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 Proverbs (27:17) (Today's English Version):

"People learn from one another,

Just as iron sharpens iron."
Let us pray.

Our Father, we thank You for the safe return to our labors in this Chamber of Your servants, PHIL and MICHAEL - and for the sterling example they have set for us this year in committed citizenship!

You have taught us that even good leaders must themselves be led... and that even the wise need wiser counsel... and also that wielders of power in Columbia, Washington, the Middle East or Moscow must themselves be under the sway of a Higher Power.

Be, O Lord, to us here... and to the leaders of the power-centers of the earth that Higher Power... because this is a tricky age.

Grant to us who labor here a measure of cheerfulness when things go wrong, perseverance when things are difficult... to be serene when things are irritating... strong and sharp in mind... and resourceful in spirit because, of a truth, we may learn from one another.

In the Holy Name we pray!

Amen.

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

March 28, 1991
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the Senate, and is therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

April 10, 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, South Carolina Commission on Alcohol and Drug Abuse, At Large,with term ending July 2, 1991.

Mr. Robert Thomas Thompson, Jr., 9 Black Duck Road, Hilton Head Island, South Carolina 29928

Referred to the Committee on Medical Affairs.

Reappointment, Member, South Carolina Commission for the Blind, with term to expire on May 19, 1994:

1st Congressional District:

Dr. Clay W. Evatt, Jr., Suite 112, Fairfield Office Park, Charleston, South Carolina 29401

Referred to the General Committee.

Reappointment, Member, South Carolina Commission on Alcohol and Drug Abuse, with term to expire on June 30, 1994:

6th Congressional District:

Mr. W.C. Jenkins, Post Office Box 273, Pamplico, South Carolina 29583

Referred to the Committee on Medical Affairs.

Appointment, Member, South Carolina Commission on Archives and History, At-Large, with term to expire coterminously with the Governor:

Mrs. Nancy D. Hawk, 1 Meeting Street, Charleston, South Carolina 29401 VICE David B. McCormack

Referred to the General Committee.

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

Document No. 1375
Promulgated By Department of Health and Environmental Control
Standards for Licensing Hospitals and Institutional General Infirmaries
Received By Lt. Governor April 15, 1991
Referred to Senate Committee on Medical Affairs
120 day review expiration date August 13, 1991

Senator McCONNELL introduced Dr. Ray Nickles of Charleston, S.C., Doctor of the Day.

Senator WASHINGTON introduced Dr. Allan Rashford of Charleston, S.C., Doctor of the Day.

Senator SETZLER requested and was granted a leave of absence for Thursday, April 18, 1991.

Columbia, S.C., April 17, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that the Senate having receded from its amendments, has ordered the following Bill enrolled for ratification:
H. 3349 -- Rep. Cork: A BILL TO AMEND SECTION 50-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPOTTED SEA TROUT AND RED DRUM, SO AS TO REDUCE THE LEGAL CATCH LIMITS FOR SPOTTED SEA TROUT FROM TWENTY TO TEN A DAY AND FOR RED DRUM FROM TWENTY TO FIVE A DAY, TO EXTEND THE CLOSED SEASON FOR GIGGING FOR THESE FISH BY ONE MONTH, TO PROVIDE A CATCH OR POSSESSION LIMIT OF TWENTY A DAY FOR FLOUNDER, AND TO PROVIDE FOR EMERGENCY REGULATIONS BECAUSE OF NATURAL OR MAN-INDUCED PHENOMENA.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., April 17, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3649 -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND SECTION 50-11-390, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT REGARDING ANTLERLESS DEER, SO AS TO REVISE THE DEPARTMENT'S AUTHORITY AND RELATED PENALTIES.
and has ordered the Bill enrolled for ratification.

Very respectfully,
Speaker of the House

Received as information.

H. 3743 -- 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; 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 WILLIAMS asked unanimous consent to take the Bill up for immediate consideration.

Senator BRYAN objected.

H. 3743 -- 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; 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 WILLIAMS asked unanimous consent to set the Bill as Special Order.

Senator BRYAN objected.

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

The House returned the Bill with amendments.

Senator LAND explained the amendments.

On motion of Senator LAND, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

S. 882 -- Senators Drummond, Land and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-55 SO AS TO ENACT THE "FAIR WHOLESALE PRICING OF MOTOR FUEL ACT", BY PROHIBITING A MOTOR FUEL REFINER OR SUPPLIER FROM SELLING AT WHOLESALE AT A PRICE GREATER THAN OR EQUAL TO THE PRICE THE REFINER OR SUPPLIER SELLS THE SAME GRADE OF MOTOR FUEL AT A RETAIL OUTLET OPERATED BY THE REFINER OR SUPPLIER OR GREATER THAN OR EQUAL TO THE LOWEST PRICE THE REFINER OR SUPPLIER SELLS THE SAME GRADE OF MOTOR FUEL TO A COMMERCIAL ACCOUNT, AND TO PROVIDE FOR INJUNCTIVE RELIEF AND TREBLE DAMAGES.

On motion of Senator DRUMMOND, with unanimous consent, the Bill was recalled from the Committee on Banking and Insurance and referred to the Committee on Labor, Commerce and Industry.

