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 words from the Epistle to the Hebrews, Chapter 4 (V.16):

"Let us then approach the throne

of grace with confidence, so that

we may receive mercy and find grace

to help us in our time of need."
Let us pray.

Lord God Jehovah, we dare to come into Your presence through Your mercy and Your goodness... and not through any merit or worthiness on our part.

We dare not ask for justice... for no one of us could stand it!

So... for Your mercy... Your grace... the undeserved favor You show toward us... we thank You, O Lord.

We pray for patience with each other.

We pray for dignity.

We pray that our minds may be alert... and clear... and aglow with a zeal to think right thoughts... to do the right things at the right time... and in the right way.

In the Name of the God of the Hebrews, we say with the Author of the Epistle:

"Let us then with confidence

Draw near to the Throne of Grace."

Amen.

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

May 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.

Appointments, Members, Oconee County Magistrates, with terms to expire on April 30, 1994:

Initial Appointments under Act 678 of 1988:

Mr. Larry A. Butts, Route 1, Box 223, Westminster, South Carolina 29693

Ms. Rebecca White Gerrard, 304 North Fairplay Street, Seneca, South Carolina 29678

Mr. Dillard Elwood Medford, Route 3, Box 63, Walhalla, South Carolina 29691

May 21, 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.

Appointments, Members, Lexington County Magistrates, with terms to expire on April 30, 1995:

Initial Appointments under Act 678 of 1988:

Mr. George Marion Shealy, 228 Hall Street, Batesburg, South Carolina 29006

Ms. Shirley Sons, 208 Dreher Street, Lexington, South Carolina 29072

Mr. Thomas H. Rawl, III, 1347 Counts Ferry Road, Lexington, South Carolina 29072

Mr. William Gregory Shockley, 2029 Highway 178, Swansea, South Carolina 29160

Mr. Cameron F. Crawford, Rt. 2, Box 405B, Irmo, South Carolina 29063

Mr. Bruce Rutland, 245 Dresden Court, Lexington, South Carolina 29072

Appointments, Members, Aiken County Magistrates, with terms to expire on April 30, 1995:

Initial Appointments under Act 678 of 1988:

Mr. Rodger Edmonds, P.O. Box 6493, North Augusta, South Carolina 29841

Mr. Max A. Meek, Sr., 420 Hampton Avenue, NE, Aiken, South Carolina 29801

Mr. Olin Thomas Corbett, P.O. Box 422, Salley, South Carolina 29137

Mr. Joey Lee Addie, 14 Masonic Shopping Center, Graniteville, South Carolina 29829

Mr. Al Bradley, P.O. Box 1977, Aiken, South Carolina 29802

Mr. Ralph Barber, P.O. Box 769, Langley, South Carolina 29834

Ms. Julian Myer Williams, P.O. Box 26, Langley, South Carolina 29834-0026

Ms. Gail Shaw, P.O. Box 40, New Ellenton, South Carolina 29809

Mr. Gibson O'Neal Fallaw, 394 Farm View Road, Batesburg, South Carolina 29129

Senator WILSON introduced Dr. Ben Wright of Columbia, S.C., Doctor of the Day.

The leave of absence granted to Senator HELMLY for Wednesday, May 22, 1991, and Thursday, May 23, 1991, was rescinded.

On motion of Senator PASSAILAIGUE, Senator HELMLY was granted a leave of absence beginning at 12:15 P.M. today until Tuesday.

On motion of Senator WASHINGTON, Senator PATTERSON was granted a leave of absence until this afternoon.

On motion of Senator WASHINGTON, Senator FIELDING was granted a leave of absence until this afternoon.

Columbia, S.C., May 22, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3081 -- Reps. M.O. Alexander, Manly, Cork, Keyserling, Neilson, Baxley, McKay, Houck, Jaskwhich, Cato, Whipper, J. Bailey, Holt, Barber, Rama, Hallman, Fulmer, Faber, Koon, Wilder, McElveen, McLeod, Harrison, D. Williams, T.C. Alexander, L. Martin, Stoddard, Haskins, Corning, Hayes, Hodges, Sheheen, McGinnis, Wells, Phillips, Clyborne, Mattos, Littlejohn, Bruce, Corbett, M. Martin, Klapman, Cromer, Waites, J. Williams, Keegan, J. Rogers, Short, Waldrop, Burch, Wilkins, Kinon, Kempe, P. Harris, G. Brown, J. Harris, T. Rogers, A. Young, Meacham, Harvin, Altman, Marchbanks, Rudnick and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-50 SO AS TO PROHIBIT THE SALE OF CLEANING AGENTS CONTAINING PHOSPHATES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATION.
and has ordered the Bill enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 22, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 62 -- Senator Rose: A BILL TO AMEND SECTION 22-1-10(A), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO REQUIRE COUNTY GOVERNING BODIES TO PROVIDE CERTAIN INFORMATION REGARDING MAGISTRATE POSITIONS TO THE SENATORS IN EACH COUNTY, AND TO PROVIDE THAT THE INFORMATION MUST REMAIN THE SAME AND IS BINDING ON A MAGISTRATE AND A COUNTY THROUGHOUT THE TERM OF OFFICE UNLESS OTHERWISE PROVIDED.
asks for a Committee of Conference, and has appointed Reps. Huff, Corning and McElveen of the committee on the part of the House.

Very respectfully,
Speaker of the House

Whereupon, the PRESIDENT appointed Senators MULLINAX, ROSE and BRYAN of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.

Columbia, S.C., May 22, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has tabled:
S. 290 -- Senator Stilwell: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO PROVIDE THAT IF A PERSON IS CONVICTED OR PLEADS GUILTY OR NOLO CONTENDERE IN MUNICIPAL COURT, THE FEE MUST BE REMITTED TO THE MUNICIPALITY.
Very respectfully,
Speaker of the House

Received as information.

S. 968 -- Senators Lourie and Passailaigue: A CONCURRENT RESOLUTION TO SET WEDNESDAY, MAY 29, 1991, AT 12:00 NOON AS THE TIME FOR THE GENERAL ASSEMBLY TO ELECT SUCCESSORS TO MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL.

Returned with concurrence.

Received as information.

S. 982 -- Senators Holland, Thomas, Hinds and Washington: A CONCURRENT RESOLUTION TO SET WEDNESDAY, MAY 29, 1991, AT 12:00 NOON AS THE TIME FOR THE GENERAL ASSEMBLY TO ELECT SUCCESSORS TO MEMBERS OF THE SOUTH CAROLINA STATE BOARD OF SOCIAL SERVICES.

