Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:15 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear the words of the Psalmist (Ps.23): "The Lord is my shepherd, I shall not want."
Let us pray.

Father of Mercies, grant the tenderest manifestation of Your love and grace to the Marshall Williams family as their daughter, Mary Ashley, passes from this life on earth in flesh to Eternal Life in Heaven where there are no tears.
Lord, God of us all, as we return to this Chamber, do not cease reminding us that You created a planet to be governed by moral law... and that as nations or individuals we violate those laws... at our own peril.

We pray that of a truth we may hear and believe Micah's words,

"the mountain of the Lord's temple

will be established... " (4:1)

"He will stand and shepherd his flock

in the strength of the Lord, in the

majesty of the name of the Lord his

God."

And they will live securely, for

then His greatness will reach to the

ends of the earth.

And he will be their peace." (4:4)

So, let it be!

Amen.

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

February 26, 1991
Mr. Frank B. Caggiano
Clerk of the Senate
Gressette Senate Office Building
Post Office Box 142
Columbia, South Carolina 29202

Dear Mr. Caggiano,

Thank you for Senate Resolution S. 515 expressing support for our servicemen and women participating in Operation DESERT STORM. The overwhelming support shown by the people of this great nation has lifted the spirits and confidence of all of us involved in this conflict.

Please convey my appreciation to the esteemed members of the Senate of South Carolina.

With best wishes,

Sincerely,
Colin L. Powell
Chairman
Joint Chiefs of Staff

Senator DRUMMOND introduced Dr. James Halford of Anderson, 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 WADDELL, Senator WILLIAMS was granted a leave of absence for today.

Senator PEELER rose to a Point of Personal Privilege.

Columbia, S.C., March 6, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3508 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-9-200, 38-9-210, AND 38-9-220 SO AS TO PROVIDE REINSURANCE CREDITS AND LIABILITY REDUCTIONS ALLOWED FOR DOMESTIC CEDED INSURERS AND DEFINE TERMS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-21-125 SO AS TO PROVIDE FOR ACQUISITIONS OF INSURERS NOT COVERED BY THE INSURANCE HOLDING COMPANY REGULATORY ACT; TO AMEND THE 1976 CODE BY ADDING CHAPTER 26 TO TITLE 38 SO AS TO PROVIDE FOR THE ADMINISTRATIVE SUPERVISION OF INSURERS ACT; TO AMEND THE 1976 CODE BY ADDING SECTION 38-27-100 SO AS TO PROVIDE FOR THE CONDUCT OF INSURANCE PROCEEDINGS BEGUN BEFORE THE EFFECTIVE DATE OF THE INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION ACT; TO AMEND THE 1976 CODE BY ADDING SECTION 38-27-110 SO AS TO PROVIDE FOR PAYMENTS TO A GUARANTY ASSOCIATION WHEN AN INSURER IS SUBJECT TO A DELINQUENCY PROCEEDING; TO AMEND SECTION 38-5-120, RELATING TO THE REVOCATION AND SUSPENSION OF INSURANCE CERTIFICATES OF AUTHORITY, SO AS TO PROVIDE STANDARDS FOR DETERMINING HAZARDOUS INSURANCE PROCEEDINGS AND AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO TAKE ACTION WHEN AN INSURER IS IN AN UNSOUND OR A HAZARDOUS CONDITION; TO AMEND SECTION 38-9-10, RELATING TO CAPITAL AND SURPLUS OF STOCK INSURERS, SO AS TO INCREASE THE REQUIRED AMOUNTS, AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO REQUIRE ADDITIONAL INITIAL CAPITAL AND SURPLUS, AND PROVIDE FOR THE INITIAL CAPITAL AND SURPLUS; TO AMEND SECTION 38-9-20, RELATING TO SURPLUS OF MUTUAL INSURERS, SO AS TO INCREASE THE REQUIRED AMOUNTS, AUTHORIZE THE COMMISSIONER TO REQUIRE ADDITIONAL INITIAL SURPLUS, AND PROVIDE FOR INITIAL SURPLUS; TO AMEND SECTION 38-9-30, RELATING TO CAPITAL AND SURPLUS OF INSURERS LICENSED ON JULY 1, 1988, SO AS TO CHANGE THE DATE TO JULY 1, 1991, CHANGE RELATED DATES DETERMINING APPLICATION OF THE SECTION, AND PROVIDE REQUIREMENTS FOR AN INSURER WHICH IS THE SUBJECT OF A CHANGE OF CONTROL; TO AMEND SECTION 38-9-170, RELATING TO UNEARNED PREMIUM RESERVES OF INSURERS, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH DEDUCTIONS MAY BE MADE FROM RESERVES; TO AMEND SECTION 38-9-190, RELATING TO LOSS AND CLAIM RESERVES OF INSURERS, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH CREDIT FOR REINSURANCE IS ALLOWED AS AN ASSET OR A DEDUCTION FROM RESERVES; TO AMEND SECTION 38-11-10, RELATING TO LEGISLATIVE INTENT PERTAINING TO INVESTMENTS BY INSURERS, SO AS TO ESTABLISH STANDARDS FOR THE DEVELOPMENT AND ADMINISTRATION OF INVESTMENTS; TO AMEND SECTION 38-11-50, RELATING TO LIMITATIONS ON THE INVESTMENTS, SO AS TO PROVIDE FOR THE VALUATION OF INVESTMENTS AND PROMULGATION OF RELATED REGULATIONS; TO AMEND SECTION 38-21-90, RELATING TO THE INSURANCE COMMISSIONER'S APPROVAL OF AN ACQUISITION OF CONTROL OF AN INSURER, SO AS TO PROVIDE FOR APPLICATION OF THE COMPETITIVE STANDARD; TO AMEND SECTION 38-21-140, RELATING TO THE CONTENT OF INSURANCE REGISTRATION STATEMENTS, SO AS TO INCLUDE A PLEDGE OF THE INSURER'S STOCK FOR A LOAN MADE TO A MEMBER OF THE INSURANCE HOLDING COMPANY SYSTEM; TO AMEND SECTION 38-21-270, RELATING TO NOTICE AND APPROVAL OF EXTRAORDINARY DIVIDENDS AND DISTRIBUTIONS BY INSURERS, SO AS TO REVISE THE DETERMINATION OF AN EXTRAORDINARY DIVIDEND AND DISTRIBUTION; TO AMEND SECTION 38-27-10, RELATING TO THE CITE FOR THE "INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION ACT", SO AS TO DELETE "SUPERVISION"; TO AMEND SECTION 38-27-40, RELATING TO APPLICATION OF THE ACT, SO AS TO ADD PREPAID HEALTH CARE DELIVERY PLANS; TO AMEND SECTIONS 38-27-50, 38-27-230, AND 38-27-310, RELATING TO DEFINITIONS, HEARINGS, AND REHABILITATION UNDER THE ACT, SO AS TO DELETE THE REFERENCES TO "VALID" AS IT APPLIES TO "ORDER" AND SECTION 38-27-210, INSURANCE COMMISSIONER'S ORDERS AND SUPERVISION; TO AMEND SECTION 38-27-370, RELATING TO ORDERS TO LIQUIDATE AN INSURER, SO AS TO PROVIDE FOR A PLAN FOR THE CONTINUED PERFORMANCE OF A DEFENDANT COMPANY'S POLICY CLAIMS OBLIGATIONS DURING THE PENDENCY OF AN APPEAL; TO AMEND SECTION 38-27-400, RELATING TO THE POWERS OF A LIQUIDATOR, SO AS TO AUTHORIZE THE AUDIT OF THE BOOKS AND RECORDS OF AGENTS OF THE INSURER AND PROVIDE THAT A LIQUIDATOR IS NOT OBLIGATED TO DEFEND OR CONTINUE TO DEFEND CLAIMS AFTER THE ENTRY OF A LIQUIDATION ORDER; TO AMEND SECTION 38-27-610, RELATING TO THE PRIORITY OF DISTRIBUTION OF CLAIMS FROM AN INSURER'S ESTATE, SO AS TO INCLUDE IN CLASS 3 CLAIMS OF FEDERAL, STATE, AND LOCAL GOVERNMENTS FOR LOSSES INCURRED, "LOSS CLAIMS", AND EXCLUDE THOSE CLAIMS FROM CLASS 5; TO AMEND SECTION 38-27-950, RELATING TO PROCEEDINGS INSTITUTED BY THE INSURANCE COMMISSIONER, SO AS TO DELETE THE REFERENCE TO SECTION 38-27-210, ORDERS AND SUPERVISION; TO AMEND SECTION 38-33-100, RELATING TO CERTIFICATES OF AUTHORITY FOR HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO INCREASE THE NET WORTH REQUIREMENTS, PROVIDE REQUIREMENTS FOR A STOCK HEALTH MAINTENANCE ORGANIZATION, AND PROVIDE FOR ORGANIZATIONS IN COMPLIANCE WITH THE LAW ON DECEMBER 31, 1990; TO AMEND SECTION 38-55-30, RELATING TO LIMITATION OF RISK BY INSURERS, SO AS TO APPLY THE LIMITATION TO CAPTIVES AND DEFINE THE TERM; TO AMEND SECTION 38-87-40, RELATING TO OUT-OF-STATE CHARTERED RISK RETENTION GROUPS, SO AS TO PROVIDE FOR THE EXAMINATION REGARDING FINANCIAL CONDITION TO BE CONDUCTED IN ACCORDANCE WITH THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS' EXAMINER'S HANDBOOK INSTEAD OF THE STANDARDS AND PROCEDURES APPLICABLE TO EXAMINATIONS OF ADMITTED INSURERS; TO AMEND SECTION 38-87-90, RELATING TO THE PURCHASE OF LIABILITY INSURANCE FROM A NONSTATE APPROVED SURPLUS LINES INSURER, SO AS TO PROVIDE THE CONDITIONS UNDER WHICH INSURANCE MAY BE PURCHASED FROM A RISK RETENTION GROUP NOT CHARTERED OR AN INSURER NOT ADMITTED IN THE STATE; AND TO REPEAL SECTION 38-27-210 RELATING TO THE INSURANCE COMMISSIONER'S ORDERS AND SUPERVISION.
and has ordered the Bill enrolled for ratification.

