Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:00 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 a word from the Book of Daniel (3:24):

"Then King Nebuchadnessar... said to his counselors,

`Did we not cast three men bound into the fire?'

`Look, I see four... '"
Let us pray.

O Thou, the God of Daniel... and our God... the Living God Eternally, whose power and concern for the affairs of mankind have been manifest in ancient days, we remember that the FOURTH MAN in the fiery furnace with Daniel was... as the scripture says, "like a son of the gods".

In our troubles... and fiery furnaces of human experience... we pray that You walk among us... and work with us. In this hour WE BESEECH THEE!

We confess that we have not always loved You with all our hearts, nor served You with all our strength.

Give us the physical stamina, the mental acumen, and the spiritual inspiration, to do today what we feel in our hearts we OUGHT to do.

We pray in the name of Daniel's God.

Amen.

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

Columbia, S.C., April 14, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Baxley, Beatty and Rudnick of the Committee of Conference on the part of the House on:
S. 554 -- Senator Pope: A BILL TO AMEND CHAPTER 5, TITLE 22, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATE'S POWERS AND DUTIES IN CRIMINAL MATTERS, BY ADDING ARTICLE 11 SO AS TO PROVIDE THAT A PERSON CONVICTED OF A FIRST OFFENSE WITHIN THE JURISDICTION OF MAGISTRATE'S COURT MAY HAVE HIS CRIMINAL RECORD FOR THIS OFFENSE EXPUNGED UNDER CERTAIN CONDITIONS.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., April 14, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4597 -- Rep. Fair: A CONCURRENT RESOLUTION "TO AUTHORIZE THE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE AND HOUSE CHAMBERS DECEMBER 3 AND 4, 1992, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM."
Very respectfully,
Speaker of the House

Received as information.

Senator MOORE introduced Dr. Robert T. Cutting of North Augusta, South Carolina, Doctor of the Day.

At 10:00 A.M., on motion of Senator FIELDING, Senator MATTHEWS was granted a leave of absence for today.

At 10:00 A.M., on motion of Senator MOORE, Senator NELL W. SMITH was granted a leave of absence for today.

At 10:45 A.M., on motion of Senator BRYAN, Senator SETZLER was granted a leave of absence for today.

H. 3448 -- Reps. J. Bailey, Barber, Whipper, D. Martin, R. Young and Gonzales: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE OVER THE COOPER RIVER BEING CONSTRUCTED AS PART OF THE MARK CLARK EXPRESSWAY IN CHARLESTON AS THE DON N. HOLT BRIDGE.

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

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

The following were introduced:

S. 1467 -- Senators Passailaigue, McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1273 SO AS TO PROVIDE A TEMPORARY STATE INCOME TAX CREDIT EQUAL TO TEN PERCENT OF THE QUALIFIED WAGES PAID TO A PERSON WHO WAS TERMINATED FROM EMPLOYMENT AS A RESULT OF THE CLOSING OR REALIGNMENT OF A FEDERAL MILITARY INSTALLATION AND TO PROVIDE DEFINITIONS.

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

S. 1468 -- Senator Washington: A BILL TO AMEND SECTION 50-9-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POINT SYSTEM USED BY THE WILDLIFE AND MARINE RESOURCES DEPARTMENT IN SUSPENDING HUNTING AND FISHING PRIVILEGES, SO AS TO CHANGE THE REFERENCE TO ANTLERLESS DEER TO DEER; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO CHANGE THE REFERENCE TO ANTLERED DEER TO DEER; TO AMEND SECTION 50-11-335, RELATING TO THE BAG LIMIT ON DEER, SO AS TO CHANGE THE LIMIT TO FOUR ANTLERED DEER A SEASON IN ALL GAME ZONES AND PROVIDE FOR NO BAG LIMIT ON ANTLERLESS DEER; TO AMEND SECTION 50-11-410, RELATING TO THE PROHIBITIONS PERTAINING TO ANTLERLESS DEER, SO AS TO DELETE THE PROHIBITIONS; AND TO REPEAL SECTION 50-11-390, RELATING TO THE SEASON, BAG LIMITS, AND METHODS OF TAKING AND HUNTING ANTLERLESS DEER.

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

S. 1469 -- Senator Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-25-195 SO AS TO PROHIBIT THE REMOVAL OF LAWFUL SIGNS IN VIEW OF AN INTERSTATE OR FEDERAL-AID PRIMARY HIGHWAY WITHOUT PAYING JUST COMPENSATION; AND TO AMEND SECTION 57-25-140, RELATING TO OUTDOOR ADVERTISING SIGNS PERMITTED ALONG INTERSTATE OR FEDERAL-AID PRIMARY HIGHWAYS, SO AS TO PROVIDE REQUIREMENTS FOR SIGNS LOCATED ON EITHER SIDE OF A FEDERAL-AID PRIMARY ROUTE WITHIN FIVE HUNDRED FEET OF AN INTERCHANGE.

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

S. 1470 -- Senator Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-25-175 SO AS TO PROVIDE FOR THE NUMBER OF BUSINESS SIGNS WHICH MAY BE DISPLAYED ON PANELS ON HIGHWAYS IN RURAL AREAS.

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

S. 1471 -- Senators Pope, Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 27, 1992, AT 12:00 NOON AS THE TIME FOR ELECTING SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1995, AND JUNE 30, 1997; AND TO ELECT SUCCESSORS FOR CERTAIN JUDGES OF THE FAMILY COURT WHOSE TERMS EXPIRE JUNE 30, 1992, AND JUNE 30, 1995.

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

H. 4745 -- Reps. Cobb-Hunter, Haskins, Glover, Bennett, Kennedy, Inabinett, Byrd, Taylor, Council, Shissias, Kirsh, Wells, Canty, Beatty, K. Burch and Felder: A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN AND WOMEN WHO HAVE DIED ON THE JOB BY DECLARING APRIL 28, 1992, "WORKERS MEMORIAL DAY".

