South Carolina General Assembly
108th Session, 1989-1990
Journal of the Senate

WEDNESDAY, JANUARY 24, 1990

Wednesday, January 24, 1990
(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:

The prophet Isaiah uttered many profound thoughts... among them Chapter 26, Verse 9:

"With all my heart I long for Thee

in the night,

I seek Thee eagerly when dawn breaks;

For, when Thy laws prevail in the land,

The inhabitants of the world learn justice".
Let us pray.

Our Father, we thank Thee for the life and labors of Your servant, Lynnette Marguerite Davis Rose Pullen, and pray for the consolations of The Holy Spirit with the promise of The Resurrection upon Your Servant Michael Rose and his family as they go to the newly-made grave.

Lord of Heaven, the Creator of the earth and the cosmos, we thank Thee that as we meditate upon Thee we do not stop with the acknowledgment of a "Supreme Being"... or "Our Mysterious Presence"... or "Our Ultimate Concern"... or even "Our Ground of All Being"... but OUR FATHER IN HEAVEN.

We thank Thee, too, that heaven is not a "Beautiful Isle of Somewhere"... apart from our consciousness, but is a dimension of existence that is superimposed upon our earthly life from which we can draw strength and guidance... through prayer... for facing the mundane problems of our world-scene.

Illumine our minds... and energize our wills as we hear the words of Jesus to every believer, "THE KINGDOM OF GOD IS WITHIN YOU".

Amen.

On motion of Senator WILSON, with unanimous consent, the following poem was ordered to be printed with the prayer:

In memory of Lynnette Marguerite Davis Rose Pullen:

IF-By Rudyard Kipling

If you can keep your head when all about you
Are losing theirs and blaming it on you,
If you can trust yourself when all men doubt you,
But make allowance for their doubting too;
If you can wait and not be tired by waiting,
Or being lied about, don't deal in lies
Or being hated, don't give way to hating,
And yet don't look too good, nor talk too wise:
If you can dream-and not make dreams your master;
If you can think-and not make thoughts your aim;
If you can meet with Triumph and Disaster
And treat those two imposters just the same;
If you can bear to hear the truth you've spoken
Twisted by knaves to make a trap for fools,
Or watch the things you gave your life to, broken,
And stoop and build'em up with worn-out tools:
If you can make one heap of all your winnings
And risk it on one turn of pitch-and-toss,
And lose, and start again at your beginnings
And never breathe a word about your loss;
If you can force your heart and nerve and sinew
To serve your turn long after they are gone,
And so hold on when there is nothing in you
Except the Will which says to them: "Hold on!"
If you can talk with crowds and keep your virtue,
Or walk with Kings-nor lose the common touch,
If neither foes nor loving friends can hurt you,
If all men count with you, but none too much;
If you can fill the unforgiving minute
With sixty seconds' worth of distance run,
Yours is the Earth and everything that's in it,
And-which is more-you'll be a Man, my son!

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

Doctor Of The Day

Senator COURSON introduced Dr. Edward W. Catalano of Columbia, Doctor of the Day.

Message From The House

Columbia, S.C., January 23, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed the appointment:

Reappointment, Master-in-Equity, Calhoun County, with term to expire August 14, 1991:

Thomas P. Culclasure, P.O. Box 183, St. Matthews, S.C. 29135

Very respectfully,
Speaker of the House

Received as information.

Message From The House

Columbia, S.C., January 23, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it requests the return of:
H. 4351 -- Reps. Farr and Phillips: A BILL TO PROVIDE THAT A UNANIMOUS VOTE OF THE MEMBERSHIP OF THE UNION COUNTY BOARD OF SCHOOL TRUSTEES IS REQUIRED TO CLOSE AN ELEMENTARY SCHOOL IN THE SCHOOL DISTRICT.
Very respectfully,
Speaker of the House

RETURNED TO THE HOUSE BY REQUEST

H. 4351 -- Reps. Farr and Phillips: A BILL TO PROVIDE THAT A UNANIMOUS VOTE OF THE MEMBERSHIP OF THE UNION COUNTY BOARD OF SCHOOL TRUSTEES IS REQUIRED TO CLOSE AN ELEMENTARY SCHOOL IN THE SCHOOL DISTRICT.

