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, even St. Paul had a hard time.
Hear the record from the Book of Acts (23:9-11):

"The dispute became so violent that the

commander was afraid Paul would be torn

to pieces by them...

The following night the Lord stood

near Paul and said, `Take courage... '.
Let us pray.

Dear Lord, we give thanks for the record that tells us that, when the Apostle Paul was almost pulled to pieces by the mob, he was able to stand because God was standing by him.

In this disturbing and baffling world of swift and shifting change, we turn to Thee for that wisdom which comes from beyond all that is human.

As we take our place beside those who find life hard and its burdens heavy, may we hear anew the words of the old hymn:

"Fear not, I am with thee,

O be not dismayed!

For I am thy God and

Will still give thee aid."

Amen!

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

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

Document No. 1336
Promulgated By Department of Health and Environmental Control
Air Pollution Control Standards
Received By Lt. Governor February 12, 1991
Referred to Senate Committee on Medical Affairs
120 day review expiration date June 12, 1991

Document No. 1365
Promulgated By Board of Registration for Landscape Architects
Registration, Examination, Certificate Fees, Code of Ethics
Received By Lt. Governor February 12, 1991
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date June 12, 1991

Senator LEATHERMAN introduced Dr. Roger Gaddy of Winnsboro, 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 RUSSELL, Senator POPE was granted a leave of absence for today.

Senator SHEALY rose to a Point of Personal Privilege.

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.

Senator WADDELL asked unanimous consent to make a motion that the Joint Resolution be carried over in the status of Interrupted Debate to be next considered on Tuesday, February 19, 1991.

Senator SHEALY objected.

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.

On motion of Senator WADDELL, with unanimous consent, the Joint Resolution was carried over in the status of Interrupted Debate to be next considered on Tuesday, February 19, 1991.

On prior motion of Senator BRYAN, the Senate proceeded to the election of two members to the Committee to Screen Candidates for the Legislative Audit Council.

Senator BRYAN nominated Senators LOURIE and PASSAILAIGUE, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.

Whereupon, the PRESIDENT announced that Senators LOURIE and PASSAILAIGUE were elected to the Committee to Screen Candidates for the Legislative Audit Council.

The following were introduced:

S. 646 -- Senators Lourie, Patterson, Giese and Courson: A CONCURRENT RESOLUTION TO JOIN THE COLUMBIA BRANCH NAACP IN HONORING SEVERAL MEMBERS OF THE SOUTH CAROLINA JUDICIARY FOR THEIR UNTIRING SERVICE AND DEVOTION TO THE PEOPLE OF SOUTH CAROLINA.

Senator LOURIE spoke on the Resolution.

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

S. 647 -- Senator Drummond: A SENATE RESOLUTION TO REQUEST THE COMMISSION OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO INSTRUCT THE EXECUTIVE DIRECTOR OF THE DEPARTMENT TO ISSUE, REISSUE, OR REASSIGN PERSONALIZED LICENSE PLATES FOR MEMBERS OF THE SENATE.

On immediate consideration, the Senate Resolution was adopted.

S. 648 -- Senator Holland: A BILL TO AMEND SECTION 50-11-705, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF THE USE OF LIGHTS TO OBSERVE OR HARASS WILDLIFE IN GAME ZONE 2, SO AS TO EXTEND THE PROHIBITION TO GAME ZONES 1, 4, AND 5; AND TO REPEAL SECTIONS 50-11-703 AND 50-11-704 RELATING TO OBSERVING OR HARASSING WILDLIFE.

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

S. 649 -- Senator Rose: A BILL TO CREATE THE INDIVIDUAL MEDICAL ACCOUNT ACT TO ALLOW A PERSON TO DEPOSIT FUNDS IN AN ACCOUNT ESTABLISHED AS A TRUST FOR THE PURPOSE OF PAYING THE MEDICAL, DENTAL, AND LONG-TERM CARE EXPENSES OF THE ACCOUNT HOLDER AND TO PROVIDE FOR THE DUTIES OF THE TRUSTEE, TO PROVIDE A TAX EXEMPTION ON INTEREST EARNED, AND TO PROVIDE FOR THE WITHDRAWAL OF FUNDS.

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

S. 650 -- Senators McConnell, Wilson, Thomas, Peeler, Giese, Rose, Courson and Setzler: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO DECLARATION OF RIGHTS, SO AS TO PROVIDE FOR THE "VICTIMS' BILL OF RIGHTS."

