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, Isaiah said a word about perseverance to his people... and to us. (62:1):

"For Zion's sake I will not keep silent,

and for Jerusalem's sake I will not rest... "
Let us pray.

Lord God, when so many obstacles beset us and when frustration is our daily mood, we need to be reminded to keep unwearied in prayer and labor.

We are also encouraged by words like those of the poet Coleridge when he said:

"Be not afraid to pray; to pray is right.

Pray, if thou canst, with hope, but ever pray,

Though hope be weak, or sick with long delay,

Pray in the darkness if there is no light.

Far is the time, remote from human sight,

When war and discord on earth shall cease;

Yet every prayer for universal peace avails

the blessed time."

So lead us from the altar of our prayers to the anvil of our labors.

Amen.

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

Senator GIESE introduced Dr. Al Pakalnis of Columbia, 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.

Senator LOURIE rose to a Point of Privilege.

S. 355 -- Senators Nell W. Smith, Hayes, Helmly, Hinds, Holland, Leventis, Lourie, Macaulay, Martin, Martschink, McConnell, O'Dell, Patterson, Rose, Setzler, Horace C. Smith, J. Verne Smith, Stilwell, Waddell, Wilson, Giese, Courson and Passailaigue: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK BEGINNING OCTOBER 13, 1991, AS "SOUTH CAROLINA CHILDREN'S WEEK" AND TO REQUEST THE GOVERNOR TO CALL UPON THE PEOPLE OF THIS STATE TO OBSERVE THE WEEK WITH APPROPRIATE CEREMONIES AND ACTIVITIES.

Returned with concurrence.

Received as information.

S. 628 -- Senator Lourie: A CONCURRENT RESOLUTION TO COMMEND RICHLAND MEMORIAL HOSPITAL AND ITS HEART CENTER FOR THE OUTSTANDING CARE IT PROVIDES TO PATIENTS IN THE MIDLANDS REGION AND THROUGHOUT SOUTH CAROLINA WHO SUFFER FROM HEART DISEASE ON THE OCCASION OF NATIONAL HEART MONTH DURING FEBRUARY.

Returned with concurrence.

Received as information.

S. 629 -- Senator Lourie: A CONCURRENT RESOLUTION TO COMMEND PROVIDENCE HOSPITAL AND THE PROVIDENCE HEART INSTITUTE FOR THE OUTSTANDING CARE PROVIDED TO PATIENTS IN THE MIDLANDS REGION AND THROUGHOUT SOUTH CAROLINA WHO SUFFER FROM HEART DISEASE ON THE OCCASION OF NATIONAL HEART MONTH DURING FEBRUARY.

Returned with concurrence.

Received as information.

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.

Returned with concurrence.

Received as information.

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.

Returned with concurrence.

Received as information.

The following were introduced:

S. 656 -- Senator Setzler: A SENATE RESOLUTION TO COMMEND MRS. MARY D. CELAYA FOR HER OUTSTANDING SERVICE AS THE CLERK/TREASURER OF THE TOWN OF PELION FOR ALMOST TEN YEARS UPON HER RETIREMENT FROM THIS POSITION.

On immediate consideration, the Senate Resolution was adopted.

S. 657 -- Senator Russell: A CONCURRENT RESOLUTION TO RECOGNIZE THE SECOND PRESBYTERIAN CHURCH OF SPARTANBURG AS IT CELEBRATES ITS ONE HUNDREDTH ANNIVERSARY FEBRUARY 22-24, 1991, AND TO COMMEND THE CHURCH FOR ONE HUNDRED YEARS OF SERVICE TO THE COMMUNITY.

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

S. 658 -- Senators Stilwell, Thomas, Bryan, J. Verne Smith and Mitchell: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE MR. JACK E. DANEL OF W.R. GRACE AND COMPANY VERMICULITE MINES AND MILL NEAR ENOREE AND A RESIDENT OF GREENVILLE COUNTY WHO WAS SELECTED THE 1990 MINER OF THE YEAR BY THE MINING ASSOCIATION OF SOUTH CAROLINA.