On motion of Senator POPE, the vote whereby the Bill was read the first time and placed on the Calendar was reconsidered.

On motion of Senator POPE, the Bill was returned to the House as requested.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1135 -- Senators Shealy and Long: A CONCURRENT RESOLUTION ESTABLISHING A STUDY COMMITTEE TO STUDY THE USE OF THE DRUG DEPO PROVERA IN THE TREATMENT OF SEX OFFENDERS AND TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE AND THE DATE FOR ITS REPORT.

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

That a committee is created to study the use of the drug Depo Provera in the treatment of sex offenders. The committee is composed of nine members as follows: three senators appointed by the President of the Senate, three members of the House of Representatives appointed by the Speaker of the House of Representatives, and three nonlegislative members appointed by the Governor. The members of the committee shall serve until the date the committee makes its report to the General Assembly. Vacancies must be filled in the name of the original appointment for the unexpired portion of the term.

The committee shall meet as soon after its appointment as may be practicable and shall organize by electing one of its members as chairman and one as vice-chairman and other officers as it may consider desirable. The committee shall meet thereafter upon call of the chairman or a majority of its members. The committee may confer with any person or organization that may be helpful in its study. All state agencies shall cooperate with the committee in helping to carry out the purpose of this resolution.

The members of the committee shall receive per diem, subsistence, and mileage as provided by law for members of state boards, committees, and commissions.

The expenses of the committee must be paid from the approved accounts of both Houses.

The Legislative Council shall provide legal services as the committee may require in the performance of its duties.

The committee shall report its findings to the General Assembly no later than April 20, 1990, and after filing its report, the committee is terminated.

Referred to the Committee on Corrections and Penology.

S. 1136 -- Senators McLeod, Lourie, Nell W. Smith, Leatherman and Long: A BILL TO AMEND SECTION 44-77-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO THE DEATH WITH DIGNITY ACT, SO AS TO REVISE THE DEFINITIONS OF "LIFE-SUSTAINING PROCEDURES" AND "TERMINAL CONDITION"; SECTION 44-77-40, AS AMENDED, RELATING TO THE VALIDITY OF A DEATH WITH DIGNITY DECLARATION, SO AS TO DELETE THE REQUIREMENT THAT AN ACCOMPANYING AFFIDAVIT TO A DECLARATION MUST BE SUBSCRIBED AND SWORN TO BY THE TWO WITNESSES IN THE DECLARANT'S PRESENCE; SECTION 44-77-50, AS AMENDED, RELATING TO THE FORM OF A DECLARATION, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN AGENT, REVISE THE LANGUAGE PERTAINING TO THE REVOCATION OF A DECLARATION, AND PROVIDE FOR SPECIFIC DIRECTIONS IN A DECLARATION; AND SECTION 44-77-80, AS AMENDED, RELATING TO THE REVOCATION OF A DECLARATION, SO AS TO PROVIDE FOR REVOCATION BY A DECLARANT'S AGENT INSTEAD OF DESIGNEE.

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

S. 1137 -- Senators McLeod, Lourie, Nell W. Smith, Leatherman and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 66 TO TITLE 44 SO AS TO PROVIDE FOR THE ADULT HEALTH CARE CONSENT ACT.

