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 the famous and life-giving words of the Prophet Isaiah in Chapter 40 (v.31):

"They that wait upon the Lord

shall renew their strength;

They shall mount up with wings as

eagles;

They shall run, and not be weary;

They shall walk, and not faint."
Let us pray.

O Lord, our God, Who at the beginning of creation said, "Let there be light, and there was light", and Whose spirit brooded over the precreation darkness, and brought order out of chaos, help us to believe that Thy strength and Thy guidance are truly yet available to Thy children who put their trust in Thee.

The burden of our prayer this morning is for the renewal of our strength... lest we faint in the sight of our goal. Help us to know in our experience what it is to be "strong in the Lord and in the power of His might"... in the Redeemer's Name.

Amen.

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

May 29, 1990
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.

Appointment, Member, South Carolina Public Railways Commission, At-Large, with term to expire October 1, 1994:

Mr. Edgar Buck, 16 Country Club Drive, Charleston, South Carolina 29412 VICE Fred Fanning

Referred to the Committee on Transportation.

May 29, 1990
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.

Appointment, Member, State Agency of Vocational Rehabilitation, with term to expire March 15, 1993:

1st Congressional District:

Mr. H. Allen Morris, Jr., 117 Merrimar Drive, Moncks Corner, South Carolina 29461 VICE Thomas James Bell

Referred to the Committee on Medical Affairs.

Senator LEVENTIS introduced Dr. John R. Walters of Columbia, Doctor of the Day.

On motion of Senator SALEEBY, Senator LOURIE was granted a leave of absence today until 3:00 P.M.

Senator MITCHELL requested and was granted a leave of absence from 3:00 P.M. today until Thursday, May 31, 1990.

Senator MARTSCHINK requested and was granted a leave of absence from 6:00 until 11:00 P.M. tonight.

Columbia, S.C., May 30, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Hayes, Nettles and Huff of the Committee of Conference on the part of the House on:
H. 4360 -- Rep. Hayes: A BILL TO AMEND SECTION 44-53-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE PROCEDURES AND DISPOSITION OF FORFEITED ITEMS AND PROCEEDS OF SALES OF PROPERTY FORFEITED UNDER THE PROVISIONS OF SECTION 44-53-520 (FORFEITURE OF PROPERTY RELATING TO THE ILLEGAL USE OF NARCOTICS AND CONTROLLED SUBSTANCES), SO AS TO DELETE REFERENCES IN THE SECTION TO THE AUTHORITY OF A JUDGE TO TRANSFER MONIES IN EXCESS OF ONE THOUSAND DOLLARS TO THE STATE TREASURER; AND TO AMEND SECTION 44-53-588, AS AMENDED, RELATING TO THE DISPOSITION OF PROCEEDS FROM THE SALE OF FORFEITED PROPERTY UNDER THE PROVISIONS OF SECTION 44-53-530 (FORFEITURE PROCEDURES AND DISPOSITION OF ITEMS RELATING TO THE ILLEGAL USE OF NARCOTICS AND CONTROLLED SUBSTANCES), SO AS TO REQUIRE THE PROCEEDS FROM THE SALE OF FORFEITED PROPERTY BE RETAINED BY THE GOVERNING BODY OF THE LOCAL OR STATE LAW ENFORCEMENT AGENCY INITIATING THE SEIZURE OF THE PROPERTY INSTEAD OF BEING REMITTED TO THE STATE TREASURER AND REQUIRE THE PROCEEDS OF THE SALE OF NEGOTIATED INSTRUMENTS OR SECURITIES BE TRANSFERRED TO THE STATE TREASURER WITH A REQUIREMENT THAT THE STATE TREASURER REMIT A PERCENTAGE TO THE GOVERNING BODY OF THE LAW ENFORCEMENT AGENCY WHICH INITIATED THE SEIZURE, AND PROVIDE REQUIREMENTS ON HOW THESE FUNDS MAY BE USED.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 29, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

asks for a Committee of Conference, and has appointed Reps. McLellan, Carnell and Winstead of the Committee on the part of the House.

Very respectfully,
Speaker of the House

Received as information.

Whereupon the PRESIDENT appointed Senators WADDELL, MOORE and SETZLER of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.

S. 1149 -- Senators Gilbert, Saleeby, Leatherman, Hinds, McGill and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 11, TITLE 55 SO AS TO CREATE THE PEE DEE REGIONAL AIRPORT DISTRICT COMPOSED OF FLORENCE, DARLINGTON, MARION, MARLBORO, AND DILLON COUNTIES, ESTABLISH THE PEE DEE AIRPORT AUTHORITY, PROVIDE FOR THE POWERS, DUTIES, AND AUTHORITY OF THE AUTHORITY, CONFER ON THE DISTRICT THE AUTHORITY TO ISSUE REVENUE AND GENERAL OBLIGATION BONDS, EXEMPT THE PROPERTY AND INCOME OF THE DISTRICT FROM CERTAIN TAXES, EXEMPT THE CITY OF FLORENCE AND EACH OF THE COUNTIES COMPRISING THE DISTRICT FROM LIABILITY IN ANY NEGLECT OR MISMANAGEMENT IN THE OPERATION AND MAINTENANCE OF THE AIRPORT; AND TO REPEAL ACT 482 OF 1973 RELATING TO THE CREATION OF THE FLORENCE CITY-COUNTY AIRPORT COMMISSION.

The House returned the Bill with amendments.

On motion of Senator LEATHERMAN, the Senate agreed to the amendments made by the House of Representatives 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.

S. 1621 -- Senator Bryan: A CONCURRENT RESOLUTION TO CONGRATULATE THE LAURENS HIGH SCHOOL RAIDER BASEBALL TEAM FOR WINNING THE CLASS AAAA STATE CHAMPIONSHIP.

Returned with concurrence.

Received as information.

S. 1622 -- Senator Waddell: A CONCURRENT RESOLUTION TO RECOGNIZE MR. WILLIAM A. MCINNIS, OF COLUMBIA, UPON HIS RETIREMENT FROM STATE EMPLOYMENT, TO THANK HIM FOR HIS MANY YEARS OF EXCELLENT AND DEDICATED SERVICE, AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.

Returned with concurrence.

Received as information.

S. 1623 -- Senator Courson: A CONCURRENT RESOLUTION TO RECOGNIZE THE RICHLAND COUNTY REPUBLICAN WOMEN'S CLUB AND TO THANK THEM FOR DEVOTING NUMEROUS AND TIRELESS HOURS TO PROMOTE THE CONSERVATIVE CAUSE AND REPUBLICAN CANDIDATES.

Returned with concurrence.

Received as information.

S. 1537 -- Senators Waddell, Williams, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas and Wilson: A CONCURRENT RESOLUTION TO PROVIDE THAT RESIDENT INDIVIDUALS AND SOUTH CAROLINA CORPORATIONS BIDDING ON STATE OR LOCAL GOVERNMENT CONTRACTS FOR HURRICANE HUGO DEBRIS REMOVAL MAY SUBSTITUTE FOR PERFORMANCE AND PAYMENT BONDS SECURITY IN THE FORM OF CASH, CERTIFICATES OF DEPOSIT, OR OTHER FORMS OF SECURITY CONSIDERED ACCEPTABLE TO THE AGENCY LETTING THE CONTRACT.

Returned with concurrence.

Received as information.

H. 4771 -- Rep. Wells: A BILL TO AMEND CHAPTER 25, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOATING AND SURFING AT PARTICULAR LOCATIONS, BY ADDING ARTICLE 13 SO AS TO ESTABLISH NO WAKE ZONES AND TO RESTRICT NAVIGATION, THE SIZE OF WATERCRAFT, WATERCRAFT ENGINE SIZE, AND WATERSKIING AND SWIMMING ON LAKES WILLIAM C. BOWEN AND H. TAYLOR BLALOCK IN SPARTANBURG COUNTY, AND TO PROVIDE A PENALTY.

The House returned the Bill with amendments.

On motion of Senator LEE, the Senate refused to agree to the amendments proposed by the House, and a message was sent to the House accordingly.

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.

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

On motion of Senator MULLINAX, with unanimous consent, the Report (Doc. No. 2043X) was adopted as follows:

The COMMITTEE OF CONFERENCE, to whom was referred:
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.
Beg leave to report that they have considered the same and recommend that the bill, as and if amended, pass amended as follows:

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

/SECTION 1.   Section 47-5-100 of the 1976 Code, as amended by Act 547 of 1988, is further amended to read:

"Section 47-5-100.   The county health department shall serve notice upon the owner of a dog or cat which has attacked or bitten a person to confine the animal at the expense of the owner upon his premises or at a county pound or other place designated in the notice for at least ten days after the animal has attacked or bitten a person. The licensed graduate veterinarian, the rabies control officer, or his assistants must be permitted by the owner of the pet or other animal which has attacked or bitten a person to examine the animal at any time, and daily if desired, within the ten-day period of confinement, to determine if the animal shows symptoms of rabies. No person shall may obstruct or interfere with the rabies control officer or his assistants in making the examination. The removal of the head of an animal suspected of having rabies must be performed by a licensed veterinarian, but the county health department shall may provide for the removal of the head if there is no veterinarian practicing within the county where the suspected animal is located or if no veterinarian located within the county will remove the head. The Department of Health and Environmental Control shall serve notice upon the owner of an animal other than a dog or cat when the department has knowledge that the animal has attacked or bitten a person. The notice must instruct the owner to have the animal immediately euthanized and have the brain submitted for rabies examination or to have the animal quarantined under conditions specified by the department. The owner shall comply immediately with the instructions in the notice."

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

Amend title to conform.

John C. Land, III                 Robert O. Kay
Mike Mullinax                     Larry L. Koon
William H. O'Dell                 Liston D. Barfield
On Part of the Senate.              On Part of the House.

, and a message was sent to the House accordingly.

H. 4476 -- Rep. Moss: A BILL TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN ACCORDANCE WITH A FEDERALLY-APPROVED CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT A STATE OR LOCAL AGENCY, BOARD, OR COMMISSION PROVIDING INFORMATION UNDER THE PROVISIONS OF THIS SECTION MAY NOT CHARGE THE DEPARTMENT A FEE FOR THE PROVISION OF THIS INFORMATION.