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

S. 659 -- Senators Drummond, Bryan and Thomas: A CONCURRENT RESOLUTION TO COMMEND THE VOLUNTEERS OF THE SOUTH CAROLINA DEFENSE FORCE, ON THE FIFTIETH ANNIVERSARY OF ITS ESTABLISHMENT, FOR THEIR DEDICATED SERVICE TO THIS STATE, TO EXPRESS THAT THE GRATITUDE OF SOUTH CAROLINA FOR THIS SERVICE IS DEEP AND LASTING AND TO RECOGNIZE THIS ANNIVERSARY BY ATTENDING THE CEREMONY ON THURSDAY, MARCH 21, 1991, AT 11:00 A.M. ON THE SOUTH STEPS OF THE STATE HOUSE.

Whereas, the Armed Forces of the State of South Carolina date their establishment from 1670 when the settlement at Charles Towne of the Province of Carolina, was founded and the first militia was organized for defense of the settlement; and

Whereas, for more than three hundred twenty years, the Armed Forces of the State of South Carolina have maintained the proud tradition of service to the people of this State, volunteering to serve both in time of peace and in time of war, in such notable organizations and under such trying conditions as the repulse of the French and Spanish, the invasion of Florida and the siege of St. Augustine in 1706; the Yemassee Uprising of 1715; Vander Dussen's South Carolina Regiment of 1740 which accompanied the forces of General Oglethorpe in the invasion of Florida to further the security of the small settlement in Georgia; Howarth's South Carolina Regiment of 1757 and Middleton's South Carolina Regiment of 1760 known as "The Buffs"; and the many local companies of mounted Rangers as well as the four county regiments of militia who defended the ever expanding frontiers of South Carolina from 1716 until 1761; the six regular regiments of South Carolina Forces, The Continental Line, raised in 1775 and lost to the British in 1780; the many South Carolina regiments of militia which provided troops in defense of the Province and the State from 1775 until 1780 and which were reformed into three brigades under Generals Marion, Pickens, and Sumter, serving until the departure of the British and the Loyalists of South Carolina in 1783; the militia which volunteered in 1807 following the Chesapeake-Leopard Affair, of whom the Washington Light Infantry of Charleston remains; the militia which volunteered to defend the State and Nation once more in 1812 and again in 1846 to form the glorious Palmetto Regiment which raised its flag over the halls of Montezuma and of Santa Ana, avenging the noble volunteers from South Carolina who died at The Alamo; the thousands of militia who volunteered as units and as individuals during the War of 1861-1865; and those who volunteered as units and as individuals in 1898; and

Whereas, since the early part of the twentieth century, a part of the militia of South Carolina has been organized as the National Guard, and the National Guard has been called to leave the State of South Carolina in the service of the nation on four occasions and even now, many hundreds of South Carolina National Guardsmen and women have been called upon and are serving this country in the war in the Persian Gulf; and

Whereas, the State of South Carolina has depended upon another component of the militia, called first the South Carolina Militia Reserve during World War I, the South Carolina Defense Force from 1941 to 1944, and the South Carolina State Guard, 1944 until the present time, to defend the State and to provide military assistance to civil authorities; and

Whereas, the South Carolina Defense Force was established on the twenty-first of March, 1941, when Governor Burnet Rhett Maybank signed Act 54 of the 84th General Assembly of the State of South Carolina; and

Whereas, the South Carolina Defense Force, now the South Carolina State Guard, composed entirely of volunteers has served in the best tradition of its many ancestor organizations from 1941 until 1947, and now since 1981. Now, therefore,

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

That the members of the General Assembly upon the fiftieth anniversary of the establishment of the South Carolina Defense Force commend the many volunteers in this force who have served this State with dedication and honor with no thought of recompense, joining together in the resolve that no possible thing be left undone that would help to protect our homeland, to express that the gratitude of South Carolina for this service is deep and lasting and to recognize this auspicious occasion by attending the fiftieth anniversary ceremony on Thursday, March 21, 1991, at 11:00 A.M. on the south steps of the State House.

