Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, hear the words of the Psalmist in Psalm 48 (v.1)

"Great is the Lord, and greatly to be praised

In the city of our God, in the mountain of

His holiness."
Let us pray.

Lord, God of the Universe and our God, we join a grateful multitude in giving thanks for the safe flight into space and return to planet earth of Thy servant, our fellow Carolinian, Commander Charles Bolden, and his crew of the "Atlantis".

Our prayer is that the new knowledge learned in space will be helpful in increasing the quality of life we must live here on earth.

May our lives be witnesses to the greatness of our God... and may we all say with our beloved poet of the Old South, Sidney Lanier, as he looked out upon our low-country marshes and said:

"As the marsh-hen secretly builds on the watery sod,

Behold I will build me a nest on the greatness of God...

By so many roots as the marsh-grass sends in the sod

I will heartily lay me a-hold on the greatness of God."

Amen.

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

The following was received and referred to the appropriate committee for consideration:

Document No. 1422
Promulgated By Department of Health and Environmental Control
Environmental Health Fees to Test Milk, Milk Products, and Frozen Desserts
Received By Lt. Governor April 3, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date August 1, 1992

Columbia, S.C., April 2, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3048 -- Rep. Keyserling: A BILL TO AMEND SECTION 56-7-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM TRAFFIC TICKET, SO AS TO PROVIDE THAT THE UNIFORM TRAFFIC TICKET MUST BE USED FOR VIOLATIONS OF COUNTY OR MUNICIPAL ORDINANCES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

At 12:00 Noon, on motion of Senator COURSON, Senator STILWELL was granted a leave of absence for today.

At 12:00 Noon, on motion of Senator PATTERSON, Senator GILBERT was granted a leave of absence for today.

At 12:30 P.M., Senator GIESE requested and was granted a leave of absence from 6:30-8:30 P.M. tonight.

At 12:00 Noon, on motion of Senator COURTNEY, his leave of absence granted for Monday, April 6, 1992, was rescinded.

Senator MITCHELL rose to a Point of Privilege.

On motion of Senator COURSON, Chairman of the Committee on Invitations, the Privilege of the Floor will be extended to Mr. Arnold Schwarzenegger on Wednesday, April 15, 1992, for a brief period.

On motion of Senator COURSON, Chairman of the Committee on Invitations, the Privilege of the Floor will be extended to the Wade Hampton High School Choral Group, the Pelham Road Elementary Singers, on Wednesday, April 15, 1992, to present the song, "Coming Home" to the Senate.

The following were introduced:

S. 1448 -- Senators Wilson, Leventis and Robert W. Hayes, Jr.: A SENATE RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PRESERVE THE ESSENTIAL PLACE OF THE NATIONAL GUARD IN THE NATIONAL DEFENSE POLICY.

Whereas, the members of the Senate are concerned that current debate in Washington on the future national defense policy of the United States foresees a much reduced role for the National Guard; and

Whereas, the proposed Base Force Defense Strategy would be devastating to the Guard and would not prove cost-effective; and

Whereas, this strategy challenges the constitutional perception for the type and balance of the nation's armed forces; and

Whereas, historically the National Guard has played a key role in generating community support for our national defense policy as was apparent during the recent Persian Gulf War when thousands of Americans cheered Guard, Reserve, and active military units as they departed for the Gulf and when they returned home; and

Whereas, the National Guard has achieved a high level of readiness and effectiveness under the Total Force Policy which brought together successfully those elements critical for successful military operations -- well-trained and equipped forces, integrated capability, and political will; and

Whereas, it is clear that the maintenance of a strong and viable National Guard requires a force structure and end strength of a minimum of 420,000 personnel; and

Whereas, force levels below 420,000 would result in the inactivation of local units and the closing of armories. Now, therefore,

Be it resolved by the Senate:

That the members of the Senate memorialize the Congress of the United States to preserve the essential place of the National Guard in the national defense policy.

Be it further resolved that a copy of this resolution be forwarded to each member of the South Carolina Delegation in the United States Congress and the Honorable Richard Cheney, Secretary of Defense.

Referred to the General Committee.

S. 1449 -- Senator Lourie: A BILL TO AMEND SECTION 46-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MIGRANT FARM WORKERS COMMISSION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION, TO PROVIDE THAT THE CHAIRMAN OF THE COMMISSION MUST BE APPOINTED BY THE GOVERNOR, AND TO PROVIDE THAT A REPRESENTATIVE OF CERTAIN FEDERAL AND STATE AGENCIES IS AUTHORIZED TO ATTEND MEETINGS OF THE COMMISSION IN ORDER TO ACT IN AN ADVISORY CAPACITY TO THE COMMISSION, AND TO AMEND SECTION 46-43-30, RELATING TO OFFICES OF THE COMMISSION AND OTHER RELATED ADMINISTRATIVE MATTERS, SO AS TO DELETE THE STIPULATION THAT THE COMMISSION SHALL ELECT A CHAIRMAN.

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

S. 1450 -- Senator Holland: A BILL TO AMEND SECTION 17-22-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRETRIAL INTERVENTION PROGRAMS ESTABLISHED BY THE CIRCUIT SOLICITORS, SO AS TO PROVIDE THAT THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION SHALL OVERSEE ADMINISTRATIVE PROCEDURES FOR THESE PROGRAMS; TO AMEND SECTION 17-22-40, RELATING TO THE OFFICE OF PRETRIAL INTERVENTION COORDINATOR, SO AS TO TRANSFER THIS OFFICE FROM THE ATTORNEY GENERAL'S OFFICE TO THE COMMISSION ON PROSECUTION COORDINATION AND TO PROVIDE THAT THE COORDINATOR MUST BE EMPLOYED BY THE COMMISSION ON PROSECUTION COORDINATION; TO AMEND SECTION 17-22-50, RELATING TO PERSONS NOT ELIGIBLE FOR PRETRIAL INTERVENTION, SO AS TO FURTHER PROVIDE FOR THOSE OFFENSES WHICH MAKE PERSONS INELIGIBLE FOR PRETRIAL INTERVENTION; TO AMEND SECTION 17-22-60, RELATING TO CERTAIN STANDARDS AND CONDITIONS APPROPRIATE FOR PRETRIAL INTERVENTION, SO AS TO CLARIFY THAT INTERVENTION IS APPROPRIATE IF THE OFFENDER HAS NOT PREVIOUSLY BEEN ACCEPTED IN A PRETRIAL INTERVENTION PROGRAM; TO AMEND SECTION 17-22-100, RELATING TO THE TIME FOR APPLICATION TO AN INTERVENTION PROGRAM, SO AS TO REVISE THIS TIME; TO AMEND SECTION 17-22-110, AS AMENDED, RELATING TO FEES FOR APPLICATION AND ACCEPTANCE, SO AS TO CHANGE THE TERM "ACCEPTANCE FEE" TO THE TERM "PARTICIPATION FEE" AND TO FURTHER PROVIDE FOR THE USE OF THESE FEES; TO AMEND SECTION 17-22-120, RELATING TO ALCOHOL AND DRUG ABUSE SERVICES FOR OFFENDERS IN AN INTERVENTION PROGRAM, SO AS TO PROVIDE THAT NO SERVICES MAY BE DENIED DUE TO AN OFFENDER'S INABILITY TO PAY; TO AMEND SECTION 17-22-130, RELATING TO REPORTS AND IDENTIFICATION AS TO OFFENDERS ACCEPTED FOR INTERVENTION, SO AS TO FURTHER PROVIDE FOR THE RETENTION OF THESE RECORDS AND REPORTS AND FOR THOSE PERSONS AUTHORIZED TO RECEIVE CERTAIN INFORMATION IN REGARD TO INTERVENTION; TO AMEND SECTION 17-22-150, RELATING TO DISPOSITION OF CHARGES AGAINST OFFENDERS ACCEPTED FOR INTERVENTION, SO AS TO FURTHER PROVIDE FOR THOSE AGENCIES OR INDIVIDUALS REQUIRED TO DESTROY RECORDS RELATING TO THE OFFENSE; TO ADD SECTION 17-22-170, SO AS TO MAKE IT A MISDEMEANOR FOR ANY PERSON TO UNLAWFULLY RETAIN OR RELEASE INFORMATION ON AN OFFENDER'S PARTICIPATION IN A PRETRIAL INTERVENTION PROGRAM AND TO PROVIDE PENALTIES FOR VIOLATION; AND TO REPEAL SECTION 17-2-160, RELATING TO THE TIME WITHIN WHICH THE PRETRIAL INTERVENTION PROGRAMS WERE REQUIRED TO BE FIRST ESTABLISHED.

