Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, 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, the prophet Isaiah gave a message to his people from Jehovah (54:2 NIV):

"Enlarge the place of your tent,

stretch your tent curtains wide,

do not hold back; lengthen your

cords, strengthen your stakes.

For you will spread out to the

right and to the left;... do not

be afraid."
Let us pray.

Our Father-God, You give us life and daily open doors of opportunity.

Grant that we may properly assess the resources we have at our disposal.

Help us to make our plans and think of our budgetary commitments not only as supporting current operations of state government... but also as seed corn for future crops.

Dear Lord, so orient our thinking that our differing points of view may so coalesce as to bring us to sound corporate judgments.

We pray in the Name of Isaiah's God.

Amen.

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

June 3, 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 Senate," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Appointment, Member, South Carolina Tobacco Advisory Commission, with term to commence on September 15, 1991, and to expire on September 15, 1993:

Pee Dee Tobacco Warehouse Association:

Mr. Robert B. Battle, Post Office Box 211, Nichols, South Carolina 29581 VICE E. Dixon Lewis

Referred to the Committee on Agriculture and Natural Resources.

May 31, 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 Senate," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Appointment, Member, State Board for Technical and Comprehensive Education, with term to expire on July 1, 1996:

6th Congressional District:

Mr. Russell C. King, Jr., President, Sonoco Products Company, Post Office Box 160, Hartsville, South Carolina 29550 VICE Margaret Licia Stone (resigned)

Referred to the Committee on Education.

May 30, 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.

Initial Appointment, Member, State Fire Marshall Board of Appeals, with term to expire on September 6, 1993:

Structural Engineer:

Mr. C.F. Boland, Jr., Professional Engineering Associates, Inc., Post Office Box 8836, Greenville, South Carolina 29604

Referred to the General Committee.

Reappointment, Member, South Carolina State Fire Commission, with term to expire on January 15, 1995:

3rd Congressional District - Fulltime Fireman:

Chief Odis F. "Bo" Gilreath, 2602 Warren Drive, Anderson, South Carolina 29621

Referred to the General Committee.

Appointment, Member, State Board for Technical and Comprehensive Education, with term to expire on July 1, 1997:

1st Congressional District:

Col. Eugene D. Foxworth, Jr., Apartment 302, 1 King Street, Charleston, South Carolina 29401 VICE Herbert J. Schoyle, Jr.

Referred to the Committee on Education.

Reappointment, Member, Technical and Comprehensive Education Board, with term to expire on July 1, 1997:

2nd Congressional District:

Ms. Cathy Blackburn Novinger, 119 Mill Pond Road, Cayce, South Carolina 29033

Referred to the Committee on Education.

Appointment, Member, Juvenile Parole Board, with term to expire on September 30, 1994:

2nd Congressional District:

Ms. Mollie K. DuPriest, 116 Turnberry Lane, Lexington, South Carolina 29072 VICE Earl D. Scott

Referred to the Committee on Corrections and Penology.

Appointment, Member, South Carolina Board of Probation Parole and Pardon Services, with term to expire on March 15, 1997:

3rd Congressional District:

Mr. John F. Elliott, 132 Surrey Circle, Aiken, South Carolina 29801 VICE Jerry M. Neal

Referred to the Committee on Corrections and Penology.

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

3rd Congressional District:

Mrs. Sandra J. Molander, 114 Pucketts Cove, Greenwood, South Carolina 29646 VICE Henry S. Jordan

Referred to the Committee on Medical Affairs.

Appointment, Member, Permanent Advisory Council of the State Development Board, with term to expire on July 1, 1995:

Colleton/Dorchester:

Mr. S. Porcher Stoney, 105 Quarterhorse Circle, Summerville, South Carolina 29483 VICE Cary Upchurch

Referred to the Committee on Labor, Commerce and Industry.

