDNESDAY, APRIL 22, 1998, ON THE SPECIAL OCCASION OF "MISS SOUTH CAROLINA APPRECIATION DAY".
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4893 -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXTEND THE GRATITUDE AND APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO FORMER STATE HIGHWAY COMMISSIONER, THE HONORABLE SAM O. GAMBLE OF MANNING, SOUTH CAROLINA, FOR HIS UNBOUNDED COMMITMENT AND CONTRIBUTIONS TO CLARENDON COUNTY AND THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.

REPORTS OF STANDING COMMITTEES

Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:
H. 3789 -- Reps. Limehouse, Altman, Hawkins, Chellis, J. Brown, Easterday, Cato, Edge, Maddox, Beck, Webb, Tripp, Byrd, Whatley, Littlejohn, Riser, Inabinett and Harrell: A BILL TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON TAKING CERTAIN FISH, SO AS TO DELETE SIZE LIMITATIONS FOR SPOTTED SEA TROUT AND RED DRUM; AND TO AMEND SECTION 50-17-520, AS AMENDED, RELATING TO LIMITS ON THE MAXIMUM NUMBER OF DAILY TAKE OF CERTAIN FISH, SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES TO ESTABLISH AND ADJUST SIZE AND THE MAXIMUM NUMBER OF DAILY TAKE OF FISH WITHIN SPECIFIED LIMITS FOR TWELVE SPECIES OF SALTWATER FISH.
Ordered for consideration tomorrow.

Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:
H. 4399 -- Reps. Wilkins, Townsend, Harrell, Haskins, Allison, J. Hines, Hinson, D. Smith, R. Smith, Stuart, Walker, Limehouse, Maddox, Spearman, Vaughn, G. Brown, Battle, Whatley, Barfield, Barrett, Young-Brickell, Bailey, Meacham, Neilson, Rice, Bauer, McCraw, Martin, Chellis, Rodgers, Delleney, Littlejohn, Stille, Stoddard, Cato, J. Brown, Law, Cotty, Witherspoon, Kinon, Knotts, Rhoad, Riser, Mason, Dantzler, Edge, McKay, Sandifer, Davenport, McGee, Gamble, McMaster, Felder, Byrd, Lanford, Miller, Phillips, Koon, McMahand, Kirsh, Quinn, Wilkes, Cromer, Cooper, Wilder, Harvin, Harrison, H. Brown, Sharpe, Woodrum, Beck and T. Brown: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 8 SO AS TO ENACT THE "SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY STANDARDS FOR SCHOOLS (PASS) ACT" INCLUDING PROVISIONS TO ESTABLISH A PASS COMMISSION AND PROVIDE FOR ITS FUNCTIONS AND DUTIES, TO REQUIRE THE ADOPTION OF CERTAIN STATE EDUCATION STANDARDS BY THE STATE BOARD OF EDUCATION, AND CREATE AN ASSESSMENT SYSTEM TO MONITOR THE ATTAINMENT OF THESE STANDARDS, TO PROVIDE FOR ANNUAL REPORT CARDS, PERFORMANCE INDICATORS AND AWARDS FOR SCHOOLS, TO PROVIDE ASSISTANCE FOR POORLY PERFORMING SCHOOLS, AND TO PROVIDE A STATE-FUNDED PROGRAM OF INCENTIVES FOR PRINCIPALS AND TEACHERS AND FOR THEIR PROFESSIONAL DEVELOPMENT; AND TO REPEAL CHAPTER 6 OF TITLE 59 RELATING TO MONITORING IMPLEMENTATION OF THE EDUCATION IMPROVEMENT PROGRAM.
Ordered for consideration tomorrow.

H. 3764--CONFERENCE COMMITTEE APPOINTED
Message from the House

Columbia, S.C., March 24, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3764 -- Reps. Cato, Harrison, Cromer, Altman, Hawkins, J. Hines, Bauer, Lee, Limehouse, Wilder, Campsen, Fleming, Haskins, Kelley, Mason, Walker, Mullen, Barrett, Neilson, Hinson, Seithel, Inabinett, Cobb-Hunter, Scott, Chellis, McKay, Webb, Sandifer, Young, Woodrum, Young-Brickell, Bailey, Simrill, Sharpe, Stuart, Spearman, Koon, McCraw, Kirsh, Trotter, H. Brown, Boan, Limbaugh, Knotts, Gourdine, Kinon, Dantzler, Law, Meacham, Robinson, Riser, D. Smith, Bowers, Baxley, Quinn, Edge, Maddox, Whatley, Vaughn, McMahand, F. Smith, Battle, Miller, Davenport, Harrell, Hodges, Harvin, Pinckney, Littlejohn, Gamble, Wilkins and Clyburn: A BILL TO AMEND SECTION 40-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF THE TITLE AND DESIGNATIONS AS "CERTIFIED PUBLIC ACCOUNTANT" AND THE FORM OF PRACTICES THAT MAY BE USED SO AS TO DELETE CERTAIN PROVISIONS FOR FORMS OF PRACTICE; TO AMEND SECTION 40-2-190, RELATING TO REGISTRATION REQUIREMENTS, SO AS TO DELETE THE PROVISION THAT THE EXPERIENCE REQUIREMENT MUST BE EXPERIENCE SATISFACTORY TO THE SOUTH CAROLINA BOARD OF ACCOUNTANCY, TO PROHIBIT A MINIMUM EXPERIENCE REQUIREMENT FOR AUDITING FINANCIAL STATEMENTS; AND TO AMEND SECTION 40-2-380, RELATING TO THE PROMULGATION OF REGULATIONS BY THE BOARD OF ACCOUNTANCY SO AS TO REQUIRE THE BOARD OF ACCOUNTANCY TO PROMULGATE REGULATIONS CONFORMING TO AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS STANDARDS FOR CONTINGENT FEES, COMMISSIONS, AND FORMS OF PRACTICE AND TO PROVIDE THAT UNTIL THESE REGULATIONS ARE PROMULGATED, THE INSTITUTE STANDARDS APPLY.
asks for a Committee of Conference, and has appointed Reps. Chellis, Canty and Gamble of the committee on the part of the House.

