Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:30 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:

As we welcome home our soldiers from the War in the Middle East, hear the word of blessing upon Abraham, the man of faith recorded in the twelfth chapter of Genesis (v. 2):

"And I will make of thee a great nation,

and I will bless thee, and make thy name

great; and thou shalt be a blessing... "
Let us pray.

Almighty God our Father, the God of Abraham, as our Secretary of State James Baker moves among the leaders of the world seeking ways to stabilize the economic and political forces of our world. We pray for Your blessing and guidance upon him that our Nation who led in war may lead in peace.

Help us find our place in the ideological struggle, and be willing to make our stand, and bear witness at our several posts of duty.

We know that there is no safe withdrawal from the fray. Help us to be aware that in this fateful period of history,

"We are watchers of a beacon whose light

must never die;

We are guardians of an altar that shows

Thee ever nigh;

We are children of Thy freemen who sleep

beneath the sod;

For the might of Thine arm we bless Thee,

Our God, our Father's God."

Amen.

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

March 5, 1991
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202

Dear Senator Moore:

This is to confirm the Legislative Reception sponsored by the Consulting Engineers of South Carolina (CESC) and the South Carolina Society of Professional Engineers (SCSPE).

The Reception will be held at the Columbia Museum of Art at the corner of Senate and Bull Street (1112 Bull St.). It is set for April 3, 1991, from 6:00 P.M. to 8:00 P.M.

If you need any additional information, please feel free to call me at 771-4271.

Sincerely,
Consulting Engineers of South Carolina
South Carolina Society of Professional Engineers
Joe S. Jones, III
Executive Director

Referred to the Committee on Invitations.

March 7, 1991
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202

Dear Senator Moore:

On behalf of the Carolina family, it is my pleasure to invite the member of the South Carolina Senate to a reception to welcome Dr. and Mrs. Palms to the University. The reception will be held on April 9, 1991, from 6:00 P.M. until 8:00 P.M., at the President's House, located on the USC Horseshoe.

My colleagues and I look forward to the members of the Senate joining us for this welcoming reception and to the informal fellowship this occasion will make possible.

Sincerely,
G. Flynn Bowie
Associate Vice President and
Director of Alumni Affairs

Referred to the Committee on Invitations.

The following was received and referred to the appropriate committee for consideration:

Document No. 1378
Promulgated By Athletic Commission
Rules Regarding Charitable and Nonprofit Events
Received By Lt. Governor March 11, 1991
Referred to Senate General Committee
120 day review expiration date July 9, 1991

The following was received and referred to the appropriate committee for consideration:

Document No. 1224
Promulgated By Department of Highways and Public Transportation
Approval, Installation and Inspection Procedures of Sunscreening
Received By Lt. Governor February 7, 1990
Referred to Senate Committee on Transportation
120 day review expiration date June 7, 1990
Resubmitted March 11, 1991
Revised Expiration Date March 31, 1991

Senator GILBERT introduced Dr. Conyers O'Bryan of Florence, 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 COURSON, Senator O'DELL was granted a leave of absence until 2:30 P.M. today.

Columbia, S.C., March 7, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

S. 719 -- Senators Lourie, Wilson and Rose: A CONCURRENT RESOLUTION 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.

Returned with concurrence.

Received as information.

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.

Returned with concurrence.

Received as information.

The following were introduced:

S. 747 -- Senators Drummond and Lourie: A CONCURRENT RESOLUTION COMMENDING COACH RED MYERS OF GREENWOOD FOR A CAREER OF HIGHLY SUCCESSFUL INVOLVEMENT IN ATHLETICS AND COACHING AND WISHING HIM HAPPINESS IN HIS RETIREMENT.

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

S. 748 -- Senators Land and Lourie: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS AND THE SECRETARY OF THE UNITED STATES DEPARTMENT OF AGRICULTURE TO ACT TO ASSIST DAIRY FARMERS IN OBTAINING A FAIR PRICE FOR THEIR MILK AND IN PREVENTING UNNECESSARY FINANCIAL HARDSHIPS TO THE FARMERS.

Whereas, the members of the General Assembly are concerned about the plight of South Carolina dairy farmers; and

Whereas, the General Assembly desires to encourage sound economic development through the state's dairy industry; and

Whereas, dairy farmers have been facing cuts in the prices they receive for their milk due primarily to a drop in the Minnesota-Wisconsin Base approved formula price for Class I milk under federal milk-marketing orders; and

Whereas, Section 103(c)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 requires the Secretary of Agriculture to review the formula price mechanism, referred to as the Minnesota-Wisconsin price series, and assess its viability in a report to Congress; and

Whereas, on February 21, 1991, South Carolina Congressman Robin Tallon introduced House Bill 1088, which freezes the basic formula price at not less than the August 1990 price for Class I milk in federal milk-marketing orders until the Secretary of Agriculture files the pricing report; and

Whereas, on February 28, 1991, Vermont Senator Patrick Leahy introduced Senate Bill 520 as a companion to House Bill 1088; and

Whereas, additional emergency assistance may be necessary to enable financially strapped dairy farmers to stay in business. Now, therefore,

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

That the members of the General Assembly memorialize Congress and the Secretary of the United States Department of Agriculture to act by enacting House Bill 1088, investigating the availability of emergency funds for financially strapped dairy farmers, and endeavoring to provide available funding.

Be it further resolved that a copy of this resolution be forwarded to the members of the South Carolina Congressional delegation, Congressman E. de La Garza, Chairman of the United States House of Representatives Agriculture Committee, and Senator Patrick Leahy, Chairman of the United States Senate Committee on Agriculture, Nutrition and Forestry.

Referred to the Committee on Agriculture and Natural Resources.

S. 749 -- Senators Land, Passailaigue and Courson: A CONCURRENT RESOLUTION DIRECTING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ORDER LAIDLAW ENVIRONMENTAL SERVICES TO CEASE OPERATIONS OF ACCEPTING AND DISPOSING OF HAZARDOUS WASTE IN ITS PINEWOOD LANDFILL FACILITY UNTIL SUCH TIME AS A COMPLETE INSPECTION OF THE FACILITY IS MADE BY THE DEPARTMENT FOR LEAKS AND OTHER DETERMINATIONS.

