Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

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

Beloved, hear an exhortation of St. Paul to the Colossians... in Phillips' rendering (3:23):

"Whatever you do, put your whole heart and soul into it, as into work done for God, and not merely for men... knowing that your reward, a heavenly one, will come from God,..."

Let us pray.

Lord, we confess that it may be a little strange sometimes for us who are so accustomed to putting our people first, that we should be interested in what St. Paul says... reminding us that our first loyalty is to our God.

Help us to order our goals... and our methods... and our procedures... to set our priorities... and stay with them... lest we succumb to the vast assortment of pressures... and diversions... with which we are daily confronted.

Show us, O Lord, that in our judgements and decisions, there may be merit sometimes in putting aside the good and the nice in favor of the better and the best.

Amen.

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

February 5, 1992
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Reappointment, Member, Chester County Board of Voter Registration, with term to expire March 15, 1994:

Mr. Ernest L. Atkinson, 200 Ashford Street, Chester, South Carolina 29706

February 3, 1992
The Honorable John Courson
Chairman, Senate Invitations Committee
410 Gressette Building
Columbia, S.C. 29202

Dear Senator Courson:

On Tuesday, February 11, 1992, 11:00 A.M. - 1:30 P.M., S.C. Teen Pregnancy Reduction Network, Inc., March of Dimes, South Carolina Finance Commission, Department of Social Services, Human Affairs Commission, and a variety of organizations will come together for the second annual Teen Pregnancy Awareness Day at the State House. As you know, teen pregnancy is on the rise again. Moreover, data provided from the South Carolina Youth Behavioral Risk Survey describes the growing incidence of early sexual involvement among our young people (see enclosure). Now more than ever, all South Carolinians must decide how we can best solve our dilemma.

I made a major error and didn't realize that I needed to send an invitation to your office for this event. Consequently, we have made major plans, invited children and adults from around the State, and don't have the event on the master Calendar. Moreover, the keynote speaker is coming from North Carolina to inform community leaders about teen pregnancy prevention methods that work.

We humbly request your consideration in this matter and ask that you allow us to enter the event on your Calendar beginning February 10, 1992. I've enclosed a copy of the Governor's Proclamation for your perusal. We look forward to hearing from you and thank you for your leadership.

Very Sincerely,
Bambi W. Sumpter, DrPH
President
TPRN, Inc.

Referred to the Committee on Invitations.

November 12, 1991
The Honorable John Courson
Chairman, Senate Invitations Committee
410 Gressette Building
Columbia, S.C. 29202

Dear Senator Courson:

The Summary Court Judges Association (Magistrates) would like to host a reception honoring the General Assembly and Constitutional Officers in appreciation for their leadership and support.

The date is February 11, 1992, the time is 6:00 P.M. til 8:00 P.M. The location, Holiday Inn, Assembly St. (See Attached), Columbia, S.C.

The menu will consist of heavy hors d'oeuvres and cocktails.

Please feel free to contact me if additional information is requested.

Sincerely,
Becky W. Gerrard
Executive Secretary
Summary Court Judges Assoc.

Referred to the Committee on Invitations.

December 30, 1991
The Honorable John Courson
Chairman, Senate Invitations Committee
410 Gressette Building
Columbia, S.C. 29202

Dear Senator Courson:

The South Carolina Association of Probate Judges would like to extend an invitation to the members of the Senate to a reception at The Marriott, 1200 Hampton Street, Columbia, South Carolina, on Tuesday night, February 11, 1992, from 8:00 P.M. to 10:00 P.M.

We look forward to having the members of the Senate as our guests at this reception.

Yours truly,
Carolyn L. Wright, President
South Carolina Association
of Probate Judges

Referred to the Committee on Invitations.

May 8, 1991
The Honorable John Courson
Chairman, Senate Invitations Committee
410 Gressette Building
Columbia, S.C. 29202

Dear Senator Courson:

The Municipal Association of South Carolina will hold its 18th Annual Winter Meeting and Legislative Conference on February 12, 1992, in Columbia at the Marriott Hotel.

We would like to extend an invitation to members of the Senate and their spouses to be our guests at a reception Wednesday night, February 12th, in the Ballroom of the Marriott Hotel from 6:30 P.M. to 8:00 P.M.

Best Wishes.

Sincerely,
J. McDonald Wray
Executive Director

Referred to the Committee on Invitations.

January 22, 1992
The Honorable John Courson
Chairman, Senate Invitations Committee
410 Gressette Building
Columbia, S.C. 29202

Dear Senator Courson:

You and all members of the Senate are invited to Carolinas AGC's annual South Carolina Legislative Reception on February 18, 1992, from 6:00 to 8:00 P.M., at the Embassy Suites Hotel in Columbia. Each member of the legislature may bring a spouse or guest. This time has been tentatively reserved on your Calendar since last year. Please let me know if there is any problem with the time and date.

Steps are being taken to ensure that this function fully complies with the newly enacted State Ethics Law and other pertinent statutes. Invitations to all members of the legislature will be mailed on February 3rd. Normal attendance for this reception is about 400, including 250-300 representatives of the construction industry. Please let me know if I can provide additional information.

We look forward to being with you on February 18th.

Sincerely,
Stephen P. Gennett, CAE
Executive Vice President

Referred to the Committee on Invitations.

January 16, 1992
The Honorable John Courson
Chairman, Senate Invitations Committee
410 Gressette Building
Columbia, S.C. 29202

Dear Senator Courson:

The S.C. Arts Alliance will send invitations to the entire House and Senate to attend a free breakfast on February 19, 1992, at 8:15 A.M. at the S.C. State Museum.

They have asked that this breakfast be put on the House and Senate Calendars and I agreed to forward their request to you.

Should you have questions, please contact Ms. Jeanette Guinn at the S.C. Arts Commission, phone 734-8696.

Thanks so much!

Len Marini

Referred to the Committee on Invitations.

January 10, 1992
The Honorable John Courson
Chairman, Senate Invitations Committee
410 Gressette Building
Columbia, S.C. 29202

Dear Senator Courson:

This is to confirm that the South Carolina Association of Counties has issued an invitation to the members of the South Carolina Senate and attaches to attend a Legislative Reception on Wednesday, February 19, 1992, from 6:00 to 7:30 P.M. at the Embassy Suites Hotel in Columbia. This reception is in conjunction with our Fifth Annual Mid-Year Conference for County Officials.

We look forward to having the members of the Senate with us on that evening. With best wishes, I am

Very truly yours,
Michael B. Cone
Executive Director

Referred to the Committee on Invitations.