Very respectfully,
Speaker of the House

Whereupon, the PRESIDENT Pro Tempore appointed Senators MOORE, PASSAILAIGUE and ALEXANDER of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

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

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 3601 -- Rep. Boan: A BILL TO AMEND SECTION 59-53-57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN FUNDING FOR THE SOUTH CAROLINA TECHNICAL EDUCATION SYSTEM AND THE PRIVATE JOB TRAINING REVIEW COMMITTEE WHICH PROVIDES ADVICE ON THE UTILIZATION OF SHORT-TERM ADULT FUNDING, SO AS TO DELETE SUCH COMMITTEE AND CORRESPONDING REFERENCES THERETO.

Senator SETZLER asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.

HOUSE BILLS RETURNED

The following House Bills were read the third time and ordered returned to the House with amendments:

H. 3619 -- Rep. Wilkes: A BILL TO AMEND SECTION 50-11-27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL HUNTING OF MIGRATORY WATERFOWL ON CERTAIN PORTIONS OF LAKE MURRAY WITHIN TWO HUNDRED YARDS OF A DWELLING WITHOUT THE WRITTEN PERMISSION OF THE OWNER OR OCCUPANT, SO AS TO MAKE SUCH PROVISIONS APPLICABLE TO LAKE WATEREE.
(By prior motion of Senator PEELER, with unanimous consent)

H. 4346 -- Reps. Stuart, Stoddard, Leach, Rodgers, Loftis, Martin, Neal, Mason, Stille, Walker and Woodrum: 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 78 SO AS TO PROVIDE CERTAIN PRODUCTION AND DISTRIBUTION GUIDELINES FOR SPECIAL LICENSE PLATES; AND TO AMEND SECTION 56-3-3710, AS AMENDED, RELATING TO THE PRODUCTION AND DISTRIBUTION OF SPECIAL COLLEGE AND UNIVERSITY LICENSE PLATES, SO AS TO REVISE THE PROCEDURE TO REQUEST A CHANGE IN A LICENSE PLATE EMBLEM, SEAL, OR SYMBOL.

H. 4594 -- Reps. Rhoad, Bowers, R. Smith, Koon, Limehouse, Bauer, Bailey, Inabinett, Battle, J. Smith, Witherspoon, Sharpe, Davenport, T. Brown, Law, Webb, McAbee, Wilkes, Lloyd, Neal, Knotts, Edge, Miller, Hamilton, Loftis, Riser, Cave, Barfield, Littlejohn, Dantzler, Harvin, Phillips, Maddox, Hinson, Rodgers, Baxley, Leach, Cromer, Jennings and Neilson: A BILL TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT AUTHORIZED TO BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO AUTHORIZE THE USE OF BREAM ON THE EDISTO RIVER ON CERTAIN SET HOOKS.
(By prior motion of Senator PEELER, with unanimous consent)

THIRD READING BILLS

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

S. 1084 -- Senator Land: A BILL TO AMEND SECTION 56-1-2070(B)(2)(b) OF THE 1976 CODE, RELATING TO THE COMMERCIAL MOTOR VEHICLE LICENSES, BY ADOPTING FEDERAL EXEMPTIONS ALLOWING FOR THE TRANSPORTATION OF CERTAIN HAZARDOUS WASTE MATERIALS WHICH POSE NO SUBSTANTIAL THREAT TO PUBLIC HEALTH AND SAFETY WHEN USED IN NORMAL FARMING OPERATIONS.

