Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear "The Living Bible" rendering of Psalm 29 (v.10):

"At the flood, the Lord showed His control of all creation. Now He continues to unveil His power. He will give His people strength."
Let us pray.

O Lord God of the Universe, we marvel at Your control of the Cosmos and our planet earth.

We pray that You will be the unseen, but ever real, counselor at our every committee meeting... and every place of decision involving the welfare of our people who look to us for guidance in these tough times.

Give us hearts to love Thee, minds to know Your will, and voices to utter Your truths.

Fulfill now, O Lord, in this quiet moment the ancient promise, "BE STILL AND KNOW THAT I AM GOD"... and so make us equal to today's tasks.

Amen.

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

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

Document No. 1445
Promulgated By State Law Enforcement Division
Detective and Security Agencies
Received By Lt. Governor January 23, 1992
Referred to Senate Committee on Judiciary
120 day review expiration date May 23, 1992

Document No. 1451
Promulgated By Board of Education
Accreditation Standards Filed. Defined Minimum Program for S.C. School Districts, Grades 9-12, VII. The State High School Equivalency Diploma
Received By Lt. Governor January 27, 1992
Referred to Senate Committee on Education
120 day review expiration date May 27, 1992

January 27, 1992
Mr. President and Senators:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Reappointment, Member, State Board of Corrections, with term to expire July 1, 1998:

4th Congressional District:

Mr. Milton Alfred Smith, Post Office Drawer 5587, Spartanburg, South Carolina 29302

Referred to the Committee on Corrections and Penology.

Initial Appointment, Member, State Board of Corrections, with term to expire June 30, 1997:

2nd Congressional District:

Mr. Gerald F. Smith, Svalina, Richardson, & Smith, Suite 808, 1338 Main Street, Columbia, South Carolina 29201 VICE Norman Kirkland (deceased).

Referred to the Committee on Corrections and Penology.

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

At-Large:

Mr. Oscar F. Prioleau, 205 Chateau Drive, Greenville, South Carolina 29615

Referred to the Committee on Education.

Reappointment, Member, South Carolina Commission for the Blind, with term to expire May 19, 1994:

4th Congressional District:

Mr. Samuel L. Zimmerman, Post Office Box 6535, Greenville, South Carolina 29606

Referred to the General Committee.

Reappointment, Member, South Carolina State Fire Commission, with term to expire January 15, 1996:

4th Congressional District - Full-time Fireman:

Chief James G. Moore, Mauldin City Fire Department, 9 East Butler Avenue, Mauldin, South Carolina 29662

Referred to the General Committee.

Reappointment, Member, State Athletic Commission, with term to expire June 30, 1996:

2nd Congressional District:

Mr. John H. Holladay, Jr., 416 Old Saybrook Drive, Columbia, South Carolina 29210

Referred to the General Committee.

Reappointment, Member, State Human Affairs Commission, with term to expire June 30, 1995:

6th Congressional District:

Mr. Fred L. Sumpter, 914 North Merriman Road, Georgetown, South Carolina 29440

Referred to the Committee on Judiciary.

Reappointment, Member, State Human Affairs Commission, with term to expire June 30, 1994:

4th Congressional District:

Mr. Harry B. Luthi, 260 Stone Lake Drive, Greenville, South Carolina 29609

Referred to the Committee on Judiciary.

Reappointment, Member, South Carolina State Housing Finance and Development Authority, with term to expire August 15, 1996:

Mr. Dee A. Smith, Post Office Box 26957, Greenville, South Carolina 29616

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, Member, South Carolina State Housing Finance and Development Authority, with term to expire August 15, 1996:

Mr. C. Dan Joyner, 2015 Cleveland Street Extension, Greenville, South Carolina 29607

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, Member, South Carolina Continuum of Care for Emotionally Disturbed Children Board, with term to expire June 30, 1996:

Region IV - Piedmont:

Mr. Richard Leonard Crain, Sr., 426 Phillips Lane, Greer, South Carolina 29650

Referred to the Committee on Medical Affairs.

Reappointment, Member, South Carolina Commission on Aging, with term to expire June 30, 1996:

3rd Congressional District:

Mrs. Erminie M. Nave, 606 Brooklane Drive, Greenwood, South Carolina 29649

Referred to the Committee on Medical Affairs.

Reappointment, Member, South Carolina Foster Care Review Board, with term to expire June 30, 1996:

3rd Congressional District:

Mrs. Lucy W. Wilkerson, Route 4, Box 123, Westminster, South Carolina 29693

Referred to the Committee on Medical Affairs.

Initial Appointment, Member, Mental Health Commission, with term to expire March 21, 1996:

3rd Congressional District:

Dr. Charles T. Battle, Post Office Box 577, Seneca, South Carolina 29679 VICE C. Alex Harvin, Jr.

Referred to the Committee on Medical Affairs.

Initial Appointment, Member, South Carolina Commission on Alcohol and Drug Abuse, with term to expire June 30, 1993:

2nd Congressional District:

Mrs. Virginia B. Johnson, 340 Livingston Terrace, Orangeburg, South Carolina, 29115 VICE Coryn S. Felder (deceased)

Referred to the Committee on Medical Affairs.