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

S. 1451 -- Senators Peeler, Cork, Courson, Courtney, Giese, Martschink, McConnell, Reese, Rose, Russell, Shealy, Stilwell, Thomas and Wilson: A CONCURRENT RESOLUTION EXTENDING THE BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. W. GLADDEN SMOKE OF CHEROKEE COUNTY FOR A SPEEDY RECOVERY FROM HIS RECENT ILLNESS.

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

H. 4678 -- Reps. Whipper, J. Bailey, Barber, Fulmer, Gonzales, Hallman, Holt, Inabinett, D. Martin, Rama and R. Young: A CONCURRENT RESOLUTION DECLARING APRIL 5, 1992, AS "SELF-ESTEEM ENRICHMENT DAY" IN THE STATE OF SOUTH CAROLINA IN RECOGNITION OF THE LINKS, INC. NATIONAL PROJECT TO PROMOTE AND BUILD SELF-ESTEEM.

Whereas, The Links, Inc. was organized in 1946 as a community service organization and today has a membership of over eight thousand women with two hundred forty-five chapters in the United States, including the District of Columbia, and in Nassau, The Bahamas, and Frankfurt, Germany; and

Whereas, The Links, Inc. recognizes that self-esteem/self-concept issues lie at the very root of alcohol and other drug problems, teenage pregnancy, the school drop-out rate, and gang-related violence -- all of which has a very negative impact on youth; and

Whereas, Operation SEED (Self-Esteem Enrichment Day) is an attempt to support and strengthen The Links, Inc.'s national project, LEAD (Links Erase Alcohol and Drugs), which began in 1985; and

Whereas, this effort is highly deserving of commendation and support and is worthy of the undivided attention and interest of every South Carolinian. 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 and on behalf of the citizens of this State, proudly joins in The Links, Inc.'s national observance by declaring April 5, 1992, as "Self-Esteem Enrichment Day" in the Palmetto State in recognition of the outstanding efforts of this exemplary organization to promote and build self-esteem.

Be it further resolved that a copy of this resolution be forwarded to the president of The Links, Inc.

Referred to the Committee on Invitations.

H. 3039 -- Reps. Whipper, Rama and M.O. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-90 SO AS TO MAKE IT UNLAWFUL FOR A BUSINESS WHICH IS LICENSED AS A RETAILER BY A MUNICIPALITY, COUNTY, OR THE STATE TO USE THE TERM "WHOLESALER" OR "DISTRIBUTOR" IN ITS NAME, TO PROVIDE AN EXCEPTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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

H. 4093 -- Reps. P. Harris, Waldrop and Neilson: A BILL TO AMEND SECTION 44-81-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS OF RESIDENTS IN LONG-TERM CARE FACILITIES, SO AS TO INCLUDE THE RIGHT TO BE INFORMED OF THE FACILITY'S REFUND POLICY WHICH A FACILITY MUST ADOPT, TO CHOOSE A PERSONAL PHYSICIAN AND RIGHTS ASSOCIATED WITH TREATMENT AND CARE, TO PROVIDE AN EXCEPTION TO THE THIRTY-DAY TRANSFER NOTICE REQUIREMENT, AND TO PROVIDE FOR FAMILY ACCESS TO THE RESIDENT AND THE RIGHT OF FAMILY TO MEET WITH OTHER FAMILIES AT SUCH FACILITIES.

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

H. 4127 -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 15-51-41 AND 15-51-42 SO AS TO ESTABLISH CERTAIN PROCEDURES FOR OBTAINING COURT APPROVAL OF ANY SETTLEMENT OF WRONGFUL DEATH OR SURVIVAL ACTIONS; AND TO AMEND SECTION 62-1-302, AS AMENDED, RELATING TO THE JURISDICTION OF THE SOUTH CAROLINA PROBATE COURT, SO AS TO PROVIDE THAT THE PROBATE COURT HAS CONCURRENT JURISDICTION WITH THE CIRCUIT COURT TO APPROVE SETTLEMENTS OF WRONGFUL DEATH OR SURVIVAL ACTIONS AS PROVIDED IN SECTIONS 15-51-41 AND 15-51-42; AND TO AMEND SECTION 62-1-403, RELATING TO PROCEEDINGS, PLEADINGS, AND NOTICE IN THE PROBATE COURT, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO WRONGFUL DEATH OR SURVIVAL ACTIONS.

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

H. 4133 -- Reps. Corning, Rudnick and Wilder: A BILL TO AUTHORIZE SHOPPING CENTERS AND BUSINESS OR COMMERCIAL ESTABLISHMENTS WHICH PROVIDE HANDICAPPED-ONLY PARKING SPACES ON PRIVATE PROPERTY TO ISSUE UNIFORM CITATIONS FOR VIOLATIONS OF THE USE OF SUCH PARKING SPACES, IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

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

H. 4167 -- Rep. L. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-742 SO AS TO REQUIRE THAT A NONCUSTODIAL PARENT BE MADE A PARTY IN AN ABUSE, NEGLECT, OR DELINQUENCY MATTER BEFORE THE FAMILY COURT, AND TO AMEND SECTION 20-7-736, AS AMENDED, RELATING TO REMOVAL OF A CHILD FROM PARENTAL CUSTODY IN ABUSE AND NEGLECT CASES, SO AS TO INCLUDE AMONG THE FINDINGS REQUIRED THAT THERE IS NO RELATIVE, INCLUDING A NONCUSTODIAL PARENT, WITH WHOM THE CHILD MAY BE PLACED.