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

S. 1138 -- Senators McLeod, Lourie, Nell W. Smith, Leatherman and Long: A BILL TO AMEND SECTION 62-5-304, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF A GUARDIAN FOR AN INCAPACITATED PERSON, SO AS TO DEFINE THE COURT'S AUTHORITY PERTAINING TO THE PERSON AND THE APPOINTMENT OF A GUARDIAN; SECTION 62-5-309, RELATING TO NOTICES IN A GUARDIANSHIP PROCEEDING, SO AS TO REQUIRE NOTICE TO AN ATTORNEY IN FACT UNDER A DURABLE POWER OF ATTORNEY; SECTION 62-5-310, RELATING TO THE COURT EXERCISING GUARDIAN POWERS AND A TEMPORARY GUARDIAN, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES UNDER WHICH THE POWERS ARE EXERCISED AND A TEMPORARY GUARDIAN IS APPOINTED, DEFINE EMERGENCY, AND PROVIDE FOR NOTICE AND HEARING AFTER THE APPOINTMENT; SECTION 62-5-311, RELATING TO GUARDIANS, SO AS TO PROVIDE FOR ADDITIONAL PERSONS WHO MAY BE APPOINTED AS GUARDIAN SUBJECT TO A FINDING OF GOOD CAUSE INSTEAD OF THE COURT'S DISCRETION; AND SECTION 62-5-501, RELATING TO THE APPOINTMENT OF A POWER OF ATTORNEY NOT AFFECTED BY PHYSICAL DISABILITY OR MENTAL INCOMPETENCE, SO AS TO REVISE THE REQUIREMENTS FOR THE CONTENT OF THE APPOINTMENT AND PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A POWER IS TERMINATED.

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

S. 1139 -- Senators Rose and McGill: A BILL TO AMEND SECTION 17-22-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS NOT TO BE CONSIDERED FOR PRETRIAL INTERVENTION, SO AS TO PROVIDE THAT A PERSON CHARGED WITH AN OFFENSE INVOLVING NARCOTIC DRUGS, COCAINE, INCLUDING CRACK COCAINE, MARIJUANA, DEPRESSANTS, STIMULANTS, OR HALLUCINOGENIC DRUGS IS NOT ELIGIBLE FOR PRETRIAL INTERVENTION; AND TO AMEND SECTION 17-22-120, RELATING TO THE AGREEMENT BETWEEN THE OFFENDER AND SOLICITOR, SO AS TO DELETE THE REFERENCE TO DRUG ABUSERS.

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

S. 1140 -- Senators Rose and McGill: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY ALTERNATIVE AND INNOVATIVE METHODS OF FINANCING INFRASTRUCTURE OF PUBLIC HIGHWAY AND UTILITY PROJECTS.

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

S. 1141 -- Senators McGill, Drummond, Gilbert and Leatherman: A BILL TO AMEND CHAPTER 11 OF TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-707, SO AS TO PROVIDE FOR THE USE OF ARTIFICIAL LIGHTS IN GAME ZONE NO. 10 AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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

Ordered To A Second And Third Reading

On motion of Senator McGILL, with unanimous consent, S. 1141 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 3453 -- Rep. Kay: A BILL TO AMEND SECTION 47-5-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFINEMENT, EXAMINATION, OR DESTRUCTION OF BITING OR ATTACKING ANIMALS FOR PURPOSES OF RABIES CONTROL, SO AS TO REQUIRE THE COUNTY HEALTH DEPARTMENT TO SERVE NOTICE ON THE OWNER OF A PET OTHER THAN A CAT OR DOG WHICH HAS ATTACKED OR BITTEN A PERSON REQUIRING THE OWNER TO HAVE THE PET EUTHANIZED AND THE BRAIN SUBMITTED FOR RABIES EXAMINATION AND TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REMOVE THE HEAD OF A DEAD ANIMAL DELIVERED TO IT SUSPECTED OF HAVING RABIES AND PERFORM A RABIES EXAMINATION.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

H. 3549 -- Reps. Rhoad, Keegan, M.D. Burriss, McBride, Sharpe, G. Bailey, L. Martin, Nesbitt, Blackwell, Bennett, Baker, Gordon, Manly, Derrick, Kay, Foster, Cooper, M.O. Alexander, Davenport, Cole, Altman, Snow, K. Bailey, McAbee, Corbett, D. Martin, Waites, Cork, Hallman, Kirsh, Wright, McTeer, McGinnis, Taylor, G. Brown, Gregory, Wilder, J. Bailey, Carnell, Burch, T. Rogers, Fant, Rama, Waldrop, Elliott, Hayes, White, Mappus and Whipper: A BILL TO AMEND SECTION 38-77-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AFFECTING AUTOMOBILE INSURANCE LEGISLATION, SO AS TO INCLUDE BUSES OWNED BY AMERICAN LEGION POSTS IN THE DEFINITION OF "SMALL COMMERCIAL RISK".