Returned with concurrence.

Received as information.

S. 1000 -- Senators J. Verne Smith, Bryan, Mitchell, Stilwell and Thomas: A CONCURRENT RESOLUTION TO CONGRATULATE SUSANNE N. WOLFE OF GREENVILLE UPON BEING ELECTED PRESIDENT OF THE NATIONAL ASSOCIATION OF INSURANCE WOMEN.

Returned with concurrence.

Received as information.

S. 1001 -- Senators Fielding, Passailaigue, Martschink, McConnell and Washington: A CONCURRENT RESOLUTION TO CONGRATULATE MR. DAVID J. MACK, JR., OF CHARLESTON COUNTY ON THE OCCASION OF HIS RETIREMENT ON JUNE 30, 1991.

Returned with concurrence.

Received as information.

S. 1002 -- Senators Hinson, Bryan, Carmichael, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Holland, Land, Leatherman, Leventis, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF ANGELA PHIPPS OF LANCASTER UPON HER TRAGIC DEATH IN AN AUTOMOBILE ACCIDENT ON THURSDAY, MAY 16, 1991.

Returned with concurrence.

Received as information.

The following were introduced:

S. 1004 -- Senator Martschink: A CONCURRENT RESOLUTION TO CONGRATULATE THE WANDO HIGH SCHOOL "WARRIORS" SOCCER TEAM AND ITS COACH, TOM REILLY, OF CHARLESTON COUNTY ON WINNING THE CLASS AAAA STATE SOCCER CHAMPIONSHIP.

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

S. 1005 -- Senators Long, Hinds, Gilbert, Bryan, Carmichael, Courson, Drummond, Fielding, Giese, Hayes, Helmly, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A CONCURRENT RESOLUTION URGING THE 1991 DEFENSE BASE CLOSURE AND REALIGNMENT COMMISSION TO VISIT THE MYRTLE BEACH AIR FORCE BASE TO DETERMINE THE FACTS FOR THEMSELVES AND COMMENDING THE EFFORTS OF THE SOUTH CAROLINA COMMITTEE ON MYRTLE BEACH AIR FORCE BASE FOR THEIR TIRELESS RESEARCH AND GENEROUS CONTRIBUTIONS OF TIME AND MANPOWER TOWARD THIS IMPORTANT STUDY.

Whereas, the Myrtle Beach Air Force Base has played an integral role in the military defense of our nation; and

Whereas, the base is an ideal location for three A-10 squadrons; and

Whereas, cost of closure as outlined by the recent Air Force criteria evaluation of TAC bases appears to be incomplete. Now, therefore,

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

That the members of the General Assembly, by this resolution, urge the 1991 Defense Base Closure and Realignment Commission to visit the Myrtle Beach Air Force Base to determine the facts for themselves.

Be it further resolved that we commend the efforts of the South Carolina Committee on Myrtle Beach Air Force Base for their tireless research and generous contributions of time and manpower toward this important study.

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

S. 1006 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY LIVESTOCK-POULTRY HEALTH DIVISION, RELATING TO EQUINE SALES FACILITY PERMITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1397, 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. 1007 -- Senators Macaulay and Passailaigue: A CONCURRENT RESOLUTION CONGRATULATING JOHN CANNADY, FORMER PLAYER WITH THE NEW YORK GIANTS OF THE NATIONAL FOOTBALL LEAGUE, ON HIS RECENT INDUCTION INTO THE SOUTH CAROLINA ATHLETIC HALL OF FAME.

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

H. 4014 -- Reps. Keegan and Corbett: A CONCURRENT RESOLUTION TO RECOGNIZE SOCASTEE HIGH SCHOOL IN HORRY COUNTY AS BEING ONE OF TWO HIGH SCHOOLS IN THE STATE NAMED A "BLUE RIBBON SCHOOL" AS PART OF THE NATIONAL SECONDARY SCHOOL RECOGNITION PROGRAM, SPONSORED BY THE UNITED STATES DEPARTMENT OF EDUCATION.

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

H. 4019 -- Rep. Hallman: A CONCURRENT RESOLUTION TO CONGRATULATE THE WANDO HIGH SCHOOL "WARRIORS" SOCCER TEAM AND ITS COACH, TOM REILLY, OF CHARLESTON COUNTY ON WINNING THE CLASS AAAA STATE SOCCER CHAMPIONSHIP.

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

H. 3832 -- Rep. Kirsh: A BILL TO AMEND SECTION 59-121-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONPROFIT ELEEMOSYNARY CORPORATION FORMED TO PROVIDE SCHOLARSHIP AND OTHER COLLEGE SUPPORT FOR THE CITADEL, SO AS TO MAKE A TECHNICAL CORRECTION IN THE SECTION TO ALLOW FUNDS AND PROPERTY ACQUIRED BEFORE AND AFTER THE EFFECTIVE DATE OF THE SECTION TO BE TRANSFERRED TO THIS NONPROFIT ELEEMOSYNARY CORPORATION.

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

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

S. 863 -- Senator Land: A BILL TO AMEND SECTION 16-3-1180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIME VICTIMS' COMPENSATION AWARDS, SO AS TO ALLOW A PREVIOUSLY DECIDED AWARD TO BE REOPENED FOR THE PURPOSE OF INCREASING THE COMPENSATION PREVIOUSLY AWARDED, TO PRESCRIBE THE PROCEDURE FOR REOPENING THE AWARD INCLUDING A TWELVE-MONTH LIMIT AFTER THE FINAL PAYMENT DURING WHICH THE REVIEW FOR REOPENING THE AWARD MUST BE MADE; AND TO AMEND SECTION 16-3-1220, AS AMENDED, RELATING TO PERSONS INELIGIBLE FOR CRIME VICTIM'S COMPENSATION, SO AS TO MAKE A PARENT OF A DECEASED VICTIM INELIGIBLE FOR AN AWARD IF THE DECEASED VICTIM COMMITTED OR AIDED IN THE COMMISSION OF THE CRIME UPON WHICH THE CLAIM IS BASED OR ENGAGED IN OTHER UNLAWFUL ACTIVITY WHICH CONTRIBUTED TO OR AGGRAVATED THE RESULTING INJURY.

