Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, 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, Nehemiah, as a civil governor, and armed with authority from the King of Persia, rebuilt the walls of Jerusalem in 52 days in 444 B.C. Hear Nehemiah's words (2:13):
"I told them of the hand of my God which
had been upon me for good. And they said,
`Let us rise up and build'. So they

strengthened their hands for the good work.'"
Let us pray.

Good Lord, we thank you for the life and labors of your servant, Mable Waddell. Hold your hand of love and mercy upon Jim and his family as she moves from the Church Militant to the Church Triumphant. Grant them the consolations which only the Holy Spirit can give.

Our father, we like the ring of the call of our President for a New World Order.

We thank Thee for the remembrance of Nehemiah as he rallied his people to the task of rebuilding. We note that the secret of the success of his efforts was the realization that the hand of God was upon him. So

"Give us a watchword for the hour,

A thrilling word, a word of power,

A battle-cry, a flaming breath,

That calls to conquest... "

Make us partners in the task of building a "new world order"... in the spirit of Nehemiah.

Amen.

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

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

Bryan Courson Fielding
Giese Gilbert Hayes
Helmly Hinds Hinson
Holland Land Leatherman
Long Lourie Macaulay
Martin Martschink McConnell
McGill Mitchell O'Dell
Passailaigue Patterson Peeler
Pope Reese Rose
Russell Setzler Shealy
Smith, J.V. Smith, N.W. Stilwell
Thomas Williams Wilson

The Senate resumed.

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

Senator J. VERNE SMITH introduced Dr. John Eberly of Taylors, S.C., Doctor of the Day.

On motion of Senator WADDELL, Senator LEVENTIS was granted a leave of absence for today.

On motion of Senator O'DELL, Senator MULLINAX was granted a leave of absence for today.

On motion of Senator SETZLER, Senator MOORE was granted a leave of absence for today.

On motion of Senator WILLIAMS, Senator WADDELL was granted a leave of absence for today.

S. 501 -- Senators Macaulay, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION FOR RATIFICATION BY THE STATES SPECIFYING THAT CONGRESS AND THE STATES MAY PROHIBIT THE PHYSICAL DESECRATION OF THE FLAG OF THE UNITED STATES OF AMERICA.

Returned with concurrence.

Received as information.

S. 576 -- Senators Rose, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO DESIGNATE SUNDAY, FEBRUARY 17, 1991, AS "HONOR OUR ARMED FORCES DAY" IN SOUTH CAROLINA TO HONOR AND SUPPORT THE MEN AND WOMEN OF THE UNITED STATES ARMED FORCES STATIONED IN THE MIDDLE EAST, AND TO ENCOURAGE COMMUNITIES IN SOUTH CAROLINA TO PUBLICLY DEMONSTRATE THEIR SUPPORT FOR THE ARMED FORCES ON THAT DAY.

Returned with concurrence.

Received as information.

S. 393 -- Senators Martschink, Shealy and Passailaigue: A JOINT RESOLUTION TO PROVIDE THAT FOR TAXPAYERS, PERSONAL REPRESENTATIVES, AND TRUSTEES WHO ARE IN THE REGULAR MILITARY, RESERVES, OR NATIONAL GUARD AND STATIONED OVERSEAS AS A RESULT OF OPERATION DESERT SHIELD, THE SOUTH CAROLINA TAX COMMISSION SHALL CONFORM TO THE ACTIONS OF THE INTERNAL REVENUE SERVICE AND TO AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986 WITH RESPECT TO TIME FOR FILING INDIVIDUAL AND FIDUCIARY INCOME TAX RETURNS AND PAYING INDIVIDUAL INCOME AND FIDUCIARY INCOME TAXES, TO EXTEND THIS CONFORMITY TO CORPORATE INCOME AND LICENSE TAX RETURNS AND CORPORATE INCOME AND LICENSE TAXES WHERE ALL CORPORATE OFFICERS ARE STATIONED OVERSEAS AS A RESULT OF OPERATION DESERT SHIELD AND TO EXTEND THE TIME FOR PAYING PROPERTY TAXES AND FILING PROPERTY TAX RETURNS FOR THOSE INDIVIDUALS.

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

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

The following were introduced:

S. 575 -- Senators Passailaigue, McConnell, Fielding, Washington and Martschink: A CONCURRENT RESOLUTION TO RECOGNIZE THE MANY OUTSTANDING ACHIEVEMENTS OF CHARLESTON NATIVE BETH DANIEL IN HER CAREER AS A PROFESSIONAL GOLFER AND WISH HER CONTINUED SUCCESS IN THE FUTURE.

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

S. 576 -- Senators Rose, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO DESIGNATE SUNDAY, FEBRUARY 17, 1991, AS "HONOR OUR ARMED FORCES DAY" IN SOUTH CAROLINA TO HONOR AND SUPPORT THE MEN AND WOMEN OF THE UNITED STATES ARMED FORCES STATIONED IN THE MIDDLE EAST, AND TO ENCOURAGE COMMUNITIES IN SOUTH CAROLINA TO PUBLICLY DEMONSTRATE THEIR SUPPORT FOR THE ARMED FORCES ON THAT DAY.

Senator ROSE spoke on the Resolution.

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

S. 577 -- Senator Rose: A CONCURRENT RESOLUTION TO EXPRESS THE SOUTH CAROLINA GENERAL ASSEMBLY'S SUPPORT FOR THE HARDWORKING CITIZENS OF SOUTH CAROLINA BY OPPOSING TAX INCREASES AND WASTEFUL GOVERNMENT SPENDING.

Whereas, the economy of the United States recently has taken a significant downturn, impacting negatively on taxpayers across America; and

Whereas, the citizens of South Carolina have faithfully funded the continued expansion of state government services for many years; and

Whereas, working men and women are providing government, at all levels, with a larger share of their income than ever before; and

Whereas, our senior citizens and others on fixed incomes are finding it increasingly difficult to pay higher taxes; and

Whereas, the business interests of our State collectively face increased costs and decreasing markets. Now, therefore,

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

That the members of the General Assembly will explore every option to bring efficiency and cost-effectiveness to every government program and service, to prioritize necessary spending, and to eliminate all waste and unnecessary spending.

Be it further resolved that the members of the General Assembly pledge to reduce, and where possible, reverse the growth of state spending.

Be it further resolved that the members of the General Assembly pledge to oppose any effort to increase the tax burden on any segment of the taxpaying citizens of our South Carolina.

Referred to the Committee on Finance.

S. 578 -- Senator Drummond: A BILL TO AMEND SECTIONS 48-27-130 AND 48-27-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR QUALIFICATION AS A REGISTERED FORESTER INSIDE AND OUTSIDE SOUTH CAROLINA, SO AS TO DELETE THE REFERENCE TO CHARACTER AND REPUTATION, PROHIBIT REGISTRATION OF PERSONS CONVICTED OF A FELONY OR CRIME INVOLVING MORAL TURPITUDE, AND PROVIDE EXCEPTIONS; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD OF REGISTRATION FOR FORESTERS FOR SIX YEARS.

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

S. 579 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-75-105 SO AS TO PROHIBIT CERTAIN LICENSES AND REGISTRATIONS BY THE BOARD OF EXAMINERS FOR THE LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS; TO AMEND SECTION 40-75-100, AS AMENDED, RELATING TO THE REQUIREMENTS FOR LICENSURE UNDER THE PROFESSIONAL COUNSELOR, ASSOCIATE COUNSELOR, AND MARITAL AND FAMILY THERAPIST LICENSING ACT, SO AS TO DELETE THE REQUIREMENT THAT A LICENSURE APPLICANT RESIDE OR INTEND TO PRACTICE IN THIS STATE; TO AMEND SECTION 40-75-170, RELATING TO MISCONDUCT OF A LICENSEE, SO AS TO DELETE THE PROVISION FOR THE USE OF A SOLICITOR OR OTHER PERSON TO OBTAIN PATRONAGE; TO REPEAL SECTION 40-75-190 RELATING TO EXEMPTIONS UNDER THE ACT; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD OF EXAMINERS FOR SIX YEARS.

Read the first time and referred to the General Committee.

S. 580 -- Senator Drummond: A BILL TO AMEND SECTION 40-53-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF POLYGRAPH EXAMINERS, SO AS TO REQUIRE A CURRENT SURETY BOND OR INSURANCE POLICY TO RETAIN LICENSURE; TO AMEND SECTION 40-53-160, RELATING TO LICENSE RENEWAL, SO AS TO PROVIDE FOR EVIDENCE OF A CURRENT BOND OR POLICY OF FIVE THOUSAND DOLLARS; TO REPEAL SECTION 40-53-200 RELATING TO REGISTRATION WITH THE CLERK OF COURT; AND TO REAUTHORIZE THE EXISTENCE OF THE POLYGRAPH EXAMINERS FOR SIX YEARS.