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

Initial Appointment under Act 678 of 1988:

Ms. Elizabeth Lee, P.O. Box 10, Lydia, South Carolina 29079

Mr. Winfred L. Flowers, P.O. Box 782, Darlington, South Carolina 29532

Mr. Clarence L. James, Route 2, Box 297, Society Hill, South Carolina 29593

Mr. Preston Warr, Route 2, Box 782, Darlington, South Carolina 29532

Mr. J. Neil McDonald, P.O. Box 1765, Hartsville, South Carolina 29550

Appointment, Member, Orangeburg County Master in Equity, with term to expire on August 14, 1997:

Mr. Olin Burgdorf, P.O. Box 145, Springfield, South Carolina 29146

Senator GIESE introduced Dr. Mitchell J. Holin of Columbia, S.C., Doctor of the Day.

On motion of Senator WILLIAMS, with unanimous consent, leave was granted to consider S. 999, S. 1003, and H. 3651 at any time during the session this week.

Senator WILLIAMS asked unanimous consent to make a motion under Rule 33 to vary the order of business and proceed directly to the Motion Period.

Senator LEATHERMAN objected.

Senator NELL W. SMITH requested to have the Journal reflect pursuant to Rule 44 that she is giving notice of a motion to suspend some or all of the provisions of Rules 1, 23, 38, and 40.

Senator McCONNELL requested to have the Journal reflect pursuant to Rule 44 that he is giving notice of a motion to suspend some or all of the provisions of Rule 24.

Senator McCONNELL requested to have the Journal reflect pursuant to Rule 44 that he is giving notice of a motion to suspend some or all of the provisions of Rule 44.

Senator McCONNELL requested to have the Journal reflect pursuant to Rule 44 that he is giving notice of a motion to suspend some or all of the provisions of Rule 33.

The following were introduced:

S. 1029 -- Senator Matthews: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. BERNICE H. BROWN OF DORCHESTER COUNTY ON THE OCCASION OF HER RECENT RETIREMENT ON NOVEMBER 30, 1990, FROM COUNTY OFFICE.

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

S. 1030 -- Senator Waddell: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE AMOUNT OR PERCENTAGE ADDED AS GRATUITY TO THE PRICE OF A MEAL BY A RETAILER FURNISHING THE MEAL.

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

S. 1031 -- Senator Setzler: A JOINT RESOLUTION TO EXTEND THE TIME FOR APPLYING FOR THE SPECIAL PROPERTY TAX ASSESSMENT RATIO FOR A LEGAL RESIDENCE REQUIRED BY SECTION 12-43-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR 1991 ONLY TO JULY 1, 1991.

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

S. 1032 -- Senator Stilwell: A JOINT RESOLUTION TO PROVIDE FOR THE ADOPTION OF THE LATEST OFFICIAL UNITED STATES DECENNIAL CENSUS RELEASED PURSUANT TO PUBLIC LAW 94-171 SO AS TO PROVIDE THAT THE LATEST CENSUS SHALL BE USED IN DETERMINING THE NUMBER OF MAGISTRATES IN EACH COUNTY AND TO PROVIDE FOR THE APPROPRIATE COMPENSATION FOR EACH MAGISTRATE.

Senator STILWELL spoke on the Joint Resolution.

Senator STILWELL asked unanimous consent for the Joint Resolution to go without reference.

Senator HINSON objected.