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

Senator HOLLAND explained the Report.

On motion of Senator HOLLAND, with unanimous consent, the Report (Doc. No. 1994X) was adopted as follows:

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 4476 -- Rep. Moss: A BILL TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN ACCORDANCE WITH A FEDERALLY-APPROVED CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT A STATE OR LOCAL AGENCY, BOARD, OR COMMISSION PROVIDING
INFORMATION UNDER THE PROVISIONS OF THIS SECTION MAY NOT CHARGE THE DEPARTMENT A FEE FOR THE PROVISION OF THIS INFORMATION.
Beg leave to report that they have considered the same and recommend that the bill, as and if amended, pass amended as follows:

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

/SECTION   1.   Section 43-5-590(d) of the 1976 Code is amended to read:

"(d)   The department shall create a single and separate organizational unit which is responsible for developing and implementing a federally-approved state plan for child support. The unit shall maintain a parent locator service to locate absent relatives owing or allegedly owing child support utilizing all sources of information and legally available records and the parent locator service of the Federal Department of Health and Human Services, by filing in accordance with Section 453(B) of the Social Security Act. Any A state or local agency or private employer of this State upon request of the Department of Social Services shall provide the department with information regarding the name, address, and social security number of a person owing or allegedly owing an obligation of support for a dependent child. A state or local agency, board, or commission providing this information to the department may not charge the department a fee for the provision of this information. This provision does not apply to information or for vital records furnished by agencies under federal mandate to be reimbursed for information provided to any federal or state agency. The department, upon receipt of this information, may make it available only to the appropriate officials or agencies of this or any other state operating a program pursuant to Title IV-D of the federal Social Security Act."

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

Amend title to conform.

Donald H. Holland                 Donna A. Moss
W. Richard Lee                    John C. Rama
Kay Patterson                     Lucille S. Whipper
On Part of the Senate               On Part of the House

, and a message was sent to the House accordingly.

S. 391 -- Senators Waddell, Lindsay, Lourie, Leatherman and Lee: A BILL TO AMEND SECTIONS 48-39-270 THROUGH 48-39-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO ADD SECTIONS 48-39-305 AND 48-39-355, PROVIDE FOR A THIRTY INSTEAD OF FORTY-YEAR RETREAT POLICY, REVISE DEFINITIONS, THE PROVISIONS FOR AND THE DETERMINATION OF THE BASELINE AND THE SETBACK LINE, THE DUTIES OF THE COASTAL COUNCIL, THE PROVISIONS FOR THE REPAIR AND REPLACEMENT OF A HABITABLE STRUCTURE OR RECREATIONAL AMENITY, EXEMPTIONS, EROSION CONTROL DEVICES, DAMAGE APPRAISALS, AND TIME LIMITATIONS, PROVIDE FOR A PETITION TO THE CIRCUIT COURT BY LANDOWNERS AND THE COURT'S DETERMINATION, PROVIDE FOR THE PLANTING OF VEGETATION, PROVIDE FOR THE CREATION AND REVISION OF THE BEACH MANAGEMENT PLAN PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT, REVISE THE REQUIREMENTS OF A DISCLOSURE STATEMENT IN A CONTRACT OF SALE AND DEED, AND PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A PERMIT IS NOT REQUIRED AND FOR DOCUMENTATION; AMEND ACT 634 OF 1988, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO PROVIDE FOR A GRADUAL RETREAT FROM THE BEACH/DUNE SYSTEM OVER A THIRTY INSTEAD OF FORTY-YEAR PERIOD; AND PROVIDE FOR THE EFFECTIVE DATE.

The House returned the Bill with amendments.

Senator McCONNELL spoke on the Bill.

On motion of Senator WILLIAMS, with unanimous consent, Senator McCONNELL retaining the floor, the Bill was carried over to be taken up for consideration after the completion of the call of the uncontested Calendar.

H. 4256 -- Reps. Blackwell and Cooper: A BILL TO AMEND SECTION 38-79-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATIENTS' COMPENSATION FUND, SO AS TO PROVIDE FOR IT TO BE USED TO PAY GENERAL LIABILITY AS WELL AS MEDICAL MALPRACTICE CLAIMS, SETTLEMENTS, AND JUDGMENTS.

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

On motion of Senator WADDELL, the Bill was taken up for immediate consideration.

On motion of Senator WADDELL, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

H. 4770 -- Rep. McLellan: A BILL TO AMEND SECTIONS 13-17-30, 13-17-40, AND 13-17-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO REDUCE THE MEMBERSHIP FROM TWENTY-FOUR TO THIRTEEN BY ELIMINATING SOME EX OFFICIO MEMBERS AND REDUCING THE ELECTED MEMBERS FROM TEN TO FIVE, TO AUTHORIZE THE AUTHORITY TO ESTABLISH AND OPERATE RESEARCH, COMPUTER AND TECHNOLOGY-RELATED PROJECTS, AND TO SPECIFY THAT THE AUTHORITY IS EXEMPT FROM INCOME, SALES AND USE, AND PROPERTY TAXES, AND TO REPEAL SECTIONS 13-17-110 AND 13-17-120 RELATING TO TAXES AND SURPLUS FUNDS OF THE SOUTH CAROLINA RESEARCH AUTHORITY.

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

On motion of Senator WADDELL, the Bill was taken up for immediate consideration.

Senator WADDELL proposed the following amendment (Doc. No. 1780o), which was adopted:

Amend the bill, as and if amended, by striking SECTION 2 of the bill in its entirety.

Amend the bill further, as and if amended, by striking Section 13-17-90 of the 1976 Code, as contained in SECTION 3, and inserting:

/Section 13-17-90.   It is found and declared that the project authorized by this chapter is in all respects for the benefit of all the people of the State, for the improvement of their welfare and material prosperity, and is a public purpose and being a corporation owned completely by the people of the State. The authority shall pay no taxes or assessments including, but not limited to, income tax, sales and use tax, and property tax upon any of the property acquired by it for this project or upon any of its activities in the operation and maintenance thereof; except that the authority is entitled to the above-referenced sales and use tax exemption only in (1) transactions to obtain tangible personal property for the authority's own use or consumption, (2) transactions related to authority contracts with governmental entities and nonprofit entities, and (3) transactions related to authority contracts with private, for profit entities doing business in South Carolina, where these contracts do not place these entities in competition with other private, for profit entities doing business in South Carolina. The securities and other obligations issued by the authority, their transfer, and the income therefrom is free from taxation. After payment of necessary operating expenses and all annual debt requirements, the authority shall reinvest net earnings furthering the purposes of this chapter./

Amend the bill further, as and if amended, by striking SECTION 4 of the bill in its entirety.

Renumber sections to conform.

Amend title to conform.

On motion of Senator WADDELL, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

H. 4870 -- Rep. Moss: A BILL TO AMEND SECTION 20-7-954, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT GENETIC TESTS MUST BE CONDUCTED TO DETERMINE PATERNITY, SO AS TO DELETE LANGUAGE WHICH WOULD AUTHORIZE THE INDIVIDUAL INVOLVED IN THE TESTING NOT TO COOPERATE FOR GOOD CAUSE BECAUSE OF OTHER REASONS NOT ESTABLISHED IN THE SOCIAL SECURITY ACT.

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

On motion of Senator STILWELL, the Bill was ordered placed on the Calendar for consideration tomorrow.

H. 5011 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE UNIVERSITY OF SOUTH CAROLINA, RELATING TO TRAFFIC, PARKING, AND REGISTRATION OF MOTOR VEHICLES, COLUMBIA CAMPUS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1202, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator SETZLER, with unanimous consent, the Joint Resolution was recalled from the Committee on Education.

On motion of Senator SETZLER, the Resolution was ordered placed on the Calendar for consideration tomorrow.

H. 5012 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE UNIVERSITY OF SOUTH CAROLINA, RELATING TO INCREASE SPEED LIMIT AT THE UNIVERSITY OF SOUTH CAROLINA - SPARTANBURG CAMPUS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1201, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator SETZLER, with unanimous consent, the Joint Resolution was recalled from the Committee on Education.

On motion of Senator SETZLER, the Resolution was ordered placed on the Calendar for consideration tomorrow.

H. 5137 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO PHYSICIAN ASSISTANTS - LIMITED CERTIFICATES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1284, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator McLEOD, with unanimous consent, the Joint Resolution was recalled from the Committee on Medical Affairs.

On motion of Senator McLEOD, the Resolution was ordered placed on the Calendar for consideration tomorrow.

The following were introduced:

S. 1624 -- Senators Mullinax and Lourie: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. ALMA DUNCAN SWANEY OF PENDLETON WHO DIED MAY 20, 1990.

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

S. 1625 -- Senator Mullinax: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE ALERT ACTION OF MR. JEFFREY STRAUB OF ANDERSON COUNTY, A STUDENT AT WESTSIDE HIGH SCHOOL, FOR HIS ACTIONS LEADING TO THE CAPTURE OF TWO COUNTERFEITERS AND THE SEIZURE OF ONE AND ONE-HALF MILLION DOLLARS OF COUNTERFEIT CURRENCY, THE LARGEST SEIZURE OF THIS TYPE IN THE HISTORY OF SOUTH CAROLINA.

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

S. 1626 -- Senators Passailaigue, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND THE 1990 CITADEL "BULLDOGS" BASEBALL TEAM AND COACH CHAL PORT FOR THEIR MAGNIFICENT SEASON AND FOR EARNING A PLACE IN THE COLLEGE WORLD SERIES, AND TO WISH THE TEAM AND COACHES THE BEST DURING THE COLLEGE WORLD SERIES.

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

H. 5154 -- Reps. McBride, J. Brown, Faber, Taylor, Quinn, Waites, T. Rogers, Harrison, Corning and T.M. Burriss: A CONCURRENT RESOLUTION TO EXTEND BEST WISHES TO THE REVEREND DR. MAXIE SYLVESTER GORDON OF COLUMBIA UPON HIS RETIREMENT AS PASTOR OF FIRST CALVARY BAPTIST CHURCH.

