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, we have established a tradition: each year, on or near the birthday of General George Washington, we pray his prayer for the United States of America. President Washington's prayer today will be in special memory of our own Senator P. BRADLEY MORRAH, who faithfully served with us here for many years and was Chairman of the Bicentennial Commission in 1976. He will be buried tomorrow.
Let us pray.

"Almighty God: we make our earnest prayer that Thou wilt keep the United States in Thy holy protection; that Thou wilt incline the hearts of the citizens to cultivate a spirit of subordination and obedience to government and entertain a brotherly affection and love for one another and for their fellow citizens of the United States at large. And finally that Thou wilt most graciously be pleased to dispose us all to do justice, to love mercy, and demean ourselves with that charity, humility and pacific temper of mind which were the characteristics of the Divine Author of our blessed religion, without a humble imitation of whose example in these things we can never hope to be a happy nation. Grant our supplications, we beseech Thee, through Jesus Christ, our Lord. Amen."

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

February 13, 1992
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

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

5th Congressional District:

Mrs. Judy M. Hamrick, 202 Union Street, Gaffney, South Carolina 29340

Referred to the Committee on Medical Affairs.

Reappointment, Member, South Carolina Commission on Alcohol and Drug Abuse, with term to expire July 20, 1995:

3rd Congressional District:

Mr. Fred D. West, Post Office Box 769, Abbeville, South Carolina 29620

Referred to the Committee on Medical Affairs.

At 12:20 P.M., Senator SETZLER asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying acts at 12:30 P.M.

There was no objection and a message was sent to the House accordingly.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 12:30 P.M. and the following Acts and Joint Resolution were ratified:

(R280) S. 853 -- Senators Saleeby and J. Verne Smith: AN ACT TO AMEND SECTION 44-56-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPLEMENT AND ENFORCE THE FEDERAL HAZARDOUS WASTE CLEANUP LAW, SO AS TO INCLUDE SUBSEQUENT AMENDMENTS TO THE FEDERAL LAW WITHIN THE DEPARTMENT'S ENFORCEMENT AUTHORITY.

(R281) 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.

(R282) H. 3705 -- Reps. Quinn, H. Brown, Corning, Wright and Beasley: AN ACT 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 INCREASE THE AMOUNT OF THE BOND FROM FIVE THOUSAND TO EIGHT THOUSAND DOLLARS, AND PROVIDE THAT A DEPOSIT OF CASH IN THE AMOUNT OF EIGHT THOUSAND DOLLARS MAY BE ACCEPTED BY THE SECRETARY OF STATE IN LIEU OF THE BOND.

(R283) H. 3305 -- Rep. McElveen: AN ACT TO AMEND SECTION 30-4-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN MATTERS DECLARED PUBLIC INFORMATION UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT INFORMATION CONTAINED IN A POLICE INCIDENT REPORT OR AN EMPLOYEE'S SALARY SCHEDULE AND HOME ADDRESSES AND TELEPHONE NUMBERS OF EMPLOYEES AND OFFICERS OF PUBLIC BODIES MAY NOT BE UTILIZED FOR COMMERCIAL SOLICITATION AND TO PROHIBIT THE INTERPRETATION OF THIS PROVISION TO RESTRICT ACCESS BY THE PUBLIC AND PRESS TO INFORMATION CONTAINED IN PUBLIC RECORDS.

Senator GIESE introduced Dr. Al Pakalnis of Columbia, Doctor of the Day.

Senator O'DELL requested and was granted at 12:40 P.M. a leave of absence until 5:00 P.M. today.

On motion of Senator MOORE at 12:40 P.M. Senator LAND was granted a leave of absence for the balance of the day.

Senator WILLIAMS requested and was granted a leave of absence for Wednesday, February 19, 1992.

The following were introduced:

S. 1301 -- Senator Williams: A BILL TO REPEAL SECTION 4-13-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBSOLETE PROVISIONS MAKING IT UNLAWFUL FOR A COUNTY TREASURER TO PAY IMPROPERLY DRAWN ORDERS AND THE RESPONSIBILITY OF THE COMPTROLLER GENERAL TO REPORT OFFENDERS; AND TO REPEAL SECTION 11-3-180, RELATING TO THE OBSOLETE REQUIREMENT THAT THE COMPTROLLER GENERAL PRESCRIBE THE FORM OF LOCAL GOVERNMENT BOOKKEEPING, EXAMINE THE BOOKS OF COUNTY TREASURERS, AND REPORT RESULTS TO THE GENERAL ASSEMBLY.