Very respectfully,
Speaker of the House

Received as information.

S. 734 -- Senator Lourie: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO MR. RICHARD T. ("T.R.") RUNNELS FOR HIS SUPERB SERVICE AS INTERIM DIRECTOR OF THE SOUTH CAROLINA AERONAUTICS COMMISSION.

Returned with concurrence.

Received as information.

S. 736 -- Senators Courson, Bryan, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO HONOR THE MEN AND WOMEN OF THE UNITED STATES ARMED FORCES WHO SUCCESSFULLY AND COURAGEOUSLY DEFENDED OUR COUNTRY DURING OPERATION DESERT STORM.

Returned with concurrence.

Received as information.

S. 569 -- Senator Drummond: A BILL TO AMEND SECTION 54-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSIONERS OF PILOTAGE FOR THE PORT OF CHARLESTON, SO AS TO DELETE THE REQUIREMENT FOR RECOMMENDATION BY A MAJORITY OF THE LICENSED PILOTS; TO AMEND SECTION 54-15-100, RELATING TO APPRENTICES FOR THE PORT, SO AS TO DELETE THE AGE LIMITATION FOR APPRENTICES OVER TWENTY-EIGHT YEARS OF AGE; TO AMEND SECTION 54-15-120, RELATING TO THE REQUIREMENTS FOR LICENSING PILOTS IN THE PORT, SO AS TO AUTHORIZE THE CONSIDERATION OF PREVIOUS MARITIME EXPERIENCE, REVISE THE LIMITATION OF THE NUMBER OF LICENSES GRANTED THROUGH REGULATIONS, AND PROVIDE FOR EMERGENCY AND TEMPORARY LICENSES; TO AMEND SECTION 54-15-130, RELATING TO THE LIMITATION OF THE NUMBER OF LICENSED PILOTS, SO AS TO REVISE THE LIMITATION THROUGH REGULATION; TO REPEAL SECTION 54-15-180 RELATING TO THE COMMISSION AND USE OF PILOT BOATS FOR PILOTAGE; TO REPEAL SECTION 54-15-200 RELATING TO THE RESTRICTIONS ON OTHER BUSINESSES OF A PILOT; AND TO REAUTHORIZE THE EXISTENCE OF THE COMMISSIONERS OF PILOTAGE FOR THE PORT FOR SIX YEARS.

On motion of Senator J. VERNE SMITH, with unanimous consent, the House was requested to return the Bill.

On motion of Senator MOORE, with unanimous consent, the Senate agreed to go into Executive Session prior to a recess or adjournment.

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.

The House returned the Bill with amendments.

Senators WADDELL, DRUMMOND and PASSAILAIGUE spoke on the Bill.

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

The following were introduced:

S. 744 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1517 SO AS TO ENACT THE SOUTH CAROLINA RETIREMENT SYSTEM EARLY RETIREMENT INCENTIVE ACT OF 1991, SO AS TO PROVIDE THAT MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO RETIRE BETWEEN JUNE 1, 1991, AND SEPTEMBER 30, 1991, AND WHO HAVE AT LEAST TWENTY-FIVE YEARS CREDITED SERVICE OR WHO HAVE AT LEAST TWENTY YEARS CREDITED SERVICE AND HAVE ATTAINED AGE SIXTY AS OF JUNE 1, 1991, SHALL RECEIVE FIVE ADDITIONAL YEARS OF CREDITED SERVICE ON RETIREMENT, TO PROVIDE THAT THE BENEFITS OF PERSONS RECEIVING THE ADDITIONAL FIVE YEARS CREDITED SERVICE MAY NOT BE REDUCED ON ACCOUNT OF AGE, TO PROVIDE STATE INSURANCE BENEFITS PLAN BENEFITS TO THESE RETIREES, TO REQUIRE THE MEMBER'S EMPLOYING AGENCY TO TRANSFER TO THE RETIREMENT SYSTEM THE FULL ACTUARIAL COST OF THE ADDITIONAL BENEFITS CONFERRED BY THIS SECTION, AND TO REQUIRE THE AUTHORIZED NUMBER OF FULL-TIME EQUIVALENT POSITIONS (FTE'S) FOR STATE AGENCIES TO BE REDUCED BY ONE FOR EACH AGENCY EMPLOYEE RETIRING PURSUANT TO THIS ACT.

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

S. 745 -- Senators Helmly and Rose: A BILL TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS, SO AS TO REVISE THE AREAS FOR BERKELEY COUNTY.

Read the first time and referred to the Local Delegation.

S. 746 -- Senators Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington and Wilson: A CONCURRENT RESOLUTION EXTENDING HEARTFELT SYMPATHY TO SENATOR AND MRS. MARSHALL WILLIAMS CONCERNING THE DEATH OF THEIR DAUGHTER, MARY ASHLEY.

Whereas, it was with very great sorrow that we received the news that Senator and Mrs. Marshall Williams' daughter, Mary Ashley, had died following a long illness; and

Whereas, Mary Ashley was a delightful young woman who had a zest for living and possessed a free spirit; and

Whereas, she always made everyone around her happy and light-hearted and was known and loved for her kindness and sweetness; and

Whereas, we want our dear friends Marshall and Margaret to know that we love them and are so very sorry about their loss; and

Whereas, all of the Williams' family are uppermost in our thoughts and prayers and have our deepest sympathy. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, extend heartfelt sympathy to Senator and Mrs. Marshall Williams concerning the death of their daughter, Mary Ashley.

