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 words recorded in the Gospel of St. Mark (6:21-32) that include:

"Come ye apart

and rest awhile".
Let us pray.

O Lord... our Lord... we feel that we ought... and we'd like... to "come apart and rest awhile... but then we ask, "But where's the time?"

We know we ought... and we'd like to sense the infinite beyond this noisy... and demanding... finite.

Our days are tense and strenuous, and we need the quiet time to get things in perspective... and order our values.

O God, Who knowest how straightened we are... and crowded with the cares of life, mercifully help us to find the way into Your presence, where there is fullness of joy and peace... and strength and hope!

Amen.

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

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 General Assembly," and are, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Reappointment, Member, State Ethics Commission, with term to expire May 31, 1995:

4th Congressional District:

Mr. William A. Coates, 214 Cleveland Street, Greenville, South Carolina 29601

Referred to the Committee on Ethics.

Appointment, Member, Children's Trust Fund of South Carolina, with term to expire June 30, 1994:

6th Congressional District:

Mr. David V. Barr, 1704 North Norwood Lane, Florence, South Carolina 29501 VICE James E. Byrd (resigned)

Referred to the Committee on Medical Affairs.

April 17, 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.

Reappointment, Member, State Board of Corrections, with term to expire on June 30, 1997:

2nd Congressional District:

Mr. Norman Kirkland, Post Office Box 544, Bamberg, South Carolina 29003

Referred to the Committee on Corrections and Penology.

Reappointment, Member, Commission on Women, At-Large, with term to expire on October 18, 1995:

Mrs. Betty G. Dominick, Post Office Box 250, Prosperity, South Carolina 29127

Referred to the General Committee.

Appointment, Member, Jobs Economic Development Authority, with term to expire July 27, 1994:

2nd Congressional District:

Ms. Sandra R. Corbitt, 4131 Chesterfield Drive, Columbia, South Carolina 29203 VICE R. Phil Roof

Referred to the Committee on Finance.

April 18, 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.

Reappointment, Member, South Carolina Foster Care Review Board, with term to expire June 30, 1995:

1st Congressional District:

Mrs. Henrietta Gaillard, 8 Weims Court, Charleston, South Carolina 29401

Referred to the Committee on Medical Affairs.

Reappointment, Member, Board of Health and Environmental Control, with term to expire June 30, 1995:

1st Congressional District:

Mr. William E. Applegate, III, 40 King Street, Charleston, South Carolina 29401

Referred to the Committee on Medical Affairs.

Reappointment, Member, South Carolina Aeronautics Commission, with term to expire October 27, 1995:

1st Congressional District:

Mr. Edwin S. Pearlstine, Post Office Box 10247, Charleston, South Carolina 29411

Referred to the Committee on Transportation.

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

Mr. R. Thornwell Dunlap, Jr., The County Bank, Post Office Box 3129, Greenwood, South Carolina 29648 VICE Raymond S. Caughman

Referred to the Committee on Banking and Insurance.

April 19, 1991
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Reappointment, Member, State Ethics Commission, with term to expire May 31, 1995:

2nd Congressional District:

Mrs. Emily C. Phillips, 3414 Kaiser Avenue, Columbia, South Carolina 29204

Referred to the Committee on Ethics.

April 18, 1991
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202

Dear Senator Moore:

Each May the South Carolina Commission on Aging honors the Outstanding Older South Carolinian at the State House during Older Americans Month.

This year the Outstanding Older South Carolinian will be honored on May 8, 1991. The South Carolina Commission on Aging invites all legislators to attend a reception in honor of the Outstanding Older South Carolinian upon adjournment of the joint legislative session until about 2 P.M.

The reception will take place in the lower lobby and on the State House Grounds. The Commission on Aging's 25th Anniversary will also be celebrated on that day.

We would like to have this date placed on the legislative calendar.

If there are any questions regarding this request please call me at 735-0210.

Sincerely,
Debra B. Smith,
Assistant Director
Education & Information Services

Referred to the Committee on Invitations.

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

Document No. 1393
Promulgated By Department of Social Services
Repeal Regulations 114-43-10 Through 114-43-99 Relating to Adoption Services
Received By Lt. Governor April 24, 1991
Referred to Senate Committee on Judiciary
120 day review expiration date August 22, 1991

Document No. 1394
Promulgated By Department of Social Services
Supplemental Benefits and Compact on Adoption and Medical Assistance
Received By Lt. Governor April 24, 1991
Referred to Senate Committee on Judiciary
120 day review expiration date August 22, 1991

Senator NELL W. SMITH introduced Dr. Larry Winn of Easley, S.C., Doctor of the Day.

Columbia, S.C., April 23, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed the Statewide Appointment:

Reappointment, Member, State Ethics Commission, with term to expire on May 31, 1995:

2nd Congressional District:

Mrs. Emily C. Phillips, 3414 Kaiser Avenue, Columbia, South Carolina 29204

Very Respectfully,
Speaker of the House

Received as information.

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

The House returned the Bill with amendments.

On motion of Senator DRUMMOND, 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.

The following were introduced:

S. 919 -- Senator Moore: A CONCURRENT RESOLUTION TO CONGRATULATE JARRELL M. BROWN ON HIS FIFTIETH ANNIVERSARY AT COWDEN PLANTATION IN JACKSON, SOUTH CAROLINA.

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

S. 920 -- Senator Rose: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 68 SO AS TO AUTHORIZE A PUPIL TO ATTEND A PUBLIC SCHOOL IN AN ATTENDANCE ZONE OR A DISTRICT OTHER THAN THE ONE IN WHICH HE RESIDES UNDER CERTAIN RESTRICTIONS, CONDITIONS, AND LIMITATIONS.