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

S. 1302 -- Senators Leatherman, J. Verne Smith, Helmly and Peeler: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INCREASE THE FISCAL YEAR 1992 NURSING HOME MEDICAID PERMITS OF CERTAIN NURSING HOMES AND TO PROVIDE ALTERNATE METHODS FOR CALCULATING THE INCREASE.

Read the first time and referred to the Committee on Medical Affairs.

S. 1303 -- Senators Williams and Holland: A BILL TO AMEND SECTION 1-1-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADOPTION OF THE UNITED STATES CENSUS, SO AS TO ADOPT THE 1990 CENSUS; AND TO PROVIDE THAT THE FILING PERIOD FOR CANDIDATES SEEKING NOMINATION BY POLITICAL PARTY PRIMARY, CONVENTION, OR PETITION FOR A COUNTYWIDE OR LESS THAN COUNTYWIDE OFFICE IS BETWEEN NOON APRIL SIXTEENTH AND NOON APRIL THIRTIETH; AND TO PROVIDE THAT FOR 1992 ONLY THE DATE FOR FILING THE NOTICE OF CANDIDACY AND PLEDGE BY A CANDIDATE IN A PRIMARY ELECTION AS THE NOMINEE OF A POLITICAL PARTY FOR A COUNTYWIDE OFFICE IS NOON ON APRIL THIRTIETH.

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

H. 4416 -- Rep. Wright: A CONCURRENT RESOLUTION TO COMMEND THE INSTITUTE OF INTERNAL AUDITORS AND ITS FIFTY THOUSAND MEMBERS WORLDWIDE FOR ITS MANY CONTRIBUTIONS IN THE FIELDS OF BUSINESS, INDUSTRY, GOVERNMENT, AND EDUCATION, TO ALSO COMMEND THE PALMETTO CHAPTER OF THE INSTITUTE AND ITS DISTINGUISHED MEMBERS AND HONOREES FOR THEIR PROFESSIONALISM AND ACCOMPLISHMENTS IN INTERNAL AUDITING, AND TO REQUEST THE GOVERNOR TO DECLARE THE MONTH OF FEBRUARY, 1992, AS "CERTIFIED INTERNAL AUDITOR MONTH" IN SOUTH CAROLINA.

Whereas, the Institute of Internal Auditors is an international professional association representing nearly fifty thousand internal auditors in business, industry, government, and education in more than one hundred countries, and the Institute is celebrating "Certified Internal Auditor Month" in February; and

Whereas, the Institute of Internal Auditors established the Certified Internal Auditor program in December, 1972, to enhance the recognition of internal auditing and provide proper direction to internal auditors seeking to further their professional development and advancement; and

Whereas, more than eighteen thousand certified internal auditors have attained certified status through successful completion of the Certified Internal Auditor program; and

Whereas, certified internal auditors are members of a recognized professional group who benefit from greater acceptance in their role as advisor to management; and

Whereas, the Palmetto Chapter of the Institute of Internal Auditors is very active with a vibrant membership and over fifty members of the Palmetto Chapter have received the CIA designation; and

Whereas, a Palmetto Chapter member, Barbara Brown Wagers, Accounting Instructor at Midlands Technical College and formerly Internal Audit Supervisor at the South Carolina Tax Commission, was commended by the Board of Regents and the Certification Department of the Institute of Internal Auditors for being the "best in the world" by earning the Highest Achievement Award for the November, 1989, CIA examination; and

Whereas, a Palmetto Chapter member, Dennis Lynn Wade, Director of Audit Services at Colonial Life and Accident Insurance Company, has been commended by the Board of Regents and the Certification Department of the Institute of Internal Auditors as one of twenty-five candidates awarded Honorable Mention for scoring just below the five certificate of excellence winners on the November, 1991, CIA examination; and

Whereas, Michael Gregory Hill, an MBA student at the University of South Carolina, has been recognized by the Palmetto Chapter after being notified by the Board of Regents that he is the recipient of the Student Highest Achievement Award on the November, 1991, CIA examination; and

Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize and congratulate the Institute of Internal Auditors and its many thousands of members upon the occasion of Certified Internal Auditor Month. The members of the General Assembly further would like to recognize and congratulate the Palmetto Chapter of the Institute, its fine members, and especially those three outstanding individuals referenced above who represent professionalism to the highest degree in the field of internal auditing; and

Whereas, the General Assembly, by this resolution, also requests the Governor to proclaim the month of February in South Carolina as "Certified Internal Auditor Month." Now, therefore,

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

That the members of the General Assembly hereby commend the Institute of Internal Auditors and its fifty thousand members worldwide for its many contributions in the fields of business, industry, government, and education, and commend the Palmetto Chapter of the Institute and its distinguished members and honorees for their professionalism and accomplishments in the field of internal auditing.

Be it further resolved that the Governor is requested to declare the month of February, 1992, as "Certified Internal Auditor Month" in South Carolina.

Be it further resolved that a copy of this resolution be forwarded to the Governor.

Referred to the Committee on Invitations.

H. 4424 -- Reps. Manly, M.O. Alexander, Anderson, Baker, Cato, Clyborne, Fair, Haskins, Jaskwhich, Mattos, Vaughn and Wilkins: A CONCURRENT RESOLUTION EXTENDING CONGRATULATIONS TO SECOND PRESBYTERIAN CHURCH OF GREENVILLE ON ITS CENTENNIAL CELEBRATION, 1892-1992.

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

H. 3747 -- Rep. Cole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-25 SO AS TO PROHIBIT THE TAKING OF MIGRATORY WATERFOWL FROM BLINDS OR POSITIONS MORE THAN TEN FEET ABOVE SURFACE LEVEL, REQUIRE CONSTRUCTION FROM BIODEGRADABLE MATERIALS ON PUBLIC LANDS AND WATERS, PROVIDE FOR USE OF PUBLIC BLINDS, AND PROVIDE PENALTIES.

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

H. 3774 -- Reps. Kempe, Rogers, Wilkes, Beatty, Hallman, Fulmer, Bruce, Beasley, Keyserling, Cole, Sturkie, Neilson, Waites, Farr, Corbett, Wells, Keegan, Cork, Cato, Whipper, Jaskwhich, Littlejohn, Manly, Cooper, T.C. Alexander, Wilder, Burch, Glover, D. Martin, Phillips, A. Young, McGinnis, Tucker, Cromer, McElveen, L. Elliott, Gonzales, R. Young, Houck, Meacham, Rhoad, Mattos, Barber, McCraw, Jennings, Kinon, Marchbanks, Altman, J. Harris and Lanford: A BILL TO AMEND SECTION 48-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR DISCHARGES OF WASTES OR AIR CONTAMINANTS, SO AS TO PROVIDE THAT BEFORE ISSUING A PERMIT PUBLIC NOTICE MUST BE GIVEN BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

Read the first time and referred to the Committee on Medical Affairs.

H. 4115 -- Reps. Phillips and Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-65 SO AS TO PROVIDE THAT STATE AND LOCAL FUNDS FOR THE ACQUISITION OF TEXTBOOKS IN THE PUBLIC SCHOOLS OF THIS STATE MAY ALSO BE USED TO ACQUIRE INSTRUCTIONAL TECHNOLOGY AND OTHER SIMILAR MATERIALS WHICH HAVE BEEN APPROVED BY THE STATE BOARD OF EDUCATION.

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

H. 4200 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-745, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF DRIVER'S LICENSE FOR CONVICTION OF A CONTROLLED SUBSTANCE VIOLATION, SO AS TO PROVIDE THAT IF CONVICTED OF AN OFFENSE MANDATING SUSPENSION OF LICENSE WHILE HOLDING A SPECIAL RESTRICTED DRIVER'S LICENSE THEN THE SPECIAL RESTRICTED LICENSE IS REVOKED AND THE REMAINING TIME FOR SUSPENSION UNDER THIS SECTION IS IMPOSED.

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

H. 4204 -- Rep. Altman: A BILL TO AMEND SECTION 12-37-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF DRIVER'S LICENSE AND REGISTRATION FOR FAILURE TO PAY PROPERTY TAX ON A MOTOR VEHICLE, SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL DETERMINE THE MANNER OF NOTIFICATION.