October 31, 1991
The Honorable John Courson
Chairman, Senate Invitations Committee
410 Gressette Building
Columbia, S.C. 29202

Dear Senator Courson:

The South Carolina Farm Bureau Federation cordially extends an invitation to the members of the Senate, Research Directors, Administrative Assistants, Secretaries, Spouses and/or escorts, to attend our annual Legislative Banquet on Tuesday, February 25th, 1992, at 6:00 P.M. at the Ellison Building, State Fairgrounds in Columbia.

Traditionally, we begin on time and present a very short program... that is our plan this year. We will not hold you to a late hour.

Sincerely,
Harry S. Bell
President

Referred to the Committee on Invitations.

September 20, 1991
The Honorable John Courson
Chairman, Senate Invitations Committee
410 Gressette Building
Columbia, S.C. 29202

Dear Senator Courson:

On behalf of our Center for Health Promotion, I want to invite members of the Senate and their staff to attend the Fourth Annual Legislative Cardiovascular Health Event on Wednesday, February 26, 1992, from 9:00 A.M. to 4:00 P.M. in the main lobby of the State House.

Legislators will, once again, have the opportunity to experience some of the community health promotion services provided by DHEC statewide.

Should you have any questions, please contact Ms. Sally Temple, Center for Health Promotion, at 737-4125.

Sincerely,
Michael D. Jarrett
Commissioner

Referred to the Committee on Invitations.

August 23, 1991
The Honorable John Courson
Chairman, Senate Invitations Committee
410 Gressette Building
Columbia, S.C. 29202

Dear Senator Courson:

Santee Cooper's Board of Directors cordially invites the members of the Senate to attend a luncheon on Wednesday, February 26. The luncheon will begin upon adjournment at the Capital City Club, 1201 Main Street, Columbia.

We look forward to having you join us.

Sincerely,
John S. Rainey

Referred to the Committee on Invitations.

March 7, 1991
The Honorable John Courson
Chairman, Senate Invitations Committee
410 Gressette Building
Columbia, S.C. 29202

Dear Senator Courson:

Please place the following event on the printed calendar for 1992:

Annual Donor Reception honoring the S.C. General Assembly and Major Donors to the S.C. State Museum; Sponsored by the Joint Legislative Committee on Cultural Affairs and the S.C. State Museum Foundation.

Wednesday, February 26, 1992, 7-9 P.M. at S.C. State Museum.

Thanks! (All House and Senate members invited)

Len Marini

Referred to the Committee on Invitations.

October 22, 1991
The Honorable John Courson
Chairman, Senate Invitations Committee
410 Gressette Building
Columbia, S.C. 29202

Dear Senator Courson:

The Public Affairs/Legislative Committee of the South Carolina Home Economics Association would like to invite members of the Senate to a hospitality table on Thursday, February 27, 1992, from 9:00 A.M. to 10:00 A.M. in the lobby of the State House.

We look forward to seeing you then.

Sincerely,
Carolyn P. Tolson
County Extension Director

Referred to the Committee on Invitations.

Senator J. VERNE SMITH introduced Dr. John B. Eberly of Taylors, S.C., Doctor of the Day.

Columbia, S.C., February 5, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on S. 1003 by a vote of 73 to 47, not two-thirds necessary to override:
(R258) S. 1003 -- Judiciary Committee: AN ACT TO ADOPT THE UNITED STATES CENSUS OF 1990 AS THE TRUE AND CORRECT ENUMERATION OF THE INHABITANTS OF THE STATE OF SOUTH CAROLINA AND OF THE SEVERAL COUNTIES, MUNICIPALITIES, AND OTHER POLITICAL SUBDIVISIONS OF THIS STATE, TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-15 SO AS TO ESTABLISH THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED COMMENCING WITH THE 1992 GENERAL ELECTION, TO DESIGNATE THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE HOUSE REAPPORTIONMENT PLAN CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT, AND TO REPEAL SECTION 2-1-10, RELATING TO CURRENT ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED SUBJECT TO CERTAIN CONDITIONS.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., February 5, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3834 by a vote of 77 to 44, not two-thirds necessary to override:
(R259) H. 3834 -- Rep. Wilkins: AN ACT TO ADOPT THE UNITED STATES CENSUS OF 1990 AS THE TRUE AND CORRECT ENUMERATION OF THE INHABITANTS OF THE STATE OF SOUTH CAROLINA AND OF THE SEVERAL COUNTIES, MUNICIPALITIES, AND OTHER POLITICAL SUBDIVISIONS OF THIS STATE, TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-15 SO AS TO ESTABLISH THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED COMMENCING WITH THE 1992 GENERAL ELECTION, TO DESIGNATE THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE HOUSE REAPPORTIONMENT PLAN CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT, AND TO REPEAL SECTION 2-1-10, RELATING TO CURRENT ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED SUBJECT TO CERTAIN CONDITIONS.
Very respectfully,
Speaker of the House

Received as information.

S. 1210 -- Senators Nell W. Smith and Moore: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK BEGINNING OCTOBER 11, 1992, AS "SOUTH CAROLINA CHILDREN'S WEEK" AND TO REQUEST THE GOVERNOR TO CALL UPON THE PEOPLE OF THIS STATE TO OBSERVE THE WEEK WITH APPROPRIATE CEREMONIES AND ACTIVITIES.

Returned with concurrence.

Received as information.

S. 1133 -- Senator Setzler: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS AND THE SECRETARY OF THE DEPARTMENT OF VETERANS AFFAIRS TO OPPOSE AND PREVENT ANY ATTEMPT TO ALLOW NONVETERANS THE USE OF VA MEDICAL FACILITIES.

Returned with concurrence.

Received as information.

S. 1268 -- Senators Moore, Setzler, Hinson, Mitchell and Reese: A CONCURRENT RESOLUTION TO CONGRATULATE THE GRANITEVILLE COMPANY OF AIKEN COUNTY AND ITS ASSOCIATES OF GREIGE MILLS AND SERVICE AREAS FOR THEIR OUTSTANDING PERFORMANCE AND ACCOMPLISHMENT IN WORK SAFETY BY OPERATING FOR TWO YEARS WITHOUT A "LOST TIME" INJURY WHICH AMOUNTS TO OVER TWENTY-SEVEN MILLION WORK HOURS.

Returned with concurrence.

Received as information.