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

S. 921 -- Senators Drummond, Giese, Thomas, Hinson and J. Verne Smith: A BILL TO AMEND SECTION 12-21-2720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES FOR COIN OPERATED DEVICES OR MACHINES, SO AS TO PROVIDE THAT A MUNICIPALITY OR COUNTY MAY NOT LIMIT THE NUMBER OF MACHINES WITHIN ITS BOUNDARIES; TO AMEND SECTION 12-21-2746, RELATING TO THE LEVY OF AN ADDITIONAL LOCAL LICENSE TAX, SO AS TO SPECIFICALLY DESIGNATE PREMISES WHICH ARE SUBJECT TO THE TAX AND PROCEDURES FOR LICENSING; AND TO REPEAL SECTION 16-19-60, RELATING TO THE PROVISIONS THAT SECTIONS 16-19-40 (UNLAWFUL GAMES AND BETTING) AND 16-19-50 (KEEPING UNLAWFUL GAMING TABLES) DO NOT EXTEND TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE AND TO THE PROVISION THAT SECTION 16-19-60 DOES NOT AUTHORIZE THE LICENSING, POSSESSION, OR OPERATION OF A MACHINE WHICH DISBURSES MONEY TO THE PLAYER.

Read the first time and referred to the Finance.

S. 922 -- Senator Setzler: A BILL TO AMEND SECTION 40-13-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RENEWAL OF LICENSES FOR COSMETOLOGISTS, SO AS TO CHANGE THE REFERENCE TO AN INDIVIDUAL LICENSE TO AN ACTIVE LICENSE AND TO PROVIDE FOR AN EXEMPTION FROM THE CONTINUING EDUCATION REQUIREMENT FOR COSMETOLOGISTS WITH MORE THAN TWENTY-FIVE YEARS' WORKING EXPERIENCE.

Read the first time and referred to the General Committee.

S. 923 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-660 SO AS TO PROVIDE THAT NO CONSTRUCTION DESIGN PROFESSIONAL RETAINED TO PERFORM PROFESSIONAL SERVICES ON A CONSTRUCTION PROJECT, OR EMPLOYEE OF THE CONSTRUCTION DESIGN PROFESSIONAL, IS LIABLE FOR ANY INJURY RESULTING FROM THE EMPLOYER'S FAILURE TO COMPLY WITH SAFETY STANDARDS FOR WHICH COMPENSATION IS RECOVERABLE UNDER THE WORKERS' COMPENSATION LAW, UNLESS RESPONSIBILITY FOR SAFETY PRACTICES IS SPECIFICALLY ASSUMED BY CONTRACT, AND PROVIDE THAT THIS IMMUNITY DOES NOT APPLY TO THE NEGLIGENT PREPARATION OF DESIGN PLANS OR SPECIFICATIONS.

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

S. 924 -- Senator Wilson: A BILL TO AMEND SECTION 33-1-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT COURTS AND OTHER OFFICIAL BODIES GIVE CERTAIN EVIDENTIARY EFFECT TO COPIES OF DOCUMENTS WHICH THE SECRETARY OF STATE CERTIFIES ARE ON FILE WITH HIS OFFICE, SO AS TO ALSO REQUIRE THE COURTS AND OTHER BODIES TO GIVE CERTAIN EVIDENTIARY EFFECT TO DOCUMENTS WHICH THE SECRETARY OF STATE BY AFFIDAVIT CERTIFIES ARE NOT ON FILE WITH HIS OFFICE.

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

S. 925 -- Senator Martschink: A BILL TO AMEND SECTION 57-3-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL IDENTIFICATION CARDS ISSUED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO WAIVE THE ISSUANCE AND RENEWAL FEES FOR THE CARDS FOR MENTALLY ILL AND MENTALLY RETARDED PERSONS.

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

S. 926 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO AIR POLLUTION CONTROL STANDARDS, STANDARD NO. 8, TOXIC AIR POLLUTANTS (ADDITIONAL CHEMICALS), DESIGNATED AS REGULATION DOCUMENT NUMBER 1336, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 927 -- Judiciary Committee: A BILL TO AMEND CHAPTER 8, TITLE 36, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTMENT SECURITIES UNDER THE UNIFORM COMMERCIAL CODE, SO AS TO FURTHER PROVIDE FOR THE ISSUANCE OF THESE SECURITIES, FOR THE RIGHTS, DUTIES, AND OBLIGATIONS OF THE HOLDERS AND ISSUES OF THESE SECURITIES, FOR THE PURCHASE, TRANSFER AND REGISTRATION OF THESE SECURITIES, AND FOR THE NEGOTIABILITY OF THESE SECURITIES AND OTHER RELATED PROVISIONS, AND TO AMEND SECTIONS 36-1-201, 36-5-114, 36-9-103, 36-9-105, 36-9-203, 36-9-302, 36-9-304, 36-9-305, 36-9-309, AND 36-9-312, RELATING TO OTHER PROVISIONS OF THE UNIFORM COMMERCIAL CODE, SO AS TO REVISE THESE PROVISIONS IN ORDER TO CONFORM THEM TO THE ABOVE PROVISIONS OF CHAPTER 8.

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

H. 3944 -- Rep. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE JARRELL M. BROWN ON HIS FIFTIETH ANNIVERSARY AT COWDEN PLANTATION IN JACKSON, SOUTH CAROLINA.

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

H. 3273 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE OF THIS STATE'S ADOPTION OF VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.

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

H. 3711 -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO TITLE 50 SO AS TO PROVIDE FOR THE RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT OF 1991.

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

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

S. 141 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-745 SO AS TO AUTHORIZE MAGISTRATES TO DISMISS CRIMINAL CASES FOR LACK OF PROSECUTION.

Ordered for consideration tomorrow.

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

S. 237 -- Senator Martschink: A BILL TO AMEND SECTION 5-7-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL JURISDICTION OF COASTAL MUNICIPALITIES OVER PIERS AND OTHER STRUCTURES AND WATERS OF THE OCEAN WITHIN ONE MILE OF THE STRAND WITHIN THE CORPORATE LIMITS, SO AS TO PROVIDE THAT A COASTAL MUNICIPALITY HAS CRIMINAL JURISDICTION OVER THE WATERS OF THE OCEAN AND INLETS.

Ordered for consideration tomorrow.

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

S. 555 -- Senators Pope, McConnell, Patterson, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Leatherman, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Peeler, Reese, Rose, Russell, Saleeby, Setzler, J. Verne Smith, Nell W. Smith, Thomas, Waddell, Washington and Wilson: A BILL TO AMEND ARTICLE 15, CHAPTER 7, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE GRAND JURY SYSTEM, SO AS TO REVISE THE JURISDICTION AND CERTAIN PROCEDURES OF THE SYSTEM.