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

H. 5155 -- Reps. Koon, McEachin, McLeod, Rhoad, G. Brown, Klapman, Sturkie, Derrick and Limehouse: A CONCURRENT RESOLUTION TO CONGRATULATE SPECIAL AGENT MARK A. KEEL, OF COLUMBIA, UPON BEING NAMED THE 1990 LAW ENFORCEMENT OFFICER OF THE YEAR.

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

H. 5156 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. BESSIE MCNEILL MELLETTE OF TURBEVILLE IN CLARENDON COUNTY AND EXTENDING HEARTFELT SYMPATHY TO HER FAMILY AND FRIENDS.

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

H. 5158 -- Rep. T. Rogers: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. ELIZABETH YARBOROUGH PLAYER OF COLUMBIA, UPON HER RECENT DEATH.

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

H. 4050 -- Reps. Blanding, Baxley, G. Brown, McElveen and McLeod: A BILL TO RECONSTITUTE THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF SUMTER SCHOOL DISTRICT 17 BY ESTABLISHING SEVEN SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH THESE MEMBERS MUST BE ELECTED BEGINNING WITH THE 1990 GENERAL ELECTION, AND TO PROVIDE FOR THE TERMS OF THESE MEMBERS.

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

H. 5148 -- Reps. Kinon and Harwell: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR FISCAL YEAR BEGINNING JULY 1, 1990, AND ENDING JUNE 30, 1991.

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

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 11:45 A.M. and the following Acts and Joint Resolutions were ratified:

(R634) S. 1403 -- Senator Bryan: AN ACT TO AMEND SECTIONS 62-1-100, 62-1-201, 62-1-302, 62-2-109, 62-2-207, 62-2-301, 62-2-302, 62-2-402, 62-2-801, 62-3-108, 62-3-203, 62-3-301, 62-3-603, 62-3-605, 62-3-704, 62-3-706, 62-3-715, 62-3-801, 62-3-802, 62-3-803, 62-3-807, 62-3-904, 62-3-1001, 62-3-1003, 62-3-1201, 62-3-1303, 62-3-1304, 62-3-1305, 62-3-1306, 62-3-1307, 62-3-1308, 62-3-1309, 62-3-1310, 62-3-1312, 62-5-103, 62-5-433, 62-6-104, 62-7-302, 62-7-603, ALL AS AMENDED, AND SECTIONS 62-1-308, 62-2-103, 62-2-104, 62-2-106, 62-2-107, 62-2-108, 62-2-206, 62-2-401, 62-2-502, 62-2-504, 62-2-507, 62-2-512, 62-2-605, 62-2-607, 62-2-701, 62-3-106, 62-3-109, 62-3-302, 62-3-306, 62-3-307, 62-3-403, 62-3-409, 62-3-412, 62-3-610, 62-3-705, 62-3-707, 62-3-719, 62-3-911, 62-3-914, 62-3-916, 62-3-1002, 62-3-1005, 62-3-1006, 62-3-1202A, 62-3-1203, 62-3-1204, 62-4-205, 62-5-101, 62-5-425, 62-5-503, 62-7-201, 62-7-204, 62-7-205, 62-7-408, 15-51-20, 20-1-80, 34-11-10, 34-11-130, AND 34-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA PROBATE CODE AND OTHER RELATED PROVISIONS OF LAW, SO AS TO REVISE JURISDICTIONAL, PROCEDURAL, TESTAMENTARY, ADMINISTRATIVE, AND OTHER PROVISIONS OF THE PROBATE CODE AND TO CONFORM RELATED PROVISIONS OR MAKE THEM SUBJECT TO THE REVISED PROVISIONS OF THE PROBATE CODE; TO AMEND THE 1976 CODE BY ADDING SECTION 62-7-604 SO AS TO PROVIDE FOR A FIDUCIARY'S DIVERSIFICATION OF INVESTMENTS; TO ADD SECTIONS 62-7-701 THROUGH 62-7-709 SO AS TO PROVIDE FOR A UNIFORM TRUSTEES POWERS ACT; TO ADD 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; AND TO REPEAL SECTIONS 12-7-2600, 12-16-1960, AND SUBSECTION (h) OF SECTION 62-3-914 RELATING TO CERTAIN TAX AND ESTATE PROVISIONS.

(R635) S. 1607 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORKERS' COMPENSATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1254, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R636) S. 1239 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: AN ACT TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA ATHLETIC TRAINERS' ADVISORY COMMITTEE FOR SIX YEARS AND TO AMEND SECTION 44-75-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA ATHLETIC TRAINERS' ADVISORY COMMITTEE, SO AS TO INCREASE THE SIZE OF THE BOARD FROM EIGHT TO NINE MEMBERS AND TO INCREASE THE NUMBER OF CERTIFIED ATHLETIC TRAINERS ON THE BOARD FROM THREE TO FOUR MEMBERS.

(R637) S. 1165 -- Senators Leatherman, Nell W. Smith, J. Verne Smith, Peeler, Long, Matthews and McLeod: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-136 SO AS TO PROVIDE THE PROCEDURE FOR DISCLOSING A PERSON'S SEXUALLY TRANSMITTED DISEASE TEST RESULTS TO LAW ENFORCEMENT OFFICIALS AND CRIMINAL PROSECUTORS; AND TO AMEND SECTION 44-29-145, RELATING TO THE PROHIBITION FOR EXPOSING OTHERS TO HUMAN IMMUNODEFICIENCY VIRUS, SO AS TO PROVIDE ADDITIONAL PROHIBITIONS.

(R638) S. 1546 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO DATA REPORTING REQUIREMENTS FOR SOUTH CAROLINA GENERAL HOSPITALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1190, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R639) S. 1603 -- Senator Bryan: AN ACT TO PROVIDE THE METHOD OF APPOINTMENT OF MEMBERS OF THE BOARD OF DIRECTORS OF THE LAURENS COUNTY HEALTH CARE SYSTEM.

(R640) H. 3129 -- Rep. McLellan: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-595 SO AS TO PROVIDE FOR THE SELECTION OF APPLICANTS FOR DESIGNATED PRODUCERS BY THE GOVERNING BOARD; TO AMEND SECTION 38-1-20, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH AN INSURANCE BROKER MAY PLACE INSURANCE AND TO PROVIDE ADDITIONAL INSURANCE COVERAGE AS SURPLUS LINE INSURANCE; TO AMEND SECTION 38-45-10, RELATING TO DEFINITIONS OF INSURANCE BROKER, SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH AN INSURANCE BROKER MAY PLACE INSURANCE; AND TO AMEND SECTION 38-77-590, RELATING TO DESIGNATED PRODUCERS, SO AS TO INCREASE TO TEN YEARS THE YEARS OF LICENSURE FOR AN APPLICANT.

(R641) H. 5073 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO UNIFORM CLASSIFICATION AND TERRITORIAL PLANS - AUTOMOBILE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1258, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R642) H. 5021 -- Rep. Gordon: AN ACT TO AMEND SECTION 7-7-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF VOTING PRECINCTS IN WILLIAMSBURG COUNTY, SO AS TO PROVIDE FOR THE ESTABLISHMENT OF POLLING PLACES.

(R643) H. 4199 -- Rep. Hayes: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-41-35 SO AS TO PROVIDE THAT NO INDIVIDUAL MAY EXEMPT FROM THE PROPERTY OF THE ESTATE IN ANY BANKRUPTCY PROCEEDING THE PROPERTY SPECIFIED IN SECTION 522(d) OF THE BANKRUPTCY REFORM ACT (PUBLIC LAW 95-598) EXCEPT AS MAY BE EXPRESSLY PERMITTED BY THE LAWS OF THIS STATE.

(R644) H. 4879 -- Rep. Wilkins: AN ACT TO AMEND SECTION 17-4-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE COMMISSION ON APPELLATE DEFENSE AND ITS MEMBERS, SO AS TO CHANGE THE PERSON TO SERVE FROM THE SOUTH CAROLINA BAR ASSOCIATION AND THE SOUTH CAROLINA TRIAL LAWYER'S ASSOCIATION AND TO SET THE TERMS FOR THE MEMBERS.

(R645) H. 4700 -- Rep. T.M. Burriss: AN ACT TO AMEND SECTIONS 23-45-30, 23-45-40, 23-45-60, 23-45-70, 23-45-80, 23-45-90, 23-45-100, 23-45-110, 23-45-120, 23-45-130, 23-45-135, 23-45-140, AND 23-45-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, ENFORCEMENT PROVISIONS OF THE STATE FIRE MARSHAL, FEES AND LICENSES, PROCEDURES FOR ISSUANCE OF A LICENSE, LIMITATIONS AND CONDITIONS ON A LICENSE, EXPIRATION OF A LICENSE, REQUIREMENT THAT A FIRE PROTECTION SPRINKLER CONTRACTOR MUST DELIVER A COPY OF HIS LICENSE TO THE LOCAL BUILDING OFFICIAL IF HE DESIRES TO DO BUSINESS IN THAT JURISDICTION, THE EFFECT OF MUNICIPAL REGULATION ON CONTRACTORS, APPLICATION OF CHAPTER 45 OF TITLE 23, INAPPLICABILITY OF THE SAME CHAPTER, FEES FOR SPRINKLER PLAN AND SPECIFICATION REVIEW, AND ENFORCEMENT POWERS OF THE STATE FIRE MARSHAL, SO AS TO CHANGE THE NAME OF THE SOUTH CAROLINA LICENSING BOARD FOR CONTRACTORS' LICENSE TO SPRINKLER CONTRACTOR'S LICENSE, DELETE PROVISIONS REFERENCING THE STANDARD BUILDING CODE, DEFINE "BOARD" TO MEAN THE STATE LICENSING BOARD FOR CONTRACTORS, AUTHORIZE THE STATE LICENSING BOARD FOR CONTRACTORS RATHER THAN THE STATE FIRE MARSHAL TO ENFORCE PROVISIONS OF THIS CHAPTER, DELETE PROVISIONS RELATING TO THE REQUIREMENT OF A SWORN AFFIDAVIT FROM THREE PROFESSIONAL ENGINEERS AND OTHER REQUIREMENTS REQUIRED FOR APPLICATION FOR A LICENSE, MAKE THE PLANNING, INSTALLATION, OR ADDITION OF A FIRE PROTECTION SPRINKLER SYSTEM, WATER SPRAY SYSTEM, OR WATER FOAM SYSTEM ON THEIR OWN PROPERTY OR THAT OF THEIR NORMAL EMPLOYER APPLICABLE TO THE PROVISIONS OF CHAPTER 45 OF TITLE 23, PROVIDE THAT THE STATE FIRE MARSHAL MAY CHARGE FEES FOR PLAN AND SPECIFICATION REVIEW, AND PROVIDE THAT THE BOARD INSTEAD OF THE STATE FIRE MARSHAL MAY ENFORCE THE PROVISIONS OF CHAPTER 45 OF TITLE 23; TO REDESIGNATE SECTION 23-45-160, RELATING TO THE INSTALLATION OF SMOKE DETECTORS IN APARTMENT HOUSES HAVING NO FIRE PROTECTION SYSTEM, AS SECTION 23-9-155; AND REPEAL SECTION 23-45-155 RELATING TO WAIVER OF A NICET LEVEL III CERTIFICATE IN CERTAIN CIRCUMSTANCES.