Be it further resolved that a copy of this resolution be forwarded to Senator and Mrs. Williams.

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

H. 3616 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE ROBERT S. TURNER OF GEORGIA, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 27, 1991.

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

That the Honorable Robert S. Turner of Georgia, National Commander of the American Legion, is invited to address the General Assembly in joint session at 12:00 Noon on Wednesday, March 27, 1991.

Referred to the Committee on Invitations.

H. 3653 -- Reps. Rogers, J. Brown, Burriss, Corning, Cromer, Quinn, Scott and Waites: A CONCURRENT RESOLUTION CONGRATULATING THE STATE NEWSPAPER OF COLUMBIA ON ITS ONE HUNDREDTH ANNIVERSARY AND EXTENDING THE PUBLISHERS, EDITORS, WRITERS, AND STAFF OF THE STATE BEST WISHES FOR AT LEAST ANOTHER CENTURY OF JOURNALISTIC EXCELLENCE AND SUCCESS.

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

H. 3654 -- Reps. Huff, Wilkes, Quinn and Glover: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MARCH 20, 1991, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR TO THE MEMBER OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION FROM THE SIXTH CONGRESSIONAL DISTRICT FOR AN UNEXPIRED TERM WHICH WILL EXPIRE IN 1994.

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

That the Senate and the House of Representatives meet in joint assembly in the Hall of the House of Representatives on Wednesday, March 20, 1991, at 12:00 Noon, for the purpose of electing a successor to the member of the South Carolina Public Service Commission from the Sixth Congressional District so as to fill an unexpired term which will expire in 1994.

Referred to the Committee on Invitations.

H. 3041 -- Rep. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO MAKE IT A CRIME FOR AN OWNER OF A DWELLING UNIT TO INSTALL A SECURITY MEASURE WHICH WOULD HINDER THE EXIT OF A PERSON FROM THE UNIT IN CASE OF A FIRE AND REQUIRE AN OWNER OF A DWELLING UNIT TO PROVIDE EASY ACCESS TO ALL EXITS OF THE DWELLING UNIT OR BUILDING IN WHICH THE UNIT IS LOCATED AND TO PROVIDE A PENALTY FOR VIOLATION.

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

H. 3064 -- Reps. P. Harris, Carnell, J. Harris, Mattos and Corning: A BILL TO AMEND SECTIONS 44-20-375 AND 44-20-378, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REVISE THE MANNER IN WHICH A COUNTY BOARD OF MENTAL RETARDATION IS ESTABLISHED, PROVIDE FOR THE CREATION OF A BOARD BY ORDINANCE, AND AUTHORIZE THE CONTINUANCE OF CURRENT BOARDS.

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

H. 3092 -- Reps. Bruce, McBride, Chamblee, Corning, Rama, Vaughn, Sturkie, Kirsh, Farr, Quinn, Marchbanks, Wofford and Waldrop: A BILL TO REPEAL ARTICLE 37, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OF VEHICLES.

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

H. 3303 -- Reps. P. Harris, Waldrop and Wilder: A JOINT RESOLUTION TO DIRECT THE LONG TERM CARE COUNCIL TO STUDY AND DEVELOP A SYSTEM FOR INVESTIGATING AND PROSECUTING ADULT ABUSE, NEGLECT, AND EXPLOITATION, TO CLARIFY THE ROLES AND RESPONSIBILITIES OF THOSE AGENCIES IN THIS SYSTEM, TO PROVIDE FOR AN ADVISORY COMMITTEE TO COLLABORATE ON THE STUDY, AND TO PROVIDE FOR THE COMMITTEE MEMBERSHIP AND STAFFING.

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

H. 3358 -- Rep. Altman: A BILL TO AMEND SECTION 56-5-4090, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LENGTH OF LOAD ON POLE TRAILERS OR CARRIERS, SO AS TO PROVIDE FOR LIMITATIONS DURING DAYLIGHT HOURS.

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

H. 3384 -- Rep. Altman: A BILL TO AMEND SECTION 56-5-4140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROSS WEIGHT OF VEHICLES, SO AS TO PROVIDE THAT CERTAIN VEHICLES MUST DISPLAY THE NAME OF THE OWNER OR OPERATOR ON THE VEHICLE.

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

H. 3411 -- Reps. Gregory, Kirsh, Short, Nettles, Wilkins and J. Brown: A BILL TO AMEND SECTION 40-53-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF POLYGRAPH EXAMINERS, SO AS TO REQUIRE A CURRENT SURETY BOND OR INSURANCE POLICY TO RETAIN LICENSURE; TO AMEND SECTION 40-53-160, RELATING TO LICENSE RENEWAL, SO AS TO PROVIDE FOR EVIDENCE OF A CURRENT BOND OR POLICY OF FIVE THOUSAND DOLLARS; TO REPEAL SECTION 40-53-200 RELATING TO REGISTRATION WITH THE CLERK OF COURT; AND TO REAUTHORIZE THE EXISTENCE OF THE POLYGRAPH EXAMINERS FOR SIX YEARS.

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

H. 3419 -- Reps. Huff and Hodges: A BILL TO AMEND SECTION 20-7-954, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT GENETIC TESTS MUST BE CONDUCTED TO DETERMINE PATERNITY, SO AS TO PROVIDE THAT GENETIC TESTING IS REQUIRED IN ALL CHILD SUPPORT CASES ADMINISTERED UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND DELETE LANGUAGE WHICH WOULD AUTHORIZE THE INDIVIDUAL INVOLVED IN THE TESTING NOT TO COOPERATE FOR GOOD CAUSE WHERE THE COURT DETERMINES THAT THE INDIVIDUAL HAS GOOD CAUSE FOR REFUSING TO SUBMIT TO GENETIC TESTING BECAUSE OF THE POTENTIAL FOR EMOTIONAL OR PHYSICAL HARM TO THE CHILD, TO THE CUSTODIAL PARENT WHERE THE HARM REDUCES THE PERSON'S ABILITY TO CARE FOR THE CHILD, TO THE PUTATIVE PARENT WHERE THE HARM OUTWEIGHS THE CHILD'S INTEREST IN PATERNITY DETERMINATION, OR THE POTENTIAL FOR VIOLATION OF AN OVERRIDING RELIGIOUS BELIEF OF EITHER THE CUSTODIAL OR THE PUTATIVE PARENT.

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

H. 3491 -- Rep. Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1961 SO AS TO PROVIDE THAT, UPON VERIFICATION BY THE COUNTY VETERANS' AFFAIRS OFFICER THAT THE UNITED STATES DEPARTMENT OF VETERANS' AFFAIRS HAS RATED A NONSERVICE-CONNECTED VETERAN AS ENTITLED TO CERTAIN BENEFITS, A PLACARD MUST BE ISSUED PURSUANT TO SECTION 56-3-1960 (FREE PARKING FOR HANDICAPPED PERSONS) WITHOUT THE NECESSITY OF PHYSICIAN'S STATEMENT AND WITHOUT FEES.

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

H. 3618 -- Reps. L. Elliott and Harwell: A BILL TO PROVIDE THAT THE BOARD OF COMMISSIONERS OF THE MARION COUNTY HOSPITAL DISTRICT SHALL CONSIST OF NINE MEMBERS, TO PROVIDE FOR THE APPOINTING PROCESS AND AUTHORITY, AND TO PROVIDE FOR STAGGERING INITIAL TERMS.

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

On motion of Senator McGILL, H. 3618 was ordered to receive a second and third reading on the next two consecutive legislative days.