S. 1110 -- Senators McConnell and Saleeby: A BILL TO AMEND SECTION 38-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF INSURANCE AND THE CONVERSION OF CERTAIN LICENSES TO A BIENNIAL FEE-COLLECTION PERIOD, SO AS TO PROVIDE THAT AN AGENT TRANSACTING THE BUSINESS OF INSURANCE SHALL PAY A LICENSE FEE FOR TWO YEARS TO THE DEPARTMENT WITHIN THIRTY DAYS AFTER SEPTEMBER 1, 1992, AND EVERY TWO YEARS AFTER THAT TIME WITHIN THIRTY DAYS AFTER SEPTEMBER FIRST, RATHER THAN JULY FIRST, EVERY EVEN-NUMBERED YEAR; TO AMEND SECTION 38-9-40, AS AMENDED, RELATING TO THE INSURANCE LAW, CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS, AND THE DUTY OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO NOTIFY INSURERS OF CERTAIN REQUIRED AMOUNTS, SO AS TO REQUIRE THAT A SCHEDULE OF THE REQUIRED AMOUNTS MUST BE MAINTAINED BY EACH INSURER, AND TO DELETE THE REQUIREMENT THAT THE SCHEDULE BE PUBLISHED IN ALL SUCCEEDING ANNUAL REPORTS OF THE DEPARTMENT THAT ARE SUBMITTED TO THE GENERAL ASSEMBLY THROUGH THE GOVERNOR; TO AMEND SECTION 38-45-90, AS AMENDED, RELATING TO INSURANCE BROKERS AND SURPLUS LINES INSURANCE, THE DUTIES OF BROKERS WHEN PLACING BUSINESS WITH NONADMITTED INSURERS, AND CERTAIN STATEMENTS AND REPORTS, SO AS TO, AMONG OTHER THINGS, DELETE THE REQUIREMENT THAT THE DEPARTMENT OF INSURANCE LIST ALL ELIGIBLE SURPLUS LINES INSURERS IN ITS ANNUAL REPORT TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE WHO SHALL SUBMIT THIS REPORT TO THE GENERAL ASSEMBLY; AND TO REPEAL SECTIONS 38-3-70, RELATING TO CERTAIN ANNUAL REPORTS AND RECOMMENDATIONS OF THE DEPARTMENT OF INSURANCE TO THE GENERAL ASSEMBLY, AND 38-79-10, RELATING TO THE REQUIREMENT THAT MEDICAL MALPRACTICE INSURANCE CLAIMS BE FILED BY INSURERS WITH THE DEPARTMENT OF INSURANCE.

SECOND READING BILLS
WITH NOTICE OF GENERAL AMENDMENTS

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

H. 4354 -- Reps. Cato, Kirsh, Mason, Sandifer and Seithel: A BILL TO AMEND SECTION 34-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT OF MEMBERS TO THE STATE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO REFLECT THE MERGER OF THE SOUTH CAROLINA BANKERS ASSOCIATION AND THE STATE SAVINGS AND LOAN LEAGUE.
Senator SALEEBY explained the Bill.

H. 4543 -- Rep. Gamble: A BILL TO AMEND SECTION 34-13-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM AMOUNTS OF BANK LOANS, SO AS TO CONFORM THE AMOUNTS TO FEDERAL LAW BY SETTING THE MAXIMUMS AS PERCENTAGES OF THE BANK'S UNIMPAIRED CAPITAL AND BY DEFINING "UNIMPAIRED CAPITAL".
Senator McCONNELL explained the Bill.

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

S. 992 -- Senator Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-1495 SO AS TO PROVIDE DEFINITIONS RELATED TO THE COLLECTION OF TOLLS, TO PROVIDE THAT CERTAIN PERSONS ARE LIABLE FOR FAILURE TO PAY TOLLS, TO PROVIDE FOR PENALTIES FOR FAILURE TO PAY TOLLS, TO PROVIDE FOR ENFORCEMENT, NOTIFICATION, AND ADJUDICATION PROCEDURES FOR TOLL VIOLATIONS, AND TO PROVIDE FOR ELECTRONIC COLLECTION OF TOLLS AND RESTRICTIONS ON THE USE OF PHOTOGRAPHS AND OTHER RECORDED IMAGES USED DURING TOLL COLLECTION.

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

The Committee on Transportation proposed the following amendment (992T001.STC), which was adopted:
Amend the bill, as and if amended, page 992-3, beginning on line 6, by striking lines 6 through 16 and inserting:
/(F)   If a magistrate or municipal judge determines that the person or entity charged with liability under this section is liable, the magistrate or municipal judge shall collect the unpaid tolls and administrative fee and forward them to the department or its authorized agent. The magistrate or municipal judge also may impose a civil penalty of up to fifty dollars for each violation, plus court costs and attorney's fees. The civil penalty must be distributed in the same manner as other fines and penalties collected by the magistrate. Notwithstanding another provision of law:
(1)   adjudication of liability pursuant to this section must be made by the magistrate's court of the county in which the toll facility is located or the municipal court of the city in which the toll facility is located; and/.
Amend the bill further, as and if amended, page 992-3, line 41, after the word / occurred   / by inserting:
/or the municipal court of the city in which the violation has occurred/.
Amend the bill further, as and if amended, page 992-5, line 1, after the word / court / by inserting:
/or the municipal court/.
Amend the bill further, as and if amended, page 992-6, line 23, by inserting:
/"(M)   Notwithstanding any other provision of law, public school buses transporting public school children for a school event shall be exempt from the payment of any tolls."/
Amend title to conform.
Amend sections to conform.

Senator PASSAILAIGUE explained the committee amendment.

The amendment was adopted.

Senator CORK proposed the following amendment (992C001.HAC), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/This act takes effect upon approval by the Governor. However; if the Department of Transportation has a toll facility already in operation upon the effective date of this act, they are entitled to make retroactive application for compliance with the provisions of this act but only for the period that they opened a toll facility and began charging the toll./
Amend title to conform.
Renumber sections to conform.

Senator CORK explained the amendment.

The amendment was adopted.