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

H. 4353 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA MINING COUNCIL, RELATING TO SOUTH CAROLINA MINING ACT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1441, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4355 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ENVIRONMENTAL CERTIFICATION BOARD, RELATING TO CERTIFIED WELL DRILLERS, BIOLOGICAL WASTEWATER TREATMENT PLANT OPERATORS, PHYSICAL/CHEMICAL WASTEWATER TREATMENT PLANT OPERATORS AND WATER TREATMENT PLANT OPERATORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1390, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4363 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO VACCINATION, SCREENING AND IMMUNIZATION FOR STUDENTS REGARDING CONTAGIOUS DISEASES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1444, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Medical Affairs.

H. 4380 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO COMPUTING EXPERIENCE FOR TEACHERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1388, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4391 -- Rep. Felder: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF THE CALHOUN COUNTY SCHOOL DISTRICT TO CHARGE FEES FOR SUPPLEMENTARY INSTRUCTIONAL MATERIALS; TO REVISE THE PER DIEM AND MILEAGE THAT MEMBERS OF THE BOARD OF TRUSTEES SHALL RECEIVE; TO ABOLISH THE CALHOUN COUNTY BOARD OF EDUCATION ON THE EFFECTIVE DATE OF THIS ACT, AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS TO SPECIFIED ENTITIES; TO ABOLISH THE OFFICE OF CALHOUN COUNTY SUPERINTENDENT OF EDUCATION UPON THE EXPIRATION OF THE CURRENT TERM OF THE INCUMBENT SUPERINTENDENT OF EDUCATION, AND DEVOLVE THE FUNCTIONS, DUTIES, AND POWERS OF THIS OFFICE UPON THE BOARD OF TRUSTEES OF THE CALHOUN COUNTY SCHOOL DISTRICT; AND TO REPEAL SECTION 1 OF ACT 743 OF 1976, RELATING TO THE CALHOUN COUNTY BOARD OF EDUCATION.

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

Senator COURSON, from the Committee on Invitations, submitted a favorable report on:

An invitation from S.C. Arts Alliance to attend a breakfast at the S.C. State Museum on Wednesday, February 19, 1991, beginning at 8:15 A.M.

The invitation was accepted.

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.

The House returned the Bill with amendments.

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

S. 1297 -- Senator Macaulay: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF DEACON JAMES DAVID RUTLEDGE OF SENECA UPON HIS DEATH.

Returned with concurrence.

Received as information.

S. 1298 -- Senator Patterson: A CONCURRENT RESOLUTION CONGRATULATING OUR GOOD FRIEND AND DISTINGUISHED COLLEAGUE IN THE GENERAL ASSEMBLY, THE HONORABLE JOHN L. SCOTT, JR., MEMBER OF THE HOUSE OF REPRESENTATIVES FROM RICHLAND COUNTY, UPON HIS ELECTION AS CHAIRMAN OF THE FRESHMAN CAUCUS IN THE HOUSE AND EXTENDING TO JOHN OUR BEST WISHES FOR GREAT SUCCESS IN THIS POSITION.

Returned with concurrence.

Received as information.

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

S. 1140 -- Senators Waddell, Leatherman, Gilbert and McGill: A BILL TO AMEND SECTION 12-7-1245, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORPORATE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS LOCATED IN THIS STATE, SO AS TO REVISE THE CATEGORIES OF JOBS WHICH MUST BE CREATED TO QUALIFY FOR THE CREDIT, TO ADD ADDITIONAL REQUIREMENTS FOR PERSONAL PROPERTY TO QUALIFY FOR THE CREDIT, TO EXPAND THE PERSONAL PROPERTY FOR WHICH THE CREDIT MAY BE CLAIMED, TO PROVIDE THE TAXABLE YEARs TO WHICH THE CREDIT APPLIES, TO REQUIRE RECAPTURE OF THE CREDIT IF STAFFING LEVELS ARE NOT TIMELY MET, TO ALLOW THE CREDIT WHEN A FEE IN LIEU OF TAXES ARRANGEMENT EXISTS, TO REQUIRE A REDUCTION IN THE INCOME TAX BASIS ONLY OF PROPERTY FOR WHICH THE CREDIT WAS CLAIMED, TO REVISE AND ADD ADDITIONAL DEFINITIONS, AND TO ALLOW TAXPAYERS RELYING ON RULINGS FROM THE SOUTH CAROLINA TAX COMMISSION IN THE APPLICATION OF THE FORMER PROVISIONS OF THE CODE SECTION TO CONTINUE TO RELY ON THE RULINGS AND ALLOW THE TAXPAYER TO BENEFIT FROM THE PROVISIONS OF THE SECTION.