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

S. 581 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-17-55 SO AS TO PROVIDE THE QUALIFICATIONS OF APPLICANTS AND REQUIREMENTS OF APPLICATIONS FOR PRIVATE DETECTIVE BUSINESSES; TO AMEND SECTION 40-17-20, RELATING TO DEFINITIONS IN THE PRIVATE DETECTIVE AND PRIVATE SECURITY AGENCIES ACT, SO AS TO CHANGE THE REFERENCE TO LICENSED PRIVATE DETECTIVE TO REGISTERED PRIVATE DETECTIVE; TO AMEND SECTION 40-17-30, RELATING TO THE POWERS AND DUTIES OF THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO PROVIDE SEPARATE POWERS AND DUTIES FOR PRIVATE SECURITY AND DETECTIVE BUSINESSES; TO AMEND SECTION 40-17-50, RELATING TO QUALIFICATIONS OF APPLICANTS AND REQUIREMENTS OF APPLICATIONS FOR PRIVATE SECURITY AND DETECTIVE BUSINESSES, SO AS TO DELETE REFERENCES TO PRIVATE DETECTIVE BUSINESSES AND THE CHARACTER REQUIREMENT; TO AMEND SECTION 40-17-60, RELATING TO BONDS OF APPLICANTS, SO AS TO PROVIDE FOR THE BOND REQUIREMENTS TO APPLY TO PRIVATE SECURITY BUSINESSES; TO AMEND SECTION 40-17-70, RELATING TO LICENSES FOR PRIVATE DETECTIVE AND SECURITY BUSINESSES, SO AS TO PROVIDE FOR REGISTRATION INSTEAD OF LICENSING OF PRIVATE DETECTIVES AND DELETE THE CHARACTER REQUIREMENT; TO AMEND SECTION 40-17-80, RELATING TO REGISTRATION OF EMPLOYEES OF LICENSEES, SO AS TO DELETE THE REFERENCES TO AGENTS AND CHARACTER; TO AMEND SECTION 40-17-120, RELATING TO PERMITS TO CARRY FIREARMS, SO AS TO CHANGE THE REFERENCE TO LICENSED PRIVATE DETECTIVE TO REGISTERED PRIVATE DETECTIVE; TO AMEND SECTION 40-17-140, RELATING TO SUSPENSION AND REVOCATION OF LICENSES AND REGISTRATIONS, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO REGISTERED PRIVATE DETECTIVES; AND TO REAUTHORIZE THE EXISTENCE OF THE PRIVATE DETECTIVE AND PRIVATE SECURITY PROGRAM FOR SIX YEARS.

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

S. 582 -- Senator Setzler: A BILL TO PROVIDE FOR THE ELECTION OF ALL MEMBERS OF BOARDS OF TRUSTEES OF SCHOOL DISTRICTS WHO ARE ELECTED AND ALL MEMBERS OF THE GOVERNING BODIES OF MUNICIPALITIES IN NONPARTISAN ELECTIONS TO BE HELD ON THE SECOND TUESDAY IN APRIL OF EACH YEAR, TO PROVIDE FOR THE METHOD OF NOMINATION OF CANDIDATES AND CONDUCT OF THE ELECTION, AND TO EXTEND THE TERMS OF THOSE PERSONS AFFECTED BY THESE PROVISIONS.

Senator SETZLER spoke on the Bill.

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

S. 583 -- Senator Stilwell: 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 PROVIDE THAT GENETIC TESTING IS REQUIRED IN ALL CHILD SUPPORT CASES ADMINISTERED UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND DELETE LANGUAGE WHICH WOULD AUTHORIZE THE INDIVIDUAL INVOLVED IN THE TESTING NOT TO COOPERATE FOR GOOD CAUSE WHERE THE COURT DETERMINES THAT THE INDIVIDUAL HAS GOOD CAUSE FOR REFUSING TO SUBMIT TO GENETIC TESTING BECAUSE OF THE POTENTIAL FOR EMOTIONAL OR PHYSICAL HARM TO THE CHILD, TO THE CUSTODIAL PARENT WHERE THE HARM REDUCES THE PERSON'S ABILITY TO CARE FOR THE CHILD, TO THE PUTATIVE PARENT WHERE THE HARM OUTWEIGHS THE CHILD'S INTEREST IN PATERNITY DETERMINATION, OR THE POTENTIAL FOR VIOLATION OF AN OVERRIDING RELIGIOUS BELIEF OF EITHER THE CUSTODIAL OR THE PUTATIVE PARENT.

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

S. 584 -- Senators Washington and Matthews: A BILL TO AMEND SECTION 7-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO CHANGE FROM TWO TO FIVE THE NUMBER OF CONSECUTIVE STATEWIDE GENERAL ELECTIONS IN WHICH AN ELECTOR MUST FAIL TO VOTE BEFORE HIS NAME IS REMOVED FROM THE ROSTER OF NAMES OF ELECTORS WHO ARE REGISTERED TO VOTE.

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

S. 585 -- Senators J. Verne Smith, Hayes, Lourie, Wilson and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 50-21-112 AND 50-21-114 SO AS TO ESTABLISH AN OFFENSE FOR CAUSING INJURY, DEATH, OR PROPERTY DAMAGE TO ANOTHER WHILE OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, TO PROVIDE IMPLIED CONSENT TO TESTING OF BODY FLUIDS FOR ALCOHOL AND DRUGS BY OPERATORS OF WATERCRAFT, TO PROVIDE FOR TESTING PROCEDURES AND ASSESSMENT OF FEES, TO PROVIDE A SCHEDULE OF BLOOD ALCOHOL CONTENT THAT GIVES RISE TO CERTAIN INFERENCES AND PRESUMPTIONS OF OPERATING WATERCRAFT UNDER THE INFLUENCE, AND TO PROVIDE PENALTIES.

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

S. 586 -- Senator Martschink: A BILL TO AMEND SECTION 5-3-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ALTERNATE METHOD OF ANNEXATION WHEN THE ENTIRE AREA TO BE ANNEXED IS OWNED BY AN ANNEXING MUNICIPALITY OR COUNTY, SO AS TO PROHIBIT THE ANNEXATION OF TERRITORY CREATED BY DREDGING SUBMERGED LANDS BELOW THE MEAN HIGH-WATER MARK.

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

S. 587 -- Senator Wilson: A BILL TO AMEND SECTIONS 16-23-210 AND 23-31-310, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF FIREARMS AND FIREARM OFFENSES, SO AS TO REVISE THE DEFINITION OF "MILITARY FIREARM" SO THAT THE DEFINITION INCLUDES ONLY ENUMERATED DESTRUCTIVE DEVICES.

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

S. 588 -- Senator Drummond: A BILL TO AMEND SECTION 40-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE FITTING AND SELLING OF HEARING AIDS ACT, SO AS TO REVISE THE DEFINITION FOR AUDIOLOGIST; TO AMEND SECTION 40-25-30, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR REFUNDS AND ESTABLISHMENT OF LICENSING FEES; TO AMEND SECTION 40-25-40, RELATING TO THE COMMISSION OF HEARING AID DEALERS AND FITTERS, SO AS TO PROVIDE FOR MILEAGE AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 40-25-60, RELATING TO LICENSES, SO AS TO DELETE THE FILING REQUIREMENTS FOR CORPORATIONS, PARTNERSHIPS, TRUSTS, AND ASSOCIATIONS; TO AMEND SECTION 40-25-70, RELATING TO DUTIES OF LICENSEES, SO AS TO DELETE THE PROVISIONS PERTAINING TO THE EXAMINATION OF CHILDREN TWELVE YEARS OF AGE, REQUIRE MEDICAL EVALUATIONS, AND PROVIDE FOR WAIVERS; TO AMEND SECTION 40-25-100, RELATING TO THE ISSUANCE OF LICENSES AND, FOR PERSONS LICENSED IN ANOTHER STATE, OF CERTIFICATES OF ENDORSEMENT, SO AS TO PROVIDE FOR FEES TO BE SET BY REGULATION AND DELETE THE REQUIREMENTS FOR CHARACTER AND HEALTH; TO AMEND SECTION 40-25-110, RELATING TO QUALIFICATIONS OF APPLICANTS FOR EXAMINATIONS, SO AS TO DELETE OBSOLETE LANGUAGE, CHANGE THE AGE REQUIREMENT FROM TWENTY-ONE TO EIGHTEEN YEARS, DELETE THE HEALTH REQUIREMENT, PROVIDE FOR LICENSING OF AUDIOLOGISTS, AND PROVIDE FOR APPEALS; TO AMEND SECTION 40-25-120, RELATING TO TEMPORARY PERMITS, SO AS TO DELETE THE CHARACTER AND HEALTH REQUIREMENTS AND PROVIDE FOR FEES TO BE SET BY REGULATION; TO AMEND SECTION 40-25-150, RELATING TO RENEWAL AND DISPLAY OF LICENSES AND CONTINUING EDUCATION, SO AS TO PROVIDE FOR FEES TO BE SET BY REGULATION; TO AMEND SECTION 40-25-160, RELATING TO COMPLAINTS AGAINST LICENSEES AND SUSPENSION AND REVOCATION OF LICENSES, SO AS TO INCREASE THE TIME FOR SERVICE OF A COMPLAINT BEFORE A HEARING FROM TWENTY TO THIRTY DAYS AND PROVIDE FOR REFUNDS; AND TO REAUTHORIZE THE EXISTENCE OF THE COMMISSION FOR HEARING AID DEALERS AND FITTERS FOR SIX YEARS.