Referred to the Committee on Invitations.

S. 660 -- Senator Waddell: A BILL TO AMEND SECTIONS 9-1-1620, AS AMENDED, 9-9-70, AS AMENDED, AND 9-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT BENEFIT OPTIONS FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT A MEMBER ELECTING A NEW RETIREMENT OPTION AFTER THE DEATH OF A SPOUSE MUST MAKE THE ELECTION BEFORE THE LATER OF JULY 1, 1992, OR THE FIRST ANNIVERSARY OF THE DEATH OF THE SPOUSE AND TO PROVIDE THAT A NEW OPTION MAY BE ELECTED AFTER A CHANGE IN MARITAL STATUS; TO AMEND SECTION 9-8-70, RELATING TO THE RETIREMENT BENEFIT OPTION FOR MEMBERS OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO ALLOW MULTIPLE BENEFICIARIES; AND TO AMEND SECTION 9-11-25, RELATING TO THE AUTHORITY FOR ALLOWING PROBATE JUDGES TO PARTICIPATE IN THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO DELETE THE SEPARATE PAYMENT PROVISIONS.

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

S. 661 -- Senator Peeler: A BILL TO AMEND SECTION 12-31-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR ROAD TAX ON MOTOR CARRIERS, SO AS TO PROVIDE THAT THE APPROPRIATE AGENCIES MAY ENTER INTO AGREEMENTS OR COMPACTS WITH OTHER STATES WITH RESPECT TO THE CHAPTER ON ROAD TAX ON MOTOR CARRIERS.

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

S. 662 -- Senator Waddell: A BILL TO AMEND SECTION 9-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYROLL DEDUCTION INSTALLMENT PURCHASE PLAN FOR ESTABLISHING CREDIT FOR OUT-OF-STATE SERVICE AND FEDERAL CIVILIAN SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO EXTEND THE INSTALLMENT PURCHASE PLAN TO MILITARY SERVICE AND OTHER SERVICE FOR WHICH CREDIT IS ESTABLISHED BY ONLY A MEMBER CONTRIBUTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 9-11-330 SO AS TO EXTEND THE INSTALLMENT PURCHASE PLAN OF THE SOUTH CAROLINA RETIREMENT SYSTEM TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM.

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

S. 663 -- Senator Land: A BILL TO REPEAL SECTION 12-54-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE SOUTH CAROLINA TAX COMMISSION TO REQUIRE TAX PAYMENTS OF TWENTY THOUSAND DOLLARS OR MORE TO BE MADE BY ANY MEANS ESTABLISHED BY THE COMMISSION, WITH THE APPROVAL OF THE STATE TREASURER, THAT MAKES THE FUNDS IMMEDIATELY AVAILABLE TO THE STATE.

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

S. 664 -- Senator Drummond: A BILL TO AMEND CHAPTER 9 OF TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF WILDLIFE AND MARINE RESOURCES TO ESTABLISH A MANDATORY HUNTER EDUCATION PROGRAM FOR PERSONS PURCHASING HUNTING LICENSES WHO WERE BORN AFTER JUNE 30, 1975, TO ALLOW RECIPROCITY FOR SUCCESSFUL COMPLETION OF COMPARABLE COURSES IN OTHER JURISDICTIONS, AND TO PROVIDE A PENALTY FOR VIOLATIONS.

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

S. 665 -- Senator Peeler: A BILL TO AMEND SECTION 24-21-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "PARDON", SO AS TO PROVIDE THAT A PARDON OF A CONVICTION DOES NOT PRECLUDE THE CONVICTION RECORD FROM BEING CONSIDERED AS A PRIOR OFFENSE UNDER A STATUTE INCREASING THE PENALTY FOR A SUBSEQUENT OFFENSE.