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

S. 651 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1530 SO AS TO REQUIRE THE COURT TO INCLUDE A SIXTY-DAY NOTICE REQUIREMENT IN A CUSTODY ORDER WHEN A PARENT OR OTHER PERSON INTENDS TO RELOCATE THE PERMANENT RESIDENCE OF A CHILD.

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

S. 652 -- Senator Lourie: A BILL TO AMEND SECTION 23-31-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASING OF A PISTOL, SO AS TO PROVIDE FOR THE PURCHASING OF A PISTOL AFTER MAKING APPLICATION TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, AND TO PROVIDE FOR THE APPROVAL OF SUCH APPLICATIONS AND TO AMEND SECTION 16-23-490, RELATING TO THE ADDITIONAL PENALTY FOR THE POSSESSION OF A FIREARM DURING THE COMMISSION OF CERTAIN CRIMES, SO AS TO PROVIDE THAT A PERSON CONVICTED OF COMMITTING OR ATTEMPTING TO COMMIT A VIOLENT CRIME WHILE IN THE POSSESSION OF A FIREARM OR WHO VISIBLY DISPLAYS A FIREARM OR KNIFE DURING THE COMMISSION OF A VIOLENT CRIME MUST RECEIVE AN ADDITIONAL FIVE YEAR MANDATORY TERM OF IMPRISONMENT TO BE SERVED CONSECUTIVELY, AND TO PROVIDE CONDITIONS OF THIS ADDITIONAL SENTENCE.

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

S. 653 -- Senator Rose: A BILL TO AMEND CHAPTER 1, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING SECTION 2-1-70 SO AS TO PROVIDE THAT NO MEMBER OF THE HOUSE OF REPRESENTATIVES OR THE SENATE MAY SERVE ON A LEGISLATIVE DELEGATION UNLESS THE REPRESENTED AREA IS WITHIN THE STATUTORY BOUNDARY OF HIS DISTRICT.

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

S. 654 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-200 SO AS TO REQUIRE THE COMMISSION ON HIGHER EDUCATION TO DEVELOP GUIDELINES TO ENSURE THAT INSTRUCTORS AT INSTITUTIONS OF HIGHER EDUCATION ARE PROFICIENT IN ENGLISH, THAT GRIEVANCE PROCEDURES FOR STUDENTS WITH INSTRUCTORS WHO ARE NOT ABLE TO SPEAK ENGLISH ARE ESTABLISHED, AND THAT AN ANNUAL REPORT OF THE COMPLAINTS AND THEIR DISPOSITIONS IS MADE TO THE COMMISSION.

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

S. 655 -- Senators Passailaigue, Fielding and Washington: A CONCURRENT RESOLUTION TO COMMEMORATE DELBERT LEON WOODS, AN EXTRAORDINARY MAN WHO CHAMPIONED THE CIVIL RIGHTS OF ALL PEOPLE AND EARNED THE LOVE AND RESPECT OF THE PEOPLE FROM THE LOW COUNTRY FOR HIS TIRELESS EFFORTS TO ADVANCE THEIR LIVES.

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

H. 3051 -- Rep. D. Elliott: A BILL TO AMEND SECTION 5-37-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE MUNICIPAL IMPROVEMENT ACT OF 1973, SO AS TO INCLUDE WITHIN THE DEFINITION OF "IMPROVEMENTS" THE RELOCATION, CONSTRUCTION, WIDENING, AND DREDGING OF CHANNELS, CANALS, AND WATERWAYS USED FOR RECREATIONAL PURPOSES.

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

H. 3222 -- Reps. Harvin, McLeod, Littlejohn, McElveen, H. Brown, Quinn, Vaughn and McCraw: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO REPEAL A RECREATIONAL BOATING "USER FEE" WHICH RECENTLY WAS ADOPTED.

Whereas, due to recent action taken by the United States Congress, beginning this year owners of boats sixteen feet in length and longer will be required to pay an annual recreational boating "user fee". The fee depends on the length of the boat; and

Whereas, according to disgruntled boat owners affected by the tax, the government will get approximately one hundred thirty million dollars from the "user fee" and not one cent is earmarked for boating improvements or boating safety; and

Whereas, there is a substantial penalty if boat owners do not comply with this unjust legislation. Now, therefore,

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

That the members of the General Assembly memorialize the United States Congress to repeal a recreational boating "user fee" which recently was adopted.

Be it further resolved that a copy of this resolution be forwarded to the President and Vice President of the United States, to the Speaker of the House of Representatives, and to each member of the South Carolina Congressional delegation.

Referred to the Committee on Fish, Game and Forestry.