Whereas, Laidlaw Environmental Services has reported to the Department of Health and Environmental Control (DHEC) that a sixty foot berm has collapsed and a protective plastic liner has ruptured at its Pinewood hazardous waste landfill; and

Whereas, thousands of tons of hazardous waste are stored at the Pinewood facility; and

Whereas, the escape of any hazardous materials from the facility could cause irreversible environmental damage to the surrounding area; and

Whereas, it is imperative to have the landfill facility thoroughly inspected to assure that no possibility of leakage and resulting environmental damage exists; and

Whereas, it is the duty of state government to protect and safeguard the health of the citizens and the environment of the State of South Carolina. Now, therefore,

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

That the General Assembly of South Carolina direct the Department of Health and Environmental Control to order Laidlaw Environmental Services to cease operations of accepting and disposing of hazardous waste at its Pinewood landfill facility until such time as a complete inspection of the facility is made by DHEC for leaks, until it is determined what repairs are necessary to assure that any existing leaks are sealed and that no new leaks will occur, and until any environmental damage that has occurred as a result of the collapsed berm and ruptured liner has been corrected.

Senator LAND spoke on the Resolution.

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

Senators DRUMMOND and J. VERNE SMITH objected.

Referred to the Committee on Medical Affairs.

S. 750 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-31-460 SO AS TO PROVIDE THAT THE STATE OR ANY POLITICAL SUBDIVISION SHALL ALLOW FORMER RIPARIAN LAND OWNERS ACCESS TO THE INLAND WATERWAYS WHICH ARE ASSOCIATED WITH THEIR FORMER OWNERSHIP.

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

S. 751 -- Senator Reese: A BILL TO PROVIDE THAT THE MAXIMUM RATE OF TRAVEL FOR MOTOR VEHICLES ON INTERSTATE HIGHWAY I-26 BETWEEN CLINTON AND SPARTANBURG (SPECIFICALLY, BETWEEN MILE MARKERS NO. 23 AND NO. 55) IS SIXTY-FIVE MILES PER HOUR, AND TO REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ERECT APPROPRIATE SPEED LIMIT MARKERS.

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

S. 752 -- Senators Lourie and Courson: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 617 OF 1990, RELATING TO THE TASK FORCE TO STUDY HOMELESSNESS, SO AS TO PROVIDE ADDITIONAL MEMBERS AND CHANGE THE DATES FOR THE PRESENTATION OF THE TASK FORCE'S INTERIM AND FINAL REPORTS.

Senator LOURIE spoke on the Bill.

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

On motion of Senator LOURIE, with unanimous consent, S. 752 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 3301 -- Reps. Boan and McElveen: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO CORRECT THE DISPARATE TREATMENT OF INSURED AND SELF-FUNDED HEALTH CARE BENEFITS BY PERMITTING STATE REGULATION OF SELF-FUNDED HEALTH CARE PLANS.

Whereas, the 1974 Federal Employee Retirement Income Security Act subjects "insured" health care plans to state regulation while exempting "self-funded" health care plans; and

Whereas, the preemption provision of this federal act prevents the General Assembly from enacting laws to protect participants of "self-funded" plans who may not be protected adequately under the limited federal standards; and

Whereas, the lack of state regulation places participants of "self-funded" health care plans at a greater risk than those enrolled in "insured" plans. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina memorialize Congress to correct the disparate treatment of "insured" and "self-funded" health care benefits by permitting state regulation of "self-funded" health care plans.

Be it further resolved that a copy of this resolution be forwarded to the members of this state's congressional delegation.

Referred to the Committee on Banking and Insurance.

H. 3428 -- Rep. Baxley: A CONCURRENT RESOLUTION URGING THE UNITED STATES DEPARTMENT OF JUSTICE TO DENY PRISONER OF WAR STATUS TO MANUEL NORIEGA.

Whereas, America is free because of her Armed Forces' veterans, and the citizenry of this country has historically shown their gratitude to those valiant men and women of our armed services who have died while protecting our freedom; and

Whereas, the courage, the endurance of adversities, and physical and mental torturing by enemy captors, and the sacrifices made by America's brave service members must always be honored; and

Whereas, many thousands of South Carolinians have given their lives for their country in World War I, World War II, the Korean Conflict, and the Vietnam War, and over 685,000 United States citizens have given their lives nationally during these hostilities; and

Whereas, there were over 8,500 service members left behind somewhere in North Korea -- either as Prisoners of War or Missing in Action; and, the Vietnam War ended in 1973 and today there are still more than 2,300 POW/MIA's unaccounted for from that war; and

Whereas, there are even civilian POW's who served in the Philippines who are not eligible for POW status; and

Whereas, our service members and former Prisoners of War, who have given their lives for this country, are laid to rest in places known and unknown throughout this country and around the world; and

Whereas, tribute must continue to be paid to those POW's who served the cause of freedom and lost their freedom -- for they know, the price of freedom is never free; and

Whereas, to grant Manuel Noriega Prisoner of War status and the resultant benefits is a travesty and makes a mockery of the sacrifices of our Armed Forces members; and

Whereas, there has not been a recent state of war declaration between the United States and the country of Panama; and

Whereas, Manuel Noriega was not brought to this country as a military prisoner or state official, but rather under federal criminal indictment as a fugitive from the American justice system; and

Whereas, at the present time, American heroes are being held as prisoners of war on foreign soil; and

Whereas, the members of the South Carolina General Assembly, by this resolution, would also like to demonstrate their unwavering support for the members of our Armed Services, especially the POW's and MIA's. Now, therefore,

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

That the General Assembly of the State of South Carolina urges the United States Department of Justice to reexamine its preliminary agreement with Manuel Noriega's attorneys and to deny the Prisoner of War status and any and all related entitlement to Manuel Noriega.

Be it further resolved that the General Assembly of the State of South Carolina urges the United States Department of Justice to treat Mr. Noriega as a suspected criminal, in violation of U. S. Federal drug-trafficking charges.

Be it further resolved that the General Assembly of the State of South Carolina also urges the U.S. Department of Justice to continue to work with the government of Panama to arrive at a waiver to any and all entitlements, benefits, or any type of remuneration, which might result from the granting of Prisoner of War status under the terms of the Geneva Convention of 1949, should that be determined.

Be it further resolved that copies of this resolution be forwarded to the U.S. Department of Justice, the National Security staff, the presiding officers and the majority and minority leaders of both Houses of the Congress of the United States, to the Secretary of the Senate and the Clerk of the House of Representatives of the Congress of the United States, to the South Carolina members of the U.S. Congress, and to Mr. John Northrup, Legislative Chairman, South Carolina Department of American Ex-Prisoners of War.

Referred to the Committee on Judiciary.