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

H. 3729 -- Reps. Corbett and R. Brown: A BILL TO AMEND SECTION 56-3-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL LICENSE TAG FOR A DISABLED AMERICAN VETERAN, SO AS TO PROVIDE THAT THE SPECIAL LICENSE TAG MAY BE PLACED ON A VEHICLE OWNED OR LEASED BY A DISABLED AMERICAN VETERAN.

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

H. 3748 -- Rep. J. Bailey: A BILL TO AMEND SECTION 6-7-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOARDS OF ZONING APPEALS AND ZONING BOARDS OF ADJUSTMENT, SO AS TO REQUIRE A TWO-THIRDS VOTE OF THE BOARD MEMBERS FOR A USE VARIANCE FROM THE TERMS OF AN ORDINANCE OR A RESOLUTION ADOPTED BY A LOCAL GOVERNING BODY.

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

H. 3774 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-170 SO AS TO AUTHORIZE A FOOD FACILITY TO DONATE FOOD TO A NONPROFIT CHARITABLE ORGANIZATION OR A FOOD BANK AND TO LIMIT CIVIL LIABILITY THAT MAY RESULT FROM AN INJURY RESULTING FROM CONSUMING DONATED FOOD, AND LIMIT THE CIVIL AND CRIMINAL LIABILITY THAT MAY ARISE BECAUSE OF A VIOLATION OF REGULATORY LAWS.

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

H. 3904 -- Rep. Altman: A BILL TO AMEND SECTIONS 56-19-240 AND 56-19-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF TITLE FOR MOTOR VEHICLES, SO AS TO PROVIDE THAT ODOMETER DISCLOSURE STATEMENTS MUST COMPLY WITH FEDERAL GUIDELINES AND REQUIREMENTS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND TO ELIMINATE INFORMATION REQUIRED TO BE FURNISHED ON TITLE CERTIFICATES AND ON APPLICATIONS FOR CERTIFICATES.

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

REPORTS OF STANDING COMMITTEES

Senator MITCHELL, from the Committee on Judiciary, submitted a favorable with amendments report on:

S. 808 -- Senator Wilson: A BILL TO AMEND SECTION 7-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE COMMITTEES OF POLITICAL PARTIES, SO AS TO PROVIDE THAT IN THE CASE OF THE REPUBLICAN AND DEMOCRATIC STATE COMMITTEES, THE PRESIDENTS OF THE SOUTH CAROLINA FEDERATION OF REPUBLICAN WOMEN AND THE SOUTH CAROLINA FEDERATION OF DEMOCRATIC WOMEN ARE EX OFFICIO MEMBERS OF THEIR RESPECTIVE STATE COMMITTEES.

Ordered for consideration tomorrow.

Senator LONG, from the Committee on Judiciary, submitted a majority favorable and Senator McCONNELL a minority unfavorable report on:

H. 3811 -- Reps. Blackwell and Wilkins: A BILL TO AMEND SECTION 2-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO PERMIT DESIGNEES OF EX OFFICIO MEMBERS OF THE COUNCIL TO SERVE IN PLACE OF THE EX OFFICIO MEMBERS; TO AMEND SECTION 2-15-50, RELATING TO THE DEFINITION OF "STATE AGENCY" AND "AUDIT", SO AS TO REVISE THE DEFINITION OF "AUDIT"; TO AMEND SECTION 2-15-60, RELATING TO THE DUTIES OF THE AUDIT COUNCIL, SO AS TO REVISE THESE DUTIES INCLUDING REVISION OF WHEN THE COUNCIL IS REQUIRED TO CONDUCT AN AUDIT; AND TO AMEND SECTION 2-15-100, RELATING TO THE PRIORITY OF REQUESTS TO THE AUDIT COUNCIL, SO AS TO REVISE THIS PRIORITY.

Ordered for consideration tomorrow.