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

S. 589 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 26 TO TITLE 38 SO AS TO PROVIDE FOR THE ADMINISTRATIVE SUPERVISION OF INSURERS ACT; TO AMEND THE 1976 CODE BY ADDING SECTION 38-27-100 SO AS TO PROVIDE FOR THE CONDUCT OF INSURANCE PROCEEDINGS BEGUN BEFORE THE EFFECTIVE DATE OF THE INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION ACT; TO AMEND THE 1976 CODE BY ADDING SECTION 38-27-110 SO AS TO PROVIDE FOR PAYMENTS TO A GUARANTY ASSOCIATION WHEN AN INSURER IS SUBJECT TO A DELINQUENCY PROCEEDING; TO AMEND SECTION 38-27-10, RELATING TO THE CITE FOR THE "INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION ACT", SO AS TO DELETE "SUPERVISION"; TO AMEND SECTION 38-27-40, RELATING TO APPLICATION OF THE ACT, SO AS TO ADD PREPAID HEALTH CARE DELIVERY PLANS; TO AMEND SECTIONS 38-27-50, 38-27-230, AND 38-27-310, RELATING TO DEFINITIONS, HEARINGS, AND REHABILITATION UNDER THE ACT, SO AS TO DELETE THE REFERENCES TO "VALID" AS IT APPLIES TO "ORDER" AND SECTION 38-27-210, INSURANCE COMMISSIONER'S ORDERS AND SUPERVISION; TO AMEND SECTION 38-27-370, RELATING TO ORDERS TO LIQUIDATE AN INSURER, SO AS TO PROVIDE FOR A PLAN FOR THE CONTINUED PERFORMANCE OF A DEFENDANT COMPANY'S POLICY CLAIMS OBLIGATIONS DURING THE PENDENCY OF AN APPEAL; TO AMEND SECTION 38-27-400, RELATING TO THE POWERS OF A LIQUIDATOR, SO AS TO AUTHORIZE THE AUDIT OF THE BOOKS AND RECORDS OF AGENTS OF THE INSURER AND PROVIDE THAT A LIQUIDATOR IS NOT OBLIGATED TO DEFEND OR CONTINUE TO DEFEND CLAIMS AFTER THE ENTRY OF A LIQUIDATION ORDER; TO AMEND SECTION 38-27-610, RELATING TO THE PRIORITY OF DISTRIBUTION OF CLAIMS FROM AN INSURER'S ESTATE, SO AS TO INCLUDE IN CLASS 3 CLAIMS OF FEDERAL, STATE, AND LOCAL GOVERNMENTS FOR LOSSES INCURRED, "LOSS CLAIMS", AND TO EXCLUDE THOSE CLAIMS FROM CLASS 5; TO AMEND SECTION 38-27-950, RELATING TO PROCEEDINGS INSTITUTED BY THE INSURANCE COMMISSIONER, SO AS TO DELETE THE REFERENCE TO SECTION 38-27-210, ORDERS AND SUPERVISION; AND TO REPEAL SECTION 38-27-210 RELATING TO THE INSURANCE COMMISSIONER'S ORDERS AND SUPERVISION.

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

S. 590 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-21-125 SO AS TO PROVIDE FOR ACQUISITIONS OF INSURERS NOT COVERED BY THE INSURANCE HOLDING COMPANY REGULATORY ACT; TO AMEND SECTION 38-21-90, RELATING TO THE INSURANCE COMMISSIONER'S APPROVAL OF AN ACQUISITION OF CONTROL OF AN INSURER, SO AS TO PROVIDE FOR APPLICATION OF THE COMPETITIVE STANDARD; TO AMEND SECTION 38-21-140, RELATING TO THE CONTENT OF INSURANCE REGISTRATION STATEMENTS SO AS TO INCLUDE A PLEDGE OF THE INSURER'S STOCK FOR A LOAN MADE TO A MEMBER OF THE INSURANCE HOLDING COMPANY SYSTEM; AND TO AMEND SECTION 38-21-270, RELATING TO NOTICE AND APPROVAL OF EXTRAORDINARY DIVIDENDS AND DISTRIBUTIONS BY INSURERS, SO AS TO REVISE THE DETERMINATION OF AN EXTRAORDINARY DIVIDEND AND DISTRIBUTION.

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

S. 591 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-87-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OUT-OF-STATE CHARTERED RISK RETENTION GROUPS, SO AS TO PROVIDE FOR THE EXAMINATION REGARDING FINANCIAL CONDITION TO BE CONDUCTED IN ACCORDANCE WITH THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS' EXAMINER'S HANDBOOK INSTEAD OF THE STANDARDS AND PROCEDURES APPLICABLE TO EXAMINATIONS OF ADMITTED INSURERS; AND TO AMEND SECTION 38-87-90, RELATING TO THE PURCHASE OF LIABILITY INSURANCE FROM A NONSTATE APPROVED SURPLUS LINES INSURER, SO AS TO PROVIDE THE CONDITIONS UNDER WHICH INSURANCE MAY BE PURCHASED FROM A RISK RETENTION GROUP NOT CHARTERED OR AN INSURER NOT ADMITTED IN THE STATE.

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

S. 592 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-9-200, 38-9-210, AND 38-9-220 SO AS TO PROVIDE REINSURANCE CREDITS AND LIABILITY REDUCTIONS ALLOWED FOR DOMESTIC CEDED INSURERS AND TO DEFINE TERMS; TO AMEND SECTION 38-9-170, RELATING TO UNEARNED PREMIUM RESERVES OF INSURERS, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH DEDUCTIONS MAY BE MADE FROM RESERVES; AND TO AMEND SECTION 38-9-190, RELATING TO LOSS AND CLAIM RESERVES OF INSURERS, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH CREDIT FOR REINSURANCE IS ALLOWED AS AN ASSET OR A DEDUCTION FROM RESERVES.

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

S. 593 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVOCATION AND SUSPENSION OF INSURANCE CERTIFICATES OF AUTHORITY, SO AS TO PROVIDE STANDARDS FOR DETERMINING HAZARDOUS INSURANCE PROCEEDINGS AND TO AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO TAKE ACTION WHEN AN INSURER IS IN AN UNSOUND OR A HAZARDOUS CONDITION.

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

S. 594 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGISLATIVE INTENT PERTAINING TO INVESTMENTS BY INSURERS, SO AS TO ESTABLISH STANDARDS FOR THE DEVELOPMENT AND ADMINISTRATION OF INVESTMENTS; AND SECTION 38-11-50, RELATING TO LIMITATIONS ON THE INVESTMENTS, SO AS TO PROVIDE FOR THE VALUATION OF INVESTMENTS AND PROMULGATION OF RELATED REGULATIONS.

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

S. 595 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-55-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATION OF RISK BY INSURERS, SO AS TO APPLY THE LIMITATION TO CAPTIVES AND DEFINE THE TERM.

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

S. 596 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATIONS AND STANDARDS (CRITERIA FOR TOXIC SUBSTANCES TO PROTECT HUMAN HEALTH), DESIGNATED AS REGULATION DOCUMENT NUMBER 1313, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 597 -- Senator Bryan: A BILL TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO PROVIDE THAT THE PRECINCT LINES ARE THOSE AS SHOWN ON THE OFFICIAL MAP DATED JANUARY 31, 1991.

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

On motion of Senator BRYAN, S. 597 was ordered to receive a second reading on Wednesday, February 6, 1991.