Senator WILLIAMS moved that a call of the Senate be made. The following Senators answered the call:
Bryan Carmichael Courson
Courtney Drummond Fielding
Giese Gilbert Hayes, R.W.
Helmly Hinds Hinson
Holland Land Leatherman
Leventis Lourie Macaulay
Martin Martschink Matthews
McConnell McGill Moore
Mullinax O'Dell Passailaigue
Patterson Peeler Pope
Reese Rose Russell
Setzler Shealy Smith, J.V.
Smith, N.W. Stilwell Thomas
Washington Williams Wilson

The Senate resumed.

H. 3447 -- Reps. Wilkins, J. Williams, Lanford, Clyborne, Sturkie, Wright, Chamblee, Hayes, Tucker, Farr, Cork, Hendricks, J. Bailey, Wofford, Burch, McKay, Rama, Bruce, Harvin, H. Brown, Baker, Fair, Baxley, Snow, L. Martin, Waldrop, Keyserling, Felder, Keegan and Phillips: A BILL TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REQUIRE THAT A CANDIDATE FOR SHERIFF BE AT LEAST TWENTY-SIX YEARS OF AGE, A RESIDENT OF THE COUNTY FOR TWO YEARS, HAVE FIVE YEARS OF LAW ENFORCEMENT EXPERIENCE, BE FINGERPRINTED AND HAVE A FINGERPRINT SEARCH CONDUCTED, AND FILE WITH THE CLERK OF COURT AN AFFIDAVIT.

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

The Bill was ordered placed on the Calendar for consideration tomorrow.

S. 1267 -- Senator Matthews: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO HONOR THE MEMORY OF HIGHWAY PATROLMAN MARVIN L. TITUS, WHO DIED IN THE LINE OF DUTY ON NOVEMBER 21, 1991, BY NAMING THE BAMBERG HIGHWAY PATROL OFFICE THE MARVIN L. TITUS BUILDING.

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

On motion of Senator MATTHEWS, the Concurrent Resolution was adopted, ordered sent to the House.

The following were introduced:

S. 1274 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-57 SO AS TO ESTABLISH A THIRTY-FIVE DOLLAR RATE OF SUBSISTENCE FOR MEMBERS OF STATE BOARDS, COMMISSIONS, AND COMMITTEES AND TO ESTABLISH A CAP OF SEVENTY-NINE DOLLARS WHEN THE MEMBER IS REIMBURSED FOR ACTUAL EXPENSES INCURRED ON OFFICIAL BUSINESS; AND TO AMEND SECTION 2-3-30, RELATING TO SUBSISTENCE EXPENSES FOR MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT SUBSISTENCE EXPENSES MUST BE PAID FOR ACTUAL EXPENSES NOT TO EXCEED SEVENTY-NINE DOLLARS A DAY.

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

S. 1275 -- Senator Rose: A BILL TO AMEND CHAPTER 23, TITLE 15 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-15-115 SO AS TO MAKE IT UNLAWFUL FOR A PUBLIC OFFICIAL OR PUBLIC EMPLOYEE WHO IS A LAW ENFORCEMENT OFFICIAL TO ASK OR REQUIRE AN EMPLOYEE TO PARTICIPATE IN PARTISAN POLITICAL ACTIVITY AND TO MAKE IT UNLAWFUL FOR A PUBLIC OFFICIAL OR PUBLIC EMPLOYEE WHO IS A LAW ENFORCEMENT OFFICIAL TO DERIVE INCOME FROM PROVIDING GOODS OR SERVICES TO A PRISONER.

Senator ROSE spoke on the Bill.

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

S. 1276 -- Senator Rose: A BILL TO AMEND SECTION 8-13-1180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF A PUBLIC OFFICIAL OR EMPLOYEE, SO AS TO PROVIDE THAT AN APPLICANT OR EMPLOYEE MAY NOT BE REQUIRED TO PARTICIPATE IN PARTISAN POLITICAL ACTIVITY AS A CONDITION OF EMPLOYMENT OR CONTINUED EMPLOYMENT.

Senator ROSE spoke on the Bill.

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

S. 1277 -- Senator Hinds: A BILL TO AMEND SECTION 8-21-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROBATE FEES AND COSTS, SO AS TO MAKE TERMINOLOGY CHANGES IN CONFORMANCE WITH THE REVISED PROBATE CODE AND INCREASE CERTAIN FEES.

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

H. 4077 -- Rep. Rhoad: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO HONOR THE MEMORY OF HIGHWAY PATROLMAN MARVIN L. TITUS, WHO DIED IN THE LINE OF DUTY ON NOVEMBER 21, 1991, BY NAMING THE BAMBERG HIGHWAY PATROL OFFICE THE MARVIN L. TITUS BUILDING.

Whereas, the members of the General Assembly were shocked and saddened to learn during the legislative interim of the death of Trooper Marvin L. Titus of the South Carolina Highway Patrol, who died in the line of duty on November 21, 1991; and

Whereas, the ultimate sacrifice made by this outstanding young law enforcement officer while he was serving to protect the good people of this State brings to mind the dangers faced by all who serve in the field of law enforcement as they pursue their duties to protect and to serve the public; and

Whereas, the members of the General Assembly believe it appropriate to honor the memory of the distinguished service and great sacrifice of Trooper Titus by naming the Bamberg Highway Patrol Office for him; and

Whereas, this gesture will be some small tangible display of the esteem in which Trooper Titus was held by his patrol colleagues, other law enforcement personnel, his friends and family, and, indeed, all the Bamberg community. Now, therefore,

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

That the South Carolina Highways and Public Transportation Commission is requested to honor the memory of Highway Patrolman Marvin L. Titus, who died in the line of duty on November 21, 1991, by naming the Bamberg Highway Patrol Office the Marvin L. Titus Building.

Be it further resolved that a copy of this resolution be forwarded to the Chairman of the South Carolina Department of Highways and Public Transportation Commission.

Referred to the Committee on Transportation.

H. 4201 -- Reps. Keyserling, J. Bailey, Rogers, Whipper, Manly and Waites: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO AMEND THE BUDGET ENFORCEMENT ACT OF 1991 TO ALLOW FOR TRANSFERS OF SAVINGS IN THE MILITARY ACCOUNT TO THE DOMESTIC BUDGET; TO SIGNIFICANTLY REDUCE MILITARY SPENDING TO A LEVEL MORE APPROPRIATE TO THE POST COLD WAR WORLD ENVIRONMENT BY TRANSFERRING THESE SAVINGS TO MEET THE SOCIAL AND ECONOMIC NEEDS OF THIS COUNTRY; AND TO DEVELOP A MECHANISM TO PROVIDE FOR THE TIMELY AND ORDERLY CONVERSION FROM A MILITARY TO A CIVILIAN ORIENTED ECONOMY.

