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 first two verses of the Holy Scriptures (Genesis 1:1-2 NIV):
"In the beginning God created the heavens and the earth. Now the earth was formless and empty, darkness was over the surface of the deep, and the Spirit of God was hovering over the waters. And God said, `Let there be light', and there was light."
Let us pray.
Lord God of Creation... and our God... as You brooded over the face of the waters at the dawn of creation, so continue to hover over us even in these latter days!

As the wind-down begins for this session of our General Assembly, we pray that You will show us the larger frame of our existence.
Help us to view our fevered labors on the grand stage of history... lest we take ourselves too seriously.

So, the burden of our morning prayer is that the God who at the dawn of creation said "Let there be light", give us light for today.

Amen.

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

June 5, 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, Laurens County Magistrates, with terms to expire on April 30, 1995:

Initial Appointment under Act 678 of 1988:

Mr. Oscar Tribble, Route 4, Box 2069, Laurens, South Carolina 29360

Ms. Glynda L Tucker, Route 3, Gray Court, South Carolina 29645

Ms. Betty W. Satterfield, P.O. Box 38, Laurens, South Carolina 29360

Mr. James R. Braswell, 211 Caldwell Street, Clinton, South Carolina 29325

Mr. James A. Davis, P.O. Box 925, Laurens, South Carolina 29360

Mr. James M. Copeland, Renno Road, Clinton, South Carolina 29325

May 27, 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, Edgefield County Magistrate, with term, to expire on April 30, 1994:

Initial Appointment under Act 678 of 1988:

Mr. James H. Maxwell, 410 Columbia Road, Edgefield, South Carolina 29824

May 31, 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, Horry County Magistrates, with terms to expire on April 30, 1995:

Initial Appointment under Act 678 of 1988:

Mr. J. Archie Lee, 1316 First Avenue, Conway, South Carolina 29526

Mr. Kenneth Olen Ward, P.O. Box 237, Aynor, South Carolina 29511

Mr. Ben P. Harrelson, P.O. Box 153, Green Sea, South Carolina 29545

Mr. Dennis Earl Phipps, Route 3, Box 327, Loris, South Carolina 29569

Mr. Harry Davis McDowell, 3817 Walnut Street, Loris, South Carolina 29569

Mr. Charles Bernard Johnson, 944 Hwy. 90, Conway, South Carolina 29527

Ms. Margie B. Livington, 1709 Horry Street, P.O. Box 1402, Conway, South Carolina 29527

Ms. Corolyn R. Hills, 402 Wild Ginger Street, Myrtle Beach, South Carolina 29577

Mr. Gerald T. Whitley, Jr., 1203 Belle Drive, North Myrtle Beach, South Carolina 29582

Mr. Tillmond E. Williams, 3880 Tillmond Drive, Conway, South Carolina 29526

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

Document No. 1390
Promulgated By Environmental Certification Board Chapter No. 23
Certified Well Drillers, Biological Wastewater Treatment Plant Operators, Physical/Chemical Wastewater Treatment Plant Operators and Water Treatment Plant Operators
Received By Lt. Governor June 4, 1991
Referred to Senate Committee on Medical Affairs
120 day expiration date October 2, 1991

Columbia, S.C., June 5, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on the following Bill:
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.
Very respectfully,
Speaker of the House

Received as information.

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.

On motion of Senator MARTSCHINK, with unanimous consent, the Conference Committee Report (N05\7635.BD) on S.237 was adopted as follows:

The COMMITTEE OF CONFERENCE, to whom was referred:
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.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the bill pass amended by striking all after the enacting words and inserting:

/SECTION 1. Section 5-7-150 of the 1976 Code is amended to read:

"Section 5-7-150. Every coastal municipality shall have has criminal jurisdiction over piers and other structures and the waters of the ocean, a sound, or an inlet within one mile of those portions of the strand within the municipal corporate limits. The corporate limits of the municipality shall be are extended in a straight line from the strand into the ocean, inlet, or sound from the point where the municipal corporate limits of the municipality reach the high-water mark of the strand. If an extension overlaps with the criminal jurisdiction of another political subdivision, the jurisdiction of each political subdivision extends to the equidistant point from the highwater mark of each strand."

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

/s/Sherry Martschink /s/D. N. Holt, Jr.
/s/Douglas L. Hinds /s/Thomas G. Keegan
/s/Ernie Passailaigue /s/Sandra S. Wofford

On Part Of The Senate. On Part Of The House.

The Bill was enrolled for Ratification and a message was sent to the House accordingly.

Columbia, S.C., May 27, 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. 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.
Very respectfully,
Speaker of the House

On motion of Senator STILWELL, the Senate insisted upon its amendments to the Bill and asked for a Committee of Conference. Whereupon, the PRESIDENT appointed Senators STILWELL, MITCHELL and BRYAN of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.

At 11:20 A.M., on motion of Senator WILLIAMS, the Senate receded from business not to exceed fifteen minutes. At 12:07 P.M., the Senate resumed.

H. 3723 -- Reps. Burriss and Corning: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 81 SO AS TO ENACT THE "SOUTH CAROLINA INTERIOR DESIGNERS ACT", INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, REGULATIONS, PENALTIES, AND FEES.

On motion of Senator HOLLAND, with unanimous consent, the Bill was recalled from the General Committee.

On motion of Senator HOLLAND, with unanimous consent, the Bill was referred to the Committee on Labor, Commerce and Industry.

On motion of Senator J. VERNE SMITH, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.

Columbia, S.C., June 5, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has returned the message on ruling by the Chair that such action would require a Concurrent Resolution:
S. 935 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-57-45 SO AS TO PROVIDE REQUIREMENTS FOR SOLICITATION MATERIAL BY INSURANCE AGENCIES, INSURERS, AND HEALTH MAINTENANCE ORGANIZATIONS.
Very respectfully,
Speaker of the House

Received as information.

S. 1033 -- Senator Mitchell: A CONCURRENT RESOLUTION TO WELCOME THE SOUTH ATLANTIC REGIONAL CONFERENCE OF DELTA SIGMA THETA SORORITY TO GREENVILLE, SOUTH CAROLINA AND WISH IT SUCCESS IN ITS PROGRAMS TO PROVIDE SERVICES AND PROMOTE HUMAN WELFARE.

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

S. 1034 -- Senator Fielding: A CONCURRENT RESOLUTION TO RESCIND THE RATIFICATION OF S.935

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

That the ratification of S.935 performed by the House and Senate on Monday, May 27, 1991, is hereby rescinded.

Senator SALEEBY spoke on the Concurrent Resolution.

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

S. 1035 -- Senator Pope: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS AND ADMIRERS OF JUDGE WALTER THOMAS LAKE OF NEWBERRY.

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

S. 1036 -- Senator Williams: A CONCURRENT RESOLUTION TO EXPRESS THE INTENT OF THE GENERAL ASSEMBLY THAT IF THE GOVERNOR ACTS TO CONVENE AN EXTRAORDINARY SESSION OF THE GENERAL ASSEMBLY AS PROVIDED UNDER SECTION 19 OF ARTICLE IV OF THE SOUTH CAROLINA CONSTITUTION, THE MEMBERS OF THE GENERAL ASSEMBLY WOULD RECEIVE NO PER DIEM BUT WOULD BE ELIGIBLE TO RECEIVE SAME SUBSISTENCE AND MILEAGE AS PROVIDED FOR REGULAR SESSIONS OF THE GENERAL ASSEMBLY

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

It is the intent and agreement of the General Assembly that if the Governor convenes an extraordinary session of the General Assembly, the membership of the Senate and House agree and affirm that no member shall receive per diem but shall be eligible to receive the same subsistence and mileage as provided for regular sessions of the General Assembly.

Senator WILLIAMS asked unanimous consent that the Concurrent Resolution go without reference.

Senator THOMAS objected.

Referred to the Committee on Finance.

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.

Returned with concurrence.

Received as information.

S. 918 -- Senators Fielding, Passailaigue, McConnell, Washington, Martschink and Rose: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE OVER THE ASHLEY RIVER WHICH IS PART OF THE MARK CLARK EXPRESSWAY IN CHARLESTON AS THE GENERAL WILLIAM C. WESTMORELAND BRIDGE.

Returned with concurrence.

Received as information.

S. 1008 -- Senators Lourie, Patterson, Courson and Giese: A CONCURRENT RESOLUTION TO NAME THE INTERCHANGE AT THE SOUTHEASTERN BELTWAY AND FORT JACKSON BOULEVARD IN RICHLAND COUNTY THE "HYMAN RUBIN INTERCHANGE" AND TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT BOTH ENDS OF THE INTERCHANGE ON WHICH THE NAME IS CLEARLY INDICATED.

Returned with concurrence.

Received as information.

S. 1028 -- Senators Martschink, Washington, McConnell, Fielding and Passailaigue: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO WELCOME THE RYDER CUP MATCHES TO THE UNITED STATES, AND TO EXTEND APPRECIATION TO THE PGA OF AMERICA FOR HAVING SELECTED KIAWAH ISLAND, SOUTH CAROLINA, AS THE SITE FOR THE PRESTIGIOUS 1991 RYDER CUP MATCHES.

Returned with concurrence.

Received as information.

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title thereof be changed to that of an Act and same enrolled for Ratification:

H. 3514 -- Reps. Kirsh, Meacham, Foster and Hayes: A BILL TO AMEND SECTION 50-11-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO REVISE THE AREA OF ONE OF THE SANCTUARIES IN YORK COUNTY.

On motion of Senator HAYES, with unanimous consent.

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

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.

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

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.

(By prior motion of Senator J. VERNE SMITH, with unanimous consent)

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

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

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

On motion of Senator WADDELL, with unanimous consent, the report of the Committee of Free Conference to H. 3650 was adopted.

Senators WADDELL, DRUMMOND, SETZLER, PASSAILAIGUE and HOLLAND spoke on the report.

A message was sent to the House accordingly.

Senators PASSAILAIGUE, McCONNELL, WASHINGTON and ROSE desired to be recorded as voting against the adoption of the Report of the Committee of Free Conference.

The 1991-92 Appropriations Bill is generally a very sound, fiscally prudent approach by the Legislature to address the budgetary requirements of the State of South Carolina. The Act, however, continues the dangerous process of passing major new retroactive tax increases in the proviso section. Further, the measure calls for a 25% increase for every Palmetto State citizen to take the family to a movie or play a round of golf. Finally, the Bill continues to violate a constitutional prohibition against borrowing money to pay operating expenses.

Specifics of the retroactive tax increases in Part II of the Bill are as follows:

Section # Description 91-92 Tax Increase

# 3 Repeal Multiple $ 2,000,000

Retirement Exclusion

# 6 Repeal 1987 Tax Credit 5,600,000

# 8 Tax Conformity 3,900,000

Total Retroactive 91-92 Tax Increases $11,500,000

Add the $900,000 admissions tax measure in Section 9 to the total new taxes passed along to our citizens in this year's budget and it equals the whopping sum of $12,400,000!

Especially troubling is the continued use of the budget proviso section to pass tax conformity. Evidence the 1990-91 Appropriations Bill which adopted the 1989 federal tax conformity. This provision amounted to a $53,707,599 "back-door" tax increase for the period 1990-94. This type of tax policy has placed our State with the dubious honor of ranking #7 nationally in state individual tax collections per $1,000 in personal income, according to the research group, The Tax Foundation.

The "rollover" of $31,350,000 of illegal borrowing in the current year is another attempt to circumvent the constitutional mandates of both a balanced budget and the prohibition of borrowing money to pay operating expenses of state government (Section 11-11-430(A)).

Reluctantly, I must vote against the bill because of the tens of millions of dollars in tax increases in this recessionary period and the clear violation of the State Constitution. I also call upon the Governor to honor his commitment to line item veto these new tax increases and strike any provision which is clearly unconstitutional.

I voted against free conference powers on the appropriation bill because of the apparent lack of ability of the General Assembly to think and plan beyond the year in which we make appropriations. We continuously enact legislation requiring additional expenses and new programs that are to begin in future years. Additionally, we continually turn down proposals that would bring millions into the state treasury such as the referendum for a lottery and pari-mutuel betting. I feel that it is time to accept the political losses that would result from moralists who want to dictate to others how they should manage their lives and give some measure of liberty to the people and at the same time enhance our financial status.

Senator McCONNELL moved that the Senate proceed directly to the Motion Period.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

Pursuant to the provisions of a motion under Rule 44 noted in the Journal of Tuesday, June 4, 1991, Senator McCONNELL moved that the following portion of Rule 23 be suspended exclusively for the purpose of consideration of reapportionment matters until Sine Die adjournment:
All Bills or Joint Resolutions when first read shall be referred to the appropriate committees. After the expiration of five legislative days from the date of reference, any Bill, or Joint or Concurrent Resolution, except the General Appropriation Bill may be recalled from any committee by a majority vote of the Senators present; before the expiration of five days from the date of reference, any Bill, or Joint or Concurrent Resolution may be recalled from committee by a vote of three-fourths of the Senators present.

Senator McCONNELL spoke on the motion.

Senator SHEALY made a Parliamentary Inquiry as to whether or not the suspension of a rule could be made applicable to only one item.

Senator McCONNELL spoke on the Parliamentary Inquiry.

The PRESIDENT stated that under the provisions of the motion, the suspension of a rule could be made applicable to only one item.

The question then was the motion to suspend the portion of Rule 23.

Senator THOMAS raised a Point of Order that under Rule 11, the motion must be reduced to writing, delivered to the desk, and published.

Senator McCONNELL spoke on the Point of Order and stated that the request to have the motion reduced to writing would not cause the mover of the motion to lose the floor.

The PRESIDENT sustained the Point of Order raised by Senator THOMAS.

Pursuant to the provisions of a motion under Rule 44 noted in the Journal of Tuesday, June 4, 1991, Senator McCONNELL moved that Rule 38 be suspended only until Sine Die adjournment.

Senator McCONNELL spoke on the motion.

The Senate agreed to suspend Rule 38 until Sine Die adjournment.

Pursuant to the provisions of a motion under Rule 44 noted in the Journal of Tuesday, June 4, 1991, Senator McCONNELL moved that Rule 40 be suspended only until Sine Die adjournment.

Senator McCONNELL spoke on the motion.

The Senate agreed to suspend Rule 40 until Sine Die adjournment.

Pursuant to the provisions of a motion under Rule 44 noted in the Journal of Tuesday, June 4, 1991, Senator McCONNELL moved that the following sentence in Rule 1 be suspended only until Sine Die adjournment:

"The Senate shall stand adjourned Saturday through Monday unless otherwise ordered by a majority vote of the members present in statewide session."

Senator McCONNELL, with unanimous consent, moved to amend the motion to suspend Rule 1 in its entirety stating that this would mean that the Senate as a body would have to affirmatively determine daily when the Senate would convene.

There was no objection.

Senator McCONNELL spoke on the motion.

The Senate agreed to suspend Rule 1 in its entirety until Sine Die adjournment.

Pursuant to the provisions of a motion under Rule 44 noted in the Journal of Tuesday, June 4, 1991, and in conjunction with the Point of Order raised by Senator THOMAS that the motion be reduced to writing, Senator McCONNELL moved that the following portion of Rule 23 be suspended to consider reapportionment matters exclusively only until Sine Die adjournment:
All Bills or Joint Resolutions when first read shall be referred to the appropriate committees. After the expiration of five legislative days from the date of reference, any Bill, or Joint or Concurrent Resolution, except the General Appropriation Bill may be recalled from any committee by a majority vote of the Senators present; before the expiration of five days from the date of reference, any Bill, or Joint or Concurrent Resolution may be recalled from committee by a vote of three-fourths of the Senators present.

Senator McCONNELL spoke on the motion.

The Senate agreed to suspend a portion of Rule 23 until Sine Die adjournment.

Senator NELL W. SMITH moved that the rules of the Senate be amended by adding (JUD3025.TLM):

(A) The Senate hereby finds and declares that public office and public employment is a public trust; that any effort to realize personal gain through official responsibility is a violation of that trust; that the proper operation of democratic government requires a member, officer, or employee of the Senate to be independent and impartial; that government policy and decisions need to be made through the established processes of government; that a member, officer, or employee of the Senate not use public service to obtain private benefits; that it is essential that a member, officer, or employee of the Senate avoid action which creates the appearance of using public service to obtain a benefit; and that it is essential that the general public have confidence in the integrity of its government. To accomplish the purposes hereinabove enumerated, the Senate has adopted this rule.

(B) As used in this rule:

(1)(a) "Anything of value" or "thing of value"
means:

(i) a pecuniary item, including money, a bank bill, or a bank note;

(ii) a promissory note, bill of exchange, order, draft, warrant, check, or bond given for the payment of money;

(iii) a contract, agreement, promise, or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money;

(iv) a stock, bond, note, or other investment interest in an entity;

(v) a receipt given for the payment of money or other property;

(vi) a chose-in-action;

(vii) a gift, tangible good, chattel, or an interest in a gift, tangible good, or chattel;

(viii) a loan or forgiveness of indebtedness;

(ix) a work of art, antique, or collectible;

(x) an automobile or other means of personal transportation;

(xi) real property or an interest in real property, including title to realty, a fee simple or partial interest in realty including present, future, contingent, or vested interests in realty, a leasehold interest, or other beneficial interest in realty;

(xii) an honorarium or compensation for services;

(xiii) a promise or offer of employment;

(xiv) any other item that is of pecuniary or compensatory worth to a person.

(b) "Anything of value" or "thing of value" does not mean:

(i) a campaign contribution properly received and reported under law;

(ii) printed informational or promotional material, not to exceed ten dollars in monetary value;

(iii) items of nominal value, not to exceed ten dollars, containing or displaying promotional material;

(iv) a personalized plaque or trophy with a value that does not exceed one hundred fifty dollars;

(v) educational material of a nominal value directly related to the member's, officer's, or employee's official responsibilities;

(vi) an honorary degree bestowed upon a member, officer, or employee of the Senate from a public or private university or college; or

(vii) promotional or marketing items offered to the general public on the same terms and conditions without regard to status as a member, officer, or employee of the Senate.

(2) "Business" means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, and self-employed individual.

(3) "Business with which he is associated" means:

(a) any business of which the member, officer, or employee of the Senate or a member of the member's, officer's, or employee's immediate family is a director, officer, employee, or general or limited partner;

(b) any business which the member, officer, or employee of the Senate or a member of the member's, officer's, or employee's immediate family owns, has an investment interest, or has a beneficial interest in shares of stock which constitute more than five percent of the issued and outstanding shares or interests in the business and are worth more than one hundred thousand dollars; or

(c) any business of which the member, officer, or employee of the Senate or a member of the member's, officer's, or employee's immediate family serves as a compensated agent.

(4) "Charitable organization" means an organization described in Title 26, Section 170(c) of the United States Code as it currently exists or as it may be amended.