Ordered for consideration tomorrow.

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

S. 871 -- Senators Pope, Williams, Waddell, Setzler, Bryan and Macaulay: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-531 SO AS TO PROVIDE THAT CERTAIN ACTIONS RELATING TO ASBESTOS IN PUBLIC BUILDINGS ACCRUING BEFORE THE EFFECTIVE DATE OF THIS SECTION ARE REVIVED, AND MUST BE COMMENCED, IF NOT ALREADY COMMENCED, NO LATER THAN FIVE YEARS AFTER THE PUBLIC ENTITY SEEKING TO RECOVER HAS COMPLETED THE ABATEMENT WORK OR DISCOVERED THE IDENTITY OF THE MANUFACTURER OF THE MATERIALS, WHICHEVER IS LATER, AND TO PROVIDE FOR A FIVE-YEAR STATUTE OF LIMITATIONS PERIOD FOR CERTAIN ASBESTOS ACTIONS ACCRUING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.

Ordered for consideration tomorrow.

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

H. 3053 -- Rep. Mattos: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES COLLECTED BY CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCE, SO AS TO PROVIDE A FEE OF TWENTY-FIVE DOLLARS FOR THE EXPUNGEMENT OF CRIMINAL RECORDS.

Ordered for consideration tomorrow.

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

H. 3350 -- Reps. Burch, Hodges, Haskins, Cole, Huff, J. Harris, Baker and Keesley: A BILL TO AMEND ARTICLE 9, CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO KIDNAPPING, SO AS TO PROVIDE FOR THE FELONIES OF KIDNAPPING IN THE FIRST DEGREE, KIDNAPPING IN THE SECOND DEGREE, UNLAWFUL RESTRAINT IN THE FIRST DEGREE, AND UNLAWFUL RESTRAINT IN THE SECOND DEGREE, TO DEFINE CERTAIN TERMS IN REGARD TO THESE OFFENSES, AND TO REVISE THE CRIME OF CONSPIRACY TO KIDNAP; AND TO AMEND SECTION 16-1-10 OF THE 1976 CODE, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THESE CRIMES AS FELONIES.

Ordered for consideration tomorrow.

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

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

Ordered for consideration tomorrow.

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

H. 3476 -- Reps. Barber, Wilkins, J. Williams, Cole, Rama, L. Elliott, Mattos, Burch, Haskins, Jaskwhich, Gregory, Hodges, Koon, J.C. Johnson, Corning, Scott and Sturkie: A BILL TO AMEND SECTION 62-7-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND RESPONSIBILITIES OF A FIDUCIARY, SO AS TO AUTHORIZE FIDUCIARIES TO INVEST IN MUTUAL FUNDS SPONSORED BY AFFILIATED ORGANIZATIONS.

Ordered for consideration tomorrow.

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

H. 3477 -- Reps. Barber, Wilkins, J. Williams, G. Bailey, Rama, Cole, L. Elliott, Chamblee, Kempe, A. Young, Klapman, Smith, Beatty, Haskins, Cato, Vaughn, Sturkie, Holt, J.W. Johnson, J. Brown, Scott, Huff, Lanford, Koon, Wilkes, Wright, Burch, Corning, Gregory, J.C. Johnson and Waites: A BILL TO AMEND SECTION 62-3-1001, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING IN PROBATE COURT OF CERTAIN DOCUMENTS BY A PERSONAL REPRESENTATIVE, SO AS TO EXTEND FROM THIRTY TO NINETY DAYS THE PERIOD THE DOCUMENTS MUST BE FILED AFTER THE REPRESENTATIVE RECEIVES A STATE OR FEDERAL ESTATE TAX CLOSING LETTER.

Ordered for consideration tomorrow.

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

H. 3712 -- Rep. Huff: A BILL TO AMEND SECTION 34-21-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT FUNDS RECEIVED OR HELD IN A TRUST DEPARTMENT AWAITING INVESTMENT OR DISTRIBUTION MUST BE SECURED TO THE TRUST DEPARTMENT UNDER CERTAIN CONDITIONS, SO AS TO ADD A TRUST COMPANY AS A FIDUCIARY UNDER THIS SECTION AND CLARIFY THAT A TRUST DEPARTMENT OR TRUST COMPANY MAY DEPOSIT FUNDS IN AN AFFILIATE BANK.

Ordered for consideration tomorrow.

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

H. 3713 -- Rep. Hodges: A BILL TO AMEND SECTION 43-5-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT ALLOWED COUNTIES, CIRCUIT SOLICITORS, AND CIRCUIT COURTS FROM THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES IN CONNECTION WITH CHILD SUPPORT COLLECTION AND PATERNITY DETERMINATION PROGRAMS, SO AS TO ALLOW REIMBURSEMENT FOR SHERIFFS.

Ordered for consideration tomorrow.

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

H. 3714 -- Rep. Hodges: A BILL TO AMEND SECTION 20-7-1440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES, COSTS, AND ALLOWANCES ALLOWED IN DELINQUENCY, DEPENDENCY, AND NEGLECT ACTIONS IN FAMILY COURT, SO AS TO ALLOW FOR A FEE FOR THE SERVICE OF PROCESS IN CONNECTION WITH A TITLE VI-D CHILD SUPPORT ACTION PURSUANT TO A COOPERATIVE AGREEMENT ENTERED INTO BY THE SHERIFF OR CLERK OF COURT AND THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES FOR THE REIMBURSEMENT OF FEDERAL MATCHING FUNDS.

Ordered for consideration tomorrow.

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

H. 3721 -- Reps. Burriss and McAbee: A BILL TO AMEND SECTION 16-14-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE FINANCIAL TRANSACTION CARD CRIME ACT, SO AS TO DEFINE "ACQUIRER"; AND TO AMEND SECTION 16-14-60, RELATING TO FINANCIAL TRANSACTION CARD FRAUD, SO AS TO MAKE IT ILLEGAL FOR A PERSON TO FRAUDULENTLY REPRESENT TO AN ACQUIRER THAT HE HAS AUTHORIZATION TO USE A CREDIT CARD ACCOUNT NUMBER FOR THE PURPOSE OF RECEIVING MONEY, GOODS, SERVICES, OR ANYTHING ELSE OF VALUE, AND TO PROVIDE PENALTIES FOR VIOLATION.

Ordered for consideration tomorrow.