Senator SETZLER, from the Committee on Education, submitted a favorable with amendment report on:

S. 313 -- Senators Setzler and Mullinax: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-350 SO AS TO REQUIRE THE COMMISSION ON HIGHER EDUCATION TO SUBMIT AN ANNUAL REPORT OF EDUCATIONAL ACHIEVEMENTS OF THE STATE'S PUBLIC, POST-SECONDARY INSTITUTIONS TO THE GOVERNOR AND TO THE GENERAL ASSEMBLY, AND TO PROVIDE FOR THE SPECIFIC INFORMATION TO BE INCLUDED IN THE REPORT.

Ordered for consideration tomorrow.

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

S. 412 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-21-780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON THE DISTRIBUTION OF TOBACCO PRODUCTS, SO AS TO CHANGE THE DUE DATE FOR RETURNS FROM THE TENTH TO ON OR BEFORE THE TWENTIETH DAY OF THE MONTH; TO AMEND SECTION 12-21-820, RELATING TO THE SALE OF BUSINESS LICENSE STAMPS TO NONRESIDENTS, SO AS TO DELETE BOND REQUIREMENTS; TO AMEND SECTION 12-21-3500, RELATING TO BINGO LICENSE REPORTING REQUIREMENTS, SO AS TO EXEMPT CLASS C LICENSES FROM THE REQUIREMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2729, SO AS TO REQUIRE SEPARATE LICENSES FOR COIN-OPERATED DEVICES WHICH TWO OR MORE PERSONS MAY PLAY INDEPENDENTLY; TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-3445 SO AS TO MAKE BINGO TAXES DUE ON OR BEFORE THE TWENTIETH DAY OF THE MONTH AFTER THE MONTH IN WHICH THE TAX ACCRUES; TO AMEND SECTION 12-23-60, RELATING TO THE ELECTRIC POWER TAX RETURNS, SO AS TO CHANGE THE DUE DATE FROM THE TENTH TO ON OR BEFORE THE TWENTIETH DAY OF THE MONTH; TO AMEND SECTIONS 12-23-810 AND 12-23-830, RELATING TO THE TAX ON LICENSED HOSPITALS, SO AS TO DELETE PENALTIES AND INTEREST FROM THE CALCULATION OF TAX REVENUES AND TO DELETE REFERENCES TO PENALTIES, INTEREST, AND THE WAIVER OF PENALTIES AND INTEREST; TO AMEND SECTION 12-27-360, RELATING TO COLLECTION OF DELINQUENT GAS TAXES, SO AS TO PROVIDE FOR COLLECTION PURSUANT TO THE UNIFORM ASSESSMENT AND COLLECTION PROVISION; TO AMEND SECTION 12-31-430, RELATING TO THE REPORTS MADE BY MOTOR CARRIERS FOR PURPOSES OF THE ROAD TAX, SO AS TO CHANGE THE REPORTING DATE FROM THE TENTH DAY TO THE LAST DAY OF EACH REPORTING MONTH; TO AMEND SECTION 58-3-100, AS AMENDED, RELATING TO ASSESSMENTS TO PAY THE EXPENSES OF THE PUBLIC SERVICE COMMISSION, SO AS TO MAKE THE ASSESSMENT DUE ON OR BEFORE THE TWENTIETH DAY OF OCTOBER OF EVERY YEAR; AND TO REPEAL SECTION 61-3-550 SO AS TO DELETE THE BOND REQUIREMENT FOR ALCOHOLIC LIQUOR WHOLESALERS.

Ordered for consideration tomorrow.

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

S. 720 -- Senators Lourie, Wilson and Rose: A CONCURRENT RESOLUTION TO RECOGNIZE LIEUTENANT GENERAL CHARLES HORNER, OF SHAW AIR FORCE BASE, UNITED STATES NINTH AIR FORCE COMMANDER OF FORCES IN OPERATION DESERT STORM, FOR SERVING HIS STATE AND NATION BRAVELY AND WITH DISTINCTION IN THE ALLIED FORCES' EFFORT IN THE MIDDLE EAST TO FREE KUWAIT AND TO INVITE HIM TO ADDRESS A JOINT SESSION OF THE GENERAL ASSEMBLY AT A DATE AND TIME CONVENIENT TO THE LIEUTENANT GENERAL.

Ordered for consideration tomorrow.

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

S. 719 -- Senators Lourie, Wilson and Rose: A CONCURRENT RESOLUTION TO RECOGNIZE GENERAL H. NORMAN SCHWARZKOPF, UNITED STATES ARMY COMMANDER OF THE ALLIED FORCES IN OPERATION DESERT STORM, FOR HIS SUPERIOR AND SUCCESSFUL LEADERSHIP IN THE MIDDLE EAST IN DIRECTING THE MISSION TO FREE KUWAIT AND TO INVITE HIM TO ADDRESS A JOINT SESSION OF THE GENERAL ASSEMBLY AT A DATE AND TIME CONVENIENT TO THE GENERAL.

On motion of Senator MOORE, with unanimous consent, the Concurrent Resolution was taken up for immediate consideration.

Senator LOURIE proposed the following amendment (RES719.01), which was adopted:

Amend the resolution, as and if amended, by adding before the resolving clause the following:

/Whereas, the members of the South Carolina General Assembly are filled with pride in the United States and Allied Forces and the resounding success of Operation Desert Storm; and,

Whereas, the superior strategy and leadership of our commanders in directing the allied mission to free the sovereign nation of Kuwait resulted in a swift and decisive conclusion to the Persian Gulf crisis; and,

Whereas, the members of the South Carolina General Assembly would be privileged and highly honored to host the Chairman of the Joint Chiefs of Staff and the Commander of Operation Desert Storm at a Joint Assembly for the purpose of an address./

Amend the resolution further, as and if amended, by striking all after the resolving clause and inserting the following in lieu thereof:

/That General Colin H. Powell, Chairman of the Joint Chiefs of Staff, and General H. Norman Schwarzkopf, Commander of the Allied Forces of Operation Desert Storm, are hereby invited to address a joint session of the South Carolina General Assembly at a time and date convenient to their schedules. Now, therefore,

Be it further resolved that a copy of this resolution be forwarded to General Powell and General Schwarzkopf./

Amend the resolution, as and if amended, by amending the title to read as follows:

/TO RECOGNIZE THE LEADERSHIP, SKILL, AND COURAGE OF GENERAL COLIN H. POWELL, CHAIRMAN OF THE JOINT CHIEFS OF STAFF, AND GENERAL H. NORMAN SCHWARZKOPF, COMMANDER OF THE ALLIED FORCES OF OPERATION DESERT STORM, AND INVITING THESE GENTLEMEN TO ADDRESS A JOINT SESSION OF THE SOUTH CAROLINA GENERAL ASSEMBLY AT A TIME AND DATE CONVENIENT TO THEIR SCHEDULES./

Senator GIESE moved that the Concurrent Resolution, as amended, be adopted.

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

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

The Concurrent Resolution, as amended, was adopted, ordered sent to the House.

Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:

Appointment, Member, Board of Health and Environmental Control, with term to expire on June 30, 1993:

3rd Congressional District:

Mr. Robert J. Stripling, Jr., Post Office Box 66, Greenville, S.C. 29602 VICE Curie B. Spivey, Jr.

Senator MARTIN, from the Committee on Banking and Insurance, submitted a favorable report on:

Appointment, Member, State Board of Financial Institutions, with term to expire on June 30, 1994:

Initial Appointment - Licensed Consumer Finance/Restricted Lender Mr. Derial L. Ogburn, 21 Carriage Lane, Lugoff, South Carolina 29078

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. 3534 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO PESTICIDE CONTROL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1300, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator PATTERSON assumed the Chair.

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

S. 506 -- Senators Land and Holland: A BILL TO AMEND SECTION 23-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATION OF LAW ENFORCEMENT OFFICERS, SO AS TO ALLOW CANDIDATES FOR CERTIFICATION AS CLASS II-SCO UNDER THE DEPARTMENT OF CORRECTIONS MAY HOLD A VALID CURRENT DRIVER'S LICENSE FROM ANY JURISDICTION.