Whereas, the working men and women of South Carolina have helped to build this State and keep the state's economy strong; and

Whereas, many workers die with little attention each year while performing their jobs, others die as the result of occupational diseases contracted or aggravated on the job, and thousands more are disabled or injured on the job; and

Whereas, in fiscal year 1991, forty-seven workers died in South Carolina while working from causes as varied as electrocution, falls, and being struck by objects; and

Whereas, when these workers died they left behind families that had loved and depended on them; and

Whereas, while the need for strong safety and health protections, strong standards of enforcement, and fair and just compensation for such deaths and injuries continues, these fallen workers, and others before them, must not be forgotten. Now, therefore,

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

That April 28, 1992, be commemorated as "Workers Memorial Day" in tribute to those workers who have lost their lives because of workplace injuries and illnesses.

Referred to the Committee on Invitations.

Senator DRUMMOND, from the Committee on Finance, submitted a favorable with amendment report on:

S. 884 -- Senator McConnell: A BILL TO AMEND SECTION 11-35-3020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSTRUCTION PROCUREMENT PROCEDURES UNDER THE CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE PROVISIONS AND LANGUAGE AND TO ADD PROVISIONS EFFECTING CHANGES IN THE REQUIREMENTS FOR LISTING AND SUBSTITUTING SUBCONTRACTORS.

Ordered for consideration tomorrow.

Senator DRUMMOND, from the Committee on Finance, submitted a favorable report on:

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

Ordered for consideration tomorrow.

Senator DRUMMOND, from the Committee on Finance, submitted a favorable report on:

S. 1323 -- Senator Drummond: A BILL TO AMEND SECTION 4-10-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION, COLLECTION, AND REVENUE DISTRIBUTION OF THE LOCAL SALES AND USE TAX, SO AS TO DELAY THE IMPOSITION DATE FROM MAY FIRST TO JUNE FIRST FOLLOWING APPROVAL AND TO DELETE AN OBSOLETE PROVISION.

Ordered for consideration tomorrow.

Senator DRUMMOND, from the Committee on Finance, submitted a favorable with amendment report on:

S. 1388 -- Senator Land: A BILL TO AMEND SECTION 4-9-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS OF THE ANNUAL AUDIT OF THE OFFICES OF COUNTY ASSESSOR, AUDITOR, TREASURER, AND TAX COLLECTOR, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION ARE APPLICABLE FOR TAX YEARS BEGINNING AFTER DECEMBER 31, 1992; TO AMEND SECTION 12-4-310, AS AMENDED, RELATING TO MANDATED POWERS AND DUTIES OF THE TAX COMMISSION, SO AS TO PROVIDE FOR DISCLOSURE OF NET TAXABLE SALES TO AUTHORITIES OF A COUNTY OR MUNICIPALITY; TO AMEND SECTION 12-4-730, RELATING TO DECLARATION AND CERTIFICATION OF EXEMPTIONS AND VOIDING OF TAX NOTICES BY AUDITORS, SO AS TO CHANGE CERTAIN REFERENCES IN THE SECTION; TO AMEND SECTION 12-7-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE INCOME TAX, SO AS TO REVISE THE REFERENCE DATE IN THE DEFINITION OF "INTERNAL REVENUE CODE"; TO AMEND SECTION 12-7-640, RELATING TO NET INCOME OF PUBLIC SERVICES CORPORATIONS, SO AS TO PROVIDE FOR THE APPORTIONMENT OF INCOME DERIVED FROM THE OPERATION OF A SHIPPING LINE; TO AMEND SECTIONS 12-7-1510, 12-7-1640, AS AMENDED, 12-19-20, AS AMENDED, 12-19-150, 33-31-50, AND 33-35-50, RELATING TO PERSONS REQUIRED TO FILE TAX RETURNS, SO AS TO ELIMINATE THE FILING REQUIREMENTS OF EXEMPT ORGANIZATIONS EXCEPT WHERE TAX ON UNRELATED BUSINESS INCOME IS DUE; TO REPEAL SECTION 33-35-150, RELATING TO ANNUAL REPORTS OF CERTAIN NONPROFIT CORPORATIONS; TO AMEND SECTION 12-7-1675, AS AMENDED, RELATING TO FAILURE TO FILE TAX RETURNS, SO AS TO ALLOW THE COMMISSION TO ISSUE ASSESSMENTS AGAINST CORPORATIONS THAT HAVE BEEN ADMINISTRATIVELY DISSOLVED YET CONTINUE TO FILE RETURNS; TO AMEND SECTIONS 12-7-1680, 12-9-670, AND 12-54-240, AS AMENDED, RELATING TO COLLECTION AND ENFORCEMENT PROCEDURES, SO AS TO CHANGE THE RECORDS RETENTION SCHEDULES TO SIX YEARS; TO AMEND SECTIONS 12-7-2415 AND 12-7-2416, RELATING TO TAX CHECK-OFFS FOR WILDLIFE AND THE CHILDREN'S TRUST FUND RESPECTIVELY, SO AS TO RESTRICT SUCH CHECK-OFFS TO INDIVIDUAL INCOME TAX RETURNS ONLY; TO AMEND SECTION 12-9-310, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO FURTHER PROVIDE FOR EXEMPTIONS FROM THE WITHHOLDING REQUIREMENTS; TO AMEND SECTION 12-9-420, RELATING TO THE LIABILITY OF A WITHHOLDING AGENT FOR FAILING TO WITHHOLD OR PAY THE TAX DUE, SO AS TO DEFINE WITHHOLDING AGENT; TO AMEND SECTION 12-16-20, RELATING TO THE ESTATE TAX, SO AS TO REVISE THE REFERENCE DATE IN THE DEFINITION OF "INTERNAL REVENUE CODE"; TO AMEND THE 1976 CODE, BY ADDING SECTION 12-21-2575 SO AS TO ALLOW FOR OTHER METHODS OF ACCOUNTING FOR ADMISSIONS OTHER THAN TICKETS; TO AMEND SECTION 12-21-2720, AS AMENDED, RELATING TO LICENSES FOR COIN-OPERATED DEVICES OR MACHINES, SO AS TO EXEMPT FROM THE COIN OPERATED DEVICE LICENSES AND TAXES CERTAIN MACHINES SUBJECT TO THE ADMISSIONS TAX; TO AMEND SECTION 12-31-420, RELATING TO CALCULATING THE AMOUNT OF FUEL USED BY A MOTOR CARRIER, SO AS TO REVISE THE METHOD OF CALCULATING AMOUNTS OF FUEL USED; TO AMEND SECTIONS 12-36-120, 12-36-910, 12-36-920, 12-36-930, 12-36-2120, AS AMENDED, 12-36-2560, AND 12-36-2650, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO MAKE TECHNICAL CORRECTIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-36-560, 12-36-570, 12-36-1730, 12-36-1740, 12-36-2660, AND 12-36-2670, SO AS TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS RELATING TO RETAIL LICENSES AND THE CASUAL EXCISE TAX, TO PROVIDE FOR ENFORCEMENT, AND AUTHORIZE THE MEMBERS OF THE TAX COMMISSION OR THEIR DESIGNEES TO ADMINISTER OATHS OR TAKE ACKNOWLEDGMENTS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM AD VALOREM TAXATION, SO AS TO PROVIDE THAT THE TAX COMMISSION IS NOT REQUIRED TO USE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S RECOMMENDATIONS WHEN VALUATING POLLUTION CONTROL PROPERTY, TO REQUIRE CERTAIN NOTIFICATION TO THE TAX COMMISSION RATHER THAN THE COUNTY AUDITOR, TO DEFINE NONPROFIT HOUSING CORPORATIONS AND ENSURE THAT PROPERTY IS USED EXCLUSIVELY FOR THE ELDERLY AND HANDICAPPED, AND TO EXEMPT ALL INVENTORY FROM THE TAX EFFECTIVE AS OF A SPECIFIED DATE; TO AMEND SECTION 12-37-2650, AS AMENDED, RELATING TO ISSUANCE OF TAX NOTICES FOR VEHICLES, SO AS TO INFORM TAXPAYERS OF THEIR APPEAL RIGHTS WHEN THEIR PERSONAL PROPERTY IS ASSESSED BY THE COUNTY AUDITOR IN ACCORDANCE WITH TAX COMMISSION REGULATIONS; TO AMEND SECTION 12-39-180, RELATING TO PROPERTY TAX, SO AS TO PROVIDE FOR A UNIFORM MINIMAL ASSESSMENT; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CLASSIFICATION OF PROPERTY AND ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAXES, SO AS TO EXTEND THE TIME FOR FILING FOR THE FOUR PERCENT RATIO APPLICABLE TO AN OWNER-OCCUPIED LEGAL RESIDENCE FROM MAY FIRST OF THE FIRST TAX YEAR FOR WHICH THE ASSESSMENT IS CLAIMED TO ANY TIME BEFORE THE FIRST PENALTY DATE FOR TAXES DUE FOR THE FIRST TAX YEAR FOR WHICH THE ASSESSMENT IS CLAIMED, TO REVISE THE DATE FOR THE PUBLISHING OF NOTICES, AND TO MAKE THE EXTENDED DATE APPLY FOR TAX YEARS BEGINNING AFTER 1990; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-335 SO AS TO PROVIDE FOR THE MANNER IN WHICH THE COMMISSION SHALL ASSESS THE PROPERTY OF MERCHANTS AND RELATED BUSINESSES; TO AMEND SECTION 12-47-70, AS AMENDED, RELATING TO THE ABATEMENT OR REFUND OF INCURRED PROPERTY TAXES, SO AS TO PROVIDE A REFUND PERIOD OF THREE YEARS FROM THE DATE THE TAXES COULD HAVE BEEN PAID WITHOUT A LATE PAYMENT PENALTY; TO AMEND SECTION 12-54-80, AS AMENDED, RELATING TO COLLECTION AND ENFORCEMENT PROCEDURES, SO AS TO REVISE THE MANNER IN WHICH THE SIX-YEAR STATUTE OF LIMITATIONS FOR UNDERREPORTED TAXES MAY BE ADMINISTERED; TO AMEND SECTION 12-54-225, RELATING TO THE AUTHORITY OF THE COMMISSION TO ENTER INTO AGREEMENTS WITH OTHER STATES FOR THE MUTUAL EXCHANGE OF TAX INFORMATION, SO AS TO MAKE IT POSSIBLE FOR THE COMMISSION TO COMPLY WITH THE LAW IF INFORMATION EXCHANGED WITH OTHER STATES IS MISUSED; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO DISCLOSURE OF RECORDS OF AND REPORTS AND RETURNS FILED WITH THE TAX COMMISSION BY EMPLOYEES AND AGENTS OF THE COMMISSION AND STATE AUDITOR'S OFFICE PROHIBITED, SO AS TO PROVIDE FOR CERTAIN ADDITIONAL EXCEPTIONS; TO AMEND SECTION 12-54-420, AS AMENDED, RELATING TO THE SETOFF DEBT COLLECTION ACT, SO AS TO ALLOW POLITICAL SUBDIVISIONS TO PARTICIPATE; TO AMEND SECTION 27-18-20, RELATING TO CHECKS OR DRAFTS MAILED TO AN OWNER AND RETURNED UNDELIVERABLE OR NOT PRESENTED FOR PAYMENT, SO AS TO DEFINE UNCLAIMED PROPERTY FOR PURPOSES OF THE SECTION; TO REPEAL SECTION 11-5-110, RELATING TO THE WRITING-OFF OF UNPAID CHECKS BY THE STATE TREASURER; TO AMEND SECTION 33-15-300, RELATING TO EQUAL TREATMENT FOR FOREIGN AND DOMESTIC CORPORATIONS FOR ADMINISTRATIVE CLOSINGS, SO AS TO INCLUDE FAILURE TO PAY INCOME TAXES AS A REASON FOR A CORPORATION TO BE DISSOLVED; TO AMEND SECTION 40-60-30, RELATING TO REAL ESTATE APPRAISERS, SO AS TO PROHIBIT STATE REGISTERED REAL ESTATE AGENTS FROM PERFORMING APPRAISALS FOR AD VALOREM TAX OR ESTATE TAX APPRAISALS; TO AMEND SECTION 40-60-50, RELATING TO THE SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD, SO AS TO PROVIDE THAT ONE MEMBER MUST BE AN EMPLOYEE OF A STATE AGENCY EMPLOYING PERSONS REQUIRED TO BE LICENSED OR CERTIFIED PURSUANT TO CHAPTER 60 OF TITLE 40; 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 BINGO REVENUE MUST BE DISTRIBUTED; AND TO PROVIDE THAT FOR THE CALENDAR YEAR OF 1992, PERSONNEL FROM THE ASSESSOR'S OFFICE AND THE PROPERTY DIVISION WILL NOT BE REQUIRED TO ATTEND PRESCRIBED COURSES THE CALENDAR YEAR OF 1992 IF THEY HAVE TAKEN AT LEAST TWO REQUIRED COURSES DURING THE 1991 CALENDAR YEAR.

