Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:00 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, concerning the servant with five talents, St. Matthew records these words, (25:21 NIV):

"His master replied, `Well done, good and faithful

servant! You have been faithful with a few things; I

will put you in charge of many things. Come and share

your master's happiness!'"

Let us pray.

Dear Lord, we have invested the talents that You have given us.
Forgive us for any failures of purpose! Bless the legislation that is worthy of Your blessing! If we have failed in any area, give us another chance to try again. As we face uncertain but hopeful days ahead for our people and the world, we pray the prayer of Henry Harbaugh (1860):

"Let our rulers ever be

Men and women that love and honor

Thee;

Let the powers by Thee ordained

Be in righteousness maintained;

In the people's hearts increase

Love of piety and peace;

Thus united we shall stand

One wide, free, and happy land."

And now, receive the benediction:

"The Lord bless thee and keep thee.

The Lord make his face shine upon thee,

and be gracious unto thee.

The Lord lift up His countenance upon

thee, and give thee peace, both

now and forever more."

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, Magistrates, Dorchester County, with terms to expire April 30, 1995:

Initial Appointment Under Act 678 of 1988:

Ms. Charlene C. Snowden, 304 Woodland Drive, Summerville, South Carolina 29485

Mr. William James Wylie, Jr., 214 Jasmine Drive, Summerville, South Carolina 29483 VICE Mr. Robert Leeper

Mr. Joseph Whitney Cunningham, 103 Fairway Drive, Summerville, South Carolina 29483

Mr. Charles W. Snipes, Rt. 2, Box 8, Ridgeville, South Carolina 29472

Mr. Cranston Pinckney, Rt. 1, Box 490, St. George, South Carolina 29472

Mr. Holcombe Marion Bell, Jr., P.O. Box 35, Harleyville, South Carolina 29448

Mr. Samuel M. Jacobs, 163 West Smith Street, Summerville, South Carolina 29483

Senator LONG introduced Dr. Thomas A. Whitaker of Myrtle Beach, Doctor of the Day.

Senator DRUMMOND rose to a Point of Personal Privilege.

Columbia, S.C., June 6, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Waldrop, A. Young and Vaughn of the Committee of Free Conference on the part of the House on:
S. 72 -- Senator Rose: A BILL TO AMEND SECTION 44-7-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISCLOSURE OF CERTAIN INFORMATION PERTAINING TO A COMMUNITY RESIDENTIAL CARE FACILITY OR AN INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED OR A GROUP HOME OPERATED BY A COUNTY MENTAL RETARDATION BOARD OR THE STATE MENTAL RETARDATION DEPARTMENT SO AS TO PROVIDE THAT THE DEPARTMENT MAY DISCLOSE CERTAIN INFORMATION RELATING TO A NURSING CARE FACILITY AND TO PROVIDE THAT THE IDENTITY OF A COMPLAINANT NOT BE DISCLOSED EXCEPT UNDER CERTAIN CONDITIONS.
Very respectfully,
Speaker of the House

Received as information.

S. 72 -- Senator Rose: A BILL TO AMEND SECTION 44-7-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISCLOSURE OF CERTAIN INFORMATION PERTAINING TO A COMMUNITY RESIDENTIAL CARE FACILITY OR AN INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED OR A GROUP HOME OPERATED BY A COUNTY MENTAL RETARDATION BOARD OR THE STATE MENTAL RETARDATION DEPARTMENT SO AS TO PROVIDE THAT THE DEPARTMENT MAY DISCLOSE CERTAIN INFORMATION RELATING TO A NURSING CARE FACILITY AND TO PROVIDE THAT THE IDENTITY OF A COMPLAINANT NOT BE DISCLOSED EXCEPT UNDER CERTAIN CONDITIONS.

On motion of Senator J. VERNE SMITH, with unanimous consent, Free Conference Powers were granted.

Whereupon, the PRESIDENT appointed Senators J. VERNE SMITH, LEATHERMAN and ROSE of the Committee of Free Conference on the part of the Senate, and a message was sent to the House accordingly.

On motion of Senator J. VERNE SMITH, with unanimous consent, the Report of the Committee of Free Conference (1779.AC) to S. 72 was adopted as follows:

The COMMITTEE OF CONFERENCE, to whom was referred:
S. 72 -- Senator Rose: A BILL TO AMEND SECTION 44-7-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISCLOSURE OF CERTAIN INFORMATION PERTAINING TO A COMMUNITY RESIDENTIAL CARE FACILITY OR AN INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED OR A GROUP HOME OPERATED BY A COUNTY MENTAL RETARDATION BOARD OR THE STATE MENTAL RETARDATION DEPARTMENT SO AS TO PROVIDE THAT THE DEPARTMENT MAY DISCLOSE CERTAIN INFORMATION RELATING TO A NURSING CARE FACILITY AND TO PROVIDE THAT THE IDENTITY OF A COMPLAINANT NOT BE DISCLOSED EXCEPT UNDER CERTAIN CONDITIONS.
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:

/SECTION 1. Section 44-7-315 of the 1976 Code, as added by Act 376 of 1990, is amended to read:

"Section 44-7-315. Information received by the Office Division of Health Licensing of the department, through inspection or otherwise, in regard to a facility licensed by the department pursuant to this article or subject to inspection by the department including a nursing home, a community residential care facility, or an intermediate care facility for the mentally retarded or a group home operated by a county mental retardation board or the State Mental Retardation Department must be disclosed publicly upon written request to the department. The request must be specific as to the facility or home, dates, documents, and particular information requested. The department must may not disclose the identity of individuals present in a facility licensed by the department pursuant to this article or subject to inspection by the department including a nursing home, a community residential care facility, an intermediate care facility for the mentally retarded, or a group home. When a report of deficiencies or violations regarding a facility licensed by the department pursuant to this article or subject to inspection by the department including a nursing home, a community residential care facility, an intermediate care facility for the mentally retarded, or a group home is present in the department's files when a request for information is received, the department shall inform the applicant that it has stipulated corrective action and the time it determines for completion of the action. The department also shall inform the applicant that information on the resolution of the corrective action order is expected to be available upon written request within fifteen days or less of the termination of time it determines for completion of the action. However, if information on the resolution is present in the files, it must be furnished to the applicant."

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

Amend title to conform.

/s/J. Verne Smith /s/Dave C. Waldrop, Jr.
Hugh K. Leatherman /s/Annette Young
/s/Michael T. Rose /s/Lewis R. Vaughn

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

Senator J. VERNE SMITH explained the report.

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

Columbia, S.C., June 6, 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. 72 -- Senator Rose: A BILL TO AMEND SECTION 44-7-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISCLOSURE OF CERTAIN INFORMATION PERTAINING TO A COMMUNITY RESIDENTIAL CARE FACILITY OR AN INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED OR A GROUP HOME OPERATED BY A COUNTY MENTAL RETARDATION BOARD OR THE STATE MENTAL RETARDATION DEPARTMENT SO AS TO PROVIDE THAT THE DEPARTMENT MAY DISCLOSE CERTAIN INFORMATION RELATING TO A NURSING CARE FACILITY AND TO PROVIDE THAT THE IDENTITY OF A COMPLAINANT NOT BE DISCLOSED EXCEPT UNDER CERTAIN CONDITIONS.
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:
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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 6, 1991

Mr. President and Senators:

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

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 6, 1991

Mr. President and Senators:

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

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 6, 1991

Mr. President and Senators:

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

Very respectfully,
Speaker of the House

Received as information.

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

The following were introduced:

S. 1041 -- Senator Passailaigue: A BILL TO AMEND CHAPTER 29, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-29-300 THROUGH 59-29-340, TO ESTABLISH KIDS VOTE, A PROGRAM WHICH ALLOWS YOUNG SOUTH CAROLINIANS TO PARTICIPATE IN THE DEMOCRATIC PROCESS BY CASTING MOCK BALLOTS; AND TO AMEND SECTION 7-13-770 OF THE 1976 CODE, RELATING TO PERSONS ALLOWED WITHIN THE POLLING AREA GUARD RAIL SO AS TO ALLOW MINORS PARTICIPATING IN KIDS VOTE WITHIN THE GUARD RAIL AND ACCESS TO VOTING BOOTHS.

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

S. 1042 -- Senator Setzler: A CONCURRENT RESOLUTION TO DIRECT THE STATE BOARD OF EDUCATION TO TRANSFER TO THE COMMISSION ON HIGHER EDUCATION SUCH PERSONNEL, FUNDS, AND OTHER ITEMS UNDER ITS JURISDICTION NECESSARY FOR THE COMMISSION ON HIGHER EDUCATION TO IMPLEMENT THE PROVISIONS OF S. 857 WHICH REVISES CHAPTER 59 OF TITLE 59 OF THE 1976 CODE RELATING TO PROPRIETARY SCHOOLS.

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

S. 1043 -- Senator Saleeby: A BILL TO AMEND SECTION 7-7-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DARLINGTON COUNTY VOTING PRECINCTS, SO AS TO REVISE THESE PRECINCTS.

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

H. 4045 -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE THE SCOTT'S BRANCH "MARCHING EAGLES" HIGH SCHOOL BAND FOR ITS ACCOMPLISHMENTS WHILE PERFORMING IN THE AFRICAMERICAS FESTIVAL AND PARADE ON MAY 4, 1991.

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

H. 4046 -- Rep. Farr: A CONCURRENT RESOLUTION CONGRATULATING THE UNION HIGH SCHOOL RIFLE TEAM, UNION COUNTY, ON WINNING ITS THIRD CONSECUTIVE CHAMPIONSHIP IN THE NATIONAL JUNIOR INDOOR SMALLBORE RIFLE CHAMPIONSHIPS.

Whereas, the Union High School Rifle Team has won the 1991 national scholastic championships after competing in the National Junior Indoor Smallbore Rifle Championships, Union High's third consecutive national title; and

Whereas, the 1991 title accounts for the fourth national championship overall which the school has won, the others occurring in 1985, 1989, and 1990; and

Whereas, the Union High School Rifle Team is composed of senior Heather Bradley, junior Josh Newton, freshman Talmadge Wilkins, IV, and eighth grade shooter Brian Newton; and

Whereas, the Union High Yellow Jackets have not been defeated in smallbore rifle/three position scholastic competition in South Carolina since 1981; and

Whereas, Union High has had national military scholastic champions in 1986, 1987, 1989, and 1990, with Talmadge Wilkins taking second place in 1991; and

Whereas, the school's rifle program has received, since 1983, twelve national awards for excellence from the National Rifle Association; and

Whereas, the team's members have distinguished themselves and have brought credit and pride to Union High School, their community, and the entire State; and

Whereas, the team and the school are highly deserving of recognition for these outstanding accomplishments. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, congratulates the Union High School Rifle Team, Union County, on winning its third consecutive championship in the National Junior Indoor Smallbore Rifle Championships.