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

H. 3539 -- Rep. Corning: A BILL TO AMEND ACT 466 OF 1988, RELATING TO THE LONG-TERM CARE INSURANCE ACT, APPROVAL OF REGULATIONS, TERMS, AND CONDITIONS APPLICABLE TO LONG-TERM CARE INSURANCE POLICY AND GROUP POLICY, AND ADVERTISING RESTRICTIONS, SO AS TO PROVIDE THAT NO INSURER IS REQUIRED TO OFFER NECESSARY CARE IN THE HOME OR COMMUNITY WITH DAILY BENEFITS AT THE SAME LEVEL THAT WOULD BE PAID FOR CARE IN A NURSING HOME OR COMMUNITY RESIDENTIAL CARE FACILITY UNDER CERTAIN CONDITIONS, REQUIRE THE INSURER TO OFFER THIS NECESSARY CARE IN THE HOME OR COMMUNITY FOR THE INSURED'S OPTION BY MEANS OF A RIDER, AND PROVIDE AN EXCEPTION FOR OFFERING THE RIDER; AND TO PROVIDE THAT THREE YEARS FOLLOWING THE EFFECTIVE DATE OF THIS ACT, AND TWO YEARS AFTER THAT, THE COMMISSION ON AGING, IN COOPERATION WITH THE JOINT LEGISLATIVE COMMITTEE ON AGING AND THE DEPARTMENT OF INSURANCE, SHALL EVALUATE THE EFFECTS OF THIS ACT AND REPORT TO THE GENERAL ASSEMBLY.

Senator SALEEBY spoke on the Bill.

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

H. 3668 -- Rep. Lanford: A JOINT RESOLUTION TO REAUTHORIZE THE SOUTH CAROLINA CEMETERY BOARD FOR FIVE YEARS.

Read the first time and referred to the General Committee.

H. 3892 -- Rep. Gonzales: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE CHARLESTON SCHOOL DISTRICT AND THE MANNER IN WHICH THE ANNUAL TAX MILLAGE FOR THE DISTRICT IS DETERMINED, SO AS TO REVISE THIS PROCEDURE INCLUDING PROVISIONS AUTHORIZING A REFERENDUM FOR INCREASING THE MILLAGE CAP AND AUTHORIZING CHARLESTON COUNTY COUNCIL TO APPROVE A CHANGE IN THE ANNUAL MILLAGE CAP.

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

H. 4017 -- Rep. Keegan: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SEABANKS HOMEOWNERS ASSOCIATION, INC., IN HORRY COUNTY.

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

On motion of Senator LONG, H. 4017 was ordered to receive a second and third reading on the next two consecutive legislative days.

Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:

H. 3979 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PHYSICAL THERAPY EXAMINERS, RELATING TO EXEMPTIONS FROM LICENSURE; EXAMINATIONS, SCHEDULING AND GRADING; AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1380, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

S. 722 -- Senators Lourie, Land, Saleeby and Passailaigue: A BILL TO AMEND SECTION 40-59-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE CONTRACTORS INCLUDED AS RESIDENTIAL SPECIALTY CONTRACTORS FOR PURPOSES OF REGULATION BY THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION, SO AS TO PROVIDE THAT PEST CONTROLLERS ARE NOT CONSIDERED RESIDENTIAL SPECIALTY CONTRACTORS.

The House returned the Bill with amendments.

Senator SALEEBY explained the amendments.

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

S. 1027 -- Senators Courson, Giese, Lourie and Patterson: A CONCURRENT RESOLUTION TO EXPRESS SUPPORT FOR AND ENDORSEMENT OF THE COLUMBIA ORGANIZING COMMITTEE AND ITS EFFORTS TO ENSURE THAT THE CITY OF COLUMBIA PLAYS A PART IN AND MAKES A SIGNIFICANT CONTRIBUTION TO THE 1996 SUMMER OLYMPICS IN ATLANTA.

Returned with concurrence.

Received as information.

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

S. 1026 -- Senator Holland: A BILL TO AMEND ACT 1494 OF 1972, RELATING TO SPECIAL MAGISTRATES IN KERSHAW COUNTY, SO AS TO CHANGE THE NUMBER OF SPECIAL MAGISTRATES IN THAT COUNTY.

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

H. 3813 -- Reps. Wilkins, Hayes, Gentry, Clyborne and Baxley: 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.

Senator LAND 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 LAND spoke on the Bill.