(R646) H. 5128 -- Rep. Bruce: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF LANDRUM SPORTS ASSOCIATION, INC., IN SPARTANBURG COUNTY.

(R647) H. 5129 -- Rep. Baxley: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SOUTHERN PHOTOGRAPHIC LABORATORY, INC., IN DARLINGTON COUNTY.

(R648) H. 5085 -- Rep. McAbee: AN ACT TO AMEND ACT 102 OF 1973, RELATING TO THE TAX COLLECTOR FOR MCCORMICK COUNTY, SO AS TO PROVIDE THAT THE COUNTY COUNCIL MAY APPOINT A PERSON OTHER THAN THE COUNTY TREASURER AS TAX COLLECTOR WITH THE CONSENT OF THE COUNTY TREASURER.

(R649) H. 5090 -- Reps. Koon and Derrick: A JOINT RESOLUTION TO PROVIDE THAT FOR WHITE KNOLL ELEMENTARY SCHOOL IN LEXINGTON SCHOOL DISTRICT ONE, MONDAY, MAY 7, 1990, IS EXEMPTED FROM THE REQUIREMENT THAT DAYS MISSED AS A RESULT OF DAMAGE AND DISRUPTION TO THE NORMAL OPERATION OF A SCHOOL SYSTEM BE MADE UP BY THE STUDENTS.

(R650) H. 3789 -- Reps. J. Bailey, Rama and M.D. Burriss: AN ACT TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 99 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO TRAIN AND CERTIFY INDIVIDUALS TO ADMINISTER EPINEPHRINE IN TREATING PERSONS IN EMERGENCY SITUATIONS FOR INSECT STINGS AND TO ESTABLISH PROGRAMS AND PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF THIS CHAPTER.

(R651) H. 4780 -- Reps. P. Harris, Blackwell and Waldrop: AN ACT TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO PROVIDE FOR A REDUCTION IN THE TAXES DUE TO REFLECT THE EXEMPTION IF APPLICATION IS MADE AFTER JULY FIFTEENTH OF THAT TAX YEAR BUT BEFORE THE FIRST PENALTY DATE ON PROPERTY TAXES FOR THAT TAX YEAR.

(R652) H. 3552 -- Reps. Huff, L. Martin, J. Rogers, Littlejohn, Cole, Elliott, Davenport, Moss, Blanding, Hodges, Wells, Wilkes, Bruce, McGinnis, Wilder, Snow, Wright and Quinn: AN ACT TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES PAID TO CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCES, SO AS TO INCREASE VARIOUS FEES AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 12-49-250, RELATING TO THE FEE FOR RECORDING THE MORTGAGE NOTICE LIST, SO AS TO INCREASE THE FEE FOR EACH MORTGAGEE NOTICE; AND TO AMEND SECTION 15-49-30, RELATING TO THE APPLICABLE FEE FOR BRINGING AN ACTION FOR A CHANGE OF NAME, SO AS TO PROVIDE THAT THE APPLICABLE FILING FEE IS THE STANDARD FEE TO FILE CIVIL ACTIONS.

(R653) H. 4924 -- Rep. Blackwell: AN ACT TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 36 SO AS TO ESTABLISH A STATEWIDE ALZHEIMER'S DISEASE AND RELATED DISORDERS REGISTRY.

(R654) H. 4747 -- Reps. Harvin and Blackwell: AN ACT TO AMEND SECTION 58-12-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CABLE TELEVISION, ANNUAL FEES, USE OF REVENUES, AND THE AVAILABILITY OF A CHANNEL TO THE EDUCATIONAL TELEVISION COMMISSION, SO AS TO ELIMINATE THE REQUIREMENT THAT AN ANNUAL FEE BE PAID BY CABLE TELEVISION COMPANIES, AND TO DELETE THE PROVISION FOR THE USE OF THE REVENUE DERIVED FROM THE ANNUAL FEE; AND TO AMEND SECTION 58-12-130, RELATING TO CABLE TELEVISION, FEE FOR RIGHT-OF-WAY USAGE, AVAILABILITY OF A CHANNEL TO THE EDUCATIONAL TELEVISION COMMISSION, THE ISSUANCE OF CONTINUING PERMITS, AND ENFORCEMENT, SO AS TO DELETE CERTAIN PROVISIONS AND TO REQUIRE EACH CABLE TELEVISION COMPANY IN SOUTH CAROLINA TO MAKE AVAILABLE ONE SIX MEGAHERTZ CHANNEL FOR THE TRANSMISSIONS OF THE SOUTH CAROLINA EDUCATIONAL TELEVISION COMMISSION.

At Twelve O'clock Noon the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

The Reading Clerk of the Senate read the Concurrent Resolution:

S. 1602 -- Senators Pope, Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 30, 1990, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR TO FILL THE REMAINDER OF THE UNEXPIRED TERM OF THE HONORABLE JAMES M. MORRIS, AT-LARGE CIRCUIT COURT JUDGE, SEAT NO.3, WHO IS RETIRING EFFECTIVE SEPTEMBER 30, 1990.

The PRESIDENT announced that nominations were in order for the position of Judge, At-Large Circuit Court, Seat No. 3.

Senator McGILL, nominated Mr. M. Duane Shuler.

Representatives McEachin, Nettles, Harwell, T. Rogers, J. Gregory, and Felder seconded the nomination.

Senator MACAULAY, on behalf of the Oconee Delegation, seconded the nomination.

Senator SALEEBY, on behalf of the Darlington Delegation, seconded the nomination.

Rep. McElveen, on behalf of the Sumter Delegation, seconded the nomination.

Senator LAND, on behalf of the Clarendon Delegation, seconded the nomination.

Senator O'DELL, on behalf of the Abbeville Delegation, seconded the nomination.

On motion of Senator LAND, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable M. Duane Shuler was duly elected to the position of Judge, At-Large Circuit Court, Seat No. 3, for the term prescribed by law.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

At 12:09 P.M., the Senate resumed.

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

H. 5133 -- Anderson Delegation: A BILL TO AUTHORIZE CERTAIN COMPENSATION FOR THE MEMBERS OF THE ANDERSON COUNTY FIRE PROTECTION COMMISSION, TO PROVIDE FOR THE MILLAGE WHICH IS AUTHORIZED TO BE LEVIED FOR THE OPERATIONS OF THE COMMISSION, TO FURTHER PROVIDE FOR THE SERVICE AREA OF THE COMMISSION EFFECTIVE WITH THE YEAR 1991, AND TO PROVIDE FOR THE MANNER IN WHICH MONIES COLLECTED FOR THE PURPOSES OF THE COMMISSION MAY BE EXPENDED.

H. 4862 -- Rep. Rama: A BILL TO AMEND SECTION 13-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO THE ATOMIC ENERGY AND RADIATION CONTROL ACT, SO AS TO DEFINE "NONIONIZING RADIATION"; AMEND SECTION 13-7-40, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE ACT, SO AS TO AUTHORIZE THE TECHNICAL ADVISORY RADIATION CONTROL COUNCIL TO ADVISE THE DEPARTMENT ON MATTERS PERTAINING TO NONIONIZING AS WELL AS IONIZING RADIATION, REQUIRE TWO MEMBERS OF THE COUNCIL TO HAVE RECOGNIZED KNOWLEDGE IN THE FIELD OF RADIATION WITHOUT THE REQUIREMENT THAT IT BE TO IONIZING RADIATION, AND PROVIDE FOR DEPARTMENT REGULATIONS ON NONIONIZING AS WELL AS IONIZING RADIATION; AND AMEND SECTION 13-7-45, RELATING TO THE AUTHORIZATION OF THE DEPARTMENT TO PROMULGATE REGULATIONS FOR LICENSING, REGISTRATION, AND CERTIFICATION OF USERS OF THE SOURCES OF IONIZING RADIATION, SO AS TO AUTHORIZE THE DEPARTMENT TO PROMULGATE REGULATIONS REGARDING NONIONIZING RADIATION.

H. 4830 -- Rep. Kohn: A BILL TO AMEND SECTION 38-77-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO DELETE CERTAIN PROVISIONS WHICH ARE INCONSISTENT WITH THE CESSATION BY COVERAGE PROVISIONS OF THE AUTOMOBILE INSURANCE REFORM ACT OF 1989.

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

H. 3918 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-9-400, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER IN WHICH THE EMPLOYER OR INSURANCE CARRIER MUST BE REIMBURSED FROM THE SECOND INJURY FUND WHEN DISABILITY RESULTS FROM PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO DELETE THE PROVISION REGARDING UNKNOWN CONDITIONS, AND TO AMEND SECTION 42-9-410, RELATING TO THE MANNER IN WHICH THE EMPLOYER OR CARRIER MAY RECEIVE ADDITIONAL BENEFITS FROM THE SECOND INJURY FUND, BY DELETING REFERENCES TO UNKNOWN CONDITIONS.