H. 3663 -- Charleston Delegation: A CONCURRENT RESOLUTION RECOGNIZING AND EXPRESSING APPRECIATION TO LINKS, INC., AND ITS SOUTHERN AREA MEETING IN CHARLESTON, MARCH 21-24, 1991, FOR OUTSTANDING ACTIVITIES TO IMPROVE THE QUALITY OF LIFE OF ALL CITIZENS.

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

H. 3673 -- Rep. Houck: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 14, 1991, FOR ITS ANNUAL STATE HOUSE MEETING.

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

That Palmetto Boys State may use the chambers of the Senate and the House of Representatives on Friday, June 14, 1991, for its annual State House meeting. If either house is in statewide session, the chamber of that house may not be used.

Be it further resolved that the State House security forces provide such assistance and access as is necessary for this meeting in accordance with previous procedures.

Be it further resolved that no expenses may be charged to Palmetto Boys State for the use of these chambers.

Referred to the Committee on Invitations.

H. 3674 -- Rep. McCain: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF MARCH, 1991, AS NATIONAL NUTRITION MONTH IN SOUTH CAROLINA.

Whereas, in response to growing public interest in fitness, diet, and nutrition National Nutrition Week was initiated in 1973 and became a month-long observance in 1980; and

Whereas, South Carolinians spend millions of dollars annually in the pursuit of health and fitness, National Nutrition Month is dedicated to helping the public establish nutritionally sound eating habits and make informed food choices; and

Whereas, the theme of this month-long effort to increase awareness of the importance and pleasure of a healthy lifestyle is "Bite Into A Healthy Lifestyle"; and

Whereas, the South Carolina Dietetic Association is a statewide nonprofit organization with over 450 registered dietitians and nutritionists, whose members represent a range of practical areas including public health, sports nutrition, corporate wellness, diet counseling for weight management, cholesterol reduction, pediatric nutrition, eating disorders, and food service management in hospitals, long-term health care facilities, education, and research; and

Whereas, programs and services offered by the South Carolina Dietetic Association include the establishment and enforcement of standards for academic training and practice in clinical nutrition, food service management, and community dietetics. The SCDA also sponsors a number of continuing education programs for its members throughout the year; and

Whereas, the SCDA is active in recruiting students to the field of nutrition. In South Carolina, Winthrop College, Clemson University, and South Carolina State College offer four-year and six-year programs in nutrition. Now, therefore,

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

That the month of March, 1991, is designated National Nutrition Month in South Carolina.

Be it further resolved that a copy of this resolution be forwarded to Barbara McCann, M.S., R.D., president of the South Carolina Dietetic Association and chief dietitian at Orangeburg-Calhoun Regional Hospital.

Referred to the Committee on Invitations.

H. 3675 -- Reps. Baxley, G. Brown, Gentry, McElveen, McLeod, Rudnick, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Beasley, Beatty, Bennett, Boan, H. Brown, J. Brown, Bruce, Burch, Burriss, Carnell, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Cromer, D. Elliott, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Glover, Gonzales, Gregory, Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Houck, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Keegan, Keesley, Kempe, Keyserling, Kinon, Kirsh, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McAbee, McCain, McCraw, McGinnis, McKay, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Rogers, Ross, Scott, Sharpe, Sheheen, Shirley, Short, Smith, Snow, Stoddard, Sturkie, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION COMMENDING AND THANKING THE HONORABLE C. ALEX HARVIN, JR., OF CLARENDON COUNTY FOR HIS ELEVEN YEARS OF OUTSTANDING SERVICE ON THE SOUTH CAROLINA MENTAL HEALTH COMMISSION, EXTENDING BEST WISHES FOR HAPPINESS FOLLOWING HIS RETIREMENT FROM THE COMMISSION, AND DESIGNATING HIM AS VICE CHAIRMAN EMERITUS OF THE COMMISSION.

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

H. 3676 -- Reps. Baxley and Beasley: A CONCURRENT RESOLUTION TO COMMEND THE CITY OF HARTSVILLE ON THE OCCASION OF ITS ANNUAL CHRISTMAS IN APRIL COMMUNITY EVENT WHERE HOMES OF THE ECONOMICALLY DISADVANTAGED ARE REPAIRED IN A COMMON EFFORT TO HELP PEOPLE IN NEED AND TO COMMEND EACH OF THE BUSINESSES, CHURCHES, CIVIC GROUPS, AND INDIVIDUALS WHO DONATE THEIR TIME, TALENTS, AND MONEY TO THIS WORTHY PROJECT.

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

H. 3140 -- Rep. Rama: A BILL TO AMEND SECTION 16-17-446, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMATICALLY DIALED ANNOUNCING DEVICES, SO AS TO PROHIBIT THE DEVICES.

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

H. 3176 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-50 SO AS TO PROHIBIT THE USE OF A FAX MACHINE TO TRANSMIT WITHIN THE STATE UNSOLICITED ADVERTISING MATERIAL, AND TO PROVIDE FOR A CIVIL PENALTY AND INJUNCTIVE RELIEF.

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

H. 3183 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-11-140 SO AS TO PROHIBIT THE COPYING OF A CREDIT CARD ACCOUNT NUMBER WHEN A CREDIT CARD IS PRESENTED FOR CHECK IDENTIFICATION.

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

H. 3369 -- Rep. Rhoad: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASONS FOR SMALL GAME, SO AS TO REQUIRE THE HUNTING OF RACCOON IN GAME ZONE 11 AT NIGHT AND DEFINE NIGHT.

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

H. 3376 -- Rep. Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4185 SO AS TO REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ISSUE AN OPEN END OR ANNUAL PERMIT FOR THE USE ON THE PUBLIC HIGHWAYS OF COTTON MODULAR VEHICLES WITHOUT LIMITATION AS TO WIDTH, PROVIDE A FEE FOR THE PERMIT, AUTHORIZE REGULATIONS, CREATE A MISDEMEANOR OFFENSE, AND PROVIDE A PENALTY.

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

H. 3622 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO DEFINITION OF TERMS APPLYING TO PRIVATE NURSING PRACTICE FOR REGISTERED NURSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1265, 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. 3623 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WIC VENDOR REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1236, 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. 3641 -- Rep. Harvin: A BILL TO AMEND SECTION 50-11-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO DECLARE AN AREA IN CLARENDON COUNTY AS A SANCTUARY.

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

H. 3647 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO ENFORCEMENT OF MOTOR VEHICLE EXPRESS WARRANTIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1303, 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. 3648 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO MORTGAGE LOAN BROKER CERTIFICATE OF REGISTRATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1305, 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. 3649 -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND SECTION 50-11-390, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT REGARDING ANTLERLESS DEER, SO AS TO REVISE THE DEPARTMENT'S AUTHORITY AND RELATED PENALTIES.