H. 3743 -- 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; 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 WILLIAMS asked unanimous consent to take the Bill up for immediate consideration.

Senator BRYAN objected.

S. 894 -- Senators Giese, Lourie, Patterson and Courson: A SENATE RESOLUTION TO ALLOW THE KEENAN HIGH SCHOOL "RAIDERS" BOYS BASKETBALL TEAM AND ITS COACH THE PRIVILEGE OF THE FLOOR OF THE SENATE IN THE AREA BEHIND THE RAIL ON WEDNESDAY, APRIL 17, 1991, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE CLASS AAA STATE BASKETBALL CHAMPIONSHIP FOR 1991.

In accordance with the provisions of S. 894, the Privilege of the Chamber to that area behind the rail was extended to the Keenan High School "Raiders" basketball team and its coaches.

Senators GIESE, LOURIE and COURSON commended the team upon winning the Class AAA State Basketball Championship for 1991.

The following were introduced:

S. 895 -- Senators Nell W. Smith and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-615 SO AS TO PROVIDE FOR REPORTS OF CRIMINAL OFFENSES ALLEGED TO HAVE BEEN COMMITTED AGAINST A CHILD BY A SCHOOL DISTRICT EMPLOYEE ON SCHOOL DISTRICT PROPERTY OR DURING AN OFFICIAL SCHOOL ACTIVITY, INVESTIGATION, PROSECUTION, AND LIMITATION ON EMPLOYMENT.

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

S. 896 -- Senator Long: A BILL TO AMEND TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 SO AS TO REQUIRE MEDIATION BETWEEN FARM DEBTORS AND CREDITORS, TO IMPLEMENT RESTRUCTURING OF DEBT PAYMENTS TO AVOID FORECLOSURES, AND TO ENABLE FARMERS TO CONTINUE OPERATING OR TO REACH OTHER MUTUALLY BENEFICIAL AGREEMENTS.

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

S. 897 -- Senators Saleeby and Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-57-45 SO AS TO PROVIDE REQUIREMENTS FOR SOLICITATION MATERIAL BY INSURANCE AGENCIES, INSURERS, AND HEALTH MAINTENANCE ORGANIZATIONS.

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

S. 898 -- Senator Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-15 SO AS TO PROVIDE FOR A PROCEDURE FOR STATE OFFICERS AND EMPLOYEES TO FOLLOW WHEN AN EMERGENCY DECLARATION IS ISSUED BY THE GOVERNOR WHICH CLOSES STATE OFFICES.

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

S. 899 -- Senator Drummond: A BILL TO AMEND SECTION 50-17-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOURS FOR TRAWLING FOR SHRIMP, SO AS TO REDEFINE THE PERIOD IN WHICH A PERSON MAY LAWFULLY TRAWL FOR SHRIMP.

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

S. 900 -- Senator Drummond: A BILL TO AMEND SECTION 50-17-422, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE OF GILL NETS FOR TAKING AMERICAN SHAD IN STATE WATERS OF THE ATLANTIC OCEAN, SO AS TO PROVIDE THAT EACH NET SET IN VIOLATION OF THIS SECTION CONSTITUTES A SEPARATE OFFENSE.

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

S. 901 -- Senator Drummond: A BILL TO AMEND SECTION 50-17-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USING CERTAIN NETS TO FISH WITHIN THREE MILES FROM WINYAH BAY JETTIES, SO AS TO CLARIFY THE PENALTY TO INCLUDE THE SEIZURE OF AN ENGINE AND ALL RELATED EQUIPMENT FOR A VIOLATION OF THIS SECTION.

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

S. 902 -- Senators Drummond and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 50 SO AS TO PROVIDE FOR A PRIVATE BOAT LANDING LOAN PROGRAM AND A RELATED REPORT TO THE GENERAL ASSEMBLY.

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

S. 903 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-545 SO AS TO PROVIDE A PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S COURT UPON PETITION OF THE SOLICITOR IN THAT CIRCUIT TO THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE, REQUIRE A TIME LIMIT ON THE REMOVAL OF THE CASE FROM THE DOCKET OF THE GENERAL SESSIONS COURT, REQUIRE THE SOLICITOR'S OFFICE TO PROSECUTE ALL TRANSFERRED CASES, AND REQUIRE ALL TRANSFERRED CASES TO BE RECORDED ON TAPE AND MAINTAINED BY THE CLERK OF COURT.

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

H. 3922 -- Reps. Carnell, McAbee, Tucker, Townsend, Cooper, Chamblee, Shirley, Sheheen, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, Boan, G. Brown, H. Brown, J. Brown, Bruce, Burch, Burriss, Cato, Clyborne, Cole, Corbett, Cork, Corning, Cromer, D. Elliott, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Houck, Huff, Inabinett, Jaskwhich, Jennings, J.C. Johnson, J.W. Johnson, Keegan, Keesley, Kempe, Keyserling, Kinon, Kirsh, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McCain, McCraw, McElveen, McGinnis, McKay, McLeod, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Rogers, Ross, Rudnick, Scott, Sharpe, Short, Smith, Snow, Stoddard, Sturkie, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION TO CONGRATULATE ONE OF SOUTH CAROLINA'S MOST OUTSTANDING PUBLIC SERVANTS, THE HONORABLE PATRICK BRADLEY HARRIS, ON THE OCCASION OF HIS UPCOMING EIGHTIETH BIRTHDAY.