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

H. 4170 -- Rep. Wilkins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XVI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO AMENDMENT AND REVISION OF THE CONSTITUTION, SO AS TO PROVIDE THAT FOR ANY GENERAL ELECTION RATHER THAN JUST FOR THE 1990 GENERAL ELECTION, REVISION OF AN ENTIRE ARTICLE OR THE ADDITION OF A NEW ARTICLE MAY BE PROPOSED AS A SINGLE AMENDMENT WITH ONLY ONE QUESTION BEING REQUIRED TO BE SUBMITTED TO THE ELECTORS.

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

H. 4239 -- Reps. Harrison and Quinn: A BILL TO AMEND SECTION 25-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF THE DIRECTOR OF VETERANS AFFAIRS, SO AS TO ALLOW THE VETERANS OF FOREIGN WARS AND THE DISABLED AMERICAN VETERANS, ALONG WITH THE AMERICAN LEGION, TO MAKE A RECOMMENDATION TO THE GOVERNOR FOR A DIRECTOR.

Read the first time and referred to the General Committee.

H. 4254 -- Rep. Boan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-36-145 SO AS TO PERMIT A PERSON LICENSED AS AN OCCUPATIONAL THERAPIST IN ANOTHER JURISDICTION TO PRACTICE OCCUPATIONAL THERAPY IN THIS STATE FOR NOT MORE THAN NINETY DAYS AFTER BECOMING A RESIDENT OF THIS STATE PENDING HIS BEING LICENSED IN THIS STATE.

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

H. 4256 -- Rep. Kirsh: A BILL TO AMEND SECTION 40-47-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR RESPIRATORY CARE PRACTITIONERS, SO AS TO DELETE THE REQUIREMENT OF GOOD MORAL CHARACTER, PROHIBIT CERTIFICATION OF PERSONS CONVICTED OF A FELONY OR CRIME INVOLVING MORAL TURPITUDE, AND DELETE REDUNDANT LANGUAGE; AND TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA RESPIRATORY CARE COMMITTEE FOR SIX YEARS.

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

H. 4265 -- Reps. Kempe, Beatty and Clyborne: A BILL TO AMEND SECTION 18-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME AND MANNER AN APPEAL MUST BE TAKEN FROM A MAGISTRATE OR MUNICIPAL COURT, SO AS TO DELETE REFERENCES TO THE RECORDER OR JUDGE OF THE MUNICIPAL COURT.

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

H. 4297 -- Reps. Phillips and Farr: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 35 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR SELECTIVE SERVICE BOARD MEMBERS, INCLUDING PROVISIONS THAT MAKE IT UNLAWFUL KNOWINGLY TO PERMIT THE LICENSE PLATE TO BE DISPLAYED ON A VEHICLE OTHER THAN THE ONE AUTHORIZED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

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

H. 4344 -- Rep. G. Bailey: A BILL TO AMEND SECTION 19-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIBILITY OF CERTAIN OUT-OF-COURT STATEMENTS BY CHILDREN IN ABUSE OR NEGLECT PROCEEDINGS, SO AS TO DELETE THE PROVISION THAT THE STATEMENTS ARE INADMISSIBLE IF THE PARENTS OF THE CHILD ARE SEPARATED OR DIVORCED IF ONE OF THE PARENTS IS THE ALLEGED PERPETRATOR OF THE ABUSE AND THE ALLEGATION OF ABUSE WAS MADE AFTER THE PARENTS SEPARATED OR DIVORCED.

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

H. 4367 -- Rep. McLeod: A BILL TO AMEND SECTION 61-3-1000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STRUCTURAL AND OTHER REQUIREMENTS FOR RETAIL LIQUOR STORES, SO AS TO DELETE REQUIREMENTS RELATING TO ENTRANCES AND EXITS, SIGN MATERIAL, SIZE, AND CONTENT; AND TO REPEAL SECTION 61-3-1010, RELATING TO REQUIREMENT FOR THE DISPLAY OF PRICES AND STOCK IN RETAIL LIQUOR STORES.

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

H. 4387 -- Reps. Corning, Keyserling, Harrison, Kirsh, Wilkes, Waites and Wofford: A BILL TO AMEND SECTION 8-13-1342, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, CAMPAIGN PRACTICES, RESTRICTIONS ON CONTRIBUTIONS BY A CONTRACTOR TO A CANDIDATE WHO PARTICIPATED IN THE AWARDING OF A CONTRACT, AND THE BAN ON A PUBLIC OFFICIAL'S OR EMPLOYEE'S SOLICITATION OF CAMPAIGN CONTRIBUTIONS OR INVESTMENTS UNDER CERTAIN CIRCUMSTANCES, SO AS TO MAKE THE PROVISIONS OF THE SECTION APPLICABLE TO REFERRALS FOR THE RENDERING OR PROVIDING OF PROFESSIONAL SERVICES, INCLUDING LEGAL SERVICES, DELETE THE EXEMPTION RESPECTING CONTRACTS AWARDED THROUGH COMPETITIVE BIDDING, AND PROVIDE THAT "CONTRACT", FOR THE PURPOSES OF THIS SECTION, SPECIFICALLY INCLUDES A CONTRACT FOR PROFESSIONAL SERVICES, INCLUDING LEGAL SERVICES.

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

H. 4396 -- Rep. Wilkes: A BILL TO AMEND ARTICLE 3, CHAPTER 11, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DAMS AND RESERVOIRS SAFETY ACT, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR OWNERS OF DAMS OR RESERVOIRS REGARDING TRANSFER OF OWNERSHIP, MAINTENANCE, AND OPERATION AND REQUIREMENTS FOR CONSTRUCTION OF NEW DAMS AND RESERVOIRS, AUTHORIZE THE LAND RESOURCES CONSERVATION COMMISSION TO ASSESS FINES FOR VIOLATIONS, AND PROVIDE FOR THE USE OF CIVIL FINES COLLECTED UNDER THIS ARTICLE.

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

H. 4405 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR SELF-PROPELLED PROPERTY CARRYING VEHICLES, SO AS TO PROVIDE THAT NO VEHICLE IN EXCESS OF EIGHTY THOUSAND POUNDS WILL BE REGISTERED; AND TO AMEND SECTION 56-5-4170, RELATING TO PERMITS FOR EXCESS SIZE AND WEIGHT, SO AS TO PROVIDE FOR A FEE OF TWENTY DOLLARS FOR EACH PERMIT ISSUED.