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

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

S. 70 -- Senators Rose and Wilson: A BILL TO AMEND CHAPTER 1, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-450, RELATING TO EDUCATION, SO AS TO REQUIRE ALL PUBLIC SCHOOLS TO COMMENCE EACH SCHOOL DAY WITH THE "PLEDGE OF ALLEGIANCE".

Ordered for consideration tomorrow.

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

S. 193 -- Senator Rose: A CONCURRENT RESOLUTION TO MEMORIALIZE THE DEPARTMENT OF EDUCATION TO REQUEST THAT PUBLIC SCHOOL DISTRICTS IN SOUTH CAROLINA REQUIRE THE CURRICULUM OF ALL PUBLIC SCHOOLS TO INCLUDE, AMONG OTHER THINGS, STUDIES IN THE DUTIES AND OBLIGATIONS OF CITIZENSHIP.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable with amendment report on:

S. 371 -- Senator Setzler: A BILL TO AMEND SECTION 29-5-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE THAT THE AGGREGATE AMOUNT OF ANY LIENS FILED BY A SUB-SUBCONTRACTOR OR SUPPLIER AGAINST A SUBCONTRACTOR TO WHOM THE SUB-SUBCONTRACTOR OR SUPPLIER HAS SUPPLIED LABOR, MATERIAL, OR SERVICES SHALL NOT EXCEED THE AMOUNT DUE BY THE CONTRACTOR TO THAT SUBCONTRACTOR; AND TO AMEND SECTION 29-5-60, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE FOR A PRORATED PAYMENT TO LIENORS IN THE EVENT THE AMOUNT DUE A SUBCONTRACTOR BY THE CONTRACTOR IS INSUFFICIENT TO PAY ALL LIENORS.

Ordered for consideration tomorrow.

Senator SETZLER, from the Committee on Education, submitted a majority favorable, and Senator STILWELL, a minority unfavorable report on:

S. 407 -- Senators Leatherman, Rose, McConnell, Pope and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-45 SO AS TO PROHIBIT ISSUING OF DRIVERS' LICENSES TO RESIDENTS UNDER SEVENTEEN YEARS OF AGE WHO ARE NOT HIGH SCHOOL GRADUATES OR DO NOT HAVE A G.E.D. CERTIFICATE OR WHO DO NOT PROVIDE DOCUMENTATION THAT THEY ARE PROPERLY ENROLLED IN SCHOOL AND IN COMPLIANCE WITH ATTENDANCE REQUIREMENTS, TO REQUIRE THE ATTENDANCE SUPERVISOR OR HIS DESIGNEE TO PROVIDE ENROLLMENT STATUS DOCUMENTATION TO PERSONS AT LEAST FIFTEEN YEARS OF AGE ON A FORM PRESCRIBED BY THE STATE DEPARTMENT OF EDUCATION IN CONSULTATION WITH THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, TO REQUIRE ATTENDANCE SUPERVISORS TO NOTIFY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION OF PERSONS WHO WITHDRAW FROM SCHOOL AND REQUIRE THE DEPARTMENT TO SUSPEND THE LICENSE OF SUCH PERSONS UPON TEN DAYS WRITTEN NOTICE, TO PROVIDE THE METHOD FOR A PERSON WHOSE LICENSE IS SUSPENDED TO HAVE THE LICENSE REINSTATED, TO DEFINE WITHDRAWAL FROM SCHOOL, TO PROVIDE FOR A PERSONAL OR FAMILY HARDSHIP WAIVER, AND TO PROVIDE THAT AN SR-22 DOES NOT HAVE TO BE FILED FOLLOWING REINSTATEMENT OF A DRIVER'S LICENSE SUSPENDED PURSUANT TO THIS SECTION.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

S. 513 -- Senators Drummond, J. Verne Smith and Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 IN TITLE 40, RELATING TO PROFESSIONS AND OCCUPATIONS, SO AS TO REVISE AND RECODIFY THE LAW RELATING TO THE REGISTRATION OF ENGINEERS AND LAND SURVEYORS BY THE SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS AND PROVIDE PENALTIES FOR VIOLATIONS, TO REPEAL CHAPTER 21, TITLE 40 OF THE 1976 CODE, RELATING TO THE REGISTRATION OF ENGINEERS AND LAND SURVEYORS, TO PROVIDE FOR THE CONTINUATION OF REGULATIONS PROMULGATED UNDER PRIOR LAW, TO AUTHORIZE A FEE FOR THE TEMPORARY REGISTRATION OF ENGINEERS, TO PROVIDE FOR THE CONTINUATION IN OFFICE OF THE MEMBERS OF THE SOUTH CAROLINA STATE BOARD FOR REGISTRATION OF ENGINEERS AND LAND SURVEYORS, AND TO SAVE PROCEEDINGS BEFORE THE BOARD ARISING UNDER PRIOR LAW.

Ordered for consideration tomorrow.

Senators HELMLY and ROSE, from the Berkeley Delegation, submitted a favorable report on:

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.

Ordered for consideration tomorrow.

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

An invitation from the Chamber to attend the I-85 Business Belt Barbeque at the State House (on the South Lawn) from 11:00 A.M. - 3:00 P.M. on Tuesday, March 19, 1991.

The invitation was accepted.

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

An invitation from the Society of the Plastics Industry, Inc. to attend a reception on Tuesday, March 19, 1991, from 6:00 - 8:00 P.M. at Stadium Place, 1210 Bluff Road.

The invitation was accepted.

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

An invitation from the National Rifle Assn. of America to attend a reception on Tuesday, March 19, 1991, from 8:00 - 10:00 P.M. at the Marriott Hotel.

The invitation was accepted.

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

An invitation from Santee Cooper to attend a luncheon on Wednesday, March 20, 1991, at 1:30 P.M. or upon adjournment at the Capital City Club.

The invitation was accepted.

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

An invitation from the S.C. Medical Assn. to attend a Reception on Wednesday, March 20, 1991, from 6:30 - 9:00 P.M. at the Capital City Club.

The invitation was accepted.

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

An invitation from WIFE to attend a breakfast in the Main Lobby of the State House on Thursday, March 21, 1991, from 9:00 - 11:00 A.M.

The invitation was accepted.

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

An invitation from the S.C. AFL-CIO to attend a catfish supper on Tuesday, March 26, 1991, from 6:00 - 8:00 P.M., at the S.C. Army National Guard on Bluff Road.

The invitation was accepted.