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

Senator BRYAN proposed the following amendment (JIC\6149.HC), which was adopted:

Amend the bill, as and if amended, in Section 12-7-1245(F), as contained in SECTION 1, page 5, by adding beginning on line 36 /No credit may be claimed for a taxable year during which the corporation fails to meet the qualifying employment requirements provided in this section and the carry forward period is not extended for any year in which the credit may not be claimed for failure to meet the employment requirements. The credit may be claimed for a taxable year in the unextended carry forward period if the corporation requalifies for the credit by meeting the employment requirements during that taxable year./

Amend title to conform.

Senator BRYAN explained the amendment.

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

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

H. 3731 -- Rep. P. Harris: A BILL TO AMEND SECTION 39-43-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE LIQUEFIED PETROLEUM GAS BOARD, SO AS TO REVISE THE PUBLICATIONS CONTAINING STANDARDS TO BE USED IN REGULATIONS PROMULGATED BY THE BOARD.

H. 3766 -- Reps. Waldrop and Scott: A BILL TO AMEND SECTIONS 32-7-10 AND 32-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND CONTRACT REQUIREMENTS FOR PRENEED FUNERAL CONTRACTS, SO AS TO PROVIDE A DEFINITION OF "COMMON TRUST FUND" AND CLARIFY THE DISPOSITION OF FUNDS FOR THE PRENEED SALE OF A BURIAL VAULT.

S. 1172 -- Senators Waddell and Washington: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 SO AS TO DESIGNATE A PORTION OF U. S. HIGHWAY 17 IN BEAUFORT COUNTY AS "U. S. HIGHWAY 17-ACE BASIN SCENIC HIGHWAY".

On motion of Senator LEATHERMAN, the Bill was recommitted to the Committee on Transportation, retaining its place on the Calendar.

S. 1217 -- Senators Martschink, Passailaigue, Setzler, Rose, Giese, Courson and Washington: A CONCURRENT RESOLUTION COMMENDING BART DANIEL, UNITED STATES ATTORNEY FOR THE DISTRICT OF SOUTH CAROLINA, FOR HIS DEDICATION TO DUTY AND HIS UNCEASING EFFORTS TO RESTORE FAITH IN GOVERNMENT IN THIS STATE, AND WISHING HIM HAPPINESS AND SUCCESS IN HIS FUTURE ENDEAVORS.

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

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.

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

S. 394 -- Senator Stilwell: A SENATE RESOLUTION TO AMEND RULE 6 OF THE RULES OF THE SENATE OF SOUTH CAROLINA, RELATING TO THE REQUIREMENT THAT SENATORS ADDRESS THE PRESIDENT AND THE APPROPRIATE PLACE FOR A SENATOR TO STAND WHILE ADDRESSING THE SENATE, SO AS TO PROVIDE THAT NO SENATOR MAY INTERRUPT ANOTHER SENATOR IN DEBATE WITHOUT THE SENATOR'S CONSENT, TO PROHIBIT IMPUTING UNWORTHY CONDUCT OR MOTIVES TO ANOTHER SENATOR, AND TO PROHIBIT ANY REMARKS OFFENSIVE TO ANY COUNTY OR MUNICIPALITY.

The Senate proceeded to a consideration of the Senate Resolution.
The question being the adoption of the amendments proposed by the Committee on Rules.

Senator WILLIAMS objected to further consideration of the Resolution.

S. 1101 -- Senators McConnell and Hinson: A BILL TO AMEND SECTION 27-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMOVAL OF GRAVES IN ABANDONED CEMETERIES OR BURYING GROUNDS, SO AS TO REQUIRE THE GOVERNING BODY OF THE COUNTY OR MUNICIPALITY IN WHICH THE CEMETERY OR GROUND IS LOCATED TO DETERMINE THAT REMOVAL BENEFITS THE COMMUNITY AND IS IN THE PUBLIC INTEREST AND TO CONSIDER OBJECTIONS TO REMOVAL BEFORE REMOVAL IS APPROVED.