H. 3026 -- Rep. Gentry: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 50-21-112, 50-21-114, AND 50-21-116 SO AS TO ESTABLISH THE OFFENSE OF BOATING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND PROVIDE A SCHEDULE OF BLOOD ALCOHOL CONTENT THAT GIVES RISE TO PRESUMPTIONS AND INFERENCES OF OPERATING A WATERCRAFT UNDER THE INFLUENCE, TO PROVIDE IMPLIED CONSENT BY OPERATORS OF WATERCRAFT TO TESTING OF BODILY FLUIDS FOR ALCOHOL AND DRUGS, AND TO PROVIDE FOR THE TESTING PROCEDURE AND PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-110, RELATING TO RECKLESS OPERATION OF WATERCRAFT, SO AS TO DELETE PROVISIONS RELATING TO OPERATING WATERCRAFT WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 50-21-150, RELATING TO THE PUNISHMENT FOR OPERATING WATERCRAFT RECKLESSLY OR UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO DELETE THE PROVISION WHICH PROVIDES A PENALTY FOR VIOLATING SECTION 50-21-110.

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

H. 3031 -- Reps. P. Harris, Carnell, J. Harris, Mattos, Wilder, Baxley and McAbee: A BILL TO AMEND SECTION 1-11-144, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH AND DENTAL INSURANCE COVERAGE FOR REGIONAL TOURISM PROMOTION COMMISSIONS, SO AS TO DELETE THE REQUIREMENT THAT THE COVERAGE IS PROVIDED THROUGH THE RETIREMENT SYSTEM AND TO PROVIDE FOR COVERAGE FOR COUNTY MENTAL RETARDATION BOARDS FUNDED BY THE STATE MENTAL RETARDATION DEPARTMENT.

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

H. 3040 -- Rep. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-230 SO AS TO REQUIRE LICENSED HEALTH CARE PROVIDERS TO PROVIDE NOTIFICATION OF THEIR PROCEDURES FOR FILING CLAIMS, REQUIRE CERTAIN ORGANIZATIONS PROVIDING HEALTH CARE TO ACCEPT STANDARDIZED CLAIM FORMS, PROVIDE THAT A DEBTOR MUST BE NOTIFIED BY MAIL OF THE CREDITOR'S INTENTIONS OF SUBMITTING A DEBT TO A CREDIT BUREAU OR CREDIT REPORTING AGENCY, AND PROVIDE A PENALTY FOR VIOLATION.

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

H. 3044 -- Reps. P. Harris, Waldrop and Whipper: A BILL TO AMEND SECTION 12-7-1235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE INCOME TAX CREDIT FOR PAYMENTS BY THE TAXPAYER TO INSTITUTIONS PROVIDING SKILLED OR INTERMEDIATE CARE, SO AS TO CHANGE THE REFERENCE TO SKILLED OR INTERMEDIATE CARE TO NURSING FACILITY LEVEL OF CARE AND TO EXTEND THE CREDIT TO PAYMENTS FOR IN-HOME OR COMMUNITY CARE FOR PERSONS DETERMINED TO MEET NURSING FACILITY LEVEL OF CARE CRITERIA AS CERTIFIED BY A LICENSED PHYSICIAN.

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

H. 3045 -- Reps. P. Harris and Waldrop: A BILL TO AMEND SECTION 43-21-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LONG-TERM CARE COUNCIL, SO AS TO REVISE THE MEMBERS, PROVIDE FOR THE AUTHORIZATION OF DESIGNEES, AND DELETE REPORTS ON THE IMPLEMENTATION STATUS OF PAST COUNCIL RECOMMENDATIONS.

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

H. 3071 -- Reps. Whipper, Waites, Corning and Manly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-615 SO AS TO INCLUDE WITHIN THE DEFINITION OF SEXUAL BATTERY THE OFFENSE OF SPOUSAL SEXUAL BATTERY AND TO PROVIDE A PENALTY FOR VIOLATION, TO PROVIDE THAT THE OFFENDING SPOUSE'S CONDUCT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES WITHIN FORTY-FIVE DAYS AND A CHARGE MADE IN ORDER FOR THAT SPOUSE TO BE PROSECUTED FOR THIS OFFENSE, AND TO PROVIDE FOR THE ADMISSIBILITY OF MATTERS OF CONTROVERSY BETWEEN THE SPOUSES UNDER THE PROVISIONS OF SECTION 16-3-659.1; AND TO AMEND SECTION 16-3-658, RELATING TO CRIMINAL SEXUAL CONDUCT WHEN THE VICTIM IS A LEGAL SPOUSE, SO AS TO PROVIDE THAT A PERSON CANNOT BE GUILTY OF CRIMINAL SEXUAL CONDUCT IF THE VICTIM IS HIS LEGAL SPOUSE UNLESS THE COUPLE IS LIVING APART RATHER THAN LIVING APART BY REASON OF A COURT ORDER AND PROVIDE THAT THE ACTOR'S CONDUCT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES WITHIN FORTY-FIVE DAYS IN ORDER FOR A PERSON TO BE PROSECUTED.

Senator FIELDING spoke on the Bill.

Senator FIELDING asked unanimous consent to make a motion that the Bill be placed on the Calendar without reference.

Senator McCONNELL objected.

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

H. 3072 -- Reps. P. Harris, Carnell, J. Harris, Waites, Mattos and Whipper: A BILL TO AMEND SECTION 44-17-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY ADMISSION TO MENTAL HEALTH FACILITIES, SO AS TO DECREASE THE TIME REQUIRED FOR A COURT REPORT AND HEARING ON AN EMERGENCY ADMISSION.

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

H. 3125 -- Reps. Harvin, Rama and Wilkes: A BILL TO AMEND SECTION 11-35-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM PURCHASING PROCEDURES UNDER THE PROCUREMENT CODE, SO AS TO PROVIDE THAT GOVERNMENTAL BODIES EXEMPTED FROM THE PURCHASING PROCEDURES SHALL PURCHASE SOUTH CAROLINA PRODUCED AND PROCESSED PRODUCTS WHENEVER FEASIBLE AND IF THEY CHOOSE TO USE BIDDING PROCEDURES GOVERNED BY THE PROCUREMENT CODE THAT THE PROVISIONS OF SECTION 11-35-1520(9) APPLY IF THERE ARE TIE BIDS OR BIDS BY SOUTH CAROLINA VENDORS WHICH ARE WITHIN PERCENTAGES OF THE HIGH BID.

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

H. 3289 -- Rep. J. Bailey: A BILL TO AMEND SECTION 51-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE OLD EXCHANGE BUILDING COMMISSION, SO AS TO PROVIDE A PROCESS FOR FILLING VACANCIES.

Read the first time and referred to the General Committee.

H. 3429 -- Rep. Farr: A CONCURRENT RESOLUTION EXTENDING HEARTIEST CONGRATULATIONS TO MRS. ANNIE BELL STONE OF UNION COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY.

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

H. 3430 -- Reps. Foster, Meacham, Hayes, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, Boan, G. Brown, H. Brown, J. Brown, Bruce, Burch, Burriss, Carnell, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Cromer, Derrick, D. Elliott, L. Elliott, Faber, Fair, Farr, Felder, Fulmer, Gentry, Glover, Gonzales, Gregory, Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hendricks, Hodges, Holt, Houck, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Keegan, Keesley, Kempe, Keyserling, Kinon, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McAbee, McBride, McCain, McCraw, McElveen, McGinnis, McKay, McLeod, McTeer, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Rogers, Ross, Rudnick, Scott, Sharpe, Sheheen, Shirley, Short, Smith, Snow, Stoddard, Sturkie, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. YETTA KIRSH OF YORK COUNTY WHO DIED ON MONDAY, JANUARY 21, 1991.

Whereas, the members of the General Assembly were saddened to learn of the death of Mrs. Yetta Kirsh, mother of our beloved colleague, The Honorable Herbert Kirsh, of York County on Monday, January 21, 1991; and

Whereas, Mrs. Kirsh was a familiar face around the Town of Clover; and

Whereas, Yetta Kirsh, along with her late husband, Isadore, worked tirelessly to establish Kirsh Department Store which is one of the oldest establishments in the Town of York; and

Whereas, Mrs. Kirsh instilled into her children the fiscal philosophy that one should always live within one's means; and

Whereas, Mrs. Kirsh will be sorely missed by all with whom she came in contact. Now, therefore,

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

That the members of the General Assembly wish to express their sympathy to the family and friends of Mrs. Yetta Kirsh of York County who died on Monday, January 21, 1991.

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

H. 3431 -- Reps. T. Rogers, J. Brown, Burriss, Corning, Cromer, Faber, McBride, Quinn, Scott, Waites and Rudnick: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF FORMER REPRESENTATIVE ERNIE NUNNERY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

Senator LOURIE, from the Committee on Transportation, submitted a favorable with amendment report on:

S. 146 -- Senator Land: A BILL TO AMEND SECTION 56-5-5150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SAFETY DEVICES WHEN VEHICLES ARE TOWED, SO AS TO EXEMPT FARM WAGONS, TRAILERS, AND OTHER IMPLEMENTS OF HUSBANDRY.

Ordered for consideration tomorrow.

Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:

S. 206 -- Senator Setzler: A BILL TO AMEND SECTION 12-31-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION CARDS AND IDENTIFICATION MARKERS FOR MOTOR CARRIERS OPERATING MOTOR VEHICLES IN THIS STATE FOR PURPOSES OF THE ROAD TAX, SO AS TO REDUCE FROM FIFTY-FIVE PERCENT TO THIRTY PERCENT THE AMOUNT OF THE ANNUAL REGISTRATION FEE CREDITED TO THE STATE HIGHWAY FUND.

Ordered for consideration tomorrow.

Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:

S. 236 -- Senators Rose and Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 43 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR RETIRED MEMBERS OF THE UNITED STATES ARMED FORCES AND TO PROVIDE A PENALTY FOR A PERSON WHO COMMITS FRAUD IN THE APPLICATION FOR OR USE OF THE PLATE.

Ordered for consideration tomorrow.

Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable report on:

S. 248 -- Senator Martschink: A BILL TO AMEND SECTION 48-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERS OF THE LOW COUNTRY RESOURCES, CONSERVATION, AND DEVELOPMENT AUTHORITY, SO AS TO CORRECT THE REFERENCE TO THE NUMBER OF MEMBERS AND DELETE THE REFERENCES TO THE INITIAL APPOINTEES AND ORGANIZATIONAL MEETING.

Ordered for consideration tomorrow.

Senator WADDELL, from the Committee on Finance, submitted a majority favorable with amendment and Senator SHEALY a minority unfavorable report on:

S. 249 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE IN THE CASE OF TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND, TO PROVIDE THAT THE TEN ACRE REQUIREMENT DOES NOT APPLY IF THERE IS AT LEAST ONE THOUSAND DOLLARS OF GROSS FARM INCOME FOR AT LEAST THREE OF THE FIVE TAXABLE YEARS PRECEDING THE APPLICATION FOR AGRICULTURAL USE, TO MAKE NEW OWNERS OF LESS THAN TEN ACRES ELIGIBLE FOR AGRICULTURAL USE SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATION, TO AUTHORIZE THE ASSESSOR TO OBTAIN TAX INFORMATION AND THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE FARM IDENTIFICATION NUMBER TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT IN THE CASE OF LEASE OPERATIONS, THE LESSOR OR LESSEE SHALL MEET THE REQUIREMENTS, AND TO REQUIRE APPLICANTS FOR AGRICULTURAL USE OR THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS TO CERTIFY THAT THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL TO MAKE A FALSE STATEMENT ON AN APPLICATION FOR AGRICULTURAL USE AND THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS AND PROVIDE A PENALTY; AND TO EXEMPT FROM THE ROLLBACK TAX LANDOWNERS MADE INELIGIBLE FOR AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.

Ordered for consideration tomorrow.

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

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

S. 496 -- Senators Bryan and O'Dell: A BILL TO AMEND ACT 389 OF 1955, AS AMENDED, RELATING TO THE PIEDMONT SEWER, LIGHT AND FIRE DISTRICT IN ANDERSON AND GREENVILLE COUNTIES, SO AS TO AUTHORIZE THE DISTRICT TO OWN AND OPERATE RECREATIONAL FACILITIES AND TO LIMIT THE EXPENDITURE OF TAX REVENUES OF THE DISTRICT WITH RESPECT TO RECREATIONAL NEEDS.

S. 263 -- Senator Nell W. Smith: A BILL TO AMEND SECTION 20-7-1780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADOPTION HEARINGS AND RECORDS, SO AS TO PROHIBIT THE RELEASE OF IDENTIFYING INFORMATION PERTAINING TO AN ADOPTION AND TO PROVIDE PENALTIES FOR VIOLATIONS.

S. 273 -- Senators J. Verne Smith and Giese: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION AND ASSESSMENT RATIOS OF PROPERTY FOR AD VALOREM TAXATION, SO AS TO PROVIDE THAT THE APPLICATION REQUIRED TO OBTAIN THE FOUR PERCENT ASSESSMENT RATIO FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY MAY BE FILED AT ANY TIME ON OR BEFORE THE FIRST PENALTY DATE FOR TAXES ON THE PROPERTY FOR THE YEAR IN WHICH THE SPECIAL ASSESSMENT RATIO FIRST APPLIES.

S. 317 -- Senators Lourie, Giese and Passailaigue: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO DELETE THE PROVISION THAT EACH OWNER OF A PART OF THE FEE OR LIFE ESTATE OWNS EQUAL INTEREST IN THE HOMESTEAD.

S. 318 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-460 SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO PROMULGATE REGULATIONS WHICH WOULD ESTABLISH A PROCEDURE FOR THE ELECTRONIC TRANSMISSION OF AN ABSENTEE BALLOT.

S. 353 -- Senators Giese and Rose: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD PROPERTY TAX EXEMPTION, SO AS TO DELETE THE DATE BY WHICH LIFE ESTATES CREATED OTHER THAN BY WILL ARE OTHERWISE ELIGIBLE FOR THE EXEMPTION.

S. 420 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO DELETE OBSOLETE LANGUAGE WITH RESPECT TO THE EXEMPTION FOR INVENTORIES AND CLARIFY THAT THE EXEMPTION APPLIES TO ALL INVENTORIES.

S. 574 -- Senators McGill and Hinds: A BILL TO AMEND ARTICLE 12, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-2415, SO AS TO PERMIT RUBBER PADDED STEEL FOOT-HOLD TRAPS TO BE USED IN GAME ZONE 9 TO CAPTURE FOX.

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

S. 547 -- Senator Land: A BILL TO DESIGNATE A ROAD IN CLARENDON COUNTY AS W. L. HAMILTON ROAD.

On motion of Senator LAND, S. 547 was ordered to receive a third reading on Wednesday, February 6, 1991.

S. 283 -- Senator Hinds: A BILL TO AMEND SECTION 6-7-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR ENACTING OR AMENDING ZONING REGULATIONS OR MAPS, SO AS TO MAKE ZONING ORDINANCES SUBJECT TO THE PROCEDURES, TO PROVIDE THAT THE PLANNING COMMISSION HAS FORTY-FIVE RATHER THAN THIRTY DAYS TO SUBMIT ITS REPORT TO THE GOVERNING AUTHORITY AND FAILURE TO SUBMIT ITS REPORT WITHIN FORTY-FIVE DAYS IS DEEMED APPROVAL OF THE CHANGES, AND TO PROVIDE THAT NO SUIT MAY BE BROUGHT TO CHALLENGE THE VALIDITY OF A ZONING ORDINANCE, RESOLUTION, OR MAP, OR AMENDMENTS TO ANY OF THEM EXCEPT ON THE GROUNDS OF ADEQUACY OF NOTICE UNLESS THE CONTESTANT FILES A NOTICE OF INTENT TO CONTEST WITH THE GOVERNING BODY WITHIN THIRTY DAYS AFTER ITS FINAL ACTION ON THE MATTER AND ACTUALLY COMMENCES THE ACTION WITHIN NINETY DAYS OF FILING THE NOTICE OF INTENT TO CONTEST.

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

The amendment proposed by the Committee on Judiciary (JUD283.1) was adopted as follows:

Amend the bill, as and if amended, page 2, line 37, in Section 6-7-730, as contained in SECTION 1, by striking /ninety/ and inserting /sixty/ .

Amend title to conform.

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

S. 165 -- Senator Pope: A BILL TO AMEND SECTION 33-14-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REINSTATEMENT OF A CORPORATION FOLLOWING ADMINISTRATIVE DISSOLUTION, SO AS TO PROVIDE THAT A CORPORATION MAY APPLY TO THE SECRETARY OF STATE FOR REINSTATEMENT AT ANY TIME AFTER THE EFFECTIVE DATE OF DISSOLUTION, RATHER THAN "WITHIN TWO YEARS" AFTER THE EFFECTIVE DATE OF DISSOLUTION; AND TO PROVIDE THAT THIS CHANGE IS APPLICABLE TO ALL CORPORATIONS IN A STATE OF DISSOLUTION AT THE TIME THIS ACT BECOMES EFFECTIVE, REGARDLESS OF THE EFFECTIVE DATE OF DISSOLUTION.