H. 3073 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 44 SO AS TO PROVIDE FOR THE RIGHTS OF MENTAL HEALTH PATIENTS; AND TO REPEAL SECTIONS 44-17-820, 44-23-230, 44-23-1010, 44-23-1020, 44-23-1030, 44-23-1040, 44-23-1050, 44-23-1060, 44-23-1070, 44-23-1090, 44-52-170, AND 44-52-190 RELATING TO THE RIGHTS OF MENTAL HEALTH PATIENTS.

Senator BRYAN asked unanimous consent to take the Bill up for immediate consideration.

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

Senator BRYAN proposed the following amendment (N05\7607.BD), which was adopted:

Amend the bill, as and if amended, by deleting Section 44-22-70(B) which reads:

/(B) The multi-disciplinary team shall review the individualized treatment plan twice a month. The attending physician shall serve on the multi-disciplinary team. The review must be documented by the attending physician and entered into the patient's records./

Reletter subsections to conform.

Amend title to conform.

Senator BRYAN explained the amendment.

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

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

S. 830 -- Senators Martschink, Moore, McConnell, Long, Land, Rose, Saleeby, Stilwell, Washington, Pope, Passailaigue, Bryan, Shealy, Helmly and Reese: A BILL TO AMEND SECTION 56-3-1250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION CARDS, SO AS TO REDUCE THE PENALTY FOR FAILURE OF THE OWNER TO SIGN THE REGISTRATION CARD IN THE SPACE PROVIDED.

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

H. 3277 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTION 12-36-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "RETAIL SALE" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO PROVIDE THAT THE DEFINITION INCLUDES THE SALE OF FOOD PRODUCTS, OTHER THAN SOFT DRINKS IN CLOSED CONTAINERS, TO VENDERS WHO SELL THE PRODUCTS THROUGH VENDING MACHINES, AND TO PROVIDE THAT THESE VENDERS ARE DEEMED TO BE THE USERS OR CONSUMERS OF THE PRODUCTS; AND TO AMEND SECTION 12-36-2120, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PROVIDE THAT PORTIONS OF THE STANDARD INDUSTRIAL CLASSIFICATION MANUAL MUST BE USED AS AUTHORITY IN DETERMINING QUALIFICATIONS FOR THE EXEMPTION OF MACHINERY USED IN MANUFACTURING.

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

H. 3280 -- Reps. McAbee, Sharpe, G. Bailey, D. Elliott, Mattos, Boan, Haskins, Shirley, Gregory, White and Keyserling: A BILL TO AMEND CHAPTER 4, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALLOCATION OF ACCOMMODATIONS TAX REVENUES, SO AS TO DEFINE TERMS, REVISE THE PROCEDURES FOR ALLOCATION, DISTRIBUTION, AND USE OF THE FUNDS, PROVIDE ADDITIONAL REQUIREMENTS FOR ADVISORY COMMITTEES, AND PROVIDE FOR AN ACCOMMODATIONS TAX OVERSIGHT COMMITTEE.

Senator LONG asked unanimous consent to take the Bill up for immediate consideration.

Senator LEATHERMAN objected.

H. 3832 -- Rep. Kirsh: A BILL TO AMEND SECTION 59-121-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONPROFIT ELEEMOSYNARY CORPORATION FORMED TO PROVIDE SCHOLARSHIP AND OTHER COLLEGE SUPPORT FOR THE CITADEL, SO AS TO MAKE A TECHNICAL CORRECTION IN THE SECTION TO ALLOW FUNDS AND PROPERTY ACQUIRED BEFORE AND AFTER THE EFFECTIVE DATE OF THE SECTION TO BE TRANSFERRED TO THIS NONPROFIT ELEEMOSYNARY CORPORATION.

On motion of Senator SETZLER, with unanimous consent, the Bill was recalled from the Committee on Education, and placed on the Calendar for consideration tomorrow.

Senator WADDELL, with unanimous consent, was granted leave to address the body regarding the status of the Committee of Conference on H. 3650, the General Appropriation Bill.

H. 3026 -- Rep. Gentry: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 50-21-112, 50-21-114, AND 50-21-116 SO AS TO ESTABLISH THE OFFENSE OF BOATING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND PROVIDE A SCHEDULE OF BLOOD ALCOHOL CONTENT THAT GIVES RISE TO PRESUMPTIONS AND INFERENCES OF OPERATING A WATERCRAFT UNDER THE INFLUENCE, TO PROVIDE IMPLIED CONSENT BY OPERATORS OF WATERCRAFT TO TESTING OF BODILY FLUIDS FOR ALCOHOL AND DRUGS, AND TO PROVIDE FOR THE TESTING PROCEDURE AND PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-110, RELATING TO RECKLESS OPERATION OF WATERCRAFT, SO AS TO DELETE PROVISIONS RELATING TO OPERATING WATERCRAFT WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 50-21-150, RELATING TO THE PUNISHMENT FOR OPERATING WATERCRAFT RECKLESSLY OR UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO DELETE THE PROVISION WHICH PROVIDES A PENALTY FOR VIOLATING SECTION 50-21-110.

Senator LAND spoke on the Report.

On motion of Senator LAND, with unanimous consent, the Conference Committee Report on H. 3026 (JUD\3026.\lcw) was adopted as follows:

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3026 -- Rep. Gentry: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 50-21-112, 50-21-114, AND 50-21-116 SO AS TO ESTABLISH THE OFFENSE OF BOATING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND PROVIDE A SCHEDULE OF BLOOD ALCOHOL CONTENT THAT GIVES RISE TO PRESUMPTIONS AND INFERENCES OF OPERATING A WATERCRAFT UNDER THE INFLUENCE, TO PROVIDE IMPLIED CONSENT BY OPERATORS OF WATERCRAFT TO TESTING OF BODILY FLUIDS FOR ALCOHOL AND DRUGS, AND TO PROVIDE FOR THE TESTING PROCEDURE AND PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-110, RELATING TO RECKLESS OPERATION OF WATERCRAFT, SO AS TO DELETE PROVISIONS RELATING TO OPERATING WATERCRAFT WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 50-21-150, RELATING TO THE PUNISHMENT FOR OPERATING WATERCRAFT RECKLESSLY OR UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO DELETE THE PROVISION WHICH PROVIDES A PENALTY FOR VIOLATING SECTION 50-21-110.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendment:

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

/SECTION 1. The 1976 Code is amended by adding:

"Section 50-21-112. (A) A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, operates, navigates, steers, or drives a moving vessel, or is in actual physical control of a moving vessel, or manipulates any moving water skis, moving aquaplane, moving surfboard, or similar moving device upon the waters of this State and does any act forbidden by law or neglects a duty imposed by law, which proximately causes great bodily injury or death of a person other than himself, is guilty of a felony and, upon conviction, must be punished:

(1) by a fine of not less than five thousand dollars nor more than ten thousand dollars and imprisonment for not less than thirty days nor more than ten years when great bodily injury results;

(2) by a fine of not less than ten thousand dollars nor more than twenty-five thousand dollars and imprisonment for not less than one year nor more than ten years when death results.