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

H. 3923 -- Rep. Rudnick: A CONCURRENT RESOLUTION COMMENDING THE SOUTH CAROLINA STATE LIBRARY FOR SPONSORING A "READ-IN" ON THE STATE HOUSE GROUNDS ON APRIL 17, 1991 -- A PRO-LITERACY EVENT CELEBRATING THE IMPORTANCE AND JOY OF READING IN OUR EVERYDAY LIVES.

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

Senator POPE, from the Committee on Judiciary, submitted a favorable report on:

S. 540 -- Senator Pope: A BILL TO AMEND SECTION 17-15-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING REQUIREMENTS FOR A SURETY COMPANY WITH RESPECT TO GUARANTEED ARREST BOND CERTIFICATES ISSUED BY AN AUTOMOBILE CLUB OR ASSOCIATION, SO AS TO INCREASE THE LIMIT OF THE COMPANY'S OBLIGATION FROM FIVE HUNDRED TO ONE THOUSAND FIVE HUNDRED DOLLARS.

Ordered for consideration tomorrow.

Senator LONG, from the Committee on Judiciary, submitted a favorable with amendment report on:

S. 554 -- Senator Pope: A BILL TO AMEND CHAPTER 5, TITLE 22, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATE'S POWERS AND DUTIES IN CRIMINAL MATTERS, BY ADDING ARTICLE 11 SO AS TO PROVIDE THAT A PERSON CONVICTED OF A FIRST OFFENSE WITHIN THE JURISDICTION OF MAGISTRATE'S COURT MAY HAVE HIS CRIMINAL RECORD FOR THIS OFFENSE EXPUNGED UNDER CERTAIN CONDITIONS.

Ordered for consideration tomorrow.

Senator MATTHEWS, from the Committee on Judiciary, submitted a favorable with amendment report on:

S. 713 -- Senator Rose: A BILL TO AMEND ACT 267 OF 1985, RELATING TO ANNEXATION OF A PORTION OF CHARLESTON COUNTY BY DORCHESTER COUNTY, SO AS TO PROVIDE FOR THE MEMBERSHIP OF THE DORCHESTER COUNTY DELEGATION.

Ordered for consideration tomorrow.

Senator HAYES, from the Committee on Judiciary, submitted a favorable report on:

H. 3002 -- Rep. Kirsh: A BILL TO AMEND SECTION 4-15-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF GENERAL OBLIGATION BONDS OF A COUNTY AS A RESULT OF AN ELECTION AND THE TIME LIMIT FOR THE ISSUANCE OF THEM, SO AS TO EXTEND THE TIME LIMIT FOR THE ISSUANCE OF THESE BONDS FROM THREE TO FIVE YEARS AND TO PROVIDE THAT THE FIVE-YEAR PERIOD IS TOLLED WHILE LITIGATION CONTESTING THE VALIDITY OF THE ELECTION IS PENDING.

Ordered for consideration tomorrow.

Senator BRYAN, from the Committee on Judiciary, submitted a favorable report on:

H. 3021 -- Rep. Gentry: A BILL TO REPEAL SECTION 14-23-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR A JUDGE OF PROBATE TO FILE A DESCRIPTION OF THE REAL ESTATE OF A DECEASED PERSON WITH THE COUNTY AUDITOR.

Ordered for consideration tomorrow.

Senator LONG, from the Committee on Judiciary, submitted a favorable report on:

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

Ordered for consideration tomorrow.

Senator POPE, from the Committee on Judiciary, submitted a favorable report on:

H. 3069 -- Reps. Farr, Haskins, Short, Sheheen, Waites, Wilkins and Rama: A BILL TO AMEND SECTION 7-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF PARTY CONVENTIONS OR PARTY PRIMARY ELECTIONS, SO AS TO ALLOW A CERTIFIED POLITICAL PARTY TO HOLD A PRESIDENTIAL PRIMARY ELECTION, AND TO REQUIRE THE STATE COMMITTEE OF THE PARTY TO SET THE DATE AND THE HOURS FOR THE PRESIDENTIAL PRIMARY ELECTION AND THE FILING REQUIREMENTS.

Ordered for consideration tomorrow.

Senator BRYAN, from the Committee on Judiciary, submitted a favorable report on:

H. 3083 -- Rep. Manly: A BILL TO AMEND SECTION 7-11-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSTITUTION OF CANDIDATES WHEN A PARTY NOMINEE DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR LEGITIMATE NONPOLITICAL REASONS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY WHEN THE NOMINEE WAS NOMINATED BY PARTY PRIMARY ELECTION AND TO REVISE CERTAIN ELECTION PROCEDURES CONTAINED IN THE SECTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 7-11-55, SO AS TO REQUIRE A SPECIAL PRIMARY ELECTION TO FILL A VACANCY IN CASES WHERE A PARTY NOMINEE WHO WAS NOMINATED BY A PARTY PRIMARY ELECTION DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR LEGITIMATE NONPOLITICAL REASONS, AND TO PROVIDE FOR CERTAIN PROCEDURES AND ELECTION DATES IN REGARD TO THIS PROVISION.