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

H. 3513 -- Reps. Keegan, Sharpe, Corbett, M. Martin, Smith, D. Elliott, Littlejohn, Gonzales, Marchbanks, Beasley, Haskins, Rama, A. Young, Meacham and Bruce: A BILL TO AMEND SECTIONS 61-5-60 AND 61-9-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GROUNDS FOR SUSPENSION OR REVOCATION OR NONRENEWAL OF A LICENSE TO SELL ALCOHOLIC LIQUORS AND THE ACTS WHICH ARE PROHIBITED ON PREMISES LICENSED TO SELL BEER AND WINE, SO AS TO PROHIBIT BOTTOMLESS ENTERTAINMENT AT PREMISES LICENSED TO SELL ALCOHOLIC BEVERAGES AND BEER AND WINE.

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

Senator LONG explained the Bill.

Senator LONG proposed the following amendment (N05\7628.BD), which was adopted:

Amend the bill, as and if amended, by striking SECTIONS 1 and 2 and inserting:

/SECTION 1. Section 61-5-60 of the 1976 Code is amended by adding:

"(d) The applicant permits entertainment on the licensed premises where a person is in a state of undress so as to expose the human male or female genitals, pubic area, or buttocks cavity with less than a full opaque covering."

SECTION 2. Section 61-9-410(4) of the 1976 Code is amended to read:

"(4) permit any lewd, immoral, or improper entertainment, conduct, or practices. This includes, but is not limited to, entertainment, conduct, or practices where a person is in a state of undress so as to expose the human male or female genitals, pubic area, or buttocks cavity with less than a full opaque covering;"/

Amend title to conform.

Senator LONG explained the amendment.

Senator LONG proposed the following amendment (N05\7627.BD), which was adopted:

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

/SECTION . Section 61-5-20 of the 1976 Code is amended by adding an appropriately numbered item to read:

"( ) A business establishment located in a county which has a high concentration of tourism activity and where the local accommodations tax collections exceed one million, five hundred thousand dollars annually may elect to operate during the hours in item (3); however, the establishment may not reopen for business on Sunday as provided in that item. The notice of election must be sent to the commission upon application or within fifteen days after the effective date of this item and may be made only once during a license year."/

Renumber sections and items to conform.

Amend title to conform.

Senator LONG explained the amendment.

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

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

S. 1024 -- Senator Reese: A BILL TO AMEND ACT 908 OF 1964, RELATING TO THE NEW PROSPECT AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD OF FIRE CONTROL FOR THE DISTRICT.

On motion of Senator RUSSELL, S. 1024 was ordered to receive a third reading on Wednesday, June 5, 1991.

H. 3748 -- Reps. Sharpe, Smith and Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-617 SO AS TO AUTHORIZE PERMITTED DOMESTIC WINERIES TO SELL THEIR WINE AT RETAIL AND DELIVER.

Senator SHEALY 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 SHEALY explained the Bill.

Senator HINDS spoke on the Bill.

The Bill was read the second time, passed and ordered to a third reading.

H. 3134 -- Rep. McTeer: A BILL TO AMEND SECTIONS 9-1-1140 AND 9-11-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITED SERVICE FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND TO THE PROVISIONS ALLOWING MERCHANT MARINE SEAMEN AND CIVIL SERVICE CREW MEMBERS TO ESTABLISH CREDIT FOR CERTAIN SERVICE BETWEEN 1941 AND 1945, SO AS TO EXTEND THE EXPIRATION OF THAT PERIOD OF SERVICE TO 1947.

Senator J. VERNE SMITH 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 J. VERNE SMITH proposed the following amendment (CYY\18648.SD), which was adopted:

Amend the bill, as and if amended, by adding new sections to be appropriately numbered which shall read:

/SECTION ____. The sixth paragraph of Section 9-11-120 of the 1976 Code, as last amended by Act 412 of 1990, is further amended to read:

"Upon the death of a retired member on or after July 1, 1985, there must be paid to the designated beneficiary or beneficiaries, if living at the time of the retired member's death, otherwise to the retired member's estate, a death benefit of one two thousand dollars if the retired member had ten years of creditable service but less than twenty years, two three thousand dollars if the retired member had twenty years of creditable service, but less than thirty, and three four thousand dollars if the retired member had at least thirty years of creditable service at the time of retirement, provided the retired member's most recent employer prior to retirement is covered by the Group Life Insurance Program."