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

An invitation from the S.C. Assn. for Counseling and Development to attend a reception from 6:00 - 8:00 P.M. at the Capital City Club.

The invitation was accepted.

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. 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.

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.

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.

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

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

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. 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.

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.

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

H. 3600 -- Reps. Sheheen, Baxley and Burch: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE FORMATION OF SINGLE-MEMBER SCHOOL DISTRICTS IN KERSHAW COUNTY.

(On motion of Senator HOLLAND)

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.

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

The amendment proposed by the Committee on Education (EDU313.1) was adopted as follows:

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

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

SECTION 1. The 1976 Code is amended by adding:

"Section 59-101-350. (A) The Commission on Higher Education shall submit an annual report to the Governor and to the General Assembly. The annual report must be published prior to January fifteenth of each year beginning in 1993 and presented in a readable format so as to easily compare with peer institutions in South Carolina and other Southern Regional Education Board states the state's public, post-secondary institutions. Prior to publication, the Commission on Higher Education shall distribute a draft of the report to all public, post-secondary institutions and shall allow comment upon the draft report. The Commission on Higher Education shall develop and adopt a format for the report and shall insure consistent reporting and collecting of the data in the report by the institutions.

(B) Each four-year, post-secondary institution shall submit to the commission the following information for inclusion in the report, with the South Carolina Department of Corrections' students identified and reported separately:

(1) the number and percentage of accredited programs and the number and percentage of programs eligible for accreditation;

(2) the number and percentage of undergraduate and graduate students who completed their degree program;

(3) the percent of lower division instructional courses taught by full-time faculty, part-time faculty, and graduate assistants;

(4) the percent and number of students enrolled in remedial courses and the number of students exiting remedial courses and successfully completing entry-level curriculum courses;

(5) the percent of graduate and upper division undergraduate students participating in sponsored research programs;

(6) placement data on graduates;

(7) the percent change in the enrollment rate of students from minority groups and the change in the total number of minority students enrolled over the past five years;

(8) the percent of graduate students who received undergraduate degrees at the institution, within the state, within the United States, and from other nations;
(9) the number of full-time students who have transferred from a two-year, post-secondary institution and the number of full-time students who have transferred to two-year, post-secondary institutions; (10) student scores on professional examinations with detailed information on state and national means, passing scores, and pass rates, as available, and with information on such scores over time, and the number of students taking each exam; and

(11) Appropriate information relating to each institution's role and mission.

(C) Each two-year, post-secondary institution shall submit to the commission the following information for inclusion in the report:

(1) the number and percentage of accredited programs and the number and percentage of programs eligible for accreditation;

(2) the number and percentage of undergraduate students who completed their degree program;

(3) the percent of courses taught by full-time faculty members, part-time faculty, and graduate assistants;

(4) placement rate on graduates;

(5) the percent change in the enrollment rate of students from minority groups and the change in the total number of minority students enrolled over the past five years; and

(6) the number of students who have transferred into a four-year, post-secondary institution and the number of students who have transferred from four-year, post-secondary institutions.

(7) Appropriate information relating to the institution's role and mission;

(D) The Commission on Higher Education also shall develop with the cooperation of the public, post-secondary institutions, a uniform set of questions to be included in surveys to be used by each public, post-secondary institution in determining alumni satisfaction. The survey instruments must address the issues of overall satisfaction, satisfaction with major instruction, impact of general education, and current societal participation of alumni. Every two years the graduating class of three years prior must be surveyed by each institution using appropriate statistical techniques. Information from these surveys must be included every two years in the annual report as required herein.

(E) The Commission on Higher Education shall make no funding recommendation, capital outlay recommendation, distribution or certification on behalf of any public, post-secondary institution that has not submitted the information required pursuant to this section.

(F) After discussions with the institutions, the Commission on Higher Education in consultation with the House Education and Public Works Committee and the Senate Education Committee shall develop the format for the higher education report as required herein.

(G) The Commission on Higher Education is required to submit an annual report on the progress of institutions of higher education in implementing assessment programs, and in their achievement of effectiveness goals."

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

Amend title to conform.

Senator SETZLER explained the amendment.

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. 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.

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/5431.HC) was adopted as follows:

Amend the bill, as and if amended, in Section 12-23-60, as contained in Section 6, page 4, by striking /twentieth/ on line 30 and inserting /fifteenth/.

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 a third reading with notice of general amendments.

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.

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

The amendment proposed by the Committee on Corrections and Penology (COR 3178.1) was adopted as follows:

Amend the bill, as and if amended, page 2, line 29, by inserting the words /develop guidelines to/ after the word /shall/.

Amend title to conform.

On motion of Senator POPE, the Bill was carried over

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.

Senator GIESE moved that the Concurrent Resolution 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 Resolution was adopted and sent to the House.

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.

Senator WADDELL objected to further consideration to the Bill.

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.

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

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.

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

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 12:00 Noon and the following Acts and Joint Resolutions were ratified:

(R9) 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.

(R10) S. 165 -- Senator Pope: AN ACT TO AMEND SECTION 33-14-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REINSTATEMENT OF A CORPORATION FOLLOWING ADMINISTRATIVE DISSOLUTION, SO AS TO PROVIDE THAT A CORPORATION MAY APPLY TO THE SECRETARY OF STATE FOR REINSTATEMENT AT ANY TIME AFTER THE EFFECTIVE DATE OF DISSOLUTION, RATHER THAN "WITHIN TWO YEARS" AFTER THE EFFECTIVE DATE OF DISSOLUTION; TO PROVIDE THAT THIS CHANGE IS APPLICABLE TO ALL CORPORATIONS IN A STATE OF DISSOLUTION AT THE TIME THIS ACT BECOMES EFFECTIVE, REGARDLESS OF THE EFFECTIVE DATE OF DISSOLUTION; AND TO AMEND SECTION 33-4-102, RELATING TO RESERVING A CORPORATE NAME, SO AS TO PROVIDE THAT THE NAME OF A CORPORATION ADMINISTRATIVELY DISSOLVED IS NOT SUBJECT TO RESERVATION FOR A PERIOD OF TWO YEARS FROM THE DATE THE SECRETARY OF STATE SENDS A COPY OF THE CERTIFICATE OF DISSOLUTION TO THE CORPORATION.

(R11) 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.

(R12) 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.

(R13) 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.