Senator MITCHELL, from the Committee on Judiciary, submitted a favorable report on:

H. 3844 -- Reps. Mattos, Davenport, Haskins, Moss, Blackwell, Townsend, H. Brown, Cooper, G. Bailey, Littlejohn, Phillips, Baker, Vaughn, Rama, Snow, Altman, Stoddard, Quinn, Waldrop, Wright, Chamblee, Wofford, J. Harris and Burch: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-11-75 SO AS TO PROVIDE FOR A CIVIL REMEDY FOR THE DRAWING AND UTTERING OF A FRAUDULENT CHECK, DRAFT, OR OTHER WRITTEN ORDER.

Ordered for consideration tomorrow.

Senator MOORE, from the Committee on Invitations, submitted a favorable with amendments report on:

S. 1119 -- Senators Shealy, Wilson and Setzler: A SENATE RESOLUTION INVITING LEXINGTON MIDDLE SCHOOL'S ACADEMIC TEAM, MS. FRANCES DANTZLER, THE TEAM'S COORDINATOR, ADVISER, AND COACH, MR. CHARLES GATCH, SCHOOL PRINCIPAL, AND DR. CHESTER FLOYD, SUPERINTENDENT OF LEXINGTON SCHOOL DISTRICT NUMBER ONE, TO THE STATE HOUSE TO BE FORMALLY WELCOMED AND RECOGNIZED IN THE SENATE CHAMBER ON WEDNESDAY, JANUARY 24, 1990, AT 11:30 A.M.

Ordered for consideration tomorrow.

RECALLED AND REFERRED

S. 915 -- Senators Mitchell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-445 SO AS TO PROVIDE THAT THE GOVERNOR, AS A RESULT OF A NATURAL DISASTER IN THIS STATE, AND UPON THE CONSENT OF THE BUDGET AND CONTROL BOARD, MAY SET THE MAXIMUM PRICES WHICH MAY BE CHARGED IN THE AFFECTED AREAS OF THE STATE BY A SELLER FOR CRITICAL ITEMS NEEDED TO PRESERVE THE PEACEFUL TRANQUILITY OF THE STATE OR TO PROTECT LIFE OR PROPERTY; AND TO AMEND THE 1976 CODE BY ADDING SECTION 16-17-745 SO AS TO PROVIDE THAT ANY PERSON VIOLATING THE PROVISIONS OF SECTION 1-3-445 IS GUILTY OF THE CRIME OF PRICE GOUGING AND TO PROVIDE PENALTIES FOR VIOLATIONS.

On motion of Senator MITCHELL, with unanimous consent, the Bill was recalled from the Committee on Finance.

On motion of Senator MITCHELL, the Bill was referred to the Committee on Judiciary.

THIRD READING BILLS

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

S. 1081 -- Senator Lee: A BILL TO AMEND ACT 908 OF 1964, RELATING TO THE CREATION OF THE NEW PROSPECT AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD.

(On prior motion of Senator LEE)

Amended and Read

H. 3619 -- Reps. Wright, Hearn, Quinn, Lanford, Littlejohn, Wofford, Vaughn and Jaskwhich: A BILL TO AMEND SECTIONS 7-13-430 AND 7-13-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF BALLOTS REQUIRED TO BE PROVIDED AT VOTING PRECINCTS IN GENERAL AND PRIMARY ELECTIONS, SO AS TO REQUIRE POLL MANAGERS TO PROVIDE BALLOTS MADE AS NEARLY AS POSSIBLE IN THE FORM OF OFFICIAL BALLOTS IF SUFFICIENT OFFICIAL BALLOTS ARE NOT PROVIDED AND TO MAKE FAILURE TO PROVIDE SUCH BALLOTS WHEN NECESSARY A CRIMINAL OFFENSE PUNISHABLE AS WILFUL NEGLECT OR CORRUPT CONDUCT OF A POLL MANAGER.