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

CARRIED OVER

The following Bills and Joint Resolutions were carried over:

S. 778 -- Senator Bryan: A BILL TO AMEND VARIOUS SECTIONS OF CHAPTER 47, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC SAFETY COMMUNICATION, SO AS TO ADD APPROPRIATE DEFINITIONS; ESTABLISH A MONTHLY COMMERCIAL MOBILE RADIO SERVICE (CMRS) 911 CHARGE FOR EACH CMRS CONNECTION WITH A SOUTH CAROLINA BILLING ADDRESS OR MOBILE IDENTIFICATION NUMBER CONTAINING A SOUTH CAROLINA AREA CODE; TO ESTABLISH THE CMRS EMERGENCY TELEPHONE SERVICE BOARD AND PROVIDE FOR ITS COMPOSITION AND FUNCTIONS; TO PROVIDE FOR ALLOCATION AND DISTRIBUTION OF THE REVENUES GENERATED BY THE COLLECTION OF THE CMRS 911 CHARGES; AND TO EXEMPT CERTAIN CMRS PROVIDERS, OR SERVICE SUPPLIERS, AND THEIR OFFICERS, EMPLOYEES, ASSIGNS, OR AGENTS FROM CIVIL AND CRIMINAL LIABILITY IN CONNECTION WITH DEVELOPMENT, DESIGN, INSTALLATION, OPERATION, MAINTENANCE, PERFORMANCE, OR PROVISION OF 911 SERVICE AND PROVISION OF SUBSCRIBER INFORMATION TO GOVERNMENTAL ENTITIES.
On motion of Senator MOORE, the Bill was carried over.

S. 842 -- Senators Leventis, Hayes, Lander, Wilson, Giese, Mescher and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-375 THEREBY ENACTING THE SELECTIVE SERVICE REGISTRATION AWARENESS AND COMPLIANCE ACT SO AS TO PROHIBIT AN INDIVIDUAL FROM ENROLLING IN OR RECEIVING FINANCIAL ASSISTANCE TO ATTEND A STATE-SUPPORTED INSTITUTION OF POSTSECONDARY HIGHER EDUCATION UNLESS THE PERSON HAS COMPLIED WITH THE FEDERAL MILITARY SELECTIVE SERVICE ACT.
On motion of Senator LANDER, the Bill was carried over.

H. 3792 -- Reps. Cato and Walker: A BILL TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISKS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT INSURERS THAT PARTICIPATE IN THE VOLUNTARY MARKET SHALL PARTICIPATE IN CERTAIN MECHANISMS PROVIDED FOR IN THIS SECTION AND SHALL PAY THEIR ASSESSMENTS, IF ANY.
On motion of Senator LEATHERMAN, the Bill was carried over.

S. 994 -- Senators Short, Jackson and Gregory: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 39 SO AS TO ENACT THE SOUTH CAROLINA DEFERRED PRESENTMENT SERVICES ACT, PROVIDING FOR LICENSING AND REGULATION OF PERSONS OFFERING DEFERRED PRESENTMENT SERVICES.
On motion of Senator LEATHERMAN, the Bill was carried over.

S. 1137 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO PALMETTO FELLOWS SCHOLARSHIP: 1997-1998, DESIGNATED AS REGULATION DOCUMENT NUMBER 2256, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator SETZLER, the Joint Resolution was carried over.

S. 1138 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO NEED-BASED GRANTS PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2238, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator SETZLER explained the Joint Resolution.

On motion of Senator SETZLER, the Joint Resolution was carried over.

CO-SPONSOR ADDED

S. 968 -- Senators Giese, Wilson, Waldrep and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-90 SO AS TO REQUIRE REFERENDUMS ON THE QUESTION OF RAISING THE BONDED INDEBTEDNESS LIMITS OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS TO BE HELD AT THE GENERAL ELECTION.
On motion of Senator COURSON, with unanimous consent, his name was added as a co-sponsor of the Bill.

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

DEBATE INTERRUPTED

S. 947 -- Senators Ryberg, Hayes, Gregory, Drummond, Holland, J. Verne Smith, Leatherman, Bryan, Courson, Giese, Thomas, Wilson, Russell, McGill, O'Dell, Reese, Lander, Martin, Waldrep, Alexander, Fair, Grooms and Anderson: A BILL TO AMEND SECTIONS 12-21-2710, AS AMENDED, 12-21-2712, 12-21-2720, AS AMENDED, AND 12-21-2726, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COIN-OPERATED MACHINES OR DEVICES, SO AS TO EXTEND THE PROHIBITION ON SLOT MACHINES AND OTHER MACHINES OR DEVICES PERTAINING TO GAMES OF CHANCE TO VIDEO GAMES WITH A FREE PLAY FEATURE OR ANY OTHER COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING, TO EXTEND THE SEIZURE AND DESTRUCTION PROVISIONS APPLICABLE TO GAMES OF CHANCE TO THESE EXPANDED PROHIBITIONS, TO CONFORM EXISTING LICENSING REQUIREMENTS FOR COIN-OPERATED MACHINES AND DEVICES TO THESE EXPANDED PROHIBITIONS AND TO DELETE REFERENCES TO PROVISIONS OF LAW REPEALED BY THIS SECTION; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO DELETE THE OFFENSE OF OPERATING AN UNMETERED VIDEO GAME WITH A FREE PLAY FEATURE; TO AMEND SECTIONS 16-19-40 AND 16-19-50, RELATING TO THE OFFENSE OF GAMBLING, SO AS TO EXTEND THESE OFFENSES SPECIFICALLY TO PLAYING OR MAINTAINING ANY LICENSED COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING PURPOSES; TO PROVIDE FOR A ONE-YEAR LICENSE PERIOD FOR VIDEO GAMES WITH A FREE PLAY FEATURE FOR LICENSES ISSUED FOR A PERIOD BEGINNING AFTER MAY 31, 1998, AT A FEE OF FOUR THOUSAND DOLLARS; AND TO REPEAL SECTIONS 12-21-2703, 16-19-60, AND ARTICLE 20, CHAPTER 21 OF TITLE 12, RELATING RESPECTIVELY TO THE RETAIL LICENSE REQUIREMENT FOR A LOCATION WITH VIDEO GAMES WITH A FREE PLAY FEATURE, THE EXEMPTION OF VIDEO GAMES WITH A FREE PLAY FEATURE FROM THE GAMBLING OFFENSES, AND THE VIDEO GAMES MACHINES ACT.