(R14) S. 187 -- Senator McConnell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-3245 SO AS TO PROVIDE THAT NO ARCHITECT OR ENGINEER PERFORMING DESIGN WORK PURSUANT TO A CONTRACT AWARDED UNDER THE CONSOLIDATED PROCUREMENT CODE MAY PERFORM OTHER WORK ON THAT PROJECT AS A CONTRACTOR OR SUBCONTRACTOR EITHER DIRECTLY OR THROUGH A BUSINESS IN WHICH THE ARCHITECT, ENGINEER, OR HIS ARCHITECTURAL OR ENGINEERING FIRM HAS GREATER THAN A FIVE PERCENT INTEREST.

(R15) S. 596 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATIONS AND STANDARDS (CRITERIA FOR TOXIC SUBSTANCES TO PROTECT HUMAN HEALTH), DESIGNATED AS REGULATION DOCUMENT NUMBER 1313, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R16) H. 3510 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE INSURANCE DEPARTMENT, RELATING TO VALUATION OF INVESTMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1355, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R17) 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.

(R18) H. 3509 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE INSURANCE DEPARTMENT, RELATING TO LIFE REINSURANCE AGREEMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1354, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R19) 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.

(R20) 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.

(R21) H. 3188 -- Rep. Wilkins: AN ACT TO AMEND ACT 1329 OF 1968, AS AMENDED, RELATING TO THE CREATION OF THE GREENVILLE COUNTY RECREATION DISTRICT, SO AS TO CHANGE THE FISCAL YEAR OF THE DISTRICT FROM THE YEAR USED BY GREENVILLE COUNTY TO A FISCAL YEAR BEGINNING JANUARY FIRST AND ENDING DECEMBER THIRTY-FIRST.

(R22) 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.

(R23) H. 3240 -- Reps. Boan and McElveen: AN ACT TO AMEND SECTION 38-31-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE ADDITIONAL POWERS PERTAINING TO MAXIMUM ASSESSMENTS ON ACCOUNTS OF PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION MEMBERS AND TO INSURANCE EMERGENCIES OR CATASTROPHES.

(R24) H. 3499 -- Reps. Altman and Snow: AN ACT 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.

(R25) H. 3261 -- Reps. Koon and Wright: AN ACT TO DECLARE PLEASURE ISLAND ROAD IN LEXINGTON COUNTY A PUBLIC RIGHT-OF-WAY.

(R26) H. 3177 -- Reps. Cooper and Chamblee: AN ACT 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.

(R27) H. 3302 -- Rep. Burch: AN ACT TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM ROAD S-13-153 IN CHESTERFIELD COUNTY.

(R28) H. 3065 -- Reps. P. Harris, Carnell, J. Harris, Mattos and Corning: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-20-385 SO AS TO PROVIDE THE POWERS AND DUTIES OF COUNTY MENTAL RETARDATION BOARDS.

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 adoption of Amendment No. 10 (RES708.81) previously proposed by Senator PASSAILAIGUE as follows:

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 118, SECTION 12, lines 33 and 34, by striking after /7-27-1310;/ the following:

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

Renumber sections to conform.

Amend title to conform.

Senator SHEALY argued contra to the adoption of the amendment.

Senator SETZLER moved under Rule 18 to divide the question.

The question was divided as follows:

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./

The question was the adoption of the first portion of the amendment.

Senators SALEEBY and SHEALY argued contra to the adoption of the first portion of the amendment and Senator PASSAILAIGUE argued in favor of the adoption of the first portion of the amendment.

Senator DRUMMOND argued contra to the adoption of the first portion of the amendment.

Senator WILLIAMS moved to lay the first portion of the amendment on the table.

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

Courson Drummond Fielding
Giese Gilbert Helmly
Hinson Lourie Martschink
Mitchell Patterson Peeler
Russell Saleeby Shealy
Smith, J.V. Stilwell Waddell
Williams Wilson

Bryan Hinds Holland
Land Leatherman Macaulay
McConnell McGill Moore
Passailaigue Pope Reese
Rose Setzler Smith, N.W.
Thomas Washington

The first portion of the amendment was laid on the table.

Senator LAND argued contra to the first portion of the amendment being laid on the table.

Having voted on the prevailing side, Senator MITCHELL moved to reconsider the vote whereby the first portion of the amendment was laid on the table.

Senator GILBERT moved to table the motion to reconsider the vote whereby the first portion of the amendment was tabled.

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

Courson Drummond Giese
Gilbert Lourie Martschink
Mitchell Russell Saleeby
Shealy Smith, J.V. Stilwell
Waddell Williams Wilson

Bryan Fielding Helmly
Hinds Holland Land
Leatherman Macaulay Matthews
McConnell McGill Moore
Passailaigue Patterson Peeler
Pope Reese Rose
Setzler Smith, N.W. Thomas
Washington

The Senate refused to table the motion to reconsider the vote whereby the first portion of the amendment was tabled.

The question then was the motion to reconsider the vote whereby the first portion of the amendment was tabled.

Senator DRUMMOND argued contra to the motion to reconsider.

Senator MACAULAY raised a Point of Order that the motion to reconsider is a nondebatable motion.

The President sustained the Point of Order.

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

Bryan Fielding Helmly
Hinds Holland Land
Leatherman Macaulay Matthews
McConnell Mitchell Moore
Passailaigue Patterson Peeler
Pope Setzler Smith, N.W.
Thomas Washington

Courson Drummond Giese
Gilbert Hinson Lourie
Martschink McGill Reese
Rose Russell Saleeby
Shealy Smith, J.V. Stilwell
Waddell Williams Wilson

The motion to reconsider was adopted.

The question then was the adoption of the first portion of the amendment.

Senator DRUMMOND argued contra to the adoption of the first portion of the amendment.

Senator THOMAS asked unanimous consent to make a motion that the amendment be carried over.

Senator MOORE objected.

Senator DRUMMOND argued contra to the adoption of the first portion of the amendment.

On motion of Senator LOURIE, with unanimous consent, debate was interrupted by recess, Senator DRUMMOND retaining the floor.

At 1:00 P.M., on motion of Senator LOURIE, with unanimous consent, the Senate receded from business until 2:00 P.M.

At 2:19 P.M., the Senate resumed.

Senator MOORE assumed the Chair.

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

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 adoption of the first portion of Amendment No. 10.

Senator DRUMMOND argued contra to the adoption of the first portion of the amendment.

On motion of Senator THOMAS, with unanimous consent, Amendment No. 10 was carried over.

I voted not to permit a politician to transfer funds collected for one race to another race, Amendment No. 10 (RES708.81), because citizens may support one candidate for one office and another candidate for another office. To permit the candidate for the first office to use the money collected for that office to run for the second office would be a use of those funds for which they were not intended when contributed, and could create a direct conflict of interest for the contributing citizen when the contribution is converted.