Ordered for consideration tomorrow.

Senator McCONNELL, from the Committee on Judiciary, submitted a favorable report on:

H. 3086 -- Rep. Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-105 SO AS TO PROVIDE THAT THE GOVERNING BOARD OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT PROVIDING FIRE PROTECTION SERVICES MAY PLACE AN EMERGENCY BAN ON THE BURNING OF TRASH OR DEBRIS WITHIN THE DISTRICT FOR A SPECIFIED PERIOD OF TIME IF CIRCUMSTANCES REQUIRE AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Ordered for consideration tomorrow.

Senator PATTERSON, from the Committee on Judiciary, submitted a favorable with amendment report on:

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

Ordered for consideration tomorrow.

Senator COURSON, from the Committee on Judiciary, submitted a favorable report on:

H. 3368 -- Reps. Fair, Sharpe, Rama, J. Bailey, Huff, Cork, Wells, Quinn, Harvin, Haskins, Jaskwhich, Holt, Wright, Neilson, Littlejohn, Fulmer, G. Bailey, Phillips, Gonzales, Vaughn, Burriss, H. Brown, Koon, M. Martin, McGinnis, McCain, Bruce and Marchbanks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-410 SO AS TO CREATE THE CRIME OF THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR FOR POSSESSION OF MATERIAL THAT CONTAINS A VISUAL REPRESENTATION OF A MINOR ENGAGED IN SEXUAL ACTIVITY AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 16-15-375 OF THE 1976 CODE, RELATING TO DEFINITIONS APPLICABLE TO SECTIONS 16-15-385 THROUGH 16-15-425, SO AS TO INCLUDE SECTION 16-15-410.

Ordered for consideration tomorrow.

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

H. 3760 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO INVITE THE AWARD WINNING MOUNT PLEASANT HIGH SCHOOL CHORUS, OF MOUNT PLEASANT HIGH SCHOOL IN LEE COUNTY, TO ATTEND A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MAY 1, 1991, FROM 11:00 TO 11:30 A.M. TO PERFORM FOR THE MEMBERS OF THE GENERAL ASSEMBLY AND TO BE RECOGNIZED FOR ITS SPLENDID ACCOMPLISHMENTS.

Ordered for consideration tomorrow.

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

H. 3799 -- Rep. M.O. Alexander: A CONCURRENT RESOLUTION TO DESIGNATE APRIL 21-27, 1991, AS ORGAN AND TISSUE DONOR AWARENESS WEEK.

Ordered for consideration tomorrow.

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

An invitation from Columbia Chapter of the Alzheimer's Assn. to attend a Dinner at the William S. Hall Institute on Tuesday, May 7, 1991, from 6:00 - 8:00 P.M.

The invitation was accepted.

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

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

H. 3046 -- Reps. P. Harris, Whipper, Waites and Waldrop: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA STATE HOUSING, FINANCE, AND DEVELOPMENT AUTHORITY IN COOPERATION WITH THE SOUTH CAROLINA COMMISSION ON AGING TO STUDY THE HOUSING NEEDS OF LOW AND MODERATE INCOME ELDERLY WITH SPECIAL ATTENTION TO REVERSE MORTGAGE PROGRAMS AND REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON AGING.

H. 3728 -- Rep. D. Martin: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF BETA KAPPA LAMBDA CHAPTER OF ALPHA PHI ALPHA FRATERNITY, INC., IN CHARLESTON COUNTY.

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

H. 3379 -- Reps. Gregory, Nettles, Short, Wilkins, Kirsh, Boan and J. Brown: A BILL TO AMEND SECTIONS 48-27-130 AND 48-27-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR QUALIFICATION AS A REGISTERED FORESTER INSIDE AND OUTSIDE SOUTH CAROLINA, SO AS TO DELETE THE REFERENCE TO CHARACTER AND REPUTATION, PROHIBIT REGISTRATION OF PERSONS CONVICTED OF A FELONY OR CRIME INVOLVING MORAL TURPITUDE, AND PROVIDE EXCEPTIONS; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD OF REGISTRATION FOR FORESTERS FOR SIX YEARS.

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

S. 510 -- Senator Bryan: A BILL TO AMEND SECTION 62-5-501, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DURABLE POWER OF ATTORNEY, SO AS TO MAKE VALID IN THIS STATE A DURABLE POWER OF ATTORNEY EXECUTED IN ANOTHER JURISDICTION IF THE DURABLE POWER OF ATTORNEY, WHEN EXECUTED, COMPLIED WITH THE LAW APPLYING TO SUCH INSTRUMENTS IN THE JURISDICTION WHERE IT WAS EXECUTED, AND TO PROVIDE FOR THE RECORDING OF SUCH INSTRUMENTS.

S. 879 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL SAFETY ASSESSMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1371, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3808 -- Rep. Wilkins: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE THE POLLING PLACES FOR PRECINCT 6, GREENVILLE, AND PRECINCT 117, WARE PLACE.