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

Senator McCONNELL argued contra to the Bill.

ACTING PRESIDENT PRESIDES

Senator MARTIN assumed the Chair at 12:35 P.M.

Senator McCONNELL continued arguing contra to the Bill.

Point of Personal Privilege

Senator LANDER rose to a Point of Personal Privilege.

Senator FAIR argued in favor of the Bill.
Senator LAND argued contra to the Bill.

PRESIDENT PRESIDES

The PRESIDENT assumed the Chair at 1:52 P.M.

Senator LAND continued arguing contra to the Bill.

ACTING PRESIDENT PRESIDES

Senator THOMAS assumed the Chair at 3:21 P.M.

Senator LAND continued arguing contra to the Bill.
Senator PASSAILAIGUE argued contra to the Bill.

Point of Order

Senator RYBERG raised a Point of Order that the speaker's remarks were not germane to the Bill.
Senators McCONNELL, PASSAILAIGUE and RYBERG spoke on the Point of Order.
The ACTING PRESIDENT overruled the Point of Order.

Senator PASSAILAIGUE argued contra to the Bill.
Senator HUTTO argued contra to the Bill.

PRESIDENT PRESIDES

The PRESIDENT assumed the Chair at 4:47 P.M.

Senator HUTTO argued contra to the Bill.

ACTING PRESIDENT PRESIDES

Senator LEATHERMAN assumed the Chair at 6:25 P.M.

Senator HUTTO continued arguing contra to the Bill.
Senator PATTERSON argued contra to the Bill.

PRESIDENT PRESIDES

The PRESIDENT assumed the Chair at 7:58 P.M.

Senator PATTERSON argued contra to the Bill.

Point of Quorum

Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

Senator PATTERSON continued arguing contra to the Bill.
Senator RAVENEL argued contra to the Bill.

ACTING PRESIDENT PRESIDES

Senator MARTIN assumed the Chair at 9:45 P.M.

Senator RAVENEL argued contra to the Bill.

PRESIDENT PRESIDES

The PRESIDENT assumed the Chair at 10:55 P.M.

Senator RAVENEL argued contra to the Bill.
Senator GLOVER argued contra to the Bill.

Point of Quorum

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

Call of the Senate

Senator LEATHERMAN moved that a Call of the Senate be made. The following Senators answered the call:

Alexander                 Anderson                  Branton
Bryan                     Courson                   Courtney
Drummond                  Elliott                   Fair
Ford                      Giese                     Glover
Gregory                   Grooms                    Hayes
Hutto                     Jackson                   Land
Lander                    Leatherman                Leventis
Martin                    Matthews                  McGill
Mescher                   Moore                     O'Dell
Passailaigue              Patterson                 Rankin
Ravenel                   Reese                     Russell
Ryberg                    Setzler                   Short
Smith, J. Verne           Thomas                    Waldrep
Washington                Wilson                    

A quorum being present, the Senate resumed.

Presence Recorded

Senator McCONNELL recorded his presence subsequent to the Call of the Senate.

Senator GLOVER argued contra to the Bill.

ACTING PRESIDENT PRESIDES

Senator WILSON assumed the Chair at 12:55 A.M.

Senator GLOVER continued arguing contra to the Bill.

PRESIDENT PRESIDES

The PRESIDENT assumed the Chair at 1:33 A.M.

Senator BRANTON argued contra to the Bill.

Point of Quorum

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

Call of the Senate

Senator HAYES moved that a Call of the Senate be made. The following Senators answered the call:

Alexander                 Anderson                  Branton
Bryan                     Courson                   Courtney
Drummond                  Elliott                   Fair
Ford                      Giese                     Glover
Gregory                   Grooms                    Hayes
Hutto                     Jackson                   Land
Lander                    Leatherman                Leventis
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore
O'Dell                    Passailaigue              Patterson
Rankin                    Ravenel                   Reese
Russell                   Ryberg                    Short
Smith, J. Verne           Thomas                    Waldrep
Washington                Wilson                    

A quorum being present, the Senate resumed.

Senator BRANTON argued contra to the Bill.

At 3:00 A.M., Senator BRANTON moved that the Senate stand adjourned.