I would prefer to encourage citizen participation rather than encourage a breach of trust as to campaign contributions collected from those citizens just to further the ambition and/or cupidity of a politician.

I voted not to table the first part of Amendment No. 10 (RES708.81) applying Section 7-27-1710 to any contributions solicited or received before or after the effective date of the section, and voted not to table a motion to reconsider this amendment, for the following reasons: citizens contribute money for a candidate to run for election to a particular office for which he/she has declared he/she is a candidate, and not for a different office; and it is a misuse of funds contributed to a candidate for one purpose to be used for another purpose.

Despite the above, I voted to reconsider this amendment so that I could hear more discussion. I did so for the following reasons: it arguably may be assumed that citizens intended their contributions to a candidate to be used to support that candidate's general political career rather than just election to a specific office, especially since South Carolina law has permitted past contributions to be used by a candidate for election to any office and for any purpose; and it arguably is unfair to retroactively change the law to prohibit use for future campaigns by a candidate of funds that very well might have been contributed by citizens for the purpose of allowing that candidate to use the funds for different campaigns and with full knowledge that South Carolina law permitted the use of the contributed funds to run for different offices.

I find these competing arguments very difficult to resolve, and would welcome the opportunity to obtain more information and hear more debate on this issue.

Senator MARTSCHINK proposed the following Amendment No. 13 (RES708.84), which was tabled:

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

/SECTION . The 1976 Code is amended by adding:

"Section 56-7-60. It is unlawful for an elected or appointed official of a state agency, department, or instrumentality to use his position to cancel, revoke, or influence the result in any proceeding regarding a traffic ticket issued under Section 56-7-10. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than ten years. A person convicted under this section must forfeit his office."/

Renumber sections to conform.

Amend title to conform.

Senator MARTSCHINK explained the amendment.

Senator SHEALY asked unanimous consent to make a motion that Amendment No. 13 be carried over.

Senator HINDS objected.

Senator WILLIAMS argued contra to the adoption of the amendment.

Senator WILLIAMS moved to lay the amendment on the table.

The amendment was laid on the table.

Senator SALEEBY requested and was granted a leave of absence for Friday and Monday.

Senator WASHINGTON requested and was granted a leave of absence for the remainder of today.

Senator MARTSCHINK proposed the following Amendment No. 15 (RES708.86), which was amended and later adopted:

Amend the bill, as and if amended, page 94, SECTION 5, by adding after line 44 a new section to read as follows:

/Section 8-13-455. A member of the General Assembly may not serve in any capacity as a member of a state board or commission./

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

/SECTION . The Code Commissioner is directed to delete all references to legislative members serving in any capacity as a member of a state board or commission./

Renumber sections to conform.

Amend title to conform.

Senator SALEEBY raised a Point of Order that the amendment is out of order inasmuch as it is not germane to the Bill.

Senator BRYAN spoke on the Point of Order.

Senator THOMAS spoke on the Point of Order.

Senator ROSE spoke on the Point of Order.

Senator MARTSCHINK spoke on the Point of Order.

The ACTING PRESIDENT overruled the Point of Order.

Senator SALEEBY moved to lay the amendment on the table.

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

Fielding Hayes Holland
Land Lourie Matthews
McGill Mitchell Patterson
Saleeby Waddell Washington
Williams

Bryan Courson Drummond
Giese Gilbert Helmly
Hinson Leatherman Macaulay
Martschink McConnell Moore
Passailaigue Peeler Reese
Rose Russell Setzler
Shealy Smith, J.V. Smith, N.W.
Stilwell Thomas Wilson

The Senate refused to table the amendment.

The question then was the adoption of the amendment.

Senator WILLIAMS moved under Rule 15A to fix a time certain no later than 4:00 P.M. on Thursday, March 14, 1991, to vote on the entire matter of S. 708.

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

Courson Fielding Giese
Gilbert Hayes Helmly
Hinds Holland Lourie
Macaulay Matthews McGill
Mitchell Moore Patterson
Pope Reese Saleeby
Smith, N.W. Stilwell Waddell
Washington Williams

Bryan Drummond Hinson
Land Leatherman Martschink
McConnell Passailaigue Peeler
Rose Russell Setzler
Shealy Smith, J.V. Thomas
Wilson

The motion, having failed to receive the necessary vote, failed.

Senator THOMAS spoke on the amendment.

Senator MARTSCHINK asked unanimous consent to make a motion that the amendment be amended.

Senator HINDS objected.

Senator THOMAS continued speaking on the amendment.

Senator LOURIE made a Parliamentary Inquiry as to whether or not unanimous consent is required for an amendment to be substituted for an amendment under consideration.

The ACTING PRESIDENT stated that such a motion would require unanimous consent.

Senator THOMAS continued speaking on the amendment.

Senator THOMAS asked unanimous consent to make a motion that the amendment be amended.

Senator HINDS objected.

Senator ROSE made a Parliamentary Inquiry as to whether or not unanimous consent is required to perfect an amendment under consideration.

Senator SHEALY spoke on the amendment.

Senator BRYAN raised a Point of Order that the next order of business when Senator THOMAS relinquished the floor, was the amendment to the amendment.

The ACTING PRESIDENT overruled the Point of Order and stated that Amendment No. 15, which has been published, is the amendment under consideration.

Senator SHEALY spoke on Amendment No. 15.

Senator SHEALY proposed the following Amendment No. 15A (RES708.150) by Senator MARTSCHINK, which was adopted:

Amend the amendment, bearing document number RES708.86, as and if amended, line 7, after the word /commission/ by inserting the following:

/, except for the Budget and Control Board, the Legislative Audit Council, the Advisory Commission on Intergovernmental Relations, and the Legislative Council/

Renumber sections to conform.

Amend title to conform.

Senator MITCHELL argued contra to the adoption of Amendment No. 15A and Senator ROSE argued in favor of the adoption of Amendment No. 15A.

Senators MATTHEWS and HOLLAND argued contra to the adoption of Amendment No. 15A and Senator ROSE argued in favor of the adoption of Amendment No. 15A.

Senator DRUMMOND argued in favor of the adoption of Amendment No. 15A.

Senator MARTIN moved to lay Amendment No. 15A on the table.

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

Holland Land Lourie
Martin Matthews Mitchell
Patterson Saleeby

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

The Senate refused to table Amendment No. 15A.

The PRESIDENT assumed the Chair.

The question then was the adoption of Amendment No. 15A.