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

S. 666 -- Senators Nell W. Smith and Holland: A BILL TO AMEND SECTION 20-7-1775, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ACCOUNTING OF DISBURSEMENTS MADE BY OR ON BEHALF OF A PETITIONER IN CONNECTION WITH AN ADOPTION, SO AS TO INCLUDE RECEIPTS FOR REASONABLE LIVING EXPENSES ASSESSED AS COSTS.

Senator NELL W. SMITH spoke on the Bill.

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

S. 667 -- Senator Washington: A BILL TO REVISE THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF COLLETON COUNTY MUST BE ELECTED BEGINNING IN 1992, INCLUDING THE ESTABLISHMENT OF NONPARTISAN ELECTIONS AND THE ESTABLISHMENT OF SEVEN SINGLE-MEMBER ELECTION DISTRICTS FOR THE ELECTION OF CERTAIN MEMBERS, AND TO PROVIDE FOR THE TERMS OF THESE MEMBERS ELECTED.

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

On motion of Senator WASHINGTON, S. 667 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 3043 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1710 SO AS TO REQUIRE AN INCOME TAX RETURN PREPARER TO INCLUDE HIS FEDERAL TAXPAYER IDENTIFICATION NUMBER ON STATE INCOME TAX RETURNS AND CLAIMS FOR REFUND PREPARED BY HIM.

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

H. 3075 -- Reps. P. Harris, Carnell, J. Harris, Mattos and Corning: A BILL TO AMEND SECTION 44-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MENTAL HEALTH COMMISSION, SO AS TO REVISE THE PROVISIONS FOR APPOINTMENT OF COMMISSION MEMBERS.

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

H. 3081 -- Reps. M.O. Alexander, Manly, Cork, Keyserling, Neilson, Baxley, McKay, Houck, Jaskwhich, Cato, Whipper, J. Bailey, Holt, Barber, Rama, Hallman, Fulmer, Faber, Koon, Wilder, McElveen, McLeod, Harrison, D. Williams, T.C. Alexander, L. Martin, Stoddard, Haskins, Corning, Hayes, Hodges, Sheheen, McGinnis, Wells, Phillips, Clyborne, Mattos, Littlejohn, Bruce, Corbett, M. Martin, Klapman, Cromer, Waites, J. Williams, Keegan, J. Rogers, Short, Waldrop, Burch, Wilkins, Kinon, Kempe, P. Harris, G. Brown, J. Harris, T. Rogers, A. Young, Meacham, Harvin, Altman, Marchbanks, Rudnick and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-50 SO AS TO PROHIBIT THE SALE OF CLEANING AGENTS CONTAINING PHOSPHATES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATION.

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

H. 3333 -- Reps. P. Harris, White, Short, Rama, Felder and Houck: A JOINT RESOLUTION TO APPROPRIATE EXCESS MEDICAID NURSING HOME FEES TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION FOR MEDICAID NURSING HOME CARE, TO USE INCREASED FEDERAL MEDICAID MATCHING FUNDS FOR UNANTICIPATED MEDICAID EXPENDITURES, AND TO REQUIRE THAT FUNDS GENERATED MUST BE USED FOR MEDICAID SERVICES.