H. 3223 -- Reps. Boan and McElveen: A CONCURRENT RESOLUTION DIRECTING THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS FOR THE CERTIFICATION OF LABORATORY AND RADIOLOGICAL TECHNICIANS.

Whereas, the South Carolina Legislative Joint Committee on Insurance has undertaken a study of the factors that contribute to the rising cost of health care; and

Whereas, one finding of the committee is that there presently is an insufficient number of certified laboratory technicians and radiological technicians to meet current demand; and

Whereas, the shortage of certified technicians is an acute problem in the rural areas of South Carolina. Now, therefore,

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

That the South Carolina Department of Health and Environmental Control is directed to promulgate regulations in accordance with its rule making authority allowing for the certification of individuals, based on a course of education, training, and other relevant standards prescribed by the department, to act as both laboratory technicians and radiological technicians at the same institution.

Referred to the Committee on Medical Affairs.

H. 3224 -- Rep. McElveen: A CONCURRENT RESOLUTION TO RECOMMEND THAT THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AMEND SECTIONS OF THE DEPARTMENT'S NURSING HOME REGULATIONS.

Whereas, there is a shortage of nursing home beds to meet the need of our citizens requiring long-term care; and

Whereas, to help meet this need some hospitals are converting portions of their facilities to nursing homes or utilizing the swing bed program; and

Whereas, hospital standards concerning certain nursing requirements and bed requirements are more stringent than nursing home standards; and

Whereas, the application of hospital standards to hospital-based nursing homes is more costly than applying nursing home standards and is not required to comply with federal law; and

Whereas, it would be beneficial to the overall reduction of health care costs in South Carolina to modify hospital-based nursing home standards. Now, therefore,

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

That the South Carolina Department of Health and Environmental Control is recommended to amend its nursing home regulations to create a new set of staffing standards for distinct part or hospital-based nursing homes utilizing nursing hours a patient day instead of the nurses' nursing station and bed capacity standard that currently exists to include the following:

(1) A registered nurse must be on duty for at least eight consecutive hours a day, seven days a week. This minimum is required by OBRA-1987 (not tied to bed capacity).

(2) The nursing facility will provide licensed nurses on a twenty-four hour basis, in any RN and LPN combination (not allocated to station but to total facility).

(3) The number of total nursing personnel (including aides, orderlies, and licensed nurses) on duty in addition to the Director of Nursing during a twenty-four hour period shall provide at least two and one-tenth hours of care a patient day. Increments of additional staff will be required only when FTE calculation exceeds fifty percent of a FTE adjustment.

(4) Allocations of staff by shift must be evaluated by the Director of Nursing to assure that residents' health, safety, and personal care needs are met.

Referred to the Committee on Medical Affairs.

H. 3225 -- Reps. Boan and McElveen: A CONCURRENT RESOLUTION DIRECTING THE CHIEF INSURANCE COMMISSIONER TO PROMULGATE REGULATIONS FOR PROCEDURES TO BE FOLLOWED BY UTILIZATION REVIEW FIRMS INCLUDING ACCREDITATION, NOTIFICATION REQUIREMENTS, APPEALS PROCEDURES, ACCESSIBILITY OF REVIEW AGENCIES, PERSONNEL QUALIFICATIONS, INFORMATIONAL MATERIAL, CONFIDENTIALITY, AND UTILIZATION REQUIREMENTS.

Whereas, the South Carolina Joint Insurance Study Committee has conducted a study of utilization review firms doing business in South Carolina; and

Whereas, the study included consideration of the procedures to be followed by utilization review firms to insure the health and safety of the citizens of this State and the containment of health care costs in this State; and

Whereas, the promulgation of regulations by the Chief Insurance Commissioner is necessary to implement procedures to be followed by utilization review firms to achieve the health and safety of our citizens and health care cost containment. Now, therefore,

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

That the Chief Insurance Commissioner is directed to promulgate regulations, in accordance with the rule making authority vested in him, containing at least the following provisions:

(A) Each utilization review firm shall seek accreditation through the Utilization Accreditation Commission.

(B) Each utilization review firm shall establish procedures so that its operation is in accordance with the following requirements:

(1) Notification of Decisions Both Favorable and Adverse:

(a) Telephone notification of decisions within one business day must be communicated to the individual who requests a review telephonically (subscriber or provider).

(b) Written notification and decisions must be mailed to the insured or provider within five business days.

(2) Appeals Process:

(a) An initial appeal of a decision must be documented to have been reviewed by a licensed physician. In addition, a licensed physician consultant to the review agent must be available for direct appeals from providers within one business day of a request for appeal.