Reappointment, Member, Children's Trust Fund of South Carolina, with term to expire June 30, 1996:

2nd Congressional District:

Mr. Verne E. Dooley, 208 North Ridge Road, Columbia, South Carolina 29223

Referred to the Committee on Medical Affairs.

Reappointment, Member, Commission on Mental Retardation, with term to expire June 30, 1996:

2nd Congressional District:

Mr. Melvin L. Burton, 6000 Lakeshore Drive, Columbia, South Carolina 29206

Referred to the Committee on Medical Affairs.

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

6th Congressional District:

Colonel Edsel J. De Ville, 522 Acadian Way, Surfside Beach, South Carolina 29575 VICE Charles L. Appleby, Jr.

Referred to the Committee on Transportation.

Senator GIESE requested and was granted a leave of absence beginning at 12:15 P.M. until 1:15 P.M. today.

S. 1225 -- Senators Passailaigue, Martschink, McConnell, Fielding, O'Dell, Mullinax, Macaulay, Carmichael and Washington: A CONCURRENT RESOLUTION TO RECOGNIZE CITADEL BASEBALL COACH CHAL PORT ON THE OCCASION OF HIS RETIREMENT FOR HIS TWENTY-SEVEN YEARS OF OUTSTANDING LEADERSHIP AND HIS DEVELOPMENT OF A WINNING TRADITION AS COACH OF THE CITADEL BULLDOGS BASEBALL TEAM.

Returned with concurrence.

Received as information.

S. 1116 -- Senators Bryan, Peeler, Fielding, Hinds, Hinson and Rose: A BILL TO AMEND SECTION 44-22-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE RIGHTS OF MENTAL HEALTH PATIENTS, SO AS TO REVISE THESE DEFINITIONS; TO AMEND SECTION 44-22-60, RELATING TO RIGHTS OF PATIENTS UPON ADMISSION TO A FACILITY, SO AS TO CLARIFY THAT RIGHTS OF PATIENTS APPLY WHEN ADMITTED TO A DEPARTMENT OF MENTAL HEALTH FACILITY RATHER THAN TO ANY MENTAL HEALTH RESIDENTIAL PROGRAM; TO AMEND SECTION 44-22-70, RELATING TO INDIVIDUALIZED TREATMENT PLANS, SO AS TO PROVIDE THAT SUCH PLAN MUST BE REVIEWED IN A LONG-TERM CARE FACILITY EVERY NINETY DAYS RATHER THAN EVERY SIXTY DAYS; TO AMEND SECTION 44-22-100, RELATING TO CONFIDENTIALITY OF RECORDS, CERTIFICATES, APPLICATIONS, AND REPORTS, SO AS TO CLARIFY THAT THIS CONFIDENTIALITY EXTENDS TO CERTAIN OTHER CHAPTERS IN TITLE 44; TO AMEND SECTION 44-22-120, RELATING TO CERTAIN RIGHTS THAT PATIENTS ARE ASSURED, SO AS TO INCLUDE THE RIGHT TO CARE FOR ONE'S OWN CLOTHING WHEN ABLE TO DO SO AND TO PROVIDE FOR THE DISPOSITION OF UNCLAIMED PERSONAL PROPERTY WHEN A PATIENT IS DISCHARGED; TO AMEND SECTION 44-22-150, RELATING TO MECHANICAL RESTRAINTS ON PATIENTS, SO AS TO PROVIDE THAT THE RESTRAINTS MUST BE REMOVED EVERY TWO HOURS; TO AMEND SECTION 44-22-210, RELATING TO A PATIENT'S TEMPORARY LEAVE OF ABSENCE, SO AS TO EXTEND THE LIMITATION ON SUCH A LEAVE FROM FOURTEEN TO NINETY DAYS; AND TO REPEAL SECTIONS 44-17-650, 44-23-1010, 44-23-1060, AND 44-52-180 RELATING TO THE RIGHTS OF MENTAL HEALTH PATIENTS.

On motion of Senator BRYAN, with unanimous consent, the Bill was recalled from the Committee on Medical Affairs.

On motion of Senator BRYAN, with unanimous consent, the Bill was ordered placed on the Calendar for consideration tomorrow.

S. 1137 -- Senators Passailaigue, Martschink, McConnell, Fielding and Washington: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REVISE THESE PRECINCTS.

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

On motion of Senator FIELDING, with unanimous consent, the Bill was ordered placed on the Calendar for consideration tomorrow.

