Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

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

Beloved, hear the word from the Book of Job (11:7-18):

"Can you fathom the mysteries of God?

Can you probe the limits of the Almighty?

..........

Yet if you devote your heart to Him...

You will be secure, because there is hope..."
Let us pray.

Lord God, whom the early scriptures call the "Ancient of Days", yet who is our ever-present Lord of Life in our days: we lift our hearts to Thee for help in our pursuit of the knowledge of the facts... and wisdom to put the data together... that will bring us to satisfying conclusions concerning many complicated issues before us.

Penetrate, O Lord, the darkness of our shadowed human scene with Thy divine light and truth. When our way is cloudy, illumine our path.

Give us graciousness as well as strength... patience as well as resoluteness.

Above all the voices that we shall hear this week, help us to hear Your voice speaking to our consciences.

We pray in the Name of the God that cared for Job!

Amen.

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

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

Bryan Courson 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 Smith, J.V. Smith, N.W.
Stilwell Thomas Waddell
Washington Williams Wilson

The Senate resumed.

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

March 7, 1991
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Appointment, Member, State Commission on Higher Education, At Large-Governor's, with term to expire July 26, 1994:

Mr. Henry D. McMaster, Post Office Box 7337, Columbia, S.C. 29202 Vice Roger Henderson

Referred to the Committee on Education.

Appointment, Member, Barnwell County Board of Voter Registration, At Large, with term to expire March 15, 1992:

Ms. Helen A. Joyner, 3 Mansfield Drive, Williston, S.C. 29853 Vice Janet H. Bodiford (resigned)

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

Mr. Rufus E. Ferguson, Post Office Box 421, Fairfax, S.C. 29827

Mr. James Phillip Dedmon, 301 North Main Street, Allendale, S.C. 29810

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

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

Senator LOURIE requested and was granted a leave of absence for today from 12:00 Noon until 2:00 P.M.

Senator LOURIE introduced Dr. Daniel Davis of Columbia, S.C., Doctor of the Day.

S. 512 -- Senators Land and Holland: A BILL TO AMEND SECTION 16-3-1530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO MAKE THEIR CURRENT ADDRESS AND TELEPHONE NUMBER CONFIDENTIAL, SUBJECT TO DISCLOSURE ONLY BY COURT ORDER.

On motion of Senator WILLIAMS, with unanimous consent, the Bill was recalled from the Committee on Judiciary.

On motion of Senator WILLIAMS, with unanimous consent, the Bill was taken up for immediate consideration.

Senator WILLIAMS spoke on the Bill.

The Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

The following were introduced:

S. 772 -- Senators Wilson, Courson, Russell, Stilwell, Giese, Peeler, McConnell, Martschink, Shealy, Thomas and Rose: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE JEANNIENE P. ROSS OF BLACKVILLE IN BARNWELL COUNTY.

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

S. 773 -- Senators Wilson, Courson and Leatherman: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE ALMA P. LIVINGSTON.

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

S. 774 -- Senator Pope: A SENATE RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE SENATE CHAMBERS ON FRIDAY, JUNE 14, 1991, FROM 2:00 P.M. TO 4:00 P.M. AND ON SATURDAY, JUNE 15, 1991, FROM 9:00 A.M. TO 12:00 NOON, FOR ITS ANNUAL STATE HOUSE MEETING.

Be it resolved by the Senate:

That Palmetto Girls State may use the chambers of the Senate on Friday, June 14, 1991, from 2:00 p.m. to 4:00 p.m. and on Saturday, June 15, 1991, from 9:00 a.m. to 12:00 noon, for its annual State House meeting. If the Senate is in statewide session on either day, the chamber may not be used on that day.

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 Girls State for the use of the Senate chamber.

Referred to the Committee on Invitations.

S. 775 -- Senator Saleeby: A CONCURRENT RESOLUTION TO WELCOME DR. JOHN MICHAEL PALMS BACK TO SOUTH CAROLINA AND TO THE UNIVERSITY OF SOUTH CAROLINA AND TO WISH HIM WELL AS HE LEADS THIS GREAT INSTITUTION TO CONTINUE ON ITS WELL-RESPECTED COURSE OF EXCELLENCE IN EDUCATION.

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

S. 776 -- Senator Pope: A BILL TO AMEND ACT 603 OF 1990, RELATING TO THE REQUIREMENT THAT THE ANNUAL AUDIT OF THE OFFICES OF THE COUNTY ASSESSOR, AUDITOR, TREASURER, AND TAX COLLECTOR BE CONDUCTED IN ACCORDANCE WITH THE STANDARDS SET BY THE COMPTROLLER GENERAL OF THE UNITED STATES AND VARIOUS AMENDMENTS TO THE REVENUE BOND ACT FOR UTILITIES, SO AS TO CHANGE THE EFFECTIVE DATES FOR THOSE AMENDMENTS TO THE SECTIONS CONTAINED IN THE REVENUE BOND ACT FOR UTILITIES.

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

S. 777 -- Senator Fielding: A BILL TO AMEND SECTION 61-3-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS PROHIBITED IN RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO EXCEPT THE STORAGE AND SALE OF PACKAGES CONTAINING ALCOHOLIC LIQUORS AND GLASSWARE OR MIXERS, OR BOTH, PROVIDED BY THE MANUFACTURER.

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

S. 778 -- Senators Moore, Setzler and Shealy: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR AIKEN COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF AIKEN COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION AND PROVIDE A TRANSITION PERIOD.

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

Senator MARTIN, from the Committee on Banking and Insurance, submitted a majority favorable and Senator MOORE a minority unfavorable report on:

S. 470 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A BILL TO AMEND SECTION 37-4-203, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORMS AND SCHEDULES OF CONSUMER CREDIT INSURERS, AND SECTION 34-29-160, AS AMENDED, RELATING TO INSURANCE ON SECURITY AND THE BORROWER UNDER THE CONSUMER FINANCE LAW, SO AS TO REDUCE THE RATE FOR COVERAGE.

Ordered for consideration tomorrow.

Senator MARTIN, from the Committee on Banking and Insurance, submitted a majority favorable with amendment and Senator MOORE a minority unfavorable report on:

S. 607 -- Senators Setzler, Martin, Saleeby, Fielding, O'Dell, Matthews, Mitchell, Hinds, Giese, Holland, Land, Waddell, Courson, Hayes and Nell W. Smith: A BILL TO AMEND SECTION 37-1-301, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL DEFINITIONS IN REGARD TO THE CONSUMER PROTECTION CODE, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 37-2-202, AS AMENDED, RELATING TO ADDITIONAL CREDITOR CHARGES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-203, RELATING TO DELINQUENCY CHARGES ON CONSUMER CREDIT SALES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-303, RELATING TO NOTICES TO CO-SIGNERS AND SIMILAR PARTIES ON CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-2-305, RELATING TO FILING AND POSTING OF MAXIMUM RATE SCHEDULES IN REGARD TO CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR RATE SCHEDULES IN REGARD TO VARIABLE RATES AND TO PROVIDE THE DATE BY WHICH CERTAIN CREDITOR FILING FEES ARE DUE; TO AMEND SECTION 37-2-306, RELATING TO NOTICE OF ASSUMPTION OF RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR ENGAGED IN MAKING CONSUMER LOANS PURSUANT TO SELLER CREDIT CARDS SHALL MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-104, RELATING TO THE DEFINITION OF A CONSUMER LOAN, SO AS TO REVISE THIS DEFINITION; TO AMEND SECTION 37-3-105, RELATING TO FIRST MORTGAGE REAL ESTATE LOANS, SO AS TO CORRECT AN IMPROPER REFERENCE; TO AMEND SECTION 37-3-202, AS AMENDED, RELATING TO ADDITIONAL LENDER CHARGES, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-203, RELATING TO DELINQUENCY CHARGES ON CERTAIN CONSUMER LOANS, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-303, RELATING TO NOTICE TO CO-SIGNERS AND SIMILAR PARTIES ON CERTAIN CONSUMER LOANS, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-3-305, AS AMENDED, RELATING TO THE FILING AND POSTING OF MAXIMUM RATE SCHEDULES BY CREDITORS, SO AS TO FURTHER PROVIDE FOR THIS FILING AND POSTING IN REGARD TO VARIABLE RATES; TO AMEND SECTION 37-3-306, RELATING TO NOTICE OF ASSUMPTION RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR MAKING CONSUMER LOANS PURSUANT TO A LENDER CREDIT CARD MUST MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-510, RELATING TO RESTRICTIONS ON AN INTEREST IN LAND AS SECURITY, SO AS TO EXEMPT CERTAIN OPEN-END CREDIT AGREEMENTS FROM THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 37-4-203, RELATING TO FILING AND APPROVAL OF CREDIT INSURANCE PREMIUM RATES AND CHARGES, SO AS TO REVISE CERTAIN CREDIT LIFE INSURANCE PREMIUMS WHICH MAY BE CHARGED; TO AMEND SECTION 37-6-108, RELATING TO ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO FURTHER PROVIDE FOR THE VIOLATIONS WHICH ARE SUBJECT TO ACTIONS BY THE ADMINISTRATOR AND TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE CERTAIN ADMINISTRATIVE PENALTIES; TO AMEND SECTION 37-6-113, RELATING TO CIVIL ACTIONS BY THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THE CONDITIONS UNDER WHICH A CIVIL PENALTY MAY BE IMPOSED; TO AMEND SECTION 37-6-117, RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES REGARDING CONSUMER PROTECTION OF THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THESE ADMINISTRATIVE RESPONSIBILITIES; TO AMEND SECTION 37-6-203, RELATING TO FEES TO BE PAID TO THE ADMINISTRATOR, SO AS TO CLARIFY THE FEE DUE BY PERSONS ALSO ENGAGED IN MAKING CONSUMER RENTAL-PURCHASE AGREEMENTS; TO AMEND SECTION 37-10-102, AS AMENDED, RELATING TO ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL PURPOSES, SO AS TO DELETE CERTAIN CREDITOR DISCLOSURE STATEMENT REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 37-10-107 SO AS TO PROHIBIT A PERSON FROM MAINTAINING AN ACTION FOR RELIEF REGARDING THE BORROWING OF MONEY UNDER CERTAIN SPECIFIED CONDITIONS; TO AMEND SECTION 39-61-100, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR UNDER THE MOTOR CLUB SERVICES ACT, SO AS TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE PENALTIES; TO AMEND SECTION 40-39-150, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR IN REGARD TO PAWNBROKERS, SO AS TO AUTHORIZE THE ADMINISTRATOR TO ISSUE CEASE AND DESIST ORDERS; TO AMEND SECTION 44-79-80, RELATING TO THE FUNCTIONS AND POWERS OF THE ADMINISTRATOR IN REGARD TO THE PHYSICAL FITNESS SERVICES ACT, SO AS TO FURTHER PROVIDE FOR THESE POWERS AND INCREASE THE FEES FOR CERTIFICATES OF AUTHORITY ISSUED BY THE ADMINISTRATOR; AND TO REPEAL SECTION 37-6-114 RELATING TO THE PROHIBITION AGAINST JURY TRIALS IN ACTIONS BROUGHT BY THE ADMINISTRATOR UNDER THE CONSUMER PROTECTION CODE.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

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

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

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.

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.

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

The following House Bill was read the third time, passed and ordered returned to the House with 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.

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.

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

The amendment proposed by the Committee on Education (RES193.01) was adopted as follows:

Amend the resolution, as and if amended, by striking /require/ on page 1, line 26 and inserting /encourage/.

Amend the resolution further, as and if amended, by striking /require/ on page 1, line 36 and inserting /encourage/.

Amend the resolution further, as and if amended, by inserting on page 2, line 1 after the word /instruction/ the following:

/should also be encouraged to/.

Renumber sections to conform.

Amend title to conform.

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

S. 743 -- Senators Holland, Hayes, Long and Patterson: 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.

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

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".

On motion of Senator GIESE, 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 SHEALY, with unanimous consent, was granted leave to address the body with brief remarks.

Senator THOMAS proposed the following Amendment No. 38 (DKA\3223.AL), which was tabled:

Amend the bill, as and if amended, by striking Section 8-13-820 of the 1976 Code beginning on page 110, line 28, and inserting:

/Section 8-13-820. Any statement of economic interests or negative report thereon filed under chapter act shall be on forms prescribed by the State Ethics Commission, and the person filing the statement shall report:

(1) By name, of all offices, directorships and fiduciary relationships held by such person, where an economic interest exists.

(2) A brief description of all real estate in which he or a member of his household has any interest, direct or indirect, including options to buy, if such interest can reasonably be expected to be a conflict of interest with his public position.

(3) The nature, source and amount of all fees, compensation and benefits of any nature received directly from the State or any administrative agency or department thereof; or directly from the county, district, or political subdivision he represents or any subdivision thereof.

(A) Each person filing a report pursuant to Section 8-13-810 shall include a full and complete statement containing:

(1) name, business or government address, and work place telephone number;

(2) source, type, and amount of earned income from any source, excluding salary derived from current employment in state or local government, received during the preceding calendar year in the aggregate of five hundred dollars or more in value, specifically a retainer, consultant fees, commission, or legal fee paid to the public official or employee, partner, associate, officer, or employee or a member of the person's firm, partnership, or business enterprise paid by a regulated industry, lobbyist, lobbyist principal, or client with a direct interest in legislation during the preceding calendar year;

(3) source and type of unearned income consisting of dividends, interest, rent, and capital gains received during the preceding calendar year exceeding one hundred dollars in the amount or value and within which category it falls:

(a) not more than one thousand dollars;

(b) greater than one thousand dollars but not more than two thousand, five hundred dollars;

(c) greater than two thousand, five hundred dollars but not more than five thousand dollars;

(d) greater than five thousand dollars but not more than fifteen thousand dollars;

(e) greater than fifteen thousand dollars but not more than fifty thousand dollars;

(f) greater than fifty thousand dollars but not more than one hundred thousand dollars; or

(g) greater than one hundred thousand dollars;

(4) the source and brief description of any gifts of transportation, lodging, food, or entertainment in the aggregate of two hundred fifty dollars or more in value received from any source other than a relative of the reporting individual during the preceding year, excluding gifts with a fair market value of fifty dollars or less and food, lodging, or entertainment received as personal hospitality of an individual;

(5) the source, a brief description, and the value of all gifts other than transportation, lodging, food, or entertainment in the aggregate of fifty dollars or more in value received from any source other than a relative of the reporting individual during the preceding calendar year, excluding gifts with a fair market value of thirty-five dollars or less;

(6) the source and a brief description of reimbursements received from any source in the aggregate of two hundred fifty dollars or more in value and received during the preceding calendar year;

(7) the identity and category of value of an interest in property held during the preceding calendar year in a trade or business, or for investment or for the production of income, which has a fair market value which exceeds one thousand dollars as of the close of the preceding calendar year, excluding any personal liability owed to the reporting individual by a relative and any deposits in the aggregate of five thousand dollars or less in a personal savings account. A personal savings account includes a certificate of deposit or other forms of deposit in a bank, savings and loan association, credit union, or a similar financial institution;

(8) the identity and category of value of the total liabilities owed to a creditor, other than a relative, which exceeds five thousand dollars at any time during the preceding calendar year including a revolving charge account with an outstanding liability exceeding five thousand dollars as of the close of the preceding calendar year, and excluding a mortgage secured by real property which is a personal residence of the reporting individual or his spouse or a loan secured by a personal motor vehicle, household furniture, or appliances, which does not exceed the purchase price of the item which secures it;

(9) a brief description, the date, and a category of value of a purchase, sale, or exchange during the preceding year which exceeds one thousand dollars in real property, other than property used solely as a personal residence of the reporting individual or his spouse or stocks, bonds, commodities future, or other forms of securities excluding a transaction solely by and between the reporting individual, his spouse, or dependent children;

(10) all positions held on or before the date of filing during the current calendar year as an officer, director, trustee, partner, proprietor, representative, employee, or consultant of a corporation, company, firm, partnership, or other business enterprise, a nonprofit organization, a labor organization, or an educational institution excluding positions held in any religious, social, fraternal, or political entity and positions solely of an honorary nature;

(11) a description, the date, parties to, and terms of an agreement or arrangement for future employment, a leave of absence during the period of the reporting individual's government services, or continuation of payments by a former employer.

(B) The categories of value for reporting the financial information required by items (7), (8), and (9) of subsection (A) of this section are:

(1) not more than five thousand dollars;

(2) greater than five thousand dollars, but not more than fifteen thousand dollars;

(3) greater than fifteen thousand dollars but not more than fifty thousand dollars;

(4) greater than fifty thousand dollars but not more than one hundred thousand dollars;

(5) greater than one hundred thousand dollars but not more than two hundred fifty thousand dollars;

(6) greater than two hundred fifty thousand dollars.