(b) The review agent must provide a structure for the conduct of formal grievance procedures. The formal grievance procedure must include a physician consultant and provide a review by a physician consultant in the medical specialty most appropriate to the case in question.

(c) The appeals process must contain specific time frames for the resolution of appealed cases:

(i) forty-eight hours for an informal appeal;

(ii) thirty days for a formal grievance process.

(3) Accessibility:

(a) The review agency must be accessible to insureds and providers in South Carolina for a minimum of forty hours a week during the hours of 9:00 a.m. to 5:00 p.m., South Carolina time.

(b) The review agency must provide toll-free telephone lines with sufficient accessibility to ensure a reasonable response to inquiry. A reasonable time frame for response would be an average telephone queue time not to exceed sixty seconds.

(4) Qualifications of Personnel:

At a minimum, the review agent must be a currently licensed nurse or physician. Additionally, the review agent must have the immediate availability of a licensed physician consultant for interface with providers in South Carolina.

(5) Booklets and other materials designed to inform patients regarding the requirements of the utilization plan and their rights and responsibility under that plan must include, at a minimum, correct telephone numbers and addresses of the review agent, and a description of the appeals process and the grievance process.

(6) Confidentiality of medical information must be assured. A confidentiality statement must be included in the informational materials described in (5) above. A description of medical record handling procedures also must be included in the application for a certificate.

(C) Application for a certificate filed by a review agent must include detailed specific references to the utilization criteria that form the basis of their utilization program. For example, InterQual criteria may be quoted as the source document for a utilization review program.

Referred to the Committee on Banking and Insurance.

H. 3226 -- Rep. McElveen: A CONCURRENT RESOLUTION TO EXAMINE METHODS OF INCREASING THE LEVEL OF CARE PROVIDED BY BOARDING HOMES AND NURSING HOMES.

Whereas, the State of South Carolina presently has a patient classification system which results in overutilization of hospital and nursing home facilities for patients needing less than acute care; and

Whereas, the State of South Carolina has a shortage of nursing home facilities to meet the needs of her citizens; and

Whereas, present studies show the number of individuals likely to need long-term residential care facilities will increase in the future. Now, therefore,

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

That the South Carolina Joint Insurance Study Committee examine and develop a mechanism to provide adequate state-supported boarding home and nursing home facilities which will insure, through an appropriate medical protocol and funding formula, that proper medical care will be provided in these facilities so that transfer to acute care hospitals will not be necessary and more effective utilization of the state's health care resources and facilities will occur.

Referred to the Committee on Medical Affairs.

H. 3227 -- Reps. Boan and McElveen: A CONCURRENT RESOLUTION DIRECTING THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO REVIEW THE MEDICAID ELIGIBILITY REQUIREMENTS AND DETERMINE THE NUMBER OF ELIGIBLE MEDICAID RECIPIENTS WHO ARE DENIED BENEFITS BECAUSE OF FAILURE TO COMPLY WITH MEDICAID PROCEDURAL REQUIREMENTS.

Whereas, the South Carolina Joint Insurance Study Committee has undertaken a study to reduce the rate of increase in health care costs in South Carolina and the number of the uninsured population; and

Whereas, the Joint Health Care Planning and Oversight Committee currently is studying the Medicaid procedural requirements and should be commended for its efforts; and

Whereas, one finding of the committee is that a large number of eligible Medicaid recipients are not offered benefits because of procedural denials; and

Whereas, the uninsured population could be reduced if the number of eligible Medicaid recipients being denied benefits through procedural denials is reduced. Now, therefore,

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

That the Health and Human Services Finance Commission conduct a review of the Medicaid eligibility requirements to determine the number of eligible Medicaid recipients being denied benefits because of failure to comply with Medicaid procedural requirements.

Referred to the Committee on Medical Affairs.