Ordered for consideration tomorrow.

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

S. 703 -- Senators Lourie, Matthews and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 27 SO AS TO PROVIDE FOR THE SOUTH CAROLINA MANUFACTURED HOME PARK TENANCY ACT BY SETTING FORTH PURPOSES, SCOPE, JURISDICTION, DEFINITIONS, INTERPRETATION OF PRINCIPLES, NOTICE, RENTAL AGREEMENTS, OBLIGATIONS OF OWNERS AND RESIDENTS, GROUNDS FOR EVICTION, AND NOTIFICATION OF SALE OF PARK, CHANGE IN LAND USE, AND REZONING.

Ordered for consideration tomorrow.

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

S. 789 -- Senator Bryan: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS GRANTED TO COUNTIES, SO AS TO REVISE AND REAUTHORIZE THE METHOD BY WHICH A SPECIAL TAX DISTRICT IS CREATED.

Ordered for consideration tomorrow.

Senator HOLLAND, from the Committee on Corrections and Penology, submitted a favorable report on:

S. 883 -- Senators J. Verne Smith, Shealy, Leatherman, Giese, Waddell, Drummond, Moore, Bryan, Lourie, Long, Peeler, Mitchell, Hinds, Rose and Mullinax: A BILL TO AMEND TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 RELATING TO THE CLASSIFICATION SYSTEM AND ADULT CRIMINAL OFFENDER MANAGEMENT SYSTEM SO AS TO ESTABLISH AN OFFENDER MANAGEMENT SYSTEM TO ALLEVIATE PRISON OVERCROWDING BY PROVIDING FOR THE IDENTIFICATION, PREPARATION, AND PLACEMENT OF APPROPRIATE NON-VIOLENT OFFENDERS IN THE COMMUNITY; AND TO REPEAL SECTIONS 24-3-1110 THROUGH 24-3-2060, THE PRISON OVERCROWDING POWERS ACT.

Ordered for consideration tomorrow.

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

S. 892 -- Senator Russell: A BILL TO AMEND ACT 554 OF 1971, RELATING TO THE CREATION OF THE PELHAM-BATESVILLE FIRE DISTRICT IN SPARTANBURG AND GREENVILLE COUNTIES, SO AS TO DELETE ANY PROPERTY OF THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT FROM THE FIRE DISTRICT.

Ordered for consideration tomorrow.

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

H. 3059 -- Rep. Whipper: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 30, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO EXTRA COMPENSATION NOT PERMITTED BY THE GENERAL ASSEMBLY, SO AS TO ALLOW THE GENERAL ASSEMBLY TO ALLOW EXTRA COMPENSATION FOR SERVICE RENDERED DURING STATE EMERGENCIES, INCLUDING HAZARDOUS WEATHER.

Ordered for consideration tomorrow.

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

H. 3317 -- Reps. Boan and McElveen: A BILL TO AMEND ACT 127 OF 1989, RELATING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO DESIGNATE A PORTION OF THAT ACT AS SECTION 38-74-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO PROVIDE THAT THE WAITING PERIOD WAIVER DOES NOT APPLY TO A PERSON WHOSE POLICY HAS BEEN TERMINATED OR RESCINDED INVOLUNTARILY DUE TO A MATERIAL MISREPRESENTATION AND TO CLARIFY THAT A PERSON IS INELIGIBLE FOR POOL COVERAGE IF OTHER HEALTH INSURANCE UNDER WHICH THEY ARE COVERED OR ELIGIBLE IS COMPARABLE TO THAT OFFERED BY THE POOL.

Ordered for consideration tomorrow.

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

H. 3318 -- Reps. Boan and McElveen: A BILL TO AMEND ACT 127 OF 1989, RELATING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO DESIGNATE A PORTION OF THAT ACT AS SECTION 38-74-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO PROVIDE THAT THE COLLECTION OF ASSESSMENTS FROM MEMBERS OF THE POOL IS FOR CLAIMS INCURRED OR ESTIMATED TO BE INCURRED UNDER THE PLAN RATHER THAN FOR CLAIMS PAID UNDER THE PLAN.

Ordered for consideration tomorrow.

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

H. 3320 -- Reps. Boan and McElveen: A BILL TO AMEND ARTICLE 1, CHAPTER 43, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AGENTS, BY ADDING SECTION 38-43-106 SO AS TO PROVIDE FOR BIENNIAL CONTINUING EDUCATION REQUIREMENTS FOR AGENTS LICENSED TO SELL PROPERTY AND CASUALTY INSURANCE AND TO AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THESE PROVISIONS.

Ordered for consideration tomorrow.

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

H. 3453 -- Reps. Rudnick, Wilder and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-5-11 SO AS TO PROVIDE THAT IF A VACANCY OCCURS IN THE OFFICE OF REGISTER OF MESNE CONVEYANCES IN A COUNTY WHICH ELECTS ITS REGISTER OF MESNE CONVEYANCES IT MUST BE FILLED FOR THE REMAINDER OF THE UNEXPIRED TERM BY APPOINTMENT OF THE GOVERNOR UPON THE RECOMMENDATION OF A MAJORITY OF THE MEMBERS OF THE GENERAL ASSEMBLY REPRESENTING THAT COUNTY.

Ordered for consideration tomorrow.

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

H. 3544 -- Rep. Wright: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO ENACT LEGISLATION GRANTING JURISDICTION TO THE FEDERAL COURTS IN CASES WHERE AN AMERICAN CITIZEN IS CHARGED WITH THE MURDER OF AN AMERICAN CITIZEN COMMITTED WHILE ABROAD.

Ordered for consideration tomorrow.