Be it further resolved that a copy of this resolution be forwarded to the Union High School Rifle Team.

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

H. 4051 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO THANK AND RECOGNIZE ANDERSON CITY MANAGER, DR. RICHARD WOODRUFF, FOR HIS TWELVE YEARS OF SERVICE TO THAT CITY AND TO WISH HIM WELL AS HE BEGINS WORK AS THE CITY MANAGER OF NAPLES, FLORIDA.

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

H. 4052 -- Reps. P. Harris and Tucker: A CONCURRENT RESOLUTION TO RECOGNIZE MR. MCLESTER MCDOWELL OF ANDERSON UPON HIS RETIREMENT FROM THE SOUTH CAROLINA STATE EMPLOYMENT SERVICE AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.

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

Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable with amendment report on:

H. 3775 -- Rep. Bennett: A BILL TO AMEND SECTION 50-13-1116, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MARKING AND IDENTIFICATION OF NONGAME FISHING DEVICES, SO AS TO REVISE THE REQUIREMENTS FOR FLOATING MARKERS; TO AMEND SECTION 50-13-1135, RELATING TO COMMERCIAL AND NONCOMMERCIAL FISHING LICENSES FOR TAKING FRESHWATER NONGAME FISH WITH CERTAIN FISHING DEVICES, SO AS TO REVISE THE REQUIREMENTS FOR A TROTLINE; TO AMEND SECTION 50-13-1145, RELATING TO THE MAXIMUM NUMBER OF DEVICES FOR FRESHWATER FISHING, SO AS TO REVISE THE NUMBER OF TROTLINE HOOKS; TO AMEND SECTION 50-13-1150, RELATING TO APPLICATIONS AND FEES FOR RESIDENT AND NONRESIDENT COMMERCIAL FISHING LICENSES, SO AS TO INCREASE THE FEE FOR NONRESIDENTS FROM FIVE HUNDRED TO SEVEN HUNDRED FIFTY DOLLARS; TO AMEND SECTION 50-13-1155, AS AMENDED, RELATING TO TAGS AND PERMITS FOR CERTAIN NONGAME FISHING DEVICES, SO AS TO INCREASE THE PURCHASE PRICE FOR THE TAGS AND PERMITS FOR NONRESIDENTS TO FIFTY DOLLARS; TO AMEND SECTION 50-13-1180, RELATING TO TROTLINES, SO AS TO REQUIRE TROTLINE HOOKS USED IN LAKES MARION AND MOULTRIE TO HAVE A GAP AND PROHIBIT STAINLESS STEEL HOOKS; TO AMEND SECTION 50-13-1192, RELATING TO THE TYPE AND NUMBER OF NONGAME FISHING DEVICES USED IN FRESHWATER, SO AS TO REVISE THE REQUIREMENTS FOR TROTLINES; AND TO AMEND SECTION 50-13-1195, RELATING TO PENALTIES IN THE PROTECTION OF NONGAME FISH, SO AS TO AUTHORIZE THE FORFEITURE OF TAGS AND PERMITS AND PROVIDE FOR THE INELIGIBILITY FOR OTHER TAGS AND PERMITS UPON FORFEITURE.

Ordered for consideration tomorrow.

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 House returned the Bill with amendments.

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

S. 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.

Returned with concurrence.

Received as information.

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.

Returned with concurrence.

Received as information.

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.

Returned with concurrence.

Received as information.

H. 3704 -- Reps. Felder, Foster, K. Bailey, Bennett and McCain: A BILL TO CHANGE SOUTH CAROLINA STATE COLLEGE TO SOUTH CAROLINA STATE UNIVERSITY, EFFECTIVE JULY 1, 1991.

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

Senator THOMAS objected.

PURSUANT TO THE MOTION BY SENATOR WADDELL ON JUNE 5, 1991, THE SENATE PROCEEDED TO A CONSIDERATION OF H. 3651, THE BOND BILL.

H. 3651 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS AND TO AMEND THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO CONFORM TO THE PROVISIONS OF THIS ACT; TO IMPOSE AN ADDITIONAL TAX ON THE GROSS PREMIUM RECEIPTS LESS PREMIUMS RETURNED ON CANCELED INSURANCE POLICY CONTRACTS AND LESS DIVIDENDS AND RETURNS OF UNABSORBED PREMIUM DEPOSITS OF ALL FIRE INSURANCE POLICY CONTRACTS AND USE THE PROCEEDS FROM THE TAX TO PAY DEBT SERVICE ASSOCIATED WITH DEPARTMENTAL CAPITAL IMPROVEMENT BONDS AUTHORIZED FOR THE FIRE ACADEMY PURSUANT TO THE PROVISIONS OF THIS ACT; PROVIDE THAT THE GENERAL ASSEMBLY MAY NOT EXCEED TWO HUNDRED SEVENTY-FIVE MILLION DOLLARS FOR GENERAL OBLIGATION BOND AUTHORIZATIONS IN THIS ACT; AND TO AMEND SECTION 11-9-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON EXPENDING FUNDS FOR CAPITAL IMPROVEMENT PROJECTS NOT LOCATED ON STATE-OWNED PROPERTY, SO AS TO PROHIBIT THE AUTHORIZATION OF GENERAL OBLIGATION BONDS ON STATE-OWNED OR LEASED PROPERTY AND DELETE THE AUTHORIZATION THAT FUNDS MAY BE EXPENDED IF THE PROJECTS ARE OWNED OR OPERATED BY A GOVERNMENTAL ENTITY, REQUIRE THAT STATE-LEASED PROPERTY MUST HAVE A LEASE PERIOD EQUAL TO THE LIFE OF THE PROJECT IN ORDER TO QUALIFY FOR THE AUTHORIZATION OF GENERAL OBLIGATION BONDS, AND TO PROVIDE EXCEPTIONS.

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

Senator WADDELL spoke on the Bill.

Senator SETZLER made a Parliamentary Inquiry as to what the order of business would be after consideration of the Bond Bill had concluded.

The PRESIDENT stated that following consideration of the Bond Bill, the Senate would proceed to a call of the local and statewide uncontested Calendar.

Senator WADDELL continued speaking on the Bill.

Senator WADDELL asked unanimous consent that he be granted leave to remove his coat in the Chamber.

There was no objection.

The amendment proposed by the Committee on Finance (436\11814.DW) was adopted as follows:

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

/SECTION 1. Item (f) of Section 3 of Act 1377 of 1968, as last amended by an act of 1991 bearing ratification number 8, is further amended by adding:
" 1. State Law Enforcement Division

(a) Main Building Basement Renovation 200,000

(b) Inmate Quarters/Tracking

Facility Replace/Renovate 288,700

(c) Narcotics Building Renovations 365,000
Total, State Law Enforcement Division 853,700
2. Adjutant General

(a) Pine Ridge Armory (251st Evac. Hospital) 253,750

(b) Congaree Armory 607,200

(c) Pickens HAWK Armory 763,800

(d) Greenville HAWK Armory/DS Facility 930,070

(e) Fountain Inn HAWK Armory 763,800

(f) Ware Shoals HAWK Armory 763,800

(g) Greenville Organizational Maintenance Shop 18,000

(h) Manning Armory 550,000

(i) Armory Improvements 250,000
Total, Adjutant General 4,900,420

Provided, the funds authorized above for new

armories cannot be expended until the

federal matching funds have been received.
3. Budget and Control Board

(a) S.C. State House Renovations 1,250,000

(b) Governor's Mansion Complex-

Renovate/Refurbish-Phase II 1,800,000
Total, Budget and Control Board 3,050,000

Eleven million, nine hundred thousand of Capital Improvement Bonds for the South Carolina Fire Academy Replacement are authorized as departmental bonds pursuant to the authority and limitations of Section 2 of this act.
4. The Citadel

Utility System Repair/Replacement 7,691,040
Total, The Citadel 7,691,040
5. Clemson University (E&G)

(a) Engineering Innovation Center 13,965,000

(b) Animal Diagnostic Lab Equipment 242,000
Total, Clemson University 14,207,000

Provided, Clemson University must certify to the

Joint Bond Review Committee and Budget

and Control Board that the animal diagnostic

lab equipment has a useful life of at least

fifteen years before any funds can be expended.
6. College of Charleston

(a) Facilities Renovations 4,018,000

(b) Central Energy Plant Expansion 1,960,000
Total, College of Charleston 5,978,000
7. Francis Marion College

McNair Science Building Expansion 9,000,000
Total, Francis Marion College 9,000,000
8. Lander College

Old Main Renovation 12,828,739
Total, Lander College 12,828,739
9. South Carolina State College

Arts and Science Building 6,000,000
Total, South Carolina State College 6,000,000
10. University of South Carolina

(a) Columbia: Music Building 17,525,830

(b) Aiken: Business and Education Building 9,500,000

(c) Beaufort: Penn Center Renovations 900,000

(d) Lancaster: Auditorium/Classroom Building 2,700,000

(e) Spartanburg: Campus Life Center 4,000,000

(f) Sumter: Library Addition 4,934,300

(g) Coastal: Humanities Building A&E 500,000
Total, University of South Carolina 40,060,130

Provided, that the funds authorized in

subitem 10(c) above must be expended

in accordance with the Capital Campaign

proposal as submitted by Penn Center.
11. Winthrop College

(a) Infrastructure Modifications

and Renovations 6,272,000

(b) Sims Science Building Addition/Renovation 9,000,000
Total, Winthrop College 15,272,000
12. Medical University of South Carolina

Biomedical Research Facility 11,366,040
Total, Medical University of South Carolina 11,366,040
13. State Board for Technical and

Comprehensive Education

(a) Greenville: Library Classroom

Building Renovation 982,321

(b) Greenville: Nursing\Science Building Phase 1 2,700,000

(c) Low Country: Allied Health

Instructional Facility Replacement 1,960,000

(d) Trident: Learning Resources Center Building 4,125,600

(e) York: Administration Building Expansion 980,000

(f) Tri-County: HVAC Repairs 100,000
Total, State Board for Technical
and Comprehensive Education 10,847,921
14. Wil Lou Gray Opportunity School

(a) Shower Vent System and

Shower Stall Improvements 225,000

(b) Mechanical System Upgrade 185,000
Total, Wil Lou Gray Opportunity School 410,000
15. School for the Deaf and Blind

(a) Learning Resource Center 1,126,425

(b) Health Center Roof Replacement 25,000

(c) Student Affairs Building Renovation 412,980
Total, School for the Deaf and Blind 1,564,405
16. Archives and History

Wardlaw School Acquisition 2,500,000
Total, Archives and History 2,500,000
17. State Library