(5) "Civic organization" means a community-based company, club, committee, association, corporation, or any other organization or group of persons acting in concert which is composed of persons who are members thereof on a voluntary basis and which is primarily established to further educational, charitable, religious, cultural, or local economic development purposes. Civic organization does not include a person registered under the provisions of Chapter 17 of Title 2.

(6)(a) "Compensation" includes:

(i) an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money or anything of value; or

(ii) a contract, agreement, promise, or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money or anything of value for services rendered or to be rendered.

(b) "Compensation" does not include reimbursement of expenses if:

(i) the reimbursement does not exceed the amount actually expended for the expenses; and

(ii) the reimbursement is substantiated by an itemization of expenses.

(7)(a) "Economic interest" means an interest distinct from that of the general public in a purchase, sale, lease, contract, option, or other transaction or arrangement involving property or services in which a member, officer, or employee of the Senate may gain an economic benefit of fifty dollars or more.

(b) This definition does not prohibit a member, officer, or employee of the Senate from participating in, voting on, or influencing or attempting to influence an official decision if the only economic interest or reasonably foreseeable benefit that may accrue to the member, officer, or employee is incidental to the member's, officer's, or employee's position or which accrues to the member, officer, or employee as a member of a profession, occupation, or large class, to no greater extent than the economic interest or potential benefit could reasonably be foreseen to accrue to all other members of the profession, occupation, or large class.

(8)(a) "Gift" means anything of value, other than a campaign contribution, properly received and reported under law, to the extent that consideration of equal or greater value is not given in exchange.

(b) "Gift" does not include the following:

(i) a gift that is not used and is returned to the donor or delivered to a charitable organization, no later than thirty days after receipt, and is not claimed as a charitable contribution for federal income tax purposes; or

(ii) a gift, devise, or inheritance from an individual's spouse, child, parent, grandparent, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first cousin, or the spouse of a child, parent, grandparent, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin if the donor is not acting as the agent or intermediary for someone other than a person covered by this subitem.

(9) "Immediate family" means:

(a) any child residing in a member's, officer's, or employee's household;

(b) a spouse of a member, officer, or employee; or

(c) an individual claimed by the member, officer, or employee, or the member's, officer's, or employee's spouse as a dependent for income tax purposes.

(10) "Individual" means one human being.

(11) "Individual with whom he is associated" means any individual with whom the member, officer, or employee of the Senate or an individual from the member's, officer's, or employee's immediate family mutually has an interest in:

(a) any business of which the member, officer, or employee of the Senate or a member of the member's, officer's, or employee's immediate family is a director, officer, employee, or general or limited partner;

(b) any business which the member, officer, or employee of the Senate or a member of the member's, officer's, or employee's immediate family owns, has an investment interest, or has a beneficial interest in shares of stock which constitute more than five percent of the issued and outstanding shares or interests in the business and are worth more than one hundred thousand dollars; or

(c) any business of which the member, officer, or employee of the Senate or a member of the member's, officer's, or employee's immediate family serves as a compensated agent.

(12) "Official responsibility" means the direct administrative or operating authority, whether intermediate or final and whether exercisable personally or through subordinates, to approve, disapprove, or otherwise direct government action.

(13) "Person" means an individual, proprietorship, firm, partnership, joint venture, joint stock company, syndicate, business trust, estate, company, club, organization, committee, association, corporation, labor organization, and any other organization or group of persons acting in concert.

(14) "Remuneration" means payment in the form of a wage, salary, or other goods or services.

(15) "Represent" or "representation" means making an appearance, whether gratuitous or for compensation, before a state agency, office, department, division, bureau, board, commission, or council, including the General Assembly, or before a local or regional government office, department, division, bureau, board, or commission.

(C) A member, officer, or employee of the Senate shall not knowingly solicit or receive anything of value in addition to that received by the member, officer, or employee in his official capacity for advice or assistance given in the course of his service as a member, officer, or employee.

(D) A member, officer, or employee of the Senate shall not knowingly receive, accept, take, seek, or solicit anything of value which he knows to be given, offered, or promised with the intent to:

(1) influence an act within the member's, officer's, or employee's official responsibility;

(2) influence the member, officer, or employee to commit, aid in committing, collude in, or allow fraud on a governmental entity; or

(3) induce the member, officer, or employee to perform or fail to perform an act in violation of the member's, officer's or employee's official responsibility.

(E) A member, officer, or employee of the Senate shall not knowingly receive, accept, take, seek, or solicit anything of value as a gift from:

(1) a person, if there is reason to believe the donor would not give the gift but for the member's, officer's, or employee's office or position;

(2) a person, or from an officer or director of the person, if the member, officer, or employee of the Senate has reason to believe the person:

(a) has or is seeking to obtain contractual or other business or economic relationships within the member's, officer's, or employee's official responsibility; or

(b) conducts operations or activities which are within the member's, officer's, or employee's area of official responsibility.

(F)(1) The provisions of subsection (E) prohibiting a member, officer, or employee of the Senate from knowingly receiving, accepting, taking, seeking, or soliciting anything of value shall not apply to a member, officer, or employee of the Senate receiving, accepting, or taking anything of value from a civic organization if the value of the thing of value does not exceed twenty-five dollars and the civic organization giving the thing of value does not give things of value to the member, officer, or employee of the Senate exceeding two hundred dollars in value in a calendar year.

(2) Provided however, this exception to subsection (E) shall not supersede any of the provisions of Rule 45.3.

(G) Unless the use is required by law, a member, officer, or employee of the Senate shall not knowingly use public funds, time, personnel, facilities, or equipment for:

(1) his personal remuneration;

(2) the personal remuneration of an individual with whom he is associated; or

(3) the personal remuneration of a business with which he is associated.

(H) A member, officer, or employee shall not knowingly perform a function within the member's, officer's, or employee's official responsibility which requires the exercise of discretion if the member, officer, or employee or a member of his immediate family, an individual with whom he is associated, or a business with which he is associated has an economic interest in such function.

(I)(1) A member or officer of the Senate shall not knowingly represent another person in any proceeding before a governmental entity, except:

(a) as required by law;

(b) before a court under the unified judicial system; or

(c) in any contested case, as defined in Section 1-23-310, excluding a contested case for any rate or price fixing matter before the South Carolina Public Service Commission or South Carolina Insurance Commission; any agency's quasi-judicial consideration of a matter, excluding a case for any rate or price fixing matter before the South Carolina Public Service Commission or South Carolina Insurance Commission; or in any agency's consideration of the drafting and promulgation of regulations under Chapter 23 of Title 1 in a public hearing.

(2) The restrictions as set forth in item (1) of this subsection do not apply to the following:

(a) purely ministerial matters which do not require discretion on the part of the governmental entity before which the member or officer is appearing;

(b) representation by a member or officer in the course of the member's or officer's official duties;

(c) representation by the member or officer in matters relating to the member's or officer's personal affairs or the personal affairs of the member's or officer's immediate family.

(J) A member or officer of the Senate, when representing a client for compensation as permitted by subitem (I)(1)(c), shall disclose a listing of fees earned, services rendered, names of persons represented, and the nature of contacts made with the governmental entities to the Ethics Committee, which shall maintain a public record of such disclosures.

(K) If a member of the Senate, an individual with whom he is associated, or a business with which he is associated has represented any client before a particular agency or commission as permitted by subitem (I)(1)(c) within the preceding twelve months, then the member may not vote on the section of the general appropriation bill relating to the particular agency or commission. This subsection does not prohibit a member from voting on other sections of the general appropriation bill or from voting on the entire general appropriation bill as a whole.

(L) Notwithstanding any other provision of law, if a member of the Senate, an individual with whom he is associated, or a business with which he is associated has represented within the preceding twelve months any 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 Senate or the General Assembly, then the member may not vote in the election, appointment, recommendation, or confirmation of a member of the governing body of that agency, commission, board, department, or other entity.

(M) The provisions of subsections (K) and (L) of this rule do not apply to any court in the unified judicial system.

(N) Whenever it is required by law for a member of the Senate 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 Senate, the provisions of subsections (K) and (L) do not apply.

(O) Nothing in this rule prevents a member or officer of the Senate from communicating, in writing, with a board or commission member or employee, on behalf of a constituent relating to delays in obtaining a hearing, discourteous treatment, scheduling, or other matters not affecting the outcome of pending matters, provided that the member or officer of the Senate, an individual with whom he is associated, or a business with which he is associated is not representing the constituent for compensation.

(P) Nothing in this rule prevents a member, officer, or employee of the Senate or a member of his immediate family from being awarded an award, grant, or scholarship, or negatively reflects on a member, officer, or employee of the Senate because of any award, grant, or scholarship awarded to the member, officer, or employee of the Senate or a member of his immediate family on a competitive, objective basis if the member, officer, or employee of the Senate has not wilfully contacted any person involved in the selection of the recipient, on behalf of the recipient, prior to the award.

(Q) The provisions of this rule (Rule 45.2) shall cease to be of effect upon passage of H. 3743 of 1991 or any similar statewide legislation.

(A) As used in this rule, unless the context clearly indicates otherwise:

(1) `Expenditure' means the transfer or promise of any consideration, whether or not legally enforceable.

(2) `Family member' means an individual who is the spouse, parent, brother, sister, child, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, or grandchild.

(3) `Legislation' means (a) bills, resolutions, amendments, reports, legislative acts, vetoes, nominations, rules, and regulations pending or proposed in the Senate, (b) any other matter which may be the subject of action by the Senate, and (c) the appointment of committees of conference and free conference by the President of the Senate.

(4) `Lobbying' means promoting or opposing through direct communication with public officials or public employees: (a) the introduction or enactment of legislation before the General Assembly or the committees or members of the General Assembly, or (b) consideration of the election or appointment of an individual to a public office elected or appointed by the General Assembly. The provisions of this item shall not apply to a member of the General Assembly acting in his capacity as a member of the General Assembly with regard to his public duties.

(5) `Lobbyist' means any person who is employed, appointed, or retained, with or without compensation, by another person to influence by direct communication with public officials or public employees the action or vote of any member of the General Assembly concerning any legislation. `Lobbyist' also means any person who is employed, appointed, or retained, with or without compensation, by a state agency, college, university, or other institution of higher learning to influence by direct communication with public officials or public employees the action or vote of any member of the General Assembly concerning any legislation. `Lobbyist' does not include:

(a) an individual who receives no compensation to engage in lobbying and who expresses a personal opinion on legislation to any public official or public employee;

(b) a person who appears only before public sessions of committees of the General Assembly, public hearings of state agencies, public hearings before any public body of a quasi-judicial nature, or proceedings of any court of this State;

(c) any duly elected or appointed official or employee of the State, the United States, a county, municipality, school district, or political subdivision thereof when appearing solely on matters pertaining to his office and public duties unless lobbying constitutes a regular and substantial portion of such official's or employee's duties;

(d) a person performing professional services in drafting legislation or in advising and rendering opinions to clients as to the construction and effect of proposed or pending legislation;

(e) a person who owns, publishes, or is employed by a radio station, television station, wire service, or other bona fide news medium which in the ordinary course of business disseminates news, editorials, columns, other comments, or other regularly published periodicals if such person represents no other person in lobbying for legislation, and discloses all tax benefits presently enjoyed or that would accrue to the owner or owners of these news media as a result of the legislation. This exception applies to the publication of any periodical which is published and distributed by a membership organization to its subscribers at least twelve times annually and for which an annual subscription charge of at least one dollar fifty cents a subscriber is made;

(f) a person who represents any established church solely for the purpose of protecting the rights of the membership of the church or for the purpose of protecting the doctrines of the church or on matters considered to have an adverse effect upon the moral welfare of the membership of the church;

(g) a person who is running for office elected by the General Assembly or a person soliciting votes on the behalf of a person who is running for office elected by the General Assembly unless such person is otherwise defined as a lobbyist by this rule;

(h) an individual who spends no more than five percent of his time engaged in lobbying and who is paid no separate or additional compensation to lobby and who expends less than five hundred dollars for lobbying in a calendar year.

(6) `Lobbyist's principal' means (a) the person on whose behalf and for whose benefit the lobbyist engages in lobbying; (b) the person who directly employs, appoints, or retains a lobbyist to engage in lobbying; and (c) the person who directly authorizes the lobbyist's lobbying. If a membership association or organization is a lobbyist's principal, the association or organization is considered to be a lobbyist's principal under the provisions of this rule. An individual member of a membership association or organization is not considered to be a lobbyist's principal under the provisions of this rule.

(7) `Person' means an individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons.

(8) `Public employee' means any person employed by the State, including applicants for state employment.

(9) `Public official' means any elected or appointed official of the State, including candidates for any such state office.

(B) A member, officer, or employee of the Senate shall not solicit or receive from a lobbyist, a lobbyist's principal, or a person acting on behalf of a lobbyist or a lobbyist's principal any of the following:

(1) lodging;

(2) transportation;

(3) entertainment;

(4) food, meals, beverages, money, or any other thing of pecuniary value.

(C) Subsections (B)(1), (B)(2), and (B)(4) of this rule do not apply to the acceptance of emergency assistance given gratuitously and in good faith by a lobbyist, a lobbyist's principal, or any person acting on behalf of a lobbyist or a lobbyist's principal to any member, officer, or employee of the Senate.

(D) Subsection (B) of this rule does not apply to anything of value given to a family member for love and affection.

(E) Subsection (B) of this rule does not apply to the acceptance of lodging, transportation, entertainment, food, meals, beverages, or any other thing of pecuniary value which is furnished on the same terms or at the same expense to a member of the general public without regard to status as a public official or public employee.

(F) A member, officer, or employee of the Senate shall not knowingly receive, accept, take, seek, or solicit an honorarium from a lobbyist, a lobbyist's principal, or a person acting on behalf of a lobbyist or a lobbyist's principal.

(G) A member, officer, or employee of the Senate shall not knowingly receive, accept, take, seek, or solicit a retainer from a lobbyist, a lobbyist's principal, or a person acting on behalf of a lobbyist or a lobbyist's principal.

(H) A member of the Senate shall not solicit or receive a campaign contribution from a lobbyist or a person acting on behalf of a lobbyist.

(I) If a member of the Senate receives a campaign contribution from a lobbyist's principal or a person acting on his behalf, the member must report the contribution to the Ethics Committee within thirty days of receipt of the campaign contribution.

(J) The provisions of this rule (Rule 45.3) shall cease to be of effect upon passage of H. 3743 of 1991 or any similar statewide legislation.

Senator MOORE was recognized to speak on the motion.

Senator SHEALY raised a Point of Order that the motion to amend the rules was out of order inasmuch as only a motion to suspend the rules under Rule 44 was noted in the Journal.

Senator McCONNELL spoke on the Point of Order.

The PRESIDENT overruled the Point of Order and stated that under Rule 44, only the provision to suspend requires that it be noted.

Senator MOORE continued to speak on the motion.

Senator McCONNELL asked unanimous consent to make a motion that when agreement was reached by the conferees on the Sine Die adjournment resolution, that it be the uninterrupted business of the Senate to the exclusion of all other matters.

There was no objection.

Senator MOORE spoke on the motion.

Senator SHEALY spoke on the motion.

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

At 2:25 P.M., on motion of Senator BRYAN, the Senate receded from business until 3:30 P.M.

The Senate reassembled at 3:42 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 Carmichael Drummond
Fielding Giese Gilbert
Hayes Helmly Hinds
Hinson Holland Land
Leatherman Leventis Long
Lourie Macaulay 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.

On motion of Senator HINDS, with unanimous consent, the Senate agreed to proceed to a consideration of the matters in the box and then proceed to a call of the statewide uncontested Calendar, with Senator SHEALY retaining the floor when the Senate next considers the motion by Senator NELL W. SMITH to amend the rules.

June 4, 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 Development Board, with term to expire on May 21, 1996:

16th Judicial Circuit:

Mr. Robert O. Williams, 201 Oak Street, York, South Carolina 29745 VICE Louis Jordan

Referred to the Committee on Labor, Commerce and Industry.

H. 3935 -- Rep. Rhoad: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF EHRHARDT CEMETERY COMPANY IN BAMBERG COUNTY.

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

On motion of Senator MATTHEWS, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading.

On motion of Senator MATTHEWS, H.3935 was ordered to receive a third reading on Thursday, June 6, 1991.

Columbia, S.C., June 4, 1991

Mr. President and Senators:

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

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

Mr. Olin Burgdorf, P.O. Box 145, Springfield, South Carolina, 29146
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 4,, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Huff, Corning and McElveen of the Committee of Free Conference on the part of the House on:
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.
Very respectfully,
Speaker of the House

Received as information.

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.

On motion of Senator BRYAN, with unanimous consent, Free Conference Powers were granted.

On motion of Senator BRYAN, with unanimous consent, the Report of the Committee of Free Conference to S. 62 (JUD62.CKF) was adopted as follows:

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
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.
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 the following:

/SECTION 1. Subsection (A) of Section 22-1-10 of the 1976 Code is amended to read:

"(A) The Governor, by and with the advice and consent of the Senate, may appoint magistrates in each county of the State for a term of four years who shall hold their office for the term of four years and until their successors are appointed and qualified.

Magistrates serving the counties of Abbeville, Allendale, Bamberg, Beaufort, Calhoun, Cherokee, Chesterfield, Clarendon, Colleton, Dillon, Edgefield, Florence, Greenville, Hampton, Jasper, Lancaster, Lee, Marion, McCormick, Oconee, Pickens, Saluda, Sumter, and Williamsburg shall serve terms of four years commencing May 1, 1990. Magistrates serving the counties of Aiken, Anderson, Barnwell, Berkeley, Charleston, Chester, Darlington, Dorchester, Fairfield, Georgetown, Greenwood, Horry, Kershaw, Laurens, Lexington, Marlboro, Newberry, Orangeburg, Richland, Spartanburg, Union, and York shall serve terms of four years commencing May 1, 1991.

At least ninety days before the date of the commencement of the terms provided in the preceding paragraph and every four years thereafter, each county governing body must inform, in writing, the Senators representing that county of the number of full-time and part-time magistrate positions available in the county, the number of work hours required by each position, the compensation for each position, and the area of the county to which each position is assigned. If the county governing body fails to inform, in writing, the Senators representing that county of the information as required in this section, then the compensation, hours, and location of the full-time and part-time magistrate positions available in the county remain as designated for the previous four years.

Each magistrate's number of work hours, compensation, and work location must remain the same throughout the term of office, except for a change (1) specifically allowed by statute or (2) authorized by the county governing body at least four years after the magistrate's most recent appointment and after a material change in conditions has occurred which warrants the change. Nothing provided in this section prohibits the raising of compensation or hours and compensation during a term of office. No magistrate may be paid for work not performed except for bona fide illness or as otherwise provided by law.

The number of magistrates to be appointed for each county and their territorial jurisdiction are as prescribed by law before March 2, 1897, for trial justices in the respective counties of the State, except as otherwise provided in this section."