Whereas, the State of South Carolina faces an increasing array of critical unmet needs which cannot be met by state revenues; and

Whereas, state and local government responsibility for providing human services and paying for its infrastructure has increased over the past decade as have federal mandates to do so; and

Whereas, federal aid to states and communities has dropped from twenty-nine and four-tenths percent to sixteen percent of their budgets over the past decade; and

Whereas, this budget crisis results in deep cuts in human services which will increase homelessness, hunger, and health risks for our citizens; results in severe cuts in local aid, public schools, day care and higher education; results in deep cuts in public health and hazardous waste cleanup, endangering the health of our citizens; results in cuts that will debilitate safety, corrections, and youth services; and further results in cuts in infrastructure maintenance and repair, increasing transportation problems and endangering public safety; and

Whereas, the recent end to the Cold War and the death of communism have greatly reduced the need for military spending. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, memorialize the United States Congress to amend the Budget Enforcement Act of 1991 to allow for transfers of savings in the military account to the domestic budget.

Be it further resolved that Congress significantly reduce military spending to a level more appropriate to the post Cold War world environment, thereby providing savings that can and will be transferred to meet the country's enormous social and economic needs.

Be it further resolved that, in order to avoid unnecessary economic dislocation there be developed a mechanism to provide for the timely and orderly conversion from a military to a civilian oriented economy.

Be it further resolved that a copy of this resolution be forwarded to each member of the South Carolina Congressional Delegation.

Referred to the Committee on Finance.

H. 4301 -- Reps. Koon, M.O. Alexander, T.C. Alexander, Altman, Anderson, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, Boan, G. Brown, H. Brown, J. Brown, Bruce, K. Burch, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Cromer, Delleney, D. Elliott, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Hallman, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Hodges, Holt, Houck, Huff, Hyatt, Inabinett, Jaskwhich, Jennings, J.C. Johnson, J.W. Johnson, Keegan, Kempe, Kennedy, Keyserling, Kinon, Kirsh, Klapman, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McAbee, McCraw, McElveen, McGinnis, McKay, McLeod, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Riser, Rogers, Ross, Rudnick, Scott, Sharpe, Sheheen, Shirley, Shissias, Smith, Snow, Stoddard, Stone, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH IN JUNE, 1991, OF CURRIE B. SPIVEY, JR., CHAIRMAN OF THE STATE DEVELOPMENT BOARD, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS, AND REQUESTING THE STATE DEVELOPMENT BOARD TO TAKE THE NECESSARY STEPS TO SET UP A TRUST IN MEMORY OF CURRIE SPIVEY TO ENHANCE AND PROMOTE NEW ELEMENTS OF BUSINESS DEVELOPMENT IN SOUTH CAROLINA.

Whereas, in June, 1991, the State of South Carolina suffered the tremendous loss of an outstanding leader and public servant with the untimely and tragic death of State Development Board Chairman Currie B. Spivey, Jr.; and

Whereas, Currie Spivey was a former chairman of the Greater Greenville Chamber of Commerce and served on the board of directors for the State Department of Health and Environmental Control, Greenville's Freedom Weekend Aloft, Liberty Corporation, Technology for Energy Corporation, Wofford College, and the Governor's School for the Arts; and

Whereas, he was a former chairman of the South Carolina Advisory Board for the Southeast U.S.-Japan Association and had served on the boards of the State Board for Technical and Comprehensive Education, the South Carolina Chamber of Commerce, the Blue Ridge Boy Scout Council, Leadership South Carolina, Clemson University Foundation, Greenville Metropolitan YMCA, University of South Carolina's President's Advisory Council, and Clemson University's Capital Campaign; and

Whereas, in 1958 he graduated from Clemson University with a degree in industrial management, and he received the Clemson Alumni Association's Distinguished Service Award, its highest honor, in 1988; and

Whereas, he served in the Army as an airplane pilot until 1961 and joined Daniel Construction Company in 1963, where he rose quickly through the ranks and was named president in 1977 and chairman in 1982; and

Whereas, after the international Fluor Corporation bought Daniel Construction, he was named a group vice president; and

Whereas, in 1984 he bought Ballenger Group, Inc., now Ballenger Industrial & Commercial Services, Inc.; and

Whereas, he was devoted to his work as chairman of the State Development Board and was instrumental in the growth of the State; and

Whereas, his impact was great, and his loss will be painfully felt for a very long time; and

Whereas, a trust to enhance and promote new elements of business development in South Carolina in memory of Currie B. Spivey, Jr. truly would be a fitting memorial to the talents, dedication, vision, and hard work of this outstanding individual; and

Whereas, it is the sentiment and firm wish of the General Assembly that the State Development Board take the necessary steps to have such a trust set up to memorialize the good name and excellent works of Currie Spivey for the benefit of all the people of this State. 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, expresses deepest sorrow at the death in June, 1991, of Currie B. Spivey, Jr., Chairman of the State Development Board, and extends sympathy to his family and many friends and requests the State Development Board to take the necessary steps to set up a trust in memory of Currie Spivey to enhance and promote new elements of business development in South Carolina, in accordance with the provisions of this resolution.

Be it further resolved that a copy of this resolution be forwarded to Mr. Spivey's widow, Mrs. Currie B. Spivey, Jr., his daughter, Beth Paschal, in care of Equity Advantage, Inc., Columbia, South Carolina, and the members and the director of the State Development Board.

Referred to the Committee on Finance.

H. 4368 -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE THE HONORABLE BILLIE S. FLEMING OF MANNING FOR HIS THIRTY-TWO YEARS AS BRANCH PRESIDENT OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE (NAACP), TO COMMEND HIM ON HIS OUTSTANDING SERVICE TO HIS COMMUNITY AND THIS STATE, AND TO INVITE HIM TO APPEAR BEFORE THE GENERAL ASSEMBLY AT A TIME CONVENIENT FOR HIM.