State Library Expansion/

Renovation Additional A&E 250,000
Total, State Library 250,000
18. Department of Health and Environmental Control

Cherokee County Health Department Expansion 250,000
Total, Department of Health and Environmental Control 250,000
19. Department of Mental Health

Five million, eight hundred eighty thousand dollars of capital improvement bonds for the Charleston Area Mental Health Center are authorized as departmental bonds under the authority and limitations of Act 1276 of 1970.
20. John de la Howe School

(a) Cafeteria - HVAC 70,000

(b) Family and Child Counseling Facility 1,248,014
Total, John de la Howe School 1,318,014
21. Department of Corrections

(a) Lee County Institution Additional Funding 23,000,000

(b) Turbeville and Ridgeland Institutions

Additional Funding 22,250,000

(c) 10 96-Bed Additions 6,464,933

(d) 1130-Bed Medium Institution 37,750,000

(e) 576-Bed Replacement-Aiken Youth Center 14,300,000

(f) General Renovations 1,292,933
Total, Department of Corrections 105,057,866
22. Department of Youth Services

(a) Replacement Facility 9,960,961

(b) Equipment Replacement 114,942

(c) HVAC Repair/Replacement 45,137

(d) Floors Repair/Replacement 99,060

(e) Utility Line Repairs 30,214

(f) Road Repairs 50,058

(g) Group Homes Fire Codes/

Sanitation Renovations 258,860

(h) Juvenile Detention Center 137,800
Total, Department of Youth Services 10,697,032
23. Department of Agriculture

Columbia Market: Farmer/Trucker Facility 2,083,000
Total, Department of Agriculture 2,083,000
24. Clemson University (PSA)

Animal Research Compliance Facility 4,406,000
Total, Clemson University (PSA) 4,406,000
25. Wildlife and Marine Resources

(a) Pickens: Cool Water Fish Hatchery 400,000

(b) Charleston: Composite Office Facility 300,000

(c) Lexington: Office and Laboratory 225,000

(d) Charleston: Boiler

Replacement at Marine Resources 60,000

(e) Charleston: Boat Slip and

Docking Facilities Renovation 240,000

(f) Hampton: Webb Center 100,000
Total, Wildlife and Marine Resources 1,325,000
26. Coastal Council

Folly Beach Beach Restoration 2,300,000
Total, Coastal Council 2,300,000

Of the funds authorized in this subitem, two million three hundred thousand dollars must be used for the Folly Beach Restoration project which must be matched by federal funds. Governmental entities authorized by the Coastal Council may be reimbursed from these funds for expenditures related to this project if the funds are not released in a timely manner by the Budget and Control Board and the Joint Bond Review Committee.
27. Department of Parks, Recreation and Tourism

(a) State Parks: Utility Repairs,

Roads/Parking, and General Improvements 2,500,000

(b) Recreation Land Trust Fund 1,000,000
Total, Department of Parks, Recreation and Tourism 3,500,000
28. State Development Board

Airline Hub 50,000,000
Total, State Development Board 50,000,000
29. Savannah Valley Authority

Aiken County Project 4,500,000
Total, Savannah Valley Authority 4,500,000
30. Aeronautics Commission

Airport Improvements 1,016,250
Total, Aeronautics Commission 1,016,250

Total, All Agencies $333,232,557"

SECTION 2. (A) As an incident to the enactment of this section, the General Assembly makes the following findings:

(1) By Section 38-7-30 of the Code of Laws of South Carolina, 1976, the General Assembly has authorized a tax of one percent on the gross premium receipts less premiums returned on canceled insurance policy contracts less dividends and returns of unabsorbed premium deposits of all fire insurance companies doing business in this State. The proceeds of this tax are collected by the Chief Insurance Commissioner of South Carolina.

(2) The South Carolina Fire Academy has requested the sum of not exceeding eleven million, nine hundred thousand dollars to defray the cost of construction for the replacement of the fire academy.

(3) The General Assembly has determined to raise this sum through the issuance of general obligation capital improvement bonds of the State not exceeding eleven million, nine hundred thousand dollars principal amount general obligation capital improvement bonds of the State. It is the express intention of the General Assembly that these bonds are to be payable in the first instance from the annual imposition of an additional thirty-five one-hundredths percent tax on the gross premium receipts less premiums returned on canceled policy contracts and less dividends and returns of unabsorbed premium deposits of all fire insurance companies doing business in the State.

(B) The General Assembly authorizes the issuance of General Obligation State Capital Improvement Bonds to be issued as departmental bonds in the following amount:

Budget and Control Board

South Carolina Fire Academy

Replacement $11,900,000.

(C) In addition to the tax imposed pursuant to the provisions of Section 38-7-30 of the 1976 Code, an additional tax of thirty-five one-hundredths percent is imposed annually on the gross premium receipts less premiums returned on canceled policy contracts and less dividends and returns of unabsorbed premium deposits of all fire insurance companies doing business in the State. This tax must be collected by the Chief Insurance Commissioner as other taxes on fire insurance companies are collected. All sums collected for this tax must be paid annually by the commissioner to the State Treasurer for establishment of a fund to be used by the State Treasurer to pay the debt service on the bonds issued pursuant to the provisions of subsection (B). The additional tax imposed pursuant to this subsection is imposed only so long as any of the bonds referred to in this subsection remain outstanding and unpaid.

(D) The State Treasurer shall establish a special fund into which proceeds of the additional tax authorized in subsection (C) must be deposited upon their receipt from the Chief Insurance Commissioner. This fund is designed to achieve a proper matching of monies to meet the debt service obligations on the bonds authorized in this section in a given year. Monies in the fund must be used solely to pay debt service on the bonds and for no other purpose.

(E) Upon payment in full of the principal of, premium, if any, and interest on the bonds authorized in this section, any remaining balances in the special fund created in this section must be transferred by the State Treasurer to the general fund of the State.

SECTION 3. Section 4 of Act 1377 of 1968, as last amended by Act 638 of 1988, is further amended to read:

"Section 4. The aggregate principal indebtedness on account of bonds issued pursuant to this act may not exceed $1,445,782,506.29 $1,815,464,125.10. The limitation imposed by the provisions of this section do does not apply to bonds issued on behalf of the Mental Health Commission as provided in Acts 1276 and 1272 of 1970, or to bonds issued on behalf of the Commission on Mental Retardation as provided in Act 1087 of 1970 or to bonds issued on behalf of the South Carolina Fire Academy. The limitation imposed by the provisions of this section is not considered to be an obligation of the contract made between the State and holders of bonds issued pursuant to this act, and the limitation imposed by the provisions of this section may be enlarged by acts amending it or reduced by the application of the Capital Reserve Fund or by amendments of this act. Within these limitations state capital improvement bonds may be issued under the conditions prescribed by this act."

SECTION 4. (A) Sub-subitem (g), subitem 14 (State Board for Technical and Comprehensive Education), item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 638 of 1988, is deleted.

(B) Sub-subitem (b), subitem 29 (Department of Parks, Recreation and Tourism), item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 638 of 1988, is amended to read:

"(b) General Park Improvements 1,780,000 2,080,000".

SECTION 5. Sub-subitem (c), subitem 20 (Department of Mental Health), item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 638 of 1988, is amended to read:

"(c) Gibbes Building Renovation

and State Hospital Renovations 900,000".

SECTION 6. (A) Sub-subitem (j), subitem 24 (Department of Youth Services), item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 638 of 1988, is amended to read:

"(j) Facility Roofing 521,484 309,284".

(B) Sub-subitem (j), subitem 24 (Department of Youth Services), item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 638 of 1988, is amended by adding:

"(o) Juvenile Detention Center 212,200".

SECTION 7. (A) Subitem 31 (Ports Authority), item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 638 of 1988, is amended to read:

"31. Ports Authority

Charleston Harbor Deepening 40,338,700 31,338,700

Total, Ports Authority 40,338,700 31,338,700".

(B) Subitem 29 (Department of Parks, Recreation and Tourism), item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 638 of 1988, is amended by adding:

"(g) Hilton Head Island Cultural Center 3,000,000".

(C) Item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 638 of 1988, is amended by adding:

"36. Richland Memorial Hospital

Cancer Treatment and Research Center 3,000,000

Total, Richland Memorial Hospital 3,000,000

37. City of North Charleston

Convention Center 3,000,000

Total, City of North Charleston 3,000,000".

SECTION 8. Subitem 34 (Horry County-Multipurpose Arena), item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 638 of 1988, is amended to read:

"34. Horry County-Multipurpose Arena 5,000,000

Total, Horry County-Multipurpose Arena 5,000,000

The funds authorized in this subitem for the Horry County-Multipurpose Arena must be matched on a three-to-one dollar basis and documentation must be provided to the State Treasurer certifying the match has been raised and is on deposit prior to the release of any capital improvement bond funds value basis as provided by the governing body of Horry County and any governing body of any municipality in Horry County, donations in-kind, and any other source of funds which may be obligated for the arena."

SECTION 9. The subtotals and totals in acts authorizing bonded indebtedness amended by this act are adjusted to reflect the amendments contained in this act.

SECTION 10. This act takes effect upon approval by the Governor./

Amend title to conform.

Senator WADDELL explained the amendment proposed by the Committee on Finance.

Senator GILBERT proposed the following Amendment No. 3 (RES3651.001), which was tabled:

Amend the bill, as and if amended, SECTION 1, page 7, after line 26, by adding an appropriately numbered subitem and proviso to read as follows:

/ ( ) Mullins Community Center - $150,000

Total Mullins Community Center - $150,000

Funds allocated for this subitem are contingent upon certification acceptable to the Budget and Control Board that the City of Mullins has authorized and appropriated the matching funds of three hundred and fifty thousand dollars ($350,000) for this project.

Amend all sections, all totals and title to conform.

Senator GILBERT explained the amendment.

Senator WADDELL spoke on the amendment.

Senator WADDELL moved to lay the amendment on the table.

The amendment was laid on the table.

Senator WASHINGTON proposed the following Amendment No. 4 (JIC\5808.HC), which was tabled:

Amend the bill, as and if amended, in item (f) of Section 3 of Act 1377 of 1968, as contained in Section 1, by adding an appropriately numbered subitem to read:

/___. Coastal Council

Edisto Beach Beach Restoration 2,300,000/

Renumber sections to conform.

Amend totals and title to conform.

Senator WASHINGTON explained the amendment.

Senator WADDELL spoke on the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Senator ROSE proposed the following Amendment No. 5 (RES3651.006), which was tabled:

Amend the bill, as and if amended, SECTION 1, by adding the following new item after item 20:

/ . Commission on Aging

(a) Dorchester County Senior

Citizens Center 250,000
Total, Commission on Aging 250,000
Of the funds authorized in this subitem, two hundred and fifty thousand dollars must be used for a Senior Citizens Center in Dorchester County and must be matched by local funds./

Amend title to conform.