Senator HOLLAND, from the Committee on Corrections and Penology, submitted a favorable report on:

H. 3638 -- Reps. Wilkins, Clyborne, Hodges, Keesley, Burch, M. Martin, Cole, Hayes, Nettles, Waldrop, McTeer, Waites, Phillips, Beasley, Wright, Quinn, Townsend, T.C. Alexander, J. Brown and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3235 SO AS TO PROVIDE THAT JUVENILE CORRECTIONAL OFFICERS AND OTHER DESIGNATED EMPLOYEES OF THE SOUTH CAROLINA DEPARTMENT OF YOUTH SERVICES WHILE PERFORMING THEIR OFFICIALLY ASSIGNED DUTIES RELATING TO CUSTODY, CONTROL, TRANSPORTATION, OR RECAPTURE OF A JUVENILE OFFENDER HAVE THE STATUS OF PEACE OFFICERS FOR THESE LIMITED PURPOSES AND TO PROVIDE THAT EMPLOYEES OF THE DEPARTMENT OF YOUTH SERVICES' DIVISION OF PUBLIC SAFETY SHALL CONTINUE TO BE COMMISSIONED AS STATE CONSTABLES UPON PROPER TRAINING AND CERTIFICATION AND AFTER HAVING TAKEN THE PROPER OATH.

Ordered for consideration tomorrow.

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

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

H. 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.

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.

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.

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.

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.

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.

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

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.

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

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.

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

S. 912 -- Senator Saleeby: A BILL TO AMEND SECTION 38-33-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE HEALTH MAINTENANCE ORGANIZATION ACT, SO AS TO DELETE THE DEFINITION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO AMEND SECTION 38-33-40, RELATING TO APPLICATIONS FOR A CERTIFICATE OF AUTHORITY, SO AS TO DELETE THE REQUIREMENTS OF THE DEPARTMENT PERTAINING TO THE APPLICATIONS AND REVISE THE REQUIREMENTS FOR AN ORGANIZATION'S PROPOSED PLAN OF OPERATION; TO AMEND SECTION 38-33-90, RELATING TO ORGANIZATION REPORTS, SO AS TO DELETE THE REQUIREMENT OF A COPY OF THE REPORTS FOR THE DEPARTMENT; TO AMEND SECTION 38-33-110, RELATING TO THE COMPLAINT SYSTEM, SO AS TO DELETE THE PROVISION FOR CONSULTATION WITH THE DEPARTMENT; TO AMEND SECTION 38-33-170, RELATING TO EXAMINATIONS OF THE ORGANIZATIONS, SO AS TO CHANGE THE REFERENCE TO EXAMINATION BY THE DEPARTMENT TO COMMISSION AND DELETE THE REFERENCE TO EXAMINATION OF PROVIDERS WITH WHOM AN ORGANIZATION HAS CONTRACTS, AGREEMENTS, OR OTHER ARRANGEMENTS; TO AMEND SECTION 38-33-180, RELATING TO SUSPENSION OR REVOCATION OF CERTIFICATES OF AUTHORITY, SO AS TO DELETE THE PROVISION FOR DEPARTMENT CERTIFICATION THAT THE ORGANIZATION IS UNABLE TO FULFILL ITS OBLIGATIONS TO FURNISH HEALTH CARE SERVICES; AND TO AMEND SECTION 38-33-270, RELATING TO CONTRACTUAL POWERS TO FULFILL OBLIGATIONS UNDER THE ACT, SO AS TO CHANGE THE REFERENCE TO DEPARTMENT TO COMMISSIONER AND PROVIDE FOR EXPENSES ASSESSED AGAINST AN ORGANIZATION TO BE REMITTED TO THE COMMISSIONER.

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

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.

The amendment proposed by the Committee on Judiciary (JUD610.2) was tabled as follows:

Amend the bill, as and if amended, page 2, line 20, in Section 44-53-520(j), as contained in SECTION 1, by inserting /the property if the property is/ after /of/ .

Amend the bill further, as and if amended, page 3, lines 5 and 6, in Section 44-53-530(d), as contained in SECTION 3, by striking /for an item that would be a recurring expense to the governing body/ and inserting /for an item that would be a recurring expense to the governing body/ .

Amend the bill further, as and if amended, after line 25, by adding an appropriately numbered SECTION to read:
/SECTION ____. Section 3 of Act 604 of 1990 is amended to read:

"(A) For the purpose of the disposition of property, including cash, seized and forfeited pursuant to the provisions of Sections 44-53-520 and 44-53-530 of the 1976 Code, from July 1, 1990, through June 30, 1992, Section 44-53-530 of the 1976 Code does not apply and subsection (B) of this section applies.

(B)(1) Forfeiture of property defined in Section 44-53-520 of the 1976 Code must be accomplished by petition of the Attorney General or his designee or the circuit solicitor or his designee to the court of common pleas for the jurisdiction where the items were seized. The petition must be submitted to the court within a reasonable time period following seizure and shall set forth the facts upon which the seizure was made. The petition shall describe the property and include the names of all owners of record and lienholders of record. The petition shall identify any other persons known to the petitioner to have interests in the property. Petitions for the forfeiture of conveyances shall also include the following information: the make, model, and year of the conveyance, the person in whose name the conveyance is registered, and the person who holds the title to the conveyance. The petition shall set forth the type and quantity of the controlled substance involved. A copy of the petition must be sent to each law enforcement agency which has notified the petitioner of its involvement in effecting the seizure.

Notice of hearing or rule to show cause must be directed to all persons with interests in the property listed in the petition including law enforcement agencies which have notified the petitioner of their involvement in effecting the seizure. Owners of record and lienholders of record may be served by certified mail, to the last known address as appears in the records of the governmental agency which records the title or lien.

The judge shall determine whether the property is subject to forfeiture and order the forfeiture confirmed. If the judge finds a forfeiture, he shall then determine the lienholder's interest as provided in this article. The judge shall determine whether any property must be returned to a law enforcement agency pursuant to Section 44-53-582 of the 1976 Code.

If there is a dispute as to the division of the proceeds of forfeited property among participating law enforcement agencies, this issue must be determined by the judge. The proceeds from a sale of property, conveyances, and equipment must be disposed of pursuant to item (2) (5) of this subsection.

All property, conveyances, and equipment which will not be reduced to proceeds may be transferred to the law enforcement agency or agencies or to the prosecution agency. Upon agreement of the law enforcement agency or agencies and the prosecution agency, conveyances and equipment may be transferred to any other appropriate agency. Property transferred must not be used to supplant operating funds within the current or future budgets.