Whereas, Billie S. Fleming of Manning has a history of service to his community and this State; and

Whereas, thirty-two years ago Mr. Fleming was named president of the Manning branch of the National Association for the Advancement of Colored People; and

Whereas, during his years of service Mr. Fleming has testified before several Congressional committees promoting civil rights for Black people and all races; and

Whereas, Mr. Fleming has been active in other community projects by serving on the Board of Trustees of Clarendon School District 2 during the 1960's and again during the 1980's, and as a deacon at Ebenezer Baptist Church; and

Whereas, more recently Mr. Fleming is a member of the State Development Board, the State Highway Commission, and is Chairman of the Wateree Community Action Board of Directors; and

Whereas, Mr. Fleming also served on the Leadership Council for the National Association for the Advancement of Colored People providing representation for the Manning area in meetings with the Executive Director of NAACP; and

Whereas, Mr. Fleming is involved in numerous other community projects. Now, therefore,

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

That the members of the General Assembly congratulate Billie S. Fleming of Manning for his thirty-two years as Manning branch president of the NAACP, commend him for his outstanding service to his community and this State, and invite him to appear before the General Assembly at a time convenient for him.

Be it further resolved that a copy of this resolution be forwarded to Mr. Fleming.

Referred to the Committee on Invitations.

H. 4381 -- Medical, Military, Public and Municipal Affairs Committee: A CONCURRENT RESOLUTION TO RECOMMEND THAT AGENCIES OF THE STATE OF SOUTH CAROLINA, IN COOPERATION WITH THE STATE AGENCY OF VOCATIONAL REHABILITATION, EMPLOY QUALIFIED PERSONS WITH HANDICAPPING CONDITIONS AS TEMPORARY AND PERMANENT EMPLOYEES.

Whereas, the citizens of the State of South Carolina who have handicapping conditions are significantly more likely to be unemployed than are nonhandicapped citizens; and

Whereas, the State Agency of Vocational Rehabilitation provides training in a variety of professional and technical fields for persons with handicapping conditions; and

Whereas, it is appropriate for agencies of the State of South Carolina to take the initiative to employ qualified persons with handicapping conditions, trained by the State Agency of Vocational Rehabilitation or other agencies with job training programs, for temporary and permanent positions when available. Now, therefore,

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

That the members of the General Assembly recommend that agencies of the State of South Carolina, in cooperation with the State Agency of Vocational Rehabilitation and other agencies with job training programs, employ qualified persons with handicapping conditions as temporary and permanent employees when positions are available.

Referred to the Committee on Finance.

H. 4382 -- Rep. Koon: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE ALERT ACTIONS OF MR. MARTY HILYER OF LEXINGTON COUNTY IN SAVING THE LIFE OF AN ABANDONED INFANT LEFT IN A DUMPSTER IN RICHLAND COUNTY ON JANUARY 31, 1992, AND URGING APPROPRIATE ACTION BY STATE AGENCIES IF THE INFANT IS PUT UP FOR ADOPTION TO GIVE THE HILYER FAMILY EVERY CONSIDERATION IN ADOPTING THE INFANT.

Whereas, the members of the General Assembly were delighted and relieved to note that Mr. Marty Hilyer of Lexington County, manager of a Sandy's Famous Hotdog franchise near Richland Memorial Hospital, heard cries coming from the direction of a dumpster behind the restaurant when he arrived at work on the morning of January 31, 1992; and

Whereas, on investigation Mr. Hilyer found a newborn infant wrapped in garbage bags in the dumpster which he retrieved and comforted while promptly reporting the incident to authorities; and

Whereas, the child is now in the custody of the Department of Social Services and is no doubt alive only due to the alert action of Mr. Hilyer; and

Whereas, in a cruel twist of fate, Marty Hilyer and his wife Lauren Hilyer are a childless couple who have for years waited for an opportunity to adopt a child; and

Whereas, the members of the General Assembly believe that if this child is eventually put up for adoption, the involved state and local government agencies should give Mr. and Mrs. Hilyer every possible consideration allowed under the law to adopt this child that so obviously owes its life to Mr. Hilyer. Now, therefore,

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

That the members of the General Assembly express their appreciation for the alert action of Mr. Marty Hilyer in saving the life of an abandoned infant on January 31, 1992.

Be it further resolved that the members of the General Assembly urge the appropriate state and local government agencies to give Mr. and Mrs. Hilyer every consideration in becoming the adoptive parents of this child if the child is eventually put up for adoption.

Be it further resolved that a copy of this resolution be forwarded to Mr. and Mrs. Hilyer and to the Director of the South Carolina Department of Social Services.

Referred to the Committee on Medical Affairs.

H. 4321 -- Reps. McAbee, Whipper, Keegan, Gonzales, Hallman, Rhoad, Koon, G. Bailey, G. Brown, Clyborne, Chamblee, McLeod, Sturkie, Fulmer, Rama, Sharpe, Boan, Waites, Rogers, Klapman, Keyserling, Tucker, Jennings, Townsend, Smith, Corning, Shirley, Glover, Harrison, Jaskwhich, Wells, Riser, Ross, Mattos, Kirsh, McElveen, Shissias, Wilkins, Corbett, Huff, Haskins, Hodges, Meacham, P. Harris, A. Young, L. Elliott, Sheheen, Littlejohn, White, Beatty, Felder, Phillips, Taylor, Inabinett, Cole, McCraw, Byrd, H. Brown, Kennedy, D. Elliott, Fair, Wofford, Carnell, D. Williams, Bruce, Bennett, Scott, Kempe, D. Martin, Stone, Hendricks, Marchbanks, J. Brown, Cork, Foster, Snow, Altman, L. Martin, Harvin, Kinon, Houck, Cato, McGinnis, Baker, Delleney, Wilkes and Farr: A JOINT RESOLUTION TO PROVIDE THAT THE TERMS OF OFFICE FOR THE PRESENT MEMBERS OF THE SOUTH CAROLINA BOARD OF SOCIAL SERVICES EXPIRE ON THIS JOINT RESOLUTION'S EFFECTIVE DATE; TO DIRECT THE GENERAL ASSEMBLY TO ELECT MEMBERS TO THE BOARD AND TO PROVIDE STAGGERED TERMS FOR THESE NEW MEMBERS; TO PROVIDE THAT ALL POWERS AND DUTIES OF THE BOARD ARE TEMPORARILY TRANSFERRED TO THE STATE BUDGET AND CONTROL BOARD; AND TO DIRECT THE BUDGET AND CONTROL BOARD TO APPOINT AN INTERIM COMMISSIONER TO WORK WITH THE CURRENT COMMISSIONER UNTIL HIS RESIGNATION IS EFFECTIVE.

Read the first time and referred to the General Committee.

Senator DRUMMOND asked unanimous consent to make a motion that the Bill be placed on the Calendar without reference.

Senator MOORE objected.