The following were introduced:

S. 1226 -- Senators Reese, Courtney and Gilbert: A BILL TO AMEND SECTION 47-13-1350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TESTING OF HORSES BEFORE ENTRY INTO SOUTH CAROLINA, SO AS TO PROVIDE AN EXCEPTION; AND TO AMEND SECTION 47-13-1370, AS AMENDED, RELATING TO PROOF OF TESTS FOR EQUINE INFECTIOUS ANEMIA FOR A PUBLIC ASSEMBLY OF HORSES, SO AS TO REQUIRE A BLOOD SAMPLE DRAWN EACH TIME A HORSE IS OFFERED FOR SALE AT APPROVED AUCTION MARKETS.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 1227 -- Senators Land, Mullinax, Setzler, Matthews, Patterson, Peeler, Gilbert, Fielding, Lourie, Mitchell, Saleeby, Washington and Pope: A BILL TO AMEND SECTION 59-18-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR EVALUATING THE QUALITY OF EDUCATION IN THE SCHOOL DISTRICTS OF THIS STATE AND THE PROCESS FOR DECLARING A SCHOOL DISTRICT SERIOUSLY IMPAIRED, SO AS TO ADD AN ADDITIONAL CRITERION FOR SUCH EVALUATION PERTAINING TO CAPITAL IMPROVEMENT NEEDS WHICH DIRECTLY IMPACT UPON THE EDUCATIONAL OPPORTUNITIES AND LEARNING OF STUDENTS.

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

S. 1228 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-442 SO AS TO PROVIDE THAT PUBLIC SCHOOLS SHALL OBSERVE A ONE-MINUTE PERIOD OF SILENT PRAYER AT THE BEGINNING OF EACH SCHOOL DAY.

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

S. 1229 -- Senator Drummond: A BILL TO AMEND SECTION 40-77-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR A REGISTERED PROFESSIONAL GEOLOGIST, SO AS TO DELETE THE REQUIREMENT FOR ORAL EXAMINATIONS AND REQUIRE APPROPRIATE EXAMINATIONS; TO AMEND SECTION 40-77-370, RELATING TO EXEMPTIONS FROM THE REQUIREMENTS, SO AS TO AUTHORIZE THE BOARD TO DETERMINE THE TIME LIMITS FOR PRACTICING WITH A TEMPORARY PERMIT AND DELETE THE REQUIREMENT FOR REGISTRATION IN A PERSON'S RESIDENT STATE OR COUNTRY FOR A TEMPORARY PERMIT; AND TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF REGISTRATION FOR GEOLOGISTS FOR THREE YEARS.

Read the first time and referred to the General Committee.

S. 1230 -- Senator Shealy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 1 TO TITLE 28 SO AS TO ESTABLISH THE PRIVATE PROPERTY RIGHTS ACT, TO PROVIDE DEFINITIONS, PROTECTION OF PRIVATE PROPERTY FROM PUBLIC TAKING, AND TO PROVIDE FOR JUDICIAL REVIEW.

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

S. 1231 -- Senators Saleeby, Pope, Land, Mullinax and McConnell: A BILL TO AMEND SECTION 42-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTICIPATION UNDER THE STATE WORKERS' COMPENSATION FUND, SO AS TO INCLUDE EMPLOYERS WITH TWENTY-FIVE OR FEWER EMPLOYEES AT THE TIME OF INITIAL COVERAGE, PROVIDE FOR NOTIFICATION WHEN COVERAGE EXPIRES, AND PROVIDE FOR PRIVATE EMPLOYERS TO EXERCISE THEIR OPTION TO PARTICIPATE; AND TO AMEND SECTION 42-7-70, RELATING TO RATES AND PREMIUMS PAID BY PARTICIPANTS, SO AS TO REQUIRE PREMIUMS COLLECTED AND INVESTMENT INCOME FROM PRIVATE EMPLOYERS TO BE DETERMINED, MAINTAINED, AND ACCOUNTED FOR SEPARATELY FROM PREMIUMS OF GOVERNMENTAL ENTITIES.

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

S. 1232 -- Senators Robert W. Hayes, Jr., Stilwell, Rose, Bryan and Leventis: A BILL TO AMEND CHAPTER 3 OF TITLE 36, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM COMMERCIAL CODE REGARDING NEGOTIABLE INSTRUMENTS, SO AS TO REVISE THE ARTICLE IN ITS ENTIRETY; TO AMEND CHAPTER 4 OF TITLE 36, RELATING TO BANK DEPOSITS AND COLLECTIONS, SO AS TO CONFORM TO THE CHANGES IN CHAPTER 3; TO AMEND SECTIONS 36-1-201, AS AMENDED, AND 36-1-207, RELATING TO GENERAL PROVISIONS OF THE UNIFORM COMMERCIAL CODE, SO AS TO CONFORM TO THE CHANGES IN CHAPTER 3; AND TO AMEND SECTION 36-2-511, RELATING TO TENDER OF PAYMENT IN SALES CHAPTER, SO AS TO CONFORM TO THE CHANGES IN CHAPTER 3.

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

S. 1233 -- Senator Shealy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-240 SO AS TO PROVIDE THAT A COURT HAVING JURISDICTION IN A DIVORCE PROCEEDING AND RELATED MATTERS MAY ORDER COURT RECORDS IN THE PROCEEDING SEALED UPON THE MOTION OF A PARTY TO THE PROCEEDING AND TO PROHIBIT THE UNSEALING OF THE RECORDS EXCEPT WITH THE CONSENT OF THE PARTIES TO THE PROCEEDING.