The PRESIDENT assumed the Chair.

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

S. 190 -- Senator Rose: A BILL DIRECTING THE OPERATIONS AND MANAGEMENT COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE SENATE TO ESTABLISH A PROGRAM TO ORIENT NEWLY ELECTED MEMBERS OF THE GENERAL ASSEMBLY ABOUT THE OPERATIONS OF AGENCIES OF THE STATE OF SOUTH CAROLINA; TO PROVIDE THAT THE PROGRAM SHALL SUPPLEMENT ANY ORIENTATION PROVIDED BY THE HOUSE OR SENATE ABOUT ITS INTERNAL OPERATION; TO PROVIDE THAT THE MEMBERS PARTICIPATING IN THE PROGRAM SHALL BE AUTHORIZED PER DIEM, MILEAGE AND SUBSISTENCE TO BE PAID FROM THE APPROVED ACCOUNTS OF THE HOUSE OR SENATE, RESPECTIVELY; AND TO PROVIDE THAT THE JOINT OPERATIONS AND MANAGEMENT COMMITTEE IMPLEMENT THIS ORIENTATION PROGRAM FOR NEWLY ELECTED MEMBERS IN THE 1992 GENERAL ELECTION AND FOR EVERY GENERAL ELECTION THEREAFTER.

S. 529 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTIONS 12-36-120, 12-36-910, 12-36-920, 12-36-930, 12-36-2120, 12-36-2560, AND 12-36-2650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-36-560, 12-36-570, 12-36-1730, 12-36-1740, 12-36-2660, AND 12-36-2670, SO AS TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS RELATING TO RETAIL LICENSES AND THE CASUAL EXCISE TAX, TO PROVIDE FOR ENFORCEMENT, AND AUTHORIZE THE MEMBERS OF THE TAX COMMISSION OR THEIR DESIGNEES TO ADMINISTER OATHS OR TAKE ACKNOWLEDGMENTS.

H. 3558 -- Reps. Carnell, McAbee, Boan, J.W. Johnson and Foster: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE AUTHORIZATION OF CAPITAL IMPROVEMENT BONDS, SO AS TO INCREASE THE INSTITUTION SIZE FROM EIGHT HUNDRED EIGHT TO ONE THOUSAND, ONE HUNDRED THIRTY BEDS IN THE MEDIUM SECURITY INSTITUTIONS TO BE CONSTRUCTED BY THE DEPARTMENT OF CORRECTIONS INSTEAD OF THE MEDIUM/MAXIMUM INSTITUTION PREVIOUSLY AUTHORIZED, AND TO PROVIDE THAT THE GENERAL ASSEMBLY INTENDS TO AUTHORIZE THE ADDITIONAL FUNDS TO COMPLETE THESE ENLARGED PENAL INSTITUTIONS IN LEGISLATION AUTHORIZING THE ISSUANCE OF ADDITIONAL CAPITAL IMPROVEMENT BONDS DURING THE 1991 SESSION OF THE GENERAL ASSEMBLY.

S. 418 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-36-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "RETAIL SALE" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO PROVIDE THAT THE DEFINITION INCLUDES THE SALE OF FOOD PRODUCTS, OTHER THAN SOFT DRINKS IN CLOSED CONTAINERS, TO VENDERS WHO SELL THE PRODUCTS THROUGH VENDING MACHINES, AND TO PROVIDE THAT THESE VENDERS ARE DEEMED TO BE THE USERS OR CONSUMERS OF THE PRODUCTS; AND TO AMEND SECTION 12-36-2120, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PROVIDE THAT PORTIONS OF THE STANDARD INDUSTRIAL CLASSIFICATION MANUAL MUST BE USED AS AUTHORITY IN DETERMINING QUALIFICATIONS FOR THE EXEMPTION OF MACHINERY USED IN MANUFACTURING.

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 (BR1\1301.HC) was adopted as follows:

Amend the bill, as and if amended, by striking Sections 2 and 3 and inserting:

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

Renumber sections to conform.

Amend title to conform.

Senator WADDELL explained the amendment.

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

S. 508 -- Senators Land and Holland: A BILL TO AMEND SECTION 8-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE FOR STATE EMPLOYEES, SO AS TO LIMIT THE PERIOD OF ADMINISTRATIVE LEAVE WITH PAY TO NINETY DAYS.

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\5221.HC) was adopted as follows:

Amend the bill, as and if amended, in Section 8-11-40, as contained in SECTION 1, line 27, by striking /ninety/ and inserting /one hundred eighty/.

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

S. 474 -- Senator Hayes: A BILL TO AMEND SECTION 12-23-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION OF HOSPITALS LICENSED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO FUND MEDICAID EXPANSION, SO AS TO REQUIRE THAT HOSPITALS LICENSED IN ANOTHER STATE AND DOING BUSINESS IN SOUTH CAROLINA ARE SUBJECT TO THIS TAX AND TO PROVIDE THE BASIS FOR DOING BUSINESS IN SOUTH CAROLINA AND FOR CALCULATING THE TAX; AND TO AMEND SECTION 44-6-170, AS AMENDED, RELATING TO HOSPITAL DATA REPORTING UNDER THE SOUTH CAROLINA MEDICALLY INDIGENT ASSISTANCE ACT, SO AS TO REQUIRE HOSPITALS LICENSED IN ANOTHER STATE AND DOING BUSINESS IN SOUTH CAROLINA TO COMPLY WITH THESE REPORTING REQUIREMENTS.

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.

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.

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\5220.HC) was adopted as follows:

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/SECTION 1. (A) From July 1, 1991, through June 30, 1992, the provisions of Section 12-54-250 of the 1976 Code do not apply and the provisions of subsection (B) of this section apply.

(B) (1) The South Carolina Tax Commission may require, consistent with the cash management policies of the State Treasurer, that any person owing twenty thousand dollars or more in connection with any return, report, or other document to be filed with the commission shall pay the tax liability to the State no later than the date the payment is required by law to be made in funds which are available immediately to the State on the date of payment. Evidence of the payment must be furnished to the commission on or before the due date of the tax as provided by law. Failure to make timely payment in immediately available funds or failure to provide evidence of payment in a timely manner subjects the taxpayer to penalties and interest as provided by law for delinquent or deficient tax payments."

(2) The commission by rule may prescribe alternative periodic filing and payment dates later than the dates otherwise provided by law for any taxes collected by the commission in those instances where it is considered to be in the best interest of the State. An alternative date may not be later than the last day of the month in which the tax was otherwise due.

(3) The commission may prescribe rules and the State Treasurer banking procedures necessary for the administration of the provisions of this section.

(4) Payment by immediately available funds and filing of the return are considered simultaneous acts with respect to penalties and interest for failure to file and failure to pay. Penalties and interest must be calculated based on the later of the return postmark date or payment date.

(5) For the purposes of this section, immediately available funds include cash, certified check, money order, or wire transfers as established by the commission with the approval of the State Treasurer.

(6) Notwithstanding any other provisions of law, a taxpayer making payment by wire transfer shall make the transfer by the second banking day following the statutory due date. Payments made by cash, certified check, or money order must be made on or before the statutory due date and must be delivered by hand to the revenue processing office of the commission./

Renumber sections to conform.

Amend totals and title to conform.

Senator LAND explained the amendment.

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

H. 3178 -- Reps. Chamblee and Cooper: A BILL TO AMEND SECTION 24-3-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF PRODUCTS MANUFACTURED OR PRODUCED BY INMATES AND EXCEPTIONS, SO AS TO PROVIDE FOR ADDITIONAL EXCEPTIONS.