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

H. 3421 -- Labor, Commerce and Industry Committee: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 60 SO AS TO ENACT THE SOUTH CAROLINA REAL ESTATE APPRAISER REGISTRATION, LICENSE, AND CERTIFICATION ACT; TO AMEND SECTIONS 40-57-10, 40-57-20, 40-57-40, 40-57-90, AS AMENDED, 40-57-100, 40-57-110, 40-57-160, 40-57-170, AND 40-57-240, RELATING TO REAL ESTATE BROKERS, COUNSELLORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS, SO AS TO DELETE CERTAIN REFERENCES AND PROVISIONS RELATING TO REAL ESTATE APPRAISERS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-57-115 SO AS TO PROVIDE THAT THE REAL ESTATE COMMISSION SHALL PROMULGATE REGULATIONS ESTABLISHING STANDARDS PERTAINING TO EDUCATION COURSES CONDUCTED PURSUANT TO CHAPTER 57 OF TITLE 40 AND THE SCHOOLS OR INSTITUTIONS CONDUCTING THESE COURSES.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 3443 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE INSURANCE DEPARTMENT, RELATING TO MERIT RATING PLAN, DESIGNATED AS REGULATION DOCUMENT NUMBER 1257, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3444 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE INSURANCE DEPARTMENT, RELATING TO DATES FOR PAYMENT OF ANNUAL LICENSE FEES FOR INSURANCE AGENTS, BROKERS, ADJUSTERS, AGENCIES, AND MOTOR VEHICLE PHYSICAL DAMAGE APPRAISERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1312, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3463 -- Ways and Means Committee: A BILL TO AMEND SECTION 12-9-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE INCOME TAX WITHHOLDING PAYMENTS, SO AS TO EXEMPT NONRESIDENT MOTION PICTURE COMPANIES FROM THE TWO PERCENT WITHHOLDING ON BUSINESS OF A TEMPORARY NATURE IN THIS STATE AND TO EXEMPT ENTITIES PERFORMING PERSONAL SERVICES FOR MOTION PICTURE COMPANIES IF THE ENTITY PERFORMING THE PERSONAL SERVICES AND THE MOTION PICTURE COMPANY EACH OBTAINS A CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THIS STATE; AND TO AMEND SECTION 12-36-2120, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT SUPPLIES, TECHNICAL EQUIPMENT, MACHINERY, AND ELECTRICITY SOLD TO MOTION PICTURE COMPANIES AND TO PROVIDE DEFINITIONS.

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

H. 3478 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCREDITATION STANDARDS FILED, DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS: GRADES 9-12, VII. THE STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1348, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3479 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1349, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3480 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCREDITATION STANDARDS FILED, DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS: BASIC PROGRAM FOR GRADES 9-12, DESIGNATED AS REGULATION DOCUMENT NUMBER 1350, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3481 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC PROGRAM FOR GRADES 9-12, DESIGNATED AS REGULATION DOCUMENT NUMBER 1351, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3482 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO CHEMIGATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1285, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3483 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO BEE REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1286, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3484 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO BOLL WEEVIL REGULATIONS AND QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1287, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3485 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO THE REPEAL OF 61-31, CAGED LAYER POULTRY HOUSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1309, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator BRYAN spoke on the Joint Resolution.

On motion of Senator BRYAN, read the first time and referred to the Committee on Medical Affairs.

H. 3486 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO DEVELOPMENT OF SUBDIVISION WATER SUPPLY AND SEWAGE TREATMENT/DISPOSAL SYSTEMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1326, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3487 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COASTAL COUNCIL, RELATING TO AMENDMENTS TO THE COASTAL ZONE MANAGEMENT ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1341, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3499 -- Reps. Altman and Snow: A BILL TO AMEND SECTION 50-11-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DECLARATION OF CERTAIN AREAS OF THE STATE AS BIRD SANCTUARIES, SO AS TO DECLARE THE TOWN OF PAWLEYS ISLAND IN GEORGETOWN COUNTY A BIRD SANCTUARY.

Senator HINDS spoke on the Bill.

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

H. 3502 -- Rep. Kinon: A CONCURRENT RESOLUTION TO EXPRESS THE PRIDE OF THE GENERAL ASSEMBLY AND THE PEOPLE OF SOUTH CAROLINA IN THE ANDREW BETHEA FAMILY OF NEW TOWN IN DILLON COUNTY WHO HAS FIVE SONS AND A DAUGHTER-IN-LAW SERVING IN THE ARMED FORCES IN SAUDI ARABIA, AND TO INVITE MR. AND MRS. ANDREW BETHEA TO BE RECOGNIZED IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON TUESDAY, FEBRUARY 26, 1991, AT 12:30 P.M., FOR THIS CONTRIBUTION TO THE DEFENSE OF OUR COUNTRY AND TO THE DEFENSE OF FREEDOM IN THE WORLD.