SECTION 2. Notwithstanding whether the names of appointees have been received by the Senate for advice and consent, the information required to be provided by the county within ninety days of May 1, 1991, must be provided within sixty days of the approval of this act by the Governor./

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

Amend title to conform.

/s/James E. Bryan, Jr. /s/Thomas E. Huff
/s/Michael F. Mullinax /s/Roland S. Corning
/s/Michael T. Rose /s/Joseph T. McElveen, Jr.
On Part of the Senate. On Part of the House.

Senator BRYAN explained the report.

The Bill was enrolled for Ratification and a message was sent to the House accordingly.

Columbia, S.C., June 5, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
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.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 5, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has tabled:
S. 1034 -- Senator Fielding: A CONCURRENT RESOLUTION TO RESCIND THE RATIFICATION OF S.935
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 4, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on the following Bill and has ordered the Bill Enrolled for Ratification:
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.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 5, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3071 -- Reps. Whipper, Waites, Corning and Manly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-615 SO AS TO INCLUDE WITHIN THE DEFINITION OF SEXUAL BATTERY THE OFFENSE OF SPOUSAL SEXUAL BATTERY AND TO PROVIDE A PENALTY FOR VIOLATION, TO PROVIDE THAT THE OFFENDING SPOUSE'S CONDUCT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES WITHIN THIRTY DAYS AND A CHARGE MADE IN ORDER FOR THAT SPOUSE TO BE PROSECUTED FOR THIS OFFENSE, AND TO PROVIDE FOR THE ADMISSIBILITY OF MATTERS OF CONTROVERSY BETWEEN THE SPOUSES UNDER THE PROVISIONS OF SECTION 16-3-659.1; AND TO AMEND SECTION 16-3-658, RELATING TO CRIMINAL SEXUAL CONDUCT WHEN THE VICTIM IS A LEGAL SPOUSE, SO AS TO PROVIDE THAT A PERSON CANNOT BE GUILTY OF CRIMINAL SEXUAL CONDUCT IF THE VICTIM IS HIS LEGAL SPOUSE UNLESS THE COUPLE IS LIVING APART RATHER THAN LIVING APART BY REASON OF A COURT ORDER AND PROVIDE THAT THE ACTOR'S CONDUCT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES WITHIN THIRTY DAYS IN ORDER FOR A PERSON TO BE PROSECUTED.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 4, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 5, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 5, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 4, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3613 -- Reps. Wilkins, Cato and T.C. Alexander: A BILL TO AMEND SECTION 38-77-285, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALL AUTOMOBILE COVERAGE WRITTEN IN ONE POLICY, SO AS TO REQUIRE THAT THE SECTION APPLIES ONLY TO POLICIES COVERING VEHICLES ELIGIBLE TO BE SURRENDERED TO THE REINSURANCE FACILITY.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 5, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on the following Bill:

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 4, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3722 -- Rep. Burriss: A BILL TO AMEND SECTION 37-1-301, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL DEFINITIONS IN REGARD TO THE CONSUMER PROTECTION CODE, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 37-2-202, AS AMENDED, RELATING TO ADDITIONAL CREDITOR CHARGES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-203, RELATING TO DELINQUENCY CHARGES ON CONSUMER CREDIT SALES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-303, RELATING TO NOTICES TO CO-SIGNERS AND SIMILAR PARTIES ON CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-2-305, RELATING TO FILING AND POSTING OF MAXIMUM RATE SCHEDULES IN REGARD TO CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR RATE SCHEDULES IN REGARD TO VARIABLE RATES AND TO PROVIDE THE DATE BY WHICH CERTAIN CREDITOR FILING FEES ARE DUE; TO AMEND SECTION 37-2-306, RELATING TO NOTICE OF ASSUMPTION OF RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR ENGAGED IN MAKING CONSUMER LOANS PURSUANT TO SELLER CREDIT CARDS SHALL MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-104, RELATING TO THE DEFINITION OF A CONSUMER LOAN, SO AS TO REVISE THIS DEFINITION; TO AMEND SECTION 37-3-105, RELATING TO FIRST MORTGAGE REAL ESTATE LOANS, SO AS TO CORRECT AN IMPROPER REFERENCE; TO AMEND SECTION 37-3-202, AS AMENDED, RELATING TO ADDITIONAL LENDER CHARGES, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-203, RELATING TO DELINQUENCY CHARGES ON CERTAIN CONSUMER LOANS, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-303, RELATING TO NOTICE TO CO-SIGNERS AND SIMILAR PARTIES ON CERTAIN CONSUMER LOANS, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-3-305, AS AMENDED, RELATING TO THE FILING AND POSTING OF MAXIMUM RATE SCHEDULES BY CREDITORS, SO AS TO FURTHER PROVIDE FOR THIS FILING AND POSTING IN REGARD TO VARIABLE RATES; TO AMEND SECTION 37-3-306, RELATING TO NOTICE OF ASSUMPTION RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR MAKING CONSUMER LOANS PURSUANT TO A LENDER CREDIT CARD MUST MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-510, RELATING TO RESTRICTIONS ON AN INTEREST IN LAND AS SECURITY, SO AS TO EXEMPT CERTAIN OPEN-END CREDIT AGREEMENTS FROM THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 37-6-108, RELATING TO ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO FURTHER PROVIDE FOR THE VIOLATIONS WHICH ARE SUBJECT TO ACTIONS BY THE ADMINISTRATOR AND TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE CERTAIN ADMINISTRATIVE PENALTIES; TO AMEND SECTION 37-6-113, RELATING TO CIVIL ACTIONS BY THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THE CONDITIONS UNDER WHICH A CIVIL PENALTY MAY BE IMPOSED; TO AMEND SECTION 37-6-117, RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES REGARDING CONSUMER PROTECTION OF THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THESE ADMINISTRATIVE RESPONSIBILITIES; TO AMEND SECTION 37-6-203, RELATING TO FEES TO BE PAID TO THE ADMINISTRATOR, SO AS TO CLARIFY THE FEE DUE BY PERSONS ALSO ENGAGED IN MAKING CONSUMER RENTAL-PURCHASE AGREEMENTS; TO AMEND SECTION 37-10-102, AS AMENDED, RELATING TO ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL PURPOSES, SO AS TO DELETE CERTAIN CREDITOR DISCLOSURE STATEMENT REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 37-10-107 SO AS TO PROHIBIT A PERSON FROM MAINTAINING AN ACTION FOR RELIEF REGARDING THE BORROWING OF MONEY UNDER CERTAIN SPECIFIED CONDITIONS; TO AMEND SECTION 39-61-100, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR UNDER THE MOTOR CLUB SERVICES ACT, SO AS TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE PENALTIES; TO AMEND SECTION 40-39-150, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR IN REGARD TO PAWNBROKERS, SO AS TO AUTHORIZE THE ADMINISTRATOR TO ISSUE CEASE AND DESIST ORDERS; TO AMEND SECTION 44-79-80, RELATING TO THE FUNCTIONS AND POWERS OF THE ADMINISTRATOR IN REGARD TO THE PHYSICAL FITNESS SERVICES ACT, SO AS TO FURTHER PROVIDE FOR THESE POWERS AND INCREASE THE FEES FOR CERTIFICATES OF AUTHORITY ISSUED BY THE ADMINISTRATOR; AND TO REPEAL SECTION 37-6-114 RELATING TO THE PROHIBITION AGAINST JURY TRIALS IN ACTIONS BROUGHT BY THE ADMINISTRATOR UNDER THE CONSUMER PROTECTION CODE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 5, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3739 -- Rep. Keyserling: A BILL TO AMEND CHAPTER 7, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHIPWRECK AND SALVAGE OPERATORS, BY ADDING ARTICLE 5 SO AS TO ENACT THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1991 AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO REPEAL ARTICLE 4, CHAPTER 7 OF TITLE 54, THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1982.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 5, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Jaskwhich, Manly and Fair of the Committee of Conference on the part of the House on:
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.
Very respectfully,
Speaker of the House

Received as information.

The following were introduced:

S. 1037 -- Senators Leventis and Land: A BILL TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' JURY AREAS, SO AS TO REVISE THE MAGISTRATES' JURY AREAS IN SUMTER COUNTY.

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

On motion of Senator LEVENTIS, S.1037 was ordered to receive a second reading with notice of general amendments on Thursday, June 6, 1991.

S. 1038 -- Senators Land and Leventis: A SENATE RESOLUTION TO EXPRESS APPRECIATION AND GRATITUDE OF THE SOUTH CAROLINA SENATE TO DOCTOR AGNES HILDEBRAND WILSON-BURGESS FOR HER DEDICATION TO THE STATE OF SOUTH CAROLINA FOR HER FOURTEEN YEARS OF SERVICE ON THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES BOARD.

On immediate consideration, the Senate Resolution was adopted.

S. 1039 -- Senators Land and Leventis: A CONCURRENT RESOLUTION TO EXPRESS APPRECIATION AND GRATITUDE OF THE GENERAL ASSEMBLY TO DOCTOR AGNES HILDEBRAND WILSON-BURGESS FOR HER DEDICATION TO THE STATE OF SOUTH CAROLINA FOR HER FOURTEEN YEARS OF SERVICE ON THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES BOARD.

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

H. 4040 -- Reps. Hayes, Foster, Kirsh, Short and Meacham: A CONCURRENT RESOLUTION TO CONGRATULATE AND WISH WELL THE HONORABLE JOHN C. HAYES, III, ON HIS ELECTION TO SERVE AS CIRCUIT JUDGE TO THE SIXTEENTH JUDICIAL CIRCUIT AND TO THANK HIM FOR HIS VALUABLE CONTRIBUTIONS AND HIS QUIET AND COMPASSIONATE BUT COMPELLING LEADERSHIP IN THE GENERAL ASSEMBLY.

Whereas, our good friend and respected colleague, the Honorable John C. Hayes, III, has been an esteemed member of this General Assembly since 1981; and

Whereas, he served in the House of Representatives from 1981 to 1984 and in the Senate since 1985; and

Whereas, he has made a significant contribution in his work on the many legislative committees on which he has served; and

Whereas, he has been a very effective and conscientious chairman of the South Carolina Coastal Council; and

Whereas, he has served his community, the public, and private sectors, his peers, and colleagues by his contributions on the many boards and commissions on which he has served; and

Whereas, he has achieved a great deal for his districts, his constituents, and our State through his quiet and compassionate but compelling leadership; and

Whereas, he has served as chairman of the York County Delegation for the past seven years; and

Whereas, as delegation chairman he has demonstrated his skill in working with people, his knowledge of the issues, and his ability to obtain consensus while maintaining camaraderie among these members serving the public well and providing exemplary leadership for all; and

Whereas, on Wednesday, May 29, 1991, the Honorable John C. Hayes, III, was elected by acclamation to serve as Circuit Judge to the Sixteenth Judicial Circuit, a testimony to his ability; and

Whereas, the members of the York County Delegation know that their good friend and colleague, John C. Hayes, III, will be a valuable member of the bench but will be greatly missed by all and wish to thank him for his friendship, wisdom, and leadership; and

Whereas, the York County Delegation invites the members of the General Assembly to join them in wishing well the Honorable John C. Hayes, III. Now, therefore,

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

That the York County Delegation and the members of the General Assembly congratulate and wish well the Honorable John C. Hayes, III, on his election to serve as Circuit Judge to the Sixteenth Judicial Circuit and thank him for his valuable contributions and his quiet and compassionate but compelling leadership in the General Assembly.

Be it further resolved that a copy of this resolution be forwarded to the Honorable John C. Hayes, III.

The question then was the adoption of the Concurrent Resolution.

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

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

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

H. 3345 -- Reps. Wilkins, Hayes, Waites, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, H. Brown, J. Brown, Bruce, Burch, Burriss, Carnell, Cato, Chamblee, Cooper, Corbett, Cork, Corning, Cromer, Derrick, D. Elliott, L. Elliott, Faber, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hendricks, Holt, Houck, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Keegan, Kempe, Keyserling, Kirsh, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, McBride, McCraw, McGinnis, McKay, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Rogers, Rudnick, Scott, Sharpe, Sheheen, Shirley, Smith, Snow, Stoddard, Sturkie, Townsend, Tucker, Vaughn, Waldrop, Wells, Whipper, White, Wilder, Wilkes, D. Williams, Wofford, Wright, A. Young, and R. Young: 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.

Senator POPE asked unanimous consent that the Bill go without reference.

Senator MITCHELL objected.

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

Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable with amendment report on:

H. 3494 -- Reps. Wilkins, Mattos, M.O. Alexander, Manly, Cato, Barber, Vaughn, Wofford, A. Young, Haskins, Jaskwhich, Clyborne and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 23 SO AS TO ESTABLISH A THREE DIGIT PUBLIC SAFETY EMERGENCY PHONE NUMBER, 911, TO AUTHORIZE THE GOVERNING AUTHORITIES OF THE POLITICAL SUBDIVISIONS OF THE STATE TO CREATE 911 PUBLIC SAFETY COMMUNICATIONS CENTERS FOR THE PURPOSE OF ESTABLISHING A LOCAL EMERGENCY TELEPHONE SERVICE, TO PERMIT FUNDING FOR THE CENTERS, INCLUDING PROVISIONS FOR LEVYING A TELEPHONE SERVICE CHARGE, AND FOR RELATED PURPOSES.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

The amendment proposed by the Committee on Labor, Commerce and Industry was adopted as follows:

Amend the bill, as and if amended, Section 23-47-10 (5), page 3, line 19, by striking the words /seven digit/ and inserting /telephone/.

Amend the bill, as and if amended, Section 23-47-10 (14), page 4, line 13, by striking the words /or a private entity which provides these services/ .

Amend the bill, as and if amended, Section 23-47-20 (B)(2), page 5, line 26, by striking the words /Every emergency service provider/ and inserting the words /Public safety agencies/ .

Amend the bill, as and if amended, Section 23-47-20 (C)(11), page 6, line 17, by striking the words /ninety-nine/ and inserting the words /eighty/ .

Amend title to conform.

Senator BRYAN 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 BRYAN, H. 3494 was ordered to receive a third reading on Thursday, June 6, 1991.

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

H. 3550 -- Reps. Cromer and Manly: A BILL TO AMEND SECTION 56-3-1970, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR VIOLATING THE PROVISIONS OF LAW ON HANDICAPPED PARKING, SO AS TO INCREASE THE PENALTIES FOR FIRST, SECOND, THIRD, AND SUBSEQUENT OFFENSES AND PROVIDE THAT, IN THE CASE OF A THIRD OR SUBSEQUENT OFFENSE, THE DRIVER'S LICENSE OF THE VIOLATOR MUST BE SUSPENDED FOR NINETY DAYS.

Lourie Mitchell Martschink
Land Wilson Russell
Leatherman Thomas Hinds
Long Pope Patterson

McGill

Waddell McConnell
Leventis Hinson Martin

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

Appointment, Member, S.C. Continuum of Care for Emotionally Disturbed Children Board,From Region II - Rural, with term to expire on June 30, 1995:

Dr. Laura R. Dawson, Ed.D., Route 2, Box 545, Denmark, South Carolina 29042

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

Appointment, Member, S.C.Commission on Alcohol and Drug Abuse, with term to expire June 30, 1994:

6th Congressional District:

Mr. W.C. Jenkins, P.O. Box 273, Pamplico, South Carolina 29583

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

Appointment, 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

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

Appointment, Member, South Carolina Public Railways Commission, At-Large, with term to expire November 1, 1995:

Mr. Patrick Lee Baughman, Sr., 8 South Calibogue Cay, Hilton Head Island, South Carolina 29928 VICE J. Mullins McLeod

Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

Appointment, Member, South Carolina Real Estate Appraisers Board, with term to expire on May 31, 1992:

Initial Appointment, Appraiser, Mr. Robert O. Lighthart, Jr., 954 Harbor Towne Road, Charleston, South Carolina 29412

Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

Appointment, Member, South Carolina Real Estate Appraisers Board, with term to expire on May 31, 1992:

Initial Appointment, Real Estate Broker, Ms. Doris G. Sheriff, Alliance Realty Company, 4559-A Charlotte Highway, Lake Wylie, South Carolina 29710

Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

Appointment, Member, South Carolina Real Estate Appraisers Board, with term to expire on May 31, 1993:

Initial Appointment, Appraiser, Mr. Lamar Mason, Mason Realty, Inc., 3938 Farrrow Road, Columbia, South Carolina 29203

Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

Appointment, Member, South Carolina Real Estate Appraisers Board, with term to expire on May 31, 1993:

Initial Appointment, Mortgage Lending, Mr. Jerry C. Parker, The Commercial Bank, Post Office Box D, Honea Path, South Carolina 29654

Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

Appointment, Member, South Carolina Real Estate Appraisers Board, with term to expire on May 31, 1994:

Initial Appointment, Appraiser, Mr. John M. Little, III, Little Realty Company, Post Office Box 583, Chester, South Carolina 29706

Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

Appointment, Member, South Carolina Real Estate Appraisers Board, with term to expire on May 31, 1994:

Initial Appointment, Appraiser, Mr. James H. Robinson, Robinson Company of Greenville, Inc., 1225 South Church Street, Greenville, South Carolina 29605

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

Appointment, Member, S.C.Commission on Alcohol and Drug Abuse, At-Large, with term to expire July 1, 1995:

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

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

Appointment, Member, Board of Examiners for Nursing Home and Community Residential Care Facility Administrators, with term to expire December 31, 1991:

Mrs. Ethel L. Hughes, P.O. Box 190, Abbeville, South Carolina 29620

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

Appointment, Member, Board of Examiners for Nursing Home and Community Residential Care Facility Administrators, with term to expire December 31, 1992:

Mrs. Catherine H. Beard, 123 Warren Street, Timmonsville, South Carolina 29161

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

Appointment, Member, Board of Examiners for Nursing Home and Community Residential Care Facility Administrators, with term to expire December 31, 1993:

Dr. Walter E. Hickman, Jr., 2350 Lucas Street, Florence, South Carolina 29501

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

Appointment, Member, Board of Examiners for Nursing Home and Community Residential Care Facility Administrators, with term to expire December 31, 1993:

Mr. C. William Trawick, 1873 Camp Road, Charleston, South Carolina 29412

Senator SALEEBY, from the Committee on Ethics, submitted a favorable report on:

Appointment, 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

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

Appointment, Member, South Carolina Advisory Board for Victim Assistance, with term to expire August 1, 1994:

Victim Assistance Advocate, Ms. Trudy M. Gregorie, Coordinator, Victim/Witness Assistance Program, 9th Circuit Solicitor's Office, P.O. Box 70100, Charleston, South Carolina 29415-0100 VICE Jayne G. Crisp (resigned)

Senator SALEEBY, from the Committee on Ethics, submitted a favorable report on:

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

Senator SETZLER, from the Committee on Education, submitted a favorable report on:

Appointment, At-Large Member, State Commission on Higher Education, with term to expire July 26, 1993:

Mr. Harry Ward Miley, Ph.D., 1416 Ivy Lane, Columbia, South Carolina 29204 VICE Mr. Howard Love (Resigned)

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

Appointment, Member, Insurance Commission, with term to expire June 30, 1996:

1st Congressional District

Mr. Ike S. Cheves, Post Offfice Box 101, Walterboro, South Carolina 29488 VICE Edward K. Pritchard

S. 362 -- Senators Holland, Moore, Matthews and Wilson: A BILL TO AMEND SECTIONS 7-13-35, AS AMENDED, 7-13-40, AS AMENDED, 7-13-50, AS AMENDED, 7-13-60, 7-13-70, AS AMENDED, 7-13-610, 7-13-830, AS AMENDED, 7-15-420, AS AMENDED, 7-15-450, 7-17-510, 7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-560, 7-17-570, AND 7-25-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE RESPECTIVE COUNTY ELECTION COMMISSIONS, PROVIDE FOR HEARING AND DECIDING PROTESTS AND CONTESTS THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE HOUSE OF REPRESENTATIVES AT THE STATE LEVEL RATHER THAN AT THE COUNTY LEVEL, DELETE CERTAIN PROVISIONS OF LAW, AND CHANGE CERTAIN PROVISIONS REGARDING THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION; TO AMEND ARTICLE 5, CHAPTER 13, TITLE 7, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF EVERY "OFFICIAL COUNTY BALLOT" AND OF EVERY "OFFICIAL STATE BALLOT"; TO PROVIDE THAT NOTHING IN THIS ACT OR ANY OTHER PROVISION OF LAW MAY BE CONSTRUED AS PROHIBITING POLITICAL PARTIES FROM CONDUCTING PRESIDENTIAL PREFERENCE PRIMARIES; TO PROVIDE THAT, IN THE CASE OF ANY COUNTY WHICH OPERATES ITS ELECTIONS THROUGH AN ELECTION AND REGISTRATION COMMISSION COMPOSED OF SEVEN MEMBERS, THE STRUCTURE AND COMPOSITION ARE NOT AFFECTED OR CHANGED BY THE PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 7-9-110, RELATING TO PERMITTING COUNTY POLITICAL PARTY COMMITTEES TO ESTABLISH A COUNTY PARTY ELECTION COMMISSION FOR CERTAIN PURPOSES, AND 7-13-90, RELATING TO THE APPOINTMENT OF MANAGERS OF PRIMARIES; AND TO PROVIDE THAT CERTAIN PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE COUNTY ELECTION COMMISSIONS ON THE SECOND TUESDAY IN JUNE OF EACH GENERAL ELECTION YEAR.