Senator ROSE explained the amendment.

Senator WADDELL spoke on the amendment.

Senator WADDELL moved to lay the amendment on the table.

The amendment was laid on the table.

Senator PASSAILAIGUE proposed the following Amendment No. 6 (RES3651.003), which was adopted:

Amend the bill, as and if amended, SECTION 1 by adding the new item after item 31:

/ . Old Exchange Building

(a) Roof Replacement 75,000
Total, Old Exchange Building 75,000/

Amend totals and title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator WADDELL spoke on the amendment.

Senator WADDELL moved that the amendment be adopted.

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.

June 6, 1991
The Honorable James M. Waddell
Senator, Beaufort and Jasper Counties
111 Gressette Building
Columbia, S.C. 29202

Dear Senator Waddell:

I want to pass on to the Governor and the General Assembly recognition and praise by the rating services for prompt and decisive action taken yesterday in dealing with the revised estimates for 1991-92 of the Board of Economic Advisors.

As you know, the General Assembly by statute requires that:
"In order to maintain the high credit rating of the State, the State Treasurer shall furnish the rating services, from time to time, such reports and data as may be required and he considers appropriate."

To meet this mandate, I am in constant communication with Moody's Investors Service and Standard and Poor's Corporation concerning economic and fiscal matters. I informed the rating services yesterday of the General Assembly's swift action within one day of learning of reduced revenue estimates for 1991-92 by $100 Million from the February 15 estimate of $3,624 Million.

Yesterday's decisive action in balancing next years's 1991-92 budget will stand out among all states as a model for sound fiscal responsibility and prompt budget action in times of economic stress.

I believe yesterday's action was your "finest hour", and the State is duly recognized for maintaining fiscal integrity during difficult economic times.

With kindest regards, I am

Very truly yours,
Grady L. Patterson, Jr.
State Treasurer

(On motion of Senator WADDELL, with unanimous consent, ordered printed in the Journal)

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

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

H. 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.

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

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.

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

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.

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

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.

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

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)

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

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

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.

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

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

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.

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

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".

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

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.

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

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

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.

S. 85 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-25-200 SO AS TO PROHIBIT THE SOLICITING OR CAMPAIGNING FOR VOTES WITHIN TWO HUNDRED FEET OF THE BUILDING IN WHICH A POLLING PLACE IS LOCATED AND PROVIDE FOR THE REMOVAL OF PERSONS VIOLATING THIS PROHIBITION.

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 (JUD85.1) was adopted as follows:

Amend the bill, as and if amended, page 1, beginning on line 25, in Section 7-25-200, as contained in SECTION 1, by striking /the building in which the polling place is located/ and inserting the following /any entrance used by the voters to enter the polling place/.

Amend title to conform.

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

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.

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

Senator MATTHEWS objected.

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.

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

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

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

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

Senator LEVENTIS assumed the Chair.

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) the type of machine;

(2) the number of machines; and

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

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

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

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

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

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

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

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

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

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

Amend title to conform.

Senator LEATHERMAN spoke on the amendment.

Senator DRUMMOND asked unanimous consent to make a motion that the Senate recede from business beginning at 12:30 until 1:30 P.M.

Senator McCONNELL objected.

Senator LEATHERMAN spoke on the amendment.

Senator MACAULAY asked unanimous consent to make a motion that the Senate go into Executive Session prior to any recess of the Senate.

Senator MOORE objected.

Senator LEATHERMAN spoke on the amendment.

The PRESIDENT assumed the Chair.

Debate was interrupted, Senator LEATHERMAN retaining the floor.

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.

H. 4044 -- Rep. Sheheen: 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.

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

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.

Be it further resolved that 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:

(1) Gubernatorial vetoes;

(2) Receipt and confirmation of appointments;

(3) Appointment of conference and free conference committees;

(4) Conference and free conference reports;

(5) Ratification of acts;

(6) Local matters;

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

(8) 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;

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

(10) 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.

Be it further resolved that 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 (1), (2), (7), and (8) 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 Sunday, September 1, 1991. Provided, that if any submitting authority is notified in writing on or before September 1, 1991, by the United States 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 15, 1991.

Be it further resolved that 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.

Senators WILLIAMS, LOURIE and McCONNELL proposed the following Amendment No. 1 (JUD4044.1), which was adopted:

Amend the resolution, as and if amended, by striking all after the resolving words and inserting therein:

/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), (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 Tuesday, September 3, 1991. Provided that if any submitting authority is notified in writing on or before September 3, 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 15, 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./

Amend title to conform.

Senator WILLIAMS spoke on the amendment.

Senator McCONNELL explained the amendment.

Senator McCONNELL moved that the amendment be adopted.

The amendment was adopted.

The question then was the adoption of the Concurrent Resolution, as amended.

The Concurrent Resolution was adopted and ordered returned to the House with amendments.

Senator SALEEBY made a motion to suspend the application of Rules 45.2 and 45.3 until June 15, 1991, to allow for the preparation of explanatory material regarding coverage and operation of the rules.

Senator SALEEBY withdrew the motion.

On motion of Senator WILLIAMS, with unanimous consent, the Senate agreed to go into Executive Session prior to a recess.

On motion of Senator LONG, the seal of secrecy was removed and the Senate stood in recess.

At 1:00 P.M., on motion of Senator WILLIAMS, the Senate receded from business until 2:00 P.M.

The Senate reassembled at 2:30 P.M. and was called to order by the PRESIDENT.

Senator SHEALY rose to a Point of Personal Privilege.

S. 295 -- Senators Setzler and Stilwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-31 SO AS TO FURTHER PROVIDE FOR THE QUALIFICATIONS OF CHILDREN TO ATTEND THE PUBLIC SCHOOLS OF ANY SCHOOL DISTRICT, AND SECTION 59-63-32 SO AS TO PERMIT A SCHOOL DISTRICT TO IMPOSE CERTAIN REQUIREMENTS ON ADULTS SEEKING TO ENROLL A CHILD IN A SCHOOL OF THAT DISTRICT.

The House returned the Bill with amendments.

On motion of Senator SETZLER, 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.

Columbia, S.C., June 6, 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:
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.
Very respectfully,
Speaker of the House

Received as information.

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

Whereupon, the PRESIDENT appointed Senators HOLLAND, PEELER and PATTERSON of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.

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.

On motion of Senator SETZLER, with unanimous consent, the House was requested to return the Bill.

Columbia, S.C., June 6, 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:
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.

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.

On motion of Senator STILWELL, with unanimous consent, the Report of the Committee of Conference to H. 3967 (9533.JM) was adopted as follows:

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

That the same do pass with the following amendments:

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

/SECTION 1. Beginning in 1992, the Board of Trustees of the Greenville County School District is authorized to increase the tax millage levied for the operation of the district by not more than two mills in any one year and by not more than a total of three mills in any two-year period.

SECTION 2. Notwithstanding the above provisions of this act, when the Greenville County School District under the Education Finance Act is considered to be providing one hundred percent of the local effort required, no millage increases may thereafter be imposed while such circumstances exist.

SECTION 3. For any tax millage to be levied above the limits contained in this act, the qualified electors of the district must approve such excess in a referendum called for this purpose by the board. Notice of the referendum must be published in a newspaper of general circulation in the district at least sixty days before the referendum and again at least thirty days before the referendum. The board shall frame the question for the referendum and the costs of the referendum must be borne by the district.

SECTION 4. The board of trustees of the Greenville County School District may levy for the general operation of the school district in any year a tax millage not exceeding eighty-nine mills. This limit does not apply to increases approved by the school board pursuant to Section 1 of this act.

SECTION 5. An independent auditor who reports directly to the board must periodically conduct fiscal and management audits of the district at the district's expense and a copy of the audit must be forwarded to the Greenville County Legislative Delegation.

SECTION 6. This act takes effect upon approval by the Governor./

Amend title to conform.

Theo W. Mitchell /s/Michael F. Jaskwhich
/s/James E. Bryan, Jr. /s/Sarah G. Manly
/s/Sam Stilwell /s/Michael L. Fair

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

Senator STILWELL spoke on the report.

A message was sent to the House accordingly.

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.

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

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

Senator LEVENTIS proposed the following amendment (JIC\5817.HC), which was adopted:

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

/SECTION 1. Section 22-2-190(43) of the 1976 Code is amended to read:

"(43) Sumter County

No. 1--Precincts Nos. 6A, 6B, 6C, 6D
Bounded on the south by Clarendon County and Florence County, on the east by Lynches River, on the west by Black River and Rocky Bluff Swamp and on the north by the Lee County line.

No. 2--Precincts Nos. 4, 5A, 5B
Bounded on the north by Lee County, on the south by Rocky Bluff Swamp, on the east by Black River and on the west by Highway 15 and Secondary Road 81 (exclusive of said highways).
No. 3--Precincts Nos. 3, 24, 9, 8, 20, 19, 17, 7, including city precincts Nos. 10, 11, 12, 13, 14, 15, 16, 18, 21, 22 and 23
Bounded on the north by Lee County; on the south by Clarendon County; on the east by Rocky Bluff Swamp, Secondary Highway 81 and Highway 15 (inclusive of Highways 15 and 81); and on the west by Pocotaligo River, Cane Savannah Creek, Highway 40, Spann Branch and Long Branch, Highway 441, Highway 521, Little Rafting Creek and Highway 43 (exclusive of Highways 441, 521 and 40).
No. 4--Precinct No. 27
Bounded on the east by the Pocotaligo River; on the north by Highway 120 and Cane Savannah Creek; on the west by Highway 120 to Manchester Forest to Secondary Road, Highway 77, Highway 509 and Highway 535 (inclusive of said highways); and on the south by the Clarendon County line.
No. 5--Precincts Nos. 26A, 26B
Bounded on the north by the Southern Railroad, Campbell's Creek, Secondary Road to Highway 458, Highway 458 to Highway 120 (inclusive of said Highways); on the east by Highway 535, Clarendon County line (exclusive of said Highway); on the south by Clarendon County; and on the west by Calhoun County.
No. 6--Precinct No. 25
Bounded on the north by Highways 76 and 378 (exclusive of said Highways); on the east by Highway 40; on the south by the Southern Railroad, Campbell's Creek, Secondary Road to Highway 458, Highway 458 to Highway 120 (exclusive of said highways); and on the west by the Richland County line.

No. 7--Precincts Nos. 1, 2
Bounded on the north by Kershaw County line; on the west by Richland County line; on the south by Highways 76 and 378 beginning at Shaw Air Force Base to the county line (inclusive of said highways); and on the east by Highway 43, Little Rafting Creek, to Highway 521 to Highway 441 to Spann Branch and to Long Branch and to Highway 76 (inclusive of said highways).