(On motion of Senator POPE, carried over)

S. 558 -- Finance Committee: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTERS 2 AND 4 SO AS TO REVISE AND CONSOLIDATE PROVISIONS RELATING TO TAXES AND THE SOUTH CAROLINA TAX COMMISSION AND TO DELETE OBSOLETE PROVISIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-54-227, 11-5-260, AND 11-5-270 SO AS TO PROVIDE FOR THE COLLECTION OF TAXES FROM OUT-OF-STATE TAXPAYERS AND TO MOVE PROVISIONS RELATING TO THE DISTRIBUTION OF TAX REVENUES DEDICATED TO AID TO SUBDIVISIONS FROM TITLE 12 TO THE CHAPTER DEALING WITH THE DUTIES OF THE STATE TREASURER; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO CONFIDENTIALITY OF TAX RETURNS, SO AS TO CONSOLIDATE EXISTING CONFIDENTIALITY REQUIREMENTS; AND TO REPEAL CHAPTERS 1 AND 3 OF TITLE 12 AND SECTION 12-7-60 OF THE 1976 CODE RELATING TO THE SOUTH CAROLINA TAX COMMISSION AND TO THE BOND REQUIRED FOR ITS OFFICERS, AGENTS, AND EMPLOYEES.

(On motion of Senator LEATHERMAN, carried over)

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

S. 362 -- Senators Holland, Moore, Matthews and Wilson: A BILL TO AMEND SECTIONS 7-13-35, AS AMENDED, 7-13-40, AS AMENDED, 7-13-50, AS AMENDED, 7-13-60, 7-13-70, AS AMENDED, 7-13-610, 7-13-830, AS AMENDED, 7-15-420, AS AMENDED, 7-15-450, 7-17-510, 7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-560, 7-17-570, AND 7-25-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE RESPECTIVE COUNTY ELECTION COMMISSIONS, PROVIDE FOR HEARING AND DECIDING PROTESTS AND CONTESTS THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE HOUSE OF REPRESENTATIVES AT THE STATE LEVEL RATHER THAN AT THE COUNTY LEVEL, DELETE CERTAIN PROVISIONS OF LAW, AND CHANGE CERTAIN PROVISIONS REGARDING THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION; TO AMEND ARTICLE 5, CHAPTER 13, TITLE 7, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF EVERY "OFFICIAL COUNTY BALLOT" AND OF EVERY "OFFICIAL STATE BALLOT"; TO PROVIDE THAT NOTHING IN THIS ACT OR ANY OTHER PROVISION OF LAW MAY BE CONSTRUED AS PROHIBITING POLITICAL PARTIES FROM CONDUCTING PRESIDENTIAL PREFERENCE PRIMARIES; TO PROVIDE THAT, IN THE CASE OF ANY COUNTY WHICH OPERATES ITS ELECTIONS THROUGH AN ELECTION AND REGISTRATION COMMISSION COMPOSED OF SEVEN MEMBERS, THE STRUCTURE AND COMPOSITION ARE NOT AFFECTED OR CHANGED BY THE PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 7-9-110, RELATING TO PERMITTING COUNTY POLITICAL PARTY COMMITTEES TO ESTABLISH A COUNTY PARTY ELECTION COMMISSION FOR CERTAIN PURPOSES, AND 7-13-90, RELATING TO THE APPOINTMENT OF MANAGERS OF PRIMARIES; AND TO PROVIDE THAT CERTAIN PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE COUNTY ELECTION COMMISSIONS ON THE SECOND TUESDAY IN JUNE OF EACH GENERAL ELECTION YEAR.

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

Senator STILWELL proposed the following amendment (JUD362.5), which was carried over:

Amend the committee report, as and if amended, page ii, line 15, in Section 7-13-40, as contained in SECTION 2, by striking /second/ and inserting /second last/ and by striking /June/ and inserting /June August/ .

Amend the committee report, as and if amended, page iv, line 16, in Section 7-13-70, as contained in SECTION 5, by striking /second Tuesday in June/ and inserting /last Tuesday in August/ .

Amend the committee report further, as and if amended, by striking SECTION 16 in its entirety and inserting therein:

/SECTION 16. Except for municipal primaries, all primaries for national offices, excluding the office of president, and all primaries for state offices, offices including more than one county, and countywide and less than countywide offices, specifically including, but not limited to, all school boards and school trustees, special purpose district offices, which include, but are not limited to, water, sewer, fire, soil conservation, and other similar district offices, must be conducted by the State Election Commission and the county election commissions on the last Tuesday in August of each general election year./

Amend title to conform.

Senator HOLLAND explained the amendment.

On motion of Senator LOURIE, with unanimous consent, the amendment was carried over.

Senator HOLLAND asked unanimous consent to make a motion that the amendment proposed by the Committee on Judiciary be adopted.

Senator SHEALY objected.

Senator HOLLAND continued speaking on the Bill.

On motion of Senator HOLLAND, the amendment proposed by the Committee on Judiciary was carried over.

On motion of Senator HOLLAND, with unanimous consent, the Bill retained its place on the Calendar in the status of Interrupted Debate.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

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

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

S. 414 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-1-220 SO AS TO AUTHORIZE THE SOUTH CAROLINA TAX COMMISSION, COUNTY AUDITORS, ASSESSORS, AND COUNTY BOARDS OF TAX APPEALS, WHERE NOT PROHIBITED BY RULE OF THE SOUTH CAROLINA SUPREME COURT, TO PREPARE AND PRESENT CASES OR APPOINT THEIR EMPLOYEES TO PREPARE AND PRESENT CASES IN ADMINISTRATIVE PROCEEDINGS, TO PROVIDE THAT A TAXPAYER MAY AUTHORIZE ATTORNEYS, CERTIFIED PUBLIC ACCOUNTANTS, APPRAISERS, OR OTHERS TO SPEAK FOR HIM IN ADMINISTRATIVE TAX PROCEEDINGS, TO REQUIRE THE TAXPAYER TO BE PRESENT AT ADMINISTRATIVE TAX PROCEEDINGS EXCEPT WHERE THE TAXPAYER HAS FILED A VALID POWER OF ATTORNEY NAMING AN ATTORNEY OR CERTIFIED PUBLIC ACCOUNTANT AS HIS REPRESENTATIVE, AND TO REQUIRE CORRESPONDENCE AND NOTICES TO BE SENT TO THE TAXPAYERS EXCEPT WHEN HE IS REPRESENTED BY AN ATTORNEY OR CERTIFIED PUBLIC ACCOUNTANT FOR WHOM THE TAXPAYER HAS FILED A POWER OF ATTORNEY.

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

On motion of Senator MACAULAY, with unanimous consent, the Bill was carried over.

S. 362 -- Senators Holland, Moore, Matthews and Wilson: A BILL TO AMEND SECTIONS 7-13-35, AS AMENDED, 7-13-40, AS AMENDED, 7-13-50, AS AMENDED, 7-13-60, 7-13-70, AS AMENDED, 7-13-610, 7-13-830, AS AMENDED, 7-15-420, AS AMENDED, 7-15-450, 7-17-510, 7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-560, 7-17-570, AND 7-25-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE RESPECTIVE COUNTY ELECTION COMMISSIONS, PROVIDE FOR HEARING AND DECIDING PROTESTS AND CONTESTS THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE HOUSE OF REPRESENTATIVES AT THE STATE LEVEL RATHER THAN AT THE COUNTY LEVEL, DELETE CERTAIN PROVISIONS OF LAW, AND CHANGE CERTAIN PROVISIONS REGARDING THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION; TO AMEND ARTICLE 5, CHAPTER 13, TITLE 7, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF EVERY "OFFICIAL COUNTY BALLOT" AND OF EVERY "OFFICIAL STATE BALLOT"; TO PROVIDE THAT NOTHING IN THIS ACT OR ANY OTHER PROVISION OF LAW MAY BE CONSTRUED AS PROHIBITING POLITICAL PARTIES FROM CONDUCTING PRESIDENTIAL PREFERENCE PRIMARIES; TO PROVIDE THAT, IN THE CASE OF ANY COUNTY WHICH OPERATES ITS ELECTIONS THROUGH AN ELECTION AND REGISTRATION COMMISSION COMPOSED OF SEVEN MEMBERS, THE STRUCTURE AND COMPOSITION ARE NOT AFFECTED OR CHANGED BY THE PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 7-9-110, RELATING TO PERMITTING COUNTY POLITICAL PARTY COMMITTEES TO ESTABLISH A COUNTY PARTY ELECTION COMMISSION FOR CERTAIN PURPOSES, AND 7-13-90, RELATING TO THE APPOINTMENT OF MANAGERS OF PRIMARIES; AND TO PROVIDE THAT CERTAIN PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE COUNTY ELECTION COMMISSIONS ON THE SECOND TUESDAY IN JUNE OF EACH GENERAL ELECTION YEAR.

On motion of Senator HOLLAND, with unanimous consent, the Bill was taken up for immediate consideration. The question being the adoption of the amendment proposed by the Committee on Judiciary.