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

S. 1234 -- Senator McGill: A BILL TO AMEND SECTION 40-60-40 AND 40-60-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE LICENSING AND CERTIFICATION REQUIREMENTS OF THE SOUTH CAROLINA REAL ESTATE APPRAISER REGISTRATION, LICENSE, AND CERTIFICATION ACT AND THE CREATION OF THE SOUTH CAROLINA REAL ESTATE APPRAISER BOARD, SO AS TO EXEMPT SALARIED FEDERAL, STATE, AND LOCAL GOVERNMENT EMPLOYEES WHO APPRAISE REAL PROPERTY AS PART OF THEIR OFFICIAL DUTIES AND TO SPECIFY WHEN SUCH EMPLOYEES MUST BE LICENSED OR CERTIFIED; TO PROVIDE THAT STATE OR LOCAL GOVERNMENT EMPLOYEES WHO APPRAISE PROPERTY FOR PURPOSES OF AD VALOREM TAXES MUST BE LICENSED AS CERTIFIED BY THE LATER OF TWENTY-FOUR MONTHS AFTER THEIR EMPLOYMENT OR JULY 1, 1993, AND TO REQUIRE THAT ONE OF THE FOUR REAL ESTATE APPRAISER MEMBERS OF THE SOUTH CAROLINA REAL ESTATE APPRAISER BOARD MUST BE AN EMPLOYEE OF A STATE AGENCY EMPLOYING PERSONS REQUIRED TO BE LICENSED OR CERTIFIED AS AN APPRAISER AND THAT FOR THIS MEMBER PARTICIPATION IN BOARD ACTIVITIES IS CONSIDERED TO BE INCLUDED IN HIS OFFICIAL DUTIES.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 1235 -- Senators Bryan, Mullinax and O'Dell: A BILL TO AMEND SECTION 56-3-1290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFER OF MOTOR VEHICLE PLATES TO ANOTHER VEHICLE OF SAME OWNER, SO AS TO ALLOW TRANSFER BY PERSONS WHO LEASE MOTOR VEHICLES.

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

S. 1236 -- Senator Lourie: A BILL TO AMEND SECTION 56-5-2580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION OF JURORS FROM MUNICIPAL PARKING METERS AND TIME REGULATIONS, SO AS TO PROVIDE THAT THIS EXEMPTION DOES NOT APPLY WHERE PARKING IS PROVIDED OTHERWISE AND TO PROVIDE THAT WHEN SPECIAL PARKING IS PROVIDED FOR JURORS, THE SHERIFF SHALL PROVIDE AN AFTER-HOURS ESCORT TO ACCOMPANY JURORS TO THE PARKING SPACES.

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

S. 1237 -- Senators Saleeby, Land, Pope, Mullinax, Lourie, Thomas, Martin, Patterson, Bryan, Hinds, Nell W. Smith, Leatherman, Helmly and Fielding: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-1875 SO AS TO REQUIRE DRIVER EDUCATION AND TRAINING PROGRAMS AND DEFENSIVE DRIVING COURSES IN VOCATIONAL SCHOOLS; TO AMEND SECTIONS 56-1-30, 56-1-40, 56-1-50, AND 56-1-180, RELATING TO THE ISSUANCE OF DRIVERS' LICENSES, BEGINNERS' PERMITS, AND SPECIAL RESTRICTED LICENSES, SO AS TO INCREASE THE AGE REQUIREMENTS ONE YEAR; TO AMEND SECTIONS 56-1-80 AND 56-1-390, RELATING TO THE ISSUANCE, RENEWAL, AND REINSTATEMENT OF LICENSES AND PERMITS, SO AS TO REQUIRE DRIVER EDUCATION AND TRAINING PROGRAM OR DEFENSIVE DRIVING COURSE CERTIFICATION FOR CERTAIN PERSONS; TO AMEND SECTION 56-5-6540, RELATING TO THE ENFORCEMENT AND PENALTIES FOR FAILING TO WEAR A SAFETY BELT, SO AS TO DELETE THE REQUIREMENT OF ANOTHER VIOLATION OF THE MOTOR VEHICLE LAWS BEFORE A CITATION MAY BE MADE FOR THE FAILURE TO WEAR A SAFETY BELT; TO AMEND SECTION 56-23-60, RELATING TO THE MINIMUM STANDARDS AND CONDITIONS OF OPERATION OF LICENSED DRIVER TRAINING SCHOOLS, SO AS TO REQUIRE THE SCHOOLS TO FOLLOW THE GUIDELINES ESTABLISHED BY THE STATE BOARD OF EDUCATION FOR DRIVER EDUCATION AND TRAINING PROGRAMS; AND TO AMEND ARTICLE 3, CHAPTER 39, TITLE 59, RELATING TO MANDATORY DRIVER EDUCATION AND TRAINING, SO AS TO PROVIDE FOR THE PROGRAMS TO INCLUDE PERSONS AT LEAST SIXTEEN YEARS OF AGE INCLUDING PERSONS IN PUBLIC AND NONPUBLIC SCHOOLS AND PERSONS NOT ENROLLED IN SCHOOLS, REQUIRE FEES FOR PARTICIPANTS, REQUIRE STUDENTS AT LEAST SIXTEEN YEARS OF AGE TO COMPLETE THE PROGRAM BEFORE RECEIVING A DRIVER'S LICENSE, PROVIDE FOR THE STATE BOARD OF EDUCATION TO ESTABLISH GUIDELINES FOR THE PROGRAMS, AND PROVIDE THE MINIMUM REQUIREMENTS OF THE PROGRAMS.