Senator WADDELL, from the Committee on Finance, submitted a favorable with amendment report on:

S. 328 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO DELETE LANGUAGE MAKING THE FISCAL YEAR A CALENDAR YEAR UNLESS ANOTHER YEAR IS ESTABLISHED; TO AMEND SECTION 12-9-390, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO DELETE THE PENALTY PROVISION; TO AMEND THE 1976 CODE BY ADDING SECTION 12-19-165 SO AS TO PROVIDE FOR THE PRORATION OF THE CORPORATE LICENSE FEE FOR RETURNS FOR FEWER THAN TWELVE MONTHS; TO AMEND SECTION 12-54-40, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO PLACE THE PENALTY FOR FAILURE TO WITHHOLD PROPERLY IN THE PROVISION OF THE 1976 CODE DEALING WITH PENALTIES; TO AMEND SECTION 12-54-140, RELATING TO THE REQUIREMENT THAT CORPORATE TAXPAYERS NOTIFY THE TAX COMMISSION OF CHANGES IN INCOME AS REPORTED TO THE INTERNAL REVENUE SERVICE, SO AS TO EXTEND THE REQUIREMENT TO ALL TAXPAYERS; TO AMEND SECTION 33-14-220, RELATING TO THE REQUIREMENTS FOR REINSTATEMENT OF CORPORATE CHARTERS, SO AS TO PROVIDE THAT THE TAX PENALTIES AND INTEREST MUST BE PAID BEFORE REINSTATEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 33-15-330 SO AS TO PROVIDE A PROCEDURE FOR THE REINSTATEMENT OF CERTIFICATES OF AUTHORITY FOR FOREIGN CORPORATIONS.

Ordered for consideration tomorrow.

Senator WADDELL, from the Committee on Finance, submitted a favorable with amendment report on:

S. 411 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTIONS 4-10-90 AND 6-4-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTIMATING REVENUES AND CORRECTING ALLOCATIONS FOR PURPOSES OF THE LOCAL OPTION SALES TAX AND THE ACCOMMODATIONS TAX, SO AS TO PROVIDE THAT MISALLOCATIONS MAY BE CORRECTED ONLY BY ADJUSTING SUBSEQUENT ALLOCATIONS IN THE SAME FISCAL YEAR AS THE MISALLOCATION; TO AMEND SECTION 12-3-240, RELATING TO THE TAX COMMISSION'S AUTHORITY TO FURNISH INCOME TAX DATA TO MUNICIPALITIES WHICH LEVY A GROSS RECEIPTS TAX, SO AS TO ALLOW THE COMMISSION TO PROVIDE THE DATA TO COUNTIES; TO AMEND THE 1976 CODE BY ADDING SECTION 12-3-270 SO AS TO PROVIDE THAT FUNDS RECEIVED FROM COLLECTING WARRANTS FOR DISTRAINT MAY NOT SUPPLEMENT TAX COMMISSION APPROPRIATIONS AND MUST BE DEPOSITED IN THE GENERAL FUND OF THE STATE; TO AMEND SECTIONS 12-54-50 AND 12-54-120, RELATING TO FEES ON BAD CHECKS GIVEN TO THE TAX COMMISSION AND TAX LIENS, SO AS TO INCREASE THE FEE FROM TEN TO FIFTEEN DOLLARS, EXTEND THE FEE TO ELECTRONIC FUND TRANSFERS NOT MADE BECAUSE OF INSUFFICIENT FUNDS, AND PROVIDE THAT A TAX LIEN OPERATES IN THE SAME MANNER AS A JUDGMENT; TO AMEND SECTIONS 12-54-420 AND 12-54-460, RELATING TO THE SETOFF DEBT COLLECTION ACT, SO AS TO PROVIDE THAT DEBT SETOFFS MAY BE MADE FOR PRIVATE INSTITUTIONS OF HIGHER LEARNING ONLY FOR STATE-AUTHORIZED STUDENT LOANS AND TO PROVIDE A NOTICE PROCEDURE BEFORE A SETOFF MAY BE MADE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-54-495 SO AS TO PROVIDE THAT CLAIMANT AGENCIES UNDER THE SETOFF DEBT COLLECTION ACT MUST INDEMNIFY THE TAX COMMISSION FOR LIABILITIES ARISING UNDER THE ACT.

Ordered for consideration tomorrow.

Senator WADDELL, from the Committee on Finance, submitted a favorable with amendment report on:

S. 417 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-21-2726, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF LICENSING OF COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT PROOF OF LICENSING IS THE CONSPICUOUS DISPLAY OF THE LICENSE AT THE MACHINE LOCATION; TO AMEND SECTION 12-21-2738, RELATING TO PENALTIES FOR VIOLATIONS OF LICENSING LAWS FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT FAILURE TO HAVE THE APPROPRIATE LICENSES ON DISPLAY CONSTITUTES A VIOLATION AND THAT EACH MACHINE IN EXCESS OF THE APPROPRIATE LICENSE DISPLAYED IS A SEPARATE VIOLATION; AND TO REPEAL SECTION 12-21-2732, RELATING TO THE ATTACHMENT OF LICENSES TO MACHINES.