(2) If the property is seized by a state law enforcement agency and is not transferred by the court to the seizing agency, the judge shall order it transferred to the Division of General Services for sale. Proceeds may be used by the division for payment of all proper expenses of the proceedings for the forfeiture and sale of the property, including the expenses of seizure, maintenance, and custody and other costs incurred by the implementation of this section. The net proceeds from any sale must be remitted to the State Treasurer as provided in item (7) of this section subsection. The Division of General Services may authorize payment of like expenses in cases where monies, negotiable instruments, or securities are seized and forfeited.

(3) If the property is seized by a local law enforcement agency and is not transferred by the court to the agency, the judge shall order it sold at public auction by the seizing agency as provided by law. Notwithstanding any other provision of the law, proceeds from the sale may be used by the agency for payment of all proper expenses of the proceeding for the forfeiture and sale of the property, including the expenses of the seizure, maintenance, and custody and other costs incurred by the implementation of this section. The net proceeds from the sale must be disposed of as provided by this section.

(4) Any forfeiture may be effected by consent order approved by the court without filing or serving pleadings or notices provided that all owners and other persons with interests in the property, including participating law enforcement agencies, entitled to notice under this section, except lienholders and agencies, consent to the forfeiture. Disposition of the property may be accomplished by consent of the petitioner and those agencies involved. Persons entitled to notice under this section may consent to some issues and have the judge determine the remaining issues.

All proceeds of property and cash forfeited by consent order must be disposed of as provided in item (5) of this subsection.

(5) All real or personal property, conveyances, and equipment of any value defined in Section 44-53-520 of the 1976 Code when reduced to proceeds, any cash more than one thousand dollars, any negotiable instruments, and any securities which are seized and forfeited must be disposed of as follows:

(i) (a) seventy-five percent to the law enforcement agency or agencies;

(ii) (b) twenty percent to the prosecuting agency; and

(iii) (c) five percent must be remitted to the State Treasurer and deposited to the credit of the general fund of the State.

(6) The first one thousand dollars of any cash seized and forfeited pursuant to this article remains with and is the property of the law enforcement agency which effected the seizure unless otherwise agreed to by the law enforcement agency and prosecuting agency.

(7) All forfeited monies and proceeds from the sale of forfeited property as defined in Section 44-53-520 of the 1976 Code must be retained by the governing body of the local law enforcement agency or prosecution agency and deposited in a separate, special account in the name of each appropriate agency. These accounts may be drawn on and used only by the law enforcement agency or prosecution agency for which the account was established. For law enforcement agencies, the accounts must be used for drug enforcement activities and for prosecution agencies, the accounts must be used in matters relating to the prosecution of drug offenses and litigation of drug-related matters.

These accounts must not be used to supplant operating funds in the current or future budgets. Any expenditures from these accounts for an item that would be a recurring expense must be approved by the governing body before purchase or, in the case of a state law enforcement agency or prosecution agency, approved as provided by law.

In the case of a state law enforcement agency or state prosecution agency, monies and proceeds must be remitted to the State Treasurer who shall establish separate, special accounts as provided in this section for local agencies.

All expenditures from these accounts must be documented, and the documentation made available for audit purposes and upon request by a person under the provisions of the Freedom of Information Act.

(8) The use of all property forfeited pursuant to Section 44-53-520 and retained by the law enforcement agency must be documented and the documentation available upon request by a person subject to the provisions of the Freedom of Information Act."/

Amend title to conform.

Senator BRYAN spoke on the committee amendment.

Senator BRYAN moved to lay the committee amendment on the table.

The amendment was laid on the table.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.

H. 3268 -- Fairfield County Delegation: A BILL TO REVISE THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF FAIRFIELD COUNTY AND THE MANNER IN WHICH THESE TRUSTEES ARE SELECTED.

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

Senator MARTIN proposed the following amendment (DKA\3345.AL), which was adopted:

Amend the bill, as and if amended, by striking SECTION 9 on page 3.

Renumber sections to conform.

Amend title to conform.

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

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.

By prior motion of Senator WILLIAMS, the time certain had arrived to take up the Bill for immediate consideration. The question being the third reading of the Bill.

Senator WILLIAMS spoke on the Bill.

Senators PASSAILAIGUE, MACAULAY and McCONNELL proposed the following Amendment No. 1 (JUD3743.2), which was tabled:

Amend the bill, as and if amended, page 22, as contained in SECTION 1, by inserting after line 21, the following:

/"Section 2-17-45. (A) Any lobbyist or lobbyist's principal who was contacted or retained, with or without compensation, by a taxpayer with an interest in the tax refund or credit available under the capital gains provisions of Section 12-7-460 must report the name of the taxpayer to the Secretary of State. Each report must be in a form prescribed by the Secretary of State. The request for reporting information must contain the following:

(1) the name of the taxpayer;

(2) the address of the taxpayer, if known;

(3) the nature of the contact;

(4) the amount or value of any fee or compensation received from the taxpayer; and

(5) when the contact was made, whether before or after the passage of Section 12-7-460.

(B) If the lobbyist or lobbyist's principal does not file a report as required by this section, then the lobbyist or lobbyist's principal must forfeit any fee or benefit received to the State. If the lobbyist or lobbyist's principal knowingly files a false or misleading form, he is guilty of a felony and must be punished as provided for perjury.

(C) If a lobbyist or lobbyist's principal is convicted of a felony, state or federal, in connection with the passage of Section 12-7-460, the fee or benefit received must be forfeited to the State.

(D) If a taxpayer is convicted of a felony, state or federal, in connection with the passage of Section 12-7-460, the refund or credit received by the taxpayer pursuant to Section 12-7-460 must be forfeited to the State."/

Renumber sections to conform.

Amend title to conform.

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

Senator PASSAILAIGUE moved that the amendment be adopted.

Senator MOORE, with unanimous consent, was granted leave to speak on the Bill.

Senator McCONNELL, with unanimous consent, was granted leave to speak on the Bill.

Senator SHEALY, with unanimous consent, was granted leave to speak on the Bill.

Senator MITCHELL, with unanimous consent, was granted leave to speak on the Bill.

Senator NELL W. SMITH, with unanimous consent, was granted leave to speak on the Bill.

The question then was the adoption of the amendment.

Senator BRYAN moved to lay the amendment on the table.