On motion of Senator HOLLAND, the amendment proposed by the Committee on Judiciary (JUD362.2) was adopted as follows:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 7-13-35 of the 1976 Code, as last amended by Act 357 of 1990, is further amended to read:

"Section 7-13-35. The authority charged by law with conducting an election shall publish two notices of general, special, and primary elections held in the county or municipality, except municipal elections, in a newspaper of general circulation in the county or municipality. Included in each notice must be a reminder of the last day persons may register to be eligible to vote in the election for which notice is given, notification of the date, time, and location of the hearing on ballots challenged in the election, a list of the precincts involved in the election, and the location of the polling places in each of the precincts, and notification that the process of examining the return-addressed envelopes containing absentee ballots will begin at 2:00 p.m. on election day. The first notice must appear not later than sixty days before the election and the second notice must appear not later than two weeks after the first notice."

SECTION 2. Section 7-13-40 of the 1976 Code, as last amended by Act 363 of 1988, is further amended to read:

"Section 7-13-40. In the event that a party shall nominate nominates candidates by party primary election, a party primary election must be held by the party and conducted by the State Election Commission and the respective county election commissions on the second Tuesday in June of each general election year and a second and third primary election each two weeks successively thereafter, if necessary. Certification of the names of all candidates to be placed on primary ballots must be made by the political party chairman, vice chairman, or secretary to the State Election Commission or the county election commission, whichever is responsible under law for preparing the ballot, not later than twelve o'clock noon on May first, or if May first falls on a Sunday, not later than twelve o'clock noon on the following Monday. The filing fees for candidates whose names are on ballots to be voted on in all primaries, except municipal primaries, must be transmitted by the respective political parties to the State Election Commission and placed by the executive director of the commission in a special account designated for use in conducting the primaries and must be used for that purpose. The filing fee for each office is one percent of the total salary for the term of that office or one hundred dollars, whichever amount is greater."

SECTION 3. Section 7-13-50 of the 1976 Code, as last amended by Act 364 of 1988, is further amended to read:

"Section 7-13-50. A second primary, when necessary, must be held two weeks after the first and is subject to the rules governing the first primary. At the second primary the two candidates among those who do not withdraw their candidacies and who received more votes in the first primary than any other remaining candidate alone shall run for any one office and if only one candidate remains, he is considered nominated, except that if there are two or more vacancies for any particular office, the number of candidates must be double the number of vacancies to be filled if so many candidates remain. In all second primaries the candidate receiving the largest number of votes cast for a given office must be declared the nominee for the office whether or not he has received a majority of the votes cast for that office, and when there are several candidates for several different offices, then the several candidates receiving the largest number of votes for the several positions are considered as nominated for the offices whether or not they received a majority of the votes cast. Other primaries, if necessary, must be ordered in a similar manner by the county chairman election commission or the state chairman State Election Commission, as appropriate."

SECTION 4. Section 7-13-60 of the 1976 Code is amended to read:

"Section 7-13-60. The polls must be opened at seven o'clock in the forenoon a.m. and close closed at seven o'clock in the afternoon p.m. of the day of election and must be held open during these hours without intermission or adjournment;. but the county committee may close any poll or all polls within any county in any primary election, at an earlier hour."

SECTION 5. Section 7-13-70 of the 1976 Code, as last amended by Act 497 of 1990, is further amended to read:

"Section 7-13-70. For the purpose of carrying on general or special elections provided for in Section 7-13-10, the Governor, at least ninety days before the election, shall appoint for each county not less than three nor more than five commissioners of election upon the recommendation of the Senator and at least half of the members of the House of Representatives from the respective counties. The Governor shall notify the State Election Commission in writing of the appointments. The State Election Commission shall verify that at least one of the appointees represents the largest political party and one represents the second largest political party as determined by the composition of that county's delegation in the General Assembly or the makeup of the General Assembly as a whole if the county's delegation is composed of only one party's members. The commissioners shall continue in office until their successors are appointed and qualified. For the general election held on the first Tuesday following the first Monday in November in each even-numbered year and for primary elections held on the second Tuesday in June of each general election year, the commissioners of election shall may appoint three managers of election for each polling place in the county for which they must respectively be appointed for each five hundred electors, or portion of each five hundred electors, registered to vote at the polling place. The commissioners shall also appoint from among the managers a clerk for each polling place in the county; and none of the officers may be removed from office except for incompetence or misconduct. For all other primaries, special, or municipal elections, the authority charged by law with conducting the primaries, special, or municipal elections shall appoint three managers of election for the first five hundred electors registered to vote in each precinct in the county, municipality, or other election district and one additional manager for each five hundred electors registered to vote in the precinct above the first five hundred electors. The authority responsible by law for conducting the election shall also appoint from among the managers a clerk for each polling place in a primary, special, or municipal election. After their appointment the commissioners, managers, and clerks shall take and subscribe, before any officer authorized to administer oaths, the following oath of office prescribed by Section 26 of Article III of the Constitution: `I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the United States. So help me God.'

It must be immediately filed in the office of the clerk of court of common pleas of the county in which the commissioners, managers, and clerks are appointed, or, if there is no clerk of court, in the office of the Secretary of State. Before opening the polls, the managers of election shall take and subscribe the oath provided for in Section 7-13-100. Upon the completion of the canvassing of votes, this oath must be filed with the commissioners of election along with the ballots from that election precinct."

SECTION 6. Section 7-13-610 of the 1976 Code is amended to read:

"Section 7-13-610. The State Election Commission and the respective county election commissions shall prepare separate ballots for each political party holding a primary. The ballots for each party shall must contain in print only the names of all the candidates who have filed to run in that particular party primary and shall must have a stub at the top perforated so as to be easily detached. On the stub shall must be printed `Official State (or County) Ballot, (name of party) Primary', Club No. the name of the county and the precinct, and the date of the primary. On the right side there shall must be a blank line under which shall must be printed `Initials of Issuing Officer'. The numbers shall run seriatim for each club Stubs on ballots for each precinct must be numbered consecutively, beginning with `No. 1'. The ballots shall must be furnished by the State committee Election Commission for all except members of the General Assembly, county officers, congressmen less than county officers, and circuit solicitors, for which the county committee election commission shall furnish the ballots. One ballot shall must contain the names of all persons running for State state and federal offices and United States Senator. The other ballot shall must contain the names of all persons running for the General Assembly, county offices, congressmen less than county officers, and solicitors.

All ballots Ballots furnished by the State committee Election Commission hereunder under this section shall must have marked thereon on them in plain type, both on the stub and on the ballot proper, the words `Official State Ballot'. and all ballots Ballots furnished by the county committee election commission hereunder under this section shall must have marked thereon on them in plain type, both on the stub and on the ballot proper, the words `Official County Ballot'.

The State ballot shall be printed on yellow paper and the boxes in which it is to be deposited shall be painted the same color. The county ballot shall be printed on plain white paper and the boxes in which it is to be deposited shall be painted white. The ballot must be printed on paper of a thickness so that the printing cannot be distinguished from the back and must be of a size and color as directed by the State Election Commission. If more than one ballot is to be used in a primary, each ballot must be printed on different colored paper.

The State Election Commission is hereby empowered to establish such rules and regulations as are necessary for the proper administration of this section."

SECTION 7. Article 5, Chapter 13, Title 7 of the 1976 Code is amended by adding:

"Section 7-13-611. The arrangement of each `Official County Ballot' for each primary, containing the names of candidates for office, must conform as nearly as practicable to the following plan and contain specified instructions and no others:

(NAME OF PARTY)

NO:
Initials of Issuing Officer

(DATE OF ELECTION)

(NAME OF PRECINCT)
-----------------------------------------------

(NAME OF PARTY)

, 19

(DATE OF ELECTION)

(NAME OF PRECINCT)

INSTRUCTIONS - Make a cross (X) in the voting square (/ /) opposite the name of each candidate on the ballot for whom you wish to vote. Before leaving the booth, fold the ballot so that the initials of the manager may be seen on the outside.

You may vote for one, less than one, but not more than one candidate.

SHERIFF / ONE SEAT TO FILL /
(Example)
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /

You may vote for three, less than three, but not more than three candidates.

COUNTY COUNCIL / THREE SEATS TO FILL /
(Example)
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /

Each `Official State Ballot' similarly must conform to the plan set forth in this section."

SECTION 8. Section 7-13-830 of the 1976 Code, as last amended by Act 472 of 1988, is further amended to read:

"Section 7-13-830. When any person is so challenged, the manager shall explain to him the qualifications of an elector and may examine his as to the same. If the person insists that he is qualified and the challenge is not withdrawn, his vote must be received and placed in an envelope on which must be written the name of the voter and that of the challenger. The challenged votes must be kept separate and apart and not counted but turned over to the commissioners of election or the county committee other authority having supervision of the election. At the meeting specified in either Section 7-17-10 or 7-17-510, whichever is applicable, this authority shall hear all objections to these votes, and when no person appears or offers evidence before the meeting to sustain an objection made at the polls, the ballot is no longer a challenged ballot. When the challenger appears or produces witnesses or evidence in support of the challenge, the committee authority in charge shall proceed to hear and determine the question. Its decision is final. Each ballot which is no longer challenged and each ballot whose challenge was decided in favor of the voter must be removed from the envelope, mingled, and counted and the totals added to the previously counted regular ballot total of all precincts without attribution to a particular precinct. If the voting at the voting place is being done upon a voting machine, the managers shall provide a paper ballot which must be placed in an envelope and treated as provided in this section.