TOWNSHIP PRECINCT NO.

DISTRICT NO. 1 Mayesville 108

Salem 109

Taylors 110

Shiloh 111

Pleasant Grove/

Trinity 112

DISTRICT NO. 2 Rembert 101

Dalzell/Dubose 105

Horsepen Branch 106

DISTRICT NO. 3 Brogdon 113

Concord 114

Oswego 107

Folsom Park 117

Green Swamp 118

Lemira 127

McCray's Mill North 139

McCray's Mill South 140

Millwood 137

Mulberry 115

Old Pocalla 132

Palmetto Park 119

Salterstown 116

South Red Bay 130

Sunset 141

Bates 134

Bernie 135

Burns-Down 120

Crosswell 125

Hampton Park 124

Loring 126

Magnolia 128

Morris College 123

Savage Glover 133

Second Mill 121

South Liberty 136

Stonehill 129

Swan Lake 122

Wilder 131

Causeway Branch 138

DISTRICT NO. 4 Pocataligo 146

Privateer 147

DISTRICT NO. 5 Manchester Forest 144

Pinewood 145

DISTRICT NO. 6 Horatio 102

Delaine 142

Hillcrest 103

Oakland Plantation 104

Cherryvale 143"/

Amend title to conform.

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

On motion of Senator LEVENTIS, S. 1037 was ordered to receive a third reading on the next legislative day.

Senator MOORE asked unanimous consent to make a motion to suspend the application of Rules 45.2 and 45.3 until June 15, 1991, to allow for the preparation of explanatory material regarding coverage and operation of the rules.

Senator MARTSCHINK objected.

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 Bill was returned from the House as requested.

On motion of Senator SETZLER, with unanimous consent, third reading of the Bill was reconsidered.

Senator SETZLER proposed the following amendment (EDU3768.05), which was adopted:

Amend the bill, as and if amended, by deleting SECTION 4 in its entirety.

Amend the bill, further, as and if amended, by deleting SECTION 6 in its entirety.

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.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 3:00 P.M. and the following Acts were ratified:

(R199) S. 722 -- Senators Lourie, Land, Saleeby and Passailaigue: AN ACT TO AMEND SECTION 40-59-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE CONTRACTORS INCLUDED AS RESIDENTIAL SPECIALTY CONTRACTORS FOR PURPOSES OF REGULATION BY THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION, SO AS TO PROVIDE THAT PEST CONTROLLERS ARE NOT CONSIDERED RESIDENTIAL SPECIALTY CONTRACTORS, AND TO LIMIT SPECIALTY CONTRACTORS TO THE ENUMERATED ITEMS; AND TO AMEND SECTION 40-59-77, RELATING TO CERTIFICATION OF SPECIALTY CONTRACTORS, SO AS TO PROVIDE THAT IN LIEU OF A CERTIFICATION EXAMINATION AND FEE THE RESIDENTIAL BUILDERS COMMISSION SHALL ACCEPT SATISFACTORY EVIDENCE OF CERTIFICATION BY THE MUNICIPAL ASSOCIATION OF SOUTH CAROLINA OF A JOURNEYMAN OR MASTER PLUMBER, ELECTRICIAN, OR HEATING AND AIR CONDITIONING SPECIALIST.

(R200) S. 935 -- Banking and Insurance Committee: AN ACT 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; TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-325 SO AS TO PROVIDE FOR ADDITIONAL REQUIREMENTS FOR THE APPROVAL OF INDIVIDUAL MAJOR MEDICAL EXPENSE COVERAGE POLICIES; TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-650 SO AS TO GRANT TO ANY PERSON PURCHASING AN INDIVIDUAL ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICY AFTER JULY 1, 1991, THE RIGHT TO TRANSFER TO ANY OTHER INDIVIDUAL POLICY OF EQUAL OR LESSER BENEFITS OFFERED FOR SALE BY THE INSURER AT THE TIME THE TRANSFER IS SOUGHT, WITH WAITING PERIODS AND PREEXISTING CONDITION PERIODS TO BE SERVED AFTER THE TRANSFER; TO AMEND ARTICLE 5, CHAPTER 71, TITLE 38, RELATING TO GROUP ACCIDENT AND HEALTH INSURANCE BY ADDING SUBARTICLE 3, SO AS TO PROVIDE FOR CERTAIN MECHANISMS WHEREBY HEALTH INSURANCE COVERAGE IS MADE AVAILABLE TO SMALL EMPLOYERS; TO AMEND SECTION 38-71-730, AS AMENDED, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO REDUCE THE SIZE OF THE GROUPS FOR WHICH INDIVIDUAL EVIDENCE OF INSURABILITY MAY NOT BE REQUIRED, TO FURTHER PROVIDE FOR THIS GROUP COVERAGE, AND TO REQUIRE AN INSURER UNDER CERTAIN CONDITIONS TO GIVE CREDIT FOR THE SATISFACTION OF A PREEXISTING CONDITION PERIOD IF A COVERED PERSON MOVES FROM ONE INSURED GROUP TO ANOTHER; TO AMEND SECTION 38-71-760, RELATING TO STANDARDS FOR GROUP ACCIDENT AND HEALTH INSURANCE COVERAGE, SO AS TO REDUCE THE REQUIRED SIZE OF CERTAIN GROUPS TO WHICH VARIOUS DISCONTINUANCE AND REPLACEMENT PROVISIONS APPLY, AND TO ESTABLISH WHEN A REPLACEMENT CARRIER BECOMES A SUCCEEDING CARRIER; AND TO AMEND SECTION 38-71-770, AS AMENDED, RELATING TO MANDATORY CONTINUATION AND CONVERSION PRIVILEGES FOR ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO ESTABLISH THE STANDARD BY WHICH A GROUP POLICY BECOMES A SUCCESSOR POLICY.

(R201) S. 693 -- Senator Lourie: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 13 TO TITLE 37 SO AS TO PROVIDE FOR THE REGULATION OF SUBLEASING AND THE LOAN ASSUMPTION OF A MOTOR VEHICLE, TO AUTHORIZE THE DEPARTMENT OF CONSUMER AFFAIRS TO PROMULGATE REGULATIONS, AND PROVIDE A PENALTY FOR VIOLATION OF THE CHAPTER OR REGULATIONS PROMULGATED PURSUANT TO IT.

(R202) S. 237 -- Senator Martschink: AN ACT 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 INCLUDE JURISDICTION OVER THE WATERS OF A SOUND OR AN INLET AND PROVIDE THAT IF AN EXTENSION OVERLAPS WITH THE JURISDICTION OF ANOTHER POLITICAL SUBDIVISION THE JURISDICTION OF EACH EXTENDS TO THE EQUIDISTANT POINT FROM THE HIGH-WATER MARK OF EACH STRAND.

(R203) S. 791 -- Senator Drummond: AN ACT TO AMEND SECTIONS 24-21-60, 24-21-70, AND 24-21-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO GRANT THE DUTIES PREVIOUSLY GRANTED TO THE EXECUTIVE DIRECTOR TO THE COMMISSIONER; TO AMEND SECTION 24-21-220, RELATING TO THE POWERS OF THE EXECUTIVE DIRECTOR, SO AS TO GRANT THE DUTIES PREVIOUSLY GRANTED TO THE EXECUTIVE DIRECTOR TO THE COMMISSIONER AND FURTHER GRANT THE COMMISSIONER ADMINISTRATIVE DUTIES REGARDING MEETINGS; TO AMEND CHAPTER 21, TITLE 24, BY ADDING SECTION 24-21-221, SO AS TO PROVIDE THAT THE COMMISSIONER MUST GIVE A THIRTY-DAY NOTICE TO CERTAIN PERSONS PRIOR TO CONSIDERING A PRISONER FOR PAROLE; TO AMEND SECTIONS 24-21-230, 24-21-240, 24-21-250, 24-21-260, 24-21-270, 24-21-280, 24-21-290, 24-21-420, 24-21-430, RELATING TO PROBATION OFFICERS, SO AS TO CHANGE THE REFERENCES TO "OFFICERS" TO "AGENTS" AND REFERENCES TO "EXECUTIVE DIRECTOR" TO "COMMISSIONER"; TO AMEND SECTION 24-21-440, RELATING TO TIME PERIODS OF PROBATION, SO AS TO DELETE THE REQUIREMENT THAT THE COURT MUST ENTER A DISCHARGE ORDER UPON COMPLETION OF THE PROBATION PERIOD; TO AMEND SECTION 24-21-450, RELATING TO REVOCATION OF PAROLE, SO AS TO CHANGE REFERENCES TO "OFFICER" TO "AGENT"; TO AMEND SECTION 24-21-480, RELATING TO RESTITUTION CENTERS, SO AS TO AUTHORIZE THE BOARD TO PLACE A PRISONER IN A RESTITUTION CENTER AS A CONDITION OF PAROLE; TO AMEND SECTION 24-21-620, RELATING TO PAROLE BOARD REVIEWS, SO AS TO CHANGE THE REFERENCE TO THE "COMMISSIONER OF PAROLES AND PARDONS" TO "COMMISSIONER"; TO AMEND SECTIONS 24-21-645 AND 24-21-650, RELATING TO THE BOARD, SO AS TO CHANGE THE REFERENCES TO "EXECUTIVE DIRECTOR" TO "COMMISSIONER"; TO AMEND SECTION 24-21-660, RELATING TO A PAROLED PRISONER'S CUSTODY, SO AS TO REQUIRE THAT THE PRISONER REMAIN IN THE BOARD'S "JURISDICTION" RATHER THAN IN THE BOARD'S "LEGAL CUSTODY"; TO AMEND SECTION 24-21-680, RELATING TO REVOCATION OF PAROLE, SO AS TO REQUIRE THE PAROLE AGENT TO ISSUE A CITATION UPON THE VIOLATION OF PAROLE AND TO GRANT THE BOARD THE AUTHORITY TO MAKE A FINAL DETERMINATION AS TO REVOCATION RATHER THAN CANCELING THE ORDER OF PAROLE AND GIVING THE PRISONER THE STATUS OF AN ESCAPED CONVICT; TO AMEND SECTION 24-21-930, RELATING TO PARDON ORDERS, SO AS TO CHANGE REFERENCES TO "EXECUTIVE DIRECTORS" TO "COMMISSIONERS"; TO AMEND SECTION 24-21-990, RELATING TO THE EFFECTS OF A PARDON, SO AS TO ALLOW A PARDONED PRISONER TO HOLD PUBLIC OFFICE EXCEPT AS PROVIDED FOR IN SECTION 16-13-210; TO AMEND SECTION 24-23-130, RELATING TO THE SUPERVISION OF A PROBATIONER, SO AS TO CHANGE THE REFERENCES TO "OFFICER" TO "AGENT"; AND TO REPEAL SECTION 24-21-14, RELATING TO THE COMMISSIONER OF PAROLES AND PARDONS.