Ordered for consideration tomorrow.

Senator WADDELL, from the Committee on Finance, submitted a favorable report on:

S. 449 -- Senator Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-100 SO AS TO PROVIDE FOR EXPEDITED PROCESSING OF INDIVIDUAL INCOME TAX REFUNDS BY THE SOUTH CAROLINA TAX COMMISSION IN HARDSHIP CASES.

Ordered for consideration tomorrow.

Senator WADDELL, from the Committee on Finance, submitted a favorable report on:

S. 452 -- Senator Waddell: A BILL TO AMEND SECTION 12-37-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT TO COUNTIES AND MUNICIPALITIES FOR REVENUE LOST FROM THE BUSINESS INVENTORY PROPERTY TAX EXEMPTION, SO AS TO PROVIDE THAT REIMBURSEMENT AMOUNTS TO A POLITICAL SUBDIVISION WITHIN A COUNTY ATTRIBUTABLE TO A SEPARATE MILLAGE FOR DEBT SERVICE MUST BE REDISTRIBUTED PROPORTIONATELY TO OTHER 1987 TAX YEAR MILLAGES LEVIED BY THE POLITICAL SUBDIVISION WHEN THE DEBT IS REPAID.

Ordered for consideration tomorrow.

Senator WADDELL, from the Committee on Finance, submitted a favorable report on:

S. 473 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-260 SO AS TO PROVIDE FOR THE COLLECTION OF DELINQUENT STATE TAXES BY SETTING OFF DELINQUENT TAXES AGAINST AMOUNTS DUE THE TAXPAYER FOR PROVIDING GOODS AND SERVICES TO THE STATE, TO PROVIDE THAT THE SOUTH CAROLINA TAX COMMISSION SHALL PROVIDE APPROPRIATE INFORMATION TO THE COMPTROLLER GENERAL FOR THE PURPOSE OF MAKING SETOFFS, TO REQUIRE AMOUNTS SET OFF TO BE REMITTED TO THE COMMISSION, TO PROVIDE FOR WRITTEN NOTICES OF THE SETOFF TO THE TAXPAYERS, AND TO PROVIDE FOR REVIEW OF SETOFFS BY THE COMMISSION.

Ordered for consideration tomorrow.

Senator WADDELL, from the Committee on Finance, submitted a favorable with amendment report on:

S. 534 -- Senators Helmly, Land, Rose, Passailaigue and Long: A BILL TO AMEND SECTION 12-9-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHHOLDING REQUIREMENTS FROM CERTAIN PAYMENTS FOR STATE INCOME TAX PURPOSES, SO AS TO PROVIDE THAT THE EXEMPTION FROM WITHHOLDING REQUIREMENTS OF UTILITIES HIRING OR CONTRACTING WITH NONRESIDENT UTILITIES TO PERFORM SERVICES OF A TEMPORARY NATURE RELATING TO DAMAGE CAUSED BY NATURAL FORCES ALSO APPLIES TO COUNTIES MAKING SUCH PAYMENTS TO A PERSON NOT IN ITS REGULAR EMPLOY, AND TO PROVIDE THAT THESE PROVISIONS RELATING TO COUNTIES ARE RETROACTIVE TO DECEMBER 31, 1988.

Ordered for consideration tomorrow.

Senator WADDELL, from the Committee on Finance, submitted a favorable report on:

H. 3141 -- Rep. Harwell: A CONCURRENT RESOLUTION TO ENCOURAGE STATE AGENCIES TO USE SOYBEAN-BASED INKS WHEN PRINTING DOCUMENTS INTERNALLY OR BY CONTRACT AND, WHEN COST-EFFECTIVE AND PRACTICABLE, TO USE A "SOYBEAN-BASED INK" LOGO ON THE DOCUMENTS.

Ordered for consideration tomorrow.

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

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

H. 3445 -- Reps. Baxley, Beasley, J. Harris, Kinon and Harwell: A JOINT RESOLUTION REQUIRING A SPECIAL ELECTION TO BE CONDUCTED ON TUESDAY, MARCH 26, 1991, TO FILL A VACANCY IN THE HOUSE OF REPRESENTATIVES, DISTRICT 54, IN MARLBORO COUNTY.

(By prior motion of Senator SALEEBY, with unanimous consent)

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

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.

Senators GIESE and WADDELL explained the Bill.