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

H. 3503 -- Rep. Klapman: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. DORIS B. MARCHANT OF WEST COLUMBIA UPON HER DEATH.

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

H. 3516 -- Reps. Sheheen, Burch and Baxley: A CONCURRENT RESOLUTION COMMEMORATING FEBRUARY 19, 1991, AS THE BICENTENNIAL OF THE FOUNDING OF KERSHAW COUNTY, ACKNOWLEDGING THE CONTRIBUTIONS OF THE CITIZENS OF KERSHAW COUNTY OVER THE PAST TWO HUNDRED YEARS, AND RECOGNIZING THE HISTORICAL SIGNIFICANCE OF KERSHAW COUNTY TO SOUTH CAROLINA AND THE UNITED STATES.

Whereas, Kershaw County was created by the South Carolina General Assembly on February 19, 1791, from portions of four counties in honor of Joseph Kershaw, a distinguished patriot of the American Revolution; and

Whereas, Kershaw County was formed to provide a more equitable basis for political representation and judicial administration for the citizens of the upstate; and

Whereas, Kershaw County was the site of several Revolutionary War battles, including engagements at Flat Rock, Wateree Ferry, Camden, Rugeley's Mill, Lynches Creek, and Hobkirk Hill, all of which led to the British withdrawal from the area; and

Whereas, Kershaw County is the proud home of noteworthy historical figures such as Joseph Kershaw, Mary Boykin Chestnut, Bernard Mannes Baruch, Richard B. Kirkland, and Generals James Cantey, Zack C. Deas, Joseph B. Kershaw, John D. Kennedy, and John B. Villepigue; and

Whereas, Kershaw County has an international reputation for excellence within the horse industry, hosting the renowned Carolina Cup and Colonial Cup steeplechases, as well as numerous polo matches, hunt trials, and Olympic training exercises; and

Whereas, Kershaw County has a long history of success in areas such as agriculture, the horse industry, manufacturing, and tourism and has continued to grow and prosper while maintaining its natural beauty and charm; and

Whereas, the Kershaw County Bicentennial Committee and citizens of Kershaw County are celebrating the two hundredth anniversary of the establishment of Kershaw County through various ceremonies and festivities throughout the county and believe it appropriate to highlight the Bicentennial with a ceremony in the second floor lobby of the State Capitol at 10:00 a.m., on February 19, 1991, two hundred years from the date Kershaw County was originally established. Now, therefore,

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

That the General Assembly by this resolution respectfully joins the people of Kershaw County in commemorating the Bicentennial of the founding of Kershaw County, acknowledging the contributions of the citizens of Kershaw County over the past two hundred years, and recognizing the historical significance of Kershaw County to South Carolina and the United States.

Be it further resolved that a public ceremony commemorating Kershaw County's Bicentennial is to take place in the second floor lobby of the State House at 10:00 a.m., February 19, 1991.

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

H. 3527 -- Rep. G. Brown: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF RICHARD LLOYD OF LEE COUNTY AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND HIS FRIENDS.

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

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

S. 409 -- Senator Waddell: A BILL TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT SUPPLIES, TECHNICAL EQUIPMENT, MACHINERY, AND ELECTRICITY SOLD TO MOTION PICTURE COMPANIES AND TO PROVIDE DEFINITIONS.

Ordered for consideration tomorrow.

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

S. 451 -- Senator Waddell: A BILL TO AMEND CHAPTER 37, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAXES, BY ADDING ARTICLE 4 SO AS TO ENACT THE HOMESTEAD PROPERTY TAX DEFERRAL FOR THE ELDERLY ACT.

Ordered for consideration tomorrow.