H. 4284 -- Rep. Wilkins: A BILL TO ESTABLISH A PROCEDURE FOR DETERMINING THE ANNUAL BUDGET AND SCHOOL TAX MILLAGE FOR THE SCHOOL DISTRICT OF GREENVILLE COUNTY INCLUDING A LIMIT ON INCREASED MILLAGE BASED ON THE GROWTH OF PERSONAL INCOME IN GREENVILLE COUNTY PLUS ONE PERCENT, TO PROVIDE EXCEPTIONS, TO AUTHORIZE A LARGER INCREASE UPON APPROVAL BY THE COUNTY LEGISLATIVE DELEGATION, AND TO REPEAL ACTS 284 OF 1989 AND 251 OF 1991, RELATING TO THE GREENVILLE COUNTY SCHOOL DISTRICT AND ITS AUTHORIZED ANNUAL TAX MILLAGE.

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

Senator SALEEBY, from the Committee on Judiciary, submitted a majority favorable with amendment, and Senator MITCHELL, a minority unfavorable report on:

S. 1168 -- Senator Saleeby: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 14, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE RIGHT OF TRIAL BY JURY AND THE RIGHTS OF DEFENDANTS IN CRIMINAL CASES, SO AS TO AUTHORIZE THE GENERAL ASSEMBLY TO PROVIDE FOR NONJURY BENCH TRIALS IN CASES AT LAW WHEN THE AMOUNT IN CONTROVERSY IS TWENTY-FIVE THOUSAND DOLLARS OR LESS.

Ordered for consideration tomorrow.

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

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

H. 3315 -- Rep. Clyborne: A BILL TO AMEND SECTION 20-7-1738, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY CUSTODY OF AN ADOPTEE FOLLOWING PLACEMENT, SO AS TO PROVIDE FOR A REMOVAL HEARING WHEN ADOPTIVE PARENTS HAVE RECEIVED AN ADOPTEE BUT NO PETITION HAS BEEN FILED.

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

H. 3705 -- Reps. Quinn, H. Brown, Corning, Wright and Beasley: A BILL TO AMEND SECTION 33-55-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARITABLE ORGANIZATIONS, SOLICITATION OF CHARITABLE FUNDS, REGISTRATION OF PROFESSIONAL FUND-RAISING COUNSEL AND PROFESSIONAL SOLICITORS, REGISTRATION FEE, AND BONDS, SO AS TO AUTHORIZE THE SECRETARY OF STATE TO ACCEPT A DEPOSIT OF CASH OF FIVE THOUSAND DOLLARS IN LIEU OF THE BOND FOR THE SAME AMOUNT REQUIRED OF THE APPLICANT UNDER THIS SECTION.

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

S. 1266 -- Senators Robert W. Hayes, Jr., Peeler and Hinson: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN YORK COUNTY, SO AS TO DIVIDE ROCK HILL NO. 6 INTO ROCK HILL NO. 6A AND ROCK HILL NO. 6B.

(By prior motion of Senator ROBERT W. HAYES, JR.)

S. 808 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-15-65 SO AS TO PROVIDE THAT DAMAGE TO A PROSTHETIC DEVICE, EYE GLASSES, OR HEARING AID OF AN INJURED EMPLOYEE AS THE RESULT OF AN INJURY BY ACCIDENT ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT ENTITLES THE EMPLOYEE TO COMPENSATION ENSURING THAT THE PROSTHETIC DEVICE, EYE GLASSES, OR HEARING AID IS REPAIRED OR REPLACED.

S. 924 -- Senator Wilson: A BILL TO AMEND SECTION 33-1-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT COURTS AND OTHER OFFICIAL BODIES GIVE CERTAIN EVIDENTIARY EFFECT TO COPIES OF DOCUMENTS WHICH THE SECRETARY OF STATE CERTIFIES ARE ON FILE WITH HIS OFFICE, SO AS TO ALSO REQUIRE THE COURTS AND OTHER BODIES TO GIVE CERTAIN EVIDENTIARY EFFECT TO DOCUMENTS WHICH THE SECRETARY OF STATE BY AFFIDAVIT CERTIFIES ARE NOT ON FILE WITH HIS OFFICE.

S. 1045 -- Senator Stilwell: A BILL TO AMEND SECTION 23-31-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR PURCHASING A PISTOL, SO AS TO PROVIDE THAT THE CONTENTS OF THE APPLICATION INCLUDE THE MILITARY IDENTIFICATION CARD NUMBER FOR AN APPLICANT ON ACTIVE DUTY IN THE MILITARY AND THAT RESIDENCY IS NOT REQUIRED OF AN APPLICANT WHO IS ON ACTIVE DUTY AND WHO HAS IN HIS POSSESSION A CURRENT MILITARY IDENTIFICATION CARD.

S. 1048 -- Senator Passailaigue: A BILL TO AMEND CHAPTER 39, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-39-85 SO AS TO PROVIDE FOR THE DEVELOPMENT BY THE COASTAL COUNCIL OF AN "ADOPT-A-BEACH" PROGRAM.

S. 1260 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-9-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURANCE STANDARD VALUATION LAW, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS REGARDING OPINIONS OF QUALIFIED ACTUARIES FOR LIFE INSURANCE COMPANIES DOING BUSINESS IN THIS STATE AND PROVIDE FOR THE REQUIRED AMOUNT OF AGGREGATE RESERVES.

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

S. 1261 -- Banking and Insurance Committee: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE FOR SIX YEARS.

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

S. 1262 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-71-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR GROUP HEALTH, GROUP ACCIDENT, AND GROUP ACCIDENT AND HEALTH INSURANCE, SO AS TO DELETE THE "REASON OF AGE" REQUIREMENT FOR CONTRACTS OF ACCIDENT AND HEALTH INSURANCE DESIGNED TO SUPPLEMENT REIMBURSEMENTS UNDER MEDICARE.

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

S. 1263 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-9-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF DEPOSIT OR SECURITIES REQUIRED OF INSURERS, SO AS TO AUTHORIZE THE INSURANCE COMMISSIONER TO REQUIRE DEPOSITS IN EXCESS OF THE LIMITS IN THE SECTION; TO AMEND SECTION 38-9-100, RELATING TO CONDITIONS UNDER WHICH DEPOSITS ARE NOT NECESSARY, SO AS TO AUTHORIZE THE COMMISSIONER TO REQUIRE A DEPOSIT OF QUALIFIED INSURERS INSTEAD OF REQUIRING THE INSURER TO BE RELIEVED OF MAKING THE DEPOSIT; AND TO AMEND SECTION 38-33-130, RELATING TO SECURITY DEPOSITS AND OTHER REQUIREMENTS FOR HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO REQUIRE THE ORGANIZATIONS TO SATISFY THE REQUIREMENTS APPLICABLE TO AN INSURER FOR THE RETURN OF DEPOSITED SECURITIES.