(C) For the purposes of this section, if the current value of an interest in real property or an interest in a real estate partnership is not ascertainable without an appraisal, an individual may list the date of purchase and purchase price of the interest in real property or the assessed value of the real property for tax purposes. If the current value of any other item required to be reported is not ascertainable without an appraisal, the individual may list the book value of a corporation whose stock is not traded publicly, the net worth of a business partnership, the equity value of an individually owned business, or for other holdings, any recognized indication of value. A full and complete description of the method used in determining the value must be included in the report./

Amend title to conform.

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

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

Senator STILWELL argued contra to the adoption of the amendment.

Senator STILWELL moved to lay the amendment on the table.

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

Bryan Drummond Gilbert
Hayes Helmly Hinson
Leatherman Long Martin
Martschink McConnell Mitchell
Moore Pope Rose
Russell Shealy Smith, N.W.
Stilwell Waddell Williams

Courson Fielding Giese
Hinds Holland Land
Macaulay Matthews McGill
O'Dell Passailaigue Patterson
Peeler Reese Setzler
Smith, J.V. Thomas Washington
Wilson

The amendment was laid on the table.

Senator THOMAS proposed the following Amendment No. 39 (DKA\3224.AL), which was tabled:

Amend the bill, as and if amended, by adding a new section to Article 13, Chapter 13, Title 8 of the 1976 Code as contained in SECTION 5, page 116, after line 43 to read:

/Section 8-13-1220. A public official who is a member of the General Assembly and is an active member of the South Carolina Bar is prohibited from voting on judicial candidates before the General Assembly./

Renumber sections to conform.

Amend title to conform.

Senator THOMAS argued in favor of the adoption of the amendment and Senators WILLIAMS, DRUMMOND and BRYAN argued contra.

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

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

Senator WILLIAMS moved to lay the amendment on the table.

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

Bryan Courson Drummond
Fielding Giese Gilbert
Helmly Hinds Hinson
Holland Leatherman Long
Macaulay Matthews McGill
Mitchell Moore O'Dell
Passailaigue Patterson Pope
Reese Russell Saleeby
Shealy Smith, J.V. Stilwell
Waddell Washington Williams

Martschink McConnell Peeler
Rose Smith, N.W. Thomas
Wilson

The amendment was laid on the table.

I did not vote on Amendment No. 39 since I have announced as a candidate for a judgeship.

My vote on Amendment No. 39 (S. 708) reflects my interest in changing the method of electing judges in South Carolina to provide a greater opportunity for attorneys, who are not members of the General Assembly, to be elected to the Bench.

Senator THOMAS proposed the following Amendment No. 41 (DKA\3226.AL), which was tabled:

Amend the bill, as and if amended, Section 8-13-460(A) as contained in SECTION 5, page 95, by inserting after the period on line 9:

/If the public official is a member of the General Assembly, he shall not participate in any debate or vote on any legislation when a client, an individual with whom he is associated, or a business with which he is associated has economic interests in the legislation./

Amend title to conform.

Senator THOMAS argued in favor of the adoption of amendment.

Senator THOMAS asked unanimous consent to make a motion that Amendment No. 41 be carried over.

Senator WILLIAMS objected.

Senator FIELDING moved to lay the amendment on the table.

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

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

Setzler Thomas

The amendment was laid on the table.

We voted to table despite agreeing with the intent of the amendment because it is already in the proposed Bill and the amendment's wording was too broad and subject to misinterpretation.

Senator THOMAS rose to a Point of Personal Privilege.

Senator PATTERSON rose to a Point of Personal Privilege.

Senators THOMAS and COURSON proposed the following Amendment No. 44 (DKA\3229.AL), which was tabled:

Amend the bill, as and if amended, by striking Section 7-27-480 as contained in SECTION 3 in its entirety, lines 32-44, page 47, and inserting:

/Section 7-27-480. All anonymous contributions must be remitted to the Children's Trust Fund of South Carolina, as established by Section 20-7-5010./

Renumber sections to conform.

Amend title to conform.

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

Senator THOMAS moved to lay the amendment on the table.

The amendment was laid on the table.

Senator COURSON proposed the following Amendment No. 46A (RES708.174), which was tabled:

Amend the bill, as and if amended, page 48, SECTION 3, by striking Section 7-27-490 in its entirety and inserting the following in lieu thereof:

/Section 7-27-490. (A) A person shall not make to a committee, and a committee shall not accept a contribution in cash. A candidate or candidate committee may accept from individuals attending a religious service an aggregate contribution, by check or other written instrument, of not more than:

(1) one thousand dollars in the case of a candidate for state office; or

(2)five hundred dollars in the case of candidates for all other offices.

(B) A committee shall not make a contribution in cash./

Renumber sections to conform.

Amend title to conform.

Senator COURSON argued in favor of the adoption of the amendment and Senators BRYAN, PATTERSON and WASHINGTON argued contra.

Senator GILBERT 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
Land Long Macaulay
Martschink Matthews McGill
Mitchell O'Dell Passailaigue Patterson Peeler Pope
Reese Rose Saleeby
Shealy Smith, J.V. Smith, N.W.
Stilwell Waddell Washington
Williams

Courson McConnell Moore
Russell Setzler Thomas
Wilson

The amendment was laid on the table.

I voted to table Amendment No. 46A (RES708.174) for the same reasons I voted yesterday to table Amendment No. 26 (RES708.97), and for an additional reason: this amendment very well may not gain the approval required from the U.S. Justice Department, because of its discriminatory effect against minorities.

Senator LEATHERMAN requested and was granted a leave of absence at 1:20 P.M. to attend a meeting of the Procurement Review Committee.

Senator WILLIAMS moved under Rule 15A to set a time certain at 6:30 P.M. on Thursday, March 14, 1991, to vote on the entire matter of S. 708.

Senator McCONNELL raised a Point of Order that the motion was out of order inasmuch as the Senate had agreed by unanimous consent to a procedure which would allow ten minutes for proponents and opponents on each amendment and the procedure could not be undone except by unanimous consent.

Senator MACAULAY spoke on the Point of Order and stated that a unanimous consent request did not bind the Senate and a motion under Rule 15A was in order.

Senator McCONNELL spoke on the Point of Order.

Senators MATTHEWS, HINDS, POPE, MOORE AND McCONNELL spoke on the Point of Order.

Senator THOMAS made a parliamentary inquiry as to whether or not time would be permitted to debate the merits of the amendments when the time certain had arrived.

The PRESIDENT stated that when the time certain had arrived, consideration of each amendment would commence without debate; unless the Senate directed differently. The PRESIDENT overruled the Point of Order raised by Senator McCONNELL.

The question then was the motion to set a time certain of 6:30 P.M. on Thursday, March 14, 1991, to vote on the entire matter of S. 708.

Senator MATTHEWS made a Parliamentary Inquiry as to whether or not, when the time certain had arrived, would the amendments on the desk be carried over to be considered on third reading.

The PRESIDENT stated that all amendments would be considered when the time certain arrived.

Senator WILLIAMS withdrew the motion to set a time certain.

Senator DRUMMOND asked unanimous consent to make a motion that the Bill be given a second reading, with notice of general amendments on third reading carrying over all amendments to third reading.

Senator MOORE objected.

Having voted on the prevailing side, Senator MITCHELL moved to reconsider the vote whereby Amendment No. 38 (DKA\3223.AL) proposed by Senator THOMAS was laid on the table.

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

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

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

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

Bryan Fielding Hayes
Helmly Hinds Land
Long Macaulay Matthews
Mitchell O'Dell Passailaigue
Patterson Peeler Reese
Saleeby Setzler Smith, J.V.
Thomas Washington Williams
Wilson

Drummond Giese Hinson
Martschink McConnell McGill
Moore Pope Rose
Shealy Smith, N.W. Stilwell

The motion to reconsider the vote whereby Amendment No. 38 (DKA\3223.AL) was tabled, was adopted.

Senator MITCHELL moved that the amendment be adopted.

Senator McCONNELL, with unanimous consent, was granted leave to make brief remarks to the body.

Senator THOMAS asked unanimous consent to be granted leave to address brief remarks to the body.

Senator MOORE objected.

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

Bryan Fielding Hinds
Land Long Macaulay
Matthews Mitchell O'Dell
Passailaigue Patterson Peeler
Reese Saleeby Setzler
Smith, J.V. Thomas Washington
Williams Wilson

Drummond Giese Helmly
Hinson Martschink McConnell
McGill Moore Pope
Rose Shealy Smith, N.W.
Stilwell

Amendment No. 38 was adopted.