Ordered for consideration tomorrow.

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

S. 1426 -- Senator Stilwell: A BILL TO AMEND SECTION 14-7-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRAND JURIES, SO AS TO PROVIDE FOR THE GRAND JURY TO OBTAIN ATTENDANCE OF WITNESSES AS PROVIDED BY THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

Senator DRUMMOND, from the Committee on Finance, submitted a favorable report on:

S. 1462 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-385 SO AS TO IMPOSE AN ADDITIONAL DOCUMENTARY STAMP TAX ON DEEDS CONVEYING REAL ESTATE EQUAL TO TEN CENTS FOR EACH FIVE HUNDRED DOLLARS OR FRACTION OF FIVE HUNDRED DOLLARS OF THE VALUE OF THE PROPERTY AND TO PROVIDE THAT THE REVENUE FROM THE ADDITIONAL TAX MUST BE CREDITED TO THE HERITAGE LAND TRUST FUND.

Ordered for consideration tomorrow.

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

H. 3630 -- Rep. Hodges: A BILL TO AMEND SECTION 33-16-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A CORPORATION IS REQUIRED TO REPORT TO SHAREHOLDERS SHARES ISSUED FOR PROMISSORY NOTES OR FOR PROMISES TO RENDER SERVICES IN THE FUTURE, SO AS TO EXEMPT A CORPORATION THAT IS SUBJECT TO THE REPORT REQUIREMENTS OF THE SECURITIES AND EXCHANGE ACT OF 1934, IF THE SHARES ARE ISSUED PURSUANT TO A PLAN THAT HAS BEEN APPROVED BY THE SHAREHOLDERS OF THE CORPORATION.

Ordered for consideration tomorrow.

Senator DRUMMOND, from the Committee on Finance, submitted a favorable with amendment report on:

H. 3685 -- Reps. J. Williams, Klapman and Wofford: A BILL TO AMEND SECTION 12-49-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTICE OF SALE TO MORTGAGEES OR ASSIGNEES, SO AS TO PROVIDE THAT THE NOTICE MAY BE SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED-DELIVER TO ADDRESSEE ONLY, AND TO MAKE GRAMMATICAL CORRECTIONS.

Ordered for consideration tomorrow.

Senator DRUMMOND, from the Committee on Finance, submitted a favorable report on:

H. 3829 -- Reps. Boan, P. Harris, Harwell, Keegan, Nettles, Scott, Tucker, Wilkins, Kinon, L. Elliott and Houck: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 5 IN TITLE 48, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ENACTING THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT SO AS TO CREATE THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY; TO PROVIDE FOR THE POWERS OF THE AUTHORITY; TO AUTHORIZE THE ESTABLISHMENT BY THE AUTHORITY OF A REVOLVING FUND FOR THE PURPOSE OF MAKING LOANS TO PROJECT SPONSORS FOR THE FINANCING OF WASTEWATER TREATMENT FACILITIES AND OTHER CLEAN WATER PROJECTS; TO AUTHORIZE THE AUTHORITY TO ISSUE BONDS FOR THE PURPOSE OF PROVIDING FUNDS FOR DEPOSIT TO THE REVOLVING FUND; TO PROVIDE FOR THE METHOD OF ISSUANCE AND SECURING OF THE BONDS AND THE PAYMENT; TO AUTHORIZE THE DEPOSIT IN THE REVOLVING FUND OF FEDERAL GRANTS, STATE APPROPRIATIONS, LOAN REPAYMENTS, AND OTHER AMOUNTS AVAILABLE TO THE AUTHORITY; TO AUTHORIZE THE MAKING OF LOANS BY THE AUTHORITY TO PROJECT SPONSORS AND THE BORROWING BY PROJECT SPONSORS FROM THE AUTHORITY; AND TO REPEAL CHAPTER 6 OF TITLE 48, RELATING TO THE WATER POLLUTION REVOLVING FUND.

Ordered for consideration tomorrow.

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

H. 4117 -- Rep. Kirsh: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 17, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES, SO AS TO AUTHORIZE THE SUPREME COURT, AFTER HEARING, TO REMOVE ANY JUDGE FROM OFFICE UPON A FINDING OF MISCONDUCT IN OFFICE.

Ordered for consideration tomorrow.