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

S. 1238 -- Senator Pope: A BILL TO AMEND SECTION 56-1-2070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMERCIAL MOTOR VEHICLE DRIVER'S LICENSES AND EXCEPTIONS TO THE LICENSING REQUIREMENT, SO AS TO ADD AN EXCEPTION FOR VETERANS OF THE UNITED STATES ARMED FORCES WHO MEET CERTAIN CRITERIA AND FOR HARDSHIP CASES AS DETERMINED PURSUANT TO REGULATIONS OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND TO PROVIDE THAT VIOLATIONS APPLICABLE TO A HOLDER OF A COMMERCIAL DRIVER'S LICENSE ALSO APPLY TO THE PERSON DRIVING UNDER AN EXEMPTION.

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

H. 4270 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO EXPRESS THE VERY DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. WILLIE SCOTT, SR., ASSISTANT PRINCIPAL OF NEWBERRY HIGH SCHOOL, WHO DIED TRAGICALLY IN A BOATING ACCIDENT EARLIER THIS MONTH.

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

H. 3559 -- Reps. Wilder, Baxley, Manly, Corning, Waites, Wells, Wright, L. Martin, T.C. Alexander, Kempe, Farr, Hendricks and Marchbanks: A BILL TO AMEND SECTION 59-26-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION, SO AS TO INCLUDE THAT PROGRAM APPROVAL STANDARDS AND APPROVED PROGRAM OF COURSE REQUIREMENTS FOR ADDING CERTIFICATION FOR SPECIAL EDUCATION IN THE AREA OF VISION INSURE THAT STUDENTS DEMONSTRATE COMPETENCE IN THE BRAILLE SYSTEM; AND TO AMEND TITLE 59, RELATING TO EDUCATION, BY ADDING CHAPTER 34 SO AS TO ENACT THE BLIND PERSONS' LITERACY RIGHTS AND EDUCATION ACT.

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

H. 3836 -- Rep. Wilkins: A BILL TO AMEND SECTION 7-19-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONGRESSIONAL DISTRICTS, SO AS TO REAPPORTION AND FURTHER PROVIDE FOR THE COMPOSITION OF THE DISTRICTS IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 1990.

Senator WILLIAMS spoke on the Bill.

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

H. 4221 -- Reps. Keegan, Altman, Snow and M. Martin: A BILL TO AMEND ACT 876 OF 1966, RELATING TO THE CREATION OF THE MURRELL'S INLET-GARDEN CITY FIRE DISTRICT, SO AS TO AUTHORIZE THE ANNUAL LEVY AND COLLECTION OF NOT EXCEEDING TEN MILLS UPON ALL TAXABLE PROPERTY WITHIN THE DISTRICT IN ORDER TO DEFRAY THE COST OF ITS OPERATION AND MAINTENANCE.

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

On motion of Senator HINDS, H. 4221 was ordered to receive a second and third reading on the next two legislative days.

H. 4227 -- Reps. L. Martin, Hendricks and Marchbanks: A BILL TO AMEND ACT 285 OF 1987, RELATING TO THE CREATION OF A REGISTRATION AND ELECTIONS COMMISSION FOR PICKENS COUNTY, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMISSION FROM FIVE TO SEVEN.

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

On motion of Senator NELL W. SMITH, H. 4227 was ordered to receive a second and third reading on the next two legislative days.

H. 4242 -- Reps. Gonzales, Hallman, Fulmer, Rama, R. Young, Whipper, Wofford, Holt, Inabinett, G. Bailey, J. Bailey, A. Young, D. Martin and Barber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-137 SO AS TO ESTABLISH NO WAKE ZONES ON THE ASHLEY RIVER.

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

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

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

H. 3603 -- Reps. Waites and Kinon: A BILL TO AMEND SECTION 27-18-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOLDING OF INTANGIBLE PROPERTY FOR THE OWNER BY A COURT, STATE, OR OTHER GOVERNMENT, SO AS TO INCREASE FROM ONE TO FIVE YEARS THE HOLDING TIME FOR PROPERTY BEFORE IT IS DECLARED ABANDONED.

H. 4042 -- Rep. Holt: A BILL TO AMEND ACT 440 OF 1949, AS AMENDED, RELATING TO THE ST. PAUL'S FIRE COMMISSION IN CHARLESTON COUNTY, SO AS TO PROVIDE FOR FOUR YEAR TERMS FOR ITS MEMBERS AND TO PROVIDE THAT CURRENT COMMISSIONERS SHALL CONTINUE TO SERVE UNTIL THEIR SUCCESSORS ARE APPOINTED AS PROVIDED IN THIS ACT.

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

Senator WASHINGTON proposed the following amendment (JIC\6076.HC), which was adopted:

Amend the bill, as and if amended, in Section 4 as contained in SECTION 1, page 1, by inserting after /district/ on line 28 /and areas within the district as provided in this section/.