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

H. 4426 -- Reps. Manly, Fair, Cato, Mattos, Anderson, Vaughn, M.O. Alexander, Haskins, Wilkins, Jaskwhich and Clyborne: A BILL TO AUTHORIZE A POLITICAL SUBDIVISION WHICH OPERATES A SEWER SYSTEM AUTHORIZED BY LAW TO PROVIDE FOR THE EXPENDITURE OF FUNDS COLLECTED BY WAY OF FRONT-FOOT ASSESSMENTS OR PER-PARCEL ASSESSMENTS FOR SEWER IMPROVEMENTS IN ACCORDANCE WITH THIS ACT.

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

H. 4432 -- Reps. Wilkins, Jennings, Harrison, Huff, J. Williams and Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-85 SO AS TO CREATE THE FELONY CRIMINAL OFFENSE OF HOMICIDE BY CHILD ABUSE, TO PROVIDE FOR THE CONSIDERATION OF AGGRAVATING AND MITIGATING CIRCUMSTANCES, AND TO PROVIDE PENALTIES.

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

H. 4439 -- Rep. Altman: A BILL TO AMEND SECTION 56-9-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATION AND CERTIFICATE FOR SELF-INSURERS, SO AS TO REQUIRE CERTAIN INFORMATION TO BE SUBMITTED TO DETERMINE FINANCIAL RESPONSIBILITY.

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

H. 4485 -- Rep. Waldrop: A JOINT RESOLUTION TO PROVIDE THAT THE MEMBERS OF THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS BEGIN TO SERVE UPON APPOINTMENT BUT THAT THE TIME FOR CALCULATING THEIR INITIAL STAGGERED TERMS DOES NOT BEGIN TO RUN UNTIL ALL MEMBERS OF THE BOARD ARE APPOINTED; TO PROVIDE THAT CERTAIN MEMBERS OF THE NURSING HOME ADMINISTRATORS BOARD SHALL SERVE AS EX OFFICIO MEMBERS OF THIS BOARD; TO PROVIDE THAT UNTIL REGULATIONS ARE PROMULGATED BY THIS BOARD, NURSING HOME ADMINISTRATORS SHALL MEET LICENSING STANDARDS AS PROVIDED FOR BY LAW PRIOR TO THE CREATION OF THIS BOARD AND THAT COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS MAY NOT BE LICENSED UNDER ACT 605 OF 1990; TO PROVIDE FOR A TEMPORARY FEE SCHEDULE FOR NURSING HOME ADMINISTRATORS AND TO REQUIRE COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS TO OBTAIN TEMPORARY LICENSES AND TO SET THE FEE FOR THIS TEMPORARY LICENSE.

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

H. 4498 -- Reps. Clyborne, L. Martin, Marchbanks and Hendricks: A BILL TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, TERM, AND TERRITORIAL JURISDICTION OF MAGISTRATES, SO AS TO PROVIDE THAT A MAGISTRATE FIRST APPOINTED IN 1993 AND THEREAFTER, WITHIN SIX MONTHS OF THE BEGINNING OF HIS TERM, SHALL COMPLETE A TRAINING PROGRAM AND PASS A CERTIFICATION EXAMINATION ESTABLISHED BY THE SOUTH CAROLINA SUPREME COURT, TO PROVIDE THAT A NEWLY APPOINTED MAGISTRATE MAY EXERCISE THE DUTIES OF HIS OFFICE PENDING CERTIFICATION BUT NOT FOR MORE THAN SIX MONTHS AND PROVIDE THAT WHEN THE EXAMINATION IS NOT TIMELY PASSED, THE OFFICE IS DECLARED VACANT ON THE EARLIER OF THE DATE THE TIME EXPIRES OR WHEN HE IS NOTIFIED OF HIS FAILURE, TO REQUIRE A MAGISTRATE APPOINTED BEFORE 1993 TO PASS THE CERTIFICATION EXAMINATION BEFORE HE MAY BE REAPPOINTED, TO EXEMPT A MAGISTRATE WHO PASSES THE CERTIFICATION EXAMINATION FROM ANY FURTHER EXAMINATIONS DURING HIS CONTINUOUS SERVICE, AND TO PROVIDE THAT UPON NOTICE BY THE SUPREME COURT OR ITS DESIGNEE TO THE MAGISTRATE AND THE GOVERNOR OF THE MAGISTRATE'S FAILURE TO PASS THE CERTIFICATION EXAMINATION, THE MAGISTRATE'S OFFICE IS DECLARED VACANT, THE MAGISTRATE DOES NOT HOLD OVER, AND THE GOVERNOR SHALL APPOINT A SUCCESSOR.

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

H. 4512 -- Reps. Chamblee, Waldrop, Shirley, Carnell, McAbee and Tucker: A BILL TO AMEND SECTION 14-7-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION FROM JURY SERVICE, SO AS TO PROVIDE THAT JURORS ARE EXCUSED UPON TELEPHONE CONFIRMATION OF EXEMPT STATUS.

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

H. 4519 -- Rep. G. Bailey: A BILL TO AMEND SECTION 56-9-351, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF LICENSE AND REGISTRATION AFTER AN ACCIDENT, SO AS TO DELETE PROVISIONS RELATING TO SUSPENSION OF DRIVER'S LICENSE.

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

H. 4549 -- Rep. Farr: A BILL TO AMEND SECTION 7-13-1371, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSTRUCTIONS FOR BALLOT CARDS WHICH ARE USED IN CONJUNCTION WITH OPTICAL SCANNING DEVICES, SO AS TO DELETE PROVISIONS WHICH REQUIRE A BALLOT CARD USED DURING A PRESIDENTIAL ELECTION OR PRIMARY TO BE DESIGNED SO THAT THE FRONT OF THE CARD CONTAINS ONLY THE INSTRUCTIONS FOR VOTING FOR PRESIDENT AND THE NAMES OF THE PRESIDENTIAL CANDIDATES.

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

H. 4567 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA COASTAL COUNCIL, RELATING TO MARINAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1405, 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. 4577 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1454, 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. 4580 -- Rep. Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-111-15 SO AS TO AUTHORIZE ANY STATE-SUPPORTED COLLEGE OR UNIVERSITY OR ANY STATE-SUPPORTED POST-HIGH SCHOOL VOCATIONAL OR TECHNICAL SCHOOL TO PROVIDE CERTAIN TUITION ASSISTANCE FOR ITS PERMANENT FACULTY AND STAFF.

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

H. 4582 -- Reps. Barber, Rama, Holt, Hallman, Fulmer and R. Young: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM ROAD #S10-1473 LOCATED IN CHARLESTON COUNTY.

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

H. 4603 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO DEFINITIONS OF TERMS AND REQUIREMENTS FOR OFFICIAL RECOGNITION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1453, 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. 4622 -- Rep. Stoddard: A BILL TO AMEND ACT 171 OF 1967, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS FIFTY-FIVE AND FIFTY-SIX AND THE ANNUAL OPERATING BUDGETS AND TAX LEVY THEREFOR, SO AS TO REVISE THE AUTHORIZED ANNUAL TAX LEVIES.