S. 1264 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-5-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVOCATION AND SUSPENSION OF CERTIFICATES OF AUTHORITY GRANTED TO INSURERS, SO AS TO REVISE THE CONDITIONS UNDER WHICH THE COMMISSIONER MAY ISSUE CERTAIN ORDERS WHEN AN INSURER IS IN AN UNSOUND OR HAZARDOUS CONDITION.

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

S. 1265 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-13-10 THROUGH 38-13-60, AS AMENDED, RELATING TO THE EXAMINATION, INVESTIGATION, REPORTS, PENALTIES, AND REMEDIES OF INSURERS, SO AS TO REVISE CURRENT PROVISIONS TO PROVIDE FOR SCHEDULING OF FINANCIAL EXAMINATIONS OF INSURERS, METHOD OF CONDUCTING EXAMINATIONS, CONTENT, FILING, ADOPTION, PUBLICATION, AND USE OF EXAMINATION REPORTS, CONFIDENTIALITY OF ANCILLARY INFORMATION, COST OF EXAMINATIONS, AND IMMUNITY FOR STATEMENTS MADE OR CONDUCT ENGAGED IN IF PERFORMED IN GOOD FAITH WHILE PERFORMING A FINANCIAL EXAMINATION.

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

H. 4035 -- Rep. Burriss: A BILL TO AMEND SECTION 61-13-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE OF ALCOHOLIC LIQUORS DURING CERTAIN PERIODS INCLUDING STATEWIDE ELECTION DAYS, SO AS TO PERMIT THE SALE ON STATEWIDE ELECTION DAYS OF ALCOHOLIC LIQUORS AND BEVERAGES IN SEALED CONTAINERS OF TWO OUNCES OR LESS WHEN SOLD BY AUTHORIZED RETAIL LICENSEES IN THE MANNER PROVIDED BY LAW.

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 (JUD 4035.001) was adopted as follows:

Amend the bill, as and if amended, page 1, line 28, in Section 61-13-380, as contained in SECTION 1, by striking /,/ and inserting /,/.

Amend title to conform.

Senators LOURIE and HINDS proposed the following amendment (N05\8069.BD), which was adopted:

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

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

"( ) It is lawful to sell and consume alcoholic liquors and beverages in containers of two ounces or less during the hours provided in item (3) in a business establishment licensed in a county where the annual accommodations tax collections exceed four million dollars. However, the establishment may not reopen for business on Sunday morning and shall remain closed until Monday morning."/

Renumber sections and items to conform.

Amend title to conform.

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

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

H. 3708 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PARKING FOR HANDICAPPED PERSON, SO AS TO PROVIDE THAT A LICENSED PHYSICIAN SHALL CERTIFY DISABILITY UNLESS THE APPLICANT IS AN AGENCY OR ORGANIZATION COMPLYING WITH SECTION 56-3-1910.

S. 1272 -- Senators Williams, Matthews, Fielding, Gilbert, Mitchell, Patterson and Washington: A JOINT RESOLUTION TO EMPOWER THE TRUSTEES OF SOUTH CAROLINA STATE COLLEGE TO ISSUE SPECIAL OBLIGATION BONDS TO PAY FOR THE COST OF ENLARGING AND IMPROVING DAWSON FOOTBALL STADIUM; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED; AND TO MAKE PROVISIONS FOR THEIR REPAYMENT.

On motion of Senator FIELDING, S. 1272 was ordered to receive a third reading on Friday, February 7, 1992.

S. 954 -- Senator Macaulay: A BILL TO AMEND SECTION 8-17-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT, MEMBERSHIP, AND POWERS OF A GRIEVANCE COMMITTEE, SO AS TO AUTHORIZE THE COMMITTEE TO SUBPOENA WITNESSES.

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 (JUD 954.001) was adopted as follows:

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

/SECTION 1. The fifth paragraph of Section 8-17-130 is amended to read:

"The committee shall have the authority to call for files, records and papers pertinent to any investigation; to determine the order of the testimony and the appearance of witnesses; to call additional witnesses; and to secure the services of a recording secretary in its discretion. The committee chairman or his designee has the authority to administer oaths; to issue subpoenas and subpoenas duces tecum to allow the committee to interview any person it considers necessary and review any document it considers relevant; to determine the order of the testimony and the appearance of witnesses; to subpoena witnesses at the request of either party; and to secure in its discretion the services of a recording secretary."

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

Amend title to conform.

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

S. 1088 -- Senator Hinds: A BILL TO AMEND SECTION 5-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENSION OF POLICE JURISDICTION AND AUTHORITY OF MUNICIPALITIES BORDERING ON THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN, SO AS TO PROVIDE THAT THE CITY LIMITS OF MUNICIPALITIES BORDERING THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN BE EXTENDED TO INCLUDE ALL THAT AREA LYING BETWEEN THE HIGH-TIDE LINE AND THE LOW-TIDE LINE.

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 (JUD 1088.001) was adopted as follows:

Amend the bill, as and if amended, page 1, line 30, in SECTION 1, by striking /The city-limit line/ and inserting therein /The police powers/ .

Amend title to conform.

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

S. 1206 -- Senators Giese, Wilson, Courtney and Bryan: A BILL TO AMEND SECTION 23-1-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR CONSTABLES, SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICERS WHO HAVE RETIRED FROM THEIR DUTIES AS OFFICERS ARE NOT REQUIRED TO PAY A FEE.

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 (JUD 1206.001) was adopted as follows:

Amend the bill, as and if amended, page 1, beginning on line 35, in Section 23-1-65(A), as contained in SECTION 1, by striking /a law enforcement officer/ and inserting /a law enforcement officer officers/.

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 GIESE, S. 1206 was ordered to receive a third reading on Friday, February 7, 1992.

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.

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

The amendment proposed by the Committee on Transportation (JIC\6115H.C.) was adopted as follows:

Amend the bill, as and if amended, by striking SECTION 3 and inserting:
/SECTION 3. This act takes effect January 1, 1993./

Renumber sections to conform.

Amend title to conform.

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

S. 1216 -- Senators Mullinax, O'Dell and Macaulay: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE DOUBLE BRIDGE ON STATE HIGHWAY 24 IN ANDERSON COUNTY AS THE CALVIN WESLEY BELCHER BRIDGE.