Senator SHEALY, with unanimous consent, argued contra to the adoption of the amendment and Senator PASSAILAIGUE, with unanimous consent, argued in favor of adoption.

Senator LOURIE, with unanimous consent, argued contra to the adoption of the amendment.

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

Bryan Drummond Fielding
Hayes Hinds Holland
Land Leventis Long
Lourie Martin Martschink
Matthews Moore Mullinax
O'Dell Pope Saleeby
Shealy Smith, N.W. Stilwell
Williams

Courson Giese Gilbert
Hinson Leatherman Macaulay
McConnell McGill Mitchell
Passailaigue Patterson Peeler
Reese Rose Russell
Setzler Smith, J.V. Thomas
Washington Wilson

The amendment was laid on the table.

While I believe this amendment (Amendment No.1, JUD3743.2) seeks information which would be interesting and important, I hold the notion that people should not be subject to retroactively effective laws. Because this violates a principle I consider more significant, I must vote against this amendment.

Senators PASSAILAIGUE, McCONNELL and ROSE proposed the following Amendment No. 2 (JUD3743.5):

Amend the bill, as and if amended, page 77, after line 31, in Section 8-13-20(9), as contained in SECTION 4, by adding a new item to read as follows:

/(c) The term economic interests, as used in Section 8-13-460, would require a public official, public member, or public employee to follow the provisions of Section 8-13-460(B) instead of discharging his official responsibilities if he would be required to take action or make a decision which would directly affect five percent or more of his gross income./

Amend title to conform.

Senator PASSAILAIGUE was recognized to speak on the amendment.

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

At 12:56 P.M., on motion of Senator WILLIAMS, the Senate receded from business until 2:30 P.M.

The Senate reassembled at 2:42 P.M. and was called to order by the PRESIDENT.

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

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

The Senate resumed.

Columbia, S.C., April 24, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 388 -- Senators Moore, Bryan, Hinds, Courson, Washington, Wilson and Giese: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 SO AS TO ESTABLISH THE POLICY OF THIS STATE REGARDING SOLID WASTE AND TO PROVIDE FOR THE MANAGEMENT OF SOLID WASTE; TO AMEND SECTION 16-11-700, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS OF THE LITTER LAWS; AND TO AMEND SECTION 56-1-720 SO AS TO ASSIGN POINTS FOR THE DUMPING OF LITTER ON PUBLIC OR PRIVATE PROPERTY OR WATERS; TO AMEND CHAPTER 7 OF TITLE 12 RELATING TO THE TAX LAWS BY ADDING SECTION 12-7-1255 TO PROVIDE A TAX CREDIT FOR QUALIFIED RECYCLING EQUIPMENT; AND TO AMEND CHAPTER 7 OF TITLE 12 BY ADDING AN APPROPRIATELY NUMBERED SECTION SO AS TO PROVIDE FOR A CHECKOFF ON STATE TAX RETURNS FOR CONTRIBUTIONS MADE TO THE SOLID WASTE MANAGEMENT TRUST FUND.
asks for a Committee of Conference, and has appointed Reps. Sharpe, Keyserling and Gonzales of the Committee on the part of the House.

Very respectfully,
Speaker of the House

Whereupon, the PRESIDENT appointed Senators MOORE, GIESE and HAYES of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.

Columbia, S.C., April 10, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 3126 -- Reps. Wilkins and Mattos: A BILL TO AMEND SECTIONS 14-1-210 AND 23-23-70, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PORTIONS OF FINES, BOND FORFEITURES, AND COST OF COURT FEES WHICH MUST BE USED TO FINANCE SPECIAL PROGRAMS, SO AS TO PROVIDE THAT IF A CRIMINAL OR TRAFFIC FINE IS SUSPENDED THE AMOUNT SUSPENDED MUST BE USED TO DETERMINE THE AMOUNT WHICH MUST BE ASSESSED FOR THE FUNDING OF SPECIAL PROGRAMS.
Very respectfully,
Speaker of the House

On motion of Senator DRUMMOND, the Senate insisted upon its amendments to the Bill and asked for a Committee of Conference.

Whereupon, the PRESIDENT appointed Senators DRUMMOND, POPE and MITCHELL of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.

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.

The Senate resumed consideration of the Bill. The question being the adoption of Amendment No. 2 (JUD3743.5) previously proposed by Senators PASSAILAIGUE, McCONNELL and ROSE.

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

Senator LOURIE moved to lay the amendment on the table.

The amendment was laid on the table.

Having voted on the prevailing side, Senator NELL W. SMITH moved to reconsider the vote whereby Amendment No. 1 (JUD 3743.2) proposed by Senators PASSAILAIGUE, MACAULAY and McCONNELL was laid on the table.

Senator LOURIE, with unanimous consent, was granted leave to speak on the motion.

Senator STILWELL, with unanimous consent, was granted leave to speak on the motion.

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

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

Senator NELL W. SMITH withdrew the motion to reconsider.

Senators McCONNELL and ROSE proposed the following Amendment No. 3 (JUD3743.4), which was adopted:

Amend the bill, as and if amended, page 97, after line 21, in Section 8-13-430, as contained in SECTION 4, by adding a new subsection to read:

/(D) Notwithstanding the provisions of subsection (C), no member of the General Assembly shall knowingly receive, accept, take, seek, or solicit a retainer from a lobbyist or a lobbyist's principal./

Amend title to conform.

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

Senator McCONNELL moved that the amendment be adopted.

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

Senator McCONNELL moved under Rule 15A to set a time certain at 6:00 P.M. to vote on the entire matter of H. 3743, and, asked unanimous consent, to make a motion that debate on each amendment would be limited to a total of five minutes for proponents and to a total of five minutes for opponents.

Senator POPE objected.

Senator McCONNELL moved under Rule 15A to set a time certain at 5:00 P.M. to vote on the entire matter of H. 3743, and, asked unanimous consent, to make a motion that debate on each amendment would be limited to a total of five minutes for proponents and to a total of five minutes for opponents.

Senator BRYAN objected.

Senator WILLIAMS moved under Rule 15A to set a time certain at 11:30 A.M. on Thursday, April 25, 1991, to vote on the entire matter of H. 3743, and, asked unanimous consent, to make a motion that debate on each amendment would be limited to a total of five minutes for proponents and to a total of five minutes for opponents.