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

H. 4649 -- Reps. G. Bailey, A. Young and Wofford: A BILL TO AMEND ACT 536 OF 1986, AS AMENDED, RELATING TO DORCHESTER COUNTY SCHOOL DISTRICT 4 AND OTHER SCHOOL MATTERS OF THE COUNTY, SO AS TO ESTABLISH FIVE SINGLE-MEMBER DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF DORCHESTER COUNTY SCHOOL DISTRICT 4 MUST BE ELECTED IN 1992, DELETE REFERENCES TO THE DORCHESTER COUNTY LEGISLATIVE DELEGATION APPOINTING MEMBERS OF THE BOARD, PROVIDE A PROCEDURE FOR THE FILLING OF VACANCIES ON THE BOARD, DELETE THE REQUIREMENT FOR A CANDIDATE TO FILE A STATEMENT OF CANDIDACY AND INSTEAD REQUIRE A NOMINATING PETITION; AND DELETE PROVISIONS WHICH ESTABLISHED SINGLE-MEMBER DISTRICTS FOR MEMBERS OF THE BOARD OF TRUSTEES ELECTED IN 1988.

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

H. 4659 -- Reps. Townsend, P. Harris, Shirley, Chamblee and Cooper: A BILL TO AMEND ACT 509 OF 1982, AS AMENDED, RELATING TO THE BOARDS OF TRUSTEES OF ANDERSON COUNTY SCHOOL DISTRICTS, SO AS TO REVISE THE FOUR AREAS FROM WHICH THE TRUSTEES OF ANDERSON COUNTY SCHOOL DISTRICT NO. 2 ARE ELECTED.

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

H. 4653 -- Rep. Wilder: A BILL TO PROVIDE PAY FOR SERVICES RENDERED FOR MEMBERS OF THE WILLISTON SCHOOL DISTRICT 29 BOARD OF TRUSTEES IN BARNWELL COUNTY, AND TO REPEAL AN ACT OF 1992 BEARING RATIFICATION NUMBER 311 RELATING TO PROVIDING A PER DIEM ALLOWANCE FOR MEMBERS OF THE BOARD.

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

Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable report on:

S. 128 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-200 SO AS TO PROVIDE FOR THE OFFENSE OF TRANSPORTING AN ANIMAL UNDER INADEQUATE CONDITIONS AND IMPORTING OR EXPORTING A DOG OR CAT UNDER EIGHT WEEKS OF AGE WITHOUT ITS DAM AND PROVIDE PENALTIES.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a majority favorable with amendment and Senator LEVENTIS, a minority unfavorable report on:

S. 1327 -- Senator Williams: A BILL TO AMEND SECTION 48-48-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITS ON THE AMOUNT OF WASTE WHICH MAY BE DISPOSED OF AT THE BARNWELL FACILITY, TO EXTEND THE LIMIT ON THE AMOUNT OF WASTE WHICH MAY BE DISPOSED OF AT THE BARNWELL FACILITY TO TWELVE MILLION CUBIC FEET THROUGH JANUARY 1, 1996, NOT TO EXCEED ONE MILLION, TWO HUNDRED THOUSAND CUBIC FEET OF WASTE FOR A CALENDAR YEAR; TO AMEND SECTION 48-48-80, RELATING TO LEGISLATIVE AUTHORIZATION FOR CONTINUED OPERATION OF THE LOW-LEVEL WASTE DISPOSAL FACILITY LOCATED NEAR BARNWELL, SOUTH CAROLINA, SO AS TO AUTHORIZE THAT FACILITY TO CONTINUE TO SERVE AS THE REGIONAL DISPOSAL FACILITY FOR THE SOUTHEAST REGION UNTIL JANUARY 1, 1996; TO AMEND SECTION 48-48-90, RELATING TO THE CARRY-FORWARD OF UNUSED ANNUALIZED SITE CAPACITY, SO AS TO EXTEND THE CARRY-FORWARD PROVISION TO DECEMBER 31, 1995; TO AMEND SECTION 48-47-30(10), RELATING TO THE DEFINITION OF "REGIONAL FACILITY" IN THE SOUTHEAST COMPACT, SO AS TO CHANGE THAT DEFINITION TO AUTHORIZE THE BARNWELL FACILITY TO REMAIN THE REGIONAL FACILITY UNTIL JANUARY 1, 1996; AND TO DIRECT THE SOUTH CAROLINA REPRESENTATIVES TO THE SOUTHEAST COMPACT COMMISSION TO INITIATE NEGOTIATIONS BETWEEN THE COMPACT COMMISSION AND THE STATE OF NORTH CAROLINA REGARDING CONDITIONS AND SANCTIONS FOR ACCESS TO THE BARNWELL FACILITY.

Ordered for consideration tomorrow.

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

An invitation from Clemson University to attend a dinner at the Woman's Club on Tuesday, April 7, 1992, beginning at 6:00 P.M.

The invitation was accepted.

S. 220 -- Senator Mullinax: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-85 SO AS TO PROHIBIT A PERSON FROM OPERATING OR FLOATING A VESSEL HAVING A MARINE TOILET UNLESS IT DISCHARGES ONLY INTO A HOLDING TANK, DEFINE TERMS, REQUIRE CERTIFICATION OF THE DISCHARGE, AND PROVIDE PENALTIES.

The House returned the Bill with amendments.

On motion of Senator MULLINAX, 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.

Senator DRUMMOND asked unanimous consent to make a motion that the Senate vary the order of the day and proceed to a consideration of H. 3044 (General Appropriation Bill).

Senator DRUMMOND withdrew the unanimous consent request.

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. 4137 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-75-375 SO AS TO PROVIDE FOR PAYMENTS OF ASSESSMENTS OR INTEREST BY MEMBER COMPANIES TO THE WINDSTORM AND HAIL UNDERWRITING ASSOCIATION AND FOR PENALTIES; TO AMEND SECTION 38-75-370, RELATING TO DUTIES OF ASSOCIATION MEMBERS AND LIMITATION ON LIABILITY, SO AS TO AUTHORIZE THE ASSOCIATION TO RELY ON A MEMBER COMPANY'S ANNUAL STATEMENT IN DETERMINING PARTICIPATION IN PROFITS AND LOSSES AND PROVIDE REQUIREMENTS TO RECEIVE CREDIT FOR ESSENTIAL PROPERTY VOLUNTARILY WRITTEN IN THE COASTAL AREA; AND TO AMEND SECTION 38-75-410, RELATING TO APPEALS FROM ACTS, RULINGS, OR DECISIONS OF THE ASSOCIATION, SO AS TO PROVIDE FOR THE TIME OF APPEALS FOR CERTAIN ACTS.

