Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, hear the words of St. Peter in his first Epistle (Today's English Version) 3:12:

"For the Lord keeps His eyes on the righteous

and always listens to their prayers; but He

turns against those who do evil."
Let us pray.

Almighty God, Your Presence and Power are never far from the hearts that truly seek Thee.

You know that our lives are a mixture of good and evil. Forgive us for our thoughts, words and deeds that do not follow the plumb-line of that which is righteous in your sight.

May the good that we have done become a habit... and may our holy thoughts be like good seed sown in the soil of our wills that shall bring forth the fruits of positive action... and good legislation.

Hear our intercessions, O Lord, for those who never think to pray for themselves.

Amen.

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

March 17, 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.

Reappointments, Georgetown County Magistrates, with terms to expire April 30, 1995:

Initial Appointment Under Act 678 of 1988:

Ms. Lucille B. Wilson, 403 N. Farr Avenue, Andrews, South Carolina 29510

Mr. A. E. Barnhill, Jr., Route 3, Box 46, Hemingway, South Carolina 29554

W. Barry McCall, P.O. Box 1830, Pawleys Island, South Carolina 29585

Herbert K. Knox, 2226 Beck Street, Georgetown, South Carolina 29440

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

Initial Appointment Under Act 678 of 1988:

Mr. Raymond C. Fischer, P.O. Box 1716, Georgetown, South Carolina 29442 VICE Mr. Chalmers Larimore

William P. Moeller, P.O. Box 109, Murrells Inlet, South Carolina 29576 VICE Mr. Raymond Lee

Appointment, Richland County Master-In-Equity, with term to expire April 30, 1997:

Initial Appointment Under Act 678 of 1988:

Mr. Joseph M. Strickland, Richland County Judicial Center, 1701 Main Street, Columbia, South Carolina 29201

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

Document No. 1473
Promulgated By Board of Education
Intervention Where Quality of Education in a Local School District is Impaired
Received By Lt. Governor March 18, 1992
Referred to Senate Committee on Education
120 day review expiration date July 16, 1992

Document No. 1475
Promulgated By Clemson University Livestock-Poultry Health Division
Cervidae Entering South Carolina
Received By Lt. Governor March 17, 1992
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date July 15, 1992

The following was received:

Document No. 1453
Promulgated By Board of Nursing
Definitions of Terms and Requirements for Official Recognition
Received By Lt. Governor February 12, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date June 11, 1992
Withdrawn and resubmitted March 17, 1992

On motion of Senator COURSON, Chairman of the Committee on Invitations, the Privilege of the Chamber to that area behind the rail was to be extended to the 1992-93 Officers of Student Government of the University of South Carolina, Thomas R. Young, Jr. - President; Kelli Lister - Vice President; and Eric Dell -Treasurer, guests of Senator COURSON, on Tuesday, March 31, 1992.

On motion of Senator DRUMMOND, with unanimous consent, the Privilege of the Floor was extended to Mr. John Mark McQuown of Greenwood County and Miss Kelly Cromer of Richland County in celebration of Mental Health/Mental Retardation "Families First" Day.

Miss Cromer was a guest of Senator GIESE.

Mr. McQuown was a guest of Senator DRUMMOND and entertained the Senate with a song entitled, "You Light Up My Life".

In commemoration of continuous service with the State of South Carolina, Senator WILLIAMS, President Pro Tempore of the Senate, presented certificates and awarded service pins to the following Senators for their respective years of service:

Senator John A. Martin 40 years
Senator John C. Land, III 20 years
Senator Caldwell T. "Red" Hinson 20 years
Senator Nell W. Smith 10 years

Senator WILLIAMS presented certificates and awarded service pins to the following Senate staff commemorating their respective years of state service:

Darlene Griggs 10 years
Dubose R. "Bosie" Martin 10 years
Sheila D. McMillan 10 years
DeAnne L. Raven 10 years
Valerie D. Richardson Treasvant 10 years
Sara Elizabeth Croft 20 years

All were highly commended for their devoted and loyal service.

Senator BRYAN introduced Dr. Theodore A. Watson of Greenville, South Carolina, South Carolina, Doctor of the Day.

Senator THOMAS made a Parliamentary Inquiry as to whether or not it was timely to raise a Point of Order or wait until H. 4500, the General Appropriation Bill, was before the body.

The PRESIDENT stated that, when the matter was before the body would be the proper time to raise any Points of Order. He further advised that when the Senate arrived at that Bill in the box during the course of the Morning Hour, the Senate would be advised.

Senator SETZLER made a Parliamentary Inquiry as to when the Bill was in the possession of the Senate.

Senator LEATHERMAN spoke on the Inquiry.

The PRESIDENT stated that the Bill was in the possession of the body inasmuch as it was in the box.

Columbia, S.C., March 18, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed Local Appointment:

Appointment, Richland County Master-In-Equity, with term to expire April 30, 1997:

Initial Appointment Under Act 678 of 1988:

Mr. Joseph M. Strickland, Richland County Judicial Center, 1701 Main Street, Columbia, South Carolina 29201