(B) As used in subsection (A) `great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ.

(C) A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, operates, navigates, steers, or drives a vessel, or is in actual physical control of a moving vessel, or manipulates any moving water skis, moving aquaplane, moving surfboard, or similar moving device upon the waters of this State and does any act forbidden by law or neglects a duty imposed by law, which act or neglect proximately causes damage to property other than his own, or injury other than great bodily injury to a person other than himself, is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than one hundred nor more than two hundred dollars or imprisonment for not more than thirty days.

(D) The department must suspend the privilege of a person who is convicted or who pleads guilty or nolo contendere under this section to operate, navigate, steer, or drive a vessel or be in actual physical control of a moving vessel or manipulates any moving water skis, moving aquaplane, moving surfboard, or similar moving device on waters of this State for a period to include any term of imprisonment plus:

(1) three years in the case of death or great bodily injury; or

(2) one year in the case of property damage or injury other than great bodily injury.

(E) A person who, while operating privileges are under suspension, operates, navigates, steers, or drives a vessel or is in actual physical control of a moving vessel or manipulates any moving water skis, moving aquaplane, moving surfboard, or similar moving device, on waters of this State is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than one hundred dollars nor more than two hundred dollars or imprisonment for not more than thirty days.

Section 50-21-114. (A) (1) A person who operates, navigates, steers, or drives a vessel, or is in actual physical control of a moving vessel, or manipulates any moving water skis, moving aquaplane, moving surfboard, or similar moving device, which is involved in a reportable boating accident or marine casualty upon the waters of this State, is considered to have given consent to a chemical test or analysis of his breath, blood, or urine to determine the presence of alcohol or drugs if arrested for an offense arising out of acts alleged to have been committed while the person was operating or in physical control of a moving vessel while under the influence of alcohol, drugs, or a combination of them. A test must be administered at the direction of a law enforcement officer who has apprehended a person for operating, navigating, steering, or driving a vessel, or being in actual physical control of a moving vessel, or manipulating any moving water skis, moving aquaplane, moving surfboard, or similar moving device upon the waters of this State while under the influence of alcohol, drugs, or a combination of them. At the direction of the arresting officer, the person first must be offered a breath test to determine the alcohol concentration of his blood. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth, is unconscious, dead, or for any other reason considered acceptable by licensed medical personnel, a blood sample may be taken. If the officer has reasonable grounds to believe the person is under the influence of drugs other than alcohol, the officer may order that a urine sample be taken for testing. If the breath analysis reading is ten one-hundredths of one percent or above by weight of alcohol in the person's blood, the officer may not require additional tests of the person as provided in this chapter.

(2) The breath test must be administered by a person trained and certified by the South Carolina Law Enforcement Division, SLED, using methods approved by SLED. The arresting officer may not administer the tests. Blood and urine samples must be taken by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, or other medical personnel trained to take the samples in a licensed medical facility. Blood samples or urine samples must be obtained and handled in accordance with procedures approved by SLED. No tests may be administered or samples taken unless the person has been informed that he does not have to take the test or give the samples but that his privilege to operate, navigate, steer, or drive a vessel, or be in actual physical control of a moving vessel, or manipulate any moving water skis, moving aquaplane, moving surfboard, or similar moving device must be suspended or denied for one hundred eighty days if he refuses to submit to the tests.

(3) A hospital, physician, qualified technician, chemist, or registered nurse who takes samples or conducts the test or participates in the process of taking the samples or conducting the test in accordance with this section is not subject to a cause of action for assault, battery, or any other cause contending that the drawing of blood or taking of samples at the request of the arrested person or a law enforcement officer was wrongful. This release from liability does not reduce the standard of medical care required of the person taking the samples or conducting the test. This qualified release also applies to the employer of the person who conducts the test or takes the samples. No person may be required by the arresting officer, or by any other law enforcement officer, to obtain or take any sample of blood or urine.

(4) The person tested or giving samples for testing may have a qualified person of his own choosing conduct additional tests at his expense and must be notified of that right. A person's failure to request additional blood or urine tests is not admissible against the person in a criminal trial. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples taken at the direction of the law enforcement officer.

(5) The arresting officer shall provide reasonable assistance to the person to contact a qualified person to conduct additional tests.

(6) SLED shall administer the provisions of this subsection and may promulgate regulations necessary to carry out its provisions. The cost of the tests administered at the direction of the law enforcement officer must be paid from the general fund of the State. A fee of fifty dollars is assessed, at the time of the sentencing, persons convicted of, pleading guilty or nolo contendere to, or forfeiting bond for violating Section 50-21-112. This fee must be forwarded by the county treasurer to the State Treasurer and credited to the general fund of the State to defray any costs incurred by SLED and individuals and institutions obtaining the samples forwarded to SLED.

(B) In any criminal prosecution for a violation of Section 50-21-112 the amount of alcohol in the person's blood at the time of the alleged violation, as shown by chemical analysis of the person's breath or other body fluids, gives rise to the following inferences:

(1) If there was at that time five one-hundredths of one percent or less by weight of alcohol in the person's blood, it is presumed conclusively that the person was not under the influence of alcohol.

(2) If there was at that time in excess of five one-hundredths of one percent but less than ten one-hundredths of one percent by weight of alcohol in the person's blood, that fact does not give rise to any inference that the person was or was not under the influence of alcohol, but that fact may be considered with other competent evidence in determining the guilt or innocence of the person.

(3) If there was at that time ten one-hundredths of one percent or more by weight of alcohol in the person's blood, it may be inferred that the person was under the influence of alcohol.

(C) The provisions of this section may not be construed as limiting the introduction of other competent evidence bearing upon the question of whether or not the person was under the influence of alcohol, drugs, or a combination of them.