On motion of Senator STILWELL, H. 3808 was ordered to receive a third reading on Thursday, April 18, 1991.

S. 890 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 34-29-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITTED CHARGES AND OTHER TERMS AND CONDITIONS OF LOANS MADE UNDER THE CONSUMER FINANCE LAW, SO AS TO REVISE FINANCE CHARGES AND INITIAL CHARGES ON CERTAIN LOANS, AND TO PROVIDE THAT CERTAIN DOLLAR AMOUNTS OF THIS SECTION MUST BE ADJUSTED FOR INFLATION IN THE SAME MANNER THAT ADJUSTMENTS FOR INFLATION ARE MADE UNDER THE CONSUMER PROTECTION CODE, TO AMEND SECTION 34-29-250, RELATING TO CRIMINAL PENALTIES FOR CONSUMER FINANCE LAW VIOLATIONS, SO AS TO AUTHORIZE THE BOARD OF FINANCIAL INSTITUTIONS TO ALSO ASSESS CIVIL PENALTIES FOR VIOLATIONS, AND TO REPEAL SECTION 34-29-230 RELATING TO REGULATORY PROVISIONS REGARDING PARTICULAR PERSONS ENGAGED IN THE LENDING BUSINESS.

S. 762 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-95 SO AS TO MAKE IT UNLAWFUL TO HAVE IN ONE'S POSSESSION OR TO LAND OR SELL ANY SPECIES OF FISH TAKEN BY MEANS OF A BANGSTICK OR SIMILAR DEVICE.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

The amendment proposed by the Committee on Fish, Game and Forestry (BBM/9333.JM), was adopted as follows:

Amend the bill, as and if amended, by striking Section 50-17-95, as contained in SECTION 1, and inserting:

/"Section 50-17-95. It is unlawful to knowingly have in one's possession or to land or sell in this State any species of fish taken by means of a bangstick or similar device. For the purposes of this section, a bangstick is defined as any device containing a pistol, rifle, shotgun shell, or other explosive charge, which is mounted on a spear, pole, or other contrivance which is detonated to stun or kill fish."/

Amend title to conform.

There being no further amendments, the Bill was read the second time.

On motion of Senator DRUMMOND, with unanimous consent, S. 762 was ordered to receive a third reading on Thursday, April 18, 1991.

H. 3380 -- Reps. Gregory, Nettles, Short, Boan, Wilkins, Kirsh and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-17-55 SO AS TO PROVIDE THE QUALIFICATIONS OF APPLICANTS AND REQUIREMENTS OF APPLICATIONS FOR PRIVATE DETECTIVE BUSINESSES; TO AMEND SECTION 40-17-20, RELATING TO DEFINITIONS IN THE PRIVATE DETECTIVE AND PRIVATE SECURITY AGENCIES ACT, SO AS TO CHANGE THE REFERENCE TO LICENSED PRIVATE DETECTIVE TO REGISTERED PRIVATE DETECTIVE; TO AMEND SECTION 40-17-30, RELATING TO THE POWERS AND DUTIES OF THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO PROVIDE SEPARATE POWERS AND DUTIES FOR PRIVATE SECURITY AND DETECTIVE BUSINESSES; TO AMEND SECTION 40-17-50, RELATING TO QUALIFICATIONS OF APPLICANTS AND REQUIREMENTS OF APPLICATIONS FOR PRIVATE SECURITY AND DETECTIVE BUSINESSES, SO AS TO DELETE REFERENCES TO PRIVATE DETECTIVE BUSINESSES AND THE CHARACTER REQUIREMENT; TO AMEND SECTION 40-17-60, RELATING TO BONDS OF APPLICANTS, SO AS TO PROVIDE FOR THE BOND REQUIREMENTS TO APPLY TO PRIVATE SECURITY BUSINESSES; TO AMEND SECTION 40-17-70, RELATING TO LICENSES FOR PRIVATE DETECTIVE AND SECURITY BUSINESSES, SO AS TO PROVIDE FOR REGISTRATION INSTEAD OF LICENSING OF PRIVATE DETECTIVES AND DELETE THE CHARACTER REQUIREMENT; TO AMEND SECTION 40-17-80, RELATING TO REGISTRATION OF EMPLOYEES OF LICENSEES, SO AS TO DELETE THE REFERENCES TO AGENTS AND CHARACTER; TO AMEND SECTION 40-17-120, RELATING TO PERMITS TO CARRY FIREARMS, SO AS TO CHANGE THE REFERENCE TO LICENSED PRIVATE DETECTIVE TO REGISTERED PRIVATE DETECTIVE; TO AMEND SECTION 40-17-140, RELATING TO SUSPENSION AND REVOCATION OF LICENSES AND REGISTRATIONS, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO REGISTERED PRIVATE DETECTIVES; AND TO REAUTHORIZE THE EXISTENCE OF THE PRIVATE DETECTIVE AND PRIVATE SECURITY PROGRAM FOR SIX YEARS.