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

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

S. 708 -- Judiciary Committee: A BILL TO ENACT "THE STANDARDS FOR PUBLIC OFFICIALS', PUBLIC MEMBERS', AND PUBLIC EMPLOYEES' CONDUCT ACT OF 1991" SO AS TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND SECTION 7-3-10, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE MEMBERSHIP OF THE COMMISSION; TO AMEND THE 1976 CODE, BY ADDING CHAPTER 27 TO TITLE 7 SO AS TO ENACT "THE SOUTH CAROLINA CAMPAIGN FINANCE ACT"; TO AMEND CHAPTER 13, TITLE 8 OF THE 1976 CODE, RELATING TO ETHICS, CONDUCT, CAMPAIGN PRACTICES, AND DISCLOSURES, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF ETHICS, CONDUCT, FORMS AND REPORTS BY CANDIDATES FOR ELECTION BY THE GENERAL ASSEMBLY, AND DISCLOSURES OF PUBLIC OFFICIALS, PUBLIC MEMBERS, AND PUBLIC EMPLOYEES; TO AMEND TITLE 12, OF THE 1976 CODE, RELATING TO TAXATION, BY ADDING A SECTION SO AS ALLOW A TAXPAYER TO DESIGNATE A TWO-DOLLAR CONTRIBUTION TO THE REGISTERED POLITICAL PARTY OF HIS CHOICE ON HIS STATE INCOME TAX FORM; AND TO AMEND SECTIONS 16-9-210 AND 16-9-220, RELATING TO OFFENSES AGAINST PUBLIC JUSTICE, SO AS TO PROVIDE FOR PENALTIES FOR THE GIVING, OFFERING, OR ACCEPTANCE OF BRIBES.

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

Senator STILWELL asked unanimous consent to make a motion that the amendments to the Bill be considered according to the subject matter of three major categories in the Bill, rather than in the order that the amendments were received on the Desk.

Senator LEATHERMAN objected.

Senator SALEEBY spoke on the Bill.

Senator SALEEBY asked unanimous consent to make a motion that Amendment No. 31 be taken up for immediate consideration.

Senator SHEALY objected.

Senator ROSE spoke on the Bill.

Senator WADDELL asked unanimous consent to make a motion that when the Senate adjourns today, that it stand adjourned to meet on Monday, March 11, 1991, at 2:00 P.M.

Senator LONG objected.

Senator LOURIE requested and was granted a leave of absence for the remainder of the day.

Senator PASSAILAIGUE, with unanimous consent, proposed the following Amendment No. 2 (RES708.01), which was carried over and later withdrawn:

Amend the bill, as and if amended, page 77, SECTION 5, Section 8-13-110, by striking lines 38 through 44, page 78, by striking lines 1 through 44, page 79, by striking lines 1 through 44, page 80, by striking lines 1 through 18, and inserting the following in lieu thereof:

/Section 8-13-110. There is hereby created the State Ethics Commission to be composed of six five members, one two of whom shall be appointed from each congressional district by the Governor, upon the advice and consent of the General Assembly Senate, one of whom shall be appointed by the Speaker of the House of Representatives, one of whom shall be appointed by the President Pro Tempore of the Senate, and one member who is not a member of the Judiciary who shall be appointed by the Chief Justice of the State Supreme Court. No member of the General Assembly or other public official shall be eligible to serve on the State Ethics Commission. Any person who has been a candidate for public official in a partisan election within four years or any person who has been engaged in partisan political activity on behalf of a candidate affiliated with a political party officially recognized pursuant to Title 7 of the 1976 Code within four years of the date of appointment for the relevant office shall be ineligible to serve as a member of the commission. During their term of office, members of the commission are prohibited from engaging in partisan political activity. The terms of the members shall be for four years, which expires on January fifteenth of the appropriate year. Commissioners elected must serve and until their successors are appointed and qualify except of those first appointed, those members appointed from the first, third, and sixth districts shall be appointed for terms of two years only. No member of the commission, including those first appointed, shall serve more than two consecutive four-year terms on the commission. Vacancies shall be filled in the manner of the original appointment for the unexpired portion of the term only. The commission shall elect a chairman, a vice-chairman, and such other officers as it deems necessary. Four Three members of the commission shall constitute a quorum. Members of the Commission commission shall, while serving on business of the commission, receive such per diem, mileage and subsistence as is provided by law for members of boards, committees, and commissions.

As used in this section, partisan political activity includes, but is not limited to, advising, consulting, or fund raising for, whether for compensation or not, any candidate for public official in a partisan election or anyone working on behalf of or consulting or advising a candidate for public official. Partisan political activity shall not include voting in a partisan primary election./

Amend the bill further, as and if amended, by adding a new appropriately numbered SECTION to read as follows:

/SECTION . Notwithstanding any other provisions of this act or the provisions of Section 8-13-110 of the 1976 Code governing the time when a person elected commissioner may perform the duties of his office, members of the State Ethics Commission serving on the effective date of this act shall continue to serve until January 15, 1992, until their successors have been appointed and qualified after which their terms of office end and their successors assume office./

Renumber sections to conform.

Amend title to conform.

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

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

Senators PASSAILAIGUE and ROSE proposed the following Amendment No. 3 (RES708.02), which was adopted:

Amend the bill, as and if amended, page 99, SECTION 5, Section 8-13-490, by striking lines 9 through 34 and inserting the following in lieu thereof:

/agency or department. (A) No former public official, former public member, or former public employee may at any time, subsequent to his public employment or service, assist or represent another person, whether or not for compensation, in any transaction involving the State in which the former public official, former public member, or former public employee at any time directly or substantially participated during public employment or service.

(B) No former public official, former public member, or former public employee may share in any compensation received by another person for assistance that the former public official, former public member, or former public employee is prohibited from rendering under subsection (A) of this section.

(C) No former public official, former public member, or former public employee may, within a period of one year from the date of termination of public employment or service, receive compensation from any private business if: (1) the person, during the two years immediately preceding termination of public employment or service, was engaged in the negotiation or administration on behalf of the board, commission, or agency of one or more contracts with that private business and was in a position to make discretionary decisions affecting the outcome of such negotiation or the nature of such administration, (2) such a contract or contracts have a total value of more than ten thousand dollars, and (3) the duties of the employment by the private business or the activities for which the compensation would be received from the private business include fulfilling or implementing, in whole or in part, the provisions of such a contract or contracts or include the supervision or control of actions taken to fulfill or implement, in whole or in part, the provisions of such a contract or contracts.

(D) No former public official, former public member, or former public employee may accept an offer of employment or receive compensation from any private business if the person knows or has reason to believe that the offer of employment or compensation was intended, in whole or in part, directly or indirectly, as compensation or reward for the performance or nonperformance of a duty by the person during the course of public employment or service.

(E) For the purposes of this section, the term `private business' includes any individual or business that is engaged in business activity in this State or elsewhere. If any individual or business owns or controls two or more businesses, all of the businesses owned or controlled shall be defined as a single private business for the purposes of this section.

(F) This section shall not be construed to prevent a former public official, former public member, or former public employee from rendering assistance to others if the assistance is provided without compensation in any form and is limited to one or more of the following:

(1) Providing the names, addresses, and telephone numbers of state agencies or public employees;

(2) Assisting an individual or nonprofit corporation in obtaining or completing application forms or other forms required by a state agency for the conduct of a state business; or

(3) Providing assistance to the poor and infirm./

Amend the bill further, as and if amended, by adding a new appropriately numbered SECTION to read:

/SECTION . Notwithstanding any other provisions of this act, Section 8-13-490 takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator STILWELL argued contra.

Senator SALEEBY moved to lay the amendment on the table.

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

Bryan Hayes Land
Long Martin Mitchell
Patterson Pope Saleeby
Stilwell

Courson Drummond Giese
Gilbert Helmly Hinds
Hinson Holland Leatherman
Macaulay Martschink Matthews
McConnell McGill Moore
O'Dell Passailaigue Peeler
Reese Rose Russell
Setzler Shealy Smith, J.V.
Smith, N.W. Thomas Waddell
Washington Wilson

The Senate refused to table the amendment.