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., March 18, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it tabled:
S. 1346 -- Senators Williams and Holland: A JOINT RESOLUTION TO CHANGE OR SUITABLY DELAY, FOR 1992 ONLY, THE FILING DATES AND PRIMARY DATES FOR ALL LOCAL OFFICES TO REFLECT THE DATES OR DELAYS ORDERED BY A COURT OF COMPETENT JURISDICTION WHICH HAVE BEEN CHANGED BY THE COURT FOR ELECTION OF MEMBERS OF THE SENATE, HOUSE OF REPRESENTATIVES, AND UNITED STATES CONGRESS.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., March 18, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it reconsidered ruling on:
S. 1378 -- Senator Setzler: A BILL TO AMEND ACT 171 OF 1991, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR 1991-92, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CERTAIN FUNDS FOR "EMPLOYER CONTRIBUTIONS FOR SCHOOL DISTRICTS - INSURANCE, RETIREES" IN PART I ARE ALLOCATED AND EXPENDED.
and referred to Ways and Means.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., March 18, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3625 -- Reps. Kinon, Haskins, Quinn, Harwell, Burch, J. Harris, Carnell, McAbee, Cato, L. Elliott, Wright, Rama, J. Brown and Cooper: A BILL TO AMEND SECTION 58-3-23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR THE NOMINATION OF CANDIDATES FOR ELECTION TO THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, SO AS TO AUTHORIZE THE MERIT SELECTION PANEL BY A MAJORITY INSTEAD OF UNANIMOUS VOTE TO SUBMIT, IN ADDITION TO THE NUMBER OF NAMES AUTHORIZED, FOUR NAMES FOR A VACANCY.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., March 18, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4463 -- Reps. Haskins, Rama, Vaughn, Fulmer, R. Young, Felder, Kempe, Gonzales, Baker, Cato, T.C. Alexander, Littlejohn, Lanford, Marchbanks and Kirsh: A JOINT RESOLUTION TO PROVIDE FOR THE PROSPECTIVE APPLICATION BY THE SOUTH CAROLINA TAX COMMISSION OF THE SALES AND USE TAX EXEMPTION RELATING TO RELIGIOUS PUBLICATIONS DECLARED TO BE UNCONSTITUTIONAL BY THE SOUTH CAROLINA SUPREME COURT.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., March 18, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4467 -- Reps. McTeer, Rogers, Felder and J. Harris: A BILL TO AMEND ACT 171 OF 1991, THE GENERAL APPROPRIATIONS ACT FOR 1991-92, SO AS TO AUTHORIZE CERTAIN REALLOCATIONS FOR A PORTION OF EDUCATION IMPROVEMENT ACT FUNDS ORIGINALLY APPROPRIATED TO THE CAMPUS INCENTIVE PROGRAM.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

The following were introduced:

S. 1397 -- Senator Wilson: A CONCURRENT RESOLUTION EXPRESSING SYMPATHY TO THE FAMILY AND MANY FRIENDS OF THE LATE WILEY KOON, SR.

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

S. 1398 -- Senators Bryan, J. Verne Smith, Courtney, Martschink, Mullinax, Rose, Stilwell, Thomas and Wilson: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY BY ADDING CHAPTER 36 SO AS TO REGULATE LOAN BROKERS NOT OTHERWISE REGULATED BY FEDERAL OR STATE LAW, TO PROVIDE DEFINITIONS, TO PROHIBIT LOAN BROKERS FROM PERFORMING CERTAIN ACTS, TO PROVIDE FOR THE RESPONSIBILITY OF PRINCIPALS, TO PROVIDE FOR INVESTIGATIONS, CEASE AND DESIST ORDERS, AND HEARING PROCEDURES WITH RESPECT TO LOAN BROKERS, TO PROVIDE FOR ADMINISTRATIVE FINES AND OTHER SANCTIONS, TO PROVIDE FOR EXAMINATIONS, SUBPOENAS, HEARINGS, AND WITNESSES, TO PROVIDE FOR INJUNCTIONS TO RESTRAIN VIOLATIONS, TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS, AND TO AUTHORIZE ACTIONS FOR DAMAGES.

Read the first time and referred to the Committee on Banking and Insurance.

S. 1399 -- Senators Robert W. Hayes, Jr., Holland, McConnell, Bryan, Moore, Wilson, Russell, Mullinax, Leventis, Giese, Thomas, Rose, Courtney, McGill and Martschink: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 73 TO TITLE 39 SO AS TO PROVIDE FOR THE STATE COMMODITY CODE.

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

S. 1400 -- Senators Robert W. Hayes, Jr., Holland, McConnell, Bryan, Moore, Wilson, Russell, Mullinax, Leventis, Giese, Thomas, Rose, Courtney, McGill and Martschink: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 67 SO AS TO ENACT THE "SOUTH CAROLINA FRANCHISE INVESTMENT ACT" WHICH REGULATES THE SALE AND OFFERING FOR SALE OF FRANCHISES IN THIS STATE, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.

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

S. 1401 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 41-15-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT OF LABOR, SO AS TO PROVIDE FOR NOTICE OF A HEARING ON A REGULATION IN THE STATE REGISTER AND TO EXEMPT CERTAIN REGULATIONS OF THE DEPARTMENT FROM THE REQUIREMENTS OF THE ADMINISTRATIVE PROCEDURES ACT.

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

S. 1402 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 23-45-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIABILITY INSURANCE FOR LICENSED FIRE PROTECTION SPRINKLER CONTRACTORS, SO AS TO DEFINE THE TERM "AUTHORIZED" AS IT RELATES TO THIS SECTION.

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

S. 1403 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSIONERS OF PILOTAGE PORT OF CHARLESTON, RELATING TO HARBOR PILOTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1389, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 1404 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LICENSING BOARD FOR CONTRACTORS, RELATING TO ROOFING LICENSE/LATE RENEWAL PENALTY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1413, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 1405 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE REAL ESTATE COMMISSION, RELATING TO FAILURE OF EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1424, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 1406 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO EXAMINATIONS, RECIPROCITY CERTIFICATES, FEES, AND ACCOUNTING PRACTITIONERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1415, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 1407 -- Senators Williams, Matthews, Fielding, Gilbert, Mitchell, Patterson and Washington: A CONCURRENT RESOLUTION DECLARING TUESDAY, MARCH 24, 1992, AS SOUTH CAROLINA STATE UNIVERSITY DAY.