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 DRUMMOND, the Bill was carried over.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

On motion of Senator LEATHERMAN, the Senate agreed to dispense with 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 adoption of Amendment No. 21A (RES494.88) proposed by Senators BRYAN, LEVENTIS and SETZLER and previously printed in the Journal of Wednesday, February 12, 1992.

Senator LEATHERMAN argued contra to the adoption of Amendment No. 21A.

Senator LOURIE made the point that a quorum was not present.

It was ascertained that a quorum was not present.

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

The Senate resumed.

Senator LEATHERMAN argued contra to the adoption of Amendment No. 21A.

At 12:40 P.M., Senator LOURIE moved under Rule 15A to set a time certain for 12:00 Noon on Thursday, February 20, 1992, to vote on the entire matter of S. 494.

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

Bryan Courson Courtney
Drummond Giese Gilbert
Hayes, R.W. Helmly Holland
Leatherman Leventis Lourie
Macaulay Martin Martschink
Matthews McConnell McGill
Moore Passailaigue Patterson
Peeler Pope Rose
Russell Saleeby Setzler
Smith, J.V. Smith, N.W. Stilwell
Thomas Washington Williams

Hinds Hinson Mullinax
Reese Shealy Wilson

The Senate agreed to set 12:00 Noon on Thursday, February 20, 1992, as a time certain to vote on the entire matter of S. 494.

Senator LEATHERMAN continued arguing contra to the adoption of Amendment No. 21A.

Senator LEATHERMAN moved to lay the amendment on the table.

Senator BRYAN asked unanimous consent to make a motion that Amendment No. 21A be withdrawn.

Senator LEATHERMAN objected.

Senator BRYAN asked unanimous consent to make a motion to be granted leave to place a further amendment on the desk.

Senator HINDS objected.

The question then was the motion to table Amendment No. 21A.

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

Hinds Leatherman Moore
Peeler Smith, J.V.

Bryan Courson Courtney
Drummond Giese Gilbert
Hayes, R.W. Hinson Holland
Leventis Lourie Macaulay
Martin Martschink Matthews
McConnell McGill Mullinax
Passailaigue Patterson Pope
Reese Rose Russell
Saleeby Setzler Shealy
Smith, N.W. Stilwell Thomas
Washington Williams Wilson

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

Senator HINDS raised a Point of Order that once cloture had been invoked under the provisions of Rule 15A, a perfecting amendment to an amendment was out of order. The PRESIDENT took the Point of Order under advisement.

On motion of Senator BRYAN, Amendment No. 21A was carried over.

Senators HINSON and McGILL proposed the following Amendment No. 22 (CYY\18827.SD), which was tabled:

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

/SECTION . Notwithstanding any other provision of this act or of law to the contrary, no "C" Funds may be used to provide or generate state funds to match federal funds for highway purposes./

Renumber sections to conform.

Amend title to conform.

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

Senator J. VERNE SMITH moved to lay the amendment on the table.

The amendment was laid on the table.

Senator BRYAN proposed the previously carried over Amendment No. 21A (RES 494.88).

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

Senator HINDS raised a Point of Order that any new amendments as well as perfecting amendments to those amendments on the desk which constituted new subject matter would be out of order.

Senator McCONNELL raised a Point of Order that the Point of Order raised by Senator HINDS was out of order inasmuch as the matter was not before the body for consideration.

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

Senator BRYAN continued arguing in favor of the adoption of the Amendment No. 21A.

On motion of Senator MOORE, consideration was interrupted by adjournment to allow the staff adequate time to prepare technical and perfecting amendments, Senator BRYAN retaining the floor. The Bill, remained in the status of Adjourned Debate.

MOTION ADOPTED
On motion of Senator THOMAS, with unanimous consent, the Senate stood adjourned out of respect for Archie Stubbs of Greenville, S.C.

On motion of Senator MACAULAY, with unanimous consent, the Senate stood adjourned out of respect the Honorable P. BRADLEY MORRAH, former State Senator.

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

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