This amendment is good in its goal of disclosure but is poorly written and is so burdensome that it will kill public participation in government. There are rumors on the floor that the bill is being loaded up with requirements that are so far reaching that the bill will fail to move or will be vetoed. These rumors have increased in frequency since we adopted a prohibition against lawyer-legislators appearing before boards and commissions. We support a strong all encompassing "Ethics Bill", and we have fought for the tough planks to make it so. But, we cannot vote for an amendment which, while poorly drawn, will make each public official so burdened with forms and disclosure specifics, that each may inadvertently break the law or give up public service altogether. There is a marked difference between federal officeholders in Congress or federal cabinet officials and city councilmen or state legislators in South Carolina. We are for an ethics bill and feel this amendment, though well intended by some, will be used now to seal a bleak future for responsible reform in South Carolina.

I voted against the motion to reconsider and against Amendment No. 38 (DRA\3223.AL) because its passage in effect would impose the federal economic disclosure requirements of the United States Congress on public officials at every level of local South Carolina government, regardless of compensation, without any showing that it is necessary or desirable to do so. Requiring disclosure of all real estate owned with a value in excess of one thousand dollars, of all liabilities (loans) owed in excess of five thousand dollars, and of the terms of an agreement for future employment, etc., easily could discourage worthy citizens from serving, for example, as a part-time mayor of a small town without any compensation. Imposition of such onerous requirements would, I fear, cause more harm than good. The General Assembly has had a problem with ethics which needs correction, but there is no showing that local government has this problem or needs this correction.

Senator SHEALY requested and was granted a leave of absence from 2:00 - 3:00 P.M. today.

At 2:00 P.M., on motion of Senator MOORE, the Senate receded from business not to exceed fifteen minutes.

At 2:23 P.M. the Senate resumed.

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

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

Bryan Courson Drummond
Fielding Giese Gilbert
Hayes Helmly Hinds
Hinson Holland Land
Long Lourie Macaulay
Martschink Matthews McConnell
McGill Mitchell Moore
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 Senate resumed.

Senator WADDELL was granted a leave of absence from 3:00 - 4:30 P.M. today.

The following was introduced:

S. 779 -- Senators Drummond, Bryan, Courson, 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, Williams and Wilson: A SENATE RESOLUTION TO COMMEND THE GIRL SCOUT COUNCILS OF SOUTH CAROLINA FOR THEIR ASSISTANCE IN THE GIRL SCOUT PAGE PROGRAM.

The Senate Resolution was adopted.

Senators LAND, MOORE, WILLIAMS and PASSAILAIGUE proposed the following Amendment No. 48 (JUD708.35), which was adopted:

Amend the bill, as and if amended, page 44, line 29, in Section 7-27-410(A)(1)(a), as contained in SECTION 3, by striking /one thousand/ and inserting / five hundred/.

Amend the bill further, as and if amended, page 44, line 31, in Section 7-27-410(A)(1)(b), as contained in SECTION 3, by striking /five hundred/ and inserting /two hundred fifty/.

Amend the bill further, as and if amended, page 48, line 36, in Section 7-27-490(A)(1), as contained in SECTION 3, by striking /one thousand/ and inserting /five hundred/.

Amend the bill further, as and if amended, page 48, line 8, in Section 7-27-490(A)(2), as contained in SECTION 3, by striking /five hundred/ and inserting /two hundred fifty/.

Amend title to conform.

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

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:

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

Stilwell

The amendment was adopted.

Senator REESE requested and was granted a leave of absence beginning at 4:00 P.M. for the remainder of the day.

Senator STILWELL proposed the following Amendment No. 51 (JUD708.37), which was adopted:

Amend the bill, as and if amended, page 44, line 28, in Section 7-27-410(B), as contained in SECTION 3, by inserting /This section shall not in anyway allow one candidate committee to transfer to another candidate committee more than two hundred fifty dollars as provided for in Section 7-27-430(A)./ after /transferred./ .

Amend title to conform.

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

Senator STILWELL moved that the amendment be adopted.

The amendment was adopted.

Senator MACAULAY proposed the following Amendment No. 52 (RES708.110), which was not adopted:

Amend the bill, as and if amended, page 7, line 19, SECTION 1, Section 2-17-10(8)(e) by inserting before the /./ after the word /actions/ the following:

/, and discloses any and all tax benefits presently enjoyed or would accrue to the owner or owners of such news mediums as a result of the legislation or covered actions/

Renumber sections to conform.

Amend title to conform.

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

Senator MACAULAY moved that the amendment be adopted.

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

Bryan Gilbert Hinds
Long Macaulay McGill
Mitchell Moore Patterson
Peeler Pope Reese
Stilwell

Courson Drummond Giese
Hayes Helmly Hinson
Lourie Martschink McConnell
O'Dell Passailaigue Rose
Russell Saleeby Setzler
Shealy Smith, J.V. Smith, N.W.
Washington Williams Wilson

The amendment was not adopted.

Senator THOMAS proposed the following Amendment No. 53 (BR1\1314.AC), which was tabled:

Amend the bill, as and if amended, Section 7-27-410, as contained in SECTION 3, beginning on page 44, line 17, by adding an appropriately lettered subsection to read:

/( )No political committee may contribute more than one thousand dollars to a candidate in a calendar year and no political committee independently may expend more than one thousand dollars to influence the outcome of any single election./

Reletter subsections to conform.

Amend title to conform.

Senator THOMAS argued in favor of the adoption of the amendment and Senator LOURIE argued contra.

Senator LOURIE moved to lay the amendment on the table.

The amendment was laid on the table.

Senators McCONNELL, WILLIAMS, MOORE, SETZLER and ROSE proposed the following Amendment No. 54 (JUD708.39), which was adopted:

Amend the bill, as and if amended, page 52, by striking lines 30 through 32 in Section 7-27-910(C)(4), as contained in SECTION 3, in their entirety.

Renumber sections to conform.

Amend title to conform.

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

Senator BRYAN moved to lay the amendment on the table.

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

Bryan Drummond Fielding
Gilbert Hayes Land
Long Lourie Matthews
Mitchell Patterson Saleeby

Courson Giese Helmly
Hinds Hinson Macaulay
Martschink McConnell McGill
Moore O'Dell Passailaigue
Peeler Pope Reese
Rose Russell Setzler
Shealy Smith, J.V. Smith, N.W.
Stilwell Thomas Washington
Wilson

The Senate refused to table Amendment No. 54.

The question then was the adoption of Amendment No. 54.

The amendment was adopted.

Senators BRYAN and LOURIE proposed the following Amendment No. 55 (JUD708.58), which was adopted:

Amend the bill, as and if amended, page 100, after line 37, in Section 8-13-470, as contained in SECTION 5, by adding a new subsection to read as follows:

/"(C) A member of the General Assembly may not vote on the section of that year's general appropriations bill relating to a particular agency or commission if the member, an individual with whom he is associated, or a business with which he is associated has represented any client before that agency or commission as permitted by subsection (A)(2) within one year prior to such vote. This subsection does not prohibit a member from voting on other sections of the general appropriations bill or from voting on the entire general appropriations bill as a whole."/ .

Amend title to conform.

Senator BRYAN explained the amendment.

Senator SHEALY argued contra to the adoption of the amendment.

Senator SHEALY moved to lay the amendment on the table.

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

Drummond Giese Hinds
Hinson Holland Martschink
McConnell Moore O'Dell
Peeler Shealy Smith, J.V.
Smith, N.W. Stilwell Thomas

Bryan Courson Fielding
Hayes Helmly Land
Long Lourie Macaulay
Matthews McGill Mitchell
Passailaigue Patterson Pope
Reese Rose Saleeby
Setzler Washington Williams
Wilson

The Senate refused to table the amendment.

The question then was the adoption of Amendment No. 55.

Senator J. VERNE SMITH spoke on the amendment.

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

Bryan Courson Fielding
Hayes Helmly Hinds
Holland Land Long
Lourie Macaulay Matthews
Mitchell Moore Passailaigue
Patterson Reese Rose
Russell Saleeby Setzler
Stilwell Washington Williams
Wilson

Drummond Giese Hinson
Martschink McConnell McGill
O'Dell Peeler Pope
Shealy Smith, J.V. Smith, N.W.
Thomas

The amendment was adopted.

I voted no on the adoption of Amendment No. 55 because I feel this is paving the way to defeat the abolition we have adopted regarding legislative attorneys practicing before boards and commissions whose pay the legislature sets.

I voted not to table, and for, Amendment No. 55 (JUD708.58) because I support separating a legislator's private business from the conduct of his public business so as to avoid a conflict of interest. By preventing a legislator from voting on an agency's or a board's budget within a year after that legislator's appearance before that agency or board, it would be less likely that that agency's or board's actions will be affected adversely by the fear or possibility that that legislator will vote against that agency's or board's budget because of that legislator's unhappiness with the actions of that agency or board. However, I think there are better ways to accomplish this objective than this amendment.