Whereas, South Carolina State University, since its founding in 1896, has played an extraordinary part in the cause of higher education for the people of South Carolina; and

Whereas, South Carolina State University is accredited by the Southern Association of Colleges and Schools and is a member of the Council of Graduate Schools in the United States; and

Whereas, South Carolina State University is the only public institution in South Carolina offering the Ed. D. Degree; and

Whereas, South Carolina State University is currently involved in more than ten million dollars in research; and

Whereas, South Carolina State University is the only institution in South Carolina to offer both undergraduate and graduate degree programs in speech pathology and audiology; and

Whereas, South Carolina State University's nationally accredited Counseling and Self-Development Center offers among its programs Psychometric Services; and

Whereas, South Carolina State University's School of Education with its nationally accredited teacher education program is the only one in South Carolina to operate a laboratory school (Felton Laboratory School); and

Whereas, South Carolina State University's nationally accredited School of Engineering Technology is the only one in South Carolina; and

Whereas, South Carolina State University's nationally accredited School of Home Economics and Human Services prepares students for fruitful careers in nutrition and allied areas; and

Whereas, South Carolina State University's Army ROTC Program has commissioned more Black officers than any other institution and enjoys the status of having two retired Brigadier Generals, a Lieutenant General, and a Major General; and

Whereas, South Carolina State University's Museum/Planetarium is the largest single exhibit gallery in South Carolina and the largest planetarium between Chapel Hill, North Carolina, and Atlanta, Georgia; and

Whereas, South Carolina State University has more than twenty thousand alumni of record; and

Whereas, this valued institution has been especially beneficial in the intellectual, cultural, and economic life of the Orangeburg community and of the Midlands of South Carolina. Now, therefore,

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

That Tuesday, March 24, 1992, is declared South Carolina State University Day.

Be it further resolved that a copy of this resolution be forwarded to Acting President of South Carolina State University.

Referred to the Committee on Invitations.

H. 4328 -- Reps. Tucker and Cooper: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO UTILIZE ALTERNATIVE B OR D FOR IMPLEMENTING THE ANDERSON BYPASS AND ANDERSON-ABBEVILLE CONNECTOR ROUTES WHICH WILL USE EXISTING STATE HIGHWAY 29 TO CONNECT WITH UNITED STATES INTERSTATE 85.

Whereas, the Anderson Bypass and the Anderson-Abbeville Connector are integral components of the State Highway Improvement Plan; and

Whereas, the projects will serve transportation needs and improve travel opportunities throughout the State; and

Whereas, a primary objective is to determine the best corridor for the bypass and connector facilities to deliver maximum traffic service and create minimum development impact; and

Whereas, numerous economic benefits will be derived from the project, including equal opportunity to access regional hospital and emergency care facilities, educational institutions, shopping, civic arenas, and social and cultural opportunities; and

Whereas, two types of roadway improvements have been considered in the study: one to build a new controlled access facility and one to upgrade an existing highway; and

Whereas, during these economically depressed times the most cost-efficient method is to use the existing highway; and

Whereas, the department has a proposal, Alternative B or D, which will accomplish the objectives of utilizing the existing highway and being fiscally responsible by employing resources efficiently in improving the highway instead of expending greater sums to build a new highway thereby abandoning a viable highway; and

Whereas, the proposal presented at public forum workshops held on October 28 and 29, 1991, and November 4, 1991, provides for the use of an upgraded State Highway 29 to connect with Interstate 85. Now, therefore,

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

That the Department of Highways and Public Transportation is directed to use Alternative B or D utilizing existing State Highway 29 to connect with United States Interstate 85 instead of the proposal to build a new highway or to use State Highway 81 for the Anderson ByPass and the Anderson-Abbeville Connector.

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

Referred to the Committee on Transportation.

H. 4538 -- Reps. Wilkins, Fair, Mattos, Haskins, Cato, Manly, M.O. Alexander and Vaughn: A CONCURRENT RESOLUTION TO URGE THE VIDEO SOFTWARE DEALERS ASSOCIATION OF AMERICA AND ITS MEMBERS, AMONG OTHER THINGS, TO ADOPT AND STRENGTHEN MEMBERSHIP REQUIREMENTS AND OTHER PROCEDURES TO PREVENT MINORS FROM GAINING ACCESS TO CERTAIN MOTION PICTURES AND VIDEOTAPES, TO URGE THE GOVERNOR TO PROCLAIM A VIDEO AWARENESS WEEK, AND TO COMMEND THE JUNIOR LEAGUE OF GREENVILLE FOR ITS EFFORTS TO PROTECT MINORS FROM VIEWING CERTAIN MOTION PICTURES AND VIDEOTAPES.

Whereas, there is a need for improved self-regulation by video retailers to restrict access by minors to unsuitable videotapes; and

Whereas, various voluntary rating systems have been developed to provide guidance to parents and video retailers to assist them in this regard; and

Whereas, the Video Software Dealers Association of America (VSDA) has endorsed the observance of the rating system of the Motion Picture Association of America (MPAA) by its members; and

Whereas, many video retailers have established membership requirements or other procedures to prevent minors from gaining access to motion pictures and videotapes rated "R" and "NC-17" according to MPAA guidelines as well as unrated tapes that may be unsuitable; and

Whereas, VSDA has adopted a "Pledge to Parents" which is another positive example of industry self-regulation; and

Whereas, further voluntary efforts by video retailers need to be made to strengthen these procedures and to insure they are complied with by their employees and staff; and

Whereas, parental involvement and support is the cornerstone of any rating system. Now, therefore,

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

That video retailers are urged to adopt and strengthen membership requirements and other procedures to prevent minors from gaining access to motion pictures and videotapes which are not suitable for minors, including those motion pictures and videotapes rated "R" and "NC-17" under the MPAA guidelines.

That VSDA will undertake to distribute to every video retailer in the state a copy of this resolution and materials, including the "Pledge to Parents", designed to prevent minors from gaining access to inappropriate motion pictures and hold meetings to achieve this goal.