Amend further, page 1, by inserting before /They/ on line 37 /Two members each must be appointed from Edisto and Hollywood and one member each must be appointed from Ravenel, Meggett, and Adams Run./

Amend further, in SECTION 2, page 2, lines 4, 7, and 16, by striking /1991/ and inserting /1992/ and on line 9 by striking /1993/ and inserting /1994/ and on line 10 by striking /1995/ and inserting /1996/.

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 WASHINGTON, H. 4042 was ordered to receive a third reading on Wednesday, January 29, 1992.

H. 4177 -- Reps. Gentry, D. Martin, Hendricks and Hodges: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, FEBRUARY 5, 1992, AT 12:00 NOON AS THE TIME FOR ELECTING SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1992, JUNE 30, 1994, AND JUNE 30, 1995; AND TO ELECT A SUCCESSOR FOR A JUDGE OF THE FAMILY COURT WHOSE TERM EXPIRES JUNE 30, 1995.

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

H. 4181 -- Reps. Keyserling, Jaskwhich, Rogers, H. Brown, Waites and J. Harris: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1992 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1992 FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE ON WEDNESDAY, APRIL 29, 1992, AT 12:30 P.M., AND TO RECOGNIZE AND COMMEND THE 1992 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

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

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.

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

S. 828 -- Senator McConnell: A BILL TO AMEND SECTION 6-7-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ZONING BY MUNICIPALITIES AND COUNTIES, SO AS TO PROVIDE FOR MITIGATION WHEN INCREASED TRAFFIC CONGESTION IS ANTICIPATED AS A RESULT OF THE GRANTING OF A ZONING VARIANCE OR REGULATION AND PROVIDE EXCEPTIONS.

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

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

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 and previously printed in the Journal of May 22, 1991.

On motion of Senator J. VERNE SMITH, the Bill was carried over.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

S. 249 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE IN THE CASE OF TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND, TO PROVIDE THAT THE TEN ACRE REQUIREMENT DOES NOT APPLY IF THERE IS AT LEAST ONE THOUSAND DOLLARS OF GROSS FARM INCOME FOR AT LEAST THREE OF THE FIVE TAXABLE YEARS PRECEDING THE APPLICATION FOR AGRICULTURAL USE, TO MAKE NEW OWNERS OF LESS THAN TEN ACRES ELIGIBLE FOR AGRICULTURAL USE SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATION, TO AUTHORIZE THE ASSESSOR TO OBTAIN TAX INFORMATION AND THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE FARM IDENTIFICATION NUMBER TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT IN THE CASE OF LEASE OPERATIONS, THE LESSOR OR LESSEE SHALL MEET THE REQUIREMENTS, AND TO REQUIRE APPLICANTS FOR AGRICULTURAL USE OR THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS TO CERTIFY THAT THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL TO MAKE A FALSE STATEMENT ON AN APPLICATION FOR AGRICULTURAL USE AND THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS AND PROVIDE A PENALTY; AND TO EXEMPT FROM THE ROLLBACK TAX LANDOWNERS MADE INELIGIBLE FOR AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.

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

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

H. 3716 -- Reps. Whipper, D. Williams, Wofford, Barber, Fulmer, R. Young, Rama, Hallman, D. Martin, Gonzales, Snow, Altman, White, Keegan, J. Williams, G. Bailey and A. Young: A BILL TO AMEND SECTION 59-130-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE BOARD OF TRUSTEES OF THE COLLEGE OF CHARLESTON, SO AS TO AUTHORIZE THE BOARD TO CREATE THE UNIVERSITY OF CHARLESTON AND PROVIDE FOR OTHER RELATED MATTERS IN CONNECTION WITH THE CREATION OF THIS UNIVERSITY.

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

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

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

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

The amendment proposed by the Committee on Finance (BBM\9463.SD) was adopted as follows:

Amend the report of the Committee on Judiciary, as and if amended, by adding after line 2 on page [555-4] the following:

/Amend the bill further, as and if amended, by adding at the end of Section 14-7-1780 the following:

"Nothing herein authorizes the Attorney General to expend general funds above the level of appropriations authorized annually in the general appropriations act or acts supplemental thereto."/

Amend title to conform.

The question then was the adoption of the amendment proposed by the Committee on Judiciary.

Senator POPE proposed the following amendment (JUD555.001), which was adopted:

Amend the report of the Committee on Judiciary, as and if amended, page 555-2, line 9, by striking /official/ and inserting therein /office/.

Amend the report further, as and if amended, page 555-2, line 13, by striking /official/ and inserting therein /office/ .

Amend the bill, as and if amended, page 2, by inserting a new paragraph to begin after line 12, in Section 14-7-1610, as contained in SECTION 1, to read as follows:

/The General Assembly further finds that there is a need to enhance the grand jury system to improve the ability of the State to detect and investigate crimes involving the election laws, including, but not limited to, those named offenses as specified in Title 7, or any common law crimes involving the election laws where not superseded, or any crime arising out of or in connection with the election laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving the election laws./

Amend the bill further, as and if amended, page 2, line 24, in Section 14-7-1610, as contained in SECTION 1, by inserting /and election laws/ after /corruption/

Amend title to conform.