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

Senators COURSON and LONG proposed the following amendment (JUD3380.2), which was adopted:

Amend the bill, as and if amended, page 2, line 10, in Section 40-17-55, as contained in SECTION 1, by striking the words /or corporation/ .

Amend the bill further, as and if amended, page 2, beginning on line 13, in Section 40-17-55, as contained in SECTION 1, by striking the words /or corporation whose head/ and inserting therein the word /who/ .

Amend the bill further, as and if amended, page 4, beginning on line 18, in Section 40-17-30(A), as contained in SECTION 3, by striking item (5) in its entirety and inserting therein:

/(5) To conduct provide training seminars for the purposes of training individuals to be training officers and to train employees of or applicants for employment with licenses to insure ensure that they have requisite knowledge and skills necessary to the detective and private security business. The fee for attending such seminars shall be sixty dollars set by the designated training facility and it shall be retained by the division that facility for the purpose of defraying the costs of conducting the seminars. ;

(6) certify and register company training officers prior to their training for private security agencies; and

(7) approve, with the advice and consent of the South Carolina Criminal Justice Academy, the curriculum for the training seminars./

Amend the bill further, as and if amended, page 4, after line 41, in Section 40-17-30, as contained in SECTION 3, by adding a new subsection to read:

/(C) All company training officers certified prior to October 3, 1986, shall be required to be recertified within one year of enactment of this amendment./

Amend the bill further, as and if amended, page 7, beginning on line 31, in Section 40-17-70, as contained in SECTION 6, by striking lines 31 through 34 in their entirety and inserting therein:

/(e)(D) Immediately upon the receipt of a license certificate issued by the division pursuant to this chapter, the private security business licensee shall post and at all times display such/ .

Amend the bill further, as and if amended, page 7, after line 38, by adding an appropriately numbered SECTION to read:

/SECTION ____. Chapter 17, Title 40 of the 1976 Code is amended by adding:

"Section 40-17-75. A private detective, registering under the provisions of this chapter, shall provide the division the address of each business location and branch office and notify the division of any change of business address within thirty days of any change of address."/

Amend the bill further, as and if amended, page 11, beginning on line 17, in Section 40-17-140(A), as contained in SECTION 9, by striking item (8) in its entirety and inserting therein:

/(8) wilfully failed or refused to provide a written contract outlining services to be provided and fees charged; or to render a client service as agreed upon; or to provide a written report detailing investigative hours worked and results of the investigation;/

Amend the bill further, as and if amended, page 12, after line 18, by adding an appropriately numbered SECTION to read:

/SECTION ____. Chapter 17, Title 40 of the 1976 Code is amended by adding:

"Section 40-17-145. A private detective, registered under the provisions of this chapter, shall maintain copies of all written contracts outlining services to be rendered for a period of three years. These copies shall be available for inspection by the division during regular business hours."/

Renumber sections to conform.

Amend title to conform.

Senator COURSON explained the amendment.

There being no further amendments, the Bill was read the second time.

On motion of Senator COURSON, with unanimous consent, H. 3380 was ordered to receive a third reading on Thursday, April 18, 1991.

S. 732 -- Senator Moore: A BILL TO AMEND SECTION 13-9-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SAVANNAH VALLEY AUTHORITY AND ITS MEMBERSHIP, SO AS TO RESTRUCTURE AND INCREASE THE MEMBERSHIP OF THE GOVERNING BOARD OF THE AUTHORITY; TO AMEND SECTION 13-9-20, RELATING TO THE OFFICERS AND MEETINGS OF THE AUTHORITY'S GOVERNING BOARD, SO AS TO PROVIDE THAT SEVEN, RATHER THAN FOUR, MEMBERS CONSTITUTE A QUORUM FOR TRANSACTING BUSINESS; TO AMEND SECTION 13-9-35, RELATING TO THE AUTHORITY'S EXERCISE OF POWERS, SO AS TO DELETE PROVISIONS REQUIRING THE CONSENT OF A MAJORITY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES REPRESENTING THE COUNTY AND A MAJORITY OF THE SENATORS REPRESENTING THE COUNTY FOR THE AUTHORITY TO EXERCISE THE POWERS AND DUTIES UNDER SECTION 13-9-30 IN THE ENTIRE AREA OF ANY COUNTY OR PORTION OF ANY COUNTY WHICH BORDERS THE SAVANNAH RIVER OR IS WITHIN THE RIVER BASIN, INCLUDING PROVISIONS FOR THE REMOVAL OF THIS CONSENT; TO PROVIDE FOR THE EXTENSION OF TERMS OF CURRENT BOARD MEMBERS; AND TO PROVIDE THAT CURRENT MEMBERS ARE ELIGIBLE FOR APPOINTMENT AS MEMBERS OF THE RECONSTITUTED BOARD.

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

The amendment proposed by the Committee on Judiciary (JUD732.1), was adopted as follows:

Amend the bill, as and if amended, page 3, line 37, in Section 13-9-10, as contained in SECTION 1, by inserting the following: /Members may be removed by the Governor for cause or at will./ after /appointment./

Amend title to conform.

Senator MOORE explained the amendment.