That parents are urged to actively monitor and guide their children's video watching and to exercise their parental responsibility to determine whether a particular motion picture and videotape is suitable for viewing by their children. Parents are urged to utilize the wide variety of information available regarding the content of movies, including the MPAA rating system, other rating systems, movie guides produced by a number of groups, and movie reviews contained in newspapers and magazines.

That the Governor proclaim a "Video Awareness Week" to educate the public regarding the importance of monitoring their children's video watching and to notify video retailers that they should strengthen their efforts at self-regulation. The VSDA and MPAA shall work closely with the Governor's Office to ensure that "Video Awareness Week" accomplishes its stated objectives.

That the Junior League of Greenville's efforts to protect minors by increasing parental awareness and by strengthening the video industry's efforts at self-regulation, is recognized and commended. The Junior League of Greenville is requested to monitor the success of increased voluntary self-regulation by the video retailers and to notify the VSDA or the specific video retailer, or both, of any noncompliance by a video retailer.

Be it further resolved that a copy of this resolution be forwarded to the VSDA, MPAA, and the Junior League of Greenville.

Referred to the Committee on Judiciary.

H. 3897 -- Reps. Quinn, Harrison, Rogers, T.C. Alexander, Waites and Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 69 TO TITLE 39 SO AS TO MAKE IT UNLAWFUL TO SELL TOBACCO PRODUCTS BY VENDING MACHINES IN ANY PUBLIC PLACE THAT IS PREDOMINANTLY FREQUENTED OR USED BY PERSONS UNDER THE AGE OF EIGHTEEN, PROVIDE THAT A MUNICIPALITY AND COUNTY ENFORCE THE PROVISIONS OF THIS CHAPTER, PROVIDE PENALTIES FOR VIOLATION, AND TO INVALIDATE ORDINANCES AND REGULATIONS ADOPTED BY MUNICIPALITIES, COUNTIES, AND POLITICAL SUBDIVISIONS BEFORE THE EFFECTIVE DATE OF THIS CHAPTER.

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

H. 4191 -- Reps. Cork and Keyserling: A BILL TO AUTHORIZE A MUNICIPALITY TO PROVIDE FOR THE ESTABLISHMENT OF A LAND BANK COMMISSION, PROVIDE FOR THE SOURCE OF FUNDING FOR THE PURPOSES AND OBJECTIVES OF SUCH COMMISSION, PROVIDE FOR AN EXEMPTION FROM THE PROVISIONS OF THIS ACT, REQUIRE AND PROVIDE FOR A REFERENDUM APPROVING A LAND BANK COMMISSION BEFORE THE ORDINANCE ESTABLISHING SUCH COMMISSION MAY BE IMPLEMENTED, PROVIDE FOR FUTURE REFERENDUMS AFTER THE INITIAL REFERENDUM, PROVIDE FOR THE REPEAL OF SUCH ORDINANCE WITHOUT THE NECESSITY OF REFERENDUM APPROVAL, AND PROVIDE FOR THE REDUCTION OR ELIMINATION OF THE SPECIFIED PERCENTAGE APPROVED AT THE REFERENDUM PROVIDED FOR IN THIS ACT WITHOUT THE NECESSITY OF REFERENDUM APPROVAL.

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

H. 4280 -- Rep. Snow: A BILL TO AMEND SECTION 46-26-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CITE FOR THE AGRICULTURAL LIMING MATERIALS ACT, SO AS TO PROVIDE FOR IT TO BE ADMINISTERED BY THE CROP PEST COMMISSION INSTEAD OF THE CLEMSON UNIVERSITY BOARD OF TRUSTEES; SECTION 46-26-20, RELATING TO DEFINITIONS IN THE ACT, SO AS TO DEFINE THE DIRECTOR OF REGULATORY AND PUBLIC SERVICE PROGRAMS, CLEMSON UNIVERSITY, AND THE DIVISION OF REGULATORY AND PUBLIC SERVICE PROGRAMS, CLEMSON; AND SECTION 46-26-30, RELATING TO THE DELEGATION OF DUTIES TO THE FERTILIZER BOARD OF CONTROL BY THE BOARD OF TRUSTEES, SO AS TO PROVIDE FOR THE COMMISSION TO DELEGATE THE DUTIES TO THE DIRECTOR WHO MAY ADMINISTER AND ENFORCE THIS CHAPTER AND RELATED REGULATIONS; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE THE REFERENCES TO "BOARD" TO "COMMISSION".

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

H. 4282 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-25-45 SO AS TO PROVIDE FOR THE CROP PEST COMMISSION TO DELEGATE DUTIES TO THE DIRECTOR OF REGULATORY AND PUBLIC SERVICE PROGRAMS, CLEMSON; AND TO AMEND SECTION 46-25-20, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO FERTILIZERS, SO AS TO DELETE THE DEFINITION OF THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY AND DEFINE THE COMMISSION, DIRECTOR, AND DIVISION OF REGULATORY AND PUBLIC SERVICE PROGRAMS, CLEMSON.

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

H. 4283 -- Rep. Snow: A BILL TO AMEND CHAPTER 9, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE CROP PEST COMMISSION, SO AS TO ADD SECTIONS 46-9-15 AND 46-9-110 AND REVISE THE CURRENT DUTIES AND RESPONSIBILITIES OF THE COMMISSION TO PROVIDE A UNIFORM COMPREHENSIVE REGULATION OF SUBJECT MATTER ASSIGNED BY LAW TO IT BY REVISING THE MEMBERSHIP AND DUTIES, DEFINING TERMS, PROVIDING FOR CONFIDENTIAL INFORMATION, DETAILING THE DIRECTOR'S AUTHORITY, AND REVISING PENALTIES.

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

H. 4351 -- Rep. Snow: A BILL TO REPEAL ACT 442 OF 1986 RELATING TO THE REQUIREMENT THAT THE DEPARTMENT OF AGRICULTURE DESIGN AND PRINT DECALS WHICH MAY BE DISPLAYED WHEREVER BARBEQUE IS SOLD.