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

H. 3305 -- Rep. McElveen: A BILL TO AMEND SECTIONS 30-4-20, 30-4-40, AND 30-4-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF PUBLIC RECORD, MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, AND CERTAIN MATTERS WHICH ARE DECLARED PUBLIC INFORMATION, SO AS TO PROVIDE THAT RECORDS OF THE HOME ADDRESSES AND TELEPHONE NUMBERS OF EMPLOYEES AND OFFICERS OF PUBLIC BODIES ARE NOT PUBLIC RECORDS UNDER THE ACT AND MAY NOT BE DISCLOSED.

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

S. 1114 -- Senators Lourie, Giese, Passailaigue and Rose: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, IN COOPERATION WITH THE SOUTH CAROLINA COMMISSION ON AGING AND THE STATE AGENCY OF VOCATIONAL REHABILITATION, TO STUDY THE ISSUANCE AND USE OF RESTRICTED DRIVER'S LICENSES FOR THE AGING AND PERSONS WITH HANDICAPPING CONDITIONS AS A MEANS TO ENHANCE THE INDEPENDENCE AND SELF-SUFFICIENCY OF THESE PERSONS AND TO REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON AGING.

On motion of Senator HINSON, the Resolution was carried over.

H. 3752 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATION FOR LICENSE OR PERMIT, SO AS TO DELETE THE REQUIREMENT OF WRITTEN VERIFICATION OF LIABILITY INSURANCE COVERAGE FOR RENEWAL.

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

THE SENATE PROCEEDED TO THE MOTION PERIOD.

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.

Senator POPE moved that the Bill be made a Special Order.

The Bill was made a Special Order.

H. 3752 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATION FOR LICENSE OR PERMIT, SO AS TO DELETE THE REQUIREMENT OF WRITTEN VERIFICATION OF LIABILITY INSURANCE COVERAGE FOR RENEWAL.

On motion of Senator LOURIE, the Bill was committed to the Committee on Banking and Insurance.

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

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

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.

On motion of Senator SETZLER, 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 adoption of Amendment No. 3. (EDU3716.20) proposed by Senator SETZLER and previously printed in the Journal of Wednesday, February 5, 1992.

The amendment was adopted.

Senator THOMAS argued contra to the adoption of the amendment.

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

Senator DRUMMOND argued contra to the adoption of the amendment.

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

Senator SETZLER moved that the amendment be adopted.

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

Bryan Carmichael Courson
Courtney Fielding Giese
Gilbert Hayes, R.W. Helmly
Hinson Holland Land
Lourie Martin Martschink
Matthews McConnell Moore
Mullinax Passailaigue Patterson
Peeler Pope Reese
Rose Russell *Saleeby
Setzler Shealy Smith, J.V.
Smith, N.W. Stilwell Washington
Williams Wilson

Drummond Hinds Leatherman
Macaulay O'Dell Thomas

Leventis

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

The amendment was adopted.

Senator LEVENTIS proposed the following Amendment No. 4 (RES3716.01), which was not adopted:

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

/SECTION . Any state supported two-year college or institution of higher learning which has an annual enrollment in excess of one thousand full-time equivalent students and which offers a degree of any kind, either directly or as a correspondent institution, shall be designated a four-year institution of higher learning./

Amend title to conform.

Senator LEVENTIS argued in favor of the adoption of the amendment and Senator SETZLER argued contra.

Senator LEVENTIS moved that the amendment be adopted.

The amendment was not adopted.

Senator SHEALY proposed the following Amendment No. 5 (RES3716.003), which was adopted:

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

/SECTION . There shall be no increase of costs to the State as a result of the changing of the name, or any resulting endeavors that would not have occurred had the change not been enacted./

Renumber sections to conform.

Senator SHEALY explained the amendment.

Senator SHEALY moved that the amendment be adopted.

The amendment was adopted.

Senator MACAULAY proposed the following Amendment No. 6 (RES 3716.005), which was tabled:

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 59-127-15. South Carolina State College shall henceforth be known, named, and designated as South Carolina State University."

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

Amend title to conform.

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

Senator MACAULAY moved that the amendment be adopted.

Senator McCONNELL moved to lay the amendment on the table.

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

Carmichael Courson Courtney
Drummond Fielding Giese
Gilbert Hayes, R.W. Helmly
Hinds Hinson Holland
Land Leatherman Lourie
Martin Martschink McConnell
Moore Mullinax Passailaigue
Patterson Peeler Pope
Reese Rose Russell
Setzler Shealy Smith, J.V.
Smith, N.W. Stilwell Thomas
Williams Wilson

Bryan Macaulay O'Dell

Leventis Matthews

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.

Senators THOMAS and DRUMMOND desired to be recorded as voting against second reading of the Bill.

Senator DRUMMOND asked unanimous consent to make a motion that the Bill be given a third reading on Friday, February 7, 1992.

Senator THOMAS objected.

Along with others I have opposed H. 3716. This Bill will allow 6 colleges to become universities. Certainly university status has benefits to the community. However, such benefits are not without costs. The Legislature has been assured in public hearing and on the floor, that no new cost would occur because of the entrance into university status and it is asserted by the proponents of the Bill that no new research will begin because of such status.

Yet, contrary to these assurances, documents provided by the colleges themselves state repeatedly that going to university status will allow them to expand into new graduate programs and applied research endeavors. Certainly this will dramatically impact the cost of higher education in South Carolina as university status itself will drive each institution into new graduate programs and research.

I voted "present" for the following reasons:

1. The Bill stipulates specified criterion to qualify to become a university.

2. My amendment, which was adopted, specified criterion required to become a four-year college. These criterion exceeded by 50% those in place when four other two-year University of South Carolina branches became four-year branches.

3. The failure to adopt my amendment indicates that the university criterion may be a sham behind which the Commission on Higher Education hides when political pressures are brought to bare.

4. My failure to vote in the affirmative is a result of the inconsistency of the Commission on Higher Education on this issue.

Senator SETZLER asked unanimous consent to make a motion that the Bill, H. 3716, retain its place on the Calendar in the status of Adjourned Debate.

There was no objection.

MOTION ADOPTED
On motion of Senator RUSSELL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Betty Moore of Spartanburg, S.C.

Senator WILLIAMS moved that when the Senate adjourns on Friday, February 7, 1992, it stand adjourned to meet next Tuesday February 11, at 12:00 Noon, which motion was adopted.

At 1:40 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

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