Senator MOORE proposed the following amendment (N05\7480.BD), which was adopted:

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

/SECTION 1. Section 13-9-10 of the 1976 Code, as last amended by Act 685 of 1988, is further amended to read:

"Section 13-9-10. There is created the Savannah Valley Authority of South Carolina, referred to in this chapter as the 'authority'. The governing body of the authority consists of an eight-member board appointed by the Governor for terms of four years and until successors are appointed and qualify.

At least two of the appointed members must be residents of McCormick County recommended by the legislative delegation of that county.

At least two of the appointed members must be residents of Abbeville County recommended by the legislative delegation of that county.

At least one of the appointed members must be a resident of Anderson County recommended by the legislative delegation of that county.

Vacancies on the board for any reason must be filled for the unexpired term in the manner of original appointment. Members may be removed by the Governor for cause or at will. (A) There is created the Savannah Valley Authority of South Carolina, referred to in this chapter as the `authority'. The governing body of the authority is a thirteen-member board appointed by the Governor for terms of four years, with the advice and consent of the Senate, as follows:

(1) at least one member must be a resident of Anderson County;

(2) at least one member must be a resident of Abbeville County;

(3) at least one member must be a resident of McCormick County;

(4) at least one member must be a resident of Aiken County;

(5) at least one member must be a resident of Edgefield County;

(6) a member must be from the Second Judicial Circuit, which member is a resident of Aiken or Barnwell counties only;

(7) a member must be from the Eighth Judicial Circuit, which member is a resident of Abbeville or Greenwood counties only;

(8) a member must be from the Tenth Judicial Circuit, which member is a resident of either county in that circuit;

(9) a member must be from the Eleventh Judicial Circuit, which member is a resident of McCormick, Edgefield, or Saluda counties only;

(10) a member must be from the Thirteenth Judicial Circuit, which member is a resident of Pickens County only;

(11) a member must be from the Fourteenth Judicial Circuit, which member is a resident of Allendale, Hampton, or Jasper counties only;

(12) two members must be at-large from the State.

(B) Vacancies must be filled for the unexpired term in the manner of original appointment."

SECTION 2. Section 13-9-20 of the 1976 Code is amended to read:

"Section 13-9-20. The members of the board shall elect one member as chairman and one as vice-chairman and shall also elect a secretary. The board shall meet upon the call of its chairman, and four seven members constitute a quorum for the transaction of its business."

SECTION 3. Section 13-9-35 of the 1976 Code, as added by Act 685 of 1988, is amended to read:

"Section 13-9-35. Upon consent of a majority of the members of the House of Representatives representing the county and a majority of the Senators representing the county, the authority may exercise any of the powers and duties conveyed under the provisions of Section 13-9-30 in the entire area of any a county or portion of any a county which borders the Savannah River or is within the Savannah River Basin; provided, that this consent once given shall continue and may be removed only upon consent of a majority of the members of the House of Representatives representing the county, upon consent of a majority of the Senators representing the county, and upon consent of a majority of the Savannah Valley Authority."

SECTION 4. Members of the board of the Savannah Valley Authority serving on the effective date of this act serve until four years after that date. New members appointed pursuant to Section 13-9-10 of the 1976 Code amended in Section 1 of this act serve initial terms of two years.

SECTION 5. This act takes effect upon approval by the Governor./

Amend title to conform.

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

H. 3048 -- Rep. Keyserling: A BILL TO AMEND SECTION 56-7-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM TRAFFIC TICKET, SO AS TO PROVIDE THAT THE UNIFORM TRAFFIC TICKET MUST BE USED FOR VIOLATIONS OF COUNTY OR MUNICIPAL ORDINANCES.

On motion of Senator POPE, the Bill was referred to Committee on Judiciary.

S. 807 -- Senator Drummond: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON FRIDAY, JUNE 14, 1991, AND SATURDAY, JUNE 15, 1991.

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

H. 3593 -- Rep. Fair: A CONCURRENT RESOLUTION TO AUTHORIZE THE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE AND HOUSE OF REPRESENTATIVES CHAMBERS WEDNESDAY, DECEMBER 4, 1991, THROUGH SATURDAY, DECEMBER 7, 1991, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.

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

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

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

Senator COURSON explained the Resolution.

On immediate consideration, the Senate Resolution was adopted.

S. 849 -- Senator J. Verne Smith: A SENATE RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER AND THE COMMITTEE HEARING ROOMS IN THE GRESSETTE BUILDING ON THURSDAY, DECEMBER 5, 1991, AND FRIDAY, DECEMBER 6, 1991, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.

On immediate consideration, the Senate Resolution was adopted.

S. 610 -- Senators Rose, McGill, Reese and Thomas: A BILL TO AMEND SECTION 44-53-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE OF PROPERTY OBTAINED THROUGH OR USED FOR TRANSACTIONS INVOLVING ILLEGAL CONTROLLED SUBSTANCES, SO AS TO PROVIDE FOR PUBLIC DISCLOSURE OF PROPERTY SEIZED AND TO PROHIBIT LAW ENFORCEMENT OFFICERS FROM USING FORFEITED PROPERTY FOR PERSONAL PURPOSES; AND TO AMEND SECTION 44-53-530, AS AMENDED, RELATING TO DISPOSITION OF PROCEEDS OF SALES, SO AS TO PROVIDE FOR DOCUMENTATION AND PUBLIC DISCLOSURE OF THE USE OF SEIZED PROPERTY.