Senator DRUMMOND, from the Committee on Finance, submitted a favorable report on:

H. 4260 -- Rep. Keyserling: A JOINT RESOLUTION TO ALLOW PROFESSIONAL AND OCCUPATIONAL LICENSING AGENCIES (POLA'S) TO ESTABLISH SPECIAL COMPTROLLER GENERAL ACCOUNTS FOR THE CREDITING OF TEST FEES RECEIVED IN EXCESS OF AMOUNTS APPROPRIATED TO THESE AGENCIES BEFORE JULY 1, 1992, FOR TEST EXPENSES, TO PROVIDE THAT FUNDS CREDITED TO THESE ACCOUNTS MAY BE USED ONLY TO PAY TEST EXPENSES, TO REQUIRE ACCOUNT BALANCES AT THE END OF A FISCAL YEAR TO BE REMITTED TO THE GENERAL FUND OF THE STATE, AND TO PROVIDE THE PROCEDURES FOR ESTABLISHING AND EXPENDING FUNDS FROM THESE ACCOUNTS.

Ordered for consideration tomorrow.

Senator DRUMMOND, from the Committee on Finance, submitted a favorable report on:

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

Ordered for consideration tomorrow.

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

H. 4508 -- Reps. Carnell and McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-1-110 SO AS TO REQUIRE THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO ACCEPT CHECKS IN PAYMENT OF THE FEES DUE FOR ANY LICENSE OR PERMIT IT ISSUES AND TO PROVIDE THAT IF A CHECK IS DISHONORED FOR ANY REASON, THIS CONSTITUTES GROUNDS FOR THE COMMISSION TO REVOKE THE LICENSE OR PERMIT ISSUED AND TO REQUIRE ANY FURTHER PAYMENTS FROM THAT APPLICANT TO BE IN CASH OR BY CERTIFIED CHECK.

Ordered for consideration tomorrow.

S. 383 -- Senator Moore: A BILL TO AMEND SECTION 6-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNING BODY OF ANY COUNTY TO ESTABLISH A UNIFORM ELECTION DATE FOR THE ELECTION OF MEMBERS OF THE GOVERNING BODIES OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY, SO AS TO AUTHORIZE THE GOVERNING BODY OF ANY COUNTY TO ESTABLISH BY ORDINANCE OR RESOLUTION THE MINIMUM NUMBER OF SIGNATURES NECESSARY ON A PETITION TO HAVE A CANDIDATE'S NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY.

The House returned the Bill with amendments.

Senator MOORE explained the amendment.

On motion of Senator MOORE, 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.

H. 3044 -- Reps. P. Harris, Waldrop and Whipper: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1992, AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF THE APPROPRIATED FUNDS; TO PROVIDE FURTHER FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO SUSPEND THE NURSING HOME BED FEE IMPOSED PURSUANT TO SECTION 44-7-84 OF THE 1976 CODE AND THE MEDICAID MEDICALLY NEEDY PROGRAM PURSUANT TO SECTION 44-6-155 OF THE 1976 CODE DURING FISCAL YEAR 1992-93; TO REDUCE THE MAXIMUM DISCOUNT ALLOWED FOR THE TIMELY PAYMENT OF SALES TAX FROM TEN THOUSAND TO THREE THOUSAND DOLLARS DURING FISCAL YEAR 1992-93; AND TO EXTEND FOR THE 1992 TAXABLE YEAR ONLY THE PROVISIONS OF THE INCOME TAX CREDIT ALLOWED FOR A PORTION OF THE PAYMENT TO A SKILLED OR INTERMEDIATE CARE NURSING HOME TO AN INSTITUTION PROVIDING NURSING FACILITY LEVEL CARE OR FOR PAYMENTS TO AN IN-HOME OR COMMUNITY CARE PROVIDER CERTIFIED BY A LICENSED PHYSICIAN TO MEET THE NURSING FACILITY LEVEL OF CARE.

The House returned the Bill with amendments.

On motion of Senator DRUMMOND, the Senate non-concurred in the House amendments, and a message was sent to the House accordingly.

S. 1418 -- Senator Pope: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES AND THE FRONT STEPS OF THE STATE HOUSE ON FRIDAY, JUNE 19, 1992, FOR ITS ANNUAL LEGISLATIVE DAY ACTIVITY.

Returned with concurrence.

Received as information.

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. 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.

(By prior motion of Senator DRUMMOND)

H. 3632 -- Rep. Hodges: A BILL TO AMEND SECTION 33-6-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION THAT SHARES MAY BE ISSUED BY THE BOARD OF DIRECTORS OF A CORPORATION, SO AS TO DELETE THE REQUIREMENT THAT SHARES MUST BE PLACED IN ESCROW IF ISSUED FOR A CONTRACT FOR FUTURE SERVICES SO AS TO MAKE THIS OPTIONAL.

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

Senator WILLIAMS proposed the following amendment (JUD3632.001), which was adopted:

Amend the bill, as and if amended, page 2, Section 33-6-210, as contained in SECTION 2, by striking lines 1 through 10 and inserting therein:

/"(f) A corporation subject to the reporting requirements of Section 12 of the Securities Exchange Act of 1934 may issue shares for a contract for future services without having to place the shares and share dividends and distributions in respect of the shares in escrow and without having to credit distributions against their purchase price if the shares are issued or authorized pursuant to a plan that has been approved by the shareholders of the corporation."/

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.

H. 3875 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-618, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERS CLOSED TO TRAWLING, SO AS TO CLARIFY THE PRECEDENCE OF THE SECTION.

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

Senator CORK proposed the following amendment (BBM\9969.JM), which was adopted:

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

/SECTION . Section 50-17-610 of the 1976 Code is amended to read:

"Section 50-17-610. It is lawful to trawl for shrimp or prawn seaward from the boundary described in this section from May fifteenth to December thirty-first, both inclusive: Beginning at a point on the west bank of Wright River at its entrance to the sea extending northeastward across the mouth of the river to the southernmost tip of Turtle Island; thence following the shoreline of Turtle Island to a point on the northeasternmost tip of Turtle Island; thence turning and running east in a line tangent to the southernmost tip of Bloody Point; thence turning and running northeasterly along Daufuskie Island to a proposed marker (SC 1), latitude 32 degrees 07.1'N. and longitude 80 degrees 50.4'W.; thence running east across Caliboque Sound to a proposed marker (SC 2), latitude 32 degrees 07.1'N. and longitude 80 degrees 49.6'W.; thence northeasterly and continuing along the shoreline of Hilton Head Island around to its northernmost point and continuing therefrom to a flashing light marker designated on National Ocean Survey chart 11513 as FL R 4 sec "6" G "5" and thence to FL 2.5 sec "3" at the northern tip of Hilton Head Island marker R "4", thence running easterly through bell buoy No. R "2", thence continuing to red-lighted gong buoy red can No. "26"; thence to black day marker No. A-19 to the mouth of Station Creek; thence seaward around Bay Point Island to a proposed marker (SC 3) at latitude 32 degrees 16.9'N. and longitude 80 degrees 35.2'W.; thence running eastward across Trenchards Inlet to a proposed marker (SC 4) at latitude 32 degrees 16.9'N. and longitude 80 degrees 34.7'W.; thence turning seaward and following the shoreline, but excluding all creeks, to a point at the northernmost point of Fripp Island at Fripp Inlet; thence turning and running true north to the shoreline of Hunting Island; thence along the seaward edge of Hunting Island across the mouth of Johnson Creek to a point at the northernmost part upon the island; thence following the shoreline of Hunting Island to the Highway 21 Bridge crossing Harbor River; thence from the center of the swing span of the Highway 21 Bridge in a northeasterly direction to Marker A6; thence continuing to the flashing range light on the Combahee Bank; thence to a proposed marker (SC 5) on the west of Otter Island at latitude 32 degrees 29.1'N., and longitude 80 degrees 25.2'W.; thence seaward along the shoreline of Otter Island to a point at the mouth of Jefford and Fish Creek on the southern tip of Otter Island opposite Pine Island; thence turning and running in a southeasterly direction to the southernmost tip of Bay Point on Edisto Island; thence along the shoreline of Edisto Island, excluding all creeks, to a point on the western bank of the North Edisto River; thence due east across the North Edisto River to a point at the southwesternmost tip of Seabrook Island; thence seaward to the shoreline of Seabrook and Kiawah Islands, excluding all inlets, to Sandy Point; thence in a northerly direction to the southwesternmost tip of Folly Island; thence along Folly Island, across Lighthouse Inlet and along the seaward side of Morris Island to a point at Cummings Point where the jetty meets the beach; thence in an easterly direction following the submerged jetty to the point where the emergent portion of the south jetty begins; thence in a northeasterly direction across the Charleston Harbor entrance channel to a point where the emergent portion of the north jetty begins; thence in a northwesterly direction following the submerged portion of the north jetty to a point on Sullivans Island where the jetty intersects the beach; thence along Sullivans Island, the Isle of Palms, Dewees Island, Capers Island, and Bull Island; excluding all creeks, to a point at the northernmost tip of Bull Island; thence in a straight line northeasterly to the westernmost tip of Sandy Point; thence seaward along Raccoon Key to its easternmost tip; thence southeasterly to round the seaward side of Cape Romain and northward along the seaward shore of Cape Island to a point on the northernmost tip of such island; thence turning and running in a northwesterly direction to a point on the southeasternmost bank of Alligator Creek; thence turning and running in a northeasterly direction across Alligator Creek to a point on its northeastern bank; thence turning seaward and running along the shoreline of Murphy Island to a point on the western bank of the Santee River and across the mouth thereof to a point on the southwestern tip of Cedar Island; thence along Cedar Island across the mouth of the North Santee Bay to Santee Point; thence along the seaward shore of South Island to the northernmost point on the easternmost peninsula of the island; thence in a straight line to nun buoy 2 N.; thence turning and running in a northwesterly direction following the north jetty to the southernmost tip of North Island; thence northeasterly following the shoreline to the North Carolina-South Carolina boundaries, excluding all inlets."/

Amend title to conform.

Senator CORK explained the amendment.

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

H. 3409 -- Reps. Gregory, Kirsh, Wilkins, Short, Nettles and J. Brown: A BILL TO AMEND SECTION 12-27-1270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO PROVIDE FOR THE ACCOUNT TO BE REPLENISHED BASED ON FUNDS OBLIGATED OR COMMITTED BY THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT IN THE PREVIOUS YEAR, DELETE THE LIMITATION ON THE AMOUNT OF THE ACCOUNT, AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 13-3-20, RELATING TO THE OBJECTIVES OF THE STATE DEVELOPMENT BOARD, SO AS TO DELETE THE REFERENCE TO A STATEWIDE PLANNING PROGRAM; TO AMEND SECTION 13-3-90, RELATING TO THE DUTIES AND POWERS OF THE STATE DEVELOPMENT BOARD, SO AS TO DELETE THE PROVISION FOR A MASTER PLAN FOR AGENCIES TO CONSIDER CERTAIN STATE NEEDS AND DELETE THE REFERENCE TO A STATE PLANNING PROGRAM; TO AMEND SECTION 41-45-20, RELATING TO MEETINGS AND DUTIES OF THE COUNCIL, SO AS TO PROVIDE FOR AND DEFINE A STRATEGIC PLAN FOR ECONOMIC DEVELOPMENT AND REVISE DUTIES PERTAINING TO THE PLAN AND COORDINATION OF ACTIVITIES; TO AMEND SECTION 41-45-30, RELATING TO REPORTS BY THE COUNCIL, SO AS TO INCLUDE REPORTS TO THE CHAIRMEN OF THE SENATE FINANCE AND HOUSE WAYS AND MEANS COMMITTEES AND REQUIRE REPORTS ON THE ACCOUNT; TO AMEND SECTION 41-45-40, RELATING TO COUNCIL RECOMMENDATIONS, SO AS TO INCLUDE THE OBJECTIVES OF THE STRATEGIC PLAN, DELETE THE PROVISION FOR REFERRALS BY THE GENERAL ASSEMBLY AND STATE AGENCIES, AND REVISE THE RECOMMENDATIONS CONCERNING AGENCY REQUESTS FOR ECONOMIC DEVELOPMENT APPROPRIATIONS; TO AMEND SECTION 41-45-50, RELATING TO COUNCIL FUNDS, COMMITTEES, AND DATA, SO AS TO REVISE THE DUTIES OF THE COMMITTEES; AND TO REAUTHORIZE THE EXISTENCE OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT FOR SIX YEARS.