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

H. 3197 -- Reps. J. Brown, Scott, Glover and Cato: A BILL TO REQUIRE CERTAIN SECURITY DEVICES FOR CERTAIN LEASED OR RENTED ROOMS, LODGINGS, AND ACCOMMODATIONS, TO MAKE THE VIOLATION OF THIS REQUIREMENT A MISDEMEANOR OFFENSE, TO PROVIDE PENALTIES, AND TO PROVIDE THAT EVERY INSTANCE IN WHICH THE REQUIRED SECURITY DEVICES ARE NOT PROVIDED CONSTITUTES A SEPARATE OFFENSE FOR THE PURPOSES OF PROSECUTION AND CONVICTION.

Senator LEATHERMAN explained the Bill.

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

S. 1441 -- Senators Reese, Russell and Courtney: A BILL TO AMEND SECTION 7-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO CHANGE THE NAMES OF THE PRECINCTS IN THE CITY OF SPARTANBURG.

(By prior motion of Senator REESE)

On motion of Senator DRUMMOND, with unanimous consent, the Senate agreed to vary the order of the day and proceed to a consideration of H. 3044 (the General Appropriation Bill).

THE SENATE PROCEEDED TO A CONSIDERATION OF H. 3044 (THE GENERAL APPROPRIATION BILL).

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

On motion of Senator DRUMMOND, with unanimous consent, amendments pertaining to the Barnwell disposal facility and Sunday sales would be the last amendments considered to the Bill.

Senator DRUMMOND spoke on the Bill.

Senator ROSE proposed the following Amendment No. 85 (CYY\19044.SD), which was withdrawn:

Amend the bill, as and if amended, DIVISION IV, SECTION 2, page 18, by adding after line 16:

/129.11 J. When an employee of the State shall use his or her personal automobile in traveling on necessary official business, a charge of 25.5 22.6 cents per mile will be allowed for the use of such automobile and the employee shall bear the expense of supplies and upkeep thereof. Whenever State-provided motor pool vehicles are reasonably available and an employee of the State shall request for his own benefit to use his or her personal vehicle in traveling on necessary official business, a charge of 24.5 21.6 cents per mile will be allocated for the use of such vehicle and the employee shall bear the expense of supplies and upkeep thereof. When such travel is by a State-owned automobile, the State shall bear the expense of supplies and upkeep thereof but no mileage will be allowed. Agencies and employees are directed to use State fueling facilities to the maximum extent possible, when such use is cost-beneficial to the State. When using commercial fueling facilities, operators of State-owned vehicles are directed to use self-service pumps. In traveling on the business of the State, employees are required to use the most economical mode of transportation, due consideration being given to urgency, schedules and like factors.

Mileage between an employee's home and his/her place of employment is not subject to reimbursement. However, when an employee leaves on a business trip directly from his/her home, and does not go by the employee's headquarters, the employee shall be eligible for reimbursement for actual mileage beginning at his/her residence./

Renumber paragraphs and sections to conform.

Amend totals and title to conform.

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

Senator J. VERNE SMITH spoke on the amendment.

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

On motion of Senator ROSE, with unanimous consent, the amendment was withdrawn.

At 1:00 P.M., Senator SETZLER asked unanimous consent to make a motion that at 1:10 P.M., no further amendments would be accepted at the desk, with the exception of balancing amendments, any perfecting amendments to the first degree, and any amendments which spend or reallocate monies; and, further, that once all funds were allocate, that all other amendments would be withdrawn.

Senator COURSON objected.

Having voted on the prevailing side, Senator McCONNELL moved to reconsider the vote whereby Amendment No. 77 (RES3044.84) was adopted on Thursday, April 2, 1992.

The motion to reconsider was adopted.

Senator McCONNELL moved to lay the amendment on the table.

The amendment was laid on the table.

Senator WASHINGTON proposed the following Amendment No. 14A (RES3044.87), which was tabled:

Amend the bill, as and if amended, page 21, DIVISION IV, after line 38, by inserting the following new SECTION:

/SECTION .(A) Section 12-36-2110(A) of the 1976 Code is amended to read:

"(A) The maximum tax imposed by this chapter is three seven hundred dollars for each sale made after June 30, 1984 July 1, 1992, or lease executed after August 31, 1985 July 1, 1992, of each: (1) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft; (2) motor vehicle; (3) motorcycle; (4) boat; (5) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710; (6) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or (7) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower. In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals three hundred dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days."

(B) Notwithstanding the effective date provisions of DIVISION V, this act takes effect July 1, 1992./

Renumber sections to conform.

Amend title to conform.

Senator WASHINGTON argued in favor of the adoption of the amendment and Senators PASSAILAIGUE and McCONNELL argued contra.

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

Senator HOLLAND spoke on the amendment.

At 1:51 P.M., Senator SETZLER asked unanimous consent, with Senator HOLLAND retaining the floor, to make a motion that at 2:05 P.M., no further amendments would be accepted at the desk, with the exception of balancing amendments, any perfecting amendments to the first degree, and any amendments which spend or reallocate monies; and, further, that once any funds were allocated, that all other amendments would be withdrawn.

Senator FIELDING objected.

Senator HOLLAND argued in favor of the adoption of the amendment and Senator ROSE argued contra.

Senator PATTERSON argued in favor of the adoption of the amendment and Senators THOMAS and SHEALY argued contra.

Senator GIESE spoke on the amendment.

Senator J. VERNE SMITH argued contra to the adoption of the amendment.

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

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

Bryan Cork Courson
Courtney Drummond Giese
Hayes, R.W. Helmly Hinson
Leatherman Leventis Macaulay
Martin Martschink McConnell
Moore Mullinax O'Dell
Passailaigue Peeler Rose
Russell Setzler Shealy
Smith, J.V. Thomas Williams
Wilson

Carmichael Fielding Hinds
Holland Land Lourie
Matthews McGill Patterson
Pope Reese Saleeby
Washington

Mitchell

The amendment was laid on the table.

At 3:00 P.M., Senator BRYAN requested and was granted a leave of absence from 5:30 P.M. today until 11:00 A.M. Tuesday.

At 3:00 P.M., Senator MITCHELL requested and was granted a leave of absence from 5:00 P.M. today until 12:00 Noon Tuesday.

At 3:00 P.M., Senator COURSON requested and was granted a leave of absence from 6:00 - 8:00 P.M. today.

At 3:00 P.M., Senator POPE requested and was granted a leave of absence from 4:00 P.M. today until 11:00 A.M. Tuesday.

At 3:00 P.M., Senator WILLIAMS requested and was granted a leave of absence from 4:15 P.M. today until 10:00 A.M. Tuesday.

Senator DRUMMOND spoke on the Bill.

At 3:10 P.M., Senator SETZLER asked unanimous consent to make a motion that at 3:30 P.M., no further amendments would be accepted at the desk, with the exception of balancing amendments, any perfecting amendments to the first degree, and any amendments which spend or reallocate monies, and, further, that once any funds were allocated, that all other amendments would be withdrawn.