Where, pursuant to Section 7-13-820, a person's name could not be verified by the registration board or where a telephone was not available and the person was allowed to vote a challenged ballot, the Board of Voter Registration, before the meeting, shall certify to the authority in charge whether or not the voter is a qualified elector of the precinct in which he voted his challenged ballot. If the board certifies the person challenged is not a qualified elector of the precinct, this certification is considered an administrative challenge and is clear and convincing evidence for the meeting authority to disallow the ballot. Nothing in this section prohibits the county election commission from continuing any challenge administratively as long as it has evidence to sustain the challenge."

SECTION 9. Section 7-15-420 of the 1976 Code, as last amended by Act 357 of 1990, is further amended to read:

"Section 7-15-420. The county election commission, municipal election commission, county committee for each political party, or executive committee of each municipal party in the case of municipal primary elections are responsible for the tabulation and reporting of absentee ballots. At 2:00 p.m. on election day, the managers appointed pursuant to Section 7-13-70, and in the presence of any watchers that have been appointed pursuant to Section 7-13-860, may begin the process of examining the return-addressed envelopes that have been received by the county registration board making certain that each oath has been properly signed and witnessed and includes the address of the witness. All return-addressed envelopes received by the county registration board before the time for closing the polls must be examined in this manner. No ballot may be counted unless the oath is properly signed and witnessed nor may any ballot be counted which is received by the county registration board after time for closing of the polls. The printed instructions required by item (2) of Section 7-15-370 to be sent each absentee ballot applicant must notify him that his vote will not be counted in either of these events. If a ballot is not challenged, the sealed return-addressed envelope must be opened by the managers, and the enclosed envelope marked `Ballot Herein' removed and placed in a locked box or boxes. After the polls close and all return-addressed envelopes have been emptied in this manner, the managers shall remove the ballots contained in the envelopes marked `Ballot Herein', placing each one in the ballot box provided for the applicable contest. When all absentee ballots have been placed in the ballot boxes, they must be tabulated and reported as a separate precinct in the same manner as other ballots of the county are counted on election day. The absentee voter precinct is a countywide precinct and a part of each election district in the county. If any ballot is challenged, the return-addressed envelope may not be opened, but must be put aside and the procedure set forth in Section 7-13-830 must be utilized; but the absentee voter must be given reasonable notice of the challenged ballot."

SECTION 10. Section 7-15-450 of the 1976 Code is amended to read:

"Section 7-15-450. This article shall apply applies to political parties holding conducting a primary and any other authorities conducting an election."

SECTION 11. Section 7-17-510 of the 1976 Code is amended to read:

"Section 7-17-510. The county committees shall assemble at their respective courthouses on the morning of the second day after the election at eleven in the forenoon to tabulate the returns and declare the results of the primary, so far as it relates to members of the General Assembly and county officers and shall forward immediately to the State chairman at Columbia the result of the election in their respective counties for United States Senator, State officers, congressmen and solicitors. The State committee shall proceed to canvass the vote and declare the result of the primary in the State as to such last named officers. The commissioners of election for the counties shall meet in a convenient place in the county seat on the Thursday next following the primary, before one o'clock p.m. of that day and shall organize as the county board of canvassers for primaries. They may appoint a competent person as secretary. The chairman shall administer the constitutional oath to each member of the board and to the secretary. The secretary shall administer to the chairman the same oath. Each county board of canvassers for primaries shall canvass the votes of the county and declare the results. The county board of canvassers for primaries shall make statements of the votes of the precincts of its county as the nature of the primary requires not later than twelve o'clock noon on the Saturday next following the primary and at that time transmit and certify to the Board of State Canvassers the results of its findings. This procedure must be repeated following every primary runoff. The Board of State Canvassers shall meet at the office of the State Election Commission and shall canvass the vote and declare the results of the primaries and the runoffs no later than twelve o' clock noon on the Saturday next following the primary in the State for state offices, federal offices, and offices involving more than one county."

SECTION 12. Section 7-17-570 of the 1976 Code is amended to read:

"Section 7-17-570. The executive committee shall hear the protest or contest on Thursday following the deadline for filing the same. Testimony at the hearing shall be limited to the grounds stated in the written protest.

The protestant and each other candidate in the protested race shall have the right to be present at the hearing, to be represented by counsel, to examine and cross-examine witnesses and to produce evidence relevant to the grounds of the protest. The chairman of the committee shall provide for and conduct the hearing as nearly as possible in accordance with the procedures and rules of evidence observed by the circuit courts of this State. The chairman shall have authority to administer oaths and subpoena witnesses. Upon the conclusion of the hearing of the protest the committee shall determine all issues by majority vote and forthwith certify the results of the election. The State Election Commission shall pay for the costs of the court reporter and the transcript of the hearing.

The committee shall remain in session until a conclusion has been reached. All candidates in the protested or contested race shall be immediately notified of the committee's decision."

SECTION 13. Section 7-25-140 of the 1976 Code is amended to read:

"Section 7-25-140. The county committee authority responsible under law in any for conducting a party primary and the commissioners of election or other electoral board in general and special elections in their discretion may post, or cause to be posted, a copy of Sections 7-25-120 to 7-25-140, printed on cardboard in as large type as a board twelve by twelve inches will carry, in each and every polling precinct."

SECTION 14. Nothing in this act nor any other provision of law may be construed as prohibiting the political parties in this State from conducting, according to their own rules and at the party's expense, presidential preference or advisory primaries.

SECTION 15. If a county operates its elections through an election and registration commission composed of seven members, the structure and composition are not affected or changed by the provisions of this act. However, the provisions for inclusion of majority and minority party representatives upon the commission and upon the expanded commission as constituted for primary elections and protests must be applied to the seven-member commission, mutatis mutandis.

SECTION 16. Except for municipal primaries, all primaries for national offices, excluding the office of president, and all primaries for state offices, offices including more than one county, and countywide and less than countywide offices, specifically including, but not limited to, all school boards and school trustees, special purpose district offices, which include, but are not limited to, water, sewer, fire, soil conservation, and other similar district offices, must be conducted by the State Election Commission and the county election commissions on the second Tuesday in June of each general election year.

SECTION 17. Sections 7-9-110 and 7-13-90 of the 1976 Code are repealed.

SECTION 18. This act takes effect upon approval by the Governor but only if funded by the General Assembly./

Amend title to conform.

On motion of Senator HOLLAND, with unanimous consent, the Bill retained its place on the Calendar in the status of Interrupted Debate.

On motion of Senator BRYAN, with unanimous consent, the Senate agreed to hold an election at 11:15 A.M. on Wednesday, February 6, 1991, to elect two members to the Committee to Screen Candidates for the Legislative Audit Council.

S. 226 -- Senators Waddell and Passailaigue: A JOINT RESOLUTION TO ALLOW STATE INCOME TAX DEDUCTIONS FOR INDIVIDUALS FOR COMMERCIAL TIMBER LOSSES AND TIMBER DAMAGE ASSESSMENTS ATTRIBUTABLE TO THE IMPACT OF HURRICANE HUGO IN COUNTIES DECLARED A FEDERAL DISASTER AREA BECAUSE OF THE IMPACT OF HURRICANE HUGO, TO PRESCRIBE THE ELIGIBILITY REQUIREMENTS FOR THE DEDUCTION INCLUDING REDUCTION OF OTHER TAX ATTRIBUTES OF TAXPAYERS CLAIMING THE DEDUCTION, AND TO ELIMINATE PENALTIES FOR FAILURE TO FILE TAX RETURNS DUE FROM SEPTEMBER 18, 1989, TO NOVEMBER 30, 1989, FOR TAXPAYERS IN COUNTIES DECLARED DISASTER AREAS.

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

Senator LAND spoke in favor of second reading of the Joint Resolution and Senator GIESE argued contra.

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

On motion of Senator GIESE, the Senate adjourned debate on the Joint Resolution.

Pursuant to action taken by the Senate when meeting in Executive Session on January 22, 1991, the appointment made by the Governor and confirmed by the Senate was ordered published in the Journal, to wit:

Appointment, Kershaw County Magistrate, with term to expire upon the return of Magistrate Roosevelt Osborne who is serving in the Middle East. This appointment is made pursuant to Section 8-17-10 et seq.

Mr. Joseph N. Connell, 623 Douglas Street, Camden, South Carolina 29020

At 1:31 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

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