S. 421 -- Senator Drummond: A BILL TO AMEND SECTION 50-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPOTTED SEA TROUT AND RED DRUM, SO AS TO REDUCE THE LEGAL CATCH LIMITS FOR SPOTTED SEA TROUT FROM TWENTY TO TEN A DAY AND FOR RED DRUM FROM TWENTY TO FIVE A DAY, TO EXTEND THE CLOSED SEASON FOR GIGGING FOR THESE FISH BY ONE MONTH, TO PROVIDE A CATCH OR POSSESSION LIMIT OF TWENTY A DAY FOR FLOUNDER, AND TO PROVIDE FOR EMERGENCY REGULATIONS BECAUSE OF NATURAL OR MAN-INDUCED PHENOMENA.

(On motion of Senator DRUMMOND)

S. 422 -- Senator Land: A BILL TO AMEND SECTION 40-7-115, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR A BARBER TO TRAIN A STUDENT, SO AS TO AUTHORIZE A BARBER TO TRAIN MORE THAN ONE STUDENT IN HIS SHOP AT A TIME UNDER CERTAIN CONDITIONS.

S. 623 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-280, RELATING TO THE POSSESSION OF PAGING DEVICES BY PUBLIC SCHOOL STUDENTS SO AS TO PROHIBIT THEIR POSSESSION UNLESS AUTHORIZED, TO PROVIDE PENALTIES FOR POSSESSION OF A DEVICE, AND TO PROVIDE FOR THEIR FORFEITURE.

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

Senator SETZLER proposed the following amendment (CYY 18151.SD), which was adopted:

Amend the bill, as and if amended, in subsection (B) of Section 59-63-280 of the 1976 Code by inserting immediately after /organization/ on line 37 of page 1 the following:

/or unless the student needs the paging device for a legitimate medical reason. The principal of each school may decide what constitutes a legitimate medical reason consistent with any guidelines as may be established by the school board of that district or by the State Department of Education/.

Amend title to conform.

Senator SETZLER explained the amendment.

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

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

H. 3190 -- Reps. Keyserling and Cork: A BILL TO AMEND SECTIONS 27-9-20 AND 27-9-21, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSERVATION RESTRICTIONS OR EASEMENTS, SO AS TO AUTHORIZE THE BEAUFORT COUNTY OPEN LAND TRUST, INCORPORATED, TO ACQUIRE AND DISPOSE OF THESE RESTRICTIONS OR EASEMENTS IN THE SAME MANNER AND WITH THE SAME PRIVILEGES AS GOVERNMENTAL BODIES AND OTHER CONSERVATION ORGANIZATIONS.

On motion of Senator WADDELL, H. 3190 was ordered to receive a third reading on Thursday, February 14, 1991.

S. 560 -- Senator Washington: A BILL TO PROVIDE THAT THE COLLETON COUNTY SUPERINTENDENT OF EDUCATION MUST BE APPOINTED BY AND SHALL SERVE AT THE PLEASURE OF THE BOARD OF TRUSTEES OF THE COLLETON COUNTY SCHOOL DISTRICT RATHER THAN BE ELECTED AND TO MAKE THIS CHANGE IN THE METHOD OF CHOOSING THE SUPERINTENDENT EFFECTIVE AFTER THE GENERAL ELECTION OF 1992.

On motion of Senator WASHINGTON, S. 560 was ordered to receive a third reading on Thursday, February 14, 1991.

H. 3177 -- Reps. Cooper and Chamblee: A BILL TO AMEND SECTION 5-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS THAT MUST BE MET BEFORE THE SECRETARY OF STATE MAY ISSUE A CORPORATE CERTIFICATE AND THE EXCEPTIONS TO THESE REQUIREMENTS, SO AS TO PROVIDE ADDITIONAL EXCEPTIONS.

On motion of Senator MACAULAY, H. 3177 was ordered to receive a third reading on Thursday, February 14, 1991.

S. 639 -- Fish, Game & Forestry Committee: A BILL TO AMEND CHAPTER 18, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AQUACULTURE, SO AS TO CHANGE THE REFERENCE TO RECIPROCAL HYBRID TO HYBRID, REVISE RELATED DEFINITIONS AND REQUIREMENTS FOR DOCUMENTATION OF THE SALE OR TRANSFER OF HYBRIDS, DELETE THE REFERENCE TO BROOD STOCK AND FINGERLINGS OF STRIPED BASS ORIGINATING OUT OF STATE, REVISE THE REQUIREMENTS PERTAINING TO TRANSPORTING DEVICES USED IN THE AQUACULTURE BUSINESS, PROVIDE FOR PERMITTED INSTEAD OF APPROVED SPECIES, DELETE THE REFERENCES TO TAGGED FISH AND SEALED PRODUCTS, REVISE THE FISH TRANSPORTATION AND LABELING REQUIREMENTS, PROVIDE FOR INSPECTION AND SAMPLING IN FACILITIES WHEN EMPLOYEES ARE PRESENT, AND DELETE THE REQUIREMENT FOR SEALED CONTAINERS CONTAINING TWENTY POUNDS OR LESS OF PRODUCT TO BE LABELED.