H. 3956 -- Reps. Keegan, Corbett, Rama, Barfield and Sharpe: A BILL TO AMEND SECTION 56-5-4700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY VEHICLES, SCHOOL BUSES, AND POLICE VEHICLES FOR PURPOSES OF THE UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS, SO AS TO PROVIDE FOR THE OPERATION OF EMERGENCY VEHICLES AND POLICE VEHICLES.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (Doc. No. 388R, G2) previously proposed by Senator MOORE and printed in the Journal of Thursday, May 24, 1990.

On motion of Senator LAND, with unanimous consent, the amendment was withdrawn.

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

H. 4971 -- Reps. Kirsh, Nesbitt and J. Rogers: A BILL TO AMEND SECTION 12-7-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JOINT AND SEPARATE STATE INCOME TAX RETURNS OF SPOUSES, SO AS TO PROVIDE THAT A NONRESIDENT WHO RESIDES IN A STATE WHICH DOES NOT ALLOW A SOUTH CAROLINA RESIDENT TO FILE A JOINT RETURN WITH HIS SPOUSE MAY NOT FILE A JOINT RETURN WITH HIS SPOUSE IN THIS STATE AND TO PROVIDE THE METHOD FOR COMPLETING A SEPARATE RETURN.

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

Senator PEELER proposed the following amendment (Doc. No. 1853X), which was adopted:

Amend the bill, as and if amended, by adding at the end of Section 12-7-440(g), as contained in SECTION 1, page 1:

/Likewise, if a nonresident taxpayer is a resident of a state which does not allow a resident of South Carolina credit for child and dependent care expenses, the nonresident taxpayer is not allowed credit on the South Carolina income tax return for child and dependent care expenses./

Amend title to conform.

Senator PEELER explained the amendment.

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

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

S. 718 -- Senator Pope: A BILL TO AMEND SECTIONS 6-21-430 AND 6-21-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE GOVERNING BODY OF THE BORROWER, AS DEFINED IN THE REVENUE BOND ACT FOR UTILITIES, SHALL DESIGNATE A CUSTODIAN OF THE GROSS REVENUES FROM THE OPERATION OF THE SYSTEM AND TO THE SETTING ASIDE OF REVENUES FOR THE REPAYMENT OF REVENUE BONDS PROVIDED FOR IN THE ACT, SO AS TO DELETE THE REQUIREMENT THAT A CUSTODIAN BE APPOINTED AND REQUIRE THAT A BORROWER ISSUING BONDS PURSUANT TO CHAPTER 21 OF TITLE 6 HOLD IN TRUST THE REVENUE PLEDGED TO THE PAYMENT OF THE BONDS FOR THE BENEFIT OF THE HOLDERS AND APPLY REVENUES ONLY AS PROVIDED BY THE ORDINANCE WHICH AUTHORIZED THE ISSUANCE OF THE BONDS, AND DELETE THE PROVISIONS REQUIRING THE SEGREGATION OF REVENUES OF THE SYSTEM UNDER THE PROVISIONS OF CHAPTER 21 OF TITLE 6 AND TO AUTHORIZE THE GOVERNING BODY OF A MUNICIPALITY TO INSERT PROVISIONS IN AN ORDINANCE AUTHORIZING THE ISSUANCE OF BONDS AND REQUIRING THIS INSERTION TO BE A PART OF THE CONTRACT WITH THE HOLDERS OF THE BONDS, VESTING IN A TRUSTEE THE RIGHT TO ENFORCE COVENANTS WHICH THE HOLDERS OF THE BONDS MAY ENFORCE.

S. 831 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 18 TO TITLE 56 SO AS TO REQUIRE THE LICENSING AND REGULATION OF MOTOR VEHICLE RENTAL AGENCIES AND TO PROVIDE FOR DEFINITIONS, TO PROVIDE THAT ALL RENTAL AGENCIES MUST BE LICENSED BY THE DEPARTMENT, TO REQUIRE RENTAL AGENCIES TO MAINTAIN CERTAIN RECORDS RELATING TO RENTAL MOTOR VEHICLES AND TO PROVIDE PENALTIES FOR VIOLATING THE PROVISIONS OF THIS CHAPTER.

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

Senators ROSE and LOURIE proposed the following amendment (Doc. No. 3430R, G2), which was adopted:

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

/SECTION   1.   Chapter 31 of Title 56 of the 1976 Code is amended by adding:

"Section 56-31-50.   (A) Before engaging in business a rental company must obtain a license from the Department of Highways and Public Transportation, by filing an application with the department and furnishing any information the department reasonably may require. Each license issued expires on December thirty-first next following the date of issuance and must be displayed prominently at the established place of business. The fee for the license is twenty-five dollars. The license applies to only one place of business of the applicant and is not transferable to any other person or place of business.

(B) If, during any license year, there is any change in the information that an applicant gave the department to obtain or retain a license under this section, the licensee shall report the change to the department within thirty days after the change occurs. In the event a licensee ceases renting private passenger automobiles, he shall notify the department of this fact within ten days thereafter, and return to the department any license issued pursuant to this chapter.     Section 56-31-55.   Every rental company shall keep complete records describing the vehicle identification number, make, model, and type of body of each motor vehicle leased by that company at each location having a license from the department. These records must be open at all reasonable times for inspection and copying by the department or any of its duly authorized agents.

The records kept by the rental company must be maintained for a period of not less than two years from the date of each rental and must be maintained in a reasonably organized and orderly fashion with all entries being legible to the ordinary person upon inspection. Any records which are illegible or incapable of accurate interpretation by either the record keeper or the department's inspector or agent are not in compliance with this section.

Section 56-31-60.   Each rental company shall register and license a certain number of these automobiles in this State in the manner required by this section. The rental company shall report to the department each year its total revenues in this State derived from the rental of private passenger automobiles for that year. The rental company during the following year shall register and license in this State a percentage of its automobiles owned or leased for rental purposes equal to the percentage its revenues derived in this State for the previous year from the rental of private passenger automobiles bear to its total revenues derived in all states during the previous year from the rental of these automobiles. The department is authorized to promulgate regulations necessary for the enforcement of the provisions of this chapter.

The Tax Commission shall furnish data to the department relating to taxes pursuant to this section, including, but not limited to, information about gross receipts, net taxable sales, and tax liability by taxpayers.

The licensing and revenue reporting requirements contained in Sections 56-31-50 and 56-31-55 of the 1976 Code apply beginning with the year 1990.
Section   56-31-70.     (A) Any license issued under this chapter may be denied, suspended, or revoked if the applicant or licensee is determined by the department to have:

(a)   made a material misstatement in the application for the license;

(b)   violated any provision of this chapter; or

(c)   been found by a court of competent jurisdiction to have been convicted of any crime which reasonably indicates to the department that licensing of the applicant would be harmful to individuals renting private passenger vehicles.

The department shall notify the licensee or applicant in writing at the mailing address provided in his application of its intention to deny, suspend, or revoke his license at least twenty days in advance and shall provide the licensee an opportunity for a hearing pursuant to the Administrative Procedures Act before any denial, suspension or revocation of a license. A request for a hearing must be made in writing and received by the department within ten days of the date of the notice of the proposed denial, suspension, or revocation of the rental agency license. Upon the denial, suspension, or revocation of a license, the licensee shall immediately return the license to the department.

(B) Any rental company violating the provisions of this chapter may be required to pay a fine of not more than one thousand dollars for each violation or to have his rental company license revoked, or both."

SECTION 2. Section 56-31-20(1) of the 1976 Code is amended to read:

"(1) 'Rental company' means a person or entity in the business of providing private passenger automobiles to the public under the terms of a rental agreement."

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

Amend title to conform.

Senator ROSE explained the amendment.

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

H. 4550 -- Reps. Huff, Wilkins, Barfield, Haskins, Winstead, Nettles, Cole, J. Bailey, Keesley and Tucker: A BILL TO AMEND SECTION 20-7-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RELEASE OF A JUVENILE'S ADJUDICATION RECORD FOR A VIOLENT OFFENSE, SO AS TO PROVIDE FOR THE RELEASE OF THE JUVENILE CRIMINAL RECORD OF A PERSON ADJUDICATED AS A JUVENILE FOR COMMITTING A VIOLENT CRIME INSTEAD OF LIMITING THE RELEASE TO THE RECORD OF ADJUDICATION FOR A VIOLENT CRIME.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (Doc. No. 3739J) previously proposed by Senator BRYAN and printed in the Journal of Tuesday, May 22, 1990.

On motion of Senator BRYAN, with unanimous consent, the amendment was withdrawn.

On motion of Senator BRYAN, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

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

H. 5122 -- Rep. Washington: A BILL TO AMEND SECTION 7-7-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PLACES IN CHARLESTON COUNTY SO AS TO CHANGE THE VOTING PLACE FOR HOLLYWOOD PRECINCT FROM THE FIRE STATION TO THE TOWN HALL.

On motion of Senator PASSAILAIGUE, H. 5122 was ordered to receive a third reading on Thursday, May 31, 1990.

S. 1620 -- Senator Pope: A BILL TO AMEND ACT 295 OF 1989, RELATING TO THE REPEAL OF THE PROVISIONS OF LAW WHICH ESTABLISHED THE NEWBERRY COUNTY PARK COMMISSION, SO AS TO PROVIDE THAT THE POWERS, DUTIES, AND FUNCTIONS OF THIS COMMISSION AS OF THE TIME OF ITS REPEAL ARE DEVOLVED UPON THE GOVERNING BODY OF NEWBERRY COUNTY, AND THE ASSETS AND LIABILITIES OF THE COMMISSION ARE TRANSFERRED TO THE GOVERNING BODY OF NEWBERRY COUNTY.

On motion of Senator POPE, S. 1620 was ordered to receive a third reading on Thursday, May 31, 1990.

H. 4691 -- Reps. McAbee and Carnell: A BILL TO AMEND SECTION 34-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF AND PENALTIES FOR FRAUDULENT CHECK CASES, SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO KEEP A NONPUBLIC RECORD OF A FIRST OFFENSE VIOLATION WHICH IS EXPUNGED TO INSURE THAT NO PERSON TAKES ADVANTAGE OF THE RIGHT OF EXPUNGEMENT PERMITTED BY THIS SECTION MORE THAN ONCE.