Senator POPE explained the amendment.

The amendment was adopted.

Senator SHEALY argued contra to the adoption of the amendment proposed by the Committee on Judiciary.

Senator WILLIAMS spoke on the Bill.

Senator MOORE spoke on the Bill.

The amendment proposed by the Committee on Judiciary (JUD555.8) was adopted as follows:

Amend the bill, as and if amended, page 1, line 37, in Section 14-7-1610, as contained in SECTION 1, by inserting after /State./ the following /The General Assembly recognizes the great importance of having the federal authorities available for certain investigations./

Amend the bill further, as and if amended, page 2, beginning on line 38, by striking Section 14-7-1615(B), as contained in SECTION 1, in its entirety and inserting therein the following:

/(B) The term `public corruption' means any unlawful activity, under color of or in connection with any public office or employment, of:

(1) any public official, public member, or public employee, or the agent, servant, assignee, consultant, contractor, vendor, designee, appointee, representative, or any other person of like relationship, by whatever designation known, of any public official, public member, or public employee under color of or in connection with any public office or employment; or

(2) any candidate for public official or the agent, servant, assignee, consultant, contractor, vendor, designee, appointee, representative of, or any other person of like relationship, by whatever name known, of any candidate for public official./

Amend the bill further, as and if amended, page 4, line 14, in Section 14-7-1630(B), as contained in SECTION 1, by striking /considers it necessary/ and inserting therein /considers consider it necessary and normal investigative or prosecutorial procedures are not adequate/

Amend the bill further, as and if amended, page 4, beginning on line 22, in Section 14-7-1630(B), as contained in SECTION 1, by striking /subsections (A)(1) and (A)(2)/ and inserting /subsection (A)(1)/ .

Amend the bill further, as and if amended, page 6, beginning on line 1, by striking Section 14-7-1650, as contained in SECTION 1, in its entirety and inserting therein the following:
/"Section 14-7-1650. (A) The Attorney General or his designee shall attend sessions of the a state grand jury and shall serve as its legal advisor. The Attorney General or his designee shall examine witnesses, and shall present evidence, and draft indictments and reports upon the direction of a to the state grand jury.

(B) In all investigations of the crimes specified in Section 14-7-1630, except in matters where the solicitor(s) or his staff are the subject(s) of such investigation, the Attorney General shall consult with the appropriate solicitor(s) of the jurisdiction(s) where the crime or crimes occurred. After consultation, the Attorney General shall determine whether the investigation should be presented to a county grand jury or whether to petition, under Section 14-7-1630(B), for a state grand jury investigation.

(C) Where it is determined that a conflict of interest disqualifies a solicitor or the Attorney General from participation in a state grand jury investigation and prosecution, the following shall apply:

(1) in the case of a solicitor, the Attorney General shall conduct such investigation and prosecution unless the Attorney General and a solicitor not so disqualified concur in the appointment by the Attorney General of the eligible solicitor as a designee of the Attorney General pursuant to Sections 14-7-1650 and 14-7-1750;

(2) in the case of the Attorney General's disqualification, the matter shall be referred to a solicitor for investigation and prosecution.

Any doubt regarding disqualification shall be resolved by the presiding judge of the state grand jury."/

Amend the bill further, as and if amended, page 7, line 3, in Section 14-7-1660, as contained in SECTION 2, by striking /shall/ and inserting therein /shall/ .

Amend the bill further, as and if amended, page 9, line 20, in Section 14-7-1700, as contained in SECTION 1, by inserting after /designee./ the following /Subject to the limitations of Section 14-7-1720(A) and (D) and Rule 5, South Carolina Rules of Criminal Procedure, a copy of the transcript of the recorded testimony or proceedings requested by the Attorney General or his designee shall be provided to the defendant by the court reporter, upon request, at the transcript rate established by the Office of Court Administration./

Amend the bill further, as and if amended, page 12, line 34, in Section 14-7-1760, as contained in SECTION 1, by striking /evidence produced/ and inserting the following /evidence produced other information produced, or any information directly or indirectly derived from such testimony or such other information,/

Amend title to conform.

The question then was the second reading of the Bill.

Senator SHEALY proposed the following amendment (CYY\18638.SD), which was tabled:

Amend the bill, as and if amended, by adding a new Section 14-7-1635 immediately following Section 14-7-1630 to read:

/Section 14-7-1635. State authorities investigating criminal activity in conjunction with and under the auspices of the state grand jury must determine if the criminal activity is in violation of both state and federal law. If a determination is made that the criminal activity is also in violation of federal law, the state investigative authorities must notify the U. S. Attorney of this fact. Unless the U. S. Attorney declines to investigate or prosecute this criminal activity within ten days of being so notified, all further investigation of this activity by state authorities must cease./

Amend title to conform.

Senator SHEALY argued in favor of the adoption of the amendment and Senators WILLLIAMS and POPE argued contra.

Senator WILLIAMS moved to lay the amendment on the table.