S. 642 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF SOCIAL WORK EXAMINERS, RELATING TO PRINCIPLES OF PROFESSIONAL ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1362, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator HOLLAND, with unanimous consent, S. 642 was ordered to receive a third reading on Thursday, February 14, 1991.

H. 3423 -- Reps. McAbee, Carnell and Boan: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO DECREASE AND INCREASE AUTHORIZATIONS FOR FACILITIES OF THE DEPARTMENT OF YOUTH SERVICES.

Senator SETZLER spoke on the Bill.

On motion of Senator LEATHERMAN, with unanimous consent, H. 3423 was ordered to receive a third reading on Thursday, February 14, 1991.

S. 641 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF BARBER EXAMINERS, RELATING TO REQUIREMENTS FOR LICENSING OF COSMETOLOGISTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1344, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator HOLLAND asked unanimous consent to make a motion that the Joint Resolution be taken up for immediate consideration.

Senator MARTSCHINK objected.

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

S. 643 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO SANITARY AND SAFETY RULES FOR SALONS AND SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1322, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 644 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO MINIMUM REQUIREMENTS FOR CROSSOVER BETWEEN LICENSED COSMETOLOGISTS AND MASTER HAIR CARE SPECIALISTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1343, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator WASHINGTON raised a Point of Order that under Rule 40, the Joint Resolution had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

S. 640 -- Senator Williams: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 10 AND 18 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 1991.

By prior motion of Senator WILLIAMS, with unanimous consent, the Joint Resolution was read the second time.

On motion of Senator McCONNELL, with unanimous consent, the vote whereby the Joint Resolution was ordered to be read the third time on the next legislative day was reconsidered and the Joint Resolution was passed and ordered to a third reading with notice of general amendments.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

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.

Senator SHEALY asked unanimous consent to make a motion that the Bill be carried over for consideration to a date after next Tuesday, February 19, 1991.

Senator LEATHERMAN objected.

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

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.

On motion of Senator SHEALY, with unanimous consent, the Bill was carried over for consideration to a date after next Tuesday, February 19, 1991.

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.

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

S. 189 -- Senator Giese: A BILL TO AMEND SECTION 23-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE, STORAGE, TRANSPORTATION, OR USE OF IMPERMISSIBLE FIREWORKS AND THE ENUMERATION OF PERMISSIBLE FIREWORKS, SO AS TO ELIMINATE BOTTLE TYPE ROCKETS FROM THE LIST OF THE PERMISSIBLE FIREWORKS IN SOUTH CAROLINA, AND TO ALLOW BOTTLE TYPE ROCKETS WHOSE TOTAL PYROTECHNIC COMPOSITION DOES NOT EXCEED TWENTY GRAMS EACH IN WEIGHT TO BE STORED WITHIN THIS STATE FOR SALE OUTSIDE THE STATE UNTIL DECEMBER 31, 1992.

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

S. 377 -- Senators Wilson, Giese, Passailaigue and Rose: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION ESTABLISHING A PRESIDENTIAL LINE ITEM VETO.

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

Senator MITCHELL argued contra to the adoption of the Concurrent Resolution.

Consideration was interrupted by recess, Senator MITCHELL retaining the floor, when the Resolution is next taken up for consideration.

At 12:10 P.M., on motion of Senator LEATHERMAN, the Senate receded from business until 2:15 P.M.

At 2:15 P.M., the Senate resumed.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 2:15 P.M. and the following Act was ratified:

(R1) H. 3445 -- Reps. Baxley, Beasley, J. Harris, Kinon and Harwell: A JOINT RESOLUTION REQUIRING A SPECIAL ELECTION TO BE CONDUCTED ON TUESDAY, MARCH 26, 1991, TO FILL A VACANCY IN THE HOUSE OF REPRESENTATIVES, DISTRICT 54, IN MARLBORO COUNTY.

MOTION ADOPTED
On motion of Senators STILWELL and WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Curt Clinkscales of Greenville.

At 2:30 P.M., on motion of Senator SALEEBY, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

This web page was last updated on Tuesday, June 30, 2009 at 8:58 A.M.