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

Ayes 17; Nays 22

AYES

Branton                   Courtney                  Elliott
Ford                      Glover                    Hutto
Jackson                   Land                      Leventis
Matthews                  McConnell                 Mescher
O'Dell                    Passailaigue              Patterson
Ravenel                   Washington                

Total--17

NAYS

Alexander                 Courson                   Drummond
Fair                      Giese                     Gregory
Grooms                    Hayes                     Lander
Leatherman                Martin                    McGill
Moore                     Rankin                    Russell
Ryberg                    Setzler                   Short
Smith, J. Verne           Thomas                    Waldrep
Wilson                    

Total--22

PAIRED

Anderson   (Present) Nay
Cork   (Absent) Aye

PAIRED

Bryan   (Present) Nay
Saleeby   (Absent) Aye

The Senate refused to adjourn.

Senator BRANTON was recognized.

Parliamentary Inquiry

Senator THOMAS made a Parliamentary Inquiry as to whether or not this would be the second time that the Senator had spoken on the Bill.
The PRESIDENT stated that inasmuch as the Senator made a motion to adjourn, he had relinquished the floor and this would be the second time that the Senator had been recognized to speak on the Bill.

Senator BRANTON argued contra to the Bill.

On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by recess, Senator BRANTON retaining the floor.

RECESS

At 3:45 A.M., on motion of Senator DRUMMOND, with unanimous consent, the Senate receded from business until 10:00 A.M., Thursday, March 26, 1998, the legislative day of Wednesday, March 25, 1998.

MORNING SESSION

The Senate reassembled at 10:00 A.M., Thursday, March 26, 1998, the legislative day of Wednesday, March 25, 1998, and was called to order by the PRESIDENT.

COMMUNICATION

On motion of Senator BRYAN, with unanimous consent, the following article, reprinted from the March 1998, issue of "Columbia Business Monthly" was ordered printed in the Journal:

'Isadore Lourie, Attorney, 1998 Ambassador of the Year'

"Effective." That's the first adjective that comes to Dick Riley's lips when he begins talking about Isadore Lourie. "I served with Senator Lourie in the House, the Senate, and while I was governor," says the man who now serves as Secretary of Education in Washington, D.C. "He was always a very, very effective legislator. He always kept his eye on getting things done, rather than on political rhetoric."
Isadore Lourie's career in law was a foregone conclusion from the time he was a boy, but it first took shape in the mind of his mother. And that was just fine with Isadore.
The youngest of four brothers, Lourie was born and reared in St. George, where his Russian immigrant father and his Polish immigrant mother operated a successful clothing store. Across from that store was the law office of Senator J.D. Parler, and as a boy, Isadore had his first experience with politics running errands for Senator Parler's election campaign.
In Columbia, where he attended the University of South Carolina, majoring in retailing and pre-law, his leadership qualities and interest in government matured as he was elected student body president in his senior year and served as a page in the State Senate.
"I first knew Isadore when we served together in the South Carolina Jaycees," says former Lieutenant Governor Nick Theodore. "He was president and I was his successor. His leadership qualities were evident even then and there was no question that he had great potential for a variety of things that lay ahead."
After his graduation from USC's School of Law in 1956, Lourie worked for the law firm of Fulmer and Barnes and in 1960 ran his first campaign for public office and lost. Personally wounded by the loss, he sat out the 1962 campaign, but in 1964 decided to try again with the urging of his friend and mentor, Joe Sapp. This time he won, and served in the House from 1965 through the 1972 election. In 1970 he served as chairman of the Richland County House Delegation.
Reapportionment resulted in more state senate seats and Lourie decided to run for the Senate in 1973. He remained in the Senate until 1992, serving as Senate Majority Leader in 1991-92.
During his early years in the State House, Isadore Lourie was one of a group of young, progressive legislators who become known as "the young Turks," for their efforts to bring social and educational change to South Carolina by going up against traditional power groups in the legislature. Among others, the group included Riley, Theodore, and Alex Sanders, who later became a judge and is now president of the College of Charleston.
"Isadore was our inspiration," says Judge Sanders. "Dick Riley was our conscience and Isadore was our inspiration. He never let us rest, never let us be satisfied."
"He worked for things that today seem routine," says Sander, "things like public kindergarten, compulsory school attendance, racial justice and healthcare."
"He cared about the improvement of the human condition of all people," says Riley, "especially the disadvantaged. He was concerned and worked for the sick, the poor, the elderly, minorities. You could always count on him to be a voice for those groups. That voice is needed in any democracy."
"He also was a voice for stability," adds Riley. "He worked to bring people together."
"He was sort of our Henry Clay," agrees Theodore. "When people saw things differently, he was able to bring them together to work toward a position where they could agree. He was extremely fair and conscientious and was committed to improving South Carolina and its people. He is an individual who possesses broad visionary capacity. Others looked to him for guidance."
In 1992, he left the legislature where he worked so hard for change. "I felt the time had come," he says. "And the law practice needed me. I missed it for several years."
But Lourie has not sat around mulling over his decision. His firm of four attorneys plus a part-timer and six support people keeps him plenty busy in the practice of general law. He has also worked hard for the executive council of the capital fundraising campaign for the University of South Carolina libraries system, the Richland Memorial Hospital Foundation Board and the Midlands Technical College Foundation. He is a trustee and chairman of community relations on the executive committee of Temple Beth Shalom, has been active with Bonds for Israel, and was founding president of the Jewish Historical Society of South Carolina. He also serves on Governor David Beasley's Commission on Race Relations.
He would like to see Columbia have a better downtown and has worked hard in that pursuit. He thinks the new Columbia Museum of Art will be a great addition to Main Street.
He feels that in order to grow the state needs better annexation laws and sees the need for consolidation of government entities in metropolitan areas. "He was always working for better use of government dollars," says Riley.
Were he back in the legislature now, his number one priority would be better healthcare for rural areas around the state. But he also feels serious progress in education is a must.
When he has free time he likes to fish. "Both saltwater and fresh," he says.
"This is a great city, a great county, and a great state," he says, summing up his feelings pretty clearly.
"He is the most decent human being I have ever known," says Judge Sanders, summing up pretty clearly the feelings of people Isadore Lourie has touched.