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.

The amendment proposed by the Committee on Judiciary (JUD362.17) was adopted as follows:

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

/SECTION 1. Section 7-13-35 of the 1976 Code, as last amended by Act 357 of 1990, is further amended to read:

"Section 7-13-35. The authority charged by law with conducting an election shall publish two notices of general, special, and primary elections held in the county or municipality, except municipal elections, in a newspaper of general circulation in the county or municipality. Included in each notice must be a reminder of the last day persons may register to be eligible to vote in the election for which notice is given, notification of the date, time, and location of the hearing on ballots challenged in the election, a list of the precincts involved in the election, and the location of the polling places in each of the precincts, and notification that the process of examining the return-addressed envelopes containing absentee ballots will begin at 2:00 p.m. on election day. The first notice must appear not later than sixty days before the election and the second notice must appear not later than two weeks after the first notice."

SECTION 2. Section 7-13-40 of the 1976 Code, as last amended by Act 363 of 1988, is further amended to read:

"Section 7-13-40. In the event that a party shall nominate nominates candidates by party primary election, a party primary election must be held by the party and conducted by the State Election Commission and the respective county election commissions on the second Tuesday in June of each general election year and a second and third primary election each two weeks successively thereafter, if necessary. Certification of the names of all candidates to be placed on primary ballots must be made by the political party chairman, vice chairman, or secretary to the State Election Commission or the county election commission, whichever is responsible under law for preparing the ballot, not later than twelve o'clock noon on May first, or if May first falls on a Sunday, not later than twelve o'clock noon on the following Monday. The filing fees for candidates whose names are on ballots to be voted on in all primaries, except municipal primaries, must be transmitted by the respective political parties to the State Election Commission and placed by the executive director of the commission in a special account designated for use in conducting the primaries and must be used for that purpose. The filing fee for each office is one percent of the total salary for the term of that office or one hundred dollars, whichever amount is greater."

SECTION 3. Section 7-13-50 of the 1976 Code, as last amended by Act 364 of 1988, is further amended to read:

"Section 7-13-50. A second primary, when necessary, must be held two weeks after the first and is subject to the rules governing the first primary. At the second primary the two candidates among those who do not withdraw their candidacies and who received more votes in the first primary than any other remaining candidate alone shall run for any one office and if only one candidate remains, he is considered nominated, except that if there are two or more vacancies for any particular office, the number of candidates must be double the number of vacancies to be filled if so many candidates remain. In all second primaries the candidate receiving the largest number of votes cast for a given office must be declared the nominee for the office whether or not he has received a majority of the votes cast for that office, and when there are several candidates for several different offices, then the several candidates receiving the largest number of votes for the several positions are considered as nominated for the offices whether or not they received a majority of the votes cast. Other primaries, if necessary, must be ordered in a similar manner by the county chairman election commission or the state chairman State Election Commission, as appropriate."

SECTION 4. Section 7-13-60 of the 1976 Code is amended to read:

"Section 7-13-60. The polls must be opened at seven o'clock in the forenoon a.m. and close closed at seven o'clock in the afternoon p.m. of the day of election and must be held open during these hours without intermission or adjournment;. but the county committee may close any poll or all polls within any county in any primary election, at an earlier hour."

SECTION 5. Section 7-13-70 of the 1976 Code, as last amended by Act 497 of 1990, is further 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, at least ninety days before the election, shall appoint for each county not less than three nor more than five commissioners of election upon the recommendation of the senatorial delegation and at least half of the members of the House of Representatives from the respective counties. The Governor shall notify the State Election Commission in writing of the appointments. The State Election Commission shall verify that at least one of the appointees represents the largest political party and one represents the second largest political party as determined by the composition of that county's delegation in the General Assembly or the makeup of the General Assembly as a whole if the county's delegation is composed of only one party's members. The commissioners shall continue in office until their successors are appointed and qualified. For the general election held on the first Tuesday following the first Monday in November in each even-numbered year, the commissioners of election shall appoint three managers of election for each polling place in the county for which they must respectively be appointed for each five hundred electors, or portion of each five hundred electors, registered to vote at the polling place. For primary elections held on the second Tuesday in June of each general election year, the commissioners of election shall appoint three managers of election for each polling place in the county for which they must respectively be appointed for the first five hundred electors registered to vote in each precinct in the county, and may appoint three additional managers for each five hundred electors registered to vote in the precinct above the first five hundred electors, or portion thereof. The commissioners shall also appoint from among the managers a clerk for each polling place in the county; and none of the officers may be removed from office except for incompetence or misconduct. For all other primaries, special, or municipal elections, the authority charged by law with conducting the primaries, special, or municipal elections shall appoint three managers of election for the first five hundred electors registered to vote in each precinct in the county, municipality, or other election district and one additional manager for each five hundred electors registered to vote in the precinct above the first five hundred electors. The authority responsible by law for conducting the election shall also appoint from among the managers a clerk for each polling place in a primary, special, or municipal election. Forty-five days prior to any primary, except municipal primaries, each political party holding a primary may submit to the county election commission a list of prospective managers for each precinct. The county election commission must appoint at least one manager for each precinct from the list of names submitted by each political party holding a primary. However, the county election commission may refuse to appoint any prospective manager for good cause. When there are an adequate number of precinct managers who vote in a precinct available to staff a precinct, then only managers who vote in that precinct shall be appointed to staff that precinct. No person may be appointed as a manager in a primary who has not completed a training program concerning his duties and responsibilities as a poll manager and who has not received certification of having completed the training program. The training program and the issuance of certification must be carried out by the county election commission. After their appointment the commissioners, managers, and clerks 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.'

It must be immediately filed in the office of the clerk of court of common pleas of the county in which the commissioners, managers, and clerks are appointed, or, if there is no clerk of court, 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 must be filed with the commissioners of election along with the ballots from that election precinct."

SECTION 6. Section 7-13-610 of the 1976 Code is amended to read:

"Section 7-13-610. The State Election Commission and the respective county election commissions shall prepare a consolidated ballot for the primary. The ballots shall must contain in print the names of all candidates who have filed to run in the primaries of all parties and shall must have a stub at the top perforated so as to be easily detached. On the stub shall must be printed `Official Consolidated State (or County) Ballot, Primary', Club______ No.______ the name of the county and the precinct, and the date of the primary. On the right side there shall must be a blank line under which shall must be printed `Initials of Issuing Officer'. The numbers shall run seriatim for each club Stubs on ballots for each precinct must be numbered consecutively, beginning with `No. 1'. The ballots shall must be furnished by the State committee Election Commission for all except members of the General Assembly, county officers, congressmen less than county officers, and circuit solicitors, for which the county committee election commission shall furnish the ballots. One ballot shall must contain the names of all persons running for State state and federal offices and United States Senator. The other ballot shall must contain the names of all persons running for the General Assembly, county offices, congressmen less than county officers, and solicitors.

All ballots Ballots furnished by the State committee Election Commission hereunder under this section shall must have marked thereon on them in plain type, both on the stub and on the ballot proper, the words `Official State Ballot'. and all ballots Ballots furnished by the county committee election commission hereunder under this section shall must have marked thereon on them in plain type, both on the stub and on the ballot proper, the words `Official County Ballot'.

The State ballot shall be printed on yellow paper and the boxes in which it is to be deposited shall be painted the same color. The county ballot shall be printed on plain white paper and the boxes in which it is to be deposited shall be painted white. The ballot must be printed on paper of a thickness so that the printing cannot be distinguished from the back and must be of a size and color as directed by the State Election Commission. If more than one ballot is to be used in a primary, each ballot must be printed on different colored paper. The ballot shall must contain a voting square opposite the name of each candidate, and the voter shall vote by putting a mark in the voting square opposite the name of the candidate of his choice. The ballot shall specify that a voter may vote for one or less candidate for each office, regardless of the party primary in which the candidate is running. The State Election Commission is hereby empowered to establish, under Chapter 23 of Title 1, such rules and regulations as are necessary for the proper administration of this section."

SECTION 7. Article 5, Chapter 13, Title 7 of the 1976 Code is amended by adding:

"Section 7-13-611. In the preparation of the ballots for a primary, the State Election Commission shall arrange the names of the candidates on the `Official County Ballot' in conformity with the following specifications:

NO:

Initials of Issuing Officer

-----------------------------------------------

(NAME OF PARTY)

INSTRUCTIONS - Make a cross (X) in the voting square ([ ]) opposite the name of each candidate on the ballot for whom you wish to vote. Before leaving the booth, fold the ballot so that the initials of the manager may be seen on the outside.

You may vote for one, less than one, but not more than one candidate for each office of the party affiliation of the candidate.

SHERIFF / ONE SEAT TO FILL /
(Example)
PARTY PRIMARY
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /

PARTY PRIMARY
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /

You may vote for three, less than three, but not more than three candidates.

COUNTY COUNCIL / THREE SEATS TO FILL /
(Example)
PARTY PRIMARY
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /

PARTY PRIMARY
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /

Each `Official State Ballot' similarly must conform to the plan set forth in this section.

The State Election Commission is hereby empowered to promulgate such rules and regulations under Chapter 23 of Title 1 as are necessary for the arrangement of the official county ballot."

SECTION 8. Section 7-13-830 of the 1976 Code, as last amended by Act 472 of 1988, is further amended to read:

"Section 7-13-830. When any person is so challenged, the manager shall explain to him the qualifications of an elector and may examine his as to the same. If the person insists that he is qualified and the challenge is not withdrawn, his vote must be received and placed in an envelope on which must be written the name of the voter and that of the challenger. The challenged votes must be kept separate and apart and not counted but turned over to the commissioners of election or the county committee other authority having supervision of the election. At the meeting specified in either Section 7-17-10 or 7-17-510, whichever is applicable, this authority shall hear all objections to these votes, and when no person appears or offers evidence before the meeting to sustain an objection made at the polls, the ballot is no longer a challenged ballot. When the challenger appears or produces witnesses or evidence in support of the challenge, the committee authority in charge shall proceed to hear and determine the question. Its decision is final. Each ballot which is no longer challenged and each ballot whose challenge was decided in favor of the voter must be removed from the envelope, mingled, and counted and the totals added to the previously counted regular ballot total of all precincts without attribution to a particular precinct. If the voting at the voting place is being done upon a voting machine, the managers shall provide a paper ballot which must be placed in an envelope and treated as provided in this section.

Where, pursuant to Section 7-13-820, a person's name could not be verified by the registration board or where a telephone was not available and the person was allowed to vote a challenged ballot, the Board of Voter Registration, before the meeting, shall certify to the authority in charge whether or not the voter is a qualified elector of the precinct in which he voted his challenged ballot. If the board certifies the person challenged is not a qualified elector of the precinct, this certification is considered an administrative challenge and is clear and convincing evidence for the meeting authority to disallow the ballot. Nothing in this section prohibits the county election commission from continuing any challenge administratively as long as it has evidence to sustain the challenge."

SECTION 9. Section 7-15-420 of the 1976 Code, as last amended by Act 357 of 1990, is further amended to read:

"Section 7-15-420. The county election commission, municipal election commission, county committee for each political party, or executive committee of each municipal party in the case of municipal primary elections are responsible for the tabulation and reporting of absentee ballots. At 2:00 p.m. on election day, the managers appointed pursuant to Section 7-13-70, and in the presence of any watchers that have been appointed pursuant to Section 7-13-860, may begin the process of examining the return-addressed envelopes that have been received by the county registration board making certain that each oath has been properly signed and witnessed and includes the address of the witness. All return-addressed envelopes received by the county registration board before the time for closing the polls must be examined in this manner. No ballot may be counted unless the oath is properly signed and witnessed nor may any ballot be counted which is received by the county registration board after time for closing of the polls. The printed instructions required by item (2) of Section 7-15-370 to be sent each absentee ballot applicant must notify him that his vote will not be counted in either of these events. If a ballot is not challenged, the sealed return-addressed envelope must be opened by the managers, and the enclosed envelope marked `Ballot Herein' removed and placed in a locked box or boxes. After the polls close and all return-addressed envelopes have been emptied in this manner, the managers shall remove the ballots contained in the envelopes marked `Ballot Herein', placing each one in the ballot box provided for the applicable contest. When all absentee ballots have been placed in the ballot boxes, they must be tabulated and reported as a separate precinct in the same manner as other ballots of the county are counted on election day. The absentee voter precinct is a countywide precinct and a part of each election district in the county. If any ballot is challenged, the return-addressed envelope may not be opened, but must be put aside and the procedure set forth in Section 7-13-830 must be utilized; but the absentee voter must be given reasonable notice of the challenged ballot."

SECTION 10. Section 7-15-450 of the 1976 Code is amended to read:

"Section 7-15-450. This article shall apply applies to political parties holding conducting a primary and any other authorities conducting an election."

SECTION 11. Section 7-17-510 of the 1976 Code is amended to read:

"Section 7-17-510. The county committees shall assemble at their respective courthouses on the morning of the second day after the election at eleven in the forenoon to tabulate the returns and declare the results of the primary, so far as it relates to members of the General Assembly and county officers and shall forward immediately to the State chairman at Columbia the result of the election in their respective counties for United States Senator, State officers, congressmen and solicitors. The State committee shall proceed to canvass the vote and declare the result of the primary in the State as to such last named officers. The commissioners of election for the counties shall meet in a convenient place in the county seat on the Thursday next following the primary, before one o'clock p.m. of that day and shall organize as the county board of canvassers for primaries. They may appoint a competent person as secretary. The chairman shall administer the constitutional oath to each member of the board and to the secretary. The secretary shall administer to the chairman the same oath. Each county board of canvassers for primaries shall canvass the votes of the county and declare the results. The county board of canvassers for primaries shall make statements of the votes of the precincts of its county as the nature of the primary requires not later than twelve o'clock noon on the Saturday next following the primary and at that time transmit and certify to the Board of State Canvassers the results of its findings. This procedure must be repeated following every primary runoff. The Board of State Canvassers shall meet at the office of the State Election Commission and shall canvass the vote and declare the results of the primaries and the runoffs no later than twelve o'clock noon on the Saturday next following the primary in the State for state offices, federal offices, and offices involving more than one county."

SECTION 12. Section 7-17-570 of the 1976 Code is amended to read:

"Section 7-17-570. The executive committee shall hear the protest or contest on Thursday following the deadline for filing the same. Testimony at the hearing shall be limited to the grounds stated in the written protest.

The protestant and each other candidate in the protested race shall have the right to be present at the hearing, to be represented by counsel, to examine and cross-examine witnesses and to produce evidence relevant to the grounds of the protest. The chairman of the committee shall provide for and conduct the hearing as nearly as possible in accordance with the procedures and rules of evidence observed by the circuit courts of this State. The chairman shall have authority to administer oaths and subpoena witnesses. Upon the conclusion of the hearing of the protest the committee shall determine all issues by majority vote and forthwith certify the results of the election. The State Election Commission shall pay for the costs of the court reporter and the transcript of the hearing.

The committee shall remain in session until a conclusion has been reached. All candidates in the protested or contested race shall be immediately notified of the committee's decision."

SECTION 13. Section 7-25-140 of the 1976 Code is amended to read:

"Section 7-25-140. The county committee authority responsible under law in any for conducting a party primary and the commissioners of election or other electoral board in general and special elections in their discretion may post, or cause to be posted, a copy of Sections 7-25-120 to 7-25-140, printed on cardboard in as large type as a board twelve by twelve inches will carry, in each and every polling precinct."

SECTION 14. Nothing in this act nor any other provision of law may be construed as prohibiting the political parties in this State from conducting, according to their own rules and at the party's expense, presidential preference or advisory primaries.

SECTION 15. If a county operates its elections through an election and registration commission composed of seven members, the structure and composition are not affected or changed by the provisions of this act. However, the provisions for inclusion of majority and minority party representatives upon the commission and upon the expanded commission as constituted for primary elections and protests must be applied to the seven-member commission, mutatis mutandis.

SECTION 16. Except for municipal primaries, all primaries for national offices, excluding the office of president, and all primaries for state offices, offices including more than one county, and countywide and less than countywide offices, specifically including, but not limited to, all school boards and school trustees, special purpose district offices, which include, but are not limited to, water, sewer, fire, soil conservation, and other similar district offices, must be conducted by the State Election Commission and the county election commissions on the second Tuesday in June of each general election year.