(D) A person who is unconscious or otherwise in a condition rendering him incapable of refusal is considered to be informed and not to have withdrawn the consent provided by subsection (A).

(E) If a person under arrest refuses, upon the request of a law enforcement officer, to submit to chemical tests provided in subsection (A), none may be given, but the department, on the basis of a report from the law enforcement officer that the arrested person was operating, navigating, steering, or driving a vessel, or was in actual physical control of a moving vessel, or was manipulating any moving water skis, moving aquaplane, moving surfboard, or similar moving device upon the waters of this State while under the influence of alcohol, drugs, or a combination of them, and that the person had refused to submit to the tests, shall suspend his privilege to perform the activity for one hundred eighty days. The one hundred eighty-day period of suspension begins with the day after the date of the notice required to be given, unless a hearing is requested as provided, in which case the one hundred eighty-day period begins with the day after the date of the order sustaining the suspension. The report of the arresting officer must include what grounds he had for believing the arrested person was conducting the above-mentioned activity while under the influence of alcohol, drugs, or a combination of them. If the arrested person took a chemical breath test but refused to provide a blood or urine sample, the report of the arresting officer must include the officer's grounds for believing the arrested person was under the influence of drugs other than alcohol. If a person who refuses, upon the request of a law enforcement officer, to submit to chemical tests as provided in subsection (A), pleads guilty or nolo contendere to, or forfeits bond for a violation of Section 50-21-112, within thirty days of arrest, the period of the suspension under this section must be canceled.

(F) Upon suspending the operating privilege of a person, the department immediately shall notify the person in writing and upon his request give him an opportunity for a hearing as provided in Sections 50-9-1050(b) and 50-9-1060. The review must be scheduled by the department within twenty days after the receipt of the request. The scope of the hearing is limited to the issues of whether the person was placed under arrest, whether the person had been informed that he did not have to take the tests but that his privilege to operate a vessel would be suspended or denied if he refused to submit to the tests, and whether he refused to submit to the tests upon request of the officer. Upon review, the department either shall rescind its order of suspension or if there is good cause, continue the suspension of the privilege.

(G) If a boating accident or marine casualty involves a fatality, the coroner having jurisdiction, within forty-eight hours of receiving notification of the death, shall direct that a chemical blood test to determine blood alcohol concentration or the presence of drugs be performed on the deceased and that the results of the test be recorded properly in the coroner's report."

SECTION 2. The crime provided for in Section 50-21-112(A) of the 1976 Code as contained in Section 1 of this act is added to the list of crimes classified as felonies in Section 16-1-10.

SECTION 3. This act takes effect upon approval by the Governor./

Amend title to conform.

/s/John C. Land, III /s/James H. Harrison
/s/Kay Patterson /s/Larry E. Gentry
/s/Ernest L. Passailaigue, Jr. /s/E. LeRoy Nettles, Jr.

On Part of the Senate. On Part of the House.

and a message was sent to the House accordingly.

H. 3280 -- Reps. McAbee, Sharpe, G. Bailey, D. Elliott, Mattos, Boan, Haskins, Shirley, Gregory, White and Keyserling: A BILL TO AMEND CHAPTER 4, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALLOCATION OF ACCOMMODATIONS TAX REVENUES, SO AS TO DEFINE TERMS, REVISE THE PROCEDURES FOR ALLOCATION, DISTRIBUTION, AND USE OF THE FUNDS, PROVIDE ADDITIONAL REQUIREMENTS FOR ADVISORY COMMITTEES, AND PROVIDE FOR AN ACCOMMODATIONS TAX OVERSIGHT COMMITTEE.

Senator LONG asked unanimous consent to take the Bill up for immediate consideration.

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

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

S. 417 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-21-2726, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF LICENSING OF COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT PROOF OF LICENSING IS THE CONSPICUOUS DISPLAY OF THE LICENSE AT THE MACHINE LOCATION; TO AMEND SECTION 12-21-2738, RELATING TO PENALTIES FOR VIOLATIONS OF LICENSING LAWS FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT FAILURE TO HAVE THE APPROPRIATE LICENSES ON DISPLAY CONSTITUTES A VIOLATION AND THAT EACH MACHINE IN EXCESS OF THE APPROPRIATE LICENSE DISPLAYED IS A SEPARATE VIOLATION; AND TO REPEAL SECTION 12-21-2732, RELATING TO THE ATTACHMENT OF LICENSES TO MACHINES.

The House returned the Bill with amendments.

The Senate proceeded to a consideration of the Bill. The question being the concurrence with the House amendments.

Senator J. VERNE SMITH argued in favor of concurrence.

Senators LAND, SHEALY, and MARTSCHINK proposed the following Amendment No. 1 (N05\7609.AL), which was tabled and then reconsidered:

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

/SECTION 1. The 1976 Code is amended by adding:

"Section 12-21-2723. (A) No person may maintain or permit to be used on a single place or premises more than nine machines licensed under Section 12-21-2720(3).

(B) No person who maintains a place or premises for the operation of machines licensed under Section 12-21-2720(3) may advertise in any manner for the playing of the machines nor may a person offer or allow to be offered any special inducement to a person for the playing of machines permitted under Section 12-21-2720(3).

(C) No person under twenty-one years of age may play the machines licensed under Section 12-21-2720(3).

(D) No owner, operator, or marketer may be issued a permit by the South Carolina Tax Commission for machines pursuant to Section 12-21-2720(3) unless the owner, operator, or marketer has been a resident of South Carolina for two years. The commission shall require a statement of residency to be filed with the commission as part of the application process for permits issued under Section 12-21-2720(3) on forms and in a manner the commission considers appropriate.

(E) A person violating subsections (A), (B), or (D) of this section is subject to a fine of up to five thousand dollars to be imposed by the commission. The commission, upon a determination that the violation is wilful, may refer the violation to the Attorney General or to the appropriate circuit solicitor for criminal prosecution, and, upon conviction, the person must be fined not more than ten thousand dollars or imprisoned not more than two years, or both."

SECTION 2. The last paragraph of Section 12-21-2720 of the 1976 Code, as last amended by Act 170 of 1987, is further amended to read:

"Municipalities may increase the amount charged as license for the operation of the machines over the maximum amounts allowed before March 28, 1956, by a sum not to exceed twenty percent. No municipality or county may limit the number of machines within the boundaries of the municipality or county."