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

H. 4546 -- Rep. Wilkes: A BILL TO CREATE THE FAIRFIELD COUNTY ECONOMIC DEVELOPMENT BOARD; TO PROVIDE FOR ITS MEMBERS AND TERMS, ITS PURPOSE, POWERS, AND DUTIES.

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

The PRESIDENT stated that H. 4500, the General Appropriation Bill, was before the body for consideration.

Senator LEATHERMAN raised a Point of Order that H. 4500, the General Appropriation Bill, was out of order in that Section 9.5 was violative of Section 12-27-1260 of the S.C. Code of Laws, 1976, as amended.

The PRESIDENT ruled that Section 9.5 was out of order.

Senator LEATHERMAN raised a Point of Order that H. 4500, the General Appropriation Bill, was out of order in that Section 129.63 was violative of Section 57-11-20 of the S.C. Code of Laws, 1976, as amended.

The PRESIDENT ruled that Section 129.63 was out of order.

Senator LEATHERMAN raised a Point of Order that H. 4500, the General Appropriation Bill, was out of order in that Section 43, Part II violated Sections 44-2-40 and 44-2-90 of the S.C. Code of Laws, 1976, as amended.

The PRESIDENT overruled the Point of Order.

Senator LEATHERMAN moved, in accordance with the Rulings by the PRESIDENT whereby two Points of Order were sustained, that the Senate vote to reject first reading of H. 4500 and send the General Appropriation Bill back to the House of Representatives.

Senator LEATHERMAN withdrew the motion to allow further Points of Order to be raised.

Senator PASSAILAIGUE raised a Point of Order that H. 4500, the General Appropriation Bill, was out of order in that Section 14, Part I was violative of Section 12-7-437 of the S.C. Code of Laws, 1976, as amended.

The PRESIDENT ruled that Section 14, Part I was out of order.

Senator PASSAILAIGUE raised a Point of Order that H. 4500, the General Appropriation Bill, was out of order in that Section 18, Part II was violative of Section 44-56-160, S.C. Code of Laws, 1976, as amended.

The PRESIDENT overruled the Point of Order.

Senator PASSAILAIGUE raised a Point of Order that H. 4500, the General Appropriation Bill, was out of order in that Section 20, Part II was violative of Section 44-93-170, S.C. Code of Laws, 1976, as amended.

The PRESIDENT overruled the Point of Order.

Senator PASSAILAIGUE raised a Point of Order that H. 4500, the General Appropriation Bill, was out of order in that Section 36, Part II was violative of Section 12-36-2610, S.C. Code of Laws, 1976, as amended.

The PRESIDENT overruled the Point of Order.

Senator PASSAILAIGUE raised a Point of Order that H. 4500, the General Appropriation Bill, was out of order in that Section 34, Part II was violative of Article X, Section X of the S.C. Constitution and Section 11-9-80, S.C. Code of Laws, 1976, as amended.

The PRESIDENT overruled the Point of Order.

Senator McCONNELL raised a Point of Order that H. 4500, the General Appropriation Bill, was out of order inasmuch as it was violative of Article III, Section 36 of the S.C. Constitution; that it was violative of Sections 11-11-310, 11-11-420, and 11-11-310 of the S.C. Code of Laws, 1976, as amended.

Senator WILLIAMS spoke on the Bill.

Senator THOMAS raised a Point of Order that H. 4500, the General Appropriation Bill, Section 128-001 was out of order inasmuch as the Bill was out of balance.

Senator MITCHELL spoke on the Bill.

Senator LOURIE spoke on the Bill.

Senator ROSE spoke on the Bill.

Senator McCONNELL spoke on the Bill.

Senator MOORE spoke on the Bill.

Senator THOMAS spoke on the Bill.

Senator SETZLER spoke on the Bill.

Senator LOURIE raised a Point of Order that the Points of Order previously raised were out of order inasmuch as the PRESIDENT did not have jurisdiction to rule on a matter originating in the House.

Senator LEATHERMAN raised a Point of Order that the Point of Order raised by Senator LOURIE comes too late and should have been made at the time the respective Points of Order were raised.

Senator McCONNELL spoke on the Point of Order.

Senator THOMAS spoke on the Point of Order.

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

Senator LOURIE raised a Point of Order that according to the provisions of Mason's, page 527, Paragraph 5, the PRESIDENT could not rule on whether the Bill was out of order.

Senator SETZLER spoke on the Point of Order raised by Senator LOURIE and stated that Article III, Section 15 of the S.C. Constitution, provided that a General Appropriation Bill may be altered, amended, or rejected by either body.

Senator THOMAS spoke on the Point of Order.

Senator McCONNELL spoke on the Point of Order.

Senator LOURIE raised a further Point of Order that the PRESIDENT could not issue any Rulings on Points of Order on H. 4500 inasmuch as the Senate did not have possession of the Bill because it had not been read.

Senator McCONNELL spoke on the Point of Order and stated that the Senate had possession of the Bill and was acting on it.

Senator LEATHERMAN spoke on the Point of Order and stated that the Senate had possession of H. 4500 as the Bill was in the box and the Senate was in the process of accepting or rejecting the Bill.

The PRESIDENT overruled the Point of Order.

At 1:55 P.M., the Senate receded from business not to exceed ten minutes.

At 2:10 P.M., the Senate resumed.

Senator WASHINGTON raised a Point of Order that the motion was out of order because the Bill was not before the body inasmuch as the title had not been published.

Senator LEATHERMAN spoke on the Point of Order and stated that the PRESIDENT had already ruled on the Point of Order but that this Point of Order comes too late.

Senator LEATHERMAN made a motion that the Senate reject first reading of the Bill and return the Bill to the House with an explanation as to why the Bill was being returned.