(R204) S. 703 -- Senators Lourie, Matthews and Hayes: AN ACT 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, AND REZONING.

(R205) S. 62 -- Senator Rose: AN ACT TO AMEND SECTION 22-1-10, 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.

(R206) S. 617 -- Senators Helmly and Moore: AN ACT TO AMEND SECTION 30-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDATION OF VETERANS' DISCHARGE AND OBTAINING CERTIFIED COPY OF REGISTERED DISCHARGE, SO AS TO CHANGE THE PROVISIONS REGARDING FEES, PERMIT THE REGISTER OF MESNE CONVEYANCES TO DESIGNATE THE COUNTY VETERANS' AFFAIRS OFFICER TO RECEIVE APPLICATIONS FOR CERTIFIED COPIES AND FURNISH THE COPIES AS PROVIDED BY THIS SECTION, AUTHORIZE THE CLERK OF COURT AND THE COUNTY VETERANS' AFFAIRS OFFICER TO ENTER INTO AN AGREEMENT PURSUANT TO WHICH CERTAIN RESPONSIBILITIES OF THE CLERK OF COURT MAY BE DEVOLVED TO THE COUNTY VETERANS' AFFAIRS OFFICER, AND PROVIDE THAT, UPON TRANSFER OF THE RECORDS, THE COUNTY VETERANS' AFFAIRS OFFICER MAY ISSUE COPIES AS REQUESTED.

(R207) S. 1009 -- Senators Williams and Matthews: AN ACT TO ABOLISH THE ORANGEBURG COUNTY BOARD OF EDUCATION AND TO DEVOLVE UPON THE COUNTY SCHOOL DISTRICTS ALL POWERS AND DUTIES OF THE COUNTY BOARD EXCEPT FOR THE ELECTION OF TRUSTEES WHICH BECOMES THE RESPONSIBILITY OF THE COUNTY ELECTION COMMISSION AND FOOD SERVICE SUPERVISION AND ATTENDANCE SUPERVISORS WHICH BECOME THE RESPONSIBILITY OF A CONSORTIUM FORMED BY THE COUNTY SCHOOL DISTRICTS.

(R208) H. 3026 -- Rep. Gentry: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 50-21-112 AND 50-21-114, 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; AND TO ADD THE CRIME PROVIDED IN SECTION 50-21-112(A) TO THE LIST OF CRIMES CLASSIFIED AS FELONIES IN SECTION 16-1-10.

(R209) H. 3071 -- Reps. Whipper, Waites, Corning and Manly: AN ACT 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.

(R210) H. 3419 -- Reps. Huff and Hodges: AN ACT 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 PROVIDE WHEN GENETIC TESTING IS DONE WHEN THESE CASES ARE NOT ADMINISTERED UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT.

(R211) H. 3320 -- Reps. Boan and McElveen: AN ACT 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 OR QUALIFIED TO SELL PROPERTY AND CASUALTY INSURANCE OR LIFE, ACCIDENT AND HEALTH INSURANCE, OR BOTH, TO PROVIDE EXCEPTIONS, TO AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO ADMINISTER THESE REQUIREMENTS AND TO PROMULGATE REGULATIONS TO IMPLEMENT THESE PROVISIONS, TO PROVIDE FOR THE APPOINTMENT OF AN ADVISORY COMMITTEE BY THE COMMISSIONER TO MAKE RECOMMENDATIONS WITH RESPECT TO APPROVED COURSES OF INSTRUCTION, AND TO PROVIDE FOR THE EFFECTIVE DATE OF THESE PROVISIONS.

(R212) H. 3722 -- Rep. Burriss: AN ACT 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 AND TO REQUIRE CERTAIN STATEMENTS WITH REGARD TO CONSUMER CREDIT INSURANCE; 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 AND TO REQUIRE CERTAIN STATEMENTS WITH REGARD TO CONSUMER CREDIT INSURANCE; 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 37-4-203, RELATING TO THE FILING AND APPROVAL OF CREDITOR RATES AND CHARGES, AND TO AMEND SECTION 34-29-160, RELATING TO BORROWER INSURANCE UNDER THE CONSUMER FINANCE LAW, SO AS TO REVISE AND DECREASE CERTAIN CREDIT LIFE INSURANCE PREMIUMS; 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.

(R213) H. 3514 -- Reps. Kirsh, Meacham, Foster and Hayes: AN ACT 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.

(R214) 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: AN ACT 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.

(R215) H. 3813 -- Reps. Wilkins, Hayes, Gentry, Clyborne and Baxley: AN ACT 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.

(R216) H. 3319 -- Reps. Boan and McElveen: AN ACT TO AMEND ACT 127 OF 1989, RELATING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO DESIGNATE A PORTION OF THAT ACT AS SECTION 38-74-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO PROVIDE IMMUNITY FROM LIABILITY FOR CERTAIN PERSONS FOR AN ACT OR OMISSION IN THE PERFORMANCE OF THE POWERS AND DUTIES PROVIDED UNDER THE HEALTH INSURANCE POOL AND TO PROVIDE THAT THE POOL IS NOT RELIEVED OF ITS LIABILITY.

(R217) H. 3613 -- Reps. Wilkins, Cato and T.C. Alexander: AN ACT 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 CEDED TO THE REINSURANCE FACILITY; AND TO AMEND SECTION 56-10-280 RELATING TO INSURANCE TO MEET FINANCIAL RESPONSIBILITY REQUIREMENTS OF MOTOR VEHICLES SO AS TO PROVIDE ADDITIONAL BASIS TO CANCEL POLICY.

(R218) H. 3280 -- Reps. McAbee, Sharpe, G. Bailey, D. Elliott, Mattos, Boan, Haskins, Shirley, Gregory, White and Keyserling: AN ACT 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.

(R219) H. 3465 -- Rep. Altman: AN ACT TO AMEND SECTION 56-3-660, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES AND REGISTRATION FOR SELF-PROPELLED PROPERTY CARRYING VEHICLES, SO AS TO CHANGE REGISTRATION AND LICENSING DATES; AND TO AMEND SECTION 56-3-376, RELATING TO THE ESTABLISHMENT OF A SYSTEM TO REGISTER MOTOR VEHICLES, SO AS TO CHANGE THE DATES OF REGISTRATION FOR A SEMIANNUAL PERIOD.

(R220) H. 3090 -- Reps. Keyserling, Hodges, P. Harris, Waldrop, Rudnick, Wilder, Kempe, Manly, Whipper, Mattos, and Waites: AN ACT TO AMEND CHAPTER 77, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEATH WITH DIGNITY ACT, BY ADDING SECTION 44-77-65 SO AS TO ALLOW A DECLARANT TO SUPPLEMENT A DECLARATION WITH A DOCUMENT PROVIDING INSTRUCTIONS FOR ARTIFICIAL NUTRITION AND HYDRATION AND BY ADDING SECTION 44-77-85 SO AS TO AUTHORIZE A DECLARANT TO DESIGNATE AN AGENT TO ACT ON HIS BEHALF TO ENSURE THAT THE DECLARATION IS GIVEN EFFECT; TO AMEND SECTION 44-77-20, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITIONS OF "LIFE-SUSTAINING PROCEDURES" AND "TERMINAL CONDITION" AND TO ADD THE DEFINITION OF "PERMANENT UNCONSCIOUSNESS"; SECTION 44-77-30, AS AMENDED, RELATING TO WITHHOLDING LIFE-SUSTAINING PROCEDURES, SO AS TO PROVIDE THAT LIFE-SUSTAINING PROCEDURES MAY BE WITHHELD PURSUANT TO A DECLARATION WHEN A PERSON HAS BEEN IN A STATE OF PERMANENT UNCONSCIOUSNESS FOR AT LEAST NINETY DAYS OR AT ANY TIME IF OTHER CRITERIA IS MET AND TO CLARIFY THAT ACTIVE TREATMENT MUST BE ADMINISTERED AFTER A TERMINAL DIAGNOSIS BEFORE GIVING EFFECT TO A DECLARATION; SECTION 44-77-40, AS AMENDED, RELATING TO QUALIFICATIONS FOR WITNESSES TO A DEATH WITH DIGNITY DECLARATION, SO AS TO FURTHER LIMIT WHO MAY BE A WITNESS TO A DECLARATION AND TO CLARIFY EXECUTION PROCEDURES; SECTION 44-77-50, AS AMENDED, RELATING TO THE FORM OF A DECLARATION, SO AS TO INCLUDE THE REVISED DEFINITION OF TERMINAL CONDITION, PROVIDE SPECIFIC DIRECTIONS REGARDING NUTRITION AND HYDRATION WHICH A DECLARANT MAY CHOOSE, PROVIDE FOR THE APPOINTMENT OF AN AGENT, AND REVISE THE LANGUAGE PERTAINING TO THE REVOCATION OF A DECLARATION; SECTION 44-77-80, AS AMENDED, RELATING TO REVOCATION OF A DECLARATION, SO AS TO INCLUDE THAT THE DECLARANT MAY REVOKE A DECLARATION BY EXECUTING A SUBSEQUENT DECLARATION; SECTION 44-77-90, AS AMENDED, RELATING TO IMMUNITY FROM LIABILITY SO AS TO INCLUDE IMMUNITY TO ONE WHO IN GOOD FAITH RELIES ON A CERTIFICATION OF PERMANENT UNCONSCIOUSNESS AND TO EXTEND IMMUNITY TO A PHYSICIAN WHO IN GOOD FAITH AND WITHIN STANDARDS OF REASONABLE MEDICAL CARE CERTIFIES A TERMINAL CONDITION OR PERMANENT UNCONSCIOUSNESS; SECTION 44-77-100, AS AMENDED, RELATING TO CIRCUMSTANCES IN WHICH PHYSICIAN'S FAILURE TO EFFECT THE DECLARATION CONSTITUTES UNPROFESSIONAL CONDUCT SO AS TO PROVIDE THAT WHEN AN EMPLOYEE OF A HEALTH CARE FACILITY STATES THEY DO NOT WISH TO PARTICIPATE IN THE WITHHOLDING OF LIFE-SUSTAINING PROCEDURES, THE PHYSICIAN MUST MAKE REASONABLE EFFORTS TO EFFECTUATE THE DECLARATION WITHOUT THE EMPLOYEE; AND SECTION 44-77-140, AS AMENDED, RELATING TO ABSENCE OF DECLARATION NOT GIVING RISE TO PRESUMPTION SO AS TO PROVIDE THAT THIS CHAPTER APPLIES ONLY TO PERSONS WHO HAVE EXECUTED A DECLARATION IN ACCORDANCE WITH THIS CHAPTER.