SECTION 17. Sections 7-9-110 and 7-13-90 of the 1976 Code are repealed.

SECTION 18. This act takes effect upon approval by the Governor but only if funded by the General Assembly./

Amend title to conform.

Senator HOLLAND explained the amendments.

Senator ROSE proposed the following amendment (JUD362.28), which was adopted:

Amend the committee amendment, as and if amended, page 16, by adding an appropriately numbered section to read:

/SECTION . Chapter 5, Title 7 of the 1976 Code is amended by adding:

"Section 7-5-159. (A) Commencing January 1, 1992, the Department of Highways and Public Transportation, through its local driver's license examination facilities, must provide each qualified elector who applies for the issuance, renewal, or correction of any type of driver's license or for an identification card pursuant to Section 57-3-910, an opportunity to complete an application to register to vote by use of a form to be supplied by the South Carolina Election Commission containing a place to provide the necessary information required by Section 7-5-170.

(B) If the applicant wishes to complete an application for registration, he must answer the questions required on the form required by subsection (A) and must complete and sign an oath attesting as follows: `I, , do solemnly swear (or affirm) that I am a citizen of the United States and that on the date of the next ensuing election, I will have attained the age of eighteen years and am a resident of the State of South Carolina, this county, and my precinct. I further swear (or affirm) that the present address I listed herein is my sole legal place of residence and that I claim no other place as my legal residence.' If requested to do so, an employee of the department must witness the signing by any applicant of the form required by subsection (A), and sign the form indicating witnessing of this applicant's signature. Application forms must be forwarded by the department on a weekly basis to the county registration board of the county in which the driver's license examination facility is located; except that during the last week allowed for registration prior to any election, such applications must be forwarded daily to the county registration board of the county in which the driver's license examination facility is located. Upon receipt of these forms from the department, a county registration board must promptly forward the application form of any applicant not residing in the county serviced by that board, to the county registration board in which each respective applicant resides.

(C) In the alternative to the procedure described in subsection (B) above, the applicant may complete the application for registration and complete and sign the oath described in subsection (B), obtain thereon the signature of any registered elector showing that he witnessed the applicant's signature thereon, and mail that completed application to the county registration board of the county in which the applicant resides. All mailed applications must comply with the requirements of Section 7-5-155(1).

(D) Upon receipt of an application, the county registration board in the county in which the applicant resides must determine if the application is complete. If the county registration board determines that the application is complete, the applicant is deemed registered as of the date of the application. If the county registration board determines that the application is not complete, the board must notify the applicant, stating the additional information required. The applicant must be deemed registered as of the date of the application when the additional information is provided at least four days prior to the actual voting.

(E) Any registered elector who continues to reside in the county of his voter registration and who informs a driver's license examination facility of a change of name or address must have notice of his change of name or address forwarded by the driver's license examination facility to the registration board of the county in which the driver's license facility is located. If the elector lives in a different county from such facility, the registration board must forward the change to the registration board of the county in which the elector resides. The registration board of the county in which the elector resides must change the voter's registration to reflect the change of name and address.

(F) The Department of Highways and Public Transportation and the State Election Commission are authorized to promulgate regulations necessary to implement the requirements of this section.

Section 7-5-158. (A) Commencing January 1, 1992, the school board or board of trustees of all public high schools, colleges, and universities must provide all students who are qualified electors an opportunity to complete an application to register to vote by use of a form to be supplied by the South Carolina Election Commission containing a place to provide the information required by Section 7-5-170.

(B) If the applicant wishes to complete an application for registration, he must answer the questions required on the form required by subsection (A) and must complete and sign an oath attesting as follows: `I, , do solemnly swear (or affirm) that I am a citizen of the United States and that on the date of the next ensuing election, I will have attained the age of eighteen years and am a resident of the State of South Carolina, this county, and my precinct. I further swear (or affirm) that the present address I listed herein is my sole legal place of residence and that I claim no other place as my legal residence.' If requested to do so, an employee of the school, college, or university must witness the signing by any applicant of the form required by subsection (A), and sign the form indicating witnessing of this applicant's signature. Application forms must be forwarded by the school, college, or university on a weekly basis to the county registration board of the county in which the school, college, or university is located, except that during the last week allowed for registration prior to any election, such applications must be forwarded daily to the county registration board of the county in which the school, college, or university is located. Upon receipt of these forms from the school, college, or university, a county registration board must promptly forward the application form of any applicant not residing in the county serviced by that board to the county registration board in which each respective applicant resides.

(C) In the alternative to the procedure described in subsection (B) above, the applicant may complete the application for registration and complete and sign the oath described in subsection (B), obtain thereon the signature of any registered elector showing that he witnessed the applicant's signature thereon, and mail that completed application to the county registration board of the county in which the applicant resides. All mailed applications must comply with the requirements of Section 7-5-155(1).

(D) Upon receipt of an application, the county registration board in the county in which the applicant resides must determine if the application is complete. If the county registration board determines that the application is complete, the applicant is deemed registered as of the date of the application. If the county registration board determines that the application is not complete, then the board must notify the applicant stating the additional information required. The applicant must be deemed registered as of the date of the application when the additional information is provided at least four days prior to the actual voting.

(E) The Department of Education and the State Election Commission are authorized to promulgate regulations necessary to implement the requirements of this section.

Section 7-5-157. (A) Commencing January 1, 1992, the South Carolina Tax Commission shall include with each individual South Carolina income tax return and instruction booklet an application to register to vote by use of a form to be approved by the South Carolina Election Commission containing a place to provide the information required by Section 7-5-170.

(B) If the applicant wishes to complete an application for registration, he must answer the questions required on the form required by subsection (A) and must complete and sign an oath attesting as follows: `I, , do solemnly swear (or affirm) that I am a citizen of the United States and that on the date of next ensuing election, I will have attained the age of eighteen years and am a resident of the State of South Carolina, this county, and my precinct. I further swear (or affirm) that the present address I listed herein is my sole legal place of residence and that I claim no other place as my legal residence.' The applicant may obtain on the completed application the signature of any registered elector showing that he witnessed the applicant's signature on the application, and mail that completed application to the county registration board of the county in which the applicant resides. All mailed applications must comply with the requirements of Section 7-5-155(1).

(C) In the alternative to the procedure described in subsection (B) above, the applicant may send the application completed, signed, and witnessed as required in subsection (B) to the South Carolina Tax Commission along with the applicant's individual South Carolina income tax return. Application forms must be forwarded by the South Carolina Tax Commission on a weekly basis to the State Election Commission, except that during the last week allowed for registration prior to any election, such applications must be forwarded daily to the State Election Commission. Upon receipt of these forms from the South Carolina Tax Commission, the State Election Commission must promptly forward the application form of each applicant to the county voter registration board in which each respective applicant resides.

(D) Upon receipt of an application, the county registration board in the county in which the applicant resides must determine if the application is complete. If the county registration board determines that the application is complete, the applicant is deemed registered as of the date of the application. If the county registration board determines that the application is not complete, then the board must notify the applicant stating the additional information required. The applicant must be deemed registered as of the date of the application when the additional information is provided at least four days prior to the actual voting.

(E) The South Carolina Tax Commission and the State Election Commission are authorized to promulgate regulations necessary to implement the requirements of this section."/

Renumber sections to conform.

Amend title to conform.

Senator GILBERT objected to the amendment.

There being no further amendments, the Bill was ordered returned to the House of Representatives with amendments.

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.

The House returned the Bill with amendments.

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

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

Senator WILLIAMS proposed the following amendment (JUD927.1), which was adopted:

Amend the bill, as and if amended, page 163, beginning on line 13, by striking Section 4 of the bill in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator WILLIAMS explained the amendment.

There being no further amendments, the Bill was ordered returned to the House of Representatives with amendments.

S. 617 -- Senators Helmly and Moore: A BILL TO AMEND SECTION 30-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDATION OF VETERANS' DISCHARGE RECORDS, SO AS TO PERMIT, SUBJECT TO THE APPROVAL OF THE COUNTY GOVERNING BODY AND THE COUNTY VETERANS' AFFAIRS OFFICER, THE CLERK OF COURT TO TRANSFER ALL RESPONSIBILITIES TO THE COUNTY VETERANS' AFFAIRS OFFICER TO RECEIVE, RECORD, AND MAINTAIN DISCHARGE RECORDS.

The House returned the Bill with amendments.

On motion of Senator HELMLY, 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. 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.

The House returned the Bill with amendments.

On motion of Senator HAYES, 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 SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

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.

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

Senator GIESE proposed the following Amendment No. 4 (JIC\5795.HC), which was adopted:

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

/SECTION ___. Section 12-21-2420 of the 1976 Code is amended by adding an appropriately numbered item to read:

"( ) On admissions to a physical fitness center subject to the provisions of Chapter 79 of Title 44, the Physical Fitness Services Act, that provides only the following activities or facilities:

(a) aerobics or calisthenics,

(b) weightlifting equipment,

(c) exercise equipment,

(d) running tracks,

(e) racquetball,

(f) swimming pools for aerobics and lap swimming, and

(g) other similar items approved by the commission.

The entire admission charge of a physical fitness center which provides any other activity or facilities is subject to the tax imposed by this article."/

Renumber sections to conform.

Amend totals and title to conform.

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

Senator GIESE moved that the amendment be adopted.

The amendment was adopted.

Senator MOORE objected to further consideration of any bill on the statewide uncontested Calendar.

Senator LEATHERMAN made a Parliamentary Inquiry as to what the order of business of the Senate was.

The PRESIDENT stated that according to the provisions of the motion made by Senator HINDS, the Senate would take up the matters in the box and proceed with a call of the statewide uncontested Calendar. As an objection had been placed on all Bills on the statewide uncontested Calendar, the next order of business was the motion to amend the rules.

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 J. VERNE SMITH objected.

The question then was the adoption of the motion to amend the rules by Senator NELL W. SMITH.

Senator SHEALY was recognized.

Senator SHEALY moved to commit the motion to the Committee on Rules.

A roll call vote was ordered.

Senator MOORE, with unanimous consent, was granted leave to make a brief explanation of the rules to the body.

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

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

Carmichael Gilbert Martschink
Mitchell Shealy Wilson

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

The Senate refused to commit the motion to the Committee on Rules.

Senator WILLIAMS moved under Rule 15A to set a time certain of 5:05 P.M. to vote on the entire matter.

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

Bryan Fielding Giese
Hayes Helmly Hinds
Hinson Holland Leatherman
Leventis Long Matthews
McConnell McGill Mitchell
Moore Mullinax O'Dell
Passailaigue Patterson Peeler
Pope Reese Rose
Russell Saleeby Smith, J.V.
Smith, N.W. Stilwell Washington
Williams

Carmichael Drummond Gilbert
Macaulay Martschink Shealy
Wilson

At 4:57 P.M. the Senate set 5:05 P.M. as a time certain on which to vote on the entire matter.

On motion of Senator SHEALY, with unanimous consent, the debate on all pending amendments was limited to a total of five minutes each.

Senator MACAULAY proposed the following Amendment No. 1 (RES5000.001) to the motion of Senator NELL W. SMITH to amend the Senate Rules, which was tabled:

Amend the motion, as and if amended, page 12, line 26 by adding the following after the word /legislation/

/and discloses all tax benefits presently enjoyed or that would accrue to the owner or owners thereof as a result of any legislation or covered actions which are promoted in such editorials or other opinion pieces/

Amend title to conform.

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

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

The PRESIDENT overruled the Point of Order.

Senator STILWELL argued contra to the adoption of the amendment.

Senator STILWELL moved to lay the amendment on the table.

The amendment was laid on the table.

Senator SHEALY proposed the following Amendment No. 2 (RES5000.002) to the motion of Senator NELL W. SMITH to amend the Senate Rules, which was tabled:

Amend the motion, as and if amended, page 10, by inserting after line 37 the following:

/Nothing in this Rule shall be construed to prohibit the acceptance of meals or entertainment when the entire Senate, a legislative delegation, or at least six members of the Senate are invited to a social activity or function paid for in whole or in part by a lobbyist or a group of lobbyists or a lobbyist's principal or a group of lobbyist's principals./

Amend title to conform.

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

Senator MOORE moved to lay the amendment on the table.

The amendment was laid on the table.

Senator MOORE proposed the following Amendment No. 3 (JUD3025.1) to the motion to amend the Senate Rules found in S-JUD\MOORE\JUD3025.TLM, which was adopted:

Amend the motion, as and if amended, page 5, after line 8, in Rule 45.2, by inserting therein the following:

/( ) "Employee of the Senate" means any person employed by the Senate or by any joint or special committee chaired by a member of the Senate./

Amend the motion further, as and if amended, page 10, after line 43, in Rule 45.3, by inserting therein the following:

/( ) "Employee of the Senate" means any person employed by the Senate or by any joint or special committee chaired by a member of the Senate./

Renumber subsections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

Senator MOORE moved that the amendment be adopted.

The amendment was adopted.

Senator SHEALY proposed the following Amendment No. 4 (RES5000.004) to the motion of Senator NELL W. SMITH to amend the Senate Rules, which was tabled:

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

/SECTION . Nothing herein shall prohibit a Senator or other person designated herein from doing business with any governmental entity if awards or contracts are let by sealed bids and no preference of any kind is extended such person by reason of his or her position./

Amend title to conform.

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

Senator SALEEBY moved to lay the amendment on the table.

The amendment was laid on the table.

Senator SHEALY proposed the following Amendment No. 5 (RES5000.003) to the motion of Senator NELL W. SMITH to amend the Senate Rules, which was tabled:

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

/SECTION . Nothing herein shall restrict a reasonable payment or honorarium for services unless the holding of the office is the primary reason for the invitation or agreement to render the service./

Amend title to conform.

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

Senator STILWELL moved to lay the amendment on the table.

The amendment was laid on the table.

The question then was the adoption of the motion by Senator NELL W. SMITH to amend the rules.

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

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

Gilbert Martschink Shealy
Waddell Wilson

*This Senator was not present in the chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

The motion to amend the rules of the Senate was adopted.

I voted "no" on the rule change to include major provisions of the pending ethics legislation because it does not include a bar to representation by legislators from appearing in a paid capacity before boards and commissions. The amendment is a positive step, but it does not go far enough.

I voted "no" on the amendment to the rules for two reasons. First, there was no prohibition against attorneys appearing before boards or commissions for compensation. Second, the prohibition against Senators or relatives doing business goes too far as it may prevent them from submitting sealed bids, thereby possibly affording a savings to the public.

The most meaningful items concerning reform are not in the rules changes. I fear that passage of ethics rules will be seen as solving the problem when exactly the opposite is true. We need revisions rather than lip service to revisions. Even though these changes are a step in right direction in some areas, they may serve to close the door on additional and needed reform.

Senator MOORE moved to withdraw his objection to the Bills on the statewide uncontested Calendar.

THE SENATE PROCEEDED TO A CALL OF THE STATEWIDE UNCONTESTED 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. 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.

Senator POPE explained the Bill.

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 POPE explained the Bill.

S. 220 -- Senator Mullinax: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-85 SO AS TO PROHIBIT A PERSON FROM OPERATING OR FLOATING A VESSEL HAVING A MARINE TOILET UNLESS IT DISCHARGES ONLY INTO A HOLDING TANK, DEFINE TERMS, REQUIRE CERTIFICATION OF THE DISCHARGE, AND PROVIDE PENALTIES.

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

Senator HAYES proposed the following Amendment No. 1 (BR1\1717.AC), which was adopted:

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

/SECTION 2. This act takes effect one year after approval by the Governor./

Amend title to conform.

Senator HAYES explained the amendment.

The amendment was adopted.

Senator LAND proposed the following Amendment No. 2 (AGR220.1), which was adopted:

Amend the bill further, as and if amended, page 2, by striking lines 21 through 24 in subsection (D) of Section 48-1-85, as contained in SECTION 1, and inserting therein the following:
/conviction, must be fined not more than two hundred dollars for each day's violation or imprisoned for not more than thirty days, or both."/

Renumber remaining subsections to conform.

Amend title to conform.

Senator LAND explained the amendment.

The amendment was adopted.

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

H. 3709 -- Rep. Altman: A BILL TO AMEND SECTION 12-37-2740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF DRIVER'S LICENSE AND REGISTRATION, SO AS TO PROVIDE THAT WRITTEN NOTIFICATION OF SUSPENSION BE IN A MANNER PROVIDED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

Senator LOURIE 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 LOURIE proposed the following amendment (DKA\3441.AL), which was adopted.

Amend the bill, as and if amended, SECTION 2, page 2, beginning on line 12, by deleting the sentence which reads: /The law enforcement agency must file each written request with the original accident report./

Amend title to conform.

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

H. 3768 -- Reps. Phillips and Wright: A BILL TO AMEND CHAPTER 59, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPRIETARY SCHOOLS, SO AS TO TRANSFER AUTHORITY FROM THE STATE BOARD OF EDUCATION TO THE STATE COMMISSION ON HIGHER EDUCATION; TO PROVIDE FOR THE STATE COMMISSION ON HIGHER EDUCATION TO PROMULGATE REGULATIONS AND PROVIDE FOR INTERIM REGULATIONS; AND TO REPEAL CHAPTER 61, TITLE 59, RELATING TO REGULATIONS PERTAINING TO COURSES OF INSTRUCTION.

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

Senator SETZLER proposed the following amendment (EDU3768.04), which was adopted:

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

/SECTION _. Chapter 101 of Title 59 of the 1976 Code is amended by adding:

"Section 59-101-350. (A) The Commission on Higher Education shall submit an annual report to the Governor and to the General Assembly. The annual report must be published prior to January fifteenth of each year beginning in 1993 and presented in a readable format so as to easily compare with peer institutions in South Carolina and other Southern Regional Education Board states, the state's public, post-secondary institutions. Prior to publication, the Commission on Higher Education shall distribute a draft of the report to all public, post-secondary institutions and shall allow comment upon the draft report. The Commission on Higher Education shall develop and adopt a format for the report and shall insure consistent reporting and collecting of the data in the report by the institutions.

(B) Each four-year, post-secondary institution shall submit to the commission the following information for inclusion in the report, with the South Carolina Department of Corrections' students identified and reported separately:

(1) the number and percentage of accredited programs and the number and percentage of programs eligible for accreditation;

(2) the number and percentage of undergraduate and graduate students who completed their degree program;

(3) the percent of lower division instructional courses taught by full-time faculty, part-time faculty, and graduate assistants;

(4) the percent and number of students enrolled in remedial courses and the number of students exiting remedial courses and successfully completing entry-level curriculum courses;

(5) the percent of graduate and upper division undergraduate students participating in sponsored research programs;

(6) placement data on graduates;

(7) the percent change in the enrollment rate of students from minority groups and the change in the total number of minority students enrolled over the past five years;

(8) the percent of graduate students who received undergraduate degrees at the institution, within the State, within the United States, and from other nations;
(9) the number of full-time students who have transferred from a two-year, post-secondary institution and the number of full-time students who have transferred to two-year, post-secondary institutions;
(10) student scores on professional examinations with detailed information on state and national means, passing scores, and pass rates, as available, and with information on such scores over time, and the number of students taking each exam; and

(11) appropriate information relating to each institution's role and mission.