Doctor of the Day

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

Leave of Absence Rescinded

At 10:00 A.M., the leave of absence granted to Senator GIESE for today and tomorrow was rescinded.

Leave of Absence Rescinded

At 1:00 P.M., the leave of absence granted to Senator CORK from 12:45-2:15 P.M. was rescinded.

RECALLED

S. 1059 -- Senators Saleeby and Giese: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO CLARIFY THAT THE DIVISION ON AGING IS UNDER THE DEPARTMENT OF HEALTH AND HUMAN SERVICES RATHER THAN UNDER THE OFFICE OF THE GOVERNOR; AND TO AMEND SECTION 9-1-10, AS AMENDED, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO AMEND THE DEFINITION OF "EMPLOYEE" AND "EMPLOYER" SO AS TO INCLUDE EMPLOYEES OF LOCAL COUNCILS ON AGING IN THE STATE RETIREMENT SYSTEM.

Senator SALEEBY asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.

On motion of Senator SALEEBY, with unanimous consent, the Bill was ordered placed on the Calendar.

DEBATE INTERRUPTED

S. 947 -- Senators Ryberg, Hayes, Gregory, Drummond, Holland, J. Verne Smith, Leatherman, Bryan, Courson, Giese, Thomas, Wilson, Russell, McGill, O'Dell, Reese, Lander, Martin, Waldrep, Alexander, Fair, Grooms and Anderson: A BILL TO AMEND SECTIONS 12-21-2710, AS AMENDED, 12-21-2712, 12-21-2720, AS AMENDED, AND 12-21-2726, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COIN-OPERATED MACHINES OR DEVICES, SO AS TO EXTEND THE PROHIBITION ON SLOT MACHINES AND OTHER MACHINES OR DEVICES PERTAINING TO GAMES OF CHANCE TO VIDEO GAMES WITH A FREE PLAY FEATURE OR ANY OTHER COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING, TO EXTEND THE SEIZURE AND DESTRUCTION PROVISIONS APPLICABLE TO GAMES OF CHANCE TO THESE EXPANDED PROHIBITIONS, TO CONFORM EXISTING LICENSING REQUIREMENTS FOR COIN-OPERATED MACHINES AND DEVICES TO THESE EXPANDED PROHIBITIONS AND TO DELETE REFERENCES TO PROVISIONS OF LAW REPEALED BY THIS SECTION; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO DELETE THE OFFENSE OF OPERATING AN UNMETERED VIDEO GAME WITH A FREE PLAY FEATURE; TO AMEND SECTIONS 16-19-40 AND 16-19-50, RELATING TO THE OFFENSE OF GAMBLING, SO AS TO EXTEND THESE OFFENSES SPECIFICALLY TO PLAYING OR MAINTAINING ANY LICENSED COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING PURPOSES; TO PROVIDE FOR A ONE-YEAR LICENSE PERIOD FOR VIDEO GAMES WITH A FREE PLAY FEATURE FOR LICENSES ISSUED FOR A PERIOD BEGINNING AFTER MAY 31, 1998, AT A FEE OF FOUR THOUSAND DOLLARS; AND TO REPEAL SECTIONS 12-21-2703, 16-19-60, AND ARTICLE 20, CHAPTER 21 OF TITLE 12, RELATING RESPECTIVELY TO THE RETAIL LICENSE REQUIREMENT FOR A LOCATION WITH VIDEO GAMES WITH A FREE PLAY FEATURE, THE EXEMPTION OF VIDEO GAMES WITH A FREE PLAY FEATURE FROM THE GAMBLING OFFENSES, AND THE VIDEO GAMES MACHINES ACT.

The Senate resumed consideration of the Bill, the question being the second reading of the Bill.

Senator BRANTON argued contra to the Bill.

Motion Adopted

On motion of Senator LEVENTIS, with unanimous consent, the members of the Committee on Agriculture and Natural Resources were granted leave to attend a meeting of the committee.

Senator BRANTON argued contra to the Bill.

Point of Order

Senator RYBERG raised a Point of Order that the speaker's remarks were not germane to the Bill.
The PRESIDENT overruled the Point of Order.

Senator BRANTON continued arguing contra to the Bill.

Motion Under 15A Failed

At 12:45 P.M., Senator THOMAS moved under Rule 15A to set a time certain of 9:00 P.M. to vote on the entire matter of S. 947 and all amendments thereto.

Parliamentary Inquiry

Senator BRANTON made a Parliamentary Inquiry as to whether or not the motion required unanimous consent.
The PRESIDENT stated that the motion did not require unanimous consent.

Point of Order

Senator McCONNELL raised a Point of Order that the motion was not in compliance with the provisions of Rule 15A and was, therefore, out of order.