Senator Nell W. SMITH made a Parliamentary Inquiry as to whether or not the Senate, as a whole, could reject the Bill.

The PRESIDENT stated that the matter of rejection was in the control of the Senate.

Senator BRYAN spoke on the motion.

Senator J. VERNE SMITH spoke on the motion.

Senator DRUMMOND spoke on the motion.

Senator PASSAILAIGUE spoke on the motion.

Senator MOORE assumed the Chair.

Senator PASSAILAIGUE continued speaking on the motion.

The PRESIDENT assumed the Chair.

A roll call vote was ordered.

The question then was the first reading of the Bill.

The PRESIDENT stated that rejection of first reading automatically returns the Bill to the House.

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

Hayes, R.W. *Lourie Saleeby

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

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

Senator SETZLER made a Parliamentary Inquiry as to whether or not a separate motion to return the Bill to the House was necessary.

The PRESIDENT stated that the Senate had refused to give the Bill first reading and ordered the Bill returned to the House.

On motion of Senator PASSAILAIGUE, with unanimous consent, an explanation by Senator DRUMMOND would be attached to H. 4500 as to the reasons for rejection of first reading and why the Bill was returned to the House.

Senator MOORE assumed the Chair.

Senator MARTIN, from the Committee on Judiciary, submitted a favorable with amendment report on:

S. 652 -- Senator Lourie: A BILL TO AMEND SECTION 23-31-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASING OF A PISTOL, SO AS TO PROVIDE FOR THE PURCHASING OF A PISTOL AFTER MAKING APPLICATION TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, AND TO PROVIDE FOR THE APPROVAL OF SUCH APPLICATIONS AND TO AMEND SECTION 16-23-490, RELATING TO THE ADDITIONAL PENALTY FOR THE POSSESSION OF A FIREARM DURING THE COMMISSION OF CERTAIN CRIMES, SO AS TO PROVIDE THAT A PERSON CONVICTED OF COMMITTING OR ATTEMPTING TO COMMIT A VIOLENT CRIME WHILE IN THE POSSESSION OF A FIREARM OR WHO VISIBLY DISPLAYS A FIREARM OR KNIFE DURING THE COMMISSION OF A VIOLENT CRIME MUST RECEIVE AN ADDITIONAL FIVE YEAR MANDATORY TERM OF IMPRISONMENT TO BE SERVED CONSECUTIVELY, AND TO PROVIDE CONDITIONS OF THIS ADDITIONAL SENTENCE.

Ordered for consideration tomorrow.

Senator MARTIN, from the Committee on Judiciary, submitted a favorable report on:

S. 860 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 39 SO AS TO ENACT THE UNIFORM TRADE SECRETS ACT.

Ordered for consideration tomorrow.

Senator MARTIN, from the Committee on Judiciary, submitted a favorable with amendment report on:

S. 1248 -- Senator Robert W. Hayes, Jr.: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 27-21-22 AND 27-21-24 SO AS TO PROVIDE THE MANNER IN WHICH A SHERIFF OR CHIEF OF POLICE SHALL USE ABANDONED OR RECOVERED STOLEN PROPERTY AND PROVIDE FOR THE NOTIFICATION TO OWNERS OF ABANDONED OR RECOVERED STOLEN PROPERTY BY THE SHERIFF OR CHIEF OF POLICE OF A MUNICIPALITY; AND TO AMEND SECTION 27-21-20, RELATING TO THE AUTHORIZATION OF A SHERIFF TO SELL ABANDONED OR RECOVERED STOLEN PROPERTY AT PUBLIC AUCTION WHEN THE OWNER CANNOT BE FOUND AND THE REQUIREMENTS FOR ADVERTISEMENT OF THE SALE AND THE DISPOSITION OF THE PROCEEDS OF THE SALE, SO AS TO REVISE THE PROCEDURE FOR SELLING THIS PROPERTY AND AUTHORIZE THE CHIEF OF POLICE OF A MUNICIPALITY TO SELL THE SAME PROPERTY.

Ordered for consideration tomorrow.

Senator BRYAN, from the Committee on Judiciary, submitted a favorable with amendment report on:

S. 1253 -- Senators Nell W. Smith, Moore, Mullinax and Pope: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO PROVIDE FOR JURISDICTION IN DOMESTIC LITIGATION TO ORDER PARTIES TO A MEETING WITH A QUALIFIED PROFESSIONAL MEDIATOR AND DEFINE MEDIATOR.

Ordered for consideration tomorrow.

Senator STILWELL, from the Committee on Judiciary, submitted a favorable report on:

S. 1300 -- Senators McConnell, Stilwell, Rose, Moore, Leventis, Bryan, Robert W. Hayes, Jr., Courtney and Wilson: A BILL TO AMEND SECTION 36-9-402, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUISITES OF A FINANCING STATEMENT UNDER THE UNIFORM COMMERCIAL CODE, SO AS TO FURTHER PROVIDE FOR CERTAIN CIRCUMSTANCES UNDER WHICH A FINANCING STATEMENT IS CONSIDERED SUFFICIENT.

Ordered for consideration tomorrow.

Senator STILWELL, from the Committee on Judiciary, submitted a favorable report on:

S. 1337 -- Senator Stilwell: A BILL TO AMEND SECTION 8-13-775, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF A PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE FROM HAVING AN ECONOMIC INTEREST IN A CONTRACT WITH THE STATE OR ITS POLITICAL SUBDIVISIONS IF THE PERSON IS AUTHORIZED TO PERFORM AN OFFICIAL FUNCTION RELATING TO THE CONTRACT, SO AS TO MAKE THE SECTION APPLICABLE TO A PERSON WHO PERFORMS THE OFFICIAL FUNCTION RATHER THAN TO ONE WHO IS AUTHORIZED TO PERFORM THE FUNCTION.