Senator McCONNELL objected.

Senators POPE and BRYAN proposed the following Amendment No. 97 (JIC\6439.AC), which was tabled:

Amend the bill, as and if amended, page 32, after line 23, by adding an appropriately numbered SECTION to read:

/SECTION ___. A. Section 12-36-2110 of the 1976 Code is amended to read:

"Section 12-36-2110. (A) The maximum Notwithstanding the rate of the tax imposed by this chapter, the tax imposed by this chapter is three hundred dollars five percent on the first fifteen thousand dollars of gross proceeds, not to exceed three hundred dollars, plus five percent on the excess over fifteen thousand dollars, but not more than one thousand dollars total tax, for each on the sale made after June 30, 1984, or lease executed after August 31, 1985, of each:

(1) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;

(2) motor vehicle;

(3) motorcycle;

(4) boat;

(5) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710;

(6) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or

(7) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower.

In the case of a lease, the total tax rate required by law applies on each payment until the total tax is paid equals three hundred dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days."

B. The amendment to Section 12-36-2110 of the 1976 Code contained in subsection A of this section applies with respect to sales made or leases executed after June 30, 1992./

Renumber sections to conform.

Amend totals and title to conform.

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

Senator BRYAN moved that the amendment be adopted.

Senator J. VERNE SMITH spoke on the amendment.

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

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

Courson Courtney Drummond
Giese Hayes, R.W. Helmly
Leatherman Leventis Macaulay
Martschink McConnell Mullinax
O'Dell Passailaigue Peeler
Rose Russell Shealy
Smith, J.V. Thomas Wilson

Bryan Carmichael Cork
Fielding Hinds Holland
Land Lourie Martin
Matthews McGill Moore
Patterson Pope Reese
Saleeby Setzler Washington

Mitchell

The amendment was laid on the table.

At 3:30 P.M., Senator SETZLER asked unanimous consent to make a motion that at 3:45 P.M., no further amendments be accepted at the desk, with the exception of balancing amendments, any perfecting amendments to the first degree, and any amendments which spend or reallocate monies, and, further, that once all funds were allocated, that all other amendments be withdrawn.

Senator LAND objected.

Senators PASSAILAIGUE, J. VERNE SMITH, DRUMMOND, ROSE and LEVENTIS proposed the following Amendment No. 101 (JIC\6437.HC), which was adopted:

Amend the bill, as and if amended, page 32, after line 23, by adding an appropriately numbered SECTION to read:

/SECTION ___. Article 1, Chapter 9, Title 12 of the 1976 Code is amended by adding:

"Section 12-9-40. (A) Corporations making an `S' election under the Internal Revenue Code are required to withhold income taxes at a rate of five percent on a nonresident shareholder's share of taxable income of the corporation, whether distributed or undistributed, and pay the withheld amount to the commission in the manner prescribed by the commission. The corporation shall make a composite return and pay the tax on an annual basis for the taxable year beginning in 1992 and the return and tax is due on or before the fifteenth day of the third month following the close of the taxable year. For taxable years beginning after 1992, a quarterly composite return must be filed. This quarterly return is due on or before the last day of the month succeeding the end of the calendar quarter. All taxes in the name of the nonresident shareholder must be used as credit against taxes due at the time the nonresident files income taxes for the taxable year.

(B) An `S' corporation required to withhold taxes on distributed or undistributed shares shall make a composite return with each payment of tax to the commission disclosing on the return the total amounts paid or credited to nonresident shareholders, the tax withheld, and other information the commission requires. The `S' corporation shall also file an annual composite return within thirty days after the close of the fiscal year. The `S' corporation shall furnish to each nonresident shareholder a written statement as required by Section 12-9-610 as proof that the tax upon his share of distributed or undistributed income has been withheld.

(C) Partnerships exempt from tax under this chapter are required to withhold at a rate of five percent on a nonresident partner's distributed share of partnership income at the time the income is paid or credited to the nonresident partner. The partnership shall make a composite return and pay the tax on an annual basis for the taxable year beginning in 1992 and the return and tax are due on or before April 15, 1993. For taxable years beginning after 1992, a quarterly composite return must be filed. This quarterly return is due on or before the last day of the month succeeding the end of the calendar quarter. All taxes in the name of the nonresident partner must be used as credit against taxes due at the time the nonresident files income taxes for the taxable year.

(D) Partnerships required to withhold taxes on distributed shares shall make a composite return with each payment of tax to the commission disclosing on the return the total amounts paid or credited to nonresident partners, the tax withheld from nonresident partners, and other information the commission requires. The partnership shall also file an annual composite return within thirty days after the close of the calendar year. The partnership shall furnish to each nonresident partner a written statement as required by Section 12-9-610 as proof that the tax upon his share of partnership income has been withheld.

(E) (1) A nonresident `S' corporation shareholder or partner who demonstrates that he makes declaration payments to the commission may elect to be exempt from the provisions of this section.

(2) A nonresident `S' corporation shareholder or partner who is subject to withholding on the sale of real property by an `S' corporation or partnership pursuant to Article 6 of this chapter is exempt from withholding on income attributable to him derived from the sale."/

Renumber sections to conform.

Amend totals and title to conform.

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

Senator PASSAILAIGUE moved that the amendment be adopted.

The amendment was adopted.

Senator WILSON desired to be recorded as voting against the adoption of the amendment.

Senators PATTERSON and MATTHEWS proposed the following Amendment No. 102 (DKA\3814.JM), which was ruled out order:

Amend the bill, as and if amended, page 32, after line 23, by adding an appropriately numbered SECTION to read:

/SECTION ___. Item (8) of Section 12-36-2120 of the 1976 Code is repealed./

Renumber sections to conform.

Amend totals and title to conform.

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

Senator BRYAN spoke on the amendment.

Senator THOMAS argued contra to the adoption of the amendment.

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

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

Courson Courtney Drummond
Hinson Leatherman Leventis
McConnell O'Dell Pope
Rose Smith, J.V. Thomas
Wilson

Bryan Carmichael Cork
Fielding Giese Hayes, R.W.
Helmly Hinds Holland
Land Lourie Macaulay
Martin Matthews McGill
Moore Mullinax Patterson
Peeler Reese Russell
Saleeby Smith, N.W. Washington
Williams

Martschink Mitchell Shealy

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

The South Carolina Supreme Court held in Thayer v. S.C. Tax Commission, et al, (Opinion #23553) consistent with the ruling with the United States Supreme Court in Texas Monthly, Inc. v. Bullock, 489 U.S. 1, 109 S.Ct. 890, (1989) held that the sales tax exemption for religious publications found in Section 12-36-1210(8) is unconstitutional. To leave the remaining exemptions in subitem (8) intact stands to create a colorable claim that the remaining exemptions may be unconstitutional. Therefore, we believe the most prudent course is to remove these exemptions and thereby treat the taxation of all publications in the same fashion. By so doing, the Senate could provide for a fair application of the sales tax and provide additional revenue for programs which may otherwise be underfunded. To ignore the critical needs of our citizens and ignore the inequity of taxing religious publications and exempting other publications is manifestly unjust.