The question then was the adoption of the amendment.

The amendment was adopted.

Senator PASSAILAIGUE proposed the following Amendment No. 4, (RES708.11), which was tabled:

Amend the bill, as and if amended, page 103, SECTION 5, after line 16, by adding a new section to read as follows:

/Section 8-13-550. A public official convicted of a felony under state or federal law is not eligible for state employee pension benefits. However, a person that becomes ineligible under this section may receive the amount paid into any state retirement plan less any payments made through the date of the exhaustion of all appeals./

Amend the bill further, as and if amended, by adding a new appropriately numbered SECTION to read as follows:

/SECTION . Notwithstanding any other provisions of this act, Section 8-13-550 takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator SALEEBY argued contra.

Senator SALEEBY moved to lay the amendment on the table.

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

Bryan Drummond Fielding
Giese Gilbert Hayes
Helmly Hinds Hinson
Holland Land Leatherman
Long Macaulay Martin
Martschink Matthews McConnell
McGill Mitchell Moore
O'Dell Patterson Peeler
Pope Reese Rose
Russell Saleeby Setzler
Shealy Smith, J.V. Smith, N.W.
Stilwell Thomas Waddell
Washington

Courson Passailaigue Wilson

The amendment was laid on the table.

I voted to table Amendment #4 (RES708.11) to S. 708 because it appears unconstitutional to deprive anyone of pension benefits, or anything else of value, that already have accrued and vested.

I voted to table Amendment #4 inasmuch as the statutory taking of a lawfully earned benefit would, on its face, appear to be an unconstitutional taking under existing decisions of the courts of the United States.

Senator PASSAILAIGUE proposed the following Amendment No. 5 (RES708.12), which was withdrawn:

Amend the bill, as and if amended, page 46, SECTION 3, by striking Section 7-27-450 in its entirety and inserting the following in lieu thereof:

/Section 7-27-450. (A) Contributions by a husband or wife are considered in the aggregate. Contributions given jointly by a husband and wife are not to be attributed proportionately to each spouse.

(B) Contributions by unemancipated children under eighteen years of age are considered contributions by their parents./

Renumber sections to conform.

Amend title to conform.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senators LAND and STILWELL argued contra.

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

Senator PASSAILAIGUE proposed the following Amendment No. 6 (RES708.27). Debate was adjourned on the amendment.

Amend the bill, as and if amended, page 48, SECTION 3, Section 7-27-490, line 3, by striking after the word /cash/ the words /of more than one hundred dollars,/.

Amend the bill further, as and if amended, page 48, SECTION 3, Section 7-27-490, by adding after line 12 the following:

/(C) The provisions of subsection (A) do not preclude an elective official or candidate for elective office from accepting cash contributions, limited to twenty-five dollars per person, for fund-raising events where food or beverages are served or where political merchandise is distributed if the contribution is to defray the cost of the meal, beverage, or political merchandise in whole or in part./

Renumber sections to conform.

Amend title to conform.

Senators PASSAILAIGUE and THOMAS argued in favor of the adoption of the amendment and Senator PATTERSON argued contra.

Senator MATTHEWS moved that debate on the amendment be adjourned.

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

Bryan Fielding Gilbert
Hayes Helmly Holland
Land Long Martin
Matthews McGill Mitchell
Moore O'Dell Passailaigue
Patterson Peeler Pope
Saleeby Smith, J.V. Stilwell
Waddell Washington

Courson Drummond Giese
Leatherman Macaulay Martschink
McConnell Reese Rose
Russell Setzler Shealy
Smith, N.W. Thomas Wilson

Debate was adjourned on the amendment.

Senator MOORE rose to a Point of Personal Privilege.

Senator NELL W. SMITH rose to a Point of Personal Privilege.

Debate was interrupted by recess.

Senator MARTIN requested and was granted a leave of absence beginning at 3:00 P.M. for the remainder of the day.

Senator MITCHELL requested and was granted a leave of absence beginning at 3:00 P.M. for the remainder of the day.

On motion of Senator MOORE, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and confirmed by the Senate, and the same were ordered published in the Journal, to wit:

Appointment, Member, State Board of Financial Institutions, with term to expire June 30, 1994:

Initial Appointment - Licensed Consumer Finance/Restricted Lender

Mr. Derial L. Ogburn, 21 Carriage Lane, Lugoff, S.C. 29078

Appointment, Member, Board of Health and Environmental Control, with term to expire June 30, 1993:

3rd Congressional District:
Mr. Robert J. Stripling, Jr., Post Office Box 66, Greenville, S.C. 29602 VICE Currie B. Spivey, Jr.

Appointment, Member, Saluda County Magistrate, with term to expire April 30, 1994:

Honorable Alphia W. Jones, Route 3, Box 55-B, Saluda, S.C. 29138

Reappointment, Member, Edgefield County Magistrate, with term to expire April 30, 1994:

Don Pugh, Route 1, Box 219, Edgefield, S.C. 29824

Reappointments, Members, Pickens County Magistrates, with terms to expire April 30, 1994:

Stephen B. Graveley, 218 Florence Street, Pickens, S.C. 29671

Dale Dalton, P.O. Box 65, Pickens, S.C. 29671

At 1:35 P.M., on motion of Senator WADDELL, the Senate receded from business until 3:00 P.M.

At 3:16 P.M., the Senate resumed.

Senator WADDELL assumed the Chair.

S. 708 -- Judiciary Committee: A BILL TO ENACT "THE STANDARDS FOR PUBLIC OFFICIALS', PUBLIC MEMBERS', AND PUBLIC EMPLOYEES' CONDUCT ACT OF 1991" SO AS TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND SECTION 7-3-10, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE MEMBERSHIP OF THE COMMISSION; TO AMEND THE 1976 CODE, BY ADDING CHAPTER 27 TO TITLE 7 SO AS TO ENACT "THE SOUTH CAROLINA CAMPAIGN FINANCE ACT"; TO AMEND CHAPTER 13, TITLE 8 OF THE 1976 CODE, RELATING TO ETHICS, CONDUCT, CAMPAIGN PRACTICES, AND DISCLOSURES, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF ETHICS, CONDUCT, FORMS AND REPORTS BY CANDIDATES FOR ELECTION BY THE GENERAL ASSEMBLY, AND DISCLOSURES OF PUBLIC OFFICIALS, PUBLIC MEMBERS, AND PUBLIC EMPLOYEES; TO AMEND TITLE 12, OF THE 1976 CODE, RELATING TO TAXATION, BY ADDING A SECTION SO AS ALLOW A TAXPAYER TO DESIGNATE A TWO-DOLLAR CONTRIBUTION TO THE REGISTERED POLITICAL PARTY OF HIS CHOICE ON HIS STATE INCOME TAX FORM; AND TO AMEND SECTIONS 16-9-210 AND 16-9-220, RELATING TO OFFENSES AGAINST PUBLIC JUSTICE, SO AS TO PROVIDE FOR PENALTIES FOR THE GIVING, OFFERING, OR ACCEPTANCE OF BRIBES.

The Senate resumed consideration of the Bill. The question being the second reading of the Bill.

Senators PASSAILAIGUE and ROSE proposed the following Amendment No. 7 (RES708.04), which was withdrawn:

Amend the bill, as and if amended, page 48, SECTION 3, after line 18, by adding a new section to read:

/Section 7-27-505. A candidate for any state office or the General Assembly, a state office holder, a member of the General Assembly, any candidate, officeholder, or member's candidate committee, a political committee, or any political committee supporting or opposing the candidate, office holder, or member shall not receive or solicit any contribution, or promise of a contribution, while the General Assembly is in session./

Amend the bill further, as and if amended, by adding a new appropriately numbered SECTION to read as follows:

/SECTION . Notwithstanding any other provisions of this act, Section 7-27-505 takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

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

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

Senator HOLLAND requested and was granted a leave of absence until 6:00 P.M. this evening.