(C) Each two-year, post-secondary institution shall submit to the commission the following information for inclusion in the report:

(1) the number and percentage of accredited programs and the number and percentage of programs eligible for accreditation;

(2) the number and percentage of undergraduate students who completed their degree program;

(3) the percent of courses taught by full-time faculty members, part-time faculty, and graduate assistants;

(4) placement rate on graduates;

(5) the percent change in the enrollment rate of students from minority groups and the change in the total number of minority students enrolled over the past five years;

(6) the number of students who have transferred into a four-year, post-secondary institution and the number of students who have transferred from four-year, post-secondary institutions; and

(7) appropriate information relating to the institution's role and mission.

(D) The Commission on Higher Education also shall develop with the cooperation of the public, post-secondary institutions, a uniform set of questions to be included in surveys to be used by each public, post-secondary institution in determining alumni satisfaction. The survey instruments must address the issues of overall satisfaction, satisfaction with major instruction, impact of general education, and current societal participation of alumni. Every two years the graduating class of three years prior must be surveyed by each institution using appropriate statistical techniques. Information from these surveys must be included every two years in the annual report as required herein.

(E) The Commission on Higher Education shall make no funding recommendation, capital outlay recommendation, distribution or certification on behalf of any public, post-secondary institution that has not submitted the information required pursuant to this section.

(F) After discussions with the institutions, the Commission on Higher Education in consultation with the House Education and Public Works Committee and the Senate Education Committee shall develop the format for the higher education report as required herein.

(G) The Commission on Higher Education is required to submit an annual report on the progress of institutions of higher education in implementing assessment programs and in their achievement of effectiveness goals."/

Amend title to conform.

Senator SETZLER 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.

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.

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 (JUD3476.1) was adopted as follows:

Amend the bill, as and if amended, page 1, line 24, in Section 62-7-302(a), as contained in SECTION 1 by striking /re-invest/ and inserting /reinvest/ .

Amend title to conform.

Senator POPE explained the amendment.

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

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.

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

Senator WADDELL proposed the following amendment (JIC\5805.HC), which was adopted:

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

/SECTION ___. Article 7, Chapter 9, Title 61 of the 1976 Code is amended by adding:

"Section 61-9-860. It is unlawful for a wholesaler to purchase advertising for a retailer or to participate in a joint advertising campaign with a retailer provided that a brewer or wholesaler may advertise on a retailer's premises and may purchase program advertising from a retailer at customary rates."/

Renumber sections to conform.

Amend totals and title to conform.

Senator WADDELL explained the amendment.

The amendment was adopted.

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

Because I hold a permit for distribution of beer and wine, I am submitting this statement that I did not vote on H. 3748 due to a conflict of interest.

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.

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

Having voted on the prevailing side, Senator LONG moved to reconsider the vote whereby Amendment No. 2 (N05\7627.BD), proposed by Senator LONG, was adopted.

There was no objection.

On motion of Senator LONG, with unanimous consent, Amendment NO. 2 (N05\7627.BD), proposed by Senator LONG, was withdrawn.

Senator DRUMMOND proposed the following Amendment No. 3 (BBM\9507.BD), which was adopted:

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

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

"Section 61-9-180. The holder of multiple retail beer and wine permits may transfer beer and wine from one permitted location to another if both locations are permitted to the same person, partnership, or corporation and, for beer, are in the same beer wholesaler territory defined in Section 61-9-1100."/

Renumber sections to conform.

Amend title to conform.

Senator DRUMMOND explained the amendment.

The amendment was adopted.

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

Because I hold a permit for distribution of beer and wine, I am submitting this statement that I did not vote on H. 3513 due to a conflict of interest.

H. 3269 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTIONS 12-36-120, 12-36-910, 12-36-920, 12-36-930, 12-36-2120, 12-36-2560, AND 12-36-2650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-36-560, 12-36-570, 12-36-1730, 12-36-1740, 12-36-2660, AND 12-36-2670, SO AS TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS RELATING TO RETAIL LICENSES AND THE CASUAL EXCISE TAX, TO PROVIDE FOR ENFORCEMENT, AND AUTHORIZE THE MEMBERS OF THE TAX COMMISSION OR THEIR DESIGNEES TO ADMINISTER OATHS OR TAKE ACKNOWLEDGMENTS.

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

Senator MACAULAY proposed the following Amendment No. 2 (JIC\5721.HC):

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

/SECTION ___. Section 4-10-20 of the 1976 Code, as added by Act 317 of 1990, is amended to read:

"Section 4-10-20. A county, upon referendum approval, may levy a sales and use tax of one percent on the gross proceeds of sales within the county area which are subject to tax under Chapter 35 36 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. The sale of items with a maximum tax levied in accordance with Sections 12-35-516, 12-35-518, and 12-35-510 and Article 11 of Chapter 35 of Title 12 Section 12-36-2110 are exempt from the local sales and use tax. Food items which may be purchased lawfully with United States Department of Agriculture food stamps are exempt from the local sales and use tax. The adopted rate also applies to tangible personal property subject to the use tax in Section 12-35-810 12-36-1310. Taxpayers required to remit taxes under Section 12-35-810 12-36-1310 shall identify the county or municipality in the county area in which tangible personal property purchased at retail is stored, used, or consumed in this State. Utilities are required to report sales in the county or municipality in which consumption of the tangible personal property occurs. A taxpayer subject to the tax imposed by Article 6, Chapter 35 of Title 12 Section 12-36-920, who owns or manages rental units in more than one county or municipality shall report separately in his sales tax return the total gross proceeds from business done in each county or municipality."/

Renumber sections to conform.

Amend title to conform.

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

Senator LAND moved to lay the amendment on the table.

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

Bryan Carmichael Drummond
Giese Gilbert Hayes
Helmly Hinds Holland
Land Leatherman McGill
Mullinax Passailaigue Pope
Shealy Waddell Williams

*Courson Fielding Hinson
Leventis Long Macaulay
Martschink Matthews McConnell
Mitchell Moore O'Dell
Patterson Peeler Reese
Rose Russell Setzler
Smith, J.V. Stilwell Thomas
Washington Wilson

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

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

Senator BRYAN objected to further consideration of the Bill.

H. 3272 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTIONS 4-10-90 AND 6-4-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTIMATING REVENUES AND CORRECTING ALLOCATIONS FOR PURPOSES OF THE LOCAL OPTION SALES TAX AND THE ACCOMMODATIONS TAX, SO AS TO PROVIDE THAT MISALLOCATIONS MAY BE CORRECTED ONLY BY ADJUSTING SUBSEQUENT ALLOCATIONS IN THE SAME FISCAL YEAR AS THE MISALLOCATION; TO AMEND SECTION 12-3-240, RELATING TO THE TAX COMMISSION'S AUTHORITY TO FURNISH INCOME TAX DATA TO MUNICIPALITIES WHICH LEVY A GROSS RECEIPTS TAX, SO AS TO ALLOW THE COMMISSION TO PROVIDE THE DATA TO COUNTIES; TO AMEND THE 1976 CODE BY ADDING SECTION 12-3-270 SO AS TO PROVIDE THAT FUNDS RECEIVED FROM COLLECTING WARRANTS FOR DISTRAINT MAY NOT SUPPLEMENT TAX COMMISSION APPROPRIATIONS AND MUST BE DEPOSITED IN THE GENERAL FUND OF THE STATE; TO AMEND SECTIONS 12-54-50 AND 12-54-120, RELATING TO FEES ON BAD CHECKS GIVEN TO THE TAX COMMISSION AND TAX LIENS, SO AS TO INCREASE THE FEE FROM TEN TO FIFTEEN DOLLARS, EXTEND THE FEE TO ELECTRONIC FUND TRANSFERS NOT MADE BECAUSE OF INSUFFICIENT FUNDS, AND PROVIDE THAT A TAX LIEN OPERATES IN THE SAME MANNER AS A JUDGMENT; TO AMEND SECTIONS 12-54-420 AND 12-54-460, RELATING TO THE SETOFF DEBT COLLECTION ACT, SO AS TO PROVIDE THAT DEBT SETOFFS MAY BE MADE FOR PRIVATE INSTITUTIONS OF HIGHER LEARNING ONLY FOR STATE-AUTHORIZED STUDENT LOANS AND TO PROVIDE A NOTICE PROCEDURE BEFORE A SETOFF MAY BE MADE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-54-495 SO AS TO PROVIDE THAT CLAIMANT AGENCIES UNDER THE SETOFF DEBT COLLECTION ACT MUST INDEMNIFY THE TAX COMMISSION FOR LIABILITIES ARISING UNDER THE ACT.

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

Senators McCONNELL and PASSAILAIGUE proposed the following Amendment No. 4 (RES3272.01), which was tabled:

Amend the bill, as and if amended, page 2, after line 3, by adding an appropriately numbered new section to read:

/SECTION __. Section 4-10-50 of the 1976 Code is amended to read:

"(A) The revenue generated in a county area and set aside and allocated to the County/Municipal Revenue Fund must be distributed to the county and the municipalities in the county area as follows:

(1) fifty percent based upon the location of the sale;

(2) fifty percent based on population.

(B) The population of the county is the population of the county area, and the population of the municipalities is the population within the corporate boundaries of the municipalities in the county area.
(C) If a special purpose or public service district levies millage in a county area for any service described in Section 6-11-10, a portion of the revenue distributed to the county from the Property Tax Credit Fund must be distributed to the district and used to roll back the district's millage in the manner provided in subsections (B) and (C) of this section, mutatis mutandis. The special purpose districts in a county area are to collectively receive a percentage equal to the aggregate of the budgets of all of the county's special purpose districts in relation to the total budget of the county area. Each special purpose district in a county area, then, is to receive a portion of the above percentage equal to the individual special purpose district's budget in relation to the total budget of all the special purpose districts in the county area."/

Amend title to conform.

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

Senator LAND moved to lay the amendment on the table.

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

Bryan Carmichael Drummond
Fielding Gilbert Hayes
Hinds Hinson Holland
Land Leatherman Leventis
Long Lourie McGill
Moore Mullinax O'Dell
Pope Saleeby Setzler
Shealy Thomas Waddell
Washington

*Courson Giese Helmly
Macaulay Martschink McConnell
Mitchell Passailaigue Patterson
Peeler Reese Rose
Russell Smith, J.V. Stilwell
Williams Wilson

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

The amendment was laid on the table.

Senator MACAULAY proposed the following Amendment No. 5 (RES3272.02), which was tabled:

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

/SECTION . Chapter 10 of Title 4 of the 1976 Code, as added by Act 317 of 1990, is repealed./

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

/SECTION . Section 12-36-2600 of the 1976 Code, as added by Act 612 of 1990, is amended by deleting subsection (D)./

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

/SECTION . Any funds allocated and distributed to the South Carolina Tax Commission before the effective date of this act to defray the administrative start-up expenses incurred by the commission for the implementation of the local option sales and use tax may be retained by the commission./

Amend title to conform.

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

Senator LAND moved to lay the amendment on the table.

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

Bryan Carmichael Drummond
Fielding Gilbert Hayes
Helmly Hinds Hinson
Land Leatherman Martschink
McGill Mullinax O'Dell
Passailaigue Patterson Pope
Shealy Smith, N.W. Stilwell
Waddell Washington Williams

*Courson Giese Leventis
Long Macaulay Matthews
McConnell Mitchell Moore
Peeler Reese Rose
Russell Setzler Smith, J.V.
Thomas Wilson

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

The amendment was laid on the table.

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

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.

(By prior motion of Senator RUSSELL)

H. 3070 -- Reps. Littlejohn, Rama and Whipper: A BILL TO AMEND SECTION 29-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE TO PAY A LABORER, SUBCONTRACTOR, OR MATERIALMAN, SO AS TO INCREASE THE PENALTY.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

The amendment proposed by the Committee on Labor, Commerce and Industry (LCI3070.1) was adopted as follows:

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

SECTION 1. Section 29-7-10 of the 1976 Code is amended to read:

"Section 29-7-10. Any contractor or subcontractor in the erection, alteration or repairing of buildings in this State shall pay all laborers, subcontractors and materialmen for their lawful services and material furnished out of the money received for the erection, alteration or repairs of buildings upon which such laborers, subcontractors and materialmen are employed or interested and such laborers, as well as all subcontractors and persons who shall furnish material for any such building, shall have a first lien on the money received by such contractor for the erection, alteration or repair of such building in proportion to the amount of their respective claims. Any person providing private security guard services at the site of the building during its erection, alteration or repair shall be deemed to be a laborer within the meaning of this section. Nothing herein contained shall make the owner of the building responsible in any way and nothing contained in this section shall be construed to prevent any contractor or subcontractor from borrowing money on any such contract. "Person" as used in this section shall mean any individual, corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization or other such entity.

SECTION 2. Section 29-7-20 of the 1976 Code is amended to read:

"Section 29-7-20. (1) Any A contractor or subcontractor who shall, for other purposes than paying the money loaned upon such contract, expend transfers, invests or expends and on that account fail fails to pay to any a laborer, subcontractor or materialman out of the money received as provided in Section 29-7-10 shall be is guilty of a misdemeanor and, upon conviction, when the consideration for such the work and material shall exceed exceeds the value of one hundred dollars shall must be fined not less than one five hundred dollars nor more than five hundred one thousand dollars or imprisoned not less than three months nor more than twelve six months and when such consideration shall does not exceed the value of one hundred dollars shall must be fined not more than one five hundred dollars or imprisoned not longer than thirty days.

(2) Any person who willfully and intentionally certifies to any owner or lending institution by affidavit or otherwise that all persons, firms or corporations including subcontractors and materialmen having furnished services, labor or materials or extra items used in the construction, improvement or repair to the owner's building or real property have been paid in full, when such persons have not been paid in full, except with regard to services or materials concerning which all lien rights have been waived in writing, shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than five thousand dollars or imprisoned not more than sixty days, or both. Provided, however, that an agreement to waive the right to file or claim a lien for labor and materials is against public policy and is unenforceable unless payment substantially equal to the amount waived is actually made.

(3) Unless otherwise provided in an agreement between the parties, a contractor or subcontractor may set off, against the money upon which a laborer, subcontractor, or materialman has a lien as provided by Section 29-7-10, any debt claimed to be owed to the contractor by such laborer, subcontractor or materialman, based upon a good faith claim that those services and materials for which payment is claimed by the laborer, subcontractor, or materialman were defective. In order to make such a setoff, a declaration and accounting thereof must be included in any certificate submitted with an application for payment and a copy thereof, or a separate notarized original of the declaration, must be sent by certified mail to the affected laborer, subcontractor, or materialman at the time the certificate is submitted.

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

Amend title to conform.

Senator LEATHERMAN 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 Bills and Joint Resolution having been read the second time were passed and ordered to a third reading:

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.

Senator POPE explained the Bill.

On motion of Senator POPE, H. 3712 was ordered to receive a third reading on Thursday, June 6, 1991.

S. 805 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 40-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF ARCHITECTURAL EXAMINERS AND APPOINTMENT, TERM, AND VACANCIES, SO AS TO PROVIDE THAT THE MEMBER OF THE STATE BOARD OF ARCHITECTURAL EXAMINERS WHO IS A PROFESSOR OF ARCHITECTURE IN A UNIVERSITY OR COLLEGE CONTROLLED BY THE STATE MUST ALSO BE AN ARCHITECT REGISTERED IN THE STATE OF SOUTH CAROLINA; TO AMEND SECTION 40-3-60, AS AMENDED, RELATING TO QUALIFICATIONS AND EXAMINATION OF APPLICANTS FOR ADMISSION TO PRACTICE ARCHITECTURE AND THE ISSUANCE OF A CERTIFICATE OF REGISTRATION, SO AS TO PROVIDE THAT CONVICTION OF A CRIME OF MORAL TURPITUDE PREVENTS THE ISSUANCE OF A CERTIFICATE TO AN APPLICANT; TO AMEND SECTION 40-3-80, AS AMENDED, RELATING TO APPLICATION FEES AND EXAMINATION FEES UNDER THE ARCHITECTS LAW, SO AS TO DELETE SPECIFIC CEILINGS FOR THE AMOUNTS OF THESE FEES AND PROVIDE THAT THE FEES MUST BE AS DETERMINED BY THE BOARD; TO AMEND SECTION 40-3-90, AS AMENDED, RELATING TO THE ANNUAL RENEWAL FEE UNDER THE ARCHITECTS LAW, SO AS TO REFERENCE "ARCHITECTURAL BUSINESS CORPORATION" AND "ARCHITECTURAL PROFESSIONAL CORPORATION", DELETE THE CEILING FOR THE AMOUNT OF THE ANNUAL RENEWAL FEE AND PROVIDE THAT THE FEE MUST BE AS DETERMINED BY THE BOARD, AND INCREASE THE AMOUNT OF THE PENALTY; TO AMEND SECTION 40-3-100, AS AMENDED, RELATING TO THE PRACTICE OF ARCHITECTURE BY PARTNERSHIPS, CORPORATIONS, OR PROFESSIONAL ASSOCIATIONS AND CERTIFICATE OF AUTHORIZATION, SO AS TO REFERENCE "ARCHITECTURAL BUSINESS CORPORATIONS" AND "ARCHITECTURAL PROFESSIONAL CORPORATIONS", AND DELETE THE CEILING FOR THE AMOUNT OF THE ORIGINAL AUTHORIZATION FEE AND PROVIDE THAT THE FEE MUST BE AS DETERMINED BY THE BOARD; TO AMEND SECTION 40-3-110, AS AMENDED, RELATING TO THE REQUIRED ARCHITECTURAL SEAL, SO AS TO REFERENCE "ARCHITECTURAL BUSINESS CORPORATION" AND "ARCHITECTURAL PROFESSIONAL CORPORATION" AND PROVIDE FOR CHANGES IN THE PROVISIONS OF LAW SPECIFYING WHERE EACH SEAL MUST APPEAR; TO AMEND SECTION 40-3-120, AS AMENDED, RELATING TO SUSPENSION OR REVOCATION OF ARCHITECTURAL REGISTRATION CERTIFICATE, PROCEDURES, RESTRAINTS AND CIVIL PENALTIES, AND APPEAL, SO AS TO PROVIDE THAT NO ACTION MAY BE TAKEN BY THE BOARD UNTIL THE REGISTRANT HAS BEEN FURNISHED WITH A CERTAIN STATEMENT AND A NOTICE OF THE TIME AND PLACE OF THE HEARING REGARDING CHARGES, PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT, RATHER THAN "AT LEAST NINETY DAYS PRIOR TO THE DATE OF THE HEARING"; TO AMEND SECTION 40-3-125, RELATING TO REVOCATION OR SUSPENSION OF CERTIFICATE OF AUTHORIZATION UNDER THE ARCHITECTS LAW, SO AS TO REFERENCE "ARCHITECTURAL BUSINESS CORPORATION" AND "ARCHITECTURAL PROFESSIONAL CORPORATION"; TO AMEND THE 1976 CODE BY ADDING SECTION 40-3-135 SO AS TO PROVIDE THAT THE BOARD OF ARCHITECTURAL EXAMINERS OR ANY MEMBER OF THE BOARD MAY ISSUE SUBPOENAS FOR WITNESSES AND DOCUMENTS, AND PROVIDE THAT THE CIRCUIT COURT HAVING APPROPRIATE JURISDICTION SHALL ENFORCE ANY SUBPOENAS ISSUED PURSUANT TO THIS SECTION; TO AMEND SECTION 40-3-150, RELATING TO THE PENALTIES FOR VIOLATING THE ARCHITECTS LAW, SO AS TO INCREASE THE PRESCRIBED FINE; TO AMEND SECTION 40-3-160, RELATING TO ACTIVITIES AND PRACTICES WHICH ARE NOT PROHIBITED BY CHAPTER 3 OF TITLE 40, "ARCHITECTS", SO AS TO PROVIDE FURTHER WITH RESPECT TO THE PREPARATIONS OF PLANS AND SPECIFICATIONS FOR CERTAIN BUILDINGS TO WHICH THE CHAPTER DOES NOT APPLY IF THE DRAWINGS AND SPECIFICATIONS, ARE SIGNED BY THE AUTHORS WITH THE TRUE TITLE OF THEIR OCCUPATIONS; TO AMEND SECTION 40-3-170, RELATING TO SERVICE OF PROCESS UNDER THE ARCHITECTS LAW, SO AS TO REPLACE "EXECUTIVE SECRETARY" OF THE BOARD WITH "EXECUTIVE DIRECTOR" OF THE BOARD, WITH RESPECT TO CERTAIN DUTIES OR ACTIONS; AND TO AMEND SECTION 40-3-180, RELATING TO THE REQUIREMENT THAT THE PERSON ISSUING A BUILDING PERMIT MUST VERIFY THAT THE ARCHITECT WHO SEALED THE ARCHITECTURAL PLANS AND SPECIFICATIONS IS AN ARCHITECT REGISTERED IN SOUTH CAROLINA AND EXCEPTIONS, SO AS TO REQUIRE THAT THIS PERSON ALSO BE IN POSSESSION OF A SEALED SET OF ARCHITECTURAL PLANS AND SPECIFICATIONS, DELETE CERTAIN PROVISIONS, AND PROVIDE THAT THIS SECTION APPLIES TO ALL BUILDINGS OR STRUCTURES EXCEPT THOSE SPECIFICALLY EXCLUDED IN SECTION 40-3-160.