SECTION ____. Section 9-2-20(a) of the 1976 Code is amended to read:

"(a) The board shall consist of eight members appointed by the State Budget and Control Board and shall must be constituted as follows:

(1) one member representing municipal employees;

(2) one member representing county employees;

(3) three members representing State employees, one of whom shall must be retired and one of whom must be an active or retired law enforcement officer who is contributing to or receiving benefits from the Police Officers Retirement System. If this law enforcement member is retired, the other two members representing state employees do not have to be retired;

(4) two members representing public school teachers, one of whom shall must be retired;

(5) one member representing the higher education teachers. The Budget and Control Board shall invite the appropriate associations, groups and individuals to recommend persons to serve on the board."

SECTION ____. The three present members of the South Carolina Retirement and Preretirement Advisory Board representing state employees, as provided by Section 9-2-20(a)(3) of the 1976 Code, shall continue to serve their current terms of office. When the first of these three members' terms expires after the effective date of this act, his successor so appointed must be the active or retired law enforcement officer required by Section 9-2-20(a)(3) as amended by this act./

Renumber sections to conform.

Amend title to conform.

Senator J. VERNE SMITH explained the amendment.

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

On motion of Senator J. VERNE SMITH, H. 3134 was ordered to receive a third reading on Wednesday, June 5, 1991.

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.

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

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

The amendment proposed by the Committee on Banking and Insurance (BIN3320.01) was adopted as follows:

Amend the bill, as and if amended, in Section 38-43-106(F) as contained in SECTION 2 of the Bill, by striking subsection (F) in its entirety and inserting:

/ "(F) Insurance agents licensed solely for credit life or credit accident and health insurance, credit property insurance, crop hail insurance, automobile physical damage insurance, mortgage guaranty, or mortgage, title, travel accident and baggage, or the federal crop insurance, are exempt from the provisions of this section. Insurance agents licensed solely for domestic insurance companies which have less than one million dollars in written premiums in any calendar year are exempt from the provisions of this section. Licensed special agents, or any or all of them, the commissioner by regulation shall specify, are exempt from the provisions of this section.

Amend title to conform.

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

On motion of Senator SALEEBY, H. 3320 was ordered to receive a third reading on Wednesday, June 5, 1991.

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

Senator LEVENTIS asked unanimous consent to take the Concurrent Resolution up for immediate consideration.

Senator LEVENTIS spoke on the Concurrent Resolution.

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

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 consideration of the Bill. The question being the adoption of Amendment No. 1 (N05\7609.AL) proposed by Senators LAND, SHEALY and MARTSCHINK:

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 LEATHERMAN spoke on the amendment.

Senator FIELDING asked unanimous consent, with Senator LEATHERMAN retaining the floor, that the Senate recede from business until 3:00 P.M.

Senator HINSON objected.

Senator LEATHERMAN continued speaking on the amendment.

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

Pursuant to action taken by the Senate when meeting in Executive Session on May 29, 1991, the appointments made by the Governor and confirmed by the Senate were ordered published in the Journal, to wit:

Appointments, Members, Pickens County Magistrates, with terms to expire on April 30, 1991:

Initial Appointment under Act 678 of 1988:

Mr. John B. Robinson, Jr., Pickens County Law Enforcement Center, Suite 216, Pickens, South Carolina 29671

Mr. James Edward King, 268 Piney Trail, Liberty, South Carolina 29657 VICE Mr. Roger Crowe (Deceased)

At 1:45 P.M., on motion of Senator LAND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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