Senator BRYAN objected.

Senator WILLIAMS moved under Rule 15A to set a time certain at 5:30 P.M. to vote on the entire matter of H. 3743.

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

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

Bryan Giese Martschink
Pope Rose Russell
Saleeby Shealy Wilson

The Senate set 5:30 P.M. as a time certain on which to vote on the entire matter of H. 3743.

I voted against a time certain on the ethics bill because I believe in allowing full debate on this important matter, and amendments may still be proposed that may need to be debated at length. Having set the time to vote without knowing what amendments may be proposed could cause us to have to vote on amendments without needed knowledge that might be forthcoming had the time to acquire it been available.

The question then was the adoption of Amendment No. 3.

Senator BRYAN argued contra to the adoption of the amendment.

Senator BRYAN moved to lay the amendment on the table.

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

Bryan Fielding Gilbert
Hayes Hinds Holland
Land Long Martin
Matthews Mitchell Mullinax
O'Dell Patterson Saleeby
Waddell Washington Williams

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

The Senate refused to table Amendment No. 3.

The question then was the adoption of the amendment.

Amendment No. 3 was adopted.

Senator LEATHERMAN proposed the following Amendment No. 4 (JUD3743.3), which was tabled:

Amend the bill, as and if amended, page 103, after line 36, in Section 8-13-470, as contained in SECTION 4, by adding a new subsection to read:
/(D) Notwithstanding any provisions of this section, members of the General Assembly may not represent clients for a fee before any board, commission, or other entity elected, appointed, recommended, or confirmed by the House or Senate, or both, except before a court under the unified judicial system./

Amend title to conform.

Senator LEATHERMAN argued in favor of the adoption of the amendment and Senators MACAULAY and HOLLAND argued contra.

Senator MACAULAY moved to lay the amendment on the table.

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

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

Bryan Drummond Gilbert
Hayes Hinds Holland
Land Long Lourie
Macaulay Martin Matthews
Mitchell Mullinax O'Dell
Patterson Pope Reese
Saleeby Stilwell Waddell
Washington Williams

Courson Giese Hinson
Leatherman Leventis Martschink
McConnell McGill Moore
Passailaigue Peeler Rose
Russell Setzler Shealy
Smith, J.V. Smith, N.W. Thomas
Wilson

The amendment was laid on the table.

TO WHOM IT MAY CONCERN:

I voted against Amendment No. 4 to H. 3743 which would prohibit lawyer-legislators from representing clients for a fee before any board or commission of the State of South Carolina, because I felt it was unconstitutional and discriminatory as it singles out only one class of legislators to punish as professionals in public service to the State of South Carolina.

Senator ROSE proposed the following Amendment No. 8 (RES3743.005), which was adopted:

Amend the bill, as and if amended, page 29, after line 35, by inserting after the word /years./ 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 ROSE moved that the amendment be adopted.

The amendment was adopted.

Senator DRUMMOND proposed the following Amendment No. 9 (JUD3743.7), which was tabled:

Amend the bill, as and if amended, page 98, line 20, in Section 8-13-455, as contained in SECTION 4, by inserting after /the Reorganization Commission,/ the words /the Procurement Review Panel,/ .

Amend title to conform.

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

Senator McCONNELL spoke on the amendment.

Senator SALEEBY moved to lay the amendment on the table.

Senator POPE moved to lay the amendment on the table.

The amendment was laid on the table.

Senator ROSE proposed the following Amendment No. 11A (RES3743.006), which was tabled:

Amend the bill, as and if amended, page 109, after line 4, by adding the following:

/Section 8-13-620. Any organization or association using the name of a certified political party, as provided in Section 7-9-10, shall maintain a record of all expenditures of all funds and contributions received, other than membership dues, with the amount, recipient and purpose of each expenditure identified. A filing delineating the expenditures required to be recorded under this section must be made annually during the month of June to the Secretary of State on a reporting form according to Section 7-27-1150./

Renumber sections to conform.

Amend title to conform.

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

Senator ROSE moved that the amendment be adopted.

Senator STILWELL moved to lay the amendment on the table.

The amendment was laid on the table.

Senator PASSAILAIGUE proposed the following Amendment No. 12 (JUD3743.81), which was adopted:

Amend the bill, as and if amended, page 9, after line 10, as contained in SECTION 1, by adding a new section to read:

/Section 2-17-16. The Governor, the Lieutenant Governor, or any other statewide constitutional officer may not use public funds to finance an event or function organized to reward a member of the General Assembly, a public official, or a public employee for voting, making a decision, or taking an action concerning legislation, covered agency actions, or covered gubernatorial actions if that vote, decision, or action is within the member's, public official's, or public employee's official responsibility, as defined in Section 8-13-20(17). Any person who wilfully violates the provision of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than one thousand dollars or be imprisoned for not more than ninety days, or both./

Renumber Sections to conform.

Amend title to conform.

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

Senator PASSAILAIGUE moved that the amendment be adopted.

Senator SHEALY moved to lay the amendment on the table.

The Senate refused to table the amendment. The question then was the adoption of the amendment.

Senator SHEALY argued contra to the adoption of the amendment.

The amendment was adopted.

Senators THOMAS and WILSON proposed the following Amendment No. 14 (DKA\3366.AL), which was tabled:

Amend the bill, as and if amended, Article 11, Chapter 13, Title 8 of the 1976 Code, by adding:

/"Section 8-13-822. (A) In addition to the report required pursuant to Sections 8-13-810 and 8-13-820, state constitutional officers and members of the General Assembly shall file a report to 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 THOMAS asked unanimous consent to make a motion that the amendment be amended.

Senator HINDS objected.

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

Senator WILLIAMS moved to lay the amendment on the table.

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

Bryan Drummond Fielding
Gilbert Hayes Hinson
Land Leatherman Leventis
Long Lourie Martin
Martschink McConnell McGill
Mitchell Pope Rose
Saleeby Shealy Smith, J.V.
Stilwell Waddell Washington
Williams

Courson Giese Hinds
Macaulay Moore Mullinax
O'Dell Passailaigue Patterson
Peeler Reese Russell
Setzler Smith, N.W. Thomas
Wilson

The amendment was laid on the table.