On motion of Senator GIESE, with unanimous consent, H. 4691 was ordered to receive a third reading on Thursday, May 31, 1990.

H. 5092 -- Reps. Barfield, M.O. Alexander, T.C. Alexander, Altman, J. Bailey, K. Bailey, Baxley, Beasley, Bennett, Blackwell, G. Brown, R. Brown, Bruce, Burch, Carnell, Chamblee, Corbett, Cork, Davenport, Elliott, Fant, Farr, Felder, Gordon, Hallman, P. Harris, Haskins, Hayes, Hendricks, Holt, Huff, Jaskwhich, Kay, Keegan, Keyserling, Koon, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McCain, McGinnis, McKay, McLeod, McTeer, Neilson, Nesbitt, Nettles, Phillips, Rama, Rhoad, J. Rogers, Sharpe, Simpson, Smith, Snow, Taylor, Tucker, Vaughn, Waldrop, Washington, Wells, Whipper, White, Wilkes, Wilkins, J. Williams and Wofford: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO ELIMINATE THE PARTICIPATION OF PRIVATE COMPANIES IN THE UNITED STATES DEPARTMENT OF AGRICULTURE'S FEDERAL CROP INSURANCE CORPORATION PROGRAM, NOT TO ENACT PROVISIONS IN THE 1990 FARM BILL WHICH WOULD ABOLISH THE FEDERAL CROP SYSTEM AND THE LEASE AND TRANSFER SYSTEM OF TOBACCO ALLOTMENTS, AND NOT TO ENACT PROVISIONS OF H.R. 4077 WHICH WOULD DISMANTLE THE PRESENT STRUCTURE OF THE FARMERS HOME ADMINISTRATION.

The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the Concurrent Resolution.

Senator LONG proposed the following amendment (Doc. No. 1612o), which was adopted:

Amend the resolution, as and if amended, by striking all after the title and inserting:

/Whereas, the United States Department of Agriculture's Federal Crop Insurance Corporation (FCIC) program insures farmers against unavoidable losses due to adverse weather, insects, and crop disease. This program provides payments to farmers when crops are unavoidably lost and should the federal government withdraw its participation at its present level of support leaving only private companies involved, it would result in indemnity payments greatly exceeding premium income. This ultimately could result in the program's termination which would have disastrous results insofar as farmers are concerned; and

Whereas, in H.R. 4077, Congress is preparing to make changes to the 1987 Agricultural Credit Act that will dismantle the Farmers Home Administration and eliminate important rights of farmers. Some of the proposed changes that will hurt farmers include the following:

(1) Eligibility for direct operating loans will be limited to seven years, or ten years for borrowers with both guaranteed and direct loans.

(2) Refinancing of existing debt will be eliminated.

(3) The continuation loan policy will be eliminated.

Farmers as a result will be unable to get credit and will lose many of the rights gained in the 1987 Act. If the Farmers Home Administration is dismantled at the same time that farmers are not receiving prices for their products that will cover their cost of production, more of our farmers will be forced into foreclosure and the rural community will suffer as a result; and

Whereas, certain legislation also would do away with the federal crop program for tobacco, the price support systems of the program, and the lease and transfer system of tobacco allotments. Changes in price support programs together with declining prices which have been predicted by the Department of Agriculture will force farmers to sell their products at prices that will not cover their cost of production. Also, to not allow tobacco poundage to be leased by a farmer for use on any land would hurt not only the ability of that farmer to produce a crop and a profit but also the land values of the farms themselves; and

Whereas, the members of the South Carolina General Assembly, by this resolution, express their belief that it would be in the best interest not only of the farmers of this State but also of the United States if the changes outlined above that are contained in the proposed federal legislation would not be enacted and further that the participation of the federal government in the Federal Crop Insurance Corporation Program be continued. Now, therefore,

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

That the members of the South Carolina General Assembly memorialize the Congress of the United States to continue the participation of the federal government at its present level through the Department of Agriculture in the Federal Crop Insurance Corporation Program, not to enact legislation which would abolish the federal crop system and the lease and transfer system of tobacco allotments, and not to enact provisions of H.R. 4077 which would dismantle the present structure of the Farmers Home Administration.

Be it further resolved that copies of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, and to each member of the South Carolina Congressional Delegation./

Amend the resolution further, as and if amended, by striking the title and inserting:
/TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO CONTINUE THE PARTICIPATION OF THE FEDERAL GOVERNMENT AT ITS PRESENT LEVEL THROUGH THE DEPARTMENT OF AGRICULTURE IN THE FEDERAL CROP INSURANCE CORPORATION PROGRAM, NOT TO ENACT LEGISLATION WHICH WOULD ABOLISH THE FEDERAL CROP SYSTEM AND THE LEASE AND TRANSFER SYSTEM OF TOBACCO ALLOTMENTS, AND NOT TO ENACT PROVISIONS OF H.R. 4077 WHICH WOULD DISMANTLE THE PRESENT STRUCTURE OF THE FARMERS HOME ADMINISTRATION./

Amend title to conform.

Senator LONG explained the amendment.

On motion of Senator LONG, the Concurrent Resolution was adopted, ordered returned to the House with amendments.

The following Bill was carried over:

H. 4283 -- Rep. Sheheen: A BILL TO AMEND SECTION 56-1-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REINSTATEMENT OF A SUSPENDED OR REVOKED DRIVER'S LICENSE, SO AS TO INCREASE THE AMOUNT OF THE REINSTATEMENT FEE FROM TEN TO ONE HUNDRED DOLLARS, TO DELETE THE PROVISION NOT TO REQUIRE THE REINSTATEMENT FEE UNLESS DRIVER IMPROVEMENT INSTRUCTION IS PROVIDED, TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PROVIDE THE INSTRUCTION, AND TO REFERENCE THE INSTRUCTION AS AN ADDITIONAL CONDITION PRECEDENT.

(On motion of Senator LAND)

S. 391 -- Senators Waddell, Lindsay, Lourie, Leatherman and Lee: A BILL TO AMEND SECTIONS 48-39-270 THROUGH 48-39-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO ADD SECTIONS 48-39-305 AND 48-39-355, PROVIDE FOR A THIRTY INSTEAD OF FORTY-YEAR RETREAT POLICY, REVISE DEFINITIONS, THE PROVISIONS FOR AND THE DETERMINATION OF THE BASELINE AND THE SETBACK LINE, THE DUTIES OF THE COASTAL COUNCIL, THE PROVISIONS FOR THE REPAIR AND REPLACEMENT OF A HABITABLE STRUCTURE OR RECREATIONAL AMENITY, EXEMPTIONS, EROSION CONTROL DEVICES, DAMAGE APPRAISALS, AND TIME LIMITATIONS, PROVIDE FOR A PETITION TO THE CIRCUIT COURT BY LANDOWNERS AND THE COURT'S DETERMINATION, PROVIDE FOR THE PLANTING OF VEGETATION, PROVIDE FOR THE CREATION AND REVISION OF THE BEACH MANAGEMENT PLAN PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT, REVISE THE REQUIREMENTS OF A DISCLOSURE STATEMENT IN A CONTRACT OF SALE AND DEED, AND PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A PERMIT IS NOT REQUIRED AND FOR DOCUMENTATION; AMEND ACT 634 OF 1988, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO PROVIDE FOR A GRADUAL RETREAT FROM THE BEACH/DUNE SYSTEM OVER A THIRTY INSTEAD OF FORTY-YEAR PERIOD; AND PROVIDE FOR THE EFFECTIVE DATE.

By prior motion of Senator WILLIAMS, with unanimous consent, the Bill was taken up for immediate consideration.

Senator McCONNELL spoke on the Bill.

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

Senator McCONNELL spoke on the Bill.

Senators McCONNELL, MARTSCHINK, PASSAILAIGUE and ROSE proposed the following Amendment No. 1A (Doc. No. 4120R), which was adopted:

Amend the bill, as and if amended, page 31, after line 40, Section 48-39-290 as contained in SECTION 3, by adding a new subsection (E) to read:

/(E) The provisions of this section do not apply to the area known as Folly Beach. Nothing contained in this subsection or Section 48-39-300 makes this area ineligible for beach renourishment funds./

Amend title and renumber sections to conform.

Senator McCONNELL argued in favor of the adoption of the amendment and Senators HINDS and HAYES argued contra.

Senator HAYES moved to lay the amendment on the table.

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

Bryan                     Courson                   Hayes
Hinds                     Patterson                 Smith, N.W.
Thomas                    

Giese                     Gilbert                   Helmly
Hinson                    Land                      Leatherman
Lee                       Lindsay                   Long
Macaulay                  Martschink                McConnell
McGill                    McLeod                    Moore
Mullinax                  Passailaigue              Peeler
Rose                      Russell                   Setzler
Shealy                    Smith, H.C.               Stilwell
Waddell                   Williams                  Wilson

The Senate refused to table the amendment.

Senator McCONNELL moved that the amendment be adopted.

The amendment was adopted.

On motion of Senator WADDELL, with unanimous consent, that while the Conferees were meeting on H. 4800, the General Appropriation Bill, that they be counted in any quorum calls, allowing them five minutes to come to the Senate Chamber from the Gressette Building.

Debate was interrupted by recess.

At 1:14 P.M., on motion of Senator WILLIAMS, the Senate receded from business until 3:00 P.M.

At 3:05 P.M., the Senate resumed.

H. 3169 -- Reps. McLeod, Baxley, Blanding, G. Brown, McElveen and Harvin: A BILL TO PROVIDE FOR THE MAXIMUM AMOUNTS OF HAZARDOUS WASTE WHICH A LANDFILL MAY ACCEPT THROUGH JUNE 1, 1992; TO AMEND SECTION 44-56-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS RELATING TO HAZARDOUS WASTE, SO AS TO PROVIDE THAT A LANDFILL MAY NOT ACCEPT HAZARDOUS WASTE GENERATED IN ANOTHER STATE WHICH IS PROHIBITED BY THAT STATE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-125 SO AS TO LIMIT THE AMOUNT OF NONHAZARDOUS WASTE A LANDFILL WHICH ACCEPTS HAZARDOUS WASTE MAY ACCEPT AND TO PROVIDE THAT NONHAZARDOUS AND HAZARDOUS WASTE MUST BE DISPOSED OF OR STORED SEPARATELY.