The amendment was laid on the table.

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

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

S. 268 -- Senator Mullinax: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 43 SO AS TO PROVIDE FOR A COUNTY HUMAN RESOURCES COMMISSION; TO AMEND SECTIONS 43-41-10, 43-41-30, AND 43-41-40, RELATING TO THE GLEAAMS HUMAN RESOURCES COMMISSION, SO AS TO DELETE THE PROVISIONS FOR THE COMMISSION IN ANDERSON COUNTY; TO CHANGE THE NAME OF THE COMMISSION TO GLEAMS; AND TO PROVIDE FOR THE EXPIRATION OF THE TERMS OF THE MEMBERS OF THE COMMISSION REPRESENTING ANDERSON COUNTY.

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

S. 572 -- Senator Drummond: 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.

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

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 MACAULAY, the Bill was carried over, carrying over all amendments until third reading.

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 MACAULAY, the Bill was carried over.

S. 494 -- Senators Lourie, Leventis, McConnell, J. Verne Smith, Macaulay, Passailaigue, Long, Fielding, Helmly, Thomas, Russell, Rose, O'Dell, Mitchell and Washington: A BILL TO AMEND ARTICLES 1, 3, AND 5, CHAPTER 3, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE DESIGNATION OF HIGHWAY DISTRICTS, THE ELECTION OF HIGHWAY COMMISSIONERS, AND THE APPOINTMENT OF DEPARTMENT PERSONNEL SO AS TO PROVIDE FOR THE REORGANIZATION OF THE DEPARTMENT BY PROVIDING FOR DEFINITIONS TO BE USED IN CHAPTER 3, BY CHANGING THE NAME OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION, BY PROVIDING FOR THE CREATION OF CERTAIN DIVISIONS WITHIN THE DEPARTMENT AND THE APPOINTMENT OF DIVISION MANAGERS, BY PROVIDING FOR THE ELECTION OF HIGHWAY COMMISSIONERS BY THE GENERAL ASSEMBLY AT LARGE AND THEIR TERM OF OFFICE, BY PROVIDING FOR THE CREATION OF SEVEN HIGHWAY DISTRICTS, AND BY PROVIDING FOR THE APPOINTMENT OF OTHER DEPARTMENT PERSONNEL; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE DEPARTMENT SO AS TO PROVIDE THAT THE DEPARTMENT MUST PROCESS ALL VOUCHERS FOR THE PAYMENT OF GOODS, SERVICES, AND PERSONNEL SERVICES THROUGH THE COMPTROLLER GENERAL'S OFFICE; TO PROVIDE FOR NEW TERMS OF OFFICE FOR COMMISSIONERS ELECTED FOR TERMS BEGINNING IN 1992; TO AMEND SECTION 11-35-45(B), RELATING TO THE DEPARTMENT'S LUMP SUM STATUS BY ELIMINATING THE DEPARTMENT'S LUMP SUM STATUS; TO PROVIDE THAT THE CODE COMMISSIONER CHANGE CERTAIN REFERENCES IN THE 1976 CODE; TO REPEAL SECTION 124.20, PART I, ACT 612 OF 1990 RELATING TO BUDGET TRANSFERS; AND TO PROVIDE FOR THE CREATION OF AN OMBUDSMAN WITHIN THE DEPARTMENT.

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

Senator MACAULAY moved that the Bill be carried over.

Senator McCONNELL moved to table the motion to carry over.

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

Courson Courtney Drummond
Fielding Helmly Leatherman
Leventis Lourie Martschink
McConnell Moore Passailaigue
Patterson Peeler Rose
Russell Setzler Smith, J.V.
Smith, N.W. Stilwell Thomas
Washington Wilson

Bryan Carmichael Gilbert
Hayes, R.W. Hinds Holland
Land Macaulay Martin
McGill Mitchell Mullinax
O'Dell Pope Reese
Saleeby Shealy Williams

The motion to carry over was laid on the table.

Senator LAND spoke on the Bill.

Senator HOLLAND asked unanimous consent, with Senator LAND retaining the floor, to make a motion to reconsider the vote whereby the motion to carry over the Bill was laid on the table.

Senator McCONNELL objected.

Senator LAND continued speaking on the Bill.

Senator LAND asked unanimous consent to make a motion that the Bill be carried over.

Senator POPE objected.

Senator LAND moved to carry over the Bill.

Senator McCONNELL moved to table the motion to carry over.

Senator LAND withdrew the motion to carry over.

Senator LAND continued speaking on the Bill.

At 1:21 P.M., on motion of Senator McCONNELL, Senator LAND retaining the floor, the Senate receded from business not to exceed five minutes.

At 1:29 P.M., the Senate resumed.

Senator WILLIAMS, with unanimous consent, was recognized to speak on the Bill.

Senator WILLIAMS asked unanimous consent, with Senator LAND retaining the floor, to make a motion to adjourn debate on the Bill.

Senator MITCHELL objected.

Senator LAND resumed speaking on the Bill.

Senator LAND moved to adjourn debate on the Bill.

Debate was adjourned on the Bill.

At 1:30 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

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