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

S. 494 -- Senators Lourie, Leventis, McConnell, J. Verne Smith, Macaulay, Passailaigue, Long, Fielding, Helmly, Thomas, Russell, Rose, Mitchell and Washington: A BILL TO AMEND ARTICLES 1, 3, AND 5, CHAPTER 3, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE DESIGNATION OF HIGHWAY DISTRICTS, THE ELECTION OF HIGHWAY COMMISSIONERS, AND THE APPOINTMENT OF DEPARTMENT PERSONNEL SO AS TO PROVIDE FOR THE REORGANIZATION OF THE DEPARTMENT BY PROVIDING FOR DEFINITIONS TO BE USED IN CHAPTER 3, BY CHANGING THE NAME OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION, BY PROVIDING FOR THE CREATION OF CERTAIN DIVISIONS WITHIN THE DEPARTMENT AND THE APPOINTMENT OF DIVISION MANAGERS, BY PROVIDING FOR THE ELECTION OF HIGHWAY COMMISSIONERS BY THE GENERAL ASSEMBLY AT LARGE AND THEIR TERM OF OFFICE, BY PROVIDING FOR THE CREATION OF SEVEN HIGHWAY DISTRICTS, AND BY PROVIDING FOR THE APPOINTMENT OF OTHER DEPARTMENT PERSONNEL; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE DEPARTMENT SO AS TO PROVIDE THAT THE DEPARTMENT MUST PROCESS ALL VOUCHERS FOR THE PAYMENT OF GOODS, SERVICES, AND PERSONNEL SERVICES THROUGH THE COMPTROLLER GENERAL'S OFFICE; TO PROVIDE FOR NEW TERMS OF OFFICE FOR COMMISSIONERS ELECTED FOR TERMS BEGINNING IN 1992; TO AMEND SECTION 11-35-45(B), RELATING TO THE DEPARTMENTS LUMP SUM STATUS BY ELIMINATING THE DEPARTMENT'S LUMP SUM STATUS; TO PROVIDE THAT THE CODE COMMISSIONER CHANGE CERTAIN REFERENCES IN THE 1976 CODE; TO REPEAL SECTION 124.20, PART I, ACT 612 OF 1990 RELATING TO BUDGET TRANSFERS; AND TO PROVIDE FOR THE CREATION OF AN OMBUDSMAN WITHIN THE DEPARTMENT.

Ordered for consideration tomorrow.

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

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

H. 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.

(By prior motion of Senator WADDELL)

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.

(By prior motion of Senator MACAULAY)

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.

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

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

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.

(By prior motion of Senator WASHINGTON)

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.

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

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

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.

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.

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

The amendment proposed by the Committee on Finance (JIC\5295.H.C.) was adopted as follows:

Amend the bill, as and if amended, by striking Section 12-54-50, as contained in Section 5, page 3, and inserting:

/Section 12-54-50. When the bank upon on which any a uncertified check tendered to the commission in payment of any an obligation due to the commission, refuses payment of the check on account of insufficient funds of the drawer in the bank and the check is returned to the commission, a penalty of ten fifteen dollars must be imposed. This section applies to all taxes or license fees levied or assessed by the commission./

Renumber sections to conform.

Amend totals and title to conform.

Senator LEATHERMAN spoke on the Bill.

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. 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.

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

The amendment proposed by the Committee on Finance (JIC\5296.H.C.) was adopted as follows:

Amend the bill, as and if amended, by striking Section 12-21-2738, as contained in Section 2, page 2, and inserting:

/Section 12-21-2738. Any A person who:

(1) fails, neglects, or refuses to comply with the terms and provisions of this article; or who

(2) fails to attach the required license to any an machine, apparatus, billiard, or pocket billiard table ,: as herein required, or

(3) fails to display conspicuously the required license where a machine is being operated; is subject to a penalty of fifty five hundred dollars for each failure, and the penalty must be assessed and collected by the commission.

For purposes of the violation established pursuant to item (3) of this section, each machine by type in excess of the appropriate license displayed constitutes a separate violation.