Senator MITCHELL argued contra to the adoption of Amendment No. 15A and Senator ROSE argued in favor of adoption.

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

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

Fielding Mitchell Patterson
Saleeby

Amendment No. 15A was adopted.

The question then was the adoption of Amendment No. 15, as amended.

Senator WILLIAMS moved to lay the amendment on the table.

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

Fielding Hinds Holland
Land Martin Matthews
McGill Mitchell Patterson
Reese Saleeby Williams

Bryan Drummond Giese
Helmly Leatherman Macaulay
Martschink McConnell Moore
Passailaigue Peeler Pope
Rose Russell Setzler
Shealy Smith, J.V. Smith, N.W.
Stilwell Thomas Wilson

The Senate refused to table Amendment No. 15.

The question then was the adoption of Amendment No. 15, as amended.

Senator MARTIN argued contra to the adoption of Amendment No. 15, as amended.

Senator SALEEBY, with unanimous consent, was granted leave to address the body with brief remarks.

Senator MARTSCHINK, with unanimous consent, was granted leave to address the body with brief remarks.

Senator MOORE, with unanimous consent, was granted leave to address the body with brief remarks.

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

Bryan Courson Drummond
Giese Helmly Leatherman
Macaulay Martschink McConnell
McGill Moore Passailaigue
Peeler Pope Reese
Rose Russell Setzler
Shealy Smith, J.V. Smith, N.W.
Stilwell Thomas Wilson

Fielding Gilbert Hinds
Holland Land Martin
Matthews Mitchell Patterson
Saleeby Waddell Williams

Amendment No. 15, as amended, was adopted.

Senator MATTHEWS requested and was granted a leave of absence beginning at 5:00 P.M. for the remainder of the day.

Senator DRUMMOND requested and was granted a leave of absence from 4:30 - 9:00 P.M. today.

Senator MITCHELL requested and was granted a leave of absence from 4:30 - 7:00 P.M. today.

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

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

Senator MARTSCHINK proposed the following Amendment No. 17 (RES708.88):

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

/SECTION . Section 7-11-15(1), (2), and (3) of the 1976 Code are amended to read:

"(1) candidates seeking nomination by political party primary and political party convention for a statewide, congressional, or district office which includes more than one county, shall file their statement of candidacy with the State Executive Committee of their respective party between noon on April sixteenth July first and noon on April thirteenth July fifteenth and those candidates seeking nomination by political party primary and political party convention for the state Senate, House of Representatives, a countywide, or less than countywide office shall file their statement of candidacy with the county executive committee with their respective party between noon March sixteenth June first and noon March thirtieth June fifteenth;

(2) candidates seeking nomination by petition for a statewide, congressional, or district office which includes more than one county shall file their statement of candidacy with the State Election Commission between noon April sixteenth July first and noon April thirtieth July fifteenth;

(3) those candidates seeking nomination by petition for office of state Senate, House of Representatives, a countywide, or less than countywide office shall file their statement of candidacy with the county election commission in the county of their residence between noon March sixteenth June first and noon March thirtieth June fifteenth."/

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

/SECTION . The first two paragraphs of Section 7-11-210 of the 1976 Code are amended to read:

"Every candidate for selection as a nominee of any a political party for any a state office, United States Senator, member of Congress or solicitor, to be voted for in any party primary election, shall file with and place in the possession of the treasurer of the state committee by twelve o'clock noon on April thirtieth July fifteenth a notice or pledge in the following form, the blanks being properly filled in and the notice or pledge signed by the candidate: `I hereby file my notice as a candidate for the nomination as _____________ in the primary election to be held on _______________. I affiliate with the ____________ Party, and I hereby pledge myself to abide by the results of the primary. and I authorize the issuance of an injunction upon ex parte application by the party chairman, as provided by law, should I violate this pledge by offering or campaigning in the ensuing general election for election to this office or any other office for which a nominee has been elected in the party primary election, unless the nominee for any such the office has become deceased died or is otherwise disqualified for election in the ensuing General Election.'

Every candidate for selection in a primary election as the nominee of any a political party for members of the Senate, member of the House of Representatives and all county and township offices shall file with and place in the possession of the county chairman or such other officer as may be named by the county committee of the county in which they reside by twelve o'clock noon on March thirtieth June fifteenth a like similar notice and pledge."/

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

/SECTION . Section 7-13-40 of the 1976 Code is amended to read:

"Section 7-13-40. In the event that If a party shall nominate nominates candidates by party primary election, a party primary election must be held by the party on the second fourth Tuesday in June August of each general election year and a second and third primary election each two weeks successively thereafter, if necessary."/

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senator MARTSCHINK spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator MARTSCHINK explained Amendment No. 17.

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

At 4:50 P.M., on motion of Senator WILLIAMS, the Senate receded from business not to exceed ten minutes.

At 5:05 P.M., the Senate resumed.

Senator WILLIAMS asked unanimous consent to make a motion that the Senate agree to accept amendments on the desk for an additional thirty minutes, at which time no further amendments will be accepted on second reading of the Bill and, further, that debate on each amendment would be limited to a total of ten minutes for proponents and to a total of ten minutes for opponents.

Senator SHEALY objected.

Senator THOMAS moved under Rule 15A to fix a time certain at 4:00 P.M. on Thursday, March 14, 1991, to vote on the entire matter of S. 708.

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed to accept amendments on the desk for an additional thirty minutes, at which time no further amendments will be accepted on second reading of the Bill and, further, that debate on each amendment would be limited to a total of ten minutes for proponents and to a total of ten minutes for opponents.

Senator THOMAS withdrew the motion to fix a time certain to vote on the entire matter of S. 708.

The question then was the adoption of Amendment No. 17.

Senator GILBERT moved to lay the amendment on the table.

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

Fielding Gilbert Hayes
Hinds Hinson Holland
Land Leatherman Martin
Patterson Saleeby Williams

Bryan Courson Giese
Helmly Lourie Macaulay
Martschink McConnell McGill
Moore O'Dell Passailaigue
Peeler Pope Rose
Russell Setzler Shealy
Smith, J.V. Smith, N.W. Thomas
Waddell Wilson

The Senate refused to table Amendment No. 17.

The question then was the adoption of Amendment No. 17.

Senator LOURIE argued contra to the adoption of the amendment.

On motion of Senator SETZLER, with unanimous consent, debate was interrupted by adjournment, Senator LOURIE retaining the floor.

At 5:26 P.M., on motion of Senator SETZLER, the Senate adjourned to meet tomorrow at 11:00 A.M.

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