On motion of Senator J. VERNE SMITH, with unanimous consent, Free Conference Powers were granted to the Committee of Conference, whereupon the PRESIDENT appointed Senators LAND, J. VERNE SMITH and HINDS of the Committee of Free Conference on the part of the Senate, and a message was sent to the House accordingly.

H. 3169 -- Reps. McLeod, Baxley, Blanding, G. Brown, McElveen and Harvin: A BILL TO PROVIDE FOR THE MAXIMUM AMOUNTS OF HAZARDOUS WASTE WHICH A LANDFILL MAY ACCEPT THROUGH JUNE 1, 1992; TO AMEND SECTION 44-56-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS RELATING TO HAZARDOUS WASTE, SO AS TO PROVIDE THAT A LANDFILL MAY NOT ACCEPT HAZARDOUS WASTE GENERATED IN ANOTHER STATE WHICH IS PROHIBITED BY THAT STATE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-125 SO AS TO LIMIT THE AMOUNT OF NONHAZARDOUS WASTE A LANDFILL WHICH ACCEPTS HAZARDOUS WASTE MAY ACCEPT AND TO PROVIDE THAT NONHAZARDOUS AND HAZARDOUS WASTE MUST BE DISPOSED OF OR STORED SEPARATELY.

On motion of Senator J. VERNE SMITH, with unanimous consent, the Report of the Committee of Free Conference was taken up for immediate consideration.

On motion of Senator J. VERNE SMITH, with unanimous consent, the Report (Doc. No. 5972z, G1) was adopted as follows:

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3169 -- Reps. McLeod, Baxley, Blanding, G. Brown, McElveen and Harvin: A BILL TO PROVIDE FOR THE MAXIMUM AMOUNTS OF HAZARDOUS WASTE WHICH A LANDFILL MAY ACCEPT THROUGH JUNE 1, 1992; TO AMEND SECTION 44-56-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS RELATING TO HAZARDOUS WASTE, SO AS TO PROVIDE THAT A LANDFILL MAY NOT ACCEPT HAZARDOUS WASTE GENERATED IN ANOTHER STATE WHICH IS PROHIBITED BY THAT STATE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-125 SO AS TO LIMIT THE AMOUNT OF NONHAZARDOUS WASTE A LANDFILL WHICH ACCEPTS HAZARDOUS WASTE MAY ACCEPT AND TO PROVIDE THAT NONHAZARDOUS AND HAZARDOUS WASTE MUST BE DISPOSED OF OR STORED SEPARATELY.
Beg leave to report that they have duly and carefully considered the same and recommend that the bill, as and if amended, pass amended as follows:

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

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

SECTION 1. Chapter 56, Title 44 of the 1976 Code is amended by adding:

"Section 44-56-59. (A) The General Assembly finds:

(1) The existing commercial land disposal facility in South Carolina and available capacity in this State generally are limited resources;

(2) It is essential that the limited waste treatment and disposal capacity of the existing commercial facility and the State in general be preserved, ready and available to ensure that the needs of South Carolina are met first;

(3) The existing commercial land disposal facility as well as other hazardous waste treatment and disposal facilities must give preference to hazardous waste generators within the State for treatment and disposal of hazardous materials at licensed facilities in the State;

(4) The General Assembly and the Executive Branch have mandated restrictions on the importation of out-of-state wastes and on the capacity of existing hazardous waste landfills; and

(5) Reducing the amount of hazardous waste shipped to South Carolina commercial facilities will send a message to all states that South Carolina intends to reduce to the greatest extent possible the amount of hazardous waste treated and disposed of in this State.

(B) Based upon these findings, the General Assembly declares that:

(1) Landfilling is the least desirable method of managing hazardous waste and, in order to reduce potential risks to human health and the environment, reliance on landfilling must be reduced or eliminated when alternative disposal methods which are technologically and economically feasible are reasonably available within the State; through regional agreements between states; or through other means; and

(2) As this State reduces its reliance on landfilling through its waste minimization practices and other means, the amount of hazardous waste being shipped into this State for landfilling from locations outside of the State should be reduced and eliminated also."

SECTION 2. Section 44-56-60(a) of the 1976 Code is amended to read:

"(a)(1) In order to provide the General Assembly with the information it needs to accomplish the above goals, the Department of Health and Environmental Control shall evaluate annually the effects of new and existing waste management technologies, alternate methods of storage or disposal, recycling, incineration, waste minimization laws and practices, and other factors that tend to reduce the volume of hazardous waste. The results of the Department's evaluation must be reported to the General Assembly not later than February first of each year, beginning in 1991, in a form that will permit the General Assembly to determine whether or not hazardous waste landfill capacity in this State should be reduced."

(2) No person shall may construct, substantially alter, or operate any a hazardous waste treatment, storage, or disposal facility or site, nor shall any may a person transport, store, treat, or dispose of any hazardous waste without first obtaining a permit from the department for the facility, site, or activity. Beginning on July 1, 1985 1990, permitted hazardous waste disposal sites are restricted to a rate of land disposal by burial not to exceed one hundred thirty-five one hundred twenty thousand tons of hazardous waste for the twelve month period ending July 1, 1991. On July 1, 1991, permitted hazardous waste disposal sites are restricted to a rate of land disposal by burial not to exceed one hundred ten thousand tons of hazardous waste for each twelve-month period thereafter within the permitted area of the site.

(3) During a twelve month period, the Commissioner may allow land disposal by burial in excess of the limitation, upon certification of the department that:

(A) disposal by land burial from a particular site in South Carolina is necessary to protect the health and safety of the people of this State; or

(B) at least 110 thousand tons of hazardous waste disposed of by land burial in this State during the twelve month period was generated in South Carolina.

During each twelve month period, a person operating a hazardous waste disposal facility or site shall reserve at least the same capacity to dispose of hazardous waste generated in South Carolina that was disposed of by burial at that facility or site during the previous year excluding capacity that was used to dispose of hazardous waste pursuant to subitem (A). No more hazardous waste from out of state shall be buried in South Carolina than was buried in the previous twelve month period.

Certification must be issued to the party seeking to use land disposal of the waste, and the certification must be presented to the operator of the facility at the time of disposal. The facility shall submit this certification with its regular report to the department of permitted activity at the disposal site."

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

Amend title to conform.

A BILL TO PROVIDE FOR THE MAXIMUM AMOUNTS OF HAZARDOUS WASTE WHICH A LANDFILL MAY ACCEPT THROUGH JUNE 1, 1992; TO AMEND SECTION 44-56-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS RELATING TO HAZARDOUS WASTE, SO AS TO PROVIDE THAT A LANDFILL MAY NOT ACCEPT HAZARDOUS WASTE GENERATED IN ANOTHER STATE WHICH IS PROHIBITED BY THAT STATE: AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-125 SO AS TO LIMIT THE AMOUNT OF NONHAZARDOUS WASTE A LANDFILL WHICH ACCEPTS HAZARDOUS WASTE MAY ACCEPT AND TO PROVIDE THAT NONHAZARDOUS AND HAZARDOUS WASTE MUST BE DISPOSED OF OR STORED SEPARATELY./

J. Verne Smith                    Joseph T. McElveen, Jr.
John C. Land, III                 Daniel M. McEachin, Jr.
Douglas L. Hinds                  Harry M. Hallman, Jr.
On Part of the Senate               On Part of the House

, and a message was sent to the House accordingly.

H. 4423 -- Judiciary Committee: A BILL TO AMEND SECTION 14-5-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE AND THE NUMBER OF CIRCUIT JUDGES TO BE ELECTED FOR THE STATE, SO AS TO AUTHORIZE CERTAIN ADDITIONAL RESIDENT AND AT-LARGE CIRCUIT JUDGES; TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-215 SO AS TO PROVIDE THAT A JUDGE OR JUSTICE RETIRED FROM THE SUPREME COURT, COURT OF APPEALS, CIRCUIT COURT, OR FAMILY COURT OF THIS STATE MAY NOT BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN ANY CIRCUIT OR FAMILY COURT OF THIS STATE EXCEPT IN CASES OF AN EMERGENCY AS DETERMINED BY THE CHIEF JUSTICE OF THE SUPREME COURT AND TO PROVIDE FOR CERTAIN SCREENING OF THESE JUDGES AND JUSTICES IN ORDER TO SERVE IN THESE EMERGENCY SITUATIONS; TO AMEND SECTION 9-8-120, RELATING TO THE AUTHORIZATION FOR JUSTICES OR JUDGES WHO ARE RETIRED UNDER THE JUDICIAL RETIREMENT SYSTEM TO PERFORM JUDICIAL DUTIES IN CERTAIN COURTS, SO AS TO CONFORM THE PROVISIONS OF THIS SECTION TO THE LIMITATIONS CONTAINED IN SECTION 14-1-215; AND TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-216 SO AS TO PROVIDE THAT NO ACTIVE FAMILY COURT JUDGE MAY BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN THE CIRCUIT COURT.

Senator MULLINAX asked unanimous consent to make a motion that the Bill be given a second reading, carrying over all amendments.

Senator LEATHERMAN objected.

On motion of Senators WILSON and PATTERSON, with unanimous consent, the Privilege of the Chamber, to that area behind the rail, was extended to the 1990 National Science Olympiad Champions from Irmo High School and Irmo Middle School.