Senator STILWELL asked unanimous consent that the Bill be placed on the Calendar as a report and subsequently committed to the Committee on Ethics, retaining its place on the Calendar.

Senator HOLLAND, from the Committee on Judiciary, submitted a favorable report on:

S. 1354 -- Senators Rose and Courtney: A BILL TO AMEND SECTION 19-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT THE PRIVILEGE OF SPOUSAL COMMUNICATION SHALL NOT APPLY TO CASES IN WHICH ONE OF THE SPOUSES IS A DEFENDANT IN A CRIMINAL CASE INVOLVING THE MURDER OF A MINOR.

Ordered for consideration tomorrow.

Senator WILSON, from the Committee on Judiciary, submitted a favorable report on:

H. 4248 -- Reps. Wright and Riser: A BILL TO AMEND SECTIONS 15-74-10 AND 15-74-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF LIABILITY EXEMPTION FOR DONATED FOOD AND THE NATURE AND EXTENT OF THE CIVIL LIABILITY EXEMPTION TO FOOD DONORS, SO AS TO INCLUDE WITHIN THE DEFINITION OF PERISHABLE FOOD CONSUMER AGRICULTURAL PRODUCTS WHICH THE DONOR ALLOWS TO BE REMOVED FROM HIS LAND AFTER COMMERCIAL HARVESTING AND TO EXTEND THE EXEMPTION FROM CIVIL LIABILITY TO INJURIES RESULTING FROM THE NATURE AND CONDITION OF THE LAND.

Ordered for consideration tomorrow.

Senator BRYAN, from the Committee on Judiciary, submitted a favorable report on:

H. 4418 -- Reps. McAbee and Carnell: A BILL TO AMEND SECTION 7-7-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO CONSOLIDATE CERTAIN PRECINCTS AND REVISE OTHER PRECINCTS.

Ordered for consideration tomorrow.

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

H. 4544 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF MAY 3-9, 1992, AS "NEWBERRY COUNTY JUNIOR SCHOLARSHIP PAGEANT WEEK" IN NEWBERRY COUNTY.

Ordered for consideration tomorrow.

S. 1391 -- Senator Mitchell: A CONCURRENT RESOLUTION CONGRATULATING THE RED RAIDERS OF GREENVILLE HIGH SCHOOL ON WINNING THE BOYS' CLASS AAA STATE BASKETBALL CHAMPIONSHIP FOR 1992.

Returned with concurrence.

Received as information.

S. 1392 -- Senator Mitchell: A CONCURRENT RESOLUTION CONGRATULATING SOUTHSIDE HIGH SCHOOL OF GREENVILLE COUNTY ON WINNING THE BOYS' CLASS AA STATE BASKETBALL CHAMPIONSHIP FOR 1992.

Returned with concurrence.

Received as information.

S. 1393 -- Senator Macaulay: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE GENERAL ASSEMBLY ON THE DEATH OF FRANCES RILEY RICHARDSON OF OCONEE COUNTY AND TO EXTEND ITS SYMPATHY TO HER FAMILY AND MANY FRIENDS.

Returned with concurrence.

Received as information.

S. 1304 -- Senators Saleeby, Land, Mullinax, Bryan, Pope, Lourie, Macaulay, McConnell, McGill, Nell W. Smith, Hinds, Holland, O'Dell, Stilwell, Fielding, Washington, Matthews, Moore and Reese: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO CONSIDER THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION BEFORE ADOPTING A REFORM PACKAGE DEALING WITH MEDICAL INSURANCE.

Returned with concurrence.

Received as information.

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

Returned with concurrence.

Received as information.

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

H. 4218 -- Rep. Kirsh: A BILL TO AMEND SECTION 40-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF ACCOUNTANCY, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR THE PUBLIC MEMBERS; AND TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF ACCOUNTANCY FOR SIX YEARS.

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

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

S. 1321 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-53-105 SO AS TO REQUIRE A SURETY BONDSMAN TO PAY A FEE OF ONE HUNDRED DOLLARS IN EACH COUNTY WHERE HE DOES BUSINESS OTHER THAN THE COUNTY OF HIS PRINCIPAL PLACE OF BUSINESS.

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

S. 933 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-735 SO AS TO PROVIDE FOR DISPOSITION OF FORFEITED PROPERTY; TO AMEND SECTION 50-11-540, RELATING TO PENALTIES FOR VIOLATIONS PERTAINING TO TURKEY HUNTING, SO AS TO INCREASE PENALTIES AND REVISE THE FORFEITURE PROVISIONS; TO AMEND SECTION 50-11-710, RELATING TO NIGHT HUNTING, SO AS TO CHANGE THE REFERENCE TO "LARGER" TO "A GREATER CALIBER" AND PROVIDE FOR A CONFISCATION, FORFEITURE, AND SALE PENALTY; TO AMEND SECTION 50-11-730, RELATING TO HUNTING, SHOOTING, OR KILLING DEER FROM A WATER CONVEYANCE SO AS TO CHANGE THE REFERENCES TO "SHOOT" AND "KILL" TO "TAKE" AND "ATTEMPT TO TAKE" AND PROVIDE A PROCEDURE FOR FORFEITURE AND DISPOSITION OF PROPERTY; TO AMEND SECTION 50-11-740, RELATING TO THE CONFISCATION, FORFEITURE, AND DISPOSITION OF PROPERTY USED IN THE HUNTING OF DEER OR BEAR AT NIGHT, SO AS TO REVISE THE FORFEITURE PROVISIONS; TO AMEND SECTION 50-13-1196, RELATING TO THE CONFISCATION OF PROPERTY USED IN A VIOLATION OF PROVISIONS PROTECTING FISH, SO AS TO CHANGE THE REFERENCE TO THE SECTION PERTAINING TO THE SALE OF THE PROPERTY; TO AMEND SECTION 50-17-615, RELATING TO THE LAWFUL AREA AND TIME TO TRAWL FOR SHRIMP OR PRAWN, SO AS TO REVISE THE REFERENCE TO THE AREAS ALWAYS CLOSED TO TRAWLING; TO AMEND SECTION 50-17-650, RELATING TO THE PENALTIES FOR SHRIMP TRAWLING VIOLATIONS, SO AS TO PROVIDE A PROCEDURE FOR FORFEITURE AND DISPOSITION OF PROPERTY; AND TO AMEND SECTION 50-19-2220, RELATING TO VIOLATIONS FOR RIFLE USE FOR CERTAIN WATERS OF THE SAVANNAH RIVER SO AS TO CHANGE THE REFERENCE TO THE SECTION PERTAINING TO SALE OF CONFISCATED RIFLES.