Senators SALEEBY, LOURIE, McCONNELL, POPE, PATTERSON and STILWELL proposed the following Amendment No. 59 (JUD708.70), which was adopted:

Amend the bill, as and if amended, page 48, by striking lines 40 and 41, in Section 7-27-490, as contained in SECTION 3.

Amend the bill further, as and if amended, page 48, line 42, in Section 7-27-490, as contained in SECTION 3, by striking /(C)/ and inserting /(B)/ .

Amend the bill further, as and if amended, page 49, line 10, in Section 7-27-500, as contained in SECTION 3, by striking /for more than twenty-five dollars,/ .

Amend the bill further, as and if amended, page 49, line 11, in Section 7-27-500, as contained in SECTION 3, by striking /7-27-490(C)/ and inserting /7-27-490/ .

Amend the bill further, as and if amended, page 64, line 21, in Section 7-27-1720, as contained in SECTION 3, by striking /7-27-1730/ and inserting /7-27-1710/.

Amend the bill further, as and if amended, page 77, after line 18, in Section 8-13-20, as contained in SECTION 5, by adding an appropriately numbered subsection to read:

/"( ) `Individual' means one human being."/

Amend the bill further, as and if amended, page 111, line 41, in Section 8-13-820, as contained in SECTION 5, by striking /which/ and inserting therein: /if such securities or interests/ .

Amend the bill further, as and if amended, page 112, line 41, in Section 8-13-825, as contained in SECTION 5, by striking /interests'/ and inserting therein: /interests/ .

Amend the bill further, as and if amended, page 114, line 5, in Section 8-13-843, as contained in SECTION 5, by striking /whose/ and inserting therein: /where such entity's/ .

Amend the bill further, as and if amended, page 114, line 10, in Section 8-13-843, as contained in SECTION 5, by striking /who/ and inserting therein: /where such entity/ .

Amend the bill further, as and if amended, page 118, beginning on line 11, in Section 16-9-210, as contained in SECTION 6, by striking /, or both/ .

Amend the bill further, as and if amended, page 118, line 36, in Section 16-9-220, as contained in SECTION 7, by striking /, or both/.

Renumber sections to conform.

Amend title to conform.

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

Senator SALEEBY moved that the amendment be adopted.

The amendment was adopted.

Senators SALEEBY, LOURIE, McCONNELL, POPE, PATTERSON and STILWELL proposed the following Amendment No. 60 (JUD708.54), which was adopted:

Amend the bill, as and if amended, page 93, line 33, in Section 8-13-420, as contained in SECTION 5, by striking /, directly or indirectly,/.

Amend title to conform.

Senator SALEEBY explained the amendment.

The amendment was adopted.

Senators SALEEBY, LOURIE, McCONNELL, POPE, PATTERSON and STILWELL proposed the following Amendment No. 61 (JUD708.55), which was adopted:

Amend the bill, as and if amended, page 94, line 39, in Section 8-13-430(B), as contained in SECTION 5, by inserting /knowingly/ after /public employee may/ .

Amend the bill further, as and if amended, page 94, line 40, in Section 8-13-430(B), as contained in SECTION 5, by striking /, directly or indirectly,/ .

Amend title to conform.

Senator SALEEBY explained the amendment.

The amendment was adopted.

Senators SALEEBY, LOURIE, McCONNELL, POPE, PATTERSON and STILWELL proposed the following Amendment No. 62 (JUD708.57), which was adopted:

Amend the bill, as and if amended, page 113, beginning on line 5, as contained in SECTION 5, by striking lines 5 through 19 in their entirety and inserting therein the following:

/"Section 8-13-830. In addition to the statement of economic interests required pursuant to Section 8-13-810, all persons required to file such statements shall further report to the State Ethics Commission or appropriate legislative committee the name of any person he knows to be a lobbyist as defined in Section 2-17-20 of the 1976 Code and knows that such lobbyist or the entity he represents has in the previous calendar year purchased from him, any member of his household, or from his business, goods or services in an amount in excess of two hundred dollars. Gifts from a lobbyist or the entity he represents in a value of more than one hundred dollars shall also be reported at the same time."/

Amend title to conform.

Senator STILWELL explained the amendment.

Senator STILWELL moved that the amendment be adopted.

The amendment was adopted.

Senators SALEEBY, LOURIE, McCONNELL, POPE, PATTERSON and STILWELL proposed the following Amendment No. 63 (JUD708.56), which was adopted:

Amend the bill, as and if amended, beginning on line 4 of page 96, by striking Section 8-13-460, as contained in SECTION 5, in its entirety and inserting therein the following:

/"Section 8-13-460. (A) No public official, public member, or public employee shall knowingly perform a function within the public official's, public member's, or public employee's official responsibility which requires the exercise of discretion if the public official, public member, public employee, his immediate family member, an individual with whom he is associated, or a business with which he is associated has economic interests in such function.

(B) Any public official, public member, or public employee who, in the discharge of his official duties responsibilities, would be required to take action or make a decision which would substantially affect directly his personal financial interest or those of a member of his household, or a business with which he is associated, in which he, an immediate family member, an individual with whom he is associated, or a business with which he is associated, has an economic interest relating to the action or decision shall instead take the following actions:

(a)(1)Prepare a written statement describing the matter requiring action or decisions, and the nature of his potential conflict of interest with respect to such action or decision.

(b)(2)If he the public official is a legislator member of the General Assembly, he shall deliver a copy of such statement to the presiding officer of his legislative branch. The presiding officer if requested by the legislator member of the General Assembly shall cause such statement to be printed in the journal and, upon the member's request, shall excuse a legislator member of the General Assembly from votes, deliberations, and other action on the matter on which a potential conflict exists; provided, however, any statement delivered within twenty-four hours after the action or decisions shall be deemed to be in compliance with this section.

(c) If he is a public employee, he shall furnish a copy to his superior, if any, who shall assign the matter to another employee who does not have a potential conflict of interest. If he has no immediate superior, he shall take such action as prescribed by as the State Ethics Commission. If the public official is a member of the governing body of any agency, commission, board, or of any county, municipality, or other political subdivision, he shall furnish a copy to the presiding officer and to the members of that governing body, who shall cause such statement to be printed in the minutes and shall require that the member be excused from any votes, deliberations, and other actions on the matter on which the potential conflict of interest exists, and shall cause such disqualification and the reasons therefor to be noted in the minutes.(3) If he is a public official, other than a member of the General Assembly, he shall furnish a copy to the presiding officer and to the members of the governing body of the agency, commission, board, or of any county, municipality, or other political subdivision thereof on which he serves, who shall cause such statement to be printed in the minutes and shall require that the member be excused from any votes, deliberations, and other actions on the matter on which the potential conflict of interest exists, and shall cause such disqualification and the reasons therefor to be noted in the minutes.

(4) If he is a public member, he shall furnish a copy to the presiding officer and to the members of the governing body of any agency, commission, board, or of any county, municipality, or other political subdivision thereof, on which he serves, who shall cause such statement to be printed in the minutes and shall require that the member be excused from any votes, deliberations, and other actions on the matter on which the potential conflict of interest exists, and shall cause such disqualification and the reasons therefor to be noted in the minutes.

(5) If he is a public employee, he shall furnish a copy to his immediate superior, if any, who shall assign the matter to another employee who does not have a potential conflict of interest. If he has no immediate superior, he shall take such action as prescribed by the State Ethics Commission.

(C) No public official, public member, or public employee shall have economic interests which create a continuing or frequent conflict between the public official's, public member's, or public employee's public duties and private economic interests so as to impede the full and faithful discharge of the public official's, public member's, or public employee's public duties."/

Amend the bill further, as and if amended, beginning on line 38 of page 102, by striking Section 8-13-495, as contained in SECTION 5, in its entirety.

Amend title to conform.

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

Senator LOURIE moved that the amendment be adopted.

The amendment was adopted.

Senator NELL W. SMITH proposed the following Amendment No. 70 (JUD708.41), which was adopted:

Amend the bill, as and if amended, page 46, line 21, in Section 7-27-430(A), as contained in SECTION 3, by striking /in an amount exceeding two hundred fifty dollars/ after /candidate/ .

Amend title to conform.

Senator NELL W. SMITH argued in favor of the adoption of the amendment and Senators LOURIE and SALEEBY argued contra.

Senator SALEEBY moved to lay the amendment on the table.

By a division vote, the Senate refused to table the amendment.

The question then was the adoption of Amendment No. 70.

The amendment was adopted.

Senator NELL W. SMITH proposed the following Amendment No. 71 (JUD708.42), which was tabled:

Amend the bill, as and if amended, page 52, in Section 7-27-910(C), as contained in SECTION 3, by striking lines 30 through 32 in their entirety.