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

Senator LAND proposed the following amendment (Doc. No. 4929P), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein:

/SECTION 1. Section 7-13-430 of the 1976 Code is amended to read:

"Section 7-13-430. (A) There shall must be provided for each voting place where voting machines are not used as many ballots as is equal to one hundred and ten percent of the registered qualified voters as such the voting place. There shall must be provided for each voting place where voting machines are used as many ballots as are equal to ten percent of the registered qualified voters at such the voting place. The authority responsible for conducting an election must provide to each poll manager the appropriate number of ballots according to the provisions of this section.

(B) When a sufficient number of official ballots are not available for all qualified electors present at the polling place to vote, the managers of election without undue delay shall provide ballots made as nearly as possible in the form of the official ballot to those electors for whom official ballots are unavailable, and for all purposes of the election laws of this State these ballots are the same as official ballots. A manager of election who fails to comply with the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars."

SECTION 2. Section 7-13-620 of the 1976 Code is amended to read:

"Section 7-13-620. (A) There shall must be provided for each voting place where voting machines are not used as many ballots as is equal to one hundred and ten percent of the registered qualified voters at such the voting place. There shall must be provided for each voting place where voting machines are used as many ballots as is equal to ten percent of the registered qualified voters at such the voting place. The authority responsible for conducting an election must provide to each poll manager the appropriate number of ballots according to the provisions of this section.

(B) When a sufficient number of official ballots are not available for all qualified electors present at the polling place to vote, the managers of election without undue delay shall provide ballots made as nearly as possible in the form of the official ballot to those electors for whom official ballots are unavailable, and for all purposes of the election laws of this State these ballots are the same as official ballots. A manager of election who fails to comply with the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars."

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

Amend title to conform.

Senator LAND explained the amendment.

On motion of Senator LAND, the amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

SECOND READING BILL

The following Bill having been read the second time was passed and ordered to a third reading:

S. 1133 -- Senators McGill, Hinds, Land and Drummond: A BILL TO AMEND CHAPTER 11 OF TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-706, SO AS TO PROVIDE FOR THE USE OF ARTIFICIAL LIGHTS IN GAME ZONE NO. 9 AND TO PROVIDE PENALTIES FOR VIOLATIONS.

(On prior motion of Senator McGILL, with unanimous consent)

MOTION ADOPTED

On motion of Senator BRYAN, with unanimous consent, the Senate proceeded to the Interrupted Debate, and at the conclusion of the Interrupted Debate, the Senate agreed to proceed to the local and uncontested Calendar.

READ THE SECOND TIME

S. 42 -- Senator Fielding: A BILL TO AMEND SECTION 56-5-5360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE INSPECTION STATIONS, SO AS TO INCREASE THE FEES FOR INSPECTIONS.

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

Senator SHEALY proposed the following amendment (Doc. No. 0080X), which was tabled:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1.   Article 37, Chapter 5 of Title 56 of the 1976 Code is repealed.

SECTION 2.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator FIELDING argued contra to the adoption of the amendment.

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

Senator McLEOD spoke on the amendment.

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

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

Senator FIELDING moved to lay the amendment on the table.

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

AYES

Bryan                     Drummond                  Fielding
Giese                     Gilbert                   Hayes
Helmly                    Hinds                     Land
Lee                       Long                      Lourie
Matthews                  McGill                    Mitchell
Passailaigue              Patterson                 Rose
Setzler                   Smith, H.C.               Smith, N.W.
Stilwell                  Waddell                   Williams
Wilson                    

Total--25

NAYS

Courson                   Hinson                    Leatherman
Leventis                  Macaulay                  Martschink
McConnell                 McLeod                    Moore
Mullinax                  O'Dell                    Peeler
Pope                      Russell                   Saleeby
Shealy                    

Total--16

The amendment was laid on the table.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

The Senate proceeded to the local and uncontested Calendar.

MOTION ADOPTED

On motion of Senator WILSON, with unanimous consent, the Senate adjourned out of respect to the memory of Lynette Marguerite Davis Rose Pullen, mother of Senator ROSE.

ADJOURNMENT

At 12:15 P.M., on motion of Senator SETZLER, the Senate adjourned to meet tomorrow at 11:00 A.M.

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