SECTION 3. Section 12-21-2726 of the 1976 Code is amended to read:

"Section 12-21-2726. Every person who maintains for use or permits the use of, on any a place or premises occupied by him, any a machine subject to the license imposed by this article shall by way of proof of licensing must have a current license attached to the machine, or alternatively the person shall have in his possession and produce on demand a receipt for a cashier's check, money order, or certified check not more than thirty days old made payable to the order of the South Carolina Tax Commission showing thereon the name or model except that those machines described in and licensed as item (3) machines may by way of proof of licensing have a current license on display at the premises occupied by him showing only the following information:

(1) the type of machine;

(2) the number of machines; and

(3) location showing the address of the machines. The owners of those machines described in and licensed as item (3) machines are specifically allowed to take advantage of those provisions of the United States Code which also authorize a tax credit for state-imposed taxes. For inspection purposes, the license must be displayed conspicuously at the location where the machine is operated."

SECTION 4. Section 12-21-2738 of the 1976 Code is amended to read:

"Section 12-21-2738. Any (A) A person who may not:

(1) fail, neglect, or refuse to comply with the terms and provisions of this article; or who

(2) fails fail to attach the required license to any a machine, an apparatus, a billiard, or a pocket billiard table, as herein required,; or

(3) fail to display conspicuously the required license where a machine is being operated.

(B) A person who violates subsection (A) is subject to a penalty of fifty five hundred dollars for each failure, and the penalty must be assessed and collected by the commission.

(C) For purposes of the violation established pursuant to in item (3) of this section subsection (A), each machine by type in excess of the appropriate license displayed constitutes a separate violation.

(D) In addition to the penalty in this section, an unlicensed machine is considered to have been on location as of June first of the licensing period, and the full annual license amount must be collected."

SECTION 5. This act is effective upon approval by the Governor, except Sections 3 and 4 are effective for licenses issued after May 31, 1992, and except the statement of residency required in Section 12-21-2723(D) of the 1976 Code in Section 1 applies to licenses issued after 1991. The South Carolina Tax Commission shall investigate and determine whether the residency requirement has been met for licenses issued in 1991./

Amend title to conform.

Senator J. VERNE SMITH argued contra to the adoption of the amendment.

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

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

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

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

The Senate resumed.

Senator LAND resumed arguing in favor of the adoption of the amendment.

Senator LOURIE requested and was granted at 1:25 P.M. a leave of absence until 2:30 P.M.

Senator DRUMMOND argued contra to the adoption of the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

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

Bryan Drummond Giese
Hinson Holland Leatherman
Macaulay McGill Moore
Mullinax Pope Reese
Russell Smith, J.V. Smith, N.W.
Stilwell Thomas Washington
Wilson

Carmichael Courson Gilbert
Hinds Land Leventis
Long Martschink Matthews
McConnell Mitchell Passailaigue
Peeler Rose Saleeby
Setzler Shealy Waddell
Williams

O'Dell (Present) Aye

Patterson (Absent) Nay

The PRESIDENT voted "aye".

The amendment was laid on the table.

On motion of Senator MOORE, with unanimous consent, the Senate agreed to proceed to the Motion Period for the purpose of considering one motion regarding reapportionment, and, upon the disposition of the motion, the Senate would revert to consideration of S. 417.

Senator MACAULAY made a Parliamentary Inquiry as to whether or not the consideration of reapportionment would be to the exclusion of other Senate business.

The PRESIDENT stated that by prior motion of Senator WILLIAMS, adopted by unanimous consent on Thursday, May 16, 1991, the Senate agreed to a special, limited order of business under which reapportionment would be considered.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

Senator McCONNELL moved, pursuant to the provisions of Rule 1, and subject to the limitations established by the motion by Senator WILLIAMS, adopted on Thursday, May 16, 1991 (Journal #76, page 16), that the Senate convene at 11:00 A.M. for statewide session on Friday, May 24, 1991; Saturday, May 25, 1991; Sunday, May 26, 1991; and Monday, May 27, 1991, unless otherwise decided by the Senate.

By prior motion of Senator MOORE, the Senate reverted to a consideration of S. 417.

Having voted on the prevailing side, Senator WASHINGTON moved to reconsider the vote whereby Amendment No. 1 to S. 417, proposed by Senators LAND, SHEALY, and MARTSCHINK was tabled.

Senator LEATHERMAN raised a Point of Order that the motion to reconsider was out of order inasmuch as it needed to be made during the Motion Period.

Senator LAND spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

The question then was the motion to reconsider the vote whereby Amendment No. 1 was tabled.

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

Carmichael Courson Gilbert
Hinds Land Leventis
Long Martin Martschink
Matthews McConnell Mitchell
Passailaigue Peeler Rose
Saleeby Setzler Shealy
Waddell Washington Williams

Bryan Drummond Giese
Hinson Holland Leatherman
Macaulay McGill Moore
Mullinax Pope Reese
Russell Smith, J.V. Smith, N.W.
Stilwell Thomas Wilson

The Senate agreed to reconsider the vote whereby Amendment No. 1 was tabled.

H. 3967 -- Rep. Wilkins: A BILL TO AMEND ACT 284 OF 1989, RELATING TO THE TAX MILLAGE WHICH THE BOARD OF TRUSTEES OF THE GREENVILLE COUNTY SCHOOL DISTRICT MAY LEVY FOR THE GENERAL OPERATION OF THE SCHOOL DISTRICT IN ANY YEAR, SO AS TO INCREASE BY THREE MILLS THE TAX MILLAGE WHICH MAY BE LEVIED.

Senator STILWELL asked unanimous consent to take the Bill up for immediate consideration.

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

Senator MITCHELL proposed the following amendment (RES3967.003), which was not adopted:

Amend the bill, as and if amended, page 1, beginning on line 21 by striking SECTIONS 1 and 3 in their entirety.

Amend the bill further, as and if amended, page 1 by striking lines 36 through 44 in their entirety.

Amend the bill further, as and if amended, page 2 by striking lines 1 and 2 in their entirety.

Renumber sections to conform.

Amend title to conform.

Senator STILWELL requested a division vote of the Senate on the adoption of the amendment.

A division was taken, resulting in a vote of 3 to 2.

Senator MITCHELL proposed the following amendment (RES3967.004), which was not adopted:

Amend the bill, as and if amended, page 2, SECTION 4, line 7 by striking the words /eighty nine/ and inserting in lieu thereof the following:

/ninety-one/.