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

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

The Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

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

H. 3874 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S COASTAL FISHERIES LAWS AND THE ESTABLISHMENT OF PARTICULAR RESTRICTED AREAS OF BEAUFORT, CHARLESTON, AND COLLETON COUNTIES, SO AS TO DELETE FROM THE RESTRICTED-AREAS LIST THE AREA WITHIN ONE-QUARTER MILE OF THE SHORE OF THE OCEAN BEACHES OF HUNTING ISLAND AND WITHIN ONE-QUARTER MILE OF THE BEACH OF HILTON HEAD FROM BRADDOCK COVE ALONG THE BEACH TO FISH HAUL CREEK IN BEAUFORT COUNTY.

H. 3981 -- Rep. J. Harris: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM ROAD #S13-340 LOCATED IN CHESTERFIELD COUNTY.

H. 4125 -- Reps. Wilkins and Harwell: A BILL TO AMEND SECTION 14-1-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIRED JUSTICES AND JUDGES PRESIDING OR SERVING IN CERTAIN COURTS OF THIS STATE AND THE REQUIREMENT THAT THESE JUSTICES OR JUDGES BE SCREENED, SO AS TO PROVIDE THAT IF A JUSTICE OR JUDGE RETIRED BEFORE THE EXPIRATION OF HIS THEN CURRENT TERM, NO FURTHER SCREENING OF THAT JUSTICE OR JUDGE IS REQUIRED UNTIL THAT TERM WOULD HAVE EXPIRED IF HE IS TO BE ASSIGNED TO SIT IN THE COURT OF APPEALS OR THE SUPREME COURT.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (JUD4125.002) previously proposed by Senator MOORE and printed in the Journal of April 9, 1992.

Senator MOORE asked unanimous consent to withdraw the proposed amendment.

There was no objection.

Senator MOORE proposed the following amendment (JUD4125.003), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 and inserting therein the following:

/SECTION 1. Section 14-1-215 of the 1976 Code is amended to read:

"Section 14-1-215. (A) A retired judge or justice from the Supreme Court, Court of Appeals, or circuit court of this State may be assigned by the Chief Justice of the Supreme Court to preside over any official proceeding in any circuit court of this State. A retired judge or justice from the Supreme Court or Court of Appeals of this State may be assigned by the Chief Justice of the Supreme Court to act as an associate justice or judge in any proceeding before the Supreme Court or Court of Appeals. A retired judge from the family court of this State may be assigned by the Chief Justice of the Supreme Court to preside over any official proceeding in any family court of this State.

In order to be eligible to be appointed by the Chief Justice to serve, any retired justice or judge of this State must have been screened in the manner provided in Section 2-19-10 and found by the committee to be qualified to serve in these situations within two years of the date of his appointment to serve, except that if a justice or judge retired before the expiration of his then current term, no further screening of that justice or judge is required until that term would have expired if he is to be assigned to sit on the Court of Appeals or the Supreme Court.

(B) Except as provided by subsection (A), prior to any person appointed or elected to serve as a justice of the Supreme Court, Court of Appeals judge, or Circuit Court judge acting in that capacity, that person shall be screened in the manner provided by Section 2-19-10 and found by the committee to be qualified to serve."/

Amend title to conform.

Senator POPE explained the amendment.

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

S. 1410 -- Senators Mullinax and O'Dell: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE ON EAST QUEEN STREET IN PENDLETON IN ANDERSON COUNTY AS THE DEXTER GOSSETT MEMORIAL BRIDGE.

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

S. 1012 -- Senator McConnell: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO PROVIDE FOR JUDICIALLY DETERMINED REPORTS INSTEAD OF INDICATED INVESTIGATIONS OF CHILD ABUSE AND NEGLECT TO BE COMMUNICATED TO THE STATEWIDE CENTRAL REGISTRY, DELETE THE PROVISIONS FOR A LOCAL REGISTRY AND REPORTS OF CHILD ABUSE, AND PROVIDE FOR THE DESTRUCTION OF NAMES, ADDRESSES, BIRTH DATES, AND OTHER IDENTIFYING CHARACTERISTICS OF PERSONS NAMED IN JUDICIALLY DETERMINED INSTEAD OF INDICATED REPORTS OF CHILD ABUSE AND NEGLECT.

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

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

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

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

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

THE SENATE PROCEEDED TO THE MOTION PERIOD.

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.

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

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

Bryan Courtney Drummond
Fielding Helmly Hinds
Hinson Lourie Martschink
Matthews McGill Mitchell
Moore Mullinax O'Dell
Peeler Reese Rose
Saleeby Shealy Smith, J.V.
Stilwell Thomas Washington
Williams

Cork Courson Giese
*Leventis Macaulay McConnell
Passailaigue Pope 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.

The Bill was made a Special Order.

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

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

S. 1077 -- Senators Washington and Rose: A BILL TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REQUIRE THAT A CANDIDATE FOR SHERIFF BE AT LEAST TWENTY-SIX YEARS OF AGE, A RESIDENT OF THE COUNTY FOR TWO YEARS, BE FINGERPRINTED AND HAVE A FINGERPRINT SEARCH CONDUCTED, AND FILE WITH THE CLERK OF COURT AN AFFIDAVIT; AND TO CHANGE THE EDUCATIONAL TRAINING AND LAW ENFORCEMENT EXPERIENCE REQUIREMENTS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (JUD1077.002) proposed by Senator STILWELL and previously printed in the Journal of April 14, 1992.

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

By prior motion of Senator Courson, the Privilege of the Floor was extended to Mr. Arnold Schwarzenegger.

Senator GIESE introduced Mr. Schwarzenegger.

Mr. Schwarzenegger was presented the Order of the Palmetto by Senator GIESE.