S. 391 -- Senators Waddell, Lindsay, Lourie, Leatherman and Lee: A BILL TO AMEND SECTIONS 48-39-270 THROUGH 48-39-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO ADD SECTIONS 48-39-305 AND 48-39-355, PROVIDE FOR A THIRTY INSTEAD OF FORTY-YEAR RETREAT POLICY, REVISE DEFINITIONS, THE PROVISIONS FOR AND THE DETERMINATION OF THE BASELINE AND THE SETBACK LINE, THE DUTIES OF THE COASTAL COUNCIL, THE PROVISIONS FOR THE REPAIR AND REPLACEMENT OF A HABITABLE STRUCTURE OR RECREATIONAL AMENITY, EXEMPTIONS, EROSION CONTROL DEVICES, DAMAGE APPRAISALS, AND TIME LIMITATIONS, PROVIDE FOR A PETITION TO THE CIRCUIT COURT BY LANDOWNERS AND THE COURT'S DETERMINATION, PROVIDE FOR THE PLANTING OF VEGETATION, PROVIDE FOR THE CREATION AND REVISION OF THE BEACH MANAGEMENT PLAN PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT, REVISE THE REQUIREMENTS OF A DISCLOSURE STATEMENT IN A CONTRACT OF SALE AND DEED, AND PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A PERMIT IS NOT REQUIRED AND FOR DOCUMENTATION; AMEND ACT 634 OF 1988, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO PROVIDE FOR A GRADUAL RETREAT FROM THE BEACH/DUNE SYSTEM OVER A THIRTY INSTEAD OF FORTY-YEAR PERIOD; AND PROVIDE FOR THE EFFECTIVE DATE.

The Senate resumed consideration of the Bill.

Senator LONG proposed the following Amendment No. 2 (Doc. No. 3769R), which was adopted:

Amend the bill, as and if amended, page 391-3, Section 48-39-250 as contained in SECTION 1, by striking lines 38 through 45.

Amend title and renumber sections to conform.

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

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

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

Bryan                     Courson                   Drummond
Fielding                  Giese                     Hayes
Helmly                    Hinds                     Hinson
Holland                   Land                      Leatherman
Lee                       Leventis                  Lindsay
Long                      Lourie                    Macaulay
Martschink                Matthews                  McConnell
McGill                    McLeod                    Moore
Mullinax                  O'Dell                    Passailaigue
Patterson                 Peeler                    Pope
Rose                      Russell                   Saleeby
Setzler                   Shealy                    Smith, H.C.
Smith, J.V.               Smith, N.W.               Stilwell
Thomas                    Waddell                   Williams
Wilson                    

The Senate resumed.

Senator LONG argued in favor of the adoption of the amendment and Senator HAYES argued contra.

Senator LONG moved that the amendment be adopted.

The amendment was adopted.

Senator LONG proposed the following Amendment No. 3 (Doc. No. 3770R), which was adopted:

Amend the bill, as and if amended, page 391-4, by striking Section 48-39-250(5) in its entirety.

Amend title and renumber sections to conform.

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

Senator LONG moved that the amendment be adopted.

The amendment was adopted.

Senator LONG proposed the following Amendment No. 4 (Doc. No. 3771R), which was adopted:

Amend the bill, as and if amended, page 391-4, Section 48-39-250(6) as contained in SECTION 1, lines 22 through 24 by striking after the word /system/ the words /and encouraging those who have erected structures too close to the system to retreat from it/.

Amend title and renumber sections to conform.

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

Senator LONG moved that the amendment be adopted.

The amendment was adopted.

Senator LONG proposed the following Amendment No. 5 (Doc. No. 3772R), which was adopted:

Amend the bill, as and if amended, page 391-5, by striking Section 48-39-260(3) in its entirety.

Amend title and renumber sections to conform.

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

Senator LONG moved that the amendment be adopted.

The amendment was adopted.

Senator LONG proposed the following Amendment No. 7A (Doc. No. 3774R), which was adopted:

Amend the bill, as and if amended, page 391-23, Section 48-39-270(11) as contained in SECTION 3, lines 3 and 4, by striking after the word /selection./ the following:

/The determination of percentage of damage by the third appraisal is conclusive./

And inserting the following in lieu thereof:

/Nothing in this section prevents a court of competent jurisdiction from reviewing, de novo, the appraisal upon the petition of the property owner./

Amend title and renumber sections to conform.

Senator LONG argued in favor of the adoption of the amendment and Senator HAYES argued contra.

Senator HAYES moved to lay the amendment on the table.

The Senate refused to table the amendment.

The question was the adoption of the amendment.

The amendment was adopted.

Senator LONG proposed the following Amendment No. 9 (Doc. No. 3755R), which was adopted:

Amend the bill, as and if amended, page 391-23, Section 48-39-280(A)(1) as contained in SECTION 3, line 21 by striking the words /an ideal/ and inserting the word /the/ in lieu thereof.

Amend title and renumber sections to conform.

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

Senator LONG moved that the amendment be adopted.

The amendment was adopted.

Senator LONG proposed the following Amendment No. 10 (Doc. No. 3758R), which was adopted:

Amend the bill, as and if amended, page 391-25, Section 48-39-280, as contained in SECTION 3, lines 7 and 8, by striking the words /or not less than twenty feet from the base line/.

Amend title and renumber sections to conform.

Senator LONG argued in favor of the adoption of the amendment and Senator HAYES argued contra.

Senator HAYES moved to lay the amendment on the table.

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

Bryan                     Courson                   Fielding
Giese                     Hayes                     Helmly
Hinds                     Lourie                    Macaulay
Matthews                  Passailaigue              Patterson
Pope                      Russell                   Smith, N.W.
Stilwell                  Thomas                    Wilson

Leatherman                Lee                       Leventis
Lindsay                   Long                      Martschink
McConnell                 McGill                    McLeod
Moore                     Mullinax                  Peeler
Rose                      Saleeby                   Setzler
Shealy                    Smith, H.C.               Smith, J.V.
Waddell                   Williams                  

The Senate refused to table the amendment. The question was the adoption of the amendment.

The amendment was adopted.

Senator LONG proposed the following Amendment No. 12 (Doc. No. 3759R), which was adopted:

Amend the bill, as and if amended, page 391-26, Section 48-39-290(A), as contained in SECTION 3, line 41, by inserting the words /including, but not limited to, baitshops, restrooms, restaurants, and arcades/ after the word /structures/ and before the word /which/.

Amend title and renumber sections to conform.

Senator LONG moved that the amendment be adopted,

The amendment was adopted.

Senator LONG proposed the following Amendment No. 13 (Doc. No. 3761R), which was adopted:

Amend the bill, as and if amended, page 391-27, Section 48-39-290 as contained in SECTION 3, lines 43 and 44, by striking the words /inclusive of that area of existing pools seaward of the setback line/ after the word /space/.

Amend title and renumber sections to conform.

Senator LONG moved that the amendment be adopted.

The amendment was adopted.

Senator LONG proposed the following Amendment No. 15 (Doc. No. 3762R), which was adopted:

Amend the bill, as and if amended, page 391-28, Section 48-39-290 as contained in SECTION 3, line 13, by inserting the words /seaward of the setback line/ after the word /structure/.

Amend the bill further, as and if amended, page 391-28, Section 48-39-290 as contained in SECTION 3, line 14, by inserting the words /seaward of the setback line/ after the word /structure/ and before /./.

Amend title and renumber section to conform.

Senator LONG explained the amendment.

Senator LONG moved that the amendment be adopted.

The amendment was adopted.

Senator LONG proposed the following Amendment No. 16 (Doc. No. 3763R), which was adopted:

Amend the bill, as and if amended, page 391-28, Section 48-39-290 as contained in SECTION 3, line 26, by inserting the words /unless permitted elsewhere in Sections 48-39-250 through 48-39-360/ after the word /baseline/ and before /./.

Amend title and renumber sections to conform.

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

Senator LONG moved that the amendment be adopted.

The amendment was adopted.

Senator LONG proposed the following Amendment No. 17A (Doc. No. 0672I):

Amend the bill, as and if amended, page 391-29, Section 48-39-290, as contained in SECTION 3, by striking lines 3-43 and inserting the following in lieu thereof:
/(i) Damage to sea walls and bulkheads must be judged on the percent of the structure remaining intact at the time of damage appraisal. The portions of the structure or device above and below grade must be evaluated. Those portions of the structure or device standing, cracked or broken piles, whalers, wing walls, and panels must be included in the appraisal. Revetments must be judged on the extent of displacement of stone and the effort required to return these stones to the prestorm event configuration of the structure or device. If the property owner disagrees with the appraisal of an appraiser acting on behalf of the council, he may obtain an appraisal by an appraiser to evaluate, as set forth in this item, the damage to the structure or device. If the two appraisals differ, then the two appraisers who performed the appraisal shall select an appraiser to perform the third appraisal. If the first two appraisers are unable to select an appraiser to perform the third appraisal, the clerk of court of the county where the structure or device lies shall make the selection of an appraiser. Nothing in this section prevents a court of competent jurisdiction from reviewing, de novo, the appraisal upon the petition of the property owner./

Amend title and renumber sections to conform.

Senator LONG argued in favor of the adoption of the amendment and Senator HAYES argued contra.

Senator LONG moved that the amendment be adopted.

Senator HAYES moved to lay the amendment on the table.

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

Bryan                     Courson                   Drummond
Fielding                  Giese                     Hayes
Helmly                    Hinds                     Hinson
Macaulay                  Passailaigue              Pope
Smith, J.V.               Smith, N.W.               Stilwell
Thomas                    

Holland                   Land                      Lee
Leventis                  Lindsay                   Long
Lourie                    Martschink                Matthews
McConnell                 McGill                    McLeod
Mullinax                  Peeler                    Rose
Russell                   Saleeby                   Shealy
Smith, H.C.               Williams                  

The Senate refused to table the amendment.

The question was the adoption of the amendment.

Senator THOMAS argued contra to the adoption of the amendment.

Senator HAYES asked unanimous consent with Senator THOMAS retaining the floor, to make a motion that the Senate stand adjourned.

Senator McCONNELL objected.

Senator THOMAS argued contra to the adoption of the amendment.

Senator WILLIAMS asked unanimous consent with Senator THOMAS retaining the floor, to make a motion that the Senate recede from business until 5:00 P.M.

Senator BRYAN objected.

Senator THOMAS argued contra to the adoption of the amendment.

On motion of Senator WILLIAMS, with unanimous consent, Senator THOMAS retaining the floor, the Senate adjourned.

Debate was interrupted by adjournment.

At 4:32 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

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