On motion of Senator J. VERNE SMITH, S. 805 was ordered to receive a third reading on Thursday, June 6, 1991.

S. 1017 -- Senator Drummond: A BILL TO AMEND SECTION 7-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT THE COMMISSION MEET "AT ITS OFFICES IN COLUMBIA" AND PROVIDE INSTEAD THAT THE COMMISSION MEET AT PLACES AS THE COMMISSION DETERMINES; TO AMEND SECTION 7-17-70, RELATING TO COUNTY BOARDS OF CANVASSERS AND THE HEARING OF APPEALS BY THE BOARD OF STATE CANVASSERS UNDER THE ELECTION LAWS, SO AS TO DELETE THE REQUIREMENT THAT THE STATE BOARD MEET "IN COLUMBIA" FOR THIS PURPOSE; AND TO AMEND SECTION 7-17-220, RELATING TO THE MEETING OF THE BOARD OF STATE CANVASSERS AFTER A GENERAL ELECTION, SO AS TO DELETE THE REQUIREMENT THAT THE BOARD MEET "AT THE OFFICE OF THE ELECTION COMMISSION".

Senator DRUMMOND explained the Bill.

On motion of Senator DRUMMOND, S. 1017 was ordered to receive a third reading on Thursday, June 6, 1991.

H. 3797 -- Rep. Hodges: A BILL TO AMEND SECTION 12-19-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF CERTAIN ORGANIZATIONS FROM CORPORATE LICENSE FEES AND RELATED PROVISIONS, SO AS TO ALSO EXEMPT STATE-CHARTERED CREDIT UNIONS.

Senator WADDELL explained the Bill.

On motion of Senator WADDELL, H. 3797 was ordered to receive a third reading on Thursday, June 6, 1991.

H. 3842 -- Rep. T.C. Alexander: A BILL TO AMEND SECTION 41-33-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUISITIONING AND USE OF MONEY IN THE UNEMPLOYMENT TRUST FUND FOR THE PAYMENT OF ADMINISTRATION EXPENSES, SO AS TO FURTHER PROVIDE FOR CONDITIONS UNDER WHICH THESE FUNDS MAY BE USED FOR THESE PURPOSES.

On motion of Senator DRUMMOND, H. 3842 was ordered to receive a third reading on Thursday, June 6, 1991.

S. 826 -- Senators Pope and Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-296, SO AS TO PERMIT POLITICAL SUBDIVISIONS OF THIS STATE, INCLUDING SCHOOL DISTRICTS, TO MAINTAIN AND CARRY FORWARD REASONABLE POSITIVE GENERAL FUND BALANCES FROM FISCAL YEAR TO FISCAL YEAR INCLUDING, BUT NOT LIMITED TO, THOSE YEARS IN WHICH PROPERTY WITHIN THE POLITICAL SUBDIVISION OR SCHOOL DISTRICT IS SUBJECT TO REASSESSMENT.

Senator POPE explained the Bill.

On motion of Senator WADDELL, S. 826 was ordered to receive a third reading on Thursday, June 6, 1991.

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.

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.

On motion of Senator GIESE, H. 3539 was ordered to receive a third reading on Thursday, June 6, 1991.

H. 3408 -- Rep. Kirsh: A BILL TO AMEND SECTION 39-55-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF THE CEMETERY BOARD, SO AS TO DELETE THE PROVISIONS FOR TWO MEMBERS TO BE APPOINTED FROM NOMINATIONS BY THE CEMETERY ASSOCIATION AND FOR INITIAL TERMS, PROVIDE FOR NOMINATIONS FROM AN INDIVIDUAL, A GROUP, OR AN ASSOCIATION, AND PROVIDE FOR APPOINTMENT AFTER A VACANCY; TO AMEND SECTION 39-55-95, RELATING TO LICENSES FOR THE OPERATION OF A CEMETERY, SO AS TO DECREASE THE REQUIRED EXPERIENCE FOR A GENERAL MANAGER FROM TWO YEARS TO ONE YEAR; TO AMEND SECTION 39-55-115, RELATING TO POWERS AND DUTIES OF THE BOARD, SO AS TO PROVIDE ADDITIONAL DUTIES REGARDING INVESTIGATIONS OF LICENSEES AND REVOCATION AND SUSPENSION OF LICENSES AND PROVIDE FOR APPLICATION OF THE ADMINISTRATIVE PROCEDURES ACT TO RELATED PROCEEDINGS; TO AMEND SECTION 39-55-125, RELATING TO RECORDS AND REGULATIONS OF A CEMETERY, SO AS TO PROHIBIT CERTAIN REGULATIONS, PROVIDE FOR THE ASSESSMENT OF FEES, DEFINE LABOR COSTS, AND PROVIDE FOR THE ESTABLISHMENT, AMENDMENT, AND ABOLISHMENT OF REGULATIONS PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 39-55-185, RELATING TO THE MERCHANDISE TRUST FUND, SO AS TO REQUIRE A FINANCIAL REPORT TO BE SIGNED BY A LICENSED ACCOUNTANT; AND TO REAUTHORIZE THE EXISTENCE OF THE CEMETERY BOARD FOR FIVE YEARS.

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

Senators HINDS and LAND proposed the following Amendment No. 1 (N05\7619.BD), which was adopted:

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

/SECTION 1. Section 39-55-55 of the 1976 Code is amended to read:

"Section 39-55-55. The board consists of seven eight members, six of whom and seven must be appointed by the Governor. The Secretary of State is a member ex officio, is a nonvoting member who may not vote even when there is a tie vote, and shall serve serves as chairman of the board. Two appointed members must be public members who have no financial interest in and are not involved in the management of any a cemetery or funeral related business, two four members must be owners or managers of cemeteries in this State, and two members must who may be selected from four nominees submitted by the South Carolina Cemetery Association, and one member must be a monument dealer in this State who may be selected from nominees submitted by the Monument Builders of the Carolinas. The Governor may reject any or all of the nominees submitted by the Cemetery Association upon satisfactory showing of unfitness of those rejected. If the Governor declines to appoint any of the nominees so submitted, additional nominees must be submitted in the same manner. Of the six appointed members, two of the initial board must be appointed for a term of two years, two for a term of three years, and two for a term of four years. At the end of their respective terms, successors must be selected in the same manner and appointed Nominations for appointment may be received by the Governor from an individual, a group, or an association in this State. Members must be appointed for terms of four years and until their successors are appointed and qualify. Any An appointment to fill a vacancy on the board created by the resignation, dismissal, death, or disability of a member is for the balance of the unexpired term in the manner of the original appointment."

SECTION 2. Section 39-55-95 of the 1976 Code is amended to read:

"Section 39-55-95. (a)(A) No legal entity may engage in the business of operating a cemetery company, except as authorized by this chapter, without first obtaining a license from the board.

(b) (B) Any A legal entity wishing to establish a cemetery shall file a written application for authority to do so with the board on forms prescribed and provided by it.

(c) (C) Upon receipt of the application and a nonrefundable filing fee of at least four hundred dollars the board shall cause an investigation to be made to establish the following criteria for approval of the application:

(1) the creation of a legal entity to conduct a cemetery business and the proposed financial structure.;

(2) An establishment and maintenance of an irrevocable care and maintenance trust fund agreement must be established and maintained with a trust institution doing business in this State, with an initial deposit of not less than fifteen thousand dollars and a bank cashier's or certified check attached for the amount and payable to the trustee with the trust executed by the applicant and accepted by the trustee, conditioned only upon the approval of the application.;

(3) A presentation of a plat of the land to be used for a cemetery showing the county or municipality and the names of roads and access streets or ways.;

(4) designation by the legal entity, wishing to establish a cemetery, of a general manager who must be a person having had not less than two years' one year's experience in the cemetery business.;

(5) presentation of development plans sufficient to ensure the community that the cemetery will provide adequate cemetery services and that the property is suitable for use as a cemetery.

(d) (D) The board, after receipt of the investigating report and within ninety days after receipt of the application, shall grant or refuse to grant the authority to organize a cemetery.

(e) (E) If the board intends to deny an application, it shall give written notice to the applicant of its intention to deny. The notice shall must state a time and place for a hearing before the board and a summary statement of the reasons for the proposed denial. The notice of intent must be mailed by certified mail to the applicant at the address stated in the application at least fifteen days prior to before the scheduled hearing date. Notwithstanding any other provision of law, any An appeal from the board's decision must be is to the circuit court.

(f) (F) If the board intends to grant the authority it shall give written notice that the authority to organize a cemetery has been granted and that a license to operate will be issued upon the completion of the following:

(1) establishment of the irrevocable care and maintenance trust fund and receipt by the board of a certificate from the trust institution certifying receipt of the initial deposit required under this chapter.;

(2) development, ready for burial, of not less than two acres, certified by inspection of the board or its representative.;

(3) presentation of a description, by metes and bounds, of the acreage tract of the proposed cemetery, together with evidence, by title insurance policy or certificate or certification by an attorney at law, that the applicant is the owner in fee simple of the tract of land, which must contain not less than thirty acres and that the fee simple title of the tract of not less than thirty acres is free and clear of all encumbrances. In counties with a population of less than thirty-five thousand inhabitants according to the latest official United States census the tract need needs to be only fifteen acres.

(4) Submit submission to the board for its approval a copy of regulations as defined in Section 39-55-125."

SECTION 3. Section 39-55-115 of the 1976 Code is amended to read:

"Section 39-55-115. (A) In addition to other powers and duties conferred by this chapter upon the board, the board it also has the following powers and duties:

(1) Prior to the change of control of any cemetery company, to examine the licensee's records, and, if the board considers it advisable, to assess applicable fees provided for in this chapter or by regulation.;

(2) At any time investigate, upon its own initiative or upon a verified complaint in writing, the actions of a person engaged in the business or acting in the capacity of a licensee under this chapter. A license may be revoked or suspended by the board for not more than two years or until compliance with a lawful order imposed by the board in the final order of suspension, or both, if the licensee in performing or attempting to perform acts specified in this chapter:

(a) fails to pay the required fees;

(b) fails to make required reports;

(c) fails to remit to the care and maintenance trust fund or merchandise trust fund the required amounts;

(d) makes a substantial misrepresentation;

(e) makes a false statement likely to influence or persuade;

(f) continually and flagrantly misrepresents or makes false promises through cemetery agents or salesmen;

(g) violates this chapter or regulations promulgated by the board; or

(h) acts in a manner which constitutes fraud or dishonest dealing, whether of the same or a different character than specified in this section.

When the board finds it necessary to bring an action in the name of the State in the circuit court of the county in which the licensed place of business is located against any a person who is the director, the owner, or an officer of a cemetery company to enjoin the person from engaging in or continuing any a violation of this chapter or of any regulation regulations or order orders promulgated pursuant to it. In any an action of this nature an order or judgment may be entered by the court awarding a temporary restraining order, temporary injunction, or permanent injunction, as is considered proper. Before this action may be brought, the board shall give the person at least thirty days' notice in writing, stating the alleged violation and giving the person an opportunity within that period to correct the violation or to request by certified mail a hearing before the board. In addition to all other powers under provisions of law governing the issuance and the enforcement of a temporary restraining order, temporary injunction, or a permanent injunction, the court has the power and jurisdiction to impound and appoint a receiver for the property and business of the person, including books, papers, documents, and records, or so much of these as the court considers reasonably necessary to prevent further violation of this chapter or of any regulation regulations or order orders promulgated pursuant to it through or by means of the use of the property and business. The board may institute proceedings against the cemetery or its officers or owners where, after an examination, pursuant to this chapter, a shortage in the care and maintenance trust fund is discovered so as to recover the shortage. The board in its discretion may enter into a written compliance agreement requiring the cemetery or its officers or owners to fund the discovered shortage within a certain time in the discretion of the board. The time may not exceed two years after the discovery of the shortage.

(B) The Administrative Procedures Act applies to proceedings under this chapter or the revocation or suspension of licenses."

SECTION 4. Section 39-55-125 of the 1976 Code is amended to read:

"Section 39-55-125. A. (A) A record must be kept of every lot owner and every burial in the cemetery showing the date of purchase, date of burial, name of the person buried and of the lot owner, and space in which the burial was made. All sales Sales, trust funds, accounting records, and other records of the licensee must be available at the licensee's principal place of business and must be readily available at all reasonable times for examination by an the chairman or other authorized representative of the board. In addition, the owner of a perpetual care cemetery shall have the records of the perpetual care cemetery examined annually by a licensed public accountant and shall submit a copy of the report to the board.

B. (B) A record must be kept of each written complaint received, action taken, and disposition of complaint. These records must be available for examination by the chairman or other authorized representatives of the board.

C. (C) (1) (a) The owner of every a cemetery shall adopt, and enforce regulations for the use, care, control, management, restriction, and protection of the cemetery and of all its parts and subdivisions thereof; for regulating, the use of all property within a cemetery; for regulating, the introduction and care of plants or shrubs within the grounds; for regulating, the conduct of persons and preventing prevention of improper assemblages therein;, and for all other purposes considered necessary by the owner of the cemetery for the proper conduct of the business of the cemetery and the protection of the premises and the principles on which the cemetery was organized. The owner may amend or abolish such the regulations pursuant to item (4).

(b) The regulations must be plainly printed or typewritten plainly, posted conspicuously, and maintained subject to inspection at the usual place for transacting the regular business of the cemetery. However, no cemetery licensed under the provisions of this chapter may adopt any a regulation in conflict with any of the provisions of this chapter or in derogation of the contract rights of lot owners.

(2)(a) The owner of every a cemetery shall have the further right to establish reasonable regulations regarding the type material, design, composition, finish, and specifications, and installation of any and all merchandise to be used or installed in the cemetery.
Reasonable regulations may further be adopted regarding the installing by the cemetery or others of all merchandise to be installed in the cemetery. However, no regulation may be adopted which:

(i) requires the owner or purchaser of a lot to purchase a monument or marker or the actual installation of a monument or marker from the cemetery company;

(ii) restricts the right of the owner or purchaser of a lot to purchase a monument or marker or the actual installation of a monument or marker from a vendor of his choice;

(iii) charges the owner or purchaser of a lot a fee for purchasing a monument or marker or the actual installation of a monument or marker from a vendor or charges a vendor a fee for delivering the monument or marker;

(iv) discriminates against an owner or a purchaser of a lot who has purchased a monument or marker or the actual installation of a monument or marker from a vendor.

(b) subitem (a) does not prohibit the cemetery from charging the owner or purchaser of a lot a reasonable fee for services relating to the installation, care, and maintenance of a monument or marker, including, but not limited to, the survey, recording, and supervision of the monument or marker, whether or not it is purchased from a cemetery or an outside vendor.

(c) These regulations must be posted conspicuously and maintained, subject to inspection, at the usual place for transacting the regular business of the cemetery. No cemetery owner may prevent the use of any merchandise purchased by a lot owner, or his representative, agent, or heirs, or assigns from any source, if the merchandise meets all cemetery regulations.

(3) When a cemetery lot is sold the cemetery shall disclose on the sales contract cemetery services for which there may be a later charge. When a monument, marker, or memorial is sold by a cemetery company, the cemetery shall provide on the sales contract an itemized statement of the fees charged for installation, care, and maintenance of it. Fees charged for installation, care, and maintenance of a monument, marker, or memorial must be shown on the statement as charges separate from its price, and the statement must disclose the amount of fees to be placed in trust by the cemetery company. The board shall promulgate regulations to provide a form for the disclosure of fees and services.

(4) All Regulations established, amended, or abolished by a cemetery pursuant to this subsection must be submitted to the board for its approval."

SECTION 5. Section 39-55-185 of the 1976 Code is amended to read:

"Section 39-55-185. (A) Any A person receiving funds from the sale of merchandise for use in a cemetery in connection with the burial or commemoration of a deceased human being when the use of the merchandise is not immediately requested or required immediately shall deposit the funds in a merchandise trust fund administered by a trust institution.

The cemetery company shall maintain a record of each deposit into any such the account and shall, identify the name of the purchaser, the amount of the actual cost to the seller, and the amount of money to be deposited, and maintain a copy of the contract for the merchandise. Nothing contained herein prohibits This section does not prohibit the trustee from commingling the deposits in any a trust fund of this kind for purposes of the management to manage and investment of invest the funds.