Amend the bill further, as and if amended, page 52, in Section 7-27-910(C), as contained in SECTION 3, by striking lines 38 through 43 in their entirety, and page 53, by striking lines 1 through 18 in their entirety.

Amend title to conform.

Senator NELL W. SMITH argued in favor of the adoption of the amendment.

Senator LOURIE rose to a Point of Personal Privilege.

Senator LOURIE moved to lay the amendment on the table.

The amendment was laid on the table.

Senators NELL W. SMITH and PASSAILAIGUE proposed the following Amendment No. 72 (JUD708.68), which was adopted:

Amend the bill, as and if amended, page 122, beginning on line 6, as contained in SECTION 17, by striking, after /1992./ the following:

/Section 7-27-430 of Section 3 shall take effect upon approval by the Governor except that any committee assets and funds on hand on the date of approval of this act by the Governor and any interest earned thereon may be disposed of under the law preexisting such approval by the Governor if the committee makes an accounting of such assets and funds to the appropriate supervisory office no later than September 1, 1991. Section 7-27-910(C) of Section 3 shall take effect immediately upon approval by the Governor and any interest earned thereon may be disposed of under the law preexisting such approval by the Governor if: (i) the committee is being dissolved under the provisions of Section 7-27-1740(A)(1) and (2) of Section 3, and (ii) the committee makes an accounting of such assets and funds to the appropriate supervisory office no later than September 1, 1991. Sections 7-27-480; 7-27-490; 7-27-500; 7-27-910(E) and (F); 7-27-1310; 7-27-1710(A), (B), and (C); and 7-27-1950 of Section 3 shall take effect upon approval by the Governor./ and inserting therein:
/Sections 7-27-430; 7-27-480; 7-27-490; 7-27-500; 7-27-910(C),(E), and (F); 7-27-1310; 7-27-1710(A), (B), and (C); 7-27-1740; and 7-27-1950 of Section 3 shall take effect upon approval by the Governor. For the purposes of this section, any assets or funds which are the proceeds of any campaign contribution and which are held by or under the control of a public official or a candidate for public office on the date of approval of this act by the Governor shall be deemed to be held by a committee as defined by Section 7-27-20(6) of Section 3 of this act./

Amend the bill further, as and if amended, page 122, line 35, as contained in SECTION 17, by striking the number /3/ after the word /Section/ and inserting the number /5/ .

Amend title to conform.

Senators NELL W. SMITH and PASSAILAIGUE argued in favor of the adoption of the amendment and Senator DRUMMOND argued contra.

Senator DRUMMOND moved to lay the amendment on the table.

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

Drummond Hinson Long
Martschink Shealy Smith, J.V.
Stilwell Waddell Williams

Bryan Courson Fielding
Giese Gilbert Hayes
Helmly Hinds Holland
Land Lourie Macaulay
Matthews McConnell McGill
Moore O'Dell Passailaigue
Patterson Peeler Pope
Rose Russell Saleeby
Setzler Smith, N.W. Thomas
Washington Wilson

The Senate refused to table Amendment No. 72.

The question then was the adoption of Amendment No. 72.

Senator DRUMMOND argued contra to the adoption of the amendment and Senator NELL W. SMITH argued in favor of the adoption.

The amendment was adopted.

Senator SALEEBY requested and was granted a leave of absence beginning at 5:10 P.M. for the remainder of the day.

Senator NELL W. SMITH proposed the following Amendment No. 73 (JUD708.52), which was not adopted:

Amend the bill, as and if amended, on page 18, line 26, by inserting a new Section 2-17-36 to read:

/"Section 2-17-36. (A) Any officer, director, or employee of a lobbyist principal must no later than April 1 of each year file a report with the Secretary of State as required by subsection (B) of this section if such officer, director, or employee is an officer, director, or employee of an entity which ranks, rates, or grades the actions, vote, or failure to act or vote of the Governor, the Lieutenant Governor, or any member or committee of the General Assembly as to any action, vote, or failure to act or vote by these public officials.

(B) Those persons required to file a statement of economic interests by subsection (A) of this section shall file such report on forms prescribed by the Secretary of State and such report must contain full and complete information concerning the following:

(1) The source, type, and amount or value of income of substantial monetary value received by the filer or a member of the filer's immediate family from an entity regulated by any governmental entity during the reporting period.

(2) The source, payee, type, date, and exact value of gifts, including food, lodging, or entertainment:

(a) received by a filer or a member of the filer's immediate family; and

(b) in excess of fifty dollars in value per gift during the reporting period.

(3)(a) The description, value, and location of all real property owned during the reporting period by a filer or a member of the filer's immediate family, and the same information for options to purchase such real property.

(b) The amount received from the sale, lease, or rental of real property, and the name of the person from whom the payment was received.

(c) If the sale, lease, or rental of real property involves a state, county, or municipal instrumentality of government, a copy of the contract, lease, or rental agreement must be attached to the statement of economic interests.

(4) The description, location, and amount of payment received from the sale, lease, or rental of personal property during the preceding calendar year by the filer or a member of the filer's immediate family. If the sale, lease, or rental of personal property involves a state, county, or municipal instrumentality of government, a copy of the contract, lease, or rental agreement must be attached to the statement of economic interests.

(5) The identity of every business or entity in which the filer or a member of the filer's immediate family held or controlled, in the aggregate, securities valued at five percent and valued at one hundred thousand dollars or more during the reporting period.

(6) A listing by name and address of:

(a) each creditor to whom the filer or member of the filer's immediate family owed a debt in excess of five hundred dollars at any time during the reporting period, other than for a credit card or retail installment contract, and the original amount of the debt and amount outstanding; and

(b) the rate of interest charged the filer or a member of the filer's immediate family for the debt in (a).

If a discharge of the debt has been made, the date of the transaction must be shown.

(7) Every officership, directorship, trusteeship, or other fiduciary relationship held by a filer or a member of the filer's immediate family in a business during the reporting period, the term of office, and the annual compensation.

(8) The name of any lobbyist, as defined in Section 2-17-10(6) who is:

(a) an immediate family member of the filer;

(b) an individual with whom or business with which the filer or of a member of the filer's immediate family is associated./"

Amend title to conform.

Senator NELL W. SMITH argued in favor of the adoption of the amendment.

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

Gilbert Hinds Land
Long Lourie Macaulay

Bryan Courson Drummond
Fielding Giese Helmly
Hinson Martschink Matthews
McConnell McGill Mitchell
Moore O'Dell Passailaigue
Patterson Peeler Pope
Rose Russell Setzler
Shealy Smith, J.V. Smith, N.W.
Stilwell Thomas Waddell
Washington Wilson

Senator NELL W. SMITH asked unanimous consent to make a motion that Amendment No. 73 be carried over.

Senator THOMAS objected.

Senator NELL W. SMITH asked unanimous consent to make a motion that Amendment No. 73 be withdrawn.

Senator THOMAS objected.

Amendment No. 73 was not adopted.

Senator McCONNELL proposed the following Amendment No. 81 (JUD708.65), which was adopted:

Amend the bill, as and if amended, page 112, after line 39, in Section 8-13-820, as contained in SECTION 5, by adding an appropriately numbered subsection to read:

/"( ) If a public official, public member, or public employee receives compensation from an individual or business which contracts with the governmental entity with which the public official, public member, or public employee serves or is employed, the public official, public member, or public employee must report the name and address of that individual or business and the amount of compensation paid to the public official, public member, or public employee by that individual or business."/

Renumber sections to conform.

Amend title to conform.

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

The amendment was adopted.

Senators ROSE and PASSAILAIGUE proposed the following Amendment No. 83 (RES708.113), which was adopted:

Amend the bill, as and if amended, page 93, SECTION 5, by striking lines 21 through 32 and inserting the following in lieu thereof:

/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 or to a public official for the purpose of encouraging or causing the candidate or official to switch to a political party other than the political party in which the candidate or official is a member.

If any such offer or gift is made, the candidate or official 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 an 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 ROSE explained the amendment.

The amendment was adopted.

Senator ROSE proposed the following Amendment No. 85 (RES708.130), which was tabled:

Amend the bill, as and if amended, page 112, SECTION 5, by adding the following:

/Section 8-13-842. To receive from the State reimbursement of expenses incurred in attending a legislative conference or meeting, a member of the General Assembly shall submit to the presiding officer of the legislative body of which he is a member a sworn statement that he actually attended a substantial majority of the sessions of the conference or meeting. If the member fails to submit the required statement, or if the statement at any time proves to be false in a substantive manner, the reimbursement is not allowed, and he is required to repay the amount received by him with interest at the rate of twenty percent per annum calculated from the date of receipt.