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

Senators ROSE and BRYAN spoke on the amendment.

Senator LOURIE objected to further consideration of the Bill.

The following Bills were carried over:

S. 341 -- Senators Wilson and Rose: A BILL TO AMEND SECTION 7-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE COMMITTEES OF POLITICAL PARTIES, SO AS TO PROVIDE THAT IN THE CASE OF THE REPUBLICAN AND DEMOCRATIC STATE COMMITTEES, THE PRESIDENTS OF THE SOUTH CAROLINA FEDERATION OF REPUBLICAN WOMEN AND THE SOUTH CAROLINA FEDERATION OF DEMOCRATIC WOMEN ARE EX OFFICIO MEMBERS OF THEIR RESPECTIVE STATE COMMITTEES.

Senator WILSON explained the Bill.

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

S. 383 -- Senator Moore: A BILL TO AMEND SECTION 6-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNING BODY OF ANY COUNTY TO ESTABLISH A UNIFORM ELECTION DATE FOR THE ELECTION OF MEMBERS OF THE GOVERNING BODIES OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY, SO AS TO AUTHORIZE THE GOVERNING BODY OF ANY COUNTY TO ESTABLISH BY ORDINANCE OR RESOLUTION THE MINIMUM NUMBER OF SIGNATURES NECESSARY ON A PETITION TO HAVE A CANDIDATE'S NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY.

Senator MOORE explained the Bill.

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

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

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

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

Senator WILLIAMS asked unanimous consent to make a motion that the Bill be carried over.

Senator BRYAN objected.

Senator LOURIE was recognized to speak on the Bill.

Senator LOURIE 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.

Senators MULLINAX and HINDS objected.

Senator LOURIE continued speaking on the Bill.

Senator WADDELL asked unanimous consent to make a motion that the Senate recede until 3:30 P.M., with Senator LOURIE retaining the floor.

Senator HOLLAND objected.

Senator WASHINGTON requested and was granted a leave of absence at 12:45 P.M. for the remainder of the day.

Senator LOURIE spoke on the Bill.

Senator HOLLAND argued contra to second reading of the Bill.

Debate was interrupted by recess.

At 1:02 P.M., on motion of Senator LOURIE, the Senate receded from business until 3:30 P.M.

At 3:37 P.M., the Senate resumed.

H. 3382 -- Rep. Kirsh: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM, AND SECTION 9-11-50, AS AMENDED, RELATING TO THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT MEMBERS OF THESE SYSTEMS AT RETIREMENT, AFTER MARCH 31, 1991, SHALL RECEIVE CERTAIN RETIREMENT SERVICE CREDITS FOR NOT MORE THAN NINETY DAYS OF THEIR UNUSED SICK LEAVE.

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

On motion of Senator WADDELL, with unanimous consent, the Bill was ordered placed on the Calendar for consideration tomorrow.

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

Senator WILLIAMS 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 Martschink Matthews
McConnell McGill Mitchell
Moore Mullinax O'Dell
Passailaigue Patterson Peeler
Pope Reese Rose
Russell Shealy Smith, J.V.
Smith, N.W. Stilwell Thomas
Waddell Williams Wilson

The Senate resumed.

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

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

Senator LOURIE 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.

Senators HINSON and HOLLAND objected.

Senator PASSAILAIGUE was recognized to speak on the Bill.

Senator LAND argued contra to second reading of the Bill.

Senator WILLIAMS requested and was granted a leave of absence at 4:15 P.M. today until Thursday, April 18, 1991, at 11:00 A.M.

Senator LAND continued arguing contra to second reading of the Bill.

On motion of Senator WADDELL, with unanimous consent, debate was interrupted with Senator LAND retaining the floor.

Senator McCONNELL, with unanimous consent, made a report on behalf of the Senate Subcommittee on Reapportionment and Redistricting.

On motion of Senator McCONNELL, the following statement was ordered printed in the Journal:

Ladies and Gentlemen of the Senate:

We have for your use the latest map products produced by our Redistricting Subcommittee staff available for you to pick up today. These maps will show you 1980 Senate district lines overlaying 1990 census geography and population data. If, at your convenience, you will see Mike Couick in the President Pro Tempore's office directly outside this chamber, he will be glad to provide you your map.

For those members who have yet to mark your place of residence, please do this while you are in the President Pro Tempore's office.

Finally, I would like to announce something that I know all of you have been looking forward to -- we will make available for each Senator's use the Senate's computer hardware and software beginning tomorrow morning at 8:00 A.M. by reservation. You may reserve a time on a first come basis. Please see Mike in the President Pro Tempore's office to reserve your time slot.

The Redistricting Subcommittee has charged the staff to come up with a proposed Senate and Congressional redistricting plan within the next ten days to two weeks. We hope that by giving you an opportunity to work with these maps and with the computer software that you will be able to make suggestions to the staff.

Thank you.

At 5:36 P.M., on motion of Senator WADDELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

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