Senator THOMAS restated the motion under Rule 15A.

Parliamentary Inquiry

Senator JACKSON made a Parliamentary Inquiry as to how many votes were required for the motion to be adopted.
The PRESIDENT stated that 29 votes were required.

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

Ayes 20; Nays 25; Abstain 1

AYES

Anderson                  Bryan                     Courson
Drummond                  Fair                      Giese
Gregory                   Grooms                    Hayes
Lander                    Leatherman                Martin
McGill                    Russell                   Ryberg
Short                     Smith, J. Verne           Thomas
Waldrep                   Wilson                    

Total--20

NAYS

Alexander                 Branton                   Cork
Elliott                   Ford                      Glover
Holland                   Hutto                     Jackson
Land                      Leventis                  Matthews
McConnell                 Mescher                   Moore
O'Dell                    Passailaigue              Patterson
Peeler                    Rankin                    Ravenel
Reese                     Saleeby                   Setzler
Washington                

Total--25

ABSTAIN

Courtney

Total--1

Having failed to receive the necessary vote, the motion failed.

Senator BRANTON continued arguing contra to the Bill.
Senator LEVENTIS argued contra to the Bill.

ACTING PRESIDENT PRESIDES

Senator MARTIN assumed the Chair at 1:20 P.M.

Senator LEVENTIS argued contra to the Bill.

Point of Quorum

At 1:47 P.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator MOORE moved that a Call of the Senate be made. The following Senators answered the call:

Alexander                 Anderson                  Branton
Cork                      Courson                   Drummond
Elliott                   Fair                      Ford
Giese                     Gregory                   Grooms
Hayes                     Holland                   Hutto
Jackson                   Land                      Lander
Leatherman                Leventis                  Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell
Passailaigue              Patterson                 Peeler
Rankin                    Ravenel                   Reese
Russell                   Ryberg                    Saleeby
Setzler                   Short                     Smith, J. Verne
Thomas                    Waldrep                   Washington
Wilson                    

A quorum being present, the Senate resumed.

Senator LEVENTIS continued arguing contra to the Bill.

Point of Quorum

At 2:00 P.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

Senator LEVENTIS argued contra to the Bill.

ACTING PRESIDENT PRESIDES

Senator THOMAS assumed the Chair at 2:25 P.M.

Senator LEVENTIS continued arguing contra to the Bill.

ACTING PRESIDENT PRESIDES

Senator MARTIN assumed the Chair at 2:56 P.M.

Point of Quorum

At 2:57 P.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator MOORE moved that a Call of the Senate be made. The following Senators answered the call:

Alexander                 Anderson                  Branton
Bryan                     Cork                      Courson
Courtney                  Drummond                  Elliott
Fair                      Ford                      Giese
Glover                    Gregory                   Grooms
Hayes                     Holland                   Hutto
Jackson                   Lander                    Leatherman
Leventis                  Martin                    Matthews
McConnell                 McGill                    Mescher
Moore                     O'Dell                    Passailaigue
Patterson                 Peeler                    Rankin
Reese                     Russell                   Ryberg
Saleeby                   Setzler                   Short
Smith, J. Verne           Thomas                    Waldrep
Washington                Wilson                    

A quorum being present, the Senate resumed.

Presence Recorded

Senators LAND and RAVENEL recorded their presence subsequent to the Call of the Senate.

Senator LEVENTIS continued arguing contra to the Bill.

PRESIDENT PRESIDES

The PRESIDENT assumed the Chair at 3:20 P.M.

Senator LEVENTIS argued contra to the Bill.

ACTING PRESIDENT PRESIDES

Senator DRUMMOND assumed the Chair at 3:55 P.M.

Senator LEVENTIS continued arguing contra to the Bill.
Senator MESCHER argued contra to the Bill.

PRESIDENT PRESIDES

The PRESIDENT assumed the Chair at 4:25 P.M.

Senator MESCHER argued contra to the Bill.

Point of Order

Senator RYBERG raised a Point of Order that the speaker's remarks were not germane to the Bill.
Senator PASSAILAIGUE spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.

Senator MESCHER continued arguing contra to the Bill.

RECESS

At 5:50 P.M., on motion of Senator LAND, with unanimous consent, the Senate receded from business not to exceed twenty minutes, with Senator MESCHER retaining the floor.
At 6:10 P.M., the Senate resumed.

Senator MESCHER continued arguing contra to the Bill.

Motion Adopted

Senator MOORE asked unanimous consent to make a motion that, when the Senate adjourns on the legislative day of Wednesday, March 25, 1998, it stand adjourned to meet on Thursday, March 26, 1998, at 6:20 P.M.; provided that, when the Senate reconvenes on Thursday, March 26, 1998, it shall proceed immediately to the matter in Interrupted Debate, S. 947.
There was no objection.
On motion of Senator MOORE, with unanimous consent, debate was interrupted by adjournment, with Senator MESCHER retaining the floor.

MOTION ADOPTED

On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Miss Joy Baker of Jasper County, 10-day-old daughter of Sgt. and Mrs. Julius Baker.

ADJOURNMENT

At 6:13 P.M., on motion of Senator MOORE, the Senate adjourned the legislative day of March 25, 1998, to meet Thursday, March 26, 1998, at 6:20 P.M.

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