The provisions of this section are cumulative and not in lieu of any other provision of law, regulation, or rule of the particular legislative body involved concerning duties imposed upon the member to verify in writing and by receipt, or otherwise, as to the expenses incurred for which reimbursement is sought./

Renumber sections to conform.

Amend title to conform.

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

Senator LOURIE asked unanimous consent to make a motion that Amendment No. 85 be amended.

Senator GILBERT objected.

Senator LOURIE argued contra to the adoption of the amendment.

Senator LOURIE moved to lay the amendment on the table.

The amendment was laid on the table.

Senator MITCHELL requested and was granted a leave of absence beginning at 5:30 P. M. until Tuesday at 12:00 Noon.

Senator ROSE proposed the following Amendment No. 90 (RES708.116), which was tabled:

Amend the bill, as and if amended, page 28, SECTION 2, by inserting after the word /years./ on line 15 the following:

/Provided, however, no officer of an organization using the name of or organized on behalf of a certified political party pursuant to Chapter 9, Title 7 of the 1976 Code may serve as a State Election Commissioner./

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

/SECTION . Section 7-5-10 of the 1976 Code is amended to read:

"Section 7-5-10. Between the first day of January and the fifteenth day of March in every even-numbered year the Governor shall appoint, by and with the advice and consent of the Senate, not less than three nor more than five competent and discreet persons in each county, who shall be citizens and qualified electors thereof and who shall be known as the board of registration of County. The members appointed are subject to removal by the Governor for incapacity, misconduct or neglect of duty. It is further provided that no officer of an organization using the name of or organized on behalf of a certified political party pursuant to Chapter 9, Title 7 of the 1976 Code may serve as a member of the county board of registration."/

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

/SECTION . Section 7-13-70 of the 1976 Code is amended to read:

"Section 7-13-70. For the purpose of carrying on general or special elections provided for in Section 7-13-10 the Governor shall, at least thirty days prior to any such election, appoint for each county not less than three nor more than five commissioners of election upon the recommendation of the Senator and at least half of the members of the House of Representatives from the respective counties. Such commissioners shall continue in office until their successors are appointed and qualified. The commissioners of election shall appoint three managers of election for each polling place in the county for which they shall respectively be appointed for each five hundred electors, or portion thereof, registered to vote thereat and none of such officers shall be removed from office except for incompetence or misconduct. No officer of an organization using the name of or organized on behalf of a certified political party pursuant to Chapter 9, Title 7 of the 1976 Code may serve as a county commissioner. After their appointment the commissioners and managers shall take and subscribe, before any officer authorized to administer oaths the following oath of office prescribed by Section 26 of Article III of the Constitution:

`I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the United States. So help me God.' and it shall be immediately filed in the office of the clerk of court of common pleas of the county in which such commissioners and managers shall be appointed, or, if there be no such clerk, in the office of the Secretary of State. Before opening the polls, the managers of election shall take and subscribe the oath provided for in Section 7-13-100. Upon the completion of the canvassing of votes, this oath shall be filed with the commissioners of election along with the ballots from that election precinct."/

Renumber sections to conform.

Amend title to conform.

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

Senator POPE moved to lay the amendment on the table.

The amendment was laid on the table.

Senator ROSE proposed the following Amendment No. 92 (RES708.122), which was ruled out of order:

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

/SECTION . The Chapter 1, Title 8 of the 1976 Code is amended by adding:

"Section 8-1-145. An appointed public official whose term of office has expired, who has not been reappointed and a successor for whom has not been appointed may not continue to serve in that office in a holdover capacity for a period in excess of one year. After a period of one year has expired without reappointment of the current officeholder and without a successor being appointed, the office is considered vacant until a reappointment or an appointment to that office is made."/

Renumber sections to conform.

Amend title to conform.

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

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

Senators ROSE and LOURIE spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Senator ROSE proposed the following Amendment No. 97 (RES708.121), which was ruled out order:

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

/SECTION . Chapter 1, Title 10 of the 1976 Code is amended by adding:

"Section 10-1-180. No public property, including, but not limited to, a park, a bridge, a highway or a building, or an addition to any of them, purchased or constructed with state funds or otherwise acquired or owned by the State, may be named for a living person or a person who has been deceased for less than five years; provided, however, public property may be named for a living person who has served in a public capacity for at least twenty-five years upon the approval of all county and local governments in which the named property is located."/

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

/SECTION . The provisions of Section 10-1-180 of this act do not affect property already named for a living person or a person who has been deceased for less than five years on the effective date of this act./

Renumber sections to conform.

Amend title to conform.

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

Senators ROSE and LOURIE spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Senator LAND proposed the following Amendment No. 104 (JUD708.74), which was not adopted:

Amend the bill, as and if amended, page 99, on line 34, by inserting a new Section to read as follows:

/"Section 8-13-475. A member of the General Assembly, any individual with whom the member is associated, or any business with which the member is associated shall not knowingly provide a certification or legal opinion which indicates that the title to a parcel of real property is defective or free from defect when such certification or legal opinion would be used by, offered to, or relied upon by a bank, savings and loan, savings bank, or other lending institution which is regulated or subject to regulation by the State Board of Financial Institutions."/

Renumber sections to conform.

Amend title to conform.

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

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

The PRESIDENT overruled the Point of Order.

Senator LAND continued arguing in favor of the adoption of the amendment and Senator SHEALY argued contra.

Senator SETZLER moved to lay the amendment on the table.

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

Bryan Courson Drummond
Hinds Hinson Martschink
McConnell McGill Passailaigue
Peeler Rose Smith, J.V.
Smith, N.W. Thomas Williams

Fielding Giese Gilbert
Hayes Helmly Holland
Land Long Lourie
Macaulay Matthews Moore
O'Dell Patterson Pope
Russell Waddell Washington

The following Senators abstained from voting:

Setzler Shealy Stilwell
Wilson

The Senate refused to table the amendment.

The question then was the adoption of the amendment.

Senator McCONNELL argued contra to the adoption of the amendment.

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

Fielding Gilbert Hinds
Holland Land Long
Lourie Macaulay Matthews
Moore Patterson Pope
Waddell Washington

Bryan Courson Drummond
Giese Helmly Hinson
Martschink McConnell McGill
Passailaigue Peeler Rose
Russell Shealy Smith, J.V.
Smith, N.W. Thomas Williams

The following Senators abstained from voting:

Setzler Stilwell Wilson

Amendment No. 104 was not adopted.

I abstained from voting on this issue due to the fact that in the course of my practice of law, I have certified titles to real property to lending institutions regulated by, or subject to regulations by the State Board of Financial Institutions.

I abstained from voting because I search titles at the request of private citizens and businesses in the Midlands. There is no conflict of searching titles and serving in the General Assembly as law already provides banks cannot direct loans and must give consumers a choice.

Senator SETZLER proposed the following Amendment No. 105 (RES708.142), which was adopted:

Amend the bill, as and if amended, page 36, Section 7-27-20(24)(a)(iii), line 30, by striking the words /twenty thousand/ and inserting the words /ten thousand/ in lieu thereof.

Renumber sections to conform.

Amend title to conform.

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

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senator SETZLER proposed the following Amendment No. 107 (RES708.144), which was adopted:

Amend the bill, as and if amended, page 52, Section 7-27-910(C)(6)(a), line 27, by striking the words /twenty-five thousand/ and inserting the words /ten thousand/ in lieu thereof.

Amend the bill further, as and if amended, page 52, Section 7-27-910(C)(6)(b), line 30, by striking the words /ten thousand/ and inserting the words /five thousand/ in lieu thereof.

Amend the bill further, as and if amended, page 52, Section 7-27-910(C)(6)(c), line 34, by striking the words /five thousand/ and inserting the words /two thousand five hundred/ in lieu thereof.

Renumber sections to conform.

Amend title to conform.

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

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senator SETZLER proposed the following Amendment No. 108 (RES708.141), which was adopted:

Amend the bill, as and if amended, page 29, Section 7-27-20(2)(d), lines 22 through 24, by striking all after the word /court/ on line 22 and inserting a /./.

Amend the bill further, as and if amended, page 29, Section 7-27-20(2)(e), lines 29 through 31, by striking all after the word /court/ on line 29 and inserting a /./.

Amend the bill further, as and if amended, page 29, Section 7-27-20(2)(f), lines 35 through 37, by striking all after the word /court/ on line 35 and inserting a /./.

Renumber sections to conform.

Amend title to conform.