(R221) H. 3714 -- Rep. Hodges: AN ACT TO AMEND SECTION 20-7-1440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES, COSTS, AND ALLOWANCES ALLOWED IN DELINQUENCY, DEPENDENCY, AND NEGLECT ACTIONS IN FAMILY COURT, SO AS TO ALLOW FOR A FEE FOR THE SERVICE OF PROCESS IN CONNECTION WITH A TITLE IV-D CHILD SUPPORT ACTION PURSUANT TO A COOPERATIVE AGREEMENT ENTERED INTO BY THE SHERIFF OR CLERK OF COURT AND THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES FOR THE REIMBURSEMENT OF FEDERAL MATCHING FUNDS.

(R222) H. 3496 -- Reps. Waites, Corning, Wright, Manly and Whipper: AN ACT TO AMEND SECTION 20-7-2700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO CHILD DAY CARE FACILITIES, SO AS TO REVISE THE DEFINITIONS OF REGULAR AND PROVISIONAL LICENSES; AND TO AMEND SECTION 20-7-2840, RELATING TO THE REGISTRATION OF FAMILY DAY CARE HOMES, SO AS TO PROVIDE FOR THEIR ELECTION TO BE LICENSED AND REQUIREMENTS FOR THEIR OPERATORS AND CAREGIVERS.

(R223) H. 3411 -- Reps. Gregory, Kirsh, Short, Nettles, Wilkins and J. Brown: AN ACT TO AMEND SECTION 40-53-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF POLYGRAPH EXAMINERS, SO AS TO REQUIRE A SURETY BOND, INSURANCE POLICY, OR OTHER SURETY ACCEPTABLE TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO RECEIVE AND RETAIN LICENSURE AND REQUIRE CHANGES IN COVERAGE TO BE REPORTED TO THE DIVISION WITHIN THIRTY DAYS; TO AMEND SECTION 40-53-160, RELATING TO LICENSE RENEWAL, SO AS TO PROVIDE FOR EVIDENCE OF A CURRENT BOND, POLICY, OR OTHER SURETY OF FIVE THOUSAND DOLLARS; TO REPEAL SECTION 40-53-200 RELATING TO REGISTRATION WITH THE CLERK OF COURT; AND TO REAUTHORIZE THE EXISTENCE OF THE POLYGRAPH EXAMINERS FOR SIX YEARS.

(R224) H. 3053 -- Rep. Mattos: AN ACT TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES COLLECTED BY CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCES, SO AS TO PROVIDE A FEE OF TWENTY-FIVE DOLLARS FOR THE EXPUNGEMENT OF CRIMINAL RECORDS.

(R225) H. 3797 -- Rep. Hodges: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-27-300 SO AS TO EXEMPT CREDIT UNIONS CHARTERED UNDER THE PROVISIONS OF SECTION 34-27-40 FROM BUSINESS LICENSE TAXES.

(R226) H. 3709 -- Rep. Altman: AN ACT 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; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-1275 SO AS TO PROVIDE CIRCUMSTANCES AND PROCEDURES FOR THE RELEASE OF MOTOR VEHICLE ACCIDENT REPORTS.

(R227) H. 3712 -- Rep. Huff: AN ACT 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.

(R228) H. 3748 -- Reps. Sharpe, Smith and Rudnick: AN ACT 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 OR WHOLESALE AND DELIVER; AND TO ADD SECTION 61-9-860 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A BEER WHOLESALER TO PURCHASE ADVERTISING FOR OR PARTICIPATE IN JOINT ADVERTISING WITH A RETAILER WITH EXCEPTIONS.

(R229) 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: AN ACT 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.

(R230) H. 4017 -- Rep. Keegan: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SEABANKS HOMEOWNERS ASSOCIATION, INC., IN HORRY COUNTY.

(R231) H. 3650 -- Ways and Means Committee: GENERAL APPROPRIATION BILL

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

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

Senator LEATHERMAN spoke on the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

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

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

Carmichael Fielding Gilbert
Hayes Helmly Hinds
Land Long Martschink
Matthews McConnell Passailaigue
Patterson Peeler Rose
Saleeby Setzler Shealy
Waddell Williams

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

I voted for Amendment No. 1 (NO5/7609.AL) because video poker machines need to be heavily regulated; this is the most restrictive amendment before us; and failure to pass this amendment could enable video poker machines to operate without any limitation or regulation whatsoever.

Senator HINSON argued contra to the adoption of the amendment.

At 4:20 P.M., on motion of Senator WADDELL, with unanimous consent, the Senate receded from business not to exceed ten minutes, Senator HINSON retaining the floor.

At 4:35 P.M., the Senate resumed.

Senator HINSON continued arguing contra to the adoption of the amendment.

Debate was interrupted, Senator HINSON retaining the floor.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 4:45 P.M. and the following Acts and Joint Resolutions were ratified:

(R232) S. 987 -- Senator Setzler: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF MARCH 18, 1991, MISSED BY A. L. CORBETT MIDDLE SCHOOL STUDENTS IN AIKEN COUNTY WHEN THE SCHOOL WAS CLOSED BECAUSE OF A SAFETY PROBLEM IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN.

(R233) S. 975 -- Senator Fielding: AN ACT TO AMEND SECTION 13-17-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO REVISE THE QUORUM REQUIREMENT FOR THE BOARD.

(R234) S. 831 -- Senator Pope: AN ACT TO CREATE THE REGISTRATION AND ELECTIONS COMMISSION FOR NEWBERRY COUNTY AND TO ABOLISH THE NEWBERRY COUNTY ELECTIONS COMMISSION AND THE BOARD OF REGISTRATION OF NEWBERRY COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.

(R235) S. 1014 -- Senators Passailaigue, Fielding, McConnell, Washington and Martschink: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-135 SO AS TO ESTABLISH A NO WAKE ZONE ON THE ASHLEY RIVER WITHIN ONE HUNDRED YARDS OF THE DOLPHIN COVE MARINA IN CHARLESTON COUNTY.

(R236) S. 1006 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY LIVESTOCK-POULTRY HEALTH DIVISION, RELATING TO EQUINE SALES FACILITY PERMITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1397, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R237) S. 1013 -- Senator Russell: AN ACT TO AMEND ACT 36 OF 1967, AS AMENDED, RELATING TO THE SPARTANBURG COMMISSION ON HIGHER EDUCATION, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO FIFTEEN MEMBERS AND TO INCREASE THE AUTHORIZED MEMBERSHIP OF THE EDUCATIONAL ADVISORY COMMITTEE FROM FIFTEEN TO TWENTY-FIVE.

(R238) S. 927 -- Judiciary Committee: AN ACT 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.

(R239) S. 410 -- Senator Saleeby: AN ACT TO AMEND SECTION 9-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCLUDE IN THE DEFINITION OF "EMPLOYEE" AN EMPLOYEE OF AN AGENCY AUTHORIZED TO RECEIVE FUNDS AS AN ALCOHOL AND DRUG ABUSE PLANNING AGENCY PURSUANT TO SECTION 61-5-320 OF THE 1976 CODE, AND TO INCLUDE WITHIN THE DEFINITION OF "EMPLOYER" AN ALCOHOL AND DRUG ABUSE PLANNING AGENCY DESIGNATED PURSUANT TO THE SAME SECTION.

(R240) S. 295 -- Senators Setzler and Stilwell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-31 SO AS TO FURTHER PROVIDE FOR THE CONDITIONS UNDER WHICH A CHILD MAY ATTEND A PUBLIC SCHOOL OF ANY SCHOOL DISTRICT, AND SECTION 59-63-32 SO AS TO PERMIT A SCHOOL DISTRICT TO IMPOSE CERTAIN REQUIREMENTS ON ADULTS SEEKING TO ENROLL A CHILD IN A SCHOOL OF THAT DISTRICT AND TO PROVIDE PENALTIES FOR SUBMITTING A FALSE AFFIDAVIT ESTABLISHING CONDITIONS FOR ATTENDING THE SCHOOL.

(R241) S. 72 -- Senator Rose: AN ACT TO AMEND SECTION 44-7-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISCLOSURE OF CERTAIN INFORMATION PERTAINING TO A COMMUNITY RESIDENTIAL CARE FACILITY OR AN INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED OR A GROUP HOME OPERATED BY A COUNTY MENTAL RETARDATION BOARD OR THE STATE MENTAL RETARDATION DEPARTMENT, SO AS TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY DISCLOSE CERTAIN INFORMATION RELATING TO A NURSING CARE FACILITY OR OTHER FACILITIES LICENSED BY THE DEPARTMENT OR SUBJECT TO INSPECTION BY THE DEPARTMENT AND TO PROVIDE THAT THE IDENTITY OF A COMPLAINANT NOT BE DISCLOSED EXCEPT UNDER CERTAIN CONDITIONS.

(R242) H. 3539 -- Rep. Corning: AN ACT 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 REQUIRE ALL INSURERS ISSUING LONG-TERM CARE INSURANCE POLICIES TO OFFER AN OPTIONAL BENEFIT WHICH PROVIDES THAT WHEN AN INSURED MEETS THE REQUIREMENTS UNDER THE POLICY THAT CARE IN A NURSING HOME OR COMMUNITY RESIDENTIAL CARE FACILITY IS NECESSARY, THE INSURED HAS THE OPTION OF RECEIVING NECESSARY CARE IN THE HOME OR COMMUNITY WITH DAILY BENEFITS AT A CERTAIN LEVEL AND TO PERMIT INSURERS ISSUING LONG-TERM CARE INSURANCE POLICIES TO OFFER A HOME HEALTH CARE BENEFIT WHICH PROVIDES BENEFITS WHEN CARE IN THE HOME ONLY IS NECESSARY; TO PROVIDE THAT THE ABOVE PROVISIONS APPLY TO INSURANCE POLICIES ISSUED ON OR AFTER THE EFFECTIVE DATE OF THIS ACT; AND TO PROVIDE THAT THREE YEARS FOLLOWING THE EFFECTIVE DATE OF THIS ACT, AND TWO YEARS THEREAFTER, 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 MAKE A REPORT TO THE GENERAL ASSEMBLY.

(R243) H. 3513 -- Reps. Keegan, Sharpe, Corbett, M. Martin, Smith, D. Elliott, Littlejohn, Gonzales, Marchbanks, Beasley, Haskins, Rama, A. Young, Meacham and Bruce: AN ACT 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; AND TO AMEND THE 1976 CODE BY ADDING SECTION 61-9-180 SO AS TO AUTHORIZE THE HOLDER OF MULTIPLE RETAIL BEER AND WINE PERMITS TO TRANSFER BEER AND WINE FROM ONE PERMITTED LOCATION TO ANOTHER UNDER CERTAIN CONDITIONS.

(R244) H. 3842 -- Rep. T.C. Alexander: AN ACT 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.