(B) When any a memorial, a mausoleum crypt, or other merchandise is sold in advance of need and not installed until a later date, one hundred percent of the actual cost to the seller at the time of deposit must be placed in a trust institution within sixty days after completion of the contract, with interest to accrue, and may must not be withdrawn without the consent of the purchaser until the time of delivery or construction.

(C)(1) The funds must be held in a merchandise trust fund both as to principal and income earned and must remain intact, except that the cost of the operation of the trust may be deducted from the income until delivery of the merchandise is made by the cemetery company or other entity. Upon delivery of the merchandise, the cemetery company or other entity shall certify these facts to the trustee. Upon this certification, the amount of money on deposit to the credit of that particular contract, including principal and income, must be paid to the cemetery company, or other entity. The trustee may rely upon all certifications of this kind and is not liable to anyone for this reliance.

(2) If for any reason a cemetery company or other entity which has entered into a contract for the sale of merchandise cannot or does not provide within a reasonable time the merchandise that has been fully paid for fully and called for by the contract after request in writing to do so, the purchaser or his heirs, or assigns, or duly authorized representative is entitled to may receive the entire amount paid on the contract and any income earned by the merchandise trust fund for that particular item. Reasonable time excludes riots, strikes, acts of war, or any delays beyond the control of the cemetery company or other entity.

(D) At any time after After payment in full and prior to before delivery of merchandise, a purchaser may make written demand for a refund of the amount deposited in the merchandise trust fund to the credit of the purchaser, and, within thirty days of receipt of the written demand, the trustee shall refund to the purchaser the amount on deposit to his credit, less reasonable commission fees and administrative costs, together with all interest, dividends, increases, or accretions earned on the fund. Upon such the refund, the cemetery company is relieved from any further liability for this merchandise.

(E) The trustee shall, annually and within ninety days after the end of the calendar year, shall file a financial report, signed by a licensed accountant, of the merchandise trust fund with the board on forms provided by the board, setting forth the principal, investments, and payments made and the income earned and disbursed. The board may require the trustee to make additional financial reports as the board considers advisable.

(F) The board may examine the business of any a cemetery company or other entity writing contracts for the sale of the property or services described in this section. The written report of the examination must be filed in the office of the board. Any A person or an entity being examined shall produce the records of the company needed for the examination.

(G) Any A provision of any a contract for the sale of merchandise described in this section which provides that the purchaser or beneficiary may waive any of the provisions of this section is void.

(H) All cemetery Cemetery owners shall have a full and complete schedule of all charges for services provided by the cemetery plainly printed or typewritten, posted conspicuously, and maintained, subject to inspection and copying at the usual place for transacting the regular business of the cemetery.

(I) Any A cemetery company or other entity failing to make required contributions to a care and maintenance trust fund or to a merchandise trust fund is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 39-55-265.

(J) If any a report is not received within the required time stipulated herein, the board may levy and collect a penalty of twenty-five dollars per a day for each day of delinquency."

SECTION 6. The members added to the South Carolina Cemetery Board in Section 39-55-55 of the 1976 Code in Section 1 of this act must be appointed upon the expiration of the terms of current board members who serve until their terms expire.

SECTION 7. In accordance with Section 1-20-60 of the 1976 Code, the existence of the South Carolina Cemetery Board is reauthorized for five years.

SECTION 8. This act takes effect upon approval by the Governor./

Amend title to conform.

Senator HINDS asked unanimous consent to make a motion that he be granted leave to perfect the amendment.

Senator REESE objected.

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

Senator HINDS moved that the amendment be adopted.

The amendment was adopted.

Senator DRUMMOND spoke on the Bill.

Senator DRUMMOND objected to further consideration of the Bill.

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.

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

Senator BRYAN proposed the following Amendment No. 5 (N05\7631.BD), which was adopted:

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

/SECTION 2. A corporation which acquires eight or more existing textile manufacturing facilities in South Carolina which employed at the time of acquisition a total of three thousand, five hundred or more employees located in a county of this State may receive the five-year abatement pursuant to Section 12-37-220A.(7) of the 1976 Code from the time of acquisition. For purposes of this item acquisition means asset transactions which are arms-length and include new capital."

SECTION 3. The five-year abatement pursuant to Section 2 of this act applies to tax years 1991, 1992, and 1993.

SECTION 4. This act takes effect upon approval by the Governor, and Section 2 is effective with respect to acquisitions after April 30, 1988./

Amend title to conform.

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

The amendment was adopted.

Senator WADDELL proposed the following Amendment No. 6 (BBM\9521.HC), which was tabled:

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

/SECTION ___. Act 317 of 1990 is amended by deleting Section 3(B), which reads:

(B) The amount allocated to the commission pursuant to subsection (A) must be reimbursed by the commission from the administrative expense provided to the commission in Section 4-10-90(B) of the 1976 Code, as added in Section 1 of this act./

Renumber sections to conform.

Amend totals and title to conform.

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

Senator WADDELL moved that the amendment be adopted.

Senator ROSE argued contra to the amendment.

Senator ROSE moved to lay the amendment on the table.

A division was requested.

A division was taken, resulting in a vote of 15-10.

The amendment was laid on the table.

Senator MACAULAY proposed the following Amendment No. 2 (JIC\5723.HC), which was tabled:

Amend the bill, as and if amended, by inserting three appropriately numbered sections to read:

/SECTION ___. Section 4-10-30(D) of the 1976 Code, as added by Act 317 of 1990, is amended to read:

"(D) Two weeks before the referendum the county council and the municipal councils in the county area shall publish in a newspaper of general circulation within the jurisdiction the anticipated credit against property taxes on property assessed at a four percent ratio in the first year of implementation of the property tax credit fund. The notice must show the anticipated credit on the following classes of property:

(1) a primary residence;

(2) personal property including, but not limited to, an automobile;

(3) a commercial facility;

(4) an industrial facility a primary residence valued at fifty thousand dollars and a primary residence valued at one hundred thousand dollars."

SECTION ___. Section 4-10-40(B) of the 1976 Code, as added by Act 317 of 1990, is amended to read:

"(B) All of the revenue received by a county and municipality from the Property Tax Credit Fund must be used to provide a credit against the property tax liability of taxpayers in the county and municipality on property assessed at a four percent ratio in an amount determined by multiplying the appraised value of the taxpayer's taxable property by a fraction in which the numerator is the total estimated revenue received by the county or municipality from the Property Tax Credit Fund during the applicable tax year and the denominator is the total of the appraised value of taxable property assessed at a four percent ratio in the county or municipality as of January first of the applicable taxable year."

SECTION ___. Section 4-10-90(B)(5) of the 1976 Code, as added by Act 317 of 1990, is amended to read:

"(5) During the fifth year after the effective date of this act, and each year thereafter, seventy-one percent to the Property Tax Credit Fund and twenty-nine percent to the County/Municipal Revenue Fund.
The allocation of revenue to each fund provided for in this section must remain uniform as to the percentage allocated to each fund regardless of the year in which a county adopts the local sales and use tax. The State Treasurer shall distribute monthly the revenues according to the provisions of this chapter. The Property Tax Credit Fund may only be used to reduce ad valorem taxes on property which is assessed for ad valorem tax purposes at a four percent ratio."/

Renumber sections to conform.

Amend title to conform.

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

Senator BRYAN moved to lay the amendment on the table.

The amendment was laid on the table.

Senator MACAULAY proposed the following Amendment No. 3 (JIC\5724.HC):

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

/SECTION ___. Section 4-10-20 of the 1976 Code, as added by Act 317 of 1990, is amended to read:

"Section 4-10-20. A county, upon referendum approval, may levy a sales and use tax of one percent on the gross proceeds of sales within the county area which are subject to tax under Chapter 35 36 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. The sale of items with a maximum tax levied in accordance with Sections 12-35-516, 12-35-518, and 12-35-510 and Article 11 of Chapter 35 of Title 12 Section 12-36-2110 are exempt from the local sales and use tax. Food items which may be purchased lawfully with United States Department of Agriculture food stamps are exempt from the local sales and use tax. The adopted rate also applies to tangible personal property subject to the use tax in Section 12-35-810 12-36-1310. Taxpayers required to remit taxes under Section 12-35-810 12-36-1310 shall identify the county or municipality in the county area in which tangible personal property purchased at retail is stored, used, or consumed in this State. Utilities are required to report sales in the county or municipality in which consumption of the tangible personal property occurs. A taxpayer subject to the tax imposed by Article 6, Chapter 35 of Title 12 Section 12-36-920, who owns or manages rental units in more than one county or municipality shall report separately in his sales tax return the total gross proceeds from business done in each county or municipality."/

Renumber sections to conform.

Amend title to conform.

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

Senator BRYAN moved to lay the amendment on the table.

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

Bryan Carmichael Drummond
Hayes Helmly Land
Leatherman McGill Mullinax
Passailaigue Shealy Smith, N.W.
Stilwell Waddell Williams

*Courson Fielding Giese
Gilbert Hinson Holland
Leventis Long Macaulay
Martschink Matthews McConnell
Mitchell Moore O'Dell
Patterson Peeler Reese
Rose Russell Saleeby
Setzler Smith, J.V. Thomas
Washington *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 Senate refused to table the amendment. The question then was the adoption of the amendment.

Senator DRUMMOND spoke on the amendment.

Senator DRUMMOND objected to further consideration of the Bill.

S. 1020 -- Senators Courson, Giese and Patterson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE INTERCHANGE AT THE SOUTHEASTERN BELTWAY AND BLUFF ROAD IN RICHLAND COUNTY THE "ISADORE E. LOURIE INTERCHANGE".

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

S. 1021 -- Senator Courson: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO PASS HOUSE BILLS 303 AND 304 AND SENATE BILL 190 SO THAT MILITARY RETIREES WHO ARE VA RATED SERVICE CONNECTED DISABLED CAN RECEIVE THE RETIREMENT PAY THEY HAVE EARNED AS WELL AS THE VETERANS' ADMINISTERED BENEFITS INCLUDING DEPENDENTS' ALLOWANCE, AID, AND ASSISTANCE, WITH NO OFFSET IN THEIR MILITARY RETIREMENT PAY.

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

At 7:30 P.M., on motion of Senator WILLIAMS, the Senate receded from business not to exceed twenty minutes.

At 8:32 P.M., the Senate resumed.

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.

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

The Senate proceeded to consideration of the Bill. The question being the adoption of the Amendment No. 3 (JIC\5724.HC), proposed by Senator MACAULAY.

Pursuant to the motion by Senator WILLIAMS of June 4, 1991, the Senate proceeded to a consideration of a resolution pertaining to Sine Die adjournment.

The following was introduced:

S. 1040 -- Senator Williams: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 6, 1991, THEY SHALL STAND ADJOURNED TO MEET ON THEIR OWN MOTION IN REGULAR STATEWIDE SESSION, AND TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS WHICH MAY BE CONSIDERED DURING SUCH STATEWIDE SESSION AFTER JUNE 6, 1991.

Whereas, the General Assembly of South Carolina wishes to extend its statewide session beyond June 6, 1991, in order to ensure that reapportionment and redistricting will be an open and fair process; and

Whereas, the expense involved in the payment of two hundred fifty dollars per legislator per day for such a special session will be a great cost to the taxpayers of South Carolina; and

Whereas, the continuation of the regular session will reaffirm that the reapportionment process should be an open process in which all the citizens of South Carolina have input and freedom of information is preserved; and

Whereas, such an open deliberative session should ensure that a fair plan will be adopted and will avoid the necessity of protracted and expensive litigation.

Be it resolved:

That the mandatory Sine Die adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that code section, to permit the General Assembly to continue in session under the terms and conditions contained in this resolution.

When the respective Houses adjourn on Thursday, June 6, 1991, not later than 5:00 p.m., each House shall stand adjourned to meet on its own motion or subject to the call of the Speaker of the House for the South Carolina House of Representatives and the President or President Pro Tempore for the South Carolina Senate between June 7 and June 28, 1991, for the consideration of:

(A) Gubernatorial vetoes;

(B) Receipt and confirmation of appointments;

(C) Appointment of conference and free conference committees;

(D) Conference and free conference reports;

(E) Ratification of acts;

(F) Local matters;

(G) Elections set by the General Assembly and resolutions to set elections;

(H) Any bill, bills, report, question, or other matter relating to the reapportionment and redistricting of the South Carolina House of Representatives, the South Carolina Senate, and/or the United States Congress;

(I) H.3650 (General Appropriation Bill), H.3651 (Bond Bill), and H.3967 (Local bill relating to Greenville County); and

(J) Resolutions authorizing a different date or time, or both, for Sine Die adjournment in accordance with the provisions of Section 2-1-180 of the 1976 Code.

When the respective Houses of the General Assembly adjourn on Friday, June 28, 1991, not later than 5:00 p.m., each House shall stand adjourned to meet on its own motion or subject to the call of the Speaker of the House for the South Carolina House of Representatives and the President or the President Pro Tempore for the South Carolina Senate only for the consideration of business as enumerated in Items (A), (B), (C), (G), and (H), above, and in order to deal with any deficits for fiscal year 1990-91. The General Assembly shall adjourn Sine Die no later than 5:00 p.m. on September 17, 1991. Provided that if any submitting authority is notified in writing on or before September 17, 1991, by the U.S. Department of Justice that an objection has been interposed or that if specific deficiencies are corrected that the department will not interpose an objection to the plan or plans submitted, the General Assembly shall adjourn Sine Die no later than 5:00 p.m. October 1, 1991.

The provisions of this Resolution are deemed to be in compliance with the requirements of Article III, Section 21 of the South Carolina Constitution and to authorize such recess as either body may, from time to time, employ.

Senator WILLIAMS spoke on the Concurrent Resolution.

Senator MCCONNELL spoke on the Concurrent Resolution.

Senator WASHINGTON spoke on the Concurrent Resolution.

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

Bryan Carmichael Drummond
Fielding Giese Gilbert
Hayes Helmly *Hinds
Hinson Holland Land
Leatherman Leventis Long
Lourie Macaulay *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

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

On motion of Senator J. VERNE SMITH, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and confirmed by the Senate, and the same were ordered published in the Journal, to wit:

Reappointment, Member, South Carolina Continuum of Care for Emotionally Disturbed Children Board, with term to expire June 30, 1995:

Region II - Rural:

Dr. Laura R. Dawson, Ed.D., Route 2, Box 545, Denmark, South Carolina 29042

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

6th Congressional District:

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

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

1st Congressional District:

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

Reappointment, Member, South Carolina Commission on Alcohol and Drug Abuse, with term to commence July 1, 1991, and to expire on July 1, 1995:

At-Large:

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

Initial Appointment, Member, Board of Examiners Nursing Home & Community Residential Care Administrators, with term to expire on December 31, 1993:

Nursing Home Administrator - Non-Profit:

Mr. C. William Trawick, Executive Director, Bishop Gadsden Episcopal Community, 1873 Camp Road, Charleston, South Carolina 29412

Change classification from 4th District to At-Large, Member, South Carolina Commission on Alcohol and Drug Abuse, with term ending July 2, 1991:

At-Large:

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

Initial Appointment, Member, Board of Examiners for Nursing Home & Community Residential Care Facility Administrators, with term to expire on December 31, 1991:

Nursing Home Administrator - Proprietary:

Mrs. Ethel L. Hughes, Abbeville Nursing Home Inc., Post Office Box 190, Abbeville, South Carolina 29620

Initial Appointment, Member, Board of Examiners for Nursing Home & Community Residential Care Facility Administrators, with term to expire on December 31, 1992:

Residential Care Administrator - 10 beds or less:

Mrs. Catherine H. Beard, Beard's Residential Care, 123 Warren Street, Timmonsville, South Carolina 29161

Initial Appointment, Member, Board of Examiners for Nursing Home & Community Residential Care Facility Administrators, with term to expire on December 31, 1993:

Residential Care Administrator:

Dr. Walter E. Hickman, Jr., Administrator, Presbyterian Home of South Carolina, 2350 Lucas Street, Florence, South Carolina 29501

Member, South Carolina Public Railways Commission, with term to expire on November 1, 1995:

At-large:

Mr. Patrick Lee Baughman, Sr., 8 South Calibogue Cay, Hilton Head Island, South Carolina 29928 VICE J. Mullins McLeod

Initial Appointment, Member, South Carolina Real Estate Appraisers Board, with term to expire on May 31, 1992:

Appraiser:

Mr. Robert O. Lighthart, Jr., 954 Harbor Towne Road, Charleston, South Carolina 29412

Initial Appointment, Member, South Carolina Real Estate Appraisers Board, with term to expire on May 31, 1992:

Real Estate Broker:

Ms. Doris G. Sheriff, Alliance Realty Company, 4559-A Charlotte Highway, Lake Wylie, South Carolina 29710

Initial Appointment, Member, South Carolina Real Estate Appraisers Board, with term to expire on May 31, 1993:

Appraiser:

Mr. Lamar Mason, Mason Realty, Inc., 3938 Farrow Road, Columbia, South Carolina 29203

Initial Appointment, Member, South Carolina Real Estate Appraisers Board, with term to expire on May 31, 1993:

Mortgage Lending:

Mr. Jerry C. Parker, The Commercial Bank, Post Office Box D, Honea Path, South Carolina 29654

Initial Appointment, Member, South Carolina Real Estate Appraisers Board, with term to expire on May 31, 1994:

Appraiser:

Mr. John M. Little, III, Little Realty Company, Post Office Box 583, Chester, South Carolina 29706

Initial Appointment, Member, South Carolina Real Estate Appraisers Board, with term to expire on May 31, 1994:

Appraiser:

Mr. James H. Robinson, Robinson Company of Greenville, Inc., 1225 South Church Street, Greenville, South Carolina 29605

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

4th Congressional District:

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

Appointment, Member, South Carolina Advisory Board for Victim Assistance, with term to expire on August 1, 1994:

Victim Assistance Advocate:

Ms. Trudy M. Gregorie, Coordinator, Victim/Witness Assistance Program, 9th Circuit Solicitor's Office, P.O. Box 70100, Charleston, South Carolina 29415-0100 VICE Jayne G. Crisp (resigned)

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

Appointment, Member, State Commission on Higher Education, with term to expire on July 26, 1993:

At-large:

Mr. Harry Ward Miley, Ph.D., 1416 Ivy Lane, Columbia, South Carolina 29204 VICE Mr. Howard Love (Resigned)

Appointment, Member, Insurance Commission, with term to expire on June 30, 1996:

1st Congressional District:

Mr. Ike S. Cheves, Post Office Box 101, Walterboro, South Carolina 29488 VICE Edward K. Pritchard

MOTION ADOPTED
On motion of Senator COURSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. and Mrs. Fred Thomas Harrell.

At 9:30 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 10:00 A.M.

* * *

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