The amendment is burdensome and serves no objective purpose. It is poorly worded to include property which is simply held. The argument was for disclosure simply, but no convincing arguments were advanced as to how this would improve the ethics law and prevent wrongful conduct or change the atmosphere here in Columbia. It is just a reform amendment which, while introduced with good intentions, has turned out to be poorly drawn.

Senators McCONNELL and ROSE proposed the following Amendment No. 16A (RES3743.12), which was adopted:

Amend the bill, as and if amended, page 103, SECTION 4, after line 36, by adding an appropriately numbered section to read as follows:

/Section 8-13-480. (A) Notwithstanding any other provision of law, no member of the General Assembly or any individual with whom he is associated or business with which he is associated may represent a client for a fee in a quasi-judicial proceeding before an agency, commission, board, department, or other entity elected, appointed, recommended, or confirmed by the General Assembly if that member has voted in the election, appointment, recommendation, or confirmation of a member of the governing body of that entity after the effective date of this section.

(B) Notwithstanding any other provision of law, no member of the General Assembly or any individual with whom he is associated or business with which he is associated may represent a client for a fee in a quasi-judicial proceeding before an agency, commission, board, department, or other entity elected, appointed, recommended, or confirmed by the General Assembly if the member has voted on the section of that year's general appropriation bill or supplemental appropriation bill relating to that agency, commission, board, department, or other entity within one year from the date of the vote after the effective date of this section. This subsection does not prohibit a member from voting on other sections of the appropriations bills or from voting on the entire general appropriations bill as a whole.

(C) Notwithstanding any other provision of law, no member of the General Assembly or any individual with which he or she is associated in partnership or a business, company, corporation, or partnership where his or her interest is greater than five percent may enter into any contract for goods or services with an agency, commissioner, board, department, or other entity funded with general funds or other funds if the member has voted on the section of that year's appropriation bill relating to that agency, commission, board, department, or other entity within one year from the date of the vote after the effective date of this section. This subsection does not prohibit a member from voting on other sections of the appropriations bills or from voting on the entire appropriations bill.

(D) The provisions of this section do not apply to any court in the unified judicial system.

(E) Whenever it is required by law for a member of the General Assembly to appear because of his business interest as an owner or officer of the business or in his official capacity as a member of the General Assembly, the provisions of this section do not apply./

Renumber sections to conform.

Amend title to conform.

Senator MOORE asked unanimous consent to make a motion that debate be limited on each amendment to a total of three minutes for proponents and a total of three minutes for opponents.

Senator SHEALY objected.

On motion of Senator MOORE, with unanimous consent, the Senate agreed that debate would be limited on each amendment to a total of three minutes for proponents and a total of three minutes for opponents.

Senator McCONNELL explained the amendment.

Senator LAND argued contra to the adoption of the amendment.

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

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

Martin

Leatherman Mitchell Peeler
Williams

The amendment was adopted.

Senators SALEEBY and LOURIE proposed the following Amendment No. 17 (JUD3743.6), which was tabled:

Amend the bill, as and if amended, page 100, after line 39, by inserting the following:

/"Section 8-13-465. No public official, public member, public employee, member of a public official's, public member's, or public employee's immediate family, or business or individual associated with a public official, public member, or public employee shall sell, rent, or lease or offer to sell, rent, or lease any goods or services to any governmental entity. Provided, however, this section shall not prohibit an individual public member, public official, or public employee from receiving any reimbursements, compensation, or salary payable to him in his official capacity by a governmental entity."/

Amend title to conform.

Senator SALEEBY moved to lay the amendment on the table.

The amendment was laid on the table.

Senators POPE, COURSON, RUSSELL and WILSON proposed the following Amendment No. 18 (JUD3743.12), which was ruled out order:

Amend the bill, as and if amended, page 2, after line 36, by inserting the following:

/Whereas, the General Assembly finds and declares that the General Assembly of South Carolina has the longest legislative session of any legislature in the southern states and that the length of the legislative session discourages the participation of citizens as legislators; and/

Amend the bill further, as and if amended, page 4, line 9, by inserting after /governmental institutions/ the words /, to promote a citizen legislature, to shorten the legislative session so as to encourage participation by all citizens,/ .

Amend the bill further, as and if amended, page 4, line 9, by inserting after /and/ the words /to improve the quality of/ .

Amend the bill further, as and if amended, page 4, line 10, by inserting after /governmental processes/ the following /by encouraging ethical, timely, efficient, and expeditious management of government business/ .

Amend the bill further, as and if amended, page 122, after line 25, by adding a new SECTION to read:

/SECTION . Section 2-1-180 of the 1976 Code is amended to read:

"Section 2-1-180. The regular annual session of the General Assembly shall adjourn sine die each year not later than 5:00 p.m. on the first Thursday in June May. In any year that the House of Representatives fails to give third reading to the annual General Appropriation Bill by March thirty-first, the date of sine die adjournment is extended by one statewide day for each statewide day after March thirty-first that the House of Representatives fails to give the bill third reading. The session may also be extended by concurrent resolution adopted by a two-thirds vote of both the Senate and House of Representatives. During the time between 5:00 p.m. on the first Thursday in June May and the extended sine die adjournment date, as set forth herein, no legislation or other business may be considered except the General Appropriation Bill and any matters approved for consideration by a concurrent resolution adopted by two-thirds vote in both houses."/

Renumber sections to conform.

Amend title to conform.

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

Senator McCONNELL spoke on the Point of Order.

Senator POPE spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Having voted on the prevailing side, Senator BRYAN moved to reconsider the vote whereby Amendment No. 9 proposed by Senator DRUMMOND was tabled.

The motion failed.

Senator DRUMMOND, with unanimous consent, spoke on the motion.

There being no further amendments, the question then was the third reading of the Bill.

Senator J. VERNE SMITH spoke on the Bill.

Senator SETZLER spoke on the Bill.

Senator PASSAILAIGUE spoke on the Bill.

Senator MITCHELL spoke on the Bill.

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

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

Shealy Thomas Wilson

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

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

MOTION ADOPTED
On motion of Senator COURSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Wayne W. Nidiffer, Jr.

At 6:05 P.M., on motion of Senator WADDELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

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