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

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senator SETZLER proposed the following Amendment No. 109 (RES708.145), which was adopted:

Amend the bill, as and if amended, page 60, Section 7-27-1150(N)(3), lines 37-38, by striking after the word /recipient/ the words /, and the date the goods or services were delivered/ and by adding after the word /purchase,/ the word /and/.

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senator PASSAILAIGUE proposed the following Amendment No. 121 (RES708.136), which was adopted:

Amend the bill, as and if amended, page 8, SECTION 1, by striking lines 33 through 37, and inserting the following in lieu thereof:

/Section 2-17-15. (A) The Governor, the Lieutenant Governor, members of the General Assembly, and family members, as defined in Section 8-13-20(11), of a public official may not serve as a lobbyist during the time the official holds office and for one year after such public service ends./

Renumber sections to conform.

Amend title to conform.

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

Senator PASSAILAIGUE moved that the amendment be adopted.

By a division vote, Amendment No. 121 was adopted.

Senator PASSAILAIGUE proposed the following Amendment No. 122 (RES708.137), which was tabled:

Amend the bill, as and if amended, page 99, SECTION 5, by adding a new section after line 33 to read as follows:

/Section 8-13-485. A public official may not recommend the employment of an individual as a lobbyist to any person./

Renumber sections to conform.

Amend title to conform.

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

Senator LOURIE moved to lay the amendment on the table.

The amendment was laid on the table.

Senators MOORE and PASSAILAIGUE proposed the following Amendment No. 123 (JUD708.75), which was adopted:

Amend the bill, as and if amended, beginning on page 48, line 38, by striking Section 7-27-515, as contained in SECTION 3, in its entirety and inserting therein the following:

/"Section 7-27-515. A candidate for or member of the General Assembly, a candidate for or individual serving in state office, the candidate committee for a candidate for or member of the General Assembly or a candidate for or individual serving in state office, or a political committee supporting or opposing candidates for or members of the General Assembly or candidates for or individuals serving in state office shall not conduct a fundraising event or solicit or receive a contribution while the General Assembly is in session."/

Amend title to conform.

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

Senator STILWELL 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:

Matthews Patterson Stilwell

Bryan Courson Drummond
Giese Gilbert Hayes
Hinson Holland Land
Long Lourie Macaulay
Martschink McConnell McGill
Moore O'Dell Passailaigue
Peeler Pope Rose
Russell Setzler Shealy
Smith, N. Thomas Waddell Washington Williams Wilson

The Senate refused to table Amendment No. 123.

The question then was the adoption of Amendment No. 123.

The amendment was adopted.

Senator HOLLAND requested and was granted a leave of absence for beginning at 7:20 P.M. for the remainder of the day.

Senators DRUMMOND, PEELER, ROSE, NELL W. SMITH and McCONNELL proposed the following Amendment No. 124 (JIC\5483.JM), which was adopted:

Amend the bill, as and if amended, by striking Code Section 8-13-455, as contained in SECTION 5 of the bill, and inserting:

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

Amend further by striking SECTION 12 and inserting:

/SECTION 12. 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, except as allowed by Section 8-13-455 of the 1976 Code of Laws./

Renumber sections to conform.

Amend totals and title to conform.

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

Senator DRUMMOND moved that the amendment be adopted.

Senator MACAULAY moved to lay the amendment on the table.

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

Hinds Hinson Macaulay
O'Dell

Bryan Courson Drummond
Giese Helmly Long
Lourie Martschink McConnell
McGill Moore Passailaigue
Patterson Peeler Pope
Rose Russell Setzler
Shealy Stilwell Waddell
Washington Williams Wilson

The following Senator abstained from voting:
Fielding

The Senate refused to table Amendment No. 124.

The question then was the adoption of Amendment No. 124.

The amendment was adopted.

Senators PASSAILAIGUE, WASHINGTON and FIELDING proposed the following Amendment No. 125 (RES708.134), which was ruled out of order:

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

/SECTION . Section 7-17-30 of the 1976 Code is amended to read as follows:

"Section 7-17-30. The county boards shall decide all cases under protest or contest that may arise in their respective counties in the case of county officers and less than county offices. Any such protest or contest shall be filed in writing with the chairman of the board, together with a copy for each candidate in the race, by noon Monday following the day of the declaration by the board of the result of the election. Provided, however, that service upon the chairman may be perfected by depositing with the county sheriff one copy of the protest, together with a copy for each candidate in the race. The sheriff shall take immediate steps to deliver such copies to the chairman. The protest shall contain each ground thereof concisely stated separately. If a number of ballots are challenged, the protest must state the number of challenged ballots, the grounds for their being challenged, and the name of each person whose ballot is being challenged. The chairman of the board shall forthwith serve upon each candidate in the protested race a copy of the protest and serve a notice of the time and place of the meeting of the board for the purposes of hearing the protest."/

Renumber sections to conform.

Amend title to conform.

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

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

Senators PASSAILAIGUE, STILWELL and FIELDING spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Senator SHEALY proposed the following Amendment No. 126 (RES708.157), which was tabled:

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

/SECTION . Nothing herein is intended to prevent an elected representative of the people from communicating, in writing, with a board or commission member or staff, on behalf of a citizen relating to delays in obtaining a hearing, discourteous treatment, scheduling, or other matters not affecting the outcome of pending decisions, provided neither the elected official nor a professional associate is representing the constituent for compensation./

Renumber sections to conform.

Amend title to conform.

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

Senator BRYAN moved to lay the amendment on the table.

The amendment was laid on the table.

Senator SHEALY proposed the following Amendment No. 127 (RES708.158), which was tabled:

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

/SECTION . Nothing contained herein shall prevent or negatively reflect on a public official because of any award, grant, or scholarship awarded on a competitive basis or merit alone, if the public official has not wilfully contacted any person selecting the recipient, on behalf of the recipient prior to the award./

Renumber sections to conform.

Amend title to conform.

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

Senator SHEALY asked unanimous consent to make a motion that Amendment No. 127 be amended.

Senator HINDS objected.

Senator BRYAN moved to lay the amendment on the table.

The amendment was laid on the table.

Senator SHEALY proposed the following Amendment No. 128 (RES708.159), which was adopted:

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

/SECTION . The Secretary of State and his staff, if applicable, shall file a copy of the required report for the Secretary of State and/or his staff with the Senate Ethics Committee and the House Ethics Committee in the same time frame as is provided for other officials./

Renumber sections to conform.

Amend title to conform.

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

Senator SHEALY moved that the amendment be adopted.

The amendment was adopted.

Senator ROSE proposed the following Amendment No. 130 (RES708.155), which was not adopted:

Amend the bill, as and if amended, page 110, SECTION 5, Section 8-13-820, by striking line 4 and inserting the following in lieu thereof:

/anything of value, including income and scholarships, but not including tax refunds, of substantial/

Renumber sections to conform.

Amend title to conform.

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

The amendment was not adopted.

On motion of Senator WADDELL, the Bill was given a second reading with notice of general amendments on third reading, carrying over all amendments to third reading.

Senator MOORE asked unanimous consent to make a motion that the Bill be placed in the status of Interrupted Debate not to be taken up before Wednesday, March 20, 1991.

Senator BRYAN objected.

THE SENATE PROCEEDED TO THE MOTION PERIOD

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.

Senator MOORE moved to set the Bill for Special Order not to be taken up for consideration before Wednesday, March 20, 1991.

Senator BRYAN raised a Point of Order that the motion was out of order inasmuch as the Bill, having received a reading, was not on the Calendar for consideration.

Senator McCONNELL spoke on the Point of Order.

Senator THOMAS spoke on the Point of Order.

Senator LEATHERMAN spoke on the Point of Order.

Senator BRYAN moved that the Senate stand adjourned.

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

Bryan Fielding Lourie
Matthews O'Dell Patterson
Setzler Shealy

Courson Giese Gilbert
Hayes Helmly Hinson
Leatherman Long Macaulay
Martschink McConnell McGill
Moore Passailaigue Peeler
Pope Rose Russell
Smith, N.W. Stilwell Thomas
Waddell Washington Wilson

The Senate refused to adjourn.

The PRESIDENT overruled the Point of Order.

The question then was the motion to set the Bill for Special Order.

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

Courson Giese Gilbert
Hayes Helmly Hinds
Hinson Leatherman Long
Macaulay Martschink Matthews
McConnell McGill Moore
O'Dell Passailaigue Patterson
Peeler Pope Rose
Russell Setzler Shealy
Smith, J.V. Smith, N.W. Stilwell
Thomas Washington Williams
Wilson

Bryan Fielding

The Bill was set for Special Order not to be taken up for consideration before Wednesday, March 20, 1991.

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

At 8:15 P.M., on motion of Senator WADDELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

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