(R245) H. 3272 -- Reps. Kirsh, McTeer and D. Elliott: AN ACT 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, 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; TO AMEND ACT 612 OF 1990, THE GENERAL APPROPRIATIONS ACT FOR 1990-91, RELATING TO THE AUTHORITY OF THE TAX COMMISSION TO ENFORCE THE USE TAX ON DIRECT MARKETING COMPANIES, SO AS TO EXTEND THE COMMISSION'S AUTHORITY TO JULY 1, 1996; TO AMEND SECTION 12-21-2420, RELATING TO THE ADMISSIONS TAX, SO AS TO EXEMPT ADMISSIONS TO CERTAIN HEALTH CLUBS; TO AMEND SECTIONS 4-10-40, 4-10-50, AND 4-10-90, RELATING TO THE LOCAL OPTION SALES TAX, SO AS TO CLARIFY THE APPLICATION OF THE TAX CREDIT TO PROPERTY TAXES ON MOTOR VEHICLES, PROVIDE THAT DISTRIBUTIONS FROM THE COUNTY/MUNICIPAL REVENUE FUND MAY BE USED TO PROVIDE ADDITIONAL TAX CREDITS AND REVISE IMPOSITION DATES; TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-27-285, 12-29-125, AND 12-29-126 SO AS TO REQUIRE SURETY BONDS, CASH BONDS, OR FINANCIAL STATEMENTS TO GUARANTEE THE PAYMENT OF GASOLINE AND SPECIAL FUELS TAXES; TO AMEND SECTIONS 12-37-360 AND 12-29-40, RELATING TO COLLECTION AND PAYMENT OF GASOLINE AND SPECIAL FUELS TAXES, SO AS TO DELETE REFERENCES TO THE SHERIFF SERVING WARRANTS AND TO PROVIDE THAT THE TAXES ARE LIENS, BUT NOT FIRST LIENS, ON THE PROPERTY OF THE TAXPAYER, AND TO PROVIDE FOR THE ABATEMENT ALLOWED MANUFACTURING PROPERTY FOR CERTAIN TEXTILE MANUFACTURING PROPERTY.

(R246) H. 3739 -- Rep. Keyserling: AN ACT 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.

(R247) H. 3134 -- Rep. McTeer: AN ACT 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; TO AMEND SECTION 9-11-120, AS AMENDED, RELATING TO THE PRERETIREMENT DEATH BENEFIT PROGRAM FOR POLICE OFFICERS, SO AS TO INCREASE THE BENEFITS; AND TO AMEND SECTION 9-2-20, RELATING TO THE SOUTH CAROLINA RETIREMENT AND PRERETIREMENT ADVISORY BOARD MEMBERSHIP, SO AS TO PROVIDE THAT ONE OF THE MEMBERS REPRESENTING STATE EMPLOYEES MUST BE A LAW ENFORCEMENT OFFICER.

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.

Senator MITCHELL made a Parliamentary Inquiry as to the status of S.935 inasmuch as the Senate had adopted a motion to rescind ratification and subsequently adopted Concurrent Resolution S. 1034 to rescind ratification.

The PRESIDENT stated that the House of Representatives had tabled the Concurrent Resolution and, therefore, the action of rescission was not completed.

Senator MITCHELL raised a Point of Order that even though the House had failed to adopt the Concurrent Resolution that the Senate had voted affirmatively to rescind, both by motion and passage of a Concurrent Resolution, and that no motion had been made or adopted to reconsider that action, and, therefore, the status of S. 935 was as yet undetermined and could not be sent to the Governor.

The PRESIDENT took the matter under advisement.

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.

H. 4044 -- Rep. Sheheen: 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.

The House returned the Concurrent Resolution with amendments. The question then was concurrence with the House amendments.

Senator McCONNELL spoke on the Resolution.

Senator WADDELL spoke on the Resolution.

Senator WILLIAMS spoke on the Resolution.

Senator McCONNELL spoke on the Resolution.

Senator LOURIE spoke on the Resolution.

Senator LOURIE continued speaking on the Resolution.

Senator LOURIE asked unanimous consent to make a motion to amend the House amendments.

Senator WILLIAMS objected.

Senator LOURIE spoke on the Resolution.

Senator LOURIE moved to concur with the House amendments.

Senator PATTERSON was recognized to speak on the motion.

Senator THOMAS moved under Rule 15A to set a time certain of 4:55 P.M. to vote on the entire matter.

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

Drummond Helmly Hinson
Lourie Macaulay Martschink
Pope Saleeby Setzler
Smith, J.V. Thomas Waddell

Bryan Carmichael Courson
Fielding Giese Gilbert
Hayes Hinds Holland
Land Leatherman Long
Matthews McConnell McGill
Mitchell Moore Mullinax
O'Dell Passailaigue Patterson
Peeler Reese Rose
Russell Shealy Smith, N.W.
Stilwell Washington Williams
Wilson

Senator LOURIE made a Parliamentary Inquiry as to the number of votes required to adopt the 15A motion.

The PRESIDENT stated that 26 votes would be required.

The motion, not having received the necessary vote, failed. The question then was the motion to concur in the House amendments.

Senator PATTERSON spoke on the motion.

Debate was interrupted by adjournment.

I voted in favor of setting the Sine Die Resolution for a vote at the 11th hour on Mandatory Adjournment Day, June 6, 1991, even though I believe it to be deficient. The reason I did so is because it is imperative that this General Assembly extend its session in order to pass an ethics bill. I believe that certain members of the House of Representatives have acted irresponsibly in sending us a resolution which leaves insufficient time to complete work on reapportionment, but the passage of an ethics bill is so important this year that we cannot refuse to pass this adjournment resolution. At least it will give us 2 or 3 weeks to hopefully complete an ethics bill. To adjourn this year without a strong ethics bill would be a great disservice to the people of South Carolina.

There have been several inaccuracies in statements and comments made about the actions of the General Assembly regarding Sine Die Adjournment and the effect of reapportionment on the consideration of this matter. Let me state the facts:

The Senate passed a joint resolution in January of this year providing for the orderly disposition of the business of the General Assembly in those years when reapportionment is required to be accomplished.

The Senate established, published, and adhered to a schedule of meetings and hearings designed to maximize public input and ensure thorough and complete consideration of Senate and Congressional reapportionment. This schedule was predicated on the hope that the House would adhere to the Senate suggestion for handling Sine Die Adjournment under the special circumstances of a reapportionment year.

When it became clear that the House would not pass the Joint Resolution, the Senate Judiciary Committee and the Senate as a body logically acted as if the General Assembly were planning to adjourn Sine Die June 6, 1991.

Even though the Senate kept faith with its stated intent to preserve and encourage maximum public participation, it engaged in an altered schedule to allow Senate and Congressional reapportionment to be completed in time for the House to act and in time for the General Assembly to meet the June 6th Sine Die Adjournment date if the House was so inclined. Even though the Senate had passed and sent its plan to the House on May 28, 1991, the House had completed consideration of the House plan on May 29, 1991, and could have easily acted to add its plan to the Senate bill, thereby advancing a rapid consideration of all plans.

A red herring was dragged across the trail numerous times suggesting the fiscal collapse of the state if Sine Die Adjournment was not extended. Fact. No version of any Resolution provided the wherewithal for the General Assembly to deal with a fiscal crisis until after June 28, 1991. As a practical matter no information about the fiscal position of the State would be available until July 31st at the earliest.

Finally, I encourage the reading of the roll calls recorded in the Journals of the House of Representatives. In every vote which represented an effort to reasonably extend the session, the overwhelming majority of House Republicans methodically and consistently voted to block the efforts.

It is clear that reapportionment is not the only casualty of the events surrounding the failure of the General Assembly to complete its business. Meaningful, responsible reform for ethics, campaign practices, and the regulation of lobbying has also been a casualty.

Senator ROSE endorsed the Statement of Senators MOORE and McCONNELL regarding Sine Die Adjournment.

Senator LEATHERMAN raised a Point of Order that the time had arrived for the Senate to stand adjourned Sine Die.

The PRESIDENT sustained the Point of Order.

Pursuant to action taken by the Senate when meeting in Executive Session on June 5, 1991, the following appointments made by the Governor were confirmed by the Senate and ordered published in the Journal, to wit:

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

Ms. Evelyn F. Causey

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

Mr. Ralph Barber

Ms. Julian Myer Williams

Ms. Gail Shaw

Mr. Gibson O'Neal Fallaw

Appointment, Greenville County Magistrate, with term to expire on April 30, 1994:

Mr. Charles Ralph Garrett

Appointment, York County Master-in-Equity, with term to expire on June 30, 1997:

J. Buford Grier

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

Mr. J. Archie Lee

Mr. Kenneth Olen Ward

Mr. Dennis Earl Phipps

Mr. Tillmond E. Williams

Mr. Ben P. Harrelson

Mr. Harry Davis McDowell

Mr. Gerald T. Whitley, Jr.

Ms. Margie B. Livingston

Ms. Carolyn R. Hills

Mr. Charles Bernard Johnson

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

Mr. James H. Yarborough

Mr. Marion C. Smith

Mr. David J. Weed

Mr. Thomas A. Jackson

Mr. John J. Hood, Jr.

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

Mr. John Neil McDonald

Ms. Elizabeth Lee

Mr. Preston Warr

Mr. Clarence L. James

Mr. Winfred L. Flowers

Appointment, Edgefield County Magistrate, with term to expire on April 30, 1995:

Mr. James H. Maxwell

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

Mr. Olin Burgdorf

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

Mr. Carroll Milton Gray

Mr. James Elbert Jones

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

Mr. George Marion Shealy

Ms. Shirley Sons

Mr. Thomas H. Rawl, III

Mr. William Gregory Shockley

Mr. Cameron F. Crawford

Mr. Bruce Rutland

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

Mr. Larry A. Butts

Ms. Rebecca White Gerrard

Mr. Dillard Elwood Medford

Appointment, Berkeley County Magistrate, with term to expire on April 30, 1995:

Ms. Pamela J. Polzin

Appointment, Colleton County Board of Voter Registration, with term to expire on March 15, 1992:

Ms. Yvonne T. Spell

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

Mr. Rodger Edmonds

Mr. Max A. Meek, Sr.

Mr. Olin Thomas Corbett

Mr. Joey Lee Addie

Mr. Al Bradley

MOTION ADOPTED
On motion of Senator DRUMMOND, with unanimous consent, the Senate stood adjourned out of respect to the memory of the tens of thousands who died on Omaha Beach and the beaches of Normandy on June 6, 1944.

At 5:00 P.M., on motion of Senator LEATHERMAN, the Senate adjourned Sine Die.

* * *

This web page was last updated on Tuesday, June 30, 2009 at 8:58 A.M.