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

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (BBM9808.BD) proposed by Senator GILBERT and previously printed in the Journal of Tuesday, March 17, 1992.

The amendment (NO5\8239.BD) as perfected by JUD933.004 was adopted as follows:

Amend the bill, as and if amended, by striking Section 50-11-735 and inserting:

/Section 50-11-735. (A) For purposes of this section, a conviction for unlawfully taking, attempting to take, or possessing wildlife is conclusive against the owner of property subject to forfeiture.

(B) Forfeited property not claimed or redeemed as provided in this section may be retained by the department for official use, transferred to other governmental agencies for official use, sold at public auction, or disposed of according to law.

(C) If the department sells forfeited property, the sale must be at public auction for cash to the highest bidder at a public place in the county where the property was seized. Before the sale, the department shall give at least thirty days' notice to the former owner of the property subject to forfeiture by certified mail and to the public by posting an advertisement of the sale at the county courthouse and by publishing the advertisement at least once in a newspaper of general circulation in the county. Upon sale, the department first shall satisfy costs and expenses of the seizure, advertisement, and sale, including, but not limited to, expenses incurred for the storage of the forfeited property. The net proceeds must be placed on deposit with the State Treasurer and credited to the game protection fund.

(D) When forfeited property is valued at one thousand dollars or more, the former owner may redeem it by paying one thousand dollars to the department within thirty days after conviction. When forfeited property is valued at less than one thousand dollars, the former owner may redeem it by paying to the department the fair market value of the property within thirty days after conviction. The amounts received by the department must be placed on deposit with the State Treasurer and credited to the game protection fund.

(E) When the department seizes property subject to forfeiture, the owner may redeem it before trial by paying to the department the fair market value of the property or one thousand dollars, whichever is less, if the property is not being held as evidence. Upon conviction, the amount received by the department must be placed on deposit with the State Treasurer and credited to the game protection fund. If there is no conviction, the amount received must be returned to the owner.

(F) When the department seizes property subject to forfeiture and which is subject to a lien of record, it shall ascertain the fair market value of the property. Upon conviction of the owner, an innocent lienholder of record may claim the property upon proof of his status. The person convicted shall pay the department the fair market value of the property not to exceed one thousand dollars an item. Upon payment, the property must be relinquished to the innocent lienholder of record. The amount received by the department must be placed on deposit with the State Treasurer and credited to the game protection fund.

(G) If property is seized pursuant to this section and an innocent person other than an innocent lienholder of record proves ownership in the property, the department shall ascertain the fair market value of the property. Upon conviction of the person from whom the property was seized, the innocent person may claim the property upon proof of his status, and the department immediately shall relinquish the property to the innocent owner. The person convicted shall pay the department the fair market value of the property not to exceed one thousand dollars an item. The amount received by the department must be placed on deposit with the State Treasurer and credited to the game protection fund.

(H) If property is seized pursuant to this section and an innocent person other than an innocent lienholder of record proves ownership in the property, the department shall ascertain the fair market value of the property. If the property is not being held as evidence, the department immediately shall relinquish the property to the innocent owner. Upon conviction of the person from whom the property was seized, he shall pay the department the fair market value of the property not to exceed one thousand dollars an item. The amount received by the department must be placed on deposit with the State Treasurer and credited to the game protection fund./

Amend title to conform.

Senator POPE proposed the following amendment (JUD933.008), which was adopted:

Amend the bill, as and if amended, in Section 50-11-735, as contained in SECTION 1, by adding an appropriately numbered subsection to read:

/( ) The division shall maintain a permanent record of all property recovered pursuant to this section which shall list the property recovered, the disposition of such property, and the date of the disposition./ .

Amend the bill further, as and if amended, line 7 of Section 50-11-710(A), as contained in SECTION 3, by striking /buckshot or/ and inserting:

/buckshot or nor may they be hunted with buckshot,/ .

Renumber sections to conform.

Amend title to conform.

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

H. 4218 -- Rep. Kirsh: A BILL TO AMEND SECTION 40-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF ACCOUNTANCY, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR THE PUBLIC MEMBERS; AND TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF ACCOUNTANCY FOR SIX YEARS.

Senator J. VERNE SMITH asked unanimous consent to reconsider the vote whereby the Bill was given a third reading and notice of general amendments was given.

There was no objection.

The amendment proposed by the Committee on Labor, Commerce and Industry (RES4218.001) was adopted as follows:

Amend the bill, as and if amended, by striking lines 33 through 35 and inserting in lieu thereof, the following:

/accounting. As used in this section, `immediate family member' shall be defined as in Section 8-13-100(18). Members shall must be/

Renumber sections to conform.

Amend title to conform.

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

Having voted on the prevailing side, Senator McCONNELL moved to reconsider the vote whereby the Senate failed to give the Bill first reading. The vote was reconsidered.

On motion of Senator McCONNELL, the Senate declined consideration of the Bill and ordered the Clerk to return the Bill to the House.

Senators BRYAN and ROBERT W. HAYES, JR. desired to be recorded as voting against the motion to refuse to consider the Bill.

At 3:06 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

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