Mr. Schwarzenegger was granted leave to address brief remarks to the Senate.

At 11:20 A.M., on motion of Senator HINDS, the Senate receded from business until 11:30 A.M.

At 11:35 A.M., the Senate resumed.

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

The Senate resumed.

By prior motion of Senator COURSON, the Privilege of the Chamber, to that area behind the rail, was extended to the Pelham Road Elementary Singers and the Wade Hampton High School Chorus.

Senator HINDS, on behalf of the Tourism and Trade Commission of PRT, introduced the choral groups who performed varied selections.

Senators STILWELL, J. VERNE SMITH and MITCHELL welcomed the choral groups to the Senate.

H. 3127 -- Reps. Wilkins, Sheheen, J.W. Johnson, T.C. Alexander, Keyserling, Beasley, Boan, Huff and McElveen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.

The Senate proceeded to a consideration of the Joint Resolution. The question being the adoption of Amendment No. 2 (RES3127.02) previously proposed by Senator PASSAILAIGUE:

Amend the joint resolution, as and if amended, by adding appropriately numbered SECTIONS to read:

/SECTION . It is proposed that Section 2, Article III of the Constitution of this State be amended to read:

"Section 2. The Beginning in 1992, the House of Representatives shall be composed of members chosen by ballot every second fourth year by citizens of this State, qualified as in this Constitution is provided. No person elected Representative may succeed himself after three consecutive terms but shall be re-eligible. The limitation on the number of terms served shall not apply to members serving at the conclusion of the 109th South Carolina General Assembly who are re-elected to serve in the 110th South Carolina General Assembly unless they are unseated."

SECTION . It is proposed that Section 6, Article III of the Constitution of this State be amended to read:

"Section 6. The Beginning in 1992, the Senate shall be composed of one member from each county district, to be elected for the term of four six years by qualified electors in each county district, in the same manner in which members of the House of Representatives are chosen. No person elected Senator may succeed himself after two consecutive terms but shall be re-eligible. The limitation on the number of terms served shall not apply to members serving at the conclusion of the 109th South Carolina General Assembly who are re-elected to serve in the 110th South Carolina General Assembly unless they are unseated."

SECTION . The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed on the ballot:

"Shall Sections 2 and 6, Article III of the Constitution of this State be amended so as to provide that a person elected to the House of Representatives, beginning in 1992, serve four-year terms and to further provide that such members shall not serve more than three consecutive terms, but shall be re-eligible, to provide that such limitation shall not apply to members serving at the conclusion of the 109th South Carolina General Assembly who are re-elected to serve in the 110th South Carolina General Assembly unless they are unseated; to provide that a person elected to the Senate, beginning in 1992, shall serve a term of six years, to provide that no person elected Senator may succeed himself after two consecutive terms but shall be re-eligible, to provide that such limitation shall not apply to members serving at the conclusion of the 109th South Carolina General Assembly who are re-elected to serve in the 110th South Carolina General Assembly unless they are unseated?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."

SECTION . It is proposed that Section 3, Article IV of the Constitution of this State be amended to read:

"Section 3. The Beginning in 1994, the Governor shall be elected by qualified voters of the State at the regular election every other even-numbered year after 1970 six years. No person shall be elected Governor for more than two successive terms may succeed himself in the office but shall be re-eligible."

SECTION . It is proposed that Section 4, Article IV of the Constitution of this State be amended to read:

"Section 4. The term of office of the Governor shall be four six years, commencing in 1994, beginning at noon on the first Wednesday following the second Tuesday in January next after his election and ending at noon on the first Wednesday following the second Tuesday in January four six years later."

SECTION . The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written thereon:

"Shall Sections 3 and 4 of Article IV of the Constitution of this State be amended so as to provide that beginning in 1994 the person elected Governor shall not succeed himself in the office but shall be re-eligible, to provide that beginning in 1994, the term of the office of Governor shall be for six years?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."/

Renumber sections to conform.

Amend title to conform.

Senator MITCHELL moved to carry over the Joint Resolution.

Senator POPE raised a Point of Order that the motion required unanimous consent inasmuch as another Senator retained the floor.

The President sustained the Point of Order.

Senator MITCHELL asked unanimous consent to make a motion that the Joint Resolution be carried over.

Senator POPE objected.

Senator POPE raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Joint Resolution.

Senator POPE spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

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

Senator PASSAILAIGUE moved that the amendment be adopted.

Senator THOMAS argued contra to the adoption of the amendment.

Senator BRYAN argued contra to the adoption of the amendment.

Senator SHEALY argued contra to the adoption of the amendment.

Senator SHEALY moved to lay the amendment on the table.

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

Bryan Courtney Fielding
Hinds Hinson Leatherman
Leventis Lourie Macaulay
Martschink McConnell McGill
Moore Mullinax O'Dell
Patterson Peeler Pope
Reese Rose Russell
Saleeby Shealy Smith, J.V.
Thomas Washington Williams

Cork Courson Giese
Gilbert Helmly Mitchell
Passailaigue Stilwell Wilson

The amendment was laid on the table.

I voted to table Amendment No. 2 allowing term limitations because, among other reasons, it would exempt current members of the General Assembly and would allow the Governor and all Senators to serve a six- year term of office without possibility of re-election. Legislators will be more responsive and accountable to the people if they know they may face re-election. They may feel no responsibility to and pressure from the electorate if for six years they serve knowing they cannot face re-election.

My opposition to the term limitations amendment stems from the fact that the proposal grandfathers current members of the legislature. Current members should not be allowed to be unaffected by term limitation when new members are. This amendment would make current members a sort of "super representative".

Debate was interrupted by adjournment. The Joint Resolution remained in the Status of Special Order.

MOTION ADOPTED
On motion of Senator PASSAILAIGUE, with unanimous consent, the Senate adjourned out of respect to Mr. David S. Hill of Charleston on the occasion of his 90th birthday on April 15, 1992.

At 12:12 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

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