On motion of Senator HELMLY, Senator HAYES was granted a leave of absence for the remainder of the day.

The PRESIDENT assumed the Chair.

Senators MOORE, WILLIAMS, PASSAILAIGUE, and ROSE proposed the following Amendment No. 49 (JUD708.3), which was adopted:

Amend the bill, as and if amended, page 48, beginning on line 27, as contained in SECTION 3, by adding a new section to the Code to read as follows:

/"Section 7-27-515. A candidate for or member of the General Assembly, the candidate or member's candidate committee, or a political committee supporting or opposing candidates for or members of the General Assembly shall not conduct a fundraising event, or solicit or receive a contribution while the General Assembly is in session. However, a candidate committee whose candidate has opposition in the primary election may conduct a fundraising event, or solicit or receive a contribution for a period of thirty days while the General Assembly is in session. The thirty-day period shall begin to run ten days after the filing deadline for the elective office for which the candidate is running."/

Amend title to conform.

Senator MOORE argued in favor of the adoption of the amendment and Senator BRYAN argued contra.

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

Senator LEATHERMAN requested and was granted a leave of absence for the remainder of the day.

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

Senator SALEEBY spoke on the amendment.

Senator BRYAN moved to lay the amendment on the table.

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

Bryan Drummond Gilbert
Hinson Martschink Saleeby
Shealy

Courson Fielding Giese
Helmly Hinds Land
Long Macaulay Matthews
McConnell McGill Moore
O'Dell Passailaigue Patterson
Peeler Pope Reese
Rose Russell Setzler
Smith, J.V. Smith, N.W. Stilwell
Thomas Waddell Washington
Wilson

The Senate refused to table the amendment.

The question then was the adoption of the amendment.

The amendment was adopted.

We supported and continue to support a ban on receiving political campaign contributions while the General Assembly is in session and to move the primary dates to September. This effort failed and, therefore, this amendment is better than our current methodology of political fundraising. We will continue to work to ban political contributions while we are in session.

This amendment benefits incumbents but not openness in campaign financing. Such a measure would work against challengers in general. That is why I could not support such a measure.

On motion of Senator PASSAILAIGUE, with unanimous consent, Amendment No. 6 (RES708.27), previously proposed by Senator PASSAILAIGUE was taken up for immediate consideration.

On motion of Senator POPE, with unanimous consent, Amendment No. 74 (RES708.77) proposed by Senators PASSAILAIGUE and POPE was substituted for Amendment No. 6, taken up for immediate consideration and adopted:

Amend the bill, as and if amended, page 48, SECTION 3, Section 7-27-490, lines 3 and 4, by striking after the word /cash/ the words /of more than one hundred dollars/.

Amend the bill further, as and if amended, page 48, SECTION 3, Section 7-27-490, line 6, by striking the word /a contribution/ and inserting the words /an aggregate cash contribution/ in lieu thereof.

Amend the bill further, as and if amended, page 48, SECTION 3, Section 7-27-490, line 12, by striking the words /one hundred/ and inserting /twenty-five/ in lieu thereof.

Amend the bill further, as and if amended, page 48, SECTION 3, Section 7-27-490, by adding after line 12 the following:

/(C) The provisions of subsection (A) do not preclude an elective official or candidate for elective office from accepting cash contributions, limited to twenty-five dollars per person, for fund-raising events where food or beverages are served or where political merchandise is distributed if the contribution is to defray the cost of the meal, beverage, or political merchandise in whole or in part./

Amend the bill further, as and if amended, page 48, SECTION 3, Section 7-27-500, line 16, by striking the words /one hundred dollars, except/ and inserting the following in lieu thereof:

/twenty-five dollars, except as provided by Section 7-27-490(C) or/ Renumber sections to conform.

Amend title to conform.

Senator POPE argued in favor of the adoption of the amendment and Senator BRYAN argued contra.

Senator POPE moved that the amendment be adopted.

The amendment was adopted.

We supported this amendment (Amendment No. 74) as reducing cash contributions, but the best effort would be to ban all cash contributions.

Senators PASSAILAIGUE and ROSE proposed the following Amendment No. 8 (RES708.05), which was adopted:

Amend the bill, as and if amended, page 92, SECTION 5, by adding a new section to read as follows:

/Section 8-13-425. It is unlawful for any person or committee, as defined by Section 7-27-20(6), to offer or give money or anything of value to a candidate for public office for the purpose of encouraging or causing the candidate to switch to a political party other than the political party in which the candidate is a member.

If any such offer or gift is made to such a candidate, the candidate must report the offer or gift and the person or committee who made the offer or gift to the State Ethics Commission within ten days of the offer or gift./

Amend the bill further, as and if amended, by adding a new appropriately numbered SECTION to read:

/SECTION . Notwithstanding any other provisions of this act, Section 8-13-425 takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

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

Senator PASSAILAIGUE moved that the amendment be adopted.

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

Courson Fielding Giese
Gilbert Helmly Hinds
Hinson Land Long
Macaulay Martschink Matthews
McConnell McGill Moore
Passailaigue Patterson Peeler
Pope Reese Rose
Saleeby Setzler Shealy
Smith, J.V. Smith, N.W. Stilwell
Thomas Waddell Washington

Drummond O'Dell Russell
Wilson

The amendment was adopted.

We voted no because the amendment is too broadly worded subjecting candidates to unfair accusations and creating a chilling effect on persons considering party switching. Public officials in South Carolina have switched parties both ways due to philosophy and not for any personal gain.

Senators PASSAILAIGUE and ROSE proposed the following Amendment No. 9 (RES708.06), which was carried over:

Amend the bill, as and if amended, page 50, SECTION 3, by adding a new section to read as follows:

/Section 7-27-735. No person who has been awarded a state contract, other than contracts awarded through state competitive bidding practices, may make a contribution after the awarding of the contract or invest in a financial venture in which an elective official has an interest if that official was in a position to act on the contract's award. No elective official or public employee may solicit campaign contributions or investments in exchange for the prior award of a state contract or the promise of a state contract./

Amend the bill further, as and if amended, by adding a new appropriately numbered SECTION to read as follows:

/SECTION . Notwithstanding any other provisions of this act, Section 7-27-735 takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

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

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

Senator PASSAILAIGUE proposed the following Amendment No. 10 (RES708.07):

Amend the bill, as and if amended, by adding a new appropriately numbered SECTION to read as follows:

/SECTION . Notwithstanding any other provisions of this act, Section 7-27-1710 applies to any contributions solicited or received before or after the effective date of the section./

Amend the bill further, as and if amended, page 116, SECTION 10, lines 26 and 27, by striking after /7-27-1310;/ the following:

/7-27-1710(A), (B), and (C);/

Renumber sections to conform.

Amend title to conform.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator SHEALY argued contra.

Senator STILWELL spoke on the amendment.

Senator DRUMMOND argued contra to the adoption of the amendment.

Senator LAND spoke on the amendment.

Senator GILBERT spoke on the amendment.

Senator SHEALY argued contra to the adoption of the amendment.

Debate was interrupted by adjournment.

Senator SHEALY moved that when the Senate adjourns on Friday, March 8, 1991, it stand adjourned to meet next Tuesday, March 12, 1991 at 10:30 A.M., which motion was adopted.

MOTION ADOPTED
On motion of Senator WADDELL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Mary Ashley Gardner of Orangeburg, beloved daughter of Senator and Mrs. Marshall B. Williams.

At 5:35 P.M., on motion of Senator SHEALY, the Senate adjourned to meet tomorrow at 11:00 A.M.

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