In addition to the penalty provided in this section, an unlicensed machine is considered to have been on location as of June first of the licensing period and the full annual license amount must be collected./

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. 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.

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

The amendment proposed by the Committee on Finance (CYY\18163.SD) was adopted as follows:

Amend the bill, as and if amended, in Section 12-9-310(3) of the 1976 Code by inserting immediately after /person,/ on line 17 of page 2 the following:

/public utility, electric cooperative,/.

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.

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

S. 645 -- Senator Bryan: A JOINT RESOLUTION TO PROVIDE THAT FOR THE 1990-91 SCHOOL YEAR, HICKORY TAVERN ELEMENTARY SCHOOL, LOCATED IN LAURENS COUNTY SCHOOL DISTRICT 55, IS EXEMPTED FROM THE REQUIREMENT THAT DAYS MISSED BE MADE UP AS A RESULT OF A FIRE AND ASBESTOS CONTAMINATION AT THE SCHOOL.

On motion of Senator BRYAN, S. 645 was ordered to receive a third reading on Friday, February 15, 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.

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.

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.

On motion of Senator GIESE, S. 449 was ordered to receive a third reading on Friday, February 15, 1991.

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.

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.

On motion of Senator McCONNELL, 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.

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

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.

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

Senator LEATHERMAN spoke on the Bill.

On motion of Senator J. VERNE SMITH, the Bill was carried over.

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

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.

Senator STILWELL moved that the Bill be made a Special Order.

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

Bryan Courson Drummond
Giese Gilbert Helmly
Hinds Hinson Holland
Leatherman Macaulay Martschink
McConnell McGill Mitchell
Moore Passailaigue Peeler
Pope Reese Rose
Russell Setzler Shealy
Smith, J.V. Smith, N.W. Stilwell
Thomas Waddell Washington
Williams Wilson

Saleeby

Lourie

Senator LOURIE, with unanimous consent, spoke on the Bill.

The Bill, S. 654, was made a Special Order.

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.

Senator GIESE moved that the Bill be made a Special Order.

Senator GIESE spoke on the Bill.

Senator LEATHERMAN raised a Point of Order that the motion under Rule 34B was out of order inasmuch as the Bill had not been on the Calendar for a minimum of six statewide legislative days.

The PRESIDENT sustained the Point of Order.

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

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

The following Bills and Concurrent Resolutions were carried over:

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 POPE, 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 GIESE, 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.

On motion of Senator MITCHELL, the Concurrent Resolution was carried over.

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.

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

S. 531 -- Senator Fielding: A BILL TO PROVIDE THAT BEGINNING WITH THE 1992 GENERAL ELECTION THE BOARD OF TRUSTEES OF THE CHARLESTON COUNTY SCHOOL DISTRICT CONSISTS OF NINE MEMBERS ELECTED FROM SINGLE-MEMBER DISTRICTS, TO PROVIDE FOR THE FILLING OF VACANCIES FROM THE DISTRICTS, TO ESTABLISH THE NINE SINGLE-MEMBER DISTRICTS, TO PROVIDE THAT TRUSTEES ELECTED IN 1990 SHALL SERVE UNTIL THE EXPIRATION OF THEIR TERMS, TO PROVIDE FOR THE 1992 ELECTION FOR TRUSTEES FROM DISTRICTS ONE, TWO, FIVE, SIX, AND NINE, AND TO PROVIDE FOR THE 1994 ELECTION FOR TRUSTEES FROM DISTRICTS THREE, FOUR, SEVEN, AND EIGHT; AND TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO CONFORM THE PETITION REQUIREMENT FOR NOMINATION TO THE SYSTEM OF REPRESENTATION PROVIDED IN THIS ACT.

On motion of Senator McCONNELL, the Bill was carried over.

Senator WADDELL moved that when the Senate adjourns on Friday, February 15, 1991, it stand adjourned to meet next Tuesday, February 19, 1991, at 12:00 Noon, which motion was adopted.

At 12:10 P.M., on motion of Senator WADDELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

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