Senator McCONNELL argued contra to the adoption of the amendment.

Senator LEATHERMAN raised the Point of Order that the amendment was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase... new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act".

Senator FIELDING spoke on the Point of Order.

Senator LOURIE raised the Point of Order that the Point of Order raised by Senator LEATHERMAN came too late.

The PRESIDENT overruled the Point of Order.

Senator McCONNELL spoke on the Point of Order raised by Senator LEATHERMAN.

Senator MATTHEWS spoke on the Point of Order raised by Senator LEATHERMAN.

Senator HINDS spoke on the Point of Order raised by Senator LEATHERMAN.

Senator FIELDING spoke on the Point of Order raised by Senator LEATHERMAN.

Senator WASHINGTON spoke on the Point of Order raised by Senator LEATHERMAN.

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

At 4:30 P.M., Senator SETZLER asked unanimous consent to make a motion that at 4:40 P.M., no further amendments would be accepted at the desk, with the exception of balancing amendments, any perfecting amendments to the first degree, any amendments pertaining to the Barnwell disposal facility, and any amendments which spend or reallocate monies, and, further, that once all funds were allocated, that all other amendments would be withdrawn.

There was no objection.

At 4:45 P.M., Senator FIELDING requested and was granted a leave of absence from 5:00-11:00 P.M. tonight.

Senator ROSE proposed the following Amendment No. 104 (RES3044.53), which was adopted:

Amend the bill, as and if amended, page 25, after line 12, by inserting the following:

/124. Twenty thousand dollars of "C" funds allocated to Dorchester County may be expended to improve the appearance of the highway maintenance shed at the Dorchester Industrial Park./

Amend title to conform.

Senator ROSE argued in favor of the amendment.

Senator LEATHERMAN raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senator ROSE spoke on the Point of Order.

Senator McCONNELL spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

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

Senator ROSE moved that the amendment be adopted.

The amendment was adopted.

At 4:50 P.M., Senator MATTHEWS asked unanimous consent to make a motion to be granted leave to place one further amendment on the desk.

There was no objection.

Senator PASSAILAIGUE proposed the following Amendment No. 106 (RES3044.88), which was adopted:

Amend the bill, as and if amended, page 31, after line 23, DIVISION IV, by adding an appropriately numbered SECTION to read:

/SECTION . (A) The 1976 Code is amended by adding:

"Section . Notwithstanding any other provision of law to the contrary, no funds may be expended from the Insurance Reserve Fund or any other reserve fund to pay for legal fees or associated costs to defend any officer of the State, its agencies, or political subdivisions against any legal action under United States Code Section 1983 relating to redistricting of any governmental entity."

(B) Notwithstanding the effective date provisions of DIVISION V, this section takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

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

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senator LAND proposed the following Amendment No. 112A (LAND4.mkt), which was adopted:

Amend the bill, as and if amended, in Section 1 of Division III, page 4, line 40 by striking /(322,709)/ and inserting /(407,838)/.

Amend further, as and if amended, on line 42 by striking /948,963/ and inserting /1,034,092/.

Amend further, as and if amended, SECTION III of DIVISION IV, page 20, by adding after line 26 the following:

/10. Effective with the beginning of the new fiscal year, the Attorney General shall transfer $85,129 and 1.75 FTE's to the Commission on Prosecution Coordination for the purpose of establishing and permanently transferring the pre-trial intervention program to the Commission on Prosecution Coordination. The Attorney General's Office and the Commission on Prosecution Coordination shall implement the necessary equipment transfers to further carry out the intent of this provision./

Renumber sections to conform.

Amend title and totals to conform.

Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senator MACAULAY proposed the following Amendment No. 113 (RES3044.55), which was tabled:

Amend the bill, as and if amended, DIVISION IV, SECTION 3, page 21, after line 21, by adding a new proviso to read:

/14. . From funds appropriated for personal service, any agency may provide a one-time bonus to its employees subject to the approval of the Budget and Control Board. Such bonus shall not be considered a part of the employee's base salary and is not earnable compensation for purposes of employer or employee contributions to respective retirement systems./

Amend title to conform.

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

Senator SETZLER moved to lay the amendment on the table.

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

Bryan Drummond Giese
Land Leventis Lourie
Martschink Matthews McGill
Mitchell Moore Patterson
Setzler Shealy Smith, N.W.
Washington Wilson

Carmichael Cork Courson
Courtney Hayes, R.W. Helmly
Hinds Hinson Holland
Leatherman Macaulay Martin
McConnell Mullinax O'Dell
Passailaigue Peeler Reese
Rose Russell Saleeby
Smith, J.V. Thomas

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

Senator SETZLER argued contra to the adoption of the amendment.

At 5:30 P.M., Senator MARTIN requested and was granted a leave of absence from 6:00 P.M. today until Tuesday at 11:00 A.M.

At 5:30 P.M., Senator MATTHEWS requested and was granted a leave of absence from 5:45 P.M. today until Tuesday at 11:00 A.M.

Senator WASHINGTON asked unanimous consent, with Senator SETZLER retaining the floor, to make a motion that the Senate stand adjourned to reconvene at 10:00 A.M. on Tuesday, April 7, 1992.

Senator DRUMMOND objected.

At 5:30 P.M., Senator WASHINGTON requested and was granted a leave of absence from 5:45-11:00 P.M. tonight.

Senator DRUMMOND asked unanimous consent, with Senator SETZLER retaining the floor, to make a motion the Senate stand adjourned at 7:00 P.M. to reconvene at 10:00 A.M. on Tuesday, April 7, 1992.

Senator HOLLAND objected.

Senator SETZLER argued contra to the adoption of the amendment.

Senator PATTERSON argued contra to the adoption of the amendment.

Senator PATTERSON moved to lay the amendment on the table.

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

Courson Drummond Giese
Helmly Hinds Hinson
Holland Land Leatherman
Leventis Lourie Martin
Martschink McGill Moore
Mullinax O'Dell Passailaigue
Patterson Russell Saleeby
Setzler Smith, J.V. Smith, N.W.
Washington Wilson

Carmichael Cork Courtney
Hayes, R.W. Macaulay McConnell
Peeler Reese Rose
Thomas

The amendment was laid on the table.

Debate was interrupted by adjournment.

Senator DRUMMOND moved that when the Senate adjourns it stand adjourned to meet tomorrow, April 7, 1992 at 10:00 A.M., which motion was adopted.

MOTION ADOPTED
On motion of Senator PATTERSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Modjeska Monteith Simkins.

At 5:45 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 10:00 A.M.

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