Renumber sections to conform.

Amend title to conform.

Senator STILWELL requested a division vote of the Senate on the adoption of the amendment.

A division was taken, resulting in a vote of 3 to 2.

Senator STILWELL proposed the following amendment (BBM\9475.JM), which was adopted:

Amend the bill, as and if amended, by striking SECTION 3, on pages 1 and 2, and inserting:

/SECTION 3. For any tax millage to be levied above the limits contained in this act, such excess may be implemented upon a majority vote of the Board of Trustees of the Greenville County School District following the passage by the General Assembly of appropriate legislation authorizing the implementation of same./

Amend title to conform.

Senator STILWELL requested a division vote of the Senate on the adoption of the amendment.

A division was taken, resulting in a vote of 3 to 2 for adoption.

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

On motion of Senator STILWELL H. 3967 was ordered to receive a third reading on Thursday, May 23, 1991.

Ladies and Gentlemen of the Senate:

I know that most of you are already well aware that the Judiciary Committee reported out a Congressional, House, and Senate Reapportionment Bill yesterday. In fact, I was glad to see that many of you were able to attend our meeting yesterday so that you could see that the committee had been working diligently through its subcommittee to craft plans which meet all constitutional and statutory requirements.

I am very proud of the subcommittee chaired by Senator HOLLAND and its membership of Senators SALEEBY, McCONNELL, HAYES, POPE, MATTHEWS, and STILWELL. They have worked long and hard over the past year to ensure that the plan adopted by the committee not only met the legal requirements, but also that it was a product of the people of South Carolina. Without a doubt, the plan adopted by the committee has received more public input than any reapportionment plan ever considered by the General Assembly of South Carolina. The subcommittee ensured that the public had its input into the development of the criteria governing creation of the plan. The subcommittee's scheduling of hearings and the time table for consideration of reapportionment was based on the stated purpose of maximizing public participation. The subcommittee ensured that the public had input into the plans adopted by guaranteeing that every person had the right and the opportunity to present alternatives on Senate and Congressional Reapportionment.

I am here to tell you that public input helps. The product of the subcommittee's labors and public input are two very fine reapportionment plans. I am advised by counsel to the committee that these plans comply with both the letter and spirit of the U.S. Constitution, S.C. Constitution, and the Federal Voting Rights Act. Not only do they comply with the letter and spirit of such legal requirements, they also comply with the criteria developed by the subcommittee.

Now is the time for the South Carolina Senate to consider reapportionment as a body. Unfortunately, the S.C. House of Representatives has consistently refused to adopt this body's call for an extension of the sine die deadline. Since the introduction of our extension of sine die adjournment in January, the Senate has attempted to ensure that reapportionment be given full, deliberate consideration. I am disturbed that our efforts to encourage the House to adopt such a deadline have not been more readily received. I hope it is not a signal of any uncooperative relations to come. But I must tell you, that if the House of Representatives means to be uncooperative and means to thwart the Senate in its efforts to produce responsible reapportionment, then let the line be drawn in the dirt now. The Senate is on record as to what it believes is fair and right and is prepared to move forward to adopt a responsible reapportionment plan even within the tight time frame of between now and June 6, 1991. In fact, I hope that we send our plans to the House such that they can be fully considered by that body and that there may be ample opportunity for the Governor of South Carolina to give his consideration to the proposal.

So that we can get a responsible bill to the House of Representatives within this tight time frame, I think it is incumbent upon this body to work until we have finished consideration of the bill. Please make plans to stay this week until we have given the bill second reading. I hope that we will then come back next week and give the bill third reading so that the bill may go to the House as soon as possible. Beginning tomorrow, and under the provisions of the unanimous consent motion made last week, reapportionment legislation will be considered to the exclusion of all but a limited number of matters. While I am willing to work with each of you to ensure that other important legislation is considered, please be on notice that reapportionment must be given priority consideration.

I know that many of you will want to review the work of the committee. Each of you will receive a printout of all information within the Senate and Congressional reapportionment plans this afternoon. In addition, you will receive certain information that will assist you in preparing any amendments you wish to offer to the reapportionment legislation. I ask you to read this material carefully, as it is very important that amendments be accurate and that they be produced in a manner that will facilitate accurate and efficient consideration of the reapportionment legislation.

Should you have any questions about reapportionment amendments, please see the committee's counsel, Michael Couick.

Once the General Assembly has completed its action on reapportionment and this General Assembly retires for a well deserved rest this summer, I am sure that there will be much debate over our efforts. Let me be the first to enter into that debate by putting on the record that I am very proud of our reapportionment subcommittee.

Thank you.

Mr. PRESIDENT, I would now like to offer to this body that Senators HOLLAND, McCONNELL and I will be glad to answer any questions concerning the consideration of reapportionment.

(On motion of Senator WILLIAMS, ordered printed in the Journal)

Senator MARTSCHINK requested and was granted a leave of absence for all day Sunday, May 26, 1991.

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

Senator MARTIN requested and was granted a leave of absence until Monday, May 27, 1991.

Senator SALEEBY asked unanimous consent to take up S. 607 for immediate consideration.

Senator DRUMMOND moved that the Senate stand adjourned.

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

Drummond Hinds Hinson
Holland Leatherman Leventis
Lourie Macaulay McConnell
Passailaigue Peeler Smith, J.V.
Thomas Wilson

Bryan Carmichael Courson
Giese Gilbert Land
Long Martin Martschink
Matthews McGill Mitchell
Moore Mullinax O'Dell
Pope Reese Rose
Russell Saleeby Setzler
Shealy Smith, N.W. Stilwell
Waddell Washington Williams

The Senate refused to adjourn.

The question then was the adoption of Amendment No. 1 to S. 417, proposed by Senators LAND, SHEALY and MARTSCHINK.

Senator PASSAILAIGUE spoke on the amendment.

Senator PASSAILAIGUE moved under Rule 15A to set 3:00 P.M. as a time certain to vote on Amendment No. 1 to S. 417.

Senator BRYAN moved that the Senate do now adjourn.

Senator WILLIAMS, with unanimous consent, moved that when the Senate adjourns it stand adjourned to meet Thursday, May 23, 1991, at 10:00 A.M., which motion was adopted.

At 2:37 P.M., on motion of Senator BRYAN, the Senate adjourned to meet tomorrow at 10:00 A.M.

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